USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 43
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In after years it was claimed this award was never paid. Kinney said Hurlbut did not live on the land after Miller came ; that he never moved his family up, but returned to Wilkes-Barré after a brief res- idence.
The handful of settlers had another source of contention. The uncertainty as to the actual State Line rendered possible the claims of certain squatters who insisted they were in New York. While Lockhart or his representatives do not seem to have been on the ground, Colonel Erwin,14 who had drawn a number of the Pennsylvania war-
13 It will be remembered this was for land east of the Susquehanna, now lying south of road from bridge where Miller settled in 1784.
14 Arthur H. Erwin was a native of Crumlin, County of Antrim, Ireland. In 1768, with wife and five children, he sailed for America. His wife died on the voyage, and later he married again. He made a settlement in Bucks County, Pa., eventually opposite Frenchtown, N. J. According to the published writings of his descendants, Chas. H. Erwin of Painted Post, and Arthur Erwin Cooper of Cooper's Plains, the town was named for him Erwina. Possessing abundant means, he became one of the keenest land buyers in the country, and
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rants, was. He made a choice of lands between the rivers above the Indian Arrow, also west of the Chemung, in 1785, and soon after he added lands in New York State. Possessed of ample means, and hav- ing a large family (ten children) he was evidently resolved to provide them with a goodly heritage. Unquestionably he went over the line seeking to avoid the Connecticut controversy. Erwin made a settle- ment at Tioga Point in 1788, and brought as his agent, and probable purchaser, his old friend Daniel McDuffee,15 who followed him from Ireland, and had been living near him in Bucks County. They were at once and contin- ually harassed by both squatters and Connecticut claimants, and Erwin began to consider buying land in the Phelps and Gorham purchase.
The story of his later purchase is as follows: In 1789 he started for Canan- daigua with a drove of cat- tle, presumably from his Tioga Point settlement. Stopping at Painted Post to rest his drove, he hired an Indian familiar with the ansel M Duffer. locality to take him up the mountain north of Painted Post. Here he had a view of the triple valleys of the Chemung, Conhocton and Tioga, with which he was so impressed that he came down and ascended the mountain on
was proprietor of a large tract along the Delaware. He served during the Revolution in the patriot army, and for his valor was made Colonel of a Bucks County Regiment, and is still known as "Colonel Erwin." He was cruelly murdered at Tioga Point, June 9, 1791.
15 The McDuffee Family. Daniel McDuffee was born 18th February, 1752, in the north of Ireland, of Scotch parents, who had been driven from Scotland for religious reasons. He married, in Ireland, Dorothy Ladley, and three children were born there, one of whom, Anna, born in Belfast in 1782, was later the wife of Francis Tyler. The family came to America probably in 1786, and settled in Bucks County, where the fourth child, Daniel, was born. It is told by the descendants that Erwin and McDuffee were such firm friends that it was agreed between them that McDuffee should have as much land as he wanted at cost price, as he had less to invest than Erwin; but that at the time of Erwin's assassination no choice had been made, although the McDuffees had been there two or three years, and had built a timber house about on location of Frank Herrick house (near the Chemung River). Daniel Mc- Duffee had resolved to take up land at Painted Post, but after Col. Erwin's murder his sons, on account of the evident feeling against their family, urged him to remain at Athens and buy the Erwin lands there, offering even better terms than their father had. Naturally, he embraced their offer. Nine children were born at Athens; Hugh, Samuel, Joseph, Ferdinand, John, Charles, Rebecca and Dorothy.
Daniel McDuffee was a noted weaver, and there is to-day in Tioga Point Museum a coat of silk and linen material woven by him, and worn by Ferdinand, who was a great beau and dandy. His skill was inherited by at least one daughter, Dorothy, for there is also in the Museum a ladies' sun hat of finest straw, plaited by Miss Dolly from straw grown on her father's farm. It will be seen that this family settled here apparently just as early as the Connecticut people, and we think no other family of a pioneer lives to-day on the land orig- inally possessed. The next generation of McDuffees were engaged in staging and mail bus- iness with the Saltmarshes and Tylers, for many years, mostly in the Southern States.
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MURDER OF COL. ARTHUR ERWIN
the other side, thus commanding a wide prospect. He then quickly re- turned to the log hut of the surveyors of Phelps and Gorham; and di- recting his drovers to follow, hurried under the Indian's guidance to Canandaigua. Though late in the afternoon, he went at once to the office of Phelps and Gorham, made an offer for the tract (later known as town of Erwin), asking them to take in payment his cattle at their own price, and promising the rest to be paid in gold. The bargain was closed in the morning. His historian says: "Within twenty-four hours after the deed was signed, Judge Eleazar Lindley arrived with an offer for the same land." The reason for Col. Erwin's haste was no doubt because he knew that Col. Lindsley was on his way to make this very purchase. They were probable acquaintances, for both were from New Jersey, and both had served in the army.
Lindsley was with Sullivan's army, and, like many others, had observed the fair land, and resolved to possess it. Unquestionably, Erwin told a good story on his return, as the very next year, 1790, three of the original proprietors of Athens16 joined with him in the purchase called "Old Canistear Castle," now known as the towns of Hornellsville and Canisteo; which statement is corroborrated by deeds and records showing that these men made transfers of their Athens property this year. This not only proves that the pioneer settlers at Tioga Point were uneasy about their Connecticut titles, but that they were in friendly relations with Erwin, and that his assassin may have been one of the so-called New York squatters. And yet it must be admitted that Col. Erwin had troubles as a Pennsylvania claimant. We have taken pains to study out this matter for various reasons. Er- win has been called a surveyor (which he was not), many of whom suffered at the hands of the "Wild Yankees." He has also been con- founded with James Irwin, who had no connection with him. The McDuffees were living here as early as 1788; whether in the home, built on almost the same spot as the Curran Herrick house, still stand- ing, northwest of town ; or in a log house owned by Col. Erwin (which, according to the daughter of Matthias Hollenback, and Major A. Snell, stood on the west side of the Chemung River, about twenty feet from the present road below the old McDuffee house now owned by Els- bree family) we will not assert. Nor is it important to decide whether it was in the day or evening, through door or window, that he was shot. In 1791 he brought two of his sons, Samuel and Francis, up the river to settle on the Phelps and Gorham tract, and superintend his business interests there. His biographer says :
"On his return he stopped at the house of Daniel McDuffee one of his ten- ants near Tioga Point, and as he sat in the evening listening to Mr. McDuffee's flute a shot was heard, he suddenly arose, and staggering towards the open door said "I am shot," and then fell. He lived but a few hours.17 Suspicion immediately attached to an ejected squatter by the name of Thomas, who the same night stole a horse (or, as was strongly suspected at the time, he had been supplied with one) and was never after heard from. Judge Avery in his address before
16 Solomon Bennett, Joel Thomas and Uriah Stephens.
17 Our oldest inhabitant, Miss Polly Lowe, aged 93, tells the story that Erwin was listen- ing to Mr. McDuffee's flute; that Mrs. McDuffee sat in the doorway sewing; dropped her thimble, and as she stooped to pick it up the shot went over her head.
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the Pioneer Association at Athens in 1854 in alluding to this sad but dastardly murder said 'About that time there was some difficulty regarding the State Line, or of the Pennsylvania and Connecticut charterists; the squatters claiming that these lands were within the State of New York or came within the Connecticut chart, threatened to shoot the first person who should purchase or settle on them, they claiming title by occupation. Col. Erwin was the first and only vic- tim, and the prompt investigation of this murder either frightened them away or forced the cowardly villains into lawful obedience.' The late Judge Avery was of more than ordinary legal attainments, and though his statements were en- tirely new to us, we are not inclined to contradict them."
It must be acknowledged that Avery was somewhat in error. While there may have been prompt investigation nothing came of it, the assassin escaped. It seems strange that Judge Avery, with his abil- ity and love of research, did not follow up this matter, as it is now impossible to do ; perhaps just as impossible then. There can be added to these chronicles what would seem to throw some light on this matter ; a letter from Col. Erwin himself, which lay for many years unnoticed at Harrisburg, but now to be found in Pennsylvania Archives, Third Series, Vol. XVIII, page 614, addressed to Governor Mifflin : Sir :
April 5, 1791.
Perhaps it may appear somewhat extraordinary to carry a Complaint be- fore the Chief Magistrate of the State, where the Laws of the land have pointed out the more regular Mode of pursuing the Means of Redress but as this, Sir, is an extraordinary case, it may probably be a sufficient excuse for the irregular Mode of proceeding in it. You are not now to learn the troubles and embarras- ments which the Connecticut claimants to Lands in the County of Luzerne have for a series of years past from Time to Time involved Pennsylvania. It will not be necessary, I conceive, to enter into any investigation of that Business. The ex- isting laws, were they carried into effect, would be sufficient to answer every purpose. My present application to you, however, relates to myself only. When the Land Office was opened in the year 1785, and the choice thereof determined by Lott, I became an adventurer for about Five Thousand acres in Luzerne County, adjoining the New York line, and without the Limits of any of those Townships comprehended in the late confirming or quieting Law, since repealed. These Lands, which lay upon the Tioga above the Point, I immediately patented, settled, cleared and improved, not doubting but the Commonwealth of Pennsyl- vania, under the solemn Faith of which I had purchased and paid for them, would protect me in the possession and enjoyment of my Property. I have been almost the only man who has, in that Country, asserted the Claims under the Government of Pennsylvania to the Lands in Luzerne, by which I have not only subjected myself to Insult and abuse, but on more occasions than one been in eminent Danger of my Life, not from Threats merely, but by actual assault, and that of the most agrivated nature.
When in August, 1789, I was in that country cultivating my own ground I was obliged to have Recourse to the legal steps to recover some Rent due to me from a person who occupied a part of my Land there under verbal Lease, and when the property distrained was in the Hands of the Officer, the Tenant with several others came and forceably resqued it, not satisfied with this outrage, they attacked me and one of them with the Handle of a pitch-fork broke one of my arms and beat me in such a manner that I very narrowly escaped with my life. I then took the usual steps to have him prosecuted for a Breach of the peace, but, altho' every necessary proof was made of the Fact, in that country he escaped unpunished. In the course of the last Summer a number of persons who call themselves Halfshare men, a Description of people, who I believe from principle and Habit, are not likely ever to be good or useful citizens of this or any other Country, came within my enclosed grounds at a Time that I was absent, cut a quantity of Hay, and to the Laborours who I had there employed, used many Threats against my Person. After I had hauled in the Hay which
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ERWIN'S PETITION TO THE GOVERNOR
my people had made, together with what they had cut on my land, they came and forceably took it away, still using Threats; soon after they took from my Laborours a quantity of Indian Corn in the same manner, which circumstances the Depositions of Daniel McDuffee, Sarah Redford and Dolly McDuffee make appear. It is true the Effects which have been violently and unlawfully taken from me are of no great value or magnitude, but if the persons who have thus flagrantly broke in upon my property escape with Impunity, the property of no Pennsylvanian will be safe from their Depredations. I have not taken any legal steps to obtain Redress, well knowing the fate of my process in the County of Luzerne, where a Pennsylvanian is a party ; of this indeed I have had sufficient ex- perience. I trust, however, that the Commonwealth of Pennsylvania will do me ample Justice and no longer suffer her laws to be trampled on, her Dignity debased, and her citizens injured and abused by a set of people who have ever discovered a Disposition obnoxious to the Laws and Government of this State. I have, therefore, made my application to you, as the supreme Magistrate of the State, and from your prompt Decision and public spirit, I hope such measures will be taken as to secure me in the Enjoyment of my property in the Country, as well as to protect me from the Danger which from the constant Threats of those people I conceive my life to be in while among them.
With every sentiment of Respect, I have the Honor to be, Sir,
Your most obedient
And very humble Servant, ARTHUR ERWIN.
Apparently this was but a few weeks before his death, which was a sad ending to an active and useful career. Had he lived, with the great tracts he held in and about Tioga Point, he would have been a notable factor in the town-making. According to Matthias Hollen- back, his body was conveyed in a boat down the river and carried over Wilkes-Barré Mountain to Erwina for burial.
The consternation that this assassination cast over the little com- munity at Tioga Point can hardly be imagined. Col. Franklin and other prominent Connecticut men were supposed to be in collusion with the murderer. Franklin's diary merely records, "I was working for Satterlee and Matthewson the day that Col. Erwin was killed in that year." Matthias Hollenback always suspected a man named Harris, possibly Samuel Harris, who had squatted on land at Painted Post in Erwin's purchase. (After writing above sketch further information was received from Mr. Cooper, with annexed newspaper notices, which we have no reason to think have been reprinted since original pub- lication.)
Under date of June 20, 1791, Claypoole's Advertiser, Philadelphia, published the following proclamation :
"By Thomas Mifflin, Governor of the Commonwealth of Pennsylvania.
"WHEREAS, information has been given to me under oath, that about an hour after night on Thursday, the ninth day of this instant, June, ARTHUR ERWIN, late of the county of Bucks, in this Commonwealth, esquire, while peaceably sitting with sundry other persons, in the house of Daniel McDuffie, in the county of Luzerne, received a wound with a bullet, which was discharged from a gun into said house by some person unknown, and of which wound the said Arthur Erwin then and there instantly died. AND WHEREAS, there is great reason to presume that the said wound was wilfully and maliciously given with the intent to kill the said Arthur Erwin as aforesaid; and the justice, energy and dignity of the Government require that the most effectual measures be pursued for discovering, securing and punishing the perpetrator of so heinous a murder, his aiders and abettors. THEREFORE, I have thought it proper and necessary to issue this Proclamation, hereby offering a reward of Two Hundred
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Dollars to any person or persons who shall discover, apprehend and secure the perpetrator of the said murder, his aiders or abettors, to be paid upon the con- viction of them or any of them. AND besides the reward aforesaid, I do further offer and promise to any one of the persons who may have been concerned in contriving and committing the said murder, (the actual and immediate perpe- trator thereof excepted) a full and free pardon for the same, upon condition that he shall and does disclose the name or names of his accomplice or accom- plices, so that such accomplice or accomplices may be apprehended, tried and convicted. And all Judges, Justices, Sheriffs, Coroners, Constables, and other officers of this Commonwealth, according to the duties of their respective sta- tions, are hereby required and enjoined to employ all lawful means for discov- ering, apprehending and securing, trying and bringing to justice, as well the perpetrator of said murder, as all other persons aiding and assisting therein.
"GIVEN under my Hand and the Great Seal of the State, at Philadelphia, the 20th day of June, A. D. 1791, and of the Commonwealth the Fifteenth.
THOMAS MIFFLIN.
"By the Governor :
"A. J. Dallas, Sec'y of the Commonwealth."
In addition to the above reward, we the subscribers, promise and engage to pay Five Hundred Dollars to the person or persons, who shall discover, ap- prehend and secure the assassin who, on the night of the 9th inst., murdered Arthur Erwin, Esquire, of Bucks County, at Tioga Point, in the County of Luzerne, on conviction of the perpetrator and his execution for the same.
(Signed) John Mulhallon, Samuel Erwin, Joseph Erwin, Wm. Erwin, Hugh Erwin.
Subsequently, in the news column of the Advertiser (July 6) ap- peared the following :
"'A man is committed to the Easton jail on suspicion of being the murderer of Arthur Erwin, Esquire, as mentioned in the Governor's Proclamation. Very strong presumptive evidence has been brought against him, nearly sufficient to show that he was the perpetrator of the desperate act.'-Nevertheless, it does not appear that any person was ever convicted, or perhaps even brought to trial for Mr. Erwin's murder : a cloud of mystery faintly illumined by the un- certain glimmer of conjecture, has, and in all probability will ever, envelop the motive as well as the mover in this early deed of darkness. Though evading human justice, not less sure the retribution of that unerring and higher tribunal to which he has doubtless long since passed away."
That there was a trial, however, is proven by the following, the only record found, although diligent search of court records has been made. In the petition of Alexander Patterson, Commander of Penn- sylvania troops at Wyoming in 1769, addressed to Pennsylvania Leg- islature, is found this extract in a harangue against Yankee intruders generally, and Col. Franklin especially :
"Nor because it is believed he controlled the verdict which acquitted Joel Thomas of the barbarous murder of Col. Arthur Erwin, a gentleman of large property and much respected."
This leads one to infer that there was a trial, though no record has been found. Probably it was Joel Thomas who was arrested and confined in Easton jail. Yet he was later a well known and apparently respected citizen of the southern tier.
Among the Erwin papers is a quit claim deed drawn up in 1815, and labelled "Release to the Heirs of Arthur Erwin by Those who
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PIONEERS TYLER AND SPALDING
claim under Connecticut." John Shepard's is the only signature; al- though there is another deed for certain tracts which has several signa- tures. An examination of the warrant map in last chapter shows how extensive were the Erwin lands. It is certainly an interesting fact that Col. Erwin was the only one to take up his lands in person, and that the McDuffees, his first tenants or purchasers, are on some of the lands to-day.
While his name was not on list of original proprietors, without doubt Joseph Tyler was one of the earliest settlers, coming from Orange County, New York. At a very early date he had lot No. 24 in village plot (now Hulon C. Smith's), and possibly he had all of William Jones' allotment, which would include the upper part of pres- ent Tyler farm. Joseph Tyler was a victim, of the land controversy, receiving a blow on the head from an unknown assailant, which im- paired his reason ; his property was sold for taxes and his family had no visible means of support. He had, however, an industrious son as he grew up, Francis Tyler,18 who was born October 1, 1787, at Mid- dletown, New York, and came to be one of the wealthiest and most respected citizens of Athens. The farm, which he purchased with the results of his industry in 1818, is still held in part by his heirs, the rest having been divided up into building lots and sold. It seems probable that this family was a connection of Ephraim Tyler, one of the first forty settlers in Wyoming Valley. Francis Tyler was a lumberman as well as a farmer, and also engaged for a time in the mail and coach business in the South with the McDuffees.
Another who should be classed with the pioneers is Joseph Spald- ing,19 a relative of Simon Spalding. As all of his family papers were burned with the home, it is difficult to construct a full narrative of this family. It is not known that they ever lived at Wyoming, but Joseph Spalding was one of the original proprietors of the final grant of Ulster, July 21, 1786 ; family tradition says he came two years earlier to She- shequin. In 1791, or earlier, he purchased lots Nos. 10, 11, 12 and 13, second division of Athens, west of Chemung River. On lot No. 10 he erected a log house, which stood until recent years on the hillside
18 Francis Tyler, married 25th November, 1810, Anna, daughter of Daniel McDuffee, and had six children who grew to maturity. Mary A., m. Alonzo Long of Troy; Eliza, m. Curran Herrick; F. Armstrong, m. Cynthia Spalding (daughter of Robert Spalding); Jane, m. M. Pomeroy of Troy. The descendants of these are well known in Athens and vicinity. Hugh and Charles Tyler died unmarried; Hugh was a brilliant lawyer and statesman. Since writing narrative we have learned that Joseph Tyler was said to be the son of Ephraim, the early Wyoming settler, an assertion borne out by the fact that he had a son Ephraim; he had also Caleb, Sally and Archibald, all of whom seem to have come to the valley with Joseph, and were afterwards scattered. Joseph's wife was Jane Armstrong.
19 Joseph Spalding was born June 7, 1735, at Plainfield, Ct., a descendant in the fifth generation from Edward Spalding, who settled at Braintrim, Mass., in 1633. His first wife was Eunice Shepard, daughter of Capt. Simon Shepard, probably of New London. They had six children, Welthia, m. Benedict Satterlee; John, Howard, Jared, Rachel, m. Daniel Snell; Sarah, m. - Hamlin. Joseph married again, Anna, widow of Abraham Snell, and they had two children, Simon, who married a daughter of Abner Murray, and lived and died at Milltown, and Celestia, who married Isaac Morley, 3rd, many of whose descendants are still among us.
John Spalding was born October 22, 1773; he married, in 1800, Elizabeth, daughter of Dr. Amos Prentice. He had ten children: George, Owen, Amos, William, Julia Ann, Joseph, John, Jr., Edward, Harriet, Jesse. Most of his sons settled in the West. Julia Ann m. Rev. Curtis Thurston, and lived and died on her father's homestead, still owned by her son. Jesse Spalding was the well known lumberman of Chicago, to whom Athens is indebted for its Museum-Library. Joseph Spalding d. 1832. John Spalding, 2nd, d. 1852.
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just below Morley's Crossing. A picture of this house is in the Museum. Lot No. 13 was, in October, 1794, deeded to his son, John Spalding, and is still owned and occupied by John's grandson, Joseph S. Thurston. John Spalding was an active citizen of Athens, holding many local public offices; he was the first sheriff of Lycoming County, and the second sheriff of Brad- ford County, appointed Decem- ber 9, 1815. While he had a large family, the only son who lived and died in the valley was Owen, the well-known citizen and benefactor of Waverly. 2 John Spalding, 2nd, al- ways signed his name as given to distinguish from John of Sheshe- quin. Joseph Spalding sold lots Nos. 11 and 12 to Isaac Morley, Sr., and the property is still in the Morley family.
John I holding
Joseph Spalding served in the Revolution, and used to say he had been Captain by sea and by land. Very little is on record of Joseph Spalding, except that he was one of the original proprietors of the old Academy.
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