An Imbroglio at Belden Point Embroiled Local Justices of the Peace in a Judicial Battle of the Wills in 1892
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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.
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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.
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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.
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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.
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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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Labels: 1892, Amusement Park, Belden, Belden Point, City Island, Constable, Courts, Crime, Daniel J. Whyman, John P. Hawkins, William Belden, William Munson
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