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Hazard's Register of Pennsylvania
Volume 14, Page 193
1835
MEMOIRS OF THE HISTORICAL SOCIETY OF PENNSYLVANIA.
Memoirs of a Remarkable Law Case,
In a letter from S. Creigh, Esq., and communicated to the Society, May 1834,
by
Alfred Creigh, of Carlisle, Pennsylvania.
"The Historical Society of Pennsylvania," calls upon its members, to furnish materials by collecting and transmitting for preservation, whatever may be deemed curious, interesting or instructive, in order to advance its grand designs and noble purposes. Believing therefore, that it is our bounden duty to respond to this call, and with a view to incite others, to the performance of a duty, pleasing and patriotic, I transcribe part of a letter which I received from my brother Samuel, dated,
"MIFFLIN, Juniata county, May 2d, 1833.
"Our Circuit Court is still in session. There was but one cause for trial, and that is a very important one. The matter in controversy is a farm of 3 or 400 acres of the best land in Tuscarora, about thirteen miles distant. The facts given in evidence are rather singular and the farm has been in controversy about 50 years."
"It may not be uninteresting to give you a short history of the matter, according to the evidence."
"It appears by the testimony of an old woman now 71 years of age, that her father Robert Hagg, Samuel Bingham, James Grey, and John Grey, were the four first settlers—and the first white men who came across the Tuscarora mountain, about the year 1749. They cleared the land and built a fort, aferwards called Bingham's fort. Some time in
1756, John Grey, and another person, went to Carlisle on business, and as Grey was deturning to the fort, a bear ran across his path in which he was traveling, frightened his horse, and threw him off. In consequence of this accident, Grey was retained some time on the road—(the time not known) and when he returned to the fort, he found it had just been destroyed, and every person in it killed or taken by the Indians."
"John Grey's wife and child was gone, (the child was 3 years old at this time.)—Innis' wife and children—a man by the name of George Woods, (he was the father-in-law of Ross who ran for Governor, and was, not long since, a resident of Bedford,) was taken by the same band, outside of Fort Bigham. His companion was shot.—A number were taken at the same time."
"John Grey joined a Volunteer company, and went against the Indians to Kittanning, in hopes of finding his wife and child. The hardships of the expedition were so great that he died shortly after at Bucks county, making his will, in which he gave his wife the one half of his farm, and his daughter the other half, if they returned from
captivity. If his daughter did not return from captivity, or was not alive, he gave one-half to his wife if she returned, and the other half to his sister, who had a claim against him of £13, which she was to release."
"John Grey being dead, Mrs. Grey returned from captivity one year or so after she had been taken.—She escaped in a waggon belonging to a trader, among a parcel of deer skins. Mrs. Grey then married a man named Williams. Some time after this a treaty was made with the Indians, in which they agreed to deliver up all the captives. This treaty was
made in 1764.—All persons who had lost children were notified to come to Philadelphia and claim them; Mrs. Grey went and brought one home which she said was her child. This reclaiming of the child was seven or eight years after it had been taken."
"The children of James Grey said that this child was not the right one, (Jane was her name) and they therefore claimed the one-half of the land through their aunt. Mrs. Grey, or Mrs. Williams (as I will hereafter call her,) said that when they had been taken, and were crossing the Seidling Hill, she had examined the child (Jane) and found a mark on her by which she had been able to recognize her."
"To Mr. Innis, who was one of the captives, who remained with the Indians until the treaty, and who in conversation was chiding Mrs. Williams for keeping a girl that was not her own; Mr. Williams replied, you know why I keep this girl, or you know the reason.—Mrs. Innis told her that her daughter was not returned—that this was a German girl—and could not talk English when she came to Montreal."
"George Woods, a captive, said that the real child of Mr. Grey was given to Houston, and Indian who had kept Jane for seven or eight years—and that he (Woods) had succeeded in getting her into a good family in Canada."
"Mrs. Williams has said to one witness who asked her, Is that your daughter? No! It is not; but George Woods knows where my daughter is, and has promised to get her."
"Another witness swears that the girl called her, mother—and that she (Jane) was very much like her. They wore the same frock, and the same shoe fitted both. Some swear that she was like the Greys—and others swear that she was not. Mrs. Innis had lost three children—one the Indians put under the ice because it was sick—the other two she got—one of these a gentleman of Philadelphia had, and refused to give it up until Innis proved the child his, by a private mark."
"Braddock's defeat was in 1755."
"Bingham's fort was taken in 1756."
"The treaty was made 9in 1764—eight years after the destruction of the fort, and the captivity of its defenders."
"For Plaintiff—S. Alexander, Esq. of Carlisle, who claims through the girl of Mrs. Williams."
"For Defendant—Potter and Blanchard, Esqs. of Bellefonte, and Wilson, Esq. of Lewistown, who claims through John Grey's family by the aunt, and who deny that she is the daughter of John Grey."
"Verdict for Defendants."
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