, June 22, 1835.
To the Editor of the Painesville Tele graph:
Sir:—In a late number of your pa per 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 : 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.
In compliance with the above polite invitation, we give below the evidence introduced, and the decision of the Court, on the trial of the Prophet, last week. It may be proper to state, in limine, that at the examination had be fore the justice, in this place, by whom the Prophet was held to Bonds, , the individual upon whose person the assault was committed, could not be obtained as a witness, as he had, it ap peared, been suddenly induced to leave the State. He returned a few days since when his presence at court was secured, much against his will. Bur gess, the witness last examined, whose testimony most favored the accused, was not brought forward at the justice’s ex amination, although present in the place at the time—a circumstance that induced many to suppose his evidence was man ufactured for the occasion. The wit nesses introduced were, , a brother-in-law, , a brother and “,” , the mother, and Burgess, a faithful follower, of the Prophet accused.
COURT OF COMMON PLEAS.
Saturday, June 20.
Joseph Smith, Jr., was put upon his trial on a charge of Assault and Bat tery committed upon the person of a . By consent of the par ties, 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 deni ed—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 af terwards came to him and asked his for giveness—was satisfied—had forgiven him—would forgive any man who would injure him and ask his forgiveness.
Cross ex.—Had a cane—did not at tempt to strike him, or threaten:
examined—Saw come along cursing and swearing—Jo seph went out— said he would whip him, and drew his cane upon Jo seph—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 tes timony, said that as the injured party was satisfied, there could be no cause for further prosecution ; that the assault might perhaps be justified on the princi ple of self-defence. The accused was then acquitted. [p. ]