Minutes, 10 March 1842 [City of Nauvoo v. Davis for Slander of JS–A]

  • Source Note
  • Historical Introduction

Document Transcript

City of )
versus)
)
Municipal Ct March 10th 1842.—
Charge brought upon the oath of Joseph Smith, for breach of an Ordinance, entitled, “an ordinance concerning Vagrants and disorderly Persons”.—
Came on before The & Aldermen , , , , & , & ,
Jurors Sworn.
1 ) 5 Perrygreen [Perregrine] Sessions) 9 Jesse D. Hunter
2 ) 6 .) 10
3 Graham Coltrin) 7 ) 11 Jas Rodeback
4 David Sessions) 8 John G Luce) 12 C[harles] D. Barnum.
, & [blank] Hibbard, <​his Wife,​> & Sworn as Witnesses.
— Was at s, at Supper, said he would be damned if he could go into the Room where Smith was, that Smith had broken his pledges to him, & that he considered he intended to Swindle him, & that he knew it, was requested to tell Smith to leave the House, he delivered the Message, which was from s Wife, & Smith went,— then came into the Room, & said he was willing to meet Joseph Smith in the Woods, with Words, Fists, or Rifles, that he believed Joseph Smith was a damned Whoremaster, & <​that he was​> a Scoundrel <​or rascal​>, does not believe Mrs. Davis asked J. Smith to Tea, but that Mrs Hibbard or Mrs. White, <​X​> talked to to pacify him, & Mr Taylor was present, did not speak to J. Smith, but about him,
<​X​> By , did not recollect say, in his opinion. offered to buy the promy. Note of J. Smith, but J. Smith told he wd pay the Note held, in Property.—
By the X said that J. Smith was either a Swindler, or a damned Swindler,
Said he did not deliver the Message to J. Smith, for that J. Smith had his Hat or Cap in his Hand, & in the way of going, when entered the Room.— [p. [1]]
Direct Examn of
,— Went to s, Presdt Smith & ors [others] came, his Understg. is that Mrs. Davis asked all to take Tea, Did not hear speak from left to the Store Room until after Mr Smith left the House, stated that he had demands agst J. Smith, he had promised to pay him in Spring, but he believed J. Smith to be a Rascal or a Scoundrel & a Swindler, & he was bound to get his own out of Mormonism & wd have it any way.— was not in the Room when sd any thing agst J. Smiths moral Character. & J. Smith behaved like a Gent while in the House.
Mrs. Hibbard— J. Smith behaved as a Gent while in the Room, & wished to be excused from staying, but was insisted upon, She was in the Room with J. Smith all the time he was there.—
Taylor Sworn.— stated that <​he believed​> J. Smith was a Scoundrel Rascal or Knave, or words to that Effect, thinks he saw J. Smith all the time, & did not hear say any thing to J. Smith in Person
Jinks— sd J. Smith was a damned Scoundrel, & that he was a Liar, likely J. Smith could have heard him, but does not know he did:— had been talking of J. Smiths having promised to pay him, & did not do it, & then used such Words.—
J. Smith— Said he never refused to pay , since he promised to pay the <​Note he holds,​>— offered a Claim, or demand upon , or Property in , The Note in question was passed to Merchts in , & afterwards pd by Grainger in , has paid every deal witness [p. [2]] witness had with him, & is not accountable for Graingers acts,— witness did not go to s House directly, but went for the , & turned in to see <​& found Mrs Hibbard there,​> he was invited to stop for Tea, did Stop, knew by s. passing through the Room, he was displeased. called upon him, & they went off together, Witness was not the purchaser of the Property which Grainger got from , further sd he never promised to pay the Notes had, in Cash, but wd at any time, in City Property.— & went <​in​> to ’s for the express purpose of settling with, & paying him.
— left J. Smith at ’s, staid longer than he intended, & called upon him, & apologized for the delay.— never knew any thing injurious to his Character, or improper in his Conduct, & that as he knows something of J. Smiths affairs, he knows if he J. Smith could collect this the Debts due to him, he wd. pay all he owed to others,
— Spake upon the Evidence in an address to the Jury, on behalf of the .
— Addressed the Jury on behalf of the .
— Spoke in Reply, as a closing Speech.—
The — Charged the Jury, first animadverting upon what he considered an importation thrown out during the discussion of this Case, & secondly Citing Cases from Authorities, & explaining the Ordinance, & finally Observing what he considered to be the Duty of the Jurors.—
The Jury returned their verdict. To Wit.—
We the Jury find the guilty of the Charge contained in the affidavit upon which this Suit is founded.
March 10th. 1842.—
) Foreman.—
Judgment of the Court.— to give Security of One Hundred Dollars. to keep the Peace for Six Months, & indemnify the Corporation.— [p. [3]]
[blank]

Footnotes

  1. 1

    TEXT: Possibly “Mr Hibbard”.