Sketch LXXVI

Tried by God and Their Country at Turkey Point

District of London. The General Quarter Sessions of the Peace, holden at the house of Job Loder, at the Town of Charlotteville, in and for the said District, on the fourteenth day of September in the forty-second year of the reign of our Sovereign Lord George III. Of Great Britain, France and Ireland, King and Defender of the Faith, and in the year of our Lord, one thousand eight hundred and two, before the Justices of the Lord, the King, assigned to keep the said District, and also to hear and determine divers felonies, trespasses and other misdemeanors in the said District committed, and of the Quorum.”[1]

Thus wrote Thomas Welch, the old Clerk of the Peace, as he sat in the kitchen of Job Loder’s tavern at Turkey Point, and put on record the proceedings of the first session of the court held at the town of Charlotteville. It was not the first time he had written this legal caption, however, as the Court of Sessions had been in existence more than two years previous to this, having been held at the house of James Monroe.

If a full record of all the court proceedings at Turkey Point had been preserved it would afford the people of this day and generation an intensely interesting mass of reading matter. It would reveal the true character of the men who laid the foundation of our social and municipal institutions, and show us what manner of men our ancestors were. “Distance lends enchantment to the view,” and now that we are removed a hundred years from the time our forefathers began to lay the foundation of Norfolk’s civilization in the wilds of Upper Canada, we are quite apt to forget, while singing their praises, that they had the same “Old Adam” to contend with that we have in our day. It was a rough work they had to do and none but rough-and-ready men were qualified to do it. There were a few delicately, refined individuals who came into the woods at an early date, but they either died with a broken heart or made a dismal failure of their undertaking. Our forefathers led sledge-hammer lives. They were of very necessity muscular, and they indulged freely in cheap whiskey. They were conscientious, but they were also rough and implusive, and when they ran up against each other it was a word and a blow. They had no time or inclination for wordy disputations, and they had no respect for a coward or any man whose word was not as good as his bond.

In our day suits at law are instituted mostly for the enforcing of property rights—for values due, arising from broken promises and violated contracts. We rush into court with disputed accounts without the least compunction of conscience; and we sue and permit ourselves to be sued for sums withheld and for damages arising from broken faith, and indifference; but to be dragged before the bar of justice on a charge of assault and battery would be considered by us as very damaging to character.

It was not so in our great-grandfather’s days. Their code of honor was quite different from ours. They branded the man who wilfully broke his word or violated his pledge for personal gain or through malice with the mark of Cain; but the man who was convicted of the crime of assault and battery did not lose caste in the social circle—provided he proved himself capable of taking care of himself and paid his fine like a man.

Prominent among the “divers felonies, trespasses and other misdemeanors” which the old pioneer justices had “to hear and determine” was the grand jury “presentments” for assault and battery. To give the reader some idea of what happened in the Turkey Point courts at that early time, the remainder of this sketch will be given up to transcripts from the old record.

March 13th, 1805, John McCall was brought into court by William Hutchinson, Esq., charged with “high crime and misdemeanors.” The prisoner asked Hutchinson what he wanted with him, and Hutchinson replied: “To find bail for the Peace and good behavior, and for your appearance at the next Assizes.”

The prisoner asked: “Will you take land or horses or money or dogs for security? I have two good dogs,” Hutchinson replied: “No, none but personal security will do.” Benijah Mallory entered the court room at this juncture, and Hutchinson turned to him and threatened to send him to jail, and demanded bail for his good behaviour. Mr. Mallory refused to give it. He said he had done nothing and plead privilege as being a member of Parliament. Then McCall, the prisoner, spoke out and said:

“Speak up, Captain Mallory, you are a gentleman. You are the only gentleman in the house.”

To this Hutchinson replied: “If you open your mouth again I will order you to be put in the stocks.”

McCall then gaped his mouth wide open and said, “I shall want some more whiskey.” Hutchinson then ordered the prisoner to be put in the stocks.

Alexander Hutchinson was on duty as Under Sheriff, and he took the prisoner out of the court-room; and when they passed outside a number of McCall’s friends rescued him. The under sheriff afterwards swore that the men who rescued the prisoner were Philip Fonger, Joseph Millar, Peter Coombs, Robert Monroe and others. These parties were forthwith arraigned for “aiding and abetting in the rescue of John McCall.” They entered into recognizances for their proper appearance as follows:

“Philip Fonger, Constable of Charlotteville, £100, with Silas Secord and John Misner as sureties for £50 each. Joseph Millar, miller, of Charlotteville, £100, with Silas Montross and Silas Secord as sureties for £50 each.”

“Robert Monroe, farmer, of Charlotteville, £100, with Silas Montross and Joseph Spetler as sureties for £50 each.

“Peter Coombs, £100, with John Heath and Joseph_______ as sureties for £50 each.

“Henry Bostwick, £100, with Lot Tisdale and John Benson as sureties for £50 each.”

Some time before this rescue of John McCall, Benijah Mallory, the representative in Parliament for London District, had been charged with making a wrong statement as to the number of fire-places in his house, for the purpose of avoiding taxation. But he proved to the satisfaction of His Majesty’s justices, who sat on the judicial bench in the temple of Justice at Turkey Point, that the two fireplaces complained of were in a camp, and not in his dwelling-house, and he was acquitted. This happened just before the McCall rescue, and a pugilistic feeling seems to have permeated the entire settlement. At the next term of Court we find the following indictments on record:

“William Hutchinson, for Assault & Battery on Robert Monroe and Benijah Mallory.”

“John McCall, for Assault & Battery on William Hutchinson.”

“Samuel Ryerse, Thomas Horner and Joseph Ryerson, for an attempt to subordinate Benijah Mallory.”

“Joseph Ryerson, for grievous threatening against the life of Benijah Mallory.”

On the same page of the old journal we find this entry:

“It is ordered that an house having two fireplaces be added to the assessment rate of Samuel Martin, and that two additional fireplaces be deducted from that of Benijah Mallory for the present year.”

Peter Coombs one of the rescuers of John McCall, was indicted for petit larceny at the December term of that year. He was arraigned, pleaded not guilty, and asked to be tried “by God and his country.” The trial jury was made up as follows: “Abraham Beemer, foreman; Gabriel Culver, Isaac Petitt, William Walker, Francis Glover, William McCool, Champion Scovel, John Muckle, jun., John Dudbridge and Isaac Fairchild.”

The following were the witnesses for the king: “Daniel McCall, jun., Edmond Frost, John Smith, Simon Mabee and Ethan Woodruff.” The witnesses for defendant were: “William Spurgin and Robert Shearer.”

The jury brought in a verdict of “Guilty,” and the sentence of the Court was: “That he shall receive twenty lashes upon his bare back, well laid on.”

The Sheriff was ordered by the Court to see that the sentence was put into immediate execution. This is the only case of public whipping on record for the first ten years of the history of the Court of Sessions.

During the spring term of 1803, two of the most prominent Justices of the Peace in London District, were indicted for drunkenness, and another one for profanity.

At the June term of this same year, the following quaint and amusing entry was made: “Francis L. Walsh, small Gent., of this District, is convicted of profane swearing of two oaths before Peter Teeple, Esquire, his fine set a Two shillings, which he paid into the hands of the Sheriff.”

During the fall term of 1804, Alexander McQueen was brought into Court and fined one shilling for swearing. Oliver Thornton was also fined one shilling, at the same session, for a like offence.

During the December term of Court, 1804, Peter Teeple, Esquire, and his wife, Lydia, were indicted by the Grand Jury for assault and battery. They pleaded “Not guilty,” and chose to be tried “by god and their country.” Mary Cope was prosecutor. The trial jury was composed of the following persons: “Daniel McCall, jun., foreman; Amos Manuel, Joseph Chambers, Samuel Smith, John Barber, Gabriel Culver, Benjamin Culver, Griffith Culver, Jabez Culver, jun., Nesbett Culver, Robert Davis and Robert Henderson.” Constable Philip Fonger had charge of the jury, and their verdict was “Not guilty.”

The Courts at Turkey Point were not always pressed with business. The following is a true copy of one day’s work during the September term of 1806:

“The Court opened according to adjournment. The Court adjourned for five minutes. The Court opened according to adjournment. Thomas Horner, Esquire, resumes the chair as Chairman. The gentlemen of the Court order that William Dill, of the township of Charlotteville, is not to be taxed for a house which he is now taxed for. (The Court adjourned)

“Richard William Dease, C.P.”

It would seem that John Kern, Aaron Sprague and Elijah Millard had indulged in a little forbidden diversion, for the record shows they were all fined three shillings and four pence for “Sabbath breaking.” The following is given as a sample of trial record, as taken from Thomas Walsh’s old journal:

“The King } For Feloniously taking a bar of iron

vs } from Sykes Towsley, of Oxford, on or about the 20th Oct., 1806.

Mordecai Sayles}

“The Prisoner being arraigned at the bar plead ‘Not Guilty,’ and for his trial puts himself on ‘God and his country.

“Jurors sworn—Joseph Beemer, Barzillai Beal, John Barber, Abraham Beemer, Gabriel Culver, Benjamin Culver, John Dudbridge, John Heath, Joseph Lane, Amos Manuel, Matthias Messacar, and Isaac Petitt.

“The Indictment read and the Jury called to hear the evidence.

“Sykes Towsley called and sworn to give evidence to the Jury.

“Elisha Haskins, sen., sworn to give evidence to the Jury.

“John Ten Broeck, Esq., Attorney for Defendant

“The Jury retire, with Jacob Wood and Thomas Fuller, constables, in attendance.

“The Jury return and bring in a verdict of ‘Not guilty.’

“The Prisoner at the bar is dismissed by the Court.

“The Petitt Jury are dismissed.”

During the June term, 1807, James Barnes was brought into Court, and fined one shilling for swearing one oath. It seems that the price fixed by the Court for this little indulgence of giving vent to the pent up wrath that occasionally troubled our brave old pioneer forefathers, was one shilling for each oath.

The last entry in the old journal referred to, was placed there September 12th, 1809, and reads as follows:

“Abner Owen, charged with Assault & Battery, and a Bench Warrant issued for him.”

It was at “Fort Monroe” and Turkey Point where the first tavern-keepers in all London District obtained their licenses. These pioneer taverns were crude establishments. Any settler having a log house large enough to partition off a bar in one end, a loft overhead not fully occupied by the members of the family, possessed the necessary accommodations for a first-class tavern.

The first license granted was to James Monroe, who owned the only two-story frame house in all London District at that time. The date of this license was April 8th, 1800, and during this same first term of the old Quarter Sessions a license was granted to Hammond Lawrence, of Oxford. October 18th, 1800, Moses Rice, of Charlotteville, obtained a license; and on December 8th, 1801, Noah Millard, of Townsend, was granted a license to keep a tavern. Job Loder obtained his license for keeping a tavern at Turkey Point, March 20th, 1802; and a license was granted to Cornwall Ellis, of Walsingham—where Port Rowan now is—on December 13th, 1803, for keeping a public-house. On June 9th, 1807, Philip Sovereign was granted a license, as shown by the following entry of that date:

“Philip Sovereign, £10; Henry Bostwick, £5; Alexander Hutchinson, £5—Conditioned that the said Philip Sovereign does keep a good orderly house and allow no gaming or rioting to go on there; this obligation to be null and void, or otherwise to remain in full force and virtue.”

It was customary in the early Courts for the wives of grantors of real estate to go into Court and make free and voluntary declaration of relinquishment of Dower rights. The following examples are taken from the old Court journal:

“January 13th, 1801. Hepsebah Cooley appeared in Court, and relinquished her right of Dower to land of John Davis, being Lot 2, 14th concession, Windham.”

“April 14th, 1801, Amy wife of Philip Forse, relinquished her right of Dower in Lot 7, 7th concession, Willowby, County of Lincoln, District of Niagara, according to law, to Elijah Vincent, grantee of Philip Forse.”

“September 8th, 1801, Deborah Glover relinquished her right of Dower in land in the Township of Townsend, sold by her husband to Leonard Clouse.”

“December 8th, 1801, Elizabeth, wife of Paul Avery, appeared in Court and acknowledged that she freely and voluntarily relinquished her right of Dower to a certain piece of land sold by her husband to Job Slaght, being Lot 9, 8th concession, Townsend.”

“March 9th, 1802, Susan, wife of Albert Berdan, came into Court and relinquished her right of Dower of Lot 7, 1st concession, Woodhouse, sold by her husband to Jonathan Williams.”

“June 8th, 1802, Mary, wife of Thomas Welch, appears in Court and freely and voluntarily relinquishes all her right of Dower in and to four Hundred acres of land lying in the Township of Humberstone, this day conveyed by the said Thomas Welch and his wife, Mary, to Peter Hershey.”

“Mary, wife of Oliver Mabee, relinquished her right of Dower in Lot 21, 4th concession, Charlotteville, conveyed to James Russell.”

The above relinquishments were made at “Fort Monroe.” Those given below were made after the court was established at the town of Charlotteville, or Turkey Point. The regular formula is as given in the above-mentioned case of Mary Welch.

“March 8th, 1803, Mary, wife of David Secord, relinquished her Dower right in Lot 19, 1st concession of Charlotteville.”

“December 13th, 1803, Margery, wife of Daniel Millard released her Dower right in Lots 13 and 14, 4th concession, Charlotteville.”

“Ann, wife of John Stone, relinquished her Dower right in part of Lot 18, 1st concession, Charlotteville, conveyed to Ephraim Tisdale.”

“March 14th, 1804, Lydia, wife of Peter Teeple, relinquished her Dower right in 106¾ acres, being part of Lot 9, lake front, Charlotteville, conveyed to John Kern.”

“Sarah, wife of Samuel Ryerse, relinquished her Dower right in Lots 23 and 24, 2nd concession, Charlotteville, conveyed to Joseph Ryerson.”

“Sarah, wife of Captain Richard Vanderberg, relinquished her Dower right in part of Lot 8, 1st concession, Woodhouse, conveyed to Abraham A. Rapelje.”

“Christiana, wife of James Russell, relinquished her Dower right in Lot 19, 2nd concession, Walsingham, conveyed to William Smith.

“September 11th, 1804, Mary, wife of David Secord, relinquished her Dower right in 200 acres of land, conveyed to William Culver.”

“Catherine, wife of William Culver, relinquished her Dower right in Lot 8, 1st concession, Charlotteville, conveyed to David Secord, jun.“

“Submit, wife of Ephraim Tisdale, relinquished her Dower right in 25 acres, being part of Lot 8, 1st concession, Charlotteville, conveyed to Lot and Joseph Tisdale.”

“December 11th, 1804, Abigail, wife of Simon Mabee, relinquished her Dower right in 100 acres, being part of Lot 24, 2nd concession, Walsingham, conveyed to Levi Montross.”

“January 26th, 1805, Parnel, wife of Benjamin Mead, relinquished her Dower right in Lot 15, 1st concession, Woodhouse.

“June 13th, 1805, Fanny, wife of Thomas Price, relinquished her Dower right in Lot 11, 4th concession, Charlotteville, conveyed to Titus Finch.”

“Elizabeth, wife of Aaron Culver, relinquished her Dower right in 12 acres, being part of Lot 1, 6th concession, Woodhouse, conveyed to John Davis.”

“Martha, wife of Gabriel Culver, relinquished her Dower right in 120 acres, being part of Lot 5, 11th concession, Townsend, conveyed to Dennis Shoft.”

“Janet, wife of Andrew Steinhoff, relinquished her Dower right in Lot 24, 11th concession, Windham, conveyed to Jacob Lamb.”

“December 9th, 1806, Phoebe, wife of John Sovereign, relinquished her Dower right in 165 acres, being part of Lots 22 and 23, Gore of Woodhouse, conveyed to William Culver.”

“March 6th, 1806, Abigail, wife of John Gustin, relinquished her Dower right in 50 acres, being north part of Lot 20, 3rd concession, Charlotteville, conveyed to Simon Mabee.”

December 8th, 1807, Maria, wife of Jonathan Williams, relinquished her Dower right in Lot 8, 1st concession, Woodhouse, conveyed to Nathan Mann.”

“Mary, wife of Henry Walker, relinquished her Dower right in Lot 20, 1st concession, Woodhouse, conveyed to William Summers.”

“September 13th, 1808, Sarah, wife of Platt Wood, relinquished her Dower right in 100 acres, being part of Lot 12, 4th concession, Woodhouse.”

The following peculiar description of property is found in the court record bearing date March 8th, 1808:

“Maria, wife of Matthias Steel, relinquished her Dower right on property conveyed to Abner Owen, described as ‘the eastermost part of Sovereign mill, in Townsend.’”

In the early days of the sessions one Ebenezer Allen, of the town of Delaware, was the prolific source of a good share of the business done by the court. He was one of several incorrigible citizens that formed a part of the new settlement at the town of Delaware at this time. He brought more than one of his neighbours to Long Point for assault and battery and other misdemeanors, and finally he was caught in the meshes of the law himself on a charge of forgery. He was tried, convicted and imprisoned in the jail at Turkey Point. He found it pretty cold there in the winter time without a fire, and on December 11th, 1805, we find the following entry in the journal:

“Ebenezer Allen, a prisoner in the district jail, prayed the court to allow him the use of fire. Ordered that he be allowed the use of fire, provided he secure the sheriff to his satisfaction, and if the sheriff is willing to comply with the conditional order and not otherwise.”

One Andrew Westbrook and this Ebenezer Allen, each claimed a certain axe which was in possession of the court, and the court ordered that the axe “be left with Job Loder, the jailer till next jail delivery.”

In concluding this sketch, it affords the writer much pleasure to state that the time-stained pages of the old record shows not a single case of theft, petit larceny, forgery or perjury on the part of the grandancestors of our old Norfolk families. All persons charged with such criminal offences, were either settlers living beyond the confines of Long Point settlement, or mere “floaters,” who were here to-day and somewhere else to-morrow.

[1] A transcript of the Minutes of the Court of General Quarter Sessions of the Peace For the London District, 1800-1809, 1813-1818. A transcript of the records was transcribed by Ontario Archivist Alexander Fraser and included in in Twenty-second Report of the Department of Public Records and Archives of Ontario, 1933 (King’s Printer, Toronto, ON: 1934)