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Therefore, Ordered, that she pay a fine of five shillings, lawful money, to the Treasury of the Town of Westmoreland, and cost.

JOHN FRANKLIN, Justice of the Peace."

The other being also a trial not by the County Court and jury, but before a single Justice. We copy from the Justice's Docket.

"Samuel Ayres vs. John Wolcott.

At a Justice's Court, holden at Westmoreland, Dec. 26th, 1782, Present, John Franklin, Justice of the Peace, wherein John Wolcott, a transient person is brought before the said Court, by virtue of an advertisement put forth by Samuel Ayres, of said Westmoreland, wherein the said John Wolcott is accused of feloniously taking a buckskin from the said Samuel Ayres, about the 30th of November last, of the value of nineteen shillings, lawful money.

The delinquent pleads not guilty. The Court, on examining the delinquent, and hearing the evidence, and after taking the case into consideration, are of the opinion that the said John Wolcott is guilty of feloniously taking a buckskin from the said Samuel Ayres, of the value of nineteen shillings, lawful money.

Therefore Ordered, that the said Wolcott forfeit and pay to the said Samuel Ayres, the sum of nineteen shillings, lawful money, with the treble damages, as the law directs, together with costs. And also pay a fine to the Treasury of the Town of Westmoreland, of the sum of fifteen shillings, lawful money, or receive ten stripes upon the naked body.

Bill of Costs, taxed at £10.

Costs: viz. Reward of Advertisement,

Lieut. Ransom, pursuit to Juniata, and bringing back

the delinquent,

Expenses, and a horse for the journey,

Hiring a man to assist,

Plaintiff look after delinquent,

Plaintiff, two days attendance,

Officers' Fees,

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Whereas the above named John Wolcott, is unable to make restitution, or to pay the threefold damages and costs, it being the sum of £12 17s. in the whole: Therefore, Ordered, by said Court, that the said John Wolcott be assigned in service to the said Samuel Ayres, for the sum of two full years from this date, to be disposed of in service to any of the subjects of the United States. December 31, JOHN FRANKLIN, Justice of the Peace."

1782.

The whole proceedings bear the impress of extreme severity, at variance with the generally mild and equitable dispensation of the law. Sixty years, to be sure, have wrought a great alteration in our notions of justice, and public sentiment could now but ill endure what then was regarded as entirely proper. The pursuit of Wolcott to Juniata, an hundred miles, for so small an affair as a deerskin, worth perhaps a dollar, appears not a little singular. If nothing existed more than appears on the Record, we might be led to suppose that the spirit of the far-famed Connecticut Blue Laws was not yet entirely extinct. This was the last but two decisions before the jurisdiction of Wyoming was severed from Connecticut. At Trenton, the court had been in session two months. Their decision was anticipated, and indeed was rendered about the time of the trial of Wolcott. Whether he was regarded as an emissary of the Pennsylvania landholders, and the binding him out for two years was deemed the surest way to get rid of him, knowing, of course, he would run away, we cannot aver, but deem it probable, as the most charitable conclusion. We return back to our narrative, 1781.

On Friday the 7th of September, a band of Indians made an attack on the Hanover setttlement, and took off Arnold Franklin, and Rosewell Franklin, Jr., the sons of Lieut. Franklin, who had shot an Indian the preceding June. Several horses were stolen, and much grain, in stack, consumed by fire. Capt. Michael, with a detachment of men, went in pursuit; but the enemy eluded his vigilance. Perhaps the narrative of Lieut. Rosewell Franklin may be most properly concluded here, although events that subsequently occurred be anticipated.

A more distressing tragedy scarcely crimsons the page of history. In April following, Sunday the 7th, 1782, the Indians, still burning with rage, and intent on vengeance, rushed into Lieut. Franklin's house, and took off his wife and their four remaining children, one an infant, set fire to the building, which, with the furniture not plundered, was consumed to ashes. Parties went immediately in pur

suit. Serjeant Thomas Baldwin, (Joseph Elliott second in command,) led seven determined men, with great celerity, taking an unfrequented course to head the Savages. Arrived at Wyalusing, near sixty miles, they were satisfied, by examining the fording place, that the Indians had not crossed the stream. Pushing on till they came to the mountain, nearly opposite Asylum, a slight breast-work was thrown up, and arrangements made to receive the enemy. Every precaution had been taken to conceal the defence by setting up bushes in front; but the wary chief, on approaching, discovered the snare, changed the route of his party, leaving the path, and attempted to asccend the hill, and pass our men, fifty or sixty rods more easterly. The attack was instantly commenced, a mutual fire was opened, and continued for some time with spirit, and yet with caution; the Indians being desirous to get off with their prisoners and plunder; the pursuing party being afraid of hurting Mrs. Franklin and the children. In the midst of the firing, the two little girls and the boy sprung from their captors, and found refuge with their friends! Instantly the Savages shot Mrs. Franklin and retreated; the chief, either to preserve the infant prisoner as a trophy, or to save himself from being a mark for the American rifles, raised the babe on his shoulder, and thus bearing her aloft, fled. Having recovered three of the children, and seeing the bleeding remains of the mother, the Yankees suspended pursuit. Mrs. Franklin was buried decently as circumstances permitted, and the children brought safely to Wyoming, where they arrived on the 16th. Two of the men, Serjeant Baldwin and Oliver Bennet, were wounded, the former severely, by the enemy's fire. The vigorous pursuit and spirited action were worthy of emphatic commendation.

It would almost seem as if a fell spirit pursued the fortunes of Lieut. Franklin. He was a worthy man, of decided courage; in the battle, as ensign in Capt. McKarrican's company, having behaved with spirit. Enterprising and industrious, yet nothing prospered under his hand. When the troubles with Pennsylvania, after the war, were renewed at Wyoming, he sought repose from the long conflicts he had been engaged in, by removing with his family into the Genesee country, where he settled without title; the lands there being in controversy between Massachusetts and New York. After two years of arduous labour, winter approached and found his cellar stored and his granaries full, the product of a fruitful soil, and unremitted industry. A ray of gladness broke in on his dwelling, and "Hope and Pleasure smiled." Gov. Clinton had bided his time,

and seizing the moment when his measures could not fail to be effective, veiling all the feelings of humanity, suppressing all the kindlier sympathies of our nature, under the pretence or plea of public policy, he sent a band of men, early in winter, into the Genesee country, to destroy the settlements making there. Every habitation was burnt, the improvements laid waste, and all the grain consumed by fire. Lieut. Franklin looked around him a moment on this new scene of desolation and woe, in utter despair; seized his rifle and put an end to his existence.

We must be allowed to relieve the gloom thrown around our pages, by the melancholy fate of the unfortunate Franklin,

"And cause the sable cloud

Turn forth her silver lining on the night."

The winter was cheered by several marriages of persons eminent in the Valley. Lieut. Lawrence Myers was married to Miss Sarah Gore, January 3rd, 1782. She, of the patriotic family that sent five brothers and two brothers-in-law into the battle. That she was very handsome cannot be doubted, for in 1837, then eighty years of age, the round face, regular features, and pleasing expression told of remarkable youthful beauty. [Lieut. Myers was of a German family from Frederick town, Maryland. Robust in early manhood, he became corpulent with advancing age, and presented a singular contrast with the spare forms of the Yankees, worn down by exertion and care.* But he was ever a favorite. His large round face seemed radiant with benevolence and cheerfulness. Besides several offices in the militia, he was for thirty years a magistrate, and in 1800, Commissioner of the county. The plan of the Court House, a cross, was introduced by him, taken from that at Fredericktown ; which doubtless owed its origin to the Roman Catholic settlers of Maryland, under their liberal and tolerant founder, though that it was an emblem of Catholicism, or had any Christian allusion, was probably unknown to Mr. Myers, or those in Luzerne who approved thereof. The delight of his life was to talk of Frederick, and any thing that existed or came from there was an object of his special regard. Owning one of the noblest plantations on the Kingston flats, adjoining the Plymouth line, though he did not personally labour, he caused it to be highly cultivated, the produce of which

I might almost say, if the Yankees would forgive me, he appeared a picture of plenty surrounded by famine.

yielded a liberal support. The ancient people are still pleased to tell of his almost daily crossing the river to Wilkesbarre, accompa nied by the little shaggy water dog, spotted black and white, his unfailing attendant, running by his master's side, or sitting by his feet. If perchance the ferry-boat put off from shore without him, the dog would seem to measure the distance with mathematical precision, run up the river so far that the stream should not take him below the landing place, plunge in and swim over. In winter, the large and elegant cloth cloak, in those early days an article of dress too fine and costly not to be rare, gave to his noble person an imposing appearance. He died of dropsy, aged about fifty years, leaving, as he had no children, his fine estate to Mrs. Myers and his two brothers. In times of high excitement, from Washington's administration onward to the time of his decease, "Esquire Myers," which was the usual designation, was a zealous Federalist, but too liberal and kind to cherish a particle of ill will against his opponents. The fact is the rather noted, because it is believed he was the only one of the name who did not entertain different sentiments, and because his name and character for several years gave that party great influence, aiding to preserve it in the ascendancy. But this is a digression.]

Sunday, the 17th of February, 1782, Hugh Forseman, Esq., and Judith Slocum were called off; and on the succeeding Sunday, viz. the 24th, were married. Miss Slocum was the sister of the lost Frances, and daughter of Mr. Jonathan Slocum, who, with Mr. Tripp, was so audaciously murdered by the Indians in sight of the fort, three years previously. [Mr. Forseman we have seen as Justice of the Peace, and sitting as one of the Justices of Quorum in the County Court. A man of business and probity, few shared more highly the general confidence. As Clerk of the Town, his writing is singularly neat and accurate. To his care we are indebted that the old Westmoreland Records were preserved. Mr. Forseman was from Ireland, where a lease of considerable value depended on his life. The lessee being accustomed annually to send him a piece of fine linen, his receipt therefore being the proof that he was still alive.] As shadows and sunshine chase each other over the plain, so do the events of our narrative alternate.

On Sunday, the 10th of March, the good deacon John Hurlbut departed this life; a life full of respect and usefulness. The confidence reposed in him, is attested by his having been, when, from the distressed state of the country, the sagest men for wisdom, and

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