Introduction to State of Ohio v. D. P. Hurlbut

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Introduction to State of Ohio v. D. P. Hurlbut Docket Entry, between 4 and 15 January 1834 [State of Ohio v. D. P. Hurlbut] Witness List, circa 2 April 1834 [State of Ohio v. D. P. Hurlbut] Docket Entry, Ruling, 9 April 1834 [State of Ohio v. D. P. Hurlbut] Docket Entry, Witness Payments, 9 April 1834 [State of Ohio v. D. P. Hurlbut] Docket Entry, Costs, circa 9 April 1834 [State of Ohio v. D. P. Hurlbut] Transcript of Proceedings, circa 9 April 1834 [State of Ohio v. D. P. Hurlbut]
Introduction to State of Ohio v. D. P. Hurlbut
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State of Ohio v. D. P. Hurlbut

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 15 January 1834

Geauga Co., Ohio, Court of Common Pleas, 9 April 1834

Historical Introduction

On 21 December 1833, JS filed a complaint before
John C. Dowen
ca. 1796–2 Feb. 1885. Farmer, justice of the peace. Born in New York. Married Huldah. Moved to Deerfield, Oneida Co., New York, by Oct. 1823. Moved to Kirtland, Geauga Co., Ohio, by July 1833. Elected justice of the peace, 1833. Justice of the peace in case...
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, a justice of the peace in
Kirtland Township
Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...
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, Ohio, alleging that
Doctor Philastus Hurlbut
3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 1832/1833...
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, a former Mormon, had threatened his life.
1
For more on Hurlbut, see “Joseph Smith Documents from February 1833 through March 1834”; and Note to Newel K. Whitney, circa October 1833–Early 1834. Although JS’s complaint against Hurlbut is not extant, it likely reflected the language of an Ohio statute that made it “lawful for any person to make complaint on oath or affirmation, before a justice of the peace, stating amongst other things, that the person making such complaint, has just cause to fear, and does fear, that another will beat, wound, or kill him or her, or his or her ward, child, or children; or will commit some other act of personal violence upon him, her or them.” (An Act Defining the Powers and Duties of the Justices of the Peace and Constables, in Criminal Cases [11 Mar. 1831], Acts of a General Nature, pp. 195–196, sec. 9.)
Comprehensive Works Cited
Acts of a General Nature, Enacted, Revised and Ordered to Be Reprinted, at the First Session of the Twenty-Ninth General Assembly of the State of Ohio. Columbus: Olmsted and Bailhache, 1831.
Dowen issued a warrant for Hurlbut, who was apprehended and brought before
William Holbrook
1781–21 Sept. 1865. Justice of the peace, farmer. Born in Connecticut. Married Thankful. Moved to Geauga Co., Ohio, ca. 1811. Moved to Painesville, Geauga Co., by 1820. Operated mercantile business in partnership with Solomon Kingsbury, in Painesville. Justice...
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, a justice of the peace in
Painesville
Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...
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, Ohio.
2
Docket Entry, between 4 and 15 Jan. 1834 [State of Ohio v. D. P. Hurlbut]; John C. Dowen, Statement, 2 Jan. 1885, Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; see also An Act Defining the Powers and Duties of the Justices of the Peace and Constables, in Criminal Cases [11 Mar. 1831], Acts of a General Nature, pp. 200–201, sec. 33.
Manuscripts about Mormons at Chicago History Museum, Research Center, ca. 1832–1954. Microfilm. Chicago Historical Society.
From 13 to 15 January 1834, Holbrook presided at a three-day preliminary hearing at the Methodist church in Painesville,
3
James A. Briggs, Brooklyn, NY, to John Codman, Mar. 1875, in Codman, “Mormonism,” 222.
Codman, John. “Mormonism.” International Review 11 (Sept. 1881): 221–234.
held to evaluate whether there was sufficient evidence against Hurlbut to send the case to the
Geauga County
Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...
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Court of Common Pleas.
4
See An Act Defining the Powers and Duties of the Justices of the Peace and Constables, in Criminal Cases [11 Mar. 1831], Acts of a General Nature, p. 196, secs. 11–12.
After examining sixteen witnesses—including JS for two days—Holbrook ruled that JS had reason to fear Hurlbut’s threat, and he ordered Hurlbut to enter into a
recognizance
“An obligation of record . . . to do some act required by law,” such as “to keep the peace, to pay a debt, or the like.” Recognizance is “somewhat like an ordinary bond, the difference being that a bond is the creation of a fresh debt, or obligation de novo...
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binding him to appear at the next term of the court of common pleas.
5
Docket Entry, between 4 and 15 Jan. 1834 [State of Ohio v. D. P. Hurlbut]; An Act Defining the Powers and Duties of the Justices of the Peace and Constables [11 Mar. 1831], Acts of a General Nature, p. 196, sec. 12.

In early April 1834, Judge
Matthew Birchard
19 Jan. 1804–16 June 1876. Lawyer, postmaster, editor. Born in Becket, Berkshire Co., Massachusetts. Son of Nathan Birchard and Marcy Ashley. Moved to Windham, Portage Co., Ohio, 1812. Admitted to Ohio bar, 1817. Moved to Warren, Trumbull Co., Ohio, 1822....
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of the court of common pleas presided at the trial. Seventeen prosecution witnesses, including JS, were subpoenaed to appear, as were seven defense witnesses.
6
Witness List, ca. 2 Apr. 1834 [State of Ohio v. D. P. Hurlbut]; “Mormon Trial,” Chardon (OH) Spectator and Geauga Gazette, 12 Apr. 1834, [3].
Chardon Spectator and Geauga Gazette. Chardon, OH. 1833–1835.
On 9 April, Birchard held that “the said complainant [JS] had ground to fear that the said
Doctor P. Hurlbut
3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 1832/1833...
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would wound, beat or kill him, or destroy his property as set forth in said complaint.” The judge ordered Hurlbut to enter into a $200
recognizance
“An obligation of record . . . to do some act required by law,” such as “to keep the peace, to pay a debt, or the like.” Recognizance is “somewhat like an ordinary bond, the difference being that a bond is the creation of a fresh debt, or obligation de novo...
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to keep the peace generally and toward JS specifically for six months, as well as to pay the court costs of $112.59.
7
Docket Entry, Ruling, 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut]; Transcript of Proceedings, ca. 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut]; JS, Journal, 7–9 Apr. 1834; An Act Defining the Powers and Duties of the Justices of the Peace and Constables [11 Mar. 1831], Acts of a General Nature, p. 196, sec. 15.
Despite efforts by
Geauga County
Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...
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officials to collect the costs, Hurlbut evidently never paid them.
8
Docket Entry, Costs, ca. 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut].

Calendar of Documents

This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

State of Ohio v. D. P. Hurlbut, Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court
1833 (2)
December (2)
21 December 1833
JS, Complaint, before John C. Dowen, Kirtland Township, Geauga Co., OH
21 Dec. 1833. Not extant.
1
See Docket Entry, between 4 and 15 Jan. 1834 [State of Ohio v. D. P. Hurlbut].

27 December 1833
John C. Dowen, Warrant, for Doctor Philastus Hurlbut, Kirtland Township, Geauga Co., OH
1
See Docket Entry, between 4 and 15 Jan. 1834 [State of Ohio v. D. P. Hurlbut]; and John C. Dowen, Statement, 2 Jan. 1885, Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum.
Collection of Manuscripts about Mormons, 1832–1954. Chicago History Museum.

1834 (2)
January (2)
Between 4 and 15 January 1834
Docket Entry, Painesville, Geauga Co., OH
Between 4 and 15 Jan. 1834. Not extant.
Between 15 Jan. and 2 Apr. 1834. Not extant.
1
Sometime between the conclusion of the preliminary hearing on 15 January 1834 and the opening of the case before the circuit court on 2 April, William Holbrook made a certified copy of his docket entry for the case. Holbrook gave the certified copy to the county prosecutor, Reuben Hitchcock, who conveyed the copy to the court of common pleas. (Transcript of Proceedings, ca. 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut]; An Act Defining the Powers and Duties of the Justices of the Peace and Constables [11 Mar. 1831], Acts of a General Nature, p. 197, sec. 21.)
Ca. 9 Apr. 1834; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. P, pp. 431–432, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.

15 January 1834
Recognizance, Painesville, Geauga Co., OH, for Doctor Philastus Hurlbut
15 January 1834. Not extant.
1
See Docket Entry, between 4 and 15 Jan. 1834 [State of Ohio v. D. P. Hurlbut].

State of Ohio v. D. P. Hurlbut, Geauga Co., Ohio, Court of Common Pleas
1834 (10)
January (1)
Between 4 and 15 January 1834
Docket Entry, Copy, Painesville, Geauga Co., OH
Between 15 Jan. and 2 Apr. 1834. Not extant.
1
This represents the certified copy of the docket entry made by Justice of the Peace William Holbrook and subsequently copied into the Geauga County Court of Common Pleas transcript of proceedings.
Ca. 9 Apr. 1834; in Transcript of Proceedings, Geauga County Court of Common Pleas, Common Pleas Record, vol. P, pp. 431–432, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.
2
This represents the version copied into the Geauga County Court of Common Pleas transcript of proceedings.

April (8)
1 April 1834
Subpoenas, Chardon, Geauga Co., OH
1 Apr. 1834. Not extant.
1
JS recorded in his journal that he spent 1 April 1834 “ingaged in makeing out some supenies for witness,” meaning he identified names for witnesses. The clerk for the court of common pleas would have then issued subpoenas for the witnesses to appear before the court on 2 April 1834 for trial. (JS, Journal, 1 Apr. 1834.)

Ca. 2 April 1834
Witness List, Chardon, Geauga Co., OH
Ca. 2 Apr. 1834;
1
Textual evidence indicates that the court clerk wrote this list prior to the opening of the case on 2 April 1834. The clerk initially inscribed four names in the defense witness list that were subsequently canceled, likely because those four individuals had also been designated as prosecution witnesses.
Witness Docket, 1831–1835, p. 110, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.

9 April 1834
Docket Entry, Ruling, Chardon, Geauga Co., OH
9 Apr. 1834;
1
Clerk David D. Aiken’s use of present tense in this document suggests that he wrote it on the day of the court’s decision, 9 April 1834. In addition, although Aiken indicated that the judge ordered Doctor Philastus Hurlbut to pay the case costs, the clerk did not provide a dollar amount, presumably because the costs had not yet been calculated, suggesting that this document was produced prior to the judgment docket containing the case costs.
Geauga County Court of Common Pleas, Journal, vol. M, p. 193, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

9 April 1834
Recognizance, Chardon, Geauga Co., OH, for Doctor Philastus Hurlbut
1
See Docket Entry, Ruling, 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut]; and Transcript of Proceedings, ca. 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut].

9 April 1834
Docket Entry, Witness Payments, Chardon, Geauga Co., OH
9 Apr. 1834; Order Book, 1831–1844, p. [50], Geauga County Archives and Records Center, Chardon, OH; microfilm at FHL; unidentified handwriting.

Ca. 9 April 1834
Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 9 Apr. 1834;
1
The case costs were inscribed sometime after the court rendered its decision on 9 April 1834. Since the court costs were evidently first calculated in this document, it had to have been inscribed after the ruling, but before the Transcript of Proceedings, since the latter document included the court costs.
Geauga County Court of Common Pleas, Execution Docket, vol. F, p. 82, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken.

Ca. 9 April 1834
Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 9 Apr. 1834;
1
The clerk wrote this document in past tense, suggesting that it was inscribed after the conclusion of the trial on 9 April 1834. As it provided the court costs, the transcript of proceedings had to have been made after the docket containing the case costs.
Geauga County Court of Common Pleas, Common Pleas Record, vol. P, pp. 431–432, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting; probable signature of Matthew Birchard.

16 April 1834
Capias ad Satisfaciendum, Chardon, Geauga Co., OH
1
See Docket Entry, Costs, ca. 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut].

December (1)
12 December 1834
Fieri Facias, Chardon, Geauga Co., OH
1

1836 (1)
February (1)
February 1836
Alias Fieri Facias, Chardon, Geauga Co., OH
February 1836. Not extant.
1

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Footnotes
[1]
For more on Hurlbut, see “Joseph Smith Documents from February 1833 through March 1834”; and Note to Newel K. Whitney, circa October 1833–Early 1834. Although JS’s complaint against Hurlbut is not extant, it likely reflected the language of an Ohio statute that made it “lawful for any person to make complaint on oath or affirmation, before a justice of the peace, stating amongst other things, that the person making such complaint, has just cause to fear, and does fear, that another will beat, wound, or kill him or her, or his or her ward, child, or children; or will commit some other act of personal violence upon him, her or them.” (An Act Defining the Powers and Duties of the Justices of the Peace and Constables, in Criminal Cases [11 Mar. 1831], Acts of a General Nature, pp. 195–196, sec. 9.)
[2]
Docket Entry, between 4 and 15 Jan. 1834 [State of Ohio v. D. P. Hurlbut]; John C. Dowen, Statement, 2 Jan. 1885, Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; see also An Act Defining the Powers and Duties of the Justices of the Peace and Constables, in Criminal Cases [11 Mar. 1831], Acts of a General Nature, pp. 200–201, sec. 33.
Manuscripts about Mormons at Chicago History Museum, Research Center, ca. 1832–1954. Microfilm. Chicago Historical Society.
[3]
James A. Briggs, Brooklyn, NY, to John Codman, Mar. 1875, in Codman, “Mormonism,” 222.
Codman, John. “Mormonism.” International Review 11 (Sept. 1881): 221–234.
[4]
See An Act Defining the Powers and Duties of the Justices of the Peace and Constables, in Criminal Cases [11 Mar. 1831], Acts of a General Nature, p. 196, secs. 11–12.
[5]
Docket Entry, between 4 and 15 Jan. 1834 [State of Ohio v. D. P. Hurlbut]; An Act Defining the Powers and Duties of the Justices of the Peace and Constables [11 Mar. 1831], Acts of a General Nature, p. 196, sec. 12.
[6]
Witness List, ca. 2 Apr. 1834 [State of Ohio v. D. P. Hurlbut]; “Mormon Trial,” Chardon (OH) Spectator and Geauga Gazette, 12 Apr. 1834, [3].
Chardon Spectator and Geauga Gazette. Chardon, OH. 1833–1835.
[7]
Docket Entry, Ruling, 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut]; Transcript of Proceedings, ca. 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut]; JS, Journal, 7–9 Apr. 1834; An Act Defining the Powers and Duties of the Justices of the Peace and Constables [11 Mar. 1831], Acts of a General Nature, p. 196, sec. 15.
[8]
Docket Entry, Costs, ca. 9 Apr. 1834 [State of Ohio v. D. P. Hurlbut].