USA > New York > Suffolk County > Bridgehampton > Sketches from local history > Part 20
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"To the public the decision was worth its cost, To the parties, who each expended over one thous- and pounds, the fox cost very dear."
Here is an illustration where almost $10.000 was paid as the result of stubbornness and self-will to gain the possession of an article worth perhaps $2.00. This is a case strictly local in its beginning. but which became Sate-wide in influence and ef- feet.
Another Noted Lawsuit
On the map for 1850 may be seen on the north side of Hedges Lane in Sagaponack the location of the home of Colonel Hervey Hedges. He was a man of sterling integrity, upright and just in all of his business dealings, a man whose word was just as good as his bond. His was an enviable record throughout the entire community. A man formerly from Amagansett. about the beginning of the Civil War, sold a horse to Col. Hedges. This horse proved to be very unlike, in many ways, to the one he reasonably expected, judging from the recom- mendation as given by this man.
The animal was so unsatisfactory, that after all efforts for a peaceful settlement had proven futile, Colonel Hedges resorted to the law for justice. Both Hedges and the other party were members of the Presbyterian Church in Bridgehampton. Hedges never presumed to shine as a bright light religiously. while the other man made himself very prominent in all branches of church work.
Henry P. Hedges was a young attorney at that time, and defended the Amagansett man, and won the case against Hedges. This lawsuit created no little interest and excitement, but what hurt Hedges was the fact that he knew he was right. the decision of the court nothwithstanding, and that he had been swindled by this man. Worse than that, the good brethren of the church did not come to his support. and by their silence indirectly condemned him, while the other, by his brazen activity in all things relig- ious, won the comment that threw the doubt, if any, in his favor.
This was too much for a man of Hedges' char- acter to stand ; if the public, especially his brethren in the church, would not uphold him, not even tak- ing the whole past record of his life as the basis of their opinion, but rather listen and give heed to the word and oath of a character guilty of abusing and even assaulting his own father, then he was done with them.
He never went into the church again. until he was taken there for his funeral. The good deacons and elders often labored with him, trying to per- suade him that he should forgive and forget, but to no avail. He had fought his fight. At last the min- ister used all of his persuasive powers to influence him, and finally asked him: "Why won't you come
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back to the church and worship with the brethren as formerly?" In reply he quoted a couplet from a hymn of Isaac Watts :
"Blest be the man that shuns the place.
Where sinners love to mieet."
The last of his days he spent quietly on his farm, and died respected and honored by all. The other character lived long, left a record, and died "unwept, unhonored and unsung."
Judge Henry P. Hedges told me in after years, in commenting on this case, that "he thought at the time, the man he defended was right, and that Hed- ges was simply a poor judge of a horse, but he learned afterward that this man lied 'notoriously'."
I write this not to slander or blaspheme the name or memory of this man, but rather, to exonerate, uphold and defend the good character of Hedges, who was "every inch a man."
MECOX BAY OYSTER CASE
The fact that oysters abounded in Mecox Bay at a very early date is undisputed, in fact, I think they were found there in abundance at the time of the first settlement. As early as the year 1801 the rec- ords show that the Town Trustees rented land under water in this bay for planting oysters, but at this very time the privilege of taking these shellfish from any portion of this bay was believed and held to be the right of any citizen of this township. Daniel Hildreth, in his diary writes of taking 40 bushels of oysters in one day, and selling them for 25 cents per bushel.
Right here was the beginning of trouble between those who rented land under water and planted oysters and those who claimed the bay to be free for all citizens. The renters, however, soon gave in, and for many years the bay was considered free fishing ground.
About the year 1882 "The Mecox Bay Oyster Company, Limited" was organized and incorporated
under the Laws of the State of New York, with a capital of $500,000 divided into 10,000 shares of · $50 each.
It was thought that about three fourths of the bay bottom was suitable for the planting of oysters. There are almost 1,200 acres covered by the bay, and the company thought that after the first year they could pay 7% dividends on the capital stock. This sounded very good, but the public soon real- ized that unless they took some action in this matter they might lose the riglits they had heretofore held and enjoyed.
In 1882 at a sale of undivided lands advertised by the Trustees of the Proprietors, Mecox Bay was sold to R. Esterbrook, Jr., W. H. H. Rogers and Theron O. Worth for $2,000 and it comprised all land under water of Mecox Bay and of the creeks of said bay as the same are covered at ordinary low water.
The Directors of the Oyster Co. when incorporat- ed were as follows: Stephen B. French. Pres .; James Matthews, Vice Pres. ; Frank T. Robinson, Chandas Fulton, Richard Esterbrook, Jr .. Treasur- er : Frank Allin, Everett .A. Carpenter, Sec. & Attor.
At a Town Meeting held in 1883, the Trustees were authorized to employ counsel to obtain an opin- ion in this matter, and the men so employed were Judge Carter, President of the New York City Bar Association, and Judge Young. County Judge of Suffolk County. The next year or in 1884. at a Town Meeting Five Thousand dollars was appro- priated to litigate the right of the Town to the bay bottoms.
This case was tried in the Supreme Court at Riv- erhead before Judge Edgar M. Cullen, Oct. 26th, 1885, who decided in favor of the Town. It was then appealed and tried before the Court of Appeals . Oct. 18th, 1889, which court affirmed the former decision, the defendants having to pay the costs which amounted to $7 19.64. This settled the right for all time of the residents and citizens of South- ampton Town to fish in these waters.
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SCHEDULE OF VOTES IN SUFFOLK COUNTY
Number of Votes for Governor, Lieutenant Governor and Senators canvassed at the Secretary's Oi- fice May 29th, 1792.
COUNTY OF SUFFOLK
George Clinton, Govn.
John Jay, Govn.
T. V. Cortlandt, L. Govn.
L. V. Renslaer, L. Gorn.
E. Lhommedieu, Senator
S. Strong, Senator
John Schenk
Richard Varrick
Francis Lewis
Francis Lewis, Govn.
Henry Crugar
John Broom
Saul Michau
Robert Townsend
Total Number
Number Rejected
East Hampton 67
I 67
66
67
67
69
I
Shelter Island
8
2
7
IO
5
8
IO
Southampton 146
8
144
8
141
13
116
I
155
I
Southold
116
5 107
118
I
5
4
123
Riverhead
21
16
20
13
9
28
2
2
38
I
Brookhaven
50
93
47
91
38
145
71
25
30
13
13
I 147
Smithtown
16
25
30
II
9
20
25
9
IO
I
42
Islip
IO
14
S
12
4
23
14
12
2.4
Huntington
47
6.4
St
13
3
77
23
2
45
I
II2
481
228 514
148
398
316
202
195
31
30
39
45
27
I
720
3
SCATTERING VOTES
Shelter Island-John Jay 2 votes for L. Govn. Southampton-Matthew Clarkson I for Senator. Southold-John Jay 5 for L. Govn.
Riverhead-Matthew Clarkson 2 for Senator, I. N. Havens I for Senator.
Brookhaven-Matthew Clarkson 77 for Senator. Smithtown-Clarkson 10 for Senator, Tredwell J for Govn.
Islip-Roosevelt I for Senator. Huntington-Roosevelt 29.
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ITEMS OF LOCAL HISTORICAL INTEREST
In this chapter I propose to name or mention a few items that may not be of any real value, but may to a certain extent be of interest sufficient to put on record.
The Seapoose or outlet of Mecox Bay was form- erly at "Old Route", nearly, but not quite opposite the southerly end of Sam's Creek. It was near enough, for seas coming in at high tide would flow up this creek. The John Osborne farm on Parson- age Lane was formerly church, or parsonage prop- erty. Hence the name "Parsonage Lane".
Capt. Ezekiel Curry built the house on Butter Lane, later owned by Capt. Samuel Pierson, and still later by his brother, Charles A. Pierson. Capt. Curry was a sea captain and followed the whaling industry at first, but later was engaged in the mer- chant service, and sailed ships in the foreign trade. He married Elvira, sister of Daniel and Herman Woodruff.
The John Leek farm on Snake Hollow Road ( 1850) was later owned by Albert Halsey, now by the McNamara family.
Solomon Gray followed David Topping as keeper of the Bull's Head Tavern. Gray died quite young. then Richard Gelston married his widow and be- came the next landlord of the Tavern. ( 1850 map ). William Fordham, blacksmith, on this same map, was brother of Andrew, school teacher, and son of John Fordham, blacksmith of Hay Ground. ( 1800 map). The Nat. Topping house in Poxabogue (1850) was formerly owned by John N. Hedges, who inherited it from his uncle. John Norris. Hed- ges afterward bought the Howell property on Ocean Road, now known as the Beach House.
The cattle pound on 1850 map, was located there for many years, and then moved to the north- east corner of Jetur Bishop's farm, on Butter Lane.
Sylvanus Ludlow bought his place of his brother Jeremiah, who later. located on Ocean Road.
The Jesse Woodruff farm on Mitchel's Lane (1850) was later owned by Capt. Edward Halsey, and still later by George H. Miller.
The Sheep Pen at Kellis Pond was where the sheep were driven to wash before shearing, as was the custom at that time ( 1850 map).
Daniel Halsey on Butter Lane ( 1800) was the
father of Gabriel, and son of Nathaniel, and grand- son of Nathan.
David Sayre of the 1800 map, on Butter Lane married a Gelston, had son Stephen of Mitchel's Lane, and grandson David of Butter Lane, and was the great-grandfather of the Stephen on the 1850 map. Jehu's Pond in Scuttle Hole was named from an Indian of that name who had a boy child drowned there.
With the railroad came another and much greater market for potatoes, until this crop became the most important one grown in this section. Menhaden fisheries, which were the mainstay for farmers as far as fertilizers were concerned, and carried on in both ocean and bays, by means of shore seines, grad- ually became unprofitable because the purse seines never allowed the fish to get very near the shore.
The great herds of cattle and sheep that formerly were driven to Montauk for summer pasturage, be- came a thing of the past, and the farms became market gardens, where they were in earlier days cattle and sheep ranches.
With the passing of these herds, fences became a useless asset to the farm. These and the ditches began to disappear not only along the highways, but the line fences between farms were removed, and' used for the most part for fire-wood.
People in general became careless and indifferent in the care and protection of the forests against the ravages of forest fires, and flattered themselves with the idea that coal would always be cheap.
The Bridgehampton Creamery started business under quite favorable circumstances, but potatoes appeared more profitable, so the creamery went cut of business.
During the entire history, and as late as 1875. oxen were in general use on the farms, that is, with but few exceptions, every farmer had one or more yokes of oxen. These for the most part did the heavy draft work. A few horses were always kept for lighter farm work and for use on the road.
Colts were raised on the farms in sufficient num- bers to supply the local demand. The finest dairy cows in the land were to be found in this section, and great numbers were sold to the dairymen on the western part of this Island.
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Beef, pork, mutton and wheat were shipped to New London and New York by boat from Sag Har- bor, while butter and eggs were exchanged or bar- tered for groceries and dry goods with the local merchants.
One noted change was the abandonment of the annual Town Meeting, where all matters relating to the Town's interest could be and were discussed freely by all, and then voted on. I very much doubt as to whether this was really an improvement. But I have an idea it would be at this time too unwieldy to work with satisfaction.
On the map for 1700, Nathan Fordhant sold his farm in Mecox, and bought land on the west side of what was later the Sag Harbor Turnpike. the present site of the Brick Yard, and also considerable property in Sag Harbor.
Ellis Cook located in Mecox in 1668 and had two sons, Ellis and John. Ellis 2nd located on what was later the Cook home- stead on Bay Lane. John located on the south side of Kellis Pond, near the west end of what was later Paul's Lane. Ellis died young, and later John left his home and DEACON JOHN COOK 1722-1804 went to live on the Ellis Cook place, and made it his permanent home, and this remained in the Cook family until recently.
David Corwithe of Mecox lived there about 1700, on what was called at a later date Rufus Rose's Lane, he had a farm and kept a store. he was the ancestor of the family of that name in this com- munity ; his old ledger is in existence still, rum ap- pears to be the commodity dealt in more than any other article. It is not known just where Benoni Newton lived, but he did own the land where his name is written on the map for 1700, and it is very probable that his home was there.
Where Elias Cook is located on what is now Ocean Road, was the homestead of the ancestors of Baldwin Cook.
It will be noted that there is a pond in Scuttle Hole that only shows on the 1700 map; it is to the worth of Jehu's Pond. My authority for this is that
Mrs. Abigail Squires, who was Miss Abigail Brown, and lived where Mr. Sammuel Strong does at this time, told me that her mother said, that when a girl, there was a pond in this valley, similar to the others near by.
Little Sagg Swamp ( 1700 map) was quite a large marsh, but this has gradually filled up and grows smaller until at the present time it is but a small patch of rushes, located to the east of the home of Alfred R. Topping.
Lot No. 14 of the 40 acre Division ( 1679) was drawn by a Mr. Fordham, and was afterward owned by Isaac Loper, then by his descendants. Jason Loper left it to his three daughters, Nancy who mar- ried J. L. Overton and had the homestead, Maria who married John Stuart and had the lot where the school house ( Dis. No. 18) formerly stood, adjoin- ing the E. E. Foster farm; and Susan who married Capt. John Budd and had the lot lying west of the Stuart lot, now owned by the heirs of Samuel E. Edwards. The site of the house of Jacob Wood on the south side of Paul's Lane ( 1700) was deter- mined by an old well that was there until recently, when it was filled in by men now living. This Jacob Wood house stood some distance west of the present Harry King House on the south side of Paul's Lane. But near the west of the Colonel Levi Howell prop- erty (later Nathan Post) there was another house, that was the homestead of Thomas Sandford. This site is quite plainly marked even to this day.
Capt. Josiah Topping ( 1700 map) whose home is located in Hay Ground, was the man who estab- lished this homestead and was the father of Deacon Josiah and John. I think he owned all of the land west of Hay Ground Road from the farm of the late Herman R. Halsey extending almost to what was later Baker's Lane. John Topping. Capt. Josiah's son, had three daughters, Hannah, Phebe and Mary : Hannah married David Cook (blacksmith ) and they had the northerly portion of the old homestead (in 1850 owned by Edwin M. Rogers) they had sons Nathan Topping Cook, father of Alanson, and Sam- uel, father of Albert and Sullivan, and others, but I only mention these. Phebe married Timothy Halsey, and lived in Bridgehampton ; they had sons Sylvanus, William, Timothy. ( Master Tim) Elisha and others. Phebe inherited that portion of her father's estate owned in 1850 by Orlando Rogers. This property went to her son Sylvanus, who prob-
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ably built the house, and Sylvanus left this place to his grandson Richard Rogers, father of Orlando. This Sylvanus was the Revolutionary soldier. Wil- liam stayed on the Bridgehampton homestead and was father of Oliver Halsey. Mary married John Rogers, and had that portion of the estate now the farm of James H. Rogers. They probably built a house that stood near the site of the present dwelling. They had a son. John Topping Rogers, who lived there in 1800. He married Sarah, daughter of the Rev. James Brown, and had son Nathan Rogers, the artist. who also built the Hampton House. There was another son. Josiah, ( 1800 map) who was the father of Euclid. of Sag Harbor, and Charles who stayed on his father's farm in Hay Ground ( see 1800 map). David Cook and Hannah later sold their farm to their nephew, Elisha Halsey, brother of Sylvanus, and grandfather of Addison M. Cook. This Elisha was the soldier of 1812. David Cook then bought the farm on the Snake Hollow Road (see 1800 map) later owned by John Leek, now McNamara ( 1850 map).
Timothy Halsey (Master Tim) owned the place in Scuttle Hole marked to him in 1800, and to Jeremiah Haines in 1850.
The silversmith shop on Sagg Street ( 1750 map) was owned by a man named Sayre; I think it was either Job or James, the silver-ware is marked "J. Sayre.'
The sheep fold in Hay Ground was a large pen in which the general flock was yarded at the time when the roads and highways were pastured ; this general flock was made up of the many individual flocks owned about the town and attended by a hired shepherd, who watched and cared for the flock for six days in the week, during the pasture season. This flock was farmed or hired out to the highest bidder over Sunday. Each owner had their indi- vidual ear marks for identification, these, marks were all recorded in the Town Clerk's Office.
Zachariah Sandford I think built his house on the Brick Kiln Road: this, and the Lewis Sandford house were built and placed where they were instead of on Huntington Path, from the fact that water could be found at a depth of 20 feet, whereas on the road mentioned they would have to have gone down 120 feet.
Baxter's Water, on the westerly side of the Mill Pond at Water Mili, probably took its name from
Thomas Baxter, whom I think lived in a house nea: this place.
Abraham Baker was the man from whom Baker's Lane took its name and also Baker's orchard.
Daniel Woodruff on Mitchel's Lane was a store keeper as well as a drover, or dealer in live stock. His place was the first stop made by the New York stage coach, in Bridgehampton, on its trip east. On . this place was a tall flag staff from the top of which a flag or waft was displayed, upon the arrival of the stage coach, and also to notify his customers that they could call for their money, as he had returned from a trading trip, and was ready to make settle- ment.
Lot Called Potash
What was formerly a swamp, and at this time a marsh where the water stands at almost every season of the year, on the southeast corner of Sagaponack Road and Ocean Road in Bridgehampton, has always been known and called "Potash." I find there are many residents who do not know the reason for this name, though it really seems as if they ought. This land is at this time the Bridgehampton Golf Grounds.
At a meeting of the Southampton Town Trustees held October Sth. 1771. "it was voted that Abraham Rose. John Halbart (Hulburt), and David Gilston (Gelston) may and shall have liberty to set up a house at or near the northwest corner of James Hildreth hom (home) lot of land to make pot ash in to be to them so long as they shall carry on that business." See map of Bridgehampton for the year 1700.
Picking Bayberries
In the early days of this Township, everything that could be utilized and so help to meet the needs of the family was saved and used. Then as now, bayberries grew wild everywhere but especially on the common land, and people gathered these for the wax or tallow from which they made a very fine grade of candles, which were kept for use when company came and they wanted something extra nice. For common use they used candles made from beef tallow.
The demand for bayberries at this time must have been very great, for at a meeting of the Town Trus- tees held August 11th, 1772. it was voted and or- dered that "Whereas the gathering of bayberries be- fore they come to maturity is thought to be a hurt
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and damage to this community to prevent the which for the future it is enacted by said Trustees that there shall not be any Bayberries gathered by any person whatsoever before and until the Twentyeth day of September on penalty of eight shillings for every person that is found gathering said bayberries on any part of the common land."
Stocks Built in Bridgehampton
I suppose even at that time there had to some way to punish violators of the law. At a meeting of the Town Trustees held December 14th. 1784, it was "Voted that there shall be a pare (pair) of Stocks provided at Bridgehampton at the Towns Cost by Colo. Hobart." I am very confident that this name should be Colonel Hulburt.
These stocks were built by Jeremiah Parker, and the bill allowed him for doing this work was £ 2:48:od.
I have never been able to find out just where these stocks were placed, but I imagine quite near the center or Triangular Commons.
Addison M. Cook of Hay Ground, had two ances- tors on his mother's side who bore the same name. "Lemuel Pierson" and they both resided in Saga- ponack. The elder of these men lived where Alfred P. Rogers does at the present time, or the place marked to Capt. William Pierson (son of Lemuel) on 1800. map. The other Lemuel lived on the place marked to him on the 1800 map, or to Richard Lester on the 1850 map. To distinguish these two mien, the one from the other, the last named was locally known as "Lemmie on the Hill." His first wife was Sarah Hedges, and lived but a short time, leaving no children; his second wife was Elizabeth Pierson, daughter of the first named Lemuel, and they had two daughters, Sarah and Hannah, Sarah married a Mr. Howell, and had one son, William. Hannah married Elisha Halsey of Hay Ground (see 1800 map) and had three daughters. Caroline. Betsey and Frances. Caroline married Alanson Cook, and was the mother of Addison M. Cook, and grandmother of Caroline Cook Stoots. Both de- scendants of both Lemuels. Lemuel on the Hill had a third wife. Mary Rose Clay, of Connecticut. and they had four children. First, Maria, who mar- ried Joli Gelston, and after his death married Stephen Rose. Second, Mary Clay, who never mar- ried; it was from her that Richard Lester bought his
farm. Harriet, who never married, and Charlotte, who married Daniel Burr of Connecticut. The eller Lemuel Pierson married Elizabeth Pierson. the daughter of Abraham and Elizabeth Pierson. They had another daughter who married William Halsey (smoking Bill) father of Oliver Halsey. Still an- other daughter who married Jesse Halsey of Sag Harbor. Tradition states that to each of these daughters, he gave as a wedding present, a grand- father's clock, and a silver cup or mug. One of these clocks and mugs is now in the possession of Mrs. Caroline Cook Stoots.
Peter's Pond in Sagg was named either from Peter Hildreth, who owned land near it, or else from Peter Norris, who lived on the west side of Sagg Street in 1700, on the same place on which Peter Hildreth lived in 1750.
Scuttle Hole is that section of land lying between Mitchel's Lane and Wooley's Lane, this section included the farm and old home of Chancellor Nathan Sandford, the most noted man this Town ever produced.
It was told by an old resident that it received its name from a peddler, who in telling of a mishap that befell him while on his way to the old Rogers home in the valley, near the pond, when he either broke down or upset ltis cart by getting into a slough or hole, on being asked how he got out, replied. 'Oh, I had to scuttle to do it'. Hence the name, 'Scuttle Hole'.
Mr. J. T. Adams has quoted this account as I gave it to him, and is correct, but the origin of the poem was from another source than the peddler referred to above, and its author has never before been made known. and as I believe is only known to a very few people at this time. I had it directly from a near relative many years ago, who knew all parties con- cerned. being contemporary with and personally ac- quainted with the woman who was the real author of the poem I herewith give, but first I wish to give a short explanation as to the cause of its having been written, and also some facts of the family his- tory of Miss Caroline Rogers, the woman who wrote it. David Rogers, the grand father of Caroline, built the house in the hollow, on the northwest side of Scuttle Hole Pond, in the year 1786. He had a large family, among whom was a son, E. Hedges Rogers. who inherited the old homestead; he followed in the footsteps of his father and also had a large fan-
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