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Joe and his legal encounters
Posted: Fri Mar 21, 2014 4:03 pm
by _ZelphtheGreat
https://byustudies.byu.edu/showtitle.aspx?title=9306Will be interesting to see how many arrest warrants the guy was dodging.
How many times he was on the run from the law.
Wonder if it will cover all these topics?
Re: Joe and his legal encounters
Posted: Fri Mar 21, 2014 4:12 pm
by _CameronMO
Joseph Smith believed in sustaining the law. This book presents his main legal encounters in the context of his day. Party to more than two hundred suits in the courts of New York, Ohio, Missouri, Illinois, and elsewhere, he faced criminal charges as well as civil claims and collection matters. In the end, he was never convicted of any crime, and he paid his debts.
I don't think this is correct. He was convicted of a crime when he was using the rock, right? I thought for sure I've seen the original docket sheet.
Also, he didn't pay for the Kirtland Bank failure, others did. He rode out of town in the night.
Re: Joe and his legal encounters
Posted: Fri Mar 21, 2014 4:16 pm
by _GR33N
Here is a good example of Joseph's legal troubles:
Messrs. Davidson and Reed followed on Joseph's behalf. They held forth in true colors the nature of the prosecution, the malignity of intention, and the apparent disposition of the prosecution to persecute their client, rather than to do him justice. They took up the different arguments that had been brought forward by the lawyers for the prosecution, and having shown their utter futility and misapplication, they proceeded to scrutinize the evidence which had been adduced, and each in his turn thanked God that he had been engaged in so good a cause, as that of defending a man, whose character stood so well the test of such a strict investigation. In fact, these men, although not regular lawyers, were, upon this occasion, able to put to silence their opponents, and convince the court that Joseph Smith, Jun., was innocent. They spoke like men inspired of God; while those who were arrayed against Joseph, trembled under the sound of their voices, and shook before them as criminals before the bar of justice. Disappointment and shame were depicted on the faces of the assembled multitude, who now began to learn that nothing could be sustained against Joseph. The constable, who had arrested Joseph, and treated him in so cruel and heartless a manner, came forward and apologized and asked his forgiveness for the ill-treatment he had given him, so much was this man changed that he told Joseph the mob had resolved, if the court acquitted him, that they would take him, tar and feather him, and ride him on a rail; and further, that if Joseph wished, he would lead him out another way, so that he could escape in safety.
After all the efforts of the people and court to sustain the charges brought against Joseph proving an entire failure...
http://www.boap.org/ Newell Knight Journal
Re: Joe and his legal encounters
Posted: Fri Mar 21, 2014 4:21 pm
by _Mormon Think
CameronMO wrote:Joseph Smith believed in sustaining the law. This book presents his main legal encounters in the context of his day. Party to more than two hundred suits in the courts of New York, Ohio, Missouri, Illinois, and elsewhere, he faced criminal charges as well as civil claims and collection matters. In the end, he was never convicted of any crime, and he paid his debts.
I don't think this is correct. He was convicted of a crime when he was using the rock, right? I thought for sure I've seen the original docket sheet.
Also, he didn't pay for the Kirtland Bank failure, others did. He rode out of town in the night.
It may have been that the Judge essentially allowed him to leave because of his age. The transcript of the docket originally came from the niece of Judge Neely, the official in the Joseph Smith case. She claimed to have torn the transcript from Judge Neely's docket book and took it to Utah in 1880s. It was published on three occasions (Fraser's Magazine 1873, Mormons 1883 and Utah Christian Advocate 1886). The original transcript was lost some time after it was published. LDS defenders argued for the next century that there never was a trial and questioned the authenticity of the transcript. Dan Vogel's videos on the 1826 trial (referenced below) go into much further detail in helping determine the validity of the transcript
http://mormonthink.com/transbomweb.htm# ... sureseekerDan
Re: Joe and his legal encounters
Posted: Fri Mar 21, 2014 4:41 pm
by _CameronMO
Mormon Think wrote:CameronMO wrote:I don't think this is correct. He was convicted of a crime when he was using the rock, right? I thought for sure I've seen the original docket sheet.
Also, he didn't pay for the Kirtland Bank failure, others did. He rode out of town in the night.
It may have been that the Judge essentially allowed him to leave because of his age. The transcript of the docket originally came from the niece of Judge Neely, the official in the Joseph Smith case. She claimed to have torn the transcript from Judge Neely's docket book and took it to Utah in 1880s. It was published on three occasions (Fraser's Magazine 1873, Mormons 1883 and Utah Christian Advocate 1886). The original transcript was lost some time after it was published. LDS defenders argued for the next century that there never was a trial and questioned the authenticity of the transcript. Dan Vogel's videos on the 1826 trial (referenced below) go into much further detail in helping determine the validity of the transcript
http://mormonthink.com/transbomweb.htm# ... sureseekerDan
Thanks for the link. I get it now. The old "found guilty but not convicted" distinction.
