Joseph Smith and Fraud Allegations

Was Joseph Smith convicted of fraud, money digging, or anything similar?

Possibly. Joseph Smith[BIO] appeared in court several times[1] for being a "glass looker" and a "disorderly person."[2] There are contradictory reports published about the results of an 1826 court appearance,[3] but incidents in 1829 and 1830 were dismissed.[4]

A yellowed document with brown handwriting for an examination fee bill by Judge Albert Neely for a misdemeanor against Joseph Smith The Glass Looker for a total of $2.68. — Judge Neely's 1826 bill for a misdemeanor charge against 'Joseph Smith The Glass Looker,' with an examination fee of $2.68.

What were the allegations against Joseph related to fraud?

Date	Outcome	Charges
March 1826	Unclear	Being a "glass looker" and a "disorderly person" in an attempt to defraud Josiah Stowell,[BIO] his former employer.[5]
March 1829	Dismissed	Attempting to defraud Martin Harris.[BIO][6]
Summer 1830	Dismissed	Being a "disorderly person" for pretending to find hidden treasures by means of a stone.[7]

Events related to the 1826 and 1830 fraud-related judicial proceedings against Joseph Smith

November 1825

Josiah Stowell[BIO] hires Joseph Smith[BIO] to locate a silver mine due to Joseph's reputation of being able to find things "that could not be seen by the natural eye" by means of his seer stone.[8]

March 20, 1826

Joseph is accused of "glass looking"[9] and being a "disorderly person."[10] Historical documentation of the outcome is contradictory (see table below).[11]

March 1829

According to Lucy Mack Smith,[BIO] Lucy Harris[BIO] complains to a magistrate in Lyons, New York against Joseph Smith for defrauding Martin Harris,[BIO] but the charge is dismissed.[12]

Summer 1830

Joseph Smith is charged with being a "disorderly person" in one or possibly two cases[13] and is acquitted.[14]

1834

Doctor Philastus Hurlbut[BIO] collects various statements from neighbors of the Smith family, some of which recount how Joseph Smith was a "money digger."[15] There is no mention of a conviction in these reports.

July 1838

Joseph Smith addresses the charge of his having been a "money digger" in the Latter-day Saint periodical, Elders' Journal, saying that he was a money digger, but it was "never very profitable."[16]

1838–39

Joseph Smith composes his history, which mentions working for Josiah Stowell.[17]

June 27, 1844

Joseph Smith is killed in Carthage Jail, Illinois, alongside his brother Hyrum.[BIO][18]

29 years pass.

February 1873

Fraser's Magazine publishes a reprint of what it purports to be Judge Neely's court notes[19] from an 1826 trial of Joseph Smith, indicating he was found guilty of being a "disorderly person."[20]

May 1877

William D. Purple,[BIO] a critic of the Church who reportedly attended the hearing in 1826, publishes his account in the Chenango Union newspaper noting that Joseph was "discharged" and allowed to leave.[21]

1888

Arthur B. Deming[BIO] collects statements from neighbors of the Smith family, which appear in Naked Truths About Mormonism, accusing him of deception and money digging.[22]

Expand Timeline

What is money digging or glass looking, and was it illegal?

"Money digging" involved looking for hidden treasure, while "glass looking" was the use of an object (e.g., a seer stone) to find lost treasure.[23] It was a common practice,[24] although it was often mocked as superstitious.[25] It would be considered illegal if one were suspected of defrauding another party,[26] which was the case with the allegations made against Joseph Smith in his March 1826 hearing.[27]

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97 Primary Sources

Footnotes

BIOJoseph Smith, Jr.
Joseph Smith (1805–1844) organized The Church of Jesus Christ of Latter-day Saints. Born in Sharon, Vermont, he began to experience visions of deity and angels at a young age. One vision featured the Angel Moroni, who revealed the location of gold plates with an account of ancient Americans. He translated this record and published it as The Book of Mormon. He continued to receive revelations throughout his life which serve as the foundation for the Church's doctrine today. He led the Latter-day Saints across the country from New York to Illinois. In 1844, he was martyred while awaiting trial in Carthage, Illinois.
BIOJosiah Stowell
Josiah Stowell (1770–1844) was born and raised a member of the Presbyterian Church. In 1825, he hired Joseph Smith to dig for Spanish silver in Harmony, Susquehanna County, Pennsylvania. He was a witness to Joseph Smith's court proceedings in South Bainbridge in 1826 and 1830. He was present at the Smith home when Joseph Smith arrived with the gold plates in 1829. He would later be baptized a member of the Church ca. 1830.
BIOMartin Harris
Martin Harris (1783–1875) was an early Latter-day Saint leader. He married his first cousin Lucy Harris, on March 27, 1808, in Palmyra. Harris served in War of 1812 in the New York Militia. His contributions to Church history include serving Joseph Smith as a scribe from April to June 1828. He was one of the Three Witnesses of the Book of Mormon and was baptized on April 6, 1830. He was excommunicated in December 1837 and subsequently became a member of the high council of James J. Strang's Church of Jesus Christ of Latter-Day Saints. Harris later joined William C. McLellin's movement in 1847. He migrated to Salt Lake Valley in 1870, where he was rebaptized.
BIOLucy Mack Smith
Lucy Mack Smith (1775–1856) was the mother of Joseph Smith, Jr. Born and raised in New Hampshire, she married Joseph Smith, Sr. in 1796. A faithful Presbyterian and a committed Seeker, Smith believed her son's claims to visions. She stayed with the Latter-day Saints throughout her life until Nauvoo, when age prohibited her from traveling with the Saints to the Intermountain West. She composed and dictated the most thorough history of Joseph Smith's early life, which became The History of Joseph Smith By His Mother, transcribed by scribe Martha Coray.
BIOLucy Harris
Lucy Harris (May 1, 1792–Summer 1836) was born in Swift's Landing, Ontario County, New York to Rufus Harris and Lucy Hill. She associated with the Quakers (Society of Friends). She married her cousin Martin Harris, who would later be one of the Three Witnesses, on March 27, 1808. She was one of the five people to whom Martin Harris was granted permission by Joseph Smith to show 116 pages of the Book of Mormon translation. She separated from Martin sometime after June 1830 and died in the summer of 1836 in Palmyra, New York.
BIODoctor Philastus Hurlbut
Doctor Philastus Hurlbut (February 3, 1809–June 16, 1883), was an early Church member and critic. Hurlbut was born in Vermont and given Doctor as a first name. Hurlbut became a Methodist Episcopal preacher in New York, was baptized in the church sometime between 1832 and 1833, and ordained an elder by Sidney Rigdon in 1833. Later that year he was excommunicated. In 1834, Eber D. Howe published information that Hurlbut collected about Joseph Smith and his family in Mormonism Unvailed. Hurlbut and Howe also claimed that Smith and Rigdon had based the Book of Mormon on Solomon Spaulding's lost manuscript. Hurlbut was ordained an elder in the Salem United Brethren Church of Gibsonburg, but was later suspended from the ministry.
BIOHyrum Smith
Hyrum Smith (1800–1844) was born in Tunbridge, Vermont. He was the older brother of Joseph Smith, who organized the Church of Jesus Christ of Latter-day Saints, and served as the Church's second patriarch. He was one of the Eight Witnesses to the Book of Mormon. In 1837, he became Second Counselor in the First Presidency, and the following year, he was imprisoned alongside Joseph Smith in Liberty Jail. Hyrum Smith became the Church's new patriarch in 1841 after the death of his father, Joseph Smith, Sr., in Nauvoo. Hyrum also served as a member of the City Council, the Nauvoo Legion, and the Council of Fifty. He was martyred along with Joseph Smith in Carthage Jail in 1844.
BIOWilliam D. Purple
William D. Purple (April 6, 1802–1886) was born in Burlington, Otsego County, New York. Purple studied medicine with Dr. Charles Josslyn from 1820 to 1824. He was initiated as a Freemason in 1825 in Bainbridge. He took the notes at the hearing involving Joseph Smith in March 1826 in Chenango County which he would later publish as "Joseph Smith, the Originator of Mormonism" in 1877. He would later serve as Secretary of the Methodist Episcopal Church at its organization on September 29, 1832, in McDonough Village, Chenango County, New York; President of Chenango County Medical Society, 1838–1839; and Postmaster in Greene, New York 1853–1861. He was buried in Greene in 1886.
BIOArthur B. Deming
Arthur Buel Deming (1838- ?) was born in Ohio. In August of 1844 Deming's father, Miner (Minor), was elected sheriff of Hancock County, Illinois with the support of the Mormon vote in Nauvoo. Because Miner Deming arrested suspects in the murder of Joseph and Hyrum Smith, he was harassed by anti-Mormons. When his father died from heat stroke in 1845, Deming blamed Latter-day Saints for his father's death. By 1860, Deming had moved to New York, and later, to California, where he became known as an Anglo-Saxon supremacist, apocalyptic visionary, and charcoal rheumatoid arthritis medicinal healer. In 1888, he published a short-lived periodical, Naked Truths About Mormonism, that included testimonies from several early critics of the faith. There is no clear date or location of his death.
BIOAbram W. Benton
Abram Willard Benton (1805–1867) was a doctor who was born in New York. He practiced medicine in Chenango County, New York. Benton wrote an editorial in 1831 that accused Joseph Smith of being a fraud and glass-looker. In 1837, Benton moved to Illinois where he served in various civic roles. Benton died in Fulton, Illinois.
BIOJoel King Noble
Joel King Noble (1789-1874) was a justice of the peace in Colesville, New York, who presided over a July 1830 trial of Joseph Smith. He wrote a letter addressed to Jonathan B. Turner, March 8, 1842, where he offered his reminiscences of the 1826 hearing.
BIOJonathan Baldwin Turner
John Baldwin Turner (December 7, 1805 – January 10, 1899) Born in Templeton, Massachusetts. In 1833 he became a professor of Illinois College in Jacksonville, Illinois. He was the editor of an abolitionist newspaper and an assistant with the underground railroad. In 1836, he helped organize the Illinois State Teacher's Association. In 1848, Turner advocated free public schools and the establishment of normal schools for training teachers. After resigning as professor at Illinois College in 1848, he devoted his time to agricultural experiments as well as being campaigning for the rights of mentally ill people.
BIOCharles Marshall
Charles Marshall was a British journalist who visited Utah in 1872. During his time in Utah, he received permission from Emily Pearsall to copy the "original papers" the "Judicial proceedings" of her uncle, Justice Albert Neely. This would be published in England as "The Original Prophet: By a Visitor to Salt Lake City" in Fraser's Magazine, February, 1873.
BIOJoseph Smith, Sr.
Joseph Smith, Sr. (1771–1840) was born in Topsfield, Essex County, Massachussetts, to Asael Smith and Mary Duty. He married Lucy Mack Smith in 1796. He was the father of Joseph Smith, Jr. He was one of the eight witnesses of the Book of Mormon and served as the first Patriarch of the Church. He died in Nauvoo, Illinois.
BIOHorace Stowell
Horace Stowell (1796–1858), was born in New York. Stowell was a nephew of Josiah Stowell and served as a witness in the 1826 trial of Joseph Smith. According to Horace Stowell, Joseph pretended to tell where a chest of dollars was buried in Windsor.
BIOArad Stowell
Arad Stowell (1783–1868) was born in Bainbridge, New York. Stowell was a farmer and a deacon in the First Presbyterian Church. Stowell was also a distant relation of Josiah Stowell. Arad Stowell was a witness in the 1826 trial of Joseph Smith. He claimed that Joseph pretended to read a book covered by a white cloth by means of a white and transparent stone.
BIOJonathan Thompson
Jonathan Thompson was a witness for the prosecution in the June 1830 trial of Joseph Smith. He stated that he attended treasure hunts at night with Josiah Stowell and Joseph Smith and that Joseph, at one time, pretended to know where to look for a chest of money.
BIOMr. McMaster
Mr. McMaster was a witness in the 1826 trial of Joseph Smith. No given name is provided in any of the accounts.
BIOAddison Austin
Addison Austin was a witness for the prosecution in the July 1, 1830 Trial of Joseph Smith Held in South Bainbridge, New York. According to Austin, when he asked Joseph Smith if he truly could see hidden treasures, he replied that, "to be candid, between you and me, I cannot, any more than you or any body else; but any way to get a living.”
BIOAlbert Neely
Albert Neely (c. 1798-1857), was born in New York. Neely served in various civil and ecclesiastical roles in South Bainbridge, New York. Neely was the justice of the peace who presided over the 1826 trial of Joseph Smith. Neely later moved from New York to Illinois. He died in Chicago.
BIOPhilip M. De Zeng
Philip Mark de Zeng (November 16, 1790-March 15, 1862) was a constable born in Kingston, Ulster County, New York. He served the warrants on Joseph Smith for his March 1826 trial. He died in Clyde, Wayne County, New York.
BIOJoseph Chamberlain
Joseph P. Chamberlain was a sheriff and justice of the peace in Chenango County, New York. In 1830, he presided over a trial for Joseph Smith in South Bainbridge.
BIOJoseph Knight, Sr.
Joseph Knight Sr. (1772-1847) first met Joseph Smith when Joseph was working for Josiah Stowell. Knight subsequently hired Joseph to work for him, and assisted Joseph in his courting of Emma Hale by lending him his sled. The Smiths borrowed Knight's wagon when they picked up the golden plates from the Hill Cumorah. He was baptized June 28, 1830. While in Nauvoo, he became a member of the Nauvoo Masonic Lodge. Knight left Nauvoo with his family in 1846 and journeyed with the pioneers. He died on the trek west at Mount Pisgah, Iowa.
BIOJames Davidson
James Davidson (c. 1779–June 9, 1847), was a farmer in Chenango County, New York. His wife was named Betsey. In June of 1830, Davidson helped defend Joseph Smith in court. Davidson died in Bainbridge in 1847.
BIOJohn S. Reed
John Savage Reed (1784–1878) was a nineteenth-century attorney. His name was sometimes spelled "Reid." Reed was born in Massachusetts and fought in the War of 1812. He moved to New York in 1823. He defended Joseph Smith in court in 1826, although he was not a Latter-day Saint. Reed traveled to Nauvoo in May 1844 as a delegate supporting Joseph Smith for president. Later in his life, he would move to Mexico, Oswego County, New York, and married his third wife, Mercy Foster, by 1855. He is buried in Three Mile Creek Cemetery, Clayton, Jefferson County, New York.
BIONewel Knight
Newel Knight (September 13, 1800–January 11, 1847), was an early Latter-day Saint. He was born in Marlborough, Vermont and his father, Joseph Knight, Sr., was an early associate of Joseph Smith. In 1830, Knight was possessed by a demon, which was then exorcised by Joseph Smith. Knight was baptized that year and served as president of the Colesville Branch. In 1831, he led the branch to Ohio, was ordained an elder, and was sent to Missouri. In 1834, his wife died after they were forced to move due to persecution. In Nauvoo, Knight again served on the high council. In 1847, Knight died of illness in Nebraska on the journey west.
BIOWilliam Seymour
William Seymour (ca. 1780-December 28, 1848) was a lawyer, justice of the peace, judge, and politician. He was born in Connecticut. He was admitted to the bar in 1806. He served as justice of the peace at Windsor from 1812 to 1828 and later as Judge of Broom County Court of Common Pleas, 1833-1835 and 1837-1847. He would later serve as a member of the U.S. House of Representatives from 1835 to 1837. He died in Binghamton.
[1]↩︎
On March 20, 1826, Joseph was accused of "glass looking" and being a "disorderly person." The complaint was heard by Judge Albert Neely.
According to Lucy Mack Smith, Lucy Harris complained to a magistrate in Lyons, New York, against Joseph Smith for defrauding Martin Harris, but the charge was dismissed in March of 1829. Lucy's memoirs are the only source for this event.
In the summer of 1830, Joseph was charged with being a "disorderly person" in one or possibly two cases.
[2]↩︎
According to Van Ness and Woodworth, Laws of the State of New-York (1813), disorderly conduct or a disorderly person is defined as "pretending . . . to discover where lost goods may be found . . . 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."
- William P. Van Ness and John Woodworth provide the legal definition of "disorderly conduct" based on 1813 New York Law.
[3]↩︎
A contemporary account from March 1831 by Abram W. Benton reported that Joseph was "condemned" but released:
At length the public, becoming wearied with the base imposition which [Joseph] was palming upon the credulity of the ignorant, for the purpose of sponging his living from their earnings, had him arrested as a disorderly person, tried and condemned before a court or Justice. But, considering his youth, (he then being a minor,) and thinking he might reform his conduct, he was designedly allowed to escape.
In a later source, William D. Purple, a critic of the Church, wrote that Joseph was discharged. In his reminiscences published in 1877, Purple tied Joseph's being discharged with the claim that "the testimony of Deacon Stowell [could not] be impeached" by the court.
And in the version published by Fraser's Magazine (February 1873), on the charge of being a "a disorderly person and an impostor," Joseph Smith was found "guilty" by Judge Neely.
[4]↩︎
According to Lucy Mack Smith, Lucy Harris complained to a magistrate in Lyons, New York, against Joseph Smith for defrauding Martin Harris, but Joseph was found "not guilty." Lucy's memoirs are the only source for this event. In her memoirs, she recounted how, after hearing the testimony of Martin Harris, the judge told the prosecution:
They need not call any more of their witnesses but to bring that which had been recorded of the testimony that had been given. This he tore in pieces before their eyes and told them to go home about their [business] and trouble him no more with such ridiculous folly. They returned home abashed and confounded hanging down their heads with shame and confusion.
In the November 7, 1832, issue of the New England Christian Herald, Judge Joel K. Noble wrote that Joseph was brought before him on a charge "that he, the said Joseph Smith, Jr., had been guilty of a breach of the peace, against the good people of the state of New York, by looking through a certain stone to find hid treasures, &c., within the Statute of Limitation."
Reports of the 1830 hearings all agree that Joseph Smith was not charged with any crime. In the same article in the New England Christian Herald, Judge Noble wrote:
Joseph Smith, jr., was discharged; he had not looked in the glass for two years to find money, &c.
- Lucy Mack Smith recounts Lucy Harris's attempt to bring legal action against Joseph for purportedly defrauding Martin Harris in March 1829.
- New England Christian Herald prints article discussing Joseph Smith's June 1830 trial.
[5]↩︎
The relevant statute that would apply in this instance would be where a "disorderly person" was accused of "pretending . . . to discover where lost goods may be found . . . 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."
In his March 1831 "Mormonites," Abram W. Benton wrote:
Josiah Stowell, together with others, spent large sums of money in digging for hidden money, which this Smith pretended he could see, and told them where to dig; but they never found their treasure. At length the public, becoming wearied with the base imposition which he was palming upon the credulity of the ignorant, for the purpose of sponging his living from their earnings, had him arrested as a disorderly person, tried and condemned before a court or Justice.
The charge of being a "disorderly person" was corroborated by Oliver Cowdery, Charles Marshall, and Daniel S. Tuttle.
[6]↩︎
According to Lucy Mack Smith, Lucy Harris complained to a magistrate in Lyons, New York, against Joseph Smith for defrauding Martin Harris, but Joseph would be found "not guilty." Lucy's memoirs are the only source for this event. In her memoirs, she recounted how, after hearing the testimony of Martin Harris, the judge told the prosecution:
They need not call any more of their witnesses but to bring that which had been recorded of the testimony that had been given. This he tore in pieces before their eyes and told them to go home about their [business] and trouble him no more with such ridiculous folly. They returned home abashed and confounded hanging down their heads with shame and confusion.
- Lucy Mack Smith recounts Lucy Harris's attempt to bring legal action against Joseph for purportedly defrauding Martin Harris in March 1829.
[7]↩︎
In the November 7, 1832, issue of the New England Christian Herald, Judge Joel K. Noble wrote that Joseph was brought before him on a charge "that he, the said Joseph Smith, Jr., had been guilty of a breach of the peace, against the good people of the state of New York, by looking through a certain stone to find hid treasures, &c., within the Statute of Limitation."
Reports of the 1830 hearings all agree that Joseph Smith was not charged with any crime. In the same article in the New England Christian Herald, Judge Noble wrote:
Joseph Smith, jr., was discharged; he had not looked in the glass for two years to find money, &c.
John S. Reed, a non-Latter-day Saint who represented Joseph at the hearings, recalled in June 1844:
The court arraigned the prisoner and said: "Mr. Smith, we have had your case under consideration, examined the testimony and find nothing to condemn you, and therefore you are discharged."
- New England Christian Herald prints article discussing Joseph Smith's June 1830 trial.
- John S. Reed, who served as a legal representative for Joseph Smith, recounts events leading up to the 1830 trials, and trials themselves.
[8]↩︎
In his 1838 history, Joseph Smith recounted how Josiah Stowell
had heard something of a silver mine having been opened by the Spaniards in Harmony, Susquahanah County, State of Pensylvania, and had previous to my hiring with him been digging in order if possible to discover the mine. After I went to live with <him> he took me among the rest of his hands to dig for the silver mine, at which I continued to work for nearly a month without success in our undertaking, and finally I prevailed with the old gentleman to cease digging after it. Hence arose the very prevalent story of my have <having> been a money digger.
In her memoirs, Lucy Mack Smith recalled how Stowell employed
Joseph to assist him in digging for a silver mine. He came for Joseph from having heard, that he was in possession of certain means, by which he could discern things, ~~which~~ that could not be seen by the natural eye.
According to critic Abram W. Benton, it was reported that Joseph
commenced his juggling by stealing and hiding property belonging to his neighbors, and when inquiry was made, he would look in his stone, (his gift and power) and tell where it was.
[9]↩︎
In the fee bill for Albert Neely, Joseph Smith was referred to as "The Glass looker."
- Judge Neely's fee bill for Joseph's 1826 hearing (written in November 1826).
[10]↩︎
In his March 1831 "Mormonites," Abram W. Benton wrote:
Josiah Stowell, together with others, spent large sums of money in digging for hidden money, which this Smith pretended he could see, and told them where to dig; but they never found their treasure. At length the public, becoming wearied with the base imposition which he was palming upon the credulity of the ignorant, for the purpose of sponging his living from their earnings, had him arrested as a disorderly person, tried and condemned before a court or Justice.
The charge of being a "disorderly person" would be repeated by Oliver Cowdery, Charles Marshall, and Daniel S. Tuttle.
[11]↩︎
The Benton account is the earliest account and is written by a critical source, but it is not any more specific than saying that Joseph was "condemned" but "designedly allowed to escape."
The Cowdery account is the next earliest account, although it is still nearly a decade later. It is positively biased toward Joseph, but it specifically indicates an acquittal.
The Noble statements are over 15 years later and may be hearsay, as it is unclear if Noble was present for the trial, but it does agree with the earliest account from Benton.
The Marshall account purports to be an actual transcript of a guilty verdict, with an anonymous, but plausible provenance, assuming the source was Emily Pearsall, niece of Judge Neely. However, the account is over 45 years late, from a critical source, and the original record was never produced.
And finally, the Purple account is over 55 years late, and simply states the "prisoner was discharged." The source is critical but claims to have been an eyewitness to the hearing.
[12]↩︎
Lucy Mack Smith's memoirs are the only source for this event. In her memoirs, she recounted how, after hearing the testimony of Martin Harris, the judge told the prosecution "they need not call any more of their witnesses but to bring that which had been recorded of the testimony that had been given."
She added:
This he tore in pieces before their eyes and told them to go home about their [business] and trouble him no more with such ridiculous folly. They returned home abashed and confounded hanging down their heads with shame and confusion.
- Lucy Mack Smith recounts Lucy Harris's attempt to bring legal action against Joseph for purportedly defrauding Martin Harris in March 1829.
[13]↩︎
In a late letter dated January 16, 1882 to Joseph F. Smith, Addison Everett wrote how Joseph and Oliver Cowdery, around the period when they were translating the Book of Mormon (c. May 1829), were "taken with <a> writ and Before a Judge as fals Prophets" and that the charges were dismissed.
His recollection also mentions "a Lawyer By the Name of Reede" who instructed Joseph and Oliver "to flee in the forst whcih was close at hand" to avoid the mob who was waiting for them outside after the case was dismissed.
There is no other report of an attempt to charge Joseph and Oliver in May 1829, and the reference to "Reede" (as in John S. Reed, who defended Joseph Smith in his 1830 hearing) indicates that Everett is likely referring to the 1830 hearing.
The second case may have been in 1829, but the documentary history suggests that Joseph was only charged with a single case in 1829-1830 (the June 1830 case) and that Addison Everett is misremembering.
- Addisson Everett recounts to Joseph F. Smith a time when Joseph Smith was taken before a judge for being a "false prophet".
[14]↩︎
In the November 7, 1832 issue of the New England Christian Herald, Judge Joel K. Noble wrote that Joseph was brought before him
on a charge "that he, the said Joseph Smith, Jr., had been guilty of a breach of the peace, against the good people of the state of New York, by looking through a certain stone to find hid treasures, &c., within the Statute of Limitation.
Reports of the 1830 hearings all agree that Joseph Smith was not charged with any crime. In the same article in the New England Christian Herald, Judge Noble wrote that
Joseph Smith, jr., was discharged; he had not looked in the glass for two years to find money, &c
John S. Reed, a non-Latter-day Saint who represented Joseph at the hearings, recalled in June 1844 that
The court arraigned the prisoner and said: "Mr. Smith, we have had your case under consideration, examined the testimony and find nothing to condemn you, and therefore you are discharged."
- New England Christian Herald prints article discussing Joseph Smith's June 1830 trial.
- John S. Reed, who served as a legal representative for Joseph Smith, recounts events leading up to the 1830 trials, and trials themselves.
[15]↩︎
These affidavits would be published in E. D. Howe's book, Mormonism Unvailed.
In his March 20, 1834 affidavit, Isaac Hale, the father-in-law of Joseph Smith, stated:
I first became acquainted with Joseph Smith, Jr. in November, 1825. He was at that time in the employ of a set of men who were called "money-diggers;" and his occupation was that of seeing, or pretending to see by means of a stone placed in his hat, and his hat closed over his face. In this way he pretended to discover minerals and hidden treasure.
Speaking of both Joseph Smith Sr. and Joseph Smith Jr., Parley Chase, in his December 2, 1833 affidavit noted that "they were lazy, intemperate and worthless men, very much addicted to lying. In this they freqently boasted of their skill. Digging for money was their principal employment."
[16]↩︎
In response to the question, "Was not Jo Smith a money digger?" Joseph Smith responded that "Yes, but it was never a very profitable job to him, as he only got fourteen dollars a month for it."
- Joseph addresses the charge of his being a "money digger" in the Elders Journal (1838); writes it was not very profitable.
[17]↩︎
Joseph explained in this history that he was hired by Stowell to dig for a lost silver mine but omits any mention of using a stone in the process. Joseph recounted:
[Josiah Stowell] had heard something of a silver mine having been opened by the Spaniards in Harmony, Susquahanah County, State of Pensylvania, and had previous to my hiring with him been digging in order if possible to discover the mine. After I went to live with <him> he took me among the rest of his hands to dig for the silver mine, at which I continued to work for nearly a month without success in our undertaking, and finally I prevailed with the old gentleman to cease digging after it. Hence arose the very prevalent story of my ~~have~~ <having> been a money digger.
- Joseph records in his 1838 History that he was employed by Josiah Stowell in 1826; this would lead to the "very prevalent story" of his having been a "money digger."
[18]↩︎
Joseph and Hyrum Smith were assassinated by a mob when they were imprisoned in Carthage, Illinois, on June 27, 1844.
[19]↩︎
About thirteen years later, the Utah Christian Advocate (January 1886) received the following note from Bishop Tuttle about how he came into possession of the trial docket:
The Ms. was given me by Miss Emily Pearsall who, some years since, was a woman helper in our mission and lived in my family, and died here. Her father or uncle was a Justice of the Peace in Bainbridge Chenango Co., New York, in Jo. Smith's time, and before him Smith was tried. Miss Pearsall tore the leaves out of the record found in her father's house and brought them to me.
The actual record that Emily Pearsall said she recovered from her uncle's book has never been recovered. The transcript was published after her death.
- Utah Christian Advocate reprints the Docket Entry for State of NY vs. JS (1826).
[20]↩︎
In this account, Joseph Smith is said to have been found guilty of being a disorderly person:
And therefore the Court find the Defendant guilty. Costs: Warrant, 19c. Complaint upon oath, 25 1/2c. Seven witnesses, 87 1/2c. Recognisances, 25c. Mittimus, 19c. Recognisances of witnesses, 75c. Subpoena, 18c. - $2.68
- Charles Marshall reprints Judge Neely's court notes, People v. Joseph Smith trial transcript.
[21]↩︎
Purple, in his May 2, 1877 reminiscences of the March 20, 1826 hearing, noted that "as the testimony of Deacon Stowell could not be impeached, the prisoner was discharged, and in a few weeks left the town."
- Chenango Union publishes William D. Purple's reminiscences about 1826 hearing; calls it a "trial" and that Joseph Smith was discharged and "left the town."
[22]↩︎
W. R. Hine recalled how Joseph Smith "claimed he saw writing cut on the rocks in an unknown language telling where [Captain] Kidd buried it, and he translated it through his peep-stone" and how "Jo dug next for Kidd's money, on the west bank of the Susquehanna . . ."
A statement from Henry A. Sayer claims that Joseph was given the nickname "The Peeker." He recalled coming to know of Joseph:
I became acquainted with Jo, Hyrum, and Bill Smith, whom I often saw hunting and digging for buried money, treasure, or lost and hidden things. Jo claimed to receive revelations from the Lord where to dig. . . . He was said to be the laziest whelp about the country.
And Isaac Butts, a former schoolmate of Joseph Smith's stated:
Young Jo had a forked witch-hazel rod with which he claimed he could locate buried money or hidden things. Later he had a peep-stone which he put into his hat and looked into it. I have seen both.
[23]↩︎
The term "money digging" appeared as early as March 1729, when Benjamin Franklin referred to the "odd Humour of Digging for Money thro' a Belief that much has been hid by Pirates."
And in an 1825 article appearing in the North-Carolina Free Press, "Money Digging," the practice is said to include attempting to find "money being hid under the surface of the earth."
In the 1830 New England Christian Herald article, "Mormonism," Joseph's "glass looking" was defined as his "looking through a certain stone to find hid treasures, &c."
[24]↩︎
In 1825, a "Mr. Ash" was reported to have discovered hidden treasure; Josiah Priest would republish his report in his book, American Antiquities and Discoveries in the West. In the same year, In November 1825, Josiah Stowell and other residents of the Harmony Township had a written agreement about the procedures if treasure would be discovered during a dig.
- Josiah Priest reprints story of a "Mr. Ash" discovering hidden treasure in 1826.
- Josiah Stowell et al's agreement about procedures if/when treasure is discovered during a dig.
[25]↩︎
In March 1729, Benjamin Franklin wrote a satirical article concerning the practice of "money digging" as did other publications, such as "Digging Money," Vermont Watchman and State Journal, published on April 23, 1822.
- Benjamin Franklin, in a satircal article, discusses the practice of "money digging."
- Vermont Watchman and State Journal prints sarcastic article about money digging which was growing in popularity at the time.
[26]↩︎
The relevant statute describes a "disorderly person" in chapter 31 of Laws of the State of New-York, Revised and Passed at the Thirty-Sixth Session of the Legislature as one who was:
pretending . . . to discover where lost goods may be found . . . 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"
- William P. Van Ness and John Woodworth provide the legal definition of "disorderly conduct" based on 1813 New York Law.
[27]↩︎
Some of Josiah Stowell's relatives felt that Joseph was exercising "unlimited control" over Josiah and brought Joseph to court. Writing in 1877, William D. Purple recalled the charges against Joseph Smith by relatives of Josiah Stowell:
In February, 1826, the sons of Mr. Stowell, who lived with their father, were greatly incensed against Smith, as they plainly saw their father squandering his property in the fruitless search for hidden treasures, and 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.
- Chenango Union publishes William D. Purple's reminiscences about 1826 hearing; calls it a "trial" and that Joseph Smith was discharged and "left the town."
[28]↩︎
The entry from Webster's 1828 Dictionary under "fraud" reads:
Deceit; deception; trick; artifice by which the right or interest of another is injured; a stratagem intended to obtain some undue advantage; an attempt to gain or the obtaining of an advantage over another by imposition or immoral means, particularly deception in contracts, or bargain and sale, either by stating falsehoods, or suppressing truth.
In the 1825 The Justice's Manual, fraud is defined as:
An offence at common law. To constitute this offence, however, the act done must effect the public—and be such an act as common prudence would not be sufficient to guard against; as the using of false weights and measures, or false tokens, or where there has been a conspiracy to cheat. The punishment is fine and imprisonment.
- Webster's 1828 Dictionary provides a definition of "Fraud."
- Thomas Glasby Waterman defines "fraud" in the 1825 The Justice's Manual.
[29]↩︎
According to the 1803 law book A New Conductor Generalis:
By statute, "Every justice of the peace before whom any person shall be brought for any reason or felony, or for suspicious thereof, before he commit such person to gaol, shall take the examination of such prisoner, and the information of those who bring him, relative to the fact; and the same, or so much thereof as shall be material to prove the offence, shall be put in writing by the said justice, within two days after the said examination.
In the same manual, it states that a "precise specification" of charges is not always necessary, stating:
Although the superior court of justice are strict in requiring a precise specification of the offence, so as to give the magistrate jurisdiction; yet if the other proceedings are stated with a reasonable degree of accuracy, the court will not be astute in discovering defects in such conditions.
- 1803 Law book on what judges are to do when those accused of felonies or suspicious crimes are brought before them.
- 1803 Law book outlines what justices are to look for before convicting someone of a crime.
[30]↩︎
Benton's article "Mormonites" was composed in March 1831 and was published in Evangelical Magazine and Gospel Advocate 2, no. 15 (April 9, 1831): 120. He wrote:
At length the public, becoming wearied with the base imposition which [Joseph] was palming upon the credulity of the ignorant, for the purpose of sponging his living from their earnings, had him arrested as a disorderly person, tried and condemned before a court or Justice. But, considering his youth, (he then being a minor,) and thinking he might reform his conduct, he was designedly allowed to escape.
- Abram W. Benton writes that Joseph was arrested and found guilty as a disorderly person but was "designedly allowed to escape."
[31]↩︎
Being "allowed to escape" ("leg bail") was seen as something favorable for the defendant. William Cobbett, in a letter critiquing the actions of Robert Peel (British Secretary of State for the Home Department), referred to "leg bail" as something favorable given to suspects by friends in a legal case:
We cannot help laughing, however, at the idea of the Magistrate having had the Bill of Rights in view, and that he therefore avoided demanding "excessive bail;" and, we must admire the hint of the old Doctors' Commons, that if the Soldier (the Bishop's partner) "should now tender bail, it must be accepted!" This is a good hint of the old Doctor’s Commons; and thus the law-officers would have nothing but names to try; the parties having given their friends what is called leg bail.
The phrase was also slang for escaping imprisonment. John Skillman noted how in an August 1, 1828 police report in New York, George Lyons took advantage of a sleeping guard and received "what is termed in slang phrase, 'leg bail.'"
- John B. Skillman reproduces an August 1, 1828 police report where George Lyons took "leg bail."
- William Cobbett, in a letter critiquing the actions of Robert Peel (British Secretary of State for the Home Department), refers to "leg bail" as something favorable given to suspects by friends in a legal case.
[32]↩︎
Oliver Cowdery wrote:
On the private character of our brother I need add nothing further, at present, previous to his obtaining the records of the Nephites, only that while in that country, some very officious person complained of him as a disorderly person, and brought him before the authorities of the county; but there being no cause of action he was honorably acquited.
- Oliver Cowdery writes to W.W. Phelps referring to the 1826 hearing of Joseph and the charge he was a "disorderly person." Writes that Joseph was acquitted.
[33]↩︎
In his March 8, 1842 letter to Jonathan Baldwin Turner, Noble wrote:
Jo. engaged the attention of a few indiv[iduals] Given to the marvelous Duge for money Salt Iron Oar Golden Oar Silver Oar and almost any thing every thing until Civil authority brought up Jo. standing (as the Boys say) under the Vagrant act Jo. was condemned whisper came to Jo. off off - took Leg Bail (or gave Leg Bail) all things straight Jo. was not seen in our town for of 2 years or more.
- Joel King Noble, in a letter to Jonathan Turner, writes that Joseph was convicted under the Vagrant act and took leg bail in 1826.
[34]↩︎
The transcript was published as "State of New York vs. Joseph Smith" in "The Original Prophet: By a Visitor to Salt Lake City" in Fraser's Magazine, February, 1873, 229-30.
- Charles Marshall reprints Judge Neely's court notes, People v. Joseph Smith trial transcript.
[35]↩︎
Purple tied Joseph's being discharged with the claim that "the testimony of Deacon Stowell [could not] be impeached" by the court.
- Chenango Union publishes William D. Purple's reminiscences about 1826 hearing; calls it a "trial" and that Joseph Smith was discharged and "left the town."
[36]↩︎
In his 1838 History, Joseph recounted:
[Josiah Stowell] had heard something of a silver mine having been opened by the Spaniards in Harmony, Susquahanah County, State of Pensylvania, and had previous to my hiring with him been digging in order if possible to discover the mine. After I went to live with <him> he took me among the rest of his hands to dig for the silver mine, at which I continued to work for nearly a month without success in our undertaking, and finally I prevailed with the old gentleman to cease digging after it. Hence arose the very prevalent story of my have <having> been a money digger.
Lucy Mack Smith also recounted Stowell hiring her son in her memoirs in 1845:
A short time before the house was completed, a man by the name of Josiah Stoal came from Chenango County, New York, to get Joseph to assist him in digging for a silver mine. He came for Joseph from having heard, that he was in possession of certain means, by which he could discern things, ~~which~~ that could not be seen by the natural eye.
- Lucy Smith recalls Josiah Stowell hiring Joseph to work in his mine and the claim he engaged in "money digging."
- Joseph records in his 1838 History that he was employed by Josiah Stowell in 1826; this would lead to the "very prevalent story" of his having been a "money digger."
[37]↩︎
In her 1845 history, Lucy Mack Smith recalled:
After laboring about a month without success, Joseph prevailed on his employer to cease his opperations. It was from this circumstance, namely, ~~his having~~ working ~~worked~~ by the month at digging for a silver mine, that the very prevalent story arose, of his having been a money digger.
- Lucy Smith recalls Josiah Stowell hiring Joseph to work in his mine and the claim he engaged in "money digging."
[38]↩︎
The legal definition of a "disorderly person" at the time was one who, according to the law of the time, was guilty of "pretending . . . to discover where lost goods may be found . . . 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."
- William P. Van Ness and John Woodworth provide the legal definition of "disorderly conduct" based on 1813 New York Law.
[39]↩︎
Writing in 1877, William D. Purple recalled the charges against Joseph Smith by relatives of Josiah Stowell, stating that "they plainly saw their father squandering his property in the fruitless search for hidden treasures" and that "they caused the arrest of Smith as a vagrant, without visible means of livelihood."
- Chenango Union publishes William D. Purple's reminiscences about 1826 hearing; calls it a "trial" and that Joseph Smith was discharged and "left the town."
[40]↩︎
The relevant portion of Judge Albert Neely's bill reads:
vs Joseph Smith The Glass looker March 20. 1826 To my fees in examination of the above Cause 2.68
The relevant portion of Constable Philip Mark de Zeng's bill reads:
Serving Warrant on Joseph Smith & travel 1.25 Subpoening 12 Wittnesses & travel—— 2.◊0 Attendance with Prisoner two days & 1 Night 1.25 Notifying two Justices—— 1— 16 miles travel with Mittimus to take him—— 1—
- Judge Neely's fee bill for Joseph's 1826 hearing (written in November 1826).
- Fee bill for Philip M. De Zeng for 1826 hearing.
[41]↩︎
The Benton account is the earliest account, and is written by a critical source but is not any more specific than saying that Joseph was "condemned" but "designedly allowed to escape."
The Cowdery account is the next earliest account, although it is still nearly a decade later. It is positively biased toward Joseph, but it specifically indicates an acquittal.
The Noble statements are over 15 years later and may be hearsay, as it's unclear if Noble was present for the trial, but it does agree with the earliest account from Benton.
The Marshall account purports to be an actual transcript of a guilty verdict, with an anonymous, but plausible provenance, assuming the source was Emily Pearsall, niece of Judge Neely. However, the account is over 45 years late from a critical source and the original record was never produced.
And finally, the Purple account is over 55 years late, and simply states the "prisoner was discharged." The source is critical but claims to have been an eyewitness to the hearing.
[42]↩︎
Philip M. De Zeng was the constable who served the warrants on Joseph Smith in his 1826 trial. De Zeng's Fee Bill reads
Serving Warrant on Joseph Smith & travel 1.25 Subpoening 12 Wittnesses & travel—— 2.◊0 Attendance with Prisoner two days & 1 Night 1.25 Notifying two Justices—— 1— 16 miles travel with Mittimus to take him—— 1—
Albert Neely was the justice of peace who presided over Joseph Smith's 1826 trial. The relevant portion of Neely's Fee Bill reads:
vs Joseph Smith The Glass looker March 20. 1826 To my fees in examination of the above Cause 2.68
- Fee bill for Philip M. De Zeng for 1826 hearing.
- Judge Neely's fee bill for Joseph's 1826 hearing (written in November 1826).
[43]↩︎
According to the 1825 Justice's Manual, "If the offender be found guilty by the Justice, a record of conviction must be drawn." It also notes:
Upon this judgment, the court are required to make a certificate of the conviction, under their hands and seals, "in which shall be briefly stated the offence, conviction and judgment thereon"; and within 40 days thereafter cause this certificate to be filed in the office of the clerk of the county.
- Thomas Glasby Waterman in The Justice's Manual (1825) writes that if a defendant is found guilty a record of conviction must be produced by the judge.
[44]↩︎
A number of the affidavits made accusations against Joseph and his use of seer stones to find treasure and accusations of fraud, but none make reference to a court conviction. For example, in his March 20, 1834 affidavit, Isaac Hale, the father-in-law of Joseph Smith, stated:
I first became acquainted with Joseph Smith, Jr. in November, 1825. He was at that time in the employ of a set of men who were called "money-diggers;" and his occupation was that of seeing, or pretending to see by means of a stone placed in his hat, and his hat closed over his face. In this way he pretended to discover minerals and hidden treasure.
Speaking of both Joseph Smith Sr. and Joseph Smith Jr., Parley Chase, in his December 2, 1833 affidavit noted that "they were lazy, intemperate and worthless men, very much addicted to lying. In this they freqently boasted of their skill. Digging for money was their principal employment."
- Isaac Hales's affidavit from 1834 claims that Joseph worked in the company of "money diggers" in 1825.
- Parley Chase's Affidavit Accusing Joseph Smith Sr. of "money digging" and that it was the Smith family's principal employment.
[45]↩︎
Doctor Philastus Hurlbut collected a number of affidavits that portrayed Joseph Smith and his family in a negative light. They were published in E. D. Howe's 1834 Mormonism Unvailed.
For example, in Joseph Capron's 1833 affidavit, he accused Joseph of having a "pretended" ability "to see any thing he wished" by the "light of the stone" he would place in his hat and pretending to "some wonderful discoveries."
Alva Hale in 1834 told Howe that Joseph told him:
This “peeping” was all d—-d nonsense. He (Smith) was deceived himself but did not intend to deceive others;—that he intended to quit the business, (of peeping) and labor for his livelihood.”
[46]↩︎
Writing in 1877, William Purple recalled the following account of Joseph Smith discovering the stone he would use for finding hidden treasure:
With some labor and exertion he found the stone, carried it to the creek, washed and wiped it dry, sat down on the bank, placed it in his hat, and discovered that time, place and distance were annihilated; that all intervening obstacles were removed, and that he possessed one of the attributes of Deity, an All-Seeing-Eye. He arose with a thankful heart, carried his tools to their owner, turned his feet towards the rising sun, and sought with weary limbs his long deserted home.
- Chenango Union publishes William D. Purple's reminiscences about 1826 hearing; calls it a "trial" and that Joseph Smith was discharged and "left the town."
[47]↩︎
Joseph's full testimony, as provided in the Pearsall account reads:
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 looked 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 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 rather declined having anything to do with this business.
- Charles Marshall reprints Judge Neely's court notes, People v. Joseph Smith trial transcript.
[48]↩︎
Joseph Smith Sr's testimony does not appear in the Pearsall account. In the Purple account, his full testimony reads as follows:
Joseph Smith, Sr., was present, and sworn as a witness. He confirmed at great length all that his son had said in his examination. He delineated his characteristics in his youthful days—his vision of the luminous stone in the glass—his visit to Lake Erie in search of the stone—and his wonderful triumphs as a seer. He described very many instances of his finding hidden and stolen goods. He swore 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, or its equivalent in earthly treasures, and with a long-faced, “sanctimonious seeming,” he said his constant prayer to his Heavenly Father was to manifest His will concerning this marvelous power. 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. These words have ever had a strong impression on my mind. They seemed to contain a prophetic vision of the future history of that mighty delusion of the present century, Mormonism. The “old man eloquent,” with his lank and haggard visage—his form very poorly clad—indicating a wandering vagabond rather than an oracle of future events, has, in view of those events, excited my wonder, if not my admiration.
- Chenango Union publishes William D. Purple's reminiscences about 1826 hearing; calls it a "trial" and that Joseph Smith was discharged and "left the town."
- 1803 Law book on what judges are to do when those accused of felonies or suspicious crimes are brought before them.
[49]↩︎
The 1883 Tuttle's account reports:
Says he see prisoner look into hat through stone, pretending to tell where a chest of dollars were buried in Windsor, a number of miles distant; marked out size of chest in the leaves on ground.
- Daniel S. Tuttle's discussion of 1826 hearing in A Religious Encyclopaedia; claims Joseph was found 'guilty' at a trial.
- Utah Christian Advocate reprints the Docket Entry for State of NY vs. JS (1826).
[50]↩︎
Arad Stowell's testimony is preserved in the Pearsall account:
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 book, and read. The deception appeared so palpable that witness went off disgusted.
[51]↩︎
In the Pearsall account, it noted:
Jonathan Thompson says that prisoner was requested to look for chest of money; did look, and pretended to know where it was; and that 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 upon something sounding like a board or plank. 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 hole beside the trunk, to guard it, as he supposed. Thompson says that he believes in the prisoner's professed skill; that the board which 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.
The Purple account noted:
Mr. Thompson, an employee of Mr. Stowell, was the next witness. He and another man were employed in digging for treasure, and always attended the Deacon and Smith in their nocturnal labors. He could not assert that anything of value was ever obtained by them. The following scene was described by this witness, and carefully noted: Smith had told the Deacon that very many years before a band of robbers had buried on his flat a box of treasure, and as it was very valuable they had by a sacrifice placed a charm over it to protect it, so that it could not be obtained except by faith, accompanied by certain talismanic influences. So, after arming themselves with fasting and prayer, they sallied forth to the spot designated by Smith. Digging was commenced with fear and trembling, in the presence of this imaginary charm. In a few feet from the surface the box of treasure was struck by the shovel, on which they redoubled their energies, but it gradually receded from their grasp. One of the men placed his hand upon the box, but it gradually sunk from his reach. After some five feet in depth had been attained without success, a council of war against this spirit of darkness was called, and they resolved that the lack of faith, or of some untoward mental emotions, was the cause of their failure.
[52]↩︎
McMaster's testimony is found only in the Pearsall account:
[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 coloured stone, as he said that it hurt his eyes.
[53]↩︎
In a March 1831 letter to the editor of the Evangelical Magazine and Gospel Advocate, Benton wrote that Addison Austin testified:
At the very same time that Stowell was digging for money, he, Austin, was in company with said Smith alone, and asked him to tell him honestly whether he could see this money or not. Smith hesitated some time, but finally replied, “to be candid, between you and me, I cannot, any more than you or any body else; but any way to get a living.” Here, then, we have his own confession, that he was a vile, dishonest impostor.
- Abram W. Benton writes that Joseph was arrested and found guilty as a disorderly person but was "designedly allowed to escape."
[54]↩︎
Josiah Stowell's testimony, as recorded in the Pearsall account, reads:
Josiah Stowel sworn. Says that prisoner had been at this 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. . . [Joseph] never deceived him; that prisoner 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; that he had been in company with prisoner digging for gold and had the most implicit faith in prisoner’s skill.
- Daniel S. Tuttle's discussion of 1826 hearing in A Religious Encyclopaedia; claims Joseph was found 'guilty' at a trial.
- Utah Christian Advocate reprints the Docket Entry for State of NY vs. JS (1826).
[55]↩︎
The Purple account (where Purple erroneously calls him "Isaiah"), contained the following version of Josiah Stowell's testimony:
The next witness called was Deacon Isaiah Stowell. He confirmed all that is said above in relation to himself, and delineated many other circumstances not necessary to record. He swore that the prisoner possessed all the power he claimed, and declared he could see things fifty feet below the surface of the earth, as plain as the witness could see what was on the Justices’ table, and described very many circumstances to confirm his words. Justice Neely soberly looked at the witness, and in a solemn, dignified voice said: “Deacon Stowell, do I understand you as swearing before God, under the solemn oath you have taken, that you believe the prisoner can see by the aid of the stone fifty feet below the surface of the earth, as plainly as you can see what is on my table?” “Do I believe it?” says Deacon Stowell, “do I believe it? no, it is not a matter of belief: I positively know it to be true.”
- Chenango Union publishes William D. Purple's reminiscences about 1826 hearing; calls it a "trial" and that Joseph Smith was discharged and "left the town."
[56]↩︎
The relevant portion of Judge Albert Neely's bill reads:
vs Joseph Smith The Glass looker March 20. 1826 To my fees in examination of the above Cause 2.68
The relevant portion of Constable Philip Mark de Zeng's bill reads:
Serving Warrant on Joseph Smith & travel 1.25 Subpoening 12 Wittnesses & travel—— 2.◊0 Attendance with Prisoner two days & 1 Night 1.25 Notifying two Justices—— 1— 16 miles travel with Mittimus to take him—— 1—
- Judge Neely's fee bill for Joseph's 1826 hearing (written in November 1826).
- Fee bill for Philip M. De Zeng for 1826 hearing.
[57]↩︎
In the July 1838 issue of the Elders' Journal, Joseph Smith addressed the charge as follows:
Question 10th. Was not Jo Smith a money digger? Answer. Yes, but it was never a very profitable job to him, as he only got fourteen dollars a month for it.
- Joseph addresses the charge of his being a "money digger" in the Elders Journal (1838); writes it was not very profitable.
[58]↩︎
In a letter to Oliver Cowdery from 1834, Joseph wrote:
During this time [after the First Vision], as is common to most, or all youths, I fell into many vices and follies; but as my accusers are, and have been forward to accuse me of being guilty of gross and outragious violations of the peace and good order of the community, I take the occasion to remark, that, though, as I have said above, “as is common to most, or all youths, I fell into many vices and follies,” I have not, neither can it be sustained, in truth, been guilty of wronging or injuring any man or society of men; and those imperfections to which I alude, and for which I have often had occasion to lament, were a light, and too often, vain mind, exhibiting a foolish and trifling conversation.
Joseph, in his 1838 History, would record the same, admitting that, after the First Vision,
I was left to all kinds of temptations, and mingling <with> all kinds of society I frequently <fell> into many foolish errors and displayed the weakness of youth and the corruption <foibles> of human nature which I am sorry to say led me into divers temptations ~~to the gratification of many appetites~~ offensive in the sight of God
- Joseph admits to Oliver Cowdery in a letter that he was guilty of "many vices and follies" in his youth.
- Joseph admits that, in his youth, he was guilty of "foolish errors" and the corruption/foibles of human nature.
[59]↩︎
In her memoirs, Lucy recounted how Lucy Harris complained to a magistrate in Lyons, New York against Joseph for defrauding Martin Harris and that the charge was dismissed after the judge heard the testimony of Martin himself:
they need not call any more of their witnesses but to bring that which had been recorded of the testimony that had been given. This he tore in pieces before their eyes and told them to go home about their [business] and trouble him no more with such ridiculous folly. They returned home abashed and confounded hanging down their heads with shame and confusion.
- Lucy Mack Smith recounts Lucy Harris's attempt to bring legal action against Joseph for purportedly defrauding Martin Harris in March 1829.
[60]↩︎
According to Joel King Noble, Joseph was arrested for "breach of the peace against the state of New York by looking through a certain stone to find treasure" adding that Joseph was discharged as he had not looked in the glass for two years to find money.
Joseph Knight Sr., father of one of the witnesses (Newel Knight) wrote the following concerning the source of the charges against Joseph:
The People Began to Be angry and to persecute and Cald them fools and said they ware Decived. But along towards fall Joseph and Oliver Cowdray and David Whitmore [Whitmer] and John Whitmore Came from Harmony to Pannsylvany to my house on some Buisness. And some of the Vagabonds found they were there and they made a Catspaw of a young fellow By the name of Docter Benton in Chenengo County to sware out a warrent against Joseph for as they said pertending to see under ground.
- New England Christian Herald prints article discussing Joseph Smith's June 1830 trial.
- Joseph Knight recalls Joseph's 1830 hearings and the charges being dismissed.
[61]↩︎
The charges against Joseph before Justice Joseph Chamberlain in South Bainbridge are not entirely clear. According to Joseph Knight Sr., Benton swore out the warrant for Joseph's "pretending to see under ground." According to Joseph Smith, it was, at least to some degree, related to the earlier charges of his being a money digger as well as purportedly disturbing the peace when he "cast a devil" from Newel Knight.
Joseph Knight hired James Davidson to defend Joseph, but Davidson also advised Knight to hire John S. Reed. The hearing continued until midnight befor Chamberlain acquitted Joseph.
[62]↩︎
The second case in 1830 was tried before a three Justice of the Peace court—a Court of Special Sessions in Colesville. After the first hearing, Joseph received a warrant for the same crimes from a constable from Broome County for the second hearing. According to John S. Reed, witnesses were examined until 2 a.m., and the case was argued for another two hours until Joseph was acquitted.
[63]↩︎
In his account, Joseph Knight noted that the following occurred as a result of the growth of the Church:
The People Began to Be angry and to persecute and Cald them fools and said they ware Decived. But along towards fall Joseph and Oliver Cowdray and David Whitmore [Whitmer] and John Whitmore Came from Harmony to Pannsylvany to my house on some Buisness. And some of the Vagabonds found they were there and they made a Catspaw of a young fellow By the name of Docter Benton in Chenengo County to sware out a warrent against Joseph for as they said pertending to see under ground.
Knight noted that, after the two hearings, the prosecution "could find no thing against [Joseph Smith] therefore he was Dismist."
- Joseph Knight recalls Joseph's 1830 hearings and the charges being dismissed.
[64]↩︎
In his history, Joseph Smith recalled Newel Knight's testimony:
Did the prisoner Joseph Smith, Cast the Devil out of you? <Ansr> No Sir— Why have not you had the Devil cast out of you? Ansr Yes Sir. And had not Joe Smith some hand in its being done! Ansr Yes Sir. And did not he cast him out of you? Ansr No Sir, it was done by the power of God, and ~~he was~~ Joseph Smith was the instrument made use of on the occasion, He commanded him out of me in the name of Jesus Christ. And are you sure that it was the Devil? Ansr Yes Sir. Did you see him after he was cast out of you? Ansr Yes sir, I saw him.
Abram W. Benton, in his March 1831 account of the 1830 trials, also made reference to Joseph expelling a devil from Newel Knight who "testified, under oath, that he positively had a devil cast out of himself by the instrumentality of Joseph Smith, jr., and that he saw the devil after it was out, but could not tell how it looked!"
Elsewhere, Joseph noted that the claim he was engaged in money digging was used against him:
Mr Seymour now addressed the Court, and in a long & violent harangue endeavored to blacken my character, and bring me out guilty of the charges which had been brought against me, among other things, he brought up the story of my having been a money digger and in this manner proceeded in hopes to influence the court and the people against me.
- Joseph recounts his 1830 Broome County hearing and events leading up to it.
- Abram W. Benton writes that Joseph was arrested and found guilty as a disorderly person but was "designedly allowed to escape."
[65]↩︎
Recalling his hiring both Davidson and Reed, Joseph Knight wrote:
I went that nite and saw Mr James Davison [Davidson] a man I was acquainted with. The next morning ther gatherd a multitude of peooel that ware against him. Mr Davison said it looked like a squaley [squally] day; he thot we had Better have John Read [Reid] a prety good speaker near by. I told him we would, so I imployed them Both.
- Joseph Knight recalls Joseph's 1830 hearings and the charges being dismissed.
- Joseph recounts his 1830 Broome County hearing and events leading up to it.
[66]↩︎
John S. Reed gave an account of both trials in 1844, just weeks prior to Joseph's murder in Carthage. Recounting the first trial, he commented:
Notwithstanding the mighty efforts that were made to convict him of crime by his vigilant persecutors, with his character unstained by even the appearance of guilty. The trial closed about 12 o'clock at night. After a few moments deliberation, the court pronounced the words 'not guilty,' and the prisoner was discharged.
- John S. Reed, who served as a legal representative for Joseph Smith, recounts events leading up to the 1830 trials, and trials themselves.
[67]↩︎
Joseph's lawyer, John S. Reed, in 1844, recalled:
The next morning about 10 o'clock the court was organized. The prisoner was to be tried by three justices of the peace, that his departure out of the county might be made sure.
- John S. Reed, who served as a legal representative for Joseph Smith, recounts events leading up to the 1830 trials, and trials themselves.
[68]↩︎
John S. Reed, Joseph's attorney, recalled that Joseph was arraigned before Joseph Chamberlain:
After a few moments deliberation, the court pronounced the words 'not guilty,' and the prisoner was discharged.
Joseph recalled that he was then taken to Broome county for a second hearing:
The Court was detained over untill a warrant was obtained from Broom County. and served upon me just immediately after I had been acquitted and set at liberty by this court. The Constable who served this warrant, had no sooner done so than he began to abuse and insult me, and so unfeeling was he with me, that although, I had been kept all the day in court with out any thing to eat since the morning yet he hurried me off to Broom County, a distance of about 15 miles.
- John S. Reed, who served as a legal representative for Joseph Smith, recounts events leading up to the 1830 trials, and trials themselves.
- Joseph recounts his 1830 Broome County hearing and events leading up to it.
[69]↩︎
John S. Reed gave an account of both trials in 1844, just weeks prior to Joseph's murder in Carthage. Recounting the second trial, he commented:
The court arraigned the prisoner and said: "Mr. Smith, we have had your case under consideration, examined the testimony and find nothing to condemn you, and therefore you are discharged."
Reports of the 1830 hearings all agree that Joseph Smith was not charged with any crime. In the same article in the New England Christian Herald, Judge Noble wrote that "Joseph Smith, jr., was discharged; he had not looked in the glass for two years to find money."
- John S. Reed, who served as a legal representative for Joseph Smith, recounts events leading up to the 1830 trials, and trials themselves.
- New England Christian Herald prints article discussing Joseph Smith's June 1830 trial.
[70]↩︎
Justice Joel K. Noble's comments about the 1830 trials were published in "Mormonism," New England Christian Herald, 4 (November 7, 1832): 22-23.
- New England Christian Herald prints article discussing Joseph Smith's June 1830 trial.
[71]↩︎
Joseph, in his history, provided the following recollection of Newel's testimony concerning the exorcism:
Did the prisoner Joseph Smith, Cast the Devil out of you? <Ansr> No Sir— Why have not you had the Devil cast out of you? Ansr Yes Sir. And had not Joe Smith some hand in its being done! Ansr Yes Sir. And did not he cast him out of you? Ansr No Sir, it was done by the power of God, and he was Joseph Smith was the instrument made use of on the occasion, He commanded him out of me in the name of Jesus Christ. And are you sure that it was the Devil? Ansr Yes Sir. Did you see him after he was cast out of you? Ansr Yes sir, I saw him
- Joseph recounts his 1830 Broome County hearing and events leading up to it.
[72]↩︎
Joseph Knight Sr., Newel's father, wrote that:
after a trial all Day jest at nite [Smith] was Dismissed. Then were was a nother oficer was Ridy [ready] and took [Joseph] on the same Case Down to Broom County Below forth with . . . the next Day [the hearing] Continued All Day till midnite. But they Could find no thing against him therefore he was Dismist.
- Joseph Knight recalls Joseph's 1830 hearings and the charges being dismissed.
[73]↩︎
John Reed, during a convention, recalled that the first trial closed about midnight. He added:
After a few moments deliberation, the court pronounced the words 'not guilty,' and the prisoner was discharged . . . he was arrested again, and on the way to Colesville for another trial. I was again called upon by his friends to defend him . . . Nothing was proven against him whatever. Having got through the examination of their witnesses about 2 o'clock, in the morning, the case was argued about two hours. . . . then [the judges] 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, but merely to please those fiends in human shape, who were engaged in the unhallowed persecution of an innocent man, sheerly on account of his religious opinions.
- John S. Reed, who served as a legal representative for Joseph Smith, recounts events leading up to the 1830 trials, and trials themselves.
[74]↩︎
Joseph Smith's history reads:
Mr Seymour now addressed the Court, and in a long & violent harangue endeavored to blacken my character, and bring me out guilty of the charges which had been brought against me, among other things, he brought up the story of my having been a money digger and in this manner proceeded in hopes to influence the court and the people against me. . . . The court finding the charges against me not sustained I was acquitted to the great satisfaction of my friends and vexation of my enemies; who were now once more set for me, but through the instrumentality of my new friend the Constable I was enabled to escape them, and make my way in safety to my wife’s sister’s house. where I found my wife—with whom I next day returned to my own house.
- Joseph recounts his 1830 Broome County hearing and events leading up to it.

Account Date	Reported Outcome	Source
March 1831	"condemned" but released	Abram W. Benton[BIO] writes in the Evangelical Magazine and Gospel Advocate that because Joseph was a youth at the time he was "designedly allowed to escape."[30][31]
October 1835	"honorably acquited"	Oliver Cowdery, in a letter to W. W. Phelps published in The Latter Day Saints' Messenger and Advocate, makes reference to "some very officious person" complaing of Joseph as being "a disorderly person," but Joseph was "honorably acquited."[32]
March 1842	"condemned" but released	Joel King Noble,[BIO] in a letter to Jonathan Turner,[BIO] says that "Civil authority brought up Jo. . . under the Vagrant act" and he "took Leg Bail. . .all things straight."[33]
February 1873	"Defendant guilty"	Charles Marshall[BIO] publishes a purported transcript of the court notes in Fraser's Magazine.[34]
May 1877	"prisoner was discharged"	William D. Purple, a critic of the Church who attended the hearing in 1826, writes about it many decades later in the Chenango Union newspaper.[35]

Witness	Summary
Joseph Smith Jr.	Joseph Smith Jr. recalled how he found his stone.[46] In the Pearsall account, Joseph recalls how Josiah Stowell hired him, informing Stowell where to find treasures “in the bowels of the earth." In the same account, Joseph also states he gave up the practice as it hurt his eyes and he "had always rather declined anything having to do with this business."[47]
Joseph Smith Sr.[BIO]	Joseph Smith Sr. spoke of his son's "wonderful triumphs as a seer" and 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," hoping this power would eventually get used correctly.[48]
Horace Stowell[BIO]	Horace Stowell described where a purported chest of dollars was buried in Winchester County, which Joseph purportedly marked the size of with leaves on the ground.[49]
Arad Stowell[BIO]	Arad Stowell wanted Joseph Smith to display his skills. This resulted in Joseph reading a book he covered with a cloth while holding a white stone to a candle. This disappointed Arad who thought it was deception.[50]
Jonathan Thompson[BIO]	Jonathan Thompson claimed Joseph stated there was a treasure protected by sacrifice. They struck the treasure with a shovel. One man placed his hand on the treasure, but it sank out of reach.[51]
Mr. McMaster[BIO]	Mr. McMaster stated that he went with Arad Stowel to be convinced of Joseph's skills, but was initially convinced that Joseph was a fraud. He said Joseph pretended he could discern objects at a distance by holding a white stone to the sun or candle and Joseph "rather declined looking into a hat at his dark coloured stone."[52]
Addison Austin[BIO]	According to the Benton account, Joseph Smith confessed to Addison Austin that he could not truly see any buried money, and knowingly engaged in such deception "to get a living."[53]
Josiah Stowell	Josiah Stowell testified that Joseph "looked through stone and described [my] 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."[54] William Purple witnessed the testimony and recalled, “The testimony of Deacon Stowel could not be impeached. Prisoner was discharged.”[55]

Joel K. Noble[BIO]	Joel K. Noble said the warrant issued against Joseph was for "breach of the peace against the state of New York, by looking through a certain stone to find treasure," adding that Joseph "was discharged; he had not looked in the glass for two years to find money, &c.,—hence it was outlawed."[70]
Newel Knight[BIO]	Newel Knight testified to William Seymour[BIO] (prosecuting attorney) that Joseph did "cast a devil" from him "by the power of God."[71][72]
John Reed[BIO]	Reed noted that after Joseph was found "not guilty" and discharged at the first trial, he was arrested again for a second trial in Colesville, where Joseph was also found "not guilty." The judges would reprimand Joseph "on account of his religious opinions."[73]