Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 15 January 1834
Geauga Co., Ohio, Court of Common Pleas, 9 April 1834
On 21 December 1833, JS filed a complaint before , a justice of the peace in , Ohio, alleging that , a former Mormon, had threatened his life. Dowen issued a warrant for Hurlbut, who was apprehended and brought before , a justice of the peace in , Ohio. From 13 to 15 January 1834, Holbrook presided at a three-day preliminary hearing at the Methodist church in Painesville, held to evaluate whether there was sufficient evidence against Hurlbut to send the case to the Court of Common Pleas. 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 binding him to appear at the next term of the court of common pleas.
In early April 1834, Judge of the court of common pleas presided at the trial. Seventeen prosecution witnesses, including JS, were subpoenaed to appear, as were seven defense witnesses. On 9 April, Birchard held that “the said complainant [JS] had ground to fear that the said 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 to keep the peace generally and toward JS specifically for six months, as well as to pay the court costs of $112.59. Despite efforts by officials to collect the costs, Hurlbut evidently never paid them.
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
21 December 1833
JS, Complaint, before John C. Dowen, Kirtland Township, Geauga Co., OH
21 Dec. 1833. Not extant.
27 December 1833
John C. Dowen, Warrant, for Doctor Philastus Hurlbut, Kirtland Township, Geauga Co., OH
9 Apr. 1834; Order Book, 1831–1844, p. , 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; 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; 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.
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.)
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.