History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended, Part 97

Author: Gibson, John, Editor
Publication date: 1886
Publisher: F.A. Battey Publishing Co., Chicago
Number of Pages: 1104

USA > Pennsylvania > York County > History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended > Part 97

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).

The following is a list of the grand jury selected for the first court of quarter sessions, October, 1749 : Michael McCleary, Thomas Hosack,

William McClelland, Thomas Sillick,

Samuel Moore,

James Agnew, Hugh Bingham, James Smith,

James Hall, Richard Brown,

Menges' Mills,

Slate Hill,

Smith's Statiou, Spring Forge, Springvale, Star View, Sterner,

Thomasville,

Weiglestown,

Seitzland,

Slab,

Fawn Grove,

Gatchellville,

Brodbeck's,

Hartley,

Dallastown,

Laurel,

492

HISTORY OF YORK COUNTY.

They all were sworn except three who af- firmed. The names are all English or Scotch- Irish. A number of them were Quakers.

The following is a list of the names of constables appointed for the different town- ships of York County at the first court : Newberry, Peter Hughs,

Warrington,

Robert Vale,

Manchester,

Christian Lowe,

Hellam,

John Bishop,

Chanceford,

George Farr,

James Edgar,

Fawn, Dover,

Caleb Hendricks,

York, George Greybill,

Manheim, Valentine Herr,

Monaghan,

William Langley,

Paradise,

John Frankelberger,

Shrewsbury, Hugh Low,

Codurus,

George Ziegler.

The following named persons were rec- ommended to the governor as proper persons to keep public houses of entertainment, at the same session of court : Michael Swope, George Mendenhall, John Edwards, Michael Bardt, George Hoake, Jacob Fakler, Samuel Hoake, William Sinkler.

There were a number of taverns opened under the authority of the Lancaster County Court several years before.

The first case tried was the King vs. Mil- ler and Smith, overseers of the public high- ways. An indictment was preferred against them jointly for neglect of duty. The de- fendants were discharged upon paying costs.

The second case was the King vs. James King for assault. This case was settled. The above two cases were the only ones for trial at the sitting of the court. The second court of the quarter sessions was held on January 30, 1750. Hance Hamilton was sheriff, and William McClelland, foreman of the grand jury, which consisted of nineteen men. At this court the first case attached was Dominus Rex vs. John Morningstern. George Stevenson, Esq., is recorded as pros- ecuting attorney for "our Sovereign Lord the King." John Proby was indicted and plead guilty to selling liquor by small measures, without legal authority. He was sentenced to pay a fine of £5 in English cur- rency, which George Stevenson, clerk of the courts received, and was ordered to pay it to the secretary of the province. George Ross and David Stout were attorneys for the de- fendant. In another case at this court a defendant was found guilty by a jury of twelve men "of feloniously stealing one linen shirt and one pair of stockings," and was sentenced "to immediately receive on his bare back, at the public whipping post, fifteen lashes, and to go to the county gaol (jail) twelve days for the costs of the prosecution, being unable to pay them." This case illus-

trates how our ancestors put into full force the English laws. The whipping post was in common use in England at this date. It was used quite frequently in this county during its early history.

The next court convened on April 24, 1750. Nineteen men formed the grand jury: Will- iam Peters, Esq., was prosecutor for the king. Several cases were tried. In the July sessions 1750, two of the grand jurors who were drawn, presented themselves, but refused to be qualified according to the de- mands of the court, whereupon they were fined, and were then allowed to depart in peace for their homes. At this session John Law- rence, Esq., was prosecutor for the king. An incident occurred which created considerable confusion-an impetuous Scotch-Irishman, lost his temper while testifying before the court as a witness in a somewhat important case, and used violent oaths, whereupon the court sentenced him to pay a heavy fine which the records show was promptly paid.

Margaret Wilmoth plead guilty "to felo niously taking a silk handkerchief," and was sentenced by the court to receive immedi- ately on her back fifteen lashes. By this sentence it shows that the women, as well as the men, were sentenced to the unmerciful whipping post, by our provincial justices. It does not speak well for the gallantry of the court of those historic days, but illus- trates that the modes of punishment, as well as customs of those days, were imported. At the same sitting of the court all the tavern- keepers of the county were required to give bonds "to not suffer any drunkenness, un- lawful gaming, or any other disorder, or sell any intoxicating drinks to the Indians to debauch or hurt them.". This being the year 1750, a few years before the French and In- dian war, there were a considerable number of Indians within the county. Many of them had great inclination to partake of ardent spirits, or "fire-waters," as they were wont to call them. The provision of the court, forbidding the sale of such liquors to them by the whites, was wise and beneficial. In early colonial days, many homes were de- stroyed by the intoxicated red man.

At the October sessions, 1750, Hance Ham- ilton, sheriff, remonstrated to the court in writing, setting forth that by reason of tumultuous behavior of sundry persons, at the last election, he could not make such return as by the act of assembly was required." The court ordered that the commissioners and assessors who served the previous year, continue in office during the ensuing year, or until a new election be held. All the

493

NOTES FROM EARLY COURT RECORDS.

voting for county officers at that time was done in the county seat; voters from the re- mote places of the county, were compelled to come to York to cast their ballot for county and provincial offices. A bitter contest took place at the election for sheriff between Hance Hamilton and Richard McAllister. The latter was declared elected, but ou ac- count of fraud in the voting, and violence at the polls, the provincial authorities afterward decided in favor of Hance Hamilton. This will explain the cause of his statement to the court in relation to the election. This was the second election for sheriff.

On the death of Walter Sharp, one of the county commissioners, the vacancy was filled by a vote of the surviving commissioners, and the assessors electing William McClel- land, for the current year. The commis- sioners then were George Swope, Patrick Watson and William McClelland. Alexander Love produced a commission under the seal of "Hon. James Hamilton, Esq, lieutenant governor of the Province of Pennsylvania, and counties of New Castle, Kent and Sus- sex on the Deleware," dated October 9, 1750, declaring him coroner of the county of York. His qualifications, professional requirements and Christian belief, enjoined by law, and ability to faithfully discharge his duties, were certified to in his commission.

The next court of quarter sessions, 1751, was held by Patrick Watson, Esq., and his associates. It will be here observed, that he was the second presiding justice of the court. A commission from his majesty King George II, of England, dated April 25, 1751, assigning Patrick Watson, John Day, John Wright, Hance Hamilton, George Stevenson, John Withrow, Walter Buchanan, John Blackburn, John Pope, William Grif- fith and Herman Updegraff, justices of the peace under the king of England, and also empowered to be justices of the court of common pleas, was read in open court and published. Patrick Watson, John Day and Herman Updegraff, subscribed the oath and took their seats for this court. Their first business transacted was the admission to practice before their court of Edward Shippen, Jr., who already was a mem- ber of the honorable society of the Middle Temple bar of London, John Matthew, Jr., was admitted as an attorney at the same time.

At the July term of court Samuel Morris and Joseph Galloway were admitted as at- torneys; Alexander MeDonald and Felix Gallagher were granted peddler's license; Bartholomew Maul was elected commissioner at what was termed the "anniversary elec-

tion," and was qualified October 29. He was the village schoolmaster of York. Hugh Bray was admitted as a practicing attorney January 28, 1752.

At this court the Grand Inquest made com- plaint that "John Proby forced open the door of the Chamber and treated them in an inso- lent and indecent manner." The Court or- dered him to pay a fine of 20s. "It was paid the same day to Richard Ferguson, whose house was burned." Proby was a notorious criminal. He was twice tried at the Lancas- ter court, and a dozen times before in York court. Charles Crim, a grand juror, at this session, "for breaking the peace and casting a glass of wine in another juror's face," was fined 20s.

RATES IN TAVERNS.

The general assembly of Pennsylvania, considering that inn-holders, etc., exacted excessive rates for their wines, provender, etc., made a law on the 31st of May, 1718, by which the justices of the peace, in their quar- ter sessions, should set such reasonable prices as they should see fit. The justices of York County, on the 28th of January, 1752, estab- lished the following rates and prices; we give them from an extract taken word for word from the records of the court of quarter ses- sions:

€

One quart sangaree made with one pint of good Madeira wine and with loaf sugar. .

1 6

A bowl of punch made with one quart water with loaf sugar and good Ja- maica spirits. 1

One pint good Madeira wine.

One pint good Vidonia wine. 0

One pint good Port wine. .. 1 0

One quart of mimbo made with West India rum and loaf sugar ... 0

One quart of mimbo made with New England rum and loaf sugar. ... 0

One gill of good West India rum. 0

One gill of good New England rum. 0

One gill of good whisky. 0

One quart of good beer. 0

One quart of good cider.

One man's breakfast. 0

One man's dinner. 0

One man's supper.

One horse at hay twenty-four hours .. 0 10

One horse at hay one night. 0 8

Half a gallon of good oats. 0

"The above rates were settled by the court and proclaimed by the crier in open court of general quarter sessions, in pursuance of ap act of general assembly of this province in such case made and provided."

The above continued for some years to be the tavern rates within the county of York. But the statutes requiring them have long since been repealed.

A certain defendant at same court was con-

494

HISTORY OF YORK COUNTY.

victed of an assault to commit a rape. He was sentenced to pay a fine of £5 to the gov- ernment, be publicly whipped on his bare back twenty one lashes, on the 28th day of May, 1752; after first punishment, he was placed for one hour in the pillory. This was one of the most severe punishments that could be imposed. The use of the whipping post seems severe, but the pain in the pillory was excrutiating. The pillory, an ancient instrument of punishment, consisted of a frame of wood erected on posts, with mova- ble boards and holes through which the head and hands of a criminal were placed to punish him. The punishment was a pain- ful strangulation. The pillory was used in England until 1837. At the January term 1753, John Adlum was qualified as the second high sheriff of York County, having been elected to fill the position vacated by Hance Hamilton. Thomas Otway and William Parr were admitted to practice law in York County. Twenty-nine persons were recommended to the governor of the province as proper per- sons to keep public houses of entertainment in the county of York.

On October 30, 1753, James Agnew was qualified as county commissioner. Edward Shippen, Jr., was prosecuting attorney.

Thomas McCartney was sworn in as com- missioner, and Samuel Johnston admitted to practice October 28, 1755. The courts until this year were held in private houses. The court house was completed in 1755. Among the records of 1758 is found the petition of Francis Whistle, a prisoner in the county jail, being a runaway servant of John Oliver, of Maryland, to whom notice was sent to come and pay the prison fees and other charges due, amounting to £3 1s. 6d. The petition set forth that Francis Whistle had no money to pay said fees and asked that he might be adjudged to serve a reason- able time, in satisfaction of costs and ex- pense, whereupon the court ordered that the said Francis Whistle be sold to some proper person by the jailer to serve for one year. The purchaser or master to furnish him suffi- cient meat, drink, apparel and lodging dur- ing said term. Whistle was what was then termed a "redemptioner."

The session held during the month of Octo- ber, 1760, was presided over by Thomas Ar mor, Esq., a man of considerable ability as a jurist. He filled several important positions during the Revolution. In 1761 there were forty- four public houses in York County eigh- teen being in the town of York. During this year, Edward Shippen, Jr., prosecuting attor- ney or attorney for the king, was succeeded

by John Mather. At the January sessions 1763 Robert McPherson was sheriff of the county, and Robert Magaw attorney for the king. He was succeeded by George Ross. This year there were fifty-nine persons licensed to keep tavern in the county. At the October session of 1763, John Morris, Jr., of the city of Philadelphia, became prosecuting attorney for York County. The entry on the record is as follows:

"John Morris, Jr., of the city of Philadel- phia, attorney at law for our sovereign Lord the King in this court by virtue of a deputa- tion from Benjamin Chew. Esq., attorney general of the Province of Pennsylvania."

John Blackburn, a Quaker, residing in Warrington Township, presided over the next court, beginning October 17, 1764.

George Stevenson, Esq., who was prosecut- ing attorney at the first court of quarter ses- sion, and was clerk of the court, register, and recorder since the erection of the county in 1749, presented his resignation to the court on October 30, 1764, after having served in that office sixteen years in succession.

The court-records kept under his direction, still in an excellent state of preservation, are examples of neatness and care. The court, after appropriate ceremonies, accepted his resignation, and Samuel Johnston was ap- pointed to succeed him in office. Johnston presented to the court his commission "from the Hon. John Penn, lieutenant governor," at the next meeting of the court, which was read and approved.

During the next two sessions, the celebrat- ed Benjamin Chew, attorney-general of Penn- sylvania, was present and conducted the pros- ecution in certain important provincial cases.

Alexander Ramsey, keeper of the jail of York County, petitions the July court setting forth, that Andrew McCollins, "a runaway servant boy (redemptioner) has remained in jail for a long time, and has been advertised and notice given to his master," whereupon the court ordered that the said servant be sold to pay the said jailer what is due him for support and maintenance while in prison.

In the year 1768, a certain defendant was convicted of stealing from John Spore two gold Spanish doubloons, one gold Spanish pistole, one gold French pistole, one gold coin called a half johannes, two bills of credit of Maryland, all of which were valued at the amount of £24 in the province of Pennsyl- vania. There, doubtless, was a great variety of money in use during this period. At the January sessions (1768) the citizens of Man- chester Township petitioned the court, set- ting forth that they had learned that "cer-

495

NOTES FROM EARLY COURT RECORDS.

tain citizens of Manchester, Dover and New- berry Townships had petitioned the court for a public road, to lead into George Street, York; that the said road from the north, as petitioned for, would lead through James Wright's unimproved meadow land, which is low ground, and would have to be cause- wayed, and extend across Codorus Creek, which, during a great part of the year, would be impassable, except the county would build an expensive bridge. The creek at this point is very broad and the banks low. We, therefore, petition the court to have the road laid out so as to enter High (Market) Street, where there is a bridge." This petition shows that no bridge at this time existed over the Codorus at North George Street, but that there was one on West Market Street. At the April session of the same year, the court. by the advice of the grand jury, ordered that "a good stone bridge be built over the Codorus Creek in York, and appoint David Jamison, Martin Eichel- berger, Michael Swoope and Samuel John- ston, Esqs., and Thomas Stockton, Joseph Updegraff, Hugh Dunwoodie and "Dr." John Meem to agree with proper workmen, and have the same built as soon as conven- ient, the old bridge of wood being very much decayed, and the sills rotten, so that it was dangerous to cross with heavy wagons." The old stone bridge, which stood so many years at that point, was built the following year.

In July sessions, 1768, the county com- missioners requested that the county prison be enlarged, as it was too small for a work- house and prison, and that the walls were not safe, whereupon the court ordered them to build an additional building. This was done during the next year. It was the same building which stood on the corner of South George and King Streets until 1855, when the present jail building was erected.

At the October sessions James Pitt was found guilty of counterfeiting a two-shilling bill of credit of the province of Pennsyl- vania, changing it to a ten-shilling bill of credit. The defendant plead not guilty. The case was conducted by Andrew Allen, attorney-general of the province. The de- fendant, upon a trial before twelve men, was found guilty and received the following terrible sentence: "That the said defendant stand in the pillory in York on the 29th day of November of the year 1768, between the hours of ten and twelve in the forenoon, for one hour. That then he shall have both ears cut off, and that they be nailed to the said pil- lory. That the said defendant shall then be

whipped at the publick whipping-post in York with thirty-nine lashes on the bare back well laid on, and then pay a fine of 100 pounds law- ful money, the one half to the governor of this province for support of the government, and the one half to the discoverer; that the de- fendant pay the costs of this prosecution, and as he has no lands or tenements, goods or chattels to pay said fine, he is hereby ad- judged to be sold for the term of four years to make satisfaction for the said fine of 100 pounds."

The penalty for counterfeiting was sure death in England at this time, and until a much later period.

Michael Graybill was appointed keeper of the workhouse and the house of correction for York County, to serve during his pleasure, January, 1771.

An order to build a bridge across the Co- dorus Creek at William Spengler's mill, on the road leading from York to Baltimore, was granted April, 1772. Robert McPherson, Esq., of Marsh Creek, now Gettysburg, was then president justice of the court. In 1774 a woman was convicted of stealing two articles of clothing, and was sentenced to re- ceive fifteen lashes at the whipping-post. Extracts from records of a later date might prove interesting but cannot here be given. The presiding officers of the court for the first twenty-five years were all English; Mar- tin Eichelberger and Michael Swope were the first Germans who attained prominence in court matters.

We close these notes with a letter sent from Conewago, now Hanover, to George Stevenson, who was one of the "bosses" in county affairs. Politics is politics even un- der the King.

Friend Stevenson: We spoke with our nebors that you shall Run Sheriff on our ticket if you but in Frederick Gelwix for commissioner that is to say in our parts and if not you shall have no interest more in our parts aud if you will Do So send us a few lines back again. So much from your friends.

MICHAEL DANNER. FRED. GELWIX.

CONEWAGO, Sept. 14, 1765.

The original is in possession of Henry Wirt of Hanover.

"DR." DADY.

The following account of that noted im- postor, Dr. Dady, is taken from that written by the Hon. John Joseph Henry, then president judge of our courts, and sent by him to Philadelphia with the convicted impostor. Judge Henry wrote the account from notes taken at the trial.

Dr. Dady, who was a German, came to this country with the Hessians during the Revolu-

496

HISTORY OF YORK COUNTY.

tion. Possessing a fascinating eloquence in the German language, and being fluent in the English, he was employed as a minister by uninformed but honest Germans,which he laid aside and assumed the character of a physician. He came to York County, and dwelt among the inhabitants of a mountain- ous part (now within Adams County), where, in various artful ways, he preyed on the purses of the unwary.

The following is an account of an Adams County imposition :

Rice Williams, or Rainsford Rogers, a New Englander, and Jolin Hall, a New Yorker, (both of whom had been plundering the inhabitants of the Southern States by their wiles, ) came to the house of Clayton Cham- berlain, a neighbor of Dady, in July, 1797.

In the morning, Dady went to Chamberlain's and had a private conversation with Williams and Hall. After Dady had left, Williams asked Chamberlain whether the place was haunted. Being answered in the negative, he said that it was haunted-that he had been born with a veil over his face, could see spirits, and had been conducted thither, sixty miles, by a spirit. Hall assented to the truth of this. In the evening, they had another interview with Dady. Williams told Chamberlain, that if he would permit him to tarry he would show him a spirit. This being agreed to, they went into a field in the even- ing, and Williams drew a circle on the ground, around which he directed Hall and Chamberlain to walk in silence. A terrible screech was soon heard proceeding from a black ghost ( !!! ) in the woods, at a little dis- tance from the parties, in the direction oppo- site to the place where Williams stood. In a few minutes a white ghost appeared, which Williams addressed in a language which those who heard him could not understand ; the ghost replied in the same language. After his ghostship had gone away, Williams said that the spirit knew of a treasure which it was permitted to discover to eleven men- they must be honest, religious and sensible, and neither horse-jockeys nor Irishmen.

The intercourse between Williams and Dady now ceased to be apparent ; but it was continued in private. Chamberlain, convinced of the existence of a ghost and a treasure, was easily induced to form a company, which was soon effected.

Each candidate was initiated by the re- ceipt of a small sealed paper, containing a little yellow sand, which was called "the power. " This "power " the candidate was to bury in the earth to the depth of one inch,

for three days and three nights, performing several other absurd ceremonies.

A circle two inches in diameter was formed in the field, in the centre of which there was a hole six inches wide and as many deep. A captain,a lieutenant and three committee-men were elected. Hall had the honor of the captaincy. The exercise was to pace around the circle, &c .- This, it was said, strength- ened the white ghost, who was opposed by a black ghost. In the course of their exercises they often saw the white ghost.

On the night of August 18, 1797, Will- iams undertook to get instructions from the white ghost. He took a sheet of white pa- per, and folded it in the form of a letter, when each member breathed into it three times. The following is an extract from the epistle written by the ghost.

"Go on, and do right, and prosper, and the treasure shall be yours. I am permitted to write this in the same hand I wrote in the flesh for your direction-0- Take care of your powers in the name and fear of God our protector-if not, leave the work. There is a great treasure, £4,000 apiece, for you. Don't trust the black one .- Obey or- ders. Break the enchantment, which you will not do until you get an ounce of mineral dulcimer eliximer; some German doctors has it. It is near, and dear, and scarce. Let the committee get it-but don't let the doctor know what you are about-he is wicked."

The above is but a part of this communi- cation. A young man named Abraham Kephart waited, by order of the committee, on Dr. Dady. The Doctor preserved his eliximer in a bottle sealed with a large red seal, and buried in a heap of oats, and demanded $15 for an ounce of it. Young Kephart gave him $36 and three bushels of oats for three ounces of it. Yost Liner gave the Doctor $121 for eleven ounces of the stuff.

The company was increased to thirty-nine persons, many of whom were wealthy. Among those who were duped were, Clayton Chamberlain, Yost Liner, Thomas Bigham, William Bigham, Samuel Togert, John M'Kinney, James Agnew, James M'Cleary, Robert Thompson, David Kissinger, George Shockley, Peter Wikeart and John Philips. All these were in the words of the indictment "cheated and defrauded by means of pre- tended spirits, certain circles, certain brown powder, and certain compositions called min- eral dulcimer elixer, and Deterick's elixer."

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 York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended, Part 97

Author: Gibson, John, Editor Publication date: 1886 Publisher: F.A. Battey Publishing Co., Chicago Number of Pages: 1104

Author: Gibson, John, Editor
Publication date: 1886
Publisher: F.A. Battey Publishing Co., Chicago
Number of Pages: 1104