Minutes, 30 April 1843

  • Source Note

Document Transcript

Trial before the First Presiden[c]y April 30. 1843
President Joseph Smith. . & .
vs.
Appeal from the High Council.
Appeal No 1.
Specifications <​Charges​> No 2
Bond No 3
appeard as council for . Stated that a settlement had been once made, as nomerd [numbered?] on the bond, by mutual consent.
Settleme[n]t was by decision of counceil & advice
It was an after agreement that should build a house for , & it should go on the notes given for the Bond,— council advisd to give $10. to purchase peace. the $10. note on the Bond.
<​,​> Notes were to be given up, or I & wife were to be cut off from the church.
. Deeds. were to be made to . when they could be obtaind or the hand of fellowship should be withdrawn. court decided that the Bond. did not prove the charges but to the contrary.— Court decid th[e]y would hear the witness, as an origenol case, The council had no jurisdiction in deciding the title of lands, Therefore this court will consider the indorsement on the Bond as though they it had not been in as much as that endorsemet was made by influe[n]ce of the High Council.—
, agreed to put up a house 20. by 30 for , who was to fu[r]nish timber standing. building was not done at the time agreed.— no price stipulated, for the building. if we could not agree up[o]n the price. leave the terms to 2 disintrested men.
<​N[ewman] G.​> Blodgett, celler [cellar] wall 14 or 15 feet by 20, 4 feet high.— <​framed the buildi[n]g, in feb— 1[8]42 rained in april or may.—​> fence was ready 3 months. before it was raised, & then no foundation only as w[a]s made.— cellar less than the hous, afterward they dug out the celler bigness of the house, & let the frame fall. & we had to pry it. up. do not recollect stated any thing. about Laying foundatio[n]
. said he never agreed to buy a foundation to lay. plant the building on.— but only to the top of the g[r]ound which was done,
Blodget, does not know that he even heard agree to make a better foundation than there was made. [p. 1]
, if stated what foudatin [foundation] he was to make it is out of my mind,
President of [if] all the world was to swear that had acehieved that he was to build a better fou[n]dation than he did & . should state what he has, it would not convict this court.
, wanted to wait till he could get stone, to raise a the foundation,
court decided there is no court evidenc before the court,— circcustinctineal [circumstantial] evidence is good for nohting [nothing] without facts to base those circumstances, upon.
Charge 1.— graham
, refus[e]d to give me any title to the land
, went to cut a few little sticks. with my brother, Matthews son. as enquirred what right.— <​he was ag[e]nt for Mr Bently [Elisha Bentley],​> & said he would put the tree land in force.— went to see said his wife had taken a bond in her own name. said he would<​nt​> pay him any thing. if you come on my . I will swear her clear his her any way you can fix it.— get in a passion. Old Lady pomisd [promised] him the money if she could get it of Joseph.— went away when the land was prized. on purpose.— offered 15 acres land.— to satisfy for the house.—
12½ adjornd one hour
Court open— half past one—
— I dont know that I can say anthing but what my has done—
will you state what time
— <​about​> 3 or 4 weeks before the other trial
Br. Collit. Question is the proof of that deman[d]
all that I know is that he said he would pay him for what was due, but could not let him have the Land.
—The man we wanted to prize houses said that Br Browit had better not, because he was going to priz <​build ow[n]​> house— I prized <​house​> 250, he 200— some wood. Sister M. said she intended to pay him what was right— no more. did not know. but understood it was in land [p. 2]
3. — Br Blodget & I split the difference & called it $225— it was to be as it stood only some shingles were to be put on it— had their choice to have it moved— where it was, it was to be $200 if removed $225. was to move it for $225. Understood it was removed who did it I dont know Br. Blodget helped. they did it quick
Nm. Blodget. Heard him say he did not to intend to let him have land. I went to prize at the request of prized as preveous witness stated helped to move it. It was moved to the place appointed. It occurred I should think in August. last year. did not want it shingled until the wall should be finished. 2.— I know that— heard say that— I was one of the prizers it was to be $200 at the place, or $225 remov[e]d— The work is done all that was agreed to be done on it— It is since that time that I have heard say he wou[l]d not let him have any land. I never heard him say before. I understood this building was to answer that contract. I had an understanding of the contract understood it was to be for that land. Understood this was to apply on two notes held against .
Question by Joseph. Have you any more witnesses one that I have sent for.
admits that he forbid taking wood of the land.
Rest the case
1 charges &
2 for transferring his ld away &c
Defendant.
Read Plea.
Mrs Matthews. a forfeiture bond was given. came on first of Ocr. wanted to build the house. The note was due the first of Novr. I told him he could not get it done as soon [as] he said in he could do it in three weeks to meet those notes— he would unload [p. 3]
the room the first of novr. that I would get into it. previous to this we had our celler dug walled up, laid without lime mortar. had masons that owed us Br. Browit accountable for other work.— Conference came on— he pledged his word that it should be done at the time been told that he had taken other work & left ours. about 1 Novr. saw who said his hands we’re ready & that he would do it immediately— obliged to leave Browits house. Stayed in stable till spring got out timer fourth of May his last note was due 5 day of may— 16 day of may we saw him he said he had been dissapointed. he had two boys went to work & brethren came, said they would be glad to work for a little land they were 10 or 12 days in doing it. When was spoke to to put stone under the underpinning, he said it was the masons not his work— it was finish[e]d last of October or first of March. Browit was to do $200 work inside Br. Collit & Browit both condemned the building— they said they would not advise to do good work in that building— sent for I said they have condemned your building— said it was hard— that if he had not paid <​them​> for it, he would not— I offerred it to him for the timber. I then said that I would make a barn of it. asked Br Blodget & Browit to prize the building prized it $250 I said it was too much. timber to come out & hauling. came home was displeased at the apprizeal, neighbors said it was too much— came to see about the land said he knew that he had not the land at the time that that the notes became due.
Br. Browit.
& Mrs Matthews told me that a man by the name of was to build them a house— I was to build a stable. did it according to contract. & Mrs Matthews, said that they he expected to be dissapin [disappointed] by — I was to put up the stable for them to live in. I was to do $200 work for land to be received from them. I was called upon to look at the building. condemned it. He con [p. 4]
told them it was not worth. told me that I was to prize that building I did not want to prize it. I refused. Br. Collet went &— did not say what it was worth. the other man $200. although he before had said it was good for nothing— In the cellar there was some dirt removed which I understood was to put their sauce in. The building projected over this place— could have put under the pinnings. After the contract was broken they then might have hindered the work; but not before. When I understood that Collet had said that the work was well done, when he knew better & had told me differrent. I knew nothing of the time of the contract. I did not hear say anything about the contract. It was not out of shape by falling, a good building could not be injured by that.
Cellar work I finished the digging of the first cellar work— the first cellar was ready for the building against the timber was there. There was a foot & a half inside of the timbers & near three feet at the corners the building could not drop inside the cellar
Sister Matthews Mr. Bently & Mr Hamilton we’re there on the 24 of May.
Bond. <​read​> Elisha Bentl[e]y 00 700 11/100
Sophia Reels [Mathews Reals] testimony read
George Reels [Reals] testimony read
Joseph. Trial was to have conv[ened] on last sunday they said they could not not have their witnesses present. I told them to bring it in writing—
Saml. Thompson. no preparations for building. some scattering timbers laying about I think it was november I was told to
Richard Slater, I helped to build cellar was wall— first time I went the’re had been a good deal of rain. the corner of the house slipped down. attempted to raise one corner, a log rolled from under & the house fell. I came after & the house was up— , it was not all dug out then [p. 5]
Charges read by Joseph Smith.
Decision of this Court is that the charges are not sustained
Court adjourned till next Sunday 2 O clock
. vs.
Trial
Before First Presidency—
April 30, 1843 [3/4 page blank] [p. 6]

Footnotes

  1. new scribe logo

    Willard Richards handwriting begins.  

  2. new scribe logo

    Willard Richards handwriting ends; John Taylor begins.  

  3. new scribe logo

    Docket in handwriting of Willard Richards.