, June 22,
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
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.
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.
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
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
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.
mother— Saw some of the affray—was up
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.
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.