USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 50
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· suading others to enlist for that purpose, and then and there ma- . liciously and traiterously, with divers other Traitors, to the Jurors unknown, with force and Arms did combine, plot and conspire to : betray this State, and the United States of America, into the hands and power of the King of Great Britain, being an Enemy, at open War against the same, and then and there did with force and Arms maliciously and traiterously give and send intelligence to the same , Enemies for that purpose, against the duty of his allegiance, against . the form of the Act of Assembly in such case made and provided, and against the Peace and Dignity of the Commonwealth of Penn- sylvania :
" Whereupon, the Sheriff of the County aforesaid, is Com- manded that he take the said John Roberts, if he may be found . in his Balliwick, & him Safely keep, to answer to the Treason whereof he stands indicted ; And afterwards, to Wit : at the same delivery of the Goal of the County aforesaid, before the said Jus- . tices of the Supreme Court of Pennsylvania, on the Thirtieth day of September, in the Year aforesaid, here cometh the said John . Roberts, under the Custody of James Claypoole, Esq'r, Sheriff of the County aforesaid, (in whose Custody in the Goal of the Coun- ty aforesaid, for the Cause aforesaid, he had been before Commit- ted,) being brought to the Bar here in his proper person, by the said Sheriff, to whom he is here also Committed ; And forthwith being demanded concerning the Premises in the said Indictment, how he will acquit himself thereof; he saith that he is not guilty thereof, & thereof for good & Evil he puts himself upon the Country ; And Jonathan Dickinson Serjeant, who prosecutes for the Commonwealth aforesaid, in this behalf, doth the like ; therefore let a Jury there- upon come here immediately, before the said Justices of the said Supreme Court, by whom the truth of the matter may be the better known, and who are of no affinity to the said John Roberts, to re- cognize upon their Oath whether the said John Roberts be guilty of the Treason in the Indictment aforesaid above specified, or not guilty; because, as well the said Jonathan Dickinson Serjeant, who prosecutes for the said Commonwealth in this behalf, as the said John Roberts, have put themselves upon that Jury ; And the Jurers of the said Jury, by the said Sheriff for this purpose impanelled and returned, to Wit: William Adcock, Isaac Powell, David Pancoast, John Steinmeitz, Andrew Forsyth, Andrew Burkhard, John McNeal, William Rigden, John Drinker, James Hood, James Barns & Thomas Corgee, being called, come, who being elected, tried, sworn & affirm- ed to speak the truth of & concerning the Premises, upon their Oaths & Affirmations respectively, do Say : That the said John Roberts is guilty of the Treason aforesaid on him above charged, in form aforesaid, as by the Indictment aforesaid is above supposed against him, & that the said John Roberts, at the time of the com- mitting of the said Treason, or at any time since to this time, had not nor hath any Goods or Chattles, Lands or Tenements, to the
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knowledge of the said Jurors ; And upon this it is forthwith de- manded of the said John Roberts if he hath or knoweth any thing to say, wherefore the said Justices here ought not, upon the Premi- ses & verdict aforesaid, to proceed to judgment; who nothing further saith unless as he before had said; Whereupon, all & singular the Premises, being seen, & by the said Justices here fully understood, It is considered by the Court here that the said John Roberts be hanged by the Neck 'till he be dead !
" A true Transcript of the Record.
(Signed.)-"EDW. BURD, Cl. Cur."
-
" Philadelphia County, ss.
" Be it remembered, That at a Court of Oyer & Terminer & General Goal delivery, held at Philadelphia for the County of Philadelphia, the Twenty-first day of September, in the Year of our Lord, One Thousand Seven hundred & Seventy-eight, before the Hon'ble Thomas M'Kean, William Augustus Atlee & John Evans, Esq'rs, Justices of the Supreme Court of the State of Penn- sylvania, & Justices assigned by Letters Patent of the President & Supreme Executive Council of Pennsylvania, under the great Seal of the said State, made to them, the aforesaid Justices, or any two of them, to enquire fully, by the Oath & Affirmation of. good & lawful Men of the County aforesaid, by whom the truth of the Matter might be the better known, of all Treasons, Murders, and such other Crimes as by the Laws of the Commonwealth of Penn- sylvania are made Capital, or Felonies of Death, and to hear and determine the said Treasons, and other the Premises, according to Law, and to deliver the Goal of the said County of all the Pri- soners in the said Goal ; being by the Oath of James Young, Esq'r, John Moore, Esq'r, Plunket Fleeson, Esq'r, Seth Quee, Esq'r, James Hunter, Rob't Curry, Jacob Laughlin, David Snyder, Ru- dolph Neff, William Ball, Joseph Dean, Francis Hassenclever, John Purviance, Benjamin Loxley, John Dorsey, & Thomas Cuthbert, and by the solemn Affirmation of Zebulon Potts, Esq'r, & Thomas Pry- or, good & lawful Men of the County aforesaid, impanelled, sworn, affirmed & charged to enquire for the said Commonwealth & the body of the said County : It is presented, That Abraham Carlisle, late of the City of Philadelphia, in the County of Philadelphia, Carpenter, being an inhabitant of, & belonging to & residing with- in the State of Pennsylvania, & under the protection of the Laws, & owing Allegiance to the same State, as a false Traitor against the same, not having the fear of God before his eyes, but being moved & seduced by the instigation of the Devil, the fidelity which to the same State he owed wholly withdrawing, & with all his might intending the peace & tranquility of this Commonwealth of
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Pennsylvania to disturb, & War & Rebellion against the same to · raise & move, & the Government & Independence thereof, as by law established, to subvert & to raise again & restore the Govern- ment and Tyranny of the King of Great Britain within the same Commonwealth, on the first day of January, in the Year of our Lord One Thousand Seven hundred & Seventy-Eight, & at divers days & times, as well before as after, at the City of Philadelphia, in the County aforesaid, with force & Arms, did falsly & traiterously take a Commission or Commissions from the King of Great Britain, & then & there, with force & Arms, did falsly & traiterously, also take a Commission or Commissions from Gen'l Sir William Howe, then & there acting under the said King of Great Britain, & under the authority of the same King, to-Wit: a Commission to watch over & guard the Gates of the City of Philadelphia, by the said Sir William Howe erected & set up, for the end & purpose of keeping & maintaining the possession of the said City, & of shutting out & excluding the faithful & liege inhabitants & Subjects of this State & of the United States, from the same City, & then & there also maliciously & traiterously, with a great multitude of Traitors & Rebels against the said Commonwealth, (whose names are as yet unknown to the Jurors,) being armed & arrayed in a Hostile man- ner, with force and Arms, did falsly & traiterously assemble & join himself against this Commonwealth, & then & there, with force & Arms, did falsly & traiterously, & in a Warlike & Hostile manner, array & dispose himself against the said Commonwealth, & then & there, in pursuance and execution of such his wicked & traiter- ously intentions & purposes aforesaid, did falsly & traiterously pre- pare, order, wage and levy a public and cruel War against the said Commonwealth, then and there committing and perpretrating a miserable and cruel Slaughter of and amongst the faithful and liege inhabitants thereof, and then and there did, with force and Arms, falsly and traiterously aid and assist the King of Great Britain, being an Enemy, at open War against this State; by joining his Ar- mies, to-Wit : His Army under the Command of Gen'l Sir Wil- liam Howe, then actually invading this State, and then and there maliciously and traiterously, (with divers other Traitors, to the Jurors aforesaid unknown,) with force and Arms did combine, plot and conspire to betray this State and the United States of America into the hands and power of the King of Great Britain, being a foreign Enemy to this State and the United States of America, at open War against the same, and then and there did, with force and Arms, maliciously and traiterously did give and send intelligence to the same Enemies for that purpose, against the duty of his Alle- giance, against the form of the Act of Assembly in such case made and provided, and against the Peace and Dignity of the Common- wealth of Pennsylvania.
" Whereupon, the Sheriff of the County aforesaid, is commanded that he take the said Abraham Carlisle, if he may be found in his
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Bailiwick, & him safely keep, to answer to the Treasons whereof he stands indicted ; And afterwards, to Wit : at the same delivery of the Gaol of the County aforesaid, before the said Justices of the Supreme Court of Pennsylvania, on the Twenty-fifth day of Sep- tember, in the Year aforesaid, here cometh the said Abraham Car- lisle, under the Custody of James Claypoole, Esq'r, Sheriff of the County aforesaid, (in whose Custody, in the Gaol of the County aforesaid, for the cause aforesaid, he had been before Committed,) being brought to the Bar here in his proper person, by the said Sheriff, to whom he is here also Committed; And forthwith being demanded concerning the Premisses in the said Indictment above specified & charged upon him, how he will acquit himself thereof: he saith, ' that he is not guilty thereof, & thereof for Good & evil, he puts himself upon the Country.' And Jonathan Dickinson, Ser- geant, who prosecutes for the said Commonwealth in this behalf, doth the like. Therefore, let a Jury thereupon come here immediately be- fore the said Justices of the said Supreme Court, by whom the truth of the matter may be better known, & who are of no affinity to the said Abraham Carlisle, to recognize upon their Oath, whether the said Abraham Carlisle be guilty of the Treason in the Indict- ment aforesaid above specified, or not guilty, because as well the said Jonathan Dickinson, Sergeant, who prosecutes for the said Commonwealth in this behalf, as the said Abraham Carlisle, have put themselves upon the said Jury. And the Jurors of the said Jury by the said Sheriff for this purpose impanelled & returned, to Wit: John Palmer, John Lynn, Isaac Powell, Cadwalader Dickin- son, Philip Clumberg, Thomas Shields, Jacob Urie, David Kees, Thomas Goucher, Thomas Palmer, John Drinker, & Matthew Jackson, being called, come, who being elected, tried, sworn & affirmed to speak the truth of & concerning the Premises, upon their Oath & Affirmation, respectively do say: 'That the said Abraham Carlisle is guilty of the Treason aforesaid on him above charged, in form aforesaid, as by the Indictment aforesaid is above supposed against him; And that the said Abraham Carlisle, at the time come the committing the said Treason, or at any time since to this time, had not nor hath any Goods or Chattles, Lands or Tenements, to the knowledge of the said Jurors.' And upon this it is forthwith demanded of the said Abraham Carlisle, if he hath or knoweth any to say, wherefore the said Justices herc ought not, upon the Premises and Verdict aforesaid, proceed to Judgment ; who nothing further saith, unless as he before had said. Where- upon, all & singular, the Premises being seen, & by the said Jus- tices here fully understood, It is considered by the Court here that the said Abraham Carlisle be hanged by the Neck 'till he be dead.
" À true Transcript of the Record.
(" Signed,)
"ED'W BURD, CI. C'ur."
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Ordered, That John Roberts & Abram Carlisle be, agreeable to the sentence of the Court, executed on Wednesday the fourth day of November next, & that a Warrant be issued for this purpose ac- cordingly.
The Council met.
PHILADELPHIA, Saturday October 24, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Jos.' Hart, Tho's Urie, &
John Mackay, John Hambright, Esq'rs.
The Council took into consideration the return of the election for the County of Lancaster :
On consideration,
Ordered, That William Kelley, Esq'r, be appointed Sheriff of the County of Lancaster, & that Jacob Bailey be appointed Coroner of the said County, and that they respectively be Commissioned accordingly.
William Kelly proposes James Anderson & James Anderson, jun., as Sureties for his faithful performance of the duties of his Office as Sheriff of the County of Lancaster, & the same are ap- proved of by Council.
An order was drawn on Capt. Joseph Stiles in favor of Mr. Peter Dehaven, for One Hundred Gun Locks, for which he is to ac- count.
An order was drawn on the Treasurer in favor of Frederick Sneider, Door-keeper, for the Sum of One hundred & Thirty-five Pounds four Shillings & Six Pence, for nine Cords of best Hickory Wood, for the use of the Council, at fourteen Pounds P Cord, and other expences of Cording, measuring, & hauling the same.
The Council Met.
PHILADELPHIA, Monday October 26, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Mackay, Thomas Urie, &
Jos. Hart, John Hambright, Esq'rs.
Jacob Arndt,
William Rush, Tho's Franklin, Col. Jos. Copperthwaite, Rob's Parrish, & Jos. Morse, attended the Council & presented and read
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the Petition of divers inhabitants of the City & County of Phila- delphia, in behalf of Abraham Carlisle, now under Sentence of Death for High Treason, Praying that Council will be pleased to suspend the execution of the Sentence until a meeting of the As- sembly, &ca.
Passes to New York-Mrs. Chalmers & Mrs. (R.) Willing.
On Consideration,
Ordered, That Jacob S. Howell be directed to send the Cloath- ing now in his Possession to the Camp of his Excell'y Gen'l Wash- ington, that the same may be there distributed, where the wants of the whole of the Militia & of each individual is known, & that none be delivered in this City excepting to Recruits going to Camp
The Council Met.
PHILADELPHIA, Tuesday October 27, 1778.
PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Mackay, Thomas Urie, & r
Jos. Hart, John Hambright, Esq'rs.
1
Jacob Arndt,
The three following orders were drawn on the Treasurer, Viz :
One in favor of Peter Dehaven, or his order, for the sum of Five hundred Pounds, to be charged to his account.
One in favor of Commodore John Hazlewood, or his order, for the sum of Two hundred & Eighty-Seven Pounds & ten Shillings, for the purchasing of Wood for Council & the House of Assembly ; and
One in favor of William Allison, or his order, for the sum of Two hundred Pounds, to be charged to his account.
Divers Petitions in favor of John Roberts were read.
The Council taking into consideration that Gunning Bedford, lately appointed Measurer of Grain & Salt in the Port of Philadel- phia, hath not taken the Oath of Allegiance to the State within the time appointed for that purpose by Law, & that he is therefore not capable of holding the said Office ; thereupon,
Ordered, That Capt. William Greenway be appointed Measurer of Wheat & other Grain, & Salt, in the Port of Philadelphia, & that he be Commissioned accordingly, to Continue until otherwise ordered by this Council.
An order was drawn on the Treasurer in favor of James Dundas, or his order, for the sum of Five Hundred Pounds, to Pay off the Workmen employed last year at Billingsport, and to be charged to his account.
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The Council met.
PHILADELPHIA, Wednesday Octo. 28, 1778. PRESENT : -
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Mackay, Thomas Urie, &,
Jos. Hart, Jacob Arndt,
John Hambright, Esq'rs.
A return of the Election for the County of Bedford, to Wit : Sheriffs-Thomas Coulter & Francis Clugage.
Coroners-Cornelius McAuley & Robert Eliot.
On Consideration,
Ordered, That Thomas Coulter be appointed Sheriff of the County of Bedford, & that he be Commissioned accordingly.
Ordered, That Cornelius McAuley be appointed Coroner of the County of Bedford, & that he be Commissioned accordingly.
A Record of conviction of Henry Bunthurst, alias Bunter, of the Murder of Dan'l Wensel, before a special Court of Oyer and Terminer, held at Bedford for the County of Bedford, the 21st day of September, 1778, was read.
Thomas Coulter offers Henry Rhoads, Gideon Richey, and Hen- ry Didier, of the County of Bedford, as sureties for his faithful performance of the duties of his Office, & the same are approved of.
Col. George Smith, one of the Agents for seizing the forfeited Estates in the County of Philadelphia, reports that John Freeze, of the County of Bucks, has discovered a Horse belonging to John Wright of Philadelphia County, & that the Horse was sold for ... Seventy One Pounds.
On consideration,
Ordered, That Col. George Smith be directed to Pay to John Freeze the One fourth part of the value of the Horse belonging to John Wright, discovered by the said Freeze.
The Council met.
PHILADELPHIA, Thursday October 29, 1778 .. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Mackay, Thomas Urie, &
Jos. Hart, John Hambright, } Esq'rs. Jacob Arndt,
& also, Thomas Scott, Esq'r, now returned for Westmorland ... County.
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SUPREME EXECUTIVE COUNCIL.
An order was drawn on the Treasurer in favor of Major Will'm Armstrong, Pay master at Billingsport, or order, for the Sum of Five hundred Pounds, to be charged in his account.
On consideration,
Ordered, That Henry Bunthunt, alias Bunter, now under sen- tence of Death, be executed on Saturday the fourteenth day of November next, at the usual place of execution, between the hours of Ten o'clock in the forenoon & Two of the Clock in the afternoon, & that a Warrant be issued to the Sheriff of the county of Bed- ford for the said purpose.
An order was drawn on the Treasurer in favor of Philip Gibbons, of the 6th Pennsylvania Reg't, or his order, for the Sum of three hundred Dollars, for the Recruiting Service.
An order was drawn on the Treasurer in favor of Capt. John Pearson, of the 9th Pennsylvania Reg't, or his order, for the Sum of two Thousand Dollars, for the Recruiting Service, to be charged to his account.
The return of the Election for the County of Cumberland was read.
On consideration,
" Ordered, That James Johnson be appointed sheriff of the county of Cumberland, & that he be commissioned accordingly.
James Johnson, Esq'r, offers John Boggs, Sam'l Finley, and John Johnson, of the County of Cumberland, as sureties for the faithful performance of his office as sheriff of the said county, & the same is approved of.
Ordered, 'That Will'm Rippey be appointed Coroner of the County of Cumberland, & that he be Commissioned accordingly ..
The Council met.
PHILADELPHIA, Friday October 30, 1778. PRESENT :
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Mackay, Thomas Urie,
Joseph Hart, John Hambright, & Esq'rs.
Jacob Arndt, Thomas Scott,
The Petitions of Stephen Kitchin, & lad of Nineteen years of Age, convicted of theft in the County of Northampton, & sentenced to be Whipped, & of James Webster, of the said county, also con- victed & sentenced by the said court, were read ; &
On consideration,
Ordered, That the sentence of the Court of Quarter Sessions of. the Peace for the county of Northampton against Stephen Kitchen be remitted, so far as relates to the Corporal Punishment.
VOL. XI .- 39.
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An order was drawn on the Treasurer in favor of Leonard Lash- er, for the Sum of Twelve Pounds & ten shillings, for riding Ez- press.
The following Proclamation for Traitors to appear and take their Trial, was issued, Vizt :
" Pennsylvania ss.
"A PROCLAMATION.
" By the Supreme Executive Council of the Commonwealth of Pennsylvania.
" Whereas, The following named persons, late and heretofore in- habitants of this State, that is to say : William Ross, Cordwainer, in Walnut Street ; Robert White, Merchant and Mariner ; Rich'd Palmer, Cabinet-maker; William Marshall, Pilot; John Burd, Butcher ; John Colston, Stocking-weaver ; William Evans and Jo- seph Evans, Carpenters; Alexander Smith, Blacksmith ; James Warrell, Brewer : Dav'd Jones, Tavern-keeper and Constable ; Hudson Burr, Hatter ; John Burkett, Waterman; William Drewitt Smith, Druggist ; and Alexa. Stedman, Esq'r, all now or late of the City of Philadelphia : And Thomas Green and Thomas Silkod, Yeomen, both now or late of the Township of Hatfield ; and John Loughborough, Blacksmith ; Joseph Comely, Yeoman ; and John Burke, Taylor ; all now or late of the Manor of Mooreland, all now or late of the County of Philadelphia : And Uriah Hughes, junior, Yeoman ; now or late of the Township of Buckingham; & David Burge, Blacksmith ; & Courtland Todd, Miller; both now or late of the Township of Solebury ; & Joseph Kennard, Laborer ; now or late of the Township ; & Isaac Hutchinson, Thomas Hutchinson, & Marmaduke Hutchinson, Yeomen; all now or late of the Town- ship of Newbritain ; And Edward Jones & Jonathan Jones, Yeo- men ; and Enoch Morris, Wheelwright ; all now or late of the Town- ship of Hilltown ; And John Dennis, Joiner; now or late of the Township of Richland; & Peter Perlee, Yeoman ; now or late of the. Township of Durham; Jesse Jones, Laborer; now or late of the Township of Bensalem ; & Jonathan Shaw, late Ensign in the Amer- ican Army, all now or late of the County of Bucks : And John Campbell, William Campbell, James Little, Edward Gibbons & James Delong, Yeomen ; all now or late of Emmerson's Valley : & Andrew Smith and Robert Nixon, Yeomen ; both now or late of the Township of Lack, and Joseph King, Yeoman ;' & William Wright, Dyer; both now or late of the Township of Path Valley : & Domi- nick McNeal and John Stillwell, Yeomen ; both now or late of the Township of Tuscorara ; all now or late of the County of Cumber- land : And Richard Weston, Yeoman ; now or late of the Township of Trunkston, & Jacob Hare, Michael Hare & Samuel Barrow, Yeo-
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men ; all now or late of the Township of Barree; all now or late of the County of Bedford : And George Fields, Daniel Fields, Gilbert Fields, Isaac Dolston, Matthew Dolston, Isaac Dolston, junior, Mor- ris Furner, Edward Furner, George Weitner, Henry Staaks, Pat- rick Hill & Matthew Russell, Yeomen ; all now or late of the Town- ship of Wioming; all now or late of the County of Northumberland : have severally adhered to, & knowingly & willingly aided & assisted the Enemies of this State, & of the United States of America, by having joined their Armies within this State.
And Whereas, The following named Persons, inhabitants of others of the United States of America, who have Real Estates within this Commonwealth; that is to say : Peter Campbell, Gentleman, & Isaac Allen, Attorney at Law, both now or late of Trenton, in the State of New Jersey ; & Andrew Elliott, Esq'r, now or late of New York ; have severally adhered to, & knowingly and willingly aided & assisted the Enemies of this State, & of the United States of America, by having joined their Armies at the City of New York, at the State of New York:
We, the Supreme Executive Council aforesaid, by virtue of cer- tain powers & authorities to us given by an Act of General Assem- bly entitled " An Act for the attainder of divers Traitors, if they render not themselves by a certain day, & for vesting their Estates in this Commonwealth, & for more effectually discovering the same, & for ascertaining and satisfying the lawful Debts & claims" there- upon, Do hereby strictly charge & require the said William Ross, Robert White, Richard Palmer, William Marshall, John Burd, John Colston, William Evans, John Evans, Alexander Stedman, Thomas Green, Thomas Silkod, John Loughborough, Joseph Comely, John Burke, Uriah Hughes, Junior, David Burge, Courtland Todd, Jo- seph Kennard, Isaac Hutchinson, Thomas Hutchinson, Marmaduke Hutchinson, Edward Jones, Jonathan Jones, Enoch Morris, John Dennis, Peter Perlie, Jesse Jones, Jonathan Strow, John Campbell, William Campbell, James Little, Henry Magee, Edward Gibbons, James Delong, Andrew Smith, Robert Nixon, Joseph King, Wil- liam Wright, Dominick McNeal, John Stillwell, Richard Weston, John Hare, Michael Hare, Samuel Barrow, George Fields, Daniel Fields, Gilbert Fields, Isaac Dolston, Matthew Dolston, Isaac Dol- ston, jun'r, Morris Furner, Edward Furner, Henry Weitner, Henry Staaks, Patrick Hill, Matthew Russell, Peter Campbell, Isaac Al- len & Andrew Elliott, to render themselves respectively to some or one of the Justices of the Supreme Court, or of the Justices of the Peace of one of the Counties within this State, on or before Tuesday the fifteenth day of December next ensuing, & also abide their legal trial for such their Treasons, on pain that every of them, the said William Ross, Robert White, Richard Palmer, William Marshall, John Burd, John Colston, William Evans, John Evans, Alexander Smith, James Warrell, David Jones, Hudson Burr, John Burkett, William Drewitt Smith, Alexander Stedman,
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