The Devil’s Invention

This is the tragic story of a kidnapping in Colonial York, Maine. The below can be found in Cider Hill Annals and Miscellaneous Sketches, by Angevine W. Gowen. He hand wrote what appears to be a court document. The source of this document is currently unknown. A copy of Gowen’s book can be seen at Old York Historical Society’s Archive.

Several members of York History Group joined together to transcribe the above account, as follows…

“If history affords evidence of a crime of deeper [dye?] than this we have not yet met with it, and this wicked and infamous man receives only the punishment thus summoned by the court. James Adams: the court has considered your infamous and barbarous offenses against the life of the children before the court, and great disturbance to the county, and so sentences you to have thirty stripes well laid on; £ pay the father of the children, Henry Simpson, five pounds in money; to the treasurer of the county ten pounds, and remain close prisoner during the courts pleasure.” The thirty stripes were laid on by the brawny arm of John Smith, the executioner and let us hope they were well laid on. Bourne again comments: “Any punishment which human ingenuity could have devised would not have exceeded the merits of this barbarity, thirty stripes, well laid on, a fine of fifteen pounds, and imprisonment, during the pleasure of the court, from which he might at any moment escape, or from which the court might at any moment release him, were no punishment for his iniquity. For very small offences in this age men were brought to the gallows, and this man should have been added to his home in the earth, on which, he was unworthy to walk.” A crowd draws up on Jail Hill, where now the old common peacefully rests, its broad [?] [?] deeply wreathed with ivy and woodline covering the spot where in 1680 stood its implements of punishment, of that day, the whipping past, and stocks. And here amid the howls and jeers of his townsmen, withers the body of James Adams, as the [?] lash “well laid on” out and stacked, amid his howls and cries and shrieks for mercy, and here let us leave him hoping that from that time on, he was both a sadder and wiser man.” 

Thanks to Juanita Trafton Reed, Kathy Cawrse, Racheal Bottino, Danny Bottino, Joanne Weiss Curran, for assisting with this transcription. Juanita commented on the Facebook post…My transposition matches most of what you have here (above), with these few exceptions… I believe it is “strikes” not stripes./ Whipping post. (instead of “past”) Instead of common — I think it is “cannon”. / lash “well laid on” cut and slashed ( rather than cut and stacked) and where you have the £ sign I read it as “to”…”to the father”

Contributed to York History Group by Karl Hanson. Unknown Newspaper and unknown date.

York in American History: Fate of Ensign Henry Simpson

Notes: During the late 17th Century, life in early colonial York was daunting, short, often brutish, terrifying and unpredictable. Based on research from original documents, such as court records, James Kences paints just such a portrait in this essay.

This story is published on Seacoast Online and provides additional information on the Simpson Family of York.

By James Kences

One of the final events in the life of Ensign Henry Simpson was his participation at a court of sessions of the peace on Dec. 29, 1691. Within a month, he would be among the victims of a Native American raid upon the town. Simpson and his wife were presumed to have been killed, and two of their sons, Henry and Jabez, were taken into captivity.

Simpson was married to Abigail Moulton, sister to Joseph Moulton, who on the day of the attack also perished with his wife. Their son Joseph was captured. Jeremiah Moulton, who was only three or four years of age in 1692, was to become one of the military and political leaders of 18th Century York.

The reconstructed list of casualties from the raid, included in total number, three other married couples: in addition to Simpson and Moulton, Nathaniel Masterson and his wife, Elizabeth; Philip Cooper, and his wife, Anne; Thomas Paine and his wife, Elizabeth. In each of the three instances, some of their children were taken prisoners and accompanied the raiding party upon its return to Canada

And what of the fates of those children? Masterson’s daughter Abiel, Mary Cooper, and Bethiah Paine, eventually returned, but only after a period of years. Mary Cooper was redeemed in 1695, together with Henry Simpson and seven other persons. Three years later, Bethia Paine was brought back. A decade had passed, Jabez Simpson was apparently still inside French Canada.

The documentary sources are quite spare, and often only names have survived, but with effort a deeper dimension to the slight details is possible. Ensign Henry Simpson can be profiled more richly than the others. The story begins with his childhood. He was about four when his father, afflicted by illness drafted his will in March of 1647. An only child at the time, a portion of the estate was apportioned to him.

Shortly after his father’s death in the summer of 1648, Simpson’s mother remarried, and became the wife of Nicholas Bond. In May of 1650, Henry Simpson, only six years old, testified at the trial of Robert Collins, who was charged with assault upon his mother. The man he knew as “fat Robert,” had attacked her at night inside their house.

“She being in her house, her children in bed, she was making a cake for them against the next day to leave them,” she recounted at the trial. It was midnight, and she required some firewood, and was at the door when Collins forced his way in. The testimony is somewhat confusing, but it described multiple incidents that involved Collins. In one confrontation, she declared to him, “leave my company and meddle not with me, if not I will make you a shame to all New England!”

Jane Bond acknowledged, “she could not save herself,” her husband at the moment, was absent “to the East.”  The jury found Collins guilty of the crime. He was “to receive forty stripes save one, and fined ten pounds,” as punishment. As a glimpse into life here in the early period, the trial is of considerable value. The five witnesses had included Henry Norton, who was not only a close neighbor, but also a relative. Norton had heard Henry Simpson’s mother call for him, “Cousin Norton!” “Cousin Norton!” but he failed to respond.

The Norton family were prominent and well connected. Henry Simpson’s grandfather was the veteran soldier Walter Norton who was killed by the Native Americans in Connecticut in 1634. His grandmother upon his death married William Hooke, who belonged to a family of merchants at Bristol, a city in the southwest of England. This town for a brief period was named Bristol, and the influence of the Hookes was expressed through the choice of the name.

Henry Simpson could claim high social standing as kindred to the two families. He was elected to various town offices, constable, and served as a selectman. He held a military rank, and was frequently a member of juries, and as mentioned, was part of the grand jury only weeks before the raid in 1692.

Whatever provoked James Adams to kidnap and imprison Simpson’s children inside an improvised enclosure that was to be known henceforth as “The Devil’s Invention,” is unfortunately lost to history. But the record has survived for the court session of July 1679. For the “barbarous offense against the life of the children,” Adams received a sentence of a severe whipping, “thirty stripes well laid on,” and was also to pay Simpson, “the father of the said children,” five pounds in damages.

The site of the notorious structure, was according to Charles Banks, “in the region of Scituate, easterly from the main highway through that settlement.” Philip and Nathaniel Adams, the father and brother of James, appear to have been among the victims of the 1692 raid.

Devil‘s Invention article in the Biddeford Saco Journal July 18, 1893

Slave Property in Cape Neddick

Ron Nowell and I have been compiling a list of Slaves in York, Maine and one Slave, Caezar Talpey has caught our imagination. Caezar purchased land from Nathaniel Donnell in 1792, bounded by his owner, Richard Talpey, to the North. We can assume Caezar was freed when Slavery became illegal in Massachusetts in the 1780’s. From the deed (YCRD book 54 page 176) I have used the tools on the Town of York tax maps to draw the location of the property lines taken from the deed. The first drawing represents the measurements as accurately as possible from the deed reference. The second drawing shows 4 acres with a slight liberty to tweak the triangle into conforming. This effort is preliminary and not conclusive but it gives us a general idea of where a Slave owned property and lived in Cape Neddick in the later part of the 18th Century. Here is the description in the the deed… “These presents do give grant, bargain, Sell, alien release convey + confirm to him the said Caesar his heirs and assigns four Acres of Land lying in York, aforesaid bounded as follows beginning at a Stake and heap of Stones by the highway Leading from York to Wells + running North thirty five Degrees West forty one rods (676.5 feet) to Richard Talpey’s Land thence south Eighty two Degrees East by said Talpey Land till it come to the highway aforesaid thence Southwesterly by said highly to the first mentioned Bounds”

Deed of Nathaniel Donnell to Caezar Talpey, Slave of Richard Talpey. 1792
Deed from Nathaniel Donnell to Caezar Talpey, Slave of Richard Talpey. 1792 (page 2)
Locus map of Caezar Talpey Property in Cape Neddick, Maine

Bell Marsh Reservoir Gravesite

The exhumation of a gravesite by the Kittery Water District in York, Maine.

by Kevin Freeman

1985 Property Plan of Bell Marsh Reservoir showing approximate site of an unknown gravesite that was exhumed before the flooding of Bell Marsh Reservoir.

Almost weekly, for the last year, Ron Nowell has invited me out into the woods around the Mount Agamenticus area and southerly towards the York River. I have been an eager beneficiary of Ron’s love of local history and nature, listening with great interest to Ron’s renderings of local lore. Many stories have caught my imagination, leading me to pursue a deeper understanding through additional research. Between hikes, Ron and I will often talk on the phone, exchanging additional information, adding further interest and curiosity.

After we had covered a lot of area east of Mountain Road, our attention turned to the southwest of Mountain Road leading us to the Horse Hills and Bell Marsh. We followed cart paths, streams, bushwhacked and stumbled a few times on the lookout for ancient dwelling sites, dams, natural anomalies and native orchids, especially the illusive Small Whorled Pogonia.

Although the old tote roads we traveled were not marked, Ron guided me on several trips from Mountain Road to Beechwood Road to near Bell Marsh. At some point and after crisscrossing other trails we arrived at Old Bell Marsh Road. I don’t know exactly where these paths become Old Bell Marsh Road. Old Bell Marsh Road was replaced by Bell Marsh Road as recently as the mid 19th Century. Both roads lie parallel to each other, the old road on the eastern side of the reservoir and the newer road on the west. The Old Bell Marsh Road, an early town three rod road, is lined on both sides with stone walls. When followed to Bell Marsh Reservoir it submerges into the reservoir and disappears making it appear to be an ideal boat launch, though boats are not allowed. As one stands on the north shore and looks about 300 yards across the water, the road reemerges on the opposite shoreline and the old road continues to Linscott Road. The newer Bell Marsh Road begins at a point on Mill Lane, ending Mill Lane, off Route 91. 

The forest in this area has been cut many times since the first colonizers arrived. There are some large trees in some places though I am quite certain they are not virgin. We have stopped at many and just marveled at them. Solitary and towering above the others, they are a testimony of what happens when nature is left alone for one or two hundred years. Ron and I ponder how these trees were spared the axe or saw. The diversity of terrain between Mountain Road and Bell Marsh is quite spectacular. There are many vernal pools, dramatic ledges including Hedgehog Hills, rolling hills and a forest with a multiplicity of species. I am sad to say the forest is spotted with many Hemlock trees in varying states of disease and decay from the invasion of the woolly adelgid.  The old stone walls, often but not always prolific, are a constant reminder that humans occupied this area with the interest of raising sheep. 

As I researched the deeds in this area, property owners included the families of Paul, Shaw, Nowell, Junkins, Parsons, Ramsdell, Mitchell, Garey and Hooper who were likely recipients of land divisions when the Town of York began breaking it up for private ownership in the early eighteenth century. Today, a big portion is owned by the Kittery Water District, York Land Trust, and the State of Maine and fortunately it is mostly conserved for the future. 

Ron Nowell leans on gravesite rail of John and Mercy Jellison. Cemetery #198

In John Eldridge Frost’s, The Nowells of York and South Berwick, Ron had read about some places that he hadn’t seen before in the Bell Marsh area. Ron was especially interested in a Jellison Cemetery, #198 on the York Cemeteries and Family Burial Grounds Map, and the homestead of Samuel Shaw. Frost also mentioned School House Number 7 that captured my imagination and can be seen on Sanford, Everts, & Co 1872 map of York. But it wasn’t as easy as just walking into the woods and finding these places. A typical hike, with Ron, is from four to eight miles. We would be in the woods walking and resting for about five or six hours. We each carried a back pack with our lunch, desert and coffee. We never knew exactly what to expect and after I once witnessed Ron tumble off a cliff and get pretty roughed up, I began carrying a fifty foot rope that could serve in a dramatic rescue attempt as well as in the many caves we searched for. Whether we found anything or not, I felt a natural kinship to Ron. It was obvious to me, that we both loved being in the woods, enjoying nature — everything else was icing on the cake. 

During the summer of 1983, plus or minus a year or two, I worked with my best buddy building a stone foundation for Larry Willey’s home on Garey Mill Lane, off Bell Marsh Road. We also built a large fireplace in his living room that had a cathedral ceiling. We consumed a lot of rocks for both projects. We picked stones from the Garey Mill dam site and from the many stone walls that were at the time on the Willey property. From my first encounter I was impressed seeing the large hewn stones placed in a way that created the skeleton of a mill that would have turned raw materials into economic viability.

Garey Mill Bell Marsh York, Maine
Kevin Freeman standing at the Garey Mill site off Garey Mill Lane, circa 1983

More than 40 years later, I returned to this remote area once inhabited by families whose names I listed above. As we walked, Ron’s stories of those who had lived here in the 19th century inspired me. The only evidence of settlement was stonewalls and a few cellar holes that are settling back into the earth and names on a few old maps that listed a few inhabitants. Mostly however, on the old map, staring back at me, I was captivated by School House Number 7. We were fairly certain of its likely general location but not conclusively. None-the-less, I used my imagination to fill in all that I could not see. In my mind the building was modest in size and I painted it white, a bell near the door, children frolicking around the yard, the teacher calling the children back into class, all on a warm sunny fall day. I couldn’t resist this romanticized version though in reality it didn’t exist. In reality there was a road leading from the schoolhouse that disappeared into a reservoir.

Additionally, there was one graveyard that haunted us and it was from another reference by John Frost in his, The Nowells of York and South Berwick. He wrote the graves had been exhumed and the bodies moved. When the Bell Marsh Reservoir was built and flooded, it was likely the gravesite had been submerged. We began examining the property plans that are available online (York County Registry of Deeds). When we weren’t hiking in the woods, Ron would often be hunting down “old timers” and picking their brains about what they knew of the area we were exploring. This would add more interest and clarity to what we were observing on our hikes. Ron made inquiries at the Kittery Water District. After a few months of inquiry and research, we began to piece things together and better understand what had happened at the grave site and the hopeful final resting place of the bodies. Frustrated that we could not locate the burial site we assumed it was underwater and that we would never see it.  

Old Bell Marsh Road, York, Maine
This photo was taken when the water had receded exposing more of Old Bell Marsh Road. The old wall can be seen here cresting above the water surface.

Back at the northern submersion site of Old Bell Marsh Road, standing, facing south at the water’s edge, Ron pointed to what appears to be a rock, or two, cresting just above the surface about 150 feet in front of us. He said that is part of the stone wall that lines the road. The idea of submerging a road and all the history it keeps secret becomes extraordinary in my mind. What is implied? School House Number 7 was directly behind us, the old road submerged in front of us. We sit down on the edge of the reservoir, in the shade of a maple tree and we eat the lunch we carried in. We sip coffee and Ron tells me more stories about the Shaw Family and the Nowell family each living here, making a living, generation after generation. 

It was a hot summer day as we walked back, towards our vehicles parked on Bell Marsh Road. The road was dusty as our feet scuffed along the gravel surface. Part of the road was resurfaced by the Kittery Water Department to better access a logging yard toward the Horse Hills. This part of the road is wide and packed hard with stone and gravel, enabling it to support large logging trucks coming and going. As we walk out carrying our empty packs, we also carry out our heads full of questions and exchange hypotheticals with each other, reviewing from memory what he have read in old deeds and trying to recreate what this place must have been like when it was inhabited. The bigger question, that I always returned to was, why did people live out here and why did they leave?  

Ron called a few days after our hike and said that he had spoken with a local who told him School House Number 7 was at the intersection of Old Bell Marsh Road and Gerry Mill Lane, in the triangular section of the crossroads. I felt satisfaction that the exact location was known. After studying a map by Beatrice Warren Lane, we discovered there were likely three mill sites that were also submerged that would have been on Bell Marsh Stream, also called Smelt Brook. Ron then spoke with the retired Superintendent of the Kittery Water District, who was in charge of the creation of the Reservoir. He had been present at the exhumation of the graveyard and told Ron the bodies had been taken to the First Parish Cemetery in York Village. Ron checked with the Superintendent at the First Parish Cemetery and no records existed for the internment of the bodies.

It is difficult to get a grasp on the size of the Bell Marsh Reservoir project and the reasons for its creation, that is a story unto itself. As Ron and I pursued more information, I was hopeful that we might come across some photos of the construction site in progress. That maybe we could see what the Bell Marsh Brook liked before it was flooded and if indeed the three dams we suspect were present before the flooding would be visible. Our hiking continued and we eventually covered the area around Bell Marsh Reservoir and discovered an absolutely stunning water fall whose sources begin in the Horse Hills. We also found a stone causeway near a very large wetland. As we were making more discoveries our determination persisted to better understand the exhumed gravesite. We talked about waiting for the reservoir to freeze over and if the ice was clear enough and supportive, we could look through it, following the old road below.

Over the end of summer and early fall the mystery of the gravesite, the exhumed bodies and the internment at First Parish Cemetery fueled our research interest. Ron had requested more information from the Kittery Water District but went without a reply until we thought it would be a dead end. That is when Ron received a packet with most, if not all of the information about the research and action taken to exhume the bodies as reported from the Kittery Water District. When Ron shared the packet with me it was quite a revelation. We had nearly given up hope about the many details that we assumed had been recorded for the exhumations but doubted we would ever see. Key, was a plan titled, Condemnation Plan of Kittery Water District Bell Marsh Reservoir, York, Maine, March 5, 1985, Rooney E. Chadbourne, 1125, Registered Land Surveyor. This plan (see above) was not found in the York County Registry of Deeds, by me, after much searching. It was the revelation that we had hoped for. The approximate location of the submerged gravesite is represented in about the center of the plan, though the description is vague. It seemed reasonable to assume that since the gravesite was in the center of the plan it would be in the center of the reservoir, so I thought. By chance, and as the plan didn’t show anticipated water levels, I decided to scan the plan and overlay an arial image of the reservoir into place upon the plan using Photoshop. To my surprise I found that the gravesite may or may not be submerged and it is very close to the Spinney gravesite, lot 6 on the Cemeteries and Family Burial Grounds map for the Town of York’s  Comprehensive Plan 2006.

As of today, April 6, 2023, I am not certain if the gravesite, with the exhumed bodies is accessible or submerged below the water’s surface but I am looking forward to hiking out there and looking closely. I feel this story is important due to the fact that the seven persons buried at the gravesite are now unknown. With the small amount of information we do have, we cannot be certain of who they were, when thy were buried or other facts that are critical to a better understanding of the past. Below are a few documents provided by the Kittery Water District.

By the account told to Ron Nowell by Ed Junkins, the Kittery Water District Superintendent at the time of exhumation, the bodies were removed with a tractor and placed into a plastic container and interred in the First Parish Cemetery very near the Pauper Cemetery which is along the gravel road on the Eastern side. A cement liner was used and the body parts were all placed together. The exact location is not known.

 

Ron Nowell’s determination to find the details presented above have made this paper possible. Without Ron’s relentless pursuit and sharing of York, Maine history, myself and many others would be far less informed. Thanks to Ron, to whom I have dedicated this paper.

Also, the Kittery Water District has been forthcoming and considerate in providing information, documents and photos that have aided our research. We are grateful to them and for their friendly demeanor.

Nathaniel Freeman to Capt. Peter Nowell Deed

Ron Nowell and I began walking the area of Third Hill, in York, Maine, in the spring of 2022. We had been talking about documenting many of the points of historical interest around the Mount Agamenticus area for a few years. Ron’s knowledge of the area is extensive and rare. My role was to be an observer and recorder. Our first hike led to another and we documented many places, plants and features and we made some new discoveries.

I was particularly interested in the Third, Second and First Hill (Mount Agamenticus) area. I could trace my grandmother, Edna May Perkins, back to the early settlers on Old Mountain Road and beyond. As Ron showed me the remains of dwellings, wells and graveyards and knew their names, I could follow these names in my family tree. I became fascinated. Among the names were Welch, Ramsdell, Lewis, Plaisted, Bracy, Moulton, Fitzgerald. Ron also had many stories to go with each of the places, some first hand and many second or third.

There was a dichotomy that developed in my mind. How could people survive out here and why, and why did they leave? As Ron led the way through countless miles we often stopped, Ron would find a dry stone, sit, twist off the top of his thermos, take a few sips of coffee and we would begin to hypothesize about the circumstances that created this strange place. Never did it occur to Ron to not reach into his backpack, find a Devil Dog or Yodel, withdraw it and bring it into the presence of our conversation. And there we would sit, mesmerized with the names leading back to the past, under the spell nature’s beauty.

These walks eventually led us down to the Horse Hills, Old Bell Marsh Road, Linscott Road, Middle and Folly Pond, Smelt Brook, and the Second Parish Cemetery via Boston Post Road. As we moved our way south from Mount Agamenticus, Ron mentioned his seventh great grandfather, Peter Nowell1 had sold the Garey Mill to the Garey Family on Bell Marsh. We found the Garey graveyard and there were many headstones with no inscriptions. Ron naturally thought these may have been his ancestors.

Garey family cemetery – off Bell Marsh Road

Peter Nowell1 arrived in York in shortly after the Indian Raid in 1692. He purchased land in 1695. My sixth great grandfather, Nathaniel Freeman1 arrived in York, to teach school, in 1702. Ron and I realized we were likely related but my tree has no Nowells and his has no Freemans, otherwise we have many common ancestors that lived in early York.

As we hiked, Ron, would often refer to books that were in the vault at the York Town Hall. Among them the Proprietor’s book, the Constables’ book and the Town Clerk’s book. The Proprietor’s book is an early account of the division of the Stated and Outer Commons. The Constable’s book is a tally of town expenditures in the 18th century among other things and the Town Clerk’s book—I had never seen until recently. Nathaniel Marshall and George Plaisted, during their tenures as town clerk, had both created abstracts of the Clerk’s book. To my delight, a few weeks ago, James Kences, York Town Historian met Ron and I at the Town Clerk’s office and James assisted us with the Clerk’s book and the abstracts. Ron had an agenda, he was looking for roads on the McIntire property but I was there to browse. And browse I did. The handwriting of the early town clerks can be difficult to read quickly yet so compelling I could barely stop.

Ron Nowell, left with James Kences studying the Clerk’s Book at York, Maine Town Hall

It was difficult to choose which to read; the abstract or the original (likely a copy) of the Clerk’s Book. The clock was moving closer to closing time for the Town Hall with each page I turned. It was impossible for me to consume so much information in such a short time. I knew I would be back and thought likely many more times. A few days had passed and I was reviewing some iPhone shots I had taken of the Clerk’s book. I saw a message from Town Clerk, Lynn Osgood. She wrote that her and James had completed uploading the clerk’s book to the Town of York website and included a link. I was enthralled and extremely excited. I called Lynn and James and asked if I could come to the clerk’s office and interview them both on video for York History Group. They were both excited and we proceeded with the interview.

As I pursue many interests in life, it is inevitable to make connections with like minded people. The field of local history is rich in this regard. Many acquaintances have become friends. Ron fits neatly into this category. After all, history is about our connection to something beyond ourself. Since the clerk’s records have been put online I began to browse over 500 of its pages. Soon, I saw that Capt. Peter Nowell had entered into a transaction with Nathaniel Freeman. Oh my! As I read I saw that my 6th great grandfather had sold Ron’s seventh great grandfather 60 acres of property in York that was previously owned by his father-in-law, John Peniwell and uncle, John Puddington. I had not seen this transaction previously documented in town deeds. There was no description of the property in the deed but another connection to Ron was made. Another connection to my community and I felt an even greater gratitude to Lynn Osgood and James Kences for providing the opportunity for me to discover this document with such ease, from my home.

Nathaniel Freeman to Capt. Peter Nowell Deed

Link to Early York Town Clerk’s Records

https://www.yorkmaine.org/635/York-Historical-Records

Link to Nathaniel Freeman to Capt. Peter Nowell deed https://www.yorkmaine.org/DocumentCenter/View/8633/0436_391

York Town Clerk’s Records posted online

History has been made! Once again!

York Town Clerk, Lynn Osgood, has posted, online, the earliest documents (1646) from the clerk’s vault at York Town Hall. The original volume can be seen the town clerk’s office or viewed online here.

https://www.yorkmaine.org/635/York-Historical-Records

Lynn Osgood attributes her inspiration, to bring these documents to the public’s availability, from James Kences, Town Historian. James has been working tirelessly to create an abstract of the early records to help the viewer search the 500+ files more efficiently.