History of Hunterdon and Somerset counties, New Jersey : with illustrations and biographical sketches of its prominent men and pioneers, Part 52

Author: Snell, James P; Ellis, Franklin, 1828-1885
Publication date: 1881
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1170

USA > New Jersey > Somerset County > History of Hunterdon and Somerset counties, New Jersey : with illustrations and biographical sketches of its prominent men and pioneers > Part 52
USA > New Jersey > Hunterdon County > History of Hunterdon and Somerset counties, New Jersey : with illustrations and biographical sketches of its prominent men and pioneers > Part 52

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Of the same date appears a "Proclamation made. The Court of Common Pleas opened, present upon the bench Thomas Leonard, Jacob Bellerjeau, John Porterfield, and William Green, Esquires." The first case was that of "Abraham Beekley rs. Elizabeth

: l'orallily James Smith, who was "appointed clerk of the Supreme Court in 1713."-Elmer's Const, and Gor't of the Pror, and State of N. J .. p. 7.

2 1751.

For their nantes see chapter on Organization and Civil History.

" Lean-to.

198

HUNTERDON COUNTY, NEW JERSEY.

Renshaw, £6. 2. 0. old money." Mr. Bass appears as attorney ; discontinued. The next case was "John Debegin vs. John Lawrence, Debit £6.6.3. Mr. Bass for the plaintiff. Judgment granted and execution awarded." Ten other cases were presented,-seven for debit, one for trespass.

On the 5th of September following a court of Quar- ter Sessions was opened in due form, the grand jury called and sworn, and the charge given by Jeremiah Bass, Esq. On the next day the court of Common Pleas was in session, and, after organization, the jury was called and sworn, as follows: William Merrill, Sr., Thomas Curtis, Roger Marks, Jr., Philip Adington, James Stout, Jr., Bright Stout, Joseph Stout, John Parks, Andrew Smith, David Stout, John Chambers, John Burtis.

The case this jury was called to act upon was that of Abram Temple vs. Thomas Burroughs. Mr. Grandin appeared for the plaintiff, and Mr. Bass for the defendant.

On "ye sixth of March, 1722," there was " An In- dictment brought into court Against John Louis Law- bower for cursing the King. Said Louis Appears and submits to the Court. Rather than contend with the King ye said Louis pleads guilty, the judgment of this Court is that the said Louis receive fifteen lashes on the bare backe. And the oathe be tendered him, and if he refuses taking the said oathe that he shall find security for his good behavior. And stand committed till he find the same."

The following item, from the "Minutes of the Hun- terdon County Court" (vol. i. p. 19), is the first refer- ence therein to servitude, and is an example of a multitude of cases acted upon in all the ensuing years, down to very recent times; it is dated June 5, 1722:

"Upon examination of John Raymond, of Norwalk, in Connecticut Collony, concerning the title of right he claimed concerning A negro named French Manuell, of the money he the said Raymond had dis- bursed for him, affter due examination of the said affair it is ordered by the Court that French Manuell cervs the said Raymond or his assigns in the county of Hunterdon during the term and time of seven years from this date hereof. And that the said negro remain in custody till Inden- ture he signed agreeable to the above said order And fees payed, and that there he A counterpart of said Indenture given to said negro for his security."

Aug. 7, 1723, the court ordered "that William Landor and Francis Ellot be wheept ten lashes each on their bare backs, well layed on, at the publique whipping-post for their contempt to this court, and that they be remanded back to Gaole till their fees be payd and that they have their punishment forth with."

The 30th of January, 1723, was a memorable day in the courts of Hunterdon County. On that day in- dictments were brought against eleven persons, six of whom were of one family. The punishment ordered by the court was "lashes on the bare back, to be done at the publique whipping-post ;" three were to receive ten lashes cach, two to receive eight lashes cach, and one, a woman, to receive "three stripes on ye bare back."

Aug. 6, 1723, appears on the record the following :

" DOMI REX US. R. DENSEY, AND

DOMI REX vS. D. MALONEY.

" Confessed thet he was guilty of breaking ye stocks about ye ower of one or two in the morning ou ye fourth day of July last."

Each was ordered to pay his part for repairing the " stocks," and ten shillings costs thereon, and to stand committed till the fine was paid.

In 1725 (July 6th), Edmond Beeks asked the court to recognize his claim to the services of a boy aged about twelve years. The court ordered that the boy remain in the possession of George Green, of Amwell, until August 16th, and appointed Samuel Green, An- drew Smith, and John Knowles to examine into the case, with authority to bind the lad out until he was twenty-one if they found Mr. Beeks had no legal claim upon him. At the same time Martha Heath was bound out by the court to William Snowdon, of Trenton, until she was eighteen.

May 13, 1726, Arthur Howell was appointed by the court "doctor of ye county." In March of the same year indictments were brought against Thomas Shird, "one of ye attorneys of the court," for taking ex- travagant fees of one Vroom; Jacob and Isaac An- derson, for stealing a book entitled the "New Testa- ment," belonging to John Titus, and, at the meeting of the grand jury next year, against Jacob Anderson, "for stealing a horse-bell" ! In May, 1728, " Albertus Opdyke came into court and swore upon the Holley Evangelist of Almighty God that the Hog that was in dispute between Ralph Hunt and himself was not his." Ordered that Ralph Hunt pay Albertus Opdyke fifteen shillings and ninepence.

At the October term, 1732, the court ordered the " managers of the publick money" to forthwith cause to be built "a good and sufficient pair of stocks and whipping-post, to be placed by the prison."

The following is an account of the singular trials of the Rev. William Tennent and others in 1744:

" About the year 1744 there was an unusual attention to religion in this part of the country. The Rev. Wm. Tennent and the Rev. John Rowland were considerably instrumental in calling the attention of the people to spiritual concerns. Mr. Rowland's popularity and success was such as to draw upon him the enmity of those who disregarded religious truth, and among the number was the chief justice of the State, the 6011 of Lewis Morris, Esq., then Governor. He was a member of the Council, as well as the head of the judiciary. The appointment of young Morris to this office was highly reprobated by the people, who opposed the union of the legislative and judiciary, and more especially as this union was in the person of the son of the Governor.#

" At this time there was a man traveling about the country by the name of Tom Bell, of notoriously had character. It happened one even- ing that Mr. John Stockton, of Princeton, met with Bell at a tavern in that place and addressed him as Mr. Rowland. Bell told him his mis- take. Mr. Stockton informed him that his error had arisen from his re- markable resemblanco to Mr. Rowland. This hint was sufficient for Bell. The next day he went into a neighboring town of Hunterdon County, where Mr. Rowland had preached once or twice, and introduced himself as the Rev. Mr. Rowland who had before prenched for them, and he was invited to officiate for them tho next Sabbath.

"Bell received the kindest attention of the family where he stayed until the next Sabbath, when he rode with the family in their wagon to church ; just before reaching which Bell discovered that he had left his

# Mulford's History, p. 345.

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COURTS AND COUNTY BUILDINGS.

nofes behind, and proposed to the master of the family, who rode by the wagon on a fine horse, to take his horse and ride back, that he might get his notes and return in time for the service. To this the gentleman as- sented, und Beli mounted the horse, rode back to the house, rifled the desk of his host, and made off with the horse; and wherever he stopped he called himself the Rev. Mr. Rowland.

" At this time the Rov. Messre. Tennent and Rowland, with Mr. Joshua Anderson and Benjamin Stovens, were in Maryland or Pennsylvania ou buxluess of a religious nature. Soon after their return to Now Jersey, Mr. Rowland was charged with the robbery. At the court the judge with great severity charged the jury to find a bill. But it was not until they had been sent out the fourth time, with threats from the judge, that they agreed upon a bill for the alleged crime.

"On the trial Messrs. Tennent, Anderson, and Stevens appeared as witnesses, and fully proved an alibi; . . . 80 Mir. Rowland was ac- quitted, to the great disappointment and mortifiention of his prosecutors. . . . Their vongeunce, therefore, was directed against those persons by whose testimony Rowland had been cleared, and they were accordingly accused of perjury, und, on ex-parte testimony, the grand jury found bills of indictment against Messrs. Tennent, Anderson, and Stevene ' for will- ful and corrupt perjury.' . . . These indictments were removed to the Supreme Court. But Mr. Anderson, living in the county, and feeling his entire innocence, and being unwilling to lie under the imputation of perjury, demanded n trial at the first Court of Oyer and Terminer.

" Ilu wus accordingly tried, pronounced guilty, and sentenced to stand on the court-honso stops one hour with a paper on his breast, on which with written in largo letters 'This is for willful and corrupt perjury.' And the sentence was executed.

" Messrs. Tennent and Stovene were bound over to appear at the next court.

" They attended, having employed Mr. John Coxo, an eminent lawyer, to conduct their defense. Mr. Teanont knew of no person living by whom he could prove hile innocence, . . . und, considering it as probabla that he might suffer, he had prepared a sermon to preach from the pil- lory, if that should be his fate. On his arrival at Trenton he found Mr. Smith, of New York, one of the ablest lawyers in America, and a rolig- jons man, who had volunteered in his defense ; also Mr. John Kinsey, one of the first counselors of Philadelphia, who had come by request of Gilbert Tennent (his brother) for the same purpose. Messrs. Tennent and Stovene met these gentlemon at Mr. Coxe's the morning before the trial was to come on. Mr. Coxe wished them to bring In their witnesses, that they might examine them before going into court. Mr. Tennent replied that he did not know of any witness but God and his own con- science. Mr. Coxo replied, ' If you have no witnesses, sir, the trial must be put uff ; otherwise, you will most certainly bo defented. Your enemies are making great exertione to ruin yon.' 'I am sensible of this,' said Mr. Tennent ; 'yet it never shall be said that I have delayed the trial or boun afraid to meet the justice of my country. I know my Innocence, and that God whom I serva will not give me over into the hands of the onemy. Therefore, gentlemen, go on with the trial.' Messrs, Smith and Kinsey told him that his confidence and trust in God in a Christian brin- istor of the gospel were well founded, and buforo a heavenly tribunal would be all-important to him, but assured him that they would not avnil in an earthly court, and urgod his consent to put off the trial. But Mir. Tonneut utterly refused.

" Mr. Coxo tohl him that there was a thw in the indictment of which he might avait himself. After hearing an explanation fromn Mr. Coxo re- specting the nature of the error, Mr. Tennent declared that he would rather suffor death than consent to such a courso. Mr. Stevens, however, relzed the opportunity afforded, and was discharged. Mr. Coxe still urged Mr Tennent to have the trinl put off, . . . but Mr. T. Insisted that they should proceed, and left them, they not knowing how to act, when the bell summoned them to court.

" Mr. Tennent had not walked fur before he was met by a man and wife, who naked if his name was not Tennent. He told them it was, nud naked if they had any tmisiness with him.

" The man said they had come from the pince in l'ennsylvanla or Mary- land where, at n particular time, Mosers, Rowland, Tennent, Andormm, and Stevens hnd lodged, and in the house where they were; that on the next day they had heard Mesers. Tennent and Rowland preach ; that a few nights before they (the man and wife) had left home, on waking out of a wound sleep, both hud drenmed that Mr. Tennent was at Trenton in the greatest distress, and that it was in their power, and theirs only, to re- Hevo him. This drenm was twice repeated to them both, and so deep was the impression made on their minds that they had come to Trenton and wished to know of him what they were to do.

" Mr. T. took them before his counsel, who, after examining them and

finding the testimony of the man and his wife full and to the purpose, were perfectly astonished. Before the trial began, another person came to MIr. T. and told him thot he was so troubled in mind for the part ho had taken in the prosecution that he could find no rest till he had deter- mined to come out and make a full confession, Mr. T. seut this man to his counsel. Soon after, Mr. Stockton, from Princeton, appeared and added his testrony.

"On trial, the advocates of the defendant so traced every movement of Mr. Tennent on the Saturday, Sabbath, and Monday-the time of the theft and robbery by Bell-that the jury did not hesitate to acquit Mr. Tennent.

"Thus was Mr. Tennent, by the remarkable interposition of Divino Providenco, delivered out of the hands of his encinles.""

The court records of the year 1776 present two very dissimilar forms of expressing the time of holding its sessions, indicative of the impending struggle for in- dependence. The May term opened "at the court- house in Trenton, on the first Tuesday in May, in the 16th year of the Reign of King George the Third ;" the August term, " in the year of our Lord one thousand seven hundred and seventy-six."

At the August term of 1778 inquisition was brought by the State against thirty-three persons "for going to the army of the King of Great Britain," and, on default to appear, commissioners were ordered to ad- vertise their property agreeably to law. This was sold, and the proceeds reverted to the State.

In 1785 the courts first met at Flemington, although the court-house was not erected until 1791,-a delay ocensioned, most likely, by the " troublous times" fol- lowing the Revolutionary war.

In 1784, Orphans' Courts were established in this State, and provision was made by law for one surro- gate being appointed in each county, whose power was limited to the county. The original jurisdiction of the ordinary remained as before, until, in 1820, it was restricted to the granting of probates of wills, letters of administration, letters of guardianship, and to the hearing and final determining of disputes that may arise thereon. In these matters it is still con- current with that of the Surrogates' and Orphans' Courts, and from all orders and decrees of the Orphans' Courts an appeal may be taken to the prerogative court. Prior to 1844 the surrogate was appointed by the joint meeting of the Legislature; the new con- stitution provided for his election by a popular vote.+

In the first volume of records of the Orphans' Court of Hunterdon County, in the surrogate's office at Flemington, the following is the first entry :

" May Term, 1785, Saturdny, Hth .- At an Orphans' Court holden at Trenton, in nud for the county of Hunterdon. Present, Joseph Reading, Jared Sexton, Robert L. Hooper, Joseph Beavers, Esquirce, Judges. Proclamation made, and the court opened for all persons who will sue or complain. . . . The court adjourned agreeably to law."

From the above it appears that no business was transacted, the first evidence of which is of date

" AUGUST TERM (6th day), 1783.

" Proclamation made, and the court opened. Present, Joseph Rending, Jared Saxton, Joseph Beavere, Esqe. judges Sarah Hall presented a po- lition to the court praying that Conrad Kutts may be appointed guardian

. "Jag College," by A. Alexander, D.D., p. 189.

+ Etmier's Const. and Gov. of New Jersey, pp. 12, 13.

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HUNTERDON COUNTY, NEW JERSEY.

to her son, Thomas Hall; and the said Conrad Kotts appearing in court with Archibald Yard, his security, and offering to accept said trust, or- dered hy the court that the prayer of the petition be granted, and that the surrogate take bonds," etc.

The settlement of the estate of Francis Tomlinson, deceased, was ordered by the court, and on citation for settlement of the estate of Maurice Roheson, deceased (John Rockhill "surviving executor"), " Mr. Smith ap- pearing for executor," it was " ordered that John Rock- hill attend before the surrogate of the county at Pitts Town on Wednesday the 23d of Nov" next at ten o'clock in the forenoon for the purpose of settlement." Similar orders were made in the cases of " Andrew Keephart, administrator of Jacobus Johnson, dec'd, against Cornelius Johnson, surviving execr of Cor- nelius Johnson, dec'd," and "John Case & Others, Legatees, &c, agst Peter & Mathias Case, ex's of An- thony Case, deceased." Court then "adjourned ac- cording to law."

The first grand jury (which was May term of court, 1838), after a portion of Mercer County was taken from Hunterdon County, was summoned by John Runk, sheriff, and was composed of the follow- ing: John Rockafellow, Henry S. Hunt, George Opdycke, Isaac R. Srope, Henry Disborough, Richard Bennett, Adam M. Bellis, Morgan Scudder, James B. Green, Joseph Huffman, John Ramsey, Amos Hart, Benjamin S. Hill, John Vanderbeek, James Cooley, Larason Stryker, William H. Johnson, Richard S. Demott, Joseph Boss, Nelson Thatcher, Tunis Smith.

The first colored person to serve as a juror in Hunterdon County figured in a case before Esq. Angel, June 18, 1873 .*

Three persons only have been convicted of murder in this county. The first, James Van Atta, of Alex- andria, a white man of about thirty years of age, shot a neighbor with whom he was at enmity, and buried him in the forest; he was hung in July, 1794. The second was a slave named Brom, who killed a fellow- slave in his master's kitchen with a trammel; he ex- piated his crime on the gallows Nov. 11, 1803. These executions took place in the upper part of Fleming- ton, near the Reading mansion. The last case of capi- tal punishment was the hanging of James Guise, t the colored boy, for the willful murder of his aged mistress, in Hopewell, with an ox-yoke. He was hung Nov. 28, 1828, the gallows being erected in a field west of the village of Flemington, near the road to Centre Bridge. Ilis trial was one of unusual interest, and memorable in the annals of this county. James Guise, commonly known as "Little Jim," was a colored boy about fourteen years of age, idle and vicious. He murdered Mrs. Beaks, an old lady with whom he lived in Hopewell. Refused a gun for which he had asked her, he struck her with a piece of a neck-yoke, the prongs of which inflicted mortal

wounds. The trial, which commenced the first Tues- day in May, 1828, was largely attended. Sixteen witnesses appeared for the State, and three for the defense. Upon the bench during that term sat the Hons. George R. Drake, associate justice of the Su- preme Court, George Rea, David Stout, Luther Op- dyke, and John Thompson. William Halstead, Esq., was counsel for the State, and Messrs. Saxton, Clark, Scott, and Prall were assigned by the court to de- fend the prisoner. The jury brought in a verdict of "Guilty in manner and form as he stands indicted, and so we say all." Joseph W. Scott, Esq., moved that judgment be respited, to get the advisory opinion of the Supreme Court, which was granted till the "fourth Tuesday of October next." October 9th James Guise was brought into court, the same judges being on the bench,

" And at the said court at Flemington aforesaid the said James Guise being set at the bar and being asked if he had anything to say why the court should not pronounce sentence of death against him, he answered, No; whereupou, on motion for judgment for the State, the court order that the said James Guise be taken from hence to the place from whence he came, and that on Friday, the 28th day of November next, between the hours of ten in the morning and two in the afternoon, he be taken to the place of execution and be hanged by the neck until he he dead.";

From that date to the present time no death-sen- tence has been pronounced in Hunterdon County.

This trial, conviction, and sentence formed a source of great excitement among the people of Hunterdon, and, while a few plead for his deliverance on the score of his youth, the great masses felt that justice ought to take her course,-that the young wretch should suffer the penalty of the law. The Supreme Court, to whom the question was submitted, saw fit not to reverse tlie verdict.

In prison "Little Jim" manifested the same ma- lignity of disposition that had characterized his for- mer life, and which is often found in the full-blooded, ignorant, and superstitious Guinea negro. It is said he would glare upon those who passed the grating of his cell " with looks that made stout hearts quail. He had listened with curious interest to the proceedings of his trial, and caught up many parts of the forms of law used in the court-room. In his cell mice would scamper across the floor, and he with cat-like dex- terity would catch them. At one time he succeeded in capturing thirteen and tying them fast with a string. Twelve he constituted into a jury ; the thir- teenth, a reckless little dark-colored mouse, was forced to play the culprit. The trial being over, Jim would say to the poor little mouse, 'Now, you wicked little nigger, you know you killed that old woman! How say you, gentlemen of the jury, guilty or not guilty ?' 'Guilty !' and the offender's body would soon dangle from a string."

Thousands came to Flemington to witness this, the last execution within the limits of Hunterdon County. An immense crowd had gathered, in wagons, standing

* "Our Home," 1873.

+ Barber and llowe's " Ilist. Coll. of New Jersey" erroneously gives the name as James Bunn. The records plainly say Guise,

# Court Record.

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COURTS AND COUNTY BUILDINGS.

or sitting wherever they could. As the culprit stood upon the fatal drop, the cap drawn over his eyes, by a cunning movement unknown to the sheriff he slipped up the cap, and when the pin was removed he caught his toes on the edge of the platform, his eyes wide open, staring at the crowd. The people turned away horrified, while the sheriff was compelled to return to the scaffold and push the culprit's feet from the plank. This was the end of " Little Jim !"

COUNTY BUILDINGS.

The first court-house of Hunterdon County, after Flemington became the county-seat, was erected in the summer of 1791. It was on the site of the present Imildings, and was constructed of stone brought "from Large's land in Kingwood." The history of this edifice, as it appears in the records, is as follows :

At the first meeting, held at Flemington, of the board of justices and freeholders of Hunterdon County, Jan. 3, 1791, "the question being put what sum should be raised for building court hous, gaol, etc., it was carried for the sum of twenty-five hundred pounds." Col. John Taylor, Col. William Chamber- lain, and John Snyder were appointed a committee to make a draft of a plan for the same. The board met at the house of George Alexander, January 27th. The record states that

" Mr. Georgo Alexander appeared before the Board and offered half an acre of land free gratis for the use of building the Court-honse, Gaol, and Gaol-yard, on the southoust corner of his Dwelling-Houso Lott, exclusivo of tho Roads, which was accepted, and said buildings In to he orected thereon accordingly. The sevoral plana wore then brought forward by the committee appointed for that purpose, when a pinn of sixty feet by thirty-five fout, two stories high, the first story nine feet high, the second story fourtoon feet high, and to ho finished completo ugrecablo to Plan, was adopted."

William Chamberlain, Thomas Stout, and Joseph Atkinson were appointed managers.

" A motion was made und seconded to toke a voto whether the mati- agers should employ workmon by the Day or by the Grato ; it was car- ried for the latter. The manngers are to draw money from time to time u occasion my require for the purpose of defraying thu expenses uf said building, and to ronder necount of the expenditure of the same to the Justicee and chosen Frechoklers when thereunto required by suld Board."

In this connection the deed for the court-house lot is given, as being of historic value. It is recorded in Volume A of deeds of Hunterdon County, p. 584 :

" GEORGE ALEXANDER

THE BOARD OF JUSTICES AND FREEHOLDERS UF THE COUNTY OF HUNTERDON.

"This Indenture, mude the fifteenth day of March, In the fifteenth year of the Independence of America, Annoque Dominl one thousand soven hundred and ninety-one, Between George Alexander of Flemington, in the townstup of Amwell, in the county of Hunterdon and state of New Jersey, innkeeper, of the one part, and the board ef justices and chosen frecholders of the county of Hunterlon of the other part. Whereas the court-house and gaol belonging to the county of Hunterdon is now in ono corner of the county and much out of repair, by reason whereof a grent anmbor of the lohabitants of ed conuty prtetloned the Legislature of the State of New Jersey to make a law for the Inhabitants of sd county by n majority of votes of said county to fix a place where the court-house and gaol uf und for ad county should bo built. Whereupon the Legiala- ture of the said Stato of New Jersey, on the twonty-sixth ilny of May,

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History of Hunterdon and Somerset counties, New Jersey : with illustrations and biographical sketches of its prominent men and pioneers, Part 52

Author: Snell, James P; Ellis, Franklin, 1828-1885 Publication date: 1881 Publisher: Philadelphia : Everts & Peck Number of Pages: 1170

Author: Snell, James P; Ellis, Franklin, 1828-1885
Publication date: 1881
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1170