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 81
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as a packet had been found with him which had fallen into the hands of Government. Upon which Judd exclaimed: "Oh, hell, hell, hell! They have now got the whole of it!"
In the fall of 1787, Samuel Gordon, a surveyor, who had been securing data to support the claims of Pennsylvania in its boundary dispute with New York, returned to Wilkes-Barré from the upper Susquehanna region. He took occasion to write Colonel Denison, of the Council, the following information he had gathered on his trip :*
"Wilkesbarry, 24th Nov'r, 1787. "Sir,
"In my epistle to you whilst you were in Philadelphia I forgot to inform you of a certain Smith, a Scotchman, long visaged, much broke with the small-pox; who I take to be one of Mckinstry Beach Levingston's & Co's., emissaries, who taking me to be of a like turn of mind with himself informed me their intention was not to ask the protection of any State, that they ment to govern themselves, and if molested protect themselves against any, or all the states. If they found themselves unable to stand against the States, call for the assistance of the British, being an independent people, should have a right to request & receive the Protection of any state or Power.
"In order to incourage Settlers to come into their country & settle, I see a writing in the hands of the above Smith signed by Mckinstry & Allen signifying that Each settler should have a certain Quantity of Land gratis, &c., &c., Subtill arguments are made use of to persuade the people to repair to a new Country to avoid the heavy Taxes their new masters lay on them, that they would be much easier under their former yoke.
"I shall not trouble you with arguments I have made use of to deswade some, who I think have seen their error.
"I am Sir, your most obed't Serv't. "SAML. GORDON."
It would prove too much a one-sided argument if nothing of denial to some of the documents in the hands of Pennsylvania were available. The defense of Colonel Franklin probably never was carefully prepared, owing to a fore-knowledge on the part of his counsel that the weakness of the prosecution, as well as expediency, would never permit the case to reach actual trial. Absence of documents relating to such defense is, therefore, not surprising. Zerah Beach was one of those named by Pennsylvania, as connected with the new State. He was well and favorably known in Wyoming, hence what he might have to say is worthy of attention. Shortly after Col. John Franklin's arrest, he declared him- self fully. Moreover, he left to posterity, the terms of a document then known, and mentioned previously herein, as the "Combination." That this document was frequently confused with actual references to a new State, and sometimes confounded with an alleged Constitution itself, there can be no doubt.
The Hudson Weekly Gazette, published at Hudson, N. Y., under date of November 8, 1787, carried a defense of Colonel Franklin and his party over the signature of Zerah Beachı which, in part, read as follows:
"Whereas, a torrent of odium is drawn on the people of Tioga, Wyoming, and the inter- vening settlements on the Susquehanna, occasioned by the malicious insinuations, and false representations of enemies lurking among the inhabitants of that country, who have industriously labored to brand them and their associates-to wit, the Susquehanna Company- with the opprobrious epithets of Disobedient, Refractory and Rebellions; insinuating at the same time that they were entering into an alliance with the British at Niagara, with the Tories, Indians. and others for the purpose of introducing British government within the limits of the United States; or that a new State was to be instituted-by which means the characters and properties of the settlers and their associates have sustained repeated injuries, and still are suffering unjustly. And whereas the above representations are entirely contrary to the ideas and intentions of the people on that ground, who have uniformly declared that they wanted nothing more than the peaceable possession of their properties; but was-as there is great reason to believe-done by the internal enemies of that Country, who have been bought by the land-jobbers of Pennsylvania; the latter of whom would willingly use every exertion in their power to root out the Connecticut settlers at Wyoming, and who, for the same reason are ready to catch at, and exaggerate every aspersion which has been or may hereafter be levied against the characters of those individuals, who have taken the lead in the affairs of that settlement.
"And whereas it further appears that the influence of those land-jobbers has furnished the State of Pennsylvania with a pretext to exclaim Treason, Rebellion, etc .- to quell which *See "Pennsylvania Archives." X1 :361.
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the settlement is now threatened with an armed force, the bottom of which machination looks like a design to add to the distresses of the people at Wyomning. Therefore, to prevent these evils in future, and that the public may be undeceived, and the real intentions and ideas of the settlers and their associates made known, I think it my duty to republish the following Com- bination, viz: (This "Combination" consists of a Preamble and the following) :
"Therefore, we hereby jointly and severally pledge our honours and all our properties, real and personal, that we will use our utmost exertions for the protection and defence of each other in the possession of the aforesaid lands against all invaders; and also for the defence of all such as will join with us in this Combination; and that we will unequivocally adhere to everything comprized in the above declaration.
"We also hereby declare to the public that we will lay no claim to lands under any other title but that of the Susquehanna Company in the before-mentioned purchase.
"The foregoing Combination* was drawn at Tioga sometime in the month of September last, and was readily signed by nearly all the people at and near that place; and from repeated conversation with Col. Franklin on the subject I was confident that it would meet his approbation. Therefore, by the advice of Col. Mckinstry, Capt. Allen and others, I sent it on to him at Wyoming by Mr. Starkweather; but before it reached that place, Col. Pickering was taken prisoner to Phila- delphia. I have since been at Wyoming, and upon exhibiting the Combination was happy to find that it was generally approved of by the people in that settlement. (Then follows state- ments and arguments as to the rights etc., of the Connecticut people and theirs.)
"Therefore we hope and believe that all friends to the distressed settlers in that disputed country will be excited to point out and publish whatever errors they may discover in the fore- going composition, and offer the reasons, if any there be, why the Susquehanna Company ought not to remain in the peaceable possession of the whole of their purchase; And if nothing shall appear against the sentiments herein contained, I shall consider the silence of the public as an acknowledgment of the righteousness of our cause, and shall expect, the ensuing year, that, while we demean ourselves as good citizens of the State claiming jurisdiction over us, we shall receive no molestation in the prosecution of our lawful business in that country."
With the above presentation of the gist of evidence pro and con which seems available on the subject of the "State of Westmoreland", the reader is left to his own conclusions. While Pennsylvania never had possession of a draft of the Constitution itself, it was a well measured strategem to permit the Franklin Party and others to be left under the impression that it had such evidence ready for use in emergency. Were Colonel Franklin tried, there would be disclosed this lack of a most important link in a chain to incriminate him. Thus, through no effort of Pennsylvania, was the chain incomplete.
That whatever evidence was in the hands of New York authorities actually reached the Council, may be learned from a letter from Secretary Biddle, dated October 29, 1788, addressed to Attorney General Bradford of Pennsylva- nia, stating: "By the Sheriff of Luzerne County, we are forwarding the papers that have been transmitted by the Governor and Chief Justice of New York."
The Attorney General was then at Easton, from which point he advised the Council on November 2nd, that "The Judges set out for Luzerne tomorrow. John Franklin went forward this day under the custody of Sheriff Butler."
*In the "Pennsylvania Archives," X1 : 194, a list of the signatory list of names appended to the Combination is given In the great majority, they were "Half Share" men and other recent arrivals residing in the upper Susquebaona The list follows:
country.
John Mckinstry,
Waterman Baldwin,
Simon Shepard,
Zarach Beach, John Spalding Joseph Marshall,
James Therinlon,
Benjamin Allen, Thomas McClair.
Solom'a Bennett,
Eldad Kellog,
Avery Grove, John Cole
Joel Thomas,
Chester Bingham,
Simon Spalding,
Joseph F. Thompson,
Stephen Fuller.
Abel Maringer
James Fanning,
Lebbeus Hammond.
Thomas Spalding.
John O'Neal,
Benjamin Clark,
Abraham Brohaw.
James Dolson ,
Jeremiah Skeer,
Samuel Southard,
Stephen Dolson,
Joseph Spalding,
Othriel Campbell,
Jno. Moorecraft.
Joseph Kenney,
Abraham Spalding,
Samuel Gore,
John Garey,
Jacob Collins,
Peter Douhon, Jacob Snelf,
Thomas Brown,
James Witney,
Christian Kress,
Jon'h Harris,
Nathan Herrington, Jr ..
Nathan Herrington.
Jon'h Harris, Jr.,
Moses Depui
Chornelins MeDanul,
Martin Young,
Jacob Herrington,
Nicholas Depui, Jr.,
Walter Walrue,
Prince Bryant,
Peregrine Gardner.
Abm. Minur.
John Simpson, Jr.,
John Fuller,
Alexr Simpson, Jr ..
John Simpson.
John McClure.
Joseph Tyler,
Joseph Thomas,
John Kortwright,
Samuel Bewellman.
Jacob Kress,
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Knowledge of the approach of the famous prisoner, no less than the im- pending arrival of the august Supreme Court, for its long expected first session, was a matter of great moment to the infant County.
It is narrated that, when the cav- alcade of distinguished jurists neared the Wyoming valley, a delegation of citizens went forward to receive them. Reaching "Prospect Rock" on the western face of Wilkes-Barré moun- tain, the visitors (as are all others who catch the wonderful vista opening be- fore them from that vantage point) were charmed into silence. Chief Jus- tice McKean was first to break thespell by declaring "It is indeed a lovely spot-I cease to wonder that it has so sealously been contended for."
The Court was opened in due form on the morning of November 4th, with the Chief Justice presiding. With him sat another distinguished member of the Court, Justice Jacob Rush. Edward Burd, Prothonotary of the CHIEF JUSTICE THOMAS MCKEAN Court, had accompanied the party and recorded its proceedings in a most matter of fact manner.
Colonel Franklin was the first offender called .* He had been previously indicted on a charge of high treason in endeavoring to "subvert the Government and to erect a new and independent State in the room and stead thereof." He had brought counsel with him from Philadelphia in the persons of the Hon. Charles Biddle and George Clymer, Esq., both of whom were distinguished at the bar of the Commonwealth, and each of whom had held office high in its councils. The procedure differed but little from the ordinary. Colonel Franklin's counsel moved a postponement of the case on the ground that important witnesses for their client were not present. This was granted, but Colonel Franklin was
*A return of Grand Jurors summoned for the Supreme Court to attend on the 4th November, 1788.
Zebulon Butler,
Wilksborough.
Farmer
Matthias Hollenback,
Wm. Hooker Smith,
Benjamin Carpenter,
Kingston
Nathan Kingsley
W'yalusing; Kingston.
Innkeeper
Abel Peirce
Farmer
John Hageman,
Innkeeper
W'm. Trucks,
Farmer
James Sutton,
..
Miller
Thos. Bennet,
..
Jobn Dorrance,
Jobn Hollenback,
Wilksborough.
Innkeeper
Jesse Fell.
John Paul Schott.
Jabez Fish.
..
John Staples,
:
Abraham Westbrook,
..
Blacksmith Farmer ..
Jonah Rodgers,
Plymouth, . .
Samuel Allen. Robert Faulkner,
.. Miller
..
Lawrence Myers,
Farmer ..
Jobn Allen,
Farmer :
Benjamin Bailey.
Christopher Hurlburt,
Hanover.
Merchant Farmer :
All of the foregoing were present except Kingsley and Rodgers; Sutton and Fell were affirmed, and the others were sworn, as Grand Jurors. The document is signed "A True return-Lord Butler, Sheriff."
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again remanded to jail at Easton until the witnesses could be secured, or the case otherwise disposed of.
Of the twenty-seven indicted for direct participation in the abduction of Colonel Pickering, or concerned as accessories to, or advisers in, the abduction, nine had previously plead guilty at preliminary hearings and had been brought up from Easton for sentence.
In the "Pennsylvania Archives," pages 419, 420, 421 and 546, are printed the records of conviction of six abductors actually placed on trial during this session of the Court. The six were :- Joseph Kilborn, Darius Parks, Benjamin Abbott and Nathan Abbott, Jr. Zebulon Cady and young Aaron Kilborn who was the "Hillman" of the Miner story previously mentioned .* The Abbotts were each fined twenty shillings, Cady was given a jail sentence at Wilkes-Barré for three months, and young Kilborn, perhaps due to the intercession of Colonel Pickering in his behalf, received sentence of one month in jail.
Records of the Supreme Court, in all these cases, read much alike. As a matter of interest, the entry made in the trial of Kilborn and Parks is given below :f
"I certify that at a Court of Oyer and Terminer and General Gaol Delivery held at Wilkes- borough for the County of Luzerne the fourth day of November, in the year of our Lord one thou- sand seven hundred and eighty eight, before the Honorable Thomas Mckean, Esquire, Doctor of Laws, Chief Justice, and the Honorable Jacob Rush Esquire, one of the Justices of the Supreme Court of the Commonwealth of Pennsylvania, Joseph Kilborne and Darius Parks of Luzerne County, Yeomen, were indicted tried and convicted by a Jury of the Country, for that they together with a number of others, on the twenty-sixth day of June, in the Year of our Lord one thousand seven hundred and eighty-eight, at Wilkesborough in the said County, with force and Arms, to wit, with Guns, Knives, and Tomahawks, unlawfully, rioutously and routously did assemble and gather themselves together to disturb the peace of the said Commonwealth, and so being assembled and gathered in and upon Timothy Pickering, Esquire, (then and still being Prothonotary of the Court of common pleas, holden in and for the said County, Register for the probate of wills and granting Letters of Administration and Recorder of Deeds in and for the County aforesaid, and one of the Commissioners appointed by the Commonwealth for ascer- taining the Claims of the Connecticut claimants to lands in the said County), and the peace of God and of the Commonwealth aforesaid then and there being unlawfully, riotously, & routously did make an Assault on him, the said Timothy, then and there unlawfully, rioutously, & routously did beat & ill treat him the said Timothy Pickering Esquire, and then and there did unlawfully rioutously & routously bind with cords, imprison & of his natural Liberty, deprive, and him the said Timothy Pickering, Esquire, so bound as aforesaid, with force and Arms, &c., unlawfully, riotously & routously and against the will of the said Timothy, did take and convey away into lone & desert places in the said County, and him the said Timothy Pickering, Esquire in the said lone and desert places from the day aforesaid until the fifteenth day of July in the same year, bound with Chains and exposed to the inclemency of the weather, unlawfully rioutously and routously did keep, imprison & detain, with a seditions intention to compell and procure the discharge and Release from Gaol of one Jolin Franklin, then lately before arrested, & committed to the Gaol & County of Philadelphia charged with High Treason against this Commonwealth & committed for the same-to the great damage of the said Timothy Pickering, Esquire, to the evil Example of all others in the like Case offending and against the peace and dignity of the Commonwealth of Pennsylvania. Wherenpon it was considered by the said Justices, that the said Joseph Kilborn should pay a fine of one hundred Dollars to the Commonwealth and the Costs of Prosecution and be committed to the common Gaol of Luzerne County for the space of six calendar months, that is 'till the sixth day of May next, and that Darius Parks pay a fine of fifty dollars to the Commonwealth of Pennsylvania and the costs of Prosecution, and in the meantime remain in the Sheriff's Custody.
"EDW. BURD, prot. Supr. Court."
Not more than half of those indicted at the previous session of the Grand Jury seem to have been tried or sentenced at this time, unless records of the Court are incomplete.# That they are, is evidenced by a letter dated November 15, 1788, and now among the "Pickering Papers", which states that Stephen *A letter written subsequently to the trial by Colonel Pickering to President Muhlenburg, speaks of the lad as follows "Aaron Kilborn is a lad of about 15 years old. He joined the armed party after I was taken-has been indicted. & pleaded guilty. The manner of his being apprehended (which was about the 15th of August) is certified by Doctor Smith. "
tSee "Pennsylvania Archives," XI : 419.
#What apparently were summaries of the testimony of various witnesses delivered at this session of the Supreme Court and were found among papers relating to the trial at Wilkes-Barre, are collected on page 358 of the "l'ennsylva-
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Jenkins and Thomas Kinney were convicted at the same time, the former re- ceiving a sentence of six months in jail.
In Miner's account of the matter, (page 438) which he obtained from some of those concerned, is narrated that three were tried and acquitted.
"'A fine of 20 shillings, and six months imprisonment was imposed on four of them' con- tinues Miner, 'fifty dollars without imprisonment on another. Those who submitted to the Court [plead guilty] were fined each $100.' Of the 'poor creatures' imprisoned, all escaped, that is went home without let or hindrance immediately after Court adjourned. Stephen Jenkins alone remained, who would not go. It cannot have escaped the sagacity of the reader that, with all the hardships of epithet used by Col. Pickering, he was at once too politic, too placable, far too noble minded, to desire that the rioters should suffer, and doubtless connived at their escape. We believe that none of the fines were ever collected. It is worthy of note that the Rev. Jacob Johnson, could not or would not suppress the ebulition of his Yankee ire, at the course of the proceedings. He made the pulpit echo with his soul stirring appeals.
"So open were the denunciations of the pious old man, that he was arrested, called before McKean and obliged to find security for his peaceable behavior."
Determining who should be paid the awards offered in the Proclamation issued by the Supreme Executive Council, seems to have given trouble, not alone to Colonel Pickering, who drew up his opinion on the subject and forwarded it, but to that body itself. The Council appointed a committee of its members to investigate many conflicting claims which had been presented, not only in the Pickering report, but from other sources. On November 25, 1788, this committee made the following recommendations to the Council as to these claims:
"The Committee to whom was referred the letter of Col. Pickering, Bearing Date, Novbr. 15th, 1788, relating to the reward for apprehending the rioters at Wyoming in pursuance of a proclamation of the eighth day of July last, Reports:
"Aaron Kilborn being taken by a Constable on a Justices Warrant on his way to give himself up to be tryed for an Offence said to be committed in taking Col. Pickering. The person who apprehended him is entitled to no reward, only the fees due him for Executing the Magistrates' Warrant.
"Zebulon Cady taken by Squire Smith's two sons, is justly entitled to the reward named in the Proclamation.
"Stephen Jenkins, convicted, and the reward to be paid to the party who first took him ; he being on parole when the second party apprehended him.
nia Archives." They are not dated, but are written in the hand of Prothonotary Burd, although not signed by himt. They read as follows:
"The evidence of Joel Whitcomb.
"The s'd Joel testifys that one Aaron Kilbourn told him to tell Mr. Keeney (the Prisoner.) that he must come down to Captain Dudley's, for the Troops were coming up, and if the Troops should not be at Mishoping to go down as far as Tankhannak. This same information, by special direction he gave to Garret Smith, who replied that he hurt his arm and could not very well go. The said Witcomb further testifies, that in the afternoon (on the same day,) he was at Dudley's Mill and saw a Number of the Rioters there, among whom were Daniel Solomon & Benjamin Earle, Gideon & Joseph Dudley, David Woodward and some others whom he knew not. In general they observed that they must have s'd Keeney & said Smith along with them. He further says that a bag of flower was taken out of a Canoe and carried to Mr. Kilbourn (the Prisoner's house,) to he baked for the Rioters. He further heard them say after the Troops had come up the River that they had fired on them and would again when opportunity offer'd." "Mr. Keeney, [Kinney] the Prisoner.
"Says that he has been seen under arms he supposes since the taking of Colo. Pickering, but his Reasons for it were these. Wanting some tobacco and Cabbage Plants and hearing of none nearer than Mr. Parke's he took his Canoe and arms went after the plants with an intention, (after getting them,) to hunt up Mahooponer Creek. He saw the Rioters and says that those mentioned by the above witness were among them. He wholly denies of ever joining them or in the least countenancing their imprudent plan, Captain Dudley and Mr Kilburn, meaning the Prisoners did countenance the proceedings."
"Elijah Reynolds, Prisoner.
"Says that he saw some grain in bags carried to the Rioters from Mr. Tyler's house by one of Mr. Kilbourn's boys, but denies of ever having aided, or in the least assisted the Rioters. He knew nothing of the plan of taking Colo. P., untill informed by Tyler's family. The Rioters informed of nothing what their designs were, but he imagined. altho they said, when they began their march that they were going a hunting, their designs were to take Colo. P." "Joseph Earl, Prisoner.
"Says that he knew nothing of the plan of taking Colo. P., until it was accomplished; at the time his Sons and others went down the River he was returning from Wilkesbarre home On his arrival he found his wife in tears, and upon requesting the cause, she said the Boys were gone to take Col. P .- -- and a little time afterwards, they returned to his house & Colo. P. a Prisoner with them. They all tarried a while at his house; and towards evening Colo. P. was taken across the River. His three Soas, two Dudleys and Hyd carried him over."
"Ephraim Tyler, Prisoner, issuing Commissary.
"Says that the Rioters had of him eighteen pounds of Pork, but denies that he ever was privy to the plan of taking Colo. P."
"Martin Dudley, Prisooer.
"Says that he was intirely ignorant of the design and plan of taking Colo. P- until after it was accomplished. He has uniformly advised his Sons since aod others concern'd, to release Colo. P. and submit themselves to law." "Joseph Kilbourn, Prisoner.
"Says that he knew nothing of the plan of takiog Colo. P. , but advised his son not to be one of the Party. (Mark the contradiction.) He says that John Hyde was at his house last Sunday, going as he supposed to the Point upon business. He confesses that his family baked bread, which he supposed went to the use of the Rioters. On the whole he coofessed himself to have been under a false delusion and privy to all that has taken place. Informed was he (as he confesses,) that a step of the kind would meet the approbation of the County at large, but finds now that he has been deceived, and he believes other Persons concerned are not less sensible of it."
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"Darius Parks, taken on a Justices Warrant on a Common suit at Law, it is the Committees Opinion, no reward should be paid for him.
"Joseph Killborn, tried and convicted, those who took him Intitled to the reward of 100 Dollars.
"Thomas Kinney, the reward for taking him, said to be paid.
"It appears to your Committee that £112/10 was paid to Captain Ross on the 25th of Sep- tember last, and upon the 26th of Do., there was an order drawn for £75, to be paid by Captn. Ross to the several persons concerned in apprehending the Rioters, which is to be accounted for."
Stephen Jenkins, as related by Miner, seems to have had conscientious objections against leaving the rough log jail which adjoined a larger building, used as a Court House, on the Public Square of Wilkes-Barré. Remaining there until January 24, 1789, he sought to be released by due authority and to that end addressed the following letter, which shortly thereafter secured the desired pardon :*
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