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The Hurlbut affidavits
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Contents
- 1 The Hurlbut affidavits
- 1.1
- 1.2 Questions
- 1.3
- 1.4 Answer
- 1.5
- 1.6 Detailed Analysis
- 1.7
- 1.8 Smith family character claims and reliability
- 1.9 Individuals who claimed to have assisted Joseph Smith, Sr. in digging operations
- 1.10 Statement of Charles Anthon regarding the characters copied from the gold plates
- 1.11 Martin Harris said that Mormonism was false and that he could "make money out of it?"
- 1.12 Joseph Smith claimed that he was "as good as Jesus Christ?"
- 1.13 Spalding manuscript claims and reliability
- 1.14
- 1.15 Further reading and additional sources responding to these claims
The Hurlbut affidavits
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Questions
Many of Joseph Smith’s friends and neighbors signed affidavits that accused him and his family of being lazy, indolent, undependable treasure-seekers. Why did they do this?
To see citations to the critical sources for these claims, [[../CriticalSources|click here]]
Answer
- There are many statements from Joseph's contemporaries attesting to his good character—These people did not sign sworn affidavits, but their accounts are recorded in their journals and histories.
- It is also important to note that none of these statements regarding Joseph Smith, Jr. was a firsthand account from the Prophet himself, but instead represent second or third-hand accounts. It is interesting that Fawn Brodie and other modern anti-Mormons readily dismiss the affidavits supporting the Spalding theory (which has since been discredited), suggesting the Hurlbut "prompted" those making statements, yet accepts without question the affidavits attesting to the bad character of Joseph Smith and his family.
- Finally, Hurlbut's motive in collecting the affidavits is a factor. The Hurlbut affidavits were collected by a man who not only had a grudge to settle with the Church, but who had actually been brought before a judge for issuing a death threat against Joseph Smith, Jr. His family had likewise lost a court case brought by the Smiths, and young Joseph's testimony played a significant role in their victory. (This occurred despite the Hurlbuts being more wealthy and prominent in the community than the poverty-stricken Smiths.)
Detailed Analysis
Background
Many critics cite a collection of affidavits from Joseph Smith’s neighbors which claim that the Smith family possessed a number of character flaws. These affidavits were collected by Doctor Philastus Hurlbut ("Doctor" was his first name, not a title).[1] Hurlbut had been excommunicated from the Church on charges of "unvirtuous conduct with a young lady,"[2] and for threatening the life of the Prophet.
Hurlbut's hostility to the Smiths may have been of long date. In 1819, the Smiths sued a local family of Hurlbuts over the sale of a pair of horses and some work they had done for him. (Aside from the name, it is not known if there was a family connection.) One author explains:
- Joseph Smith's introduction to the legal system came at an early age. His father and oldest brother, Alvin, initiated a lawsuit in January 1819 against Jeremiah Hurlbut arising from his sale of a pair of horses to the Smiths for $65. The Smith boys had been working for Hurlbut to both pay down the $65 obligation and for other goods the previous summer. Twelve witnesses were called during the trial, including Hyrum and Joseph Smith Jr. Under New York law, being just thirteen, Joseph's testimony about the work he had performed was admissible only after the court found him competent. His testimony proved credible and the court record indicates that ever item that he testified about was included in the damages awarded to the Smiths. Although Hurlbut appealed the case, no records have survived noting the final disposition of that case; perhaps it was settled out of court. The significance of this case is not limited to the fact that a New York judge found the young Joseph, just a year prior to his First Vision, to be competent and credible as a witness. Also, the suit being brought against a prominent Palmyra family and involving two other prominent community leaders as sureties on appeal may have contributed to Joseph Smith Jr.'s memory of his family's estrangement from much of the Palmyra community....
- Under applicable New York law, "qualified citizens" [for jury duty] were limited to male inhabitants of the county where the trial was being held between the ages of twenty-one and sixty; and who at the time had personal property in the amount of not less that $250 or real property in the county with a value of not less than $250. In the rural community of Palmyra this effectively meant that those qualified to be on the jury would be the more affluent and prominent men of the area. Ironically, none of the Smiths would have qualified to be a juror.
- The trial was held on February 6, 1819. Twelve jurors were impaneled, all men and property owners. The Smiths called five witnesses, Hurlbut [the farmer they were suing] seven. Both Joseph Jr. and Hyrum were called to testify. This appears to be young Joseph's first direct interaction with the judicial [130] process. He had turned thirteen years old a month and a half previously. New York law and local practice permitted the use of child testimony, subject to the court's discretion to determine the witness' competency. The test for competency required a determination that the witness was of 'sound mind and memory.' A New York 1803 summary of the law for justices of the peace notes that 'all persons of sound mind and memory, and who have arrived at years of discretion, except such as are legally interested, or have been rendered infamous, may be improved as witnesses.' This determination of competency rested within the discretion of the judge....
- From the record it appears that Judge Spear found Joseph Jr. competent, and he indeed did testify during the trial. This is evident in a review of the List of Services that was part of the court file. Joseph Jr.'s testimony would have been required to admit those services he personally performed....[3]
At any rate, Hurlbut's later collection of statements was made at the request of an anti-Mormon committee in Kirtland, Ohio.[4] According to B.H. Roberts:
- It was simply a matter of "muck raking" on Hurlbut's part. Every idle story, every dark insinuation which at that time could be thought of and unearthed was pressed into service to gratify this man's personal desire for revenge, and to aid the enemies of the Prophet in their attempt to destroy his influence and overthrow the institution then in process of such remarkable development.[5]
Hurlbut was unable to publish the affidavits himself after his trial for making death threats against Joseph Smith, Jr. (And, it is possible that his family's animus dated back far longer.) He sold his material to Eber D. Howe, who published it in his anti-Mormon book Mormonism Unvailed in 1834. In addition to the affidavits attacking the character of the Smith family, Hurlbut gathered statements from the family and neighbors of Solomon Spalding in order to "prove" that Spalding's unpublished manuscript was the source for the Book of Mormon. Mormonism Unvailed contained the first presentation of the Spalding theory of Book of Mormon origin. Some critics, such as Fawn Brodie, are selective in their acceptance of Hurlbut's affidavits—They readily accept affidavits that attack the character of the Smith family, yet admit that some "judicious prompting" by Hurlbut may have been involved in those affidavits that were gathered to support the Spalding theory.[6]
Howe's bias is evident throughout the book. He introduces the Smith family with the following:
- All who became intimate with them during this period, unite in representing the general character of old Joseph and wife, the parents of the pretended Prophet, as lazy, indolent, ignorant and superstitious—having a firm belief in ghosts and witches; the telling of fortunes; pretending to believe that the earth was filled with hidden treasures, buried there by Kid or the Spaniards.[7]
Smith family character claims and reliability
The following table summarizes the claims made in the Hurlbut affidavits regarding Joseph Smith, his family and his associates.
Claimant | Claims | Comments |
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Parley Chase |
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Joseph Capron |
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Lemon Copley |
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Alva Hale(Son of Isaac Hale) |
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Isaac Hale(Father-in-law of Joseph Smith, Jr.) |
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Henry Harris |
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Nathaniel Lewis(Brother-in-law to Isaac Hale and a Methodist deacon) |
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Joshua M'Kune |
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Roswell Nichols |
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Barton Stafford |
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David Stafford |
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Joshua Stafford |
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G. W. Stoddard |
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Commentary
Milton V. Backman
Milton V. Backman wrote:
- If the belittling statements by men who supposedly were acquainted with the Smith family were correct, and if members of the family had been liars, immoral, and "addicted to vicious habits," Lucy, Hyrum and Samuel would have been unable to retain their membership in the Western Presbyterian Church until 1830. In that era excommunications were frequent in most congregations, including the Presbyterian society of Palmyra. Individuals judged guilty of immorality, profanity, lying, drunkenness, gambling, and other such sins were excommunicated from this society. The reason members of the Smith family were dismissed from the Lord's Supper in the spring of 1830 was not because of any of the above charges but only because they desired to withdraw their membership and had neglected to attend church for a year and a half.[15]
B.H. Roberts
B.H. Roberts contrasts the achievements of the Smith family with the accusations made against them:
- Against this large collection of evil report and false interpretation of the character of the Smiths while at Palmyra, prompted as it was by prejudice and collected by malice, the evidence of accomplished fact, and the subsequent lives of the family may be opposed. Take for example the achievements of the family during the few years of their residence in Palmyra. They arrived there penniless, as all admit, with nothing but their bare hands with which to help themselves. Yet in a few years they built two homes in the wilderness; they cleared sixty acres of heavy timber land, and converted it into a tillable farm. In addition to their farming and gardening, they had a sugar orchard of from twelve to fifteen hundred maple trees, from which they gathered the sap and converted it into syrup or sugar. To aid in making the annual payments upon their farm, as well as to help sustain the family until the farm could be made productive, they took an occasional day's work among the neighboring farmers or the Palmyra village folk, sometimes engaged to dig a well, or harvest a field of grain. It is conceded, in the main, that they did all this; and one marvels in the face of it that the charge of laziness and thriftlessness should be made. But the wonder grows when to all this is to be added the stories of the affidavits about the Smith's "money digging" enterprises. "They * * * spent much of their time in digging for money which they pretended was hid in the earth, and to this day large excavations may be seen in the earth not far from their residence, where they used to spend their time digging for hidden treasures." fn Truly if the half of what is told in the affidavits about these exploits, usually carried on at night, is to be believed, then it would be utterly impossible to believe the Smiths to be idle or habitually lazy.[16]
Individuals who claimed to have assisted Joseph Smith, Sr. in digging operations
Claimant | Claims | Comments |
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Willard Chase |
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Peter Ingersoll |
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C.R. Stafford(nephew of William, below) |
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William Stafford(uncle to C.R., above) |
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Commentary
Statement of Charles Anthon regarding the characters copied from the gold plates
Claimant | Claims | Comments |
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Charles Anthon |
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Martin Harris said that Mormonism was false and that he could "make money out of it?"
Claimant | Claims | Comments |
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Abigail Harris |
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Lucy Harris(Wife of Martin Harris) |
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Commentary
- Lucy and Abigail Harris are the only two individuals who claimed that Martin Harris was hoping to make money from Mormonism. It is interesting to note the similarity between the testimony for both women. It is more interesting however, to note how Abigail Harris has added the phrase "What if it is a lie," while Martin's wife, Lucy, did not. If Martin actually believed that Mormonism was a lie, why would his wife Lucy not have mentioned this? [18]
Joseph Smith claimed that he was "as good as Jesus Christ?"
Claimant | Claims | Comments |
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Levi Lewis |
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Sophia Lewis |
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Hezekiah M'Kune |
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Commentary
- Hezekiah M'Kune, Levi Lewis and Sophia Lewis went together to make their depositions before the justice. Their testimonies bear a remarkable similarity and contain the unique claim that Joseph claimed to be "as good as Jesus Christ." This claim is not related by any other individuals who knew the Prophet, suggesting that these three individuals planned and coordinated their story before giving their depositions. [19]
Spalding manuscript claims and reliability
Hurlbut's affidavits regarding the Spalding manuscript consist of interviews with family and associates of Solomon Spalding.
Claimant | Claims |
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Artemas Cunningham |
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Nahum Howard |
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Henry Lake |
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John Miller |
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Oliver Smith |
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John Spalding(Brother of Solomon Spalding) |
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Martha Spalding(wife of Solomon Spalding) |
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Aaron Wright |
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Commentary
- Most of the Spalding-related affidavits make very similar claims, such as the repeated statements that "Nephi" and "Lehi" figured prominently in Spalding's story and that the person making the claim had "recently" read the Book of Mormon and recognized it as being similar to Spalding's work. The recovered Spalding manuscript, however, bears no resemblance to any of these claims. For this reason, critics who support the Spalding theory have assumed the existence of a second Spalding manuscript, despite absolutely no evidence to support this.
- The Spalding theory requires that Sidney Rigdon secretly meet Joseph Smith before the organization of the Church, and provide him with the Book of Mormon manuscript. John Stafford, oldest son of William Stafford was asked about this:
- Q — If young Joseph — Smith , Jr. — was as illiterate as you say, Doctor, how do you account for the Book of Mormon?
- A — "Well, I can't; except that Sidney Rigdon was connected with them."
- Q — Was Rigdon ever around there before the Book of Mormon was published?
- A — "No; not as we could ever find out. Sidney Rigdon was never there, that Hurlbut, or Howe, or Tucker could find out."
- Q — Well; you have been looking out for the facts a long time, have you not, Doctor?
- A — "Yes; I have been thinking and hearing about it for the last fifty years, and lived right among all their old neighbors there more of the time."
- Q — And no one has ever been able to trace the acquaintance of Rigdon and Smith, until after the Book of Mormon was published, and Rigdon proselyted by Parley P. — Pratt, in Ohio?
- A — "Not that I know of.""
- — John Stafford, cited in William H. Kelly, "The Hill Cumorah, and the Book of Mormon," Saints' Herald 28 (1 June 1881): 167.[1]
See also:
- Matthew Roper, "The Mythical "Manuscript Found" (Review of: Who Really Wrote the Book of Mormon? The Spalding Enigma)," FARMS Review 17/2 (2005): 7–140. off-site
== Notes ==
- [note] "Doctor" was not a title—It was Hurlbut's actual given name.
- [note] Benjamin Winchester, The origin of the Spalding story, concerning the Manuscript Found; with a short biography of Dr. P. Hulbert, the originator of the same; and some testimony adduced, showing it to be a sheer fabrication, so far as in connection with the Book of Mormon is concerned. (Philadelphia: Brown, Bicking & Guilbert, Printers, 1834), p. 5.
- [note] Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965), 1:41. GospeLink
- [note] Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965), 1:41. GospeLink
- [note] Fawn M. Brodie, No Man Knows My History: The Life of Joseph Smith (New York: Alfred A. Knopf, 1945), 446–447.
- [note] Eber D. Howe, Mormonism Unvailed (Painesville, OH: Telegraph Press, 1834), p. 11.
- [note] Hugh W. Nibley, Tinkling Cymbals and Sounding Brass: The Art of Telling Tales About Joseph Smith and Brigham Young (Vol. 11 of the Collected Works of Hugh Nibley), edited by David J. Whittaker, (Salt Lake City, Utah : Deseret Book Company ; Provo, Utah : Foundation for Ancient Research and Mormon Studies, 1991), 105. ISBN 0875795161. GL direct link
- [note] William H. Kelly, "The Hill Cumorah, and the Book of Mormon," Saints' Herald 28 (1 June 1881): 167; cited in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 2:123.
- [note] Hugh W. Nibley, Tinkling Cymbals and Sounding Brass: The Art of Telling Tales About Joseph Smith and Brigham Young (Vol. 11 of the Collected Works of Hugh Nibley), edited by David J. Whittaker, (Salt Lake City, Utah : Deseret Book Company ; Provo, Utah : Foundation for Ancient Research and Mormon Studies, 1991), 65. ISBN 0875795161. GL direct link
- [note] William H. Kelly, "The Hill Cumorah, and the Book of Mormon," Saints' Herald 28 (1 June 1881): 167; cited in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 2:123.
- [note] William H. Kelly, "The Hill Cumorah, and the Book of Mormon," Saints' Herald 28 (1 June 1881): 167; cited in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 2:121.
- [note] William H. Kelly, "The Hill Cumorah, and the Book of Mormon," Saints' Herald 28 (1 June 1881): 167; cited in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 2:123.
- [note] William H. Kelly, "The Hill Cumorah, and the Book of Mormon," Saints' Herald 28 (1 June 1881): 167; cited in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 2:123.
- [note] Milton V. Backman, Jr., Joseph Smith's First Vision: Confirming Evidences and Contemporary Accounts, 2d ed. rev. (Salt Lake City: Bookcraft, 1980): 120. Backman cites Session Records, Western Presbyterian Church, II, 11-13, 34, 36, 39, 42 and Appendix K.
- [note] Brigham H. Roberts, Comprehensive History of the Church (Provo, Utah: Brigham Young University Press, 1965), 1:40–41. GospeLink
- [note] William H. Kelly, "The Hill Cumorah, and the Book of Mormon," Saints' Herald 28 (1 June 1881): 167; cited in Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 2:121–122. The material removed by ellipses consists of questions being asked by the interviewer.
- [note] Hugh W. Nibley, Tinkling Cymbals and Sounding Brass: The Art of Telling Tales About Joseph Smith and Brigham Young (Vol. 11 of the Collected Works of Hugh Nibley), edited by David J. Whittaker, (Salt Lake City, Utah : Deseret Book Company ; Provo, Utah : Foundation for Ancient Research and Mormon Studies, 1991), 115. ISBN 0875795161. GL direct link
- [note] Hugh W. Nibley, Tinkling Cymbals and Sounding Brass: The Art of Telling Tales About Joseph Smith and Brigham Young (Vol. 11 of the Collected Works of Hugh Nibley), edited by David J. Whittaker, (Salt Lake City, Utah : Deseret Book Company ; Provo, Utah : Foundation for Ancient Research and Mormon Studies, 1991), 128. ISBN 0875795161. GL direct link
Further reading and additional sources responding to these claims
- ↑ Dan Vogel (editor), Early Mormon Documents (Salt Lake City, Signature Books, 1996–2003), 5 vols, 2:123–124.)