USA > New York > Delaware County > History of Delaware County, and border wars of New York, containing a sketch of the early settlements in the county > Part 17
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" At that early period ministers in Delaware county were a rarity, and these Connecticut people were brought up in a strict Sabbath-day keeping; and before they had stated preach- ing, the inhabitants would meet on Sunday at some central house in the neighborhood, and the deacon of the settlement would read some old sermon they had brought with them. On one occasion they had met for this purpose at Deacon Webster's ; he had read the text, and was proceeding with the sermon, when his black man, by the name of Amos, suddenly appeared at the door, showing his ivory, and addressing his master, the deacon : ' Massa, massa, dar is a fine fat buck in the barn-yard, with the cattle ;' The old deacon took down the rifle, (an old chunk rifle,) stepped to the door and raised it to his eye. Bang ! went the rifle, and down went the deer. The deacon told Amos to keep his eye on him a little, and then replaced his rifle and resumed his sermon.
"But this was not all-old Mrs. Rose happened to be out
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herding the cattle, and hearing the report and seeing the deer fall, she went immediately to her husband, who was justice of the peace, and said, 'Esquire Rose, what do you think Esquire Webster has been doing ?' 'I don't know,' said he, ' my dear, what has he ?' ' Why, he has been shooting a deer on the Lord's day !' Next morning Esquire Webster received a polite note from Justice Rose, setting forth the charge against him, and inviting him to call up and pay the fine."
The following information in relation to the early settle- ments, was derived principally from Cyrus Burr, a highly respectable citizen of Andes, and formerly, and for a number of years, supervisor of that town.
The family of Mr. Burr moved into the county in 1794, and settled in what was then called Middletown, Ulster County, but now Andes, Delaware County, at which time the entire town, except a few farms along the river, was one unbroken wilderness. The first farm bordering on the river below the Middletown line, was owned by James Phenix, who was among the first that emigrated after the Revolution. He had occu- pied the place before the war, but had retired for safety during that period. A man by the name of Olmstead, who came in about the same time, possessed the second farm. The third farm had been originally taken up by a man named Burgher, whose unfortunate end we have related in a previous chapter. The next farm was occupied by Joseph Erksine, an English soldier, who was taken prisoner and afterwards enlisted in the American service. The next in course, following down the river, were Silas Parish, from Dutchess County, who had emi- grated at an early day, E. Washburn, from the same place, and a few years later, Eli Sears, father of T. B. Sears, of Tompkins County, delegate to the state convention in 1846.
At Shavertown, were several families, among whom were" Jacob Shaver, Adam Shaver and John Shaver, from Dutchess County, and Philip Barnhart from Schoharie County, all of
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whom had located there about the same time. Mrs. Barnhart, was a sister of the father of Ex-Governor Bouck, and quite a number of her descendants remain in that neighbourhood yet. The first settler back from the river was Robert Nicholson, who located about three miles up the Tremperskill, which empties into the Delaware river at Shavertown. He moved with his family, in 1793. Philip Shaver, located himself on the same stream the following spring, and Thomas More, about a mile above, sometime during the same season.
In the spring of 1797, Mark Summers settled about half a mile still farther up, and Jonathan Earl, shortly after, one and a half miles above Summers, and within half a mile of what is now Andes village. About the same time Aaron Hull, after- wards, and for several years, Justice of the Peace of Middle- town and Andes, settled about one and a half miles north of the village of Andes. He reached his new home by an entirely different route, (the West Branch and Little Delaware,) from those settlers whom we have already enumerated, and conse- quently it is not strange that he should have been unaware of his proximity to them. It was nearly a year before he became aware of the fact, and then by simple accident.
Hull had a horse which he was obliged to turn into the woods to pick its living, and it was while in search of his horse that he unexpectedly met Earl, who was also looking for a yoke of oxen that had strayed into the woods. The place of meet- ing was near the village of Andes.
Early in the summer of 1794, John Burr, Henry J. Bevans, and John Thomas, with their families, moved into what is now the easterly part of the town of Andes, about one and a half miles from Phenix's, above mentioned. Burr and Bevans were from Fairfield County, Conn., and Thomas was a Welshman, direct from his native country. John Jones, another Welsh- man, settled within the limits of Andes, one mile west of Clark's factory, the same year-where his son and a number
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of his grandchildren now live. In 1795, Samuel Barlow set- tled in that neighborhood. During 1794, '95, and '96, settle- ments commenced along the western line of the town border- ing on Hamden, by Patterson, Terry, Holmes, Barnes, and others, and from these points the settlements gradually spread into the westerly and southerly portions of the town.
We have been favored by a valuable correspondent, and an esteemed friend, with the following authentic account of a cat- amount-killing in Andes, a long time ago, that makes " Old Put.'s" adventure seem a small affair, more especially, when we recollect that the Andes catamount, like catamounts in general, was a fearless and ferocious animal-while Putnam's wolf, like all other wolves, was a cowardly and sheepish fellow.
The panther had made great ravages, and a party of young men resolved to kill him. Daniel H. Burr, brother of Isaac and Cyrus, and the first supervisor of the town of Andes, Moses Earl, since painfully associated with the Andes tragedy, and one Samuel Jackson, now deceased, were of the party.
Early one morning the animal was followed by his well known track, from the scene of one of his usual nightly raids, to his den, which was located in the mountain, about one mile from Clark's factory. The dogs were sent in, but refused to proceed nearer than about twelve feet, at which point the den, or rather narrow clift in the rock, turned obliquely to the left, and all that lay beyond was shrouded in complete darkness. The savage beast finding himself disturbed in his chosen re- treat, sent forth, at intervals, loud and angry growls. All efforts to dislodge him having proved unavailing, Samuel Jackson resolved to enter the den, and shoot him there.
After having loaded his rifle, and permitted his anxious friends to tie a rope to one of his legs, that might be used, if necessity required, in hastening his exit, he entered the cavern. A lighted candle, thrust into the opening of a split stick, gave just light enough to make the surrounding darkness visible, 18
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and with this and his trusty rifle, Jackson entered the cave, into which, he was compelled to creep upon his elbows and knees. When at the point where the cavern's course took a new direction, he discovered the furious animal sitting upon its haunches some twelve feet distant from him, gnashing its teeth, and by the usual motions, evincing its excited ferocity. Jackson with difficulty got his rifle in a position for use, and after a deliberate aim at the panther's head, discharged it. His anxious friends hearing the growl of the wounded animal, mingled with the roar of the rifle, pulled lustily and rapidly at the cord made fast to Jackson's leg. They drew him out, but the sharp angles of the rock tore alike his clothing and his skin; he came out of the cavern almost a naked man, and astonished his anxious friends, while
"The hollow aisles of the dim wood rang,"
with his incontinent hard swearing ! It was difficult to tell which was the most furious, the panther at one extreme of the cavern, or Jackson at the other.
The growling of the panther continued, and after an inter- val of time had elapsed sufficiently for the smoke to clear away, Moses Earl followed the knee-prints of his predecessor Jack- son, and entered the cave. His shot was more effectual, and the panther gave no signs of life; Earl's exit, too, from the cave was less expeditious, and far more pleasant than Jackson's. The dead animal was drawn out from the den with little diffi- culty, and proved to be a full grown female, which like many another female, made up in spunk what was wanting in size.
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DELAWARE COUNTY.
CHAPTER IX.
Increase of population in the interior of the State- Necessary alter- ation of the civil divisions from time to time-Erection of Otsego in 1792-Petition for the erection of a new County in 1796-New County erected in 1797-Called Delaware-Number of towns at the erection of the County-Enumeration of the other towns in the order of their erection-Names of the first Supervisors-First Re- presentatives to the Assembly-First Court held in the County- First Judges-First Sheriff-Court-house and Jail erected-Murder of Cameron and McGilfry-Arrest of the murderer-Escape of the prisoner from jail-Re-arrested on Cabin-hill-Tried and found guilty-Sentenced to be hung-Execution a public one-Descrip- tion by an eye-witness of the execution-Excution of Foster in 1819-Burning of the Court-house and Jail-One man burned- Legislative Act-Erection of the Delaware Academy-Its founder- Manner of its endowment-Geological Society formed in Delhi-Its short existence-Matter in relation to the formation of the County -Extract from the Diary of Judge Foote-Obituary Notice-List of Assemblymen since the formation of the County-Surrogates and County Judges-Sheriffs -- County Clerks.
THE steady and rapid increase of inhabitants in the fron- tiers, or the central portions of the State, rendered the form- ation of new counties and towns necessary from time to time, to enable the more ready administration of government. In 1770, as before stated, the county of Albany contained by far the larger portion of the present county of Delaware ; indeed, it comprised the whole, excepting a part of the towns of Hancock and Colchester. Latterly, I think in 1786, the boundaries of Ulster were increased so as to contain the whole of Delaware county east of the Pepacton, or East Branch of the Delaware; and in 1772, a new county by the name of
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HISTORY OF
Tryon, was organized, which included the balance, or northern frontier of the county, and the West Branch was made the dividing line, the whole of said river belonging to Ulster county.
These civil divisions remained unaltered until 1792, when Ostego county was formed from Tryon, and the southern boundary was fixed as the West Branch. It now became obvious that another county was necessary from portions of Ulster and Otsego, as those who resided north of the West Branch were obliged to go to Cooperstown to transact their business, and those who attend court, while those on the south side of the same stream did their business at Kingston ; and accordingly, in 1796, the following petition was presented to the legislature, signed by the most respectable citizens of Otsego county, including the supervisors of the respective towns :
"To the Honorable the Legislature of the State of New York-the petition of the subscribers, inhabitants of the County of Otsego, humbly showeth :-
" That the Legislature of this State did, in the year one thousand seven hundred and ninety-four, contemplate the erection of a county by the name of Delaware, composed of part of the counties of Otsego and Ulster. Your petitioners, after due consideration, do think it reasonable that the said county of Delaware should be set off according to the bounda- ries advertised for public consideration. We, your petitioners, do therefore humbly solicit that your honorable House would pass a law for erecting the said county of Delaware.
Benjamin Gilbert, Benjamin Griffin,
William Cooper,
Griffian Craft,
Russel Bartlett,
William Averill,
Eleazer Robins,
David Ferguson,
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DELAWARE COUNTY.
William Cook,
Nathaniel Golt,
Thomas Fuller,
James Harper,
A. H. Ten Broeck,
Elihu Phinney,
Wm. Abbott,
Samuel Huntington,
Joseph Holt,
Joseph Griffin,
Israel Guild, Sluman Wattles, Supervisor of Ostego Co.
H. Farnsworth,
James Gardiner,
Benajah Beardsley, David Goff,
66
James White,
William Beekman, 66
66
Stephen Ingalls,
Christopher Colwell,
Norman Sandon,
Joshua Dewey,
Wm. French,
Roswell Hotchkiss,
66
Oliver Ingalls,
Jas. Strong and Eli Parsons."
From the above and other petitions, it appears that in the session of 1794, a plan with boundaries was agreed upon by the Legislature, and by a concurrent resolution it was resolved to defer the erection of the new county until a coming session, "that the same be published in the public papers, with leave to any person or persons affected thereby, to appear at the bar of either house, and show cause (if they have any,) against the passage of such a bill." Accordingly, at the session of 1796, the opponents of the new measures had arrayed them- selves fiercely against the proposed boundaries, and had pre- pared themselves fully for the contest. While the inhabitants of Walton, Cannonsville, and Deposit, petitioned to be annexed to Tioga county, those of the East Branch petitioned to remain in Ulster county, and to do their business at Kingston. As they were compelled to go there once or twice a year to trans- act their ordinary affairs, they might at the same time do their county business, with little expense or trouble. They also set forth, that between them and the proposed county-seat lay a hideous and almost impassible mountainous wilderness, with- out roads, and the people too poor to build them. The last remonstrance was signed by one hundred of the most respect- able citizens of that section .-
18*
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It appearing, however, from the remonstrances, that the petitioners were actuated by selfish motives, it had-no other : effect than to hasten the action of the Legislature, and accord- ingly on the 10th of March, 1797, the bill passed and became a law.
At its formation, Delaware county contained only seven towns, viz. : Colchester, Middletown, Franklin, Harpersfield, Kortright, Stamford and Walton, and with the exception of the latter, they had all existed previous to 1797. The local interests of the inhabitants, together with the steady increase of population, rendered the erection of new, and the subdivi- sion of old towns necessary, from time to time ; and in 1798, Delhi was erected into a town, from territory taken from Kort- right and Walton. The village of Delhi was incorporated by an Act of March 16th, 1821; Roxbury was taken from Stam- ford in 1799; Meredith was taken from the towns of Frank- lin and Kortright in 1800; Sidney was taken from Tompkins in 1791; Hancock was taken from Colchester in 1806; Tompkins, originally called Pine-field, was erected in 1808; Masonville was erected from Sidney in 1811; Davenport from Kortright and Maryland, Otsego county; Andes was taken from Middletown in 1819; Bovina was taken from Delhi and Stamford in 1820. The name was given by the late General Root, and is of a latin origin, signifying cattle or oxen-it is both beautiful and appropriate. Hamden was taken from Walton in 1825, and was the last town organized in the county.
The Supervisors convened for the first time in the county. May 31st, 1797, for the purpose of canvassing the votes taken in the county. The following is a list of their names and the town they represented :
Benjamin Milk, of Middletown,
William Horton, of Colchester,
*
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DELAWARE COUNTY.
Enos Parker, of Franklin,
John Lamb, of Stamford, Roswell Hotchkiss, of Harpersfield, Benajah Beardsley, of Kortright, Robert North, of Walton.
Annexed is a list of the total personal and real ratable property in 1798, the basis of the first assessment made after the erection of the county :
Walton,
$7,197 50
Middletown,
6,366 50
Kortright,
15,399 54
Stamford, 14,375 00
Colchester,
14,803 75
Harpersfield,
7,896 00
Delhi, .
7,835 62
Franklin,
11,169 84
$85,043 75
The first representatives to the Assembly were Nathaniel Wattles and William Horton. The first sheriff was Elias Butler. The first court was convened at the house of Gideon Frisbee, on Tuesday, the 3rd of October, following the erection of the county. Before proceeding to ordinary business, it was resolved that the seal of the court should be a "stream of water issuing from a high mountain, round which shall be the words, 'Seal of the Court of Common Pleas of the County of Delaware,'" as emblematic of the surface and general features of the county.
Patrick Lamb, William Horton and Gabriel North, were judges, assisted by Isaac Hardenburg and Alexander Leal. The names of the attorneys who were admitted and sworn, were Conrad E. Elmendorf, Philip Gebhard, Erastus Root, Anthony Marvine, Cornelius E. Yates, and David Phelps.
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The courts, and all other public gatherings, were held at the hotel of Gideon Frisbee, until the completion of the court- house and jail, which was in the summer of 1799. Although the county had been to the expense of erecting a jail for the confinement of prisoners, it seems to have been an unnecessary appendage, for we note that in 1813, the Legislature passed an Act "authorising the commissioners of excise of the town of Delhi, in their discretion, to allow an inn or tavern to be kept in the building occupied as a jail ;" and considering the extent of the county, Delaware has ever had, comparatively, but a small ratio of crime.
In the early part of the year 1814, the citizens of Bovina and Delhi were thrown into the greatest excitement, by the inhuman murder of two citizens and neighbors. These two men, Hugh Cameron, and Alexander McGilfrey, had been at a logging-bee on a neighbor's premises, and were murdered while passing through a piece of wood on their way home. Suspicion immediately rested upon James Graham, an Irish- man, who had had an angry dispute with the men during the afternoon, and who had left for home a short time previous to their departure, pursuing the same route. He was accord- ingly arrested and confined in Delhi jail, from which he suc- ceeded in making his escape a short time afterwards, in com- pany with another prisoner. After a few days search he-was recaptured and returned to jail, where he was locked in a cell, until some irons could be forged to confine him more securely. While in this situation he bethought himself of fortifying his cell in such a manner as to prevent the ingress of any one, and for this purpose he wedged the bedstead firmly between the door and the partition ; he then broke the hearth of the stove into suitable pieces, and prepared to defend himself to the last minute. A large crowd of persons assembled around the out- side door and in the jail, but none dared to approach the door of the cell, with the exception of one Smith, who made strong
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DELAWARE COUNTY.
pretensions of friendship to the prisoner, and protested his willingness to aid in his escape. After having won his confi- dence, and when about to take his leave of the prisoner, Smith reached out his hand, which was cordially grasped by Graham, not doubting for a moment his sincerity. He was soon unde- ceived, however, for Smith seized his arm with a firm hold, pulling it through the door and calling for help. The prisoner was held in this position until a hole was made in the back part of the cell large enough to admit the body of a man, when the officers crawled into the cell and succeeded in secur- ing and ironing him. The weight of the irons was forty pounds .*
The grand jury found a bill against him on the 16th of June, and the following day he was tried, and pronounced guilty by the jury.
I make the following extract from the records of the county clerk's office :- " June 20 .- The prisoner, James Graham, being arraigned to receive the sentence of the court, was asked if he had any thing to say why judgment should not be pro- nounced according to law. The court therefore ordered and adjudged that the said James Graham be returned to prison from whence he came, and there to remain until the 29th day of July next, then, between the hours of 12 o'clock and 2 o'clock, to be taken from thence and hung by the neck until he be dead, and his body be delivered to Asahel E. Payne and Ambrose Bryan, surgeons, for dissection."
The execution of Graham was to be a public one, and con- sequently great numbers of men, women and children prepared to witness the proceedings. The following information was furnished me by Isaac Burr, Esq., an eye witness.
" The people commenced pouring into Delhi from all points,
; * I obtained the above information of Robert Leal, Esq., sheriff at the time, and who is still living, aged 77 years.
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HISTORY OF
the day preceeding that fixed for the execution, so that before night every house in and around the village was filled, while hundreds could get no lodgings at all. A considerable number passed the night in Meredith and that vicinity. More or less kept arriving during the night, and even up to the hour for execution. Probably such a number of people had never be- fore been collected together in the county. The gallows had been erected at some distance in a north-easterly direction from the jail-the place was well chosen to give spectators a chance to witness the execution .* The hills rose on every side somewhat steep, and in a circular form, presenting an amphitheatre of considerable extent, in the centre of which the gallows wes erected. The people commenced occupying the ground some hours before the time fixed for the execution, and a dense mass of human beings seated themselves on the hill-side, covering several acres of ground. A battalion of militia had been called out to protect the sheriff in the dis- charge of his duty. They paraded near the jail, and when the time arrived for the procession to move, the military marched to the ground, followed by the sheriff, Robert Leal, and the prisoner, arm in arm, together with the clergy, judges, and other officers. The militia formed a hollow square around the gallows, while the sheriff, clergy, and others occupied the plat- form with the condemned man, who walked with a firm step. Prayer was offered, when Graham addressed a few words to the people, declaring that 'he never murdered or stole.' The rope was then adjusted and all things made ready, when leave was taken of the prisoner, and the sheriff and clergy descended from the platform ; the sheriff mounted his horse and took his station, telling Graham from time to time, the number of minutes he had to live-and at last that he could live no
* See map of Delaware County for the exact location, in the plan of Delhi village.
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DELAWARE COUNTY.
longer. He drew his sword and with it struck a latch : the next moment the unhappy man was suspended breathless in the air-he made but a slight struggle, and all was over.
" The people immediately commenced leaving the ground, and before night most of the vast multitude were many miles away from the place. The weather was warm, and there were one or more showers during the day, making it very muddy, which somewhat soiled the white dresses of the ladies, although I believe no serious accident took place. To finish the sentence, his body was given to the medical society for dissection, and doubtless his bones are still preserved."
The iron-wood handspike with which the two men Cameron and McGilfrey were knocked down, and which was found and produced at the trial, is still preserved in the Albany Museum.
The other prisoner who escaped from the jail with Graham, was named Kinney, and was a resident of the town of Sidney. He was charged with having passed counterfeit money. Expect- ing that search would be made, he determined, if possible, to deceive his pursuers ; for this purpose, he cut his shoes so as to tie them on heel foremost, to give the impression of his having travelled in an opposite direction. He was, however, followed to Sidney and re-arrested-was afterwards tried and sentenced to the state prison for two years.
Only one other execution has ever taken place in the county, that of Nathan Foster, for poisoning his wife, in 1819. Mar- tin Van Buren, Esq., the Attorney General, assisted the Dis- trict Attorney, on the part of the people, and Erastus Root and Samuel Sharwood, were the prisoner's counsel. Judge Martin Keeler, of Kortright, was then sheriff.
Foster was a tory during the Revolution, and is reported to have been the identical person who inhumanly murdered Col. Alden, at the massacre of Cherry Valley, in 1777. Priest, in his narrative of the capture of David Ogden, who died a short time since in Franklin, Delaware County, thus refers : " This
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