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Letter from Newel K. Whitney, 20 April 1837

Source Note

Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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, Letter,
Kirtland Township

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...

More Info
, Geauga Co., OH, to 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...

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,
Palmyra

First permanent white settlers arrived, ca. 1789. Included village of Palmyra. Erie Canal opened, 1825, in southern portion of township. Population in 1810 about 2,200. Population in 1830 about 3,400. Home of Joseph Smith Sr. and Lucy Mack Smith family, beginning...

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, 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
James Mulholland

1804–3 Nov. 1839. Born in Ireland. Baptized into Church of Jesus Christ of Latter-day Saints. Married Sarah Scott, 8 Feb. 1838/1839, at Far West, Caldwell Co., Missouri. Engaged in clerical work for JS, 1838, at Far West. Ordained a seventy, 28 Dec. 1838....

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; JS Collection, CHL. For more complete source information, see the source note for JS Letterbook 2.

Historical Introduction

On 13 April 1837
Grandison Newell

2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...

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filed a complaint with justice of the peace Edward Flint, alleging that JS tried to have him killed.
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.)


Comprehensive Works Cited

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

With such an allegation, Newell incited public opinion against JS, and according to
Wilford Woodruff

1 Mar. 1807–2 Sept. 1898. Farmer, miller. Born at Farmington, Hartford Co., Connecticut. Son of Aphek Woodruff and Beulah Thompson. Moved to Richland, Oswego Co., New York, 1832. Baptized into Church of Jesus Christ of Latter-day Saints by Zera Pulsipher,...

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, 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.”
2

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


Comprehensive Works Cited

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

Painesville Republican. Painesville, OH. 1836–1841.

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...

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left
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...

More Info
by 13 April, their departure so sudden that JS could not officiate at the weddings of Wilford Woodruff to Phebe Carter and
Jonathan Holmes

11 Mar. 1806–18 Aug. 1880. Shoemaker, farmer. Born in Georgetown, Essex Co., Massachusetts. Son of Nathaniel Holmes and Sally Harriman. Baptized into Church of Jesus Christ of Latter-day Saints by John F. Boynton, 1832. Moved to Kirtland, Geauga Co., Ohio...

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to
Marietta Carter

1 Apr. 1818–20 Aug. 1840. Born at Benson, Rutland Co., Vermont. Daughter of John S. Carter and Elizabeth Kenyon. Received patriarchal blessing from Joseph Smith Sr., 29 Jan. 1836, at Kirtland, Geauga Co., Ohio. Married to Jonathan Harriman Holmes by Frederick...

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on 13 April, as he had planned.
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.)


Comprehensive Works Cited

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.

On 20 April 1837,
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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wrote the letter featured here to JS and
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...

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, addressing it to
Martin Harris

18 May 1783–10 July 1875. Farmer. Born at Easton, Albany Co., New York. Son of Nathan Harris and Rhoda Lapham. Moved with parents to area of Swift’s landing (later in Palmyra), Ontario Co., New York, 1793. Married first his first cousin Lucy Harris, 27 Mar...

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’s farm in
Palmyra

First permanent white settlers arrived, ca. 1789. Included village of Palmyra. Erie Canal opened, 1825, in southern portion of township. Population in 1810 about 2,200. Population in 1830 about 3,400. Home of Joseph Smith Sr. and Lucy Mack Smith family, beginning...

More Info
, New York, where they apparently planned to travel.
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.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

In the letter, Whitney apprised them of developments in two legal matters that involved JS: the criminal case brought against JS based on
Newell

2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...

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’s complaint, and a lawsuit filed against JS and others by
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...

More Info
landowner
Timothy Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

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for an unpaid debt. Whitney had discussed the cases with
Lucius Bierce

4 Aug. 1801–11 Nov. 1876. Lawyer, military general, politician. Born at Cornwall, Litchfield Co., Connecticut. Son of William Bierce and Abigail Bell. Moved to Nelson, Portage Co., Ohio, ca. 1816; to Athens, Athens Co., Ohio, 1817; to Lancaster, Lancaster...

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, a prominent lawyer in Ravenna, Ohio, and conveyed his advice to JS and Rigdon.
JS appears to have been absent from
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...

More Info
from 13 April until 19 May 1837, and his location during most of this time is unknown.
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.)


Comprehensive Works Cited

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

Although he and
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...

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intended to travel to
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

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and may have done so, they were present in
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...

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, Ohio, on 25 April, when a local 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...

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, served them with a writ to appear in court. The writ stemmed from a lawsuit filed by New York merchant
John A. Newbould

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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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
William Smith

13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...

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,
Roger Orton

Ca. 1799–1851. Miller. Son of Roger Orton and Esther Avery. Moved to Geneseo, Ontario Co., New York, by 1810. Married Clarissa Bicknell, ca. 1822. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, by 1834. Participated in Camp ...

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,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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, and “G. Bishop” (probably
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

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member
Francis Gladden Bishop

19 June 1809–30 Nov. 1864. Watchmaker, minister. Born at Livonia, Ontario Co., New York. Son of Isaac Gates Bishop and Mary Hyde. Served as minister in Freewill Baptist Church, by 1831. Baptized into Church of Jesus Christ of Latter-day Saints and ordained...

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) acted as sureties that the men would be present for the trial on the Newbould debt on 5 June 1837.
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.


Comprehensive Works Cited

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

On 30 May, JS appeared before Justice of the Peace Flint in a preliminary hearing on
Grandison Newell

2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...

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’s complaint; a continuance was granted and the trial was delayed until June.
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].)


Comprehensive Works Cited

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

Painesville Republican. Painesville, OH. 1836–1841.

The other legal matter discussed in
Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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’s letter to JS and
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...

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was a lawsuit
Timothy Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

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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,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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, and
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

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—had been due on 1 January 1837 and seems to have been payment for land the men intended to purchase from Martindale.
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.


On 16 February 1837, Martindale’s lawyer,
Reuben Hitchcock

2 Sept. 1806–9 Dec. 1883. Attorney, judge, railroad executive. Born in Burton, Geauga Co., Ohio. Son of Peter Hitchcock and Nabby Cook. Moved to New Haven, New Haven Co., Connecticut. Graduated from Yale University, 1826. Taught at Burton Academy, ca. 1826...

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, brought the case to the Geauga County Court of Common Pleas.
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.


Comprehensive Works Cited

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

In conjunction with the writs issued by the court, 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...

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arrested JS, Whitney, Cahoon, and Johnson on 22 February. Kimball accepted the four men’s bail bond, with
Warren Parrish

10 Jan. 1803–3 Jan. 1877. Clergyman, gardener. Born in New York. Son of John Parrish and Ruth Farr. Married first Elizabeth (Betsey) Patten of Westmoreland Co., New Hampshire, ca. 1822. Lived at Alexandria, Jefferson Co., New York, 1830. Purchased land at...

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,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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,
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...

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, and
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

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acting as sureties, and released the men. On 21 March,
Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

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and
Roger Orton

Ca. 1799–1851. Miller. Son of Roger Orton and Esther Avery. Moved to Geneseo, Ontario Co., New York, by 1810. Married Clarissa Bicknell, ca. 1822. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, by 1834. Participated in Camp ...

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promised their goods and property as additional security for the payment of the note.
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.


Comprehensive Works Cited

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

JS and
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...

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may have traveled to
Palmyra

First permanent white settlers arrived, ca. 1789. Included village of Palmyra. Erie Canal opened, 1825, in southern portion of township. Population in 1810 about 2,200. Population in 1830 about 3,400. Home of Joseph Smith Sr. and Lucy Mack Smith family, beginning...

More Info
in April 1837 in order to obtain money from
Martin Harris

18 May 1783–10 July 1875. Farmer. Born at Easton, Albany Co., New York. Son of Nathan Harris and Rhoda Lapham. Moved with parents to area of Swift’s landing (later in Palmyra), Ontario Co., New York, 1793. Married first his first cousin Lucy Harris, 27 Mar...

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to pay for the
Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

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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,
Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
,
Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

View Full Bio
, and
Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
.
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.


Comprehensive Works Cited

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

Sometime between 24 April and 5 June, the two parties settled the matter outside of court.
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.


Comprehensive Works Cited

Geauga County Archives and Records Center, Chardon, OH.

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.
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].)


Comprehensive Works Cited

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

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

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...

More Info
20th April 1837
Brother Joseph &
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
Your families are all well as usual and in good spirits—
Mr Burse [Lucius Bierce]

4 Aug. 1801–11 Nov. 1876. Lawyer, military general, politician. Born at Cornwall, Litchfield Co., Connecticut. Son of William Bierce and Abigail Bell. Moved to Nelson, Portage Co., Ohio, ca. 1816; to Athens, Athens Co., Ohio, 1817; to Lancaster, Lancaster...

View Full Bio
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.)


Comprehensive Works Cited

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

of Ravenna came here day before yesterday & after counseling together he thought best to defer doing any thing with Clarke
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.)


Comprehensive Works Cited

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.

& others for the present, but let them go on as they could do nothing— the enemy
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].)


Comprehensive Works Cited

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

Painesville Republican. Painesville, OH. 1836–1841.

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.
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.)


Comprehensive Works Cited

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.

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
Br Hyrum [Smith]

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
says to me this morning write Joseph &
Sidney

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
to come home as soon as they please they need have any fears on account of the enemy at all——
Brother Hyrum

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
[Reynolds] Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

View Full Bio
, &
myself

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
went and saw
[Timothy] Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
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.
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.)


Comprehensive Works Cited

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

Esqr Burse

4 Aug. 1801–11 Nov. 1876. Lawyer, military general, politician. Born at Cornwall, Litchfield Co., Connecticut. Son of William Bierce and Abigail Bell. Moved to Nelson, Portage Co., Ohio, ca. 1816; to Athens, Athens Co., Ohio, 1817; to Lancaster, Lancaster...

View Full Bio
thinks if we leave it to the Court to decide,
Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

View Full Bio
will recover the 5000 $ therefore
Hyrum

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
thinks [p. 61]
View entire transcript

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Source Note

Document Transcript

Page 61

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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