The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-20

the exssutien Of tho deed and therefore the sarvv
III. proof Of tho death Of this trustss
ana which contain. o the sea 81 tS
deaths Of the Hornbsck family to which tho colonel be-
Onged Tho date Of his birth which ia there in the
January, IRIS This deed Of settlements YOU win reco
ec Of the 18th February succeeding he died. there
according . this record hsss
contains the births and the deaths Of his brothers
and sisters One Of the family; who was . witness,
born in l797 and that he had known this old Bible in his
fathers family from his earliest recollection, and that
the record Of the births and Of the deaths in the family
apparently the same-he had no doubt, the same
from the time he first recolectsd IT, it then ap
peared to him, and that the Bible had continued
ness, was a linsal descendant from Ladowick, one
of the brothers of Colonel Jacob Hornbsck;
The next piece Of evidence offered is exempfed copy
of the minutes of the proceedings Of the Governor and
council of appointment of this State under date Febru
the 2lst 1878. sitting at Poushkeepsie Governor
days after the date of this deed which was the 18th
contains aecord Of the appointment of Joseph Hasbroo
Colonel Of the militia Of the county OF Ulster
vice Jacob The third piece Of evidence
minute in the book Of the Of Rochester
under the date of the 10th of April ITS 1t is the old
Dewitt and Joachim Schoonmaker, the two surviving
trustees had examined the books and papers of the
tees Of the widow of Col Jacob Hornbeck and then they
detailed list of the accounts of the town. This
little short of two months after the date of the deed
The fourth piece Of testimony deed dated Feb 1779
from Andrew Dewitt one Of the late trustees Of Roches
ter and survivor of Jacob Honbeck deceased to the
ccedipg trustees Of the town. This about year
after the execution Of the settlement deed The fifth
item of evidence is Endorsement the back Of the
field book the handwriting of Cockburn the surveyor
containing memorandum, that the deed Of settlement
was made the 18th OF February, 177S by Andrew De-
witt, and Joachim Schoonmaker, the present trustees
ol James Hornbeek having died in january, stating
the names OF the other parties to the deed This is the
evidence that has been furnished on the part Of the
nor .nYAcu ti n a0t-
tement deed by Of he trustees Jacob Hornbec and
showing or tending to show that he died previously to
purpose Of proving the fact and OF the death Of the
trustee the time when it took place; aud don't reco
ect that we have any evidence upon this branch OF the
case tending to disprove it. 1t was an event that oc
CURED some seventy five years ago No living witness
who was Of sufficient age at that time can be expected
at this remote be produced to testify in rela
uon 10 Inc TACT from personal knowledge. All the
parues VINO IN tnat tran:acuon ana lhee
ioe mad knowieoge o. TINS event with the other cir
living at the time who may have had such know
aeoge, thougn not participating nave passed away
ors 'o of s 10 s s and
~ w IN reIuon 70 TINS unfortunate controversy
s ,ne ngnest EVIDENCES tnst can pc exacted OF
OF sne OF OF any OF the iscts connected with
snoect Inc Ieeoras 10 oe found In ancient family
.h Hth .h ths n,Sst evidence OF
rhsy are ike nsereon rhe 81
a aie Ao s IN JON INSTANCES, usual
~ or under tne decton Of the members Of the ami-
=
ana renee on Inen 10 relation 70 tns
is9e " MI cocAoarn, enaorseo upon tne pack o the
led book It is also Evidence not only competent as
hot prove ae act o. Inc death 9. as
ma. 1me; put under Iae ercamsaness eAhled to very
weignt ana inhuence. ne was one OF the
seems selected by both OF parties to run
aI me hne ana estaSsn IT, ana assist IN carrying into
meet lac agreement Oh Zlst june i.o me settement
sea' LINK, was IN me OF magram ms ssso
a,e was witnessed oy Cock purn ana proved Dy MINI
mo 70 the memorandum upon IT. was RECORDED
Ill Tue once & az IVA. as
acting Tor and on behalf o. the parties Inc
tcord, therefore, MADE by him uncer these crcum
.ahces net simply that OF third person un connected
siin the TRANSACTION, put oy person IN some re.
poets the parties themselves and in that
siec: atnouen not the same yet In some respects re-
em5ng me record Or minute made y the parties 50
nuch sentiemen 1or the testimony IN respect to the
IAN OF ooione jacob h3fnoeck as bearing upon the
70 oe gwen 70 ms aeea 81 .este%ent Iaen
en az tne preceding annual town meeting did not
gn tnIs oeea Inc cnarter, as you WIZ recoi-
sIi .ud di1Nn .he power aPSn .ne trustees 70
sM anu aispose OF the nnas WITHIN the town,
Ia " me same WIN tne aovice o. TWO Tree
oloefs and 81 the town Now 1t Is said that
nose tMo mus IN the charter
the disposition or management Of the property BY the
t asaees, aiu no. JON N TINS conveyance, ana
hst tha aasa power no! properly sSecrrea ana
nss tno oeeu - inVPerause ana voio. Inc an
VA 49,. ~ LIS vpJ1Slon Inc agreemens OF
's,dsrl o. yane =, so recites inat three free
tSs ssms onS e ihe Town on .ns n Q. June
~ IN. n 20 asss. .ns tns
Yin WarnbI $500 IN Ia. are gwen: nenJa
IN ao.npT raeuolicA nofnDecA, ano Johannes
g ~ al 'nen ssheo tue seuue.neht
= agieeineu. WIZ tne Mnstees, anu al three
az -; .Lt 49, ;, " Ss.se"en., showing ,nere
40 - "a; -. s vey speciaI oos ~!
80, - ; s par 20 ., a, u cnar'er. W uouo. tns
~. a ppt; az. =. VIC 'iree % . so'nhi1.ee-to as-
= th ;. - - w. I: niaue "a cpns.Iuonce
I. - . =; 1r Ie u 'e prucesns anu graf ineres.
-; 81 r. ~ e asase se.,eent oI .his iong asputed
-. ~ uis In; .ne sgrecnsns rec'te vas
,uhTc ~ amars - 's o ~ put 70 .ne
~ a. - sue.i ms oehe'c Re1sienen, closes
- uo .,o-hony; SO i,I as resa,us tne agree
:, eha " ITO, inu lhe usta OF sstIemens OF lUo.
apVI .ieSe 9eheraiy ann aiso upon
a " ns, .he pants nave gwen IN evidence
eas " u eAec,.eu " 'nc uus.ees OF sne Town. SUD-
dar,a aI I'm ~ wnicn .ec1xnzed ana 70 measure
peu 'ig my az sctneu lnsIe - oeeq from tne
" i'In sra proaubeao upueI oa.e "a June 1876
ne PROMISES ne upon ,he sou.h east soe OF tne settle
uena mne, WITHIN tne Hocnss'er tract, running up
= .ie ,ne ana tue 10y bounced upon tne same ms
"a aDout hine years a.er me me was hxed.
= aso ueed from .ne trustees 70 onris .opler
.aa Lis, June Ifo4 u appears from the recitais
bs oeeo tnat was given iorsiand wnicn the rus-
ees OF me oHn nad previously conveyed 70 hirstead
Wncn ne nad ost ID consequence OF the lot having
aien within the HaTds n6urg patent according
tbe Inc as settied. lie mad lost the title upon
le set,ement Of the Inc, as II was not one Of |
le TOUR pieces Whcn had oeen previously conveyed
tue town OF kochkster that mad beeen reserved in the