Civil Government and Religion

THIRD CASE

Joe McCoy, Magnet Cove, Ark.

Mr. McCoy moved from Louisville, Ky., to Arkansas, in 1873. He served as constable seven years, and two terms as Justice of the Peace, in Hot Spring County. In 1884, he became a Seventh-day Adventist. At the August, 1885, term of the Circuit Court in Hot Spring County, he was indicted for Sabbath-breaking, on the voluntary evidence of a Mr. Thomas Garrett. The particular offense with which he was charged, was plowing on Sunday. The witness was a Mr. Weatherfore, a member of the Methodist Church. The work was done half a mile from any public road, and entirely away from any place of public worship. CGRRLL 122.4

Mr. Weatherford went into the field where Mr. McCoy was plowing, and spent several hours with him, walking around as he plowed. He was summoned as a witness in the case, by the Grand Jury. In September, 1885, Mr. McCoy was arrested, and held under bonds for his appearance. When he appeared at the February term of Court, his case, with others, was laid over to await the decision of the Supreme Court. CGRRLL 123.1

Mr. McCoy owned a small farm and a team, a foreseeing, as he thought, that they would soon be consumed in paying fines and costs, he could not in duty to his family and in harmony with his conscientious convictions of right and duty, allow all his property to go in that way; neither could he afford to lose a whole day every week. He therefore decided to abandon his farm, leaving it to satisfy the demands of the law against him in this case, and leave that country, hoping by this means to save at least his team and personal property. By the advice of Eld. Dan. T. Jones, and at his earnest request, Mr. McCoy returned to Hot Spring County at the time for his appearance, February, 1887, and confessed judgment under the indictment. A portion of the cost was remitted, and the fine and a portion of the cost were paid by Eld. Jones, and Mr. McCoy was released. CGRRLL 123.2

Mr. McCoy said to Eld. Jones, with tears in his eyes, that while he was reckless and wicked, he was not molested; but as soon as he turned and tried to live a religious life, he was indicted and fined for it. CGRRLL 123.3