Joseph Smith's 1826 Conviction
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STATE OF NEW YORK v.
JOSEPH SMITH
Warrant issued upon
written complaint upon oath of Peter G. Bridgeman,
who informed that one Joseph Smith of Bainbridge was a disorderly
person and an imposter. Prisoner brought before Court March 20, 1826.
Prisoner examined:
says that he came from the town of Palmyra, and had
been at the house of Josiah Stowel in Bainbridge most of time since;
had small part of time been employed in looking for mines, but the
major part had been employed by said Stowel on his farm, and going to
school. That he had a certain stone which he had occasionally look at
to determine where hidden treasures in the bowels of the earth were;
that he professed to tell in this manner where gold mines were at a
distance under ground, and had looked for Mr. Stowel several times, and
had informed him where he could find these treasures, and Mr. Stowel
had been engaged in digging for them. That at Palmyra he pretended to
tell by looking at this stone where coined money was buried in
Pennsylvania and while at Palmyra had frequently ascertained in that
way where lost property was of various kinds; that he had occasionally
been in the habit of looking through this stone to find lost property
for three years, but of late had pretty much given it up on account of
its injuring his health, especially his eyes, making them sore; that he
did not solicit business of this kind, and had always declined having
anything to do with this business.
Josiah Stowel sworn:
says that prisoner had been at his house something
like five months; had been employed by him to work on farm part of
time; that he pretended to have skill of telling where hidden treasures
in the earth were by means of looking through a certain stone; that
prisoner had looked for him sometimes; once to tell him about money
buried in Bend Mountain in Pennsylvania, once for gold on Monument
Hill, and once for a salt spring; and that he positively knew that the
prisoner could tell, and did possess the art of seeing those valuable
treasures through the medium of said stone; that he found the [word
illegible] at Bend and Monument Hill as prisoner represented it; that
prisoner had looked through said stone for Deacon Attleton for a mine,
did not exactly find it but got a p- [word unfinished] of ore which
resembled gold, he thinks; that prisoner had told by means of this
stone where a Mr. Bacon had buried money; that he and prisoner had been
in search of it; that prisoner had said it was in a certain root of a
stump five feet from the surface of the earth, and with it would be
found a tail feather; that said Stowel and prisoner thereupon commenced
digging, found a tail feather, but money was gone; that he supposed the
money moved down. That prisoner did offer his services; that he never
deceived him; that prisoner looked through stone and described Josiah
Stowel’s house and outhouses, while at Palmyra at Simpson Stowel’s,
correctly; that he had told about a painted tree, with a man’s head
painted upon it, by means of said stone. That he had been in company
with prisoner digging for gold, and had the most implicit faith in
prisoner’s skill.
Arad Stowel sworn:
says that he went to see whether prisoner could
convince him that he possessed the skill he professed to have, upon
which prisoner laid a book upon a white cloth, and proposed looking
through another stone which was white and transparent, hold the stone
to the candle, turn his head to look, and read. The deception appeared
so palpable that witness went off disgusted.
McMaster sworn: says
he went with Arad Stowel, and likewise came away
disgusted. Prisoner pretended to him that he could discover objects at
a distance by holding this white stone to the sun or candle; that
prisoner rather declined looking into a hat at his dark colored stone,
as he said that it hurt his eyes.
Jonathon Thompson:
says that prisoner was requested to look for chest
of money; did look, and pretended to know where it was; and prisoner,
Thompson and Yeomans went in search of it; that Smith arrived at spot
first; was at night; that Smith looked in hat while there, and when
very dark, and told how the chest was situated. After digging several
feet, struck something sounding like a board or plant. Prisoner would
not look again, pretending that he was alarmed on account of the
circumstances relating to the trunk being buried [which] came all fresh
to his mind. That the last time he looked he discovered distinctly the
two Indians who buried the trunk, that a quarrel ensued between them,
and that one of said Indians was killed by the other, and thrown into
the hold beside the trunk, to guard it, as he supposed. Thompson says
that he believes in the prisoner’s professed skill; that the board he
struck his spade upon was probably the chest, but on account of an
enchantment the trunk kept settling away from under them when digging;
that notwithstanding they continued constantly removing the dirt, yet
the trunk kept about the same distance from them. Says prisoner said
that it appeared to him that salt might be found at Bainbridge, and
that he is certain that prisoner can divine things by means of said
stone. That as evidence of the fact prisoner looked into his hat to
tell him about some money witness lost sixteen years ago, and that he
described the amn the witness supposed had taken it, and the
disposition of the money: And therefore the Court find the Defendant
guilty.
-
Joseph Smith’s 1826 court transcript; see Abanes, One
Nation Under Gods,
p. 501
"From the point of
view of Mormon history, it is immaterial what the
finding of the court was on the technical charge of being 'a disorderly
person and an imposter;' what is important is the evidence adduced, and
its bearing on the life of Joseph Smith before he announced his claim
to be a prophet of God."
- Dale L. Morgan,
Mormon scholar, see John Phillip Walker, ed., Dale
Morgan on Early Mormonism: Correspondence and A New History, 1986,
p. 373n44
“In [March] 1826
Joseph Smith was 21 [20] and at this point was midway
between the FIRST VISION and 1830 [BoM publication]. What a strange
time to be convicted of fraud – fraudulently getting money after
convincing the victim that he could detect the whereabouts of hidden
treasure on the victim’s land. Wow.... It is as genuine and sound as
can be – published right in Joseph Smith’s own camp.”
-
Thomas Ferguson to James Boyack, March 13, 1971;
see Mormon
Mavericks: Essays on Dissenters, pp. 261-262