History of Tioga, Chemung, Tompkins and Schuyler counties, New York, Part 55

Author: Peirce, H. B. (Henry B.) cn; Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1879
Publisher: Philadelphia : Everts & Ensign
Number of Pages: 1112

USA > New York > Chemung County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 55
USA > New York > Schuyler County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 55
USA > New York > Tioga County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 55
USA > New York > Tompkins County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 55

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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207

AND SCHUYLER COUNTIES, NEW YORK.

the intersection of the Massachusetts pre-emption line with the Pennsylvania State line; thenee north on said pre-emp- tion line to the intersection of the south line of the Military Traet, continued west to said pre-emption line ; thenee east on said line to the northeast corner of Catharine township ; thenee south on the east line of said township to the south- west corner of Tompkins County; thenee east on that south line to the northwest corner of Speneer township, in Tioga County ; thenee south along west line of Spencer to the southwest corner of the town; thenee west on the north line of Barton town to Cayuta Creek ; thenee down the ereek to southeast corner of lot No. 152; thenee south along the east line of Chemung town to Tioga or Chemung River ; thenee down said river to the Pennsyl- vania line; thenee west on said line to beginning."

THE DERIVATION OF THE NAME

was from that of the river, which flows through the eounty from west to east, and which rises in the mountains of Pennsylvania, where it receives the name of the Tioga, and sweeping westward and northward by a eireuit of 150 miles, through enchanting and picturesque valleys and gorges, returns to a point less than thirty miles from its source, where it debouches into the Susquehanna. In New York the name " Chemung" was given to the river, which signifies " big horn." This name was given to the river, undoubtedly, from the discovery therein by the Indians of the tusk of a mammoth, as indicated by the following in- eident related by Captain MeDowell, formerly a pioneer of Chemung. He says that while a captive with the In- dians he saw pieces of a large tusk which his eaptors said their fathers had found in this river, and on account of which they had given the name " Chemung" __ big horn- to the stream.

In volume iv. page 42 of the " American Museum," pub- lished in Philadelphia, 1788, by Matthew Carey, appears the " deseription of a horn, or bone, lately found in the river Chemung, or Tyoga, a western branch of the Susquelianna, about twelve miles above Tyoga Point." It was 6 feet 9 inches long, 21 inehes in eireumference at the larger, and 15 at the smaller, end ; a eavity of 22 inches in diameter and 6 inches depth occupied the larger end, the remainder of the tusk being solid. It was smooth, and, where not discolored by exposure, of a elear white. It was round, or nearly so; was not palmated, and was ineurvated like the are of an extended eirele. Two or three feet from each end of the tusk seemed to have perished, or been broken off; the entire length presumed to have been ten or twelve feet.

The tusk was, at the time of publication, in the posses- sion of Hon. Timothy Edwards, of Stoekbridge, Mass., and must have been forwarded to him prior to, or very early in, 1788. This is probably the tusk that Judge Caleb Baker, in another published account, within a few years past has been eredited with exhuming in the Chemung soon after his arrival in the country.

In 1872 two huge teeth, the molars of some prehistorie monster that ranged these valleys, were exhumed from the bank by the freshets, and found by some parties on the farm of H. S. Beidelman ; one of them, now in the posses-

sion of Mr. B., weighs nine pounds. Still lower down the valley bones of the huge jaws of the mammoth have been found, the portions found being about a foot in length, six inches wide, and two inehes thick. That the mammoth and mastodon ranged over the country in the reptilian age and later there is positive proof in numerous museums, where their restored skeletons show what gigantic forms Nature produced in her earlier workmanship; and the valley of the Chemung seems to have been the haunt of one of these monsters, and by his death therein to have unwit- tingly given a name for future generations to remember him by.

TIOGA OR CHEMUNG.

The old settlers of Chemung Valley cherished strong predileetions for the name of Tioga, and on the division of the old county of that name were earnest and persistent in their efforts to retain the old name, basing their elaims on the fact that the Tioga, as the river had been for years ealled, was the principal stream of the county, while not a foot of it watered the newly-limited county of Tioga. The name was endeared to them by a thousand fond reeollec- tions, and to give it up and transfer it to a locality removed from the seenes and the stream that had given it birtli seemed a sacrilege. The Susquehanna, a noble stream, still traversed the old county, and the people of Chemung thought the name of that river should be given to the new county of Tioga. But to no purpose were the remon- stranees ; the old name was retained by the eastern portion, and Chemung was given to the western jury district, and the old pioneers passing away soon removed all memory of bitterness, and the name of Chemung is as fondly eherished now as was that of Tioga. They are both relics of a van- ished people who were onee lords of all this country, and are of the few monuments that remain to tell of their onee prineely heritage.

In 1854, Chemung suffered her first and only diminution of territory in the ereetion of Sehuyler County, which took the towns of Catharine, Cayuta, Montour, and Dix from Chemung. By the aet of ereetion of Chemung County the county-seat of justice was fixed at Elmira, and the courts and Board of Supervisors authorized and directed to hold their sessions at the court-house in Elmira, and the Boards of Supervisors of the two counties of Tioga and Chemung to mutually arrange their joint matters and divide their joint effects.

ORGANIZATION OF THE TOWNS.

Chemung,* 1788, as part of Montgomery County; El- mira, as Newtown, 1792, from Chemung, name changed 1808; Erin, from Chemung, March, 1822; Southport, from Elmira, April 16, 1822; Big Flats, from Elmira, April 16, 1822; Catlin, from Catharine, April 16, 1823; Veteran, from Catharine, April 16, 1823; Horseheads, from Elmira, 1854; Van Etten, from Cayuta ; Elmira City, from Elmira and Southport, April 7, 1865; Ashland, from Elmira and Chemung, April 25, 1867; Baldwin, from Chemung, April 7, 1856.

# See Chapter IX. (Civil History of Tioga County).

208

HISTORY OF TIOGA, CHEMUNG, TOMPKINS,

THE COURTS.

The first court held in the new county of Chemung was a term of the Cireuit and Oyer and Terminer, which was begun May 16, 1836, Hon. Robert Monell, Circuit Judge of the Sixth Judicial Cireuit, presiding, with Hon. Joseph L. Darling, First Judge of Chemung County, and Joseph Westlake and Guy Hulett, Judges, as associates. The seal of the Clerk of the Common Pleas was adopted as the seal of the Circuit Court. There were thirteen jury trials at this term, three of them for slander, damages being awarded for $1251 to repair the characters of the plaintiffs. The total awards of the term amounted to $3280.58 damages, besides costs.

In the Oyer and Terminer a grand jury of twenty mem- bers, with Elijah Sexton as foreman, was impaneled, and. one trial by jury was had, resulting in the acquittal of the defendant on a charge of forgery ; and another trial, on an indietment for breaking jail, was brought to an abrupt ter- mination by the withdrawal of a juror, which two proceed- ings constituted the entire business of the term.

The new constitution of 1846 reorganized the judiciary, since which time the Circuit Courts have been held by the Supreme Court Justices of the judicial district, and the Oyer and Terminer by the same justices, with the County Judge and Justices of Sessions. A special term of the Supreme Court was held in Elmira, Oct. 12, 1847, Hon. Hiram Gray, Justice, for equity business. A general term was held in May, 1849, by Justiees Gray and Mason.

The Chemung Common Pleas held its first term in El- mira, July 12, 1836, Hon. Joseph L. Darling, First Judge, presiding, with Joseph Westlake, James Hughson, Guy Hulett, and Simeon L. Rood, Judges, as associates. The rules of the Tioga Common Pleas were adopted as the rules for the practice and pleadings of this court. Walter W. Kellogg, an attorney of the Supreme Court, was ad- mitted to praetiee in this eourt, as were also all of the attor- neys of the Tioga Common Pleas, and their names ordered to be entered on the roll of attorneys of Chemung County.

There were four jury trials, and orders were entered in twelve other causes, judgments to the amount of $276 being entered up. The court was abolished by the constitution of 1846.

The first term of the General Sessions of the Peace was held at the same time and by the same judges.

The first grand jury was composed of the following eiti- zens : Caleb Baker, Foreman ; Martin Lowman, Constable in attendance; Wm. F. Hull, David Edwards, James Mooers, Elisha H. Thomas, W. W. Mitchell, Henry C. Wells, James F. Jones, Anthony Collson. Samuel Vanderhoff was fined $10 for default as a grand juror.

There were indictments found as follows: one for an assault with intent to rape, defendant convicted, and given 60 days in county jail ; another for selling liquor without license,-plea, guilty, $20 fine ; same party fined $10 for keeping disorderly house; another for assault and battery,- defendant fined $30; another for misdemeanor, and another for receiving stolen property,-verdict, not guilty ; three for riot and assault and battery,-guilty, and fined $15 each.

The General Sessions is held at present by Hon. Thomas S. Spalding, County Judge, Chas. C. Evans, Esq., Jno. W. Dilmore, Esq., Justices Sessions; A. Robertson, Esq., Dis- trict Attorney ; Edmund O. Beers, Sheriff ; A. C. Eustace, County Clerk.

The County Court of Chemung County was created by the constitution of 1846, and the first term of this tribunal was held by Hon. John A. Wisner, County Judge, beginning on the 25th day of October, 1847.

The County Court is at present constituted as follows : Hon. Thomas S. Spaulding, County Judge; Edmund O. Beers, Sheriff; Alexander C. Eustaee, County Clerk ; Michael Quigley, Deputy Clerk.

The first proceedings had before the Surrogate of Che- mung County was on June 3, 1836, Lyman Covell being the officer. The will of John Smith, deceased, was pre- sented for probate, and Phineas Heline, one of the execu- tors named in the will, made proof of the death of the testator, which occurred May 12, 1836. A citation was issued, returnable July 19, when the will was duly proven and admitted to record, and letters testamentary were granted. On June 13, however, the first letters of administration were granted, the same being to Albert A. Beckwith on the estate of Richard Beck with, deceased. John Warren, Jr., was also appointed special guardian for the minor children of the deceased.

The duties of Surrogate are now discharged by the County Judge, and have been since the adoption of the constitution of 1846.

CAPITAL CAUSES.

There have been but two executions in Chemung County, thoughi several indictments for murder have been tried, re- sulting in convictions of manslaughter and confinement in the State prison for life, and lesser terms.

The first execution was that of Henry Gardner, for the murder of Amasa Mullock. The facts of the case, briefly summarized, were as follows: The dead body of a man was found Mareh 19, 1865, by some soldiers who were rambling in a wood about a mile and a half from the city of Elmira, terribly mangled about the head, and the body otherwise bearing evidence of violent treatment. It was identified as that of Amasa Mullock, an old man well known about El- mira, and who had some three hundred or four hundred dollars and a wateh on his person when he disappeared. Suspicion settled on Gardner, a soldier of the 12th Regi- ment U. S. Inf., a native of Ohio, and about twenty-four years of age, who was last seen with the murdered man. He was examined before the Reeorder of Elmira, indieted, tried, and convieted, and sentenced to be hanged June 1, 1866. The trial diselosed that Gardner killed Mullock, Dee. 29, 1864, by beating him with a musket. He was indicted at the September Oyer and Terminer, 1865. His counsel were Hon. H. Boardman Smith and A. Robertson, who most ably defended him ; District Attorney H. F. Babeock and John Murdoch prosecuting. The evidence was overwhelming of the guilt of Gardner, against which the most ingenious deviees known to the criminal practice availed not to shield him from the just expiation of his crime. Two indictments were found, and the case went to

209

AND SCHUYLER COUNTIES, NEW YORK.

the general term of the Supreme Court on a plea of jurisdie- tion, which was held to be bad by that tribunal. At the April Oyer and Terminer, 1861, one of the indictments was nol pros'd, and the plea of jurisdiction to the other overruled, as was also a plea in bar, founded on being onee in jeopardy on inatters charged in the indictment. The prisoner then refusing to plead further, the court ordered a plea of " not guilty" to be entered, and the second trial was had, resulting again in conviction and a second sentenee. At the April term seventy-six jurors besides the regular panel were sum- moned before a jury was impaneled. Twenty-three witnesses for the people and thirteen for the defense were sworn. After the trial one of the jurors was charged with preju- diee before his acceptance on the panel, and an application based thereon for a new trial; but the faet being ascertained that the implicated juror, so far from being prejudiced, was, on the contrary, the only one of the panel who voted on the first ballot against hanging, the motion was withdrawn by Mr. Smith, who generously and eloquently vindieated the juror before the court, and handsomely apologized for making the charge. Judge Balcom presided at the trial, and senteneed the prisoner. The Supreme Court refused a new trial, and March 1, 1867, he was executed in the jail-yard, the seaffold occupying the ground now being oeeu- pied by the southwest corner-stone of the jail.

The second and last execution up to the present time was that of Peter H. Penwell, who was hanged July 20, 1877, within a very few feet of the same spot whereon Gardner suffered the extreme penalty of the law before him. He was convicted of the murder of his wife, and the community was divided on the question of his punish- ment, though unanimous as to the killing. An Albany paper characterized his execution as a "judicial murder," and thus summarized the ease : Penwell was an old man, half imbeeile, whose father died in a mad-house. He mar- ried the woman he killed in Toledo, in December, 1871, when he was sixty years old, and with whom he had had an acquaintance of but one or two weeks. He became jealous of a magnetie quack, whose attentions to his wife were distasteful to the old man, and which led first to sep- aration and finally to murder. Penwell said he and his wife at a certain interview at her relatives' in Chemung County, whither she had come on their separation, agreed to take poison and so end their troubles. He purchased the arsenie, but gave her too large a dose and himself one too small, which resulted in putting her on a siek-bed and made him crazy. On the afternoon of March 10 he bor- rowed a razor under the pretense of shaving himself, and then proceeded to the room of his wife and with an old axe ehopped her to death, and eut his own throat with a razor, but not seriously. On his arrest, he at first admitted the murder, and then subsequently denied all knowledge of it.

The eity papers gave a résumé of the case substantially as above. On the trial the prisoner's own testimony went far to eonviet him. Application was made to the Governor to commute the sentence of death to imprisonment for life, but without avail, and he was executed as before stated. Judge Murray, of the Supreme Court, presided and sen- teneed the prisoner, who was defended by S. B. Tomlinson, Esq., counsel assigned by the court, S. S. Taylor, distriet

attorney, prosecuting. The preparations for the exceution, under the management of Sheriff E. O. Beers, were fault- less in the consumnination, the unfortunate man dying almost instantly. He was executed in the presence of the officials of Chemung, and several adjoining counties in New York and Pennsylvania, and a large representation of the press.

THE BOARD OF SUPERVISORS.

The first meeting of the Board of Supervisors of Chemung County was held April 2, 1836, at the house of H. Miller, in Speneer, Tioga Co., the following members being present : Samuel Minier, of Big Flats; Timothy Wheat, of Catlin ; Jacob Swartwood, of Cayuta; John G. Henry, of Catha- rine; Green Bennett, of Dix ; John W. Wisner, of Elmira ; Albert A. Beckwith, of Southport ; and Asahel Hulett, of Veteran. The towns of Chemung and Erin were not rep- resented at this first meeting. John W. Wisner was chosen Chairman, and Robert C. Hammill, Clerk.

The Board being equally divided on the question, refused to levy a tax, thereby postponing the levy until the annual meeting.

On the 20th April, the Boards of Tioga and Chemung Counties met in joint session, and instructed the superin- tendents of the poor to keep a separate and distinct aeeount of the pauper expenses of the two counties, and also keep a list of the names of the paupers and of the towns from which they were sent to the poor-house, and report the same to the October meeting.

Another joint session of the two Boards was held Oct. 18, 1836, and a further adjustment of joint accounts was made:

On the 21st October the Chemung Board met, at which Robert Stewart appeared as the supervisor of Erin, and Isaac Shepard as the supervisor of Chemung. This meet- ing was also held at Speneer. The annual meeting of 1836 was held at Elmira, at the house of E. Jones. John W. Wisner was chosen Chairman again, and Hammill, Clerk. The committee on equalization reported an increase on the assessments of Catharine and Veteran of 10 per cent .; Catlin, 20 per cent. ; Chemung and Elwira, 30 per eent. ; and Big Flats, 16 per cent .; and a deduetion of 10 per eent. from Dix, 16 per cent. from Southport, and Erin and Cayuta to remain as returned. The table of assessment and taxation will be found elsewhere.

In 1849 the application of the Chemung Bridge Com- pany to build a bridge over the Chemung River at Chemung was granted.

In 1861, Colonel Henry C. Hoffman, the supervisor of the Second Ward of the city of Elmira, having enlisted, and being in command of the 23d Regiment New York Volunteers, in Virginia, when the Board was in session, very complimentary resolutions were adopted, setting forth his patriotism and gallant bearing.

In 1865 the question of taxing the national banks came up before the Board, and, after a long discussion, the Board decided to tax them, and did so, the same as other property, on 8500,000 of stock. In 1867, the United States Courts having held that local taxation was illegal, the county refunded the taxes of 1864 and 1865.

At the annual meeting, in 1869, the Board accepted the

210

HISTORY OF TIOGA, CHEMUNG, TOMPKINS,

invitation to meet with the Commissioners to locate the State Reformatory at Elmira.

The action of the Board in relation to the location of the State Fair at Elmira in 1872 will be found under the head of the Agricultural Society. At the annual session of 1873 the Board adjourned, and attended the funeral of John Arnot in a body on Nov. 17.

At the annual meeting of 1877 the county treasurer, Jesse L. Cooley, made his annual report, and which, like every report made by him in the eleven years of his incumbency in that office, is a model of concise and explicit information of the receipts and disbursements of the county treasury. By this statement the receipts and disbursements for the year ending Nov. 20, 1877, were as follows :

The total receipts from all sourees were $178,877.85, -including $1014 fines paid in by the district attorney,- and his disbursements were $177,274.69. Among these disbursements were the following principal amounts: to the Comptroller for the State tax (including school taxes), $38,598.56 ; county orders, $25,078.74 ; poor orders, $17,- 096.56 ; school moneys to supervisors, $29,487.59; county bonds, $16,000; interest, $5845; public charities other than for the poor-house, $13,094.84; salaries, $4300; Mon- roc County penitentiary, $2304.04; jury scrip, $10,083.45 ; rent of armories and pay of armorers, $2319.30 ; jail sup- plies and grading, $2400 ; sinking funds of Horseheads and Erin, $4006.18; unpaid taxes, $3008.75.

The appropriations for the year 1877-78 were as follows : State tax, $28,295.28; State school tax, $15,591.96 ; county orders, $23,201.50; county poor orders, $4997.68 ; jurors, $10,000; county. bonds, $23,530.30; interest, $4957.71; deaf, dumb, and blind institutes, $1479.08; salaries, $4800 ; Monroe County penitentiary, $2000; superintendent of poor at poor-house, $826.70; deficit at poor-house of Griffin's account, $3574.14 ; rent of armories and pay of armorers, $2325; gas and water at county buildings, $1100 ; repairs on county buildings, $920 ; sup- plies for jail, $1500; insurance; $100; supervisors' ae- counts, $1629.43 ; contingent fund, $171.22; total appro- priations, $132.000.

The Board adopted for a suppression of the tramp nui- sance the enforcement of the act on vagrancy,-Chapter XX., part 1, title 21, of the general statutes, -- which seems to work very well in abating the nuisance, the old jail being used for the confinement of city offenders. The Chairmen and Clerks of the Board will be found named in the civil list of the county. The Board, as at present con- stituted, has not organized for the year's work.

THE COST OF THE REBELLION.

The Board of Supervisors were patriotie in their action in relation to the filling of the quotas of the county during the struggle for the maintenance of the Union.

The first meeting was held for war purposes Dec. 7 and 8, 1863, when a bounty of $300 for men was offered to fill the quotas of the towns, as follows: Baldwin 11, Big Flat 29, Catlin 20, Chemung 22, Elmira 142, Erin 16, Horseheads 35, Southport 60, Veteran 37, Van Etten 18. This bounty was to be paid by cach town, the county guarantceing the payment of the bonds, which were to be paid in ten annual payments, at seven per eent. interest.

At a special session held Feb. 11, 1864, this bounty of $300 was continued for the ealls of January previous. In July town bounties were offered of $200 for one ycar, $300 for two years, and $400 for three years, under the regula- tions of the resolution of Dcc. 18, 1863. In August the towns were authorized to pay $500 bounties, and to make their bonds payable at times most convenient.

At the annual meeting of 1865 very complimentary resolutions were adopted respeeting the patriotic conduet of Tracy Beadle, the same expressing the fact that his action in taking the town bonds at par was more effective than anything else in saving the town from a draft. The total amount of bonds issued by the several towns of the county for bounties, and the interest they paid thereon from date of issue to date of maturity and payment, are as follows :

Bonds.

Interest.

Baldwin ..

$21,100

$3,565.33

Total. $24,665.33

Big Flats

59,450

11,935.68

71,385.68

Catlin

39,300

6,126.15

45,426.15

Chemung .

40.900

12,541.17

53,441.17

Erin

32,100

10,665.60

42,765.60

Elmira town.

26,100

3,120.89

29,220.89

City of Elmira

218,170

49,173.82

267.343.82

Horsebeads.

62,100

6,419.71

68,519.71

Southport.

75,200

25,873.16

101,073.16

Van Etten

28,300

5,542.75

33,842.75

Veteran.

54,450

10,867.18

65,317.18

Grand total

$803,001.44

Amount paid by county treasurer.

707,708.97

Amount of State bonds received ..

$95,292.47

In 1867, when Ashland was organized as a separate town, it assumed of the bounty debt of the towns from which it was formed the following amounts : of Southport, bonds $7713, interest $2015; Chemung, bonds $651, interest $167; Elmira, bonds $280, interest $71; total, $10,897.

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History of Tioga, Chemung, Tompkins and Schuyler counties, New York, Part 55

Author: Peirce, H. B. (Henry B.) cn; Hurd, D. Hamilton (Duane Hamilton) Publication date: 1879 Publisher: Philadelphia : Everts & Ensign Number of Pages: 1112

Author: Peirce, H. B. (Henry B.) cn; Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1879
Publisher: Philadelphia : Everts & Ensign
Number of Pages: 1112