DELAWARE COUNTY. 259
An act was passed, Jan. 25,1845, forbidding persons from appearing disguised and armed, under a
penalty of imprisonment in the co. jail for a term not exceeding 6 months. Persons thus armed and
disguised might be prosecuted under the fictitious names they assumed, if their real names could not
be discovered; and such persons assembling in public houses or other places to the number of three
or more might, upon conviction, be imprisoned 1 year in the co. j ail. If convicted upon an indictment
for a conspiracy or riot or other misdemeanor, in which offense they were armed with deadly weapons,
they were further liable to a fine not exceeding $250, with or without a year’s imprisonment. In a
few cases these laws were disregarded;. several arrests were made, and the co. was declared in a state
of rebellion. Aug. 7,1845, Sheriff Moore, accompanied by P. P. Wright, went to the town of Andes
to sell the property of'Moses Earl upon execution for rent. There he found 176 men armed and dis¬
guised, who told him to do his duty, and they would protect him: “but,” said they, “let bidders
beware.” The sheriff and Indians drove the cattle near the road, the Indians forming a semicircle
about the property. At this crisis Dept. Sheriffs Osman N. Steele and R. Edgarton (whom Sheriff
Moore had requested not to come to the sale) appeared on horseback, jumped their horses over the
fence, were joined by Wright, and rode into the midst of the Indians, flourishing their revolvers and
firing several shots. The Indians gave ground; but the chief ordered them to shoot the horses. Seve¬
ral shots were made, killing the horses of Steele and Edgarton, and mortally wounding Steele, who
survived but a few hours.1 The Governor immediately issued a proclamation declaring the co. to be
in a state of insurrection, and placing it under martial law. A battalion of 300 militia, one-half of
whom were mounted, were called out and placed at the disposal of the local officers.2 They con¬
tinued in service several months. The mounted men were actively employed the first 2 or 3 months
in small detachments, aiding the civil authorities in making arrests, and in patrolling day and
night such districts as the exigency of the service required. The residue was employed in guard¬
ing the jail, and as foot patrols in the vicinity of Delhi on the occasion. On two occasions detach¬
ments of troops attended the sheriff to State prison with prisoners.3
.ODES4—was formed from Middletown, April 13, 1819. It lies on the s. e. border of the co.,
e. of the center. Its surface is a broken and hilly upland, intersected by the deep, narrow ravines
of the e. branch of the Delaware and its branches. The hills are high, rocky, and irregular, and
are bordered by steep declivities.5 The Delaware flows s. w. through near the center of the town.
Trempers Kil, Little Bush Kil, and Shaw Brook are the other principal streams. The valleys of
these streams are all narrow and tortuous and are bordered by rocky hillsides. A considerable
portion of the town is still covered with forests. The soil is a clayey and shaly loam underlaid
by hardpan upon the hills, and a gravelly loam of good quality in the valleys. Asides, (p.v.,)
on Trempers Kil, in the n. part of the town, contains an academy,6 3 churches, a flouring mill, and
2 tanneries. Pop. 350. Cabin Mill, (p. o.,) in the n.w., is a hamlet. Sbavertown and
Trempers Mil are p. offices. Permanent settlement commenced in 1784. A few farms were
taken up prior to the Revolution, but were abandoned. The w. part of the town began to be
settled in 1794r-96.7 Rev. Mr. House, of Colchester, held the first religious meetings, in 1797.8.
MOVHSTA9—was formed from Delhi, Stamford, and Middletown, Feb. 25, 1820. It is an inte¬
rior town, lying directly e. of the center of the co. Its surface is a hilly upland, broken by tlie
deep valleys of small streams. The highest summits are 1500 to 2500 ft. above tide. The streams
are Little Delaware River, flowing w. through the center of the town, Bush Creek, the outlet of
Teunis Lake, and Coulter, Maynard, Mountain, and Grants Brooks. The valleys of these streams
6 “ Ml. Pisgah” is the highest point between the two branches
of the Delaware. By a R. r. survey from Oneonta by way of Elk
Creek, Delhi and Fish Lake, the Fish Lake summit is ascertained
to he 1640 ft. above tide. By another route, up the Little Dela¬
ware and Coulters Brook, the highest point on the line was almost
the same height. Mt. Pisgah measured 1800 ft. above this, or
about 3400 feet above tide.
6 Erected by Henry Dowie in 1847. It is not incorp.
7 Among the first settlers were James Phoenix, Olmsted,
Peter Burgher, Joseph Erskine, Silas Parish, E. Washburn, Eli
Sears, Jacob, Adam, and Philip Shaver, and Philip Barnhart.
The first birth was that of Philip, son of Adam Shaver, Oct. 9,
1786; the first marriage, that of Henry Myers and Catharine
Shaver, June 17, 1789; and the first death, that of Wm. June.
Wm. Washburn taught the first school, in 1792-93; Edward
Sands kept the first store, Russell Comstock the first inn, and
Robt. More built the first mill on Trempers Kil in 1797.
8 The census reports 8 churches; 2 Asso. Ref. Prot., and 1 each
Bap., O. S. Bap., Cong., M. E., Presb., and Union.
9 Name applied by Gen. Erastus Root, from the Latin, in allu?
sion to its fitness for grazing.
For full particulars see Governor's Message in 1846, and
Gould’s Hist. Del.'Ch., Chap. xii. About 90 persons were in¬
dicted for the murder, of whom one-third were arrested. Two
(O’Conner and Van Steenburgh) were convicted and sentenced
to be executed, but their punishment was commuted to State
prison for life by Gov. Wright, and they were fully pardoned by
Gov. Young. The co. remained under martial law from Aug. 18
to Dec. 22,1845. The murder of Steele led to the speedy aban¬
donment of secret organizations and Indian costumes.
A company of volunteers under Benj. T. Cook, and another
under John R. Baldwin, were formed, and organized into a bat¬
talion under Thomas Marvine as major. A company of light
infantry from Unadilla, under Capt. Bolles, was also called out,
and reported themselves to Maj. Marvine.
8 Adjutant General’s Report; Assem. Doc. 6,1846. The whole
expense of this service was $63,683 20, which was charged to the
co., hut has never been repaid. Considerable tracts of land have
since been conveyed in fee; and of others, the rent is now paid
as formerly, and if in arrears, suits are instituted without diffi¬
Named from the mountainous character of its surface.