[Hosea Stout Diary] Friday Sep 17th 1847. Went out on guard with 5 men yesterdaywe found Counciller D. Russells horse pastured in the head lands of the corn field which was not allowed as such privilege would lead to destroying the crops. We had before spoke to him about the practice and he promised to stop his boys from going there any more but it appeared that he did not so Elias Gardner by my order took the horse and brought him away with the intention of putting him in the stray pen as he had violated the law on that subjecthowever he put him in his stable over night and early this morning while Gardner was gone from home Russells boy came and stole the horse and took him home and Gardner while on his way home was insulted by the boy and called a (damned) thief whereupon Gardner took after him and ran him into his fathers house and there related what his boy had said which his boy acknowledged to be correct
Russell only told him that it was wrong but justified his boy in taking the horse and also threatned Gardners life if he should attempt to take the horse when he was present. They had a few sharp words on the subject and parted.
Upon the affair being reported to me I reported it to Presidt Harris and afterwards to Prest Cutler as I thought it time to have an understanding on these subjects when the members of the council would threaten us while in the execution of their own laws and particular instructions as he had often done this sumer[.] These Presidents manifested a proper Spirit as I thought on the subject and agreed to have an investigation before the council.unwell to day, feeble.
[source: Diaries of Hosea Stout]
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