History of Lycoming County, Pennsylvania, Part 25

Author: edited by John F. Meginness
Publication date: 1892
Publisher: Chicago, Ill. : Brown, Runk
Number of Pages: 1650

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A CURIOUS CASE.

Another curious case, between John Toner and Morgan Sweeny, appears on the records. Toner settled on the Indian land in 1773, a few miles west of the Dough- erty improvement; but he exchanged his place for another, on which he resided, with the view of making a permanent home for himself and family. When the war broke out and there was a call for men he was disposed to enlist, but hesitated for fear he would forfeit his improvement under the Fair Play law. His friends, how- ever, promised to protect his claim for him and he entered the army.

In 1775 Sweeny entered into a contract with him (Toner) to lease the land under conditions that he should make certain improvements on the place for the benefit of Toner. This lease was deposited in the hands of a third party to hold. Mrs. Sweeny, however, managed to get hold of the lease and she and her husband destroyed it, thinking by so doing to make the place their own. They continued to occupy it till driven off by the Indians. In the meantime Toner was absent from the set- tlement in the service of his country. When he returned from the army he found Sweeny in possession of his improvement and he refused to give it up, denying that there was any contract or lease requiring him to do so. Toner brought a suit of ejectment in the court and won.

LAND LAWS.

As has been stated the Land Office opened for the sale of land in the New Purchase, July 1, 1885, at £30 per hundred acres. The price was too high for extensive speculations, and such portions only were selected and purchased as were considered worth the £30, and the balance rejected. In 1792 the leg- islature perceived the fact that "the vacant lands were so high as to discourage

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HISTORY OF LYCOMING COUNTY.

settlers from purchasing them," and the price was reduced to £5 per hun- dred acres. Much of the mountain land was still considered too high at the reduced price, and remained uncalled for. The act of 1792 was short lived. In 1794 an entire change in the system took place. The supplement, passed September 22, 1794, to the act of April 22, 1794, granted the vacant lands of the Commonwealth only to actual settlers. This law arrested speculation, and the state of things con- tinned in regard to the purchase of 1784 until 1817, the vacant lands of the Com- monwealth being granted only to actual settlers.

In order to more clearly define the law relating to land titles the Assembly under date of April 6, 1802, passed an act which declared "that after May next no con- veyance of any land within the counties of Lycoming, Luzerne, and Wayne shall be good or effectual to pass any right, title, estate, interest, or claim whatever, unless the title to the land in such conveyance mentioned is derived from this State, or the late Proprietaries thereof, before the 4th of July, 1776; and unless the said convey- ance shall expressly refer to and recite the substance of the warrant, survey, patent, or title under which the same is so derived from this State."

The act of March 10, 1817, opened the office at $26.66 the hundred acres, freed from the conditions of settlement; yet vacant lands were open to the settler, and his rights held sacred. In the long interval from 1794 the spirit of speculation had subsided, tracts were abandoned by distant owners as not worth keeping, and the annually accruing charges overlooked and forgotten by them, and sold by thousands of acres for taxes. On the 13th of March, 1815, the legislature made every effort to confer good titles on purchases at tax sales, allowing a period of two years for redemption on tender of taxes and costs, with twenty-five per cent. on the same, and with no inconsiderable aid from the Supreme court the object has been pretty fully attained.

Thus encouraged, adventurers became numerous in a new mode of land jobbing. Instead of resorting to the Land Office for rights at $26.66 the hundred acres, they applied to the commissioners of counties or attended sales of the treasurers, where they procured land in any quantity at less than that sum by the thousands of acres. Vacant mountain land was suffered to remain vacant, even if the fact of its vacancy were generally known, when plenty of the same sort and size, and patented in the bargain, were offering at the court house doors at greatly inferior prices. The act of 1817 thus nullified the act of 1815 at its birth, and effectually turned the eyes of adventurers from the Land Office to the commissioners' office.

INCIDENTS OF FAIR PLAY LAW.

In the administration of the Fair Play laws some amusing as well as serious cases came before the commissioners for adjustment. Joseph Antes related this: A squatter named Francis Clark located a short distance west of Jersey Shore. He mysteriously came into possession of a dog. In a short time a friendly Indian claimed that he (Clark) had stolen the dog from him and made complaint to the Fair Play men. They heard the case, found Clark guilty, and sentenced him to receive a certain number of lashes. Lots were drawn to decide who should admin- ister the lashes, by placing a grain of corn for each man present, with one red grain, in a bag. Whoever drew the red grain was to do the flogging. Phillip Antes

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drew the red grain and he at once made preparations to inflict the punishment. Seeing that Clark was about to be flogged, the Indian, who was a tender-hearted savage (?) became sympathetic and made a proposition that if he would abandon the land where he had settled he would recommend that the sentence be remitted. Clark was given a few minutes for consideration, when he decided to leave. He transferred his claim to Andrew Boggs, who afterwards disposed of it to Samuel Campbell and he conveyed it to James Forster.

Another anecdote illustrates Fair Play principles. When Chief Justice Mckean was holding court at one time in this district he inquired, partly from curiosity and partly in reference to the case before him, of a shrewd Irishman named Peter Rodey, if he could tell him what the provisions of the Fair Play code were. Peter's memory did not exactly serve him as to details, and he could only convey an idea of them by comparison, so, scratching his head, he answered : "All I can say is, that since your Honor's coorts have come among us, Fair Play has ceased and law has taken its place !" This sharp rejoinder created a good deal of merriment in court, and Justice McKean was satisfied to ask no more questions reflecting on the tribunal.

The ninth decade of the eighteenth century was rapidly drawing to a close. The influx of emigrants continued, and the valley rapidly filled with inhabitants. Farms were opened on every hand, improvements made, and the people began to recover from the blighting effects of war.

SURVEYING THE RIVER.

The navigation of the Susquehanna river was at an early period considered as an important object to the trade of the State, and not only engaged the attention of the State government, but of many societies and individuals. Previous to 1770 the Philosophical Society of Philadelphia appointed a committee to view the Susque- hanna and its lower falls, that proper measures might be recommended to render the water communication complete to Peachbottom Ferry. The committee made their report the 16th of February, 1770, in which they stated the great obstacles in the channel that would have to be removed. Philadelphia was greatly interested, on account of having trade drawn to that city, and for a long time it was the belief that water communication could be established between that place and Lake Erie, by building eanals and utilizing the rivers. The legislature also had the matter under consideration early, and surveys were made and large sums of money spent to demonstrate the feasibility of the project.

On the 9th of April, 1790, the Supreme Executive Council commissioned Samuel Maclay, Timothy Matlack, and John Adlum, experienced surveyors, to examine the head waters of the river and explore the streams of the "New Purchase," to dis- cover, if possible, a route for a road or canal to connect the waters of the Allegheny with the West Branch and Schuylkill. The commission started from Lebanon the latter part of April, 1790, descended the Swatara to Middletown, and then ascended the river by boat, making surveys and noting the condition of the channel. During the time employed in making this survey, Mr. Maclay kept a daily personal journal, which is still in existence, wherein he entered everything of interest that occurred during their long and tedious journey.

May 21, 1790, they entered the present limits of Lycoming county and " pushed

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HISTORY OF LYCOMING COUNTY.

up about six miles when we [they] stopped and breakfasted." About 2 o'clock in the afternoon they reached a point about two miles above Wallis's island, where they camped for the night. This large island lies in the river in front of the Wallis, or Hall mansion, and is a fine body of land, belonging to the estate. On Saturday, the 22d of May-according to an entry in Mr. Maclay's journal-they "passed up the race ground early in the morning, and stopped and leveled it." He gives the result as follows :

Fore sight, 394 ; back sight, 781 ; difference, 387, in 102 perches distance. In this place there are two large flat stones and a number of loose ones to be removed, which, when done, boats can with ease and safety be towed up this place. From thence to Loyalsock ripples is a fine, easy current. Loyalsock ripples: Back sight, 915; fore sight, 535; difference, 380, in 102 perches.

The "Race Ground " island lies in the river about a mile below the mouth of Loyalsock, and was so named because the water runs swiftly around it on the side next Bald Eagle mountain. It was a dangerous place for boats and rafts, and many have been wrecked on the head of the island, as the water rushes to the right with great velocity. Care, therefore, was required on the part of pilots to prevent their crafts from being drawn on the bar at the head of the island. The ascent of the ripples below, as well as the " Race Ground " above, was always difficult to make with loaded boats. Strong iron rings were fastened in a number of rocks exposed in these riples, through which a rope was passed and brought back to a windlass on the boat, to enable the boatmen to haul their craft up by means of this power. Several of these rings may yet be seen in the rocks.

After surveying the "race ground," Mr. Maclay informs us they passed up the river and encamped for the "night opposite a small island called Toner's island," and on the 23d they started early, and as "the men worked hard all day," they "reached the mouth of Bald Eagle a little before sundown," where they en- camped.

He makes no mention of Williamsport. because there were no settlements on its site at that day, excepting those of Amariah Sutton and two or three other improve- ments on Lycoming creek, nearly a mile from the river. There were some improve- ments on the site of Jaysburg, and Culbertson's mill and house were on the south side of the river, opposite the mouth of Lycoming. Toner's island, where they en- camped, (then quite large) was in the river opposite Linden. Since that time it has been almost entirely washed away by the action of the water. No other places are mentioned by him till Great Island was reached. There they succeeded in pur- chasing three horses, when they hurried up the river, reaching Sinnemahoning the 29th of May.

THE WALKER TRAGEDY.

In June, 1790, an affair occurred on Pine creek which caused much talk as well as trouble. It was known as the "Walker tragedy." At that time Seneca Indians were in the habit of coming from their villages on the Genesee to hunt along Pine creek, and they frequently remained till late in the fall. They were on good terms with the whites and often stayed over night at their houses, sleeping on the floor, Indian fashion, before the fire which burned in the chimney places. They kept up this practice until the last Indian disappeared.

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THE FAIR PLAY SYSTEM.

At the time mentioned, three brothers, Benjamin, Joseph, and Henry Walker, lived on a farm not far above the mouth of Pine creek. Their father, John Walker, was killed and barbarously scalped at the time the Lee family were so atrociously murdered by a band of marauding Indians in August, 1782, a few miles above Northumberland. Two Indians, one middle-aged, the other quite young, came into the Pine creek settlement on a hunting expedition and remained for some time. One day they were at the public house of a man named Stephenson, near the mouth of the creek-probably where the public road crosses that stream. A number of men were collected there, the Walker brothers being among them. The Indians became intoxicated and performed some drunken antics for the amusement of the spectators. The older Indian threw himself on the ground before the Walkers, and making the most horrid grimaces said: "This is the way your father acted when I killed and scalped him!"

The brothers became greatly enraged at this shocking and tantalizing exhibition by the drunken Indian, who thus boasted of having murdered their father, and mockingly described his death struggles when he tore the scalp from his head. This fiendish exhibition caused their blood to boil with rage and they swore ven- geance on the savage, and would have torn him from limb to limb at once but for . those present.

That evening they persuaded Samuel Doyle, a bold frontiersman, to accompany them a short distance up the creek, when they planned the murder of the two In- dians. They boldly went to their camp and announced their intentions. The young Indian begged piteously for his life, declaring that he was not concerned in the mur- der of the elder Walker, but his appeals were unheeded and he was quickly toma- hawked. The older Indian was then attacked and a desperate struggle ensued, in which knives and tomahawks were used. He fought desperately for his life and wounded two of the Walkers, and probably would have killed them, had they not succeeded in shooting him through the head. They then sunk the bodies in the creek not far from where the Phelps, Dodge & Company saw mills were afterwards built.

The sudden disappearance of the Indians caused some surprise in the neigh- borhood, and the Walkers were suspected of having killed them; but as almost everyone felt that they deserved death for their conduct their disappearance was soon forgotten. In a short time there was a rise of water in the creek and the dead bodies were washed on a gravel har not far from where they had been thrown. The murder now became the subject of much talk; some asserted that the Walkers were justified in doing what they did, whilst others thought that as the deed had been committed in time of peace it was a grave violation of law and might cause trouble with the Indians.

In course of time information of the affair reached the ears of the authorities and caused a feeling of uneasiness. When the friends of the Indians learned how they had been treated by the whites, they became greatly excited and threatened to descend Pine creek in force and avenge their deaths. This threat alarmed the au- thorities and they promptly condemned the act of the Walkers and took steps to ar- rest them.

The people well knew the revengeful spirit of the Indians, and as reports

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reached them that they were greatly agitated and threatened to raid the settlement along the creek, they became much alarmed for their safety, and failing in their efforts to arrest the offenders, they straightway petitioned the Governor and Supreme Executive Council. The petition, which never was printed before, is given here- with. It shows the names of the residents on both sides of the creek at that time:

To His Excellency Thomas Mifflin, Esquire, President, and the Supreme Executive Council of the Stote of Pennsylvania:

The humble petition of the subscribers, inhabitants of the westward part of the county of Northumberland respectfully sheweth: That your petitioners failing in their attempts to appre- hend and secure the bodies of Benjamin, Henry, and Joseph Walker, and Samuel Doyle, the persons who lately killed the two Indians at Pine creek; and they having fled from the county, puts it out of our power to do anything further therein. And the settlement at and near Pine creek is likely to be evacuated on account of the dangers they suppose themselves liable to by the Indians hunting on the head waters of the creek; the settlers for seventeen miles are now moving, and they doubtless will be followed by others, which will ruin this new settlement, which is only beginning to recover [from] the damages they sustained by the late war, unless speedily stopped.

We therefore humbly pray your Excellency and Council to take some speedy and effectual method for securing the settlers on the frontiers by treaty or otherwise; and at the same time to adopt some speedy method for our aid and support, in case the Indians should make a descent upon our settlement. and your petitioners will ever pray, etc.

Pine Creek, July 4, 1790.

The petition was signed by Robert Crawford, James Chatham, William Dunn, Sr., Alexander Porter, Samuel Quinn, Thomas Nichols, Ephraim Morrison, James Erwin, James Fields, Barnabas Parsons, Robert Fleming, William Hepburn, Thomas Forster, William Bell, James Long, David Lusk, William Dunn, John Jackson, Robert King, Richard Salmon, Thomas Greenwood, Isaac Luse, John McMichael, Samnel Marrison, Jr., William Winter, George Fredericks, Alexander Johnson, James McCIure, John Wilson, Ez. Smith, David Hanna, John Maffet, Arthur Bell, Matthew Adams, James Jackson, John McCormic, Brattan Caldwell, John King, John Anderson, James Lee Crawford, Joseph Cogley, Hugh White, James Wilson, Thomas Golangher, George Nilson, Jacob Tomb, William Custard, Samuel Torbert, Edmund Huff, Robert Lee, William Glass, James Thompson, James Dunn, Robert Moore, P. J. Moore, Frederick Hill, John Parrey, James Crawford, Benjamin Demill, George Calhour, Anhalle Stewart, and James Stewart.

When the Governor received this petition he was much exercised, as he did not want trouble with the Indians on the frontier. At a meeting of the Executive Council, July 9, 1790, official information of the murder of the two friendly Seneca Indians on the 27th of June was laid before that body, and a proclamation was at once issued offering a reward of $800 for the arrest and conviction of the Walkers and Doyle, or $200 for any one of them.

On the 17th of August John Robinson wrote to Col. Thomas Proctor, from Pine creek, as given below:

SIR: I desire to inform you that Messrs. Benjamin Walker. Henry Walker, James Walker, and Samuel Doyle have upon mature deliberation been convinced of their error and are willing to give themselves up to stand their trial according to law. They most earnestly solicit your friendship, and pray you would use your interest and endeavors in their behalf with the Council, in order to mitigate their fault, which they are, from all appearance, very sorry for, and have petitioned the Council for their pardon, and knowing there has been some correspond-

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ence between you and my father, have desired me to write to you and state their inducement for killing the Indians, and my desire being great for the preservation of their lives, which I now earnestly crave, I will now give you their reasons for killing the two Indians, which are as follows: One of the two Indians they killed vaunted of his taking twenty-three scalps. One of the scalped persons being alive, is willing to give in on oath that he scalped a woman at the same time their father, John Walker, was killed and scalped, which was their inducement for killing them.

The writer of this letter was a son of Capt. Thomas Robinson, who rebuilt Fort Muncy, and took such an active part in defending the frontier. And while it is believed a large number of the settlers quietly sympathized with the Walkers for what they did, they were forced to publicly denounce the killing in order to keep on good terms with the Indians. An Indian who publicly boasted of having taken "twenty-three scalps " deserved killing, even if peace did exist. The woman he scalped, and who recovered, was the daughter of Claudius Boatman, and they both lived and died on Pine creek. It is not likely that she entertained much sympathy for the Indian on her own account-much less on the account of her mother, who was killed at the same time.

The authorities, to show their good faith in this matter, promptly dispatched "an express " to inform the Indians that they did not approve of the act. He found them greatly irritated, but owing to the influence of Cornplanter a war party was prevented from starting to take vengeance on the frontier settlers.

On the 23d of September, 1790, William Wilson informed Governor Mifflin by letter from Northumberland that he had engaged Thomas Rue, Jr., to go in pursuit of the Walkers and Doyle, and to take such persons with him as he could confide in. He started for Pine creek, but a few days before his arrival sixteen persons residing on the creek, banded together to take the Walkers, but being informed of what was going on they disappeared. Rue went upon the ground secretly and soon found Doyle, whom he arrested and sent him to jail at Lancaster. Mr. Wilson said further that he expected to secure the Walkers, as he had several persons in pursuit of them.

In another letter from the same place, dated September 29th, he informed the Governor that he had drawn on him "for fifty specie in favor of Hepburn and Cowden," for assisting in the arrest of Doyle and taking him to Lancaster. The Walkers, he said, were still at large, and as the people sympathized with them, he had little hope of securing them. Some persons thought it would be better to have them "outlawed," as well as those who were secreting them.

Strenuous efforts, however, continued to be made by the authorities to arrest the Walkers to appease the wrath of the Indians, and on the 16th of November a conference was held at Tioga Point, which Colonel Pickering attended as a commis- sioner in behalf of the State. Red Jacket and Cornplanter were present, and after a formal consultation, and the assurance on the part of Colonel Pickering that everything possible was being done to bring the offenders to justice, they expressed themselves as satisfied.

A deputation had also been sent to Canandaigua by Council bearing a copy of the proclamation, and to apologize to the Indians for what had occurred, and assure them that the authorities disapproved of the crime. The deputation returned bearing a string of wampum from the chief counsellors and warriors of the Seneca tribe, which was a token of peace and amity.

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HISTORY OF LYCOMING COUNTY.

The Walkers, it seems, were secreted by their friends, and the officers failed to find them. As might have been expected in a community that had been so frequently assailed by the savages, who had mercilessly butchered their wives and children, burned their dwellings, and desolated their fields, there would be little disposition to deliver up those who had taken it upon themselves to be the avengers for such terrible outrages. The result was that the Commonwealth failed to secure the Walkers.

Doyle was arrested, September 25, 1790, by Thomas Reese and Jacob Maclay, and delivered to the jailer of Lancaster county November 12th. He was indicted by the grand jury of Northumberland county, at Sunbury, for murder, tried, and acquitted, the jury declaring " upon their oath and affirmation that the said Samuel Doyle is not guilty of the felony and murder whereof he stands indicted." Thomas McKean, chief justice of the State, presided at the trial; William Bradford, attorney general, conducted the prosecution, but it does not appear who defended him.

Doyle located at Bath, New York, soon after it was founded, and lived there until he died. It seems strange that he should take up his residence near the Seneca country, where the friends of the Indian he assisted in killing lived. The Walkers, who escaped, were lost sight of for some time. In 1798 one of them located in what is now Steuben county, New York, where he lived for several years. He occupied a log cabin and spent most of his time hunting, remaining in the woods several days at a time. What became of him and his brothers is unknown.

CHAPTER XIII.

LYCOMING COUNTY ORGANIZED.

DISINTEGRATION OF THE ORIGINAL TOWNSHIPS-A NEW COUNTY PROPOSED-THE BEGINNING OF BITTERNESS-A STRONG APPEAL DENIED-THE GENESEE SPECULATIONS-THE WILL- IAMSON ROAD-A NEW COUNTY AT LAST-CHOOSING A NAME-BOUNDARIES, JUDICI- ARY, AND SEAT OF JUSTICE-ORIGINAL EXTENT OF THE COUNTY-FIRST OFFICERS AND FIRST COURT-SELECTION OF THE COUNTY SEAT.

P1 EACE having been restored, there was a rush of immigrants to occupy the fer- tile lands of the West Branch, and it was not long till the population was almost greater than in any other part of the county of Northumberland. And as many of the settlers had to travel forty and fifty miles, besides crossing the river and numer- ous large streams, to reach the county seat, the journey, in winter time especially, was not only tedious, but attended with great danger. No bridges spanned the river or any of its tributaries at that time. Courts had to be attended, and there was much other business at the county seat which demanded attention; deeds had to be filed for record and the settlement of estates looked after. All these things tended to increase the feeling among the people for greater convenience in the

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History of Lycoming County, Pennsylvania, Part 25

Author: edited by John F. Meginness Publication date: 1892 Publisher: Chicago, Ill. : Brown, Runk Number of Pages: 1650

Author: edited by John F. Meginness
Publication date: 1892
Publisher: Chicago, Ill. : Brown, Runk
Number of Pages: 1650