State of Ohio v. D. P. Hurlbut

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 15 January 1834

Geauga Co., Ohio, Court of Common Pleas, 9 April 1834

Historical Introduction

On 21 December 1833, JS filed a complaint before John C. Dowen, a justice of the peace in Kirtland Township, Ohio, alleging that Doctor Philastus Hurlbut, a former Mormon, had threatened his life. Dowen issued a warrant for Hurlbut, who was apprehended and brought before William Holbrook, a justice of the peace in Painesville, 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 Geauga County 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 recognizance binding him to appear at the next term of the court of common pleas.

In early April 1834, Judge Matthew Birchard 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 Doctor P. Hurlbut 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 recognizance 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 Geauga County officials to collect the costs, Hurlbut evidently never paid them.