Melissa Lott
United States Circuit Court (8th Circuit)… The Reorganized Church of Jesus Christ of Latter Day Saints, complainant, vs. the Church of Christ at Independence, Missouri… Complainant’s abstract of pleading and evidence. (complete document)[i]
[page 96]
86 Q. How many children were born to you by Joseph Smith?
A. Not any
[page 97]
87 Q. There was not any children born to you by Joseph Smith?
A. No Sir
88 Q. Have you ever borne any children since that time?
A. Yes sir I have...
93 Q. State now the reason why you never bore any children by Joseph Smith?
A. Well that is something impossible to do, that is something I can’t tell....
94 Q. Did you live with Joseph Smith as his wife, or were you just simply sealed to him for eternity?
A. I told you before, I have answered that question to the best of my ability.
95 Q. Did you go to church with Joseph Smith, and were you seen on the streets and in public places with him, as his wife, during his life-tie?
A. No sir
96 Q. You were not?
A. No sir, I was not. I was on the streets with him many a time, but nobody said I was his wife and there was nothing said about that.
97 Q. Did he ever pass you off as his wife in public any time?
A. Well I can’t say as to that
[page 98]
108 Q. Did you ever see any children of Joseph Smith in the territory of Utah, or do you know of any of his children being in Utah at any time?
A. I don’t know anything about his affairs... I don’t know anything about that. I can’t swear to anybody’s children only my own.
[page 101]
165 Q. Did you read that revelation when you were at Nauvoo?...
A. Yes sir.
167 Q. Where did you get it?
A. I got it from Joseph Smith...
169 Q. Was it in print, or was it in manuscript? Just answer that question?
A. Well it was in writing, it was in manuscript.
[page 105]
224 Q. ...Now you said there were no children born of that marriage?
A. I said I had none.
225 Q. You had none by Joseph Smith?
A. Yes sir, and you asked me why I hadn’t any and I told you I couldn’t tell you, that you would have to go to some higher authority than I to tell you that.
226 Q. Well you said I believe that Emma Smith had children by Joseph?
A. Yes sir, I told you that I supposed she had. They looked like their father but as to their being his I can’t say. I can’t swear to anything only Melissa’s affairs.
227 Q. Did you ever room with Joseph Smith as his wife?
A. Yes sir.
228 Q. At what place?
A. At Nauvoo
229 Q. What place in Nauvoo?
A. The Nauvoo Mansion.
230 Q. At what place in the Mansion?
A. Do you want to know the number of the room, or what?
231 Q. Well just what part of the house the room was in if you can give it?
A. Well I can give it and the number of the room too. It was room number one,
232 Q. Room number one?
A. Yes sir.
233 Q. Who else roomed there?
A. I don’t know of any one.
234 Q. Where was Emma Smith at that time?
A. I don’t know. I didn’t ask where she was.
235 Q. Did you know where she was at that time?
A. No sir I didn’t.
236 Q. Did she know where you were at that time?
A. I did not ask her whether she did or not.
[page 106]
237 Q. So you roomed with him in the Nauvoo Mansion in room number one?
A. Yes sir.
238 Q. That was the house that Joseph Smith lived in was it not.
A. Yes sir.
239 Q. And you don’t know whether Emma Smith was in the house or not?
A. No sir.
240 Q. And you can’t say whether she knew where you were?
A. No sir, I couldn’t say where she was, and I don’t know that she knew about me, for I did not speak to her.
241 Q. Well was she at home?
A. Yes sir.,
242 Q. What time was that?
A. That I saw her?
244 Q. Yes madam?
A. I can’t tell you the time. If I had thought I was to be asked all these questions I might have kept a note of all these things, but as I didn’t know anything about this examination, I didn’t.
245 Q. How often did you room there with Joseph Smith?
A. Well that is something I can’t tell you.
246 Q. Well was it more than once?
A. Yes sir, and more than twice.
247 Q. Well that is something I would like to know?
A. Well there is something I would like to know. If I am to be asked these questions I would like to know if I am to answer them. I have told you all about this thing that I know and I can’t see any reason in your worrying me with these questions, and I would like to know if I have to answer them?
248 Q. Well if you decline to answer them say so, and that will do?
A. I don’t decline to answer any question that I know anything about.
249 Q. Well answer that question then?
A. What is the question?
250 Q. I asked you how many times you had roomed there in that house with Joseph Smith? I do not expect you to answer positively the exact number of times, but I would like to have you tell us the number of times as nearly as you can remember it?
A. Well I can’t tell you. I think I have acted the part of a lady in answering your questions as well as I have, and I don’t think you are acting the part of a gentleman in asking me these questions.
251 Q. Well I will ask you the questions over again in this form, was it more than twice?
A. Yes sir.
252 Q. Well how many times?
A. I could not say.
253 Q. Did you ever at any other place room with ?
A. In what way
254 Q. Of course I mean as his wife?
A. Yes sir.
255 Q. At what places?
A. In my father’s house.
256 Q. At other places did you ever room with him as his wife?
A. Well now I think that is all the places it is necessary for me to answer you one way or the other...
257 Q. Did you ever room with Joseph Smith at any other place or places than at the Nauvoo Mansion and your father’s house, that is did you ever room with him as his wife?
A. Them is all the places I remember.
258 Q. Those are the only places you remember, did you cohabit with him as his wife?
A. Yes sir.
260 And you never had any children?
A. No sir, I answered that question before and told you no.
[i] The complete version of the Temple Lot Case is more than 1700 pages (copies at the Community of Christ Archives and microfilm at LDS CA). An shortened version has been available from the RLDS Church (now Community of Christ) with much of the testimony regarding plural marriage in Nauvoo edited out (Lamoni, Iowa: Herald Publishing House, 1893 and reprinted Independence, Missouri:Price Publishing, 2003). See also Foster, Religion and Sexuality, 310en104.