Minutes of June 28, 1838

Minutes of June 28, 1838
Case of a man who speaks harshly to his children, says Bishop Partridge is corrupt, and contests division of timber among partners. Council overturns bishop's decision to disfellowship him.
Date	June 28, 1838	FWR, 190 –194.
Location	Far West
Description	The High Council of Zion met …
President	Thomas B. Marsh
Clerk	Not named
Council	Simeon Carter Jared Carter Harlow Redfield John P. Greene Levi Jackman Solomon Hancock Isaac Higbee Newel Knight John Killion George W. Harris Elias Higbee John Murdock	Arranged in order of numbers drawn. Original; Green
Open	Sing "Now Let Us Rejoice in the Day of Salvation," prayer by President David W. Patten (h).
Committee on public houses	Clerk reads report of Daniel Shearer and Benjamin Benson, committee assigned to inform the keepers of "publick houses and groceries" of "the determination and desires of the spiritual authorities of this Stake to improve the moral condition of the same."	¶ Minutes of June 23, 1838
	Joseph Smith Jr. and J. Burke and their families are perfectly willing to abide by the request. Adam Lightner, grocer, also agreed not to sell "ardent spirits" if so requested.
Samuel Kimball vs. Emmett, Butler, Hendrix	Samuel Kimball's charge against James Emmett, John L. Butler, and James Hendrix is read. They allegedly forbid him "to commune under a pretence that I was not a member," tried to defraud him "in deal," and for lying, slander, etc.	The charge is dated April 23, 1838. James Emmett was had been disfellowshipped in May 1837 and was reinstated May 22, 1837. ¶ Minutes of May 22, 1837
Counselors assigned to speak	Simeon Carter speaks for Samuel and Don Carlos Smith, "pro. tem.," speaks for the accused.
Testimony for prosecution Thieves in the church Knows by spirit	Simeon Gardner: heard James Emmett preach that there were thieves in the church, that he would forbid some from partaking of the sacrament, and would name names at some future time. He intimated that he knew this by the spirit. Later he heard Emmett forbid Samuel Kimball to partake of the sacrament.
Testimony confirmed	H. Gardner: Emmett taught that he knew by the spirit that there were thieves in the church and he would name them. The following Sunday Emmett said that there was theft in Kimball's family and forbid Samuel from partaking of the sacrament. Gardner knows nothing against either party.	¶ Minutes of June 29, 1838
Kimball kept children from church, spoke against Butler and Hendrix	Charity Butler: Emmett said Kimball prevented his boys from attending meetings, the brethren should keep their children away from Kimball's. She heard Samuel Kimball "speak hard against John Butler and James Hendrix, but his family was respectable people."
Timber partners	Julia Hendrix: her husband and James Emmett had "a forty of land" and agreed to share the timber equally. Kimball and Butler also had "a forty apiece" on the same terms but "does not know as they have divided the timber." She attended a meeting where the members disfellowshipped Kimball.
Committee divided timber Emmett forbade Kimball for non-compliance with bishop	Isaac Higbee, one of the company appointed to divide the timber among the four after they had been to the Bishop: the four seemed satisfied with the division, and "they justified Kimball instead of criminating him." He heard Emmett forbid Kimball to partake of the sacrament, because, he understood, Kimball "did not comply with the Bishop's decision."
	Simeon Gardner supports Higbee's testimony.
Second session	After an hour's intermission, the council sings "The Spirit of God Like a Fire Is Burning," and President Patten offers prayer.
Counselors to speak	Harlow Redfield is appointed to speak for the accuser, John P. Green for the accused.
Butler charges Kimball	J. L. Butler presfers a charge against Samuel Kimball for slander, destruction of property, and "rendering his family unhappy." Charge is dated June 28.	¶ Minutes of June 29, 1838
Kimball calls own family lazy	Julia Hendrix: heard Kimball "call his family lazy & trifling &c."
Won't consecrate to Partridge	Charity Butler: heard Kimball say he "would never consecrate to Bishop Edward Partridge," and that he called his children lazy.
Says bishop is corrupt	Malinda Porter: heard Kimball scold children, call Emmett and Butler "rascals, villians, scape gallows, &c.," and say the bishop "would counsel for hire" and "judge for reward."	¶ Minutes of June 29, 1838
Bishop prejudiced	Jerome Benson: heard Kimball say the bishop gave "a partial decision in his case."
Treats family harshly Provides for them Teaches children	Lavina Gardner: Kimball scolds his family harshly, threatens to leave if they don't obey him, says he doesn't care if they starve, that they are "priestridden" because they attend meeting when Emmett and Butler take the lead. Also testifies that he is very industrious, provides for family as well as he can, teaches children to act in righteousness.
Fretful when discouraged Children won't help enough	Rebecca Kimball: father is "rather fretful," mostly when he gets discouraged about supporting the family and the children don't help him as much as they should. He teaches children to be industrious.
Council cancels disfellowshipment	Council: bishop's decision was "illegal, consequently, null and void, and therefore that Samuel Kimball was a member of the Church."	A rare occasion—higher court overturns decision
Adjourn	After remarks by counselors and plaintiff, council adjourns to tomorrow.
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