In 1961, Hugh W. Nibley, professor of history and religion at Brigham Young University wrote to the publisher of the court record, Daniel S. Tuttle: If this court record is authentic, it is the most damning evidence in existence against Joseph Smith” Nibley, Hugh. The Myth Makers. Salt Lake City: Bookcraft. 1961. p.142.
1826 Bainbridge trial proceedings source: Emily Pearsall from Bainbridge, NY. She is said to have brought with her from Bainbridge a record of the “examination” that she tore from her uncle,60 Judge Neely’s docket book. 61. After her death on November 5, 187262 Tuttle inherited the record. He later gave the record to the Methodists, after which it was lost. The account was published four times.) This is the account published in Fraser’s Magazine. It was published as part of the text of an article entitled, “The Original Prophet,” which was signed with the initials “C. M.” The author is presumably Charles Marshall, who had published other articles in the same magazine previously based on his 1871 visit to Utah. Mr. Marshall claimed in the publication, “The original papers were lent me by a lady of well-known position, in whose family they had been preserved since the date of the transactions.” This woman is assumed to be Ms. Pearsall.
The account reads as follows:
People of State of New York vs. Joseph Smith. Warrant issued upon oath of Peter G. Bridgman, who informed that one Joseph Smith of Bainbridge was a disorderly person and an impostor. Prisoner examined. Says that he came from town of Palmyra, and had been at the house of Josiah Stowel in Bainbridge most of time since; had small part of time been employed in looking for mines, but the major part had been employed by said Stowel on his farm, and going to school; that he had a certain stone, which he had occasionally looked at to determine where hidden treasures in the bowels of the earth were; that he professed to tell in this manner where gold-mines were a distance under ground, and had looked for Mr. Stowel several times, and informed him where he could find those treasures, and Mr. Stowel had been engaged in digging for them; that at Palmyra he pretended to tell, by looking at this stone, where coined money was buried in Pennsylvania, and while at Palmyra he had frequently ascertained in that way where lost property was, of various kinds; that he had occasionally been in the habit of looking through this stone to find lost property for three years, but of late had pretty much given it up on account its injuring his health, especially his eyes — made them sore; that he did not solicit business of this, kind, and had always rather declined having any thing to do with this business. “‘Josiah Stowel sworn. Says that prisoner had been at his house something like five months. Had been employed by him to work on farm part of time; that he pretended to have skill of telling where hidden treasures in the earth were, by means of looking through a certain stone; that prisoner had looked for him sometimes, — once to tell him about money buried on Bend Mountain in Pennsylvania, once for gold on Monument Hill, and once for a salt-spring, — and that he positively knew that the prisoner could tell, and professed the art of seeing those valuable treasures through the medium of said stone: that he found the digging part at Bend and Monument Hill as prisoner represented it; that prisoner had looked through said stone for Deacon Attelon, for a mine — did not exactly find it, but got a piece of ore, which resembled gold, he thinks; that prisoner had told by means of this stone where a Mr. Bacon had buried money; that he and prisoner had been in search of it; that prisoner said that it was in a certain root of a stump five feet from surface of the earth, and with it would be found a tail-feather; that said Stowel and prisoner thereupon commenced digging, found a tail-feather, but money was gone; that he supposed that money moved down; that prisoner did offer his services; that he never deceived him; that prisoner looked through stone, and described Josiah Stowel’s house and out-houses while at Palmyra, at Simpson Stowel’s, correctly; that he had told about a painted tree with a man’s hand painted upon it, by means of said stone; that he had been in company with prisoner digging for gold, and had the most implicit faith in prisoner’s skill. “‘Horace Stowel sworn. Says he [seen] prisoner look into hat through stone, pretending to tell where a chest of dollars were buried in Windsor, a number of miles distant; marked out size of chest in the leaves on round. “‘Arad Stowel sworn. Says that he went to see whether prisoner could convince him that he possessed the skill that he professed to have, upon which prisoner laid a book open upon a white cloth, and proposed looking through another stone which was white and transparent; hold the stone to the candle, turn his back to book, and read. The deception appeared so palpable, that went off disgusted. “‘McMaster sworn. Says he went with Arad Stowel to be convinced of prisoner’s skill, and likewise came away disgusted, finding the deception so palpable. Prisoner pretended to him that he could discern objects at a distance by holding this white stone to the sun or candle; that prisoner rather declined looking into a hat at his dark-colored stone, as he said that it hurt his eyes. “‘Jonathan Thompson says that prisoner was requested to look Yeomans for chest of money; did look, and pretended to know where it was, and that prisoner, Thompson, and Yeomans went in search of it; that Smith arrived at spot first (was in night); that Smith looked in hat while there, and when very dark, and told how the chest was situated. After digging several feet, struck upon something sounding like a board or plank. Prisoner would not look again, pretending that he was alarmed the last time that he looked, on account of the circumstances relating to the trunk being buried came all fresh to his mind; that the last time that he looked, he discovered distinctly the two Indians who buried the trunk; that a quarrel ensued between them, and that one of said Indians was killed by the other, and thrown into the hole beside of the trunk, to guard it, as he supposed. Thompson says that he believes in the prisoner’s professed skill; that the board which he struck his spade upon was probably the chest, but, on account of an enchantment, the trunk kept settling away from under them while digging; that, notwithstanding they continued constantly removing the dirt, yet the trunk kept about the same distance from them. Says prisoner said that it appeared to him that salt might be found at Bainbridge; and that he is certain that prisoner can divine things by means of said stone and hat; that, as evidence of fact, prisoner looked into his hat to tell him about some money witness lost sixteen years ago, and that he described the man that witness supposed had taken it, and disposition of money. “‘And thereupon the Court finds the defendant guilty.”
(New Schaff-Herzog Encyclopedia of Religious Knowledge, New York, 1883, Vol. 2, page 1576)