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Minutes of October 29, 1835
William Smith accuses David and Mary Cahoon Elliot of whipping, beating, and threatening to kill their fifteen-year-old daughter. Joseph decides the parents should have raised her better. They promise to do better and are restored to fellowship.
 
 
Date   October 29, 1835   Kirtland council, 127–129.
Location   Kirtland, Ohio.    
Description   … a High Council was called at E. Bosleys for the purpose of trying certain cases.   Edmund Bosley (1776–1846) moved from New York to Kirtland in 1833. Living in Missouri by 1838. Moved to Illinois in 1839. Died at Winter Quarters. Papers 2:528–529.
[Presiding]   [Oliver Cowdery]  
Clerk   Orson Hyde  
Present   David W. Patten (h)
Brigham Young
John F. Boynton (h)
Joseph Coe
Lyman Sherman
James Emmett
John Smith
Wm. E. McLellin
Orson Hyde
Simeon Carter
Alpheus Cutler
Selah J. Griffin
  Original: Emmitt, S. J. Griffin

This council consists of five apostles (David, Brigham, John F. Boynton, William, and Orson), one of the seven presidents of the Seventy (Lyman), and six high priests (Joseph Coe, James, John Smith, Simeon, Alpheus, and Selah).
Open   After the council had taken their seats according to their respective numbers President O. Cowdery opened the council by prayer.   procedure: take a number, sit.
Charge parents with whipping child   William Smith charges David Elliott and his wife for whipping and beating their daughter.   David Elliott (1799–1855) of Ithaca, New York, baptized 1831 and married Mary Cahoon (sister of Reynolds Cahoon) the same year. Zion's Camp, First Quorum of Seventy. Moved to Zion with the Kirtland Camp, 1838. Then to Springfield, Illinois. Died in Salt Lake City.

Aaron Lyon (1781–1839) died in Hancock County, Illinois.
Speakers   Counselors David W. Patten and Brigham Young speak on one side; John Smith and William E. McLellin on the other. Prosecution witnesses are Aaron C. Lyon and his wife, Roxana.  
15-year-old girl comes for help   Aaron C. Lyon: about ten days ago, the fifteen-year-old Elliott girl came to his house, complaining that:  
Abused by father, considers suicide   her father had abused her, and whipped her & that some marks were found upon her arms, body &c. then she had been whipped. This circumstance took place about ten days since. … she said she would, or had a mind to make away with herself, hang herself (or something of the kind) to get rid of her trouble and affliction.    
Mother threatens to kill her   Roxana Lyon: corroborates her husband's testimony and adds that "Mrs. Elliott threatened to take the broomstick and kill her."    
Suicide attempt   Sister Osgood: three years ago, as she was leaving the Elliott home, the girl said, "I know how I shall fare when you leave I shall run away or destroy myself." She went down into the well to drown herself but Sister Osgood prevented her.    
Public knowledge in Chagrin   Erastus Babbitt: the people of Chagrin, where the incident took place, were very agitated about it; and "it was a topic of public conversation."    
Joseph: girl to blame   Joseph Smith: talked to the girl and her parents at their house in Chagrin "… he was satisfied that the girl was in the fault, and that the neighbors were trying to create a difficulty."   Joseph: "I was then called to appear before the high Council which was [11] Setting to give my testimony in an action against Br.. David Eliot[t] for whiping his Daughter unreasonably my testimony was in his favour." Diary-2, 10–11 // PWJS, 95.
Grandfather: girl lies, never saw her abused   Brother Elliott's father: she is "refractory and stubborn, and would sometimes vary from the truth and had never seen brother or Sister Elliot[t] abuse her."  
All sides heard   The counselors, accuser, and accused speak.  
Presidency renders decision   "The Presidents" render a decision: the complaint is    
Father brought disgrace

Child shouldn't need the rod at 15
  not without foundation, Yet the charge had not been fully sustained, but he has acted injudiciously and brought a disgrace upon himself, upon his daughter & upon this Church, because he ought to have trained his child in a way, that she should not have required the rod at the age of 15 years.    
Evening session   Council adjourns and re-convenes at candle-light. Hezekiah Fisk replaces Alpheus Cutler and Almon Babbit substitutes for Joseph Coe.   Joseph, Emma, and "others" of the household arrive after the session begins. "I was solicited to take a seat with the presidency and preside in a case of Sister Eliots I did so my Mother was called as testimony and began to relate circumstances that had been brought before the church and settled," so Joseph objects. William jumps up, accusing Joseph of "invalidating or doubting" their mother's testimony. Joseph tells him he is out of order and tells him to sit down. William refuses. Joseph repeats his "request" and William is "enraged." Joseph orders him to sit down and William refuses, daring Joseph to knock him down. Joseph, "agitated," is ready to leave, but their father intercedes. Joseph remains and the council resumes its business. Diary-2, 12 // PWJS, 96–97.
Mother accused   [129] William Smith accuses Mary Elliott of abusing her daughter and the rest of her children.  
Difficult case (6 counselors)   Six counselors are appointed to speak.  
Sister Elliot confesses, is forgiven   Testimony of Sister Childs was that she lived in the house with Sister Elliott confessed her wrong, and promised to do so no more consequently the council forgave her.  
Brother Elliott confesses, is forgiven, both restored   Brother Elliott confesses and is forgiven "and he and his wife were restored to fellowship."  
Close   Prayer by Sidney Rigdon.  
   
Minutes of November 12, 1835
Minutes of October 5, 1835
Ohio Minutes




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