History of Northumberland County, Pennsylvania, Part 22

Author: Bell, Herbert C. (Herbert Charles), 1868- ed; John, J. J., 1829-
Publication date: 1891
Publisher: Chicago, Brown, Runk
Number of Pages: 1424

USA > Pennsylvania > Northumberland County > History of Northumberland County, Pennsylvania > Part 22

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

A commission from his Honor the Governor, bearing date the 24th day of March, anno Domini 1772, appointing William Plunket, Turbutt Francis, Samuel Hunter, James Potter, William Maclay, Caleb Graydon, Benjamin Allison, Robert Moodie, John Lowdon, Thomas Lemon, Ellis Hughes, and Benjamin Weiser, Esquires, justices of the court of general quarter sessions of the peace and gaol delivery for the said county of Northumberland, was published in court.

On motion made, the said county of Northumberland, or as much of the extent of the same as is now purchased from the Indians, is divided into the following town- ships, to be hereafter called and known by the names of Penn's township, Augusta township, Turbut township, Buffalo township, Bald Eagle township, Muncy township, and Wyoming township.

Then follows a description of the boundaries of each township, as given in the preceding chapter. Officers were also appointed for the respective townships at this session.

The first court of general quarter sessions of the peace for Northumber- land county was held at Fort Augusta on Tuesday, the 26th of May, 1772, before William Plunket and his associates. As at the previous session, an exemplified copy of the act erecting the county "certified under the hand of William Parr, Esquire, master of the rolls for the Province," was "published in open court." The commissions of the justices were again read, and also "a deputation from Andrew Allen, Esquire, attorney general for the Province of Pennsylvania, to Edward Burd, for the prosecution of the pleas of the crown within the said county of Northumberland." As the first recorded proceedings it is stated that,-

Upon petitions to the court, George Wolf, Martin Traester, William Wilson, Rich- ard Malone, Peter Hosterman, Henry Dougherty, Robert Martin, Casper Reed, and

203

THE BENCH AND BAR.

Francis Yarnall are recommended to his Honor the Governor for his license to sell spirituous liquors by small measure, and keep houses of public entertainment in the townships and places where they now respectively dwell in this county, for the ensu- ing year.

Wolf, Traester, Hosterman, and Reed resided in Penn's township; Malone, Dougherty, and Martin, in Turbut; Wilson and Yarnall, in Augusta. Marcus Hulings and John Alexander, of Turbut; Adam Haverling, of Sunbury; Martin Kost, of Buffalo, and James Weiser, of Augusta, were added to this number before the close of the year.

The first road petition considered was that of "sundry the inhabitants of the West Branch of Susquehanna and places adjacent," setting forth the great inconvenience they labor under for want of public highways, etc., and praying that proper persons should be appointed "to view and lay out a road from the end of the road lately opened from the head of Schuylkill to Fort Augusta, across the North Branch of the river Susquehanna to the main point opposite Fort Augusta, thence up the easterly side of the West Branch of said river to the line of the late Indian purchase at Lycoming." Richard Malone, Marcus Hulings, Jr., John Robb, Alexander Stephens, Daniel Lay- ton, and Amariah Sutton were appointed to lay out the proposed road agree- ably to the terms of the petition if their judgment should so determine.

"Sundry inhabitants of the North Branch of Susquehanna and of the waters of Mahoning creek " also presented a petition "setting forth the great conveniency of a public highway from Fort Augusta to the narrows of Ma- honing," and praying for the appointment of "suitable persons to view the ground .... in order to discover the nighest and best road;" to this service Thomas Hewitt, Robert McCulley, John Black, Hugh McWilliams, Robert McBride, and John Clark, Jr., were appointed.

Hitherto the entire attention of the court had been directed to the exercise of its administrative functions. Actions begun in the county prior to its erec- tion, criminal as well as civil, had been continued in the courts at Reading, Lancaster, or Carlisle, respectively, and, although the deputy attorney gener- al's commission was read at May sessions, 1772, no case requiring the atten- tion of that officer was tried until the following term. Until the first election of county officers should occur the sheriff of Berks county was authorized to perform the duties pertaining to that office; and on the fourth Tuesday in August, 1772, the first grand jury was impaneled, as shown by the following minute :-

George Nagel, Esquire, high sheriff for the county aforesaid, returned the writ of venire to him directed, with the panel annexed, which being called over after procla- mation made, the following persons appeared, who were accordingly sworn on the grand inquest for our Sovereign Lord the King for the body of the county: John Brady, foreman, George Overmeier, John Rhorrick, Leonard Peter, Garret Free- land, John Yost, William Gray, Ludwig Derr, George Rau, Andreas Heffer, Hawkins Boone, George Wolf, William Cooke, John Kelly, James Poke, John Walker.

204

HISTORY OF NORTHUMBERLAND COUNTY.

The record of the first case is as follows :-

No. 1. 08.

The King Sur indictment, felony; true bill. The defendant being arraigned, plead non cul. et de hoc ponit, se etc., etc .; pro Rege, similiter, etc., etc. And now, a jury being called, come, to wit: William Piper, Isaac Miller, Robert

Testes pro Rege :

John Willaims alias Thomas Adams. Fruit, James Morrow, Thomas Hewitt, Richard Irvine, Robert Clark, Benjamin Fulton, Andrew Gibson, John Morrow, Francis Irvine,

William Scull, Samuel Hunter, and Henry Dougherty, who on their oaths respectively do say, that Thomas Lemon. 7

the defendant is guilty in manner and form as is in the said indict- ment set forth.

Whereupon it is adjudged by the court that the said John Williams alias Thomas Adams do make restitution of the goods stolen; and pay a fine of five pounds to his Honor the Governor for support of government; and receive on his bare back at the common whipping post on the 2d of October next twenty-one lashes, and stand com- mitted until this sentence is executed.

At the same term of court Williams alias Adams was also convicted upon a second and third indictment for felony. Upon the second indictment he was fined five pounds, seven shillings, six pence, and sentenced to receive twenty-one lashes on the 30th of September; upon the third the fine was three pounds, five shillings, and he was sentenced to receive twenty-one lashes on the 1st of October. These three indictments were the only cases tried at this term of court, and constitute the first recorded proceedings in the crim- inal annals of the county. In each instance conviction followed arraignment, and the amount of the cumulative sentence-a fine aggregating more than thirteen pounds, a relatively large sum of money at that period, and the infliction of twenty-one lashes upon three consecutive days-was certainly equal to the requirements of justice.

In the punishment of penal offenses the whipping-post, stocks, and pil- lory were frequently brought into requisition. The whipping-post, which stood in the public square in front of the old jail building at the corner of Market street and Center alley, was a stout piece of timber firmly planted in the ground, with a horizontal crosspiece above the head; to this the hands of the culprit were tied, while the sheriff administered the flagellation on his bare back. The pillory was erected under a walnut tree on the river bank in front of the Maclay house, where a slight depression in the ground still marks the site; this consisted of an upright frame with openings through which the head and hands of the offender protruded, and a low platform upon which he stood. Custom, and also the common law, permitted every passer-by to throw one stone at the culprit's head. In the stocks the offender sat upon a platform with his hands and feet projecting through a framework in front. No regular facilities of this nature having been provided, the stocks were improvised by thrusting the legs of the culprit between the rails of a fence above the Maclay house. This seems to have served the purpose under Plunket's administration.

The first instance in which these instrumentalities were resorted to in the

205

THE BENCH AND BAR.

administration of penal justice occurred at August sessions 1772, in the case of Williams alias Adams. At May sessions, 1776, Daniel Pettit was convicted of altering a five-dollar bill and sentenced to " stand in the public pillory in the town of Sunbury on the 31st of May instant from eight until nine o'clock in the forenoon, and be imprisoned for one month, and stand committed until this judgment be complied with." In November, 1778, Esar Curtis was con- victed of larceny; his sentence was, to " pay a fine of forty pounds to his Excellency the Governor for the support of government, forty pounds by way of restitution for the horse stolen, and receive seventeen lashes well laid on, and stand committed until fine, fees, etc., are paid." This seems to have been the first conviction for horse-stealing. Alexander Craig was also con- victed of larceny at the same term of court; he was amerced in the sum of eighty pounds, and sentenced to receive "twenty-seven lashes on his bare back well laid on." In February, 1779, Elijah Higgins was arraigned upon an indictment for larceny, and found guilty; it was adjudged that he " return the hog or the value of the same, pay a fine of three pounds, and be whipped next Saturday with twenty lashes." The lash seems to have been used without regard to color or sex. In February, 1781, Negro Ann, convicted of larceny, was sentenced to " be publicly whipped at the public whipping post at Sunbury on Saturday, the 10th day of March, with twenty lashes on her bare back well laid on, at ten o'clock of that day; restore the goods or the value thereof to the owner, Eleanor Green, and pay a fine equal to the value of the things stolen; pay the costs of prosecution, and stand committed till the above sentence be complied with." The goods purloined amounted in value to three pounds, three shillings, State currency. In February, 1785, Patrick Quinn was found guilty of stealing a "tow linen shirt to the value of ten shillings;" it was directed that he should restore the same or an equivalent in money, pay a fine equal to the value thereof, and "receive on his bare back at the common whipping post on Friday, the 25th day of February instant, at nine o'clock in the morning, twenty-one lashes." For the theft of eighty- three shillings, four pence, John Miller. was found guilty of felony in Novem- ber, 1785; it was ordered that he should make restitution, pay a fine equal to the amount stolen, " and on Friday, the 25th instant, receive on his bare back twenty-one lashes well laid on."

The maximum of physical punishment inflicted by judicial process in the early history of the county was probably the sentence imposed upon Joseph Disberry at August sessions, 1784, upon conviction of felony. It reads as follows :-

Judgment: that the said Joseph Disberry receive thirty-nine lashes between the hours of eight and nine o'clock to-morrow; stand in the pillory one hour; have his ears cut off and nailed to the post; return the property stolen, or the value thereof; remain in prison three months; pay a fine of thirty pounds to the Honorable the President of this State for the support of government, and stand committed until fines, fees, etc., are paid.

206

HISTORY OF NORTHUMBERLAND COUNTY.

But Disberry's moral delinquencies were not rendered less frequent in occurence or reprehensible in character by the radical measures just described, and he continued to the end of his career a troublesome member of society. Even at this late date the number and variety of his exploits, his versatile and ingenious manner of evading arrest, and the air of perfect nonchalance with which he asserted his innocence when confronted with the most incon- trovertible evidence of guilt, retain a place in the traditions of this part of the State. In August, 1798, he was arraigned on three indictments for bur- glary, to each of which, with characteristic sang froid, he plead not guilty. A longer period of immunity than usual had made him more than ordinarily bold; he had entered the houses of Philip Bower, Peter Jones, and Isaiah Willits, taking scarcely any precautions whatever to avoid detection, and the result of the trial was conviction on the three indictments. It was the sen- tence of the court "that the defendant forfeit all and singular his goods and chattels, lands and tenements, to and for the use of the Commonwealth; and . . be conveyed to the gaol and penitentiary house of the city of Phila- delphia, there to undergo the servitude aforesaid for the term of twenty-one years," of which term two years were to be spent in solitary confinement. Tradition asserts that he survived this long incarceration, and died a violent death.

The first case of fornication and bastardy as shown by existing records was tried at November sessions, 1774. The defendant was Peter Weiser, and it was adjudged that he should pay "a fine of ten pounds to the Gov- ernor, and pay to Margaret Kessler the sum of seven pounds, ten shillings, for her lying-in expenses and maintaining the child to this time, and give bond with sufficient security for the maintaining of the child and securing or indemnifying Penn's township against any charges by reason or means of the said child." Cases of this nature are of frequent occurrence in the early records. It is worthy of remark, however, that they were principally brought against indentured servants. The man was usually required to contribute to the support of the child, while the woman was obliged to serve a year or longer beyond the time when her term of service would regularly have expired.

The first cases of assault and battery were tried at May sessions, 1773, resulting in conviction in each instance. The fine imposed was two shillings, six pence, and the offender was required to give his recognizance for future good behavior. Cases of this nature contributed largely to the business of the quarter sessions.

There is reason to think that ignorance of the law, if not an excuse for its infraction, was at least a palliation in the eyes of the early justices. A case in point occurred at November sessions, 1778. Joseph Sprague plead guilty to an indictment for keeping a tippling house; he was sentenced to pay the costs, but the fine was remitted, "the crime appearing to be the effects of ignorance."

207

THE BENCH AND BAR.

It was the duty of the constables to attend the sessions of the court, where their presence assisted in sustaining the majesty of the law and the dignity of the bench. The attendance of all the constables of the county was required until August sessions, 1789, when the following regulation was established :-

It is agreed by the court that after the constables appear at each term and make their returns that they will be all dismissed but those who are reserved to attend the business of the court agreeable to the following distribution; and those of them who make default may rely on it that the court will strictly exact the fine.

Division of the constables to serve in rotation, viz .:--

First Class .- The constables of Augusta, Bald Eagle, Beaver Dam, Buffalo, Cata- wissa, to serve at November sessions.

Second Class .- The constables of Nippenose, Penn's, Pine Creek, Point, Potter's, Turbut, at February sessions.

Third Class .- The constables of Derry, Loyalsock, Lycoming, Mahoning, Maha- noy, Muncy, at May sessions.

Fourth Class .- The constables of Chillisquaque, Washington, White Deer, Fish- ing Creek, Shamokin, at August sessions.

The Orphans' Court was organized on the 9th of April, 1772. The min- utes of the first session are as follows :-

At an orphans' court held at Fort Augusta the 9th day of April, in the twelfth year of the reign of our Sovereign Lord George the Third, by the grace of God of Great Britain, France, and Ireland King, Defender of the Faith, etc., and in the year of our Lord God 1772, before William Plunket, Samuel Hunter, Caleb Graydon, Robert Moodie, and Thomas Lemon, Esquires, justices of the same court, etc., for the county of Northumberland;

Came into court William Maclay, Esquire, and produced a commission from his Honor the Governor, bearing date the 24th day of March last past, appointing him, the said William Maclay, clerk or register of this court; and likewise a deputation from Benjamin Chew, Esquire, register general for the probates of wills and granting letters of administration for the Province of Pennsylvania, constituting and appointing him, the said William Maclay, deputy register for the probate of wills and granting letters of administration for the county of Northumberland, both which were read and published in court, and the said William Maclay took the oath for the faithful dis- charge of the said offices, respectively.

The first proceedings are recorded under date of August 13, 1773, Jus- tices William Maclay, Samuel Hunter, and Michael Troy, presiding. Alex- ander McKee, administrator of the estate of Thomas McKee, deceased, of Augusta township, presented a statement of the indebtedness, etc. of said decedent, and was authorized to sell a tract of land called " New Provi- dence," situated in Augusta township, formerly Upper Paxtang township, Lancaster county. The proceedings in this case were begun at Lancaster.

Among the cases that appeared for consideration at January term, 1779, was one that affords a melancholy illustration of the hardships of those troublous times. In the preceding summer a number of refugees from Muncy, driven from that locality by the Indians, had been cared for by the people of Augusta township. Albert and Catharine Polhemus were among

208

HISTORY OF NORTHUMBERLAND COUNTY.

these unfortunates; both died and were buried at the public expense, leaving seven children, whose support was temporarily assumed by the overseers of the poor. It became necessary to levy an extra tax for their maintenance, and at January sessions, 1779, the overseers were authorized to indenture them, the conditions prescribed being similar to the following :-

To Elias Youngman, Magdalena Polhemus, until she be eighteen years of age, he accommodating her according to the custom of the country during her servitude; to teach or cause her to be taught to read and write English; bring her up in the Presby- terian religion; and at the expiration 'of her servitude give her decent freedoms, with twenty pounds lawful money of Pennsylvania.

The sequel would seem to show that those to whom unfortunate and des- titute children were indentured were not always faithful to the obligations thus assumed. At November sessions, 1786, of the court of quarter sessions, Magdalena Polhemus presented a petition to the court setting forth that she had "faithfully and honestly " served Elias Youngman the full term of seven years for which she had been indentured; but that he had not " performed the covenants in the said indenture mentioned by furnishing her with her freedom dues at the expiration of her servitude." At the following term of court it was adjudged that she should be paid eight pounds, in default of which an attachment should issue to compel payment. In this summary manner did the court enforce just treatment for its wards.

At August sessions, 1779, " a certain Sarah Silverthorn, aged seven years," was indentured to William Huburn; as part of the obligation assumed he agreed "to teach or cause her to be taught to read and write English, bring her up in the Presbyterian religion, and at the expiration of her servitude give her the usual freedoms, with a good spinning wheel." The question may arise whether Presbyterianism sustained to the county administration the re- lation of an established church. It is probable, however, that the only object of the court was to insure for its wards proper religious training, and that in designating a particular church the religious preferences of the child's parents were considered.

Orphans' courts were held very irregularly for some years after the organ- ization of the county. That this might be remedied the following action was taken by the justices at May term, 1783 :-

WHEREAS, Hitherto there has been no stated or fixed time for holding orphans' courts in said county;

It is therefore unanimously agreed and determined by the said justices [Frederick Antes and his associates] at this present sessions that front and after this present ses- sions that orphans' courts in or for this county shall be held at Sunbury the fourth Tuesday in June, the fourth Tuesday in September, the fourth Tuesday in December, and the fourth Tuesday in March, statedly and forever thereafter.

The first will recorded is that of Joseph Rotten, of Buffalo township, which was certified to the deputy register, August 24, 1774. It was drawn on the 16th of May previously, in the presence of William Moore, James

209

THE BENCH AND BAR.

McCoy, and Samuel Mather. The testator bequeathed "to Mary, my dearly beloved wife, my best bed and furniture, also a black cow, as also one full third part of all my personal estate, either in cash, goods, or chattels;" the remainder was devised in equal portions to his three children, Thomas, Roger, and Elizabeth.

In June, 1779, James Jenkins and Morgan Jenkins, executors of the nuncupative will of Thomond Ball, transacted certain business with the court under its provisions. Among the personality mentioned is a gold watch, which the court directed should be "sold by public vendue in the city of Philadelphia or town of Lancaster." Ball had been a justice of the court and served for a time as its deputy clerk. This is the first nuncupative will mentioned in the records of the court, and one of the very few instruments of that character that have received the consideration of the judiciary in this county. It is presumed that the decedent was too much occupied with busi- ness relating to other people's wills to find time to write his own.

The Court of Common Pleas .- The first session of this court began on the fourth Tuesday in May, 1772. The proceedings are thus set forth in the minutes:

Northumberland County, 88.

At a county court of common pleas held at Fort Augusta for Northumberland county the fourth Tuesday in May in the twelfth year of the reign of our Sovereign Lord George the Third, by the grace of God King of Great Britain, France, and Ireland, Defender of the Faith, etc., annoque Domini MDCCLXXII, and continued by adjournments;

Present-William Plunket, Samuel Hunter, Caleb Graydon, Thomas Lemon, Robert Moodie, and Benjamin Weiser, Esquires, justices of the county court of com- mon pleas for the said county of Northumberland, viz .:-

An exemplified copy of the act of General Assembly of the Province of Pennsyl- vania, entitled " An act for erecting a part of the counties of Lancaster, Cumberland, Berks, Northampton, and Bedford into a separate county," certified under the hand of William Parr, Esquire, master of the rolls for the said Province, and seal of his office, was read and published in open court.

A commission from his Honor the Governor, dated the 24th day of March, 1772, was read and published in open court, appointing William Plunket, Turbutt Francis, Samuel Hunter, James Potter, William Maclay, Caleh Graydon, Benjamin Allison, Robert Moodie, John Lowdon, Thomas Lemon, Ellis Hughes, and Benjamin Weiser justices of the county court of common pleas for Northumberland county.

A commission from his Honor the Governor, dated the 24th day of March, 1772, appointing William Maclay, Esquire, prothonotary of the county court of common pleas for Northumberland county, was read and published in open court, whereupon he took an oath for the faithful discharge of his office.

On motion made, the following gentlemen were admitted and sworn attorneys of this court, viz .: James Wilson, Robert Magaw, Edward Burd, George North, and Chris- tìan Huck.

On motion, Mr. James Potts, after examination, was admitted and sworn an attor- ney of this court.

On motion, Mr. Andrew Robison was admitted and sworn an attorney of this court, after having been duly examined.

210

HISTORY OF NORTHUMBERLAND COUNTY.

On motion, Mr. Charles Stedman, after being examined, was admitted and sworn an attorney of this court.

The record of the first cases is as follows :-

John Simpson Debt sans breve. Defendant in this action confesses judg -.

08.

ment to the plaintiff for the sum of sixteen pounds,

Burd. Hawkins Boone. sixteen shillings.

Debt and interest. £7 12s. 6d.

Acknowledged the 26th day Att'y and clerk fees 2 11 6 of May, 1772, before me, Wm. Maclay. £10 4 0

August 23d, rece'd by

Wm. Maclay. £7 12s. 6d.

Rece'd principal and interest of the debt in this action

and my fee. 1 10 0

£9 2 6

Edward Burd.

Robert Sample Debt sans breve. Defendant in this action confesses judg-

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Northumberland County, Pennsylvania, Part 22

Author: Bell, Herbert C. (Herbert Charles), 1868- ed; John, J. J., 1829- Publication date: 1891 Publisher: Chicago, Brown, Runk Number of Pages: 1424

Author: Bell, Herbert C. (Herbert Charles), 1868- ed; John, J. J., 1829-
Publication date: 1891
Publisher: Chicago, Brown, Runk
Number of Pages: 1424