USA > Pennsylvania > Notes and queries historical, biographical, and genealogical, Vol. I > Part 35
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IN COURT 95 YEARS AGO .- In Febru- ary, 1790, the Justices of the Supreme Court wrote to President Mifflin that a negro, "Loudon, " a slave of Major James Dixon, of Dixon's Ford, a brave soldier, who had been at Quebec, "was in confine- ment for kicking James Gross, a poor man, so that he died," stating to the Pres. ident "that the jail at Louisburgh [ Harris- burg] is not finished, therefore the escape of the prisoner is feared. The expense to the county [of Dauphin] for their attendance would be considerable, before autumn," They request a special oyer and terminer for the purpose of trial- naming as "Justices" Joseph Montgom. ery, Christopher Kucher, Alexander Graydon, William Brown and Col James Burd. In first series of Pa. Arch., p. 667, they are noted as "jurors." They were "judges." To save expense none of the Su- preme Judges were present Other gen- tlemen of Dauphin county were jurors. H.
AFTER THE REVOLUTION.
For many years after the close of the' War for Independence, the militia of Pennsylvania were kept properly organ- ized ready for any emergency. Every man was enrolled, and was fined heavily for non attendance at the exercises which were quite frequent-during certain sea · sons once a week, at others once a month. From an old account book we have the
company of Capt. Robert McKee from 1783 to 1788, belonging to Col. Jacob Cook's Battalion. As will be seen, most of the members resided along the Swa- tara and Conewago:
John Reeser, jr., Jacob Rife,
Jacob Hershey, . Peter Riesser,
Henry Bricker, Frederick Shaffner,
Christian Blough, Daniel Shelly,
Jacob Metzger,
John Frey,
Joseph Prim, Jacob Books,
Jacob Nissly ,
Jacob Brucker,
John Branser,
David Detweiler,
Henry Ridley,
Daniel Blough,
John Rife, jr.,
Hanickle Zimmer-
Andrew Black, man, John Summy,
Jacob Shelly. Jacob Smith,
Andrew Fullenbach,
· Peter Fullen bach, Abraham Shelly,
John Blackney,
Enoch Skear,
John Martin,
Abraham Gingrich, Jacob Risser,
John Ritzell,
Marx Books,
John Meyer,
Israel Skear,
Robert Herron,
Jacob Waggner,
George Bower,
John Forry,
Jacob Hansberger,
Barney Trumb,
William Gray, Frederick Shoat,
Henry Alleman,
Peter Books,
George Crabner,
Conrad Crabner,
Henry Booser,
John Zimmerman,
John Booser,
William Mills,
Jacob Detweiler,
C. Burkholder,
Daniel Bonine,
Peter Yeats,
Jaccb Bricker, Simon Singer,
Dinnis Stabl,
John Whitmer,
Peter Breniman,
Peter Rodrock,
David Breniman,
Jacob Sherer,
Joseph Rife,
John Fifer,
Thomas Ogle,
George Noll,
Jacob Gingrich,
Jacob Sherer,
Michael Foutz,
Peter Wertz,
John Funck,
Joseph Gregg,
Henry Singer,
Henry Sherer, jr.,
Conrad Books,
Andrew Shimp,
John Miller,
Kister,
Joseph Detweiler,
Jacob Mulheisen,
Lawrence Timsey, John Mills,
Jacob Etter,
John Bixler,
C. Huber,
C. Ober,
Abraham Meyer,
Adam Spidel,
Caspar Miller,
John Fesser,
James Kile,
Conrad Foutz,
Patrick Lafferty,
Allexander Barnet,
Daniel Ream,
Jacob Kettrin,
Abraham Sherer,
John Shar,
Nithan Skear,
.
258
Historical and Genealogical.
William Jamison, David Allison, Robert Henderson, John Whitmore, Abraham Shummy, Ohrisantian Brser. John Kuhns.
MANNER OF PROCEEDINGS IN OUR EARLY COURTS.
[Among the papers of Joshua Elder, eldest son of Rev. John Eider of pious memory, we found the order or manner of proceedings in the early courts of our county. It differs, perchance, little from that now in use, yet we have concluded to preserve it in print. On the eve of the centennial of the organization of the courts of the county, its reproduction n Notes and Queries may be well- timed. ]
I.
QUARTER SESSIONS. To open the Court.
Cryer make proclamation.
O yes, 3 Times. All manner of persons who stand bound by Recognizance or have her . anything to do before the Judges of the Court of General Quarter Sessions of the peace here holden this day for the County of Dauphin draw near, give your attendance & you shall be heard. God save the Commonwealth & the Hon'ble Court.
To open the Court of Common pleas. Cryer make proclamation.
O yes, 3 times. All manner of persons who wou'd sue or implead or have any thing here to do before the Judges of the Court of Common-pleas here holden this day for the County of Dauphin draw near & give your attendance. God save the Common wealth & the Hon'ble Court.
To call the Constables
Say. Constables of the several & re- spective Townships in the County of Dauphin, Answer to your names & save your fines-
Then. Call them over according to the Names of each Township & as they ap- pear swear & qualify them thus, they making their Returns.
A. B .- You do swear (or if an affirm- ant, you do solemnly, sincerely & truly declare & affirm) that you will true an- swers make to sueh Questions as shall be asked you by the Court touching your Return. So help you God.
Then say. Cryer make the proclama- tion.
O ves, &c. High Sheriff of the County of Dauphin return the præcept to you directed returnable here this day; That the Commonwealth's Judges may pro ceed thereon.
Cryer make proclamation.
O yes, &c. You good men who are re- turned to enquire for the Common wealth and the body of the County of Dauphin, & answer to your names.
Then call the names of the persons re- turned by the Shff. till you have got 15 and enter them in the Docquet & proceed to qualify them as follows:
The Foreman's Oath.
You do swear, that as foreman of this Grand Inquest for the body of the County of Dauphin, you will diligently enquire and true presentment make as well of all such matters & things as shall be given you in charge, as of those things that you shall know to be presentable here. The Commonwealth's Council, your fellows and your own you shall keep secret. You shall present no person for envy, hatred, malice or ill will, neither shall you leave any one unpresented through fear, favour, affection, reward, gain or any hope thereof. But shall present all things truly as they come to your knowl- edge according to the best of your under standing. So help you God.
N. B .- You need not administer this oath at large to any of the Jurors except the foreman, but giving the book to 3 or 4 at a time, Say, you and each of you do swear that the same oath which your foreman hath to keep on his part, you and each of you will well and truly observe & keep on your parts. So help you God.
But it is to be repeated at large to all affirmants taking 3 or 4 at a time as fol. lows :- You & every of you do solemnly, sincerely & truly declare & affirm, That you, together with your fellows of this inquest, will diligently enquire & true presentment make as well of all such, &c., &c.
Cryer make proclamation.
O yes, &c. All persons are charged & commanded to keep silence while the Charge is giving to the Grand Jury on pain of Imprisonment.
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Historical and Genealogical.
Onth of a Witness sentto Grand Jury. You do swear, that the Evidence you shall give to the Grand Inquest for the body of this County upon such bills of Indictment whereto you shall be exam- ined shall be the truth the whole truth & nothing but the truth. So help you God.
To adjourn the Sessions.
Cryer make proclamation.
O yes, &c. All manner of persons who stand bound by recognizance or have any thing here to do before the Judges of this Court of General Quarter Sessions of the peace here holden this day for the County of Dauphin may at present depart and give their attendance here again at 3 oClock this afternoon (or at any time the Court appoint) to which time & place this Court is adjourned.
To adjourn Common Pleas.
O yes, &c .- All manner of persons who would sue or implead or have any thing here to do before the Judges of this Court of Common Pleas here holden this day for the County of Dauphin in the Com- monwealth of Pennsylvania may at pres- ent depart & give their attendance here again, at &c.
On Return of Grand Jury. Say. Gentlemen of the Grand Jury answer to your names. Cryer count.
Call them over. Ask. have you any Bills or presentments ?
On Delivery say: These are you pre- sentments, you are content the Court shall amend form not altering any matter of substance.
Ignoramus Bills Returned. Proclamation to be made.
O yes, &c. If any one hath ought to say against C. D. let them come forth and they shall be heard, otherwise he is dis- charged on paying his fees.
The manner of Arraigning a Prisoner for felong.
Say. A. B. hold up your hand. You stand Indicted by the Name of A. B., &c, for that you &c. (reading the Indict- ment to him). How say you, are you guilty of the felony (or other matter) whereof you stand Indicted or not guilty. If he pleads not guilty, Record it, or say Culprit; and then shall ask him, How wilt thou be tried ? If he say, by God & the Country-Then say. God send thee a
good deliverance, and shall write on the Indictment, pos e.
Then call the Traverse Jury. You good men who are returned to enquire. between the Commonwealth and the prisoner at the Bar, answer to your names, every man at the first call, upon pain & peril that shall fall thereon.
And then call them every one in order by his Name. When you have 12 swear them thus 3 at a time: You and each of you do swear that you will well & truly try this Issue Joined between the Commonwealth and A. B., the pris- oner at the Barr, whom you shall have in charge, and a true verdict give according to your Evidence. So help you God.
When sworn, call them over & cryer count. Ask, Gentlemen, are you all quali- fied ? If they say yes, Take the Indict- ment. Say, A. B. hold up your hand. That done, say, You of the Jury look upon the prisoner and hearken to his charge. Gentlemen, You must understand that A. B., the prisoner at the Barr, stands In- dicted by the name of A B. &c. (reading the Indictment). Upon thisindictment he hath been arraigned & thereto hath pleaded not guilty. And for trial hath put himself on the Country, which Coun- try you are. So that your charge is to enquire whether he be guilty of the felony (or other matter) whereof he stands Indicted or not guilty.
Then call the Witnesses & swear them thus: You do swear that the Evidence that you shall give to the Court and Jury in the matter now depending before them between the Commonwealth and A. B. shall be the truth, the whole truth & nothing but the truth. So help you God.
Interpreter's Oath.
You do swear that you will well & truly Interpret all things between the Court & Jury and this Witness according to the best of your skill & Judgment. So help you God.
Constable's Oath.
You do swear that you will well & truly keep every person sworn & affirmed of this present Jury Together in some private and convenient Room without meat, drink or candle, And that you will not suffer any person to speak to them, neither will you speak to them yourself until they have agreed on their Verdict,
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Historical and Genealogical.
1
Unless it be to ask them whether they are agreed. So help you God.
On Return of the Jury call them over. Cryer count.
Gentlemen have you agreed upon your Verdict? ray, yes.
Ask, who shall say for you ? Ansr. foreman.
Ask, how say you, is A, B. guilty of the felony (or other matter) whereof hc stands Indicted, or not guilty ?
Then, Record the verdict and say Gen- tlemen of the Jury hearken to the Ver. dict as the Court hath recorded it.
You say that A. B. is (or is not) guilty of the Felony (or other matter) whereof he stands Indicted. And so say you all.
NOTES AND QUERIES.
Relating to the History of Dauphin County.
LXIV.
MOREL, -In the Lutheran church graveyard at Hummelstown are the graves of the following:
Diedrick Morel, b. July 25, 1715; a. March 12, 1785.
Margaret Morel, b. April 13, 1719; d. April 15, 1795.
What is known concerning these early settlers. Our researches have failed to connect them with other families.
PATTERSON-TAYLOR .- In No. 1xix of the first series of Notes and Queries, in- formation was asked concerning the de- scendants of William Patterson, of Pax- tang, who died in October, 1745, A daughter Jean married Robert Taylor, and we have the following:
Robert Taylor, who married Jean Pat. terson, had issue:
i. Henry, b. 1731 : removed to Big Val- ley, MitHlin county, about 1755, where he died in 1813.
ii. Robert, b. 1733.
iir. Matthew, b. 1735.
iii. John, b. 1737. v. William, b. 1739. vi. - (dau) b. 1741.
EDGELL .- Rebecca Edgell, widow, of Philadelphia, in 1743, had children :
i. William, who died prior to 1750; his widow, "Sarah, married Jobn Cox, of
New Castle county upon Delaware, a physician."
ir. Rebecca, m. Samuel Mifflin.
What was the maiden name of Wil- liam Edgel''s wife? After her death, Dr. Cox married Esther ---- , and for whom he named the town laid out bv him on the Susquehanna, a short distance above Harrisburg, prior to 1767, Estherton. Her maiden name is also de- sired. E.
EARLY CORN IN 1779 .- In February, 1779, Mr. Shippen, of Lancaster, wrote his son in law, Col. James Burd, of Tinian, near Highspirc, that Gen. Hand, who was then in New York State with his command of the Pennsylvania Line, had sent from Albany, "a remarkably early kind of Indian corn, brought from the foot of Lake Otsego," sending with bis letter, "a few sceds We may suppose this precious seed was successful in the hands of the intelligent farmer to whom it was entrusted to give it a fair chance, and we have no doubt that some of the early varietics cultivated in this locality have come down to us from those "few secds." H.
ILLUMINATION IN HONOR OF PER- RY'S VICTORY.
On Wednesday evening, the 29th of September, 1813, the borough of Harris- burg was brilliantly illuminated in honor of the great and decisive victory on Lake Erie by Commodore Perry, The illu- mination, says the Chronicle, was general, each citizen endeavoring to outvie the other in the enthusiasm. The event is recalled to mind by the discovery of the following subscription list to pay the ex- pense thereof, which in the aggregate amounts to twenty dollars. How much of a celebration could we now get up for that amount of moncy ?
We the subscribers promise to pay to the committee appointed for the purpose, the several sums annexed to our names respectively, for the purpose of paying the expensc which may be incurred in celebrating the late victory attained by Commodore Perry and our brave Tars on Lake Erie. Witness our hands, Sept. 28th 1813 :
Valentinc Egle 50
Thos. Buffing ton. 25
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Historical and Genealogical.
.John 25
Geo. Whitehill.
1 00
Wm. Smith.
25
Baltzer Sees. 25
Hummel & Lebkicher.
25
Jacob Meese. .
25
John Bigler. .
25
Stephen Horning.
George Kunkel.
1 00
Wm. Allison
Wm. Greer.
50
Andrew Mitchell.
50
Daniel Miller
50
Jacob Rutter.
50
James Maginness
75
John Shoch.
25
John McMullen
25
Samuel C. Wiestling.
25
James [illegible].
50
Peter Keller 50
50
Henry McKinney.
50
Andrew Dorsheimcr
50
Conrad Bombaugh
25
Melchior Rahm ..
25
Josiah McFarland.
David Doeb'er.
25
George Boyer.
25
Charles [illegible ]
25
Isaac McGuire.
25
- Balsley
25
E. V. James.
25
Jacob Greenawait.
25
Stephen Hills 1 00
Mrs. Hanna. . 50
.Joseph Clendenin. 25
J. Howard. 50
25
Mrs. Brenizer
John Brooks 25
Isaac Wills .. 50
Charles McManamy. 25
Thomas Savens 25
Matthias Hutman
25
MANNER OF PROCEEDINGS IN OUR EARLY COURTS.
II. Recognizance.
Call the principal.
Say. Cryer call A. B. 3 times.
Then say. Come forth & appear, save you & your bail, or you forfeit your Recognizance.
Call the Sureties.
Saying. Call C. D. 3 Times.
Then say. Bring forth the body of A. B. whom you undertook to have here this day, or you forfeit your Recogniz'e.
The manner of taking a Recog'ce.
You A. B. do acknowledge yourself to owe & stand Justly indebted to the Com- mon-Wealth of Pennsylvania in the sum of 200 dolls. And you C. D. & E F. do acknowledge yourselves to owe & stand Justly Indebted to the said Common- Wealth in the sum of 100 dolls. each, of your goods & Chattles, lands & Tene- ments, separately to be made & levied, On Condition, That if A. B. shall be & appear at the next General Court of Quarter Sessions of the peace to be held for the County of Dauphin. To answer to all snch matters and things as shall be objected or charged against him on the Common Wealta's behalt, & shall not dc- part the Court without leave. And in the meantime to keep the peace & be of good behaviour to all the said Common- Wealth's Subjects. Then this recogni- zanca to be void, other wise to be and u- main in full force & Virtuc. Ar eeoy content ?
Form of Recog'ce of an Evidence bound over, d.c.
You A. B. acknowledge yourself in- debied to the Common-Wealth of Penn- syl'a in the Sum of €50. to be levied on your goods & Chattles lands & Tene- ments for the use of the Common Wealth, Upon Condition that you be & ap- pear at the next Court of General Quarter Sessions of the peace to be holden for the County of Dauphin the second Monday in June next, then & there to Testify and give Evidence on such Bill or Bills of Indictment as you may be examined to. and not depart the Court without leave. Are you content ?
Special form of an Oath with uplifted hand.
You A. B do swear by Almighty God the searcher of all hearts That you will &c .- And that as you shall answer to God at the great day.
A Jew must be sworn in the 5 books of Moses opening the bible at the end of the
25
Joshua Elder.
50
50
Moses Swan. .
John Mytinger.
25
John Noble.
374
Andrew Foltz
25
John Fager. 25
25
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Historical and Genealogical.
book of Numbers, & with his hat on. (2d Stra. 821)
Voire dire.
You swear that you will true answers make to such questions as shall be aaked you by the Court on the matter now de- pending before them.
Constables of the respective Townships answer to your Names.
Constables appearing.
Ask Where is your return ?
You do swear you will true answers make to such Questions as the Court shall ask you touching your Return.
Quest'n 1st. Are there any persons who sell strong liquors in your Township other than those mentioned in this Re- turn.
2d. Quest. Any Bastard children born. 3d. Any negroes or Mulattoes im- ported.
4th. Any Deer killed out of Season.
5th. How are the roads. Do you know of any Obstructions in the roads.
6th. Do you know of any other matter presentable here besides what you have set down in this Return.
Oath of a New Constable.
You doswear that you will faithfully ex ecute the office of Constable for the Town- ship of - for the ensuing year, and until you shall be legally discharged thercfrom. So help
Attorney's Qualification.
You do swear. that you will behave yourself in the office of attorney within the Court according to the best of your learning & ability. And with all good Fidelity as well to the Court as to the Client. That will use no falsehood, nor delay any person's Cause for Lucre or Malice. So help you God.
Larceny-Sentence of the Court.
Whereupon Judgt. that Defendt. re- store the goods stolen to the owner o pay him - being the value thereof that he pay a fine of - to the Common- wealth and morcover undergo a servitude of one year in the Jail of Dauphin County, and be confined, kept to hard la- bour, fed & cloathed as is directed in & by the Acts of Assembly in such case provided. That he pay the costs of this prosecution & stand convicted until this sentence he complied with. It is or- dered by the court that the Defendant
be taken to the Jail & penitentiary house of the City of Philada.
And now to wit, June the thirteenth A D. 1798, A Jury by the Sheriff Impan- elled & returned, being drawn by ballot. according to the Act of Assembly, and being called come to wit: A. B., &c., who being elected & tried & respect- ively sworn and affirmed to speak the- truth of and concerning the premises, upon their oaths & affirmations respect- ively do say that they find C. M. guilty in manner & form as he stands indicted.
Whereupon, June 19th, 1798 it is con- sidered by the Court here that the said C. M. be taken to the Jail of the said County of Dauphin from whence he came & trom thence to the place of execution, & there be hanged by the Neck until he be dead.
SESSIONS DOCQUET.
At a Court of Oyer & Terminer & gen. eral Jail Delivery, & also a Court of Quarter Sessions of the peace & Jail de- livery respectively, holden at Harrisburg in and for the County of Dauphin on Monday the eighth day of June Anno Domini, 1795, and continued, &c. Before Juo. J. Henry, Esqr., president, and J.C. & T. F., Esquires, Judges of the said Court.
The Sheriff of the said County having returned the precept to him directed with a panel thereunto annexed, the following persons are respectively sworn and af- firmed a Grand Inquest.
A. B. sworn, &c.
Coroner, A. Seyfert, Esqr. appr. and returns the precept to him ditected when the following persons were respectively sworn & affirmed a special Grand Inquest. J. K. swn, &c.
Justices of the Peace.
J. McC. - app. &c. The follow- ing persons being duly elected & re- turned agreeably to the Act of Assembly entitled "An act to extend the powers of the Justices of the peace in this State passed 19th April, 1794, are appointed Constables for the respective Towns & Townships for the ensuing year, Viz:
Twps.
Cons.
qual : app'ce. fine.
Paxtang A. B. Sworn. Recognizances returned & filed of Record.
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Historical and Genealogical.
Trial in the Common Pleas.
June the -, A Jury being drawn by ballot according to the Act of Assembly, and being called come to wit: A. B. &c. swn, and C. D. affirm'd, who being duly empanelled, tried, chosen & respectively sworn & affirmed, upon their oaths & affirmations respectively, do say that they find for the Pl'ff £50 damages & six pence costs.
Judgt -
Trial in the Quarter Sessions.
And now, Viz., June 11th, 1799, a Jury by the Sheriff empanrelled & returned being drawn by ballot according to the Act of Assembly, & being called come Viz., A. B. &c. swn. and C. D., affd, who being elected & tried & respectively sworn & affirmed to speak the truth of & concerning the premises, upon their Oaths & Affirmations respectively do say that they find the Defendant guilty in manner & form as he stands Indicted. Whereupon Judgment.
Sentence of Death.
Whereupon, June 19th, 1798, it is considered by the Court here that the said Charles McManus be taken to Jail of the said County of Dauphin, from whence he came, and from thence to the place of Execution & there be hanged by the neck until he be dead.
Entry on Appearance Docquet at the beginning of the Term.
Process returnabie December Term, 1795, viz: the 14th. Before John J. Henry, Esq., president, and Thomas Forster & James Cowden, Esq., Judges, &c.
Quarter Sessions are headed thus:
At a Court of Oyer & Terminer & General Jail Delivery, & al:o a Court of Quarter Sessions of the Peace & Jail De- livery respectively, holden at Harrisburg in and for the County of Dauphin, on Monday, the eleventh day of June, in the year of our Lord one thousand seven hundred & ninety.eight, & continued &c., before John J. Henry, Esq., prest., and John Gloninger, John Carson & James Cowden, Esquires, his Associates, Judges of the same Court.
The shff. of the said County having re- turned the precept to him directed with a panel thereunto annexed, the following
persons are Respectively sworn and affirmed a Grand Inquest, viz: A. B. & C. CORONER, J. BUCHER, Justice of the Peace.
A. B. & c.
Township, Paxtang.
Constable, A. Wilson. App. & Swn. New const'b appoint'd. P. Wenrick. sworn into office.
Recognizances returned by the Justices & filed on Record.
Orphan's Court is headed thus:
At an Orphans Court, holden at Har- risb'g in & for the County of Dauphin the seventeenth day of July in the year of Our Lord, &c., Before John Glon- inger and James Cowden, Esqrs., Judges of the same Court.
Petition, Order &c., for valuation or appraisement of Dec'ts Estate.
Upon the Petition of A. B., &c., setting forth (Here recite the petition) The Court Do order that the Sheriff of D. County to wit, H. O., Esqr. Do forth- with summon an Inquest to view the said real estate with the appurtenances in the said place.
Plaint. always liable for fees as well Sch thff, Att. y as the Prot'y, vid. case of Elder & Graydon.
N. B. a certiorari not valid unless signed by one of the Judges as allowed.
Oath tendered to a Jury in com. pleas.
You do swear (or affirm) that you will well & truly try this Issue joined between A. B. and C. D. & true verdict give ac- cording to Evidence.
Open court. Call constables.
Call Justices.
Call Grand Jury.
No Evidence entitled to fees for at- tending court unless sworn (or affirmed) on trial, more especially in State cascs.
NOTES AND QUERIES.
Relating to the History of Dauphin County
LXV.
JOSEPH COGLEY .- On Wednesday, December 8, 1802, Joseph Cogley, one of the earliest school masters in the borough, died in Harrisburg. The Oracle of Dau- phin, in noticing his death says : "In
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Historical and Genealogical.
which line [a respectable schoolmaster] he was eminently useful-in his inter- course with mankind strictly honest, and in his friendship sincere. In his death will be experienced the loss of an affectionate husband, a kind father. a sincere friend, and a truly virtuous and useful citizen. The several schoolmasters within this borough, and their pupils, together with those of the departed, formed in mournful procession, and as a mark of respect justly due to the memory of their departed brother and teacher, attended his remains to the silent mansions of the grave." Mr. Cogley's widow, Margaret Cogley, with his intimate friend, John Downey, Esqr., administered on his es- tate.
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