Pleas before the Court of Common Pleas within and for the County of Geauga in the State of Ohio at a Term of said Court begun and held at Chardon on the third day of April in the year of our Lord one thousand eight hundred and thirty eight.

Be it remembered, that heretofore to wit on the eleventh day of October in the year of our Lord one thousand eight hundred and thirty seven, Justus Wright sued out of the office of the Clerk of said Court a writ of Capias ad respondendum against Sidney Rigdon and others in the words and figures following to wit:—

“The State of Ohio)

Geauga County ss.)

Seal To the Sheriff of said County. . . Greeting:— We command you that you take Sidney Rigdon, Joseph Smith Jr. Oliver Cowdery Newell [Newel] K. Whitney & John Johnson if they be found in your bailiwick and them safely keep so that you have them before our Court of Common Pleas for said County at the Court House in Chardon on the twenty fourth day of October instant to answer unto Justus Wright in a plea of assumpsit damages fifteen hundred dollars and have you then there this writ. Witness D[avid] D. Aiken Clerk of said Court at Chardon this eleventh day of October AD 1837. D. D. Aiken Clerk.”

Upon which writ was the following endorsment to wit:

“Suit brot. on two notes given by defendants to plaintiff for the sum of five hundred dollars each, dated Kirtland Oct. 3. AD 1836. Also for goods sold and delivered money had & received &c.”

Afterwards to wit, at the October Term of said Court in the year last aforesaid the foregoing writ was returned into Court by the Sheriff of our said County endorsed as follows to wit:—

“The State of Ohio Geauga County ss. In obedience to the command of the annexed writ of Capias I on the 19th day of October AD 1837 arrested the said Newel K. Whitney & John Johnson and took their bond with sureties in the penal sum of two thousand dollars conditioned that they appear before the Court of Common Pleas next to be held in in said County on the first day of the Term thereof and then and there enter special bail in the action. A copy of which Bond is herewith returned. The other defendants are not found in my bailiwick. Oct. 21. 1837. Abel Kimball 2d. Sheriff J. A. Tracy Deputy.”

Whereupon the following Recognizance of Special Bail was entered into to wit:—

“Justus Wright) Assumpsit—

vs)

Newel K. Whitney)

& John Johnson)

The State of Ohio)

Geauga County to wit:)

Be it remembered that on this 24th day of October AD 1837 Newel K. Whitney, John Johnson Heman Hyde and Jacob Bump of the County of Geauga personally appeared before me D D Aiken Clerk of the Court of Common Pleas of the said County of Geauga and severally acknowledged themselves to owe unto Justus Wright the sum of three thousand dollars each to be levied upon their several goods and chattels, lands tenements and real estates upon condition that if the defendants Newel K. Whitney and John Johnson shall be condemned in this action at the suit of Justus Wright the plaintiff they shall pay the costs and condemnation of the Court or be rendered or render themselves into the custody of the Sheriff of said County for the same; or in case of failure that the said Heman Hyde and Jacob Bump will pay the costs and condemnation for them. Taken and acknowledged the day and year above written before me. D. D. Aiken Clerk.”

Whereupon it was ordered by the Court that this cause be continued until the next term of said Court. Afterwards to wit on the fourth day of December in the year last aforesaid the said plaintiff filed in the Clerks office aforesaid his declaration in the words and figures following to wit:—

“The State of Ohio)

Geauga County ss.)

In Common Pleas vac. after October Term AD 1837. Newel K. Whitney and John Johnson (the Sheriff of said County having returned not found as to Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery a gainst whom process in this cause was also issued) were attached to answer unto Justus Wright in a plea of assumpsit, and thereupon the said plaintiff complains for that whereas the said Sidney Rigdon Joseph Smith Jr. & Oliver Cowdery under the name style & signature of Rigdon Smith & Cowdery the said Newel K. Whitney under the signature of N. K. Whitney and the said Johnson on the third day of October AD eighteen hundred and thirty six at Kirtland in said County, then & there made their promissory note in writing and delivered the same to the said plaintiff and thereby then and there jointly and severally promised to pay the said plaintiff or order at the Commercial Bank of Lake Erie at Cleveland five hundred dollars on the first day of May then next ensuing (to wit, on the first day of May AD 1837) for value received, which said period of time has now elapsed and the said John Johnson, Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery under the said name and style of Rigdon, Smith & Cowdery and the said Newel K. Whitney under the said signature of N. K. Whitney then & there in consideration of the premises promised to pay the amount of said note to the said plaintiff according to the tenor and effect thereof. And also for that whereas the said John Johnson, Newel K. Whitney, and the said Sidney Rigdon Joseph Smith Jr. & Oliver Cowdery, heretofore to wit, on the said third day of October AD eighteen hundred and thirty six at Kirtland in the County first aforesaid the said Newel K. Whitney under the signature of N. K. Whitney and the said Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery under the title name style & signature of Rigdon, Smith & Cowdery made their other promissory note in writing and delivered the same to the said plaintiff and thereby then & there jointly and severally promised to pay to the said plaintiff or order five hundred dollars at the Commercial Bank of Lake Erie on the first day of October then next ensueing with use after the first day of May then next ensuing (to wit after the first day of May AD 1837) for value received, which period of time in said note mentioned for the payment of the same has now elapsed, And the said John Johnson, Newel K. Whitney under the signature of N. K. Whitney, & the said Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery under the said last mentioned name, style & signature of Rigdon, Smith & Cowdery then & there in consideration of the premises promised to pay the amount of said last mentioned note to the said plaintiff according to the tenor and effect thereof. And also for that whereas the said John Johnson, Newel K. Whitney, Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery under the name style & signatures last aforesaid heretofore to wit, on the first day of October AD eighteen hundred and thirty seven at Kirtland in the County last aforesaid were indebted to the said plaintiff in the further sum of twelve hundred dollars for the price and value of goods before that time bargained, sold & delivered by the plaintiff to the said John Johnson, Newel K. Whitney, Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery at their request: And in twelve hundred dollars for the price and value of work & labour before that time done by the plaintiff and materials for the same provided by the plaintiff for the said John Johnson, Newel K. Whitney, Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery at their request: And in twelve hundred dollars for money before that time paid by the plaintiff for the use of the said John Johnson, Newel K. Whitney, Sidney Rigdon, Joseph Smith Jr. and Oliver Cowdery at their request: 2And in twelve hundred dollars for money before that time received by the said John Johnson, Newel K. Whitney, Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery for the use of the said plaintiff: And in twelve hundred dollars for money found to be due from the said John Johnson, Newel K. Whitney, Sidney Rigdon Joseph Smith Jr. and Oliver Cowdery to the said plaintiff on an account before that time stated between them. And whereas also the said John Johnson, Newel K. Whitney, Sidney Rigdon, Joseph Smith Jr. & Oliver Cowdery afterwards on the day & year last aforesaid in consideration of the premises then and there promised to pay the said several sums of money above mentioned to the said plaintiff on request: Yet they have disregarded their said prom ises and have not paid the said several sums of money nor either of them nor any part thereof, to the damage of the said plaintiff fifteen hundred dollars, and therefore he brings suit &c.

Bissel [Benjamin Bissell] & [Salmon] Axtell Attys for Plff.”

And now at this Term of said Court that is to say at the Term thereof first aforesaid comes the said plaintiff, and the defendants being three times demanded to come into Court and defend this suit, come not but make default. It is therefore considered by the Court that the plaintiff recover against the said defendants Newel K. Whitney & John Johnson his damages by the Court here assessed to the sum of one thousand & fifty five dollars and thirty one cents, and also his costs and charges by him in and about the prosecuting of this suit in that behalf expended taxed at eleven dollars and fifty one cents; And it is ordered by the Court that the said defendants pay the costs and charges by them made in and about the defending of this suit taxed at one dollar and eighty nine cents, and default thereof that execution issue to collect the same.

Van R Humphrey Prst