Council of April 13, 1838

Minutes of April 13, 1838

Excommunication of Lyman E. Johnson § and David Whitmer §. Both are accused of supporting Kirtland dissenters, not observing the Word of Wisdom, not attending church meetings, and neglecting duties. Lyman is also charged with vexatious law suits, lying, stealing, speaking against Joseph and the Smith family, etc. Neither attends but sends a letter withdrawing from the church.
Date	April 13, 1838	FWR, 171–177.
Location	Far West
Description	… High Council of Zion met …
Presidents	Thomas B. Marsh (h) David W. Patten (h), Brigham Young
Clerk	Ebenezer Robinson
Council	Simeon Carter Jared Carter Thomas Grover John P. Green Levi Jackman Solomon Hancock George Morey Newel Knight George M. Hinkle George W. Harris Elias Higbee John Murdock	Arranged in order of numbers drawn.
Open	Singing and prayer by President David W. Patten.
Charges against Lyman	Alanson Ripley submits seven charges against Lyman E. Johnson (h).
Vexatious lawsuits	1st, For persecuting brethren by stiring up people to prosecute them, and urging on vexatious lawsuits against them and thereby bringing distress upon the innocent.
Supports Kirtland dissenters	2nd For virtually denying the faith of the Church of Christ of Latter Day saints, by vindicating the cause of the enemies of this Church, who are dissenters from us, now in Kirtland,
Calls proceedings illegal	and speaking reproachfully of the Church and High Council, by saying their proceedings were illegal and that he never would acknowledge them to be legal, these assertions were without foundation and truth,
Skips meetings, prayers, Word of Wisdom	also, treating the Church with contempt by absenting himself from meetings on the sabbath, by not observing his prayers in the season thereof and by not observing the word of wisdom.
Spreads rumor of Joseph's debt	3rd. For seeking to injure the character of Joseph Smith jr. by reporting that he had a demand against him of one thousand dollars, when it was without foundation in truth.
Beating Phineas Young	4th For laying voilent [sic] hands on our Brother Phineas Young, and by kicking and beating him, thereby throwing contempt on the Church of Christ of Latter-day Saint in Missouri.
Threaten to take suit out of county	5th. And by saying that he would appeal the suit between him & Brother Phineas Young and take it out of the County, saying that he could not get justice done him, thereby speaking reproachfully of the authority of Caldwell County.
Lying	6th For telling a falshood.
Theft of property	7th For taking whiskey and making Weldon drink & then cheating him out of his property.
Lyman's response	John Murdock reads Lyman E. Johnson (h) letter of April 12, 1838
Charge 5 unconstitutional	Sir Yours of the 9th inst. containing a copy of six charges preferred, before the Council by A. Ripley, against me has been received, and it appears to me to be a novel document assuming a right to compel me under pain of religious sensure and excommunication not to appeal a lawsuit or change the venue of the same in which I am interested, without the consent of a religious body. [Charge 5.]
Will not respond until 5 is withdrawn Withdraws from church	… I should not condescend to put my constitutional rights at issue upon so disrespectful a point; as to answer any other of those charges until that is withdrawn & untill then shall withdraw my self from your society and fellowship.
Speakers	The case is not considered difficult so only two speakers are assigned, Thomas Grover for the church, and John P. Green for the defendant.	Their remarks are not recorded.
Lawsuits, false statement	George M. Hinkle: knows Lyman has actively urged lawsuits; and Lyman told him that he had a note against him (Hinkle) from Clay county. George knew that to be false, "as he had no note of the description, therefore, he had lied."
Tries to steal land	Thomas Grover: Lyman tried to lay claim to some land that he knew was owned by Mr. Gilbert.
Lies about note against Joseph	Alanson Ripley: Lyman had been told there was a claim on that land. Also, heard Lyman say he had a note against Joseph.
Tries to steal land from the poor	Simeon Carter: Lyman asked if there was any land available. Simeon told him only some that poor brethren had a claim on, "and that he must not enter that, as it was contrary to the decision of the High Council." But Lyman entered "a forty upon which one of the brethren had made some improvement."
Sues member	Arthur Morrison: Lyman was Mr. Bennor's attorney in the suit against George M. Hinkle and "took a very active part in the case."
Claims council illegal Word of Wisdom Skips family prayers Speaks against Smith family Supports Kirtland dissenters Etc.	David W. Patten (h): Lyman told him several times "that while God sat upon his throne or his face the color it now was, he would never sanction the proceedings of the High Council in this place, because he said they were illegal;" he would not attend council; while he lived at the Patten home he used tea and coffee and did not attend family prayers; tried to persuade brethren against the Smith family; corresponded with the Kirtland dissenters and tried to justify them; spoke against the First Presidents of the church; made light of the word of wisdom; and claimed he had a thousand dollar against Joseph.
Joseph's testimony against Lyman	[Joseph Smith Jr.: Lyman] vindicated the cause of the dissenters, both in publick and private and spoke against the Saints while in Kirtland, … say that while God sat upon his throne and his face was the color itnow was he never would sanction the proceedings of the Church and Council … told him he had a thousand dollar note against him (J. Smith) which was not the case but the note which he pretended to have was one given to Joseph Smith jr while acting as cashier in the Kirtland Bank.
Drinks brandy	Absolom Scritchfield: Lyman visited Mr. Musick's tavern and drank liquor, brandy.
Neglects Sunday meetings	George W. Harris: Lyman neglects Sabbath meetings.
	Council adjourns for an hour.
Seriously beat Phineas Young	Brigham opens with prayer, then testifies that his brother, Phineas, went to [John P.] Green's a few mornings ago, "with his head cut the blood running out of his ears, also his stomach was injured." Phineas proved in court that Lyman had caused his injuries.
	John P. Green corroborates Brigham's testimony.
Justifies the beating by accusing Phineas of lying	Dimick B. Huntington: Lyman said he gave Phineas "a pounding, because he had given him the lie, and if any other man should give him the lie, he would not promise that he would not get the same sauce," and that he wouldn't mind a $5 fine but if higher, he would seek a change in venue and take it out of the county.
Plans to seek change in venue	David W. Patten (h): Before the judgement was rendered, Lyman said he would seek a change in venue.
	George Morey: Before the judgement was rendered, Lyman told him he intended to get bail and a change of venue.
Avoids paying steamboat fares	Thomas B. Marsh (h): Lyman said "that he had learned the nack of traveling on Steam Boats without paying his fare, by slipping from place to place in the Boat when they were calling for the fare" and saying he had already paid when he had not.
Lies about note to Father Smith	Edward Partridge: When he tried to buy a lot for Father Smith, "he turned out a note against Lyman E. Johnson (h), which he rather declined paying at the first presentation, but afterwards said, he had paid taken it up [sic] when he had, therefore, told a falshood."
Buys Weldon's farm after getting him drunk	George M. Hinkle: When Lyman returned from the North, they went to buy Weldon's farm. "Before we got there, as we understood, he was fond of liquor, so we got some, lumborum (as Bump called it) and went to Mr Weldon's and got him tolerably well shaved, before we introduced the trade." Then they bought his large farm "with great improvements," 500 hogs, horses, cattle, sheep, plows, etc., for $2,250.
	Thomas B. Marsh "concurs with the above testimony," also David W. Patten.
Lyman excommunicated	Counselors speak, then president decides
	that Lyman E Johnson be no longer considered a member of the Church of Christ of Latter Day Saints, nor a member of the quorum of the twelve Apostles of the Lamb and also be given over to the buffetings of Satan untill he learns to blaspheme no more against the authorities of God.
Charges against David Whitmer	Alonson Ripley charges David Whitmer with:
Word of Wisdom Meetings Supports Kirtland dissenters	Charge. First. For not observing the word of wisdom, for unchristian-like conduct in neglecting to attend to meetings, in uniting with and possessing the same spirit with the Dissenters, in writing to the Dissenters in Kirtland unfavorable to the cause and to Br Joseph Smith jr.
Neglects duties	3rd For neglecting {his} the duties of his calling.	Charge 2 is missing (or misnumbered).
Separates himself	4th For separating himself from the cause and the Church while he has a name among us.	Charge 2 is missing (or misnumbered).
Insults council	5 For signing himself President of the Church of Christ in an insulting letter to the High Council.
David's written reply	David's letter of April 13, 1838 to John Murdock is read:
Illegal councils	You sir with a majority of this Church have decided that certain Councils were legal by which it is said I have been deprived of my office as one of the Presidents of this Church I have thought and still think they were not agreeable to the revelations of God, which I believe and by my now attending this Council, and aswering [sic] to charges as a High Priest, should be acknowledging the correctness and legality of those former assumed Councils, which I shall not do. …
David withdraws	I hereby withdraw from your fellowship and communion—choosing to seek a place among the meek and humble, where t revelations of Heaven will be observed and the rights of men regarded.
No investigation David not worthy	Council decides it is not necessary to investigate the case. Counselors speak "warmly of the contempt offered to the Council," concluding he is "not worthy a membership in the Church."
David excommunicated	President Marsh (h) makes a few remarks, then renders the decision that David "be no longer considered a member of the Church of Christ of Latter day Saints."
Oliver off committee	Council votes Oliver off the commitee to find locations for gathering the Saints.
Joseph closes	Joseph offers benediction.
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