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Introduction to State of Ohio v. D. P. Hurlbut

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 , a justice of the peace in , Ohio, alleging that , 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 , 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 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 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 officials to collect the costs, Hurlbut evidently never paid them.
 
Calendar of Documents
State of Ohio v. D. P. Hurlbut, Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court
 
21 December 1833 JS, Complaint, before John C. Dowen, Kirtland Township, Geauga Co., OH
21 Dec. 1833. Not extant.
 
27 December 1833 John C. Dowen, Warrant, for Doctor Philastus Hurlbut, Kirtland Township, Geauga Co., OH
27 Dec. 1833. Not extant.
 
Between 4 and 15 January 1834 Docket Entry, Painesville, Geauga Co., OH
Between 4 and 15 Jan. 1834. Not extant.
Between 15 Jan. and 2 Apr. 1834. Not extant.
Ca. 9 Apr. 1834; in Transcript of Proceedings, Geauga County Court of Common Pleas Record, vol. P, pp. 431–432, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.
 
15 January 1834 Recognizance, Painesville, Geauga Co., OH, for Doctor Philastus Hurlbut
15 Jan. 1834. Not extant.
 
State of Ohio v. D. P. Hurlbut, Geauga Co., Ohio, Court of Common Pleas
 
1 April 1834 Subpoenas, Chardon, Geauga Co., OH
1 Apr. 1834. Not extant.
 
Ca. 2 April 1834 Witness List, Chardon, Geauga Co., OH
Ca. 2 Apr. 1834; Witness Docket, 1831–1835, p. 110, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.
 
9 April 1834 Docket Entry, Ruling, Chardon, Geauga Co., OH
9 Apr. 1834; Geauga County Court of Common Pleas Journal, vol. M, p. 193, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
9 April 1834 Recognizance, Chardon, Geauga Co., OH, for Doctor Philastus Hurlbut
9 Apr. 1834. Not extant.
 
9 April 1834 Docket Entry, Witness Payments, Chardon, Geauga Co., OH
9 Apr. 1834; Order Book, 1831–1844, p. [50], Geauga County Archives and Records Center, Chardon, OH; microfilm at FHL; unidentified handwriting.
 
Ca. 9 April 1834 Docket Entry, Case Costs, Chardon, Geauga Co., OH
Ca. 9 Apr. 1834; Geauga County Court of Common Pleas, Execution Docket, vol. F, p. 82, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken.
 
Ca. 9 April 1834 Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 9 Apr. 1834; Geauga County Court of Common Pleas Record, vol. P, pp. 431–432, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting; probable signature of Matthew Birchard.
 
16 April 1834 Writ of Capias ad Satisfaciendum, Chardon, Geauga Co., OH
16 April 1834. Not extant.
 
12 December 1834 Fieri Facias, Chardon, Geauga Co., OH
12 December 1834. Not extant.
 
February 1836 Alias Fieri Facias, Chardon, Geauga Co., OH
February 1836. Not extant.
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 , a justice of the peace in , Ohio, alleging that , 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 , 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 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 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 officials to collect the costs, Hurlbut evidently never paid them.
 
Calendar of Documents
State of Ohio v. D. P. Hurlbut, Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court
 
21 December 1833 JS, Complaint, before John C. Dowen, Kirtland Township, Geauga Co., OH
21 Dec. 1833. Not extant.
 
27 December 1833 John C. Dowen, Warrant, for Doctor Philastus Hurlbut, Kirtland Township, Geauga Co., OH
27 Dec. 1833. Not extant.
 
Between 4 and 15 January 1834 Docket Entry, Painesville, Geauga Co., OH
Between 4 and 15 Jan. 1834. Not extant.
Between 15 Jan. and 2 Apr. 1834. Not extant.
Ca. 9 Apr. 1834; in Transcript of Proceedings, Geauga County Court of Common Pleas Record, vol. P, pp. 431–432, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.
 
15 January 1834 Recognizance, Painesville, Geauga Co., OH, for Doctor Philastus Hurlbut
15 Jan. 1834. Not extant.
 
State of Ohio v. D. P. Hurlbut, Geauga Co., Ohio, Court of Common Pleas
 
1 April 1834 Subpoenas, Chardon, Geauga Co., OH
1 Apr. 1834. Not extant.
 
Ca. 2 April 1834 Witness List, Chardon, Geauga Co., OH
Ca. 2 Apr. 1834; Witness Docket, 1831–1835, p. 110, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting.
 
9 April 1834 Docket Entry, Ruling, Chardon, Geauga Co., OH
9 Apr. 1834; Geauga County Court of Common Pleas Journal, vol. M, p. 193, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
 
9 April 1834 Recognizance, Chardon, Geauga Co., OH, for Doctor Philastus Hurlbut
9 Apr. 1834. Not extant.
 
9 April 1834 Docket Entry, Witness Payments, Chardon, Geauga Co., OH
9 Apr. 1834; Order Book, 1831–1844, p. [50], Geauga County Archives and Records Center, Chardon, OH; microfilm at FHL; unidentified handwriting.
 
Ca. 9 April 1834 Docket Entry, Case Costs, Chardon, Geauga Co., OH
Ca. 9 Apr. 1834; Geauga County Court of Common Pleas, Execution Docket, vol. F, p. 82, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notations in handwriting of David D. Aiken.
 
Ca. 9 April 1834 Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 9 Apr. 1834; Geauga County Court of Common Pleas Record, vol. P, pp. 431–432, Geauga County Archives and Records Center, Chardon, OH; unidentified handwriting; probable signature of Matthew Birchard.
 
16 April 1834 Writ of Capias ad Satisfaciendum, Chardon, Geauga Co., OH
16 April 1834. Not extant.
 
12 December 1834 Fieri Facias, Chardon, Geauga Co., OH
12 December 1834. Not extant.
 
February 1836 Alias Fieri Facias, Chardon, Geauga Co., OH
February 1836. Not extant.