USA > Maryland > Cecil County > History of Cecil County, Maryland, and the early settlements around the head of Chesapeake Bay and on the Delaware River, with sketches of some of the old families of Cecil County > Part 30
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The next day, Samuel Maffit, who was then one of the coroners of the county, empanneled a jury of inquest, con- sisting of eighteen of the good and lawful men of the county, who, after hearing the testimony, rendered a verdict that the said Porter "then & there feloniously killed & murdered the said Dunn," and Porter was straightway incarcerated in the little stone jail in Charlestown. By common law the property of those convicted of capital offences was forfeited to the State. The coroner therefore returned an inventory of all and singular the lands and tenements, rights, and chattles of Stephen Porter, as appraised by Patrick Ewing, Samuel Scott, John Crawford, and James Egan. The in- ventory is as follows : One plantation of two hundred acres of land together with one merchant mill, £700; one mare, one horse and two colts, £20; three cows, £9; two small hogs, £1 5s,; six or eight sheep, £2 5s .; sundries, house- hold furniture, £50; total, £782 10s .; whereupon Porter, who was a lawyer, conveyed his property to his wife and one of his friends, in order, if possible, to secure it for the benefit of the former.
Some time after Porter was imprisoned, some of his friends provided themselves with a fleet-footed horse and visited the jail, taking with them a supply of whiskey, with which they succeeded in making the jailer drunk, and get- ting up a sham-fight, kicked Porter, who had been informed of the effort they intended to make in his behalf, out of the door. Porter lost no time in mounting the horse, and made good his escape to the Octoraro hills, and bidding good-bye to his friends, proceeded across the Alleghany Mountains to
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Washington County, Pennsylvania, then a frontier settle- ment, where he is said to have betrayed himself by the knowledge he exhibited of the law, during a discussion he engaged in with some others in a public house.
The papers in the case show that Porter had a hearing before two of the justices of the Court of Common Pleas of Washington County, Pennsylvania, on the 6th of October, he having been arrested on suspicion of having murdered a man in Cecil County, and that he confessed the murder and narrated the attending circumstances and manner of his escape, all of which are briefly set forth in one of the papers. This paper is a most extraordinary legal document, and seems to have been given to the persons in whose custody Porter was, to enable them to conduct him safely on his way towards this county ; for on the 13th of October, he had another hearing before Robert Galbraith, a justice of the peace of Bedford County, Pennsylvania, who gave the posse in whose custody he was, a somewhat similar, though more sensible document, in which the facts of the murder and escape are set forth, and they are commanded to deliver the prisoner to the sheriff of Franklin County, in order that he might be safely conveyed to the sheriff of Cecil County, which was done in due time, and early in the next Decem- ber a commission was issued by the governor to five of the justices of the county, authorizing and commanding them to hold a special term of court for his trial. It is worthy of remark, that this special commission was sent to Joseph Gilpin, who was designated as presiding justice, and that he notified the others and designated Baruch Williams as a suitable person to act as clerk. The court met at Charles- town on the 7th of December, 1784, and Timothy Kirk being unable to attend, the other justices, John Leach Knight, Stephen Hyland, and John Dockery Thompson, opened the court and proceeded to business. The next day the grand jury returned a true bill against Porter for murder, and on the following day he was arraigned and the same day con- victed of manslaughter, the verdict of the jury being "not
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guilty of murder, as specified in the indictment, but guilty of manslaughter." The court thereupon ordered that the prisoner enter security for his appearance on Friday, the 16th, to hear their judgment, and he was recognized in the sum of £500 for his appearance from day to day until the court would pass judgment, Patrick Ewing becoming his surety in that sum. The tardiness of the court in passing judgment probably gave offence to some of the friends of Dunn. At all events, George Cather and John Robinson were tried and convicted of insulting the court and jury sometime during the trial. The nature of the insult is not stated, but inasmuch as several witnesses were examined, it is probable that it consisted in using disrespectful language in reference to the manner of conducting the trial. They were each sentenced to pay a trifling fine and the costs, in default of the payment of which they were sent to jail. The record does not state whether the court met and adjourned from day to day until the 16th, but upon that day it ren- dered judgment " that the prisoner be discharged, the statute not being extended."
The indictment under which Porter was convicted con- tained two counts, one of which was for murder, under the common law; the other one was for manslaughter, under the statute of James I., chapter I., section S ; which was made on account of the frequent quarrels and stabbings with dag- gers between the Scotch and English, and which was of a temporary nature, and was not in force in Maryland at that time, it not having been extended thereto, as stated in the judgment of the court, by the action of the State convention which, in 1776, had adopted the common law of England, and extended certain parts of the statute law of that country to the State of Maryland.
During a period of ten or twelve years, just after the close of the Revolutionary war, three other persons met with vio- lent deaths at Porter's Bridge and in that immediate vicinity.
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During the time that Charlestown was the seat of justice, every effort was made to increase its prosperity and make it a city of importance. Seneca Point, which then belonged to the town, was rented for a ship-yard, and several small vessels were built there by John Cooper, some of whose de- scendants yet reside near the town, on a plantation which he purchased in 1754. Some of the citizens are said to have been engaged in trading at this time to the West In- dia Islands ; but the efforts of the people of the county to encourage the growth of Charlestown, which had been incorporated nearly half a century before, were unavailing, and they gave up the undertaking, probably because they believed it to be impossible to build a city at that place. Up to this time public opinion had always demanded that the county seat should be located upon navigable water, but the manners and customs of the people had changed very much since the first court-house had been erected at Jamestown and a greater change had taken place since the county seat had been fixed at Court-house Point. When the court- house was at the former place, and during most of the time it was at the latter, many of those who wished to attend court were in the habit of going there in boats. Few settle- ments had been made at that time, except those along the navigable streams. Now the whole county was settled, and public opinion demanded a more central location for the seat of justice, one that could be reached without crossing ferries, which were expensive to maintain and which it seemed impossible to discontinue while they were needed in order to afford the people the proper facilities for attending court.
Owing to the difficulty of obtaining the means, on ac- count of the scarcity of money caused by the depression of business during the Revolutionary war, and probably because there were many persons favorable to the removal of the seat of justice to the Head of Elk, no public buildings ex- cept the jail had been erected at Charlestown. The Head
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of Elk at this time, was a place of some importance, and had considerable trade in flour with Philadelphia. In 1785 a line of " stage boats," as they were then called, had been established between that city and Christiana Bridge. Levi Hollingsworth, the son of Zebulon Hollingsworth, and brother of Henry and Jacob Hollingsworth, both of whom took an active interest in the affairs of the town, was largely interested in this enterprise. He had been engaged in the flour trade, from Christiana to Philadelphia, when he was only eighteen years of age, and had served his country with much distinction in the Revolutionary war as captain of " The First City Troop" of Philadelphia, in the battles of Trenton and Princeton. The Hollingsworth brothers were very influential, and there is no doubt that it was mainly through their instrumentality that the removal of the seat of justice from Charlestown to Elkton, which now began to be agitated, was effected.
The growth and prosperity of the town at the Head of Elk is set forth in the following paper which was written by the Rev. Joseph Coudon, at that time curate of North Elk Parish, and who resided on the plantation near Elkton, now owned by Rev. James McIntire. " A short address to the inhabitants of the village and neighborhood of Elk, on the subject of erecting a house of worship in said village, to- gether with a preamble to a subscription humbly proposed.
" It has been too long remarked by the numerous travelers that pass through our village, as well as regretted by the friends of it, that notwithstanding the rapidly growing im- portance of the place-the various scenes of industry and exertions it is noted for-amidst the many buildings that are daily saluting our eyes, and rising and about to rise to view-there is no appearance of even an humble building dedicated to the worship and service of the supreme ruler of the universe, on whom we depend for all we have or can hope to enjoy. In this we do not imitate our pious ances- tors of old who no sooner erected a tent to dwell in, but
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they raised an altar also ; and shall I mention the uninlight- ened nations who made it their first care to erect a noble edifice for the reception and worship of their deties ?
" Your friends, however, are happy in thinking that the neglect hitherto is by no means chargeable to a want of re- spect or veneration of the Supreme, nor yet to a want of pub- lic spirit (for liberality of mind and purse is rather thought to be characteristic of the place) but that somehow or other your attempts in this way have proved abortive as if un- til now the period for affecting it had not revolved round. Now then ye friends of public religion and public spirit, 'tis humbly hoped you will step forth and no longer suffer this odium to lie against us, by putting forth a liberal hand towards erecting as soon as may be, a decent and respecta- ble house of prayer, in some degree expressive of our ven- eration of the Deity, and which will reflect a lasting credit to the place and the founders thereof, even after this, and perhaps a succeeding generation, may have passed away."
" Know all men by these presents that we, the hereafter subscribed, being moved by motioves of Piety and Christian Benevolence to ereet a house for Public worship in the vil- lage cf Elk, do hereby bind and oblige ourselves to pay, or cause to paid, into the hands of Messrs Joseph Gilpin, To- bias Rudulph, Zebulon Hollingsworth, Henry Hollings- worth, Daniel Robinson, Jonathan Booth, Thomas Huggins, John Barnaby, George Wallace, John Thomas Ricketts, Jacob Hollingsworth, Henry Robinson and Empson Bird, or their order, the several sums of money (in specie) to our names respectively annexed, in the following manner ; that is to say, one-third part thereof on the first day of October next, one-third thereof when the walls of the proposed building are ready for the roof, and the remaining one-third thereof when the said building is finished, and on the fol- lowing conditions, viz. : That each of us the subscribers, for every three pounds by each of us respectively subscribed and duly paid, shall at the completion of the said building,
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if we require it, be entitled to a vote (upon due notice given) in declaring and ascertaining to what society of professing Christians it shall principally be appropriated ; as also, in appointing a number of wise discrete men, not less than three, (of which the minister or officiating person for the time being shall always be one) and not more than nine, who shall determine every matter or thing that may arise, in doubt, or dispute amongst us ; or that may require par- ticular regulation, in any of which elections or determina- tions a majority of votes and council as usual is to be deci- sive and binding ; and said number of trustees or commis- sioners, or by whatever name they may hereafter be called, shall be annually elected by the friends of said house of worship and adherents of the society to which it shall prin- cipally belong hereafter, if it should be thought necessary. And to the afore-mentioned payments, truly and punctually to be made, and done in manner and form aforesaid, accord - ing to the true intent and meaning thereof, we do bind our- selves respectively and each of us, our respective heirs, executors, and administrators. In full testimony whereof we do severally subscribe our names and sums annexed, this 26th February, in the year of our Lord, 1785." This paper was signed as follows: "John Gilpin £30, Tobias Rudulph £30, Zebn. Hollingsworth £30, H. Hollingsworth £30, Jonathan Booth £20, Jacob Hollingsworth £21, Jno. Thos. Ricketts £12, Daniel Robinson £9, Tobias Rudulph, Jr. £6, George Wallace £6, Levi Hollingsworth £6, Empson Bird £10." Owing to the unpopularity of most of the clergy of the Episcopal church, and the fact that Metho- dism prevailed to some extent in the surrounding country, which will be fully set forth in a succeeding chapter, the enterprise proved to be a failure, and the contemplated house of worship was never built.
The removal of the seat of justice from Charlestown was violently opposed by its citizens who did all in their power to prevent it, and the records of the proceedings of
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the town commissioners, a few of which are yet extant, show that Baruch Williams and Joseph Baxter were sent to Annapolis (the town commissioners hiring a stage coach for the purpose of taking them there), in order that they might employ counsel and protest against the removal of the seat of justice, and if possible, prevent it. The finances of the town must have been in a low state, for the hire of the stage, and the counsel fees, which were only £6 in all, were not paid till 1791. But the efforts of the citizens of Charlestown were unavailing. A large majority of the people having expressed their desire for the removal of the county seat to the Head of Elk, the Legislature at the No- vember session, 1786, passed an act authorizing and appoint- ing Messrs. Joseph Gilpin, Tobias Rudulph, Sr., Zebulon Hollingsworth, Joseph Baxter and Edward Oldham, to act as commissioners to erect a court-house and jail at that place, on the lot mentioned in a previous chapter as having been purchased by certain persons for the use and benefit of the inhabitants of Elkton and Cecil County. The act also required the justice to levy a tax not exceeding £1,200 for the erection of a court-house and jail, and specified that one-fourth of the aforesaid sum should be levied annually for the four years next ensuing.
The reader will recollect that one of the conditions upon which the public lot was purchased, required the inhabit- ants of the town to erect a public market-house on it. This condition had been complied with and the market-house had been erected. This caused trouble, the lot being two small for the proper accommodation, of both buildings. But the difficulty was removed by Jacob Hollingsworth, who donated another lot in May, 1787, for the use of the town and the erection of another market-house. This lot was the one at the southwest corner of Main and Bridge streets, directly opposite the Episcopal church. There seems to have been some doubt about the right of the commissioners to remove the market-house, and at the April session, 1787,
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the Legislature passed an act incorporating the town under the name of ELKTON,* and making provision for the removal of the market-house to its new location. It is stated in this act that Henry Hollingsworth, in 1787, donated an acre of land to the commissioners of the town for the erection there- on of a school-house or house of worship for the promotion of literature and the Christian religion. This was the origin of Elkton Academy, and part of this land is included in the lot on which the academy now stands. The good people of the town seemed to have been much perplexed about the market, and the act of incorporation contains many curi- ous provisions upon that subject. Tuesdays and Saturdays were designated as market days, and the sale of all victuals and provisions before ten o'clock on those days within one mile of the market-house was prohibited under penalty of fifteen shillings. The slaughtering of all animals on the public lot, and the hitching of horses or other beasts of burden inside the market-house were prohibited, under a penalty of ten shillings. The clerk of the town, whose salary was not to exceed thirty pounds, current money, was to have surpervision over the market, and was to inspect the weights and measures used by the market people, and when found defective to sell them for the use of the owner.
The town election was to be held on Easter-Monday, and each of the seven town commissioners, who were also to be trustees of the "Town School," were to own real estate to the value of at least £300. The people of that time seem to have had unbounded faith in the efficiency of fairs to pro- mote the prosperity of towns, and notwithstanding they had failed to benefit Charlestown to any very great extent, pro- vision was made in the act of incorporation for holding four of them annually in Elkton, upon the first Tuesday in January, April, October, and December. At the time of the passage of this act the constitution of the United States had
* For a few years subsequent to this time it had been called Elktown.
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not been adopted, and the sale of all foreign goods, wares, and merchandise was prohibited.
The commissioners were engaged for several years in building the court-house and jail, but they caused the work to be well done, as the good state of preservation in which the court-house now is, abundantly attests. The workmen employed upon the public buildings were hired by the day, and in many instances their board was paid by the com- missioners, and several gallons of rum, which was purchased for their use, is included in their accounts. Much of the stone used was purchased by the ton. The nails were also made from nail rods purchased for that purpose, by persons employed by the commissioners. Some of the hardware and paint was purchased at New Castle, which was then a place of much more importance than it is at present. The commissioners were allowed a commission of four per cent. upon the money expended, as compensation for their ser- vices. The £1,200 authorized to be levied for the con- struction of the public buildings was inadequate for the purpose, and in 1789 an additional levy, not exceeding £800, was ordered to be made for the purpose of completing them .*
The court met for the first time at Elkton, on the 11th of June, 1787, at the public house of John Barnaby. It is the brick building now standing on the bluff west of Bridge street, near the Bridge. The growth of the town seems to have been slow for many years after its incorporation, which was owing to the fact that most of its influential citizens were engaged in the practice of the law, which was not so lucrative then as it is at present, consequently few of them were able to amass sufficient wealth to erect large resi- dences. Most of the old, substantial brick buildings had been erected before the Revolution, and it is probable they
* The fire-proof building, used for the clerk's and register's offices, was built in 1832.
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were the only buildings of any importance in the place until long after it became the seat of justice. Isaac Weld, an English traveler, passed through the town in 1795, and after his return home published a journal, in which may be found this description of the place :
"Twenty-one miles from Wilmington is a dirty, stragling place called Elkton, consisting of ninety indifferent habita- tions, erected without any regard to uniformity. In this neighborhood are some log-houses, answering the following description : The sides are composed of rough logs of trees, placed horizontally upon each other in such a manner that the ends of the logs rest alternately in notches on those of the adjoining side. The interstices are filled up with clay and the roof is formed of boards or small pieces of wood called shingles."
There is reason to believe that the members of the bar were at this time a jolly set of fellows, that were disposed to have as good a time as circumstances would permit. The records of the county contain the following extraordi- nary document, which favors this view of the case :
"For the encouragement and promotion of convivality and good fellowship, on this 19th day of September, 1787, upon motion, it was unanimously determined that for every birth that hath been since the first day of September, in- stant, or that shall be hereafter, the parent shall give a general punch-drinking within one month from the time of said birth. By a most respectable society of the gentle- men of Elkton.
" JOHN MURRAY, President. " JOHN PARTRIDGE, Sec." "Attest,
The removal of the seat of justice from Charlestown de- stroyed the hopes its citizens had long cherished of making it a city of importance, and soon afterwards many of the more enterprising of them removed to Baltimore. In 1787 the old warehouse was sold at public sale to Archibald Job for forty pounds, and in 1791 the commissioners passed an
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order allowing the jail, which had somehow fallen into their hands, to be used as a school-house and for public worship of religious societies.
In 1790 a law was passed to straighten and amend the several roads therein mentioned, and " Richard Snowdon Thomas, Thomas Maffit & Jacob Hollingsworth were ap- pointed commissioners to lay out and survey, mark and bound, a road from Susquehanna lower ferry to the ford at the Furnace, from thence to Charlestown, from thence to the bridge at the head of North East, and from thence through Elkton towards Christiana, to the Delaware line."*
This caused trouble. The people of Charlestown were apprehensive that when the road was straightened, travel would be diverted from that town and they no doubt thought they had been ill-used when the seat of justice was removed to Elkton. For these reasons and because they thought the projected improvement was made in the in - terest of their successful rival, they opposed the change. The controversy about this matter began in 1792, and probably entered into the canvass for the election of members of the Legislature, for at a special meeting of the commissioners of Charlestown, on October 3d, it was ordered that the register, Nathan Norton, deliver eight dollars to William Graham to pay for a wagon and other necessary expenses for the purpose of taking the voters to the election.
At the session of 1792, William Linton was sent to the Legislature and authorized to employ counsel in order to re- tain the post route where it then was. The matter seems to have been before the Legislature at the next session, for the town commissioners sent an express to Major Thomas M. Foreman, who was a member of the Legislature in 1792, for
* Previous to this time the road from Elkton to Christiana Bridge was very crooked, and passed around the northern part of Grays Hill and near the Baptist church on Iron Hill.
x
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a petition that was given to him by Mr. Linton, of Anna- polis, the winter before. The expressman returned and re- ported that Major Foreman was away from home, but there is reason to believe that the commissioners thought he was lying and had not been at Foreman's residence. They after- ward got a sketch of the petition from Patrick Hamilton, who was a man of some note, and had been sheriff of the county, but he thought it was very imperfect, notwithstand- ing which they appointed Alexander Hasson and Samuel Hogg to lay it before Colonel Nathaniel Ramsay, who at that time was a member of the Legislature.
The efforts of the villagers were successful and no further reference to the new road is made until 1795, when a peti- tion, signed by many of the citizens of South Susquehanna Hundred, was presented to the levy court, expressing their satisfaction with the condition of the old road which was then in good repair, and protesting against the construction of another one. Isaac Weld, the English traveler before re- ferred to, speaks of Charlestown, in 1795, as follows: "A few miles distant from Elkton is Charlestown, containing about twenty fishermen's houses. The adjoining country is rather mountainous and in some parts the traveler proceeds for five miles together through an uninterrupted succession of woods."
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