History of Schoharie county, and border wars of New York, Part 6

Author: Simms, Jeptha Root, 1807-1883
Publication date: 1845
Publisher: Albany : Munsell & Tanne, Printers
Number of Pages: 700


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brought to the bar. The trial proceeded, and the testimony of the Indians, to whom Mary had first communicated her suspicions of the murder, was heard. No unsettled difficulty was shown to have existed between the murdered and the accused : indeed, lit- tle appeared at the trial to criminate the blacks, more than is al- ready known to the reader. When the facts, that the throat of Truax had been cut, that a bloody knife was found on the person of Mary, and that Morter had sullenly refused to answer questions during his arrest and confinement, were known to the court, cir- cumstantial evidence was deemed sufficiently strong and lucid to fix guilt upon them : and as the murder had been an aggravated one, the prisoners were sentenced, as tradition says, to be burned alive. When interrogated by the Judge, before passing his sen- tence, whether they had aught to say why sentence of death should not pass upon them, Mary boldly and firmly declared her innocence, and her ignorance of the real murderer : stating, in a feeling manner, all she knew of the affair ; how the knife had been heedlessly put into her pocket after cleansing the pigeons, and forgotten ; how much she respected the deceased, and how much she lamented his untimely death ; and ended by an appeal to the great Judge of the universe of her innocence of the crime, for which she stood accused. Morter, on being interrogated, re- mained sullenly silent ; and after receiving the sentence, both were remanded to prison. On the day of their execution, which had not been long delayed, the condemned were taken west of the city a little distance, where had been previously prepared, a circular pile of pine faggots of a conical form. In the centre of the pile the victims were placed, and the fatal torch applied. Mary, still protesting her innocence, called on the Lord, whom she trusted would save her ; and prayed that he would, in the heavens, show to the spectators some token of her innocence. But alas! the day of miracles had passed ; and as the flame surrounded her, she gave herself up to despair. She expired, endeavoring to convince the multitude of her innocence. Her companion met his fate, with the same stoic indifference he had manifested from the hour of his arrest.


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After the execution of this unhappy couple, one of whom, as will be seen hereafter, expired innocent of the crime for which she suffered, the affair died away, and nothing further was dis- closed for several years. Facts then came to light revealing the whole transaction. At the time the murder was committed, a man by the naine of Moore resided at Weiser's dorf. The Ger- mans at that settlement, which was distant from the dwelling of Vrooman about two miles, it was supposed, envied Vrooman the possession of the fine tract of land he had secured ; and by com- pelling him to abandon, hoped to possess it. It is not probable, however, that any one of them, except Moore, thought of getting it by the crime of murder. He conceived such a plan, and con- spired with Morter to carry it into execution. Moore thought if Truax was murdered, Vrooman would be afraid to return for fear of sharing a like fate, and would then dispose of the land on reasonable terms ; when he might secure to himself a choice par- cel. Morter was promised, as a reward for participating in the crime, the hand of Moore's sister in marriage. It is not likely the girl herself, had the most distant idea of the happiness her brother had in store for her. Amalgamation to Morter appeared in enticing garments. To pillow his head on a white bosom, and bask in amalgamated pleasure, would, he thought, amply com- pensate for becoming the tool of Moore. He therefore resolved to aid him, and it was agreed the deed should be executed in such a manner as to throw suspicion on Mary his wife: who, he in- tended, should prove no obstacle in the way of realizing his sen- sual desires. The circumstance of his wife's having pigeons to dress, seemed to favor the design. Perhaps he had seen her put the bloody knife into her pocket : at all events, the present seemed to them a favorable opportunity, and they resolved to accomplish the foul deed that night. Accordingly, at midnight, the murder- ers approached the house in which slumbered their innocent vic- tim. Finding his door locked, they found it necessary to devise some plan to gain admission to his room without breaking the lock, and, if possible, without alarming Mary, a victim they in- tended the law should claim. By some means they gained the


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HISTORY OF SCHOHARIE COUNTY,


top of the chimney, which was not very difficult, as the dwelling was but one story, and sliding carefully down that, they soon found themselves in the presence of their still slumbering victim. Which of the two drew the fatal knife is unknown ; it is supposed one held him, while the other, at a single stroke, severed the jugu- lar vein. The nefarious deed accomplished, the assassins left the room, and away they sped from the dwelling, fearful alike of their own shadows.


The light of the morrow's sun disclosed this damnable deed. When the commotion and anxiety of the next day followed dis- covery, Moore feigned business from home, and kept out of the way until after the arrest of his hardened accomplice. Not long after this murder was committed, a disturbance arose among the Germans, through ignorance, as will be seen, and many of them left the Schoharie valley and sought a residence elsewhere. Moore was among those who went to Pennsylvania. He lived a life of fear for some years in that state, but at length a sum- mons from on high laid him upon a bed of languishing. As dis- ease preyed upon his vitals, the worm of torment gnawed his con- science. Sometimes in his broken slumbers, he was visited (in fancy,) by the ghost of a man struggling upon a bed; and as he heard the rattle of his throat as the breath left his body, he saw the fearful gash and the flowing blood. At other times he saw two persons, whom the crackling flames were devouring ; and, as the appeal to heaven for a token of the innocence of one of them rang in his ears, he often awoke with exclamations of horror. Being past the hope of recovery, and so grievously tormented, in order to relieve in some measure his guilty conscience, he dis- closed the facts above related. Truax was the first white man murdered in Schoharie county ; and may be said to have fallen a victim to the unholy cause of amalgamation.


The Germans had not been long in possession of the Schoharie flats, and were just beginning to live comfortably, when Nicholas Bayard, an agent from the British crown, appeared in their midst. He put up in Smith's dorf, at the house of Han-Yerry (John George) Smith, already noted as being the best domicil in the


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settlement. From this house, (which was in fact the first hotel in Schoharie, and might have been called the half-way house, as Smith's was the central of the seven dorfs,) Bayard issued a no- tice, that to every house-holder, who would make known to him the boundaries of the land he had taken ; he would give a deed in the name of his sovereign. The Germans, ignorant though honest, mistook altogether the object. of the generous offer, and supposing it designed to bring them again under tyrannic land- holders, and within the pale of royal oppression, resolved at once to kill Bayard, whom they looked upon as a foe to their future peace; and by so doing, establish more firmly the independence they had for several years enjoyed. Consequently, early the next morning, the nature of the resolve having been made known the evening before, the honest burghers of Schoharie, armed with guns and pitch-forks; with many of the softer sex, in whom dwelt the love of liberty, armed with broad hoes, clubs and other missiles ; surrounded the hotel of Smith, and demanded the per- son of Bayard, dead or alive. Mine host, who knew at that ear- ly day that a well managed hotel was the traveler's home, posi- tively refused to surrender to his enraged countrymen, his guest. The house was besieged throughout the day. Sixty balls were fired by the assailants through the roof, which was the most vul- nerable part, as that was straw : and as Bayard had, previous to his arrival, been by accident despoiled of an eye, he ran no little risk of returning to the bosom of his family, if fortunate enough to return, totally blind. Bayard was armed with pistols, and oc- casionally returned the fire of his assailants, more, no doubt, with the design of frightening, than of killing them. Having spent the last round of their ammunition, hunger beginning to gnaw, and the sable shades of evening to conceal the surrounding hills, the siege was raised, and the heroes of the bloodless day dispersed to their homes, to eat their fill and dream on their personal ex- ploits-the invulnerability of their foe, and the mutability of princely promises. The coast again clear, Bayard left Schoharie, and under the cover of night, traveled to Schenectada. From there he sent a message to Schoharie, offering to give, to such as


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HISTORY OF SCHOHARIE COUNTY,


should appear there with a single ear of corn-acknowledge him the regal agent-and name the bounds of it, a free deed and last- ing title to their lands. No one felt inclined to call on the agent, whose life they had attempted to take, and after waiting some time, he went to Albany and disposed of the lands they occupied, to five individuals. The patent was granted to Myndert Schuyler, Peter Van Brugh, Robert Livingston, jr., John Schuyler and Hen- ry Wileman, the purchasers, and was executed at Fort George, in New York, on the third day of November, 1714, in the first year of the reign of George I., by Robert Hunter, then Governor of the province, in behalf of the King. The date of this con- veyance, I think, goes far to prove the settlement of Schoharie to have been as early as the time previously given ; as the settlers had been upon their lands several years, and were beginning to live comfortably, previous to the arrival of the royal agent.


This patent began at the northern limits of the Vrooman pa- tent, on the west side of the river, and the little Schoharie kill on the opposite side, and ran from thence north ; taking in a strip on both sides of the river : at times mounting the hills, and at others leaving a piece of flats, until it nearly reached the present Montgomery county line. It curved some, and the intention was, to embrace all the flats in that distance. Patent was taken for ten thousand acres. Lewis Morris, jr., and Andrus Coeman, who were employed by the purchasers to survey and divide the land ; finding the flats along Fox's creek, and a large piece at Kneis- kern's dorf, near the mouth of Cobel's kill, were not included in that patent ; lost no time in securing them. Those several pa- tents often ran into each other, and in some instances were so far apart, as to leave a gore between them. The patent taken to se- cure the remainder of the flats at Kneiskern's dorf, began at a spring on the west side of the river, near the bridge which now crosses that stream above Schoharie Court House, and also ran to, or near the Montgomery county line. Between that and the first patent secured, which were intended to embrace all the flats, was left a very valuable gore, which Augustus Van Cortlandt after- wards secured. Finding much difficulty in dividing their land


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they so often intersected, the first five purchasers and their sur- veyors, Morris and Coeman, whose right in the Schoharie soil was proportionably valuable, agreed to make joint stock of the three patents. Since that time they have been distinguished as the lands of the seven partners Patents and deeds granted at subsequent dates, for lands adjoining those of the seven partners, were, in some instances, bounded in such a manner as to infringe on those of the latter, or leave gores between them. As may be supposed, evils were thus originated, which proved a source of bickering and litigation for many years. Suits for partition, were brought successively in Schoharie county in 1819-25-26-28 and 29: at which time they were finally adjusted. The latest difficulties are said to have existed between the people of Duanes- burg and Schoharie.


After the seven partners secured their title to the Schoharie flats, they called on the Germans who dwelt upon them, either to take leases of, to purchase, or to quit them altogether. To neither of these terms would they accede, declaring that Queen Anne had given them the lands, and they desired no better title. The read- er will bear in mind the fact, that those people had no lawyers among them, except by name, on their arrival-that they lived in a measure isolated from those who could instruct them-that they spoke a language different from that in which the laws of the country were written, which laws they were strangers to ; and that they placed implicit confidence in the promises of the good Queen, that they should have the lands free ; and he will be less surprised at their stubbornness. Their faith in the promises of the Queen, had not been misplaced, as the intention of the crown to give them free titles by Bayard clearly proves. The great diffi- culty proceeded from their ignorance of the utility, and manner of granting deeds. The patent taken by the five partners was dated in November, 1714; and it was not until the first of August of that year, that Queen Anne died. It is therefore very probable, Bayard was an agent commissioned by her ; if not, by George I., who intended in good faith to carry into effect the design of his predecessor. Whether royal agents were sent to the other Ger-


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man settlements in the United States for the same charitable pur- pose or not, I am unable to say.


At this period of the history, several incidents transpired wor- thy of notice. I have already remarked that the Germans were fond of athletic exercises. After their location, such sports as were calculated to try their speed and strength, were not unfre- quently indulged in.


In the summer of 1713 or '14, a stump was given by the In- dians to their German neighbors at Weiser's dorf, to run a foot race, offering to stake on the issue, a lot of dressed deer-skins against some article the Germans possessed ; possibly, their old mare. The challenge was accepted, and a son of Conrad Weiser was selected, to run against a little dark Indian, called the most agile on foot of all the tribe. On a beautiful day the par- ties assembled at Weiser's dorf to witness the race. The race- course was above the village, and on either side the Germans and Indians took stations to encourage their favorites. About indi- vidual bets on the occasion, I have nothing to say. The couple started, a distance of half a mile or more from the goal, at a giv- en signal, and onward they dashed with the fleetness of antelopes, amid the shouts and huzzas of the spectators. The race was to terminate just beyond the most southern dwelling of Weiser's dorf. They ran with nearly equal speed until their arrival at the dwell- ing mentioned, sometimes fortune inclining to the white, and sometimes to the red skin ; when an unexpected event decided the contest in favor of the German. They had to run very close to the house, and Weiser, being on the outside as they approached it side by side, sprang with all his might against his competitor. The sudden impetus forced the Indian against the building, and he rebounded and fell half dead upon the ground. Weiser then easily won the race, amid the loud, triumphant shouts of his coun- trymen. Whether the victor found his strength failing him, and adopted the expedient of disabling the Indian from fear of losing the wager, or whether, confident of superior pedestrian powers, he gave the Indian a jog with malicious intent, is unknown to the writer. The Indians, and their defeated champion, were terribly


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enraged at first, and positively refused to give up the forfeit : but Weiser, who had already learned much of the Indian character, and knew the danger of trifling with their misfortunes, with a grave-yard countenance, appeased their wrath, by satisfying them that the whole difficulty proceeded from accident-that he stum- bled upon some obstacle which rendered it unavoidable, and was very sorry it had happened. With this explanation their anger was appeased, and they delivered up the skins; from which it is but fair to conclude, the whole Weiser family were clothed. This is the only dishonest trick I have heard related of the first Germans, and with the exception of Moore, they seem to have been strangers to crime. Foot races were often run by those people : at times, fifteen or twenty entering the course together.


It has been already remarked, that the Germans settled in clusters or dorfs, to be the better able to repel Indian invasion, and it now remains to be shown that such caution was rewarded, if tradition speaks the truth. The privilege the writer claims, he allows to the reader, to wit : that of believing as much of the fol- lowing story as he pleases. When related to him, the author thought it too good to be lost.


At the foot of the hill south of where stood Hartman's dorf, which is the descent from a table land to the river flats, as the road now lies, may be observed on one side a kind of marsh, through which runs a brook, receiving in its course the waters of several springs. At the period to which I allude, this marsh was thickly covered with alders and other swamp timber, and afforded a safe covert for no inconsiderable force. Early upon a certain day, in a certain year, Karighondontee and many of his warriors were assembled at this swamp, to give battle to the good people of Hartman's dorf, distant half a mile from the encampment. If the reader desired to know the cause of difficulty, or in what pre- cise year it arose, I should be unable to inform him ; it must have been previous to the arrival of Bayard. It being rumored through the place that it was besieged, great was the commo- tion through its one important street. By times, the brave Cap- tain Hartman had taken a public station, and around him a mul-


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titude were soon gathered. The tactic skill of the Captain re- quired little time in marshaling his brave followers-his tender care about their temporal affairs at the Camps being still remem- bered-who waited with impatience the march to glory. What other officers assisted Captain Hartman on this momentous occa- sion, is of no consequence at this late period. Various were the weapons with which the dangerous looking corps were armed. Few fire-arms might have been seen, but forks, shovels, broad hoes, axes, poles, clubs, hand-saws, and the Lord knows what other missiles, gleamed threateningly in the sun. Indeed, the care-worn and trusty sword of the Captain, when drawn, added not a little to the warlike appearance of the troop, to say nothing of its multiform, military garb. "What a fine martial array," thought he, as his eye ran along the ranks, and he gave the com- mand to " face towards the river and march !" Each individual of the brave band cast a furtive, speaking glance at the front stoop of his own dwelling, where stood the domestic circle weep- ing or encouraging, or that of his lover, who was leaning upon the half opened door, with an arm across her face to conceal the gushing tear, or her pouting, nectareal lip ; and to the enlivening sound of the violin, their favorite and only music, set forward with a firm step, determined to conquer or die. Two-thirds of the distance from the village to the rendezvous of the enemy al- ready in his rear, the Captain ordered a halt, to communicate to his troops some necessary instructions about the plan and manner of prosecuting the attack. Some of his men now hesitated about assaulting the enemy, as they were mostly armed with un- erring rifles. The misgivings on this score soon became general, and then was called forth all the dormant eloquence their brave leader was so noted 'for possessing. Stepping upon a stump, from which position his commanding person and cheerful counte- nance were truly conspicuous, he addressed his followers. He directed their attention to the time when they were persecuted in Germany-to the perils they had overcome by sea and land. He assured them that although the enemy had rifles, yet not one of them should discharge. He conjured them not to sully, by cow-


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ardice, their national character. He reminded them of their so- cial relations which were jeopardized-of the love of their wives, their parents, their children, and lastly of their plighted. He ac- companied the latter part of his pathetic speech, with a signifi- cant flourish of his sword towards their village, a part of which was still in view. The appeal was irresistable, and with one voice the whole corps, in true German, responded-" Fuehret an !" Lead on ! Fearlessly he did lead on, and thus was he followed. Faith is the vital principle by which every successful effort of man is put forth, and without it, the sinews of war are powerless. Indeed, faith is no less requisite in war than religion, and no bat- , tle ever was won without it. So thought the daring Hartman, and so had he instructed his followers to think. When they came to the wood in which the enemy had taken a position, the Ger- mans, following the example of their Captain, rushed furiously upon the wary foe. They met, as had been anticipated, his lev- eled guns, but no sound, save their repeated clicks, was heard : no death-telling report rang through the valley, and the whoops of the savages, as they noted the failure of their rifles, gradually died away on the morning air. The confidence of the colonists was increased, on beholding the prophecy of their Captain veri- fied, in the click of non-discharging fire-arms, and true to their leader, they seconded all his movements. The red man fell back abashed, and ere he could discover the cause of his ill luck, the sturdy German was upon him, the sight of whose weapon was enough to carry terror to his heart's warmest blood, and he was compelled again to flee. " An!" shouted the immortal Captain, " An !" The charge was too impetuous to be withstood, and the Indians fled in terror, uttering, as they left the swamp in posses- sion of their enemy, the death yell. Well might they have sup- posed, from the clashing of missiles coming accidentally in con- tact with their fellows, or with obtruding trees, and now and then with the head or shoulders of their comrades, that the carnage was terrible, and the reason for the death yell obviously augment- ed. What a cruel, bloody art, is war. The troops of Captain Hartman belabored the natives lustily with fork and hoe, as may


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be supposed, in their retreat. Here, some were seen hobbling off from the field of battle with bruised shins ; there, others with el- bows or fingers disjointed-all amazed at the manifest prowess of their German enemies, and still more dismayed that their rifles gave no report. If any there were among them who fought on that memorable occasion with bows and arrows, and doubtless there were some, it is highly probable the thick buck-skin gar- ments of the colonists arrested the further progress of their arrows ; else the fate of the day might still have been different, and I now had to record the success, instead of the defeat, of the stout Ca- nadian Chief, Karighondontee. The little army of Hartman were soon left complete masters of the bloodless field, (as it would have been, had not the careless wielding of the missiles brought them occasionally in contact with a nasal organ ;) and the re- peated German huzzas of the conquerors, reverberated along the Oucongena.


The enemy fairly ousted and the field gloriously won, the victors returned again to their homes to a still more en- livening air than the one with which they had left them, the whole length of the bow being given it; where awaited them the cheers and smiles of their fair ones. It is but reasonable to suppose, that a messenger had been sent forward to apprise the villagers of the great success and triumph of the German arms, without loss of life or limb, since I must believe, that had the good matrons been expecting to see any of the corps borne home on a litter, they would not have made the welkin ring with their shouts. Thus ended the first regular battle of the Germans in the valley of Schoharie, no less gloriously than did the siege of Smith's hotel, already before the reader, on which occasion they com- pelled their supposed enemy to flee by night. One thing, how- ever, remained to be done, the pipe of peace was yet to be smoked. Accordingly, on an appointed day, soon after the battle, the parties met in the shade of a majestic oak, not a mile from the battle field, which had buffeted the storms of several cen- turies, and may be still standing, and well and faithfully did the Germans smoke the calumet. They are a people extremely fond




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