John S. Reed, the First Mormon Defender

Before Justin Butterfield’s “If it please the court, I come before the Pope, in the presence of these angels, to defend the prophet of the Lord” and before Alexander Doniphan’s “if you execute these men, I will hold you responsible before an earthly tribunal, so help me God” there was John S. Reed. Reed was the first in a series of inspired men called upon to defend Joseph Smith in a legal setting, despite not being a Mormon.

The 1830 trial has been well covered in church history and when the Joseph Smith Papers project is made available I think it likely we will see a renewed interest in Joseph’s legal difficulties. Perhaps lesser known are the two accounts of the 1830 events made by John Reed himself, and I would have to put my “discovering” of them in my top ten tender mercies that I have experienced within the last year.

The first account comes from a synopsis of a speech that Reed made in conjunction with Joseph Smith’s presidential campaign. They were printed in a June 1, 1844 issue of the Times and Seasons. I will excerpt some of account here, but the whole is worth reading.

These bigots soon made up a false accusation against him, and had him arraigned before Joseph Chamberlain, a justice of the peace, a man who was always ready to deal out justice to all, and a man of great discernment of mind.

The case came up about 10 o’clock A.M. I was called upon to defend the prisoner, the prosecutors employed the best counsel they could get, and ransacked the town of Bainbridge and county of Chenango for witnesses that would swear hard enough to convict the prisoner; but they entirely failed. Yes, sir; let me say to you that not one blemish nor spot was found against his character. He came from that trial, notwithstanding the mighty efforts that were made to convict him of crime by his vigilant persecutors, with his character unstained by even the appearance of guilt.

The trial closed about twelve o’clock at night. After a few moments’ deliberation, the court pronounced the words, “Not guilty,” and the prisoner was discharged. But, alas! the devil, not satisfied with his defeat, stirred up a man not unlike himself, who was more fit to dwell among the fiends of hell than to belong to the human family, to go to Colesville and get another writ and take him to Broome county for another trial. They were sure they could send that boy to hell or to Texas, they did not care which; and in half an hour after he was discharged by the court, he was arrested again, and on the way to Colesville for another trial.

I was again called upon by his friends to defend him against his malignant persecutors, and clear him from the false charges they had preferred against him. I made every reasonable excuse I could, as I was nearly worn down through fatigue and want of sleep, as I had been engaged in lawsuits for two days and nearly the whole of two nights. But I saw the persecution was great against him; and here let me say, Mr. Chairman, singular as it may seem, while Mr. Knight was pleading with me to go, a peculiar impression or thought struck my mind that I must go and defend him, for he was the Lord’s anointed. I did not know what it meant, but thought I must go and clear the Lord’s anointed. I said I would go, and started with as much faith as the Apostles had when they could remove mountains, accompanied by Father Knight, who was like the old patriarch that followed the ark of God to the city of David.

. . .

The next morning about ten o’clock, the court was organized. The prisoner was to be tried by three justices of the peace, that his departure out of the county might be made sure. Neither talents nor money were wanting to ensure them success. They employed the ablest lawyer in that county, and introduced twenty witnesses before dark, but proved nothing.

They sent out runners and ransacked the hills and vales, grog-shops and ditches, gathered together a company that looked as if they had come from hell, and had been whipped by the soot-boy thereof, which they brought forward to testify one after another, but with no better success. Although they wrung and twisted into every shape, in trying to tell something that would criminate the prisoner, nothing was proven against him whatever.

. . .

After they had got through, I arose and said—”This court puts me in mind of a certain trial held before Felix of old, when the enemies of Paul arraigned him before that venerable judge for some alleged crime, and nothing was found in him worthy of death or bonds. Yet, to please the Jews who were his accusers, he was left bound, contrary to law, and the court had served Mr. Smith in the same way, by their unlawful and uncalled for reprimand after his discharge to please his accusers.”

We got him away that night from the midst of three hundred people without his receiving any injury; but I am well aware that we were assisted by some higher power than man; for to look back on the scene, I cannot tell how we succeeded in getting him away. I take no glory to myself: it was the Lord’s work, and marvelous in our eyes.

Another account is found in Reed’s 1861 letter written to Brigham Young that is transcribed in Early Mormon Documents Vol. 4 p. 121-125. With this excerpt, I have cleaned up Reed’s grammar and language for readability, but I don’t necessarily indicate where I have done so.

[H]e was taken with a warrant and brought to South Bainbridge in Chenango County where I then lived. He and the rest of the Mormons–all told about 6 or 8–engaged me and James Davidson to manage that suit and to clear him if possible. We begun the case at 9 AM and the case was heard until the next morning (about 4 AM); then he was acquitted. We had a hard time as you may depend, for all the children of the Devil were against him. But we showed them all scathing and as soon as the court cleared he was taken with another warrant and took to Colesville, Broome County. Those trying him there were more sure to convict him than in the other county.

The Mormons insisted hard that myself and my colleague should go down and try our luck and again clear him if possible. We were in much doubt about trying to prove such, but we went down and the suit started at 9:00 AM. All of 400 people had collected together that day yet seemed as if all Hell had let loose for the purpose of destroying that innocent and boundless boy. But I believe to this day that God was on his side to deliver him from them wicked [SoBs] for that boy Joseph sat there as unconcerned as if he was in his own father’s house. When a hard witness would come upon the stand, I would say to him that our case looked bad. He said, with a smile on his countenance, “I shall be cleared; do your duty and fear not.”

Our court lasted till the next morning at the break of day–about 30 witnessed on the stand. They all came forward knowing everything, but upon cross examination they knew nothing. We showed their testimony scathing–all of them were full of spite and malice against a boy whom God had raised up for collecting a church of the Firstborn.

Well sir, it fell to my lot to make the last plea to the court. Three Justices were on the bench. I now in my turn stood with trembling limbs. But I had not stood long upon the floor before that court before my tongue was loosed from the roof of my mouth. It seemed to me and has ever since that time, I was inspired by that God that stood by that boundless boy to clear and deliver him from the hand of the devil. I spoke one hour and a half and with my weak abilities I melted part of that assembly into tears. . . I do not wish to boast of my weak abilities, but it was said by those who heard me that it was my master plea that I have ever made before or since that time and I have made a great many.

I too, must confess to being moved to tears as I contemplate God using the instrumentality of a non-member to defend his anointed. In my mind’s eye, I can see Joseph Smith returning the favor by becoming an advocate of John S. Reed before the final judgment bar.

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5 Responses to “John S. Reed, the First Mormon Defender”

  1. 1
    Proud Daughter of Eve [Visitor] says:

    Thank you for sharing this, Keller. I didn’t know this stuff was available. What depth it adds to my understanding of church history!

  2. 2
    Brian D. [Member] says:

    Wonderful post, Keller!

  3. 3
    Geoff B [Member] says:

    Wow, Keller, this is great stuff. I bet there would be a great book in this. I’ve often pondered the sight of Joseph Smith being brought to trial so many times. Many, of course, see that a sign of guilt, whereas study of the circumstances shows the opposite. Of course, the Savior himself was thrust before worldly judges. Something worth remembering.

  4. 4
    Tilton Reed says:

    I am an an LDS convert and I am a direct decendent of John. S Savage. Imagine my surprise while doing a litte family history work on a Sunday morning.

  5. 5
    Tilton Reed says:

    Sorry, John Savage Reed. His son Amos Reed went on to be on the interim leaders of the Indian Territory of Utah. Amos sat with my wife’s ancestor John Taylor when the Salt Lake city hall was dedicated. Family history is fun.

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