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EARLY COURTS AND CASES
Arrests and Trials Under the Intrusion Law —The Case of Ezra Spaulding—History of the Defendant—Other Tioga Settlers Indicted—First Courts of Tioga County—Docket Entries—A Horse Thief Convicted—Six Magisterial Districts Established—The Great Slave Hunt—Important County Records Stolen—An Obdurate Judge
During the years preceding 1813, when the several courts of Tioga county were organized, jurisdiction, both civil and criminal, was exercised over its territory and its inhabitants by the courts of Lycoming county. The earliest indictments found and cases tried were those brought against claimants under Connecticut titles, who had located on lands within the boundaries of what was then Tioga township, in violation of the Intrusion Law. These offenders were mercilessly prosecuted and, in many instances persecuted, by rapacious, grasping and greedy land sharks, losing not only their invested means, but the homes and improvements that represented years of toil in the midst of a dense wilderness.
One of these offenders "against the peace and dignity of the Commonwealth" was a settler named Ezra Spaulding, the history of whose indictment, trial, and conviction is gathered from the little book quoted from in a preceding chapter. In this book, as a part of the docket of the quarter sessions of Lycoming county, for the September term, 1798, is a record of the indictment of Ezra Spaulding for violating the Intrusion Law, by settling on a tract of 300 acres of land lying in Tioga township. The following indorsement appears on the back of the indictment, which is still preserved:
And now, to wit: At September session, 1798, defendant in his person pleaded that the tract of land of which he is alleged to have taken possession with force of arms, etc., and by virtue of neither color of a title or conveyance of a half share, etc., derived from the Commonwealth, nor of the late proprietors before the Revolution, is not in the county of Lycoming.
Under this indorsement is another from Deputy Attorney General Jared Ingersoll, in these words: "It is [in Lycoming] and defendant stood indicted." The case, however, did not come to trial at this term. The record shows that it was put off to the next term on Spaulding being held "in £100 in his own recognizance," and John Mitchelltree entered as bail for his appearance in the sum of £50. Gershom Gillet, Jonas Geer, John Shader, and Moses Emerson were held "in £50 each for their appearance at the next court of quarter sessions," as witnesses. At the December sessions it was continued until February, 1799, and at the February sessions until April, when, according to an entry in the docket, Gillet, Geer and Shader "made default, and recognizance forfeited." Emerson appears to have been present. The case was again continued, the defendant and John Newell, his surety, each renewing their bonds in £100 for their appearance at the next court.
The case finally came up for trial at September sessions, 1799, all parties, according to the record, being present. The verdict, as entered on the docket, reads:
And now to wit: The 5th of September, 1799, a jury of the country being called, came to wit: Henry Antes, James Stewart, John McCormick, George Crane, Mathew Adams, John Sutton, Stephen Duncan, Thomas Reed, John B. Culbertson, Robert Crawford, Robert Hamilton, and Daniel Doane, who being duly impanelled, ballotted for and sworn, on their oaths do say that they find Ezra Spaulding guilty in manner and form as he stands indicted, Judgement: That he pay a fine of $200, one-half of which to be for the use of the informer, and the other for the use of the county; pay the costs of prosecution, undergo imprisonment for two calendar months, and stand convicted until the sentence is complied with.
All of these jurymen, with possibly one or two exceptions, dwelt along the river only a few miles from Williamsport. Antes, who appears as foreman, was the celebrated Col. John Henry Antes, who built the stockade fort at the mother of Antes Creek. Stewart was a brother of Samuel Stewart, the first sheriff of Lycoming county, and Thomas Reed resided on what is now the site of the city of Lock Haven. Crawford and Hamilton lived near the river in what is Pine Creek township, Clinton county. Sutton lived on Lycoming creek, and his farm is now within the present limits of Williamsport and is partly built upon. Several of the others were equally as prominent as those referred to.
HISTORY OF THE DEFENDANT.
That Ezra Spaulding was a badly abused man there is conclusive evidence, and the reader will naturally inquire how he was and whence he came. Rev. David Craft, in his "History of Bradford County," (p. 294), informs us that he settled in what is now Canton township in 1796. The territory then belonged to Lycoming county. Spaulding was born in Connecticut in 1754, and received a good common school education. He also studied navigation and surveying, until he became well versed in those subjects, but never had much practice in either. He was brought up a farmer, and became one of the best in the county where he resided. In 1776 he enlisted in the Continental army, served three months, and in a short time his country again called for his services and he promptly responded, serving nine months in the militia and receiving his discharge in the fall of 1777. He returned to his father’s farm and remained there until 1793, when he removed to Springfield, Otsego county, New York, bought a farm and worked it about three years. Continued sickness in his family, however, made it necessary for him to sell out and leave that part of the country, which he did, removing to Sheshequin in the fall of 1795. He left his family where during the following winter, and with his son, Horace, went to Canton and located a farm under the Connecticut title.
He built a log cabin near Towanda creek, chopped a fallow of about four acres, and then returned to Sheshequin for his family, and in the month of February moved his goods to his new home on an ox sled, while his family were transported in a sleigh drawn by horses. They made the trip in about four days, picking their way through the woods and frequently being compelled to stop to clear out a road for the teams.
His family consisted of two sons and three daughters, viz: Horace, William, Lucy, Betsy and Delight. Besides these there were two negro slaves, who came from Connecticut—Beulah and her son, Ceaser. Mr. Spaulding suffered all the inconvenience of living in a new country, and endured many privations. He could raise no more grain than was needed for the sustenance of the family, while maple sugar was the only product with which to buy groceries and clothing, glass, nails, etc., and Tioga Point or Williamsport were the nearest places at which they could do their trading. The latter place was less than forty miles away, but the road or path down Lycoming creek was rough and narrow, the stream had to be forded many times, and the gloom caused by the thick forests of pine, hemlock and overhanging vines, was not inviting.
When he purchased his Connecticut right Mr. Spaulding supposed he had a good title to his farm, but when the question of title began to be raised he was, at the suggestion of a neighbor who had been an inmate of his house, sued for a small debt, the summons being returnable to Newberry, before ‘Squire Robert Martin. While there he was arrested and tried under the "Intrusion Law."
After his trial and conviction he served his time in the little log jail at Williamsport, and gave security for the payment of his fine. During the time he was imprisoned a gentleman visited his family, and, on hearing the history of the case, said that he would aid Mr. Spaulding in obtaining the Pennsylvania title from the Asylum Company. The Pennamite party, who had instituted the prosecution, enraged at Mr. Spaulding’s return to his old home, and his persistency in holding to his Connecticut title, determined to drive him from the country. The payment of his fine was demanded, and in default, Sheriff John Cummings, of Lycoming county, levied on all his property, which he sold, and then set fire to his house and burned it to the ground, and his family, in the beginning of winter, were left homeless and shelterless. A friend bought in his property and left it at his disposal, and as the season was too late to build, he accepted the offer of a small log house that stood near by. About a year after he built a large house, which he made a place of entertainment and kept it for many years. It stood on the public road leading from Williamsport to Elmira and became a famous landmark. Everybody knew Ezra Spaulding, and made it a point, when traveling, to tarry over night at his house. In 1801 he obtained a lease of the Asylum Company for his farm, which was resurveyed in 1804, and conveyed to him in legal form.
Ezra Spaulding surmounted all his trials, tribulations and persecutions; founded a home of comfort, and died in December, 1828, in his seventy-fourth year. His eldest son, Horace, lived to be almost one hundred years old, dying only a few years ago.
OTHER TIOGA SETTLERS INDICTED.
A number of the early settlers of Tioga county were prosecuted under the Intrusion Law and tried at Williamsport, but they fared better than Ezra Spaulding. They were among the first representative settlers on the Tioga and Cowanesque rivers and many of their descendants live in Tioga county today. An old indictment tried before May sessions in 1797, found among the papers when the little book previously spoken of was discovered, reads as follows:
The grand inquest for the body of the county of Lycoming upon their oaths and affirmations respectfully do present: That Benjamin Cole, Leonard Cole, Michael Eidy, Abel Cady, Thomas Willson, Sr., Thomas Willson, Daniel Ingersole, Nathan Niles, Uriah Spencer, Benjamin Cory, Samuel Patterson, Timothy Ives, Titus Ives, Reuben Cook, Joseph Mathews, Benajah Ives, Gideon Salisbury, Barret Montgomery Ingersole, John Holiday, Jacobus Van Camp, Richard Mitchell and John Ives, all of the county of Lycoming aforesaid, yeoman, and within the jurisdiction of this court, with force and arms, etc., at the township of Lycoming, in the county aforesaid, did take possession of, intrude and settle on lands within the limits of the now County of Lycoming (formerly Northumberland county) by virtue and under color of conveyances of Half-price rights or from other pretended title neither derived from the authority of the commonwealth, nor of the late proprietaries before the Revolution, contrary to the form of the act of general assembly of this commonwealth in such case made and provided, and against the peace and dignity of the commonwealth of Pennsylvania.
Attorney General
And now, to wit: A jury of the country being called came to wit: John Lawson, Matthew Armstrong, James Burchfield, Joel Ferree, James McCuen, James Bennet, John Hall, Samuel Torbet, Matthew Luch, John Hamilton, John Bennet, and Thomas Wenterringer, who being sworn and returned upon their oaths do say that they find the defendants not guilty.
The suit was brought in the name of the "Republica," which was then used in place of "Commonwealth" of today, but the names of the witnesses or prosecutors do not appear in the record.
On the back of the indictment, which is still in existence, and opposite the name of each party, the number of miles the constable had to travel from Williamsport to serve the summons is recorded. The mileage is given herewith: The two Coles, Eidy, Cady, and Willson, have each sixty-six miles charged against them; Patterson has sixty-eight; the two Ives’. Barret M. Ingersole and Holiday, sixty; Salisbury, sixty-four; Daniel Ingersole and Nathan Niles, sixty-three; Reuben Cook and Benajah and Titus Ives, fifty-seven; Richard Mitchell, fifty-six; VanCamp, fifty-five, and Benjamin Cory, forty-nine. The last lived the nearest to Williamsport, according to the constable’s reckoning, his place being at the mouth of Corey creek, on the site of Mansfield. The route traveled by the constable was by the Williamson road, there not being another road opened at that time. After being compelled to travel this long distance to be tried under the Intrusion Law, passed at the instance of rapacious land speculators, it is a source of satisfaction to their descendants to know that they were acquitted and returned home in triumph.
FIRST COURTS OF TIOGA COUNTY.
Although Tioga county was erected March 26, 1804, it remained attached to Lycoming county for judicial purposes for more than eight years. All its civil business was transacted in Williamsport, and all civil and criminal processes were issued from and were returnable to the courts of Lycoming county, and a complete severance was not effected until the convening and formal organization of the first courts, in Wellsboro, January 11, 1813. The opening of the court was an event of more than ordinary importance and it attracted the attention of the entire population of the village.
From the quarter sessions docket, which has been preserved, it is learned that Hon. John Bannister Gibson appeared as president judge to open the new courts. He was supported by Samuel Wells Morris and Ira Kilburn as associates, but the records are silent as to the name of the crier who made the official proclamation. On ascending the bench Judge Gibson read his commission to show his authority for appearing there to open the first court. His judicial district was composed of the counties of Bradford, Susquehanna, Wayne and Tioga, and was the eleventh in the State. When he had finished reading his commission, Henry Wilson arose and presented his commission as prosecuting attorney, by appointment of the attorney general. This served as his admission to the bar of the new court. Several attorneys were in waiting. Mr. Wilson then rose and made a motion that Robert McClure, of Williamsport, be admitted. He was one of the first three lawyers to locate in Williamsport in 1795, and therefore had been a practicing attorney for eighteen years. Having been formally admitted as a member of the bar of Tioga, he made a motion for the admission of his colleague, Francis C. Campbell, also of Williamsport. Ethan Baldwin was admitted at the same time. These were the first attorneys admitted. It is regretted that nothing is known of Henry Wilson. Whence did he come? Who was he, and where did he belong?
The ceremonies of admission being over, Eddy Howland and Timothy Ives, commissioners, informed the court that Samuel W. Morris, who was elected at the general election held in 1811 to serve three years as a commissioner, desired to resign, as he had been elevated to the bench. The court therefore appointed Nathan Niles, Jr., to fill the unexpired term of Mr. Morris. Aside from some road petitions there was little business before this court. Preliminary steps, however, were taken towards bringing some important suits at the next term, and this was why the attorneys from abroad were present.
There is a tradition that the opening of the court was regarded as such an important affair that the event was celebrated by a dance in the evening at the tavern kept by Alpheus Cheney. It was given a semi-official character by the judge, who was present and played the violin for the dancers. There is nothing on record to show that the dance really took place under the direction of his honor, hence we have to depend on the tradition alone. It was well understood, however, that he was a man who played the violin and loved fun, and as he was only about thirty-three years of age, but had seen much of frontier life, it is not improbable that he joined in the merry-making.
In visiting this addition to his district the judge came via Covington, traveling over what was known as the "East and West Road," which came direct from Towanda, where he then probably resided, as it was in the center of his district.
DOCKET ENTRIES.
At the April sessions, 1813, the business of the court seems to have been fairly under way. The first case called was that of Levi Ives vs. James Dickinson and James Matteson. This was an ejectment suit, and the sheriff’s returns show that on March 17, 1813, he "served the writ for John Ives, Benjamin Ives, Roswell Ives, John Ives, Jr., Jesse Losey, Samuel Losey and Moses Caldwell. A continuance was held until the November term, when the jury returned a verdict for the defendants, "plaintiff to pay the cost, whereupon judgement fi. fa. sheriff returns that he took the body of Levi Ives, who was discharged by James Dickinson and James Matteson." Francis C. Campbell, of Williamsport, appeared for the plaintiff, and Ethan Baldwin for the defendants. The writ was one growing out of land troubles.
The second case was the trespass suits of Abraham Foster vs. David and Jeremiah Miller. It resulted in a non-suit being entered by the plaintiff.
At this term of court the following tavern licenses were granted, for which the prothonotary charged a fee of $1.15: Sarah Kelsey, widow on Crooked creek; John C. Youngman, Nathaniel Seely, on Cowanesque; Asa Mann, Tioga river; Jonathan Matteson, on Cowanesque; William Willard, Tioga river; Alpheus Cheney and Israel Greenleaf, Wellsboro; Aaron Bloss, Rachel Berry, Oliver Jennings, and Adam Hart, on the Tioga river.
The court announced that "Aaron Bloss and Adam Hart, and all others who now keep tavern under former licenses, are permitted to go on until next court, and then take out licenses dated at the April term." Licenses previous to this date had been granted by the court of Lycoming county.
At the April term, 1814, the grand jury, of which Luke Scott was foreman, reported "that the county jail is sufficient to imprison debtors for the present." From this we infer that it was not in very good condition for more desperate characters.
A HORSE THIEF CONVICTED.
At the August term, 1814, the first case on the criminal docket was that of Samuel L. Mills, indicted for horse stealing. Nathan Niles was foreman of the grand jury. On being arraigned the prisoner pleaded "not guilty." The work of impanelling a jury was proceeded with as follows:
| 1. John Hart, 2d | 5. Daniel Cummings |
| 2. Samuel Carpenter | 6. Benjamin Lawrence |
| 3. Jonathan Thorndike | 7. Caleb Austin |
| 4. Erastus Niles |
This exhausted the panel, whereupon the court ordered a talis de circumstantibus. The sheriff summoned and returned the following new men and the jury was completed:
| 8. Cyrus Wright | 11. Israel Bulkley |
| 9. Harris Hotchkiss | 12. Ichabod Smith |
| 10. Elihu Hill |
The prisoner was tried and convicted, and the court imposed this sentence:
Samuel L. Mills [shall] undergo a confinement in the goal of Tioga county for the term of four years, and that he be kept to hard labor, fed and clothed as the law directs; that he pay a fine of eighty dollars to the commonwealth and restore the property, pay the cost of prosecution, and stand committed till the sentence be complied with.
And the court further directs, that the confinement and labor mentioned in this sentence be undergone in the goal and penitentiary in the City of Philadelphia.
At this term of court the grand jury reported concerning the jail as follows: "We have viewed the prison of Tioga county and say it is in no manner fit for the reception and safe keeping of either debtors or criminals."
At September term, 1816, May term, 1817, and December term, 1819, Judge Thomas Burnside, of Bellefonte, presided. He was assisted by associate Judges Morris and Kilburn.
SIX MAGISTERIAL DISTRICTS ESTABLISHED.
According to a minute on the journal of the commissioners, dated October 6, 1814, the board met and transacted the following important business:
In conformity to an act of the legislature of Pennsylvania of the 14th
day of March, 1814, making it the duty of the commissioners of Tioga county
to lay off the said county into suitable districts for the appointment
of a competent number of justices of the peace, the said commissioners
having met on the day and place aforesaid do resolve, to wit:
That the county be divided into six districts and bounded in the following
manner:
The township of Delmar shall be a district and numbered one.
The township of Deerfield shall be a district and numbered two.
The township of Elkland shall be a district and numbered three.
The township of Tioga shall be two districts and numbered four and five. District number four shall begin at the ninety-third mile-stone on the State line—thence south ten miles and 310 perches by Elkland township to the line of Covington township; thence by the line of Covington township, east six and a half miles; thence north ten miles and 310 perches to the State line; thence west on the State line six and a half miles to the ninety-third mile-stone, the place of beginning.
District number five shall begin at the eightieth mile-stone on the State line; thence south six degrees east by the line of Bradford county eleven miles to a post; thence west by Covington township seven and a half miles to district number four, before described; thence north by district numbered four, ten miles and 310 perches to the State line; thence east on the State line six and a half miles to the eightieth mile-stone, the place of beginning.
The township of Covington shall be a district and numbered six.
Timothy Ives,
Hopestill Beecher,
Ambrose Millard,
Com.
These six districts, according to an enumeration made in pursuance of an act of the legislature, contained 463 taxable inhabitants, distributed as follows: Delmar, Daniel Kelsey, justice, 87; Deerfield, no appointment of justice, 63; Elkland, Dorman Bloss, justice, 79; Tioga, the original township, William Rose, justice, 139; Covington, Daniel Lamb and Elijah Putnam, justices, 95.
THE GREAT SLAVE HUNT
It has been stated that a few slaves were brought here by the Wells family from Delaware, and that they were manumitted. In later years runaway slaves occasionally found their way into this section, either to visit colored acquaintances, or while in transit for Canada via the "Underground Railroad." Mr. Emery in his interesting reminiscences of early life in Wellsboro records the incidents of a slave hunt which were very exciting if not thrilling.
It was in the fall of 1828 or 1829 that two young colored men came to Wellsboro and stayed a day or two with "Uncle Eben Murry." They were set to work by Judge Morris. Two other boys came into the county with them, but they found employment at or near Covington. The first two remained a month or more with the Judge, when the people were startled by the announcement that Messrs. Boyd and Freanor, of Maryland, were in the village as owners and claimants of the two young colored men, who were fugitives from slavery, and had obtained writs of arrest from Judge Kilburn, of Lawrenceville, and had placed them in the hands of Chauncey Alford and Carlisle Atherton as deputy sheriffs. Word was immediately sent to the runaways that their masters were in town, and a short time after receiving the information they were fleeing across the hill to the Covington road, to be met there by the two deputies, who brought them back to the village, where they were handcuffed and fettered with irons brought by their claimants, hustled into a sleigh and started for Judge Kilburn’s, at Lawrenceville, followed by Judge Morris to see fair play.
What was to be done? "Uncle Eben and Aunt Hettie" thought it was terrible.
It was talked over half an hour or so, when some one said, "Let’s go down
and see the fun and help the boys if we can." Another, more executive than
the rest, suggested that they should "take out a habeas corpus returnable
before Judge Morris in Wellsboro, bring them back and have the hearing
here."
"But Judge Morris has gone to Lawrenceville and there is no one to
bring them back and have the hearing here," interposed another.
"Make out the writ in due form, " exclaimed another, "and have Judge
Morris sign it at Lawrenceville."
"But they will insist on trying it there before the judge."
"Hustle him home as soon as he signs the writ and before it is served,"
yelled one in the crowd, which had largely increased and was still rapidly
increasing.
"What good will it all do?" said a conservative gentleman in the crowd.
"The owners have the law on their side, and they will take the niggers
back anyhow."
"We’ll see," shouted a dozen voices at once. "Hurrah for Lawrenceville
and freedom for slaves!"
A hurried consultation was held by a few outside the crowd. Mr. Donaldson, clerk in the prothonotary’s office, went up to the office; two or three others went off in different directions. Another half hour passed. Mr. Donaldson came out of the office holding a folded paper in his hand; a couple of double sleighs drove up and as many as could get in loaded them up; but the conservative gentleman looked on, declining to go. Three cheers were given for the darkies and the party drove off for a frolic or something else, most of them having no clearly defined idea of what was going to be done, or what was contemplated as a result. Perhaps an hour and a half or two hours had passed before they were fairly under way.
Two or three of the party seemed to be anxiously looking out on the north side of the road as they passed down the creek and whispering quietly to each other, as if they were hatching some conspiracy or looking for a good site whereon to build a reputation or start a negro plantation. Someone in one of the sleighs suggested that it would be a good plan to get up a hustling fight on the way back and let the negroes get away; and he chuckled loudly over his suggestion, as though it was an original thought.
Onward dashed the rescuers. What a flourish they made as they drove
up to the tavern door of that great apostle of temperance who kept the
only tavern in Lawrenceville, and what cheering news the loungers gave
as they saw the formidable delegation from Wellsboro.
"Too late, boys," shouted Samuel Hunt, "the niggers are on their way
to Canada, and their owners are laid away upstairs, afraid of their lives;
but, come in, all hands, and take something;" which they did, of course.
The house was full, and a more excited and wild set of fellows, when they had got fairly mixed in and sufficiently refreshed at the bar, it would have been hard to find.
During the afternoon an important arbitration was in progress at Lawrenceville—one party living on the Cowanesque and the other up the Tioga—and it had excited considerable interest and drawn together a large collection of people. The arbitration had run into the edge of the evening, and was about concluded when Deputy Sheriffs Alford and Carlisle Atherton drove up to the tavern with their prisoners, accompanied by the Marylanders and followed by Judge Morris in his cutter. It was soon whispered about that the two blacks were fugitive slaves, who had been living with Judge Morris, and that the two strangers were their masters from Maryland.
Those who are old enough to know what an arbitration sometimes was in those early days, and how easily a large crowd, stimulated by whisky, became excited, can in some measure judge of the situation. The capture of fugitive slaves in Tioga county was a new thing. The people, somehow or other, had got it into their heads that when a slave had escaped out of the southern into the northern States he was, or ought, to be, free. They, as well as those who went down from Wellsboro, thought that the darkies ought at least to have fair play; that their shackles ought to be taken off and—the sheriff being the umpire—there should be a fair run or a fair fight, the slaves for liberty and the masters for the darkies. Under such circumstances, if the boys were foolish enough to be taken, then they were not in fact fit for freedom.
But the sheriff would not agree to any such arrangement, and Messrs. Boyd and Freanor were not consulted on the subject. So the ground was reconnoitered and the room occupied by the sheriff examined with a view to ascertain its exact situation and military defense. Some hard words were said, threats of lynching heard, advances and retreats made, pistols drawn by the Marylanders, and on the whole it looked as though there might be some "little unpleasantness."
The sheriff, however, kindly informed the owners that he knew the people of Tioga county better than they did; told them to put up their pistols, or he should be under the necessity of putting them under arrest to save their lives; for if one shot was fired he would not be answerable for their safety; and that if they valued their lives more than their slaves they had better leave the defense of their property in his and his assistants hands; ""or," said he, "you will be dead men in less than ten minutes after the first shot is fired!" The belligerent Marylanders were effectually frightened and slunk back into the corner.
In an instant a rush was made by the crowd, the lights were extinguished in that room and in the bar room, the darkies were seized and hurried to the door—one, however, was recaptured but retaken—and both were hurried over the line into the State of New York, which passes near the village. From one the shackles were easily taken; for either his heels were too short and his hands too small, or the irons were too large. From the other the shackles were taken by breaking them.
The names of the principal leaders in the rescue have been preserved. They were: Joseph McCormick, Elkland; William Garretson, Tioga; Almon Allen, Medad Gunn, and Samuel Hunt, Mansfield. After the shackles were taken off a contribution of money was made for the benefit of the fugitives, and they were sent on their way toward Canada.
Early next morning a warrant was issued by a justice of the peace at Tioga, and Messr. Boyd and Freanor were held to bail for kidnapping. No obstacle was thrown in the way to prevent them from obtaining bail. In fact, it was a part of the programme that they should be bailed. It may be as well to say here that, of the other two fugitives, an attempt was made to arrest one at Covington, but being a strong and powerful man, he knocked down his would-be captor and escaped to the woods; the other was for a while concealed in the cellar of Elder Ripley, [Note from Joyce - Nehemiah Ripley on present Rte 549 north of Powers Corners] beyond Mansfield, on the road to Troy; and after the excitement was over and the owners gone from the country, he was furnished with money and sent northward into Canada.
Soon after this exciting affair an action for trespass was commenced in the United States court, by the owners of the colored men who had been rescued, as they did not like the idea of being so summarily deprived of their property, if it did consist of flesh and blood. Proceedings were begun against Joseph McCormick, Oliver T. Bundy, William Garretson, Almon Allen, Samuel Hunt, Medad Gunn, and several others whose names are not now recalled. Medad Gunn was not notified, for he "went off" before the marshal had time to serve the writ upon him. The case took its regular course, was put at issue and set down for trial at the United States court at Williamsport, and a large number of witnesses from Tioga county were subpoenaed, among them Josiah Emery; but as none appeared, the case was continued to the next term.
After the case was continued, Joseph McCormick had an interview with the plaintiffs, and offered, if they would return home, to furnish sufficient evidence to convict the defendants, and would himself be a witness, as he knew every one engaged in the rescue. The bargain was concluded and a paper drawn up and signed in which it was stipulated by the plaintiffs that, on the condition of the payment of twenty-five dollars by said McCormick, to be considered as full satisfaction of any damages claimed from him, he was discharged from the suit.
The next term the case came on for trial. Judge Lewis presented the McCormick paper discharging him from all further claim for damages, and moved the discharge of all the other defendants, on the principle that the receipt of satisfaction from one of several joint trespassers was a satisfaction by all. This ended the suit through this acute legal dodge. McCormick always claimed that some one of the defendants stole the paper from his desk; but the truth is, it was a little bit of "sharp practice got up between Ellis Lewis and McCormick, and the paper was handed over to Lewis by McCormick himself. The Marylanders saw that they were defeated and soon after departed.
The two rescued colored boys fled to a point near Rochester and obtained employment at a country tavern, and their whereabouts was soon afterwards known to Judge Morris. When the Marylanders were discharged from the kidnapping suit they hurried north instead of south, still intent on looking for their property; and when Judge Morris became aware of that fact he suspected they had found out the location of the boys, and had gone to have them arrested and make another attempt to carry them to Maryland. He acted quickly. Harnessing his horse and sulky he started after them, and changing horses at Lawrenceville, overtook the stage at Painted Post, and found Messrs. Boyd and Freanor aboard. Leaving his horse and sulky he took passage in the stage with them.
But the ride was apparently too much for him, and when the stage stopped a few miles from where the boys were at work he was so sick (?) that he had to retire to a private room to be doctored, where, making a confidant of the landlord, he pursuaded him to hitch up a fleet team and send him to the tavern ahead, and in the meantime detain the stage as long as he could under pretense that he would soon be well enough to go on!
When they finally got to the next tavern, the aggressive slave owners were outwitted and at the end of their journey in that direction. The young colored men had been advised of the pursuit of their masters and were safely beyond their reach. When the stage drove up Judge Morris, who was standing on the porch, politely bowed to the Maryland gentlemen as they alighted! They were greatly surprised, and the expression of their countenances, as Judge Morris afterwards described them, indicated that they would have experienced great pleasure in shooting him!
This remarkable slave hunt, and its happy termination for the fugitives, became the topic of conversation not only in Tioga, but in the adjoining counties, and for years it was discussed in the family circle, in the bar rooms of the country and village inns, and at public gatherings. And as considerable more than half a century has rolled away, it my be stated as a historical fact that not one of the participants is now alive.
IMPORTANT COUNTY RECORDS STOLEN
One of the most exciting events of early times was the theft of all the important records of the county contained in the original public building. The robbery occurred in the fall or early part of the winter of 1828. The thieves entered the building at night and carried off all the deed books, seven in number, together with the dockets and records in the prothonotary’s office, and the books of the commissioners. When the news became known a profound sensation was caused, and there was much speculation why such a high-handed outrage should be committed. As no one person could carry the records, it was evident that there must have been more than one concerned in the affair, and probably a wagon and team were required to carry away the official plunder.
The facilities for ferreting out offenders at that time were limited; there were no sharp detectives to follow up clues, consequently the work of searching was slow.
Finally it was ascertained that the object of the robbery was to secure the pardon of a man from the penitentiary who had been convicted and sentenced for horse stealing. Many arrests were made and hearings had, but no evidence could be procured sufficient to hold any of the suspected parties. Among others arrested on suspicion was a man living in the eastern part of the county. It turned out that he was not one of the perpetrators of the theft, but had some knowledge of the plot. As time wore on and the records could not be found, this man, it is said, was induced, on the promise of no further prosecution, to give information which led to the recovery of the missing records. They were found hidden in a hollow log in the woods about a mile east of the court house, where they had lain for about three months. The object of the theft failed, as the convicted party was not pardoned.
As the public mind had become very much inflamed over the matter, because of the trouble, expense, and possible litigation, that would have followed in the event of the final loss of the records, several persons supposed to have been connected with the affair were arrested and indicted for conspiracy. Much delay ensued in bringing them to trial, when, finally, the indictments were quashed in consequence of some informality in the proceedings and through the ingenuity of able councel, of whom that rising and brilliant young lawyer, Ellis Lewis, was one. It is a tradition that the persons who carried away the records were never arrested, and they carried the secret in their breasts the balance of their lives. It is not likely that any one concerned in the affair is now living.
The robbery gave the commissioners a great deal of trouble, and cost
the county a handsome sum. From the records in the commissioners’ office
(see Journal for 1829, p. 269), it appears that a large number of persons
were employed to search for the stolen property, and they were paid the
following sums:
|
|
|
|
Almon Allen |
$31
|
44 |
|
|
|
|
George Divins |
4
|
00 |
|
|
|
|
John Marvin |
12
|
27 |
|
|
|
|
Thomas Kaydon |
34
|
31 |
|
|
|
|
Daniel Lamb |
22
|
50 |
|
|
|
|
Medad Gunn |
12
|
00 |
|
|
|
|
Charles Mann |
6
|
00 |
|
|
|
|
Charles Atherton |
42
|
00 |
|
|
|
|
Benjamin Gitchell, for finding lost records |
200
|
00 |
|
|
|
|
Samuel Hunt |
22
|
00 |
|
|
|
|
Lincoln Powers |
12
|
00 |
|
|
|
|
Asa Mann |
15
|
00 |
|
|
|
|
Erastus Rose |
3
|
00 |
|
|
|
|
Levi Rose |
3
|
00 |
|
|
|
|
John Gray |
22
|
75 |
|
|
|
|
Asa Mann |
10
|
00 |
|
|
|
|
Charles Spencer |
12
|
50 |
|
|
|
|
William Garretson |
12
|
00 |
|
|
|
|
Robert Tubbs |
6
|
00 |
|
|
|
|
Harris Corey |
3
|
00 |
|
|
|
|
Benjamin Bentley |
11
|
52 |
|
|
|
|
Peter Roberts |
12
|
64 |
|
|
|
|
Lorentes Jackson |
25
|
00 |
|
|
|
|
Uriah Spencer |
26
|
30 |
|
_____
|
____ | ||||
| Total |
$561
|
23 |
It will be observed that considerable time had elapsed before all the bills were paid, and the last two, which had run for about two years, were collected by process of law. There are no explanatory notes on the minute book, consequently we are left to draw our own conclusions as to some of the causes which produced the friction. The amount of money paid for the recovery of the records was a great deal for that time; in fact, it represented a purchasing power greater than three times that amount today. When the robbery was committed the following commissioners were in office: Lorents Jackson, John Cochran, E. B. Gerould. Before all the settlements were made Mr. Jackson had retired from office.
AN OBDURATE JUDGE
On June 5, 1830, the Phoenix announced that the circuit court would meet in Wellsboro on the first Monday of August of that year to sit at least one week. When the time came Judge Rogers appeared and took his seat on the bench, but to the surprise of all the court only lasted one day. The Phoenix summed up the proceedings as follows:
There being five causes upon the calendar for trial, several of which, from their importance and the number of witnesses subpoenaed, it was supposed would occupy the court a day or more, it was very reasonably conjectured that the court would continue pretty much through the week. But to the utter consternation of all, and more especially the tavern keepers, the court adjourned early in the afternoon of the first day, before any one could have anticipated such an event, and before the sheriff, attorneys, jurors, witnesses, spectators, politicians or loungers had half arrived. A few minutes after the adjournment several wagons made their appearance loaded with witnesses and accompanied by the parties in the case of Baldwin vs. Kilburn—all however too late.
Nineteen jurors only answered to their names on being called, and the absentees were fined five dollars each for non-attendance—four out of the number were, however, excused for cause shown.
The attorneys with one accord besought the court to delay the time a little till their worthy clients should arrive, but his honor was inexorable. One cited the practice of the common pleas as authority for putting over business till Tuesday morning, to which his honor replied, that "if such were the fact, it argued a laxity of practice to which I can not subscribe." A second urged the consideration of his client, being a judge likewise, having inadvertently appointed an adjourned court about the same time, to which the reply was: "That is no cause for continuance, and your client being not ignorant of these matters, I would rather enforce the rule against him with the more rigor." In short as the judge refused to be pettifogged, the bar were unable to detain the court or prevent the trial list from being taken up and disposed of in regular order. Only one cause was tried, and as there was no substantial defense to the plaintiff's claim, and the court absolutely refusing to listen to any other, though most feelingly importuned to the contrary, it occupied but little time, and thus ended the circuit court, after a session of about three hours!
It would seem from the above statement that Judge Rogers had taken offense
at something and was resolved on getting out of the town as soon as possible,
regardless of the business of clients and attorneys. Perhaps his honor
in coming into the town over corduroy roads was so terribly shaken up,
and his equanimity so completely destroyed, that a night and a day failed
to heal his bruises and restore his temper, and he took revenge on the
absent jurymen and the tavern keepers.
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