Account of Hearing, 10 February 1843, as Reported by Willard Richards [State of Illinois v. Olney]

  • Source Note
  • Historical Introduction

Document Transcript

Friday Feb. 10, 1842 [1843]— 5 P. M.
Exparte examination of . before Mayor. Joseph Smith.
was called up[o]n by the Mayor.—
— in order to get understadg [understanding] go back a little—
go back 2 or 3. years
2 or 3 years ago— 1 ye[a]r ago la[s]t June I was admitted to go 4 Qu[ar]ter of th[e] ea[r]th— 2d round— disgutig [disgusting] to hea[r] swearing—
called to go Mary or no Mary 2d— Round.— was kept doing
9, 10. 11. June an[c]ient of days set. doing the whole time,— by the ancie[n]t of Days— stakse [stakes] were appointd. been to all stakes but one.— without Mary or latter . — I have suffered beyond all bo[u]nds of reason I will help. myself— & I went to that store. & took those goods & no one is angerd— in it
next tuesday Anci[en]t of days— sits.— I made up my mind might as well dies as well as one day as another— despis[e] a thief. door shut up— not this first persen knows any thing about those goods but me [p. 1]
the earth is the Lords & the fullness thereof I care but little about things—
I am often sitti[n]g with [Ancient?] of Days— I care not for turn of thi[n]gs— more of my seeking— I have writtig to shed from the first to the prest [present] time
necessity has driven me right out the my chain.—
Bro knows no more about this than the babe unborn—
Let thi[n]gs turn in their own way. this is my testimony— if I am to be put have not a shirt to my back— stadig & I have suffered more— than God requires of any man—
apperd [appeared] to me & conversd with me—
Said I took them things I did not care any thing about them—
I dont know but God has taken this course to stand these things me amongst
I have tools—
12 stakes are appo[i]nted
when a persen— has good feeli[n]gs he can learn of me— this to th◊◊ed me amongst you had not stocking or shoes. these 2 years— [p. 2]
Mr Taylor their that believe your Duties—
Those that anc[ie]nt Days—
— Did they know—
No Persen
This Box —
My Bag
— By yoursefl [yourself]
Yes—
on the Stree[t] Mulholld
yes
wh[a]t time—
time said to be taken 23
all at the same tim[e]
yes—
that the goods—
yes some goods—
— all at your home that night
no— that night soon after
Say where Did you take them—
in that field near the home
Smith— what did you do with my papers
[“]I destroyed them”— I did not [illegible] [articulate?] youd would get the things.— I burned them —
How did you get into the store
I got in at the window—
Little after 10.— evinng [evening]— [p. 3]
Bored & took of[f] the bo[a]rd went into the window— & took— the goods— out of the window all alone— kept them in my home— in seprate parcels.— no one in home but little girl— no border— no comp[a]ny took them under my arm— at 7 or 8 time after 10.— no movemnts— met no— person— conversed with no one till morning.— I would trust no person with it.— 2 girls— gown out of this cloth— my girls— 6 or 8 years old.— made the gowns— — had no goods— conveyed the idea I got goods at — in Boxes— befor setti[n]g in the house— have no Ladies— had no assistance— no persons to remain any time. sold no goods the owner live under the same roof— I had a good mind when he brougth the remainder of the goods to put them all together.— find he would make a fuss abo[u]t— it.— It was necessity— had some flannel made up yourself— Mrs Roberts made it— lives west of the [p. 4] did not tell Mrs Roberts where I got Flanel— no person knows but myself.— did not intend to sell them.— was out of patine [patience]— Just wanted some clothes— had not made up my mind to how to secure them— did not care much about it.— Did it on the principle of doing will of God.— establish Anci[en]t of Days
Joseph <​Mayor​>— state whether any influence one [on] your mind— by this church to influence you to steel at all?
No Sir—
in relation to your writings. Revlation do you not recollect I told you it was all false?
I took it in that way
Did I not tell you it would lead you to destruction—
I appeared you in it—
Yes
when in Jluly 1841–1842.— I wrote a letter home.— stating abo[u]t — that the course— would dest[ro]y him——
Esqr— will you state now whither you stole these
I took these goods from the store of — on Mulholland Street in I got into the window. bored of the bo[a]rd— took it of[f]— went in at the window— & returned with the goods & through the window bo[a]rd fastend at the window.— between 9 oclok & one in the morn[in]g in Jany 1843— kept in [illegible] [p. 5] have since taken from the store until taken from him by the officers— boared on the window tacked on with nails— bored it off with an auger—
go[o]ds) found $50 dollar <​banke​> bill— <​note—​> in a wallet— <​done up in a bill of​> Bank of Alabama— number not seen— the bill here pres[en]ted— the first I knew of it I found it among other things in a wallet, <​here presented​> with the papers I destroyed
Mrs. Harriet Nurse sworn
A piece of cloth was handed me by & I cut 2 dresses— did not inform me where he got the good— I became acqauinted with — in the east.— never told me it was right to steal.— never knew he had stolen any goods— came to my house last week with the good— abo[u]t 1st feb.— peice pres[e]nted was the piece left. of the garment.— no one conversed with me about the cloth as I recoll[e]ct never told me where I got it.— brought no other goods or piece of goods— knew of no person getting good of Olney lately.— never asked where he got them— never told me.—
Mary Olney Sworn
Never saw these good present before— I saw the cloth of the garments made at Mrs Nurse— some fine clothes made of— 3 or 4 weeks ago— made up— about that time. had the cloth in the house before— dont know where my got my goods— never saw. them.— did not know my was out— never had told me he had dresses for me— box pres[en]t. is one— been in our house long time kept our clothing in it— opened it when I wanted to not Locked— [p. 6]
Mary Olny—
never told me not to go to the box— told us to take our things & carry them up stairs— 2 or 3 weeks left— the chest empty— never noticed whether the chest was fast, never, see my go to it— I am the oldest— no one forbidden to go to the chest.— did not have any use to go to the che[s]t— no curiosity— clothes in a chest up stairs— saw no goods had not seen before— One of s sacks presented— spot on it— kept it up stairs. never noticed any thing in the sack— am not up stairs freque[n]tly— did not tell me not to meddle with these things rold up in a bundle sleep up stairs.— sisters shoes presented. got them for her— sister wore them— did not tell where he got them.— Same cloth sister <​Laura Eliza​>— has on Mrs Nurse made.— did not say where he got the cloth.
Laura Eliza— Olny—
Dress little girl has on I made—
Mr
These are my goods— same as taken from my store— one night of the 23d January last. Monday night.— window— not needed borded & matched with— inch bo[a]rd. left 9, at night, morning found holes— bored on the bottom— so as to touch or near such— 1¼ inch auger— bored up & down— half the height.— & ½ across— chain of small circumstanc my wife went into . in the morn[in]g you was gone last night— no I was at home [p. 7] when he was seen coming home in the morng— this morng I saw him with a red flannel shirt on which I thought was my flannel.— had lent an augur which had not been returnd.
these are s goods— helped put them up— found them in s house—
Sworn
did not mark the date. the PM. before s store was b[r]oke open.— Olny— came to borrow an inch & ¼ auger have not seen it. since.— scant 1¼ auger have heard said <​​> say several <​times​> things in these last days would become slippe[r]y they would be missing mysteriously. If the mob came on & we be drove off— it would be a good place in s cellar— to secure— the families who might be mobbed— the families of the house— & such thi[n]gs as could not be picked up after the mob left,— & furniture of families— fearing a mob— did not mean by plunder stealing— were talking about the goods which were left— after the people were driven off & the riches of the Earth
this morning went with sheriff to s & found these goods— [p. 8]
Decision of court
by confession of he stole the goods & by them being found— & all testimony— that by searching the house he is guilty of Burglery & Larceny—
the other is discharged
no principle why he should be— & beautiful land— I would have fed & clothed him if he had come to me— has been calld to do some things in religion this has nothing to do with— sticly [strictly]—
& god would not send a man on a mission destitut[e] or oblgie [oblige] him to Steal if he had been called of god he would have gone till he had fallen in his tracks— He was never requird by any any man to go here & there— & not preventd fr[o]m his house— his impossible god should have any hand in driving a man to Burglery— Larceny & destrictin [destruction].— is not here on Riligius principles— but on the fact that he has confessed he has stolen the goods— & is bound to commit him or bind him over— & will give bail to the amnt of 5000 dollers or committed to Jail— This is the most painful thing I ever had to do— never sat in such a case befor but ever felt— Such an abhorrence to thievery & I cannot suffer me to Turn from the path of duty—— [p. [9]]
Feb 10 42
Estate
s Trial—— [p. [10]]

Footnotes

  1. new scribe logo

    Docket in handwriting of Thomas Bullock.  

  2. new scribe logo

    Docket in unidentified handwriting.