USA > Vermont > Orange County > Topsham > Sketches of the town of Topsham, Orange County, Vermont, 1929 > Part 5
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On October 30th, 1794, after Vermont became a state, an act was passed by the State Legislature taking the lots which had been granted to the Society away and giving them to the various towns for the use of the schools.
The Society for the Propagation of the Gospel, which had be- come deeply rooted in America by 1820, still claimed the Society lots and after a long and costly litigation a case reached the Su- preme Court of the United States. In March of 1823 the Supreme Court sustained the rights of the Society to the lots by the follow- ing decisions:
(a) "The rights of corporations, created by the crown in this country or in Great Britain, to hold lands or other property in this country was not affected by the Revolution."
(b) "The property of British corporations in this country is protected by the Treaty of Peace of 1783 and by the Treaty of 1794, so that it could not be forfeited by any intermediate legis- lation, act or proceedings."
(c) "The termination of a treaty by war does not divest rights of property already invested under it."
(d) "The act of the Legislature of Vermont of the 30th of October, 1784, granting the lands in that state belonging to the Society for the Propagation of the Gospel in Foreign Parts to the towns in which the lands lie is void and conveys no title under it."
This case was called "The Society for the Propagation of the Gospel in Foreign Parts" against the "Town of New Haven and William Wheeler." The case for the Society was argued by a Mr. Hopkinson, the case for New Haven by Daniel Webster. Six of the seven judges of the Supreme Court decided in favor of the Society.
Meanwhile the selectmen of Topsham had leased Lot No. 60 and used the rental for schools. Edmund Weston was made agent for the Society lots and on May 16, 1828, he leased all of the land in Lot 60 for "as long as wood grows and water runs" at an annual rental as stated below.
At the same time Weston asked the Town of Topsham to pay back all the lease money they had collected and used. The town
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records of Topsham show that the town paid not only the money collected but interest on the same, a total of $900.00. The follow- ing is Edmund Weston's receipt:
Topsham, May 16, 1828.
Received of the agent and selectmen of Topsham in full of back rents which they have received on the Propagation lot, Nine Hundred Dollars, and the Propagation Society hereby discharge all claim on said town in consequence of their having heretofore received the rents on said lot, and the Town of Topsham have released no legal claim to the land.
EDMUND WESTON, Agent of said Society.
An act passed by the Legislature of Vermont in 1825 gives a town the right to tax the buildings or "betterments" on its lease lands.
On May 16, 1828, Edmund Weston, agent for the Society for the Propagation of the Gospel in Foreign Parts, leased Lot No. 60 for as long as water runs and grass or wood grows on the following condition : Provided that the lease-tax as given below shall be paid February 1st of each year, otherwise the land reverts to the So- ciety aforesaid named.
Samuel White).
Garon Bullard.
Hiram Fiske,
Parker Bagley.
Haiti Rever.
Daniel Me Grillie .
< - - -
THE PROPAGATION LOT.
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Aaron Bullard Lease, 150 acres more or less $ 9.17 Samuel White Lease, 58 acres more or less. 3.48
Parker Bayley Lease, 15 acres more or less, including the mill site. .94
Hiram Fiske Lease, 87 acres more or less. 5.45
Daniel McCrillis Lease, which includes all of Lot 60 South of Waits River except Hiram Fiske's forty acres, 100 acres more or less. 6.24
TOTAL $25.28
PRESENT OWNERS.
Kenneth Batten, farm, including 2c on the Hood farm. $ 1.47
Ernest Batten, house lot .. .01
Frank H. Craig, farm 1.71
Clifford Chalmers (Barnard lot) .10
Church lot. .04
Cemetery lot. .07
Mrs. H. Wallace Chalmers, house lot and garden .05
Charles Dodge, house lot .02
Chas. E. Disney, house lot. .01
Dennis Eastman, house lot. .01
Harry Miles, farm 5.63
Flint Bros. and Jackman Bros., mill site and yard. .24
Mary Martin, old Mill House lot 3c, house lot 7c. .10
G. W. McDuffee, 21c on Cor. line and 21c on Pike Hill road Anson Parker, farm.
10.03
E. S. Locke, store lot 3c, house lot 4c.
.07
Parsonage lot ..
.04
Mrs. Nutt, postoffice lot. .04
L. D. Prescott, house lot and yard
.04
George Smith, farm land next Cor. line
1.00
Frank Richardson, farm in S. E. corner.
3.88
Lila Richardson, house lot and meadow next the river. W. of Pike Hill road. .03
School yard.
.03
Mrs. Earl Woods, farm land next Corinth line .24
TOTAL $25.28
.42
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LOT NO. 12 (SCHOOL LOT).
moses, Mr. Jones.
John Sone.
M. J. George
Joseph and Jones Jours.
1
Edmund beriger.
-
5
Selectmen's Leases of Lot No. 12.
The number of acres in each lease and the dimensions of each lot are only approximate. Only the Moses W. Jones and the W. T. George leases were surveyed; the Joseph and Isaac Jones and the Edmund George leases were probably inaccurately done. The leases were made for as "long as water runs and wood grows" on condition that the tax named in each lease is paid annually.
Two leases were made to John Jones, one of 50 acres and one of 140 acres: This 140-acre lease was afterwards leased to Moses W. Jones and W. T. George.
John Jones lease: 50 acres in the northwest corner; so rods by 104 rods; tax $3.00.
Moses W. Jones lease: 50 acres in the northeast corner; 51 rods 13 1. by 156 rods 21 1 .; tax $3.00.
Joseph and Isaac Jones lease: 87 acres north of Edmund George lease; 54 rods on the west line, 66 rods on the east line, and 232 rods on the south line (probably inaccurate) ; tax $5.22.
Edmund George lease: 75 acres off the south end of the lot, 51 by 236 rods; tax $4.50.
W. T. George lease: 97 acres lying between Joseph and Isaac Jones lease on the south and John Jones and Moses W. Jones leases on the north; beginning on the east line of the lot at the
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southeast corner of Moses W. Jones' lease; thence 81 rods 12 1. south; thence west 238 rods 6 1. to the west line of Lot 12; thence north on the west line of the lot 33 rods; thence east 80 rods; thence north 52 rods 12 1 .; thence east 156 rods 21 1. to the point of beginning; tax $5.82.
PRESENT OWNERS.
Charlotte J. Furman, who owns the south 159 acres, tax $9.54; Fred C. Tobey, who owns the northeast 132 acres, tax $7.92; J. N. Smith, who owns 68 acres in the northwest corner, tax $4.08; total number of acres about 359; total tax $21.54.
HAUNTS AND WITCHES.
Like many other old towns in the State, Topsham has had its witches and haunted houses. Among the hills in the northern part of the town there is an old cellar where once stood a comfort- able farm house.
The story is told that a daughter of this household grew to womanhood, fell in love with a young man in a neighboring vil- lage and was jilted by him. She took to her bed and lay there for eighteen years before she died. After her death the house be- came vacant. No one would live in it for it is said that this young woman came back from her grave to haunt her faithless lover. The neighbors shunned the house and road leading past it after dark. The house was finally torn down and the old cellar today is overgrown with weeds and wild raspberries.
Not far above Waits River village on the West Topsham road is a "witch" house, where Dame Tucker lived in the long ago. She was said to go into a trance. While in this trance she would take the form of some animal and annoy her neighbors. It is said that one night she took the form of a pig and went to a neighbor's. The neighbor hearing a noise on his porch went to the door. See- ing that it was only a pig he gave it a kick. The pig fell down the steps and went off limping. The pig was never seen again but the next day Dame Tucker was seen to limp as she walked down the road.
On another occasion a man disliked by Dame Tucker was driving a pair of oxen past her house. She ran out to the road and snapped her fingers at the oxen and their yoke fell off. Again when the yoke was replaced she snapped her fingers and again the yoke fell off. The man turned back and told his neighbors what had happened to his ox team.
If the old house could talk it no doubt could tell many a story
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of carousals carried into the wee morning hours. One of the in- side doors still bears the mark of a knife thrown at the owner by one who had drank long and deep of the cup that muddles a man's brains and stingeths him like an adder.
THE POOR OF THE TOWN OF TOPSHAM.
Up to 1854 the poor of the Town of Topsham were "farmed out" to the lowest bidder. The price paid for caring for a single person was from 50 to 75 cents per week.
On March 7, 1854, a farm of So acres was bought in the east part of the town. The poor were kept on this farm till 1862. On September 2, 1862, Roswell M. Bill, agent for the town, sold this farm and the poor were again farmed out.
On April 12, 1866, the Daniel Nutt farm of 106 acres located above the village of Waits River, was bought for a Poor Farm and. was used for this purpose till May 14, 1888, when it was sold for $902.00. Since that time the Overseer of the Poor has had charge of the destitute of the town and has placed them in the homes of private citizens where they are cared for at a given wage per week.
The number of poor in the town has steadily decreased during the past 50 years. In the early SO's there were fifty poor supported by the town. At the present time there are only two persons. The care of a person has risen to five dollars per week, and the doctor bill of the poor from between five and ten dollars per year to near- ly a hundred dollars per year. This latter sum, however, includes work as board of health, etc., a thing that was not thought of in the 40's and 50's.
The poor that died at the Waits River farm were buried in the Waits River cemetery, a portion of that cemetery lying along the road west of the gate being set apart for that purpose.
TWO BEAR STORIES.
Black bears were quite common in Topsham seventy and eighty years ago. Traps made of logs were set for them and some- times several would be caught during a single year.
One evening a Mr. Stevens was on his way from Topsham to his home in Corinth, when he came face-to-face with a bear just below the "Fellows House" about a mile from Waits River.
Stooping, Mr. Stevens picked up several stones. He threw one of these which struck the bear in the face, stunning it. Mr. Stevens then ran forward and killed the bear with a heavier stone and a club.
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Mr. Stevens afterwards said, "I won't turn out of the road for a bear."
*
John Fellows, Jr., was going over the hills towards Topsham Four Corners one evening when he saw a bear in the path before him. Bruin stood his ground and Mr. Fellows, who had a couple of stone picks in his hands, threw one of them at the bear, missing it. Mr. Fellows then threw the other pick, striking the bear in the side. The bear turned and, with a whine, lumbered off into the woods.
A QUEER CHARACTER.
At one time it was necessary to cross a field owned by an old gentleman living on a hill farm above Waits River to remove some logs and wood from a certain wood lot. One of the parties who owned some of the lumber in this wood lot asked permission to cross the old gentleman's fields. "Certainly," said the old gentle- man, "go ahead."
Later another party had some logs to remove from the same field. Supposing it was all right for him to cross where others had been crossing, this man failed to ask permission.
After hauling a load or two the haulers found the bars closed and nailed fast. The haulers tore the bars down, but had not proceeded far before they were met by the irate old gentleman, who told them that. they could not cross his field. Some sharp words passed between the hauler and the old gentleman, and on leaving the hauler swore that he would cross the field to the wood lot the next morning and the old gentleman could not help him- self.
"We'll see about that," was the reply.
The next morning the haulers found a big tree in the only gateway in the stonewall leading to the wood lot. The old gentle- man had hauled the tree into the gap with his ox-team and his wife was sitting among the branches.
The hauler and his helper threatened to pull the tree out of the gap. The old gentleman said, "Pull her out, boys, pull her out," then turning to his wife, he said, "Sit still, old woman, sit still."
The hauler finally gave in and made terms with the old gentle- man.
Another story is told of this old gentleman. He had a pair of oxen that was his pride and the envy of many of his neighbors. He boasted that the oxen had never been hitched to a load that they could not pull.
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One fall the old gentleman hauled some logs to the sawmill at Waits River to be made into lumber. After he had paid for sawing the lumber he wanted the slabs and edgings that came from his logs. These were not in the bargain, but finally the mill owner told the old gentleman that he could have one load and no more. The next morning the old gentleman came down out of the hills with his ox-team hitched to a hayrack. After the hayrack was pretty well loaded the mill owner said, "You've got a load, hav'nt you?"
With a grin on his leathery face the old gentleman said "You told me that I might have a load."
The roads were poor and the mill yard was belly-deep with mud, so the mill owner said, "Alright, suit yourself."
By the time the load began to look like a young house the mill hands were standing around hoping to see the brag team of oxen stuck.
When the old gentleman had piled his load as high as he could reach he took up his long-lashed whip and without looking at the smiling bystanders, flourished it over his team and shouted "Who-a-a, Buck, hi-sh-sh-a-a, get out of here, Jerry!"
The ox-team settled into the yoke and the wagon rolled thru the mud out of the mill-yard with the biggest load of slabs ever hauled from Waits River.
CREAMERIES.
The East Topsham creamery, known as the Green Mountain Creamery, was organized in October, 1892, with a capital stock of $2,000.00. Elmer Hood was the first foreman. This creamery located near East Topsham village closed in 1896 for lack of pat- ronage.
The West Topsham Creamery was organized February 17th, 1893, with a capital stock of $3,000.00, divided into 120 shares of $25.00 each. This creamery is located about half way between Waits River and West Topsham. Waldo Hood held the position of foreman for twelve years. The creamery closed in the spring of 1929.
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WEST TOPSHAM
WEST TOPSHAM
West Topsham village had its beginning with the arrival of the Bagleys, the Sanborns, and others between 1795 and 1805. The settlement was on Zion Hill to the eastward of the present village. The schoolhouse used also as a church, the cemetery and the store were located on this hill.
Later, largely sthrough the efforts of Jonathan Jenness, the village site was moved to its present position. Jonathan Jenness, the "Father of West Topsham," came from Deerfield, N. H., in 1807. Being a man of sterling worth, he held many offices. Among these offices was that of Representative from the Town of Topsham, State Senator from Orange County, and Assistant U. S. Marshal. Mr. Jenness built the "Jenness House" at West Topsham in 1822. This hotel and the hotel at Waits River, which was built by H. S. Swift in the early 40's, were on the old stage route across the State. The Waits River hotel burned in 1879, the Jenness House in 1892. Since the burning of these hotels there has been no regular hotel in the town. Tourists are cared for at private houses.
The story is told that after his election to an important pub- lic town office, Mr. Jenness rose in the meeting and said: "Boys, let's work for nothing this year and keep out of debt." He further added: "When you are working in this part of town I will feed you and it will cost you nothing." It is said that the town officers followed his suggestion.
STORES AT WEST TOPSHAM.
SOCUNY
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WEST TOPSHAM
The first store building at West Topsham, located on Zion Hill, disappeared many years ago. The last of the early stores erected in this village was destroyed by fire in 1901.
The present store building was erected in 1901 on the site of the F. P. Cunningham store. A full line of merchandise is carried at the present time by L. P. Hight, who became owner of the store in 1904.
WEST TOPSHAM'S MILLS.
Nathaniel Mills built the first sawmill at West Topsham. It was built in the spring of 1799 and stood just north of the Bowen- Hunter bobbin factory. When the vat at the bobbin factory was dug a few years ago sawdust was found at a depth of eight and ten feet, no doubt the leavings of this and other early sawmills.
The early sawmills were run by water power. The saws were known as the "up-and-down" variety. Roswell M. Bill is said to have introduced the first circular saw in town. Many of the older houses were built from hunber that shows the marks of the up- and-down saw. Later, a sawmill, the one now standing, was erect- ed just north of the new cement bridge by Nathan Payne.
In 1807 Jonathan Jenness built the first grist mill in West Topsham. This mill stood on the site of the bobbin mill, which mill contains a part of the frame of the old grist mill. The Payne sawmill and the property upon which the grist mill stood are now owned by Bowen & Hunter.
LAWYERS.
Philip Hopkins Baker was one of the first resident lawyers in town. Mr. Baker came to East Topsham about 1836, where he began the practice of law. He practiced here until his death on March 2, 1841.
John W. Batchelder was born December 9, 1812. He studied law with Philip H. Baker in 1840. Mr. Batchelder practiced in Topsham till 1854.
Asa M. Dickey was born March 10, 1821. He was admitted to the bar in 1845. In the same year he opened a law office at West Topsham, where he practiced till 1852, when he moved to Wells River. Mr. Dickey was a fine example of what a young man with ambition can do. Having a limited education, he was appren- ticed to a brickmason at an early age. After serving his appren- ticeship he tried peddling and teaching. He then took up the study of law, was admitted to the bar and became remarkably proficient in the practice of his chosen profession.
Roney M. Harvey was born May 20, 1843. He came to West Topsham in 1869. He was the last resident lawyer in town.
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WEST TOPSHAM
That there is seldom need of a lawyer in town points to the peaceful character of its people. The statutes of the State are kept at the Town Clerk's office at Waits River, and may be con- sulted at any time. Mortgages, wills and deeds are usually made out by the efficient Town Clerk, E. S. Locke.
THE OBSERVER.
On March 20, 1895, C. C. Lord began the publishing of The Observer at West Topsham. The paper was issued on Wednesday of each week. The Observer office was in the old Wallace store, then owned by Dennison Densmore. Dr. Horace L. Watson be- came the sole owner in 1897, soon afterwards selling the paper and printing office to H. E. Parker of the Bradford Opinion.
Mr. Lord says: "The people of West Topsham and vicinity were good patrons of the paper and printing office. I have always had a warm place in my heart for them and greatly appreciated their generous patronage."
At the present time the news of the town is supplied to its people by either the Barre Times, Groton Times, or Bradford Opinion. O. C. Croxford is the local news correspondent at Waits River for these three newspapers. Mr. Croxford also does job work in printing stationery, cards, small hand bills, envelopes, sugar labels, etc.
DOCTORS.
Dr. Richard M. Huntly was born December 7, 1768. He came to Topsham in 1794, being the only resident doctor in town till 1818. Dr. Huntly died March 13, 1833.
Dr. Levi Burton was born October 30, 1803. He came to West Topsham in 1845. He continued to practice there till his death August 27th, 1867. Dr. Burton was a good physician and was a highly respected citizen.
Dr. Oliver L. Watson was born May 1st, 1828. He came to West Topsham in 1867. He practiced till 1890, then was succeed- ed by his son, Dr. Horace L. Watson, who was born October 22nd, 1863. The Watsons lived in what was known as the "Henry Tillot- son House." In 1899 Dr. J. A. Dow bought the home and practice of the Watsons. In 1901 a lantern was overturned in the doctor's barn and barn, house, church, store and several other buildings were burned. Dr. Dow is at present the only resident doctor in Topsham. He lives and has his office in what is known as the "Ward Carpenter House." This house was built by Ward Carpen- ter about fifty years ago. Dr. Dow, unlike his earlier predecessors, uses an automobile on his circuit among his patients. The horse and cart or sleigh have been discarded. Though the roads have
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WEST TOPSHAM
been much improved during the past fifty years, there are still times in winter when the doctor endures hardships in fulfilling his duties.
THE DOCTOR'S HAMS.
One night Dr. Bill of West Topsham drove into his yard after a call. Just as he drove in he saw a man run from his cellar win- dow. The doctor stole quietly to the cellar window from which the man had vanished. Just as the doctor reached the window a ham was passed out to him, then another and still another.
At last the doctor said: "Don't you think you had better leave something for the doctor's breakfast?" The doctor was a kind- hearted man and the outcome of the incident is left for the reader's solution.
In those days teeth were pulled without taking an anaesthetic. When the doctor was asked his bill after pulling a tooth he would reply, "Nothing, it didn't hurt me any."
JOHN HORSE.
John Horse was once a colt, That spent its time in play, Or fed on hillside meadows Throughout the summer day.
John feared no cold in winter. His master was his joy, John followed him about, This life he did enjoy.
The youth, John's loving master, Grew up to man's estate; The coltish Johnny horse Took on some added weight.
For them no more the days Were spent in idle play; Such days for both of them Forever passed away.
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WEST TOPSHAM
The youth became a doctor, A doctor wise and true; Many were the snowdrifts That Johnny took him through.
Long years of service done, While seasons passed away,
Long days of steady work, While both were turning gray.
The people loved the doctor, This doctor kind and true;
Let Topsham never forget The debt it owes him too.
A RIDE THROUGH TOPSHAM.
No more beautiful ride in summer or fall can be taken in any state than the one through the Town of Topsham by the "River Road." This road follows Waits River for a distance of six or eight miles as it meanders through the town.
The river can be seen on one side or the other of the road flowing swiftly in a channel dotted with boulders and lined with sandy beaches. Groups of trees of a beautiful green show on the long slopes of the encircling hills.
Lining the road upon both sides are scattered rock maples,- the famous sugar maples of Vermont. Beneath these trees along the mossy stone walls from ten to fifteen different species of ferns . grow in abundance throughout the summer and still keep their greenness under the deep snows of winter.
Shortly after the road enters Topsham it winds along the river into the ancient village of West Topsham, past the saw mill, the bobbin factory, the village store, the church, the schoolhouse and the postoffice.
Leaving the village, the road passes down a long hill. At the top of the next hill we enter an arch formed by the spreading branches of two rows of maple trees over a hundred years old. A log-hewn watering trough at the right as we enter between these trees adds to the picturesqueness of the place.
As we leave the maple-tree arch, majestic hills which look like low-hanging clouds confront us, and we wonder if we are going to run into them; but beyond the West Topsham creamery the road takes a sudden turn to the left and we ride down the valley be- tween farm houses quaint and old.
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WEST TOPSHAM
Soon the steeple of Waits River church is seen and the smoke from the stack of the old mill rises high above the monster piles of logs in the mill-yard. At the village four-corners a tank fed by a spring back in the hills furnishes a public drinking place. More maple trees and we reach "Dunbar Hollow," where in spring the earliest wild flowers bloom. Then, on past more ancient farm houses, more wide meadows and hillside cornfields into the Town of Corinth.
THE RIVER ROAD
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INTERESTING FACTS
INTERESTING FACTS
:
In 1842 the Town Treasurer sent his bill for services and other expenses for the preceding year as follows: Services as treas- urer $5.00, for examining school districts $1.00, paper for the year $1.00; total $7.00. It must be remembered that there were no order books in those days. The average order was written on a piece of blank paper. Usually a sheet of paper would serve for several orders, and a dollar's worth of paper would last the se- E lectmen a whole year.
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