History of the Church of Jesus Christ of Latter-day Saints (Vol. 1-7). Joseph F. Smith
a few more such attempts, the court was detained for a time, in order that two young women, daughters of Mr. Stoal, with whom I had at times kept company, might be sent for, in order, if possible, to elicit something from them which might be made a pretext against me. The young ladies arrived, and were severally examined touching my character and conduct in general, but particularly as to my behavior towards them, both in public and private; when they both bore such testimony in my favor as left my enemies without a pretext on their account. Several other attempts were made to prove something against me, and even circumstances which were alleged to have taken place in Broome county, were brought forward, but these my lawyers would not admit of as testimony against me; in consequence of which my persecutors managed to detain the court until they had succeeded in obtaining a warrant from Broome county, which warrant they served upon me at the very moment that I was acquitted by this court.
The Prophet's Second Arrest.
The constable who served this second warrant upon me had no sooner arrested me 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 without anything to eat since the morning, yet he hurried me off to Broome county, a distance of about fifteen miles, before he allowed me any kind of food whatever. He took me to a tavern, and gathered in a number of men, who used every means to abuse, ridicule and insult me. They spit up on me, pointed their fingers at me, saying, "Prophesy, prophesy!" and thus did they imitate those who crucified the Savior of mankind, not knowing what they did.
Unnecessary Severity.
We were at this time not far distant from my own house. I wished to be allowed the privilege of spending the night with my wife at home, offering any wished for security for my appearance; but this was denied me. I applied for something to eat. The constable ordered me some crusts of bread and water, which was the only food I that night received. At length we retired to bed. The constable made me lie next the wall. He then laid himself down by me and put his arm around me, and upon my moving in the least, would clench me fast, fearing that I intended to escape from him; and in this very disagreeable manner did we pass the night.
The Second Trial.
Next day I was brought before the magistrate's court at Colesville, Broome county, and put upon my trial. My former faithful friends and lawyers were again at my side; my former persecutors were arrayed against me. Many witnesses were again called forward and examined, some of whom swore to the most palpable falsehoods, and like the false witnesses which had appeared against me the day previous, they contradicted themselves so plainly that the court would not admit their testimony. Others were called, who showed by their zeal that they were willing enough to prove something against me, but all they could do was to tell something which somebody else had told them.
Newel Knight vs. Lawyer Seymour.
In this frivolous and vexatious manner did they proceed for a considerable time, when, finally, Newel Knight was called up and examined by Lawyer Seymour, who had been especially sent for on this occasion. One Lawyer Burch, also, was on the side of the prosecution; but Mr. Seymour seemed to be a more zealous Presbyterian, and appeared very anxious and determined that the people should not be deluded by any one professing the power of godliness, and not "denying the power thereof."
Mr. Knight was sworn, and Mr. Seymour interrogated him as follows:
"Did the prisoner, Joseph Smith, Jun., cast the devil out of you?"
"No, sir."
"Why, have not you had the devil cast out of you?"
"Yes, sir."
"And had not Joe Smith some hand in its being done?"
"Yes, sir."
"And did not he cast him out of you?"
"No, sir; it was done by the power of God, and Joseph Smith was the instrument in the hands of God, on the occasion. He commanded him to come out of me in the name of Jesus Christ."
"And are you sure that it was the devil?"
"Yes, sir."
"Did you see him after he was cast out of you?"
"Yes, sir! I saw him."
"Pray, what did he look like?"
[Here one of my lawyers informed the witness that he need not answer the question.] The witness replied:
"I believe I need not answer your last question, but I will do it, provided I be allowed to ask you one question first, and you answer me, viz., Do you, Mr. Seymour, understand the things of the spirit?
"No," answered Mr. Seymour, "I do not pretend to such big things."
"Well, then," replied Knight, "it would be of no use to tell you what the devil looked like, for it was a spiritual sight, and spiritually discerned; and of course you would not understand it were I to tell you of it."
The lawyer dropped his head, whilst the loud laugh of the audience proclaimed his discomfiture.
Plea for the State.
Mr. Seymour now addressed the court, and in a long and violent harangue endeavored to blacken my character and bring me in 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, hoping evidently to influence the court and the people against me.
Plea for the Defendant.
Mr. Davidson and Mr. Reid followed on my behalf. They held forth in true colors the nature of the prosecution, the malignancy of intention, and the apparent disposition to persecute their client, rather than to afford him justice. They took up the different arguments which had been brought by the lawyers for the prosecution, and having shown their utter futility and misapplication, then 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 I was innocent. They spoke like men inspired of God, whilst those who were arrayed against me trembled under the sound of their voices, and quailed before them like criminals before a bar of justice.2
Change in Sentiment.
The majority of the assembled multitude had now begun to find that nothing could be sustained against me. Even the constable who arrested me, and treated me so badly, now came and apologized to me and asked my forgiveness for his behavior towards me; and so far was he changed, that he informed me that the mob were determined, if the court acquitted me, that they would have me, and rail-ride me, and tar and feather me; and further, that he was willing to favor me and lead me out in safety by a private way.
The Prophet Acquitted.
The court found the charges against me not sustained; I was accordingly acquitted, to the great satisfaction of my friends and vexation of my enemies, who were still determined upon molesting 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 awaiting with much anxiety the issue of those ungodly proceedings, and in company with her I arrived next day in safety at my own house.
Footnotes
1. The date of this conference, in the History of the Prophet, published in the Times and Seasons and the Millennial Star, as also in the History in manuscript in the custody of the Church Historian—from which the history published in those periodicals was taken—is given as the "first day of June;" but the minutes of the conference, written, as the minutes themselves state, by Oliver Cowdery, and recorded in the Far West Record, are dated "June 9th," 1830. It is for this reason that the date is changed in the text. These minutes also state that this conference of June 9th, was adjourned to convene again at the same place on the "26th of September, 1830."
2. In a speech made at