USA > Pennsylvania > Adams County > The history and topography of Dauphin, Cumberland, Franklin, Bedford, Adams, and Perry counties [Pennsylvania] > Part 17
USA > Pennsylvania > Bedford County > The history and topography of Dauphin, Cumberland, Franklin, Bedford, Adams, and Perry counties [Pennsylvania] > Part 17
USA > Pennsylvania > Cumberland County > The history and topography of Dauphin, Cumberland, Franklin, Bedford, Adams, and Perry counties [Pennsylvania] > Part 17
USA > Pennsylvania > Dauphin County > The history and topography of Dauphin, Cumberland, Franklin, Bedford, Adams, and Perry counties [Pennsylvania] > Part 17
USA > Pennsylvania > Franklin County > The history and topography of Dauphin, Cumberland, Franklin, Bedford, Adams, and Perry counties [Pennsylvania] > Part 17
USA > Pennsylvania > Perry County > The history and topography of Dauphin, Cumberland, Franklin, Bedford, Adams, and Perry counties [Pennsylvania] > Part 17
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The Board further advised the governor to write to Gene- ral Gage and Sir William Johnson, acquainting them with this unhappy accident, and the steps he is taking on this oc- casion, and to request Sir William will be pleased to commu- nicate the same as soon as possible to the Six Nations, in the best and most favorable manner in his power, so as to prevent their taking immediate resentment for this unavoidable injury, committed on their people, and to assure them of the firm and sincere purposes of this government to give them full satisfac- tion at all times for all wrongs done to the Indians, and to pre- serve the friendship subsisting between us and them inviolable. Accordingly, the chief justices warrants and several letters to the magistrates of Cumberland, Lancaster and Berks coun- ties, were prepared without delay and despatched by ex- press .* But before those letters, and the proclamation of chief justice Allen reached the magistrates and sheriffs, Stump and Ironcutter, as above stated, had been lodged in jail ; but before they were brought to trial, were rescued from prison by their friends and neighbors, whose fears were excited that Stump and Ironcutter were to be taken to Philadelphia, there to be tried, they " not properly distinguishing between EXAM- INATION and TRIAL,"t rescued them from prison, on the 29th of January, and carried them off.
Governor Penn sent a message express to the chiefs on
* Proclamations and several letters are given in the Appendix F.
t Rev. Duffield's statement, Feb. 19, 1768. Pa. Gaz. March 3, 1768- See Appendix.
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INTRODUCTION.
Great Island, in which he deplores the deaths of the Indians.
A Message from the Governor of Pennsylvania to Ne-wo-lee-ka, the chief of the Delawares, and to other Indians at the Great Island.
Brother Ne-wo-lee-ka :
The Indian man Billy Champion, who is the bearer of this letter, has informed me there were some white people in your parts, survey- ing and marking out lands, under a pretence of hunting; and you sent him to desire to know, if this was done by my order or knowledge. I assure you it was not. It is a wicked thing, contrary to my treaties with you, and contrary to our laws and my proclamations. I will make it my business to find them out ; and, if you know who they are, I de- sire you will inform me, that they may be taken and brought to justice. 'The string herewith sent confirms my words.
A STRING.
Brother : I am glad this Indian man Bill came down at this time, for it gives me an opportunity of informing you of a melancholy affair which I have only heard of within these few days, and which fills the hearts of all your Brethren with the deepest sorrow and grief. It is this : two or three families of Indians, namely the White Mingo, Jonas and John Cammell, three women, two girls and a child, left the Big Island in the spring and came and built themselves cabins on Middle creek, about fifteen miles up the creek, there they lived and hunted, and were often with our people, and were always well received and kindly treated by them. About ten days ago they were at Mr. Wm. Blythe's, who lives at the mouth of Middle creek, who treated them kindly ; and from his house they went to one Frederick Stump's, a Dutchman, who lives in that neighborhood. There it is supposed some difference hap- pened, but what it was we have not heard, but they were all found mur- dered ; six of them in Stump's own house; and four at a certain cabin at some distance from it. I am further informed, Stump says he killed them all with his own hands, and that there was no other person con- cerned with him, in the fact.
On my receiving this melancholy account, the sheriff was immedi- ately sent with his officers to take up this Stump as the murderer ; and for their encouragement, I offered them a reward of two hundred pounds ; and I am in hopes he is by this time taken ; and no time shall be lost to bring him to his trial that he may suffer death in the same manner as he would have done, had he killed some white men.
Brother: I consider this matter in no other light, than as the act of a wicked, rash man, and I hope you will also consider it in the same way, and not imagine that since it was done by one man in the manner I have related it to you, that any other persons have been concerned in it, or that it has been in any way encouraged by any of my people. I assure you it has not.
Brother : There are among you and us some wild, rash, mad-headed people, who commit actions of this sort. Whenever it so happens, all that can be done, is immediately to acquaint each other of them, and to bring the offenders to justice, that it may make no breach between us, but be considered as a rash, sudden act, that could not be prevent- ed : and, we now inform you further, that we are going to send off a messenger immediately to the relations of the deceased people, who,
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we hear, live near Chenasse (Genesee) to inform them, aud the Seneca Nation, to whom they belong, of this murder ; and to bury their bodies and wipe their tears from their eyes, that it may not break the friend- ship subsisting between us the Indians ; but that we may live together and love one another as we did before this melancholy accident hap -. pened.
This belt confirms my words.
A BELT OF WAMPUM.
Brother: I desire this belt of wampum may be sent to any of our brethren near you, that they may not be frightened, or think the Eng- lish are not their friends. Assure them to the contrary ; and that we will keep the chain of friendship entire and bright, notwithstanding this accident. To confirm this my request, I give you this string.
A STRING.
Given under my hand and the Lesser Seal of the Prov-
S Locus 2 ince of Pennsylvania, at Philadelphia, the 23d of January, sigili. 1768.
JOHN PENN.
By his Honor's command :
Joseph Shippen, Jr., Secretary.
Immediately on the rescue of the prisoners, Mr. Armstrong sent a letter express, by Mr. Cunningham, to governor Penn, informing him of what had happened. Mr. Cunningham's deposition was taken, by Chief Justice Allen, before the council and Assembly, whereupon the governor issued a proc- lamation for the apprehension of the prisoners.
CARLISLE, January 29th, 1768.
John Penn, Esq., Hon. Sir :
In this perturbation of mind, I cannot write ; but in real distress, only inform your Honor, that we are deceived and disgraced at once ; , for about ten o'clock this morning, to the number of seventy or eighty men under arms surrounded our jail, when a number of them unknown to the magistrates, I must say, appear to bave had too ready entrance into the dungeon, and in less than ten minutes time, they carried off Stump and his servant, in open triumph and violation of the law .- The few magistrates that were present, Messrs. Miller and Lyon and myself, have, I hope, obviously enough done our duty ; but while we were engaged at the prison door, exerting ourselves both by force and argument, a party, utterly without our knowledge, was in the dungeon, of which we were not acquainted either by the jailer, or any other per- son, who, before we were aware of it, had the prisoners in the open street, when we were unable to make further opposition, and they were gone in less than a second.
The jailor says that a pistol was held at his breast, and this is all we can at present say of that circumstance. These rioters give as reasons for their conduct that the prisoners were to be carried to Phi- ladelphia for trial-that a number of white men have been killed by the Indians since the peace, and the Indians have not been brought to jus- tice, &c. At present we know not what step to take for the best, and
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beg leave to be favored with your Honor's further instructions. I have written in the presence of the two magistrates mentioned above, and am
Your Honor's
Most obedient servant,
JOHN ARMSTRONG.
P. S. The bearer, Mr. Cunningham, is a prudent young man-knows the state of these things, and may be depended on in any questions your Honor, or the chief justice may think proper to ask.
James Cunningham appeared before the Board, Thursday, Feb. 4, 1768-his deposition taken in the presence of John Penn, Esq. James Hamilton, Win. Logan, Benj. Chew, Rich- ard Penn and James Tilghman, was examined, and his depo- sition taken.
James Cunningham of Lancaster county, farmer, being sworn on the Holy Evangelists of Almighty God, deposeth and saith, that on Friday, the 29th day of January last, about nine or ten o'clock in the forenoon, as he was sitting at break- fast with John Armstrong, Esq., in the town of Carlisle, in the county of Cumberland, he was surprised to see a number of armed men surrounding, on a sudden, the public jail in the said town, that he, and the said John Armstrong, apprehend- ing that the said company met with an intention to rescue from the said jail a certain Frederick Stump and John Iron- cutter, who were confined there for the murder of a number of Indians, they both instantly ran to the said jail in order to prevent, if possible, the execution of so wicked and illegal a design. That when they got up to the said jail, the said John Armstrong made his way through a number of armed men, who stood before the door of the said jail, which was open, and guarded by four men, who stood within the door with arms in their hands ; that the said John Armstrong, and John Holmes, high sheriff of the said county, both attempted to go into the door of the jail, but were several times pushed beck and prevented : that as the said John Armstrong stood on the steps, under the door, he addressed himself frequently to the armed company who were about him, and used many arguments to persuade them to desist from their lawless ul - dertaking, and told them, among other things, that they were about to do an act which would subject themselves and their country to misery. That while the said Armstrong was speaking, this deponent saw one man take hold of him, and draw him down the said steps, upon which the said Armstrong
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INTRODUCTION.
by violence pushed back the person who had hold of him, and regained his stand on the said steps, saying at the same time, that they should take his life before they should rescue the prisoners. This deponent further saith, that while the said John Armstrong and Robert Miller, and Wm. Lyon, Esq., and the Rev. J. Steel, who had joined the said Armstrong, were endeavoring to disperse the said company, several other armed men appeared within side the said jail, to the very great surprise of every one, with the two prisoners above mentioned in their possession, whom they brought forward, and after pushing the said Armstrong, Miller, Lyon, Steel, Holmes, and this deponent, by violence and crowding from before the said jail door, carried them off with shouts and rejoicing, and immediately left the town. This deponent further saith that he cannot with certainty declare what num- bers were in the company which made the said rescue, but that from the best judgment he could form, there were 70 or 80, all armed with guns, and some tomahawks. This depo- nent further saith, on his solemn oath, that he does not know, nor has any personal knowledge of any one of the persons he saw in the said company, concerned in the said rescue, and that after the said company had left the town, the Rev. Steel came to the said Armstrong and Mr. Lyons and Holmes, and informed them that the said rescuers desired they would come to, and confer with them at the plantation of John Davis, to come to some terms with them. That the said three last mentioned persons immediately mounted their horses and went towards the said Davis's, but informed this deponent that on their return, that the said company had altered their resolu- tion, and had gone on without waiting for them ; and further saith not .- Prov. Rec. T. p. 254-55.
JAMES CUNNINGHAM.
Taken and sworn before the Governor
and council, Feb. 4, 1768.
Deposition of James Cunningham, of the county of Lancas- ter, being sworn according to law, taken an oath, adminis- tered by the Chief Justice, before the House, February 4, 1768.
That about ten o'clock last Friday morning, as he sat at breakfast, with Col. John Armstrong, in the town of Carlisle, looking through a window opposite to the prison, he saw a
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INTRODUCTION.
number of armed men running towards the back of the jail, of which acquainting the colonel, they both rose from the ta- ble, run into the street, and made their way through the arm- ed men to the jail door, the colonel calling out to the people that they were acting a bad part, or words to that effect, and desiring them, as they could not be all reasoned with, to choose out three or four, or half a dozen of their leaders, and he would convince them that they were acting a part that must subject them and their country to misery ; that the Rev. Mr. Steel came out and spoke to the people to the same ef- tect ; that the Colonel, Mr. Miller, Mr. Lyon, the Sheriff, the deponent and others, having got to the jail door, forced all the people from it, except four armed men, who stood within the door with their muskets across it ; that some of the armed men within pushed the Colonel down the steps, who, having recovered himself, said to them: Gentlemen, I am un- armed, and it is in your power to kill me, but I will die on the spot before you shall rescue the prisoners. Mr. Miller spoke in like manner ; that while the magistrates and sheriff were thus attempting in vain to get at the door, to the sur- prise of every one but the mob, the prisoners were brought out, (Stump handcuffed, the servant not) when the people accompanying them, called out to the mob, " make way, here are the prisoners ;" many shouting out, " we have them," and immediately run off with thein-that the deponent had no personal knowledge of any of the rescuers, but, to the best of his memory, was informed by the jailer, that one of the persons who had hold of him in the jail, was named James Morrow; that he also heard, but knows not from whom, that there was one among them by the name of Beard ; likewise Adams, Parker, Williams, or Williamson, and one John Mor- row, who was on the outside of the jail armed : that after the mob and prisoners were gone off, Mr. Steel came down to Col. Armstrong's, and informed him he had seen two that he sus- pected were of the party, who told him they wanted the Co- lonel, Mr. Lyon, and the Sheriff to go to John Davis's place at the creek, about two miles off, to converse with them, hoping they might come to terms ; that upon this notice, the Colonel, Mr. Lyon and the sheriff, immediately took their horses and went off : that a little before sunset they returned, when Colonel Armstrong told this deponent they had gone to Davis's, and to some other house farther off, (he does not
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remember the name) and were there acquainted that the mob being apprehensive a party might pursue them and retake the prisoners, had moved off with them from that place, thinking it was unsafe to stay longer ; that Justice Byers having heard of the matter, met them here, and Colonel Armstrong sent a messenger, with a few lines, after the mob, setting forth to them the danger they were in, and the mischievous conse- quences of such conduct, and advising them to return and sui- render the prisoners to justice ; that the deponent was told the names of the rioters above mentioned by Colonel Arm- strong, Mr. Miller, Mr. Lyon, or the sheriff, but he is not certain which of them ; and that after the rescue, he heard a company of lads say they saw the mob going along with the prisoners, and carrying a Smith with them, (named McGone- gal) with a pistol held to his breast ; that three men from Carlisle, to wit, Ephraim Blain, Ralph Nailor and Joseph Hunter, told the deponent he had followed the mob to one Ferguson's, near the foot of the North mountain, six or seven miles from Carlisle, and coming up with them, endeavored to convince them they had done wrong, and ought to give up the prisoners to government ; that some appeared concerned, as if convicted of misconduct, and thereupon told these men, that if they could have security that the prisoners should not be carried to Philadelphia for trial, they would take care of them, and engage they should be delivered up to justice ;- that the said Blain, Nailor and Hunter, however, gave them no encouragement to expect the security they wanted, but acquainted them they would mention it to the magistrates and Sheriff; that after this deponent heard some talk of the magistrates and sheriff's intending to go out to the mob, but they were gone up when he left Carlisle; that the deponent heard on the Wednesday before the rescue, the magistrates met to consult on some matter, he supposes it might be about sending the prisoners to Philadelphia, when a party of armed men appeared in sight of Carlisle, from whom two persons, John Davis and John McClure, came to town, and he was told, informed the magistrates that this party were coming to rescue the prisoners from jail, understanding the sheriff was to take them to Philadelphia that day: that two young men came also from the said party to town, to speak to the sher- iff, having heard the prisoners were cruelly treated, and were to be sent to Philadelphia for trial; that upon talking with
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INTRODUCTION.
the sheriff, and being convinced that the prisoners were not ill used, nor to be carried to Philadelphia to be tried, but only for examination, they seemed satisfied and returned to their party, who fired their muskets and moved off; that the sher- iff told this to the magistrates, and the deponents heard they advised the sheriff to be careful of the jail doors, but he does not know that the magistrates placed a guard or took any other method for strengthening and securing the prison ; that on the morning of the rescue, before the mob appeared, two men, as the deponent was informed, went into the jail, the door being open, called for some liquor, and were talking with the jailer, when a party of armed men rushing in, the two that first entered, seized the jailer and hurried him to a back apartment, where the debtors are kept, one drew a pistol and put it to his breast, the other a cutlass or hanger, and swore that he was a dead man if he made any noise or resistance ; that a part of the mob, in the meantime, got into the dungeon, a girl hired by the jailer having, the deponent knows not whether by threats or persuasion, furnished them with the keys and a candle, or (as he once heard) the door being bro- ken by force; that the deponent was in the dungeon when the prisoners were committed, at which time their legs, he thinks, were ironed and chained to the floor; that before the day of rescue he went down again with parson Bogart, (Bu- cher) and then the servant lad being sick and his hands much swelled with the tying; when brought to Carlisle, he found all the irons had been taken off the lad, and those also upon the legs of Stump, but that Stump yet continued handcuffed ; that the deponent being about going to Lancaster county, where he lived, was desired by the jailer, who had heard that Stump's friends in that county would oppose his going to Phi- ladelphia, to use his influence with them to quiet their minds and discourage them from so rash an attempt ; but that he was informed, and believes, the principal part of the rescuers were inhabitants of Schearman's valley, about twelve miles from Carlisle.
Here deponent was asked, if he knew the reason why the sheriff did not, agreeable to the Chief Justices writ, immedi- ately bring the prisoners to Philadelphia ?
Answer. That Stump and his servant were brought into Carlisle late on Saturday night, when they were put into jail, and the next day the sheriff endeavored to procure a guard
16*
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INTRODUCTION.
to set out with them on Monday morning for Philadelphia- that the guard were accordingly ready on Monday morning, and the deponent, intended at that time to go homewards, was desired by the sheriff to make one of the party, and provided himself with arms for that purpose; that the sheriff being thus prepared, determined to set off, and had the irons taken from the prisoners, and their arms bound; that just at this juncture Mr. Miller and M. Pollock, going to Colonel Arm- strong's, mentioned some uneasiness the people were under, on account of Stump's removal to Philadelphia, alleging, that it would not be proper to set off with the prisoners that day, the weather being bad, and the Susquehanna supposed to be dangerous, as it had been stopped by ice the week before, and that in case they should proceed to the river and find it impassable, an attempt might be made there to rescue the prisoners, which would probably be attended with dangerous consequences to the sheriff and his guard ;- that Col. Arm- strong, upon these suggestions, sent for the sheriff from the jail, who, with a number of town's people, met at the Col.'s house, when some were of opinion that it was not advisable to set out that day; others encouraged the attempt ; but, in fine, it was concluded best to defer it, Col. Armstrong and the sheriff were for going ; Messrs. Miller and Lyon object- ed to it, for the reasons above mentioned, without assigning any others that the deponent remembers ; Mr. Pollock, Mr. Sweeny,* a lawyer, and some others, thought it improper, because illegal, to remove the prisoners from the county ;- that Mr. Tea, and Mr. Campbell, a lawyer, urged strenu- ously to bring them down, and further deponent saith not.
JAMES CUNNINGHAM.
William Allen, Chief Justice.t
February 1768.
CARLISLE, Feb. 7th, 1768.
Hon. John Penn : Please your Honor-
Though I am very certain you will receive full intelligence of the . affair of Frederick Stump before this can reach you ; yet as my con- duct and character are so much concerned, I pray your Honor to re- ceive the following plain statement of the case, as all the vindication [
. William Sweeny (Swainey) was admitted to practice at the Lan- caster Bar in 1766. His. Lan. co. p. 368.
+ Votes of Assembly VI. p. 35-37.
-
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INTRODUCTION.
can offer of my conduct. James Galbreath, Esq., brought to Carlisle, and delivered to me the chief justice's warrant on the 3d day of Janu- ary. Immediately on the receipt thereof, I summoned a guard to attend me next day to go in quest of Stump ; but that very evening, Captain Patterson brought him with his servants, and delivered them to me. Next day I summoned a guard to set off in obedience to the chief jus- tice's warrant, having the same morning received a letter from the sheriff of Lancaster, who waited for me at John Harris'. Col. Arm- strong sent for me, and told me they had concluded to keep Stump, and not send him down. I alleged to him, I was not obliged to obey any orders of any magistrate in Cumberland county, as I had the chief ma- gistrate's warrant to the contrary. But he insisted I should not take him off, but discharge my guard, which I absolutely refused, whereupon the Col. went to jail and discharged my guard, brought up the prisoner, examined him and by mittimus, committed him, and wrote to some other justices to attend in Carlisle on Wednesday. On Wednesday, while said justices were sitting in council, a large party under arms came very near Carlisle and sent in messengers to the magistrates and to me, claiming that they should be well used, and not sent to Phila. Being satisfied that they were properly used, and having been told they were committed to our jail, they dispersed. The magistrate wrote a full ac- count to the chief justice, and I made free to acquaint him that I was ready to execute his orders, if he thought proper to call for the prison- ers, being persuaded now we should meet with no further trouble from the country ; but on the 29th January, another large body of armed men, thought to be mostly the former, joined with a party from Sherman's valley, on a sudden rushed into town, and marched up to the jail, hav- ing sent a few without arms, to appear before them, who went into the jail when the company came up, seized the prisoner, making the jailor and his family prisoners ; we labored with the armed men to disperse, to offer no violence, not dreaming they had got into prison, when, un- expectedly, they brought out Stump and made off. Mr. Steel, at my re- quest, followed them to the creek, two miles from town, but labored in vain.
On Sunday I called a posse, and set off early on Monday into Sher- man's valley. Several magistrates and most of the principal inhabit- ants of Carlisle and in the coun'ry attended, but we could neither find out where they had concealed Stump, nor by any arguments prevail with them to deliver him to us, Since this, they wrote me unless the Governor, Mr. Allen, (who was then chief justice) another gentleman of note, would oblige themselves that Stump should not be taken out of the county.
Please your Honor, I have given you a plain and true account of the affair, and pray that I may not be considered as designing or acting in disobedience to the chief justice's warrant, as I am persuaded your ho- nor will plainly see.
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