The four years between September 1823 when Joseph Smith first received the visitation from the angel Moroni, until September 1827 when Joseph Smith obtained the gold plates, passed without much note in the historical records. But the few recorded events during those years provide significant material for those who disbelieve Joseph Smith’s testimony about the gold plates and his translation of the Book of Mormon.
The primary event that impinges on his credibility relates to his work as a treasure hunter, or a money digger. Not only is this used to attack his character, but it is also evidence that questions his motives and ultimately his veracity in regard to his claim that he obtained and then translated golden plates.
Was Joseph Smith a treasure hunter? The short answer is yes, but as with most questions about history, there is no such thing as just a short answer.
Joseph Smith’s second visit to Cumorah
Joseph first visited the Hill Cumorah in September, 1823, which I discussed in a prior post.1 His subsequent visits will be discussed in later posts. But of his multiple visits during the next four years, Joseph summarily states, “I went at the end of each year, and at each time I found the same messenger there, and received instruction and intelligence from him at each of our interviews, respecting what the Lord was going to do, and how and in what manner his kingdom was to be conducted in the last days.”2
Joseph’s growing reputation
When Moroni first visited Joseph Smith, he said that Joseph’s name “should be had for good and evil among all nations, kindreds, and tongues, or that it should be both good and evil spoken of among all people.”3 Joseph’s reputation after 1823 began to grow, in good ways, and in bad.
Joseph’s life during this period is largely unknown, and could be summarized by a line from the Lord of the Rings movie: “Much that once was is lost, for none now live who remember it. . . . And some things that should not have been forgotten were lost. History became legend. Legend became myth.”4
I have previously written about the challenge of searching historical sources and distinguishing between evidence and advocacy. 5 Due to Joseph’s growing reputation, the existing sources are both “good and evil,” as Moroni prophesied. Can we recognize the difference between evidence and advocacy? Can we be objective in recognizing that statements of witnesses, whether they oppose or support Joseph, are colored by their own personal motives? How will we judge the evidence?
For example, Oliver Cowdery wrote glowingly and in defense of Joseph Smith during this period:
“From this time [September 1823] to September, 1827, few occurrences worthy of note transpired. As a fact to be expected, nothing of importance could be recorded concerning a generation in darkness.— In the mean time our brother of whom I have been speaking, passed the time as others, in laboring for his suport. But in consequence of certain false and slanderous reports which have been circulated, justice would require me to say something upon the private life of one whose character has been so shamefully traduced. By some he is said to have been a lazy, idle, vicious, profligate fellow. These I am prepared to contradict, and that too by the testimony of many persons with whom I have been intimately acquainted, and know to be individuals of the strictest veracity, and unquestionable integrity. All these strictly and virtually agree in saying, that he was an honest, upright, virtuous, and faithfully industrious young man. And those who say to the contrary can be influenced by no other motive than to destroy the reputation of one who never injured any man in either property or person.”6
But Oliver, at least when he wrote that statement, was a staunch supporter of Joseph Smith. So his opinions are unquestionably biased.
Those who did not believe Joseph, or who claimed he was “lazy, idle, vicious,” and all those things that Oliver condemned, also provided statements according to their own recollection and belief. Eber Howe compiled many such statements, and incorporated them into a book called “Moronism Unvailed.”7 Of Joseph and his family, Mr. Howe wrote:
“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 superstituous-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. Being miserably poor, and not much disposed to obtain an honest livelihood by labor, the energies of their minds seemed to be most directed towards finding where these treasures were concealed, and the best mode of acquiring their possession. Joseph, Jun. in the mean time, had become very expert in the arts of necromancy, jugling, the use of the divining rod, and looking into what they termed a ‘peep-stone,’ by which means he soon collected about him a gang of idle, credulous young men, to perform the labor of digging into the hills and mountains, and other lonely places, in that vicinity, in search of gold.”8
As an attorney, I frankly don’t think much of either Oliver’s statement or Eber Howe’s. It is easy to say whatever anyone wants about someone else’s character and reputation, which is why such testimony is not admissible in a modern court.9 Therefore, for me personally, I find much more persuasive the findings of a court in 1826 where Joseph was tried and acquitted for actions related to treasure hunting. That trial will be addressed later in this post.
Joseph takes a job with Josiah Stowell
Joseph’s reputation, good or bad, helped him to obtain employment with Josiah Stowell. Not much is written of Josiah prior to his interactions with Joseph. A genealogist of the Stowell family wrote the following:
“Josiah Stowell was born in Winchester, N.H., 22 March 1770, . . . d. Smithboro, N.Y. 23 Sept. 1833, age 60.
“Josiah resided in Bainbridge, Afton and Smithboro, N.Y. He was a farmer. Had saw mills on the Susquehanna River. In the history of Afton, p. 135, History of Chenango and Madison Counties, N.Y. it says Josiah was an early settler on the Susquehanna River about two miles below Afton, that he went to Lanesboro, N. Penn. in search of a supposed hidden treasure, that he was accompanied by Joseph Smith, the founder of Mormonism, who had previously worked for Josiah Stowell on his farm and in his saw mill.”10
Josiah had identified an area near Harmony where he believed that “a company of Spaniards, a long time since, when the country was uninhabited by white settlers, excavated from the bowels of the earth ore, and coined a large quantity of money; after which they secured the cavity and evacuated, leaving a part still in the cave, purposing to return at some distant time.”11 Josiah looked for this mine but couldn’t find it, and so he hired a number of workers to help him.
Josiah had relatives in Palmyra, and when visiting Simpson Stowell, Josiah heard that a young man named Joseph Smith “possessed certain means, by which he could discern things invisible to the natural eye.”12 Josiah offered Joseph $14 per month, but Joseph initially declined. However, Josiah continued to ask for Joseph’s help, and due to the good wages offered, and the indigent circumstances of Joseph’s family (especially following the death of Alvin), both Joseph and his father, Joseph Sr., accepted the employment and traveled to Harmony.12
Of this employment, Joseph, Lucy Smith (Joseph’s mother), and Oliver Cowdery all comment.
Joseph’s account of his employment with Josiah Stowell
“In the year 1823 my father’s family met with a great affliction by the death of my eldest brother, Alvin. In the month of October, 1825, I hired with an old gentleman by the name of Josiah Stoal, who lived in Chenango county, State of New York. He had heard something of a silver mine having been opened by the Spaniards in Harmony, Susquehanna county, State of Pennsylvania; and had, previous to my hiring to him, been digging, in order, if possible, to discover the mine. After I went to live with him, he took me, with the rest of his hands, to dig for the silver mine, at which I continued to work for nearly a month, without success in our undertaking, and finally I prevailed with the old gentleman to cease digging after it. Hence arose the very prevalent story of my having been a money-digger.”13
Lucy’s account of Joseph’s employment with Josiah Stowell
“A short time before the [frame] house was completed, a man by the name of Josiah Stoal came from Chenango county, New York, with the view of getting Joseph to assist him in digging for a silver mine. He came for Joseph on account of having heard that he possessed certain means by which he could discern things invisible to the natural eye. Joseph endeavored to divert him from his vain pursuit, but he was inflexible in his purpose and offered high wages to those who would dig for him in search of said mine, and still insisted upon having Joseph to work for him. Accordingly, Joseph and several others returned with him and commenced digging. After laboring for the old gentleman about a month, without success, Joseph prevailed upon him to cease his operations, and it was from this circumstance of having worked by the month, at digging for a silver mine, that the very prevalent story arose of Joseph’s having been a money digger.”14
Oliver’s account of Joseph’s employment with Josiah Stowell
“Soon after this visit to Cumorah, a gentleman from the south part of the State, (Chenango County,) employed our brother as a common laborer, and accordingly he visited that section of the country; . . . This gentleman, whose name is Stowel, resided in the town of Bainbridge, on or near the head waters of the Susquehannah river. Some forty miles south, or down the river, in the town of Harmony, Susquehannah county, Pa. is said to be a cave or subteraneous recess, whether entirely formed by art or not I am uninformed, neither does this matter; but such is said to be the case,— where a company of Spaniards, a long time since, when the country was uninhabited by white setlers, excavated from the bowels of the earth ore, and coined a large quantity of money; after which they secured the cavity and evacuated, leaving a part still in the cave, purposing to return at some distant period. A long time elapsed and this account came from one of the individuals who was first engaged in this mining buisness. The country was pointed out and the spot minutely described. . . . Enough however, was credited of the Spaniards story, to excite the belief of many that there was a fine sum of the precious metal lying coined in this subteraneous vault, among whom was our employer; and accordingly our brother was required to spend a few months with some others in excavating the earth, in pursuit of this treasure.”15
Joseph’s employment agreement with Josiah Stowell
The employment was formalized by “Articles of Agreement,” in which Josiah Stowell, together with the laborers (including Joseph Smith, Sr., and Joseph Smith, Jr.), were to receive designated shares of any wealth realized from the venture.16 Isaac Hale, the father of Emma Hale (Joseph’s future wife), who had a very significant grievance with Joseph (which will be addressed in a later post), stated that the workers “became discouraged, and soon after dispersed” around November 17, 1825.16 The evidence is clear in the historical record that this employment with Josiah Stowell lasted for only about a month.
Joseph Smith’s 1826 legal trial
Joseph Smith faced a legal trial because of his employment with Josiah Stowell.17 In March, 1826, he was brought to court in South Bainbridge, New York (the home of Josiah Stowell), on a charge of being a “disorderly person.”18
This trial has been the subject of much debate and speculation. But new records and a more complete analysis of New York law in effect at the time provide additional insight about the charge, the process, the evidence, and the ultimate ruling.
The charge accused him of public fraud or harm
Joseph was tried by Albert Neely, Jr., a Justice of the Peace, in a simple justice court on a charge that was a mere misdemeanor.19 Based on the charge and the existing New York statutes, Justice Neely was required to find that “some public rather than private fraud or harm had taken place; that implicit in Joseph Smith’s activities there was either some apparent danger or mischief already done; and that the acts complained of were willful or done with a ‘vicious’ or criminal state of mind.”20
Josiah Stowell was the primary witness
The sparse records are not official accounts (which lends credibility to the conclusion that there was ultimately no conviction) but are instead recollections written years after the trial. One recollection “quotes no testimony directly but rather gives a lengthy recital of how Joseph obtained his [seer] stone. He claims Joseph exhibited the stone to the court. Earlier in his narrative, he alludes to Joseph’s use of the stone as a means of bilking Stowell and others.”21 However, the key witness was Josiah Stowell himself. The two accounts of the trial, although containing many discrepancies, agree on Josiah’s testimony:
“[Joseph Smith] had been employed by him [Stowell] to work on [the] farm part of [the] time; . . . that he [Stowell] positively knew that the prisoner [Joseph] could tell, and professed the art of seeing those valuable treasures through the medium of said stone. . . . Justice Neely soberly looked at the witness and in a solemn, dignified voice, said, ‘Deacon Stowell, do I understand you as swearing before God, under the solemn oath you have taken, that you believe the prisoner can see by the aid of the stone fifty feet below the surface of the earth, as plainly as you can see what is on my table?’ ‘Do I believe it?’ says Deacon Stowell, ‘do I believe it? No, it is not a matter of belief. I positively know it to be true.'”22
Joseph was acquitted
Based on the newly discovered records, it is clear that there was no conviction:
“From the array of the other witnesses there was no testimony that any of them parted with any money or other thing of value to Joseph Smith. Only Josiah Stowell did so, and then for part-time work on his farm in addition to services rendered in pursuit of treasure. More to the point, he emphatically denied that he had been deceived or defrauded. On the contrary, he ‘positively’ knew the accused could discern the whereabouts of subterranean objects. In short, only Josiah Stowell had any legal basis to complain, and he was not complaining. Hence [the] concluding comment, ‘It is hardly necessary to say that, as the testimony of Deacon Stowell could not be impeached, the prisoner was discharged, and in a few weeks he left the town.’ Indeed, following the law, Justice Neely had no other choice.”23
Oliver Cowdery confirmed the result of the trial: “[W]hile in that country, some verry officious persons complained of him as a disorderly person, and brought him before the authorities of the county; but there being no cause of action he was honorably acquited.”24
Conclusion
Was Joseph Smith a treasure hunter? Yes, but only for a brief time while employed by Josiah Stowell. There is no other historical evidence of Joseph Smith seeking for buried treasure, other than the revelations from Moroni regarding the gold plates. And the evidence pertaining to his employment with Josiah Stowell demonstrates that Joseph encouraged Josiah to give up the search, and that it lasted for only about a month. There are statements by neighbors that are not corroborated by any other evidence, and those statements (such as the paragraph I previously quoted by Eber Howe) are clearly biased and influenced by their own personal belief. The opinions that claim Joseph was convicted do not fully evaluate the evidence and present an incomplete and therefore factually deficient argument.
Joseph Smith’s employment as a treasure hunter, and his resulting legal trial, are still used by his opponents to undermine (pun intended) his claim that an angel revealed to him the location of gold plates, and that he translated the gold plates by the gift and power of God, resulting in the Book of Mormon. In my opinion, the evidence regarding Joseph’s work as a treasure hunter does not discredit his testimony regarding how he discovered and translated the gold plates.
Who will you believe? Will you read and consider the evidence for yourself?25 In my opinion, the best evidence of the authenticity of the Book of Mormon is the book itself and its teachings regarding the doctrine of Christ.
References
- “Joseph’s First Visit to Cumorah,” https://discoverfaithinchrist.com/josephs-first-visit-to-cumorah/.
- Joseph Smith-History 1:54.
- Joseph Smith-History 1:33.
- “The Lord of the Rings: The Fellowship of the Ring,” Peter Jackson, 2001.
- “What Sources Will You Trust?” https://discoverfaithinchrist.com/what-sources-will-you-trust/; “How Do I Judge the Evidence of the First Vision?” https://discoverfaithinchrist.com/how-do-i-judge-the-evidence-of-the-first-vision/.
- History, 1834–1836, p. 99, The Joseph Smith Papers, accessed September 4, 2023, https://www.josephsmithpapers.org/paper-summary/history-1834-1836/103.
- Eber D. Howe, “Mormonism Unvailed,” Painesville, OH, 1834, https://books.google.com/books?id=KXJNAAAAYAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false.
- Howe, “Mormonism Unvailed,” 11-12.
- Utah Rules of Evidence 408(a)(1) (“Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in conformity with the character or trait.”) https://legacy.utcourts.gov/rules/view.php?type=ure&rule=404.
- William Henry Harrison Stowell, “Stowell Genealogy: A Record of the Descendants of Samuel Stowell of Hingham,” Mass. Rutland, VT, Tuttle, 1922, 229-230.
- Larry C. Porter, “The Colesville Branch and the Coming Forth of the Book of Mormon,” BYU Studies Quarterly, 1970: Vol. 10: Iss. 3, Article 10, https://scholarsarchive.byu.edu/byusq/vol10/iss3/10/.
- Porter, “The Colesville Branch and the Coming Forth of the Book of Mormon,” 366.
- Joseph Smith-History 1:56.
- Lucy Mack Smith, “The History of Joseph Smith by His Mother,” Zion’s Camp Books, Kindle Edition, chapter 20.
- History, 1834–1836, p. 101-102, The Joseph Smith Papers, accessed September 4, 2023, https://www.josephsmithpapers.org/paper-summary/history-1834-1836/105.
- Porter, “The Colesville Branch and the Coming Forth of the Book of Mormon,” 367.
- Gordon A. Madsen, “Being Acquitted of a ‘Disorderly Person’ Charge in 1826,” in Sustaining the Law: Joseph Smith’s Legal Encounters, edited by Gordon A. Madsen, Jeffrey N. Walker, and John W. Welch, 71-92, Provo, Utah: BYU Studies, 2014, https://byustudies.byu.edu/article/joseph-smiths-1826-trial-the-legal-setting/.
- Madsen, “Being Acquitted of a ‘Disorderly Person’ Charge in 1826,” 71.
- Madsen, 79.
- Madsen, 87.
- Madsen, 88.
- Madsen, 88, quoting Francis W. Kirkham, “A New Witness for Christ in America: The Book of Mormon,” 2 vols. (Independence, Mo.: Zion’s Printing and Publishing Co., 1959), 2:366.
- Madsen, 88.
- History, 1834–1836, p. 103, The Joseph Smith Papers, accessed September 4, 2023, https://www.josephsmithpapers.org/paper-summary/history-1834-1836/107.
- Richard L. Bushman, a preeminent scholar of Joseph Smith history, has encouraged a reasoned and cautious approach to analyzing history: “We should be careful about putting too much weight on the criticisms of the moment when it is uncertain how enduring they will be.” Richard Lyman Bushman, “Joseph Smith and Money Digging,” in A Reason for Faith: Navigating LDS Doctrine & Church History, ed. Laura Harris Hales (Religious Studies Center, Brigham Young University; Salt Lake City: Deseret Book, 2016), 1-6, https://rsc.byu.edu/reason-faith/joseph-smith-money-digging.