attack of the enemy we lying nearest to them might on occasion be a great assistance to the good people of that place. And we your memorialists as in duty bound shall ever pray Schonectady Octob'r 14th 1780. Gerret G. Lansing, Mindert Wemp, Claus Hall, Lancaster Conner, William White, Hendrick Brouwor, Ab'm G. Lansingh, Jno. G. Lansingh, jur.-And'w McFa[ ]; Abraham Fonda, Corn's Z. V. Santvoord, Jesse D. De Graaf, John Sters, Saml. Thorn, John Marsalis, Albert Meebie, Gerrit Joh, Lansing, Arent Vedder, Alex'r McMichael, Ch's Miller, Ant. Bradt, Henry Kortright, Dav. Burns, Alb. S. Veader, Abram Groot, Simon Degraff, Nicolas Degraf, Jesse Peak, Cornels Dae Graaf, Ham. Mynderse, Eldert Ament, Hendrik H. Veeder, Simon J. Antwerp, Thaddeus St. John, Joseph Yates, James Stuart, Reuben Simonds, Ab'm Yates, Simon Vroman, Barnardus F. Schermerhorn, [...] Van Denbogart, [No. 3306-3307.] THREE SPIES CONVICTED. Two Sentenced to be Hanged and the Third Reprieved by the Governor. State of New York. General Orders-Octo. 25th 1780. A General Court Martial whereof Lieut't Colo. Command't Weissenfels is President and Lieut. Colo. Livingston, Major Davis, Major Price, Capt. Norton, Capt. Magee, Capt. Marcelis, Capt. Heermanse, Lieut. Hyatt, Lieut't Van Hoevenburgh, Lieut. Andrew Heermanse, and Lieut't Bloodgood are members, is to meet immediately at such Place as the President shall appoint for the Trial of all such offenders as shall be brought before them. John Lansing, Jun., Esqr. to act as Judge Advocate. State of New York. At a general Court Martial convened by order of his Excellency Governor Clinton, at Albany the 25th Day of Oct'r 1780 for the Trial of all such offenders as shall be brought before them. Lieutenant Colonel Command't Wiesenfelts, President. 1 The president, Members and Judge Advocate being duly sworn, Jacob Schell was brought before the Court and charged by the Judge Advocate with being a Soy, under the Act of the Legislature of this State entitled "An act subjecting all persons who shall come out from the Enemy & secretly lurk in any part of this State to Trials by Courts Martial as Spies." To which Charge the prisoner plead Not guilty. Leonard Gansevoort, Esqr., Sec'y to the Commissioners of Conspiracies sworn. permission to go and see his Family; that he was ten Days travelling from Onondaga to the Helle-Bergh; that Sir John Johnson charged him to tell the Inhabitants (meaning as the witness believes the Inhabitants of the United States) that if they remained quietly at Home they would not be injured; that when he the prisoner came to the Helle Bergh upon inquiring whether Capt. Van Aernum was at Home, he was informed he was not; that he, thereupon, sent word to Capt. Van Aernum's wife that he would surrender himself whenever the Captain returned; that upon being informed that Captain Van Aernum was returned he surrendered himself as a prisoner of war; that upon being particularly interrogated whether he conceived himself a Deserter he answered, that he was no Deserter, and if he might be permitted to remain at Home he would behave himself peaceably & quietly. Quest. Do you know whether the Helle-Bergh, the prisoner mentioned, is in the State of New York? Ans'r. I have frequently heard there is such a place in the County of Albany in this State and know of no other place of that Name. The prisoner being requested to make his Defence, alledges that his Inducement for coming into the Country was, his having left a distressed Family who stood in Need of his Assistance; that he could not take Arms in Favor of the Americans because he was not clear of the British Army; that he meant, if he was detected, to surrender himself prisoner of war and intended to behave himself peaceably if he might be permitted to remain in the Country. The Judge Advocate suggested to the Court that Capt. Guy Young was a material witness on the present occasion, with the Nature of whose Testimony he was entirely unacquainted till after the prisoner had made his Defence, he begged the Court would permit his introduction as a witness. Thereupon the Court orders that he be admitted accordingly. Capt. Guy Young sworn. Question. Did you hear the prisoner confess whether he intended to remain at Home or not upon his Return? Ans'r. He informed me yesterday, that if the Militia had not been flocking in, he would have got clear and that he intended to return to a place appointed for that purpose; that he thought it was better to surrender himself a prisoner of war than to be killed on the way. Quest. Do you know a place called the Helle-Bergh. Ans'r. I do. It is about 15 Miles from the City of Albany. I believe it is in the State and it is the place of Residence of Capt. Van Aernum the person who brought the prisoner to Albany. The prisoner then being again called upan to proceed in his Defence repeated his former Allegations. The Court upon considering the Evidence are of the opinion that the prisoner is guilty of the Charge exhibited against him & sentence him to be hung by the Neck till he be dead. Then the Court adjourned till to Morrow Morning 9 O'clock. 26th Oct'r 9 A. M. Court met according to Adjournment. John McMullen was brought before the Court & charged by the Judge Advocate with being a Spy under the above mentioned Act. To which he plead Not guilty. Samuel Stringer one of the Aldermen of the City of Albany sworn. Quest. Do you know the prisoner. Ans'r. I do. The Judge Advocate then delivered Mr. Stringer a paper purporting to be the Confession of the prisoner and asked Mr. Stringer whether he recollected having signed that paper as a Magistrate. Ans'r. I signed it as a Magistrate. The prisoner made the Confession before me contained in it voluntarily, and after its being read to him he acknowledged it to be right and subscribed it. The paper marked No. 1 is annexed to these proceedings. Quest. Do you know whether Stilwater is in the State of New York? Ans'r. There is a place called Stilwater in this State about 24 or 26 Miles from Albany, I know of no other place of that Name & believe that to be the place the prisoner alluded to in his examination. Quest. Did the prisoner on his examination confess that he had enlisted the six Meu mentioned in his Confession before or after his arriving in this State? Ans'r. I understood that he was sent to St. John's to enlist, and that he had enlisted the six Men at that post. The Court upon a Consideration of the evidence are of opinion that the prisoner is guilty of the Charge exhibited against him & sentence him to be hung by the Neck till he be dead. James Van Driesen was then brought before the Court & charged by the Judge Advocate with being a spy under the Act aforesaid. To which the prisoner plead not guilty. Samuel Stringer, Esqr., sworn. The Judge Advocate put into Mr. Stringer's Hand a paper purporting to be the examination of the prisoner and asked him whether that examination was taken before him and if so in what Manner that Confession was taken? The examination No. 2 is annexed. Ans'r. The prisoner in his examination before me, made the Confession contained in that paper voluntarily and after its being read to him subscribed it in by presence. The prisoner made no Defence. The Court upon considering the evidence are of opinion that the prisoner is guilty of the Charge exhibited against him & sentence him to be hung by the Neck till he te dead. Resolved, unanimously that, as Van Driesen one of the prisoners has intimated to this Court that he can make Discoveries advantageous to the United States, it be recommended to his Excellency, the Gov'r to grant a Reprieve to the said Van Driesen, to afford Time to enquire into the Nature & extent of his Discoveries. Then the Court adjourned without day. Fred: Weissenfels Lt. Colo. Commandant 4t N. Y. R. President. City of Albany in the State of New York SS. John McMullan being examined says that he formerly did belong to Colonel Sheldon's Corps of Light Horse. That he was sent out along to patrol, and was captivated by the enemy. That he then enlisted in Colo. Emerick Corps of Light Horse in the British Service. That he soon after procured a man to enlist in Emerick's Corps in his stead, and obtained a Dismission. That all his Happen'd in the Spring of the year after the Surrender of General Burgoyne and his army. That he remained in the City of New York and on Long Island until some time about July last. Then he left New York with Thomas Man, and met George Gosby & proceeded up through this State of New York & went to Canada. That George Gosby joined them near Dobbs Ferry. That they arrived at St. Johns on the eleventh day of August last. That Thomas Man in their way up the east side of Hudson's River went into a House on the east side of the Highway at some distance from Poughkeepsie Court House & got provisions, that this was done in the Night. That he the examinant got Bread and dried Fish bro't to him from his mother's House in his way Northward. That soon after his arrival in Canada he was appointed an ensign in Ebenezer Jessup's Corps. That he was at St. Johns and engaged men for the Service in the British army as they arrived there. That he came out with the Party under Major Carleton who were lately at Fort Ann and destroyed part of Charlotte County. That he left the Party near Lake George. That Major Jessup gave him permission to leave the party and come into the Country; that he was to return by the first opportunity. That he had not any written permission or Furlow. That he came to the House of one Tinkey, near Batten Kill, where he was concealed about two Days and two nights. That Tinckey knew that he had come from the British army. That Tinkey told him of a Canoe to cross Hudson's River. That the said Tinkey did not charge him any thing for his lodging & provisions at his House. That he left the House of Tinckey in the Evening intending to proceed to see his mother and was apprehended a little below the placed called Stillwater; that he was apprehended a little before day light in the morning. That he had engaged Six men in the Service, but has not as yet received a Commission. Taken the 25th of October 1780, Before me. John McMullen. Saml. Stringer, Alderm'n. James Van Driesen, being examined says that he was born in Oswego in Dutchess County; that he removed to Newtown about six years ago; that he joined Burgoyne's Army in 1777 at Fort Miller, and remained with him till he surrendered, that he then went home to Newtown, that he took an oath of allegiance to the State of New York before he went to Burgoyne; that Governor Skeene administred an oath to him while with the British Army in which he swore to be true to King George; that while there he was employed as an artificer and received Pay; that since Burgoyne's Surrender he has remained at Newtown and worked at different Places; that some Time in the month of May about the 10th of the month, McIntosh Van De Bergh's Son in Law sent him word that Moffat was going to pilot a Party to Canada; that Capt. Joshua Losey also informed him that Moffat was going & that Moffat with his Party was to meet at John Ostrander's and that Losee with his Party was to be at Saragtoga Lake, where both Parties were to join; that Moffat sent one William Totten to old Moore to ask him whether he had seen a Party of men; that Mr. Moore sent an answer that he had not seen any; that Moore's Son went Part of the way with them; that after being fired upon by a Party of militia they separated and he proceeded to Canada; that when he arrived in Canada he joined McAlpine's Corps (which he was enlisted in at the Time he was with Burgoyne); and that he bore Arms while in Canada; that he came out in the late Expedition with Major Carleton and was with the Party while the action at Bloody Pond happened, and was at the taking of Fort Ann and Fort George; that he left Major Carlton's Party at Lake George; that when he made application to Major Jessup for leave to go and see his Family, the major informed him that he would send a Man with him whose Name is McMullen and that McMullen was going into the Country; that Moffat was also coming but when Moffat understood that the Examinant was to come he persuaded Major Jessup not to let the Examinant go, upon which his leave was countermanded that he afterwards came away without leave; that the Examinant travelled alone sometimes along the Road till he came to William Vrooman's House near the Fish Creek to Saragtoga: that the first House he came to he found a woman to whom he made himself known, who said she was glad to see him, and would do him all the good she could; that the woman said her Husband was from Home and that he the Ex't has since heard he lay in garrison at Palmertown; that the woman sent to Vrooman's House for Vrooman to come over, that Vrooman's wife came and took the Exam't over to the House; that when he came there Vrooman was not in the House (as he supposed because he was afraid of being taken); that Vrooman after a while came in and was very kind to him; that the Examinant on asking whether he could not proceed safely along the main Road was answered by Vrooman that it was dangerous, but that he would bring him to Brisben's House and that he reckoned if he was once there that Brisben would put him on safe way to get along; that he has understood that Brisben's Christian Name is James and that it is the same man who is now in Confiement with him; that when they came to Brisben's House & Vrooman made known to Brisben who the Examinant was, Brisben appeared a good deal dissatisfied and said he would have nothing to do with him; that Vrooman then brought the Examinant on the main Road near Col. Van Veghten; that Brisben while the Ex't was at his House, asked him whether he was hungry and said he would not turn away a man that was hungry; that two young Fellows from the Scotch Patent joined Major Carrlton's Party at Fort George; that the Name of the one he understood was young Archibald McNeal and the Name of the other was Gillchrist. his James X Van Driesen. mark Taken before me this 23d Day, of Oct'r 1780. Saml. Stringer, Alderman. Lewis Van Antwerp says James Van Driesen took a Bounty of thirty Pounds to enlist in the 9 months Service, and afterwards deserted to Canada; that he offered three half Johannis's to the guard to let him escape. State of New York. General Orders Albany Oct'r 26 1780. Field Officer of the Day Major Davies. Tried at a Criminal Court Martial whereof Lt. Colo. Commandant Weisenfells was President, Jacob Shell, John McMullen and James Vandriesen charged as Spies and under an act of the Legislature of this State entitled "An act subjecting all Persons who shall come out from the Enemy & secretly lurk in any Part of this State to Trials by Court Martials as Spies severally sentenced to be hanged by their Necks until they be dead. His Excellency the Governor approves of the Proceedings and confirms the Sentences. Shell & McMullen are to be hanged at the Common Place of Execution near the Barracks this afternoon at four O'Clock. Vandriesen is respited for the Space of fourteen Days. The Field Officer of the Day will give the necessary Directions for the Executions. The Continental Troops, Levies and the City Regiment of Militia, are to parade at three O'Clock and attend at the Place of Execution. Genl. Orders. Hd. Qrs. Pokeepsie Nov'r 3d 1780. * The execution of James Van Driesen, lately tried by a Genl. Court Martial whereof Lt. Colo. Comdt. Weissenfels was Presid't, convicted as a spy & sentenced to be executed accordingly, is further respited until the first Day of December next. [No. 3308.]† Address of Corporation of Albany to Governor Clinton. To His Excellency George Clinton Esqr. Governor of the State of New York, General and Commander in Chief of all the militia, and Admiral of the Navy of the same. The respectful address of the Mayor, Aldermen and Commonalty of the City of Albany. May it please your Excellency. We the Mayor Aldermen and Commonalty of the City of Albany, beg leave to congratulate your Excellency, on your safe return to this place. It affords us the highest Satisfaction, that your Excellency has, by the Suffrages of the people, at the last general Election; been continued as chief magistrate of the State; and we reflect with pleasure, on the prospect of a continuation of those civil and Religious Liberties, which we in common with other our fellow citizens, have enjoyed, under our free constitution, and your wise administration. While we lament the late cruel Depredations committed by a barbarous and savage enemy on the Frontiers of this State, it gives us infinite pleasure, that your Excellency (ever attentive to the preservation and protection of its inhabitants, and to punish the Insolence and cruelty of the Foe), has manifested a Disposition, and exerted your Endeavor, to repel their Incursions; and altho unsurmountable Difficulties have arisen against effecting the compleat capture of their Forces; yet we congratulate your Excellency on their defeat at Conajohary, by the militia and Levies under the command of Brigadier General Rensselaer; and permit us to add that our Happiness is encreased, by the consideration, that the Enemy were restrained from the completion of their purposes, by the vigorous pursuit of your Excellency with the Troops; whereby many valuable Buildings and great Quantities of Grain, devoted to Destruction in the minds of the Enemy, were preserved. We wish your Excellency every Happiness in public and private Life; and whatever the Enemies to our peace and mankind in general, may conceive from the intriguing schemes of their enterprizing Politicians; we trust that good Providence, which has so often protected the people of the United States of America, from the secret arts and machinations of the Enemy, will abate their pride and confound their Devices. In Testimony of the high sense we entertain of your Excellency's Zeal and Fidelity in promoting the public good, we beg leave to present your Excellency with the Freedom of this city. By order, Albany Octob'r 26th 1780. *See page 358. Ab'm Ten Broeck, Mayor. [Note on this document in pencil: "The reply to this may be found next volume No. 3513, which is, out of place, having no date. H. A. H." (Henry A. Homes)]. |