Page
Page
State of Ohio v. JS for Assault and Battery, Geauga Co., OH, Court of Common Pleas, 20 June 1835
See Historical Introduction to Letter to Editor, 22 June 1835.
Docket Entry, 21–22 Apr. 1835 [State of Ohio v. JS for Assault and Battery]. As early as 1833, Newell had associated with individuals who were antagonistic toward the church in Geauga County, Ohio. (Winchester, Origin of the Spaulding Story, 9; Eber D. Howe, Statement, 8 Apr. 1885, Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum.)
Winchester, B[enjamin]. The Origin of the Spaulding Story, concerning the Manuscript Found; with a Short Biography of Dr. P. Hulbert, the Originator of the Same; and Some Testimony Adduced, Showing It to Be a Sheer Fabrication, So Far as Its Connection with the Book of Mormon Is Concerned. Philadelphia: Brown, Bicking, and Guilbert, 1840.
Collection of Manuscripts about Mormons, 1832–1954. Chicago History Museum.
Docket Entry, 21–22 Apr. 1835 [State of Ohio v. JS for Assault and Battery]. Ohio law authorized justices of the peace to hold preliminary hearings on assault and battery. If the defendant pleaded guilty, the justice could assess a fine “not exceeding one hundred dollars, nor less than five dollars,” plus costs. If the defendant declined to plead guilty, the justice would hear testimony to determine whether there was sufficient evidence to send the case to a full trial before the court of common pleas. Upon conviction, “the person so offending” would “be fined in any sum not exceeding one hundred and fifty dollars.” (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Criminal Cases [11 Mar. 1831], Acts of a General Nature, pp. 194–195, secs. 1–7; An Act for the Punishment of Certain Offences Therein Named [8 Mar. 1831], Acts of a General Nature, p. 146, sec. 10.)
Acts of a General Nature, Enacted, Revised and Ordered to Be Reprinted, at the First Session of the Twenty-Ninth General Assembly of the State of Ohio. Columbus: Olmsted and Bailhache, 1831.
Transcript of Proceedings, ca. 20 June 1835 [State of Ohio v. JS for Assault and Battery]; Indictment, between 16 and 20 June 1835 [State of Ohio v. JS for Assault and Battery]; Account of Trial, ca. 20 June 1835 [State of Ohio v. JS for Assault and Battery]. During the early nineteenth century, Ohio law specified “that all general issues and issues in fact, shall be tried by a jury, unless where both parties agree otherwise; in which case such issues may be tried by the court before whom they are pending.” However, this provision was not included in the 1831 judiciary act, the statute in force in 1835. Even without explicit statutory authorization, Birchard nevertheless allowed JS to waive his right to a jury in this case. (An Act Organizing the Judicial Courts [15 Apr. 1803], Statutes of Ohio, vol. 1, p. 357, sec. 15; An Act to Regulate the Practice of the Judicial Courts [8 Mar. 1831], Acts of a General Nature, pp. 58–81.)
The Statutes of Ohio and of the Northwestern Territory, Adopted or Enacted from 1788 to 1833 Inclusive: Together with the Ordinance of 1787; the Constitutions of Ohio and of the United States, and Various Public Instruments and Acts of Congress: Illustrated by a Preliminary Sketch of the History of Ohio; Numerous References and Notes, and Copious Indexes. 3 vols. Edited by Salmon P. Chase. Cincinnati: Corey and Fairbank, 1833–1835.
Acts of a General Nature, Enacted, Revised and Ordered to Be Reprinted, at the First Session of the Twenty-Ninth General Assembly of the State of Ohio. Columbus: Olmsted and Bailhache, 1831.
This may have been Latter-day Saint William Burgess or one of his sons, Harrison or Horace. (Transcript of Proceedings, ca. 20 June 1835 [State of Ohio v. JS for Assault and Battery]; Account of Trial, ca. 20 June 1835 [State of Ohio v. JS for Assault and Battery].)
© 2023 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06