Our police. A history of the Baltimore force from the first watchman to the latest appointee

II Baltimoke, Maryland

18 88.

COPYRIGHT BY

J. M. BEERS.

*0\aJL

PRINTED BY

J. D. EHLERS & Co.

AND

GUGGENHEIMER, "WEIL & CO.

f f i'

. 2 i

Preface

Policemen are the heroes of peace as soldiers are heroes of war. In many respects they are the soldiers' superiors. They pass stricter examinations, they observe more rigid rules, and their exploits are without the glory that attaches itself to military life. Their duties are proverbially exacting. They must run constant physical risks and endure all kinds of weather. To unfaltering patience and fortitude they must add personal bravery of a high and continuous order. They must not only discover crime but they must prevent it. They must not only arrest criminals but they must protect the innocent by keeping track of the wrong-doers, be a restraint upon the idle and vicious. Whether a burglar-alarm sounds, a fire breaks out or a baby gets lost, it is towards the policeman that all thoughts immediately turn. They are our friends in danger, our protectors

The police of many cities have marked characteristics, but the Baltimore force occupies an enviable position, being a notably able and efficient organization. It suppressed the riotous elements that at one time ruled here and has made this city one of the safest and most orderly in the world. One can venture into any alley or street at any time of the day or night without fear or harm. "Crooks" of all kinds are as shy of Baltimore as they are of the penitentiary itself. The city is free from great crimes. Every where order and safety prevail. To the police the credit belongs.

The history of the police is to a large extent the history of Baltimore. It embraces the careers of prominent citizens, the accounts of important political changes, the interesting records of criminal sensations, the full details of great events and all those valuable incidents which the cut and-dried historian in his prosy

(III)

"T3E

IV PREFACE.

collection of dates and skeleton facts has either overlooked or disregarded. In no volume have the police of Baltimore been given the attention that by all the considerations of merit and importance belongs to them. Nothing has been published in permanent form to show the extent of their labors or to give the people an adequate idea of their history and careers. This book, then, has a large field all to itself and those who read it will be surprised at the abundance of interesting fact and anecdote which is put forth for the first time in its pages. It is a particularly fitting season to give this material an enduring form. Many old policemen and aged citizens whose reminiscences are priceless, are still alive to tell of the old times. Valuable data procurable now will have disappeared in a few years. The period now is when the police force has reached a position of general and undoubted excellence, and the history of its past — sometimes picturesque, sometimes exciting and always interesting — must be written before the records and the recollections have lost their freshness and accuracy.

But it is not with the past alone that this volume concerns itself for in the story of the present it will show how little the citizen realizes of the varied experiences of light and shadow, the romance and the darker side of the familiar blue-coated guardian's lot.

That the work will receive a kindly welcome is a hope that should be shared by every friend of humanity's friend — the Policeman.

Contents

List of Illustrations, ---------- xiv

eoster of the force, ----------- 533

CHAPTER I. Baltimore's Earliest Officers. (1606-1784.)

discovery and settlement of the patapsco. — "whetstone point " MADE a town and port of entry (1706). — THE town of baltimore created (1729). — the early conservators of the peace. the sheriff, constables and

public executioner. an office not sought after. a

€ase in point where the office sought the man.

cruel punishments inflicted on malefactors. — branding with irons. the pillory, stocks and ducking-stools.

— Baltimore's pillory and whipping-post at the old

COURT HOUSE. - Pp. 1-14

Chapter II (1784-1853.)

THE GUARDIANS OF THE TOWN ORGANIZED BY LEGISLATIVE

ENACTMENT. ALL MANNER OF TAXES TO SUPPORT THE PEACE

OFFICERS. — AT THE CLOSE OF THE REVOLUTION. — BALTIMORE

BECOMES A CITY. INCREASING THE NUMBER OF WATCHMEN.

ESTABLISHMENT OF WATCH-HOUSES AND ERECTION OF CELLS.

THE POLICE FORCE IN 1848. - Pp. 15-23

vii

VJ11 CONTENTS.

Chapter III (1853-1860.)

THE REORGANIZATION OF THE FORCE. — THE DUTIES OF ITS OFFICERS. — FOUR POLICE DISTRICTS AND THREE HUNDRED

AND FIFTY PATROLMEN. NO LONGER HIGH CONSTABLE, BUT

MARSHAL. FIRST POLICE HEADQUARTERS. THE PAY AND

UNIFORM. — THE POLICE AND THE MAGISTRATES. — NO PUNISH- MENT OF CRIME. — THE REORGANIZATION OF 1860. — MARSHAL KANE AND HIS ADMINISTRATION. ----- Pp. 24-44

CHAPTER IV. Civil War and the New Force

the entrance of the northern troops.— marshal kane's

precautions. protecting the military. the march

through the streets. " keep back, men, or i'll shoot."

the commissioners and marshal arrested. under

military rule. — the rival police boards. — good order again. — the reorganization of 1867. — the first board.

CHAPTER V. Flood of 1868, and Riot of 1877

baltimore inundated. — brave work by policemen. — commissioner carr's gallantry. — his terrible experience

in the flood and his rescue. policemf.n who aided

the destitute. — the police special 1tjni and its disposition by the commissioners. the cb s?ges in the

board. the riots of 1877, and the morai flbey taught.

the police force in 1885. pp. 75-116

CONTENTS. IX

CHAPTER VI. The Present Police Commissioners

how the board is now constituted. — its duties and responsibilities. — how the commissioners care for the members op the force. — sketch of president edson m. schryver. — treasurer alfred j. carr's duties and achievements as commissioner. — incidents in his career. — commissioner john quincy adams robson's life and his services to the state of maryland. — a sketch of secretary george savage. pp. 117-147

CHAPTER VII. The Marshal

the interesting career of marshal frey. — one of the bravest and best known officers in the country. — the conspicuous crimes he has unearthed. — hollohan's murderous attack upon him. — his magnanimity and his coolness in danger. — increasing the efficiency of the southern district police. — the attack on mrs. sarracco. — the wharton-ketchum poisoning case. — the murder of mrs. lampley. — the cumberland riots and mr. frey's bravery. — how he controlled the mob. — a raid on the baltimore banks by forgers. — the

UNGER-BOHLE TRUNK CASE. ------ Pp. 148-175

CHAPTER VIII. Deputy Marshal John Lannan

his rise from patrolman to deputy marshal. — a trip to china. — the minnesota and a typhoon. — clearing out dishonest servants. — running down new jersey burglars. a murderer identified intuitively. the rats y

CONTENTS.

HAD GNAWED HIS HANDCUFFS. — THE RIOTS OF 1877. — THE CENTRAL STATION A HOSPITAL. — THREE DAYS AND NIGHTS

CONTINUOUS SERVICE. — A VERY SHARP NEGRO. A DEPUTY

MARSHAL'S DIAMOND BADGE. — THE ONLY BURKING CASE IN AMERICA. ------------ Pp. 176-211

CHAPTER IX. The Detective Force

organization of the secret service. — chief detective crone. — captain cadwallader. — captain solomon h. fre-

burger. what some of the men have done. john s.

pontier. detective cunning and pluck. — robbing harn-

den's express. joseph c. mitchell.— an expert locksmith. — the arrest of herr goldbach. — a romance at barnum's hotel. — theoderick b. hall. — real and bogus

DETECTIVES. - Pp. 212-234

CHAP TUB X.

The Detective Force. — Continued.

ALBERT GAULT. — A REMARKABLE RECORD. — QUICK WORK WITH SKILLFUL BURGLARS. — RESCUING FROM THE FLOOD. — CLEVER

CAPTURE OF JOHN KING. CHRISTINE ELBRIGHT. ARREST OF

TOLLIVER HARRIS, THE NEGRO TERROR OF VIRGINIA. AMONG

THE MOONSHINERS. TERRIBLE CONFLICT WITH AN ESCAPED

PRISONER. DETECTIVE GEORGE W. SEIBOLD. RISEN FROM

THE RANKS. PURSUING THE CONFIDENCE MEN. A COLORED

FExMALE FAGIN. — THEIR CHILD RESTORED AFTER EIGHT YEARS. — A PRIESTLY SWINDLER. — DETECTIVE SEIBOLD AS A FAKIR. — CLEVER WORK IN ELLICOTT CITY. — BARN BURNING IN HOWARD

COUNTY. HOW AN AGED TRAMP REPAID FARMER RHINE' S

KINDNESS. _ Pp. 235-275 wLmtrn

CONTENTS. XI

CHAPTER XL

The Detective Force. {Concluded)

WILLIAM HENRY DROSTE. — THE LAST WORK ON THE MER- RIMAC. — A BAD EXPERIENCE AS A BLOCKADE-RUNNER. — THE EMANCIPATION CELEBRATION. — A BOGUS BILL-OF-LADING THIEF. — CATCHING THREE FORGERS. — THOMAS BARRANGER. — PURSUING A CONVICT.— A DEAF MUTE AS A HORSE-THIEF. — CAPTURING CHARLES H. HOCH. — STEPHEN J. O'NEILL. — FET- TERED BY STOLEN GOODS. — A YOUNG BUT NOTORIOUS BURG- LAR. — A STRUGGLE TO THE FINISH. — AQUILLA J. PUMPHREY. — A CASE OF MUTUAL SUSPICION. — SWINDLING AS A MISSION- ARY. JOHN E. REILLY. A BRAVE DEED. COMPLIMENTED

BY THE DEPARTMENT. -------- Pp, 276-302

CHAPTER XII.

Commanders of Districts.

ancient and modern history. — the late captain william delanty. — captain farnan of the central district. — the assault on captain clayton. — murder of louis

SCHMIDT. — TOOK HIM TO THE STATION DESPITE THE MOB. —

CAPTAIN CADWALLADER OF THE WESTERN DISTRICT. THE

KILLING OF HENRY MESNERING. — HOW MURDERER FOSTER WAS ARRESTED. — DETECTING THE MURDERERS OF DOUGLASS LOVE. — HE CUT HIS NECK "IN HALF." — CAPTAIN AULD OF THE EASTERN DISTRICT. — RUNNING DOWN A GANG OF BUR- GLARS. THE RIOTS OF 1861. AN EXPERT CHECK SWINDLER.

Xll CONTENTS.

CHAPTER XIII.

Commanders of Districts [Concluded.)

CAPTAIN CLAIBORNE OF THE SOUTHERN DISTRICT. — NAILING THE FLAG TO FORT SUMPTER'S STAFF. — A RECORD TO BE PROUD OF. — CAPTAIN EARHART OF THE NORTH-WESTERN DISTRICT. —

DRIVING OUT THE "GANGS." — HARRY GILMOR'S SPURS.

STRONGEST MAN ON THE FORCE — CAPTAIN BAKER OF THE SOUTH- WESTERN DISTRICT. — A DASTARDLY CRIME. — THE MURDER OF EMELINE MILLER. — CAPTURING BOARDING HOUSE THIEVES. — CAPTAIN BARBER OF THE NORTH-EASTERN DISTRICT. — HIS

CARE FOR PRISONERS. A ROBBER'S SHREWDNESS. STEALING

TWENTY-FIVE THOUSAND SHOESTRINGS. - - Pp. 361-422

CHAPTER XIV.

The Police Gymnasiums.

THE LACK OF AMBITION IN THE OLD FORCE. AN INCIDENT IN

SCALING FENCES. — FIRST ORGANIZATION IN THE CENTRAL DISTRICT. — STARTING A GYMNASIUM WITH $100. — ENGAGING

PROFESSOR KIMBALL. SOCIETY AND ATHLETICS COMBINED.

THE FIRST EXHIBITION A GREAT SUCCESS. INTERIOR OF

THE CENTRAL STATION GYMNASIUM. IN THE NORTH-WESTERN

GYMNASIUM. — CAPTAIN EARHART AS AN ATHLETE, AND HIS FONDNESS FOR HEAVY WEIGHTS. — HOW A FINE EXERCISING HALL WAS FURNISHED. — ; THE EASTERN DISTRICT EXERCISING HALLS, BOTH OLD AND NEW. — A FINE GYMNASIUM FROM A

SMALL BEGINNING. THE NORTH-EASTERN ATHLETES AT WORK.—

ORGANIZING A POLICE ASSOCIATION, AND ITS LIST OF RULES.

WHAT ATHLETICS HAS DONE FOR OUR POLICE. Pp. 423-461

CONTENTS. xiii

CHAPTER XV.

THE PATROL-WAGON SYSTEM. — THE TELEPHONE AND ALARM

TELEGRAPH. MR. COLTON'S AND MARSHAL GRAY'S TRIP TO

CHICAGO. ADVANTAGES OE THE SYSTEM. — THE HARBOR

PATROL. ITS WORK AND THE RESULTS OP IT. POLICE CHARI- TIES AND THE NOBLE WORK OE THE MEMBERS OF THE FORCE. — THE LIFE INSURANCE ASSOCIATION. - Pp. 462-485

CHAPTER XVI.

Charles Becker, the Forger.

little carl on the banks of the spree. — in america.

learning to engrave. in love with clara bechtel.

AN OMINOUS WISH.— THE FIRST CRIME. — ROBBING THE BAL- TIMORE THIRD NATIONAL BANK VAULT. IN A TURKISH

PRISON. THE ESCAPE AND THE MURDER OF MRS. CHAPMAN.

SWINDLING THE UNION TRUST COMPANY. — A SCHEME TO DE- FRAUD THE EUROPEAN CONTINENT. — THE 1,000 FRANC NOTE FORGERY. FOR NEARLY SIX YEARS A PRISONER. " YES,

pet, i'll try to be good." - - - - - Pp. 486-509

CHAPTER XVII.

A Forgers' Raid.

the history of the operations of brockway's gang of forgers in baltimore in 1880. — remarkable conspiracy to rob the city's great banking institutions. — the swindlers get away with more than §10,000 from two

banks. pursuit and capture of the criminals. — the

forgers in prison at last. — the drop game, pp. 510-532

ILLUSTRATIONS.

Frontispiece — Marshals op Baltimore.

The Ducking-Stool 8

The Pillory and Whipping-Post 9

Old Watchman and His Box 14

Charles Howard 31

William H. Gatchell 35

Charles D. Hinks 39

Hon. George William Brown 47

Hon. John W. Davis 51

Samuel Hindes 55

Nicholas L. Wood 59

William T. Valiant 63

James Young 63

Lefevre Jarrett 67

Hon. James E. Carr 77

Thomas W.Morse 85

JohnMilroy 89

Col. Harry Gilmor 93

Oen. Jas. R Herbert 97

Hon. George Colton 101

Maj. J. D. Ferguson 105

John T.Gray Ill

Edson Marion Schryver, President of the Board of Police Commissioners 121

Alfred J. Carr, Esq., Treasurer of the Board or Police Commissioners 127

J. Q. A. Robson, Police Commissioner 139

George Savage, Esq 143

Jacob Frey, Marshal oi Police 149

John Lannan, Deputy Marshal 177

Kogues' Gallery 213

William Delanty 305

John Mitchell 305

George W. Zimmerman 305

Thomas F. Farnan, Captain Central District 309

Old Middle District Station-House 314

James H. Busick, Lieutenant Central District 320

Frank J. Toner, Sergeant Central District 320

James Harvey, Sergeant Central District 320

Louis Kirsch, Sergeant Central District , 320

xiv

ILLUSTRATIONS.

XV

Martin P. Schimp, Sergeant Central District 320

William Barker, Sergeant Central District 320

W. B. Rcve, Sergeant... Central District 320

Henry Shoemack, Sergeant Central District 320

William H. Frazier, Lieutenant Central District 321

W. G. Scott, Sergeant Central District 321

Jas. A. Nippard, Sergeant Central District 321

Edward F. Meehan, Sergeant Central District 321

Ambrose A. Ryan, Sergeant Central District 321

J. J. Gilbert, Sergeant Central District 321

Charles Reinhardt, Sergeant Central District 321

George Clautice, Sergeant Central District 321

Lewis W. Cadwallader, Captain Western District 327

First Western District Station-House 334

F. Hamilton Scott, Lieutenant Western District 338

J. H. Clowe, Sergeant Western District 338

William Kalbfleisch, Sergeant Western District 338

John Driscoll, Sergeant Western District 338

Benj. T.Allen, Sergeant Western District 338

Philip Berger, Sergeant Western District 333

John Joseph Fullem, Lieutenant Western District 339

J. H. Henneman, Sergeant Western District 339

Patrick E. Tierney, Sergeant Western District 339

Philip Whalen, Sergeant Western District 339

E. J. Hoffman, Sergeant Western District 339

Benj. F. Auld, Captain Eastern District 343

William R. Johnson, Lieutenant Eastern District 354

Michael F. Black, Sergeant Eastern District 354

J. Andrew Roycroft, Sergeant Eastern District 354

Francis W. Jones, Sergeant Eastern District 354

Daniel E. Diggs, Sergeant Eastern District 354

Jas. K. P. Langley, Sergeant Eastern District 354

George League, Lieutenant Eastern District 355

Edward Schleigh, Sergeant Eastern District 355

Henry Poole, Sergeant Eastern District 355

Thos. T. Green, Sergeant Eastern District 355

Thos. E. Buckless, Sergeant Eastern District 355

Station-Housei Clerks 35S

Charles H. Claiborne, Captain Southern District 363

Geo. W. Aaron 367

W. H. Cassell 367

Benj. F. Kenney 367

Daniel Lepson 367

Calvin Sunstrom, Lieutenant Southern District 872

Philip Flood, Sergeant Southern District 372

Henry Streib, Sergeant, Southern District

XVI ILLUSTRATIONS.

Bernard Ward, Sergeant Southern District 372

George Dull, Sergeant Southern Distric 372

John A. Parks, Sergeant Southern District 372

A. C. Blackiston, Sergeant Southern District 372

David H. Bruchey, Lieutenant Southern District 373

W. H. Bowen, Sergeant Southern District 373

Louis Chaillou, Sergeant Southern District 373

Thomas B. McGee, Sergeant Southern District 373

Peter Kiley, Sergeant Southern District 373

Jos. D. Collins, Sergeant Southern District 373

Edward Schultz, Sergeant Southern District 373

Wm. C. Bayne, Sergeant Southern District 373

George W. Earhart, Captain North-western District 377

Wm. McK. Watkins, Lieutenant North-western District 386

John B. Saunders, Sergeant North-western District 386

Cornelius L. Knott, Sergeant North-western District 386

John A. G. Schultz, Sergeant North-western District 386

Littleton B. Wessels, Sergeant North-western District 386

Matthew E. Quinn, Sergeant North-western District 386

Frank J. Flannery, Lieutenant North-western District 387

Charles P. Dorn, Sergeant North-western District 387

John Carlos, Sergeant North-western District 387

Daniel H. Cline, Sergeant North-western District 387

Theo. J. Foster, Sergeant North-western District 387

John Baker, Captain South-western District 393

Thomas A. Fitzgerald, Lieutenant South-western District 402

Timothy A. Broderick, Sergeant South-western District 402

Chas. A. Shoemaker, Sergeant South-western District 402

Michael Lanahan, Sergeant South-western District 402

C. H. Williamson, Sergeant South-western District 402

Harvey P. Morhiser, Sergeant South-western District 402

William B. Minor, Lieutenant South-western District 403

John Butler, Sergeant South-western District 403

Wm. T. Russell, Sergeant South-western District 403

Peter Montague, Sergeant South-western District 403

Henry C. Smith, Sergeant South-western District 403

Philip J. Barber, Captain North-eastern District 407

Daniel Shettle, Lieutenant North-eastern District 418

Wm. J. Carrick, Sergeant North-eastern District 418

Basil S. Wellener, Jr., Sergeant North-eastern District 418

F. T. Crate, Sergeant North-eastern District 418

P. F. J. Bosch, Sergeant North-eastern District 418

Jas. H. Carroll, Lieutenant North-eastern District 419

Thos. F. Hogan, Sergeant North-eastern District 419

Augustus Chaillou, Sergeant ...North-eastern District 419

George William Schafer. Sergeant .*? North-eastern District 419

ILLUSTRATIONS. xvii

Benj. W. York, Sergeant North-eastern District 419

Henry Mittendorf, Sergeant North-eastern District 419

Central Station Gymnasium 430

In the Gymnasium Central District 435

North-Western Gymnasium Athletes 440

Police Athletic Club, North-eastern District Champions, 1887 451

Central District Police Base Ball Club 457

Police Patrol Signal Box, Baltimore and Charles Streets 465

Police Patrol Signal Box, with Officer Signalling Station 467

Central Station Outfit — Police Patrol Service 471

Police Patrol Wagon Central District 475

Police Patrol Wagon Eastern District 480

Police Patrol Wagon Western District 482

Bank Burglars' Outfit , 496

ANNOUNCEMENT.

The historical material for this work was obtained chiefly from the official records of the police department, though much information was had from other sources.

For the early history the writer has drawn on the records of the legislative assemblies and city councils, other historical works, old guide-books, directories and papers which were placed at his disposal.

To the ex-commissioners and ex-marshals who are now residents of Baltimore, the writer is under obligations for much information, and also to the present Board of Police Commissioners and Marshal Jacob Frey, for like assistance, as well as the means to verify the correctness of the work.

The illustrations are mainly "Ives" etchings, and were reproduced from photographs. The groups of officers are from negatives from the' studio of N. H. Busey, who, with Jas. S. Cummins, W. Getz and others, made the photographs from which the portraits were obtained.

Baltimore, January 1, 1888

OUR POLICK.

A HISTORY OF THE BALTIMORE FORCE FROM THE FIRST "WATCH- MAN TO THE LATEST APPOINTEE.

CHAPTER I. Baltimore's Earliest Officers

(1606-1784.)

discovert and settlement of the patapsco. "whetstone

point " made a town and port of entry (1706). the

town of baltimore created (1729). the early conservators of the peace. — the sheriff, constables and public executioner. — an office not sought after. — a case in point where the office sought the man. — cruel punishments inflicted on malefactors. — branding with irons. — the pillory, stocks and ducking-stools. — Baltimore's pillory and whipping-post at the old court house.

Baltimore's police and Baltimore's history are inseparable. To treat of the former the latter must also be developed, more particularly where it touches and affects the rise of the police system, showing how the force of to-day kept pace with the progress of Baltimore from the time it was but a little scattering hamlet under the cliffs and among the marshes along the banks of the Patapsco, down to the present, when, as a mighty metropolis she takes her place in the foremost rank of great American cities. It will be of interest to revert to those early days in her history and see from what small beginnings great results come.

The eyes of the white man first rested on the site of Baltimore in 1606. In that year Captain John Smith " some time Governor of Virginia," made his sixth voyage of discovery

OUR POLICE.

and penetrated the Patapsco river. Twenty-two years later Lord Baltimore cast a careless glance over the land on which it was destined would arise a city, the greatness of which should become a mighty monument to his name and fame. This was in the year 1628, when Lord Baltimore at the time of his visit to Virginia explored the country now called Maryland, and which was afterwards, on June 20, 1632, conferred upon him by royal charter.

In the year 1634, Leonard Calvert, who had- been appointed Lieutenant-General and Governor of Maryland by his brother, Lord Baltimore, together with another brother, George Calvert, and about two hundred colonists, arrived in the new province and settled at St. Mary's.

It was not, however, until the year 1659 that any steps were taken towards the systematic settlement of Baltimore county, although it is not unlikely that some of the more adventurous spirits, following in the track of Captain John Smith and Lord Baltimore, had pushed ahead and settled about the head waters of the Patapsco. In the year named Baltimore county was established. Its limits, as then fixed, were far more extensive than at present and embraced all of Harford and Carroll counties and large portions of Anne Arundel, Howard and Frederick. At that time the entire population of Maryland was about twelve thousand and that of the newly created county but about two thousand.

In the month of July, 1659, patents for land in the neighborhood of Baltimore were issued to Robert Gorsuch, Hugh Kensey, Richard Gorsuch, Thomas Humphreys, John Jones, Thomas Powell, Howell Powell, William Ball, and Walter Dickinson, each of whom was granted from 200 to 500 acres. Captain Thomas Howell, Captain Thomas Stockett and Messrs. Henry Stockett and John Taylor, Commissioners of the county, took up patents, and on July 20, 1661, held a court at the house of Captain Howell who was the presiding Commissioner. Mr. John Collett was their clerk.

Charles Gorsuch, a member of the society of Friends, was the next settler to take up ground, and he on February 24, 1661, patented 50 acres. This land afterwards, on June 2,

1702, passed into the possession of Mr. James Carroll, who called it '■ Whetstone Point." On the extremity of this stands Fort McHenry. In 1668, " Cole's Harbor," consisting of 550 acres, divided into nearly two equal parts by the stream, ''Jones' Falls," was granted to Thomas Cole. On this land the town of Baltimore was originally laid out.

So the infant settlement continued to grow. Each year added new settlers to the number who took up their plantations. The principal planters were also merchants who traded with London and other ports of England, and the large plantations, with their groups of storehouses and other buildings, assumed the appearance and performed the office of little towns. Many of the earliest courts and councils were held in these plantations. The governors, privy-councillors and county court judges were all planters.

For a long time " Cole's Harbor" afforded ample space for the accommodation of Baltimore but the settlement gradually extended its limits until all the surrounding lands and farms, under various names, were finally taken into its boundaries. In 1706, by Act of Assembly, "Whetstone Point" was made a town and declared a port of entry, the first within the present limits of Baltimore.

The following year, " Taylor's Choice," on Gunpowder river, was made a town, and the county seat of Baltimore county. A court-house was built and the name changed to Joppa.

Up to 1729, no name had been given the settlement upon the northwestern branch of the Patapsco. In that year its inhabitants emulating the example of some of their neighbors, desired the village to be erected into a town. " Moales Point" was first selected as the preferable site of the future city but the projectors were disappointed, fortunately, in securing this location, the bill having that object in view being defeated in the Legislature through the instrumentality of Mr. John Moale, a member and the owner of the land in question. Being excluded from this, the land of their choice, those interested in forming the new town were driven to seek the site for the future metropolis under the hills and amid the marshes of the northwestern branch of the river. Accordingly a petition was prepared for the Assembly by the County Commissioners or justices, and other persons which, on July 14. 1729. was presented in the Upper House. " praying that a bill may be brought in for the building of a town on the north side of Patapsco river, upon the land supposed to belong to Messrs. Charles and Daniel Carroll." On August v . 1729. the bill prayed for became a law under this title. " An Act for erecting a town on the north side of Patapsco. in Baltimore county, and for laying out in lots, sixty acres of land, in and about the place where one John Fleming now lives."

The commissioners appointed to lay out the town were Major Thomas Tolley. William Hamilton. William Buckner. Dr. George Walker. Richard Gist. Dr. George Buchanan and Colonel William Hammond. They were all justices of the county except Dr. Walker. These commissioners were practically appointed for life, as they were empowered to fill their own vacancies. They were authorized to purchase sixty acres of land on the tract known as " Cole's Harbor." and to lay out the same into sixty equal lots to be erected into a town. In January of the following year this was done and the commissioners, assisted by Philip Jones the county surveyor, laid off the town, whose original bounds made the form of an ancient lyre.

The town was divided by Long, now called Baltimore street, which was intersected at right-angles by Calvert street, then not named; and Forrest street now Charles street. There were alsc six lanes, which are now South. Second, Light. Hanover and Belvidere streets, and three other lanes which retain their original names of Lovely. St. Paul and German streets.

On January 14. the office of the commissioners was opened for " taker's-up," the proprietor. Mr. Carroll, choosing lot No. 49 on the east side of Calvert street, next the river bank. Mr. Gist taking one on the opposite side of Calvert street. Among the others taking lots were Messrs. Walker. Jones. Jackson. Hammond. Price. Buckner. Sheridine. Powell. Ridgely, Trotten. North. Hewitt. Gorsuch. and Harris — all inhabitants of the vicinity. Thus was the embryo city started upon its career.

The peace and good order of the new town was for many years entrusted wholly to the officers charged with that duty throughout the county. These were Commissioners of the County or Justices of the Peace, and were also Justices of the County Court ; a tithing-man in each manor, a constable in each hundred, a sheriff and coroner in the county and a public executioner for inflicting all corporal correction and punishment.

The Justices of the Peace or Commissioners of the County, terms used synonymously, forming the County Court, were appointed by the Lord Proprietary or in his absence by his Lieutenant-General. The tithing-man, whose duties were those of a petty constable, was appointed by the Lord of the Manor, and the High Constables of every hundred by the Commander of the hundred. It was the duty of the constable to execute all precepts and warrants to him directed, and had in all things "the like power and authority within the said hundred as a high constable of any hundred in England hath or ought to have within his hundred by the law or custom of England." A refusal to serve incurred the forfeiture of five hundred pounds of tobacco, the currency of those days. The Chief Judge of the County Court appointed the sheriff and coroner of the county, one person discharging the functions of both offices. The penalty of a refusal to discharge these responsible duties was the forfeiture of two thousand pounds of tobacco. The appointment to the ■least desirable office within the county, that of public executioner, was thus provided for: "And the said sheriff shall choose one of ids servants (and in case he hath no servant to accept thereof, the Lieutenant-General and Council shall appoint some person) for the execution of all corporal correction, shame or other punishment to be inflicted on the body or person of any one ; and if the person so chosen and appointed by the Lieutenant-General and Council shall refuse to execute the said office, the Lieutenant-General, upon complaint thereof made unto him, shall or may censure (a term applied to the speech of the Judge in giving his judgment in any criminal case) the person so refusing by corporal shame or correction as he shall think fit."

That it was difficult to fill this office notwithstanding the pains and penalties attached to a refusal, appears by the following.

where a malefactor is appointed to the post as one of the punishments for his crimes.

The Assemby in addition to its legislative powers sometimes exercised judicial functions. At one of the early sessions of that body the Secretary of State had, on the first day of the session, issued his writ to the "Sheriff of St. Mary's," to "have the body of John Dandie, smith, before the House of Assembly at nine of the clock this morning, to answer such crimes as on his lordship's behalf shall be objected against him." What these "crimes'' were does not appear, but sentence of death was passed upon the unlucky smith. On May 10, "upon the petition of a great part of the colony for the pardoning of Dandie, the Governor exchanged the sentence of death into three years service to the Lord Proprietary; wherewith the said Dandie was well content" — the record gravely concludes. By a subsequent document, a further pardon for John Dandie, it appears that in addition to his three years service, one of the conditions attached to the commutation of his death sentence was that he act as public executioner, the record reading as follows: "Amongst other penalties he was adjudged to be a public executioner within this province, but, for his good service and particular fidelity to Governor Calvert, he was thereby remitted from all former penalties whatsoever."

A disinclination to perform the duties of the public executioner is not surprising when some of the penalties to be inflicted upon transgressors in those days are known. By "An Act for felonies," introduced into the Assembly in 1639, the following offences were to be adjudged felonies, punishable with death : "Homicide; bloodshed, committed by assault upon the person of the Lieutenant-General ; to shed the blood of any Judge sitting in Court ; burglary, robbery, polygamy, sacrilege, sorcery, petit treason and rape." It was also made "felony within this province to commit idolatry, which is the worshipping of a false god;" or to commit "blasphemy, which is a cursed or wicked speaking of God ;" or "to sell, give, or deliver to any Indian, or to any other declared or professed enemy of the province, any gun, pistol, powder or shot, without the knowledge or license of the Lieutenant-General, or to teach any Indian or other declared enemy of the province the use of the said arms or the making thereof."