Letter to Editor, 22 June 1835

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Letter to Editor, 22 June 1835
Source Note

JS, Letter,
Kirtland Township
Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...
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, Geauga Co., OH, to the editor of the Painesville Telegraph,
Painesville Township
Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...
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, Geauga Co., OH, 22 June 1835. Featured version published in the Painesville Telegraph, 26 June 1835, p. [3].

The Painesville Telegraph (
Painesville
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, Geauga Co., OH), new series vol. 1, no. 25, 26 June 1835, edited by M. G. Lewis. The microfilm copy of the text used for transcription was filmed by the Microfilm Corporation of Cleveland, OH, 1947, copy at CHL.

Each weekly issue comprises two leaves (four pages) with text arranged in seven columns. Exact physical dimensions are unclear as only microfilm versions were available for transcription. Beginning with the 2 January 1835 issue, the paper switched from a six- to a seven-column format. One history indicates that “the paper was enlarged and otherwise improved” at that time, so the change in column format may also indicate a change in physical dimensions.
1
History of Geauga and Lake Counties, Ohio, 29.
Comprehensive Works Cited
History of Geauga and Lake Counties, Ohio, with Illustrations and Biographical Sketches of Its Pioneers and Most Prominent Men. Philadelphia: Williams Brothers, 1878.
In its prior six-column format, the paper measured 21½ × 15¼ inches (55 × 39 cm).
Footnotes
[1]
History of Geauga and Lake Counties, Ohio, 29.
History of Geauga and Lake Counties, Ohio, with Illustrations and Biographical Sketches of Its Pioneers and Most Prominent Men. Philadelphia: Williams Brothers, 1878.
Historical Introduction
On 16 June 1835, JS appeared in court in
Chardon
Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...
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, Ohio, “to answer to a charge of Assault and Battery” that he had allegedly committed against
Calvin Stoddard
7 Sept. 1801–19 Nov. 1836. Farmer. Born at Palmyra, Ontario Co., New York. Son of Silas Stoddard and Bathsheba Sheffield. Lived at Ontario Co., 1810. Married Sophronia Smith, 30 Dec. 1827, at Palmyra. Resident of Macedon, Wayne Co., New York, June 1830. Proselytized...
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, husband of JS’s oldest sister,
Sophronia
16 May 1803–22 July 1876. Born at Tunbridge, Orange Co., Vermont. Daughter of Joseph Smith Sr. and Lucy Mack. Moved to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by Aug. 1804; to Tunbridge, by Mar. 1808; to Royalton, by Mar. 1810; to Lebanon...
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, following an altercation over a water dispute on 21 April 1835.
1
Editorial, Painesville (OH) Telegraph, 24 Apr. 1835, [3], italics in original; Geauga Co., OH, Court of Common Pleas, Court Records, 1807–1904, vol. Q, pp. 497–498, 16 June 1835, microfilm 20,278, U.S. and Canada Record Collection, FHL.
Painesville Telegraph. Painesville, OH. 1822–1986.
U.S. and Canada Record Collection. FHL.
The original arrest warrant was dated 21 April and issued on the oath of
Grandison Newell
2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...
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.
2
State of Ohio v. JS, 21 Apr. 1835, Geauga Co., OH, Court Docket Book, 332, Henry E. Huntington Library, San Marino, CA.
Geauga Co., OH, Court Docket Book. Henry E. Huntington Library, San Marino, CA.
It is unclear from available documents whether Newell witnessed the dispute, but he was an ardent opponent of the church’s growth in the
Kirtland
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, Ohio, area and was involved in several court cases against JS and the church.
3
See Adams, “Grandison Newell’s Obsession,” 159–188.
Adams, Dale W. “Grandison Newell’s Obsession.” Journal of Mormon History 30 (Spring 2004): 159–188.
Following a preliminary hearing, JS was placed under bond to keep the peace and the case was transferred to the
Geauga County
Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...
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Court of Common Pleas in
Painesville
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, Ohio, to be heard during the court’s June 1835 term. On 16 June, the grand jury for the Court of Common Pleas indicted JS on the assault and battery charge. The trial on the indictment was held during the same term. During that trial, the court found JS “not guilty as he Stands charged in said Indictment.”
4
State of Ohio v. JS, 21 Apr. 1835, Geauga Co., OH, Court Docket Book, 332, Henry E. Huntington Library, San Marino, CA; Geauga Co., OH, Court of Common Pleas, Court Records, 1807–1904, vol. Q, pp. 497–498, 16 June 1835, microfilm 20,278, U.S. and Canada Record Collection, FHL; see also Geauga Co., OH, Court of Common Pleas, Court Records, 1807–1904, General Index, Reverse, p. 231, microfilm 1,632,025, U.S. and Canada Record Collection, FHL; and Parkin, “Conflict at Kirtland,” 132–133.
Parkin, Max H. “Conflict at Kirtland: A Study of the Nature and Causes of External and Internal Conflict of the Mormons in Ohio between 1830 and 1838.” Master’s thesis, Brigham Young University, 1966.
Three days after the original altercation, the Painesville Telegraph, frequently critical of JS,
5
Eber D. Howe, publisher of an 1834 critique of JS titled Mormonism Unvailed, had recently sold the Telegraph to his younger brother, Asahel Howe, but the editorial stance of the publication remained staunchly opposed to the church. Eber D. Howe announced he was leaving the paper on 23 January 1835. (Howe, Autobiography and Recollections, 46; “To the Patrons of the Telegraph,” Painesville [OH] Telegraph, 23 Jan. 1835, [3].)
Howe, Eber D. Autobiography and Recollections of a Pioneer Printer: Together with Sketches of the War of 1812 on the Niagara Frontier. Painesville, OH: Telegraph Steam Printing House, 1878.
had reported on the charges against JS and his expected appearance in court at
Chardon
Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...
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, but it later failed to report on JS’s acquittal.
6
On 24 April 1835, the Painesville Telegraph printed: “Smith, the Mormon Prophet, was recognised, on Wednesday last, by Justice Miller of this village, for his appearance at the next Court of Common Pleas, to answer to a charge of Assault and Battery committed upon the person of his brother-in-law.” (Editorial, Painesville [OH] Telegraph, 24 Apr. 1835, [3], italics in original.)
In this 22 June 1835 letter, JS succinctly stated that the Telegraph had publicized his arraignment and therefore ought to be equally forthcoming about the subsequent trial and acquittal.
The Telegraph responded by publishing JS’s letter in its 26 June 1835 issue, together with an explanation of pre-trial developments, a discussion of the witnesses in the trial, and the details of the court proceedings that provide more information than extant court records themselves. According to the trial account published by the Telegraph,
Stoddard
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, who had left the state during pre-trial investigations and was forced to return, testified that he confronted JS regarding the existence of water on a piece of land, after which “Smith then came up and struck him in the forehead with his flat hand,” though he later “came to him and asked his forgiveness.” JS’s brother
William Smith
13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...
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testified that Stoddard “drew his cane upon Joseph” and “Joseph struck him once or twice.”
7
William Smith, Orson Hyde, and Brigham Young all returned from their mission to the eastern United States and Upper Canada in order to testify, although neither Hyde nor Young actually testified in the proceedings. (“History of Brigham Young,” Deseret News, 10 Feb. 1858, 386.)
Deseret News. Salt Lake City. 1850–.
A Mr. Burgess, who may have been church member
William Burgess
20 May 1794–Nov. 20, 1880. Blacksmith, farmer, lumberman, sawmill operator. Born in Argyle, Washington Co., New York. Son of Chris John Burgess and Hannah Newland. Married Violate Stockwell, 8 Oct. 1812. Baptized into Church of Jesus Christ of Latter-day ...
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or one of his sons,
Harrison
3 Sept. 1814–10 Feb. 1883. Born in Putnam, Washington Co., New York. Son of William Burgess and Vilate Stockwell. Baptized into Church of Jesus Christ of Latter-day Saints, July 1832. Served mission to Vermont with John S. Carter, spring 1833. Ordained a ...
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or Horace, stated that “Stoddard struck at Smith first, and raised his cane in a threatening attitude when down.” The Telegraph discounted Burgess’s testimony, however, stating that he was too biased in favor of JS. The Telegraph concluded, “The Court, after summing up the testimony, said that as the injured party was satisfied, there would be no cause for further prosecution; that the assault might perhaps be justified on the principle of self-defence. The accused was then acquitted.”
8
Trial Report, Painesville (OH) Telegraph, 26 June 1835, [3].
JS wrote no further correspondence to the newspaper on this matter.

See also Introduction to State of Ohio v. JS for Assault and Battery.
Footnotes
[1]
Editorial, Painesville (OH) Telegraph, 24 Apr. 1835, [3], italics in original; Geauga Co., OH, Court of Common Pleas, Court Records, 1807–1904, vol. Q, pp. 497–498, 16 June 1835, microfilm 20,278, U.S. and Canada Record Collection, FHL.
[2]
State of Ohio v. JS, 21 Apr. 1835, Geauga Co., OH, Court Docket Book, 332, Henry E. Huntington Library, San Marino, CA.
[3]
See Adams, “Grandison Newell’s Obsession,” 159–188.
Adams, Dale W. “Grandison Newell’s Obsession.” Journal of Mormon History 30 (Spring 2004): 159–188.
[4]
State of Ohio v. JS, 21 Apr. 1835, Geauga Co., OH, Court Docket Book, 332, Henry E. Huntington Library, San Marino, CA; Geauga Co., OH, Court of Common Pleas, Court Records, 1807–1904, vol. Q, pp. 497–498, 16 June 1835, microfilm 20,278, U.S. and Canada Record Collection, FHL; see also Geauga Co., OH, Court of Common Pleas, Court Records, 1807–1904, General Index, Reverse, p. 231, microfilm 1,632,025, U.S. and Canada Record Collection, FHL; and Parkin, “Conflict at Kirtland,” 132–133.
Parkin, Max H. “Conflict at Kirtland: A Study of the Nature and Causes of External and Internal Conflict of the Mormons in Ohio between 1830 and 1838.” Master’s thesis, Brigham Young University, 1966.
[5]
Eber D. Howe, publisher of an 1834 critique of JS titled Mormonism Unvailed, had recently sold the Telegraph to his younger brother, Asahel Howe, but the editorial stance of the publication remained staunchly opposed to the church. Eber D. Howe announced he was leaving the paper on 23 January 1835. (Howe, Autobiography and Recollections, 46; “To the Patrons of the Telegraph,” Painesville [OH] Telegraph, 23 Jan. 1835, [3].)
[6]
On 24 April 1835, the Painesville Telegraph printed: “Smith, the Mormon Prophet, was recognised, on Wednesday last, by Justice Miller of this village, for his appearance at the next Court of Common Pleas, to answer to a charge of Assault and Battery committed upon the person of his brother-in-law.” (Editorial, Painesville [OH] Telegraph, 24 Apr. 1835, [3], italics in original.)
[7]
William Smith, Orson Hyde, and Brigham Young all returned from their mission to the eastern United States and Upper Canada in order to testify, although neither Hyde nor Young actually testified in the proceedings. (“History of Brigham Young,” Deseret News, 10 Feb. 1858, 386.)
Deseret News. Salt Lake City. 1850–.
[8]
Trial Report, Painesville (OH) Telegraph, 26 June 1835, [3].
Page [3]
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Kirtland
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, June 22, 1835.
To the Editor of the Painesville Telegraph:
1
M. G. Lewis was serving as editor at this time. (Howe, Autobiography and Recollections, 46.)
Sir:—In a late number of your paper the fact was noticed of my being bound over to the Court of Common Pleas, to keep the peace, for an assault upon the person of my
brother-in-law
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:
2
Calvin Stoddard.
Since my honorable acquital before said court, last week, there being no evidence to prove the same, I believe you will do me the justice to make the last as public as the former, and oblige
Your ob’t serv’t,
JOSEPH SMITH, Jr. [p. [3]]
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