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Facts and Events
Tapestry
THE MIDDLETOWN MURDER OF 1768
THE RECORD:
This stone house was built by George Everhart (Frey); here he kept a store and tavern….In this building, March 3d, 1768, a man named Henry Cowan had a quarrel with a negro, a slave of Colonel Burd's; he pursued him to the Colonel's residence, and in the affray which followed was killed. On the 6th of March an inquest was held in Frey's house by the coroner of Lancaster county, Mathias Slough….The negro was convicted of murder, imprisoned, and afterward sold out of the Province.
Hutchinson, C. H., The Chronicles of Middletown, Containing a Compilation of Facts, Biographical Sketches, Reminiscences, Anecdotes, page 99.
(Page 34)
(To Edward Shippen, Jr. Esq. in Philadelphia)
Lancaster 7th March 1768.
Dear Sir,
I have just returned from Middletown, whither I went on hearing the melancholy affairs which _____ happened there through the Imprudence of some Waggoneer, and the Villainy of Mr. Burd’s Negro Jim. From the Depositions forwarded you by the Coroner, you will perceive the first Original of the Quarrel which terminated in the Death of Henry Cowan, and the Commitment of the Perpetrator of the fact to the Gaol. I would not attempt to _____ or palliate the offence of the Negro, but am of opinion, if he had not been pushed to the last Extremity he _____ not have committed the fatal Deed. I was present at Mr. R____’s having his Inquest. I was not a little surprised from the _____ __________ by the jury, that they found the facts ____ ____ in the Inquisition. _______ ______ appeared from the Testimony to have been made by the ______, and tho’ Jim behaved rudely and _______ yet he was not found to have formed any intention of doing mischief, until greatly provoked. The Prejudices commonly entertained against Slavery give Rise I fancy, to the Verdict of the Jury, added to the bad Character the Fellon generally bore. Both your Father and Mr. Burd are desirous of a Trial, as soon as possible, & propose it to be brought on the 26th or 28th of the month, as _____ may _____ after our Constable’s Court. I request you will for that Purpose forward the Inquisition & Depositions here before the Court….
(Page 41)
(To James Burd Esq. at Middleton) (and Major Ward)
Lancaster March 23rd 1768.
Dear Sir,
I _______________ _________ by the Rev. Mr. Barton a letter from your Brother Edward _______________ me a new Commision to Mr. ________ & Dr. _________ for the Tryal of Negroes in this County, together with the Inquisition on Henry Cowan and the Depositions sent him by the Coroner. The Commission remains a __________ ____________ for Reasons of your Father’s as he supposes there was some mistake in __________ Mr. Carpenter owing to a Letter he wrote to Phila. _________ _____________ _________ It seems from your Brother that I am to _________ ____ Attorney for Jim’s Prosecution, which I would gladly avow on a Family discount. The Friends of the dec’d have also retained Mr. Ross on the Part of the _________ to ________ a the Tryal, which at his Desire & Request will ___________ on _________ of next month being Monday Week, at which Time the several Wiutnesses must necessarily attend, of which you will please to give them Notice.
I believe Jim expects to die. I saw him in Gaol & he appears penitent & heartily sorry for the Fact: the Dutch Calvinist Minister has paid him one or two Visits in his Confinement, & is endeavoring to prepare the poor unhappy Creature for another State of Existence….
(Page 43)
(To Edward Shippen Jun. Esq. In Philad.) (& Dr. H_______)
Lancaster April 5th 1768.
Dear Sir,
Inclosed is an open letter to his Honour the Governor aquainting him of the Request of the ________ of the Conviction of Mr. Burd’s Negro of Murder. I beg you will take the trouble to seal and deliver it to him as soon as possible may be. I don’t apprehend there is any Necessity to transmit a Transcript of the Record, as the Court under the Law for Trial of Negroes are vested with the Power of awarding Execution of the Sentences passed on the Criminals. I have _________ ___________ ______ ________ Freehold ___ Valuation of Jim, under their Hands, being L90. I will p_____ an order on the provincial Treasurer after his Execution. From the Evidence at the Trayl, there appeared Strong presumption of Malice against the unfortunate Cowan, previous to any Strokes given on either side, or ____ assault. The Testimony of the Waggoneers who were present at the Beginning of the Quarrel, & who did not attend at the Coroner’s Holding his Inquisition sets the matter in a somewhat different Light from what appeared _____ by the Case; and the general bad Character of the Negroe completed his Fate. Mr. Ross was retained on the Part of the Crown to assist in the Prosecution by the Relations of the dec’d….
Jasper Yeates Letterbook (transcribed), Lancaster County Historical Society, Lancaster, PA.
THE ANALYSIS:
Henry Cowan died from a knife wound he received in a quarrel with Jim, a slave of Mr. Burd. The argument began at a tavern in Middletown, Lancaster County, PA. This settlement was on the west side of the county, far away from Salisbury Township, on the far eastern side. But from the Yeates letterbook, it is mentioned that Henry Cowan was a wagoneer--in other words, he was a teamster who made his living hauling items. Middletown was on the Susquehanna River, making it an obvious destination for shipping up or down the river. In the absence of records of other Cowans during this time period, it is assumed he was one of the Salisbury Township Henry Cowans.
It would be extremely doubtful that this Henry Cowan was the one who appeared on the Pequea Township tax rolls of 1721. If he were still living in 1768, he would be quite old, undoubtedly past 70 years. The victim would more naturally be on of the younger Henrys. He could not be Henry, the oldest son of David Cowan. That Henry died unmarried in 1760. While his will is lost, the particulars of his death and disposition of his estate are outlined in a number of deed records pertaining to the David Cowan estate in Lancaster County. The victim could not be Henry, the son of John Cowan. That Henry Cowan married Jane (Jean) Varner in 1753 and his life post 1768 is well documented. By process of elimination, the victim was most likely the Henry Cowan who married Mary Byers at St. James Episcopal Church in Lancaster in 22 October 1761. He was probably the Henry Cowan, Jr. who witnessed the will of John Cowan in 1759.
Mary Byers Cowan and at least two daughters are believed to have moved to Rowan County, North Carolina where many of the Pequea Creek Cowans had already settled. There, she is believed to have outlived two subsequent husbands, and reverted to using the Cowan surname after she was widowed the last time. She is believed to be the Mary Cowan who died in 1815 and is buried in Third Creek Presbyterian Cemetery in Rowan County, NC. The case for her identification will be made in a future submission.
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