Welland History .ca

The TALES you probably never heard about

CRIME AND PUNISHMENT IN EARLY NIAGARA

[Welland Tribune, July 1984]

By Sheila Hird

A study room of the Niagara-on-the-lake library was once used to imprison criminals.

The room served as the solitary confinement cell of the first jail in the Niagara Peninsula.

Early document show that the most common crimes committed by the first settlers were assault and battery, uttering profanities in public, larceny, and participating in riots.

Punishments included banishment, the pillory, whipping and hard labor.  Punishment for keeping a disorderly house was three months in jail and one and half hours in the pillory. For stealing goods from a store, the penalty was two months in jail and two public whippings.

Many of the early punishments and laws were very unusual. For example, in 1819, Rev. Henry Ryan, the Methodist Superintendent for Upper Canada, was sentenced to 15 years banishment for marrying. Early records refer to a Stump law, which stated that any person arrested for drunkenness had to remove a certain number of stumps from public property.

Execution was a common punishment for crimes ranging from horse stealing to murder.

The earliest recorded execution in Niagara’s history was that of Mary Osborne London and Georges Nemiers on August 17, 1801.

This execution was the final stage of a love triangle that began when Barth London left a family and a homestead in Pennsylvania to become one of the first settlers in the Niagara region. He took in a 28-year-old widow as a housekeeper and, after getting the girl pregnant married her.

George Nemiers, a young farmhand, was hired by London and shortly afterwards a love triangle developed between the three inhabitants of the farm.

During one of many fights, Nemiers took a hammer and hit Barth over the head with a blow so hard that the doctor predicted that it would soon lead to Barth’s death.

George and Mary, impatient to get rid of Barth and have the farm to themselves, administered poison to Barth. When his potion proved too weak, they mixed arsenic and opium with Barth’s whiskey. This concoction did the trick and Barth soon died, leaving the farm in Mary’s name.

Unfortunately for Mary and George, the rest of the operation did not go smoothly. Within a week the couple were arrested and, after an eight-hour examination in which each tried to blame the other for Barth’s death, they were both found guilty and sentenced to death.

Niagara-on-the-Lake did not have its own resident hangman, so normally one was sent from Toronto. Early documents show that on the scheduled date of one execution, the hangman had an appointment elsewhere in Upper Canada and Alexander Hamilton had to perform the hangman’s duties for the day. In fear of messing up the execution, Hamilton ordered the construction of a special scaffold that would allow the prisoner to fall twice the usual height.

A prisoner was left hanging for about 25 minutes to ensure that he had met his end while the coffin lay nearby. The earliest executions were held in public and drew large crowds. Merchants also flocked to executions to sell wagonloads of cakes and gingerbread.

Another unusual early legal practice dealt with creditors and debtors. A creditor had the right to throw a debtor in jail until he paid in full the sum he owed. The catch was that the creditor was responsible for the debtor’s upkeep while he was in jail.

Records show that a debtor who had been in jail for many years was greatly relieved when his debtor finally died, until he learned that the creditor had included a clause in his will continuing his upkeep in prison. The executors of the will felt that this was a cold-hearted act, and they delayed the delivery of the upkeep fee so that that debtor was eventually released.

Court Assizes were held only once a year. Those who were arrested immediately after the assizes were concluded for that year had to wait in jail until the following year.

The jail and courthouse were burned to the ground during the Battle of Queenston Heights on October 13, 1812, A new jail and courthouse were erected in 1816.

An advertisement in the St. David Spectator of 1816 asked that stone, timber, brick, shingles and timber be delivered to Niagara between June 1 and July 13, 1816, for the purpose of rebuilding the jail and courthouse.

Two years after the new building was complete the renowned Gourley trail was held.

After being imprisoned for several months for his outspoken criticism of the government, Robert Gourley, known as the Banished Briton,-was tried and fined for sedition. This punishment was not enough to stop Gourley’s outspoken criticism and he soon found himself in exile for 15 years. Word reached Niagara that Gourley’s treatment was so harsh that he had temporarily lost his sanity.

Gourley was not the only one who suffered during this incident. The printer of the Niagara Spectator printed a letter of Gourley’s without the publisher’s knowledge. As a result, the printer was tried for sedition, sentenced to stand in the pillory and fined 50 pounds.

Thirty years after the building of the new jail and courthouse, controversy still flared over the site of the buildings. A group of the town’s inhabitants complained that not only were the jail and courthouse far from the town’s centre, they had been built in a swamp.

In 1847, the debate was silenced when a new courthouse and jail were erected on the main street. The building was used for this purpose for only 15 years. In 1862, St. Catharines became the county seat and a new jail and courthouse were erected on Niagara Street.

The mid-19th century witnessed the building of yet another jail and courthouse. Built in Welland

in 1855, when the town gained county seat status, the new jail housed 45 males and nine females and was enclosed by a 300-foot long, 21-foot high and two–foot thick wall.

The first execution in the Welland jail, and the first execution outside of the Niagara-on-the-Lake, took place on May 31, 1859.

On this date John Henry Byers met his end. Special stands and roof-top seating accommodated the crowd of about 4,500 who gathered at the jail to witness the execution.

After Tomas Arthur Laplante was hanged on January 17, 1958, the Welland jail became known as the place of the last execution in the Niagara Peninsula.

While the Welland and the St. Catharines jails were filled with prisoners, the old jail at Niagara-on-the-Lake was filled with orphans.

The jail and the courthouse lay vacant until Miss Maria Rye’s Western Home for Girls was established in 1869 to train young girls as domestics. Minor renovations were made including the conversion of the courthouse into a dormitory.

After Rye’s death, the buildings remained vacant until the First World War, when they were used by Polish troops as a hospital and barracks. After 1917 the jail and courthouse were again empty until purchased by Charles Currie who tore the buildings down using the materials in the construction of other buildings.

The Rye Cottage, located at the corner of King and Cottage Streets, still stands today as reminder of the colorful history of Niagara-on-the-Lake’s jail and courthouse.

NIAGARA STREET MANSION IS STILL STRONG ON CHARACTER

Robert Cooper first owner

[Welland Tribune, 30 November 1984]

Janice Walls-Tribune staff writer

WELLAND-The Cooper mansion is a fitting monument to am n who came to Welland as a penniless boy and grew to be a wealthy and powerful man.

Located at 201 Niagara St., the unique home was built in 1913-14, for Robert Cooper, an eminent Welland industrialist and politician. It is now owned by the Holy Cross Fathers who use it as their residence.

With elements of Renaissance Revival, the imposing three storey building has an appearance of strength and stability. Constructed of beige brick on a foundation of cur stone, it has an open air porch supported by eight stone Doric columns.

The front entrance is a large moulded trimmed door set within a moulded frame and capped by a shaped transom of leaded glass. It is bordered by two side lights with lower wood panels and carved, wooded Doric columns.

The mansion has a glazed tile roof with a decorative frieze.

The inside of the building is just as impressive as the outside. With the original wooden panelling, high baseboards and door frames still present. There are also five ornate fireplaces and a grand central staircase.

Cooper owned a flour mill on East Main Street near the east bank of the canal. The mill was the headquarters of a large retail trade in flour, meal, buckwheat, mill feed and all types of farm and garden seed.

A book published by this city in 1902 states his mill was classified as a 100 barrel mill and was installed with the best and most modern machinery and fixtures. Cooper’s mill later became the Maple Leaf Milling Co.

Cooper managed his own farm on Thorold Road, which was one of the best in the county, owned Brown Brother’s Aqueduct Roller Mills for a number of years, sold horses (sent to South Africa) and had other business interests.

He was also active in local and provincial politics.

A member of town council in 1886 and 1887, Cooper became deputy reeve and was county clerk in 1891. As county clerk he was said to handle the county council as though it was his own property.

He also served as a member of the Ontario legislature, and held positions in the Children’s Aid Society and the water commission.

The Cooper mansion is one of many historical buildings studied by a research group this summer. The research has been done for the Local Architectural Conservation Advisory Committee, which examines buildings for their historical and architectural merit.

CHEESE SPREAD FROM AREA

A (Kraft) slice of history)

Supplement to The Niagara Falls Review and The Evening Tribune
Centennial Edition
5 July 1984

Less than 100 years ago a Mennonite family named Kraft from Fort Erie had no claims to fame.

Today the ancestors of this family are known world-wide.

On Dec. 11, 1874, James Lewis Kraft was born, the second of George and Minerva’s brood of 11 children. As a boy James –better known as Lew-worked at various odd jobs including Ferguson’s General Store.

Although Grandfather Kraft was the first Kraft to enter the dairy business, he supplied fresh milk to the summer residents of Fort Erie-James was the first to take the business seriously. As he cut and weighed the cheese in Ferguson’s General Store he often wondered if there was not a better way to sell cheese. These silent musings were the beginning of the Kraft empire.

After graduating from Garrison Road School James went to Buffalo to attend business college. He later worked in the dairy department of Buffalo’s Loblaw’s store where he continued his musings of better ways to market cheese.

While working in the store James met a man who worked for a Montreal cheese company. The two men pooled their efforts and started their own cheese company while experimenting with blending and cold packaging cheddar cheese.

On July 5, 1903, James left Buffalo to start his own business in Chicago. He adhered to his business philosophy, “cheese should be brought to the grocers instead of the grocers coming for the cheese.”

By the time cheese wheels left the manufacturers they were already going rancid. When they arrived at the grocers the giant wheels, wrapped in gauze, were placed on the countertop where they quickly dried out. James was determined to find a better way to market cheese.

After negotiating a deal with a cheese wholesaler to buy cheese on credit, James invested in a horse and got down to business. He spent many hours experimenting in a small room behind his shop. Into an old copper kettle above his wood stove James poured various formulas, trying to discover a way to pasteurize the cheese. In his own words James admitted, “I got some pretty weird mixtures among those experimental batches of cheese.”

By the end of the first year, James had lost $3,000. An old Kraft family story tells how on one particularly unsuccessful day James in desperation asked his horse, “What is the matter with us Paddy?” A clear and firm voice from above replied: “You have forgotten your God in your business.” From this moment James never forgot his God and the business gradually grew.

In 1909 James incorporated the business to form the Kraft Cheese Company and hired all his brothers to work for him. John Kraft was hired as president; Norman as vice-president of research; Fred as vice-president of overseas operations; C.H. as vice-president of engineering; and J.L. as founder and chairman of the board. The brother worked together to discover a new method of processing and packing cheese, which they quickly patented.

The sales staff had grown to more than 1,000 workers and a huge fleet of trucks were needed to transport the cheese to thousands of destinations all over Canada and the States.

During the First World War, James and his brothers were asked by the Canadian government to produce a cheese for the soldier’s rations. After the war, the Kraft Cheese Co. bought out many other cheese companies such as Maclaren Cheese Co., A.E. Wright Co., and several salad dressing companies.

To this day the Kraft Cheese Co. is still growing and most people don’t realize this highly successful company was started by a small town boy from the Niagara peninsula.

THE WAR OF 1812 AND THE BATTLE OF COOKS MILLS

THE ONLY WAR FOUGHT ON WELLAND SOIL

BY GERALD D. KIRK

[Welland Tribune, 1984]

By the middle of October 1814, a point of virtual stalemate had been reached in the struggle for control of the Niagara Peninsula.

The American invaders continued to hold Fort Erie and a narrow strip of territory north to the Welland River, with their main body, 8,000 strong, camped at Black Creek. Their ambitions were effectively checked, however, by General Gordon Drummond’s force of British and Canadian regulars, the Lincoln Militia, and some Indians, based at Fort Chippawa.

At the tiny settlement of Cook’s Mills on Lyon’s Creek, a tributary of the Welland River, grain from the surrounding farms was still in the process of being ground into flour and meal. At least some of this product was earmarked for Drummond’s army, and a detail of militiamen under Captain Henry Buchner had been posted at the mill to guard the precious source of provisions.

On the morning of Oct. 18, a long column of infantry and dragoons was spotted leaving the American escarpment at Black Creek, headed westward. The going was rough, with the ground swampy from unusually heavy autumn rains, and the roads and bridges in very poor condition. The detachment slogged along in the general direction of Brown’s Bridge, a footbridge over the Welland River at the Pelham and Thorold line.

SUSPICIOUS

Suspicions were raised at Fort Chippawa that the Americans were aiming to cross the Welland and proceed to attack the main British command post of Burlington Heights. General Drummond lost no time in detailing a militia unit to destroy Brown’s Bridge, along with Misener’s Bridge further downstream.

At the same time, Drummond ordered the Glengarry Light Infantry and soldiers from the 82nd Regiment to march in the direction of Cook’s Mills.

Late in the afternoon of the 18th, scouts who had been shadowing the American column reach-Ed Drummond’s headquarters with the news that the enemy had changed their line of march and were bearing down on Cook’s Mills.

ATTACKED

By that time, the Americans had already overrun the settlement, driving before them the militiamen stationed there, who understandably saw discretion as the better part of valour. Their leader, Captain Buchner, who may have lived nearby, was somehow captured and held prisoner.

The Americans set up camp on both sides of Lyon’s Creek, with their main force on the high ground north of the mills. Pickets were stationed on the roads leading into the hamlet. They then settled down to recuperate from the long march, with the satisfaction of having captured 150 to 200 bushels of grain and wheat from under the noses of the British.

Meanwhile the column from Fort Chippawa had reached the meeting house at White Pigeon, and a field headquarters was established across the road at Misener’s farmhouse. The soldiers set up camp for the night.

At daybreak on the 19th, the British began their advances on Cook’s Mills, led by a Canadian regiment, the Glengarry Light Infantry. Their assault force was supported by a single six-pound cannon and a new terror weapon the Congreve rockets.

SURROUNDED

Arriving at the edge of the settlement, the British encountered and drove the enemy back. Reacting to the rockets and cannon fire, the Americans took to the surrounding woods, from where they responded pouring musket fire on the attackers.

Suddenly the British realized that a company of Americans was moving through the trees on their right, obviously intending to surround them, or to capture the cannon. The signal for retreat was sounded, and the British withdrew to their camp, reportedly pursued rather gingerly by the Americans. The British had lost one man, with 35 wounded. Twelve American soldiers lay dead, 54 were wounded, and one man was missing.

BURIED DEAD

Having buried the dead of both sides, the Americans remained at Cook’s Mills until mid-afternoon of the following day, Oct. 20th, when they began the long trek back to Black Creek. Unable to transport the flour and grain, they destroyed all of it, but left the mill, the dam and the bridge intact.

So concluded the last conflict of the War of 1812 fought on Canadian soil.

The tragic story that began at Fort Detroit two years earlier ended in an obscure hamlet on Lyon’s Creek in 1814. The battlefield at Cook’s Mills is every bit as much a part of our Canadian heritage as are the military actions of Stoney Creek,  Beaverdams, Lundy’s Lane and Queenston Heights. It should have even more meaning for the people of Welland since it lies wholly within our city limits.

WILLIAM BALD

[Welland Historical Society, 1984]

At a meeting of the Welland Historical Society, the “Street of the Month” was Bald Street and its history was researched by Dr. Purdon.

It was named after William A. Bald, son of Thomas Bald Jr., who was born in 1827 on the family farm in Thorold Township. William was the grandson of Thomas Bald Sr., a Scotsman who had resided in Welland County for many years before settling on the Thorold Township farm early in the nineteenth century. William died Dec. 1, 1886 at the age of 59.

The following excerpts are from the Welland Tribune obituary: “He was one of the first merchants of Merrickville, now Welland, and with the late John Hellems, formed the firm which built the Welland County Buildings, many respects the finest of their class. Deceased leaves a widow, four sons, Archibald, James, Edward and William and one daughter May who possesses the distinguished honor of being the first lady BA graduate of University College, Toronto…At different times Mr. Bald held important municipal and other positions of trust and at the time of his death was a councillor for the ward in which he resided…Mr. Bald possessed the respect of all for his sterling independence of character and many estimable qualities, and his demise is deeply regretted by the whole community.”

EMMANUEL United Church of Canada 1884-1984, Wellandport Ontario

By Rev. Sharon L.W. Menzies

Our Roots in Gainsborough Township

As has been mentioned earlier, the Methodist Church in the Niagara area goes back to the work of Major George Neal in the 1780s. Major Neal’s work was both unofficial and much frowned upon by his British Army superiors who saw army discipline and Anglicanism as like virtues. It was Darius Dunham, though, who can claim to be the first regular itinerant preacher in Niagara. He was appointed in 1795 to serve a circuit covering 2.400 square miles. One of the early records of the Niagara circuit described it as follow:…”the circuit included the whole of the Niagara Peninsula, wherever there were settlements, from Lake Erie to Lake Ontario and from the Niagara River westward to the township of Oxford, and required a tour of six weeks, and preaching almost daily, to complete a single round.”

Circuits in Canborough and Grimsby were formed over the next two decades and there is at least an intimation of rivalry between the two for prominence in the township of Gainsborough. In a Quarterly Meeting report dated 6 August 1836, John Hodge, Emmanuel Jones, Emerson Bristol, Samuel Jones, Joseph Dochstader and two other men were appointed trustees of the log meeting house in Gainsborough. This log meeting house was built as School House #9 on property owned by Alfred McPherson located on Elcho Road. Given the attitude of children toward higher learning  for many generations, We believe that it was this school house that bore the affectionate name “the log jail”

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My Memories of Wellandport

By Vivian Sutton Sunday, February 5, 1984.

Arriving in the fall of 1945, to make my home in the busy, friendly village of Wellandport was certainly a great experience. Having lived all my entire 19 years in a large city; there was a great period of adjustment. The friendliness of the people was really and truly a heat warming experience for me.

Traditionally a typical city, where a mere hello was about all you exchanged with your next door neighbour was most welcome. Mrs J.D.(Reva) Fulsom was one of my first acquaintence.

Indoor plumbing was considered a luxury and the Saturday night bath in the old tin tub left much to be desired

Living accomodations were very difficult to obtain as many returning service men had married during the war and housing was a priority.

Unable to find a suitable place to rent in Welland, we obtained rooms with a lovely retired couple Nelson and Lillie Chadwick, former owners of Chadwick Feed Mill.

Most of our neighbours were all retired people. Mrs Frankie Arnold, Rev McRoberts, Henry & Etta Jupe, George & Lillian Southwick, Mrs Holmes Sr.,George & Caroline Holmes, Earl & Erford Robins, Harry Poore, Thom & Effie Freure, Mr & Mrs Addie Adam Beamer, Bill & Tunie Zawelski and Mearle & Edith Fester.

There friendly and out going manner made me feel so welcome.

The minister at that time was Rev. McRoberts, a bachelor who was a frequent guest for a dinner or a supper. He told me that I was priviledged to reside in the part of Wellandport known “As Quality Hill”. This has always remained in my memory as I  look now at the changes in that part of the village.

Wellandport had four grocery stores. Roman Suters, Red&White store owned and operated by Ada Coleman(Hiles). Howies grocery store, and Nepons general store. In the old general store, centered in the middle of the floor was a large pot bellied stove. This was certainly a popular spot. Everyone congregated from the village and surrounding farms on a Saturday night to purchase supplies, exchange chit chat, catch up on the weeks happenings. No one ever thought of going to town to shop.

We were very fortunate to have in the village a most competent doctor. Dr. Carson made numerous house calls, delivered babies at home, performed many other services.

A local post office operated by the Coleman family in part of the red & white store. A telephone office, headed by Mrs Lloyd Book(Nora) operators, Florence Cavers, Beryl Moore, Elma Cavers to mention a few. Lampmans’ operated a hardware store, implement business and upstairs a funeral home. This was owned by John Lampman and his son Glenn.

This funeral home & furniture store was first owned and operated by Amos Heaslip an uncle of Hazel Ullman in 1902. This building presently is now known as Home Hardware. Mr Heaslip had two hearses. Black & white, two teams, black & white. One pulled the hearse, the other the carriage.

Mr Heaslip sold to Mr. Hugh Brooks. Mrs Hugh Brooks to a Mr SlaghtMr Slaght to John Lampman.

The old Cronkite Hotel housed a two family apartment. Gordon MacDonald family and the North family.

The Masonic Hall was in operation and the Womens’ Institute held social events there.

The Wellandport United Church was the only place of worship and all our spiritual needs well looked after.

A one room school tended to the educational aspects, grades 1-8, capabiley taught by Harold Hodgkins.

Two garages were in operation. One owned and operated by N. Peter Redmond; the other Andys garage, by Andrew (Andy) Tuchowski. Mr John Johnson was our local carpenter.

A very busy blacksmith shop, owned and operated by Bill Zawelski.

Milk was delivered by two local dairy farmers, Charles Freure and Adam Moore for the exorbant price of .05 cents per quart. When pastuerization became law Welland Dairy delivered the milk

Cars were in short supply, but our needs were well looked after by the local merchants.

The daily bus service from Dunnville to Smithville was in operation by Bert Phillips.

Villagers would avail themselves occasionally. for a special outing, ride the bus to Smithville. Purchase a special rated train ticket to Hamilton for the day from the Smithville railroad station office and off for a days shopping. Think this cost  about 65 cents return. Many the trips I made with friends.

Our community has seen many changes in the 39 years.

Today we have one grocery store and gas bar, local post office, library which is an asset to our community.

One garage, one feed mill, feed supply dealer, hardware store and church.

The Masonic Hall is still an active hall as well as the Independent order of the Odd Fellows Hall.

One of our proudest accomplishments is our local community hall. Many donated long hours of hard work went into the building and maintanence of this very busy hall. The older friendly familiar faces has long since passed on.

Wellandport village is now inhabited mainly by the Dutch people who settled in the area in the very early fifties.

We who were a majority are now a minority. I have spent happy years in this lovely friendly community. A community with a heart, a community who cares.

—The above article has now been corrected with a previous error for the name “Andrew (Andy) Tuchowski”.  Thank you to Marie Tuchowski-Cockman of Hamilton On for pointing out our error.—[June 9, 2020]