USA > Pennsylvania > Luzerne County > Wilkes-Barre > A history of Wilkes-Barre, Luzerne County, Pennsylvania : from its first beginnings to the present time, including chapters of newly-discovered early Wyoming Valley history, together with many biographical sketches and much genealogical material. Volume III > Part 103
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"At a Town Meeting held agreeably to notice at the Court House, Wilkesbarre on Satur- day, the 13th June A. D., 1801.
"The County Commissioners informed this meeting, that they were about to erect a new Court House on the Spot where the old one Stands on the Public Square in Wilkesbarre for the use of the County; but have some doubts about the propriety of so doing unless, the use of the Ground is ceded by the Town for that use, Whereupon on Motion & Seconded,
"Voted, that Matthias Hollenback, Lord Butler & Arnold Colt, esquires, are appointed a Committee on behalf of the Proprietors and Inhabitants of this Township, to lease to the County Commissioners and their Successors in Office, so much of the South Quarter of the Public Square in this Town, being the same square on which the Court House now stands, as shall by them be thought sufficient for the Purpose aforesaid to the Use of them and their Successors in Office for so long time as the same shall be occupied for a Court House."
A lease was thereupon executed between the township committee and the Commissioners, which was deemed sufficient to guarantee to the county, the use of such grounds as were necessary for the purpose, and the committee filed with Judge Cooper, a claim, as Trustees under the Connecticut grant, for the tract known as the Public Square, as well as for the larger public lands known as the River Common. Judge Cooper ordered the two tracts surveyed as required un- der the law, Thomas Sambourne, Surveyor for the Commissioners, completing the work on the 3rd of July, 1801. No further effort seems to have been made to secure a legal Pennsylvania title to the lands until the year 1804, when the State Commissioners turned over to the committee a draft of the survey of the two tracts, as shown on the page opposite and on the reverse side of which ap- pears the following certificate of ownership:
"We the undersigned Commissioners for putting in execution an Act of the General As- sembly of the State of Pennsylvania, entitled 'An Act for offering compensation to the Pennsyl- vania claimants of certain lands within the seventeen townships in the county of Luzerne, and for other purposes therein mentioned,' passed the 4th day of April, 1799, and the supplement thereto passed the 15th day of March, 1800, and the further Supplement thereto passed the 6th day of April, 1802. DO CERTIFY, That LORD BUTLER, MATTHIAS HOLLENBACK & JESSE FELL, TOWNSHIP COMMITTEE ARE the owners a's a Connecticut Claimant of THIRTY-NINE Acres and FORTY ONE perches of Land in the Township of WILKESBARRE, one of the before mentioned seventeen townships, BEING THE PUBLIC SQUARE IN THE TOWN PLOT THEREOF, AND THE PUBLIC COMMON ON THE RIVER BANK BETWEEN THE RIVER SUSQUEHANNA AND THE TOWN PLOT, which SQUARE AND COMMON were severally occupied and acquired by a Connecticut Claimant and actual Settler there before the time of the Decree of Trenton, and was particularly assigned to such actual Settler, prior to the said Decree, agreeable to the regulations then in force among such Settlers. The said Land (a Draught of Survey whereof is hereunto annexed) is included in the application of MATTHIAS HOLLENBACK, JESSE FELL & LORD BUTLER TOWN COMMITTEE under the provisions of the acts aforesaid; of which application an official transcript has been trans- mitted to us from the Land Office of the Commonwealth of Pennsylvania, number 772 of the said Tracts. THE WHOLE IS OF THE FIRST CLASS.
"JANUARY 21st, 1804.
"THOMAS COOPER "JOHN M. TAYLOR .* "
*JOHN M. TAYLOR had succeeded Gen. John Steele on the Commission in this year.
26.4 PS
Towy LOTS
TOWN LOTS.
S. 10. 20 W.
CENTRE SQUARE.
4AS. 41 Ps.
N 79 40 W. 27.4 Ps TOWN I OTS.
S. 10. 20. W. 26 4 Ps. TOWN LOTS.
CONTENTS
AS
PS.
35.
-
4
41.
39
41.
TOWN LOTS
S. 34. 40 E.
S. 55 20 W. 257.9 P's.
S. 34. 40 E.
32.6
THE RIVER BANK, 35 ACRES.
24 Ps.
S. 443% W 61 Ps.
S. 4912 W. 70 Ps.
S. 60 W.
129 Ps.
SUSQUEHANNA RIVER
Draft of a survey of the Public Square and River Common, title to which was confirmed by Pennsylvania January 21, 1804.
N 79. 40. W 27.4 P's.
1755
On December 8, 1801, it was announced that Joseph Hitchcock, who then had the contract for building the meeting house, was the successful bidder for the court house, on plans which had been secured for the sum of $17.06, of a like building at Fredericktown, Maryland. "The size of the building," according to the Federalist, in publishing the announcement, "is to be 63 feet front and 53 feet deep." "It is generally accounted," continued the publication, "to exceed in point of elegance and convenience, any other building that has come to the commissioners' notice. The terms of the contract, it is thought by all who are acquainted with them, to be advantageous on the part of the county; and it is hoped they may prove equally so, on the part of the builder." The site of the contemplated building required the removal of the log structure to another part of the Square, hence it was given a place in the north west triangle, back of the meeting house, and facing out West Market street.
The building, according to the contractor's estimate was to cost $9,356.06 furnished, including removal of the log structure; and a summary of accounts of the County Commissioners indicates that very little additional money was expended, when the building was completed. What delayed the progress of construction of the new building is not a matter of record. In the December 1st issue of the Gasette, in 1800, is found an advertisement by the contractor, as follows:
"The subscriber has contracted to complete the court house in the town of Wilkesbarre. He will be enabled to afford his apprentices an opportunity seldom to be had in this county, of becoming acquainted with the carpenter's trade in all its branches. Two or three lads of good character are wanted. JOSEPH HITCHCOCK."
Work actually proceeded the following spring, the timbers being "raised" as was the custom, by volunteer workers, in June, 1801. Pearce, in his Annals: 244, relates that "There were thirty-two and one-half gallons of whiskey used at the raising of this building; a fact which demonstrates either the great capacity of the people of that day for ardent spirits, or else the presence of a large number of consumers."
From items in the County Commissioners' accounts, we find that they expended the sum of $3,582.64 (including the item of whiskey) in the year 1801, also the sum of $271.74 on repairs of the old log building. In 1802, they spent an additional sum of $2,373.67 on the new building, and in 1803, the sum of $784.31, as the building neared completion. In the meantime, court was being held in the log structure. At the fall session, 1804, the new building was dedi- cated, Judge Rush, delivering a short address, congratulatory in tone, upon that occasion. The building, when completed, was in the form of a cross, with a low tower and belfry, in which, in August, 1805, a smaller bell than that which after- ward hung in Old Ship Zion was installed. In a wing, pointing northward, on the lower floor of the building, was the main court room, the judge's bench on one side, and a gallery running the length of the opposite end. Various county offices were situated in the other wings on this floor. On the second story was a large room, which was used as a sort of community center, by church congre- gations, until the completing of the meeting house; as a dancing school at times and, upon state occasions, as a ball room.
The building was sheathed in one inch boards, grooved to resemble stone, the grooves painted white, the balance of the building red. The cornice was of yellow pine, handworked. The basement of the building was, for a number of years, leased as a butcher shop and later became a restaurant, with bar attached
·
1756
For more than half a century, the building was used for judicial purposes. Judge John N. Conyngham in his address, in 1856, delivered on the occasion of the laying of the corner stone of the third court house, remarked; "Upwards of fifty years seems a long period for litigation and dispute among an active and a growing people; yet, it is believed, that the scales of Justice have been balanced as evenly within these walls as human knowledge and human frailty would allow."
The judges of the Supreme Court, who sat in this court house and in the original log building, were Justices Mckean, Tilghman, Breckenridge, Smith, and Veates. "There were some ceremonies," says Judge Conyngham, in the address before quoted, "connected with the courts, now entirely abrogated, and which in fact, would be annoying in the present day, which are worthy
LUZERNE COUNTY'S SECOND COURT HOUSE. Completed 1804.
of being noted in the records of the past. At the opening of every term, the Sheriff, with his staff of office, attended by the Crier of the Court, and frequently by several constables, waited upon the judges at their lodgings, and then conducted them in formal procession to the court house. Judges Mckean, Smith and others, of the Supreme Court, always wore swords when they at- tended court-some bearing rapiers and others heavier weapons."
"In this secluded spot, the weeks of court, years since, attracted more of interest in the inhabitants than is found at present. They were decidedly, as tradition remembers and brings down to us, gala days, and periods of fun and frolic. The lawyers were assembled from various parts of the state, and, while business was not so burdensome and pressing as it is now, much time was afforded
1757
for amusements. It was but a day or two since, in conversation with a lady of our town, about these bygone days, that she seemed to be young again in the liveliness and vivacity of her recollections, as she described the public and private gatherings, and especially the court ball, which was held every term in the upper room of the court house." .
One thing the new court house building did not provide, and that was jail accommodations. The lower story of the log building, even after its removal to a new site, continued to be used for the purpose. The need of a better and more secure place of confinement was emphasized on August 25, 1891, when William Lothrop of Dutchess County, New York, succeeded in escaping, a few days after
H
LUZERNE COUNTY JAIL. Completed 1808.
being sentenced, by Judge Rush, to twenty years in state prison. Sentiment of the time did not favor locating the jail on a vacant portion of the Public Square, hence the County Commissioners purchased a lot about two hundred feet square, on the south side of Center (now East Market) street, extending from the inter- section of the present Washington and Market streets, westerly to a point about half way to the Square. The sum of $538.50 was involved in the transaction for what is now one of the most valuable real estate tracts of the city, the deed bearing date of February 12, 1802. The Federalist of March 22nd, of the same year, carried an announcement that the Commissioners, Messers Myers, Black- man and Colt, would receive proposals for "stone of sufficient size and quality to build a goal and goal yard." In the publication appeared a further call for proposals "for plastering the new court house, and furnishing materials and build- ing a fence around the same."
In 1803, but little work appears to have been done in erecting the building, the Commissioners' accounts showing but $835.70 expended for that purpose. Work progressed more rapidly in 1804, when the work of construction called for an expenditure of $3,356.62.
From that time forward, until completion of the building in the spring of 1808, the work dragged discouragingly; due in part, as the Commissioners felt called upon to explain, to scarcity of funds, slowness in the delivery of material,
1758
which was quarried on Harvey's Creek, and, at times, to a failure to secure ma- sons familiar with their work. The final items of expense were for the delivery, in February 1808, of an iron door and an iron grate made by Joseph Slocum at his blacksmith shop. The first appointment as jailor for the new prison was Isaac Hewitt, who was succeeded shortly after the building was put to its new use by George Stewart.
In its issue of July 1, 1808, the Federalist narrates a story of an attempted escape from the new jail, which rivals the desperate measures of modern times in subterfuge and daring. Under the largest headline which had appeared in that publication since its establishment, the story was narrated as follows:
CONSPIRACY!
"Two prisoners have been for some time confined in the Goal of this town on criminal charges. Seward, for passing counterfeit money. Dodge for stealing.
"When Seward was taken, a lady was his companion. She was secured for a few days, and then as nothing appeared against her, was liberated, and has since lived in the neighborhood. "Seward, for some time past, has been so ill as to require the attention of a physician, and at all times has been treated by Mr. Stewart, who keeps the prison, and his wife, with all the hu- manity his situation could require.
"Last week, the family who reside in the prison, were two or three times alarmed for Seward, as he was taken with fainting turns, and appeared as if expiring. On Tuesday last, he was so ill that Mr. Stewart left them fire and a candle, to light if necessary.
"About 12 o'clock at night, Dodge called in the most urgent manner for help, as Seward had fainted and was dying. Mr. and Mrs. Stewart ran into the prison, with all possible haste, and found Seward gasping for breath, and with the utmost tenderness, they endeavoured to relieve him, when Dodge seized the stump of a broom, the splinters of which they had burned off, for the purpose, and struck Mr. Stewart over the eyes. The dying man sprung from his bed, and the two prisoners, with the most dreadful threats, ordered Mr. and Mrs. Stewart to the back side of the prison, a smart contest ensued, and Mrs. Stewart, seeing a knife lying upon the floor, which appeared sharpened for the service, and hearing them threaten her husband with death, immediately seized Dodge, and with a heroism that does her the highest credit, dragged him into the street and called for help, and notwithstanding, Dodge beat her in a most cruel manner, she retained her hold, constantly hollering for assistance.
"In the meantime the dying man and Mr. Stewart had struggled to the door of the prison, when some of the neighbors arrived, and the fellows were secured. On searching the prison, a saw, file and other tools were found, and two knives sharpened, with which it is supposed they intended to further their escape, if other means failed.
"The spirited conduct of Mr. and Mrs. Stewart does them much credit."
The fourth and last public building of the time to occupy a portion of the Public Square, was what became universally known as the "Fire Proof.".
This building was intended to house all offices of the court house, entrusted with the keeping of valuable records. The then County Commissioners, Elisha Harding, Hosea Tiffany and James Wheeler, used the Federalist of May 6, 1808, to call for proposals "for a Public Building, Fire Proof, sufficiently large for the accommodation of the several public offices, and safe keeping of the pub- lic records and papers of the County."
Its site was selected on the easterly triangle of the Square, and as near the new court house as circumstances would permit. It will be remembered that, at this time, and until the third court house was begun in the year 1856, both Main and Market street continued on through the Public Square, intersecting at its center. Had one stood, in 1808, in the middle of these intersecting streets, where (in 1923) is located the Public Square fountain, he would, by looking down South Main street, have seen Old Ship Zion on his right, with its entrance and graceful spire facing south. On his left would be found the new court house, with its entrance, opening off from Main street, as it passed through the Square. Then, were he to turn facing North Main Street, he would find the foundations of the "Fire Proof" on his right, with its entrance on the Market Street extension, opposite the court house. On his left, with its longer side parallel to West Market Street, he would have found the old log court house, converted into the Academy.
1759
The "Fire Proof," like the county jail, was stone, two stories in height. with shingle roof. The same masons who laid up the jail walls, were continued on the newer structure. Like the jail, and, in fact, like all public buildings of the period, what seems today to have been an unnecessary time was consumed in its construction. It was begun in the early summer of 1808, and was not ready for occupancy until the spring of 1812. It boasted a vault, with an iron door, for the housing of more valuable records, but the inflammable nature of its interior finish, belied its popular name.
As had been noted by an observer. Wilkes-Barré, in the years of 1800 and 1801, "was in agitation to build a turnpike to Easton." The spirit of improve- ment was in the air. Pennsylvania was leading all other states, not only in mile- age of "artificial" roads, as they were then called, but in the scope of work pro- jected in this direction. The Philadelphia and Lancaster turnpike, had been the first of this type of road constructed in the United States. In an address
1ª
C
STREET
D
F
MARKET
STREET
E
B
MAIN
A
A COURT HOUSE
B OLD SHIP ZION.
C ACADEMY.
D PUBLIC OFFICES
E MARKET HOUSE.
F TOWN PUMP.
PUBLIC SQUARE IN 1850
before the Pennsylvania Historical Society, delivered by J. R. Tyson. in Novem- ber, 1831,* it was stated that, "between the years 1791 and 1831, there was ex- pended out of the state treasury, and by corporations on turnpike building, the sum of $37,000,000."
"Since the year 1792," continued this narrative, "168 companies have been incorporated for the purpose of building turnpikes, and it has been calcu- lated that roads have been made by these societies to the extent of 3,000 miles."
On March 4, 1786, a petition had been presented to the Pennsylvania Assembly, by divers citizens of Northampton County, praying "that commis- sioners be appointed to examine and lay out the most convenient and direct road from the Wind Gap, or Blue Mountains, to Wyoming."
Nothing, however, seems to have come of the matter by way of securing state aid to the enterprise. The Sullivan road was then considered to offer sufficient facilities of travel, between the two districts.
*See, "Hazard's Register." VIII: 313.
1760
Colonel Pickering was active in the matter of Wyoming roads while Commis- sioner. In 1787, in a letter to the Council, advocating improvement of this road, Colonel Pickering gave the distances from Wyoming to Philadelphia via Bullock's, Luce's, Learned's, Heller's, Nazareth and Bethlehem, as seventy miles, with fifty- three additional miles from Bethlehem to Philadelphia, or a total of one hun- dred and twenty-three miles for the journey. The route thus described, indi- cates that after reaching the Wind Gap, the Sullivan road to Easton was not then used; another road from Heller's to Bethlehem, being substituted via Nazareth .*
Colonel Pickering also failed in interesting the Assembly to the point of securing financial aid for the enterprise, although, as has been noted in a previous Chapter, he did secure appropriations from the Commonwealth on an unsurfaced road from Northumberland to Shickshinny, and from a ferry connection with the latter community, westward to the Lehigh River. Neither the county of Luzerne nor its townships, had been remiss, however, in the opening and main- tenance of ordinary roads. Judges had been punctilious in the appointment of road supervisors, from the very first session of Court, after the county was erected. In fact, the first record of Court sessions now on file in the Clerk of Courts office, is a small volume erroneously labeled "Road Docket No. 1." Whoever had ordered this volume rebound in the distant past, had turned its pages to discover that most of the contents, in the handwriting of Colonel Pickering, related to roads and their supervisors, and had jumped at the conclusion that it dealt exclusively with that subject.
But no such momentous accomplishment as an "artificial" road, had ap- proached Wilkes-Barré from any direction in 1803. Indeed, the construction of any such highway, excepting along the flat river stretches, seemed a colossal undertaking of the time. Any road to the Lehigh and beyond, meant scaling the Wilkes-Barre mountain through one of its numerous passes; the construction of long portions of the highway through a rough, heavily timbered and unin- habited mountain section, at great expense, and no definite assurance that money invested in the enterprise would ever yield a return.
*The following account of an overland trip to Philadelphia, in 1795, is taken from a diary kept by John Hurlburt, son of Deacon Jobn Hurlburt, who had occasion to make the journey in that year:
Hanover, Pa., Jan. 20, 1795 .- Tuesday commenced my journey to Philadelphia. In the bitterness of the morning a most violent cold day. Warmed at Fell's, (in Wilkes-Barre,) which cost me 11;2 d., then on to Chapney's, 51/2 d., and at night arrived at Perrinvalts; the roads tolerable good sleighing, but exceedingly slippery, which worried me very much. 1 wanted good, warm nourishment, but found none but cold meat. Eat but little, was very sick, bad hard lodgings, but blessed be God, I was much better in the morning. Paid 1912 d., and went on 372 miles to Berry's. Took breakfast with a good appetite, paid Is. 10d. At night arrived at Hiler's found exceedingly good entertainment and the smiles and good deportment of the Land Lady increased my liberality. In the morning I obtained liberty and rode in a sled that was going on my road, whose owner was uncle to Hiler by the name of Diets. He was of uncommon composition made up of a body similar to Doctor Davis, with a Dutch brogue, a humane heart, and a noble soul. "After I had 4s. 3d, at 11 o'clock, Thursday, 22d, I mounted on four huge sleds and we moved on. The day warm, the ground stony, the sled heavy and the horses lazy. However we reached Bethlehem at 5 o'clock; here I paid 2s, Jed. freight, and on bis invitation I again got on board and left town after candle light and rode 12 miles to his own bouse. Arrived safe at 10 o'clock, almost perished with cold; took refreshments, tasted Dutch cheese. * * * However, was treated with great kindness; had my hand bathed, which was very swelled and painful. Had a present of seed of a plant new to me, to be planted May 1 and poled like beans, which would make a wash good for swellings. At 12 went to bed, slept well and arose at 6 o'clock. Experienced a great deal of kindness from the whole family; had my hand carefully attended to; was compelled to stay to breakfast; the children filled my pockets with apples.
"I left his house in Milford at 9 o'clock on Friday with my body much refreshed and my spirits cheerful, which caused me to sing like Christian when he had found his road. This day cloudy and I traveled fast, the snow melted, the sweat ran, and at night the "Pilgrim" had arrived on his journey 33 miles, paid 2s. 6d. and went to bed. This night I rested well, and in the morning paid 2s. 7d. and travelled to Germantown in a doleful storm of hail, the snow baving fallen last night shoe deep. Here I ate the value of the money I paid, which was 2s. 2d. Now the weather grew warmer the wind blew, the snow melted, the rain fell plentifully, and I waded on towards Babylon, that great city.
"At 12 o'clock on Saturday, the 24th of January, 1795, I arrived at Philadelphia, with 4 shillings in hand, one-half of which went from me to get leave to warm and dry with boldness at the stores. And at 4 o'clock took lodging at Col. Farmer's, in company with the most disagreeable gentleman I ever saw.
"At half past ten the house was cleared, the doors shut and I went to my chamber and heard no more uotil Sunday morning at 7 o'clock; arose and got barber trimmed and went to church. Mr. Green spoke from Mathew 11:28, in tbe meeting house, where Mr. Sprout used to preach. I take him to be a Christian. The assembly was thin, but the deportment of the people was sober and becoming. This morning and all day exceeding snowy so that I believe some thousands of men and boys have been engaged in shoveling the snow from the sidewalks in the city. This evening I had a religious conversation with my landlord with none present but ourselves.
"Early on Monday morning went on business; walke dall the principal streets in the city with Esq. Carpenter; saw many magnificent buildings but not many curiosities. I have now formed a superficial acquaintance with the great city of Philadelphia; finished my business; had a fine pleasant day, and now I wish to be in readiness to hasten home.
1761
But the need of such a highway was imperative to the growing settlement at Wyoming, and men came forward with sufficient vision and initiative to undertake it.
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