Joseph Smith, the founder of the Latter Day Saint movement, was the subject of approximately twenty-one documented criminal cases between 1826 and 1844 across New York, Ohio, Missouri, and Illinois.
In New York, Smith was repeatedly charged with being a "disorderly person", a misdemeanor related to his activities as "seer". These cases resulted in one disputed outcome followed by two acquittals.
Charges in Ohio included assault, battery, and conspiracy to murder. Smith was acquitted of the assault charge, while the conspiracy charge was dismissed in a preliminary hearing.
Following the 1838 Mormon War in Missouri, Smith was indicted for treason, a capital offense. He was incarcerated in Liberty Jail for several months before escaping custody during a transfer to a different county. Smith successfully used the writ of habeas corpus to quash multiple extradition attempts to Missouri from Illinois.
In 1844, he was charged with adultery for his practice of polygamy. After Smith ordered the destruction of a critical newspaper, he was charged with inciting a riot. Rather than submit to arrest, Smith declared martial law and mobilized the Nauvoo Legion. In response, the Governor mobilized the state militia. Smith surrendered to authorities, expecting to be released on bail. Instead, Smith was charged with treason against Illinois for calling out the Legion. Because treason was a capital crime, Smith was held without bail in Carthage Jail, where he was killed by a mob on June 27, 1844, leaving several indictments legally unresolved.
Chronology of charges
In New York (1817–30)
Smith was born in Vermont in 1805, and his family moved to New York in 1817. At age 20, Smith—described in court records as "Joseph the glasslooker"—faced his first criminal charge, a misdemeanor count of being a "disorderly person". In 1830, he faced the same charge. Smith left New York for Ohio.
Brawling with William Stafford While in New York, Smith may have faced charges stemming from a violent encounter with neighbors. Neighbor William Stafford recalled: "a dispute arose between us, (he having drinked a little too freely) and some hard words passed between us, and as usual with him at such times, was for fighting. He got the advantage of me in the scuffle, and a gentleman by the name of Ford interfered, when Joseph turned to fighting him. We both entered a complaint against him and he was fined for the breach of the Peace".Vogel p.87 In 1843, Smith corroborated the claim, recalling a time when Stafford and "six other fellows pitched upon him [Joseph] unawares. Joseph whipped the whole of them and escaped unhurt which they swore to as recorded in Hurlburt's or Howe's Book." Quinn notes: "Not surprisingly, the official History of the Church, published in Salt Lake City, deleted this passage from the prophet's personal journal, which endorsed the accuracy of affidavits by his Palmyra neighbors".
1826 Trial of Joseph Smith The State of New York v. JS-A was a case in Bainbridge, Chenango County, New York brought against Joseph Smith for being a disorderly person, on account of charging money for glass looking. On March 20, 1826, Smith, age 20, was arrested by Constable Philip De Zeng and taken to court in Bainbridge, New York, on the complaint of Josiah Stowell's nephew, who accused Smith of being "a disorderly person and an imposter.". An anonymous writer claimed to have been given access to an account of court proceedings, which was published in Fraser's Magazine during 1873:
In 1838, Joseph Smith stated that he had, in fact, worked for Josiah Stowell but Smith avoided mentioning the court hearing and downplayed his role by claiming to be a mere bystander. Smith said that Stowell had heard of a lost Spanish silver mine near Harmony, Pennsylvania, and wanted to find it. According to Smith, Stowell: "took me, with the rest of his hands, to dig for the silver mine, at which I continued to work for nearly a month, without success in our undertaking, and finally I prevailed with the old gentleman to cease digging after it. Hence arose the very prevalent story of my having been a money-digger."Brodie, p.20
Examined by the Justice, Joseph Smith Jr., Joseph Stowell, and Joseph Smith Sr. all acknowledged Joseph Jr. had a stone he looked at in order to find lost treasure. While the testimony actually implicated Smith as a "glass-looker", Vogel argues multiple points would have suggested leniency in the case. Smith was a minor, only 20 years of age, with his father present as a character witness. Smith had not solicited business as a seer but had instead been recruited to the job by the elder Stowell. Smith did not stand accused of fraud, Josiah Stowell spoke in Smith's defense, and Smith expressed a willingness to discontinue looking into the stone. While the outcome of the case is uncertain, Joseph Smith was freed and allowed to return home. While rumors decades later suggested he might have escaped custody, Vogel dismisses them; Joseph would revisit Bainbridge in the coming years—something he could not do were he a fugitive.Vogel - Joseph Smith's 1826 Trial
Disorderly person, June 1830 After publishing the Book of Mormon, Smith was charged with violating the state's disorderly person statute, which included "pretending to tell fortunes, or where lost or stolen items may be found." Constable Ebenezer Hatch arrested Smith on the night of June 30, 1830, and brought him the next day before Justice Joseph P. Chamberlin on a charge of being a disorderly person. Smith was transported to South Bainbridge, Chenango County, New York. His two-day trial took place in late June, ending on July 1, 1830, and he was defended by two attorneys hired by Joseph Knight.Vogel 2004, p.510-514
Smith pled the statute of limitations, since it had been over three years since his 1826 arrest. After the prosecution argued Smith had continued looking into the stone, Cowdery testified that Smith had not used the stone but had instead used "two transparent stones, resembling glass, set in silver bows". Vogel argues this testimony demonstrates "Cowdery’s willingness to alter history", as eyewitnesses uniformly report Smith had actually used the seer stone in a hat during the dictation process.Vogel 2023, p260
Smith was acquitted. Immediately after his release, however, he was arrested again and transported back to Colesville, Broome County, New York, for a second trial; he was acquitted again.Vogel 2004, p.514-518
In Ohio (1831–38)
In Ohio, Smith faced numerous charges, including charges of assault, illegal banking, and banking fraud. In 1838, he fled Ohio for Missouri.
Assault on Calvin Stoddard, April 1835 State of Ohio v. JS for Assault and Battery was a trial against Joseph Smith for the alleged assault and battery of Calvin Stoddard in Kirtland, Ohio. On April 21, 1835, Smith was charged with assaulting his brother-in-law Calvin, husband of Smith's sister Sophronia.Brodie p.164Vogel 2023, p.279 Earlier that day, the two men had entered a physical altercation over water on a plot of land. Witnesses testified that Joseph Smith knocked Stoddard to the ground and hit him (witnesses vary on the number of times). Some witnesses testified that Stoddard used a cane to threaten Smith, which Stoddard denied.
On June 16, 1835, a grand jury in the Geauga County Court of Common Pleas indicted Joseph Smith for using "force and arms" against Stoddard. Smith pleaded "guilty, unless the Court on hearing the evidence adduced shall be of opinion that he is not guilty." All parties agreed to move forward to trial without a jury.
On June 20, 1835, Judge Matthew Birchard determined Joseph Smith was not guilty. According to the Telegraph report, Stoddard testified that: "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 afterwards came to him and asked his forgiveness— was satisfied— had forgiven him— would forgive any man who would injure him and ask his forgiveness." The Telegraph report explains that Birchard made this decision because "the injured party was satisfied" and because "the assault might perhaps be justified on principles of self-defence".
Assault on visiting minister, Autumn 1836 In the fall of 1836, a minister who had known Joseph Smith Jr. back in New York was Smith's guest at his home in Kirtland. During the visit, Smith reportedly assaulted the minister.Vogel 2023, p.14 According to constable Luke Johnson, the minister visited the local magistrate and swore out a writ against Joseph for assault and battery. After Constable Johnson swore out a writ of his own, the minister reportedly fled the county.
On January 1, 1843, Joseph Smith recalled the anecdote of him beating the minister: "I whipped him till he begged. He threatened to prosecute me. I sent Luke Johnson the constable after him and he run him out of the County".Bushman p. 619
Conspiracy to murder Grandison Newell, June 1837 State of Ohio v. JS for Threatening to Take Life was an 1837 trial brought against Joseph Smith over his alleged threats to kill local opponent Grandison Newell. According to Newell, Smith had conspired with Solomon Denton and Marvel C. Davis to murder him for Newell's impugning the integrity of the founders of the Kirtland Safety Society.Brodie p.203 After Newell filed this complaint on April 13 1837, Smith fled the state and stayed with Martin Harris in Palmyra, New York.Vogel 2023,p 204 "On April 13, Wilford Woodruff and Phebe Carter were married in Joseph’s home. The couple had expected the prophet to solemnize their marriage, but Joseph was on the lam. Grandison Newell had sworn a complaint before a Painesville justice of the peace that Joseph had threatened to kill him. (A court eventually acquitted the prophet of the charge.)"
On June 3, Smith appeared before Justice Flint in a preliminary hearing. Orson Hyde testified: "Smith 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". Denton testified that he, along with Davis, were tasked with murdering Newell. According to Denton, Smith spoke of "Newell; said he had injured the society, and that it was better for one man to suffer than to have the whole community disturbed; that it was the will of Heaven that Newell should be put out of the way, and that he would take the responsibility, for the deed was justifiable in the sight of God, and would be rewarded: but when we had killed him, he wanted his body secreted if possible."Bushman, p.337 Smith was released on a $500 bond (.)
On June 9, Smith appeared at a hearing before the County Court, and the charges against him were dismissed.Bushman, p.337: