Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1897-10-30
JOLLY JOE DISBERRY
CAREER or A THIEF or RENoLU-
TIONARY TIMES.


Gated, His Ears Cut on and Imprison-
ment For FL Years Imposed Upon Him.
About the close Of the Revolutionary
war a notorious character named Joe
Disberry lived about Selinsgrove and
Sunbury, on the SHsquehanna. Whence
he came is unknown. but he is supposed
TO have been Of Connecticut origin He
is reputed to have been possessed Of
great physical strength and powers Of
endurance, could excel in running and
Jumping, and in thieying and lying had
no equal along the river. He was of
humorous disposition also and FREE
quently INDUCED in amusing pranks
while engaged in plying his avocation.
1t is related Of him that ON more than
one occasion he was known slyly to en-
ter the kitchen Of a family when all
were in bed, start up the fire and cook
himself meal and leisurely eat it. If
discovered, he relied ON his swiftness of
foot to escape. Finally his thefts be-
came so numerous that the whole neigh
borhood arose against him, and he was
arrested and confined in the rude Jail Mt
Sunbury, but as it was not very secure
he escaped, and Sheriff Antes offered
reward for his apprehension. Joe took
refuge on the isle of Que and concealed
himself in a dense thicket He might
have eluded pursuit but for his inordi-
nate love for perpetrating jokes. While
lying in his place of concealment near
the road which crossed the island Joe
heard the footsteps of horse and, slyly
peeping from his covert, discovered the
sheriff wife approaching on horseback
on her way to Selinsgrove. Quickly
stepping into the road, he pulled off his
hat, made polite bow and as quickly
disappeared in the bushes. The aston
ished lady, who knew him, hurried ON
to Selinsgrove and gave the alarm.
A party headed by George Kremer,
afterward a member of congress, was
hurriedly made up and went in pursuit
of the refugee. He was captured and re-
turned to the custody of Sheriff Antics
at the Jail in Sunbury He was tried
and convicted, and his sentence is one
of the strangest found in the annals of
criminal history in Pennsylvania. The
quarter sessions docket, still preserved
among the court records at Sunbury
for September term, 1784), shows that
he was convicted of felony, and the fol
lowing sentence was imposed:
Judgment - that the said Joseph
Disberry receive 80 lashes between the
hours of and O'Clock tomorrow; to
stand in the pillory one hour; TO have
his ears cut off and nailed to the post;
to return the property stolen or the
value thereof; remain IN prison three
months; pay fine of $50 to the honor
able the president of this state for the
support of the government and stand
convicted until fine, fees, ETC., are
paid.
This remarkable sentence shows the
estimate that was put on Joe as GRIM
inal. The whipping post and pillory
stood in the public square i'll Sunbury,
and the spot can still be pointed out.
Colonel Henry Antes the sheriff, di-
rected the whipping if he did not do it
himself There is no record to show
who did the ear cropping, but as the
surgical operation fell to the sheriff it
is presumed that he did. Among the 10
men who composed the jury were sew
eral noted Indian fighters and Reyolu-
tionary soldiers. Peter Hosterman, fore
man, was active as militiaman and
had command at one time of a company
to repel Indian attacks. Adam and Mi
chael Grove were famous as Indian
scouts and were engaged in several
bloody encounters with the savages
This severe sentence did not cure Joe of
his thieving propensities, for the quar-
ter sessions docket for August term
1898, shows that he was arraigned and
tried on three indictments for robbing
the houses of Philip Bower, Peter Jones
and Isaiah Willitts and convicted on
each. The Hon. Jacob Rush, president
Judge of the judicial district, was ON
the bench and imposed the following
sentence:
"That the prisoner, Joseph Disberry,
forfeit all and singular his goods and
chattels, land and tenements to and
for the use of the commonwealth, and
undergo a servitude of seven years for
the burglary committed in the house of
Philip Bower, and be committed to the
house of correction, pay the costs OF
prosecution, etc. The court then SEN
fenced him on the two other indictments,
seven years each, and continued: THAT
the defendant be conveyed to the Jail
and penitentiary house of Philadelphia
TO undergo the servitude aforesaid for
the term of 81 years And that the said
Joseph Disbery be kept for the space
of two years in the solitary cell out of
the term of 81 years. ("
When the sentence was being de-
livered, Joe was an attentive listener,
and when the last ''seven" was pro-
nounced he broke in with the remark,
why, judge, three times seven are
2ll" which caused the audience to
smile Joe was brought to this city and
served his long sentence, which expired
in 1919 He returned to his old haunts
about Sunbury and Selinsgrove an old
man, but as merry as ever His long
and frequent punishment failed to make
an honest man Of him, and he continued
to pilfer wherever an opportunity offer
cd The date of his death is unknown,
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