| 445 On April 14,1834, it was agreed that Hyrum Smith and Lyman Wight should go west by the way of Michigan and the northern part of Illinois, visiting the churches and ascertaining what they would do for the brethren in Missouri, while Joseph, with the main company, was to take a more southerly route.
and figures following, that is to say: The State of Ohio Geauga County ss.
The State of Ohio } Complaint to compel the defendant to give bond to
v. } keep the peace. On complaint of Joseph Smith
Doctor P. Hurlbut.} Junr. against the defendant against J. C. Dowen, a Justice of the Peace for Kirtland Township in said County made on the 21st day of Dec. 1833 a warrant was issued by said J. C. Dowen, Justice aforesaid which was returned before me William Holbrook a Justice of the Peace for Painesville township in the County aforesaid on the 4th day of January A D 1834 by Stephen Sherman a Constable of Kirtland township with defendant in Court. And not being ready for the examination said Constable is directed to keep the defendant in custody and return him again before the Court on the 6th day of January A. D. 1834 at 9 O'clock A. M. at his office in Painesville, at which time the defendant again appeared and not being yet ready for the examination on the part of the state this cause is again postponed to the 13th of January 1834 at 9 O'clock A. M. and the defendant required to be kept in custody by A Ritch Const. of Painesville township, at which time the defendant was again brought before the Court by A Ritch Constable. And all parties being ready for trial the Court commenced the examination and the following witnesses were examined on the part of the State, Amos Hodges C. Hodges, Sarah Wait [Waite], Burr Priggs [Riggs] Mary Copley Joseph Allen M. Hodges D. Elliot J. Smith Jr. L. Copley C. Holmes S. I. Whitney S. Slayton Mr. Wakefield, I. Wait and E. Goodman and the same were examined by the defendant. The examination commenced Monday the 13th January 1834 and ended January 13, 1834. After hearing the testimony it is the opinion of the Court that the complainant had reason to fear that Doctor P. Hurlbut would beat wound or kill him or injure his property as set forth in his complaint, and it is the consideration of the Court that the defendant enter into a recognizance to keep the peace generally and especially towards the complainant and also to appear before the Court of Common Pleas on the first day of the term thereof next to be holden in and for said County and not depart without leave, or stand committed till the Judgment of the Court be complied with.
The defendant forthwith complied with the judgment of the Court & entered into a recognizance as provided by the Statute.
The State of Ohio } I certify the foregoing to be substantially a true
Geauga County ss. } copy of my docket entry in the above entitled examination.
William Holbrook Justice of the Peace.
And thereupon came the Prosecuting Attorney for the County and also the said defendant, and the Court having heard the said complaint and also all the testimony adduced by the said complainant, and also by the said defendant and having duly considered the same are of opinion that the said complainant 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. Wherefore it is ordered and adjudged by the Court that the said Doctor P. Hurlbut enter into a new recognizance with good
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