The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III, Part 80

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440

USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 80

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The case finds that the consignee obtained a permit for the landing of the goods, that they were landed on the wharf, that he was aware the master was employed in discharging his cargo, and that the consignee sent his own porter to receive and take them away; that he in- quired for them, but did not receive them. If under such circumstances the goods were lost, it was in con- sequence of his own negligence or his servant's. It was the duty of the porter, instead of merely inquiring, to have staid until he actually received the goods.

It is beside the question to say that perishable arti- cles may be landed, at improper times, to the great damage of the consignee. When such special cases arise, they will be decided on their own circumstances. This goes on the ground that the master has acted with good faith, and in the usual manner, and in such case it is the opinion of the court that the ship owners are dis- charged.

We would wish to be understood as giving no opin- ion on the law which regulates the internal or coasting trade, to which I understand the case of Ostrander v. Brown and Staffords 15 Johns. 39, to apply. We do not consider this decision as interfering with the prin- ciples of that case.

Judgment reversed, and judgment for defendants be- low upon the case stated. Daily Chron.

SECOND PRESBYTERIAN CHURCH. SOUTHWARK.

This Church was regularly organized, and takes un- der the care of the Presbytery of Philadelphia, in April 1827. The number of communicants was at that time 14. 138 have been added since, making in all 152: on account of deaths, removals &c. deduct 14, which still leaves 138 at the present time in the full communion of the church. Since the meeting of the Philadelphia Presbytery in April 1828, 62 on examination and 9 on certificate, in all 71, have been received. The propor- tion of female to male communicants is about 3 to 1 or 196 females, 44 males. Single persons 94, Heads of families 45. The congregation, as soon as organized, resolved, with the blessing of God, to erect a place of worship as soon as possible. Accordingly a lot of ground was purchased in Second street below Christian; and in May 1828 the corner stone of a building 50 by 65 was laid. In December, the congregation, for the first time, worshipped in the basement story; and in January last, having borrowed some benches, and having made a few more pro tem-the house was dedicated, and has since then been occupied by the Congregation, the poor accommodations notwithstanding. The treasurer has paid towards the erection of the building - $2376 Received in various ways 2284

Which leaves a balance in his favour of 92 The debt on the Church is now about $3500

There is, however, nearly $800 subscribed, yet to be collected. Philadelphian.

Greensburgh, April 24.

The Storm .- On Monday last we had a severe storm of wind and rain accompanied by thunder and light- ning, which has done considerable damage in this

neighbourhood, and perhaps, throughout the country. We are informed that several barns and dwellings were unroofed, a great many trees and a large quantity of fencing thrown down. We have not heard of any lives being lost, or any further particulars .- Gaz.

The Governor has appointed Elihu Chauncey, Esq. to be Commissioner of Loans, under the Act of Assem- bly, passed 22d April.

A disease similar to the dengue, has recently made its appearance in Harrisburg. It is confined to females alone. It attacks the little finger, extends up one arm and de- scends the other, causing pain and inflammation.

The Brownsville Galaxy, contains the following ac- count of glass blown and flattened by the certain individ- uals, in a glass house in that place, in the month of De- cember last:

Wm. R. Campbell,

78 boxes, or 7,800 feet

J. H. Brown,

do. 7,600

D. Evans,

do. 7,300

Edw. Campbleil, 71

do. 7,100

298 29,800

Philadelphia receives, we presume, a considerable quantity of glass from the New England states; but in a short time, the western counties will claim to supply our whole demand. This they will be abundantly able to do. Pittsburg, for instance, has extensive glass works; and as fuel, a most important article in that man- ufactory, my be had at a price scarcely worth naming, this circumstance must, as soon as the means of commu- nication between the eastern and western portions of the state are completed, place all the manufactures of the west, in which fuel is of consequence, in an advan- tageous situation in our market .- U. S. Gazette.

Dilapidation .- About two weeks since the Market- house in Broad-street was taken down by order of Coun- cils.

The Medical College attached to the University has also beeh demolished-and a new building for the same purpose, is now rising on the same spot.

And the building formerly designed for the use of the President of the U. States, and since occupied as the University, is about to give place to one much better adapted to the accommodation of the departments of that institution.

In various other parts of the city changes are taking place, by the alteration of old buildings into stores, and the erection of new stores and dwelling houses; and the numerous preparations making for new buildings, indi- cate that the city is rapidly increasing in population and in business.

Weather Guage .- Mr. Lukens hrs lately constructed a weather guage for the Merchant's Coffee House. It is inclosed in a case resembling a clock case, with a dial and hand-which being connected by machinery with a vane on the top of the building-apprises those with- in the house of the various changes of the wind.

Ice was discovered in the vicinity of this city early in the morning of 25. 26. 27th. ult.

Printed every SATURDAY MORNING by WILLIAM F GEDDES, No. 59 Loeust Street, Philadelphia; where, and at the PUBLICATION OFFICE, IN FRANKLIN PLACE, second door back of the Post Office, (back room) subscriptions will be thankfully received. Price FIVE DOLLARS per annnın, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.

THE

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

EDITED BY SAMUEL HAZARD.

VOL. III .- NO. 19. PHILADELPHIA, MAY 9, 1829. NO. 71

LAW CASE.

UNITED STATES. VS.

Circuit Court U. S. April 20th to 25th, 1829. COUNTERFEITING.

. .. JACOB K. BOYER,

Jacob K. Boyer, for many years a respectable Mer- chant of Reading, and the father of a large family, was indicted for forging, uttering and delivering a false and counterfeited note of $100, on the United States Bank. The prosecution was based upon this single note, but, as the District Attorney remarked, "if 'se was guilty at all, he was guilty of the most expert, extensive and whole- sale plan of counterfeiting ever known in the United States."

The evidence consisted chiefly of details given by accomplices. It seemed that in the fall of 1827, John McClintock and David Seltzer, two wretches, of miser- able character, were arrested at Reading, with a quan- tity of counterfeit money in their possession. As a measure of self-defence they blowed, as the technical phrase goes, and gave a detail of facts, implicating the defendant deeply, in fact shewing him to be the chief of the gang. Mcclintock took the police officers to the top of a mountain near Reading, covered with stones, removed one and discovered a tin box, contain- ing several plates and tools used for counterfeiting, and nearly 15,000 dollars of counterfeit money already sign- ed, and ready for passing. He afterwards went to his own house, which had been previously searched with- out success, and brought back to the officers a bundle of about $1700 in spurious paper money. The note on which the indictment was founded was not found at the mountain, but was among the bundle brought by McClintock from his own house. He was entirely out of custody when he went there, and did not return until the next morning.

John McClintock swore, that he gave the tin box, plates, and money, up to the Marshal; there was but one $100 U. S. Bank note in the bundle. He then went on as follows; he got it from Jacob K. Boyer, and gave him nothing for it; he gave it to me to pass and give him $25 or $30 for it; and gave me other notes at the same time; I had dealings with Boyer in 1826; I got sev- eral notes from him; one $100 of the Commercial Bank; I gave him $25 for it; I got several times afterwards; no time more then $100; I always paid him in good money. He gave me an order on Seltzer for 1200 or $1400; I presented the order and got the bills. ..

The witness in his cross-examination said he had been confined crazy in the Hospital since; he went also into a full detail of circumstances.

David Seltzer sworn, to the same effect except that his dealings were more extensive; he got bad money at different times; he received $480, for which he gave his note for one-third of that sum; also $1450; the bills were called lottery tickets; Mcclintock presented an order which was burnt, because the defendant told them al- ways to burn such papers with his name to them, he swore to Boyer's connection with Bradshaw, Sanders, Craig, Dager, &c. notorious counterfeiters. This wit- ness went into an elaborate detail of circumstances con- nected with the above facts.

John Sales sworn, that he had received a $100 U. S. .

Rank note from the defendant, in July, 1827, and sent | the Hospital from there.

VOL. III. 37

it by a man to Harrisburgh, four or five months after- wards. It was returned as counterfeit. Witness took it to defendant and got good money for it. He asked witness if he was sure he had got it from him.

Mr. Dalla's here offered to read a letter from the de- fendant, addressed to Benjamin Thompson, and prov- ed his hand writing by Richard Porter, and proved by John McLean, that Benjamin Thompson was called Benj. Moses, also; and was convicted of forging and counterfeiting at this court within a year. The letter was then read. It contains no express mention of coun- terfeit money, but made use of phrases and terms, am- biguous and double in their signification, from which." the defendant's counsel argued innocence, and the U. S. Attorney guilt

William P. Orrich stated, that in 1820, while in Phil- adelphia, he received from his clerk a $50 counterfeit note on the U. S. Bank. Witness sent it back to Read- ing. They aleged that it had been got from defendant; a suit was brought against him, and judgement entered for the plaintiff for $50, and paid.

Frederick Rodenburger stated, that he knew Craig's house, {the place where the counterfeiters resided, and a receptacle for stolen goods. ) He rented it once. Defen- dant had the renting it; he was agent for the owner.

John Auranld, Deputy Sheriff of Berks county, knew Craig's house; he searched it, and found a press for counterfeiting there,

David Fisher received a counterfeit note from defend- ant five years ago; don't remember the amount; John Keim said it was counterfeit; it was returned to the de- fendant; he made some excuse and paid the money.

Jacob Eargood borrowed three notes of five dollars from the defendant, four years ago, and gave him a judgement for them. They were counterfeit, and wit- ness took them back to him. Boyer said he did not think the witness was going to pass them in Reading .- The notes were bad. One Wells allowed he would not give me a plug of tobacco for them.

The testimony for the United States closed, and C. J. Jack, Esq. opened for the defence.

George K. Bishop, William Fricker, and Henry Betts, sworn, that they knew Jacob Eargood, and his charact- er was bad; they would not believe him on his oath.

Four witnesses sworn, that Seltzer's character was infamous, and they would not believe him on his oath.

Fifteen or twenty witnesses sworn to defendant's standing in Reading; that he was an. excellent father and husband; a good citizen, upright in his business; doing large transactions as a merchant, and as largely concerned as any western merchant in Pennsylvania .- On cross examination, the witnesses said they had heard reports of his counterfeiting in Reading; people called his store the Callowhill street Bank, &c .; but other res- pectable people were also talked of; and they also said Boyer had been tried in Reading for a conspiracy and acquitted.

Drs. Otto and Wilbank, swore to McClintock having been previously crazy in the Hospital: the effect of whichdisease was to impair the memory; the disease was seated in his brain.

Dr. If. Klapp and William Ruff proved, that he was crazy in the cell of Arch street prison, and was sent to

290

CANAL DOCUMENTS.

[MAY

Wm. P. Orrich said, that the young man in his store, David Morris, who said Boyer had passed the $50 note to him, was a bad youth; he eloped with $1038, money of the witnesses; thinks he is dead.

Daniel Hayne said that Morris had the notc some time in his possession. It was torn in two pieces. Wit- ness could not say it was the same note that was got from Boyer. Morris swore it was, and no one else was a witness to it. When it was returned, it looked like an old note; Boyer's was a new note. Boyer said he would give the money if he had passed it.

The defendant having closed his testimony, Mr. Dal- las called a few witnesses to prove Mcclintock's present sanity, and that he had to the mayor and others, just after his arrest, repeated the same story which he had 'sworn in court.

J. R. Ingersoll, Esq. made a beautiful appeal and sound argument to the jury, on behalf of the defendant. G. M. Dallas, Esqr. replied in a lucid and powerful manner. Judge Washington's charge was impartial. The jury returned a verdict of Guilty on the fourth count, viz : of "uttering and delivering the forged, note." When the verdict was pronounced, the prisoner's face assumed an ashy paleness, and he fainted away: He was carried, or led down into the open air. A powerful de- gree of interest was excited in his favor.

The Reading Chronicle of Tuesday, has the following remarks, to show how great was the fall of the erring man.

" "Thus has a man, who hitherto moved in the first circles of, and was an ornament to, society, been hurled into ignominy by the iron hand .of the law-by stern justice. He was born in this county, and was long one of the most extensive, respectable and wealthy merch- ants of this town; but misfortune overtook him, and the penury of human nature could not resist the lurements of vice. The deepest interest was felt by his friends here -for he has friends, notwithstanding his guilt-as to the result of the trial; and there were none who did not wish him acquitted-more, perhaps, on account of his very respectable family and numerous respectable con- nexions, than otherwise. We understand that an effort will be made to obtain for him a pardon."

CANAL DOCUMENTS.

N. S. Roberts' Report-concluded from page 280.

Rail road routes from Sugar Run Gap, summit east. Distances, grades and descents, of three routes, which have been explored and located from the summit of Sugar run gap, east, to the proposed basin near Frankstown.

First route, by the north side of Sugar run, having a fine southern exposure.

Beginning at the white oak bench on the summit, and running at 13 degrees or 138 feet per mile to No. 238, distance 8 m. 74 chs. at 138 ft per mile descent to foot of mountain . 1213.8

Thence to No. 253, along bottom

44.736

Thence to No. 257,

to Old Gap branch

11.617

Thence to No. 280, along bottom

34.202

Thence to No. 343,

2 m. 29

Hollidaysburg,

47.25

Thence to No. 382,

1 m. 37

29 25

Thence to No. 400, of proposed basin

54 level to head

19.8

Length of this route 15 m. Descent, 1381.655

Second route, by the north side of the turnpike road.

is very favorable. Beginning at a point No. 18, which is the south of the white oak bench, and 36.746 feet above it, in order to cross a ridge near Burgoon's coal bank, and running at one degree,

Thence to No. 353, distance 12 miles 42 chains, at 92 feet per mile, 1152.3

Thence to No. 409, distance 2 miles 11 chains, · at 93.30 ft. per mile, - 199.431

At this station this line unites with the line by the north side of Sugar run, at No. 293, which stands on the east bank of the old gap branch of the Juniata, thence to No. 382, distance 3 miles 27 chains, 20 feet per mile, (to point of hill, ) 66.75

Thence to No. 400, 54 chains-level to head of basin (nearly,) .8

Descent 1419.281

Length of this route 18 miles 54 chains.

Between these two routes there is much similarity, each having a share of steep rocky ground. The first would be decidedly the most favorable, except the first 53 miles must be graduated at 1} degrees.

Third route, by the south side of the turnpike road.

Beginning at the same point and pursuing the same course as the second route, till it reaches the dividing ridge near the coal banks, and then turning to the right - the line crosses the turnpike road about half a mile east of I.emon's tavern. This route has much of a moun- tainous character, and a great share of unfavourable northern exposure, as the line runs for several miles on steep northern slopes of the mountain, and traverses up and down the steep rocky sides of several deep narrow ravines, which penetrate far into the northern side of the Allegheny ridge, which for several miles places the road in a remote and unfavorable situation to be of much use to the adjoining country, and might be considered a dreary route for a public highway.

From 18 to No. 393, distance 14 miles 5 chains at 1 degree or 92 feet per mile, to bridge above Duncan's, 1293.75

Thence to No. 463, 2 miles 50 chains, 34.46 feet per mile, along turnpike road, 93.667

To the bridge which it crosses and joins the Sugar run line at No. 343, south of Holli- daysburg-thence to No. 382, 1 mile 37 chains, grade 20 feet per mile, to point of hill,) 29.25

Thence to No. 400, 54 chains, level to head of basin, (nearly,) .8

Length of this route 18 m. 66 chs. Descent, 1417.466

These three routes commence at a point very much to the north of a direct line, and as much out of the de- sired direction. Then turning from the beginning, (ex- cept the Sugar run route,) to the south-west and south- east, crosses the turnpike road within the first 4 miles in both directions. And the eastern routes, more especial- ly the southerly one, occupies the same neighborhood now accommodated with a turnpike road, and more to- wards the eastern end, these lines run along the turn- pike, and within a few chains of it for about four miles to the termination.

From each of those summits one entire route has been explored, and located on each side of the Concmaugh to Johnstown.

The route from Bob's creek summit is continued on the south east side, and the route from Sugar run sum- mit runs on the same side to the 143 mile bench, when both lines unite, and the line from the Sugar run sum- mit crosses to the west side of the Conemaugh, which it pursues to Jolinstown. The route from Bob's creek west, commences at the Cucumber bench and is contin- ued 10 miles at a graduation of one degree. A part of the route is winding, and some parts stony and rocky;

This route also, after passing the coal banks, has a fa- vourable southern exposure, till the line swings round more northerly with the mountain, where the road will face the east and north-east till it reaches the valley of Spencer's run, from thence to Frankstown, the ground | the slope of the cross section is generally less than 20

1829.] -

CANAL DOCUMENTS.

291

degrees. The line faces the north-west and west, and is on very good ground for a road. Beginning at the summit bench,

Thence 10 miles at a grade of 92 feet per mile descent 920 feet Thence 20 chains at a grade of 60' do. 'do. 15

distant 10 m. 20 chs. to the junction. descent 965 feet

The route from Sugar run summit west, commences at No. 18, as stated in the second and third routes east from said summit. The first 3g miles of this line are very crooked, by passing in succession the ridges and ravine on the north side of the mountain, which give rise to the head waters of Clearfield river; at the 4 mile tree, the line crosses the turnpike road, and from thence the di- fection of the line is more favourable to the 143 mile tree, where it unites with the east line. Though some parts are very winding and other parts stony, the sec- tion slope is generally less than 20 degrees. The line faces the north' and north-west, and' west, and is a tole- rable route.

From No.18 to 60 dist. 2 m. 20 c., grade 12 ft.

per m. descent 27 ft.

Thence to87 1 1 92 93.15

147 53 m. ch. 2

Thence to the junct'n 9

50 450

Dist. to the junction 14 483 chains descent to the 1 43mile bench, feet 758.175

As all the routes from the proposed basins on the Ju- niata will meet at the above junction, the distance from each of those basins to that junction will stand as fol- l'ows :

Routes by Bob's Creek Gap.

First route, from the proposed basin at Frankstown, by Newry and the north side of Poplar run, to Bob's creek summit bench, 21 m. 79 c.

Distance from Bob's creek summit bench'to- the junction, 10 m. 20 c.

Total dist. by Newry to the Conemaugh 32 m. 19 c.

Second route, from the proposed basin at Poplar run by Newry, and the north side of Poplar run to Bob's creek summit bench, 18 m. 16 c.

Distance from Bob's creek summit to the junction, 10 m. 20 c.

Total dist. by Newry to the Conemaugh, 28'm. 36 c. Third route from the proposed basin oppo- site M'Kee's or the Cove gap, by the south side of the Blue Knob, to the bench on Bob's creek summit, 16 mn. 46 c ..

Distance from Bob's creek gap bench to

the junction, 10 m. 20 c.

Total distance from the Blue Knob to the Conemaugli, 26 m. 66 c.

Routes by Sugar Run summit.

First route, from the proposed basın near Frankstown; by the north side of Sugar run, to Sugar run summit, 15 m.

1.1

Distance from Sugar run summit bench to the junction, 14 m. 40 c.

Total distance by the north side of Sugar run to the Conemaugh, 29 m. . 40 c.

Second route, from the proposed basin near `Frankstown, by the north side of the turn-

nike to Sugar run summit, 18 m. 54 c,

Distance from the Sugar run summit No.

18, to the junction bench, 14 m. 483 c.

Total distance by the north side of the turnpike road to the Conemaugh, 38 m. 223 c.

Third route, from the proposed basin near Frankstown, by the south side of the turn- -

pike road, to No. 18, near the Sugar run · summit, 18 m. 66 c.

Distance from No. 18, near Sugar run sum-

mit to the junction bench, 14 m. 48₺ c.

Total distance by the south side of the -- - turnpike, by Sugar run summit to the junction,' 33 m. 343 c.

From the junction of the lines to the proposed basin, at the north branch, the distance common to any route is 1 mile 62 chains. Continuing from the 144 mile bench, at the junction of the lines, the following grades and distances are ascertained between it and Johnstown. From the junct'n to the N. Branch 1 m. 62 c. grade 10 feet per mile, 24.85

Thence from the North Branch, 3' 18

grade 10 feet per mile,

Thence 3

72.

Thence, (across the neck) 1

76.5

Thence

grade 24 feet per mile,

209.4

Dist. to Johnstown on W. side, 18 miles. dec. 407.9 From the. 10} mile bench, on the south-east side, the grades and distances are as follow, viz.

Thence to No. 307, dist. 1 m. 20c. gra. 46 ft.p.m. 57.50'

427, 4 40 10

66 720, 11

Thence to the bridge in

Johnstown 33

45 18.64

Distance to Johnstown

on the east side, 19 13 des. 465.14

Although it has been deemed necessary to survey and grade a route on each side of the Conemaugh to Johns- town, as a basis to work from, but one route will be ne -. cessary on a final location. From the junction of the. routes, the west side of the river is the most favourable for a road, for some distance below the south fork .- But in order to keep the road in the straightest direc- tion, and on the best ground, it will be necessary to take parts of each line; for by cutting off several peninsulas. and by crossing the Conemaugh two or three times on bridges, the road will be much shortened and improved, and great expense will be saved by thus avoiding the vertical rocky precipices, which generally form the. boundaries of the river, on the outside of all those deep curves. The distance from the junction of the lines down the Conemaugh to Johnstown, on a final location, will not exceed seventeen and a half miles, and the ex- pense will probably be about equal to the average cost . per mile generally.

With this report are presented, a set of maps accu -. rately drawn from the surveys, on which are delineated" the routes herein recommended; and the mile benches numbered east and west, from each summit, to the pro- posed basin, or termination of each route, as referred to in the following estimates.

In the following estimates of the expense of construct- ing a rail road, the great additional convenience it would. be to the public, to have a M'Adamized turnpike road" by the side of the rail road, which should have the same grade, and which in no place should exceed one degree,. has been considered of sufficient importance to give the. road an additional width sufficient for that purpose; and the present surveys and estimates offer sufficient evi- dence of the practicability and economy, and for re-" commending this opportunity for making such a road' across the Allegheny mountains as has never been made" in the U. Statcs.

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The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III, Part 80

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 440

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440