History of Chautauqua County, New York, and its people, Volume I, Part 32

Author: Downs, John Phillips, 1853- ed. [from old catalog]; Hedley, Fenwick, Y., joint ed. [from old catalog]
Publication date: 1921
Publisher: Boston, New York [etc.] American historical society, inc.
Number of Pages: 649


USA > New York > Chautauqua County > History of Chautauqua County, New York, and its people, Volume I > Part 32


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).


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Dunkirk was not only the first town in th


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BROOKS LOCOMOTIVE WORKS,


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PRESENT PLANT OF THE AMERICAN LOCOMOTIVE WORKS, DUNKIRK


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THE CITY OF DUNKIRK


county to be awakened to the great danger that threatened the country, but the first to take action in support of the government. Companies D and E of the 72nd New York Regiment of the Excelsior Brigade, the first organized in the county, were raised in Dun- kirk, sent forward, and June 20, 1861, mus- tered into service. Less than two months later, Company B, Captain James M. Brown, from Jamestown, was mustered in and joined the same regiment. Captain Patrick Barrett, of Company E, was the first man to enlist in Dunkirk, and one of the first soldiers of the county to fall in battle. He was mortally wounded at Williamsburgh, Virginia. Wil- liam O. Stevens, captain of Company D, after- wards became colonel of this regiment, and was killed at Chancellorsville. In the fall, Com- pany H, also from Dunkirk, Captain Stephen H. Doyle, was mustered in and joined the same regiment ; he was killed in battle before Rich- mond. Many other gallant officers and men of the three Dunkirk companies fell in the battles of the war. In other regiments and in other branches of the service were many of its citi- zens found. The Irish and the Germans of Dunkirk contributed quite their full share and suffered their full share of its losses.


During all the four years of war, Dunkirk was the center of military action in this con- gressional district ; from there the troops took their departure to the seat of war. Through Dunkirk they were constantly passing to the scene of strife or returning, perhaps wounded, from the field of battle. Here were the head- quarters of the provost-marshal, and here all the drafts for the congressional district were conducted. The State Arsenal and Armory was the rallying point for the volunteers de- parting for the front, and the place where some of the dead heroes of the war lay.


The new order of things introduced into Dunkirk by the completion of the Erie rail- road may be said to have been consumated at the close of the Civil War. Dunkirk has ex- perienced many adversities, and survived them all. A good harbor and superior railroad facili- ties are assets not to be overlooked, and im- portant manufacturing industries have located there. The Brooks Locomotive Works, incor- porated November 11, 1869, located in Dun- kirk, obtained their real estate and buildings from Horatio G. Brooks, who under the date of October 29, 1869, leased for a term of ten years from the Erie Railroad Company the above men- tioned property, known as the Dunkirk Shops, where the railway company had constructed a few locomotives and freight cars, as well as


repairing same. At a subsequent meeting of the trustees of the Brooks Locomotive Works held in the City of New York, November 13, 1869, Mr. Brooks was elected president and superintendent, and Marshall L. Hinman, sec- retary and treasurer.


The initial order for locomotives was from the Erie Railway Company, such order being for twenty-five eight-wheel engines, six-foot gauge, which was the standard gange of the Erie railway at that time, and the order to be completed at the rate of two engines per month. During the first month one locomotive was completed, and also one during the month of December. Twenty-seven locomotives were completed during the first twelve months.


Mr. Brooks died at his home in Dunkirk, April 20, 1887. From the time of his death to the consolidation with the American Locomo- tive Company, Marshall L. Hinman and Rob- ert J. Gross were the leading spirits in the management of the works, Mr. Hinman becom- ing president of the company in 1892, Mr. Gross vice-president. With the consolidation of the works as part of the American Locomo- tive Company, Mr. Gross, in June, 1901, was elected second vice-president of the American Locomotive Company and placed in charge of the Brooks Works at Dunkirk, the latter be- coming at once one of the most important branches of that progressive organization.


The construction of the Dunkirk, Allegheny Valley & Pittsburgh railroad bringing several towns of the county in direct trade with Dun- kirk, was an important event among the many which have followed the coming of the first railroads. Others were the extension of the Western New York and Pennsylvania, the building of the Nickel Plate, the trolley lines from Fredonia and Buffalo, and the double tracking of the Lake Shore & Michigan South- ern, making Dunkirk the most important rail- road center of the county. Extensive improve- ments made by the government through the influence of Congressman Warren B. Hooker gave to the harbor a depth of nineteen feet, also effective permanent breakwaters.


Another highly important industry of modern Dunkirk is the Atlas Crucible Steel Company, manufacturers of high-speed tool steel. This company was organized in 1907 by Edward Burgess, C. P. Burgess and R. E. Dickenson, as the Atlas Steel Company, and reincorporated in 1912 as the Atlas Crucible Steel Company. In 1915 the Dunkirk Glass, Essex Glass, Commercial Steel and Conti- nental Heater Companies established plants in Dunkirk, which is also the home of the United


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CHAUTAUQUA COUNTY AND ITS PEOPLE


States Radiator Corporation, the Romer Axe Company, Lake Shore Seed Company, Niagara Motor, and other prosperous, important cor- porations. The industries of Dunkirk are to- day turning out and sending to all parts of the world, locomotives, seeds, glass bottles, radia- tors, silks and silk garments, automobiles, auto- mobile axles and parts, steel, marine engines, boilers, engine mufflers, axes, carriages, wagons, lamps, lithographs, macaroni, grape juice, furniture, lumber, shirts, pennants, cigars, gloves, hosiery, doors, artificial stone, brick, steam valves, paper boxes, lenses and scores of other articles.


The fishing industry is an important one, the fine harbor affording safety and conven- ience for shipping the tons of fish caught daily in Lake Erie during the season. In the year 1913 Dunkirk shipped 3,673,760 pounds of fish. A municipal wharf built at a cost of $100,000 is one of the modern improvements to the har- bor, while municipal Dunkirk has a complete system of sewers, electric light, power and water plant, and well paved streets and elec- trically lighted at the city's expense. Dunkirk has a city hall, public library, efficient police and fire departments, well housed and equipped, and a large and splendidly equipped hospital, the Brooks Memorial. Washington Park is in the center of the city, a children's play ground. Point Gratiot, a city park on Lake Erie, contains 125 acres.


The city's educational advantages are of a high order. The school system of ward graded, grammar and high schools is under control of the University of the State of New York. In addition to the public schools there are parochial, grammar and high schools, busi- ness colleges and private institutions. The graduates of the high school are accepted on the certificate plan by all colleges which have adopted this method of admitting students. The commercial, manual training and domestic science departments are perfectly equipped for best results and are in charge of a most effi- cient corps of instructors. The school build- ings are all of modern construction with hygenic and sanitary equipment. (See school chapter.)


Seventeen houses of worship provide for


that moral and religious side of life upon which so much of a city's stability depends. These buildings range from modest sanctuaries to the steepled edifices of Gothic architecture. People of various nationalities have the oppor- tunity of attending services conducted in the tongue of their native land, as there are churches where only German, Polish, Swedish or Italian language is used.


There are two national banks in the city, the Lake Shore and Merchants, and a trust com- pany, The Dunkirk, established in the sum- mer of 1920. (See banks.)


Fraternal, social and benevolent orders are to be found in abundance, as are clubs, guilds, church and charitable organizations in wom- an's influence are supreme. The Dunkirk Club, Willow Brook Country Club, the Woman's Literary Club and Woman's Union are repre- sentative of those organizations.


According to the State census of 1915, the city of Dunkirk had a population of 15.704 citi- zens and 2,166 aliens; total, 17,870 residing in its four wards. The same census credits the sixty factories or mills of Dunkirk and the Lake Shore repair shops with employing an average monthly force of 4,350, of which 3,643 are men, 380 women, 29 children between the ages of 14-16, and an office force numbering 298.


The first supervisor from the newly erected town of Dunkirk was Geo. M. Abell, who served in 1860. John S. Beggs, 1861-1873; Alex. Popple, 1874; Wm. Bookstaver, 1875- 83; David Russell, 1884; Wm. Bookstaver, 1885-86; Julien T. Williams, 1887-90; W. J. Cronyn, 1891; Samuel D. Gifford, 1892; Ralph Day, 1893 ; Samuel D. Gifford, 1894-95; James C. Russell, 1896; Frank G. Gould, 1897; John K. Patterson, Jr., and Henry Mayo, 1898-99; John K. Patterson, Jr., and Thomas J. Cum- mings, 1900-1905; Benjamin L. Harrison and Thomas J. Cummings, 1906-1907 ; Rollin W. Snow and Thomas J. Cummings, 1908; Rollin W. Snow and John J. Walters, 1909-13; Peter Gregoreske and Nelson J. Palmer, 1914-19; Peter Gregoreske, Charles D. Loeb and Frank Lewandeski, 1920.


In 1880 the village of Dunkirk was incor- porated a city.


CHAPTER XVIII.


Towns: Ellery-Ellicott.


Ellery-For about twelve miles of its length, the eastern shore of Chautauqua Lake forms the southwestern boundary of the town of Ellery,


that town extending from the towns of Elling- ton and Gerry on the east to the town of Chau- tauqua on the west, and from the town of


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TOWNS-ELLERY


Stockton on the north to the lake. Within these borders are comprised 30,098 acres of principally hilly land, well watered, and lying at about the geographical center of the county. The twelve miles of lake front comprise the most valuable lands in the town, the entire dis- :ance being well improved and largely devoted :o residence and recreation purposes. Bemus Point, Griffith's Point, Greenhurst, Long Point, Maple Springs, and Midway are popular sum- ner resorts, and Long and Bemus Points, :apes, extending into the lake, enclose a beau- iful bay sometimes caller Middle Lake. In other parts of the town are the small villages- Ellery Center, West Ellery, Towerville and Midway. The lake shore of Ellery is tra- ersed by the Jamestown, Westfield & North Vestern railway, a modern electric line, con- lecting Jamestown, the villages and resorts of he eastern shore of the lake with Westfield nd Dunkirk.


The population of Ellery in 1915, according o the State census was 1,876, of whom 88 were liens. There is no manufacturing in the town.


Ellery was set off from the "mother town," Chautauqua, February 29, 1821, but the first ettlement was made by William Bemus in the pring of 1806, at Bemus Point ; Jeremiah Grif- th about two weeks after settled at Griffith's 'oint. His children were John, Seth, Samuel, 'olly, Jeremiah and Alexander. A little later le same spring, Alanson Weed came with his emily and settled in Ellery, about two miles outh of Dewittville. Abijah Bennett came ith him, stayed during the summer, and the ext winter brought his family.


William Bemus, son of Jotham, Sr., and Try- hena (Moore) Bemus, was born at Bemus eights, Saratoga county, New York, February 5, 1762. About the beginning of the Revolu- onary War he removed with his father to Pitts- wn, Rensselaer county. He married, Janu- y 27, 1782, Mary, daughter of William Pren- ergast, Sr. Mr. Bemus and his family were a art of the company of emigrants, composed niefly of Prendergasts, who journeyed to Ten- essee and returned and settled in Chautauqua. e came to Ripley in the fall of 1805, and spent le winter in Westfield, near Arthur Bell's. 'he next spring he settled on the east side of hautauqua Lake, on land bought in January, 306, at what has since been known as Bemus oint, in Ellery, where he resided until his eath, January 2, 1830, aged nearly sixty-eight 2ars. The wife of Mr. Bemus, born March 3, 1760, died July 11, 1845, aged eighty-five pars. They had a large family, all of whom moved to this county. Their children were :


Daniel, a physician, removed to Meadville, Pa., where he died; Elizabeth, wife of Capt. John Silsby, they removed to lowa, where they died ; Tryphena, who married John Griffith, son of Jeremiah Griffith; Thomas; Charles; Mehitabel, wife of Daniel Hazeltine, of James- town, she died September 22, 1887, aged nearly ninety-five years; James, married Tryphena Boyd and resided at Bemus Point, where he died. Charles Bemus, fifth child of William and Mary (Prendergast) Bemus, was born in Pittstown, August 31, 1791. He came to Chau- tauqua with his parents in 1805. He married, February 28, 1811, Relepha Boyd, who was born July 20. 1790, and lived at Bemus Point on land originally bought by his father, until his death, October 10, 1861. His wife died January 2, 1843.


In October, 1809, the northeastern part of the town was first settled by William Barrows, a native of New Bedford, and a son-in-law of Maj. Samuel Sinclear, of Sinclairville. He set- tled on the bank of the Cassadaga creek, at Red Bird. After clearing a tract of land he removed to Ohio. The same year John De- mott settled about one-half mile south of Bar- rows.


In 1809 John and Joseph Silsby settled on the lake, one or two miles southeast of Bemus Point. John Silsby was captain of a Chau- tauqua county company in the War of 1812, and was wounded at the battle of Buffalo. Enos Warner was an early settler in Ellery. He bought land on lots 26 and 27. John R. Russell settled on lot 30. Clark Parker in IS10 settled on lot 27. He was an ensign in Captain Silsby's company. William Smiley in 1810 removed to Ellery, and died in 1825. His sons, Joseph and William, served in the War of 1812 and participated in the battle of Buf- falo, in Captain Silsby's company, in which William was killed. William, a grandson of William, was killed in the battle of the wilder- ness. Josiah Hovey built a cabin on lot 13, in the northeast part, and in 1811 sold to John Love, who settled there. He died in Illinois in 1859, at the residence of his son Frederick. In 1815 Joseph Loucks, from Madison county, settled in the southeastern part. His sons, John, Daniel and Hiram, came with him. The sons, Joseph, Henry, Peter and David, came later.


William Atherly, William G. Younker, Henry Strunk, Henry Martin and Thomas Arnold also early settled in that part of the town. In 1816 Adam S. and James Pickard settled on lot 3. In a short time they removed to lot 22, in the northern part. Joseph W.


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CHAUTAUQUA COUNTY AND ITS PEOPLE


came later. Their descendants still reside upon the highway, which is called Pickard street. About this year Samuel Young settled in this northern part upon lot 54. Ezra Young early settled on lot 46, Harry Hale on lot 38, Festus Jones, an early blacksmith, on lot 37. His brother, Luther C., was a surveyor.


John Wicks, from Saratoga county, settled in Ellery in 1818. His son, James H., born in Saratoga county, August 2, 1817, came to Ellery, subsequently removed to Gerry, where he died March, 1891. He was justice of the peace for sixteen years, and an active Metho- dist. He married Sophia, daughter of Andrew Ward, an early settler and lifelong resident of Ellicott.


In 1824 Peter Pickard settled on lot 9, in the eastern part. The same year James Heath set- tled in the same part on lot 2. Seth Clark, Clark Parker, James Hale, John Miller and Jacob Johnson were all early settlers here. In 1824 John Thompkins settled in the northeast- ern part.


The Hale family of Ellery dates back to the early days of the Massachusetts colony. Har- vey Hale, born November II, 1797, in Otsego county, New York, married Jerusha Babcock, December 15, 1822; he died December 27, 1876; she died April 5, 1876. They settled in Ellery in the spring of 1827 about two miles north of Ellery Center.


Nathaniel C. Barger was born at Peekskill, New York, June 24, 1808. In 1828 he married Catherine Tompkins, and started for the West over the Erie canal and settled in 1828 in the eastern part of the town of Ellery, where he made his home until his decease. Mrs. Barger died in 1837. Their children were John D., Nathaniel T. and Lowry D. Mr. Barger mar- ried Tamor Tompkins, July 16, 1837.


In 1839 Orrin Hale settled in the central part. Elhanan Winchester settled early near the center. His brothers, Marcus, Jonadab, Jotham, Francis, Ebenezer, Herman and Hart- ford, all settled in the town. Ebenezer was early associated with Horace Greeley in pub- lishing the "New Yorker." The father of the Winchesters came later and was twice mar- ried. He had twenty-three children, it is said. Lewis Warner early settled on lot 34, Morri- son Weaver on lot 42, James Newbury on lot 18, and Amos Wood on lot 36. In the western part the early settlers were Luther Barney, James and Joseph Furlow, Ezra Horton and Joseph Brownell. Barnabus C. Brownell set- tled in the northwestern part.


Benjamin Parker, son of Thomas Parker, was born in Rhode Island, in March, 1765. In


the Revolution he was for three years em- ployed by the colonial government with an ox-team and a cart as a transport. He mar- ried Mary, daughter of Ebenezer Davis, of Hartford, Connecticut; she was born June 2, 1761. Mr. Parker, after residing in Washing- ton county, came with his family to Ellery about 1816 and purchased one hundred twenty . acres of land near Bemus Point, where he re- sided until his death, November 7, 1842. His wife died January 26, 1847. Since Benjamin Parker's death the old homestead has been sold in proceedings in the Supreme Court in which there were ninety-two parties, his direct de- scendants.


Elisha Tower, son of Isaiah and Sylvia (Toby) Tower, was born in New Bedford, Mass., May 10, 1788. He early removed with his parents to Duanesburg. In the summer of 1810 he came to Chautauqua and after a while took up 176 acres of land on lots 43 and 12 in the northeastern part of Ellery and commenced improvements. In 1813 he was drafted into the United States service and participated in the battle of Buffalo. He assisted his comrade, Cornelius De Long, who had been wounded in the head by a spent grapeshot, to escape from the enemy. June 1, 1815, he married Philenah, daughter of Simeon and Rhobe Mor- gan. Mrs. Tower died December, 1860, and Mr. Tower January 17, 1866.


James Heath, born in Brattleboro, Vermont, about 1785, married Zubia Austin, in Cam- bridge, Washington county, and moved to Wayne county, where he resided for several years. March 2, 1824, he moved to Ellery, took up land on lot 2, on the town line road between Sinclairville and Fluvanna and re- sided there until his death, January 17, 1845. Morgan L. Heath was born in Lyons, Wayne county, April 20, 1812, moved with his father's family to Ellery in 1824. December 25, 1843,. he married Electa Purdy.


Odin Benedict, son of Dr. Isaac Benedict, of Connecticut, was born in Skaneateles, Onon- daga county, August 20, 1805. Dr. Isaac Bene- dict moved to Marcellus about 1803. He was a surgeon in the United States service in the War of 1812, and died in 1814. Dr. Odin Benedict read medicine in his native town and graduated at Fairfield Medical College. He was licensed by the Herkimer County Medical College in January, 1826, and the same year came to Ellery Center and commenced prac- tice. He was the first resident physician, and for years was one of the best known in the county. He had an extensive practice which continued until the year 1850, when he re-


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BEMUS POINT


WARPING RAFT UP THE STREAM


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TOWNS-ELLERY


moved to Ann Arbor, Michigan, and started a government stock bank. In September, 1851, he went to Dunkirk and engaged in banking for a few years, after which he had a broker's office there for some years. He then resumed the practice of medicine, which he continued until his death in 1874. He was elected super- visor of Ellery in 1833 and was supervisor of that town fourteen years. He was member of Assembly in 1840 and 1843, and was postmas- ter in Ellery for about twenty years. In 1826 he married Sally Ann Capp. He died in 1874.


Samuel Weaver, son of Morrison Weaver, was born in Pittstown, January 16, 1833, came to Ellery from Washington county with his parents in 1834. and was school teacher for several years. He was elected supervisor for Ellery in 1888, serving one term with marked ability. He married Evaline M. Lazell, Janti- ary 13, 1859. He died in 1893. He had one brother, Simeon B.


Alfred Harvey came to Ellery and settled on lot 30, March 2, 1847. He was born in Onon- daga county, in 1819. He married Alsina, daughter of Volney Patterson. (Mr. Patter- son came to Gerry about 1855, and died in 1873). She was born in Onondaga county, August 31, 1826.


Jacob R. Brownell, born in Dutchess county January 10, 1802; after death of his first wife Mary in 1830, married, March 18, 1832, Han- lah Harrington, of Hoosic, and moved to Ellery the same year and settled on lot 43. He lied January 20, 1871 ; his wife died July 25, :862. Their son, William O. Brownell, was porn May 18, 1834, married Armenia M., laughter of Thomas D. and Ann M. (Shears) Wallis, who came to Ellery in 1836. Mr. Wal- is died January 25, 1871, and his wife April 20, 1873.


Charles G. Maples, who settled on a farm in 838, was many years justice of the peace, United States Assistant Assessor of Internal Revenue several years, and surrogate of the county.


The first sawmill was built in 1808 and the irst gristmill was built in 18II, both by Wil- iam Bemus. Joseph and David Loucks built i sawmill in the southeastern part of the town n 1830, and in 1832 Thomas Wing built a fristmill, but the most valuable grist and flour nill was built the same year by Seth and Sam- tel Griffith. A carding and cloth dressing 'stablishment was early erected by Tubal C. )wens, on Bemus creek. William Bemus leeded one acre of land at Bemus Point for >urial purposes. Matthew P. Bemus after- vards conveyed seven and one-half acres to


the Bemus Point Cemetery Association. fence, at an expense of $3,000, was erected around it. and the cemetery was made one of the most tasteful in the county. A large num- ber of the dead from Ellery and many from Harmony are buried there.


A Baptist church at West Ellery was formed in 1808 by Elder Jones, then a resident of Ellery. at the house of John Putnam, for many years a deacon. The Baptist church, Ellery Center, was organized with nine members in 1814, by Elder Asa Turner, the first pastor. The first house of worship was built in 1830; in 1862 another one was built.


The First Universalist Church of Ellery was organized with twenty-three members by Rev. Isaac George, the first pastor, June 12, 1822. A house was built in 1858 at Bemus Point.


The Methodist Episcopal church, West El- lery, was organized with twelve members by Messrs. Chandler and Barnes in 1831. Their first church edifice was erected in 1836; a sec- ond one in 1861. The first pastor was Rev. William Chandler.


The Methodist Episcopal church, Pickard Hill, was formed in 1830, Rev. J. C. Ayers, pastor. In 1871 they united with the United Brethren, and built a union church.


The United Brethren church, Pickard Hill, was organized in 1869 with eight members by Rev. Lansing McIntyre, first pastor.


Supervisors-Almon Ives, 1821-24-27-32; Peter Loucks, 1822: Abijah Clark, 1823; Jona- dab Winchester, 1828-31 ; Robertson Whiteside, 1829; John Hammond, 1830; Odin Benedict, 1833-48; Minot Hoyt, 1840; George P. Van- dervort, 1843-48-50; William S. Aldrich, 1851- 53: Ira Haskins, 1854: Elias Clark, 1855; Leman Pickett, 1856-57 : William C. Benedict, 1858-63-65-66-72-84-85 : James Hale, 1864; John R. Russell, 1867: John S. Bemus, 1868-69; Oscar Hale, 1870-71-75-76-86-87 ; George W. Belden, 1873-74: Asa Cheney, 1877-83: Sam- tiel Weaver. 1888; Benjamin A. Pickard, 1889- 90: S. Dwight Thum, 1891-97 ; Frank F. Pick- ard, 1898-1905; A. Morelle Cheney, 1906-13 (chairman pro tem., 1910-13 inclusive), 14-17 (chairman, 1916-17) ; O. C. Casselman, 1918-20.


The full value of real estate in the town of Ellery in 1918 was $1.763.987; the equalized assessed value, $1,383.973.


Bemus Point, the principal lake resort, is widely known, and its summer colony is drawn from widely separated points. Its permanent population, according to the State census of 1915 was 270. In government it is an incor- porated village.


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CHAUTAUQUA COUNTY AND ITS PEOPLE


Ellicott-Ellicott, formed from Pomfret, June 1, 1812, received its name in compliment to Joseph Ellicott, so long connected with the Holland Land Company, comprised townships one and two of ranges ten and eleven, and in- cluded Poland, Carroll, Kiantone, and a part of Busti, making the town twelve miles square. April 16, 1823, the west half of township one, range eleven, was taken off to form Busti, and four of these lots were re-annexed to Ellicott May 7, 1845. March 25, 1825, Carroll was formed, and April 9, 1832, Poland was set off. Four lots were added from Carroll in 1845. Jamestown was carved out in 1886, leaving the towns surrounding it on the north, east, south and west sides, and containing 19,065 acres. Chadakoin river, the outlet of Chautauqua Lake, flowing northeast, unites with Cassa- daga creek, flowing southwest, on the east line of the town, about equal distance from its north and south boundaries. Ellicott is surrounded on the west by Busti and Ellery, north by Gerry, east by Poland and Carroll, south by Kiantone and Busti. The soil is of alluvial for- mation along the streams, changing to clayey and then sandy loam as it approaches the hills. There are several artesian wells at Ross Mills, and a greater number at Levant, from some of which the water-works of Jamestown are sup- plied. These are from seventy-five to one hun- dred thirty feet in depth, and produce an abun- dance of pure cold water of unvarying tempera- ture. The water is invariably found in coarse sand and gravel, under a layer of clay. The supply is apparently unlimited, and various theories concerning it have been advanced. The water is raised in these wells by its own force fully twenty-five feet above the surface of the ground.




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