L
Leegal
Guest
But dowsing was not the issue at all.But you were referring to his being charged for a misdemeanor of vagrancy, not as a con man.
I’d think ‘divining’ for resources was pretty strange too, but my uncle was a successful water dowserYup, he was guilty of the sin of supersition, just like the young Joseph and that Catholic Priest I mentioned. In fact, I’ve known of several Catholic priests who practiced diving for water. Are they all ‘Con men’?
The caption on the 1826 “docket sheet” of cases to be heard was “People vs. __________,” Since JS’ case followed another (an assault and battery case) it was listed as "Same vs, Joseph Smith, "the “glass looker.” Whatever his reason for being in court, it was not “dowsing”, which was a common practice. The use of “Same” refers to the “People”
In legal jargon, the State is always referred to as the “People” in criminal matters. In fact, on the right side it listed “misdemeanor” – which is criminal, though not as serious as a felony. At the time only felony cases were fully recorded.
Variously, whatever this docket sheet represents it was 1) complaint by the sons of Josiah Stowell. These contemporaneous notes refer to this as the cause for an arrest “vagrant without means of livlihood.” OR
- The account by the niece of the Judge stated that he was there by warrant based upon a complaint made by Josiah Stowell’s nephew who referred to JS as a “disorderly person” and “imposter.”
While the docket sheet is not definitive, this may be the disposition – I cannot see them holding the case over for trial for long. It would not have taken months or years to dispose of the case.
If it it were a preliminary hearing for cause, it does not negate the fact that some dealings with the Stowell family wound up in court with JS being referred to as the “glass looker.”
In all fairness, we (in NY) can be charged in one of two ways – one by being brought before a judge who finds “cause” for the charge(s) which is the case here. I think this record was not the trial, but the calendering of a probable cause hearing to charge JS. Justice was swift in those days and a case may very well have moved directly to trial immediately after.