USA > New Hampshire > Strafford County > Durham > History of the town of Durham, New Hampshire (Oyster River Plantation) with genealogical notes, Volume 1 > Part 19
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Benjamin Smalle
Daniel Davis
Joseph Davis
Stephen Jones Timothy Davis
James Davis
Joseph Jenkins
Joseph Hicks
Nathaniel Randel
Daniel Meserve
Thomas Leighton
Nichlos Meader Jeams Basford
Gorg Chesle
James Davis
Elias Critchett
Benj . Thomas
Job Renells
John Smith.
The matter was considered in court and the following deposi- tions are filed in connection with the case.
The Deposition of Moses Davis Testifieth & saith that Nathaniel Hill or p'sons by his order hath fenced up the high way that Leads from Oyster River falls unto ye freshet by Edward Smalls and also the Landing Place at Oyster River falls by Georg Chesles fence and have also in croch upon the thorow fair Rhod that Leads to Cochecho & hath maintained the fence from the first of march last past unto the 2 day of June 1719, and Daniel Davis Testifieth to all that is above writen. Sworne in Courte June 2d 1719.
THEODORE ATKINSON, Clerk.
The Deposition of John Williams Testifieth and sayeth that for thirty years and upwards that he was a Long with Bartholomew Stevenson that Capt Peter Coffen came a Long by and told ye aforesd Stevenson yt he must not fence in that way for it was a Loud for a high way: which way was upon ye north side of oyster River falls from ye falls near ye freshett and so by Edward Smalls. [Sworn in Court in the same action. No date. See Court Files, No. 17372.]
This indicates that the old cellar above mentioned, where Mr. Ballard is said to have built a house, marks the former abode of Edward Small, and that the road along the north side of the mill-pond antedated by several years the road now known as the Mill Road.
OYSTER RIVER DURHAM
OYSTER RIVER FRESHET (View above the dam at the Falls)
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HISTORY OF DURHAM
The continuation of the Mill Road toward the west is men- tioned in the records of a town meeting held 28 May 1718:
"Beginning at the End of Highway formerly laid out to Chesley's mill on the south side of sd River, the way to be fouer Rods wide along the old way Leaving Moses Davis June his forty acre Lott on the south & Bartholomew Staveson his ten acre Lott on the North & so along the Comons Leving Daniel Missarve his Thirty acre Lott on the Northwest and so on the Comons Leving Moses Davis sent his four score acre Lott and Thomas Stephsons Three score acre Lot on the west and so on the comons to William folletts hundred acre Lott at Maharamuts Marsh, to two Trees marked H fower Rods Distance. This way Laid out by us the thurteenth Day of June 1719." Signed by James Davis and Thomas Tibbetts.
This road is still traveled. At its end lived, a century ago, on the north side, Lieut. David Wiggin, and his old house is still standing. The family burial place, surrounded with an iron railing, is a little west of the house. The Stevenson family, on the south side of the road, long ago disappeared, and their only remembrancer is a lonely graveyard in the eastern part of a large field. Hilliard F. Fogg owns and lives on this old Stevenson farm.
Turning to the south at the end of the road above described one soon passes the Griffiths burial ground and comes to the beautiful residence of the Griffiths brothers, with shaded and well-kept lawn and broad, fertile acres of Moharimet's Marsh, which stretches away into Croxford's swamp.
March 18, 1689.
Then laid out at the head of William Beards Creek a Certaine percell of Land there on the west side of the Creeke for the Convenience of a landing place and high wayes; the bounds of the said land and high wayes as followeth :
At the Creeke 8 rods wide & from thence following North & by West unto the North side of John Woodmans land North Nor west unto the King his high waye & from the head of the said Woodman his land ffourty rods North cast unto a Certaine p'cell of Rocks there, where wee have appointed & Laid out two high wayes of 4 rods wide, and Runs ouer the Brooke neare North west & then north north east & by east unto the high waye unto Newtowne: and from the afore said Rocks Another high waye runs North west & by North on the North side of the aforesaid John Woodman his land into the Commons,
These landing places and high wayes were laid out by virtue of an order from the townsmen bearing date Sept. 24, 1688,
By us-JOHN WOODMAN JAMES HUCKINS.
The above named landing place was sold, by vote of the town, to Jonathan Woodman in 1779.
15
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HISTORY OF DURHAM
The landing place at the Falls, though in use from the time of the erection of the first mill there, about 1650, was formally laid out by vote of the town taken 27 October 1701. A portion of the report of the committee has been given on page 71. Begin- ning where that leaves off the report reads, "and alsoe the mast path is laid out fower Rods in bredth as ye sd path now lyeth or Leadeth from ye sd Landing place to the outmost of our Towne bounds for a publick Heywaie. Wee have alsoe Laid out a high-
THE ROAD TO BAGDAD (Not far from Beard's Landing.)
way from ye Chesley mill at Oyster Riuer to the mast path to be fower Rods in bredth a Long as ye path now Ledeth from sd mill to ye mast path as may appear by fower trees markt H and standing at ye fower Corners of ye said way." Laid out 14 June 1703.
Another road was laid out the same year, which is described as follows:
We the subscribers hereof have laid out the highway from oyster bed to oyster Riuer, through the Country road to durty gutt by Abraham Clark his house, beginning at ye Usuall wadeing place att oyster bed at a Pine tree on the East and white oak on the West at 4 Rods distance markt H each of them, from thence North Easterly to the west side of ffollet his Rocky hill, aboue ffollet his barn, and then it Runes on the East side of the next Rocky hill by
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HISTORY OF DURHAM
James Bunker his barn and from thence to the Cartway at the head of Bunker Creek and so a Long threw as the old way formerly Lay till it comes to a Rock at the southwest Corner of Nath Lamos his Land, from thence as it is markt till it comes to the bridge at Durty gutt, to lye 4 Rods wide Clear threw, and allso a highway from that leads from Ltt Dauis his house, beginning att a white oak marked H I B and 4 Rods in bredth a Long by the head of Joseph Bunker his land from thence to the King's thorrofair Road.
Laid out this 9th of Aprill 1703 by us
JNO TUTTLE JERE BURNUM JAMES DAVIS of the Comittee.
Abraham Clark lived near the boundary line between Oyster River parish and Dover proper, now Madbury. The highway above described was a continuance of the road from Cochecho. After fording Oyster River to some point near the old church the path continued along the highway between the parsonage lot and that of William Williams, later of Stephen Jenkins, and so in a direct course through Long Marsh to Lamprey River, now Newmarket. This part of the road or path was discon- tinued long ago. The part of it north of the river is spoken of in a deed dated 3 October, 1720, from Joshua Davis to Amos Pinkham, as the road "leading from James Bunker's into ye main road that goes to Cochecho."
WHEREAS we the subser hereof being chosen with others to be a Comitte to survaie and Lay out highwaies in the seueral parts of the Towne of douer for the Conueniency of the Inhabitants, and being desired by Lt. James Daues and Joseph Meader to lay out a highway from the heads of their Lottes to the King his road, thoro fair Road according to a vote in generall Towne meet- ing, ye 27th October 1701, and being Apon the place or ground with John Ger- rish Esqr., one of his Majte Justes of Peace, haue laid out as followeth Viz- from two stumps at or near the aforesaid Dauis and Meader their land at about fower Rods distance and to Rune about 12 Rods north westerly, Then turning moer westerly keeping the hey land till it comes to a hemlock tree in the nor- west Corner of Mathew Williams his forty acre grant, in the tenure of Joseph Smith, and so to the old path that leads to Abraham Clarks and so Clear Thoro to the king his thorofair Road as the way now goes, to be fower Rods wide.
Given under our hands this 29th of October 1701.
JNO TUTTLE WILL FFURBER TRISTRAM HEARD of the Comitte JONE GERRISH, Just. Pe.
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HISTORY OF DURHAM
In response to a petition of James Langley, dated 25 July 1715, in which he states that Bartholomew Stevenson had penned him up to a way only eight feet wide or thereabout, a road was laid out from his house to the main road.
Wee whose names are under Written being chosen by the Towne of douer with others to suruaie and Lay out high waie in the seuerall pts of the Towne and being desired of James Langley to Lay out a way of too Rod wide begin- ning at will Drews old possession joyning to the bond high way so running sow west and by west to a pine tree on the south East side of this highway and so keeping the two Rods in breadth to a little hill Leaueing the Spring Seuen Rods on the nor west side of the highway, keeping the same breadth south southwest to the highway that goeth from Willeyes Creek to Oyster Riuer falls to a white oke markt H. I. S. and william drews wood lott on the south east of this highway.
JAMES DAVIS JEREMIAH BURNUM THOMAS TEBBETS
Recorded may ye 28, 1716
This old road over the "little hill" can now be easily traced, though its course has been changed toward the west, to avoid the hill. William Drew's house and wood lot are mentioned, though he had been dead forty-six years. There was an old landing on Giles' Creek, that was connected with this road, as shown by a deposition made about 1710 by "Bat Stimson," [Bartholomew Stevenson], aged about 50, that "there is a land- ing place laid out against Thomas Drew's dore on ye south side of Mathew Goyles [Giles'] Creek and buts against the waye that goes to Oyster River falls, and Thomas Pitman have got a marked tree in his possession as the waye was laid out." [Court Files, 17372.]
Here is the Long Marsh Road:
It is the request of thirty eight of the Inhabetance of the Parrish of oyster Riuer to haue a high way of three Rods to bee Laid out from a highway that Leads to willeys Creek to ye Kings Thorowfare Road that Leads to Lampereel Riuer and it is laid out as followeth, beginning att the hed of the Lane att a Place Called Team hill and so along between fransis Matheus Twelue Acre Lot and the Lott hee bought of John Wille and ouer the South Corner of Math- eus his Seauenteen acor Lott and ouer the north Corner of the Poynt wood Lott and soe along whear the Path now goes and on the north East side of a grate Rock and soe on the north side of John Willeys indwelling hous and so Down to the Long marsh and over the Marsh to the highway that Leads from oyster Riuer falls to Lamperell Riuer Bridg. This highway Laid out and bounded the 22 Day of February 1720/21 by us,
THOMAS TEBBETS JOHN SMITH FRANSIS MATHUES.
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HISTORY OF DURHAM
At a General Session of the Peace, 6 March, 1710/II, com- plaint having been made about the want of roads from town to town, a committee was appointed in each town to run such roads as they thought necessary, laying them out four rods wide. The Dover committee consisted of Capt. Tuttle, Capt. James Davis and Joseph Jones. The laying out of the road through Durham was as follows:
From Lampereal River as Strait as it may be to the old Bridge by ye Moat so as ye way goes to Graves [William Graves] his Land thence to the falls, to make the whole four rods wide, and there ye way is to open on ye Left at Stim- sons [Bartholomew Stevenson's ?] and at Robert Huggins [Huckins] his house. So at Wm Jacksons pasture to ye head of Jacksons Creek Strait as ye old Road went then Joseph Jenkins to open on ye Left & all others to make ye way four Rcds wide to Fields Garrison.
At the last point it entered the Back River Road to Cochecho. [N. H. Town Papers, XI, 539.]
June 9, 1738, a road was laid out from the highway at New- town saw mill, on the south side of Oyster River, in a south- west direction by the land of John Sias, following the old way to Solomon Sias' land, and so on to the mast road that leads from Little River. [See Town Records, Vol. I, p. 21.] This mill was afterward known as Layn's Mill. It is in Lee.
Aug. 10, 1745:
Then laid out a high way from a picked Rock by Thomas Willeys new house where he now dwelleth and from thence on a straight Course to James bun- kers northwest Corner bound of his twenty five acrees, it being a great oak Stump, then East & by north forty Rods to said bunkers north bound then near north East to the Maple brook so called, this high way to be on the north side of the above sd Courses three Rods wide tell it Comes against the Rock first mentioned, laid out by us,
DANI. SMITH Select JOHN WILLIAMS men.
Here is a road in the western part of the town:
A highway laid out on the Common Land from a place called Camsey [Camp- sie], from the head of Mr. Robert Tomsons fence to Mr. William Drews and So to the River be Low Deans mash and from thence to the head of the Town, by a partition [petition] under their hands directed to us, the present Select- men for said town, and by their request we have laid out the way and bounded it as followeth, beginning on the north side of the Mast Road on the south or west corner of Mr. Robert Tomsons fence called Camsey and from that fence is bounded by the Spoted Trees as they now standeth Runing westerly four Rods from Joseph Jones barn then by the spoted trees so between Mr. Wil-
230
HISTORY OF DURHAM
liam Drews and Ely Clarks house. Then by the spoted trees to Newtown River below Deans mash and then by the Spoted trees Runing near Richard Glovers House and then by the spoted Trees to a way called Willes way so as that way leads to the head of the Town being fouer Rods wide; Laid out and bounded by us the present Selectmen this 29 day of January in the year: 1733/4. [Signed by Joseph Jones, John Williams and John Woodman as Selectmen.]
Dean's Marsh, doubtless, took its name from the John Dean who was the first one killed in the massacre of 1694, and "the place called Camsey" is explained in connection with the Kin- caid family.
The road known as the Wine Cellar Road was laid out as fol- lows:
By and at the Request of sundry of the inhabitants of the town of Durham we have laid out a high way from Luberland to the Kings Rode between Rich- ard Denbos field and John Buss Junr. We began at a great Rock between John Smiths house and John Does marsh & from thence by said Docs marsh and so between Jos Whelers land & John Smith Jun' land to Thos Langles land & from thence to the wine selers & so along on the sow west of Joseph Edgerleys land and so along on the N Est side of John Willes Junr house to the Rode between John Burnum fence and the sd Willes land to a great rock marked H and from thence by John Buses fence to the Countrey Rode this Rode is three Rods wide from the last Rock marked H the other part from - town to luberland is laid out four Rods in wedth all along sd Rode. Laid out and bounded by us this 16 day of March 1735/ 6. [Signed by Jonathan Thom- son, John Woodman and Samuel Smith, Selectmen.]
In company with Dea. W. S. Meserve I rode over this road in April 1913, and probably no wheeled vehicle will ever go over it again. The carriage as well as the lives of the horse and riders should be well insured before making the attempt. Such de- clivities and superabundance of ledge and boulders make us won- der how any selectmen ever dared to lay out a road there; but the people living at Lubberland wanted a shorter route to the meeting house at the Falls. The road started near the house of the late Valentine Smith and from there to the Back Road, through Horn's Woods, it is known by the name of Simon's Lane, most likely from Joseph Simons, who, 8 February 1727/8, mar- ried Elizabeth, daughter of Elder James Nock, who lived in this vicinity. Perhaps it is the lane through which Joseph walked to woo Elizabeth, for we may well believe that this road was used as a bridle path some years before it was "laid out." After reaching the Back Road it followed that easterly for perhaps twenty rods; then it struck through the woods and rocks again
231
HISTORY OF DURHAM
to the Long Marsh Road and followed that, as it formerly ran, to the Newmarket Road near Denbo's Brook, or Horsehide Brook, as it is now sometimes called. John Buss seems to have been living here, perhaps on the ten acres of ministerial marsh land granted long before by the town and concerning which there was a law suit between the Rev. Hugh Adams and the Rev. Mr. Gilman. Most of this old road was long ago abandoned. Only Mr. Patrick Connor lives on it now, without whose kindly as- sistance we would hardly have gotten through alive. He dis- owns all relationship to the Timothy and James Conner who were from Ireland and residents of Durham about the time of its incorporation.
There is a huge overhanging boulder along this abandoned road, that according to tradition was the sheltering place of wine in the old days, and hence the name of the Wine Cellar Road, but notice that in the return of the road, given above, the phrase is "wine selers." Were there those who sold wine living there? The names in the return of the road indicate owners of land along the way rather than residents, for there is hardly room be- tween the rocks for more than one family to live.
The northerly end of this road seems to be further described in a highway granted 20 May 1727 and laid out 15 June 1734. It was granted to John Willey, Jr., "from His House to ye Contre Rode between John Buss and Richard Denmor [s] Field," a road three rods wide, "by sd Willey's House and From thence to a grat Rock marked H on ye west Side of said way which is called John Buss Corner Bound next to sd Willey's House so from sd Rock Bounded between John Buss and Richard Denmor to yee Contre Rode."
At the request of several of the inhabitants of the town of Durham that we the subscribers should lay out a highway for the Priviledg of the town above said from the Kings highway to the Salt water and for a Priviledg to Pass to the meeting house at the falls in sd town and according to their Request we have laid it out Beginning at the East Side of the Kings high way on the South Side of the Bridge at Oyster River falls in sd town sow Running by the Kings high way to the Land of Daniel Rogers where he now lives and then Running Partly by sd Daniel Rogers Land and Partly by the Land of Mr. Hugh Adams down to the salt River and bounded by the River up to said bridge a high way laid out and bounded by us for the Benefit of the Town.
The 14 Day of March 1742 3.
JOSEPH ATKINSON EPHRAIM DAVIS EBENEZER SMITH 1 Select- men.
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HISTORY OF DURHAM
This highway ran around the old meeting house. Some claimed about this time that the house of Dr. Samuel Adams, now called the Sullivan house, stood partly on land belonging to the town landing, and a committee was appointed to investigate the mat- ter. No report has been found. June 29, 1744, an article in the town warrant was to see if the town will build a bridge over the falls "where the old bridge now standeth also what man- ner of bridge whether a cart Bridge or a horse bridge and what breadth the bridge shall be built." It was voted to build a cart bridge fifteen feet wide. It is probable that the old one,-how old can not now be said,-was a horse bridge for the accommoda- tion of those riding horseback and very narrow.
October 12, 1737, John Woodman and Samuel Smith, select- men, "Capt. Francis Mathes being present and assisted in Lay- ing out this High way But deceased before Sinning" [signing], laid out a road as follows :
We began at Wensday Brook the said Road is three Rods wide Running by Nathaniel Meaders Land so along by a great Hill and then it Runeth over the South Side of Said Hill to a gutter between Thomas Stevensons Land and Thomas Footmans Land so Running between said lots till it Comes to the Turn and then Runing between Meaders and Smiths Land till it comes to Joshua Woodmans Land." [See Town Book, Vol. I, p. 40.]
April 4, 1752, Samuel Smith, Joseph Wheeler, and Joseph Thomas, Selectmen, laid out a road two rods wide, beginning "at Moses Davises fence seventy nine Rods from Leut Joneses fence so caled near folets Swamp at the head of John Woodmans land next to or near Jonathan Monses [Munsey's] land and from thence it Runs west north west seventeen Rods to or near a stone, then it Runs near north to sd Moses Davises Land, this high way laid out at his Request and for his use for ever." [Town Book, Vol. I, p. 33.]
April 9, 1753, Joseph Wheeler and Joseph Thomas, selectmen, laid out "a small peice of Land for a high way," "beginning at the sd Rode or high way that leads from ye Point to sd Oyster River falls at where Joseph Wheler joins to sd Rode or high way and Running bounding on sd last mentioned high way untell it comes to the above sd high way that leads from sd Oyster River falls to Lampereel River falls then Running by sd last mentioned highway to land in possession of Ichabod Chesle then Running by sd Chesles possession to land in possession of Joseph Wheler
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HISTORY OF DURHAM
then by sd Whelers possession to where we bagan, to be an open highway for the use of the town forever." This seems to be the piece of land in front of the old pound, at the intersection of the roads coming from the Point and from Newmarket. [Town Book, Vol. I, p. 36.]
On petition of Miles Randall and others the Court of General Sessions of the peace ordered a highway to be laid out in Durham, which was done 20 July 1763, beginning at the "northwest cor- ner of Joshua Woodman's land by Col. Smith's land and run- ning by land of John Langley to Lampereel River where the bridge formerly stood, over said river to land of Stephen Pen- dergast, then past Samuel Joy's land to David Davis's land, thence to Major Thomas Tash's land, thence to land lately John Smart's, to pisscassick mill priviledge, then over the bridge to the dividing line between Newmarket and Durham." [Town Book, Vol. I, pp. 57, 58.]
March 4, 1765, a road two rods wide was laid out from Joseph Stevens' land on the east side of Johnson's Creek unto Dover line, bounded on the southeast by land of Nathaniel Lammos.
March 13, 1758, a road was laid out from Wadley's mill pond in Lampereel River to Little River, in what is now Lee. Men- tion is made of lands of John Durgin, Joseph Durgin, Edward Woodman and Ebenezer Smith.
At the General Court convened II February 1768, there was a petition for a highway two rods wide from Lamprey River bridge to the road leading from Durham Point to Durham Falls. Lands of the following parties are mentioned along the route proposed, Joseph Ham, Walter Bryant, Esq., Abraham Bennet, Samuel Smith, Joseph Chesley, heirs of Ebenezer Smith, Esq., deceased, John Smith, Thomas Stevenson, Joseph Footman, Dependance Bickford, John Durgin, Heirs of Ebenezer Smith, to Mathes Creek, so called, near the mill, and over the creek between lands of the Hon. Peter Livius, Esq., and John Kent, John and Joseph Drew, to road leading from Durham Point to the Falls. This petition was signed by David Davis, Moses Edgerly, Jr., Trueworthy Durgin, Jr., Stephen Wille, Jr., Nathaniel Norton, George Bickford, Valentine Mathes, John Mead, Ede Hall Burgin, Zebulon Doe, Jr., Jonathan Doe, Ed- ward Smith, Bradstreet Doe, James Cram, Thomas Stevenson, Joseph Drew, John Drew, Joseph Wormwood, Jr., Dependance
23
HISTORY OF DURHAM
Bickford, Francis Mathes, John Edgerly, John Smith, George Tuttel, Timothy Murray, and John Mundro. March 7, 1768, Capt. Thomas Chesley was appointed agent for the town to an- swer this petition. This road, or path, must have been in use for more than a century. It is a hard, rough road now, much of the way, and it would impoverish the town to fit it for auto- mobiles.
March 24, 1752, a road was laid out from a small pitch pine bush on the north side of the way or path by the Spruce hole,
SPRUCE HOLE Near boundary of Lee, 100 feet deep, five acres.
running south southwest to the pitch of the hill by James Hall's house, thence to Jethro Furber's land, thence as the way now goes to John Davis' grist mill, then crossing the Little River about two rods above said mill it runs southwest and by south to Samuel Chesley's line and then on Chesley's and Smith's lines. Laid out by Joseph Thomas, Samuel Smith and Joseph Wheeler, Selectmen.
March 15, 1771, Ebenezer Thompson and John Smith, Select- men, laid out a road at the request of Joseph Stevens,
leading from said Joseph Stevens Pasture to the highway near Chesleys Grist Mill in Durham as follows, Viz., Beginning at said Stevens Pasture at a saplin pine markt I on three sides standing on land of Francis Mathes thence through said Mathes land North nine degrees East Eleven Rods to land in Possession
.
PASCATAQUA BRIDGE
From "A Tour of the Eastern States in the Year 1797," by Robert Gilmor, of Baltimore. This is a pen-sketch by the author. Published by the Boston Public Library.
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HISTORY OF DURHAM
of George Chesley, Thence North Forty one degrees East Eleven Rods thence North forty four degrees East Twenty Rods thence North Eleven degrees East Eight Rods to a heap of stones, the highway laying on the Eastern side of the aforesaid lines and from thence to the aforesaid highway to Chesleys mill as the fence now stands between the aforesaid George Chesleys land and land in Possession of the heirs of Edward Small Deceased, said fence to be accounted the middle of the highway and the highway to be Two Rods wide the whole length. Said highway being laid out as near as can be ascertained where a highway was formerly laid out and a return thereof entered on Dover Town Book of Records Leading from Chesleys mill to Second Falls on Lam- pray River." [Town Book, Vol. I, p. 532.]
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