Joseph's journal records the arrest, trial, and fine of Augustine Spencer for $100 due to an assault on his brother, Orson Spencer.

Apr 26, 1844
Personal Journal / Diary
Joseph Smith, Jr.
Scribed Paraphrase

President Joseph Smith's Journal; Book 4, April 26th, 1844, 99-100, The Joseph Smith Papers website, accessed January 4, 2022

Willard Richards
Charles A. Foster, Joseph W. Coolidge, John Portineus Greene, Jonathan Dunham, Elbridge Tufts, Orson Spencer, Robert D. Foster, Ezra Thayer, Chauncey Higbee, Joseph Smith, Jr., Augustine Spencer, Willard Richards, Orrin Porter Rockwell
Reading Public

26 April 1844 • Friday

Friday April— 26— 1844 At hom[e]

10 A M. Marshal went up on hill to arrest Augustus Spencr [Augustine Spencer] for an assault on his Bro orson spincer [Spencer]. for an assault in his own home—— R[obert] D. Foster. Charles Foster. &. chaunc[e]y L. Higbee. came down charl[e]s Foster drew a pistol towa[r]ds me on the steps of my office.— I orderd him to be arrestd and the pistol taken from him. a struggle ensued— in which Charles Foster. R. D. Foster. & Chauny L. Higbee resisted. and I orde[re]d them to to be arrested. th[e]y resistd, and I. Mayor, orderd the High policem[a]n— to be calld and his possey & went on to try. S. Spencer— fin[e]d him $100— Bonds for to keep th[e] peace— 6 months— $100. Bonds appeald to municipal court. at once R. D. Foster. Chauncy L. Higbee. & charls Foster.—— for resisting the auhoities [authorities] of the city. O. P [Orrin Porter] Rockwell— sworn— Marshal— sworn— said Dr Foster— swore by God he would not assist the Marshall and swore by God th[e]y would see the may[o]r &[c] in hell before th[e]y would go

Charles Foster. drew a pistol— Dr Foster. intefed [interfered]—— Chas Foster. & Chancey L. Higbee— said th[e]y would be God damnd. if th[e]y would not shoot. the mayor— breathed out many hard threatnig [threatening] and menacing sayings— would consider favord of God— for the privilege of shooting. or ridding the world of such a Tyr[a]nt. refrrig [referring] to the Mayor——

J[oseph W.] Coolidge confirmd.—

[Elbridge] Tufts. swo[r]n.— confirmed the foregoing stateme[n]ts fined R. D. Foster. Chas Foster. & C. L. Higbee fin[e]d $500 $100. each— appealed. to Municipal court.——

Issued a warrant for R. D. Foster. on compla[i]nt of Willard Richa[r]ds for breach of ordinance— in that Foster, said to said Richads. “You. shaking his fists in his face— are another Damned black hearted villain. You tried to seduce my wife on the boat when she was going to New York.— and I can prove it. and the oath is out again[s]t you.—[”] Jos Smith. W Richads John P Green[e].— [Ezra] Thayer— Elbrdge Tufts.——

Copyright © B. H. Roberts Foundation
The B. H. Roberts Foundation is not owned by, operated by, or affiliated with the Church of Jesus Christ of Latter-day Saints.