USA > New Jersey > Monmouth County > History of Monmouth County, New Jersey. Pt. 1 > Part 71
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398
HISTORY OF MONMOUTH COUNTY, NEW JERSEY.
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name of Allen Combs & Co., later retiring from this business connection and forming a new firm, of which his son John H. Ellis is the successor. Mr. Ellis was a considerable dealer in real estate, and at one time controlled much valuable property now embraced in the borough of Freehold. He was public-spirited and liberal, giving generously to all public improve- ments, as also to benevolent causes. He was for many years president of the Freehold Gas- Light Company, director of the Freehold and Jamesburg Railroad, and personally interested in other enterprises, whose success was in a measure the result of his business tact and forethought. Throughout his life he mani- fested an active interest as a Democrat in the political questions of the day, supporting both the candidates and measures of his party with unswerving fidelity. Naturally a partisan, he rarely, even in local matters, assumed a neutral position, and frequently, by his wisdom and practical sense, directed local political contests. Mr. Ellis was not connected by membership with any religious denomination, though a wor- shiper at the Reformed Church in Freehold, (of which his family are members), and a liberal contributor to its support. He was a man of tender sensibilities, charitable to the poor, warm in his friendships and earnest in his antago- nisms. Daniel H. Ellis, in 1818, married Catharine A., daughter of John S. Holmes, of Holmdel. Their surviving children are C. Holmes, John H., Elizabeth (widow of the late A. R. Throckmorton), Sarah, Mary (widow of the late C. D. Throckmorton), Ellen H., Emma T. (widow of the late Dr. Addison Woodhull) and Kate A. The death of Mr. Ellis occurred at his home in Freehold on the 8th of Septem- ber, 1883.
In 1835 the Rev. D. V. McLean and John W. Bartleson purchased a tract of land on the south side of Main Street, and divided a large por- tion of it into building lots, extending along that side of the street southwest from MeLean Avenue.
In the decade next preceding the year 1837 the merchants of Freehold were Lippincott & Davis, Cyrus Bruen and John Bowne. Davis .& Murphy opened business where now is the
residence and bakery of W. H. Butcher, and in 1837 opened their store in a part of the build- ing now Taylor's Hotel. Among the advertise- ments found in the Monmouth Democrat of April 27th, in that year, is that of John Bowne, who there announces that, "having been for a long time engaged in business in this place, and now about to retire from mercantile pursuits," he will sell his entire stock of dry-goods, gro- ceries, etc., "at prices which will meet the views of my customers and friends who wish to pur- chase, many of whom I have had dealings with for more than twenty years ;" and in another part of the same paper he advertises that his stock of goods, " comprising in the whole the largest assortment of country store goods ever offered in the county at auction," will be dis- posed of at public sale, commencing on Monday, the 15th of May, next following.
In the same paper appears a report of " a meeting of the Bench and the Bar attending the present term of the Monmouth Courts, held (on the adjournment of the Court) at Hendrickson's Hotel, in Freehold, on the 25th of April, 1834, for the purpose of adopting suitable measures of respect for the memories of the Hon. William Lloyd 1 and the Hon. James Hopping, two of the Judges of the Monmouth Pleas." Jehu Patter- son acted as chairman, and J. F. Randolph as secretary. "On motion, Jehu Patterson, John Hull, William I. Bowne, Daniel B. Ryall, Wil- liam L. Dayton and J. F. Randolph, Esquires, were appointed a committee to prepare resolu- tions appropriate to the occasion." The com- mittee subsequently reported resolutions, which were adopted, and the meeting adjourned.
The public buildings of the county of Mon- mouth are here noticed in connection with the history of Freehold town, for the reason that the four court-houses of the county have all been located at the present county-seat, though the first county jail was built at Middletown, and for a time the early courts were held there and at another point in the northeast part of the county, at a distance from the present shire-town.
1 Mr. Lloyd died on the 21st of April, 1837.
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399
THE TOWN OF FREEHOLD.
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The " Monmouth Patent," granted by Gover- nor Nicolls, in 1665, to William Goulding and others, who established the first settlements in Monmouth County, as before mentioned, con- ferred the power to hold courts for the trial of causes and the punishment of criminals ; and under that authority such courts were held at Middletown and Shrewsbury. In 1682 the government of the twenty-four proprietors was established, and under it, in 1683, an act was passed,1 requiring each county of the province to build a common jail.
There was no court-house at Middletown or Shrewsbury. At those places the courts were held, according to the requirements of the law, in the "public meeting-house" in each town. There was a jail at Middletown, but none at Shrewsbury. In Middletown the jail stood at the intersection of the road from Swimming River with the King's highway, now the Main Street of the town, on the west side of the Swimming River road, where the Episcopal Church now stands. On this spot a block-house was built about 1670 to protect the inhabitants from the Indians.2 Subsequently it was for a short time used as a jail. The first jail of the county was built there in 1684, in accordance with the requirements of the act of the previous year. In the Middletown street, in front of the jail, stood the stocks. Several murderers were executed there. The date of building the first jail of Monmouth County is ascertained by reference to the following extracts from the minutes of the court, viz. :
"Sessions at Middletown, March 25th and 26th, 1684, -Ordered by this present Court, that John Throck- morton and the High Sheriff are the men appointed to agree with a Carpenter for to build a County Jail at Middletown; and what agreement the said two men shall make with any such Carpenter, the Court engages to stand by.
"Sessions at Middletown, September, 1684,-Ordered that there be a rate made for building the Prison, and that Remembrance Lippincott, for Shrewsbury, and
James Bowne, for Middletown, are the men ap- pointed to make the Rates ; and that all Persons give in an account of their Estates to Remembrance Lip- pincott, for Shrewsbury, and to Thomas Renshall, for Middletown ; the accounts are to be given in by the 15th of October next, and the Rates to be made by the 25th ditto, and if any one shall neglect bringing in an account of their Estates to the persons above, at the time appointed, they are to be rated double as much as the rate-makers adjudge their Estates to be; the pay to be brought in by the 10th of November next, to John Throckmorton, for Middletown, and Eliakim Wardell, of Shrewsbury, and in case any one shall be remiss in bringing in their pay by the time af'd, dis- traint to be made by the Constable, with the Charges arising thereupon. Good winter wheat to be paid at 3s. 6d. per bushel. Butter at +d. per pound."
The jail built at this time must have been insecure, for in a very few years complaint was made to the court and the grand jury that the. gaol was insufficient, as appears by the follow- ing, viz. :
"Sessions at Shrewsbury, December, 1692 .- Colonel Andrew Hamilton present. A bill was presented to the Grand Jury by the Sub-Sheriff, William Leeds, for the want of a pair of Stocks in each Town in this County, which Bill was found by the said Jury ; also a Bill was presented to the Grand Jury concerning the insufficiency of the County Gaol, which bill was allowed.
"Sessions at Middletown, September, 1693,-Where- as a complaint was made unto the Court that the County Prison was insufficient to keep any Prisoners in, either for debt or felony. The Court taking it into their consideration, made a choice of Mr. John Stout and John Bowne, both of Middletown, to agree with any workmen they should think fit, for the en- largement and repairing of the said prison, and that it shall be according as the said John Stout and John Bowne shall direct ; also that a warrant be issued out for the said John Stout and John Bowne, for the doing of the same.
"Sessions, Middletown, March, 1696 .- The Grand Jurors present Samuel Forman, High Sheriff of the County of Monmouth, for letting a Negro, Jeremy, being a Murderer, make his escape out of the county Gaol, some time in February, 1695.
" Evidence Sworn in Court, that some time after the Negro was brought to the Gaol, the said negroes feet was only keyed with two or three shingle nails ; Eleazer Cottrell upon oath says, that the said Sheriff took him to secure the negro in gaol, and that with an axe, hammer and gimblet did what they could with those tools, and that the Sheriff thrust a long piece of iron through the end of the bolt, but did not ribbit it, upon which the said Cottrell told him he did not think it sufficient, but the Sheriff thought it would
1 Leaming and Spicer.
2 The building of this fort or block-house was the result of the general panic which spread through all the northern and eastern provinces on account of the Indian troubles in New England, known as King Philip's War. The In- dians in this section, however, were never troublesome to the English settlers.
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400
HISTORY OF MONMOUTH COUNTY, NEW JERSEY.
do. Lewis Morris says, in open court, he hath ad- vised and desired the Sheriff to secure the fellow, and to iron him hand and foot and ribbit the irons, but the Sheriff slighted his advice. John Wilson, Jr., says on oath that he made two staples and two keys of good iron, as he thought, for the fettering of the said Negro-Ordered by the Court that Samuel For- man find four men to give five hundred pounds se- curity for his appearance at the next Court of Common Right, for the answering a negligent escape of the fellow, Negro Jeremy . . . '
On the next day the prisoner was captured, brought before the court, confessed his guilt, and was immediately sentenced to death by the cruel mode of execution set forth in the remain- ing portion of the record, viz :
At eight of the clock the next morning the court met again. About 10 of the clock, news was brought that negro Jeremy was cauten. Court adjourned until two o'clock in the afternoon. At two o'clock the court sat again. The negro Jeremy was brot to the bar, and his indictment being read over, the pris- oner was demanded if he was guilty or not guilty. The prisoner owned himself guilty, and all the fact how, and after what manner he killed his master. The prisoner had his sentence pronounced as follow- eth: 'Jeremy, thou must go to the place of execution, where thy right hand shall be cut off and burnt before thine eyes ; then thou shalt be hanged up by the neck until thou art dead, dead, dead ; then thy body shalt be cut down and thrown into the fire and burnt to ashes.' Ordered by the Court that William Goodbody, who did take the said Negro Jeremy, shall be paid twenty pounds of right out-of the next County rate
There were four executions at Middletown,- three for murder and one for rape,-all four of the culprits being negroes. The first was in 1691, of Cæsar, servant of James Merling, of Middle- town, for the murder of Mary Wright; the sec- ond was that of Jeremy, above mentioned ; the third was of negro Tom for rape committed at Shrewsbury ; and the fourth was of negro Min- go, for killing negro Ned.
The following extracts from the records show that about the year 1704 the prison at Middle- town ceased to be, and the building of another was under consideration. The presumption is that the original jail had been destroyed by fire, for it had been in existence only about twenty years and could hardly have become useless by ordinary decay in that time.
" Sessions at Shrewsbury, August, 1704 .- The Sheriff made application to this Court that he had been at great charge for the want of a Prison, and desired of the Court that reimbursement might be made.
"Sessions, Shrewsbury, March, 1708 .- Ordered that the consideration of the County Gaol be referred until the next Court of Sessions for this County.
"Sessions, Middletown, Sept., 1709 .- Ordered that the consideration of the County Gaol be referred to the next Quarter Sessions.
"Sessions at Middletown, Dec., 1709 .- Ordered that the consideration of the County Gaol be referred to the next Quarter Sessions.
"Sessions, Shrewsbury, Feby., 1710-Ordered that the Constable of each Town within this County do give warning to each freeholder and inhabitant that they do meet together in each town the first Monday in March to choose 2 freeholders, as directed by an act of Assembly, for building and repairing gaols and court-houses, so as also to choose overseers and assess- ors for the relief of the poor, as by another act ; and that the Town-Meeting be for Shrewsbury at the house of John West; for Freehold, at Cornelius Thomson's; for Middletown at M'. Depey ; and that the Clerk do serve each Constable with a copy of this order.
At that time (and for a century afterward) there were no newspapers in Monmouth County, and notice of public meetings was given person- ally by the constables,-one constable notifying on the north side of Hop Brook, and the other on the south side.
On the 8th of June, 1710, an order was given for building a new prison at Middletown, where the first jail had stood. The style and dimensions of the structure, and the method of raising the money to pay for it, are given in the following :
"Orders for building the County Gaol at Middle- town, and for raising money for the same, June 8th, 1710.
"In pursuance of an Act past in General Assembly, A.D. 1709, for the building and repairing of Gaols and Court-houses within this province, We, John Williams and Thomas White, of Shrewsbury, Wil- liam Lawrence, William Hartshorne, of Middletown, John Okisson and Zebulon Clayton, of Frechold, being chosen by the respective towns, together with Obadiah Bowne, Anthony Woodward and George Allen, Esquires, Justices of the Peace for the County of Monmouth, Do appoint the common Gaol for this County to be built in the former place at Middletown, where the ancient Prison formerly stood, which prison is to be built twenty foot square, two stories
401
THE TOWN OF FREEHOLD.
high, each story to be seven feet high, the lower story to be built with lime and stone under ground, the upper story above ground to be built with timber, the posts to be six inches square and to stand within four inches one of the other, to be covered on the outside with inch boards, the under floor to be laid with plank two inches thick upon good sleepers within eighteen inches of each other, and to be spiked down with good iron spikes; with two windows, one oppo- site to the other, made firm with good iron grates; a division in the said lower story to be made with strong studs of timber, so that each room may have in it one of the said windows; with substantial doors, -locks and bars, fit for the securing of Malefactors. The second floor to be laid with beams of six and eight inches square, within six inches one of the other, and the third floor in like manner to be covered with inch boards; the upper room to have windows and partition in like manner as the lower room; the said house to be covered with cedar or chestnut shin- gles, square edged, and that there be a good brick chimney built at one end, with a fire-place in each room.
"And whereas the aforesaid act of the Assembly provides that the persons so chosen as aforesaid, with three of the justices, as aforesaid, one whereof being of the Quorum, shall meet together at such times and places as the Major part shall appoint, and agree upon such sum or sums of Money as shall be needful for the building of Gaols or Court-Houses, and shall also agree on such other sum and sums of Money as shall be needful for defraying and paying of necessary charges for the County for that year, and to what uses the same shall be applied, and also to appoint assessors and collectors and managers to see such works as they shall appoint to be performed. We do therefore appoint that one hundred and sixty pounds current money of this Province shall be raised and collected off this County of Monmouth for the use and uses aforesaid, and do nominate James Bollen, William Lawrence, Junior, and Amos White to be assessors, and Joseph Cox, of Middletown, collector, to assess, levy and collect the aforesaid sum; the aforesaid assessors to meet and assess the same on or before the twenty-fifth of July next, and to assess and levy the aforesaid tax in the same method and man- ner as the four thousand pounds tax in Lord Corn- bury's time was laid, and that the inhabitants do each of them give in a true list of their estates, real and personal, except such things as are not rateable by that act by the fifteenth of July next, and to be paid to the Collector by the first day of December next, and do also appoint Richard Stout, Moses Lipit, Hugh Hartshorne, all of Middletown, to be managers to build the said Prison-house, and that the aforesaid collector do pay for the aforesaid work to the said managers, as they shall have need, for the said work, and that he also do pay to the Representatives of this County so much as is due to them for their last sit-
ting at Burlington, as is certified by the Speaker's warrant.
" JOHN WILLIAMS,
" THOMAS WHITE,
" WILLIAM LAWRENCE,
" WILLIAM HARTSHORNE,
" JOHN OKESON,
" ZEBULON CLAYTON,
" OBADIAH BOWNE,
Quorum,
" ANTHONY WOODWARD, J
"GEORGE ALLEN."
But the prison, of which the plan and speci- fications are here so fully set forth, was never built. After the material had been collected at the spot, it was determined to build a court- house in connection with the jail, and to hold court only in one place in the county. This caused a change of location. A number of sites were mentioned and viewed, but after some years of contention, the location was fixed at Freehold. The following entries in the min- utes of the court give the different actions taken in determining the site:
"New Jersey, Monmouth, 88. "March 12th, 1710-11.
"By virtue of an Act passed in General Assembly, A.D. 1709, entitled an Act for building and repairing of Gaols and Court-Houses within this Province, John Reid, John Anderson and Samuel Dennis, Jus- tices of the Peace for said County, also David John- son and Peter Wilson, chosen for Freehold, William Lawrence and William Hartshorne, for Middletown, John West and Joseph Wardell, for Shrewsbury, did meet at the house of Thomas Forman, and discoursed concerning a Gaol and Court-House. It was argued that Middletown, where they have made some prepa- rations for building a Gaol, is a place very inconve- nient, being at a corner of the County. Some would have it in Shrewsbury, as being nearer the middle, and hath better accommodations; others, to have it in Freehold, somewhere near John Okeson's, the nearest of all to the middle of the good land and whole inhabitants of the County. Said Lawrence and Hartshorne said they would not consent to an- other place, for it was began, and part of the money levied by virtue of said act, and there is no law as yet to allow it. It was alleged by the rest that it was better for the County to lose that little charge they had been at about it; nay, if the whole were finished, better lose it all, than always suffer so much by that inconvenient situation in respect to the inhabitants. In the meantime it was concluded by the under sub- scribers that a stop be put to the building of the Gaol at Middletown until the next sitting of the Assembly, where the bill which passed the house of
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402
HISTORY OF MONMOUTH COUNTY, NEW JERSEY.
Representatives last session may pass into an Act en- joining the building of the Gaol and Court-House together, and that near the middle of the Inhabitants of the whole County. We do, therefore, accordingly forbid the Assessors, the Collectors, the managers and the workmen to proceed any further in assessing, col- leeting, preparing or building the said Gaol at Mid- dletown, until the determination of the next Assem- bly. " Freehold. "Shrewsbury.
" JOHN WEST,
" DAVID JOHNSTON,
" JOSEPH WARDELL.
" PETER WILSON,
" JOHN REID,
"JOHN ANDERSON,
"SAM'L DENNIS,
"Justices."
In 1713 an act was passed by the Legisla- ture to build and repair gaols and court-houses in the counties of the province. By virtue of this act, the justices and freeholders met on the 8th of March, 1714, at Shrewsbury, and "unanimously appointed William Leeds, Jr., Gabriel Steele and John Campbell assessors, and John Wall collector." And, by a vote of nine to seven, they appointed John Eaton, Edmund Lafetra and Henry Allen "mana- gers for the ensuing year, to agree with work- men and see the work done; that is, the Court- House and Gaol built as 'twas agreed and ap- pointed by all the Justices and all the Free- holders, and signed by their hands the 26th of August last, pursuant to act of General As- sembly."
The record and certification of these appoint- ments was signed by Safety Grover, Joseph Parker, James Grover, Jr., Henry Allen, Anthony Pintard, Joseph Wardell and Richard Chambers, justices. But the men whose appoint- ment as managers was declared,-viz .: Eaton, Lafetra and Allen,-were the ones who received the minority of votes (seven against nine, for Henry Leonard, James Wilson and Peter Wil- son). This, of course, was not submitted to, and the aid of the Attorney-General was in- voked to obtain an injunction against John Eaton (the founder of Eatontown) and others, to prevent them from interfering with the build- ing of the gaol and court-house. The entry in the minutes relating to this is as follows:
"Sessions, Shrewsbury, May, 1715 .- On motion of -Mr. Gordon, Attorney-General of our Lord, the King,
that he is informed his Majesty's service in building of a gaol and Court-House of this County is greatly hindered and obstructed by John Eaton, Edmund Lafetra and Henry Allen, who pretend themselves to be managers for building said gaol and Court-House ; for, although those gentlemen are no legal managers, yet the very pretense which they make, though with- out ground or reason, hath greatly hindered his majesty's and the Country's Service; and to take off those pretences and excuses of obstructing his Majes- ty's Service for the future, I desire, in the Majesty's behalf, that they may be forbid and prohibited med- ling as Managers any manner of ways whatsoever for the future, and that the other Gentlemen, to wit: Henry Leonard, James Wilson and Peter Wilson, who are the true and legal managers, be confirmed and en- couraged to proceed in his Majesty's service, in the execution of their office in building said gaol and Court-House in the place where the law requires it to be done. The Court, having considered the above motion of Mr. Attorney-General, do approve and allow of the motion, and have ordered, and do hereby order, that the said John Eaton, Edmund Lafetra and Henry Allen be forbid and prohibited acting or med- dling as managers any manner of way in the said Gaol and Court-House for the future, and they are hereby forbidden and prohibited accordingly ; and it is further ordered by the Court, that Henry Leonard, James Wilson and Peter Wilson, who are the true and legal Managers, do proceed in the building the said Gaol and Court-House in such place and manner as the law directs; and ordered that the Clerk serve the said John Eaton, Edmund Lafetra and Henry Allen forthwith each of them with a copy of this order."
On the 26th of August, 1714, a deed was made by John Reid, of Freehold township, yeoman, to John Reid, Esquire, and other justices and "Gents" (a body of men then acting collectively, with the same powers as the present Board of Chosen Freeholders), a lot of land in Freehold as a site for the then proposed court-house and jail, it being the same lot on which the court- house, prison and sheriff's residence now stand. This old deed being a document of peculiar in- terest to people of Monmouth County, an exact copy of it is here given,-
" JOHN REID To JOHN REID, JOHN ANDERSON, & ye Rest. Know all men by These Pres- ents, that I, John Reid, son of James Reid, deceased, of Free- hold, in ye county of Monmouth & Province of New Jersey, yeoman, for and in consideration of the sum of thirty shillings, current money of ye Province, by me re- ceived of John Reid, John Anderson, Anthony Pintard, Jeremiah Stillwell, James Ashton, Henry
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403
THE TOWN OF FREEHOLD.
Leonard, David Johnston, John Wilson, Joseph Wardel, Richard Chambers, Esq'rs, James Wilson, Cornelius Tomson, George Allen, John Throckmor- ton, William Lawrence, William Hartshorne, Gents, wherewith I am well satisfied & contented, have aliened, bargained and sold, and by these presents do alien, grant, bargain and sell unto ye above-named Esqrs. and Gents, their Heirs and assigns : All that tract of land running from ye north east corner of my dwelling-house to ye rode southerly & along ye road Easterly two chains, & then Northerly and westerly to ye place where it began upon ye square, with all ye profits and appurtenances thereunto belonging, and all ye right, title, interest, claim and demand what- soever, of me yesª John Reid of, into, or . out of ye same or any part thereof, as fully & amply to all intents and purposes as ye same was granted and assured to me (amongst other tracts) by a Deed of Thomas Combs, bearing date the - day of 1714. To Have and to Hold ye sd tract of land and premises, with ye appurtenances unto them, the said above named, John Reid, John Anderson, Anthony Pintard, Jeremiah Stillwell, James Ashton, Henry Leonard, David Johnston, John Wilson, Joseph Wardel, Richard Chambers, Esqrs., James Wilson, Cornelius Tomson, George Allen, John Throckmor- ton, William Lawrence, William Hartshorne, Gents, their heirs and assigns, to ye only use & intent, & to no other use nor intent whatsoever, but to ye use of ye County of Monmouth, for ye building of a Court- House & Goal for her majesty's service forever.
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