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Introduction to State of Ohio v. Ritch Docket Entry, between 12 and circa 14 September 1837 [State of Ohio v. Ritch]

Introduction to State of Ohio v. Ritch

Page

State of Ohio v. Ritch
Geauga Co., Ohio, Justice of the Peace Court, 14 September 1837
 
Historical Introduction
On 12 September 1837, JS filed a complaint against
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
, Ohio, constable Abram Ritch alleging “unlawful oppression by
color of Office

A wrong committed by an officer under the pretended authority of office, whether a misdemeanor or redress by a legal action.

View Glossary
.”
1

Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch].


This charge was based on an
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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statute that provided legal recourse for citizens who were defrauded, injured, or oppressed by local government officials.
2

The statute indicated that upon conviction, the official could face a fine “not exceeding two hundred dollars,” imprisonment for up to six months, or both. This was not the first time JS had sought legal recourse against a government official in Ohio. In November 1836, he and several other Kirtland residents had petitioned local justice of the peace Arial Hanson to resign his office and leave their community, arguing that he was biased against the Latter-day Saints and had acted contrary to his office. (An Act for the Punishment of Certain Offences Therein Specified [11 Feb. 1815], Statutes of Ohio, vol. 2, p. 894, sec. 13; Petition to Arial Hanson, 7 Nov. 1836.)


Comprehensive Works Cited

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.

The events that led to this complaint are not known, but they may be related to JS’s trips through Painesville in the summer of 1837. As JS and
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
passed through Painesville on 27 July 1837, en route to
Canada

In late eighteenth and early nineteenth centuries, Canada referred to British colonies of Upper Canada and Lower Canada. Divided into Upper Canada and Lower Canada, 1791; reunited 10 Feb. 1841. Boundaries corresponded roughly to present-day Ontario (Upper...

More Info
,
county

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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sheriff
Abel Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

View Full Bio
arrested them based on legal actions recently commenced against the two men.
3

For more on this arrest, see Introduction to Seymour & Griffith v. Rigdon and JS; JS History, vol. B-1, 767, addenda, 6nS. Barker for the use of Bump v. JS and O. Cowdery was commenced on 26 July 1837. The following day, Painesville merchants Seymour & Griffith commenced an action on four promissory notes for which JS and Rigdon were responsible. (Transcript of Proceedings, Barker for the use of Bump v. JS and O. Cowdery, ca. 24 Oct. 1837 [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, microfilm 20,270, U.S. and Canada Records Collection, FHL; Transcript of Proceedings, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS].)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

JS’s history later noted that he and his companions were detained “all day by malicious and vexatious Law suits” but resumed their trip to Canada the next day, returning at the end of August.
4

JS History, vol. B-1, 767, addenda, 6nS, 770.


Although Kimball was the arresting officer in July, it is possible that JS had some interaction with Ritch that day or when the party passed through Painesville on their return from Canada in late August.
JS filed his complaint on 12 September 1837, a few weeks after his return to
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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, Ohio. That same day, Justice of the Peace
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

View Full Bio
issued a warrant for the arrest of Ritch, who was brought before him two days later.
5

Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch]. Cowdery, as a justice of the peace, only had authority “to inquire into the complaint,” then either commit those charged to jail, discharge them, or bind them to appear at the next term of the court of common pleas. He was not authorized to try the case. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Criminal Cases [27 Mar. 1837], Public Statutes at Large, of the State of Ohio, vol. 1, p. 340, sec. 1.)


Comprehensive Works Cited

The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.

At JS’s request, ten men were subpoenaed to testify, including two prominent individuals—associate judge of the
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
Court of Common Pleas Daniel Kerr, and
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
postmaster
Benjamin Adams

View Full Bio

.
6

Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch]; Transcript of Proceedings, Ford v. Day, 24 Oct. 1837 [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 230, microfilm 20,279, U.S. and Canada Records Collection, FHL; “Post Office Notice,” Painesville (OH) Republican, 12 Jan. 1837; “Mortuary,” Painesville (OH) Telegraph, 15 Sept. 1859, [3].


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Painesville Republican. Painesville, OH. 1836–1841.

Painesville Telegraph. Painesville, OH. 1822–1986.

Despite the subpoena, neither Kerr nor Adams testified at the hearing. Those who did testify before Cowdery included JS,
Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, and five other men, most of them Painesville residents.
7

Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch]. Among those testifying were George Pease and Horace Kingsbury, who were Painesville merchants, and Orrin Blossom, operator of a hotel in Painesville. Kingsbury had at one time been a member of the church, but JS identified him as one of his enemies in summer 1837. (“Notice,” Painesville [OH] Republican, 12 Jan. 1837, [3]; “Dentistry,” Painesville [OH] Telegraph, 25 July 1834, [3]; JS History, vol. B-1, 767.)


Comprehensive Works Cited

Painesville Republican. Painesville, OH. 1836–1841.

Painesville Telegraph. Painesville, OH. 1822–1986.

After hearing the testimony, Cowdery released Ritch due to lack of evidence to support the charge.
8

Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch].


 
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.
 

1837 (4)

September (4)

12 September 1837

JS, Complaint, Kirtland Township, Geauga Co., OH

  • 12 Sept. 1837. Not extant.
    1

    See Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch].


12 September 1837

Oliver Cowdery, Warrant, to Burton Phelps, for Abram Ritch, Kirtland Township, Geauga Co., OH

  • 12 Sept. 1837. Not extant.
    1

    See Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch].


12 September 1837

Subpoena, for Daniel Kerr and Others, Geauga Co., OH

  • 12 Sept. 1837. Not extant.
    1

    See Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch]. Although the docket entry identifies “subpoenas” served on ten individuals, the justice’s fee listed in the docket (twelve and a half cents) correlates with the fee allowed justices for issuing a single subpoena. (An Act to Regulate the Fees of Officers in Civil and Criminal Cases [5 Mar. 1831], Statutes of Ohio, vol. 3, p. 1772, sec. 7.)


    Comprehensive Works Cited

    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.

Between 12 and ca. 14 September 1837

Docket Entry, Kirtland Township, Geauga Co., OH

  • Between 12 and ca. 14 Sept. 1837; Cowdery, Docket Book, 224; handwriting of Oliver Cowdery; notation in handwriting of Oliver Cowdery.
  • Ca. 15 Sept. 1837. Not extant.
    1

    A certified transcript of the docket entry was sent to the county auditor. (See Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch].)


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Related Case Documents
Editorial Title
Introduction to State of Ohio v. Ritch
ID #
14867
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch].

    2. [2]

      The statute indicated that upon conviction, the official could face a fine “not exceeding two hundred dollars,” imprisonment for up to six months, or both. This was not the first time JS had sought legal recourse against a government official in Ohio. In November 1836, he and several other Kirtland residents had petitioned local justice of the peace Arial Hanson to resign his office and leave their community, arguing that he was biased against the Latter-day Saints and had acted contrary to his office. (An Act for the Punishment of Certain Offences Therein Specified [11 Feb. 1815], Statutes of Ohio, vol. 2, p. 894, sec. 13; Petition to Arial Hanson, 7 Nov. 1836.)

      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.

    3. [3]

      For more on this arrest, see Introduction to Seymour & Griffith v. Rigdon and JS; JS History, vol. B-1, 767, addenda, 6nS. Barker for the use of Bump v. JS and O. Cowdery was commenced on 26 July 1837. The following day, Painesville merchants Seymour & Griffith commenced an action on four promissory notes for which JS and Rigdon were responsible. (Transcript of Proceedings, Barker for the use of Bump v. JS and O. Cowdery, ca. 24 Oct. 1837 [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 237, microfilm 20,270, U.S. and Canada Records Collection, FHL; Transcript of Proceedings, ca. 24 Oct. 1837 [Seymour & Griffith v. Rigdon and JS].)

      U.S. and Canada Record Collection. FHL.

    4. [4]

      JS History, vol. B-1, 767, addenda, 6nS, 770.

    5. [5]

      Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch]. Cowdery, as a justice of the peace, only had authority “to inquire into the complaint,” then either commit those charged to jail, discharge them, or bind them to appear at the next term of the court of common pleas. He was not authorized to try the case. (An Act Defining the Powers and Duties of Justices of the Peace and Constables, in Criminal Cases [27 Mar. 1837], Public Statutes at Large, of the State of Ohio, vol. 1, p. 340, sec. 1.)

      The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.

    6. [6]

      Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch]; Transcript of Proceedings, Ford v. Day, 24 Oct. 1837 [Geauga Co. C.P. 1837], Geauga County Court of Common Pleas, Common Pleas Record, vol. U, p. 230, microfilm 20,279, U.S. and Canada Records Collection, FHL; “Post Office Notice,” Painesville (OH) Republican, 12 Jan. 1837; “Mortuary,” Painesville (OH) Telegraph, 15 Sept. 1859, [3].

      U.S. and Canada Record Collection. FHL.

      Painesville Republican. Painesville, OH. 1836–1841.

      Painesville Telegraph. Painesville, OH. 1822–1986.

    7. [7]

      Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch]. Among those testifying were George Pease and Horace Kingsbury, who were Painesville merchants, and Orrin Blossom, operator of a hotel in Painesville. Kingsbury had at one time been a member of the church, but JS identified him as one of his enemies in summer 1837. (“Notice,” Painesville [OH] Republican, 12 Jan. 1837, [3]; “Dentistry,” Painesville [OH] Telegraph, 25 July 1834, [3]; JS History, vol. B-1, 767.)

      Painesville Republican. Painesville, OH. 1836–1841.

      Painesville Telegraph. Painesville, OH. 1822–1986.

    8. [8]

      Docket Entry, between 12 and ca. 14 Sept. 1837 [State of Ohio v. Ritch].

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