Take the Money and Run: Pelham Town Supervisor Sherman T. Pell and the Worst Political and Financial Scandal in Pelham History

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Small town scandals inevitably set small town tongues wagging.  Pelham tongues were wagging from Pelhamville to City Island during the spring and summer of 1893.  Democrat Sherman T. Pell, who had just completed seven years of service as Town Supervisor but recently had been defeated in his bid for reelection, had disappeared.  So too, it seems, had much of the Town’s money.  Rumors swirled.  Pell was on the run.  Pell was in Pittsburgh.  He was in Florida.  He was in South America. 

This is the sad story of the worst political and financial scandal in Pelham history.  It involved Sherman T. Pell who took the money and ran. 

Background 

Sherman T. Pell was a son of Samuel Pell.  Samuel Pell, in turn, was a descendant of John Pell, so-called Second Lord of the Manor of Pelham (the first of the Pell family to reside, permanently, in the Manor of Pelham).  According to one account, by 1850 Samuel Pell lived on City Island in the Town of Pelham working as an oysterman.  Known as “Captain Pell”, he married Elizabeth Scofield and built a Second Empire style home that still stands at 586 City Island Avenue.  The couple had twelve children including Sherman T. Pell, the oldest son (born in 1853).  

The Samuel Pell House that Still Stands at 586 City Island Avenue,

Built in About 1876.  NOTE:  Click on Image to Enlarge.

It is believed that before his marriage Sherman T. Pell lived for a short time in the Samuel Pell House after it was built in about 1876.[1] Shortly after Samuel Pell built his beautiful home, Sherman T. Pell married Alzina Aurelia Rowland.  The couple had two children.

Detail from a Samuel Pell Family Photograph Showing a Young

Sherman T. Pell Standing Behind His Mother, Elizabeth Scofield

Pell, at About the Age of Fourteen.  This May Be the Only Surviving

Photograph of Sherman T. Pell.  NOTE:  Click on Image to Enlarge.

As a young man, Sherman T. Pell worked as a “provision merchant” in the South Street Seaport.[2]   His firm, Seymour & Pell located at 237 Front Street in New York City, seems to have run into some difficulty in 1883.  In an account entitled “Business Embarrassments”, The New York Times reported: 

“Bradford S. Seymour and Sherman T. Pell, comprising the firm of Seymour & Pell, wholesale provision-dealers at No. 237 Front-street, made an assignment yesterday to Henry C. Henderson, giving a preference to [Sherman Pell’s father] Samuel Pell for $7,807.15.  They succeeded J. W. Norris & Co., in September, 1879”[3] 

According to another account, thereafter Sherman Pell “entered the real estate business.”[4] 

Sherman Pell Enters Pelham Politics 

Sherman Pell reportedly was popular in Pelham.  People remarked that he carried the town “in his pocket.”[5]   In 1885, Pell ran as a Democrat against Republican Robert H. Scott for Town Supervisor of Pelham.  The election was a close one.  Scott beat Pell by ten votes.[6] 

The following year, Sherman Pell ran once again against Republican Robert H. Scott for Town Supervisor.  The election was even closer than the previous one.  On March 30, 1886, Sherman Pell won the election by a single vote, but not without the shadow of scandal. 

Pell’s Republican opponent announced that he intended to contest the election.  He alleged that Democrats had imported non-resident paupers from Hart Island to vote for Pell.  According to one account, Scott said he would contest the election results “on the ground that 25 persons who voted for Mr. Pell were brought over from Hart’s Island, and that two-thirds of them were New-York paupers having no right to vote.”[7] 

Election authorities declared Pell the winner of the 1886 election.  Pell then worked tirelessly to consolidate his political power.

The Postmaster Flap 

Soon Sherman T. Pell became known as “The little Democratic Napoleon of Pelham.”[8]   He called in political favors and had himself appointed as local postmaster by the Democrat Grover Cleveland administration after he worked tirelessly toward Cleveland’s first term victory.[9] 

The ham-handed way Pell gained the postmaster’s position and its $1,600 salary (about $56,000 in today’s dollars) upset most of the Town of Pelham.  At the time, the acting postmaster was a popular City Island resident named James Hyatt.  According to one news report, in seeking the appointment, Pell called in favors owed him by ex-Assemblyman Billy Catlin of Rye who was well-known to President Cleveland and had done him “valuable service.”[10] 

When Pelhamites learned what Pell was trying to do, they circulated a petition opposing Pell’s appointment and asking that the acting postmaster, James Hyatt, be appointed permanently.  According to one report, 190 of the 238 voters on City Island signed the petition.[11] 

The petition was presented to the Grover Cleveland administration.  Cleveland promptly appointed Sherman T. Pell as postmaster, effectively ending James Hyatt’s employment.  Pelhamites were “indignant at the insult which the President has put upon them by his deliberate disregard of their wishes.”[12] 

Not long afterward, another local dispute foreshadowed what was to come.  Sick of Pell’s heavy-handed tactics, Town officials began calling for an investigation of him in 1890.  A New York City newspaper, writing of the dispute, stated: 

“Justice of the Peace John P. Hawkins accused Supervisor Sherman T. Pell of trying to ‘boss’ the town, of mismanaging its finances, failing to report his transactions to the Justices, and acting generally in so negligent a way that the tax rate has been raised very materially.”[13] 

A group of Pelham residents decided to act.  Twenty-five of them filed a special petition to commence a proceeding before New York Supreme Court Justice Bartlett seeking “a summary investigation of the financial affairs” of the Town on the grounds that “public moneys are being unlawfully and corruptly expended.”[14] Justice Bartlett promptly dismissed the proceeding, finding that the petition was based on mere rumors and lacked the factual allegations necessary to support entry of an order directing an investigation of Town of Pelham finances.[15] 

Sherman Pell had defeated his opponents again.  That said, local residents were sniffing around the edges of his administration and Town finances.  Pell, however, was emboldened.  He sued one of the principal proponents of the petition, John F. Scheller of City Island, for defamation, seeking $10,000 in damages.[16] 

First the provisioning business failure, then allegations of voting fraud, then calling in political favors to destroy a man’s livelihood for his own benefit, claims that Pell acted as a Democrat “Boss” who was mismanaging Town finances, failing to report financial transactions, and driving up the Town tax rate, and now a court proceeding asking for a financial investigation of Pell – what might be next?  Pelham soon would learn. 

The 1893 Town Supervisor Election 

For the next couple of years, Pell secured successive, close (and some would say “suspect”) reelections to retain his position as Town Supervisor.[17]   In 1893, however, Pell faced stiff competition in his reelection bid from Republican William McAllister.  The 1893 Town Supervisor election turned out to be Pelham’s own version of the hanging chad dispute that marked the 2000 U.S. presidential election. 

On Tuesday, March 28, voters in Pelham went to the polls to choose between Pell and McAllister.  Early the next morning, The New York Times reported that Democrat Sherman T. Pell had won the election.[18] 

The following day, however, the Times retracted its report, saying “William McAllister, Republican, was elected in the town of Pelham, instead of Sherman T. Pell, Democrat.”[19]   Subsequent reports indicated that on election night, “the count showed that Mr. McAllister had been successful by a narrow margin of two or three votes."[20]   Pell demanded a recount. 

Two constables reportedly guarded the ballots for nearly a week “to prevent their being tampered with.”[21]   On April 6 a recount gave Sherman T. Pell an incredible sixty-five vote lead.  According to one account: 

“An examination of the ballots to-day showed that the apparent majority of Mr. McAllister had been caused by an error on the part of some of the Inspectors.  In many cases the Inspector in detaching the numbered stubs had failed to follow the scored line, and in this way had torn into the tickets and thus cut off Mr. Pell’s name.  The recount gives Mr. Pell a majority over Mr. McAllister of sixty-five votes.”[22] 

Pelham Republicans cried foul and demanded another recount.  When the Town Board (led by Sherman T. Pell) refused, the Republicans applied to New York Supreme Court Justice Jackson O. Dykman (also known as J. O. Dykman) in White Plains for an order directing such a recount.  Justice Dykman issued the order, but four members of the Town Board still refused to conduct the recount:   Sherman T. Pell, John P. Hawkins, Charles Wand, and Ethan Waterhouse.[23] 

Justice Dykman had a simple solution to the standoff.  He imposed $250 fines against each of the four men, held them in contempt of court, sentenced them to imprisonment for thirty days in the county jail and issued arrest warrants to be executed by the Sheriff.[24]   Soon the Republican candidate, McAllister, was declared the winner. 

It turned out that there was a significant reason that Pell had orchestrated such a vigorous scam to retain his elected position.  He had been engaged in a fraud involving Town funds for years.  The jig was up.

Where Is Mr. Pell? 

In early May, William McAllister called on ex-Supervisor Pell and asked for the Town’s account books and moneys.  According to McAllister, “Mr. Pell then stated that he would deliver all books, vouchers, and moneys to me on Thursday, May 18.”[25] 

McAllister dutifully appeared on Mr. Pell’s doorstep on May 18.  McAllister later told one reporter: 

“’his wife informed me that he had sent her a message from New-York City by his brother, Henry Pell, stating that he was compelled to go to Pittsburg on business and thus could not keep his appointment with me.  I have called at Mr. Pell’s residence every day this week, and his wife has stated to me that she had received no word from her husband, and that she did not know where he was.  I hope Mr. Pell will return and thus put an end to the various ugly rumors that have been put in circulation.  If he does not return we will be compelled to take legal measures.  What these measures will be I cannot say, as the matter is now in the hands of my counsel, Martin J. Keogh.’”[26] 

Ex-Supervisor Pell had provided a $10,000 bond in support of the good faith discharge of his fiduciary duties as Town Supervisor.  There were several additional bondsmen including his father, Samuel Pell.[27]   Soon the additional bondsmen wished they had never agreed to bond Sherman Pell’s performance of his duties.  Indeed, Samuel Pell eventually was required to sell his house as a consequence of his son's dishonesty.

The newly-installed Town Board tried its best to audit Sherman T. Pell’s accounts.  Initially the Board concluded “there was an apparent balance of moneys in his hands of $1,700.”[28]   According to one report: 

“Nobody knows where that money is, nor does anybody know where Mr. Pell is.  He has been away from home for several days, and his counsel is reported to have said that he is in Florida looking after legal matters connected with the Carll estate which have arisen through a recent decision of the Court of Appeals giving a grant of land under water. In the absence of the ex-Supervisor’s books it is impossible to say how much he has taken in since his account was audited and how much he ought to turn over to his successor.  He officially receives the taxes collected by the Receiver of the town, back taxes, excise moneys &c.  The amount is variously estimated at from $8,000 to $10,000. It is not supposed that the town will lose anything, even if Mr. Pell is unable to meet the demands made upon him by the Town Board, as one of his bondsmen is James Hyatt, a wealthy City Island butcher.  Mr. Hyatt was Mr. Pell’s predecessor in office. [sic]”[29] 

Another report indicated that an audit of Pell’s accounts on March 27, 1893 showed a cash balance remaining in his hands of $8,585, but it was believed that “the total at this date will considerably exceed that sum.”[30] 

Little did they know the extent of Sherman T. Pell’s defalcations.

The Scandal Grows Darker 

By June 10, 1893, the extent of Pell’s scheme was becoming clearer.  For years Pell had executed notes on behalf of the Town, forged the signature of the Town Clerk, and sold the forged bonds on Wall Street to obtain funds ostensibly on behalf of the Town.  According to a variety of reports, in this fashion he raised amounts that totaled between $30,000 and $100,000.[31]   All of the money – and Pell – remained missing.  Moreover, Sherman T. Pell left his wife behind.  He also left his father, Samuel, and his brother, Percy, holding the bag.  They were two of his bondsmen who had provided $10,000 bonds to secure the honest performance of Sherman Pell’s duties as Town Supervisor. 

Pell’s scheme was devilishly simple.  State law at the time required the collectors of taxes in the various Towns of Westchester County to provide Town Supervisors with a sworn statement of unpaid taxes owed by Town taxpayers.  On or before May 1 each year, each Town Supervisor was authorized “to borrow, upon the credit of the town, a sum not exceeding the amount of the unpaid taxes” reported by the collector for use of the Town.[32]   Pell dutifully arranged for such borrowings from a single bank each year with the full knowledge and participation of the Town Clerk.  However, he also went to other banks and presented multiple sets of forged “certificates” for the same authorized amounts of unpaid taxes (i.e., municipal bonds) that he sold to different banks to avoid detection.  In this fashion he collected tens of thousands of dollars about which no one in Pelham knew until it was too late. 

As things turned out, Pell’s house of cards had begun to collapse more than a year before he lost the election in March 1893.  Broadway Savings Institution of the City of New York acquired seven of the forged notes.  In February 1892, the bank commenced an action against the Town of Pelham seeking $6,800 payment on the seven notes.  The summons in the action reportedly was served on then Supervisor Pell, but he “put in no defense and judgment was taken against the town by default and was entered April 2, 1893.”[33] 

These seven notes were not the only ones Pell had forged.  By June 10, the Town of Pelham was aware of seven additional notes held by Broadway Savings Institution of the City of New York totaling an additional $7,600.  Other banks in Westchester County held even more such notes.  As The New York Times reported on June 11, 1893, “the financial affairs of the town are beginning to look worse than most of the townsfolk had expected.”[34] 

Supervisor McAllister was the first to discover the extent of Pell’s scheme.  Shortly after he became Town Supervisor, he learned of the default judgment entered against the Town.  He obtained copies of the notes and viewed the originals in the bank’s possession.  He arranged for the bank to show the original notes to the Town’s counsel and to the Town Clerk who confirmed that the “signatures” were forgeries.[35] 

Lawsuits Fly 

The Town of Pelham applied to New York Supreme Court to set aside the default judgment entered against it on the grounds that the notes were unlawfully issued and that the Town Clerk’s countersigning signatures were forgeries.  The Court set aside the default judgment and reopened the case for further proceedings.[36] 

The bank, in turn, commenced at least one additional lawsuit against the Town of Pelham on the seven additional notes.[37]   Other banks sued to recover on other notes.  In late July or early August 1893, the Town of Pelham filed a civil action against Sherman T. Pell, Samuel Pell and Percy W. Pell to recover on the $10,000 bond.[38] 

Bondsman Samuel Pell, Sherman’s father, saw the handwriting on the wall.  He sold his home to one of his daughters shortly before the Town of Pelham sued him on the bond.  According to one account: 

“On June 30th [1893], a little over a month before the Town of Pelham brought suit against him and Percy for $10,000, Samuel Pell sold [his house on City Island] and the lots on the west side of Main Street to his daughter Lydia Scofield, who had inherited considerable property from her late husband and had developed an extensive and successful real estate business.”[39] 

Initially, a verdict was rendered against the Town of Pelham finding the Town liable to Broadway Savings Institution of the City of New York to pay off seven notes worth $7,600, $85 interest and an additional $250 “allowance.”[40]   An appellate court quickly overturned that decision, directing that a new trial be held.[41] 

Things got even more interesting when New York City annexed portions of Pelham including City Island in 1895.  New York City assumed the “debts” represented by the forged bonds and took over the defense of the actions by the Broadway Savings Institution and several other savings banks seeking payment on the notes.  According to a report published in 1898, the case was tried before Justice Smith of the New York Supreme Court in the spring of 1898 and a verdict was rendered in favor of the City.[42]   This meant the banks would have to bear the losses.

Conclusion 

Sherman T. Pell, as they say, was never heard from again.  A news account published years later in 1906 claimed that Pell was “said to have died in South America a few years later, a penniless tramp.”[43]   Other accounts suggest that he fled to Florida though nothing more was heard of him.[44] Sherman Pell's wife, Alzina Aurelia Rowland Pell, soon moved to Brooklyn, then to Belvedere, California, and died in Los Angeles in 1929.  Census records for the intervening years before her death list her as a "widow."

Captain Samuel Pell, Sherman Pell’s proud father who had been forced to sell his beloved home on City Island, died in 1894 shortly after the scandal broke.[45]   Pelham weathered the defalcations and dishonesty of Sherman T. Pell, apparently without serious financial loss.  But the scheme did have an impact on Pelham.  Among other things, construction of the original firehouse located in Pelhamville (on Fifth Avenue on today’s parking lot next to the present firehouse) was delayed until early 1895 because another appropriation had to be made and levied in taxes due to financial uncertainties created by the scandal.[46]

ENDNOTES

[1] New York City Landmarks Preservation Commission, Samuel Pell House, 586 City Island Avenue, Borough of the Bronx, Built c. 1876,  p. 3 (Oct. 29, 2002) < http://s-media.nyc.gov/agencies/lpc/lp/2115.pdf > (visited Nov. 23, 2019). 

[2] Id. 

[3] Business Embarrassments, N.Y. Times, Apr. 14, 1883, Vol. XXXII, No. 9861, p. 8, col. 2 < https://www.newspapers.com/image/20489199/ > (visited Nov. 23, 2019).  See also Business Troubles, The Brooklyn Union [Brooklyn, NY], Apr. 19, 1883, Vol. XX, No. 183, p. 1, col. 8 < https://www.newspapers.com/image/541840896/ > (visited Nov. 23, 2019). 

[4] Samuel Pell House, supra, n.1, p. 3. 

[5] No Tidings Yet of Mr. Pell, N.Y. Times, May 28, 1893, Vol. XLII, No. 13,029, p. 9, col. 7 < https://www.newspapers.com/image/20536988/ > (visited Nov. 23, 2019). 

[6] City and Suburban News – Westchester County, N.Y. Times, Apr. 2, 1885, p. 8, col. 5 < https://www.newspapers.com/image/20355513/ > (visited Nov. 23, 2019). 

[7] Westchester County, N.Y. Times, Apr. 3, 1886, Vol. XXXV, No. 10,791, p. 8 col. 3 < https://www.newspapers.com/image/20503908/ > (visited Nov. 23, 2019). 

[8] City Island, The Daily Argus [Mount Vernon, NY], Dec. 16, 1892, p. 1, col. 7 < https://fultonhistory.com/Newspaper%2018/Mount%20Vernon%20NY%20Daily%20Argus/Mount%20Vernon%20NY%20Daily%20Argus%201892/Mount%20Vernon%20NY%20Daily%20Argus%201892%20-%200853.pdf  > (visited Nov. 23, 2019). 

[9] National Capital Notes, Democrat and Chronicle [Rochester, NY], Apr. 19, 1888, p. 1, cols. 4-5 < https://www.newspapers.com/image/135100307/ > (visited Nov. 23, 2019); Lord Pell’s Descendant Gets an Office, The Evening World [NY, NY], Apr. 19, 1888, Evening Edition, p. 1, col. 3 < https://www.newspapers.com/image/50639419/ > (visited Nov. 23, 2019). 

[10] City Island’s “Reform” Postmaster, New-York Tribune, May 4, 1888, Vol. XLVIII, No. 15,146, p. 10, col. 3 < https://www.newspapers.com/image/85633796/ > (visited Nov. 23, 2019). 

[11] Id. 

[12] Id. 

[13] Pelham’s Little Row, The Sun [NY, NY], May 23, 1890, Vol. LVII, No. 265, p. 2, col. 5 < https://fultonhistory.com/Newspaper%209/New%20York%20NY%20Sun/New%20York%20NY%20Sun%201890%20Feb-July%20Grayscale/New%20York%20NY%20Sun%201890%20Feb-July%20Grayscale%20-%201382.pdf > (visited Nov. 23, 2019). 

[14] Pelham Won’t Be Investigated, The Brooklyn Daily Times [Brooklyn, NY], Aug. 20, 1890, p. 1, col. 8 < https://www.newspapers.com/image/555837424/ > (visited Nov. 23, 2019). 

[15] Id. 

[16] Campaign Lies and Libels, The Standard Union [Brooklyn, NY], Apr. 3, 1891, Vol. XXVIII, No. 7, p. 2, col. 4 < https://www.newspapers.com/image/542270223/ > (visited Nov. 23, 2019). 

[17] See Barr, Lockwood, A BRIEF,  BUT MOST COMPLETE & TRUE ACCOUNT OF THE SETTLEMENT OF THE ANCIENT TOWN OF PELHAM WESTCHESTER COUNTY, STATE OF NEW YORK KNOWN ONE TIME WELL & FAVOURABLY AS THE LORDSHIPP & MANNOUR OF PELHAM ALSO THE STORY OF THE THREE MODERN VILLAGES CALLED THE PELHAMS, p. 172 (Richmond, VA: The Dietz Press 1946) < https://www.ancestry.com/interactive/21802/dvm_LocHist007642-00057-0 > (visited Nov. 23, 2019) (noting that Sherman T. Pell served as Supervisor from 1886 to 1893).  See also Elections in Westchester County, The Sun [NY, NY], Mar. 28, 1888, Vol. LV, No. 210, p. 2, col. 7 < https://www.newspapers.com/image/79114460/  > (visited Nov. 23, 2019); Westchester Elections, N.Y. Times, Mar. 27, 1889, Vol. XXXVIII, No. 11,724 p. 4, col. 6 < https://www.newspapers.com/image/20380735/ > (visited Nov. 23, 2019) (indicating Pell had been reelected Town Supervisor as a “Democrat”); Democrats in a Majority – Result of the Town Elections in Westchester County, N.Y. Times, Mar. 30, 1892, Vol. XLI, No. 12,666, p. 1, col. 3 < https://www.newspapers.com/image/20521661/ > (visited Nov. 23, 2019) (noting that early returns indicated that Sherman T. Pell likely had been reelected Town Supervisor on the Independent and Republican tickets); County Legislators 1892-3, The Daily Argus [Mount Vernon, NY], Apr. 5, 1892, Vol. 1, No. 4, p. 2, col. 1 < https://fultonhistory.com/Newspaper%2018/Mount%20Vernon%20NY%20Daily%20Argus/Mount%20Vernon%20NY%20Daily%20Argus%201892/Mount%20Vernon%20NY%20Daily%20Argus%201892%20-%200014.pdf > (visited Nov. 23, 2019) (providing a “correct list of the Supervisors elected” including “Pelham – Sherman T. Pell, Dem.”). 

[18] See Westchester Elections – Supervisors and Town Officers Chosen – Sharp Contests, N.Y. Times, Mar. 29, 1893, Vol. XLII, No. 12,978, p. 5, col. 2 < https://www.newspapers.com/image/20507176/ > (visited Nov. 23, 2019). 

[19] Westchester County Supervisors, N.Y. Times, Mar. 30, 1893, Vol. XLII, No. 12,979, p. 9, col 3 < https://www.newspapers.com/image/20508111/ > (visited Nov. 23, 2019). 

[20] See Trouble at City Island, The Evening World [NY, NY], Apr. 6, 1893, p. 4, col. 2 < https://www.newspapers.com/image/78944284/ > (visited Nov. 23, 2019).  See also Mr. Pell Is Supervisor of Pelham, N.Y. Times, Apr. 7, 1893, Vol. XLII, No. 12,986, p. 5 col. 4 < https://www.newspapers.com/image/20513235/ > (visited Nov. 23, 2019). 

[21] Id. 

[22] Id. 

[23] Pelham Citizens To Be Fined – Judge Dykman Declares Them in Contempt for Not Recounting the Town Vote, N.Y. Times, Apr. 30, 1893, Vol. XLII, No. 13,005, p. 3, col. 4 < https://www.newspapers.com/image/20525216/ > (visited Nov. 23, 2019). 

[24] Id. 

[25] Ex-Supervisor Pell Missing – Considerable Money of the Town of Pelham in His Hands, N.Y. Times, May 27, 1893, Vol. XLII, No. 13,029, p. 10, col. 6 < https://www.newspapers.com/image/20536372/ > (visited Nov. 23, 2019). 

[26] Id. 

[27] Id.  See also No Tidings Yet of Mr. Pell, N.Y. Times, May 28, 1893, Vol. XLII, No. 13,029, p. 9, col. 7 < https://www.newspapers.com/image/20536988/ > (visited Nov. 23, 2019). 

[28] Id. 

[29] Id. 

[30] Ex Supervisor Pell Missing, Buffalo Evening News [Buffalo, NY], May 27, 1893, Vol. XXVI, No. 41, p. 5, col. 3 < https://www.newspapers.com/image/327111418/ > (visited Nov. 23, 2019).  Other reports suggested up to $28,000 in Town cash was missing.  See News In Brief, The Standard Union [Brooklyn, NY], May 27, 1893, p. 8, col. 7 < https://www.newspapers.com/image/542157609 > (visited Nov. 23, 2019). 

[31] Compare Pells of Pelham Sued – The Town Wants Them To Pay $10,000 on a Bond They Gave for a Relative, N.Y. Times, Sep. 8, 1893, Vol. XLII, No. 13,118, p. 8, col. 3 < https://www.newspapers.com/image/20386157/ > (visited Nov. 23, 2019) (stating “In May Pell absconded, and the town believes he took with him $30,000 belonging to the Public Treasury”) with “Honest John Shinn” Short – Ex-Supervisor of Pelham’s Accounts out $17,971, N.Y. Times, Jun. 20, 1906, Vol. LV, No. 17,679, p. 1, col. 2 < https://www.newspapers.com/image/20356428/ > (visited Nov. 23, 2019)  (stating that Sherman T. Pell “forged the Town Clerk’s name to $100,000 worth of bonds and sold them in Wall Street”).

[32] Broadway Sav. Inst. of City of New York v. Town of Pelham, 83 Hun 96, 63 N.Y. St. Rep. 814, 31 N.Y.S. 402, 402 (App. Div. 2nd Dep’t 1894) (citing the provisions of Chapter 193, Laws 1877, entitled “An act to amend chapter 610 of the Laws of 1874 entitled an act to authorize the sale of lands for the nonpayment of taxes and for the collection of unpaid taxes in the several towns of the county of Westchester”). 

[33] Signatures Were Forged – Affairs of Ex-Supervisor Pell of Pelham Assume a Darker Aspect, N.Y. Times, Jun. 11, 1893, Vol. XLII, No. 13,041, p. 8, col. 4 < https://www.newspapers.com/image/20543424/ > (visited Nov. 23, 2019). 

[34] Id. 

[35] Id. 

[36] Id. 

[37] Id.  See also Suit Against the Town of Pelham, N.Y. Times, Jun. 1, 1893, Vol. XLII, No. 13,033, p. 8, col. 4 < https://www.newspapers.com/image/20539034/ > (visited Nov. 23, 2019). 

[38] See Pells of Pelham Sued – The Town Wants Them To Pay $10,000 on a Bond They Gave for a Relative, N.Y. Times, Sep. 8, 1893, Vol. XLII, No. 13,118, p. 8, col. 3 < https://www.newspapers.com/image/20386157/ > (visited Nov. 23, 2019); Samuel Pell House, supra, n.1, p. 3. 

[39] Samuel Pell House, supra, n.1, p. 3. 

[40] See Town of Pelham Must Pay, N.Y. Times, Mar. 31, 1894, Vol. XLIII, No. 13,267, p. 9, col. 6 < https://www.newspapers.com/image/20449806/ > (visited Nov. 23, 2019). 

[41] See Broadway Sav. Inst. of City of New York v. Town of Pelham, 83 Hun 96, 63 N.Y. St. Rep. 814, 31 N.Y.S. 402, 402 (App. Div. 2nd Dep’t 1894). 

[42] Old Town of Pelham Bonds – Indebtedness Assumed by the City Declared Fraudulent and Void, N.Y. Times, Jun. 7, 1898, Vol. XLVII, No. 15, 103, p. 12, col. 4 < https://www.newspapers.com/image/20612745/ > (visited Nov. 23, 2019). 

[43] “Honest John Shinn” Short – Ex-Supervisor of Pelham’s Accounts out $17,971, N.Y. Times, Jun. 20, 1906, Vol. LV, No. 17,679, p. 1, col. 2 < https://www.newspapers.com/image/20356428/ > (visited Nov. 23, 2019). 

[44] Samuel Pell House, supra, n.1, p. 3. 

[45] Obituary Notes, N.Y. Times, Mar. 30, 1894, Vol. XLIII, No. 13, 292, p. 5, col. 2 < https://www.newspapers.com/image/20449192/ > (visited Nov. 23, 2019). 

[46] Village of Pelham, Village of Pelham Online:  Village News – Interviewed in 1935 Mr. Edinger Told An Interesting Story (visited Apr. 24, 2005) http://www.villageofpelham.com/home/00-00-35.shtml (an archived copy of the article is available via the Way Back Machine via https://web.archive.org/web/20030304032321/http://www.villageofpelham.com/home/00-00-35.shtml) (visited Nov. 23, 2019).

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Professor David A. Van Buskirk's Scandalous Musicale in North Pelham in 1897

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Pelham tongues wagged for weeks over the scandal.  Indeed, Pelhamites were made to look like fools by one of their own, Professor David A. Van Buskirk of River Avenue in the Village of North Pelham.  (River Avenue disappeared with the later construction of the Hutchinson River Parkway.)

Professor Van Buskirk announced that he would sell tickets and hold a "musicale" on the evening of Saturday, January 30, 1897.  He put up posters all over Pelham announcing that famed actress Lillian Russell, famed minstrel performer George H. Primrose, famed Broadway producers Weber & Fields, and a host of other "leaders of the stage" would attend the musicale.

Ticket sales were brisk.  On the appointed evening, the old wooden Town Hall (predecessor to today's Town Hall building at 34 Fifth Avenue) was full.  Indeed, it was "crowded."

The evening began with Professor Van Buskirk stepping in front of the audience waving a handful of supposed "telegrams" from all of the leaders of the stage, each "regretting their inability to appear" but "wishing him much success" with his musicale.

The crowd was disappointed, but settled in for an entertainment.  Little did they know that the opening performer was none other than little Sadie Van Buskirk, beloved daughter of Professor David A. Van Buskirk.  

The next performer was another youth who performed "some rather vulgar songs."  Some of the audience were offended, and left.  Then the "youth reappeared later partly dressed and began some risque stories."  The crowd turned ugly and began hissing.  Every woman in the audience stood and left.  All but a handful of the men in the audience followed.  

Professor Van Buskirk "came out smiling" and urged the crowd to wait, saying that "the floor would now be cleared for dancing."  There was, however, no one left to dance because all had left.

The scandalous show "almost ruined future really worthy entertainments given at the hall for two years."

Detail from Undated Photograph of the Original Pelham Town Hall

on Fifth Avenue on an Election Day.  This is Where the "Musicale"

Was Held on January 30, 1897.  Source: Courtesy of The Office of

The Historian of The Town of Pelham. Note: Click on Image to Enlarge.

Detail from Plate 20 of John F. Fairchild's Atlas of Mount Vernon and Pelham

Published in 1899 Showing Location of Original Meeting Hall and

Courthouse on the Fifth Avenue Lot Where Today's Pelham Town

Hall Stands.  NOTE:  Click on Image to Enlarge.

*          *          *          *          *

Below is the text of the fascinating article that forms the basis of today's Historic Pelham article.  On March 1, 1896, North Pelham resident J. Gardiner Minard founded a local newspaper named "Pelham Press."  The newspaper lasted only a couple of years until Minard left to serve in the Spanish-American War.  Few copies of any of the newspapers exist today.  Luckily, however, during the 1920s Minard submitted to The Pelham Sum summaries of the news from his copies of the Pelham Press, often styled as "Pelham 30 Years Ago" and the like.  Occasionally, he added commentary to explain references from the old newspapers.  Below is one example of "Pelham 30 Years Ago" published on January 28, 1927.  It contains information regarding David A. Buskirk's "musicale."

"PELHAM 30 YEARS AGO
(Pelham Press January 23, 1897)

Next Saturday night a musicale will be given at the town hall with a dance following.  The proceeds are for the benefit of Prof. David A. Van Buskirk of River avenue.  [Editor's Note:  The following parenthetical was not reported in the original Pelham Press on January 23, 1897.  Instead, it was a "Note" added to the reprint in 1927 by J. Gardner Minard long after the fact regarding the "musicale" that was held as announced in the Pelham Press.]  (Note -- The posters announced that Weber & Fields, George H. Primrose, Lillian Russell and a host of the leaders of the stage at that time would appear.  The hall was crowded and Van Buskirk appeared with 'telegrams' from the different stars regretting their inability to appear and wishing him much success.  The singing of Miss Sadie Van Buskirk, daughter of the professor, was good, but when a youth appeared next with some rather vulgar songs, some of the audience left.  The youth reappeared later partly dressed and began some risque stories which caused every woman and all but a handful of men to leave amid much hissing.  Van Buskirk came out smiling and said the floor would now be cleared for dancing, but there were none to dance, and all left.  This show almost ruined really worthy entertainments given at the hall for two years.)  [Editor's Note:  End of updated added by J. Gardner Minard in 1927.]

+++

Henry Iden has men engaged in cutting the ice on his pond on Wolf's lane.  The work began last Wednesday and it is expected that the ice house will be filled with this crop.

+++

Philip Flynn, of the oldest and best known residents of City Island died at his home there last Saturday.  The interment took place Thursday.

Two cases of pneumonia were reported this week:  Mrs. H. T. Stone of Fourth avenue and Mr. Wilson-Barker of Second avenue, North Pelham.

+++

The North Pelham board of health complains that out of town doctors practising in the village are not reporting contagious cases as required by law.

+++

Ethel Jones, little daughter of Mr. and Mrs. Geo. H. Jones of Mayflower avenue, found a bottle labeled 'poison' in a vacant lot last Friday and brought it to the North Pelham school.  Principal Hill saw her about to drink some and asked her what it was.  She replied 'cough medicine.'  He took the bottle from her and brought it to Lyman's drug store where it was found to be laudanum.

+++

During the early part of the week a rumor was in circulation that the Adam's Express Co. would move its North Pelham office to Pelham Manor.  The agent states that while it is true a branch will be opened in the Manor, the Pelham office will remain.

+++

Miss Florence Archer of Chester Park was seriously injured in an accident last Monday.  She had driven Mr. Miller of Chester Park to the Pelham station and in turning around, the horse cut too short, dumping the young lady out, the carriage passing over her.  she was carried to Lyman's pharmacy in a fainting condition.  She was cut about the head and face but appeared to be all right otherwise.  The horse was caught by James Conkling.

+++

Former Justice of the Peace Gustav I. Karbach is being mentioned as a possible candidate for that office at the town election which takes place March 16.

+++

The Pelham Social club held a very successful masquerade ball at the town hall last night.  A large number came from Mount Vernon and New Rochelle.  The feature was an immense Japanese umbrella suspended from the center of the ceiling.  The grand march was led by Thomas Morrelly of North Pelham and Miss Anna Moore of Mount Vernon."

Source:  PELHAM 30 YEARS AGO -- (Pelham Press January 23, 1897), The Pelham Sun, Jan. 28, 1927,  p. 13, cols. 1-2.

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A Pelham Scandal and Resultant Lawsuit Set Pelham Tongues Wagging in 1885

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Twenty-year-old Mary Amelia Ross of City Island seemed to have it all in 1884.  She was the "prettiest girl for miles around."  She was, according to one account, "admired by all the young men" of lower Westchester County.  She was "very highly accomplished" and was a daughter of wealthy City Island oysterman James Ross.

In early 1884, Mary Amelia Ross became the object of the affections of twenty-year-old George Leviness.  Leviness was a son of another wealthy City Island oysterman, Joshua Leviness, and was the proprietor of City Island Hotel.  George Leviness began an "ardent courtship" of Miss Ross.  

Leviness called on the young woman frequently "and took her walking in the evening."  On only the second or third such stroll, George Leviness proposed to Miss Ross who readily accepted his proposal.

Only a few weeks later, George Leviness called on Mary Amelia Ross at her home.  Her parents were away that evening.  During that visit, George Leviness, reportedly "took improper liberties with her under promise of marriage."  Within a few months, Miss Ross was visibly pregnant or, as local newspaper reports put it so delicately, experienced "her condition."  

George Leviness did not deny "improper intimacy" with Miss Ross.  He did, however, deny that he promised to marry her.  Whether he had a change of heart, or never intended to keep his promise, however, young George Leviness refused to marry Miss Ross.  In 1885, Mary Amelia Ross hired a lawyer, Norman A. Lawlor of Mount Vernon, New York.  Lawlor promptly filed a civil lawsuit on his client's behalf against George Leviness seeking $25,000 damages for "seduction under promise of marriage."

Pelhamites became obsessed with the scandal.  According to one news report, "The suit has occasioned considerable of a flutter on the Island and in the town of Pelham, where the persons interested are well-known."  

On Monday, March 15, 1886, the lawsuit filed on behalf of Miss Ross was tried before a jury in the Supreme Court of the State of New York before Justice J. O. Dykman sitting in White Plains.  Once again Leviness "did not deny the improper intimacy, but repudiated the promise to marry."  At the close, the jurors deliberated for only ten minutes before returning a verdict for Miss Ross of $6,000 (about $207,000 in today's dollars).  With interest and costs, the total due from George Leviness was $6,400.

Twenty-one-year-old George Leviness simply did not have the money to pay the judgment.  On Wednesday, June 30, 1886, police served a warrant for "execution against his body" and carted young Leviness off to the White Plains Jail where he was to be kept in jail until he paid the judgment or arranged to have it paid.  Leviness was able to arrange several bondsmen to post his $12,800 bail, but the terms of his bail placed limits on his ability to leave White Plains.

George Leviness lapsed into a routine of remaining in White Plains all week, then quickly returning home to City Island on Sundays before traveling back to White Plains early each Monday to avoid forfeiting the bonds placed by his bondsmen, Frank Vail and Everett Leviness, each of whom posted half of the $12,800 bail.

 Mary Amelia Ross certainly was not finished with George Leviness.  On July 12, 1886 she and her attorneys appeared before a local Judge and swore out a criminal complaint against Leviness charging him with "betrayal."  On Sunday, July 18, two police officials from Eastchester, Thomas Woods and C. T. White, appeared on City Island with an attachment against Leviness on the criminal charge.  They arrested Leviness and tried to haul him before local Justice Edmonds for a bail hearing.  When Justice Edmonds could not be found, Leviness was jailed.

When Frank Vail, one of the two bondsmen who guaranteed half of the bail set for George Leviness in White Plains learned of his arrest, Vail hustled to the Westchester County Sheriff's office and arranged a "surrender" of Leviness to the Sheriff so as not to lose the bond he had placed for Leviness in connection with the civil action judgment that Leviness had failed to pay.  The Sheriff's officer, in turn, hustled to the lockup where Leviness was being held and fought with one of the constables over who had the right to hold Leviness.  In any event, Justice Edmonds was found in the morning and held a bail hearing for Leviness.

At that hearing, an attorney for Mary Amelia Ross appeared and argued that bail on the criminal charge should be placed at $2,000 (in addition to the $12,800 bail already placed in the related matter).  An attorney for Leviness argued that bail on the criminal charge should be $500.  Justice Edmonds decided bail should be $1,000.

Poor George Leviness.  He was returned to White Plains because he was still subject to "the limits" placed in connection with his first bail.  Would he raise the money to pay the $6,400 judgment to Miss Ross?  

The answer, sadly, remains for another day.  Research has not yet revealed how the matter was resolved.  One thing seems certain, however.  George Leviness learned a lesson. . . .

*          *          *          *          *

"CITY ISLAND'S SOCIAL SENSATION.
-----
MISS ROSS, A LOCAL BELLE, SUE FOR $25,000 DAMAGES FOR BREACH OF PROMISE.
[From Yesterday's Edition.]

Assemblyman-elect Norman A. Lawlor has begun a suit for breach of promise for Miss Helen [sic; should be "Mary Amelia"] Ross, aged twenty-one years, against Mr. George Leviness, proprietor of the City Island Hotel, and son of the wealthy oysterman, Joshua Leviness.  Miss Ross is also a resident of City Island and is the daughter of James Ross, an oysterman, who is also quite wealthy.

The young lady claims $25,000 damages.  Miss Ross has been admired by all the young men of that part of the county, and is considered to be the prettiest girl for miles around.  She is small of stature and very highly accomplished.  The suit has occasioned quite a flutter on the Island and in the town of Pelham, where both parties are well known.

In her complaint Miss Ross states that she got acquainted with Mr. Leviness about a year and a half ago, and he began making love to her the first time they went out together for a walk.  She did not at that time fully comprehend his intention:  but as their acquaintance grew and she saw more of him she learned to love him and then to trust him, and then comes the old, old story of loving too carelessly and subsequent desertion.  Of course the people on the Island are not aware of the extremity to which the intimacy went; but in her affidavit Miss Ross states that the intimacy went too far.  He promised to marry her six months ago and has not kept his promise and steadily refuses to do so.

Mr. Leviness denies that he ever promised to marry the young lady, and denies that he is responsible for her condition.  The suit is on the calendar for the December term."

Source:  CITY ISLAND'S SOCIAL SENSATION -- MISS ROSS, A LOCAL BELLE, SUE FOR $25,000 DAMAGES FOR BREACH OF PROMISE, The Daily Graphic [NY, NY], Nov. 23, 1885, p. 147, col. 3.  

"SUING A HOTEL MAN FOR BREACH OF PROMISE.

Assemblyman elect Norman A. Lawlor has begun a suit for breach of promise for Miss Helen Ross, age twenty-one, the daughter of James Ross, an oysterman, against George Leviness, proprietor of the City Island Hotel, and the son of the wealthy oysterman, Joshua Leviness.  The young woman claims $25,000 damages.  The suit has occasioned considerable of a flutter on the Island and in the town of Pelham, where the persons interested are well-known.  The defendant denies that he ever promised to marry Miss Ross."

Source:  SUING A HOTEL MAN FOR BREACH OF PROMISE, New-York Daily Tribune, Nov. 22, 1885, p. 5, col. 1.  

"COURT PROCEEDINGS. . . .

SUPREME COURT. -- CIRCUIT.

Before Hon. J. O. DYKMAN, Justice.

The supreme court convened at the court house on Monday, March 15.  The following cases were tried: . . . 

Mary Amelia Ross against George Leviness. -- This action was for seduction under promise of marriage.  Both parties reside at City Island.  Miss Ross is 20 years old, and is the daughter of a well-to-do oysterman.  George Leviness is 20 years old and is the son of Joshua Leviness, a wealthy resident of the above place.  Leviness made her acquaintance about a year ago, and began an ardent courtship.  He called frequently and took her walking in the evening, and on the second or third occasion made a proposition to marry her, and she accepted him.  A few weeks later he called at her house one evening when her parents were away, and there he took improper liberties with her under promise of marriage.  The defendant did not deny the improper intimacy, but repudiated the promise to marry.  The jury after an absence of ten minutes rendered a verdict for Miss Ross of $6,000. -- Lawlor & Swits, for plaintiff; H. M. Henderson, for defendant."  

Source:  COURT PROCEEDINGS. . . . SUPREME COURT. -- CIRCUIT, The Eastern State Journal [White Plains, NY], Mar. 20, 1886, Vol. XLI, No. 50, p. 2, cols. 2-3.  

"THE COUNTY. . . . 

LODGED IN JAIL. -- George Leviness, of City Island, was taken to White Plains Jail on Wednesday, by Officer Mark Skennion, under an execution against his body, he having failed to pay the sum of $6,400 damages awarded Miss Mary Amelia Ross in her suit in the Supreme Court against Leviness for betrayal under promise of marriage, which he failed to keep.  He will now be kept in jail until he pays up or arranges to have it paid."

Source:  THE COUNTY . . . LODGED IN JAIL, The Yonkers Statesman, Jul. 1, 1886, Vol. III, No. 809, p. 1, col. 4.

"PELHAM AND CITY ISLAND. . . .

George Leviness was taken to White Plains, last week, under an execution for failing to pay the sum of $6,400, awarded to Miss Amelia Ross in her suit for betrayal under promise of marriage. . . ."

Source:  PELHAM AND CITY ISLAND, The Chronicle [Mount Vernon, NY], Jul. 9, 1886, Vol. XVII, No. 896, p. 3, col. 2.  

"LOCAL NEWS. . . .

Geo. Leviness, of City Island, was arrested last Sunday, by Officers Thos. Woods and C. T. White, of Eastchester, on a warrant issued on the 12th inst., by Justice Edmonds.  The complainant was Miss M. A. Ross, and the charge seduction under promise of marriage.  In a civil suit, last spring, Miss Ross obtained a verdict against Leviness for $6,400.  He refused to pay the amount, and an attachment for him was issued, and he was taken to White Plains Jail and locked up.  Subsequently he was admitted to the limits, and Saturday night last went to his home at City Island, where he was arrested on Sunday.  An effort was made to find Justice Edmonds Sunday evening and have Leviness admitted to bail, but he could not be found.  In the meantime Mr. Frank Vail, who was bondsman for Leviness in the sum of $6,400, surrendered him to the Sheriff, and there was quite a lively time between the Sheriff's officer and Officer Woods; the former threatening to take their man away from the constable, but the constable didn't see it in that light.  Monday morning Officer Woods produced his man before the Justice, who after hearing the argument of counsel on both sides, admitted him to bail in the sum of $1,000."

Source:  LOCAL NEWS, The Chronicle [Mount Vernon, NY], Jul. 20, 1886, Vol. XVII, No. 899, p. 3, cols. 1-2.  

"THE COUNTY. . . .

HAVING A HARD TIME. -- George Leviness, of City Island, is 'on the limits' to satisfy a judgment for breach of promise of marriage attained by Miss Amelia Ross.  On Sunday he has been in the habit of going home and returning to White Plains before Monday morning, thus avoiding the forfeiture of his bonds, which are $12,800.  Last Sunday he was arrested on a criminal warrant for betrayal sworn out by Miss Ross, and taken to Mount Vernon, where he was detained until Monday morning.  His bondsmen then surrendered him.  He subsequently gave bail in $1,000 and returned to his limits. . . ."

Source:  THE COUNTY. . . . HAVING A HARD TIME, The Yonkers Statesman, Jul. 20, 1886, Vol. III, No. 824, p. 1, col. 4.  

"Arrest of George Leviness.

George Leviness, of City Island, who is on the limits at White Plains, in default of payment of a judgment of $6,000, visited home last Sunday.  In the afternoon Officers Wood and White drove over to City Island and arrested him on a criminal warrant, for the same case for which he was on the limits.  On their return to this village with Mr. Leviness, they could not find Justice Edmonds, and prisoner was held.  In the morning the prisoner was brought before Justice Edmonds When H. C. Henderson, Esq., of Westchester, appeared for Leviness, and Messrs. Lawlor & Swite, Jr., of Mount Vernon, for plaintiff, Miss Ross.  Leviness pleaded not guilty and waived an examination, and offered Messrs. Frank Vail and Everett Leviness as bondsmen.  Attorney Lawlor requested that bail be placed at $2,000.  Attorney Henderson argued for $500, in view of the $13,000 bail under which he is held.  After a patient listening to learned counsel on both sides, His Honor put the amount at $1,000. -- Record."

Source:  Arrest of George Leviness, New Rochelle Pioneer, Jul. 24, 1886, p. 3, col. 5.

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