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A INENGIES

OF THE

Sok NEGIE MUSEURI

Vou. TE

1903-1904

Mi js ROLLAND SE. Ds, Sc.D. LL. 2aior

J. B. HATCHER, Pu.B., Associate Editor

PUBLISHED BY THE AUTHORITY OF THE
BOARD OF TRUSTEES OF THE CARNEGIE INSTITUTE

PRESS OF
THE NEw ERA PRINTING COMPANY
LANCASTER, PA

EABEE OP CONTEN is:

Title-page and Table of Contents.
List of Plates

i-iii

Vv
List of Illustrations : - vi-vii
Editorials. : ‘ I-4, I41-144, 431-433, 477-480
I. Astropecten ? riGttanSeA new Star-fish from the Fort Ben-

ton ; and some Geological Notes. By Earl Douglass. 5-8
II. Discovery of Remains of Astrodon (//euroce/us) in the At-
lantosaurus Beds of Wyoming. By J. B. Hatcher g-14
III. Osteology of the Limicole. By Dr. R. W. Shufeldt. 15-70
IV. Minute Book of the Virginia Court held for Yohogania
County, first at Augusta Town (now Washington, Pa.),
and afterwards on the Andrew Heath Farm near West
Elizabeth, 1776-1780. Introduction by Boyd Crumrine. 71-140
V. New Vertebrates from the Montana Tertiary. By Earl
Douglass . 145-200
VI. Description of a New Canis cid Snecies fi Tartoiee fom
the Jurassic of Colorado. By O. P. Hay . 201-204
VII. Minute Book of Virginia Court held for Yohogania County,
first at Augusta Town (now Washington, Pa.), 1776—
1780, (Cont.). Introduction by Boyd Crumrine . . 205-429

VIII. Osteology of Oxydactylus. By O. A. Peterson. . 434-476

IX, The Birds of Erie and Presque Isle, Erie County, Pennsyl-
vania. By W. E. C. Todd : : . 481-596
In Memoriam, John Bell Hatcher. By W. J. Holland . 597-604
Index . 605-613

24363

isl OF TUATES:

. Right lateral view of the skeleton of Jacana gymnostoma. See

explanation, p. 70.

. Contact between White River and Loup Fork, near Logan, Mon-

tana. See explanation, p. 199.

. Probaéna sculpta Hay. See explanation, p. 203.
. Figs. 1-4. Skull of Oxydactylus longipes. See explanation, p. 475.
. Figs. 1-7. Cervical vertebrze of Oxydactylus longip~es. Seep. 475.
. Figs, 1-5. See explanation, p.. 475.
. Figs. 1-3. See explanation, p. 475.
. Figs. 1-4. See explanation, p. 475.
. Figs. 1-5. See explanation, p. 476.
. Figs. 1-4. See explanation, p. 476.
ba
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.

Figs. 1-4. See explanation, p. 476.

Figs. 1-5. See explanation, p. 476.

Figs. 1-4. See explanation, p. 476.

Figs. 1-5. See explanation, p. 476.
Oxydactylus longipes. See p. 476.

Map of Presque Isle.

Niagara Pond, Presque Isle

Woodland at Head of Long Pond, Presque Isle.
Big Pond, Presque Isle.

John Bell Hatcher.

LIST OF FIGURES .IN Eee

Astropecten montanus : ; , ; ; : A

Astrodon johnstont. Cervical centrum, seen from left side and above.
a es Dorsal centrum, seen from left side and above .
ot Centrum of distal caudal, lateral.and superior views

Charadrius pluvialts. Side view of forepart of the skull. Under view
of the same partially dissected and enlarged.

ae sguatarola, Skull, superior view

cc ut Mandible, left lateral view . ,

mus dominicus. Pelvis, viewed from above

pi ue Sternum, pectoral aspect

us Pelvis, right lateral view :

es us Pygostyle and last caudal vertebra.

* Left humerus, palmar aspect.

Numentus longtrostrts. Skull with mandibular attached, right ee

view. : :

e es Skull, basal and superior views

as hudsonicus. Skull, right lateral view.

e borealts. Skull, right lateral view

Philohela minor. Skull, left lateral view .
Gallinago wilsont. Skull, left lateral view.
Himantopus mexicanus. Skull, left lateral view
Numenius longirostris. Sternum, pectoral aspect

‘ e Sternum, right lateral view
es Ge Pelvis, seen from above
se ae Pelvis, left lateral view. ; : 2 :
ee A Os furcula, three-quarter oblique view from
right side : ;
“f zs Left coracoid and scapula, direct anterior
aspect . : : : ;
es ns Left scapula and coracoid
ef - Right humerus, anconal aspect
o 5 Right manus, palmar aspect.
a “ Parts of right pelvic limb
fTlimantopus bachmanit. Skull, left iateral view
ae a Mandible, viewed from above
se i Skull, superior aspect. :
fs ne Skull, basal view

Heptodon. Part of left maxillary with last premolar and tines molars.
Crown view of teeth of same

vi

List oF FIGURES IN TExT. vii

FHyrachyus priscus. Mandible and anterior part of skull . 2 7,
Hyrachyus. Crown view of last left upper molar. ; ; 7 So
Flelodermoides tuberculatus. Top of skull, upper and lower views . 160
co as Part of mandible . , , . 160
Mesohippus latidens. Last upper premolar and the three abe of
left side. : : : ‘ : ran
Trigenicus soctalts. Portion of skull. Crown view of teeth . 5 Bier,
Oreodon macrorhinus. Side view of skull ‘ : : é . 164
Mesocyon drummondanus. Skull, side view. : : : . 165
UL ae Skull, palate view . : ; : . 166
Leptomeryx transmontanus, Skull. Crown view of teeth ; . 167
Promerycocherus minor. Skull and mandible, side view . F . 169
Talpa platybrachys. Humerus 2 : : : : splyZ
Mylagaulus paniensis. Portion of men cible showing teeth : iy 7
Mylagaulus. Premolar and molar . : : : : q Sy/s}
Aelurodon brachygnathus. Left mandibularramus . . 174
Hesperhys vagrans. Right ramus of mandible. Crown view si feet
of same . 5 . : : BF airs
Poatrephes paludicola. Right view of Sel ; 2 : : 5p)
Merychyus smithi, Part of mandible : : ‘ ; : a ayo)
Vertebra of fish, end view. : : : : Lon
Sciurus sp. Portion of mandible aaa incisors and anterior fecthi Dor
Sciurus arctomyoides. Left ramus of mandible : 5 : los
Palearctomys montanus. Skull and mandible . : 183
aie macrorhinus. Skull from right side. : : Fame
a es Skull, lower view : : . 185
Mylagaulus pristinus, Left ramus of mandible, side and ee views . 188
x proximus. Inside and top views of mandible 5 . 189
Mylagaulus. Portion of mandible showing position of teeth. . 190
Mylagaulus paniensis. Permanent premolar, side and crown views . IgI
Mustela minor. Left ramus of mandible . ; : : : +192
Dinocyon ossifragus. Portion of skull. é : : : 193
“ a Skull, palate view . ; : ‘ ‘ . 194
Aphelops ceratorhinus. Nasals : : ‘ : » 195
aie a Left ramus of Sy aricuele: inner view. . 196
Merycodus necatus. Portion of antler. : 5 : : = LO7
Merycodus. - nas ; : : . 198

Palate views of skulls of two guanacos taken oi the same band at
Cape Fairweather, Patagonia, showing remarkable individual
variation in dental and cranial characters . : : . 444

Ideal section of Miocene formations from Squaw Butte to outs side
of Running Water River, Sioux Co., Nebraska . : ; 5 AGA

ANNALS

OF THE

Cee Gh ve Ss UM

VOLUME I» INO? 1:

EDITORIAL.

THE first part of the second volume of the Annals of the Carnegie
Museum goes to press just as intelligence reaches us of the decision of
the Supreme Court of Pennsylvania, which definitely settles the ques-
tion of the right of the municipality to appropriate lands for park pur-
poses, though such purchase is avowedly made with the ulterior object
of placing thereon buildings such as the proposed extension of the
Carnegie Institute. It is needless to say that the decision of the court
has been received with unalloyed satisfaction, not merely by those
who are strictly concerned with the administration of the affairs of the
Institute, but by the entire population of the city. So far as is known
no decision in recent years touching public matters in the city of Pitts-
burg has given more profound satisfaction to the masses of the people
than that which has just been rendered. When the gracious founder
of the Institute conceived the idea of adding halls to the library, in
which science and the arts should find fitting homes, he paved the way
for adding immeasurably to the pleasures of existence in this busy
metropolis of the iron industry. The citizen of to-day can scarcely
realize as he looks back how he endured the conditions of life in the
Pittsburgh of the past, which was a Pittsburgh, so far as the public was
concerned, without books, without pictures, without a museum. The
throng of those who weekly resort to the halls of the Institute, coming

] ]

) ANNALS OF THE CARNEGIE MUSEUM.

and going with pleasure manifestly written upon their countenances,
furnish eloquent proof in their mere numbers of the manner in which
the wise forethought of Andrew Carnegie has met a human necessity.
Men do not live by bread alone. ‘There are hungerings and thirstings
besides those of the mere body, and he does a great good to any com-
munity who endeavors to meet these appetencies which are more dis-
tinctively human than hunger and thirst.

After years of waiting we now hope soon to see the plans that have
been formed for the extension of the Institute and thus for the exten-
sion of its power and usefulness carried into effect. It is with un-
feigned pleasure that we are able to say that at last the dawn of de-
liverance breaks and the way is opening to that larger life for the en-
joyment of which the founder has made magnificent provision. ‘The
Library will erelong have possession of the entire space occupied by
the present building. The Art Gallery will have what it requires for
the display of the pictures which are already possessed and which may
hereafter be acquired, as well as for the annual exhibitions which have
proved so important. ‘The Museum will enter upon rooms fitted, it is
hoped, for many long years to display the gradually accumulating stores
of things illustrative of the forms of life and of human development
and history, which make such a spot resorted to by thousands. Added
to these exhibition halls will be laboratories and study rooms in which
provision will be made for the prosecution of original research,
Herein is the chief glory and crown of an institution of this character,
that it not merely tells what man has done, but does that, which man
never heretofore has done, in the way of developing a knowledge of
the mysteries of the universe. It is sincerely hoped that with new and
enlarged facilities the Carnegie Museum will become to a higher de-
gree the exponent in Pittsburgh of the spirit of scientific investigation.

Ir is with much pleasure that we are able to continue in this num-
ber of the Anna/s the presentation of the records of the old Virginia
courts which were held in southwestern Pennsylvania in the years im-
mediately preceding the settlement of the boundary controversy be-
tween Virginia and Pennsylvania. ‘The student of local history will
find much in these records of great interest, and their preservation in
printed form will no doubt be regarded as an important service to the
cause of the local historian. It is hoped in the present volume of the

EDITORIAL. 3

Annals to bring the publication of these records to completion. Many
thanks are due to Mr. Boyd Crumrine for the careful manner in which
he has attended to their transcription.

Mr. Huco Kaut, formerly connected with the University of Kan-
sas and latterly with the University of Illinois has taken the place on
the staff of the Museum as assistant custodian in entomology formerly
held by Mr. Herbert H. Smith.

THE following JZemozrs have issued from the press: No. 2, Olzgo-
cene Canide, by J. B. Hatcher; No. 3, Zhe Osteology of the Stega-
nopodes, by R. W. Shufeldt. An elaborate Memoir upon the Classifica-
tion of the Superfamily Cha/c¢doidea with descriptions of new species
contained in the collections of the Carnegie Museum, has been pre-
pared by Mr. W. H. Ashmead of the U. S. National Museum, and
will be issued as AM/emotr No. g of the Carnegie Museum. It is now
passing through the press.

The paleontological explorations conducted by the Museum in Mon-
tana, Wyoming, and Nebraska have resulted in the acquisition of
much new and valuable material, which will constitute the basis for
a number of important papers shortly to be published.

Since the last number of the Anza/s was issued the Museum has
acquired the entire collection of the birds of Holland made by Baron
Snouckaert van Schauburg. ‘The collection consists of mounted speci-
mens in beautiful condition, having been mounted by ter Meer, one of
the ablest of Dutch taxidermists. There are about three hundred
species represented in the collection, in most cases by both sexes as
well as by the young. A small collection of the birds of Costa Rica
made by Mr. M. A. Carriker, Jr., has also been acquired. Among
the specimens collected by Mr. Carriker are a number of rarities.
Mr. W. W. Worthington is engaged in collecting the birds of Florida
for the Museum.

A SYSTEMATIC effort is being made to increase the collection of
minerals belonging to the Museum. Within the past month several
hundreds of species not heretofore represented in the collection have
been acquired. The beautiful collection of gems and gemstones pre-

4 ANNALS OF THE CARNEGIE MUSEUM.

sented to the Museum by Mr. J. L. Lewis has been installed and is
now on exhibition.

THe Entomological Society of Western Pennsylvania, which was
organized last spring, numbers over thirty members and has held
regular monthly meetings at the Museum. Much interest has been
developed. At present diligent work is going on in the preparation
of a list of all the species of Lepidoptera known to occur in western
Pennsylvania with a view to the publication of the same in the Annals
of the Carnegie Museum.

THE botanical collections belonging to the Museum are being
steadily arranged and classified. Over twenty thousand species of
plants are known to be already contained in the collection.

A NUMBER Of minor but important additions have been made to the

collections in conchology. There are at the present time fully fifteen

» thousand species represented in the various collections of shells which
have been acquired.

I. ASTROPECTEN? MONTANUS—A NEW STAR-FISH
FROM THE FORT BENTON; AND SOME
GEOLOGICAL NOTES.

By Earzt Doucuass.

In October, rgor, after finishing my collecting work for the Prince-
ton Museum in the region of the Musselshell River in Montana, my
father and myself started westward with team and camping outfit to
reéxamine the Miocene deposits in the vicinity of Three Forks. We
followed the Musselshell River to the source of its southern fork and
passed over the divide into the valley of the South Fork of Smith
River. Here, near Dorsey Station, the cream-colored nodular clays of
the Deep River beds form quite high benches, while the lower benches
and sage-brush flats are composed of softer material of lighter color.
The latter look like the Lower White River beds as seen in other por-
tions of western Montana; and, though no fossils were found, there is
little doubt that the beds belong to this horizon. I do not think that
the occurrence of White River beds has previously been noted in the
Smith River valley.

From here we went southwestward, passing down the rugged, pictur-
esque cafion of Sixteen Mile Creek. Here the Carboniferous lime-
stones form huge walls, high pinnacles, and rugged masses, which are
irregularly stained with red, giving thema fantastic appearance. The
Madison division contains some fossils, as it does in nearly every place
where it is exposed ; though the fossils are not so abundant here as in
some localities.

South of the main stream of Sixteen Mile Creek, in the foot-hills at
the north end of the Bridger Range, about twenty-five miles north of
Bozeman, we stopped at the house of Mr. Urquhart. Ascending a
ridge composed principally of igneous material just east of the house,
we found, near the top, a layer of hard, compact, gray, iron-stained
rock, crowded with fossil leaves. This probably belongs to the Living-
ston formation.

We remained about three days in order to examine the cafion of the
South Fork of Sixteen Mile Creek where Mr. Urquhart and his sons
had found many fossils.

6 ANNALS OF THE CARNEGIE MUSEUM.

The fossils occur in dark shales and sandstones, the latter being
sometimes very hard. We obtained remains of mollusca, a crusta-
cean, and fish scales. The shells prove that the rocks belong to the
Fort Benton group. ‘The crustacean is Linuparus canadensis. ‘The
new star fish which is described in this paper was found by Mr.
William Urquhart several yearsago in these Benton beds. He showed
me the place where he found it, and the matrix is like the Benton cal-
careous sandstone at this place ; so his remembrance of the locality of
its discovery is confirmed. The strata dip at a high angle. ‘The
locality is near the intersection of the 46th parallel and the rirth
meridian and is about twenty-three miles nearly due north of Bozeman.

LINUPARUS CANADENSIS (Whiteaves).

Hoploparia canadensis Whiteaves, Contrib. Canad. Pal., Vol. I.,
Part W., 1835, pnd 75s leg rts

(Locality: Highwood River, a tributary of the Bow River.) Ten
miles west of the first fork. Probably Fort Benton (p. 89).

Linuparus atavius Ortmann, Amer. Jour. Sci., Vol. 4, 1897, p.
290; fig. 1-3 (Niobrara?) Head of Cottonwood Creek, Mead Co.,
S. Dakota. .

There are several specimens of different sizes indicating difference in
age —three carapaces, one antennal region, one abdomen well pre-
served. All agree with this species in every detail except in size.
Only one specimen attains the dimensions of the smallest specimen
described by Ortmann.

The Dakota specimen was obtained from Mr. H. F. Wells. The
horizon is somewhat doubtful, though he thought it to be Niobrara.
There is some doubt also concerning the Canada specimens.

ASTROPECTEN ? MONTANUS, Sp. Nov.

The type consists of an impression in the hard calcareous sand-
stone. Since it is only an impression its anatomical characters can
only partially be made out.

Size small ; arms five, narrow and gradually tapering, longer than
diameter of body ; five radial elliptical figures on body, all except one
nearly in line with the long axis of the arms. The most prominent
markings are the pits which probably represent the marginal plates.
It is possible however that these may be impressions of the ambulacra.
Half way from the base to the end of the arm each row of pits is nearly

DouGLass : ASTROPECTEN ? MONTANUS. Uf

as wide as the middle portion of the arm. Only one arm is complete.
This has twelve pits on each side and they are opposite. From the
central pit to end of perfect arm 12 mm. From
central pit to margin of body between the arms 3.5
mm.

It was said by those who saw it when first obtained
to have possessed little markings on the margins of
the arms. The rock was used for years as a step
near the door and if these were present they have

been wholly worn away.
The rock is a hard, fine-grained calcareous sand-
stone, greenish-gray in color and weathering to

Fic. 1. Astropec-
ten? montanus Doug-
: lass. (No. 601.)
brown on the surface. Ne eaeiee:

Below are given determinations of the accompany-
ing fossils and notes which were both kindly furnished by Dr. A. E.
Ortmann. ‘They are of interest as determining the horizon of the beds
and showing the fauna of the Fort Benton near the eastern portion of
the mountain region, since much of the Cretaceous of this region has
been found to be poor in fossils.

INOCERAMUS UNDABUNDUS Meek and Hayden (?).

Stanton, Bull: U: S: Geol. Sury., 106,1893, p. $4, pl. 6, figs. 1, 2.

(Fort Benton. Upper Missouri Region. )

Five casts ; smaller than type, but outline and character of sculpture
similar ; the undulations, however, are a little more crowded, which
may be due to the younger age of our specimens.

PINNA LAKESI White (?).

Wie, woth eAnn a ikep. 9. 5..Geol, andy Geos. Surv. of Verr:,
bate le Puoos. ps L7,-ple. 11, fe. 1:

Ridge sixteen miles west of Greeley, Colorado. (Fort Pierre. )

Reported from South Fork of Old Man River, Canada, by Whit-
eaves. Contrib. Can. Pal., Vol. I., part 1, 1885, p. 84. Apparently
Fort Benton (p. 89).

One fragrant compared with the type agrees well, but is smaller
and more compressed, sculpture identical.

PHOLADOMYA PAPYRACEA Meek & Hayden (?). AE\ CAS
OaleAT )

stanton, Bull. U. S. Geol. Surv., 106, p. 1176, pl. 26, p. 1. fs
Fort Benton group. Upper Missouri region. fe
Three specimens (both valves).

ANNALS OF THE CARNEGIE MUSEUM.

io 2)

The identification remains doubtful. Our individuals correspond to
this species in sculpture, but they are longer and thicker. Stanton
mentions specimens from Montana that are much larger than the
type.

SCHLOENBACHIA SHOSHONENSIS (Meek).

Mortoniceras shoshonensts Meek, Rep. U. S. Geol. Surv. Terr.,
Vol. 9, 1876, p. 449, pl. 6, figs. 3 and 6.

Stanton, Bull: U. S. Geoli-Surv:, 106, 13935 p..179, ple 44.migs.12
and 2.

Fort Benton, of Wyoming.

One fragment hardly larger than the one figured by Meek, but evi-
dently the same character of sculpture.

SCAPHITES VENTRICOSUS Meek & Hayden.

U.S: Geol. Surv. Terr., Vol.-9; 1876, p. 425, pl. 6, figs. 7.and's.

Stanton, Bull. U. S. Geol. Surv., 106, 1893, p. 186, pl. 44, ngs.
8-10, pl. 45. (Fort Benton of Upper Missouri region. )

One complete individual of about the size of that figured by Stanton
in pl. 44, fig. 10, and agreeing with it exactly in the external charac-
ters (sculpture).

Indeterminable casts of bivalves, Ostrea? Exogyra, Cucullea, and
gasteropods ( Zurritella 7).

Note. The specimens above described are in the Princeton collec-
tion with the exception of Astropecten ? montanus which is in the Car-
negie Museum.

CARNEGIE MUSEUM,
October 6, 1902.

II..; DISCOVERY OF REMAINS OF ASTRODON (PLEUROCG-
LUS) IN THE ATLANTOSAURUS BEDS OF
WYOMING.

By J. B. HATcHeERr.

While engaged during the season of rgo1 in collecting dinosaur
remains in the Atlantosaurus beds on Sheep Creek, Albany Co., Wyo-
ming, Mr. C. W. Gilmore discovered two vertebral centra (No. 578),
which I am unable to distinguish either generically or specifically from
those described and figured by the late Professor Marsh as pertaining
to Pleurocelus nanus, which, as will be shown later, should be re-
garded as a synonym of Astrodon johnstoni Leidy.

2p
Amie tii ' AW yy : CTT
| vl ines Ha
OL ll | : St
mA THT TS Anke
Pall les \ \ \
NS Wh)

Fics. t and 2. Cervical centrum of Astrodon johnstoni Leidy, seen from left
side and above ; one half natural size. (No. 578.)

One of these centra, lateral and superior views of which are shown
in Figs. 1 and 2, I regard as pertaining to a posterior cervical. Its
sides are deeply excavated in such manner that the body of the cen-
trum is reduced throughout its middle region to superior and inferior
horizontal plates connected by a thin median vertical lamina. ‘The
neural canal was small and much constricted medially. ‘The centrum
is strongly opisthoccelous and the transverse diameter is greater than
the perpendicular. It agrees almost perfectly in size and general
characters with the cervical centrum of Astrodon (Pleurocelus) nanus
figured by Marsh in his Dinosaurs of North America’, except that in

1 Sixteenth Ann. Rep. U. S. G. S., Pt. 1, Pl. XL.

9) ?

10 ANNALS OF THE CARNEGIE MUSEUM.

the present specimen the facet for the cervical rib is broken away,
thus giving to this region a somewhat different aspect.

The centrum shown in Figs. 3 and 4 I regard as pertaining to the
last dorsal. The posterior extremity is moderately concave, and the
anterior slightly so. ‘The lateral cavities are deep, though not so pro-
nounced as in the cervical ; that on the left side is decidedly deeper
than the one on the right. The neural canal was much larger than in
the cervical and at about its middle there is a deep pit giving origin to
two small foramina which no doubt served for the transmission of
nutrient blood vessels to the interior of the bone. The vertebral cen-

dos

Fics. 3 and 4. Centrum of last ? dorsal seen from left side and above. (No.

578.) One half natural size.

trum described by Marsh as a posterior dorsal and figured in plate XL.,
Figs. 4 and 5, of his Dinosaurs of North America, in reality pertained
to an anterior dorsal, as is evidenced by its strongly opisthoccelian
character and the more extended pleurocentral cavities, while the
dorsal centrum figured in the text as pertaining to Plewrocalus was
from the mid-dorsal region, as is evidenced by its less decided opistho-
ccelian nature and smaller lateral cavities.

In Figs. 5 and 6 are shown lateral and superior views of a posterior
caudal centrum, pertaining to about the same region as that figured by
Marsh in plate XL., figs. 8 and 9, of his Dinosaurs of North America,
from a specimen found in the Potomac beds of Maryland. The pres-
ent specimen was found by Mr. Gilmore in the Atlantosaurus beds, on
Sheep Creek, Wyo., but in a different quarry from that which furnished
the dorsal and cervical centra figured above.

HATCHER: ASTRODON IN WYOMING. 11

A careful comparison of these remains with those figured by Marsh
as pertaining to Pleurocelus nanus, based on material discovered by
the present writer in the Potomac beds of Maryland, will, I think, show
it to be quite impossible to definitely distinguish these remains either
generically or specifically from the latter. The same may be said of

Fics. 5 and 6. Lateral and superior views of centrum of distal caudal. (No.
585.) One half natural size.

the material upon which was based Marsh’s description of Plewrocalus
montanus. ‘These western forms may, however, be specifically distinct
from the Maryland species.

SYNONYMY OF PLEUROCGELUS NANUS MARSH AND ASTRODON
JOHNSTONI LEIpDy.

It now remains to discuss the synonymy of the above-mentioned
genera and species.

The generic name of 4s¢vodon was given without description in the
American Journal of Dental Science, 1859, by Dr. Christopher Johns-
ton to certain reptilian teeth obtained by a Mr. Tyson from a bed of
iron ore near Bladensburg, Maryland.

In 1865,° as Astrodon johnstont, Dr. Leidy fully described and fig-
ured these teeth, thus placing the genus on a valid foundation. A
comparison of Dr. Leidy’s figures of the teeth of Astrodon johnstont
with Marsh’s figures of Pleurocelus nanus will show a very striking
similarity between the two, which is rendered all the more striking by
an actual comparison of the specimens themselves. Moreover since I
myself collected all of the material described and figured by Professor
Marsh I can assert that it likewise was found in a bed of iron ore near
Bladensburg, Maryland. ‘The exact locality of the Marsh material was
certain iron ore mines on the farm of Mr. Wm. Coffin, and especially
in that one locally known as ‘‘ Swampoodle’’ and situated about one
and one half miles northeast of Beltsville on the Baltimore and Ohio
Railway, some thirteen miles from Washington. Since these remains

2 Memoir on the extinct Reptiles of the Cretaceous formations of the United States,
Smith, Contr. to Knowl., Vol. 14, Pl. XIII, figs. 20-23.

0 ANNALS OF THE CARNEGIE .MUSEUM.

were found in essentially, and perhaps identically, the same locality and
horizon, and, in consideration of the very great similarity which they
exhibit, there appears no good reason for considering them as pertain-
ing to either different genera or species. Astrodon johnstoni Leidy
having priority should therefore be retained, while Plewrocelus nanus
would become a synonym of that genus and species.

RELATIONS OF ASTRODON JOHNSTONI LEIDY (PLEUROCCELUS NANUS
MarsH) AND ELOSAURUS PARVUS PETERSON AND GILMORE TO
OTHER GENERA OF JURASSIC SAUROPOD DINOSAURS.

It will have been noticed no doubt that the character of the remains
which have been referred to the above-mentioned genera and species
indicates that they pertain to animals not yet fully adult. This is
shown by the sutural connections exhibited between the centra and
neural arches of the various vertebre ; by the free coracoid in Elosaurus ;
and by the character of such portions of the skull of Astrodon as have
been recovered. While collecting in the Potomac beds I secured a
number of fragments of skulls pertaining to both upper and lower jaws.
Whenever teeth were present they invariably belonged to the first series
and were not yet fully erupted, the points of the crowns scarcely rising
above the borders of the jaw, showing conclusively that the animal had
not yet reached the adult stage. Some of the larger limb bones from
Maryland described by Professor Marsh as Plewrocalus altus* may per-
haps have pertained to fully adult individuals, but unfortunately only
the tibia and one or two other fragmentary limb bones of this is known.
Now it would seem somewhat remarkable that only immature specimens
of these animals should have been secured while for the most part only
fully adult representatives of such genera as Diplodocus, Morosaurus,
Brontosaurus, etc., are known from the same deposits. Since these
last-mentioned genera must have been represented by young and im-
mature individuals it does not seem at all improbable that some of the
remains which have been referred to Pleurocelus, Astrodon, or L:losau-
ris may in reality belong to the young of some of these genera of the
larger sauropoda. From what we know of the cervicals and dorsals of
Astrodon (Pleurocelus) they might very well have belonged to a young
specimen of Brontosaurus. as might also the detached teeth figured by
both Leidy and Marsh; while the fragment of a jaw figured by Marsh

3 Am. Journ. Sci., Vol. XXXV, 1888, p. 92.

HATCHER: ASTRODON IN WYOMING. 13

in plate XL. of his Dinosaurs of North America as pertaining to P/ewro-
celus nanus agrees very well, except insize, with a similar fragment of
Brontosaurus figured in plate XX. If one compares the detached
teeth of Lrontosaurus and Astrodon (Pleurocelus) as shown by Marsh
respectively on plates XX. and XL. of his Dinosaurs of North America,
he cannot but be impressed with the remarkable similarity which they
exhibit. While it is true that some of the remains described by Pro-
fessor Marsh as pertaining to Astrodon (Pleurocalus) could not pos-
sibly have belonged to a young Brontosaur, it is equally true that the
association of this material is purely conjectural. No two bones or
fragments of all that material collected from the Potomac beds in
Maryland were found in such relation to one another as to demonstrate
that they had belonged to the same individual. In any discussion as
to the affinities of these various genera and species of small sauropod
dinosaurs, not only the immature nature of the remains upon which
they have been based, but also the scattered and disarticulated state in
which they were found, must be constantly borne in mind. With the
possible exception of H/osaurus parvus it remains to be shown that any
of these forms are not the young of some of the well-known larger
forms, and most of the known remains of this last-mentioned genus
resemble very closely in many important details like parts of the skele-
ton of Worosaurus, as has been pointed out by Peterson and Gilmore
in their original description.

The discovery of these remains of Astrodon in the Jurassic deposits
of Wyoming is of the greatest importance as furnishing additional evi-
dence in favor of the reference of these two widely separated deposits
to one and the same geological horizon as was originally suggested by
Marsh. Should future discoveries demonstrate that any one, or all of
these smaller sauropods, are but immature representatives of the larger
forms, the evidence in favor of this correlation will be strengthened
rather than weakened. Marsh has reported remains of Astrodon
(Pleurocelus) from the Jurassic deposits near Havre in Normandy,
while the type of Astrodon (Pleurocelus) suffosus was derived from
the Kimmeridge of Swindon, England. It is evident therefore that
these dinosaurs had a very wide geographical distribution and that
while the European forms may belong to different species than the
American they nevertheless furnish important evidence as to the rela-
tive age of the European and American deposits. Since the Kimmer-
idge clays are of undoubted Jurassic age, and considering the simi-

14 ANNALS OF THE CARNEGIE MuSsEUM.

larity existing between the dinosaur remains of that formation and
those of the Potomac and Atlantosaurus beds, the age of the two latter
would seem to be not more recent than Jurassic.
CARNEGIE MUSEUM,
October 23, 1902.

e

ii OSTEOLOGY OF THE LIMICOLzA:
By Dr. R. W. SHUFELDT.

INTRODUCTION.

Two or three years ago I gathered together into one memoir a num-
ber of papers I had published on the limicoline birds since 1883,
digesting, as well as augmenting, the material thus collected. Subse-
quently I went over this entire MS. again, improving it in many ways
and adding many new facts, which I had obtained as a result of my
studies of more extended series of skeletons of this group. Finally, at
the present writing, that is the last part of September, 1902, the entire
monograph has been carefully gone over again, and largely remodeled,
and this entailed a copying of many pages of the work —a task cheer-
fully performed for me by my wife Alfhild, to whom my thanks are
due. As the paper now stands, it is probably the most extensive con-
tribution to the osteology and taxonomy of the Zzmzco/e that has
appeared from the pen of any writer on the subject up to the present
time. With this brief prefatory history I pass at once to the consider-
ation of the results of my researches in the osteology of the forms con-
tained in this suborder.

ON THE OSTEOLOGY OF THE LIMICOLINE BIRDS, WITH VIEWS Upon
THEIR CLASSIFICATION.

It was Professor Alfred Newton who said under the article ‘‘ Plover ’’
in the ninth edition of the Encyclopedia Britannica (Vol. XIX., p.
228) that ‘‘ Though the various forms here spoken of as Plovers are
almost certainly closely allied, they must be regarded as constituting a
very indefinite group, for hardly any strong line of demarcation can be
drawn between them and the Sandpipers and Snipes. United, how-
ever, with both of the latter, under the name Zzmzco/e, after the method
approved by the most recent systematists, the whole form an assem-
blage, the compactness of which no observant ornithologist can hesitate
to admit, even if he be not inclined to treat as its nearest relations the
Bustards on the one hand and the Gazz@ on the other, as before sug-
gested.’’ ‘This is quite in harmony with my own views in the premises,

15

16 ANNALS OF THE CARNEGIE MUSEUM.

and I believe with Professor Newton that it meets the ideas of the
majority of systematists, and I may add, what is more important, the
ideas of most avian morphologists.

Of the Zemicole, this great suborder of birds, widely known as the
‘‘plover-snipe’’ group, and in the main constituting the Charadrio-
morphe of Professor Huxley (P. Z. S. 1867, p. 457), Coues has said,
that ‘‘ Most of the families of this order are well represented in this
country, and will be found fully characterized beyond. The position
of Parride is in question, and it probably belongs here rather than
among the families where it is ranged [A/ectorides]. There are
several outlying or inosculating families in the vicinity of Zzmzcole and
Alectorides, of uncertain position. The largest of these is the Bustard
family, O/¢dide@, which connects Limicole and Alectorides so perfectly,
that its position has long wavered between these two orders; the
balance of evidence favors its reference to the latter. The typical
families are Charadritde and Scolopacide.’’ (‘* Key’’ 2d ed., pp.
596, 597-)

In these remarks Coues says nothing about his having placed the
Herodiones between the Limicolez and the Alectorides in the work
cited, which he has done, and his remarkable classification of the latter
group is too well known to call for any comment here.

Professor Max Fiirbringer in his great work upon the Morphology of
Birds arranges the Zzmzco/e in the following manner.

F. Charadriide.
F. s. str. Glareo-

& Gasesme ;
= Gos; LAT: ria : lidce
A=) . . ey .
Rat Eh LARO-LIMI- DRL, F. s. str. Droma-
5 cs COL. didee.
ns SO. .GHARA= F. Chionidide.
SS DRIIFORMES. F. Laride.
5.8 F. Alcide.
o a F. Thinocoride.
Sz G. PARR. F. Parride.
G. OTIDES. { i eee

Dr. R. Bowdler Sharpe in his ‘‘ Hand List of Birds’’ (1899) con-
siders them as an Order, (XV.), CHARADRIIFORMES, and places them
between the LaRirormes, (Order XIV.) and the GRuIrorMEs, (Order
XVI.). He divides the Charadriiformes into no less than seven
Suborders, namely the Chionides, the Attagides, the Charadrii, the
Parree, the Cursorii, the (£dicnemi, and the Otides, and these names
will sufficiently indicate the families of birds this author considers to

SHUFELDT: OSTEOLOGY OF THE LIMICOL&. iby

belong to the limicoline assemblage — everything in fact from a Sheath-
bill to a Bustard.

The author’s views on the position of the Limicole are presented
with a discussion of their affinites at the close of the present Memoir.

More or less typical limicoline birds are found in nearly all parts of
world, and they are particularly well represented in the avifauna of
the United States. So that the full description of their osteology
given beyond will thoroughly characterize the group as a whole.

Much has been written on the subject of their skeletology, and of
this I have availed myself. My own writings, published for a number of
years in the Journal of Anatomy of London, the Journal of Mor phol-
ogy and elsewhere, illustrated by many plates and figures, have al-
ready set forth the osteological characters of the American Limco/e
quite exhaustively. This work will be used to the fullest extent here,
and thoroughly revised. In dealing with the dphrizzd@, as I remark
further on, I have only employed my monograph in the /owrnal of
Morphology to the extent of using the facts set forth in it, and not in-
corporated it here as a whole.

My private cabinets afford the skeletons of many American limico-
line forms, and these have been handsomely supplemented by the loan

of many others from the collections of the U. S. National Museum, °

and from still others from the collection of Mr. F. A. Lucas. Pro-
fessor Alfred Newton has also sent me for my inspection several speci-
mens from the Museum at Cambridge, England, and others from his
own collection. These very well illustrate points in the osteology of
Scolopax rusticola, Pavoncella pugnax, Vanellus vanellus and others,
for all which my thanks are here tendered. Others have also sent me
useful material and it is referred to later.

Osteology of the Phalaropes.

(Complete skeletons of Crymophilus fulicartus and Phalaropus lobatus
examined. )

Phalaropes have a skull of much the same general form as we find
it among the Sandpipers, the narrow and extended superior mandible
being considerably larger than the ‘cranium, while the very open
structure of the latter gives it a peculiarly delicate appearance. Upon
severe maceration the premaxillary does not appear to come away,
and detach itself, as it does in most 777zg@, and it is rather more
spread out laterally than it is in those birds. The narial vacuities are

9

~

iBR/

> 2

18 ANNALS OF THE CARNEGIE MUSEUM.

long, open slits, and there is no osseous septum narium. Phalaropes
are typically schizorhinal birds, and their skulls are characterized by
having a deep longitudinal median depression over the region of the
cranio-facial axis, upon either side of which the upper portion of the
small lacrymal is prominently tipped up. Below, this bone sends
down a thread-like osseous limb, which bending smartly backwards,
fuses by its posterior extremity with the upper and outer angle of the
rather large and quadrilateral pars plana. Nasal bones and _ the
zygome are straight and very slender. On the superior aspect of the
cranium, the frontal region is seen to be extremely narrow between
the superior margins of the orbits; the fronto-parietal region is
rounded and smooth. Further back there is a fairly well marked
superoccipital prominence, which in the Red Phalarope is pierced
upon either side by a foramen, which is not the case in P. /obatus.
Both the anterior wall of the brain-case and the interorbital septum
are very deficient in bone. Into the last open space there is thrown
backwards from the posterior margin of the mesethmoid a free, hori-
zontal, and very slender spur of bone. On the lateral aspect of the
skull we find the post-frontal and squamosal processes, especially the
latter, to be inconspicuous spinelets of bone. At the base of the
‘cranium the foramen magnum is large and of a cordate outline; the
basitemporal region beyond it being somewhat contracted.

The pterygoids are short, small, and vertically compressed, and they
articulate, as in all true limicoline birds, with the basi-pterygoid pro-
cesses of the sphenoid. ‘Their palatine heads are separated in the middle
line as are the palatines for much of their length behind. These latter
bones have extremely narrow prepalatine portions, widely apart an-
teriorly, and de/ow the naso-maxillary junction fusing with the maxillo-
palatine plate, upon either side. Posteriorly, their postero-external
angles are rounded off, while their descending internal and external
margins are prominent and keel-like. Inthe middle line in front they
merge to form a spiculiform point, which codssifies with the broadish,
thin, lamellar vomer, which latter terminates in a free blunt apex an-
teriorly.

Either maxillo-palatine is of an oval outline, scroll-like and lamelli-
form in structure, with a great perforation existing in it, which absorbs
its entire central portion, leaving barely more than the rim of the bone.
These maxillo-palatine processes are well separated from each other in
the middle space, and they neither of them come in contact with any
of the adjacent bones, as the vomer, or palatines.

SHUFELDT: OSTEOLOGY OF THE LAIMICOLA. 19

This plan of structure is, as we know, what Huxley has termed the
schizognathous type, and it is characteristic, as we have seen, of the
first three suborders of birds treated in former memoirs, as it is of
several others.

A quadrate bone in one of these Phalaropes is very pneumatic, as is
indeed most of the rest of the skull, and it has a dowd/e mastoidal head,
with a conspicuous orbital process, and a small internal mandibular
facette, separated by a valley from a larger oblique external one upon
its same aspect. The bony meatus of the ear is very open, and in P.
lobatus permits a view along the entire length of the eustachian tube to
its anterior exit.

In the eyeballs the sclerotal plates are small, and the bones of the
hyoidean arches are slender.

Long and of an acutely V-shaped pattern, the mandible has com-
paratively rather an extensive symphysis, and from it behind, in the
median line, may project directly backwards a delicate spine. Either
ramus is rather shallow in the vertical direction, and is pierced by a
slit-like ‘‘ramal vacuity,’’ exposing the presence of the splenial
element of the jaw. The angular processes are lamellar in structure,
and inclined somewhat to hook upwards. They are by no means in-
conspicuous in P. dodatis.

With respect to the characters of the remainder of the skeleton, they
may well be seen in a specimen of the species I have just named. I
find twenty-one free vertebrae in its spinal column before arriving at the
pelvis. Counting from the skull, the fourteenth vertebra supports a pair
of tiny free ribs, while those on the fifteenth are considerably longer,
though they do not reach the sternum, there being no costal ribs for
them. There are six pairs of true vertebral ribs, all being very deli-
cately constructed, as are their long slender unciform processes. The
hemapophyses of the one pair of pelvic ribs do not reach the sternum,
and there is a tiny ‘‘floating’’ pair of the former kind behind them.

The dorsal vertebree fit very closely together in their articulations,
and their metapophyses are notably long.

The pelvis is a very thin, light, and open structure. Anteriorly, the
iliac margins are rounded off in front, and these bones do not meet
over the crista of the sacrum. ‘The parial foramina, two rows upon
either side of the middle line of the bone, are large and open among
the lateral processes of the fused vertebrae of the sacrum, lending to
the pelvis a peculiarly frail appearance, already noted above. At the

20 ANNALS OF THE CARNEGIE MUSEUM.

lateral aspect we find the rather extensive obturator space separated by
bone from the foramen of the same name. Behind, the post-pubic
style is long drawn out and drooping upon either side, and the pos-
terior foot of the ischium, which is applied to the superior margin of
the same, is notably long and slender. Upon the nether side we find
but one pair of the lateral processes of the sacral vertebre, thrown
out, modified, and lengthened to act as braces opposite the acetabule.
There appear to be seve free vertebrae in the skeleton of the tail, and
to these is to be added a squarish and rather large pygostyle.

The sternum of P. lobatus (as well as other species of the genus)
has essentially the same pattern as the sternum of any typical Plover,
as for instance C. sguatarola. Its carina is ample, with the carinal
angle in front rather prominent and jutting, which in some degree is
caused by the concavity of the anterior border of the keel. Posteriorly
the sternal body is twice notched upon either side, while the ma-
nubrium is small, and the costal processes triangular, broadish, but
not particularly high.

Os furcula of the shoulder-girdle is of the U-pattern, being much
bowed to the front, and with a small hypocleidium below. — Either free
clavicular extremity develops near its pointed end upon its outer as-
pect a shoulder, supporting a small facet for articulation with the head
of the corresponding coracoid. When articulated 77 s¢#z, this pointed
extremity rides well over the clavicular process of the scapula, being
at the same time in contact with it.

The coracotds are short, but not especially stout, the shaft being
straight with its sternal extremity much expanded. Here we find three
processes, so often to be observed among the water birds at large. Of
these, one is at either extremity of the sternal facet of articulation, and
the other is a conspicuous lateral one, triangular, and lamelliform,
being almost exactly as we find it in 4fArviza and other types.

The blade of the scapu/a is somewhat expanded for its posterior moiety,
and its apex is truncated obliquely from within outwards and back-
wards. Its way of articulation with the os /urcula has already been
described above.

Phalaropes have non-pneumatic limb-bones throughout. The z-
merus is long, and its shaft is nearly straight. At the proximal end
the ulnar crest is prominent and overshadows an extensive concavity ;
the radial crest is not nearly so well developed. Distally above the
oblique tubercle an epicondylar process juts out, and indeed the whole

SHUFELDT: OSTEOLOGY OF THE LIMICOLA. 21

bone has much the form of the humerus as seen in Charadrius domin-
tcus. The radius and u/na present nothing very peculiar, and the
latter is but little bowed along the continuity of its shaft. The row
of nibs for the secondary quill-butts are present.

The distal phalanx of the index digit is long and slender, and the
expanded portion of the proximal generally exhibits two small perfor-
ations, as in the Zav7de. ‘The index and medius metacarpal are nearly
straight, the latter being very slender.

Passing to the pelvic dimé we find the short, straight femur to possess
a length just equal to half the length of the “éo-¢arsus. Its head is
sessile on the shaft, and the trochanter is moderately raised above
the articular summit of the bone. In the tibio-tarsus the cnemial crests
are conspicuous, especially the inner one, and in fact they almost exactly
resemble in form those parts in miniature, as we observe them ina Ful-
mar. The lower part of the dua is of hair-like dimensions. ‘The
hypotarsial process of the ¢arso-metatarsus is small and subcubical in
form, being both pierced and grooved for tendons. The accessory
metatarsal is suspended above the distal trochleze, and the hallux digit
is small and feeble. As to the other toes, their basal joints are the
longest in any case, and they gradually diminish in length as we proceed
in the direction of the terminal ungules.

Comparative Osteology of the Plovers.

(Skeletons of representative species of the genera Vanellus, Charadrius
and 4gtalitis examined. )

A number of years ago in my article on the osteology of 4. mon-
tana, a bird at that time designated by American ornithologists as
Podasocys montanus, 1 remarked that ‘‘there has always been something
strikingly columbine to me in the outward appearance of a plover’s
head —a similitude that is by no means shaken when we come to ex-
amine the prepared skull, in which so many of the bones are arranged
as they are in the cranium and face of a pigeon.’’ The skull of 2.
montana is extremely light and fragile, due to the access of air to
numerous cells in certain parts of its interior, and likewise to a gener-
ous supply of diploé in other localities. I find in the chick of the
plover only a few days old, that the premaxille have thoroughly coa-
lesced along the culmen of the beak for its outer or anterior third, but
the suture dividing them posteriorly along the nasal process of these

29 ANNALS OF THE CARNEGIE MUSEUM.

bones is, at this tender age, distinctly visible, whereas all the sutures
in the face become obliterated in the adult.’

Posteriorly along its dentary border the premaxillary throws back-
wards two processes, each of which articulates by squamous sutures ;
the first and longer, the maxillary, with the maxillary bone; the
second, or shorter, the palatine process of the premaxilla, with the
palatine. This arrangement is found in all of our plovers. Several
formina are seen on the sides of the culmen beyond the anterior bor-
der of the nostril.

The vasa/s have each a broad expansion in front of the frontals,
where they articulate with each other along the median line as far for-
wards as the nasal process of the premaxilla; here they contract and dip
under that bone on either side, conforming themselves to its width and
form, still so as to articulate with each other beneath it, as far forwards
as the prolongation of the premaxillary, where they slightly diverge
from each other, to terminate in pointed extremities. Posteriorly,
the nasals throw down, obliquely forwards, straight bars of bone, which
bound the osseous nostrils behind, to be carried forwards over the
maxillz on either side, to the maxillary process of the premaxilla,
where they articulate by squamous sutures beneath the bone.

This arrangement of the nasals is very much as we find it in the
pigéon (C. “via) ; and, as in the pigeon, the aperture forming the
bony nostril is long and very open. Bothare schizorhinal birds. The
mesethmoid extends well forwards in the plovers, thus affording above
a spreading table for the frontals, nasals, and premaxilla to rest upon.

The /acrymals in Vanellus and A:gtaltis are not very large bones,
and in the adult they anchylose with the anterior margins of the fron-
tals, where they form the rounded anterior terminating margins of the
orbital peripheries. In C. sguwataro/a this part of a lacrymal is more
jutting and conspicuous, owing to the fact that the anterior foramen of
the supraorbital gland is in that species converted into a deep, rounded
notch. In 4. montana, a lacrymal sends down an attenuated pro-
cess that fuses with the outer margin of the antorbital plate, or
lateral mass of the mesethmoid. From this margin the lacrymal de-
velops two spine-like processes, which project forwards, the upper one
being the longer, the lower one almost touching the maxillo-jugal bar.
These spine-like processes are absent in Vavel/us, and very much

1 As I transcribe these remarks from my memoir in the Journal of Anatomy I am-
plify them by the use of the more extensive material now at hand.

SHUFELDT: OSTEOLOGY OF THE LIMICOL. as

aborted in the Killdeer Plover, where the descending process of the
the lacrymal is much broader and fuses more completely with the pars
plana.

Varying in size in the different species, the pars plana long remains
cartilaginous in the plovers, but eventually becomes a quadrate osseous
partition, quite effectually separating the orbit from the rhinal cham-
ber. An irregular foramen for the passage of the nerves always occurs
above it, being very large in Charadrius, owing to the comparatively
smaller size of its antorbital plate.

The vomer of the Mountain Plover is an extremely delicate and
elongated bone ; in front it runs out into a free and needle-like point,
while posteriorly it is bifurcated so as to articulate with the palatine upon
either side. It glides freely beneath the anterior pointed end of the
rostrum.

Turning our attention to the palatine bone, we find that on either
aspect it forms the osseous roof of the mouth by sending forwards a
tapering prepalatine to anchylose with the maxillary and premaxillary at
their junction. The postpalatine portion of the palatine is expanded,
and it isseparated from the fellow of the opposite side in front, where
the inner margin dips down to form the ‘‘internal lamina’’ of the
palatine bone. Outwardly the bone is produced still further down to
form the ‘‘ external lamina.’’ The pterygoidal processes of the pala-
tines are in contact with each other, while the ‘‘ ascending processes ”’
articulate with the forks of the vomer as already pointed out above.
The maxillo-palatines are elegant scroll-like laminze of bone, often per-
forated by a few foramina. Posteriorly, they do not normally come in
contact with the palatines on either hand, or with the vomer above
them. Anteriorly each bone has two processes; one, the stouter,
connecting it with the palatine ; the other, much more slender, with
the maxillary, while between the two a circular foramen is thus pro-
duced.

In all our Plovers the zygoma is a very straight bar of bone, and
somewhat slender in its proportions.

The superior periphery of an orbit, formed by the frontal and nasal
of the corresponding side, is uniformly tilted upwards all along its con-
tinuity. Within this raised orbital rim, upon either side, we find the
well-marked depressions for the supra-orbital glands, pierced along
their bases by minute foramina, the largest perforation being at the
anterior end. In C. sguatarola these glandular depressions pass be-

24 ANNALS OF THE CARNEGIE MUSEUM.

yond the osseous orbital border in front, the gland, during life, resting
there upon the tissues that overlie the eyeball superiorly.

This tilting up of the superior orbital borders is best marked in the
curious skull of .#. semtpalmata, where it offers a very striking feature.
In it, too, the supra-orbital glandular depressions are very distinct, and

Fic. 1. A side view of the forepart of the skull of Charadrius pluvialis enlarged,
Mx, maxillary ; J/xf, maxillo-palatine ; 77, palatine ; Va, nasal ; 7%, frontal ; £7¢/,
ethmoid ; Z, lacrymal ; Px, premaxillary. (After Huxley. )

Fic. 2. Under view of the same (C. plwvéal/s) partially dissected and enlarged.
( After Huxley. )

Fic. 3. Skull of Charadrius squatarola ; superior view. (Spec. 7963, Coll. U.
S. Nat. Mus. )

Fic. 4. Left lateral view of the mandible of Charadrius sguatarola. Natural
size. Figs. 3 and 4 drawn by the author.

they each terminate anteriorly in a single, large subcircular foramen,
situated well within the external edge of the orbit.

The fronto-parietal vault of the cranium is very smooth and rounded

SHUFELDT: OSTEOLOGY OF THE LIMICOL&. 25

externally, and is very thin in 2. montana — thicker in the Golden
Plover. A large vacuity absorbs almost entirely the interorbital sep-
tum below, merging with the foramen rotundum behind. Separated
by an osseous horizontal lamina, there exists above this another large
vacuity, the forward extension of the foramina for the first pair of
cranial nerves, which are greatly increased in size.

At the back of the cranium there is a fairly well pronounced supra-
occipital prominence pierced upon either side by an oval foramen.

In examining the base of the cranium in a young chick of the
Killdeer Plover (4. voctfera) I observe that the bony bridge that lies
between the supra-occipital foramina is formed by the supra-occipital
itself; it is cleft above at this stage, and stouter lateral masses are seen
on either side of it. The basi-temporal is still distinct as an element,
as are the ex- and basi-occipitals. At the side we find that the squa-
mosal sends upwards an ascending process, long and slender, which
overlaps the posterior third of the rounded margin of the frontal, and
itself makes the periphery of the orbit. This bone below develops a
‘zygomatic process,’’ marked by a semicircular nick at its extremity,
which arches over the articulation for the quadrate. In adults a sphe
notic process is fully developed. The occipital condyle is small and
circular, with the notochordal notch nearly obliterated.

With respect to the gwadraze, it is peculiar only in having its pro-
cesses and shaft much compressed and plate-like. The orbital spur,
making up nearly half the bone, is a quadrilateral lamina, with its base
applied to the entire length of the body of the shaft of the quadrate
proper. A long narrow condyle surmounts the otic process, placed at
right angles to this orbital offshoot, and the pit for the quadrato-jugal
occupies the summit of the outstanding lateral mandibular process.
Rather undue shortening takes place in the shaft of a pterygoid, owing
to the far backward reach of the palatine and the great size, on the
other hand, of the quadrate. Basi-pterygoidal processes are present and
articulate with facettes at the base of the sphenoidal rostrum.

The hyoidean arches are very delicately constructed, but present
nothing peculiar ; they are described for other limicoline birds be-
yond.

The mandibular elements fuse together early in all true plovers, and
in the chick the ramal fenestra is not obvious, whereas, as the bird ma-
tures, a small slit-like opening makes its appearance.

The posterior angular processes of the lower jaw are recurved

26 ANNALS OF THE CARNEGIE MUSEUM.

spines of bone slender in comparison with the rather massive inturned
angular processes, each of which is pierced near its apex with the
pneumatic foramen, seen in so many of the class. The rami of the
mandible of this mountain plover make a very acute angle with each
other, and the upper margins are quite sharp, while they are rounded
inferiorly. Ossifications of the organs of Special sense, as the eye and
ear, present nothing but their usual ornithic characters.

Of the Axial Skeleton. —'Twelve vertebre, including the atlas and
axis, are found in the spinal column of the neck of all of our plovers.
The cup of the atlas is roundly notched behind to its center, and the
axis possesses a knob-like neural spine. In the third vertebra this
process becomes a small compressed square lamina, and in this segment,
too, we find an extensive quadrate hypapophysis below, and a minute
foramen on either side, in the bony plate joining the zygapophyses.
These features reappear in the fourth vertebra, but the foramen men-
tioned has so increased in size here that it is reduced to a mere inter-
zygapophysial bar. In the fifth, sixth, seventh and eighth, the neural
spine has disappeared ; the hypapophysial plates are longer and shal-
lower ; the parapophyses persist as parial and at the same time lateral
spines, directed posteriorly. The last four vertebrae of the twelve
under consideration are modified for the carotid canal. Upon them
the neural plates are suppressed. These four vertebree are the longest
in the neck, and their post-zygapophyses, diverging from each other,
reach well backwards. In several respects the thirteenth and fourteenth
vertebrae are peculiar, and differ from the leading twelve cervicals.
They are broader, wider, and each supports a pair of free ribs with
well-developed tubercula and capitula; the second pair, or those on
the fourteenth vertebra, may bear uncinate processes, situated low
down on the rib. ‘The neural spines are still suppressed, but the hypo-
pophyses again make their appearance mesiad and beneath the centra ;
in the thirteenth it consists of a single plate, while in the fourteenth
a lateral offshoot springs from each side of this, so that three lamelli-
form prongs are present in that segment. A deep pit, with overhang-
ing brim on each side of the centrum, is for the first time observed in
these two vertebrae as we descend the series. It becomes wider and
shallower as we pass through the vertebrae beyond, but does not dis-
appear until we pass to those united to form the sacrum.

The succeeding six vertebree, or the fifteenth to the twentieth in-
clusive, are all free, and all support true vertebral ribs that articulate

SHUFELDT: OSTEOLOGY OF THE LIMICOLZ. PHT

with the sternum by the means of costal ribs or hemapophyses. The
neural spine is well pronounced in the first (fifteenth) of this series,
but in the remaining five it is a lofty median crest, each interlocking,
before and behind, at the angles at the summit, in a schindylesial
articulation. ‘l'ransverse processes stand out horizontally from these
vertebre, and needle-like metapophyses connect them in several in-
stances, though they do not quite meet in every case. The fifteenth
and sixteenth vertebrae retain the hypapophysial processes, being triple
in the former, while in the latter it becomes single again, long and tri-
angular. In the remaining four it is entirely absent. The vertebral
ribs are quite slender, and all support long unciform processes, which in
the adult articulate with their posterior borders ; the costal ribs become
longer as we proceed backward in the direction of the pelvis.

There are twelve vertebrae in the pelvic sacrum, and from this com-
pound bone, during ordinary maceration, the true bones of the pelvic

Fic. 5. Pelvis of Charadrius dominicus, viewed from above ; natural size (Speci-
men No. 16,715 ; Collection of the Smithsonian Institution, Collected by the Point
Barrow Expedition of 1882 in Alaska). By the author.

Fic. 6. Sternum of Charadrius dominicus, pectoral aspect ; natural size. By the

author, from the same specimen which furnished the pelvis for Fig. 5.

girdle are easily detached. The first four sacral vertebrae throw out
their lateral processes as abutments against the nether sides of the
spreading ilia ; and above, these last-named bones meet the sacral crista
but not each other across it. There is a pair of slender pelvic ribs,
but their heemapophyses fail to reach the costal borders of the sternum.
They articulate with the hinder borders of the last pair that do. The

98 ANNALS OF THE CARNEGIE MUSEUM.

next five following sacral vertebrae are compressed from above down-
wards, allowing for a swell in the neural canal within, which is to ac-
commodate that enlargement which here takes place in the myelon.
The ninth sacral vertebra has its transverse processes strengthened and
lengthened to act as sustaining abutments opposite the acetabule. To
still further insure strength, the outer ends of these processes are verti-
cally expanded.

Four rows of interapophysial foramina, two upon either side of the
sacrum, constitute one of the main features of the pelvis of a plover,
when we come to regard it upon its dorsal aspect.

Either post-pubic style is of nearly uniform caliber, and is produced
considerably beyond the ischia behind. ‘The posterior extremity of
either ischium is produced, long and pointed, and rests during the life
of the bird, against the upper surface of the post-pubic style. Mergence
of the obturator space and the small obturator foramen may or may
not take place. It even may vary for the same species or be different
on the two sides of the same pelvis. I must note here that ina pelvis
of a Killdeer Plover before me the ilia do not meet the sacral crista ;
that character does not go for much, however. Including the pygo-
style, from seven to eight vertebrze make up the skeleton of the tail in
Plovers. I find eight in 4. wocifera, and seven in 4. montana.
Vanellus also has eight. Probably specimens of the Mountain Plover
will eventually come to hand having eight of them, also.

Coming next to the sternum and shoulder-girdle, I find the entire ap-
paratus to be non-pneumatic in nature. No foramina are to be ob-
served.

The os furcuda is the perfect miniature of that bone as it occurs in
much larger birds of the present suborder, Wawmentus longtrostris, for in-
stance. The clavicular limbs are of uniform thickness throughout, and
only very slightly increased in bulk where they unite, mesiad and
below, to support a small quadrilateral hypocleidium. Substantially, the
method of articulation of the shoulder-girdle bones with each other is
the same as we found it among the Phalaropes. The form of the cora-
coid is almost identically the same in 2. vocifera and Phalaropus
Jobatus and there is very little difference in the shape of the scapule
— either species having the bone fully twice as long as the shaft of a
coracoid ; and in .4. montana its blade is curved, broad, and rounded
at its posterior extremity. It reaches well back towards the ilium, over-
lapping the ribs.

SHUFELDT: OSTEOLOGY OF THE LIMICOL. 29

The manubrium of the sternum is a stumpy process, shaped like a
wedge, being notched above and sharp below. Above this process the
coracoidal grooves nearly meet at a point in the mesial plane at its
base, while the lateral processes of the same name, of a triangular
form, rise only to a moderate degree above the superior margin of the
bone, to bear along the posterior border of either one, the facettes for
the costal ribs, six on each side.

The xiphoidal extremity of the body of the sternum of .2. montana
is four-notched, the notches being deep, and giving rise to five proc-
esses, a median one, the under surface of which supports the hinder
part of the carina, and a pair on each side of it. In Vanedllus the
inner pair of perforations are subelliptical foramina and not notches.

i,
Fic. 7. Pelvis of Charadrius dominicus, right lateral view. Natural size
(Spec. 16715 Coll. U. S. Nat. Mus. ).

Fic. 8. Pygostyle and last caudal vertebra of Charadrius dominicus,; right
lateral view. Natural size. Same specimen.

In the sternum of a Killdeer Plover at my hand (4. wocifera) the
inner notch on the right-hand side is also converted into a foramen. C.
sguatarola has them as in 4%. montana. Viewed laterally the sternum
of a Plover very closely resembles that bone as we see it in Aphriza
virgata ; indeed, in so far as shape is concerned, irrespective of mere
size, this bone is of a very uniform pattern throughout the majority
of our typical Zemécole —the Woodcock, (Phzlohela,) and Wilson’s
Snipe, ( Ga/iinago,) being conspicuous departures therefrom.

Ossification in Plovers is normally extended, as in so many other
birds, to the plate of the superior larynx, the rings of the trachea, and
a few tendons and sesamoids.

Of the Appendicular Skeleton. —'The chief point of interest that
attaches to the limbs of our Plovers is that they are, in every case,
absolutely non-pneumatic, both the pectoral and pelvic extremities
presenting, in all the bones that compose them, those characters, after
maceration, so well described by Hunter.’ The long bones are also
non-pneumatic in Gallinago and Philohela, which are other birds of

1 Observations on the Animal CEconomy, Palmer’s ed., 8vo, 1837, p. 178.

30 ANNALS OF THE CARNEGIE MUSEUM.

not very dissimilar volatorial habits. All the bones of the limbs in
Plovers are impressed with the more usual ornithic characters.

In the Auwmerus we find the proximal extremity well expanded, and
a strongly marked, curling crest overshadowing the usual site of the
pneumatic foramen in birds where it is present. The ‘‘ preaxial ridge ’’
is shorter than we usually find it, that is, it does not extend so far down
the shaft ; this shortening, however, is not accompanied by any dimi-
nution in the height of this ridge.

The humeral shaft is straight and subcylindrical on section ; its
distal extremity supports the usual points for examination, and the
epicondyloid spur is well developed. (See Fig. 9.)

Both radius and u/na are moderately bowed along the continuity of
their shafts, and the row of gwz//-butts are ranged along that of the

Fic. 9. Left humerus of Charadrius dominicus, palmar aspect ; natural size ; by
the author, from specimen 16,715 of the Smithsonian Collection (taken at Point Bar-
row, Alaskan Expedition of 1882).
latter. There are a dozen of these in Vanel/us. The skeleton of the
hand in any true Plover is a long one, and in C. sguataro/a that seg-
ment is fully as long as the skeleton of the antibrachium. ‘The pol-
lex has one joint, the next digit two, and the last, one; there are
no claws or spurs in the manus of these birds, as seen in some of the
Asiatic forms. ‘There is a very remarkable resemblance of the skeleton
of the pectoral extremity of a Plover to the corresponding structures in
a Gull. (Compare for instance Z. delawarensts and C. squatarola. )

The entire length of the skeletal arm of 4. montana measures 14
centimeters — of which the humerus takes 4.4; the ulna 4.6; the car-
pus 0.2; the metacarpus 2.3 ; and the two phalanges of index digit 2.5.

In the femur we notice that the head is sessile on the shaft, and
placed nearly at right angles to it; on its upper surface the pit for
the ligamentum teres is seen.

The crest of the great trochanter is sharp and elevated above the
general surface of the summit of the shaft. At the distal end, the
outer or larger condyle falls but a little below the inner one, the groove
for the head of the fibula being well cut into it.

Of the two processes on the anterior aspect of the head of the /7dzo-

SHUFELDT: OSTEOLOGY OF THE LIMICOLA. 3
tarsus, the inner one is of a broad quadrilateral form inclined out-
wardly, while the external one is a rounded, claw-like, and sharp process,
curving downwards. ‘The usual osseous bridgelet for the confinement
of tendons is seen in front just above the condyles.

The féu/a is a very delicate spicula of bone, reaching down, in the
articulated skeleton, only half way to the external condyle.

The hvpotarsal protuberance of the tarso-metatarsus is in reality
converted into two processes, so deep is the tendinal grooving down
its posterior aspect. In .4. montana the inner process is the larger,
and sends from its lower portion a sharp ridge of bone that is carried
down on the shaft and gradually merges with it. ‘The pits to receive
the condyles of the tibio-tarsus on the superior aspect of the head of
the tarso-metatarsus are deep, and a knob-like apophysis arises be-
tween them on the anterior boundary. Just below this a fossa exists,
at the base of which a foramen is seen, which pierces the shaft from
before backwards, coming out behind to the inner side of the larger
process of the hypotarsus. In all our plovers the shaft of this bone
of the leg is long and straight, and the mid-trochlea projects well be-
yond its fellow on either side. ‘The usual foramen is seen just above
its base and on the outer side.

Among our plovers it is only in C. sgwataro/a and in Vanellus that we
find a small hallucial joint present, hung rather high on the shaft of
the tarso-metatarsus. It is altogether absent in the Killdeer and others.
Otherwise the podal joints are normal, both in arrangement and char-
acter, so far as the three anterior digits are concerned.

Measuring from the summit of the trochanteric crest of the femur,
on a straight line to the apex of the claw of the mid-digit in the skele-
ton of the leg in.#. montana, we find it to be in the adult male, 15.5
centimeters in length. Of this the femur takes 3.0, the tibio-tarsus
5.6, the metatarsus 4.2, and the mid-digit 2.7 centimeters.

With respect to its skeleton, no true Plover will depart in any
marked degree from the pluvialine skeletal characters as they have
been set forth in the above account.

On the Comparative Osteology of Numentus longtrostrts.
Curlews agree with all other true limicoline types in being typically
schizorhinal birds. (See Fig. ro. )
In the skull the zasa/ bones are arranged and formed much as they
are in the Phalaropes, but without an immature specimen, which I am

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SHUFELDT: OSTEOLOGY OF THE LIMICOLA. oo

sorry to say I lack, it is impossible to tell how far forwards beneath
the culmen, and on the inner sides of the premaxillary the nasals are
extended. We have just seen above that they reach almost to the
tip of the beak in Plovers. *

The premaxil/ary is quite broad and subcompressed as it slopes
somewhat gently away from the frontal region of the skull between the
nasal bones. It becomes gradually narrower as it proceeds towards
the distal tip, but alters but little in form. In an old individual of
LV. longtrostris, it is nearly six times as long as the remainder of the
skull, twice as longas the corresponding parts in JV. doreal’s. Other
forms graduate between these two; in WV. arquata it is fully four times
as long, and is more generally curved throughout.

At the point marked 7in Fig. ro, and in Z of Fig. 11, the nasal meets
the maxillary. Beneath, and a little beyond this point, the palatine
also merges with these bones. ‘These elements thus unite to form a
common rod that contracts immediately after the union to a delicately
fashioned stem to which I have given the name of the subnarinal bar.
They are seen on either side of the nasal process of the premaxillary, at
first beneath the osseous narinal slit, then to pass under this bone, be-
coming at the same time flatter, more closely applied for the entire
length, until they merge into it near the tip at 4, Fig. 10. In J.
longtrostris these bones may be pulled away from the other part of the
premaxillary, as shown by the dotted lines in Fig. 11, 4, and they
spring back to their original position when the hold is released.

This is only possible in those curlews that have very long bills. It
is not a particularly noticeable feature in the Eskimo Curlew, nor the
whimbrel. The sutures among these bones are completely obliterated
in the adult skull, so it is not possible to tell the precise limits of the
several ones entering into the composition of this bar ; no doubt the
dentary or maxillary process of the premaxillary takes a large share.
The delicate curling crest of bone found just within the nasal bar
above, and united with the rounded outer margin of the premaxillary,
belongs to the nasal of that side.

In VV. hudsonicus this character is absent, while, on the other hand,
it is exaggerated in JV. borealis, in which bird the entire rhinal
chamber seems to be filled with this enlarged bone, here forming a hol-
low sub-cylinder, which meets a similar cylindrical formation of the
maxillo-palatine coming from below. (Compare c and D, Fig. 12.)

We find the vomer to be a very well developed bone in J. /on-

3

34 ANNALS OF THE CARNEGIE MUSEUM.

gtrostrts. It is a thin spearhead-shaped lamina of bone, pointed in
front, bifurcated behind, where either fork fuses with the ascending
process of the corresponding palatine. On the under side of this
horizontally disposed vomer there is a, thin, vertical, median crest,
which in front merges into the free pointed extremity, while posteriorly
it is produced backwards by two vertical plates which grasp and ride
upon the rostrum. ‘These latter are the bifurcations to which I have
just alluded. In WV. hudsonicus and WV. pheopus the anterior tip of the

57 --

ee

>

warm + = ~~ - eee

Fic. 11. Basal and superior views of the skull of Mumentus longirostris, natural
size ; A, the basal view, lower mandible removed ; B, the superior view, like lettering
designating like parts. fx, premaxillary ; v, vomer ; A/, palatine ; 7, maxillary ; 7,
nasal ; e¢#, lateral wing of ethmoid ; Z, lacrymal ; g, quadrate ; A7¢, pterygoid ; fm,
foramen magnum ; s/, Supra-occipital foramen ; also in A, sz, the subnarinal bar, and
sn’ its position in dotted lines as drawn away from the premaxillary on either side.

In B, 7, the point of meeting of nasal and maxillary.

vomer is bifurcated. Asa rule the maxillo-palatines are not as much
curled as we find them in the Plovers, and the union with the palatine
is more extensive. As in the Plovers, however, they are riddled with
perforating foramina; more frequently the foramina in either maxillo-
palatine plate merge into two regularly suboval ones.

SHUFELD’: OSTEOLOGY OF THE LIMICOLA. oD

The postpalatine portion of the palatine is broadish with its lamina
and process strongly developed. ‘These bones are well separated from
each other beneath the rostrum, and the pterygoid process is turned
outwards. ‘Taken in proportion to the size of the bird, the prepala-
tine portion of the palatine is relatively shorter in JV. /ongirostris than
in any other species, while JV. Audsonicus and WN. pheopus, with their
comparatively longer crania, have that portion of the palatine corre-
spondingly lengthened out.

The /acryma/, though small, stands out quite prominently at the an-
tero-superior orbital border. It articulates largely with the nasal, and in
all curlews sends down a slender bony style which unites with the upper
and outer angle of the pars p/ana, by which means a large foramen in
this locality is encircled. ‘These ethmoidal wings have the same general
appearance in all the members of the genus. Each one is a quadri-
lateral plate, projecting nearly at right angles from the mesethmoid, to
form an ample partition between the rhinal and orbital cavities.

The interorbital septum is never entire in any of the true curlews,
but is pierced in almost identically the same manner in every species.
The forms of these interorbital vacuities can best be seen by referring
to the several lateral views of the skulls illustrating this memoir. But
one specimen of the skull of VV. huwdsonicus lies before me, and in that
the dividing bar between the two openings is evidently broken out.
I have restored it by dotted lines (Fig. 12, C). The ptervgords are
comparatively short bones in all the curlews, more particularly so in
our present subject. They are twisted and angular in appearance,
with sharp longitudinal edges. An elliptical facet occupies the middle
of the inner aspect of each, which articulates with the basisphenoid
process on either side.

Each guadrate bone presents the usual undulatory surface upon its
mandibular head for articulation with the lower jaw. Just above this, on
the inner aspect, is a small, semiglobular facet for the cup on the outer
end of the pterygoid. The orbital process is a quadrate, lamelliform
plate with truncate extremity, while /wo articulating facets are seen to
occupy the dilated end of the mastoid process of the bone. On the
outer side we find the usual cotyle for the projection on the quadrato-
jugal. The form of the quadrate varies but very little among the other
representatives of this genus.

Several foramina are seen at the base of the deep sunken cavity from
which the fifth pair of nerves issue. ‘This is the case in all the spe-

36 ANNALS OF THE CARNEGIE MUSEUM.

cies, and this elliptical pit on the posterior wall of the orbit, just above
the quadrate, is quite a striking feature of the skull. Ossification is so
far deficient in the interorbital septum opposite the exit for the optic
nerves that this aperture is here one large circular opening. ‘To its
outer side, however, separate and minute circular foramina exist for
the third pair. This latter condition seems to be common to all the
species. The olfactory nerve in the anterior part of each orbit has for
its reception a well-marked canal that leads to a foramen (WV. /ongt-
rostrts), or a notch (lV. pheopus), into the rhinal chamber. A side
view of the skull presents for examination, in addition to other points
already noticed, the osseous entrance to the ear, which is here shielded
behind by a rather prominent tympanic wing. ‘The sphenotic process
in all curlews, except 4V. dorvealis, is a long, sharp-pointed spine, and
even in the excepted species it may become quite long in old birds.

An upper and lower spine project forward from the squamosal, over
the articulation for the quadrate. This feature is more prominent in
the continental species, 2V. avgwata, than in any of our American forms
of curlews, though it is by no means entirely absent on the lateral as-
pect of the skull of WV. dongtrostris.

In the eye the usual sclerotal plates are found; they are compara-
tively small and about twenty in number. ‘The superior aspects of
curlew skulls offer some very diverse characters. In all the cranio-facial
region is concave and traversed by a faint longitudinal median groove
that becomes lost beyond on the premaxilla. This groove is deepest
in 4V. arguata. In WN. longtrostris the superior orbital peripheries are
but shghtly serrated, and the orbital roof just within them is pierced
by but very few minute foramina.

The ‘‘ glandular depressions’’ are shallow. ‘The surface between
them is depressed, though the inner margins or boundaries of these
depressions are somewhat raised and prominent. These margins,
in 1. pheopus, merge into a single median ridge or crest; the
orbital rims are decidedly serrated with small incomplete foraminal
perforations, and the glandular depressions would hardly attract atten-
tion,

The raised median line is single and still more prominent in J.
arqguata, causing the depressions to appear more concave. In my
specimen one large foramen is seen close to the orbital rim on one
side, situated rather posteriorly, with a corresponding notch on the
opposite side. In WV. hudsonicus the orbital rims are comparatively

or
“~
~!

SHUFELDT: OSTEOLOGY OF THE LIMICOL/.

smooth ; no evidences exist of the glandular depression, and_ the
region is barely concave ; a minute foramen exists on each side pos-
teriorly. Mumenius borealis has strongly marked glandular depres-
sions of a semilunar form, situated just within the smooth orbital peri-
pheries. A decided median groove divides them longitudinally, which
in that species is continued on the culminar portion of the pre-
maxilla for a short distance. The glandular depressions terminate an-
teriorly in this curlew, in a notch, on either side, just behind the
lacrymal bones. ‘The parietal region is smooth and globular, being
impressed in most of the species by a longitudinal median groove,
most noticeable in iV. arguata, less so in WV. borealis, least of all in
NV. pheopus. Among the chief points of interest in the basal view
is the form of the foramen magnum. ‘This is nearly circular in JV.
longirostis and NV. arguata ; cordate in VV. pheopus.

The condyle is small and hemispherical in all the species, and has
situated beyond and on either side of it, the usual vascular and ner-
vous foramina seen in this locality in ordinary birds’ skulls.

Two large supraoccipital foramina, of elliptical outline, exist in our
present subject and in JV. arcuata ; these openings are very small in
the Whimbril, and exist only on one side in JV. dorealis, as a minute
perforation.

The surrounding muscular line of the occiput is quite strongly
marked in all the species ; least of all in the Eskimo Curlew.

Within the brain-case we find the tentorial ridges quite prominent,
well dividing the various encephalic compartments. ‘The longitudinal
one appears to be ungrooved by the sinus.

Foraminal openings occur in the usual localities for the entrance or
exit of nerves and vessels. But little dipldic tissue seems to be de-
posited between the tubular walls of the cranial vault, these latter being
quite thin, and composed of firm, compact bone.

The curvature of the mandible is almost identical with that of the
upper bill or premaxillary. When articulated with the skull it is found
to be in all the species a few millimeters shorter than the latter bone.
In JV. dongtrostris the rami separate and diverge from each other at a
point about midway between tip and articular extremity. Beyond this
point the mandible is in one piece, rounded beneath and with rounded
lateral angles above. A groove deeply marks the bone along its entire
course in this portion, in the median line. The rami still remain
rounded for some distance backwards after they separate from each

38 ANNALS OF THE CARNEGIE MUSEUM.

other, but, just before they arrive at the long slit-like ramal vacuity,
they dilate to become lamelliform plates compressed from side to side.
The upper borders of these plates curve inwards towards each other.
A second small circular foramen, situated at the base of a larger con-
cavity, on the outer aspect of the ramus, between the vacuity and the
hinder end, exists in all the specimens before me, except V. Audsonicus.

The articular ends are of a form most common to all ordinary birds
of the present suborder; they are produced posteriorly into small
vertical plates that turn outwards, but do not curve upwards to any
great extent, thus differing from what we found in the Plovers. The
usual pneumatic foramina are found at the inturned apices of the articu-

Fic. 12. Right lateral views of the skulls of Meamentus hudsoricus (C, the
upper figure), and . dorealis (D, the lower one). Natural size. fmx, the pre-
maxillary ; 7, the nasal; Z, the lacrymal; g, the quadrate ; A/, palatine; a, articular ;
@, dentary ; 4, the subnarinal bar.

lar cups. ‘The sutures defining the limits of the bones that originally
entered into the composition of the mandible in any of this genus,
have become almost entirely obliterated, the edge of the dentary alone
sometimes being persistent.

With the exception that the cerafohyals have fused with the g/osso-
hyal, or the posterior part of it, as is usual among birds, all the remain-
ing elements of the hyobranchial apparatus of the curlew remain free

SHUFELDT: OSTEOLOGY OF THE LIMICOL&. 39

during life. The first piece of the arch, just named, has the form of
a long arrow-head, with quite a sizable fenestra towards its hinder
end. ‘This is the inter-cerato-hyal fenestra. The first basi-branchial
has a median longitudinal ridge above, connecting the two enlarged
articulating extremities ; the posterior one has two facets for a cerato-
branchial element on each side. ‘These are long and slender, curving
upwards. They support the equally delicate epibranchials, which
terminate in filaments of cartilage. The second basibranchial is quite
short, comparatively speaking, it being in turn produced backwards by
a slender, cartilaginous tip.

It will be seen from this description, as far as I have carried it, how
really very much alike is the skull of a Plover and the skull of a Curlew.

Comparative Notes from the Skulls of other Limicoline Birds. —
Although the skull of AV7mantopus mexicanus, the Black-necked Stilt,
has most of the usual limicoline characters, its general form is quite
different from that of the skull of either a Plover or a Curlew. Viewed
superiorly, we find the median crease very deep between the orbits,
and the glandular depressions on either side of it are semilunar in form,
strongly stamped and definite in outline. The convexities are directed
towards each other." Each terminates anteriorly in a single foramen,
that pierces the roof of the orbit beside the lacrymal bone. ‘The inter-
orbital septum of this Black-necked Stilt is markedly deficient in bone,
and the anterior wall of the cranium does not fare much better in this
respect (see Fig. 13). Supra-occipital foramina of the most usual form
are found in this bird also, the muscular lines of the occiput being well
defined above them. ‘The favs plana of either side is but feebly de-
veloped, and the descending spine of the lacrymal falls far short of
reaching this bony projection of the mesethmoid. Upon basal view
we find the palatines long and narrow, with the vomer slender, and
terminating in a sharp point anteriorly. ‘The hinder end of each
articular part of the mandible in Wzmantopus has the appearance of
being scooped out, so as to form a semiluniform cavity.

Recurvirostra americana.—Several of the characters presented on
the part of the skull of Amantopus are substantially reproduced in the
case of the Avocet. Chief among these is the form assumed by the
proximal ends of the mandible, the extreme narrowness of either pars
plana, and the free-hanging descending limb of either lacrymal,

1 The present specimen may be defective. It was prepared at U. S. Army Med.

Museum before I had charge.

40 ANNALS OF THE CARNEGIE MUSEUM.

though the superior part of each of these bones projects much further
from the skull than it does in the Stilt. The Avocet also differs from
Himantopus in having a more perfect interorbital septum; in the
supra-occipital foramina being circular ; in the vomer being broad and
widely forked at its expanded anterior extremity; in the shallower
supra-orbital depressions, which in the Avocet merge together in the
middle line, and are carried out on the projecting lacrymals. It is
scarcely necessary to call attention to the difference in the form of
the skeleton of the bills in these two birds. The Avocet stands alone
with his upturned mandibles, and even the beak of the Stilt is quite
unique.

The Skull tn the Woodcocks, and tn Gallinago. — Although essen-
tially limicoline in their general character, the skulls of Scolopax
rusttcola, Philohela minor and Gallinago delicata, and no doubt
others of those genera, depart in some very striking particulars from
the limicoline skulls we have thus far considered in this paper.
Except in point of size there is scarcely any difference between the
skulls of the European’ and American Woodcocks, the former being
about one fourth larger.

In the former the great, capacious and circular orbits, with. their
raised superior borders, have crowded the greater part of the brain-case
downwards and forwards, thus bringing the foramen magnum into the
horizontal plane, and the other parts of the skull have the appearance of
being moved to the front. All this is also seen in Ga//inago, but not
quite to such amarked degree. In the Snipe, also, the orbits are more
elliptical in outline (Fig. 13, F), and the median, longitudinal crease
between them on the superior aspect of the skull, more pronounced.
Both Snipes and Woodcocks have the occipital condyle very small and
hemispherical in form; it being sessile in the former, but rather
inclined to be pedunculated in the latter. The supra-occipital promi-
nence is well seen in JS. xws/co/a, in which species the foramina, one
upon either side, are absent, though they are generally found in the
American Woodcock, and always in Gad/Zinago. Of a cordate outline,
the foramen magnum is of large size in these birds, being as wide in
S. rusticola as the basitemporal area in front of it. An osseous septum
narium exists in all the birds, being most complete in the Snipe. It

'] use the specimen kindly loaned me by Prof. A. Newton, F.R.S. (No. 308)
from the cabinets of the zodlogical collection (osteological department) of the Uni-
versity of Cambridge, England.

SHUFELDT: OSTEOLOGY OF THE LIMICOL. 4]

is very peculiar in the woodcock, for from a median lamelliform plate
between the nostrils it gradually swells beneath the culmen as it
passes to the front of those apertures, then again soon contracts to
merge with the narrow and flattened median process of the premaxil-
lary, near the juncture of the anterior and middle thirds of this part
of the bill. Below this point the dentary processes of the premaxil-
lary are thin and horizontally flattened. In front of this again the
mandible becomes solid, being only grooved in the middle line upon

Fic. 13. Left lateral views, natural size, of skulls of PA7/ohela minor (FE), Gal-

linago wilsont (F), and /fimantopus mexicanus, (G). m, nasal; f/, palatine ; 7,

pterygoid ; g, quadrate, and a, articular.

its nether aspect. Now from this plan of structure we have in this
straight superior mandible of the woodcock a section about a centi-
meter long, which from the thinness of the bones is quite flexible in the
vertical direction, the continuity of the osseous beak both in front and
behind this section being much firmer and stronger. ‘This feature, if
anything, is still better marked in the snipe. It is well known that

42 ANNALS OF THE CARNEGIE. MUSEUM.

the woodcock and snipe have the ability to curve up the anterior
extremity of the upper bill, and so far as the skull in these birds is
concerned the power to perform such a feat is quite apparent.

Passing to the cranio-frontal region, we are to note the large /acry-
mal which sweeps backwards to join with the post-frontal, thus com-
pleting the orbital periphery in bone, a very rare condition, as we
know, in birds.

In the Woodcock the plate-like vomer is vertically disposed, but at
the same time it is exceedingly small, being drawn out in front to a
point of absolute hair-like dimensions. It is horizontal in Gad/nago,
and both larger and longer. In Gad//inago and in the Woodcock, too,
the interorbital septum is quite complete, though in the former species
many small deficiencies may occur in the bone on the anterior wall of
the brain-case in some individuals. The /fervgords are exceedingly
short and thick, the facet for the basisphenoid process occupying
nearly the entire length of the shaft. This is especially the case in
Philohela. .

In the mandible of Snipes and Woodcocks the hinder end is bent
down almost at a right angle, and the ramal vacuity is unusually large
in Gallinago. .

The Skull in the Long-billed Dowttcher.—In a skull of this species,
Macrorhamphus scolapaceus, which I collected in New Mexico, I see a
number of characters to remind me of the skull in Gad/inago, but not-
withstanding this, the conformation of the skull, especially its cranial
portion, partakes more of the character of the larger Sandpipers.

The morphology of the superior osseous mandible is as in Ga//inago.
Superiorly, the Zacrymadls, however, jut out more distinctly and promi-
nently, and their descending portions, not at all produced backwards,
fuse with the large square pars plana. ‘The post-frontal process is
very long and extremely slender, while the interorbital septum is not
so thoroughly completed in bone. A/axillo-palatines are practically
absorted, as indeed they are completely so in Woodcocks and Gad/inago.
An osseous septum narium is also to be found in JAZacrorhamphus,
which, as in Wilson’s Snipe, is an extension forwards of the mes-
ethmoid, and probably the nasals grasp it in the middle line beneath
the premaxillary, but I would have to have the skeleton of a young
snipe to prove that point. In all these true scolopacine types the
zygoma is very short, straight, and slender, and inclined to be trans-
versely compressed (especially in Wilson’s Snipe).

SHUFELDT: OSTEOLOGY OF THE LIMICOL. 43

The mandtble of Macrorhamphus agrees with that bone in Gad/inago,
and the hyoidean apparatus in the two species is practically alike.
Its osseous parts are extremely delicate in point of structure.

The skull of AZcropalama himantopus offers us a most perfect go-be-
tween, standing as it does exactly between the Dowitchers (d/acro-
rhamphus) and the 7ringas. It is undoubtedly a Snipe-sandpiper in
every sense of the word. ‘The structure of the upper bony bill, as de-
scribed above for Gad/inago, has, in it, a/most mellowed down to
what we find in the typical Sandpipers, while the mandible shows
the posterior flexure to some degree, and its cranium is truly scolo-
patringine.

Notes upon the Morphology of the Skull in the Sandpipers. — There
is at my hand a complete skeleton of 77inga maritima, and its skull,
except in point of size, appears to be almost exactly like the skull as
we find it in Phalaropus lobatus. So far as the essential characters
are concerned they are absolutely identical in the skulls of these two
birds, and it is only slight variation in fa/tern that causes any differ-
ences to exist at all. The bill of the Phalarope is s¢razgh¢; the bill of
the Sandpiper is somewhat decurved, but withal, the characters of this
part of the skull are the same. 7. maritima has the supra-occipital
foramina present, but they are likewise so in Crymophilus, and I count
very little on that fact.

Tringa ptilocnemis has a skull that very closely resembles the skull
as found in Afphriza virgata. The differences between the two are
hardly worthy of notice.

Tringa minutilla has a skull of the most delicate construction, but
it is typically limicoline and scolopacine as well.

Most noticeable in 77znga is the absence of the supra-orbital glandu-
lar depressions and the extreme narrowness of the region of skull
where they occur in the other forms. 7Z7inga fusctcoliis has the supra-
occipital foramen and the fenestra in the interorbital septum, as in the
curlews. There seems to be in the mandible an inclination for the
hinder ends to bend downwards.

This character is also observable in Zynga minutil/a, and in this
sandpiper the space between the orbital margins, on the superior aspect
of the skull, is reduced to a very narrow isthmus. It is much wider,
comparitively, in Z7yinga éairdi ; and this form also faintly shows the
glandular depressions. They are quite well marked behind. The
mandible shows the posterior bend, and the articular extremities throw

44 ANNALS OF THE CARNEGIE MUSEUM.

off behind lamelliform, upturned processes that are a prominent fea-
ture in this bone. ‘The vomer is pointed in front, and the supra-
occipital foramina are present.

Tringa maculata and Tringa alpina possess skulls very much alike
in many of their characters — in the arrangement of the maxillo-pala-
tines, the presence in each of the glandular depressions with a similar
form. Both have the supraoccipital foramina and great deficiency of
bone in the anterior wall of the brain-case and interorbital septum.
They differ in the form of the ethmoidal wings. 7. maculata shows a
little bony loop, projecting forwards from the outer borders of this
plate, which is absent in the Dunlin. In the Pectoral Sandpiper this
ethmoidal plate is not carried up so far as it is in 7. alpina, in which
bird it absorbs the lacrymal on either side.

The little osseous loop on the ala-ethmoid, referred to as a charac-
ter in 7. maculata, is seen also in Rhyacophilus solitartus. Here,
however, its upper limb comes down from the lacrymal to throw in
its lower limb at a right angle to the ethmoid. ‘This explains the man-
ner in which it is developed and accounts for its presence. ‘The vomer
is pointed anteriorly in the Solitary Tattler. A deep median pit char-
acterizes the cranio-frontal region in 7. puszllus.

In Actitts macularia the glandular depressions on the roofs of the
orbits are long and narrow and bound the entire supra-orbital peri-
phery. This constitutes a real difference as compared with all true
sandpipers, and also denotes in some degree a relationship to the
curlews.

A. macularia has also the supraoccipital foramina present, and of
some considerable size. Very large vacuities occur in the interorbital
septum, and the foramina for the optic, olfactory, and other nerves
have all run together to form one large irregular foramen.

Bartramia longicauda Aoes not possess the supraoccipital foramina,
and the glandular depressions above the orbits are still narrower than
they are in Actt’s. In this latter Sandpiper we find a minute spur
on the anterior margin of the favs plana, directed forwards ; and its
maxillo-palatines have each such a large vacuity in their bodies that
either one is reduced toa mere hair-like rim of bone. Its vomer is
long and pointed.

‘The skeleton of the remarkable Spoon-bill Sandpiper (/urynorhyn-
chus pygmaeus) has been examined by Mr. J. Anderson, and he com-
pletes his paper on the subject by saying that ‘‘ The foregoing exami-

SHUFELDT: OSTEOLOGY OF THE LIMICOLA&. 45

nation of the osteology and other characters of Hurynorhynchus reveals
only one important feature wherein this bird structurally differs from
the genus Z7vga, namely, the singular expansion of the bill, the
structural equivalent of a similar modification in Platalea leucorodia.
Indeed, this species, as pointed out by Mr. Harting, was originally
placed in the genus Plata/ea by Linneus.’’ !

A careful study of the skull of /leteractitis incanus convinces me
that in that part of its anatomy it indicates rather close affinity with
such forms as Zotanus flavipes and 7. melanoleucus.

We will now pass to the consideration of the skull in some of these
birds, as well as of the Godwits and others.

Skull of the Godwits, Willets, Tattlers, and Others.—In Totanus me-
fanoleucus the glandular depressions above the orbits are wider again,
and the supraoccipital foramina are present. A median notch is found
in the upper border of the foramen magnum. In 7Zofanus flavipes
nearly half the anterior wall of the brain-case is deficient, and the
interorbital septum is not formed in bone at all. This latter char-
acter does not occur in the Willet (Symphemia semipalmata). In this
interesting bird we find the supraoccipital foramina to be of some size,
and of an elliptical outline. The glandular depressions are barely
perceptible. Just beyond the cranio-facial region, on the culmen, we
note the persistence of the premaxillary sutures. This shows to some
extent how far the nasals must extend forwards. The vomer is pointed
anteriorly, and the interorbital vacuity is divided by an osseous bar.
Upon a basal view we find that the lower borders of the maxillo-
palatine plates appear. They are attached to the palatines anteriorly,
being directed backwards as free lamina. Their connection anteriorly
with the maxillaries is by their outer angles. In the mandible of
Symphemia the true ramal vacuity has become a mere slit, filled in
with a plate of bone; while the small foramen I described in the
Curlews is here very large, and has more the appearance of the true ramal
vacuity as seen in other birds.

This condition likewise exists in Zémosa fedoa and L. hemastica.
The rims of the orbits in the former bird are rounded, differing in this
respect from the Curlews. In this Godwit, too, we note a pointed

' Anderson, J. ‘On the Osteology and Pterylosis of the Spoon-billed Sandpiper
(Z. pygmeus).’’? Trans. Linn. Soc. (2 ser.). I. Zodlogy. London, 1879, pp. 213-
217. The quotation is from p. 217. A handsome plate (osteology) illustrates this

memoir.

46 ANNALS OF THE CARNEGIE MUSEUM.

vomer in front, and the presence of the supraoccipital foramina in
the occiput. The glandular depressions above the orbits have disap-
peared, and the openings in the interorbital septum are three in num-
ber, and smaller. A deep, circumscribed, and obliquely inclined
groove is found on the lateral aspect of the skull, back of the entrance
of the ear. In Limosa rufa a deep gutter is seen between the orbits
on viewing the skull from above. Anteriorly it is bounded by an emi-
nence on the premaxillary. ‘The lacrymal is small in all the Godwits,
and connects with the ethmoidal wing, as in the Curlews. In this
genus Zimosa the structure of the superior osseous mandible is much
as we find it in Ga//inago, as given above.

I have not examined the skull of the Ruff (P. pugnax) ; it, how-
ever, probably only exhibits the usual limicoline characters, with some
slight modifications for that particular species. In writing to Pro-
fessor A. Newton for a skeleton he replied to me ina letter of the 27th
of November, 1889, and said: ‘‘ Herewith I send you a sternum of
Machetes ; 1 regret to say that we have no skull. It is a most useful
thing to have correspondents who make demands like yours upon us,
as thereby we learn our deficiencies. Of course we ought to have at
least one skeleton of this form, and I shall made it my business to try
to get one next year — but it will not be a very easy matter; the bird
is practically extinct in England (7. ¢., there is only one place known
where it still exists, and nothing would tempt me to procure one
thence) and is become so rare in Holland that I doubt whether any are
now sent to our markets, and I think it must be ten or a dozen years
since I have seen one in a poulterer’s shop.”’

Comparative Notes upon the Remainder of the Skeleton in the Curlews
and other Forms.

There are fifteen vertebrae in the cervical portion of the spinal
column of JV. dongirostvis. ‘The only other complete skeleton I have
of a Curlew (1V. doreals) shows the same number, so probably this
holds for the genus. Free ribs occur on the fourteenth and fifteenth,
and in my specimen of the Long-billed Curlew, the thirteenth vertebra
of this chain shows persistent sutures upon the lines of anchylosis of
the pleurapophyses on either side. So individuals of this species may
be found wherein three pairs of cervical ribs exist, they being free
upon the last-named vertebra. In the a¢/as, the neural arch is very
broad from before backwards, with its posterior angles tipped with

SHUFELDT: OSTEOLOGY OF THE LIMICOL. 47

small nodules of bone. The cup for the occipital condyle is perforated
by a minute foramen at its base. We find the neural spine of the
axis to be represented by a large and tuberous knot of bone, and the
transverse processes in this vertebra, directed upwards, backwards, and
outwards, are unusually stout and heavy. ‘The ‘‘ odontoid process ’’ is
small, and shows an articular facet on its inferior aspect. Beneath,
the hypapophysis is a strong plate of bone, pointing backwards, with
thickened border below.

The third vertebra has well-developed parapophysial spines; a
closed vertebral canal; elliptical foramina, one on each side, in the

Fic. 14. The sternum of Numenius longirostris ; pectoral aspect, natural size.
lamina of bone extending between the zygapophysial processes ; a
neural and hypapophysial spine, the former being a small plate situ-
ated posteriorly. In the fourth vertebra these characters are all still
to be found, though the foramina above are closed in only by an
extremely slender interzygapophysial bar. ‘The fifth vertebfa is very
much elongated ; the mid-portion of the centrum is represented by a
median longitudinal lamina of bone, extending between the more

48 ANNALS OF THE CARNEGIE MUSEUM.

solid and terminal pieces that support on their outer aspects the
articular facets for the vertebre before and behind it. The neural
spine is reduced to a sharp line; the posterior zygapophyses are out-
standing processes. ‘The sixth, seventh, eighth, and ninth vertebre
are substantially the same in character as the fifth, though they are
growing shorter as we proceed backwards. ‘They show also the open
carotid canal. In the tenth vertebra this is replaced again by a hypa-
pophysis, a single plate placed anteriorly on the centrum beneath.
The vertebral canal is still a closed passage, and the neural spine is
absent. Extensive pneumatic foramina exist in all the ultimate seg-
ments of the cervical division of the spinal column. The eleventh and

Fic. 15. The sternum of Vzsnenius longirostris ; right lateral view, natural size.

twelfth vertebrae are slowly changing, to bring about what we find
strongly developed in the thirteenth. In this latter we observe a well-
pronounced douwdb/e neural spine, occupying a mid-position on the neu-
ral arch. ‘The postzygapophyses are elevated, but still project out-
wards. <Anteriorly, the vertebra is very broad from side to side, owing
to the far-spreading transverse processes that here overarch the verte-
bral canal, it being closed in beneath by the anchylosed ribs, already
alluded to above as being a character of this vertebra. The lateral
aspects of the centrum show a deep elliptical pit on each side, with
numerous circular pneumatic perforations at their bases. The hypa-
pophysis is a single plate, occupying the mid-portion of the centrum.
In the fourteenth vertebra the ribs, or rather the delicate pleura-
pophyses, have been liberated ; the hemal spine exhibits evidences of
becoming tricornute ; the neural spine stands well above the vertebra

SHUFELDT: OSTEOLOGY OF THE LIMICOL&. 49

as a tuberous and solid mass, bearing sharp spines directed backwards
upon its outer and posterior angles. ‘These are the continuations of
the lateral raised rims of the neural spine proper, and they project
also somewhat anteriorly. ‘This is one of the most prominent features
of the fifteenth or last cervical vertebra; it is explained, however, in
the dorsal series by its evolution into the ordinary quadrate dorsal
neural spine, with the forked extremities of the limiting rim at their
crests. ‘The hemal spine of the fifteenth vertebra is triplicated, having
three plates, though they are not particularly prominent. In it, too,
the free ribs are quite long, and are without uncinate processes.

Numenius borealis shows but few structural departures in its cervical
vertebre from those I have just described for WV. longzrostris.

The cup of the atlas does not seem to be perforated at its base ; the
pleurapophyses of the thirteenth vertebra bear no striking resemblance
as yet to free ribs, as they do in the Long-billed Curlew. ‘The carotid
canal is found traversing identically the same vertebrze in mid-neck.
In both these Curlews there are five vertebrz in the dorsal series, all
articulating freely with each other. Above, they have long osseous
metapophysial filaments that stretch for the length of one or nearly
two vertebra before and behind, in the middle of this region. The
tendons have also become ossified and attached, and reach far back-
wards from each segment, those of the last running into the ilio-neural
canals of the pelvis. ‘The first dorsal vertebra shows two little lateral
processes at the lower extremity of its hamal spine ; this plate is single
and prominent in the next vertebra, but does not appear in any of the
others. Each dorsal vertebra has a pair of ribs, of the most common
pattern, as seen among birds. ‘They connect with the sternum by
costal ribs, and have freely articulated uncinate processes. These lat-
ter are very long and narrow, reaching nearly in mid-series to the
second rib to their rear.

In Curlews the pelvis also supports two pair of free ribs. The first
pair has all the character of the dorsals, being simply slenderer and
longer. The ultimate pair is devoid of uncinate processes, and their
heemapophyses only articulate along the posterior borders of the pair
in front of them, so do not reach the sternum. I find again in my
specimen of JV. dorvealis an additional piece, or free costal rib, attached
to the posterior border of this last pair of costal ribs, on either side.

The number and arrangement of the vertebrae and ribs of the spinal
column, as far as examined, agree very nearly with Zzmosa fedoa and
Recurvirostra.

j {
/

KG\CA

et

es

50 ANNALS OF THE CARNEGIE MUSEUM.

In imantopus the number of cervicals and dorsals is the same as
in Mumenius, but there appear to be one pair less of sacral ribs.

The arrangement in the Phalaropes agrees with what we find in
Flimantopus.

In Gallinago and the Woodcocks the arrangement is different. In
them there are twenty-one free vertebrae between the skull and pelvis ;
but two pairs of cervical ribs (the first very minute); six pairs of
dorsal ribs that meet the sternum through costal ones below ; two pairs
of pelvic ribs, the hamapophyses of the first not reaching the sternum,
and the last pair fused with the ilia and almost aborted.

In Zyinga maritima these latter are not present, otherwise the ar-
rangement and number of the ribs and vertebree in the cervico-dorsal
part of the trunk skeleton is the same as in Ga//inago. On the other
hand Bartramia longicauda agrees with the Curlews in this matter,
while all the Sandpipers that I have examined have these parts as they
occur in 7. marttima. ‘The arrangement for other important forms
will be fully presented when we come to examine the osteology of
Aphrisa virgata beyond.

Of the Pelvis and Coccygeal Vertebra. — Viewing the pelvis of
Numenius longirostris from above, we observe that the total pre-
acetabular area is about equal in extent to the post-acetabular area.
The ilia are long and narrow, with serrations in their anterior borders.
These bones are concaved in front, and present a dimple immediately
in advance of either acetabulum on this aspect. About their anterior
thirds they grasp the common neural spine of the sacrum between
them, thus creating closed ilio-neural canals.

Posterior to the acetabulz, these bones present convex surfaces,
being drawn out behind into prominent processes that curve inwards
towards each other and the median plane (see Figs. 16 and 17).
They develop outstanding ledges that overhang, on either side, the
anterior half of the ischiadic foramen. ‘The sacrum does not unite
with the post-acetabular part of the ilia, a very marked interspace
existing between them. A double row of elliptical foramina standing
among the fused lateral processes further characterize this compound
bone.

Upon a lateral view, the long and pointed ischium is presented to
us. Posteriorly it reaches nearly as far backwards as the post-pubic
style (see Fig. 17), the latter being in contact with it near its termina-
tion. ‘The pubic style does not quite close in the obturator foramen

SHUFELDT: OSTEOLOGY OF THE LIMICOL&. ‘ay |

in any of the Curlews. Above the latter we find the ischiadic foramen,
which in Vumentus is very large and elliptical in outline.

The lower part of the posterior border of this pelvis exhibits a
triangular notch which marks the original division between the ilium
and the ischium, and this latter bone from being so long and narrow,
is deserving of especial notice.

There appear to be fourteen vertebrae fused together in the pelvic
s |

Fic. 16. The pelvis of Neemenius longirostris, seen from above ; natural size.

sacrum of a Curlew, and the two anterior ones throw out diapophyses
to the ilia, and bear the facets for the pelvic ribs. In the third ver-
tebra of this series, these processes are extended almost directly up-
wards, while in the fourth and fifth, again, they are horizontal, as in
the first and second. From the points where the diapophyses of the
fifth meet the ilia, these latter bones sweep outwards, and are fashioned
to form the anterior part of the ‘basin of the pelvis.’’ The tenth
sacral vertebra throws out a strong pair of transverse processes that

52 ANNALS OF THE CARNEGIE MUSEUM.

have widely dilated extremities which articulate with facets especially
designed for them on either ilium just posterior to the acetabulum, one
on either side.

Foramina for the exit of the sacral nerves are double, one being
placed above the other, the increase of caliber in the neural canal of
the corresponding dilatation of the cord taking place in the sacral ver-
tebree from the fourth to the ninth inclusive.

Although more delicately constructed, the pelvis in VV. dorealis agrees
substantially in all particulars with the bone I have just been describ-
ing for its more powerful congener, the Sickle-bill.

There are ten coccygeal vertebre in /V. longirostris, which count
includes the triangular and rather large pygostyle.

In Gallinago delicata the pelvis is inclined to be long and narrow,
and its ischia behind deep and drooping. In front, the ilia meet the
sacral crista for a limited distance, on the ridge anteriorly. At the

Fic. 17. The pelvis of Mamentus longtrostris, left lateral view ; natural size.

side, the obturator space is quite obliterated, and the obturator foramen
of very small size, indeed. Broad and triangular processes, one on
either hand, project backwards over the ilio-ischiac notches posteriorly.
There are two vertebre that throw out apophysial braces opposite the
acetabulze within the pelvic basin.

Including the rather small pygostyle there are e/even vertebra in the
skeleton of the tail in this Snipe. ‘There appear to be but ten in a
specimen of the American Woodcock (P. mnor), and the pelvis of
this bird much resembles that bone in Gad///nago, though we note that
the ilia by no means meet the sacral crista anteriorly on the dorsal
aspect, and the posterior ends of the ischia are not so long or pointed.

Sandpipers (Zy7zga) and the Phalaropes have their pelves and
coccygeal vertebrae much alike. ‘The pelvic bones in 777nga maritima
are somewhat thin, and the interapophysial foramina of the sacrum
numerous, and very open or rather large. On the whole the bone is

SHUFELDT: OSTEOLOGY OF T'HE LIMICOL&. 53

broadish and compressed from above downwards; the ilio-ischiac
notch distinct ; and the ischia very much produced behind, being car-
ried along on top of the post-pubis, on either side, as a delicate
pointed spine, reaching almost to its end behind. ‘This species has,
including the pygostyle, fe coccygeal vertebrae. Other Sandpipers
possess pelves much upon the same plan.

In Limosa, Totanus, Heteractitis and in the Willets (Symphemia)
the pelvis comes considerably nearer the pattern as we found it above
among the Curlews. I am confident that in the Zzmzco/@ the number
of coccygeal vertebra is liable to vary even within the genus. They
range from seven to eleven, and may or may not be constant, although
I think that the number which may fuse with the pelvic sacrum, in any

Fic. 18. The os furcula of Numenius longtrostris ;a three-quarter oblique view
from the right side ; natural size.

species, has not a little to do with it. The count in immature birds
would be the most accurate.

Of the Shoulder-Girdie (Fig. 18).— We find in Mumenius longt-
rostris the usual bones allotted to this arch free and articulated in the
manner as commonly seen in many of the class. The shape of the os
furcula is upon the broad U-variety, and is broader in this Curlew
than it is in others of the same genus, and still more so than in the
Plovers. Viewing it laterally, we observe also that it is very decidedly
curved upon itself, with the convexity directed forwards when 77 sz¢w.
When articulated, the long and pointed clavicular heads rest on either
side against the inner aspects cf the summits of the coracoids, while
the tips extend backwards to meet the usual process furnished by each
scapula. This brings the hypocleidium opposite the middle of the
anterior border of the sternum, from which it is separated by quite an
interspace.

54. ANNALS OF THE CARNEGIE MUSEUM.

The clavicles are broader and larger at their superior or coracoidal
extremities, being compressed from side to side. Above, the broad
surface looks outwards ; but it is gradually changed in direction as we
descend to the hypocleidium, so that below it looks forwards (Fig.
18). ‘The hypocleidium is of a quadrate form, rather small, and has
an extension of its posterior border carried up behind on the line of
the median clavicular union.

In WV. borealts (No. 12,595, Smithsonian Collection) the os furcula
possesses all the characters I have described for the Long-billed Cur-
lew. As already intimated, however, the arch of the U is not as open,
the clavicular heads are not so pointed, and the hypocleidium is nearly
round in form, not being so perceptibly carried up on the clavicles at
their point of meeting below. Among the Plovers we found that it
had the same general characteristics, and it holds the same relative
position when articulated to the other bones of the shoulder-girdle.

Fic. 19. Direct anterior aspect of the left coracoid and scapula of MWemenctus

fongirostris ; natural size. s, scapula ; c, coracoid.

For the size of the bird, the furcula is large in Gaddnago, as it is in
the Woodcock, but the general pattern remains the same as for the
Curlews. Indeed it varies but little in form for the Zzmzco/e generally.
In the Sandpipers, as a rule, the hypocleidium is more posteriorly
situated, and in Ac¢zfs this process almost comes in contact with the
anterior edge of the keel of the sternum, when the bones are 77 s7¢z.

In some genera the hypocleidium is very small, as in Zzmosa,; in
others, as in the European Woodcock (.S. rusticola), the bone is large
but its limbs are slender. The hypocleidium is also small and a dis-
tinct jutting facet is thrown out on the external aspects of the free
clavicular ends above, for articulation with the fore part of the head of
either coracoid. ‘This is a Plover-character, and more remotely indi-

SHUFELDT: OSTEOLOGY OF THE LIMICOL&. DD

cates larine affinities, and relationships with birds belonging to more
lowly groups, wherein this character is far more pronounced and at the
same time a very common one. In the Ruff, and some other forms,
the U is not so spreading, and the clavicular limbs in front of the cora-
coidal articulations are considerably compressed in the transverse di-
rection. And these latter, in this situation, are upon their outer aspects
longitudinally concaved in Gadiinago delicata and in Totanus flavipes.
Some Sandpipers also exhibit this latter character. ‘Taken as a whole,
however, the os fwrcu/a varies but very little in its general form
among the typical limicoline birds.

The coracoid of Numentus longtrostris is comparatively a short,

thick-set bone, as scarcely any true shaft exists between its humeral

Fic. 20. Left scapula and coracoid of Wumentus longirostris ; natural size.

and sternal extremities. Such as it is, however, is transversely ellip-
tical on section, the section being made just below the inner process at
the head of the bone. The sternal extremity is broad from side to side,
in which direction it is also convex anteriorly and concave behind.
Below, the sternal margin is divided into two deep concavities ; the
inner and broader one is completely occupied by the articular facet for
the sternum. The outer is sharp and free, having attached to its upper
horn a pointed and up-tilted little spine, that I will call the cos¢a/ spine
of the coracoid, it being opposite the costal border of the sternum. On
the outer aspect of the bone we find the usual elliptical facet that here
forms about the two thirds of the glenoid cavity (Figs. 19 and 20).
The summit of the bone consists of a massive hooked process, directed
forwards and inwards. Above and behind, it is impressed by a shallow
concavity, while its inner surface is devoted to an elongated facet for
head of clavicle. Below this on the inner side, we find another lamelli-
form process, curving inwards, upwards, and forwards, that at its tip also

56 ANNALS OF THE CARNEGIE MUSEUM.

comes in contact with the clavicle when the bones are zw sztu. The
posterior margin of this latter process is given up wholly to the scapula,
which in life abuts against its entire length, as well as the shaft behind
as far as the glenoid cavity.

In Numenius borealis the coracoid is a mere miniature of the bone
I have just described for the Sickle-bill. Its costal process is, how-
ever, much less strongly marked, and would hardly attract special
notice. The coracoids, as well as the other bones of the shoulder-
girdle, are non-pneumatic in the genus Numentus, and I believe gen-
erally so among the Limzcole.

When articulated, the coracoids lean well forward as they spring
from their sternal beds in the Curlews, while the scapulee make angles
with them of about 90°. ‘They do not quite meet in the median line
in any of the species, but are seperated at this point by a thin com-.
pressed surface on top of the manubrium.

The anterior extremity of the scapu/a in LV. longtrostris is decurved,
broad, and compressed from above downwards. The blade of the
bone, which is comparatively long, becomes thinner and slightly
wider posteriorly, to be very obliquely truncate at the inner side of
its posterior third. ‘The angles thus formed are well rounded off,
resulting in the production of a very ordinary form of this bone
(Fig. 20). WV. borealis has the hinder moiety of the scapula broader,
more blade-like, the truncation more decided, and its posterior apex in
the articulated skeleton overhanging the anterior margin of the ilium.

In other limicoline birds the coracoids and scapulz have always
much the same general appearance that those bones have in the Cur-
lews.

In the European Woodcock the coracoids are relatively longer
than in Mumencus, and they are inclined to be compressed in the an-
tero-posterior direction. The costal process of one of them is con-
spicuous, and the summit of the head of the bone is marked by an
oval pit. This last character is also seen in Ashriza, Tringa,
and in the coracoids of many other shore birds. Everything else
being equal, the coracoids in Ga//znago are shorter and more slender
than they are in the Woodcocks. Comparatively speaking they be-
come still shorter among the Sandpipers. The scapulz agree pretty
well all round, varying only with the size of the species, and occa-
sionally in the pattern of its posterior third, where the style of acumi-
nation is apt to vary.

SHUFELDT : OSTEOLOGY OF THE LIMICOL&. ai

In the Avocet and in the Oyster-catchers when the shoulder-girdle is
in situ, the coracoids touch each other in the median plane over
the manubrial process of the sternum.

The Willets (Syaphemia), Totanus flavipes and Lartramia longt-
cauda all have the costal process of the coracoid quite prominently
developed; in Zimosa uropygialts (Smithsonian Collection, No. 12,590)
it is broad and quadrilateral in outline and but slightly curved upwards.

Of the Sternum (see various figures).—This bone is greatly de-
veloped in all the limicoline birds, and in Z. /ongirostrts it is unusally
so, when we come to take into consideration the size of the species to
which it belongs. The manubrium is for the most part a thin com-
pressed median plate, with sharp edge below and thickened border
above. At its base superiorly, it is contracted again to an edge, that
just keeps the coracoids apart in the articulated skeleton. The cora-
coidal grooves lie in the horizontal plane; they are broad from above
downwards, convex at their middles, and concave at their inner and
outer limits. Anteriorly, the margin of the keel is very sharp, being
carried clear up to the base of the manubrial process. It appears
above, however, merely as a line on the front of that column of bone
that descends in this situation, to be gradually lost as its expands on
either side of the keel below within this anterior margin. ‘The cari-
nal angle in WV. /ongirostris is rounded in front, being partly covered
by the raised rim that bounds the entire length of the keel below.
This latter part of the sternum is exceedingly deep, being carried
backwards to the very end of the sternal body by a graceful curve
QPig. 15).

Upon the costal border we observe six transverse facets for articu-
lation with the hemapophyses. They are limited beyond by a low
quadrate costal process —a feebly-pronounced feature in the sternum
of our Curlew. So high do the sides of the sternal body itself arise
that it reminds one very much of avery deep spoon with slender
processes projecting from its free border in front, corresponding to the
hinder border of the sternum. ‘These processes are four in number,
two on either side, making this sternum a four-notched one. ‘Their
shape and arrangement can best be seen by referring to my drawing
in Fig. 14. On the superior aspect of the sternum, in the median
line, and just within the anterior boundary, we find a deep pit with
rounded margins. At its base, there seems to be a few minute, pneu-
matic perforations. The usual muscular lines are found to be strongly

58 ANNALS OF THE CARNEGIE MUSEUM.

marked on the sternal body and keel in this Curlew, being carried
back, in each case, nearly to its xiphoidal extremity.

The chief differences presented to us in the sternum of JV. dorealis
are a greater width of the mid-process posteriorly, and a very decided
protrusion forwards of the carinal angle anteriorly. In all other
respects the sternum of the Eskimo Curlew seems to be the very minia-
ture of the bone I have just described for the Sickle-bill Curlew.

Passing next to the sternum as we find it in Scolopax, Philohela, and
Gallinago, it is to be observed that the bone has, in its general form,
precisely the same pattern as it has in Mwmenius. ‘The carinal angle,
however, is more prominent and pointed, and the sterna of these birds
lack the internal pair of xiphoidal notches. I have one sternum of a
specimen of Wilson’s Snipe ( Ga//mago) though, that on the right hand
side has a foramen at the locality where the inner notch occurs in
other Zimicole. Most Sandpipers have a sternum like what we found
in the Curlews, but the posterior xiphodal border, as indicated by the
ends of the xiphoidal processes, lays more in a transverse line, not
being nearly as much rounded as it is in Wumentus. Limosa has the
inner pair of notches very small, and they are absent again in such
genera as Pavoncella and Rhyacophilus. Avocets have all four of the
notches, and in them they are about of equal depth, while in Zofanus
they agree with Zimosa. Bartramia longicauda shows a small pair of
inner notches in its sternum, with very deep outer ones.

Gallinago has the manubrium very small, and in the sternum of that
species the pectoral muscular lines on the sides of the carina are raised
and rounded welts. This last character is wanting in Woodcocks, and
in them the manubrium is larger. I believe in all the unmentioned
species the sternum is four-notched, and in other respects substantially
has the pattern of that bone as it is seen in Vumenius.

Of the Appendicular Skeleton.— All the bones of both limbs in the
Limicole are non-pneumatic in character. Asa rule, the long bones
are straight, and comparatively very long. ‘They are also strong and
otherwise perfectly developed — shore-birds being, as we know, good
fliers.

The os humero-scapulare seems to be absent, its place being taken
by ligaments, as in other birds where this ossicle does not appear.

The humerus (Fig. 21) of Mumenius longtrostris has a shaft that is
much straighter than is commonly seen among birds, where it is usually
formed like a long ais Its proximal extremity is comparatively widely

SHUFELDT: OSTEOLOGY OF THE LIMICOL. 59

expanded, which expansion includes the graceful canopy that arches
over the unpierced pneumatic fossa. A deep notch divides this from
the articular facet or head for the glenoid cavity.

The radial crest is well developed and bent outwards almost at a
right angle with the vertical plane of the bone, when viewed in a
position of rest. Should a section of mid-shaft be made, the figure
would be very nearly circular; it becomes triedral proximally and
roughly elliptical towards the distal end. In this latter region, above
the external condyle, an ‘‘epicondylar’’ process is developed; and
this process is developed in a greater or less degree in all shore-

i a Oi =

tec RARER Eee LEER re

Fic. 21. Right humerus of ements longirostris, anconal aspect ; natural size.

birds. Its apex is intended for muscular attachment. There is a well-
marked fossa just proximad to the distal articular tubercles of the
humerus.

Viewed from above, the shaft of the w/a is seen to have a long,
gentle curve, extending from one end of the bone to the other, being
the greatest near its proximal extremity.

The papillze for the quill-butts along the shaft are quite distinct in
this bird, and still more so in the Oyster-catcher, where they present the
unusual condition of being narrow and oblong in shape, and placed,
as it were, obliquely on the shaft. To the inside of these a secondary
row is seen, running down the shaft longitudinally. These little pro-
tuberances are scarcely perceptible in the Phalaropes or in 777nga.

The radius of WV. /ongtrostris does not exhibit so much of a curve
in its shaft as its companion in the antibrachium, though it is gently
bent throughout its length. A concavity is scooped out of its shaft
near the head, over which tendons pass in life.

The carpus contains the two free bones ordinarily found there in
adult birds, articulating after the usual manner.

All of the Zimicole, so far as I have examined them, are endowed
with a remarkably long hand. If we allow the bones of the carpus to
be added to it, its length in the Sickle-bill is fully equal to that of the

60 ANNALS OF THE CARNEGIE MUSEUM.

ulna. Each bone lends its proportional share to produce this result.
The shaft of the second metacarpal is, for the most part, cylindrical
in form, while its"anchylosed companion is of very slender proportions.
I findzin Mumenius and Hematopus a delicate, curved and free claw-
joint, suspended from the distal end (Fig. 22, x).

There is an ample expanded portion springing from the posterior

Fic. 22. Palmar aspect of right manus of Wamenius longirostris, showing also
distal extremities of radius and ulna, natural size. 7, radius; zw, ulna; s, radiale ;
c, ulnare ; f, pollex ; x, claw on pollex ; 2’, index metacarpal of carpo-metacarpus ;
2’/, its first or proximal phalanx ; 2’, its distal phalanx ; 727, medius metacarpal of
carpo-metacarpus ; 72/7, its digit.

aspect of the first digit of second metacarpal. It is produced down-
wards as a flattened and peg-like process, not commonly seen. This
phalanx supports below one more long ayd slender joint. ‘The smaller
digit of the third metacarpal has a shape not unlike a compressed
claw, as it hooks over the expanded portion of the finger at its side.
The Pelvic Limb, — After the process of maceration and drying,

SHUFELDT: OSTEOLOGY OF THE LIMICOLA, 61

the femur of this Curlew has all the appearance of a pneumatic bone,
but careful search fails to discover the orifices at their accustomed sites,
though a few very minute openings are to be seen on the opposite side
of the bone, below the facet. This, I must believe, would be an
unusual locality for such foramina. ‘The femoral shaft in Mumenzus is
straight, smooth and cylindrical, with all muscular lines nearly obso-
lete. A rough surface is found on the back of the trochanterian
prominence, and this portion rears well above the facet at the summit.

The pit for ligamentum teres is very shallow, and rather irregular in
outline. Several of the characteristic features of the distal extremity
of the bone are more keenly defined than those just described for the
proximal end. ‘The intercondyloid notch is deeply excavated ; the
anterior border of the external condyle is a sharp crest, while the cor-
responding surface on the internal one is evenly rounded. Upon the
reverse aspect we find the popliteal depression well sunken, and the
notch for the head of fibula cleanly cut out. A tubercle and pit exist
on its outer and condyloid side for ligamentous attachment.

The length of the tibio-tarsus in this Curlew is double that of the
femur, and the shaft of the bone has a general convexity inclined out-
wards. Sections taken through its middle third are subellipses, and
the expanded extremities are rather abruptly attached, more particularly
the proximal one. There the pro- and ectocnemial processes rise
squarely from the shaft, showing but little of that tendency to merge
gradually into it below. ‘The ectocnemial process is shaped like a
claw, with its joint inclined downwards. Its fellow is much larger,
lamelliform, slightly turned outwards, quadrilateral in figure, with the
angles rounded off. ‘They are produced upwards as a rotular process
to a very slight extent. The fibular ridge stands out from the shaft on
its outer aspect asa prominent and rather extended crest of bone.

At the distal extremity we find the inner condyle to be smaller than
the opposite or outer one, as well as proportionately narrower from
above downwards. In the groove between them anteriorly, the tendi-
nal ridge is ossified, the span being thrown directly across, and not
obliquely, as it is in some birds. Prominent tubercles exist on either
side, immediately above it, for ligamentous attachment, and an addi-
tional bridge is formed of this material above this point. The fdula
is compressed from side to side above, and club-shaped. After articu-
lating with the ridge designed for it on the tibio-tarsus, it merges into
the shaft of that bone a little over half-way down, measuring from the
proximal extremity.

62 ANNALS OF THE CARNEGIE MUSEUM.

/Timantopus, with its pelvic limb of twenty-nine centimeters in
length, has a fibula that descends but one fourth the distance down the
tibial shaft.

The patella in Numentus is, comparatively, very small, and of an
odd, irregular shape. Oryster-catchers have this sesamoid only repre-

Fic. 23. Parts oF Ricur PeLvic Limp oF NuMENIUs LoncirosrrRiIs, Natural
size. 772, anterior view of the tarso-metatarsus ; 777’, a view of the surface of its prox-
imal extremity at right angles to the shaft; 4, the hypotarsus ; ¢//, a view of the
surfaces of the distal extremity of tarso-metatarsus at right angles to the shaft, showing
the trochleze for the podal digits; 7, upper extremity of the tibia; 7’, view of its

proximal surface at right angles to the shaft ; /, anterior aspect of the femur,

sented in a diminutive cartilaginous nodule, and it is absent in other
shore-birds. It is small in Avocets and Willets.

The ¢arso-metatarsus of Mumenius is but a little over a centimeter
shorter than its tibio-tarsus. Upon the superior surface of its proxi-
mal extremity the articular facets for the tibial condyles are deeply

SHUFELDT: OSTEOLOGY OF THE LIMICOLA. 63

impressed, and a prominent tubercle arises between them on the ante-

rior rim (Fig. 23, #7). Behind, the hypotarsus is bulky, being both

grooved and pierced for the passage of the tendons. ‘The shaft of this

Fic. 24. Skull of Hematopus backmani, left lateral view ; natural size.
Fic. 25. Mandible of HYematopus backmant, viewed from above ; natural size.

Fic. 26. Skull of /Zematopus backmant, superior aspect ; natural size ; mandible
Fic. 27. Skull of Hematopus backmani, basal view ; mandible removed ; natural

Fics. 24, 25, 26 and 27 are all drawn by the author from the skeleton of the same
l

individual (No. 13,636 of the Smithsonian Collection ).

64 ANNALS OF THE CARNEGIE MUSEUM.

bone is concave longitudinally for its entire length on the anterior as-
pect, and less so upon the posterior. The trochlear prolongations at
the distal end are large, and the extremity much expanded, a feature
still better marked in the swift-footed Oyster-catchers. | When describ-
ing the skeleton in the Plovers I spoke of the fact of a number of the
limicoline birds lacking the hind toes. ‘This is the case with /zman-
topus and others. With respect to the Curlews, in number, the pha-
langes of the podal digits are arranged upon the common plan of the
avian foot, and in no way offer us anything beyond the ornithic char-
acteristics that pertain to the skeletal foot of a typical wader.

Now the writer has made many comparisons of the wing and leg bones
of the Lemecol@, and has failed to find any very decided departures
from what has been given above for the Curlews. Practically, the
characters are the same throughout the suborder. Even those birds
that show the more marked differences in other directions, as the
Woodcocks and Gaddnago, have the skeleton of the limbs typically
limicoline. This does not apply to the comparative and relative
lengths and calibers of bones, for such may differ, and probably do,
among the various species and genera of shore-birds. Nor does the
absence or presence of the claw on the pollex phalanx seem to go for
much, for although entirely wanting in some forms, it is most rudi-
mentary in others, while as we have seen, in Wwmenius it is a true
claw, piercing the integuments and covered with a horny sheath.
Such a claw never occurs, I believe, on the distal phalanx of index
digit in any of the Zimzcole. .

In so far as the osteology of the Aphrizide is concerned I have
already given a full account of the skeleton of the Surf Bird in a paper
entitled, ‘‘ On the Affinities of Aphriza virgata,’’ which appeared in
The Journal of Morphology for November, 1888 (Vol. II., No. 2), and
to it the reader is referred for such limicoline characters that are desir-
able to be taken into consideration with what is set forth in the present
memoir. ‘There are some few corrections the writer would like to
make in the aforesaid paper, but they are not of sufficient importance
to justify its republication as a whole. ‘There is, however, one point I
should like to invite attention to, and that is what I say in that paper
in regard to the unreliability of the so-called notches in the sterna of
some genera of birds. As a character it attracted the attention of Pro-
fessor Alfred Newton, F.R.S., and he wrote me from Cambridge, Eng-
land, under date of December 14, 1889, and said in connection with

SHUFELDT: OSTEOLOGY OF THE LIMICOL. 65

two sterna of the European Woodcock he kindly submitted me for
examination, ‘‘ but I send two to show how variable is the form of the
posterior notches in this species; I have always maintained that char-
acters drawn from this part of the sternum are comparatively of little
value, and especially in the Zzmzcole.’’

I now pass to a brief consideration of the osteology of the Jacanas.

Novres ON THE SKELETON IN THE JACANAS ( Zhe Jacanid@).

Jacanas are birds which have been considered by some as belonging
to the family Ra/ide and by others placed in the present group.
Their position here however, I think has now been most definitely
settled, chiefly through the anatomical investigations upon numerous
species of them, undertaken by Garrod and by Forbes. ‘he former
writer in his celebrated paper, ‘‘On the Value in Classification of a
Peculiarity in the Anterior Margin of the Nasal Bones in certain Birds ’’
has said that ‘*‘ Parra should be removed to the Charadriomorphe,’’
and the last-named talented anatomist in his excellent paper on ‘* Notes
on the Anatomy and Systematic Position of the Jacanas (Parride).’’
has very conclusively settled their taxonomic position for all time. I
will use this paper of Forbes quite extensively here for what there is
to be said about their osteology. He examined specimens of Parra
jacana and gymnostoma, Metopidius indicus, africanus and a/binucha,
and fydrophasianus chirurgus, and the present writer has closely
studied a mounted skeleton of P. gymnostoma. Garrod figured the
skull of Aydralector cristata (P. Z. S., 1873, p. 34, Fig. 5), and
Forbes the skull of P. yacana (Coll. Sci., Memoirs, p. 224, Fig. 1).

In speaking of them as a family Forbes said in his paper: ‘‘ There
are well-developed basipterygoid processes, which are always absent in
the Rails, though of very frequent occurrence amongst the ‘ Pluviales,’
occurring in all the Charadriinz and Scolopacinz I have examined.
In Parra jacana and Metopidius albinucha, the long, narrow, slightly
decurved vomer is emarginate apically, as in certain Charadriidz. In
the Raliide@ it is, I believe, always sharp at the point.’’

‘©The maxillo-palatine processes are rather slender and directed
backwards ; they have the form of concavo-convex lamellz, are not at
all swollen, and do not unite by some way in the middle line, the
vomer appearing between and (when the skull is viewed from the
palatal aspect) below them.”’

1Garrod, A. H., P. Z. S., Lond., 1873, pp. 33-38. See page 37.

1Forbes, W. A., P. Z. S., Lond., 1881, pp. 639-647.

66 ANNALS OF THE CARNEGIE MUSEUM.

‘¢ There is no ossified internasal septum, nor any ossification of the
narial cartilages. The lacrymal is small, anchylosed with the naso-
below.”’

?

frontal region of the skull above, and with the ‘ pars plana

‘¢Qn the posterior aspect of the skull there are no traces of the
occipital fontanelles, which are found in so many birds related to the
Plovers.”’

‘<The supraorbital impressions for the nasal glands, which are so
conspicuous in most Plovers, the Gulls, Auks and many other birds,
are absent in the Parride.’’

Forbes showed by a drawing how unlike the sternum of JZetoprdius
albinucha was the bone as it is found in the Ra//7d@, and added: ‘In
the latter group the sternum is always peculiar in that the xiphoid pro-
cesses exceed in length the body of the sternum, which tapers toa
point posteriorly, and from which they are separated by very long and
well-marked triangular notches. The carina sterni also is less well
developed, and the clavicles are weaker and straighter, being less
convex forwards than in the Parride. The sternum and clavicles of
Parra and Metopidius in general form, on the other hand, resemble
closely the type found in some of the Pluvialine birds (e. g., Thino-
corus, Atiagis).’’

«¢ The pelvis, again, of the Rails presents certain well-marked pecu-
liarities. If that of Radllus aguaticus be taken asa typical form, it
will be found that the ilia are long and narrow, and but little expanded
in their preacetabular part. The postacetabular portion of the pelvis
is but little bent down on the preacetabular part ; and the ischia and
pubes are but little everted. The ischia are united by broad bony
plates to about the three most posterior ‘‘ sacral’’ vertebra ; between
these plates and the expanded part of the ilia above are well-developed
and deep fossee, occupied, in the fresh state, by the posterior portion
of the kidneys. Viewed from above, the well-marked ‘‘ postacetabu-

>is

lar’’ ridge, which divides off the dorsal from the lateral aspect of the
pelvis, running from just behind the antitrochanteric eminence to the
posterior spine of the ilium, presents, a little behind those two points,
a strongly projecting process. The greatest breadth of the postace-
tabular part of the pelvis is therefore here, and not at the more an-
teriorly situated prominence, close to the antitrochanter. Viewed from
the side, this ridge forms a sort of overlapping roof to the slightly
excavated external pelvic fossa. The genera Ocydromus, Aramtdes,
Fulica and Porphyrio do not essentially depart from this type.’’ ‘In

SHUFELDT: OSTEOLOGY OF THE LIMICOLA. 67

Parra and Metopidius the ilia are wider and more expanded anteriorly.
The postacetabular ridge has hardly any median projection ; and the
pelvis is widest, dorsally, just behind the antitrochanters. The plates
of bone between the ischia and sacrum are narrower, and the posterior
part of the renal fossa less well developed, and more open in conse-
quence. In all these points these forms thus approach the Limicoline
birds.’

After showing the peculiarly expanded radius present in some of the
genera of the Parride, and illustrating it by a drawing of the wing-
bones of Metopidius albinucha (Coll. Sci. Mem., pp. 227, 228, Fig.
3), he adds: ‘*In Parra jacana and P. gymnostoma the radius pre-
sents the ordinary form; and the same is the case in ydrophasianus
chirurcus. . . . The ‘claw’ or ‘spur’ of the wing of the Jacanas
has, it may be observed, no relation whatever to the ‘claw’ or nail
of the pollex, which is also present, though small, in all the three
genera I have examined. ‘The ‘spur,’ in Parra jacana at least, con-
sists of an external, translucent, yellow epidermic layer, which invests
a central core of compact fibrous tissue, this in turn being supported
by a bony projection developed at the radial side of the first meta-
carpal.’’

‘As regards the position of the Parridee in the group Pluviales, it
appears to me that they form a well-marked family, with no very obvi-
ous relationships to any of the other families of that group, approaching,
however, perhaps most nearly to the Charadriide, from which they
are easily distinguishable by the absence of supraorbital glands and
occipital foramina, by their enormously elongated toes, by the number
of rectrices, and other points. A brief definition of the Parridze may
be given as follows: ’’

‘¢Charadriiform birds, with ten rectrices, short ceca, and a tufted
oil-gland ; with the ambiens, accessory femoro-caudal, and accessory
semitendinosus muscles developed, and with the obturator internus
triangular ; with a two-notched sternum, and with the digits, includ-
ing the hallux, greatly developed ; with the skull provided with basi-
pterygoid processes, but lacking occipital foramina and supraorbital
gland-depressions.’’

I am inclined to depart somewhat from this finding of Forbes, and
although I believe that the Jacanas belong among the Limicole, as we
have here placed them, I am inclined to think that their relationship
to certain of the Sandpipers is closer than it is with any of the Plovers.

=, 2

x

tt

=>

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68 ANNALS OF THE CARNEGIE MUSEUM.

In the first place they are more strictly aquatic than are most of the
Plovers, and many of the latter have but three toes (the anterior ones).
The Jacanas have a two-notched sternum, so has Rhyacophilus solita-
rius and Actitis macularia and probably other Z7zug@. In all the typi-
cal Plovers, I believe, the sternum is four-notched. Jacanas have a
habit occasionally, when standing, of stretching the wings upwards to
their full extent above the back, so that they nearly or quite touch each
other. ARhyvacophilus and other Sandpipers have the same peculiar
habit, and it is not practiced by the Plovers. ‘The skull of a Jacana
is quite as much tringine as it is pluvialine, as is also its pectoral arch,
and some other bones of its skeleton.

In the specimen I examined (/acana gymnostoma) 1 found the
postero-external angles of the palatines rounded; and the vomer
anchylosed with those bones. ‘The basipterygoid processes were pres-
ent. The vomer long, slender and rounded anteriorly. ‘Two vacui-
ties occupied the interorbital septum. Mavxillo-palatines were small,
elongated, not swollen, and nearly hidden by the preepalatines. De-
scending process of lacrymal fused with pars plana, and the bone
anchylosed with the frontal and nasal above. Schizorhinal in type, it
likewise possessed twenty-one vertebrae between the skull and pelvis
(Rails, as a rule, have twenty-two). Morphologically, both sternum
and pelvis are tringo-ralline, with the os fuwrcu/a tringine in type. As
to the ribs, I found five hemapophyses that reached the sternum, and
one pair that did not do so. ‘here are two pairs of cervical ribs
which articulated with their vertebrae. A faze//a is present which
sesamoid is absent in true Radiide.

SYNOPSIS OF THE PRINCIPAL OSTEOLOGICAL CHARACTERS OF
THE LIMICOL.

1. Excepting certain parts of the skull, the entire skeleton is non-
pneumatic.

2. Bones of the facial region (premaxilla) may be shortened
(pluvialine types) or lengthened (scolopacine types) ; and in certain
of the latter it may be either recurved or deflected to one side.

3. The sphenoidal rostrum is elongated and slender, and _ the
mesethmoid projects forward beneath the premaxilla.

4. All the forms are of the schizognathous type, as well as schizo-
rhinal. .

5. The vomer may be small and spiculiform (PAz/ohe/a), or long

SHUFELDT: OSTEOLOGY OF THE LIMICOLA&. 69

and lamelliform. It may be pointed anteriorly, or bifurcated ( Avocets
and Hematopus) or rounded, as in some of the /acanide.

6. The maxillo-palatines are usually plate-like, concavo-convex
scrolls, often nearly absorbed by perforating foramina. In Hematopus
they are flat and thicker, and fuse with the palatines.

7. Basi-pterygoid processes are always present and functional. _

8. The interorbital septum always shows a central perforation of
greater or less size. This is least noticeable in MWacrorhamphus.

g. The angle of the mandible may be either a sharp, recurved
process or it may be lamelliform as in //ematopus. It may have its
articular ends bent downwards as in the Woodcocks and Gad/inago.

ro. The sternum may have two pairs of xiphoidal notches (Plovers
and others); or a single pair (Actitis, Rhyacophilus, Jacanas, Wood-
cocks and Gad//inago). Its manubrium is never large, and the keel
is deep. Os furcuda is of the U-shaped pattern, and its hypocleidium
small or nearly aborted.

11. Hallux usually much reduced in size, except in /acanide, or
may be entirely absent.

12. The phalanges of the anterior toes diminish in length from the
basal to the penultimate.

ON THE AFFINITIES OF THE LIMICOL&.

Regarding this suborder as a whole, and selecting any genus of
Plovers to represent its center, then by the aid of osteological charac-
ters alone, it is not a difficult matter to trace from them, through cer-
tain forms, to the Zavide and their kin. On another line, and
passing the Sandpipers, Willets, Godwits and Curlews in review, we
find them also related to the Ibises and their relatives. Or from the
Willets, through the Avocets and Stilts, they seem to lead to Lurypyga,
and through such tringine forms as Rhyacophilus and Actitis, related
as they are to the /acanide, they lead to the Raliide of the suborder
Furicari®. Finally, W. Kitchen Parker has shown that through
Hlematopus and Chionis, their affinity with the Zudznares can be
demonstrated. —

In some respects the Zzmico/e rank lower than the herodine and
ralline types, while in other particulars they are undoubtedly higher.

Regarding the forms we have dealt with in the present chapter, and
again selecting the Plovers as the center of the group, we find that
through Aphriza virgata of the family Aphrizide they are linked

70 ANNALS OF THE CARNEGIE MUSEUM.

most perfectly with the Z77nmgee, as through the Turnstones of the
Family Avenaride their kinship with the Oyster-catchers of the
Family //ematopodide may easily be traced. Phalaropes are most
nearly related to the Sandpipers ; and the Woodcocks and Gad/inago
in their shoulder-girdles, pelves, and less so in their sterna, show
strong ties with larine stock, as in its skull does also Hematopus. ‘The
line from the Plovers through the Sandpipers
Macrorhamphus — to the true Snipes and Scolapax rusticola is clearly

and Micropalama —

indicated, and most distinct. And starting from the pluvialine center
again, we once more pass through the 777mgee, Actitis, Rhyacophilus,
the Tatlers of the genus Zotanus, through Zzmosa to the Curlews.
Some of these relationships cannot be definitely made out until we
are in possession of a fuller knowledge of the anatomy in-its entirety
of many of the types which have been named in this memoir. At
the present writing I am engaged upon preparing a provisional scheme
of classification of Aves as a Class. In it I place the CHara-
DRIIFORMES (LX.) between the Lariformes and the group containing
all the ralline types. ‘They are then arranged in the following manner.

SUPERSUBORDER. SUBORDER. SUPERFAMILY. FAMILY.
Charadriide.
Arenariide.
Heematopodidee.
Aphrizide.
Scolopacide.
Phalaropodide.
Recurvirostridz.
Jacanoidea. Jacanidee.
Thinocoride.
Dromadide.
Glareolide.
Cursoride.
( C&dicnemidee.
( Otidide.

Limicole.

X. CHARADRIIFORMES.

Cursore.
Otidoidea.
EXPLANATION OF PLATE.

Right lateral view of the skeleton of Jacana gymmnostoma. Collection of the
United States National Museum, No. 17,317. Nearly natural size.

ANNALS CARNEGIE MUSEUM, Vol Il.

Right Lateral View of the Skeleton of Jacana gymnostoma

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IV. MINUTE BOOK OF THE VIRGINIA COURT HELD
FOR YOHOGANIA COUNTY, FIRST AT AUGUSTA
TOWN (NOW WASHINGTON, PA.), AND AFTER-
WARDS ON THE ANDREW HEATH FARM
NEAR WEST ELIZABETH ; 1776-1780.

EDITED BY BoyD CRUMRINE, OF WASHINGTON, Pa.

INTRODUCTORY.

The minutes of this court, as well as those of the old Fort Dunmore
court printed with an introductory sketch in Vol. L., pp. 505-568 of
these Annaés, are preserved in several old manuscript volumes of
unruled paper, legal-cap size. The entries in these order books were
evidently written hastily by the official clerks during the sessions of the
court, accounting for the misspelling of many proper names and other
words, and for frequent illegibility. ‘They may have been intended
to be copied out at length in the more formal records of the court
proceedings ; but it is possible that, as the courts themselves as well
as the Virginia territorial jurisdictions ceased to exist after the final
running of the southern and western boundary lines, no other and
more regular transcript of the orders was ever made, and that the
records now published are the only ones in existence containing the
judicial business of these ancient courts.

These records are accurately copied, when at all legible, as spelled
and capitalized in the original; even the punctuation is unchanged
except now and then when thought to be absolutely necessary for in-
telligibility. For it is believed that when the details of local history
are given, for the subsequent use of the general historian, this literal-
ness of transcription gives color and strength to local incidents. So
when one meets in old records with the name James Swolevan, he is
interested in determining that the name must have been that of plain
James Sullivan. And shall we say that the name ‘‘ Worshington ”’
was not ‘‘ Washington ”’ ?

71

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ANNALS OF THE CARNEGIE MUSEUM.

Attention is called to the efforts made, as disclosed in the proceed-
ings of the Court of Yohogania County now published, to have the
oath of allegiance to the State of Virginia administered to all the in-
habitants of the Monongahela and Ohio valleys, within the limits of
the actually exercised jurisdiction of Westmoreland County, Pennsyl-
vania. '

Why are the records of these old Virginia courts found in the vaults
of the court-house of Washington County, Pennsylvania? <A reply to
this question may be made as follows :

On March 1, 1780, just before the final ratification by Pennsy]l-
vania and Virginia of the agreement at the Baltimore Conference, on
the establishment of the boundary lines between the two states, and
whilst all the territory of Washington, Allegheny, Fayette and Greene
counties and of that part of Beaver county south of the Ohio River still
formed part of Westmoreland County, erected in 1773, the legislature
of Pennsylvania, ‘first of all the states,’’ says III. Bryant’s Hist. of
U. S., 177, passed an act for the gradual emancipation of all the
slaves within its jurisdiction.” And on March 21, 1781, Washington
County was erected, the first new County out of old Westmoreland.
Then on April 13, 1782, less than two years after the Virginia courts had
ceased to be held within the limits of Pennsylvania, and still before the
boundary lines had been actually run on the ground, an act was passed
by the general assembly of Pennsylvania, entitled ‘‘ An Act to redress
certain grievances within the Counties of Westmoreland and Wash-

ington.’’*

The preamble to this act recited :

«« Whereas a number of the inhabitants of Westmoreland and Wash-
ington counties have represented to the General Assembly that they
labor under many inconveniences by reason that Before the Boundary
was agreed to between the States of Virginia and Pennsylvania, many
of the inhabitants aforesaid, conceiving themselves under the jurisdic-
tion of Virginia, which exercised judicial authority over them, had
taken and subscribed the oath of Allegiance and Fidelity as prescribed by
the laws and the usages of the said State, [and] are considered in many
respects as not entitled to all the rights of free citizens of this State ;
and but for the reason above mentioned they have had no opportunity

1See the Order of Court on August 26, 1777, and 9 Henning’s Statutes 281.

2See Act of March 1, 1780, II. Carey & Bioren, 246; I. Dall. L., 838; 1
Smith’s L., 492.

3 This act is not found at length in any of the editions of our Pennsylvania laws,

but see it noted as obsolete in I. Dall. L., p. 55.

pal?

MINUTES OF CouURT OF YOHOGANIA COUNTY. ie

of entering or registering their slaves agreeable to the Act of Assembly
of this State for the gradual Abolition of slavery ; and that a number
of the records and papers containing the proceedings of the late
counties of Yohogania, Monongalia and Ohio are now in the hands of
the late Clerks, who are not authorized to give exemplied copies
Eoereot : ”?

Then followed enacting sections providing that all the inhabitants
of Westmoreland and Washington counties, whose names should be
found in the records thereinafter mentioned, having and producing to
the clerks of the General Quarter Sessions of the said counties respec-
tively ‘‘ certified copies or certificates of their having taken the Oath of
Allegiance and Fidelity to the State of Virginia before the said Bound-
ary was agreed to, shall be and they are hereby declared to be to all in-
tents and purposes free citizens of this state ;’’ and further providing
that all such inhabitants ‘*‘ who were on the 23rd day of Sept., 1780,’
possessed of Negro or Mulatto slaves or servants until the age of thirty
one years,’’ might register such slaves or servants under said act for
the gradual abolition of slavery, ‘‘ on or before the rst day of January
next ; and the said master or masters, owner or owners of such slaves
or servants shall be entitled to his or their services as by the said act
is directed, and the said slaves and servants shall be entitled to all
benefits and immunities in the said act contained and expressed.’’
Then followed the final section :

‘And be tt further enacted by the authority aforesaid, that the
Clerks of the Orphans’ Courts, the Registers of the probates of Wills
and granting letters of administration, and the Recorders of Deeds,
for the respective counties of Westmoreland and Washington aforesaid,
shall be authorized and empowered to call on the late clerks of the
said counties of Yohogania, Monongalia and Ohio, for all such papers
and records in their custody or possession, which relate to or affect
the taking of the oath or affirmation of Allegiance, the probates of
wills, granting letters of administration, and the Recording of Deeds
or other indentures of Bargain and Sale, of any of the inhabitants of
the said counties of Westmoreland and Washington, and when they
shall receive all or any part of the said papers and records as aforesaid
they shall be lodged within their respective offices and become part of
the records of said counties ; and the said Clerks are hereby required

1 The day of the final ratification by Pennsylvania of the final agreement for the
boundary lines; VIII. Penna. Archives, 570.

74. ANNALS OF THE CARNEGIE MUSEUM.

and enjoined on demand as aforesaid to deliver up intire and indefaced
all such papers and records as aforesaid, and in case they or either of
them shall refuse or neglect to deliver up the papers and records in
manner and form aforesaid, they or either of them so neglecting or
refusing shall forfeit and pay the sum of five hundred pounds, to be
recovered by action of debt in any court of Common Pleas within this
Commonwealth, for the use of the same.

‘Signed by order of the House,

“* Fred’ k A. Muhlenburg, Speaker.’’

Monongalia and Ohio counties, Virginia, did not become extinct,
but were pushed out of Pennsylvania by the boundary lines established,
and carried their records with them. ‘The records of the courts at
Fort Dunmore and for Yohogania County, thus became a part of the
official records of Washington County, Pennsylvania.

3y reference to the record of the formal organization of the old Fort
Dunmore court, Vol. I., p. 525 of these Aza/s, it is seen that that
court was constituted under ‘‘ His Majesties Writ,’’ issued by Lord
Dunmore, ‘‘ for adjorning the County Court of Augusta from the Town
of Staunton to Fort Dunmore, and with a new Commission of: the
Peace,’’ which included George Croghan and fourteen others named
after him, all of whom resided in the Monongahela and Ohio valleys,
as ‘*Gentlemen, Justices.’? The creation of that court was by the
will of King George as expressed by his colonial representative, Lord
Dunmore. But there came a time when His Majesty’s writs by whom-
soever issued were inoperative west of the Alleghenies, as well as east
of them to the Atlantic; and, as noted briefly on p. 520, Vol. I. of
these Axna/s, the legislature of Virginia, now become an independent
commonwealth, in October, 1776, passed An Act for ascertaining the
boundary between the County of Augusta and the District of West
Augusta, and for dividing the said District into three district Counties.

This act, to be found at length by the reference in the note,’ estab-
lished the southern boundaries of the District of West Augusta, and
proceeded :

‘And to render the benefits of government and administration of
justice more easy and convenient to the people of said District, Be it
enacted, &c., That from and after the 8th day of November next en-

1 Chapter XLV., 9 Henning’s Statutes, 262. See our map of the District of West
Augusta, facing p. 518, Vol. I. of these Azzzals.

MINUTES OF CouRT OF YOHOGANIA COUNTY. 16

suing all that part of said District lying within the following lines, to
wit: Beginning at the mouth of Cross Creek, thence up the same
to the head thereof, thence southeastwardly to the nearest part of the
ridge which divides the waters of the Ohio from those of the Mononga-
hela, thence along the said ridge to the line which divides the county
of Augusta from the said District, thence with the said Boundary to
the Ohio, thence up the same to the beginning, shall be one distinct
county and be called and known by the name of Ohzo County.

«« And all that part of the said District lying to the northward of
the following lines, viz: Beginning at the mouth of Cross Creek, and
running up its several courses to the head thereof, thence southeast-
wardly to the nearest part of the aforesaid dividing ridge between the
waters of the Monongahela and Ohio, thence along the said ridge to
the head of Ten Mile Creek, thence east to the road leading from Cat-
fish-Camp to Redstone Old Fort, thence along the said road to the
Monongahela River to the said Fort, thence along Dunlap’s old road to
Braddock’s road and with the same to the meridian of the head foun-
tain of the Potowmack, shall be one other distinct county and shall be
called and known by the name of Vohogania County.

«« And all that part of the said District lying to the northward of the
county of Augusta, to the westward of the meridian of the head foun-
tain of the Potowmack, to the southward of the county of Yohogania,
and to the eastward of the county of Ohio shall be one other distinct
county, and shall be called and known by the name of the County of
Monongata.

‘¢ And for the administration of justice in the said counties of Ohio,
Yohogania and Monongalia, after the same shall take place, Be it en-
acted, &c., That after the said 8th day of November, courts shall be
constantly held every month by the Justices of the respective Counties,
upon the days hereafter specified for each county respectively, that is
to say: For the County of Ohio, on the first Monday, for the County
of Monongalia on the second Monday, and for the County of Yoho-
gania on the fourth Monday in every month, and in such manner as
by the laws of this Commonwealth is provided for other Counties, and
as shall be by their Commission directed.’’ !

A subsequent section of this Virginia statute provided that the court
of Yohogania County should have jurisdiction to hear and determine
all actions and suits, both at law and in equity, which should be

1 See Crumrine’s ‘‘ History of Washington County,’’ p. 183 and notes.

76 ANNALS OF THE CARNEGIE MUSEUM.

‘¢depending’’ before the Court of West Augusta at the time the said
jurisdiction should take place. And it was further enacted,’ that the
landholders of the said counties, respectively, should meet on the 8th
day of December next, those of the County of Yohogania ‘‘ at the house
of Andrew Heath, on the Monongahela’’; those of the County of
Monongalia ‘‘ at the house of Jonathan Corbin [Coburn] in the said
county ’’ ; and those of the County of Ohio ‘‘at the house of Ezekiel
Dewit in the said County,’’ then and there to choose the place of hold-
ing courts for their respective counties.

Jonathan Coburn lived about ten miles southeast of New Geneva, in
what is now Fayette County, and the place chosen for holding the
courts of Monongalia County was the plantation of Theophilus Philips,
ahout two miles above New Geneva, on the upper Monongahela, and
here the courts of that county were held until the establishment of the
boundary line, when, to get them out of Pennsylvania, they were
removed to the plantation of Zachwell Morgan, afterwards Morgan-
town ; but the early records of this court were lost in the burning of
the court-house at Morgantown in 1796. ‘The place chosen by the
landholders of Ohio County for the holding of the court for that
county was Black’s Cabin, on Short Creek, now West Liberty, West
Va., and the first court held there was on January 6, 1777. There
these courts continued to be held until 1797, when they were removed
to Wheeling.

Whether the election required to be held on December 8, 1776, at
the house of Andrew Heath (near what is now West Elizabeth, Alle-
gheny County, Pa.), to choose a place for holding the court for Yoho-
gania County, was held at the time and place appointed is not known ;
but, whatever the fact, there is now room for the belief, from a more
careful study of the records of that court here produced, that, from
its first session on December 23, 1776, until on August 25, 1777, when
it was ordered ‘*’That the court be adjourned to the house now occu-
pied by Andrew Heath,’’ the court for Yohogania County continued
to be held at Augusta Town, now Washington, Pa., and that it was
then removed to its new and last place of holding on the Mononga-
hela.

We now submit to the student of western Pennsylvania history a
full verbatim transcript of the records of the long since extinct court
of Yohogania County, to be illustrated hereafter, it is hoped, by a col-
lection of explanatory notes, identifying persons and places mentioned.

12 Henning’s Statutes, 264, 265.

a |

CE

ANNALS OF THE CARNEGIE MUSEUM.

ORGANIZATION ; First Day’s BUSINESS.

Yohogania County, Dec. 23, 1776.

In consequence of an Act of the General Assembly of Vir-
ginia putting off all that part of the District of West Augusta
Northward of the following bounds or lines (viz :) Beginning at
the mouth of Cross Creek, running up the several courses
thereof to the head; Thence South-Easterly to the nearest
part of the dividing ridge Between the Ohio and the Monon-
gahela Rivers, Thence along the said Dividing Ridge to the
head of Ten Mile creek, Thence East to the road leading from
Catfish camp to Redstone Old Fort, Thence with the said road
to the Monongahela River, Thence across the said River to the
said Fort, ‘Thence along Dunlap’s old road to Braddock’s
Road, and with said road to the meridian of Potowmac River,

and a Commission of the Peace and a Commission of Oyer
and ‘Terminer, Directed to John Campbell, Edward Ward,
Thomas Smallman, Dorsey Pentecost, John Gibson, William
Crawford, John Stephenson, John Cannon, George Vallanding-
ham. William Goe, John Neaville, Isaac Cox, John McDowell,
Richard Yeates, John McDaniel, George McCormick, Philip
Ross, Benjamin KirKindall, William Harrison, Samuel Newell,
Thomas Brown, Thomas Freeman, John De Compt, Joshua
Wright, Oliver Miller, Benjamin Frye, Matthew Richie, An-
drew Swearingen, Jacob Haymaker, Benjamin Harrison, and
Zachariah Connell; Also a Dedimus Potestatum, directed to
William Goe, John Neaville and Isaac Cox, or any two of
them, to administer the oath prescribed by law to John Camp-
bel, Edward Ward, Thomas Smallman, Dorsey Pentecost,
John Gibson, John Cannon and George Vallandingham, or
any two of them, and they to administer the aforesaid oath to
the aforesaid Justices.

Whereupon the aforesaid William Goe and Isaac Cox ad-
ministered the aforesaid oath to the aforesaid Dorsey Pente-
cost, who thereupon did administer the aforesaid oath to the
aforesaid Richard Yeates, George McCormick, Benjamin Kir-
Kindall, Samuel Newell, William Goe, Isaac Cox, Thomas
Freeman, Joshua Wright, Oliver Miller, Benjamin Frye, Mat-
thew Richie, Andrew Swearingen and John Cannon, as Justices

of the Peace.

1’The marginal figures in (_ ) represent the original paging of these records.

MINUTES OF COURT OF YOHOGANIA COUNTY. 79

The court then proceeded to the election of their clerk,
whereupon the said Dorsey Pentecost Esquire was unanimously
chosen and appointed their Clerk, and ordered to take charge
of their rolls.

Dorsey Pentecost took the oath Prescribed by Law as Clerk
of this court.

The court demanded the Records and Papers from John
Madison, Junior, Deputy Clerk of East Augusta, in whose cus-
tody they are, Which he Peremptorily refused, Notwithstanding
he confessed he had seen an Act of assembly directing him so
to do.

Edward Ward, gentleman, came into court and prayed that
the court would receive his reasons for refusing to act as Sheriff
of this county, which was granted and were as follows :—That
he cannot think of acting as Sheriff, or appointing any under
Sheriffs, until the line Between the States of Virginia and
Pennsylvania are fixed or limited, for on the North Eastern
Bounds of this County There is still a Door open for dispute
and Contintion, which has been heretofore the cause of Dis-
turbing the Peace of the People Settled and claiming alter-
nately The Jurisdiction of each Government, and before he
can think of acting or any Person under him, he proposes pray-
ing the General Assembly to have a Temporary line fixed be-
tween them, or the limits of Pennsylvania run, or the Govern-
ment of Virginia Peremptorily running the same, until which
is done he cannot think of acting in any state or Government
to Infringe on the reserved, rights of his fellow subjects ; he
further assures that when Government has this done, he is ready
to act with Cheerfulness, and if this Cannot be done he begs
that the Court will Recommend some other gentleman to his
Excellency to serve as sheriff,—and hopes the Court will
acquiesce in Promoting the having the above bounds ascer-
tained ; and further offers to qualify into the Commission of
the: Peace.

The Court is of opinion that the said Edward Ward, gentle-
man, may be Permitted to Qualify into the Commission of the
Peace, they being of opinion that he is no sheriff untill he
enters into Bond before this Court, and comply with the Tin-
ner of his Commission as Sheriff; Whereupon the said Edward

SO

(4)

ANNALS OF THE CARNEGIE MUSEUM.

Ward came into Court and took the oath of a Justice of the
Peace.

The Court is of opinion that Joshua Wright Gentleman is a
proper person to be recommended to his Excellency the Gover-
nor to serve as Sheriff, the whole of the above gentlemen
named in the Commission of the Peace who are qualified refus-
ing to act in said office on account of the great difficulty they
apprehend will attend the execution of said office until such
time as a line is fixed Between this CommonWealth and the
state of Pennsylvania.

srice Virgin is appointed Constable to serve the Insuing
year and that he be Summoned before Richard Yeates Gentle-
man to be qualified into said office.

Richard Elson is appointed constable to serve the Insuing
year, and that he be summoned before Isaac Cox, Gentleman,
to Qualify into said office.

William Lankford is appointed Constable to serve the Ensu-
ing year and that he be summoned before Matthew Richie
Gentleman to be Qualified into said office, as also

John Alexander is appointed Constable to serve the Ensuing
year, and that he be summoned before Matthew Richie Gentle-
man to Qualify into said office.

Samuel Clerk is appointed Constable to serve the Ensuing
year, and that he be summoned before William Goe, Gentle-
man to (Qualify in said office.

Samuel Griffith is appointed Constable to serve the Ensuing
year, and that he be summoned before William Goe Gentleman
to qualify into said office.

Isaac Sparks is appointed Constable to serve the Ensuing
year, and that he be summoned before Thomas Freeman,
Gentleman to Qualify into said office.

Also John Brown, James Buorass, Matthew Hays,
Bradley is appointed Constables to serve the Ensuing year, and
that they be summoned before Edward Ward, Gentleman to
(Qualify into said office.

William Gaston is appointed Constable to serve the Ensuing
year, and that he be summoned before Andrew Swearingen,
Gentleman to Qualify into said office.

Wm Hays is appointed Constable to serve the Ensuing year

MINUTES OF COURT OF YOHOGANIA COUNTY. 81

and that he be Summoned before John Cannon, Gentleman to
be Qualified into said office.

John Johnston is appointed Constable to serve the Ensuing
year, and that he be summoned before Joshua Wright Gentle-
man to Qualify into said Office.

Josiah Orsborn and Philip Philips is appointed to Serve as
Constables the Ensuing year, and that they be summoned before
Samuel Newell Gentleman to Qualify into said office.

Andrew Dye & Peter Austurges is appointed Constables to
Serve the Ensuing year, and that they be summoned before
Benjamin Frye, Gentleman to Qualify into said Office.

John Beans is appointed Constable to serve the Ensuing year,
and that he be summoned before Oliver Miller, Gentleman to
Qualify into said office.

Ordered that Dorsey Penticost Esquire be recommended to
his Excellency the Governor as a proper Person to have the
Command of the Melitia of this County ; and that John Cannon
be a proper Person to be recommended as Colonel of the said
Melitia ; Isaac Cox be recommended as Leutenant Colonel of
said Melitia, and Henry Taylor, Major of said Melitia.

Ordered that the Clerk forward a letter to his Excellency &
Council, notifying the general dissatisfaction of the people of
this County against the late Election’ being held on the Sabath
day, the short notice of the said election, and of the Inconveni-
ency of the Bounds circumscribing the said County.

Whereas by an act of the General Assembly the Suits &c
brought and Instituted in the Court of the District of West
Augusta are directed to be determined in this Court, and the
Papers and Records relative thereto are now in the hands of
John Maddison, Junior, Deputy Clerk of East Augusta, who
hath this day been Called upon to deliver the said Papers and
records to this Court, which he, the said John Maddison, in

(5) contempt of the said Act and the demands of this Court refuses
to deliver, to the manifest Injury of Individuals and evident
hurt of the Publick: Ordered, therefore, that a Process be
Issued to apprehend the said John Maddison and forthwith
bring him before this Court to answer the above misdemeanor.

Court adjourned until Court in Course. Epw? Warp.

1 This was perhaps the election held on December 8, to choose a place for holding
the court.

(6)

ied

ANNALS OF THE CARNEGIE MUSEUM.

Court met on Monday the 28th of April 1777, according to
adjournment to Court in Course.

Present: Edward Ward, John Cannon, John McDowell,
Richard Yeates, Benjamin Kirkindall, Joshua Wright, Oliver
Miller and Andrew Swearingen, Gentlemen Justices.

On the Court’s meeting and the Sheriff's Commission not
coming to Mr. Joshua Wright, agreable to recommendation of
the Court and notwithstanding Colonel Penticost’s letter to
Colonel Cannon, Insuring him he had a Sheriff’s Commission
for Mr. Wright, he refused to act Protempory. Therefore the
Court was reduced to the necessity of appointing another, as
there was an Election to be held for a Senitor and Delegates,
and a Criminal to be tried and other Breeches of the Peice.

The question being first put to Mr. Joshua Wright, to be ap-
pointed Protempory, and he refused, notwithstanding his hear-
ing of the Commission:as aforesaid ; but said if his commission
had came to this Court he would have sworn into said Office. —
The Question then being put to the rest of the Court, who
would serve as Sheriff, and all refused to, Except Mr. William
Harrison, who agreed to be appointed, and the Court’ unani-
mously agreed that the said Mr. Harrison be recommended as
a proper Person for Sheriff and Mr. Joshua Wright concurd
with the Court.

The Court is of the opinion that William Harrison, Samuel
Newell and Thomas Freeman are proper persons to be recom-
mended for Sheriffs the Insuing year.

William Harrison came into Court and took the oath as
Sheriff.

Court adjourned ‘Tuesday 7 O’ Clock.’

Court met according to adjournment.

Present: Edward Ward, John Cannon, John McDowell,
Richard Yeates, Benjaman Kirkindall, Joshua Wright, Oliver
Miller, Andrew Swearingen, Gentleman Justices.

Zacheriah Connell came into Court and took the oath of
Justice of ‘the Piece:

The Court Still Labouring under great difficulty for the want
of a Clerk, as Colonel Dorsey Penticost our former Clerk lying

o’clock !

(7)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 83

in Baltimore in the Small Pox. ‘The Court then applied to
Mr. James Innis, who the said Colonel Penticost had appointed
to serve as Clerk in his absence, and when application was made
to said Mr. Innis, he refused to attend the Court; his answer
was that he only agread to ‘attend the March Court — upon
which the Court Choose Mr. Isaac Cox for their Clerk who
Came into Court and swore into said Office.

Zachariah Connell, William Lee and Andrew Heth came
into Court and took the Oath of Captains of the Militia.

John Cannon Came into Court and took the Oath as Colonel
of the Melitia.

Henry Taylor came into Court and took the oath of Major of
the Melitia.

Joshua Wright was applied to by the Court to Swear into his
Captain’s commission, but he refused as he was a Leiutenant of
a former Nominal Company.

John Meligan being charged with Felloniously Murdering
William Guttery and being Convicted for the same, was
brought into Court, and he acknowledged he was guilty of the
Crime he stod charged with, and the Court is of Opinion that
the said Crimminal for said fellony ought to be sent to the
general Court for farther Trial.

John Melony and Samson Beavers, Securities for Joseph
Ross, for his appearance at the Court, as by his recognizance
appears, came into the Court and delivered said Ross to the
Court, and after the Court had heared the Complaint, was fined
twenty five Shellings for swearing four Blasfemous Oaths before
John Cannon, one before John Johnston —and ordered that
the said Ross give Security for his better Behavior For one

year and one day.

John Melony came into Court and agreed to be security for
Joseph Ross’s keeping the Piece and better Behavior to the
Subjects of the Common Wealth, and esspecially to Colonel
John Cannon, whome he had threatened to abuse the first opper-
tunity. The said security bound in the sum of one Hundred
pounds.

Upon the Petition of Benjaman Jones ordered that John
3ennitt be summoned to Bring a Boy Claimed by the said
Jones to the Next Court.

S4

(8)

ANNALS OF THE CARNEGIE MUSEUM.

Samson Beavers come into Court and entered Security for
the payment of twenty five Shellings at the laying of the Next
Parrish Levey, it being Joseph Ross’s fine for swearing.

Court is adjourned untill Wednesday 8 Oclock.

Court met according to adjournment.

Present: Edward Ward, John Cannon, Oliver Miller and
Zacheriah Connell, Gentlemen Justices.

The Sheriff came into Court and gave Bond and Security
for the true performance of the said office.

John Crow being charged with Breach of the piece, ordered
that the said Crow give Security for his Better behavior towards
all the Subjects of the Common Wealth, and Especially to Joseph
Ross for a year and one day. Henry Taylor and James
Austurges enter Security for the same, bound in the sum of one
Hundred pounds.

Ordered that the Clerk furnish the Sheriff with all papers
necessary for the Tryal of John Milligan at the General Court.

Ordered that the Clerk send down the recommendation for
William Harrison to be Sheriff.

Ordered that the Clerk send down by Mr. William Harrison
all proceedings of the Court relative to the appointment of the
Sheriff and Clerk.

Patrick McGey, Thomas Smyth and James Furgurson being
Convicted for Breaches of the piece — Ordered that the said
Patrick McGey, Thomas Smyth and James Furgurson give
Security to each other, for their better Behaviour for the Space
of one year and one day, and also to all the Subjects of the
Common Wealth.

Henry ‘Taylor and John McGey enter Security for Patrick
McGey and ‘Thomas Smyth.

John Crow and David Williams enter Security for James
Furgurson.

Ordered that Patrick McGey and Thomas Smyth be fined
the Sum of two pounds each, and that the Sheriff secure the
same and pay it to James Furgurson.

Charles Harrison and William McKee is appointed Constables
for the Ensuing year, and that they be Summoned _ before
Zacheriah Connel Gentleman to swear into said office.

The Court adjourned to Court in Course.

(9)

MINUTES OF COURT OF YOHOGANIA COUNTY. 85

At a Court Continued and held for Yohogania County May
26th, 1777.

Present: William Crawford, Benjaman Kirkindall, John
McDaniel and Oliver Miller, Gentlemen Justices — The afore-
said William Crawford and John McDaniel being Previously
sworn by the aforesaid Benjaman Kirkindall and Oliver Miller,
Gentlemen Justices.

Colo Dorsey Penticost came into Court and beged that the
Court would consider the Cause of his not attending their
Court at their last meeting — he the said Pentecost, Convinced
this Court that it was out of his power to attend, he being at
that Time confined in the Small Pox —and prayed the Court
to reestablish him in his Office as Clerk of their Court.
Colonel Isaac Cox who was appointed Clerk of this Court to
succeed him, acquiesing in Said Petition, on the Proviso that

his Bonds given the Court for the due performance of his Office
be given up or Confiscated ; the Court is therefore of opinion
that the Reasons Offered by the said Pentecost for his non-
attendance at Last Court is satisfactory and the Court acquiesce
with his and Colonel Cox’s request. — And it is accordingly
ordered that Colonel Cox’s Bond be delivered him and he is
hereby released therefrom and that the said Pentecost enter
into Bond with this Court for the due performance of his Office,
and to Take the Charge of the Rolls of this County as Clerk
to this Court.

Colonel Isaac Cox took his seat in Court.

Colonel William Crawford absent.

Thomas Cook came into Court and took the Oath of Captain
of the Militia.

John Muchelhaney is appointed Constable to Serve the Ensu-
ing year and that he be Summoned before Benjamin Kirkin-
dall, Gentleman, to Qualify into said Office.

Benjamin Kirkindall (otherwise Called Jorsey Ben)! is ap-
pointed Constable to Serve the Ensuing year, and that he be
Summoned before Oliver Miller, Gentleman, to Qualify into
said Office.

Court adjourned untill Tomorrow 9 O’ Clock.

Isaac Cox.

1 Not the Gentleman Justice, but another Benjamin.

86 ANNALS OF THE CARNEGIE MUSEUM.

May the 27th 1777, Court met according to adjournment.

Present: Isaac Cox, William Crawford, Oliver Miller, John
McDaniel, Benjamin Kirkindall and Benjaman Frye, Gentle-
men Justices.

Upon the Petition of Benjaman Jones exhibited against a
certain John Bennitt for unlawfully detaining his son Enoch
Jones, an Infant.

Ordered that the Said John Bennitt deliver the said Boy
Enoch Jones unto the said Benjaman Jones, with Such House-
hold firnitureas he may have, the property of the said Boy
Enoch Jones, and the said Benjaman Jones pay the said John
Bennitt the Sum of Six pounds on the delivery of the said Boy
Enoch Jones, and that the said John Bennitt deliver unto the
said Infant, Enoch Jones, when he arrives at the age of ‘Twenty
one years, one good Cow and Calf.

Michael ‘Thorn and Joshua Meeks both come into Court and
Took the oath of Captains of the Melitia.

Ordered — That Zacheriah Connell Gentleman, Take in the
List of Tithables in the following Bounds, Viz: — Beginning
at the head of Maryland and Extending along Bradock’s Road
To Thomas Gist, Thence with Froman’s Road to Byer’s Run,

(10) thence down the said Run to Yough River, Thence down the
said River to the mouth of Swedley Creek, Thence with said
Creek and the Northern bounds of the County to the Begin-
ning.*

Ordered—That Edward Ward, Gentleman be appointed to
Take in the List of Tithables within that part of the County
Lying West of Swedley Creek East of the Alleghany River &
North of the Monaungahela River.

Ordered — That William Goe Gentleman be appointed to
take in the List of Tithables within the following Bounds,
(Vizt) Beginning at William Castleman’s on the head of Little
Redstone Creek, Thence on a Strait line to the mouth of
Worshington’s Mill Run,’ Thence down Yough River To its
Junction with Monaungahela River, thence up the said River

1 At this time there were no townships, in Yohogania County at least, created by
statutory authority, as in Pennsylvania.

2 Doubtless Washington’s Mill Run.

(11)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 87

Monaungahela to the mouth of Little Redstone Creek, Thence
up the said Creek to the aforesaid Willam Castleman’s.

Ordered — ‘Thomas Freeman Gentleman be appointed to Take
in the List of Tithables within the following bounds ( Vizt) :
Within that part of the County Lying Between the Laurel Hill
and the Monaungahela River, and between the line of this
County and the Monaungahela County and the following Line.
Vizt — Beginning at the House of Thomas Gist Esquire and ex-
tending Along Froman’s Road to Byer’s Run, Thence down
said Run to Yough River, thence Down said River to the
mouth of Worshington’s Mill Run. ‘Thence on a Strait-line to
the House of William Castleman on the head of Little Redstone
Creek, Thence down said Creek to its junction.

Ordered — That Benjaman Frye Gentleman, be appointed to
Take in the List of Tythables, within the following Bounds,
Vizt. Beginning at the mouth of Pigion Creek and running
up the said Creek to its fountain, Thence a South Course to
the South Line of the County, Thence with said Bounds to
the Monaungahela River, Thence down the said River to the
Beginning.

Ordered — That Benjaman Kirkindall, Gentleman be ap-
pointed to Take in the List of Tithables within the following
Bounds (Vizt) Beginning at the mouth of Pigeon Creek and
extending up the same to its fountain, Thence a South line to
the South bounds of the County, thence with said bounds to
the Top of the dividing Ridge Between the waters of the Mo-
naungahela River and Chirteers Creek, Thence along said
Ridge to the head of Peter’s Creek, Thence down the said
Creek to the mouth, thence up the Monaungahela River to the
seginning.

Ordered — That Oliver Miller Gentleman be appointed to
take in the List of Tithables within the following Bounds, Vizt.
Beginning at the mouth of Peter’s Creek and extending up the
same to its fountain—thence on a Strait Line to Ezeel John-
ston’s on Churteer’s Creek, thence down the same to its Junc-
tion with the Ohio, Thence up the Rivers Ohio and Monaun-
gahela to the Beginning.

Ordered — That Richard Yeates Gentleman, be appointed to
take in the list of Tithables within the following Bounds Vizt.

GICAT>

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Cr:

ANNALS OF THE CARNEGIE MUSEUM.

Beginning at the mouth of the East fork of Churteers Creek and
Extending up the same to Ezekiel Johnston’s, Thence on a
Strait Line to the head of Peter’s Creek, Thence along the
dividing ridge between Churteer’s Creek and the Monaungahela
River to the South line of the County, Thence along said line
to the middle or main fork of Churteer’s Creek, Thence down
said Creek to the place of Beginning.

Ordered — That Andrew Swearingen Gentleman be appointed
to ‘Take in the List of Tithables within the following bounds,
(Vizt) Beginning at the mouth of the West fork of Churteer’s
Creek and Extending up the same to the Top of the deviding
ridge Between Churteer’s and Cross Creeks, Thence along said
Ridge to the South Line of the County, thence along said Line
to the Main fork of Churteer’s Creek, Thence down the same
to the Beginning.

Ordered — That John McDaniel Gentleman be appointed to
take in the List of Tithables within the following Bounds,
(Vizt) Beginning at the mouth of the West fork of Churteer’s
and extending up the Said Fork to the Top of the Dividing
Ridge Between Churteer’s Creek and Cross and Raccoon
Creeks, Thence down the Said ridge to the head of Robertson’s
run, Thence down the said run to Churteer’s Creek, thence up
the said Creek to the Beginning.

Ordered — That Samuel Newell Gentleman be appointed to
Take in the List of Tithables within the following Bounds,
Vizt — Beginning at the mouth of Churteer’s Creek and extend-
ing up the same to the mouth of Robertson’s run, Thence up
said run to Croghan’s Line, Thence with said line to Raccon
Creek, Thence down said Creek to the Ohio, Thence up said
River to the Beginning.

Ordered — Matthew Richie Gentlemen be appointed to take
in the List of ‘Tithables within the following Bounds, Vizt.—
Beginning on the Ohio at the mouth of Raccoon Creek, Extend-
ing down said River to the mouth of Indian Creek, ‘Thence up
the same to its fountain, Thence on a Strait Line to Thomas
Rogeres on Raccoon Creek, Thence down the same to the
Beginning.

Ordered — That Isaac Cox Gentleman be appointed to Take
in the List of Tithables within the following Bounds, ( Vizt) —

(17)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 89

Beginning at the mouth of Cross Creek and extending up the
same to the head, thence along the dividing ridge between
Cross, Raccoon and Churteer’s Creeks to Croghan’s line,
Thence with said line to Raccoon Creek, Thence up the same
to Thomas Rogers’s, Thence on a Strait line to the head of
Indian Creek, Thence down the Same to Ohio River, Thence
with the Said River to the Beginning.

An Execution Issued by Edward Ward Gentleman against
Samuel Ewalt, ordenary keeper, for keeping a disorderly House.
The Sheriff returns Executed and five pounds ready to render
— Ordered That the Sheriff retain said money in his hands
untill the Laying the next Levy.

Abraham Dale
vs Debt — Ahias Capias.

Richard Elson

[2 folios, 4 pages missing ] .

The last Will and Testament of Jacob Lamb deceased was
proved by the oaths of John Crow and John Wright to of the
subscribing Witnesses. George Kintner came into Court and
Took the oath of Executor of the Last Will and Testament of
Jacob Lamb deceased, and entered into Bond for his perform-
ance according to Law with John Crow and John Wright his
securities.

Upon the Representation of Alen Tharp and Wife, that a
Certain Michael Humble did forcibly and with a Strong hand
Carry away from them, the Complainants, five of their Chil-
dren. Ordered — That the said Michael Humble forthwith
deliver the said Children to the aforesaid Alen Tharp and Wife.

Ordered — That the Court be adjourned untill Tomorrow 7
Oclock in the forenoon. Isaac Cox.

June 25th 1777, Court met according to adjournment.

Present : John Campbell, Isaac Cox, Richard Yeates, Thomas
Freeman, Oliver Miller and Zacheriah Connell, Gentlemen,
Justices.

Ordered — That the Sheriff cause to be Erected a pair of
Stocks, anda Whiping post in the Court-House yard by next
Court.

90

(18)

ANNALS OF THE CARNEGIE MUSEUM.

Upon the information of Zacheriah Connell, Gentleman,
That James Johnston did this day swear two profane oaths and
two profane Cusses — Ordered, That the said James Johnston
be fined Twenty Shillings, Currant money for the same.

Upon the information of Isaac Gox Gentleman that James
Johnston did this day swear three profane Oaths and one pro-
fane Curse — ordered, That the said James Johnston be fined
Twenty Shillings Currant money for the same.

Upon the information of John Campbell Gentleman That
James Johnston did this day swear four profane oaths, ordered
—That the said James Johnston be fined one pound Currant
money for the same.

Ordered — That Richard Yeates and Isaac Leet be appointed
to meet two Gentlemen to be appointed by the Court of Mo-
naungahela County, at the House of Captain Reason Ver-
gin’s on the forth day of August Next, to run the line agre-
able to Act of Assembly between this County and the said
County of Monaungahela.

Ordered — That Richard Yeates and Isaac Leet be appointed
to meet two Gentlemen to be appointed by the Court of Ohio
County at the House of William Shearer’s, on the head of Cross
Creek, on the first day of August next to run the line between
this County and the said County of Ohio agreeable to Act of
Assembly.

Ordered — That the Court of Monaungahela be requested
to appoint two gentlemen of their County to meet two Gentle-
men already appointed by this Court at the House of Captain
Reason Vergin’s, on the forth day of August next, to run the
line Between this County and the said County of Monaunga-
hela, agreeable to act of assembly.

Ordered — That the Court of Ohio County be requested to
appoint two Gentlemen of their County to meet two Gentle-
men already appointed by this County at the House of William
Shearer’s, on the head of Cross Creek, on the first day of
August next to run the Line between this County and the said
County of Ohio agreeable to act of assembly.

Ordered — That Court be adjourned untill Court in Course.

Isaac Cox.

(19)

(20)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 91

Ata Court Continued and held for Yohogania County August
7 a i Oy

Present: Isaac Cox, Richard Yeates, Thomas Freeman, John
McDowell and Zacheriah Connell Gentlemen Justices.

Ordered: That for Conveniency of Seting and Expediting
Business, That the Court be adjourned to the House now occu-
pied by Andrew Heath.’ Isaac Cox.

At the House of Andrew Heath, Court met according to
adjournment.

Present: John Campbell, Isaac Cox, Richard Yeates,
Thomas Freeman, John Cannon, John McDowell, John Mc-
Daniel and William Goe, Gentlemen Justices.

The last Will and Testiment of Job Robins was proved by
the oaths of Joseph Brown and Joseph Sprouce, the two Sub-
scribing Witnesses and ordered to be recorded.

Benjaman Custard and Rebekah Robins came into Court and
Took the oath of Executors of the Estate of Job Robins de-
ceased and entered into Bond with Gabriel Cox and Zadock
Wright their Securitys. —

Ordered — That David Cox, John Trumbo and Thomas
Spencer or any two of them being first sworn do appraise the
Estate of Job Robins deceased and Return the Inventory to
next Court.

Bargain and Sale, Jonathan Plummer to Henry Heath, was
acknowledged by the said Jonathan Plummer party thereto and
ordered to be recorded.

Zachariah Connell Gent, Plaintiff
vs In Case

Samuel Wells, Defendant

This day the plaintiff by his attorney, and Edmond Lindsey
personally appeared in Court and undertook for the said De-
fendant, That in Case he shall be Cast in this Suit that he
shall pay and satisfie the condemnation of the Court or render
his Body to Prison in Execution for the same or that he the
said Edmond Lindsey will do it for him, whereupon the said
Defendant prays and hath leave to Imparle untill next Court
and then to plead.

' Had the court theretofore been held at Augusta Town ?

92

(21)

ANNALS OF THE CARNEGIE MUSEUM.

Jacob Bauseman produced a Commission as Captain of the
Melitia which being read, The said Jacob Bauseman Came into
Court and Took the Oath of Captain of the Melitia.

George Vallandingham, Gentleman named in the Commis-
sion of the piece Came into Court and took the Oath of Jus-
tice of the Piece.

Edward Ward, Gent., Plant
Vs InsG@ase

Joseph Wells, Defendant

This day came the plaintiff by his attorney, and Thomas
Freeman Gentleman, personally appeared in Court and under-
took for the Defendant that in Case shall be Cast in this Suit,
that he shall pay and Satisfie the Condemnation of the Court
or render his Body to Prison in Execution for the same, or
that he, the said Thomas Freeman will do it for him, where-
upon the said Defendant prays and hath leave to Imparl untill
next Court and then to plead

Walter Buscoe Plaintiff
VS. In Case

Edward ‘Todd, Defendant

This day came the plaintiff by his attorney, and Joseph
Wells Personally appeared in Court and undertook for the
said defendant that in Case he shall be Cast in this Suit that he
shall pay and Satisfie the Condemnation of the Court or render
his Body to Prison in Execution for the Same or that he the
said Joseph Wells do it for him. Whereupon the Defendant
prays and hath leave to Imparle untill next Court and then
to plead.

Isaac Leet Came into Court and Took the oath of Deputy
Sheriff.

Ordered that John James Wood be appointed Constable to
serve the Ensuing year and that he be sommened before Wil-
liam Goe, Gentleman, to Qualify into said Office.

Ordered — That Court be adjourned untill Tomorrow morn-
ing Six O’Clock.? Joun CAMPBELL.

August 26th 1777. Court met according to adjournment.
Present: John Campbell, John McDowell, Isaac Cox,

16 o'clock !

MINUTES OF CouURT OF YOHOGANIA COUNTY. 93

Richard Yeates, John McDaniel, William Goe, Zacheriah
Connell, George Vallandingham, Thomas Freeman and John
Cannon, Gentlemen Justices.

David McClure by his attorney Complains that Sarah Bres-
ling an Indented Servant was delivered of a Bastard Child
within her said Time of Service and the said Sarah Bresling
being Called Came into Court and Confessed to the Charge.
It is thereupon Ordered by the Court that the said Sarah
Bresling doth serve her said Master the Term of one whole
Year from the tenth day of October Next (being the expiration
of her service by Indenture) to reemburs her said Master for
his Loss and Trouble for the same — or that she pay her Mas-
ter the sum of one Thousand Pounds of Tobacco in Leu of
said Service.

Bargain and Sale. Dorsey Pentecost to Samuel and Robert
Purviance for Three Hundred and fifty two acres of Land
acknowledged by said Pentecost, party thereto and ordered to
be recorded.

3argain and Sale from Dorsey Pentecost to Samuel and
Robert Purviance, acknowledged by said Pentecost party
thereto and ordered to be recorded for four hundred and Six
acres of Land.

Bargain and Sale from Dorsey Pentecost to Samuel and
Robert Purviance for three Hundred and Seven acres of Land.
Acknowledged by said Pentecost, party thereto, and ordered
to be recorded.

Bargain and Sale from Dorsey Pentecost to Samuel and
Robert Purviance for one Hundred & Sixty three acres of
Land. Acknowledged by said Pentecost, Party thereto and
ordered to be recorded.

Bargain and Sale. Dorsey Pentecost to Jesse Hollingsworth
for five Hundred and fifty one acres of Land, acknowledged
by Said Pentecost, party thereto and ordered to be recorded.

Edward Ward, Gent, Plaintiff
against In Case
Richard Dunn, Defendant
This day came the Plaintiff by his attorney, and Patrick
MuckElroy Personally appeared in Court and undertook for the

94

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ANNALS OF THE CARNEGIE MUSEUM.

said Defendant, that in Case he should by Cast in this Suit
that he Shall pay and Satisfie the Condemnation of the Court
or render his Body to Prison in Execution for the same, or that
he, the said Patrick MuckElroy will do it for him, whereupon
the said Defendant prays and hath Leave to Imparl untill next
Court and then to plead.

Joseph Wells is appointed Constable to serve the Ensuing
year. Whereupon the said Joseph Came into Court and Took
the Oath of a Constable.

Oliver Miller Gentleman, Justice Present.

Upon the Petition of Paul Froman, Setting forth that he is
desirous of Building a Water Mill on Mingo Creek at the
mouth Thereof; and praying an order to view and Condimn
one Acre of Land on the opposite Side from said Froman’s
Land for that Purpose,

Ordered — That the Sheriff be Commanded to Sommon
twelve Freeholders of his Vissinage to meet on the aforesaid
land and they being first Sworn Shall diligintly View and Ex-
amine the said Land which shall be Effected or Laid under
Water by the Building Said Mill with the Timber and ‘other
conveniences thereon, and that they report the same to Next
Court with the True Value of said acre of Land Petitioned for
and of the Damages done the Party holding the same.

William Brashers produced a Bond Payable from Thomas
Hamilton to Andrew Swearingen for five hundred pounds Cur-
rant Money with a Condition to deliver to this Court the Body
of a Certain Robert Hamilton, which he hath not fulfilled.

Ordered —'That the said Bond be put in Suit against the
said ‘Thomas Hamilton.

Ordered: That the following Gentlemen be Appointed to
make a Tour of the Different Districts hereafter mentioned, and
Tender the Oath of Allegience and Fidelity to this Common
Wealth to all free Male Inhabitants, agreable to an Act of
Assembly Intitled an act to oblige all the free Male Inhabitants
above a Certain age to give assurance of allegience to this
state and for other purposes, Therein Mentioned.’

Ordered — ‘That Matthew Richie, Gentleman, be appointed

! For the act itself see 9 Hening 281.

MINUTES OF CouRT OF YOHOGANIA COUNTY. 95

for the above purpose within the following Bounds, Vizt :—
Beginning at the mouth of Cross Creek and up the same to the
Dividing ridge Between said Creek, Raccoon and Churteer’s
Creeks ; thence along said Ridge to Croghan’s Line ; thence
with said Line to Raccoon Creek; thence up the same to
Thomas Rogers’s ; thence on Strait Line to the head of Indian
Creek ; thence down the same to the Ohio; thence down the
said River Ohio to the Beginning.

Ordered :— That Samuel Newell, Gentleman, be appointed
for the above purpose within the following Bounds, Vizt :—
Beginning at the mouth of Churteer’s Creek, extending up the
same to the mouth of Robertson’s run ; thence up the said Run
to Croghan’s Line ; thence with said Line to Raccoon Creek ;
thence down Said Creek to the Ohio ; thence up the same to
the Beginning.

Ordered :—That John McDaniel, Gentleman, be appointed
for the above purpose within the following Bounds, Viz:
Beginning at the mouth of the West fork of Churteer’s Creek,
Extending up the said fork to the top of the dividing ridge,
Between Churteer’s Creek, Cross and Raccoon Creeks ; thence
along Said ridge to the head of Robertson’s run; thence down
said Run to the Churteer’s Creek ; thence up the said Creek to
the Beginning.

Ordered :— That Andrew Swearingen, Gentleman, be ap-
pointed for the above purpose within the following Bounds,
Vizt: Beginning at the mouth of the West fork of Churteer’s
Creek and Extending up the same to the Top of the dividing
ridge Between Churteer’s Creek and Cross Creek ; thence along
said Ridge to the South Bounds of the County ; thence with
said Bounds to the Main Fork of Churteer’s Creek ; thence
down the same to the Beginning.

Ordered : — That Isaac Cox, Gentleman, be appointed for
the above Purpose, within the following Bounds, Vizt: all that
part of the County Lying west of Sweedly Creek, East of the
Allegheny River, & North of the Monaungahela River.’

Ordered — That Oliver Miller, Gentleman, be appointed for
The above purpose within the following Bounds, Vizt: Begin-

1 This indicates that the jurisdiction claimed extended well up northeast of Pitts-

bura

eal

ANNALS OF THE CARNEGIE MUSEUM.

ning at the mouth of Peters Creek and extending up the same
to the head, thence a Strait Line to Ezekeel Johnston’s on
Churteer’s Creek, thence down the same to the mouth ; Thence
up the Ohio and the Monaungahela River to the Beginning.

Ordered : — That Benjaman Kirkindall, Gentleman, be ap-
pointed for the above purpose within the following Bounds,
Vizt : — Beginning at the mouth of Pigeon Creek, Extending
up the same to the head, Thence a South Line to the South
Bounds of the County, thence with said Bounds to the Top of
the dividing ridge between the waters of the Monaungahela
River and Churteer’s Creek, Thence along said ridge to the
head of Peters Creek, thence down the same to the Monaun-
ghela River, thence up the same to the Beginning.

Ordered : — That William Goe and Thomas Freeman, Gen-
tlemen, be appointed for the above purpose within the follow-
ing Bounds, Vizt : — Beginning at the mouth of Little Red-
stone Creek and Extending up the same to the House of Wil-
liam Castlemans, Thence on a Strait line to the mouth of
Worshington’s Mill run, thence up Yough River to the mouth
of Byer’s run, Thence up said Run to Froman’s Road ; Thence
along said road to ‘Thomas Gist, Esquire, Thence along Laurel
Hill to Dunlap’s old road, ‘Thence with said road to the Mo-
naungahela River, ‘Thence with said River to the Beginning.

Ordered: — That Zacheriah Connell, Gentleman, be ap-
pointed for the above purpose within the following Bounds,
Vizt: Beginning at the head of Maryland and extending along
Bradock’s Road to Thomas Gists, Esquires ; ‘Thence with Fro-
man’s Road to head of Byer’s Run; Thence down said Run to
Yough River; Thence down the same to mouth of Sweedley
Creek ; Thence with said Creek and North Bounds of the
County to the Beginning.

Ordered : — ‘That Benjaman Frye, Gentleman, be appointed
for the above purpose within the following Bounds, Vizt: Be-
ginning at the Mouth of Little Redstone Creek extending up
the same to the House of William Castleman; Thence ona
Strait Line to the mouth of Warshington’s mill run; ‘Thence
down the river Yough to the Monaungahela; Thence up the
same to the Beginning.

Ordered : —'That Richard Yeates, Gentleman, be appointed

MINUTES OF COURT OF YOHOGANIA COUNTY. 97

for the above purpose within the following Bounds, Vizt: Be-
ginning at the mouth of Pigeon Creek and Extending up the
same to its fountain ; Thence South to the South Bounds of the
County ; thence with said bounds to the Monaungahela River ;
Thence down said River to the Beginning.

Ordered : — That John Inks [illegible], Benjamin Wells,
John White, Jun, Henry Boyles, Samuel Clerk, Samuel Griffith,
William McKee, John Brown, Isaac Sparks, Peter Austerges,
John James Wood, and Brice Vergin, be appointed Constables
to serve the Ensueing year, and that they be Sommoned to
attend Next Court (or the Nearest Justice) to Qualify into said
Office.

Ordered : — That the Sheriff Call on Mr. John Anderson, of
Pittsburg, or any other person, for the papers and records be-
longing to the District of West Augusta, and that the said
Sheriff give the said Mr. John Anderson, or any other person
who may deliver the said Records, a Receipt for the same ;
and that he deliver the said Papers and Records to the Clerk of
this Court, who is also ordered to give the said Sheriff a Receipt
for said delivery.

Robert Hamilton, a prisoner in the Sheriffs Custody, came
into Court and in the grocest and most impolite Manner In-
sulted the Court, and Richard Yeates, Gentleman, in par-
ticular: Ordered, That the Sheriff confine the feet of the said
Robert Hamilton in the lower rails of the fence for the space
of five minutes.

Ordered : — That any prisoner or prisoners the Sheriff have,
Shall be Confined in the guard or some other room in Fort pitt,
with the acquiesance of General Hand, untill such Time as a
proper goal can be provided for the County.

Ordered : — That Isaac Cox, Oliver Miller and Benjaman
Kirkindall, be appointed, or any two of them, to Contract
with a proper person or Persons, to Build a Goal and Court
house in the following manner, and at the following place,
Vizt: The Goal and Court House are to be Included in one
whole and Intire Building, of round sound Oak, to go ‘Twenty
four feet Long and Sixteen feet wide; two Story high; The
lower Story to be eight feet high, Petitioned in the Middle ;

98

A
No
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(28)

ANNALS OF THE CARNEGIE MUSEUM.

with Squeared hewed Logs with Locks, and bears to the door
and Windows, according to law, which Shall be the Goal.
The upper Story to be five feet high in the Sides, with a good
Cabbin Roof, with Convenient seats for the Court & Bar, and a
Clerk’s Table, to remain in one room, with a pair of Stairs on
the outside to Assend up to said Room, which Shall be place
for holding Court ; with two floors to be laid with strong hewed
logs; the whole to be Compleat and finished in one month
from the date hereof. ‘The said Building to be Erected on the
plantation of Andrew Heath at Such Convenient place as the
said Isaac Cox, Oliver Miller & Benjaman Kirkindall, Gentle-
men, or any two of them shall think Proper.

Ordered — That John McDowell, Gentleman, be appointed
to Take a Tour within the following Bounds, and Tender the
oath of allegience and Fidelity to the State, to all free male
Inhabitants within the same, above sixteen years of age, agree-
able to act of Assembly: Beginning at the mouth of the East
fork of Churteer’s Creek and Extending up the same to Ezekil
Johnston’s; Thence on a Strait Line to the head of Peter’s
Creek ; Thence on the Top of the Deviding Ridge Between
the Monaungahela River and Churteer’s Creek to the South
Bounds of the County ; Thence with said Bounds to the Main
fork of Churteers Creek Thence with said Creek to the Be-
ginning.

Ordered — That the Court be adjourned to 6 Oclock
‘Tomorrow Morning.

JoHN CAMPBELL.

August 27th Court met according to adjournment.

Present: John Campbell, Richard Yeates, William Goe,
George Vallandingham, John McDowell, Isaac Cox, Thomas
Freeman, Oliver Miller, Zacheriah Connel, John Cannon &
John McDaniel, Gentlemen Justices.

Alexander Bowling against William Poston. Pluries Capias.

Alexander Bowling against Francis Morrison. In Case.
Plur. Capias.

Christian Summitt against John Golliher and wife. In Slan-
der, Plurious Capias.

MINUTES OF COURT OF YOHOGANIA COUNTY. 99

Thomas Rankin against Jeremiah Standsburry. In Case,
Alias Capias.

David Day against Jacob Hedricks. In Case. Alias Capias.

John Lydea against Joseph Cox. In Case. Alias Capias.

Matthew Dale against Richard Elson. In Case, Alias
Capias.

Benjaman Jones against Patrick McDaniel. In Case. Plur-
ious Capias.

William McMahan against John Greathouse. In Case, Plu.
Cap.

Daniel Swigert against Benjaman Newgent. Atteachment,
Continued for want of Prosecution.

Peter Reasoner against Davis Ruth. In Case. Alias Capias.

Shillings against Spencer Collins. In Case. Alias
Cap.

Dorsey Pentecost against Christopher McDaniel. Debt.
Alias Cap.

Burr Harrison against William Williams. In Case. The
Sheriff Returning agreed, Ordered that the Suit be Demised.

Joseph Lindsey
vs. In case
George Long ‘The Sheriff having Returned that the De-
fendant is not in his Bailliwick, Ordered That This Suit be dis-
missed.

Zacheriah Connell against Abraham Vaughan. In Case.
Ali. Cap.

Richard McMahan against John Trumbo. In Case. The
Sheriff returning Executed and agreed and the Plaintiff not
appearing, though Solemnly Called, Ordered to be dismissed
for Non Procedendo.

Zacheriah Connell against Providence Mounce. In Slander.
The Sheriff Returns Executed. Ordered that said Suit be
Continued.

Zacheriah Connell
against In Slander.
John Lindsey The Sheriff returns Executed, Ordered
that Said Suit be Continued.

100

ANNALS OF THE CARNEGIE MUSEUM.

Ignaw Labat
against In Case.
John Bradley The Sheriff returns agreed, Ordered that this
Suit be dismissed.

Hugh Sterling against Mordicai Richards. In Assault.
Alias Capias.

Ignaw Labat, Plaintiff
against In Debt:
Thomas Girty Defendant ‘The Sheriff returns that the De-
fendant Is not with in his Bailliwick. Ordered that the Suit
be Dismissed.

David Wilson against Henry Bowling. In Case. Alias
Caplas.

Alexander Sumrall Jun
and Thomas Jack Plaintiffs

against In Case
Walter Summerall, Defendant Alias Caplas.

John Worshington against James Poor. Ejectment. Or-
dered to be Continued.

John Spivey against Samuel Beeler. In Case. Alias Capias.

Richard Yeates, Plaintiff
against In Case
Brice Virgin, Defendant ordered to be Dismissed at Piain-
tilt, s request.

Richard Waller Plaintiff
against In Debt
John Earskin, Defendant The Sheriff returns agreed Or-
dered that This Suit be Dismissed.

Dorsey Pentecost, Plaintiff
against In Debt
James Poor Defendant upon the Petition of the Plain-
tiff Seting forth that the Defendant Stands Justly Indebted to
him four pounds Ten Shillings Courant Money refuseth pay-
ment.

(30°)

MINUTES OF COURT OF YOHOGANIA COUNTY. 101

The said James being Solemnly Called & failing to appear
the Plaintiff produced a Note of hand Bearing Interest from the
fifteenth day of December 1774, four pounds Ten Shillings
with Credit on said Note for Two pounds Three Shillings and
six pence. It is Considered by the Court that Plaintiff recover
against the said James the Defendant for two pounds six Shill-
ings and six pence with Interest from the said fifteenth day of
December untill paid, with his Costs about this Suit in that be-
half Expended.

Ordered — That Execution be Staid on this Judgment un-
till next October Court.

Ordered — That the following Gentlemen be recommended to
his Excellency the Governor as proper persons to be added to
the Commission of the piece, Vizt, Isaac Leet, Senior, Joseph
3eeler, Sen. John Carmichael, James Rogers, Isaac Meason,
James McLane, James Blackstone, Joseph Becket and Joseph
Vance, Gentleman.

Ordered: —That the Majestrates appointed to make the
Tour of the County and Tender the oath of allegience and Fi-
delity, Shall also Take in the Numbers in Each Family within
their Respective districts, In order to enable the justices to
make an Equal distribution of the salt, and make return to
October Court.

Zacheriah Connell against Abraham Vaughan. In Case.
Ali. Cap.

Ordered — That Isaac Cox Gentleman be recommended to
his Excellincy the Governor as a proper person to Serve as
Leiutenant Colonel of the Militia of this County, In the Stead
of Thomas Brown Gentleman who hath refused to Serve.

Ordered — That Court be adjourned Till Court in Course &c.

JOHN CAMPBELL.

At a Court continued and held by Adjornment September
I Na is By yf

Present: Isaac Cox, William Goe, Oliver Miller, Joshua
Wright, Gentlemen Justices.

Ordered that Isabel Pegg be appointed Administratrix of all
the Goods, Chattles and Credits of the Estate of Garret New
Gill deceased. She complying with the Law. Whereupon

102 ANNALS OF THE CARNEGIE MUSEUM.

the said Isabel Pegg with James Wright her Surety, Came into
Court and Entered into Bond for the Performance of the Said
Administration. Isabel Pegg came into Court and took the
Oath of Administratrix of the Estate of Garrett New Gill, de-
ceased.

(en) Ordered that John Wall, Benjaman Collends & John Cox or
any two of them being first Sworn do appraise all the Estate
of Garret Newgil decd and make return to the Next Court.

A Bargain and Sale from Gabriel Cox to James Swolevan of
three hundred Acres of Land acknowledged by the said Gabriel
party thereto and ordered to be recorded.

William Taylor produced a Licence appointing him to preach
the Gospel after the Manner of his Sect; which being read,
the said William ‘Taylor came into Court and took the Oath of
fidelity and Allegience to this Commonwealth.

John Gibson came into Court and took the Oath of Ensign
of Militia.

John Campbell Gent took his seat in Court.

Alex Sumrall & Thos Jack

Walter Sumrall
This day came the PIlff, and
William Anderson personally appeared in Court and undertook
for Said Deft that in Case he shall be cast in this Suit he shall
pay & Satisfy the Condemnation of the Court or render his
body to prison in Execution for the same or that he the said
William Anderson will do it for him. Whereupon the Deft
prays and hath leave to imparl untill the next Court and then
to plead.
Ordered that the Court be adjourned to tomorrow at 7
oClock.
JoHN CAMPBELL.

September 23d 1777. The Court met pursuant to adjourn-
ment.

(oS)
i)
SS

Present: John Campbell, Isaac Cox, William Goe, Oliver
Miller, Gentlemen, Justices.

The last will and Testament of Johathan Reed was proved
by the Oaths of Noah Flehearty and Hugh McCreedy, two of
the subscribing witnesses and ordered to be recorded.

(3

)

* =
MINUTES OF COURT OF YOHOGANIA COUNTY. 103

John Cannon, Joshua Wright & Matthew Richey Gentlemen
Came into Court and took their Seats.

Robert Bowers being charged with a breach of an act of the
Common wealth intitled an Act for the punishment of certain
Offences being Called, pleads Not Guilty. Then came a Jury,
to wit. James Swolevan, James Wall, Charles Bruce, James
Campbell, William Marshall, Joseph Becket, John Crow,
Zadock Wright, Edward Cook, Gabriel Cox, Andrew Heath
and John Douglass, and being sworn say that the said Robert
Bowers shall suffer One year’s Imprisonment.

David England, being charged with a breach of an act of
Assembly of this Commonwealth, intitled an Act for the punish-
ment of Certain Offences, Came into Court and Confessed the
Charge. ‘Then came a Jury, to wit James Swolevan, James
Wall, Charles Bruce, James Campbell, William Marshall,
Joseph Becket, John Crow, Zadock Wright, Edward Cook,
Joseph Bealer, Andrew Heath & John Douglass, and being
sworn say that they find forty Shillings.

John Teague and George Corn are allowed two days attend-
ance each as Witnesses in behalf of the Common Wealth
against David English.

Joseph Beeler Gent. is appointed Administrator of all the
Goods, Chattles and Credits of the Estate of John Hutcheson,
deceased, he complying with the Law. — Whereupon the Said
Joseph Beeler with Christopher Beeler Came into Court and
entered into Bond for the due performance of his said Ad-
ministration.

Joseph Beeler Came into Court and took the Oath of Ad-
ministrator of Joseph Hutcheson deceased.

Ordered — That Richard Antis, William Powell and James
Burns or any two of them they being first sword to apprais the
Estate of John Hutcheson deceased and Make Return to Next
Court.

Benjamin Kirkindall Gent Justice Took his Seat in Court.

Andrew Swearingen

Thomas Hambleton This day came the PIff, and Robert
Hamilton personally appeared in Court and undertook for the
Defendant that in Case he Shall be Cast in this Suit he Shall

104

(34)

v
ANNALS OF THE CARNEGIE MUSEUM.

pay and Satisfy the Condemnation of the Court or render his
Body to Prison in execution for the same, or that he, the said
Robert Hamilton will do it for him. Whereupon the said
Deft prays and hath leave to imparl untill next Court and then
to plead.

William Brashiers

Robert Hambleton This day came the PIff, and Thomas
Hambleton personally appeared in Court and undertook for the
Defendant that in Case he shall be Cast in this Suit he Shall
pay and Satisfy the Condemnation of the Court or render his
Body to Prison in Execution for the Same or that the said
Thomas Hambleton will do it for him. Whereupon the Deft
prays and hath leave to imparl untill next Court and then to
plead.

Moses Davison Stands charged with Hog stealing. Ordered
that the said Moses Davison be bound over to Next Grand Jury
Court with one Security in the Sum of £25 each.

Whereupon the said Moses Davison and William Colvin his
Surety Came into Court and Entered Bail as aforesaid.

Sarah Reed, Joseph Becket and Edward Cook, Executors of
the last will and Testament of Jonathan Reed deceased with
Joseph Beeler Christopher Beeler and Paul Froman, their se-
curities came into Court and entered into Bond for the true per-
formance of the said Executorship. Whereupon the said Sarah
Reed Joseph Becket and Edward Cook took the Oath of Execu-
trix and Executors of the last will and Testament of said Jona-
than Reed Decd.

Ordered that Benjaman Davis Samuel Burns John Wright
and Dorsey Pentecost or any two or more of them, being first
sworn to appraise the Estate of Jonathan Reed deceased and
make Return to Next Court. F

Joseph Allen being Charged with a Breach of an act of As-
sembly of this Common Wealth intitled an act for the Punish-
ment of Certain Offences being Calld Came into Court and
pleads Not Guilty—Then came a Jury, to wit: James Swolevan,
James Wall, Charles Bruce, James Campbell, William Marshall,
Andrew Heth, John Crow, Joseph Becket, Zadock Wright,
Joseph Beeler, Edward Cook and John Douglass, and saith
that the said Joseph Allen is Not Guilty.

(35)

(36)

MINUTES OF COURT OF YOHOGANIA COUNTY. 105

Eliezer Brown being Charged with a Breach of an Act of
Assembly of this Common Wealth intitled an act for the punish-
ment of certain Offences—being Called comes before the Court
and pleads, Not Guilty. Whereupon came a Jury, to wit:
James Swolevan, James Wall, Charles Bruce, James Campbell,
William Marshall, Andrew Heath, John Crow, Joseph Becket,
Zadock Wright, Joseph Beeler, Edward Cook and John Doug-
lass, who upon their Oaths say that the said Eliezer Brown is
Not Guilty,

Thomas Estill, being charged with a Breach of the Act of
Assembly of this Commonwealth, intitled an act for the punish-
ment of Certain Offences, who being Called upon Comes into
Court and pleads Not Guilty ; Whereupon, a Jury being Sworn,
to wit: James Swolevan, James Wall, Charles Bruce, James
Campbell, William Marshall, Andrew Heath, John Crow,
Joseph Becket, Zadock Wright, Joseph Beeler, Edward Cook,
and John Douglass, do say they find for the Commonwealth
Twenty Pounds Current Money.

Philip Tabor, Charged with being guilty of a Breach of an
Act of Assembly of this Common Wealth intitled an act for the
punishment of Certain Offences, being called comes into Court
and pleads Not Guilty. Whereupon Come a Jury to wit, James
Swolevan, James Wall, Charles Bruce, James Campbell, Wil-
liam Marshall, Andrew Heth, John Crow, Joseph Becket,
Zadock Wright, Joseph Beeler, Edward Cook & John Douglass,
who upon their Oaths do say the Said Philip Tabor is Not
Guilty.

Upon the Petition of Adam Wickerham setting forth that he
is desirous of Building a Water Mill on Mingo Creek about
three quarters of a Mile from the mouth and that he owns all
the Lands that will be effected or overflowed by the building
of the said Mill. It is therefore Considered by the Court that
the Said Adam Wickerham have leave to build and compleat a
mill at the place aforesaid.

Upon the Petition of Paul Froman setting forth that he is
desirous of building a Water Mill on Mingo Creek at the mouth
thereof and praying an Order to view and Condemn one acre
of Land on the opposite side of the Creek to said Froman’s
Land for that purpose.

106

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that the Sheriff be Commanded to Summon twelve
good and lawful freeholders of the vicinage to meet on the
premises aforesaid and being first sworn shall diligently view
and examine the said Lands which may be affected or laid
under water by the Building Said Mill with the Timber and
other Conveniences thereof, and that they report the same to
next Court under their hands and Seals with the true value of
the one acre of Land Petitioned for and of the damage done to
the party holding the Same.

Ordered that John Campbell, Gent., be requested to furnish
the wife of Lemuel Davis, a poor Soldier now in the Continental
service from this State, for the Support of herself and three
Children, the Sum of four pounds per Month, to Commence
from the said Lemuel Davis’s March from this County.

Ordered that the provision made for the Children of Edward
McCawley, by a former Order of this Court, Shall commence
from the time of his March from this Country, and that the
funeral Charges of one of the said Children since dead be paid
by the said Mr. Campbell, and that this Court do draw on the
Treasury of this Commonwealth for the payment of the Same.

A letter from General Hand addressed to Col. Campbell
questing that Capt. Alexander McKee’s Parole given to the
Committee of West Augusta be given up to him, the said General
Hand, in order to enable him to put Capt. McKee on a New
Parole, as he finds it necessary to remove said Alexander
McKee. Ordered that the said Parole be given up to General
Hand and that he deposit a Copy of the New Parole to be taken
from the said Capt. McKee in Lieu thereof, Certified by the
said General Hand.

Ordered that a Dedimus be issued to take the Evidence in
behalf of the Common Wealth, against John Beall, as well on
behalf of said John Beall as on the Common Wealth.

Sarah Norris
Attachment
Charles Norris
These parties came into Court and request that this Action
may be referred to Michael Rawlins, Thomas Keith and Andrew
Swearingen Gent. It is therefore accordingly ordered by the

MINUTES OF CoURT OF YOHOGANIA COUNTY. 107

Court that the said Suit be referred to the said Michael Raw-
lins, Thos Keith and Andrew Swearingen or any two of them,
they being first sworn diligently examine the Case and make
return in writing to next Court, of their Judgment which Shall
be considered the Judgment of the Court.

Ordered that the Court be adjourned to 7 oClock tomorrow

morning.
JOHN CAMPBELL.
(38) The Court met according to Court in Course at the house of

Mr. Andrew Heath Octo 27th 1777.

Present: John Campbell, Isaac Cox, Joshua Wright, Richard
Yeates, Gentlemen Justices.

Ordered that the Court be adjourned to the new Court

House.’
JoHN CAMPBELL.

The Court met at the Court House pursuant to adjournment.

Present: John Campbell, Isaac Cox, Richard Yeates, Joshua
Wright, Benj Kerkendal, Andrew Swearingen, Samuel Newell,
Gent. Justices.

A Bargain and Sale from Michael Kintner and Catherine his
wife to Daniel Dozier for 200 acres of Land, acknowledged by
said Michael Kintner and Catherine his wife and ordered to be
recorded.

Jacob Feagley
V

Hugh Brawdy ‘This day came the Plaintif, and James
Wright personally appeared in Court and undertook for the
said Defendant that in Case he shall be Cast in this Suit, he
shall pay and Satisfy the Condemnation of the Court or render
his Body to Prison in execution for the same or that he the
said James Wright will do it for him, whereupon the said
Defendant prays and hath leave to imparl untill next Court and
then to plead.

(39) Peter Resner
“
Daviss Ruth This day came the Plaintiff, & David Leffergy
personally appeared in Court and under took for the said De-

'\Ordered on August 26th, to be built in one month,

108

(40)

ANNALS OF THE CARNEGIE MUSEUM.

fendant that in Case he shall be Cast in this Suit he shall Sat-
isfy the condemnation of the Court or render his body to
prison in Execution for the same, or he the said David Leffurgy
will do it for him, whereupon the Said Defendant pleads and
hath leave to imparl untill next Court and then to plead.

Ordered, that Jno Campbell, Gent., be requested to furnish
the Wife of Richard Jaines, a poor Soldier in the Continental
Service from this State, with the sum of four pounds per month,
for the Support of herself and three Children, and this Court
do draw on the Treasurer of this Common Wealth for the pay-
ment of the Same.—The same to commence one month prior
to this date.

John Campbell, gent. absent.

Ordered that Mrs. Knox, the wife of ———— Knox, a poor
Soldier in the Continental Service from this State, be allowed
the Sum of three pounds per month, for the Support of her-
self and three Children, to commence from the date hereof,
and that this Court do draw on the Treasurer of this Com-
mon Wealth for the payment of the Same.

Ordered that Mary Douthard, the wife of Thomas Douthard,
a poor Soldier from this State in the service of the United
States, be allowed four pounds per month, for the Support of
herself and Six Children, to commence one Month prior to
this date, and that this Court draw on the Treasurer of this
Commonwealth for the Same.

Ordered, that the wife of Abram Ritchey, a poor Soldier in
the Continental Service from this State, be allowed three pounds
per month for her Support and three Children, and that the
Court do draw on the Treasurer of this Commonwealth for the
payment of the same

Ordered that the sum of Two pounds per month be allowed
the wife of William Ritchie, a poor Soldier now in the Conti-
nental Service from this State for the Support of herself and
two Children, and that this Court draw on the Treasurer of
this Commonwealth for the payment thereof.

A Deed of Partition, John Connolly to John Campbell Gent
bearing date the Sixth day of February, one Thousand seven
hundred and seventy-six, proved by the Oath of Thomas Flinn
one of the Subscribing Witnesses and that he saw Joseph West-

(41)

MINUTES OF CouRT OF YOHOGANIA COUNTY. LO9

more, Charles Matheson, and James Millegan Sign their names
thereto as Witnesses.

Ordered that the Court be adjourned to tomorrow morning
at eight O’Clock.

Isaac Cox.

The Court met according to adjournment.

President : John Campbell, Richard Yeates, Andrew Swer-
ingen, Samuel Newell, Gentlemen Justices.

Ordered, that the Inhabitants of this County have leave to
Inoculate for the Small Pox, at their own houses or such other
convenient Places as they may think proper.

Zelphia McClean
7

Thomas Palmer ‘This day came the Plaintiff, and John
Palmer personally appeared in Court and undertook for the De-
fendant that in Case he shall be Cast in this Suit he shall Satisfy
the Condemnation of the Court or render his body to prison in
execution for the Same or that he the said John Palmer will do
it for him. Whereupon the said Deft prays and hath leave to
imparl untill next Court and then to plead.

On the Petition of Sarah Sample setting forth that Ann Mc-
Clean hath detained a Servant Girl, Ann Brook, to the great
Damage of the said Petitioner. Ordered that a Subpona do
issue to summon the said Ann to the next Court.

Alexander Bowlin
Vv In Case

William Poston Upon the testimony of Isaac Leet and the
Debt being under fifty dollars and the said Defendant being in
the Continental Service, Ordered that this Suit be dismissed
at Plff’s Cost.

Benjn Kerkendal and Isaac Cox Gent Present. John Camp-
bell, Gent. absent.
BASS ommmonwealth Recognizance on Assault on Mary Mc-

Vv < terenk
Callister.

David Duncan
On hearing the Evidence, Ordered that the said David Dun-
can be bound over to answer the said Complaint of Elizabeth

110

(4

o

ANNALS OF THE CARNEGIE MUSEUM.

McCallister in behalf of the Commonwealth exhibited against
him, whereupon the said David with Zadock Wright his Se-
curity came into Court and acknowledged to be indebted to
Patrick Henry Esq Gov &c for the use of the State to be levied
&c the sum of £25 each conditioned for the personal appear-
ance of the said David at the next Grand Jury Court to be
held for this County &c

Joshua Wright, John Campbell Gent. Present.

On the Recognizance of James Fleming and John Gibson
(packhorse man) the parties not appearing being Solemny
called Ordered the same to be put in Suit.

Isaac Leet, Deputy Sheriff, in behalf of the high Sheriff of
the County, entered his protest against the Goal of this County,
he conceiving the same not sufficient to confine Prisoners.

Ordered that the Sheriff pay Colo Isaac Cox the sum of
Thirty pounds to be applied towards the pay for building the
Court house and Goal, and Andrew Heth pay five pounds now
retained in his hands for Samuel Ewalts, fine for keeping a dis-
orderly house to the said Sheriff.

Ordered that Ann Brook a Servant to Sarah Sample.be and
remain with her mother Ann McClain untill next Court.

Ordered that the Court be adjourned to tomorrow morning
at 8 O’Clock.

JOHN CAMPBELL.

The Court met in pursuant to adjournment Oct 29th 1777.

Present: John Campbell, Isaac Cox, Samuel Newell, Rich-
are Yeates, Andw Swearigen, Gentlemen Justices.

Ordered that the Sheriff do Summon a Grand Jury to attend
next Court.

Zacheriah Connell, Gent. Then“eame the: Pil; and

Nathaniel Brown Richard Yeates Gent person-
ally appeared in Court and undertook for the said Defendant
that in Case he shall be Cast in this Suit He shall pay and
satisfy the Condemnation of the Court or render his Body to
Prison in Execution for the Same or the said Richard Yeates
will do it for him. Whereupon the said Defendant prays and
hath leave to imparl till next Court and then to plead &c

(44)

(45)

MINUTES OF COURT OF YOHOGANIA COUNTY. 1a

The Commonwealth : :
The Prosecution not appearing
: Ordered to be dismissed.
Jacob Judy
Upon the Petition of David Day against Jacob Hendricks on
Request of the Parties Ordered that this Suit and all other Suits
now depending in this Court between the said Parties be referred
to John Smith, William Campbell and William Vance, they
being first sworn and make return to next Court.

The Commonwealth In Breach of the peace.
<
David Stone & Jas Davis James Fleming Prosr

Then came the parties and upon hearing their Allegations,
Ordered to be dismissed at the Plff’s Cost.

The Commonwealth In Assault & Battery
Vv .
John Bradley David Irwin Pros.

Ordered that the Prosecutor David Irwin and the Deft John
Bradley give Security for their good behavior towards all the
good Subjects of this Commonwealth till the next Grand Jury
Court. Whereupon the said David Irwin with David Stone his
Security and John Bradley with James Scott his Security ac-
knowledged to owe to Patrick Henry Esq Gov & the sum of
£20 each to be levied &c conditioned as per the order of the
Court and that they dot depart the Court without leave &c

Alexander Bowling
Vv Then came the PIff, and James Scott

Francis Morrison personally appeared in Court and un-
dertook for said Defendant that if he Shall be Cast in this Suit
he shall pay the Condemnation of the Court or render his body
to Prison in execution for the same, or he, the said James Scott
will do it for him, whereupon the said Deft. prays and has
leave to imparl untill next Court and then to plead, Xc.

The Last will & Testament of Joseph Kirkwood deceased was
proved by the Oaths of Nicholas Little and Geo Gillespie two
of the Subscribing Witnesses and ordered to be recordered.

James Allison and Margaret Kirkwood came into Court and
took the Oath of Executor and Executrix of the Estate of

(46)

ANNALS OF THE CARNEGIE MUSEUM.

Joseph Kirkwood, deceased, whereupon the said James Allison
and Margaret Kirkwood with George Gillespie and John Mc-
Dowell, their Sureties come into Court and enter into Bond for
the due performance of their said trust.

Ordered that Nicholas Little, Patrick McCollock and Patrick
Scott or any two of them, being first sworn do apprais the Es-
tate of Joseph Kirkwood deceased, and make return to next
Court.

John Campbell, Gent. Absent.

John Ramage with William Ramage his Security come into
Court and acknowledged to be indebted “4500 conditioned for
the appearance of the said John Ramage at a Court to be held
the 5th day of November next for the Examination of the said
John Ramage.

Ordered that the Treasurer of this Commonwealth pay to
Colo John Campbell, the sum of ninety eight pounds current
money to reimburse him, the said Colo Campbell, for money
already furnished the wives and Children of poor Soldiers from
this County, now in the Continental Service & for the farther
Support for three months next ensuing, and that the Clerk
draw on the treasury in favor of said Campbell, for the afore-
said sum of £98 o o Current money.

William Mc Machen
Vv In Case
John Greathouse Then came the parties and at the
request of the Plff Ordered that this Suit be dismissed.
John Campbell Gent. Prest.

Bazil Brown
Vv

Robert Hamilton Then came the Plff, and Thomas Ham-
ilton personally appeared Court and undertook for Sd Deft,
that in Case he should be Cast in this Action, he Shod pay and
Satisfy the Condemnation of the Court or render his Body to
prison in Execution for the same or he the said ‘Thomas Ham-
ilton will do it for him, Whereupon the said Defendant prays
and has leave to imparl untill next Court and then to plead.

Ordered that this Court be adjourned to tomorrow morning
at 8 oClock. JOHN CAMPBELL.

(47)

MINUTES OF COURT OF YOHOGANIA COUNTY. 11s

October 30th 1777 The Court met Pursuant to Adjournment.

Present: John Campbell, Isaac Cox, Andw Sweringen,
Richd Yeates, Gentlemen Justices.

Ordered that the Clerk issue a Summons for Christian
Brooks, Daniel Rysher and Michael Rysher to appear before
the next Court to be held for this County to give Testimony
against Conrad Winmiller in behalf of the Common Wealth.

Joshah Wright Gent. Present.

Ordered, that Isaac Cox, Oliver Miller and Benjamin Key-
kendal, Gent, or any two of them, be appointed to contract
with a proper person or persons to build a sufficient Stone
Chimney in the Court house and Goal, to be carried up in the
middle of the Building, with three fire places, one in each room
of the Goal, and one in the part where the Court is held ; and
to have the Court Rooms chunked and plastered ; also a good
loft of Clap boards, with a window in each Glebe, and four
pains of Glass of ten Inches by eight, and the Goal rooms to be
plastered.

Thomas Rankins v Jeremiah Stransbury, Case, Agreed.

David Day v. Jacob Hendricks. Ass & Bat. refer’d

John Lydia v Joseph Cox — Slander — Plu. Cap.

Abraham Dale v. Richard Elson — Trespass. — Agreed

Benj Jones v Patrick McDonald. — Ass & Bat. — Plu Cap

Balser Shilling v Spencer Collins — Trespass. Plu Cap.

Dorsey Pentecost v Chris McDonald — Case Plu Cap.

Zacheriah Connéll. vy Abraham Vaughan. Debt. Plu Cap.

Hugh Serling v Mordecai Richards — Ass & Bat Plu Cap

David Willson v Henry Boling — Debt — Plu. Cap.

John Spivy v Samuel Beeler. ‘Trespass Plu. Cap.

John Gallahar & wife v Christian Summon. Slander. Al
Cap.

John Smith v Sarah Dye — Debt — Cont’d

Charles Reno v Lewis Clock — Case — Agreed?

Robert McKeey v Moses Davison Case Cont’d

View of the Jury upon the Petition of Paul Froman returned
by the Sheriff and ordered to be recorded
Ordered that the Court be adjourned to the Court in Course.
JOHN CAMPBELL.

5 —,
Ai->
‘ f
P
j
Sp -
ee Y

(48)

(49)

ANNALS OF THE CARNEGIE MUSEUM.

At a Court continued and held for Yohogania county — De-
cémber 22,1777

Present: Isaac Cox, John McDowell, Richard Yeates, Olli-
ver Miller, Gentlemen Justices.

Inventory of Jonathan Reed deceased returned by the ap-
praisers and ordered to be recorded —

An Attachment, being obtained by Daniel Syaeare against
Benjamin Newgent, the Constable (John Johnston) having re-
turned that he had executed the said attachment, on one
horse, nine head of hogs, and a quantity of Rie in the Sheaf,
and the said Benjn Newgent being Solemnly Called and not
appearing to replevy the said attached Effects.— The said Dan-
iel Swigart produced an account against the said Benjamin for
£24 5 9 Pennsylvania Currency which he proved according to
law. It is ordered by the Court that the said Daniel Swigart
Plff. recover against the said Benjamin Defendant for Nineteen
pounds eight Shillings and Seven pence farthing Current
Money of the value of £24 5 9 Pennsylvania Currency Ordered
that the Sheriff make sale of the aforesaid Attached Effects and
Satisfy the Said Daniel Plff the Judgment and make return
thereof.

John Crow took the Oath of Capt of Militia.

Maybury Evans produced a Commission from his Excy the
Governor appointing him Lieut of the Militia of this County
which being read the said Mayburry came into Court and took
the oath of Lieut of Militia. °

Ben Keykendal, Gent, Absent.

Patrick Lafferty came into Court and took the Oath of En-
sign of the Militia.

Daniel Williams came into Court and enters himself Defend-
ant in the stead of Casual Ejector in an Ejectment at the Suit
of Isaac Vance and Enters &c

Isaac Cox, Gent Absent.

Isaac Cox Gent, having obtained an attachment against the
Estate of Richard Richardson for two pounds two Shillings and
eight pence, and the Sheriff returns that he has levied the said
attachment on a trowel & hammer, and the said Richard Rich-
ardson being solemnly called and failing to appear and the
said Isaac Plaintiff proved the said account, it is considered by

(50)

MINUTES OF CouURT OF YOHOGANIA COUNTY. ie hf}

the Court that the said Isaac Plaintiff recover against the said
Richard Defendant the said sum of two pounds two Shillings
and eight pence. Ordered that the Sheriff make sale of the
aforesaid attached effects to Satisfy the said Judgment and make
return thereof.

Ordered on Motion of John Crow, his mark a Crop in the
Left Ear and a Swallow fork in the right, be recorded.

Ordered that the Ear mark of Jacob Shillings a half Crop in
the left Ear and a Crop and a half Crop in the right Ear be
recorded.

Ordered that the mark of Richard Yeates a Crop and under
keel in the left ear and two slits in the right year be re-
corded.

Ordered that the Ear mark of Olliver Miller, Gent a hole in
the left year and two Slits in the right ear be recorded.

Ordered that the Court be adjourned to tomorrow morning

at g oClock.
Isaac Cox.

_ Dec 23d 1777. The Court met according to adjournment.
Present: John McDowell, Isaac Cox, Richd Yeates, Oliver
Miller, Gentlemen Justices.

The mark of Mayberry Evans a Swallow fork in the right
ear and a Slit in the left. on motion of said Mayberry Ordered
to be recorded.

The mark of Richard Evans, a Swallow fork in the right ear
and a Crop in the left ordered to be recorded.

The Ear Mark of William Anderson two under half Crops
on motion ordered to be recorded.

The Mark of Michael Teggert a crop and three Slitts in the
left Ear, on motion of said Michael ordered to be recorded.

Bill of Sale Alexander Young to Joseph Wherry for 300
Acres of Land acknowledged by said Young party thereto or-
dered to be recorded.

On the Complaint of James Murphy and wife that a certain
Jacob Jones hath for some time past forcibly detained George
Alervine, the son of the wife of the said James Murphy to the
great damage of the said James and Wife and against the peace
and dignity of the Common Wealth. Ordered that the Said

116

(51)

—
ol

i)

ANNALS OF ‘THE CARNEGIE MUSEUM.

Jacob Jones forthwith deliver the said George Alervine to the
said James Murphy and wife.

Charles Morris
Vv In Debt
‘Thomas Rouse On Motion of Plff Ordered that this Suit be

‘dismissed.

On the Petition of Andrew Heath &c, Ordered, that Robert
Henderson, Zadock Wright, John Robertson, John Crow,
Thomas Applegate and Andrew Dye, view a road, the nearest
and best way from Pittsburg to Andrew Heaths ferry on the
Monongahela River, and from thence to Becket’s fort.

Upon the motion of Andrew Heath, ordered that he have
leave to keep a ferry at his house across the Mongahala River.

Benn Kekendal Wilm Goe, Gent present.

On the Information of Oliver Miller Gent. that William
Dunaghgan did on this day swear two prophane Oaths Ordered,
that the said William William Dunaghgan be fined ros for the
same.

Oliver Miller Gentleman returns five Shillings received from
Martin Owens for Swearing. Ordered that the Sheriff receive
the same.

Isaac Leet returns that he hath received five Shillings from
James Johnston for prophane swearing. Ordered that the Said
Isaac Leet, Sheriff retain the same in his hands.

Thomas Dickenson came into Court and enters himself
Defendant in an Action of Ejectment at the Suit of James
Roberts.

Inventory of the Estate of Garret Newgill deceased returned
by the appraisers & ordered to be recorded.

Bargain and Sale. Paul Froman to Dorsey Pentecost for
fourteen hundred acres of Land in this County was proved by
the Oaths of James Allison, Isaac Leet, John Crow & John
McDowell Gent. also the receipt thereunto annexed was proved
by the oaths of the said John McDowell and John Crow, the
Subscribing Witnesses to the Said Bargain & Sale & Receipt as
aforesaid & ordered to be recorded

Bill of Sale. Isaac Cox to James Allison for one one thou-
sand acres of Land in the County of Kentucke, acknowledged

MINUTES OF CouURT OF YOHOGANIA COUNTY. aly

by the said Isaac Cox party thereto and ordered to be re-
corded.

David McClure Then came David McClure The Plain-
Vv tiff, and John Crow personally appeared

Patrick McElroy in Court and undertook for the said
Defendant that in Case he shall be Cast in this Action he shall
pay and Satisfy the Condemnation of the Court or render his
Body to prison in execution for the same or he the said John
Crow will do it for him. Whereupon the Defendant prays and
has leave to imparl untill next Court and then to plead.

Upon the motion of Oliver Miller Gent on behalf of Cathe-
rine Dabler a servant to William Anderson that a certain Peter
Brandon of the town of Pittsburgh now unjustly detains an
Infant Girl born of the Body of the said Catherine. Ordered
that the said Peter Brandon deliver the said Infant to the said
William Anderson, it is also ordered to bring the said Infant
before the next Court and that a Summons do issue to Cause
the said Peter Brandon then to attend to Shew Cause wherefore
he detains said Infant.

Ordered, that the Sheriff collect from every Tythable person
within this County, the sum of three Shillings as County Levies,
and that he account with the Treasury of the Common Wealth
for the same.

(53) Ordered that the Sheriff pay John Campbell Gent out of the
County Collection, the sum of Eleven Shillings and one penny
for holding an Inquisition on the body of John Kelso.

Ordered that the Sheriff of this County pay John Bradley out
of the County Collection the sum of four Shillings and two
pence, for summoning an Inquisition on the body of John
Kelso.

Ordered, that the Sheriff pay out of the County Collection to
Richard Yeates, the sum of six pounds for laying two floors in
a Goal formerly built for this district.’

Ordered that the Sheriff pay out of the County Collection to
Dorsey Pentecost the sum of Sixty four Pounds ten Shillings
and Six pence for Record Books, County Seal, and other papers
for the Clerk’s office of this County.

1 Doubtless this ‘‘Goal formerly built for this district, ’’ was the jail on the late

Wm. Gabby farm, at Augusta Town, about half a mile west of Washington.

(54)

ANNALS OF THE CARNEGIE MusEUM. F
Zadock Wright produced a commission from his Excellency
appointing him Captain of the Militia which being read, the
said Zadock Wright came into Court and took the Oath of Capt
of the Militia.
The Ordinary Keepers within this County are allowed to sell
at the following rates

one half pint wiskey......... One Shilling

Thesame into Tody. .ic.c0.. One Shilling Six pence
A larger or lesser Quantity in the same proportion.
Beenpen Quart... ...cc7. One Shilling

For a hot Breakfast......... One Shilling & Six pence
Bora Cold W0.<. css: One Shilling

For a Dinner......... Two Shillings

Lodging with Clean Sheets pr Night.........Six pence
Stablidge for one horse 24 hours

with good hay or fodder......... Two Shillings
Pasturage for Do......... dO Sess One Shilling

Oats or Corn per Quart......... Three pence
SUPPET.....0..... One Shilling & Six pence

Ordered that the above rates commence the fifteenth day of
January next and not before.

Ordered that this Court be adjourned to tomorrow morning
at 7 oClock WILLIAM GOE

The Court met according to Adjournment December 24th
1777-

Present: Isaac Cox, John McDowell, Richard Yeates, Ben-
jamin Keykendal, Gent. Justices.

Ordered that the Clerk set up a Copy of the Rates of Sale
for ordinary Keepers within the County at different public
places so as to make it as public as possible.

William Goe and Oliver Miller Gent present

Attachment being obtained by John Campbell and Joseph
Simon against the Estate of George Croghan for eight hundred
and eighty eight pounds Pennsylvania Currency and the Sheriff
of this County having returned that he had levied the said
attachment in the hands of William Christy, Frederick Ferry,
Geo Litenberger, Colo Archibald Steel, & David Duncan, and
attached All the Effects in the hands of the said Garnishees,

(55)

(56)

MINUTES OF COURT OF YOHOGANIA COUNTY. 119

and the said George Croghan being Solemnly Called and _ fail-
ing to appear to replevy what effects they have in their hands,
the said George Croghan and Robert Campbell factor for the
said John Campbell, and Joseph Simon Came into Court and
produced an account against the said George Croghan for
eight hundred and eighty-eight pounds, due upon Bonds for
the payment of four hundred and forty four Pounds Pennsyl-
vania Currency which was proved by the said Robert Camp-
bell. It is considered by the Court that the said John Camp-
bell and Joseph Simon do recover Judgement against said
George Defendant for the sum of four hundred and forty four
Pounds Pennsylvania Currency of the Value of three hundred
and fifty five pounds and four Shillings Virginia Money, with
Interest from the 18th day of May 1775 untill paid and his
Cost about this Suit in that behalf expended.

Ordered that the said William Christy, Frederick Farrey,
George Littenberger, Archibald Steel and David Duncan be
summoned to attend the next Court, to shew what effects they
have in their hands the property of said George Croghan and
that the Sheriff make Sale for an towards Satisfaction of this
Judgement and make Return thereof.

Mortgage from John Bowley to John Campbell Esqr bearing
date the 14th day of November 1777 for a certain Quantity of
Land &c on Shirteer’s Creek was proved by the oath of Rob-
ert Campbell and Andrew Heath, two of the Subscribing Wit-
nesses and ordered to be recorded.

Ordered, that the recommendation for Militia Officers of the
5th & 6th November last, by the Justices of this County, be
confirmed as the Opinion of this Court, and they do hereby
Confirm the proceedings of the said Justices respecting the
Same, as the distressed Situation of this County demanded the
particular attention of the said Justices at that time.

Ordered, that Gabriel Cox be recommended to his Excel-
lency the Governor as a proper person to serve as Major of
this County in the stead of Henry Taylor who has resigned his
Commission.

Ordered that the Sheriff William Harrison retain in his
hands the sum of Seventeen pounds Seven Shillings part of the
County Collection for Conveying John Millegan a Criminal
to the Public Goal and other contingencies.

120

(57)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that the Sheriff Collect from Joseph Ross the sum
of ‘Twenty Shillings which was adjudged his fine for swearing
last April term.

Ordered that the Sheriff deliver Colo Isaac Cox the sum of
Eighteen pounds to pay Paul Mathews due him as a Ballance
for building the Court house and Goal.

Upon the motion of William Harrison, Gent, ordered that
the Clerk issue a Summons to Call John Stephenson, Thomas
Gist, Joseph Beeler and Edmund Rice before the Court, to
testify and the truth say what they know respecting the mar-
riage of Catherine Harrison with Isaac Mason, on the part of
the said Catherine.’

Masterson Clark obtained Judgment against Joshua Baker for
Thirty one pounds Pennsylvania Currency. John James Wood
Constable returns he has attached a Black horse and one Cow,
and the Sd Joshua failing to appear to replevy the said attached
Effects the PIff produced a Note of hand against the said Joshua
Defendant for Thirty one pounds Pennsa Currency with Credit
on the Back for three pounds two Shillings and six pence like
Currency. It is Considered by the Court that the said’ Master-
son PIff recover against the said Joshua Deft the sum of Twenty
two pounds Six Shillings Current Money and _ his Costs about
this Suit expended. Ordered that the Sheriff make Sale of the
Attached Effects or as much thereof as will be of value Suffi-
cient to Satisfy this Judgment and make return to next Court.

John Campbell and Joseph Simon obtained an Attachment
against the Estate of Andrew Scott for four pounds Pennsyl-
vania Currency, who is said to be so absconded that the Ordi-
nary process of Law cannot be Served and the Sheriff having
returned that he had levied the said attachment in the hands
of Mathew Ritchey and the said Scott failing to appear and
replevy though solemnly called and the said Campbell and
Simon produced a proved account for the aforesaid four pounds
Pennsa Currency, Ordered that the Sheriff make Sale of so
much of the Estate of the said Andrew Scott, now in the hands
of the said Garnishee as will be sufficient to Satisfy the said
Plff for this Judgment of three pounds four Shillings and his
Cost in this behalf expended.

1 See the record of this matter made April 28, 1778, post.

(58)

MINUTES OF COURT OF YOHOGANIA COUNTY. 121

David Ritchey and James Wright produced Commissions
from his Excellency the Governor appointing them Captains
of the Militia which being read as usual, the said David Ritchie
and James Wright came into Court and took the Oaths of Cap-
tains of Militia.

John Lydea v Joseph Cox Case, PI C.

Benjamin Jones v Patrick McDaniel Assault, P. C.

Paulser Shillings v Spencer Collens Trespass, P. C.

Dorsey Pentecost v Christopher McDonald Case, P. C.

Zachariah Connell v Abraham Vaughan Debt, P. C.

David Wilson vy Henry Bowling Case, P. C.

John Spivy v Samuel Beeler Case, P. C.

Jno Gallaher & uxr v Christian Summet Slander, P. C.

John Smith v Sarah Dye Debt, Cont’d

Wm Harrison Special Bail.

Joseph Lindsey v Geo Long Debt, Al Cap

Thomas Gist v Henry Boyles Case. A. C.

— Same — v Richard Waller. Case, A. C.

Same v John Hall, Slander, A. C.

Hugh Brady v Jacob Feagley Case, Al Cap.

Richd Swipicks v Jacob Jones, Case, A. C.

Paul Froman v Robert McCrowry Debt, A: C:

Francis Morrison v Daniel Swigart, Debt A: C:

Henry Martin v Sam Patterson & D. Rennels, Debt, A: C:

John Lawrence v Thos Rogers Case, A: C:

Charles Norris v Thomas Rouse Case, dismissed

George Sekley v John Ramage, Case, A: C:

Susannah Sekley v Robert McKinley Case. A: C:

Eli Williams v Philip Taylor Case, A: C:

Thos Freeman, Gent, v Jno James & Saml Lynch, Case,
eS:

Jacob Bausema v James Bradley Case, A: C

Elizabeth Burriss vy Naomi Tampman Case, A: C:

Mary Burriss v Jno Johnson, M. Humble & Al, Case.
Jil OF

James Johnston v Godfrey Waggoner — Case, A: C:

Ordered that the Sheriff detain the Sum of six pounds out
of the County Collection for his Public Services as by Law
allowed.

(60)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that the Sheriff pay the Clerk of the Court the Sum
of Six pounds for his Public Service as by Law allowed.
Ordered that the Court be adjourned till the Court in Course.
Isaac Cox.

At a Court continued and held for Yohogania County March
230 2778.

Present: Isaac Cox, Joshua Wright Thomas Freeman,
Benjamin Fry, Gentlemen Justices.

Ordered that Mary Mills be appointed Administratrix of
John Mills deceased, she complying with the Law. Where-
upon the said Mary Mills came into Court and took the Oath
of Administratrix of the Estate of John Mills deceased.

Mary Mills with Joshua Wright and James McMahon came
into Court and entered into Bond for her performance as Ad-
ministratrix of the Estate of John Mills deceased.

Zacheriah Connell and Joshua Wright Gent Present.

Ordered that James Wright, John Wall and John Cox or
any two of them being first sworn do appraise the estate of
John Mills deceased and make return to this Court.

Ordered that Joseph Tomlinson be appointed administrator
of the Estate of Saml Tomlinson deceased he complying with
the Law. Whereupon the said Joseph Tomlinson, came into
Court and took the Oath of Administrator of the Goods, Chat-
tles and Credits of the deceased and Entered into Bond with
John Wall and William Bruce his Securities.

Ordered that Isaac Williams, George Corn, and Robert Jack-
man or any two of them being first sworn do appraise such of
the Estate of Saml ‘Tomlinson deceased as may be found in this
County, and that John Mitchell, David Shepeard, James Garri-
son and Yeates Conwell, or any three of them, they being first
sworn do appraise such of the said Estate as may be found in
Ohio County and make Return to next Court.

Joseph Wherry
Vv Then Came the Plaintiff and James Pat-
John White terson personally appeared in Court and
undertook for the Defendant that in Case he Shall be Cast in
this Suit he Shall pay and Satisfy the Condemnation of the

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MINUTES OF COURT OF YOHOGANIA COUNTY. 123

Court or render himself to prison in Execution for the same or
he the said James Patterson will do it for him. Whereupon
the said Defendant prays and has leave to imparl untill next
Court and then to plead, &c

The last Will and Testament of John Vance deceased was
proved by the Oaths of William Crawford and Samuel Hicks
two of the Subscribing Witnesses and ordered to be recorded.
Whereupon Margaret Vance and Edward Doyle came into
Court and took the oath of Executor and Executrix of the
Estate of the Said John deceased, and Entered into Bond
accordingly.

Ordered that Edward Rice William McKee, Edmund Lind-
sey and James Blackson or any three of them they being first
sworn do appraise the Estate of John Vance and make return
to next Court.

Oliver Miller and William Crawford Gent Present.

John Stephenson Gent. named in the Commission of the
peace came into Court and took the Oath of Justice of the
peace, aforesaid.

Archibald Hall
Vv Then came the Plaintiff, and Bazil

Thomas Bonfield Brown Personally appeared in Court and
undertook for the Defendant that in Case he shall be cast in this
suit he Shall pay and Satisfy the Condemnation of the Court or
render his body to prison in Execution for the same, or he the
said Bazil Brown would do it for him.

Whereupon the said Defendant prays and has leave to imparl
untill nixt Court, when he is to plead, Wc.

Joseph Cox
Vv Then came the Plaintiff, and Thos Bond-
John Williams field personally appeard in Court and un-
dertook for said Defendant that in Case he was cast in this
suit, he should pay and Satisfy the Condemnation of the Court
or render his Body to Prison in execution for the same, or the
said Thomas Bondfield would do it for him. Whereupon the
Defendant prays and has leave to imparl untill next Court when
he is to plead

124

ANNALS OF THE CARNEGIE MUSEUM.

Joseph Cox
Vv Then came the PIlff, and Francis Hull

Theodore Davis personally appeard in Court and under-
took for said Defendant that in Case he was Cast in this Suit he
should pay and Satisfy the Condemnation of the Court or ren-
der his body to prison in execution for the same, or that he,
the said Francis Hull would do it for him. Whereupon the
said Defendant prays and has leave to imparl untill next Court
when he is to plead.

Sale of the Estate of Garret Newgel deceased returned by the
Administratrix and ordered to be recorded.

Thomas Freeman, Gent, produced a Commission from hiS
Excellency the Governor, appointing him Captain of the Mi-
litia which being read, the said Thomas came into Court and
took the Oath of Captain of the Militia.

Thomas Prather, Levingston Thomas, & Nicholas Christ,
produced Commissions from his Excellency the Governor ap-
pointing them Lieutenants in the Militia of this County, which
being read, the said Thomas Prather, Levingston Thomas, and
Nicholas Christ came into Court and took the Oath of Lieuten-
ants of Militia.

Luke Decker and John Johnson produced Commissions from
his Excellency the Governor appointing them Ensigns in the
Militia, for this County, which being read the said Luke Decker
and John Johnson came into Court and took Oath of Ensigns
of the Militia.

Thomas Cook
Vv Then came the Plaintiff, and John

Levingston Thomas Wall personally appeared and under-
took that in Case the Defendant shall be Cast in this Suit, he
shall satisfy the Condemnation of the Court or render his Body
to the Prison of this County in Execution of the same, or he
the said John Wall will do it for him. Whereupon the said
Defendant prays and has liberty to imparl untill next Court
and then to plead.

John Decamp Gent named in the Commission of the
peace came into Court and took the Oath of Justice of the
peace.

(63)

(64)

MINUTES OF COURT OF YOHOGANIA COUNTY. PAS

Bargain and Sale from Samuel Heth to Patrick McElroy for
300 acres of Land, acknowledged by said Heath and ordered to
be recorded. ,

Upon the Petition of John Rattan, Ordered that Peter Res-
ner, George Berkhimer, Nicholas Christ and David Ritchie,
view a Road, the nearest and the best way from the house of
Edward Cook crossing the Monongahela river at the house of
John Rattan to Zebulon Collins on the Road leading from Per-
kersons to Thos Egertons, they being first sworn and make Re-
turn to next Court.

Richard Yeates and Benj Kirkendal Gent. Present.

Upon the information of Joseph Beeler Gent. that a certain
Samuel Wells and Johanna Farrow doth at this time and hath
for some time past beat wounded and evilly treated Ann the
wife of the aforesaid Samuel. Ordered that the Clerk issue a
Subpona to Call the said Samuel Wells and Johana Farrow
before the next Court to be held for this County to answer to
the above charge and that Joseph Davis and Hannah his wife,
John Crawford and Effee his wife, John Minter, Moses White,
and Edmond Lindsey be subponed as Witnesses.

Ordered that the Court be adjourned to tomorrow morning
at 7 oClock.

W. CRAWFORD.

March 24th 1778, the Court met pursuant to adjournment.

Present : John Campbell, Isaac Cox, Richard Yeates, Joshua
Wright, Wm Crawford, Oliver Miller, Zacheriah Connell, John
Decamp, Benjn Fry, Thos Freeman, Gentlemen Justices.

Lease Charles Norris to William Nation for two hundred
acres of Land acknowledged by said Norris party thereto and
ordered to be recorded.

The last Will and Testament of William Chaplin deceased
was proved by Charles Bilderback and William Nation two of
the subscribing Witnesses and Ordered to be recorded.

Benj Kirkindal present.

Upon the motion of James Wherry in behalf of Joseph
Wherry Plff against John White Deft Ordered that a Dedimus
be issued to take the Examination of Thomas McDowell,
Mathew Wilson, and William Wilson, Inhabitants of Cumber-

126

(65)

ANNALS OF THE CARNEGIE MUSEUM.

land County in the State of Pennsylvania without being directed
to any Particular Majistrates of the Said County.

John Campbell Gentlemen objects to the above Order.

John Stephenson Gent present.

Upon motion of John Jackson, Ordered that his mark, a
Crop and slit in the near Ear and under slit in the right Ear be
recorded.

Upon motion of George Rowler, Ordered that his Mark, two
Swallow forks in the left Ear and two half pennys in the Right
be recorded.

Ordered that Lettice Griffeth be appointed Administratrix of
the .Estate of Edwd Griffeth deceased she complying with the
Law. Whereupon the said Letice came into Court with John
Wall and James Wright her Security and entered into bond and
took the Oath accordingly.

Ordered that Wiliam Rice John Smith Nathaniel Brown and
Henry Daniel do appraise all the Goods, Chattles and Credits
of Edward Griffeth and make return to next Court.

James McGoldreck, being charged with pulling down and
demolishing a Block house erected by Orders of General Hand
for the preservation of the Inhabitants at Pittsburg, and the
said James being brought into Court Confessed the Charge :
Ordered, that the said James be held in One hundred pounds,
with two Securities of fifty pounds each, for the appearance of
the said James before the next Grand Jury Court, otherwise to
remain in Custody by the Sheriff.

John Campbell William Crawford John Decamp Jno Mc-
Dowell, Benjamin Fry and Benjn Kirkindal Gent, Absent

George Vallandingham Gent, Present.

Bill of Sale. Susannah Nugent to Mordecai Richards proved
by the Oaths of Michael Teggart, and Richard Richards, two
of the Subscribing Witnesses and ordered to be recorded.

Richard Yeates Gent objects to this Order.

Bargain and Sale. Thomas Marshall to James Parker for a
certain tract of Land on the waters of Chirteers. Acknowl-
edged by said Marshall party thereto, and ordered to be
recorded.

Bargain and Sale. William Poston to James Ellis for a
Survey proved by the Oath of Benjamin Collins one of the

(66)

aay

MINUTES OF COURT OF YOHOGANIA COUNTY. 2

Subscribing witnesses. Ordered that a Dedimus do issue to
take the Examination of Catherine Collins a Subscribing Wit-
ness to the above Bill of Sale.

Daniel Jacobs came. into Court and took the Oath of Lieu-
tenant of the Militia.

Michael Martain produced a Commission from his Excellency
the Governor appointing him Lieutenant of Militia which being
read as usual the said Michael came into Court and took the
Oath of Lieut of the Militia.

Michael Martain enters himself Defendant in an Action of
Ejectment at the Suit of the Lesse of John Washington, in the
room of the Casual Ejector.

James McGoldreck with Michael Tygert and Robert Hender-
son his Suretys, the said James in the sum of £100 and the
said Sureties in £50 each, for the appearance of the said James
before the next Grand Jury Court.

Bargain and Sale James Roberts to Thomas Dickerson ac-
knowledged by said Roberts and ordered to be recorded.

Enoch Springer and Cornelius Manning being summoned as
Garnishees at the Suit of William Dunnaighan against Ben-
jamin Newgent came into Court and deposed that the said
Springer hath four pounds two shillings Pennsylvania Cur-
rency, and the said Manning five pounds five shillings and
nine Pence, like money and no more of the Estate of the said
3enjamin.

View of a road from the Court house to Pittsburg, returned
by Zadock Wright and Robert Henderson, viewers ; passing
by Zadock Wright’s fields on Peters Creek, thence along the
dividing Ridge passing the Widow Lapsleys, thence along the
Old Road to Stewart’s, thence along the old road to Jacob
Bousman’s ; Ordered to be Confirmed.

Ordered that Zadock Wright be appointed Overseer of the
Road from the Court house to Martha Lapsley’s; Robert
Henderson, Overseer of the Road from Martha Lapsley’s to
Jacob Judy’s; and Sebastian Frederick, Overseer of the Road
from Jacob Judy’s to Jacob Bousman’s; and that the Tythable
Inhabitants within three miles on each side of said Road work
on and keep it in repair together with the Inhabitants of the
town of Pittsburg.

128

(67)

ANNALS OF THE CARNEGIE MUSEUM.

Wilham Brashiers
Vv In Case. Then came the Plff, Robert

Robert Hamilton Hamilton having been Called failed to ap-
pear. Then came a Jury to wit. Gabriel Cox John Hogland,
James Wright, Nicholas Christ, Banjamin Vannatre, Jacob Bause-
man, William Christy, Pearce Noland, Benjamin Collens, Patrick
McElroy, Zadock Wright and David Ritchie, who say they find
for Plff Two hundred pounds damages with Costs of Suit.

Bargain and Sale. Isaac Cox to John McDowell for one
thousand Acres of Land in Kentucke County, acknowledged
by the said Cox and ordered to be recorded.

Wilham Goe Gent. Present.

Bargain and Sale. Isaac Cox to Garrat Vineman for five
hundred acres of Land in Kentucke County, acknowledged by
said Cox and ordered to be recorded.

Bill of Sale. John Campbell to Ignace Labat for a house
and Lot in the town of Pittsburg, acknowledged by said Camp-
bell and ordered to be recorded.

Elizabeth Burris
Vv Then Came the Plaintiff, and John

Nahomy Tapman Lydia Personally appeared in Court and
undertook for the Defendant that in Case he shall be cast in
this Suit she shall Satisfy and pay the Condemnation of the
Court or render her body to prison in Execution for the
same or he the said John Lydia would do it for her. Where-
upon the said Nahomy prays and has leave to imparl untill
next Court and then to plead.

Mary Ferry and Samuel Ewalt are appointed Administrator
and Administratrix of the Estate of Frederick Ferry deceased
they complying with the law. Whereupon the said Samuel
and Mary came into Court and took the Oath and Entered
into Bond accordingly. Ordered that David Duncan, John
Ormsby, and Willm Christy and John Anderson or any
three of them being first sworn appraise the Estate of Frederick
Ferry deceased and make Return to next Court.

John Lydia
Vv Then came the PIff, and and John Douglass
Joseph Cox personally appeared in Court and undertook for

(68)

(69)

MINUTES OF COURT OF YOHOGANIA COUNTY. 129

the Defendant that in Case he should be Cast in this Suit he
should Satisfy & pay the Condemnation of the Court or sur-
render his body to the Prison in Execution for the same or that
he the said John Douglass would do it for him. Whereupon
the said Deft prays and _ has leave to imparl untill Next Court
and then to plead.

James Murphy
Vv Then came the Plff, and John Wall per-

Jacob Jones sonally appeared in Court and undertook
for the Defendant that in Case he Shall be Cast in this Action
he shall Satisfy the Condemnation of the Court or render his
body to prison in Execution for the same or that he the said
John Wall will do it for him. Whereupon the said Defendant
prays and has leave to imparl untill next Court and then to
plead.

John Whitaker, a mirfister of the Gospel, came into Court
and took the Oath of Allegience & fidelity, as directed by an
act of General Assembly, intituled an Act to Oblige the free
male Inhabitants of this State, above a certain Age, to give
Assurance of Allegience to the same and for other purposes.

Bargain and Sale. Thomas Cook & Michael Thomas to
John McMullen for three hundred and thirteen Acres of Land
acknowledged by said Cook and Michael Thomas and ordered
to be recorded.

Bargain and Sale. Thomas Egerton to John McDowell,
proved by the Oath of Isaac Leet, James Bradford and James
Allison and Ordered to be recorded.

The last Will and Testament of James Pearce decd was
proved by the Oath of James Wall, Joseph Warner and Walter
Wall, Subscribing Witnesses thereto and ordered to be recorded

Bazil Brown In Case
i

Robert Hamilton Then Came the Plaintiff and then came
also a Jury, to wit Gabriel Cox John Hogland, James Wright,
Nicholas Christ, Benjamin Vannatre, Jacob Bousman, William
Christy, Pearce Nowland, Patrick McElroy, Zadock Wright,
David Ritchie and John Wall, who being sworn say they find
for the Plff thirty pounds damages with Costs of Suit.

130

(7°)

ANNALS OF THE CARNEGIE MUSEUM.

David Duncan a Garnishee in behalf of John Campbell
against George Croghan, came into Court and says on Oath
that he hath in his hands One hundred and Seventy nine Bush-
ells and three pecks of Corn for which he has agreed to pay
one Dollar per Bushell and no more of the Estate of the said
George in his hands.

William Dunaughagain having obtained an Attachment
against the Estate of Benjamin Nugent for three hundred and
forty seven Pounds ten shillings Pennsylvania Money and the
Sheriff having returned that he had levied the Said Attachment
in the hands of Enoch Springer and Cornelius Manning and
snmmoned them as Garnishees who this day came into Court
and say that they have Nine pounds, fifteen Shillings and nine
pence Pennsylvania Currency in their hands and no more of
the Estate of the said Benjamin in their hands and the said
Benjamin failing to appear and replevy the said Attached Ef-
fects tho Solemnly Called the said William produced a Bond
against the said Benjamin for the aforesaid Sum of three hun-
dred and forty seven pounds ten shillings Current Money of
Pennsylvania. It is considered by the Court that the sd
William recover against the said Benjamin the sum of two hun-
dred and seventy eight pounds Current Money with Interest
from the first day of October 1777 untill paid with Costs.
Ordered that the Sheriff Collect the said money from the said
Garnishees and pay it towards Satisfying this Judgment and
make return of his proceeding to this Court.

Ordered that a Dedimus issue for the Examination of Eleanor
Ackerson witness between John Lydia and Joseph Cox

Ordered that Casper Sickler be allowed two days attendance
as a Witness attending Court in the suit of William Brasheers
v Robert Hamilton.

Ordered that Thomas Talbert be allowed twelve days as a
witness in said Suit.

Ordered that a Dedimus issue for the Examination of John
Crow a Witness in the Suit of Hugh Braudy against Jacob
Feagley

Upon the motion of Thomas Applegate on behalf of Cathe-
rine Dablin now a Servant to the said Thomas that a certain
Peter Brandon of the town of Pittsburg now unjustly detains an

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MINUTES OF COURT OF YOHOGANIA COUNTY. 131

Infant Girl born of the body of the said Catherine. Ordered
that the said Peter Brandon deliver the said Infant Girl to the
said Thomas Appelgate who is ordered to bring the Said Infant
Girl here before the next Court to be held for this County.

Mathew Ritchey Gent Present.

Ordered that a Dedimus issue for the Examination of Casper
Sickley a Witness in Behalf of William Brashiers against Robert
Hamilton.

Upon Motion of Thomas Hamilton in behalf of Robert
Hamilton praying a New ‘Tryal and farther Hearing in the
Suit of William Brashiers against Robert Hamilton. It is the
Opinion of the Court that the Said Suit be reheard

William Brashiers
Vv Then came the Plaintiff, and personally

Robert Hamilton appeared Thomas Hamilton and under
took for the Defendant that in Case he shall be cast in this Suit
he shall Sstisfy and pay the Condemnation of the Court or render
his body to prison in Execution for the same or he the said
Thomas would do it for him, Whereupon the Defendant prays
and has leave to imparl till next Court and then to plead.

Ordered that the Court be adjourned to tomorrow morning
7 oClock.

JOHN CANON.

March 25th 1778 — The Court met Pursuant to adjournment.

Présent: John Campbell, William Crawford, Richard Yeates,
John Decamp, John Stephenson, Joshua Wright, John Mc-
Dowell, Zacheriah Connell, Gentlemen Justices.

Upon the motion of Thomas Hamilton in behalf of Robert
Hamilton praying a new Tryal and farther hearing of the suit
of Bazil Brown it is the Opinion of the Court that the Said Suit
be reheard.

Bazil Brown
Vv Then came the Plaintiff, and Thomas
Robert Hamilton Hamilton personally appeared in Court
and under took for the said Defendant that in Case he shall be
cast in this Suit he shall pay and satisfy the Condemnation of
the Court and Costs of Suit or render his body to prison in

(72

)

ANNALS OF THE CARNEGIE MUSEUM.

Execution for the same or that he the said Thos Hamilton
would do it for him. Whereupon the said Defendant prays
and has leave to imparl untill next Court and then to plead.

Ordered that a Dedimus do issue to take the Examination of
Casper Sickler a witness in behalf of Bazil Brown against Robert
Hamilton.

Present: Isaac Cox, Wm Goe Oliver Miller Mathew Ritchey
Saml Newell Thos Freeman, Benjn Kerkendal, John Cannon,
& George Valandingham, Gent Justices.

Ordered that John Stephenson and Isaac Cox be recom-
mended as proper persons to serve as Colonels of the Militia,
Joseph Beeler and George Valandingham as Lieutenant Colonels
and William Harrison and Gabriel Cox as Majors of Militia.

William Christy came into Court being summoned as Gar-
nishee in behalf of John Campbell and Joseph Simon against
George Croghan ; being sworn, saith that he hath two pair of
Geers, one old ax, one old Spade, one pitch Fork one small
box of Iron and an old Lanthorn, and no more of the Estate of
said George in his hands.

John Stephenson & Isaac Cox produced Commissions from
his Excellency the Governor appointing them Colonels of the
Militia which being read the said John and Isaac came into
Court and took the Oath of Colonels of Militia.

John Campbell, William Crawford Zachy Connell, John
Cannon, John Stephenson, John Decamp, Gent. absent.

Gabriel Cox produced a Commission from his Excellency
the Governor, for appointing him Major of Militia, which
being read the said Gabriel came into Court and swore into
said Commission

George Vallandingham produced a Commission from the
Governor appointing him Lieut. Colonel of the Militia, which
being read the said George Vallandingham came into Court
& Swore to his Commission

Charles Reed came into Court and produced a Commission
from his Excellency the Governor appointing him Lieutenant
of Militia, which being read the said Charles came into Court
and Swore to said Commission.

David Lefergee produced a Commission from his Excellency
the Governor appointing him Ensign of the Militia Whereupon
the said David came into Court and Swore to his Commission.

(74)

MINUTES OF COURT OF YOHOGANIA COUNTY. 133

Edmund Baxter produced a Commission from his Excellency
the Governor appointing him Captain of the Militia. Where-
upon the said Edmund came into Court and swore into his
Commission.

Samuel Smith produced a Commission from his Excellency
the Governor, which being read the said Samuel came into
Court and Swore into his Commission.

Upon the Petition of Samuel Cook, setting forth that he is
desirous of building a Water Mill on Brushy Run, a Branch of
Chirteers Creek’ and praying for an Order for the Condemna-
tion of one acre of Land on the opposite side of said Run to
said Cooks Land: Ordered that the Sheriff summon a Jury of
Twelve Free holders of the Vicinage, to meet on the Said Land
petitioned for and they being first sworn shall diligently view
the said Lands and Lands adjacent thereto on both sides of the
Run together with the Timber and other conveniences thereon,
with the true value of the Acre, and of the damages done to
the party holding the same, and report the same to the next
Court under their hands and seals

Ordered that a Dedimus issue to take the Examination of
Hatton Wells in behalf of Zacheriah Connell against Samuel
Wells.

Oliver Miller Gent returned ten Shillings received from
Thomas Pritchard & Philip Dougherty for swearing two pro-
fane Oaths Ordered that the Sheriff receive the said Money
and account with the Court at the laying of the levy.

Bargain and Sale, from John Harry to Robert Henderson for
a tract of Land acknowledged by the said Harry and ordered to
be recorded.

John Greathouse is appointed Administrator of Daniel Great-
house deceased he complying with the Law, Whereupon the
said John Came into Court with Thos Cook and Samuel Smith
his Securities, entered into Bond and Oath accordingly.

Ordered that Nathaniel Tomblinson Benjamin Tomblinson,
John Baxter and Edmund Baxter or any three of them appraise
the Estate of Daniel Greathouse deceased and make report to
next Court.

1Can this be the Brush Run emptying into Chartiers Creek within a mile

below Canonsburgh ?

134

(75)

ANNALS OF ‘THE CARNEGIE MUSEUM.

Enoch Springer is appointed Administrator of the Estate of
Lemuel Davis, he complying with the Law. Whereupon the
said Enoch with John Springer his Security came into Court
and entered into Bond and Oath accordingly

Ordered that Benjamin Reno, Christopher Miller Thomas
Redman & Samuel Rice or any three of them, they being first
sworn to appraise the Estate of Lemuel Davis deceased, and
make report to next Court.

William Christy is appointed Administrator of the Estate of
Francis Brown deceased, he complying with the Law. Where-
upon the said Christy came into Court with Samuel Evalt his
Security and entered into bond and oath accordingly

Ordered that Jacob Bousman, Samuel Evalt, David Duncan
and John Ormsby or any three of them being first sworn to ap-
praise all the goods Chattles and Credits of Francis Brown de-
ceased and make Return to next Court.

On motion of Charles Reed, Ordered that his Mark a Crop in
the left Ear and a Crop and Slit in the right Ear be recorded.

On Motion of John Hall, Ordered that his Mark, a slit in
the left Ear and a Crop in the right Ear be recorded

Upon Motion of Thomas Applegate, Ordered that his Mark
a Crop and hole in the near Ear be recorded.

Thomas Gist
Vv Then came the Plff, and Isaac Pearce
Richard Waller personally appeared in Court and under-
took for the defendant that in Case he shall be cast in this Suit
he shall pay and Satisfy the Condemnation of the Court or
render his body to prison in Execution for the Same, or that he
the said Isaac Pearce would do it for him. Whereupon the
Defendant prays and has leave to imparl untill next Court and
then to plead.

The Commonwealth
-
Jacob Shilling (a criminal) being charged with a dissafection
to the Common Wealth.
Then came the Defendant, who pleads, Not Guilty: Where-
upon Came a Jury, to wit: Patrick McElroy, Bazil Brown,

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MINUTES OF CouRT OF YOHOGANIA COUNTY. 135

Benjamin Vanatre, John Custard, James Ellison, Pierce Noland,
William Marshall, Sen; William Marshall Jun, John Munn,
John Greathouse, Robert Henderson & John Morrison ; who
say that the Prisoner is Not Guilty.

Inventory of the Estate of Jeremiah Wood, deceased, returned
by the appraisers & ordered to be recorded.

Thomas Gist
V Then came the Plaintiff, and Isaac Pearce

John Hall personally appeared in Court and undertook
for the Defendant, that in Case he shall be cast in this Suit he
shall satisfy and pay the Condemnation of the Court or render
his body to prison in Execution for the same or that he the said
Isaac Pearce would do it for him. Whereupon the Defendant
prays and has leave to imparl untill next Court and then to
plead.

Charles Bilderback produced a Commission from his Excel-
lency the Governor, appointing him Ensign of the Militia.
Whereupon the said Charles came into Court and swore into
said Commission.

Isaac Pearce produced a Commission from his Excellency
the Governor appointing him Captain of the Militia. Where-
upon the said Isaac Came into Court and Swore to said Com-
mission

Josiah Springer produced a Commission from his Excellency
the Governor appointing him Captain of the Militia. Where-
upon the said Josiah came into Court and swore to said Com-
mission.

George Redman produced a Commission from his Excellency
the Governor, appointing him Lieutenant of Militia. Where-
upon the Sd George came into Court and swore to said Com-
mission.

Elijah Pearce produced a Commission from his Excellency
the Governor, appointing him Lieutenant of Militia. Where-
upon the said Elijah came into Court and Swore to said Com-
mission.

Richard Waller produced a Commission from his Excellency
the Governor, appointing him Lieutenant of Militia. Where-
upon the said Richard came into Court and Swore to said Com-
mission.

156

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that a Bill of Indictment be preferred to the Grand
Jury against John Nelson, for assalting John Johnston Con-
stable in the Execution of his Office.

Ordered that a Bill of Indictment be preferred to the Grand
Jury against Henry Newkirk Isaac Newkirk ———— Carter, John
Williams John Hull Thomas Reed and Henry Hull, for refusing
to assist the Constable in the Execution of his Office when
assaulted in the same.

Bill of Sale. James Vanatre to Henry Morrison, proved by
the Oaths of John Munn & John Morrison the two Subscribing
witnesses and Ordered to be recorded.

Robert McKey
+

Moses Davison Case Ordered to be dismissed at the
Plaintiffs Request.

Upon the motion of Thomas Cook, Ordered That he have
leave to keep a Ordinary at his dwelling House the ensuing
year, he complying with the Law.

On motion of Jacob Bousman Ordered that he have leave to
keep an Ordinary at his Dwelling house, opposite the town of
Pittsburgh, for the ensuing year, he complying with the Law.

Upon the motion of John Munn ordered that he have leave
to keep an Ordinary at his Dwelling house, the ensuing year,
he complying with the Law.

Jacob Shilling came into Court & Swore the peace against
John Nelson, who is ordered to give Security for his peaceable
deportment and good demeanor for one year, next ensuing, the
said John Nelson held in fifty pounds, and Chrisley Crawbill
his Security in fifty pounds.

Upon motion of William Christy Ordered that he have leave
to keep an Ordinary at his Dwelling house in the town of Pitts-
burgh, the ensuing year, he complying with the Law.

Upon the motion of Josiah Snowden, Ordered that his mark
a Crop and Slit in the left Ear and an Under an uper Slit in
the right ear be recorded.

Ordered that Jonathan Rogers, Thomas Wilson, David
Phillips William Nemons, George Gillespie John White Junr,
Benjamin Wells, Moses Bradley, Nicholas Harrison, Jonathan

(78)

(79)

MINUTES OF COURT OF YOHOGANIA COUNTY. Nai

Philips, Bazil Weeks, John Hull and Benjamin Vanatre be ap-
pointed Constables the ensuing year and that they be summoned
to next Court to qualify into said Office.

William Bruce and Thomas Pollock produced Commissions
from his Excellency the Governor which being read the said
William and Thomas came into Court and swore to said Com-
missions.

Ordered that the Court be adjourned to tomorrow at 7
oClock.

JoHN Canon.

March 26th 1778, the Court met according to adjournment.

Present: John Cannon, Richard Yeates, Joshua Wright,
Samuel Newell, William Crawford, Gentlemen Justices,

Upon the Petition of John Johnston ; Ordered that Gabriel
Cox, James Wright, Nathaniel Blackmore, and Paul Froman,
or any three of them, they being first sworn view a road the
nearest and the best way from the Court house to Pentecost’s
Mills’ on Chirteers Creek and make Return to Next Court.

Benjamin Jones v Patrick McDonald, Assault. P. C.

Paulser Shilling v Spencer Collins, Trespass P. C.

Dorsey Pentecost
=

Christopher McDonald The Defendant being arrested and
failing to appear, tho’ Solemnly called, On motion of the
Plaintiff It is ordered that unless the Defendant shall appear at
the next Court and answer the plaintiffs Action that Judgment
shall be then given against the said Defendant and his Ap-
pearance Bail for the Damages in the Declaration mentioned
& Costs

Zachariah Connell vy Abraham Vaughan Debt P. C.

David Wilson v Henry Bowling Debt P. C.

John Spivy v Samuel Beeler. Trespass P. C.

John Gallaher & wife v Christian Sumitt Slander P. C.

Joseph Lindsey v George Lang Debt P. C.

Richard Swipicks v Jacob Jones. Case P. C.

Paul Froman v Robert McCrowdy Debt P. C.

Frances Morrison v Daniel Swigart Debt P. C.

Henry Martin v Samuel Patterson Debt — Agreed.

1 Now, or late Beck’s Mills, or Linden, North Strabane tp.

ANNALS OF THE CARNEGIE MUSEUM.

John Lawrence
*

Thomas Rogers The Defendant being arrested and failing
to appear tho Solemnly Called, On Motion of the Plaintff It
is Ordered that unless the Defendant shall appear at the next
Court and answer the Plaintiffs Action that Judgment shall
then be given against the said Defendant his appearance Bail
for the Damages in the Declaration mentioned and Costs.

George Sekley v John Ramage Case, P. C.

Susannah Sekley v Robert McKindley Case, P. C.

Eli Williams v Philip Tabor Debt Agreed

Thomas Freeman v Jno James & Saml Lynch Case, P. C.

Jacob Bousman v John Bradley Case. P. C.

John Johnston — )
Mary Burris v Michael Humble — + Case P C
Abraham Jones —

James Johnston v Godfrey Wagoner Case P. C.

Jacob Shilling v Henry Newkirk Case A. C.

Same v Same Debt A: C:

James Dunaghagan v James Gray Case A: C:

Paul Froman v John Dean Case A: C

Thomas Cook v Richard Dickerson Case A: C

William Thompson v John Fife Senr Assault A: C

James Miller v Jacob Peatt Case Agreed.

Francis Reno produced a Commission from his Excellency
the Governor appointing him Lieutenant of the Militia which
being read the said Francis Came into Court and swore into
said Commission

Maybary Evans produced a Commission from his Excellency
the Governor appointing him Captain of the Militia which
being read, the said Maybury came into Court and Swore to
his Commission

George Waddle produced a Commission from his Excellency
the Governor, appointing him Ensign of the Militia which
being read the said George came into Court and Swore to his
Commission.

Joseph Vance and David Cox produced Commissions from
his Excellency the Governor appointing them Lieutenants in

(81)

MINUTES OF COURT OF YOHOGANIA COUNTY. 139

the Militia which being read the said Joseph and David came
into Court and Swore to said Commissions.

Ordered, that the Wife of Robert Crawford a poor Soldier
now in the Continental service, be allowed the sum of four
pounds per month for the support of herself and three Children ;
and that this Court do draw on the Treasurer of this Common
Wealth for the same.

Ordered, that Sarah Stewart, the wife of ———— Stewart, a
poor soldier in the Continental service, be allowed the sum of
three pounds per month, for the support of herself and two
Children, to commence the 25th day of January last, and that
this Court do draw on the Treasurer of this Common Wealth
for the same.

Ordered that Colo John Campbell pay unto Richard Yeates
Gent. the money now in his hands allowed to Mrs Nox for her
and Childrens Support by a former Order of this Court and this
Court and the said Mr. Yeates is requested to deliver the said
money to said Mrs Nox.

Ordered that Colo John Campbell pay to Benjamin Fry
Gentleman the money now in his hand allowed the wives of
William and Abraham Ritchey for their and Children’s Sup-
port by a former Order of this Court and the said Fry is
requested to pay said money to said women.

Joshua Wright, Gent, absent.

John Campbell produced an Indenture from John Milligan
and Martha Milligan, binding Wm Milligan to Robert Camp-
bell untill he arrives to the age of Twenty one years and prays
the Consent of the Court to said Indenture which is accordingly
consented to.

Ordered that John Minter, Maybery Evans, Nathan Ellis,
Edward Kemp, Josiah Record, and James Scott be recom-
mended to his Excellency as proper persons to serve as Captains
of Militia and John Mason, James Hopkins Samuel Newell,
John Chamberline Willm McCarmick Richard Crooks Nathl
Blackmore Francis Reno, Robert Henderson, ‘Thomas Lapsley,
Willm Everard George Long Thomas Reed John White Junr
& James Wherry as Lieutenants of Militia and Robert Newell,
Michael Tygert Lewis Reno, George Wadale George Christ,
Isaac McMichael William Murley, Edmund Riggs Samuel
Johnston & Samuel Alexander as Ensigns of Militia.

140

(82)

ANNALS OF THE CARNEGIE. MUSEUM.

Josiah Records produced a Commission from his Excellency
the Governor appointing him Captain of the Militia which was
read and sworn to accordingly.

George Long produced a Commission from his Excellency
the Governor appointing him Lieutenant of Militia which was
read and sworn to accordingly.

Samuel Newell produced a Commission from his Excellency
the Governor appointing him Lieutenant of Militia which was
read and sworn to accordingly.

Upon the Motion of Zadock Wright Ordered that his Mark
an under bit in the right ear and crop and slit in the left ear be
recorded.

Ordered that the Effects of George Croghan in the hands of
David Duncan and William Christy by them returned as Gar-
nishees at the Suit of John Campbell and Joseph Simon against
said Croghan be secured by the Sheriff for further proceedings
thereof, and that an attachment issue against George Lighten-
berger who was summoned Garnishee in behalf of the Plaintiffs
in said Suit and failed to appear to declare how much and what
of the Estate of the said George was in his hands.

Ordered that the Court be adjourned to the Court in Course.

W. CRAWFORD.
( Zo be continued. )

AENINA LS

OF THE

SaAkRNEGIE MUSEUM

VOLUN fies NOs 2:

EDITORIAL.

THE work of the various members of the Staff of the Museum during
the spring and early summer has yielded important and substaatial re-
sults in the way of permanent accessions to the various collections.

THE expedition to Costa Rica under the care of Mr. C. V. Hart-
man has resulted in the acquisition of a large amount of very valuable
archeological material from that country. Among the things ac-
quired is the splendid collection of objects of jade and jadeite formed
by Sefior Don Jose Maria Velasco, which for a number of years has
been on deposit in the Museum of Archzology of the University of
Pennsylvania. In addition to this collection Mr. Hartman has suc-
ceeded in purchasing several others of scarcely less importance, and
has made a number of excavations at points of interest, resulting in the
recovery of a great quantity of prehistoric material, which will tend to
supplement the display of material obtained by the direct expenditure
of money in the way which has been mentioned.

Mr. CARNEGIE with signal generosity has authorized the purchase
of the great collection of European fossils in the possession of the
Baron de Bayet, of Brussels. This is one of the largest and most im-
portant collections of its kind in Europe, and its transfer to the Car-

141

142 ANNALS OF THE CARNEGIE MUSEUM.

negie Museum will tend to make the institution a focal point for pale-
ontologists who wish to familiarize themselves with the results of the
labors of European students in their favorite field of research. The
Director of the Museum is making arrangements to have the entire col-
lection brought over from Belgium to Pittsburgh in the near future.

THE expedition to Florida in quest of ornithological material under
the care of Mr. Todd resulted in the acquisition of over thirteen hun-
dred specimens, representing a great deal of desirable material.

Mr. J. A. SHAFER, who accompanied Dr. N. L. Britton, of the
New York Botanical Garden, to Cuba, returned in the latter part of
May, having remained somewhat longer on the island than did the
leader of the expedition. The result of the joint labors of the two
collectors has been the addition to the herbarium at Bronx Park and
at the Carnegie Museum of about a thousand species of plants in good
condition.

THE fourth Memoir of the series now in process of publication by
the Museum, before these lines are printed will have come from the
press and been distributed. It is a masterly paper by Dr. William
Harris Ashmead, of the United States National Museum, based upon
the collection of South American Chalcidoidea made by Mr. Herbert
H. Smith, and belonging to the Carnegie Museum. Dr. Ashmead is
recognized as being one of the very foremost students of the hymen-
optera now living. We hope to be able shortly to publish still other
papers from his pen. He has now in hand other portions of the great
collections belonging to the Carnegie Museum, and has promised to
report upon them.

Dr. Ashmead comes very honestly by his taste for scientific and lit-
erary labor. He is descended from a long line of intellectual and dis-
tinguished men. His mother was the daughter of Thomas Graham, a
lineal descendant of James Fitz-James Graham, the Earl of Montrose,
’’ whose name is famous in Scottish story. His
grandfather, Thomas Graham, was one of the founders of the public
school system in the city of Philadelphia. Another ancestor, John
Kittera, was Chief Justice of Pennsylvania during the Revolutionary

or ‘* Claverhouse,

EDITORIAL. 143

War. ‘Through his paternal grandmother he is descended from Dr.
George Lehman, who was staff surgeon with General George Wash-
ington at Valley Forge, Staten Island, Perth Amboy and elsewhere.
He is also descended from General von Lasher, who was one of the
German officers who rendered distinguished services during the Amer-
ican Revolution to the cause of the colonists. His cousin, Mr.
William Ashmead Bartlett, of London, has figured prominently in
university and political circles in England.

THE reproduction of the skeleton of Diplodocus carnegit which Mr,
Carnegie has authorized for the purpose of presenting the same to the
British Museum, is going on as rapidly as can be expected. ‘The
work is one of great difficulty, and requires vast care and patience, so
that all the characteristic features of each bone may be represented
accurately.

THE paleontologists in the field report themselves as being very
successful. Mr. C. W. Gilmore having completed his labors in the
Freeze-out Mountains of Wyoming, has repaired to western Kansas,
where he will work during the remainder of the summer in the chalk.
Mr. Earl Douglass is hard at work in Montana. Mr. Hatcher has at
latest advices returned from a geological reconnoissance on the
southern borders of the British territory adjoining Montana, and
thence went into the region of the Judith River. He reports the
party as well and prospering, but finding the weather disagreeable and
inclement. While Pittsburgh has been sweltering under torrid skies
our explorers have been rained and snowed upon daily.

Mr. O. A. PETERSON is at work upona monograph of the fossils of
camels, which he has recently discovered, and one of the skeletons of
which will this summer be set up in the laboratory. ‘The material
obtained last summer in Nebraska is very fine, and will serve well to
illustrate some of the rarer and little known species of extinct Cam-
elidz.

Proressor. CHARLES R. Eastman, of Harvard University, will write
up and describe the fossil fishes contained in the collection which has
just been secured by Mr. Carnegie from the Baron de Bayet.

144 ANNALS OF THE CARNEGIE MUSEUM.

PROFESSOR A. E. ORTMANN has assumed his position as Curator of
Invertebrate Zodlogy at the Carnegie Museum. He reported for duty
on the first day of July. He is at present engaged in making an in-
ventory of the collections contained in the Museum belonging to his
section of labor.

Mr. D. R. SuMSTINE continues this summer the work he began last
year for the Museum in collecting the fungi of western Pennsylvania.
He reports the discovery of several species hitherto new to science and
undescribed.

Mr. Henry Kiaces, of Jeannette, Pennsylvania, is temporarily.
engaged as an assistant in the section of entomology. He is working
upon the South American coleoptera, a great many boxes of which
required to be mounted for study.

Mr. W. NorMAN MILLER during the summer vacation is assisting
Mr. J. A. Shafer in poisoning and mounting the specimens recently
secured for the herbarium. Mr. Miller is a student at the University
of Pennsylvania.

V. NEW VERTEBRATES FROM THE MONTANA TERTIARY.
By Earxt DOUGLASS.

During the summer of 1902 explorations were continued by the
writer in western Montana for the Carnegie Museum. Collections of
rock samples, and of fossil plants, invertebrates, and vertebrates were
obtained from the Oligocene and Miocene formations. Special effort
was made to discover the conditions under which the various deposits
were formed. While it will require much work and careful study to
interpret the history of Tertiary times in this region, it is nevertheless
important to record such data as tend to elucidate the problem. In
this preliminary sketch the writer wishes to give onlya few of the lead-
ing facts, leaving a more thorough discussion of the matter to a time
when more extended explorations have been completed and a careful
study of the material already collected has been made.

The fossil mammals found during the past summer have not yet
been studied. Those described in the present paper were collected by
the writer in previous years extending back as far as 1895.

EOCENE?
SAGE CREEK BEDs.

This formation occurs on Sage Creek about seven miles northeast of
Lima in Beaverhead County. Only four specimens were found that
are of any value in determining the age of the formation. One of
these (Heftodon ?) is undoubtedly Eocene. Two specimens that I
have referred to Zyrachyus were found, but one consists of a solitary
tooth ; and the other—a mandible, atlas, and part of a skull—looks
like a more modern form than we would expect to find associated with
fleptodon. The last specimen —a part of a mandible — has all the
peculiar characters of the corresponding portion of A/etamynodon ?
but is very much smaller than the White River species. However, the
Flyrachyus skull was found a few feet under the specimen of /effodon,
and the Metamynodon jaw a few feet under the stratum that contained
the solitary tooth which resembles Hyrachyus.

145

146 ANNALS OF THE CARNEGIE MUSEUM.

Fossils were found in only a restricted locality. The hill where
Heptodon ? and the jaws of Hyrachyus ? were found is composed of
stratified material, and it contains quartz geodes, tubes lined with
crystals both of calcite and quartz, and calcified trunks and twigs of
trees.

It is hoped that these beds will soon be more fully and carefully
explored.

List OF SPECIES.
Heptodon ?

flyrachyus priscus Douglass.
Fyrachyus ?
Metamynodon ?

OLIGOCENE.

THE WHITE RIVER FORMATION.

That a great part of the White River deposits of Montana was
formed in water is evident. It does not appear that the water was, as
a rule, very deep. There are undoubtedly not only lake, but marsh
and river deposits. The evidence points to some slow acting obstruc-
tion of the water, rather than to a more sudden appearance of high
barriers making deep lakes which were in course of time gradually
drained by the cutting of a channel through the barriers. The con-
ditions could be better explained by supposing that there was slow
and inconstant upheavals or oscillations across the path of drainage.
When the rate of elevation of the barrier was greater than the rate of
deepening of the channel through it, there would be ponding of the
water. The excess of erosion would, if it operated long enough,
lower the water level, thus making dry and marshland where water
had been before. So in the long time in which there was an unequal
rate of raising of the barrier the conditions would be very complex.
The relation between the rate of elevation of the barrier, sedimenta-
tion, and erosion of the channel were such that the water of the lakes
was not usually of great depth. There are undoubtedly not only
lake, but nearly all kinds of fresh water deposits as we should expect
under such conditions.

This is only a hypothesis which remains to be proven or disproven,
but which at the present time seems to the writer to best accord with
the data at hand.

We find nearly everywhere evidences of shallow water, such as rip-
ple marks, bird tracks, plant remains, shallow water moliusca, etc.

DOUGLASS: VERTEBRATES FROM MONTANA TERTIARY. 147

There is much volcanic dust in the beds, some strata being
made up almost entirely of this material. Of course these beds of
pure dust must have been transported from their source by the
winds.

The arguments used by Matthew to prove that the White River of
the plains is not of lacustrine origin do not apply here.

1. The deposits, especially the finer ones, are commonly distinctly
stratified, often thinly laminated, and sometimes splitting into papery
shales. Distinctly stratified beds can often be traced for a considerable
distance and sometimes they are beautifully ripple-marked.

2. The fauna is not strictly a terrestrial one. Abundance of fresh
water diatoms, mollusca, and fish are found.

3. The mammalian remains are usually fragmentary, and occur near
hills and mountains of older rocks, which evidently formed the shore
of the lakes, or border of the marshes, if such existed.

4. There is no difficulty in conceiving the obstruction of the waters
by orographic movements or by lava flows. For example, the Missouri
River from the region of Helena northward to Cascade —a distance
of about fifty miles — flows through a cafion in the mountain uplift,
which here crosses its course. For the first twenty-five miles there are
successions of narrow cafions and broader semi-circular areas. In the
latter are remains of Tertiary deposits, showing that these valleys were
carved out during or previous to Tertiary times. But from near the
place where Wolf Creek enters the Missouri there is a change, and the
river, instead of cutting its way through Paleozoic strata, has carved
a uniformly narrow cafion through eruptive rock. Above this long
cafion we can trace the Tertiary deposits, occupying present and old
river valleys up the Missouri and Jefferson rivers without obstruction
of the older rocks to the continental divide and boundary line between
Montana and Idaho, near the village of Monida. In fact the old river
valley undoubtedly passes through the divide into Idaho.

The occurrence of this great mass of eruptive rock, were it a surface
flow, would seem to offer a ready explanation of the occurrence of the
fresh water sediments above. But much of the rock is quite coarsely
crystalline, as if cooled at a considerable depth.

It is true that in no place on the mountain sides has the writer

1 The coarser material is evidently either of delta or stream origin. The writer at
present sees no reason for believing that any great extent of the deposits is purely
olian.

148 ANNALS OF THE CARNEGIE MUSEUM.

found what one could be sure were old lake terraces. But this does
not appear to be any evidence of the absence of lakes, for in a region
of comparatively rapid erosion, we could hardly expect them to endure
so long.

Fossil plants were collected in several places in the White River
during the last summer. In one locality in the Lower Madison
Valley “racks of birds were found on the sandstone. Just above were
beds of pure volcanic ash beautifully ripple-marked.

The lower division of the White River — the Titanotherium Beds —
east of Winston and southeast of Helena, attain a considerable thick-
ness. One measurement gave 4500 feet, another farther south 4900
feet. Where this latter measurement was made a fault occurs, the
exact displacement of which was not ascertained and it is possible that
this might bring this measurement a little nearer to the former one.
The beds vary from nearly horizontal to a dip of 53°. ‘These measure-
ments do not include the whole thickness of the White River here.
The Missouri Valley makes a gap of a couple of miles and when seen
again across the river the strata are nearly horizontal and have changed
in character. About 150 feet of strata are exposed here. Adding
this to the 4900 feet we have here a measurable thickness of 5050.
How much is lost by the erosion of the river valley it is not possible
to tell. The upper beds here are like the lower ones exposed on the
Madison River. Above the latter, on the Madison, I measured 300
feet of mostly fine, stratified deposit.

There is a possibility that the lowermost of these beds may extend
down into the Eocene, though there is at present no evidence of this.

At some time, either previous to or succeeding the White River
epoch, the rivers of western Montana underwent much change, for in
many places they leave the older valleys which were filled, or partly
filled, with Tertiary deposits and flow through deep narrow cafions in
the Archean and Paleozoic rocks. About ten miles below Whitehall
the Jefferson flows eastward through a long cafion, while both north
and south are old valleys containing only Tertiary or later deposits.
In many places the streams have left what seems to be their easy,
natural course and made their difficult way through old granite, lime-
stone, and quartzite rocks.

The beds in the vicinity of Helena contain much sand and coarser
material, waterworn gravel brought from a distance, and unworn
angular fragments from the adjacent Algonkian slates and quartzites.

DOUGLASS: VERTEBRATES FROM MONTANA TERTIARY. 149

In the lower Madison Valley, where the upper beds are so well ex-
posed, the material is mostly fine.’

Northeastward from Whitehall the rock of the Titanotherium beds has
been much disturbed and metamorphosed, the light colored clay and
sand being in great part changed into red and black slate and quartzite.
In one place the strata are nearly vertical. In some places there are
mineral veins and the rock has a granitic structure.

There is doubt that the mountains were as high during the White
River epoch as at the present time.

Besides the places where fossils had been previously found, they
were discovered last summer at Cafion Ferry, in the Prickly Pear
valley, northeast of Whitehall, and on the divide between the Mis-
souri and North Boulder valleys.

The beds in Montana appear in the main to represent the Titano-
therium and Oreodon Beds of South Dakota.

List oF FOossILs.

Fossil Plants.

Fish.

fTelodermotdes tuberculatus Douglass.

Ictops acutidens Douglass.

Gymnoptychus minor (Douglass).

Cylindrodon fontis Douglass.

Sciurus jeffersont Douglass.

Ischyromys tvpus Leidy.

Paleolagus temnodon Douglass.

Paleolagus brachyodon Matthew.

fyenodon minutus Douglass.

Hyenodon montanus Douglass.”

Limnenetes platyceps Douglass.

Limnenetes ? anceps Douglass.

Trigenicus socialis Douglass.

Oreodon macrorhinus Douglass.

Lucrotapus helene Douglass.

Agriocherus minimus Douglass.

1 The exact horizon of these upper beds is uncertain, as no good mammals have
been found, but they lie unconformably under the Loup Fork. I have always con-

sidered them as White River.
2 Matthew thinks this is probably Pseudopterodon. Bull. Am. Mus, Nat. Hist.,

May Ig, 1903.

150 ANNALS OF THE CARNEGIE MUSEUM.

Agriocherus maximus Douglass.
Colodon cingulatus Douglass.
Mesohippus bairdt Leidy.
Mesohippus latidens Douglass.
Hyracodton.
Titanothertum.
THE Forr LoGAn Bens.

The so-called Deep River Beds and their interesting mammalian
fauna are well known through the labors of Cope and Scott. There
is, however, much unavoidable confusion continually arising from the
use of one name for two distinct horizons. ‘The name ‘‘ Deep River’’
is used without the adjectives ‘‘upper’’ or ‘‘ lower’’

probable, one is John Day (Upper Oligocene) and the other Loup
Fork, it is certain that they have different assemblages of fossils, and
that each should have a name by which it may be clearly distinguished.
The river in whose valley the Deep River beds occur is now universally
known as Smith River, and this is probably the true name ; though as
early as 1876 Grinnell and Dana called this stream ‘‘ Deep Creek.’’

However this may be, I do not think that this should invalidate the
name so long as the type locality is beyond doubt. ‘The beds are in
the valley of what is now known as Smith River, between the town
of White Sulphur Springs and old Fort Logan and between the Little
Belt Mountains on the east and the Big Belt Mountains on the west.’

Scott’ first gave the name ‘‘ Deep River beds’’ as a substitute for
Cope’s ‘‘ Ticholeptus beds.’’ Scott says in his ‘‘ Mammalia of the
Deep River Beds’’ (p. 59): ‘‘ The upper beds which Grinnell and
Dana called Pliocene present a very different assemblage of species.
Cope’s collection, so far as I can judge, was gathered entirely from
these beds and contains nothing from the lower horizon.’’ It seems
to the writer, then, that the name Deep River should be applied to
the upper beds alone.

For the older formation, Upper Oligocene (John Day ?), I propose
the name Fort Logan beds, from the old military post a short distance
from the best outcrops. I do not know that this horizon is exactly
paralleled by any other.

1 Rep, of Reconnaissance from Carroll, Montana, to the Yellowstone National Park,

made by Capt. Ludlow in 1875 ; Washington, 1876, p. I15.
? Princeton Scientific Expedition of 1891. Prin. Col. Bull., III., p. 88.

and one does.
« not always know what is meant. Whether or not, as Scott thinks.

DOUGLASS: VERTEBRATES FROM MONTANA TERTIARY. Lb5i

The following list of fossils from this horizon is taken from Scott’s
Mammalia of the Deep River Beds, p. 58.

Cynodesmus thodides Scott. aor pe

Steneofiber montanus Scott. / .
Cenopus. f
Miohippus annectens ? Marsh.
M. anceps ? Marsh.

M. (Anchitertum) equiceps ? Cope.
Mesoreodon chelonyx Scott. !
M. intermedius Scott. Sw]
Pebrotherium sp.

Hypertragulus calcaratus Cope.

Beps DoUBTFULLY OLIGOCENE.

Besides the beds which I have called Fort Logan and which Scott
suspects are John Day, the writer has, in previous years, found locali-
ties where the few fossils that were found and also the lithological
character of the beds seem to indicate a formation intermediate be-
tween the White River and Loup Fork. One locality in which the
best material was found is about three miles east of the town of Drum-
mond on the Hellgate River. Only three good specimens were
obtained here and none of these can [| identify with species found else-
where.

The strata are light colored, resembling the White River in some
respects, yet more like part of the Loup Fork in not being distinctly
stratified.

List OF FossILs.

Mesocyon ? drummondensis Douglass.

Leptomeryx transmontanus Douglass.

Promerycocherus minor Douglass.

MIOCENE.

THE Loup FORK FORMATION.

In the valleys of western Montana there are at least three phases of
the Loup Fork —that is, there are beds with three different assem-
blages of fossils. How much of this is due to actual difference of
time and how much to different conditions of preservation is difficult
to determine. ‘The valuable suggestions, which Dr. W. D. Matthew '

1*¢ Fossil Mammals from Colorado,’’ and ‘‘Is the White River an Aeolian De-
dosit ?”’

152 ANNALS OF THE CARNEGIE MUSEUM.

has made concerning the habitat of extinct mammals are worthy of the
most careful thought and study.

In this same region to-day there are animals that live high among
the rocks of the mountain peaks. These we would expect to be ex-
tremely rare in lacustrine or fluviatile deposits. Others, like some
species of deer, live principally in the wooded mountains and drink
from mountain streams. ‘These under present conditions would sel-
dom be preserved, yet, when lakes and marshes were more extensive,
and when the valleys were not cultivated, the chances would be greater.

It is interesting to notice the difference in habits of domestic
horses and cattle, when left to themselves. Domestication has not
entirely changed their natures. In this mountainous region horses
will come down to the streams from the dry hills to drink once in
one, two, or three days according to the weather. ‘They come in
bands, usually in the afternoons of hot summer days, drink their fill,
and go far back to the hills, perhaps miles from their watering places.
Cattle remain nearer to water as they are not so ‘‘ well built for speed,’’
come down to streams and ponds to drink, and linger in or near the
water during the heat of the day. They often die near these water-
ing places. In swamps they get mired, and not having the strength
to extricate themselves, leave their bones in a favorable place for pres-
ervation. It is easy to see which of these animals, cattle or horses,
under present conditions would stand the better chance of being pre-
served in aqueous deposits ; though any animal going to a watering
place during its last sickness is very apt to leave its bones near by.

Last summer the party in charge of the writer found a place in the
Deep River beds, where skulls and portions of skeletons were abun-
dant ; but with the exception of turtles and some mammalian frag-
ments, they all belonged to the Oveodontide. In one locality on the
North Boulder only turtles, camels, and horses were found. The lat-
ter probably represents a little later phase of the Loup Fork, yet no
one would claim that in either case the fossils were a just representa-
tion of the fauna of the times. It is possible that these Oreodonts
found in marshes, where other mammals seldom came, their most
natural feeding ground.

THE DErEpP RIVER BEDs.

For a description of these beds in their typical locality near White
Sulphur Springs I would refer to Scott’s valuable paper, Zhe Mam-

DouUGLASS: VERTEBRATES FROM MONTANA TERTIARY. L538

malia of the Deep River Beds. During the last summer this formation
was identified at Canon Ferry on the Missouri River about twenty
miles east of Helena. Here many skulls of Promerycocherus, Cyclo-
pidius, Merychyus and other Oreodonts were obtained.

What are evidently the same beds were found on the North Boulder
opposite Cold Spring Postoffice. The fragments of fossils seen ap-
peared to be the same as those obtained at Cafion Ferry; but they
were found during a reconnaissance on horseback and not collected
by the writer. The character of the beds is nearly identical.

THE FLINT CREEK BEDs.

These have not been visited by the writer since 1899.' Several
fossil mammals were found ; but, with one or two exceptions, they
cannot be identified with species found in other places. ‘These ex-
ceptions are portions of four skulls of (@) Paldeomeryx, one of which
is nearly complete with one side of the mandible. ‘There may be two
species, but one is undoubtedly Paleomeryx borealis (Cope). (6)
Mylagaulus paniensts is identified by the premolar tooth only, which
does not differ from that of the type. The following is a list of the
species :

Ogmophis arenarum Douglass.

Talpa ? platybrachys Douglass.

Sciurus.

Mylagaulus paniensis Matthew.

A lurodon ? brachygnathus Douglass.

Protohippus ?

fesperhys vagrans Douglass.

Merychyus smitht Douglass.

Poatrephes paludicola Douglass.

Merycocherus laticeps Douglass.

Procamelus.

Paleomeryx borealis* (Cope).

These were all found near the village of New Chicago in Granite
County.

The typical exposure forms a line of bluffs 100 to 150 or more feet

1See Am. Journ. Sc., Vol. 10, Dec., 1900, p. 428.

?There is some doubt that this is Pa/eomeryx, but I see no conclusive evidence

that it is not; so, until the matter can be settled, it is best to include the American
specimens with the European genus.

154 ANNALS OF THE CARNEGIE MUSEUM.

in height on the west side of the valley of Flint Creek, beginning
about one mile north of the village of New Chicago and extending
southward several miles. ‘The fossils were obtained within two or
three miles of the village.

THE MapbIson VALLEY BEDs.

The Loup Fork beds of the Lower Madison Valley are, in great part,
at least, of stream valley origin. By this I mean such deposits as usually
accumulate in valleys of rivers and smaller streams, including channel
deposits, mud flats, sand bars, flood plains, ponds, and small lakes.

The material is principally sand, sandy clay, and gravel, partly with-
out extensive uniformity of stratification. Yet in part the beds are
well stratified. This is especially true of those of pure volcanic ash,
and it seems almost certain that at times during the Loup Fork there
were quite extensive marshes, or lakes.

During last season these beds were identified in the Missouri Valley
east of Winston by mammalian fossils. ‘The remains of camels (Pvo-
camelus) and horses (Protohippus) were found on the north Boulder
Creek in beds that undoubtedly belong to this division of the Loup Fork.

An abundance of fossil leaves was found both in the Lower Madison
Valley and east of Winston.

ParTIAL LIST OF SPECIES.
Scturus arctomyoides Douglass.
Palearctomys montanus Douglass.
Palearctomys macrorhinus Douglass.
Mylagaulus ? pristinus Douglass.
Mylaxaulus ? proximus Douglass.
Mustela minor Douglass.
A lurodon sp.
Dinocyon ossifragus Douglass.
Aphelops ceratorhinus Douglass.
Protohippus.
Hippotherium tsonesum Cope.
Merycocherus altiramus Douglass.
Merycocherus madtsonius Douglass.
Gomphotherium (Protomeryx ?) serus Douglass.
Protolabis montanus Douglass.
Procamelus madisonius Douglass.
Procamelus lacustris Douglass.
Blastomeryx gemmifer Cope.

>) |
on

DOUGLASS: VERTEBRATES FROM MONTANA TERTIARY. 15:

Merycodus necatus Leidy.

Merycodus ? agtlis (Douglass).

Paleomeryx americanus Douglass.

Paleomeryx borealts (Cope).

Mastodon.

These beds overlie the White River and occupy the top of the trian-
gular bench between the Madison and Gallatin rivers from the vicinity
of Logan on the north, nearly to Elk Creek on the south ; also the
tops of the high bench west of the Madison River.

DESCRIPTIONS OF NEW GENERA AND SPECIES.
All the fossils described in this paper were collected by the writer,
unless otherwise stated. The drawings were made by Mr. S. Pren-
tice. The numbers given to the specimens are the Carnegie Museum

numbers.
EOCENE? (SaGE CREEK BEDs. )

PERISSODACTYLA.
HEPTODON ?
INO 717.9 Big. 1.

Part of a superior maxillary with the last premolar a..u the three
molars on the left side. From the Sage Creek beds northeast of Lima.

It is doubtful whether this should be
assigned to the genus //ef/odon or to
Systemodon. Taking Dr. Wortman’s
distinguishing characters of the teeth
it is intermediate between the two.
A comparison with the specimens in
the American Museum of Natural
History confirms this, but it seems
to be nearer to //eptodon than to
Systemodon, appearing to be some
more primitive form of that genus.

The cross crests are low. ‘The pos- Fic. 1. Heptodon ? (717), Sage

terior outer cusp in M® is flat and Creek Beds. Natural size. a. Part
of left maxillary with last premolar

and three molars. 4. Crown view of

wy

{ ae

y

NY &L

rat v uA 5 bs th yy Hy Ala ey
7 i)

pushed far inward, making the meta-
loph very short, and the tooth nearly
an equilateral triangle in outline as
seen from above. In M2 the posterior outer cone is a trifle convex
outwardly, though it is slightly concave near the posterior edge. In

teeth of same.

156 ANNALS OF THE CARNEGIE MUSEUM.

M+ this element of the tooth is decidedly convex and nearly on an
antero-posterior line with the anterior outer cone. P+ had but one
cross-crest. The tooth stands obliquely, the inner portion being

farther forward.
MEASUREMENTS.

Mm.
Height of the lower border of orbit above alveolar border at M2., 18
Men gthy ofr Par eice catateeteeccr een rice veereanae sescee oacccees Cae ea a mere 75
Width"; StCtee Poh ae carters east. cutoes cisniocee teris came cdauatdceicane ce fone eke 10.5
Tenet byol Mi aren qnacuicseccmamisnnsaaees nat edeecinccnsaeee ues aces ueee entre 8.5
AW Gt niga CAS ae neice ncekhircs cicsisal nannects ace Gute tsinc ee scos usta Maee case eeeee 10.5
Wensthvote Mer Tics ks. uvas ceuawescomatecsante dase eesti soba castes meee 10
Wencthy Ol shes cere. ra. sctindusctevossisctcad seeasicioeestecmtane ramee tear eetes II
Wl CU sees cntracs ciinh cnsisisapemige ante nas tneutcanteatbea: case cmes eceecmmmeent 12
Eveiphtiofycrowncol Msc. ciacaans estcuen esac cencen: sceeeraearcin seeceect 253

From Sage Creek about seven miles northeast of Lima.

HyYRACHYUS ? PRISCUS sp. nov.

No: 784. Tig.

The type includes the greater part of the mandible with all the
post-canines except P,;, the anterior part of the skull with incisors
and premolars, and the atlas. It was found a few feet below the
specimen of /effodon ? just described.

The premaxillaries are rather slender and entirely separated. The
diastema between the canine and the first premolar moderately long ;
P+ small ; premolars increasing rapidly in size posteriorly ; P2* begin-
ning to assume the molar pattern — that is, the inner lobe is beginning
to divide, though no such tendency appears in P? and P+; mandible
heavy and thick ; symphyseal part proportionately slender ; masseteric
fossa high ; angle broad ; lower border convex antero-posteriorly.

The premaxillaries resemble those of the modern tapir (/7as-
mognathus) in form, but they are not codéssified anteriorly and are not
nearly so robust. Near the anterior inner part of the right premax-
illary there was a small, peg-like process projecting backward and
toward the other premaxillary, but no sign of a union of the two pre-
maxillaries. The diastema between the canine and P+ was propor-
tionally as long as in “/asmognathus. ‘The infraorbital foramen opens
above P3.

The specimen was in a breccia formed by the breaking up and
recementing of the sandstone so parts of the broken skull. were
separated. Fragments of the upper part of the skull, including por-

DouGLass: VERTEBRATES FROM MONTANA TERTIARY. 157

tions of the nasals, were put together and it appears that the nasals
were reduced and shortened, in this respect being intermediate be-
tween /Zyrachyus and Protapirus. ‘The anterior upper portion of the
skull is broadly and evenly convex.

The longitudinal portion of the mandible is robust, but it contracts
just in front of the anterior premolar, making the symphyseal region
small. ‘The ascending portion is broad. ‘The angle extends a little

below the posterior lower border of the horizontal ramus. The last mo-

eet tt etee el
wee,
-.
wee

cS
ee
oorme 2.
PTT eo oe
ie ener ete crete eee.

Fic. 2. Hyrachyus priscus. No. 784. Sage Creek Beds. One half natural size.

lar is considerably in advance of the ascending ramus ‘The masseteric
fossa extends nearly down to the level of the molars.

The animal was old and not all of the structure of the teeth can be
made out on account of their worn condition. The worn surfaces of
the upper incisors are oblong-oval or elliptical. They stand in a:
nearly vertical position as in the tapir. They are all nearly of the
same size. The premolars are very much like those of /7. agrartus.
P1 is small. P2 is the only one which appears to have a tendency to

158

assume the molar pattern.

premolars.

ANNALS OF THE CARNEGIE MUSEUM.

There are internal cingula on the last two

The lower teeth are much like those of 4/7. agrartus.
The atlas is much lke that of Profapirus validus.

The concavity

for the odontoid process of the axis is much narrower, indicating a

thick, conical odontoid.

The posterior cotyles are wider dorso-

ventrally, the lower part is longer antero-posteriorly on the median

line, and there is quite a large protuberance on the ventral posterior
border, projecting backward.

MEASUREMENTS,

Mm
Width of palate between second premolarS...............sses0+ sees 38
Men cthvol eles seeeactecarssaaccesess co cs oeh once settee oh css nolsecicembisintes 8
VV GEM Ons Ze aneren 1 sacensueaencuclvesasactadseae sesame eniae nesecuneenecmances 5
Wengthyof premolar SErieS.. oe. ccesmcenscesssesie sucess eseseceserceesnecsos 46.5
WemethyolMPd vtwede cuistcascieescctass ccs cman vessdna scanisioreasaSecdee<Saie sos 10
NSO eet sitair ocas'shs vspswtdiegsvsnstegs tansmetindgonieses onus oteossneaene 7
Wengthh oftR2iig. cvsssoccd es tcadevese sie ssestedeshecssecemmeweseeesemectoss 9.7
Wa thio f eZee eeetis. scecisps.casisase ve ocaentioabicei ccstectnenSeetsaossigenseeaees 12
Weng thvoh ies: acres ccsyicceces desde sea ssdeedaish osienscacaasiuecemdesees meine 13
Wha dlth itt 2 Bsn sacrsiscecacawen sed decbe den netnctuweddus ovgecseecuidtine sss Setein 18.6
Ben Sotho Re Stak sec enece ccteema en eee ee cas oeeas Solemonees eve Loenancenacon eee 19.5
WadithuettPe nc saceacecwsess cee snort iowa aiseicie sie eiatiistr aujcers eis gneeictes ote ye om
fcenothvos mandible abouts. ..-+ceescatees asst es-secereceeen-ssceser seis 250
Width ag Ab eSyMOPMYSIS, MALLOW.ESts ve wesescsrasisweesses 26
Depth Gg Under, PL, cece veseerasriccsuesdecastaeeesescosessas 38
Depth 66 AUT C ETH MVEA nts orcs ttice accom Ginees os adios ehesieaatece 47
Length of inferior molar-premolar serieS............csseesseeseeeerees 98

From same locality as the preceding.

chyus? No.
718.

view of last

Crown

left upper
molar. Sage
Creek beds. 3

nat. size.

HYyRACHYUS.

No. 7138;
Represented by a solitary last upper molar found
about a half mile from Hepfodon (No. 717) and /yra-
chyus priscus (No. 784) described in this paper. It
resembles the corresponding tooth of //yrachyus tnter-
The ante-

Bie. 3.

medius (Princeton collection, No. 10,095).
rior cross-crest is more nearly straight, and being broader
at the base, makes the median transverse valley more
narrow. ‘The anterior inner cusp is more conical.
The anterior outer style (parastyle) is not so much
external to the anterior outer cusp. The posterior

outer cusp (metacone) is small, thin, laterally com-

DouGLass: VERTEBRATES FROM MONTANA TERTIARY. 159

pressed and low. It is much lower than the other three principal
cusps. ‘There is a strong anterior cingulum and a weaker one on the
outside of the outer exterior style.

MEASUREMENTS,

Mm
WEIS CuO te NUS aeeeecenemccmacctccncncn sess sec tcic tee ceeec enact ceceeenee 13
BRM TELO LIMO NO IVES come icioacian\sctiocsieNeauine cavavcsdstuvcderens cdeeususecaucrecriees 16
leighton antero-intermalcuspredesacessvceeece-csctere tees cess coeencoseetnee 9

From Sage Creek about seven miles northeast of Lima.

METAMYNODON ?
INO} 47734:

A horizontal ramus of a mandible with the alveoli and roots of the
teeth.

This jaw is somewhat puzzling. It was found in the beds on Sage
creek in a sandy lens or layer lower down than the stratum from which
the Hyrachyus ? tooth (No. 718) was obtained and not far away.
This specimen if found in the White River would be unhesitatingly
referred to the genus A/etamynodon, though it is very much smaller
than JZ. planifrons. But there is the same reduction in number of
the incisors and premolars, the enormous enlargement of the canines,
the great lengthening of the symphysis and narrowing of the pre-
molars. In minor details, too, it is the same, about the only differ-
ences being the smaller size, the more procumbent position of the
canines, and the thinner horizontal ramus.

The last incisors were quite large and in contact with the canines.
There were probably second incisors, but they were very small. Part
of the alveolus of one can be seen. ‘The three premolars were all
small. The root of the canines was very large and the two nearly
came in contact. They occupied the greater part of the symphysis.
There is a longitudinal convexity on the outer side of the one pre-
served. The symphysis extends backward to Pz and the posterior
part is wide.

One would not expect to find an animal apparently so like A/efamy-
nodon in the Middle Eocene, but the data are given for what they are
worth.

160 ANNALS OF THE CARNEGIE MUSEUM.

MEASUREMENTS.

Mm
Fromyanterior of canine to posterior Of Mir si cccevacescsiana tect + acess 208
Tengthvof.'symphysistianmarstecreceutecaetoeens ss casmes secre ceeemeomensees IIo

Width of posterior border of symphysis, between horizontal rami... 24

Widthiof Gaw iathcamimesys-ame.ssccscece tise: sctosececstessceeeseecteseres 60
Depth Sc Bum erwles sameement odesenscate obs tenet noses seccedeceemeranene 50
Depth es ae Nic amnesia noses ate cen scans ean sha deantaaboanreaanee 54
Thickness OES OMS Seacivscaclastinse caustareebacctoim sea tece oveteaacesst 32
Wencth of icamimeserncencercestine sostosee cua cu ecscsecsmett cactaecoateaestnses 28
Wiidthioficamimeseresnceet.<nceeceutc cjocsaoescmeseee atceeen mes oocnnteseanethees 25
enethiofediastemaibetween Cvand) Poi. .cscsssscercsecsessceseseeees 36
Men pthtornpremolarwseries sau tence eosapiaues vebccaeoeeueebeccasecetavons 46
(en gthiotmolary SCLe|S sre ccwnisecocesuSee ie! eas aiinws semeewmeces ceteess cect 100

From Sage Creek about seven miles northeast of Lima.

OLIGOCENE.

WHITE RIVER.

REPTILIA.
HELODERMOIDES TUBERCULATUS gen. et sp. nov.

No. 707. Figss4 ands.

Portions of the top of a skull and part of a mandible were found in
the beds on Pipestone Creek near Pipestone Springs in Jefferson
County.

The bone in the frontal region is thick and cellular, but is much
thicker farther forward. The top of the skull, as in /7e/oderma, is

Fic. 4. Helodermoides tuberculatus (No. Fic. 5. Same as Fig. 4. Part of
707), White River Beds, Pipestone Creek, mandible. a@, outer view; 4, inner
a, top of skull, upper view; 4, the same, view. Natural size.
lower view. Natural size.

DOUGLASS: VERTEBRATES FROM MONTANA TERTIARY. 161

covered with bony ossicles. ‘They are higher and more conical than
in that genus, and instead of being marked with minute pits are cov-
ered with little rounded wart-like protuberances. The larger ossicles
approach a pentagonal or hexagonal form at the base. Two, near the
middle of the head, are elongated transversely. Anterior to these
there is no bilateral symmetry in their arrangement or size. The
posterior ones, as in //e/oderma, are smaller than the anterior
ones.

The mandible shows three foramina on the outer surface. The
teeth, which are partly set in the jaw, are sharp, laterally compressed
near the apex, and incline slightly backward.

Length of fragment of skull, 4o mm.

MAMMALIA.
~PERISSODACTYLIA.
MESOHIPPUS LATIDENS sp. nov.
No. 751. Fis. 7.

The type of this species is a portion of a crushed and flattened
skull with the last premolar and the molars of both sides. It was
found in the Lower White River beds near Three Forks in 1899.

The most striking distinguishing
character of the teeth is the ex-
treme transverse as compared with
the antero-posterior diameter and

the much greater width of the an-
terior than of the posterior por-

tions. The teeth are more prim- Fic. 7. - Mesohippus latidens (No.
itive than those of JZ. datrdi. The 751). Last upper premolar and the

median tubercles of the anterior three molars of left side. Natural
size. White River beds near Three

cross-crests are much larger than 4,
Forks.

those of the posterior cross-crests.

The posterior intermediate cingular cusps are represented by only
a minute enlargement or thickening of the cingulum. There are
no cingula on the inner faces of the inner cusps except on M3.
There are faint median ridges on the outer crescents. The posterior
intermediate cusps on the cross-crests decrease in size from M1
backward. On M® this cusp can hardly be distinguished from the
cross-crests.

162 ANNALS OF THE CARNEGIE MUSEUM.

MEASUREMENTS.

Mm.
Length of (P= andtthessymolarsiecen-e-traeeerenaes sess asece-ecaccteetacses 42
henethvoremolawserlesnaaneae tees cee eee meee onl eeerer eae tes 32
Weneth ole? Sencar sc Gkt secure ee eee oaene asada saneres sugnd ona tes 10
Leng tol IME serene seal aticts orn dan Mea ckaenw ee clasice nse Pacesebarsoasaeedeaaee 10
Witd th of Macs 3.5 fra 2c tal eeanneser ean oaantasiaiig dss? «saiveesamandaaicuaseea 16
emo thio fe Viexiee ee aati eaten oe hace aed coca teanciteoreeeeee eee cemeeeeae as II
AYSVAGUE OTS oy elit LEApaye sai Pa Sy Da, PR mg Ra APE a a 17
en gthyo fim MLSE emma tascn cere cecmer suerte sche cane teaser or eer eenuaere eee: Il
Wirdthtotie Vis wate mr ante nce et a cemeete ce ne teceicer cementite esac ate 15.5

Found on Thompson’s creek.

ARTIODACTYLA.
TRIGENICUS SOCIALIS gen. et sp. nov.

No: $17. Fig: 6.

In the autumn of rgor the writer reéxamined a portion of the
lower White River beds on Thompson’s Creek near Three Forks.
In a place where fragments of several skulls (including the types of

S&

Fic. 6. Trigenicus soctalis (No. 817), White River beds, near Three Forks.

Natural Size. a, portion of skull; 4, crown view of teeth.

Limnenetes platyceps and L. ? anceps) had been found, the anterior
portion of another skull was obtained. It is laterally crushed at
muzzle. It does not exactly correspond with anything that has been
described, though it bears resemblance to several of the Uinta and

DOUGLASS : VERTEBRATES FROM MONTANA TERTIARY. 163

White River selenodonts. It looks as though it might be a descend-
ant of Leptoreodon.

The dental formula is C1, P4, M®. All are large and strong, except
P1, which is small, but two-rooted. It is separated from the canine
and P2 by diastemata. It is a little nearer to P? than to the canine.
The canine is, so far as preserved, of the usual Oveodgont pattern, but
is more compressed laterally. P+ is a laterally compressed subconical
cusp. The crown from the outside has a slight hint of the trifid ap-
pearance of the same view of P— and P* —that is, there are rudiments
of anterior and posterior cusps or lobes. P2 is large and has three
outer lobes. It is widest back of the middle. P-— is a little longer
and more triangular on account of the larger posterior inner lobe.
P+ is of the usual pattern in ruminants. Premolars 2 and 4 are nearly
equal in length. Only portions of the molars are preserved, but the
teeth are large. The teeth back of P+ show much wear.

The infraorbital foramen opens above the anterior portion of P*,
and the front margin of the orbit is above the anterior half of M2.
So far as I can ascertain from the crushed condition in this region
there were neither prelachrymal pits or vacuities.

MEASUREMENTS.

Vm
Bromfronyor canine tomront of (Orbit ssessmeseeectaccsetenscece oe ceueee 50
Wengthrofecanine eran asccnaqecssaecner ee tca ites cacorate cera csetew scenes 4-3
Wind thvofs Canin eNacccncteccs cacch cance tcacnses se nesG calenteeetneceseanntd ness 258
Wength of diastema: between, Cand PE wan... pacceeeceacetessnecses see 6
een ath Off pee Seema ere cate s-fee Snes ns bans eee anane ee see aces Bectrcas es gut
Width o fe ee ce Snares saa ese ited neaen oney eee cane 2
Length of diastema between P1 and P2...........cccccc coeceeeeeeeeee 4
Wenig thy oli: 2ce ee ste a sc ec wate eee sae see nee co ikane sna aUh eisenie cbs men es 7
BV GLa Sia Soe ss fees Sees ANNAE | cues pad ctciee © oe tee ah ode men eaenecae meee ase 4
Life) veg he) (6) 08 oA ae Ge oa Sanne Henne etna Oe cee eC ene ee eee 9
Wit CLE CG 9 eS Saii eed teas montanes ct uate ai cttoow ele cates eeeee eevee ncolee ss 5
VSaVE 0116) 0 So ee a = Sr Ri eee ae 7
WVVirch Ohne SS CSET A, Seen ae eas ace uLena a piccladesadacee ete nia ste aciseeaae ss 7
Wencthiofs Mts yes... ..ceecgenasnst sere {ABBR Gocate cor Bacor nn eer ocaceerter 7E5
MOM UE Ole Veter meee dee eens ice eceee eccrine Otek secwins doctelonssitstticess 9

OREODON MACRORHINUS Sp. Nov.
No. 767. Fig. 8.
In my paper ‘‘ Fossil Mammalia of the White River Beds of Mon-
tana’’ ' I described a species of Oreodo 1 under the name of ‘* Oreodon
17Trans. Am. Phil. Soc., Vol. XX., p. 264.

164 ANNALS OF THE CARNEGIE MUSEUM.

robustum.’’ 1 knew that the name had been given by Leidy to an
individual belonging to O. cu/bertsont, but considered the name still
available. I propose for it the specific name macrorhinus.

The skull is not much if any longer than that of O. culbertsonit
Leidy, but is very much heavier, and I think the differences are not

Fic. 8. Oreodon macrorhinus (No. 767), White River beds, near Toston, Mont.

One half natural size.

sexual. As seen from the side the muzzle tapers very little. The
enamel on the premolar teeth is wrinkled.

The nodular beds from which this was taken undoubtedly corre-
spond with the ‘‘Oreodon beds’’ of the plains region.

UPPER OLIGOCENE ?

CARNIVORA.
MESOCYON ? DRUMMONDANUS sp. nov.
No. 792. Figs. 9 and 10.

Of this dog there is the scapula, some fragments of other parts of
the skeleton, and a skull lacking the mandible. It was found about
three or four miles east of Drummond, near the Hellgate River.

As the lower teeth are not present it cannot be certainly referred to:
its proper genus. ‘The species, however, is different from any I have
seen. I cannot better define it than by showing how it differs from
Mesocyon corypheus Cope, and Cynodesmus thodides Scott.

Compared with J/. corypheus it is somewhat smaller, not so much
restricted behind the orbit ; the sagittal crest is not so elevated ; the

DouGLASS: VERTEBRATES FROM MONTANA TERTIARY. 165

nasals do not contract so gradually to the apex ; and judging by Cope’s
figure,’ they are longer; the posterior points-of the premaxillaries do
not approach so near to the anterior projections of the frontals, the
former being short fore
and aft. The tympanic
bulle are smaller. The
antemolars are less spaced;

Natural size.

the incisors are crowded.
According to Cope’s figure
p2, P3, and P4, exclus-
ive of the heel, are wider
but of the same length.
The heel on P2 and the
deuterocone on the sec-
torial are not so well de-
veloped; M2 is much
larger, the great differ-
ence being in the antero-
posterior diameter.

Comparison with Cyno-
desmus thooides.

The anterior part of the
skull is lower and nar-

Upper Oligocene? beds, near Drummond, Mont.

Side view of skull.

rower ; not so broad at the
post-orbital angles of the
frontals but broader at the
post-orbital constriction ;
the, temporal ridges con-
verge less rapidly; the pre-
maxillaries and frontals do
not approach so near each
other; the premolar teeth
are smaller, much lower,
and all except thefirst are

Mesocyon ? drummondanus (No. 792).

shorter. The deuterocone
on P* is less prominent ;

3. 9.

I¢

the transverse diameter of

FE

the molars is less.
1 Tertiary Vertebrata, P]. LXXI.

166 ANNALS OF THE CARNEGIE MUSEUM.

The basisphenoid is keeled. The brain-case is full and well
rounded out. The zygomatic arch is not widely expanded. The
frontals can hardly be said to have postorbital processes.

RAN AUA Ye
ute
i eV eh
KS) mM x \
Le if ‘|

Sh AA HH hy! 3
é Hye i) A
Z v] © Y a
- Q\ x
| 4 3
\ A Uy Z,

DO \
an :
S
i) ae
By >
g
Ss
8
Ay

Same individual as Fig. 9.

|
Wa

Mesocyon adrummondanus.

Io.

z2 Ne EBA f = n : Z . > kop . ~ : = =
\ . = = 3 = a= = 2
ee. ee
Wy y ————

Fic.

DOUGLASS : VERTEBRATES FROM MONTANA TERTIARY. 167

The auditory bulla is lost on one side and present on the other.
This lends weight to the probability that the absence of the bull in
some of the skulls of fossil dogs does not prove that the animals did

not possess them in life.
MEASUREMENTS.

Mm.
Length of skull to posterior of tympanic bulla.....................06 133
Width of skull, including zygomatic arches, greatest................65 80
Mire at pOSLOLpita Mi CONSITICHON: 65, <se--esakcrtsdovc.onss0%.essneeasee cee 23
Pen PrnOn WOlay- premolar SCMeS..n-scMeccsdisseav.scece senor concen tr sees 51

ARTIODACTYLA.
LEPTOMERYX TRANSMONTANUS sp. Nov.
ING. 726. Pig: i:
This is larger than Z. evans¢ and the teeth more advanced, the

infraorbital foramen is a little farther back than in the specimen
described by Leidy in his Extinct Mammalian Fauna. It opens

Fic. 11. Leptomeryx transmontanus (No. 726). John Day, near Drummond.

Natural size. a, skull; 4, crown view of teeth.

above the anterior portion of P?. There is a prominent malomaxil-
lary ridge which extends forward on the face as far at least as the

anterior part of P?.

168 ANNALS OF THE CARNEGIE MuSEUM

The teeth, judging by Leidy’s figures,’ differ in several particulars
from those of Z. evanst. In P2 the deuterocone is connected by a
ridge with the posterior portion of the tooth and by a narrow cingulum
with the anterior portion. P# is the same, except that the deuterocone
and the anterior cingular ridge are better developed. Thus the teeth
are successively approaching the true ruminant pattern of the fourth
premolar, which is fully attained in this species. The median and
anterior outer pillars on the molars and the last premolar are not very
prominent. ‘The inner and outer crescents of the teeth are not very
widely separated, yet the teeth are not so much worn as in the speci-
men figured by Leidy (Ext. Mam. Fauna, Pl. XIV., Fig. 5).

From the same beds as the specimen last described.

MEASUREMENTS.

Mm
Length of molars and last three premolars...............csceeseseeeees 41
Meng thoipmolam Series. .csccaseeosressmsesvoteccerssmenseerecedenanseenes 22
eno thy Of premolaneSenies....ccecescssocserecacscessssueeeacnens sees coe 20
ene thiyo teeta rcaescccws ceasacees-tsenmaerisesatiaaons ac sa cecmacecaacensees 7
Widthyof (Patra sBe asaadceccausaadacisxcosa sacs aeteunaineaee nag ceaecseaieecs 5.5
Wencithao filter eawenscecrorsacseasecsacsecisesaGeiederssresaccsmenscacseeoees 7.
IWidtliw Obple sare csncceaces cise cess tte caress wincwsaubasieocnentwiena see seme 6
Trem ott Olt ba, GeraysutassonauiasessscsceaGenoneon sauna ta veneseaanmesensuscests 6
Vd cli 0 taille Set wees Sameer oaenreae nec nsaei game eumamenuaes saacmemeememeeie 7
Wencthvof molars (eaChe Sits cassecsare oescoces tenes seas scuarssac- cree os 7
Widthyo Feil ete aaeeemersucire cons saeco bhccsmunsennsonee easiseeceeseens ness 8
Will thy seg VS oe ee rme sent aetistestcia sete ces auiateiasiosianie slsletodeiinctetaseetesren waanin: 9
Width of: MES ses con Scotus sab iaueialinsasclescad ee gaseadesions ieamecnanulesmances 8
PLETE OMMOLDIU: omenemm nen cece sete eeepacease menace eciens ace cersendlnem seas 21
en bMOt OMD Ue. ceceeeeasa ces seemeeeseciaemeremernasecee deleeceeceaecaciscr 24

PROMERYCOCH(ERUS MINOR sp. nov.
No: +769.) ..Pigsa2:

Of this species there is a large portion of askull and mandible. The
upper and posterior portions of the cranium are gone. All the teeth
are represented except I+. It was found near Drummond, on the Hell-
gate River, in the same beds with Leptomeryx transmontanus and
A Tesocyon ? drummondanus.

I refer it provisionally to this genus principally on account of the
form and size of the zygomatic arches. It seems to be intermediate

1 Extinct Mammalian Fauna, of Dakota and Nebraska, Pl. XIV., Figs. 1, 4 and 5.

DOUGLASS : VERTEBRATES FROM MONTANA TERTIARY. 169

between foreodon and Promerycocherus. It is a small species of
Promerycocherus, but larger than Lucrotaphus.

Dentition. —\— and ® are nearly equal in size, convex anteriorly
and flat posteriorly. They are of moderate size. ‘The upper canine
is quite high, is flat behind with sharp edges. Near the tip it is tri-
angular with three sharp angles, but nearer the root it is convex anteri-
orly. There is a concavity running lengthwise of the tooth in front

S—

—————

Wht

La

Cay

i

Fic. 12. Promerycocherus minor (No. 769). Upper Oligocene ? near Drum-
mond. Half natural size.

of the inner angle, but no high narrow ridge as in JZesoreodon.
There is a short diastema between this tooth and P1. The latter is
narrow and overlaps outwardly P?. Most of the teeth of the molar-
premolar series are narrower transversely than in JZesoreodon. ‘The
anterior and median buttresses on M2 and 2 are narrow and not heavy.

I,, and , have nearly the same size and form, are chisel-shaped, con-
vex on the posterior face, but rather thin antero-posteriorly. I, is
larger. The incisiform canine is still larger, triangular in section and
overlaps I, the interior portion of its anterior face being behind the
outer portion of that tooth. There is no diastema between the canine
and caniniform P!. This premolar is laterally compressed, lenticular
in section and sharp-pointed, having been made sharp by the wear on

170 ANNALS OF THE CARNEGIE MUSEUM.

the anterior edge by the upper canine. PP? overlaps inwardly P+ about
half its length. It also overlaps outwardly P3.

The teeth might be called brachy-hypsodont. There is a pro-
nounced tendency toward hypsodonty.

The Skudd.—\ cannot tell whether the premaxillaries were codssified
or not, but they are deeper above I4 than in Promerycocherus mon-
tanus. The infraorbital foramen opens above the anterior portion of
P+. The forehead in front of the supraorbital foramina is concave.
This is due in part, but, I think, not entirely to crushing. The
nasals are long. The preorbital fossz are not large or deep. ‘The
orbit is nearly circular. The zygomatic arch is moderately heavy, but
not so much so as in P. montanus. ‘The anterior portion below the
orbit is not so high as in P. montanus, macrostegus, and leidyt, yet it
is higher than in Lucrotaphus (Eporeodon ?) superbus. From its an-
terior part it expands posteriorly, reaching its maximum expansion a
little anterior to the postglenoid process. ‘The outer border is moder-
ately thick and rounded. ‘The posterior portion ascends less steeply
than in P. macrostegus or P. superbus. The longitudinal portion is
quite broad and long. ‘The lower border of the malar under the orbit
is longitudinally grooved. The bull were large, the paroccipital
processes small. The lower portion of the latter has three protuber-
ances on its surface, making it quite irregular. The upper portion
does not appear to have been much expanded laterally.

MEASUREMENTS.

Mm

Length from front of canine to postglenoid process inclusive........ 185

GC Votsmolar-premol ar SEnes..s2.c qsscacse + cinacnweaclereeiirce sie! tensors: 105

CO POL PLEMOAL SEM ESy rns sateen cucte oem cach scene ssoscescece dices 49

SG" MofimolariSerleS’.cccssenscadss sence soe suiieccneceses senclem sacs oeeeneetss 56
Plightot malamunden Orbit ass. seec-sescciee dois sercecs= ile cisieslelssciens 22
SCONE OLD teemecc respec cinstacs acces seck ese sececitastise sain eisipce ites oa 2

Iuengthiof mandible to back: Of, Meo. cisccsstessen ssccseieiswisionsiaiees ewer 137

se offlower molarpremolar Series: .cacric ce ociecicescinanissesccsesoass 115

SG Prem Ola Seles esc asdacetns ass elenaascenisecne sec he se aaccmsisemeneee 55

Depth of mandible nnder east, xo. se. -cssncaccesebar«socancesstansasstenve 30

MIOCENE.
FLINT CREEK BEDS.

All the specimens from these beds described below were found near
the village of New Chicago, in Granite County.

\

DouGLASS : VERTEBRATES FROM MONTANA TERTIARY. ed

REPTILIA.
OGMOPHUS ARENARUM sp. nov,
No. 744.

Three vertebree of a snake from the Flint Creek beds, were asso-
ciated with many small bones and teeth, among which were the hum-
eri of moles described in this paper.

The vertebrze not so long as broad. Centrum small, with no keel
but a broad convexity on lower side. Ball transversely elliptical and
facing somewhat upward as well as forward ; neural canal arch-shaped
with a median ridge or convexity on floor; the articular surfaces of
the zygapophyses horizontal; articular surfaces of the zygosphenes
quite narrow and facing outward and downward ; neural spine low
and not reaching to the anterior part of the neural arch; neural arch
large and zygosphenes almost as far apart as its width ; protuber-
ance for articulation of the rib quite prominent, higher than wide,
convex above and in front, and slightly concave on the posterior in-
ferior surface. The interzygapophyseal ridges almost die out midway
between the anterior and posterior zygapophyses.

Compared with O. angulatus Cope (Tert. Vert., p. 783, Pl. LVI Ia,
Fig. 13) the protuberance for the articulation of the rib is larger, the
vertebra proportionally lower, and there is no hypophyseal angle or
ridge.

MEASUREMENTS.
Mm.

Menothvof centrum! Ofvertebruecsccace-cesecoeenseescsceriacteneeses «sce. s scone 4
Widths ofaverte bral. cuersssccessnc sees sco cesecmecese cise mee tenicereer vadesenccts 5

MAMMALIA.
INSECTIVORA.
TALPA ? PLATYBRACHYS sp. Nov.
iivpe Nor v26. "Fig. 13:

In the same beds as the preceding (No. 744), associated with scat-
tered teeth and bones of rodents and other small animals, four humeri
of moles were found belonging to the same or closely related species.
One of these is nearly complete and I take it as the type of the
species.

The humerus is smaller than the corresponding bone of Scadops
aquaticus. It differs from it in having a narrower shaft, in this respect

72 ANNALS OF THE CARNEGIE MuSEUM.

more resembling Zadpa meyeri of Schlosser. There is a large surface
for the articulation of the clavicle. This is convex dorso-ventrally.
From the upper outer border a minute point projects outward. This
is not nearly so well developed as in Scalops aguaticus. The condyle

Fic. 13. Humerus of 7Za/pa ? platy- Fic. 14. Mylagaulus paniensis (No.
brachys (No. 728). Twice natural size. 844). Flint Creek beds. 3 natural size

or the scapula forms a quite high crescent-shaped ridge. The ridge
for the insertion of the /ecforalts major muscle is well developed on
the inner part of the humerus, but does not extend anywhere near so

far outward as in Sca/ops.
MEASUREMENTS,

Mm.
Sen othyoteuimmeruSs:enseerscee sec ce se cca asecideseapect ee ares a etoen ss 13
Widthiof proximal portionvof humervs...<.2--2sseccssacesiec«ceeicem ceases II
Wiadthtoft distal portiom ofshumeruss nn. 2. ce--eeacee sacs esedeeees se cceee 8

RODENTIA.
MYLAGAULUS PANIENSIS? Matthew, Bull. Am. Mus. Hist.,
Vol. 2cV Tap. 200,, 2002:
No. 844. Fig. 14.

A portion of a lower jaw containing the large premolar and one
molar was found in the Flint Creek beds. This and the type have
nothing in common except the premolar, but there is no essential dif-
ference in the two teeth. This individual was evidently somewhat
younger than the type, as the premolar tooth is higher and the ante-
rior outer enamel lake is longer.

There is one and only one prismatic molar, which was evidently
persistent, as it is nearly or quite as high as the premolar. ‘There is
in this specimen no trace of a molar posterior to it. The upper sur-
face is subcircular, approaching a pentagon. ‘There are four enamel

DouGLASsS : VERTEBRATES FROM MONTANA TERTIARY. 173
lakes, two inner and two outer, but these are more oblique than in the
premolar, inclining outward and forward.

The one persistent molar as distinguished from two that were often
shed in older animals distinguishes this speci-
men from JZ. monodon and M. ballensts.

Found in Flint Creek beds near New Chi-
cago, Mont.

MYLAGAULUS.

Isolated teeth. No. 732.Fig. 15.

A tooth, probably an upper premolar, from
the Flint Creek beds, has the outer enamel Fic. 15. Mylagaulus
well broken away, so that the structure of the (No. 732), Flint Creek
tooth can be plainly seen. The enamel lakes a Ge calles ah die ats
which appear on the worn upper surface of 5... a, a premolar tooth;
the tooth are the tops of compressed enamel 4, a molar tooth.
tubes which are closed at the bottom.

These tubes are transversely striated. See Fig. 15,@. A molar
tooth, Fig. 15, 4, shows the same structure.

The molar shows eight enamel lakes in four rows. Same locality
as the preceding.

of teeth. Twice natural

CARNIVORA.
ZELURODON ? BRACHYGNATHUS sp. nov.
Now 752. ohig. 726.

This is represented by a large part of a mandible and some portions
of the upper jaw with all the teeth broken.

As indicated by the remains, the leading characteristics that dis-
tinguish this from all other dogs are the following: Face and hori-
zontal portion of mandible greatly shortened yet without reduction
in size or number of lower teeth. Mandible deep and robust.
Especially heavy in region of symphysis. Teeth crowded and
P , and x set obliquely in the jaw.

The dental formula in the lower jaw and undoubtedly in the upper
is the same as that of the modern dogs (C. /upus, etc.). The greater
portion of the premaxillaries and small portions of the maxillaries
show that for the length of the face the nasal region was broad, the
anterior palatine foramina large. Incisors 2 and 3 were large; the
canine medium sized. P+ one-rooted, but not very small. The cor-
responding teeth of the lower jaw evidently had similar proportions.

174 ANNALS OF THE CARNEGIE MUSEUM.

The lower canine was set diagonally in the jaw. This is true of C.
lupus, but not to so great an extent, the anterior face of the tooth
presenting nearly as much outward as forward. The larger axis of
the root of P; is in the same direction. P5, 5 andzhave each a
larger posterior root and a smaller anterior one. ‘The anterior in
P ,and x is partly exterior to the posterior. The roots are closely

Fic. 16, A&£lurodon ? brachygnathus (No, 752). Flint Creek beds. Natural
size.

crowded. ‘The heel of the lower sectorial is mostly preserved, yet it
is injured so that one cannot be certain whether the pattern is more
like that of Zemmnocyon or of Canis.

There are two mental foramina, a larger under P and a smaller
one on a higher level beneath the anterior part of Pz. The posterior
portion of the lower border of the mandible in front of the angle is
very convex antero-posteriorly. The anterior ridge of the ascending
ramus in front of the masseteric fossa is large and high and the fossa
deep.

MEASUREMENTS.

Mm
Wength otmolarspremOlariSeries: sascsatcs-csaseceeeeseaee deci seeeseejesceee 58
Depthvotemandiblemund chile scesnesase cscs eee sacecs tes eet ase ceseit 19
Depthvorsmandib)] egundereh emcsessdccsaesseecdietss set ss esate ese 28

SUIDA.
HESPERHYS gen. nov.
No, 748, Fig. 17:

Mandible short and heavy. ‘Teeth uninterrupted except a short
diastema between the canine and the anterior premolar. Inferior

DOUGLASS : VERTEBRATES FROM MONTANA TERTIARY. 175

dental formula I;, C;, Pg, My. Premolars ; and g simple conical
cusps. Mz, with a heel composed of several small cusps.

HESPERHYS VAGRANS sp. nov.
No.7745. Hig: 27.

The type of the genus and species is a large portion of a lower jaw
exclusive of the ascending rami. It was associated with the bones of
Procamelus in the Flint Creek beds. There are also some fragments
of the skull.

I, is large and chisel-shaped. Near the root its antero-posterior is
much greater than its transverse diameter. On its anterior face it is
convex and on its posterior face concave with a median longitudinal

Fic. 17. Hesperhys vagrans (No. 748), Flint Creek beds, } natural size. (a)
Right ramus of mandible. Partly restored from the other side. (4) Crown view of
teeth of the same. All the lower teeth are represented except the first incisor.

convexity. I, is low-crowned, conical, with a prominent inner cin-
gulum. The canine is three-sided, the posterior side being nearly
flat. It is slightly curving and points outward more than forward.
P; and P are high pointed, simple conical cusps with heavy cingula.
P; is much larger than Py. In Pz the anterior portion is partly di-
vided as if another large cusp had grown up outside of the protoconid.
There is also a heel, but the tooth is not at all molariform. All the
molars have four principal tubercles, but by the addition of inter-

176 ANNALS OF THE CARNEGIE MUSEUM.

mediate tubercles they increase in complexity backward. M? has a
heel composed of one principal tubercle and three smaller ones. Not
having access to the types I cannot be certain that this may not belong
to some one of the Suidze described but can find no descriptions that

correspond to it.
MEASUREMENTS.

Mm.
From front of I; to back of Mg.......... So dedavsuduwsljageesaceoteessete 178
Depeh of mandi lemimd en gv i xscs sien taseness onccemmatcmecssccsenonese 50
@hickness of mandibletunder M>.........0.0.e+eeescesevessesecececsese 31
Wen pthyoligmolar premolar Sees wise incvoxnsevaeencereeby iansereeusianees 126
engthvoisonemolareerlesunsesscossestes-seeracersseseen sseeceeeseeeences 48
IenpthvOh amo lar Series. canasnscesmucedaetcanssaneanetednamnp sirens smesisns 78
Werigth Olga. cine setecsasnaotteccesteorsdnere ove ctaeovatuhesent arscacocoeees 12
Wid thyoty La waieetacdcwats science nsiaceniee aotalee souamacneceatoncene saanemecnes 9
MONS HOROT Mg. ce lasscessenGeepabisscshbatendstteacsammocseuennseertanttrexnees 16
Wit thot wee si Mia sasisasasessesscdssaaases sodpamaascarutcansssmoceeugesteosts 12
Wen SthyOl pe Teacsssasacdsssscsessstssenaetsasisedsornd jeccussassmelecoeacceaene 20"
Wit hiOf Pree tenacmscwsaciecee-cnaie ssecatcesendulosanar oncewsaguaeeneecioatins 16
Wen oth sok Me tcness.c secs sstaqs'orss cs anennsceeaceiion (seta. ots sstrncenccees 23.5
Wilting oft Morr. wedsesaicnossinn ossilasaaisesosslscaescastwdsnneceanessseaacseionsne 19.5
Wer o tno te MiSs er ossscn cess nasa. cveelsiie eel rAee ai saniecins staweaaetare res 23.5
Isength off Mig. s.c..as..cee+s Ss peste siste inte © vevlasiutalieinissoineenenseeetcats 30

From Flint Creek beds near New Chicago.

OREODONTIDA:.

POATREPHES PALUDICOLA gen. et sp. nov.
No. 845. Fig. 18.

A skull of an Oreodont found in the Flint Creek beds near the vil-
lage of New Chicago is different from any other member of the family
with which I am acquainted. ‘The principal distinguishing characters
are the following :

Skull elongated, not shortened as in Merychyus and Mervcocherus.
Posterior portion of skull including occiput broad, zygomatic arches
broad, heavy and spreading anteriorly, mastoid processes greatly ex-
panded laterally, tympanic bulle large but not rounded as in Hfo-
reodon, external auditory meatus forming a large wedge. Teeth
brachy-hypsodont, molars narrow transversely.

To these may be added witha slight doubt: Large prelachrymal
vacuities ; crest of occiput not much overhanging, premaxillaries not
coossified. ° As the skul] is somewhat mutilated and distorted I would

DOUGLASS: VERTEBRATES FROM MONTANA TERTIARY. Lal

not be too positive about there being prelachrymal vacuities, but if
not, there were certainly prelachrymal pits. On one side there is a
large circular space anterior to the orbits which has no bone and the
surrounding bone, in part, appears to be unbroken.

The skull is a little longer than that of AZesoreodon chelonyx Scott.
The nasals are lost. The malomaxillary ridge is high, very convex,
extends upward as well as forward, dying out near the upper border

i }
Vs i a

: ys

Fic. 18. Poatrephes paludicola (No. 845). Flint Creek beds. One half natural
size. Right view of skull, part of teeth restored from other side.

of the maxillary just in front of the lachrymal depression or vacuity.
The anterior borders of the premaxillaries are thick and they do not
rise so abruptly as in Aesoreodon or Eforeodon. The prelachrymal
vacuities appear to have been quite large. The sagittal crest was
high as shown by impression on surrounding matrix. The anterior
portion of the zygomatic arch beneath the orbits is broad, heavy, and
widely spreading, the outer portion curving downward, with the
border roughened and very concave antero-posteriorly. ‘The anterior
lower root is low, being only a little above the alveolar border. The
orbit is closed behind by a heavy bridge of bone. ‘The anterior tongue
of the squamosal is long and slender, terminating beneath the posterior
portion of the orbit. ‘This process and the posterior process of the
jugal overlap for a considerable distance. From opposite the glenoid
surface the zygomatic arch ascends slightly to where it is broken off
opposite the glenoid process. ‘The anterior portion of the arch is
broad and thick. It spreads far outward from the molars. The pos-

178 ANNALS OF THE CARNEGIE MUSEUM.

terior portion beneath is convex from the glenoid surface to the outer
border. ‘The glenoid surface is convex both antero-posteriorly and
transversely. The post-glenoid process is broad transversely but not
very thick.

The external auditory meatus is enlarged into a pyriform or wedge-
shaped mass of bone with the apex pointing downward. Where this
meatus is joined to the auditory bulla this process does not extend
downward so far. ‘The tympanic bulle are large but not symmetric-
ally rounded as in several of the Oreodonts. They differ on opposite
sides of the same skull, and one is larger than the other. One is ap-
proximately a quarter of a four-sided pyramid, with the apex pointing
downward. ‘The other approaches nearer to a cube. Posteriorly the
broad spout-shaped paroccipital processes clasp the bullee closely, as
if accommodating themselves to the forms of the bulla. The paroc-
cipital processes are rather thin antero-posteriorly, are concave in
front and convex — nearly angulate — behind, but are much expanded
laterally, as in AVerycochwrus laticeps. The basi-occipital has a median
ridge between the tympanic bullae which widens as it approaches the
occipital condyles. These condyles are small. Above the foramen
magnum is a very convex median ridge bounded laterally below by
two deep concavities.

The two anterior incisors, judging by the remains of the alveoli,
were small, the third much larger. ‘The canine was of medium size.
Premolar four and the molars have extremely narrow valleys, but the
teeth are much worn. ‘The molars are narrow with no ridges on the
outer median surfaces of the outer crescents. On the third molar the
anterior and median pillars are prominent but there is no large acces-
sory lobe at the postero-exterior angle, though there is a small one.

MEASUREMENTS.

Mm
Length ofiskulll along: palate, Etc. 2.70 cc.ccsesecsseseees+mescesissseceonsice 225
Length of face from posterior margin of Orbit..............ceeceeee neers 122
Widthonr skulllatiolemoid Surlace.s s.sssces sectescceesasieeceninacsiecmctarcens 152
Width: ofp skull at OrbutS2c, so cs isecaeaswo oajescanaabaieensissaies ecigesiieeeiesieicins 155
Breadth of palate at same place, including molars.................0000 74
Length of upper molar-premolar SerieS............cesssessssesesssererens 96
Length of upper premolar Series. ,...5..cecsccensssencenscenessosislosenceses 50
Wengthiof Wpper Molar SeMeS.ce.ses secs weicices oss csineciete vanes ese peo 4.0

Widthio fi Miz 2 caccnc cows aniecesadesisetecoa cists oisca re oeotinecmenasanee veo: es 18

DouGLASS: VERTEBRATES FROM MONTANA TERTIARY. 179

POATREPHES P

Nos 754:

In the summer of 1898 my traveling companion, Mr. Wm. T.
Coffey, found in the Deep River beds near White Sulphur Springs a
last premolar and three molars, with part of the maxillary of an Oreo-
dont which probably belongs to this genus. It was found with part of
a skeleton of Pa/comeryx and the incisors of some horse-like animal.
The parts preserved differ very little from the teeth of the animal
above described.

MERYCHYUS SMITHI sp. nov.
Nos 766; - lig 19.

Of this species there is the lower portion of the right side of the
skull with parts of the mandible. The upper molar-premolar series is
present and the lower series back of P;. The jaws have not been

Fic. 19. Merychyus smithi (No. 766). Flint Creek Beds. One half natural size.
Part of mandible restored from other side,

separated and the grinding faces of most of the molars are still hidden.
The teeth are of the brachydont pattern and are much like those of
Poatrephes paludicola, the species just described.
The upper canine was large. 2 is two-rooted and separated from
the canine by a short space. Py and P; are of the usual Oreodont
pattern.

180 ANNALS OF THE CARNEGIE MUSEUM.

The skull, especially the facial portion, is short. The malar por-
tion of the zygomatic arch is heavy and its lower border has two
rounded angles. If the post-orbital processes of the jugal and frontal
united at all they must have formed a very narrow bridge behind the
orbit. The squamosal portion of the zygomatic arch rises quite ab-
ruptly from a little behind the malar. On the postero-inferior portion
of this ascending portion is a long elliptical rugose convexity.

The meatus auditorius externus is peculiar. It opens backward, out-
ward and upward, the outer portion being a short, large tube. Inward
from this it is wedge-shaped, something like that in Poatrephes, but
in this specimen the apex is turned forward and fits closely against the
horizontal portion of the zygoma and the posterior portion of the
post-glenoid process. It is possible that in one of these specimens
the meatus is slightly displaced. There undoubtedly was a tympanic
bulla, but it is lost. The paroccipital process has much the same
form as in Poatrephes, but is not so broad. ‘The occipital condyles
and the foramen magnum are large. ‘The orbit is large. The infra-
orbital foramen opens above P3.

The portion of the mandible preserved is much like that of Zporeo-
don. ‘The lower border of the mandible slopes gradually backward to
the angle. ‘The masseteric fossa does not extend so far down.

MEASUREMENTS. Ma.
Wenothiof upper molar-premolar Series. f.s.a.c2.sc0sessseescsseescsessercns 88
Wengthyofe premolar Serves: .ceccece se rsnccwsenieoues sascds-onccoesterccuesesse: 43
BengthiroiimolarSeries.:...5.c.cccses tes, sasesenentea> sosascaie a oseeseacen sees 45
Depthiohzysomatic arch under Orbit: cep scsse<coececimscsseetisiievaseise oa tet 20
Width of auditory meatus antero-posterior. ............. ec cesses ee eee ne oe, 20)
Widthiot paroccipitall Process. cmarcrecwemscencesawrwrserecesnshsvevesiserens 21
Widthofroccipital condyles: c:.c.-nmsescsieciivcsce cesses sees eisiecse cess 43
Widthiofiforamen MAGNUM ..2.525.5 c.scentsass sod seca ciensitosl Seb seeeis 21
Depth of mandible under anterior portion of third molar............... 38

The name of this species is given in honor of my friend, Prof.
F. D. Smith, who so kindly gave aid and encouragement in the col-
lecting of fossils from these beds.

Mapison VALLEY BEDs.
PisCEs.
No. 857. Fig. 20.

The only evidence of the occurrence of fish remains in this forma-
tion is the centrum of one of the anterior vertebrae. It represents a

DOUGLASS: VERTEBRATES FROM MONTANA TERTIARY. 181

large fish. It was found in the beds of sand and gravel about nine or
ten miles south of Logan.

‘ Mm.
Mento Oh CeMIUM cecrcecccececaces<eeccescees 21
Width ‘ CUS adgabenccosdan cepedenaneneret 19

MAMMALIA.
RODENTIA.

SCIURUS sp.

Fic. 20. Vertebra of
fish (No. 857). Loup
Part of a left mandibular ramus from the Loup Fork, Lower Madison

Fork of the Lower Madison Valley. Valley. End view,
natural size.

No. 746. Fig. 21.

This is about the size of the corresponding jaw
of the black squirrel. The most noticeable pe-
cularities are the prominence of the ridge for the attachment of the
inner part of the masseterts lateralis muscle, the anterior position of
the anterior angle of the masseteric fossa, the length of the mandi-
ble anterior to the molars, and the anterior position of the mental
foramen. ‘The lower border of the anterior portion of the jaw as far
back as the beginning of the angle is the arc of a circle.

The length of the molar-premolar series is less than in S. vortmant,
and the mandible is not so deep. The premolar is the smallest tooth
of the series, and the molars are nearly
equal in size. The teeth are. oblique as in
Arctomys.

MEASUREMENTS.
Mm.
Length of incisor to back of Mg......... 24
Length of molar premolars................+. 9

SCIURUS ARCTOMYOIDES sp. nov.

Fic, 21. Scturus sp. NOS 74 i. se hlgn22.
(No. 746). Loup Fork,
Madison Valley. Natural ;
size. cisors and three anterior cheek teeth and

the greater part of a mandible. It was

with the skeleton of Palearctomys montanus in the Loup Fork beds
of the Lower Madison valley.

The upper incisors have a slight median longitudinal depression on

the anterior surface, which is also covered with minute interrupted

striations. The anterior premolar is minute. The last premolar is

A small portion of a skull with the in-

182 ANNALS OF THE CARNEGIE MUSEUM.

many times larger but not nearly so large as M1. The teeth are
intermediate between those of Sczwrus and Arctomys, rather more
resembling some species of the former. On P+ and M1 the three
cross-crests are very distinct and the posterior cingulum is well
developed. From the Loup Fork beds, Lower Madison Valley.

Fic. Scturus arctomyoides (No. 741). Lower Madison Valley. Natural size.

The lower incisor is laterally compressed and has minute striations
on the anterior face, like the upper ones. PP; is smaller than any of
the molars and has four tubercles. MM, and M, have four tubercles
each and minute inner and outer intermediate ones. ‘The teeth are
oblique, as in 4Arcfomys monax, only not somuch so. All the molars
are nearly of the same size. ‘The*mental foramen is placed quite far
forward, being considerably in advance of the premolar. ‘The anterior
angle of the masseteric area is higher than in Arcfomys and extends
far forward, being a little below the premolar.

MEASUREMENTS.

Mm
Wength ofthe anterior upper cheele teeth sc. csessesceceescenescssese 8
COMOTMaSteMneM Ola teas casas sce de se sieeisisaoe tlepiseseiesethtn sees care 3
Widthtofilastepremol atin sae cciise tec ot esiemc oomaensasiaslines deeciene «Ssocaisine 3.3
Weneth of lower molar-premolat Series... <5)... 22..:mse.ssessscseesnme ces 16
KC irom ClISOMLOWE—s specie ecisaceen pacweceeseee te ae essiseemsinsesin ds 12
Wepthyor mandi evumcler Mi psec ves access stseistonieeeiee si arise seiseies =i 12

PALZARCTOMYS gen. nov.
No, 740, Fig23.

Teeth nearly like those of Avcfomys, but small in proportion to the
size of the skull. Incisors large and strong, with many minute inter-
rupted longitudinal striations and two or more larger convex ridges
separated by shallow longitudinal furrows on the anterior faces.
Skull large and strong anteriorly, in this respect differing much from
Sciurus and Arctomys. Temporal ridges uniting farther forward at a

DOUGLASS : VERTEBRATES FROM MONTANA ‘TERTIARY. 183

greater angle than in Avctomys monax. The most peculiar character-
istic is the presence of two chambers opening posteriorly between the
posterior nares and the posterior portion of the palate. I have not
observed this in any other animal.

Palearctomys montanus is the type of the genus.

PALHARCTOMYS MONTANUS sp. Nov.
No. 740. Fig. 23.

This species is represented by a large part of a skeleton found in
the same beds as P. macrorhinus. The skull is longer in the pres-
ent species. The upper incisors have more longitudinal ridges on the
anterior faces ; the transverse dmeiater is somewhat less and teeth are

———>, SSE SS ==

STS

WAN

: SN
WIN
Sa | NW

cre

ig

Zi
\ YF

we

Fic. 23. Palearctomys montanus (No. 740). Lower Madison Valley. Skull
and mandible. Natural size.

longer, 7. e., they project farther from the jaws. The skull does not
differ greatly from that of Arcfomys monax so far as shown except in
what, for convenience, I will call the jost-palatine cavities, and in the
size of the muzzle. The incisors are very much larger than in that
species. Not all of the skull is preserved.

The mandible resembles that of Arctomys, but is very much more
robust. This is especially noticeable in the anterior part, where it is

184 ANNALS OF THE CARNEGIE MUSEUM.

very heavy, and in the condylar process. ‘The symphyseal suture is
large. The anterior part of the jaw is farther strengthened by a ridge
which passes from the upper part of the symphyseal suture obliquely
around the outside of the jaw backward and downward to the chin.
The anterior border of the coronoid process slopes upward and back-
ward uniformly, in a nearly straight line, to near the tip, where it is
broken off. ‘The lower teeth are much smaller than those of Arcfomys.

The other parts of the skeleton so far as preserved are much like those
of Arctomys.
MEASUREMENTS.

Mm
Meng thwonSkull\.sicsssdcbeacaahsaseeces case deateceeenedeaoae case necneese cess 100
Length from anterior of incisors to posterior of zygomatic arch....... 78
Width ofpskull’at post-onbital COnStrichloD ect. ceca. csi eacieisesien cite ase 21
Depth of snout just anterior to anterior root of zygomatic arches.... 27
Depthajust DACK Of INCISOL..s0<cequssyclorsenasebaseeeaeeans se nasamuicetie scene 25
Wadthajust back vOfimCiSoresasnecscnsdcs seers sssecee ce senseentse eectecie se 32
Antero-posterior diameter Of upper INCISOVS........2.s+cecscenerestieceses 9
iiransyerse-diameter-of Upper IM CISOLS yeac.ncerserecertt sec can os neereacee 4.5
Wength of mandible including ancisOr:s..ce..0-2. eee ccc eceteecaceecesans 70
Wenothiot lower molar-premolar SereSies..::.-.ceescscereoe se secneeseses 15.5
Depth of mandible of middle of symphysis..... .............2seseeeeees 14.5

PALEHARCTOMYS MACRORHINUS sp. NOV.

No. 733. Figs. 24 and 25.
The type of this species is a skull, lacking the nasals and the pos-
terior portion of the cranium. ‘The skull is very robust and about the

Zp
Rove >*

Fic. 24. Palearctomys macrorhinus (No. 733). Lower Madison Valley. Skull
from right side. Natural size.

size of that of 47cfomys monax, but the region in front of the orbits is
very much deeper and wider. The incisors are also much larger.

|

DOUGLASS : VERTEBRATES FROM MONTANA TERTIARY. 18)

Each has three longitudinal convexities on the inner face, also many
minute wrinkles or discontinuous striations covering these.

The cheek teeth seem ridiculously small for such a large, robust
skull. It seems that the animal was particularly fitted for gnawing, as
Mylagaulus was for grinding or breaking hard substances. The third
premolars (the first of the back teeth) are both shed, but the alveoli
show that they each had but one small root.

d sod

S2IN00
ouiae

= ST

SS

Fic. 25. Same as 24. Lower view of skull. Natural size.

The infraorbital foramina are vertical slits opening at the anterior
roots of the zygomatic arches nearer the orbits and higher than in
Arctomys. Above the molars and inside the zygomatic arch at the
lower portion of the orbital fossa is a large convexity. Another is
placed above and in front of it. At the posterior portion of the palate
is another peculiar structure. There are two cavities between the pos-
terior portion of the palate and the opening of the posterior nares.
Iam unable to determine in just what proportion the palatines and
pterygoids enter into the formation of these cavities. The form is
very well shown in the figure. They extend forward a short distance
above the posterior portion of the palate. Whether they open ante-
riorly into the posterior nares is not quite certain, but if so the open-
ing is small. The roof is thin. The posterior border is thick,
rounded, and V-shaped. ‘There is a thin partition partly separating

186 ANNALS OF THE CARNEGIE MUSEUM.

these cavities. The posterior opening of the nares is about the same
size as in Arcfomys, but it opens more downward, as the basisphenoid
is more steeply inclined.

MEASUREMENTS.

Mm
Length of skull to posterior portion of zygomatic arch...............65 63
WidthvofiskullMbetweenml tOrbits scr tease steenacccessss aes coes ec ounnwr ode tees 30
Greatest width of skull including zygomatic arches...............0ee008 60
Depth of skull at anterior beginning of zygomatic arches.............. 22
Width of; palate’ between first’molars.......0c...:so.scscsecsseoteeeessoesee 15
Length-of molar-premolanS€ri€s. is. winasssonswisweaeducsooorsces oberuerone 16
Antero-posterloridiameter of Upper IMCISON....-...-sscesceedseeccseseseoees 7
Mransverseidiametersof upper i ClsOre:..ctes.ssscsesessseeseseeensevccseres 5

MYLAGAULUS COPE.

Several lower jaws and teeth of Mylagaulide from the Loup Fork
of Montana throw considerable light on the tooth structure and the
development of the characteristic dentition of this family. No skulls
were found, but the upper dentition undoubtedly kept pace approxi-
mately with the lower. This is true of the species Cerafogaulus
rhinoceros Matthew, and AZjy/agaulus levis Matthew in the American
Museum of Natural History.

The specimens here described may not all belong to the genus.
Mylagaulus, but they undoubtedly belong to the same family. I
think it better to include all under J/y/agau/us until more complete
material is found.

In one specimen (J. pristinus) the erupting large premolar was
apparently pushing out with its posterior portion a short-crowned,
long-rooted tooth. Its anterior portion is replacing a tooth only a
portion of one root of which remains. In two other specimens the
large premolar has missed this short-crowned, rooted tooth; or the
anterior portion of the latter has apparently been absorbed and its
posterior portion still remains between the large premolar and the
first prismatic molar.

There can be little doubt that this last rooted tooth is a mz/k molar.
It is not at all prismatic, has long roots, is much worn in the young
animal, and in one case is being shed. ‘The permanent premolar and
the two permanent molars are prismatic. In the descriptions which
follow, the rooted tooth above described will be designated as the
fourth temporary molar, dmz. If the above conclusions be true the
large, permanent, prismatic premolar replaces two temporary molars.

DouUGLASS: VERTEBRATES FROM MONTANA. TERTIARY. 187

In one specimen the posterior inner root of dmg is still preserved in
place.

It appears, then, that the young of JA/y/agau/us has two milk molars.
If all described below belong to AZ/agaulus at a certain stage during
the life of the animal, there are two milk molars and two permanent
molars ; while in some cases in old age there is only one tooth to take
the place of all these-—a large premolar. Thus it is not improbable
that some individuals which had twenty teeth at one time of life were
finally reduced to four.

The molar that is wanting in the adult animal is apparently the
first, as there is no evidence of the loss of Mz. The development of
the first molar is evidently prevented by the large, permanent pre-
molar. Perhaps under favorable conditions rudiments of M; might
be found. |

MYLAGAULUS ? PRISTINUS sp. nov.
No.742." Hig.26.

Mandible robust. Anterior and posterior angles widely separated,
the former extending far below the lower border of the horizontal
ramus and rounded, the latter oblique, high and projecting laterally
far outward. Permanent premolar large, very high, and with short
roots. ‘The fourth temporary molar, which is retained in the present
specimen, is short, low, and has long roots. Molars ; and s are of
moderate size and hypsodont. The enamel inflections and lakes on
the last temporary premolar and the two molars are either antero-
posterior or oblique.

The large permanent premolar, though quite young, is somewhat
worn on the grinding surface. It has six enamel inflections, most of
which are oblique. ‘To ascertain the form of the enamel pattern far-
ther down, the tooth was sawn in two about half way frorn the top of
the crown to the root. Here, as shown in Fig. 26, c, the pattern is
exactly that of A//agaulus. There are five approximately longi-
tudinal lakes in three rows, as in J7. paniensts.

M.,, is nearly worn out. It is closely crowded against the premolar,
and on the anterior portion next to this tooth the enamel is absent.
Like the corresponding tooth in specimen No. 723, to be described
later, it looks as if the anterior portion of the tooth has been absorbed.
If the animal had lived the tooth would evidently soon have
been shed. M, is prismatic and quite high though its lower portion
cannot be seen. Mz, cannot be very high on account of its proximity

188 ANNALS OF THE CARNEGIE MUSEUM.

to the posterior portion of the incisor. It is undoubtedly much like
the corresponding tooth of No. 723.

It is possible that in old age one or both of these molars were
shed, leaving only the prismatic premolar, as seen in JZ. monodon, or
this tooth and M,, as in JZ. pantensts ?

This species differs from J/. monodon in the size of the permanent
premolar, in the number of enamel inflections, in the angle of the
mandible, and in the condyle. ‘The posterior angle is not just like
anything I know in any rodent. It projects outward and‘is twisted

Fic. 26. Mylagaulus? pristinus (No. 742). Lower Madison Valley. Left
ramus of mandible. $ nat. size. a@, side view; 4, the same, top view showing
crowns of teeth ; c, the same showing section of P; at place indicated in a, where
the tooth was sawed in two. ?

on itself so that anterior surface faces upward and forward more than
outward. ‘This terminates in a lenticular-shaped surface facing down-

ward, backward and ,outward.
MEASUREMENTS.
Mm,
Length of mandible from anterior of incisor to posterior of condyle 45
engthvofibacksseries! Of (teeth. irc esesscestcewsetecsrevseerueecesessers 13.5

DouGLASS: VERTEBRATES FRCM MONTANA TERTIARY. 189

Depth of mandible at prismatic premolar .. .............escseecesceeees 13
Depth of mandible from top of condyle to bottom of angle...... 30
Mele ts OM PLEMOLAN creek sosancadavtusceeestasderdyeneehaethaccees sh aemere 14
Meneth of premolariat alveolar DOLrder. ...2:.....csecccessacertsceceseee 6
RSE GMa Wier odes va Sel Manica scida cat uds buds Gi'ees Jc@idalds vit ebuaesiansssasuetas 4
AICO Mitrunwanereerccdeccecec ccna c.secceadecsets cc vsshecs ta dnenceee acess 3
LLG ANGE Ni Saepcodonqonaod DocEDobCOC UO CES BudUC CB EBeCUCO MPR QGaEx OcsOnue 3
WW thu Olk ie meeacn ser qsemetioncece: cece sccnsmeiceceriionnactss sasccveler acwadentae 2.5

Found in bluffs of Lower Madison valley, Montana.

MYLAGAULUS PROXIMUS sp. nov.

No. 842.

Fig. 27.

Part of a mandible with the anterior portion and the angle gone.
It is smaller and less robust than the corresponding part of JZ. prox-
imus, not being so deep, so thick, or so long. The condyloid proc-
ess is shorter and not so broad antero-posteriorly, and the articular

process is broader transversely.
This is a somewhat younger ani-
mal than the preceding.

When the animal died the large
permanent premolar was erupting
and had nearly reached the alveolar
border. This tooth, being much
larger than its two predecessors, the
portion of the jaw containing the
roots of the latter had to be ab-
sorbed. A small part of this alve-
olar portion, with one root of the
anterior temporary molar remains
above the postero-external portion
of the large premolar. The last
temporary molar being unreduced
in antero-posterior diameter was
being pushed out by this new tooth.
This last temporary molar has a
larger grinding surface than that of

Fic. 27. Mylagaulus proximus (No.
843). Lower Madison valley. % nat-
ural size. a, inner view of portion of
mandible. The large permanent pre-
molar eruption. 4, the same, upper
view; #, permanent premolar; @,,
d@p;, temporary molars,

M. proximus, but is low, nearly worn out, and has two long slender roots.

P is not as large, but it would undoubtedly have become larger
as there is a considerable space between its posterior border and the
anterior border of M;. ‘This last tooth is long vertically on account

190 ANNALS OF THE CARNEGIE MUSEUM.

of its greater age, longer than the premolar. It appears to be open
below and not to have completed its growth. It is very doubtful if
this tooth would be shed during the lifetime of the animal. It had
not yet come into use, at least it is not worn, though it projects some
distance above the alveolar border. My was just erupting. Evidently
the two temporary molars and the two permanent ones were about

equal in length and width.
MEASUREMENTS.

Mm
Depth of ramus under last molars ..5.2 52. .ssn.sscecem sesisasicas sssissmcsices 11
Wengthiofidental CSenies: ssn. ciaweisecsvseese ose ssc semassinnsiste esos lel smaenes 13
Antero-posterior diameter of immature permanent premolar........... 6
Ikength’of<dm7‘and ms, and), €achic.cceswessssiess dese veneeesnsnsevssoes 3

Same beds as the preceding.

MYLAGAULUS sp.
Nor 72e32, » Big. 28.

This specimen, which is a portion of a lower jaw, has lost the pris-
matic premolar, which judging by the inner portion of the alveole,

Fic. 28. Mylagaulus? (No. 723). Lower Madison valley. 3naturalsize. a,
portion of jaw showing alveolus of Pz , dpz? and M,? M,?; 4, crown view of same,
P,; a/, alveolus of permanent premolar, dp; temporary premolar.

was proportionally as large as in the specimen just described. The
last temporary premolar is much reduced, as if by partial absorption,
as in the specimen of 47. proximus (No. 842). Its antero-posterior
is half its transverse diameter. ‘The crown is nearly worn down to
the roots. Mz, is not so high as in AZ. pristinus. Mz is still lower.
Both the molars might be shed in old age.

DouGLAss: VERTEBRATES FROM MONTANA TERTIARY. 191

MEASUREMENTS.

Mm.
Brom urontrOleqnCisor tO DACK Of ws. ccaccsscesssscarcusecececsncosieccens 26
Length of alveolus of permanent premolar...................eeeeeceeees 6
MENGE OL APs cccsencvessaeevuss i dudeddgdscadacsbEgdasacasoedacananoNcaatbcds 1.2
rel sen ere ces tnger sree ocases ant rovsucTackansenspa acess demesncust ie 3

From the Lower Madison Valley.

MYLAGAULUS PANIENSIS ?

INOW 31.4 Lies 29;

A separate permanent premolar (No. 731) found in the lower Madi-
son Valley beds, may belong to the above named species. It is figured
to show the partial covering of cement which is quite thick on the
middle portion of the tooth, but thins out to
wards the top, so that the enamel is nearly bare.

RODENT.

No. 802.

An incisor tooth from the Loup Fork beds of
the Lower Madison valley indicates a large rodent
—larger than the existing beavers. Judging by
its curvature it is an inferior incisor. On the
anterior surface there are about a dozen small lipitnds = panionsie.
longitudinal striae with still smaller cross-stria- (No, 731), Lower
tions. The striated enamel surface reaches from Madison valley. 14
the anterior inner angle of the tooth, where it natural size. a, per-
is bounded by a longitudinal groove, to near the ™#nent premolar, side
middle of the outer surface, where it ends
abruptly, this surface being somewhat elevated
above the surface just posterior to it. The antero-posterior is much

BIG, 220: My-

2

view ; 4, same, crown

view.

greater than the transverse diameter, making it less near an equilat-
eral triangle in section than the corresponding tooth of the Beaver,
Castor canadensis.

Mm
AMitera-posterion diameter, Of tOOth <. sscrceseceleacesnasenscsactcssecsesies 12
BIE ANSVELSCICIAMELCLSeh ccs eeaecadracccrec csseceseccecsenene sont aeeninosts tenes 8.5

192 ANNALS OF THE CARNEGIE MUSEUM.

CARNIVORA.

MUSTELA ? MINOR sp. nov.
No 48-4 Fig7 30.

The type is a left mandibular ramus, lacking the incisors, the coro-
noid process and the condyle. It was found in a clay cliff near the
bottom of the Loup Fork beds in the Lower Madison Valley. It is
smaller than the corresponding part of JZ. ogygéa Matthew,’ being a

. little over one half the length. The
canine jis semi-procumbent. There
were three premolars. Py is lost, but
its two minute alveoli can be seen;

the anterior one is confluent with that
BN SO re enor (No. of the canine. P,| has a rudimentary
ae pena a ra heel. In Pz the heel is better devele

: oped and there is a small accessory cusp
on the posterior outer side of the protoconid. There is also a small
anterior rudimentary cusp. ‘The carnassial has a well-developed inner
cusp. Ms, was small and set partly in the ascending ramus. The
angle of the jaw is nearly like that of the common weasel. The
masseteric fossa is very deep.

Iam in doubt whether this should be placed in the genus JZuste/a,
as it differs from most or all of the known species in having only
three crowded premolars and having a well-developed metaconid on
M,. ‘There are other slight differences.

DINOCYON OSSIFRAGUS sp. NOv.

No. 790. Figs. 31 and 32.
Portions of the skull and teeth of this large carnivor were found in
a sandy stratum in the Loup Fork beds of the Lower Madison Valley.
Enough of the fragments have been fitted together to give some idea ot
the great size of the animal. Judging by the parts preserved it was
much larger than the grizzly bear, but not quite so large as the cave
bear, Ursus speleus. ‘Theskull was evidently not less than seventeen
inches in length and probably considerably longer. The length of
the last upper premolar and the two molars is nearly the same as that

1Fossil Mammals from Colorado. JZemotrs Am. Mus. Nat. His., Vol. 1., Part
ViIle3 ips 383; Higs.vo.and 9:

a re

DouGLASS : VERTEBRATES FROM MONTANA TERTIARY. 193

of the corresponding teeth of Am/phicyon major which is figured in de
Blainville’s Osteographie.

The face is short and the teeth crowded together without disaste-
mata. ‘The last three premolars are preserved and there appears to
have been a small first premolar. A part of the posterior portion of

Fic. 31. Dinocyon ossifragus (No. 790). Lower Madison valley. One fourth
natural size.

the alveolus of the canine is present and is but a slight distance in
front of P?. What appears to be a small portion of the alveolus of
P1 is also preserved, but it must have been small and crowded be-
tween the canine and P?. The posterior portion of the skull, espe-
cially the mastoid portion, is massive. The mastoid and postglenoid
process are bear-like, while the teeth have the general pattern of those
of the dogs, but are low, strong, blunt, and simple, as if formed for
grinding and crushing rather than for cutting. The worn condition
of the teeth shows further evidence of this. ,

There is a deep concavity in the face posterior to the root of the
canine and anterior to the infraorbital foramen. The foramen opens
into this concavity. It is above P4, is oblong-elliptical, and opens
forward and upward.

Just above the foramen magnum the occipital projects backward and
is separated into two lateral concavities by a deep median groove.
The occipital condyles are broad and the articular faces quite widely
separated below although this character is not shown in the figure.
The basioccipital has a sharp narrow median ridge and there are two
lateral convexities about one inch forward of the condyles.

194 ANNALS OF THE CARNEGIE MUSEUM.

The dental formula, as previously indicated, was probably I, C1,
P4, M2, though possibly there were but three premolars.
The third incisor —the only one preserved — is caniniform, and
posteriorly there is a groove worn by contact with the lower canine.
2 is oblong, the apex being anterior to the middle. P#® is much
longer and the posterior portion is broader than the anterior. P+ has
no anterior inner cusp, but there is a broadening of the crown with a

Fic. 32. Diénocyon ossifragus (No. 790). Loup Fork, Lower Madison valley.
4 natural size.

gentle slope to accommodate the inner root. M1! is broad, its trans-
verse being far greater than its antero-posterior diameter. The outer
cusps are worn down to two slightly convex areas. The inner cusp is
low and crescent-shaped. ‘The inner cingulum is broadest and most
prominent postero-internally to the inner cusp, where it forms a large
evenly convex ridge. The second molar on the right side does not
appear to be a normal tooth.

DouGLASS : VERTEBRATES FROM MONTANA TERTIARY. 195

I include this provisionally under Denocyon on account of the num-
ber of upper molars, and the shortness of the face.

MEASUREMENTS.

Mm.
Length of the last 3 premolars and the 2 molars...............2.0+5 126
Meno tote Ara. cess ccc acecsrceccserts wot asics eine sciew'es slo viseslabieeleciesietys 17
RU TOLU ER pote cee cct na harte cot raw acias Renews oScoaimes ince soleesiccuicewentbe II

Ben gtheOl eh = tree dencccerocscn once teceasencarseccssececsecatantecccedeevs 23.5
VV ne eee ere atecroise tere isso ns ealae east Omnsicaicecine ieee aceite onewiesiess 15
Wen pivot Te sgpe.seke ere nicecesnee casese re deethataenrelnnceiaecsioe de sacesici 35
WV CSS CSU tease cncieacceesweieatissmaasenee cee savanesmdaceiwaws bie des 22
Length of M+ ..... Perea eee ERNE Senne ae aaa eRe Ee am MESES cera cela 30
VSG neg coe Sane chc Coie annus Aegeestedawe se oeaisseiceshe s/s seice a cissis =i 41
Wiaeh ofoccipital condyles s. crest scoaciesae soscntacssvecerseaneccsntaena 72
CeO TOLAMEN MAONUM Ack eeaceccesenes soeee es seasee cckseeioniss- 28

PERISSODACTYLA.
APHELOPS ? CERATORHINUS Sp. Nov.

No. 357. ~Pigs: 32,34 and 35.
Part of the skull, mandible and limb bones of one individual were
found together, in the Lower Madison valley, about five miles south
of the town of Logan. Other portions of skeletons were obtained

Fic. 34. Aphelops ? ceratorhinus (No. 857). Nasals. Loup Fork. + natural size.

which may belong to the same species, but they are not now accessi-
ble.

Size large. Nasals long, heavy, and horn-bearing, Molars and
P4 with anterior process to posterior cross-crests. P+ small, the others

196

ANNALS

4 natural size.

of right side.

3. The same individual. * Upper teeth!

=
~)

FIG,

44; ‘Wt!
Mp rfy +44}
Sp goyll

1/,

Ii

1

Mi

OF THE CARNEGIE MUSEUM.

Il

uf
/} Lea
Wl |

LALLY
ly

|
|

Symphysial region not correctly

4 natural size.

Inner view.

Loup Fork. Left ramus of mandible.

Fic. 35. Aphelops ? ceratorhinus (No. 857)-

shown in figure.

——————

a ee a es

~ te “eae Se

DouGLASS : VERTEBRATES FROM MONTANA TERTIARY. 197

with cingula around posterior cross-crest. Small, inner, median, in-
termediate tubercles on P2 and 8. Mandible long and slender.

The teeth are much like those of 4. malocorhinus, but the nasals are
different. On the top near the extremities'are convex rugosities in-
dicating the presence of horns.

MEASUREMENTS.

- Mm.
etig thy Ob pMasall MEOCESSES: ccaiaiee odscnsaecncuns caste doease -wslseese ceeds cate 178
Length of upper molar premolar Series, ............c000+cocesseccececsssee 208
Length of lower molar premolar Series ............cseseccsoceccencecceces 250
Length of mandible to anterior of Py.............cccceecececeesscscscecees 440
Blepth, Of mandible wad ery Meee. sie corcnccvitucks covde sends ovssecececestecs 108
EN UNOn MANGI ble UNGer bey. s.sckves cuncdecdvececc hawes: sccletedk sees ccet 84

ARTIODACEY IGA:

PALEZOMERYX ? BOREALIS ?
No. 806.

A portion of the middle upper portion
of a skull with the bones broken off at
the bases agrees in ever particular shown
with Paleomeryx? borealis from the
Flint Creek beds, and it undoubtedly
belongs to the same genus if not the
same species.

MERYCODUS ? NECATUS? Leidy.
No. $57. Fig 36.

Part of an antler from the Madison
valley is much like the one figured in
Leidy’s Extinct Mammalian Fauna as
Cervus warrent. It is longer and the
burr is higher above the base.

MERYCODUS ?

- Now So4. ~ Fige 37.
Fic. 36. Merycodus ? neca-

tus? (No. 857). Portion of
antler. LoupFork. Lower Madi-
son Valley. 3 natural size. tionally higher. The burr is very large

This is quite different from the pre-
ceding. It is much larger and propor-

198 ANNALS OF THE CARNEGIE MUSEUM.

and is nearer to the base of the antler. Above the burr the surface

is much roughened.

PROBOSCIDEA.

MASTODON.
Nor 785.

In the collection from Loup Fork beds of the Madison valley is
the mandible of a young mastodon, which is of interest on account

Hi)
ANS ha! fee
Rei
\\\\ Wy Gt
\ yo A h, Wy t
\\\\ en
\ \ \\ ( A 1
K\ )
eae
KW 4
an)

EE OSS

SSS

1 Mel
= | | WSs
(( ae TK y)
Winer

} M q
Wa

Fic. 37. Mlerycodus ?
(No. 804). Portion of
antler. Lower Madison
valley. 34 natural size.

of its possessing the milk dentition. On one
side the first premolar is present. It is a small
tooth, only a fraction of the size of the suc-
ceeding one. It is elliptical in section, be-
ing longer than wide. ‘The anterior portion
is conical. Back of this and separated by a
shallow transverse groove is a double heel or
perhaps a rudimentary cross-crest, which by
another sight groove is divided on top into
two lateral tubercles, the outer one being the
larger. dp, is worn on the grinding surface.
There were two principal cross-crests: the
posterior ones are the larger, and the outer
portion of the latter is much larger than the
inner portion. Three small circular spots where
the enamel is worn through indicate three
tubercles on the anterior portion of the tooth.
There was also a posterior median tubercle
behind the posterior cross-crest, and on the out-
er side of this a smaller mammillary tubercle.

On P, there are three principal cross-crests
with at least two anterior and two posterior
accessory ones. ‘The principal cross-crests are
high and unworn, and each is composed of
two principal tubercles. The inner ones are
the larger. Of the two posterior tubercles
composing the heel the inner one is slightly
the larger.

P was still buried in the base of the ascending ramus back of P.,
showing the mode of succession to be just as in modern. elephants.
It was composed of three principal high cross-crests each with two
cusps, as in Pz and the tooth was nearly of the same size.

DOUGLASS : VERTEBRATES FROM MONTANA TERFIARY. 199

The symphysis was quite long. The distance from the symphysis
to P; is about the same as the length of P 5.

The mandible is that of an individual so young that I cannot at
present assign it to any species.

EXPLANATION OF PLATE.
Contact showing unconformity between White River and Loup Fork beds, near
Big Round Top about nine miles north of Logan, Lower Madison valley, Montana.
The lower distinctly stratified beds are White River and at adjacent localities
numerous fish remains were found. The upper less regularly stratified beds are Loup
Fork and contain fossil plants and mammals.
CARNEGIE MuseEuM, February 25, 1903.

‘BURJUOW) ‘URDO JeAEU ‘4104 dNO7 puke Jariy a}IYAA USEMJeq JOR}UOD

"IE RId ‘IL ISA 'ANSSNW JIDSNYVD STYNNY

¥

VI. DESCRIPTION OF A NEW GENUS AND SPECIES OF
TORTOISE FROM THE JURASSIC OF COLORADO.

By One baw:

PROBAENA gen. nov.

This genus and species is based on a single specimen, which was
collected in Jurassic deposits, more specifically, in the lower por-
tion of the Morrison, or Atlantosaurus, beds, in the ‘‘ Marsh Quarry,’’
on the Felch ranch, eight miles north of Canyon City, Colorado. The
specimen has been kindly put into my hands by Prof. J. B. Hatcher,
Curator of the Department of Vertebrate Paleontology of Carnegie
Museum, Pittsburgh, Pa., to which institution it belongs, and by whose
collector it was secured in rgo1. Its museum number is 917.

A genus closely related to Aaéza, but with a more depressed carapace,
the hinder border of which is little or not at all notched. Vertebral
scutes broader than the costal scutes. Plastron with its hinder lobe
rounded. A fontanelle (permanent?) between the inner ends of the

mesoplastra.
PROBAENA SCULPTA sp. Nov.

Polit ios..atand 62:

The specimen is asmall and somewhat imperfect turtle, being repre-
sented by about three-fourths of the carapace and the greater portion
of the plastron. The length of the carapace is, at present, 105 mm.,
and this is very near the original length. The width is 70 mm.
The shell has apparently been rather flat, but it was doubtless some-
what less so in life than at present. The greatest distance between the
upper and the lower surfaces is now 27 mm. ‘The borders of the
carapace behind the inguinal notches are considerably flared upward,
but this may be due somewhat to post-mortem distortion. This border
appears to have been little or not at all notched, except in the midline
behind, where there is a slight excavation. In the nearly smooth
hinder border this genus differs from the species of Baéna.

Most of the sutures and of the epidermal sulci are obscure; and in
most parts of the carapace the sutures are incapable of determination.
The sulci bounding the second, third, and fourth vertebral scutes are
satisfactorily seen. These scutes have been very broad, each about

201

202 ANNALS OF THE CARNEGIE MUSEUM.

34 mm.; while the costal scutes have been only about half as wide.
The areas occupied by the median scutes are conspicuously sculptured.
The sculpture, as shown by the third scutal area, consists of ten or
twelve prominent, sharp, uneven, ridges, which radiate forward and
outward from the middle of the hinder border of the area. Evidently,
a somewhat similar, but less bold sculpture has characterized the areas
of the costal scutes; but these surfaces have been injured so that it
cannot be described. ‘There is no evidence of the presence of supra-
marginal scutes.

On the left side the costal and marginal plates have been broken
away. ‘The anterior and posterior buttresses of the plastron have thus
been revealed ; and it is evident that the anterior one, joining the
second costal plate, projected inward a considerable distance, as in
Laéna, to form the anterior boundary of a lateral chamber, whose
posterior boundary was formed by the hinder buttress joining probably
the sixth costal plate.

When the costal plates broke away the extremities of the third,
fourth and fifth ribs were left adhering in the matrix. These have
evidently passed downward deeply against the inner sides of the cor-
responding marginal plates, as in Chelydra. Such was probably not
the condition in Laina. The ends of the ribs are terete, not flat as
in most other cases. So far as can be determined, there were no fon-
tanelles between the costal plates and the marginals.

Of the plastron all is present except the epiplastrals, and possibly
the anterior part of the entoplastron. ‘The plastron resembles closely
that of Laéna,; but the hinder lobe is not excavated posteriorly, but
rounded. ‘There is a considerable fontanelle between the inner ends
of the mesoplastra. ‘The presence of this may be due to the immaturity
of the specimen ; but judging from the closeness of all the sutures of
our specimen, and from the fact that in 4aéva the bones soon codssify,
it seems probable that the fontanelle would persist till a late period of
life.

The anterior, as well as the posterior, lobe has a width at the base
of 36 mm. ‘The posterior has a length of 30 mm., and the anterior
has probably been about as long. ‘The posterior lobe diminishes in
width rather rapidly backward. The entoplastron has been unusually
long and narrow in its hinder portion. Nothing can be determined
regarding the presence of intergular and gular scutes. The mesoplas-
tron is narrowed at the inner end, as in some species of Baéna. Each
is traversed by the pectoro-abdominal sulcus.

Hay: PROBAENA GEN. Nov. 203

The bridge is 30 mm. wide, fore and aft. The inframarginal scutes
which covered the bridge cannot be mapped with certainty, but there
can be little doubt that they were present and much like those of Baéna.

This genus is certainly closely related to Baéna, and it may be ques-
tioned whether it would not be better to refer the species to this genus.
Most of the characters given under the definition of the genus are
hardly of generic value ; but considering the many minor differences
between the species and those of Aaénxa, and the length of the period
intervening between the Morrison epoch and the Belly River and
Laramie epochs in which the earliest species of Baéna are found, it
seems probable that a complete skeleton would afford more satisfactory
generic characters.

It seems at least very certain that P. scaz/pfa is to be regarded as a
form ancestral to the later numerous species of Faéza which have been
found in Belly River, Upper Laramie, Puerco, Bridger and Uinta beds.
Dr. Baur regarded Compsemys plicatulus as the forerunner of Baéna
(Proc. Acad. Nat. Sci., Phila., 1891, p. 421); but we now find in the
same quarry from which C. pdicatu/us has been reported a form much
nearer to Laéna than is Compsemys. It becomes evident that we must
go back much further to find the common ancestor of Compsemys and
Probaéna.

Platychelys, of the Upper Jurassic of Solothurn, Switzerland, is
evidently very closely related to Laéva and Probaéna, and has been
very properly assigned by Lydekker to the Pleurosternide. It differs
in having a more highly sculptured carapace, supramarginal scutes, and
mesoplastrals which do not reach to the midline.

In his Bibliography and Catalogue of the Fossil Vertebrata of North
America, p. 437, the present writer has adopted for this family the
name Pleurosternidz, having overlooked the fact that Cope employed
the name Baénidze as far back as the year 1873 (6th Ann. Report U.
S. Geol. Surv. Terrs., p. 621). The writer is not aware that the
name Pleurosternidz has had an earlier use.

EXPLANATION OF PLATE.

Fic. 1. View of the carapace showing some of the vertebral and costal scutes and
the sculpture.

Fic. 2. View of the plastron. The light lines indicate the sutures, the dark lines
the boundaries between the scutes.

In both figures the anterior end of the shell is toward the left hand.

ANNALS CARNEGIE MUSEUM, Vol. || Plate Ill.

iG. 1

Probaena sculpta Hay (No. Q!7).

VII. MINUTE BOOK OF VIRGINIA COURT HELD
FOR YOHOGANIA COUNTY, FIRST AT AUGUSTA
TOWN (NOW WASHINGTON, PA.), AND AFTER-
WARDS ON THE ANDREW HEATH FARM
NEAR WEST ELIZABETH; 1776-1780.!

EDITED BY Boyd CRUMRINE, OF WASHINGTON, Pa.

INTRODUCTORY.

It will have been observed that the organization of the Virginia
court at Fort Dunmore (now Pittsburgh) for the District of West
Augusta, was on February 21,1775: Vol. I., p. 525, of these Annals ;
that the last sessions of that court were held at Augusta Town (or Cat-
fish Camp, now Washington), on November 20, 1776: Jéem, p. 568;
that in the meantime the Monongahela Declaration of Independence
had been promulgated at two points in the Monongahela Valley, on
the same day, to wit, May 16, 1775, more than one year antedating
the Declaration of Independence read to the assembled people from
the southern front of the State House at Philadelphia, on July 4, 1776:
Id@mn, p. 519; and that in October, 1776, the legislature of Virginia,
now a sovereign state of the new American confederation, divided the
District of West Augusta into three new counties, Ohio, Yohogania
and Monongalia, all shown, with reasonable accuracy, as it is be-
lieved, on the map in Vol. I. of these Annals, facing p. 518.

The sessions of the court for Yohogania County were held first at
Augusta Town (Catfish Camp, now Washington) from December 23,
1776, until August 25, 1777: these Aznals, Vol. II., p. 91: and
from the latter date until the Virginia jurisdiction was wholly ousted,
on the farm of Andrew Heath (then in old Washington County), West
of the Monongahela River, and near the present dividing line be-
tween Washington and Allegheny counties. A portion of the Order
Book (usually called the Minute Book in our courts) of the Yohogania

1 Continued from pp. 71-140, this volume.
205

906 ANNALS OF THE CARNEGIE MUSEUM.

County court has already been given, and the following is a continua-
tion thereof.

WHAT WAS PENNSYLVANIA DOING ?

It has already been noted, perhaps, that a large amount of business
of almost every nature and kind was transacted in these Virginia
courts, and it would appear that a large majority of the inhabitants of
the Monongahela Valley submitted their persons and property to the
laws and courts of Virginia; indeed, it is undoubted that many land-
holders under Pennsylvania titles, and perhaps Pennsylvania sympathy,
were suitors in these courts. Why was this? Doubtless it was be-
cause, the Revolution being on, and other causes existing, the power
of the laws of Pennsylvania was not strongly felt west of the Alle-
gheny Mountains.

Note the following facts :

Bedford County, the seventh Pennsylvania county established, was
formed from Cumberland County, on March 9g, 1771, and extended
‘Westward to the Western Boundaries of the Province,’’ which boun-
daries, however, were not defined. The first term of court for that
county was held at Bedford, about a hundred miles east of Pittsburgh,
on April 16, 1771, and George Wilson, Esq., living near the mouth
of George’s Creek in what is now southern Fayette County, was of
the justices, as were also Colonel (then Captain) William Crawford,
living on the Youghiogheny River nearly opposite what is now Con-
nellsville, Fayette County, Thomas Gist, son of Christopher Gist,
settled near Mount Braddock in the same county, and Dorsey Pente-
cost, then living on his ‘‘ plantation’’ called ‘‘ Greenaway ’’ in the
‘‘ Forks of the Yough’’ settlement.

Now, Westmoreland County, Pennsylvania, was formed on January
26, 1773, from Bedford County, and embraced all the lands west of
‘the Laurel Hill,’’ to ‘‘ the limits of the Province.’’ Old Westmore-
land was thus organized two years before the Virginia Court at Fort
Dunmore, and its first Court of Quarter Sessions, then the principal
court of every county, was held at Hanna’s Town, about three miles
northeast of what is now Greensburg, on April 6, 1773. This Court
of Quarter Sessions was the first court of justice ever held by English-
speaking people west of the Allegheny Mountains, and it was held
‘* Before William Crawford, Esq., and his associate Justices.’’

On January 25, 1775, about one month before the organization of

MINUTES OF COURT OF YOHOGANIA COUNTY. 907

the Virginia court at Fort Dunmore, the following entry was made
upon the minutes of the Supreme Executive Council :

‘¢At a Council held at Philadelphia, 25th January, 1775,
Captain St. Clair appearing at the Board and representing that William
Crawford, Esquire, President of the Court in Westmoreland County,
hath lately joined with the Government of Virginia in opposing the
jurisdiction of Pennsylvania in the County, the Board advised the
Governor to supersede him in his office as Justice of the Peace and
common Pleas. A Supersedeas was accordingly ordered to be issued :’’
X. Col. Records, 228.

Others of the Justices of the Westmoreland County court were Arthur
St. Clair, afterward a Major-general in the Revolution ; Thomas Gist,
above mentioned, Alexander McKee, afterwards with Simon Girty
and Matthew Elliot, a deserter to the British Indians; Robert Hanna,
William Louchry, George Wilson, above mentioned, Eneas McKay,
Joseph Spear, Alexander McClean and James Caveat.

The early courts of Westmoreland County appear by their records
to have been regularly held from April 6, 1773, to the second Tuesday
of April, 1776. Observe that this last date was but a short time before
the meeting of the Provincial Conference at Carpenter’s Hall, Phila-
delphia, resulting in the great Declaration of Independence by the
American colonies. At this session there were orders made relating
to township lines, roads, and recognizances in criminal cases; and
then there was an interregnum, and there are no records of any court
held for Westmoreland County afterward until January 6, 1778. But
the court for Yohogania County continued right along in a varied and
extensive business, as will appear from the transcript of its records
now publishing.

THe NATURE OF THE BUSINESS TRANSACTED.

It would seem that the transactions of these Virginia Courts were
not confined to merely business matters. Witness the fact that at the
session of the Yohogania County court held on September 22, 1777,
** William Taylor produced a Licence appointing him to preach the
Gospel after the Manner of his Sect; which being read, the said
William Taylor came [— into Court and took the Oath of fidelity and
Allegiance to this Commonwealth:’’ Azma/s, Vol. Il., p. 102. Who
was this William Taylor, and what was his ‘‘Sect’’? And note that
at the session of the same Court held on March 24, 1778, ‘‘ John

208 ANNALS OF THE CARNEGIE MUSEUM.

Whitaker, a minister of the Gospel, came into Court and took the
Oath of Allegiance and fidelty, as directed by an act of General
Assembly, intitled an Act to Oblige the free male inhabitants of this
State, above a certain Age, to give Assurance of Allegiance to the
same and for other purposes:’’ These Avna/s, Vol. Il., p. 129. Was
this the eccentric Deacon Whiteakre who once prayed publicly to
God, before his Methodist congregation, that he might be supplied
with a new horse and soon received one ?

Attention is called also to the records made in relation to the care
of the families of soldiers from the Monongahela Valley in the War of
the Revolution. These records are frequent but exasperatingly brief.

Our Pennsylvania histories show that at least two Pennsylvania regi-
ments, fully organized, marched eastward to take part in the battles of
the Revolution, but the records now published disclose that at least
three regiments, organized as Virginia Voluntaries, the 5th, 12th and
13th Regiments, were composed more or less of men living in the
Valley of the Monongahela. Verily the Revolutionary history of that
valley is as yet unwritten.

The Early Currency.

We find in these records that the currency of the early days was in
Pounds, Shillings, and Pence. And it will be noted that in the early
causes in these courts, a recognizance of bail for an appearance at
court was required in say £25, or in #100; while in 1780, at the
end of the existence of this court in Pennsylvania, some such recog-
nizances were in £5,000 or more, amounting, as we would now trans-
late the English 4, to about $25,000. Wherefore, an explanatory note
on this early currency and its depreciation may not be out of place.

Before and during the Articles of Confederation of 1776, and until
the adoption of the Constitution of the United States in 1787, there
was no supreme national authority, and therefore no national currency
based upon a recognized unit. In every State there were at least two
units of value, the State pound and the Spanish milled dollar. Our
people having been under the English government adopted the Eng-
lish pound, shilling, and penny, as the ame of its currency or money
of account, yet the trade with the Spanish colonies in America
and the West Indies brought into the country as its only coined
money the Spanish dollar and its subdivisions. ‘Thus the Dollar of
the early day was not the ‘‘ Dollar of our Daddies,’’ but the ‘‘ Spanish
Milled Dollar.’’

MINUTES OF CouRT OF YOHOGANIA COUNTY. 209

But each state in the thirteen composing the confederacy had its
own pound. In Georgia, the pound in silver contained 1547 grains ;
in Virginia, Massachusetts, Rhode Island, Connecticut and New
Hampshire, 1289 grains ; in New Jersey, Delaware, Pennsylvania and
Maryland, 1031 grains, while in New York and North Carolina it
reached the minimum of 996 grains. These State pounds, and their
divisions into shillings and pence, had no actual existence ; they were
used only in keeping accounts, but when debts were to be paid and
received they were turned into dollars and their divisions, halves,
quarters, eighths, and sixteenths, each represented by a silver coin.
Thus it was that in New England and Virginia, six shillings, or
seventy-two pence, made a dollar; in New York and North Carolina
eight shillings, or ninety-six pence; in New Jersey, Pennsylvania,
Delaware and Maryland, seven shillings and six pence, or ninety
pence, and in South Carolina and Georgia four shillings and eight
pence, or fifty-six pence. And hence, though accounts were kept in
pounds, shillings, and pence in all the states, yet to pay or receive a
debt in the coin dollars in circulation, eight shillings were required in
New York, for instance, six shillings in Virginia and seven shillings
and six pence in Pennsylvania. See McMaster’s ‘‘ History of the
meople of the U.S.,’’ Vol.'I., p. 23.

Observe: If 7s. 6d. in Pennsylvania currency made one dollar
(Spanish) then 20 shillings (or one pound) would be worth $2.6624,
a little more than one half the English pound sterling. And if six
shillings in Virginia currency made a dollar, then the Virginia pound
was worth $3.33.

‘‘ Fifty years ago the silver pieces which passed from hand to hand
under the name of small change was largely made up of foreign coins.
They had been in circulation long before the War for Independence,
had seen much service and were none the better for the wear and tear
they had sustained. The two commonest were the eighth and the six-
teenth of the Spanish milled dollar, and these, taking the country
through, passed under seven names. In New York and North Caro-
lina, where eight shillings made a dollar, the eighth was a shilling
(twelve pence), and went by that name. From New Jersey to Mary-
land (including Pennsylvania) the same coin was nearly equaled by
eleven pence, and was there called the eleven-penny bit, or the levy,
but became for a like reason nine pence in New England. In the
same way the sixteenth of a dollar was called six-pence in New York;

210 ANNALS OF THE CARNEGIE MUSEUM.

five-penny bit or the fip in Pennsylvania, and four-pence in New Eng-
land (and Virginia): McMaster’s History, Vol. I., p. 189.

Now, as to the depreciation of this early currency :

It will be remembered, as already stated, that prior to the adoption
of the Constitution of the United States in 1787, no paper money or
currency was issued either by the United Colonies, or by any of the
colonies separately, payable in their own coin, for they had none.
True, the confederacy, and as well some of the colonies or separate
states, perhaps, sometimes issued notes or bills of credit payable in
‘dollars’’ or parts thereof, but the coin meant was the Spanish coin.
Usually, however, notes and bonds were issued payable in pounds,
shillings, and pence, but, there being no pounds, shillings, and pence
existing in coin, when debts were to be paid in coin the pounds, etc.,
were turned into dollars and their subdivisions, and all accounts were
kept in pounds, shillings, and pence. Hence, the constant issue by
the United Colonies during the War of the Revolution of paper money
irredeemable according to its terms, resulted in an immense deprecia-
_ tion, which was one of the greatest sources of evil to the young nation.

The extent and the causes of this depreciation of the currency dur-
ing the Revolution is best shown by the paper of Albert Gallatin on
‘<The Currency and Banking System of the United States,’’ first pub-
lished in 1831, and contained in ‘‘ The Writings of Albert Gallatin,’’
edited by Henry Adams, Vol. III., p. 260, as follows:

‘¢The paper money issued by Congress during the war of the Amer-
ican independence experienced no sensible depreciation before the
year 1776, and so long as the amount did not exceed nine millions of
dollars. A paper currency equal in value to that sum in gold or silver
could therefore be sustained so long as confidence was preserved. ‘The
issues were gradually increased during the ensuing years, and in April,
1778, amounted to thirty millions. A depreciation was the natural
consequence ; but had the value of the paper depended solely on its
amount, the whole quantity in circulation would have still been equal
in value to nine millions, and the depreciation should not have been
more than_3% to 1; instead of which it was then at the rate of six
dollars in paper for one silver dollar, and the whole amount of the
paper in circulation was worth only five millions in silver. It is ob-
vious that the difference was due to lessened confidence. ‘The capture
of Burgoyne’s army was followed by the alliance with France, and her
becoming a party to the war against England. ‘The result of the war

MINUTES OF COURT OF YOHOGANIA COUNTY. PANO

was no longer considered as doubtful, and sanguine expectations were
formed of its speedy termination. ‘The paper accordingly rose in
value ; and in June, 1778, although the issues had been increased to
more than forty-five millions, the depreciation was at the rate of only
four to one. From the end of April of that year to the month of Feb-
ruary, 1779, although the issues had been increased from thirty-five to
one hundred and fifteen millions, the average value in silver of the
whole amount of paper in circulation exceeded ten millions, and it
was at one time nearly thirteen millions, or considerably more than
that which could be sustained at the outset of the hostilities. But
when it was discovered that the war would be of longer continuance,
confidence in the redemption of a paper money, daily increasing in
amount, was again suddenly lessened. ‘The depreciation increased
from the rate of 6 to that of 30 tor in nine months. The average
value in silver of the whole amount of paper in circulation from April
to September, 1779, was about six millions, and it sunk below five
during the end of the year. The total amount of the paper was at
that time two hundred millions; and although no further issues took
place, and a portion was absorbed by the loan offices and by taxes, the
depreciation still increased, and was at the end of the year 1780 at the
rate of 80 dollars in paper to 1 in silver. ‘The value in silver of the
paper currency was then less than two millions and a half of dollars ;
and when Congress, in March following, acknowledged the deprecia-
tion, and offered to exchange the old for new paper at the rate of 40
for 1, the old sunk in one day to nothing, and the new shared the
same fate.’’

These observations will explain many entries in the records now fol-
lowing that would otherwise be somewhat unintelligible :

VouuME II. oF THE RECORDS.
(1) At a Court Continued and held for Yohogania County, April
arth 1778.

Present : William Crawford, John Stephenson, Joshua Wright
& Isaac Cox, Gentlemen Justices present.

View of the road from the Court House to Pentecost’s Mills
on Churteers Creek returned by the Viewers and Ordered to
be confirmed, Running from said Court House to Spencer’s
point, Thence near Richardson’s School House, ‘Thence through
Gabriel Coxes Lane, Thence crossing Peters Creek near to

212

(2)

ANNALS OF THE CARNEGIE MUSEUM.

John Coxe’s — Benjaman Colling’s, Thence to Joshua Wright’s,
Thence to William Stephenson’s, Thence to Thomas Cooks,
Thence to said mills. Ordered that Gabriel Cox be appointed
Overseer of the Road from the Court House to Peters Creek near
John Coxe’s, James Wright Overseer of the Road from Peters
Creek near John Coxes to opposite Henry Johnstons, and Na-
thaniel Blackmore Overseer of the road from Henry Johnstons
to Pentecosts Mills on Churteers Creek and that the Tithables
within three miles of said road (except on the East Side of
the Monaungohela River) work on Cut open and keep said
road in repair.

John McDowell and John Cannon Gentlemen Justices Present.

Upon the Complaint of Cornelias Crow an Indented Servant
that John Harry his Late Master lately told said Servant that
he had Sold him to a Certain Thomas Cuningham to be forced
into the Armies of the United States as a Soldier, and that he
has for some Time and doth at this Time suffer for Necessary
Cloathing, and uppon the view of the Court the Complaint re-
specting the Cloathing is justly founded.

Ordered that the sd Cornelias Crow be and remain a Ser-
vant, and that the said John Harry or Thomas Cunningham
that claims property in said Servant be and appear before the
next Court held for this County to Answer the Complaint o1
said Cornelias Crow.

Robert McGlaughlin and James McLean produced commis-
sions from his Excellency the Governor appointing them Lieu-
tenants of the Militia which being read, the said Robert and
James came into Court and swore into said Office.

Ordered that this Court be adjourned untill Tomorrow
Morning 8 O Clock. W. CRAWFORD.

April 28th Court met according to adjournment.

Present, Isaac Cox, John Cannon, William Goe, Andrew
Swearengen, John McDowell, and George McCarmick, Gentle-
men Justices, Present.

Andrew Swearengen and David Andrew produced Commis-
sions from his Excellency the Governor appointing Them
Captains of the Militia, which being read, the said David and
Andrew came into Coart and Swore into said Commissions.

(

)

MINUTES OF CoURT OF YOHOGANIA COUNTY. Zils

Nathaniel Blackmore came into Court produced a Commis-
sion appointing him a Lieutenant of the Militia, which was
read and Sworn to accordingly.

[ Bill of sale from John Stueart to Jacob Bouseman for Three
Hundred Acres. ]'

Power of Attorney John Stueart to Jacob Bouseman be as
proved by the Oath of John McCollister, one of the Subscrib-
ing Witnesses.

Mortgage John Stueart to Jacob Bouseman for Three Hun-
dred Acres of Land on Yohogania River was proved by the
Oath of Jacob Leoport, one of the Subscribing Witnesses.

Upon the motion of Jacob Bouseman ordered that his Mark
Two Crops and Two Slits be recorded.

Thomas Gist came into Court and being Sworn on the Holy
evangelist of Almighty God, Sayeth that in the year of our
Lord one Thousand Seven Hundred and Seventy two, in the
month of April to the best of his recollection, in the presence
of Joseph Beeler, John Stephenson and Edward Rice, he
Solemnized the wrights of Matromony between Isaac Meason
and Catherine Harrison, according to the rights and cere-
monies of the Church of England, he the s! Seponent then
being a Majistrate in the State of Pennsylvania, and that he
was under an Oath not to Devulge said marriage Except
Legally called for that purpose.

John Stephenson and Joseph Beeler came into Court and
being Sworn on the Holy Evangelist of Almighty God,
Sayeth that they ware present at the Marriage of Isaac Meason
with Catherine Harrison in the year one Thousand Seven
Hundred and Seventy two in the Month of April to the best
of their recollection, and was under a promise not to devulge
the said Marriage Unless Legally called, or Death of either of
the parties, and the said Joseph farther Sayeth that there was a
preéngagement between the said Isaac and Catherine that upon
the devulging the said Marriage contrary to the will of the sd
Isaac then that said parties should be absolved from any obli-
gation to each other as man and wife.

Indenture from Martha Daviss to Isaac Cox acknowledged
by said Martha and ordered to be Recorded.

1 The part in brackets erased in the original.

214

(4)

ANNALS OF THE CARNEGIE MUSEUM.

Bargain and Sale Thomas Bay to James Marshall for four
Hundred Acres of Land acknowledged by said Bay and
Ordered to be Recorded.

Bargain and Sale Thomas Bay to George Marken [or
Marten, Lafor| for Two Hundred Acres of Land acknowl-
edged by said Bay and Ordered to be recorded.

Bargain and Sale Ezekiel Johnston to Joseph Beeler Jun’
proved by the oath of Dorsey Pentecost and Joseph Beeler
Sen’ two of the Subscribing Witnesses.

Joseph Beeler produced to this Court a Commission from his
Excellency the Governour appointing him Colonel of the
Militia was red & Sworn to in open Coart.

Nathan Ellis produced to this Coart a Commission from his
Excellency the Governour appointing him Captain of the
Militia which was red & Sworn to in open Coart.

W® Harrison took the oathof Major of the Militia in open
Coart.

Richard Crooks took the oath of Lieutenant of the Militia
in open Coart.

Michael Tigert took the oath of Ensign of the Militia in open
Coart.

Ordered that Sarah Shirly be admitted to administer on the
estate of James Shirly Deceased, she Complying with the Law,
Whereupon the sd. Sarah came into Coart with her Securities &
entered into Bond accordingly.

Ordered that Ignatius Lebat Sam’! Sample Sam’] Evalt &
David Dunkin or any three of them Being first sworn do appraise
the s’? Estate & make Report to next Coart.

James Gray Enters himself special Bail in a suit wherein Jno.
Pearce is plaintiff & Jno. Raredon Defendant.

Jno. Raredon Enters himself special Bail in Case wherein
W™ Danningin is plaintiff & and’James Gray Defendant.

Ordered that Mary Lindsey the wife of William Lindsey a
poor Soldier in the Continental service be allowed Six pounds
per month for the support of herself and Six children to com-
mence the first day of January Last.

Ordered that Eloner Lindsey the wife of Ezekial Lindsey be
allowed the sum of five pounds pr. month for the support of
herself and five children.

(5)

(6)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 215

Ordered that Jane Dunn the wife of Thomas Dunn a poor
Soldier in the Continental Service be allowed the sum of
four pounds pr month for the support of herself and four
children.

Ordered that two children of Peter McCorkeys a soldier in
the Continental Service be allowed the sum of two pounds pr
month for their Subsistence.

Ordered that Elizabeth Depugh the wife of John Depugh be
allowed the sum of three pounds pr Month for the support of
herself and Three Children.

Ordered that the wife of Jeremiah McCarty be allowed the
sum of three pounds pr Month for the support of herself and
three children.

Ordered that the wife of William Nau a poor Soldier who
died in the Continental Service be allowed the sum of six
pounds pr month for herself and Six children to commence the
first day of January until his Death.

Ordered that the wife of James Behan be allowed the sum
of three pounds pr month for the support of herself and three
children.

Ordered that the sum of two pounds pr month be allowed
the wife of Richard Wade for the support of herself and two
children to Commence the first day of this month.

Ordered that the wife of David Smith be allowed the Sum
of three pounds for the support of herself and three children.

Ordered that Susannah Decompt and Christopher Hayes be
appointed Administrator and Administratrix of the Estate of
John Decomp Deceased they complying with the Law. Where-
upon the said Susannah and Christopher came into Court and
Entered into Bond oath accordingly.

Ordered that Joseph Beeler, James Blackstone, Edward
Cook, and Benjamin Davis or any three of them they being
first sworn do appraise the Estate of John Decomp Deceased
and make return to next Court.

Daniel Brooks is appointed Administrator of the Estate of
Nathan Hammond Deceased he complying with the Law,
Whereupon the said Daniel came into court entered into Bond
and oath accordingly. Ordered that Joseph Parkerson, Thomas
Parkerson, James Innis & David Richie any three of them

216

(8)!

ANNALS OF THE CARNEGIE MUSEUM.

they being first sworn do appraise the Estate of Nathan Ham-
mon Deceased and make return to next Court.

Ordered that Isaac Cox be appointed Administrator of the
Estate of Samuel Richardson deceased he complying with the
Law, whereupon the said Isaac came into Court and intered
into Bond and oath accordingly. Ordered that Abraham Van-
natree, Edmund Pollack, Richard Elson and Edward Wiggins
or any three of them they being first sworn do appraise the
Estate of Samuel Richardson, Deceased and make return to
next Court,

Bargain and Sale John Pearce to James Patterson for three
Hundred and Eighteen Acres of Land Acknowledged by the
said Pearce and Ordered to be Recorded.

Ordered that George McCarmeck John Cannon & John
Stephenson Gent. be recommended to his Excellency the Gov-
ernor as proper persons to serve as Sheriff for this County, the
Ensuing year.

Ordered that an Attachment Issue against Philip Whitsel and
the papers and records belonging to the District of West
Augusta, which by Act of Assembly are to be Inyrold amongst
the Records of this County, and the said records so attached
have before this Court for farther Proceedings.

Bargain and Sale Matthew Rogers to John White for an Im-
provement of Land on Churteers Creek Acknowledged by said
Rogers and Ordered to be Recorded.

Ordered that Court be adjourned Until Tomorrow Morning
8 oClock. JouHn Canon.

Court met according to adjournment April 29th, 1778.

Present William Goe, Isaac Cox, Andrew Swearengen &
Joshua Wright Gentlemen Present.

George McCarmick * is appointed Sheriff Protempore to serve
one month he complying with the Law. Whereupon the said
George with Samuel Beeler and Dorsey Pentecost his Securities.
come into Court entered into Bond and oath accordingly.

Ordered that Benjaman Collins have Leave to keep a publick
Ordinary at his Dwiling House he complying with the Law.

1 Paging of original followed, though erroneous.
2 This name erased in the original.

(9)

MINUTES OF CouRT OF YOHOGANIA COUNTY. PAE

Whereupon the said Benjaman came into Court entered in Bond
accordingly.

Appraisement of the Estate of Job. Robins returned by the
Appraisers and ordered to be recorded.

Benjamin Custard and John Wall Enter Special Bail for
Michael Humble and John Johnston at the suit of Mary Burriss.

Upon the motion of John Wall ordered that his Mark a Crop
in the right Ear and a hole inthe Left be recorded.

Upon the motion of George McCarmick his mark a Crop in
the right Ear and half Crop in the Left ordered to be recorded.

Upon the Motion of Benjaman Custard his mark a Cropt and
slit in the right Ear and a Slit in the Left Ordered to be re-
corded.

The Ear mark of Thomas Cherry a crop in the right Ear
ordered to be recorded.

Samuel Newell, Gentleman Present.

Samuel Beeler being bound in recognizance and charged
with Hogstealing which being called personally appeared and
pleads not guilty. Ordered to be continued at Defendant’s
Request.

Benjaman Jones vs. Patrick McDonald. Plu. Cap.

Paulser Shilling vs. Spencer Collins. Tresp. Plu. Cap.

Ordered that a Dedimus Issue to Take the Examination Anne
Taylor and Margaret Conner, a witness In behalf of Joseph
Cox against John Williams, Theodorus Davis, and Mary Hazle.

Dorsey Pentecost vs Christopher McDonald In. Cas. Contd.

Zachariah Connell vs Abraham Vaughan In Debt. Plu. Cap.

David Wilson vs Henry Bowling In Debt. Plu. Cap.

John Livy vs Samuel Beeler I. Tresp. P. Cap.

John Gallehar vs Christian Summet In Slan. P. Cap.

Hugh Sterling came into Court and Took the Oath of a
Deputy Sheriff.

Joseph Lindsey against George Long In Debt Plu Cap.

Richard Swissichs agt. Jacob Jones In Case. Plu. Cap.

Paul Froman against Robert McCrowry In Debt Plu Cap.

Francis Morrison agt. Daniel Swigert In Debt Plu. Cap.

George Schley against John Rammage In Case Plu. Cap.

Susannah Schley against Robert McKendley In Case Plu.
Cap.

218

(10)

ANNALS OF THE CARNEGIE MUSEUM.

Thomas Freeman agt. John Jones and Samuel Lyneet In
Case Plu Cap.

Jacob Bouseman agt. James Bradley In Case Plu. Cap.

Mary Burriss agt Michael Humble & John Johnston In Case
Sp. B;

Jacob Johnston against Godfrey Waggonier In Case Plu. Cap.

Jacob Shillings against Henry Newkirk In Case Plu. Cap.

The Same against the same In Debt. Plu Cap.

William Dunnanghgain against James Gray In Debt Sp. Bail.

Paul Froman against John Dean In Case Plu. Cap.

Thomas Cook against Richard Dickerson In Case. Plu Cap.

John Pearce Sen. against Aron Carter In Case Al. Cap.

Thomas Wells against Paulcer Shillings In Case A Cap.

James Murphy

against In Case

Jacob Jones Then came the parties and then also came
a Jury To wit. James Wright, John Wall, Benjaman Custard,
Benjaman Collings, Robert Craighead, David McKee, Enoch
Springer, Michael Humble, Matthew Rogers, Joseph Cox,
Patrick Jourden & John Johnston, who find for the plaintiff L
16. 15 O26. (Costs:

David McClure
against In Debt.

Patrick McElroy, Assine. Upon the motion of the Plain-
tiff Judgmt was Confesed by the Difind in a letter to the clerk.
It is Considered by the Court That the plantiff recover against
the Defendant upon Bond Eighty pounds with Interest from
the Sixth day of April 1777, untill paid and his Costs,

John Brown against John Crow. In Asst. Dismd. at Plan-
tiffs Request.

John Pearce Senr. against John Reredon. Slep. Bail.

Joseph Pearce against Arnold Evins Al Cap.

Andrew Swearingen

against In Case

Robert Hamelton Ordered to be Dismissed at Plantiff’s
request, Defendant paying Costs.

Andrew Steel against Joeseph Ralston. In Case Al Cap.

William Braden against James Vannatree In Case Al Cap.

(11)

MINUTES OF COURT OF YOHOGANIA COUNTY. 219

Obidiah Stout against Thomas Thompson and wife In Slan.
Al Cap.

Richard McMahan against James Bruce In Case Agreed.

William Thompson against John Fife Sen. In Asst. Plu Cap.

Cloe Riggs against Ebenezer Corn In Case Al Cap.

Moses Thompson agt William Carpenter In Debt. Al Cap.

Dorsey Pentecost against Jacob Long In Debt Al Cap.

William Brashers against Robert Hamelton In Case Al Cap.

John Nelson against Jacob Shilling In Case C. O.

John White against Ezekil Johnston In Case Al Cap.

William Bruce against Archibald Frome In Case. C. O.

John Springer against Henry Kearsey In Asst. Al Cap.

Nicholas Dawson against Francis Kirkpatrick In Sl. Al Cap.

William Thompson agt. John Fife Sen. In Tresp. Al Cap.

John Campbell agt William Patterson. In Trespass C. O.

Jacob Shillings vs John Wilson’ In Trespass C. O.

William How vs. William Genoway, Ebenezer Corn &
George Corn Jun. In Trespass Al Cap.

Paul Froman vs James Boyers In Tresp. Al. Cap.

Michael Myors vs Philip Hooper In Trespass. Al Cap.

John Mitchel vs. Philip Hooper. In Case. Al Cap.

Mordeca Richards vs Joseph Ross In Slan. Al Cap.

John Springer vs. James Dunnaughan In Trespass. Al Cap.

John Crow vs John Brown In Slr. agreed.

Joseph Baker vs John Springer In Debt Al Cap.

Daniel Byers vs James Patterson In Case C. O. .

Benjaman Fullum vs William Johnston, John McCornish.
In Asst. Al Cap.

Benjaman Fullum vs William Johnston & John McCornish.
In Case. Al Cap.

David Andrew vs W" Johnston In ‘Tresp. Al Cap.

James Johnston agt. Godfrey Waggoner In Case Al Cap.

Jacob Shilling vs Samuel Fortner In Tresp. Al Cap.

Mary Burriss vs David Williams In Case. Al Cap.

Upon the Motion of Andrew Sweargen ordered that his Ear
Mar a Crop in the Left Ear and a hole in the Right be recorded.

Upon the Motion of Thomas Hamelton ordered that his Ear
mark a Crop slit and a bit in the right Ear be recorded.

220

(13)

ANNALS OF THE CARNEGIE MUSEUM.

Upon the motion of Joshua Wright ordered that his Mark a
Swolefork in the Left Ear be Recorded.

Ordered that Isaac Cox Gentleman contract with some
Proper Person or Persons to build a pair of Stocks, whiping
Post and pillory, in the Court house yard, and also a compleat
Bar, and other work in the Inside of the Court House as he
may thing proper for the conveniency of the Court and Bar,
the whole to be compleat by next Court.

George McCarmick Gentleman high Sheriff Protest against
the Strength & sufficiency of the Goal.

Ordered that the Sheriff summon a Grand Jury to attend the
next Court.

Ordered that William Price, Thomas Rogers, and Isaac
Wells be appointed Constables to serve the ensuing year, and
that they be Summoned to attend the next Court to Qualify
into said Office.

Isaac Cox having obtained an Atteachment against the Estate
of Samuel McCored Thomas Apple garnishee being sworn sayeth
that he hath about five acres of winter grain and no more of
the Estate of the sd. Samuel in his hands. and the said Samuel
being called and failing to appear and replevy the said atteached
effects though Solemnly called, the Plantiff produced his acct.
of five pounds, Ten Shillings and four pence & swore to the
Justness thereof. Judgment for the afores’. sum of five pounds
Ten shillings, and four pence, with Costs Ordered that the
Sheriff make Sale of the Atteached Effects.

Ordered that Court be adjourned to Court in Course.
WILLIAM GOE.

At a Court continued and held for Yohogania County May
the eet ei77 5.

Present George Vallandingham, John McDonald, Samuel
Newell, Benjamin Kirkendall, Gentlemen Justices.

Upon the Motion of William Brur Ordered that his Ear
mark a Crop in the near Ear, and under bit in the off Ear be
recorded.

Bargain and Sale Ezekil Johnston to Joseph Beeler Jun. was
proved by the oath of Joseph Beckett one of the subscribing
witnesses, and ordered to be recorded as Dorsey Pentecos

MINUTES OF COURT OF YOHOGANIA COUNTY. 22

and Joseph Beeler Sen., at a former Court was Sworn to the
Execution of said Bargain and Sale and Subscribing Witnesses
Thereto.

Administration of the Estate of Conrad Swessicks deceased
is granted to Margaret Swessicks She having Complied with
the Law.

Andrew Pearce and Sarah Pearce took the oath of Executrix
& Ex'! of the Estate of James Pearce Deceased, and complied
with the Law.

Ordered that Zadock Wright, W™ Brice, Gabriel Cox and
William Frye or any three of them they being first Sworn do
appraise the goods chattles and credits and Slaves if any of the
Estate of Conrad Swessicks deceased and make return to next
Court.

Administration of the Estate of Benjaman Bruer deceased is
granted to Mary Bruer she having complied with the Law.

(14) Ordered that Joseph Beeler Sen, Christopher Hays John
Mellender & John Morecroft or any three of them they being
first sworn do appraise the goods chattles Credits and slaves if
any of the Estate of Benjaman Brewer deceased and make re-
turn to next Court.

Benjamin Frye Gentleman Present.

Administration of the Estate of Jonathan Higgs deceased is
granted to Catharine Higgs she having complied with the Law.
Ordered that Joseph Beeler Sen. Christopher Hays John Mil-
linger and John Morecroft or any three of them they being
first Sworn, do appraise the Estate of Jonathan Higgs deceased
and make return to next Court.

Mesheck Carter enters Special Bail for Daniel Williams at
the suit of Isaac Vance.

Bargain and Sale James Patterson to John Strauthers for
Six Hundred acres of Land acknowledged by the said Patter-
son and Ordered to be recorded.

Hugh Brawday enters Special Bail for Jas. Boyer at the
Suit of Paul Froman.

Elijah Hart Took the oath of Lieutenant of the Militia for
this County in open Coart.

Elijah Hart and Walter Sparks came into Court and took the _.« rv;
oath of Allegience and Fidelity. KRECAT

SIS

999

(16)

ANNALS OF THE CARNEGIE MUSEUM.

Administration of the Estate of Archibald McNeal deceased
is granted to William Filds, he having complied with the Law.
Ordered that Thos. Applegate William Crow, Andrew Pearce
and Walter Wall or any three of them they being first Sworn
do appraise the Estate of Archibald McNeal deceased and
make return to next Court.

Benjamin Jones v Patrick McDonald. Plu Cap.

Zacheriah Connell v Samuel Wells. Contd.

v Providence Maunce. Contd

John Worshington v Michael Morton. Eject, Contd.

Edward Ward v Richard Dunn. Contd.

v Joseph Wells Contd

Walter Briscoe v Edward Todd Contd.

Zachariah Connell v John Lindsey Contd.

Peter Reasoner v Davis Ruth Contd.

John Springer Plantiff
Vv Upon motion of the parties

Henry Kearsey Defendt. ordered to be refered to John
Hull, Henry Taylor & George Vallandingham,

Valentine Shuster enters Special Bail for John Eliott at the
suit of Philip Hooper.

William Collings enters Special Bail for Michael Myers at
the suit of Philip Hooper.

William Collings enters Special Bail for George Myers at
the suit of Philip Hooppr.

William Collings enters Special Bail for Michael Thomas
and Zebuland Collings at the suit of Philip Hooper.

View of a Road from the House of Edward Cook Crossing
the Monaungohela River at the House of John Ratton’s, ‘Thence
to or Near the plantation of John Hop deceased, Thence to
Luther Colvin’s on Pigeon Creek, Thence the nearest and best
way to the Road Leading from Parkersons to Zebuland Col-
lings. Ordered to be Confirmed, and that the Tithables within
three miles on each side work on and keep said Road in Repair.

John Decker, John Hull, Samuel Johnston, Jacob Johnston,
Samuel Frye and Henry Newkirk came into Court and Took
the oth of Feledity.

Peter Reasoner is appointed Surveyor of the Road from
Edward Cook’s to John Rattons ferry.

(17)

MINUTES OF COURT OF YOHOGANIA COUNTY. 923

Nicholas Christ is appointed Surveyor of the Road from
John Rattons ferry to Pigeon Creek, near the House of Luther
Colvins.

John Decker is appointed Surveyor of the road from Pigeon
Creek near the House of Luther Colvins to the road Leading to
Parkersons to Zebulon Collinings.

Then came a Grand Jury or Inquest of the Body of this
County, vizt. John Decker, John White, Gabriel Cox, Jacob
Bouseman, Henry Newkirk, Jacob Johnston, John Springer,
Nicholas Christ, James Wright, Samuel Johnston, John Hull,
Samuel Frye, David Andrew, Joseph Brown & James Patter-
son, who being Sworn received their Charge and Retired to
their chamber.

Bargain and Sale Jasper Cawther and Catherine his wife to
David Andrew for a Tract of Land on the waters of Millers
Run proved by the oath of Samuel McBride and James Scott
the two Subscribing witnesses & Ordered to be Certified.

Edward Kemp enters Special Bail for Spencer Collings at
the suit of Paulcer Shilling. .

Joseph Beeler Jun. came into Court and Took the oath of
Deputy Sheriff of this County.

Bargain and Sale William Wilson to Jeremiah Ellis for One
Hundred and five Acres of Land. Acknowledged by said
Willson and Ordered to be record.

John Riggs enters Special Bail for Nathan Ellis at the suit of
Tacitus Gillord.

Henry Kearsey and James Munn enters Special Bail for
William Johnston at the suits of Benjaman Fullum and David
Andrews.

Henry Kearsey and James Munn enters Special Bail for
Robert Johnston at the suit of Benjaman Fullum.

John Gutteridge produced a Commission from his Excellency
the Governor appointing him Lieutenant of the Militia, which
was read, and Sworn to accordingly.

License is granted to Joseph Nicholas to keep an Ordinary
at his Dweling House in the Town of Pittsburgh the Ensuing
year he having Complied with the Law.

William Christie enters Special Bail for Robert McKindley
at the suit of Susannah Schley.

(

224

17)

(20)

ANNALS OF THE CARNEGIE MUSEUM.

Upon the motion of Tobias Decker Ordered that his mark a
Crop in the Left ear, and Swolofork in the right be recorded.

License is granted Richard McMahan to keep an Ordinary
at his Dweling House in this County he having Complied with
the Law.

George Christ produced a Commission from his Excellency
the Governor appointing him Ensign of the Militia which was
read as usual, & Sworn to, in Open Court.

Inventory of the Estate of Francis Brown deceased returned
by the appraisers and ordered to be recorded.

Benjamin Vannatree enters Special Bail for James Vannatree
at the Suit of William Braden.

Ordered that Isaac Cox and Benjamin Kirkendall, Gentle-
men Bind Andrew Brooks an Orphan to Friend Cox, accord-
ing to law.

Ordered that the Clerk draw on the Treasury of this Com-
mon Welth for the sum of Sixteen pounds for the support of
Anne Jones the wife of Richd. Jones a poor Soldier in the
Continental Service.

Ordered that Court be adjourned Untill Tomorrow Morning
7 OClock. WILLIAM GOE.

Court met According to adjournment May 26, 1778.

A new Commission of the pice, and Commission of Oyor
and Terminer, directed to, John Campbell, Edward Ward,
Thomas Smallman, Dorsey Pentecost, John Gibson, William
Crawford, John Stephenson, John Cannon, George Valland-
ingham, William Goe, John Neavill, Isaac Cox, John Mc-
Dowell, Richard Yeates, John McDonald, George McCormick,
Philip Ross, Benjaman Kirkendall, William Harrison, Samuel
Newell, Thomas Brown, Thomas Freeman, John Decomp,
Joshua Wright, Oliver Miller, Benjaman Frye, Matthew Richie,
Jacob Haymaker, Andrew Swearingen, Benjaman Harrison,
Zachariah Connell, Isaac Leet Senr. Joseph Beeler Senr. John
Carmichael, James Rogers, Isaac Meason, James McLane,
James Blackstone, Joseph Beckett and Joseph Vance, Gentle-
men, which being read as usual, the said William Goe, ‘Thomas
Freeman, Andrew Swearengen, John McDonald, Benjaman
Frye and George Vallandingham, Took the usual oaths of Jus-
tices of the Peace and Justices of Oyer and ‘Terminer.

MINUTES OF COURT OF YOHOGANIA COUN'TY. 225

The Court being Constituted, Took their seats and _pro-
ceeded to Business.

Anthony Dunleavery enters Special Bail for Joseph Ross at
the suits of Mordaca Richard and Margarett Brownfield.

Tacitus Gillord Esquire came into Court and Produced a
pasport from the Board of War and Disered that the same may
be Entered on the minutes of this Court as a Testimoneal of
his Allegience and Fidelity to the United States of America
whi is granted and is as follows,

War Office York Town
Octoberss 17177.

Tacitus Gillard Esq. Late an Inhabitant of the State of South
Carolinia being on his way to Florida or some of the Countries
or places on this side Thereof, or adjacent Thereto, where he
proposes to form a Settlement, and having applied for a pas-
port to enable him to go and Travel through the parts of the
Country, in allegience to and in Amity with the united States
of America, and having produced Testimonials of his having
Taken the Oaths of allegience and Fidelity, to the said States,
These are to permitt the said Tacitus Gillard, Esqr. freely to
pass with his famely, Servants, Attendance, and Effects Down
the River Ohio, and all persons, are Desired not to molest the
said ‘Tacitus Gallord Esqr. his Family, servants and Effects on
any account or pretense whatsoever.

By order of the Board of War.
. RICHD. PETERS Secy.
To all Continental Officers and others whom it may Concern.

Richard McMahon enters Special Bail for Jacob Long, Junr.
at the suit of Benjaman Caster.

License is granted Robert Henderson to keep an Ordinary at
his Dwiling House he having complied with the Law.

Andrew Swearenghen Gentleman Absent.

Administration of the Estate of Joseph Brashers deceased is
granted to William Brashers he having complied with the Law.

Ordered that Bazel Brown, Thomas Brow, Hugh Laughlin
and John Laughlin, do appraise the Goods, Chattles, and
Credits and Slaves if any of the Estate of Joseph Brashers De-
ceased.

ANNALS OF THE CARNEGIE MUSEUM.

Andrew Swearengen Gentleman Present.

Administration of the Estate of James Louden deceased is
granted to Robert Louden he having complied with the Law.
Ordered that Ralph Cherry, Edward Doyale, Edmond Lindsey
and Isaac Meason or any Three of them they being first sworn
do appraise the goods, chattles, credits and Slaves if any of the
Estate of James Loudon deceased and make returns to next
Court.

Isaac Cox and Benjaman Kirkendal Gentleman named in the
Commission of the peace come into Court and Took the oaths
of Justices, and Justices of Oyer and Terminer.

Edward Kemp produced a Commission appointing him Cap-
tain of the Militia, which was read and sworn to accordingly.

Upon the petition of David Philips and Others Ordered that
John Jones, Robert Henderson, and John Wall they being first
sworn do view a road from McKees ferry on the Monaunga-
hela River to Pentecost’s Mills on Churteers, and make report
of the Conveniency and Inconveniency thereof to the Next
Court.

Upon the Petition of David Philips Ordered that William
Frye, Jacob Barrachman, and Jacob Shilty make a review of
the road from Peters Creek to Robert Hendersons and make
report of the conveniences and Inconveniences of the nearest
and best way, to next Court.

Samuel Newell gentleman named in the Commission of the
piece come into Court and Took the Oaths of Justices of the
pece and Justices of Oyer and Terminer.

Resolved as a Rule that this Court will attend on the Busi-
ness of this County and proceed to give Judgmt and Deter-
mine Causes, in the months of March, May, August and No-
vember, and that In the Intermediate Courts the Justices will
hold Court for proving of Wills, deeds, &c. &c. &c.

Upon the motion of George Schley ordered that his Mark a
Crop in the right Ear be recorded.

Naturalization of George Schley was read and on the motion
of the said George Ordered to be recorded.

James Kirkindall enters Special Bail for Samuel Dunn at the
suit of Samuel Holms.

Ordered that the Sheriff make sale of Cornelius Crow an In-

(24)

MINUTES OF COURT OF YOHOGANIA COUNTY. 227

dented Servant belonging to John Harry, and pay the money
arising from such sale to the said Harry. '

Upon the Petition of William Anderson Leave is granted
him to keep a ferry from his own Land on the South Easterly
side of the Monaungohela River to the Lands of Andrew
Heath on the Opposite. And that the said Anderson shall re-
ceive Nine pence for Man and Horse, four pence half penny
for every Head of neat Cattle, and the same for a foot person,
furthermore to ferry over the Militia on publick Muster days
at the rate of four dollars pr day.

Upon the motion of Godfrey Waggoner ordered that his
ear mark a hole in the left ear & a slitt in the right be Re-
corded.

Jacob Feagly
Vv in Case

Hugh Brawdy Then came the defendt. & pleads the gene-
ral Issue. ‘Then came a Jury viz. Joseph Skelton, William
Taylor, Ezekiel Johnston, Friend Cox, David Phillips, Alex-
ander Douglas, John Wall, George Long, Thos. Lapsy,
Michael Humble, Saml. Dunn & John Cox, who sayeth that
the Defendant hath not paid the Dett as in pleading he hath
allegd. Judgment for £. 7: 8: 9 Int 7 S. 6 and Costs.

Upon the Petition of Elizabeth McMahon against Peter
Ebrod. It is considered by the Court that the Plaintiff recover
against the Defendant three pounds and three pence with In-
terest from the 13th day of May 1763 untill paid.

Leave is granted Samuel Ewalt to keep an Ordinary at his
Dweling House in the Town of Pittsburgh he having Com-
plied with the Law.

The Deppotion of James Elliott and John Barr Taken before
John Campbell Esq. upon the Motion of James Swolevan in
behalf of David Dunkin. Ordered to be recorded.

Jacob Decker
Vv Petition. Ordered to be Dismissed at

Joseph Hill Sen Plaintiffs Costs.

Upon the petition of Hugh Sterling against Anthony Dun-
leavey. It is considered by the Court that the Plantiff Re-
cover against the Defendant the sum of three pounds four
shillings, and Costs.

228

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5)

ANNALS OF THE CARNEGIE MUSEUM.

Tacitus Gallard Plantiff
Vv In Trover

Nathan Ellis Defendt. Then come the parties and agreed
to Leave their Controversy to the Judgment of the Justices Sit-
ing, without the formality of a Jury. Whereupon Judgment
is given the Plantiff for One hundred and forty five Bushells
of Corn and Costs, upon Tacitns Gilliard’s demand of the Corn
& Tender of a Coppy of this Judgment.

Bazil Brown
Vv In Case Contd. premtory order. Rule

Robert Hamilon of Trial next Court.

Alexander Sumral & Thomas Jock v Walter Sumral,
Contd.

Upon the motion of Tacitus Gillard Ordered that the Sherifi
summon John McCullum be Sommoned to attend this Court
Tomorrow by two OClock after noon to prosecute his action
against said Gillord.

William Marley producd to this Court a Commission from his.
Excellency the governour appointing him Ensign of the Militia
which was read & swore to accordingly.

James Fasithe was Brought into Court and Stands Charged
with Disaffection to the State, who pleads not Guilty, where-
opon come the same Jury as before, who say that the sd. James
Fasith shall pay a fine of Twenty dollars and Suffer forty Eight
hours Confinement in the Common Goal, and before he be
Discharged therefrom give such Security as the Court Shall
think fit.

Edward Kemp enters Special Bail for Samuel Fortner at the
suit of Jacob Shilling.

Jacob Johnston enters special Bail] for Henry Newkirk at the
suit of Jacob Shilling.

Upon the motion of Abraham Fry by Benjamin his son or-
dered that Abrahams ear mark an under Bit out of the under
side of each ear be Recorded.

William Boshears produced to this Court a Commission from
his Excellency the Governour appointing him Lieutenant of
the Militia which was red and sworn to accordingly.

W"™ Downs enters Special Bail for Philip Hooper at the
suit of Michael Myers.

(27)

MINUTES OF COURT OF YOHOGANIA COUNTY. 229

W™ Downs enters Special Bail for Philip Hooper at the suit
of John Mitchell.

Benjamin Vinater enters Special Bail for Godfrey Waggoner
at the suit of James Johnston.

Upon the Complaint of John Campbell Gentleman that Sam-
uel St. Clair & Joseph Erwin have Intentionally raised Sedition
& mutinous Disturbances in the militia. Ordered that the
said Samuel and Joseph be held in five hundred pounds Bail
each, with two sureties for each in the sum of Two hundred &
fifty pounds each. Whereupon the said Samuel St. Clair Came
into Court with John Gorley and Michael Humble his securi-
ties and did Acknowledge to ow to Patrick Henry Esq. Gov-
ernor or Chief Majestrate of the Common Welth or his Suc-
cessor in Office the sd. Samuel in five Hundred pounds, and
the said Suretys in Two Hundred & Fifty pounds each, to
be levied on their respective goods and Chattles Lands &
Tenements, on the Condition that the said Samuel be of his
Good Demeaner Towards all within this Common Wealth, and
Towards all the Good Subjects of the same for one year and a
Day. Joseph Irwin, with Thomas Lapsley and John Gorley
his sureties enter into recognezonce as Aforesaid.

Thomas Lapsley and Robert Henderson produced Commis-
sions from the Governor appointing them Lut’s of the Militia
which was read and Sworn to Accordingly.

Ordered that Court be adjourned untill Tomorrow Morning
7 oClock. GEORGE VALLANDIGHAM.

May the 27", 1778. Court met according to adjournm’t.

President William Goe, George Vallandham Samuel Newell,
John McDonald, Gentlemen, Present.

On the motion of Henry Taylor Ordered that his mark a
Crop in the Left Ear and Two Slitts in the right ear be
recorded.

Thomas Freeman Gentleman Present.

James Ravenscroft P.
Vv Hog Stealing.
Samuel Beeler D.
Then came the parties and then came also a Jury, Towit:
Joseph Shelton, Edward Kemp, Uriah Johnston, Ezekiel

230

(28)

ANNALS OF THE CARNEGIE MUSEUM,

Johnston, Alexander Duglass, Thomas Lapsley, George Long,
William Marshall, Nathan Ellis, James Wright, Benjaman Col-
lings, Benjaman Cox, which being Elected and Sworn Sayeth
that the said Samuel is gelty. Ordered That the said Samuel
be fined Ten pounds Current money, and four Hundred
pounds of Tobacco. ‘The Tob’o be paid to James Ravenscroft
being Owner and Informer. Ordered that Thomas Moore be
all’d five Days attendance asa witness in the above suit. John
Hull the same, Charles Philis the Same.

Joshua Wright Gentleman named in the Commission of the
peace and Commission of Oyer and 'Terminer came into Court
and took the oaths of Justice of the piece, and Justices of
Oyer and Terminer.

David Philips v Joseph Killpatrick, ‘Thomas Miller and
Allexander Miller. Ordered to be Dismissed at Plaintiffs
Request.

Joseph Killpatrick v David Philips ordered to be dismissed
at Plantiffs request and Costs.

The Grand Jury having found a Bill against James Mc-
Goldreck for puling down a Block House belonging to the
Town of Pittsburg, the said James being Called plead not
guilty, then come the said Jury as before, and being Elected &
Sworn sayeth that the said James is Gilty. Ordered, be fined
Ten pounds Curr’t. money.

Zacheriah Connell v Nathaniel Brown Ag’d.

Alexander Bowling v Francis Morrison Cont’d.

Christian Summitt v John Gallehor & wife Cont'd

Hugh Sterling v Mordecai Richards Cont'd.

Benjamin Wells v Hugh Newell Cont’d.

Isaac Vance v Daniel Williams Ej. Cont’d.

Hugh Brawdy v Jacob Feagley Cont'd.

William Brasher v Robert Hamelton Cont'd.

John Smith v Sarah Dye Dismiss. p. Dead.

Thomas Cook v James Ferrell Ejmt. Cont’d.

Joseph Cox v John Williams, Theodorus Daviss & wife &
Mary Hazle Cont’d & P. R.

Joseph Cox v John Williams and Theodorus Daviss C. P. R.

John Lydea v Joseph Cox Cot’d.

Dorsey Pentecost v Christopher McDonald, Cont'd.

(29)

(30)

MINUTES OF COURT OF YOHOGANIA COUNTY. Zi

Oliver Miller Gentleman named in the Commission of the
piece, came into Court and Took the oath of Justices of the
pice, and Justice of Oyer & Terminer.

William Christy & Joseph Nichols enter themselves as Sure-
ties for JacobgBousman’s punctually & faithfully keeping proper
& suitable Boats & hands for ferrying the Inhabitants across the
River at his ferry Backwards & forwards, in the penal sum
of five hundred pounds.

Rodrick Frazer and John Ferry appointed Constables to
Serve the Ensuing year, and that they be summoned before
some one Justice for this County and Qualify into said Office.

Thomas Gist v Richard Waller Cont'd,

v John Hall Cont'd.
v Henry Boyles Cont’d.

John Lawrence v Thomas Rogers Cont’d

Thomas Cooke v Levington Thomas, Cont'd.

Elizabeth Burriss vy Naomi Tropman Con.

Leave is granted William Anderson to keep an Ordinary at
his Duiling House in this County, he having Complied with
the Law. -

Archibald Hull v Thomas Bondfield Cont'd.

Joseph Wherry v John White Contd. at plaintiffs Costs.

Ordered that a Dedimus Issue to take the Examination of
Matthew Rogers & Ezekil Johnston, Witness in behalf of John
White at the suit of Joseph Wherry.

Mary Burriss v John Johnston & Michael Humble. Cont’d
Be Re

William Dunnanghgain v James Gray. Cont'd.

John Peare Senr. v John Reredin. P. Dead. Dismiss’d.

John Nelson v Jacob Shilling Cont'd.

Jacob Shilling v John Nelson Contd.

Daniel Byers v James Patterson. . Contd.

William Brue v Archibald Frome Dismissd at plantiffs re-
quest.

John McDonald having obtained an Atteach. against Nathanie
Patten, and the Constable having returned that he had Leveyed
said Atteachment in the hands of Andrew Link and William
Willson, and Sommoned them as Garneshees. Ordered that
the sd. Link & Wilson be forced before the next Court to Shew

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Oo
bo

ANNALS OF THE CARNEGIE MUSEUM.

how much & what they have in their hands of the Estate of sd.
Patten.

Upon the Motion of William Marshall Ordered that his
marke a Crop in the left ear and Crop and slit in the right ear
be recorded.

John McCullum v Isaac Gallard
v Tacitus Gallard In Case.

This day come the parties and agreed to submit their Con-
troversy to the Justices now sitting, and after hearing the Alle-
gations and Defence are of Opinion that the Defendants have
paid the Debt in the Declaration mentioned, and ordered to be
Dismissed.

Upon the motion of John Trumbo Ordered that his mark a
Crop and upper bill in the near Ear, and his Brand I°T be
recorded.

Benjaman Jones v Patrick McDonald. P. C.
Zacheriah Connell v. Abraham Vaughan. PP. C.
David Willson v. Henry Bowling Agrd.

John Sperry v Samuel Beeler C. O.

John Gallehan & wife v. Christian Summitt P. C.
Joseph Lindsey v. George Long. C. O.
Richard Swessichs v Jacob Jones P. C.

Paul Froman v Robert McCrowry PP. C.
Francis Morrison v David Swigert C. O.
George Schley v John Rammage_ agd.
Susannah Schley v Robert McKindley 5S. R.

Thomas Freeman v John Linch. Dismissed
v Samuel Lynch. ~ at Plantiff’s
v James Lynch. Request.

Jacob Bousman v Jos. Bradley. Agreed.

Froman v Dean’ Plu Cap.

Gookiy Dickerson: P> Cap.

Jobn’ Pearce Senr. v Aron Carter “Ini Case‘p: Dead 7D:
v the same — same Order.

Thomas Wells v Paulcer Shillings C. O.

Joseph Pearce v Arnold Evins P. Cap.

Andrew Steel v Joseph Rolstone P. C.

Stout v Thompson & wife agreed.

(3

MINUTES OF COURT OF YOHOGANIA COUNTY. 233

W" Thompson v John Fife Sen. agrd.

Cloe Riggs v Ebenezer Corn P. C.

Moses ‘Thompson v William Carpenter P. Cap.

Dorsey Pentecost v Jacob Long C. O.

William Brashers v Robert Hamelton. P. C.

John White v Ezekiel Johnston P. C.

Nicholas Dawson v Francis Kirkpatrick P. C.

William Thompson v John Fife Sen. agreed.

John Campbell v William Patterson P. C.

William How v William Geneway |

v Ebenezer Corn © LARC
v George Corn Ju.

John Springer v James Dunnaughhow. agreed.

Joseph Barker v John Springer. ‘The plantiff Living out of
the Country. the Defendt. dem’d. security for costs, which was
not Complied with and Ordered to be Dismissed.

Benjaman Fullum v John McCornish. P. Cap.

the same Plu

Mary Burriss v David Williams. P. C.

James Patterson v Aaron Carter agreed

James Murphy v Mordacai Richard P. C.

Paul Froman v William Stephens P C

Mary Burriss v Abraham Jones P. C.

Sam Johnston & Isaac McMichel produc’d. Commissions
from his Excellency the Governour appointing them Ensigns
of the Militia which ware red & swore to accordingly.

John Chamberlain produced to this Court a Commission
from his Excellency the Governour appointing him Lieutenant
of Militia which was red & swore to accordingly.

James Faisaithe come into Court with Mabary Evins and
James Holliday, and did acknowledge to owe to Patrick Henry
Esq. Governor and Chief Majestrate of this Common Wealth
or his Successor in Office in the Sum of Twenty pounds. the
said Fasithe and his Sureties in the sum of Ten pounds each,
to be Levied on his goods and chattles Lands and ‘Tenements
for the use of the said Patrick Henry or his Successor in Office
if default is made in this Condition, that the said James Fasithe
shall be of good Demeaner to this Common wealth, and all the

b

5
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(3

)

ANNALS OF THE CARNEGIE MUSEUM.

Leage People Thereof for the Term of one year and one Day
Ensuing the date hereof.

Ordered that John Wall, James Wright, Andrew Vaughan
and Benjaman Collings or any three of them being first Sworn
do appraise the goods Chattles and Credits and Slaves if any
of the Estate of Samuel Richardson deceased, and make return
to Next Court.

John G. Masterson is Recommended to his Excellency the
Governor as a proper person to serve as Lieutenant of the
Melitia.

John Daniel is recommended to his Excellency the gover-
nor as a proper person to Serve as Ensign of the Melitia.

Upon the motion of Joseph Philis Ordered that his mark
a crop and slit in the right ear, and a Swollow fork and half
penny one left Ear be recorded.

Upon the motion of Henry Hoglond ordered that his mark
a Crop and under slit in the Left ear, and an under bit in the
right ear, be recorded.

Upon the motion of John McDonald Ordered that his mark
a Swallow fork in the Left ear and Swallow fork and under bit
in the right Ear be recorded.

Bazel Stotner is appointed Consta to serve the Ensuing and
that he be Sommoned before William Goe Gentleman to Qual-
ify into said Office.

Upon the Motion of ‘Thomas Moore Ordered that his make
a Cropt and Slit in the right ear and two slits in the Left, be
recorded.

Henry Boyles, Thomas Philip & Jacob Knap, are appointed
Constables the Ensuing year, and that they be Sommoned to
appear before some one Justice of this County and Qualify into
said Commission.

Ordered that Isaac Cox, Thomas Freeman & Andrew Swear-
ingen Gentlemen distribute the Cards Consigned for this County
upon proper & suitable Sertoficates to them produced, and that
two thirds be delivered Isaac Cox and Andrew Swearengen, and
one third to Thos. Freeman Gentleman,

Ordered that the Gentlemen named in the Commission of
peace for this County yet Remaining unqualify’d be Summoned
to next Court to qualify accordingly.

MINUTES OF CouRT OF YOHOGANIA COUNTY. 235

John Campbell Gentleman named in the Commission of the
peace & Commission of Oir & Terminer Came into Court &
took the oath of Justice of the peace & Justice of Oir & Ter-
miner accordingly.

Ordered that Court be adjourned untill Court in Course.

GEORGE VALLANDINGHAM.

At a Court continued and held for Yohogania County June
the 22™- 7778.

Present Isaa. Cox, Benjaman Kirkindall, Benjamin Frye,
Samuel Newell, Gentlemen Justices.

Inventory of the Estate of Conrod Swessicks deceased, re-
turned by the appraisers and Ordered to be Recorded.

Joseph Beeler and Joseph Beckett Gentlemen named in the
Commission of the Pice and Commission of Oyer and Terminer
came into Court and took the Oath of Justice of the piece and
Justice and Justices of Oyer and Terminer.

James Brue v. Benjaman Patton. Rich’d McMahon’ S P

Andrew Steel P.

Vv In Case

Joseph Rolston Jr. Then come the parties and agreed to
Submit their Controversy to the Justices now sitting. Jud’m’t.
for 24 L. Cur. Money & Costs.

Bargain and Sale Gasper Carther to David Andrews, for
Tract of Land was proved by the oath of David Welch one of
the Subscribing Witnesses thereto and Ordered to be recorded.
Samuel McBride, & James Scott witness Thereto was attested at
a former Court, to the Execution of 1st Bargain and Sale.

Charles Masterson, John Daviss, Jonah Potter & Shadrach
Carter, William Masterson & Joseph Hart took the Oath of
Allegience and Fidelity.

Reuben Case and John Guttery being bound in recognizance,
and stands charged with Secreting abeting and. . . abeting
the Secreting Theophilus Case a Continental Soldier. Ordered
to be Dismissed.

James Richards v Mordeca Richards, John McCormick S. Bb.

Benjaman Fullum v John McCornish, Mordeca Richards
5B.

(3

7)

ANNALS OF THE CARNEGIE MUSEUM.

Mary Burriss v David Williams, Saml. Devoir S. B.
David Williams took the oath of Allegiance and Fidelity to
the State.

Paul Froman, Plant.

Vv In Case.

William Stevens Defd. At Request of Parties Ordered to
be Refered to John McDowell, James Allison, Thomas Eger-
ton, Jacob Long, Leverton Thomas, John Cox and John Wall
and return this Judgment to next Court.

Bargain and Sale Paul Froman to Joseph Beckett for a Sur-
vey of Land on the Monaungahela River including Froman’s
old mill. Acknowledged by said Froman and Ordered to be
Recorded.

Edward Hughy produced a License from the Presbytry of
London Derry in the kingdom of Ireland to Preach the Gospel
of Jesus Christ, which was Read. Whereupon the said Edward
came into Court and Took the Oath of Allegiance and Fidelity
to this Common Wealth.

William How v. George Corn Jur, William Jencons,. George
Comesr.: 5... B:

Upon the Petition of Paul Froman Ordered that Nicholas
De Pugh, John Lovejoy, Robert McGee, and James Colvin or
any three of them View a Road the nearest and best way from
Devoir’s Ferry to Pentecost’s Mills on Charteers passing by
Fromans Mill on Mingo Creek and report the Conveniences
and Inconveniences to Next Court.

Licese is Granted Jacob Judy to keep an Ordenary at his
Duiling House he having Complied with the Law.

B. Frye Abst.

James Boyer v Paul Froman, Benjaman Frye _ S. B.

BerryesGent. Prest.

Henry Newkirk v Jacob Shilling, John Williams S. B.

Paul From v Robert McCrowry, Michael Powers. 5S. B.

Assignment of a Bill of Sale. Andrew Devoir Frederick
Cooper. Acknowledged by Samuel Devoir one of the Assinees
on sd Bill of Sale. Ordered to be Recorded.

License is granted David Dunking to keep an Ordenary at
his House in the Town of Pitts Burgh he having Complied
with the Law.

(38)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 237

Writ of Adquidomcen ' is granted Paul From to condemn an
Acre of Land to Build a Mill on a Branch of Mingo Creek.
William Johnston enters himself Defendant at the suit of

Timmothy Turnout Lessee of David Andrews against Sawney

Saphead.

License is granted Francis Kelder to keep an Ordinary at his
Dweling House He having Complied with the Law.

Richard Yeats Gentleman Named in the Commission of the
peace and Commission of Oyer and Terminer came into Court
and Took the Oth of Justice of the peace and Justice of Oyer
and Terminer.

James Hogland Produced a Commission from his Excellency
the Governor appointing him Lieut. of the Militia, which was
read and sworn to Accordingly.

John Hogland v Matthew Loghlin, Mastick Carter 5S. B.

v George Riggle, Shadreck Carter S. B.

Walter McFarlin v Samuel Beeler, Geo. McCarmick S. B.

Thomas Smallman Gentleman Named in the Commission of
the Peace and Commissioner of Oyer and Terminer, came into
Court and took the Oath of a Justice of Peace and Justice of
Oyer and Terminer.

Daviss Ruth enters himself Defendant at the suit of Tim-
mothy Turnout Lessee of John Decker, against Sawney Saphead.
James Matthew v William Hibbitt, Anthony Corker S. B.

Administration of the Estate of Dennis Stephens dec’d. is
granted to Daviss Ruth he having complied with the Law.

Ordered that David Richie, Luther Colvin, Nicholas Depugh,
& John Miller or Any three of them being first Sworn do ap-
praise the goods, chattles, Credits and Slaves if any of the Es-
tate of Dennis Stephens deceased and make return to next
Court.

Leave is granted John Reredin to keep an Ordinary at his
dweling House in this County he having Complied with the
Law.

Upon the Petition of John Miller seting forth that William
Cills is aged and Infirm and Not able to maen himself, Ordered
that Thomas Smallman Gentleman agree with some proper
person to support and maintain the said William Cills, and

1 So written, but possibly intended for ‘‘ ad damnum inquirendum.”’

(39)

(40)

ANNALS OF THE CARNEGIE MUSEUM.

that such person bring in his account at the Laying of the next
Levy.

William Deal is appointed Constable in place of Malechias-
Hays.

Whereas George McCarmick Gentleman was at a former
Court appointed Sheriff for this County, for one month, and at
the same Time recommended the said George McCarmick to
his Excellency the Governor as a proper person to Serve as
Sheriff for this County by the Ensuing year, and no Commis-
sion as yet arrived for the said Sheriff, and his pro Tempory
appointed being now Expired, the County is without a Sheriff.
Ordered that the said George McCarmick Gentleman be ap-
pointed Sheriff for this County for and During the Term of one
Month next Ensuing he complying with the Law.

John Gibson Gentleman named in the Commission of the
pice and Commission of Oyer and Terminer come into Court
and Took the Oath of Justice of the piece and Justice of Oyer
and Terminer.

Zacheriah Connelv Abraham Vaughan, Mordeca Richards S. B.

John Campbell Gentleman Present.

Ordered that William Deal be fined Ten Shillings for Refus-
ing to Serve as Constable.

Ordered William Evins be appointed Constable the Ensuing
Year, and that he be Sommoned before the nearest Justice to
Qualify into said Office.

A Request from the Court of Ohio [County] to call on the
Commissioners for adjusting the Boundery Line between this
County and the sd. County of Ohio. This court are of Opin-
ion that the sd. Request is highly reasonable. It is Therefore
Ordered that the Commissioners on the part of this County
doth proceed to finish the Business to which they have been
appointed and make report to next Court.

Thomas Bay produced a Commission from the Governor
appointing him Lieut. of the Militia which was read and
Sworn to Accordingly.

John Campbell Abst.

License is granted to James McClellen to keep an Ordinary
in the Town of Pittsburgh he having Complied with the Law.

Ordered that William Masterson, Charles Masterson, John

(41)

MINUTES OF COURT OF YOHOGANIA COUNTY. 239

Guttery, Mesheck Caster and Richd. Hoopkins, who is
Guilty of a Briech of the peace in the presence of the Court,
be and remain in the Custody of the Sheriff and be brought
before the Court Tomorrey at seven oclock.
Ordered that Court be adjourned untill tomorning 7 oclock.
THO. SMALLMAN,

June 23. 1778. Court met according to adjournment.

Isaac Cox, Thomas Smallman, Benjaman Frye, Joseph
Beckett, Samuel Newell, Joseph Beeler, Gentlemen Present.

Walter Grayham having obtained an Attach. against the
Estate of Robert Strain who is said to be so Absconded that
the Ordinary process of Law cannot be Served upon him for
Nine pounds & Six pence Pennsylvania Curr’y. and the Con-
stable having returned that by Virtue of sd. Att’mt. he has
atteach’d one Cow, and no more of the Estate of the sd.
Robert, and the sd. Robt. failing to app.". and Repevy the
sd. Att’d. Effects, though Solemly called, the sd. Walter pro-
duced a Note against the sd. Robert for thirteen pounds P. V.
Currency. It is Therefore Considered that the Plaintiff Re-
covered against the Deft Seven pounds, Twelve shilling, &
five pence Cur. money of the Value of the afo’sd. nine
pounds and Six pence P V Currency. Ordered that the Sheriff
make Sale of the Att’d. Effects, and satisfy the plant. this
Judgmt with Costs, and make return to Court.

Upon the Petition of Richard Yeates Ordered that Henry
Taylor, James Allison, James Patterson, William Brashers, or
any three of them being first Sworn View a Road from Cat-
fish camp to Pentecosts Mills and make report of the Con-
veniency an Inconveniency to next Court.

Samuel Newell Gent. Ab’t.

Administration of the Estate of Thomis Lewis deceased is
granted Robert Newell he having complied with the Law.

Ordered that David Vance, David McCaw, James Tucker,
and George Vance or any three of them being first Sworn
appr. the Estate of Thomas Lewis deceased and make return
to next Court.

Upon the Petition of Anthony Dunleavey ordered that Robert
Henderson, Georg Redman, Richard Crooks and William
Anderson or any three of them being first Sworn View a Road

240

(42)

ANNALS OF THE CARNEGIE MUSEUM.

from Pittsburgh to Pentecosts mills on Churtees and make
report of the Conveniency and Inconveniency to Next Court.

William Crawford, John Stephenson and William Harrison
Gentlemen Named in the Commission of the pece and Com-
mission of Oyer and Terminer come into Court and Took the
Oath of Justice of the pice and Justice of Oyer and Terminer.

John Campbell and John Gibson Gent. Pt.

George McCarmeck Gentlemen came into Court and Took
the Oath of his high Sheriff for this County for the Term of
one Month.

Hugh Sterling come into Court and Took the Oath of Deputy
Sheriff for this County for the Term of one month.

Hugh Ohara with James McCleland & «Walter Graham his
Securities came into Court and acknowledged themselves to be
indebted to Patrick Henry Esqr. Governor &c that is to say the
said Hugh Ohara in the sum of £ 100 and the said James
McCleland and Walter Graham in ¥ 50 each to be levied upon
their respective Goods & Chattells lands and ‘Tenements for
the use of this State upon condition that the said Hugh Ohara
shall personally appear before the Justices of this County at the
next August Court then and there to answer to such Matters
and things as shall be objected against him touching his being
Accissary, to the desertion of two Soldiers and not to depart the
Court without leave, &c.

Margaret Brannon with Henry Heth Gent. her Security came
into Court and acknowledged to be indebted to Patrick Henry
Esq’. Governor &c. in the sum of £30 conditioned for the per-
sonal appearance of Margaret Brannon at the next august Court
then and there to prosecute the above Hugh Ohara and not
depart the Court without leave &c.

Malachia Hays v William Deal, Hugh Ohara Sp. BI.

John Minter Gent. took the Oath of Capt. of the Militia &
William McCormick Lieut.

Robert Newell is recommended a Lieut. of Militia and took
the oath accordingly.

Richard Swisicks v Jacob Jones

Jas. Keykendal S. B.

Benjamin Vanatre v Jas. Keykendal

Jacob Jones S. B.

(43)

(44)

MINUTES OF COURT OF YOHOGANIA COUNTY. 241

John Ormsby obtained license to keep an Ordinary in the
Town of Pittsburgh he having complied with the Law &c.

Mary Irwin obtained License to keep an Ordinary at Pitts-
burgh she having complied with the Law.

Joseph Vance came into Court and took the Oath of Captain
of the Militia to which he is recommended.

Ignace Labat obtained License to keep an Ordinary at
Pittsburgh he having complied with the Law.

Joseph Glass is recommended as Lieut. of the Militia and
John Rankins Ensign.

William Masterson, Charles Masterson, Richd. Hopkins,
John Guthery & Meshech Carter who were yesterday commit-
ted to the Sheriffs Custody being brought before this Court, it is
the opinion of the Court they be fined viz. William Masterson
& Richard Hopkins 40 S. each and that Richd. Hopkins be
fined in the additional sum of 5 S. for drunkenness and that John
Guthery & Meshech Carter be discharged, the Court do further
adjudge that Charles Masterson be fined 20 S. for rioting and
the further sum of ro S. for swearing two profane Oaths.

Absent Isaac Cox.

Saml. Wall v John McCallister, Richd. McMahon SS. B.

Absent Majr. Smallman & John Gibson Gentlemen.

Ignace Labat and John Irwin appeared in Court charged
that they on the night of the r4th of April last did encourage
a number of prisoners then in Confinement for disobedience of
Orders, refusing their duty as Militia and Mutiny to break
their Arrest and for opposing the officer in the Apprehending
of them, it is the opinion of the Court that they be bound
over to the next Grand Jury Court. Whereupon the said John
Irwin with John Gibson & Thos. Smallman his Sureties
acknowledged to be indebted to Patrick Henry Esqr. Govr.
&c. that is to say the said John Irwin in £ roo and the said
John Gibson and Thos. Smallman in £4 50 each conditioned
for the personal appearance of the said John Irwin at the next
Grand Jury Court, and in the meantime be of good behaviour
and not to depart the Court without leave Xc.

Absent John Campbell, Gent.

It is also the Judgment of the Court that Ignace Labat be
likewise bound over to the next grand Jury Court, whereupon

949

ANNALS OF THE CARNEGIE MUSEUM.

the said Ignace Labat with John Gibson & Thomas Small-
man Gent. his Securities acknowledged to owe to Patrick
Henry Esq. Governor &c. the following sums, viz. Ignace
Labat the sum of ¥ 100 and the said John Gibson and Thos.
Smallman the sum of £ 50 each to be levied &c. upon condi-
tion that the said Ignace Labat shall personally appear at the
next Grand Jury Court to answer the above Complaint and
that in the meantime he be of good behaviour and not to depart
the Court without leave &c.

Present Isaac Cox Gent. & John Campbell Gent.

On motion of James McMichael Ordered that his Ear-mark
a Crop and a Slit in each Ear be recorded.

Joseph Beeler Jun. came into Court and Took the oath of
Deputy Sheriff.

Petition & Summons John Allen Thorp against Thomas
Applegate ; Ordered to be Dismissed at Plantiffs Costs.

Andrew Dodge obtained License to keep an Ordinary at
his Dwelling house on the Road from Devoir ferry to Shirtee’s
Creek, he having complied with the Law &c.

Ordered that William Crawford Gent. be appointed a Com-
missioner with Richard Yates & Isaac Leet for adjusting and
settling the Boundary Line between this County and the County
of Ohio.

Thomas Lapsley a Lieut. in the Militia came into Court and
informs them he is in dayly fears on acco’nt of being appre-
hended by the Millitary Law and desires the protection of this
Court on a Matter which from the testimony of the Evidence
now aduced appears an Affair of Slander. the said Mr. Lapsley
now surrenders himself to this Court. Whereupon Proclamation
being made that if any person could ought say against the said
Thos. Lapsley they might then be heard, but none appearing
the Court are of Opinion the said Mr. Lapsley be and he is
hereby discharged.

Ordered that the wife of George Frederick Kiper a Soldier
in the Continental Service be allowed the sum of Four pounds
per month for the support of herself and three children.

Ordered that Three pounds per Month be Allowed to the
three Children of John Evans a soldier of Capt. Heths Com-
pany in the Contl. Service.

(46)

(47)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 243

Ordered that Court be adjourned until Tomorrow morning
6 oclock. THO. SMALLMAN.

June 24th, 1778. ‘The Court met pursuant to their adjourn-
ment.

William Crawford, Thomas Smallman John Stephenson,
William Harrison, Joseph Bealer, Gentlemen Present.

Ordered that Colo. John Stephenson and Colo. Isaac Cox do
call on Thomas Brown and receive from him the Cotton and
Wool Cards sent up to this County, one half of which are to be
distributed in the Battalion of Colo. Stephenson and the other
in that of Colo. Cox. These Gentlemen to whom this charge
is intrusted are to conduct themselves agreeable to the Gov-
ernors Letter to the Justices of this County on the 26th Novr.
last, provided that if there are more Women in either Battalion
Colo. Stephenson & Colo. Cox are to supply each other accord-
ing to the number of persons who may have a right to obtain
the same.

Ordered that the Sum of 4o S. per month be allowed to the
widow of James Shirley killed in the Service, then a Soldier
in the 13th Virginia Regiment in the Service of the United
States, for the support and maintenance of herself and Child,
the same to commence from the 25th March last.

Ordered that Christiana Churchill the wife of Charles
Churchill, now in the 12th Virginia Regiment in the Conti-
nental Service be allowed Three pounds per month for the
Support of herself and two Children.

Ordered that Hannah Burns the wife of Matthew Burns late
of the 11th Virginia Regt. deceased then in the Continental
Service be allowed the Sum of 40 S per month for the Support
and maintenance of herself and one Child.

Ordered that Mary the wife of John Overlin a Soldier in the
Service of the United States and now in the 13th Virg’a. Regi-
ment be allowed £ 5 per month for the support and Mainten-
ance of herself & four Children.

Ordered that Bridgit Blackston the Widow of Prideaux
Blackston a Soldier in the 13th V. Regt. deceased then in the
Continental Service be allowed “ 3 per month for the Susten-
ance and support of herself and two Children.

244

(48)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that the Support of the Wives of Soldiers and
Widows of Soldiers deceased with their Children unless particu-
larly ascertained from some particular date, such Support shall
commence from the 25 March last. And that Colo. Campbell
be requested to supply such distressed families agreable to the
order of this Court, and the Clerk of this Court is to draw
upon the Tresurer of this Common Wealth in favor of the said
Colo. Campbell for the purposes aforesaid to the 25th Septem-
ber next, it is further the opinion of the Court that Colo.
Campbell advance to such distressed families the Allowance
granted by this Court to the 25th July and to retain the Bal-
lance in his hand subject to the farther Order of this Court.

On the Petition of Colo. John Campbell setting forth that
he is desirous of building a Mill on Charties Creek — that the
Land on both sides of the Creek where he intends to build his
dam in his own property, but he is apprehensive that some
lands the property of some persons to him unknown at the
mouth of Robinson’s Run may be flooded by the Back Water
of his Dam. Ordered that the Sheriff summon 12 freeholders
of the vicinage to meet on the Land so said to be affected by
the back water from his said Dam, and such Jury are to value
the Damages and report the same to next Court under their
hands and Seals.

Ordered that the following Gentlemen be appointed to re-
ceive the lists of ‘'ythables within the following districts viz:
— John Campbell Gent for the district of Capt Lee & Capt
Bousman. Benjamin Keykendal Gent. for the districts of
Capt. Evans & Capt Z. Wright. Joshua Wright Gent. for the
districts of Capt. Jas. Wright & Capt. Cook. Benjn. Fry Gent.
in the districts of Capt. David Ritchey, Capt. Ellis, & Capt.
Kemp. John McDaniel Gent. for the district of Capt. David
Andrews, Capt. Records & Capt. Nicholas Dawson. George
Valandingham Gent. for the districts of Lieut. Newill. An-
drew Swearingen Gent. for the districts of Capt. Vance, Lieut.
Bay and Capt. Matthew Ritchey. Richd. Yates Gent for the
Districts of Capt. A. Swearingens, and the district late Major
Taylors. Isaac Cox Gent for Capt. Baxters district. Thos.
Freman Gent for his own district & Capt. Ford’s. William
Harrison Gent for the district of Capt. Pearce. William Goe

MINUTES OF COURT OF YOHOGANIA COUNTY. 245

(49) Gent. for Capt. Springer’s district. Joseph Becket Gent. for

(5°)

Capt. Crows district and John Stephenson Gent. for the dis-
trict of Capt. Minter.

Samuel Devoir is appointed Constable the Ensuing year,
and that he be Sommoned before the nearest Justice and
Qualify.

Inventory of the Estate of John Vance Deceased returned by
the Appraisers and Ordered to be recorded.

Peter Stasey is appointed Constable for the Ensuing year
who is to be Sommoned before the nearest Majistrate to
Qualify in sd Office.

Ordered that William Crawford & David Shepeard Gent.
do lay out the Prison bounds for this County agreable to Law
and report to this Court.

The said William Crawford and David Shepherd Report as
follows. Beginning at a Large Black Oak Standing Easterly
from the Court House and Marked with Six Notches, and Ex-
tending Thence Southerly by a Line of Marked Trees to a
White Oak Marked with Six Notches, Thence Westerly by a
line of Marked Trees to White Oak Near and Including
a Spring, Thence Northerly by a Line of Marked Trees In-
cluding the House of Paul Matthews to a White Oak, Thence
by a Line of Marked Trees to the Beginning, which is ordered
to be recorded.

Upon the motion of George McCarmeck Ordered that his
mark a Lower half Crop on the Left Ear and Crop on the
Right Ear be recorded.

Upon the motion of George McCarmeck in behalf of Thomas
Cherry Ordered that his ear mark a Crop in the Right ear be re-
corded. |

Ab’t. John Stephenson Gent.

Upon the motion of John Stephenson Gent. Ordered that
his mark a Crop and hole in the Left ear a Slitt in the right
Ear be recorded, and his Brand a figure of 3 on the near
Shoulder and figure of 7 on the near Buttock be recorded.

Upon the motion of Thomas Spencer Ordered that his mark
a Upper half Crop in the Left Ear and Under half Crop on
the right Ear be recorded.

Upon the motion of John Campbell Gent. Ordered that his

246

(51)

ANNALS OF THE CARNEGIE MUSEUM.

Ear mark an under half Squear in Each Ear be recorded, and
his Brand I C On the near shoulder be recorded.

Upon the motion of Joseph Beeler Gent. Ordered that his
mark a Slit in the Left ear and a hole in the right Ear be re-
corded, and his Brand Thus J. B. on the near shoulder be also
recorded.

Upon the motion of Henry Heath Gentleman Ordered that
his Mark a upper half penny in the Left Ear and upper half
penny in the Right Ear be recorded, and his Brand an H on
the Near Shoulder be recorded.

Upon the motion of William Harrison Ordered that His
mark a Swollow fork in Each Ear be recorded.

Upon the motion of Dorsey Pentecost Ordered that his
mark a Crop in the Left Ear and Crop and Slit in the right
Ear be recorded.

Ordered that Court be adjourned to Court in Course.

THO. SMALLMAN.

-At a Court Continued and held for Yohogania County July
a7th, 17.78.

Present Isaac Cox, Benjaman Kirkendall, Joseph Becket,
Joshua Wright, Gentlemen Justices.

James Rogers Gent. named in the Commission of the peace
and Commission of Oyer & Terminer came into Court and
swore to the Same.

Joseph Cox v John Beetsman, John Williams S. B.

James Vanatre v William Braden, Thomas Bamfield S. B.

James Vanatre v Joseph Perkeson, William Fry _ S. B.

William Caldwell v William Fry, Thos. Lapsley S. B.

William Caldwell v Peter Reasner, Thomas Lapsley S. B.

Two deeds of Surrender William Fry to Adam Wickerham
acknowledged by said Fry party thereto and ordered to be
recorded, and two Assignments thereon from said Wickerham
to Nicholas Depugh was also acknowledged by said Wickerham
and likewise ordered to be recorded.

Thomas Lapsley who stands bound by Recognizance taken
before John Gibson, John Stephenson & Wm. Harrison Gent.
to this Court personally appeared and no evidences appearing
to prosecute Ordered the said Thos. Lapsley be discharged

from his Recognizance.

ee

(52)

(53)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 247

Recognizance of John Springer was produced in Court but
neither party appearing Ordered to be continued over to next
Court.

Robert Henderson v John Kinkead, Benjn. Kirkendal
Gent. 5. B:

John McCullom v Isaac Galliard, Common Order against
Deft. & app. Bail.

Report of the Commissioners for settling and adjusting the
Line between this County and that of the Monongahela County
returned by the said Commissioners and Considid with by the
Commissioners on the part of the said County of Monaungala,
is Ordered to be confirmed, as the Bounds between this County
and the said County of Monaungahela and Ordered to be
recorded.

John McAnulty
Vv Petition. Ordered to be Dismissed at

John Armstrong Plantiff’s Request.

Dorsey Pentecost clerk of this Court informed the Court
on Oath that at a Court held for this County April 28th
last Martha Davis acknowledged two Indentures to Isaac Cox
Gent but through the hurry of Business the Letter S. was left
out. It appears to the Court that the Indenture was executed
by said Martha and by her acknowledged and it is ordered to
be recorded.

Bill of Sale William Portor to James Ellis with the Return
of Isaac Cox and Joshua Wright Gent of the Examination of
Catherine Collins an absent witness Ordered to be recorded.

Ordered that the Award of George Valandingham, Henry
Taylor and John Hull in the Action between John Springer
and Henry Kearsey be set aside the proceedings of the said
arbitrators appearing to be illegal.

Paul Froman
Vv In Case
William Stephens Award returned and confirmed by the
Court for the sum of four Hundred Eighty pounds Eight
Shillings and his Costs about this Suit in that behalf Expended.
Ordered that Francis Reno be recommended to his Excel-
lency the Governor as a Proper Person to serve as Captain in

248

(54)

ANNALS OF THE CARNEGIE MUSEUM.

the Militia in the Room of William Lee now in the Continen-
tal Service.

Ordered that Jane the wife of Greenberry Stors a poor
Soldier in the Continental Service from this State be allowed
the sum of two pounds pr. month for the support of herself
and one child to Commence the first day of May last, and that
this Court draw on the Treasurer of this Common Wealth for
the Same up to the 25th day of Sept. next.

Recognizance of Christian Lestnett and wife, Christian
Lestnett Jun. Frederick Lestnett, Francis Lestnett and Stoffel
Lestnett was Return and no prosecutors appearing Order to be
Continued.

View and Report of the road from Devoir’s ferry to Pente-
costs mills on Churteers Creek returned by the Viewers, Or-
dered to be set aside.

Ordered that Court be adjourned untill Court in Course.

Isaac Cox.

Ata Court Continued and held for Yohogania County Au-
gust 24th 1778.

Present Isaac Cox, Joshua Wright, Richard Yeates, James
Rogers, Gent. Justices.

Ordered that Letters of Administration be granted to Eliza-
beth Ketchum and William Ketchum the Widow and bro’r of
Samuel Ketchum decd. they having complied with the Law.
Whereupon the said Eliza. and William came into Court and
entered into Bond and Oath accordingly.

Oliver Miller & Andrew Swerengen Gent. Present. Joseph
Beeler Gent. Prest. Joseph Becket Gent. Prest. Saml. Newell,
Gent. Prest.

Joseph Beeler Gent
Vv IsaacyPearces 5. Bb:

Ebenezer Walker.

Benjn. Kekendal Gent. Prest.

John Daniel produced a Commission from his Excellency
the Govr. as Ens’n of Militia which being read the said John
Daniel swore to the same.

John Masterson came into Court and took the Oath of Lieut.
of the Militia he having produced his Excellency the Gov’rs.
Commission.

(55)

(56)

MINUTES OF COURT OF YOHOGANIA COUNTY. 249

Richard Elson produced a Commission from his Excellency
the Governor appointing him Ensign of the Militia, which
being read the said Richd. swore to the same.

Saml. Newell Gent. Absent.

Administration of the Estate of John McCoy deceased is
granted to Margaret McCoy his widow she having complied
with the law. Ordered that Philip Philips, Jonathan Philips,
John Nicholas & John Philips or any three of them being
first sworn do appraise the Estate of John McCoy decd. and
make return to next Court.

Ordered that Andrew Pearce, Richd. Johnston, James Wall
and Richd. Sparks or any three of them being first Sworn do
appraise the Estate of Samuel Ketchum decd. and make return
to next Court.

Administration on the Estate of Thomas Brasher decd. is
granted to Robert Brasher his Bro’r. he having complied with
the Law. Ordered that Robt. Jackman Basil Stoker, Jeremiah
Riggs & William Jackman or any three of them being first
Sworn appraise the Estate of Thos. Brasher decd. and make
return to next Court.

Patrick Jordan acknowledged two deeds of Bargain and Sale
to Charles Norris which are ordered to be recorded.

John Gibson Gent came into Court and acknowledged a
deed of Surrender to Matthias Slough Esq. tooo Acres of Land
on the Ohio which is ordered to be recorded.

Thos. Freeman Gent. Present.

Ann Brook being boufhd over to answer the Stealing two
pounds of Coffee from Sarah Sample appeared before the Court
when no evidence appearing, Ordered that the same be dis-
missed.

John Logan enters himself Deft in an Action of Ejectment
at the Suit of Walter Graham.

William McMahon produced a Commission from his Ex’cy
the Governor appointing him Lieut. of Militia & took the Oath
to the Same.

John Hall
Vv John Williams S. B.
Joseph Wells
Report of the County Line returned by Richd. Yeates, Wm.

(57)

(58)

ANNALS OF THE CARNEGIE MUSEUM.

Scott, Jas. McMechen & Isaac Leet Junr. read in Court and
Ordered to be recorded.

License is granted to John Bradley to keep an Ordinary at
his Dwelling house at Pittsburg he having Complied with the
Law.

John Hall
Vv Nichs. Dawson S. B.
Joseph Waller
Ordered that the Court be adjourned to 7 0’Clock tomorrow
morning. RICHARD YEATES.

Court met Pursuant to adjournment August 25th. 1778.

Present William Goe, Richard Yeates, Samuel Newell, Oliver
Miller, James Rogers, Joseph Beckett.

Deed of Surrender John Bull to Nicholas Peese acknowl-
edged by the said Bool and Ordered to be Recorded.

Deed of Surrender Paul Froman to Adam Wickerham ac-
knowledged by said Froman party thereto and Ordered to be
recorded.

Deed of Surrender. James Fergurson to Adam Wickerham
Acknowledged by said Furgerson party thereto and Ordered to
be Recorded.

Deed of Surrender John Bolley to Michael Teggart acknow]l-
edged by said Bolley and ordered to be recorded.

Administration on the Estate of John Walker is granted to
Gabriel Walker he having complied with the law. Ordered
that James Ewen, John Bale, Alexr. McCandless and Thomas
Redman or any three of them being first sworn do appraise the
Goods Chattles and Effects and Slaves if any of the Estate of
John Walker decd. and make return to next Court.

Inventory of the Estate of Edward Griffeth decd. retd. by
the appraisers and ordered to be recorded.

Nicholas Dawson
Vv Saml. Holmes 5. B.
Fra’s. Kirkpatrick
Present Andw. Swerengen and Benjn. Kekendal Gents.
Administration of the Estate of William McCoy decd. is
granted to Philip Philips he having complied with the law.

(59)

MINUTES OF COURT OF YOHOGANIA COUNTY. D1

Ordered that Jediah Ashcraft, Wm. Hinch Isham Barnet and
Benjamin Sweet or any three of them being first sworn do ap-
praise the Estate of William McCoy decd. and make return to
next Court.

Administration of the Estate of William Lindsey decd. is
granted to Michael Teggart he having complied with the Law.
Ordered that Tobias Mattocks, Joseph Ross, Saml. Brice, &
Thos. Bond or any three of them being first Sworn do appraise
the Estate of Wm. Lindsey and make return to next Court.

Deed of Bargain & Sale and Receipt annexed from James
Patterson to David McCrowry acknowledged by said James
Party thereto and ordered to be recorded.

Deed of Surrender William Stephens to Andrew Devoier
was proved by the Oath of Saml. Thompson and John Duke
and Ordered to be certified.

Tobias Woods.
Vv

John McKee Maybery Evans _ 5S. B.

Daniel Swigert
Vv

James Murphy Michael Teggert S. B.

Thos. Freeman Gent. Absent.

An Indenture Jane Armstrong to Valentine Thomas D’ Alton
acknowledged by said Jane and ordered to be recorded.

Ordered that Jane Armstrong the wife of Geo. Armstrong a
deceased Soldier then in the Service be allowed for the support
of herself and four Children five pounds per month to the 6th
of July from 6th April and Three per month from said 6th July.
Ordered that the Clerk do draw on the Treasurer for the same.

Mortgage John Steward to Jacob Bousman was proved by
the oath of James Berwick the other evidences having hereto-
fore proved the same. Ordered to be recorded.

On the Petition of James Johnson & others Ordered that
Andrew Pearce son of James, James Wall, John Crow & Rich’d.
Johnson or any three of them they being first sworn view a
Road out of the Road leading from Gists to Devoirs ferry near
And’w. Dye’s passing thro’ the forks to the Monongahela oppo-
site the mouth of Mingo Creek thence Crossing the River the

(60)

(61)

ANNALS OF THE CARNEGIE MUSEUM.

nearest and best way to the Mill Froman is now building near
the mouth of Mingo Creek.

Review of a Road from Peters Creek to the house of Robert
Henderson beginning at the lower end of Zadock Wrights field
from thence following the Ridge to Jacob Barrackmans land
leaving him on the right hand and from thence to Martha
Lapsleys Land leaving her to the right hand from thence to
Robert Hendersons. returned by the reviewers & ordered to
be confirmed.

Ordered that William Bruce be appointed Surveyor of the
Road leading from Raredon’s ford passing by Kekendals Mill
to the house of Robert Henderson and that the Tythables
within three miles of each side said Road work on the Same.

Ordered that Robert Craighead be appointed Surveyor of the
Road from the top of the Ridge near James Wilson decd. to
Raredons on the Monongahela and that the Tythables on both
sides said Road work on the same within three miles thereof.

Ordered that Andrew Dye be appointed Surveyor of the Road
from the House of Leonard Extine to the top of the Ridge near
the house of James Wilson and that the Tythables between the
two Rivers not exceeding three miles work on the Same.

Ordered that the Wife of William Shaw a poor Soldier be
allowed three pounds per month for the Subsistance of her
three Children from this date, and the Clerk to draw on the
Treasurer for the Same.

Deed of Surrender Henry Taylor Gent to David Ridle ac-
knowledged by said Taylor and ordered to be recorded.

Administration of Estate of Samuel Duncan Decd. is granted
to David Duncan he having complied with the Law. Ordered
that John Ormsby, Samuel Sample, Samuel Evalt and William
Christy or any three of them being first sworn do appraise the
personal Estate and Slaves if any of Samuel Duncan deceased,
and make return to next Court.

Joseph Beeler Gent. Present.

Benjamin Vanatre Enters himself Defendt. in an Action of
Ejectment at the suit of Henry Morrison.

John McDaniel Gent Present.

Bill of Sale Sarah Reed to Robert Blackley and John Reed
for a negro named Pompey Approved by the oath of Joseph

(62)

MINUTES OF COURT OF YOHOGANIA COUNTY. 253

Becket one of the Subscribing Witnesses and ordered to be
certified.

George Lightenberger being summoned as a Garnishee in an
Atta’m’t. against Geo. Croghan at the suit of Simon & Camp-
bell appeared before the Court and saith he hath one Wheat
Fan the property of the said George in his possession and no
more.

Henry Morrison.

V Benjn. Vanatre S. B.

James Vanatree

On the Petition of David Williams & others Ordered that
Abraham Miller, Henry Millier, Henry Newkirk and William
Murley or any three of them being first sworn Do view a Road
from Paul Fromans Mill on Mingo Creek to the Road leading
from Pentecosts Mills to the Court House and make Return to
next Court of the Conveniences and Inconveniences thereof &c.

On motion of Paul Froman Ordered that his Mark a Crop in
the right ear be recorded.

On motion of David Williams Ordered that his Mark a Crop
off each Ear and a half penny in the under side of the right ear
be recorded, and his Brand D W be also recorded.

On motion of Isaac Springer Ordered that his Mark a Crop
in the near Ear and a Nick and a Slit in the off Ear be re-
corded.

On Motion of Robert Little Ordered that his Mark a half
Crop in the Left Ear and an under bit in the right Ear be re-
corded.

On Motion of William Downs Ordered that his Mark a Crop
off each Ear and a Slit in each Ear be recorded.

Benja. Jones
Vv

Patrick McDaniel William Deal S. B.

Deed of Surrender Henry Wood to Conrad Loutherback
acknowledged by said Henry Party thereto and ordered to be
recorded.

Two deeds of Surrender, Sampson Beaver to Thomas Cook
acknowledged by said ‘Sampson Party thereto and ordered to
be recorded.

O54

(63)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that Isaac Taylor be allowed the Sum of 94 Dollars
for the Carriage of the Cards allotted to this County from
Williamsburg and that Colo. Cox and Colo. Stephenson do
account with said Mr. Taylor for the Same as sold.

Ordered that the Subsistence granted to the Wife and Six
Children of William Shaw a poor Soldier who died in the Con-
tinental Service be extended to the 25th Sept. next. Vide,
April-28th, 1773.

James Scott produced a Commission from his Excellency
the Governor appointing him Captain of Militia which was
read & sworn to accordingly.

James Wherry Produced a Commission from his Excellency
the Governor appointing him Lieut. of the Militia which was
read & sworn to Accordingly.

George Vallandingham Gent. Present.

Ordered that the sum of Twenty Shillings p. month be al-
lowed the wife of Daniel M*Cay, a poor Soldier in the Con-
tinental Service for her support.

Deed of Surrender John Hodglond to James Rogers.acknow]-
edged by said Hoglond party thereto and ordered to be
recorded.

Deed of Surrender Isaac Cox, to John Decker Acknowledged
by said Cox and Ordered to be recorded.

Ordered that Thomas Bay be recommened to his Excellency
the Governor as a proper person to Serve as Captain in the
Melitia. .

Thomas Bay produced a Commission from his Excellency
the Governor Appointing him Captain in the Melitia which
was read and Sworn to Accordingly.

Thomas Reed produced a Commission from the Governor
appointing hima Lieutenant in the Militia which was read &
Sworn to accordingly.

Richard Yeates, Absent.

Hugh McDonald produced a Duplicate of an Indenture
Binding him the sd. Hugh a Servant for the Term of three
and a half years, bearing Date the Twenty Ninth day of June
1775, which is not yet expired yet the said Hugh claim freedom
from a Bargain between his late Master William Powel, & a
former Master who sold the sd. Hugh to the said Powel, and

(64)

(65)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 955

from the Evidence aduced to this Court, it appears that the
sd. Hugh McDonald is a free Person.

Hugh Brawdy
v In Trespass.

Jacob Feagley. Then came the parties and requested that
This Suit should be refered. Ordered that The said Suit be
refered to John Decker, William Taylor Morris Brady, John
Corn & Vinson Colvin, and that they do return their Opinion
to Next Court.

Ordered that Peter Rowleter be recommended to the Gov-
ernor as a proper person to Serve as Captain in the Melitia,
and James Miligan as Ensign.

Inventory of the estate of Samuel Richardson Returned by
the Appraisers and Ordered to be Recorded.

William Renno a Minister of the Gospel come into Couit
and Took the oath of Allegience and Fidelity to this State.

Inventory of the estate of Archibald McNeal returned by
the appraisers and Ordered to be Recorded.

Deed of Surrender John Hill to John Cannon acknowledged
by sd. Hill and Ordered to be recorded.

Joseph Cox

Vv In Case.
John Williams At request of Parties Ordered That this
Bright Daviss & Suit be Refered to Henry Taylor, John
Mary Hoyle Duglass, Nicholass Little, John Ackerson,

William Colvin, & John Lydea, and that they Return their
Opinion to Next Court.

Joseph Cox
Vv In Case

John Williams & At Request of parties Ordered That this

Theodorus Daviss suit be refered to Henry Taylor, John
Duglass, Nicholass Little, John Ackerson, William Colvin, and
John Lydea, and make report to Next Court.

Ordered that Philip Ross be recommended to the Governor
as a proper person to serve as Captain in the Melitia.

Philip Ross Produced a Commission from the Governor ap-
pointing him Captain in the Melitia which was read & sworn
to accordingly.

bo
ol
or)

(66)

(67)

ANNALS OF THE CARNEGIE MUSEUM.

Lewis Renno produced a Commission from the Governor
appointing him Ensign of the Militia which was read & sworn
to accordingly.

Joseph Alexander came into Court and took the Oath of
Ensign of Militia agreably to his Commission read in Court.

Ordered that Saml. Newell Gent. do wait on Colo. Camp-
bell for the Acts of Assimbly.

On Motion of Jonathan Martin Ordered that his Mark a Slit
in both ears be recorded.

On Motion of Samuel Dunn Ordered that his Mark two
under half Crops in both Ears be recorded.

Ordered that Theophelus Case be appointed Constable to
Serve the Ensuing year, and that he be Sommoned before James
Rogers to Qualify into said Commission.

Ordered that Court be adjourned to Six Oclock tomorrow
morning. Benya. KUYKENDAL.

Court met Pursuant to adjournment, August 26th, 1778.
Present. Samuel Newell, James Rogers, John M* Donald,
Isaac Cox, William Goe, Oliver Miller, Gentlemen Justices.

Christian Summitt
Vv In case.

John Gollehair & wife. Ordered to be Dismissed at Plantiffs
Request.

Benjn. Kekendal, Present.

The Last will and Testament of James Freeman was proved
by the Oaths of John Thompson & Gilbert Cammeron the Two
Subscribing Witnesses and Ordered to be recorded.

James Johnston
Vv In. ‘Case:

Godfrey Waggoneer At Request of Parties Ordered That
this suit be refered to John Crow, Henry Miller, Nicholas
Christ & John Decker, and that they report their Opinion to
Next Court.

John McDonald Took the Oath of Executor of the Last Will
and Testament of James Freeman Deceased.

John Cannon and Matthew Richie Gentlemen named in the
Commission of the Piece and Commission of Oyer and Ter-

(68)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 257

miner, Came into Court and Took the Oath of Justice of the
Peece and Justices of Oyer and Terminer.

George McCarmick Gentleman produced a Commission from
the Governor appointing him Sheriff for this County which
was read, the Court demanded the sd. George McCarmick
Gent. to enter into Bond according to Law, and Qualify into
said Commission which he refused alleging that he was a Cap-
tain in the 13th Virginia Redgment in the Continental Ser-
vice, and Contrary to his Expectation the General refused to
permit him to resign his said Melitary Commission and that
his serving as Sheriff was Incompatible with his duty in the
Military department, it is the Opinion of the Court that the
reasons are satisfactory.

Ordered that Matthew Ritchie, Joseph Beckett & James
Rogers Gentl. be recommended to his Excellency the Governor
as proper persons for his Excellency to Commission one as
Sheriff to serve the Ensuing year.

Matthew Ritchey Gent came into Court and took the Oath
of High Sheriff for the Term of one month.

Joseph Ford produced a Commission from his Excellency the
Governor appointing him Captain of the Melitia, which was
read and Sworn to According.

Ordered that the Clerk forwared the following Letter to his
Excellency the Governor.

Sir

Permit the Justices of the County Court of Yohogania to
address your Excellency, in Answer to Your Letter of the 2"
of May Last. We feal as we hope we ought for the Gover-
nours attention to the affairs of this County. The reasons of
the Courts passing over the Colonel, Lieutenant Colonel, and
Major, (which your Excellency formerly Commissioned) in
their Late recommendation, was, that the Colonel and Major
Informed the Court, or some Members thereof, that they had
signified their resignation to your Excellency and their reasons
for so doing, and that the Causes was not removed and refused
to be recommended we have Only heard that your Excellency
Commissioned Mr. Thomas Brown as Lieutenant Colonel, and
that the said Mr. Brown refused Serving, as he was not recom-

(69)

(70)

ANNALS OF THE CARNEGIE MUSEUM.

mended by the Court. This we believe to be the State respect-
ing the Lieutenant Colonel as a Commission did not Come up
to Isaac Cox who was recommended as Lieutenant Colonel at
the Time the Colonel was recommended. We also found the
County Lieutenant furnished with Blank Commissions which
he filled up to the field and others Officers on the spot. Our
Delegates not attending the last Cession, We have had no Con-
venient Conveyance to your Excellency, otherwise we should
have answered your Letter Earlier, and which for the above
reason has had no bad effect, the officers all being Commis-
sioned by the County Lieutenant and Qualified before the
arrival of your Excellency’s Letter. We are to acknowledge
the receipt of the Captains and Subaltrons Commissions which
we delivered to the County Lieutenant, who detained Captain
James Scott and Subaltrons Commissions untill yesterday, which
was then Delivered and Sworn to.

Matthew Ritchie Gentleman high Sheriff Protest against the
sufficiency of the Goal to retain Prisoners.

Ordered That John Cannon and Richard Yeates Gentlemen,
Inspect the Clerks Office of this County, and report to next
Court the Condition in which they find the Papers and Records.

Ordered that Mary the wife of Alexander McAdams a poor
Soldier in the Continental Service be allowed 20 S. p. month,
for her Support, to Commence the 25th of May last, and be
Continued to the 25th of September next.

John Spivy, Plaintiff
Vv Case.

Samuel Beeler Def’d. At Request of Parties Ordered That
this Suit be refered to Samuel Johnston, James Scott, David
Andrey and George Long, and that they report their Opinion
to the Next Court.

Ordered that Jedeah Ashcroft be appointed Constable the
Ensuing year and that he be Sommoned before Oliver Miller
Gentl. to Qualify into said Office.

Ordered that Court be adjourned untill Court in Course.

JouHN CANON.

At a Court Continued and held for Yohogania County Sep-
tember the 28th, 1778.

(71)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 259

Present Isaac Cox, Benjaman Frye, Joshua Wright, Joseph
Beckett, Gentleman Justices.

Administration of the Estate of Thomas Cook deceased is
granted to Anne Cook widow of sd. Deceased she having com-
plied with the Law.

Ordered that Nathaniel Blackmore, John Munn, John Mc-
Dowel and James Allison or any three of them being first
Sworn do appraise the personal Estate and Slaves if Any of
Thomas Cook deceased, and make return to Next Court.

Administration of the Estate of Archibald Wilson deceased
is granted to Elizabeth Wilson his widow she having Complied
with the Law.

Ordered that Thomas Jackson, Andrew Pow,' John Rogers
& Michael Dellow Sen. or any three of them being first Sworn
do Appraise the Personal Estate and Slaves if any of Archibald
Wilson deceased and make return to next Court.

Andrew Pow Produced a Commission from his Excellency the
Governor Appointing him Lieut. of the Melitia which was
read and Sworn to accordingly.

George Brent & Phil Pendleton Sworn Atto.

John White Ju. Took the Oath of Lieut. of Melitia.

Deed Pool Andrew McMeans to Thomas Applegate was ac-
knowledged by sd. McMeans party thereto and Ordered to be
recorded.

Hugh Brawdy Plaintiff
Vv

Jacob Feagley Defendt. Award returned & Judgment.

James Johnston v Godfrey Wagoneer. Award returned &
Judmt.

On the motion of John Johnston, Ordered that his mark a
Swolefork in each ear be recorded.

Samuel Newel Gentlement Present.

View of a Road from the Road leading from Gist to Devoirs
Ferry Crossing the River opposite the mouth of Mingo Creek
from thence to Fromans Mill ona Branch of sd. Creek, Re-
turned by the Viewers, Ordered to be set aside. Ordered
that Michael Humble, Daniel Applegate, James Colven & Hugh

1 This was undoubtedly the celebrated Andrew Poe, Indian fighter.

260

(72)

ANNALS OF THE CARNEGIE MUSEUM.

3rawdy or any three of them being first Sworn review said
Road ; and make return to next Court, sd Road.

Ordered that an order for a View of a Road from Fromans
Mill to the road Leading from the Court House to Pentecosts
Mill be set aside. §

Ordered that Henry Newkirk, John Lewis, John Morrison,
and Henry Morrison, or any three of them being first Sworn
view a road the Nearest and Best way from Fromans Mill on
Mingo Creek into the Road leading from the Court House to
Pentecosts Mills between the Plantations of Joshua Wright and
John Johnston and make report of the Conveniency and Incon-
veniency to Next Court.

Isaac Cox Gentlemen. Absent.

Ordered that the administration of the Estate of Daniel
Greathouse deceased formerly granted to John Greathouse be
revoked and that the same be granted to Mary Greathouse the
widow of the said Deceased, she having complied with the
Law. Ordered that Edmond Polk, James Campbell Richard

‘Boyce, & Richard Elson or any three of them being first Sworn

do appraise the Personal Estate and Slaves if any of the Estate
of Daniel Greathouse deceased and make return to Next Court.

Ordered that Court be adjourned untill Tomorrow morning
7 oclock. SAMUEL NEWELL.

At a Court Continued and {held for Yohogania County Sep-
tember 2oth, 1778.

Present Isaac Cox Samuel Newell Benjaman Frye Oliver
Miller Joseph Becket Gentlemen Justices.

Atteachments.
Clerk v Poston Contd.
O’hara v Brandon, Cont'd.
Cumings v Lindsey Cont'd.
Grayham v Strain Contd.

Issues.

Cox v Williams &c. Contd.
Lydea v Cox Contd.

References.
Connel v Vaughan Abates P. Dead.
v Wells Contd.

(73)

MINUTES OF CouRT OF YOHOGANIA COUNTY.

Washington v Martin Contd.
Ward v Dunn Contd
Ward v Wells Contd.
Priscoe v Todd Contd.
Connel v Lindsey Contd.
Reasoner v Ruth Contd.
Brown v Hamelton Contd.
Summervill v Summervill Contd.
Bowling v Morrison Contd.
Summitt v Gollihar and wife Dismd. & P.
Stirling v Richards. Contd.
Wells v Newell Contd.
Vance v Williams Contd.
Brashers vy Hamelton Contd.
Cook v Ferrell Abates by Plantiffs Death.
Gist v Waller Contd.
v Hull Contd.
v Boyles Contd.

Cook v Thomas Abates by P. Death.
Burriss v Tropman Contd.
Hull v Bandfeeld. Contd
Wherry v White Sen. Contd. at Issue.
Burriss v Johnston &c. Contd.
Dunnaughagain v Gray. Contd.
Byers v Patterson. Agreed.
Pentecost v McDonald. Agreed.
Shilling v Collingo. Contd.
Schley v McKindley Contd.
Shilling v Newkirk Contd.

v the same Contd.
Wills v Shilling. Agreed
Braydon v Vannatree Contd.
Cox v Williams &c Contd
Pentecost v Long. Agreed.
Myers v Hooper Contd.
Mitchell v the same Contd.
Richards v Ross Contd.
Fullum v Johnston &c. Contd.

v the same Contd.

Axwatrs oF THE Carneciz MUsEuM.

v McComish. Conid.
Andrews v Johnston &c Contd.
Shilling v Fortmer Contd
Hooper v Myers Contd

v George Miers Contd.
Brounfield v Ross. Contd
Holms vy Dunn Contd.

Kaster v Long Ja. Contd.
Fullum v Johnston. Conid.
Hooper vy Thomas &c._ Conid.
Vance v Wiliams. Conid.
Fullum v Johnston. Conid.
Springer v Kersey 5S. Impri-
Swissecks v Jones Conid.
Froman v McCroury Contd.
Decker v Ruth Contd
Pearce v Evins. Contd.
Murphey v Richards Contd
Hays vw Deale Conid.
Brace v Pelton Contd.
Ewalt v McCallister Conid
Hogialnd vy Riggle. Conid.
v Langhlin. Conid.
Swessicks v Swessicks. Conid
Newkirk v Shillings Contd.
McFarling v Beeler. Contd.
Andrews v Johnston Cont.
Matthews v Hibbitt Contd. —
How v Geneway &c. Conid.
Cox v Britzman Contd.
Vannatree v Braydon Contd.
v Perkerson Contd.
Colwell v Frye &c Contd.
Henderson v Kincaid. Contd.
Vannatree v Kuykenkall Conid.
Barriss v Williams Conid.
Jones v McDonald Conid-
Dawson v Kirkpatrick Contd
Morrison v Vannatree Contd.

(75)

(76)

Mixvutes oF Court or Yourocania County.

Hall v Wells Contd.
Grayham v Logan Contd.
Beeler v Walker Contd.
Woods v McKee Contd.
Morrison v Surgest Contd.

Froman v Boyce Contd.

Common Orders.
Lindsey v Long Contd.
Spivy v Beeler Judgt. Wt. Enqy.
Nelson v Shilling Judgmt. Wt. Engy.
Shilling v Nelson. Jugt. Wt. Engy.
Lawrence v Rogers. Judgt. Wt. Enqy.

Appearances.

Colwell vy Wray. AC
Mattocks v Brown. AC
Williams v Garby Agreed.
Deal v Hays Contd.
Crooks v Hogland Contd.
Patterson v McComish Contd.

v Emberson Agreed.
McKay v Davidson ? Gata.

v the same }
Brown v Mattocks AC
Morrison v Vannatree Contd.
Bouseman v McGoldrick Contd.
Myers v Hooper Dismised PR.
Willson v Richards Contd.
Ralston v Lowry Contd.
Pearce v Evins. Contd.
Commingo v Boggs A. C.
Kinkaid y Henderson &c. Contd
v Henderson. Contd.

Martin v Shillings Discont.
McDonald v Slover A. C.
Hogland vy McNew Alia.
Springer vs. Listenet K ux. Agd.
Same vs. Same Agd.

264 ANNALS OF THE CARNEGIE. MUSEUM.

Lochran vs. Brown Alias.
Lydia vs Collins Alias
Colwell vs Thorn Alias.
vs. Hoaghland. Alias.
Witzle vs McIlwaine. Alias.
Winebiddle vs. Valentine. Alias.
Pearce vs Evans Alias
Lebat vs Smith & ux Alias
Allason vs Douglas Discontd.
Lintenberger vs Oldcraft. Alias
Lindsey vs Hamilton Alias.
vs Smith Alias.
Wells, Infant &c. vs. Blackstone. A lias.
Mcllwaine vs Witzle & ux Alias
Valaudingham vs Walker Alias
Wagoner vs Rape Alias,
Barrackman vs Woods Alias.
vs Harry Alias.
Miller vs Mitchell Alias
vs Same Alias
Harrison vs Hall Alias.
Beans vs Johnston Alias.
Witzle vs Crawford Alias
Brashers Admr. vs Colvin Alias.
vs Brasheirs Alias.
McCullum vs Brazier & Adm. Alias
Burns vs Loutherback Alias.
Sumrell &c vs Sumrell Alias.
Colwell vs Young & al Alias.
Listenet Inf. &c. vs Springer Alias.
Gallahier & ux vs Summitt Contd.
Froman vs Dean Contd.
Cook vs Dickenson. abates by Pltff’s Death.
Riggs vs Corn Plurias
Thompson vs Carpenter Agd.
Brashairs vs. Hamilton Discontd. P. No Int.
White vs. Johnston Contd
Campble vs Patterson — Plurias.
(77) Miller v McGowen. D. Contd.

MINUTES OF COURT OF YOHOGANIA COUNTY. 265

Burris v Jones Discontd.
Colwell v Mills Plurias
Wallace v Dunkin’ Contd.
Schley v McKindley Alias.
Boyce v Froman &c. Contd.
Tygert v Bowley Contd.

v Chamberlain )

v Davidson )
Swigert v Murphey Contd.
Davis v Pelton Contd.
McCullum v Gilyard Contd.
Lessee Clerk v Again Contd.
Springer v Lestnett. Contd.
How v Geneway Plurias.

Contd.

Petitions
Todd v Shearer A. S.
Hufman v Williams A. S.,
Timmons v Gaffney A. S.
Wright Asse. v Dunleavy Contd.
Morgan v Stalsman A. S.
Dunleavy v Frye Contd.
Swigert v Ross A. S.
Baggs v Commingo A. S.
Devoir v Anderson. Contd.
Whitzle v Valentine A. S.

District Causes.
Miller vy Humble Ejmt. Contd.
Pentecost v Jones &c. Contd.
v Linn. Contd.
Johnston vy Swearengen. Contd.
Brounlee v Dugloss Contd.

Brent v Scott Dis. Contd,
v the same > i
v the same ) =
(78) Last Will and Testement of Abraham Vaughan deceased was

proved by the Oaths of Thomas Gist & Edward Hattfield Sub-
scribing Witnesses & O R.

266

(78)

ANNALS OF’ THE CARNEGIE MUSEUM.

Richard Vaughan, & Andrew Pow Sworn Executors of the
Last Will and Testement of Abraham Vaughan deceas’d.
Ordered that Stephen Ritchards, Adam Pow, Thomas Jackson
& Joseph Jackson, being first Sworn do appraise the Estate of
Abram Vaughan deceased and make return to next Court.

Ordered that the Tithables within five miles of the South side
of the road of which Nicholas Christ is Surveyor work on and
keep said Road in Repair.

License is granted James Johnston to Keep an Ordinary at
the Court House of this County, he having Complhed.

Benjaman Kerkindall Present.

Robert Louden is appointed Guardian Elizabeth Loudoun,
Thomas Loudoun, Easther Loudoun, Catherine Loudown,
John Loudun, James Louden, Mary Loudown, Orphans to
James Lowden deceased, he having Complied with the Law.

Ordered that Matthew Ritchie Gentleman be appointed
Sheriff for the Ensuing Month and that he be sworn accord-
ingly.

Matthew Ritchie Gent. Sworn Sheriff for one month.

Ordered that the Sheriff Sommon a Grand Jury to attend
next November Court.

David Philips is appointed Constable the Ensuing year and
that he be sommoned before Oliver Miller Gentl. to Qualify
into said Office.

Ordered that Nicholas Depugh, Benjaman Kaster be ap-
pointed Constables the Ensuing year, and that they be Som-
moned to Swear into Said Office.

Ordered that Atteachment Issue against Samuel Devoir for
not Taking on himself the Office of Constable.

Edward Ward Gent. named in the Commission of the piece
and Commission of Oyer and Terminer come into Court and
Took the Oath of Justices of Piece and Justice of Oyer and
Terminer.

Ordered that Anne McClain be sommoned to shew cause
why her Daughter Anne Jefferess, Should not be Bound to
Samuel Semple, agreable to the Tenner of a Contract Between
the said Ann and Sarah Semple wife of the said Samuel in the
year 1770.

(79)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 267

Simmon & Campbell
Vv Atteachment.
Ordered that Judgment be set aside
Garnishee and redocked.

David Dunking having formerly declared, that he had in his
hands one hundred Seventy Nine and three forth Dollars the
Property of the Defdt. William Christie, two pair of Geers, one
old Ax, one old Spade, a pitchfork, a Small Box of Iron & on
old Lanthern. George Lentinburgher That he had a Wheat
fan, the property of the Defdt. Money condemned in the hands
of Garneshee. Judjm’t according to former Judgment, and
Order of Sale.

Bill of Sale Sarah Reed to Robert Blakely and John Reed
was proved by the oath of Edwd. Cook one of the Subscribing
Witnesses & O. R.

Edward Ward Gentleman Present.

Joseph Brouster & Jacob Bouseman & Malechia Hays come
into Court and did acknowledge to Owe to Patrick Henry
Esq. Gov. or Chief Majestrate of this Commonwealth or his
Successor in Office Vizt. the said Joseph Brouster in the sum
of five hundred pounds, and the said Jacob Bouseman and
Malichi Hays in the Sum of two Hundred and fifty pounds
each, to be levied on their respective goods & Chattles Lands
and Tenements, Conditioned for the Personal Appearance of
the said Joseph Brouster at the Next Grand Jury Court to be
held for this County and then and there answer to Such Objec-
tions as shall be alledged against him Touching his being con-
cerned in the Late Conspiracy for Taking the Garrison of Pitt,
and not depart the Court without Leave otherwise to remain in
full force & Virtue. :

Ordered that the allowance made to the wife of Daniel Mc-
Kay a poor Soldier Shall commence the 25th of May Last and
Continue to the 25th of the Present Month.

Ordered that Colo. John Campbell pay to the respective
Soldiers wives & widows the money remaining in his hands
due them up to the 25th of the Present Month.

Ordered that the Clerk perfer a Petition to the Assembly
seting forth, that the Court Conceives the Laying a County
Levy to defray the Necessary Expence of the County, in the

Croghan

(81)

(82)

ANNALS OF THE CARNEGIE MUSEUM.

administration of Justice, will from the Peticulear Situation of
the County be attended with difficulty, and praying that it
may be Enacted to enable the Court to receive and apply the
fines, accruing in the County towards Lessing the County-Levy.
Ordered that Court be adjourned untill Court in Course.
BENJA. KUYKENDALL,

At a Court Continued and held for Yohogania County Oc-
tober the 26th, 1778.

Present. Edward Ward Benjaman Kuykendall, Oliver Miller
William Harrison, Samuel Newell. Gentlemen Justices.

Archibald Hull v Thomas Bonfied. At Request of party
ordered to be refered to George Cox & John Jackson, Jas.
Innis & John Decker.

Richard Beall Sworn Lieut. of Melitia.

Inventory of the Estate of Benjaman Bruer deceas’d. Re-
turned by the Appraisers and Ordered to be Recorded.

Inventory of the Estate of Jonathan Higgs deceased Re-
turned by the appraisers and Ordered to be Rec’d.

Matthew Ricthie is appointed Sheriff for one month who was
sworn accordingly.

John Southerlin Sworn Deputy Sheriff for one month.

The last will and Testament of John Pearce deceased was
proved by the Oath of Moses Cox and Dorsey Pentecost two of
the Subscribing Witnesses, and Ordered to be Recorded.

Inventory of the Estate of Samuel Ketcham deceased, re-
turned by the appraisers and Ordered to be Recorded.

Ordered that Court be adjourned untill Tomorrow Morning
7 Oclock Epwp. Warp.

At a Court Continued and held for Yohogania County
October 27th, 1778.

Present Edward Ward Benjaman Kuykendall, Oliver Miller,
Samuel Newell, William Harrison, James Rogers Gentlemen
Justices.

Ordered that the Ordinary Keepers within this County be
allowed to sell at the following rates —

Wihiskievbyathe ihalf goint. cecesvonoeen- ener eenee eae 25:
The same made. into’ Woddy ic ance sce eee eee 29:0;

MINUTES OF COURT OF YOHOGANIA COUNTY. 269

for a Greater or Lesser (Juantity in the same pro-

POGUE Sesktg ates dais ny sctoe stacy cnesale eames
GSI OMA GE ice te ciendsa tele stva nee rab ammemee 1S6
the same proportion for a Larger or Lesser

Oiitamitiliyerses cect ec cteet viosenases «dee eas lees ves neneae
fora Ot brea fas tictet cnc wane teiowessa.cdenes ofevoes 39
Pest Le ereUL Owe se Meme kite ease jce sec c espe anne 256
Por ube4l DY yah ast ats Uae ae Ane a er 4S.
ECR APR SUID Clyne teten aa cea mata mar tis ae 5, sc-ars/siedee Hess 39.
for Wedeing with: Clean;Sheats.....<s0.c046 fesaeces 156
Stablage with good hay or fodder................... 50:
Won p Quant ns cet pet sw sseteooe cos stdene cn tes gd
Oaisapre OUaAnts creat sae acs ace rt memtote tab tahe skis cen éd

Inventory of the Estate of Daniel Greathouse deceased
Returned by the administrator and Ordered to be recorded.

Richard Crooks and Nathaniel Brackmore is Recommended
to the Governor as proper persons to Serve as Captains of the
Melitia.

(83) James Burriss & John Roadharmill be recommended to the
Governour as proper Persons to Serve as Lieutenants of the
Melitia.

James Guffee is recommended to the Governour as Proper
Person to Serve as Ensign of the Melitia.

Michael Tygert, Samuel McAdams, John Shannon, James
Morrison Ju. & Francis Morrison is recommended to the
Governour as proper persons to Serve as I.ieutenants of Melitia.

Jacob Long Jun. & Moses Cooe are Recommended to the
Governour as proper Persons to Serve as Ensigns of the Melitia.

On the Motion of Colo. John Campbelle License is granted
him to Build and Compleat a Water Mill on Campbell’s Run
emtying into Churtees Creek on the West side, a short distance «
below Robertson’s Run.’ It being made appear in this Court
that the Building Said Mill will effect the property of no Per-
son, the Lands on both sides being the Property of the said
Campbell.

Ordered that Court be adjourned to Court in Course.

Epwp. WarD.

1 Now Known as Robinson’s Run, emptying into the Chartiers at the Borough of
Carnegie.

270

(84)

(85)

ANNALS OF THE CARNEGIE MUSEUM.

At a Court held for Yohogania County November the 23rd.
E77:

Present Edward Ward, Isaac Cox, Joshua Wright, & James
Rogers, Gentlemen Justices.

Ordered that Colo. John Campbell have leave to Build a
Mill on Churteers Creek near the mouth of Robertson’s Run.
It appearing by the Return of a Jury for that Purpose that It
will effect no Person, and that the said Report be recorded.

Nicholas Dawson Sworn Captain of the Militia.

Deed poll Wm. Price to William Harrison acknowledged by
the sd. Price party thereto and Ordered to be recorded.

Deed poll Daniel Casity. to Edward Griffith Proved by
William Price one of the Subscribing Witness. Ordered to
Lie for farther Proof.

Deed Poll William Shannon to James Miller acknowledged
by said Shannon and Ordered to be recorded.

Ordered that Samuel Johnston, Ritchard Boyce, James Camp-
bell, Alexander McKendless, Peter Rowleter, William Christie,
John Ormsby, Natheniel Tumbleson, Edmond Polke, Richard
Wells, Joseph Noble, James Allison, Laurence Crow, Nicholass
Little & Susbalze Bently, be fined agreeable to Law for non
attendance as Grand-Jury Men.

John Lydea v W™ Collings & Zebulon Collins. Spl. Bail.

Ordered that the Court be adjourned untill Tomorrow Morn-
ing g oclock. Epwp. WarD.

At a Court Continued and held for Yohogania County No-
vember 24th 1778.

Present: Edward Ward Isaac Cox, Samuel Newell, Oliver
Miller, Gentlemen Justices.

Administration of the Estate Geo. Rineheart is granted to
Mark Iler he having Complied with the Law.

Ordered that Richard Waller, Joseph Waller, Edward Hat-
field & Augustus More or any three of them being Sworn do
appraise the Estate of Geo. Rineheart deceased and Make re-
port to Next Court.

Archibald Hull agt. Thomas Bondfield, Awd. Returned and
Judgment.

License is granted John Collings to keep a Ordinary at his
Hlouse he having Complied with the Law.

(86)

(87)

MINUTES OF COURT OF YOHOGANIA COUNTY. P(A

Administration of the Estate of John Green deceased is
granted to William Colvin he having complied with the Law.

Ordered that Thomas Brown, Bazel Brown, Benjamin Brash-
ers & Otho Brashers do appraise the above Estate and make
report to next Court.

Administrater of the Estate of John McClery is granted,to
William McClery he having complied with the Law. Ordered
that John Reed, Robert Thompson, Joseph McGarman &
Mabary Evins or any three of them being first Sworn do ap-
praise the above Estate and make report to next Court.

Inventory of the Estate of John Mills deceased returned by
the appraisers and Ordered to be recorded.

Joseph Brown v Tobias Mallocks, Samuel Dunn. — Sp. Bail.

Samuel Holcross v Samuel Dunn. ‘Tobias Mallocks Spl.
Bail.

Com. Wealth

Vv for Disaffection to the State.

Joseph Brouster. The said Brouster being brought into
Court and nothing appearing against him Ordered to be Dis-
charged.

Deed Poll Walter Grayham to Thomas Christie was proved
by the Oath of Jacob Bouseman one of the Subscribing Wit-
nesses, and Ordered to Lie for farther proof.

Inventory of the Estate of John McCay deceased returned
and ordered to be recorded.

Joshua Wright Genl. Present.

John Hall being bound in recognizance who being called
failing to appear. Ordered that a Scerafacis Issue.

License is granted to John Roberts to keep an Ordinary at
his House he having Complied With the Law.

Ordered that Edward Hatfield, Christopher Price, John
Beason and Henry Beason or any three of them being first
Sworn do appraise the Estate of Abraham Vaughan deceased,
and make return to next Court.

Lapsley vs Reed. Ordered that a Commission Issue to Take
Deppositions in said Suit.

Edwd. Ward. Genl. Absent.

Ward v Thorn. Ordered that a Commission Issue to Take
Deppositions in said Suit.

Te ANNALS OF THE CARNEGIE MUSEUM.

Ruburn vs. Laferty. No Inhabitant. Dism’d.

Ordered that the Administraters of the Estate of Frederick
Farree be Sommoned to render acct. of said Estate to next
Court.

Attachments

Ohara vs Brannon. Contd.

Cummings vs Lindsey. Contd.

Grayham vs Strain Abates. Def. Dead.

Issues.

Cox vs Williams Contd def.
Iydia vs Cox. Contd Ptf.
Wherry vs White. Contd PLf.
Miller vs Humble Contd PLf.
Pentecost vs Jones Contd Deft.
Johnston vs Swearengen Contd.
Brounlee vs. Douglas. Contd.

References.

Connell vs Wells Contd.
Washington vs Martin C. O. Eject.
Ward vs Dunn dism. by PLf.

vs Wells Contd.
Briscoe vs Todd Contd.
Connell vs Lindsey. Contd.
Reasner vs Ruth. Contd.
Broun vs Hambleton. Contd.

(88) Sumrell vs Sumrell, Contd

Bowling vs Morrison. Contd.
Sterling vs Richards Contd.
Wells vs Newell. Contd.
Vance vs Williams C. O. Eject.
Basheirs vs Hambleton Contd.
Guest vs Waller. Contd.

vs Hull Contd.

vs Boyles Do.
Burris vs Trapman. Contd.

vs Johnston Contd.
Donnagen vs Gray Contd.

(89)

MINUTES OF COURT OF YOHOGANIA COUNTY. 273

Shilling vs Collins. Contd.
Sly vs McKinley. Contd.
Shilling vs Newkirk N. G. Agd.
vs Same Owe Nothing. Agd.
Braden vs Vanatre. Contd.
Cox vs Williams Contd Def.
Myers vs Hooper N. G. with Leave. A
Mitchell vs Same N. G. do.
Richards vs Ross. Contd.
Fullum vs Johnston & at Contd. def.
vs Same Do.
vs Jno. McCornish Do.
Andrews vs Same Contd Def.
Shilling vs Faukner. N. G. with Leave Agd.
Hooper vs Myers N. G. with Leave. Agd.
vs G. Myers Do.
Brounfield vs Ross Contd
Custard vs Long Contd
Hooper vs Myers N. G. With Leave Agd.
Vance vs Williams. Contd Def.
Fullum vs Johnston N. G. w. Leave Agd.
Springer vs Kerny N. G. with Leave Agd.
Swassicks vs Jones Contd
Froman vs McCrory Judg. by Nihil dicet.
Decker vs Ruth Contd
Pearce vs Evans Contd.

gg
Ps

[Patrick Clerk having Obtained an Attachment against the
Estate of William Poston for £4.18.4 Penn’a Currency who
is said to be so obsconded that the Ordenary Process of Law
cannot be served upon him, and the Sheriff returned that he
had levied the said Attachment in the hands of Anthony Cork-
hern, and that the said Anthony confes’d that he had £16.10
Penn’a, Currency, Proprty of Plantiff, and the Plantiff pro-
duced a proved account agt. the sd Defendant for 4 4.18.4
Pennsylvania Currency. It is considered by the Court that
the Plantiff recd. agt. the Defdt. £.3.18.6. with costs. Or-
dered that the Money be Cond. in the hands of Garneshee. |’

1 Erased in the original.

LN)
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rs

(90)

ANNALS OF THE CARNEGIE MUSEUM.

Murphy vs Richards. Contd.

Hay vs Dean do
Bruce vs Felton do
Evalt vs M‘Callister do
Hoagland vs Riggle do

vs Lauglin do
Swassick Adr. vs Swassicks. do Eject.

Newkirk vs Shilling. Conditions perfd.

Mcfarland vs Beelor. Contd.
Andrew vs Johnson. Contd.
Matthews vs Hibett. Contd.
Howe vs Jenniway. Contd.
Cox vs Bretsman. Contd.
Vanatre vs Braden. Contd.

vs Parkison. Contd.
Colwell vs Fry C..O.
Henderson vs Kinkade. C. O.
Vanatre vs Kuykendal. Contd.
Burriss vs Williams. Contd.
Jones vs McDonald. do
Dawson vs Kirkpatrick. Contd.
Morrison vs Vanatre. C. O.
Hall vs Wells &c. Contd.
Grayham vs Logan Contd.
Beeler vs Walker. Contd.
Woods vs McKey. Con’d.
Morrison vs Swygart. Contd,
Froman vs Boyer C. O.
Deal vs Hays. Contd PIlf.
Crookes vs Hougland. Contd.
Patterson vs McCornish. Contd.-
Morrison vs Vanatre. C. O. Eject.
Bousman vs McGoldrick C. O.
Myers vs Hooper. C. Rule. N. G.
Willson vs Richards N. G.
Rolstone vs Lowry. Contd.
Pearce vs Evans. Contd
Gallahar vs Summitt. discontd.
Froman vs Deane. C. O.

Contd.

(91)

bo
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ou

MINUTES. OF COURT OF YOHOGANIA COUNTY.

White, Sen. vs. Johnson. C. O.
Wallice vs Duncan. Contd.
Sly vs M' Kenly. Contd.
Boyce v Froman &c. Contd. Ptff.
Tygart vs Boley. Contd.

vs Chamberlane. Contd.

vs Davis. Contd.
Swygart vs Murphy. C. O.
Devoir vs Pelton. Contd.
M:Cullum vs Galliard. Dism. with Costs.
Clark vs Again Contd.
Springer vs Listenett. Contd.
M:.Coy vs Davison. Contd.

vs Same _ do

€.” Orders:

Lindsey vs Long
Spivy vs Beelor. Contd.
Nelson vs. Shilling. Contd
Shilling vs. Nelson do.
Lawrence vs Rogers do.

Ordered that a request be made to the Court of Monaun-
gohela to appoint Two Gentlemen to meet Rich’d. Yeates and
Isaac Leet Jun. appointed by this Court as Commissioners
to ascertain Dunlaps old road from Redstone old Fort to
Bradocks road as the Boundry Line between this County and
the sd County of Monaungohela agreable to Act of Assembly.

Alias Capias.

Colwell v Wray. Plu. Cap.
Mallocks vs Brown’ Contd.
Brown vs Mallocks Contd.
Kinkaid vs Robert Henderson. Contd.
Cumings vs Baggs. Contd
Kinkaid vy Henderson Contd.
McDonald v Slover Contd.
Hazle v McNew’ Contd.
Laughlin v Brown’ Contd.
Colwell v Thorn Plu Cap.

v Hogland Con.

i)
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er

(92)

ANNALS OF THE CARNEGIE MUSEUM.

Whitzle v McIlwane Contd.
Winebiddle v Valentine Contd.
Pearce v Evins Contd.
Labatt v Smith Contd.
Lentenburger vs Oldcrof. » Contd.
Lindsey v Hamilton Contd.
v Smith Contd.
Wells Inf. v Blackson Contd.
McInwane v Whitzle Contd.
Valaninghan v Walker Contd.
Wagoneer v Rape’ Contd.
Barrackman vs Woods’ Contd.
v Havig Contd.
Miller v Mitchell Contd.
v the same Contd.
Harrison v Hall Contd.
Beans vs Johnston Contd.
Whitzle vs Crawford. Contd.
Brashers adm. vs Colvin C. O.
vy aBrashers — C...0:
McCullum vs Brashers. Contd.
Burns &c v Loutherback Contd.
Sumrall &c v Sumrall Contd.
Colwell v Young N. G.
Lestnett Inf &c. v Springer Contd.
Riggs v Corn Contd.
Campbell v Patterson. Contd.
Schley v McKindley. Contd.
How v Geneway. Contd.
Colwell v Mills. Contd.

Appearances.

Henderson v Walson Dis. by Plantiff.
Collings vs Vannatree. Contd.
Williams, Ass. vs Anderson Contd.
Tharp v Gray Contd.
v Matthews Contd.

Frye v Richie. Contd.
Murphey v Jourden. Contd.

v the same Contd.

(93)

bo
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MINUTES OF CoURT OF YOHOGANIA COUNTY.

Heath v Bruce Impl.
Brooks Adm. v Roberts. Contd.
Smith v Gibson Alias Cap.
Henry v Slone C. O.
Miller vy Humble Alias Cap.
Henderson v Johnston Send out another Ejmt.
_Froman v Boyce. Ejmt. Send out a new Process.
Johnston v Stephens Contd.

v the same Contd.
Reed v the same Contd.
Wright v Heart. Contd.
Boothe v Shuster Dism. by PIff.
Kearns vs Loggan. Alias Cap.
Springer vs Walker. Alias Cap.
Hamelton vs Norris

vs Brashers. »Ejm. Issue New Process.
vs Brashers Sen.

Gallihair vs Tracy. Disctd.
M:.Carmeck vs Willson. Contd.
Munn vs Crawford. Contd.
M*Mahen vs Matthews. Alis Cap.

vs Honks Alias Cap.

Ordered that Colo. Isaac Cox be Impowered to acct with
all person that hath Negociated any Business relative to this
County’s Salt, Lodged with Israel Thompson of Louden
County, and that he receive the remainder of said Salt, and
Transport it to this County, and Issue the same to the Inhabi-
tants to whome it is due, at Six pounds, Ten Shillings pr.
Bushell, and that the profits thereon shall be his full satisfac-
tion for his said Services and that the said Colo. Cox shall
also pay all demands on said salt Either for the original pur-
chase or otherwise.

Ordered that Philip Pendleton be allowed one Hundred
pounds pr annum for his Services as the State Attorney.

The Court then proceeded to lay the County Levy.

Dr. the County of Yohogania.

To Philip Pendleton as States Attorny L100:

To Richard Yeates for Running County Line at

bo
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CO

(94)

(95)

ANNALS OF THE CARNEGIE MUSEUM.

To Isaac Leet Jun. Do. 36
To Dorsey Pentecorst for Attending pr. Acct. 14.18

ZAI8L. 1S

Levy Continued.

Dr. Brought Over LASTS
Cr. By g1o Tithables @ 12 S. Each 546.—
364.2
Dr. to the Sheriff for collecting 4546 at6prC. 32.15.2
Lg eT mOne
To the sheriff for Extra Services 1200 & Tob’o. 7.10
Depositum in Sheriffs hands 4333.10.00:

Ordered that the sheriff Collect from every Tithable person
within this County the sum of Twelve Shillings each as a
County Levy, and that he pay the above Charges to the differ-
ent persons to whome they are due, and that he account for
the above Collections.

Ordered that Benjaman Kuykindall, and Samuel Newell
Gentlemen, Contract with a proper person or persons To Junk
and Daub the Coort house, and provide Locks and Bars for
the Doors of the Goal, and to Build an addition to the Ednd
of the Court House and Goal Sixteen feet squear one Story
High with good Sufficient Logs and a good Cabbin Roof, with
a good outside wooden Chimney, with Convenient Seats for the
Court, and bar, with a Sheriffs Box &c. with a good Iron pipe
stove for the Goal Room, and that they have a pair of stocks,
whiping post and Pilliory Erected In the Court yard, and that
the whole be Compleated as soon as Possible.

Ordered that Henry Taylor, James Allison, James Patterson
and William Brashers be atteached for Contempt in Neglect-
ing to make report of the Conveniency and Inconveniency of
a Road from Catfish Campt to Pentecosts Mills, agreable to a
former Order of Court.

Ordered that Court be adjourned untill Tomorrow morning
9 oClock. Epw? Warp.

(96)

MINUTES OF CouRT OF YOHOGANIA COUNTY.

279

At a Court Continued and held for Yohogania County

November 25th, 1778.

Present, Edward Ward. Isaac Cox, Joshua Wright Richard

Yeates and Samuel Newell Gentlemen Justices.

Atteachments from the District Dockett.

Anderson vs McLean. Contd.

McMahon vs Myers. Contd.

Campbell vs Street. Contd.

Morgain vs Connolly Contd.

Dunking & Wilson vs Linn’ Contd.

Price vs Linn Contd.

Hawkins vs Greathouse Abates by Def. Death.
Hull vs Linn. Contd.

New Atteachments.

Pillon vs Smith Contd.
Hammill vs Hanks Contd.
Duglas vs Hill Discontd.
Vergin vs Carr Abates by Def. Death.
Perkerson vs Duglass_ Discontd.
Decker vs Hanks. Contd.
Bowling vs Rutter. Contd
Conee vs Casteel Contd.
Robertson vs Frenuty Contd.
Smallman vs McConnell Contd.
Thomas vs Kilgore Discontd.
Perkerson vs Edwards Contd.
Ormsby vs Dunn Contd.
Harrison vs Wallace Discontd.
Ogle vs McSwan_ Contd.

Issues.
Spear vs Jones Contd.
Decamb vs Nicholas. Abates by Plant. Death.
vs the same _ Do.
McCawley vs Jones Contd.
Campbell vs McKay. Abates by Defd. Death.
Spears vs Winemiller Contd.
Semple vs Collings Contd.

s>

97)

ANNALS OF THE CARNEGIE MUSEUM.

Colings vs Sample Contd.
Bouseman vs McGoldrick Contd.
Hawkins vs Wheet Contd.
Rowly vs Springer Contd.
Ward vs Thorn Contd.
Jones vs Spear Contd.
Heckman vs Brounfeld Do.
Pentecost vs Linn. Contd.
Corn vs Miller Contd.
Pentecost vs Briscoe. Contd.
McGinnis vs Gibson Contd
Hite vs Core Abates by Plat. Death.
Parker vs Barrackman Contd.
Shilling vs Taylor Contd.
Hawkins Ass. vs Clark Contd.
Hawkins vs Kuykendall Contd.
McLouney Adm. vs Thomas Contd.
vy Smith Contd.
Eaton vs Cannon’ Contd.
vs McClelland. Contd.
Bond vs Mordacai_ Contd.
vy thesame Contd.
McDonald v_ Scott )
vs Caveatt - Contd.
v Hannah j
Brawdy Ass vs Trench Contd.
Grubb vs Dooling Contd
Vallandingham vs Teegarden Contd.
Thomas vs Hannah &c_ Contd.
vy Hannah. Contd
v Caveatt Contd.
Haney vs McKay Contd.
Chambers vs Spear &c Contd.
vs Thorn Contd.
Ward vs Thorn Contd.
McLingt vs Knight Contd.
Wood vs Gray Contd.
Martin vs Duglass Contd.
Beeler vs Wells Discontd.

(98)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Cook vs Froman_ Contd.
v Shilling Contd.
vs McConnell Contd.
vs Robertson Contd.
Crow vs Williams Contd.
Same v the same Contd.
Same vs the same Contd.
Sample vs McKinzey Contd.
Heckman vs Dunkfield Contd.
Rogers vs McKay. Abates by Defds. Death.
Wilson vs Hannah Contd.
Colvin vs Frederick Contd.
Holliday vs Hawkins Contd.
Bowley vs Springer Contd.
v Springer Contd.
Cresep v Dooling
v Peters
v Teegarden { Abates by Plant. Death.
v French
Bealle v Finn &c Contd.
v McMahon ; Contd.
Barrackman vs Mutzs_ Contd.
Armstron vs Ownigs &c. Contd.
Hamelton vs Dunfield Contd.
Hand vs Whitaker Contd.
Harrison vs Paul. Abates by Defds. Death.
Neavill vs Gist Contd.
Riley vs Hanna Contd.

Cresip adm. vs Tegarden Abates by Plant. Death.

Teagarden vs Hammon Contd.
Cresip vs Swearengen Contd.
Phelps vs McKay. <Abates by Defd. Death.
v Sample. Contd
Campbell vs Bealle Contd
Paul vs Smith Contd.
McElroy vs Templin. Contd.
v the same Contd.
Kuykendall vs Ross Contd.

281

(99)

ANNALS OF THE CARNEGIE MUSEUM.

Referances Not at Issue.

Frye vs Tilton Contd
v the same Contd.
Chamberlain vs Hanthorn Contd.
the same Heckman ) Abates by
the same { Defds. Death.
Ward vs Owings Jun. Disctd. Defd. paying cost.
Spear vs Heckman. Abates by Defds. Death.
vs Proctor Contd
vs Humble. Abates by Defds Death.
Spear vs Gist Contd.
Croghan vs Waugh Contd.
Steenburgan vs Warbill. Abates by Defd. Death.
Newell vs Robertson Contd.
Kuykendal vs Hawkings Contd.
Small vs Teagarden Abates by Def. Death.
Sample & ux vs McKay. Abates by Def. Death.
Shilling v Young Contd.
v the same Contd
v Dement Contd.
vs Proctor Contd.
Newell vs Wiseman Contd.
Noble vs Chamberlain Contd
v Shay &c Contd.
Shilling vs. Martin Contd.
Hawkins Ass. vs Hilderbrand Contd.
Hawkins v the same Contd.
v Tonee Contd.
v Hanks’ Contd.
v White Contd.
Hardin vs Hawkins Contd.
Wm. Hardin vs Glen Abates Defd. Dead.
Spears vs Crawford Abates by Defd. Death.
v R. McMachen. Contd.
Wickweze, Ass. v Harrison. Contd.
Prather vs Beaty Contd.
Wells vs Brown Contd.
Blackburn Ass. vs Peake Contd.
Brashers vs Swearengen Contd.

(100)

MINUTES OF CoUNT OF YOHOGANIA COUNTY.

Vallandingham vs Chiswell Contd.
Chambers vs Amberson Contd.
Conrod vs Carter Contd.
Vannatree vs Kinkaid Dis Contd.
Heair vs McConnell. Contd.
Pentecost vs Trader Discontd.
Wood vs Griffith Contd
Miseley vs Housesenger Contd.
Mitchell vs Scott. Contd.
Rogers vs Proctor Contd.
Avery vs Brown Contd.
Clinton & Noble vs Brashers Contd.
Baker vs Harges. Contd.
Wagler vs Warner Contd.
McGrue vs M*Connell Contd.
vs Phelps. Contd
Glenn vs Henton. Abated. Plantiff Dead.
Holliday vs Belleywiss. Con.
Boley vs Ross. Contd.
vs the same Contd.
vs the same Contd
Bouseman vs Douseman Contd.
v the same Contd.
v McLean’ Contd.
Kuykindall vs Dunn Contd.
vs Hawkins
v Roberts
v Smith
v Vannatree
McMahan vy Irwin’ Contd
McKendless v McCornish. Contd
Taylor vs Irwin’ Contd.
Deining vs Lane Contd.
Moor vs Richman’ Contd.
Smallman vs Slover Contd
Deck vs Swearengen Continued.
Vergin v Moore Contd.
Barker vs Jourden Contd
Waller vs Meeks Contd

Contd.

283

284

( Ou)

ANNALS OF THE CARNEGIE’ MUSEUM.

Cresip vs Bowling ] Abates by
vs Wright | Plat.
vs Hedges +
vs Hanks |
vs Reasoner J
Armstrong vs Rammage Contd.
Reasoner vs Heckman. Abates. Def. Dead.
Bedford Ass. vs Hill Contd.
Wilcox vs Creghead Contd
Barrackman vs Shousely. Contd.
Bealle vs Shawon Contd.
Keller vs Jones. Contd.
Reasoner vs Shearer Contd.
Brent vs Beeler. Contd.
Ramsey vs Chambers Contd.
v the same Contd.
Stephens vs Berwick Contd.
Heath vs Farrer Contd.
Perkie vs Colloway Contd.
Cresip vs Shearer Contd
Hughes vs Thomas Contd.
Stephens vs Shilling Contd
Dye vs Dye Contd.
Downer vs Teegarden Contd.
Thomas vs Lee Contd.
Swagler vs Mills. Abates by Defd’s. Death.
Virgin vs Carr. Abates by Defd’s. Death.
Wilson vs Cockran. Contd.
Mills vs Hunter. Abates by Plant. Death.
Brounfield vs Cox. Contd.
Bond vs Long. Contd.
Tygert vs Dunnaughagain. Contd.
Colwell vs Brouster. Contd.
Sumrall vs. the same. Contd.
Shearer vs Miller Contd.
Baker vs Hendericks. Contd.
Whitaker vs Dickson Contd.
Wills vs Raredin Contd.
Whitzle vs Shearer Contd.

Death.

(102)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Stevens vs Stout. Contd.
Gallehan vs Dowling. Contd.
McMullen & ux vs Dixerson Contd.
Jas. McMullen vs the same Contd.
Moore vs Virgin Contd.
vs Jer. [?] Virgin Contd.
Dodd vs Virgin Ctd.
vs Virgin. Contd.

Bayars vs Philips Contd.
Campbell vs Brounfield Contd.
Harrison vs Corn Contd.
Warvill vs Parmour Contd.
Jones vs Clark Contd.
Phelps vs M%Grue_ Contd.
Simmings vs Daughan Contd.
Small vs Gray Contd.
McMichael vs French Contd.
Pursell vs Gibson. Contd.
Railouson vs St Clair. Abates by Plantif Death.
Couswell vs Dunn. Contd.
Barr vs Clerk Contd.
Halfpenny vs Wetzel. Contd.
as eee \ Abates by Defds. Death.

vs The same J

Thomas vs Merchant Contd.

Farree vs Kincaid. Abates by Plaintiff’s Death.

Park vs Cockron Contd.
Ireland vs Wilson. Contd.
Collings vs Brody Contd.
Black vs Dunleavey Contd.
Vaughan vs McMahan_ Contd.
Stephenson vs Roads Contd
Tedball vs Stoner Contd.
Anderson vs Denney Contd.
Stephenson vs Barnett Contd.
M*Clellan vs Gray Contd.
Schely vs Smith. Contd.
Young vs Jackman’ Contd.
Linn vs Tilton. Contd.

286

(1103)),.

ANNALS OF THE CARNEGIE MUSEUM.

Martin vs Johnston Contd.

Chambers vs McLean Contd.

Jones vs St. Clair. Abates by Pl. Death.

Reese vs Haymaker Contd.

Altman vs Hanna & Irwin’ Contd.

Cox vs Decker Contd.

Furgurson vs Carrol Contd.

Martin vs Glass Contd.

v Hamelton Contd.

Black vs Chamberlain Contd.

Mordecai vs Bond i Cha

v Knight J
Black vs Jolley Contd
v Hanna. Contd.

Deed poll from Daniel Cassity to Lettis Griffith was proved
by the oaths of Rich’d. Yeates and Daniel Curry two of the
Subscribing witnesses and Ordered to be recorded.

George McCormick Gent. named in the Commission of the
Piece and Commission of Oyer and Terminer sworn to said
Commissions.

Tygert vs Burns wontd.

v Jefferess Contd.

Vaughan vs Elson Agreed.

Winebiddle vs French Contd.

Yough vs McCullough. Contd.

Grater vs Crawford. Abates by Defds. Death.

Swigert vs Clemens 1) Abates by

vs Robertson
vs (Cox

vs Walker

vs Lucas

vs Scott

- Pl.“ Death.

vs Cox

vs Fisher J
Morrison vs Ross’ Contd.
Brounfield vs Smith Contd.
Hunter vs Jones. Contd.
Caswell vs Dunn Contd.
Wallace vs Moredock Contd.

(104)

MINUTES OF COUNT OF YOHOGANIA COUNTY.

Faset vs Meeks Contd
Campbell, Ass. vs Dunh Contd.
Ridgley vs Linn. Contd.
Morecroft vs Doling Contd.
Fleman vs Gibson Contd.
Dunfield vs Hickman

vs Russell

v Ross

vs Lindsey

vs Fositt

vs Peershover
Steel vs Johnston Contd.

v the same Contd.

Downer vs Morrison Contd.

Contd.

_ Woods vs McGlaughlin Contd.

Styger vs. Smith Contd.

Elliott & ux. vs Martin. Contd.
vs Collings Contd.

Lynch, Infd. vs Laughlin Contd.

Semple vs Ferns, &c. Contd.

Williamson, Ass. v Mills. Abates by Pf. Death.

Gray vs Harrison Contd.
Croghan v Bowley 7}
v McCollister |
v Bouseman
- McKee |
’ Kuyendall. |
v Ritchman |
v Whitaker
v Whitaker
v Whitaker
v Kuyendall
v Frederick
v Rowleter
v M*.Clean
vy Bouseman

J d

v Grimes
v M°Grue

v Trupe

287

288

(105)

ANNALS OF THE CARNEGIE MUSEUM.

v Switzwiks

v Meeks ‘ Contd.
vs M¢Manemy |

v Druming

v Campbell

v Myers

vy Gibson

v Weddle Sen.
v Beard.

v Mitchell

v Miller

v Ornsby

v Renno

v Elhott

v Price

v Lowden
v St. Clair
v R. Lowden.

George Croghan v William Ramage. | Contd.

v Henry. Contd.
v McCartney

<

Thompson.

v Ross.

v Ross.

v Whitzle.

v Hunter

v Gibson.

v Grant

v Springer

vy Conner

v Keezer

v Royall

vy Davidson

v Elrod

v M*Connell
Sinkler vs Labatt. Contd
Ornsby v Bouseman. Contd.
Miller vs Humble Contd.
Clerk vs Tibott. Contd

1

\ Continued.

SS

(106)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Eagle vs Adams_ Contd.
Whitaker vs Dickson Contd.
Gerty vs Hanna. Contd.
Gaughagain vs Smith Contd.

Enock vs Teegarden Contd. f-
Clinton vs Mays Contd. [
Hawkins vs Humble Contd. ;
Nicholass vs Swissicks Contd. \

Swigert vs Hatfield }
vs Case
vs Erskins
v Smith
thee Ff Abates by Plt. Death.
v Daviss
v Sills
vs Crosby
Fife vs Holliday )
v Fife - Contd.
v Churchell J
Fife v Fife Contd.
Hitev Morgan Contd
v White Contd.
v Evins. Contd.
v Mynett. Contd.
v Tearabaugh Contd.
v the same Contd.
Hitev McCabe &c. Abates by Plat. Death.
Bruin v Fife
v thes me
v W. Fife
v the same
Dealton v Gruver i} Conic
v Matthias Stoner )
Hales v Roach Contd.
Morgan vy Nicholas
v Bond

Contd.

vs Chamberlain ake
vy Beavers )
Morgan v Wyer ) Contd.

vy the same )

289

(197)

ANNALS OF THE CARNEGIE MUSEUM.

Kuykendall vs Pearceful
v Pancake ; Contd.
vy Douthard )
Williams v Vannatree } Conta
vy Crow J
Price v Linn )
v Weddle + Contd.
v Hanks
Gray v Peters)
v Patten J
Tygert vs Donnavan

Contd.

|
v Craven
v Vanatree } Contd.
v Craven |
v Oglin ;
St. Clair-vs Sill’ ‘Cont.
v Reuboarn. Abates by Def. Death.
M:.Cullogh vs McCormick Continued.
v Douthard. Contd.
Elliott vs Gerty Contd.
vs Brown. Abates by Deft. Death.
Jones vs Wilson. Abates by Parties Death.
Hawkins v Bell i)
v the same |
v the same} Contd.
v Gray |
v Perkerson J
Semple v E. Thompson Contd.
Crisep, Ass. v Dunfield. Ab. by Pl’s. Death.
Mic’l. Crisep vs Elliott )
v Taylor )
Robertson vs Crow’ Contd.
Shilling vs Newkirk Contd.
Rogers vs Williams )
vs Parr ~ Contd.
Vv Tumbleson }
Zane v Hawkins )

Abs. by Pl. Death.

Contd.
v Drenning j a

Zane, Ass. v. Holdman Contd.

(108)

MINUTES OF CouURT OF YOHOGANIA COUNTY.

Castleman vs Taboe Contd.
Elliott Adm. vs Harges Contd.
McMullin vs Dickerson Contd.
Ross, Ass. v Cleman Contd.
Atkenson v Mairs_ Discontd.
Daviss v Dunn. Contd.
Lyon v Dunkan_ Contd.
Heizer vs Bruce Contd.
Glaswell vs Kizeer Contd.
McGlaughlin vs Young Contd.
Anderson vs Reese Contd.
Dunleavy, Ass. vs Frerell Contd.
Hammon v Teegarden Contd.
Armstrong vs Oharra_ Contd.
Thomas, Ass. vs Stark Contd.
Ward vs Springsteen Contd.
vs the same. Contd.
v Labatt. Dismiss. by Plantiff.
Jones vs Evins. Contd.
v the same
v M°.Goldrick >Contd.
v the same
Ogle v Wilson. Contd.
v the same. Contd.
Labatt v Rammage Contd.
- v Aston. Abates by Plfs. Death.
Hamelton v Aston Abs. Plfs. Death.
Hamelton v Goe_ Contd.
Cleldenery vs Logan Contd.
Nevill, Ass. vs Holliday. Contd.
N. Nezer vs Davidson Contd.
Kelso vs Pigget Contd.
Allison v Lyon )
v Duglass )
Hilderbrand vs Hawkins
Ass. v Hanks Contd.
the same
Wallace vs Briscoe Contd.
v the same Contd.

Contd.

291

29? ANNALS OF THE CARNEGIE MUSEUM,

Swearengen vs Spencer Contd.
v the same Contd.
Smith vs Smallman Contd.

v Sly, &u— Contd
Martin v Elliott Contd
Brasher vs Cossick Contd
Jones vs Ormsback. Contd.
Waferds Exr. vs Cox &c. Contd.
Heath vs Parks. Contd.
Hawkins vs McCarty Contd.
Rootes vs Coock. Contd.
Spencer vs Swearingen Contd
Brent vs Jones

. Colwell, Ass. vs Linn Contd.

(neg). Kid v McConnel. Contd
Theobald v Martin. Abs. by P. Death.
Lynch vs Jones Contd.

v Berwick Contd.

Mitchell v Zane, Contd.

Drening vs Boys Contd.

Braden v Elliott Contd

Johnston v Stell Contd.

Crooks vs Hilderbrand Contd.
Holliday, Ass. vs Wortherington Contd.
Hamelton vs Martin. Con.

Berwick v Atkinson Contd

Gilfillin, Ass. v Tygert Contd
McQuitly vs Gray. Contd

M*Collister vs Scott. Contd

Bowler vs Tygert Contd

Robertson vs McGoldrick Contd.
M*.Elroy vs McMachen Contd

Atkinson vs White Contd.

Dunleavy vs Russell. Dismsd. by Plantiff.
Schley vs Smith. Contd.

Ferrell, ‘Ass. vs*Carr-&c. Abs. by D3-Death.
Price vs Crawford. Contd.

Wheat vs Kermicheall Contd.

Scott vs Vallandingham Contd.

(110)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Campbell vs Hanks. Contd.
Holliday vs Scott & ux Contd.
M°Carty vs Craighead Contd.
Lyons vs Hamblebeerer Contd.
Frazier vs Chambers Contd.

Miller vs Hill Contd.

Kearns vs McQuing Contd.

Boyce v Thomas Contd.

Wright vs Springston Contd.
Davidson vs Hanks Contd.
Wothwall v Dristnell Contd.

Clark vs Hawkins Contd.

Smith & Duglass vs Girty. Contd.
Dillo vs Perky®. Contd.

McManamy v Oharra_ Contd.
Beckman v Scott. Contd.

Ferrell vy Daugherty. Contd.

Tharp v Collings. Contd.
Armstrong vs Oharra_ Contd.
Bouseman v Ornsby. Contd.
Thomas vs Elliott Adm. Contd.
Christie v White. Contd.

Richards v Aston. <Abates by D. Death.
Brinkers Exr. vs Hardin Adm. Contd.
Daviss & Co.’y. vs. Young. Contd.
Elevy vs Dunn’ Contd.

Lyons vs Downes. Contd

Mitchell vs. Wade Contd.

Willson vs McGinniss Contd
Downard vs Vaughan. Abates Defend. Dead.
Coleman vs Gauze. Contd.

Wallias v. Meek. Discontd.
Johnston v Stephens Contd.
Wilson vs Hannon’ Contd

Mitchell vs Zane Contd

Williams vs Presser Contd

Kurtz v Jones Contd.

293

ANNALS OF THE CARNEGIE MUSEUM.

Croghan vs Henry
|

(Contd.
v Ross f ae

v Powell J
Hite vs Dodson Contd
Thompson vs Williams Contd.

v Springer

New Petitions

Sells vs Irwin. Contd.
Campbell vs McKay. Abs. by Defds. Death.
Shilling v Blackman. Contd.
v Delaney Do.
Roach v Shaner Do
Christie, Ass. v Irwin. Do.
v Jackman Do.
Hite v Cox. Abates by Plant. Death.
Bell vs Huston. Discontd.
Parker, Ass. vs Daviss Contd.
Whitzle, Ass. vs Ryebolt. Contd.
Stone vs Crawford Extr. Do.
Wood vs Griffith Con.
Hamilton v Hawkins. Do.
Seman v Miller &c. Do.
v the same Do.
Cook v Berwick }
v Heartt
v Johnston ¢ Contd.
v Dobbins |
v Barker
Vannatree vs Pelton &c Contd.
M‘Kenzey vs Semple Cont.
Ryan v Clerk Do.
McDonald v Grimes Do.
Deale vs Grove Do.
Tennell, Ass. vs Marshell —
Colvin vs Ryley Contd.
Wells vs Johnston. Contd
Redford, Ass. vs. Hill Do.
Ryan vs Caswell Do.

Grt2)

MINUTES OF CouRT OF YOHOGANIA COUNTY.

v Shaner Do.
Brent v Teegarden Do.
Owry vs Fisher Do.

v Miller Do.

v Maurer Do.
Farree v Duck Contd.

v Sinnett. Contd
Pigman v Seaton Contd
Stebbs v Templeton Do.

v Daviss_ Do.

v Accord Do.

v Carter Do.

v Edwd. Doolin Do.
Caswell, Ass. v Girty.

v the same Genta:

v the same

v the same
Caswell v Scott. Contd
Clinton vs Cuningham Contd

v Donne Do.
Weckwire v Downer Do.
Holliday v Jones Do.

v the same Do.

v the same Do
Wells v Zane Do.
Hawkins v Bodkin Do.
Watson v Kuyendall Do.
Hawkins v Coffee Do.
Little vs Brounfield Do
Virgin vs Colvin Do.
Paul vs West Do.

Day vs Christie. Do.
Taylor vs Byerly. Do.
Humble vs Clerk Do.

v Burns’ Do.
Devoir vs Scott Do.
Jones v McDowell Do.
Fowler v Brown’ Do.
Wall vs Doolin’ Do

296

(113)

ANNALS OF THE CARNEGIE MUSEUM.

Waddle, Ass. v Arle Do.
Farree vs McCatney Do.

v Carrell Do.

v Macken Do.
Frederick Farree, Ass. v Kinkaid Contd.
3rent vs Simpson Contd.
Cresip v Colwell Abs. by Plaf. Death.

v Philips Do.

Swigert v Sinkman [?] |

v Corree |

v Beeler | Abates by Plan. Death.

v Myers |

v Myers J
M°Clelan vs Small Contd.

v the same _ Do.
Daviss, Ass. vs. Downer Do.
Devoir v Warner Do.

v Hanks Do.

Decks v Groggs Do.
Harden Ju. v Kinkaid Do.
Miller, Ass. v Custard Do.
Ryan vs Ross Do.

Tennal, Ass. v. Marshall Do.
Maxwell vs Ashcroft Do.
Killay v Cox Do.

Walls v Zane Do.
Kuykendall v Dunn Do.
Cuningham v Bruce Do.
Jollery v Barker Contd.
Moore v Churchell Do.
Schane, Ass. v Stephens Do.
Jackson v Clerk Do.

Bowley v Swigert Do.

v Russell Do.
McGrue v Ward. Do.
Morrison v Armstrong Do.
Gather v Swearingen Do.
Ross v Dunfield. Do.

Jacobs v Brasheers Do

" (114)

(COep)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Lennett v Aston. Abates by D. Death.

Dean v M*.Namay Do.
Loughlin v the same _ Do.
Rowleter v Labatt Contd.
Steel vy Moncck Do.
Jackson v Clerk Do.

Hall v Redman Do.
Mordecai v Kuykendall Do.

Decmp v Freshwater. Abates by Pl. Death.

Thomas v Lambert. Contd.
M°‘Collister v Black Do.
Savage v Teegarden Do.
Finn v Williams Do.

Adams v Horn Do.

Lain v Peyton Do.

Walliace v Meek. Disctd.
House v Mayhon’ Contd.
Virgin v Moore Do.

Collings v Dolton Do..

—— Ass. v Clerk Do.
Adams vs Huston Do.
Cleldening vs Caarmichell Do.
Hanthorn, Ass. v Martin Do.
Semple v Owery Do.
Hamelton v Hawkins Do.
Rouse vs [?] Do.

Crawford v Aston. <Abates by D. Death.

Johnston v Watson Contd.
Morgan v Wheeler Do.
Steel vy Thomas Do.

Ewalt v Ross Do.

Daugherty v Aston. Abates by Def. Death.

McGloughen vs Irwin Contd.
Pearce vs Cherry Do.
Semple v Carrell Do.

Moore v Ritchnin Do.
Daugherty v Blacke Do.
Devoir v Tygert. Do.

Tygert v Lindsey Contd.

at

298

(116)

ANNALS OF THE CARNEGIE MUSEUM.

v the same Contd.

v the same Do.
Stewart v Scott. Do.
Theobald v McCoy. Abates by Partys Death
Holliday v Zane. Contd.

v Wortherington Contd.
Simmon & Campbell v Gaughagain Contd.
Kuykendall v Kuykendall Do.

v Holliday Do.
v Heath Do.
v McGuire Do.
v Hogland Do.
Vallandingham v Springer
v Clemans |
v Meeks e
7 Hartley r Contd.
v Lindsey |
v D. Lindsey }
Farree v Linn, Sen. Do.
Downard v Parr. Abates by Defds. Death.
Maxwell v Thompson Contd.
Reed v Clerk Do.
Dealton v Shannon Do.
Clinton & Noble v Dooland Do.

New Petitions.
Smallman v McDorend |
v Gaunseley Contd.

v Scott J

Swigert v Higinbottom |
v Newland
v Scott | - Abates by
v Pelegon | - “Pl; Death:
v Cox |

v Castle

Daugherthey v White

)
v Philip |
\
|
J

v Brownfield Contd.
v Bailey

Ass’ee. v McGinn

uET7)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 299

Ross vs Swift Do.
v Black Contd.

McClure v Lynch |

v White f Contd.

v McCarty J
Hawkins v Labatt Cont.
Bruce v Aston. Abates by D. Death.
Clerk, Ass. v Downer. Contd.
Irelawin v Ferree’ Do.
Holms v Huston’ Do.
Lynch, Ass. v Ornsbey. Do.
Anderson v Girty. Do.
Finn v Williams Do.
Kendall v Brounfield Do.
Parr v Korn Do.
Garrey v McCollogh Do.
McCullum v Edwards Do.
Christie v Alexander. Do.
Spear v McDoran Do.
Fitzgerreled v Ryley Do.

A Commission from his Ex. the Gov. appointing Matthew
Ritchie Sheriff of this County was read, Whereupon the said
Matthew Ritchie Informed the Court that he had Taken every
Method in his Power to Procure deputys to assist him in the
Exn. of his Office, but from the present State of the fees, To-
gether with the Contested Boundry of the County, and the
small Emoluments Arising to the Sheriff of this County, al-
though he has offered the whole to any Person who would act
as Deputy, he has not been able to procure one, and Therefore
refused to Act or Qualify into his Comm. Whereupon Geo.
McCormick Gent. is recommend to his Excellency as a
proper Person to Serve as Sheriff of this County. Ordered
that the Clerk Transmit a Copy of this Recommendation to his
Exc. as soon as Posible, with an Apolighy for the frequent
application the Court are under the Disagreable Necessity of
Making for Sheriffs Commissions, and also inform his Exc. that
a Commission appointing the said Geo. M®.Corm. Sheriff, was
issued some Time ago, but the said M*'Cormick was then an

300

(118)

(119)

ANNALS OF THE CARNEGIE MUSEUM.

Officer in the Continental Service, and Contrary to his Expec-
tation the Gen]. would not at that ‘Time Suffer him to resign,
and consequently could not Serve, but Since has been permitted
to resign and is now clear of the Army, and now assures the Court
that he will Except of the Office and have the Duty Done.

Geo. McCormick Gent. is appointed Sheriff for one Month.
Entered into Bond, Sworn accordingly.

Ordered that the Sheriff pay out of the Depositum in his
hands in the State of the County Levy, the following sums.

To W™ Nemmons as pr. Genl. [?] BAO ae

To. for Express 6. 10

To the Sheriff for three Called Courts. 600 lbs. Tob’o. 3.15

To Executing a Negro man belong’g. toJ. DeComp_ 1. 7.6.

Ordered that the Clerk send the recommendation of the
Sheriff to the Governour by Express for the said Sheriffs Com-
mission for which he shall be allowed Eighteen pounds.

Deed poll William Price to Andrew Robetson was acknowl-
edged by the said Price party thereto, and ordered to be recorded.

Two Deed polls Christopher McDonald to Robert M°Gee
was acknowledged by the said Christopher party thereto and
Ordered to be Recorded.

George McCormick Gent. high Sheriff come into Court and
protested against the Insufficiency of the Goal to Secure
Prisoners.

Thomas Applegate is Appointed Surveyor of the Road from
his House to William Andersons on the Monaungohela, and
that the Inhabitents within three miles on Each side of said
Road, work on, Cut open and keep said road in repair.

Ordered that Court be adjoorned to Court in Course.

Epwp. WARD.

At a Court continued and held for Yohogania County, the
25 Jany. 1779.

Present Benja. Kuykendall, Saml. Newell, Joshua Wright,
Oliver Miller, Gent. Justices.

Ralph Bowker took the Oath of a Deputy Clerk for the
County of Yohogania.

George McCormick Gent. took the Oath of High Shff. for
the space of one month.

(121)

MINUTES OF CouRT OF YOHOGANIA COUNTY. S01

Hugh Sterling a Deputy Shff. for the space of one month for
the County of Yohogania came into Court and made Affirma-
tion according to Law.

Paul Mathews came into Court & took the Oath of a Goaler
according to Law for one month.

Ordered that this Court be adjourned till Court in Course.

BENJA. KUYKENDALL.

At a Court Continued and held for Yohogania County,
March 22nd. 1779.

Present, Joshua Wright, Benjaman Kuykindall, Oliver Miller,
Joseph Beckett, & Joseph Beeler, Gentlemen Justices.

Deed Poll George McCormick to Henry Renkin & Alex.
McBride, also the Rec’t. thereunto annexed was acknowledged
by the said McCormick a party thereto, and O. R.

Saml. Irwin Swore in Attorney.

Inventory of the Estate of John McClery deceased returned.
Ordered to be Recorded.

The last Will & Testament of James Devoir decd. was proved
by Nicholas Depugh Tobias Decker & Daniel Depugh Jun.
Witnesses thereto, & O. R.

John Devoir Sworn Ex. of the last Will & Testament of
James Devoir, decd.

Ordered that Nicholas Depugh, Daniel Depugh, Jonh Decker
& John Crow or any three of them being first Sworn do ap-
praise the Est. of Jas. Devoir, & make return to next Court.

Deed Poll. Danl. Deshay to John Miller proved by Nichs.
Depugh Danl. Depugh & Tobias Decker Witnesses & O. R.

Deed Poll, Peter Swath to Danl. Depugh acknowledged and
OR:

The last Will & Testament of Cathr: Lamb proved by Peter
Swath & Henry Devoir two of the Witnesses thereto & O. R.
Peter Black, John Devoir, John. Lyda & Michael Myers ap-
pointed to appraise sd. Est. and make a return thereof to next
Court.

Samuel Frye is appointed Constable in the room of Nichs.
Depugh.

Isaac Vance v Danl. Williams. Eject.

Order for Survey & Jury of View.

302 ANNALS OF THE CARNEGIE MUSEUM.

John Morrison is appointed Constable in the room of Benja.

Vannater.
Ordered that this Court be adjourned till 7 O’clock Tomor-
row morning. BenJA. KUYKENDALL.

Court met according to adjournmet March 23rd. 1779.

Present, Edward Ward, John Cannon, Richard Yeates,
Joshua Wright, Oliver Miller, Gentlemen Justices.

Deed Edward Ward to George Ross the Elder, and George
Ross the younger with the recept anaxed was acknowledged by
the sd. Ward. O. R.

Deed Edward Ward to John Campbell was acknowled & O. R.

Deed John Campbell Gent. to Joseph Simon acknowleded.
OR:

Deed Joseph Simon & wife to John Campbell Gent. proved
as Directed by Act of Assembly & O. R.

(122) Deed Christopher Miller to Joseph Simon & John Camp-
bell, proved according to Act of Assembly & O. R.

John Corbley Jacob Vanater Abraham Vanmater Isaac Dye,
John Eastwood, Abraham Holt, John Holt, Robert Tyler,
having produced recommendations from the County Court of
Monongehala to pass unmolested to the Falls of Ohio which
was read and approved of.

Present Thomas Smallman & Thomas Freeman & William
Harrison Gent. Justices.

Richd. Yeates Gent. Absent.

Administration of the Est. of John Murphy is granted to
Van Swearengen he having comply’d with the Law.

Admn. of the Est. of Henry Brindley is granted to Van
Swearengen he having complied with the Law.

Ordered that Nathl. Brown Isaac Israels Thomas Edgin-
ton Nicholas Vinamon any three of them do appraise the
Estates of John Murphy & Henry Brindley, decd.

John Springer v Henry Kearsy.

Left to the award of John Cannon, Joshua Wright Geo.
Valandingham, Gabl. Cox & Jno. McDonald Gent.

Benja. Kuykendall Gent present.

(123) Deed Poll Valentine Thomas Dolton to Edwd. Ward was
proved by the oath of Thomas Smallman, William Christie, &
Jacob Bouseman Witness thereto and O. R.

ae

(124)

MINUTES OF COURT OF YOHOGANIA CouNTY. 303

Deed poll Wm. Brashers to Van Swearingen was acknowl-
eded and O. R.

Samuel Newel Gent. Present.

The administration of the Estate of Thomas Cook formaly
granted to Anne Cook ordered to be set aside, and that the
said Administration be granted to the said Anne Cook and
Gabriel Cox they having Complied with the Law.

Charles Records with Henry Kearsey his Securt. came into
Court and enter’d. into Recog. for the Personal appearance of
sd. Records at the Next Grand Jur. Cour. held in £ 100 Each.

William Goe, Gent. Pt.

George Valandingham Pt.

Inventory of the Est. of Jas. Loudon decd. retd. & QO. R.

Deed Poll Wm. Coventry to Jno. Miller Ackd. & O. R.

Adam Patterson v Wm. Tidball Benja. Swat Spl. BI.

Sale of the Est. of Fredk. Farree decd. retd. and O. R.

Sheshbazzer Bentley v Camp. Agreed.

v Vititoe

v Eglin

v Warren) Ordered that a Didimus
Issue to examine Wit.

Spears v McMahan. Ordered that a didimus Issue to take
deposition in sd. Cause.

Ordered that the Recommendation of George McCormick as
Shff. be sent to the Gov. and the Com’n. brought up at the
expence of the Co’ty.

George McCormick Sworn Shff for one Month.

Benja. Vanater and Jno. Lamon sworn Deputy Shffs for one
month. =

Wm. Bennett appointed Constable in the room of David
Philips.

Tobias Matlocks appointed Consta. in the Room of Jno.
Hull.

John Dean & John Hoglin his Securt’y held in £100 each
for the sd. Deans appr. at next May Co’t.

Ordered that Thos. Ashbrook Joseph Snowden James Brad-
ford & Thos. Edginton or any three of them do view a Road
the nearest and best way from Catfishes Camp to Pentecost’s
Mills and make a return to the next Court.

304

ANNALS OF THE CARNEGIE MUSEUM.

Isaac Walker and Gabl. Walker his Secut’y held in #100
each for the appr. of the sd Isaac the next G. J. Ct. and that
Thomas Townsly be committed to the care of Gabl. Walker
till May Court.

Ordered that Moses Bradley be summ’d to appear at the
next Ct. to answer the complt. of Jno. Golahar for not doing
his duty asa Constable.

Pentecost v Lynn. Ordered that a Didimus Issue to
Examine Parties Wit’s. and that the same be tried at Sept. Court.

George M’.Cormick Gent. Protests against the Sufficiency of
the Goal.

Deed Poll Jno. Dunn to Geo. Wallace proved by the Oaths
of Joseph Skelton & Hugh Oharra. Ord’d. to by for further

proof.
Ordered that Court be adjourned till tomorrow morning 8
O2Clock: Epwp. Warp.

Court met according to adjournment March 24th. 1779.

Present Edwd. Ward Wm. Gowe, George Valandigham,
Richd. Yeates, Thomas Freeman & Wm. Harrson. Gent.
Justices.

Hugh Ohara Vea

Hane Sse ) Contd. at Def. Costs.

Thomas Smallman & Benja Kuykendall Gent. Joshua
Wright, Present.

Brashears v Hamelton. ‘Then came a Jury, Towit. Jos.
Skelton, Jacob Bousman Saml. Ewalt David Day Jno. Houg-
land Jas. Munn Sheshbazzer Bentley, John Campbell John
Farree James Burris William Colvin Thomas Gist, Verd’t. for’
Plt. & Judgt. £ 500.

The fine imposed upon Jos. Noble for not appear’g. as a
Grand Jury Man is omitted.

Shuster v Lyda_ Agreed.

Deed Poll Peter Brandon to Hugh Oharra was proved by
the Oath of William Christie a Wit. Ordered to ly for fur-
ther proof.

Ordered that the Allowance Allo’d Jane Armstrong the wife
of Armstrong a Soldier in the Contin. Service be
contd. to the Date Hereof.

_

(126)

(127)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 305

Admn. of the Est. of the late Colo. White Eyes is granted
to Thos. Smallman he having complied with the Law.

Jos. Skelton David Duncan Wm. Christie & Saml. Ewalt
appointed appraisers to said Est.

Appraismt. & Sale of John Green’s Est. retd. & O. R.

Administration of the Est. of Benja. ‘late decd. is granted
to Jacob Bousman he having complied with the Law. Wm.
Christie, Jos. Skelton David Duncan & John Ornsby appoint’d
apprais’rs of sd. Est.

Deed Poll Jas. Burris to Hugh Ohara acknd, also the Asst
from Ohara to James McLeland & Wm. Redick acknowledged
& O. R.

Pentecost v. Jones & Mayes [?]. Ordered that a Jury be
Summ ’d of view attend upon the Land and that the Survr. and
Shff attend likewise.

Oliver Miller returns the following fines :

Robt. McGee for Drunkenness 5 S.

Jno. Hall 5 S. Wm. Brashers 15 5. George Sickman 20 S.
& James Bruce 20 S. for prophane Swearing. Clerk Rec’d.
the Money. '

Ordered that the Ferries on the Monongehala River be al-
lowed 2° 6 for a man & the same for a Horse.

Ordered that Paul Mathews be allowed 75. 5. 10 for fur-
nishing Prisoners & find’g Irons for Criminals.

Ord’d that Jno. Ornsby Esq. be appointed to keep a ferry
Over the River Monongehala from the Toun of Pittsburgh to
the opposite Shore and that he be allowed 2* 6 for a man &
the same for a horse and that he keep one good Boat and Suf-
ficient hands to work her and that he give Bond agreable to
Law, at the next Court.

Brashers v Colvin. ‘Thos. Freeman S. B.

John Hogland v Geo. Riggle & Matthew Loghlin. Or-
dered that Didamus Issue for Examine of Witness.

Ordered that Court adjourn untill Tomorrow Morning 8
oClock. Epwp. Warp.

Court met according to adjournment 25 March 1779.
Present Richd. Yeates, Thos. Smallman Joshua Wright,
Benja. Kuykendall, Thos. Freeman Gent. Justices.

306 ANNALS OF THE CARNEGIE MUSEUM.

Ordered that Wm. Spurgen Thos. Cushman Thos. Moore
Zebulun Hog be appointed to appraise the Est. of Danl.
Greathouse’s decd. & make retn. to next Court.

Assingmt. of two Deeds Poll Jas. Ellis to Sam]. Irwin
Ackd> &-O. Re.

(128) Attachments.
Patrick Clerk v William Paxton. D. N. ap.
Oharra v Brandon Contd. Pl. Costs.
Cumings v Lindsey D. N. ap.

Cox v Nelson. Contd.
Graybill v Hall D.N. apl.
Ritchie v Hall Contd.
Depugh v Hardin Contd.

Issues.
Cox v Williams Contd.
Lydea v Cox Contd
Wherry v White Contd
Miller v Humble Contd.
Pentecost v Jones C. O.
Johnston v Swearengen Contd.
Brownlee v Duglass Contd
Shilling v Newkirk Contd.
Same v the same Contd.
Myers v Hooper. Contd.
Mitchell v same Contd.
Shilling v Fortner Contd.
Hooper v G. Myers Contd.

vsame Contd. v Thos. & ux Contd.

Fullum v Johnston Contd.
Springer v Kearsey Contd.
Spear v Jones Contd
McCauley v Jones Discon’d. N. P.
Campbell v McCoy Ab. Dt. Dead.
Spear v Winemiller Contd.
Semple v Collings Disd. N. Apr.
Collings v Semple D’d. N. Apr.
Bouseman v McGoldrick Contd
Ward v Thorn &c. Contd

(129)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Jones v Speers Dis’d. N. Ap.

Hickman v Brownfield Disc’d.

Pentecost v Linn Contd.

Corn v Miller dism’d.

Pentecost v Briscoe Contd.

McGinnis v Gibson discont’d.

Shilling v Taylor Contd.

Hawkins, Ass. v Clerk Contd.

same v Kuykindall, Contd.

Malone v Thomas. discontd.

same, Admr. v Smith. discontd.

Eaton vy Kennon Contd.

Same v McClellen Contd.

Bonce v Mordacai Contd.

Same v the same Contd.

McDonald v Scott discontd.

Same v Cavitt Do.

Same v Hanna_ Do.

Brawdy, Ass. v French Contd.

Grubb v Dawling Contd.

Vallandingham v Tygert Contd.

Thomas vy Hanna &c._ discontd.

Same v Same Do.

Same v Caveat Do.

Haney v McCay. Abates by Defds. Death.

Chambers v McFarlane & ux. discontd.
v Michael Thorn Do.

Ward v Thorn &c. Contd.

Woods v Gray disctd.

Beeler v Wells. Contd.

Cook v Paul Froman_ Contd.

Same v Shilling Contd.

Same, Ass. v McClellen Do.

McManamy v Robertson Contd.

Crow v Williams discontd.

Crow & ux v Same ) oe

Do v Do jf

Semple, McKinzie Contd.

Hickman vy Dunfield discontd.

307

308

ANNALS OF THE CARNEGIE MUSEUM.

Wilson v Hanna _ Do.

Colvin v Frederick Do.

Holliday, Ass. v Hawkins Contd.
Cressip v Dooling A.P.D.
Sameiv Peters” “Do.

Same v French Do.

Beall v Finn &c.
Beall, 3° Assinee. v McMachen fone
Hamelton, Ass. v Dunfield
Harrison v Paul A.D.D.
Neavill v Gist Contd.
Ryley v Hanna discontd.
Cressip, Adm. v Teagarden A.P.D.
Teagarden v Hammond _ discontd.
Cresip v Swearengen Contd.
Felps v Semple Discontd.
Campbell v Beall Contd.
Paul v Smith discontd.

Common Orders.
Warshington v Pearceall Contd.

»-Vance v McNew’ Contd

Colwell v Frye &c. Impl.
Henderson v Kinkaid Contd.
Morrison v Vannatree Contd.
Same v Benjaman Vannatree. Contd.
Bouseman v McGoldrick Contd.
Froman v Dean Impl.
White, Sen. v Johnstown Judgt W. E.
Swigert v Murphey Judgt. W. E.
Brashers, Adm. v Colvin’ Plea No dem’d. Contd.
Same same v Brashers. Judgt. W. E.
McCullum v Brashers, Adm. discontd.
Whitacker v Dixon discontd.
Croghan v McConnell

v Elrod.

v Davidson

v Royall

v Kysor

v Connor Contd: Plt:

C331)

MINUTES OF CouURT OF YOHOGANIA COUNTY. 309

v Grant
v Gibson |
v Hunter
v Witzel
v Ross
George Croghan v Wm. Thompson. )
v McCartney > Contd. Plt.
v Ramage
Elliott v Collins Contd.
Ferguson v Carroll discontd.
Cox v Dicker discontd.
Duncan & Barr v Clarke &c. discontd.
Liming v Douging Do.
Carswell v Dunn Do.
Croghan v Ross )
v Springer ~ contd.
v Henry
Wickwire, Assee. v Harrison discontd.
Hawkins, Asse. v Hanks contd.
v Zane contd.
Deeck, Assee. v Swearengen_ discontd.
Kuykendall v Roberts A. P. D.
Holladay v Bell & ux. discontd.
Chambers v Emberson discontd.
Vallandigham v Chriswell Do.
Writs of Enquiry.
Hawkins v Wheat contd.
Nelson v Shilling contd.
Shilling v Nelson contd.
Spivy v Beeler contd.
Laurence v Rogers discontd.
Lindsay v Long discontd.
Kuykendall v Ross A. P. D.
McElroy v Templin ) er
v the same J
Hand v Whitaker contd.
Armstrong v Owens & ux. discontd.
Barrackman v Mutz_ discontd.
Boley v Springer contd

310 ANNALS OF THE CARNEGIE MUSEUM.

v John Springer contd.

Martin v Douglas discontd.

McClingh v Knight Do.

Parker v Barrackman Do.

Boley v Springer contd.

Reference.

Ward v Wells Judgt. W. E.

Briscoe v Todd _ contd.

Connell v Mounce & ux. contd.

Reasner v Ruth contd.

Brown v Hamilton Judgt. contd.

Sumrall & ux v Sumrall agreed.

Boling v Morrison contd.

Sterling v Richards contd.

Wells v Newell contd.

Gist v Waller contd.

v Hall contd.
v Boyles Do.

Burris v Trapman Do.

Burriss v. Johnston & ux. Do.

Dunaughagan v Gray Judgt. Exn. Issued.

Shilling v Collins agreed.

Schley v McKindley contd.

Braden v Vannater contd.

Cox v Davis & ux Judgt. W. E.

Richards v Ross contd.

Fullum v Johnston N. G. w. leave & I'd.
(Grey) Benjamin Fullum v Johnston & ux

v McComish
Andrew v Johnston & x.

N. G.w. Leave & I'd.

v the same
Brownfield v Ross contd.
Holmes v Dunn agreed.
Custard v Long contd.
Vance v Williams Judgt. & W. E.
Swassicks v Jones contd.
Deckers Ruth Wine Gece dd:
Pearse v Evans contd.
Murphy v Richards contd.

(134)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Hayes v Deale contd.
Bruce v Pelton’ discontd. Plt.
Ewalt v McCollister contd.
Hougland v Riggle agreed.
v Loughlin contd.
Swissicks v Swissicks contd.
Newkirk v Shilling contd.
McFarlane v Beeler contd.
Andrew v Johnston contd.
Mathews v Marshall & ux. contd.
Howe v Genoway & ux. discontd.
Cox vy Britsman contd.
Vannater v Bradon contd.
v Parkerson Do.

Vanater v Kuykendall Dis Contd.
Burris v Williams Contd.
Jones v McDonald Do.
Dawson v Kirkpatrick Do.
Hall v Wells & x. Do.
Grimes v Logan contd.
Beeler v Walker Do.
Woods v McKee_ Do.
Morrison v Surgart Do.
Froman v Boyce Condition perfd. & Contd.
Deale v Hayes Contd.
Crookes v Hougland Contd.
Patterson v McCornish Discontd.
Ralston v Lowry Judgt. W. E.
Pearse v Evans contd.
Wallace v Duncan Do.
Tigart v Boley Do.

v Chamberlain Do
Tigart v Davis Do.
Devoir v Pelton A P. D.
Clarke v Again Issue I'd.
Springer v Listnett. Agreed.
McKy v pees licoutd.

v The same }
Mattocks v Brown Do.

311

dl

»)

on

ANNALS OF THE CARNEGIE MUSEUM

Brown v Mattocks Do.
Lydav Collins Do.
Caldwell v Houglin Do.
Witzle v McElwaine Do.
Caldwell v Corn Do.
Henry v Sloane Judgt. & W. E.
Heath v Bruce N. G. w. Leave.
Fry v Tilton )

v The same }
Chamberlain v Henthorn. contd.

¥ Hickman A.-D..D.
Spear v Proctor contd
v Gist contd.

Croghan v Waugh Do.
Newell v Robertson Do.
Kuykendall v Hawkins Do.
Shilling v Young

Judgt. & W. E.

v The same

d contd.
v Demink
v Proctor

Nevill v Wisemen Do.

Noble v Chamberlaine. Judgt. for Want Plea.

v Keyéc x. ~ ft. WE.
Shilling v Martin contd.

Hawkins, Ass’ee. v Hillibrand Judgt. for want of Plea.

‘Ass ee. v Uhelsame Do.
v White Do.
Hardin v Hawkins_ discontd.
Spears v McMahan _ contd.

Prather v Beaty. Judgt. Ex. if Bd. found.

Wells v Brown agreed.

Blackburn, Ass’ee. v Peak. contd.
Brashers v. Swearengen discontd.
Schley v Smith contd.

Conrod v Carter Do.

Hiser v McConnel Discontd.

Wood v Griffith contd.

Misely v Housinger discontd.
Mitchell v Scott Do.

Issude

(136)

MINUTES OF COURT OF YOHOGANIA COUNTY. Sil

Rogers v. Proctor contd.

Oury v Brown _ Discontd.

Clinton & Noble v Brashers contd.

Baker, Ass’ee. v Hargis. Discontd. Pl. out of Country.
Waggoner v Warner contd.

McGrew v McConnel Do.

The same v Philips Do.

Glenn v Hinton. Abates by P. death.
Bowley v Ross )
The same v the same »_ Agreed.
The same v the same
Bouseman v Douseman Judgt.
Same v the same _ Do.
Same v John McClean Do.
Kuykendall v Dunn. Abates by P. Death.

v William Hawkins. Abs. by P. D.

v Benjaman Vannatree. Abates by P. Death.
McMahen v Irwin contd.
McCandish, Ass. v McComish. Do.
Taylor. v Irwin discontd.
Drinning v Zane_ discontd.
Moore v Ritchman contd.
Smallman v Slover contd.
Virgin v Moore Do.
Barker v Jourden Do.
Wallace v Meek Dis’d.
Armstrong v Rammage_ contd.
Redford, Assine v Hill Do.
Wilcox v Craighead Do.
Barrackman v Shivily Do.
Beall Jun. v Shawn Judgt.
Keller. v Jones. A.D. D:
Reasoner v Shearer contd.
Brent v Beeler Judgt.
Ramsey v Chambers ) Routa:
The same v the Same )
Stephens v Berwick discontd.
Heath v Farree_ contd.
Parkin v Colloway Do.

314 ANNALS OF THE CARNEGIE MUSEUM.

T. Cresip-v shearer / Wo:
(137) |Hughs v Thomas contd.
Stephens v Shilling Do.
Dye v Dye discontd.
Downer v Teagarden contd.
Thomas v Lee’ contd.
Wilson v Cockburn. Do.
Brownfield v Cox Do.
Bonce v Long Do.
Tygert v Dunnovan Do.
Colwell v Brouster Do.
Summerall v Brouster Do.
Shearer v Miller Do.
Baker v Hendricks. Do.
Whittaker v Dixson Do.
Wells v Reredon & ux. Do.
Whitzel v Shearer Do.
Gollehar v Docking Do.
Stephens v Stout Do.
McMullin & ux v Dickerson Do.
The same v the Same_ Do.
Moore v Virgin & ux Do.
Same v R. Virgin Do.
Moore v Virgin Do.
Boyce v Philips Do.
Campbell v Brownfield. Do.
Harrison v Sheerr Do.
Vowill v Pennum contd.
Jones v Clerk & x contd.
Phelps v McGrew Do.
McMichiel v French Do.
Purcel v Gibson Do.
Half Penny v Whitzel Do.
Thomas v Morght & x_ contd.
Park Cockron%A..P. D!
Ireland v Wilson. Do.
(138) Collings v Brady contd.
Black, Ass’ee. v Dunleavy Do.
Vaughan v McMahen Do.

(139)

|

MINUTES OF COURT OF YOHOGANIA COUNTY. 31

Stephenson v Read & x_ Do.
Small v Gray. Do.
Tedball, Ass’e. v Shaner. Do.
Anderson, Ass v. Hughy Do.
Stephenson v Barnitt Do.
McClellan v Guy Do.
Shley v Smith Do.
Young v Jackman Do.
Lynn v Tilton Do.
Martin v Johnston Do.
Chamberlain vy McLean Do.
Ruse v Haymaker Do.
Altman v Hanna & x. Contd.
Martin v Glass & x_ contd.

v Hamilton’ Do.
Black v Chamberlain Do.
Mordacai v Bond _ Discontd.

v Nigh Do.

Black v Jolly)
Black v Hannah )
Tygert v Barns contd.
The Same vs Jeffery Do.
Winebiddle v French Do.
Young v McCullogh Do.
Morrison v Ross_ Do.
Brownfield v Smith Do.
Hunter, Ass. v Jones. Do.
Caswell v Dunn Do.
Wallace v Murdock Do.
Fosset v Meeks Do.
Campbell, Ass. v Dunn Do.
Ridgley & Cop’y. v Lynn Do.
Morecroft v Cooling Do.

- discontd.

Fleming v Gibson’ Do.
Dunfield v Hickman

v Ross

v John Rossell

oe contd.

v Lindsey

v Fossit

v Pearcifull

316

(140)

ANNALS OF THE CARNEGIE MUSEUM.

Stelt v Johnston |
v Richd. Johnston { Do.

Downer v Morrison Do.
Woods v McGlashen Do.
Stiger v Smith Do.
Eliott & Cop’y. v Martin Do.
Lynch, Infd. v Loughlin Do.
Semple v Ferns &c. Do.
Gray v Harrison Do.
Croghan v Bowly

v McCallister

v Bouseman Xc.

v McKee.

v Kuykindall A. D. D.

v Ritchman

v Whittaker
v Abr. Whittaker
v Jas. Whittaker
V
Vv
V

’ Benj. Kuykindall
Frederick oad

* Rowleter ‘ies .

v McLean

v Bouseman

v Grimes

v McGrew.

v ‘Troop

v Swissicks

v Meekes

v McManamy

v Drummond.
v Campbell.
Geo. Croghan v Eleazer & James Myers.

v Gibson

v Weddle, Senr.

v James Beard

v Abr. Mitchell

v Miller

v Armstrong

v Renno

_—— a

contd.

(141)

MINUTES OF COURT OF YOHOGANIA COUNTY.

v Elliott
v Price

v St. Clair
v Robt. Louden
St. Clair v Labatt contd.
Clerk v Teebolt Do.
Iler v Adams_ Do.
Girty v Hannah Discontd.
Gaughagain v Smith Contd.
Enoch v Teegarden Do.
Clinton v Mayes Do.
Hawkins v Humble Do.
Fife v Holliday Discontd.
Fife v Fife )
Fife v Churchwell + Contd.
v Fife
Hite v Morgan
v White
v Evins

v Louden |
|
|

contd.
v Myrnett

v Deavebaugh
v the same
Bryan Bruin v Wm. Fife
v the same De
v the same
v the same
Dolton v Gruver discontd.
Same, Ass’ee. v Shaner Do.
Hales v Roach _ contd.
Morgan v Nicholas

v Bond ere
vy Chamberlain pees
v Beavers
M. Morg rW
res a aie dg i discontd.
Same v the same |

Kuykendall v Pearcifull. Abates by P. Death.
v Pancate same.
v Douthwait same.

317

318 ANNALS OF THE CARNEGIE MUSEUM.

Williams v Vannatree agd.
v Crow. discontd.
Price v Lynn contd.
v Weddle Do.
v Hanks Do.
Gray v Poston -Do.
vsame_ Do.
Tygert v Dunnavan
v Craven

v Vannatree Do.
v Elisha Craven
v Hogland
St. Clair v Sills » Do.
McCullogh v McCormick & al PD
v Douthwait a ie
Eliott v Girty Contd.

Hawkins v Beall

J

Same v the same | discontd.
v Same
v Patrick Gary. Abates. D. Dead.
v Perkerson. contd.
Semple v Thompson discontd.
Robertson v Crow. contd.
Shilling v Newkirk Do.
Rogers v Williams &c )
v Parr Do.
v Tumbleston j
Zane v Hawkins’ Discontd.
Zane v Drening Do.
Zane, Ass’e v Holdman _ contd.
(142) Castleman v Tabor contd.
Elliott, Adm. v Hargis )
McMullin v Dickerson
Ross, Assinee v Clemons J
Devoirv Dunn A. P. D.
Lyon v Dunking contd.
Hozier v Bruce Do
Glassell v Kizer Do.
Glassell v Young Do.

ID. contd.

(143)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Anderson v Rees_ Do.
Dunleavy, Ass’e. v Ferrell Do.
Hammond v Teegarden Discontd.
Armstrong v Oharra_ contd.
Thomas, Ass.-v Stack Do.

Ward v String Steel |

v Same J =
Jones v Evins |
F > Do.
v the same |
v McGoldrick \
c Do.

v the same J
Ogle v Wilson Do.
v the same_ Do.
Labatt v Rammage_ Do.
Hamelton &ca. v Goe_ Do.
Cleldening v Logan Do.
Nevill v Holliday Do.
Kizer v Davidson Do.
Kelso &c. v Pigiott Do.
Allen v Logan &c_ Do.
v Duglass_ Do.
Hilderbrand v Hawkins Do.
Same, Assin’e v Hanks } ;
Lave 10 discontd.
Wallias v Briscoe Do.
v Same _ Do.
Swearengen v Spencer
v the a, oe
Smith vy Smallman_ contd.
v George Schley & ca. discontd.
Martin v Elliott contd.
Brachen v Casat_ Do.
Jones v Ormsback Do.
Crawford, Exr. v Cox Do
Heath v Parker Discontd by Plt.
Heuthorn v McCarty Do.
Roots v Cook contd.
Spencer v Swearengen Discontd.
Brent v Jones contd.

319

320 ANNALS OF THE CARNEGIE MUSEUM.

Colwell, Assinee v Lynn Do.
Kidd vy McConnell Do.
Lynch v Jones_ Do.

v Berwick Do.
Mitchel v Zane. Discontd.
Drenning v Bay contd.
Braden v Elliott &c. Do.
Cook v Hilderbrand Do.
Johnston v Steel Do.
Holliday, Ass. v Wortherington. Discontd. Plt. & Judgt.

for costs.
Hamelton v Martin contd.
Berwick v Atkinson Do.
Gilfillen, Ass. v Tygart Do.
McQuitty v Gray Do
McCollister v Scott Do.
Bowley v Tygert Do.
Robertson v McGoldrick Do.
McIlroy v McMahen Do.
Atkinson v. White Do.
Price v Crawford Do.
Wheat v Kermichael Do.
Scott v Vallandingham Do.
Campbell v Hanks Do.
(144) Holliday & Co’p. v Stout contd.
McCarty v Craighead Do.
Lyons v Humble Do.
Frazier v Chambers Do.
Miller v Hill Do.
Coins v McQuin & ca. Do.
Boyd v Thomas Do.
Wright v Springstone Do.
Davidson v Hanks’ Do.
Walker v Dresnett Do.
Clerk v Hawkins Do.
Smith &c v Girty Do.
Dillo v Perkie Do.
McManamy v Oharro_ Do.
Richman vy Scott Do.

(145)

MINUTES OF CoURT OF YOHOGANIA COUNTY.

Ferrell vy Daugherty Do.

Alen Tharp v Collings Do.
Ormsbrey v Oharra_ Do.
Bouseman v Ornsby Do.
Thomas v Elliott Adr. Do.
Christie v White Do.
Brinkers, Ex. v Hardin Adr. Do.
Daviss Jun. & Co’p v Young Do.
Elvy v Dunn Do.

Lyon v Downer Do

Mitchell v Wade _ Do.

Wilson v McGinnis’ Do.
Coleman v Gause_ Discontd.
Johnston v Stephens contd.
Wilson v Cannon’ Do.
Mitchel v Zane __Discontd.
Williams v Pressor Contd.
Croghan v Powell Do.

Hite v Dodson Do.
Thornton, Ass v Williams Do.
Ornsby v Bouseman Do.
Dunlavy v Roberts Do.

Petitions.

Sills v Irwin

Shilling v Blackman
v Delaney

Roatch v Shaner

Christie, Ass’e. v Irwin
v Jackman
Parker, Assn’e v Davis

|
|

Witzel v Rybolt
Sloane v Mitchell
Wood v Griffith
Hamilton v Hawkins
Seaman v Miller &c.

v the same.
Cook v Berwick |

v Hart

v Johnston |

32]

we)
tS

t

- 146)

ANNALS OF THE CARNEGIE MUSEUM.

Dobbins
Barker

<

<

Vannater v Pelton &c
McKinzie v Semple

Ryan v Parke
McDonald v Grimes
Deale v Grove
Fennel, Ass’e. v Marshall
Collins v Reiley
Wills v Johnston
Redford v Hill
Ryan v Carswell

v Shaner
Brent v Teagarden
Owens v Fisher

v Miller

v Maurer
Todd v Sheaner
Huffman vy Williams agreed
Timmons v Gafney
Wright, Assne. v Dunlavy
Morgan v Saltsman
Dunlavy y Frye
Swigart v Ross
Bags v Cummins
Devoir v Anderson
Witzle v Valentine
Marshall v Brookes
Spurgen v Patrick

Farree v Duck A. P. D.
v Sinnett Do.

contd.

|
|

|

J

)
|
|
discontd A. P. D.
|
|
J

Pigman, Ass’e. v Laton contd.
Cresap & Stibs v Templin Judgt.

v Davis Do.

v Acord Do.
vi Garter Do.
Chriswell, Ass’e. v Girty Contd.

Ass’e. v The same
Ass’e. v the same

Do.
Do.

(147)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Ass’e. v the same _ Do.
v Scott Do.
Clinton v Cuningham Do.

v Donne Do.
Wickwire v Downer Do.
Holladay v Jones

v the onan ADD),
v the same J
Wills v Zane’ contd.
Hawkins v Bodkin Do.
Walter v Kuykendall <A. D. D.
Hawkins v Coffee contd.
Tittle v Brownfield Judgt.
Virgin v Colvin Contd.
Paul v West Do.
Day v Christy Do.
Taylor v Byerly Do.
Humble v Clarke ~

iBank } Contd.
Devomv Scott 2.1):

Jones v McDowell contd.

- Fowler v Brown Do.

Wall v Dowlin Do. Judgt.
Weddel v Arle contd.
Farree v McCartney
v Carroll
v McMahan
Ass’ee. v Kincaid
Brent v Simpson Judgt.
McLeland v Small _ contd.
v the same _ Do.
Davis Ass’ee. v Downer Do.
v Warren Do.
Devoir v Hanks A. P. D.
Dix v Grogs contd.
Hardin, Jun. v Kincaid Do.
Miller, Assee. v Custard Do.
Ryan v Pross. Do.
Fennel Ass’e. v Mitchall Do.

A cata 0)

324 ANNALS OF THE CARNEGIE MUSEUM.

Maxwell v Ashcroft Do.
Kelly v Cox Discontd.
Wells v Zane Do.
Kuykendall v Dunn A. P. D.
Cunningham v Bruce Contd.
Jolly v Barker Do.
Moor v Churchill Do.
Shaner Ass’e v Stephens Do.
Jackson v Clark Do.
Boley v Swigart
v Russell t no,
McGrew v Ward Do.
Morrison v Armstrong Do.
Mitchell & Grather v Swearengen Do.
Ross v Dunfield Do.
(148) Jacobs v Brashears Judgt.
Dean v McManamy contd.
Listnett v Same _ Do.
Ralston v Labatt Do.
Steel v Merrick Do.
Jackman v Clark Do.
Hall v Redman Do.
Mordecai v Kuykendall A. D. D.
McCallister v Black contd.
Savage v Teagarden Do.
Finn v Williams’ Do.
Adams v Hall Do.
Lain v Peaton Do
Wallace v Meek Do.
House v Mahon’ Do
Virgin v Moore Do.
Adams v Huston Do.
Clendenin v Carmichael &c. Do.
Henthorn, Ass’e. v Martin Do
Semple v Owens Do.
Hamilton v Hawkins’ Do.
Ross v Fransway_ Do.
Johnston v Watson Do.
Morgan v Weeler_ Do.

(149)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 320

Steel v Thomas Do.
Ewalt v Ross Discontd.
McGlashen v Irwin contd.
Pearse v Chery Do.
Semple v Carrol Do.
Moor v Richmond Do
Dougherty v Black Do.
Devoir v Tigart A. P. D.
Tigart v Lindsey Contd.
v Same Do.
v Same _ Do.
Stewart v Scott Do
Holladay v Zane _ Judgt.
Holladay v Worshington Discontd.
Simon & Campbell v Gahagan contd
Kuykendall v Kuykendall )
v Holladay
v Heath re weAPes TD):
v McGuire |
v Hougland j
Valandigham v Springer contd.
v Clements Do.
v Meeks. Do.
v Harley Do.
v Lindsay Do.
v David Lindsay Do.
Farree v Linn, Sen. Do.
Maxwell v Thompson Do.
Reed v Clarke. Do.
Dalton v Shaner Do.
Clinton & Noble v Douland Judgt
Smallman v eer |
v Gonsley Judgt
v Scott |
Dougherty v White |
v Philips |
v Brownfield f discontd.
v Beaty |
Assn’e v McKean |

326

ANNALS OF THE CARNEGIE MUSEUM.

Ross v Swift Contd.
v Black Do.
McLure v Lynch
v White - discontd.
v McCarty J
Hawkins v Labatt ~Contd.
Clark, Assn’e. v Downer Do.
Eilewine v Farree A. D. D.
Lynch, Assn’e v Ormsby _ Judgt.
Anderson v Girty Judgt.
Finn v Williams A. P. D.
Kendall v Brownfield contd.
Karr v Karr Judgt.
Gary v McCullock contd.
McCullum v Edwards Do.
Christy v Alexander Do.
Spear v McDoran Do.
Fitzgerrald v Reily Do.
Cox v Boling Do.
Halfpenny v Dennis’ Do.
Waddell, Assne. v Brown Do.
Ass’e. v Arnold Do.
Shaner v Ross’ Do.

v Plummer’ Do.
Flinder v Morshow Do.
Elliott v Small Do.

v Same Do.

v Sinnett Do.

Wm. Elliott v Winemiller Do.
Elliott &c. v D’Alton Do.

v Rogers Do.

v Frederick Do.

v Armstrong Do.

v Same _ Do.
Swearengen v Taylor Jugt.
Wells v. Gaughagan contd.
Ewalt, Ass’e. v Armstrong Do.
Brounfield v Hustage Do.
McMichael v French Do.

ei

)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Barker v Knight Do.
Tilton ass’e. v Bell Do
Brinkers Exrs. v Elvy
v Bruce
v Beeler
v Davis 7 WO.
v Spineer
v Moyer
v Vantrees
Hite v Postlewait
v Wilson \ Do.
v Carter
Harden, the younger v Myers contd.
Cook v Dobins_ Do.
Parkerson v Byrns_ Do.
Russel v Groghagan Do
Collins v Dobson )
Ass’e.v Clark f
Lyons v Buther &c_ Do.
Maddison, Jun. v Stirling Do.
McMahan v Prickett Do.
Taylor v Hanks Do.
Cox v McMahan Do.
Polke v Inks Do.
Miller v Armstrong Do.
Thomas v Lambert Do.
Knight v Plummer Do.
King v Hansell Do.
McCashlin v Evans Do.
Holms v Huston Do.
McCallister v Corn Do.
Decker v Wilson Do.

Do.

New Petitions.

Springer v Listnett dismd.
Isaac Springer v the same_ Do.
Stevenson v Nicholas contd.
Beeler v Burns’ Do.

Springer v Patrick Do.
McGaughan v White Do.

2
“

=~]

ANNALS OF THE CARNEGIE

Alias Capias.

Kincaid v Henderson

v Same.
McDonald v Slover
Hazle v McNew & ux
Laughlin v Brown
Caldwell v Thorn
Winebidle v Valentine
Pearse v Evans.
Labatt v Smith & ux.
Lintenburgher v Oldcraft
Lindsay v Hamilton

v Smith
Wills, minor v Blackstone.
McElwane v Witzle & ux
Valandigham v Walker.
Wagoner v Rape.
3arrackman v Woods.

v Harry.
Miller v Mitchel
Vv same

Harrison v Hall
Beans v Johnston,
Witzle v Crawford
Burns & Al. v Loutherback
Sumrull & al v Sumrall

MUSEUM.

Listnett, Minor v Springer. Agreed.

Schley v McKindley
Howe v Genoway
Smith v Gibson
Miller v Humble
Kearns v Logan
Springer v Waller
McMahan v Mathews
v Hanks

Pluries Caps.

Rigs v Corn
Caldwell v Mills
Campbell v Patterson

MINUTES OF CouRT OF YOHOGANIA COUNTY.

Cummins v Baggs
Caldwell v Wray
v ‘Thorn

Appearances.
Richards v Boley C. O.
Black v McCullum_ discontd.
Minor v Blazier A. C.
Beaver v Mayhall A. C.
McCormick v Hollis A. C.
Riggle v Dodd C. O.
Christie v Heath N. G. & I'd.
Admn. v Same_ Do.
Patterson v Tidball Spl. Bl. Impl.
Beaver, Ass’e. v Cook, Ex. Impl.
Norris v Vineyard & ux A. C.
Beeler, Sen. v Inks Impl.
Crawford v Hamilton Do.
B. I. Day v Dean Spl. BI.
Bruce v Hougland agreed.
Lyda v Richards A. C.
Elliott v McIntosh
v same i
Bradley v Boley C. O.
McGlaughlin v Woods A. C.
Winebiddle v Valentine P. Cap.
Curry v Wells CuO.
Ellis v Marshall & ux. A. C.
Boling v Dowlin A. by Retn.
veNors; AC.
Poe v) Tigare& A;C. A.C.
y same, A. °C.
Evans v Judy A. C.
vaSame, 9 A.C.
Brewer v Stacy. Discontd.
Bentley v Camp A. C.
we VIELE N.C
v.Eglin A. C.
v Warren A. C.

C2 Os Dept:

329

330 ANNALS OF THE CARNEGIE MUSEUM.

Brashears v Hamilton Dismd. p. Order.
McDowell v McComish Defendt. G. B. Issue.
Workman, Asse. v Saltsman A. C.

Springer v Rogers Agd.

McComish v Springer A. C.

Brice v same _ Do.

Henderson v Evans C. O.

Johnston v Springer A. C.
(154) Johnston'v Mills A.C.
Ritchie v Thornbery A. C.

Reno v Walker Do.

v Isaac Walker Do.
Clark v Parkerson Do.

v Boley Do.
Shuster v Lyda Agd.
Hufman v Leatherman A. C.
Innis v Sawins A. C.

Wisanler Ase,
Rogers v Murphy A. C.

v Maning A. C.
Swearingen v Dougherty A. C.
Kearsy v Springer Refered.
Collins v Vanater Agreed.
Williams, Ass’e, v Anderson A. C.
iiharp vaGray “A.C.

Tiryery Ritchie, A.C.
Murphy.v Jourdan A. C.

v same “A.C;
Brooks, Admr. v Roberts A. C.
Johnston v Stephens )

v same - discontd.
Read v same
Wrghtiv Hart’) A.C:
McCormick v Wilson A. C.
Munn v Crawford Do.
Cox v Anderson’ Contd.
Forester v Murphy C. O.
McLeland v Beeler A. C.
Froman v Boyce Boyce. Deft. G. R. Issues.

MINUTES OF COURT OF YOHOGANIA COUNTY. 331

McAdams v Devoir A. Eject.
Henderson v Johnston Discontd,
Steel v Hamilton Al Eject.
Hamilton v Brashear. Swearengen Deft. G. R. Issues.
Bond v Evins Al.
Valandigham v Walker A. C.
Norris v Embly &c. Do.
Whitesides v Girty C. O.
Singers v McCullock C. O.
Henderson v Johnston Discontd.
Shirley v Thompson C. O.
McLeland v Irwin. Irwin Deft. G. R. & Issue.
Madison v Barr. Deft. G. R. & Issue.
Hamilton v Norris. Jno. Norris Deft. G. R. & Issue.
Bruce v McMichael. Henry Heath Deft. G. R. & Issue.
Campbell v Thompson. Wm. Vance. Deft. contd.
Atkinson v Mathews C. O.
Smallman v Such C. O.
Brown & Brashers vy Hamilton A. C.
Grand Jury Presentmts

Commonwealth v Persons. ]

v Davis |

v Flem'ng

v Campbell |

v Lynn

v McDonald. |

v McMahan
v Christie
v Boling
v McKindley
v Roberts negro
v McAdams
v Ohara + contd.
v the Court discontd. |
v Hinch
v Caston
v Lindsay

v Mary Lindsay

v Pearci‘ull

332

(156)

(157)

the Acts of Assembly.

v Newkirk
v Carter.
v Hoagland

v Hull

v Williams

v Henry Hull
Recognizances.

Common Wealth v Smith

v Springer & u.

v Steel

v Black

v Listnett

v Beall

v Bradley

v Winemiller
v Chambers
v Duncan

v Davidson

v Listnett &c.

v McLean
v Ormsby
v Irwin

v Schley

v Hall &c
v Day

v Brawdy
v Dean

v Carr &c.
v Ross &e.
v Little &c

ANNALS OF THE CARNEGIE MUSEUM.

contd.

J

Ordered that Benja. Vanater be allowed L 200 for his Ex-
pence & Services in going to Wms.burg for Shfs. Commission
and other necessaries for the use of the Co’t, to be paid out of
depositum in the Shfs. hands if so much remain and if not the
bal. to be Levied at the laying of the next Co’ty Levy.

Isaac Taylor is allowed twenty two Dollars for bringing up
Ordered that the Shff be directed to

Ordered that this Court be adjourned till Court in Course.

RICHARD YEATES.

(158)

MINUTES OF COURT OF YOHOGANIA COUNTY. 333

At a Court continued and held for Yohogania County April
26" 5779:

Present John Cannon, Joshua Wright Isaac Cox Benjaman
Kuykendall Gent. Justices.

‘Two Deed Poll John Miller to Peter Casnor. Ackd. & O. R.

Deed Poll Nevill to Pentecost. Ackd. & O. R.

luther Colvin is appointed Surveyor of the Road from
Pigeon Creek into the Road Leading from Perkerson to Zebu-
land Colvinings.

Joseph Beckett Gent. Present.

Ordered that Isaac Cox Gent pay to the Clerk his propor-
tion of the money arising from the Sale of the Cards Sent to
this Co’ty. for the use of the Soldiers wives and that he trans-
mit it by the first opportunity to the Treasury.

Administration of the Estate of Jacob Shadaker. decd. is
granted Ezekiel Painther he having comply’d with the Law.

Ordered that Bazil Brown Otho Brashears Andrew Lynn &
Thos. Brown be appointed to appraise the above Est.

Ordered that Court be adjourned till Tomorrow g OClock.

JoHN CANON,

Court met according to adjournment April 27th, 1779.

Present Edward Ward William Gowe Oliver Miller Joshua
Wright John Canon Gent. Justices.

Deed Poll Froman to Pentecost. Ackd & O. R.

On Motion of Wm. Vance Ordered that his mark crop &
slit in the left Ear and Slit in the Right with his Brand W. V.
be Recorded.

Assignt. of a Warrant for 50 acres of Land Peter McCartney
to John Campbell Esq. prov’d by Edwd. Ward and Andrew
Heath two of the subscribing Witnesses thereto. Ord’d to lye
for further proof.

George McCormick Sworn Shff for one month.

Deed G. Crohan to Edwd. Milne with the probat thereto
annexed admitted to Record.

John Dousman Sworn D. Shff. for one month.

View of a Road from Fromans Mill into the Road leading
from Pentecost’s Mills to the Court House retd. and O. R.

Wd
(Su)
NG

(159)

(160)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that Hugh Brodie be appointed Surveyor of the
said Road and that the Tithables within three miles do cut
open & keep sd. Road in repair.

Ordered that William Dawlin an Infant be Bound to Danl.
Thompson untill he arrives at the age of twenty one years and
that the sd. Danl. teach the said Orphan or cause him to be
taught to read the Engl. language and teach him the Art and
mystery of Farming, and also teach him or cause him to be
taught Arithmetic as far as the Rule of 3.

Richd. Swartick v Jacob Jones. discontd.

On the Petn. of Andrew Heath and others Ordered that
Thos. Applegate Richd. Sparkes Jas. & Walker Wall or any
three of them do view a Road from Wm. Andersons to Thos.
Applegates and make retn. to next Court.

Ordered that Richd. Sparks Jas Wall & Walter Wall & An-
drew Pearse Jun. do view a Road from the new store on Mo-
nongehala to the dividing Ridge Road near Jas. Wilsons &
leading to Colo. Cooks.

Benjaman Kuykendal & Joseph Becket. G. P.

Patrick Clark v Thos. Perkerson. John Simon. 5S. BI.

Zadock Wright v Elzat Hart. John Johnston 5S. BI.

Inventory of Abraham Vaughan returned & Ordered to be

Recorded.

John Lyda v Mordecai Richards. Enoch Springer 5S. BI.

Jacob Bousman being appointed by an Act of Assembly to
keep a Ferry from his Lands over the River Monongehala to
the opposite Shore, and whereas the sd Jacob at the last May
Court entered into a recog’ze. instead of bond, Ordered that
sd Recog.ce. be set aside and that the said Jacob continue
to keep the said Ferry agreable to said act, and enter into
Bond accord’g. to Law at the Next Court.

John James Wood sworn D. Shff. for one month.

Ordered that Hannah Frazier Orphan of John Frazer be
bound to Wm. Anderson according to Law, and that she be
taught to read the English language and also the Art & mys-
tery of a Mantua Maker.

Jacob Shilling v Henry Newkirk.

Then came a Jury towit: Andrew Heath John Johnston
Wm. Anderson Mordecai Richards Thos Hamilton John Guth-

(161)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 335

ridge, Henry Hougland Andrew Vaughan Jas. Bruce John
White James Patterson Andrew Powe.

Articles between Elijah Hart and Elenor Frazier Ackd.
O. R.

Elizabeth Devior widow of Jas. Devoir came into Court and
refused the provision made for her by her said husbands Will.

Articles between Elenor Frather Dinah Anderson Ackd.
Oo Rs.

Deed pool James Bruce to Wm. Marshall A’d. O. R.

Inventory and Sale of Lemin Davis’s Est. retnd. & O. R.

Jas. Innis, Henry Taylor, James Scott on Millers Run, John
Reed, of Millers Run, Wm. Campbell, Jas. Eager, Wm. Mc-
Comes, John Duglass, William Bruce, James Marshall, Wm.
Parker, & Hezekiah Magruder are recommended to his Ex-
cellency the Governor as proper persons to be added to the
Commission of the Piece.

James Boyace v Paul Froman. Id. & Ord. Survey.

Laughlin v Hogland Order Survey.

Ordered that Court be adjourned untill Tomorrow Morning
g OClock.

JouHn Canon.

Court met according to adjournment

Pres’t. Benja. Kuykendall, Oliver Miller, Benja. Fry, Joseph
Beckett, Gent Justices. Joshua Wright, Gent. Pres’t.

Issues to April Court 1779.

Joseph Cox v John Williams &c.

John Lyd v Joseph Cox

Joseph Wherry v John White Sen.

Abraham Miller v Mich’l. Humble.

|
Pentecost v Jones &c. Judgt.
Johnston v Swearengen |
3rownlee v Douglas |
Shilling v Newkirk |
Same v Same
Myers v Hooper
Mitchel v same |
Shilling v Fortner |
Hooper v Myers

3936

(162)

ANNALS OF THE CARNEGIE MUSEUM.

Hoper
Fullum
Springer
Spear

Spear
Bousman
Ward

Ward
Pentecost
Same

Shilling
Hawkins, Ass’e.
Same

Eaton

Same

Bond

Same

Brodie, Ass’e.
Grub
Vallaudigham
Ward

Beeler

Cook

Same

Same, Ass’e.
McManomy
Semple
Holladay Ass’e.
Beall &c
Same
Hamilton, Asse.
Nevill

Cresop
Campbell
Fullum

Same

Same
Andrew

-v Finn

v G. Myers

v Thomas &c.
v Johnston.

v Keéarsy.

v Jones.

v Winemiller.
v McGoldrick
v Thorn

v Thorn

v Lynn

v Briscoe

v Taylor.

v Clarke

v Kuykendall
v Kennon

v McCleland.
v Mordicai

v Same

v French.

v Dowlin

v Tyart

v Thorn &c

v Wells

v Froman |
v Shilling

v McConnell
v Robertson
v McKinzie

v Hawkins

v McMahan

v Dunfield

v Gist

v Swearengen.

v Bell

v Johnston &c.
v Same

v McComish

v Johnston, &c.

U

|
| contd.

Se SS

contd.

(163)

MINUTES OF COURT OF YOHOGANIA COUNTY.

v the same

Decker v Ruth |
Clarke v Again |
Heath v Bruce |
Burris v ‘Trapman J

Common Orders.
Washington v Martin S eles Esarsall,; Deft.
\ G. R. Issue. I'd.
Vance v McNew Judgt. W E.
Caldwell v Fry &c. N. G. w. leave. Issue.
Henderson v Kincaid discontd.
v Johnston Ord’d. Redocketed.
Morrison v Vannater’ contd.
v Benja Vannater. contd.
Bouseman v McGoldrick contd.
Hollady v Jones O. to be recdock’d.
Froman v Dean — Judgt. W. E.
Croghan vy McConnel }
v Elrod |
v Davidson
v Royall |
v Keizer
v Conner |
» Grant |
Gibson |
J

discontd.

V
Vv
v Hunter
v Whitsel
v Ross
v Thompson
v McCartney
Ramage
Wm. & Benja Elliotts v Collins discontd.
Crogan v Ross
v Springer {
v Henry Do.
Hawkins, Ass’e. vy Hanks Judgt. W. E.
v Zane Judgt. W. E.
Richards v Bowley Do.
Richards vy Dodds_ Do.

aA
.

discontd.

507

338

(164)

ANNALS OF THE CARNEGIE MUSEUM.

Elliott v McIntosh
v same f

contd.

Bradley v Boleye contd.

Curry v Wells Impl.

Henderson v Evans | a: contd.

v same

Forrester v Murphy Judgt. Ex.

Singers v McCullock Judgt. Issue. Ex.

Shirley v ‘Thompson Contd.

Atkerson v Mathews Do.

Smallman v Such contd.

Whitesides v Girty Judgt. W. E.
Writs of Enquiry.

Hawkins v Wheat
Nelson v Shilling
Shilling v Nelson
Spivy v Beeler Judgt. L. 135, ©5
McElroy v Templin
v same
Hand v Whitaker
Boley v Springer
v Jno. Springer
v same
Ward v Wells
Cox v Williams
Vance v Williams
Ralston v Lowry
Henry v Sloan
Fry v Felton
v same
White v Johston -
Swigart v Murphy
Brashears, Admr. v Brashears
Noble v Key

Alias Cap.
McCormick v Hollis P. C.
Norris v Vineyard & ux P. C.
Lyda v Richards Spl. Bl. Dist’d by Agmt.
McGlaughlin v Woods P. ©.

nn

contd.

~
—

(165)

MINUTES OF COURT OF YOHOGANIA COUNTY. 339

Fife, Sen. v Tigart P.
vsame &c P.
Evans v Judy |

Pac.
vsame j
Bentley v Camp __)
v Vititoe
Jes Ge

v Englin |
v Warren
Workman, Ass’e. v Warren C. O.
Johnston v Springer P. C.
Johnston v Mills
Ritchie v Thornburg
Reno v Walker

v Isaac Walker j
Clarke v Parkerson. Spl. Bl. Ind. N. D. Judgt. W. E.

v Boley
Hufman v ene Benes
Williams Ass’e. v Anderson Impl.
Tharp v Gray discontd.
Fry v Ritchie Agreed.
Murphy v Jourdan
v same ana:
Brooks, Admr. v Roberts
Wright v Hart Spl. Bl. Implr.
McCormick v Wilson t PC
Munn v Crawford J $1
McCleland v Beeler Implr. P. B.
Norris v Embly P. C.
Ross v Manning )
Boling v Norris {
Beavers v Mayhall discontd. N. Ap.
Minor, Ass’e. v_ Blaz
Brien v Springer
McComish v same
Henderson v Evans
Molton v Seaburn C. O.
McAdams v Devoir. Andrew Devoir, Deft. C. R. &
Issue.

Steel vy Hamilton P. C.

en ess

P.-C.

PC.

340

(166)

(167)

ANNALS OF THE CARNEGIE MUSEUM.

Pleuries Cap’s.

McMahan v Hanks
v Mathews
Kearns v Logan Pac.
Miller v Humble
Springer v Walker

Smith
Howe
Schley
Sumral
Burns
Whitsel
Beans
Harrison
Miller

Barrackman

Wagoner
Vallandigham
McElwain
Wells, a minor
Lindsay

Lentenburgher
Labat

Pearce
Winebiddle
Laughlin
Hazle
McDonald
Caldwell

v Gibson, Colo.

v Genoway

v McKindley
Vv Sumral

v Loutherback
v Crawford
v Johnston

v Hall

v Mitchel

v same

v Harry

v Woods

v Rape. agreed.

v Walker

v Whitsel & ux.
v Blackstone
v Smith

v Hamilton
v Holdcroft
v Smith

v Evans

v Valentine
v Brown

v McNew

v Slover

v Thorn

Kincaid v Henderson
v the same

Riggs v Corn

Caldwell v Mills es

Campbell v Patterson
Cummins v Baggs
Caldwell v Wray

y

=

SE

(168)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Appearances,
Innis v Sawins C. O. \
visame C. O.
Rogers v Murphy A. 2
v Manning A. C.
Swearingen v Dougherty A. C.
Boyer v Froman_ Impl.
Mooney v Records Impl.
Gibson v Meek A. C.
Bromfield v Astergus No. Int, discontd.
Gist, Asse. v Alexander A. C.
McGlaughlin v Piggot A. C.
McCoy v Rearden agreed.
Caldwell v Tigart’ A. C.
Ward v Phelps A. C.
Allen v Boner A. C.
Hall'y Lynch, A.C.
v Fossett A. C
Hall v Shearrer A. C.
vy Hatfield A. C.
Protsman v Hill C. O.
Heath v Stokes A. C.
Chambers v Wallace A. C.

not to be sent.

Campbell v McKee. Ordered Sp. be published & G’d.

McCrory v McCrory discontd.

Innis v Scott. Hugh Scott, deft. O. R. & Issue.

Hughes v McElry A. C.
Waller v Hatfield Agd.
Williams v Carter

v Brotsman

v Stocker

v Stone

contd.

Brady v Williams. Jno. Wms. Deft. O. R. Issue.

Hamilton v Swearengen A. C.
McMahan v Tumbleston A. C.
Campbell &c v Ward &c A. C.
Boyer v Froman

v Froman |

v Graham & ux |

341

342

(169)

ANNALS OF THE CARNEGIE MUSEUM.

Vos uite | Implr.
v same
v same |
v same |
v Atkins J

Gist v Cornwall A. C.

Boyce v Froman Implr.

Saml. Brewer v Peter Macy A. C.

Prottsman v Hill Implr.

Power of Atto. Jacob Shilling to Geo. McCormick ackd.
and O. R.

Ordered that James Gray be sum’d. to answer the informa
tion of the States Atto. for ferrying over the River Mononge-
hala & rec’d. 3 S. for the same cont’y to Law the following per-
son at the following times..

Joseph Skelton & one horse March 27th, 1779.

James Bevard at the same time.

Danl. McClintock & one horse. 29th March 1779. 29
Pack Horses 27th March and took Rec’t. for the same of David
Kennedy. H. M.

Richd. Sparks & one horse 27th March.

Kuykendall v Hawkins N. G. & I'd.

Ordered that the Shff. Summon a Grand Jury.

John Gowe is appointed Const. in the room of John James
Wood.

Andrew Pearce Jun. appointed Constl. Ord’d. that he take
the Oath according to Law.

Ordered that Court be adj’d. til] Court in course.

BrEenjJA. KUYKENDALL.

At a Court Continued and held for Yohogania County May
24th, 1770.

Present Isaac Cox, William Gow, Joseph Beeler, Joseph
Beckett.

George McCormick Sworn Shff.

Benjamin Vannater & John James Wood Sworn Deputy
Sheriffs.

Andrew Scott Sworn Atto. at Law.

Deed Poll Dorsey Pentecost to Benjamin Mills two lots of
Ground in the Town Louisburg, Ackd. O. R.

(171)

MINUTES OF COURT OF YOHOGANIA COUNTY. 343

Deed Dorsey Pentecost to Jno. Canon Saml. McCullough
Andrew Robinson & Ebenezer Zane Ackd. & O. R.

Deed James Astergus to Morgan Deshay proved by Nicholas
Depue one of the subscribing Wit’s. Ordered to ly for fur-
ther proof.

Ordered that Danl. Applegate James Colvin, Hugh Braady
& Joseph Lemin do view the most convenient way for a Road
from Andrew Dye’s to the Monongehala opposite the mouth
of Mingo Creek, from thence to Fromans Mill, and make
rept. &c.

Joseph Kilpatrick is recommended as a proper person to
act as Ensign of the Militia.

Edwd. Ward and Benjamin Kuykendall Gent. present.

Power of Atto. Paul Froman to John McGee prov’d. by
Isaac Cox and Benjamin Vannater & O. R.

Robert Johnston took the oath of allegiance & fidelity as
prescribed by Law.

Two deeds Patrick Jourdan to John Fife proved by Dorsey
Pentecost and Ralph Bowker two of the Wit’s. Ordered to
ly for further proof.

Isaac Cox Gent. is allowed ten P. c’t. as Adm. of the Est
of Saml. Richardson decd. on the amt. of the value of sd. Est.

Saml. Newel Gent. Prest.

Ordered that George Depue orphan of John Depue be bound
to John Kincaid until he arrives to the age of twenty one years
and that the said John Kincaid do teach or cause him to be
taught to read the Bible, write and Cyphert he five Common
Rules of Arithmetic.

Ordered that William Depue Orphan of John Depue be
bound to John Read according to Law and that the sd. Jno.
Read do teach or cause him to be taught to read & write and
to cypher the five Common rules of Arithmetic.

Ordered that John Depue orphan of Jno. Depue be bound
to Wm. Read according to Law and that the sd. Wm. do teach
him or cause to be taught to read the Bible write and to cypher
the five common Rules of Arithmetick.

Vincent Colvin took the Oath of Allegiance and fidelity as
prescribed by Law.

William Rankin took the oath of allegiance and fidelity ac-
cording to Law.

344

(17

nN
~—

(785)

ANNALS OF THE CARNEGIE MUSEUM.

Then came a Grand Jury (towit) Charles Morgan Joseph
Brown Jno. White Nicholas Dawson Richd. Boyce James Pat-
terson David Ritchie Sampson Beavers Isaac Vance Nathl.
Brown John Embly Wm. Renkins Vincent Colvin Sheshbazzer
Bentley Michael Tigart Samuel Dunn Josiah Crawford Andrew
Vaughan & Robt. Ramsay.

Two Indentures Conrod Wrightner to John & Margt. Read
prov’'d & O. R.

Licence is granted to Francis Morrison to keep an Ordinary
at his house he having complied with the Law.

Present Richd. Yeates Gent.

Licence is granted to James McGaldrick he to keep an Or-
dinary at his house he having complied with the Law.

On the motion of Nicholas Pease setting forth that he is
desirous of erecting a Gristmill On Shirtees Creek on which
he has lands on both sides but that he cannot do it without
condemning an Acre the property of Joseph Edginton & Isaac
Kenny, Ordered that the Sheriff do summon a Jury to attend
on the premises to lay of and value the sd. Acre of Land and
make their report to next Court.

Francis Morrison Sworn Lt. of the Militia. Com". Read.

Ordered that the Road from Thomas Applegates to Will’m.
Andersons as returned by the viewers keeping along as the road
is already opened, be confirmed. Thomas Applegate is ap-
pointed overseer of sd. Road and that the Tithables within
three miles do cut open and keep sd. Road in repair.

Nichs. Depue v Duncan Hardin, Atta. prov’d. Judgt. &
O. Sale.

Ordered that the wives of Greenbury Shous, Lem’]. Davis
and John Depue poor soldiers in the Continental Service be
allowed twelve pounds each.

Ordered that Matthew Hindman’s two children a soldier in
the Continental Service be allowed twenty Shill’s p. month
each to commence from the first day of March last past and to
be cont’d until March next.

Ordered that Eliza. Davis wife of Jonathan Davis a soldier
in the Cont. Service be allowed eighteen pounds.

Ordered that Court be adjourned till tomorrow 8 OClock.
Epwp: WarD

—_ — = -~—_ ee

(174)

MINUTES OF COURT OF YOHOGANIA COUNTY. 345

Court met according to adjournment May 25th, 1779.

Present Edward Ward Richard Yeates Benjaman Frye
Benjaman Kuykendall, Isaac Cox Thomas Smallman Oliver
Miller Gentlemen Justices

Licence is granted to Willis Persons to keep an Ordinary at
his house he having complied with the Law.

Licence is granted to James Fleming to keep an Ordinary at
his house he having complied with the Law.

Present Sam’]. Newell & Joseph Beckett, Gent.

Abst. Thos Smallman. Prest. Joseph Beeler Gent.

Elizabeth Henry )}

v '

Sloan | Wm. Long undertook for the Defend-
ant that the Plt. should not be removed out of the County or
sold untill the trial of this Cause.

Ordered that a ferry be kept on the opposite side of the
River from Fort Pitt to Jacob Bousmans and that Jacob Bous-
man is appointed to keep the same he giving Bond with
Security according to Act of Assembly, and that he keep one
hand and Boat at his own House and a Boat and one hand on
the Pittsburgh Side constantly to attend and that in four
months from this Date he has a third Boat built and ready to
attend on either Side of the River.

Deed Ignace Labat to Jas. Chambers proved by Henry
Heth & Jacob Bousman two of the Subscribing Wit’s. Or-
dered to lie for further proof.

Ordered that Samuel Newell be appointed to keep a ferry
over the River Monongehala from the new store to the opposite
Shore and that he keep one good Boat with Sufficient hands to
work her and that he give Bond with Security according to
Law at the next Court.

Present Thos. Smallman Gent.

Wm. Henry Spears v Joseph Jones. ‘Then came a Jury
towit. Gabl. Cox John Decker Wm. Long Benja. Collins
John Crow Henry Hougland Uriah Johnston Andrew Devoir
James Wright John Springer Joseph Wherry Jno. Wall. Judgt.
for Plaintiff nine hundred pounds damages.

And’w. Pearce Thomas Applegate and Andrew Dye his
Security entered into Recog’ze. sd..Pearce in one thous’d.

(175)

(176)

ANNALS OF THE CARNEGIE MUSEUM.

pounds and his Securities in five hundred pounds each for his
appearance at the next Court.
Thomas Crooks Sworn Capt. of the Militia. Com. read.
Michael Tegart sworn Lt. of Militia. Comn. Read.
Deed Saml. McAdams to Dorsey Pentecost Ackd. & O. R.
Deed Danl. Byers & David Miller to Dorsey Pentecost.
Ackd. & O. R.
Deed Jas. Miller to Dorsey Pentecost Ackd. & O. R.
Deed Thomas Miller to Dorsey Pentecost Ackd. & O. R.

Saml. McAdams Sworn Lieutenant of the Militia. Com.

Read.
Ordered that Andrew Devoir be appointed Surveyor of the

Road lead’g from the Ct. House to Pentecosts Mill from the
top of the Ridge between the waters of Peters Creek and
Shirtee opposite to the house of Henry Johnston.

Inventory of the Est. of Jas. Louden ret’d. & O. R.

Ordered that Jno. Decker Vincent Colvin Joseph Perkinson
and Joseph Beckett or any three of them being first Sworn do
lay of and assign unto Eliz*. Devoir widow & Relict of James
Devoir decd. her dower in the Lands Slaves & Personal Est.
whereof James Devoir decd. died seized and make report to
next Court.

Deed Moses Holladay to Saml. Irwin’ Ackd. & O. R.

Elizabeth Burris v Naomi Trapman. ‘Then came a Jury
towit. William Price David Andrews Mordecai Richards
Hugh Sterling Abraham Miller Richard Crooks Henry Miller
William Crow Richard Vaughan Bazil Brown Thomas Lapsley
& Robert Lowdon. Verd’t. & Judgt for Plaintiff.

Mich’l. Tygert & Christopher McDonald being bound in
Recog. appeared. Ord. to be Discharged.

Jacob Long sworn Ensign of the Militia. Com. Read.

Joseph Beeler v Benja. Wills. Then came a Jury (towit)
Thomas Bond Samuel M‘Adams Samuel Devoir Nicholas
Christ John Johnston And’w. Dye Henry Spears John Bradley
Nathl. Blackmore Wm. Fry John Hougland & Jacob Long.
Ve't: for Plt. .15'33.16 Debt one penny:

John Spivy v Samuel Beeler. Then came a Jury (towit)
Gabl. Cox John Decker William Long Benjamin Collins John
Crowe Henry Hougland Uriah Johnston Andrew Devoir

aA

el

MINUTES OF CouRT OF YOHOGANIA COUNTY. 347
James Wright Jno. Springer Joseph Wherry & John Wall.
Verdt. & Judgt. for Plt. L. 135.15. Issue Ex".

John Springer v Thos. Waller, referred to Geo. Vallandig-
ham John McDonald Joshua Wright Jno. Canon Henry Taylor.

Ordered that Lemuel Davis and John Davis orphans of Lem-
uel Davis be bound to Isaac Cox according to law, the sd.
Isaac Cox to teach or cause them to be taught to read write
Cypher the five Com. Rules of Arithmetic.

Deed Patrick McCarmick to Moses Andrews proved Joseph
Brown & Thos. Bond. Ord. to ly for further proof

The Grand Jury having found several Bills of Indt. ordered
that the Persons be summoned.

Charles Richards v Jno. Boley. Michl Tigert Spl. BI.

Assigm’t. Bill of Sale Sampson Beavers to Antho. Dun-
lavy. Ackd. & O. R. ,

Ordered that Court be adjourned till tomorrow 8 OClock.

Epwp. WarbD.

Court met according to adjournment May 26th, 1779.

Present Edward Ward Isaac Cox Jno. Stevenson William
Harrison Joseph Beeler William Crawford Gentlemen Justices.

Edward Ward Isaac Cox John Stevenson Willian Harrison,
William Crawford & Joseph Beeler Gent: took the Oath of
Justices in Chancery.

Richie v Hall. Atta. Judgt. & P. S.

On the motion of Bazil Brown setting forth that he is de-
sirous of erecting a Gristmill on Big Redstone Creek, Ordered
that the Shff. do Summon twelve men of his vicinage to at-
tend on the premises to lay of and value one Acre of Land on
the opposite side of his Land, and value the damage done to
the party holding the same, and make return to the next Court.

Joseph Kirkpatrick Sworn Ensign. Com. Read.

Joseph Beeler Jun. is recommended to his Excell’ y the Gov-
ernor as a proper person to serve as Ensign of the Militia.

Hooper v Thomas. Then came a Jury (towit) David
Ritchie Henry Miller David Day Gab’l. Walker Isaac Walker
John Crow David Andrew Abraham Miller Peter Rittenhouse
Paul Humble Tobias Decker & Hugh Brodie, Verd’ct for
plaintiff. Judgmt. for L 80. John Berry Mary Perry & Su-
sanna Perry. 4 days attendance in above suit.

348

Gs)

(179)

(180)

ANNALS OF THE CARNEGIE MUSEUM.

Tobias Decker took the Oath of Allegiance and fidelity ac-
cording to Law.

Prest. Saml. Newell & Benja. Fry Gent.

Absent Edwd. Ward Gent.

Jane Perry being bound in Recognizance appeared agreeable
thereto and under protestation of Innocence Submits herself to
the Court. On hear’g the Testimony ordered that the Deft.
be fined five pounds.

Uriah Johnston Took Oath of Allegience and Fidelity.

Deed Saml. Stockwell to Ezekiel Hopkins Ack’d. & O. R.

Benjaman Frye Gentleman Took the oath of Justice in
Chancery.

Com. Wealth v Hugh Brodie. N. G & I. Join. & a Jury
(towit ) Gabl. Cox David Ritchie Henry Miller Gabriel Walker
Isaac Walker John Crow David Andrew Abraham Miller
Peter Rittenhouse Paul Humble Tobias Decker John Deane.
Verdi’t. Def’d. not Guilty.

Jane Ferrel held in L 50 and Joseph Skelton & Saml Irwin
in L 25 each conditioned for her keeping the Peace towards
the good People of the C. W. & peticular to Eli Collins till
next Court.

Paul Matthews sworn Goaylor.

George McCormick Gent. protests agt. the Sufficiency of the
Goal.

On the motion of Mary Lypolt the wife of George Lypolt,
by her attorney, Seting forth that she cannot live with her
Husband an acct. of Ill Treatment, Ordered that the said
George Lypolt be summoned to appear at the next Court to
show cause if any why part of his Estate should not be applied
for her seperate maintainence.

Campbell v Ward, Bousman & McGoldrick, Injun. Ordered
that the Common Wealth Writ of Injunct. do Issue ag. the
Defendants comm’g to stay Waste.

Ordered that Court be adjourned till tomorrow 8 O’Clock.

Isaac Cox.

At a Court Continued and held for Yohogania County, May
27th, 17710;

Present Edward Ward William Crawford Benjaman Frye
William Harrison John Stephenson John Cannon Gent Present.

(181)

MINUTES OF COURT OF YOHOGANIA COUNTY.

Pluries Caps.

McCormick VelLollism des: G:

Norris v Vineyard & Ux Impl.
McGlaughlin v Woods P. C.
Pife Sen }).v Tigart: Sp... Bl.
v the same Spl. Bl. Jno. Boley.
Evans v Judy agreed.
v the same agreed

Bentley v Camp agreed.

¥ Vititor: (B.C

v Englin Impl.
Workman, Asse v Saltsman P. C.
Johnston v Springer C. O.
Johnston v Mills’ C. O.
Ritchie v Thornbury P. C.
Reno v Walker P. C.

vy Walker P.-C. F

Clark v Bowley Impl.
Hufman v Leatherman Impl.
Fry v Ritchie agreed.
Murphy v Jourdan Abates by retn
Brooks, Adm. v Roberts Impl.
McCormick v Wilson agreed.
Munn v Crawford Impl.
Norris v Embly PP. C.
Ross v Manning PP. C.
Boling v Norris Impl.
Minor, Asse. v Blazier P. C.
Brier v Springer Agreed & Settled.
McComish v Springer P. C.
Henderson v Evans P. C.
Steel v Hamilton P. C.
McMahan v Hanks P. C.
Kearns v Logan. P. C.
Miller y Humble Impl.
Springer v Waller referred.
Smith v Gibson P. C.
New v Genoway P. C.
Schley v McKindley discd.

349

(182)

ANNALS OF THE CARNEGIE MUSEUM.

Sumral v Sumral &c agreed.
Burns v Loutherback P. C.
Whitzel v Crawford P. C.
Beans v Johnston P. C.
Harrison vHall P.9C.
MillerveMitchel Pi.
Vadlinersames 2h C-
Barrackman v Harry P. C.
VeROss; Ps ©.
Vallandigham v Walker P. C.
McElwaine v Whitzel & ux. dis’d. n. ap.
Wills v Blackstone P. C.
Lindsay v Smith P. C.
vy iamilton abc:
Lintenberger v Holdcroft P. C.
Wabat-v.omith oR:
Pearce v Evans P. C.
Winebiddle v Valentine agreed.
Laughlin v Brown P. C.
Hazle v McNew Abates by Pt. Marriage.
McDonald v Slover P. C.
Caldwell v Thorn P. C.
Kincaid v Henderson &c. P.-C.
ve Ube sainexccers eC.
Riggs v Corn discontd.
Caldwell v Mills P. C.
Campbelliv Pattersons oP: 2C.
Cummins v Baggs P. C.
Caldwell vy Wray P. C.
Vv sihotn. 2s;
Wagoner v Rape agreed.

Alias Caps.
Gibson v Meek PP. C.
Gist, Asse. v Alexander P. C.
McGlaughlin v Piggot P. C.
Caldwell v Walgomot &c_ C. O.
Curry v Wills’ C. O.
Ward v Phelps Impl.

Pe

(183)

MINUTES OF CoURT OF YOHOGANIA COUNTY.

U. States v Matthew Boner discontd.
Ea Lynch? Py C:

Webossetts PoC.

v Shearer P. C.

v Hatfield P. C.
Heath v Stokes P. C.
Chambers v Wallace P. C.
Gist v Cornwall Jr. P. C.
Forrester v Murphy P. C.
Mitchel v Pelton P. C.
Spears v Johnston Settled. Shff.
Waller v Springer C. O.
Miller v Pelton iP. 'C-

Appearances.

Nevilliv Black. C. O:

v Thompson C. O,

v tharpy.€21O:
Stitt ux v Williams A. C.
Crowe. Pearse ~ A.C.
Henderson v Douglas A. C.
Wilson v Lynch &c A. C.
Evans v Russell AC.
Stewart v Crawford G.R. Issue.

v Harrison Do.
Shilling v Hinch AC.
Casner v McIntire A C
Innis v Spencer AC

Asse. v Hougland C. O.

Gilliland vy Lynn Impl.
Shilling v Newkirk Impl.
Pentecost v Jones C. O,
Boley v Jourdan Abates by retn.
Stocker v Acklin A. C.
Day v Stanbury C. O.
Cook v Mayes A. C.
Bay v Jackson A. C.
Alexander v Steen AC.
Dunagan v Boyce Impl.

S02 ANNALS OF THE CARNEGIE MUSEUM.

Riddeck v Ross A C.
Wright v Beavers A C.
Mitchel v Boley A C.
McCollister v Corn Impl.
McGruders v Lynn. A. C. discontd. Plt. Cost.
Hamilton v Swearengen C. O.
Campbel v Ward &c. G.R. Issue.
Bond v Ervin AC
Waller v Hatfield AC
(184) |McDowell.v McComish AC
Boley v Or. disd.
Hughes v McElry AC
McMahan v Tumbleston A C
Henderson v Johnston CO
Ellis v Marshall A C
Brown & Brashears v Hamilton A C
Holladay v Matthews C. O.
Riggle v Dye. Andrew Pearce Spl. Bl. Judgt. by N. Dicit
& W. E.
Embly v Crowe Impl.
Reed v Springer ~C.. 0:
Hougland v Lock discontd. no appear.
Boley v Manning A. C.
ve Ehetsames An
Penticost v Stephens discontd.
Brewer & ux v Stacey AC
Craven'v Pearce sen.’ “A €
Cook v Beckett AC
Smallman v Guffee agreed.
Speats v beckett Ex. ie. AcC
Dye v Allen Tharp A C
Nicholas v Conn A C
Johnston v Alentharp A.
Matthews v Ellis A.
Nicholas v Day. Moses Holladay Sp. Bl. Impl.

(185) Chancery.
Crisop v Shearer B & Time
Simon v McKee &c. contd till publication.
Wills v Rearden contd.

(186)

(187)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 353

Sci: Fac.

Lapsley v Read Oyer.

Brashears v Hamilton. Surrender of the Principal & I'd.

Baz’l. Brown v The same_ Do.

Ordered that Thomas Gist Thomas Warren Jno. Irwin of
Pittsburg Matthew Richie & Dorsey Pentecost be appointed
Comrs. agreeable to Act of Assembly as Judges of Counterfeit
Money.

Ordered that John Allen Tharp & wife be sum’d. to appear
at next Court to show cause if any why Elinor Humble orphan
of Martin Humble should not be bound to Susanna Johnston,
and the meantime the sd. Orphan remain with the sd. Johnston.

Henry Morrison v Benjamin Vannater. G. R. Issue.

George McCormick took the Oath of Allegience and fidelity
as prescribed by Law.

Ralph Bowker took the Oath of Allegience and Fidelity.

Dorsey Pentecost Sworn Judge of Counterfeit money agree-
able to Act of Assembly.

Day v Wilson Petn. C. O.

Present Joseph Beeler & Joseph Beckett Gent.

Ordered that Thos. Tounsley an Orphan be contd. with
Gabl. Walker agreeable to a former Order.

Ordered that Eve Sheek wife of a poor Soldier be allow L
18 for support of her self & two Children.

Order that the wife Abraham Ritchie be allowed be allowed
the same that she was the last year to commence from the end
of the last years allowance.

Wm. Downs being Sworna Juryman on the Issue Join’d
between John Decker Plaintiff and Davis Ruth Deft. absconded
the Jury without bringing a Verdict. Ordered that he be fined
twenty pounds.

Ordered that Court be adjourned till Court in Course.

Epwp. WARD.

At a Court Continued and held for Yohogania County June
the 28th, 1779.

Present William Goe Olliver Miller Joshua Wright Benjamin
Kuykendall, Gentlemen Justices.

William Murley being recommended to his Excellency the

o2
O1
Ts

(188 )

ANNALS OF THE CARNEGIE MUSEUM.

Governor as a proper person Ordered that he be appointed to
serve as Lt. of the Militia in this Cot’y.

John Vannater appointed to serve as Ensign in the Militia
for this County.

Present Samuel Newell Gentleman. Appraisement of the
Estate Devoir decd retnd. by the Exr. and O. R.

Holladay v Brodie lef to the award of Wm. Marshall Jere-
miah Johnston John Lemen & Wm. Anderson and their deter-
mination to be the award of this Court. Verd’t. and Judgt.
fOr pit. Mins “15s:

James Campbell sum’d. as a Grand Juryman and failing to
appear on hearing his objections Ordered that the Sum’s. be
set aside.

Present Edward Ward Gent.

Charles Records appointed Surveyor of the Road whereof
Andrew Devoir was formerly appointed.

Kinkead v Henderson. Saml. - Spl. BL.

Ordered that Thomas Tounsley Orphan lately an apprentice
to Isaac Walker be bound to Wm. Wm. Lee who is to teach
him the Art and mystery of a blacksmith and also to teach or
cause him to be taught to Read Write and Cypher the five

common rules of Arithmetic.

Day v Wilson. In Petn. dism’d.

John Reed being served with a Scire fac’s. at the suit of Mar-
tha Lapsley, for a Judgment obtained against him by the said
Martha ona declaration of Ejectment In May 1775, came into
Court produced Mr. Benja. Kuykendall as Evidence that he had
fee’d an Atto. and that he neglecting his duty the first Court
Judgt. was obtained against him, unpresidented the Court are
of oppinion that the matter in dispute be deferred till the
next September Court and that the parties attend With their
Wit’s. at that time to have a decisive hearing.

Inquisition held on the Body of —a Negro the property
of James Hopkins from under the Hand & Seal of Wm. Goe
Esqr. and the Jurors thereunto annexed was returned and O. R.

Ordered that Exn. agt. Wm. Downs for not appearing as a
Juryman be deferred till next Court.

Ordered that the Common allowance be made for the chil-
dren of Robert Crawford and Nich’s. Hagarty poor Soldiers in

(189)

(190)

MINUTES OF CouRT OF YOHOGANIA COUNTY. BD
the Continental Service to commence from the 25th of Sep-
tember last.

Ordered that the Common allowance be given the Wife and
Children of Thomas Southwait a poor soldier in the Conti-
nental Service to commence from the 25 of Sept. last.

Ordered that Jacob Bousman be appointed Surveyor of the
Road from his house to the Widow Stewarts, Robert Henderson
from thence to where the Road from the Widow Lapsleys &
Jno Read’s forks, Jno. Read from thence to Benja. Kuyken-
dall’s Mill, Thomas Lapsley from the forks of the Road to the
Court House, and that the Inhabitants within three miles do
keep sd. Road in repair.

Berry v Crawford, C. O.

Ordered that this Court be adjourned till Court in Course.

WILLIAM GOE.

At a Court Continued and held for Yohogania County July
26th, 1779.

Present Isaac Cox Joseph Beckett Joshua Wright Benjamin
Fry Gent. Justices.

John Cox appointed Surveyor of the Road in the room of
James Wright.

Henderson v Douglass. Hugh Sterling Spl. Bl.

Wright v Beavers. D. Steel Spl. BI.

Brodie v Same Do. Do.

Heth v Stokes Do. Do.

Boley v Orr. Sampson Beavers. Do.

Dye v Tharp David Williams Spl. BI.

George Lypolt Ad. v Mary Lypolt Att. Jno. Prothman
Spl. Bl.

Stocker v Acklin Hugh Brodie Spl. Bl.

Zadock Wright appointed Surveyor of the Road from
opposite Elijah Harts to the Ct. House.

Ordered that the fine imposed on Wm. Downs for not
appearing as a Jury man, Jno. Decker v David Ruth, be
remitted, he having given the Court satisfactory reasons for his
non attendance.

Berry v Andw. Crawford & Asse.— Bl. Judgt. L. 30. & costs.

Ordered that Court be adjourned till Court in Course.

Isaac Cox.

356

(191)

ANNALS OF THE CARNEGIE MUSEUM.

At a Court Continued and held for Yohogania County
August 23d, 1779.

Edward Ward Isaac Cox Saml. Newell Joseph Beckett John
McDonald Benja. Kuykendall Gent. Justices.

Wm. Murly Sworn Lt. Comn. Read.

Jno. Vannater Sworn Ensign. Comn. Read.

Deed Jediah Johnson to John Douglass Ackd & O. R.

Deed Jediah Johnson to Andrew Devoir Ackd. & O. R.

Springer v Waller. Henry Kersy Spl. BI.

Deed Th: s. Spencer to Saml. Heth Ackd. & O. R.

Deed Benjamin Vannater to Robt. Bowers Ackd. & O. R.

James McCullough v Jno. Taylor. Thos. Pritchard,
Spl. BI.

Release Saml. McAdams to Andrew Devore ackd. & O. R.

Andw. Devoir v Jediah Johnson. Agreed.

Thomas Parkeson v John Megee Non Suit.

Do. Do. Do.

Andrew Heth Sworn Goaler for one month.

Geo. Vallandigham v Gabl. Walker. Ordered that Didi-
mus Issue for the Exn. of John and Francis Reno. |

Absent Isaac Cox.

David Steel v James Hamilton, John M®Comish Spl. BI.

Lindsay v the same. Benja. Vannater Spl. Bl.

Acct. preferred by Saml. Newell & Benjn. Kuykendall
L 472 for building the Ct. House and repairing the old Gl.
approved of by the Court, Ordered that the Sheriff pay the
same.

Deed Isaac Cox to Andrew Nigh Ackd. & O. R.

Ordered that this Court be adjourned till Court in Course.

Epwp. WarRD.

Ata Court held for the Examination of John Bryan who
stands charged with felloniously stealing a horse the property
of George Shannon.

Present Isaac Cox Benja. Kuykendall Oliver Miller Joseph
Beckett Joshua Wright Samuel Newell.

The prisoner being set to the barr and it being demanded of
him whether he was Guilty or not Guilty, answered Not Guilty.
Whereupon Sundry Witnesses were examined, on consideration
whereof and the circumstances it is the opinion of the Court

(192)

(193)

MINUTES OF COURT OF YOHOGANIA ‘COUNTY. 357

that he is not guilty but that he is a person of bad character,
and therefore that he give Security for his good behaviour for
three years himself L tooo and his two Securities L 500
each.

At a Court held for Yohogania County September 27th,
1779:

Present Isaac Cox John Canon Joseph Beckett John Free-
man Joshua Wright Oliver Miller Richard Yeates Gentlemen

Justices.
Power of Atto. David Cox to Friend Cox. ackd. & O. R.
David Levinston ———-—— acknowledge themselves in-

debted &c the said David in the sum of L400 and the said
in the sum of L200 each, Cond’d. for the per-
sonal appearance of the sd. David at the next G. Jury Ct. to
answer a charge exhibited agt. him for stealing a saddle the
property of Robt. Henderson &c.

Administration of the Est. of Saml. Griffith decd. is granted
to Elizabeth Griffith she having complied with the Law.

Ordered that Thomas Prather, John Purdie Robert McKie &
Rich. Noble or any three of them are appointed to praise the
sd. Est.

Ordered that Alexander Ewing an Infant and Orphan of
Willm. Ewing decd. aged nine years old be bound to Thomas
McMullin according to law, and that the said Thos. do give
the said Alexander a new Bible and L1o at the Exp’n. of his
time.

Robt. McGlaughlin &c. v Tobias Woods, Mabara Evans
Spl. BI.

Ordered that William Hammond an Infant and Orphan of
John Hammond decd be bound to Joseph Scott according to
Law, and to find him one Ax one Grubbing Hoe and one
Bible at the expiration of his time.

Ordered that Sarah Hammond aged seven years be bound
Infant and Orphan of John Hommond decd be bound to
Joseph Scott according to Law and the said John to give her
one Cow and Calf one Spining Wheel and Bible at the expi-
ration of her time.

Ordered that this Court be adjourned till tomorrow 8 o’clock.

Isaac Cox.

(194)

ANNALS OF THE CARNEGIE MUSEUM.

Court met according to adjournment Sept. 28th, 1779.

Present Wm. Harrison Thomas Freeman Oliver Miller
Richard Yeates Gent. Justices.

Administration of the Estate Timothy Hays is granted to
Augustine Moore he having complied with the Law.

Ordered that Philip Shute Thomas Rodgers Richd. Waller
& Saml. McLain do appraise the sd. Est.

Administration of the Est. of Wm. Noland is granted to
Augustin Moore he having complyed with the Law.

Ordered that Philip Shute Thomas Rodgers Richd. Waller
& Saml. McLain do appraise the said Est.

An Order of Monongehala Court for appointing a Com-
mittee of three to draw up a remonstr. to the Genl. Assembly
of Virg’a. praying a repeal of the Law for opening a Land
Office & appointing Commrs. to take in entries of Land on
the West of the Laurell Hill, was laid before the Court at the
request of the Court of Monongehala; upon seriously con-
sider’g the same & the consequences of repealing those Laws,
Ord’d. that the sd. Ct. of Monongalia be informed that this
Court cannot by any means concur with the sd. Ct. in wishing
those Laws to be repealed as they cannot but consider them as
exceeding well adapted to the Local circumstances & Situation
of the People of this County: so far from wishing a repeal of
those Laws this Court are determined to take every Method in
their power to prevent it.

Present Isaac Cox, Gent. & John Canon, Gt.

Absent Thomas Freeman.

Ordered that Thomas Ashbrook be apointed Surveyor of
the Road from Cat Fishes Camp half way to Pentecosts Mills
and John McDowall the other half, and that the Tithables
within three miles do work on and keep the sd. Road in repair.

Absent Wm. Harrison.

Ordered that Jno. Crawford be sum’d. to appear at the next
Court to shew by what authority he detains James Crago as
his Servant.

Colo. Wm. Crawford came before the Ct. and made Oath
that Hugh Stephenson now decd. obtained a Warrant from
Lord Dunmore while Governor of Virga. for three thousand
Acres of Land & that the sd. Hugh Stephenson was an Inh't.

(195)

(196)

MINUTES OF COURT OF YOHOGANIA COUNTY. 359

of Virginia & that he was a Captain of a Company actually
raised in Virg’a. & and in the Service of Virg’a. in the year
of Boquet’s Campaign 1764, & the said Crawford further made
oath that he was a witness to the sd. Hugh Stephenson’s assign-
ing to a certain Richd. Yeates one thousand Acres of the said
Warrant.

William Crawford came before the Court & made Oath that
Burton Lucas was a Subaltern Officer in the Service of Virg’a.
in Colo. Wm. Byrds Regt. in the year 1758 or 59 in conse-
quence of which he obtained a Warrant from Lord Dunmore
while Gov. of Virg’a. for two thous’d. Acres of Land which
was assigned by the sd. Lucas to Matthew Ritchie & Wm.
Bruce.

Prest. Benja. Kuykendall & Joseph Beckett Gent.

Deed Labat to Chambers prov’d. by the Oath of Wm.
Christy O. R. being formerly proved by the other subsc. Wit-
nesses.

Andrew Swearengen gentleman Present. :

Deed Edwd. Ward to Jacob Haymaker ackd. by sd. Ward.
©: for. R.

Two Deeds James McGoldrick to Edwd. Ward ack’d. O. R.

Deed Edwd. Ward to McGoldrick ackd. O.R.

William Crawford Gent. Sworn Surveyor.

Appraisement of the Goods Chattles and Credits of the
Estate of Archibald Wilson deceased return’d order for Rec’d.

Deed Ed. Ward to James Freeman. Ackd. O. R.

Manuel Gollehar being bound in Recognizance Ordered to
be Discharged.

Administration of the Estate of Solomon Froman granted
to Mary Froman, she having complied with the Law.

Ezekiel Hopkins, John Hopkins, Nicholas Devoir and
Levengton Thomas, are appointed appraisers to sd. Estate.

Deed, John Johnston to John Hopkings prov’d. Or. for
Record.

Ordered that James Chambers be bound in Recog’ze. L 500
and Samuel Irwin his Sec’ty. in L 25 for his appearance of
the said James Chambers at the next G. Jury Court.

Aaron Williams took the Oath of Allegiance & fidelity. paid.

Samuel Beeler v Josiah Scott. Jno. Allen Spl. BI.

360

(197)

(198)

ANNALS OF THE CARNEGIE MUSEUM.

Acquilla Whitaker took the oath of Allegiance and fidelity.
paid.

Present Thomas Freeman Gent.

John Boley v Corn v Maning. Jno. Fife Sen. Spl. BI.

Deed Ezekiah Applegate to Thomas Spencer acknowledged
& O. R.

David Levesterton bound to the next Grand Jury Ct. held
in L. 600, Benja. Collings & Saml. Irwin Secy’s. held in L
300 Each.

Ordered that Mary Guen the wife of Thos. Guen a poor
Soldier in the Continental Service be Allowed 4o S. p. month
for the support of herself and one child, to comm’ce the 28th
of March Last, and to End the 28th of March Next.

Ordered that Joseph Pearce son of Elisha, be app’d. con-
stable to serve the Ensuing year in the place of Benjaman
Philips.

Decker v Jacobs, refered to James Wright, Joseph Perkerson
& Saml. Devoir.

Ordered that Ct. be adjourned untill Tomorrow morning 9

oclock.
BENJA. KUYKENDALL.

Court met according to adjournment September 29th. 1779.

Present Edwd. Ward, William Crawford, ‘Thomas Smallman
William Harrison, and Thomas Freeman, Gent. Jus.

Licence is Granted to Robert McKindley to keep an Ordi-
nary at his house for one year, he having complied with the
Law.

Ordered that Josias Crawford Thomas Lapsley Jediah Ash-
craft & Richd Crooks, to view a Road forom Pentecosts Mills
to McKees Ferry near the mouth of Yough and make a return
of the Convenience & Inconvenience to next Ct.

Licence is granted to John Farree to keep an Ordinary the
Insuing Year he having Complied with the Law.

Ordered that the Sheriff Summon a Jury of twelve Men to
condemn an Acre of Land the property of Wm. Black in fav’r.
John Armstrong where he is now Building a Mill.

Ordered that 40 S. pr. month be allowed the Wife of Francis
Hollanda poor Soldier in the Cont’l. Service for the support of

(199)

(200)

MINUTES OF COURT OF YOHOGANIA COUNTY. 361

herself and one child to commence the 28th day of last March
and to end the 28th day of March next.

Ward to Heth. Deed ackd. & O. R.

Present Benjamin Kuykendall, Gent.

Robert McKindley & James Fleming appointed Constables
for the ensuing year.

Robt. McKindley sworn Const’].

Ordered that John Goe be attached for not Swearing in as
Constable.

Absent Wm. Harrison, Gent.

Geo. Berry v Andw. Crawford. Ord’d. that the Judgt. be
set aside and Judgt. opened & Redocketed.

Ordered that Philip Whitsel be summoned to appear at the
next Court to shew cause why he detains Patience York as
a Servant and that she be committed to the care of Thomas
Smallman till the next Court.

Inventory of Val. Crawfords Est. Retd. & O. R.

Wills v Quick Moses Holladay Spl. BI.

Joshua Wright & Joseph Beckett, Gent. Prest.

Henry v Slone, T. A. B. Then camea Jury Towit : Gabriel
Cox, John Brown, Joseph Perkerson, David Andrews, Samuel
Devoir, Moses Holliday, Uriah Johnston, Thomas Applegate
James Wright Robt. McKey John Dean James McGee. Judgmt.
for plaintiff L 15 & Costs.

Prest. Samuel Newell Gent.

Ordered that Susannah Harmon be bound to Samuel Newell
Gent. according to Law.

Hugh Orra v Peter Branden. In Attachm’t. Judgmt. for
L 84.9.5 & Costs, & order of Sale.

Cox v Williams & Irwin.= Then came a Jury towit. John
Robertson, John Hopkins, Zekiel Hopkins, Michl. Humble,
Jno. Quick Ezekl. Bernard, Adam Alex’. James Vannater
Hezekiah Applegate Charles Records Jno. Collins Abraham
Miller. Verd’t. & Judgmt. for plaintiff L. 50. Costs.

Crow v Dye. Saml. Devoir Spl. Bail.

Marshall v Huff ag’d.

Deed Pentecost to Records. ackd. O. R.

Absent Thos. Freeman, Gent.

Ordered that Colo. John Cannon have the publick salt

ev"

fh

(201)

La

ANNALS OF THE Cagneore Museen.

which now hes at Alexandria brought ep to this County
and Distribate it to the Persons Intitled to receive it, and that
he be authorised to Cantract for the Carriage on such Terms 35
he can, Taking care im the Distribution te Fix the price 0 35
te rake the money dee oa ad. Salt fer the Original Cast, Car-
mage, & other Contingencies.

Ordered that Benj. Kuykendal Esq. be authored to have
the Publick Sak now Lyimg at Neel Thompsons in Lowden
County brought up on the same principal.

Ordered that Zacherizgh Connell be Sommoned to appear at
the mext Court and render 2n acet. of the publhick salt he
reew' a.

Thom’s. Freeman Gent. Prest.
Samuel Thompson v John Hopkins. Ezekiel Hopkins Spl
Bal

Ordered thet Court be adjourned watill Tomorrow M
@ oClock. Benya. RovreNDair.

Present Isazc Cox, Jeshor Wiicht, Semue! Newell, J
Beckett.
Attachments.
Jemes Anderson v Jobe Melee Gis’.
McMszhen vy Myers Disoonni.
Compbell vy Saeet Do.
Meorzen Sc vy Connell Da.
Dumczn & Wikon v Lyon Do.
Poo vthesme Do

Peon vy Seth Do.

BHommttvy Gets De
Deutis ~ Hl De

Vasmv Kar Do
Petbeson v Dols De
Decker v Hexts Do
Bolas vy Rowes Do

Gay vy Gaile Do
Robertson v¥ Freach Do
Smelimzn ~w MeComel Do
Themzs + Kiizore Do.

Misores of Court of Youocesma Comrrv. SAS

Parkison vw Edwards Do.
Ormsby vy Dunn Do.
Harmison vy Wallace Do.
Ogle vy McIw2ain Do.
Ohara v Beamdom. Trial for 44). 108 Si
Cox, Admr. v Nelson 9 disoontd.
Ritchie wy Hall Do.
Depue v Hardin. Jucdgt.
Lypolt w Lypolt agreed.

) Issmes.
Cox, Trial. vw Williams ke.
Lyda Do. v Cox Judgt
Wherry v White Contd
Miller vy Humble Do
Johuson w Swearengen
Brownlee v Dougies 9 Comtd.
Shillmg w Newkrk Do.

Vthe same Do.
Myes w Hooper Do.
Mitchel vsame Do.
Shillmg w Fortmer Do.

vMyes Do.
Hooper v Geo. Myas Do.
Fullam v Jobosom Do.
Spumgerw Rearsey referred.
Spears vw Wimemuiller Contd
Bousmam w McGoldrick. Contd
Ward ~ Thom d=

wSame contd

wMecleeod Do.
Bond w Mordecai. Judet by defeolt L u1.2 152 be ~Tab’a.
& 405

wsame Do Le2z10 152 Tob’o 20S.

364 ANNALS OF THE CARNEGIE MUSEUM.

3rodie, Asse. v French Discontd
Grubb v Douling Judgt. by default.
Vallandigham v Tigart Discontd
Cook, Asse. v McConnel Do.
McManamy v Robertson Do.
Semple v McKinzie contd.
Holladay, Asse. v Hawkins. Plea waved & Judgt.
Beal v Finn &x _ contd.
v McMahan _ Do.
John Nevill v Gist. Plea waved & Judgt. Inqu grant.
Hamilton, Asse. v Dunfield Discontd.
Cresop v Swearengen contd.
(203) Campbell v Bell contd
Fullum v Johnson &x
v same contd.
vy McComish
Andrew v Johnson &x_ Do.
. vsame Do.
Decker v Ruth
Clark v Again
Heth v Bruce contd.
Christy v Heth Do.
vsame Do.
Froman v Boyce
Campbell v Thompson
Bruce v McMichael
Madison, Jun. v. Dunbarr
McLeland &x v Irwin
Hamilton v Norris
McAdams v Devore agd.
Innis v Scott
Brady v Williams &x
Washington v Pearsall.
Caldwell v Fry contd
Jones v Spears
Williams v Shane
v Protsman
v Carter
v Stocker

(204)

MINUTES OF CouRT OF YOHOGANIA COUNTY.

Stuart v Crawford
v Harrison

Common Orders.

Innes v Sawins

v same
Morrison v Vannater N. G. & I'd.
Bousman v McGoldrick
Elliott v McIntosh W. E. Judgt.

vsame Judgt & W. E.
Bradley v Boley N. G. with leave.
Curry v Wells Do.
Shirley v Thompson Non. Assr.
Atkinson v Matthews Judgt.
Smallman v Such W. E.
Bentley v Warren Agd.
Morton v Seaburn Agreed.
Innis, Ass’ee v Hougland
Day v Stansbury Judgt. W. E.
Johnson v Lindsey contd.
Do v Mills Do.
Waller v Springer N. G.
Nevill v Thompson

v Sharp

v Blackburn
Caldwell v Tygart &x Judgt.
Holladay vy Matthews Judgt.
Henderson v Johnson

Reed v Springer Judgt L. 37.10 S. 170 L& 40S.

Embly v Crowe N. G..w. Leave and Issued.
Hamilton v Swearengen

Writs of Enquiry.
Hawkins v Wheat contd
Nelson v Shilling discontd.
Shilling v Nelson Do.
Mcllry v Templin |
v The same j
Hand v Whitaker Discontd.

contd

365

366 ANNALS OF THE CARNEGIE MUSEUM.

Boley v Springer N. G. w. leave & I'd.
v Jno. Springer Do.
vsame Do.
Ward'v Wills N. G. w. Leave & I'd:
Cox v Williams
(205) Vance v Williams N. G. w. leave & I'd.
Ralston v Lowry contd.
Henry v Sloan Trial.
Fry v Filton contd
vy Same _ Do.
White v Johnson Do.
Swigart v Murphy Do.
Brashears Admor. v Brashears_ Do.
Noble v Kuyd’l. discontd,
Whiteside v Girty Contd.
Riggle v Dye N, G. w. leave & I'd.
Richards v Boley contd.
Hawkins v Zane discontd.
v Hanks Do.
Froman v Dean contd.
Vance v McNew
Lyda v Richards Settled & discontd.
Clark v Parkeson contd.
References.
Briscoe v Todd _ Discontd.
Connel v Mounce_ Do.
Reasoner v Ruth. Judgt. 375 Tob’o & 4oS. paid.
Boling v Morrison discontd.
Wills v Newell Do.
Gist v Waller Judgt. W. E.
v Hall Judgt W. E.
v Boyles Do.
Burrows v Johnson Abates.
Sly v McKindley discontd.
Bradon v Vannator Do.
Richards v Ross Do.
Brownfield v Same Do.
Custard v Long Do.
Swassicks v Jones Do.

(206)

MINUTES OF CoURT OF YOHOGANIA COUNTY.

Pearse v Evans N. G. w. leave & I'd.
Murphy v Richards Discontd.

Hayes v Deal Do.

Ewalt v McCollister Do.

Hougland v Laughlin N. G. w. Leave & I'd.
Swassicks v Swassicks_ discontd.

Newkirk v Shilling Do.

367

McFarlane v Beeler. Judgt. £ 22. S 11. 287 Tobo. & 40S.

Andrew v Johnson
Matthews v Marshall &x. Judgt.
Cox v Breetsman. N. G. w. leave & I'd.
Vannator v Bradon Discontd.
v Parkeson N. G. w. leave & I'd.

Burrows v Williams Abates.
Jones v McDonald _ discontd.
Dawson v Kirkpatrick N. G. w. leave & I'd.
Hall v Wells &x_ discontd.
Grimes v Logan Do.
Beeler v Walker Judgt. W. E.
Woods v McKee_ discontd.
Morrison v Swigart Do.
Froman v Boyce. . N. G. w. leave & I'd.
Deal v Hays’ Discontd.
Crooks v Hougland. N. G. w. leave & I'd.
Pearse v Evans Do.
Wallace v Duncan discontd.
Tygart v Boley. N. G. w. leave & I'd.
Boyce v Froman &x_ Do.
Tigart v Chamberlain Judgt W. E.
Mcky v Davison Do.

v Same Do.

v Same Do.
Mallocks v Brown discontd.
Brown v Mallocks Do.
Lyda v Collins Do.

Caldwell v Hougland N. G. W. leave & Issued.

Whitsel v McElwane_ Do.
Caldwell v Corn Do.
Chamberlain vy Henthorn discontd.

368 ANNALS OF THE CARNEGIE MUSEUM.

Spears v Proctor Do.
ViGHst pele WiC,

(207) Creghan v Waugh contd.
Newell v Robeson contd.
Shilling v Young discontd.

v Same Do.

vy Demink Do

vulrocters Do.
Nevill v Wiseman contd.
Shilling v Martin Discontd.
Sly v Smith Do.
Spear v McMahan N. G. w. leave & I'd.
Blackburn, Asse. v Peak Discontd.
Conrod v Carter Do.
Wood v Griffith Do.
Rogers v Proctor Do.
Clinton & Noble v Brashears. Judgt. by Default. L 4 19.
34 & 4o S.
Wagoner v Warner Discontd.
McGrew v McConnel_ Do.

v Phelps Do.
McMahan v Irwin Do. :
McChandlis, Asse. v McComish Do.
Moor v Richmond Do. .
Smallman v Slover Do.
Virgin v Moore Do
Barker v Jourdan Do.
Redford, Asse. v Hill Do.
Armstrong v Ramage Do.
Wilcox v Craighead Do
Barrackman v Shively Do
Reasoner v Shearer Do.
Ramsay v Chambers & Co. Do.

Veethesames Wo:
Heth v Farree_ Do.
Perkin v Colloway Do.
Hughy v Thomas. Do.
Stephens v Shilling Do.
Downer v Teagarden Do.

4

&

MINUTES OF CouURT OF YOHOGANIA COUNTY. 369

(208) Thomas v Lee Discontd.
Wilson v Croghan &x Do.
Brownfield v Cox Do
Bond v Long. Judgt. by default L 20 Costs 117 lb Tobo.
& 40 S.
Tigart v Dunnavan _ Discontd.
Caldwell v Browster Do.
Sumral v Same Do
Shearer v Miller Do
Baker v Hendricks Do
Whitaker v Dixon Do
Witsel v Shearer Do
Gollihar v Dowlin’ Do
Stephens v Stout Do
McMullen & ux v Parkeson &x Do
v Same Do.
Moore v Virgin Do
Dodd v Virgin Do
vsame Do
Moore v Virgin’ Do
Boyce v Philips Do
Campbell v Brownfield Do
Harrison v Karr Do
Jones v Clarke &x Do.
Phelps v McGrew Do.
McMichael v Frinch Do.
Purcel v Gibson Do
Halfpinny v Whitsel Do
Thomas v Merchant &x Do
Ireland v Wilson Do
Collins v Brady Do.
Black, Asse. v Dunlavy Do
Vaughan vy McMahan Do
Stephenson v Reed &x_ Do.
Small v Gray Do
Holladay v Jones. Judgt. by default.
Tidball, Asse. v Shaner discontd.
Anderson, Asse. v Huey Do
(209) Stephenson v Barnett discontd.

oe ie ee De
@w Sma Jodst by dete 15 ro t 170 th

Tare.
Bote, Ace a foe = Geom
Walece + Mosioc® De
Fossett vy Meck fads: & W_ E
Campbell 4ee tom aoe
Ridely & Cov Lymm = Jodeci by demu.
KMiemos + Giseen Goro
Dmielad +s Hxke=e= Do

(210) Linc + McGiemsiiion
Semple v Kes Do

(JU)
=~I
bo

_ ANNALS OF THE CARNEGIE MUSEUM.

Enoch v Teagarden &x. Do.
Clinton v Mays Do
Hawkins v Humble Do
Fife v Churchill Do
Hite v Morgan Judgt. by default.
v White Do
v Evans Do
v Mynett Do
v Defebaugh Do
v Same. Do. Exn,
Bruin v Fife Do
v Same Do
v Same Do
v Same Do
Hales v Roatch Judgt. W. E.
Morgan v Nichols _ discontd.
v Bond Do
vy Chamberlain Do
v Bever Do
Price v Lynn Judgt. by default.
v Weddel discontd.
v Hanks Judgt by default.
Gray v Peton discontd.
v Same Do.
Tigart v Dunavan Do
v Craven. Do
vy Vannator Do
v Craven Do
v Oglin Do.
St. Clair v Sills. Do:
Elliott v Girty Do.
Hawkins v Parkeson Do.
Robison v Crow. Do.
(212) Shilling v Newkirk Discontd.
Rodgers v Williams &x Do.
v Parr. Do:
v Tumbleson Do.
Zane, Asse. v Holman Do.
Castleman v Tabor Do

RAS

(213)

MINUTES OF CouURT OF YOHOGANIA COUNTY. 373

Lyon v Duncan Do
Hosier v Bruce Do
Glassell v Kizer Do
McGlassen vy Young Do
Anderson v Rees Do
Dunlavy, Asse. v Ferrel Do
Armstrong v Chara’ Do
Thomas v Stark Judgt. by default.
Ward v Springsteel discontd.

v Same Do.
Jones v Evans Do.

v Same _ Do.

v McGoldrick Do.

vsame Do
Ogle v Wilson Do

vsame_ Do.
Labat v Ramage Do.
Hamilton &x v Goe_ Do.
Clendening v Logan Do.
Nevill, Asse. v Holladay. Conditions perf’d. & contd.
Keiser v Jamison discontd
Kelso &x v Piggott Do.
Allison v Lyon Do.
Smith v Douglas Do
Martin v Elliott Do
Brecken v Cassat Do
Jones v Ormsback Do.
Wafords, Exrs. v Cox Do
Roots v Cook Do.
Caldwell, Asse. v Lynn Agreed.
Kidd v McConnel Judgt & W. E.
Linch v Jones Do

v Bosnick Do.
Dunning v Bay Do.
Bradon v Elliott Do.
Crooks v Hilderbrand. Judgt. by default. L 4.5 160 Ib.

Tobo. 4o S.

Johnson vy Steal discontd.
Hamilton v Martin Do

374 ANNALS OF THE CARNEGIE MUSEUM.

Berwick v Atkison Do.
Gilfillian Asse. v Tigart Do.
McInty v Gray Do
McCollister v Scott Do
Boley v Tigart Do
Robeson v McGoldrick Do
McElroy v McMahan Judgt. W. E.
Atkison v White discontd.
Price v Crawford Do
Wheat v Carmichael Do
Scott v Vallandigham Do
Campbell v Hanks Do
Holaday & Co. v Stout &x. Abates, D. D.
McCarty v Craighead discontd.
Lyon v Humblebearer. Judgt. by def’t. L 37 10 160 lb.
Tobo. & 140 S.
Frazier vy Chambers discontd.
Miller v Hill Do.
Karnes v McQuin &x Do.
Boyd v Thomas Do
Wright v Springstone Do.
Davidson v Hanks Do
Walker v Dristnell Do.
Clark v Hawkins Do
Smith v Girty Do
Dillon v Perky Do.
McManamy v Ohara_ Do.
Richmond v Scott Do.
Ferrel v Dougherty Do.
Tharp v Collins Do
(214) Armstrong v Ohara Discontd.
Bousman v Ormsby Do.
Thomas v Elliott, Admr. Do.
Christy v White Do.
Brinkers, Exr’s. v Hardin’s Adm’ors. Judgt. by def’t.
Davis & Co. v Young. Judgt. by def’t.
Elvy v Dunn _ discontd.
Lyon v Downer Do.
Mitchel v Wade. Judgt. by def’t. Process not served.

MINUTES OF COURT OF YOHOGANIA COUNTY.

Wilson v McGinnis_ discontd.
Johnson v Stephens Do.
Wilson vy Canon Do
Williams v Presser do
Croghan v Powel do
Hite v Dodson. Judgt. by def’t. Process not served.
Ormsby v Bousman _ discontd.
Dunlavy v Robertson Do
Brashears, Admor. v Colvin Judgt. by def’t.
Patterson v Tidball Judgt W. E.
Day v Dean N. G. w. leave & Joind.
Bever, Asse. v Cook &c. Admors. discontd.
Beeler v Ink N. G. w. leave & I.
Kersy v Springer ref’d.
Cox v Anderson agreed.
Crawford v Hamilton discontd.
Williams, Asse. v Anderson Do.
Wright v Hart. N. G. w. leave & I'd.
McCleland v Beeler discontd.
McMahan v Matthews Judgt. W. E.
Boyce v Froman N. G. w. leave & I'd.
Mooney v Records N. G. w. leave & I'd.
Boyce v Froman Non. Asst. & I'd.
vsame Do
& ux v Graham )
v same
v same Discontd.
v same
v same
v Atkeson Judgt. W. E.
v Froman N. G. w. leave & I'd.
Protsman v Hill Judgt. W. E.
(215) Norris v Vineyard & Ux Judgt W E.
Fife v Tigart. &x Judgt. W E.
vsame_ Do.
| Bentley v Eaglen Do.
Clark v Boley Do
| Hufman v Leatherman Do.
Munn v Crawford Do.
Boling v Norris N. G. w. leave & I'd.

eo) |

376 ANNALS OF THE CARNEGIE MUSEUM.

Miller v Humble Cond’s perform’d. & ia:
Gilliland v Linn N. G. leave & Pd.
Shilling v Newkirk Do.

Dunagan v Boyce Agd.

McCollister v Corn Judgt. W. E.

Ward v Philps. Discontd.

Petitions

Sills v Irwin discontd.
Shilling v Blackman Do.
v Delany Do.
Roatch v Shaner Do.
Christy, Asse. v Irwin Do.
v Jackson Do.
Parker, Asse. v Davis Do.
Whitsel v Rybolt Do.
Sloan v Mitchel, Adm. Do
Hamilton v Hawkins Do.
Seaman v Miller &x Do.
vsame Do.
Cook v Berwick Do
vy Hart Do
v Johnson Do
vy Dobbins Do
v Parkerson Do
Vannater v Pelton Do.
McKenzie v Semple Do
Ryan v Park Do
McDonald v Grimes Do
Deal v Grove Do
Fennel, Asse. v Marshall Do
Colvin v Baily Do
(216) — Wells'v Johnson Discontd
Redford v Hill Do
vy Criswell Do.
Ryan v Shaner Do
Brent v Teagarden. Judgt. for L 2
Oury v Fisher
v Maurer Judgt.
v Miller

(217)

MINUTES OF CoURT OF YOHOGANIA COUNTY. aif

~I

Todd v Shearer discontd
Timmons v Gafney Do
Wright v Dunlavy Do.
Morgan vy Saltsman_ Do.
Dunlavy v Fry Do
Swigart v Rots. Judgt. L 3. 15. 150 lb. Tobo & 20S.
Baggs v Cumings Discontd.
Whitsel v Valentine Do.
Marshal v Brooks’ Do.
Spurgin v Patrick Do.
Pigman No. 2 v Layton’ Do.
Chriswell v Girty Do.
v same
v same } s
Asse. v same
Asse. v Scott
Clinton v Cuningham. Process not retnd.
v Donne: Juds i231. 22 lobo. 150, &i20 5:
Wickwire v Douner Discontd.
Wills v Zane _Discontd.
Hawkins v Bodkin Judgt.
v Coffee Judgt.
Virgin v Colvin discontd.
Paul v West Do.
Day v Christy Do
Taylor v Byerly Do
Humble v Clark Do
v Burns Do
Jones v McDowall Do
Fowler v Brown’ Do
Weddall, Asse. v Arle Do
McCleland v Small ,
v Same!
Davis, Asse. v Downer Judgt.
v Warner Do. Process not served.
Dix v Groggs_ discontd.
Hardin, Jun. v Kincaid Do.
Miller v Custard Do
Ryan v Press Do

378

(218)

ANNALS OF THE CARNEGIE MUSEUM.

Fennel, Asse. v Mitchel Do
Maxwell v Ashcraft Do.
Cuningham v Bruce Do
Jolly v Barker Do
Moor No. 3 v Churchil Do.
Shaner, Asse. v Stephens Do
Jackson v Clark Do
Boley v Swigart Do.

v Russal Do
Green v Ward Do
Harrison v Armstrong Do.
Ross v Dunfield Do.
Dean vy M'Macmanomy Do.
Lestnett v Same Do
Roliter v Labatt Do
Steel v Merrick Do
Jackman v Clark Do
Hall v Redman Do
McCollister v Black Do
Savage v Teagarden Do
Fin v Williams Do
Adams v Horn Do
Lain v Peyton Do
Wallace v Meek Do
House v Mahon Do
Virgin v Moore Do
Adams v Shuster Do
Clendenin v Carmichael Do
Henthorn, Asse. v Martin Do
Semple v Owens Do
Hamilton v Hawkins Do
Ross v Fransway Do
Johnson v Wilson Do
Morgan v Wooler Do
Steel v Thomas Do
McGlassen v Irwin Do
Pearse v Chery Do
Semple v Carol Do
Moore v Richmond Do

(219)

MINUTES OF CouRT OF YOHOGANIA COUNTY.

Dougherty v Black Do.
Tygart v Lindsay A. D. D.
vsame€) 1. pp.
v same J
Stewart v Scott discontd.
Campbell v Gahagan Do.
Vallandigham v Springer
v Clements
v Meeks
v Hartley
v Lindsay
Vv same
Farree v Lynn Do
Maxwell v Thompson Do
Reed v Clarke Do
Dalton v Shaner Do.
Ross v Swift Do
v Black Do
Hawkins v Labat Do
Clarke, Asse. v Downer Do
Fin v Williams Do.
Kendal v Brownfield Do
Gary v McCulloch Do
McCullum v Edwards Do
Christy v Alexander Do
Spears v McDoran Do
Fitzgerald v Reiley Do
Cox v Boling Do
Halfpenny v Dennis Do
Wadel, Asse. v Brown Do
Asse. v Arnold Do
Shaner v Ross )
v Plumber j
Flander v Marshall Do
Elliott v Small
v Same
v Sinnett
v Winemiller

Do

Do

discontd.

379

380

(220)

ANNALS OF THE CARNEGIE MUSEUM.

Elliott v Dalton
v Frederick |
v Armstrong Do
v Rodgers
v Same
Wills v Gohagan Do
Ewalt, Asse. v Armstrong &x Do
Brownfield v Hustage Do
McMichael v French Do
Baker v Knight Do
Tilton. Asse v Bell Do

Brintson, Exors. v Elvy

v Bruce
v Beeler
v Sayers
v Spencer
v Moyer
Isaac Hite v Vantrees Judgt.
v Rich’d Postlethwait Do
v Wilson’ Do
vy Carter Do
Hardin the Younger v Myers discontd.
Cook v Dobbins Do
Parkeson v Burns’ Do.
Russel v Gahagan Do
Collins v Dobson Do
Asse. v Clark Do.
Lyons v Butler Do.
Madison, Jun. v Sterling Do.
McMahan v Pritchett Do
Taylor v Hanks Do.
Isaac Cox v McMahan Do

Do

Miller v Armstrong Do
Thomas v Lambert Do
Knight v Plumber Do
King v Hansel Do
McCashlin v Evans Do
Holmes v Huston Do
McCollister v Corn Judgt.

c221)

MINUTES OF CoURT OF YOHOGANIA COUNTY.

Decker v Wilson discontd.
Stephenson v Nicholas Do
Beeler v Burns Do
Spears v same Do
New Pet’o.
Baggs v Cumins_Judgt.
Day v Wilson agd.
Lewis v Byers Judgt.
Lypolt v Masterson agreed
Vinamon v Davis agreed
Johnson v Sly abates
Devores, Exors. v Scott discontd
v Tigart Judgt.
Crawford v Hanks discontd.
v Miller Judgt. L. 3.
Marshall v Brooks Exor. Judgt.
Alias’s
Still & Ux v Williams P. C.
Crow v Pearse N. G. leave & I'd.
Henderson v Douglas Impl.
Wilson &x Exors. v Lynch &x C. O.
Evans v Russell PC
Stocker v Acklin Impl.
Bay v Jackson agd.
Riddick v Ross C. O,
Boley v Maning. Spl. Bl. Jno. Fife.
vsame Do
Brewer & Ux v Stacy C. O.
Cook v Beckett agd.
Spears v Beckett &x_ Exors. Impl.
Dyev Allen Tharp C. O.
Nichold v Corn. Dismd N. Apl.
Johnson v Allen Tharp Agd.
Matthews v Ellis Agd.
Say v Dean Spl. Bl. Imparl.
Ward Clark . .C.O
v McIlwanes PC
Crow v Glin agreed
McCullloch v Taylor . Spl. Bl. Impl.

381

ANNALS OF THE CARNEGIE MUSEUM.
Whitsel v Wise Dis’d. N. Apl.

Pluries Cap.

McCormick v Holles Judgt. for Plt. & Ex.
McGlaughlin v Woods Judgt. W. E. L 8. 1. 4.
Bentley v Vittitoe agd.
Workman v Saltsman PC
Ritchie v Thornbury dismd
Reno v Walker agd.
vsame agd.
Norris v Embly PC
Ross v Maning PC
Minor, Asse v Blazier PC
McComish v Springer PC
Anderson v Evans C. O.
Steel v Hamilton .C. O
McMahan v Hauck No Impt. discontd.
Kearns v Logan PC
Springer v Waller agd.
Smith v Gibson Discontd.
How v Genoway ux. P. C
Burns v Loutherback C. O.
Whitsel v Crawford agreed
Beans v Johnson Judgt. for Plt Exn L 21. to.
Harrison v Hall discontd.
Miller v Mitchel PC
vsame Do

Barrackman v Harry C. O.

v Woods C. O.
Vallandigham v Walker PC

WV same. ©..0)
Wills v Blackstone. dism’d. N. appl.
Lindsay v Smith } CO
v Hamilton

Lintenbergher v Oldcraft. discontd.
Labat v Smith discontd. N. Impl.
Pearse v Evans C.O
Laughlin v. Brown PC
McDonald v Slover agreed.

(223)

MINUTES OF CoURT OF YOHOGANIA COUNTY.

Colwell v Thorn N. Imp. discontd.
Kincaid v Henderson )
v Same if
Caldwell v Mills disd N. Apr.
Cumins v Patterson N. In dismd.
v Baggs disd. N. Apr.
Caldwell v Ms ray \ PC
v Thorn
Gibson v Meek PC
Gist v Alexander agd.
McGlaughlin v Piggot N. In discontd.
Hall v Lynch
v Fossett
v Shearer
v Hatfield
Heth v Stokes C.O
Chambers v Wallace Agreed
Gist v Cornwall C.O
Forrester v Murphy C.O.
Mitchel v Pelton Agd

Spl. Impl.

dismd N. apce.

Miller v Same
v same } Discontd
v Humble A ei
Appearances

Ferguson v Heth dismt.
Spears v Jones Richard Pauver Spl. Bl.
Wand: Clark), (C.) ©.
Postle v Greathouse. Als. Caps.
Boley v Folke A’gd.
v Orr S. B. & Impl.
v Fossitt
Stuart v Purdie Als Caps
Miller v Parkeson Als Caps.
v Gutridge Agd.
v Same _agd.
Hugh Brodie v Samson Bever_ S. Impl.
Crow v Watson = agd.
Dunn v Stuart Als. Caps.
Johnson v McAdams’ Agd.

383

(224)

ANNALS OF THE CARNEGIE MUSEUM.

Sills v Burns. discontd.
Loutherback v Same dismt.
Crow v Dye Spl. Bl. Impl.
Russel v Jackson — agd.
Lypolt v Hall. agd.
Maning v Slover Als.. Caps.
Johnson v Evans Als. Caps.
Steel v Sellars agd
Decker v Jacobs retd.
Parkison v Megee
Vv ee } oa
Morrison, Sen. v Humble agd.

McGee vy Parkeson
\ agd.
v same
Parkeson v Megee aed,

vsame J
Douglas vy James agd.
Moor v Richmond. discontd.
Dye v Brent als. Caps.
McMahan v Linsin agd.
Parkison v McGee , q
Teac Dane
Campbell v Blackman agd.
Steel v Stephens als.
Bever v Mayhal Co. Or.

v Miller, Sen. &x. agd.
Hopkins v Johnson dismd. no Inhabt.
Blackman v Pearse agd.

v Campbell agd.
Wilson v Blackman agd.
Blackman v Campbell agd.
Bonum v Sappinton Als. C.
Boling v Wells AC
Johnson v Lindsay C O
Campbell v Tilton agd.

v Scott agd.

v Blackman N. I. discontd.
Ross v Blank Discontd.
Pearse v Hougland &x. agd.

A

MINUTES OF CourT or YOHOGANIA CouNTY. 385

Magee v Gambill als.
Bousman v Ormsby A. C.

Als’s. Caps.

Bousman vy Ormsby

386

(226,

ANNALS OF THE CARNEGIE MUSEUM.

v same |
v same |
v same |
v same AC
v same
v same |
v same
v same |
v same |
v same |
v same |
vsame |
Chambers v Ewalt AC
Chambers (Inft) v Same AC
Kuykendall v Colvin Imparl.
veDecker= “AC

Clark v Clark AC

VA late Aa

v.Quime,. Ay €
Wright v Bever Impl
Cook v John McCashlin C. O.
Bousman v Ormsby Spl. Impl.
Conner v Slover agd.
Boley wv Mitchel. ~C..0-
Zachy Connell v.Poe &x AC
Cresop’s Exors. v Campbell C. O
Biddle v Good &x AC
Cresop v Plumber discontd.
Logan v Miller AC
Devore v Johnson agd.
Johnson &x v Cotes CO
Evans v Richards Als.
Mathew v McLain A C
Stockwell v AB agd.
Thompson v Hopkins. Spl. Bl. Impl.
Kincaid vy Henderson Impl.
Means v Graham __ Dismt. no appr.
Beeler v Scott Spl. Bl.
Bruce v Hougland agd.

MINUTES OF COURT OF YOHOGANIA COUNTY. 387

Wills v Quick — spl. Bl. Impl.
Nicholds v Day discontd.
Shaaf v Douner A C
Pentecost v Jones C. O
Fosset v Hall C. O
Lynch v Same C. O
Crow v Watson Agd.
Johnson v McAdam = agd.
Sills v Burns’ S. Impl.
Crow v Dye Spl. BI.
Dunn v Stuart Discontd.
Spivy v Records Impl.
Marshall v Huff Agd.
Recog’ ce.
C. W. v Mounce_ discontd
v Springer discontd
v Steel disch’d.
v Black. Contd.
v Bradley contd
v the same Contd.
v Beall Discontd
v Winemiller. Ordered that his recogn. be prose-
cuted for want of appearance.
(227) | Commonwealth v James Chambers, failing to appear, ordered
to be prosecuted.
v David Duncan. Do.
v Moses Davidson Do.
v David Irwin Do.
v Susannah Schley Do
v Brawdy. Discontd.
v Dean Contd.
v John Carr: No. Appl. Ord: R--P.
v Hall Do.
v Ross Do
v. Smith & others Discontd.
v. Michl. Tygert. No appl. O. P. R.
Court met accord’g to adjrnt, Sept. 30, 1779.
Present, Thomas Freeman, Oliver Miller, Joshua Wright,
Judge Beckett, Isaac Cox, Gent. Just.

888 ANNALS OF THE CARNEGIE MUSEUM.

Grand Jury Presentment.

v Johnston Campbell Discontd.

v John McDonald fined accd’g to Law

v Richd. McMahen Do No Guilty

v Christie agd.

v Henry Bowling fined according to Law.

v Roberts fined Do.

v McAdams fined accdg. to Law.

v Oharra fined accdg to Law.

v Johnston &x Discontd.

v Newkirk and others. Discontd.

v Labatt fine.

v McClellen N. Guilty

v Robertson fine

v Daviss Do

v Persons N. Guilty.

v McKendley _ fine.

v Irwin N. Guilty

v Duncan fine

v Flemming fined

v Bealle Do

v Lentenburger N. Guilty.

v Roberts fined

(228) Commonwealth v Devoir Abtes. D. Dead.

v Dodds fined

v Judy Do

v Henderson Do

v McKendley Do.

v Irwin Do.

v Castleman Discontd.

v Corn fined.
{ Informations agt Gray. Discontd. He
( adhering to the state of Penn’a.
Indictments.

Lyda v Cox. Then came a Jury towit. James Wright,
Gabl. Cox Benjamin Forster, Thos. Applegate Samson Bever
Abraham Miller Ezekiel Bernard Andrew Pearse, W™ Haw-
kins Hezekiah Applegate Robert McKie, John Alexander.
Verdt? & Judgt: for Plt: "L;-100:

(229)

(230)

MINUTES OF CouURT OF YOHOGANIA COUNTY. 389

Hopkins v Johnson. Att".

Judgt for L 80 & Ord. Sale and that the Sheriff pay to Abi-
gail Johnson out of the money arising from the sale the sum of
L 480 and the Bal® if any to be applied towards satisfaction of
this Judgment.

Johnson v Johnson. Atta. Judgment & Order of Sale,
except Six bushells of wheat and all the Keggs in the Shffs.
return and the Bed Tick & one Ax & 1 pr. Geers being the
property of Abighil Johnson, and the balance if any to be paid
the plaintiff. Joshua Wright being sworn Garnishee sayeth he
hath 130 1. flour in his Hands the property of the Defendt.

James Boyce &x v James Grimes &x. N. G. & Joined.
Then came a Jury, towit: James Wright, Abraham Miller
Gabriel Cox, Ezekiel Barnett John Alexander, John Quick
Uriah Johnston William Hawkins Thomas Applegate Hezekiah
Applegate Samson Beavers Robert Macky Verdt. & Jugmt. for
Plaintiff, L. 20.

James Boyce v James Grimes. Case.

Then came a Jury towit, James Wright, Gabriel Cox, John
Alexander, Uriah Johnston, Thomas Applegate, Samson Beavers,
Abraham Miller, Ezekiel Barnitt, John Quick, John Gabridge
Hezekiah Applegate & Robert McKey. Verdt. Defd.

Ordered that Margaret the wife of Jeremiah McCarty a poor
Soldier in the Continental Service from this State be allowed
four pounds pr. month for the support of herself and three
children, To Commence the first day of Apl. Last & Ending
the first day of Apl. Next.

Anderson & Todd v Saml. Newell. W. Rep. Dismissed
and a Writ of Restertution (on Returno Habondo) awarded.

Ordered that —— Matthews the wife of Matthews a
poor Soldier in the Continental Service be allowed three
pounds per month to commence from the first day of January
last and to continue for nine months.

Thos. Freeman Gent. Abst.

Ordered that George Wrey an Orphan of Sixteen years of
age the first day of November next be bound to John Robert-
son according to Law the sd. Johnto give him a horse & Sad-
dle at the expiration of his time.

Lewis Nicholas vy David Day. Dismis’d for w’t. of appear-
ance.

390

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that Benjaman Kuykendall Gent. be Impowered to
Borrow five hundred pounds upon Interest, to be applied To-
wards Discharging the County Debt, and that the Court at the
Laying the Next County Levy provide for the payment

Thereof.
Ordered that Court be adjourned untill Tomorrow Morning
9 oClock. Isaac Cox.

Court met according to adjournment Oct. Ist, 1779.

* Present Isaac Cox Joshua Wright Samuel Newell Joseph
Beckett Oliver Miller Gent. Justices.

C. Wealth v Andrew Pearse. Then came a jury towit, Joseph
Skelton James Wright Gabl. Cox Wm. Murley Isaack Custard
Thos. Applegate John Wall Moses Holaday Saml. Lemin Elijah
Rittenhouse Richd. McMahan Uriah Johnson. Verdt. for De-
fendant.

Absent Saml. Newel Gent.

Wright v Kenneday. Atta. Judgt. L 41, and Ordered that
40 L be condemned in the hands of Edwd. Gather.

C. W. v Mary Boyce Sen. & Mary Boyce Junr. discon-
tinued. Costs paid.

Golahar & ux v Bradly, Sen. Ordered that an Atta. do
Issue.

Tacitus Gilyard v Isaac Ellis. Ordered to be redock’d.

Com Wealth v Douging. The Defendt. failing to appear
Ordered that his Recogze be prosecuted.

Sciri Facias.
Martha Lapsly v John Reed _ contd.
Wm. Brashears v Thos. Hamilton Judgt.
Bazil Brown v The Same __Judgt.
Com Wealth v James Smith &u. discontd.

Chancery.
Thomas Cresop v Willm. Shearer. contd.
Joseph Simon &u. v Alexander McKee contd.
Benjamin Wells v Thomas Rearden contd.
Ordered that the Sheriff do Summon a Grand Jury 24 good
& Lawfull men, to attend at Nov. Court.

(232)

(233)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 391

Present Oliver Miller Gent.

Ordered that Richd. Noble be recommend to serve as an
Ensign in Capt. Freeman Co. of militia in the room of Wm.
Colvin who was broke by Verdt. of Ct. Martial.

Joshua Wright Sworn Capt. in the Militia. Com. read.

Ordered that Rebecca Davis Orpan & Infant of Lem’1.
Davis be bound to Isaac Cox according to Law She being three
years old the 16th Day of Augt. last.

Ordered that Court be adjourned till Court in Course.

Isaac Cox.

At a Court Continued and held for Yohogania County Oc-
tober 25th, 1779.

Present Edward Ward, Joshua Wright Benjaman Kuykendal
Thomas Smallman Oliver Miller, Gent. Justices.

Colo. Isaac Cox having applied to us for a pasport to re-
move himself, family and attendance from this County to the
County of Kentucky on the Ohio, It ordered that the sd.
Isaac Cox have leave to remove himself and attendance as
aforesd, he Deporting himself as a good Citizen and in amen-
ity with the United States, having been long a Magistrate in
this County, and Demeaned himself well therein. It is Ex-
pected that all good offices be done him by the Inhabitants of
this Com. Wealth,

George Roots & Dolphin Drew, Sworn Atty’s,

Adm. of the Estate of Jacob Stelty dec’d, is granted to
Anne his wife she having Complied with the Law. Wm.
Frye, Zadock Wright, John Jones & John Trumbo or any
three of them app’s. sd. Estate.

Deed Poll James Bruce to George Bruce. Ackd. O. R.

Daniel Leet Sworn Deputy Surveyor having Produced a
Commission for that Purpose.

Power of Att. Morris Brody to Gabriel Cox Ackd. O. R.

Ordered that Court be adjourned untill Tomorrow morning
9 o’Clock.

Epwp. WARD.

October the 26th, 1779, Court met according to Adjourn
ment.

392 ANNALS OF THE CARNEGIE MUSEUM.

Present Edward Ward Thomas Smallman Isaac Cox Joshua
Wright Samuel Newell, Gent. Justices.

Power of Atto. Daniel Swolevan to Geo. Roots. Ackd.
OPK:

Thos. Reed v Evert Springer Impal. Granted, Money
Deposited with the Court.

Benjamin Kuykendall Gent. Present.

(234) John Embly v John Crow. Then came a Jury Towit. Gab-
riel Cox John Kinkaid, John Duglass, James Wright, Henry
Hogland, John Bowley, John Springer, Hugh Brawdy, Zadock
Wright, Joseph Perkerson, Richd. Crooks, Isaac. Newkirk.

Verdict for Defdt. & Ju.

Fife v Tygert. N.G. with leave & Issued. Then came
the same Jury towit, Gabriel Cox, John Kinkaid, John Em-
bly James Wright, Henry Hoagland, John Bowley, John
Springer, Hugh Brawdy, Zadock Wright, Joseph Perkerson,
Richd. Crooks & Isaac Newkirk. Verdict for Plaintiff &
Jud. ico.

Edward Ward Gent. came into Court and being Sworn on
the Holy Evangelist of Almighty God Sayeth, That Thomas
Smallman, Gent. was a Lieutenant and Quarter Master in the
first Batalion in the Pennsylvania Redgment in Actual Service
in the year 1758.

Oliver Miller Gent. Present.

Philip Gilliland v William Lynn. then came a Jury, towit,
John Kinkaid, John Embly, James Wright, Henry Hogland,
John Bowley, Wm. Crow, Hugh Brawdy, Zadock Wright,
Joseph Perkerson, Richard Crooks, Isaac Newkirk, Jno. Crow.
Verdt. for Plaintiff & Judmt. L 1000.

(235) Ordered that Jno. Springer be Sommoned to appear at the
Next Court to shew Cause if any why he refused to Serve as a
Jury man.

Van Swearengen v William Burris, David Williams S. B. &
Impl.

Benjaman Kuykendall Gent. come into Court and being
Sworn Sayeth, that in the Spring of the year 1754 he saw Maj.
Edward Ward on his march to Virginia from what is now Fort
Pitt, that the sd. Maj. Ward had the command of the party with
him & that he understood that he was the commanding officer

(236)

MINUTES OF COURT OF YOHOGANIA COUNTY. 393

of the Post at the aforsd. place as an officer in the Virginia line
& Surrendered to the French.

Todd v Gibson. Saml. Newell S. B. & Imp.

Ordered that Court be adjourned untill Tomorrow morning
g oClock. Epwp. WARD.

October 27th, 1779 Court met according to adjournment.

Present William Crawford. Thomas Smallman, Isaac Cox
Benjamin Kuykendall and Oliver Miller, Gent. Justices.

Certificate Adam Stephens to Isaac Cox On motion ordered
to be record.

Colo. Crawford being Sworn Sayeth that The sd. Isaac Cox
was a Subaltron Officer in the Virginia Service in the year
1764.

Spears v Winemiller. then came a Jury, Towit. John
Kinkaid, John Embley, James Wright, Henry Hogland, John
Bowley, Hugh Brawdy, Zadock Wright, Joseph Perkerson,
Richd. Crooks, Isaac Newkirk, John Crow & William Crow.
Verdi’t. for Plaintiff & Judmt for L 19.17.4.

Crow v Williams. Then camea Jury, towit, Enoch Springer,
John Springer, Andrew Robertson, Thomas Spencer, Saml.
Devoir, Saml. St. Clair, Samson Beavers, Sam]. Hinch, Saml.
Brice, Robert Johnston, Elisha Ritinghouse & Moses Holliday.
Verdi’t for plaintif & Jdm. L 300.

Joshua Wright Gent. Prest.

Spears v Gist. Then came a Jury towit. John Kinkaid,
John Embly, James Wright, Uriah Johnston, John Bowley,
Hugh Brawdy, Zadock Wright, Joseph Perkerson, Richd.
Crooks, Isaac Newkirk, Thomas Bond, William Crow. Vedt.
for plaintiff & Judm L 11, 16.

Crow v Dye Nonasstn. & I'd.

Brawdy v Beavers. N. G. leave & Jo’nd

Wright v the same. N. Asst & Jo’nd

Ordered that the wife of John Overlin a poor soldier be al-
lowed fifteen pounds pr. month for the support of herself and
five Children commencing the first day of July Last and ending
the first of January Next.

Ordered the wife of David Smith a poor soldier, be allowed
twelve pounds pr. month for the suppurt of herself and four
Children, Commencing & ending as afores’d.

(237)

(238)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that the wife of Thomas Dunn be allowed twelve
pounds pr. month for the support of herself and four children
Commencing the first of July Last & ending the first of Janu-
ary next.

Ordered that the States attorney Prefer a Bill of Indictmt.
agt. David Williams for ass’t on the Body of Elizabeth Crow.

Ordered that Ezuby Munn be allo’d. two Days attendance
in the suit of Crow v Williams.

Ordered that Jacob Bouseman be allo’d. half a Dollar for a
man & the same for a Horse for ferrying a Cross Monongahela.

Berry v Crawford. Non Asst & Jo’nd.

Meers v Hooper Dis. Contd.

Same v Same. Do.

Hooper v Myers. Do.

Kinkaid v Henderson. N. G. leave & Jo’nd.

Same v Same Do.

Johnston v Springer Judmt W. Ey.

Bouseman v Ormsby. In Tresp. Dismd.

Ordered that John Lad serve his master Wm. Crawford,
Eighteen month after the Expiration of his Time by Ind’tr. for
Loss of ‘Time in runing away and Expence in Taking him up.

James Hoge is app. Ensign & Joseph Kirkpatrick Liut. of
Militia.

Ordered that Court be adjourned untill Court in Course.

THO. SMALLMAN.

At a Court Continued and held for Yohogania County,
December 27th, 1779.

Present Edward Ward, Benjaman Kuykendal, Joshua Wright,
Benjaman Frye & Joseph Beckett Gent. Present.

Deed of Surrender Pentecost to [, ?] Ackd. ORs

Indenture Elenor Frazer to James M’Mahen. Ackd. O. R.

Oliver Miller Gent. Present.

On motion of Michael Vonbuskkirk praying a Certificate of
his Military Services, It appears to this Court (from Testimony )
that the said Vonbuskkirk Served as an Insign under a Com-
mission now produced in Court, from his Excellency Horatio
Sharpe Governor of Maryland, dated the 2° of May, 1756,
in a corps raised by Alexander Bealle for the Service of Mary-

(239)

MINUTES OF COURT OF YOHOGANIA COUNTY. 395

land, and that the sd Vonbuskkirk hath for many years past
and now is an Inhabitant of this State. Ord. to be Certif’d.

Ordered that James Wall, Walter Wall Richd. Sparks &
Andrew Pearce Ju.:do Review a road the nearest and best from
the New Store on the Monaungohela River into the road near
Andrew Dye’s, and make return of the Conveniency and In-
conveniences to next Ct.

Riddeck v Springer. John Springer Sp. bl.

Majr. Edward Ward having applied to this Court to Certifie
his Gen’]. Character, It is ordered therefore to be Certified.
That the sd. Maj. Edward Ward hath been a Justice of the
Peace in this County since its Institution, and Demeaned him-
self wel therein, as also in the Ofice of Sheriff for sd. County,
and that he has always deported himself as a Good Citizen of
the Com. Wealth, & as an honest Man and a good Neighbour.

Ordered that Walter Wall and Joseph Warner! be app’d.
Cons’b. and be sworn before the Next Majistrate to Qualify.

Ordered that Court be adjourned untill Tomorrow Morning

9 oClock.
Epwp. Warp.

Court met according to adjournment Decemb. 28th, 1779.

Present Edward Ward, Benjaman Kuykendal Joshua Wright
Oliver Miller, Gent. Justices.

License is granted to Cabriel Cox to keep an Ordinary at his
House the Ensuing, he complying with the Law.

Dr. The County of Yohogania,

To the States attorney, L 500.
To the Sheriff for Ex[?]. Services, 1200 To.

To three called Courts, 600

To the Clerk for Ex[?] Services, 1200. Do

To three Called Courts, 600. Do.

Ordered that the Sheriff collect forty Eight Shillings from
each Tithable as a County Levy for the present year.

Ordered that Samuel Irwin Gent. be appointed attorney for
the Com. Wealth in this County the ensuing year, in the room
of Phil. Pendleton Gent. who has resigned.

Inventory of the Estate of James Devoir Deceas’d retd.
Order to be recorded.

1Intended probably for Joseph Warne.

(240)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that Elizabeth Keyher, widow of Frederick Keyher
a soldier from this State who died in the Service be allowed
fifteen pounds pr. month for the support of herself and four
children, commencg. the 26th of Octob. and ending 26 Apr.
next.

Ordered that Ruth Davis widow of James Daviss a soldier
who died in the Service be allowed Twelve pounds pr. month
for the support of herself and three children, commencing the
26" of Octob’r. Last and ending the 26 day Apl. next.

Ordered that Geo. McCormick and William Harrison Gent.
the present and late Sheriffs, do bring in their accounts for
settlement at the next Ct.

Division and allotment of the one third of the Landed Es-
tate of James Devoir, Deceased to his widow or Relict,
returned and O. R.

At a Called Court held for the Trial of David Donee who
stands charged with passing one eigh and one five Dollars.
continental Counterfit Bills of Credit.

Prest. Edwd. Ward, Benj. Kuykendal, Joshua Wright, John
Cannon, Saml. Newel, Joseph Becket, Benj. Frye & Oliver
Miller.

The prisoner being set to the Bar, and being asked guilty or
not Guilty pleads not guilty. the Court upon hearing the wit-
nesses are of opinion that the prisoner is not Guilty of
Forgery or counterfeiting but that he is Guilty of a high Mis-
demeaner, and fraudulent Imposition. Ordered that the said
David Donee be bound over to the next Grand Jury Court and
that the States Attorney prefer a Bill of Indictment. Where-
upon the said David Donee with Hugh Brawdy and Stephen
Hall his Security come into Court and entered into recogn.
as aforesd. The sd Donee held in L 500 the sd sureties in
L 250 Each.

Daniel Caugha & John Cannon come into Court and en-
tered into recognizance for the appearance of the sd. Caugha,
appearance at the next Grand Jury Court, and give testimony
agt. David Donee, held in L 250 each.

Berry v Crawford Contd.

(241)

MINUTES OF COURT OF YOHOGANIA COUNTY. 397

James Spear being bound in recognizance appeard. Ordered
to be bound to the next G. Jury. James Spears with Andrew
pearce Ju. his secr. held L 500 each.

John Brackenridge bound in recgn. appd. Ordered to be
bound to Next G. Jury Ct. John Brackenridge with James
Brackenridge his Sec. come into Cot. held in L 500 Each.

Whereas John Campbell Esqr. Lieut. for this County, is
now a Prisoner with the Indians, and it is uncertain when he
may return to Take the Command of the Militia of this
County, upon considering the same and the present situation
of the Melitia of this County, it is the opinion of this Co’t. that
it is Necessary that some person should be appointed in the
stead of the said Colo. Campbell, & it is therefore ordered
that Dorsey Pentecost be recommended to his Excell. the
Governor as a proper person to be appointed in the stead of
the sd. Colo. Campbell.’

Ordered that Joseph Beeler be recommend as Colo. of the
First Batalion of Militia in the stead of John Stephenson who
hath resigned, the sd. Joseph being Colo. of the sd. Battalion.

William Harrison is recommd. to the Governor as a proper
person to serve as Lieut. Colo. of sd. Battalion in the sd. of
the sd. Joseph Beeler, the sd. William being Majr. of sd. Batta.

George Vallandingham is recomd. as Colo. of the 2"" Bat-
talion in the stead of Isaac Cox who hath res’d. the said George
being Lut. Colo. of sd. Battalion.

Gabriel Cox is appointed Lieut. Colo. of the 2" Battalion
he being Maj. Thereof.

Ordered that Colo. Joseph Beeler furnish the next Court
with a List, Seniority and rank of the Caps. of the Militia of
the first Battalion This County in order to Enable the Court to
proceed to the choice of majors of the Melitia. and Colo.
Vallandingham of the second Battalions.

Ordered that Benjaman Kuykendal be appointed to contract
with some person to bring up two Hundred Bushels of Salt
which now lies at Alexandria in the house of Joseph Watson,
belonging to the County, and that John Cannon assign an
Order relating thereto that he has in his hands to the sd. Ben-
jaman Kirkendall.

1 This was the John Campbell, one of the gentlemen justices of the court.

398

(242)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that Court be adjourned Til Court in Course.
Joun CaNoN.

At a Called Court held the 18th day of January 1780 for the
Examination of David Lindsey and Thomas Pearcesal who
stands charged with Perjury.

Present Edward Ward William Goe Benjaman Frye Joseph
Beckett John Cannon, Joshua Wright Gent. Justices.

The Prisoners being set to the Bar pleads not Guilty, but
they refusing to go through the Examination before the Ex-
amining Court, offered to Enter into Recognizance to ap-
pear before the next Genl. Court, Ordered that they Enter
into recognizance accordingly. | Whereupon the said David
Lindsey with Henry Kersey & Tobias Mattocks his Securitys
enter into recognize as aforesd, the sd. David held in L 1000
and his Secur’y. in L 500 Each. and the said Henry Kearsey
enters securities for the personal appearance of the said Thomas
as aforesaid held in L 1000. John Springer with Isaac Sprin-
ger his Surety enter into recognizance for the Personal appear-
ance of the sd. John at the next Gen. Ct. to Testify agt. the
sd. David & Thomas.

John Springer Surety for Enoch Springer as afsd. held as
aforesaid.

Joseph Ross with John Springer his Security held as afsd.

Epwp. WARD.

At a Court held for Yohogania County January 24th 1780.

Present Edward Ward John Cannon_ Benj. Kuykendall,
Joshua Wright Gent. Justices.

Ward v Broadhead. C. O.

Administn. of the Estate of Potter Smith dec. is granted to
William Brown he having complied with the Law.

John Munn, John Hopkins, John Collings & Levingston
Thomas appointed Appraisers to sd. Estate.

Ordered that Isaac Justin, John Chamberlain William Bruce
& W™ Mayhall be allowed 175 lb of Tob’o. for 7 days attend-
ance as a Guard on a prisoner, 84 dollars Each for finding their
own provisions, and that the Sheriff pay the same.

Ordered that Joseph Perkerson be sommoned to Next Court

—-™

wwe

(244)

MINUTES OF COURT OF YOHOGANIA COUNTY. 399

to Shew Cause why he detains James Drenning as a Servant
who alleges he is a free person.

George Heart v Jacob Trowbough, the plaintiff failing to
appear the Defd. prays not suit for want of security for Costs,
which is accordingly granted.

Ordered that Court be adjourned until Court in Course.

Epwp. WARD.

At a Court held for Yohogania County February the 28th,
1780.

(Present) John Cannon Benjaman Kuykendall Joshua Wright
Samuel Newell Gentl. Justices. .

Samuel McKay heir of AEneas McKay deceased proved to
the satisfaction of this Court that his said Father was a Depy.
Commissary under Genl. Commissary Leake in the Service of
the King of Great Britain in the years 1771 and 1772, and that
the said McKey has been a residenter in this State, and has
never recv’d. any warrants for Lands under the sd. King’s
Proclamation of 1763, and Ord. to be Certified.

At the request of Ann Hammon Ordered that her son Isaac
Hammon be bound to Isaac McMichael until he arrive at the
age of 21 years being now 5 years of age, and that the sd. Mc-
Michl. teach him to read wright & cipher as far as the rule of
three, also trade and Mystery of Husbandry and give him one
new suit of Cloth, a Bible, Grubing how and ax, at the expira-
tion of sd Term.

Samuel Semple proved to the satisfaction of the Court that
he served as a Captain in a Corps of rangers in the Pennsy’a.
Service in the Last, and is Intitled under the Kings Proclama-
tion of 1763.

Walker vy McMahen. Order for Dedemus to Take Deppo-
sitions.

John Ormsby proved to the satisfaction of the Court that he
served as Commissary in the Service of the Crown of Great
Britain in the years 1758 & 1759 & 60, and that he has never
obtained any warrant for lands under the sd. Kings Proclama-
tion of 1763.

Philip Pendleton Asse. of John Ormsby prov’d. as afsd.
that the said John Ormsby serv’d. as Paymaster in the service
afsd.

400

(245)

ANNALS OF THE CARNEGIE MUSEUM.

On the application of Catherine Doblin who is afflicted with
convulsive fits which render her Incapable of Procuring her
Subsistence, Ordered that Richd. McMahen agree with some
person to provide her with Necessary Subsistence untill the
Next, Count:

Andrew Heath Sworn Deputy Clerk.

George McCarmick proved to the satisfaction of the Court
that he served as an Ensign in a Company of rangers in the
Virg’a. Service in 1764 and that he has never rec’d any pre-
miums for sd. Service under the Procl. of 1763.

Thomas Smallman Gent. one of the Justices of the peace for
this County, Proved to the satisfaction of the Court, that he
was an Ensign Penna. redgment in the year 1756, and that he
never receiv’d. any warrant or other Bennifeet under the Kings
Proclamation of 1763.

Same as Lieut. in the first Penna. Redgmt. in 1756.

Same as Lieut. of Cavalry in the year 1757.

George Roots & Charls Wier Thruston, asse of sd. Small-
man, pro’d. as Capt. in the first Pen’a. Redgmt. in the year
1760.

Same as Asse. of the same. Indian Agent at fort Charters
in the year 1761.

Wm. McCarmick as Lieut. in a Virginia ranging Compy. in
the year 1764.

Judy v Boyce. James Grayham Sl. B. & Impl.

Vannatree v Grimes. W™ Boyce. Spl. B. & Iml.

Wm. Tully and Charles Records, his Sec’y, being bound
in Recgn. and failing to appear Ordered to be prosecuted.

Thomas Smallman, John Cannon, George Vallandingham
Gent. are recommended to the govern. to appoint one as
Sheriff the Ensuing year.

Bargain & Sale. Dorsey Pentecost to John Hombler. ackd.
& 7 O..R.

Ordered that ferry keeps on the Monongahela River be
allowed three dollars for ferrying a man & Horse.

Moore v Reddeck. Disctd. plaintiff.

Joseph Perkerson being Summoned to shew cause why he
detains James Denning as a Servant appeared and after hearing
the allegations of the parties the Court are of Opinion that the

(246)

(247)

MINUTES OF COURT OF YOHOGANIA COUNTY. 401

sd Drenning is a free person and is hereby Discharged from
any farther Service.

Alexander Fowler proved to the satisfaction of the Court
that he serv’d. as Lieut. in the 74": Redgmt. in the British
Service in America in the Last War, and contd. therein to the
end of sd. War, and that he never Recd. any Benefiet under
the Kings procl. of 1763.

Alexd. Fowler assee. of Leut. George Brock proved as
aforesd.

Alexd. Fowler Asse. of Leut. Anguish McNeill, p’d. as afsd.

Alexd. Fowler Assine of Leut. Henry Dolway. Prov’d. as
afsd.

Alexd. Fowler, Asse. of Leut. Butler Stubbs. Provd. as
afsd.

John Gibson Gent. one of the Justices of the peace for this
County prov’d. to the Satisfaction of the Court that he s’d. as
a Deputy Commissr. in the Service of Great Brittain at Fort
Pitt in the year 1760, and that he has Never rec’d. any Bene-
fiet under the kings procl. of 1763.

Bargain and Sale James Swolevan to Robert Campbell.
aekd:"©. RR.

James Colvin prov’d to the satisfaction of the Court that he
serv'd. as Ensign in a Company of Volunteers in the Virga.
Service in the year 1764, and that he never recd. any Bene-
fiet under the kings procl. of 1763.

Oliver Miller Gent. being bound in recognizance appeared
in Court, and after hearing the Evidences are of Oppinion
that the sd. Miller be discharge from his recogn.

Ordered that Court be adjourned untill Court in Course.

BENJA. KUYKENDALL.

At a Court held for Yohogania County March the 27th, 1780.

Present, Wm. Crawford, Joseph Beeler Edwd. Ward, Jos.
Wright, Thos. Smallman Geo. Valandigham, Gentlemen
Justices.

On Motion Admn. is granted to Catherine Hull up. the
Estate of Francis Hull dec’d.

Ordered that James Enis, James Shane, W"™ Ward & W™
Jenkins or any three of them being first sworn do appraise the
same.

402

(248)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that she enter into Bond & security for the due
administration thereof in a bond for thirty thousand pounds,
which was entered into accordingly.

Present Richd. Yeates.

On the motion of Tobias Woods ordered that the Admrn.-
Bond of John Stephenson Admr. of Jeremiah Woods be put in
Suit.

On Motion Admn. is granted Lewis Williams of the Estate
of Wm. Wms. dec’d. & that he enter into bond with Security
for the sum of ten thousand pounds, & that W™ Dunn, Joseph
Clem Thos. Mercer & Andw. Baker or any three first sworn do
appraise the same.

Ordered that Jno. Cannon & Richd. Yeates Gentlemen do
examine & settle the administrators acct. of the estate of Peter
Smith decd.

W™ Parkerson v Benj. Tomlinson. ‘Thos. Edgington Spl.
Bail.

Ordered that Joseph Cox be bound in the sum of ten
thousand pounds with two securities to appear at the next
Grand Jury Court to answer for stab’g. Jno. Elliott, himself
in the sum of ten thousand pounds & the securities in the
sum of five thousand each & that he Cox be of good behaviour
in the meantime.

Ordered that Jno. Elliott be recognized to appear at the
next Grand Jury Ct. to give evidence v Joseph Cox, in the
sum of five thousand pounds w’ch is done accordingly &c.

Joseph Cox entered into Recognizance in the sum of ten
thousand pounds & Jas. Innis & Hugh Scott his securities in
the sum of five thousand pounds each, that the sd. Cox appear
at the next Grand Jury Court to answer the Complain for
stabing Jno. Elliott, & that he be of good behavior in the
meantime.

Ordered that it be certified that Edwd. Ward Gentleman
Acted as a Captn. in the 1° Pensylv. Battalian in the years 57
&?758, & asa Lieuten. 56 & 57 & asan indian agent in Service
of the Crown in the years 60. 61. 62 & that he has had no satis-
faction for the same from the K. of G. B. proclamation of 63.

Same that Andw. Vaughan served in the Virga Rejiments in
the year 55 as a sirgeant & as above.

(249)

(250)

MINUTES OF COURT OF YOHOGANIA COUNTY. 403

Same Andw. Rote served at the same time as a private &c.

Ordered that ‘Thos. Miller be appointed a Constable in the
room of W™ Benwich for 1780.

Ordered that the Court adjourn untill tomorrow morning 10

oClock.
W. CRAWFORD.

At a Court Continued & held for the County of Yohogania
March 28th, 1780.

Present Edwd. Ward William Goe Thos. Smallman Richd.
Yeates, Gentlemen Justices.

Ordered that Andrew Heth do agree by Auction to the
lowest bidder with some person to repair the Court house and
Jail likewise to errect a Pillory & Stocks as soon as possibly
may be.

Bazil Brown v Robt. Hamilton, Thos. Hamilton Spl. bail
& impl.

Ordered that Saml Wells be summoned to appear before the
next Court to answer the Petition of Ann Wells his wife &
that attachment Issue that he give security to appear & abide
the order of Court & that he be of the peace toward the sd
Ann and all other good subjects of this Commonwealth.

Upon the Complaint of James ODonald that Andrew Dun
serjt. and John Shey soldier did grossly beat abuse & other-
wise ill treat him the sd ODonald. Ordered that Col’o. Broad-
head be requested to have the sd Soldiers delivered to the Civill
Authority to be dealt with according to Law.

License granted to John Collins to keep a Tavern he com-
plying with the law.

Ordered that Capt. Thomas Freeman be recommended to the
Governour as a Majr. in the first Yohogania Battalion in the
Room of Majr. W™ Harrison promoted.

Ordered that Captn. Matthew Richie be recommended to
the Governour to serve as Majr in the 2° battalion of Yohogania
County in the Room of Majr Gabl. Cox promoted.

Ordered that Hezekiah M‘°Gruder be rec’d. as Captn in the
ist Batt’an. in the room of Captn. Freeman promoted.

Ordered that George Redman be recommended as a Captn
in the 2d Battalian in the room of Captn Philip Ross resigned.

404

ANNALS OF THE CARNEGIE MUSEUM.

Bazil Brown v Thos. Hamilton, Joseph Parkison Spl. Bail
& imp.

Ordered that John Johnson be Recommended Capt. in the
room of Ct. John Crow.

Ordered that Andrew Dye be recommended first Lut. in the
room of Elija Hart.

Ordered that Uriah Johnson be recommended 2d Lieut in
the room of Wm. Crow.

Ordered that Samuel Devore be recommended as Ensgn in
the room of John Johnson prom’ td.

Jas. McClellin v Thos. Cummins, Gabriel Cox Spl. Bail & imp

Bawline v Norris. dismd.

On the Motion of James Richason that the Shf had attachd
sundry goods in the hand of Garnishees upon the Supposition
they were W™ Lynn’s, Ordered that the sd Goods be released.

Ordered that Jacob Bousman be allowed six dollars ferriage
for a man and horse, three for each.

Ordered that all the Ferry keepers of this County, Jacob
Bousman excepted, do receive four dollars ferriage for one man
and one horse & no more.

Ordered that Peter Ellrod be allowed Sixty doll pr. week
for two months for boarding & Lodg Catherin Devilin.

W™ Christy proved his title to Military Service as ensign in
the first Pensylv. Regement. &c &c. 1760.

W"- Evans proved his title to military service as Artificer
by warrant from the year 58 to 63 Xc.

Hawkins v Clerk discontd.

Colwell v Lynn same.

Ordered that Nathaniel Brown be allowed Eighty pounds for
maintaining Christopher Deklin four months past.

Brawdy v Beaver peremtory rule to try at next Court.

Jno. McClure proved his title to Military Service as an En-
sign in the first Pennsylv. Regiment in the year 1760 & never
has sold the same &c.

Whiteside v Girty. Then came a Jury towit, Gabl Cox Jno
Johnson Jos. Wright, Jno Wall, Saml Devoir Stephen Hall,
Elija Rittenhouse W™ Crow, Andw. Dye, Henry Newkirk,
James Spears, Andw. Pearce. Verdict for plf. 170 Damages
& Judgmt.

|

(253)

MINUTES OF COURT OF YOHOGANIA COUNTY. 405

Dedimus to take the deposition of Thos. Talbott to perpetuate
his Testimony respecting a piece of Land on which Matthew
Ritchie now lives.

Johnson v Springer W. I.

Day v Stanberry. Then came a Jury towit Zadock Wright,
Jas. Brice, Robt. Johnson, Thos. Applegate, Tobias Mattocks,
Tobias Deckart, Jas. Ferguson, W™ Redick, Sampson Beavers,
John Munn Antony: Dunlavy Thos. Hambleton, find for the
Plt. L 50 dam. & Judgmt.

James Stevenson proved his Service as a Lieuten. in a rang-
ing Compy &c. 74.

Wm. Harrison proved he Servd. as a Lieutnt. in the year 74
in a ranging Company «c.

Jno. Stephenson served as a Captn. in a Ranging Company
in 74.

John Hinkston served as a Lieutn. in a Ranging Company
in 74 &c.

Marcus Stevenson served as an Ensign in a Ranging Com-
pany in 74 &c.

William Crawford proved he served as a Lieut. of Light
Horse in 1758 &c.

William Crawford proved his Services as a Majr of Rangers
1774 &c.

Administration granted to W™ Park of the estate of James
Park decd. he giving Security according to Law.

Joseph Vance Henry Graham, Thos. Stoms William Van-
usan appointed to appraise the same being first sworn.

Ordered that Geog. Scott Orphant be bound to David Gaut
to learn the art of Tanning trade &c. ie

Ordered that John Scott Orphant be Bound to John Cannon
Gent.

George Valandigham Proved to the satisfaction of the
Court that he Served as Lieut. under L. Dunmore 1774.

John Robinson as Capt. same.

Thos. Warrin proved that he served as Insign under Capt.
Cresop, in the year 1774.

John Lemon vy Tobias Mattocks. John McComis Sp. Bl.
& Impl.

Joseph Becket proved that he served as Lieut. in the year
1772 under Lord Dunmore.

406

(254)

ANNALS OF THE CARNEGIE MUSEUM.

John James Wood, same.

Ordered that John Wright be returned as Constable in David
Andrews District in the room of Tobias Mattocks.

Ordered that Gersham Hull be appointed Constable in Capt.
Thos. Bays district.

Zadock Wright proved to the satisfaction of the Court that
he served as Lieut. under Ld. Dunmore 74.

The same as Serjt. in a Rangin Company in 64.

George Berry the sam. under Ld. Dunmore in 74.

Tater Elrod vs Elijah Hart. Atta. Isued.

Fantlyroy Seal vs Aquilla Whittaker. Atta. Isued.

Ordered that Isaac Israelos be appointed Overseer of half the
road Leading from Pentecost’s Mill to Cattfish Camp, in the
room of Jno. McDonel.

Ordered that Richd. Johnson be appointed Overseer of the
road from Devoirs Ferry to where the road Lead’g to the new
Store strikes out of Fromans road & that the Tithables within
three miles on each side work thereon.

Ordered the Court be adj’d. Till Tomorrow 8 oClock:

WILLIAM GOE.

At a Court held for Yohogania County March 29, 1780.

Present Edward Ward Thos. Smallman John McDonald
Joseph Bealor Joshua Wright.

Crow v Dye. ‘Then came a Jury towit, John Johnson John
Robertson James Machen John Dean Thos. Spencer David
Day Henry Newkirk Stephen Hall Samuel Devore Elija Rit-
enhouse David Williams, James Peirce. Vdt. for Plantf &
Judgt.

Ordered that the Atty do Indict Gersham Hull for assaulting
John McDonald.

Ordered that Gersham Hull be recognized to appear at the
next Grand Jury Court to ansr. the Complaint of Jno. Mc-
Donald, himself in the sum of five thousand pounds with two
Securities of in two thousand five hundred each, Hugh Brady
& Tobias Mattocks undertook for the sd Hull.

Ordered that Andrew Heth do furnish the Court with fire &
water & make an acct. of the same.

Ward v Robertson, order that dedim’s. Isue for either Party.

(255)

MINUTES OF CouRT OF YOHOGANIA COUNTY. 407

Connel v Wells. then came a Jury towit, Stephin Ashby,
Andw. Dye, W™ Crow, Joseph Warner, Andw. Pierce, Robt.
Creghead, Mos* Hollyday, Hugh Brady Tobias Mattocks John
McComis, Girsham Hull Danl. Apelgate. Verdt. for Plaintiff
L 5000 & Judgment.

On Motion George Roots, Administn. is granted him on the
estate of John Gabrial Jones deceased. ‘Thos. Smallman,
Robt. Campbell, Joseph Skelton, Samuel Sampel Appraisers of
the same.

On motion Andw. Heth Administn. is granted him on the
estate of Patrick M*°Ellroy deceased. John Robertson, Gabl.
Cox, Samuel Newil, Benjn. Keykindall, apprs. of the estate.

Braudy v Beever. then came a Jury towitt, John Johnson,
John Robertson, James Spear, David Day, Henry Newkirk,
Andw. Dye, Stephen Hall, Sam] Devore, Elija Rittenhouse,
Thos. Spencer, Joseph Warner, Jacheriah Connal. Verdt. for
Plantff. & Damage L 2000.

Margaret Weever 12 days attendance on the above suit.

Katherin Unsetler 6 days, same.

John McComis 2 days, same.

Ward v Broadhead. N. Guilty with leave to put in what
Plea he pleases.

Andw. Dye v John Allintharp. Nt. Guilty & Join’d.

Ordered that Andw. Heth have the uper story of the Goal
put into order for a Jury room.

James Spear v John Backingrig.

Ordered that a Ded’ms. Isue to take the depositn of Samuel

McAdams & wife for Plantiff.

Richd. McMahen v Arnold Evins. Non assum’st join’d.

Ordered that the Sheriff summona Grand Jury to May Court.

Ordered that the Sheriffs settle their accounts at the May
Court.

Ordered that a Dedimus Isue to take the deposition of
Martin Shundon in a suit between John McDonald & Gersham
Hull.

Ordered that Court be adjurnd till Court in Course.

Epwp. Warb.

At a Court held for Yohogania County April 24th 1780.

ie
(fi

ANNALS oF THE Carnecre Mouser.

Present Edward Ward, Joshua Wnght William Harmson,
Samue!] Newil Joseph Beeler.

Admn. is srented tw Jacob Besson of the Estate of Geo.
Greaves he have enid into Bond &c-

Ordered thet Phil. Shute. Henry Beason, Jno. Collims, and
Wm. Campbell or any three do appraise the sd Esiaie-

Ond’d. thai Benja. Die be sammon’d. to appear at the next
Court to show cause why Jobn Frezer an Orphan should not be

(Pres Jos. Beeler, Gent)
t attend as 2 Grand Jay 2gamsi May Coart

Jobn Brock ie eh eae
Thos Bond prodwced ther Commisions 2s Deputy

Tessd Saeed \ Surveyors & took the Oath Accordinsly.
Ordered that Jacob Lancaster Orphan four years old be

Bound apprentice to David Mclean to Leam the Mistery of

frmins, 10 leam him to reed wote & Cipher as ir as the

Role of three, two smis of Cloathins, saiicent shiris stock-

ies & shoes or equivaleni, ax Grubing hoe wedses.
Joseph Becket came mio Com.

setved 25 2 privaic in a Ransms Compe. commanded by Capt

Ewan Shelby raised in Maryid. & im the Service of the Crown,

mm the year 1759 and that he wes af the time of bis enhsimt
Same, that he serwed as Pack hors drive m the year 1764 m

the State of Virginia, & received No saiisiciion for the same.

Joseph Bealor sworn Col. of Militia. Commusion read.

Gabnei Cox sworn Lieni. Col of Milita Commission
Read

Inventory of the Estaie with the sctilement of Potter Smith
returned. Oni for R.

Ann Roleron proved thai John Robms was the m&ther of a
base born ciild begoien on her Body. Ordered that the sd
Wherenpon the sd Robins with John Lemon his Security come
into Comt & entered mio Recognizance of two Thousand
30 2s t9 Indemnify the Parrish.

(257)

(258)

Minutes or Court or Yorocanra County. 409

William Mitchell v John Bowlie. Disctd. plaintiff.

Joshua Wright v Sampson Beever, Disctd_ plantiff-

Rolison v Robins. David Steel S. B.

James ODonald v John & Isaac Williams. Disctd. PIff.

James Sterit v Skinner Hutson. Andw. Dye. S. B.

Peter Ellrod v Elija Hart. Atta Judgt & W. E.

Benjaman Wells v Samuel Wells. Attmt. Judmt. & O. Sale.

License is granted John Downer to keep an Ordinary at his
House in Beeson’s Town The ensuing year he having Com-
plyed with the Law.

Van Swearengen proved to the Court that he servd. as 2
subaltron officer in the Last war in a corps raised in the Vir-
ginia Service, and continued therein until regular discharged,
and that he never recd. any Satisfaction or advantage under the
king of Great Britains Procl. of 1763-

Thomas Gist proved to the satisfaction of the Ct. that he served
as a Cadet in the year 1757, and an Ensign in the year 1758.
and a Lieut. in the year 1760 in a redgmt. raise in the Vir-
ginia Service and employed in the Last war, and continued
therein until regularly disch’d., and in the year 1762 he again
served asa Lieut. in another Regmi. raised and Imployed as
afsd. and contd. therein until regularly discharged, and that he
never recd. any satisfaction or advantage under the king’s proc-
lamation of 1763, except a warrant from Lord Dunmore for
two thousand acres of land, and has ever since continued an
Inhabitant of this State.

Admn. of the Estate of Philip Heath is granted to William
Richman he having complid with the Law.

John Beal James Beal William Beal and Phil. Ross aptd
appraisers.

Jacob Bowsman v John Ormsby. Injunction to stay waste.

Edwd. Ward v Daniel Broadhead. C. O.

Ed. Ward v Jno. Robertson. Bill & Time.

Ed. Ward v Dl. Broadhead. Plea Joind.

Indenture Mary Willson Samuel Semple proved ordered to
be recorded.

Benjamin Keykindall Sworn Sheriff for one month.

Ordered that Court be adjourned until Court in Course.

Epwp. Warp.

410

(259)

ANNALS OF THE CARNEGIE MUSEUM.

At a Court held for Yohogania County May 22, 1780.

Present Edward Ward, Oliver Miller Th mas Freeman
Gent. Just’s.

Colo. Joseph Beeler provd. that he served as a wagon Mas-
ter from the State of Virginia in the late war between Great
Britain and france and that he Contd. therein until regularly
dischd:;, ©: to be Certd:

Appraismt. and Sale of the Estate of Saml. Griffith decd.
retd.. Or.-R.

Gabl. Green Sworn Depy. Survey. Com. Read.

W™ Colvin appd. Constable in the place of Jacob Knap.

Thomas Patterson Assinee of Thomas Eaby produced a
Disch’d signed Adam Steven Liet. Colo. of the first Virginia
Redgmt, for the service of the sd Thomas Eaby as Artificer
[?] for the Time of his Inlistment in the late war between
Great Britain & France, which Ordered to be Certified.

Joseph Beeler Jun. Sworn Lieut. of Militia. Com. Read.

Indenture Elizabeth Hazelton to Christopher Beeler prov’ d.
by Joseph Beeler Sen. and Joseph Beeler Jun. two of the sub-
scribing witnesses. | O. R. .

Present Joseph Beeler Gent.

Abst. Edwd. Ward Gent.

David Duncan is appointed Gardian to John Farree Heir of
Frederick deceasd. he having complied with the Law.

George Vallandingham Gent. Prest.

Edwd. Ward, Gent. Present.

Ordered that Vhomas Fortner, And Vinson Fortner be
bound to John Peters until they arrive to the age of twenty one,
he learning them the Coopers Trade art and Mistery, and at
the end afsd. Term give them the usual Freedom dues.

Deed of Surrender Jacob Knapp to William Chipley. Ackd.
Or?

The Last Will and Testiment of Stephen Richards deceas’d
proved by the oaths of Charles Morgan and Samuel Park the
two Subscribing Witnesses. O..R.

Ordered that ‘Thomas Freeman and William Goe Gent settle
with the Administratrix of the Estate of Saml. Griffith deceasd.
and make return to the next Court.

Admn. of the Estate of Joseph Fortner deceas’d. is granted
to John Peters he having comphed with the Law.

(260)

(261)

MINUTES OF COURT OF YOHOGANIA COUNTY. 411

Return of a Road from the new Store on Monongahala to the
road Leading from Guests fort to Devores Ferry. Ordered to
be confirm’d.

James Hodge Sworn Ensign. Commission Read.

Then came a grand Inquest for the body of this County to-
wit: John Wall, Stephen Hall, Walter Wall, Robert Craig-
head, Moses Holliday, James Sparks, John Robertson, Mabary
Evins, John ‘Taylor, Andrew Nigh, Stephen Richards, Henry
Sawings, Samuel Devoir, Andrew Dye, John Johnston, who
were Sworn, recd. their Charge and retired to their Chamber.

Thomas Smallman Gent. Sworn Sheriff. Commission Read.

Jeremiah Wright is recom’d. as Liut. of Militia in the stead
of David Cox who has removed out of the County.

William McCarmick. recom’d. as Capt. in the stead of John
Minter who has resigned. |

Samuel Wilson recom’d. as Liut. in the stead of the said
McCarmick, and William McKee ensign in the stead of the
said Wilson.

Ordered that a former order of this Court recom’ ding Heze-
kiah McGruder as Capt. of Militia in the stead of Capt. Free-
man be set aside, and that Thomas Prother be recom’d. in the
stead of the said Thomas Freeman.

Richd. Noble is recom’d. as Liut. in the stead of Thomas
Prother, and Thomas Brown Jun. be recom’d. as Ensign.
Rich’d. Beall Capt. in the stead of Capt. Joseph Ford who is
removed, and Robert McGlaughlin, Liut.

Ordered that John Frazeer Orphan of John Frazier, decd. at
the request of his mother be bound to James Wilson until he
arrives to the age of twenty one years of age, he being at this
time ten years old, and learn the sd John Orphan the Trade
art and Mistery of a wheel wright and Teach or cause to be
taught to read and Wright the English Language and to Cypher
as far as the rule of three, and at the end of said Term give
him two Suits of Cloathes one of which is to be New.

Ordered that Court be adjourned until tomorrow morning 9
oClock. Epwp. Warp.

Court met according to adjournment May 23" 1780.
Present Edward Ward Joseph Beeler eae Vallandingham
Samuel Newell William Harrison, Thos. Freeman.

(262)

ANNALS OF THE CARNEGIE MUSEUM.

issues.

Wherry v White contd.
Brounles v Douglas. do.
Shilling v Newkirk. do.

Do. Do. Do.
same v Fortney Do.
Fullum v Johnson. Do
Bouseman v McGoldrick do.
Pentecost v Briscoe do.
Shilling v Taylor do
Hawkins vs Clarke do
same v Kuykendall do
Ward vs Thorn do
Sample v McKensie do
Beall v Finn do
same v McMahan do
Neville v Guest do.
Cresop v Swearengen do
Campbell v Beall. do
Fullum v Johnson contd.
Same v Same _ contd.
Same v McComish contd.
Andrew v Johnson’ do
Same v Same _ do
Heth v Bruce do
Christie v Heth do
Same v Same do
Caldwell v Fry do
Boley v Springer do
Same v Same do
Ward v Wells do
Vance v Williams’ do
Riggle v Die do
Morroson v Vanater do
Bradley v Boly do
Curry v Wells do
Waller vs Springer do
Pierce v Evans do
Hogland v Laughlin do

MINUTES OF CouRT OF YOHOGANIA COUNTY.

Cox v Betsman do
Vanatre v Parkinson do
Dawson v Kirkpatrick do
Froman v Boyce do
Crooks v Hoagland do
Pierce v Evans do

Tyger v Boley do

Boyce vs Froman_ do
Caldwell v Hoagland do
Wetzell v McKelwaine do
Caldwell v Corn do-
Spears v M*Mahan_ do
Day v Deane Do.

Beler v Inks do

Wright v Hart do.

Boyce v Froman_ contd
Mooney v Ricord do
Boyce v Froman_ do
Same v Same do

Same v Same _ do

Boling v Norris do
Miller v Humble _ discontd.
Shilling v Newkirk contd
Crow v Pierce do

Crow v Dye Do.

Presentments at issue.
State vs
Richard McMahan discharged
defendt. paying Costs.
vs W™ Christy. do
vs Jno. McClellan do.
vy — Parsons do.
vs Agnes Irwin do
vs Geo. Lintenberger do.

Common Orders.

Wilson Exrs. v Lynch &c. W. E.
Reddick v Ross W E.

413

414 ANNALS OF THE CARNEGIE MUSEUM.

Saml. Bruer & ux v Tacey W. E.
Dye v Tharp WE.
Henderson v Evans W E.,
Steel y Hamilton W E.
Burns v Louderback W. E.
Barrickman v Harry W E
Same v Wood W. E.
Lindsey v Hamilton W E
Pierce v Evans W._E.
(263) Hethv Stokes WE
Guest v Cornwall W E.
Forrester v Murphy W E.
Ward v Clarke W E.
Boley v Orr W E.
Johnson v Springer W E.
Cooke v McCastlin W E.
Cresops, Exrs. v Campbell W E.
Johnson v Kates W E.
Pentecost v Jones W E.
Fossett v Hall W E.
Lynch v Hall” W E.

Writs Enq’y.
Hawkins v Wheat’ contd
Mcllroy v Templin abated by plaintiffs death.
Same v Same Same Order.
Roleson v Lowry contd.
Fry v Tilton contd
White, Jun. v Johnson do.
Fry v Tilton do
Swigart v Murphy do
Brashiers Admr. v Brashier Do.
Whitesides v Girty do
Froman v Dean discontd
Elliott v McIntosh contd
Same v Same do.
Smallman v Such _ do.
Day v Hansberry do
Richards v Boley do.

MINUTES OF COURT OF YOHOGANIA COUNTY. 415

Gist v Waller do

Same v Hall do

Same v Boyles. do

Beeler vy Walker do

Tigart v Chamberlain contd
Same v Same do

McKee v Davison Do
Same v Same do

Fossett v Meeks do

Ells v Roach do

Kidd vy McConnell do
Lynch v Jones. do

Same v Berwick do
Drenning v Bay do
Braden v Elliott et als. do.
McElry v McMahan _ do
Ferguson v Heath do
Protsman v Hill do

Norris v Vineyard & ux do
Bentley v Eglin do

Clarke v Boley do
Hoffman v Leatherman do
Munn v Crawford do
McAllister v Corn do
McGlaughlin vy Wood do
Newill v Robison Do
Nevill v Wiseman Do.
Neville v Holliday Do.
Wells v Quick Do.
Grubbs v Carter Do.
Taber v Applegate

Imparlances.

Spears v Beckett Admr. N. Guilty.
Kersey v Springer N. Guilty
Henderson v Douglas N. Guilty
Stocker v Aicklen N. Guilty
Boley v Manning Do.

Same v Same Do.

416

(264)

ANNALS OF THE CARNEGIE MUSEUM.

Day v Dean Do.

McCulloch v Taylor do.
Kinkaid v Henderson do.
Decker v Jacob contd
Kuykendall v Colvin N. Guilty.

Thompson v Hopkins, paymt & sett off.

Beeler v Scott, Infancy.

Nolls v Quick N. Guilty

Sills v Burns, Do.

Spivy v Rickets, do.

Kinkead v Henderson, do.

same v same, do.

Spears v Jones, do.

Berry v Crawford, contd.

Bousman v Ormsby. N. Guilty &c.

Keykendall v Bogard, Non Assumpsit.

Plurias Capias.

Stewart v Purdie A P. Capias.
Miller v Parkison do.

Dun v Stewart, do.

Johnson v Evans, do.

Dye v Brent, do.

steel v Stevens, Do.

Beavers v Mahal, do.

same v Miller, et als. do.
Chambers v Evalt Co
Chambers. Inft. v. Evalt C O.
Ward v Broadhead W. E.
Kuykendal v Decker, Imparlance.
Sheaff v Downer do.

Glanke v.Clarke, .C: OQ:

same vsame CO.

same v-Quinn~ P.-C.

Conell v Poe & others Exors. P. C.
Riddell v Goard PC.

Logan v Miller PC.

Mathews v McLean PC.

Sp. Bail.

(265)

MINUTES OF COURT OF YOHOGANIA COUNTY. 417

Boling v Wells, P C

Workman, Assee. v Saltsman P C,
Ross v Manning CO.

Miner v Blazier &c PC.

Thomas Freeman proved to the Court That he served as
Dept. Comissy in the Last war between Great Britian &
France & was regularly discharged. OO. to be Certified.

David Vance being bound in Recogn. being called came
into Court which ordered to be discontd, also the witness Re-
cogn. discd. said Vance giving security for his good behaviour
for one year and one day in the sum of ten thousand Pounds
with one Security in the like Sum whereon the sd. Vance with
Moses Holladay his Security came into Court & entered into
Recg. accordingly.

Ordered that John Bradly be bound over to his good Be-
havor for a year & a Day in the Sum of two Hundred five
Hundred Pound & one Security in the like sum, whereon the
sd. Bradly with Jacob Bousman his security came into Court
& entered into Recogne. accordingly.

Jacob Bousman— John Ormsby. order’d. a writ to stay
Waste. Isue.

James Boys v John Atkins. then came a Jury towit. Za-
dock Wright Hugh Stirling James Quick John Vanater, Will-

jam Redick. Willm. Bruce Jacob Bousman John Springer

(266)

Gabriel Cox Skiner Hutson Garsham Hull John Marshall.
Verdt. for Plaintiff, Judt. L 30.

Enock Enis v William Hoglan. then came the same Jury
as before. Verdit for pt. Judmt. for I. 12.16.

Rich’d. McMahen v Paul Matthews. ‘Then came the same
Jury as before. Verdit. for pt. Judmt for L 73.10.

Ordered that James Innis, Thomas Gist, Thomas Warren,
Hezekiah McGruder, James Eager, David Ritchie, Henry
Taylor, Benjaman Johnston, Samuel Semple, Charles Wheeler
Jacob Bouseman, Joseph Scott James Ewing, Samuel Johnston,
William Lea, Andrew Heath, John Robinson, Thomas Moore,
Jacob Beeson, Reuben Kemp, and Walter Wall be recom-
mended to the Governor as proper persons to be added to the
Commission of the peace, and that the Clerk certify to the

418

(267)

ANNALS OF THE CARNEGIE. MUSEUM.

Govenor of the Names of those persons now named in the
Commission of the peace who refuses to serve.

Ordered that Joseph Bealor & John Canon be recommended
as proper Person for Corenors for this County.

On the petition of Dorsey Pentecost siting forth that he is
desirous of Building and compleating a water Mill on the
Eastern branch of Churteers Creek, and that he owns the lands
on both sides of the Creek so that no person will be Effected
by the overflowing from his dam. Ordered that the sd Pente-
cost have leave to build and compleat a water mill at the place
aforesaid according to law.

Administration of the Estate of William Fulks decd. is
granted to his widow Anne Fulks she having complied with
the Law, and that Samuel Beeler Joshua Meeks, Garshom Hull
and John Hull or any three of them Appraise the sd Estate.

John Dean proved to the satisfaction that he served as a
soldier in a ranging Company in the late war between Great
Britain and France and continued in said Service until regu-
larly discharged. Ordered to be Certified.

David Livingston being bound in recognizance and no prose-
cutor appearing ordered to be Discharged.

Ordered that Wm. Bruce Capt, James McMahon, Lieut.,
Joshua Carman, Ensign, be recomd. as proper persons to serve
as Officers of Militia.

Ordered that Thos. Rigdon, Lieut Andw. Nigh proper
person as Lieuts. of Militia.

The Grand Jury found the following Bills Vizt. vs Joseph
Cox, for an assault on the Body of John Eliot ; one against
John Reed for Forgery being called pleads not Guilty, Where-
upon the said John Reed with Hugh Sterling and Zadock
Wright, his securities, held, himself in Ten thousand pounds
the securities five thousand pounds each, for the appearance of
the sd. John and answer to a Bill of Indictment Exhibited
agt. him. and the said Joseph Cox held in the like sum of
Ten thousand pounds and Hugh Sterling and Alexandr Eady
his securities in the like sum of five thousand pounds Each for
the sd. Josephs appearance to answer as afores’d.

Jesse Beezon and Robert Davidson appointed Constables,
som’ed before John McDaniel Gent. to be Qualified.

(268)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 419

The Grand Jury present the following Bills. against Garsham
Hull: for an assault on the body of John McDonald N. G. ;
against John Brackinrig an assault on Mary Spear, order a
Capias Isue; against Do. assault on the Body of Jas. Spear,
Cap. ; against Joseph Parkeson assault on the Body of Sarah
Jacob. Cap. Isue.

Garshom Hull with Richd. McMahen & John Dean his
securities come into Court and entered into recognizance for
his personal Appearance at the Next Court to answer a Bill of
Indictment exhibited agt. him, held in Then thousand pounds
his Securities in five thousand each.

The Grand Jury found a Bill agt. Garshom Hull for an assault
on John McDonald Gent. Ordered that Capias Issue.

Ordered that Court be adjourned to Court in Course.

SAMUEL NEWELL.

At a Court held for Yohogania County June 26th 1780.
Present Samuel Newil, W™ Harrison Joseph Becket Oliver
Miller W™ Goe, Present.

Alias Capias
Keykendall v Deckart. Imparlance.
Boxton v Peas P. C.
Caldwell v Wray P. C.
Masters v Benet P. C.
Cresops, Exrs. v Power agred. G. Brant, Cost.
Keykendal! v Creghead C O.
McDonald v Clerk P. C.
Johnson v Evins CO
M°Gee v'Gambol PP. C.
Taylor v Applegate C. O.
Sterling v Beevers. CO
Campbell v Quick P. C.
White v Williams P. C.
Crawford v Yates disctd.
Boxton v Norris, P. C
Enis v Spencer P. C
Leamon v Mattocks C. O.

420 ANNALS OF THE CARNEGIE MUSEUM.

Appearances.

Smallman v Irwin A. C
Same visame AC
Applegate v Evins A. C.
Hutson v Whitacre A. C
Ward v Broadhead CO
Fleming v Cooper A. C
Holladay y Beever A.C
Moor v Taylor. A.C
(260) tee Eliot. v-Coxa iG. ©
Steret v Hutson A. C
Leaman v Holladay A.C
Barrackman v Raymon A. C
Crow v Humble disctd.
McDonald v Hull A.-¢
Protsman v Lypolt A. C
McMachen v Bruce C. O
Elirodiy Hart. A.1C
Onsetler v Humble disctd.
Seal v Whitacre Do.
Spear v McIwain A. C
Nesbit v Harden A. C
Provines v Froman C. O
Gilfilin v Tygart A.C
Cuningham v. Louderback A. C
Keykendall v Matthews C. O M®*: Holaday. A Bail.
Warrin v McKenzey Disctd.
Hutson v Deckart C. O
Bradin vy Vanater’ -C, O
Roleston v Robins C. O
Keykendall v Fokes C. O
Walker v M*Machen & Wife C. O
Farrin:v; Keykendall -€: O° Rt) McKee “A.B.
Vanater v Braden C. O V™ Swearengen A. B.
Smallman v Peterson A C
Brown v McCurdy A.C
Gambol v Beall A C.
Keneday v McCollolloige disctd.
Crow v Williams C.O Aw. Pierce A. B.

(270)

MINUTES OF CoURT OF YOHOGANIA COUNTY. 421

Smallman v Broadhead. C. O
Smallman v Duncan C. O

Same vs same C. O

Morry Boyd v Humble C. O leave to amend writ.
Ward v Broadhead C. O

Crawford v Sharp A. C

McMachen v Evins C. O

Brady v — & wife dismisd.

Williams, Asse. v Crow C. O Joshua Wright A. B.
Records vy Thomas C. O

Williams, Asse. v Crow C. O
Williams, Asse. v Crow C. O J* Wright A. B.
Boice vy Workman. C. O

Cox v Campbell & wife

McAdams v Rarden A. C

Cox & wife v Walker A. C

Jacobs v Parkison. disctd. P. for Cost.
Pentecost v McAdams _ disctd.
MclIlhose v Colvan C. O

Paterson v Moor A. C

Sweringen v Fryer C. O

Sweringen v Brooks Imp.

Clerk v McDonald C. O

Pegg v Evins C. O

Appelgate v Evins C. O.

Cox v Davis & wife A.C

Cox v Thompson A. C

McMachen v Leamon_ discontd.
Campbell v Blackman A. C.,

Beever v Mayhall A. C

Same v Miller Sen. &x. A.C
Hopkins v Johnson disctd.

Mathews v McClain A. C

Blackman v Peirce A. C

Same v Campbell A. C

Willson v Blackman A. C

Blackman v Willson A. C
Bonom v Sapington A. C

Boling v Wills A. C

(271)

ANNALS OF THE CARNEGIE MUSEUM.

Johnson v Lindsey A. C

Campbell v Totton A. C

Same v Scoot A. C

Campbell v Blackman A. C

Ross v Blunck A. C

Pierce v Hogland_ discontd. Cost pd.
Keykendall v Colvin A. C

Spivas v Record A. C

Sweringen v Burrace C. O
Harrison v Stuart A. C

Downer v Lawson. A. C

Anderson & Tod v Gibson C. O
Grahm v Boys agreed.

Mitchel vy Downs. C. O

Fokes v Boley C. O

Fife v Holladay. C. O

McColley v Hogland agreed.

Newil v Irwin Imparlance.
Commonwealth v Lindsey. C. O
Comvy Elis A.C

Same v Pelton A. C
Anderson v Darby A. C
Vanater v Graham & wife C.
Jacobs v Workman & wife A.
Clark v M%Donald_ A. C.
Vanater Asse. v Creghead A. C
Masters v Benet A. C
McDonald v Clark A. C
White v Williams <A. C

Tittle v Cherry C. ©

Peters v Crow A. C

Peters Assne. v Same A. C
Same v Same A. C

Andrew v Singers A. C

Vance v Williams discontd.
Thomas v Egerton &c A.C
Gumbwill v Bell A. C
Downer v Waller A. C

Bruce v Mattocks <A. C

(272)

MINUTES OF COURT OF YOHOGANIA COUNTY. 423

Romine v McKinzey discontd.
Ward v Robertson. discontd
Records v Postelwait. Imparl. Jh. Alexr. S. B.
Miller v Vanater C. O
ODonald v Williams CO
McCleland v Beelor A. C
Redock v Irwin A. C

Humble v Crow A. C
Dunlavy v McAdams C. O
Campbell v Boley C. O
McDonald v Hull A. C.

Hall v Appelgate discontd.
Spencer v Cills A.C

Wallers v Hatfield A. C
Conal v Vanater C. O

Cook v Hardin A.C

Quick v Vanater C. O

Miller v Burns C. O

Kelly v Campbell A.C
Hammon v McClain A. C
Jacobs v Parkeson A. C
Justice vy Frame Impalnce.
Springer v Tygart A.C
Richie v Parkeson A. C
Chamber v Evalt C. O

Fokes v Boley A.C

Duglas v Henderson Contd.
Frame v Justice C. O

Vanater v Stockwell contd.
Jacobs v Parkeson A. C.
Edward Mills v Jackman A. C
Elis v Johnson A. C

Barnet v McDowell A. C

Hill v Lyday Contd.

Same v Same _ Contd.

Adams, Assne. v Richards C. O
Same v Same C. O

Thos. Cummin v Jas. Beggs, A. C
Paterson v Custer agreed

(273)

ANNALS OF THE CARNEGIE MUSEUM.

Nighv Anderson A. C
Hurley v Pharlon C. O
Grubb’y, Carter AceC
Briscoe v Appelgate <A. C

Attachment, W™ Crawford v Benjn. Wells. Attcht two
steers three Cows two mares two colts two two-year Olds two
Hogs two Smooth guns one Shot Pouch & a Poder horn.
Judmt. & O. Sold.

Chancery.

Bouseman v Ormsby. Injunction bill.
Indictments at issue.
C. W. vs Gresham Hull. Assault & Battery.
vs Jno. Reed. Misdemeanor.
vs Joseph Cox. Assault and Battery.

Ordered that the Certificates Granted Alexr. Fowler, Assne.
of Lieut. George Brooks, of Lieut. Butler Stubbs, of Anguish
McNeil, of Henry Dolway, himself as Lieut., served in the
Last war & Reduced upon halfe pay be properly certified.

Benjn. Johnson Produced a Commission of Depy. Surveyor.
Commission Read & sworn in.

W™ Johnson Produced a Commission as Depy Surveyor it
being read & sworn to accordingly.

On the Petition of Joseph Saxton setting forth that he is in-
firm & not capable of git his living. Ordered that he be al-
lowed one Hundred Dollars for one Month & that the Sheriff
pay it out of the Money deposited in his hands.

The last will and Testement of John Blakley deceased proved
by the Oath of John Wright one of the Subscribing witnesses.
On R.

Robert Blackley took the Oath of Executor of the Last will
& Testement of John Blackley decd., he having Complied with
the Law.

Ordered that John Bougher, Thomas Morehead, Samuel
Holms & Thomas Fasithe or any other three of them being
first Sworn do appraise the personal Estate and slaves if any of
John Blackley dec’d, and make return to the next Court.

(274)

MINUTES OF COURT OF YOHOGANIA COUNTY. 425

Peter Nesewanger being charge before the Court for wilfully
exhibiting a melitious and Scandelous Lybell, Ordered that he
give security to answer the next G. Jury, to be held in L 20,-
ooo. and two suretys of L 10,000, W™ Beagle held in L 1000,
with Joseph Warner his securty L 1000, Matthew Beazle held
in L tooo, with W™ Beazle his secuity held in L 1000, Hugh
Gundy with John Whiston his Security held L 1000, James
Freeland held in L 1000, with Andrew White his security

held
L Andrew White held in L 1000 with James Freeland his

Security held in L 1ooo. for their appearance at the next G.
Jury Court to Testify against the aforesaid Peter Nesewanger.
Duglass v Henderson. W™ Frye S. B. & Impl.
Mordaicai Richards and Stephen Richards took the oath of
Executors to the Estate of Stephen Richards Deceas’d, they

having Complied with the Law.

Ordered that John Fossit Chas. Morgan, Richd. Boyce and
Jacob Long or any three appraise the sd. Estate and make
return to next Court.

Ordered that Summons Isue for Benj. Pegg and Catherine
his wife to attend at the next Court to give farther Security
for the administration of the Estate of Francis Hull deceas’d. on
the Complaint of David Williams one of the Securities for the
sd. Administration.

Inventory and appraisement of the Estate of Francis Hull
decd: returned. @. R.-

Frome v Justis. Robt. Henderson Spl. B. & Imp.

On the petition of James McGoldrick seting forth that he is
desirous of building a water Mill on Becks Run and that the
land on each side belongs to himself so that no person will be
effected by the overflowing from sd. Dam, Ordered that he have
leave to build and Compleat a water mill on sd. Run according
to Law.

Ordered that John Decker be summoned appear at the next
Court to shew Cause why he Detains Elizabeth the Daughter of
Jacob Kuykendall and that he bring the sd Elizabeth with him
before the Court as aforesaid.

John Springer — Michael Tygert. Henry Kasey S. B & Imp.

Richd. Burns Sworn D. Sheriff.

(276)

ANNALS OF THE CARNEGIE MUSEUM.

Ordered that Paul Mathews be allowed two Thousand Dol-
lars for Erecting a Whiping post Stocks and Pillory.'

Gentleman deposetied

W™ Goe, One hundred & fifty Dollars.

Oliver Miller Do. Do.

Joseph Becket One Hundred

Dorsey Penticost One Hundred

Samuel Newil One Hundred
to be Deducted out the money when Levied by the Sheriff.

Ordered that Court ajourn till Court in course

WILLIAM GOE.

At a Court held for Yohogania County on the 24 day of
July, 1780.
present Sam]. Newil, Joseph Becket, Joseph Beeler & Oliver
Miller.
Appearances.

Jno. Ryan vs Peter Neiswanger. ‘Trespass Case. C. O.

Samuel Cuningham v Conrod & Andrew Louderback, Benjn.
Keykendall, S. B.

Ann Roleston appeared in Court in Consequence of a Sum-
mons & confest having a base born Child & paid the fine 50 s.
Lodge in the hands of Sam]. Newil, Esqr.

Alexr. Steel appeared in Consequence of a Summons & con-
fest the Crime of swearing four profain oath. 20s. Lodged in
the hands of Samuel Newil, Esaqr.

Robert Sheerer bound in the sum of L too00 & Philip Tabor
in the sum of L 5000 his security to appear at the next G. Jury
Court to testify for the State against Skiner Hutson, Minor
Asterges.

Minor Asterges & Larince Roleston his Security bound in
the sum of L 20,000 & his security in the Sum of L 10000 to
appear at the next G. Jury Court to answer to what may be
objected against him by the State.

Alexander McIntire bound in the sum of L 1oooo & John
Wall his security in the sum of L 5000 for his appearance at the
next G. Jury Court to testify for the State against Skinner
Hutson.

1 See Introduction.

~I
~~

~l

MINUTES OF CouRT OF YOHOGANIA COUNTY. 42

Philip Tabor v Thos. Applegate.

Then came a Jury, towit. Alexan. Steel, James Spear, Benjn.
Pegg, Jacob Knight, Archibell Hull, John Boley, David
Philips, Paul Mathews, Sampson Beever, David Richie,
Robert Creghead, Edward King, W. Enqy, Judg. & Damage
Pict75, elit.

Commonwealth v Ann Rardin, Nole proseque. fees paid.

Thos. Smallman Sheriff Protest against th Goal.

Ordered that Court adjourn till Court in Course.

SAMUEL NEWELL.

At a Court held for Yohogania County, Augt. 28, 1780.

Present Edwd. Ward, Joseph Beelor, Richd. Yates, George
Valandigin, Oliver Miller.

Richd. McMachen v James Bruce. Judgt. Wrt. of Enqy.

Same _ v Arnold Evins. Judgt. Wrt. of Enqy.

George Valandigin produced a Commission of Col. of
Militia & Sworn to accordingly-

The last will & Testament of Abington George Colvin proved
m Court. +O.) RK.

John Miller is exemted from paying any future County tax.

At a Call Court held for the tryal of John Jackson for Pass-
ing Counterfeit Continental Money.

Com. Wealth v Jackson by Evidence of Daniel Appilgate &
Joseph M*Cune the sd. Jackson is acquited.

23 forty Dollar Bills ) Counterfeit lodged in the hands of

7 thirty Dollar Bills! Andrew Heth.

Ordered that Exn. Isue Hugh Brady agt. Sampson Beever
David Steel & James M*Mullin on the Repleve. Bond given
by them to replevy the effects of Sampson Beever on a Judgt.
obtained by Hugh Brady & that it be indorsed no security or
bail be taken.

Commonwealth v Garsham Hull. Jmdt. N.G. Joinder.

Commonwealth v John Brackenrig Indt. ) Ne Geetha:

same Vv same Indt J :

Recognizance for John Brackenrig appearance at the Grand
Jury Court, himself in two Thousand five Hundred Pounds
upon each Inditiment & his Security W" Mayhall in the Sap =
Sum. SOs / y

Roy 0°" ox ax

428 ANNALS OF THE CARNEGIE MUSEUM.

Ordered that Summons Isue for Mordecai & Stephen Richard
to give fresh security for the Estate of their Deceased father
Stephen Richards.

Ordered that Summons Isue for Agness Stille to give fresh
security for the Estate of of her deceased husband Jacob Stille.

Commonwealth v Joseph Parkeson, Ple’d. Guilty Jud’t &
dam’g. for Plf. L 300. David Richie security for fine & fees.

Commonwealth v Elizabeth Deckart Came into Court &
Confest herself of haveing a base born Child & paid 50 s. fine.
pd. to Richd. Yates, Gent.

Commonwealth v Sarah Jacobs, Came into Court & confest
herself of haveing a base born Child & paid 50s. fine. pd. to
Richd. Yates Gent.

Commonwealth v Mary Boyd Came into Court & Confest
herself of haveing a base born Child & paid 50s. fine. pd. to
Richd. Yates, Gentn.

Commonwealth v Catharin Develin failing to appear being
sum’d. & return’d ex’d. Judgt. for 50s. fine & the fees thereon
accruing for haveing a base born Child.

Commonwealth v Ann Walker failing to appear being sum’d
return’d Ex’d. Judgt. for 5os. fine & the fees thereon accruing
for having a base born Child.

D’d. Richie v Jos. Parkeson ) Imparlance.

same v same \ Apearances John WallS. B.

George Brown v Hugh McCrady. Apearnce, Nathaniel
Blackmore S. B.

Jacob Knight v Tobias Wood Apearance. Mos. Holla-
day S. B.

(278) Michael Burk v Jacob Knight. Appearn. John Brotsman
SB.

Bill of Sale. W"™ Long to Morris Kaho. Acknowledged
by W™ Long and O. R.

Commonwealth vs James Dornin, Recognizance for his
appearance at next G. Jury Court, himself in L 5000 & Thos
Timons & Joseph McKinnen in L 2500 Each.

Commonwealth v Mordecai Richards. Recognized in the
sum of L 5000 to appear at the next G. Jury Court & his Se-
curities John Leamon & W™ Mayhall in L 2500 Each to pros-
ecute Jas. Dornin.

oer.

| o

MINUTES OF CouRT OF YOHOGANIA COUNTY. 429

Commonwealth v Jeremiah Morgan, Robt. Peat & Stephen
Richards. Recognized to testify for the Commonwealth at
the next G. Jury Court against James Dornin, each in L 3000.

Ordered that Court ajourn till Court in Course.

Epwp. WARD.

[Here six leaves have been cut from the end of the volume con-
taining the foregoing records. But, as the entries last copied above,
closing with the signature of Epwp. Warp, are at the top of the last
page upon which there are any entries, most probably they are the
last made in the volume, which, so far as we know, is the last record
of a Court of Yohogania County, Virginia, held within the limits of
Pennsylvania.

The Epwarb WarD whose name closes these records was the En-
sign Edward Ward who surrendered the fort at the junction of the
Monongahela and Allegheny rivers, to the French and Indians on
April 17, £754, and with his small command marched back and re-
joined Washington at Fort Necessity.

Sy
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PN NALS

i OF THE

Soe Ve Gl MUSE UM

VOLUME II. NO. 3.

EDITORIAL.

THE present portion of the second volume of the ANNALS goes to
press in December, owing to unavoidable delays in getting out the
preceding part of the ANNaLs. ‘The publication of the Records of the
Old Virginia Courts which claimed jurisdiction in western Pennsyl-
vania has excited a great deal of interest in many portions of the
United States, and the editor feels that a genuine service has been
rendered to the cause of historical and genealogical research by com-
mitting to the printed page these old documents which throw a great
deal of light upon the early history of the settlement of the region of
which Pittsburgh is the metropolis. While the publication of the
long lists of names of those who were concerned in law suits may to
the casual reader appear to have been scarcely necessary, nevertheless
these apparently dry and barren records furnish in many cases _ posi-
tive information as to the presence in the region of persons from
whom are descended many of the inhabitants of the Ohio Valley.
The editor is in receipt of letters from various persons high in station
throughout the land expressing their gratitude and reporting that they
have been able to settle definitely to their own satisfaction a number
of questions of a genealogical character which have puzzled them
heretofore. It is the intention of the Museum in the future from
time to time to publish other historical documents which will serve to
illustrate the story of the past.

431

432 ANNALS OF THE CARNEGIE MUSEUM.

ProFressor C. V. HARTMAN returned in the latter part of Novem-
ber from Costa Rica. His labors have resulted in the acquisition by
the Museum of what is undoubtedly the largest collection of Costa
Rican antiquities in the world outside of San Jose, the capital of that
country. He purchased the collection of Padre Velasco, as has
already been stated in these ANNALS, and which is temporarily on
deposit in the Museum of the University in Philadelphia. He
secured from the same source a second collection scarcely inferior in
quality to the first, and was enabled to purchase the magnificent
Troyo collection. As the result of excavations and explorations con-
ducted by himself personally he was able to add a vast amount of
material to that contained in the great collections which he secured
by purchase. Over eighty large crates and boxes containing speci-
mens have been received at the Museum through him, and when the
collections are at last finally arranged and placed on exhibition the
Carnegie Museum will be able to point with pride to the result of the
work done during the summer and fall of 1903 in Costa Rica.

THE Museum has added very greatly to its collection of ethno-
logical material representing the Indians of the plains. During the
last few months fine collections gathered together under the super-
vision of Mr. George A. Dorsey of the Field Columbian Museum have
been acquired. Objects representing the life of the Indians of the
plains are rapidly disappearing and it is important that while such
collections can be secured they be obtained and placed in the per-
manent custody of our larger museums. ‘The most notable of the
collections secured by the Carnegie Museum is a collection illustrating
the manners and customs of the Crows.

THE Prize Essay Contest has just been brought to a close as this
part of the ANNALS goes to press. Nine hundred and thirty-eight
pupils from the schools of Pittsburg and Allegheny entered the com-
petition, a larger number than in any former year.

THE expeditions sent to the West to prosecute paleontological re-
searches have all returned and the results have been gratifying both in
the quantity and the quality of the material obtained. ‘The collec-
tions, which required two box cars to transport them to the Museum,
were made in Montana, Wyoming and Kansas.

EDITORIAL. 433

The Bayet collection has been brought in safety to Pittsburgh from
Brussels and is in storage awaiting the time when it will be possible
to place it on exhibition. There is at present no room in our
crowded halls to display this beautiful assemblage of specimens.

PRoressoR A. E. ORTMANN is engaged in classifying the large
conchological collection belonging to the Museum. ‘This work is
being done at No. 419 Craft Ave., the house which the Museum has
been compelled to rent temporarily in order to furnish elbow room
for the staff. Mr. J. L. Lockwood has been added to the staff of the
Museum in the section of Zodlogical Preparation. Mr. J. A. Shafer
at the beginning of November, severed his connection with the
Museum in order to accept a position tendered him by Dr. N. L.
Britton of the New York Botanical Gardens. The vacancy thus
created has not been filled as yet.

VII. .OSTEOLOGY OF (OXY DACTY EUS:

A New GENuS OF CAMELS FROM THE LOUP FORK OF NEBRASKA,
WITH DESCRIPTIONS OF ‘Two NEw SPECIES.

By O. A. PETERSON.

The material upon which the present paper is based, was collected
by the writer during the season of 1901 from the upper Loup Fork
sediment near the source of the Niobrara River, locally known as the
Running Water, in Sioux County, Nebraska. After a careful study
of this material the present writer is of the opinion that a new genus
and at least two new species are represented.

Oxydactylus longipes, gen. et sp. nov.

The type (No. 918)' of this new genus and species consists of the
skull, lower jaws, complete cervical region, five dorsals, and a few
ribs, four lumbars, the sacrum and pelvis, the right scapula, proximal
end of the ulna and radius, the unciform, magnum, and second row
of phalanges, the right femur and distal end of the left femur, both
tibiae and the hind feet practically complete. I have selected as the
cotype a second skeleton (No. 886) which pertains to a somewhat
smaller individual, but evidently belonging to the same species. It
was found in the same geological horizon and at the same locality and
consists of the following material: Skull, lower jaws, atlas, axis, four
lumbars, sacrum, and pelvis. Excepting the scapula the fore and hind
limbs are well represented.

In addition to these two skeletons, which supplement one another
in an admirable manner, there were found, in the same locality, a
number of other skulls associated with more or less skeletal material
and pertaining to the same species. In the following detailed de-
scription of the osteology of Oxydactylus longipes this supplementary
material will be used whenever it throws additional light on the sub-
ject, but in all such instances references will be made to the catalogue
numbers of the various parts referred to.

‘Nos, refer to the Catalogue of the Section of Paleontology in the Carnegie

Museum.

434

PETERSON : OSTEOLOGY OF OXYDACTYLUS. 435

GENERIC CHARACTERS.

Dentition. — 1% C+ P$ M4.

Teeth brachyodont, superior inctsors little reduced. Noreduction tn the
premolars. The first upper molar narrower than the second, which ts
the broadest in the molar-premolar series. Third cervical vertebra the
longest in the neck: the sixth with undivided inferior lamella. Limbs
greatly elongated and slender. Trapezstum present. Metacarpals en-
tirely separated. Metatarsals separated with the exception of the palmar
processes which are codssified. Phalanges without the plantar rugosities
for pads which are present tn the recent camels and Uamas. Unguatls
high, narrow and pointed.

SPECIFIC CHARACTERS.

Cranium comparatively small. Third superior tnctsor as large as the
canine. The first superior premolar two-rooted. Molars long and
narrow. A short diastema between the third infertor tnctsor and the
canine. The fifth metatarsal present and articulating proximally with
the fourth by a distinct facet. Distally tt ts cobssified with the fourth.
The axis much shorter than the third cervical.

Superior Dentition. —In the type specimen (No. 918) (Pl. IV,
Figs. 1, 2 and 3), the first and second incisors have dropped out, but
the alveoles are open; they are each separated by a short diastema.
A specimen (No. 667) in the collection, which is referred to the same
species as the type, has the incisor teeth in position. ‘These present
characters similar to those of Poébrotherium. They are small, sub-
cylindrical in cross-section, with slightly expanded crowns covered
by enamel. ‘They show distinct wear in old individuals. This third
incisor is present in the type and is a large caniniform tooth equaling
the canine in size and similar to it in character. ‘There is a long
diastema between the third incisor and the canine ; the latter, is situ-
ated just back of the maxillo-premaxillary suture and is a strong and
slightly recurved tooth. The first premolar is separated by long
diastemata from the canine and the second premolar. It is more ob-
tuse in the present genus than in Poédrotherium. Its greatest diameter
is antero-posterior, and it is two-rooted. The second premolar is but
little reduced and is very similar to that of Poébrotherium. The
median cusp is closely fused with the anterior and posterior cusps
forming a sharp antero-posterior ridge of which the median cusp forms
the summit. The second premolar is slightly shorter antero-posteriorly

436 ANNALS OF THE CARNEGIE MUSEUM.

than the third and fourth and is fixed by two strong roots. Pm. 2 is
very similar to pm. 2, but has a much stronger internal basal cingulum
and has a deep, narrow median valley, which is subject to consider-
able variation in different individuals. Pm. + differs from the others
by having the internal crescent complete, and the anterior and poste-
rior depressions of the external surface not so deep as in pm. 2 and 3.
On the antero-external face of pm. + there is a prominent rib re-
sembling the corresponding rib on pm. * in the recent camel and
llama.

In O. longipes premolars —, 2 and + have undergone no reduction in
size and little modification in form and resemble those of Poébrotherium
and Protomeryx.”

The molars are brachyodont and closely resemble those of Pvro-
tomeryx. The first is nearly one third longer antero-posteriorly
than pm. +. The succeeding teeth increase rapidly in length,
the last molar being the longest by 2 or 3 mm. _ In width, the first
molar differs from that in the recent camel and the lama. ‘The latter
genera, especially the llama, have the first molar the widest with a
gradual decrease to the posterior portion of the last molar. In
Oxydactylus the second molar is the widest while the first is the
narrowest in the molar series. The ridges on the external face of the
molars are quite prominent especially on the last tooth. This character
is subject to individual variation. On molar 2 there are no basal pillars
such as are found in the recent camel. The molar teeth in the pres-
ent species are narrow and long, differing in this respect from another
species of Oxydacty/us which will be described later in this paper.

Inferior Dentition. — (Pl. IV, Fig. 4.) The similarity of the
superior incisors to those of Poébrothertum is repeated in the inferior
series. Taken as a whole, the inferior incisors are rather small in
comparison with those of the llama, the median pair being the small-
est. The incisors are placed nearly as close together as they are in
recent genera, and are well adapted for cropping grass: As stated
above, the superior incisors are separated by short spaces; they are
comparatively small and seem ill adapted for their required function
in feeding. It would seem that there were cartilaginous pads on the
premaxillaries which assisted to some extent at least in this operation.
The canine is very unlike that of Poébrothertum. ‘The latter has the
canine greatly compressed laterally, the antero-posterior diameter be-

2 Memoirs Am. Mus. Nat. Hist., Vol. I, Part VII, p. 422, 1901.

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 43

ing the greater, and the crown lance-shaped; while the canine in
Oxydactylus longipes is a strong, slightly recurved, and perfectly
caniniform tooth. ‘This latter character seems already to have been
present in Protomeryx the successor of Poébrothertum. ‘There isin O.
/ongipes a short diastema in front and a long one back of the canine.
The first premolar is strongly two-rooted, somewhat compressed lat-
erally and has a simple subconical crown. ‘The tooth is compara-
tively as strong as is that in Protomeryx. In Oxydactylis, as in all
other genera known from the Oligocene and the Loup Fork, the first
premolar is separated by diastemata from the canine and the second
premolar. The second and third premolars are trenchant, laterally
compressed, and are very similar to one another in character. The
third has a more distinct anterior basal cusp and a small pit on the
triturating face near the posterior edge. The fourth premolar has the
antero-internal cusp less developed than in Poédrotherium. This tooth
is widest posteriorly, the internal ridge extending backward from the
apex of the median cusp, thus forming with the external wall a shal-
low valley. This tooth on one side of the jaw differs from that on
the other, as described above, in having the apex of the median cusp
interrupted by two strong ridges, extending well down on the internal
face of the tooth. ‘The posterior valley is also less apparent. There
is a gradual increase in length antero-posteriorly from pm. ; the short-
est to m.gz which is the longest tooth in the mandible.

The inferior molars like the superior are long and narrow, and have
a general resemblance to the molars in the recent camel and the llama,
with the important exception that the basal pillars are entirely absent
in O. longipes. The fifth crescent of the third molar varies in size in
different individuals as has been observed in other genera of this
family.

The Cranium.—The exceptionally well preserved skull and lower
jaws of the type (No. 918), Pl. IV, Figs. 1, 2 and 3, deserve a rather
complete and detailed description.

For the most part the sutures are distinguishable and the skull is
otherwise quite complete. ‘The extreme posterior part of the sagittal
crest and the superior region of the supra-occipitals were missing when
collected.

The cranium is comparatively small, elongate, and narrow. The
facial region is especially long. The orbit is small in comparison
with that of the llama and more ovate in shape, the greatest diameter

438 ANNALS OF THE CARNEGIE MUSEUM.

being the antero-posterior. It is placed nearly as far back as in the
llama, and is closed behind by a bony bridge as in the latter genus.
The inclosing of the orbit seems to have been completely accom-
plished in the genus Protomeryx while in Poébrotherium the orbit is still
open.* The skull has the upper contour somewhat similar to that of
the recent camel, especially the frontals and parietals.

The sagittal crest is low, but well defined, and is nearly in line with
the frontals, as in Procamelus occidental’s.* Slight crushing has taken
place in the posterior region of the skull in the type, which in Pl. IV,
Fig. 1 gives a slightly more depressed appearance to the supra-occip
ital region, than would otherwise be the case. ‘There are cavities
below the nasals and above premolars 2 and #. ‘These cavities seem
quite a constant feature among the known Loup Fork Camelidz. The
zygomatic arch is slender and the malar process deeply notched to
receive the corresponding wedge-shaped process of the squamosal. In
the antero-superior region of the orbit there is a deep notch similar to
that in Poébrothertum. ‘This notch is also present in the recent genera,
though not so deep. ‘The crano-facial axis is straight. The occipital
condyles seem to be subject to some variation ; in some cases they are
rather high and narrow, while in others they are rounded, similar to
those of Poébrotherium. In the type the condyles are high and narrow ;
inferiorly they are separated by a groove which extends across the
accessory facets on the basi-occipitals, as in the camel and the llama.
In Poébrotherium this groove is entirely wanting, as is also the acces-
sory surface for the inferior arch of the atlas. The supra-occipitals in
O. longipes are high with prominent lambdoidal crests. The parietals
are comparatively long, thus forming a longer, but somewhat narrower,
brain case, than is seen in the llama, and more like that of the camel.
In Oxydactylus the sagittal crest is thin and much higher than in the
recent genera, and also differs from the latter in its almost rectangular
contact with the elevated inion. In the camel the superior part of
the supra-occipitals forms a broad and rather flat triangular surface
where they meet the sagittal crest, which is low and short. In general
appearance this region of the cranium of QO. /ongzpes more closely re-
sembles that of the camel than the llama.

The zygomatic process of the squamosal is short in comparison with
that of the camel and the llama, but as in the latter genera, is tapered

3 Bull. Am. Mus. Nat. Hist., Vol. X, pp. 114, 115, 1898.
4° U.S, Geogr. S.,’? Vol. IV, Part 2, Plate LX XVII, 1877, Lieut. G. M. Wheeler

PETERSON: OSTEQLOGY OF OXYDACTYLUS. 439

off to a thin point, which is received into the deep notch of the jugal.
The glenoid cavity is a broad flat plate of bone with great antero-pos-
terior extension, as in the recent camel. In the latter the articulation
for the condyle of the mandible is continuous with the glenoid process
at its internal margin, while externally the surface is interrupted by a
broad shallow groove. ‘This character is repeated in O. /ongipes, but
the glenoid process is very much less developed in the latter genus.
In the llama the glenoid cavity is much shorter antero-posteriorly and
is entirely separated from the glenoid process by the broad shallow
groove referred to above. ‘The postorbital process of the jugal meets
the corresponding process of the frontal, completely enclosing the
orbit posteriorly. Anteriorly the jugal appears to extend farther than
does that of the llama and the rugosity for the attachment of the mas-
seter muscle is more prominent than in the recent genera.

The lachrymal sutures are discernible along the junction with the
maxillary and this bone extends proportionally as far down on the face
as in the llama. ‘The large vacuity characteristic of the Tylopoda is
situated immediately above the lachrymal.

The frontals resemble those of Poébrotherium and are somewhat
shorter than they are in the llama. ‘Their widest diameter is above
the orbits. Posteriorly, they are V-shaped and are received into a
corresponding deep notch of the parietals. The supra-orbital ridges
are well marked and terminate in the downward projecting supra-or-
bital processes. Anteriorly the frontals extend no farther down on
the face than they do in Poébrothertum. The fronto-nasal sutures
present a W-shaped character, sharper than that which is found in the
llama. |

The nasals are long and narrow splints of bone overlapping the pre-
maxillaries. As is well shown in Pl. IV, Fig. 2, the posterior process
of each nasal is lance-shaped with blunt processes laterally and joins
the maxillary close to the facial vacuity, from which point the suture
extends anteriorly in a gently curved line constantly decreasing the
width of the nasals which are only 15 mm. wide at the anterior end.
On the whole, the nasals are proportionally shorter in O. /ongzfes than
they are in Poébrothertum, but much longer than in the llama.

The paroccipital processes are very close to the occipital condyles
and are long, broad, and placed obliquely to the long axis of the
skull. The auditory bulle are filled with cancellous tissue and are
relatively smaller than in Poédrotherium. Their position is somewhat

440 ANNALS OF THE CARNEGIE MUSEUM.

oblique to the long axis of the cranium and they do not crowd the
basi-sphenoid as in Poébrotherium. ‘Vhe bullz are separated from the
paroccipital processes by a heavy, rounded ridge extending as low
down as the rest of this entire region with the exception of the par-
occipital processes. The pit for the stylo-hyal is comparatively smaller
than in the recent genera, and, like that of the llama, is deep and dis-
tinctly separated from the styloid groove. On the anterior apex of the
bulla there is a sharp conical process somewhat similar to that seen in
the camel. The external auditory meatus is as large as that of the
llama and has nearly the same relative position. ‘The tympanic region
in O. /ongipes resembles that of the llama more clearly than that of
the recent camel.

The pterygoids are comparatively narrow and are not expanded
posteriorly as in the recent forms, especially the llama, but the hamu-
lar processes are nearly as well developed as in the Tylopoda in
general,

The anterior extent of the palatines can not be ascertained in the
type specimen. ‘The pterygoids are moderately long and heavier than
in the llama, ending in the hamular processes already mentioned. ‘The
posterior nares are long and narrow with the anterior border V-shaped
and extending as far as the posterior border of the third molar. The
palatine fissure between the posterior apex of the alveolar border of
the maxillary and the pterygoids is very shallow. In the llama the
posterior nares, the palatine foramen and the palatine fissure are sub-
ject to so much individual variation in position, and in some instances
also in shape, that they are of little value for purposes of classification.
Posteriorly the delicate vomer is broken away in all the specimens at
hand, but the rapidly tapering presphenoid would indicate that the
vomer has a posterior extension similar to that of the recent forms.

As in Poébrotherium and Protomeryx the maxillaries are long and
low. In front of the jugo-maxillary suture there begins a long heavy
ridge which extends well in front of the deep depression on the upper
part of the maxillary situated above premolars * and #. ‘This ridge is
entirely obsolete in the recent forms and in these this surface presents
amore regularly rounded appearance. In O. /ongifes as well as in
other Loup Fork forms the anterior part of the maxillary expands
rapidly to meet the posterior margin of the premaxillary. Thus the
facial region is constricted behind the premaxillaries. Owing to the
much more elongated muzzle of Poébrotherium the corresponding ex-

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 441

pansion of the maxillaries is more gradual in that genus. In QO.
Jongipes as well as in other Loup Fork forms the anterior part of the
maxillary expands rapidly to meet the posterior margin of the pre-
maxillary. ‘Thus the facial region is constricted behind the premaxil-
laries. Owing to the much more elongated muzzle of Poébrotherium
the corresponding expansion of the maxillaries is more gradual in that
genus. In O. /ongtfes the palatine plates of the maxillaries are pro-
portionally shallower than they are in the recent forms, and, as in the
latter, they extend well in front of the canines.

The premaxillaries are comparatively heavy especially at the supero-
anterior margin, and they are expanded laterally as much as they are
in the llama, forming an ovate and oblique narial opening. In
Poétbrotherium the superior portion of the premaxillary is much broader
than that of O. /ongifes, which again is much broader than in the
recent genera. In Poébrotherium the premaxillaries are in contact
with the nasals throughout one third the length of the latter, as is the
case also in O. /ongifes. In the recent genera there is an anterior
process of the maxillaries, which, together with a shortening of the
nasals, has reduced the contact of the latter elements with the pre-
maxillaries. The palatine plates and the alveolar border of the pre-
maxillaries are heavy to accommodate the superior incisors. ‘The
anterior palatine foramen is opposite the third incisor. In a number
of different individuals of the family Camelidze, both recent and ex-
tinct, which have been examined, the position of the anterior palatine
foramen seems to be subject to considerable variation. Sometimes
they are anterior to the lateral incisors, again directly opposite, while
they will often be found nearly posterior to that tooth.

The Foramina. — The supra-orbital canal, as in Poébrotherium, is
placed well forward on the frontal and as in the recent camel it is near
the median line. In the llama the position of these foramina is more
lateral and also more posterior. ‘The infra-orbital foramen is above
the anterior part of molar 1 practically in the same position as in
recent genera, except that in O. /ongzpes the foramen is closer to the
alveolar border. ‘The lachrymal foramen is single and situated within
the orbit as in the llama. ‘The anterior palatine foramen is opposite
incisor 2, and the posterior is situated anterior to pm. +. ‘The optic
foramen occupies the same relative position as in the llama; that is,
immediately anterior to the large opening formed by the confluent
foramen rotundum and lacerum anterius. The foramen ovale, as in

449 ANNALS OF THE CARNEGIE MUSEUM.

the llama, is separated from the lacerum medium only by a long thin
bridge. ‘The carotid canal is separated from the posterior lacerated
foramen as in the llama and differs in this respect from that of the
recent camel where the two canals have a common exit. ‘The con-
dylar foramen is located well back under the anterior edge of the ac-
cessory facet and is not visible from a direct palatine view of the
skull. The postglenoid foramen is situated posterior to the glenoid
process and is in appearance very similar to that of the recent camel.
On the superior wall, at the base of the zygomatic process of the
Squamosal there is a perforation somewhat smaller than the corre-
sponding foramen in the llama, and, as in the recent camel, it is situ-
ated in advance of the postglenoid foramen. There is a deep depres-
ion and a foramen superior to the exoccipitals similar to the foramens
found in this region in recent forms. In a direct back view the fora-
men magnum appears somewhat triangular. Its superior border is
sightly emarginated, the lateral borders being almost vertical, while
the inferior border is V-shaped and terminates in the groove which
separates the accessory facets.

The Mandible. — (Pl. IV, Fig. 1.) The mandible is long and
slender. The symphysis is long and the rami firmly united, display-
ing little or no trace of the suture, which is also true of the recent
forms. ‘The region anterior to the continuous molar-premolar series
is comparatively heavier than that of the recent genera, owing to the
presence of all the premolars. In this region there are also two slight
constrictions, one in front and one back of pm. ;, which are not
present in the recent forms. ‘The ascending ramus compares well
with the recent forms, especially the llama. ‘The coronoid process is
high, thin, and projects slightly backward at its extremity. The con-
dyles have a comparatively greater transverse extension than in the re-
cent forms. ‘There is a strong hook-like process on the angle below
the condyle, similar to that in the recent camel. In the llama this
process is less pronounced. ‘The masseteric fossa is much deeper than
in the recent camel. In size, depth, and location it is more nearly
like that of the llama.

The Foramina. —'Vhe inferior dental foramen is large and occupies
a position similar to that of the recent forms. The mental foramen
is placed low down on the jaw directly under the first premolar.

Cranial and Dental Variations in Lama huanaco. — In connection
with the dental characters and some osteological features of the

PETERSON : OSTEOLOGY OF OXYDACTYLUS. 443

cranium, it may be of interest to state some observations made upon
a series of twelve skulls of Zama huanaco, which were taken from one
and the same herd of upwards of one hundred animals, at Cape Fair-
weather, Province of Santa Cruz, Argentine Republic, South America,
by Mr. J. B. Hatcher and the writer, during their explorations in that
country.

The chief differences in structure and variations in position are
observed in the third upper premolars. In some cases this tooth on
one side occupies its natural position with its greatest diameter directed
antero-posteriorly, while the corresponding tooth on the opposite side
is placed transversely to the long axis of the alveolar border ;°> the
external face thus becomes anterior, and by wear a most peculiar sharp
transverse crest is developed on the anterior border of the tooth. In
some instances the tooth on one side has two strong fangs and is nat-
urally placed in the alveolar border, while the opposite tooth is set
crosswise in the jaw and has only a single internal root, the external
being seemingly absorbed by pm.+. In one case the third premolar
is present and well developed on one side and on the other side the
corresponding tooth has dropped out and the alveole is entirely closed.
In an old individual the third upper premolar is absent on both sides
and the alveole on one side is entirely closed, while that of the other
side contains a minute root, which, to judge from its soft spongy
character, one would be justified in saying never carried a crown.
(See Figs. 1 and 2.)

Another somewhat less noticeable character is the position of the
inferior incisors. In the majority of cases the incisors have a recum-
bent position while frequently an individual especially an old one will
be noticed with that series in an almost vertical position.°®

The anterior palatine foramen and the posterior nares are quite
variable in different individuals. The anterior palatine foramen is
sometimes long and narrow and either somewhat anterior to the lat-
eral incisor, directly opposite to it, or occupying a position posterior
to it. Again the anterior palatine foramen may be shorter and
broader, more oval in shape, and vary in position, with reference to
the lateral incisors.

5In one case the fourth premolar has this transverse position while the tooth in
front»of it occupies its natural position in the jaw.

6 In the collection is a skull and lower jaw of an adult female with but two incisors
in the right mandible, while the left has the normal number.

444 ANNALS OF THE CARNEGIE MUSEUM.

variable, especially as to

The posterior nares are most remarkably
ped to a wide U-

their shape, which ranges from a narrow lance-sha

J \\\ R
We i al ELE

BiG a 2r.

HMiGse Wis

guanacos taken from the same band,

Fics. rand 2. Palate views of skulls of two
kable individual variation in dental

at Cape Fairweather, Patagonia, showing remar

and cranial characters.

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 445

shaped anterior extremity. The position of their anterior border is
also variable. Furthermore, the palatine fossa in different individuals
varies in depth. (See Figs. 1 and 2.) Other differences might be
pointed out, but they are less noticeable and are not very likely to
be used in distinguishing one species from another.

From the observations noted above it may easily be seen how mis-
takes are unintentionally and sometimes unavoidably made in refer-
ring fragmentary material to the proper species or even genus.

COMPARATIVE MEASUREMENTS OF THE SKULL AND TEETH.

O. longipes. CC. bactrianus. L. huanaco.

Greatest lenoth) of skulle. s.7..0cescssssuscenses-sese 340 mm.7 540 mm. 305 mm.
Occipital condyle to apex of premaxillaries...... 315 mm. 496 mm. 287 mm.
Greatest expanse of skull at postorbital processes 126 mm. 241 mm. 150 mm.
Beene Of sapittall Cresty.c..<s, .cessceseesocce senses eee 95mm.7 100 mm. 45 mm.
Benoth of nasals, median liné,..........0.s2..e+0 98 mm. 45 mm.
Length of palate from posterior..................06
Length of nares to apex of premaxillaries........ 182 mm. 281 mm. 150 mm.
Greatest breadth of palate including alveolar

OKC CTSA tM yee cock ce acetehemicce once en emaes 85 mm. 154 mm. 85 mm.
Greatest constriction of palate back of pm. I.... 20 mm. 31 mm. 17 mm.
Length of continuous molar-premolar series...... 102 mm. 152 mm. 70 mm.
Length of diastema between incisor 3 and the

BANUITL EVE: vocience avis Goow te we scat sorivenioes eee cbanctere 13 mm. IO mm. 18 mm.
Length of diastema between canine and pm. I.. 14 mm. 25 mm.
Length of pm. I antero-posteriorly ................. 9 mm.

Length of diastema between pm. I and pm. 2.. 18 mm.
Distance from canine to continuous molar-pre-

PAGIATISEIICS se cen sawous dovatescaee seandwiarsiew sins coee 40 mm, gI mm. 55 mm.
MEMORY. 2 <9 cosas 05s descekicdedesusadescc dese II mm.
Bereatest breadth of pm. 2 ..........0..0.s01sseeesees 6 mm.
Bememecrrengtll, Of pm: Sy 0.20) <2 acbdsecaccsoss0cessce I4 mm. 16 mm.
Beaten’ breadth Of pm. 3.2... .c..c-ccecs ci vecsoncee 20 mm. I5 mm.
BeeeeeeE CH DCH OF PM. 40.20... .:cscecenescsnees oscwns 14 mm. 23 mm. IO mm.
Meeatest Dreadth Of Pmt. 4... ..scceeescssecveesees 10 mm. 22 mm. 13 mm.
Mereatest length of m. 1................cecesesseteteess Ig mm. 34 mm. 16 mm.
BemeCUDIeathy Of M1. Lo .s.c.scccescsc'es ease sadedeeve 16 mm. 31 mm. 2I mm.
Bere eNO th Of A, 2.02: ccccscacesstes sasvedeset's 23 mm. 44 mm, 21 mm.
Mmentest Dreadth Of UM: 2.......s..0..cseecoscescsceses 20 mm. 31 mm. 21 mm.
BRUGTESE LONP EH OF T1...3.....0..2sccccccoesscevedcsvacce 25 mm. 45 mm. 26 mm.
SeeeseSh DICAGtIO£ IM. 3.....s.c-c.ceseasdevscrdsees 20 mm. 25 mm. 20 mm.
Distance from apex of premaxillaries to anterior

margin of orbit............ Sjscumeeae Aeasese ances 1S0 mm. 250 mm. 165 mm.

7 This indicates the length measured by comparison with other individuals.

446 ANNALS OF THE CARNEGIE MUSEUM.

Distance from anterior margin of orbit to supra-

OCcipitalss nc ware-cce Meee scsoscese tee sehoneeotees 170 mm. 285 mm, 156 mm.
Antero-posterior diameter of orbit.................. 45 mm. 67 mm. 50 mm. .
Infero-superior diameter of orbit..................45 36 mm. 63 mm, 50 mm.

Mandible.
Greatest length of mandible including incisors... 280 mm. 446 mm. 254 mm.
Greatest height of mandible including coronoid

PEO CES Si sieroisicle a’elolaie'sieia)cie'a's scoleinjetejalare'eisjoveis sis)eiaiaiere's/sjsis'e 150 mm. 225 mm, 158 mm.
Heightiof/coromoid Process..t..c-...s-s2tesscsecesn ees 48 mm. 77 mm. 50 mm.
Wepthkotsramusiatims3) vessscceeseesneesesckew ask <8 48 mm. 67 mm. 43 mm.
Depthvof ramus: atipmieilacsee-tsesuee- ese cessssseees 25 mm. 36 mm. 20 mm.
Length of diastema between canine and pm. I... 17 mm, 30 mm.

Length of pm. I antero-posteriorly..............64. 9g mm,

Length of continuous molar-premolar series....... 104 mm. 155 mm. 73 mm.
Length of diastema between pm. I and pm. 2..... 17 mm.

Distance from canine to continuous molar-pre-

MOlan SUES: gees ceesseseeeee Wise mecmerausteatanes 45 mm. 110 mm. 63 mm.
BCH UM POM PIN: 2aaasstaai, cits, Goossen sadoncbeasebarana 10 mm.

Breadthioiiprms2racsccces, eecieewes) scee ses wasecemh vewsine 5 mm.

Wengthjotepmly3esctweaeansstaeose-cGentrcuncse eases: I2 mm.

Bread thvoipm.93 ts ccansecachtecieese Biaasieanantaaetacr 5 mm.

Menge ofapiie) Anis. wsssae esuciewnsucvesssesen assess 12 mm. 24 mm. I2 mm.
Bread thao finn in iad's.cesasseesen ss vesecedesieeosesencecene 7 mm. 16 mm. » 8 mm.
Weng thhoty pm Mile oeses eseceatseaneeaecs aaatuats dusimnesars 18 mm. 32 mm. I5 mm,
Breadthaof pit tats. .cciec se soca usoceeussems ancien eee Io mm. 28 mm. 13 mm.
Wen mthiole oni e2i gc cascascete cena tenceorcnieonsic cot acl 23 mm. 44 mm. 18 mm.
Breadthuotspmieg2 ws.tacce..cou. odecesenesousaeann en ssieae I4 mm. 26 mm. 15 mm.
Wen gthyofgpning ac. cssatosceeceinnc sce ssssoieescsavese 31 mm. 57 mm. 30 mm.
Breadthuiofipmis3 cascevsaccstascacaccossh steer Seteeees 13 mm. 2I mm, 15 mm.

The Vertebral Formula. —Vhe vertebral formula in O. longipes ap-
pears to be as follows: Cervicals seven, dorsals twelve, lumbars seven,
sacrals four and caudals fourteen (?).

In the type (No. 918), the cervical region and the sacrum is com-
plete ; there are six dorsals and four lumbars represented, but no cau-
dals. While the caudal region is conjectural the writer is firmly of
the opinion that in other respects the vertebral formula is correct, in
view of the fact that it agrees with that of the recent Tylopoda, and
was perhaps fully established in the Uinta representatives.* A skele-
ton (No. 562) which is referred to the genus Oxydaczy/us and has the
complete cervical region, the five anterior dorsals, three or four of the

8In Bull. Am. Mus, Nat. Hist., Vol. X, p. 107, 1898, Wortman describes Proty-
lopus petersont as having four sacrals, seven lumbars, and intimates that there are

twelve dorsals.

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 447

posterior dorsals, with the complete lumbar region and sacrum, all in
position and articulated by their zygapophyses save at the break in the
dorsal region affords additional evidence as to the vertebral formula.

The Atlas. —(Pl. V, Fig. 1.) The atlas is proportionally long
and narrow, in this respect more nearly resembling Poéérotherium
than the recent camel or the lama. The articulations for the occipital
condyles are deeply concave, almost meeting inferiorly in the median
line. Superiorly the notch is proportionally much narrower and some-
what deeper than in the recent forms. Externally each cotylus is
notched like that of the recent Tylopoda. ‘The dimensions of the
cotylus are nearly alike in O. /ongzpes and the specimens of the llama
here used for comparison. ‘The neural arches are also approximately
of the same height. ‘The spine is rudimentary as in the living genera.
The keel on the inferior arch well developed but does not extend to
the posterior margin as it does in the llama. ‘There is a deep de-
pression on either side of the median keel, which takes up the entire
inferior surface of the atlas. Articular surfaces for contact with the .
accessory facets of the basi-occipitals are present on the anterior sur-
face of the inferior arch, though absent in Poébrotherium.® The arti-
culation for the axis extends higher up on the arch and is compara-
tively narrower than in the recent camel and llama. This articulation
is more vertical than in the llama and is quite distinct from that in
any of the living forms.

Another character distinguishing the present genus from the recent
camels is the posterior prolongation of the ale. This seems to be the
condition also in the other genera of the Loup Fork camels. In
other respects the transverse processes are similar to those in the atlas
of the recent camel and the llama. The foramen for the superior
branch of the first spinal nerve compares well with that of the recent
genera. Its posterior opening is located at the base and on the dorsal
side of the transverse process.

The Axis. — (Pl. V, Fig. 2.) There is a striking similarity in
the height and position of the neural spine and the shape of the
odontoid process in the axis of Oxydactylus longipes and that of the
recent camel. The spine overhangs the neural canal anteriorly as in
the recent camel and extends backwards and gently upwards to the
extreme posterior, border of the neural arch terminating above in a
heavy and rugose tubercle. In the llama the spine does not over-

9 Journ. Morph., Vol. V, No. I, p. 28. ;

448 ANNALS OF THE CARNEGIE MUSEUM.

hang in front but rises more abruptly, terminating above in the rugose
tubercle, or knob, which forms the summit of the spine. ‘The anterior
opening of the vertebrarterial canal is placed well forward and has the
same lateral position as in the recent camel and the llama. ‘The ex-
ternal opening is divided by a heavy bony plate, while that of the re-
cent forms is undivided. A tendency to divide in the recent genera,
especially in the llama, is sometimes shown by a short process on the
anterior border of the opening. ‘The odontoid process has a less
spout-like appearance than in the llama, in this repect more nearly
resembling that of the recent camel. ‘The transverse processes and
the inferior keel of the axis are proportionally lighter, and the latter
is less rugose but more produced than in the came] and the llama,
the expansion of the zygapophyses in O. /ongzpes is not so great as in
recent forms.

The length of the axis in comparison with that of the third cervical
is entirely different from that which obtains in any of the living forms.
In the recent camel the axis is the longest cervical. In the llama the
axis and the third cervical are of nearly equal length, while in O.
Jongipes the axis is much shorter than the third cervical.

The Third Cervical. — The third cervical vertebra is the longest in
the vertebral series. The neural spine is proportionally higher than
in the llama, but the laminz, extending from the spine to the post-
zygapophyses as seen in the llama, are wanting. ‘The spine is lighter,
but higher, than in recent forms. ‘The anterior and posterior divi-
sions of the transverse process are nearly as well developed and occupy
the same relative position as in the llama, 7. ¢., the anterior process is
placed somewhat lower down on the centrum and is directed outward,
downward, and forward, while the posterior process is situated higher
on the centrum and is more nearly horizontal. ‘The inferior keel is a
prominent rugose tubercle and extends more downward, but is not so
heavy as that of the llama. In the type, the keel does not extend so
far forward as in the llama, while other individuals of the same genus
show a faintly marked keel throughout the entire length of the centrum.
The pedicles are deeply notched, especially anteriorly, to admit the
passage of the spinal nerves. On this vertebra, there is no visible
vertebrarterial canal. From the base of the prezygapophysis there is
a sharp ridge extending posteriorly along the pedicle for some distance,
which is similar to that in Poédrothertum and the recent forms. The
postzygapophyses are heavier than the prezygapophyses and more
expanded laterally.

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 449

Fourth Cervical. — The fourth cervical is essentially a duplication
of the third, except that it is heavier. The spine differs from that in
recent forms by being broader antero-posteriorly. It extends unin-
terruptedly backwards to the base of the postzygapophyses. ‘The infe-
rior keel is heavy and terminates in a rugose knob at the posterior
inferior end of the centrum. ‘There is no vertebrarterial canal.

The Fifth Cervical. —TVhe fifth cervical is about 20 mm. shorter
than the fourth, but heavier than that vertebra. The neural spine
more nearly resembles that of the same vertebra in recent forms being
somewhat depressed posteriorly and broad superiorly. The anterior
division of the transverse process is directed downward and forward
extending somewhat in advance of the centrum, similar to that of the
llama. ‘The inferior keel is as prominent as that of the fourth cervi-
cal. The other characters are similar to those of the latter vertebra.

Sixth Cervical. —The sixth cervical is proportionally shorter than
is that in the llama and retains the characters seen in that of Poébro-
therium. ‘The corresponding vertebra in the recent camel is remark-
ably similar in character while that of the llama is widely different.
In Oxydactylus the centrum is 39 mm. shorter than that of the fifth,
more strongly convex anteriorly, and somewhat more concave posteri-
orly than any of the preceding vertebrze. The inferior keel is well
represented. The neural spine is high, similar to that of the camel
and occupies the entire length of the superior border of the neural
arch. In the llama the spine is represented by a low heavy ridge
which is confluent with the postzygapophyses, while in Ox ydactylus
longifes and the recent camel the spine is entirely independent and
extends to the posterior margin of the neural arch. ‘The transverse
process is like that of the llama, a thin plate of bone occupying a con-
siderable portion of the side of the centrum. The inferior lamella, as
in Poébrothertum” and Camelus bactrianus, is not divided, while in the
llama there is a distinct posterior and anterior division of this element.
In the type, this lamella occupies the entire length of the inferior and
exterior part of the centrum, pointing downward and outward ; the
anterior and posterior terminations are rounded tubercles connected
by a thin and slightly emarginated plate of bone. The vertebrarterial
canal is located in the pedicle as is that in the llama.

The Seventh Cervical. — The seventh cervical is approximately 30
mm. shorter than the sixth. The anterior face of the centrum is de-

10 Journ. Morph., Vol. V, No. 1, p. 26.

450 ANNALS OF THE CARNEGIE MUSEUM.

cidedly hemispherical and the whole body of the centrum anteriorly
has a decurved position resulting ina greatly curved keel. _Posteriorly
this vertebra is restored and the characters in this region are conjec-
tural. The restored parts are indicated in the illustrations by broken
lines. ‘The anterior portion of the neural spine is preserved as it was
found in position in the rock and indicates a high laterally compressed
plate of bone similar to that of the recent camel and much unlike the
low heavy spine of the ama. ‘The anterior zygapophyses are greatly
expanded, and the transverse processes are heavy and in general char-
acter resemble those of the living forms.

Cervical vertebre are rare among the Loup Fork camel remains so
far obtained, and some disappointment is therefore met with in a com-
parative study of them. When more complete material of the differ-
ent genera and species are discovered we shall undoubtedly be able to
determine whether or not the axis, as in Camelus, is the longest ver-
tebra in the cervical series in any of the Loup Fork forms, or, if they
all, as in the Hama, had the third and fourth cervical the longest.
On the whole, the structure in the cervical region of O. /omgzpes is far
more similar to that of the llama than to that of the recent camel.
The strong downward curve of the posterior cervicals which brings
the cranium more nearly on a level with the vertebral column in
Camelus seems to have been less apparent in O. /ongipes. ‘The latter
genus probably carried the head higher than the former.

The Dorsals. —Yhere are six dorsal vertebrz represented in the
type specimen. ‘Their relative positions as determined are the first,
fifth, sixth, seventh, ninth, and tenth, assuming that there were twelve
dorsals, which was the probable number.

The First Dorsal. —'Vhe centrum of the first dorsal is approxi-
mately 18 mm. shorter than that of the last cervical, and also less
opisthoccelous. Inferiorly the centrum presents a faintly marked
median keel with strong lateral ridges. Between the lateral ridges
and the capitular facet is a deep pit or groove, which is also present
on this vertebra in recent forms. ‘The neural spine is high, laterally
compressed, and comparatively broader than that in the camel and
the Nama. The prezygapophysis and the tubercular facet together
form a heavy transverse process. ‘The prezygapophyses are greatly
expanded and are placed low down, giving a depressed appearance to
the vertebra. The postzygapophysial facets of opposite sides are
confluent. In the camel and the llama there is a decided groove
separating the two facets.

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 451

Dorsals Two to Twelve. — As before stated, there is a break in the
vertebral column of the type specimen, between dorsals one and five,
three vertebree being entirely absent. From other material (No,
562) it is evident that the second dorsal has a shorter centrum than
the first, as in the camel, while in the llama the two are about equal.
It appears that the median ridge on the inferior face of the centrum is
well marked, but the pits referred to in describing the first dorsal are
nearly obsolete. From the material at hand it is obvious that the
spine is higher and narrower than that on the first dorsal, and that it
increases in height until the fifth vertebra is reached, and in width
until the sixth, which also seems to be true in the recent forms. The
third and fourth vertebrz are apparently very similar to the second.
The postérior part of the centrum of the fifth dorsal is present in the
type and was found in position with the two succeeding vertebrz
which were interlocked by their zygapophyses when found. The
centra of these two vertebre (sixth and seventh) are more laterally
compressed, and somewhat higher proportionally than are those of
the preceding dorsals. The neural canal is moderately large. The
transverse processes are comparatively heavy, and the zygapophyses
have that peculiar continuous articulation from side to side referred to
in the description of the first dorsal. The ninth and tenth dorsals
are complete including the neural spines and present characters simi-
lar to that of the sixth and seventh. The transverse processes on the
ninth and tenth dorsals are greatly reduced. The neural spines are
broad and thin. ‘The spine on the tenth dorsal is slightly recurved
superiorly, in anticipation of the erect spine of the anticlinal or
twelfth vertebra. The postzygapophysis on the tenth dorsal has a
small groove separating the articulating facets while the prezygapoph-
yses of the ninth indicate a continuous facet. The eleventh and
twelfth dorsals are missing in the type.

The Lumbar Vertebre. —In the type of this genus the three ante-
rior lumbars are missing. The four vertebree present were found
interlocked by their zygapophyses and also attached to the sacrum.
In skeleton No. 562 the first four lumbar vertebre have their centra
of equal length, while the centra of the following vertebrae become
shorter, the last being the shortest, broadest, and most depressed in
the series. The lumbars present in the type show less development
of the inferior keels than is shown in the recent camel and the
liama, and differ from the latter genera by having strong lateral

452 ANNALS OF THE CARNEGIE MUSEUM.

ridges on either side of the median line or keel. ‘The zygapophyses
have the usual interlocking features, with evidence of the presence
of episphenial processes, although not constant throughout the series.
The neural spines have a greater forward slope than those of the
recent genera. Posteriorly and near the base the spines send heavy
laminze to each postzygapophysis, thus forming a deep triangular pit
back of the base of the spines ; a character which is almost entirely
absent in the recent camel and the llama. A great similarity between
Oxydactylus longipes and the recent forms is noticeable in the trans-
verse processes. In the type specimen these are preserved in some
instances for more than half their estimated length. The left trans-
verse process on the last lumbar is complete and is proportionally
flatter than in that of the recent genera, especially the camel, in which
the corresponding process is more nearly circular in cross-section.

The Sacrum, —(P1. VI, Fig. 8.) There are four firmly codéssified
centra in the sacrum of Oxydactylus longipes. This region of the ver-
tebral column is proportionally somewhat lighter than in the recent
forms, as will appear from the comparative measurements. The sa-
crum of Oxydactylus longipes is but very little longer, while the great-
est lateral expansion is actually less than that of the llama. The first
sacral is broad, nearly flat inferiorly, and sends out heavy pleurapoph-
yses to meet the ilium, which is supported only by the first sacral
vertebra. ‘The neural spines, as in recent forms, are very light, the
arches greatly depressed and thin, especially in the first and second
sacrals. The last two sacrals have comparatively heavy rounded spines.
and the centra assume a cylindrical form more like those of the caudal
vertebree.

The Caudals. — In skeleton No. 562 there is preserved only a single
fragment of a median caudal. Judging from the rapid tapering of the
centra in the sacrum the tail was not longer than that of the camel, or
may even have been shorter.

The Ribs. — There are in the type (No. 918) a number of rib frag-
ments, including the first rib on one side nearly complete. The gen-
eral form of the ribs resembles that of the recent species. ‘The first rib
is short, subcylindrical proximally, and considerably more flattened
and expanded distally. The fragmentary remains of the ribs indicate
that they were broad and rather thin in the anterior half of the thorax,
while they become more rod-like posteriorly. The short distance be-
tween the head and the tubercles of the ribs would seem to indicate a
rather small thorax. Nosternal bones are known.

PETERSON : OSTEOLOGY OF OXYDACTYLUS.

453

COMPARATIVE MEASUREMENTS OF THE VERTEBRAL COLUMN.

O. longipes

TEAtESC LENG UD OF ALAS. Jct cece ccs dcsescc=cecsatee cs 80 mm.
Sreatest breadth Of “atlasis...u.tec.cssdwes cotoesecn se 75 mm.
Length of atlas median line inferiorly ............ 43 mm.
Greatest breadth of cotyle.............cccsscceseeesse 55 mm.
Height of atlas posteriorly, including the inferior

RUDELGLE Ree aee Reece a eee creme iccait ean sec ass 42 mm.
Sreatesueng thrOn AXxISiesscc sc ceeecas-weeces eeeee-e 158 mm.
MeN acne CONUUMY e. <0. cmerntcecaeseeamenconsessekees 138 mm.
ength of odontoid! process........<-<cec.eseeecs--ses 20 mm.
Bxteatesm Bee Dt OL ARIS nc cee nivec ncstcoces oven deine 65 mm.
Greatest width of centrum anteriorly............... 51 mm.
Greatest length of third cervical ...................- 195 mm.
Length of centrum of third cervical anteriorly... 174 mm.
Width of centrum of third cervical................. 26 mm.
Greatest length of fourth cervical .................. I9I mm.
Length of centrum of fourth cervical.. ........... 176 mm.
Width of centrum of fourth cervical anteriorly... 34 mm.
Greatest length of fifth cervical...................0. 169 mm.
Length of centrum of fifth cervical............... 150 mm.
Width of centrum of fifth cervical anteriorly..... 34 mm.
Greatest length of the sixth cervical............... 135 mm.
Length of centrum of the sixth cervical........... 110 mm.
Width of centrum of the sixth cervical anteriorly 37 mm.
Greatest length of seventh cervical................. *TOo mm.
Length of centrum of seventh cervical............ *77 mm.
Width of centrum of seventh cervical anteriorly 37 mm.
Greatest length of first dorsal ...........0-- «s.seses0 78 mm,
Length of centrum of first dorsal................066 55 mm.
Height including spine of first dorsal .............. 125 mm.
Width across transverse processes of first dorsal... 87 mm.
Length of centrum of fourth lumbar ............... 53 mm.
Length of centrum of fifth lumbar.................. 50 mm,
Total length of centra of fourth, fifth, sixth and

SGVENEMMIUMDALS sacs soweaceeeciseeccsneor ete coees 205 mm.
icrearestilength) of SACruml,.s6..0.csssccreccecweees *I42 mm.
reatest width Of SACKUIMN .c..cchcoceeees secs css eece. 110 mm.
Greatest width at posterior end of sacrum........ 4I mm.

THE SCAPULA AND Fore Limes. (PI. VII, Fig. 1.)

C. bactrianus. L. huanaco.

105 mm.
122 mm.
61 mm.
105 mm.

75 mm.

220 mm.
ISO mm.

24 mm.
104 mm.

85 mm.

190 mm.
165 mm.

44 mm.
185 mm.
162 mm.

50 mm.

183 mm.
155 mm.
55 mm.
175 mm.
140 mm.
61 mm.
138 mm.
I15 mm.
64 mm.
I15 mm.
79 mm.

215 mm,

125 mm.
71 mm.
71 mm.

265 mm.
211 mm.
195 mm.

75 mm.

58 mm.
76 mm.
34 mm.
52 mm.

44 mm.
I2I mm.

102 mm.
16 mm.
60 mm,
49 mm.

124 mm.

IIo mm.
26 mm.

124 mm,

108 mm.
29 mm.

119g mm.

100 mm.
31 mm.

102 mm.
83 mm.
33 mm.
78 mm.
59 mm.
35 mm.
55 mm.
39 mm.

105 mm.
73 mm.
45 mm.
44 mm.

165 mm.
130 mm.
120 mm.
43 mm.

The scapula is longer than in the llama. ‘The neck is longer and
more constricted. The coracoid is proportionally less prominent, and
the spine overhangs the postscapular fossa more than it does in the
llama. In the type the spine begins 35 mm. above the glenoid cavity

454 ANNALS OF THE CARNEGIE MUSEUM.

and extends in a curved line nearly to the superior border, dividing
the blade into a greater post- and lesser pre-scapula. Superiorly the
scapula is comparatively much broader than that of the camel, which
has a long’and slender scapula with the pre- and post-scapule more
nearly equal. The acromion is broad.

The Humerus. — (Pl. VII, Figs. 2 and 3.) With the exception

of the tuberosity, the humerus of the cotype (No. 886) of this
genus is well preserved. Other material in the museum collec-
tions supplement this and the humerus agrees in its chief characters
with Cope’s description of that in Procamelus occidentalts.". Of the
latter Cope says, ‘‘ The humerus is rather slender, and is characterized
by the large size of the tuberosities. They are connected at their
bases, the connecting mass enclosing a deep fossa with the head, or
condyle. ‘The greater tuberosity is produced much beyond the head
proximally, but not much beyond the line of the anterior border of
the shaft.’’ In the cotype the head is comparatively as large as that
of the llama, and fully as convex. From material at hand it appears
that the bicipital groove is so situated that in a direct front view it
appears on one side while that of the camel and the lama is exactly
in front. ‘The deltoid ridge and hook, as well as the supinator ridge,
is fully as well developed as in the recent forms. The distal end of
the humerus is proportionally narrow, and as in Poébrothertum the
trochlea is more oblique to the long axis of the shaft and extends
higher up on the bone posteriorly than it does in the llama. In
Camelus this character is more nearly like that in O. longifes. The
internal epicondyle has a greater development in O. /ongzfes than in
the recent forms. The external epicondyle is less developed and is
more like that of the recent camels. The anconeal fossa is narrow
and high. ‘There is no evidence of a supratrochlear foramen. ‘The
appearance of the humerus aside from the greater development of the
tuberosities, compares closely with that of the llama. The deltoid
crest is turned backward. ‘The bone is light, in harmony with the
slender proportions of the limb.

The Uina and Radius.— (Pl. VIII, Fig. 1.) There is preserved in
the type only the proximal end of the ulna and radius. ‘The cotype
(No. 886) has both bones present. The two bones are as com-
pletely codssified as in the recent forms. ‘The shaft is as straight as
that of the camel and: less curved than that of the Nama. The head

CaS Geort: So... peart Uh Vols IVa pp: 53340577:

PETERSON : OSTEOLOGY OF OXYDACTYLUS. 455
of the radius is narrow. ‘The external articular facet for the humerus
is much larger than the internal, and, as in recent genera, it is not
continuous with the superior border of the sigmoid notch. The inter-
nal facet passes upward without interruption to the summit of the supe-
rior process. ‘The two facets are concave and are divided by a rounded
ridge which also extends uninterruptedly to the upper extremity of
the sigmoid notch. ‘The olecranon process is moderately long, com-
paratively light, and much compressed laterally, and is directed back-
wards and upwards from the sigmoid notch. In having the groove
on the anterior face well developed for the extensor tendon Oxydacty-
dus differs entirely from the recent camel and the llama. Poédrothe-
rium has also this groove well developed. ‘The truncated superior end
of the olecranon process of Oxydactylus longipes is comparatively
lighter than that of the recent genera. The proximal half of the
ulnar shaft is concealed by the radius when viewed from the front.
Midway the shaft of the ulna appears on the external side of the radius
and forms a sharp ridge thus broadening the shaft composed of the
combined radius and ulna which is decidedly wider distally than proxi-
mally. In the skeleton of Zama huanaco, here used for comparison,
the ulna like that of the camel has a more external position through-
out the entire length of the radial shaft. This may be due to indi-
vidual variation, since Scott says that the ulna in the llama is almost
entirely posterior in position.” In the type the bicipital tuberosity is
small as in Poébrothertum and occupies the internal border immedi-
ately below the head as in the recent forms. Distally there are three
distinct facets which are more nearly equal in width than in the recent
camel and the llama. The median and external facets are propor-
tionally wider than in the latter genera. ‘The three facets are more
oblique to the transverse axis of the shaft than they are in the llama.
The scaphoid articulation is concave anteriorly where it is more ele-
_ vated than the convex posterior part, which is carried high up on the
posterior face of the radius, conditions similar to those seen in the
recent genera. ‘The lunar articulation is wider anteriorly than pos-
teriorly and presents a subtriangular facet, which is well separated
from the scaphoid and cuneiform facets by high ridges. Like the
scaphoid the lunar facet is concave in front and convex behind, and is
reflected on the posterior face of the radius but in a lesser degree.
The cuneiform facet is proportionally narrower than in the llama, and

12 Journ. Morph., Vol. V, No. 1, p. 32, 1891.
v4 p. 3

456 ANNALS OF THE CARNEGIE MUSEUM,

as in the latter it is saddle-shaped, convex antero-posteriorly and con-
cave laterally. The pisiform articulation on the shaft is almost con-
tinuous with the cuneiform facet and is placed as high as the upper
margin of the posterior scaphoid facet. The inner angle of the radius
is as well developed in O. /ongzpes as in the llama.

The Scaphoid. — The scaphoid (No. 886) is proportionally smaller
than in the llama, but resembles it in its general characters. In the
cotype this bone is narrow transversely and deep antero-posteriorly.
The anterior part of the proximal articulation is a broad convex ridge,
and the posterior part is concave and terminates in an elevated, sharp,
hook-like border. ‘The inner side is rounded and rugose, the external
ulnar surface is a vertical plane with three distinct facets for the lunar,
which are as well developed as those of the llama, the anterior facet
near the distal end being the smallest of the three. Between the last
mentioned facet and the posterior rounded facet, there is a deep tri-
angular pit, with its broad exit directed downward. Distally the
scaphoid has two facets, for the trapezoid and the magnum. ‘The
first mentioned is a rounded concavity on the postero-radial part of
the bone and the magnum facet is flat and occupies the entire an-
terior face.

The Lunar. — The lunar (No. 886) is proportionately greater in size
than is that of the llama and the camel. ‘The wedge or beak extends
below both scaphoid and cuneiform when in position in the carpus.
The bone is as broad as the scaphoid and higher. Its antero-pos-
terior diameter is nearly as great as that of the scaphoid. ‘This is
chiefly due to the long, heavy, posterior arm, which greatly exceeds
that of the llama in size. ‘The proximal articulation is irregularly
convex fore and aft and somewhat triangular in shape. ‘The radial
side has three facets corresponding to those of the scaphoid with
which it articulates. Onthe radial and ulnar sides the lunar is deeply
excavated and the bone has an elongated vertical appearance, especi-
ally when seen from in front.

There are two posterior processes, the shorter projects outwards
and downwards on the ulnar side, abutting against the cuneiform and
unciform, the longer process extends posteriorly, slightly radially and
has a beak-like decurved tubercle which forms the apex of the facet
for the magnum. Distally the unciform and magnum facet are equal
in size and meet nearly at right angles, thus forming a wedge-shaped
beak, which is longer than is that in the llama and the camel.

PETERSON : OSTEOLOGY OF OXYDACTYLUS. 457

The Cuneiform. — As in Poébrotherium the cuneiform in the co-
type (No. 886) is high, narrow and deep, not nearly so massive as
that of the llama and has a greater concavity on the proximal artic-
ular facet for the ulna than it has in the latter genus. The convex
posterior facet for the pisiform extends somewhat farther forwards,
especially on the radial side of the bone, thus giving a shorter oblique
facet for the distal end of the ulna than is seen in the llama. The
radial side is deeply excavated and has two facets, one superior and
one inferior, the latter much less deeply excavated than is that of the
llama, which fact is due to the lesser angularity of the posterior bifid
projection of the lunar in O. dongipes. The external or ulnar face of
the cuneiform is rounded and rugose. _Distally there is a single facet,
concave antero-posteriorly, for articulation with the unciform.

The Pistform. — The pisiform (No. 886) is shorter and compara-
tively heavier than that of the llama. The cuneiform facet has a more
rounded face and equals the ulnar facet in size, while in the llama the
latter is somewhat larger. The free end of the bone is thicker and
more rugose, although not attaining the vertical depth which is seen
in the recent genera. ‘The neck of the pisiform is more constricted
in O. /ongipfes than in the Hama.

The Trapezoid. — The trapezoid (No. 886) isa rounded nodular
bone and is proportionally not sodeep as in the llama. The proximal
articular surface for the scaphoid is rounded much in the same manner
as in the recent genera. On the radial side the magnum facet is di-
vided, the inferior part being the larger, while in the llama the supe-
rior part is the larger of the two. The ulnar face is very rugose and
rounded and the postero-internal face carries an irregularly quadri-
lateral facet extending from the distal margin half way up the total
height of the bone and articulating with the rudimentary trapezium.
Distally there is one flat facet similar to that of the camel and the llama.

The Trapezium. — Vhe trapezium is a small oblong nodule greatly
resembling a sesamoid. ‘There are two facets on the trapezium, one
antero-superior which is flat and articulates with the corresponding
facet on the trapezoid ; the other facet is antero-inferior, slightly con-
cave, ovate in shape and articulates with the adhering scale-like second
metacarpal.

The Magnum. — The magnum (No. 918) is proportionally longer
antero-posteriorly than in the llama and has a greater constriction in
front of the posterior hook and rather resembles that bone of the re-

458 ANNALS OF THE CARNEGIE MUSEUM.

cent camel. Proximally the magnum articulates with the lunar and
scaphoid. The facet for the former is regularly convex and meets
the concave lunar facet. The latter is flat and irregularly triangular
in outline. ‘The cavity for the trapezoid is nearly rectangular and it
more nearly resembles:that of the camel than the llama. In the latter
genus the cavity for the trapezoid is a very oblique opening, with walls
slanting upwards and inwards. ‘The ulnar side is excavated and has
two facets, one anterior and one posterior, both articulating with the
unciform. The anterior facet is continuous with the lunar facet,
which is situated above, without a distinct dividing ridge, as is seen
in the llama and the recent camel. ‘The posterior facet is located on
the free end of the tubercle on its posterior-ulnar side. Distally the
magnum has one single broad triangular and flat articulation, some-
what recurved posteriorly, forming a blunt beak for articulation with
metacarpal three.

The Unctform. —'The unciform in the type (No. 918) is narrow and
long. ‘The great development of the posterior decurved hook-like
process greatly increases the length of the bone. Proximally the un-
ciform has two facets, the lunar and the cuneiform, which are divided
by a high sinuous ridge. The lunar facet is the larger and is deeper
than is that of the llama. The cuneiform facet is long, narrow and
irregularly curved. There are three facets on the radial side of the
unciform, the two superior facets articulate with the magnum, and the
inferior facet meets the external side of the proximal end of the third
metacarpal. The deeply excavated pit which appears in front of the
tubercle on the radial side in O. /ongzpes is represented only by a slight
cavity in the llama. In the camel this cavity is somewhat deeper but
not so deep asin O. /ongipes. Externally the unciform is rounded and
rugose. The distal articulation for metacarpal IV is slightly concave
and occupies the entire distal surface of the bone. ‘The unciform of
O. longipes more nearly resembles that of the recent camel than that of
the llama. ‘The greatly developed posterior hook on the unciform in
Oxydactylus is generally characteristic of the Loup Fork camels.

The Metacarpals. — (P). VIII, Figs. 2 and 3.) On the sides of the
functional third and fourth metacarpals of (No. 886) there are small,
flat, rugose ossicles, representing metacarpals II and V. Metacarpals
III and IV are entirely separated and proportionally more elongated
than in the recent genera. ‘The upper two thirds of the shaft is later-
ally much compressed. ‘The distal portion is D-shaped in cross-sec-

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 459

tion. The two bones are closely applied to each other with rough-
ened surfaces throughout nearly their entire length. Distally they are
slightly separated. Metacarpal III is proportionally heavier than that
of the llama. Proximally the head rises above that of metacarpal IV,
and carries four facets for articulation with the unciform, magnum,
trapezoid and trapezium, respectively. The magnum facet is slightly
concave and occupies the anterior face, while the posterior facet for
the trapezoid is more elevated and extends downward on the posterior
face of the bone. The decurved part of the latter facet, although
without a distinct separation from that for the trapezoid, serves to ar-
ticulate with the ovate-shaped facet referred to as present on the tra-
pezium. On the ulnar side, near the anterior face, there is a process
with a rounded articular face, which abuts against a corresponding
facet on the unciform. Immediately below this process is the articu-
lation for metacarpal IV. The radial face of metacarpal III is com-
paratively flat and broad, the anterior narrow and very convex. ‘The
ulnar face is flat, rough, and is closely applied to metacarpal IV.
Posteriorly the two metacarpals have prominent lateral ridges, thus
forming a wide, deep groove in the median line, which extends from
the proximal end down the shaft two thirds of its length. The lateral
posterior ridge is much more pronounced on metacarpal III than
metacarpal IV. In the recent camel and llama the posterior ridges
on the metacarpals are more nearly equal in size and the median de-
pression is comparatively shallow. Half way down on the shafts of
the metacarpals of O. /ongzfes the cross-sections gradually take on a
D-shaped form which is continued to the distal trochlea. In the early
forms referred to the Tylopoda the distal trochlea is very narrow, a
character which is retained in O. Jongipes, the trochlea being scarcely
any wider than the shaft of the bone. In the recent camel and llama
the trochlea is wide, but the carina is much stronger in O. /ongifes
than in these genera. Metacarpal IV is lighter, slightly shorter and
more angular in cross-section near the proximal end than metacarpal
III. The proximal end has a single articular facet for the unciform.
Another small facet is seen on the antero-radial side for articulation
with metacarpal III. The shaft has less depth antero-posteriorly than
that of the third metacarpal. The size of the distal end, including the
trochlea, is more nearly equal to that of metacarpal III than is the
proximal end of the bone, and the phalanges of the two digits are
about equal in size.

460 ANNALS OF: THE CARNEGIE MUSEUM.

The Phalanges. — The phalanges of the type (No. 918) are pro-
portionally shorter than they are in the recent camel and llama, and
are less symmetrical. ‘The proximal ends of the first row of phalanges
have the concave articulations for the metapodials much deeper than
those of the llama and the recent camel. ‘The grooves for the meta-
podial keels are deep and there is a nodular tuberosity on either side of
the groove on each phalanx which is well illustrated in Pl. VIII, Fig.
3. In the camel and the llama the metapodial groove is shallow and
the rugosity for the attachment of the pad extends well forward.
Distally the trochlea is deeper and more oblique than in the recent
camels, and external keels do not extend as high up on the pos-
terior face of the shaft. The phalanges of the second row have a de-
cided ridge separating the articular facets articulating with the proxi-
mal phalanx. ‘This ridge is obsolete in the recent genera. As in
Poétbrothertum the second row of phalanges are proportionally longer
than in the recent Tylopoda. The phalanges of the first and second
row in O. /ongifes do not seem to have changed any in character from
those of Poébrotherium. Cope says that ‘‘the phalanges (in Proca-
melus occidentalis) “* only differ from those of the llama in the greater
prominence of the proximal ligamentous insertions and the rather
more slender shafts.’’ If the illustration is correct in Plate LXXIV
in the publication just referred to, it is obvious that the proximal
phalanx in P. occzdentalis is like that of O. /ongzpes and without the
plantar rugosity for the attachment of the pad. ‘The comparative
length of the bone, however, is more like that of the llama than is the
corresponding bone in O. /ongipes.

The Unguals. —The ungual phalanges in O. Jongipes are compara-
tively short, laterally compressed, pointed and high; they have not
changed in shape from those of Poébrotherium while in comparative
length there seems to be considerable difference, the former genus
having the unguals more reduced than the latter. The phalanges in
O. longipes, as a whole, seem to retain characters seen in the early
Oligocene forms, while other Loup Fork genera have unmistakably
taken on these tylopod characters, such as the rugosity on the plantar
face for the pad and the general flattening of the median phalanx.

13 Journ. Morph., Vol. V, No. 1, p. 37, 1891.
LeU), 9. 'Geosr, 8. Vol-FV, Part Lp. 337, 1877.
15 Specimens in the American Museum studied by the writer.

—————

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 461

COMPARATIVE MEASUREMENTS OF FORE LIMBS AND FEET.
Mark in front of figures denotes comparative measurement made with other

individuals of same species.
O. longipes. C. bactrianus. L. huanaco.

Greatest lenoth Of SCAPUNA ....ecckceccssecssnses secs 288 mm. 477 mm. 225 mm.
Greatest width Of SCapUula..... .c.ccccscscssonecsecnese IgO0 mm. 235 mm. 155 mm.
MMC Ole NECKHOL,SCAPULA, .ccccacasccensctecsssccs see 42 mm. 77 mm. 41 mm.
Width of humeral articulation including coracoid

PedGess, OP SCR PULA ccawecy.ccassstscaseesnnda woes 65 mm. 106 mm. 55 mm.
Bivudiehy Of presCapila re... ..5....cseesasedecsscenoess 65 mm. go mm. 86 mm.
MCE OLs POStSCAPU] Aiea cssiaciscrscceeccescunenactocss 100 mm. 127 mm. 48 mm.
Bememtes tele nt Of SPIES soo..ccacc>scvscaxnoseee evs 34 mm. 50 mm, 28 mm.
iSreatest lenpth of HUMETUS...2 25. < scr. coco seceeee= se *315 mm. 380 mm. 287 mm.
Greatest length of radius and ulna ................ *440 mm. 462 mm. 347 mm.
Wadth-of'radius at the head....:.:...0sc.ccc0sse0000e 47 mm. 87 mm. 47 mm.
Width’of shaft below the head ...................+. 35 mm. 71 mm, 35 mm.
Peete te Ole CANDUS weacacse neon scc<deeesonccercecwtedncans *38 mm. 65 mm. 35 mm.
MUELC VOL CAL DUS can sovscececcdvsoet teascenteessscceaae: *5O mm, gI mm. 43 mm.
Greatest transverse diameter of unciform......... 25 mm. 36 mm. 21 mm,
Bett Of URCHONNG 5. J. cwasuessuenncvocnnuesencssecs 17 mm. 28 mm. I5 mm,
Antero-posterior diameter of unciform.,............ 40 mm. 53 mm. 28 mm.
Antero-posterior diameter of magnum............. 28 mm. 33 mm. 24 mm.
Greatest breadth of MAOTUMseresaeececaeseseseete 22 mm. 40 mm. 20 mm.
BLEIO NEON MAGNUM see esconecreesccecen stereos cecseee 16 mm. 19 mm. I2 mm.
MLO UM OLMetacanpalS.n..cscjcscaressce tows couns aces 345 mm. 330 mm. 230 mm.
Breadth of distal end of metacarpal 3............. 23 mm. 45 mm. 23 mm.
Breadth of distal end of metacarpal 4............. 23 mm. 45 mm. 23 mm.
iength of proximal phalanx. .............2-..0s..0s 66 mm. 100 mm. 77 mm.
imenpth of median phalanx... .....5.:...ecseesessose 31 mm. 65 mm, 27 mm.

THE PELVIS AND HIND LIMB.

The Pelvis. — (Pl. IX, Figs. 1 and 2.) The general appearance
of the pelvis is strikingly different from that of any of the living
camels. It is depressed, greatly elongated, and but little expanded,
being especially narrow posteriorly. In the camel and the llama the
pelvis is short and much expanded and when in position the longer
axis is inclined at a higher angle than in O. /ongzpfes. In the type
(No. 918), the most important parts of the pelvis are preserved and
they present the characters which we proceed to describe. The an-
tero-superior border of the ilium is not entirely complete but indicates

16 Measurements taken of type 60 mm. below the suprascapular border where
the bone is complete. Measurements of the other genera are taken in a correspond-
ing manner.

462 ANNALS OF THE CARNEGIE MUSEUM.

the greatly expanded condition of the ilium in this region. The con-
striction back of the surface for contact with the sacrum is similar to
that in the llama. ‘The peduncle is comparatively long, and the ace-
tabulum is deep. ‘The ilium, ischium, and pubis unite to form the
acetabulum in much the same manner as in recent forms. ‘The su-
perior border of the ischium is high, sharp, and as in the llama, has
many small ridges for muscular attachments running from the superior
margin across the entire external surface. ‘The posterior portion of
the ischium is wanting. The pubis is proportionally short and stout.
The shaft is more circular in cross-section than is that of the recent
forms. The distal end is narrow, long and thick, instead of broad
and short as in living forms. ‘The thyroid foramen is large and ovate
in shape. The elongate and narrow pelvis of O. /ongzpes contrasts
strongly with the broad and shorter pelvis of the recent species as
will appear from the following measurements of these elements in
Oxydactylus longipes and Lama huanaco. In the former the width
across the pelvis at the acetabular region is 135 mm. while that of the
latter is 165 mm., a difference which seems all the more marked when
we consider that O. /ongzfes is on the whole the larger animal of the
two.

The Femur, — (Pl. IX, Fig. 3.) The femur has a comparatively
slender sinuous shaft, subcircular in cross-section, greatly expanded
both proximally and distally and in general appearance resembling
that of the Hama. ‘The head is smaller, the ovate pit for the Zgamen-
tum teres shallower, but its position is the same as in the recent gen-
era. ‘The head is separated from the shaft by a longer and more con-
stricted neck than in the llama and camel. ‘The great trochanter is
higher, not so heavy superiorly, and has not as great an obliquity to
the long axis of the bone as in the Nama. The bridge from the head
to the greater tuberosity being rather short, the digital fossa is accord-
ingly narrow laterally, though fully as deep as is that of the llama.
The lesser trochanter is a prominent knob unlike the sharp rugose
ridge seen in the llama and decidedly more prominent than is that of
the camel. At the base of the lesser trochanter there begins a promi-
nent ridge for muscular attachment which continues downward on the
posterior face of the bone. ‘The same ridge is found in the llama and
the camel. ‘The rotular trochlea as well as the condyles are compara-
tively narrow, the external condyle being the larger of the two. The
intercondylar notch is narrower than in the llama.

PETERSON : OSTEOLOGY OF OXYDACTYLUS. 463

The Patella. —'Vhere is no patella with the type, but it is present
in another skeleton (No. 562), where it is thinner, broader, and much
shorter than is that of the lama. The superior border is the broadest
and the outline is that of a long triangle with the apex directed
downward.

The Tibia. — The tibia in O. /ongipes is longer than the femur,
while in the camel the femur is much the longer bone of the two.
In the llama the two bones are of equal length. In Poébrotherium
the tibia is apparently longer than the femur. ‘The shaft is long,
slender and straight, the lower half being suboval in cross-section.
Proximally there is a great expansion equaling that in the llama.
The articulations for the femoral condyles are broad laterally, slightly
convex antero-posteriorly, and, as in the llama, the external facet is
the larger, and is separated from the internal by the bifid spine. The
cnemial crest is comparatively heavier and extends lower down on the
shaft than does that of the llama and the camel. Distally the ex-
ternal facet for the astragalus is proportionally wider, and the internal
narrower than that of the llama, resembling that of the camel more
closely in this respect. In the latter the internal malleolus is placed
anteriorly and in such a way as to present a constriction on the an-
terior half on the internal facet, similar to that found in O. longipes.
In the llama the external facet is entirely without this constriction.
The fibular facet is comparatively smaller than in the llama. This is
especially true of that portion anterior to the groove which divides
this facet. In the type of O. /ongipes the external astragalar facet has
a pit which is comparatively smaller than that of the camel.

The fibula. —The fibula, as in modern representatives of the
Camelidz, is reduced to the malleolus which articulates with the tibia,
astragalus and calcaneum. ‘The rudimentary process of the shaft
is proportionally heavier than in the recent genera. It is trian-
gular in cross-section, terminates in a sharp point superiorly, and fits
closely into the deep groove on the external face of the tibia.

The Tarsus. —Vhe tarsus of Oxydactylus longipes, as compared
with that of the camel and llama, is higher and much narrower, as
would be expected from the lighter structure of the entire limb already
noticed. The calcaneum is much longer, but of less diameter antero-
posteriorly than is that of the lama. The free truncated end of the
tuber shows characters similar to those of the recent genera. The
fibular facet is less prominent and is placed at a greater obliquity to

464 ANNALS OF THE CARNEGIE MUSEUM.

the long axis of the calcaneum than in the camel, and is more nearly
like that of the Nama. ‘The facet for the cuboid is somewhat longer
antero-posteriorly than in the llama but the inferior projecting articu-
lar lip, which embraces the distal end of the astragalus in the camel
and the llama is entirely absent in Oxydactylus longifes. There
are no important differences from that of living genera in the susten-
tacular facet. Below the latter facet and above that of the cuboid is
an opening, but not nearly so distinct as is seen in living forms. The
groove on the posterior face immediately above the cuboid facet is
deeper than that in the llama and resembles that of the camel.

The Astragalus.— The astragalus is comparatively much longer and
narrower than that of the camel and llama. Anteriorly there is more
of a constriction and a greater separation between the proximal and
distal trochlea than in the recent genera. ‘The internal condyle is
not nearly so heavy as that of the llama, except at the posterior apex,
where it has a slightly recurved shoulder not observed in the camel or
the llama. ‘The articulation is continuous without the interruption
observed on the lateral side of the condyle of the camel. In the
llama this articulation is also uninterrupted. The external condyle is
comparatively lower in O. /ongifes than in the camel giving the bone
amore symmetrical appearance than in the latter genus. The distal
trochlea is similar to that of the camel and the llama, with the postero-
internal portion of the navicular facet somewhat more extended in-
wardly than in the latter genus.

The Cuboid. — (Pl. IX, Fig. 5.) The cuboid is comparatively
larger in the antero-posterior direction and somewhat higher than that
of the camel and the llama. ‘The calcaneal facet is long and narrow.
The astragalar facet is narrow, especially posteriorly, where the cal-
caneum takes up the entire width of the bone, forcing the conical
apex of the astragalar facet far inward, unlike that of the recent forms.
The facets on the tibial side are as distinct as in the living represen-
tatives. ‘There is a deep narrow groove immediately below the cal-
caneal facet on the posterior face extending clear across the bone, and
differing in this respect from the llama. The posterior hook is com-
paratively heavy and extends outwards and downwards, fitting against
the palmar process of the fourth metatarsal. The smaller portion of
this bifid hook is superiorly located and is a conical projection on the
tibial side with a small facet for articulation with the navicular, the
distal facet supporting the fourth metatarsal is irregularly triangular in

Ss Oe

PETERSON : OSTEOLOGY OF OXYDACTYLUS. 465

shape with a small pit on the emarginate tibial side, similar to that of
the llama.

The Navicular. — The navicular is more nearly like that of the
recent T'ylopoda than any bone in the tarsus. The astragalar facet is
concave antero-posteriorly, with an emarginated fossa in the middle
of the bone on the fibular side. On the tibial side is another smaller
emargination with a small pit ; and below the pit, is a small tubercle,
which extends to the distal face and takes up a large portion of the
tibial face of the bone. In the llama this tubercle is almost obsolete,
while the camel has it better developed. The postero-inferior rounded
facet for the cuboid is as prominent as in the camel and llama. Dis-
tally there are two facets, ‘ie ecto-meso-" and the ento-cuneiform, the
two former are divided only by a low ridge, while the latter is
separated, and placed somewhat higher on the posterior portion of
the bone and is slightly convex.

The Ecto-meso-cuneiform. — Vhe united ecto-meso-cuneiforms are
comparatively much smaller, especially antero-posteriorly, than in the
recent forms. Proximally two facets are indicated by a shallow
groove, while the distal articulation is more continuous and more
similar to that of the llama. There is only one facet for the cuboid,
the antero-fibular, near the proximal end. ‘The prominent tubercle
with the rounded facet at the free end on the fibular side which abuts
against the cuboid in Camedus is entirely absent in O. Jongipes and
the llama.

The Ento-cunetform. — The ento-cuneiform is an irregularly shaped
sesamoid with a proximal, concave facet for the navicular. Near the
proximal end on the anterior face is a rounded pit for articulation with
the slightly projecting tubercle on the posterior face of the united
ecto-meso-cuneiform.

Near the distal end posteriorly, there is a strong hook-like process
with a large facet slightly convex in all directions, which articulates
with the plantar process on metatarsal IV. In the llama this facet is
entirely absent though the tubercle is still present in a rudimentary
form. The plantar processes have become more depressed in the
llama and the tubercle on the ento-cuneiform is entirely free. Distally
and on the fibular side is a fourth facet for the second rudimentary
metatarsal.

'T Scott states that the ecto- and meso-cuneiforms are coalesced in Poébrotherium.
Journ. Morph., Vol. V, No. 1, p. 42.

466 ANNALS OF THE CARNEGIE MUSEUM.

The Metatarsals.— One of the chief distinctive characters of O.
longipes is the fact that the lateral metatarsals II and V are a little
less reduced than is ordinarily the case in the Loup Fork camels. As
in Poébrotherium"* metatarsal II has ‘‘an enlarged head’’ with an
independent articulation, which in O. dongifes is comparatively higher
than inthe llama. The bone is firmly codéssified with metatarsal III
and is supported by the entocuneiform. Metatarsal V, on the other
hand is entirely separated proximally from metatarsal IV and articu-
lates with that bone by a small rounded facet near the proximal end,
but is not in touch with the cuboid. At the base of the palmar proc-
ess of metatarsal IV, the two bones IV and V are fused leaving a
peculiar ovate-shaped foramen seen in Pl. X, Fig. 4. The functional
metatarsals III and IV are a trifle lighter than the metacarpals, but
are of nearly the same length, thus resembling very closely the typical
Tylopoda According to Prof. Scott, Poébrotherium stands farther
removed, having the metatarsals longer and broader than the meta-
carpals.

Metatarsal III is only a very little heavier than metatarsal IV, and
the lateral metatarsal II, as above stated, distinctly forms a part of the
functional metatarsal, as in the recent genera. Metatarsal III has two
facets on the proximal end. The anterior is concave and articulates
with the compound ecto-meso-cuneiform, while the posterior facet is
situated on the palmar process and is a wide shallow pit for the recep-
tion of the peculiar convex facet on the ento-cuneiform. The hook-
like palmar processes on metatarsals III and IV have become codssi-
fied. ‘These are the only parts of the two bones showing any true
coalescence and this is a constant character shown in all specimens of
O. longipes in the collection of the Carnegie Museum. — Metatarsal IV
is lighter than metatarsal III, and they are closely applied to each
other with the opposed surfaces slightly rugose and extending to within
30 mm. of these distal ends. The shafts have a slight curvature
with the midshaft turned backward. Laterally the shafts are nearly
straight and but little separated distally. Metatarsal IV has two proximal
facets which articulate with the cuboid. The anterior articulates with
the corresponding facet on the anterior half of the cuboid. The pos-
terior is on the palmar process opposite the facet on the process of
metatarsal III. On the tibial side near the anterior face is a small
facet for articulation with metatarsal III. Distally, as in the meta-

18 Journ. Morph., Vol. V, Part 1, p. 42, 1891.

PETERSON : OSTEOLOGY OF OXYDACTYLUS.

467

tarsals, the carina is comparatively strong and is confined principally

to the plantar side.

Phalanges.— The proximal phalanges of the hind feet are propor-
tionally longer than in the llama, and exhibit a repetition of the char-

acters shown in the fore feet.

COMPARATIVE MEASUREMENTS OF THE PELvis, Hinp Limp AND Foor.

O. longipes.

Pereatest Len otniOlpelviSinc-c..cer-ceecsccecteaccetsaes 300 mm,
Greatest width of superior border of ilium........ 158 mm.
Length of ilium from anterior border of ace-

tabulum to superior border..................2+ 165 mm.
Length of ischium from posterior border of ace-

tabulum to ischial tuberosity.................00 115 mm.
Heeneth! Of pubic SyMphysiSs..-ec-ces.c-0sescerseence 110 mm.
Mrneatestlenoth Ofmfemur.-.-5-c-c--eesecsectceeseeecs 382 mm.
Transverse diameter of proximal end of the femur. 79 mm.
Transverse diameter of distal end of femur....... 67 mm.
Diameter of shaft of femur in the middle ......... 30 mm,
Poreatest eng tie Olstibla.jecsesqcetesestocecceceesescce: 431 mm.
Transverse diameter of proximal end of tibia..... 70 mm.
Greatest expansion of proximal end of tibia

ANCEKO-POSLETIONLYoneasacecpecscae see sievei- seinen se 84 mm.
Transverse diameter of distal end of tibia......... 51 mm.
Greatest length of calcanéum...:.-...<cccc.--cee0cse 115 mm.
Length of tuberosity above sustentacular facet... 72 mm.
Distance from tibular facet to distal end........... 42 mm.

Breadth of calcaneum at sustentacular facet...... 37 mm.
Antero-posterior diameter of tuberosity above sus-

tentacular facet. .......7......<s. db sogc Seesieise ee ee'ce 35 mm.
Total height of tarsus from proximal end of astrag-
alus to distal end of cuneiform............... 73 mm,
Greatest height of astragalus.............cs00- s2-+se0s 55 mm.
Greatest breadth of astragalus..................c0000+ 36 mm,
Sxreatestuhercht of navicular......cc.csosereacseses+/s0 25 mm.
Sreatest height of cuneiform..........2.......0s00.00 14 mm.
Greatest length of metatarsals................06 ceeee 355 mm.
Greatest length of proximal phalanx................ 61 mm.
Greatest length of second phalanx................4. 33 mm.
Greatest length of ungual phalanx.................. 28 mm.

C. bactrianus.

19
19

420 mm.
300 mm.

255 mm.

125 mm.
138 mm.
495 mm.
135 mm.
II5 mm.

45 mm.
440 mm,

117 mm.

106 mm.
85 mm.
135 mm.
87 mm.
56 mm.
55 mm.

55 mm.

108 mm.
74 mm.
50 mm.
17 mm.
17 mm.

347 mm.
88 mm.
61 mm.
28 mm.

L. huanaco.
262 mm.
155 mm.

168 mm.
105 mm.

320 mm.
75 mm.
63 mm.
28 mm.

320 mm.
70 mm.

67 mm.
46 mm.
85 mm.
52 mm.
33 mm.
30 mm.

30 mm.

64 mm,
45 mm.
30 mm.
g mm.
10 mm.
237 mm.
68 mm.
35 mm.
20 mm.

19 Indicates that measurements have been estimated by comparison with other indi-

viduals.

468 ANNALS OF THE CARNEGIE MUSEUM.

THE MOUNTED SKELETON.

Plate XV is from a drawing of the mounted skeleton. The type
of O. /ongipes was used as the basis of this mount and the missing
parts were substituted from other individuals of about the same size
and pertaining to the same species. A few bones not represented in
the collections were restored in plaster and accurate records were kept
of all substituted parts. In the skeleton the restored parts are indi-
cated by a red +, and while of the same general color as the actual
bones, the shade differs sufficiently for them to be easily recognized.
Each substituted bone used in the mount bears its departmental num-
ber, thus effecting a complete and permanent record as to the associ-
ation of all the bones used in the construction of the composite
skeleton.

The skeleton was mounted by the writer in such a manner that any
bone may be readily detached from the whole.

The pose is intended to represent the animal when walking slowly
on the level ground, with the head only moderately elevated.

The mounted skeleton presents many peculiarities which would be
lost to the observer if seen ina disarticulated state. The small cra-
nium, elevated above the main axis of the dorsal region, the small
thoracic cavity, the narrow pelvis and the greatly elongated limbs and
cervical region are characters which are fully appreciated only in the
mounted skeleton. ‘The skeleton as a whole resembles more closely
that of the llama than the camel. ‘The elevated position of the head,
the curvature of the back, and the general shape of the limbs is espe-
cially like that of the llama, while the dental formula, the small and
elongated cranium, the separated metapodials, the unguligrade char-
acters of the phalanges and the extremely narrow pelvis are features
readily distinguishable from either of the recent forms.

MEASUREMENTS.

Total length of skeleton from apex of premaxillary to posterior end of

AS CHIU eicteaoesnsms sas ncilovaleccicaatonionae cue sce wiastsian sel sonics ssbetarsnetindersoeeee 212 cm.
Motalheightitrom! toesitoitop ofl antenioridorsal/SpimeSaawessaieos.eecne eee seieeaes: 130 cm,
Wen pth roticervicalkTeglOnnc..cesesccnsesccscskecocncdeeeaacacserceodsceceemeonseeear ss 86 cm.
Hens throfedorsaltre gion ens.cucs oremsnencssseesee seo dee sees onesoeneenoeatcatieae seca tees 60 cm.
Mensthvof lumbar sre si on: ceesccssacews tect ecsnescs tocoaa-e Oceanic ceeeesene-ceoecees 48 cm.

engthtofssacralsre si ontsanceeccsnetcastiescedecssvserieccceste ase tteccetcecenceeseesceee II cm.

PETERSON: OSTEOLOGY OF OXYDACTYLUS. 469

Oxydactylus brachyodontus sp. nov.

The type (No. 664) (Pl. XI, Figs. 1, 2 and 3) of the above
named species is represented by a fairly complete cranium with the
lower jaw in position and the atlas, anterior portion of the axis and
the succeeding five cervicals, the distal end of both humeri, both
ulnze and radii, the carpals, metacarpals and phalanges, the left femur,
the tibia, calcaneum, astragalus, cuboid and metatarsals. There is
another nearly complete skeleton (No. 562) which I have provi-
sionally referred to this species ; but unfortunately no part of the skull
or lower jaw is present. ‘The two individuals do not differ greatly in
size, No. 562 being only a little larger than No. 664. ‘The principal
differences between this species and O. /ongifes are as follows :

The Cranium. — In comparison with that of O. dongipes the cranium
is relatively large. The second and third incisors are present and
part of the alveolus for the first. The third incisor is smaller than
the canine. ‘The first premolar which is somewhat reduced, is sub-
conical and has asingle root. Premolars two, three and four are
similar to those of O. /ongifes. ‘The molars are brachyodont, broad
and comparatively short antero-posteriorly. The outline of the skull
is similar to that of O. /ongipes. The fronto-nasal suture is perhaps
placed a little farther back than in the latter species.

The Mandible. —'The lower jaws present characters very like those
of Protomeryx (Gomphotherium) camelotdes,” agreeing especially in
the absence of a diastema between the incisors and canine. In O.
brachyodontus the incisors are more reduced than in Profomeryx camel-
otdes, but have the same spatulate shape. In the type of O. drachy-
odontus the teeth are much worn (Pl. XI, Fig. 4). The first pre-
molar is fixed by two strong roots, and, as in the upper jaw, the
crown is subconical with the greater diameter directed antero-pos-
teriorly. In Protomeryx cameloides this tooth has a greater antero-
posterior diameter and has quite distinct anterior and posterior basal
tubercles. In the type O. drachyodontus the second, third and fourth
premolars do not differ materially from those of O. /ongipes. The
true molars differ from those of O. /ongifes by being proportionally
broader and shorter.

The Cervicals. — (Pl. XII, Figs. 1, 2, 3 and 4.) The cervicals
are comparatively short and heavy. ‘The axis and the third cervical

20 Bul. Am. Mus. Nat. Hist., p. 118, 1898.

470 ANNALS OF THE CARNEGIE MUSEUM.

of No. 562 differ from those of O. /ongipes. ‘The spines are heavier
and higher than in that genus. On the axis the spine slopes forward
at a greater angle and extends farther backward than does that in O.
Jongifes. The length of the axis and the third cervical is more nearly
equal than in O. /ongipes and the inferior keels are stronger. The
fifth cervical vertebra of the type, No. 664, has a distincly higher and
heavier spine (Pl. XII, Fig. 4), than the corresponding vertebra of
O. longipes, otherwise it is similar to that of the latter species though
somewhat smaller.

MEASUREMENTS OF SKULL AND VERTEBRE.

Length of cranium from incisor 3 to external auditory meatus ................. 268 mm.
Total length of dental series from incisor 3 to and including molar 3....... 165 mm.
DistanceprominciSor Ss tOMpMi. i 2teenmeaseneposesen res ceeece eae scecncere areceee er 64 mm.
Wensth ofscontinuous molar-premolarSerieSic.. .. 2c. cess cascesccesececesmsiscss sites 93 mm.
Rotal lengthvot premolarsy2:tod'). ter cate csc sate esses: onctiaadisesssessmesesenteees 37 mm.
plotalalengthiOhemolarseriestireve ste, wetce sant ose esetetasetems sence Nenseepeadee tens 56 mm.
Greatestilength! ofamasalsityrccttstescti ta cccece tee cdncroncesewosncbce vet @elcce ene 110 mm.
Greatestilensthiofgmandible), 3. 2.02.0.cctsce-sceseedesesituicseicessceetceeece sees 255 mm.
Greatestiheightuneludins Goronold' process. .c.se-cc- acess secon dosessitoseeacseecscs 38 mm,
Fleighteote COrOnOIds: -cecaee. Scenes cose astectcetet csc ceen cneeeene tes ane ee notaer ener ' 44 mm.
Depthoferamusibackofsmolawanceeeserescreecscroreensseccee- se eseer seem eteee 45 mm,
Wepthroframusatidiastematin trontioh pms )2s.25.5-seceweneemns- cs secemeeteceases 22 mm.
Distancesrom: caning to spmiy; 2s. ccstars sestsuse-cineuser Seecaee rane ace see eeeeeanes 45 mm.
engthiof continuous molar premolar Series seuss siese see se ssesesceoe coteecseres 100 mm.
Wengthrof premolars: 2 tOvd reve vee iev cue ces cvciledacsieewecmce te sucsetsecens ee deen cee 36 mm.
Weng thvofemolar Senles.c.cssvescuces etesecueace cece nceecueenne wade dene erewansnteaesss 65 mm.
Greatest length ofjatlas approximately 2....-c4eces estes sveudeteoeesenadestees cers 75 mm.
Greatest; width.of ‘atlas approximately tecc¢:xceasesnenwese ve sang esaaeeesoaarecneeue 75 mm.
Greatest =widthsofi.cotylusae...cesmsscescetecen: cease aceee ne see cere enc sae ceneeeececeee 55 mm.
Greatestlensth of icervicall 3s, .ss-csnesecseeeessconsnaoosemeeees sancti eset eere es 130 mm.
Mengthyoficentrumsofecervicalestatcccscessscccseseecorcea-cesdeseecerceon es sae eees 118 mm.
Greatestilength of (Cervicale4 ees. acecseseacect cee reanestesecreeeretedehteceecee: 126 mm.
enethvoimcentrumyotcervicaligs. s.cceneestenen ache ene datiese race metce ee tetenactes 112 mm.
Greatestslengthiof cervical lh... cece cceeaccaaceecscst socom nc scnec crests 124 mm.
eno thvotecentrum of cexvicallis approximately m.decneerscecestes tietceeecseseects 100 mm.
Greatesilengih oft cervical (Gr: unto cccce cess ese essnes sosntee eeeibeancenes® eeccbes 106 mm.
enethsof.centrum\ on CervicaliG eo. .vccasscstea ose eee sare seeincnesereereceeteas snes 86 mm.

The Fore Limb and Foot. —(P\. XIII.) The limbs of O. drachy-
odontus (No. 664) are elongated and rather lighter in comparison with
the cranium, than in O. /ongipes. The internal epicondyle of the
humerus is of greater development and the curvature of the ulno-
radial shaft is more pronounced in O. drachyodontus than in O. longt-

PETERSON : OSTEOLOGY OF OXYDACTYLUS. 471

pes. The carpal series presents no important difference from that of
O. longipes. ‘The metacarpals are long, slender, and distally spread
more distinctly than in O. /ongifes. As in the latter species the carina
is strong and located entirely on the plantar face of the bone. The
phalanges have no rugose surface on their plantar sides for the attach-
ment of pads. The unguals are high and pointed.

The Pelvis, Hind Limb and Foot.— (Pl. XIV.) The pelvic region
in No. 562 is in fairly good preservation and differs but little from
that of O. /ongipes. The sacrum has five, instead of four, codssified
centra. The femur and tibia though smaller exhibit no important
differences, which is also true of the tarsals. The metatarsals of No.
664 are damaged proximally, but No. 562, which J have associated
with the type, has this region of the hind limb better preserved, and
shows the codssification of the palmar processes. Metatarsal II ad-
heres closely to metatarsal III, and metatarsal V is absent, thus ap-
proaching the llama rather than O. /ongzpes.

MEASUREMENTS OF LIMBS.

Greatest width of humerus at distal end.................2.cseeeee. 46 mm.
Greatest height of trochlea at distal end..............0.00ss0reee0s 34 mm.
WenpthiOmradius mens sees seaceceneunaccecca scenester dacnecateeoenec ns. 284 mm.
Widthrofaradiusratinead.ccsesnosc one sees, cael semciscs ieee eeeee mee cees 41 mm.
Widthioreradiusimedialllysesss.ccsteccnsecapeasseuesransscncciee ce 31 mm.
Wadthiofradius distally, 2s. ..csss sonccssecoctseenccesceateasaenteice 46 mm.
Meno thiotumeta carpal Sivesnesacencscoeemosee-aesme ribose secses ose 255 mm.
Total length of femur, approximately...............cecseeeneceeeee 270 mm.
otalelength:ofitibiasse.dacecesectescase ssw caeccies cheeesewec meee eae tice 328 mm.
‘otal LenothvotumetatarsalS:sannc-cecsesoctascesccene sect ticscet acs 267 mm.
Motalelength\of proximal phalanx: sr...--cccceeeseeess scseescee seer 55 mm.
slotalblength of medianiphalanxerss..cscscseseecssereceene-eeeceee se: 28 mm.
(otalienothvomunpualsphalanks..ssese stone cee acseteeceosecacsss 25 mm,

OxYDACTYLUS COMPARED WITH OTHER LOUP FORK AND LATE
OLIGOCENE GENERA.

Procamelus differs from Oxydactylus in the absence of the first and
second pairs of superior incisors, and the union of the metapodials.”

The genus Pifiauchenia differs generically from Oxydactylus by the
absence of the second inferior premolar. /rofo/aéis has short limbs

21 Some material in the American Museum of Natural History which is referred to
this genus has the rugose attachment for the pads on the plantar face of the phalanges,
and may have some relation to the genus P/iauchenia.

472 ANNALS OF THE CARNEGIE MUSEUM.

and neck, second superior premolar reduced, hypsodont dentition,
and the metacarpals entirely separated; while Oxydactylus has the
cervical region and limbs greatly elongated, no reduction in the den-
tition, brachydont teeth, metacarpals entirely separate and the meta-
tarsals codsified only by their palmar processes. A/tcamelus differs
from Oxydactylus in its much greater size, by having the first and
second incisors absent and the metapodials united. In Protomeryx
( Gomphotherium) the limbs are comparatively much shorter than in
Oxydactylus, the orbit is rounder and more anterior in position, the
.angle on the lower jaw is longer, and the metapodials are separated.

After a careful study of all the material at hand it is believed by the
writer that Oxydactylus is most nearly allied to Protomeryx ( Gompho-
thertum) from the John Day formation and that some form similar to
Alticamelus*” in the Pleistocene is the termination of this phylum.
While the characters in the dentition of the latter genus, are little
changed from those in Protomeryx, the orbit is more oblong in shape
and more posterior in position. ‘The region between the alveolar
border and condyles of the skull is also comparatively shorter. The
greatly elongated limbs especially in O. /ongifes contrasts strikingly
with the rather short limbs in Profomeryx.

Alticamelus altus*® retains some important characters similar to those
in O. longipes, although it is much larger and more modified than the
latter. The small cranium, and the structure of the neck, limbs and
phalanges are suggestive of O. longipes.

In the Pleistocene formation are remains of camels with greatly
elongated limbs and these may represent the termination of this line
of American fossil cameloids. ‘This phylum appears to be divergent
from that of the true camels and we are at present able to trace it
with some certainty to the genus Profomeryx of the upper Oligocene.
Oxydactylus presents characters resembling both the recent camels and
other Loup Fork genera, but some of these are doubtless due to paral-
lelism in development and do not signify relationship. In O. longipfes
we seem to have an animal which in some respects is even more spe-
cialized than the recent Camelidz while in other respects it is more
primitive. The elongated cervical region with the comparatively
longer limbs, the metacarpals being 15 mm. and metatarsal 8 mm.

22 Memoirs Am. Mus, Nat. Hist., Vol. 1, Part VIL, page 422, Igo!.

23 Memoirs Am. Mus. Nat. Hist., Vol. I, Part VII, p. 430, 1901.
24 Memoirs Am. Mus. Nat. Hist., Vol. X, p. 132, 1898.

PETERSON : OSTEOLOGY OF OXYDACTYLUS. 473

longer than that of an adult specimen of Camedus bactrianus and the
unguligrade structure of the phalanges are more specialized than those
of the recent camels.” On the other hand the narrow and elongated
cranium, the unreduced dentition, the separated metapodials and many
minor characters present would be considered as primitive.

PROBABLE HABITS OF OXYDACTYLUS.

From the osteological structure of Oxydac¢y/us, it would appear that
specialization had been in the direction of those characters required
for greater speed and endurance. ‘The trunk became relatively lighter
and the limbs stronger and more elongated than in earlier forms. The
usual habitat was probably an open plain where long journeys from
pasture grounds to water were necessary.

GEOLOGICAL NOTES.

Owing to the somewhat uniform character of the entire sedimentary
mass of the Loup Fork series in Sioux County, Nebraska, some diffi-
culty was met with in intelligently labeling material gathered from the
different horizons. The Gering and Arickaree sandstones of Darton *
attain a thickness of goo to 1200 feet in this locality. For con-
venience and precision the writer divided the beds, temporarily, into
three divisions. The Lower Loup Fork, the Daemonelix,; and the
Upper Loup Fork. ‘Yhis arrangement was thought of importance in
connection with the work carried on. Mr. Hatcher” divided the
Arickaree sandstones into two distinct horizons overlaid by a third,
the ‘‘ Nebraska Beds’’ of Scott. In an ascending order the Loup
Fork beds in this locality are according to Hatcher as follows :

The Gering Sandstones, consisting of some 200 feet of laminated,
massive and cross-bedded sandstones.

The Monroe Creek Beds, composed of some 300 feet of very light
colored, fine grained, not very hard, but firm and massive sandstones.

The Harrison Beds, composed of about 200 feet fine-grained, rather
incoherent sandstones.

The Nebraska Beds, consisting of a series of buff-colored sandstones
of varying degrees of hardness and unknown thickness. The Nebraska

25 It seems to be’generally accepted that the peculiar cushion foot of the Tylopoda
was developed from the unguligrade condition.

26U. S. Geogr. S. Nineteenth Annual Report, Part 1V, p. 735, 1897-98.

27 Proc. Am. Phil. Society, Vol. XLI, No. 169, pp. 116-117

474 ANNALS OF THE CARNEGIE MUSEUM.

beds in this locality, as recently determined, can be of no greater ver-
tical thickness than 150 to 200 feet.

The beds are exposed for four or five miles along the south side of
the Running Water or Niobrara River a few miles east of the Wyoming
and Nebraska State line. In the section shown in Fig. 3 the Nebraska
beds have a thickness of about 70 feet. There are considerable ex-
posures of the Nebraska beds on the south side of the Running Water
River, and in places they have a vertical thickness of perhaps 200
feet:

Some fifteen miles south of the Running Water there is a series of
exposures overlying the Nebraska beds. These exposures are un-
doubtedly the Ogalalla beds of Darton. No work was done in them
by our party and their relation to the section here published is not
sufficiently known to the writer to warrant any further mention.

The accompanying geological section extending from Squaw Butte
on the northern face of the Pine Ridge which marks the northern
limits of these beds at this locality, in an imaginary line southward
for 15 miles, to the Running Water River represents the sequence of
the various Loup Fork horizons in this region. ‘The latest divisions

ag Vebraska

i

HI
sat i i

Hi Ohi

}
Se DAL eae

|
al

Ge

Fic, 3. Ideal section of Miocene formations from Squaw Butte to south side of
Running Water River, Sioux Co., Nebraska.

and names proposed by Darton and Hatcher are used for the various
horizons in the accompanying section (Fig. 3) and are believed, by
the writer, to be the most satisfactory classification yet proposed of
the Miocene beds in this locality. In the Gering horizon no fossil
remains have been collected. The upper part of the Monroe Creek
horizon has yielded some material, as has also the Harrison beds.
The uppermost part of the section, or the Nebraska beds are appar-
ently the richest in vertebrate fossils of the entire series. From this

horizon were obtained a rich and interesting collection, including the

PETERSON : OSTEOLOGY OF OXYDACTYLUS.

material described in the present paper.

The writer takes this opportunity of expressing his thanks to Mr.
Hatcher for valuable suggestions and criticism, and to Professor Os-
born for the free access given him to the various types and other
material, relating to the subject, in the American Museum of Nat-

ural History in New York City.

The illustrations are from drawings made by Mr. Sydney Prentice,
the draughtsman in the Section of Vertebrate Paleontology of the

Carnegie Museum.

CARNEGIE MUSEUM,
October. 16, 1903.

Fig.
Fig.

SNS

4.

EXPLANATION OF PLATES.
PLATE IV.
Side view of skull of Oxydactylus longipes, type (No. 918).
Top view of same.
Palate view of same.
Mandible showing crowns of dentition.

All figures } natural size.

Fig.
Fig.
Fig.
Fig.
Fig.
Fig.
Fig.
All fi

Fig.

7
gur

5.

2.
3

I
4.
5.
6

PLATE V.

Side view of atlas of Oxydactylus longipes, type (No. 918).
Side view of axis of same.

Side view of cervical 3 of same.

Side view of cervical 4 of same.

Side view of cervical 5 of same.

Side view of cervical 6 of same.

Side view of cervical 7 of same.

es 1 natural size.

PLATE VI.
Side view of first dorsal of Oxydacty/us longipes, type (No. 918).

Figs. 2, 3. Side view of dorsals, 6 and 7 of same.
Fig. 4.
Fig. 5.
Figs. 6, 7. Side view of lumbars 4 and 5 of same.

Fig. 8.

Side view of dorsal 9 of same.
Side view of dorsal 10 of same.

Inferior view of sacrum of same.

All figures 4 natural size.

Fig.

Me

Fig. 2.

Fig. 3.

PARE VEL ‘
External view of scapula of Oxydactylus longipes, type (No. 918).
Front view of humerus of Oxydactylus longipes, cotype (No. 886).
Posterior view of same.

All figures 4 natural size.

Fig.

I.

PLATE VIII.

Front view of ulna-radius and carpus of Oxydactylus longipes, type (No.

918). Partly restored from cotype (No. 886).

476 ANNALS OF THE CARNEGIE MUSEUM.

Fig. 2. Front view of right fore foot of Oxydactylus longipes, type (No. 918).
Partly restored from the cotype (No. 886).

Fig. 3. Posterior view of right fore foot of Oxydactylus longipes.

Fig. 4. Front view of phalanges of Oxydactylus longipes, type (No. 918).

All figures 4 natural size.

PLATE IX.

Fig. Superior view of pelvis, left side of Oxydactylus longipes, type (No. 918).

I
Fig. 2. Side view of same.

Fig. 3. Tibial side of femur of same.
Fig. 4. Front view of tarsus of same.
Fig. 5. Posterior view of cuboid of same.

All figures 4 natural size.

PLATE X.
Fig. 1. Front view of femur of Oxydactylus longipfes, type (No. .918).
Fig. 2. Front view of tibia of same.
Fig. 3. Front view of right metatarsals and phalanges of same.

Fig. 4. Posterior view of same.
All figures 4 natural size.
PLATE XI.
Fig. 1. Side view of skull of Oxydactylus brachyodontus, type (No. 664.)
Fig. 2. Top view of small skull.
Fig. 3. Palate view of small skull.
Fig. 4. Mandible showing crowns of dentition.
All figures + natural size.
PLATE XII.
Fig. 1. Inferior view of atlas of Oxydactylus brachyodontus (No. 562).
Figs, 2, 3. Side view of cervicals 2 and 3.
Fig. 4. Side view of cervical 5, type (No. 664).
Fig. 5. Inferior view of sacrum (No. 562).
All figures + natural size.
PLATE XIII. ;
Fig. 1. Front view of distal end of humerus of Oxydactylus brachyodontus, type
(No. 664).
Fig. 2. Front view of ulno-radius of same.
Fig. 3. Inner view of right ulno-radius of same.
Fig. 4. Front view of metacarpals of same.
All figures + natural size.
PLATE XIV.
Fig. 1. Posterior view of humerus of Oxydactylus brachyodontus (No. 562). +
Fig. 2. Front view of same.
Fig. 3. Front view of right tibia, type (No. 664).
Fig. 4. Front view of metatarsals, type (No. 664). Proximal end restored from
No. 562.
Fig. 5. Front view of phalanges, type (No. 664).

PLATE XV.
The mounted skeleton of Oxydactylus longipes.
About ;!, natural size.

ANNALS CARNEGIE MUSEUM, Vol. || Plate lV,

Skull of Oxydactylus longipes.

a 1
+
a un
he -
=| fi
*
,
— = SS

ANNALS CARNEGIE MUSEUM, Vol. II. Plate V.

eal

ty,
‘ Wii, C2
eee Gy

nth

YY
Wigs

See

MUEM AL: 7

Cervical Vertebrze of Oxydactylus longipes.

ANNALS CARNEGIE MUSEUM, Vol. Il. Flate VI.

Vertebrz of Oxydactylus longipes.

— —- =.) ”
~~
a

ANNALS CARNEGIE MUSEUM, Vol. II. Plate VII.

Humerus and Scapula of Oxydactylus longipes.

AY

Plate VIII.

ANNALS CARNEGIE MUSEUM, Vol. II.

Forearm and Manus of Oxydactylus longipes.

oe

ANNALS CARNEGIE MUSEUM, Vol. II. Plate IX.

Pelvis, Tarsus, and Femur of Oxydactylus longipes.

ANNALS CARNEGIE MUSEUM, Vol. I! Plate X,

Femur, Tibia, Fibula, Metatarsus, and Phalanges of Oxydactylus longipes.

ANNALS CARNEGIE MUSEUM, Vol. II. Plate XI.

Skull of Oxydactylus brachyodontus.

f ss y
, cr t . :
7 .
‘
Ny .
,
1 - \
‘
.
‘
*
”
,
,
1
- &
I \
.
/
5 2
- SS
—
= f
et
.
.
.
.

ANNALS CARNEGIE MUSEUM, Vol. II. Plate XIl.

\

Le \ \
&

Cervicals and Sacrum of Oxydactylus brachyodontus.

y = * 2 y i
; Se
* <y
‘
_ <i
; * «
X.
‘ * - .
7
“
a
.
,
2 : ; ;
>
- ,
it
)
_ a
—__ J
a i
ue ‘

ANNALS CARNEGIE MUSEUM, Vol. II. Plate XIII.

Fore Limb of Oxydactylus brachyodontus.

Plate XIV.

ANNALS CARNEGIE MUSEUM, Vol. Il.

Humerus, Tibia, Metatarsus, and Phalanges of Oxydactylus brachyodontus.

ANNALS CARNEGIE MUSEUM, Vol. II Plate XV.

Oxydactylus longipes,

ANNALS

OF THE

Soon eGie MUSEUM

VOLUME Ik NO: 4.

EDIroRIAL.

Tue Editor feels much satisfaction in announcing the completion of
the second volume of the Azna/s. This satisfaction, which in part
springs from the contemplation of a completed task, is greatly enhanced
by the pleasant manner in which the publications of the Museum have
been received by scientific men throughout the world and the very
flattering and favorable reviews which have appeared in many of the
leading scientific journals.

Mr. Orro E. JENNINGS, who for two years past has been the assis-
tant of Professor W. A. Kellerman, the Professor of Botany in the
Ohio State University, during which time he acted as the Custodian
of the Herbarium in that University, assumed on February first the
position of Custodian of the botanical collections of the Carnegie
Museum, taking the place made vacant through the resignation of Mr.
i; A. Shafer.

Mr. Percy E. Raymonp has been employed by the Director of the
Museum to take charge of the collection of fossil invertebrates. Mr.
Raymond is a graduate of Cornell. He has devoted considerable time
to post-graduate studies in paleontology and geology, both at Cornell
and Yale. He has had considerable experience as a collector and
preparator. Mr. Raymond has been engaged continuously since he
became connected with the Museum in the work of unpacking, and,
latterly, of arranging and determining the invertebrates of the Bayet

477

A78 ANNALS OF THE CARNEGIE MUSEUM.

collection, which happily passed through the conflagration of the ware-
house in which they were temporarily stored without sustaining any
material injury, for which the authorities of the Museum have officially
expressed their gratitude to the officers of the Pittsburg Department of
Fire, who, upon being apprised that the valuable collection of the
Museum was in peril, made special efforts to secure it against loss.

THe library of the Museum has been enlarged by the acquisition of
a great many important works during the past year. It is our inten-
tion ultimately to secure a complete set of the scientific journals pub-
lished by various learned societies, so that access to the literature of
the sciences on the part of all students in western Pennsylvania may
be facilitated. A complete set of the publications of the Linnaean
Society of London, a nearly complete set of the publications of the
Wilke’s Exploring Expedition, D’Orbigny’s great work upon South
America, the works of Humboldt and Bonpland on the botany of South
America, La Sagra’s H/zstoria Fisica de la Isla de Cuba, the Flora of
the Phillippine Islands, published under the direction of P. Fr. Andres
Naves, a complete set of the writings, published and unpublished, of
Townend Glover, a complete set of the Reports of the Challenger
Expedition, are among some of the more recent and important acqui-
sitions of the library of the Museum. Good foundations have been
laid by the acquisition of works especially relating to paleontology,
ornithology, entomology, and botany for systematic research. The
execution of our plans, however, will be a work which will necessarily
cover years. Meanwhile, the Museum, through the exchange of its
publications with other kindred institutions, is securing a great deal
of the contemporary literature of science.

THE fourth part of Volume I of the Memoirs of the Museum, con-
taining Mr. Ashmead’s paper on the Chalcidoidea, has been published.
It will shortly be followed by another from the pen of the same author,
founded upon other collections made by Mr. Herbert H. Smith in
South America and belonging to the Carnegie Museum.

Tue work of reproducing the skeleton of Diplodocus carnegii, which
Mr. Carnegie has authorized the Director of the Museum to have made
for the British Museum, is proceeding rapidly under the direction of

EDITORIAL. 479

Mr. J. B. Hatcher, the Curator of Paleontology, and it is hoped within
the year to complete the work, which has proved itself to be an under-
taking attended with no small mechanical difficulties, which have all
been happily overcome. Recent discoveries show that the length of
this monster exceeded considerably the original estimates based upon
the first specimen collected by the Museum. ‘The caudal vertebrz are
found to have been more numerous than was originally supposed, and
far more numerous than is shown in the restoration of the caudal region
published a few years ago by Professor H. F. Osborn.

THE Director of the Museum has received recently, through the
kindness of Mr. S. E. Gill and Mr. G. Rutledge, the President and
Superintendent of the Parral and Durango Railway in Mexico, a num-
ber of specimens of the curious communal habitations built by the
larve of Huchetra socialis Westwood, and has been enabled to make a
number of interesting observations upon the life-history of these
insects, which it is his intention shortly to publish with appropriate
illustrations in the JZemozrs of the Museum.

Mr. J. A. Munson has been employed to assist Mr. C. V. Hart-
man, the Curator of Archeology and Ethnology, in the work of arrang-
ing and cataloguing the Costa Rican collections acquired by the latter
for the Museum. The Velasco collection, which was deposited at the
Museum of Archeology of the University of Pennsylvania in Phila-
delphia, has been brought to Pittsburgh. It is known that the collec-
tion of Costa Rican antiquities at the Carnegie Museum now exceeds
in size all other collections from that country save only the collection
in the National Museum of Costa Rica at San José. ‘There are more
Costa Rican antiquities in the Carnegie Museum than there are in all
the other museums of the world combined.

THE Section of Mineralogy of the Museum has acquired a fine series
of calcite crystals from Joplin, Missouri, among them one colossal pink
calcite twin, over fourteen inches in its longest diameter.

THE Museum is deeply indebted to Mr. Henry Fairfield Osborn, of
the American Museum of Natural History, for a reproduction in plaster
of Mr. Charles Knight’s excellent and spirited model of the five-toed
horse, Protorohippus, which has attracted a great deal of attention.

480 ANNALS OF THE CARNEGIE MUSEUM.

THE magnificent specimen of Promerycocherus, discovered by Mr.
O. A. Peterson, showing the skeletons of three individuals, lying z7 stu
as they died and were covered up by the drifting sands, has been
recently installed in the Museum, where it is greatly admired by those
who understand the scientific significance of the specimen. It is be-
lieved to be the finest thing of its kind anywhere in existence.

THE great collection of birds belonging to Mr. A. W. Anthony, of
Portland, Oregon, has been purchased by the Museum and has been
received, with the exception of some minor portions of the collection,
which were for the time being in the hands of specialists, but which
will be shortly turned over to this Museum. ‘The acquisition of this
collection brings the total number of birds in the ornithological col-
lections of the Museum up to nearly twenty-five thousand. Of the
birds of North America the Museum now contains specimens of more
than three-fourths of all the species known to occur north of the Rio
Grande of Texas.

IX. THE-BIRDS OF ERIE AND PRESQUE ISLE, ERIE
COUNTY, PENNSYLVANIA.

3y W. E. CLypEe Topp.
INTRODUCTORY NOTE.

Soon after the writer’s purpose to prepare a comprehensive work on
the birds of Western Pennsylvania had assumed definite form and shape,
now almost ten years ago, it became evident that such a work would
be far from complete should it not include the results of a special in-
vestigation of the avifauna of that portion of the State bordering upon
Lake Erie. Not only were many species of water birds, not to be
found elsewhere in western Pennsylvania, reported from that locality,
but the influence of the lake, as a factor affecting the distribution of
bird-life, seemed also to demand study. Hence the project was early
formed of spending an entire season at this point, but circumstances
forebade the realization of the plan until the year 1900, when the
writer, having meanwhile become identified with the Carnegie Museum
of Pittsburgh, was able to carry out his long-cherished idea under the
auspices of that institution. As an assistant on the expedition there
was engaged Mr. Willis W. Worthington, of Shelter Island, New York,
to whose ability as a collector and observer the success of the trip was
in large measure due. Almost one thousand specimens were secured.
The exact dates of our stay were: March 21—May 31, and August 20—
November 20, thus covering both migration periods fairly well. In
the spring our headquarters were rather inconveniently located in the
city of Erie, but in the fall they were removed toa house-boat anchored
in Misery Bay on the Peninsula, greatly facilitating field-work.

In view of the many interesting records that have been accumulated
it has been thought best to publish the results of this trip in advance
of the writer’s general work on the birds of Western Pennsylvania, for
which they were originally intended, the more so as the completion of
the latter is apt to be delayed for some time. ‘The present paper,
therefore, is based on the data secured in the season of 1900, but
also includes all other available information upon the birds of this par-

481

482 ANNALS OF THE CARNEGIE MUSEUM.

ticular locality, so that it is a complete summary of our present knowl-
edge of the subject. There have been utilized some notes made by
the writer during other brief visits in 1893 (August 28-30), 1895
(June 17), 1899 (June 26-27), 1902 (December g) and 1903 (Au-
gust 22). To Mr. Ralph B. Simpson, of Warren, Pa., the writer is
under obligations for the use of the notes made upon his various visits
to Erie, as follows: September 5-19, 1900; April 24-27, September
25-27, November 17—23, 1902 ; April 13-16, November 10-14, 1903.
Mr. Archie M. Howes, of Erie, has contributed some notes on the
nesting of several species, and Mr. James Thompson, of the same place,
has courteously supplied information in regard to certain specimens in
his collection. The late Hon. George B. Sennett had made extensive
observations on the avifauna of this section, but his note-books are not
now to be found, and are thought to be lost. ‘Their loss is a serious
matter, made up only in small part by an examination of Mr. Sennett’s
collection of birds and a study of the records published at second-hand
in Dr. B. H. Warren’s ‘‘ Birds of Pennsylvania.’’ By far the most
important contribution, however, has been by Mr. Samuel E. Bacon,
of Erie, who has placed his notes on the birds of this region, covering
the years 1888 to 1904 inclusive, at the writer’s disposal. Although
his object was nearly always the pursuit of game birds, and the notes
gathered on the smaller species are necessarily of a fragmentary char-
acter, yet the data received from this source admirably supplement
those obtained by our party in 1g00, and have been extensively used
in the preparation of the present report. Many specimens of Mr.
Bacon’s collecting are now in the Carnegie Museum, while some are de-
posited in the U.S. National Museum as a part of the collection of the
Biological Survey. In addition to the original notes above enumerated,
all the known published records referring to the birds of the locality
under consideration have been collated, and the information contained
incorporated with that from the various other sources.

Attention should be called to the fact that an intelligent understand-
ing of the life and distribution of birds in the region of the Great
Lakes will be only had when a thorough study has been made of
other favorable localities along their shores. ‘The data at present
available are too fragmentary, scattered, and indefinite to permit of
proper correlation. ‘The few local lists that have appeared are gener-
ally inadequate and disappointing, and for many places of probable
interest no data are available. In the case of Lake Erie, for example,

Topp: Birps o£ ERIE AND PRESQUE ISLE. 483

a study of the birds of Long Point, on the Canadian shore opposite
Presque Isle, would be a most welcome contribution to the general
subject, and would afford a basis for a comparison that could not be
otherwise than interesting and instructive.

In the present list, for the sake of uniformity, the nomenclature and
sequence of species given in the ‘‘ Check-List of North American
Birds,’’ published by the American Ornithologists’ Union, have been
followed, with, however, a few lately published changes which have been
proposed, but not yet formally accepted. Species whose occurrence is
to be expected, but which have not been actually recorded, are included
in their proper places, enclosed in brackets, usually with a brief state-
ment of their extralimital records and with the proper references.

Acknowledgments are due to all the parties above named as having
contributed notes for use in the present connection, and also to Mrs.
George B. Sennett, for permission to consult the collection of her late
husband ;' to Dr. J. A. Allen, for his courtesy in affording the neces-
sary facilities for examining the same, and to Dr. A. K. Fisher and
Mr. Harry C. Oberholser for assistance in preparing the bibliograph-
ical list and in identifying certain species.

GENERAL INTRODUCTION.

Erie County occupies the extreme northwestern corner of Pennsyl-
vania, giving the State a northern frontage on Lake Erie of more than
forty miles, beginning at the Ohio line near its intersection with the
parallel of forty-two degrees north latitude, and extending in an
approximately east-northeastern direction to the New York boundary.
Its area is about seven hundred and seventy square miles, mainly de-
devoted to agricultural pursujts, comprising as it does some of the best
farming country in the western part of the State. Erie is the county
seat and chief city, with a population (in 1900) of almost fifty-three
thousand inhabitants. Manufactures of various kinds constitute the
principal industries of the city, although there is also carried on a
considerable commerce in lumber, grain, coal, and ore, chiefly with
other cities on the Great Lakes. A capacious but shallow harbor is
created by a strip of low-lying land forming the arc of a circle, and
joined to the mainland at its western extremity, leaving an entrance on
the east, now partially closed by an artificial breakwater. ‘This strip of

1 The bulk of this collection, is deposited in the American Museum of Natural

History at New York, but nearly all the mounted specimens were presented to the
Carnegie Museum by Mr. Sennett a few years before his death.

484 ANNALS OF THE CARNEGIE MUSEUM.

land is known as Presque Isle, or the Peninsula, while the enclosed
water is Presque Isle or Erie Bay — the former name in each case being
a souvenir of the French occupation of this region.

The mean level of Lake Erie is five hundred and seventy-three feet
above tide. Extending along the lake front is an almost level alluvial
strip some two or three miles in width, which is known as the lake
shore plain. It lies at an elevation above the lake of from one hundred
to one hundred and sixty feet, most of which difference in level is rep-
resented bya steep bluff rising just back of the beach of the lake. The
lake shore plain has a sandy soil, and is regarded as the best farming
land in the county, hence its woodland has almost disappeared. It is
in this cleared area, most of which is under cultivation, or given over
to grazing, that such birds as are partial to open country find their most
congenial haunts. Scattered here and there, and particularly on the
slopes of the high ridge that limits the plain on the south, there yet
remain some groves of hardwood timber, consisting largely of oak
( Quercus, several species), chestnut (Castanea dentata), walnut
( Juglans nigra), butternut (/uglans cinerea), beech (Fagus atropu-
nicea), wild cherry (Prunus serotina), maple (Acer rubrum), hickory
(Hicoria spp.), elm (Ulmus Americana), and cucumber-tree (J/ag-
nolia acuminata), and a great deal of second-growth poplar (Populus
sp.). In many places the bluff facing the lake shore is covered with
a rich woods composed largely of hemlock ( 7suwga Canadensis), which
growth often encroaches upon the adjacent level land, and may have
originally covered much more of this area. In these woods are found
several species of birds which have not been detected at all upon the
Peninsula. A belt of swampy land about three-fourths of a mile wide
formerly extended along the lake shore plain from the Ohio line to a
point about twelve miles east of Erie. Even now, -with drainage
systems on every farm, there are still left considerable areas of marshy
ground, with occasional scattered ponds, where ducks and other water-
fowl sometimes alight, and rails and snipe are found in their season,
and, indeed, in early times this strip was famous ground for these kinds
of game birds.

South of the lake shore plain the country is much more heavily
wooded, and doubtless the bird-life is correspondingly affected, but a
discussion of this question does not come within the lmits of the
present paper. ‘The ridge overlooking the plain is some four or five
hundred feet above the level of the lake, and beyond this the land is of

Topp: Brrps OF ERIE AND PRESQUE ISLE. 485

a rolling character, culminating in a drainage divide averaging two
hundred feet higher yet. From these highlands numerous small
and a few larger streams, such as Elk, Walnut, and Mill Creeks,
descend to Lake Erie, breaking through the intervening hills and the
terrace formation in the lower portion of their courses, in a series of
deep gorges or gullies, which are one of the most striking topo-
graphical features of this section. Mill Creek empties into Presque
Isle Bay at Erie, and is utilized as one of the outlets of the sewage of
the city. The marshes and mud-flats at its mouth constitute one of the
best feeding-grounds in this whole region for many kinds of shore-
birds and aquatic fowl during the season of migration. Being so near
the docks and railroad yards, however, it is far from being a safe
haven for the birds, and large numbers are often killed here by
gunners ; but if shooting were forbidden on these few acres it is prob-
able that here, during the fall migration, more varieties.of shore-birds
could be seen than at any other one point in Pennsylvania.

The Peninsula has a roughly semicircular outline, about seven miles
long in arc (measured on the outside) and five and one-half miles in
chord. Near its western extremity and junction with the mainland
(about two and one-half miles west of the city limits) — known locally
as the ‘‘ Head’’ —it is quite narrow, in some places an interval of
less than one hundred yards separating the waters of the lake and bay.
To the east, however, it gradually widens until it attains a breadth of
one and one-fourth miles from shore to shore. An arm of Erie Bay,
known as Misery Bay, occupies a rounded indentation just east of the
widest part, the land curving around its eastern shore for some dis-
tance to the southward, terminating abruptly in an artificial pier along
the channel leading from the lake, where are ranged the buildings
belonging to the United States Lighthouse and Life-saving Station.
The entire Peninsula is the property of the General Government, and
the only other buildings upon it are those in connection with the light-
house on its north shore, known locally as the ‘ flash-light,’’ but offi-
cially as ‘* Presque Isle Light.’’

In a geological sense the Peninsula is merely an immense sand-bar,
the manner of the formation of which may easily be traced, as all the
various stages are represented. The action of the wind and waves has
at intervals raised a bar parallel to the shore-line, with which, in course
of time, it has become united at one or both ends, enclosing a pond,
whose margins have gradually grown more and more marshy as the

486 ANNALS OF THE CARNEGIE MUSEUM.

general depth decreased with the filling up of the water area. The
formation of these sand-bars is accelerated by the great storms which
annually visit this region, by which sometimes the entire configuration
of the shore is changed in a single day. At such times the level of
Lake Erie may rise several feet, and in the overflow and recession of
its waters there may be cut channels again connecting the newly
formed pond with the larger body of water, which outlets may persist
permanently. Moreover, there is a continual shifting movement of
the loose sand going on in the direction of the prevailing westerly
winds, so that there is a constant tendency toward contraction at the
west and expansion at the east. Indeed, the western end of the lake
beach of the Peninsula is much in need of protection, it having in
several places been washed quite away, leaving large trees standing in
the water twenty or thirty feet from shore.

To the combined and long-continued action of these various influ-
ences the peculiar topographical features of the Peninsula, as it is today,
may be ascribed. It consists of a series of parallel wooded ridges,
separated by comparatively shallow ponds or marshes, usually of com-
plex structure. Its outer shore (facing the lake) is for its entire
length a smooth sandy beach, referred to in the present paper as the
‘‘ outside beach.’’ ‘This beach is widest towards the east, where it
includes several unnamed ponds, back of which lies an extensive area
of sand-dunes, covered with a scanty growth of grasses, herbage, and
in places bushes of the wax-myrtle or bayberry (JZvrica Carolinensts),
and scattered low trees or shrubs of a species of poplar (Populus del-
toutes). ‘Yhere are a few ponds in this area also. Beginning about
half a mile east of the flash-light, however, the slope of the outside
beach is abruptly terminated by a low bluff to whose edge the wooded
ridges extend, so that to the westward there are very few sand-dunes,
such as have just been described. The ground of this kind gives way
at length to the first of.the ridges, which is characterized by irregular
sand hills covered with tufts of coarse grass, and supporting poplar
trees of considerable size, also many grape-vines (Vitis sp.), and
south of this again there grows a variety of deciduous trees, with abund-
ant undergrowth, before any of the larger ponds are reached.

Horseshoe Pond is the name given to an oval body of water occupy-
ing most of the extreme southeastern part of the Peninsula, near the
Government buildings. It is the deepest of the ponds. Its shores are
sandy save for a space along the western side, and it has (at present)

Topp: Brrps oF ERIE AND PRESQUE ISLE. 487

no permanent outlet, although originally connected with the channel
at the pier. It would seem to be of comparatively recent formation.
Northwest of Horseshoe Pond, after an interval of sand-dunes bearing
poplar trees, and occupying the depression beyond the first wooded
ridge, is Niagara or Lake Pond (Plate XVII), the outlet of which is into
Misery Bay. It is divided into two main portions by a narrow tongue
of land extending from the north, and its shores are everywhere marshy
and fringed with a dense growth of aquatic plants. Yellow Bass Pond,
opening also into Misery Bay by a tortuous channel, lies just beyond
the intervening strip of woodland, and is very similar in character to
Niagara Pond. It is succeeded in its turn by a long, narrow, shallow
body of water known as Ridge, or Dead Pond, so called, perhaps,
because during the summer months it largely dries up, as also do some
of the other smaller ponds having no visible connection with the bay,
which would indicate that they are mainly dependent on the rains for
their water-supply. Ridge Pond is entirely enclosed by a dense growth
of bushes, and along its southern margin there runs a board-walk con-
necting Presque Isle Light with the Government boat-house at the
head of Misery Bay. Just west of this bay is Graveyard Pond, and
beyond this again Big Pond (Plate XIX), which has, or had in 1900,
an artificial outlet to the south. Big Pond, with its intricate system
of arms and channels, is a veritable watery labyrinth. From it a nar-
row passage leads into Long Pond, the name of which suggests its
shape. Long Pond is deeper than any of the other ponds except
Horseshoe Pond, and its margins are not marshy to any extent, a
dense growth of low bushes extending to the edge of the water in
most places. West of Long Pond are two small ponds known as the
Lily Ponds, closed in by dense shrubbery. ‘The only other pond of
importance in this connection is Cranberry Pond, a long, narrow,
enclosed body of water lying between and parallel to Ridge and Long
Ponds, south of the board-walk. In addition to those above men-
tioned, there are a number of smaller ponds, particularly in the
western portion of the Peninsula, not dignified by special names, as
well as areas of marshy savanna which were doubtless once open ponds,
and have become filled up in the course of time. Nearly all the ponds
have a thick layer of mud covering the sandy bottom, so that it is
usually unsafe to attempt wading. At low water several of the ponds
present muddy margins, which are very attractive to some species of
shore-birds, but the ‘‘dead’’ ponds in the western part of the Penin-

488 ANNALS OF THE CARNEGIE MuSEUM.

sula are surrounded by a dense growth of bushes, which encroach upon
the water to such an extent, that, even when the ponds are low, there
is no beach exposed.

The vegetation of these various ponds and marshes is profuse indeed.
Along their edges is a rank growth of rushes (/wncws), marsh grasses,
arrow-leaf (Sagztfaria), and cat-tail ( Zypha /atifolia), giving way, in
deeper water, to pondweed (Potamogeton), yellow water-lily (vm-
phea vartegata), and others fully as characteristic. In Niagara,
Yellow Bass, and Graveyard Ponds wild rice (Z7zania aguatica) grows
in abundance, and accordingly these are the favorite haunts of coots,
rails, bitterns, and the like. ‘The ducks would no doubt also relish
the wild rice, but as they can be so readily approached when feeding
among it, they soon learn that the more open ponds are safer, at least
in the daytime. In the drier portions there are extensive areas of
dense thicket, while the largest tracts of heavy timber are found on
the higher ridges west of Big Pond (Plate XVIII). The surface of
these ridges is very uneven, everywhere showing the peculiar sand-hill
formation. Oaks of several species constitute perhaps the bulk of the
forest, although there are considerable areas almost entirely given over
to white pines (Pinus Strobus), the trees of which, although well de-
veloped, do not attain the height elsewhere observed.

Erie Bay, constituting the harbor of the city of Erie, is about four
and one-half miles in length, with an average width of one and one-
half miles. The channel giving entrance from the lake opens into its
eastern end, between the pier at the Life-saving Station and the break-
water, built out from a point of land, known as the ‘‘ sand-beach,”’
just east of the mouth of Mill Creek. This is a favorite spot for shore-
birds, as mentioned above. ‘The shores of the bay are sandy for the
most part, but the beachis by no means so wide as that along the out-
side shore, and much of it is littered over with driftwood. West of
‘< Big Bend,’’ however, there are extensive marshy areas, and the
shallow water here is almost as good feeding-ground for the ‘* pond
ducks’’ as the ponds themselves. Here also at times of low water are
extensive mud-flats, frequented by many species of waders. Except
these marshesand the Mill Creek flats, the shore of the bay has no
marsh or beach that would attract anything but a Spotted Sandpiper,
and the same may be said of the whole lake shore of Erie County,
exclusive, of course, of the Peninsula. ‘The shallower parts of the bay
support a number of aquatic plants in considerable abundance, among

oe =

Topp: Birps or ERIE AND PRESQUE ISLE. 489

which may be mentioned wild celery (Va/disneria spiralis), which
is particularly in evidence about Crystal Point, at the entrance to
Misery Bay.

The proximity of a large body of water such as Lake Erie neces-
sarily exerts a marked influence upon the climate of the adjacent
region. ‘These climatic peculiarities were described in detail many
years ago by Dr. J. P. Kirtland (American Journal Science and Arts,
Second Series, XIII., 1852, 215-219), with whose observations at
Cleveland, Ohio, those of the writer agree so far as they go. In gen-
eral, it may be said that the lake exerts a fempering effect upon the
climate. Asa rule, neither the cold of winter nor the heat of summer
reach the extremes felt by localities south of the lake shore and removed
from its influence. Moreover, on the other hand, the several seasons
are successively later. During the winter Lake Erie is entirely frozen
over, and the presence of such a vast quantity of ice, yielding as it
does very slowly to the influence of returning warmth, absorbs the
bulk of the atmospheric heat in the melting, and thus keeps the air
cold and raw and the weather inclement until the completion of the
process. So long, therefore, as there remain any considerable bodies
of ice on the lake, spring will make but little advancement, but ‘‘ no
sooner do they disappear than spring sets in with a reality, and vege-
tation puts forth with swd-arctic rapidity.’’ Thus, in the season of
1g0o, the spring seemed to the writer, accustomed to a locality only a
hundred miles to the south, exceedingly cold and backward (May 23
having been the first moderate day), yet it would seem that this
particular season was not exceptional in this respect. ‘Then, too, the
hot weather persists much longer in the fall, and killing frosts are usu-
ally later by a month or more, than in the region just to the south.
Indeed, the woodland, shrubbery, and most of the herbage on the
Peninsula presented almost as green and fresh an appearance the first
week in November, 1go00, as in September along the Ohio River,
while the first destructive frost did not come until November 14.
Previous to this date, however, snow could be seen covering the high
ridge south of the lake shore plain, and the foregoing remarks are evi-
dently applicable only to the narrow strip of comparatively low land
contiguous to the lake.

In spite of these peculiar climatic conditions, the dates of the migra-
tion of birds seem not to be appreciably affected thereby, correspond
ing very closely to similar dates from adjacent regions. ‘The only

490 ANNALS OF THE CARNEGIE MUSEUM.

exception to this statement is in the case of certain waterfowl, the
length of whose stay in the fall is largely dependent upon the preva-
lence of open water. The trend of the migration at this point is not
exactly clear, and whether birds follow the shore of the lake until they
come to a convenient crossing-place at its extremity, or boldly adven-
ture themselves in direct flight across its expanse, is not with certainty
known. ‘There are, however, indications that the latter route is some-
times followed, not only by some of the water birds, to many of which
a flight over water is devoid of risk, but by certain of the smaller land
birds as well. Flocks of some species have repeatedly been seen, sup-
posedly in direct migration, flying out to the open lake or coming from
that direction. As Long Point is the nearest land on the Ontario side,
and is directly opposite Presque Isle, the inference that this was the
starting-point or destination of such flights seems not unreasonable.
On several occasions small land birds were picked up dead on the lake
shore, leading to the inference that they had attempted the direct flight
and had failed. Another circumstance worthy of mention in this con-
nection is the greater abundance of the smaller land birds in spring
migration at the eastern end of the Peninsula. It is as if they congre-
gated here in their passage along the coast before their flight across the
lake. It is noticeable, too, that in the fall the shore-birds are met with
first on the most northerly part of the outside beach, which they would
naturally strike first in coming directly across the lake, thence crossing
at the piers to the sand-beach on the mainland shore, or flying to the
ponds and other points on the Peninsula. The keeper of Presque Isle
Light says that birds do not strike the lantern there, save on very thick
and foggy nights, and that the number so killed in the course of a season
is inconsiderable.

In the nature of the case the locality under consideration is perhaps
the most favorable in the entire State of Pennsylvania for the study of
water birds. Quite a number of such occur here which have not been
detected in the interior counties, while among the land birds not a
few are far more abundant and characteristic. Were it not for the
proximity of such a large city, Presque Isle would doubtless be an ideal
spot for birds of almost all kinds, and many species the appearance of
which is at present rare and irregular would be much more numerous.
‘The persecution to which the birds of this locality are constantly sub-
jected by the hordes of gunners from Erie has resulted in a great
reduction in their numbers as compared with former years, and not a

Topp: Brrps oF ERIE AND PRESQUE ISLE. 491

few species which were once common are now rarely seen. Although
the Peninsula is government property, and as such is carefully pro-
tected from other forms of vandalism, there is absolutely no restriction
placed upon the extermination of its feathered inhabitants. The
place is overrun with pot-hunters, market-gunners, and irresponsible
sportsmen, who keep the game constantly stirred up, and whose per-
nicious activity has resulted in driving away not only many species
which are considered legitimate objects of pursuit, but also numerous
other kinds, which, if not valuable for economic or esthetic reasons,
are at least harmless. Immense bags of wild-fowl and shore-birds are
sometimes made by ignorant and conscienceless gunners, actuated by
greed of gain, or merely by the desire to kill, and the game-laws are
being constantly violated. Of course, such slaughter, all too common
as it is throughout the country, will eventually render its own con-
tinuance impossible. In the present case the abolition of spring
shooting, which would require for its consummation a legislative
enactment, would most certainly inure to the limitation of this
destruction. <A restriction upon the number of birds which one per-
son may kill in a day would tend in the same direction. The prohi-
bition of all shooting, or, if need be, of all trespassing, upon the
Peninsula and its adjacent waters, would be a most effectual measure.
There is no reason why various species of ducks and other water-birds
should not breed about the ponds and marshes of Presque Isle ; the
conditions, all save that of insufficient protection, are unaltered from
former years, when such was regularly the case. Finally, the strict
enforcement of the game-laws and the education of public sentiment
would be of inestimable advantage, and might yet avail to prevent the
threatened extermination of some forms of bird-life at this interesting
locality.

In the present connection some general observations on the avifauna
of Erie contributed by Mr. Samuel E. Bacon, a conscientious observer,
whose extensive experience adds value to his statements, are of such
interest that they are deemed worthy of insertion. ‘‘ As regards the
relative abundance of birds now (1903) as compared with 1888,
when I first began taking notes, I hardly know what to say. I cer-
tainly think that the song-birds have held their own. ‘The birds of
prey seem to have sadly diminished. Ten or fifteen years ago the first
mild days in spring used to bring hawks by the hundreds, but of late
years it is seldom that more than a pair are in sight at once. A

492 ANNALS OF THE CARNEGIE MUSEUM.

decrease is noticeable, too, in the numbers of ducks and waders, but
I think that the curtailing of their feeding-grounds and the continual
persecution to which they are subjected from the moment of their
arrival has led them to seek more secluded localities. In October,
Igor, there was an almost unprecedented flight of ‘pond-ducks’
(Anatine), and in some cases bags of thirty, forty, and even fifty
birds were made. I saw a bag of forty-two (mostly Mallards) killed
on the morning of October 17 by two gunners. ‘This hardly looks
as though the ducks were a thing of the past, and yet the next season
there may be no shooting of any consequence. Presque Isle Bay is
the only feeding-ground of any size for many miles on the south side
of Lake Erie, but with sixty thousand people living right at its shore,
the ducks have little chance to feed. The shallow water species, such
as the Mallard, Black Duck, Teal, Widgeon, Wood Duck, Pintail, and
Hooded Merganser are found in the ponds and along the bay shore of
the western portion of the Peninsula. These kinds, particularly the
Mallard, when persistently hunted, will fly out into the middle of the
bay to spend the day, returning at dusk to the ponds, where I have
watched them feeding in the moonlight. The Scaups, Redheads,
Golden-eyes, Buffleheads, Scoters, Long-tailed Ducks, and Red-breasted
Mergansers are found in the deeper waters of the bay, or rather would
be found there if unmolested, but, so accustomed have they become to
being disturbed, that daylight generally sees them on the move for the
main lake, where, if it is not too rough, they spend the day, returning
to the bay about dusk. ‘This is of course not the invariable rule for all
the deep water ducks, for some stay on the bay in spite of the gunners,
and some species would no doubt go to the lake to feed in any case.
In flying to and from the lake the ducks either cross the narrow neck
of the Peninsula to the west, or go over the breakwater pier at the
eastern end of the bay, which place has been a famous ducking point
in years past.

‘©The shore-birds would seem to have fallen off considerably in
numbers in the last six years, but in this period there has been
very little low water, and the flats at the mouth of Mill Creek have
grown up with weeds to such an extent that their favorite feeding-
grounds are greatly diminished. Many species have seemed to be almost
if not quite unrepresented of late years. The fall flight of Red-backed
Sandpipers was formerly looked forward to as being as certain as the
close of navigation, yet there has been no flight of these birds since

—S— Ss! Oe

Topp: Birps or ERIE AND PRESQUE ISLE. 495

1897, and that was a small one, a few hundred birds in all. The Pec-
toral Sandpiper was practically not represented in the migrations of
1goo, but the following year it was found in small numbers. The
White-rumped and Stilt Sandpipers, the Knot, Red-breasted Snipe,
Hudsonian Curlew, and Northern Phalarope ought, in my judgment,
to occur here regularly, but certain it is that we get very few shore-
birds, other than Yellow-legs (both species), Semipalmated Plover,
Killdeer, Least and Semipalmated Sandpipers, Sanderlings, and an
occasional Black-bellied and Golden Plover. I hope that the decrease
apparent in water-birds of nearly all kinds merely means that they are
migrating by safer routes, but I fear that what I have noted at Erie is
but a fair sample of what has been observed throughout the country.’’

Two hundred and thirty-seven species of birds have been recorded
from the region of which this paper treats — a larger number than have
been observed in any other area of similar size in the western part of
Pennsylvania, and the list is still obviously far from complete. More-
over, it is evident that further observations would add largely to the
notes on the seasonal occurrence and abundance of many of the less
common species. Considerable difficulty has been encountered in
attempting to classify the various components of the avifauna according
to their seasonal status, as in some cases such is uncertain or indeter-
minate, and the lists that follow must be regarded as provisional only,
and subject to modification in the future.

Eighteen species are to be classed as permanent residents, two of
them doubtfully, as their occurrence throughout the year is inferred
rather than known. They are:

? Centurus carolinus,
Otocorts alpestris praticola,
Cyanocitta cristata,

Colinus virginians,
Bonasa umbellus,
Nyctalops wilsonianus,
Syrnium varium, Astragalinus tristis,
Cryptoglaux acadica, Melospiza cinerea melodia,
Otus asto, ? Cardinalts cardinals,
Asio magellanicus virginianus, Ampelis cedrorum,
Sitta carolinensis,

Parus atricapillus.

Dryobates villosus,
Drvyobates pubescens medians,

Eighty-eight species may be placed in the list of summer residents,
and doubtless some listed as transients belong here also, as the locality
is well within their known breeding range. On the other hand there

494 ANNALS OF THE CARNEGIE MUSEUM.

are a number, preceded by an asterisk in the subjoined list, which
are far more common and characteristic during the migrations than in

the breeding season.

Such species as occur occasionally in winter are

marked with a dagger, while several, as to whose breeding here there is

still some doubt, are appropriately designated.

* Merganser serrator,
Aix sponsa,
Botaurus lentiginosus,
Arietta exilis,

Butorides virescens,

? Wyecticorax nycticorax nevus,

* Rallus virginianus,
Porsana carolina,
Philohela minor,

* Gallinago delicata,

* Flelodromas solitarius,
Bartramta longicauda,
Actitis macularia,
Oxyechius vociferus,

gialitis meloda circumeincta,

? Ectopistes migratortis,

+ Zenaidura macroura,
Circus hudsonius,

? Accipiter velox,

? Accipiter cooperit,

Buteo borealts,
Buteo lineatus,

? Buteo platypterus,
flalieetus leucocephalus,
Falco sparvertus,

Coccyzus americanus,
Coccyzus erythrophthalmus,

+ Ceryle alcyon,

+ Melanerpes erythrocephalus,

+ Colaptes auratus,
Antrostomus vociferus,
Chordetles virginianus,
Chetura pelagica,
Trochilus colubris,

They are:

Tyrannus tyrannits,
Myiarchus crinitus,
Savornis phabe,
Hlorizopus virens,
L’mptdonax virescens,
Lempidonax minimus,

+ Corvus brachyrhynchos,
Dolichonyx orystvoris,
Molothrus ater,
Agelaius pheniceus,

+ Sturnella magna,
Lcterus spurtus,
Icterus galbula,
Quiscalus quiscula eneus,
Carpodacus purpureus,
Pooecetes gramineus,

? Passerculus sandwichensts

anna,

SaOU-

Coturniculus savannarum pas-

Servinus
Spisella socialts,
Spisella pusilla,
Melospiza georgiana,
Pipilo erythrophthalmus,
Zamelodia ludoviciana,
Cvanospiza cyanea,
Spiza americana,
Piranga erythromelas,
Progne subts,
Petrocheliton lunifrons,
flirundo erythrogaster,
* Tridoprocne bicolor,
Riparia riparia,

? Steleidopleryx serripennts,

Topp: Birps OF ERIE AND PRESQUE ISLE. 495

Wilsonia mitrata,
Setophaga ruticilla,
Galeoscoptes carolinensis,

Lantus ludovicianus migrans,
Vireo olivaceus,
Vireo gtlvus,
Vireo flavifrons,
Mniotilta varia,
? Compsothlypis americana,

Toxostoma rufum,
Troglodytes aédon,

? Cistothorus stellaris,
Telmatodytes palustris,
fly locichla mustelina,
f1ylocichla fuscescens,

+ Merula migratoria,
Stalia sials.

Dendroica estiva,

Dendroica pensylvanica,

Seturus aurocapillus,

Geothlypis trichas brachidactyla,

Icteria virens,

The winter visitants number at least twenty-five species, some (*) of
which, however, are much more numerous during the season of migra-
tion, while others (+) have not yet been actually found throughout the
entire cold season, although their occurrence is in every way probable.

They are as follows:

Larus argentatus,
* Aythya vallisneria,
* Fuligula marila,
Clangula clangula americana,
Oidemia degland.,
Oidemia perspicillata,
+ Accipiter atricapillus,
+ Archibuteo lagopus sancti-johan-
nts,
+ Scotiaptex nebulosa,
Nyctea nyctea,
Otocoris alpestris,
flesperiphona vespertina,

Pinicola enucleator leucura,
Loxtia leucoptera,
Acanthis linaria,

+ Acanthis linaria rostrata,

+ Spinus pinus,
Passerina nivalis,

* Calcarius lapponicus,
Spisella monticola,

* Junco hyemals,
Lanius borealts,

+ Dendroica coronata,

* Olbtorchilus hiemalts,

+ Regulus satrapa.

This gives a total of one hundred and six species for the breeding

season and forty-three for the winter.

To these are to be added ninety-

five species best classed as transient visitants, although some of them,
indicated by an asterisk, possibly breed occasionally, while others,
marked by a dagger, are apt to occur in the winter season also.

+ Colymbus holbalti,

+ Colymbus auritus,
Podilymbus podiceps,
Gavia imber,

Gavia lumme,

Larus delawarensts,
+ Larus philadelphia,

Sterna caspla,

496 ANNALS OF THE CARNEGIE MUSEUM.

Sterna hirundo, Pelidna alpina sakhalina,
Flydrochelidon nigra surtnam- Ereunetes pusillus,

ensts, Caldris arenaria,
Phalacrocorax ailophis, Totanus melanoleucus,
Merganser americanus, Zotanus flavipes,
Lophodytes cucullatus, Numenius hudsonicus,

* Anas boschas, Numenius boreals,

+ Anas obscura, Sguatarola squatarola,
Chaulelasmus streperus, Charadrius dominicus,
Mareca americana, legialitts semtpalmata,
Nettion carolinensis, Arenarta morinella,
Querquedula discors, falco columbarius,
Spatula clypeata, * Pandion haliaétus carolinensts,
Dajila acuta, * Vyctalops accipitrinus,

+ Avthya americana, Sphyrapicus varius,

+ Fuligula affints, Nuttallornis borealis,
Fuligula collarts, E-mpiidonax flaviventris,
Charitonetta albcola, Lempidonax traillit alnorum,

+ Harelda hyematlis, Luphagus carolinus,

+ Otdemia americana, Ammodramus nelsont,
Lerismatura jamarcensts, Zonotrichia leucophrys,
Branta canadensis, Zonotrichia albicolltts,
Olor columbianits , Passerella tliaca,

Ardea herodias, Vireo philadelphicus,
Rallus elegans, Vireo solttarius,

Porzana noveboracensts, Flelminthophila rubricapilla,
Gallinula galeata, Helminthophila celata,
Fulica americana, Flelininthophila peregrina,
Crymophilus fulicarius, Dendroica tigrina,
Phatlaropus lobatus, Dendroica ceriulescens,
Steganopus tricolor, * Dendroica maculosa,
Macrorhamphus griseus, Dendroica castanea,
Micropalama himantopits, Dendroica striata,
Tringa canutus, Dendroica blackburnie,
Arquatella maritima, * Dendroica virens,
Actodromas maculata, Dendroica vigorsit,
Actodromas fuscicollts, Dendroica palmarum,
Actodromas bairadii, Seturus noveboracensts,

Actodromas minutilla, Geothlypis agilts,

Topp: Brirps oF ERIE AND PRESQUE ISLE. 497

Geothiypis philadelphia, Sitta canadensis,

Wilsonia pusilla, Regulus calendula,

Wilsonta canadensis, fylocichla alicia,

Anthus penstlvanicus, Flylocichla ustulata swatnsonit,

+ Certhia familiarts americana, Lylocichla guttata pallasit.

There remain eleven species which it is perhaps best, on the whole,
to assign to the class of accidental visitants, at least for the present :

Uria lomvia, Corvus corax principals,
Stercorarius parasiticus, Xanthocephalus xanthocephalus,
Rissa tridactyla, Thryothorus ludovicianus,
Pelecanus erythrorhynchos, Beolophus bicolor,

Somaterta spectabilis, Poltoptila cerulea.

Symphemia semtpalmata,

Among the one hundred and six species known or believed to breed
in this locality there are none strictly referable to the Canadian Fauna,
and but seven, Centurus carolinus, Empidonax virescens, Cardinalis
cardinalis, Spiza americana, Stelgidopteryx serripennis, Icteria virens,
and lWilsonta mitrata, which are Carolinian in their faunal affinities,
and it is to be further noted that of these only two, Amfidonax
virescens and IVilsonia mitrata, appear to be at all common and regu-
lar during the breeding season. With these exceptions the species
which are of value in predicating the faunal position of the locality are
all more or less characteristic of the Alleghanian Fauna, either in their
northward or southward dispersion in the breeding season. ‘The local
species which in their breeding range to the southward are limited to
the Alleghanian Fauna are J/erganser serrator, Rallus virginianus,
Porzana carolina, 4A-gialtis meloda circumcincta, Empidonax mininius,
Dolichonyx oryszivorus, Carpodacus purpureus, Passerculus sand-
wichensis savanna, Melospiza georgiana, Zamelodia ludoviciana, Lrid-
oprocne bicolor, Dendroica pensylvanica, and Hylocichla fuscescens.
The region under consideration may safely be considered as included
within the Alleghanian Fauna, although with a slight admixture of the
Carolinian element. It is to be regretted that a more extended study
has not been made of the birds of the lake shore plain, as it would be
interesting to know to what extent and why its avifauna differs from
that of the north shore of Lake Erie, which is considered to be Caro-
linian in character throughout, and to carry that life-zone into western
New York.

498 ANNALS OF THE CARNEGIE MUSEUM.

The area covered by the present paper comprises, besides the
Peninsula and Presque Isle Bay, the lake shore plain and its environs
within about four miles of the city of Erie. For the sake of complete-
ness a few notes referring to other (Pennsylvania) localities on the
lake have been included, as specifically stated under the head of the
various species involved.

LisT OF SPECIES.
1. Colymbus holbellii. Hotpca:_i’s GReBe; Reb-NECKED GREBE.

A transient visitant, possibly also a winter resident, apparently of
rare occurrence. A single female was shot November 17, 1900, in the
channel near the Life-saving Station, and kindly presented to us by
Mr. Frank Claus. In this specimen the red area of the throat was
plainly indicated, the color being obscured by white — the mark of an
adult bird. On November 26 a second specimen was secured by Mr.
Claus, and on October 27, 1901, one was shot by a local gunner, both
of which were immature birds, and are now in the Carnegie Museum.
The most recent record refers to a pair taken February 13, 1g04, at
the mouth of Mill Creek, which specimens are also preserved in the
Carnegie Museum.

2. Colymbus auritus. Hornep GREBE.

A regular migrant, quite common in the spring, and fairly abundant
in the fall. At the former season (in 1900) it was first recorded on
March 27, and none were noted after April 17. As a rule it was
found in small parties, although on one occasion (April 2) a compact
flock of a dozen was observed, which took wing upon pursuit in prefer-
ence to attempting escape by diving, as is usual. Male specimens
secured near the time of the vernal departure of the species were in
almost perfect breeding dress, but those taken earlier in the season
showed a considerable admixture of the light-colored feathers of the
winter plumage. In the fall the earliest record was for October 23,
when a small number were observed on the main lake, and from this
time until our departure it was noted almost daily, occasionally off
the outside beach, but most frequently on Erie Bay, and particularly
Misery Bay, the sheltered situation of which offered peculiar attrac-
tions. ‘There were days in November when from ten to twenty indi-
viduals could be counted at once, although they never drew together
into a compact flock, and in their movements when feeding or when
pursued seemed to be entirely independent of one another. At this

Topp: Brrps or ERIE AND PRESQUE ISLE. 499

time of the year the birds were by no means shy, and were easily
approached. Specimens in Mr. Sennett’s collection taken October
22, 1875, and October 29, 1889, tend to confirm the date of arrival
recorded by us in rg00. Regarding its time of departure, Mr. Bacon
states that it remains until the bay freezes over (December 8, 1894 ;
December 9, 1900), but ordinarily does not winter. One specimen
shot January 10, rgor, and an emaciated specimen captured near a
farmhouse, February 6, 1904, constitute exceptional records. The
latest date in the spring migration appears to be April 24, 1902, when
the species was recorded by Mr. Simpson. In former years it may even
have bred in this locality, as it is known to do now at the St. Clair
Flats, and formerly in northern Ohio, as recorded by Audubon ( Or-
ntthological Biography, WI., 1835, 431) and Dr. F. W. Langdon
( Journal Cincinnati Soctety of Natural History, U1., 1880, 230).

3. Podilymbus podiceps. Prrp-piLLeD GRERE.

The present species, like the last, occurs only as a migrant in the
spring and fall. Although reported to be regular in its appearance at
the former season, it was apparently not common in the spring of
April 16, when a
flock of five was seen in Big Pond, two of which were secured ; April
17, when a few more were observed in the same pond ; and April 23,

1900, having been noted on but three occasions

when a single specimen was shot, also at the same place. Although
the conditions are seemingly as favorable for the species nesting here as
at other points along the shore of Lake Erie (cf Langdon, Journal
Cincinnati Society of Natural History, U1., 1880, 231), diligent and
repeated search in May failed to disclose the presence of evena single
individual, nor has Mr. Bacon ever found it in the breeding season.
However, he notes that it is among the first of the waterfowl to arrive
in the fall, coming in August (August 26, 1892; August 8, 1903).
In rgo00 it was recorded in the fall migration as early as August 27,
and may have been present previous to that date. A bird secured
September 4 was in full summer plumage, but all others taken at this
season were in winter or immature dress. ‘The species seemed to in-
crease in numbers up to the last week in September, when it was exceed-
ingly abundant, not only in the various ponds, but also on the shallow
parts of the bay, wherever there was an abundant growth of aquatic
plants. While numbers were often seen together, it would appear that
their association was the result of a common interest rather than of

500 ANNALS. OF THE CARNEGIE MUSEUM.

a truly gregarious disposition. Unlike the Horned Grebe, none were
seen on the main lake, while on the other hand none of that species
were found in the ponds. At this time the birds were by no means
shy, and being so constantly in evidence were the source of some
trouble to the observer looking for other species. A decrease in their
numbers was noticeable through October, becoming more marked as
the Horned Grebe increased in abundance, while the last record was
made on November 14, although the probabilities favor a somewhat
later date as the actual time of final departure.

4. Gavia imber. Loon.

‘* A few of these birds are seen on the bay every spring and fall,
but they are never common. I observed one individual as late as
May 31 (1896), while September 25 (1894) is my earliest fall record ”’
(Bacon). Mr. Simpson reports the species as having been observed
in April and November of 1902 and 1903, and notes that a specimen,
still in winter plumage, was shot at Crystal Point on April 25,
1g02. Curiously enough, no Loons were seen in the spring of 1900
until May 4, when two individuals were observed flying over the bay
together. In the fall the species was more numerous, arriving Octo-
ber 6, and was noted at intervals during that month and the next,
single birds being recorded from the bay or lake. On November 12
a gunner picked up a Loon on the shore of Misery Bay near our house-
boat, and brought it to us alive. It was practically helpless on the
flat surface, but quite vicious, striking savagely with its powerful beak
when teased, and uttering its peculiar reverberating cry. Upon skinning
it proved to have been wounded and partially disabled. The last
record was made on November 18, when one was seen on Misery Bay
off Crystal Point, and watched for some time while feeding. It doubt-
less remains as long as there is open water in the bay. Occasionally
one is caught in the fishermen’s nets. <A fine specimen in the Car-
negie Museum, dated April 25, 1903, was taken in this way.

[ Gavia arctica, BUACK-THROATED Loon,

Given by Mr. Lynds Jones (Birds of Ohio, 1903, 26) as a casual winter visitor in
Ohio, where a number of specimens have been taken since that recorded by Dr. J. M.
Wheaton, which was captured near Kelley’s Island instead of on Sandusky Bay.
This is a boreal species, seldom reaching the United States in its winter dispersion. ]

5. Gavialumme. ReEbD-THROATED Loon.
Although Dr. Warren states (47rds of Pennsylvania, 1890, 8), pre-
sumably on Mr. Sennett’s authority, that ‘‘ this bird is often met with,

Topp: Birps or ERIE AND PRESQUE ISLE. 5O1

especially late in the autumn,’’ at Erie, the evidence so far at hand
does not admit of such a general statement as regards its abundance.
It is to be clsssed as a transient visitant, of casual occurrence in the
fall and early spring. In rgoo two specimens in immature dress were
secured from local gunners, both shot on Erie Bay, on October 23 and
November 19g, respectively. <A little later, on November 28, a third
specimen was captured on the bay by a gunner. On February 16,
1904, three were shot in the channel at the Life-saving Station, and a
single bird was killed at the docks on February 25 also, all but one
of which are now in the Carnegie Museum. ‘These seven examples
are all that are certainly known from this locality.

6. Uria lomvia. Brt‘NNICH’S MuRRE.

The month of December, 1896, was memorable for the appearance
of this maritime species at many points far inland, as far west as
Michigan and Indiana. ‘The flight seems to have followed the basin
of the Great Lakes, along which there are numerous records. ‘Thus,
specimens have been recorded from near Sandusky and Painesville,
Ohio (Butler, Auk, XIV., 1897, 197-198; zd., Birds of Indiana,
1897, 566), taken December 19. With these occurrences the Erie
records, here published for the first time, are in close accord. Mr.
Bacon states that several were shot on the bay in December, 1896,
and although he quotes no dates, the time of their capture is fairly
well indicated by a specimen (labeled a female) in Mr. James Thomp-
son’s possession that is marked ‘* December 18, 1896,’’ by the party
who mounted it. At least one other specimen from this fli.ht was
mounted by a local taxidermist, which bird is now in the Carnegie
Museum. ‘The species was not met with again until November 20,
1899, when a single bird was killed on the bay by a gunner, this
specimen also eventually coming to the Carnegie Museum. In rgoo
specimens were taken by gunners on November 27 and December 2,
from which flight two specimens are known to have been preserved,
one now in Mr. Bacon’s collection, and the other in that of the Car-
negie Museum. All the gunners who have met with birds of this
species agree in stating that they were easily approached and killed.

[Stercorarius pomarinus. POMARINE JAEGER.

Of casual occurrence on Lake Erie, there being records for Cleveland (Wheaton,
Birds of Ohio, 1882, 546), Sandusky (Cook, Bzrds of Michigan, 1893, 27), and
Lorain (Jones, Birds of Ohio, 1903, 27).]

502 ANNALS OF THE CARNEGIE MUSEUM.

7. Stercorarius parasiticus. PARasITiC JAEGER.

An accidental visitant, of whose occurrence there is but one authentic
record. This depends upon a specimen in Mr. Sennett’s collection
taken at the head of Erie Bay, October 15, 1874, by Mr. Merrick Low.
Mr. Sennett’s catalogue notes with reference to this specimen: ‘* Bird
very poor and quite exhausted. None ever noticed there before.’’
Of interest in this connection there may be noted a few more recent
records, from Lorain and Sandusky Bay, Ohio (Jones, Birds of Ohio,
1903, 27 ; Comstock, Auk, XIII., 1896, 1717).

8. Rissa tridactyla. Kirriwake GULL.

Mr. Worthington, who is very familiar with this species elsewhere,
saw and positively identified a single individual off the outside beach
on October 17, 1900, but was unable to secure it. Dr. J. M. Wheaton
states (Birds of Ohio, 1882, 550) that it is a ‘* Very rare or acci-
dental winter visitor on Lake Erie. Mr. Winslow notes the occur-
rence of three specimens in Cleveland harbor many years since.”’
Future investigation, however, may perhaps show that this species is at
least sparingly represented every winter on the lake, as indicated in
the A. O. U. Check-List: ‘‘ south in eastern North America in winter
to the Great Lakes.”’

[Larus glaucus, GLAUCOUS GULL.

This large gull is to be looked for in winter. There are records from the Niagara
River near Buffalo, January 29, 1895 (Savage, dws, XII., 1895, 312), and from
Indiana (Butler, Azrds of (Indiana, 1897, 570) and Michigan (Cook, Birds of Michi-
gan, 1893, 27.)

Larus leucopterus. ICELAND GULL.

Another northern species, the casual occurrence of which in the winter may be ex-
pected, judging from the number of extralimital records. Dr. J. M. Wheaton ( A7rds
of Ohio, 1882, 547), gives it as a ‘‘ Rare winter visitor on Lake Erie. Mr. Winslow
states that two or three specimens have been taken in Cleveland harbor.’’ Mr. Lynds
Jones mentions a specimen from Lorain, December 22, 1888 (42rd of Ohio, 1903,
28). Mr. E. W. Nelson (Bulletin Essex Institute, VIII., 1876, 145) considers it a
“regular and not uncommon winter resident on Lake Michigan.’’

Larus marinus, GREAT BLACK-BACKED GULL.

In September, 1900, the writer repeatedly saw a single gull along the outside beach
which is believed to have been of this species. It was so wary, however, that jn no
case could it be approached near enough to positively identify it. Moreover, this gull
has been described by fishermen as being met with in early winter far out on the lake,
where the tugs go to set the nets, and there would seem to be no reason to doubt the
identification, inasmuch as there are numerous records for such near-by localities as
Buffalo (Savage, dus, XII., 1895, 312), and Cleveland (Wheaton, Azrds of Ohio,
1882, 547). ]

Topp: Birps oF ERIE AND PRESQUE ISLE. 503

g. Larus argentatus. HERRING GULL.

This gull is a regular winter resident in the vicinity of Erie, and it
is certainly an abundant species during the migrations. A flock of a
dozen individuals was observed March 21, rgoo, at the mouth of Mill
Creek, feeding in the only open water at that time on the bay. Before
the end of the month their numbers had largely increased, but through
April gradually diminished, although the last individual to be recorded
was noted as late as May 12. At this season the species was usually
found in scattered companies, rarely exceeding a dozen individuals,
feeding in the waters of the bay or resting on the edge of the ice. A
large proportion of the birds occurring early in the spring were adults,
but with the advance of the season these became scarcer and scarcer,
and all the later records were of gray birds. ‘There is a specimen in
Mr. Sennett’s collection taken as late as May 16, 1875, and Mr. Bacon
states that he has often seen them on the open lake in summer, although
they seem never to frequent the harbor at that season. He is inclined
to think that they may breed on the Canadian shore of Lake Erie, but
while such may have been the case many years ago, there would seem
to be no recent records to justify such a supposition. The probabilities
are that the birds seen in summer are non-breeding and immature indi-
viduals, which have failed to follow the bulk of the species to their usual
nesting-grounds. In the fall of 1900 a single bird was seen on August
22, and what was presumably the same individual was noted at inter-
vals up to September 6. ‘The following day three were seen, and on
September 12, after a stormy night, the species had become abundant,
and so remained until the date of our departure in November. Both
young and old appeared together at this time, when the former far
outnumbered the latter. Although commonly found on the bay, im-
mense flocks frequented the open lake as well, standing in more or
less close order on the sandy outside shore, flying out to alight on the
water. when disturbed. They were at all times shy, but once or twice,
during heavy storms, it became possible to approach within gunshot.
They were accustomed to follow in the wake of the numerous fishing
tugs as they came into the harbor with their catch of fish, ready to
pick up what was thrown overboard. None were ever seen in the
ponds, although often they were observed soaring high over the Penin-
sula, on their way between the bay and lake. Mr. Bacon’s experience
has been much the same. He states that on April 25 and 26, 1go1,
he noted a pair about a pond in the fields, and has once or twice in

504 ANNALS OF THE CARNEGIE MUSEUM.

the spring seen several high in the air, flying over the mainland towards
the lake, evidently migrating ; otherwise he has never observed them
away from the lake and bay. Im a series of ten specimens secured
during the spring and fall of 1900 only one was in fully adult plumage.

1o. Larus delawarensis. RING-BILLED GULL.

The Ring-billed Gull may occur through the winter, but it was re-
corded by us as a migrant only, not noticed in the spring, but moderately
common in the fall, from October 17 until November 15. Scattering
individuals were frequently noticed on both Lake Erie and Misery Bay,
sometimes alone, but more often associated with Herring or Bonaparte’s
Gulls. They were not particularly shy, and on November 4, when they
were especially abundant, kept flying over our duck decoys and near
the blinds with utter fearlessness. It so happened, however, that no
specimens were secured. Mr. Bacon seems not to have met with this
bird in life, but Mr. Simpson contributes the following notes: ‘‘On
April 26, 1902, during a terrific northwest blow that brought on an im-
mense flight of Bonaparte’s Gulls, two birds of this species [the Ring-
billed Gull] were noted off Crystal Point, one of which I was so fortunate
as tosecure. From November 17 to 23, 1902, this gull, together with
the Herring and Bonaparte’s Gulls was quite common off the outside
beach during the strong east winds which prevailed at that time, and by
persistent effort I was able to secure six specimens, all in the spotted
plumage of the immature bird. Two adults were noted, one of which
was wounded off Crystal Point, but not secured. Again, on Novem-
ber 24, 1903, a few of this species were seen, associated with the Her-
ring Gulls.’’ ‘Two of the specimens alluded to above, taken respectively
on November 22 and 23, 1902, are now in the Carnegie Museum.

11. Larus philadelphia. BoNaparrte’s GULL.

This species occurs as a common transient in spring and fall, being
most numerous at the former season, according to the testimony at hand.
Our experience with this gull in the spring of 1g00 was that it was usually
found in loose flocks of from twenty to a hundred individuals, coursing
up and down the bay, feeding, or occasionally on the outside beach,
resting on a sand-bar. However, on the few comparatively calm days
during the season more or less compact flocks were met with resting on
the smooth water, their light color rendering them conspicuous at a long
distance. At such times it was difficult or impossible to approach
within range, and far better chances of securing specimens were afforded

Topp: Brirps or ERIE AND PRESQUE ISLE. 5O5

by remaining quietly in the boat as the birds came by on their course
and picking off such as ventured too close. A single bird flung out as
a decoy would almost always bring others within reach, and on one
occasion the cries of a wounded bird brought an entire flock headed
en masse towards the sound. ‘The first individuals were seen on April
13, and the following day a large flock was observed. Practically all
of the birds met with thus early in the season were in full adult plumage,
with the black hood complete, but towards the latter part of April and
during May immature birds were almost exclusively observed. ‘The
last were recorded on May 12, but Mr. Bacon has noted them some-
what later— May 15, 1901, May 25, 1895. Our recorded date of
arrival in 1900, as well as Mr. Simpson’s in 1903 (April 13) may pos-
sibly be a little early, since Mr. Bacon’s notes give April 26 and 24 as
the dates of first appearance in 1892 and 1894 respectively, while there
is a specimen in Mr. Sennett’s collection taken April 23, 1875. Mr.
Bacon has also recorded the species in the fall movement as early as
August 13 (1902) and 20 (1890), but he adds that it does not gener-
ally arrive until the first week in September, remaining into November,

while he has even once or twice seen an individual during the winter
months —a statement borne out in some measure by Dr. Warren, who
says (Birds of Pennsylvania, 1890, 16) that he ‘‘ observed a flock
of a dozen or more of these gulls in company with two or three Her-
ring Gulls late in the month of December, 1889.’’ Although observed
in August by Mr. Bacon, as above stated, and, although a specimen in
Mr. Sennett’s collection was taken as early as September 22 (1875),
it was not until October 29 that we noted its return in the fall of 1g00.
By November 1 the birds were common, being seen almost daily
thereafter until November 17, and no doubt remaining still later.
They were more frequently observed on the main lake at this season,
but were scarcely so abundant as in the spring.

[Nema sabinit. SABINE’S GULL.

‘‘Accidental in winter on Lake Erie. Mr. Winslow informs me that he took an
immature bird of this species in Cleveland harbor many years since.’’ ( Wheaton,
Birds of Ohio, 1882, 552.)

Gelochelidon nilotica. GULL-BILLED TERN,

‘« Rare visitor in the vicinity of Cleveland, where taken by Mr. Winslow.’’ (Wheaton,
Birds of Ohio, 1882, 553.) It is recorded as breeding at the St. Clair Flats on
the authority of Mr. Adolphe B. Covert, and as ‘often common on Lake Erie’ (in
Michigan) on the authority of Mr. Jerome Trombley, (Cook, Birds of Michigan,

1893, 29).

506 ANNALS OF THE CARNEGIE MUSEUM.

12. Sterna caspia. Caspian TERN.

This large tern was rather common during the fall migration of
1900, from September 4 until October 3. Although occasionally met
with by itself, singly, or in small companies, it was more frequently
found associated with the Herring Gull, both on the bay and lake, and
like that species was rather shy. ‘The large flock of gulls on the out-
side beach included a number of Caspian Terns, which could easily be
distinguished, if adults, by their bright red bills. The adults had a
harsh, rasping cry, which was very distinctive, while the note of the
immature birds was more musical. ‘Two specimens, an adult and
a young one, were secured by us, both on the outside beach, and Mr.
Simpson also shot two birds on September 17. ‘There is a single
specimen (September 15, 1888) in Mr. Sennett’s collection, and Mr.
Bacon has observed the species as a regular visitant in September and
October, although he has never seen more than ten or twelve in any
one season. An immature bird taken October 6, 1892, and an adult
and young, taken September 21, 1901, by Mr. Bacon, are in the
Carnegie Museum. ‘The only spring record appears to be that of Mr.
Simpson, who notes that ‘‘ during the terrific ‘northwester’ of April
26, 1902, I saw three on Misery Bay in the company of Common

be)

‘ferns and Bonaparte’s Gulls.

[Sterna forstert. FORSTER’S TERN.

Careful search was made for this tern in the spring and fall of 1900, but none were
identified, although the species, being more a bird of the interior than Sferna hirundo,
would naturally be expected to occur. ‘The nearest locality (on the Great Lakes)
from which it is reported appears to be the St. Clair Flats, (Cook, Azrds of Michi-
gan, 1893, 29).]

13. Sterna hirundo. Common TERN.

A regular transient, abundant in the spring, and fairly common in
the fall. It has been recorded as early in the spring as April 26
(1902) by Mr. Simpson, but in rg00 we did not meet with it until
May 7, when a few were observed with the Bonaparte’s Gulls on the
bay, and at least fifty individuals were seen in a flock by themselves.
For about two weeks thereafter they were very common indeed, and a
number were noted as late as May 29. While the Bonaparte’s Gulls
remained the terns were frequently found in their company, and both
could be decoyed by throwing over a dead bird and imitating their
cry. When shot at the terns presently mounted high in the air above

their dead companions, while the gulls dispersed or passed on. Later

.

Topp: Birps or ERIE AND PRESQUE ISLE. 507

in the season the terns were often found scattered over the bay resting
by preference on pieces of floating driftwood. While there is no
present intimation that this species ever bred in the immediate vicinity
of Erie, such may readily have been the case in former years, before
the city had grown to any size. Mr. Bacon states that as a rule none
are seen after May 25, although in 1903 he saw a single individual
on June 15, anda pair on June 4, 1904. ‘The nearest point where
the Common Tern is actually known to nest would appear to be Big
Chicken Island, off Put-in-Bay, Ohio, where Mr. E. B. Williamson
of Bluffton, Indiana, in a letter to the writer dated February 14,
1gO1, states that he collected numerous sets of their eggs on June 30,
1896. ‘The probabilities are that the terns found at Erie breed to the
northeast, on Lake Ontario and the Saint Lawrence. For the return
movement August 8 (1903) is the earliest recorded appearance, but
this is exceptional, according to Mr. Bacon’s experience. ‘Thus, we
did not meet with it in the fall of 1g00 until August 28, when a flock
of about thirty was noticed on the bay. It was found in greater or
less numbers from that date until September 26, but no very large
flocks, such as were met with in the spring, were observed. At this
season it frequented the main lake as well as Erie Bay, and was often
found associated with the Black Tern during the period of abundance
of the latter species.
[Sterna dougalli. ROSEATE TERN.

A maritime species of only casual occurrence in the interior. Dr. J. M. Wheaton

includes it as a bird of Lake Erie m Ohio on the authority of Mr. Winslow ( Birds
of Ohio, 1882, 562).
Sterna antillarum. VEASY TERN.

‘Certainly breeds at St. Clair Flats,’ according to Dr. W. C. Brownell (Cook,
Birds of Michigan, 1893, 30), and, if so, it may stray eastward along Lake Erie. ]
14. Hydrochelidon nigra surinamensis. Brack TERN.

Dr. Warren states (4irds of Pennsylvania, 1890, 23) that ‘* Dr.
John W. Detwiller . . . writes me, that, some years ago he ‘ procured
eggs of the Black Tern upon drift-wood on Lake Erie, near Erie city.’

I am not aware that they are now known to breed anywhere in
the neighborhood of Erie county or elsewhere in our state.’’ While there
is nothing intrinsically improbable in the breeding of the Black Tern
here in former years, as, indeed, it does today (or at least as recently
as 1896, as the writer is informed by Mr. E. B. Williamson), near San-
dusky, Ohio, it has been shown that the late Dr. Detwiller was an

DOS ANNALS OF THE CARNEGIE MUSEUM.

utterly unreliable observer, and all of his published records are thus
open to doubt. Dr. Warren goes on to state that ‘‘ Mr. George B.
Sennett . . . has observed the Black Tern in the vicinity of Erie city
only during the spring and fall,’’ and to support this statement there
are a pair of birds in Mr. Sennett’s collection taken September 23,
1875. The only definite spring record available refers to an indi-
vidual in full breeding dress seen on the bay April 27, 1902, by Mr.
Simpson. Mr. Bacon has never met with the species save in Septem-
ber, 1g00, so that in its occurrence even as a fall transient it would
seem to be irregular. The writer found it very common at the St.
Clair Flats and along the Detroit River late in August, 1903, and it is
singular that in its migrations it should not regularly extend to the
eastward along Lake Erie. Our notes on its occurrence in Igoo are
presented herewith. Several small flocks were seen on the main lake
September 12, after the most severe storm of the season. On Septem-
ber 15 two were seen on the bay, one of which was secured. On the
evening of September 16 the species suddenly became very prominent
on the bay about Crystal Point, and on the following day, which
dawned stormy and threatening, with frequent gusts of rain and a strong
northwest wind, it was exceedingly abundant, swarming on both the
bay and lake, far outnumbering the Common Terns, which were flying
at the same time. ‘The birds were perfectly tame, silent, and very fear-
less, repeatedly coming within a yard of the observer in their flight.
They would beat up against the wind for a distance and then drift
down before it, occasionally stopping over the water to pick up food,
and on the outside beach flying over the land and the ponds back
of the shore, without discrimination. Individuals in the postnuptial
moult, showing a black and white spotted plumage, occurred with the
birds in immature and full winter dress in the proportion of about one
to one hundred. ‘The day after this great flight comparatively few
birds were seen, and these mainly on Erie Bay alone. Such were
almost always more or less closely associated with Common ‘Terns, and
like them were often found resting on pieces of floating driftwood. The
last was recorded September 24.

15. Phalacrocorax dilophus. [)0UBLE-CRESTED CORMORANT.

The notes on this species would indicate that it occurs sparingly, but
regularly, as a transient in late fall and early winter. Dr. Warren so
gives it on the authority of Messrs. George B. Sennett and James
Thompson, and mentions a specimen shot by the latter on October

Topp: Brrps oF ERIE AND PRESQUE ISLE. 509

26, 1889, from which ‘‘a fish, known locally as ‘ buffalo-sucker,’
measuring between eight and nine inches in length was _ taken.’’
(Birds of Pennsylvania, 1890, 28-29.) There is one specimen in
Mr. Sennett’s collection, dated November 15, 1889. Mr. Bacon
has never heard of it in the spring, but has occasionally seen one in
the fall, in every case on the wing, although, he adds, ‘‘ The fisher-
men inform me that the birds when present often alight on the pond-
net stakes. On December 14, 1901, a party of four birds of this
species flew over me as I was passing down the neck of the Peninsula,
one of which I secured. When skinned its throat was found to con-
tain two ten-inch perch, one of which was perfectly fresh. I have
seen single cormorants on the following dates also: October 7, 1897,
December 1, 1900, and November 8, 1901, while I secured from a
local gunner a bird which had been taken November 6, tgo02.’’ Both
specimens to whose capture reference is made are now in the Carnegie
Museum. Part of a skeleton, with the entire tail attached, was found
on the shore of Misery Bay in the spring of 1goo, evidently belonging
to a bird killed the previous fall. The only living bird of this species
noted by us was seen off the outside beach on October 9g.

[ Phalacrocorax dilophus floridanus. FLORIDA CORMORANT.

This form may in former years have extended as far north as Erie, and may even
have bred. Compare, in this connection, the statement of Dr. F. W. Langdon
( Journal Cincinnati Society of Natural History, I11., 1880, 229) that two speci-
mens, male and female, were taken by Mr. J. B. Porter, in June, 1878, near Port
Clinton, Sandusky Bay, Ohio. }

16. Pelecanus erythrorhynchos. Wuite PELICAN.

The claim of this species to a place in the present list rests on the
following statement, which is quoted from Dr. Warren (Svrds of
Pennsylvania, 1890, 29-30): ‘*Mr. George B. Sennett, of Erie,
informs me a few of these birds were seen, about fifteen or twenty
years ago [¢. e., between 1870 and 1875], in the neighborhood of
Erie city.’’ Numerous well attested records for this species from con-
tiguous areas would seem to justify the reception of the above state-
ment at its face value.

17. Merganser americanus. AMERICAN MERGANSER.

This merganser is not very common or well known to the local
gunners. It occurs asa transient visitant, and may possibly remain
through the winter. One was seen with a flock of Red-breasted Mer-
gansers in Yellow Bass Pond on April 7, this being our only spring

510 ANNALS OF THE CARNEGIE MUSEUM.

record for 1900. In the fall the first, a young male, was shot at Crystal
Point on November 8. A male in incomplete adult plumage was killed
over decoys in Horseshoe Pond the following day, and on November
12 two females were shot at Crystal Point. There were also examined
a few adults in the possession of a gunner who had shot them on Nov-
ember 17, which was the last date opportunity was afforded to record,
but in Mr. Bacon’s notes mention is made of a freshly killed bird seen
by him on December 8 of the same year. Again in 1903, on a brief
visit to the Peninsula, the writer saw a single bird in possession of a
gunner, said to have been killed on December 7. All the specimens
preserved by us were excessively fat.

18. Merganser serrator. RrD-BREASTED MERGANSER.

With the single exception of the Lesser Scaup Duck, the present spe-
cies, known to the local gunners as ‘‘ Fish Duck,’’ is the commonest
of the 4vatéd@ during the season of migration, both in spring and fall.
Although doubtless present previously, the first record in 1g00 was
made March 27, and it was common throughout April and for a few
days in May, while a flock of stragglers was observed as late even as
May 25. ‘Thus its period of migration at this place extended over
almost two months. Although single individuals and small’ parties
were often met with, it was usually found in larger flocks on the bay,
being detected but once in the ponds. In the fall it was first noted on
October 17, soon becoming numerous, and thus continued up to the
time of our departure. At this season it was one of the few ducks that
frequented the lake proper, and there were occasions when a number
of flocks were visible at one time from the outside beach. It was also
one of the species which was readily decoyed, and was thus the source
of much annoyance to gunners who were in quest of more edible kinds.
As a diver it is most expert, and the writer has repeatedly seen an en-
tire flock while engaged in feeding disappear beneath the surface simul-
taneously. It is said to remain in the fall until the bay freezes over.
Mr. Bacon’s notes on this merganser are interesting as tending to prove
that it occasionally remains through the summer to breed. He says:
<«T have seen large flocks here as late as May 19 (1900), and on May
30, 1901, I saw a dozen birds. I have several times seen young mer-
gansers on the bay in July and August, and on one occasion (July 27,
1893) I shot one. All of these birds Iam quite certain were of this
species, although since I have regretted not having made the identifi-
cation more positive. On September 6, 1900, I killed an old bird of

Topp: Brirps oF ERIE AND PRESQUE ISLE. 511

this species, although it is well into October before the mergansers are
expected. Taking all these facts into consideration, I think they breed
here occasionally.’’ See, in this connection, Dr. F. W. Langdon’s
note on this species (Journal Cincinnati Soctety of Natural History,
III., 1880, 229), in which he mentions that it has been identified in
summer at Sandusky Bay, Ohio, by Mr. J. B. Porter.

19. Lophodytes cucullatus. Hooprp MERGANSER.

This handsome species is fairly numerous as a transient in spring and
fall, preferring the ponds of the Peninsula to the waters of the bay,
and is often seen in small pools on the mainland during the spring
movement. While fairly common, it is never found in such numbers
as the preceding species. The dates of its first appearance in the
spring are given by Mr. Bacon as April 7, 1899, and March 25, rgot.
In rgoo it was first noted on April 2, when a male bird was picked up
dead on the north shore of Erie Bay. Later in the month it was repeat-
edly recorded, but none were seen after May 2 until May 21, when a
belated migrant was observed. In the fall the first record was for No-
vember 7, and the last for November 18, although without much doubt
it actually remained later. While small flocks and single individuals
often came to decoys in the bay, such were as often observed in the
ponds, feeding in company with Coots and Pied-billed Grebes, whence
the name ‘‘ Pond Fisher’’ given by the local gunners. Mr. Bacon
writes: ‘*I have often seen them feeding in shallow pools, where they
could scarcely find anything in the line of fish, so that I am inclined
to think that they may feed on vegetable matter at times. They are
claimed by many to be good eating. I have found them both good
and bad.’’

[‘‘dnas maxima. :
HYBRID.

’

(Gossz, Birds of Jamaica, 1847, 399.) MALLARD-MUSCOVY

A specimen of this interesting bird, without doubt a hybrid between the Mallard
and the Muscovy (Catrina moschata), a tropical American species, which is common
in domestication, was taken on the Peninsula near the Life-saving Station on Novem-
ber 25, 1902. The bird was seen flying up and down the bay, and finally alighted on
the shore near several men, who captured it by striking it with a club as it started to
rise. It seemed to be exhausted. According to Baird, Brewer, and Ridgway ( /Vater
Birds of North America, 1., 1884, 494), ‘‘ These hybrids are no doubt produced
in the barnyard ; but it is said that such birds do not inherit the tameness of their
progenitors, but revert to the original wildness of both species, and escape by flight.
Certain it is, that they are frequently shot by gunners along our coast.’’? The
specimen in question, a male, is now in the Carnegie Museum, and may be thus
described : Head and neck black, with strong purple iridescence, washed with brown

Lay} ANNALS OF THE CARNEGIE MUSEUM.

on the lores, chin, and throat. A broken circlet of white feathers at the base of the
neck. Back, scapulars, rump, upper tail coverts, and tail above glossy black, show-
ing rich dark green and violet reflections. Breast rich chestnut, this color also
extending in lessening intensity over the sides to the anterior portion of the back,
where it appears as a brown wash on the feathers. The chestnut of the breast gradu-
ally gives way posteriorly to the grizzled gray color-effect of the abdominal region,
which is due to a fine wavy combination of white and black, the latter predominating
laterally. Under tail-coverts like the back. Wing-coverts dusky olive-green, the
greater ones obsoletely white-tipped, and crossed terminally by a narrow band of
black and brown. Primaries dusky black. Speculum iridescent dark purplish green,
white-bordered behind. Length (from well made skin), 29 inches; wing, 13; tail,
6.25 ; bill, 2.40. ]

20. Anas boschas. Mattarp.

A transient visitant in spring and fall, in some seasons quite abun-
dant, at other times almost rare. As arule the Black Mallard is more
numerous than the present species, but in the fall of 1901 the Mallards
outnumbered the others species ten to one, an unprecedented flight
having taken place October 17 to 19. The earliest record for the
spring migration is February 23, 1891, and other first dates for this
season are March 11, 1897, March 8, 1898, and March 2, 1902
(Bacon). In the spring of tgoo it came under our notice first on March
28, when a number were seen resting on the edge of the ice on Erie
Bay. ‘This was the only occasion when it was found on the bay,
although occasionally it was seen flying over. During April it was
seen at frequent intervals in the several ponds of the Peninsula, either
alone or in the company of other ‘‘ pond ducks,’’ particularly the Black
Mallard. Early in the season it was usually found in flocks number-
ing from six to twelve individuals, but during the latter part of its stay
it was almost invariably in pairs, each pair by itself, and doubtless
mated for the season. May 4 was our latest spring record, and Mr.
Bacon notes a pair seen May 5, 1902. Beyond question the Mallard
bred at this locality in former years, as stated by Dr. Warren (Bzrds
of Pennsylvania, 1890, 35), on the authority of Mr. James Thompson.
However, in December, 1902, Mr. Thompson personally informed
the writer that it was then more than ten years, to the best of his
knowledge and belief, since this species had bred in the neighborhood
of Erie. Mr. Bacon has never seen it under such circumstances,
although he has noted a single old bird} as early as August 24 (1896).
It is generally about the middle of September, however, before it
reappears in the fall according to the same observer. In 1g00 Septem-
ber 21 was the recorded date of arrival, and it was noted at intervals

Topp: Birps or Ert& AND PRESQUE ISLE. 513

through the following month, but it was not until November that it
became really common, considerably exceeding its spring abundance,
Flocks of from ten to twenty birds were found on various occasions in
the ponds, and a number of specimens were secured. Curiously
enough, all of the individuals in the flocks that we siw seemed to be
adult males, and, indeed, the only females recorded in the fall were
those which had been killed by local gunners. It was interesting to
observe the manceuvers of a flock when seeking a place to alight. They
would sweep low over the waters of a pond, then rise and disappear
over a wooded ridge half a mile away, returning to repeat the move-
ment until satisfied that the coast was clear, when they would settle in
some shallow spot and begin to feed, remaining in one place for hours
at a time, if not disturbed. November 14 was the latest date on which
an opportunity was given to record the species, although no doubt it
remained much later. It was observed by Mr. Simpson from Novem-
ber 17 to 23, 1902, but it is very doubtful if it ever remains through
the winter.

21. Anas obscura. Brack Matiarp; Dusky Duck.
This is the most numerous of the ‘‘ pond ducks,’

?

at least in the
spring, and occurs as a regular migrant and casual winter resident.
Its arrival takes place early in March, and during its sojourn it fre-
quents the ponds on the mainland and Peninsula fully as much as the
waters of the bay. In the spring of rgoo the first individuals were
observed on the bay on March 31. They were repeatedly noted among
the floating ice on the main lake, but the ponds were their usual resting
places and feeding resorts. Throughout April they were quite common
in such situations, usually in flocks of from five to fifteen individuals, feed-
ing mainly on the seeds of wild rice, with which the gullets and stomachs
of the specimens secured were crammed. ‘Towards the end of April it
was usual to find these ducks in pairs, apparently mated for the season,
and, indeed, it is quite possible that they breed on the Peninsula,
although not observed by us later than May 5. On this point Mr.
Bacon says: ‘‘ Although ordinarily not remaining after the first of
May (May 2, 1gor), I have on different occasions seen a single Black
Mallard in the summer months (August 15, 1896; June 25, Ig00 ;
July 19, 1903), but I have never seen a flock of old and young at this
time, so I am inclined to think that the species has not bred here of
late years. During the fore part of September, (September 13, 1894,
September 14, 1895, September 4, 1897, September 5, 1902), it reap-

514 ANNALS OF THE CARNEGIE MUSEUM.

pears on the return migration, and lingers in small numbers well into
the winter, an occasional individual even remaining through the whole
season.’’ Our notes for the fall of 1900 were in accord with Mr.
3acon’s observations. ‘The first specimen was observed September 7,
but they did not become at all numerous until November set in, while
the last record was for November 17, although they unquestionably
remained considerably later.
[Anas obscura rubripes. RED-LEGGED BLACK DUCK.

The occurrence of this form, lately characterized by Mr. William Brewster ( Az,
XIX., 1902, 184), is to be expected in this locality, but the character of the available
material does not permit of a positive statement to that effect. Specimens must be

had the labels of which shall note the colors of the soft parts. Mr. Lynds Jones
thinks that this is the more common form of the Black Duck in Ohio ( B7rds of Ohio,

1903, 38).]
22. Chaulelasmus streperus. Gapwatt.

‘« Although this species is not common in the vicinity of Erie,
good-sized flocks are sometimes seen mostly in company with other
species about Erie bay, where the Gadwall appears to occur in greater
numbers than in other parts of the state.’’ This quotation from Dr.
Warren (Birds of Pennsylvania, 1890, 37), probably based on in-
formation received from Mr. George B. Sennett, however appropri-
ate it may have been at one time, is utterly misleading at present.
Nothing is more certain than that the Gadwall is by far the rarest of
the ducks at Erie. There is no specimen in Mr. Sennett’s collection ;
Mr. Bacon has never seen or heard’ of it; we did not meet with it
during our stay in rgoo, nor did we find any gunner who had recog-
nized it. The only positive record is by Mr. Simpson, who examined
a single specimen taken by a gunner November 18, 1902. It was
shot over decoys in one of the ponds, and was unfortunately so badly
mangled through the stupidity of the gunner that it was unfit for pre-
servation. The species must be listed as a transient visitant.

[ Mareca penelope. EUROPEAN WIDGEON.
So many records for this bird from neighboring areas have lately come to light that

it would seem not unreasonable to look for it at Erie as a casual visitant. The male
may readily be distinguished from that of J/. americana by its rufous-brown head. ]

23. Mareca americana. AMERICAN WIDGEON.

This duck occurs as a regular migrant in spring and fall, but is not
very common at either season. It is confined almost wholly to the
ponds, and is usually found in pairs or small flocks, sometimes asso-
ciated with kindred species, particularly the Black Mallard. Accord-

Topp: Birps or ERIE AND PRESQUE ISLE. 515

ing to Mr. Bacon’s experience it arrives from the south soon after the
latter species (March 19, 1898, March 25, 1901), although in 1900
our first record was not made until April 1, a pair shot on that day
by a gunner having come into our possession. ‘The last occurrence in
spring was noted on April 28. In the fall the first specimen was seen
on September 19, and two days later a flock of about ten birds was
found in Ridge Pond, one of which was secured. Curiously enough,
no others were observed from this time until November 6, while the
latest record for the season was for November 13, although no doubt
this date, like many others referring to waterfowl at this season, did
not correctly indicate the actual time of departure of the species.
Mr. Simpson recorded it in 1902 between November 17 and 23,
and Mr. Bacon says that ‘‘ December 5, 1go1, is by far the latest date
upon which I have observed this species,’’ and adds that September 26,
1899, is an average date for its arrival in the fall. A specimen in Mr.
Sennett’s collection was taken April 21, 1875. This duck is called
** Specklehead ’’ by the gunners about Erie.

24. Nettion carolinensis. GREEN-WINGED TEAL.

A regular and rather common transient, although seldom as well
represented as the Blue-winged Teal. Mr. Bacon has observed them
about as early in the fall as the other species, as for instance on Sep-
tember 1, 1894, September 15, 1899, and September 19, 1896 and
Igol, but in his experience they are always to be found a week or two
after the Blue-wings have disappeared. Thus, on November 8, 1901,
he killed a pair, and on November g, 1902, he secured one from a
local gunner. Mr. Simpson has received specimens taken as late as
November 23, 1903, while November 4 was our last recorded date in
1900. Dr. Warren observes (Birds of Pennsylvania, 1890, 38) that
these birds are quite common in this locality late in August as well
as in September, and that many of them are shot for the market. What
may have been one of this species was seen by Mr. D. A. Atkinson
August 24, 1900, but it was not certainly detected again by any mem-
ber of our party until September 19, and only a few were noted dur-
ing the entire fall migration. But one individual was recorded in the
spring; this was a fine male which was secured from a gunner on
April 7, having been killed that morning over decoys at Crystal
Point. That this record could scarcely be counted as a date of arrival
is evident from the following extract from Mr. Bacon’s notes: ‘‘On
March 12, 1898, I killed one from a small flock. ‘The latter date I

516 ANNALS OF THE CARNEGIE MUSEUM.

consider rather early, the first having been noted in other years as
follows: “March +28,. 1895; March 23, 19015. March, 15519002.
While, according to Dr. Warren, birds of this species are occasion-
ally captured here during the early summer months, there is no evi-
dence to show that the species has nested here in late years. It is
partial to the ponds on the Peninsula, but is often taken on the bay as

well, and at marshy pools on the mainland.

25. Querquedula discors. BLUE-wINGED TEAL.

Fairly common as a spring and fall migrant, and rather more numer-
ous than the preceding species. Three were seen April 12, 1900, on
Yellow Bass Pond. Two of these were secured. A flock of six, one
of which was taken, was met with in the same place on April 25, and
the last specimen was seen on April 28. The earliest date of appear-
ance given by Mr. Bacon is March 27, 1898. He has seen single
birds well into the breeding season (May 5, 1892, May 30, 1901),
but never has seen one in midsummer. Late in August, or early in
September (August 28, rg01, September 6, 1893 and 1902, Septem-
ber 7, 1900, September 8, 1875 and 1894), these birds again appear
about the ponds of the Peninsula. Sometimes they come in flocks of
twenty to thirty birds, and upon their arrival are very unsuspicious,
while in other seasons they are few and far between and correspond-
ingly wary. In Mr. Sennett’s collection there are specimens secured
September 25, 1875, while our latest fall date in rg00 was September
26. Doubtless, however, it often remains later. Mr. Simpson reports
specimens shot at Crystal Point in April of 1902 and 1903, but ordi-
narily it is seldom found away from the ponds.

26. Spatula clypeata. SHOVELLER Duck.

This is one of the rarer ducks in this locality, where it is of irregular
appearance in spring and fall. A pair, shot on the bay, April 21, 1875,
are in Mr. Sennett’s collection. On April 20 and 21, 1900, there was
a small flight of these ducks, they having been found on several occa-
sions, and one male secured (at the head of Big Pond). March 30,
1902, Mr. Bacon secured a single specimen from a gunner, and re-
corded the species again on April 2. These are all the available
spring records, and the notes for the fall migration are similarly
meagre. Mr. Bacon killed two in the fall of 1893 (September 6 and
21), and saw several others, even as lateas November 18. Since then
he has heard of an occasional specimen being shot, although he has

Topp: Brrps oF ERIE AND PRESQUE ISLE. 517

not personally met with the species at this season, while the gunners
all consider it rare. In the fall of 1900 it came under our notice but
once, when three specimens killed by a gunner on Horseshoe Pond,
September 25, were examined. Mr. Simpson reports having taken a
single adult female, November 13, 1903.

27. Dafila acuta. PinraiL Duck.

This species is locally known as ‘‘ Gray Duck,’’ and is common as
a transient visitant during the migrations. ‘They arrive with the Black
Mallards in the spring, Mr. Bacon’s earliest records at that season
being February 23, 1891, while for other years his dates are as fol-
lows: 1897, March 11; 1898, March 10; 1901, March 25; 1902,
March 11. _ In the fall they come early in September, (September 6,
1893, September 11, 1894, September 7, 1895, September 15, 1899),
and are usually gone by the end of the following month, although on
two occasions, November 13, 1902, and December 3, 1903, much
later records were made. In 1900 a few were seen on Big Pond on
April 20, this being our only spring record. September 19 was the
date of their first appearance in the autumnal movement, and they
were recorded at intervals from that time until as late as November 16.
Single individuals or small parties were the rule, always in the ponds.
In all the adult male specimens examined in the fall the middle tail-
feathers were in a worn condition and no longer than the others. An
interesting specimen, illustrating the moult of the male from summer
into winter plumage, was secured on October 17. Mr. Simpson con-
tributes the following notes on this species: ‘* Several males were
seen April 26, 1902, in a large flock of ducks that frequented Misery
Bay on that occasion. On November 10, 1903, a female was ob-
served.”’

28. Aix sponsa. Woop Duck.

This species is tolerably common as a transient visitant in spring
and fall, and every yeara few pairs spend the summer on the Peninsula,
where they rear their young, their shy and secretive habits during the
nesting season enabling them to pass comparatively unnoticed until the
young are fairly well grown. Broods of young birds have repeatedly
been seen in August, and numerous specimens secured. On August
10, 1goI, a flock of ten young birds was noted by Mr. Bacon. ‘Two
young taken August 12, 1903, in which the postjuvenal moult had just
commenced, are in the Carnegie Museum. It is early in April before

518 ANNALS OF THE CARNEGIE MUSEUM.

this duck arrives from the south, but it is counted a rare bird in the
spring. The local birds seem to leave early in September, but indi-
viduals, perhaps migrants from more northern localities, have been
seen as late as October 19 (1901). In r1goo the only occasion upon
which it came to our notice was on November 10, when we secured a
female which a gunner had killed in one of the ponds. Upon skin-
ning it proved to have wounds in both wings near the tip, which had
healed, leaving a swelling. This may perhaps account for the late date
of its occurrence.

29. Aythya americana. RepHEAD DUCK.

A regular migrant, most numerous in the fall, but never abundant.
In the spring of 1900 we found them with the flocks of Scaups and
Golden-eyes on Erie Bay, and like these they were wild and difficult of
approach. The first were noted March 2g, and the last April 7,
although doubtless these limiting dates included but a fraction of the
period during which the species stays (a specimen in Mr. Sennett’s
collection dated April 21, 1875, would at least indicate as much).
They reappeared in the fall on October 13, and were seen at frequent
intervals up to November 17, and probably remained still later. On
December 9, 1902, the writer saw some Redheads that had been killed
on the bay within a few days. Mr. Bacon contributes the following
observations: ‘‘Soon after the first of October (October 6, 1894 ;
October 3, Ig01), and with the first flight of ‘deep water’ ducks
come the Redheads. They are wary and are seldom killed in any num-
bers. Several fall seasons I have known a flock of at least one hundred
of these birds to feed week after week in the western end of the bay,
and only an occasional one was killed. They remain well into No-
mveber, while one was once taken as late as December 15 (1900), and
I have seen a record of a specimen shot January 2, 1903. This spe-
cies prefers the waters of the lake or bay, but, like the Scaups, occa-
sionally a bird drops into the ponds.’’

30. Aythya vallisneria. Canvas-Back Duck.

The Canvas-back is one of the rarer ducks, and was detected by us
only during the fall migration of 1900, when it was the last of the
ducks to put in an appearance. Mr. Worthington killed a single bird,
a female in moulting plumage, over decoys at Crystal Point on No-
vember 13. Two others, also females, which we examined were killed
by gunners on November 16, one in Horseshoe Pond (said to have been

Se

Topp: Brrps oF ERIE AND PRESQUE ISLE. 519

one of a flock of four), the other on Erie Bay. Mr. Bacon records
the species as an irregular migrant and winter resident, and adds: ‘I
have never seen this bird alive, but nearly all the older generation of
sportsmen have killed one or two specimens. On December 21, 1900,
a flock of seven appeared at the eastern end of the bay, three of which
were shot by Mr. Frank Claus, from whom I secured them. On
January 8, 1901, another specimen was killed by Mr. Claus, which
likewise came into my possession. Other examples have since been
brought me, taken on March 13 and 26, 1902, January 1 and 2, and
December 5, 1903. On October 23, 1903, I examined five specimens
that were killed on the bay — my earliest fall date.’’ Most of the
above dates are represented by specimens in the Carnegie Museum.
There appear to be no other records for the occurrence of this duck
so far north in winter. Its favorite food, the wild celery ( Vad/rsneria
spiralis) grows in the bay at certain places, so that it would naturally
be expected to occur regularly did other circumstances permit.

31. Fuligula marila. GReaTER Scaup DUCK.

This duck was not distinguished from the next species by the gun-
ners, both being known as ‘“ Blue-bills.’” Moreover, owing to the
difficulty of discriminating the two forms in life, little can be said
definitely of the present species, more than that in the spring of 1900
it certainly constituted a portion of the flocks of Scaups during the
earlier part of the season. Specimens were secured on March 29 and
April 13, that taken on the latter date being a male in full plumage.
Beyond stating that it was evidently much less common than the Lesser
Scaup, it is impossible to indicate the relative abundance of the two
species. In the fall none were noted until November 8, and speci-
mens were examined which were killed on November 14 and 15. Mr.
Simpson reports the species on November 20, 1902, and April 14,
1903, having taken two specimens on each date. Mr. Bacon’s notes,
however, are of special interest in that they are supplementary to those
just presented, tending to show that the seasonal status of this duck is
about the same as that of the Canvas-back. ‘‘ Although I feel sure that
the present species is never found here in any great numbers, it prob-
ably occurs regularly during the migrations and through the winter.

I have occasionally seen one in the markets, and have secured
specimens from local gunners taken on the following dates: December
10, 13, and 27, 1902, and January 5, 1903,’” all of which are at
present in the Carnegie Museuin.

520 ANNALS OF THE CARNEGIE MUSEUM.

32. Fuligula affinis. Lesser Scaup Duck.

The Lesser Scaup is by far the commonest duck at Erie Bay, as
well as the one the migration of which in the spring covers, perhaps,
the longest period. No doubt a few always winter here ; at any rate
they appear just as soon as the ice breaks up. At the time of our
arrival in the spring of 1g00 (March 23) they were already numerous,
and with the breaking up and final disappearance of the ice the flocks
were augmented by fresh accessions from the south. ‘They were rarely
observed on the main lake, and only occasionally on the ponds, the bay
being their chosen haunt. Here they were found in flocks numbering
sometimes hundreds of individuals, often associated with other species
of sea-ducks, but always outnumbering them. ‘These flocks were wild
and could not be approached in a boat within one hundred yards, but
refused to leave the bay, rising merely to settle in another part until
again disturbed. However, many were killed over decoys set out at
various points, even in the open bay during foggy weather, when a
boat could be anchored at the proper distance. <A favorite feeding-
ground, to which the birds persisted in returning despite constant
persecution, lay between one hundred and three hundred yards. off the
mouth of Mill Creek, where the water was only a few feet deep. No
diminution in the abundance of the species was evident until late in
April, and many were observed through May, usually at or near the
spot just mentioned. Some specimens were shot to determine whether
these late staying individuals were ‘‘ pensioners ’’ or birds in normal
condition, but not enough were secured to warrant a final conclusion.
Thus a specimen taken May 7 was apparently a healthy, well-developed
bird, while one shot May 24 had been wounded earlier in the season.
Another secured May to had its breast plumage ragged and cut, and a
strongly smelling carcass ; it was doubtless a sick bird. ‘The presence
of this duck thus late in the season is a regular occurrence every year,
as is evident from the statements of local gunners and from Mr. Bacon’s
notes. He says: ‘*I am certain that this species does not breed here,
but it occurs in numbers all through the spring and well into the sum-
mer months. Early in June of every year there is always a fair-sized
flock feeding on the bay. ‘Thus on June 21, 1901, I saw about fifty
birds, both males and females, in one flock, and on July 9, 1892, I
saw a party of eight; this latter date is, however, my latest summer
record.’’ In further support of this statement may be° recorded a
party of five seen by the writer on June 17, 1897, off the mouth of

Topp: Brirps or ERIE AND PRESQUE ISLE. 21

Mill Creek. The most reasonable explanation of these facts would
seem to be that such late staying birds are those which for some reason
have not the ability or inclination to breed, some of them at least being
** pensioners,’’ but just why these should be the only ducks known to
regularly spend the summer here without breeding it is difficult to say,
unless it be that their abundance brings them into more prominence,
In the fall of 1900 the first migrants were noted on October 14, and
by the end of that month they had become quite common, although
the great flights did not take place until the cold stormy weather in
November came. They were still the most common ducks at the close
of our stay, and doubtless remain as long as there is open water, or
well into December. Mr. Bacon contributes the following interesting
account of the migration of this species: ‘* On one occasion I saw, as I
believed, all the Lesser Scaups in this neighborhood start for the south.
The bay had frozen over a few nights before, and on this particular
afternoon a large flock of these ducks kept circling over the lake, some-
times high in the air, again dropping swiftly to the surface and skim-
ming along for a mile or so. Finally, having evidently gathered into
one flock all the birds of the vicinity, they rose to a great height, and,
starting southward, were soon lost to view.’’ <A peculiar habit of some
of the ducks under certain circumstances is illustrated by the following
note, also from Mr. Bacon: ‘‘I once wounded a duck of this species
in shallow water, and, wading out to where I saw it last, I found it
holding to a strong weed by its bill, two or three feet below the surface,
stone-dead.”’

33. Fuligula collaris. RiING-NeCKED Duck.

This duck is a transient visitant in spring and fall, probably of reg-
ular occurrence, but not common. By the gunners it is not distin-
guished from the Lesser Scaup, with which it is sometimes found
associated, while its seasonal status, save that there are no late spring
or summer records, would appear to be about the same. ‘The notes on
this species are scanty. ‘The earliest spring record is for March 15,
1903, on which date Mr. Bacon secured a pair shot by a gunner. On
April 12, 1900, he shot a male from a flock of five, which were found
feeding in a small pool in the fields on the mainland. Mr. Simpson
reports a female shot April 14, 1902, and in Mr. Sennett’s collection
there is a female taken April 21, 1875. ‘These are all the available
spring records, and those for the fall are also few in number. A pair
in Mr. Sennett’s collection, taken October 10, 1889, constitute the

522 ANNALS OF THE CARNEGIE MUSEUM.

earliest fall record, while Mr. Simpson writes that he secured a female
at Crystal Point November 12, 1903, and received a fine male shot by
a gunner on December 3 of the same year.

34. Clangula clangula americana. AMERICAN GOLDEN-EYE.

The Golden-eye, called by the gunners ‘‘ Whistler,”’
common occurrence as a spring and fall transient, and is found also

is of regular and

through the winter, although in much reduced numbers. Whenever
the bay opens up a little a few Golden-eyes find the open holes, so that
it would seem that they are always present on the lake in winter.
Late fall (November) and early spring (March), however, find them
most abundant. When it is not too rough, they prefer the open lake
for a feeding-ground, but they are commonly found on the bay also,
and occasionally even in the ponds. Asa rule they go in flocks by
themselves, but sometimes occur in the company of other ducks, the
Lesser Scaup in particular. Numerous flocks were noted by us on March
28, 1900, although it seems probable that many transient birds really
arrived somewhat earlier, inasmuch as the latest record was for April
13, which would indicate that the migration extended over a period of
only about two weeks, which seems too short by comparison. , Accord-
ing to Mr. Simpson’s experience, however, April 26 and 16 were the
latest dates for the spring in 1g02 and 1903. October 29, 1889, is the
earliest fall record available, being the date of a specimen in Mr. Sen-
nett’s collection. In the fall of 1900 the first birds were seen Novem-
ber 6. All the male specimens examined in the fall were in the
immature plumage save one, taken November 16. Later in the
season adult birds seem to be somewhat more numerous.

[ Clangula islandica. BARROW’S GOLDEN-EYE,

This species may be expected to occur here asa casual winter visitant. The nearest
locality at which it has been taken appears to be Lorain County, Ohio, (McCormick,
Auk, IX., 1892, 397; Jones, Azrds of Ohio, 1903, 44). Certain intelligent
sportsmen, indeed, have informed the writer of its undoubted occurrence at Erie, but
in the absence of actual specimens the records are not admitted. The adult males of
this species may be distinguished from those of Clangula clangula americana by the
gloss of the head, which is purple and violet, rather than green, and by the fan-shaped

instead of rounded white spot at the base of the bill. ]
35. Charitonetta albeola. BurrLe-HEAD DUCK.

Common as a spring and fall transient. In the spring of 1goo they
were found usually in small parties by themselves, although during the
earlier part of their sojourn they were often met with in larger numbers
associated with the flocks of Scaup Ducks. Sometimes, too, they were

Topp: Brrps oF ERIE AND PRESQUE ISLE. 523

noted in the ponds with other ducks, but the bay seemed to be their
favorite resort, and many were killed here over decoys, as well as shot
from a boat, they appearing less wild than most ducks. ‘The first was
recorded March 23, and they may have come even earlier, (Mr. Bacon’s
earliest record is March 11, 1899). Early in April the period of
greatest abundance was reached, and the last was noted on April 20.

In the autumnal movement they were not observed until November 5,
when cold weather had set in, but were common during the remainder
of our stay, being recorded almost daily up to Novembr 16, although
here, as probably also in the case of numerous other waterfowl, the
last date of record by no means approximated the real date of depart-
ure, since Mr. Bacon’s latest date for this particular season was De-
cember 15, a month later, while a specimen in Mr. Sennett’s col-
lection is labeled December 19, 1874. Another of Mr. Sennett’s
specimens was taken October 31, 1875, which is the earliest fall
record available. Mr. Simpson recorded this duck during his visit
from April 24 to 27, 1902, this constituting the latest spring record.

36. Harelda hyemalis. LoncG-raitep Duck.

This is another duck of common occurrence in spring and fall, being
found usually in small parties, or in flocks of moderate size. They
were noted first on March 28 in the spring of 1900, becoming com-
mon during the first half of April, while single individuals were secured
as late even as May 5 and 18. Upon their return in the fall the
earliest record was made October 18, and by October 25 they had
reached the height of their abundance. Although all which were thus
recorded were seen on the bay, it is evident that this species must be
far more numerous on the waters of the open lake, miles off the shore.
Here the birds, in diving for their food, get entangled in the immense
gill-nets set by the fishermen, and perish by drowning. In lifting
the nets their bodies are removed, and as a rule thrown overboard,
being little esteemed as food, when they eventually drift to shore, to be
devoured by Crows and Bald Eagles. Many thousands are thus de-
stroyed annually, but, singularly enough, no other species of duck
seems to suffer similarly, unless it be the various species of Scoters,
but the proportion of these thus taken is inconsiderable. Such whole-
sale destruction as this involves has necessarily operated to reduce
their numbers materially. Eight or ten years ago these birds were a
pest to the fishermen of Lake Erie, particularly in the fall. Mr.

524 ANNALS OF THE CARNEGIE MUSEUM.

Bacon’s published notes on this subject ( Ornithologist and Odlogist,
XVII., 1892, 45) are so interesting that they are here reproduced
entire :

‘This bird is in my opinion the most abundant duck in this locality,
during migrations generally appearing in immense flocks after a blow.
Last November [1891] these birds were caught in the herring nets on
Lake Erie by the thousand. At Dunkirk, N. Y., between five and
seven thousand were taken at one haul. At this port (Erie) the larg-
est haul, to my knowledge, was eight hundred. A very few American
Black Scoters were also taken, but no other species. Lake Erie is, to
be sure, a shallow lake, but the fishermen informed us that most of
the ducks were caught when the nets were set [in] 15 fathoms (go feet)
of water, a few being caught in 18 or 20 fathoms. One captain told
me that he caught three ducks of this species in 27 fathoms, and I do
not doubt his word. One of our daily papers printed a long article on
this subject, claiming that the fishermen set their nets on purpose to
catch ducks, but I had ample proof that such was not the case, for the
ducks were invariably so badly entangled in the nets, as to cause con-
siderable trouble in getting them out; besides, after the first large
haul the markets were glutted in all directions, and many were thrown
away.

‘¢'This bird is well known to be an expert diver, yet the fact that
they can descend to such depths as I have noted seems remarkable to
me. ‘Their flesh is very poor, still it seems a pity that they should be
slaughtered in this way, and while I do not think they are lable to be
exterminated, last fall’s catch must have made quite a diminution in
their ranks.’

Feeding as they do mainly on the lake, and flying into the bay at
dusk to spend the night, they are seldom killed by gunners in any
numbers, and, indeed, they are not worth the ammunition, as they are
too fishy for table use. The species is called ‘‘ Pintail’’ or ‘* Coween ”’
by the local gunners, and exhibits a great variety of plumages in the
transition from the winter to the summer dress, and wce versa.
Many individuals attain a practically complete breeding plumage before
their departure in the spring, which does not finally take place until
about the first of June, a few lingering until that date almost every
season. The single specimen in Mr. Sennett’s collection was taken
at the remarkably early fall date of September 13, 1876. On the
other hand, they may winter here, occasionally at least. Thus, there

Topp: Brrps oF ERIE AND PRESQUE ISLE. 525

are specimens in the Carnegie Museum shot by gunners on Erie Bay
on January 20 and 29, rgo1, and February 16, 1904, respectively.
Mr. Bacon writes, that, while shooting snipe in the fields April 31,
tgot, he killed one of these ducks, that came flying overhead ; with
this exception, he has never seen one away from the lake or bay.
[ Mistrionicus histrionicus. HARLEQUIN DUCK.

There appears to be no valid Ohio record for this northern species, but it may

occur along Lake Erie as a casual or accidental winter visitant.

Somateria dressert. AMERICAN EIDER.

This is an essentially marine species, which occurs ‘‘ south in winter . . . to the
Great Lakes’? (4d. O. U. Check-List of North American Birds, 1895, 57), and may
be expected as a straggler at Erie at that season. ]

37. Somateria spectabilis. Kinc Erper.

The King Eider is a casual winter visitant on Lake Erie, there be-
ing records from Sandusky, Cleveland, and Buffalo. (See Wheaton,
Birds of Ohio, 1882, 536, and Allen, Audletin Nuttall Ornitho-
logical Club, V., 1880, 62). The first record of its occurrence in the
region of which this paper treats was published by Mr. George B.
Sennett, whose notes (4wk, VII., 1890, 88) are herewith quoted en-
tire: ‘‘The great storm of Nov. 28 and 29, 1889, on the Great
Lakes, brought into the Bay of Erie a flock of fifteen to twenty King
Eider Ducks. They were seen about noon of Nov. 30 swimming
in close to the Iron Ore Dock where numbers of men were at work
unloading vessels. ‘The hunters were soon down on the dock with
guns and others put out in boats. So fearless or stupid were the Ducks
that it was no trouble to shoot them, and at one discharge three were
killed. Mr. James Thompson very kindly took two of the birds home
with him and telephoned me that some very queer-looking Ducks had
been shot that day, placing at my disposal the pair he had secured.
The next day, December 1st, we went to the dock and to all the
hunters we could get track of and captured all the specimens that had
not already gotten into the pot. Out of fourteen that we could trace
as having been killed, we were fortunate enough to obtain seven in
good condition. The oldest hunters here do not remember to have
seen any of the kind before. They call them Boobies, the same name
they give to the Surf Ducks that are frequently taken here. No other
Ducks were seen in the bay when the Eiders appeared. They are in
all varieties of immature plumage, none appearing in anything like the
breeding condition. The nearest approach to it was one male that

526 ANNALS OF THE CARNEGIE MUSEUM.

showed pearl-gray mixed with dark on top of head ; he also had a dis-
tinct black V-shaped mark on the white throat. The other males had
browner heads and fainter black V-shaped throat markings. Of the
seven, six are males, and one a female in good typical plumage. I
believe that none of this species has been recorded as taken on Lake
Erie since 1879, when eighteen were shot at Buffalo, N. Y. (See
note ‘by J. A: Allen’in BadZ, Wut. Ormth. Club, Vol. V54p. 762.9) 4
Substantially the same account is given by Dr. Warren (Szrds of
Pennsylvania, 1890, 46), who adds that ‘* Two hunters, who un-
fortunately before they knew we were anxious to preserve the ducks
for our collections, had cooked three or four which they had captured,
said the dark-colored flesh was tough, stringv, and so rank and unsavory
that they could not eat it.’’ There are four of the above birds pre-
served in Mr. Sennett’s collection, including the one female; the
others evidently went into Dr. Warren’s possession. ‘To the above
records of the occurrence of this species at Erie the writer is able to
add two more, both on the authority of Mr. Bacon. On November
13, 1894, five of these birds were shot on the bay, one of which he
secured, and which is now deposited in the United States National
Museum (Biological Survey Collection). Again, on December 20,
Ig00, another specimen—one of two seen—vwas shot on the lake
east of the city limits, and this also came into Mr. Bacon’s hands, and
thence to the Carnegie Museum, where it is now mounted in the Penn-
sylvania collection. Both specimens were immature males.

38. Oidemia americana. AMERICAN SCOTER.

This duck has been observed only as a transient late in the fall,
although it probably remains through the winter. It seems to be the
]east numerous of the genus here, having been certainly detected on
but three occasions. One was shot at Crystal Point, November 13,
Igoo, and another near the Life-saving Station, November 17, by
gunners, the first specimen coming into our hands. Mr. Simpson re-
ports one taken at Crystal Point, November 10, 1903, and adds that
several ducks seen by him off the outside shore about this time were
either this or the Surf Scoter.

39. Oidemia deglandi. WHITE-wWINGED SCOTER.
Fairly common as a transient visitant in the fall, and of not infre-

quent occurrence as a winter resident, but seemingly rare in the spring.
In the fall of 1900 it was numerous in the waters of the lake off the

Topp: Birps or ERIE AND PRESQUE ISLE. 527

outside shore, often closely associated with O. perspicid/ata, with which
it was found in mixed flocks. Such were first noted on October 9,
and at frequent intervals thereafter until October 27. Occasionally
single birds appeared on the bay, where they continued to be seen
until November 19, when the work of the season was concluded.
Mr. Simpson notes that specimens were shot at Crystal Point, Novem-
ber 22, 1902, and November 13, 1903, and others were seen. Mr.
Bacon reports specimens taken November 6, 1894, January 30, Igo1
(a pair), and November 27, 1903. ‘The only spring record available
refers to a single individual seen March 27, 1900, in a flock of Lesser
Scaup Ducks on the bay. ‘The only full-plumaged bird seen by the
writer from this locality is a specimen in Mr. James Thompson’s
possession, said by him to have been taken late in the fall, about 1892.

40. Oidemia perspicillata. SurF SCOTER.

The general notes on the last species are applicable to this as well,
save that there is no spring record in the present case. Flocks were
noted on the outer lake from October 9 to November 5, 1900, and
a single bird was seen as late as November 13. A specimen shot on
Horseshoe Pond November 7 was the only one identified by Mr.
Simpson during his visit in the fall of 1903. In Mr. Sennett’s collec-
tion there is a female taken at the head of the bay October 17, 1875,
while Dr. Warren (Birds of Pennsylvania, 1890, 48) says that in
January, 1890, he purchased a bird of this species from a hunter who
had shot it on the bay, where a flock of about twenty was said to
have been seen. All three species of Scoters are known locally as
‘« Boobies,’’ and are little esteemed for the table.

41. Erismatura jamaicensis. Ruppy Duck.

Occurs as a transient visitant only, far more numerous in the fall
than in the spring, although as a species much less common than
formerly. We did not notice it at all in the spring of 1900, but Mr.
Bacon has occasionally observed it at that season, and Mr. Simpson
saw two adult males shot by gunners April 13, 1903. A specimen in
Mr. Sennett’s collection is marked April 18, 1875. Dr. Warren re-
marks (Birds of Pennsylvania, 1890, 49) that stragglers are occa-
sionally observed at Erie Bay in summer, but that the species is not
known to breed there, while Mr. Bacon records a single female (now
in the Carnegie Museum) taken June 8, 1892, and a pair observed
May 29, 1904, adding that these are the only ones he has seen

528 ANNALS OF THE CARNEGIE MUSEUM.

under such circumstances. However, the breeding range of this
duck is coextensive with its geographic distribution, and it is not
impossible that it should have nested here in former years. In the
fall movement it has been met with, according to Mr. Bacon, as
early as September 27 (1893), while October 2, 1875, is the date
of a specimen in Mr. Sennett’s collection. October is evidently the
month when it is most common. In the fall migration of 1900 it was
most frequently observed on Misery Bay, where the first was seen
October 1, a single bird in company with a Coot, both of which were
secured. By October 12 it had become quite numerous, and was
recorded at intervals until November 13. It was found sometimes
singly, but more often in twos and threes or even larger parties. By
the gunners it was called ‘‘ Hardhead.’’ Most of the specimens ex-
amined were in immature dress. Dates of last appearance in other
years are November 6, 1894 (Bacon), and November 12, 1903 (Simp-
son ).

[ Chen hyperborea nivafis. GREATER SNOW GOOSE.

‘«Not rare on Lake Erie,’’? according to Dr. J. M. Wheaton (zrds of Ohio,
1882, 518), and be looked for as a casual spring and fall transient. The Lesser Snow
Goose (Chen hyperborea) may also occur, but the larger form is the one more likely
to be found. Mr. Lynds Jones gives both forms as occurring in a number of counties
in Ohio (Birds of Ohio, 1903, 48).

Chen cerulescens. BLUE GOOSE.

Another goose whose occurrence here as a casual visitant may be expected in spring
and fall. ‘A specimen which I saw in Cincinnati was said to have been taken on
Sandusky Bay.’? (Wheaton, Birds of Ohio, 1882, 520). ‘* Two were captured
on the Oberlin water-works reservoir, October 28, 1896.’’ (Jones, Birds of Ohio,
1903, 49- )

Anser albifrons gambeli. AMERICAN WHITE-FRONTED GOOSE.

There are a few records from Ohio given by Dr. J. M. Wheaton (Azrds of
Ohio, 1882, 518), who says that it is ‘more common on the lake and reservoirs
than elsewhere,’’ so that it is not unreasonable to look for its casual occurrence
during migration at Erie also. ]

42. Branta canadensis. Canapa GOOSE.

The Wild Goose is a regular and fairly common migrant at both
seasons, concerning which Mr. Bacon writes as follows: ‘‘ Every fall
two or three Geese are killed about the bay and Peninsula, but in the
spring they keep to the fields (and are six months older too!), and
are seldom brought to bag. I have never seen them during the winter,
nor earlier in the spring than March 2 (1902). Other dates of ap-
parent arrival are March 28, 1895, March 13, 1897, and March 12,

Topp: Brirps or ERIE AND PRESQUE ISLE. 529

1898. On April 30, 1889, I saw a flock of a dozen Geese, and on
May 1, 1902, a single pair; I consider both of these very late records.
A flock of about fifty was noted October 20, 1899, which is perhaps a
fair average date for the arrival of the species in the fall.’’ During
the season of rgoo it was observed as a not uncommon transient, but
was not seen to alight, the flocks passing over well out of gunshot.
The first spring record was for March 29, when a flock of a dozen
birds was noted, and another flock of the same size was seen April 7.
On the return of the species in the fall October 26 and 27 were
days of great movement, large flocks passing southward at this time.
A single individual was seen flying south November 13. Mr. Simp-
son states that several flocks were seen passing over November 22,
1902, while during the big blow of April 26, 1902, five individuals
were observed.

[ Branta canadensis hutchinsii. HUTCHINS’ GOOSE.

This form resembles the Canada Goose in color, but is smaller. Dr. J. M. Whea-
ton records it from Sandusky Bay on the authority of Mr. R. K. Winslow (4izrds of
Ohio, 1882, 522), and it may occur occasionally with the larger form at Erie also,
although specimens would be required to settle the matter beyond dispute.

Branta bernicla glaucogastra. BRANT.

Essentially a marine species, rare in the interior. The Ohio records cited by Dr.
J. M. Wheaton (Birds of Ohio, 1882, 520) are admitted by him to be rather
unsatisfactory. However, it is apt to occur along Lake Erie as a rare or accidental
visitor. ]

43. Olor columbianus. WHISTLING Swan.

A rather rare and irregular spring and fall visitant. Mr. Bacon saw
one individual on the bay March 11, 1897. ‘Two were killed in 1901,
one in the spring (April?), and another (an immature bird) in No-
vember, which latter bird is now in the Carnegie Museum. A flock
of about twenty was reported by Mr. Faulkner G. Lynch to have been
seen on November 16 of the same year. Mr. Simpson writes that or
November 19, 1902, he saw a party of four flying down the bay early
in the morning. ‘The latest record is of an adult in full plumage shot
by a gunner on March 30, 1904.

[ Olor buccinator. TRUMPETER SWAN.

This swan may be of casual occurrence here as elsewhere in the Eastern United
States. There are some Ohio records (Wheaton, Birds of Ohio, 1882, 516;
Jones, Birds of Ohio, 1903, 51). It could not readily be distinguished from the

other species in life, and any records of its occurrence must rest upon specimens. ]

530 ANNALS OF THE CARNEGIE MUSEUM.

44. Botaurus lentiginosus. AMERICAN BITTERN.

A summer resident on the Peninsula, fairly common for a species of
such solitary habits, finding congenial haunts in the rank growth of
rushes and other aquatic plants fringing the various ponds, but not
averse to bushy places. Although no nests are actually known to have
been found, it doubtless breeds in such situations, where it has been
observed in every month from April to October inclusive. The ear-
liest dates of arrival are those borne by two specimens in Mr. Sen-
nett’s collection, marked respectively April 4, 1888, and April ro,
1875. Mr. Bacon has not noted it earlier than April 13 (1895) or
15 (1892). In the spring of rgoo its first recorded appearance was
on April 17, but it could scarcely be said to have reached its normal
summer abundance until May. ‘The latest fall records are October 26,
1875 (sennett)';; October 23, 18093, and 17, 1892 (Bacon).7 We
did not see it in 1900 after October 6. It is rare anywhere away from
the Peninsula save during migrations, but Mr. Bacon saw one in a
grassy marsh on the mainland June 27, 1891.

45. Ardetta exilis. Least Brrrern.

This diminutive species occurs as a summer resident, more common
than its larger relative, but unlike it never observed away from the
tracts of rushes and marsh grass save when disturbed, when it will
occasionally alight in the shrubbery. Yellow Bass and Niagara Ponds,
accordingly, are the ponds where it is most numerous, affording as
they do the most extensive areas of this kind. A number of individ-
uals, two of which were secured, were noted here on June 26 and 27,
1899, when they were doubtless breeding. ‘There is no record of this
bird away from the Peninsula or bay shore, nor has its nest been found
up to date, although search at the proper season would undoubtedly
discover it. Itis a much later comer than the American Bittern, the
first to arrive in 1goo being recorded May 21, and becoming common
soon thereafter. In other years the observed dates of arrival have been
May 24, 1875 (Sennett); May 19, 1892, May 25, 1893 and 1go1
(Bacon). The only instance of its occurrence in the fall which was
observed related to specimens secured on August 27 and September 3
respectively, which would indicate its early departure at this season.
September 7, 1892, is Mr. Bacon’s latest date, but in 1902 Mr.
Simpson reported that a single bird had been seen September 25.

[Ardetta neoxena, CoRyY’s LEAST BITTERN.
This species (if species it be) has been found near Toronto, also in Michigan, and
should occur at Erie at least as a transient. |

Topp: Brirps or ERIE AND PRESQUE ISLE. 531

46. Ardea herodias. Great BLur HERON.

Although this species occurs through the summer months, it is not
believed to breed anywhere in the vicinity, no nests having been seen
or reported. Individuals may be found any day in July and August
on the Peninsula, on the outside beach as well as about the ponds,
while during migrations in spring and fall it is tolerably common also.
It is but seldom met with on the mainland, although an occasional
bird has been noted there in the spring. The following dates, culled
from Mr. Bacon’s note-book, are of interest as indicating its times of
occurrence and migration: May 30, 1901, three birds; June 25,
1900, one bird; March 31, 1899; March 27, 1902; April 4, 1892;
November 22, 1902. During the spring movement it sometimes
occurs in flocks. A party of six was observed April 12, 1900, and
Mr. Simpson writes that he flushed ten birds together in Niagara Pond,
April 14, 1903.

[ Herodias egretta. AMERICAN EGRET.

Stragglers may be expected to occur in this region, especially in late summer and
early autumn.

Lgretta candidissima. SNOWY HERON.

Mr. Sennett’s record as given by Dr. Warren ( Birds of Pennsylvania, 1890, 60)
is too indefinite as to the exact locality to warrant the inclusion of this heron in the
Erie list. If it occurs at all it could only be as a summer straggler from the south.

Florida cerulea. LITTLE BLUE HERON.

Mr, L. M. McCormick notes a specimen taken near Oberlin, Ohio, about 1882,
(Auk, IX, 1892, 397), and it is apt to occur at Erie also as a straggler.

47. Butorides virescens. GREEN HERON.

This species may be considered a common summer resident, breed-
ing in suitable situations about the pools and along the streams of
the mainland, and also, according to Mr. Bacon, on the Peninsula,
although our experience in the spring of 1900 would scarcely confirm
such a statement, as the bird was met with there on but a few occa-
sions during the entire season. ‘The first spring record was for April
19, when a single bird was seen in a pool in an open woods on the
ridge south of the city. The latest record was for August 29, but
doubtless this was too early by a month.

48. Nycticorax nycticorax nevius. BLACK-cROWNED NIGHT HERON.

‘«Two immature Night Herons, said to have been killed in a swamp
in this neighborhood, were brought to a local taxidermist a few years
ago, in the summer.’’ (Bacon.) The species is doubtless to be listed
as a rare summer resident.

532 ANNALS OF THE CARNEGIE MUSEUM.

49. Rallus elegans. Kinc Rai.

A rare transient visitant, an occasional bird having been taken here.
Mr. James Thompson has a mounted specimen killed by him about
1898, late in the fall. He has never seen but the one, while Dr.
Warren’s statement (Lzrds of Pennsylvania, 1890, 68) that Mr.
Sennett has observed it in Erie County as a spring migrant is not
supported by specimens in Mr. Sennett’s collection. Mr. Bacon
never met with the species until 1902, when he was so fortunate as to
secure three specimens (all shot on the mainland), one each on April
17, May 7, and September 13, respectively, the one taken on the latter
date being an immature bird. All are now in the Carnegie Museum.

50. Rallus virginianus. Vircinia Ral.

Occasional as a summer resident, and during the migrations said to
be regular and tolerably common. However this may be, in 1900 we
recorded it only as a rare fall transient. What was probably the same
individual was flushed in Niagara Pond on September 28, October 1,
and October 4. A specimen brought us September 29 constituted our
only other record. As to its nesting here there is no question, as Mr.
Bacon’s notes attest: ‘‘On May 26, 1891, I found a nest containing
nine eggs in a swamp west of the city, and on June 2, 1892, I found
another nest in the same marsh, also containing nine eggs. April 18
(1900) is the earliest date upon which the species has been noted in
the spring, while recorded last dates are October 25 (1901) and 28

(1893).”’

51. Porzana carolina. Sora Rai.

The Sora Rail is mainly a transient, not uncommon in the spring,
and very abundant in the fall, outnumbering the Virginia Rail ten to
one, and like that species occasionally remaining through the breeding
season. ‘Two nests have been found by Mr. Bacon, one June 4, 1890,
in a bunch of cat-tails at the ‘‘ Head,’’ containing eleven eggs, the
other May 25, 1892, in the same marsh where the Virginia Rail was
found breeding, likewise with eleven eggs. March 31, 1902, is the
earliest record of the arrival of this species; this, however, is very
exceptional indeed, the usual date ranging from April 27 (1895) to
May 5 (1892). Inthe spring of 1900 it was observed by us on but
five occasions, a single individual having been met with in each case.
The first was on May 10, when a bird, was killed at the mouth of Mill
Creek, while the other occurrences were all on Niagara and Yellow

Topp: Birps or ERIE AND PRESQUE ISLE. 533

Bass Ponds, from May 24 to 31. Although found in some numbers
in all the marshy spots about the bay, these two ponds seem to be the
favorite resorts of the species during the fall movement, offering, as
they do, the best and most extensive tracts of suitable covert, the
growth of wild rice, on the seeds of which the birds feed, constituting
the main attraction. They were already present on August 20, 1900,
when our fall observations began, but asa rule the first great flight
does not take place until about September 1, varying only a day or
two either way, on which occasions, and at intervals thereafter, the
birds are excessively abundant, and very large bags are often made
by gunners. ‘‘I have seen the time,’’ writes Mr. Bacon, ‘‘ when
Niagara Pond seemed fairly alive with them,’’ and our own experience
at this season was in full accord. After September 25 they are seen
only in small numbers, while October 25 (1893 and 1894) is as late
as they have ever been observed, and, indeed, in 1900 we saw none
after October 6. An adult malespecimen in Mr. Sennett’s series,
taken October 25, 1889, is evidently melanic. (See Awk, VII, 1890,
71.) This rail is said by Mr. Bacon to be an expert diver upon
necessity, as for instance when wounded and trying to escape.

52. Porzana noveboracensis. YeLLow Ral.

The credit of adding this interesting species to the fauna of Erie
belongs to Mr. Bacon, whose notes are herewith transcribed in full:
‘* A rather rare spring and fall migrant, not known to the local gunners,
although, like myself, they must meet with it occasionally. I observed
it on the Peninsula first on September 30, 1893. In the fall of 1894 I
met with it on three different occasions (October 15, 17, and 19) at the
mouth of Mill Creek. On September 18, 1895, I took a single specimen
in the snipe grounds west of the city, and on April 27, 1896, I took an-
other at thesame place. Again, on September 20, 1900, I shot one Yel-
low Rail at the mouth of Mill Creek, but in the fall of 1901 I saw and se-
cured more than in all previous seasons combined. Evidently a small
bunch, perhaps a family group, stopped in the snipe grounds (before
mentioned) west of the city, where I noticed them first on September
25, when I saw three and secured two. (Previously, however, on Sep-
tember 15, I had received an immature bird killed bya local gunner. )
From this time on I never failed to start one or two Yellow Rails by
hunting through this grassy spot (marsh grass, cat-tails, and wild
rice), but often they rose so close at hand and flew such a short dis-

534 ANNALS OF THE CARNEGIE MUSEUM.

tance that it was out of the question to shoot. Eight specimens in
all were secured, the last on October 29. Seldom were more than
two seen at once, but they were always flushed at about the same spot,
and I am inclined to think that I secured nearly all of them. The
species was also met with on April 28, May 3, and October 4, 1902,
September 17, 1903, and April 23, 1904.’’ In view of the above
facts it would not be surprising if this rail should be found nesting
here. Two of the specimens taken by Mr. Bacon are in the United
States National Museum (Biological Survey Collection), while most
of the remaining birds are preserved in the Carnegie Museum. The
series exhibits considerable variation in plumage, and seems to show
that the males are larger than the females. Two fall specimens, evi-
dently immature, are very dark-colored, and have the crown and sides
of the head prominently spotted with white.
[ Porzana jamaicensis. LITTLE BLACK RAIL.

Rare as the Yellow Rail is accounted to be in most localities, this diminutive spe-
cies is rarer still. Erie is possibly a little too far north for it to be found; but so

little is known concerning the exact limits of its distribution that it may yet be
detected here. |

53. Gallinula galeata. FLoRiDA GALLINULE.

Careful search was made for this species in 1900 by our party, but
without success. However, Mr. Bacon enters it as a rare and irregular
spring and fall transient, having recorded it on the following dates,
in every case on the Peninsula: May 28, 1892, August 29, 1894,
September 3, 1900, August 30, 1901, and October 2, 1902. One of
these birds was found swimming among the wild rice, the others were
flushed along the shore of the ponds. In addition to the above
records, a specimen was brought Mr. Bacon October 7, 1891, which
was killed in the fields just east of the city. It seems strange that
this bird is so rare here, and has not been found breeding, when
Dr. F. W. Langdon has noted it as such a common summer resident
at the head of Sandusky Bay, Ohio ( Journal Cincinnati Society of
Natural Flistory, WI, 1880, 228).

54. Fulica americana. AMERICAN Coot.

So far as known the Coot is a transient visitant only, uncommon in
the spring, but quite abundant in the fall. It mainly frequents the
ponds, where it skulks among the aquatic plants, less frequently the
marshy shores of the Peninsula and the waters of the bay. Usually
it is found singly or in small parties, which are by no means averse to

Topp: Birps oF ERIE AND PRESQUE ISLE. 535

the company of the various species of ducks and grebes, but during an
immense flight of this species on October 7, 1902, as many as seventy-
five were seen in one flock. March 28, 1898, appears to be the
earliest recorded date of arrival, but in 1900 we saw none until April
10, when a single bird was met with ina flock of Black Mallards.
Others were seen later in the month, and one was shot on May 15.
An individual seen on May 23, 24, and 26, when it was finally secured,
was in worn and faded plumage, but showed no signs of breeding.
As this locality is well within the known breeding range of the species,
the only reason that it does not nest here would seem to be the gen-
eral publicity of the place. However, it has been observed as early
on the return movement as September 5, 1875 (Sennett), and Sep-
tember 7, 1900 (Bacon), but does not become common until October,
and remains well through the following month, the latest date on
record being December 6, 1900 (Bacon).

55. Crymophilus fulicarius. Rep PHALAROPE.

This is more of a maritime species than the other phalaropes, and
inland is the rarest of the three kinds. It occurs at Erie as a very
rare transient. In Mr. Sennett’s collection there is a female in win-
ter plumage shot October 10, 1899, by Mr. James Thompson. Just
six years later, on October 10, 1895, Mr. Bacon secured another
specimen at the mouth of Mill Creek, which bird is now in the Car-
negie Museum. These examples appear to constitute the first authen-
tic records for Pennsylvania, although the species has been noted from
both sides, at Cleveland and Buffalo (Wheaton, Bzrds of Ohio, 1882,
467, and Savage, Auk, XII, 1895, 313).

56. Phalaropus lobatus. NorTHERN PHALAROPE.

‘* At Erie bay and about the lake shore in Erie county this phala-
rope is found as a rather regular but not common migrant, seen most
frequently in the fall.’’ (Warren, Birds of Pennsylvania, 890, 76.)
To support this general statement there are, however, only three
records positively known. Two specimens, females, taken Septem-
ber 29, 1888, and October 10, 1889, are in Mr. Sennet’s, collection,
while a third specimen was secured by the writer at the mouth of Mill
Creek on the occasion of the great storm of August 29, 1893, and is
now deposited in the U. S. National Museum (Biological Survey Col-
lection).

536 ANNALS OF THE CARNEGIE MUSEUM.

57. Steganopus tricolor. WuLson’s PHALAROPE.

The only authority for the inclusion of this species is Dr. Warren
(Birds of Pennsylvania, 1890, 77), who says that ‘‘ at Erie bay small
flocks of these phalaropes are sometimes to be seen in the fall swim-
ming in the water like ducks.’’ No specimens are known to be
extant, however, but for the present the record may be allowed to
stand, inasmuch as there is nothing intrinsically improbable in the
occurrence of the species at this point, and specimens may come to
hand at any time. Dr. J. M. Wheaton speaks of it as having been
repeatedly taken in the neighborhood of Cleveland (Birds of Ohio,
FOO2. 4604),
| Limantopus mexicanus. BBLACK-NECKED STILT.

A Mississippi Valley species, casually straying eastward. Dr. J. M. Wheaton says
that it ‘‘ has been repeatedly taken on Lake Erie, as I am informed by Mr. Winslow.’’

(Birds of Ohio, 1882,463.) There are no recent records known to the writer from
this general region. ]

58. Philohela minor. AMERICAN WooDcCOCK.

A summer resident, according to our observations not very common
on the Peninsula in view of the apparent adaptability of the place to
its needs, [t was met with on two occasions by the writer on June
26, 1899, and in Igoo a pair must have had a nest near the foot of the
board-walk, as they were repeatedly flushed there, and on May 21 two
young, but a few days old, were discovered. ‘They were odd look-
ing little fellows, covered with down of two shades of reddish-brown,
and were able to run about and utter a weak peeping cry. May 29
what were presumably the same birds were again seen, then much
larger and more active. Mr. Bacon contributes the following inter-
esting observations on this species: ‘‘ Common as a summer resident,
arriving the latter part of March (March 23, 1go1r), and staying until
the first severe weather in November, my latest record being November
14, 1901. Erie County contains some very good Woodcock ground
for both summer and fall shooting. In favorable seasons a good many
broods are raised in the vicinity of Erie, particularly on the Peninsula.
As arule they are well grown by the first of July, but I have seen
young birds at that time scarcely able to fly. A single Woodcock
may happen to be found almost anywhere, particularly during the fall
migration. For instance, such places asa fence-row, cornfield, brier-
patch, orchard, or thicket may harbor a single bird, but to find any
number together it is necessary to traverse a growth of young poplars,

Topp: Brrps oF ERIE AND PRESQUE ISLE. 537

and if such be overrun with goldenrod it is all the more apt to provea
favorite haunt. In such a spot, during the migration, a dozen birds
may be killed, apparently depopulating the place, and yet the next
day there may be as many birds as ever, the result of an influx
during the intervening night. In large tracts of second-growth there
are often found particular spots, seemingly no better for Woodcock
thana hundred other similar places, where the birds will be found
with certainty day after day, unless, indeed, the ground be flooded.’’

59. Gallinago delicata. WuLSsoN’s SNIPE.

Common as a transient visitant, and rare as a summer resident.
According to Dr. Warren (Birds of Pennsylvania, 1890, 81), ‘* Mr.
Samuel Thompson, of Erie city, reports having discovered a nest and
four eggs in June, 1889, in aswamp near the Erie county poor-house,’’
while Mr. Bacon also records it (on the authority of Mr. George C.
Russell) as nesting elsewhere in the county, outside the limits of the
present paper, however. ‘This observer writes as follows of his exten-
sive experience with the present species: ‘‘The county in general,
and the lake shore plain in particular, contain much excellent snipe
ground in the spring, but in the fall the fields are seldom flooded, and
being very grassy, do not furnish inducements for the birds to alight.
The Peninsula on the contrary is better ground in the fall than at the
other season, as the close of winter finds the edges of the ponds so bare
that there is no cover forevena snipe. From my notes on the migra-
tion of this species, covering over ten years, I find that the date of its
arrival on an average falls in the last week of March, March 13 (1903)
being the earliest and April ro (1896) the latest date respectively.
The bulk of the birds pass through in April, and not a few linger into
the following month for a week or more, or until May 7 (1892 and
1898) to May 17 (1894). Its return in the fall is seldom delayed
beyond the last week in August, my earliest record being August 18
(1896) and my latest September 15 (1899), while it lingers as a rule
until the first week in November, the records ranging between October
19 (1898) and November 21 (1899). A curious partial albino [now
in the Carnegie Museum] was shot May 7, 1892.’’ According to our
observations in 1900 this bird is by no means so numerous on the
Peninsula as the local conditions would seem to warrant. Single
individuals were met with as a rule, more rarely small flocks or
‘¢ wisps,’’ always on the edge of the ponds, from April 20 to May 10

538 ANNALS OF THE CARNEGIE MUSEUM.

in the spring, and from August 23 to October 3 in the fall, at which
season it was most numerous, however, in September.

60. Macrorhamphus griseus. RED-BREASTED SNIPE.

Occurs as a rare transient visitant, being mentioned by Dr. Warren
as having been taken here (4zrds of Pennsylvania, 1890, 83), doubt-
less on Mr. Sennett’s authority, although there is no specimen in the
Sennett collection. Concerning the single specimen in the Carnegie
Museum Mr. Bacon speaks as follows: ‘‘ While hunting in the fields
west of the city July 19, 1892, a single shore-bird whose note was
unfamiliar to me flew by and alighted perhaps a mile away. Follow-
ing up I came upon it again at the edge of a pool, and was successful
in securing the bird, which proved to be of the present species. Since
that time I have seen one or two individuals, believed to have been of
this species, at the mouth of Mill Creek.”’

[ Macrorhamphus scolopaceus. LONG-BILLED DOWITCHER,

This bird should be looked for during the migrations. It has occurred at Straw-
berry Island in the Niagara River (Savage, dws, XII, 1895, 313). ]
61. Micropalama himantopus. STILT SANDPIPER.

This interesting species must be listed as an irregular visitant in the
fall. It may, indeed, occur every season, but gunners would scarcely
distinguish it from the Lesser Yellow-legs, with which it is often found
associated. It was first observed in this locality by Mr. Bacon and
the writer at the time of the great storm of August 29, 1893, on which
date five specimens were taken from a small flock at the mouth of Mill
Creek. On September 13 of the same year Mr. Bacon secured a single
bird, and another on the day following. It was not again met with
until August 31, 1895, when he shot eight specimens out of a flock of
forty birds, at least half of which were Lesser Yellow-legs. “These were
all obtained at the mouth of Mill Creek. Since that time, however,
it has been detected on the Peninsula also, about the ponds, where
one specimen was taken August 7, 1901, and a second, an adult bird
still retaining much of the summer plumage, on August 20 of the
same year.

62. Tringa canutus. Rosin SANDPIPER; KNOT.

Although given by Dr. Warren (47rds of Pennsylvania, 1890, 84)
as a regular and somewhat common visitor at this locality in spring
and fall, this species has been rarely observed of late years. A pair,
shot on the Peninsula September 17, 1875, are all that are in Mr.
Sennett’s collection. On August 27, 1895, Mr. Bacon took a single

Topp: Birps OF ERIE AND PRESQUE ISLE. 539

bird on the outside beach, and on August 30 of the same year exam-
ined two others which had been shot on the beach near the ‘‘ Head.’’
One other was secured August 29, 1896. Mr. Simpson killed a single
bird from a flock of Killdeer Plover on September 10, 1900, also on
the outside beach. These are all the available positive records of the
occurrence of the species.

63. Arquatella maritima. PURPLE SANDPIPER.

Nothing is known of the occurrence of this sandpiper here beyond
the brief statement made by Dr. Warren (47rds of Pennsylvania, 1890,
84): ‘*Mr. George B. Sennett, of Erie city, mentions it as a strag-
gler in his locality.’’ There is one record for Cleveland, Ohio, given
by Dr. J. M. Wheaton (Szrds of Ohio, 1882, 476). The species
should be looked for in November and December, along the outside
beach.

64. Actodromas maculata. PECTORAL SANDPIPER.

The following account of this species is taken from Mr. Bacon’s
notes: ‘‘ The Pectoral Sandpiper is a transient visitor, irregular, but
sometimes fairly common in the spring, more abundant and regular in
the fall. At the former season, if found at all, it occurs in flocks
numbering from twenty to forty or fifty birds, feeding in wet places
in the fields. JI have met with it repeatedly during the last week in
March, my earliest record being March 23, 1895, but usually it is
most numerous in April, while the latest spring record is May 4,
1893. For the autumnal movement July 31, 1897, is the earliest
date ; this, however, is decidedly exceptional, the usual date of its
arrival ranging between August 20 (1896 and igor) and September
4 (1894). The migration continues usually until the middle of Oc-
tober and occasionally even later ; thus, I have noted birds on Octo-
ber 31, 1895, and November 3, 1894. At this season it is found in
flocks seldom exceeding a dozen birds, frequenting the edges of
the ponds, and the marsh at the mouth of Mill Creek in particular.
It does not take to cover like the Wilson’s Snipe, but stands so still
and quiet thatit is seldom seen until it flushes. It is a hard flier and
single birds afford good sport.’’ ‘This sandpiper is rarely found on
the outside beach. One was shot there on September 10, 1900, by
Mr. Simpson, which, with another taken by Mr. Worthington on big
Pond, October 31, constituted our only record.

540 ANNALS OF THE CARNEGIE MUSEUM.

65. Actodromas fuscicollis. WH1TE-RUMPED SANDPIPER.

One of the rarer transients among the shore-birds. The following
specimens are in Mr. Sennett’s series: one, October 23, 1874, ‘‘ head
of bay’’; two, June 4, 1875, ‘‘on the Peninsula ’’ —the only spring
record, and a very late date — and one October 29, 1889. The spe-
cies was noted by the writer as quite common on the occasion of the
great storm of August 29, 1893, when it was found in small flocks at
the mouth of Mill Creek, feeding in the muddy slime, and very tame
and unsuspicious. Since then Mr. Bacon has met with it a few times
at the same place. October 11, 1894, he shot a single specimen,
also again on September 28, 1895. On October 9 and to, 1895, he
secured two birds each. In the fall of 1900 a single specimen was
secured (on the outside beach) by Mr. Worthington on October 15.

66. Actodromas bairdii. Bairp’s SANDPIPER.

Baird’s Sandpiper, essentially a bird of the interior, and recorded
but once from Pennsylvania previously (Todd, Awk, VIII, 1891,
240), proves to be a species of moderately common and _ presumably
regular occurrence as a fall migrant at this locality. It is found singly
or in pairs, always on the outside beach, and occasionally in the com-
pany of other shore-birds. September seems to be the month when
its migration is mainly performed, the earliest birds having been noted
in 1900 on September 5, and the last September 29. In addition a
single specimen was secured as late as November 2, but its condition
indicated that it had been wounded and thus unduly delayed. Mr.
Bacon has observed the species on the following dates: August 24,
1892; September 16, 1893; September 1 and 7, October 5, 1894;
October 3, 1895; September 11, 1897; August 22 (the earliest
record), September r and 5, 1902. He does not recall having seen
more than a pair together.

67. Actodromas minutilla. Least SANDPIPER.

This diminutive shore-bird has been observed as a transient visitant,
quite common in both spring and fall. It may be looked for almost
anywhere about the bay where there is a mud-flat, or where the
aquatic weeds cast up by the waves thickly strew the outside shore, and
it is occasionally found in flooded fields also. On its way northward
it passes through in May, the earliest arrivals in 1900 having been
observed May 8, while from Mr. Bacon’s notes we learn that May 24
(1893) is the latest date at this season. It returns in August, the

Topp: Birps oF ERIE AND PRESQUE ISLE. 541

earliest record being August 13, 1902, and usually is present through
most of September, and even until, in one instance, as late as October
3 (1895). The season of 1900 for some reason seemed to have been
an unfavorable one for this species, as it was not very common in the
spring, when it was noted only at the mouth of Mill Creek from May
8 to 16, and but one bird was seen in the fall (August 23). More-
over, no flocks of any size were observed, single individuals or small
parties being the rule.

68. Pelidna alpina sakhalina. Rep-BackeD SANppIPeEr.

Tringa (Pelidna) alpina sakhalina BUTURLIN, Auk, XXI, 1904, 253.

Pelidna alpina sakhalina, A. O. U. Check-List, Auk, XXI, 1904, 412.

Quite common as a transient visitor in the fall, but rare in the
spring. Some birds believed to have been of this species were noted
as early in Ig00 as August 22, 27, and 31, in company with other
shore-birds, but no others were seen until October 11, when one speci-
men was taken. It was observed at frequent intervals on the outside
beach up to November 3, the days of greatest movement being October
25 and 26, when flocks of considerable size were met with. Single
individuals taken on November 15 and 16 had been previously
wounded, which may account for the lateness of their stay. All the
specimens secured were in full winter plumage. Mr. Bacon’s notes
on the present species are of great interest as showing its quondam
abundance, as well as the reason for the decrease in its numbers. ‘In
former years extensive flights took place about the first of November,
upon which occasions bushels of them are said to have fallen to a single
gun. During these great flights the flocks were accustomed to follow
the outside beach of the Peninsula (having presumably come directly
across the lake) to its southeastern extremity, thence crossing over to
the sand-beach east of the mouth of Mill Creek, where, after having
been sadly depleted by dozens of guns, they would finally rise high in
the air and pass southward over the mainland, flock following flock
all day long. I know this by hearsay only, but am positive that this
is the bird that used to arrive in such numbers late in the fall. On
October 29, 1897, I killed fifty-three of these birds out of two flocks,
comprising in all perhaps as many more, and this is the nearest ap-
proach to a flight that has occurred of late years. Every season, how-
ever, numerous small flocks are found, appearing sometimes as early
as the first week in October (October 2, 1894; October 3, 1895 ;
October 6, 1891), but more commonly toward the latter part of the

542 ANNALS OF THE CARNEGIE MUSEUM.

month. November g, 1894, is my latest fall record. The spring
records are few indeed. I took a specimen May 16, 1892, and on
May 19, 1896, I saw a flock of perhaps forty birds, and with the sun
glistening now on their red backs, and then on their black breasts, as
they circled back and forth after the manner of Golden Plover, it was
a sight not soon to be forgotten. On April 21, 1900, I saw one of
these birds which had been killed in the fields ; aside from this I have
never known them to be met with away from the lake. ‘Their flesh I
consider very far from being a delicacy, tasting very fishy in fact.’’
Mr. Sennett’s collection affords two additional spring records: May
23, 1875 (two specimens), and May 15, 1889. There is also one
specimen, taken September 21, 1875, in his series, while Mr. Simpson
reports single specimens secured on September 25 and 26, 1902, these
being the earliest authentic fall records.

69. Ereunetes pusillus. SrEMIPALMATED SANDPIPER.

A very common transient in the fall, but spring records seem to be
few. A single bird was seen May 23, 1900, and in Mr. Sennett’s
collection there is a bird taken at the remarkably late date of June 4,
1875. In 1900 Mr. Bacon met with it in the fall movement as early
as July 27, and on August 22, when our work began, it was already
common, continuing in varying numbers until September 27, after
which date no more were observed. It was found both singly and in
flocks, very often in the company of other shore-birds, frequenting
the outside beach. On August 29, 1893, it was common at the mouth
of Mill Creek, and an unusually large flock was seen on the sand-
beach at the Soldiers’ Home grounds. ‘This species and the Least
Sandpiper, which it so much resembles in size and coloration, are not
distinguished from each other by the gunners, both passing under the
name of ‘‘ Peep,’’ and being slaughtered for sport whenever the oppor-
tunity offers. The Carnegie Museum has an interesting albino speci-
men of this sandpiper, taken by Mr. Bacon August 25, 1894; it is
white, lightly washed with rusty on the crown, back, wings and tail.
[ Lreunetes occidentalis, \WESTERN SANDPIPER.

Many small sandpipers, killed by gunners and by our own party, were examined
in the hope of finding specimens of this species among them, but none were found:
Still, it may yet be detected as an accidental fall migrant. ]

70. Calidris arenaria. SANDERLING.

The Sanderling is without question the most abundant of the migrat-

ing shore-birds in the fall, although it has not been observed in the

Topp: Brirps or ERIE AND PRESQUE ISLE. 543

spring. July 27 was the date of its arrival in 1900 as recorded by
Mr. Bacon, and it was present and common on August 22 when our
fall observations began. There was no noticeable decrease in its
numbers until October, and, indeed, it continued a frequent and fairly
regular visitor up to October 27. In addition a single bird, to all ap-
pearances well and unhurt, was taken as late as November 16. It was
met with exclusively on the outside beach, and there were not a few
days when it was the only shore-bird seen there. Single birds, or two
or three together, were often found, but as a rule it was observed in
flocks of a dozen or thereabouts, keeping close to the edge of the
water, running down and back again with the recession and advance
of the waves, ceaseless in activity and graceful in every movement.
The flocks of old birds met with earlier in the season were sometimes
difficult to approach, but the young, which alone were found after the
first of September, were usually quite unsuspicious, and would often
come within a few yards if the observer remained perfectly still. A
flock of about two dozen birds was seen on the mud-flats at the Soldiers’
Home grounds during a brief visit made there by the writer on August
22, 1903, this being the only time the bird was ever noted away from
asandy beach. Mr. Bacon notes that it usually appears sometime dur-
ing the first half of August, and says that he has seen it as late as October
27 (1893). Mr. Sennett has a specimen taken November 1, 1874,
and Mr. Simpson shot one November 17, 1902. ‘*On September 16,
1900, I observed several feeding on a dead fish, and seemingly fight-
ing over it.’’ (Bacon. )

[ Limosa fedoa. MARBLED GODWIT.

‘« Mr. George B. Sennett informs me stragglers are occasionally taken in Crawford
and Erie counties.’’ (Warren, Birds of Pennsvivania, 1890, 88.) The exact locality
to which this note pertains cannot now be ascertained, although the statement may
well refer to the vicinity of Erie. In this connection also it may be noted that Mr.

Sennett even gives this species as breeding in Western Pennsylvania (Elliot, Worth
American Shore Birds, 1895, 105).

Limosa hemastica. HUDSONIAN GopDwiIT.

This species may occur as a casual or accidental visitant. It has been noted on
Lake Erie near Cleveland (Wheaton, Birds of Ohio, 1882, 481).]

71. Totanus melanoleucus. GREATER YELLOW-LEGS.

A regular transient, occurring in moderate numbers both in spring
and in fall, although never so plentiful as the Lesser Yellow-legs, in
the company of which it is occasionally found. More than a half
dozen in any one flock have not been observed, single birds and pairs

544 ANNALS OF THE CARNEGIE MUSEUM.

being the rule. ‘‘ March 28, 1902, was an exceptionally early date of
first appearance in the spring, as they usually arrive sometime during
April [April 13, 1889 (Sennett) ; April 16, 1900], many lingering
well into the following month before finally passing northward [May
10, 1900], sometimes even until May 25 (1893). I secured one
specimen July 28, 1896, and at that time thought the date very unusual
indeed; I have since, however, seen them in August several times.
Their migration continues through September and most of October
and even occasionally into November (November 4, 1893), but at no
time does there seem to be any concerted movement among them, in-
volving marked flights on certain days, as with many other shore-
birds.’’ To Mr. Bacon’s notes above quoted may be added Mr.
Simpson’s record of a bird seen flying over at Crystal Point, Novem-
ber 18, 1902. In 1900 our earliest fall date was August 25, and the
latest October 31. The length of the period of migration in this
species on its southward movement is remarkable, and equaled in the
case of but few other birds. ‘They seem to be about equally partial to
the mud-flats at the mouth of Mill Creek, the outside sand-beach, and
the marshy edges of the various ponds, and even at times the flooded
fields of the mainland. As a rule they are shy and difficult to
approach.

72. Totanus flavipes. Lesser YELLOW-LEGS.

Like its larger congener, the present species is a transient visitor in
spring and fall, but is more numerous, at least at the former season,
occurring more plentifully, perhaps, than any other shore-bird of equal
size. ‘The marshes and mud-flats at the mouth of Mill Creek are a fav-
orite feeding-ground, although it frequents as well the other spots
where shore-birds in general are wont to be found. Flocks of this
species seldom aggregate two dozen birds, which, unlike those of the
larger kind, are as a rule quite unsuspicious, so that it is comparatively
easy to secure specimens: on one occasion (May 7, 1go0) four were
taken at one shot. Mr. Bacon states that they make their appearance
usually during the last week in April (April 23, 1900; May 4, 1894),
the bulk passing through during the first half of May, the latest re-
corded date being May 24, 1893. Mr. Simpson reports a pair seen
at Crystal Point April 26, 1902, while our records for the spring of
tgoo (all from the mouth of Mill Creek) ranged between May 1 and
12. In the autumnal movement they are said to reappear some time
in August, on one occasion (1901) as early as August 7, lingering

Topp: Birps oF ERIE AND PRESQUE ISLE. D45

well into October, recorded last dates varying between October 11
(1894) and 14 (1893). We did not, however, meet with them in
1900 at this season save on August 22 and 23, and September 21. It
is very evident that this species is not so hardy as the Greater Yellow-
legs, its migration being performed during the warmer part of both
seasons.

73. Helodromas solitarius. So1irary SANDPIPER.

The Solitary Sandpiper is regular and common as a migrant, and of
casual occurrence as a summer resident, having been noted by Mr.
Bacon on various occasions through the summer, of which the follow-
ing were recorded: July 19, 1892, July 7, 1896, and July 25, 1890.
Upon this latter date two specimens were taken, both young birds.
Migrants from farther north, however, begin to arrive in August, exact
dates lying between August 17 (1901) and 25 (1897). In the fall
of 1900 it was first noted (at Mill Creek) August 20, but did not
appear to be very common at that season, at least on the Peninsula,
where it was observed only on September 13 and 25. ‘The latest fall
date given by Mr. Bacon is October 12, 1901. He has observed its
arrival in the spring from April 27 (1895) to May 6 (1893). In the
spring of 1goo it was first seen May 3, when one was noted at a muddy
pool a few miles west of the city. May 8, 9, and 10 were days when
a considerable movement took place, the species being met with not
only at the mouth of Mill Creek, but about the ponds on the Peninsula
as well. It was observed at intervals up to May 24. This species has
not been found on a sandy beach, the margins of the ponds on the
Peninsula and pools on the mainland being its favorite resorts.

74. Symphemia semipalmata. WILLET.

Mr. Simpson is the only observer in this region who has been so
fortunate as to meet with this species, whose occurrence here must be
considered as very rare or accidental. His account is as follows:
**On April 24, 1902, while hunting on the outside beach, I saw two
large shore-birds at the very water’s edge, standing close together.
As there was no cover I kept on as if to pass them, and fired at long
range just as they were about to start, with the fortunate result of
securing both birds. They proved to be a pair of Willets in full
spring plumage, and were pronounced ‘Golden Plover’ by gunners
who saw them, as are also Yellow-legs or any large wader.’’ These
specimens are now preserved in Mr. Simpson’s collection. Many

546 ANNALS OF THE CARNEGIE MUSEUM.

years ago (1838) this bird was recorded by Dr. J. P. Kirtland asa
common visitor, doubtless breeding, on the shores of Lake Erie in
Ohio (American Journal Science and Arts, XL., 1841, 24), but there
is no recent evidence to substantiate this statement, and the species is
certainly rare enough at the present time so far north in the interior.

75. Bartramia longicauda. BARTRAMIAN SANDPIPER.

The writer has never met with the present species in this locality, but
Mr. Bacon’s very full notes admirably supply the deficiency. ‘‘ This
interesting species must be put down as a migrant, rather common in
the fall, less numerous in the spring, and of occasional occurrence as
a summer resident. Some seasons, as for instance in 1899, it has
been quite common in certain localities which it frequents. I have
spent many afternoons in the pursuit of these birds, and have con-
cluded that more can be found cn a couple of square miles of pasture
and farm land, just west of the city of Erie, than in all the remainder
of the county. From my own knowledge of the county, and from
information given by others, I am led to believe that this bird seldom
stops, save on the lake shore plain. ‘Thus, I have never seen one on
the Peninsula, and never expect to, for it is a bird of the pastures and
clover fields. During spring migrations I scarcely ever see more than
one or two pairs, but by July 15, or soon thereafter, I always find a
bunch of young birds on their way south, perhaps half a dozen, per-
haps two dozen, and, if it happens to bea favorable season, their num-
bers are soon augmented. It would seem to be the case that a rainy
summer with a luxurious growth of weeds and grasses brings but few
Bartramian Sandpipers, but let it be hot and dry, with the stubble
short, and grasshoppers by the million, then they may be expected in
abundance. On June 20, 1897, at Miles Grove, I saw a bird of this
species which acted unmistakably the part of a female with young,
flying from side to side along a road lined with grain fields, and oc-
casionally alighting within a few yards of me. On June 25, 1899, I
saw a single bird, and on May 21, 1890, I saw several, while a female
taken May g, 1900, was nearly ready to nest, so that I think an occa-
sional brood is raised in the vicinity of Erie also. One day while
watching a flock take their usual dive preparatory to alighting, I saw
one of them strike a telegraph wire, cutting both his neck and his
existence off short. My records of the vernal appearance of this spe-
cies lie between April 11 (1896) and May 1 (1897), while the latest
fall date appears to be September 22, 1896.’’ ‘This species has, how-

Topp: Brirps or ERIE AND PRESQUE ISLE. 547

ever, despite Mr. Bacon’s prediction, been taken on the Peninsula, but
its occurrence there must be very exceptional indeed. Mr. Simpson
writes as follows: ‘‘ April 26, 1902, during the big storm, flock after
flock of Bonaparte’s Gulls came in from the main lake over Niagara
Pond to the bay, and with one of these flocks came a smaller bird,
which upon shooting proved to be a Bartramian Sandpiper.’’

[ Zryngites subruficollis, BUFF-BREASTED SANDPIPER.

One of the rarer shore-birds, which has been recorded, however, from Cleveland,
Ohio (Wheaton, Airds of Ohio, 1882, 491), and has even been noted as breeding
near the Ontario shore of Lake Erie (McIlwraith, Aird: of Ontario, 1894, 156-157). ]
76. Actitis macularia. SporreD SANDPIPER.

This familiar and ubiquitous bird is an abundant summer resident
on the Peninsula, where it doubtless finds suitable nesting grounds in
the grassy sand-dunes back from the outside beach, and where it was
observed in June of 1897 and 1899. It is found also on the shores
of the bay, and about the ponds — anywhere, in fact, wherever water
runs or stands, but does not often associate with other shore-birds.
It comes from the south in April (April 18, t900; April 27, 1894).
The bulk seems to pass southward by the end of August, but a few
usually linger well through September, the last being seen in 1g00 on
September 23. On May 2, 7, 8, and g, Ig00, it was excessively
abundant at the mouth of Mill Creek, flying in flocks, shy and restless,
behaving very much as do those of some other shore-birds. The time
of its nesting is indicated by a nest with two eggs found by Mr.
Bacon, May 24, 1893.

[ Mumenius longirostris, LONG-BILLED CURLEW.

In early times this species may have been not uncommon on the shores of Lake
Erie (cf. Kirtland, American Journal Science and Arts, XL, 1841, 24), and it may
still occur as a casua! visitor. Certain gunners have described a bird to the writer
which was probably this species, which they claimed to have killed near Erie within
late years. ]

77. Numenius hudsonicus. Hupsonian CurRLEw.

Occurs as a transient visitant, rare and irregular in late years,
although well known to the older generation of sportsmen. It has
been seen here in the spring, but most of the reports of its occurrence
are for the fall migration. Mr. Bacon has seen but two individuals,
on August 1, 1890, and August 27, 1895. Mr. James Thompson has
a mounted specimen which he says was taken in the fall, about 1892.
The Carnegie Museum has an exatnple said to have been shot in the
*80’s by Captain J. D. Paasch.

548 ANNALS OF THE CARNEGIE MUSEUM.

78. Numenius borealis. Eskimo CuRLEw.

A very rare fall transient. ‘‘A few of these birds are seen every
year about the shores of Erie bay, where, in October, 1889, two were
shot by Mr. James Thompson, of Erie city.’’ (Warren, Birds of
Pennsylvania, 1890, 96). Asingle female in Mr. Sennett’s collection
taken September 17, 1889, and marked as having been collected by
James Thompson and George B. Sennett, is evidently the only basis
of the above statement, since Mr. Thompson asserts that the speci-
mens in question passed into Mr. Sennett’s possession.

79. Squatarola squatarola. BLACK-BELLIED PLOVER.

A transient species, regular and fairly common in the fall migration.
Neither this nor the following species have been positively identified in
the spring, but on at least two occasions Mr. Bacon has seen a single
plover at that season, belonging to one species or the other. August
I, 1890, is his earliest fall, record, but ordinarily it does not arrive
until about the middle of the month, attaining its greatest abundance
in September, and remaining often through the greater part of Octo-
ber, and sometimes even later (November to, 1894). In the fall
migration of 1goo the first was observed August 23, and September Io
and 17 were days of special movement, while the last record for the
season was not made until October 31. Small parties are the rule,
although single birds are not infrequent, and the outside’ beach and
Horseshoe Pond are its favorite haunts. It has also been observed by
Mr. Bacon on the ploughed fields of the mainland. Of the whole
number secured but three were adult. ‘These were taken on September
5 and 17—by rare good fortune, as they are very wild as compared
with the young, which can usually be approached with little difficulty.
This preponderance of immature birds is noted also by Mr. Bacon,
who has seen but three or four adults in all, two of which were se-
cured (August 28, 1897; August 17, 1901). Heconsiders the young
very indifferent for the table.

So. Charadrius dominicus. AMERICAN GOLDEN PLOVER.

In its seasonal distribution this species is like the last. ‘‘ Taking
one year with another,’’ Mr. Bacon writes, ‘‘I consider this species
much the more abundant of the two. Flocks of from twenty-five to
fifty birds used to be seen every season, frequenting the ploughed fields
west of the city, arriving soon after September 1, and staying for a
week or two. ‘These flocks seemed to be comprised mainly of old

Topp: Brrpos or ERIE AND PRESQUE ISLE. 549

birds, the young being found in pairs and small bunches around the
lake beach. I saw two such flocks in September, 1go1, the first seen
to speak of in several years. The Golden Plover is seldom noted in
August, but on August 20, 1896, I shot one old bird. My latest fall
note is November 5 of the same year.’’ Very few individuals of this
species came to our notice in 1900. ‘The first was observed August
27, a specimen taken September 17, and one seen the following day —
all on the outside beach. ‘The last record was that of a bird shot at
Crystal Point on September 25. Both birds secured were immature. In
1go2 Mr. Simpson shot a specimen on September 27, and on Novem-
ber 18 saw three flying down the bay at some elevation, uttering their
peculiar whistle.

81. Oxyechus vociferus. KILLDEER PLOVER.

Common as a summer resident, and among the first of the shore-
birds to move northward in the spring, arriving some time in March,
the exact date varying between March 8 (1898) and 28 (1896). It
is not so numerous at this season as many others, however. More-
over, it is practically certain that none breed on the Peninsula, as
such a noisy species as this is much in evidence daily on its nesting
grounds, and it was not thus observed. A female taken May 17
exhibited signs of breeding, but had evidently come from a distance.
The cultivated fields of the mainland afford more suitable nesting
facilities. ‘‘On April 7, 1888, I found a single egg in a ploughed field.
From subsequent experience I think this must have been very early
nesting, as the next earliest record is for May 5, 1894, when a nest
with four eggs was discovered, while on June 25, 1899, I met with a
brood of young’’ (Bacon). It is in the fall migration that the
Killdeer gathers into flocks and visits the Peninsula in large numbers,
thronging the outside beach, often in company with other species,
noisy, restless, and suspicious. It was already present there August
22, 1900, and on September 8 there was a great flight of this species,
to the almost complete exclusion of all other shore-birds. After the
first week in October it was noticeably less common, but did not finally
disappear until November 12, when one was seen in Big Pond — the
only instance of its being met with about the ponds. Mr. Bacon notes
an individual seen as late as Thanksgiving Day, November 26, 1891.
82. Agialitis semipalmata. SEMIPALMATED PLOVER.

Save the Sanderling alone, the present species is perhaps the most
numerous of the transient shore-birds. May is the month when its

550 ANNALS OF THE CARNEGIE MUSEUM.

northward movement takes place. In the spring of 1900 its arrival
was recorded May 8, and it was observed at intervals until as late as
May 28, most frequently at the mouth of Mill Creek, but also on the
outside beach and the bay shore. The return movement probably
began before August 22 (Mr. Bacon’s earliest fall record is August 7,
1901), when the species was already common on the Peninsula, con-
tinuing thus until about October 1, after which date it was only oc-
casionally found. Asingle straggler was shot November 2. It usually
appears in flocks of greater or less size, and is fond of the company of
other shore-birds.

83. Aigialitis meloda circumcincta. BeLrep Pipinc PLOVER.

This interesting species is to be classed as a summer resident, sev-
eral pairs nesting annually on the wide stretches of sandy beach on
the outer shore of the Peninsula. It was first met with June 17, 1897,
when at least two pairs were found by the writer, haunting the outer
beach and the shores of Horseshoe Pond, but none were secured.
Upon the occasion of the next visit-— June 26 and 27, 1899 —it was
again met with in the same locality, and two specimens were collected.
In 1900 it was first noted as early as April 16, although not again
until May 2. Several specimens were captured during this latter
month, and in a female shot May 24 was found an egg that would
have been deposited very shortly, thus settling beyond question the
matter of the species breeding here. Mr. Bacon has taken young of
the year on July 21, 1892, and August 17, rg01. It was noted in
the fall only on August 22 and 23, and September 7, and these rec-
ords in all probability refer to the same individual, which was shot on
the last date. Mr. Simpson noted a bird of this species September
26, 1902, and in Mr. Sennett’s collection there are a pair taken May
4, 1875. Its favorite haunts are wide stretches of dry, sandy beach,
with which it agrees so perfectly in color that unless in motion it is
difficult to distinguish. It runs very rapidly, and is rather shy and
hard to approach within range.

84. Arenaria morinella. Ruppy TuRNSTONE.

The Turnstone occurs sparingly, but perhaps regularly, during the
fall migration, and has been observed in the spring also. A specimen
shot on the Peninsula August 29, 1893, came into the writer’s hands
the next day. Single birds were captured in 1900 on August 28,
September 5, and September 24, and one was identified, but not se-

Topp: Brrps oF ERIE AND PRESQUE ISLE. 551

cured, on September 25. These records were all either for the out-
side beach or Horseshoe Pond. Mr. Bacon has met with the species
on but a few occasions, and has not seen more than two together.
Following are the dates when it has been observed by him: September
5, 1892; May 24, 1893; September 21, 1901; August 30, 1895;
August 11, 1896. In addition he speaks of having occasionally ex-
amined specimens killed by others, which failed of record in his notes.
Mr. Sennett has two specimens: September 12, 1875; August 24,
1889.

85. Colinus virginianus. Bop-wHITE; QUAIL.

‘* A resident species that would be common on the mainland if
given a fair chance. ‘The guns and dogs are a little too numerous,
however, and an occasional winter with continued cold and crusted
snow may seem to exterminate them entirely, but there are always
some left, and once or twice they were almost abundant.’’ (Bacon. )

86. Bonasa umbellus. Rurrep GROUSE.

A common resident, seemingly better able to hold its own against
sportsmen and bad weather than the Quail, provided the timber is not
thinned out too much. Wooded hillsides and ravines are its favorite
resorts, and even along the wooded bluffs of the lake shore, right up
to the city limits, it is seen every fall. Indeed, it even breeds here
not infrequently. Mr. A. M. Howes reports having met with a female
and brood of young on May 30, 1892, only two miles west of the city.
Occasionally it is met with on the Peninsula, but never seems to in-
crease there, although there seems no good reason. for such a scarcity
as both general report and extended observations indicate, unless it be
that the well known abundance of minks, weasels, and birds of prey
should account for it. A female with a brood of young was noted
along the board-walk by the writer on June 26, 1899, and Mr. Simp-
son records its occurrence in November, 1902. ‘‘On November 27,
1902, I shot the first I ever saw on the Peninsula.’’ (Bacon. )

87. Ectopistes migratorius. PAssENGER PIGEON.

Formerly a very abundant species, now almost exterminated. Mr.
Bacon writes: ‘‘In the year 1889 I met with this bird on two occa-
sions, but have not seen nor heard of it since. June 9 an adult male
was shot by a friend, and on July 18 I shot a young bird.’’ ‘These
dates and the attendant circumstances would suggest that the species
was breeding, and, indeed, it is given by Dr. Warren on Mr. Sennett’s

Doe, ANNALS OF THE CARNEGIE MUSEUM.

authority as breeding sparingly in Erie County (Bzrds of Pennsylvania,
1890, 111). Mr. Sennett had three males in his collection, two of
which are now in the Carnegie Museum ; they bear dates of April 3,

>

1875, March 13, 1876, and April 11, 1876, respectively.

88. Zenaidura macroura. MourRNING Dove.

Common as a summer resident, arriving, according to Mr. Bacon’s
experience, from March 18 (1898) to 25 (1893), and staying through
September. He adds further: ‘‘ They are also occasionally seen in
late fall and even in winter (January 5, 1891). ‘Their abundance is
extremely variable from year to year. ‘Thus, in the summer of 1891
they were exceedingly numerous, and I remember seeing as many as
five hundred in a single afternoon. Ordinarily, however, it isseldom
that more than a half dozen will be seen in an afternoon’s tramp
through the country. Again, I have found them quite abundant early
in July, seemingly all young birds, while two weeks later I could
scarcely find a Dove inan afternoon’s hunt. Certain fields always
have a special attraction for Doves, and on one dry ridge not far from
the city I can always start a dozen or two in season, which must, how-
ever, be transients, as I never see as many there later on. - This
species does not occur on the Peninsula as a breeder,’’ the birds seen
there being visitors from the mainland. <A few were noticed there in
the spring of 1900, first on April 2, and thereafter on several occasions
until May 2. It was usually found in pairs, haunting the more open
places.

89. Circus hudsonius. Marsu Hawk.

A summer resident, breeding, Mr. Bacon feels quite positive, on the
Peninsula, where it has been seen through the nesting season. It is
often seen on the mainland also, and isin fact the most common hawk
in this section, save the Sparrow Hawk alone. It has not been observed
in winter, but has been noted as early as March 27 (1901). In rgoo it
was occasionally seen in the spring from April 10 to May 3, and in
the fall from August 26 to October 3. Animmature example shot on
Big Pond September 29 was the only one secured.

90. Accipiter velox. SHARP-SHINNED Hawk.

This hawk is in all probability a summer resident, although so far
it has not been certainly detected during the breeding season. It is
not uncommon, however, during the spring and fall migrations, es-
pecially at the former season. In 1900 the earliest record was for

a

Topp: Brrps oF ERIE AND PRESQUE ISLE. 5538

April 7, and from April 17 to 21 there was a considerable flight,
while May 8 was the latest date upon which it was noted. In the
fall the first came September 26, and the last was recorded October
23. It seemed to be partial to the open places on the Peninsula,
and the sand-dunes bordering the outside beach were a favorite resort.
Mr. Bacon has taken specimens in April, May, and October.

ot. Accipiter cooperii. Cooprr’s Hawk.

Apparently not acommon species in this section, its seasonal status,
both observed and inferred, being the same as that of the last. One
was noted in the woods near Big Pond, April 2, 1900; a specimen was
secured September 1 at the head of Yellow Bass Pond ; and one other
was observed September 3. Mr. Bacon has taken specimens March
27, 1901, and April 5, 1902. ‘These seem to be all the records.

92. Accipiter atricapillus. AMERICAN GOSHAWK.

This is given by Mr. Sennett as a rare visitor, doubtless in winter
(Warren, Birds of Pennsylvania, 1890, 125), as might be expected.
Further records, however, are very desirable.

93. Buteo borealis. Rep-rairep Hawk.

Concerning the Red-tailed Hawk Mr. Bacon writes as follows: ‘I
have seen young birds of this species killed in midsummer, and believe
it breeds regularly, although I have had no experience with it myself.
March 18, rgo1, I secured from Mr. Frank Claus a specimen shot by
him on the Peninsula.’’ It doubtless occurs as a permanent resident.
Mr. Simpson saw a pair on November 18, 1902, on the outside beach.

94. Buteo lineatus. Rerp-SHOULDERED Hawk.

A summer resident, possibly remaining through the winter, but there
are few records for any season. In Mr: Sennett’s collection are two
specimens, November 7, 1876, and September 14, 1888. Mr. Bacon
has secured examples on April 6, 1899, and March 30, 1901. Mr.
Simpson noted two*birds late in September, 1902. In 1900 a pair
were repeatedly observed about the lower end of the board-walk during
the last week in March, and on April 3 one which had been shot by a
gunner was found in a ducking-blind at Graveyard Pond — doubtless
killed two days previously. This pair may have intended nesting in
the vicinity, but were not certainly noted thereafter. One other in-
dividual observed November 1 constituted our sole remaining record.
Mr. A. M. Howes has been so fortunate as to find this hawk breed-
ing, the exact locality being a tract of woods within the curve made

554 ANNALS OF THE CARNEGIE MUSEUM.

by the Philadelphia and Erie Railroad, on the ridge east of the city.
He secured a set of four highly incubated eggs on April 24, 1894,
and a second set of three, probably laid by the same pair, on April
5, 1895. Both nests were in trees, thirty-five and forty feet from the
ground.

95. Buteo platypterus. Broap-wINGep Hawk.

Recorded by our party on but two occasions, but probably a sum-
mer resident. An immature male in moulting plumage was shot near
the foot of the board-walk on May 26, and one other was seen Sep-
tember 21. Mr. Bacon mentions having seen one specimen from this
locahty.

96. Archibuteo lagopus sancti-johannis. AMERICAN ROUGH-LEGGED
Hawk.

Occurs as a rare winter visitor. One was killed by Mr. Faulkner
G. Lynch in the fall of 1900, and on November 4, 1902, Mr. Bacon
was so fortunate as to secure a specimen, which is now in the Carnegie
Museum.

[ Aguila chrysaétos, GOLDEN EAGLE.

A species which may be expected to occur here as a casual visitor. ]
97. Halizetus leucocephalus. Bap EacLr.

This magnificent bird is found here at every season of the year ex-
cept winter. The writer met with it first on June 26, 1899, when a
half dozen individuals were noted about the outside beach, and its
presence at such a date naturally led to the inference that it was
breeding in the immediate vicinity. This inference was strengthened
the following year, when the species was repeatedly observed at dates
ranging from April 9 until the end of May. Notwithstanding, nothing
is more improbable than its nesting on the Peninsula. Such a large
nest would easily be visible at a long distance before the trees were
in leaf, but none were discovered, and common report was entirely in
accord with our observations. It is said to nest, however, at various
points on the mainland along the lake bluff (Northeast, Girard, etc. )
but the Peninsula is evidently a favorite rendezvous and feeding-
ground. Most of the individuals seen are immature birds, although
some are apparently adult. It is no uncommon thing for as many as
a half dozen to be in sight at once, sailing about overhead, or perched
in a commanding position in some tall tree. They frequent all por-
tions of the Peninsula, but perhaps are most apt to be met with about

Topv: Birps oF ERIE AND PRESQUE ISLE. DDD

Long Pond, where the high timber affords convenient sites for perch-
ing, and along the outside beach, where they find abundant food in
the shape of dead fish, and, at certain times, large numbers of Long-
tailed Ducks cast up on shore. They are at all times shy and difficult
of approach, but sometimes fly unwittingly within range. ‘Thus two
specimens were secured, on May 14 and 16 respectively, both in the
strip of woods at the foot of Ridge Pond. The first had a head
and tail of mottled brown and white, the other was a younger bird,
with no trace of white. Eagles were not so often observed in the fall
months, and none after November 6. Doubtless the freezing over
of the lake cuts off their accustomed supply of food, so that they are
compelled to move southward for the winter.

[ Falco peregrinus anatum. DucK HAwK,

A species which should occur in this locality, casually at least, as Dr. J. M.
Wheaton (Sirds of Ohio, 1882, 423) says it ‘is not uncommon in the vicinity of
Cleveland,’’ while a more recent record from Erie County, Ohio (May 29, 1893, one
male shot) is given by Mr. Carl Tuttle (4, XII, 1895, 191). ]

98. Falco columbarius. Picron Hawk.

Occurs as a transient at irregular intervals in the spring and fall,
being perhaps most numerous at the latter season. Mr. Sennett has
specimens taken April 26 and September 24, 1875, and September
16, 1877. Mr. Bacon has shot examples on March 28, 1895, Oc-
tober 24, 1896, and May 3, 1900. We did not meet with the species
in 1900 save during the fall migration. One shot September 18 by
Mr. Simpson was in pursuit of Flickers, which were quite numerous
just at that time. A number were seen and one was shot September
20. Others were noted September 27, October 6, and October 26.

99. Falco sparverius. Sparrow Hawk.

The present species is the most common hawk of this region, at
least on the mainland, and occurs as a summer resident, breeding in
suitable situations throughout. It is not very often observed on the
Peninsula, however.

100. Pandion haliaétus carolinensis. Fish Hawk; Osprey.

Of occasional occurrence in the spring and fall. One was noted
on May 7, Igoo, and once or twice subsequently. It has been noted
by Mr. Bacon on the following dates: May 26, 1890; May 30,
1896 ; April 20, May 4, May 24, 1902. Most of these dates, it will
be noted, fall within the known nesting season of the species, and it is
possible that it may breed occasionally within our limits, although

556 ANNALS OF THE CARNEGIE MUSEUM.

there is no positive evidence as yet to this effect. It is known to go
sometimes a long distance from its nest in search of food, and the
individuals observed may have been nesting somewhere on the main-
land. It was seen on August 26 and 29, 1900, also by Mr. Simpson
in September of both 1900 and 1902.

[Strix pratincola. AMERICAN BARN OWL.

There are several Erie County records for this owl, but none of them happen to
fall within the limits of the present paper. Doubtless it will be detected in due
time, however. ]

tor. Nyctalops wilsonianus. AMERICAN LONG-EARED OWL.
Asio wilsonianus, COUES, Check-List, 1882, 81. — A. O. U. Check-List, 1883, 198;
and of most recent authors.
Nyctalops wilsontanus, STONE, Auk, XX, 1903, 275.
This owl is no doubt a resident species, but on account of its noc-

turnal habits is seldom observed, and may be much more common
than the records indicate. There are four specimens from Erie in
Mr. Sennett’s series, taken on the following dates: April 1 and No-
vember 13 (two), 1875, and October 19, 1889.

102. Nyctalops accipitrinus. SHORT-EARED OWL.
Asio accipitrinus, NEWTON, Yarrell’s British Birds, ed. 4, I, 1872, 163. — A. O.
U. Check-List, 1883, 198, and of most recent authors.

Nyctalops accipitrinus, STONE, Auk, XX, 1903, 275.

‘¢ Occurs as a regular migrant, most numerous in the fall, and some
seaons almost common. September 28 (1896) is its earliest recorded
autumnal appearance, while the latter part of October marks the ar-
rival of the bulk of the individuals. I have never observed it in the
winter, although it may occur occasionally at that season. On the
other hand, it is possible that it may breed. Thus, on July 27, 1897,
I shot one of these birds in a grassy spot where I have often found
them in spring and fall, and again, on July 10, 1902, I found an
individual under similar circumstances. Upon the latter occasion I
could not induce the bird to leave the locality, although I could find
neither nest nor young birds. It is usual to flush these owls in some
grassy field or marsh, but on one occasion I surprised one in an apple-
tree.’’ To Mr. Bacon’s account above quoted the writer can add
nothing from personal experience. ‘There are three specimens in Mr.
Sennett’s collection, two of which were captured on dates that appear
to be respectively the earliest fall and latest spring records: Septem-
ber 22, 1875, and April 26, 1875.

ES ————EOEe

Topp: Brrps or ERIE AND PRESQUE ISLE.

ol
~I

103. Syrnium varium. Barrep Ow .

A specimen of this owl, taken October 20, 1891, was secured by
Mr. Bacon from a gunner, and mounted birds of local origin are
often seen in the hands of private parties, so that it is probably regu-
larly distributed as a permanent resident.

104. Scotiaptex nebulosa. Grear Gray OwL.

A very rare or accidental winter visitor. ‘‘ Mr. Geo. B. Sennett
tells me one was found a few years ago in the smoke stack of a steam-
boat at Erie city.’’ (Warren, Lirids of Pennsylvania, 1890, 152).

[ Cryptoglaux tengmalmi richardsont. RICHARDSON’S OWL.

Nyctala tengmalmi richardsoni, A. O. U. Check-List, 1883, 200, and of most

recent authors.

Cryptoglaux tengmalmi richardsont, RICHMOND, Auk, XVIII, 1gor, 193.

This owl is a very rare winter visitor in the northern United States. An example
in the Carnegie Museum, taken in Allegheny County, Pennsylvania, March 12, 1896,
by Mr. D. A. Atkinson, is the only known record for the State (see Rhoads, 4x4,
XVI, 1899, 311), but if found anywhere in Pennsylvania it should be at Erie. ]
to5. Cryptoglaux acadica. Saw-wHer OwL.

Nyctala acadica, A. O. U. Check-List, 1883, 200, and of most recent authors.

Cryptoglaux acadica, RICHMOND, Auk, XVIII, Igol, 193.

This diminutive owl is doubtless a resident species, but has been
most frequently detected during the colder portions of the year. Its
small size and retiring disposition combine to shield it from frequent
observation, so that it may be much more common than the available
records indicate. Mr. Sennett has two examples, labeled respectively
January 3 and June 4, 1875. Mr. Bacon took one specimen October
27, 1888, and has received from other parties individuals captured
February 5, 1892, and November 15, 1894, these, with a single bird
noted October 18, 1902, comprising all the instances of its occurrence
that have come to his notice.

106. Otus asio. ScREECH OWL.

Megascops asio, STEJNEGER, Auk, II, 1885, 184.—A. O. U. Check-List, 1883, 200,

and of most recent authors.

Otus asito, STONE, Auk, XX, 1903, 275.

Doubtless a permanent resident here as elsewhere, quite common,
but not often observed. One was seen April 4, Ig00, in a hollow
stub on the wooded bluff at the head of the bay. The species was
heard calling on the Peninsula near Misery Bay on the evenings of
September 30 and November 5._ Mr. Sennett has one specimen, March
20, 1676,

558 ANNALS OF THE CARNEGIE MUSEUM.

107. Asio magellanicus virginianus. GREAT HorNeED OwL.
Bubo virginianus, BONAPARTE, Geographical and Comparative List, 1838, 6.—A.
O, U. Check-List, 1883, 202, and of recent authors generally.
Asio magellanicus virginianus, OBERHOLSER, Proc. U. S. N. M., XX VII, 1904,
188. ;
Resident throughout the year, according to Mr. Bacon, in suitable
situations in tracts of heavy timber, and probably more plentiful, on
the whole, than any other owl, excepting the last species. We did

not meet with it in 1900.

108. Nyctea nyctea. Snowy Ow .

A rather rare winter visitor. The following note on its occurrence
refers to Northeast, Erie County: ‘‘ A party on a recent gunning ex-
pedition shot a large white or snowy owl near this place that measured
five ft. six in. from tip to tip of wings. Only one wing was in-
jured and it was captured alive, and is now on exhibition in a prom-
inent show window. It is the first I have heard of captured in this
section forsome years.’’ (‘‘A. A.A.,’’ Forest and Stream, XXVIII,
February 3, 1887, 24.) Mr. Sennett secured two specimens near
Erie, one November 22, 1874, ‘‘cedars back of lake,’’ the other
November 6, 1876, ‘‘head of bay.’’ Mr. Bacon has personally seen
but one individual (December 22, 1894). Other specimens have,
however, come to his notice, killed by various parties on the following
dates: April 13, 1895, March 8, 1902, November 3, 1902 (a very
white bird), November 18, 1902. Two of Mr. Bacon’s specimens
and one of Mr. Sennett’s are now in the Carnegie Museum.

[Surnia ulula caparoch. AMERICAN HAWK OWL.
A species that may occur as an accidental winter visitor in this section. ]

tog. Coccyzus americanus. YELLOW-BILLED CUCKOO.

A summer resident, apparently not very common. ‘The only exam-
ples thoroughly identified in 1900 were recorded May 22 and Septem-
ber 21, dates which perhaps represent the approximate time of the
arrival and departure of the species.

110. Coccyzus erythrophthalmus. BLAck-BILLED CUCKOO.

Like the last a summer resident, and probably the more common
of the two species, frequenting the shrubbery and woodland. Speci-
mens were taken May 30 and September 13, 1900, and in Mr. Sen-
nett’s collection there is a specimen marked May 11, 1875, which
possibly represents an arrival.

Topp: Brrps OF ERIE AND PRESQUE ISLE. 559

111. Ceryle alcyon. Betrep KINGFISHER.

**Common as a summer resident from April to November, and on
one occasion (January 23, 1895) I saw a single bird in midwinter,
after the bay had been frozen for several weeks.’’ (Bacon). It is
not very common, however, on the Peninsula during the breeding
season proper, doubtless owing to the scarcity of suitable nesting
sites. In Igoo it was first observed April 7, and by April 11 had
become quite numerous along the bay shore and margins of the ponds.
This comparative abundance continued until about the first of May,
when the nesting season begins. ‘The only nest discovered was in a
low bank on the Peninsula about the middle of the shore of the bay.
It was found May 25, but not examined. The species was seen almost
daily in the fall up to October 12, and once again November 1.

112. Dryobates villosus. Hairy WoopPECKER.

A permanent resident here as elsewhere throughout its range, pre-
ferring heavy timber. An occasional bird is seen on the Peninsula,
and Mr. Bacon thinks it is more common than the Downy Wood-
pecker.

113. Dryobates pubescens medianus. Downy WooppeEckKeEr.

Like the last, a permanent resident, not uncommon in its chosen
haunts, and, except in the nesting season, often associating with other
of the small resident and winter resident birds.

114. Sphyrapicus varius. YELLOW-BELLIED WOODPECKER.

A transient visitant, noted by Mr. Bacon as being in some years
quite abundant in the spring migration. His earliest spring note is
March 31, 1893. Mr. Sennett has several specimens, one taken
April 10, 1875. According to our observations in 1900 it was toler-
ably common in the spring, but much more numerous in the fall.
The first was seen April 18, but from lack of data the length of its
stay cannot be given. In the autumnal movement September 18 was
the date of its first appearance, and by September 26 it had fully
reached the limit of its abundance, and did not finally disappear until
October 12. It was particularly partial to wild cherry trees, and was
accordingly most abundant along the board-walk, where these trees
are numerous, Mr. Sennett’s expressed opinion that the species
breeds occasionally (Birds of Pennsylvania, 1890, 169) refers in all
probability to the interior of Erie County.

560 ANNALS OF THE CARNEGIE MUSEUM.

[ Ceophleus pileatus abieticola, NORTHERN PILEATED WOODPECKER. i

This woodpecker is not an uncommon species in the interior of Erie County, but Mr.
Bacon has never seen or heard of one within six miles of the lake, so that it does not
properly come within the scope of the present list, although it may yet be detected.
True, there are two specimens in Mr. Sennett’s collection, labeled without qualification
‘* Erie’’, but the correctness of the label in this respect is open to question, not only
in view of Mr. Bacon’s statement as above, but also because Mr. Sennett. himself
seems to intimate that this species is found in Erie County only in the vicinity of Lake
Pleasant (Birds of Pennsylvania, 1890,171).]

115. Melanerpes erythrocephalus. Rrb-HEADED WOODPECKER.

A common summer resident (on the mainland ) from April to October,
and occasionally winters here. Mr. Bacon contributes the following
note on this point: ‘* On several days in the winter of 1888-89 (De-
cember 29, 1888, January 3 and 5, 1889, to be more exact) I observed
this bird in small parties of eight or ten individuals each, and there
seemed to be some in every woods.’’ ‘The specimens in Mr. Sen-
nett’s series bear the following dates, abundantly confirming the general
statement: November 6, 14 and 17, 1874; February 25 and May
18, 1875; February 9, 1876; February 11, 1878 ; September 24 and
October 27, 1888. Definite records of this species nesting.on the
Peninsula are lacking, and, indeed, it would seem not to occur there
during the breeding season at all. In 1900 it was first observed April
30, and a number were noted again on May 8 and g._ In the fall it
was not detected until September 21, but from that time until the end
of the month was very much in evidence, frequenting the tall trees
along the board-walk and elsewhere. By October 8 the last had
departed.

116. Centurus carolinus. ReED-BELLIED WoopPECKER.

The seasonal status of this species here is uncertain. It seems to
have come under the notice of observers in the northern part of its
range mostly in the winter, but this is no indication that it does not
occur save at that season, as the writer has satisfied himself in at least
one case by persistent work. Its occurrence at Erie is no exception
to the general rule, the records resting on four specimens in Mr. Sen-
nett’s collection bearing dates respectively of October 6, 10, and
November 11, 1874, and February 8, 1876.

117. Colaptes auratus luteus. NORTHERN FLICKER.

The Flicker is a common summer resident, not known ever to stay
through the winter, although, according to Mr. Bacon’s experience,
remaining sometimes quite late (November 20, 1897 ; December 1,

Topp: Brrps OF ERIE AND PRESQUE ISLE. 561

1888), and returning usually in March (March 12, 1898; March 20,
1903). Itsarrival was overlooked in the spring of 1900, or at least unre-
corded, although a single specimen was taken April 17. In the fall there
was an immense movement of these birds beginning about September
15, and continuing to near the end of the month. During this period
they were exceedingly abundant, thronging the wooded portions of the
Peninsula, and apt to be met witheven inthe open. Like the Yellow-
bellied Woodpeckers, they seemed partial to wild cherry trees, and
often a half dozen or more could be seen in one such tree. The
species was present in diminished numbers through October, and the
last record was of a single bird seen September 17, with a party of
Meadowlarks on the sand-barrens near the outside beach.

118. Antrostomus vociferus. WuHIP-POOR-WILL.

A summer resident species, which, curiously enough, was found by
us only in the tract of woodland at the foot of the board-walk, between
Yellow Bass and Graveyard Ponds, where it seemed to be not uncom-
mon after its arrival on May 1. Mr. Bacon, however, thinks these
birds were transients, as he has seen the species on but two occasions,
(September 4, 1899; July 19, 1902), and has heard its notes only
on a few occasions in May, and hence considers it rare on both the
Peninsula and the mainland during the summer. Mr. Simpson reports
having taken a specimen north of Niagara Pond on April 26, 1902.

119. Chordeiles virginianus. NiGHTHAWK.

Not uncommon as a summer resident. It is, however, much more
numerous during the migrations than in summer, but occasional birds
are seen at the latter season, and no doubt it breeds regularly. In
1900 its arrival was noted May 16, and one was seen the next day.
The only other record is of asingle bird seen and positively identified
on September 23, flying over at Crystal Point. This is a very late
date indeed. ‘‘On May 17, 1894, I observed a flight of these birds, in
small parties of from two to six individuals, going eastward along the
Lake Erie shore. They seemed to follow at fairly regular intervals,
and during ‘the two hours that I was able to observe them, | saw
probably one hundred birds. On August 28, rgor, a similar flight
was noticed by some of my friends, a peculiar circumstance connected
with which was that the birds, although in fall migration, also fol-
lowed the lake shore to the east, the same course as pursued in the
spring.’’ (Bacon).

562 ANNALS OF THE CARNEGIE MUSEUM,

120. Chetura pelagica. CHIMNEY SWIFT.

This species occurs as a summer resident, and perhaps nests on the
Peninsula, having been seen by the writer about the lighthouse build-
ings in June, 1899. It is also rather common in the city, but its first
appearance in 1900 was overlooked. In the fall the last was seen
September 20, this being, indeed, our only record at that season, but
in Mr. Sennett’s collection there is aspecimen taken as late as October
Io (1874).

121. Trochilus colubris. Rusy-THROATED HUMMINGBIRD.

Here as elsewhere in the United States a summer resident, appa-
rently not very common. It was not observed in the spring of 1900
until May 21, but its real arrival probably took place two or three
weeks earlier. In the fall it was noted last on September 9.

122. Tyrannus tyrannus. KINGBIRD.

A common summer resident on both the Peninsula and the main-
land, appearing early in May (May 7, 1893; May 8, 1901, Bacon).
In 1900 its arrival was recorded May 3, when a half dozen individuals
were seen together at Crystal Point. It was noted but twice in Au-
gust, and the last was seen on September 1.

123. Myiarchus crinitus. CresTep FLYCATCHER.

A summer resident, not very common, at least on the Peninsula,
where it is confined to the wooded ridges. It may possibly be more
numerous on the mainland, where it was first observed in the spring
of 1900 on May 3, at the ‘‘ Head.’’ In the fall the latest record was .
September ro, the period of its stay being thus but little longer than
that of the Kingbird.

124. Sayornis pheebe. PH @BE-BIRD.

A common summer resident in this general region, although not
actually detected as such on the Peninsula, the character of the ground
being unsuited to its needs. However, it was quite common there
for a time during the spring migration, and also in the fall to a less
extent, haunting the margins of the various ponds. April 3 was the
date of its first appearance, and it was recorded as common on April
12. There were two records each for August and September, and
the last was seen October 4. Additional records for the spring migra-
tion are March 29, 1875 (Sennett), and March 31, 1892 (Bacon).
125. Nuttallornis borealis. OLive-sipED FLYCATCHER.

Contopus borealis, BAIRD, Birds of North America, 1858, 188.—A, O. U. Check-

List, 1883, 233, and of recent authors generally.

'

'

|

Topp: Brrps or ERIE AND PRESQUE ISLE. 563

Nuttallornis borealis, OBERHOLSER, Auk, XVI, 1899, 331.

A rare transient visitant in this locality. A single female shot by
Mr. Simpson, September 18, 1900, in an open grove just east of
Niagara Pond, constitutes the only record.

126. Horizopus virens. Woop PEweEE.
Contopus virens, CABANIS, Journal fiir Ornithologie, III, 1855, 479.—A O. U.
Check-List, 1883, 234, and of most recent authors.

forizopus virens, OBERHOLSER, Auk, XVI, 1899, 332.

Fairly common as a summer resident, and noted as such by the

writer in June of 1899. The following season its arrival was observed
May 14, and it soon became numerous. Although repeatedly noticed
in the scattered trees of the eastern end of the Peninsula, it was much
more common in the high, thick woods of the central and western
portions, ‘There seemed to be a marked movement of this species
beginning about September 11, and continuing for about two weeks.
“During this period it was not unusual to meet with many individuals
together in the woods, usually in company with other forest-loving
birds, continually on the move in the tree-tops. The time of nesting
is indicated by the label of a specimen in Mr. Sennett’s collection,
dated June 22, 1875, which states that it was taken ‘‘ with the nest
and three eggs.’’

127. Empidonax flaviventris. YELLOW-BELLIED FLYCATCHER.
Occurs as a transient visitant, apparently rare in the spring, but
rather common in the fall. The only spring record in 1900 referred
to a single bird taken May 26. As early as August 25 it had reap-
peared, and was noted at frequent intervals up to October 3, the date
of its last record in the fall. Its favorite resorts were the tracts of dense
shrubbery along the ponds, where it contrived to keep well hidden.

128. Empidonax virescens. ACADIAN FLYCATCHER.

The Acadian Flycatcher appears to be a regular and rather common
summer resident, both on the mainland and Peninsula. It was first
met with by the writer on June 26, 1899, in a dense growth of pines
in the rear of the north lighthouse, and here a specimen was secured

‘on May 15 of the following year, constituting the earliest spring rec-
ord. An old nest was discovered here also. On May 28 it was found
quite commonly in the deep woodland along the lake shore near the
** Head.’’ This appears to be one of the northernmost localities
where this relatively southern species is known to breed regularly.
Mr. Sennett has a specimen taken August 20, 1888, but we did not
meet with it in the fall.

564 ANNALS OF THE CARNEGIE MUSEUM.

129. Empidonax traillii alnorum. ALDER FLYCATCHER.

This interesting little flycatcher may breed in this locality, but has
been certainly detected only during the spring migration, and appears
to be quite rare. A single specimen was taken May 26, Igoo, in
thick shrubbery. Mr. Bacon secured one bird on May 21, 1894.

130. Empidonax minimus. Least FLYCATCHER.

Tolerably common as a summer resident, at least on the Peninsula.
It was first observed in rtg00 on May 5, and repeatedly thereafter until
the end of the month. It is partial to tracts of shrubbery, as is also
the Yellow-bellied Flycatcher, but is more apt to be found on their
outskirts and in openings than that species. It was unaccountably
rare in the fall, and was noticed then on but two occasions—Septem-
ber 12"andio7,

131. Otocoris alpestris. Hornep Lark.

Occurs as a winter resident only, but none have been identified
within late years, although special search has been made at the times
when it would be expected to occur. Such negative evidence does not,
of course, preclude its regular occurrence. ‘There are eight mounted
specimens of this form in Mr. Sennett’s collection, shot in February
and April, and two skins dated respectively February 14 and March
24, 1875. (See Dwight, 4zvk, VII, 1890, 142.)

132. Otocoris alpestris praticola. Prairie HORNED Lark.

One of the common and characteristic birds of this general region,
where it occurs at all seasons of the year, although it is probable that
many or all of the winter individuals come from farther north. It
breeds quite early in the season: thus, Mr. Bacon found a nest with
eggs March 31, 1896, while another nest discovered by him May 1,
tgo1, shows that the nesting season is sometimes prolonged. It was
noted in the spring of t900 from March 21, when our observations
began, throughout the season, but curiously enough, it was not
recorded from the Peninsula until May 31, when an immature example
was secured there, all the other records referring to single birds
or pairs in open fields on the mainland, or seen flying over.
Evidently it breeds here, and retires to the Peninsula with its young
when they are able to fly. In June of 1897 and 1899 it was found on
the outside beach, in the latter year in great abundance, occurring in
small parties, perhaps formed by the union of several family groups, as
they were composed largely of immature birds, which were quite tame

Topp: Brrps or ERIE AND PRESQUE ISLE. 565

and easily approached. In the fall of 1900, too, it was quite abund-
ant here also, particularly in October, associating with the Snow
Bunting, but no very large flocks were observed. Through the winter,
however, flocks of considerable size are often found on the Peninsula,
and even more frequently on the mainland.

133. Cyanocitta cristata. Brive Jay.

The Blue Jay is a permanent resident, and at times very abundant,
being: one of the few conspicuous birds in the heavy timber of the
Peninsula in the early spring, also in the fall, in October. The wood-
land on either side of Long Pond is a favorite haunt. A nest was
discovered in a bushy sapling at the foot of Ridge Pond in May, rgoo,
but was deserted before all the eggs were laid.

134. Corvus corax principalis. NorTHERN RAVEN.

This is given by Mr. Sennett as a straggler, and on the questionable
authority of Dr. John W. Detwiller as having been seen once in win-
ter (Warren, Lirds of Pennsylvania, 1890, 202). Wilson speaks of
the Raven ‘‘as entirely supplanting the Crow on the southern shores
of Lake Erie’’ (in Ohio), but this was almost one hundred years ago
(American Ornithology, IX, 1825, 136).

135. Corvus brachyrhynchos. AMERICAN Crow.

Corvus americanus, AUDUBON, Ornithological Biography, II, 1834, 317, and of

most authors.

Corvus brachyrhynchos, BREHM, Beitraige zur Végelkunde, IT, 1822, 56. — RIcH-

MOND, Proceedings Biological Society of Washington, XVI, 1903, 125.

Common, according to Mr. Bacon, during all but the winter months,
and occasionally seen at that season also. It arrives very early in the
spring (February 22, 1894; February 28, 1893), and by the end of
April the nests usually contain eggs. It was numerous on March 21,
1g00, at the inception of our work, feeding about the shores and the
edge of the ice at the mouth of Mill Creek, much in the manner of the
Herring Gull. A large flock was observed west of the city the same
day. Although unquestionably breeding quite commonly on the
Peninsula, the only instance that came to our notice was that of a
nest found May g at the head of Yellow Bass Pond. In the fall it was
most abundant in October, and was noted up to November ro. It
was frequently found along the outside beach, feeding on living and
dead animal matter cast upon the shore. Mr. Bacon contributes the
following interesting observation on the feeding habits of this bird:
“¢ Once during the summer of 1886 I saw a Crow fly out of an evergreen

566 ANNALS OF THE CARNEGIE MUSEUM.

with his ‘hands full,’ so to speak. A shot induced him to drop his
burden, which proved to bea Flicker, just at its last gasp. Never
before or since have I caught a Crow in the act of killing a bird, and
the size of the bird attacked was doubly surprising.’’

136. Dolichonyx oryzivorus. Boso.ink«.

In the meadows of the mainland this species is a very common sum-
mer resident, the country being particularly adapted to its needs. Mr.
A. M. Howes has a set of four eggs collected near Erie in June, 1894.
In 1900 the first migrant of the season was seen May 7 (Bacon),
which is a fair average date of arrival. The species was observed on
the Peninsula but once in the spring—May 30, when a single male
was taken along the edge of Big Pond. In the fall migration a
flock of about thirty was noted September 8, in some weeds and
bushes at the mouth of Niagara Pond. Mr. Bacon says of it at this
season: ‘‘ They begin to flock early in August, and by the end of the
month they can be heard overhead every night on their way south-
ward. I have seen occasional flocks come into the wild rice in the
Peninsula ponds, but I think they do not remain here more than one
night. They never approach the Red-winged Blackbird in abundance,
straggling flocks of from twenty to forty birds being the rule.
September 24, 1897, I sawseveral hundred in a clover field. October
1, tgo1, I saw between two and three hundred in a stubble field west
of the city. The latter date is very close to the time of the final de-
parture of the species for the south.”’

137. Molothrus ater. Cowpsirp.

Common on the mainland as a summer resident from March (March
22, 1893, Bacon) through September (October 1, 1874, Sennett),
after which it isseldom seen. It often associates with the Red-winged
Blackbird. On the Peninsula it must evidently be quite uncommon,
as it certainly entirely escaped notice there in the season of Igoo.

138. Xanthocephalus xanthocephalus. YELLOW-HEADED BLACK-
BIRD.
An accidental visitant from the west. One specimen, a male, was
shot by Mr. Bacon August 22, 1896, on the Peninsula near ‘‘ Big
Bend.’’ It was alone.

139. Agelaius pheeniceus. RebD-wINGED BLACKBIRD.
A very common summer resident, to all appearances breeding quite
plentifully on the marshes of the Peninsula, where it was noted by the

Topp: Birps oF ERIE AND PRESQUE ISLE. 567

writer in June of 1897 and 1899, although no nests were found, either
then or in 1900. ‘‘The date of its arrival,’’ Mr. Bacon writes,
‘* varies considerably, depending as it does upon the general advance
of the season, and has been observed from March 7 (1902) to 30
(1893). In August and September this species resorts by thousands
to the Peninsula, going to the ponds containing wild rice late in the
afternoon, and starting back to the mainland soon after sunrise. Oc-
casional flocks remain in the ponds through the day, but the main
army make the trips to the grain fields and back again daily. In
making these trips they follow the neck of the Peninsula at its western
end, or else the breakwater pier at the eastern end, seldom crossing
the bay where it is of any considerable width. This bird is supposed
by most of the gunners to be the ‘reedbird’ of the game laws, and
many are slaughtered annually for food.’’ ‘Their flesh is said to be
very good. A curious albinescent specimen, showing the pattern of
the female in a bleached condition, was taken by Mr. Bacon Septem-
ber 19, 1902, and sent to the Carnegie Museum. November 12, 1900,
is the latest fall date upon which its presence has been recorded.

140. Sturnella magna. MEADOWLARK.

A summer resident, quite common in the meadows and cultivated
fields of the mainland, but naturally not found breeding on the Penin-
sula, where it was only detected occasionally during the fall migra-
tion, a few being seen in the sandy barrens bordering the outside
beach as late even as November 17, 1900. Mr. Bacon says that it is
seen occasionally through the winter months, as for instance on Jan-
uary I, 1902, although ordinarily it arrives from March 10 (1894,
1898) to 29 (1896, 1899), and remains until November 5 (1896) to
29 (1894).

141. Icterus spurius. ORCHARD ORIOLE.

This is given by Mr. Bacon as a regular but not common summer
resident, breeding in suitable situations. It was not met with in Igoo,
but a single individual was detected on the Peninsula June 17, 1897,
in open woodland. Mr. Sennett took one specimen May ro, 1875.

142. Icterus galbula. BALtimore ORIOLE.

Also a summer resident, much oftener seen and better known than
the last species, but hardly to be called more than tolerably common.
Its arrival occurs early in May (May 6, 1893, Bacon), in 1900 on
May 8, when individuals were observed among the shade trees of the

568 ANNALS OF THE CARNEGIE MUSEUM.

city as well as in the woodland on the Peninsula, and by the middle
of the month its normal summer abundance had been reached. It
was not observed by us in the fall, probably having passed south before
our observations at that season began. August 23, 1888, is the date
of a specimen in Mr. Sennett’s series.
143. Euphagus carolinus. Rusty BLACKBIRD. _
Scolecophagus carolinus, RIDGWAY, Proceedings United States National Museum,
VIII, 1885, 356. —A. O, U. Check-List, 1883, 253, and of most recent authors,
Luphagus carolinus, RICHMOND, Proceedings Biological Society of Washington,
XVI, 1903, 128.

A regular but not very common transient visitant, the bulk of the
flight passing through in April and October. Two specimens seen
and secured April 19, in an open grove east of the city, constituted
our only record for t900. Mr. Bacon’s recorded dates of arrival and
departure are April 6 (1900) and May 17 (1902) for the spring, and
September 27 (1893) and October 21 (1902) forthe fall. Mr. Simp-
son has observed it about the ponds of the Peninsula as late as No-
vember 18 (1902). ‘Its notes, which I have heard once or twice,
resemble those of the Bronzed Grackle, but are more subdued.’’
(Bacon).

144. Quiscalus quiscula eneus. BRONZED GRACKLE.

Common (on the mainland) as a summer resident from March
(March 11, 1902, Bacon; March 14, 1876, Sennett) to September,
seldom remaining in any numbers later in the season, although on
one occasion recorded by Mr. Bacon as late as November 24 (1888).
It is not known to breed on the Peninsula, where, indeed, it is seldom
seen at any time. One was shot near the shore of Misery Bay, April
Ir, 1goo. It does not approach the Red-winged Blackbird in abun-
dance, nor does it mix with that species to an appreciable extent.

145. Hesperiphona vespertina. EVENING GROSBEAK.

Dr. Warren speaks of having met with this species in Erie County
during the season of 1889—g0, when, as is well known, it appeared over
a vast territory far to the eastward of its usual range (Azrds of Penn-
sylvania, 1890, 225). Mr. Bacon says that during this incursion two
specimens were shot at Erie, and mounted by a local taxidermist.

146. Pinicola enucleator leucura. PINE GROSBEAK.

A rare and irregular winter visitant. In Mr. Sennett’s collection
there are two specimens, females, taken February 11, 1875. Mr.
Bacon includes the species in his list on the strength of a specimen

Topp: Birps or ERIE AND PRESQUE ISLE. 569

killed some twenty years ago (1882), one of a flock feeding on the
berries of the mountain-ash.

147. Carpodacus purpureus. PurpiLe Fincu. A regular transient
in spring and fall, breeding sparingly however. Mr. Bacon speaks of
having heard it in midsummer in a tract of evergreens, and Mr. Sen-
nett has young birds in his collection dated July 12, August 2, and
August 6, 1888. May and September seem to be the months when
it is most numerous, but it is not impossible that it occurs during
colder weather, or even in the winter. May 2 and September 19 were
the only occasions upon which it was detected on the Peninsula in 1goo.
[Loxta curvirostra minor. AMERICAN CROSSBILL,

This species doubtless occurs as an irregular winter visitant, and should have been
detected long since. ]

148. Loxia leucoptera. WHITE-WINGED CROSSBILL.

A winter visitant, rare and irregular. In the winter of 1874-75
there must have been somewhat of a flight here, as Mr. Sennett has
four specimens taken during that season: December 17, 1874, Jan-
uary 2 (two) and March 22, 1875. A more recent record refers to a
specimen secured alive on the Peninsula about October 20, 1903, by a
gunner, who at last accounts still had the bird in captivity, where it
appeared to be doing well.

149. Acanthis linaria. Reppott.

Another winter resident species, possibly of regular occurrence, al-
though it has been detected so far during two seasons only. ‘There are
seven specimens in Mr. Sennett’s collection, all taken in February,
1875 (February 4, 5, 24, 25 and 26). Mr. Bacon has met with the
species but once—March 31, 1893—when a smal] flock was seen on
the Peninsula, in the tops of some young poplars, and one specimen
was secured.

150. Acanthis linaria rostrata. GREATER REDPOLL.

Also a winter resident, a single specimen having been obtained by
Mr. Bacon from the flock of Redpolls seen March 31, 1893, as noted
above. Under the circumstances it would of course be impossible to
say in what proportion the two forms were. ‘The present record seems
to be the first for Pennsylvania.

151. Astragalinus tristis. AMERICAN GOLDFINCH.
A common species in the more open woodland areas, occurring —
save in the nesting season—in scattered flocks of greater or less extent.

570 ANNALS OF THE CARNEGIE MUSEUM.

It is a permanent resident throughout the year, but is less commonly
observed, however, in the winter.

152. Spinus pinus. Pine FINcH.

The Pine Finch is to be classed as a migrant or possibly a winter
resident, apparently not common. On May 24, 1900, a flock of
fifteen or twenty were met with in the scattered trees north of Misery
Bay, and two specimens were shot.

153. Passerina nivalis. Snow BunTING.

An abundant and regular winter resident, more numerous, however,
in late fall and early spring than in the depth of winter. They throng
the outside beach in flocks of from a few birds up to a hundred or
more, while stray individuals are occasionally found along the shore
of the bay. Sometimes they are found associated with Prairie Horned
Larks, but as a rule they keep separate. They usually keep close to
the edge of the water, and although not especially shy, are very rest-
less and erratic in their movements, flying in a jerky, hesitating fashion,
as if about to alight every instant. For a species of such cold weather
proclivities, the date of its arrival in 19g00—October 17— seems re-
markably early, yet by October 22 it was already recorded as common.
That this is not exceptional, however, is shown by Mr. Bacon’s
record of the same date in 1892, and of October 21 in 1go1, as the
time of the first fall appearance of the species in those years, while Dr.
Warren says that in 1889 one was shot as early as October 12 (Forest
and Stream, XXXIV, February 13, 1890, 64). He speaks also of
having seen a flock of two hundred and fifty or three hundred birds
near the Soldiers’ Home in November of the same year. Mr. Bacon
mentions that they are often seen on the fields of the mainland as well
as on the Peninsula during their sojourn, which lasts until sometime in
March.

154. Calcarius lapponicus. J.apLanD LONGSPUR.

Dr. Warren’s statement that this species is a tolerably common and
regular winter visitor about Lake Erie (Bzrds of Pennsylvania, 1890,
233) is not fully confirmed by the available evidence. Mr. Sennett
took at least three specimens on October 3, 1889 (see Warren, forest
and Stream, XXXIV, February 13, 1890, 64), and two on March
25, 1875, these two dates being respectively the earliest for the fall
and latest for the spring. Mr. Bacon first detected it on March 3,
1894, when a flock of a half dozen was seen and one specimen

Topp: Brrps OF ERIE AND PRESQUE ISLE. 571

secured. No more were met with until February 28, 1902, when
a few were found in a field west of the city, and two specimens taken
the following day. Again, in 1903, on March 11 and 13, still others
were found, and on this occasion five specimens were taken. Two
examples were secured on March 8, 1904. ‘‘ They seem to be much
wilder and more difficult to procure than the Snow Buntings, with
which they often associate.’’ Future research may show that this
bird occurs regularly every season, but the above are all the known
records. Doubtless it is found also through the months intervening
between October and March.

155. Pooecetes gramineus. VeESPER SPARROW; Grass FINCH.

‘¢A summer resident, common, arriving the latter part of March
(March 31, 1893), and soon becoming numerous. Nests have been
found as early as May 7 (1893), and as late as July 2 (1892), in the
latter case possibly a second nesting.’’ (Bacon.) It was observed on
the sandy barrens of the Peninsula on April 18, 1900, in straggling
flocks, reminding one of those of the Slate-colored Snowbird in their
behavior. In the fall the last bird was noted October 27.

156. Passerculus sandwichensis savanna. SAVANNA SPARROW.
Possibly a summer resident on the mainland, and so given by Dr.
Warren on Mr. Sennett’s authority (Bz7rds of Pennsylvania, 1890, 234),
but the exact locality is indeterminate. The only specimen in Mr.
Sennett’s collection is dated September 12, 1875, and by all other
observers it has been noted only as an uncommon transient in the
autumnal migration. The writer shot a specimen on the breakwater
August 30, 1893, and Mr. Bacon took specimens on September 16 and
30 of the same year. In the season of 1900 it was noted on September
6, 14, and 15, specimens being secured on each occasion. ‘The sand-
barrens along the outside beach were its chosen haunts at this season.

157. Coturniculus savannarum passerinus. YELLOW-WINGED SPAR-

ROW.

In a section such as this, so well adapted to its needs, the present
species would be expected as a common summer resident, frequenting
the open country of the lake shore plain. It is mentioned as breeding
by Mr. Sennett (4vk, VI, 1889, 198) in such a way as to leave
the inference that the circumstance deserves special remark, and,
indeed, it is given as a rare breeder in this section on the authority
of the same observer (Warren, Birds of Pennsylvania, 1890, 235).

572 ANNALS OF THE CARNEGIE MUSEUM.

It came under our notice but once, May 28, 1900, when one was
seen in a meadow near the ‘‘ Head.’’ Mr. Sennett has two speci-
mens, taken August 7, 1888.
[ Ammodramus henslowit, AHENSLOW’S SPARROW.

Careful search was made for this sparrow on the Peninsula, which abounds with
spots suited to the bird’s needs, but without success, and it remains one of the spe-
cies yet to be detected. ]

158. Ammodramus nelsoni. NELSON’s SHARP-TAILED SPARROW.

This little-known sparrow was added to the avifauna of Pennsylvania
on September 23, 1893, when a single bird was taken at the mouth
of Mill Creek by Mr. Bacon. This remained the only record up to
the season of 1900, when our field work showed it to be a rare
spring but quite common fall transient visitant on the Peninsula. <A
single: specimen taken in Niagara Pond May 24 was the only spring
record. In the fall it was first certainly identified September 13, and
was probably seen several days previous to that date, while there are
no records later than October 6. Although found about nearly all of
the ponds, Niagara and Big Ponds were its favorite resorts. The
birds were wont to frequent the thin growth of rushes along the
water’s edge, where they would run and skulk and hide with the
utmost dexterity, flushing only when closely pressed, and soon drop-
ping down again, sometimes flying back to the growth of weeds and
bushes adjoining. In such cases they were usually easily secured by
noting where they alighted and ‘‘squeaking’’ them up into sight.
While there is no reason apparent why this species should not pass the
summer here, it is unlikely that it does so, judging from our present
knowledge of its distribution at that season, from which it appears to
be extremely local.
[ Chondestes grammacus. LARK SPARROW.

The eastward extension of the range of this species along the lake shore plain from

Ohio to Pennsylvania may reasonably be expected. It has been found breeding at
Oberlin, Ohio (McCormick, dws, IX, 1892, 397). ]

159. Zonotrichia leucophrys. WHITE-CROWNED SPARROW.

A tolerably common spring and fall transient. May 1, 1894, is
the earliest available date in the spring, while a specimen secured
May 17, 1900, constitutes the latest date, as well as the only occur-
rence observed by us at that season. ‘The first was seen in the fall
September .19, and the migration lasted about two weeks, or until
October 3. At this time it was fond of tracts of bushes and shrub-

—_

Topp: Brirps OF ERIE AND PRESQUE ISLE. 573

bery in the more open situations, and was particularly numerous in
some such growth north of Horseshoe Pond.

160. Zonotrichia albicollis. WHiTe-rTHROATED SPARROW.

Like the last a transient visitant, but much more numerous, being
fairly common in the spring and abundant in the fall. At the former
season it was first observed April 18 in rg00, reaching its maximum
abundance May 2, and disappearing May 10. May 13, 1892, and
May 15, 1875, are the latest spring records given by Messrs. Bacon
and Sennett respectively. On its return the first record was for
September 15, and the last for October 29, its stay being thus about
six weeks, for much of which period it was one of the most abundant
of the smaller land-birds, swarming everywhere in suitable covert, as
for instance all along the board-walk. October 28, 1888, is the date
of a late fall migrant in Mr. Sennett’s collection.

161. Spizella monticola, TREE SpaRRow.

Abundant as a winter resident, probably more numerous, on the
whole, than any other native bird at that season, haunting the many
and extensive tracts of shrubbery, bushes, and weeds on the Peninsula,
and found usually in straggling flocks of greater or less extent, often
associated with other species of kindred haunts and habits, as the
Slate-colored Snowbird for instance. None were noticed later in the
spring of tg00 than April 18, while the first fall record fell on No-
vember 5, although the real arrival was probably earlier by a week or
more, as indicated by a specimen in Mr. Sennett’s collection taken
October 26,1889. An interesting albino was shot April 16, 1900: it
was a dirty white color, shaded with light russet brown on the wings,
tail, and back, the whole plumage being much worn.

162. Spizella socialis. CHIPPING SPARROW.

A very common summer resident in the cultivated grounds of the
mainland, but not observed as such on the Peninsula, where it was
noted in the fall migration only, in September and early October.
April 3, 1892, is Mr. Bacon’s earliest recorded spring appearance, and
October 27, 1888, is the latest fall record afforded by Mr. Sennett’s
collection. On May 30, 1888, Mr. Bacon found three nests of this
species built on the ground ( Oé/ogis¢, Albion, N. Y., VI, 1889, 134).
‘« They were all in orchards, in long grass.’’

574 ANNALS OF THE CARNEGIE MUSEUM.

163. Spizella pusilla. FIELD Sparrow.

Also a summer resident, which, like a number of other species, is
far more numerous on the mainland than on the Peninsula during the
nesting season. It was quite common and in full song on the sand-
barrens of the Peninsula on April 18, 1900, and doubtless arrived
considerably earlier. Here, too, it was rather numerous during the
fall migration, in October, the last being seen October 26.

164. Junco hyemalis. SLATE-COLORED SNOWBIRD.

This is perhaps best classed as a winter resident, although it is com-
.paratively seldom seen in the depth of winter, seeming to retire
farther south at that season. It is very abundant in the spring and
fall migrations, particularly on the Peninsula, the locality being well
adapted to its needs. It is found usually in straggling companies in
the waste tracts, or on the edges of shrubbery and woodland, asso-
ciated with Tree Sparrows, Golden-crowned Kinglets, Black-capped
Chickadees, and others. In the spring of 1900 the last was observed
May 5, and on its return the first was noted September 19, although
it was scarcely common until the first week in October. However,
its numbers during this latter month varied considerably from day to
day, the fluctuations perhaps being due to migratory movements. In
the spring of 1903 the last was noted May 7 (Bacon).

165. Melospiza cinerea melodia. Sonc Sparrow.

This familiar species is abundant on both the Peninsula and main-
land, wherever there is suitable covert. An occasional bird may be
seen through the cold season, so that no doubt a few winter regularly,
but the bulk of the species is made up of summer residents only, com-
ing north some time in March, when they are in full song. A nest
with five eggs was found early in May, 1goo, placed on the ground in
the marsh at the mouth of Mill Creek.

[ Aelospiza lincolniz. LINCOLN’S SPARROW.

Little can be said of this species as a Pennsylvania bird. It is of such a retiring
disposition, and passes through in spring and fall so quickly and quietly, that it is
easily overlooked. It doubtless occurs here as a transient. |

166. Melospiza georgiana. Swamp SPARROW.

This sparrow is a common and characteristic species of the marshes
on the Peninsula, where it occurs as a summer resident, haunting the
thick bushes near the margins of the ponds, and the growth of flags
and cat-tails in moist places, where it generally keeps well hidden.

Topp: Birps or ERIE AND PRESQUE ISLE. 575

April 24 was the day of its recorded arrival in 1900, when it was
already common and in full song. Through September it was very
numerous, and the last was noted October 6. Additional dates of in-
terest relating to its migration are April 20, 1902 (Bacon), and Oc-
tober 6, 1888 (Sennett).

167. Passerella iliaca. Fox Sparrow.

A rather uncommon transient visitant, inhabiting the densest shrub-
bery and tangle, usually with other small birds of kindred tastes, and
very retiring in its disposition. The only spring records in 1900 are
of single specimens secured respectively on April 13 and 18. Mr.
Bacon has noted it on the following dates: April 18, 1893, April
11, 1895, and April 25, 1901 —the last being the latest spring record,
while a specimen in Mr. Sennett’s collection marked April 4, 1874,
is the earliest date for that season. In the fall of 1900 October 5 and
November 5 were extreme dates. Mr. Simpson reports a specimen
taken as late as November 12 in 1903.

168. Pipilo erythrophthalmus, ‘TowHeEr.

A summer resident, apparently only tolerably common during the
breeding season — at least on the Peninsula — but much more numer-
ous during the migration, frequenting the woodland thickets. ‘‘ March
10, 1894, I saw a pair, which date I consider very early. A more
usual date of arrival is March 31, 1899.’’ (Bacon.) In rgo0o none
were noted until April 18, when it was present in some numbers. In
the fall the last was noted October 11.

169. Cardinalis cardinalis. CarpiINaL GROSBEAK.

A rare species so far north. Mr. Bacon is the only observer who
has met with it here. ‘‘A single pair of this species is all that I have
seen or heard. ‘This pair raised a brood of young in the summer of
1892, ina thicket bordering the lake bluff, about five miles west of
Erie. On August 18 I was shown the nest, containing at that time
three young birds, and both parents were seen in the trees near by.”’
It would be interesting to know where these particular birds spent the
winter.

170. Zamelodia ludoviciana. Rosr-BREASTED GROSBEAK.

A summer resident, not very common, at least on the Peninsula,
where, in 1900, it was first observed May ro in the spring, and last
on September 19 in the fall. Mr. Bacon thinks it is more common
away from the lake. May 4, 1892, is his earliest date. The latest

576 ANNALS OF THE CARNEGIE MUSEUM.

record is furnished by a specimen in Mr. Sennett’s collection, labeled
September 21, 1889.
171. Cyanospiza cyanea. INpIGO BUNTING.

Of regular occurrence as a summer resident, although not common.
May 9 was the date of its appearance in 1894 (Bacon). © Curiously
enough, we did not meet with this species on the Peninsula in 1900,
although the locality seems an ideal one for its presence.

172. Spiza americana. BLACK-THROATED BUNTING.

This species is admitted to the list on the strength of the following
note, contributed by Mr. Bacon: ‘‘ On several occasions I have seen
and heard a bird that I have identified as this species, which is there-
fore to be counted a rare summer resident. June 9, 1895, I saw one
singing and heard two others.’’

173. Piranga erythromelas. ScaRLET TANAGER.

Tolerably common as a summer resident, frequenting the wooded
portions of the Peninsula and mainland. It arrived May 8 in Igoo,
and reached the height of its abundance May 20. In the fall the last
(and only one) was seen September 26. ‘These dates are probably a
fair average index of the arrival and departure of the species. Several
nests have been found by Mr. A. M. Howes in the woodland along
the bluff facing the lake, west of the city. In every case they were
built on the horizontal branches of hemlock trees in deep woods, and
May 30 usually found the sets complete.

174. Progne subis. PuRPLE MARTIN.

‘¢ A summer resident, nesting commonly in the city limits in boxes
provided for the purpose. Observed dates of first appearance are
April 15, 1892, and April 13, 1893.’’ -CBacon.)—It_is seldom seen
on the Peninsula. A female was taken there May 29, 1900, and in
the fall migraticn two birds were observed August 24.

175. Petrochelidon lunifrons. Ciirr SwaLiLow.

In suitable situations on the mainland this species is a rather common
summer resident, but on the Peninsula it occurs only during the mi-
grations. It was quite numerous in the vicinity of Big Pond on April
24 and 25, 1900, in company with other swallows. In 1902 Mr.
Simpson noted it first on April 26.

176. Hirundo erythrogaster. Barn SwALtLow.

Like the last a common summer resident on the mainland, but found

on the Peninsula only during the spring and fall migrations. Mr.

Topp: Brrps oF ERIE AND PRESQUE ISLE. 577

Simpson reported it in 1902 on April 26. In the spring of 1900 it
was first noted April 25, as a prominent component of a considerable
flock of swallows observed near Big Pond. In the fall August 24
and 25 were days of considerable movement, and it was recorded
thereafter at intervals until as late as September 18. An immature
specimen taken by Mr. Bacon July 25, 1895 (now in the National
Museum, Biological Survey Collection), is an almost perfect albino,
showing on the upper parts merely a light wash of rusty.

177. Iridoprocne bicolor. WHITE-BELLIED SWALLOW.

This hardy swallow was the first to put in an appearance in the spring
of 1900, arriving as early as April 9, and soon becoming numerous,
frequenting the bay and ponds in search of its insect prey. Usually
several birds were observed together, and on April 24 and 25 a con-
siderable number were found flocking in the vicinity of Big Pond,
accompanied by three other species of swallows. While it is quite
probable that this species’ breeds on the Peninsula occasionally, the
evidence is inconclusive. It was noted as late as May 19, however,
and was present in the fall movement August 21, although the last
individual of the season was not observed until September 21, a month
later. Conclusive evidence of the nesting of the present species in
this locality is afforded by Mr. A. M. Howes, who states that on June
7, 1893, he took seven eggs from a bird-box in the rear of his home
in the city. Three birds were seen, and from the fact that on two
consecutive days two eggs were laid he thinks that the male must have
been a bigamist.

178. Riparia riparia. Bank SwALLow.

A common summer resident, very plentiful in certain favorable local-
ities. It was first noted in the spring of 1900 on April 25, as the least
numerous of the flock of swallows seen near Big Pond on that day. On
May 28 a nesting colony on the mainland a few miles west of the city
was visited, where perhaps five hundred pairs were breeding. ‘Their
burrows were excavated in the sandy banks of a deep ravine leading to
the lake shore, usually near the top, and in certain favorable spots the
face of the bluff was very thickly punctured indeed, while the birds com-
ing and going and hovering in the air were a pretty sight. Apparently
no eggs were laid at this time, although no nests were actually exam-
ined. Some of the birds were seen carrying in nesting material, how-
ever. Asa rule the birds entered their holes in pairs, but in more

578 ANNALS OF THE CARNEGIE MUSEUM.

than one case three individuals were seen to enter the same opening
in rapid succession. Of ten specimens shot indiscriminately all but
one proved to be males. Mr. Simpson’s first record for this swallow
in 1902 was for April 26.

179. Stelgidopteryx serripennis, RouGH-wINGED SWALLow.

According to Mr. Simpson, some were seen with other swallows
during the storm of April 26, 1902. Whether these birds were blown
out of their course, or whether the species is an occasional summer
resident here can only be conjectured.

[Ampelis garrulus. NORTHERN WAXWING.

Here, if anywhere in the State, should this species be detected as a casual winter
visitant. ]

180. Ampelis cedrorum. CEDAR WAXWING.

A permanent resident the year round, nesting in every orchard.
When seen in winter it is in good-sized flocks, haunting mountain-ash
trees. Such flocks have been rather rare, ,;however, Mr. Bacon adds,
in the last five years. On the Peninsula it is quite numerous, and is
often seen about wild cherry trees in the fall months.

181. Lanius borealis, NORTHERN SHRIKE.

‘* A winter resident, but more apt to be met with in late fall and
early spring than through the colder months. I scarcely ever see
more than a half dozen in any one year. It has been recorded upon
the following dates in winter: February 5, 1888; December 24,
1893; January 21, 1894. September 21, 1892, is my earliest fall
record, and March 18, 1893, the latest date in spring.’’ (Bacon.)
182. Lanius ludovicianus migrans. MIGRANT SHRIKE.

Lantus ludovicianus migrans, WM. PALMER, Auk, XV, 1898, 248.

One of the characteristic birds of this region, where it is a common
summer resident on the mainland, and occasional during migrations on
the Peninsula, where, in 1goo, it was first seen April 3, while single
birds, presumably of this species, were noted October 13, 17, and 18.
Mr. Bacon says that it starts nest-building immediately upon its
arrival, and that he has found the eggs as early as April 15 (1890).
Mr. A. M. Howes reports having secured three sets of six eggs each
on April 21, 1900. Dr. Warren gives a detailed account (zrds of
Pennsylvania, 1890, 261-262) of the nesting of this species here as
observed by Mr. Sennett and himself on May 20 and 21, 1889, at
which date most of the nests contained young. ‘The nests are almost
invariably built in thorn or wild crab-apple trees in more or less open

Topp: Birps oF ERIE AND PRESQUE ISLE. 579

situations. The following note on the feeding habits of this species
is contributed by Mr. Bacon: ‘In the summer of 1886 I saw one of
these shrikes kill a Yellow Warbler, and on May to, 1891, I sawa
White-throated Sparrow impaled on a thorn, with a shrike perched
near by, so that it would seem that occasionally this species preys
upon small birds as does the Northern Shrike.’’

183. Vireo olivaceus. Rrb-EYED VIREO.

Very abundant as a summer resident, more numerous, indeed, than
ever observed elsewhere by the writer, and perhaps the most common
and generally distributed small bird on the Peninsula, frequenting the
woodland and shrubbery. It was first recorded in rgoo on May 12,
becoming common a few days later, and not disappearing until Sep-
tember 27. Many old nests were observed. Mr. Bacon says it often
nests in the shade trees in the city.

184. Vireo philadelphicus. PHILADELPHIA VIREO.

Fairly numerous as a transient visitant in spring and fall, having
been observed in the former season, in 1goo, at dates ranging from
May 14 to 23, and in the latter from September 6 to 25. Its favorite
haunts were bushes and shrubbery, where its deliberate motions dis-
tinguished it from the warblers, with which it was wont to associate,
and its brighter colors and smaller size from the more common Red-
eyed Vireo. It could be approached very closely, manifesting no fear.
Its song was not heard.

185. Vireo gilvus. WARBLING VIREO.

Probably occurs as a summer resident on the mainland, perhaps
nesting in the shade treesin the city, where it was noted on May 12,
1900. It was observed on the Peninsula in the fall only, on Septem-
ber rand 12. Mr. Sennett has a specimen taken as late as September
21 (1888).

186. Vireo flavifrons. YELLOW-THROATED VIREO.

Doubtless a summer resident, but not very common. One shot
May 4 was the first of the season in rgoo, and the only one observed
by us on the Peninsula. On May 28 a number were seen in a strip of
woods along the lake shore near the ‘‘ Head,’’ where they were appar-
ently settled for the season. In 1892 Mr. Bacon noted two specimens
on May 1.

580 ANNALS OF THE CARNEGIE MUSEUM.

187. Vireo solitarius. BLUE-HEADED VIREO.

A transient visitant, not common. In i1goo it was detected only
in the fall migration. | One was taken in shrubbery along the board-
walk September 27, and another was seen in a similar situation
October 1. Mr. Simpson reports having met with it on April 26,
1902.

[ Vireo noveboracensis. \WHITE-EYED VIREv.

This vireo is exceedingly rare throughout western Pennsylvania. The writer has
never met with it anywhere in this section, but it is as apt to occur at Erie as else-
where in the region. It is said to be fairly common at Jefferson, Ashtabula County,
Ohio (Jones, Bzrds of Ohio, 1903, 171). ]

188. Mniotilta varia. Biack AND WHITE WARBLER.

Although not actually observed during the breeding season proper,
there can be no doubt that this species is a summer resident, not,
however, very common. In 1900 it was noted first on April 28, and
the last was recorded September 21. Mr. Bacon has taken specimens
on May 1, 1892 and 1894, and Mr. Simpson shot one April 26, rgo2.
[Helminthophila pinus, BLUE-WINGED YELLOW WARBLER.

Dr. Warren speaks of having met with this warbler in summer in Erie County
(Birds of Pennsylvania, 1890, 276), but the exact locality is not stated,'and the
record cannot therefore be used. Moreover, in the absence of specimens it would
seem as if the record were open to doubt. Thisis one of the very rarest warblers in
western Pennsylvania, and that it should breed so far north as Erie County seems
highly improbable.

Hlelminthophila chrysoptera. BLUE GOLDEN-WINGED WARBLER.

It was surprising not to meet with this warbler at Erie, in view of its comparative
abundance in the western part of the State in general. Doubtless future observations
will discover its presence, ]

189. Helminthophila rubricapilla. NasHviLLeE WARBLER.

A transient visitant, possibly not uncommon, although it has been
definitely recorded but twice. Mr. Bacon secured two specimens
May 9, 1892, and Mr. Simpson shot one along the board-walk Sep-
temiber.27,, 1602.

190. Helminthophila celata. ORANGE-CROWNED WARBLER.

One of the surprises connected with the work in this locality during
1900 was the discovery of this species—not an isolated record, as is
usually the case in the Eastern United States, but several occurrences,
seeming to indicate that it is a regular although uncommon fall migrant.
It was first brought to light by Mr. Simpson, who secured a specimen
near Big Pond on September 15. On October 6 one was observed

Topp: Brrps OF ERIE AND PRESQUE ISLE. 581

just east of Niagara Pond, which eluded capture, but later in the day
a fine adult was seen and shot along the board-walk. It was skipping
about in the tops of the bushes, very active in its movements, and
easily distinguishable from the hordes of Yellow-rumped Warblers
that were migrating at the same time. Another was observed Octo-
ber 8, and two more, one of which was taken, on October 10. If it
be permissible to draw a conclusion from such meagre data, it would
seem that the present species is one of the later migrants among the
warblers.

199. Helminthophila peregrina. TENNESSEE WARBLER.

Recorded as a rather uncommon migrant in the spring of 1900,
when it was observed on May 21, 22, and 23, one or two individuals
on each day. It kept high up in the terminal foliage of the trees in
woodland, where, being so deliberate in its movements, it was difficult
to discern, although its song, so penetrating and distinctive, was invaria-
bly a sure clue to its presence.

192. Compsothlypis americana. ParuLA WARBLER.

Probably a summer resident species. In 1900 it was first observed
at the surprisingly early date of April 19, when a single bird was
taken on the wooded ridge southeast of the city, accompanied by
chickadees, nuthatches, kinglets, and the like. No others were
seen until April 30, while by May 4 it was recorded as rather com-
mon on the Peninsula. May 28 it was found in a tract of hemlocks
along the lake front a few miles west of the city, seemingly settled for
the season, and, indeed, there is no reason why it should not be a
regular summer resident in such places, here as farther south. ‘The
time of its departure is indicated by a specimen in Mr. Sennett’s col-
lection bearing date of October 3, 1875. Mr. Bacon notes two speci-
mens taken May 2, 1891. ‘The two examples secured by us (April
19g and 30), although doubtless transient individuals, are considered
by Mr. Harry C. Oberholser to be indistinguishable from the true
Compsothlypis americana.

193. Dendroica tigrina. Cape May WARBLER.

Occurs as a rare spring and fall transient visitant. Two specimens
were secured, both in shrubbery north of Misery Bay, a female May
16, and a male September 12. Mr. Simpson took a female along the
board-walk September 27, 1902. There are also two specimens in
Mr. Sennett’s collection, a male labeled May 13, 1890, and an im-

mature male September 22, 1888.
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582 ANNALS OF THE CARNEGIE MUSEUM.

194. Dendroica estiva. YELLoOw WARBLER.

Abundant as a summer resident, especially on the Peninsula, find-
ing congenial haunts in the many tracts of bushes and low shrubbery.
Mr. Simpson noted it in 1902 on April 26, but in 1g00 the first was
observed April 30, and the next day it was common and musical.
Several nests were found the latter part of May, some containing eggs.
It was last seen August 31, being thus among the earliest species to
leave for the south.

195. Dendroica cerulescens. BLACK-THROATED BLUE WARBLER.

A spring and fall migrant, not very common, frequenting the
shrubby and wooded growths on the Peninsula, doubtless on the main-
land also. ‘The first came May 7 in 1goo, and it was seen at inter-
vals up to May 18. In the fall its migration was not so hurried, as it
extended from September 6 up to as late as October 2. It was if any-
thing more numerous at the latterseason. Mr. Bacon’s earliest spring
note is May 7 (1893) —the same as our own — while Mr. Sennett’s
collection contains specimens taken as late in the month as May 18
(1889) and 20 (1875). The second and third week in May include

practically all the available spring records.
4%

196. Dendroica coronata. YeLLOW-RUMPED WARBLER.

A common winter resident and abundant transient. We were some-
what surprised to meet with this warbler in considerable numbers at
the commencement of our work (March 21), associated with Black-
capped Chickadees and Golden-crowned Kinglets, haunting the
growth of pines and shrubbery near the north lighthouse, where there
was shelter from the wind. They proved unusually shy and difficult
to obtain, but such specimens as were secured were just entering upon
the prenuptial moult, and their fat was of a peculiar consistence, evi-
dently derived from the wax of the bayberry (JZrica Carolinensts),
which abounded in the locality, and upon which the birds were doubt-
less subsisting. There can be no reasonable doubt that they pass the
entire winter here, where there is such protection from the weather
and such a plentiful supply of food. The influx of transient individ-
uals from the south did not begin until about April 28, and the bulk
passed through the first week in May, when they were the most
numerous of the non-breeding warblers. None were seen after May
15. In the fall they reappeared September 18, becoming common in
about a week, thronging the shrubbery and bushes, and outnumbering

Topp: Brirps or ERIE AND PRESQUE ISLE. 583

every other warbler, even the Black-poll. This migration came to
an end in October, when the species was left in its normal numbers
for the winter, being recorded up to November 17. Additional
migration dates culled from specimens in Mr. Sennett’s collection are
May 14, 1875, and September 20, 1888.

197. Dendroica maculosa. BLack AND YELLOW WARBLER.

Presumably a summer resident, if not on the Peninsula, then in the
hemlock woods of the lake shore bluff, where the conditions are seem-
ingly favorable. However, it has been detected only during the
migrations, spring and fall, having been rather more numerous at the
latter season in 1900. May 15 was the apparent date of its vernal
arrival, and none were seen later than May 25. May 8, 1875, is the
date of an example in Mr. Sennett’s collection. In the fall it was
observed as early as August 30, soon reaching the height of its abund-
ance, and lingering until October 1. It isan inhabitant of the wood-
land and shrubbery during its stay.

[ Dendroica cerulea. CERULEAN WARBLER.

This species may occur at Erie, as it has been found both to the west and east, in
Ohio and New York (compare Jones, Birds of Ohio, 1903, 180-181, and Davison,
Auk, V, 1888, 430). Farther south in Pennsylvania it is a common summer resi-
dent (Todd, Auk, VIII, 1891, 238). ]

198. Dendroica pensylvanica. CHESTNUT-SIDED WARBLER.

A summer resident species, moderately common on the Peninsula
in the scrub growth to which it isso partial in the breeding season.
It was first observed in 1900 on May 12, and noted at frequent inter-
vals during the remainder of the month. In the fall, however, it was
recorded but once, an immature example having been taken on Sep-
tember 14. It was observed also in June, 1897. Following are some
of Mr. Bacon’s dates for the migration of this species: May 12, 1891,
May 14, 1892, May 13, 1893. Mr. Simpson saw one as early, how-
ever, as April 26, Igo2.

199. Dendroica castanea. Bay-BREASTED WARBLER.

One of the rarer migrants, detected in 1900 in the spring only,
single specimens having been taken on May 14, 18, and 21, all in the
wooded growth north of Misery Bay.

200. Dendroica striata. BLAck-poLL WARBLER.

Occurs as a transient visitant, common in the spring, more abundant
in the fall. At the former season it is among the last of the warblers
to migrate, not appearing (in 1900) until May 14, while it was still

584 ANNALS OF THE CARNEGIE MUSEUM.

present on May 31, when our spring observations were concluded. It
reappeared August 30, and doubtless remained well through October,
although on this point data are unfortunately lacking. For a time at
this season it was the most numerous of the warblers, but later was
perhaps exceeded in number by the Yellow-rumped Warbler. Mr.
Sennett’s collection contains one specimen taken October 11, 1878;
doubtless, however, the species often remains somewhat later in the
fall.

2o1. Dendroica blackburnia. BLACKBURNIAN WARBLER.

This dainty warbler occurs in moderate numbers during the migra-
tions in spring and fall, being perhaps most numerous at the former
season in 1900, when it arrived May 7, and was seen at intervals up
to May 22. In the autumnal movement it was the earliest warbler
to appear, coming August 21, and being noted several times thereafter
until the end of that month, while the last was observed as late as Oc-
tober 2. It is more partial to high woods than some of the other
warblers, rarely descending close to the ground. May ro, 1875, is
the date of a specimen in Mr. Sennett’s collection.

202. Dendroica virens. BLACK-THROATED GREEN WARBLER.

Probably breeds in the coniferous woods of both the Peninsula and
the mainland, as is the case farther south, but all our notes seem to
refer to transient individuals. It was recorded at the remarkably early
date of April 19, when a single one was seen and secured on the
wooded ridge southeast of the city, ina flight of Black-capped Chicka-
dees, Golden-crowned Kinglets, Snowbirds, and the like. It was not
again observed until April 30, but was seen subsequently at intervals,
the last on May 2r. In the autumnal migration the first record re-
ferred toa bird picked up August 24 on the outside beach, perhaps
exhausted and drowned in attempting to cross the lake. September
14 the next was seen, and the last not until October 8. Mr. Simpson
notes that a few came in on April 26, 1902, with the big storm.
Other dates are May 21, 1894 (Bacon); May g, 20, and September
16, 1875 (Sennett).
[Dendroica kirtlandit. KIRTLAND’S WARBLER.

One of the very rarest of the warblers, which should, however, occur at Erie, if
anywhere in Pennsylvania. Cleveland, Ohio, is the type locality, and there are num-

erous Ohio and Michigan records. It has within the last year been found breeding
in northern Michigan. (See Wood, Bulletin Michigan Ornithological Club, V,

1904, 3-13.) ]

Topp: Brrps oF ERIE AND PRESQUE ISLE. DSD

203. Dendroica vigorsii, Pine WARBLER.

**Mr. Sennett has observed this bird in the Crawford-Erie district
only as a spring and fall migrant.’’ (Warren, Sirds of Pennsylvania,
1890, 291.) This statement is borne out by two specific records.
Mr. Bacon shot one specimen April 28, 1892, and on April 24, 1g00,
we secured a single bird in the high woods north of Long Pond. It
seems to be rare everywhere in western Pennsylvania where there are
no tracts of its favorite red or yellow pines.

204. Dendroica palmarum. Partm WARBLER.

Rather common on the Peninsula in rgoo as a spring and fall tran-
sient, frequenting the shrubbery, low bushes in open places, and even
the margins of the ponds, strikingly resembling certain species of
sparrows in its habits. It came on April 30, was common for a few
days only, and disappeared May 7. In the fall migration it was
present fora much longer period — September 4 to October 4, and
possibly still later. Mr. Bacon observed it in 1891 from May 1 to
12, and two specimens dated September 30, 1888, are in Mr. Sen-
nett’s series.

[ Dendroica discolor. PRAIRIE WARBLER.

‘*In Erie and Crawford Counties Mr. Sennett has found the Prairie Warbler as a
rare spring and autumnal visitor.’’ (Warren, Birds of Pennsylvania, 1890, 293).
This statement, although in all probability true, is too indeterminate as to the exact
locality to be admitted here, especially as it is unsupported by specimens, Dr. Kirt-
land states that this species breeds regularly in the vicinity of Cleveland ( American
Journal Science and Arts, Second Series, XIII, 1852, 218), and Audubon gives Lake
Erie as its northern limit in the interior ( Ornithological Biography, 11, 1834, 68).
It is a rare species in western Pennsylvania. ]

205. Seiurus aurocapillus. GoLDEN-CROWNED THRUSH.

A summer resident in this general region, but strangely enough not
recorded as such on the Peninsula, where it was met with on but two
occasions in 1900, May 14 and October 4, a single bird in each case.
Mr. Simpson saw two individuals here on April 26, 1902. Mr. Bacon
gives it as taken on May 1, 1894, May 4, 1892, and September 15,
1891.

206. Seiurus noveboracensis. WATER-THRUSH.

The arrival of this species was noted in 1900 on May 8, one being
seen at the mouth of Mill Creek. A few days later it was observed on
the Peninsula, in the dense growth of bushes at the lower end of Ridge
Pond, where a specimen was taken May 17. Although at least one

586 ANNALS OF THE CARNEGIE MUSEUM.

pair seemed to be settled here for the season, the species is known to
migrate so late that further data are requisite to decide its exact sea-
sonal status. In the fall it was observed by us on August 22 and 23,
and Mr. Simpson reported it in September, as well as in September
of 1902. Mr. Bacon’s only specimen was taken May 11, 1894.

207. Geothlypis agilis, CoNnNecricur WARBLER.

One of the rare transient visitants, bringing up the rear of the
warbler migration in the spring. A bird believed to have been of
this species was heard singing in thick undergrowth May 22, 1900,
but eluded capture. A specimen was taken in some low brush along
the marsh near the western end of the bay on May 25, its song having
first attracted attention. May 29 a third individual was met with ina
dense growth of bushes along the board-walk, but successfully evaded
an attempt at capture which lasted almost two hours, keeping so well
concealed that we got but one or two glimpses of it, although within
only a few feet, as evidenced by its singing. The song of this warbler
is quite loud and clear, and bears a striking resemblance to those of
the Mourning and Kentucky Warblers, but has a peculiar explosive
quality heard to some extent in the notes of the Canadian Warbler and
Water-thrush. It is susceptible of three or four variations, but per-
fectly distinctive. There are two fall records: a specimen taken at
the head of Niagara Pond September 21, and asingle bird noted in the
bushes along Ridge Pond September 24. Dr. Warren speaks of
having taken the species here in September, and that Mr. Sennett
considers it an uncommon migrant (4irds of Pennsylvania, 1890,

297).

208. Geothlypis philadelphia. Mourninc WARBLER.

Occurs as a rare migrant, detected in the spring only. One was
noted in the thick woods west of Graveyard Pond on May 22, Igoo,
but eluded capture. Mr. Sennett’s collection contains one female,
shot on the Peninsula June 4, 1875—a late spring record.

209. Geothlypis trichas brachidactyla. NoRTHERN YELLOW-THROAT.

An abundant summer resident on the Peninsula, where it is a char-
acteristic inhabitant of the bushes and shrubbery surrounding the
ponds, and it is noted also on the mainland. May 4 was the date of
its vernal appearance in 1900, and by May 14 it had become common.
It was particularly numerous and conspicuous in the fall, in August
and September, leaving by September 27, although a single stray

Topp: Brrps oF Err AND PRESQUE ISLE. 587

specimen was taken as late as October 13. Other late fall records are
October 1, 1875 (Sennett), and September 27, 1902 (Simpson).
In 1893 Mr. Bacon saw it first on May 6, and on June 8, 1892, he
found a nest with four eggs.

210. Icteria virens. YELLOW-BREASTED CHAT.

Audubon, who landed at Presque Isle late in August, 1824, ( Ornr-
thological Biography, 1, 1831, 182-185), is responsible for the first
record of the Yellow-breasted Chat at this locality, as he says that it
extends ‘‘as far as the borders of Lake Erie in Pennsylvania’’ (7d2d.,
II, 1834, 223). Although not a few of Audubon’s statements have
never been confirmed, and some of them are certainly errors, in the
present case the correctness of his observations has been demonstrated
after a lapse of seventy-five years. The writer found this species June
27, 1899, ina tract of shrubbery at the foot of Yellow Bass Pond,
and one was noted near Misery Bay on May 14 in Igoo. It is evi-
dently a rare summer resident so far north.

211. Wilsonia mitrata. Hooprp WarBLER.

The Hooded Warbler was met with May 28 in considerable numbers
and to all appearances settled for the season in a tract of rich wood-
land along the lake front a few miles west of Erie, and a male was
secured. This would indicate that it is a not uncommon summer
resident in suitable situations on the mainland, although not noted at
all on the Peninsula. Mr. Sennett gives it as breeding in Erie County
(Warren, Birds of Pennsylvania, 1890, 300), and Mr. Bacon had a
specimen brought him May g, 1901, which date probably indicates the
time of its vernal arrival.

212. Wilsonia pusilla. Brack-capprpD WARBLER.

A transient visitant, apparently not common, at least in the spring
of 1900, at which season it was detected on but two occasions, May
19 and 24. Upon its return in the fall it was first noted August 30,
and occasionally thereafter until September 21. It was always met
with low down, in bushes or thick shruberry. May 25, 1889, is the
date of the only specimen of this species in Mr. Sennett’s collection.

213. Wilsonia canadensis. CANADIAN WARBLER.

Another transient species, not very common, having been found
from May 17 to 24, 1goo, frequenting shrubbery. Mr. Bacon records
one specimen taken May 18, 1893, and Mr. Simpson mentions having
met with it in September, 1900, although it was not observed by us
at that season.

588 ANNALS OF THE CARNEGIE. MUSEUM.

214. Setophaga ruticilla. AMERICAN REDSTART.

Common as a summer resident in the wooded portions of both the
mainland and Peninsula. ‘‘In 1892 its arrival was noted May 4,
and on June 6 of the same year several nests containing eggs were
found.’’ (Bacon.) In 1goo the first birds were observed on May
12, and on May 19 a large flight was encountered in the high woods
north of Long Pond. May 28 it was found to be very numerous in
the woodland along the lake bluff, a few miles west of the city.
September 26 was the last date upon which it was recorded in the fall.

215. Anthus pensilvanicus. AMERICAN TITLARK.

Fairly common as a transient visitant, especially in the fall. It
frequents the muddy flats at the mouth of Mill Creek, the outside
beach, or occasionally the shores of the bay. Mr. Bacon has met
with it also in certain barren fields at the western end of Erie County.
In the season of 1900 May g was the date of its observed arrival,
May to two were seen and secured, and May 12 a small flock was
observed passing northward, these notes comprising the full spring
record. The fall notes were as follows: first, September 8 ; common
September 13; and last, November 15, with numerous intermediate
records. According to Mr. Bacon flocks of at least fifty birds are
quite frequently seen, but we did not meet with any so large as this
during our stay.

216. Galeoscoptes carolinensis. CaATBIRD.

Very common as a summer resident, especially on the Peninsula,
finding congenial haunts in the tracts of bushes and shrubbery which
abound. Mr. Bacon notes its arrival about April 30 (1893) or May
t (1892). In 1900 the first was seen May 2, and the last one in the
fall on October 8.

217. Toxostoma rufum. Brown THRASHER.

Also a summer resident, but not so common as the Catbird, although
frequenting the same situations. It makes its appearance the latter
part of April (April 28, 1892; April 26, 1893, Bacon), and in the
fall of 1900 it was last seen October 6.

218. Thryothorus ludovicianus. CaroLina WREN.

‘‘In 1898, on April 18, 19, and 23, I heard the loud notes of a
wren that was new to me, and on the first occasion caught sight of the
bird itself. Although I was unable to secure it, there is no doubt that
it belonged to this species.’? The above note, contributed by Mr.

Topp: Brrps OF ERIE AND PRESQUE ISLE. 589

Bacon, is the only record for this relatively southern species so far
north in Pennsylvania, and its seasonable status is quite uncertain.
Farther east along the lake shore it has been recorded but once, from
near Buffalo, N. Y. (Savage, duwk, XII, 1895, 314).

219. Troglodytes aedon. Housr Wren.

Rather common as a summer resident, not only on the Peninsula,
but even in the city itself, where it often nests, while nearly every
farmhouse has a pair breeding in its immediate vicinity. On May 30,
1900, a nest with six fresh eggs was found, built in the deserted hole
of a woodpecker in a stub close to the board-walk, the shrubbery along
which was a favorite haunt of the species at all times during its stay.
Its arrival has been observed by Mr. Bacon about the first of May
(April 30, 1893; May 3, 1892), and in rgoo October 3 was the
latest fall date. Mr. Sennett writes entertainingly (4w, VI, 1889,
76) of a nest found by himself and Dr. B. H. Warren on August 1,
1888, which was built in a kingfisher’s hole in a sand-bank, and con-
tained young birds.

220. Olbiorchilus hiemalis. WiNnTER WREN.

Of moderately common occurrence during the spring and fall migra-
tions, and occasionally in winter also. Mr. Bacon has seen it on Janu-
ary 1, February 2 and February 22, 1892. Its first and last recorded
occurrences in the spring of 1Igoo were respectively April 9 and May
to. In the fall it was noted only on October 10 and 11. Mr. Sen-
nett’s collection contained examples taken October 27 and 29, 1888.

221. Cistothorus stellaris. SHort-BILLED MAarRsH WREN.

This comparatively little known species was noted on but one occa-
sion, May 17, 1900, when a single female was shot by Mr. Worthing-
ton at the head of Yellow Bass Pond, having been flushed from a growth
of low weeds and bushes near the water’s edge. It is probably to be
set down as a rare summer resident.

222. Telmatodytes palustris. LonG-piLLED MarsH WReEN.

In the marshes of the Peninsula this interesting species is an abun-
dant summer resident. By the writer it was first met with in June,
1899, about Yellow Bass and Niagara Ponds, when a number of speci-
mens were collected and several new (but empty) nests discovered.
In 1goo it was first observed April 30, becoming common May 9.
May 23 several unfinished nests were found, and on May 31 a set of
six eggs was collected from a nest in Niagara Pond, a favorite haunt

590 ANNALS OF THE CARNEGIE MUSEUM.

of the species, from the extensive tracts of rushes and marsh grasses in
which it delights. It was also encountered in the marshes along the
bay shore at the western part of the Peninsula, and at the mouth of
Mill Creek, but was not found about Long or Cranberry Ponds, the
conditions there not being favorable. During the migrations it is said
to occur occasionally on the mainland. October 6 was the latest fall
date on record, although it may possibly have stayed somewhat longer.
In 1893 it was first seen on May 3 (Bacon).

223. Certhia familiaris americana. BROWN CREEPER.

A fairly common migrant in spring and fall, and in all probability
a winter resident in small numbers. Mr. Sennett is quoted as saying
that it is sometimes seen during mild winters (Warren, Bzrds of Penn-
sylvania, 1890, 314). It has been found in migration in early April
(April 8, 1875, Sennett ; April 8, 1893, Bacon), but none were no-
ticed in rgoo until April 18, while on April 24 a flight was encoun-
tered in the high woods north of Long Pond. ‘There were dozens of
them in the trees, their faint chirps being heard on every hand, and
some were even singing. May 7 the last was seen. In the fall Sep-
tember 14 was the first date, and October 16 the last, although the
species doubtless remained later, as above intimated. |

224. Sitta carolinensis. WHITE-BREASTED NUTHATCH.

A permanent resident, well represented at all seasons of the year,
frequenting the wooded portions of the mainland and Peninsula, often
in company with other species of like haunts and habits.

225. Sitta canadensis. RED-BREASTED NUTHATCH.

Fairly common, according to our observations, during the spring
migration, less numerous in the fall. April 19, 1900, one was shot
on the wooded ridge southeast of the city, but none were noted on
the Peninsula until May 2. It was observed as late as May 19, almost
justifying the suspicion that it breeds. In the fall it was recorded on
September 20, 21, and 26. It was met with in the woodland, often
quite low down, and usually accompanied by such birds as kinglets,
chickadees, Brown Creepers and warblers. Other observers seem to
have found it rather common in the fall. Thus, Dr. Warren mentions
having found this species ‘‘ quite plentiful in October and the early
part of November [1889] in Erie county.’ (Brads of Pennsylvania,
1890, 316.) There are specimens in Mr. Sennett’s collection taken
at intervals from September 22 to October 29, 1888.

Topp: Brrps oF ERIE AND PRESQUE ISLE. 591

226. Bezolophus bicolor. ‘Turrep ‘lirmouse.

A rare straggler, wandering northward in the winter from its usual
habitat. There are three specimens in Mr. Sennett’s collection, two
of which are labeled December 18, 1874, the third December 20,
1874 — possibly an error for the earlier date, since it is stated that
this was the only occasion upon which the species had been met with
here. ‘lhese were taken, it is said, from a flock of a dozen or more,
on the bluff at the head of the bay. Doubtless this occurrence is the
basis of the very indefinite statement of Dr. Warren, ‘‘ This species is
seldom seen in Erie county’? (urds of Pennsylvania, 1890, 318).

227. Parus atricapillus. BrLack-cappeED CHICKADEE.

A common resident, found in scattered companies except in the
nesting season, associated with other species of similar haunts and
habits. It was to be met with at all times in the shrubbery along the
board-walk, where a nest was discovered in a small dead stub, about
five feet from the ground, from which six incubated eggs were secured
on May 19, 1900. In the fall it is conspicuous in the van of the
flights of warblers.

228. Regulus satrapa. GOLDEN-CROWNED KINGLET.

This species doubtless remains through the winter in small numbers,
as it was found in both March and November in the sheltered wood-
land of the interior of the Peninsula. During the migrations it is very
numerous, the spring flights occurring (in 1900) from April 17 to
30. In the fall the first was seen September 25, and it became com-
mon in October, resuming its winter numbers the latter part of that
month. September 29, 1888, is the earliest fall record afforded by
Mr. Sennett’s series.

229. Regulus calendula. Rupy-cROwNED KINGLET.

A spring and fall transient visitor, quite common, according to our
experience in 1go0. It was recorded first in the spring on April 21,
and was last seen May 12. In the fall its migratory movement lasted
a full month, from September 18 to October 18. It was very often
found in company with the Golden-crowned Kinglet, and associated
with warblers of various kinds. It was in full song upon its arrival
in the spring. An additional fall record is September 22, 1888
(Sennett).

592 ANNALS OF THE CARNEGIE MUSEUM.

230. Polioptila cerulea. BLUE-GRAY GNATCATCHER.

The status of this species here is uncertain. The only record is of
an individual seen and secured on August 25, Ig00. It is not known
to breed so far north in Pennsylvania, and the bird taken may have
been migrating, and strayed out of its range.

231. Hylocichla mustelina. Woop Turusu.

Common, according to Mr. Bacon, as a summer resident, and the
best known of the small thrushes. This observation, however, must
refer to the mainland only, as we did not find the species on the
Peninsula at all, and our only record is of several seen May 28 in
woodland along the lake shore bluff, a few miles west of the city limits.

232. Hylocichla fuscescens. WILSON’s THRUSH.

Occurs as a moderately common summer resident, frequenting the
woodland and shrubbery, particularly along the board-walk. Its arrival
was noted May ro, 1900, and on May 26 a nest with four fresh eggs was
discovered, built on the ground in the woods, in an open place among
the dry leaves. May 11, 1875, is the date of the only specimen in
Mr. Sennett’s collection.

233. Hylocichla alicia. GRrAy-CHEEKED THRUSH.

This species was found to be of common occurrence as a migrant
in the fall of 1900, arriving September 18, and at once becoming
numerous, vying in abundance with the Olive-backed Thrush, with
which it was closely associated during its stay. Although the two
species are so similar in coloration, haunts, and habits, the Gray-
cheeked may always be readily distinguished from the other by its
call-note, which is more prolonged, quite different from the short,
low ‘‘chuck’’ of the Olive-backed. In addition it was often heard
to offer a variety of other notes, perhaps snatches from its song,
which greatly resembled those of the Wilson’s Thrush. By the end
of September the present species had diminished in numbers, and by
October 6 the last had gone. ‘The only spring record is afforded by
a specimen in Mr. Sennett’s collection, taken May 13, 1875.

234. Hylocichla ustulata swainsonii. OLivE-BACKED THRUSH.

A transient visitant, only tolerably common in the spring, but much
more so in the fall, according to our experience in 1900. May 17
marked its vernal appearance, and May 26 its departure. During this
interval it was frequently heard singing. In the fall the earliest and
latest dates were respectively September 18 and October 3, thus coincid-

Topp: Birps or ERIE AND PRESQUE ISLE. 593

ing closely with the migration period of the last species. It was
particularly numerous in the shrubbery along the board-walk. Mr.
Sennett took specimens of this thrush on May 21, 1875, and Septem-
ber 21, 1889 ; Mr. Bacon secured one September 21, 1got.

235. Hylocichla guttata pallasii. Hermit THRusH.

The Hermit Thrush occurs as a transient visitant only, apparently
uncommon in the spring, but quite plentiful in the fall. It migrates
earlier in the spring and later in the fall than the other thrushes.
April 11, 1875, the date of a specimen in Mr. Sennett’s collection,
seems to be the earliest spring record available. Mr. Simpson saw
several April 26, 1902. Mr. Bacon has secured specimens April 29,
1892, April 30, 1893, and May 2, 1891—the latest spring date. A
specimen taken April 24, in deep woods north of Long Pond, was the
only specimen noted in rgo0._ In the fall it arrived and was common
on October 3, when the Gray-cheeked and Olive-backed Thrushes
were leaving, and remained at least until October 20. At this season
it was found mostly in dense covert of bushes and evergreens, usually
in scattering companies, silent save for a low call-note. October 7,
1894 (Bacon), and October 26, 1889 (Sennett), are additional fall
records.

236. Merula migratoria. Rosin.

This abundant and familiar bird is a summer resident on both the
mainland and Peninsula. Mr. Bacon states that an occasional in-
dividual remains through the winter, but that it ordinarily arrives the
second week in March, sometimes a little later, March 9, 1892, being
the earliest record. Although it was already present in numbers the
latter part of March, 1900, when our observations began, it was observed
in flocks, evidently migrating, as lateas April 19. In the fall a small
party was seen November 7, this being its last recorded occurrence of
the season, although it has been noted by Mr. Bacon as late as Novem-
ber 29 (1894). Such birds as stay through the winter are generally
seen about mountain-ash trees, the berries of which furnish an unfail-
ing food supply (S. E. B[acon], Od/og7st, Albion, N. Y., V, 1888,
60).

237. Sialia sialis, BLuEpiRp.

‘¢A summer resident, common, although never so numerous as the
Robin, and never known to stay through the winter. I have noted it
as early as February 22 (1888), but it usually arrives a little later,

594 ANNALS OF THE CARNEGIE MUSEUM.

about March 5 or to. In the spring of 1895, however, which was
memorable for the scarcity of Bluebirds throughout the country, the
first was not noted until April 11, while up to May 25 but two pairs
had been observed in all. The species has recovered its normal
abundance since then, however.’’ (Bacon.) In the spring of 1900 it
was already present March 22, and doubtless arrived some time pre-
viously. Although repeatedly seen on the Peninsula, it is very
doubtful if it breeds there, as it was never observed under circumstances
that would justify such a belief.

BIBLIOGRAPHY.

The following list embraces the titles of only such papers and pub-
lications as contain information specifically stated to refer to the avi-
fauna of this particular locality. Several articles have been published
in the last few years which contain references to specimens in Mr,
Sennett’s collection, but unless it is definitely indicated that such
specimens came from [rie the titles have been ruled out. Moreover,
all papers have been excluded which merely quote or refer to notes
originally published elsewhere. Very possibly some notes of more or
less value, published in sportsmen’s journals, etc., have escaped notice.

1834. AUDUBON, JOHN JAMES, Ornithological Biography, Volume II, Edinburgh,

1834.
Reference is made on page 223 to the occurrence of /cterta virens on the

Pennsylvania shore of Lake Erie (see page 587).

1887. “©A. A. A.’’? The Snowy Owl in Erie County, Pa.—-Forest and Stream,
XXVIII, February 3, 1887, 24.

1888. B[ACON], S[AMUEL] EK. [Notes on the Robin and English Sparrow at Erie,
Pa. ]— Oélogist, Albion, N. Y., V, 1888, 60.

1888. WARREN, B. H. Report on the Birds of Pennsyvania. Harrisburg, 1888,
pp. 260.

‘Vhe appendix (pages 229-249) contains a number of references to Erie
County birds inserted on the authority of Mr. George b. Sennett.

1888. BACON, SAM[UEL] E. [Notes from Erie, Pa. ]—Od/ogist, Albion, N. Y., VI,
1889, 134.

1889. DwiGHT, JONATHAN, JR., Recording Secretary, [Abstract of Proceedings of
the] Linnzean Society of New York.—Auk, VI, 1889, 196-204.

On page 198 four species of birds are stated to have been found at Erie
by Mr. George B. Sennett—Sterna ‘‘ tschegrava,’’ ‘* Octocoris’’ (sic)
alpestris praticola, Lanius ludovictanus (migrans), and ‘* Ammodramys”?
Savannarum passerinus,

Topp: Brrps or ERIE AND PRESQUE ISLE 595

1889. SENNETT, GeorGE B. Troglodytes aédon, House Wren, Breeding in a Sand
Bank.—dus, VI, 1889, 76. See page 589.

1890. DWIGHT, JONATHAN, JR. The Horned Larks of North America.—Azé,
VII, 1890, 138-158.

Specimens from Erie in Mr. Sennett’s series are mentioned on pages 142
and 145.

1890, SENNETT, GEORGE B. The King Eider (Somateria spectabilis) at Erie,
Pennsylvania.—dus, VII, 1890, 88-89.

1890. [MERRIAM, C. Hart, Secretary]? Seventh Congress of the American
Ornithologists’ Union.—Auwk, VII, 1890, 66-71.

“*He [Mr. George B. Sennett] also called attention to a peculiar, dark-
colored, and otherwise abnormal specimen of the Carolina Rail taken at Erie,
Pennsylvania.’’? (Page 71.)

1890. WARREN, B. H. Notes on Pennsylvania Birds.— forest and Stream, XXXIV,
February 13, 1890, 64.

“ Plectrophenax’’ nivalis and Calcarius lapponicus at Erie, Pa., October
and November, 1889.

1890. WARREN, B. H. Refort on the Birds of Pennsylvania, Second Edition, Re-
vised and Augmented. Harrisburg, 1890, pp. 434.

Scattered through the pages of this report are many notes on Erie birds
inserted on the authority of Mr. George B. Sennett. As Mr. Sennett’s
original manuscripts were consumed with the rest of Dr. Warren’s papers in
the Capitol fire at Harrisburg in 1897, it is impossible to verify the references,
some of which are unsupported by specimens in Mr. Sennett’s collection,
while others are too indefinite as to the exact locality meant to be utilized in
the preparation of the present paper. However, as Mr, Sennett was known
to be a careful observer, there would seem to be no good reason for discredit-
ing his records published at second-hand, all other things being equal, and
hence they have been taken at their face value, except as above mentioned.
A few species have been included in the present list on the authority of these
records alone, as specifically stated in every case.

1892. BACON, SAMUEL E, Old Squaw (Clangula hiemalis).—Ornzthologist and
Oblogist, XVII, 1892, 45. Quoted in full on page 524.
1892. CHAPMAN, FRANK M. A Preliminary Study of the Grackles of the Subgenus
Quiscalus.— Bulletin American Museum of Natural History, 1V, 1892,
I-20.
Contains several references to Mr. Sennett’s Erie specimens of Qudsca/us
guiscula @neus.

1899. RHOADS, SAMUEL N. Notes on Some of the Rarer Birds of Western Pennsyl-
vania.—Awk, XVI, 1899, 308-313.
Two specimens of Lctopistes migratorius from Erie County mentioned
(page 310) as having been presented to the Carnegie Museum by Mr. George
B. Sennett.

Bulletin American

1900. CHAPMAN, FRANK M. A Study of the Genus Sturnella.
Museum of Natural History, X\11, December 31, 1900, 297—320.
Three specimens of Sturned/a magna from Erie, Pa., listed.

596 ANNALS OF THE CARNEGIE MUSEUM.

1902. OBERHOLSER, HARRY C. A Review of the Larks of the genus Otocoris.—
Proceedings United States National Museum, XX1V, 1902, 801-884.
Specimens of Ofocoris alpestris praticola from Erie (in the Biological Sur-
vey series, collected by Samuel E. Bacon), are mentioned on page 828.

ADDENDA AND CORRIGENDA.

Since page-proof of the present paper has reached the author there
has been published the ‘‘ Thirteenth Supplement to the American
Ornithologists’ Union Check-List of North American Birds’’ (AA,
XXI, 1904, 411-424), wherein a number of the nomenclatural
changes used by the writer are formally adopted, rendering the cita-
tion of references unnecessary in such cases.

Attention is also called to the following corrections and additions,
noted too late for insertion in their proper places:

Page 494, 13th line from the top, insert asterisk before Porzana
carolina.

Page 494, 5th line from bottom, for Co/aptes auratus read Colaptes
auratus luteus. |

Page 502, under Stercorarius parasiticus, add: Mr. Bacon has in-
formed the writer that on May 22, 1904, he observed a bird which he
believed to have been of this species. ‘‘ It was a handsome, spirited
bird, falcon-like in its movements, and when noted was pursuing a
Common Tern.’’ ‘The occurrence of this species so late in the season
is indeed remarkable.

CARNEGIE MUSEUM,
July 14, 1904.

ANNALS OF CARNEGIE MUSEUM, Vol. Il. Plate XX

JOHN BELL HATCHER.

Born Oct, 11, 1861; Died July 3, 1904.

In Memoriam.

JOHN BELL HATCHER.

It becomes the mournful duty of the editor of the Annals to
record the death, on July 3, 1904, of his beloved and trusted
associate, Mr. John Bell Hatcher.

Mr. Hatcher was born at Cooperstown, Brown County, Illinois,
on October the 11th, 1861. Hewas the son of John and Margaret
C. Hatcher. The family is Virginian in extraction. In his boy-
hood his parents removed to Greene County, Iowa, where his
father, who with his mother survive him, engaged in agricultural
pursuits near the townof Cooper. He received his early education
from his father, who in the winter months combined the work of
teaching in the schools with labor upon his farm. He also attended
the public schools of the neighborhood. In the fall of 1880 he
entered Grinnell College, Iowa, where he remained for a short
time, and then went to Yale College, where he took the degree of
Bachelor in Philosophy, in July, 1884. While a student at Yale
his natural fondness for scientific pursuits asserted itself strongly,
and he attracted the attention of the late Professor Othniel C.
Marsh, the celebrated paleontologist, who was at that time the
paleontologist of the United states Geological Survey. Professor
Marsh, as soon as the young man had received his diploma, com-
missioned him to undertake a paleontological investigation in
southwestern Nebraska. On his way to his appointed field of
labor he spent but two days and a night with his parents. Although
he had not revisited his home for three years, and was urged to
stay longer, he refused to do so, being filled with the highest
enthusiasm for the work to which he had been called. ‘This inci-
dent at the very outset of his career casts light upon his character
and his subsequent activities, in which, though full of the warmest
affection for those who were bound to him by ties of blood and
friendship, he never allowed personal pleasure, or comfort, or even
the gratification of the most innocent instincts of the heart, to

5OS ANNALS OF THE CARNEGIE MUSEUM.

stand in the way of what he conceived to be his calling. From
the summer of 1884 until the year 1893 he was continuously in the
employment of Professor Marsh. During these years he conducted
explorations sometimes alone, sometimes accompanied by others,
over a wide area in the States of Nebraska, the Dakotas, Montana,
Utah, Wyoming, and Colorado. ‘These expeditions to the western
country, which usually began early in the spring, continued until
late in the fall, or even into the early winter. He also collected
in the winter months and early spring in Maryland, and North
Carolina. His success as a collector was phenomenal, and the
scientific treasures which he unearthed greatly enriched the col-
lections of the United States Geological Survey and of the Pea-
body Museum in New Haven. It was upon the collections of ver-
tebrate fossils made by Mr. Hatcher that Professor Othniel C.
Marsh based to a very large extent many of his most important
papers, and to Mr. Hatcher more than to any other man is due the
discovery and collection of the Ceratopsia, perhaps the most strik-
ing of all the extinct reptilia. Very little had been known about
them, and before Hatcher succeeded in discovering a large number
of skulls and skeletons they were at best represented by a few
fragments, the nature of which was hardly understood even by the
most advanced students. At the time of his lamented death Prof.
Marsh was engaged in preparing a monograph upon this material,
and it fell to his distinguished student, who had discovered these
colossal creatures, to take up in 1go02 the work which Professor
Marsh had left unfinished, and it was to this work that he was
devoting himself when the hand of death cut him off, as it had
some years before removed his revered and distinguished master.

In 1890 Mr. Hatcher was made Assistant to the chair of Geology
in Yale University. In 1893 he was elected Curator of Vertebrate
Paleontology and Assistant to the chair of Geology in the College
of New Jersey at Princeton.

While at Princeton he continued his geological and paleonto-
logical explorations in the Western States with his usual enthusiasm
and success. For many years he had cherished the wish to under-
take the exploration from a geological and paleontological stand-
point of Patagonia and Terra del Fuego. He finally undertook
the collection of a fund to enable him to carry out his purpose.

HOLLAND: JOHN BELL HATCHER. 599

Generous subscriptions were made by a number of the alumni and
friends of Princeton University, and he himself out of his small
savings contributed a large portion of what proved to be required
to undertake the work. His plans were thoroughly approved and
enthusiastically supported by Professor W. B. Scott, the Professor
of Geology in Princeton. Three expeditions were made. ‘The
first extended from March the rst, 1896, to July the 16th, 1897.
On this expedition Mr. Hatcher was accompanied by his brother-
in-law, Mr. O. A. Peterson, as an assistant. The second expedition
extended from November the 7th, 1897, to November the goth,
1898. On this expedition Mr. Hatcher was accompanied by Mr.
A. E. Colburn as taxidermist. The third expedition was carried
on from December the oth, 1898, to September the rst, 1899, when
again Mr. O, A. Peterson accompanied Mr. Hatcher as his assistant.
The story of these expeditions has been published in the first volume
of the Reports of the Princeton University Expeditions to Patagonia,
which are being issued under the editorial supervision of Professor
William B. Scott upon the J. Pierpont Morgan Publication Fund of
Princeton University, the fund having been generously given by
Mr. Morgan in order that the scientific information secured by Mr.
Hatcher might be made known tothe world. In the conduct of
these expeditions Mr. Hatcher strikingly revealed not only his
great scientific insight, but his undaunted courage and great tenacity
of purpose. Twice he came near losing his life, once as the result
of a singular accident which befell him while taking a lonely ride
across the pampas, once while confined to his tent amidst the deep
snows of winter by a violent attack of inflammatory rheumatism,
during which his solitary companion ministered to him as well as
he could, at one time hourly expecting that the life of the intrepid
explorer was about to end. Fortunately he recovered, but the
terrible sickness through which he had passed left its impress upon
him ever afterwards, although he was never willing to admit, even
when suffering intense pain, that he was other than strong and
capable of enduring hardships as in former days.

The results of Mr. Hatcher’s explorations in Patagonia were of
the most important character. The collections of vertebrate fossils
made by him and his assistants, and now preserved at Princeton
University, are enormous in extent and of the very highest scientific

600 ANNALS OF THE CARNEGIE MUSEUM.

value. Some of these collections were made by him at great per-
sonal risk, the strata in which they were found being only exposed
for a few hours at low tide on the inargin of the ocean. Working
rapidly he and his assistant took up what they could, and then
hurried back over the wide beach to the cliffs, to presently see the
water from fifty to sixty feet deep rolling over the spot where they
had been at labor. ‘The explorers literally snatched their treasures
from the hungry jaws of the ocean. In the fields of recent zodlogy
and botany he made extensive collections. His geographical dis-
coveries were of great importance. He added immensely to our
knowledge of the interior of Patagonia, traversing vast territories
upon which civilized man had never before planted foot. He dis-
covered mountains and lakes, and traced the course of rivers which
had never before been mapped. One of the great mountain ranges
by the consent of both the Argentine and Chilean governments
bears his name. His decision that the crest of the Patagonian
watershed in parts of its course lies far east of the crest of the
southern Andean ranges, had an important bearing upon the ques-
tion of the boundary line between the Argentine Republic and
Chile, and in the arbitration of this question, which has happily
been settled without recourse to arms, as was at one time threatened,
the discoveries of the young American explorer were brought into
prominence in diplomatic circles.

On February the 1st, 1900, Mr. Hatcher accepted the position
of Curator of Paleontology and Osteology in the Museum of the
Carnegie Institute in Pittsburgh, where his brother-in-law, Mr. O.
A. Peterson, immediately after his return from Patagonia, had been
employed as an assistant. Installed in his new station, with the
assurance of the unqualified and generous support of the founder of
the Institute in all wise efforts to make his work successful, he began
to lay out in connection with the Director of the Museum plans to
create one of the most important paleontological collections in
America. For four summers in succession he carried on explora-
tions in the Western States. In 1903 he was associated for a por-
tion of the time with Mr. T. W. Stanton of the United States
Geological Survey in an effort to ascertain the relative position and
geological age of the Judith River beds, which had been for some
time the subject of earnest discussion among geologists. His views

HOLLAND: JOHN BELL HATCHER. 601

in relation to this subject, which had been opposed by almost every
other geologist in America, were finally ascertained to be correct,
and it was a matter of great personal gratification to him, as the
writer of these lines knows, that the accuracy of his observations
and of his conclusions, which had been reached many years before,
had been verified.

While professor Hatcher wrote very little in relation to geology,
he nevertheless was regarded as being one of the very ablest of
American geologists, his great experience in the field and his close
attention to the subject having given him a practical knowledge of
the subject, such as was possessed by few of his contemporaries.
One of the leading geologists in America, in speaking of him said
to the writer, ‘‘I regard Professor Hatcher as one of the best
informed geologists in the United States. He is preéminent in this
field, though he sets comparatively small store by his attainments.’’

The last five years of his life, during which he was connected
with the Carnegie Institute, were not only years in which he proved
himself remarkably successful as a collector, but in which he revealed
his ability as a scientific author. A number of important papers
from his pen have appeared in the Annals and Memoirs of the Car-
negie Museum, The first volume of the Reports of the Princeton
University Expeditions was written by him during this time. He
contributed numerous brief articles to various scientific journals,
and in 1902 undertook for the United States Geological Survey the
completion of the Monograph of the Ceratopsia which had been left
unfinished by Professor Marsh at the time of his death. The writer
believes that this great work had been brought so far that it will be
possible to complete it with comparatively small effort on the part
of some one reasonably familiar with the subject. Various other
important papers of a monographic character had been begun.
Unfortunately these for the most part are not in such condition that
they can be published.

One of the great undertakings which had occupied much of his

time and thought during the past eighteen months was the reproduc-
tion of the skeleton of Diplodocus carnegii, a restoration of which
had been ordered by Mr. Andrew Carnegie for the purpose of pre-
senting the same to the British Museum of Natural History, the

Trustees of which in February, 1903, had formally signified their

602 ANNALS OF THE CARNEGIE MUSEUM.

acceptance of Mr. Carnegie’s kind offer to have such a reproduction
made for them. ‘The superintendence of this task was congenial
labor to him. On the first day of July, 1904, a small company
of scientific men and women, together with the Trustees of the
Carnegie Institute and a few other guests, had the pleasure of a
private view of this restoration, which had been carefully assembled
preliminary to shipment to England. ‘The absence of Professor
Hatcher from the little company was feelingly alluded to by many.
But none of the party dreamed, although he was known to be seri-
ously ill, that he was even then sinking into the eternal sleep.

Mr. Hatcher’s position as a paleontologist was unique. He is
universally admitted by those who are most competent to pass judg-
ment, to have been the best and most successful paleontological
collector whom America has ever produced. In saying this it may
at once be admitted that he was in all probability the most success-
ful collector in his chosen domain who has ever lived. Professor
Hatcher and those associated with him under his control during the
years of his activity in the field assembled more important vertebrate
fossils than have been assembled by any other one man, whose name
is known in the records of paleontology. ‘The larger proportion
of the choicest vertebrate fossils now in the Peabody Museum at
Yale University, in the collection of the United States Geological
Survey, in the Museum of Princeton University, and in the Museum
of the Carnegie Institute at Pittsburgh were collected by him. ‘To
a very large extent the American methods of collecting such re-
mains, which are now universally admitted to be the best methods
known, were the product of his experience in the field and of his
careful thought. Ina letter just received by the writer from Pro-
fessor Henry Fairfield Osborn, the Paleontologist of the United
States Geological Survey, he says, alluding to the death of Professor
Hatcher: ‘‘1 can hardly tell you how shocked and grieved I am.
I had often thought of the probability of Hatcher’s death while in
the field when taking great risks and entirely away from medical
and surgical attendance, but of his death at home I had not
thought a moment. In his intense enthusiasm for science, and the
promotion of geology and paleontology, and the tremendous sacri-
fices he was prepared to make, and had made, he was a truly rare
and noble spirit, the sort of man that is vastly appreciated in Eng-

HOLLAND: JOHN BELL HATCHER. 603

land and in Germany, but I fear very little appreciated in America.
His work as a collector was magnificent, probably the greatest on
record.’’

Professor W. B. Scott, in the columns of Sczence, says: ‘* Hatcher
may be said to have fairly revolutionized the methods of collecting
vertebrate fossils, a work which before his time had been almost
wholly in the hands of untrained and unskilful men, but which he
converted into a fine art. ‘The exquisitely preserved fossils in
American museums, which awaken the admiring envy of European
paleontologists, are, to a large extent, directly or indirectly due to
Hatcher’s energy and skill and to the large minded help and ad-
vice as to methods and localities which were always at the service
of anyone who chose to ask for them.’’ ‘Testimony of like charac-
ter as to the great achievements of Professor Hatcher has come from
many other sources.

Mr. Hatcher was characterized by most intense devotion to his
life work, as has been already pointed out. Underlying his char-
acter was an indomitable determination. In childhood he was
weak, and his parents had little hope of seeing him live to young
manhood. He, however, gradually outgrew the physical weakness
of his boyhood, and bent himself with a mighty purpose to the
acquisition of knowledge. His aged and venerable father has
touchingly described to the writer the lad’s determination when he
was but a mere boy to amass useful knowledge, patiently sitting for
hours poring over his books when his comrades of like age about
him were bent upon sports and pastimes. He was an indefatigable
student of books and a very keen observer of things. He was
fertile in resources. He had great mechanical aptitudes, and suc-
ceeded, sometimes when alone, by patient effort in accomplishing
apparently impossible tasks in the removal of huge and weighty
objects from difficult positions, which would not have been under-
taken by others. The writer recalls one or two cases in which he
dared great physical risks and even death, when alone, far from
human companionship, in extracting large masses from their original
position and moving them by a skilful arrangement of levers to
points where they could afterwards be taken up. One such instance
occurred in the fall of the year 1903, and the writer could not re-

frain, while admiring the courage and skill displayed, from earnestly

604 ANNALS OF THE CARNEGIE MUSEUM.

warning Mr. Hatcher against the repetition of such risks as he at
that time assumed in attempting to handle a block of rock weighing
nearly a ton without the assistance of other men.

While accomplishing a vast amount of most important work dur-
ing the last five or six years of his life, there was hardly any time
in which, as the result of the illness and exposure which he had

undergone in Patagonia, he did not suffer pain, and at times pain

of a most excruciating character, and yet he was patient and un-
complaining. Painstakingly exact, scrupulously honest, he could
not brook carelessness or departure from absolute truthfulness and
honesty in others. While full of kindness he was relentless in his
opposition to a few by whom he regarded himself as having been
deceived.

Perhaps the most striking characteristic of Mr. Hatcher was his
extreme modesty. He was always reticent in speaking of what he
had done, and shunned publicity, other than that which came to
him through his scientific writings. The notoriety which is eagerly
courted by some so-called scientific men, and which is acquired by
them through a diligent cultivation of the columns of the daily
papers, he simply loathed, and he could not be induced, even
when urged to do so, to accord an interview to the ordinary repre-
sentatives of the press. Social life outside of the circle of his
home had little charm for him. He even declared himself as hap-
piest when far from men in lonely wilds and face to face with nature
in her sternest and grimmest moods. He was, while not a recluse
in the strict sense of the word, so deeply absorbed in his researches
and studies as to take but little pleasure in the ordinary round of
social enjoyments. Nevertheless, he was a most charming com-
panion, and when he could be prevailed upon to unbend and relate
the story of his adventures in strange and distant places, the lis-
tener found his companionship fascinating.

Though living so much of his life in the wilderness, he was a
man of strong domestic attachments. He loved his home, and to
none of all the wide circle of his acquaintance does his untimely
death bring deeper and more poignant grief than to his wife and
four young children. ‘To them the writer renews in these lines his
expression of the deepest sympathy.

W. J. HOLLanp.

ANNALS CARNEGIE MUSEUM, Vol, Il. Plate XVI.

PRESQUE ISLE LICHT

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ANNALS CARNEGIE MUSEUM, Vol.

Woodland at Head of Long Pond, Presque Isle.

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IT ISA (WAASAW SISINYVO STIVNNY

‘XIX Ald

INDEX.

Acanthis linaria, 495, 569
linaria rostrata, 495, 569
Accipiter atricapillus, 495, 553
cooperil, 494, 553
velox, 494, 552
Actitis, 54, 69, 70
macularia, 44, 68, 494, 547
Actodromas bairdii, 496, 540
fuscicollis, 496, 540
maculata, 496, 539
minutilla, 496, 540
JEgialitis, 21, 22
meloda circumcincta, 494, 497, 550
montana, 2I, 22, 24, 25, 28, 29, 31 |
semipalmata, 496, 549
vocifera, 25, 28, 29
fElurodon sp., 154
Elurodon? brachygnathus
153, 173, 174
Agelaius phoeniceus, 494, 566
Agriochcerus minimus, 149, 150
Aix sponsa, 494, 517
Alcidz, 16
Alectorides, 16
Algonkian slates, 148
Alticamelus, 472
altus, 472
Ammodramus henslowii, 572
nelsoni, 496, 572
Ampelis cedrorum, 493, 578
Amphicyon major, 193
Anas boschas, 496, 512
maxima, 511
obscura, 496, 513
obscura rubripes, 514
Anser albifrons gambeli, 528
Anthus pensilvanicus, 497, 588
Antrostomus vociferus, 494, 561
Aphelops ceratorhinus Douglass, 154,
195, 196, 197
Aphriza, 20, 56
virgata, 29, 43, 5°, 64, 69
Aphr zide, 17, 64, 70
Aquila chrysaétos, 554
Aramides, 66
Archean, 148
Archeological material, 141
Archibuteo lagopus sancti-johannis, 495,

Douglass,

554
Arctomys, 181, 183, 184, 185
monax, 182, 183 |

Ardea herodias, 496, 531

Ardetta exilis, 494, 530
neoxena, 530

Arenaria morinella, 496, 550

| Arenaridz, 70

Arquatella maritima, 496, 539

Artiodactyla, 162, 167, 197

Asio accipitrinus, 556
magellanicus virginianus, 493, 558,
wilsonianus, 556

Astragalinus tristis, 493, 569

Astrodon johnstoni Leidy, 9, I1, 12

Atlantosaurus beds, 10, 14

Attagis, 66

Attigides, 16

Aythya americana, 496, 518
vallisneria, 495, 518

Baéna, 201, 202, 203

Beolophus bicolor, 497, 591

Bartramia longicauda, 44, 50, 57; 58,
494, 546

Bayet Collection, 141, 433

Big Belt Mountains, 150

Birds (The) of Erie and Presque Isle,
Erie County, Pennsylvania, by W.
E. Clyde Todd, 481-596

| Birds’ tracks, 148

Bittern, American, 530
Cory’s Least, 530
Least, 530

| Blackbird, Red-winged, 566

Rusty, 568
Vellow-headed, 566

| Blastomeryx gemmifer Cope, 154
_ Bluebird, 593

Bobolink, 566
Bob-white, 551
Bonasa umbellus, 493, 551

| Boobies, 525, 527

Botaurus lentiginosus, 494, 53°
Pranta bernicla glaucogastra, 529
canadensis, 496, 528
canadensis hutchinsii, 529
Brontosaurus, 12, 13
Briinnich’s Murre, 501
Bubo virginianus, 558
Buffle-head, 522
Bunting, Black-throated, 576
Indigo, 576
Snow, 579, 571

605

606

Buteo borealis, 494, 553
lineatus, 494, 553

platypterus, 494, 554
Butorides virescens, 494, 531

Ceenopus, 151
Cairina moschata, 511
Calcarius lapponicus, 495, 570
Calidris arenaria, 496, 542
Camelidz, 472
Camels, new genus of, 434-476
Camelus, 454
bactrianus, 467, 473
Canis lupus, 173, 174
Cafion Ferry, 149
Canvas-back, 518, 519
Cardinalis cardinalis, 493, 497, 575
Carnegie Institute, Extension of, 1
Carnivora, 164, 192
Carpodacus purpureus, 494, 497, 569
Castor canadensis, 191
Catbird, 588
Centurus carolinus, 493, 497, 560
Ceophlceus pileatus abieticola, 560
Ceryle alcyon, 494, 559
Certhia familiaris americana, 497, 590
Cheetura pelagica, 462, 494
Chalcidoidea, 3
Charadriide, 16, 65, 67, 70
Charadriformes, 16, 70 :
Charadriomorphz, 65
Charadriornithes (A%gialornithes), 16
Charadrius, 23
dominicus, 21, 27, 29, 30, 496, 548
livia, 22
pluvialis, 24
squatarola, 20, 22, 23, 24, 29, 30, 31
Charitonetta albeola, 496, 522
Chat, Yellow-breasted, 587
Chaulelasmus streperus, 496, 514
Chelydra, 202
Chen czerulescens, 528
hyperborea, 528
hyperborea nivalis, 528
Chickadee, Black-capped, 582, 584, 591
Chionides, 16
Chionidide, 16
Chionis, 69
Chondestes grammacus, 572
Chordeiles virginianus, 494, 561
Circus hudsonius, 494, 552
Cistothorus stellaris, 495, 589
Clangula clangula americana, 495, 522
islandica, 522
Coccyzus americanus, 494, 558
erythrophthalmus, 494, 558
Colaptes auratus, 494, 596
auratus luteus, 560, 596
Colinus virginianus, 493, 551

INDEX.

Colodon cingulatus Douglass, 150
Colymbus auritus, 495, 498
holbeellii, 495, 498
Compsothlypis americana, 495, 581
Compsemys plicatulus, 203
Contopus borealis, 562
virens, 563
Coot, 511, 528
American, 534
Cormorant, Double-crested, 508
Florida, 509
Corvus americanus, 565
brachyrhynchos, 494, 565
corax principalis, 497, 565
Coturniculus savannarum passerinus, 494,

; 571

Cowbird, 566

Coween, 524

Creeper, Brown, 590

Crossbill, American, 569
White-winged, 569

Crow, 523
American, 565

Crumrine, Boyd, Articles edited by, 71,
205

Crymophilus, 43
fulicarius, 17, 496, 535

Cryptoglaux acadica, 493, 557
tengmalmi richardsoni, 557

Cuckoo, Black-billed, 558
Yellow-billed, 555

Cucullea, 8

Curlew, Eskimo, 548
Hudsonian, 547
Long-billed, 547

| Cursorze, 70
| Cursorii, 16
| Cursoriide, 70

Cyanocitta cristata, 493, 565
Cyanospiza cyanea, 494, 576
Cyclopidius, 153

Cylindrodon fontis Douglass, 149
Cynodesmus thodides, 151, 164, 165

Dafila acuta, 496, 517

Deep Creek, 150

Deep River Beds, 150, 152

Dendroica estiva, 495, 582
blackburnize, 496, 584
ceerulescens, 496, 582
castanea, 496, 583
cerulea, 583
coronata, 495, 582
discolor, 585
kirtlandii, 584
maculosa, 496, 583
palmarum, 496, 585
pensylvanica, 495, 497, 583
striata, 496, 583

INDEX.

Dendroica tigrina, 496, 581
vigorsii, 496, 585
virens, 496, 584
Diatoms, 147
Dinocyon ossifragus Douglass, 154, 192,
193, 194, 195
Dinosaurs, 9, 10, 13
Diplodocus, 12
carnegii, 143
reproduction of the skeleton for
the British Museum, 478
Dolichonyx oryzivorus, 494, 497,
566
Douglass, Earl, Astropecten montanus —
A New Star-Fish from the Fort

Benton; and some Geological
Notes, 5-8
New Vertebrates from the Mon-

tana Tertiary, 145

Dove, Mourning, 552
Dowitcher, Long-billed, 538
Dromadide, 16, 70
Duck, Black, 514

Dusky, 513

Fish, 510

Gray, 517

Greater Scaup, 519

Harlequin, 525

Lesser Scaup, 510, 520, 521, 522,

27
Long-tailed, 523
Pintail, 517, 524
Pond, 512
Redhead, 518
Red-legged Black, 514
Ring-necked, 521
Scaup, 522
Shoveller, 516
Surf, 525
Wood, 517
Dryobates pubescens medianus, 493, 559
villosus, 493, 559
Eagle, Bald, 523, 554
' Golden, 554
Ectopistes migratorius, 494, 551
Egretta candidissima, 531
Eider, American, 525
King, 525
Elasmognathus, 156
Elosaurus parvus Peterson & Gilmore,
12, 13
Empidonax flaviventris, 496, 563
minimus, 494, 497, 564
traillii alnorum, 496, 564
virescens, 494, 497, 563
Eocene (?), 145, 148
Eporeodon, 169, 176, 177, 180
Ereunetes occidentalis, 542
pusillus, 496, 542

| Erie and

607

Presque Isle, Erie County,
Pennsylvania, The Birds of. By
W. E. Clyde Todd, 481-596
Erismatura jamaicensis, 496, 527
Eruptive rock, 147
Eucheira socialis, 479
Eucrotaphus, 169
(Eporeodon ?) superbus, 170
helenz, 149
Euphagus carolinus, 496, 568
Eurynorhynchus, 45
pygmeeus, 44
Eurypyga, 69
Exogyra, 8

Falco columbarius, 496, 555
peregrinus anatum, 555
sparverius, 494, 555

Finch, Grass, 571
Purple, 569

Fish, 147

Flicker, 566
Northern, 560

Flint Creek Beds, 153, 170

Florida czrulea, 531

| Flycatcher, Acadian, 563

Alder, 564

Crested, 562

Least, 564

Olive-sided, 562

Yellow-bellied, 563
Fort Logan Beds, 150
Fossils, List of, 151

Fulica, 66

americana, 496, 534
Fulicariz, 69

Fuligula affinis, 496, 520

collaris, 496, 521
marila, 495, 519

| Gadwall, 514
| Galeoscoptes carolinensis, 495, 588
| Gallinago, 29, 42, 43, 50, 54, 58, 64, 69

delicata, 40, 52, 55, 494, 537
Wilsoni, 41
Gallinula galeata, 496, 534
Gallinule, Florida, 534
Gavi, 15
Gavia imber, 495, 500
lumme, 495, 500
Gelochelidon nilotica, 505
Geological Notes regarding divisions of
the Miocene, 473
Geothlypis agilis, 496, 586
philadelphia, 497, 586
trichas brachidactyla, 495, 586
Glareolidz, 16, 70
Gnatcatcher, Blue-gray, 592
Godwit, Hudsonian, 543

608

Godwit, Marbled, 543
Golden-eye, American, 522
Barrow’s, 522
Goldfinch, American, 569
Gomphotherium, 472
cameloides, 469
(Protomeryx ?) serus, 154
Goose, American White-fronted, 528
Blue, 528
Canada, 528, 529
Greater Snow, 528
Hutchins’, 529
Lesser Snow, 528
Goshawk, American, 553
Grackle, Bronzed, 568
Grebe, Holbcell’s, 498
Horned, 498
Pied-billed, 499, 511
Red-necked, 498
Grosbeak, Cardinal, 575
Evening, 568
Pine, 568
Rose-breasted, 575
Grouse, Ruffed, 551
Gruiformes, 16
Gull, Bonaparte’s, 504,.506, 547
Glaucous, 502
Great Black-backed, 502
Herring, 503, 504, 506
Iceland, 502
Kittiwake, 502
Ring-billed, 504
Sabine’s, 505
Gymnoptychus minor, 149
Heematopodide, 70
Heematopus, 60, 69
bachmani, 63
Halizetus leucocephalus, 494, 554
Hardhead, 528
Harelda hyemalis, 496, 523
Hatcher, J. B. In Memoriam, 597
Discovery of Remains of Astrodon
( Pleuroccelus) in the Atlantosaurus
Beds of Wyoming, 9-14
Hawk, Broad-winged, 554
Cooper’s, 553
Duck, 555
Fish, 555
Marsh, 552
Pigeon, 555
Red-shouldered, 553
Red-tailed, 553
Sharp-shinned, 552
Sparrow, 555

Hay, O. P., Description of a New Genus |

and Species of Tortoise from the
Jurassic of Colorado, 201-204
Helena, 148
Helminthophila celata, 496, 580

INDEX.

Helminthophila chrysoptera, 580
peregrina, 496, 581
pinus, 580
rubricapilla, 496, 580
Heloderma, 160, 161
Helodromas solitarius, 494, 545
Helodermoides tuberculatus, 149, 160
Heptodon, 145, 146, 155, 156, 158
Herodias egretta, 531
Heron, Black-crowned Night, 531
Great Blue, 531
Green, 531
Little Blue, 531
Snowy, 531
Ilesperiphona vespertina, 495, 568
Hesperhys, 174, 175
vagrans Douglass, 153
Heteractitis, 53
incanus, 45
Himantopus, 40, 50, 62, 64
mexicanus, 39, 41, 536
Hippotherium isonesum Cope, 154
Hirundo erythrogaster, 494, 576
Histrionicus histrionicus, 525
Holland, W. J. Editorials, 1, 141, 431,
477, 597
Hoploparia canadensis Whiteaves, 6
Horizopus virens, 494, 563
Hummingbird, Ruby-throated, 562
Hyzeonodon montanus, 149
minutus, 149
Hydralector cristata, 65
Hydrochelidon nigra surinamensis, 496,

507
Hydrophasianus chirurgus, 65, 67
Hylocichla alicize, 497, 592
fuscescens, 495, 497, 592
guttata pallasil, 497, 593
mustelina, 495, 592
ustulata swainsonil, 497, 592
Hypertragulus calcaratus Cope, 151
Hyrachyus, 145, 146, 158, 159
agrarius, 157, 158
intermedius, 158
priscus, 156, 157, 158
Hyracodon, 150
Icteria virens, 495, 497
Icterus galbula, 494, 567
spurius, 494, 567
Ictops acutidens Douglass, 149
Inoceramus unabundus Meek and Hay-
deni) 57
Insectivora, 171
Iridoprocne bicolor, 494, 497, 577
Ischyromys typus Leidy, 149
Jacana gymnostoma, 68, 70

| Jacanidee, 65, 69, 70

Jacanoidea, 70
Jeeger, Parasitic, 502

INDEX.

Jeger Pomarine, 501
Jay, Blue, 565

Jefferson, 148

John Day beds, 150, 151
Junco hyemalis, 495, 574

Kingbird, 562

Kingfisher, Belted, 559

Kinglet, Golden-crowned, 582, 584, 591
Ruby-crowned, 591

Knot, 538

Lama huanaco, 442, 443, 455, 462, 467
Lanius borealis, 495, 578
ludovicianus migrans, 495, 578
Laridz, 16, 21, 69
Lariformes, 16
Lark, Horned, 564
Prairie Horned, 564, 570
Larus argentatus, 495, 503
delawarensis, 495, 504, 30
glaucus, 502
leucopterus, 502
marinus, 502
philadelphia, 495, 504
Lepidoptera, 4
Leptomeryx evansi, 167, 168
transmontanus, 151, 168
Leptoreodon, 163
Limnenetes (?) anceps Douglass, 149,
162
platyceps, 149, 162
Limosa, 53, 54, 58, 70
fedoa, 45, 49, 543
haemastica, 45, 542
rufa, 46
uropygialis, 57
Linuparus atavius Ortmann, 6
canadensis, 6
Little Belt Mountains, 150
Llama, 442, 456, 457, 458, 460, 462,
463, 464, 465, 467
Longspur, Lapland, 570
Loon, 500
Red-throated, 500
Lophodytes cucullatus, 496, 511
Loup Fork Formation, 151
Loxia leucoptera, 495, 569

Machetes, 46
Macrorhamphus, 69, 70
himantopus, 42
griseus, 496, 538

scolapaceus, 42, 538
Madison, 148

Valley, 149, 154

Valley Beds, 180
Mallard, 511, 512

Black, 512, 513, 514, 535

609

Mallard-Muscovy Hybrid, 511

Mammalia, 161, 171, 181

Mareca americana, 496, 514
penelope, 514

Martin, Purple, 576

Mastodon, 155, 198

Meadowlark, 561, 567

Megascops asio, 557

Melanerpes erythrocephalus, 494, 560

Melospiza cinerea melodia, 493, 574
georgiana, 494, 497, 574
lincolnii, 574

Merganser, American, 509
americanus, 496, 509
Hooded, 511
Red-breasted, 509, 510
serrator, 494, 497, 510

Merula migratoria, 495, 593

Merychyus, 153, 176
smithi, 153,°179

| Merycochcerus, 176

altiramus, 154
laticeps, 153, 178
madisonensis, 154

_ Merycodus agilis, 155

necatus, 155, 197, 198
Mesocyon coryphezeus, -164
drummondanus, 164, 166, 168
drumondensis, 151
Mesohippus bairdi, 150, 161
latidens, 161
Mesoreodon, 169
chelonyx, I51I, 177
intermedius, 151
Metamorphism of rocks, 149
Metamynodon, 145, 146, 159
planifrons, 159
Metopidius, 67
africanus, 65
albinucha, 65, 66
indicus, 65
Micropalama, 70
himantopus, 496, 538
Minute Book of the Virginia Court held
for Yohogania County; 1776-
1780, 71-140; 205-429
Miocene, 151, 170
Miohippus anceps, I51
annectens, I5I
(Anchiterium) equiceps, 151

| Mniotilta varia, 495, 580

Mollusca, 147
Molothrus ater, 494, 566
Monida, 147
Mortoniceras shoshoénsis Meek, 8
Morosaurus, 12, 13
Muscovy, 511
Mustela minor, 154, 192
ogygia, 192

610

Myiarchus crinitus, 494, 562
Mylagaulus, 173, 185, 186

balliensis, 173

leevis, 186

monodon, 173

paniensis, 153, 172, 187, 188, 190,

IgI
pristinus, 154, 186, 187, 190
proximus, 154, 189, 190.

Nettion carolinensis, 496, 515
Nighthawk, 561
North Boulder, 149
Numenius, 50, 58, 60, 64
arquata, 36
borealis, 33, 36, 37, 38, 46, 49, 52,
54, 56, 58, 496, 548
hudsonicus, 33, 34, 35, 36, 38, 496,
547

INDEX.

Otidoidea, 70

| Otocoris alpestris, 495, 564

alpestris praticola, 493, 564, 596
Otus asio, 493, 557

| Owl, American Barn, 556

longirostris, 28, 31, 34, 35, 36, 37, |

46, 48, 49, 51, 52, 53, 54, 55, 56,
57, 58, 59, 62, 547
pheeopus, 34, 35, 36, 37
Nuthatch, Red-breasted, 590
White-breasted, 590
Nuttallornis borealis, 496, 562, 563
Nyctala acadica, 557
tengmalmi richardsoni, 557
Nyctalops accipitrinus, 496, 556
wilsonianus, 493, 556
Nyctea nyctea, 495, 558
Nycticorax nycticorax nzevius, 494, 531

Ocydromus, 66

(Edicnemi, 16

CEdicnemide, 16, 70

Ogmophus arenarum, 153, 171
angulatus, 171

Oidemia americana, 496, 526
deglandi, 495, 526
perspicillata, 495, 527

Olbiorchilus hiemalis, 495, 589

Oligocene, 146, 151
Canide, 3
Upper, 150

Olor buccinator, 529
columbianus, 496, 529

Oreodon Beds, 149
culbertsoni, 164
macrorhinus, 149, 163, 164
robustum, 164

Oreodontidz, 152, 176

Oreodonts, 153

Oriole, Baltimore, 567
Orchard, 567

Osprey, 555

Osteology of the Steganopodes, 3

Ostrea?, 8.

Otididz, 16, 70

American Long-eared, 556

Barred, 557

Great Gray, 557

Great Horned, 558

Hawk, 558

Saw-whet, 557

Screech, 557

Short-eared, 556

Snowy, 558

Oxydactylus brachyodontus, 469, 470

Osteology of, 434-476

longipes, 435, 437, 438, 439, 440,
441, 447, 448, 452, 454, 455,
456, 457, 458, 459, 460, 461,
462, 464, 466, 468, 469, 470,
471, 472

Oxyechus vociferus, 494, 549

Paleearctomys, 182
macrorhinus, 154, 184
montanus, 154, 181, 183

Palzeolagus brachyodon, 149
temnodon, 149

Paleeomeryx, 179
americanus Douglass, 155
borealis, 153, 155, 197

Palzozoic, 148

Pandion haliaétus carolinensis, 496, 555

Parra, 65, 66, 67
gymnostoma, 65, 67
jacana, 65, 67

Parridze, 16, 65, 67

| Parus atricapillus, 493, 591
_ Passerculus sandwichensis savanna, 494,

497, 571
Passerella iliaca, 496, 575

Passerina nivalis, 495, 570
Pavoncella, 58
pugnax, 17, 46
Peep, 542
Pelecanus erythrorhynchos, 497, 509
Pelican, White, 509
Pelidna alpina sakhalina, 496, 541
Peninsula (The), at Erie, general de-
scription, 483
Perissodactyla, 155, 195
Peterson, O. A., Osteology of Oxydacty-
lus, 434-476
Petrochelidon lunifrons, 494, 576

| Pewee, Wood, 563
_ Phalacrocorax dilophus, 496, 508

dilophus floridanus, 509
Phalarope, Northern, 535
Red, 535

INDEx.

Phalarope, Wilson’s, 536
Phalaropes, 18, 19, 20, 52
Osteology of the, 17
Phalaropodidz, 70
Phalaropus lobatus, 17, 18, I9, 20, 28,
43, 496, 535
Philohela, 29, 42, 58, 68
minor, 40, 41, 494, 536
Pholadomya papyracea Meek and Hay-
den (?), 7
Pinna lakesi White (?), 7
Pinicola enucleator leucura, 495, 568
Pipilo erythrophthalmus, 494, 575
Piranga erythromelas, 494, 576
Pisces, 180
Platalea leucorodia, 45
Platychelys, 203
Pleuroccelus, 10
montanus, II
altus, 12
nanus, 9, II, 12, 13
Pleurosternidz, 203
Pliauchenia, 471
Pliocene, 150
Plover, American Golden, 548
Black-bellied, 548
Golden, 542, 545, 549
Killdeer, 539, 549
Semipalmated, 549
Poatrephes (?), 179, 180
Poatrephes paludicola Douglass,
176, 177, 179
Podasocys montanus, 21
Podilymbus podiceps, 495, 499
Poébrotherium sp., 151
Poébrotherium, 436, 437, 438, 439, 440,
441, 447, 448, 454, 455, 457, 460,
463, 466
Polioptila czerulea, 497, 592
Pond Fisher, 511
Pooecetes gramineus, 494, 571
Porphyrio, 66
Porzana carolina, 494, 497, 532, 596
jamaicensis, 534
noveboracensis, 496, 533
Potomac beds, 10, 12, 13, 14
Prickly Pear Valley, 149
Probaéna, 201, 203
sculpta, 201, 203
Proboscidea, 198
Procamelus, 153, 154, 175, 471
lacustris Douglass, 154
occidentalis, 454, 460
Progne subis, 494, 576
Promerycochcerus, 153, 169
magnificent specimen in Carnegie
Museum, 480
leidyi, 170
macrostegus, 170

153)

611

Promerycochcerus minor, 168, 169, 151
Protapirus, 157
validus, 158
Protohippus, 153, 154
Protolabis, 471
montanus Douglass, 154

| Protomeryx, 436, 437, 438, 440, 472

cameloides, 469
Pseudopterodon, 149

Quail, 551
Querquedula discors, 496, 516

| Quiscalus quiscula zneus, 494, 568

| Rail, King, 532

Little Black, 534
Sora, 532
Virginia, 532
Yellow, 533, 534

| Rallidz, 65, 66, 68, 69

Rallus aquaticus, 66

elegans, 493, 532

virginianus, 494, 497, 532
Recurvirostra, 49
Recurvirostride, 70
Redpoll, 569

Greater, 569
Redstart, American, 588
Regulus calendula, 497, 591

satrapa, 495, 591
Reptilia, 160, 171
Rhyacophilus, 58, 69, 70

solitarius, 44, 68
Riparia riparia, 494, 577

| Rissa tridactyla, 497, 502
| Rodentia, 172, 181

Sage Creek Beds, 145, 155
Sanderling, 542, 549

Sandpiper, Baird’s, 540

Bartramian, 546, 547

Buff- breasted, 547

Least, 540, 542

Pectoral, 539

Purple, 539

Robin, 538

Semipalmated, 542

Solitary, 545

Spotted, 547

Stilt, 538

Western, 542

White-rumped, 540
Sayornis, phoebe, 494, 562
Scalops aquaticus, 171, 172

| Scaphites ventricosus Meek & Hayden, 8

| Schleenbachia shoshoénsis (Meek), 8

Sciurus, 153, 181
arctomyoides, 154, 181, 182
jeffersoni, 149
Scolecophagus carolinus, 568

612

Scolopax, 58
rusticola, 17, 40, 54, 70
Scolopacidz, 16, 70
Scoter, American, 526
Black, 524
Surf, 526, 527
White-winged, 526
Scotiaptex nebulosa, 495, 557
Seiurus aurocapillus, 495, 585
noveboracensis, 496, 585
Setophaga ruticilla, 495, 588
Sheep Creek, 9
Shrike, Wigrant, 578
Northern, 578
Shufeldt, Dr. R. W., Osteology of the
Limicolz, 15-70
Sialia sialis, 495, 593
Sitta canadensis, 497
carolinensis, 493, 590
Snipe, Red-breasted, 538
Wilson’s, 537, 539
Snowbird, 584
Slate-colored, 574
Somateria dresseri 525
spectabilis, 497, 525
Sparrow, Chipping, 573
Field, 574
Fox, 575
Henslow’s, 572
Lark, 572
Lincoln’s, 574
Nelson’s Sharp-tailed, 572
Savanna, 571
Song, 574
Swamp, 574
Tree, 573
Vesper, 571
White-crowned, 572
White-throated, 573
Yellow-winged, 571
Spatula clypeata, 496, 516
Species, list of, 146, 153, 154
Specklehead, 515
Sphyrapicus varius, 496, 559
Spinus pinus, 495, 570
Spiza americana, 494, 497, 576
Spizella monticola, 495, 573
pusilla, 494, 574

socialis, 494, 573
Squatarola squatarola, 496, 548

Steganopus tricolor, 496, 536
Stelgidopteryx serripennis, 494, 497, 578
Steneofiber montanus Scott, 151
Stercorarius parasiticus, 497, 502, 596

pomarinus, 501
Sterna antillarum, 507

caspia, 495, 506

dougalli, 507

forsteri, 506

INDEX.

hirundo, 496, 506
Stilt, Black-necked, 536
Strix pratincola, 556
Sturnella magna, 494, 567
Suid, 174
Surnia ulula caparoch, 558
Swallow, Bank, 577
Barn, 576
Cliff, 576
Rough-winged, 578
White-bellied, 577
Swan, Trumpeter, 529
Whistling, 529
Swift, Chimney, 562
Symphemia, 53, 57
semipalmata, 45, 497, 545
Syrnium varium, 493, 557
Systemodon, 155
Talpa meyeri, 172
platybrachys, 153, 171, 172
Tanager, Scarlet, 576
Teal, Blue-winged, 515, 516
Green-winged, 515
Telmatodytes palustris, 495, 589
Tern, Black, 507, 508
Caspian, 506
Common, 506, 507
Forster’s, 506
Gull-billed, 505
Least, 507
Koseate, 507
Thinocoridz, 16, 70
Thinocorus, 66
Thrasher, Brown, 588
Thrush, Golden-crowned, 585
Gray-cheeked, 592
Hermit, 593
Olive-backed, 592
Water, 585, 586
Wilson’s, 592
Wood, 592

| Thryothorus ludovicianus, 497, 588

Ticholeptus beds, 150
Titanotherium beds, 149, 150
Titlark, American, 588
Titmouse, Tufted, 591
Todd, W. E. The Birds of Erie and
Presque Isle, Erie County, Pa.,
481-596
Totanus, 53, 58, 70
flavipes, 45, 55, 57, 496, 544
melanoleucus, 45, 496, 543
Towhee, 575

| Toxostoma rufum, 495, 588

Trigenicus socialis Douglass, 149, 162
Tringa, 43, 45, 52, 56

alpina, 44

alpina sakhalina, 541

bairdi, 43

INDEX. 613

Tringa canutus, 496, 538 | WablerKirtland’s, 534
fuscicollis, 43 Mourning, 586
maculata, 44 Nashville, 580
maritima, 43. 5° 52 Orange-crowned, 580
minutilla, 43 Palm, 585
ptilocnemis, 43 Parula, 581
pusillus, 44 Pine, 585
Tringse, 17, 68, 70 Prairie, 585
Trochilus colubris, 494, 562 Tennessee, 581
Troglodytes aédon, 495, 589 Yellow, 582
Troyo Collection, 43? Yellow-rumped, 581, 582, 584
Tryngites subruticollis, 547 Waxwing, Cedar, 578
Tubinares, 69 Whip-poor-will, 561
Turnstone, Ruddy, 55° Whitehall, 148
Turritella (?), 8 White River Formation, 146
Tylopoda, 439, 4475 465, 466 White Sulphur Springs, 15°
Tyrannus tyrannus, 494, 562 Widgeon, American, 514
Uria lomvia, 497, 501 European, 514
Ursus speleeus, 192 Willet, 545
Vanellus, 21, 22, 28, 29, 30 Wilsonia canadensis, 497, 587
vanellus, 17 mitrata, 495, 497> 587
Velasco Collection, Acquisition of, 432 pusilla, 497, 587
Vireo, Blue-headed, 580 Woodcock, 537
Philadelphia, 579 American, 536
Red eyed, 579 Woodpecker, Downy, 559
Warbling, 579 Hairy, 559
White-eyed, 580 Northern Pileated, 560
Yellow-throated, 679 Red-bellied, 560
Vireo flavifrons, 495, 579 Red-headed, 560
gilvus, 495, 579 Vellow-bellied, 561
noveboracensis, 580 Yellow-billed, 558
olivaceus, 495, 579 Wolf Creek, 147
philadelphicus, 496, 579 Wren, Carolina, 588
solitarius, 496, 580 House, 589
Volcanic ash, 148 Long-billed Marsh, 589
Short-billed Marsh, 589
Warbler, Bay-breasted, 583 Winter, 589
Black and White, 580 Wyoming, Jurassic deposits of, 13
Black and Yellow, 583 Xanthocephalus xanthocephalus, 497;
Blackburnian, 584 66
Black-capped, 587 Xema sabinii, 505
Black-poll, 583 Vellow-legs, 545
Black-throated Blue, 582 Greater, 543, 545
Black-throated Green, 584 Lesser, 538, 543> 544
Blue Golden-winged, 580 Yellow-throat, Northern, 586

Canadian, 586, 537

eae Zamelodia ludoviciana, 494, 497> 575
Biceps > Zenaidura macroura, 494, 552
Chestnut-sided, 583 Zouotrichia albicollis, 496, 573

Connecticut,
Hooded, $87" leucophrys, 498 57

Publications of the Carnegie Museum

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= € 2
Serial "NZ my s

ANNALS

OF THE

CARNEGIE MUSEUM

Vor Li Nowa

June, 1903

For sale at Messrs. Wm. Wesley & Sons, 28 Essex St. Strand, London, England,

Messrs. R. Friedlaender u. Sohn, 11 Carlstrasse, Berlin, N. W. 6., Germany, and at
the Carnegie Museum, Schenley Park, Pittsburgh, Pa., U.S, A.

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II.
IV.

CONTENTS.

Editorial

. Ostropecten? montanus — A new Star-fish from the

Fert Benton ; and some Geological Notes. By Fart
DouGLas ,

Discovery of Remains of Astrodon (Pleurocelus) in
the Atlantosaurus Beds of Wyoming. By J. B.
HATCHER .

Osteology of the Limicole. By Dr. R. W. SHuFELpT.

Minute Book of the Virginia Court held for Yohogania
County, first at Augusta Town (now Washington,
Pa.), and afterwards on the Andrew Heath Farm
near West Elizabeth ; 1776-1780. By Boyp Crum-
RINE

Pages.

1-4

5-8

9-14

15-70

71-140

Publications of the Carnegie Museum

ANNALS

OF THE

CARNEGIE MUSEUM

Voorn tte No.2

November, 1903

For sale at Messrs. Wm. Wesley & Sons, 28 Essex St. Strand, London, England,
Messrs. R. Friedlaender u. Sohn, 11 Carlstrasse, Berlin, N. W. 6., Germany, and at
the Carnegie Museum, Schenley Park, Pittsburgh, Pa., U. 5, A.

CONTENTS.

Pages.
. 141-144
V. New Vertebrates from the Montana Tertiary. By

EARL DOUGLASS .

Editorial

. 145-200
VI. Description of a New Genus and Species of Tortoise

from the Jurassic of Colorado. By O. P. Hay. . 201-204

VII. Minute Book of Virginia Court held for Yohogania
County, first at Augusta Town (now Washington,
Pa.), and afterwards on the Andrew Heath Farm

near West Elizabeth ; 1776-1780. By Boyp Crum-

RINE . 205-420 -
(Plates II-III)

Publications of the Carnegie Museum Serial No. 25

ANNALS

OF THE

CARNEGIE MUSEUM

Vorb 2No.-3

February, 1904

For sale at Messrs. Wm. Wesley & Sons, 28 Essex St. Strand, London, England,
Messrs. R. Friedlaender u. Sohn, 11 Carlstrasse, Berlin, N.“W. 6., Germany, and at
the Carnegie Museum, Schenley Park, Pittsburgh, Pa., U. S, A.

Patel

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LOD? 8 ea Pe

Plates IV.-XIV

Publications of the Carnegie Museum Serial No, 27

ANNALS

CARNEGIE MUSEUM

MOR. Eh INO. A.

August, 1904

an)

For sale at Messrs, Wm. Wesley & Sons, 28 Essex St. Strand, London, England,
Messrs. R. Friedlaender u. Sohn, 11 Carlstrasse, Berlin, N. W. 6., Germany, and at

the Carnegie Museum, Schenley Park, Pittsburgh, Pa., U. S. A.

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IX.

CONTENTS.
Pages
WOMEOTI ALS 3 FO er SS isa ets epee ea aa Nn SOO
The Birds of Erie and Presque Isle, Erie County,
Pennsylvania. By W. E. C. Topp. 481-596
In Memoriam, John Bell Hatcher.
By W. J. Holland. 597-604

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