Transcript of Proceedings, circa 9 April 1834 [State of Ohio v. D. P. Hurlbut]

  • Source Note
  • Historical Introduction

Document Transcript

Pleas before the Court of Common Pleas within and for the County of in the State of Ohio: at a term of said Court begun and held at in said County on the thirty first day of March in the year of our Lord one thousand eight hundred and thirty four.
Be it remembered that now at this term of the Court came , Esquire, on behalf of the State of , and placed on file a transcript from the docket of Esquire in the words and figures following that is to say:
“The State of Ohio ss. [scilicet] The State of Vs. . Complaint to compel the defendant to give Bonds to keep the Peace. On complaint of Joseph Smith Junr, against the defendant against a Justice of the Peace for in said County, made on the 21st of Dec. 1833. a warrant was issued by said Justice aforesa[i]d which was returned before me a Justice of the Peace for in the County aforesaid on the 2 4th day of January A.D. 1834 by Stephen Sherman a constable of with defendant in Court, and not being ready for the examination said constable is directed to keep the defendant in custody and return him again before the Court on the 6th day of January A.D. 1834 at 9 o’clock a.m. at his office in , at which time this defendant again appeared, and not being yet ready for the examination on the part of the State this cause is again postponed to the 13th of January 1834, at 9 o’clock a.m. and the defendant requested to be kept in custody by A[braham] Ritch const. of , at which time the defendant was again brought before the Court by A Ritch, constable, and all parties being ready for trial, the Court commenced the examination, and the following witnesses were examined on the part of the state, Amos Hodges, C[urtis] Hodges, Sarah Wait, , Mary Coply, Joseph Allen, M Hodges , J. Smith Jr, L. Copley C[harles A.] Holmes, , S. Slayton, Mr Wakefield, & E[lizur] Goodman, and the same were examined by the defendant. The examination [p. 431]
commenced Monday the 13th January 1834, and called January 15. 1834, after hea[r]ing the testimony it is the opinion of the Court that the Complainant had reason to fear that would Beat wound or Kill him or injure his property as set forth in his complaint and it is the consideration of the Court that the defendant enter into a recognizance to keep the peace generally and especallly towards the Complainant, and also to appear before the Court of Common Pleas on the first day of the term thereof next to be holden in and for said County and not depart without leave, or stand committed till the judgement of the Court be complied with
The defendant forthwith complied with the judgement of the Court & entered into a recognizance as provided by the Statute. The State of Ohio ss. I certify the fo[r]egoing to be substantially a true copy of my docket entry in the above entitled examination. , Justice of the Peace.”
—And thereupon came the for the County and also the said . And the Court having heard the said Complaint and also all the testimony adduced by the said Complainant, and also by the said defendant and having duly considered the same are of opinion that the said complainant had ground to fear that the said would wound, beat or kill him, or destroy his property as set forth in said complaint. Wherefore it is ordered and adjudged by the Court, that the said enter into a new recognizance with good and sufficient security in the sum of two hundred dollars hereafter to keep the peace, and be of good behavior to the citizens of the State of generally, and to the said Joseph Smith Junior in particular, for the period of six months, and it is further ordered that the said pay the costs of this prosecution, taxed at the sum of one hundred and twelve dollars, and fifty nine cents. And thereupon came the said , with Charles A. Holms and as his sureties in open court enter into a Recognizance in the penal sum of two hundred dollars each, conditioned that the said shall for the space of one year period of six months from and after this day keep the peace and be of good behavior to all the citizens of the State of generally, and to the said Joseph Smith Junr. in particular.
M[atthew] Birchard P. J. [p. 432]


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    Probable signature of Matthew Birchard.