History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 110

Author: W. Woodford Clayton, Ed.
Publication date: 1882
Publisher: Philadelphia: Everts
Number of Pages: 1224

USA > New Jersey > Middlesex County > History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men > Part 110
USA > New Jersey > Union County > History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men > Part 110

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and Places which you or any such three or more of you as aforesaid shall make known unto him or shall or shall be by Law appointed as aforesaid dos cause to come before you or such three or more of you as 18 aforesaid, such and so many Good and Lawful men of his Baley which hy whom the truth of the Promisses may be the better known and En- quired off : Given under my hand and Seal at Perth Amboy in the Province of New Jersey this Six and Twentieth Day of August Anno Dumi 1703 and in the Second of the reign of our Sovereign Lady Aune by the Grace of God of England, Scotland, France and Ireland Queon, Defender of the Faith, &c."

By another commission from Lord Cornbury of the same date, John White is appointed

" to be Clerk of y. Peace and Clerk of ye Court of Common Please to he holden in ye County of Middlesex, within her Majesty's Province of New Jersey, in America, with authority to do, perform, use, exercise, and en- joy ye said office of Clerk of the Court of Common Pleas, with all the Fees, Salaries, Proffits, Benefits, Advantages, and apertenances to ye said office, belonging, or in any ways appertaining, to have and to hold the said office of Clerk of the Peace1 and Clerk of the Court of Common Pleas within the said County, to him, the aand John White, for and during such time ne to me, the said Lord Corobury, shall seem mest."

The first Court of Sessions for the county of Mid- dlesex under Queen Anne (or the provincial govern- ment) of which any record has been preserved was held at Perth Amboy on the second Tuesday in Sep- tember, A.D. 1708. Peter Sonmans, Esq., was judge ; Cornelius Longfeld, John Tuneson, and John Drake, justices. John Bishop's royal commission as clerk was read, and the following named persons sworn as grand jurors : Jonathan Bishop, foreman ; Cornelius Tuncson, Noah Bishop, William Post, Derik Madeak, Richard Smith, John Watman, Hopewell Hull, David Williamson, Herrick Rounerson, Crose Foam, or Vroom (?), David Blackford, Thomas Sutton, Corne- lius Tice, Jacob Probasco, John Wanmeter, William Sparpe.

Laughing in the Face of the Court .- At the term of the Court of Sessions for May, 1710, the following was ordered :

"That John Brown, for his Contempt in Laughing in the face of und at the Court, be fined four Dollars,2 and to Continue in Custody till he hath paid hia fine."

Tavern Rates in 1717 .- The court met according to adjournment, and settled ye prices of Liquors and other provisions for Men and Horses after y following manner (viz.) : At ye Rate or Equivalent to current monie at 8 si., ye ounce to be taken for wine 13}d. pr: pynt; for strong beer and syder, 4d.§ pr : quart; for Rum, 4d. pr : Gill ; for victuals, as has been usually taken formerly ; for Lodging, 3d. a night; for Hay to Horse, as has been formerly taken ; and for oats, 3d. ; for two qnarts and so in proportion for a larger quan- tity, to be taken by those who live at Cranberry Brook, Milstone River, Sonth River bridge, and other Remote Places from water transportation, such prices for what Liquors they Retaile as they have formerly taken."

I " Clerk of the Peace" is an abbreviation for clerk of the "Court of Quarter Sessions of the Peace," which usually convened at the same time and place as the Court of Common Plens. One person helil, etc.

2 This was not Federal currency, but Spanish milled dollars, which. . were then in circulation.

449

COURTS OF MIDDLESEX COUNTY.

Court-House and Jail .- The first court-house and jail in Middlesex County was built at Perth Amboy, as is proven by the following entries in the old min- utes of the court :

" May 25, 1714 .- Wbereas the severall Township of the County of Middlesex have neglected to chuse Freeholders to Assist ye Justices in raising of money for building a Court-House and Goale in this County, by vertue of an Act of Assembly Entitled An Act for building and repair- ing of Goals and Court-Houses in Each County of this Province, by which Act the General Quarter Sessions of ye Peace have power to Nom- inate the said Freeholders, and the Court have accordingly Nominated for Perth Amboy, Capt. Samuel Leonard, and David Herriott for Wood- bridges. Mr. John Kinsey and Capt. John Moore for Piscataway. Mr. Robert Hudson aod James Mauner.

" May 21, 1717 .- At a Court of Quarter Sessions of ye Peace held at Perth Amboy for ye Counties of Middlesex and Somerset. Ordered that public notice be set up ou ye miost public places in ye several townshipe of this Conuty of Middlesex for all ye Justices of ye Peace of said county, and ye Freeholders of each Respective Township in this County to meet together at ye Court-House in Perth Amboy, ou Saturday, ye first day of June next, in order to raise money for finishing ye said Court-House and Goale, etc. At which meeting ye managers and collector are required to attend to render Au Account of their proceedings to ye Justices and Freeholders accordiog to ye Law in that case made and provided."

Offenses .- Indictments, Verdicts, Sentences, Coro- ners' Inquests, Punishments, etc .- These are very curi- ous, and to some degree throw light upon the morals, manners, and customs of society generally in the country at that early period in its history. It would seem as if especially those parts of the counties of Somerset and Middlesex "lying in the vicinity of Perth Amboy, Woodbridge, and Piscataway" were inhabited by a quarrelsome and litigious people, and that the grossest immorality was prevalent. Scarcely a session of the court was held but that number- less petty and vexatious, oftentimes malignant, snits were brought by neighbors against each other; while fornication, adultery, rape, and other crimes of a grosser and more vilely unmentionable character were passed upon. We have not quoted these last for obvious reasons. The instances quoted do not comprise all that are contained in the old minutes, but are merely a selection.

A Coroner's Inquest in 1685 .- " John English, late servant of Hopewell Hull, of Piscataway, was drowned in Raritan River, May 24, 1685. Mr. Sam- uel Hull, of Woodbridge, Coroner.

"The names of ye Jurors empanelled upon ye Coroner's Inquest about the death of the said John English, May 25, 1685 : John Gilman, Elias Higgins, John Martin, Junior, Joseph Martin, John Smalley, Junior, Isaac Smalley, Thomas Fitzrandolph, Samuel Hull, Benjamin Fitzrandolph, Benjamin Hull, Otto Laurance, Charles Gilman, Thomas Algor.

" The Jurors, after strict search and enquiry, find ye Water ye only cause of his death.

"John Gilman, foreman, for and in ye name of himself and ye rest." 1

Punishment for Felony in 1684 .- "September 16, 1684. At ye said Court, Philip Gunter, indicted and found Guilty of Feloniously taking of a Zith

Smash with Nibs, heeling, and wedges to the value of four shillings.

· "The Jury .- John Dennis, Haliack Codriack, Wil- liam Bingle, John Warlock, John Conger, Thomas Alger, Isaac Smalley, Thomas Fitzrandolph, Charles Gilman, Eliakim Higgens, Joseph Martin, Samuel Doty.

"The Judgement of the Court: That Philip Gunter shall pay double ye Value of the goods stolen, which is eight shillings, unto Mr. Samuel Walker or his agent, Jeffory Manning, and also pay ye fees and charges of Court.2

"Paying double the value of the goods stolen" seems to have been a very customary sentence in those times, occasioned, doubtless, by the fact that the county had no jail, except in imagination. More- over, there can be no doubt that many of the charges of theft were malicious, growing out of neighborhood quarrels and the feuds arising from them. The fol- lowing are additional examples of this method of dispensing justice, and are also quoted because the John Pike who figures in them was an ancestor of Gen. Zebulon Montgomery Pike, the first American explorer of the Missouri River, and the brave soldier who fell at Lundy's Lane :

"At the same Court (Sept. 16, 1684) Capt. John Pike, of the Towne of Woodbridge, was indicted and found Guilty of feloniously taking and carrying away of one Lanthorne of Tin and horne, value three shil- lings, of the goods and Chattels of Abraham Tappin. "The Jury : Moses Collier, Haliack Codriack, Wil- liam Bingle, John Warlock, John Conger, Thomas Alger, Jacob Smalley, Thomas Fitzrandolph, Charles Gilman, Eliakim Higgins, Joseph Martin, Samuel Doty.

"The Judgement of ye Court: That the said Jolin Pike shall pay double the value of the Goods stolen, which is Six Shillings, unto Abraham Tappin or his order, and ye goods be restored againe; also to pay fees and Court charges. And to remain in ye Sher- iffe's custodie till satisfaction be made.

"At ye same Court, John Pike, Junior, of the said Towne of Woodbridge, was indicted and found Guilty of feloniously takinge and carrying away of one Hollaud Sheet, value of twelve shillings, and top of a Cushion, of value one shilling, and one remnaut of homespun (commonly called Linsey Wolsey), of value of four shillings sixpence, of ye goods and chat- tels of Abraham Tappin.

" Jury : Moses Collier, Haliack Codriack, William Bingle, John Warlocke, John Conger, Thomas Alger, Jacob Smalley, Thomas Fitzrandolph, Charles Gil- man, Eliakim Higgings, Joseph Martin, Samuel Doty.

" The Judgement of ye Court : That ye said John Pike, Junior, shall pay double ye value of ye goods stolen, which is thirty-five shillings, unto Abraham

1 Old minute of court.

2 1 bid.

450

HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

Tappin or his order, and said goods to be returned againe, and also to pay fees and Court charges, and to remain in the Sheriff's custodie till satisfaction be made."

Sentenced to be burnt Alive .- A.D. 1729, " At a special Court (By virtue of an Act of ye Generall Assembly of New Jersey, intitled an Act for Regu- lating of Slaves), held at Perth Amboy ye tenth day of Januari, In ye third year of his Majestie's Reign, Anno Dom. 1729, before three of His Majestie's Jus- tices of ye Peace for ye County of Middlesex. In conjunction with five principall Freeholders of ye said County : In order to try An Negro Man named Prince for murdering of one William Cook, A White man. Present

"The Indictment Against the said Negroman being Read to him, he pleaded not guilty of ye Murder he was charged with ; but It Appearing to ye Court by sundry Evidences and other substantial prooffs that he was guilty of ye said Murder, The Court found him Guilty thereof, And pronounced sentence Against him, which was that he shoulde be burnt Alive, on ye twelfth of this Instant, which sentence was accord- ingly then put in Execution." 1

PILLORY AND STOCKS.

Punishment of the Stocks, 1684 .- " At the same Court (held at Woodbridge, Sept. 16, 1684) complaint being made by John Pike, Jr., against William Ingle for breach of his Majesty's Peace. The complaint being Juely proved, the Court ordered that the said William Ingle shall forthwith be set in the Stocks by ye Constable of ye Towne of Woodbridge, and there to remain for the space of two hours without relief."2

The Whipping - Post, 1683 .- March 18, 1683, " William Toms, of Woodbridge, Taylor, was Indicted for assaulting the body of Rebecca Bishop.

"The said Toms put himself upon the country and is found guilty.

"The Court sentenced the said toms to be whipped thirty and nine lashes."

Ranging the Woods .- This seems to have been a prevalent offense in the carly years of the county. It

is often chronicled in the old minutes of the court. Thus in the record of the proceedings of a " Court held at Piscataway, ye 18th of June. Ano domni 1684," there is the following entry :

" At the Court aforesaid Samuel Dotto complained against Otto Lowery for ranging the woods and marking a hors contrary to the law of the province.

"Ordered by the Court that the said Lowery shall pay the charge of prosecution."

Precisely similar records are made concerning John Fougha, of Burlington, William Johnson, of Eliza- bethtown, and John Crammer, of Elizabethtown. And at the conclusion of the entries there is this fur- ther note: " Allowed by the Court twelve shillings for each of the three persons to pay in money unto the Court, and they paying the same are clear of any further prosecution in that behalf."

Speaking against the Authority .- " At ye same Court (Sept. 16, 1684) Mathew Moore indicted and found guilty of speaking reproachful words against the authority.

"The jury : John Dennis. Haliack Codriack, Wil- liam Bingle, John Warlock, John Conger, Thomas Alger, Isaac Smalley, Thomas Fitzrandolph, Charles Gilman, Eliakim Higgin, Joseph Martin, Samuel Doty."

The judgment of court : " That Mathew Moore shall pay by way of finde the sum of three pounds Current money of this Province, to be taken by distress if payment be denied, the said money to be disposed of to pay ye Court charges, and ye overplus to be dis- posed of as ye Law directs. And the high sheriff is hereby ordered forthwith to levie the same fine, and to dispose of it as aforesaid." 3

Glimpses of the Indians .- " At the said Court (Sept. 16, 1684) John Thompson, Negro Servant of Mr. Daniel Hooper, living upon Raritan River, in Middlesex County, was indicted by ye Grand Inquest for selling, giving, or other ways disposing of, so much rum to certain Indians as to make them drunke, and for beatinge, woundinge, and willy entreatinge the said Indians. Pleaded not guilty.

" The jury : John Dennis, Haliack Codriack, Wil- liam Bingle, John Warlock, John Conger, Thomas Alger, Isaac Smalley, Thomas Fitzrandolph, Charles Gilman, Eliakim Higgins, Joseph Martin, Samuel Doty.

" The Jury finds not Guilty.

"The Court ordereth y' Daniel Hooper, or his agent, for or in behalfe of ye said John Thompson, his Negro Servant shall pay ye Jury and ye costs of said Court."

The Indians still lingered in parts of Middlesex County in 1686. In the minutes of the court for that year there is the following entry, having allusion to them :

" Hugh Staniland, of Nottingham, West Jersey, having formerly ac- cused Dr. Henry Greenland for buying and receiving stolen hogs and

1 Old minutes of court.

2 Ibid.

3 Ibid.

451

COURTS OF MIDDLESEX COUNTY.

marked hoge from the Indians, came in Court, and into open Court ac- knowledged that he, the said Hugh Staniland, had falsely and ma- liciously slandered him. ye said Henry Greenlend, and desired God and the Court to forgive him."

An Indian Girl held in Slavery .- " March, 1692, Mr. Thomas Gordon appeared and delivered up his baile bonde for ye appearance at this Court of an In- dian girl called Maria, formerly belonging to Capt. John Palmer, and by him sold to Col. Andrew Ham- ilton, and let an apprentice to Robert Vauquellan alias Leprairie for ye space of ten years from July, 1680, and ye said Robert Vauqnellan not appearing to make appear his claim why ye said Indian girt should not be delivered up to ye said Coll. Andrew Hamilton, conformable to his bill of sale and ye order of Capt. Palmer to Robert Vauquillan, both in Court produced. The Court, after three times calling the said Robert Vauquillan, and he not appearing, Do order to discharge the said Thomas Gordon of his baile bonde aforesaid, and adjudge ye said Indian girl to be Coll. Hamilton's servant according to the said bill of sale." 1

Alarm at Indian Inroads .- There are no entries in the old minutes of the conrt alluding to attacks by the Indians within the province of New Jersey, but there are a number of entries referring to their inroads within the province of New York, and to the assistance that was furnished by Jerseymen in repel- ling them. In a statement of the debts of Middlesex County, made to the court in the term held at Piscat- away Dec. 20, 1693, there are the following items :

£ s. d.

To Jonathan Bishop, going to the Indians wen ye report was

1 00 00 the strange Indians was coming downe upon us, 4 days ..... John Blomfield, ditto. 1 00 00

Capt. George Drake, ditto. 1 00 00

William Clauson, ditto ...

1 00 00

And at a court held at Perth Amboy on the third Tuesday in September, 1693, being the term previons to the one last referred to, there is the following entry of a presentment by the grand jury :

"The Grand Jury presente Thomas Moore, Thomas Collier, and Mathew Moore for breach of the Sabbath by pressing meo on the Sab- bath Day to go to Albany.

" BENJAMIN CLARKE, foreman."

The Indians from Canada had just previous to this made a descent npon Schenectady and destroyed that place.

Numerous instances of indictment and punishment for breach of the Sabbath and drunkenness are found in the old minutes, of which the following are exam- ples :

Third Tuesday of December, 1692 .- " The Grand Jury presente John Taylor, of Woodbridge, for being Drunk.

" The Grand Jury presents Francis Walton for being Drunk.

" The Grand July presents Daniel Robins for breach of Sabbath."

Third Tuesday in September. 1693 .- Court held at Perth Amboy. "Dan- iel Robine, Jr., and Nathaniel Robins were presented by ye Grand Jury for Carting Wood on the Lord's Day or Sabbath Day.

" BENJAMIN HULL, foreman."

" Ordered by ye Court ytone or more of the neighboring Justices be acquainted with the said presentment of Daniel Robins, Jr., and Na- thaniel Robins, for carting wood on ye Lord's Day or Sabbath Day, yt he or they may issue out his or their Warrants for their fines, or for want thereof to be further proceeded with as the Law directs."

Third Tuesday of June, 1694 .- At this term, which was held at Perth Amboy, Benjamin Hull, who was foreman of the Grand Jury on the case last cited, was himself indicted, as appears from the following entry :

" Benjamin Hull, of Piscataway, presented by ye Grand Jury for keep. ing and allowing gaming at Cards and Bowle and Pins at hie house."

Two others-Richard Powell, of Woodbridge, and William Leveridge, of Perth Amboy-were presented for the same offenses by the Grand Jury. In the De- cember term of this same year they were brought be- fore the court, by whom they were "reproved and dismissed."

Third Tuesday of September, 1695 .- " The Grand Jury presented John Langstaff, of Piscataway, in this County of Middlesex, for being at sev- erill worke upon the Lord's Day.

" Also we do present John Camiogton, of Amboy, for cursing twice.

" Also we do present Thonias Carhart, of Woodbridge, for profane cursing and swearing."

The following is entered in the minutes nnder date of Jan. 19, 1747 :

" NOTE -The Court of Pleas Dropt through the Absence and Sickness of the Judges, but by a petition from the Justicee and Grand Jury et- tending the Court of General Sessione of the Peace, presented to the Council and Assembly then Sitting et Burlington, They passed an Act to which his Excellency, Jonathan Belcher, Esq., theo Governor, gave his Assent to Revive said Court of Pleas, which Act was published at Burlington aforesaid, the - day of -, 1747; And Enacted that all Processes and Proceedings whatsoever depending in the said Court on the third Tuesday of January shall be and hereby are Revived and continued as fully and effectually as if the said Court had met and con- tinned the said Processes and Proceedings by adjournment to the third Tuesday of April next to Come; and all Processes to be Issued for the next said Court shall and may be issued on the said third Tuesday of January ; and all such Processes shall be os effectual as if the said Court had met and Adjourned on the said Day. Any matter or thing to the Contrary hereof in any wise notwithstanding."

Tavern Rates in 1748 .- " Prices of Liquors and Entertainment for Man and Provision for Horses, as settled by the Justices of the Peace for the County of Middlesex in their General Quarter Sessions, As- sembled in October, 1748-money at eight Shillings per Onnce :

" Prices of Liquors and Entertainments for Man, etc. : £ 8. d. 10

Hot Meal of Meat, etc.

0 0

Cold Meal Do ...

0 0

Lodging pr Night.

Rum by the Quarteru

Brandy Do.

Wine by the Quart ..

Strong Beer Do

Cyder Do.

Metheglin Do.

· Lunch Do 0

And so in proportion for a larger or smaller Quantity.

" Provision for Horsee:

€

Oats by the Quart

English Hay pr Night.

Do for 24 Hours.

Salt or fresh hay pr Night.

Do for 24 Hours.

And so io proportion for a Longer or Shorter time.

" JOHN SMYTH, Clk."

This John Smyth was clerk of the courts for many years, from 1741, and perhaps earlier, to 1755, and his records show a clear and legible hand, as well as a neat and orderly arrangement. One entire book of

1 Old Minutes of the Court.

452

HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.

minutes covering the period referred to is the work of his hand.

First Courts Held at New Brunswick .- The Courts of Common Pleas for the county of Middlesex were first held in New Brunswick in January, 1778, and a court-house at New Brunswick is first men- tioned in the minutes of the court July 21, 1778.

By reference to the minutes of the Council of the State some further intelligence on this point may be gathered. On Wednesday, June 18, 1783, at the afternoon session of the Council, " The bill intitled ' An act to authorize the Justices and Freeholders of the County of Middlesex to repair the Barracks at New Brunswick, to be made use of as a Court-House and Gaol for said Connty,' was read a third time. On the question, 'Whether the said bill pass ?' it passed in the Affirmative. Nem. Con."

These " Barracks" were built by the British during the Revolutionary war, and fronted on King (now George) Street, occupying the lots from Paterson to Bayard Streets, inclusive. The barrack buildings were subsequently huilt of stone, and were one hun- dred feet front by sixty in depth. In 1795-96 they were burnt down by accident, after having been used for the court-house and jail of the county for the period between 1783-84 to that date. John Adams in his diary of Aug. 27, 1774, describes the barracks as they were at that date, proving that they were built before the commencement of the Revolution. He says, "There is a stone building for barracks, which is tolerably handsome; it is about the size of Boston jail."1 It is probable that this building, or a portion of it, was used for a jail in 1776, as we find the following in the journal of Provincial Congress under date of Feb. 5, 1776 :

"Ordered, That William Steele, confined in the gaol of New Brune- wick, be brought before this Congress and now heard. Whereupon he was brought accordingly.

" The offence of which he was accused being read to said Steele he acknowledged the same, which being duly considered,

" Resolved, unanimously, That said Steele be discharged from hie pree- ent confinement, upon his paying the cost of the present prosecution, as the same shall be taxed by the committee of the South Ward of New Brunswick, and give his obligation to the said committee in the sum of fifty pounds for his future peaceable and good behaviour, and yield up to the Chairman of said committee, all his arms of defence to remain in custody of said committee until they shall deem it proper to redeliver tbeDı."

After the " Barracks" was destroyed by fire the stones were immediately used in the construction of the old jail, which stood where the public school building now stands on Paterson Street. The jail was built in 1797, as appears from an inscription upon the old lintel-stone, which was copied by Mr. Deshler at the time of its demolition, as follows :

John Plom, )

E Phillips, A Schuyler,

C. Ilowel,

J. Chapman, C. Van Deventer.

Man'gers.

1797.

Masons.

' Adams' Works, vol. ii. p. 355.

CHAPTER LXIV.

MIDDLESEX COUNTY IN THE REVOLUTION.

The Provincial Congress of New Jersey .- An important part of the history of this county in the Revolution is contained in the proceedings of the Provincial Congress of New Jersey for the years 1775 and 1776. The agitations and measures of 1774 had prepared the way for a more responsible body than had yet assembled in the colony, and the Provincial Congress was a legitimate outgrowth of the represen- tative convention which met at New Brunswick on the 21st of July, 1774, and continued in session three successive days.

After the dissolution of this first provisional repre- sentative body of the patriotic people of New Jersey, in pursuance of a recommendation of the Continental Congress for a direct and more general appeal to the whole people, the inhabitants of the several towns, townships, and counties met in public meetings in their several localities during the fall and winter of 1774-75 and the spring of 1775, and chose dele- gates to represent them in another provincial con- vention.

The course pursued in Middlesex may be taken as a type of what was done in the other counties. In that county meetings were held in all the townships, at which delegates were elected to a County Conven- tion that was held in New Brunswick Jan. 14, 1775, of whose proceedings its clerk has left us the follow- ing record :

" According to a notice of the 20th December, 1774, sundry of the Freeholders of Middlesex County assembled at the Court-House in New Brunswick oo the 3d day of January, 1775, hut finding their number in- sufficient to pursue the business recommended hy the Continental Con- gress,

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History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 110

Author: W. Woodford Clayton, Ed. Publication date: 1882 Publisher: Philadelphia: Everts Number of Pages: 1224

Author: W. Woodford Clayton, Ed.
Publication date: 1882
Publisher: Philadelphia: Everts
Number of Pages: 1224