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Rutherford tries to stop a Jail Break

That jail sat right where Rouss City Hall resides now. There was a mob who showed up there. According to Kercheval, Robert Rutherford in 1768  tries to stop a mob from freeing prisoners accused of murder. Two men were accused of murdering two Indians.


There was sense even then not to enrage the Indians. This could incite them to seek a revenge war.


This is more interesting because only 4 years ago there was the massarcre in today's Shawneeland area. And at the same time there was an Indian attack along Cedar Creek. The Clowser family to this day conducts a yearly ceremony to observe those attacks on their ancestors.


Even more interesting is Robert Rutherford's attempt to stop this mob. Robert Rutherford was a Captain of a Ranger Company that scoured the woods for any Indian enemies during the French and Indian War. Kercheval writes, "The late  Robert Rutherford attempted to harangue the mob upon the impropriety and danger of their proceedings ; but he might as well have addressed himself to so many lions or tigers."


The sense that killing these 2 Indians could start a new Indian War is powerful.


There is also a sizeable group of people who don't care. To them, no Indian can be trusted. Kercheval observes, "Although the Indian hostilities had entirely ceased, too many individuals were smarting under a recollection of the outrages they had but recently experienced at the hands of their merciless, savage, and implacable foe. "



One of two accused, William White, was quite popular and respected for his help against the Indians.


Because of White's popularity, an Abraham Fry roused "55 or 60 volunteers" to free the two accused out of this county jail.


Only 4 years prior, In 1764, the White family had a forted home on the base of Great North Mountain. They tried to warn and save the families in the area. They were not successful. About 23 were killed, wounded or taken hostage in the Shawneeland area and north of it. There is a place known as the Clowser House near the water wheel at the front entrance to Shawneeland to commemorate that memory and their ancestry.


The other one of the accused? He was the Irish servant of William Crawford. William Crawford gains national fame when he dies at the stake in slow execution by the Indians June 11, 1782.


Another curious matter in this story. Why did this mob park all their horses at Hollingsworth's place (Abram's Delight)"? And then the mob walked all the way from there to the jail located where Rouss City Hall resides now. At the time it appears the Hollingsworth's place (Abram's Delight) was empty.



Here's the story Kercheval tells:


In the year 1768, Capt. William White, a brave and active Indian fighter, made a visit to Col. Wm. Crawford, who had removed and settled at the Meadows in the Allegany mountains. White lived on Cedar creek, and Crawford had lived on Bullskin. They had been out together on Indian expeditions; of course were well acquainted.


Crawford had an Irish servant, a pretty stout and active man, who was permitted to ac- company White on a hunting excursion. They had not been out long before they discovered two Indians in the glades. The latter, the moment they discover- ed the two white men, flew behind trees, and prepared for battle. White and his Irishman, however, soon outgeneraled them, and killed them both.


They were soon after apprehended, and committed to Winchester jail on a charge of murder.


But White had rendered his neighbors too many important services, and was too popular, to be permitted to languish loaded with irons in a dungeon for killing Indians.


Although the Indian hostilities had entirely ceased, too many individuals were smarting under a recollection of the outrages they had but recently experienced at the hands of their merciless, savage, and implacable foe.


Soon after White and his partner in the charge were committed to jail, Capt. Abraham Fry raised a party of 55 or 60 volunteers, well armed and mounted, to effect their rescue.


They dismounted near the present site of Mr. Isaac Hollingsworth's dwelling house, where they left their horses under a guard of a few men, and marched into Winchester about daybreak next morning.


They repaired directly to the jail door, knocked up the jailer, and demanded the keys. The jailer hesitated, and attempted to remonstrate. Fry presented his rifle, cocked it, and peremptorily demanded the keys, telling the jailer he would be a dead man in one minute if he did not deliver them. The jailer quailed under the fiery countenance and stern menaces of Fry, and complied.



INDIAN INCURSIONS AND MASSACRES.


Fry placed a guard at the door, went in, knocked off their irons, and took the prisoners out.


The late Robert Rutherford attempted to harangue the mob upon the impropriety and danger of their proceedings ; but he might as well have addressed himself to so many lions or tigers.


As Fry's party marched into the town, it created considerable alarm and excitement. The women, half dressed, were seen running from house to house and calling out, " Well done, brave fellows, good luck to you brave boys."' This cheering of Fry's party at once convinced them that the public sympathy and good feeling were on their side. The prisoners were taken off and set at liberty.


Capt. White afterwards distinguished himself at the bloody battle of the Point, under Col. Sevier.




That's it.

That's our lead story.

There's always more.

Skip around.

Read bits and pieces.



Compiled by Jim Moyer 7/17/2024, 7/18/2024, 719/2024, 7/20/2024, 7/21/2024, 8/1/2024



Table of Contents








 

Who is the Sheriff?

Robert Rutherford is not a Sheriff in 1768. Nor is his brother Thomas. But Thomas Rutherford is a Sheriff from 1770 to 1772. Were either of the Rutherfords deputies?


The Sheriff in 1768 at this time was most likely John Hite. His term ends November 1768. His Sheriff term was 11/6/1766-11/5/1768. Unfortunately we don't even know what month this incident occurred. Isaac Hite was the next Sheriff. His term was 11/5/1768-11/7/1770. See list of Sheriffs of Frederick County VA.




 

Where is the Jail?

The jail, according to Cartmell and Morton was on the corner of Boscawen and Cameron, where Rouss City Hall resides.


Winchester Tales shows a picture of a jail door.


The jail in the picture labelled 1757 here might have had a different jail door than the new one built in 1790 lasting to 1843. Then it became a yard to hold horses until Rouse City Hall was built on that corner.


Winchester Tails shows a picture of a jail door.


Orientation of this picture has North to the left, east is upwards.


This picture shows the jail on the east side of Cameron (or Market). We believe this is incorrect. It was on the west side.





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Kercheval's sources for this story


Are there any other sources other than Kercheval's interviews of some old guys?


Is there any evidence by the contemporaries writing about it?


We have found none. But absence of other evidence does not mean evidence of this not happening. We hand this to our readers. They might have found other evidence of this story.


Here Kercheval reveals the sources for his story. It all depends on the memory of some old guys who were alive when it happened.



The author had heard something of this story more than forty years ago.


The late Capt. James Wilson, of the tieighborhood of Stephensburg, had stated some of the particulars, but not sufficiently connected to give to the world. The author was therefore apprehensive that he would not be able at this late period to collect the facts.


Whilst engaged in obtaining materials for this work, he called on the late Thomas Newell, of Shenandoah, and among other things inquired of him whether he had any knowledge or recollection of the aifair. This venerable man, then ninety-three years of age, in his second childhood, and his recollection of recent events entirely gone, the moment the inquiry was made, with much animation and a cheerful countenance, replied, " Yes, my friend, I reckon I can tell you, when I was one of the very boys."


The author then asked the old gentleman whether he would have any objection to his name being given as authority, and as one of Fry's party. He replied with equal animation and emphasis, " No, my friend, I always gloried in what I did."


Moses Russell, Esq. informed the author that his two elder brothers were of Fry's party, and that if he had been old enough, he would doubtless have been among them. But he had more than once heard one of his brothers



INDIAN INCURSIONS AND MASSACRES.



speak of this occurrence with great regret, and lament the part he had taken in it.


Gen. Smith recollects hearing much said on this subject soon after he came to Winchester to live. To say the least of it, it was a dangerous precedent in a civilized society.


There is another individual now living in the neighborhood of the author's residence, v/ho was of Fry's party, and is now about 80 years of age, who was an active and useful character in the war of the revolution, and from him the author obtained many particulars of this occurrence ; but as he never formally authorized the use of his name publicly, it is withheld. It was from the information of this individual that the author was enabled to find the year when this important occurrence took place.


After the most diligent inquiry, the author could not ascertain whether the murder of these two Indians was followed by any acts of retaliation on the part of the savages.





 

Samuel Kercheval


Wikipedia bio

"Samuel Kercheval (March 1767 in Frederick County, Virginia – 14 November 1845 in Middletown, Virginia) was a Virginia lawyer and author. His A History of the Valley of Virginia (1st edition, 1833) provides important primary information on the earliest white settlements of the Shenandoah Valley and South Branch Potomac River and their encounters with local Indians.

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His Valley of Virginia was so popular that the first edition was soon exhausted. He died before the second edition came out.He lived at the time of his death at “Harmony Hall” between Strasburg and Middletown."



Versions of his popular book, A history of the valley of Virginia:


First edition, 1833: Winchester, Virginia: Samuel H. Davis; 486 pgs.



Letters to and from Thomas Jefferson


Samuel Kercheval chose a fake name to write to Thomas Jefferson because the information was sensitive:


Proposals to Revise the Virginia Constitution: Thomas Jefferson to “Henry Tompkinson” (Samuel Kercheval), 12 July 1816,” Founders Online, National Archives,






Letters to and from James Madison


Samuel Kerchival lived at the time of his death at "Harmony Hall" - wikipedia,








 

William White


There was a father and son who lived at the eastern side of Great North Mountain near Hayfield VA. Only 4 years before this story, the Whites had tried to save the families from Indian attack. The Whites had a forted home surrounded by a stockade. But their efforts failed. Several families were killed, wounded, taken hostage.




 

Robert Rutherford

No letters by any Rutherford to Washington in 1768. Nothing in Founders Online to support or deny Kercheval's story.




Robert Rutherford, who tried to stop this mob had a brother Thomas who was a Sheriff only later. Thomas wasn't Sheriff of Frederick County VA until later. Thomas Rutherford was sheriff 7 Nov 1770 to 1 Jan 1772.


So Robert Rutherford had no official authority or official authority from his brother to back him up.




More stories on Rutherford:


Rutherford's Rangers


Rutherford's Rangers Fears Realized


Rutherford's Rangers and the big T Route




 

Abraham Fry

There was a Fry on Cedar Creek who headed a militia.


We are still researching if Samuel Fry noted below is related to Abraham Fry.



Rutherford of Rutherford's Rangers writes a letter 28 June 1758 to Colonel George Washington how his company of Rangers is too split up to defend this area while some of his Rangers are being ordered by Colonel George Washington to garrison Fort Loudoun in Winchester VA.


Rutherford had under him a man named Samuel Fry (Benjamin Fry's son) who chase after Indian in the Warden's Fort area back to Short Mountain. Some of our reenactors of the Virginia Regiment Capt George Mercer Company live on that Short Mountain.


Source:




 

William Crawford

This Crawford is famous for how he died. He was burned at the stake and mutilated by Indians. This became nationwide news. A song was made of it. He is also interesting for his lifetime association with George Washington. He survey with and for George Washington. He is known in Ohio (where he was burned at the stake) and in Pennsylvania (his later homeland) and in Virginia where he started with Washington surveying.


Simon Girty knew William Crawford, friend of GW

Posted May 7, 2021


William Crawford Burned at the Stake

Posted Aug 30, 2016


William Crawford

Posted Feb 1, 2016




 

Bullskin


George Washington owed a lot of land here in what is now West Virginia. It is near Charles Town, a town created by George Washington's younger brother, Charles. This area was surveyed by William Crawford for his friend George Washington.





 

Cedar Creek


There were 3 forted homes along this creek.





 

Isaac Hollingsworth's place


This is Abram's Delight. But it was empty in 1768. Abraham Hollinsgworth first built a log cabin here. He died in 1748. His son Isaac built the stone buiding in 1754.


Isaac Hollingsworth lived at Abram's Delight until 1757, then moved to Waterford, Loudoun County. "There Isaac died 10 Sept 1759, aged 37." Could he have died from Small Pox? James Wood, founder of Winchester died Nov 1759 from it. Christopher Gist, Captain and scout of Colonel George Washington, died of it in July 1759.


Isaac's wife lived until 10 Sept 1805. She is buried alongside Isaac in Waterford Loudoun County. Did any of their children reside in Abrams Delight in 1757 or later?


We only know of one son, Jonah Hollingsworth living there. He was born in 1754, so he would not have been old enough to live there on his own at age 14 in 1768. He married in 1778. He then had 13 children. By 1800 he expanded Abrams Delight to accomodate his large family. So some time after 1768 or at the time of his marriage he moved into Abrams Delight.


So when this mob raised by Abraham Fry parked their horses there, Abrams Delight was empty.



Sources:

Winchester Frederick County Historical Society

Pages 19-20, "The Hollingsworth Family" by Mary Jane Joliffe Light, 1997 Volume X

Pages 31-33, "Abram's Delight 1754-2004" by Mary Virginia Carson, 2005 Volume XVII


 

Colonel John Sevier




 

Thomas Jefferson


The Works, vol. 12 (Correspondence and Papers 1816-1826)







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