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Historic Pelham Blog Archive
February 15, 2006
350TH ANNIVERSARY CELEBRATION
BOOK: "THOMAS PELL
AND THE LEGEND OF THE PELL TREATY OAK" -- $11.95 (PROCEEDS AFTER
PRINTING COSTS WILL GO TO
BARTOW-PELL MANSION MUSEUM).
CLICK HERE TO BROWSE BEFORE YOU BUY!
LEARN MORE.
Wednesday, February 15, 2006
The First Lawsuit Ever Filed Against Pelham Manor?
Review of the records of the Pelham Manor Protective Club has revealed
another interesting tidbit -- evidence of what seems to be the first
lawsuit ever filed against "Pelham Manor". The suit was filed in early
1889 which was, of course, two years before the actual incorporation of
the Village of Pelham Manor. The suit was filed against the Pelham Manor
Protective Club in connection with the role it played as a virtual village
government servicing the needs of Pelham Manor residents who were
dissatisfied with the attention they were getting from the Town of Pelham.
Today's Historic Pelham Blog posting will provide a little information
about the suit.
For those who wish to learn more about the Pelham Manor Protective Club,
see the following:
Thu. February 2, 2006:
The Day Residents of Pelham Manor Decided to Incorporate a Village
Wed. Jan. 25, 2006:
The Pelham Manor Protective Club Flexed its Muscles in the 1886 Town
Elections
Tue. Jan. 24, 2006:
1890 Circular of The Pelham Manor Protective Club on Lamp Lighting
Wed. Feb. 23, 2005:
The Westchester County Historical Society Acquires Records of The Pelham
Manor Protective Club from Dealer in Tarrytown
Mon. Jan. 23, 2006:
The Beginnings of Organized Fire Fighting in Pelham Manor?
Bell, Blake A., The Pelham Manor Protective Club Founded in 1881, The
Pelham Weekly, Vol. XIII, No. 24, Jun. 11, 2004, p. 12, col. 1.
During the 1880s, the area that had come to be known as Pelham Manor was
plagued by "tramps". The Pelham Manor Protective Club prepared posters to
be displayed throughout the region offering a ten dollar reward for the
arrest and conviction of any tramp. The minutes of the Executive Committee
of the Club contain a list of the many locations where such posters were
placed. Among the many locations of such posters were places near the
Bartow Station on the Branch Line and along today's Shore Road near the
structure known as the Bartow-Pell Mansion.
The posters were placed, of course, for reasons including their deterrent
value. Tramps were known to ride the Branch Line and were discovered on
several occasions living in small encampments within what later became
today's Pelham Bay Park when that area was part of the Town of Pelham.
Pelham Manor residents hoped "tramps" would see the posters and move on to
other communities.
The By-Laws of the Pelham Manor Protective Club, however, provided that
the Club's protections extended to all areas within one mile of the Pelham
Manor Depot once located at the southeastern end of the Esplanade near the
barrier that separates I-95 from the surrounding homes. This limited area
of the Club's self-imposed "jurisdiction" was responsible for the dispute
that led to the lawsuit that is the subject of today's posting.
Minutes of the Club's Executive Committee meeting held on February 1, 1889
indicate that the Secretary of the Club, James F. Secor, Jr., had received
two "bills" from two men who claimed to have arrested four tramps near
"Bartow barn", one of the structures near Bartow Station on the Branch
Line. This area was beyond the one mile radius that the Club considered to
be within its jurisdiction. Yet, the Club had posted signs throughout that
area offering a reward of $10 for the arrest and conviction of tramps. The
minutes of that Executive Committee meeting indicate that "[o]n Motion the
Secretary was ordered to return the two bills presented for arrest of four
Tramps, to the senders and notify them that the Club must be notified at
the time of the arrest and that Bartow barn is not in Pelham Manor." The
two men who "arrested" the tramps were named Edward Kelly and Peter
Goodwin.
According to the Club's minutes book, at the following Executive Committee
meeting held on March 1, 1889, the "Committee on Tramps reported that
Edward Kelly and Peter Goodwin, had served the Secretary, with summons of
suit for the recovery of Award for the arrest and conviction of four
Tramps, arrested in Bartow barn, and Mr. [Carles F.] Merry was requested
to attend to the matter".
The Executive Committee seems to have realized at that meeting that its
position in defending such a lawsuit might be week. The Executive
Committee approved a new form of "tramp notice" for posting in the region
and authorized the "Committee on Tramps" to print the new form of poster
and replace the old ones throughout the region. According to the minutes
of the meeting, the new "Tramp Notice" read:
"Reward. Ten dollars will be paid by the Pelham Manor Protective Club, for
the Conviction of any Tramp or Vagrant, arrested in Pelham Manor, Provided
that after such arrest his prosecution shall be requested by a member of
this Club or a resident of Pelham Manor. A reward of one dollar will be
paid for the arrest of any one defacing or destroying this notice. By
order of the Executive Committee.
A little more than a month later, the matter seems to have been resolved.
According to the minutes of the Executive Committee's April 8, 1889
meeting: "Mr. [Carles F.] Merry reported that he attended the Court at New
Rochelle in the suits of Kelly and Gordon and had arranged for
compromising their suits and claims, by the Club paying them fifteen
dollars each, in full for their claim and expenses of suits. And the
action of Mr. Merry was approved and the Treasurer was instructed to pay
the amount as agreed upon".
This episode certainly seems to be the first -- and perhaps only --
lawsuit filed in connection with the Club's activities during its
decade-long existence. In a way, it can be viewed as well as the first
lawsuit against "Pelham Manor".
Please Visit the
Historic Pelham
Web Site
Located at
http://www.historicpelham.com/
Click here to see a
single index of all Historic Pelham Blog Postings to date.
posted by Blake A. Bell @
4:56 AM
Comment
Click Here To View the Actual Blog
Posting for February 15, 2006.
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