The Article in the OP wrote: http://www.deseretnews.com/article/7002 ... d=fb_shareThe Smiths called five witnesses, while Hurlbut called seven. Both Joseph Smith Jr. and his older brother Hyrum were called to testify.
Born on Dec. 23, 1805, Joseph had just turned 13 and, because of his young age, the court was obliged to determine his competency. Since he did, in fact, eventually testify, we can be sure that the court certified him to be, as the laws of the period stipulated, of "sound mind and memory," without "vicious intention," "maturity in crime" or "weak intellect."
Moreover, as the documents demonstrate, the Smiths prevailed in court. They won their case. And they did so, at least in part, on the basis of the testimony given by young Joseph Smith little more than a year before his First Vision.
Of course, that depends on which version of the First Vision story we are talking about.
As Jeffrey Walker summarizes the matter:
"The jurors, composed of the more affluent members of the community, found in favor of Joseph Smith Sr.'s claims against a much more prominent family. Even more important, this same jury, in conjunction with the local justice of the peace, found the young boy Joseph Smith Jr. to be both a credible and competent witness — something that some choose to dispute today. Yet there it is."
This is the kind of thing that I might have written as a parody of Mormon apologetics. And yet the
ward newsletter actually printed this elaborate non sequitur to imply that Joseph Smith was telling the truth about the First Vision, the Book of Mormon, God being extremely interested in his marrying lots of women and having his followers give him money and property, etc.
Since he did, in fact, eventually testify, we can be sure that the court certified him to be, as the laws of the period stipulated, of "sound mind and memory," without "vicious intention," "maturity in crime" or "weak intellect."And since Hurlburt's seven witnesses did, in fact, eventually testify, we can be sure that the court also certified them to be of "sound mind and memory," without "vicious intention," "maturity in crime" or "weak intellect." Being found competent to testify has nothing to do with whether one is telling the truth, nor with credibility. In fact, even under the rules of common law, it's pretty hard
not to be found competent to testify.
The judge in a trial, including back in those days, has a gatekeeper function over what evidence is going to be admitted. A finding of competence to testify basically means that a witness has sufficient knowledge to have perceived whatever he or she is going to testify about, that he or she understands being placed under oath (i.e., that there is a penalty for lying), and that he or she understands the difference between the truth and a lie. That last one is usually only a real issue with children, and it doesn't mean that the judge thinks that the witness
is telling the truth. It only means, not in so many words, that the judge doesn't think you're crazy.
It is self-parody to make the apologetic argument that there is anything probative as to the truth claims of the LDS Church about 12 men on a jury in an 1819 civil case relying in part on Joseph Smith's competence and credibility, which is "something that some choose to dispute today." I don't know who the "some" are who today dispute his competence and credibility to testify in 1819 about whether Jeremiah Hurlburt owed his dad some money.
Joseph Smith, Jr. also appeared at an 1826 proceeding where he was bound over for trial on charges of fraudulent "glass looking." Since he did, in fact, eventually testify, we can be sure that the court certified him to be, as the laws of the period stipulated, of "sound mind and memory," without "vicious intention," "maturity in crime" or "weak intellect."
Joseph Smith, Jr. also appeared at an 1837 trial, where he was convicted of running an illegal bank. Since he did, in fact, eventually testify, we can be sure that the court certified him to be, as the laws of the period stipulated, of "sound mind and memory," without "vicious intention," "maturity in crime" or "weak intellect."