Joseph Smith, Jr., was put upon his trial on a charge of Assault and Battery committed upon the person of a . By consent of the parties, the case was submitted to the Court without Jury.
examined— States that Smith had irritated him in a controversy about water— he had affirmed that there was water in a certain lot, which Smith denied— as Smith passed towards his house, he (,) followed him, and said, “dont fear you, or no other man”— Smith then came up and struck him on the forehead with his flat hand— the blow knocked him down, when Smith repeated the blow four or five times, very hard— made him blind— that Smith afterwards came to him and asked his forgiveness— was satisfied— had forgiven him— would forgive any man who would injure him and ask his forgiveness.
Cross ex.— Had a cane— did not attempt to strike him, or threaten:
examined— Saw come along cursing and swearing— Joseph went out— said he would whip him, and drew his cane upon Joseph— Joseph backed the cane off, and struck with a flat hand— fell down— Joseph struck him once or twice.
Cross-ex.— Joseph stopped in the yard— they were close together when he saw them— cautioned Joseph to stop, that he had done enough.
, the Prophet’s mother— Saw some of the affray— was up stairs— heard talking loud— called Joseph “a d——d false Prophet, and a d——d one thing another”— saw Joseph slap him— did not hear say he would flog him— did not see attempt to strike him.
Burgess— Says struck at Smith first, and raised his cane in a threatening attitude when down.
The Court, after summing up the testimony, said that as the injured was satisfied, there could be no cause for further prosecution; that the assault might perhaps be justified on the principle of self-defence. The accused was then acquitted. [p. ]