Court case between Joseph Smith and Doctor Philastus Hurlbut.

Date
Jan 4, 1834 - Jan 15, 1834
Type
Speech / Court Transcript
Source
State of Ohio
Non-LDS
Hearsay
Direct
Reference

Docket Entry, between 4 and 15 January 1834 [State of Ohio v. D. P. Hurlbut], 431, The Joseph Smith Papers

Scribe/Publisher
The Joseph Smith Papers
People
State of Ohio, Doctor Philastus Hurlbut, Joseph Smith, Jr.
Audience
General Public
PDF
Transcription

The State of Ohio Geauga County ss. [scilicet] The State of Ohio Vs. Doctor P[hilastus] Hurlbut. Complaint to compel the defendant to give Bonds to keep the Peace. On complaint of Joseph Smith Junr, against the defendant against J[ohn] C. Dowen a Justice of the Peace for Kirtland township in said County, made on the 21st of Dec. 1833. a warrant was issued by said J. C. Dowen Justice aforesa[i]d which was returned before me William Holbrook a Justice of the Peace for Painsville township in the County aforesaid on the 2 4th day of January A.D. 1834 by Stephen Sherman a constable of Painesville township 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 Painesville, 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 Painesville township, 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, Burr Riggs, Mary Coply, Joseph Allen, M Hodges D[avid] Elliot, J. Smith Jr, L. Copley C[harles A.] Holmes, S[amuel] F. Whitney, S. Slayton, Mr Wakefield, T[ruman] Wait & E[lizur] Goodman, and the same were examined by the defendant. The examination 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 Doctor P. Hurlbut 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 Geauga County ss. I certify the fo[r]egoing to be substantially a true copyof my docket entry in the above entitled examination. Wm. Holbrook, Justice of the Peace.

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