USA > New York > Saratoga County > History of Saratoga County, New York : with historical notes on its various towns > Part 17
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II .- JOE BETTYS, THE SARATOGA COUNTY SPY.
In May, 1781, the notorious Joe Bettys, with the aid of about thirty refugees under his command, made a raid into the Ballston district and captured Consider Chord, Uri Tracy, Samuel Nash and Samuel Patchin. They were all taken to Canada, excepting Nash, who excaped near Lake Desolation. At the same time Epenetus White, Captain Ramsey, two brothers named Banta, and some others on the east side of Long Lake, were taken by a Tory officer, named Walter- meyer, and marched off to Canada. When Gordon was removed to the Isle of Or- leans, he there found White, Higby, Enoch Wood, the two Bantas and other Ballston prisoners. They contrived to escape from the island by means of a fisherman's boat, and landing on the right bank of the river, they made their way into the wilderness. Their provisions soon gave out, and for several days they subsisted upon nothing but berries and a species of mussel found in the streams. Arriving at the headwaters of the St. John, they, with their hatchets, constructed a rude craft, upon which they floated down the river for a considerable distance, and then struck across to Passamaquoddy bay. This was in 1783, and there they learned for the first time that hostilities had ceased. They proceeded to Halifax, and were brought from thence to Boston by a cartel.
Nero, one of Monro's prisoners, after his capture, had attempted to escape. A few rods south of the north line of the " Five mile square," where James Alison now lives, he suddenly broke from the ranks and sprang headlong down a ravine. His head coming in contact with a sappling, he was retaken.
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OF SARATOGA COUNTY.
At Montreal he was sold to Captain Laws, a British officer. The other slaves captured by Monro were also sold. In a short time Nero and Captain Benedict's "boy" Dublin con- trived to escape. They came by the west shore of Lake Champlain to Ticonderoga, and there swam across the lake and found their way to Richmond, Massachusetts. There they remained till the close of the war, when they returned to Ballston and voluntarily sur- rendered themselves respectively to their former owners.
Joe Bettys, to whom allusion has been made, was the son of respectable parents, re- siding in the Ballston district. His father, Joseph Bettys, during and subsequent to the war, kept a tavern below what is known as the Delevan farm, upon the farm now occu- pied by Mr. Lewis Trites. The old man's gravestone may be seen in the cemetery at Burnt Hills. The career of Joseph Bettys, jr., is an important item in the early history of Ballston. His name was a terror to its in- habitants. The following account of Bettys is mostly compiled from Simms' "Border," and a statement of Col. John Ball.
Colonel Ball, a son of Rev. Eliphalet Ball, as early as 1776 held a commission in a regi- ment of New York forces, commissioned by Colonel Wincoop. Being acquainted with Bettys, and knowing him to be bold, athletic, and intelligent in an uncommon degree, he succeeded in enlisting him as a sergeant. Bettys was soon reduced to the ranks by rea- son of some insolence to an officer, who as he alleged had wantonly abused him. To save him to the cause, Ball procured him a ser- geantcy in the fleet commanded by General Arnold on Lake Champlain in 1776. Bettys was in the desperate fight between the British and American fleets on the lakes, and being a skillful seaman, was of signal service during the contest. He fought until every commis- sioned officer on board his vessel was killed or wounded, and then himself assumed com- mand, and continued to fight with such reck-
less courage that General Waterbury, who was second in command under Arnold, perceiving that the vessel was likely to sink, was obliged to order Bettys and the remnant of the crew on board his own vessel.
He stationed him on the quarter deck by his side and gave orders through him, until the vessel having become disabled, and the crew nearly all killed, General Waterbury wounded, and only two officers left, the colors were struck, and the remnant made prisoners. They were soon discharged on parole. Gen- eral Waterbury afterwards informed the Rev. Mr. Ball that he never saw a man behave with such deliberate desperation as did Bettys on that occasion, and that the shrewdness of his management was equal to his courage.
For some reason his gallant services were not recognized to his satisfaction, and this neglect his proud spirit and ungovernable temper could not brook. He afterward went to Canada, joined the loyalists, and receiving an ensign's commission in the British army, became a spy and proved himself a most dan- gerous and subtle enemy. He was at length captured and sentenced to be hung at West Point, but the entreaties of his aged parents, and the earnest solicitations of influential whigs, induced General Washington to par- don him. But it was ill directed clemency. He was more vindictive than ever, and the whigs in this part of the State and especially at Ballston, soon had occasion to regret the lenity they had unfortunately caused to be ex- tended to him. He recruited soldiers for the King in our midst, planned and guided many of the raids from the north, and was at the same time in the employment of the King's officers as a most faithful and successful mes- senger and cunning and intelligent spy. There had been many attempts to apprehend him, but he eluded them all.
In the early spring of 1782, in the present town of Clifton Park, about a mile west of Jonesville, one Jacob Fulmer was engaged in making maple sugar in the woods, and after
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remaining there as usual over night, was re- lieved in the morning by his daughter while he went to his breakfast. The morning was very foggy, and she, without being observed, saw a man upon snow shoes, bearing a pack and a gun, pass near by and proceed towards the house of a widow named Hawkins. This house was upon the farm now belonging to L. W. Crosby. The girl immediately informed her father, who at once suspected the stranger might be Bettys. Calling upon two of his neighbors, Perkins and Carey, and all being well armed, they stealthily approached the house and suddenly burst open the door. They discovered Bettys, with his back toward them, eating his breakfast, with his rifle by his side. He seized it, but not having taken precaution to undo the deer skin cover that protected the lock, was unable to discharge it. They seized him and tied him securely. He asked leave to smoke and was partially un- bound to afford him the opportunity. He went to the fire place to light his pipe and took something out of his tobacco box and threw it into the fire. Carey noticed this and immediately snatched it out with a handful of coals. It was a small leaden box about the eighth of an inch in thickness, and contained a paper in cipher, which afterward proved to be a dispatch to the British commander in New York, and also contained an order on the mayor of New York for thirty pounds sterling, in case the dispatch should be safely delivered. Bettys begged for leave to burn the papers, and offered one hundred guineas for the privi- lege, but his captors refused. He then des- paringly said, " I am a dead man." He was taken to Albany, tried by a court martial, and convicted and hung as a spy, to the great relief of the whigs in this section of the State.
CHAPTER XXII.
ORGANIZATION OF SARATOGA COUN- TY-ORIGINAL COURTS-THE COUNTY BUILDINGS-FIRST BOARD OF SUPER- VISORS - CIVIL LIST.
I .- COUNTY ORGANIZATION.
It appears in a previous chapter that at the time of the setting off of the counties of Tryon and Charlotte from Albany county by an act of the Colonial legislature passed on the 24th day of March, 1772, that by the same act the part still remaining in Albany county which now constitutes the county of Saratoga was divided into two Districts-that of HALF MOON and SARATOGA.
The district of Half Moon included the present towns of Waterford, Half Moon, and Clifton Park.
The district of Saratoga included all the re- maining north part of the county, which is now divided into seventeen towns.
On the Ist day of April, 1775, the district of Saratoga was divided and the "district of BALLS-TOWN" set off, which included the pres- ent towns of Ballston, Milton, Charlton, Gal- way, Providence, Edinburg, and part of Greenfield.
Thus that part of Albany county which now constitutes the county of Saratoga remained divided into those three districts until after the war of the Revolution was over.
On the 7th of March, 1788, the three dis- tricts of Half Moon, Saratoga and Balls-town changed into towns, and by the same act the town of Saratoga was again divided by setting off the town of Stillwater, which contained the present towns of Stillwater and Malta, and Easton in Washington county.
When Saratoga county was organized these four towns, Half Moon, Saratoga, Ballston and Stillwater, were the original towns of the county out of which the other sixteen towns were carved.
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OF SARATOGA COUNTY.
In the year 1791, on the 17th day of Feb- ruary, an act was passed by the legislature of the State of New York, entitled " AN Acr for apportioning the representation in the legisla- ture according to the rules prescribed in the Constitution, and for other purposes." By Section I of that act the towns of Easton and Cambridge were annexed to Washington county, the county of Rensselaer created, and it was further provided :
"That all that part of the county of Albany which is bounded easterly by the Hudson River and counties of Washington and Rensselaer, southerly by the most northeriy sprout of said river and the town of Schenec- tady, westerly by the county of Montgomery, and north- erly by the county of Washington, shall be one separate county and be called and known by the name of SARA- TOGA."
By other sections of the same statute pro- vision was made for holding the several courts of the State therein and local courts were pro- vided for, as well as representation in both houses of the legislature, and it was directed that all prisoners should be kept in the Albany county jail until a new jail should be built in the county of Saratoga.
II .- THE COURTS OF THE STATE AT THE TIME OF THE ORGANIZATION OF THE COUNTY WERE :
I. The Court of Errors, consisting of the lieutenant-governor, the senators, the chan- cellor, and the judges of the Supreme court. This court had sole power to try impeach- ments and a general appellate jurisdiction over the courts below.
2. The Court of Chancery. This court had exclusive jurisdiction in equity causes.
3. The Supreme Court of Judicature. This court consisted of a chief justice and three puisne judges. It sat only in banc, and heard appeals from the courts below.
4. The Circuit Court. This was held in each county in the State at least once in every year, by one of the judges of the Supreme court. It had jurisdiction over all issues of law.
5. A Court of Common Pleas in each county. These courts consisted of a first judge and at
least three judges. It had jurisdiction over all actions at law arising in the county.
6. The Court of Oyer and Terminer. This was a criminal branch of the circuit court, presided over by a circuit judge, and at least three commissioned justices of the peace, of whom one might be a county judge.
7. The Court of General Sessions. This was a criminal court, held by any three justices of the peace of the county, of which a judge of common pleas must always be a member.
Upon the erection of the county in 1791, Governor Clinton appointed John Thompson of Stillwater, first judge; James Gordon and Beriah Palmer of Ballston, Jacobus Van Schoonhoven of Half Moon, and Sidney Berry of Saratoga as judges. Sidney Berry was ap- pointed surrogate, Jacob Fort, jr., of Half Moon, sheriff, and Dirck Swart of Stillwater, county clerk.
At the time of the organization of the couny, it was divided into four towns only-Sara- toga, Stillwater, Half Moon and Ballston.
The first session of the court of common pleas met at the residence of Samuel Clark, in what is now the town of Malta, then Still- water, on the 10th day of May, 1791. It was held by Judge Thompson and the four judges above named, with John Varnam, Eliphalet Kellogg and Epenutus White associate jus- tices of sessions.
The first session of the court of general sessions was held at the same time and place as the common pleas, and was presided over by James Gordon, judge. Sitting as associ- ates were: John Varnum, Epenutus White, Eliphalet Kellogg, Richard Davis, jr., Douw J. Fonda, Elias Palmer, Nathaniel Douglas, John Ball and John Bradstreet, justices of the peace. The following named were the grand jurors sworn in at this term : Richard Davis, jr., Joshua Taylor, John Donald, Henry Davis, Hezekiah Ketchum, Seth C. Baldwin, Ezra Hallibort, John Wood, Samuel Wood, Edy Baker, Elisha Andrews, Gideon Moore, Abra- ham Livingston, and John Bleeker.
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The first term of the circuit court and court of oyer and terminer was held on Tuesday, the 7th day of July, 1791, at the house of Jed- ediah Rogers, in what is now Clifton Park, then Half Moon, Chief-justice Robert Yates presiding. The next term was held in the church at Stillwater, on the 4th day of June, 1792, and the third term in the Presbyterian church at Ballston, on the 9th day of July, 1793.
III. -- DETERMINING THE COUNTY SEAT.
For the first three or four years after the or- ganization of the county and the appointment of its judges and court officers, the courts were held .at different places by appointment, but it was necessary to fix upon some town as the shiretown. Therefore, on the 26th day of March, 1794, an act was passed by the legis- lature appointing John Bradstreet Schuyler, Richard Davis, jr., James Emmott, John Ball, and John McClelland commissioners for locat- ing the county seat and building the court house and jail.
In those early days there were but three or four white families living at what is now Sara- toga Springs, and scarcely more at what is now Ballston Spa. Both places were off the main road, and then gave no sign of their present importance. Neither place was then thought of for the county seat. The chief contest for the honor lay between Ballston Centre and Milton, both centrally located and then thriving villages.
After considerable controversy, Edward A. Watrous of Ballston offered to give the county a site on his farm for a court house and jail, so long as the same should be used for such purposes.
The offer was accepted by the commission, and Ballston was declared to be the shire town.
IV. - BUILDING THE COURT HOUSE.
A contract was made with Luther Leet to build the court house.
It was built of wood, two stories in height, and fifty feet square, with a one-story wing in
the rear, twenty by thirty feet. It cost the sum of $6,750. The first court held therein was the May term of the common pleas and court of general sessions for 1796. The first circuit court and court of oyer and terminer, held in the court house in Ballston hill, was presided over by Judge John Lansing, in 1799. Courts were afterward held there by Judges Kent, Radcliff, Morgan Lewis, Smith Thomp- son, Ambrose Spencer, William W. Van Ness, and Jonas Platt, who held the last term there in May, 1815.
A little thriving village had grown up around the court house on Ballston hill and it had grown into quite a business centre ; but on the 25th day of May, 1816, the court house took fire, and was burned to the ground.
Since the old court house had been built, the villages of Saratoga Springs and Ballston Spa had grown into important watering places, and no sooner was it burned than a sharp rivalry sprang up between the two places for the county seat.
BUILDING THE SECOND COURT HOUSE.
On the 14th of March, 1817, an act was passed by the legislature, appointing Elisha Powel and James Merrill of Milton, Isaac Geer of Galway, John Gibson of Ballston, and Gilbert Waring of Saratoga, commissioners to re-locate the county seat and build a court house and jail at an expense of $10,000.
Court house hill, the site of the old court house, Saratoga Springs, Dunningstreet, Wat- erford, and Ballston Spa were each warm competitors for the honor. But Ballston Spa had the majority in the commission. That village, situate in the town of Milton, was se- lected for the site of the county buildings, and the town of Milton made the shire town of the county, which it has ever since remained.
The new court house, which was the second structure without the wing, was built nearly after the model of the old one. Its dimen- sions were sixty-six by fifty feet, the wing having been added some years later. It was
COURT HOUSE, BALLSTON SPA, SARATOGA COUNTY, NEW YORK.
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OF SARATOGA COUNTY.
completed in time for the spring circuit of 1819, and the courts of the county have been regularly held in it until the building of the present one.
NEW COURT HOUSE.
On the 23d day of December, 1888, the board of supervisors adopted a resolution appointing H. A. McRae, Abijah Comstock, Robert O. Davis, George C. Valentine and A. W. Shepherd a committee to repair the old court house. The committee reported at a special meeting called February 8, 1889, that it would cost as much to repair the old as to build a new one. Thereupon a new one was ordered and its building referred to the same committee. The new one was completed at a cost of $35,000, and accepted April 21, 1890.
FIRST BOARD OF SUPERVISORS.
The first board of supervisors of Saratoga county consisted of only four members, as there were only four towns in the county, viz .: Sar- atoga, Ballston, Half Moon, and Stillwater. It met in Stillwater on the 2d day of June, 1791, the following being the members of the board : Beriah Palmer, Elias Palmer, John B. Schuyler, Benjamin Rosekrans.
THE POOR HOUSE.
The poor house farm of one hundred and twelve acres is located near Ballston Spa, and was purchased seventy years ago. About twenty years ago new and commodious build- ings were erected.
VI .- A LIST OF THE PRINCIPAL CIVIL OFFICERS OF SARATOGA COUNTY.
I .- Presidential Electors residing in the County.
1792 .- Samuel Clark, Stillwater ; voted for Washington.
1800 .- Robert Ellis, Saratoga; voted for Jefferson.
1804 .- Adam Comstock, Hadley, by John Cramer, alternate; voted for Jefferson.
1812 .- George Palmer, jr., Stillwater; voted for DeWit Clinton.
1816 .- Samuel Lewis, Northumberland ; voted for Monroe.
1820 .- Howell Gardner, Greenfield ; voted for Monroe.
1824 .- Nathan Thompson, Galway: voted for Clay.
1828 .- Salmon Child, Greenfield ; voted for J. Q. Adams.
1836 .- Harmon Gansevoort, Northumber- land ; voted for Van Buren.
1840 .- Earl Stimpson, Galway; voted for Harrison.
1848 .- Samuel Freeman, Saratoga Springs; voted for Taylor.
1856 .- John C. Hulbert, Saratoga Springs; voted for Fremont.
II .- Representatives in Congress.
1791-95 .- James Gordon, Ballston.
1799-1801 .- John Thompson, Stillwater.
1803-5 .- Beriah Palmer, Ballston. 1807-II .- John Thompson, Stillwater.
1813-33 .- John W. Taylor, Ballston, was chosen speaker to fill out Henry Clay's term, and also for a full term in 1821. Nineteenth Congress.
1833-37 .- John Cramer, Waterford.
1839-40 .-- Anson Brown, Milton.
1840-41 .- Nicholas B. Doe, Waterford.
1843-45 .- Cheselden Ellis, Waterford.
1845-51 .- Hugh White, Waterford.
1851-63 .- J. B. McKean, Saratoga Springs.
1863-69 .- Jas. M. Marvin, Saratoga Springs. 1871-75 .- Henry H. Hathorn, Saratoga Springs.
1880-88 .- George West, Ballston Spa.
III .- State Officers residing in Saratoga County.
1828-47 .- Rueben H. Walworth, chancellor. 1836-44 .- Esek Cowen, justice supreme court.
1847-53 .- John Willard, justice supreme court.
1855-88 .- Augustus Bockes, justice su- preme court.
81/2
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1842-45 .- Samuel Young, secretary of State. 1854-56 .- James M. Cook, comptroller. 1852 .- James M. Cook, treasurer.
1816-42 .- Samuel Young, canal commis- sioner.
1870-72 .- George W. Chapman, canal com- missioner.
1856-62 .- James M. Cook, superintendent of banking department.
1842-45 .- Samuel Young, ex-officio super- intendent of common schools.
1874 .-- Superintendent of public instruction. IV .- State Senators residing in Saratoga County. 1794-1805 .- Jacobus Van Schoonhoven, Half Moon.
1796-1804 .- James Gordon, Ballston. 1806-9 .- Adam Comstock, Hadley. 1810-13 .- John Stearns, Half Moon. 1814-17 .- Samuel Stewart, Half Moon. 1815 .- Guert Van Schoonhoven, Half Moon. 1818-21 .- Samuel Young, Ballston. 1822 .- John L. Viele, Waterford.
1823-25 .- John Cramer, Waterford. 1826-29 .- John L. Viele, Waterford. 1839-33 .- Isaac Gere, Galway. 1835-40 .- Samuel Young, Ballston. 1841-42 .- John W. Taylor, Ballston. 1846-47 .- Samuel Young, Ballston. 1848-51 .- James M. Cook, Milton. 1858-59 .- George G. Scott, Milton. 1860-61 .- Isaiah Blood, Milton. 1862 .- John Willard, Saratoga Springs. 1864-55 .- James M. Cook, Saratoga Springs. 1870 .- Isaiah Blood, Milton. 1884 .- Alexander B. Baucus.
1888 .- John Foley, Saratoga Springs.
1890 .- Harvey J. Donaldson.
V .- First Judges of the Common Pleas, and County Judges.
FIRST JUDGES COMMON PLEAS.
1791 .- John Thompson, Stillwater. 1809 .- Salmon Childs, Greenfield. 1818 .- James Thompson, Milton. 1833 .- Samuel Young, Ballston. 1838-47 .- Thomas J. Marvin.
COUNTY JUDGES.
1847 .- Augustus Bockes, Saratoga Springs. 1854 .- John A. Corey, Saratoga Springs. 1855 .- James B. McKean, Saratoga Springs. 1859 .- John W. Crane, Saratoga Springs. 1863 .- John C. Hulbert, Saratoga Springs. 1870 .- Charles S. Lester, Saratoga Springs. 1876 .- John W. Crane, Saratoga Springs. 1882 .- Jesse S. L'Amoraux, Ballston Spa. 1889 .- Jas. W. Houghton, Saratoga Springs.
VI .- Surrrogates.
1791 .- Sidney Berry, Saratoga.
1794 .- Henry Walton, Ballston.
1808 .- Beriah Palmer, Ballston. 1812 .- Thomas Palmer, Ballston.
.
1816 .- George Palmer, Stillwater.
1834 .- John W. Thompson, Milton.
1847 .- John C. Hulbert, Saratoga Springs.
1856 .- Cornelius A. Waldron, Waterford.
1877-93 .- Ellis H. Peters, Saratoga Springs.
VII .- County Clerks.
1791 .- Dirck Swart, Stillwater.
1804 .- Seth C. Baldwin, Ballston.
1813 .- Levi H. Palmer, Milton.
1815 .- William Stillwell, Ballston. 1818 .- Thomas Palmer, Milton.
1833 .- Alpheus Goodrich, Milton.
1840 .- Archibald Smith, Charlton.
1843 .- Horace Goodrich, Milton.
1846 .- James W. Horton, Milton. Seth W. Whalen.
James L. Scott, Ballston Spa. Edward F. Grose, Ballston Spa.
VIII .- District Attorneys.
1818 .- Richard M. Livingston, Saratoga.
1821 .- William L. F. Warren, Saratoga Springs.
1836 .-- Nicholas Hill, jr., Saratoga Springs. 1837 .- Cheselden Ellis, Waterford.
1843 .- William A. Beach, Saratoga Springs. 1847 .- John Lawrence, Waterford. 1851 .- William T. Odell, Milton. 1857 .- John O. Mott, Half Moon.
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1860 .- Charles S. Lester, Saratoga Springs. 1863 .- Isaac C. Ormsby, Waterford. 1869 .- Winsor B. French, Saratoga Springs. 1872 .- Isaac C. Ormsby, Waterford.
1881 .- John Van Rensselaer. 1884 .- John Foley. 1887 .- Theodore F. Hamilton.
1893 .- John Person.
IX .- Sheriffs.
1791 .- Jacob Fort, jr., Half Moon. 1794 .- Doun T. Fonda, Stillwater.
1799 .- Henry Davis, Half Moon. 1801 .- Seth C. Baldwin, Ballston. 1804 .- Daniel Bull, Saratoga. 1807 .- Asahel Porter, Greenfield. 1808 .- Daniel Bull, Saratoga. 1810 .- Asahel Porter, Greenfield. 18II .- Nathaniel Ketcham, Stillwell. 1813 .- Hezekiah Ketcham, Half Moon.
1815 .- James Brisbin, jr., Saratoga. 1819 .- John Dunning, Malta. 1821 .- John R. Mott, Saratoga. 1823 .- John R. Dunning, Milton. 1826 .- Lyman B. Langworthy, Milton. 1829 .- John Dunning, Milton. 1832 .- John Vernam, Waterford. 1835 .- Joseph Jennings, Milton. 1838 .- Samuel Freeman, Ballston.
1841 .- Robert Speir, Milton. 1844 .- Isaac Frink, Milton. 1847 .- Thomas Low, Charlton. 1850 .- Theodore W. Sanders, Corinth. 1852. - William T. Seymour, Waterford. 1853 .- Henry H. Hathorn, Saratoga Springs.
1856 .- Philip H. McOmber, Milton. 1859 .- George P. Powell, Milton. 1862 .- Henry H. Hathorn, Saratoga Springs.
1865 .- Joseph Baucus, Northumberland. 1868 .- Tabor B. Reynolds, Milton. 1871 .- Thomas Noxon, Half Moon. 1874 .- Franklin Carpenter, Corinth. 1876 .- Doun F. Winne, Saratoga. 1879 .- Henry C. Vanderburgh, Waterford.
1883 .- N. M. Houghton. 1886 .- Alexander Baucus. 1889 .- Daniel Deyoe. 1892 .- William W. Worden.
X .- County Treasurers.
1791 .- Guert Van Schoonhoven, Half Moon. 1792. - Samuel Clark, Stillwater.
1794 .- Caleb Benedict, Ballston. 1796 .- Elisha Powell, Milton.
1798 .- Robert Leonard, Ballston.
1800 .- Jonathan Kellogg, Ballston.
1805 .- Edward Watrous, Milton. 1810 .- Archy Kasson, Milton. 1815 .- Azariah W. Odell, Milton. 1822 .- Edward Watrous, Milton.
1831 .- George Thompson, Milton. 1844 .- Arnold Harris, Ballston. 1847 .-- Edward W. Lee, Milton. 1849 .-- Arnold Harris, Ballston. 1855 .- Orville D. Vaughn, Milton. 1861 .-- Henry A. Mann, Milton. 1876 .-- James H. Wright, Saratoga Springs. 1879-93 .- Stephen C. Medbury, Ballston Spa.
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