Joseph Smith/Legal issues

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Joseph Smith and legal issues

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• Joseph Smith was accused and brought to courts of law on a variety of charges
• Joseph Smith appeared in court in 1826 for "glasslooking"

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Articles about Joseph Smith

Life and Character	Status in Latter-day Saint belief Joseph Smith's family as trustworthy and hard-working Education Trustworthiness The Hurlbut affidavits Alleged narcissism Money digging Folk magic or the occult The Word of Wisdom
Revelations and the Church	Witness of Jesus Christ First Vision Book of Mormon Joseph Smith's inspired revision of the Bible The restoration of the priesthood Personages who appeared to Joseph Smith Use of seer stones as a youth Book of Abraham Kinderhook Plates
Prophetic Statements	The U.S. Civil War Rocky Mountain prophecy The White Horse prophecy Alleged false prophecies of Joseph Smith
Society	Legal issues 1826 trial Creation of the Kirtland Safety Society Failure of the Kirtland Safety Society Campaign for President of the United States
Plural marriage (polygamy)	Plural marriage or polygamy Polygamy navigator
Death	The Nauvoo Expositor Events surrounding the death of Joseph Smith Firing a gun at Carthage Jail Qualification as a martyr 1844 Succession to Joseph Smith

Joseph Smith/Legal issues

Question: How many times was Joseph Smith involved with legal issues?

"Joseph Smith was persecuted in courts of law as much as anyone I know. But he was never found guilty of any crime, and his name cannot be tarnished in that way"

It seems that Joseph Smith was constantly involved with legal issues during his life. How many times was Joseph involved in such matters and what were their nature?

Concluded one author:

Joseph Smith was persecuted in courts of law as much as anyone I know. But he was never found guilty of any crime, and his name cannot be tarnished in that way.

Entire books have been written on the legal history of the Church in its early days.

Introduction

Wrote a leading scholar of Joseph's legal history:

Joseph Smith believed that his enemies perverted legal processes, using them as tools of religious persecution against him, as they had been used against many of Christ's apostles and other past martyrs. Although he often gained quick acquittals, numerous "vexatious and wicked" lawsuits consumed his time and assets, leading to several incarcerations and ultimately to his martyrdom. Beginning soon after his ministry began and continuing throughout his life, Joseph Smith was subjected to approximately thirty criminal actions and at least that many civil suits related to debt collection or failed financial ventures.

Ohio

After the Church moved to Kirtland, Ohio, in 1831, several religious-based charges were prosecuted against Smith and other LDS leaders, but were dismissed on the grounds listed following each charge: assault and battery (self-defense), performing marriages without a valid license (one was procured), attempted murder or conspiracy (lack of evidence), and involuntary servitude without compensation during the Zion's Camp military crusade to Missouri (won on appeal). In turn, Church leaders successfully instituted charges and recovered damages for assaults occurring while they were acting in a religious capacity. However, the financial Panic of 1837 swamped the Prophet and others with civil debt-collection litigation. Worse still were suits for violating Ohio banking laws when the Kirtland Safety Society Anti-Banking Company (see Kirtland Economy) failed soon after it was organized in 1836 without a state charter. Charges of fraud and self-enrichment were raised but not proven; a jury conviction was appealed, but Joseph Smith left Ohio for Missouri before it was heard.

Missouri

In Missouri, most actions against the Latter-day Saints were extralegal, brought by non-Mormon vigilantes prejudiced against the Saints' opposition to slavery, their collective influx, and Smith's religious teachings concerning modern revelation and the territorial establishment of Zion in Jackson County. Civil magistrates routinely refused to issue peace warrants for Mormons or to redress their personal injuries or property damage. For example, despite being beaten and tarred and feathered and having the printing office destroyed, the LDS printer was awarded less than his legal fees and the Presiding Bishop received "one penny and a peppercorn." All three branches of state government seemed paralyzed or supportive of mob action, as the Saints were repeatedly dispossessed and expelled from county to county.

Illinois

In 1838-1839 the Saints settled in Nauvoo, Illinois, after their wrongful expulsion from Missouri. To avoid the "legal" persecutions suffered in earlier states, they obtained a liberal Nauvoo city charter for Nauvoo, which granted broad habeas corpus powers to local courts. These helped to free Joseph Smith and other Latter-day Saints when they were sought on writs by arresting officers from outside of Nauvoo. In 1841 state judge Stephen A. Douglas set aside a Missouri writ to extradite Joseph for charges still pending there, and in 1843 a federal judge did the same for a similar requisition after the alleged shooting of then ex-governor Boggs. However, the increasing use of the writ of habeas corpus by Nauvoo magistrates, preempting even state and federal authority, escalated distrust among non-Mormons who felt that Joseph Smith considered himself above the law.

Question: Did Joseph Smith mismanage the estate of two orphans, Maria and Sarah Lawrence by marrying these sisters polygamously in order to use the marriage to enrich himself?

The account presented is given by a bitter apostate: The courts found that Joseph's conduct had been appropriate

Note: This wiki section was based partly on a review of G.D. Smith's Nauvoo Polygamy. As such, it focuses on that author's presentation of the data. To read the full review, follow the link. Gregory L. Smith, A review of Nauvoo Polygamy:...but we called it celestial marriage by George D. Smith. FARMS Review, Vol. 20, Issue 2. (Detailed book review)

It is claimed that Joseph Smith mismanaged the estate of two orphans, Maria and Sarah Lawrence. Joseph also married these sisters polygamously, and it is suggested that he also used the marriage to enrich himself.

The account presented is given by a bitter apostate—offered nearly forty-three years after the fact—exclusive precedence over contemporary court documents, which demonstrate that the courts found that Joseph's conduct had been appropriate.

G.D. Smith reports that William Law charged Joseph with

fiduciary neglect of his teenage responsibility, Maria Lawrence. Reviewing his own actions forty years later, Law concluded that Joseph was not the only one who had taken advantage of a defenseless girl. Emma, he believed, was equally complicit. . . . With Hyrum Smith’s death, William Law, the other bondsman for the Lawrences, felt acutely the responsibility he bore, ultimately reimbursing Joseph’s $3,000 worth of expenses charged to the estate—the amount Joseph had claimed as the value of room and board (pp. 438–39).

Repeating error

By accepting Law’s account, G. D. Smith commits many of the same errors present in Todd Compton’s In Sacred Loneliness. However, even before the publication of Compton’s book, Gordon A. Madsen had presented data showing the falsity of Law’s charges. Compton has the excuse that Madsen’s material was unpublished when his book went to press and only available from a presentation made at the Mormon History Association in 1996. More than a decade later, G. D. Smith makes the same errors, though with no hint of the exculpatory evidence available from the primary documents. He even cites Madsen’s materials but tells the reader nothing about their contents.

Ignoring other sources since Compton

G. D. Smith has apparently not paid attention to what the FARMS Review reported on this topic either, since

most of what Law said about the estate itself was incorrect. . . . Madsen’s paper quoted the will, under which Maria and Sarah would share equal parts of the estate with several siblings, but the distribution was not due during the life of their widowed mother, who was entitled to her share of annual interest on the undivided assets. . . . Between 1841 and early 1844, Joseph Smith charged nothing for boarding Maria and Sarah, nor did he bill the estate for management fees. Furthermore, in mid-1843, the probate court approved his accounts, including annual interest payments to the widow, as required by the will. . . . Gordon Madsen’s overall point was that the Prophet met his legal responsibilities in being entrusted with the Lawrence assets. There is no hint of fraud.

Following William Law regardless

But rather than respond to this material or describe Madsen’s conclusions, G. D. Smith merely follows the hostile William Law. Madsen further informed me that there was never any “cash” in the estate delivered to Joseph, and certainly not the “$8,000.00 in English gold” that Law would later claim.

The bulk of the estate was in promissory notes owed by fellow Canadians to the Lawrences. Law was well aware of this since he and his brother Wilson were hired by Joseph to collect some of these debts. Joseph’s accounts provided the probate court list payment to “W. & W. Law” in such cases. At one point, Joseph “sent William Clayton to Wilson Law to find out why he refused paying his note, when he brought in some claims as a set-off which Clayton knew were paid, leaving me no remedy but the glorious uncertainty of the law.” It is not clear whether this was Law’s own note or one owed to the Lawrences. Certainly the estate was never liquid, and it is likely that not all of the notes had been collected before Joseph’s death.

To portray Joseph as “us[ing] celestial marriage as a means to access . . . [a] fortune” (p. 439) is to ignore virtually all the primary sources.

Question: Does Doctrine and Covenants 98:4-11 instruct Latter-day Saints to disobey secular law?

The revelation is telling the Saints to support honest and wise men as leaders, not to disobey the law

The quote is from D. Michael Quinn, and is his interpretation. The revelation is not telling the Saints to "disobey secular law and civil leaders"—it is telling them to "befriend" the law of the land, and seek to support "honest men and wise men" as leaders.

4 And now, verily I say unto you concerning the laws of the land, it is my will that my people should observe to do all things whatsoever I command them.
5 And that law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me.
6 Therefore, I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land;
7 And as pertaining to law of man, whatsoever is more or less than this, cometh of evil.
8 I, the Lord God, make you free, therefore ye are free indeed; and the law also maketh you free.
9 Nevertheless, when the wicked rule the people mourn.
10 Wherefore, honest men and wise men should be sought for diligently, and good men and wise men ye should observe to uphold; otherwise whatsoever is less than these cometh of evil.
11 And I give unto you a commandment, that ye shall forsake all evil and cleave unto all good, that ye shall live by every word which proceedeth forth out of the mouth of God. (D&C 98꞉4-11

)

Joseph I. Bentley, "Legal Trials of the Prophet: Joseph Smith's Life in Court"

Joseph I. Bentley,  Proceedings of the 2006 FAIR Conference, (August 2006)

From my years of research and work on the Joseph Smith Papers Project, I have gained a deeper appreciation of Joseph’s achievements, despite intense and unrelenting adversity. Among his other tribulations was the fact that his ministry was shadowed by many persistent legal prosecutions. Anyone who has been through even one lawsuit knows how all-consuming it can be. It can demand your time, assets, body and mind.

So far we’ve found over two hundred total suits involving Joseph Smith–whether as a defendant, plaintiff, witness or judge. (Yes, as Mayor of Nauvoo, he was also a Justice of the Peace and Chief Magistrate of the Nauvoo Municipal Court.) That makes an average of about fourteen cases per year. As best we can tell, he endured an average of one lawsuit per month during most of his ministry!

Brigham Young said that he had to defend himself in forty-eight criminal cases, including many personally involving Brigham–but that Joseph was never convicted in any of them. We believe that this count of criminal cases against him is quite accurate. We’ll focus mainly on some criminal charges that took his liberty, his assets and ultimately his life. Knowing that not once was he found legally guilty of any charges against him has strengthened my own faith and regard for Joseph Smith–the man and the Prophet. This is a unique way to tell the history of the Church through lawsuits and court records.

From the time of his First Vision, Joseph said he got used to “swimming in deep water.” This was also true of his experience with the law. The Lord told him at the start of his ministry: “Be patient in thine afflictions for thou shalt have many. But endure them, for lo I am with thee, even unto the end of thy days.”1 Also: “Be firm in keeping the commandments … and if you do this, behold I grant unto you eternal life, even if you should be slain.“2 Finally: “And even if they do unto you as they have done unto me, blessed are ye, for ye shall dwell with me in glory.”3 These verses connected him to the Lord himself. But how is that for a mission call?

The legal charges and trials of Joseph began almost before his ministry began, and they continued for many years after it ended.

Click here to view the complete article

Notes

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Articles about Joseph Smith

Life and Character	Status in Latter-day Saint belief Joseph Smith's family as trustworthy and hard-working Education Trustworthiness The Hurlbut affidavits Alleged narcissism Money digging Folk magic or the occult The Word of Wisdom
Revelations and the Church	Witness of Jesus Christ First Vision Book of Mormon Joseph Smith's inspired revision of the Bible The restoration of the priesthood Personages who appeared to Joseph Smith Use of seer stones as a youth Book of Abraham Kinderhook Plates
Prophetic Statements	The U.S. Civil War Rocky Mountain prophecy The White Horse prophecy Alleged false prophecies of Joseph Smith
Society	Legal issues 1826 trial Creation of the Kirtland Safety Society Failure of the Kirtland Safety Society Campaign for President of the United States
Plural marriage (polygamy)	Plural marriage or polygamy Polygamy navigator
Death	The Nauvoo Expositor Events surrounding the death of Joseph Smith Firing a gun at Carthage Jail Qualification as a martyr 1844 Succession to Joseph Smith

Joseph Smith/Legal issues

Highlights in the Prophet’s Life 20 Mar. 1826: Tried and acquitted on fanciful charge of being a “disorderly person,” South Bainbridge, Chenango County, New York. New York law defined a disorderly person as, among other things, a vagrant or a seeker of “lost goods.” The Prophet had been accused of both: the first charge was false and was made simply to cause trouble; Joseph’s use of a seer stone to see things that others could not see with the naked eye brought the second charge. Those who brought the charges were apparently concerned that Joseph might bilk his employer, Josiah Stowell, out of some money. Mr. Stowell’s testimony clearly said this was not so and that he trusted Joseph Smith.

—Anonymous, "Highlights in the Prophet’s Life," Ensign (Jun 1994), 24. off-site

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Question: What is Joseph Smith's 1826 South Bainbridge "trial" for "glasslooking"?

Joseph Smith appeared at a pre-trial court hearing in 1826 for "glasslooking"

In 1825 Josiah Stowel sought out the young Joseph Smith, who had a reputation for being able to use his seer stone to locate lost objects, to help him to locate an ancient silver mine. After a few weeks of work, Joseph persuaded Stowel to give up the effort. In 1826, some of Stowel's relatives brought Joseph to court and accused him of "glasslooking" and being a "disorderly person." Several witnesses testified at the hearing.

Joseph was released without being fined or otherwise punished - there was no verdict of "guilty" or "not guilty" because this was only a hearing rather than a trial

Joseph was ultimately released without being fined and had no punishment imposed upon him. Years later, a bill from the judge was discovered which billed for court services.

Gordon Madsen summarized:

"The evidence thus far available about the 1826 trial before Justice Neely leads to the inescapable conclusion that Joseph Smith was acquitted."

A review of all the relevant documents demonstrates that:

1. The court hearing of 1826 was not a trial, it was an examination
2. The hearing was likely initiated from religious concerns; i.e. people objected to Joseph's religious claims.
3. There were seven witnesses.
4. The witnesses' testimonies have not all been transmitted faithfully.
5. Most witnesses testified that Joseph did possess a gift of sight

The court hearing was likely initiated by Stowel's relatives as a concern that he was having too much influence on Stowel

It was likely that the court hearing was initiated not so much from a concern about Joseph being a money digger, as concern that Joseph was having an influence on Josiah Stowel. Josiah Stowel was one of the first believers in Joseph Smith. His nephew was probably very concerned about that and was anxious to disrupt their relationship if possible. He did not succeed. The court hearing failed in its purpose, and was only resurrected decades later to accuse Joseph Smith of different crimes to a different people and culture.

Understanding the context of the case removes any threat it may have posed to Joseph's prophetic integrity.

Question: What events resulted in Joseph Smith's 1826 court appearance in South Bainbridge?

Josiah Stowell requested Joseph Smith's help in locating an ancient silver mine

In the spring of 1825 Josiah Stowell visited with Joseph Smith "on account of having heard that he possessed certain keys, by which he could discern things invisible to the natural eye." Josiah Stowell wanted Joseph to help him in his quest to find treasure in an ancient silver mine. Joseph was reluctant, but Stowell persuaded Joseph to come by offering high wages. According to trial documents, Stowell says Joseph, using a seer stone, "Looked through stone and described Josiah Stowell's house and out houses, while at Palmyra at Sampson Stowell's correctly, that he had told about a painted tree with a man's hand painted upon it by means of said stone."

Joseph ultimately persuaded Stowell to give up looking for the mine

Joseph and his father traveled to southern New York in November of 1825. This was after the crops were harvested and Joseph had finished his visit to the Hill Cumorah that year. They participated with Stowell and the company of workers in digging for the mine for less than a month. Finally Joseph persuaded him to stop. "After laboring for the old gentleman about a month, without success, Joseph prevailed upon him to cease his operations."

Joseph continued to work in the area for Stowell and others. He boarded at the home of Isaac Hale and met Emma Hale, who was one "treasure" he got out of the enterprise.

The following year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely

In March of the next year, Stowell's sons or nephew (depending on which account you follow) brought charges against Joseph and he was taken before Justice Neely. The supposed trial record came from Miss Pearsall. "The record of the examination was torn from Neely's docket book by his niece, Emily Persall, and taken to Utah when she went to serve as a missionary under Episcopalian bishop Daniel S. Tuttle." This will be identified as the Pearsall account although Neely possessed it after her death. It is interesting that the first published version of this record didn't appear until after Miss Pearsall had died.

Stowell's relatives felt that Joseph was exercising "unlimited control" over their father or uncle

William D. Purple took notes at the trial and tells us, "In February, 1826, the sons of Mr. Stowell, ...were greatly incensed against Smith, ...saw that the youthful seer had unlimited control over the illusions of their sire... They caused the arrest of Smith as a vagrant, without visible means of livelihood."

Whereas the Pearsall account says: "Warrant issued upon oath of Peter G. Bridgman, [Josiah Stowell's nephew] who informed that one Joseph Smith of Bainbridge was a disorderly person and an imposter...brought before court March 20, 1826"

So, we have what has been called "The 1826 Trial of Joseph Smith", even though the records show that this wasn't actually a trial. For many years LDS scholars Francis Kirkham, Hugh Nibley and others expressed serious doubts that such a trial had even taken place.

Question: Why was Joseph fined if he wasn't found guilty of anything?

Joseph was never fined - the bills from Judge Neely and Constable DeZeng were for court costs

The court did not assess a fine against Joseph. There were bills made out by Judge Neely and Constable DeZeng, but these were for costs. Those bills were directed to the County for payment of witnesses, etc., not to Joseph.

Ensign (June 1994): "Highlights in the Prophet’s Life 20 Mar. 1826: Tried and acquitted on fanciful charge of being a “disorderly person,” South Bainbridge, Chenango County, New York

Ensign (June 1994):

Highlights in the Prophet’s Life 20 Mar. 1826: Tried and acquitted on fanciful charge of being a “disorderly person,” South Bainbridge, Chenango County, New York. New York law defined a disorderly person as, among other things, a vagrant or a seeker of “lost goods.” The Prophet had been accused of both: the first charge was false and was made simply to cause trouble; Joseph’s use of a seer stone to see things that others could not see with the naked eye brought the second charge. Those who brought the charges were apparently concerned that Joseph might bilk his employer, Josiah Stowell, out of some money. Mr. Stowell’s testimony clearly said this was not so and that he trusted Joseph Smith.

Question: Didn't Hugh Nibley claim that a record of this trial would be "the most damning evidence in existence" against Joseph Smith?

Nibley felt that the "court record" didn't seem to be correct

Hugh Nibley had serious doubts as to whether or not Joseph Smith was actually brought to trial in 1826, and he felt that the only real trial was in 1830. For the most part, Nibley felt that the "court record" didn't seem to be correct. The following quote is taken from Nibley's book "The Myth Makers:"

"if this court record is authentic it is the most damning evidence in existence against Joseph Smith."

Why are the 1971 discoveries important?

It was easy to cast doubt on the reality of the 1826 hearing until the bills from Judge Albert Neely and Constable Philip De Zeng were found in 1971. These documents were removed from their purported site of discovery by Dr. Wesley Walters, a well-known anti-Mormon author.

Walters wrote, "Because the two 1826 bills had not only suffered from dampness, but had severe water damage as well, Mr. Poffarl hand-carried the documents to the Yale University's Beinecke Library, which has one of the best document preservation centers in the country." The problem with this action is, once you have removed a document from a historical setting and then try to restore it to the same setting, you can't prove that you have not altered the document.

The actions of Walters and Poffarl compromised the documents. By having the documents removed and only returned under threat of a lawsuit by the County, it opened the possibility that they could be forged documents. They are generally considered to be authentic.

Nibley's real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit

Since Wesley Walters has found some bills related to the trial, the critics now claim that the case is proven and that Nibley has proven their case for them. Nothing is further from the truth. First of all you need to look at the whole quote. Nibley was chastising Tuttle for not actually using the trial record that he had. He was questioning why he would do that if it was so important.

"You knew its immense value as a weapon against Joseph Smith if its authenticity could be established. And the only way to establish authenticity was to get hold of the record book from which the pages had been purportedly torn. After all, you had only Miss Pearsall's word for it that the book ever existed. Why didn't you immediately send he back to find the book or make every effort to get hold of I? Why didn't you "unearth" it, as they later said you did? . . . The authenticity of the record still rests entirely on the confidential testimony of Miss Pearsall to the Bishop. And who was Miss Pearsall? A zealous old maid, apparently: "a woman helper in our mission," who lived right in the Tuttle home and would do anything to assist her superior. The picture I get is that of a gossipy old housekeeper. If this court record is authentic, it is the most damning evidence in existence against Joseph Smith. Why, then, [speaking to Tuttle] was it not republished in your article in the Schaff-Herzog Encyclopedia of Religious Knowledge after 1891? . . . in 1906 Bishop Tuttle published his Reminiscences of a Missionary Bishop in which he blasts the Mormons as hotly as ever. . . yet in the final summary of his life's experiences he never mentions the story of the court record - his one claim to immortal fame and the gratitude of the human race if it were true!" (Nibley "The Myth Makers", 246)

The Pearsall account, which has never been produced, claims that the defendant was found guilty. The real point at issue is not whether or not there was a trial, but whether or not a record existed proving Joseph guilty of deceit. A document proving such guilt has not been found.

Question: What did critics of the Church during Joseph Smith's lifetime think of the 1826 court hearing?

Critics of Joseph Smith's time ignored the 1826 court hearing

Critics of Joseph Smith's time ignored the 1826 court hearing:

1. They didn't bring it up in another trial in the same area in 1830.
2. It was not mentioned in any of the affidavits collected by Hurlbut in 1833, even though he was diligently looking for every piece of dirt he could find.
3. Although the trial was briefly mentioned in 1831, it was not mentioned again in a published record for 46 years.

The attraction of this event for a later generation of critics, however, lies in the fact that:

• Society had changed
• Seer Stones were no longer acceptable
• Treasure digging was considered abnormal
• Spiritual gifts were reinterpreted as manifestations of the occult

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible

Many people of the 1800s did not see any differences between what later generations would label as "magic" and religiously-driven activities recorded in the Bible—such as Joseph's silver cup (see Genesis 44:2,5) in which 'he divineth' (which was also practiced by the surrounding pagans and referred to as hydromancy), or the rod of Aaron and its divinely-driven power (Exodus 7:9-12).

The Bible records that Jacob used rods to cause Laban's cattle to produce spotted, and speckled offspring (see Genesis 30:37-39) — one can only imagine what the critics would say should Joseph Smith have attempted such a thing!

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic'

In Joseph Smith's own day other Christian leaders were involved in practices which today's critics would call 'occultic.' Quinn, for instance, observes that in "1825, a Massachusetts magazine noted with approval that a local clergyman used a forked divining rod.... Similarly, a Methodist minister wrote twenty-three years later that a fellow clergymen in New Jersey had used a divining rod up to the 1830s to locate buried treasure and the 'spirits [that] keep guard over buried coin'...."

Activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked

It is important to realize that every statement about "magic" or the "occult" by LDS authors is a negative one. Joseph and his contemporaries would likely have shocked and dismayed to be charged with practicing "magic." For them, such beliefs were simply how the world worked. Someone might make use of a compass without understanding the principles of magnetism. This mysterious, but apparently effective, device was useful even if its underlying mechanism was not understood. In a similar way, activities of the early 1800s or Biblical times which later generations would view skeptically were simply thought of as part of how the world worked.

But, it is a huge leap from this realization to charging that Joseph and his followers believed they were drawing power from anything but a divine or proper source.

Question: What are the details of Joseph Smith's 1826 "trial" for "glasslooking"?

What records of the court hearing exist?

We have five records of the 1826 hearing. These were published in eight documents.

1. Apr. 9, 1831 - A W. Benton in Evangelical Magazine and Gospel Advocate
2.Oct. 1835 - Oliver Cowdery in Latter-day Saints Messenger and Advocate
3.1842 letter from Joel K. Noble (not published until 1977)
4.Record torn from Judge Neely docket book by Miss Emily Pearsall (niece)

• Feb. 1873 - Charles Marshall publishes in Frazer's Magazine (London)
• Apr. 1873 - Frazer's article reprinted in Eclectic Magazine (N.Y.)
• 1883 - Tuttle article in New Schaff-Herzog Encyclopedia of Religious Knowledge
• Jan. 1886 - Christian Advocate vol. 2, no. 13 (Salt Lake City, UT)

5. May 3, 1877 - W. D. Purple Chenango Union

It may be that Purple saw the publication in the Eclectic Magazine and that is why he published his account a few years later. There are no complete overlaps in the accounts; we will look at the similarities and differences.

Finally, we have the bills by Judge Neely and Constable Da Zeng which provide some additional useful details.

Document provenance

We don't have the actual record that Miss Pearsall had, but the claimed trail of events leads as follows:

1. Miss Pearsall tears the record from the docket book of her uncle Judge Neely
2. She takes the record with her to Utah when she went to work with Bishop Tuttle.
3. Miss Pearsall dies in 1872.
4. Charles Marshall copies the record and has it published in Frazer's Magazine in 1873.
5. Ownership falls to Tuttle after Miss Pearsall's death
6. Tuttle published in 1883 Schaff-Herzog encyclopedia.
7. Tuttle gave it to the Methodists who published it in 1886
8. Then the record was lost.

It will be noticed with interest, that although Bishop Tuttle and others had access to the Pearsall account for several years it was not published until after her death. That combined with the fact that the torn leaves were never allowed to be examined, would cast some doubt on the completeness or accuracy of that which was published.

Do we have a court record?

We know that the supposed "court record" obtained by Miss Pearsall can't be a court record at all.

1. Misdemeanor trials were not recorded, only felony trials.
2. No witness signatures—they were required in an official record.
3. It appears to be a pretrial hearing.
4. Pretrial hearings cannot deliver guilty verdicts.

Why were the various records made?

This is the reason that the people stated for why they were putting forth this information.

1. Benton: more complete history of their founder
2. Cowdery: private character of our brother
3. Noble: explain the character of the Mormons
4. Marshal: preserve a piece of information about the prophet
5. Purple: as a precursor of the advent of the wonder of the age, Mormonism
6. Tuttle: [to show] In what light he appeared to others
7. Judge Neely: to collect fees

Unsurprisingly, those who provided these accounts had an agenda. We are not looking at an event through the eyes of an unbiased observer, and most of that bias is directed against Joseph Smith.

Who brought the charges?

If we look at the individuals bringing the charges, we have the following: Benton (1831): The Public Cowdery (1835): very officious person Noble (1842): Civil authority Marshall (1873): Peter G. Bridgman Purple (1877): sons of Mr. Stowell Tuttle (1883): Peter G. Bridgman Judge Neely: The Public

Note that the agreement of Marshall and Tuttle is misleading because they are essentially quoting the same source.

Whether it was Josiah Stowell's sons or his nephew Peter G. Bridgman, it seems to be close family members. We don't know why Peter G. Bridgman brought the charges, but it could easily have been because he was worried that his uncle was accepting Joseph Smith in his religious claims. Josiah did join the church organized by Joseph Smith and stayed faithful his whole life. As for Peter Bridgman, "Within a month after the trial he was licensed as an exhorter by the Methodists and within three years had helped establish the West Bainbridge Methodist Church. Upon his death in 1872 his fellow ministers characterized him as 'an ardent Methodist and any attack upon either the doctrines or the polity of the Methodist Episcopal Church, within his field of labor, was sure to be repelled by him with a vigorous hand."

Is it possible that the trial of Joseph Smith was just one of his first attempts to apply a "vigorous hand?"

What was the charge against Joseph Smith?

The charge is listed in the various accounts as:

1. Benton (1831): a disorderly person
2. Cowdery (1835): a disorderly person
3. Noble (1842): under the Vagrant act
4. Marshall (1873): a disorderly person and an imposter
5. Purple (1877): a vagrant, without visible means of livelihood
6. Tuttle (1882): a disorderly person and an imposter
7. Judge Neely: a misdemeanor

Hugh Nibley indicated how it would be strange that he could be charged without visible means of livelihood, since he was being employed by Stowell and others.

The portion of the statute that would seem to apply was enacted by New York in 1813.

...all persons who not having wherewith to maintain themselves, live idle without employment, and also all persons who go about from door to door, or place themselves in the streets, highways or passages, to beg in the cities or towns where they respectively dwell, and all jugglers, and all persons pretending to have skill in physiognomy, palmistry, or like crafty science, or pretending to tell fortunes, or to discover where lost goods may be found; ... shall be deemed and adjudged disorderly persons.

What is a juggler? It used to be that a person skilled in sleight of hand was called a juggler, whereas today we would call them a "sleight of hand magician." Thus, a "juggler" was a con man; someone using his 'stage magic' talents to defraud.

But what if you weren't pretending to discover lost goods? What if you actually had a gift where you "could discern things invisible to the natural eye" Could you then be judged guilty of this statute?

How many witnesses testified?

As far as the number of witnesses we have the following:

1. Benton (1831): not mentioned
2. Cowdery (1835): not mentioned
3. Marshall (1873): Five quoted, charges for seven witnesses
4. Tuttle (1882): Six
5. Purple (1877): Four
6. Constable Philip De Zeng: Twelve

What is particularly interesting here is that Tuttle and Marshall are supposedly quoting from the same document. Marshall only quotes 5 witnesses, but at the end, the charges are listed for seven witnesses. The fee was 12-1/2 cents per witness. Eighty-seven and ½ cents divided by twelve ½ cents per witness, gives us seven witnesses. By combining the Purple and Pearsall accounts we can arrive at seven witnesses, and also a motive for not including all the witnesses or letting the record be examined. It is unknown why the constable would have listed twelve witnesses, unless that is the number he summoned to the proceedings. Seven would seem to be the correct number of those that testified.

What witness is excluded from some accounts?

Purple does add a witness that hadn't been included by Marshall or Tuttle: Joseph Smith, Sr. Maybe they didn't want to include the testimony of Joseph's father because his testimony was more religious in nature. He spoke of Joseph's "wonderful triumphs as a seer", that "both he and his son were mortified that this wonderful power which God had so miraculously given him should be used only in search of filthy lucre," and "he trusted that the Son of Righteousness would some day illumine the heart of the boy, and enable him to see His will concerning him." It is easy to see why this testimony wouldn't be included in a record where you are trying to show that Joseph Smith was a person trying to acquire work as a money digger. Which might be the reason the Tuttle and Marshall omitted the Joseph Smith Sr. testimony.

What verdict was brought against Joseph?

1. Benton: tried and condemned ... designedly allowed to escape
2. Cowdery: honorably acquitted
3. Noble: was condemned, took leg bail
4. Marshall: guilty?
5. Tuttle: guilty?
6. Purple: discharged
7. Constable De Zeng: not a trial

Noble's statement is hearsay, since there is no evidence that he actually attended this trial. Furthermore, his statement and Benton's statement can't be taken as an indication that Joseph was judged guilty. For example, in Joseph's 1830 trial he was acquitted. The court said that they "find nothing to condemn you, and therefore you are discharged." Then Mr Reid testifies, "They then proceeded to reprimand him severely, not because anything derogatory to his character in any shape had been proven against him by the host of witnesses that had testified during the trial."

The verdict indicated by Marshall and Tuttle is questionable. It seems to be appended as an afterthought. Throughout the document Joseph is referred to as the "prisoner", then after the last testimony, we have one sentence in which he is named a defendant, "And thereupon the Court finds the defendant guilty." Here we have suddenly a declaratory statement that is completely out of character with the rest of the Pearsall document. Also, if this were actually a trial, Joseph wouldn't have testified against himself as the first witness.

The examination was not a trial

Wesley P. Walters has demonstrated that this is not a trial. The Constable's charges of "19 cents attached to the mittimus marks it as the pre-trial 'commitment for want of bail' ...and not the post-trial 'warrant of commitment, on conviction, twenty-five cents."

In the Tanners' anti-Mormon Salt Lake City Messenger, they stated, "Wesley P. Walters had convincingly demonstrated to us that we were dealing with 'an examination.' In a New Conductor Generalis, 1819, page 142, we learn that in an 'examination' the accused is not put under oath but that the witnesses are'"

In all cases but one the witnesses were "sworn", whereas Joseph was examined. Judge Neeley's charges actually uses that precise terminology, "in examination of above cause". Therefore, since this wasn't a trial, one cannot have a guilty verdict.

Summary of testimony

• Joseph Smith, Jr.: In the Purple account he tells about finding his stone and he exhibits his stone. In the Pearsall record it talks about how Stowell came and got Joseph, "had been employed by said Stowel on his farm, and going to school;" He informed Stowell where to find treasures, and buried coins and that he did it for the previous three years. But Joseph did not solicit and declined having anything to do with the business.

• Joseph Smith Sr.: This testimony is only in the Purple account. We discussed earlier how he felt this power showed that Joseph was a seer and that Joseph Sr. was mortified by the use of the sacred power and that he hoped that eventually it would get used correctly. Since this testimony puts Joseph in a positive light it is understandable why it wasn't included in the published versions of the Pearsall account.

• Josiah Stowell: His employer's testimony in the Purple account has Josiah say that Joseph could see 50 feet below the surface, described many circumstances to confirm his words. He said, "do I believe it? No, it is not a matter of belief: I positively know it to be true."

We go to the Pearsall record, for a slightly different account of the Josiah Stowell testimony. It tells how Joseph "looked through stone, and described Josiah Stowel's house and out-houses while at Palmyra, at Simpson Stowel's, correctly; that he had told about a painted tree with a man's hand painted upon it, by means of said stone;" Josiah tells about Joseph's being employed part time. It also contains the part that "he positively knew that the prisoner could tell, and professed the art of seeing those valuable treasures through the medium of said stone." He talked about finding something for Deacon Attelon that looked like gold ore. Josiah talked about Mr. Bacon burying some money and that Joseph described how there was a feather buried with the money. They found the feather but the money was gone. Josiah said that he "had been in company with prisoner digging for gold, and had the most implicit faith in prisoner's skill."

Stowell joined the Church in 1830, and died in full fellowship, planning to join the Saints "in Zion."

• Horace Stowell: This testimony is only found in the Neely record. It is a short testimony that describes where a chest of dollars was buried in Winchester County and that Joseph marked the size of the chest with leaves on the ground.

• Arad Stowell: This witness went to see Joseph and wanted Joseph to display his skill. He laid out a book on a cloth. While holding a white stone to a candle, he read the book. Arad said that he was disappointed and went away because to him it was obviously a deception, but he doesn't tell us why he thought it was a deception. It would have been nice if he had told us why he thought that. Was it just that he had his mind made up before he went to see Joseph?

There are only three testimonies that are duplicated in both the Purple and Pearsall accounts. They are Joseph Smith, Josiah Stowel and Jonathan Thompson. In the Purple account Thompson said that he could not remember finding anything of value. He stated that Joseph claimed there was a treasure protected by sacrifice and that they had to be armed by fasting and prayer. They struck the treasure with a shovel. One man placed his hand on the treasure, but it gradually sunk out of reach. Joseph believed there was a lack of faith or devotion that caused the failure. They talked about getting the blood from a lamb and sprinkling it around.

Interestingly, the same witness in the Pearsall record says that Joseph indicated where the treasure was. He looked in the hat and told them how it was situated. An Indian had been killed and buried with the treasure. So this detail matches with the Purple account. The treasure kept settling away. Then Joseph talked about salt that could be found in Bainbridge and described money that Thompson had lost 16 years ago. Joseph described the man that had taken it and what happened to the money. There is nothing mentioned about sacrificing sheep or not having sufficient faith and so forth. The Pearsall record is supposedly a more complete written record, but it doesn't have the bleeding sheep, or fasting and prayer that characterizes the Purple account.

Question: What happened to Josiah Stowell? Did he conclude he had been defrauded after the court hearing?

Stowell joined the Church and died in full fellowship

One biographical encyclopedia noted:

Josiah Stowell (sometimes spelled Stoal) was born in Winchester, New Hampshire, 22 March 1770, and later resided at his farm on the Susquehanna River, about 3.2 miles southwest of the village of South Bainbridge (now Afton). This village was part of the township of Bainbridge (now Afton), Chenango County, New York. In October 1825 Stowell was engaged in digging for reported Spanish treasure in the Ouaquaga (Ouaquagua) Mountains of Harmony, Susquehanna County, Pennsylvania. Hearing that Joseph Smith Jr. of Manchester, Ontario County, New York, had the ability to "discern things invisible to the natural eye," Mr. Stowell visited Joseph and employed him.

The men lodged at the home of Isaac Hale in Harmony. According to Hale, they dug from early November to about 17 November 1825, when successive failures caused them to withdraw to the Stowell farm. While at the Hale home, Joseph Smith had met Isaac's daughter, Emma. He continued to court her while he was employed in New York by Josiah Stowell and Joseph Knight Sr. After Joseph and Emma were married at South Bainbridge on 18 January 1827, Stowell gave the newlyweds a ride to Manchester, where they resided with Joseph's parents.

Stowell and Knight were both houseguests of the Smiths at Manchester on 21-22 September 1827, when Joseph Smith went to the Hill Cumorah and obtained the gold plates from Moroni. Stowell joined the Church in 1830 but did not go west with the Saints when they moved to Ohio in 1831. Josiah Stowell continued to express his belief in the Prophet and the Book of Mormon as indicated in a letter written by his son, Josiah Stowell Jr., to John S. Fullmer in February 1843. He also dictated a letter to the Prophet in Nauvoo on 19 December 1843 and told him of his desire "to come to Zion the next season"; however, conditions prevented his doing so. Josiah Stowell died in Smithboro, Tioga County, New York, on May 12, 1844. He is buried in the Smithboro Cemetery.

Question: Was Joseph Smith found guilty of being a "con man" in 1826?

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing

Claims that Joseph was a "juggler," or "conjurer" were a common 19th century method of dismissing his prophetic claims via ad hominem. Modern-day claims about him being found to be a "con man" are simply the same attack with updated language, usually bolstered by a misunderstanding or misrepresentation of Joseph's 1826 court hearing.

Joseph's tendency to assume the best of others, even to his own repeated detriment, also argues for his sincerity. One might legitimately claim that Joseph was mistaken about his prophetic claims, but it will not do to claim that he was cynically, knowingly deceiving others for his own gain.

Claims about Joseph being found guilty of being a "con man" in court usually revolve around either a misunderstanding or misrepresentation of Joseph's 1826 court hearing:

Even if one rejects Joseph's claims to divine revelation or special abilities, his conduct still does not match that of a "con man"

• Con men seek out their marks; Joseph was approached for his help by those who had heard about him
• Con men travel from place to place, staying one step ahead of the law while defrauding their marks; Joseph was known locally and remained in his local area

Brant Gardner noted:

One very subtle but very important aspect of all of the dealings of the village seers is their relationship with their clients. The true cunning men and wise women were fixtures in the community. They received clients; they did not seek them out. In the cases reported about Sally Chase, her clients came to her. We have four descriptions of Joseph as this kind of village seer; and in each case, the client came to him with his problem....[T]hose who were searching for treasure invited the adept, but the cunning man or wise woman did not actively seek their employ.

Broader character traits that argue against the "con-man hypothesis"

When Joseph's career is examined more broadly, there are other factors which argue for his sincerity. Arguably one character trait which gave Joseph repeated trouble was his willingness to trust others and give them the benefit of the doubt. His striking ability to accept people at face value, never doubting that their motives were as pure as his own, has many exemplars. The case of W.W. Phelps is one.

Phelps had betrayed Joseph and the Church during the Missouri persecutions, and contributed to Joseph's confinement in Liberty Jail. His signature was on the petition that resulted in the extermination order which led to the Saints' murder and dispossession. After receiving a penitent letter from Phelps, Joseph quickly responded

I must say that it is with no ordinary feelings I endeavor to write a few lines to you… I am rejoiced at the privilege granted me… when we read your letter—truly our hearts were melted into tenderness and compassion when we ascertained your resolves… It is true, that we have suffered much in consequence of your behavior… we say it is your privilege to be delivered from the powers of the adversary, be brought into the liberty of God's dear children, and again take your stand among the Saints of the Most High, and by diligence, humility, and love unfeigned, commend yourself to our God, and your God, and to the Church of Jesus Christ…

Believing your confession to be real, and your repentance genuine, I shall be happy once again to give you the right hand of fellowship, and rejoice over the returning prodigal…

"Come on, dear brother, since the war is past, For friends at first, are friends again at last."

So it was that Joseph, while willing to do almost anything―from taking up arms, to petitioning presidents, to launching a campaign of disinformation―to protect the revealed Restoration and the Latter-day Saints, repeatedly opened himself to abuse and worse because of his apparent inability or unwillingness to think the worst of someone in advance of the evidence. Joseph assumed that all men were as purely motivated as he was. “It takes a con to know a con,” and Joseph wasn’t a con. If he had been cynically exploiting others, he would have tended to ascribe his own base motives of deception and taking advantage to others, and probably would have been more cautious. But, he did not. Elder B.H. Roberts, a seventy and historian, noted years later that:

[Joseph Smith had] a too implicit trust in [men's] protestations of repentance when overtaken in their sins; a too great tenacity in friendship for men he had once taken into his confidence after they had been proven unworthy of the friendship.…

A prime example of this phenomenon is the case of John C. Bennett. Soon after Bennett's baptism in Nauvoo, Joseph received a letter reporting Bennett's abandonment of wife and children. Joseph knew from personal experience that "it is no uncommon thing for good men to be evil spoken against," and did nothing precipitous. The accusations against Bennett gained credence when Joseph learned of his attempts to persuade a young woman "that he intended to marry her." Joseph dispatched Hyrum Smith and William Law to make inquiries, and in early July 1841 he learned that Bennett had a wife and children living in the east. Non-LDS sources confirmed Bennett's infidelity: one noted that he "heard it from almost every person in town that [his wife] left him in consequence of his ill treatment of her home and his intimacy with other women." Another source reported that Bennett's wife "declared that she could no longer live with him…it would be the seventh family that he had parted during their union."

When confronted with the evidence privately, Bennett confessed and promised to reform. He did not, though Joseph did not make his sins public until nearly a year later.

Other examples of misplaced trust include George M. Hinckle, who sold Joseph out to the Missouri militia (resulting in his near-execution and his imprisonment in Liberty Jail) and William Law, who would help publish the Nauvoo Expositor, a newspaper which called for Joseph's death and contributed to the martyrdom.

To see citations to the critical sources for these claims, click here

Notes