Introduction to State of Ohio v. JS for Assault and Battery
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State of Ohio v. JS for Assault and Battery
Painesville Township, Geauga Co., Ohio, Justice of the Peace Court, 22 April 1835
Geauga Co., Ohio, Court of Common Pleas, 20 June 1835
Historical Introduction
On 21 April 1835, Justice of the Peace of , Ohio, issued a warrant for JS’s arrest for the assault and battery of his brother-in-law in , Ohio. The incident allegedly occurred earlier that day, during an argument between JS and Stoddard over whether a parcel of land contained water. Eyewitnesses gave differing accounts of the altercation, with some asserting that Stoddard threatened JS with a cane, a claim Stoddard denied. Witnesses agreed that JS knocked Stoddard to the ground with the flat of his hand, although they differed as to the number of times he hit him. JS subsequently asked for Stoddard’s forgiveness, which Stoddard granted. However, , an opponent of the church living in Painesville, filed a complaint before Miller, apparently claiming to have witnessed the fight.
After issued the warrant on 21 April, it was served the same day by Constable , who then brought JS before Miller for a preliminary hearing. Attorneys and represented the state, while and represented the defense. Miller subpoenaed five witnesses. For an unknown reason, he then adjourned until the following day and granted JS bail rather than holding him in custody overnight. On 22 April, Miller heard testimony from four members of the Smith family—JS’s parents, and , and his brothers and . was evidently not available to testify. The justice held that there was sufficient evidence to send the case to the Court of Common Pleas and ordered JS to enter into a recognizance for $200 on the condition that he appear at the court’s next session.
The next term of the Court of Common Pleas began on 16 June 1835. was the prosecuting attorney; it is unknown who represented JS. A grand jury indicted JS for unlawfully striking “with force and arms.” JS pleaded “guilty, unless the Court on hearing the evidence adduced shall be of opinion that he is not guilty.” According to the Painesville Telegraph, “by consent of the parties, the case was submitted to the Court without Jury.” JS may have believed that presiding judge would be less biased against him than a jury. On 20 June, Birchard heard testimony from Stoddard, , , and a man named Burgess. The judge held that JS was “not guilty as he Stands charged” and “ordered that he be discharged from said Indictment.” The Telegraph, reporting that Stoddard had testified that he forgave JS, indicated that Birchard made his decision because “the injured party was satisfied” and because “the assault might perhaps be justified on the principle of self-defence.”
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
Painesville Township, Geauga Co., Ohio, Justice of the Peace Court
1835 (11)
April (11)
21 April 1835
Grandison Newell, Complaint, Painesville Township, Geauga Co., OH
21 Apr. 1835. Not extant.
21 April 1835
Lewis Miller, Warrant, for JS, Painesville Township, Geauga Co., OH
21 Apr. 1835. Not extant.
21 April 1835
Lewis Miller, Subpoena, for Hyrum Smith, Painesville Township, Geauga Co., OH
21 Apr. 1835. Not extant.
21 April 1835
Lewis Miller, Subpoena, for William Smith, Painesville Township, Geauga Co., OH
21 Apr. 1835. Not extant.
21 April 1835
Lewis Miller, Subpoena, for Joseph Smith Sr., Painesville Township, Geauga Co., OH
21 Apr. 1835. Not extant.
21 April 1835
Lewis Miller, Subpoena, for Lucy Mack Smith, Painesville Township, Geauga Co., OH
21 Apr. 1835. Not extant.
21 April 1835
Lewis Miller, Subpoena, for Calvin Stoddard, Painesville Township, Geauga Co., OH
21 Apr. 1835. Not extant.
21 April 1835
JS, Recognizance, Painesville Township, Geauga Co., OH
21 Apr. 1835. Not extant.
21–22 April 1835
Docket Entry, Painesville Township, Geauga Co., OH
21–22 Apr. 1835; Lewis Miller, Docket Book (fragment), 332, Huntington Library, San Marino, CA; handwriting of Lewis Miller; notation in handwriting of Lewis Miller.
25 Apr. 1835. Not extant.
22 April 1835
JS, Roger Orton, and Joel McWithey, Recognizance, Painesville Township, Geauga Co., OH
22 Apr. 1835. Not extant.
22 April 1835
Recognizance, Painesville Township, Geauga Co., OH
22 Apr. 1835. Not extant.
Geauga Co., Ohio, Court of Common Pleas
1835 (3)
April (1)
21–22 April 1835
Docket Entry, Copy, Painesville Township, Geauga Co., OH
Transcript of Proceedings, Chardon, Geauga Co., OH
Ca. 20 June 1835; Geauga County Court of Common Pleas, Common Pleas Record, vol. Q, pp. 497–498, Geauga County Archives and Records Center, Chardon, OH; handwriting of Thomas P. Aiken; signature of Matthew Birchard.
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.
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.