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Letter from Newel K. Whitney, 20 April 1837

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Letter from Newel K. Whitney, 20 April 1837

Source Note

, Letter, , Geauga Co., OH, to JS and , , Wayne Co., NY, 20 Apr. 1837. Featured version copied [between ca. 27 June and ca. 5 Aug. 1839] in JS Letterbook 2, pp. 61–62; handwriting of ; JS Collection, CHL. For more complete source information, see the source note for JS Letterbook 2.

Historical Introduction

On 13 April 1837 filed a complaint with justice of the peace Edward Flint, alleging that JS tried to have him killed. With such an allegation, Newell incited public opinion against JS, and according to , JS’s “life was so beset & sought for by wicked and ungodly men for the testimony of Jesus, that he was under the necessity of fleeing from his house & home.” JS and left by 13 April, their departure so sudden that JS could not officiate at the weddings of Wilford Woodruff to Phebe Carter and to on 13 April, as he had planned.
On 20 April 1837, wrote the letter featured here to JS and , addressing it to ’s farm in , New York, where they apparently planned to travel. In the letter, Whitney apprised them of developments in two legal matters that involved JS: the criminal case brought against JS based on ’s complaint, and a lawsuit filed against JS and others by landowner for an unpaid debt. Whitney had discussed the cases with , a prominent lawyer in Ravenna, Ohio, and conveyed his advice to JS and Rigdon.
JS appears to have been absent from from 13 April until 19 May 1837, and his location during most of this time is unknown. Although he and intended to travel to and may have done so, they were present in , Ohio, on 25 April, when a local sheriff, , served them with a writ to appear in court. The writ stemmed from a lawsuit filed by New York merchant for an unpaid debt owed by the mercantile firm of Rigdon, Smith & Cowdery, dated 17 June 1836. Kimball accepted a bail bond on behalf of JS and Rigdon after , , , and “G. Bishop” (probably member ) acted as sureties that the men would be present for the trial on the Newbould debt on 5 June 1837. On 30 May, JS appeared before Justice of the Peace Flint in a preliminary hearing on ’s complaint; a continuance was granted and the trial was delayed until June.
The other legal matter discussed in ’s letter to JS and was a lawsuit brought against JS and others for defaulting on a promissory note. The $5,000 note—signed on 11 October 1836 by JS, Newel K. Whitney, , and —had been due on 1 January 1837 and seems to have been payment for land the men intended to purchase from Martindale. On 16 February 1837, Martindale’s lawyer, , brought the case to the Geauga County Court of Common Pleas. In conjunction with the writs issued by the court, sheriff arrested JS, Whitney, Cahoon, and Johnson on 22 February. Kimball accepted the four men’s bail bond, with , , , and acting as sureties, and released the men. On 21 March, and promised their goods and property as additional security for the payment of the note.
JS and may have traveled to in April 1837 in order to obtain money from to pay for the purchase. It is not clear if JS and Rigdon were at Harris’s Palmyra farm when they received the letter or if they received it at some other time during their spring 1837 travels. On 24 April, four days after this letter was written, Martindale’s lawyer filed a declaration with the court reviewing the debt and renewing litigation against JS, , , and . Sometime between 24 April and 5 June, the two parties settled the matter outside of court. Since no land deeds exist transferring title from Martindale to any of the men involved in the earlier land transaction, the settlement likely included ownership of the farm reverting to Martindale, which Whitney’s letter mentioned might be required.

Footnotes

  1. [1]

    Transcript of Proceedings, 5 June 1837, State of Ohio on Complaint of Newell v. JS [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book T, pp. 52–53, Geauga County Archives and Records Center, Chardon, OH. Grandison Newell had persecuted JS and other church members for several years. In 1837 he focused much of his opposition on the institution of the Kirtland Safety Society. (See Introduction to Part 5: 5 Oct. 1836–10 Apr. 1837.)

    Geauga Co., OH, Court of Common Pleas, Record Book T. Geauga County Archives and Records Center, Chardon, OH.

  2. [2]

    Woodruff, Journal, 13 Apr. 1837; see also “The Humbug Ended,” Painesville (OH) Republican, 15 June 1837, [2].

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

    Painesville Republican. Painesville, OH. 1836–1841.

  3. [3]

    Woodruff, Journal, 13 Apr. 1837. The trial record from Justice Flint indicates that a warrant was issued for JS on 13 April and that it was returned by the constable George Lockwood. Unlike other trial records, Flint does not mention if JS was arrested by Lockwood and released on a bail bond. Flint’s transcript only indicates that after the warrant was returned JS appeared before the justice court in Painesville, Ohio, on 30 May to be tried on Newell’s complaint. (Transcript of Proceedings, 5 June 1837, State of Ohio on Complaint of Newell v. JS [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book T, pp. 52–53, Geauga County Archives and Records Center, Chardon, OH.)

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

    Geauga Co., OH, Court of Common Pleas, Record Book T. Geauga County Archives and Records Center, Chardon, OH.

  4. [4]

    Martin Harris may have had residences in both Palmyra and Kirtland at this time. After separating from his first wife in the early 1830s, he married Caroline Young in late 1836 or early 1837 in Kirtland and may have established a home there as early as November 1836, while retaining his Palmyra farm. (Geauga Co., OH, Probate Court, Marriage Records, 1806–1920, 1 Nov. 1836, microfilm 873,464, U.S. and Canada Record Collection, FHL.)

    U.S. and Canada Record Collection. FHL.

  5. [5]

    Though JS may have returned to Kirtland as early as 10 May—the date Brigham Young’s account book contains an entry for JS—it is not clear that he was present in the immediate area until 19 May 1837, when he made a transaction at the store in Chester, Ohio. (Young, Account Book, [35]; “Bill of Goods Taken from the Chester Store,” 19–24 May 1837, JS Office Papers, CHL.)

    Young, Brigham. Account Book, 1836–1837, 1841–1846. CHL.

  6. [6]

    Transcript of Proceedings, 24 Oct. 1837, Newbould v. Rigdon, JS, and Cowdery [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book U, pp. 351–353, Geauga County Courthouse, Chardon, OH.

    Geauga Co., OH, Court of Common Pleas, Record Book U. Geauga County Archives and Records Center, Chardon, OH.

  7. [7]

    JS’s trial on the allegation of conspiring to have Newell killed was heard first by the justice court in Painesville and then by the Geauga County Court of Common Pleas. Judge Van R. Humphrey of the court of common pleas dismissed the charges against JS. (Transcript of Proceedings, 5 June 1837, State of Ohio on Complaint of Newell v. JS [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book T, pp. 52–53, Geauga County Archives and Records Center, Chardon, OH; “The Humbug Ended,” Painesville [OH] Republican, 15 June 1837, [2].)

    Geauga Co., OH, Court of Common Pleas, Record Book T. Geauga County Archives and Records Center, Chardon, OH.

    Painesville Republican. Painesville, OH. 1836–1841.

  8. [8]

    No deeds transferring property from Martindale to any of the four men are found in the Geauga County deed records. It is likely that the men attempted to buy the farm from Martindale but were unable to fulfill the payments.

  9. [9]

    Transcript of Proceedings, 5 June 1837, Martindale v. JS et al. [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book U, pp. 106–107, Geauga County Courthouse, Chardon, OH.

    Geauga Co., OH, Court of Common Pleas, Record Book U. Geauga County Archives and Records Center, Chardon, OH.

  10. [10]

    Transcript of Proceedings, 5 June 1837, Martindale v. JS et al. [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book U, pp. 106–107, Geauga County Courthouse, Chardon, OH.

    Geauga Co., OH, Court of Common Pleas, Record Book U. Geauga County Archives and Records Center, Chardon, OH.

  11. [11]

    Transcript of Proceedings, 5 June 1837, Martindale v. JS et al. [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book U, pp. 107–108, Geauga County Courthouse, Chardon, OH.

    Geauga Co., OH, Court of Common Pleas, Record Book U. Geauga County Archives and Records Center, Chardon, OH.

  12. [12]

    Record of Judgment, 5 June 1837, Martindale v. JS et al. [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Journal Book N, p. 189, Geauga County Archives and Record Center, Chardon, OH.

    Geauga County Archives and Records Center, Chardon, OH.

  13. [13]

    This was a common scenario when individuals who contracted to purchase land defaulted on their promissory notes or were otherwise unable to fulfill their financial obligations. (See, for example, Ames, Autobiography and Journal, [13].)

    Ames, Ira. Autobiography and Journal, 1858. CHL. MS 6055.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
*Letter from Newel K. Whitney, 20 April 1837
Letterbook 2

Page 61

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20th April 1837
Brother Joseph &
Your families are all well as usual and in good spirits— of Ravenna came here day before yesterday & after counseling together he thought best to defer doing any thing with Clarke & others for the present, but let them go on as they could do nothing— the enemy have learned that we have the advantage of them, and seem to be startled and Davis & Denton say they will rot in prison before they will testify in Court. The fact is Clarke and others have learned that they have said too much for their own good, and they feel more quiet than they did & the excitement got up by them runs low, in consequence of which says to me this morning write Joseph & to come home as soon as they please they need have any fears on account of the enemy at all——
, , & went and saw yesterday who says he will not settle otherwise than we pay him $2500 pay cost of Court & he keep the farm, or he will leave it to men to say how much we shall give him. thinks if we leave it to the Court to decide, will recover the 5000 $ therefore thinks [p. 61]
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Document Information

Related Case Documents
Editorial Title
Letter from Newel K. Whitney, 20 April 1837
ID #
346
Total Pages
2
Print Volume Location
JSP, D5:366–370
Handwriting on This Page
  • James Mulholland

Footnotes

  1. [1]

    Lucius Verus Bierce was the prosecuting attorney for Portage County, Ohio, from 1829 to 1839. He lived in Ravenna, Ohio, until 1851, when he moved to Akron, Ohio. He may have offered JS and Newel K. Whitney legal advice regarding the charges filed by Grandison Newell. JS had a respectful relationship with Bierce dating back to their first meeting in April 1834. (History of Portage County, Ohio, 337, 339; JS, Journal, 2–5 Apr. 1834.)

    History of Portage County, Ohio. Containing a History of the County, Its Townships, Towns, Villages, Schools, Churches, Industries, Etc. . . . Chicago: Warner, Beers, 1885.

  2. [2]

    This was likely Quartus Clarke, a miller in Kirtland who was antagonistic toward JS and the church. He was a witness in the trial State of Ohio on Complaint of Grandison Newell v. JS. In a letter to her sister Mercy, Mary Fielding also mentioned a Mr. Clarke who was cursed by JS for his refusal to sell his mill to the church. (Transcript of Proceedings, 5 June 1837, State of Ohio on Complaint of Newell v. JS [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book T, pp. 52–53, Geauga County Archives and Records Center, Chardon, OH; Guinn, Historical and Biographical Record of Southern California, 444; Mary Fielding, [Kirtland, OH], to Mercy Fielding, [Upper Canada], ca. June 1837, Mary Fielding Smith, Collection, CHL.)

    Geauga Co., OH, Court of Common Pleas, Record Book T. Geauga County Archives and Records Center, Chardon, OH.

    Guinn, J. M. Historical and Biographical Record of Southern California. Containing a History of Southern California from Its Earliest Settlement to the Opening Year of the Twentieth Century. Chicago: Chapman, 1902.

    Smith, Mary Fielding. Collection, ca. 1832–1848. CHL. MS 2779.

  3. [3]

    An unnamed enemy was also mentioned in Wilford Woodruff’s journal and in Emma Smith’s letters to JS. Although they do not identify the enemy who apparently wished to harm JS, it likely included Newell and his associates. (Woodruff, Journal, 13 Apr. 1837; Letter from Emma Smith, 25 Apr. 1837; Letter from Emma Smith, 3 May 1837; “The Humbug Ended,” Painesville [OH] Republican, 15 June 1837, [2].)

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

    Painesville Republican. Painesville, OH. 1836–1841.

  4. [4]

    In a May letter to Sidney Rigdon printed in the Painesville Telegraph, Grandison Newell claimed that two church members living in Kirtland, whom he later identified only by their surnames of Denton and Davis, were his would-be assassins. Newell likely referred to Solomon W. Denton, who was called as a witness in the trial. The identity of Davis is less certain. It may have been a reference to Marvel C. Davis, who was also listed as a witness in the trial record, although there is no indication that he testified. Both Solomon Denton and Marvel Davis had connections to the church, but Denton had been excommunicated two or three months before the June trial and Davis was disaffected at the time of the trial. (“To Sidney Rigdon—Letter No. 2,” Painesville [OH] Telegraph, 26 May 1837, [3]; Grandison Newell, Letter to the Editor, Painesville Telegraph, 30 June 1837, [3]; Transcript of Proceedings, 5 June 1837, State of Ohio on Complaint of Newell v. JS [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book T, pp. 52–53, Geauga County Courthouse, Chardon, OH.)

    Painesville Republican. Painesville, OH. 1836–1841.

    Painesville Telegraph. Painesville, OH. 1822–1986.

    Geauga Co., OH, Court of Common Pleas, Record Book T. Geauga County Archives and Records Center, Chardon, OH.

  5. [5]

    The suit Martindale was pursuing against JS, Newel K. Whitney, Reynolds Cahoon, and John Johnson for their defaulted promissory note of $5,000 had reached $7,500 in principal, damages, and interest by April 1837. (See Transcript of Proceedings, 5 June 1837, Martindale v. JS et al. [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book U, pp. 106–107, Geauga County Courthouse, Chardon, OH.)

    Geauga Co., OH, Court of Common Pleas, Record Book U. Geauga County Archives and Records Center, Chardon, OH.

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