Mysterious and Intriguing Notice of Chancery Sale of Pelham Lands on Miniford's Island in 1823

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

The legal notice that began appearing in issues of the New-York Spectator nearly two centuries ago in early April, 1823 is intriguing.  It reflects notice of a court-ordered public auction of a 24-acre tract on "Miniford's Island" in the Town of Pelham (today's City Island).  Today's Historic Pelham Blog article attempts to unravel some of the mystery of the legal notice and challenges the many experts on City Island history who regularly read the blog to provide any assistance possible further to unravel this fascinating mystery.

An image of the legal notice (and transcription of its text to facilitate search) appear at the end of today's article.  The notice explicitly states that the tract will be sold at public auction "IN pursuance of a decretal order of the Court of Chancery."

The New York Court of Chancery, first established in 1701 during British colonial rule, was the highest court in the State of New York from 1701 until 1847.  After U.S. independence, the New York State Constitution of 1777 continued the court as a court with jurisdiction on cases of equity (rather than legal damages).  During the period 1777 to 1847 the court also served, generally speaking, as a court of appeals to consider appeals from certain matters decided by the New York Supreme Court.

A Chancery Court "decretal order" such as that referenced in the legal notice was an order entered by the Court of Chancery upon a motion or petition in the nature of a decree finally determining some right of a party to a proceeding in equity (rather than one seeking merely legal damages).  

According to the notice, pursuant to such a decretal order, a 24-acre tract on City Island was to be sold at a public auction at 12:00 Noon on April 28, 1823.  The auction was to be held at a public Inn managed by innkeeper David Smith in Eastchester.  (Pelham seems to have had no such inn or other such "public" place.  The notice failed to identify the owner of the land scheduled to be auctioned; hence, the mystery as to what prompted this decretal order.

The 1820 U.S. Census, taken in Pelham on January 5, 1820, reflects that there were only 41 households in all of the Town of Pelham (with a total of 285 residents including "Free White Males," "Free White Females," "Slaves," and "Free Colored Persons" ). Among the 41 heads of households reflected in that census were Nicholas Haight, Joshua Huested, and George Horton.  See 1820 United States Census - Census Place:  Eastchester, Westchester, New York, Township of Pelham, Page 206 NARA Microfilm Roll M33_75, Images 164-65 (Records of the Bureau of the Census, Record Group 29, National Archives, Washington, D.C.) (Note:  Paid subscription required to access via this link).

As of 1818, much of City Island was owned by Pelham residents Nicholas Haight and Joshua Huested.  On January 1, 1819, however, Nicholas Haight and his wife, Mary, sold to George Washington Horton 42 acres on the lower (southern) portion of City island.  The Horton family continued to hold most of this tract for much of the next sixty years.

Nicholas Haight, on the other hand, apparently was not so fortunate.  By 1820 Haight seems to have been in financial straits and soon found himself subject to a different decretal order by the New York Court of Chancery directing public auction of Haight's 130-acre farm on Rodman's Neck on the mainland adjacent to City Island.  Indeed, I have written before about Haight's travails in this regard.  See:

Tue., May 19, 2015:  Advertisements for Two Nineteenth Century Sales of Large Properties on Rodman's Neck in the Town of Pelham. 

Mon., Dec. 03, 2007:  Notice of Chancery Court Order Directing Auction Sale of Nicholas Haight's Farm in Pelham in 1820.  

Fri., Nov. 30, 2007:  1820 Advertisement for Sale of Nicholas Haight's Farm on Rodman's Neck.  

Legal notices of the public auction of Haight's farm on Rodman's Neck suggest that Haight's financial difficulties were connected to a lawsuit brought against him, his wife, notable Pelham resident John Hunter of Hunter's Island, and Peter Augustus Jay, a successful lawyer, anti-slavery advocate, philanthropist, and eldest son of John and Sarah Livingston Jay.  The lawsuit was referenced in legal notices published in 1820 as "George Faile, vs. Nicholas Haight and Mary his wife, John Hunter and Peter A. Jay."

George Faile, the plaintiff in the action, was a resident of East Chester who owned a fine estate in the southwestern corner of that settlement with a home, seated upon rising ground that overlooked the valley to the southeast, the Hutchinson River and "the distant waters of the Sound."  See Bolton, Jr., Robert, A History of the County of Westchester From Its First Settlement to the Present Time, Vol. I, p. 154 (NY, NY: Alexander S. Gould 1848). 

Research has not yet revealed the nature of the Chancery Court action brought by George Faile of Eastchester against the Haights, John Hunter, and Peter A. Jay.  It seems at least possible, however, that the legal notice issued in early April, 1823 announcing a public sale of a 24-acre tract on City Island was a further decretal order entered in connection with that action involving a tract owned by Haight on City Island (in addition to his Rodman's Neck property).  

The description of land contained in the legal notice includes a reference that seems to support this theory.  In describing one of the boundary lines of the 24-acre tract, it noted that the boundary separated the tract from "other land of Nicholas Haight" on City Island (emphasis added).  Interestingly, and likely significantly, the Master in Chancery named in both the 1820 and 1823 legal notices of public sales at auction was John M. McDonald, a famous Westchester County resident who later conducted and recorded in writing more than four hundred interviews of soldiers and eyewitnesses involved in the Revolutionary War in Westchester County.  These interviews and other papers were collected into the famed "McDonald Papers" in the 1920s by the Westchester County Historical Society.  See The McDonald Papers (visited Sep. 24, 2018).

The tract of land is described in a version of the legal notice published on April 8, 1823 as follows:

"all that certain tract, piece or parcel of land, situate, lying and being on Miniford's Island, otherwise called City Island, in the town of Pelham, county of West Chester, and state of new York, and is bounded as follows, to wit:  Beginning at a stone marked and set in the ground on the west side of said island, running thence north seventy-nine degrees east, by Thomas Pell's land, thirteen chains and twenty-two links, to a stone marked E. by the shore; thence south forty-six and three-fourths east, along by high water mark at common tides, seven chains and twenty-one links -- thence south twenty and an half east, by the said high water mark two chains -- thence south nine and a quarter east to take and give by high water, three chains ninety-six links, to a stone marked F. thence south twenty-seven west, by other land of Nicholas Haight, thirteen chains nineteen links, to a stone wall by land of Cornelius Myers -- thence south eighty-one west, by said Myer's land, seven chains nineteen links -- thence south seventy six west, by said Myer's land, three chains fifty-five links, to a ditch -- thence north one east, by said ditch and shore to take and give seven chains thirty-four links -- thence north eighteen east. by the water, one chain eighty links -- thence north fifty-seven east, by said water, three chains sixteen links -- thence north ten and three fourths east, two chains thirty-seven links, by said high water mark, to the stone or place of beginning, exclusive of a road two rods wide running through said land.  Containing twenty-four acres of land, be the same more or less."

To try to understand this description we first must understand the units of measurement of chains and links.  A "chain" is a unit of length equal to 66 feet   A link is 1/100 of a chain (about 7.92 inches).  The description translates to a rather labyrinthine plot of land wedged between a host of boundaries including Long Island Sound, a stone wall, a ditch, and -- of course -- surrounding properties.  

Clearly an interesting element of this entire "mystery" is the possibility that the land at issue was owned by Nicholas Haight.  If so, his financial difficulties extended well beyond 1820 and seem to have extended at least into 1823.

1823 Legal Notice for Auction of City Island Property

by Decretal Order of the Court of Chancery of New York.

Source:  IN CHANCERY [Legal Notice], New-York Spectator,

Apr. 8, 1823, Vol. XXVI, p. 3, col. 6 (text transcribed immediately

below).  NOTE:  Click on Image to Enlarge.

*          *          *          *          *

"IN CHANCERY.
State of New-York, ss.

IN pursuance of a decretal order of the Court of Chancery, will be sold at public auction at the house of David Smith, innkeeper, in the town of East Chester, in the county of West Chester, and state of New-York, on Monday, the twenty-eighth day of April instant, at 12 o'clock at noon of that day, under the direction of the subscriber, one of the masters of this court, all that certain tract, piece or parcel of land, situate, lying and being on Miniford's Island, otherwise called City Island, in the town of Pelham, county of West Chester, and state of new York, and is bounded as follows, to wit:  Beginning at a stone marked and set in the ground on the west side of said island, running thence north seventy-nine degrees east, by Thomas Pell's land, thirteen chains and twenty-two links, to a stone marked E. by the shore; thence south forty-six and three-fourths east, along by high water mark at common tides, seven chains and twenty-one links -- thence south twenty and an half east, by the said high water mark two chains -- thence south nine and a quarter east to take and give by high water, three chains ninety-six links, to a stone marked F. thence south twenty-seven west, by other land of Nicholas Haight, thirteen chains nineteen links, to a stone wall by land of Cornelius Myers -- thence south eighty-one west, by said Myer's land, seven chains nineteen links -- thence south seventy six west, by said Myer's land, three chains fifty-five links, to a ditch -- thence north one east, by said ditch and shore to take and give seven chains thirty-four links -- thence north eighteen east. by the water, one chain eighty links -- thence north fifty-seven east, by said water, three chains sixteen links -- thence north ten and three fourths east, two chains thirty-seven links, by said high water mark, to the stone or place of beginning, exclusive of a road two rods wide running through said land.  Containing twenty-four acres of land, be the same more or less -- together with the hereditaments and appurtenances to the same belonging.

Dated New-York, April 1st, 1823.

JOHN M. MACDONALD,
Master in Chancery.

april 5 C&S2awtds"

Source:  IN CHANCERY [Legal Notice], New-York Spectator, Apr. 8, 1823, Vol. XXVI, p. 3, col. 6.

1868 Map Depicting City Island.  Source: F. W. Beers, "City Island,

Pelham Township, Westchester Co., N.Y. (with) Town of Pelham,

Westchester Co., N. Y." in Atlas of New York and Vicinity, p. 35 

(NY, NY: Beers, Ellis & Soule, 1868). NOTE: Click on Image to Enlarge.

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

Record of John Pell's Sale of City Island in 1685 Reveals the Identities of Two More Early Residents of the Manor of Pelham

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

It is fascinating to consider that the island we know today as City Island, once part of the Manor of Pelham and -- later -- the Town of Pelham, was likely among a few of the first pieces of land on which European settlers set foot in Pelham.  The island (and the smaller, but adjacent Hart Island) were the first large offshore islands beyond Hellgate.  Hellgate, of course, often was considered the entrance to Long Island Sound from New York City.  It was an dangerous area that bridged the so-called "East River" adjacent to Manhattan and the more westerly Sound.  Thus, City Island (and Hart Island) likely were seen and visited by countless ships and sailors traveling to and from New Amsterdam (later New York City) via Long Island Sound during the early to mid-17th century.  

City Island, of course, was part of Thomas Pell's original purchase from local Wiechquaeskecks on June 27, 1654 (Old Style Julian Calendar).  Although Pell never lived on his purchase, choosing instead to remain in Fairfield, he clearly built a house, barn, and working farm in Pelham.  See Mon., Mar. 31, 2014:  Inventory of the Estate of Pelham Founder Thomas Pell Taken Shortly After He Died in Late September, 1669.  

According to tradition, the home built by Thomas Pell stood not far from the tip of today's Rodman's Neck where a home later built by Samuel Bowne once stood.  From there, occupants looked out from the mainland over City Island.  Actually, it seems likely that a caretaker may have resided in the home built by Pell.  Nevertheless, the tradition that the Pell farm house stood where the home of Samuel Bowne stood has been repeated countless times. For an example, see: 

"Pelham Neck is terminated by the property of the late Gilbert Bowne [a son of Samuel Bowne]. On the site of the dwelling-house, stood the residence of Thomas Pell, Esq., first lord of the manor. Perhaps the finest view of City Island and the adjacent waters are to be had from this portion of the Point." 

Source:  Bolton, Jr., Robert, The History of The Several Towns, Manors, and Patents of the County of Westchester, From Its First Settlement to the Present Time Carefully Revised by its Author, Vol. II, p. 71 (NY, NY: Chas. F. Roper, 1881).  For more on the Bowne home and family, see, e.g.:  Wed., Apr. 20, 2016:  Photograph and Biography of Gilbert Washington Bowne, a 19th Century Owner of Lands on Rodman's Neck and City Island.  

As early as August, 1668, Thomas Pell seems to have allowed settlers to live for a time on City Island.  Indeed, as I have written before, a couple named Ralph and Mary Hall who were persecuted for alleged instances of witchcraft in the Town of Seatalcott (later known as Setauket, now Brookhaven) fled for a time to City Island in the Manor of Pelham and lived there.  See Fri., May 12, 2006:  Possible Evidence that Residents of the Manor of Pelham Were Acquitted in Rare 17th Century Witchcraft Trial in New York. 

Now there is evidence that after he inherited Pelham Manor from his uncle and Pelham founder Thomas Pell, John Pell also allowed settlers to reside on City Island.  The evidence appears in a December 11, 1685 deed registered in the Westchester County deed records reflecting a sale of City Island, then known as Mullberry Island and as Great Minneford Island.  Today's Historic Pelham Blog article publishes images of that registered record and transcriptions of it.

I have written before, generally, about this sale of City Island.  See Fri., Oct. 20, 2006:  John Pell, Second Lord of the Manor of Pelham, Sells City Island and Then Buys It Back.  This sale reflects one of the earliest instances of John Pell attempting to sell portions of the land he inherited from his uncle.  In the December 11, 1685 land conveyance, John Pell sold today's City Island to John Smith of Brooklyn.  After Smith's subsequent death, John Pell purchased back the land by making a payment of 50 pounds to Smith's widow and her new husband to "void" the earlier sale.  It seems that during the early 1680s (and before) John Pell was engaged in efforts to arrange settlers and plant families on portions of his land.  See Tue., Apr. 01, 2014:  Significant Discovery: In 1680 and Before, John Pell Sought to Colonize Pelham With Settlers.

Interestingly, the conveyance record of the sale of today's City Island in 1685 allows us to identify two more of the earliest occupants of the Manor of Pelham.  In it, the parties reference that "Mullberry Island or Great Minneford Island" as it then was called was "lately in the possession or ocupation of William Pate and Robert Godfrey."  As the record indicates Pell as the owner of the property at the time, it appears likely that William Pate and Robert Godfrey leased the island, probably to raise livestock or even to farm a little.  

It, indeed, seems likely that Pate and Godfrey lived on the island since the conveyance record suggests that there were improvements on the island that were part of the conveyance.  Although care must be taken since such language might merely be the equivalent of "lawyer's language" simply to ensure that the conveyance included any improvements if any happened to exist, the language of the conveyance nevertheless contains mention of interesting specific improvements including "houses barnes orchards edifices buildings gardens and all other conveniencyes and appurtenances to the said Island belongeing or in any manner of wayes appertaineing." 

First Page of Registered Copy of John Pell's Land Conveyance of

City Island to John Smith of Brooklyn Dated December 11, 1685

(Old Style Julian Calendar).  Source: County of Westchester New

York Deedbook A 1681-1688, p. 65 (via FamilySearch, New York Land

Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free

account registration required to access via this link).  NOTE: Click on

Image to Enlarge.

Second Page of Registered Copy of John Pell's Land Conveyance of

City Island to John Smith of Brooklyn Dated December 11, 1685 (Old

Style Julian Calendar).  Source: County of Westchester New York

Deedbook A 1681-1688, p. 66 (via FamilySearch, New York Land

Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free

account registration required to access via this link).  NOTE:

Click on Image to Enlarge.

Third Page of Registered Copy of John Pell's Land Conveyance of

City Island to John Smith of Brooklyn Dated December 11, 1685

(Old Style Julian Calendar).  Source: County of Westchester New

York Deedbook A 1681-1688, p. 67 (via FamilySearch, New York Land

Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free

account registration required to access via this link).  NOTE:

Click on Image to Enlarge.

Map of Town of Pelham with Inset of City Island, 1868.

Source: Beers, F.W., Atlas of New York and Vicinity, p. 35

(NY, NY: Beers, Ellis & Soule, 1868).  NOTE:  Click on Image to Enlarge.

*          *          *          *          *

Below is a transcript of the registered record of the December 11, 1685 land conveyance reflecting John Pell's sale of City Island to John Smith of Brooklyn.  It is followed by a citation and link to its source.  

"JOHN PELL, ESQE. his Conveyance of Minnefords Iseland to JOHN SMITH of Brukeland (viz) TO ALL CHRISTIAN PEOPLE TO WHOM THIS PRESENT WRITEING SHALL COME JOHN PELL of Annhookes Neck, in the County of Westchester in the Province of New Yorke, in America Gent. sends GREETING:

KNOW YEE that the said JOHN PELL for divers good causes and valuable considerations hereunto moveing moore especially for and in consideration of the full and just sume of ONE HUNDRED POUNDS currant monneys of New Yorke, to him in hand payd and secured to be payd by JOHN SMITH of the towne of Brookeland in Kings County on Longe Island within the Province aforesaid, Yeoman, the receipt whereof he the said John Pell dote hereby acknowlidg and theirof and every part and parcell thereof dote clearely aquitt and discharge the said John Smite his heires executors and administrators and every of them forever by these presents hath given granted bargained sould allienated enfeoffted and confirmed and by these pressents dote give graunt bargaine sell allien enfeoffe and confirm unto the said John Smite his heires and assignes, ALL that his Iseland or tract of land scituate lying and being witein the County of Westchester aforesaid before the Neck of land called Annhookes Neck, aforesaid coonly called or knowne by the name of Mullberry Island or Great Minneford Island lately in the possession or ocupation of William Pate and Robert Godfrey.  TOGAITHER wite all the houses barnes orchards edifices buildings gardens and all other conveniencyes and appurtenances to the said Island belongeing or in any manner of wayes appertaineing.  TO HAVE AND TO HOLD the said Island or tract of land togaither with all and singular the above mentioned premisses wite their and every of their appurtenances unto him the said John Smite his heires and assignes to the only proper use bennefitt and behoofe of him the said John Smite his heires and assignes forever.  AND the said John Pell for himselfe his heires, executors adminisstrators and assignes dote covenant promise and grant to & wite the said John Smite his heires and assignes that he the said John Smite his heires and assignes shall and may from time to time and at all times forever, hereafter have hold use ocupie possess and enjoy all and singular the aforesaid Island or tract of land togaither wite all and singular the afore demissed premisses and every part and parcell theirof without any the least lett hinderense trouble or mollesstation of him the said John Pell his heires or assignes.  AND the said John Pell for himselfe his heires, executors and adminisstrators dote farther covenant promisee and graunt to and with the said John Smite his heires and assignes for ever, that he the said John Pell at the time of the sealeing and delivery hereof, hate ffull power good right and lawfull authoritie to graunt bargaine sell and convey all and singular the above demissed preimisses and every part and parcell thereof, and that the same are leare and free from all and all manner of former and other gifts grantes, baganes sailes mortgages dowers titles of dowers judgments executions rents, arrearages of rents or any other manner of tyes or inccumbrances whatsoever and he the said John Pell his heires and assignes forever shall and will warrant and forever defend, the said John Smite his heires and assignes in the quiett and peaceable possession of the above demissed premisses and every part and parcell theirof against any persons that shall claime any right title or interest of in or to the same by from or under him the said John Pell his heires or assignes or by from or under any other pretence or procurement whatsoever.

PROVIDED ALWAYES, and it is the true intent and meaning hereof, that if the above named John Pell his heires, executors adminisstrators or assignes shall and soe well and truely pay or cause to be paid unto the above named John Smite his heires or assignes the full and just some of one hundred pounds in current Silver monney of the Province of New Yorke, at or before the thirtiete day of Aprill next ensueing the date of these presents that then the said John Smite his heires or assignes all and singular the above demised premisses and every part and parcell thereof, unto him the said John Pell his heires and assignes forever anything herein conteyned to the contrarie in any wise notwitestanding.  IN WITNESS WHEREOF the said John Pell hath hereunto sett his hand and seale the eleventh day of December in the first yeare of his Majtses. Raigne and in the yeare of our Lord God one thousand six hundred eighty and five.

JOHN PELL (L.S.)

Sealed and delivered in
presence of us -- 

Paul Richards.
John Tuder.

This instrument of writeing was acknowlidged by John Pell to be his acte & deed before me the 11te day of Decembe. 1685.

William Morris.

Compared the above said with the origionall this 22d day of March 1685/6 and it is a true coppy.  

Pr. Joseph Lee, Register."

Source:  County of Westchester New York Deedbook A 1681-1688, pp. 65-67 (via FamilySearch, New York Land Records, 1630-1975, Westchester, Deeds 1681-1698, Vol. A-B; free account registration required to access via this link).

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

Original Records of Witchcraft Trial of Ralph and Mary Hall Who Afterward Fled to the Manor of Pelham

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

"Ralph Hall thou standest here indicted, for that having not the feare

of God before thine eyes Thou did'st upon the 25th day of December,

being Christmas day last was 12 Moneths, and at severall other times

since, as is suspected, by some wicked and detestable Arts, commonly

called witchcraft and Sorcery, maliciously and feloniously practice and

Exercise, upon the Bodyes of George Wood, and an Infant Childe of

Ann  Rogers, by which said Arts, the said George Wood and the
Infant Childe (as is suspected) most dangerously and mortally fell
sick, and languisht unto death.  Ralph Hall, what does thou say for
theyselfe, art thou guilty, or not guilty?"

-- Witchcraft Charge Read Against Ralph Hall on October 2, 1665.

The witch hunt was underway.  George Wood had grown sick, languished, and died.  After his death, his widow had a child who also grew sick, languished, and died.  Something was terribly wrong in the English settlement of Seatalcott (also known as Setauket) on Long Island (today's Town of Brookhaven).  The only explanations for such incomprehensible losses were the "wicked and detestable Arts" known as "witchcraft and Sorcery."  A monumental witch hunt followed.

In 1665, New Yorkers Ralph and Mary Hall found themselves battling for their lives.  The pair was accused of using witchcraft and sorcery beginning on Christmas day, 1664 and at various times thereafter to cause the sicknesses and subsequent deaths of George Wood and the new baby of his widow, Ann Rogers.  The Constable and Town officials of Seatalcott charged the pair with murder by sorcery and witchcraft.  Ralph and Mary Hall were dragged before  the first session of the first Court of Assizes for the Colony of New York.

The Court of Assizes for the Colony of New York was established under the Duke's Laws in 1665.  The first session of the Court began on September 28, 1665 at New York before the Governor of the Colony, his Council, and the Justices of the Peace of the so-called East Riding of Yorkshire, a judicial district that was "ridden" on horseback by Justices of the Peace to dispense justice and that included Long Island.  The court's calendar in that first session has been described as follows:

"Thirteen actions were entered for trial, one original suit between Jno Richbell vs. Inhabitants of Huntington to be tried by the special warrant from the Governor; six appeals from Court of Sessions of Gravesend and other towns including one from the Mayors Court of New York; four bills in equity:  one action on the case and one of 'Trespasse.'"

Source:  Christoph, Peter R. & Christoph, Florence A., eds., New York Historical Manuscripts:  English -- Records of the Court of Assizes for the Colony of New York, 1665-1682, p. 1 (Baltimore, MD:  Genealogical Publishing Co., Inc. 1983).

One of the thirteen actions tried by the new Court of Assizes during that first session in the fall of 1665 was the murder trial of Ralph and Mary Hall.  That trial was held in an adjourned session of the court on October 2, 1665.  The court met "at New Yorke on the Island of Manhattan."

The Stadt Huys (i.e., City Hall) Where the Court of Assizes Met

and Where Ralph and Mary Hall Were Tried on October 2, 1665.

Drawing by J. Carson Brevoort Prepared from a 1679 Sketch by

Jasper Danckaerts, and Printed as a Lithograph in 1867.

NOTE:  Click on Image to Enlarge.

The Sheriff of New York, Allard Anthony, escorted the pair into Court that day.  In the courtroom was a jury of twelve:  Foreman Thomas Baker of Easthampton, Captain John Symonds of Hempstead, "Mr. Hallet" and Anthony Waters of Jamaica, Thomas Wandall of Marshpath Kills, "Mr. Nicolls" of Stamford, and six men from New York City including famed New Yorker Jacob Leisler:  Balthazer de Haart, John Garland, Jacob Leisler, Anthonio de Mill, Alexander Munro, and Thomas Searle.

The two prisoners, Ralph and Mary Hall, were brought before Sheriff Allard Anthony who read the indictment against them.  The two likely were terrified as they faced murder charges that could cost them their lives.  Court authorities read depositions from witnesses to the jury.  Not a single witness, however, appeared in person to testify against the prisoners.

After the deposition testimony was read, the Clerk of the Court of Assizes had each of the two prisoners stand, raise their hand, and asked them how they plead:  "art thou guilty, or not guilty?"  Both pleaded not guilty and "threw themselves to bee Tryed by God and the Country."

The twelve jurors deliberated and soon returned with the following verdict:

"Wee having seriously considered the Case committed to our Charge, against the Prisoners at the Barr, and having well weighed the Evidence, wee finde that there are some suspitions by the Evidence, of what the woman is Charged with, but nothing considerable of value to take away her life.  But in reference to the man wee finde nothing considerable to charge him with."

The Court of Assizes immediately imposed sentence on the two prisoners.  The Court directed that Ralph Hall "should bee bound Body and Goods for his wives Apperance, at the next Sessions, and so on from Sessions to Sessions as long as they stay within this Government, In the meane while, to bee of and upon Entring into a Recognizance, according to the Sentence of the Court they were released."

Poor Ralph and Mary Hall seem to have fled Seatalcott/Setauket (Brookhaven).  Indeed, they seem to have fled to the island owned by Pelham founder Thomas Pell that we now know as City Island.  See Drake, Samuel G., Annals of Witchcraft in New England and Elsewhere in the United States from their First Settlement Drawn Up from Unpublished and Other Well Authenticated Records of the Alleged Operations of Witches and Their Instigator, the Devil, pp. 125-27 (NY, NY: Burt Franklin 1869) ("Under these Bonds they continued until the 21st of August, 1668, at which Time 'they were living upon the Great Miniford's Island.'").

I have written before about poor Ralph and Mary Hall and their persecution for witchcraft well before the hysteria of the Salem Witchcraft trials later in the 17th century.  See:

Bell, Blake A., Ralph and Mary Hall (Persecuted in the 17th Century for Witchcraft) Fled to the Manor of Pelham, The Pelham Weekly, Vol. XV, Issue 34, Sep. 1, 2006, p. 8, col. 2.   

Thu., Oct. 30, 2014:  Did Thomas Pell Act on Pangs of Remorse After Witchcraft Persecution Involving His Family?

Fri., May 12, 2006:  Possible Evidence that Residents of the Manor of Pelham Were Acquitted in Rare 17th Century Witchcraft Trial in New York.

It seems likely that Thomas Pell's pangs of remorse over his family's earlier involvement as witnesses at the witchcraft trial of Goody Knapp, who was executed after a finding that she was a witch, led him to allow Ralph and Mary Hall to settle on Great Minneford Island (today's City Island) that he owned.  Indeed, as I have noted before, the Reverend Nathaniel Brewster who began preaching in Setauket the same year Ralph and Mary Hall were accused by local authorities of witchcraft and sorcery was a stepson of Pelham founder Thomas Pell and preached periodically in Eastchester, once part of the Manor of Pelham until Thomas Pell sold the land to the so-called Ten Families who founded the settlement.  Brewster may well have played a role in helping Ralph and Mary Hall settle on his stepfather's island.  See Tue., Nov. 04, 2014:  Rev. Nathaniel Brewster, Stepson of Thomas Pell.

Below is a transcription of material from "New York Historical Manuscripts:  English -- Records of the Court of Assizes for the Colony of New York, 1665-1682" relating to the trial of Ralph and Mary Hall who fled Setauket on Long Island to settle on City Island in 1668.

*          *          *          *          *

"[38-43]

[CALENDAR:  Oct. 2 Trial of Ralph Hall and Mary, his wife, for witchcraft.  The prisoner was brought to the bar by Allard Anthony, sheriff of New York;  indictment by constable and overseers of Seatalcott read, charging prisoners with murder of George Wood and an infant child of Ann Rogers, widow of George Wood, by sorcery and witchcraft; several depositions are read but no witnesses appear; prisoners plead not guilty, Vedict of jury that there is sligh suspicion against the woman but nothing against the man.  Sentence of court that the man give bond for his wife's appearance at each sessions while they stay within the government and for her good behaiour.  Bond given.]

[TEXT (FROM DH4):]

At the court of Assizes held in New Yorke the 2d day of October 1665 etc.

The Tryall of Ralph and Mary his wife, upon suspicion Witchcraft.

The names of the persons who served on the Grand Jury.

Thomas Baker, Foreman of the Jury, of East Hampton.

Capt. John Symonds of Hempsteed.

Mr. Hallet             }
                             }  Jamaica
Anthony Waters   }

Thomas Wandall of Marshpath Kills.

Mr. Nicolls of Stamford

Balthazer de Haart   }
John Garland           }
Jacob Leisler            }     of New Yorke.
Anthonio de Mill       }
Alexander Munro     }
Thomas Searle        }

The Prisoners being brought to the Barr by Allard Anthony, Sheriffe of New Yorke,  This following Indictment was read, first against Ralph Hall and then against Mary his wife, vizt.

The Constable and Overseers of the Towne of Seatallcott, in the East Riding of Yorkshire upon Long Island, Do Present for our Soveraigne Lord the King, That Ralph Hall of Seatallcott aforesaid, upon the 25th day of December; being Christmas day last, was Twelve Monthes, in the 15th yeare of the Raigne of our Soveraigne Lord, Charles the Second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith etc., and severall other dayes and times since that day, by some detestable and wicked Arts, commonly called Witchcraft and Sorcery, did (as is suspected) maliciously and feloniously, practice and Exercise at the said towne of Seatalcott in the East Riding of Yorkshire on Long Island aforesaid, on the Person of George Wood, late of the same place by which wicked and detestable Arts, the said George Wood (as is suspected) most dangerously and mortally sickned and languished, And not long after by the aforesaid wicked and detestable Arts, the said George Wood (as is likewise suspected) dyed.

Moreover, The Constable and overseers of the said Towne of Seatalcott, in the East Riding of Yorkshire upon Long Island aforesaid, do further Present for our Soveraigne Lord the King, That some while after the death of the aforesaid George Wood, The said Ralph Hall did (as is suspected) divers times by the like wicked and detestable Arts, commonly called Witchcraft and Sorcery, Maliciously and feloniously practise and Exercise at the said Towne of Seatalcott, in the East Riding of Yorkshire upon Long Island aforesaid, on the Person of an Infant Childe of Ann Rogers, widdow of the aforesaid George Wood deceased, by which wicked and detestable Arts, the said Infant Childe (as is suspected) most dangerously and mortally sickned and languished, and not long after by the said Wicked and detestable Arts (as is likewise suspected) dyed, And so the said Constable and Overseers do Present, That the said George Wood, and the said Infante said Childe by the wayes and meanes aforesaid, most wickedly maliciously and feloniously were (as is suspected) murdered by the said Ralph Hall at the times and places aforesaid, against the Peace of Our Soveraigne Lord the King and against the Laws of this Government in such Cases Provided.

The like Indictment was reade, against Mary the wife of Ralph Hall.

Therer upon, severall Depositions, accusing the Prisoners of the fact for which they were endicted were read, but no witnesse appeared to give Testimony in Court vive voce.

Then the Clarke calling upon Ralph Hall, bad him hold up his hand, and read as followes.

Ralph Hall thou standest here indicted, for that having not the feare of God before thine eyes Thou did''st upon the 25th day of December, being Christmas day last was 12 Moneths, and at severall other times since, as is suspected, by some wicked and detestable Arts, commonly called witchcraft and Sorcery, maliciously and feloniously practice and Exercise, upon the Bodyes of George Wood, and an Infant Childe of Ann Rogers, by which said Arts, the said George Wood and the Infant Childe (as is suspected) most dangerously and mortally fell sick, and languisht unto death.  Ralph Hall, what does thou say for theyselfe, art thou guilty, or not guilty?

Mary the wife of Ralph Hall was called upon in like manner.

They both Pleaded not guilty and threw themselves to bee Tryed by God and the Country.

Where upon, their Case was referr'd to the Jury, who brought in to the Court, this following verdict vizt.

Wee having seriously considered the Case committed to our Charge, against the Prisoners at the Barr, and having well weighed the Evidence, wee finde that there are some suspitions by the Evidence, of what the woman is Charged with, but nothing considerable of value to take away her life.  But in reference to the man wee finde nothing considerable to charge him with.

The Court there upon, gave this sentence, That the man should bee bound Body and Goods for his wives Apperance, at the next Sessions, and so on from Sessions to Sessions as long as they stay within this Government, In the meane while, to bee of and upon Entring into a Recognizance, according to the Sentence of the Court they were released.

[MOULTON:  The most extraordinary trial that occurs in the annals of our juridical history took place at this first Court of Assize.  It was a trial for suspicion of witchcraft on the 2 Oct. 1665.

A list of the Grand jury (12) were named

The prisoners were Ralph Hall and Mary his wife.  The prisoner being brought to the bar by the sheriff of New York the Indictment was read, viz:  The Constable and overseers of the Towne of Seatalcott, in the East Riding of Yorkshire upon Long Island do present for our Sovereign Lord the King that Ralph Hall of Seatalcott aforesaid upon the 25 Dec. being Christmas day last past and severall other dayes and times since that day by some detestable and wicked Arts comonly called Witchcraft and Sorcery, did (as is suspected) maliciously and feloniously practice and excercise at the said towne etc. on the person of George Wood by which wicked and detestable Arts the said George Wood (as is suspected) Most dangerously and Mortally sickened and languished and not long after etc. dyed.'

Another count in the Indictment charges him with like wicked and detestable art of witchcraft (as is suspected) practiced afterwards upon an infant child of the widow of said Wood, by which the child also died.  And so the said Constable and overseers do present that the said George Wood and the said Infant childe by the ways and meanes aforesaid were (as is suspected) murdered by said Ralph Hall etc.

The like Indictment was read against Mary the wife of Hall.

Whereupon depositions of witnesses accusing prisoners of the fact were read but no witnesses appeared to give testimony in court viva voce.

The prisoners were then separately called for by the 'Clarke' to hold up their hands while he recapitulated the substance of the Indictments.

They both pleaded not guilty and threw themselves to be tried by God and the country.

Whereupon their case was referr'd to the Jury who brought into Court this verdict, viz:  We having seriously considered the case committed to our charge against the Prisoners at the Barr and having well weighed the Evidence Wee finde that there are some suspitions by the Evidence, of what the woman is charged with, but nothing considerable of value to take away her life.  But in reference to the man we finde nothing considerable to charge him with.  'The Court thereupon gave this pretence that the Man should be bound body and goods for his wife's appearance at the next sessions, and so on from sessions to sessions, as long as they stay within this Government.  In the mean while 'to live of the good Behavior.'  So they were returned into the sheriff's custody and upon Entering into a Recognizance according to the sentence, they were released.]"

Source:  Christoph, Peter R. & Christoph, Florence A., eds., New York Historical Manuscripts:  English -- Records of the Court of Assizes for the Colony of New York, 1665-1682, pp. 9-12 (Baltimore, MD:  Genealogical Publishing Co., Inc. 1983).

Archive of the Historic Pelham Web Site.
Home Page of the Historic Pelham Blog.
Order a Copy of "The Haunted History of Pelham, New York"
Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

Original Efforts to Establish City Island Ferry Services During the 1760s

Archive of the Historic Pelham Web Site.

Home Page of the Historic Pelham Blog.

Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."

In a prior posting to the Historic Pelham Blog, I noted that a rope-hauled ferry once run by the Way Brothers operated to connect City Island to the mainland for a fifty-year period prior to construction of the first City Island Bridge in 1868.  See Fri., Mar. 13, 2015:  An Important History of the City Island Bridge Built in 1868 and the Way Brothers' Ferry That Preceded It.  That posting noted:

"Before this bridge [the first City Island Bridge] was constructed, the travel from the main land to City Island was by means of a very primitive ferry, in the form of an old flat scow, similar to the conventional mud scow of to-day. This scow had a flat deck, with a low railing on each side to prevent horses and other animals, from backing off into the water. To each end of this scow was fastened a large cable or rope long enough to reach across the water when the scow was pulled across. 

"In order that the rope should not float and impede navigation on the water that divided the Island from the main land, heavy iron weights were fastened on the rope that that it would sink to the bottom of the river. This primitive ferry was operated by the Way Brothers, who, when the scow had a load, would give a signal and then, with the assistance of two or three men, would walk along the banks and draw the boat across, in the same manner as a horse draws a boat along a tow path. 

"The ferry charged a toll; twenty-five cents for a team, fifteen cents for a single horse and five cents for a man, hog, sheep or goat. This old ferry had been in use more than fifty years up to the time when the City Island bridge was built."

Id. (quoting CITY ISLAND'S HISTORIC BRIDGE -- A SKETCH OF ITS ORIGIN -- To be Replaced by a Modern Iron Structure, Mount Vernon Daily Argus [Mount Vernon, NY], Jul. 23, 1898, Vol. XXVI, No. 1926, p. 1, cols. 4-5.).

Scow of the Sort Once Drawn by Hand by Men Using

Rope System To Travel from the Mainland to City

Island.  Source:  Otis, James, Peter of New Amersterdam:

A Story of Old New York (Project Gutenberg, 2013)

(Available for "use of anyone anywhere at no cost

and with almost no restrictions whatsoever"). NOTE:

Click Image to Enlarge.

The ferry service once operated by the Way Brothers was not, however, the earliest ferry service that connected City Island to the mainland.  Additionally, there was early ferry service that connected the island to Long Island.  

According to a manuscript entitled "Number one, Book of Laws, ordered by the Community of Minneford's Island, made the tenth day of May, one thousand, seven hundred and sixty-three" held by the New-York Historical Society, on May 10, 1763 residents of City Island (then known as Minneford's Island" authorized a ferry at the northern end of the island to connect it with Rodman's Neck on the mainland.  The ferry was to operate around the clock ("Day Light to Day Light") and it was directed that the ferryman "shall not fail to give good attendance Durering and for the ensuing year from the date hereof, and likewise to keep a sufficient craft to take in a horse and chair, or two horses."  The City Islanders further authorized a toll as follows:  "the ferry man shall receive for each chair and horse not to exceed the sum of one shilling and sixpence, and for each person the said ferry man not to exceed the sum of four coppers for each time crossing said ferry."  That year, the ferry license was awarded to the "best and fairest bidder," a woman known as "Mrs. Deborah Hicks."

Three years later City Islanders authorized a ferry service to connect the south end of Minneford's Island with the opposite shore of Long Island.  The ferry franchise was established on May 13, 1766 and was leased to John Barnes for a term of five years.  

Soon after the authorization of ferry service to Long Island, the residents of the island designated a group of residents to act as a committee and serve as "Proprietors of the Island" -- local representative government in its infancy.  The Proprietors of Minneford's Island soon were faced with disputes over apparent misuse and abuse of the ferry system by residents attempting to transport too many farm animals at one time.  Indeed, at a "meeting of the committee of the Proprietors of Minford's Island" held at the home of Isaac Barnes on May 11, 1765, the Committee ordered:

"that no owner or proprietor of the said Island, not residing thereon, shall put or caus to be put on more than twoo creatures of any kind; likewise, any owner or inhabitant living and residing upon the said Island may bring on twoo cows, if a twoo wheld carriage, one horse, and if a waggon two horses p'r. each right; any person, proprietor, owner or inhabitant disobey these  orders and putting on more than the No. above written, must expect to have them put in common pound and dealt with according to law, &c."

Robert Bolton detailed these developments regarding early City Island ferry service in the second edition of his seminal two-volume history of the County of Westchester published in 1881.  A pertinent excerpt of Bolton's description appears immediately below, followed by a citation and link to its source.

"In the possession of the New York Historical Society, is an ancient MSS entitled, 'Number one, Book of Laws, ordered by the Community of Minniford's Island, made the tenth day of May, one thousand, seven hundred and sixty-three.'  From which we take the following:

'May 10th, 1763, this day, we, the Community of Mineford's Island, have thought proper to apoint a stated ferry acroost from Mr. Samuel Rodman's Neck to said Island, in manner and form as followeth:  The ferryman to keep a good sufficient craft to ferry a man or men acroost from Mr. Rodmans Neck to said Island, and from said Island to the neck, at all times and from Day Light to Day Light, and shall not fail to give good attendance Durering and for the ensuing year from the date hereof, and likewise to keep a sufficient craft to take in a horse and chair, or two horses in manner and form as abovesaid, and the ferry man shall receve for each chair and horse not to exceed the sum of one shilling and sixpence, and for each person the said ferry man not to exceed the sum of four coppers for each time crossing said ferry, &c.'

The same year the ferry at the north end of said island was disposed of to the best and fairest bidder, viz:  Mrs. Deborah Hicks.  On the 13th of May, 1766, Jeremiah Fowler was ferryman; 11th of June 1776, the ferry was sold to John Bridgewater.

The ferry across from the south end of Minneford's Island, to the opposite shore of Long Island, was established 13th of May, 1766, and let to John Barnes for the term of five years.

'On the 14th day of June, 1763, Isaac Barnes, Benjamin Palmer, John Barnes, Enock Hunt, Joseph Mullinix and Joseph Palmer were chosen by the proprietors trustees of the island.'  The year following, '8th of May, Capt. John Wooley, Israel Pinckney, Aaron Hunt, Benjamin Palmer, Isaac Barnes and Caleb Hunt were appointed the committee, and Benjamin Palmer, clerk and treasurer, to the proprietors of the Island for one year.'  [Page 77 / Page 78]

'At a meeting of the committee of the Proprietors of Miniford's Island, assembled at the house of Isaac Barnes, the 11th day of May, 1765,

'Present:

'MOSES OWENS,      }         {SAMUEL RICE,
DUNCAN CAMPBELL}         {JOSEPH PALMER.'

'The committee ordered that no owner or proprietor of the said Island, not residing thereon, shall put or caus to be put on more than twoo creatures of any kind; likewise, any owner or inhabitant living and residing upon the said Island may bring on twoo cows, if a twoo wheld carriage, one horse, and if a waggon two horses p'r. each right; any person, proprietor, owner or inhabitant disobey these  orders and putting on more than the No. above written, must expect to have them put in common pound and dealt with according to law, &c.' a

[Footnote "a" reads as follows:  "a  In May, 1770, Isaac Barnes had two cows, 2 yearlings and 1 colt, making in all 5 head; Benjamin Palmer, 2; Joseph Muleux, 1; Dukin Campble, 5; Minor Hillard, 10; John Pinkney, 4; John Barnes, 2; Markos Baxter, 4; Deborah Hicks, 8; Widow Brucks, 4."]"

Source:  Bolton, Robert, The History of the Several Towns, Manors, and Patents of the County of Westchester, From Its First Settlement to the Present Time Carefully Revised by its Author, Vol. II, pp. 77-78 (NY, NY:  Chas. F. Roper, 1881) (edited by C. W. Bolton).

Archive of the Historic Pelham Web Site.

Home Page of the Historic Pelham Blog.

Order a Copy of "Thomas Pell and the Legend of the Pell Treaty Oak."