Boyd Crumrine.

History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men online

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two Gentlemen of their County, to meet two Gentlemen already ap-
pointed by this Court, at the House of Captain Reason Virgins, on the
forth day of August next, to run the line between this County and the
said County of Monaungahela, agreeable to Act of Assembly.

" Ordered, That the Court of Ohio County be requested to appoint two
Gentlemen of their County, to meet two Gentlemen already appointed
by this County, at the House of William Shearers, on the head of Cross
Creek, on the first day of August next, to run the Line between this
County and the said County of Ohio, agreeable to the act of Assembly.

"Ordered, That Court be adjourned until Court in Course.

" Isaac Cox,"

"At a Court Continued and held for Yohogania County, August 25,
1777.

" Preseut, Isaac Cox, Richard Yeates, Thomas Freeman, John Mc-
Dowell, and Zachariah Counell, Gentlemen, Justices.

"Ordered — That forCouveniency of Setting and Expediting Business,
That the Court be adjourned to the House now occupied by Andrew
Heath.

" Isaac Cox.*'

"At the House of Andrew Heath Court met according to adjournment.

"Present John Campbell, Isaac Cox, Richard Yeates, Thomas Free-
man, John Cannon, John McDowell, John McDaniel and William Goe,
Gentlemen, Justices."

Jacob Bousman was sworn as a captain of militia,
George Vallandigham as one of the justices, Isaac
Leet as a deputy sheriff, and John James Wood as
a constable.

On Aug. 26, 1777, Joseph Wills was sworn as a
constable, and on this day,

" Upon the Petition of Paul Froman, setting forth that he is desirous
of Building a Water Mill on Mingo Creek at the mouth thereof; and
praying an order to view and Condemn one acre of Land on the oppo-
site side from said Froman's Land for that Purpose :

"Ordered, That the sheriff be Commanded to summon twelve Free-
holders of his Vissinage to meet on the aforesaid land and they being
first sworn shall diligently View and Examine the said Land which
shall be Effected or Laid under Water by the Building said Mill, with
the Timber and other conveniences thereon, and that they report the
same to next Court, with the true Value of said acre of Land Petitioned
for, and of the Damages done the parly holding the same."

On the sai'ne day was the following action taken by
the court :

" Ordered, That the following Gentlemen be appointed to make a Tour
of the Different Districts hereafter mentioned, and Tender the Oath of
Allegiance and Fidelity to this Common Wealth to all free Male Inhab-
itants, agreeable to an Act of Assembly Intitled an act to oblige all the
free male Inhabitants above a Certain age to give assurance of allegiance
to this state and for other purposes Therein mentioned.^

1 This act by the Virginia Legislature has been previously quoted in
the chapter on the " Boundary Controversy." For the act itself see 9
Hening, 281.



"Ordered, That Matthew Richie, Gentleman, be appointed for the
above purpose within the following Bounds, Vizt: Beginning at the
mouth of Cross Creek and up the same to the Dividing ridge Between
said Creek, Raccoon and Chartiers Creeks; thence along said Ridge to
Croghans Line; thence up the same to Thomas Rogers's; Thence on
Strait Line to the head of Indian Creek ; Thence down the same to the
Ohio; Thence down the said River Ohio to the Beginning.

"Ordered, That Samuel Newell, Gentleman, be appointed for the
above purpose within the following Bounds, Vizt: Beginning at the
mouth of Churtiers Creek, extending up the same to the mouth of Rob-
ertsons run; Thence up the said Run to Croghans Line; thence with
said Line to Raccoon Creek; Thence down said Creek to the Ohio;
Thence up the same to the Beginning.

"Ordered, That John McDaniel, [McDonald] Gentleman, be appointed
for the above purpose within thw following Bounds, Vizt : Beginning at
the mouth of the West fork of Churtiers Creek, Extending up the said
fork to the top of the dividing ridge, Between Churteers Creek, Cross
and Raccoon Creeks; thence along said ridge to the head of Robertsons
run; thence down said Run to the Churteers Creek ; thence up the said
Creek to the Beginning.

" Ordered, That Andrew Swearingen, Gentleman, be appointed for the
above purpose within the following Bounds, Vizt.: Beginning at the
mouth of the West fork of the Churteers Creek and Extending up the
same to the Top of the dividing ridge Between Churteers Creek and
Cross Creek ; Thence along said ridge to the south Bounds of the County ;
Thence with said Bounds to the Main Fork of Churteers Creek ; Thence
down the same to the Beginning.

" Ordered, That Isaac Cox, Gentleman, be appointed for the above pur-
pose within the following Bounds, Vizt. : all that part of the County Ly-
ing west of Sweekly Creek, East of the Allegheny River and North of
the Monaungahela River. -

"Ordered, That Oliver Miller, Gentleman, be appointed for the above
purpose within the following Bounds, Vizt.: Beginning at the mouth of
Peters Creek and extending up the same to the head; thence a Strait
Line to Ezekiel Johnstons on Churteers Creek ; Thence down the same
to the mouth ; Thence up the Ohio and the Monaungahela to the Begiu-

" Ordered, That Benjamin Kirkindall, Gentleman, be appointed for the
above purpose within the following bounds, Vizt.: Beginning at the
mouth of Pigeon Creek, Extending up the same to the head ; Thence a
south line to the South Bounds of the County; thence with the said
Bounds to the Top of the dividing ridge between the waters of the Mo-
naungahela River and Churteers Creek ; thence along said ridge to the
head of Peters Creek; thence down the same to the Monaungahela River;
thence up the same to the Beginning.

"Ordered, That William Goe and Thomas Freeman, Gentlemen, be
appointed for the above purpose within the following bounds, Vizt. : Be-
ginning at the mouth of Little Redstone Creek, and Extending up the
same to the House of William Castiemans ; Thence on a Strait Hue to the
mouth of Washington's Mill run; thence up said Run to Froman's
Road ; Thence along said road to Thomas Gists, Esquire ; Thence along
Laurel Hill to Dunlap's old road; Thence with said road to the Mo-
naungahela River ; Thence with said River to the Beginning.

"Ordered, That Zachariah Connell, Gentleman, be appointed for the
above purpose within the following Bounds, Vizt.: Beginning at the
head of Maryland and extending along Braddock's Road to Thomas
Gists, Esquires; Thence with Froman's Road to head of Byera Run;
Thence down said Run to Yough River ; Thonce down the same to the
mouth of Sweekly Creek ; Thence with said Creek and North Bounds of
the County to the Beginning.

" Ordered, That Benjamin Frye, Gentleman, be appointed for the above
purpose within thefollowing Bounds, Vizt. : Beginning at the mouth of
Little Redstone Creek, extending up the same to the House of William
Castleman ; Thence on a strait Line to the mouth of Washington's Mill
run; Thence down the river Yough to the Monaungahela; Thence up
the same to the Beginning.

" Ordered, That Richard Yeates, Gentleman, be appoin ted for the above
purpose within the following Bounds, Vizt, : Beginning at the mouth of
Pigeon Creek and Extending up the same to ita fountain; Thence south
to the South Bounds of the County; theuce with said bounds to the
Monaungahela River; Thence down said River to the Beginning.

" Ordered, That the sheriff call on Mr. John Anderson, of Pittsburgh,

- This indicates that the jurisdiction claimed extended well up north-
east of Pittsburgh.



CIVIL AND LEGAL— THE COURT OP YOHOGANIA COUNTY.



216



or any other persoD, for the papers and rf cords belonging to the District
of West Augusta, and that the said Sheriff give tlie said Mr. John Ander-
son, or any other person wlio may deliver the said Records, a Receipt for
the same ; and that tie deliver tlie said Papers and Records to tlie Olerlf
of this Court, who is also ordered to give the said Sheriff a Receipt for
the said delivery.

" Robert Haniilton, a prisoner in the sheriff's custody, came into court
and in the grocest and most imperlite manner insulted the court and
Richard Yeates, gentleman, in particular; Ordered, that the sheriff con-
fine the feet nf the said Robert Hamilton in the lower rails of the fence
for the space of five minutes.

"Ordered, That any prisoner or prisoners the sheriff have, shall Ite
confined in the guard or some other room in Fort Pitt, with tlie accguies-
cence of General Hand, until such time as a proper goal can be provided
for the county.

"Ordered, Tiiat Isaac Cox, Oliver Miller and Benjamin KirUindall be
appointed, or any two of them, to contract with a proper person or per-
Bons to build a goal and court-house in the following manner and at the
following place, vizt.: The goal and court-liouse are to be included in
one whole and intire building, of round sound oak, to go twenty-four
feet long and sixteen feet wide, two story high; the lower story to be
eight feet high, petitioned in the middle, with squeared hewed logs with
locks and bars to the doors and windows according to law, which shall
be the goal. The upper story to be five feet high in the sides, witli a
good cabbiu roof, with convenient seats for the court and bar, and a
clerk's table, to remain in one room, with a pair of sUiirs on the outside
to assend up to said room, which shall be the place for holding court ;
■with two floors to be laid with strong hewed logs ; the wliole to be com-
pleat and finished in one month from the date hereof. The said build-
ing to be erected on the plantation of Andrew Heath at such convenient
place as the said Isaac Cox, Oliver Miller, and Benjamin Kirkindail, gen-
tlemen, or any two of them sliall think proper.

"Ordered, That John SlcDowell, gentleman, be appointed to take a
tour within the following bounds and tender the oath of Allegiance aud
fidelity to the State, to all free male inhabitants within the same, above
sixteen years of age, agreeable' to act of assembly; Beginning at the
mouth of the east fork of Churteers Creek and extending up the same
to Ezekiel Johnstons; thence ou a strait line to the head of Peters
Creek ; thence on the top of the dividing ridge between the Mononga-
hela River aud Churteers Creek to the south bounds of the county ;
thence with said bounds to the main fork of Churteers Creek; thence
with said creek to the beginning.

"Ordered, That the court be adjourned to six o'clock i to-morrow
morning.

"John Campbell."



On the next day, Aug. 27, 1777, there seems to have
been quite a deal of civil business done. It may be
interesting to name the parties to causes wherein
orders were made : Alexander Bowling !'. William
Poston; Same v. Francis Morrison; Thomas Rankin
V. Jeremiah Standsbury ; David Day v. Jacob Hen-
dricks ; John Lyda v. Joseph Cox ; Matthew Dale v.
Eichard Elson ; Benjamin Jones v. Patrick McDan-
iel ; William McMahon v. John Greathouse ; Daniel
Swigert v. Benjamin Newgent; Peter Reasoner v.
Davis Ruth; Balser Shillings v. Spencer Collins;
Dorsey Pentecost v. Christopher McDaniel; Burr
Harrison v. William Williams; Joseph Lindsey v.
George Long; Zachariah Connell v. Providence
Mounce ; Same v. John Lindsey ; Ignaw Labat v.
John Bradley; Hugh Sterling v. Mordecai Richards;
Ignaw Labat v. Thomas Girty ; Davis Wilson r.
Henry Bowling ; Alexander Sumrall and Thomas Jack
I). Walter Summerville ; John Worthington c. James
Poor ; John Snively v. Samuel Beelor ; Richard Yeates
V. Brice Virgin ; Richard Waller v. John Earskin ;



So the record reads, — 6 o'clock.



Dorsey Pentecost v. James Poor. The spelling of the
original is preserved in this list. Isaac Leet, 8r.,
Joseph Beeler, Sr. (the late Westmoreland County
commissioner), John Carmichael, James Rogers,
Isaac Reason, James McLane, James Blackstone,
Joseph Becket, and Joseph Vance are recommended
to the Governor to be added to tlie commission of the
peace.

" Ordered, That the magistrates appointed to make the Tour of the
County and Tender the oatli of allegiance and Fidelity, Shall alsi. Take
in the Numbers in Each Family within their Respective dintricu, In
order to enable the justices to make an equal distrilmtion of the salt,
and make return to October Court."

Isaac Cox was recommended to the Governor to be
commissioned as lieutenant-colonel of the militia in
the place of Thomas Brown, who had declined the
office, when the court rose.

The next term was held Sept. 22, 1777. On the
first day of the court

" William Taylor produced a Licence appointing him to preach the
Gospel after the manner of his sect ; which being read, the said William
Taylor came into Court and took the Oath of fidelity and allegiance to
this Commonwealth."

To illustrate, by two of several cases tried, the
method of administering the criminal law, tlie fol-
lowing records appear :

"David England, being charged with a breach of an act of Assembly
of this commonwealth, Intitled an Act for tlie punisliiiient of Certain
Offences, came into Court and confessed the Charge ; Then came a jury,
to wit: James Swolevan, James Wall, Charles Bruce, James Compbell,
William Marshall, Joseph Becket, John Crow, Zadock Wright, Edward
Cook, Joseph Bealer, Andrew Heath, 4 John Douglass, and being sworn
say that they find forty shillings.

" Thomas Estill, being Cliarged with a Breach of the Act of Assembly
of this Commonwealth entitled 'an act for the punishment of Certain
Offences,' who being called upon come into Court and pleads Not Guilty;
Whereupon, a Jury being sworn, to wit : Jame-s Swolevan, James Wall,
Charles Bruce, James Campbell, William Marshall, Andrew Heath, John
Crow, Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook, and
John Douglass, do say, they find for the Commonwealth Twenty Pounds
Current Money.

" Philip Tabor, charged with being guilty of a Breach of an act of
Assembly of this Commonwealth, intitled ' an act for the punishment of
certain Offences,' being Called comes into Court and Pleads Not Guilty;
Whereupon come a Jury, to wit : James Swolevan, James Wall, Charles
Bruce, James Campbell, William Marshall, Andrew Heath, John Crow,
Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook, & John
Douglass, who upon their Oaths do say the said Philip Tabor is Not
Guilty.

" Upon the Petition of Adam Wickerman, setting forth that he is de-
sirous of Building a Water Mill on Mingo Creek about three quarters of
a Mile from the month, and that he owns all the Lands that will be
overflowed by the building of the said Mill : It is therefore considered
by the Court that the said Adam Wickerham have leave to build and
compleat a Mill at the place aforesaid.

" Ordered, that John Campbell, Gent., be requested to furnish the wife
of Lemuel Davis, a poor Soldier now in the Continental service from this
State, for the Support of herself and three Children, the sum of four
pounds per month to commence from the said Lemuel Davis's Slarch
from this County.

" Ordered, that the provision made for the Children of Edward Mc-
Cawley by a former Order of this Court, shall commence from the time
of his March from this Country, and that the fnueral Charges of one of
th\i said Children since dead be paid by tlio said Mr. Campbell, and that



216



HISTORY OP WASHINGTON COUNTY, PENNSYLVANIA.



this Court do draw on the Treasurer of this Comniouwealth for the pay-
ment of the same.i

"A letter from General Hand addressed to Col. Campliell requesting
that Capt. Alexander McKee's Parole given to the Committee of West
Augusta be given up to him the said General Hand, in order to enable
him to put Capt. McKee on a New Parole, as he finds it necessary to re-
move said Alexander McKee. Ordered that the said Parole be given up
to General Hand and that he deposit a Copy of the New Parole to be
taken from the said Captain McKee in Lieu thereof, certified by the said
General Hand."

The records of the next regular term begin as
follows :

"The Court met according to Court in Course at the house of Mr.
Andrew Heath Octbr 27th, 1777.

" Present John Campbell, Isaac Cox, Joshua Wright, Richard Teates,
Gentlemen, Justices.

'• Ordered that the Court be adjourned to the new Court-House.

"John Campbell."

"The Court met at the Court House pursuant to adjournment.

"Present John Campbell, Isaac Cox, Richard Yeates, Joshua Wright,
Benj. Kirkindall, Andrew Swearingen, Samuel Newell, Gentlemen,
Justices."

On the next day it was

" Ordered, that the Inhabitants of this County have leave to Inoculate
for the Small Pox, at their own houses or such other convenient places
as they may think proper."

On Oct. 30, 1777, the following order was made :

"Ordered, tliat Isaac Cox, Oliver Miller and Benjamin Keykendal,
Gent., or any two of them, he appointed to contract with a proper person
or pei-sous to build a sufBcient Stone Chimney in the Court house and
Goal, 10 be carried up in the middle of the building, with three fire
places, one in each room of the Goal, and one in the part where the Court
is held ; and to have the Court Room chunked and plastered ; also a Good
loft of Clapboards, with a window in each Glebo (gable), and four pains
of Glass of ten-Inches by eight, and the Goal rooms to be plastered."

The next regular term was held Dec. 22, 1777, when
Maybury Evans was sworn as lieutenant of the militia
of the county (county lieutenant), John Crow as cap-
tain, and Patrick Lafferty as ensign. Earmarks were
allowed and ordered to be recorded for John Crow,
Jacob Shillings, Richard Yeates, Oliver Jliller, May-
bury Evans, Richard Evans, William Anderson, and
Michael Taggert.

"On the Petition of Andrew Heath &c. Ordered, that-Robert Hender-
son, Zadock Wright, John Robertson, John Crow, Thomas Applegate and
Andrew Dye, view a road the nearest and best way from Pittsburgh to
Andrew Heaths ferry on the Monongahela River, and from thence to
Beckets Fort.

"Upon the Motion of Andrew Heath, ordered that he have leave to
keep a ferry at his house across the Monongahela River.

"Ordered, that the Sheriff collect from every Tythable person within
this County, the sum of three Shillings as County Levies, and that he
account with the Treasurer of the Commonwealth for the same.

" Ordered, that the Sheriff pay out of the County Collection to Richard



■ t Beside the foregoing, orders were subsequently made for the relief
of the families of other Revolutionary soldiers from Yohogania, some of
them as follows: Richard James, Knox, Thomas Douthard, Abra-
ham Ritchie, William Richie, Robert Crawford, Stewart, William

Lindsey, Ezekie] Lindsey, Thomas Dunn, Peter McCorkey, John Depugh,
Jeremiah McCarty, William Nan, James Behan, Richard Wade, David
Smith, Richard Jones, George Frederick Kiper, John Evans, James
Shirley, Charles Churchill, Matthew Burns. John Overlin, Providence
Blackstone, William Shaw, Daniel McKay, Greenberry Shous, Matthew
Hiudman, Jonathan Davis, Nicholas Hagerty, Thomas Green.



Yeates, the sum of six pounds for laying two flooi« in a Goal formerly
built for this district.2

"The Ordinary keepers within this County are allowed to sell at the
following rates :

One- half pint whiskey Is.

The same made into Tody Is. 6d.

A larger or lesser quantity in the same proportiou.

Beer per Quart Is.

For a hot breakfast Is. M.

For a cold breakfast Is.

For a dinner 2s.

Lodging with Clean Sheets pr. Night 6d.

Stablidge for one horse for 24 hours with good hay

or fodder 2s.

Pasturage for one horse for 24 hours Is.

Oats or Corn per Quart 6<^.

Supper Is. 6d.

" Ordered, that the above rates commence the fifteenth day of January
next, and not before.

"Ordered, that this court be adjourned to-morrow morning at 7
o'clock.

""William Goe."



On the 24th of December, 1777, the following orders
were made:

"Ordered, that the recommendation for Militia Officers of the 5th &
6th November last, by the justices of this County, be confirmed as the
Opinion of this Court, and they do hereby confirm the proceedings of
the said Justices respecting the same, as the distressed situation of this
County demanded the particular attention of the said Justices at that
time.

"Ordered, that Gabriel Cox be recommended to his Excellency the
Governor as a proper person to serve as Majorof this County, in the stead
of Henry Taylor who has resigned his Con



" Upon the Motion of William Harrison, Gent., Ordered that the Clerk
issues a summons to call John Stephenson, Thomas Gist, Joseph Beeler
and Edmund Rice before the Court, to testify and the truth say, what
they know respecting the marriage of Catherine Harrison with Isaac
Mason, on the part of the said Catherine. "^

No term of court seems now to have been held until
March 23, 1778, probably on account of the insuffi-
ciency of the building used to protect the
court and suitors from the inclemency of the 1778.
weather. Even at that date, only the justices
residing within convenient distance (Isaac Cox, Joshua
Wright, Thomas Freeman, and Benjamin Frye) were
present when court opened, although Oliver Miller,
William Crawford, and John Stephenson afterward
appeared.

There was quite an amount of ordinary business
(granting letters testamentary and of administration,
orders in civil causes) transacted, and Thomas Prather,
Levingston Thomas, and Nicholas Christ were sworn
as lieutenants of the militia, Luke Decker and John
Johnston as ensigns.

On the next day, March 24th, twelve justices occu-
pied the bench, — John Campbell, Isaac Cox, Rich-
ard Yeates, Joshua Wright, William Crawford,
Oliver Miller, Zachariah Connell, John De Camp,
Benjamin Frye, Thomas Freeman, George Vallan-
digliam, and William Goe.



- Doubtless this " Goal formerly built for this district" was the Jail on
the Wm. Gabby farm, west of Washington, and about a mile from that
place.

» See the record of this matter made April 28, ms,poat., p. 217.



CIVIL AND LEGAL— THE COURT OF YOHOGANIA COUNTY.



217



" Jiimes McGoldrick, being charged with pulling down and demolieh-
^ iug a Bloclt-hoiiBS erected by Orders of General Hand for the preserva-
tion of the Inliabitanteof Pittsburgh, and thesaid James being brought
into Court confesses the charge. Ordered that tlie said James be held
in One hundred pounds, witli two securities of fifty pounds each for the
appearance of the said James before the next Grand Jury Court, other-
wise to remain in Custody of the Sheriff.

" View of a road from the Court-house to Pittsburgh, returued by
Zadock Wright and Robert Henderson, viewers; passing by Zadock
Wright's fields on Peters Creek, tlience along the dividing Ridge pass-
ing Widow Lapsley's, ttience along the Old Road to Stewart's, theuce
along the old road to Jacob Bousman's. Ordered to be Confirmed.

"Ordered, that Zadock Wright be appointed Overseer of the Road
from the Conrt-House to Martha Lapsley's; Robert Ilenderiion, Over-
seer of the Road from Martha Lapsley's to Jacob Judy's ; and Sebastian
Frederick, Overseer of the Road from Jacob Bousman's ; and that the
Tythahie Inhabitants within three miles on each side of said Road work
on and keep it in repair, together with the Inhabitants of the town of
Pittsburgh.

" John Whitaker, a Minister of the Gospel, came into Court and took
the Oath of Allegiance and fidelity as directed by an act of General As-
sembly, entitled an Act to Oblige the free male Inhabitants of tliis
State, above a certain Age, to give Assurance of Allegiance to the same
and for other purposes."

On March 25, 1778, the record shows a large busi-
ness in the militia line. John Stevens and Isaac
Cox were recommended as proper persons to serve as
colonels of militia. Joseph Beelor, the old West-
moreland County commissioner doubtless, and George
Vallandigham, of the first board of Washington
County commissioners, were recommended as majors.

" William Christy came into Court, being summoned as Garnishee in
behalf of John Campbell and Joseph Simon against George Croghan ;
being sworn, saith that he hath two pair of Geers, one old ox, one old
spade, one pitch fork, one small box of iron and an old Lanthorn, and
no more, of the Estate of said George in his hands."

Then John Stephenson and Isaac Cox produced
their commissions from the Governor and were sworn
as colonels of the militia; Gabriel Cox, as a major;
George Vallandigham, as a lieutenaut-colonel ; Charles
Keed, as lieutenant; David Lefergee, as ensign; Ed-
mund Baxter, as captain.

" Upon the Petition of Samuel Cook, setting forth that he is desirous
of building a Water Mill on Brushy Run, a Branch of Chirtees Creek,'
and praying for an Order for the Condemnation of one acre of Land on



Online LibraryBoyd CrumrineHistory of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men → online text (page 57 of 255)