Lucy Harris vs. Joseph Smith: The 1829 Proceedings - Courts in Context

September 29, 2010
by Tim Barker

PART ONE

In my original posting on this subject, I stated that the circumstantial evidence available had led me to preliminarily conclude that Judge Alexander R. Tiffany was the magistrate who dismissed the Lucy Harris case against Joseph Smith, and that the case was held on Tuesday, May 26, 1829.  The purpose of this post is to explore the New York legal environment in 1829, and identify pertinent laws, as well as identities of judicial characters from this period that may be relevant to this case.  Additionally, the motives behind Lucy's suit will be explored and her explanation of the case will be assessed in light of relevant New York Statutes. In assessing this history, we will better understand the context of the Lucy Harris case. My preliminary conclusion will be revised where necessary based on the results of any pertinent findings.

Lucy Harris vs. Joseph Smith: The 1829 Proceedings - Lucy Smith's Narrative

PART TWO

Sketch of Lucy Smith.46

The Lucy Mack Smith Account

The only known source to discuss these proceedings was Lucy Mack Smith's family biography. She records that Lucy Harris' purpose in pursuing the case was to prevent her husband Martin from visiting Joseph Smith, and to "bring Joseph into difficulty, which would perhaps hinder him from ever accomplishing the work in which he was engaged." Her method for achieving these results consisted of proving that "Joseph never had the Record which he professed to have, and that he pretended to have in his possession certain gold plates, for the express purpose of obtaining money." To prove that Joseph did not have the plates and that he was trying to obtain money, Lucy went from house to house until she obtained a sufficient number of witnesses to serve her purposes. "Having ascertained the number and strength of her adherents, she entered a complaint against Joseph, before a certain magistrate of Lyons." Additionally, she had "made affidavit to many things herself, and directed the officers whom to subpoena," including her husband Martin. Lastly, she "sent word to Lyman Cowdery, requesting him to come thither, prepared to go post haste to Pennsylvania, (provided the decision should be given against Joseph), to assist the officers in securing and confining him in prison." Lucy Smith indicates that Lyman Cowdery answered the call immediately.47

Lucy Harris vs. Joseph Smith: The 1829 Proceedings - The Legal Details

PART THREE

The Legal Details

Lucy's case was based on proving that "Joseph never had the Record which he professed to have, and that he pretended to have in his possession certain gold plates, for the express purpose of obtaining money."69 If Lucy could prove this in court, Joseph could face jail time in a state prison. The New York statutes stated, that "whoever, with intent to defraud another, designedly, by colour of any false token or writing, or other false pretence, obtains any signature of any person to any written instrument, or obtains from any person any money or valuable thing, is punishable in a state prison not exceeding three years, or in a county jail not exceeding one year, or by a fine not exceeding three times the value of the money or thing so obtained, or by both such fine and imprisonment."70 The allegation fell under the status of being a criminal charge.

Lucy Harris vs. Joseph Smith: The 1829 Proceedings - Analysis

PART FOUR

What Have We Gained?

While we do not know the identity of the magistrate, or the date of the trial, we have a better understanding of New York law in relation to the context of the proceedings. Additionally, however, we have a better appreciation for Martin Harris for his bold testimony in defending Joseph Smith, the prophet, and we have better insight as to Lucy Harris' concerns and motivations. By worldly standards, her concerns are wholly founded. She wanted to see the plates and to stop her husband from divesting the family wealth. Both issues are rational from a worldly perspective. Perhaps, if she had exercised faith and had been content with the will of the Lord, she may have received her wish to see the plates similar to Mary Whitmer's experience.98 Instead, she chose a path to alienate herself from her husband and from the establishment of the Lord's kingdom on earth.