History of Tioga County, Pennsylvania, Part 10

Author:
Publication date: 1897
Publisher: Harrisburg : R. C. Brown
Number of Pages: 1454

USA > Pennsylvania > Tioga County > History of Tioga County, Pennsylvania > Part 10

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).

Ezra Spaulding surmounted all his trials, tribulations and persecutions; founded a home of comfort, and died in December, 1828, in his seventy-fourth year. His eldest son, Horace, lived to be almost one hundred years old, dying only a few years ago.

EARLY COURTS AND CASES.

OTHER TIOGA SETTLERS INDICTED.

A number of the early settlers of Tioga county were prosecuted under the Intrusion Law and tried at Williamsport, but they fared better than Ezra Spauld- ing. They were among the first representative settlers on the Tioga and Cowan- esque rivers and many of their descendants live in Tioga county to-day. An old indictment tried before May sessions in 1797, found among the papers when the little book previously spoken of was discovered, reads as follows:

The grand inquest for the body of the county of Lycoming upon their oaths and affirmations respectfully do present: That Benjamin Cole, Leonard Cole, Michael Eidy, Abel Cady, Thomas Willson, Sr., Thomas Willson, Daniel Ingersole, Nathan Niles, Uriah Spencer, Benjamin Corey, Samuel Patterson, Timothy Ives, Titus Ives, Reuben Cook, Joseph Mathews, Benajah Ives, Gideon Salisbury, Barret Montgomery Ingersole, John Holl. day, Jacobus Van Camp, Richard Mitchell and John Ives, all of the county of Lycoming afore- said, yeoman, and within the jurisdiction of this court, with force and arms, etc., at the township of Lycoming, in the county aforesaid, did take possession of, intrude and settle on lands within the limits of the now County of Lycoming (formerly Northumberland county) by virtue and under color of conveyances of half-price rights or from other pre- tended title neither derived from the authority of the commonwealth, nor of the Iste proprietaries before the Revolution, contrary to the form of the act of general assembly of this commonwealth in such case made and provided, and against the peace and dignity of the commonwealth of Pennsylvania.

JARED INGERSOLL, Attorney General.

The indictment is indorsed: "A true bill, John Cummings," and was found by the grand jury at May sessions, 1797. The trial of these parties took place at September sessions, 1798, and the verdict was as follows:

And now, to wit: A jury of the country being called came to wit: John Lawson, Matthew Armstrong, James Burchfield, Joel Ferree, James McCuen, James Bennet, John Hall, Samuel Torbet, Matthew Luch, John Hamilton, John Bennet, and Thomss Wenter- ringer, who being sworn and returned upon their oaths do say that they find the defend- ants not guilty.

The suit was brought in the name of the "Republica," which was then used in place of "Commonwealth" of to-day, but the names of the witnesses or prose- cutors do not appear in the record.

On the back of the indictment, which is still in existence, and opposite the name of each party, the number of miles the constable had to travel from Williams- port to serve the summons is recorded. The mileage is given herewith: The two Coles, Eidy, Cady, and Willson, have each sixty-six miles charged against them; Patterson has sixty-eight; the two Ives', Barret M. Ingersole and Holiday, sixty; Salisbury, sixty-four; Daniel Ingersole and Nathan Niles, sixty-three; Reuben Cook and Benajah and Titus Ives, fifty-seven: Richard Mitchell, fifty-six; VanCamp, fifty-five, and Benjamin Corey. forty-nine. The last lived the nearest to Williams- port, according to the constable's reckoning, his place being at the mouth of Corey creek, on the site of Mansfield. The route traveled by the constable was by the Williamson road, there not being another road opened at that time. After being

HISTORY OF TIOGA COUNTY.

compelled to travel this long distance to be tried under the Intrusion Law, passed at the instance of rapacious land speculators, it is a source of satisfaction to their descendants to know that they were acquitted and returned home in triumph.

FIRST COURTS OF TIOGA COUNTY.

Although Tioga county was erected March 26, 1804, it remained attached to Lycoming county for judicial purposes for more than eight years. All its civil business was transacted in Williamsport, and all civil and criminal processes were issued from and were returnable to the courts of Lycoming county, and a com- plete severance was not effected until the convening and formal organization of the first courts, in Wellsboro, January 11, 1813. The opening of the court was an event of more than ordinary importance and it attracted the attention of the entire population of the village.

From the quarter sessions docket, which has been preserved, it is learned that Hon. John Bannister Gibson appeared as president judge to open the new courts. He was supported by Samuel Wells Morris and Ira Kilburn as associates, but the records are silent as to the name of the crier who made the official proclamation. On ascending the bench Judge Gibson read his commission to show his authority for appearing there to open the first court. His judicial district was composed of the counties of Bradford, Susquehanna, Wayne and Tioga, and was the eleventh in the State. When he had finished reading his commission, Henry Wilson arose and presented his commission as prosecuting attorney, by ap- pointment of the attorney general. This served as his admission to the bar of the new court. Several attorneys were in waiting. Mr. Wilson then arose and made a motion that Robert McClure, of Williamsport, be admitted. He was one of the first three lawyers to locate in Williamsport in 1795, and therefore had been a practicing attorney for eighteen years. Having been formally admitted as a member of the bar of Tioga, he made a motion for the admission of his colleague, Francis C. Campbell, also of Williamsport. Ethan Baldwin was admitted at the same time. These were the first attorneys admitted. It is regretted that nothing is known of Henry Wilson. Whence did he come? Who was he, and where did he belong?

The ceremonies of admission being over, Eddy Howland and Timothy Ives, commissioners, informed the court that Samuel W. Morris, who was elected at the general election held in 1811 to serve three years as a commissioner, desired to resign, as he had been elevated to the bench. The court therefore appointed Nathan Niles, Jr., to fill the unexpired term of Mr. Morris. Aside from some road petitions there was little business before this court. Preliminary steps, how- ever, were taken towards bringing some important suits at the next term, and this was why the attorneys from abroad were present.

There is a tradition that the opening of the court was regarded as such an important affair that the event was celebrated by a dance in the evening at the tavern kept by Alpheus Cheney. It was given a semi-official character by the judge, who was present and played the violin for the dancers. There is nothing on record to show that the dance really took place under the direction of his honor,

EARLY COURTS AND CASES.

hence we have to depend on the tradition alone. It was well understood, how- ever, that he was a man who played the violin and loved fun, and as he was only about thirty-three years of age, but had seen much of frontier life, it is not improbable that he joined in the merry-making.

In visiting this addition to his district the judge came via Covington, travel- ing over what was known as the "East and West Road," which came direct from Towanda, where he then probably resided, as it was in the center of his district.

DOCKET ENTRIES.

At the April sessions, 1813, the business of the court seems to have been fairly under way. The first case called was that of Levi Ives vs. James Dickinson and James Matteson. This was an ejectment suit, and the sheriff'a returns show that on March 17, 1813, he "served the writ for John Ives, Benjamin Ivea, Roswell Ives, John Ives, Jr., Jesse Losey, Samuel Losey and Moses Caldwell." A con- tinuance was held until the November term, when the jury returned a verdict for the defendants, "plaintiff to pay the cost, whereupon judgment fi. fa sheriff returns that he took the body of Levi Ives, who was discharged by James Dickinson and James Matteson." Francis C. Campbell, of Williamsport, appeared for the plaintiff, and Ethan Baldwin for the defendants. The writ was one growing out of land troubles.

The second case was the trespass suits of Abraham Foster vs. David and Jere- miah Miller. It resulted in a non-suit being entered by the plaintiff.

At this term of court the following tavern licenses were granted, for which the prothonotary charged a fee of $1.15: Sarah Kelsey, widow, on Crooked creek; John C. Youngman, Nathaniel Seely, on Cowanesque; Asa Mann, Tioga river; Jonathan Matteson, on Cowanesque; William Willard, Tioga river; Alpheus Cheney and Israel Greenleaf, Wellsboro; Aaron Bloss, Rachel Berry, Oliver Jen- nings, and Adam Hart, on the Tioga river.

The court announced that "Aaron Bloss and Adam Hart, and all others who now keep tavern under former licenses, are permitted to go on until next court, and then take out licenses dated at the April term." Licenses previous to this date had been granted by the court of Lycoming county.

At the April term, 1814, the grand jury, of which Luke Scott was foreman, reported "that the county jail is sufficient to imprison debtors for the present." From this we infer that it was not in very good condition for more desperate characters.

A HORSE THIEF CONVICTED.

At the August term, 1814, the first case on the criminal docket was that of Samuel L. Mills, indicted for horse stealing. Nathan Niles was foreman of the grand jury. On being arraigned the prisoner pleaded "not guilty." The work of impanelling a jury was proceeded with as follows:

1. John Hart, 2d,

2. Samuel Carpenter,

3. Jonathan Thorndike,

4. Erastus Niles,

5. Daniel Cummings,

6. Benjamin Lawrence,

7. Caleb Austin.

HISTORY OF TIOGA COUNTY.

This exhausted the panel, whereupon the court ordered a talis de circum- stantibus. The sheriff summoned and returned the following new men and the jury was completed:

8. Cyrus Wright,

9. Harris Hotchkiss,

10. Elihu Hill,

11. Israel Bulkley,

12. Ichabod Smith.

The prisoner was tried and convicted, and the court imposed this sentence:

Samuel L. Mills [shall] undergo a confinement in the goal of Tioga county for the term of four years, and that he be kept to hard labor, fed and clothed as the law directs; that he pay a fine of eighty dollars to the commonwealth and restore the property, pay the cost of prosecution, and stand committed till the sentence be complied with.

And the court further directs, that the confinement and labor mentioned in this sen- tence be undergone in the goal and penitentiary in the City of Philadelphia.

At this term of court the grand jury reported concerning the jail as follows: "We have viewed the prison of Tioga county and say it is in no manner fit for the reception and safe keeping of either debtors or criminals."

At September term, 1816, May term, 1817, and December term, 1819, Judge Thomas Burnside, of Bellefonte, presided. He was assisted by associate Judges Morris and Kilburn.

SIX MAGISTERIAL DISTRICTS ESTABLISHED.

According to a minute on the journal of the commissioners, dated October 6, 1814, the board met and transacted the following important business:

In conformity to an act of the legislature of Pennsylvania of the 14th day of March, 1814, making it the duty of the commissioners of Tioga county to lay off the said county into suitable districts for the appointment of a competent number of justices of the peace, the said commissioners having met on the day and place aforesaid do resolve, to wit:

That the county be divided into six districts and bounded in the following manner: The township of Delmar shall be a district and numbered one.

The township of Deerfield shall be a district and numbered two.

The township of Elkland shall be a district and numbered three.

The township of Tioga shall be two districts and numbered four and five. District number four shall begin at the ninety-third mile-stone on the State line-thence south ten miles and 310 perches by Elkland township to the line of Covington township; thence by the line of Covington township, east six and a half miles; thence north ten miles and 310 perches to the State line; thence west on the State line six and a half miles to the ninety-third mile-stone, the place of beginning.

District number five shall begin at the eightieth mile-stone on the State line; thence south six degrees east by the line of Bradford county eleven miles to a post; thence west by Covington township seven and a half miles to district number four, before described; thence north by district numbered four, ten miles and 310 perches to the State line; thence east on the State line six and a half miles to the eightieth mile-stone, the place of beginning.

The township of Covington shall be a district and numbered six.

TIMOTHY IVES,

HOPESTILL BEECHER,

AMBROSE MILLARD,

Com.

EARLY COURTS AND CASES.

These six districts, according to an enumeration made in pursuance of an act of the legislature, contained 463 taxable inhabitants, distributed as follows: Delmar, Daniel Kelsey, justice, 87; Deerfield, no appointment of justice, 63; Elkland, Dor- man Bloss, justice, 79; Tioga, the original township, William Rose, justice, 139; Covington, Daniel Lamb and Elijah Putnam, justices, 95.

THE GREAT SLAVE HUNT.

It has been stated that a few slaves were brought here by the Wells family from Delaware, and that they were manumitted. In later years runaway slaves occa- sionally found their way into this section, either to visit colored acquaintances, or while in transit for Canada via the "Underground Railroad." Mr. Emery in his in- teresting reminiscences of early life in Wellsboro records the incidents of a slave hunt which were very exciting if not thrilling.

It was in the fall of 1828 or 1829 that two young colored men came to Wellsboro and stayed a day or two with "Uncle Eben Murry." They were set to work by .Judge Morris. Two other boys came into the county with them, but they found employ- ment at or near Covington. The first two remained a month or more with the Judge, when the people were startled by the announcement that Messrs. Boyd and Freanor, of Maryland, were in the village as owners and claimants of the two young colored men, who were fugitives from slavery, and had obtained writs of arrest from Judge Kilburn, of Lawrenceville, and had placed them in the hands of ('hauncey Alford and Carlisle Atherton as deputy sheriffs. Word waa immediately sent to the runaways that their masters were in town, and a short time after receiving the infor- mation they were fleeing across the hill to the ('ovington road, to be met there by the two deputies, who brought them back to the village, where they were handcuffed and fettered with irons brought by their claimants, hustled into a sleigh and started for Judge Kilburn's, at Lawrenceville, followed by Judge Morris to see fair play.

What was to be done? "Uncle Eben and Aunt Hetty" thought it was terrible. It was talked over half an hour or so, when some one said, "Let's go down and see the fun and help the boys if we can." Another, more executive than the rest, sug- gested that they should "take out a habeas corpus returnable before Judge Morris in Wellsboro, bring them back and have the hearing here."

"But Judge Morris has gone to Lawrenceville and there is no one to bring them back and have the hearing here," interposed another.

"Make out the writ in due form," exclaimed another, "and have Judge Morris sign it at Lawrenceville."

"But they will insist on trying it there before the judge."

"Ilustle him home as soon as he signs the writ and before it is served," yelled one in the crowd, which had largely increased and was still rapidly increasing.

"What good will it all do?" said a conservative gentleman in the crowd. "The owners have the law on their side, and they will take the niggers back anyhow."

"We'll see." shouted a dozen voices at once. "Hurrah for Lawrenceville and freedom for slaves!"

A hurried consultation was held by a few outside the crowd. Mr. Donaldson, clerk in the prothonotary's office, went up to the office; two or three others went off in different directiona. Another half hour passed. Mr. Donaldson came out of

HISTORY OF TIOGA COUNTY.

the office holding a folded paper in his hand; a couple of double sleighs drove up and as many as could get in loaded them up; but the conservative gentleman looked on, declining to go. Three cheers were given for the darkies and the party drove off for a frolic or something else, most of them having no clearly defined idea of what was going to be done, or what was contemplated as a result. Perhaps an hour and a half or two hours had passed before they were fairly under way.

Two or three of the party seemed to be anxiously looking out on the north side of the road as they passed down the creek and whispering quietly to each other, as if they were hatching some conspiracy or looking for a good site whereon to build a reputation or start a negro plantation. Someone in one of the sleighs suggested that it would be a good plan to get up a hustling fight on the way back and let the negroes get away; and he chuckled loudly over his suggestion, as though it was an original thought.

Onward dashed the rescuers. What a flourish they made as they drove up to the tavern door of that great apostle of temperance who kept the only tavern in Lawrenceville, and what cheering news the loungers gave as they saw the formida- ble delegation from Wellsboro.

"Too late, boys," shouted Samuel Hunt, "the niggers are on their way to Canada, and their owners are laid away upstairs, afraid of their lives; but, come in, all hands, and take something;" which they did, of course.

The house was full, and a more excited and wild set of fellows, when they had got fairly mixed in and sufficiently refreshed at the bar, it would have been hard to find.

During the afternoon an important arbitration was in progress at Lawrenceville -one party living on the Cowanesque and the other up the Tioga-and it had ex- cited considerable interest and drawn together a large collection of people. The arbitration had run into the edge of the evening, and was about concluded when Deputy Sheriffs Alford and Carlisle Atherton drove up to the tavern with their prisoners, accompanied by the Marylanders and followed by Judge Morris in his cutter. It was soon whispered about that the two blacks were fugitive slaves, who had been living with Judge Morris, and that the two strangers were their masters from Maryland.

Those who are old enough to know what an arbitration sometimes was in those early days, and how easily a large crowd, stimulated by whisky, became excited, can in some measure judge of the situation. The capture of fugitive slaves in Tioga county was a new thing. The people, somehow or other, had got it into their heads that when a slave had escaped out of the southern into the northern States he was, or ought to be, free. They, as well as those who went down from Wellsboro, thought that the darkies ought at least to have fair play; that their shackles ought to be taken off and-the sheriff being the umpire-there should be a fair run or a fair fight, the slaves for liberty and the masters for the darkies. Under such circumstances, if the boys were foolish enough to be taken, then they were not in fact fit for freedom.

But the sheriff would not agree to any such arrangement, and Messrs. Boyd and Freanor were not consulted on the subject. So the ground was reconnoitered and the room occupied by the sheriff examined with a view to ascertain its exact situation and military defense. Some hard words were said, threats of lynching

EARLY COURTS AND CASES.

heard, advances and retreats made, pistols drawn by the Marylanders, and on the whole it looked as though there might be some "little unpleasantness."

The sheriff, however, kindly informed the owners that he knew the people of Tioga county better than they did; told them to put np their pistols, or he should be under the necessity of putting them under arrest to save their lives; for if one shot was fired he would not be answerable for their safety; and that if they valued their lives more than their slaves they had better leave the defense of their property in his and his assistants hands; "for," said he, "you will be dead men in less than ten minutes after the first shot is fired!" The belligerent Marylanders were effectually frightened and slunk back into the corner.

In an instant a rush was made by the crowd, the lights were extinguished in that room and in the bar room, the darkies were seized and hurried to the door- one, however, was recaptured but retaken-and both were hurried over the line into the State of New York, which passes near the village. From one the shackles were easily taken; for either his heels were too short and his hands too small, or the irons were too large. From the other the shackles were taken by break- ing them.

The names of the principal leaders in the rescue have been preserved. They were: Joseph McCormick, Elkland; William Garretson, Tioga; Almon Allen, Medad Gunn, and Samuel Hunt, Mansfield. After the shackles were taken off a contribution of money was made for the benefit of the fugitives, and they were sent on their way toward Canada.

Early next morning a warrant was issued by a justice of the peace at Tioga, and Messrs. Boyd and Freanor were held to bail for kidnapping. No obstacle was thrown in the way to prevent them from obtaining bail. In fact, it was a part of the programme that they should be bailed. It may be as well to say here that, of the other two fugitives, an attempt was made to arrest one at Covington, but being a strong and powerful man, he knocked down his would-be captor and escaped to the woods; the other was for a while concealed in the cellar of Elder Ripley, beyond Mansfield, on the road to Troy; and after the excitement was over and the owners gone from the country, he was furnished with money and sent northward into Canada.

Soon after this exciting affair an action for trespass was commenced in the United States court, by the owners of the colored men who had been rescued, as they did not like the idea of being so summarily deprived of their property, if it did consist of flesh and blood. Proceedings were begun against Joseph McCormick, Oliver T. Bundy, William Garretson, Almon Allen, Samuel Hunt, Medad Gunn, and several others whose names are not now recalled. Medad Gunn was not notified, for he "went off" before the marshal had time to serve the writ upon him. The case took its regular course, was put at issue and set down for trial at the United States court at Williamsport, and a large number of witnesses from Tioga county were sub- poenaed, among them Josiah Emery; but as none appeared, the case was continued to the next term.

After the case was continued, Joseph McCormick had an interview with the plaintiffs, and offered, if they would return home, to furnish sufficient evidence to convict the defendants, and would himself be a witness, as he knew every one

HISTORY OF TIOGA COUNTY.

engaged in the rescue. The bargain was concluded and a paper drawn up and signed in which it was stipulated by the plaintiffs that, on the condition of the payment of twenty-five dollars by said McCormick, to be considered as full satisfaction of any damages claimed from him, he was discharged from the suit.

The next term the case came on for trial. Judge Lewis presented the McCormick paper discharging him from all further claim for damages, and moved the discharge of all the other defendants, on the principle that the receipt of satis- faction from one of several joint trespassers was a satisfaction by all. Thus ended the suit through this acute legal dodge. McCormick always claimed that some one of the defendants stole the paper from his desk; but the truth is, it was a little bit of "sharp practice" got up between Ellis Lewis and McCormick, and the paper was handed over to Lewis by McCormick himself. The Marylanders saw that they were defeated and soon after departed.

The two rescued colored boys fled to a point near Rochester and obtained em- ployment at a country tavern, and their whereabouts was soon afterwards known to Judge Morris. When the Marylanders were discharged from the kidnapping suit they hurried north instead of south, still intent on looking for their property; and when Judge Morris became aware of that fact he suspected they had found out the location of the boys, and had gone to have them arrested and make another attempt to carry them to Maryland. He acted quickly. Harnessing his horse and sulky he started after them, and changing horses at Lawrenceville, overtook the stage at Painted Post, and found Messrs. Boyd and Freanor aboard. Leaving his horse and sulky he took passage in the stage with them.

But the ride was apparently too much for him, and when the stage stopped a few miles from where the boys were at work he was so sick(?) that he had to retire to a private room to be doctored, where, making a confidant of the landlord, he pur- suaded him to hitch up a fleet team and send him to the tavern ahead, and in the meantime detain the stage as long as he could under pretense that he would soon be well enough to go on!

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 Tioga County, Pennsylvania, Part 10

Author: Publication date: 1897 Publisher: Harrisburg : R. C. Brown Number of Pages: 1454

Author:
Publication date: 1897
Publisher: Harrisburg : R. C. Brown
Number of Pages: 1454