An Imbroglio at Belden Point Embroiled Local Justices of the Peace in a Judicial Battle of the Wills in 1892

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During the early 1890s, William Belden of City Island in the Town of Pelham oversaw a summer resort and amusement park on his Belden Point property located at the southern tip of City Island. I have written about William Belden and his Pelham amusement park before.  See, e.g.:

Fri., Sep. 09, 2016:  An Illuminating Excursion to Belden Point in Pelham in 1892.

Mon., Sep. 12, 2016:  More on Pelham's Summer Resort and Amusement Park Known as Belden Point.

William Belden was a financier and real estate developer who clearly was a rather shady character.  Belden may be best known as one of three principal financiers (the others being Jay Gould and Jim Fisk) involved in a scheme in the late 1860s to inflate the price of gold.  When the scheme (and the price of gold) collapsed, the stock market panic of September 24, 1869 followed, wiping out the fortunes of many and leading to an ugly Congressional investigation. Belden was in and out of court for the next two decades and found himself involved in a host of financial and personal difficulties. 

In 1885 Belden scraped together the funds necessary and purchased "The Mansion" on the southern tip of City Island.  See Fri., Jul. 10, 2015:  The Mansion Built by Stephen Decatur Horton and His Wife on Belden Point, City Island, Town of Pelham.  "The Mansion" had been built in the mid-1870s by Stephen Decatur Horton and his wife, Caroline Lucilia (Skidmore) Horton. 

By the late 1880s, Belden's many misdeeds caught up with him. He was forced into bankruptcy. As he struggled to regain his financial footing, he converted The Mansion and its surrounding property into a "summer resort."  As period advertisements indicate, the main home (i.e., The Mansion) became a French restaurant.  Given the spectacular location of Belden Point, Belden soon was able to expand his restaurant and resort in significant ways. He built a six-lane bowling alley. He built a billiard table hall with a host of tables. He expanded into family entertainment with the construction of "Eugene Block's merry-go-round," Dr. Hanway's "exhilarating toboggan slide" (which was a fascinating early version of a roller coaster), and much more.

Early in the spring of 1892, William Belden struck a concessions deal with a young man named Daniel J. Whyman.  The terms of the deal, it seems, were somewhat vague.  According to news reports at the time, Whyman agreed to pay Belden $1,000 for the privilege of selling concessions including popcorn, confections, and soda water during the 1892 season.  Whyman made an initial payment to Belden of $300 and agreed to pay the remainder from proceeds of concession sales.  It seems that the schedule for paying the remaining $700 to Belden was left somewhat vague.

Whyman created and placed signs within the amusement park.  He built concession stands from which to sell popcorn, candy, and soda water.  He hired a number of "saleswomen" who worked in the stands.

The 1892 summer season reportedly began slowly at the Belden Point amusement park.  This likely was due to the increasing popularity of the much larger (and more amusement-rich) Starin's Glen Island amusement park located only a mile or so away just off the shores of New Rochelle.  Nevertheless, business was not as brisk as desired that summer.

For whatever reason, William Belden expected a $100 installment payment on the amount Whyman owed him by July 1, 1892.  Whyman not only did not make the payment, but also told Belden he did not have money for such a payment because business had been so slow.

On Sunday, July 10, Belden appeared at the concession stands to demand a $100 payment.  When Whyman failed to produce the money, "Belden commenced an attack on his stand and wares."  Belden tore down Whyman's signs and attacked his concession stands.  When Whyman confronted him, Belden approached a Town of Pelham Constable, William Munson, who had been detailed to patrol at the amusement park.  Belden demanded that Whyman be removed from the park.  The Constable obliged.  Indeed, according to one account:  "Poor Weyman, pop corn and all, was landed sound and dry on the outside of the roadway, frenzied with pain and grief over the loss of his wares."

Daniel Whyman promptly appeared before local City Island Justice of the Peace John P. Hawkins who was known as a "Friend of the Working Man."  Whyman pressed charges against Constable Munson and the Justice issued a warrant for Munson's arrest.  When William Belden learned of the move, he appeared before Justice Hawkins to press charges against Daniel Whyman and demanded that Justice Hawkins also issue a warrant for Whyman's arrest.  Justice Hawkins refused, infuriating Belden.

The trial of Constable William Munson was held the evening of Monday, July 11 at the local courthouse.  The proceedings were described as follows:

"Mr. Munson was defended by Counselor Dudley Horton, while Mr. Weyman [sic] was under the judge's protection.  The judge listened patiently to the eminent counselor on behalf of his client, but somehow he could not explain satisfactorily why Mr. Belden caused this young man to be dispossessed from his possessions without legal notice.  We must say that Judge Hawkins' action and the stand he took to uphold the rights of this poor man will always remain fresh in the minds of our law-abiding citizens.  Decision reserved."

Had the matter ended there, the dispute likely would have had little impact on Pelhamites.  Soon, however, the dispute evolved into a full-scale battle between local Justices of the Peace.  

William Belden dispatched Constable William Munson to New Rochelle where Munson approached New Rochelle Justice of the Peace DeVeau.  Munson pressed charges against Whyman and had Justice DeVeau issue a warrant for Whyman's arrest.  Justice DeVeau tapped New Rochelle Constable J. B. Prout to serve the warrant, arrest Whyman, and bring Whyman to New Rochelle to appear before DeVeau.

Prout found Whyman, served the warrant, and arrested the popcorn man.  As the pair departed for New Rochelle, Whyman slyly convinced the New Rochelle Constable to stop at the home of City Island Justice of the Peace John P. Hawkins to let him know that Whyman had been arrested.  When the captor and his captive arrived and explained the situation, Justice Hawkins demanded to see the arrest warrant, then refused to return it to the New Rochelle Constable.  He then directed the Constable to go find Constable William Munson and summon him to Justice Hawkins's home.  As soon as the New Rochelle Constable departed, Justice Hawkins released the prisoner.

When New Rochelle Justice of the Peace DeVeau learned what had happened, he was furious.  He had New Rochelle Constable J. B. Prout swear out charges against Pelham Justice of the Peace Hawkins, charging him with interference with the duty of an executive officer.  Justice DeVeau then issued a warrant for Hawkins's arrest.

Justice Hawkins was arrested and brought before a different New Rochelle Justice of the Peace, Justice Shannon.  Justice Shannon released the Pelham Justice on his own recognizance to appear for trial.  Meanwhile "another warrant for Whyman's arrest was placed in the hands of the constable."

Trial of Justice Hawkins was held at 7:30 p.m. on Monday, July 18, 1892.  The New Rochelle Courtroom was packed.  A local newspaper detailed what happened next:

"John J. Crennan appeared for the prosecution and Mr. Heath, of Pelham Manor, acted for the defendant.  

After preliminary motions by defendant's counsel to dismiss, which were denied, the examination began.  James H. Prout, a constable and special deputy sheriff, was first called.  He narrated the facts as to the securing of the warrant, the arrest of the prisoner, one D. J. Whyman, and the conversation at the house of Justice Hawkins', when the Justice took the warrant and said, 'I'll keep this,' and took possession of the prisoner.  He stated that Hawkins had said, I'll take care of you and Belden Point, too.'  The justice who issued the warrant, Mr. DeVeau, was next sworn, and he swore to the issuing of same, and giving it to Prout, and that it had not been returned to him nor had the prisoner been brought before him.

The People then rested their case and Daniel J. Whyman was sworn for the defense.  Whyman is the man who was under arrest, and it was the warrant for his arrest that Mr. Hawkins is charged with having taken.  During the examination of this witness there were several altercations between the opposite counsel, which gave Clerk Sexton some hard work.  Whyman's testimony was somewhat similar to Prout's in the main points.

John P. Hawkins, the defendant, was next put on the stand in his own behalf.  He stated among other things:  'I was given to understand that Prout had a warrant for Whyman's arrest.  I asked to see it.  I said, 'Prout, go and get Mr. Munson, and I'll hold Mr. Whyman here.'  Prout went, and did not come back for hours.'  He stated that he still held the warrant and that he knew he had not issued it.  He further testified that he had not offered to return the warrant, nor to deliver the prisoner.  He said in the course of cross-examination:  'I knew the warrant commanded Whyman to be brought before Justice DeVeau, or in case of his absence, before the nearest and most accessible magistrate in the county,' but he supposed Justice DeVeau was sick or unable to act.  Mrs. Hawkins was not sworn as having seen and heard what had taken place and the examination then closed.

After summing up by both counsel the Justice reserved decision until Tuesday morning, and on that day the defendant was held in $300 bail to await the action of the Grand Jury.  The bail was furnished and the defendant released."

After weeks of continuous news coverage of the dispute, suddenly all went silent.  No record has yet been found of the resolution of the dispute.  In addition to electronic search, review of several weeks' worth of newspapers reveals nothing further about the arrests or any final decisions by the Justices.  The matter seems to have quietly disappeared. . . . . . 

A Sketch of Belden Point in 1892.  Source:  BREATHED NEW LIFE,

The Evening World [NY, NY], Jul. 23, 1892, Evening Edition Extra, p. 1,

cols. 1-3 (Note:  Paid subscription required to access via this link).

NOTE: Click on Image to Enlarge.

The Mansion at Belden Point in an Undated Photograph.

NOTE:  Click on Image to Enlarge.

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"City Island.
-----

Bass and weak fish are caught in large numbers.

Mr. Wm. Percy who was injured by being thrown from his horse is getting along nicely.

William Price has resigned from the police force appointed by our town board to act at Belden Point.  

Mr. Carl Wiegand, of Harlem, who was injured on the roadway by being thrown out of his wagon is entirely recovered.

Have you ever visited the Homestead on the south end of the Island and enjoyed the famous clam bake.  If not, why not do so?

We wish that City Island was possessed of a few more citizens like Justice of Peace John A. Hawkins, who is fearless and bold in the discharge of his duties.  Mr. Hawkins is a pride to our town and a terror to law breakers.

On Wednesday, July 20th, The Jolly Four Association, composed of young men of the annexed district, will enjoy a Rhode Island clam bake at the East Shore pavillion.

Mr. Mitchell Miller, formerly of the Manhanset House, at Shelter Island, is sojourning on the Island.  It is Mr. Miller's intention if he can acquire the desired property to build a first-class hotel here.

Edward Gallagher, better known as 'Swipes,' the newspaper boy, is the hero of the hour.  He is the recipient of a beautiful gold medal from the Humane Society of New York, as a reward for his bravery for rescuing several persons from drowning at Belden's Point on Saturday, July 1st.

We have a host of old relic hunters who watch our workmen take apart the spans on City Island bridge.  They are after the Tie-keys which were used to fasten the heavy oak timbers together by the old receiving ship North Carolina, condemned some thirty years ago.  The North Carolina was used by our government one hundred years ago as a School Ship.

Cornelius Douglass, keeper of Stepping Stone Light House, picked up the body of Frederick Bauer, age 22 years, of 114th street and Second avenue, on Sunday afternoon last.  The body was floating in the mid channel of the Sound between the Light House and City Island and he took it into the foot of Pilot Street.  The clothing consisted of light outing shirt, dark pantaloons and button gaiters.  Coroner Drews viewed the body and gave permission to his friends to remove the same to his late residence.  Inquest pending.  He was the young man whom the reward of $100 was offered for his recovery and was drowned on Sunday, July 2d, from a small yacht off Throggs Neck.

At a meeting of our Excise Board held on Monday, July 11th, at the City Court House, loud protests were made by the school trustees against granting license to George Meyers of Pelhamville, who is within 200 feet of the the public school.  Mr. Meyers is a new comer, and went to considerable expense in fixing up his place as a first class hotel, and to his sorrow he finds he cannot secure the necessary license.  We would advise Mr. Meyers to start a first-class grocery store, something that is needed in Pelhamville.

Belden Point was a scene of great trouble on Sunday afternoon, July 10th, which almost equalled, on a small scale, the riot now going on at Homestead, Penn.  It was a genuine case of Capital against Labor.  It appears that Mr. Weyman had secured the privilege early in the spring to erect stands for the sale of pop corn, soda water, confectionery, etc., for the consideration of $1,000, of which he paid down the sum of $300, with the understanding that he would pay the balance at his own convenience.  Business has not been what it ought to have been at Belden Point this season, and it kind of worked on Mr. B.'s financial nerve.  Last Sunday morning the day broke bright and fair with every prospect of a good day's business, and crowds were coming, when Mr. Belden, of the South End, stepped up to this poor pop corn man and demanded forthwith the sum of $100, which he claimed was due him since the 1st instant.  Mr. Weyman, of course, could not meet his demand.  Then Mr. Belden commenced an attack on his stand and wares.  He tore down his signs and ordered the pop corn man and his lady saleswomen off the grounds at once; but Pop Corn would not move an inch, demanded his rights, and gave, as Mr. Belden says, impudence to him.  Belden immediately summoned one of his Hawkshaws [i.e., private detectives] to remove Mr. Weyman, which he did in no gentle manner.  Poor Weyman, pop corn and all, was landed sound and dry on the outside of the roadway, frenzied with pain and grief over the loss of his wares.  Mr. Weyman sought out Justice John P. Hawkins (the friend of the workingman) and explained his case.  Justice Hawkins issued a warrant for the arrest of Belden's Hawkshaw, William Munson, and placed him under bonds to appear later on for trial.  The trial took place on Monday evening at the Court House.  Mr. Munson was defended by Counselor Dudley Horton, while Mr. Weyman was under the judge's protection.  The judge listened patiently to the eminent counselor on behalf of his client, but somehow he could not explain satisfactorily why Mr. Belden caused this young man to be dispossessed from his possessions without legal notice.  We must say that Judge Hawkins' action and the stand he took to uphold the rights of this poor man will always remain fresh in the minds of our law-abiding citizens.  Decision reserved."

Source:  City Island, The Daily Argus [Mount Vernon, NY], Jul. 14, 1892, Vol. 1, No. 89, p. 3, col. 2.  

"Notes from Westchester County. . . .

Constable Munson was appointed by the Town Board of Pelham as a special officer to do duty at Belden Point, City Island.  Monday night Mr. Weyant, who had charge of one of the departments at the Point, became, Mr. Belden alleges, 'abusive and disorderly,' and he ordered the man from the place.  Weyant refused to go.  Munson ejected Weyant, and the latter went to Justice Hawkins and alleged that the 'officer used violence' and got a warrant for Munson's arrest.  Mr. Belden went to Justice Hawkins and asked for a warrant for Weyant, charging him with 'disorderly conduct,' but the justice refused to give a warrant.  Munson was tried on Tuesday night, and Justice Hawkins reserved his decision in the matter.  Munson yesterday went to New Rochelle and procured a warrant for the arrest of Weyant.  Weyant asked Officer Pell to take him to Justice Hawkins, as he wanted the latter to go bail for him.  He did so.  Justice Hawkins demanded bail, which was furnished, and the Justice, after a few words of caution, discharged the prisoner.  For this act Justice Shannon of New Rochelle gave Munson a warrant for Justice Hawkins's arrest.  He was taken to New Rochelle this morning and paroled until to-morrow night for trial."

Source:  Notes from Westchester County, The Evening Post [NY, NY], Jul. 14, 1892, p. 6, cols. 1-2.

"POLICE COURT NEWS.
-----

Some time ago a child of E. J. Hynes, while playing on the sidewalk near Mrs. Luikert's store, threw a ball which accidentally struck one of the large panes of glass. Mrs. Luikert claims that Mr. Hynes is responsible for her damage, and has brought suit for damages against him.  Mr. Hynes denies liability as he claims the accident was not caused through any negligence on his part.  The case will be tried this morning at 10 o'clock, before Justice Shannon and a jury.

They are having quite a lively time on City Island at present.  On Sunday last Daniel W. Whyman, who runs a small stand on Belden Point, became abusive and engaged in a quarrel with Special Constable Wm. Munson at Belden Point, and at Mr. Belden's order, Whyman was put off the place.  Constable Munson came to New Rochelle and procured a warrant for his arrest for disorderly conduct.  The warrant was issued by Justice DeVeau and Constable J. B. Prout was sent to City Island to get Whyman.  He took Whyman into custody and started for New Rochelle.  Whyman asked permission to see Justice Hawkins, of City Island, before coming up, and he was taken to Justice Hawkins's house on City Island.  Hawkins asked to look at the warrant, and upon its being shown to him he said, 'I'll keep this,' and refused to give it back to the constable.  Mr. Prout then came to New Rochelle and swore out a warrant for the arrest of Justice Hawkins for interfering with an executive officer in the discharge of his duty.  Justice Hawkins was arrested and brought before Justice Shannon at New Rochelle, who allowed him to go on his own recognizance to appear for trial.  Meanwhile another warrant for Whyman's arrest was placed in the hands of the constable."

Source:  POLICE COURT NEWS, New Rochelle Pioneer, Jul. 16, 1892, Vol. XXXIII, No. 15, p. 3, col. 5.  

"POLICE COURT NEWS.
-----

On Monday night last Justice Shannon's Court was packed with people when the case of the People against John P. Hawkins was called for examination.  In our last issue we described the circumstances and the offense with which Justice Hawkins was charged -- that of rescuing a prisoner in the custody of an officer.  Mr. Hawkins is one of the Justices of the Peace in the town of Pelham, and for this reason a very great interest has been shown in the result of this proceeding, not only in City Island, but in New Rochelle, Mt. Vernon and Westchester as well.  The case had been adjourned until Monday evening last at 7.30 o'clock, and at that hour all parties were ready for the examination.  John J. Crennan appeared for the prosecution and Mr. Heath, of Pelham Manor, acted for the defendant.  

After preliminary motions by defendant's counsel to dismiss, which were denied, the examination began.  James H. Prout, a constable and special deputy sheriff, was first called.  He narrated the facts as to the securing of the warrant, the arrest of the prisoner, one D. J. Whyman, and the conversation at the house of Justice Hawkins', when the Justice took the warrant and said, 'I'll keep this,' and took possession of the prisoner.  He stated that Hawkins had said, I'll take care of you and Belden Point, too.'  The justice who issued the warrant, Mr. DeVeau, was next sworn, and he swore to the issuing of same, and giving it to Prout, and that it had not been returned to him nor had the prisoner been brought before him.

The People then rested their case and Daniel J. Whyman was sworn for the defense.  Whyman is the man who was under arrest, and it was the warrant for his arrest that Mr. Hawkins is charged with having taken.  During the examination of this witness there were several altercations between the opposite counsel, which gave Clerk Sexton some hard work.  Whyman's testimony was somewhat similar to Prout's in the main points.

John P. Hawkins, the defendant, was next put on the stand in his own behalf.  He stated among other things:  'I was given to understand that Prout had a warrant for Whyman's arrest.  I asked to see it.  I said, 'Prout, go and get Mr. Munson, and I'll hold Mr. Whyman here.'  Prout went, and did not come back for hours.'  He stated that he still held the warrant and that he knew he had not issued it.  He further testified that he had not offered to return the warrant, nor to deliver the prisoner.  He said in the course of cross-examination:  'I knew the warrant commanded Whyman to be brought before Justice DeVeau, or in case of his absence, before the nearest and most accessible magistrate in the county,' but he supposed Justice DeVeau was sick or unable to act.  Mrs. Hawkins was not sworn as having seen and heard what had taken place and the examination then closed.

After summing up by both counsel the Justice reserved decision until Tuesday morning, and on that day the defendant was held in $300 bail to await the action of the Grand Jury.  The bail was furnished and the defendant released."

Source:  POLICE COURT NEWS, New Rochelle Pioneer, Jul. 23, 1892, Vol. XXXIII, No. 16,  p. 3, col. 5.

"POLICE NEWS.
-----

They are having more trouble on City Island.  On Tuesday last Officer Prout and Mr. Belden came before Justice Shannon with two prisoners from City Island and Mr. Belden made a charge against them accusing them of having engaged in and been the leaders of an attempt to cause a riot on City Island, near Mr. Belden's place.  The prisoners were James Wren and Edward Daniels who were employed there.  They were locked up to await a hearing but in the meantime Mr. Belden declined to press the charge, and both prisoners were released and left town."

Source:  POLICE NEWS, New Rochelle Pioneer, Aug. 6, 1892, Vol. XXXIII, No. 18, p. 3, col. 3.

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Evidence of Friction Between Pelham and New York City in 1885 Over Riotous Hart Island "Paupers"

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From the time New York City first leased Hart Island from John Hunter, Jr. during the Civil War, and thereafter purchased it outright in 1868, and through the next several decades, the Island and its inhabitants were a constant source of friction between the Town of Pelham and New York City.  Though the island was within the Town of Pelham, it was owned by New York City.  

The examples of such friction are legion.  Confederate prisoners of war held on the island during the Civil War escaped and made their way through Pelham.  There were allegations that temporary residents of Hart Island voted fraudulently in Town of Pelham elections.  Long after the war, non-military prisoners held on the island escaped on foot and fled onto City Island and the mainland when the local waters froze over during brutal winter months.  Pelham residents were horrified when New York City quarantined yellow fever patients on the island in 1870, among many other such frictions.  Many other such incidents strained the relations between Pelham and New York City when it came to Hart Island.

By 1885 Pelham essentially had had enough of New York City's stewardship of Hart Island.  By then, a major portion of the island was used as New York City's "potter's field" cemetery for paupers.  Paupers, prisoners, and others resided on the island and were used as workers to bury the dead on the island.  

Because Hart Island was still part of the Town of Pelham, when such residents of the island misbehaved -- which was fairly frequently -- Pelham authorities, including the Town Constable based on City Island, were called to handle the situations, arrest those who broke the law, and haul them into Town Court in the Town of Pelham, all at the expense of the Town of Pelham with no reimbursement of expenses by New York City.

1884 Nautical Chart Depicting Hart Island and City Island at

About the Time Friction Between the Town of Pelham and New

York City Came to a Head in 1885.  Source:  "CITY ISLAND

HARBOR LONG ISLAND SOUND NEW YORK Scale 1/15000

1884," NOAA's Office of Coast Survey Historical Map & Chart

Collection (Available via Wikipedia).  NOTE:  Click on Image to Enlarge.

In January, 1885, an "indignation meeting" was scheduled on City Island in the Town of Pelham.  The meeting was scheduled "to protest against the conveying of riotous paupers from Hart Island to City Island to be tried simply because the first-named is legally part of the town of Pelham."

Pelham calculated that each time its Town Court had to try any such prisoner it cost $15 per prisoner.  As of January 28, 1885, there already had been sixteen such recent trials for a total expense of $240 (about $8,300 in today's dollars).  Pelhamites feared the financial impact of recidivism since nearly all the trials resulted in mere 30-day jail terms in the County Jail at White Plains.  Thus, the entire Town became concerned that it would become necessary for the Town to issue bonds and incur debt to fund the costs of handling unruly Hart Island residents placed there by New York City, the owner of the island.

According to one published report in late January, 1885, "A committee will be appointed to confer with the Commissioners of Emigration of New York city to provide some other method of dealing with the unfortunate denizens of Hart's Island, all of whom legally belong to the metropolis and should not be allowed to inflct special expenses upon the law-abiding citizens of City Island."

Pelham became so incensed that the clamor to force New York City to annex Hart Island grew.  In the following few weeks, a local newspaper reported that a bill was pending "before the Legislature" to force New York City to annex Hart Island, further noting that the criminal reformatory on the island was a significant part of the problem.  The report further noted that "The island is small and but of little use . . .  The citizens of the town of Pelham are anxious to have the Island annexed to New York City from the fact, as they say, that they have to foot the bills of the criminal expenses of the Island and the latter returns them no revenue at all."

Lithograph Depicting "VIEW OF THE CONVALESCENT HOSPITAL ON

HART'S ISLAND" Published Mar. 5, 1877.  Source:  Wikipedia (citing "Mid-

Manhattan Picture Collection / New York City -- Hospitals -- 1899 & Earlier").

NOTE:  Click on Image to Enlarge.

Eventually, New York City annexed Hart Island -- as well as City Island, other surrounding islands, and the lands that form today's Pelham Bay Park -- thus, ending a portion of the frictions that long had plagued its relationship with its little neighbor on its northeast boundary known as the Town of Pelham.  

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"Too Close to New York.

An indignation meeting is to be held at City Island to protest against the conveying of riotous paupers from Hart Island to City Island to be tried simply because the first-named is legally part of the town of Pelham.  The City Island people object to trying such criminals, for it involves a cost of $15 per prisoner, and as sixteen have already been tried and sent to White Plains Jail for thirty days only, the natives are afraid that if the paupers keep on being unruly and the City Island constable is daily called in to make arrests, it will be necessary to bond the town to pay the cost of the arrests and trials.  A committee will be appointed to confer with the Commissioners of Emigration of New York city to provide some other method of dealing with the unfortunate denizens of Hart's Island, all of whom legally belong to the metropolis and should not be allowed to inflict special expenses upon the law-abiding citizens of City Island."

Source:  Too Close to New York, The Evening Telegram [NY, NY], Jan. 28, 1885, Vol. XVIII, No. 6,032, p. 3, col. 4.  

"PELHAM AND CITY ISLAND. . . .

A bill is before the Legislature, to annex Hart's Island to the City of New York.  At the present time, while the island belongs to this county, still New York controls it, having got possession for the purpose of erecting a reformatory thereon for its criminal classes.  The island is small and but of little use to this county; but if New York city wants full control of it, let her compensate this county for it.  The citizens of the town of Pelham are anxious to have the Island annexed to New York City from the fact, as they say, that they have to foot the bills of the criminal expenses of the Island and the latter returns them no revenue at all. . . ."

Source:  PELHAM AND CITY ISLAND, The Chronicle [Mount Vernon, NY], Mar. 20, 1885, Vol. XVI, No. 809, p. 3, col. 4.

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James Burnett of Pelham Manor: Chief Pooh-Bah and Jack of All Trades

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James D. Burnett was a celebrated citizen of Pelham Manor during the late 19th and early 20th centuries.  He served as Chief of Constables for the Town of Pelham and, later, became a member of the Village of Pelham Manor Police Department where he served into the 1920s.  

In 1896, newspapers in the region made much of the many jobs James Burnett held simultaneously.  In 1896, Burnett served simultaneously as:  (1) Deputy Sheriff; (2) Westchester County Game Constable; (3) Town of Pelham Chief of Constables; (4) Street Commissioner of the Village of Pelham Manor; (5) Lamp-Lighter for the Village of Pelham (Pelham Heights); (6) Lamp-Lighter for the Village of Pelham Manor; (7) Janitor of Huguenot Memorial Presbyterian Church; (8) Janitor of the Manor Club; and (9) Janitor of a local school.  

James D. Burnett, it seems, was Pelham Manor's Chief Pooh-Bah and Jack-of-All-Trades.  At times, however, he was a little too busy with all his duties to perform his work.

For example, when New York City annexed a large portion of the Town of Pelham in 1895, it set the boundary of Pelham Bay Park with the Village of Pelham Manor, but also annexed a long, narrow strip of Pelham Manor just outside of Pelham Bay Park.  The area became known as "No-Man's Land."  I have written before about "No-Man's Land" in Pelham.  See:

Thu., Feb. 27, 2014:  More About the Fabled "No-Man's Land" of Pelham Manor: A Tiny Strip of New York City.

Mon., Dec. 5, 2005:  The Fabled "No-Man's Land" of Pelham Manor: A Tiny Strip of New York City.

In 1896, shortly after annexation became finalized, Mount Vernon barbers had a bright idea.  Blue Laws in Mount Vernon barred them from providing barber services on Sunday.  New York City, however, had no Blue Laws applicable to barbers at the time.  In early February of that year, Mount Vernon barbers set themselves up in "backrooms" in buildings located in "No-Man's Land."  They told their customers that that could take a trip to No Man's Land on Sundays and that "a shave, shampoo, mustache curl and trolley ride from and to Mount Vernon could be had for 25 cents."  

Though No-Man's Land was part of New York City, not Pelham, some complained that the Mount Vernon barbers were violating the Sunday Blue Laws and that Burnett should do something about it.  Chief of Constables James D. Burnett, however, said that "he was too busy to look after the law violators" noting not only that he held so many positions, but also that he had begun "studying law."  He told complainants, however, he would "find time" on a subsequent Sunday to look into the matter. . . . .

1899 Map by John Fairchild Showing Beech Tree Lane Section of Pelham.

White Strip Extending from Lower Left to Upper Right with Words "New York

City" Shows Portion of No-Man's Land That, Today, Includes Elm Tree Lane.

NOTE:  Click on Image to Enlarge.

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Below is the text of a pair of articles published in 1896 that touch on the subject of today's Historic Pelham article.  Each is followed by a citation and link to its source.

"James Burnett's Nine Offices.

PELHAM MANOR, Feb. 8. -- James Burnett of Pelham Manor, who was recently appointed County Gamekeeper, is village constable, janitor of the public school, lamp-lighter for Pelham Manor and Pelham Heights, janitor of the Manor Club, janitor of the Presbyterian Church, village Street Commissioner, and Deputy Sheriff."

Source:  James Burnett's Nine Offices, N.Y. Times, Feb. 9, 1896, Vol. XLV, No. 13,875, p. 1, col. 5 (Note:  Paid subscription required to access via this link).  

"SHAVE AND TROLLEY RIDE. 
----- 
Go Together in Pelham, Which Has a Pooh-Bah Constable. 

When the recent annexation act went into effect, that part of the town of Pelham wherein lived the town officials was gathered in by New York City. The remainder is now know as No Man's Land. Mount Vernon barbers against whom the Sunday law operates resolved to do business in No Man's Land. Word was passed around among their customers that by taking a trip to No Man's Land on Sunday, a shave, shampoo, mustache curl and trolley ride from and to Mount Vernon could be had for 25 cents. The barbers established themselves in saloon backrooms, restaurants and hotels last Sunday and did a rousing business. 

James Burnett, who is town constable of the territory, said he was too busy to look after the law violators. Burnett, as well as being Chief Constable, is County Game Constable, janitor of the Presbyterian Church, Street Commissioner of the Village of Pelham Manor, village policeman, janitor of the public school, street lamplighter for Pelham Manor and Pelham Heights, janitor of the Manor Club and Deputy Sheriff. He expects shortly to run an express between New York and No Man's Land. In the interval between his labors, he is studying law. He says he will find time next Sunday to watch the Mount Vernon barbers." 

Source:  Shave and Trolley Ride, The World, Feb 11, 1896, p. 15, col. 5.

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19th Century Gang Violence in Pelham: Thugs Attacked Pelham Town Constables with Baseball Bats in 1886

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In 1886, the Town of Pelham was a sleepy little backwater northeast of New York City.  Nevertheless, by the 1880s, New York City residents had discovered that City Island in the Town of Pelham was a beautiful little oystering and fishing village that easily could be reached by steamboat for day excursions, picnics, and chowder parties.

City Island Becomes an Excursion Destination for Criminal Gangs of New York City

As City Island became more popular as an excursion island, the sleepy little Town of Pelham began to experience terrifying events.  Among those who found City Island a popular destination for excursions away from New York City were organized crime gangs that became notorious for hosting terrifying "chowder parties" on City Island where they terrorized local residents and vandalized local property.  

The Town of Pelham found itself entirely unprepared to deal with such big city problems.  By 1886, according to one report, "New York City gangs are the dread of City Island."  As the gang problem grew, City Island even began setting up "special telegraphic communication" with New York City, New Rochelle, and other nearby communities during the summer months to enable it to call for help when needed.  The gangs were simply too much for the handful of Town Constables and local Deputy Sheriffs (who were tasked with enforcing the law) to handle.

The Notorious Brooklyn Gang Known as the "Smoky Hollow Gang"

One of the most notorious New York City gangs that visited City Island was the infamous "Smoky Hollow Gang."  The Smoky Hollow Gang was a Brooklyn gang of young thugs that existed at least as early as 1867 and operated along the Brooklyn waterfront at least until 1930.  The "main headquarters of the gang" was the Sixth Ward in the neighborhood of South Ferry, but its operations extended as far south as Red Hook and as far east as Wall Street Ferry.  See DARING RIVER THIEVES -- The Exploits of Some of the Most Notable Offenders, The Brooklyn Daily Eagle, Nov. 13, 1892 p. 16, cols. 4-5.  The organized crime gang was widely known for an event on February 29, 1880 when a New York City police officer named Thomas M. Stone tried to arrest a member of the gang for loitering.  Members of the gang jumped the officer and beat him severely.  Officer Stone died after his skull was crushed with a paving stone by one of the gang members.  See Officer Stone's Death; Will Political Influence In Brooklyn Save The Murderers?, N.Y. Times, Apr. 2, 1880.  See also OFFICER STONE'S MURDERERS -- MEMBERS OF THE "SMOKY HOLLOW GANG" ON TRIAL FOR THEIR LIVES, N.Y. Times, May 13, 1880.  

The Smoky Hollow Gang maintained a labyrinth of shanties, deserted huts, and sheds in the Sixth Ward in Brooklyn as well as "dens" in the tall grass of the salt meadows near Gowanus Canal where they hid from authorities and also hid their plunder after robberies and burglaries.  See DARING RIVER THIEVES -- The Exploits of Some of the Most Notable Offenders, The Brooklyn Daily Eagle, Nov. 13, 1892 p. 16, cols. 4-5.  

The gang operated along the Brooklyn waterfront for nearly seventy years.  Indeed, in 1930, the fifty-five year old leader of the Smoky Hollow Gang was attacked and shot after he tried to control too much territory including the territory of a rival gang.  According to a news account at the time:

"Brooklyn Gangleader Found Shot, Stabbed 
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Smoky Hollow Chief Near Death After Attempt to Rule Realm of Slain Donnelly
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NEW YORK.  Jan. 31 -- (/P) -- A Brooklyn waterfront gang leader was near death today because he tried to take in too much territory.

For years, said police, James Murray had led without friction Brooklyn's Smoky Hollow gang, which ruled that section of the borough along the Atlantic basin.  But with the slaying two days ago of Charles 'Red' Donnelly, leaving leaderless the White Hand gang, which operated along the East river near the Brooklyn bridge.  Murray started casting envious eyes and had visions of consolidation with himself as leader.  

A meeting of the Smoky Hollow dock workers was called for last evening with representatives of the White Hand gang present.  During the meeting the lights suddenly went out.  A few minutes later when someone turned them on Murray was found shot in the head and stabbed and slashed in the hands and face.

Just before lapsing into unconsciousness at the hospital he said, 'my boys will take care of this.'

He is 55 years old and has a police record that includes a ten year term in Sing Sing."

Source:  Brooklyn Gangleader Found Shot, Stabbed -- Smoky Hollow Chief Near Death After Attempt to Rule Realm of Slain Donnelly, Lewiston Evening Journal [Lewiston, Auburn, Maine], Jan. 31, 1930, p. 16, col. 5.   

A host of legends and folklore have survived regarding the notorious Smoky Hollow Gang. a group of cop killers, thugs, river pirates, smugglers, bootleggers, thieves, and home invaders.  One of the most colorful legends is that the gang used Brooklyn's Atlantic Avenue Tunnel (the world's oldest subway tunnel) as its secret gathering place.  See Brooklyn Has The Oldest Subway In The World, The Brooklyn Daily Eagle, Jul. 23, 1911, p. 3, cols. 1-7; The Atlantic Avenue Tunnel -- A Romance, N. Y. Times, Jan. 23, 1893.

The Smoky Hollow Gang of Brooklyn Terrorizes City Island in 1886

In August, 1886, the Smoky Hollow Gang of Brooklyn decided to hold a "chowder party" together with a baseball game and a football game on City Island.  Up to 125 men including gang members and their acquaintances hired a steamboat, loaded it with seventeen kegs of beer, and were rip-roaring drunk when the steamboat arrived at the public pier on City Island on a Sunday morning.  

According to one account, the men stormed to the center of the island, kicked down a fence and gate surrounding a large open lot just off of main street and began playing ball.  Members of the gang were loud and profane, playing while nearby church services were underway.  Local laws forbid the playing of baseball or football games on Sundays because such events had become so loud and disruptive.  The situation was like a keg of powder ready to explode.

Although various news reports differ over precisely what happened, it appeared that at 12 noon as church services ended, a local church deacon named John M. Bell came upon the men and was upset by the noise and profanity.  Mr. Bell informed them of the local law and told them that although they could not play anymore that day, they were welcome to return on any weekday and resume their athletic contests.  The gang members and their friends shouted Bell down, derisively, and rained abuse on him.  He hurried away and returned with two Town of Pelham Constables.

The first Constable to arrive was William Munson.  According to one account, when he arrived he was set upon by the gang with baseball bats.  They broke his nose, battered his face and, when he drew his gun, they knocked it from his hand.  He was pulled away from the savage beating by Bell just as the second Constable, James Anderson, came running and launched into the crowd swinging his billy club.  Soon, however, his blows were "repaid with interest" by the gang.  After he was knocked to the ground three times, a local butcher who ran to the scene waded into the fray and rescued Anderson.

By then the entire population of City Island seemed to converge on the scene.  Outnumbered, the "excursionists beat a hasty retreat" back to the steamboat at the public dock.  In the meantime, communications went out from City Island for police launches from New Rochelle and New York City to stop the steamboat and arrest the thugs.  By the time the launches could get into the water and get organized, however, the steamboat dumped its load of human garbage back in New York City and the thugs melted into their labyrinth of warrens, hovels, and dens.  

Engraving Depicting Nineteenth Century

New York City Gang Members.  These

Were "Bowery Boys," Another Notorious

New York City Gang Like the Smoky Hollow Gang.

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Below is the text of two articles about the incident involving the Smoky Hollow Gang on City Island described above.  Each is followed by a citation and a link to its source.

"PELHAM AND CITY ISLAND.

It is said that bass and weak fish are being caught at Pelham Bridge.

Joseph L. Vincent died Sunday last, at the residence of his brother-in-law in Harlem.

The attention of Highway Commissioner Cochran, or whoever has charge of that district, is called to some bad places in the road at Pelham Bridge.

Pelham will have one representative on the Grand Jury, and four on the Petit Jury, next month.  They are:  Geo. W. Sembler, C. Von Leihn, -- Alexander, James Prout and Vincent Barker.

A race between the yachts Susie S., Capt. Ira Smith, and Amanda, Capt. Samuel Seaman, is to take place off City Island, to-day.  The Amanda was built by E. A. Willis, of Port Washington, and many think she will beat the Susie S.

Contractors are invited to send sealed proposals to E. W. Waterhouse, Town Clerk of Pelham, to raise, with broken stone, the grade on the road on City Island, betwee Wm. Brazil's residence and Joseph Abraham's store, and also on the shore road between City Island road and Pelham lane.  The notice has not been very extensively circulared, so we give the town this free advertisement, and contractors whatever benefit they can get out of it.

Augustus B. Wood the well known boatbuilder of City Island, has been sued by his sister-in-law, Mrs. Imogene Banta, through her counsel, Martin J. Keogh, to recover $5,000 for an alleged aggravated assault, which it is claimed affected Mr. Banta's health.  The prominence of the parties on the Island, causes the case to attract much attention.  It is expected that the case will be tried at the approaching Supreme Court term in this county. -- New-Rochelle Press.

City Island was invaded last Sunday, by a gang of roughs from New York, styling themselves the 'Smoky Hollow Chowder Club,' and what transpired is told by the New York Times as follows:

'About 125 young roughs, many of them evidently under the influence of liquor, went ashore and repaired to an open lot just off the main street.  They had brought the necessary apparatus with them, and soon vigorous games of foot and base ball were in operation.  It was church time, and most of the inhabitants of the quiet little village were at divine service.  There is a law in the county against playing any such games on Sunday, and when Deacon John M. Bell, one of the first to leave the church, at 12 o'clock, heard the shouts and profane language which issued from the field near by he was much disturbed.  He walked down the street, and when he came within hailing distance of the player addressed them in a mild and fatherly way, nothing doubting that his authority would be instantly respected.  When he told them they were breaking the law, but were welcome to come some week day and play to their hearts' content, they shouted derisively:

'Ketch on to the dominie!  He thinks we're Sunday School kids.'

Much incensed, Mr. Bell went for the only two constables who were within reach, James Anderson and William Munson.  Secure in the belief that they would at once end the trouble, Munson approached the crowd who were playing football.  They withdrew sullenly on hearing what he had to say.  He had no such fortune with the others however.  He was attacked suddenly on all sides by half a dozen of the men, who used their base ball bats freely.  His nose was broken, his face was battered, and when he drew his pistol it was knocked from his hand by a heavy blow from a bat.  Deacon Bell made a feeble attempt to rescue the unfortunate officer from his assailants, but was signally unsuccessful.  Anderson, the other policeman, came running across the bridge and did some vigorous clubbing, but it was repaid with interest.  After he had been knocked down three times, Archibald Robinson, a sturdy butcher, picked him up and protected him.

'Reinforcements soon came from the villagers, and the turbulent excursionists beat a hasty retreat.  A telephone message was at once sent to Police Headquarters in the city and the steamboat squad were directed to keep a sharp lookout for the boat R. M. Burke and her patrons.  Four policemen from New Rochelle patrolled the waters on the Sound in search of them, but without success.

The excursionists landed without being overtaken by the steamboat squad."

Source:  PELHAM AND CITY ISLAND, The Chronicle [Mt. Vernon, NY], Aug. 24, 1886, Vol. XVII, No. 909, p. 3, col. 2.  



"ROUGHS AT CITY ISLAND.
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The Police Boat Sent for to Look After the Smoky Hollow Gang of Brooklyn.

Among the young but promising gangs of Brooklyn that hope to rival the boss toughs of New York is the Smoky Hollow Gang that lives about South Ferry.  One of its leaders was sent to the penetentiary recently for pounding a man's head with a stone until he died and several others are up for minor offenses.  The gang, organized the Smoky Hollow Chowder Club and, with some Jersey city friends, they hired the tug W. R. Burke for a Sunday chowder party.

Capt. James Lounsbury, formerly called 'Big-headed Jim,' started with his barge yesterday morning to Pacific street, Brooklyn, and then went to Morgan street, Jersey city.  Altogether some thirty-five toughs were taken on board.  They had seventeen kegs of beer.  It was tapped as soon as the boat pulled off the dock, and before the tug was up to Blackwell's Island, where one or two stray members of the gang are spending the summer, the Smoky Hollow Chowder Club was making right merry with itself.

The destination of the trip was City Island, opposite New Rochelle.  New York gangs are the dread of City Island.  The people would rather have all of Pharaoh's seven plagues dropped on them at once than one chowder party.  They have special telegraphic communication established with Connecticut, New Rochelle, and New York during the summer, that they may speedily call down the cohorts of the law on the chowder parties of the unrighteous.  There are also a few constables and deputy sheriffs whose ambition it is to preserve the peace of the island.  To enable these officials to make a living and protect itself the authorities of the island have passed sundry ordinances prohibiting Sunday ball playing, beer drinking, chowder parties, and dances.  The constables are commanded to enforce the laws and statutes of the burgesses and other great men of City Island.

Before the Smoky Hollow chowder party was within sight of City Island, it was severally and collectively boiling drunk.  To pass away time there were a few fights, in which a score or more of hats were thrown overboard, and everything was smashed except the beer kegs.  Big-headed Jim was glad to get rid of his passengers, and he tied up to the public pier at City Island and dumped his load, while the crew began removing everything smashable in preparation for the trip back.

The Smoky Hollow Chowder Club swooped down on the island like a horde of carpet-baggers on South Carolina.  They kicked down the fences and gates and took possession of a field to play ball in, while a few of the lazy ones bossed the chowder making.  The game of ball had hardly started when a mild blue eye and timit voice came to the field and quoted a clause in the ordinances which forbids base ball playing on Sunday, under penalty of $5 fine.

This was what the Smoky Hollow Chowder Club had been pining for.  It surrounded the polite little man and spoke unto him rudely.  They were going to play ball, they were, and they'd like to know who should say them pay in the heyday of their chowder party.  The polite little man remonstrated.  he said he was a City Island constable and showed a badge that might have been a deputy sheriff's badge.  In a polite way he added that he knew of no possible way by which the fine could be avoided, and that he was there to enforce the law.  To save trouble, however, he was willing to collect the fine in advance and go away.

At this the Smoky Hollow Chowder Club arose in simultaneous wrath and smote the polite little man.  Some one buffeted his ears and both his eyes were blackened.  When he was chastened by those who got at him first the rest of the gang spanked him.  Then they went on and played their game of ball.

But the polite little man went around over the island and notified all the inhabitants, and word was sent to New Rochelle and to Police Headquarters in this city.  The police boat Patrol started off in pursuit.  By the time it got to City Island the Smoky Hollow Chowder Club was on its way home, milking the beer kegs for another round.  The police boat returned at twenty-five minutes past 6, an hour after the tug was tied up at Pier 10, East River, for the night."

Source:  ROUGHS AT CITY ISLAND -- The Police Boat Sent for to Look After the Smoky Hollow Gang of Brooklyn, The Sun [NY, NY], Aug. 23, 1886, Vol. LIII, No. 357, p. 3, col. 3.  

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Pelham Residents Threatened to Storm the Jail and Lynch a Notorious Attempted Kidnapper in 1900

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In 1900, a Village of North Pelham Constable captured a "desperate criminal" who tried to kidnap two local youngsters.  The event was widely reported after Pelham residents gathered at Town Hall and threatened to remove the prisoner and lynch him.  The Mount Vernon News of May 17, 1900 reported the matter as follows:

"KIDNAPPER CAPTURED IN PELHAM
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Edward Keller, who is known to the Mount Vernon and Westchester County police as a desperate criminal, is locked up in North Pelham, charged with attempting to kidnap two boys from this city.

The boys who Keller attempted to kidnap are Peter and John O'Connor, of Monroe street.  Keller was captured by Constable Marks of North Pelham, after an exciting chase through the woods.  Marks did not capture his man until after he emptied the contents of his revolver at him.  The residents of North Pelham who gathered at the Town Hall, last night, to get a look at Keller, were intensely excited and there was some talk of taking the prisoner out and lynching him.

Peter and John O'Connor, who are well known in East Mount Vernon are aged ten and twelve respectively.  They live with their parents on Monroe street.  Yesterday afternoon the lads were at play near their home.  Keller walked up to the boys and started to talk to them, and, finally, enticed the boys to take a walk with him.  He gave the lads candy and other delicacies.  The boys followed Keller through East Mount Vernon to the woods.  While in a secluded place it is alleged Keller attempted to choke Peter because he refused to follow him.

The kidnapper also left the imprints of his fingers on young John's throat.  The boys' cries for help attracted the attention of Constable Marks who happened to be near at hand.  A moment later Marks saw Keller attempt to lead the boys across the Hutchinson River.

When Keller saw the Constable he fled in the direction of the woods.  Marks followed his man emptying the contents of his revolver at him.  When Keller saw that escape was impossible he threw both hands above his head and surrendered.  He was taken to the Town Hall in Pelham, and locked up.

Keller is one of the three convicts who escaped from the Westchester County Jail at White Plains in 1892 by sawing away the bars.

At the time Keller was awaiting trial for horse stealing.  He had not been heard from until his capture.  Keller is the same individual who was arrested in this city in 1897 for stealing a cow belonging to Alderman Reynolds, of the Seventh Ward, of Yonkers.  While waiting at the police station for examination Keller attempted to cut his way out of jail by sawing the bars.

His scheme was detected in the nick of time.  A woman by the name of Wiseman had furnished Keller with the file.  Keller was sentenced to the Elmira Reformatory for this offense.

The prisoner attributes his capture to being drunk and unable to run.  After his escape from the county jail Keller went to work in the coal mines in Penn.  He returned to this section of the country yesterday.

The prisoner was arraigned before Judge Lyon in North Pelham last night and held to await the action of the Grand Jury."

Source:  Kidnapper Captured in Pelham, Mount Vernon News, May 17, 1900, p. 2, col. 1.

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