Transcript of Proceedings, circa 20 June 1835 [State of Ohio v. JS for Assault and Battery]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas, within and for the County of , and State of , on the sixteenth day of June in the year of our Lord one thousand eight hundred and thirty five.—
Be it Remembered, that at this term of said Court, to wit; on the day and year aforesaid, the Jurors of the Grand Jury then and there returned &c. to wit; Benjamin Blish [Jr.], John Slater, , Simeon Winchell Junr., Collins Morse, Dexter Otis, Thaddeus Cook, Elijah P. Allen, Laban Brown, , Warren French, Julian C. Huntington, James Hathaway, Joseph Ely, and appeared at the bar of the Court and presented their against Joseph Smith Junr. for assault and Battery in the words and figures following, to wit;
“The State of Ohio)
ss. [scilicet])
At a Court of Common Pleas began and held at the Court House in , within and for the County of , and State of , on the sixteenth day of June in the year of our Lord one thousand eight hundred and thirty five, The Jurors of the Grand Jury, then and there returned, treid, empannelled, sworn and charged to inquire within and for the body of the County of , upon their oaths, in the name and by the authority of the State of , Do Present—
The That Joseph Smith Junior late of in the aforesaid, on the twenty first day of April <​in the year of our Lord one​> with force and arms at , in the aforesaid, one in the peace [p. 497]
thousand eight hundred and thirty five with force and arms, at , in the aforesaid, one in the peace of our said then and there bring, then and there did unlawfully strike. Contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the State of .—
Prosecuting Attorney.”
And thereupon came the Prosecuting for the , and also the said Joseph Smith Junior, in his proper person.— And the said Joseph Smith Junior Pleaded to the foregoing Indictment, and said thereof he is guilty, unless the Court on hearing the evidence adduced shall be of opinion that he is not guilty—. And the Court having heard the evidence do adjudge that the said Joseph Smith Junr. is not guilty as he Stands charged in said Indictment.— Wherefore it was ordered that he be discharged from said Indictment, and go thereof without day
M[atthew] Birchard PJ [President Judge] [p. 498]

Footnotes

  1. 1

    TEXT: Possibly “tried”.  

  2. new scribe logo

    Probable signature of Matthew Birchard.