| In May 1837, Grandison
Newell charges Joseph with attempted murder. Joseph is eventually acquitted,
but the testimony of church leaders and employees reveals how the seriously
the Prophet's followers took his offhand remarks—or did he mean it?
In either case, statements by two apostles and other close associates no
doubt undermined the Prophet's reputation, gave some Saints cause to leave
the church, and hastened the church's departure from Kirtland. |
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| Grandison
Newell |
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Among non-Mormons
of the Kirtland period, Joseph Smith's arch-enemy was Grandison Newell.
A prosperous farmer and businessman from Mentor, Newell later bragged he
spent $1,000 in court actions against Mormons in 1837. |
|
Sidney Rigdon,
190n48.
Newell had helped finance Doctor Hurlbut's 1833 trip to Palmyra to gather
netgative testimonies about the Smith's there. |
| Mentor
bank suit |
|
In February 1837
Samuel D. Rounds, acting on Newell's behalf, filed a complaint against
Joseph Smith and Sidney Rigdon for illegally purchasing the Monroe, Michigan
bank. State law provided that only corporations could own banks. The matter
was scheduled for the fall session of the court. |
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| Murder
conspiracy |
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Then
in May, Newell charged Joseph with attempted murder. According to Newell,
Joseph had conspired with Solomon Denton
and a Mr. Davis to murder him. In a letter to the editor of the Painesville
Telegraph he alleged, |
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In April 1838, Oliver
Cowdery was accused of complicity in a counterfeiting
ring with Davis,
John Boynton, Warren Parrish, and Burton H. Phelps. |
| Joseph's
assassins lay in wait with loaded weapons but changed their minds |
|
two of the
saints of the latter-day, by concert, and under the express direction
of the prophet, this high priest of Satan, met in the night, at a little
distance from my house, with loaded rifles, and pistols, with a determination
to kill me. But as they drew near the spot where the bloody deed was to
be performed, they trembled under the awful responsibility of committing
a murder, a little cool reflection in darkness and silence, broke the
spell of the false prophet—they were restored to their right minds,
and are now rejoicing that they were not left to the power of the devil
and co-adjuter Smith, to stain their souls with a crime so horrible. |
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"[Leonard
Rich] told me Jo Smith had a revelation that Grandison Newell must
be killed, and he was the man indicated to do it. Rich refused and
Jo engaged M. C. Davis, a gunsmith, who went on horseback and said
he saw Newell sitting with his back to a window reading a newspaper,
but could not shoot him. He told prophet Jo, Newell was not at home." "William
Rockafellow," Naked Truths, April 1888. Source |
Preliminary
hearing June 3
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The preliminary
hearing was held on June 3 in the Painesville Methodist church, Justice
Flint presiding. The witnesses were as follows: |
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"The Humbug Ended," Ohio
Statesman (Columbus), July 5, 1837 (reprint of Painesville
Republican, [June 15,
1837]. Source |
Prosecution
witnesses
|
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For the prosecution—Solomon
Denton, an alleged co-conspirator; Warren
Parrish, the Prophet's scribe
and treasurer of the Kirtland Safety Society Anti-Banking Company; and Luke
S. Johnson and Orson Hyde,
apostles. |
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| Defense
witnesses |
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Defense witnesses included Hyrum
Smith, Sidney Rigdon, and a Mr. Cahoun
[Cahoon]. |
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Denton: Joseph directed Davis and confirmed conspiracy |
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Denton and Davis had worked with
Joseph, Sidney, and Oliver Cowdery in the Kirtland printing office. Denton
testified that in April or May, Davis (otherwise unknown) approached him
about killing Newell at the Prophet's behest. After borrowing a pistol from
Sidney Rigdon, Joseph told Denton, "I know where you are going and
what your business is," and that
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| God's
will to put Newell out of the way |
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he had seen Davis and told him
I would be a good hand to go with him, said this was a good work, And
we must be very wise; then spoke of Newell, said he had injured the society,
and that it was better for one man to suffer than to have a whole community
disturbed; that it was the will of Heaven that Newell should be put out
of the way. |
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Hyde: Joseph said Newell should be put out of the way |
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Orson
Hyde testifies
that when rumors circulated that Newell might sue the foundering Kirtland
Safety Society, Joseph "seemed much excited and declared that Newell
should be put out of the way, or where the crows could not find him; he
said destroying Newell would be justifiable in the sight of God, that it
was the will of God, &c." |
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As
early as 1823 Orson Hyde worked for Newell in a small iron foundry.
¶ Orson Hyde (h) |
| Attests
to Joseph's character |
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However, he also
said that Joseph later apologized for using such language, he had "never
heard Smith use similar language before," and believed him to be "possessed
of much kindness and humanity towards his fellow beings." |
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Johnson: Joseph said Newell should be put out of the way if he led a mob
But he is tender-hearted and humane |
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Luke Johnson also heard him say "if
Newell or any other man should head a mob against him, they ought to be
put out of the way and it would be our duty to do so." Like his fellow
apostle, however, Luke described Joseph as "a tender-hearted, humane
man." |
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Parrish: Newell's name was mentioned at bank |
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Of all prosecution witnesses, Warren
Parrish is closest to Joseph. He surprises everyone by testifying only
that Newell's name had been mentioned several times at the bank. |
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| Parrish's
character |
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Moreover, when asked "whether
he knew anything 'in the character or conduct of Mr. Smith which is unworthy
his profession as a man of God,' he answered—"'I do not.'" |
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CHC,
1:405. |
| Possible
motivations |
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The Elder's Journal, edited
by the Prophet, later concludes Parrish was afraid he would be caught in
a lie. But it is also possible he was not ready to break with the Prophet
or feared retaliation. |
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¶
Argument to Argument |
Sidney:
Davis and Denton consped, but Joseph was not involved
Reynolds: Agree with Sidney |
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Sidney heard Denton and Davis planning
to murder Newell two years earlier, but he had no reason to believe Joseph
was involved, adding that Davis had "never been strictly subservient
to the rules of the society." Cahoun supports Rigdon's testimony. |
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| Hyrum:
Denton planned murder |
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Hyrum testifies he overheard Denton
discussing the plot and confronted him, but Denton denied it. |
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| Denton's
testimony insufficient |
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Denton's testimony is damaging but
legally insufficient. What Joseph allegedly told Davis was hearsay, and
Davis did not testify. What Joseph allegedly told Denton is uncorroborated
and vague enough to leave doubt as to Joseph's specific intent. Moreover,
Denton apparently failed to support Newell's assertion that he and Denton
took any significant action to commit the deed. |
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| $500
bond |
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Nevertheless, Judge Flint binds Joseph
over for trial. Bail is set at $500, which is promptly paid. |
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The next day, June 4, as Joseph,
Sidney, and Hyrum are setting apart Heber
C. Kimball for his mission to England, Orson Hyde enters
the room. |
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In
HC 2:489–490, Heber is set apart—in the next sentence
the act is referred to as "ordaining"—"on or about the
first of June, 1837 … by the … laying on of hands, of the First
Presidency. " However, in his diary Heber wrote he was set apart on
June 4. (qtd. in Heber (1981), 41. )
¶ Heber C. Kimball (h3) |
| Orson
repents, set apart for mission |
|
Upon listening to what was passing,
his heart melted within him, (for he had begun to drink of the cup filled
with the overflowings of speculation), he acknowledged all his faults,
asked forgiveness, and offered to accompany President Kimball on his mission
to England. His offer was accepted, and he was set apart for that purpose. |
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More might have been
required if Orson had borne false witness against the Prophet.
More likely his "fault" was in testifying for the prosecution,
even though his testimony was truthful, or at least true to his recollection;
his "speculation," that of misjudging the Prophet's intentions. |
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| Trial
June 9 |
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In any case, the trial is held June
9 in the county court, Justice Humphrey of the Court of Common Pleas presiding.
The result is, according to a newspaper reporter, |
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Thirteenth
prosecution
Not guilty in all cases
Persecution |
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the entire acquittal of Joseph
Smith, Jr. of the charges alleged against him. This is said to be the
thirteenth prosecution which has been instituted against Joseph Smith,
Jr. for the prejudice against him, he has never in a single instance been
convicted, on a final trial. This fact shows on the one hand, that a spirit
of persecution has existed, and on the other hand it certainly furnishes
some evidence that he has for some reason, been falsely accused, and that
he is indeed and in truth better than some of his accusers. |
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| Weak
evidence |
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I attend the trial and took down
the evidence, but was much surprised to find that no testimony appeared,
on which, any reliance could be placed, that went in the least degree
to crimination the respondent, but rather to raise him in the estimation
of men and candor. |
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Ohio Opposition
Kirtland 1837
Ohio
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