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Joseph Smith, Jr. |
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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
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." [1] 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.
Interestingly, critics of Joseph Smith's time ignored the 1826 trial.
The attraction of this event for a later generation of critics, however, lies in the fact that:
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),[2] 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.' 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'...." [3]
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.
We have five records of the 1826 trial. And 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)
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.
We don't have the actual record that Miss Pearsall had, but the claimed trail of events leads as follows:
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.
We know that the supposed "court record" obtained by Miss Pearsall can't be a court record at all.
This is the reason that the people stated for why they were putting forth this information.
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.
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." [4]
Is it possible that the trial of Joseph Smith was just one of his first attempts to apply a "vigorous hand?"
The charge is listed in the various accounts as:
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.
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. [5]
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?
As far as the number of witnesses we have the following:
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.
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.
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." [6]
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.
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." [7]
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'" [8]
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.
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.
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:"
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.
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.
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.
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
Notes
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