whyme, Smith fled Ohio because there was a warrant for his arrest because of his failed bank. So, you’re saying, that because others did it and Smith lost his own money in his illegal bank scheme, that it was ok?
Ohio Cases
By February 1831, Joseph and the entire church in New York had moved to Kirtland, Ohio. What success did he have in court there? Actually, they had a great deal–until the last two years.
In Ohio Joseph brought or defended some sixty-six varied civil or criminal suits, including some Kirtland Temple Committee cases. These ranged from performing marriages without a license to a case arising from Zion’s Camp. Joseph also countered with his own suits: like slander, assault and battery. In August 1837, the year after the Kirtland Temple was dedicated, Joseph Smith, Sr., and eighteen others forcibly evicted an armed mob seeking to take it over. They were sued for riot and assault but were acquitted by J.P. Oliver Cowdery. Also, in January 1838, five men were acquitted of arson for burning the Church’s printing press and book bindery near the temple. Joseph Smith did lose a few civil cases, including one for the return of consecrated property. Then with the depression and panic of 1837 came a plague of debt-collection suits. Finally, there came a case involving the most serious business disaster of his life–brought the last year they were in Ohio.
With credit in scarce supply, the saints formed their own bank, like many in the Western Reserve, to help ease the crunch. It was called the “Kirtland Safety Society” (another oxymoron). Like so many others, their bank failed. But unlike the others, the Mormons at the last minute were denied their banking license. They tried to stamp the word “Anti” before “bank,” but that didn’t work either. In 1837, a private action was brought for banking without a license. Before the case could be heard in October, legal and other persecution in Ohio rose to a new level.
On 27 July 1837, Joseph recorded that he was “detained all day by wicked and vexatious law suits.” Apparently, he was sued on six separate charges–and tried on at least three of them–on the same day! (We haven’t discovered them all, but most were probably civil debt collection cases.) At the end of the day, Joseph said:
About sunset, I got into my carriage to return home. At this moment, the sheriff sprang into our carriage, seized my lines, and served another writ on me…sworn out by a man who a few weeks previous had brought a new fashioned cooking stove to Kirtland…and wished me to test it for him. That man thought that now would be a good time to get paid for it. I gave my watch to the officer for security and we all returned home.5
From then on, he made a point of avoiding Painesville!
At the fall jury trial on the Kirtland Safety Society Case, Joseph and some prior bank officers apparently lost their case and appealed. Before it could be heard, however, the remaining saints had left en masse for Missouri. Ultimately, the private party who brought suit through a straw man recovered a judgment and took a lien on some assets, including the Kirtland Temple. It eventually came into RLDS hands, where it has remained to this day. The saints moved, but not to flee their debts. Of the more than $52,000 owed by Joseph and the Temple Committee, over 90% was paid–even after Joseph left Ohio and abandoned his beloved temple in January 1838.
fairlds.org/FAIR_Conferences/2006_Legal_Trials_of_Joseph_Smith.html