Preliminary Hearing held in Painsville methodist church. Justice Flint presiding regarding attempted murder charge from May 1837 charges. Denton testifies that in "April or May 1835," while he was living in the Smith home, Davis approached him about killing Newell for the prophet. After he borrowed a pistol from Sidney Rigdon, Joseph told Denton, know where you are going and what your business is" and then encourages him that it is a "good work. then spoke of Newell, said he had injured the society, and that it was better for one man to suffer than to have a whole community disturbed; that it was the will of Heaven that Newell should be put out of the way."
Orson Hyde testifies that when rumors circulated that Newell might sue the foundering Kirtland Safety Society, Joseph "seemed much excited and declared that Newell should be put out of the way, or where the crows could not find him; he said destroying Newell would be justifiable in the sight of God, that itwas the will of God, &c." Luke Johnson also heard him say "if Newell or any other man should head a mob against him, they ought to be put out of the way and it would be our duty to do so." Like his fellow apostle, however, Luke described Joseph as "a tender-hearted, humane man." Teller Warren Parrish testifies that Newell's name had been mentioned several times at the bank. Sidney heard Denton and Davis planning to murder Newell in 1835, but he had no reason to believe Joseph was involved, adding that Davis had "never been strictly subservient to the rules of the society." Cahoon supports Rigdon's testimony. Judge Flint binds Joseph over for trial. Bail is set at $500, which is promptly paid.
[Exploring Mormonism: Kirtland Safety Society Timeline, http://www.exploringmormonism.com/kirltand-safety-society-timeline-note-this-was-built-back-in-january-2013/]