History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 55

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N
Publication date: 1882
Publisher: Philadelphia : H.L. Everts & Co.
Number of Pages: 1216

USA > Pennsylvania > Washington County > History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men > Part 55

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"Ordered, That Isaac Cox, Oliver Miller and Benjamin Kirkindall be appointed, or any two of them, to contract with a proper person or per- Bons to build a goal and court-house in the following manner and at the following place, vizt. : The goal and court-house are to be included in one whole and intire building, of round sound oak, to go twenty-four feet long and sixteen feet wide, two story high; the lower story to be eight feet high, petitioned in the middle, with squeared hewed logs with locks and bars to the doors and windows according to law, which shall be the goal. The upper story to be five feet high in the sides, with a good cabbin roof, with convenient seats for the court and bar, and & clerk's table, to remain in one room, with a pair of stairs on the outside to assend up to said room, which shall be the place for holding court ; with two floors to be laid with strong hewed logs; the whole to be com- pleat and finished in one month from the date hereof. The said build- ing to be erected on the plantation of Andrew Heath at such convenient place as the said Isaac Cox, Oliver Miller, and Benjamin Kirkindall, gen- tlemen, or any two of them shall think proper.

"Ordered, That John McDowell, gentleman, be appointed to take a tour within the following bounds and tender the oath of Allegiance and fidelity to the State, to all free male inhabitants within the same, above sixteen years of age, agreeable to act of assembly; Beginning at the mouth of the east fork of Churteers Creek and extending up the same to Ezekiel Johnstons; thence on a strait line to the head of Peters Creek ; thence on the top of the dividing ridge between the Mononga- bela River and Churteers Creek to the south bounds of the county ; thence with said bounds to the main fork of Churteers Creek ; thence with said creek to the beginning.

"Ordered, That the court be adjourned to six o'clock 1 to-morrow morning.

" JOHN CAMPBELL."

On the next day, Aug. 27, 1777, there seems to have been quite a deal of civil business done. It may be interesting to name the parties to causes wherein orders were made: Alexander Bowling v. William Poston ; Same v. Francis Morrison; Thomas Rankin v. Jeremiah Standsbury; David Day v. Jacob Hen- dricks; John Lyda v. Joseph Cox ; Matthew Dale v. Richard Elson ; Benjamin Jones v. Patrick McDan- iel ; William McMahon v. John Greathouse; Daniel Swigert v. Benjamin Newgent; Peter Reasoner v. Davis Ruth; Balser Shillings v. Spencer Collins; Dorsey Pentecost v. Christopher McDaniel; Burr Harrison v. William Williams; Joseph Lindsey v. George Long; Zachariah Connell v. Providence Mounce ; Same v. John Lindsey; Ignaw Labat v. John Bradley ; Hugh Sterling v. Mordecai Richards ; Ignaw Labat v. Thomas Girty ; Davis Wilson v. Henry Bowling ; Alexander Sumrall and Thomas Jack v. Walter Summerville; John Worthington v. James Poor ; John Snively v. Samuel Beelor ; Richard Yeates v. Brice Virgin ; Richard Waller v. John Earskin;

Dorsey Pentecost v. James Poor. The spelling of the original is preserved in this list. Isaac Leet, Sr., Joseph Beeler, Sr. (the late Westmoreland County commissioner), John Carmichael, James Rogers, Isaac Reason, James McLane, James Blackstone, Joseph Becket, and Joseph Vance are recommended to the Governor to be added to the commission of the peace.

" Ordered, That the magistrates appointed to make the Tour of the County and Tender the oath of allegiance and Fidelity, Shall also Take in the Numbers in Each Family within their Respective districts, In order to enable the justices to make an equal distribution of the salt, and make return to October Court."

Isaac Cox was recommended to the Governor to be commissioned as lieutenant-colonel of the militia in the place of Thomas Brown, who had declined the office, when the court rose.

The next term was held Sept. 22, 1777. On the first day of the court

" William Taylor produced a Licence appointing him to preach the Gospel after the manner of his sect ; which being read, the said William Taylor came into Court and took the Oath of fidelity and allegiance to this Commonwealth."

To illustrate, by two of several cases tried, the method of administering the criminal law, the fol- lowing records appear :

"David England, being charged with a breach of an act of Assembly of this commonwealth, Intitled an Act for the punishment of Certain Offences, came into Court and confessed the Charge ; Then came a jury, to wit: James Swolevan, James Wall, Charles Bruce, James Campbell, William Marshall, Joseph Becket, John Crow, Zadock Wright, Edward Cook, Joseph Bealer, Andrew Heath, & John Douglass, and being sworn Bay that they find forty shillings.

* * *

* * * *

" Thomas Estill, being Charged with a Breach of the Act of Assembly of this Commonwealth entitled 'an act for the punishment of Certain Offences,' who being called upon come into Court and pleads Not Guilty ; Whereupon, a Jury being sworn, to wit : James Swolevan, James Wall, Charles Bruce, James Campbell, William Marshall, Andrew Heath, John Crow, Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook, and John Douglass, do say, they find for the Commonwealth Twenty Pounds Current Money.

" Philip Tabor, charged with being guilty of a Breach of an act of Assembly of this Commonwealth, intitled 'an act for the punishment of certain Offences,' being Called comes into Court and Pleads Not Guilty ; Whereupon come a Jury, to wit : James Swolevan, James Wall, Charles Bruce, James Campbell, William Marshall, Andrew Heath, John Crow, Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook, & John Douglass, who upon their Oatha do say the said Philip Tabor is Not Guilty.

* *

" Upon the Petition of Adam Wickerman, setting forth that he is de- Birous of Building a Water Mill on Mingo Creek about three quarters of a Mile from the mouth, and that he owns all the Lands that will be overflowed by the building of the said Mill : It is therefore considered by the Court that the said Adam Wickerham have leave to build and compleat a Mill at the place aforesaid. * * * * * *

"Ordered, that John Campbell, Gent., be requested to furnish the wife of Lemuel Davis, a poor Soldier now in the Continental service from this State, for the Support of herself and three Children, the sum of four pounds per month to commence from the said Lemuel Davis's March from this County.

" Ordered, that the provision made for the Children of Edward Mc- Cawley by a former Order of this Court, shall commence from the time of his March from this Country, and that the funeral Charges of one of the said Children since dead be paid by the said Mr. Campbell, and that

1 So the record reads,-6 o'clock.

216

HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

this Court do draw on the Treasurer of this Commonwealth for the pay-' ment of the same.1

" A letter from General Hand addressed to Col. Campbell requesting that Capt. Alexander McKee's Parole given to the Committee of West Augusta be given up to him the said General Hand, in order to enable him to put Capt. McKee on a New Parole, as he finds it necessary to re- move said Alexander McKee. Ordered that the said Parole be given up to General Hand and that he deposit a Copy of the New Parole to be taken from the said Captain McKee in Lieu thereof, certified by the said General Hand."

The records of the next regular term begin as follows :

" The Court met according to Court in Course at the house of Mr. Andrew Heath Octbr 27th, 1777.

" Present John Campbell, Isaac Cox, Joshua Wright, Richard Yeates, Gentlemen, Justices.

"Ordered that the Court be adjourned to the new Court-House. "JOHN CAMPBELL."

" The Court met at the Court House pursuant to adjournment.

" Present John Campbell, Isaac Cox, Richard Yeates, Joshua Wright, Benj. Kirkindall, Andrew Swearingen, Samuel Newell, Gentlemen, Justices."

On the next day it was

" Ordered, that the Inhabitants of this County have leave to Inoculate for the Small Pox, at their own houses or such other convenient places as they may think proper."

On Oct. 30, 1777, the following order was made :

"Ordered, that Isaac Cox, Oliver Miller and Benjamin Keykendal, Gent., or any two of them, be appointed to contract with a proper person or persons to build a sufficient Stone Chimney in the Court house and Goal, to be carried up in the middle of the building, with three fire places, one in each room of the Goal, and one in the part where the Court is held; and to have the Court Room chunked and plastered ; also a Good loft of Clapboards, with a window in each Glebe (gable), and four pains of Glass of ten Inches by eight, and the Goal rooms to be plastered."

The next regular term was held Dec. 22, 1777, when Maybury Evans was sworn as lieutenant of the militia of the county (county lieutenant), John Crow as cap- tain, and Patrick Lafferty as ensign. Earmarks were allowed and ordered to be recorded for John Crow, Jacob Shillings, Richard Yeates, Oliver Miller, May- bury Evans, Richard Evans, William Anderson, and Michael Taggert.

" On the Petition of Andrew Heath &c, Ordered, that Robert Hender- son, Zadock Wright, John Robertson, John Crow, Thomas Applegate and Andrew Dye, view a road the nearest and best way from Pittsburgh to Andrew Heaths ferry on the Monongahela River, and from thence to Beckets Fort.

" Upon the Motion of Andrew Heath, ordered that he have leave to keep a ferry at his house across the Monongahela River. * * * * *

"Ordered, that the Sheriff collect from every Tythable person within this County, the sum of three Shillings as County Levies, and that he account with the Treasurer of the Commonwealth for the same.

* " Ordered, that the Sheriff pay out of the County Collection to Richard * $

. 1 Beside the foregoing, orders were subsequently made for the relief of the families of other Revolutionary soldiers from Yohogania, some of them as follows: Richard James, - Knox, Thomas Douthard, Abra- ham Ritchie, William Richie, Robert Crawford, - Stewart, William Lindsey, Ezekiel Lindsey, Thomas Dunn, Peter McCorkey, John Depugh, Jeremiah McCarty, William Nau, James Behan, Richard Wade, David Smith, Richard Jones, George Frederick Kiper, John Evans, James Shirley, Charles Churchill, Matthew Burns, John Overlin, Providence Blackstone, William Shaw, Daniel Mckay, Greenberry Shous, Matthew Hindman, Jonathan Davis, Nicholas Hagerty, Thomas Green.

Yeates, the sum of six pounds for laying two floors in a Goal formerly built for this district.2 * %

* * *

"The Ordinary keepers within this County are allowed to sell at the following rates :

One half pint whiskey 18. The same made into Tody 18. 6d. A larger or lesser quantity in the same proportion.

Beer per Quart 18. For a bot breakfast 18. 6d.

For a cold breakfast. 18.

For a dinner. 28.

Lodging with Clean Sheets pr. Night.

6d Stablidge for one horse for 24 hours with good hay or fodder 28.

Pasturage for one horse for 24 hours

6d.

Oats or Corn per Quart .... Supper 18. 6d.

"Ordered, that the above rates commence the fifteenth day of January next, and not before.

"Ordered, that this court be adjourned to-morrow morning at 7 o'clock.

" WILLIAM GOE."

On the 24th of December, 1777, the following orders were made :

"Ordered, that the recommendation for Militia Officers of the 5th & 6th November last, by the justices of this County, be confirmed as the Opinion of this Court, and they do hereby confirm the proceedings of the said Justices respecting the same, as the distressed situation of this County demanded the particular attention of the said Justices at that time.

"Ordered, that Gabriel Cox be recommended to his Excellency the Governor as a proper person to serve as Major of this County, in the stead of Henry Taylor who has resigned his Commission. * ** *

* # * * *

" Upon the Motion of William Harrison, Gent., Ordered that the Clerk issues a summons to call John Stephenson, Thomas Gist, Joseph Beeler and Edmund Rice before the Court, to testify and the truth say, what they know respecting the marriage of Catherine Harrison with Isaac Mason, on the part of the said Catherine."8

No term of court seems now to have been held until March 23, 1778, probably on account of the insuffi- ciency of the building used to protect the court and suitors from the inclemency of the weather. Even at that date, only the justices 1778. residing within convenient distance (Isaac Cox, Joshua Wright, Thomas Freeman, and Benjamin Frye) were present when court opened, although Oliver Miller, William Crawford, and John Stephenson afterward appeared.

There was quite an amount of ordinary business (granting letters testamentary and of administration, orders in civil causes) transacted, and Thomas Prather, Levingston Thomas, and Nicholas Christ were sworn as lieutenants of the militia, Luke Decker and John Johnston as ensigns.

On the next day, March 24th, twelve justices occu- pied the bench,-John Campbell, Isaac Cox, Rich- ard Yeates, Joshua Wright, William Crawford, Oliver Miller, Zachariah Connell, John De Camp, Benjamin Frye, Thomas Freeman, George Vallan- digham, and William Goe.

2 Doubtless this " Goal formerly built for this district" was the Jail on the Wm. Gabby farm, west of Washington, and about a mile from that place.

. * See the record of this matter made April 28, 1778, post., p. 217.

217

CIVIL AND LEGAL-THE COURT OF YOHOGANIA COUNTY.

* *

"James McGoldrick, being charged with pulling down and demolish- ing a Block-house erected by Orders of General Hand for the preserva- tion of the Inhabitants of Pittsburgh, and the said James being brought into Court confesses the charge. Ordered that the said James be held in One hundred pounds, with two securities of fifty pounds each for the appearance of the said James before the next Grand Jury Court, other- wise to remain in Custody of the Sheriff. * * * * *

" View of a road from the Court-house to Pittsburgh, returned by Zadock Wright and Robert Henderson, viewers; passing by Zadock Wright's fields on Peters Creek, thence along the dividing Ridge pass- ing Widow Lapsley's, thence along the Old Road to Stewart's, thence along the old road to Jacob Bousman's. Ordered to be Confirmed.

" Ordered, that Zadock Wright be appointed Overseer of the Road from the Court-House to Martha Lapsley's; Robert Henderson, Over- Beer of the Road from Martha Lapsley's to Jacob Judy's ; and Sebastian Frederick, Overseer of the Road from Jacob Bousman's; and that the Tythable Inhabitants within three miles on each side of said Road work on and keep it in repair, together with the Inhabitants of the town of Pittsburgh. *

* * *

* *

" John Whitaker, a Minister of the Gospel, came into Court and took the Oath of Allegiance and fidelity as directed by an act of General AB- sembly, entitled an Act to Oblige the free male Inhabitants of this State, above a certain Age, to give Assurance of Allegiance to the same and for other purposes."

On March 25, 1778, the record shows a large busi- ness in the militia line. John Stevens and Isaac Cox were recommended as proper persons to serve as colonels of militia. Joseph Beelor, the old West- moreland County commissioner doubtless, and George Vallandigham, of the first board of Washington County commissioners, were recommended as majors.

" William Christy came into Court, being summoned as Garnishee in behalf of John Campbell and Joseph Simon against George Croghan ; being sworn, saith that he hath two pair of Geers, one old ox, one old spade, one pitch fork, one small box of iron and an old Lanthorn, and no more, of the Estate of said George in his hands."

Then John Stephenson and Isaac Cox produced their commissions from the Governor and were sworn as colonels of the militia ; Gabriel Cox, as a major ; George Vallandigham, as a lieutenant-colonel; Charles Reed, as lieutenant; David Lefergee, as ensign; Ed- mund Baxter, as captain.

" Upon the Petition of Samuel Cook, setting forth that he is desirous of building a Water Mill on Brushy Run, a Branch of Chirtees Creek,1 aud praying for an Order for the Condemnation of one acre of Land on the opposite side of said Run to said Cook's Land: Ordered, that the Sheriff summon a Jury of Twelve Freeholders of the Vicinage, to meet on the said Land petitioned for and they being first sworn shall diligently view the said Land and Lands adjacent thereto on both sides of the Run, together with the Timber and other conveniences thereon, with the true value of the Acre, and of the damages done to the party holding the same, and report the same to the next court under their hands and seals."

The following record would indicate that there was at least one individual within the jurisdiction who may have been favorable to Pennsylvania :

"The Commonwealth v. being charged with a disaffection to the Common Wealth.

Jacob Shilling (a criminal)

" Then came the Defendant, who pleads Not Guilty: where upon came a Jury, to wit: Patrick McElroy, Bazil Brown, Benjamin Venatre, John Custard, James Ellison, Pierce Noland, William Marshall, Senr., William Marshall, Junr., John Munn, John Greathouse, Robert Hen- derson & John Morrison, who say that the Prisoner is Not Guilty."

Charles Bilderback produced a commission a- en- sign of the militia, and was sworn ; Isaac Pearce, as captain ; George Redman, as lieutenant ; Elijah Pearce, as lieutenant ; and Richard Waller, as lieu- tenant.

A license to keep an ordinary was granted to Thomas Cook, "at his dwelling-house;" to Jacob Bausman, "at his dwelling-house opposite the town of Pittsburgh;" to John Munn,2 at his dwelling- house ; to William Christy, " at his dwelling-house in the town of Pittsburgh." The court adjourned to meet the next morning at seven o'clock.

" March 26, 1778, the court met according to adjournment. * * * * " Upon the Petition of John Johnston : Ordered that Gabriel Cox, James Wright, Nathaniel Blackmore, and Paul Froman, or any three of them, they being first sworn, view a road the nearest and best way from the Court house to Penticosts Mills 3 on Chirtees Creek and make Return to next Court.""'

April 27, 1778. * *

* *

" View of the road from the Court House to Pentecosts Mills on Chur- tees Creek, returned by the Viewers and ordered to be confirmed, run- ning from said Court House to Spencers point ; Thence near Richardsons School House ; Thence through Gabriel Cox's Land; Thence crossing Peters Creek near John Cox's to Benjamin Collings; Thence to Joshua Wrights; Thence to William Stephensons; Thence to Thomas Cook's; Thence to said Mills ; Ordered, That Gabriel Cox be appointed Overseer of the road from the Court House to Peters Creek, near John Coxes; James Wright, Overseer of the road from Peters Creek near John Coxes to opposite Henry Johnstons; and Nathaniel Blackmore Overseer of the road from Henry Johnstons to Pentecosts Mills on Chartiers Creek, and that the Tithables within three miles of said Road (except on the East side of the Monongahela River) work on, cut open and keep said road in repair."

* * *

* *

April 28, 1778. Andrew Swearingen and David Andrews were sworn as captains, Nathaniel Black- more as lieutenant, of the militia.

* * * * * * * * * "Thomas Gist came into Court, and being sworn on the Holy Evan- gelist of Almighty God, sayeth that in the year of our Lord one Thou- sand Seven Hundred and Seventy-two, in the month of April to the best of his recollection, in the presence of Joseph Beeler, John Stephenson & Edward Rice, he solemnized the wrights of Matrimony between Isaac Meason and Catharine Harrison, according to the rights and ceremonies of the Church of England; he the sd Deponent then being a Magistrate in the State of Pennsylvania and that he was under an oath not to Di- vulge said Marriage Except legally called for that purpose.

" John Stephenson and Joseph Beeler came into Court, and being sworn on the Holy Evangelist of Almighty God, sayeth, that they were present at the Marriage of Isaac Meason with Catharine Harrison in the year one Thousand Seven Hundred and Seventy-two in the Month of April to the best of their recollection, and was under a promise not to divulge the said Marriage, unless legally called, or Death of either of the parties; and the said Joseph farther sayeth that there was a pre-engagement be- tween the said Isaac and Catharine That upon divulging the said mar- riage contrary to the will of the ad Isaac the said parties should be absolved from any obligation to each other as man and wife.

* * * *

* * " Ordered that George McCormick, John Canon & John Stephenson, Gent., be recommended to his Excellency the Governor as proper per- Bons to serve as Sheriff for this County, the ensuing year. * * * *

* * * *

April 29, 1778.

1 This is the Brushy Run emptying into Chartiers immediately below Canonsburg.

2 Of Munntown.

3 Now or late Beck's Mills, or Linden, North Strabane.

218

HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

"George McCormick is appointed Sheriff Protempore to serve one month, he complying with the law ; whereupon the said George with Samuel Beeler and Dorsey Pentecost, his securities, come into Court en- tered into Bond and oath accordingly.

* **

* * *

"Ordered that Isaac Cox, Gentleman, contract with some Proper Person or Persons, to build a pair of Stocks, Whipping Post and pillory, in the Court house yard and also a Complete Bar ; and other work in the Inside of the Court House as he may think proper for the Conveniency of the Court and Bar; the whole to be Compleat by next Court."

* * *

May 25, 1778. *

" View a Road from the House of Edward Cook, crossing the Monaun- gahela River at the House of John Rattans ; Thence to or Near the Plan- tation of John Hop, deceased : Thence to Luther Colvins on Pigeon Creek ; Thence the nearest and best way to the Road leading from Perkesons to Zebulon Collings; Ordered to be confirmed and that the Tithables within three miles on each side work on and keep said road in Repair.

"John Decker, John Hull, Samuel Johnston, Jacob Johnston, Samuel Frye and Henry Newkirk, came into Court and took the oath of Fi- delity,

" Peter Reasoner is appointed surveyor of the road, from Edward Cooks to John Rattans ferry.

"Nicholas Christ is appointed Surveyor of the Road from John Rat- tan's ferry to Pigeon Creek, near the House of Luther Colvins.

"John Decker is appointed surveyor of the road, from Pigeon Creek near the House of Luther Colvin's, to the road leading from Perkesons to Zebulon Collings.

"Then came a Grand Jury or Inquest of the body of this County, Vizt :

"John Decker, Gabriel Cox, John White, Henry Newkirk, Jacob Bousman, Jacob Johnston, John Springer, Nicholas Christ, James Wright, Samuel Johnston, John Hull, Samuel Frye, David Andrew, Joseph Brown, James Patterson who being sworn received their charge and Retired to their chamber."

May 26, 1778.

" A New Commission of the peace, and commission of Oyer and Ter- miner, directed to John Campbell, Edward Ward, Thomas Smallman, Dorsey Pentecost, John Gibson, William Crawford, John Stephenson, John Canon, George Vallandigham, William Goe, John Neavill, Isaac Cox, John McDonald, George McCormick, Philip Ross, Benjamin Kirk- indall, William Harrison, Samuel Newell, Thomas Brown, Thomas Free- man, John Decamp, Joshua Wright, Oliver Miller, Benjamin Frye, Mat- thew Ritchie, Jacob Haymaker, Andrew Swearingen, Benjamin Harri- son, Zachariah Connell, Isaac Leet, Senr. Joseph Beeler, Senr. John Carmichael, James Rogers, Isaac Meason, James McLane, James Black- more, Joseph Beckett, and Joseph Vance, Gentlemen, which being read as usual, the said William Goe, Thomas Freeman, Andrew Swearingen, John McDonald, Benjamin Frye and George Vallandigham, took the usual oaths of Justices of the Peace and Justices of Oyer and Ter- miner.1

" The Court being Constituted took their seats and proceeded to Busi- ne88.

+ * * *

" Tacitus Gillard, Esquire, came into Court and Produced a passport from the Board of War, and Desired that the same may be Entered on the minutes of this Court as a Testimonial of his Allegiance and Fi- delity to the United States of America, which is granted and is as fol- lows:

" WAR OFFICE, YORK TOWN, "October 18, 1777.

" Tacitus Gillard, Esq., late an Inhabitant of the State of South Caro- lina, being on his way to Florida or some of the Countries or places on this side Thereof, or adjacent Thereto, where he proposes to form a set-

1 The following gentlemen named in the commission were subse- quently sworn into office : Isaac Cox, Benjamin Kuykendall, Samuel Newell, Joshua Wright, Oliver Miller, Joseph Beeler, Joseph Beckett, Richard Yeates, Thomas Smallman, John Gibson, William Crawford, John Stephenson, William Harrison, James Rogers, John Canon, Mat- thew Ritchie, Edward Ward.

tlement, and having applied for a passport to enable him to go and travel through the parts of the Country, in allegience to and in Amity with the United States of America, and having produced Testimonials of his having Taken the oaths of allegience and Fidelity, to the said States; These are to permit the said Tacitus Gillard Esq., freely to pass with his family, Servants, Attendance, and Effects, Down the River Ohio, and all persons, are Desired not to molest the said Tacitus Gillard Esq., his family, servants and Effects, on any account or pretence whatsoever.

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History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 55

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N Publication date: 1882 Publisher: Philadelphia : H.L. Everts & Co. Number of Pages: 1216

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N
Publication date: 1882
Publisher: Philadelphia : H.L. Everts & Co.
Number of Pages: 1216