Did Joseph Plot to Murder Grandison Newell?

Did Joseph Smith Plot to Murder Grandison Newell?

In May 1837, Grandison Newell charged Joseph with attempted murder. Joseph was eventually acquitted, but the testimony of church leaders and employees reveals how the seriously the Prophet's followers took his offhand remarks—or was he really serious? In either case, statements by two apostles and other close associates no doubt undermined the Prophet's reputation, gave some Saints cause to leave the church, and hastened the church's departure from Kirtland.

The basic primary sources are the Painesville Telegraph, May 26 and June 9, 1837. Also see Legal History, 55–56, 393n17.

Grandison Newell	Among non-Mormons of the Kirtland period, Joseph Smith's arch-enemy was Grandison Newell. A prosperous farmer and businessman from Mentor, two miles from Kirtland, later bragged he spent $1,000 in court actions against Mormons in 1837.	Sidney Rigdon , 190n48.
Mentor bank suit	In February 1837 Samuel D. Rounds, acting on Newell's behalf, filed a complaint against Joseph Smith and Sidney Rigdon for illegally purchasing the Mentor, Michigan bank. State law provided that only corporations could own banks. The matter was scheduled for the fall session of the court.
Murder conspiracy	Then in May, Newell charged Joseph with attempted murder. According to Newell, Joseph had conspired with Solomon Denton and a Mr. Davis to murder him. In a letter to the editor of the Painesville Telegraph he wrote,	One of the charges sustained against Oliver Cowdery in April 1838 was involvement in a counterfeiting ring with Davis, John Boynton, Warren Parrish, and Burton H. Phelps.
Joseph's assassins lay in wait with loaded weapons but changed their minds	two of the saints of the latter-day, by concert, and under the express direction of the prophet, this high priest of Satan, met in the night, at a little distance from my house, with loaded rifles, and pistols, with a determination to kill me. But as they drew near the spot where the bloody deed was to be performed, they trembled under the awful responsibility of committing a murder, a little cool reflection in darkness and silence, broke the spell of the false prophet—they were restored to their right minds, and are now rejoicing that they were not left to the power of the devil and co-adjuter Smith, to stain their souls with a crime so horrible.
Preliminary hearing June 3	The preliminary hearing was held on June 3 in the Painesville Methodist church, Justice Flint presiding. The witnesses were as follows:	The Painesville Telegraph, on which we must rely for the details of the evidence presented, does not distinguish between what was presented at the preliminary hearing and at the trial.
Prosecution witnesses Solomon Denton, Warren Parish, Luke S. Johnson, Orson Hyde	For the prosecution—Solomon Denton, an alleged co-conspirator; Warren Parrish, the Prophet's scribe and treasurer of the Kirtland Safety Society Anti-Banking Company; and Luke S. Johnson and Orson Hyde, apostles.
Defense witnesses Hyrum Smith, Sidney Rigdon, Reynolds Cahoon	Defense witnesses included Hyrum Smith, Sidney Rigdon, and a Mr. Cahoun (presumably Reynolds Cahoon).
Denton: Joseph directed Davis and confirmed conspiracy	Denton and Davis had worked with Joseph, Sidney, and Oliver Cowdery in the Kirtland printing office. Denton testified that in April or May, Davis (otherwise unknown) approached him about killing Newell at the Prophet's behest. After borrowing a pistol from Sidney Rigdon, Joseph told Denton, "I know where you are going and what your business is," and that
God's will to put Newell out of the way	he had seen Davis and told him I would be a good hand to go with him, said this was a good work, And we must be very wise; then spoke of Newell, said he had injured the society, and that it was better for one man to suffer than to have a whole community disturbed; that it was the will of Heaven that Newell should be put out of the way.
Hyde: Joseph said Newell should be put out of the way	Orson Hyde testified that when rumors circulated that Newell might sue at the foundering Kirtland Safety Society, Joseph "seemed much excited and declared that Newell should be put out of the way, or where the crows could not find him; he said destroying Newell would be justifiable in the sight of God, that it was the will of God, &c."	As early as 1823 Orson Hyde worked six months for Newell in a small iron foundry. ¶ History of Orson Hyde
Attests to Joseph's character	However, he also said that Joseph later apologized for using such language, he had "never heard Smith use similar language before," and believed him to be "possessed of much kindness and humanity towards his fellow beings."
Johnson: Joseph said Newell should be put out of the way if he led a mob But he is tender-hearted and humane	Luke Johnson also heard him say "if Newell or any other man should head a mob against him, they ought to be put out of the way and it would be our duty to do so." Like his fellow apostle, however, Luke described Joseph as "a tender-hearted, humane man."
Parrish: Newell's name was mentioned at bank	Of all prosecution witnesses, Warren Parrish was the closest to the Prophet, serving as both his personal scribe and treasurer of the Anti-Banking Company. surprised everyone when he would only say that Newell's name had been mentioned several times at the bank.	The Kirtland Safety Society Anti-Banking Company was also referred to by its original name, the Kirtland Safety Society, and described as a mutual stock association, firm, company, and bank. Warren was also referred to as the bank's cashier or teller.
Parrish's character	Moreover, when asked "whether he knew anything 'in the character or conduct of Mr. Smith which is unworthy his profession as a man of God,' he answered—"'I do not.'"	Comprehensive History , 1:405.
Possible motivations	The Elder's Journal, edited by the Prophet, later concluded Parrish was afraid he would be caught in a lie. But it is also possible he was not ready to break with the Prophet or feared retaliation.	¶ Argument to Argument … Scorn to Scorn.
Sidney: Davis and Denton consped, but Joseph was not involved Reynolds: Agree with Sidney	Sidney heard Denton and Davis planning to murder Newell two years earlier, but he had no reason to believe Joseph was involved, adding that Davis had "never been strictly subservient to the rules of the society." Cahoun supported Rigdon's testimony.
Hyrum: Heard Denton planning murder but Denton denied it	Hyrum testified he overheard Denton discussing the plot and confronted him, but Denton denied it.
Denton's testimony insufficient	Denton's testimony was damaging but legally insufficient. What Joseph allegedly told Davis was hearsay, and Davis did not testify. What Joseph allegedly told Denton was uncorroborated and vague enough to leave doubt as to Joseph's specific intent. Moreover, Denton apparently failed to support Newell's assertion that the he and Denton had taken any significant action to commit the deed.
$500 bond	Nevertheless, Judge Flint bound Joseph over for trial. Bail was set at $500, which was promptly paid.
	The next day, June 4, Joseph, Sidney, and Hyrum were setting apart Heber C. Kimball for his mission to England, when Orson Hyde unwittingly entered the room.	History of the Church, 2:489–490. According to this account, Heber was set apart—in the next sentence the act is referred to as "ordaining"—"on or about the first of June, 1837 … by the … laying on of hands, of the First Presidency. " However, in his diary Heber wrote he was set apart on June 4. cited in Heber C. Kimball, 41. ¶ History of Heber C. Kimball
Orson repents, set apart for mission	Upon listening to what was passing, his heart melted within him, (for he had begun to drink of the cup filled with the overflowings of speculation), he acknowledged all his faults, asked forgiveness, and offered to accompany President Kimball on his mission to England. His offer was accepted, and he was set apart for that purpose.
	The ease with which Joseph forgave those who had wronged him is well known, but it seems more might have been required if Orson had actually borne false witness against the Prophet. More likely his "fault" was in testifying for the prosecution, even though his testimony was truthful, or at least true to his recollection; his "speculation," that of misjudging the Prophet's intentions.
Trial June 9	In any case, the trial was held June 9 in the county court, Justice Humphrey of the Court of Common Pleas presiding. The result was, according to a newspaper reporter,
Thirteenth prosecution Not guilty in all cases Persecution	the entire acquittal of Joseph Smith, Jr. of the charges alleged against him. This is said to be the thirteenth prosecution which has been instituted against Joseph Smith, Jr. for the prejudice against him, he has never in a single instance been convicted, on a final trial. This fact shows on the one hand, that a spirit of persecution has existed, and on the other hand it certainly furnishes some evidence that he has for some reason, been falsely accused, and that he is indeed and in truth better than some of his accusers.	"That he is indeed and in truth better than some of his accusers" is mostly a dig at Newell who seems to have made a career of suing the Saints and Joseph in particular.
Weak evidence	I attend the trial and took down the evidence, but was much surprised to find that no testimony appeared, on which, any reliance could be placed, that went in the least degree to crimination the respondent, but rather to raise him in the estimation of men and candor.
	Off-site links: For Dale Broadhurst's introduction to the subject, Crisis at Kirtland IV, Introduction; his analysis of sources is at Crisis at Kirtland.	Articles Home