Livingston Masonic
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This collection includes correspondence and legal papers of Victory Birdseye of Pompey, N.Y., relating to his work as Special Counsel for the Morgan investigation from 1830 to 1831. The papers discuss Birdseye's preparation for trials in Genesee, Monroe and Niagara Counties including testimony and discussions of some relevant points of law. Not all of these cases came to trial, as the statute establishing the office of Special Counsel expired in 1831 and was not renewed. Some of the specific issues dealt with in these papers are:
- The extradition of James Gillis from Pennsylvania. This includes a discussion of the propriety of extradition for a misdemeanor (which kidnapping was then considered under New York state law). [Documents 4, 5, 13, 14]
- The testimony of James A. Shedd, a former New York Mason who had moved to Ohio and was brought back by Birdseye to testify at the trial of Elisha Adams. [Documents 18, 21, 22, 24]
- The competency to testify of Edward Giddings. His testimony was ruled inadmissible in several cases because of his religious views. New York state law required that a witness believe in a Supreme Being and in divine punishment for breaking an oath taken on the Bible. This law was altered during the course of the Morgan trials and Giddings testified at the trial of Elisha Adams. [Documents 3, 19, 28, 29, 32]
- Complications in the indictment against Thompson, Powers, Seaver and Follett in Genesee County. This case never came to trial and is overlooked in most of the literature. [Documents 6, 8, 9, 11, 20, 26]
The disappearance of William Morgan is well known to Masonic scholars and no discussion of it seems required here. A partial chronology of legal actions relating to these papers and an index to individuals named is included for the convenience of researchers. Researchers desiring further background on the Morgan Affair are directed to the bibliography at the end of this finding aid.
| 4/15/1827 | Bill passed creating office of Special Commissioner to investigate the Morgan case. Daniel Mosely appointed. | |
| 5/22/1827 | Court of General Sessions of Ontario County at Canandaigua, Judge Howell presiding. Indictments against Eli Bruce, David Hague, Orsamus Turner and Jared Darrow of Lockport. Prosecuting: District Attorney Bowen Whiting and Messrs. Wilson, Dickson, Talbot and Benjamin. Defense may have been Messrs. Marvin, Sibley, Penfield, Adams, Hubbell and Barnard. Witnesses recognized: Paul Mosher, Corydon Fox, Edward Giddings and Ebeneezer Perry. | [Documents 1, 3, 28] |
| 1/1/1828 | Court of Oyer and Terminer of Ontario County at Canandaigua, Judges Throop, Howell, Younglove, Brooks and Atwater. The People vs. Nicholas Chesebro, Edward Sawyer, Loton Lawson, John Sheldon and James Gillis. James Gillis flees to avoid prosecution. | |
| 8/20/1828 | Ontario County Court of General Sessions at Canandaigua, before Chief Judge Nathaniel W. Howell and Judges Chester Loomis, John Price and Samuel Rawson. The People vs. Eli Bruce, Orsamus Turner and Jared Darrow. Prosecuting: Daniel Mosely, Special Commissioner; District Attorney Bowen Whiting; and Charles Butler. Defense: Dudley Marvin, Mark H. Sibley, William H. Adams, Vincent Matthews and Ebeneezer Griffin. Witnesses: Israel Hall, Mrs. Hall, Justice Chipman, Elisha Adams, John Jackson, William Hotchkiss. Edward Giddings rejected as witness. | [Documents 3, 7, 29] |
| 10/14/1828 | [Niagara Special Circuit?] at Lockport. Indictments found against Solomon C. Wright and Jeremiah Brown. | [Document 9] |
| [12/1828-5/1829] | Daniel Mosely resigns. John C. Spencer appointed Special Commissioner. | |
| 5/8/1829 | Supreme Court affirms Bruce's conviction. | |
| 5/20/1829 | [Court of ?] at Rochester, Judge Howell presiding. The People vs. John Whitney. Co-defendant Gillis missing. Prosecuting: John C. Spencer. Witnesses: Eli Bruce | |
| 6/10/1829 | [Court of ?] at Batavia. Indictments found against Sheriff Thompson, Powers and Seaver. [These indictments, as well as that of Follett were removed from Geneva General Sessions to a higher court and never came to trail. | Documents 6, 8, 9, 11, 20, 26] |
| 8/1829 | Court of Oyer and Terminer for Monroe County in Rochester returns an indictment against Rev. Francis H. Cumming. | [Document 9] |
| 11/1829 | Orleans Circuit at Albion, Judge Addison Gardiner presiding. The People vs. Elihu Mather. Prosecuting: John C. Spencer, Special Commissioner; Albert H. Tracy, J. B. Coles. Defense: General Vincent H. Matthews, Colonel D. D. Barnard, William H. Adams. | [Document 15] |
| 5/1830 | John C. Spencer resigns. Victory Birdseye appointed Special Counsel. | [Document 2] |
| 6/7-10?/1830 | Niagara County Special Circuit at Lockport, Judge William L. Marcy presiding. The People vs. Ezekial Jewett of Lockport. Prosecutors: Victory Birdseye, Special Commissioner; Bowen Whiting, District Attorney of Ontario County; Mr. E. Ransom, District Attorney of Niagara County. Defense: Gen. Matthews, Ebeneezer Griffin, James F. Mason, Daniel D. Barnard. Witnesses: Milton W. Hopkins, Orsamus Turner, Eli Bruce, John Whitney, Theodore F. Talbot, Bates Cook | [Documents 2, 30] |
| 6/1830 | Niagara County Special Circuit at Lockport, Judge William L. Marcy presiding. The People vs. Solomon C. Wright and Jeremiah Brown. Witnesses: David Maxwell, John Jackson, Hannah Farnsworth, William P. Daniels, James B. Lay, Johnson Goodwell. | [Document 2] |
| 11/18/1830 | Ontario General Sessions, Judge Howell presiding. The People vs. James Gillis. Witnesses: John Whitney. | [Documents 4, 5, 13, 14] |
| 2/24/1831 | Niagara County Special Circuit, Judge Samuel Nelson presiding. The People vs. Elisha Adams. Prosecutors: Victory Birdseye; E. Ransom, Jr.; Bates Cook. Defense: William H. Adams. Witnesses: Loton Lawson, John Whitney, Isaac Farewell, Eli Bruce, James A. Shedd, Orsamus Turner, Edward Giddings. | [Documents 3, 16, 18, 19, 21, 22, 24, 25, 26, 31] |
| 2/28/1831 | Niagara County Special Circuit, Judge Samuel Nelson presiding. The People vs. Parkhurst Whitney, Timothy Shaw, Noah Beach, William Miller and Samuel Chubbuck. Prosecutors: Victory Birdseye; E. Ransom, Jr.; Bates Cook. Defense: Griffin, Matthews, William H. Adams, James F. Mason. Witnesses: Loton Lawson, John Whitney, Isaac Farewell, Eli Bruce, James A. Shedd, Orsamus Turner, Edward Giddings. | |
| 4/1831 | Statute authorizing appointment of a Special Counsel expires and is not renewed. |
| Adams, Elisha | Defendant. | [Documents 16, 18, 21, 31] |
| Benjamin, Orson | Complainant. | [Document 28] |
| Birdseye, Ezekial | Attorney, brother of Victory Birdseye. | [Documents 18, 21, 22] |
| Birdseye, Victory | Special Counsel, 1830-1831. | [Cited throughout] |
| Bronson, Greene G. | Attorney. | [Documents 7, 10] |
| Brown, Jeremiah | Defendant. | [Document 9] |
| Bruce, Eli | Defendant. | [Documents 1, 27, 28, 29] |
| Buckman, P. D. | Defendant, but this may not be a Morgan case. | [Document 25] |
| Buel, ? | Sheriff of Ontario County. | [Documents 4, 5] |
| Chandler, D. H. | Defense Attorney. | [Documents 6, 8, 11] |
| Cooke, Bates | Witness? | [Document 16] |
| Cumming, Rev. Francis H. | Defendant. | [Document 9] |
| Darrow, Jared | Defendant. | [Document 29] |
| Denison, Leonard | Witness. | [Document 16] |
| Follett, Nathan | Defendant. | [Documents 6, 11] |
| Fox, Corydon | Witness. | [Document 28] |
| Giddings, Edward [also Giddens, Gedding] |
Witness. | [Documents 3, 16, 28, 29, 32] |
| Giddings, Henry [also Giddens] |
Edward Giddings' brother. | [Documents 19, 32] |
| Gillis, James | Defendant. | [Documents 4, 5, 13, 14] |
| Hague, David | Defendant. | [Document 28] |
| Hall, Bolling | Anti-Mason (Alabama). | [Document 15] |
| Jewett, Ezekial | Defendant. | [Document 10?, 30] |
| Jewitt, Simeon B. | Defendant. | [Documents 9, 10?] |
| Johnson, Nathaniel | Witness. | [Document 16] |
| King, Col. William | Defendant. | [Documents 21, 28] |
| Marcy, William L. | Judge. | [Document 25] |
| Matthews, Gen. Vincent H. | District Attorney, Monroe County. | [Document 9] |
| Maxwell, David | Witness. | [Document 28] |
| Mosely, Daniel | Special Counsel, 1827-1829. | [Documents 16, 28] |
| Mosier, Paul | Witness. | [Document 28] |
| Nelson, Samuel | Judge. | [Document 25] |
| Perry, Ebenezer | Witness. | [Document 28] |
| Phillips, John | Witness. | [Document 16] |
| Powers, Blanchard | Defendant. | [Documents 6, 11] |
| Rumsey, Livi Jr. | District Attorney, Genesee County. | [Documents 8, 11] |
| Savage, John | Attorney. | [Document 1] |
| Seaver, William | Defendant. | [Documents 6, 11] |
| Shedd, James A. | Witness. | [Documents 18, 21, 22, 24] |
| Sibley, Mark H. | Defense Attorney. | [Document 14] |
| Spencer, John C. | Special Counsel, 1829-1830. | [Documents 2, 6, 9, 12, 20, 26] |
| Thompson, William R. | Defendant. | [Documents 6, 11, 20] |
| Throop, Enos T. | Acting Governor. | [Documents 2, 5] |
| Turner, Orsamus | Defendant. | [Documents 7, 29] |
| Weed, Thurlow | Anti-Mason, Politician. | [Document 16] |
| Wheeler, B. W. | Assistant Sheriff, Ontario County. | [Documents 4, 27] |
| Whiting, Bowen | District Attorney, Ontario County. | [Documents 1, 14] |
| Whitney, John | Defendant, Witness. | [Document 9] |
| Whitney, R. | Attorney. | [Documents 2, 4, 13, 24] |
| Williams, G. W. | [keeps legal records in Utica] | [Document 6] |
| Wright, Silas Jr. | Comptroller, State of N.Y. | [Documents 17, 23] |
The above definitions are from: The Random House Dictionary of the English Language (New York: Random House, c1966).
In the following folder listings correspondence to Victory Birdseye is addressed to Pompey, NY unless otherwise noted. All place names are in New York state unless otherwise noted.
| .1 | 5/11/1829 | Letter to Bowen Whiting, Geneva from John Savage, New York. Discusses application of laws on conspiracy in the trail of Eli Bruce and indicates he has recommended conviction. |
| .2 | 5/22/1830 | Letter to Victory Birdseye from Enos T. Throop, Auburn. Refers to Spencer's resignation as Special Counsel and asks Birdseye to take the position. Informs him that the Special Court will be held in Lockport on June 7th. Offers to request Whitney of Geneva or Fillmore of Erie to assist Birdseye if he wants someone more familiar with the subject. |
| .3 | 6/16/1830 | Letter to Victory Birdseye, Lockport from E. Giddings, Lockport. Refuses to appear as a witness because his testimony was previously rejected due to his religious beliefs. |
| .4 | 7/14/1830 | Letter to Victory Birdseye from R. Whitney, Geneva. Sheriff Buel does not wish to go to seize [James Gillis] and has recommended Assistant Sheriff Wheeler be sent. |
| .5 | 7/14/1830 | "Draft in substance of a letter to Enos T. Throop..." from Victory Birdseye. Wants Throop to request the extradition of James Gillis from Pennsylvania. Discusses the legal grounds for requesting an extradition for a misdemeanor. Also mentions some irregularity in Birdseye taking his oath of office. |
| .6 | 7/17/1830 | Letter to G? W. Williams, Utica from Victory Birdseye. Requesting certified copy of the writ of certiorari and its return in the case of William Seaver, Nathan Follett, Blanchard Powers and William R. Thompson which was removed from Geneva General Sessions by John C. Spencer, Sr. Cites D. H. Chandler as defense attorney in the case. A note is written crosswise over this letter, signed G? W., 7/23/1830, indicating that the certificate was not returned to that office and was probably returned at Geneva. |
| .7 | 7/19/1830 | Letter to Victory Birdseye from Greene G. Bronson, Utica. Discusses legal actions in The People vs. Turner, particularly the refusal of a certiorari as the sentences were not cumulative. |
| .8 | 7/23/1830 | Letter to Victory Birdseye from Livi Rumsey, Jr., Batavia. Has discussed Birdseye's previous letter with Mr. Chandler who "has showed me the original affidavits of seven of the Grand Jurors--they have sworn in their affidavits that the bill was passed by a lessr number than twelve ... should you reply taking issue I fear that the Government would be put down--should you demur[,] the facts are admitted and then we are in no better situation--As to the admissibility of the Jurors as witnesses it is a subject perhaps, worthy of some consideration. I am a mason and my opinion therefore is entitled to no weight with you--but I submit whether it would not be more honorable to the Government to enter a nolle prosequi than to contest this matter." |
| .9 | 7/26/1830 | Letter to Victory Birdseye from J. C. Spencer, Canandaigua. Discusses in depth the cases against Simeon B. Jewitt and Rev. Francis H. Cumming in Monroe County, including an implication that Cumming was the person "sending for Jeremiah Brown." Discusses possible witnesses, including John Whitney (whose sentence will be over in mid-August) and Jewitt (as a witness against Cumming). Indicates that the Attorney General is involved in Jewitt's case. Also discusses "the situation of the indictment in Genessee" [apparently the Seaver, Thompson, Powers & Follett case]. The postscript states: "I ought to mention that there is no regular District attorney in Monroe. Gen. Matthews holds the appointment temporarily, but of course he would render no assistance upon either of the indictments there, he being counsel for both the defendants, and 'advising counsel' for all." |
| .10 | 8/4/1830 | Letter to Victory Birdseye from Greene G. Bronson, Utica. The case of The People vs. Jewitt was not decided for lack of time. Believes decision must be for The People. |
| .11 | 8/28/1830 | Letter to Victory Birdseye from D. H. Chandler, Batavia. "Mr. Rumsey the District Attorney of this County some time since sent you a plea which I put in the indictment against Seaver, Thompson, Powers & Follett to which I have received no answer..." |
| .12 | 9/13/1830 | Letter to Victory Birdseye from J. C. Spencer, Canandaigua. Is indisposed and may not attend the Buffalo ancient next week. |
| .13 | 10/11/1830 | Letter to Victory Birdseye from R. Whitney, Geneva. Informs of arrest of James Gillis and notifies that Wheeler will be prosecuting. Requests Birdseye come out a few days before the trial. |
| .14 | 10/28/1830 | Letter to Bowen Whiting from Mark H. Sibley. Sibley, as Counsel for the Defence in the case of The People vs. James Gillis (indictment for misdemeanor) at Ontario General Sessions is notifying Whiting that the defendant is ready for trial. Advises that he has not sent Birdseye a notice since he does not know his address and asks Whiting to forward the information. |
| .15 | 11/1/1830 | Letter to Victory Birdseye from Bolling Hall, Montgomery, Alabama. Thanks for reply to Hall's previous letter requesting information on the trial of Mather and Jewitt and for "facts which would enable me to form a correct opinion of the tendency and effect of the Masonic institution on society..." Decries in particular the Masonic oaths. Indicates there have been 6 antimasonic meetings but "our presses to the South of the Potomac are too much under Masonic influence to admit a fair investigation." Discusses life and farming in Alabama and opposition to tariffs to protect manufactures. Requests more information about Masonry and promises not to publish Birdseye's letters without permission. |
| .16 | 11/18/1830 | Letter to Victory Birdseye from Thurlow Weed, Albany. "The confessions of Elisha Adams to me, were made under circumstances which induced Mr. Mosely to exempt me from giving them in evidence against him ... I was authorized to aprize Mr. Adams that he was only wanted as a witness, and would not be proceeded against ... he confessed, substantially, the facts to Leonard Denison of Sacketts-Harbor, and to Nathaniel Johnson, then of Utica (now in New York) voluntarily, that he related to me. ... Adams made [parting?] confessions to John Phillips and Bates Cooke ... He also had a free conversation with Giddens ... This was heard by Mrs. Giddens." Offers to serve a subpoena on Johnson if needed. |
| .17 | 12/6/1830 | Letter to Victory Birdseye from Silas Wright, Jr., Comptroller's Office, Albany. Enclosing a certificate of deposit for $405.89 to cover Birdseye's expenses as Special Counsel. Refuses to pay the fee of $170.27 for the Sheriff of Ontario for serving writs. Discusses at length his opinion about Sheriffs charging the state for their services and in what circumstances it might be acceptable. |
| .18 | 12/11/1830 | Letter to Victory Birdseye from his brother Ezekial Birdseye, Lebanon, Ohio. Has spoken with Mr. Shedd who is willing to appear as a witness against Adams but will require monetary assistance to travel to New York and fears the vengeance of the fraternity. |
| .19 | 12/12/1830 | Letter to Victory Birdseye from Samuel Hemenway, Reading, Vermont. Forwarding on behalf of Henry Giddens "the letter you desired" dated 1824. The letter referred to is accessioned separately as 1993.16.32. |
| .20 | 12/20/1830 | Letter to Victory Birdseye from J. C. Spencer, Canandaigua. "It is very extraordinary that the returns to the certiorari against Thompson and others cannot be found." Believes they were sent to the Attorney General in New York. Has rechecked his own papers and cannot find the document. |
| .21 | 12/25/1830 | Letter to Victory Birdseye from Ezekial Birdseye, Cincinnati, Ohio. He has made inquiries among his friends in Dayton about Mr. James Shedd and he seems to be of good character. Reports some of Shedd's account of events: that the abduction was previously discussed in Shedd's lodge; that Col. King appeared to Shedd to be the most active; Morgan's confinement in the magazine of the fort; Shedd was apparently part of a party including King and Adams that investigated the magazine after the fact and Shedd inferred from their conversation that Morgan had been taken 3 miles upriver and drowned, the drowners chosen by lot from among 8 men; that the men were informed "that it was worse to violate their Masonic oaths than those administered by the judiciary." Ezekial Birdseye also discusses another case in which he was involved revolving around the kidnapping of a Negro from Philadelphia by a man who was "master of Athens Lodge" and "who in co. with the sheriff had nine members of the lodge put on the jury" to prevent the Negro regaining his freedom. |
| .22 | 1/3/1831 | Letter to Victory Birdseye from Ezekial Birdseye, Cincinnati, Ohio. Mr. Shedd is on his way to New York but nervous about testifying. |
| .23 | 1/24/1831 | Letter to Victory Birdseye from Silas Wright, Jr., Comptroller's Office, Albany. Forwarding a certificate of deposit. Suggests that in future the Sheriff should charge the county for serving writs as part of his regular duties rather than Birdseye charging it to the state as expenses of the Special Counsel. |
| .24 | 1/27/1831 | Letter to Victory Birdseye from R. Whitney, Geneva. "Mr. S." [Shedd] has arrived and been put in a safe place. Whitney himself would prefer not to appear at the trial, which is set for 2nd Monday in Feb. |
| .25 | 2/1/1831 | Letter to Victory Birdseye from Wm. L. Marcy, Albany. "Events have turned out very differently from what I anticipated when I last saw you. I am not a Judge--and consequently I shall not be with you at Lockport. I understand that Judge Nelson is nominated to be my successor ... on him will devolve the duty of holding the special court in Niagara." Has not had a chance to review the papers Birdseye has sent him about the case of P. D. Buckman and he intends to pass them along to Nelson unless Birdseye instructs him otherwise. |
| .26 | 2/12/1831 | Letter to Victory Birdseye from J. C. Spencer, Albany. Still trying to locate the certiorari to no avail. Still believes the documents were sent to New York, either to the Clerk or the Attorney General. Has heard from "the N. York lawyers" that the former clerk was very careless and it was not uncommon for him to lose papers. Birdseye may need to apply for a new certiorari but there should be no difficulty as the original indictment is on file at Batavia. |
| .27 | 2/21/1831 | Letter to Victory Birdseye from B? W. Wheeler. "Mr. "Bruce's health is such that it is doubtfull whether we shall be able to reach Lockport today..." Postscript: "NB all the Canandaigua witnesses are with us." |
| .28 | 5?/1827 | [Transcript? of] Minutes of Grand Jury. "The People vs. E. Bruce." "Orson Benjamin Esq. of Bloomfield complain of Eli Bruce of Niagara County living near Lockport for being concerned in kidnaping and carrying of Wm. Morgan 12th Sept. 1826." Includes synopsis of testimony of Edward Gedding, Paul Mosier, Ebenezer Perry, Corydon Fox and David Maxwell. "Bill found against Eli Bruce--also Col. William King, David Hague." |
| .29 | 8/1828 | Trial notes. "People vs. E. Bruce. Mem. of testimony. N.B. I did not take very full notes on this trial--Mr. Mosely being the prosecutor. A report will be found in the [press?] of May 1828 far better than these notes." Inside marked: "People vs. Bruce, Darrow & Turner." Brief notes on testimony given at the trial, including testimony relative to the disqualification of Edward Giddings as a witness. |
| .30 | [6/1830?] | Trial notes. "People vs. Jewett." Brief notes on testimony given at the trial. |
| .31 | 2/22/1831 | Trial Notes. Appear to be the handwriting of Victory Birdseye. The People vs. Elisha Adams. Notes relate solely to the jury selection process including several challenges to jurors who were Masons. |
| .32 | 1/28/1824 | Letter to Henry Giddings, Cavindish, Vermont from his brother Edward Giddings, Fort Niagara. This letter was forwarded to Birdseye with the cover letter accessioned at 1993.16.19, evidently to clarify Edward Giddings' views on religion and to be used in determining his competency to testify under New York law. The first 8 pages of this letter explain Giddings' religious views in detail including his belief in an unknowable God unconcerned with human affairs, his opposition to all organized religion and his belief that the Bible is not the Word of God. Giddings may have tried to incorporate some Masonic philosophy in his personal religious views as evidenced by his reference to God as "Great Architect of All" and his belief that "the only thing he [God] asks of us is to extend brotherly love and universal charity to our fellow creatures." The remaining 2 pages of the letter are given over to personal news. |
The Livingston Masonic Library has several books and pamphlets in its collection relating to the disappearance of William Morgan and the subsequent investigations. These publications are indexed in the Library's catalog under the subject heading "MORGAN AFFAIR." The following two books were the most useful in attempting to establish a detailed chronology of the legal actions cited in these papers:
©2004, The Chancellor Robert R Livingston Masonic Library of Grand Lodge.