Book 'Jo coj^y Z, THE CASE OF JANE MARIE, EXHIBITING THE CRUELTY AND BARBAROUS COJVDUCT OS" JAMES ROSS, TO A DEFENCELESS WOMAN. Written and fiublished by the object of his cruelty and vengea^i^ AND ADDRESSED TO THE PUBLIC OF PHILADELPHIA AND THE WHOLE OF ; " PENNSTLVANm Sep, 1808. THE CASE JANE MARIE, eSHIBITING THE CRUELTY AND BARBAROUS CONDUCT OF JAM .S ROSS. TO THE PUBLIC LETTER I. I HAVE seen in the public newspapers my name intrjCK riuced in two or three instances ; and a publication in particu- lar, in wi.ich the name of my husband is employed to serv.- the purposes of Mr. James Ross, of Pittsburg. 1 subjoin that publication to this, (see \ppendix A.) and, in reply to the state- ment made in that publication, in the name of John Marie and Felix Brunoi — on the part of James Ross, esq. i, Jane Marie, now of the city of Philadelphia, to the allega- tions made and published in the papers exhibited to me, as copies of afiidavits of my husband John Marie, and I'elix Brunot, do say and declare as follows: Tha' I hold in my posses- sion a legal instrument, duly eniercd on record, in the county of Allegany, with the seal of the recorder's office thereunto affixed, and of which the following is a copy, the original i^ deposited in the hands of the printer. (COPY.) Know all men by these presents, that Tohn Marie, of the town of Pitf-btirgh, in the count, nf Alleg-aiiy and state of Pennsylvania, in con- sideration that my wife Jane Marie, will witiiout force or coercion, sit;n a deed of conveyance to George Stevenson of the town and county af rcsaid; conveying to lilm, tlie said George, all that lot of ground, whicli tlie said John agreed to ponvev to the said George, situate, lying" ar.d l)e;iig amongst the out lots in the town of Pittsburgh, and adjoining lots of Matthew Ernest and Andrew Watson, doth covenant and agree with the said Jane, that he, the s;ud John, shall not, at any time here- after, grant, bargain or sell, lease or convey, lo any person whatever, for any co^isideration whatever, tliat lot or jiiece of ground, with all and singidar the appurtenances thereunto belonging, on wliich the said John and jane now live; situate, lyiiigand being marked in the general ^au of the town of Piltsbu''gh, No. 6, outiot, or any part thereof, with- out the full consent and approbation of her, the said Jane, first had and procured by him, the said John. In lesiimiiiiy where-f I luve hereunto set my hand and aflixed my seal Mis 12t:h day of February, in the year of our I.ord, one tnousand seven hundred and ninety seven. ^ JOHN MARIE. Witness present. Sarah M'Dowell, Alexander M'Dowell. I, Jane Marie, do solemnly swear, in the presence of Alexander and Sarah M'Dowell, and John Maiie, to never put my hand to paptr, con- cerning this place (Grant's Hill) on which we now live, so help me God. Allegany County^ ss. (seal.) Be it remembered, that the within named John Marie, personally ap- peared before me, one of the justices, assij^ned to keep the peace, in and for the county aforesaid ; and acknowledged the within instrument of writing, to be his act and deed, and that it might be recorded as such. "—Given under my hand and seal, this 13th day of February, 1T97. ALEXANDER M'DOWELL. Allegany County, ss. Recorded in the office for recording of deeds, in and for the said county, and in book F, page 448. Given under my hand and seal of office, at Pittsburgh, the 22d of April, 1797. SAML. JONES, Recorder. And further, I, the said Jane Marie, do declare, that no ap- plication was ever made to me for the sigving of any deed, nor any intimation given of a sale, or intended sale, of my property, in dower, at Grant's Hill, until three days after Mr. Marie de- parted ftom Hittsburgh ; that on the third day of January, 1803, Mr. Ross accompanied my husband out of Pittsburgh, and lodged with him at the inn of Mr. Peoples, twenty miles on this side of Pittsburgh, that night ; that the fiisl information of any such purposed, or intended, or surreptitious sale, was communicated to me by the lady of Mr. Steele Semple? at Pittsburgh, which information I told her was not entitled to credit, nor did I believe it possible. And my reiisons for this belief, besides the imperious obligation contained in the paper of which the above is a copy of record ; the follov/ii.g power of attorney was deposited by my husband, Mr. John Marie, in the hands of Mr. John Johnston, now post-master at Pittsburgh ; and what further rendered it altogether impoobible for me to believe or credit this information was, that this pov.'er of attor- ney (the original is deposited also in tlie hands of the printer) is m the hand lurithig of the aforesaid James Ross, esquire, and subscribedby Mr.Johntson and'the said James Ross as witnesses; and the name is in the hand Avritinrr of mv husband, ■^vith his seal tuereunto affixed ; aiid even the inclorseineiit is in the writing of ""'i; Ross ; and what is woitiiy of rt^niiuk, t ou;r'i my iuis- biUiCi jcil Pittsburgh with Mr. Ross on t!i ■ lidrci of January, this power of atto- ney, written in the hand of Mr. Ross, is d.-.ied the iourteenth of the same month. Know all men, by these presents, That I, Jo'in Marie, of Pittsl)^'^!!, tlo liereby make, constitute, and appoint my I vi:ig wife, Jane Marie, to be my lawful attorney for me, in my lame, and f">r my use lo collec ver ceive, and reco\er all monies due to me from any person or persons; in the western parts of Peinisyiyaniu, and receipts and discliarges for tiie samf to g-ive, a'so to dispose of and to make sales of any part of my persjnal p/operty, at such prices, and to such persons, as slse may thii;;.- pr.jer, a:;d possession thereof to deliver, liereby ratifyint^ what- soevt-r my saiil attorney may or can do in the premises b;. '.irLue Iiereof. In testimony wliereof, I have hereunto set my hand and sta! , this 4th day of Januar\-, 1803. JOHN r.IARIE. Scaled and delivered in the presence of John Johnston, James Ross. And the said Jane Marie doth further declare, althou?:h this reported sale was spoken of, . nd many cruel and barbarous means were resorted to to deprive me and my child of our hor.se and home, and althoui^h we were iina ly in a maimer cruei and shocking;, which shall be laid before the public in due time, barbarously forced and beaten out of our house ; no evi- dence or appearance ofevidenceof a legal cluuacteror form, was. offered, or gven, to show by what authority, or under Avhat legal pretence, Mr. Ross claimed to deprive me of my house, and furniture and home ; until on the second day of August, IbOo, having advertised my household goods f; r sale, Messrs. John Johnston and Steele Semple, called on me, and stated to ine, that there was a power of .Ulorney given by any husband to ih.ose two gentlemen, jointly vvitli John Lucas and Thomas Collins, superceding the power to nte, and desiring me to stop the sale — but no power of attorney v/as then sliewn to me, nor dio ever see any paper answering to such an alledged character, for more than a month .d'terwanls, when 1 cailed at the recorder's oflice in company with Mr. Ayres, attointy at law, and there saw a paper, of which the lullcv, ing is a copy translatid : (TRANSLATION.) We. Peter Bailholemev/ Portal, jnd.ue, executing the office of jmi - sident of the tribunal of con^nicrce of Kordtaiix, ccrlily to u!i whoiri it ma ' cnii-cri',, tiia» 'I'.c signature placed at the bottom of ri-deav.x, ii tiw rfpiiblic of France, from French into English, (f which the contents arc asjohovcs. B'jforc' Josepli Guy anl liis collea,^ue undersi.^ned notaries in Bor- de;;ux, appeared John M'trie, being this d.iyi;i Bordeaux, lodged 'mi the iro ir of the Ciiartrons, No 145. at the house of citizen John Bernard, •who rcvnkinj^- by these ■^resents, all powers given by him heretofore, to citizen Donnely Jane Mari.- Ii's wife, th .t t!ie powers no longer have any effect in lljture, has made and constituted f n- his general and spe- cial atforn'ies, the citizens Steel .Sumole, Thomas CaUins, John Jonns- t.on, and John Lucas, er-qs. all in labitants of Pittsburgh, in the state of Pennsylvania, to whom he gives p nver, for him, and in his name, to rule, manage, govern, and ad;nu)ister all hs property, and the aJairs which he may have, to receive for tiiis purpose, all sums that .ivn due t> him, and tliai may be due to liim hereafter, on wliatever title and AVJiatever cause it may I)e, to give ac p.iittances and valid discharges for tlie receipt of said sums, to revoke themselves, if the above revocation should not be sujiicijnt — all powers given bv him, to his said wife, to withdi-aw out of he. hands, all titles, notes and papers, which she may iiavr- beljiyi-ing to him, to hear all accounts, discuss them, and deter- mme th-:^ balance of them, to receive or pay them, and give, 'ir take acquittance^, to end aid determine ai' aifairs — and particularly em- powers them t^ transmit to, and pat in possession citizen Jame . Ross, esq. inhabitant of tiie same p'ace, of six acres and a half of ground, with the houses appurtenances, an I dependences, No 6, situated in the out-lot of the town of Pittsburgh, which said John Mare, sold lo the said J imes Ross ; to put in execution in every respect, s:iid bill of gale, air! i>i general to do for the ittterest of the said Jo!m Marie, in orde^- to oftVci tiie premises, all tliat i>is sn.id attornies shall think proper, and if it j;ho.iid be necessary for the execution of the above powers, to sue, uttack and defend in ail tribunals competent, ali snits, differences and contest iti;)ns, whatsoever, against all persons, to obtain all judgements, put tliem in execution by bei;iures, oijpositions and otl»er pursuits to liesist fi-(»m them, grant deliveries, ]jleud, oppose, appeal, fix resi- dences, constitute and revoke lawyei-s, treat, transact, compound, receive all accounts, substitute the present ])o wers entirely or in part, promisi ig to agree to eve^y thing iiis said attorneys shall do, obliging, ji,c. — Made and passed at Boi-doauX; in the office of said Guy one of f;aid notaries, the nineteenth of Floreal, the eleventh year of the Frencli republic, and after tliese presents being read to the person wii') enipovvers, he has sigrud with tiie saul iioua-ies, tlie original w!:-..-!' ■•: n.'.i's in posses,;''')v .if '- id Gu\\ — 'Bevisl red i:> Budeaux -tlie tvventietli F'oreal, eleventh year — Received one franc and ten. ccnliuic.-. tiiX. (Signed) C-.)NSTAND. BAHBAiUit. GUY. We, Martial Lonstaii Lainothe, first vice president of the tribu- •nal of first instance, in the district of Bordeaux, de] aytrsient oi' Gironde, certify to all those whom it may roncen., thut the uln)vt sig--- natures are those of citizens Guy and Barbaiic, public notaries of this citv, and tliat faith ought to he given to them, as v ell in as out of jr.dg;- jneV.t. Given in Bordeaux, the twentieth of Florea!, the elever.tli vea? of the republic. (Signed) LONSTAN LAMOTHE, I. M. Comyn, sworn interpreter to the tribunal of commerce of Bor- fleaux, certify the present translation t be sincere, true and conforma- ble to the original. — Bordeaux, the 22d Floreal, eleventh year, or r2th May, 1803, old style. M. COMYN". I, William Lee, commercial agent of the United States of America, for the port and district of Bordeaux, do certify, That the signature above is that of citizen Portal, president (/jro fern.) of the tribunal of commerce for the city of Bourdeax, and that full faith and credit ought to be gven to his acts as such. In testimony whereof, I have hereunto set my hand ( l. s. ) and affix- ed my seal of office this sixteenth day of May , 1 803 WILLIAM LEE. The words pro tern, being interlined JOHN MARIE-. Allegheny county, ss. I do :iereby certify, That the foregoing is a true copy of the record Itl my office. Given under my hand and seal of office, at Pittsburgh, the loth No- vember, A. D. 1803. SAML. JONES, Recorder. This paper I plainly saw must be a forgery — and took steps to ascertain the fact — for plainness sake, I leave out at this time the account of the oppression and cruelty I sufiered, to pur tie this paper, under pretence of which, I was torn by hired ruffians out of my house. I caused an examination to be made at Bordeaux, at the offices- of the notaries with whom h was alledsjed this power of attorney was put on record, and from thence T have received the following- certificates, duly at tested by Mr. Lee the American consul. TKANSLATION. I. tlie undersigned, Raymond Serapliim Follure. notary imperial, residmg ii-. Bordeaux, acquirer and holder of the papers and business of Mr. Joseph Guy, notary of this town, deceased the twenlj-.sixth of Frnctidor, in the year thirteen, or twelfth September, one thousand eiirh* liiindred and five, Df dare to al- t!iosp wliom it may concern, tha'c I iia' e not recorded on the sixteenth of Mav iast, )ior any other period, any -owcv of attorney in the name cf J jhn Marie, of Philadelphia,' wlir^icof I have convinced myself by an examination of the records of my office Bordeaux, the twenty-third December, ot\e thousand eignt huudred and seven. (Signed) FOLLURE. fScaledJ The above sig-nature, that R S. Folhire, notary public of this place; I, th" undersijined. commercial agent of the United States of America for the port a.iid district of Bordeaux, have hereunto put my liand and seal of office- Eordeaux, December 23d, 1807. WILLIAM LEE. I, the iindersic:»cd, Joli-. Paulin Sarbarie, notary at Bordeaux, cer- tify, to all those whom it may cimcern. that I liave not recorded any instrument whatever, since the first of January, elgteen hundred andl; six, to this day, executed by John Marie of Philadelphia. Whereof I have Ci>nvinced myself by an examination of tlie record.'^ of mv office B<"'u .1 ■••.!\,the 22d day of December, 1807. (Signed) BARBARIE In testimony that the above signature is that of Paulin Barbarie, notary purlic — I the cnidersigned. commercial agent of th< United States, for the port of Boideaux, have heieunto put my hand and sea[ of office Bordeau.'i,the 23d of December, 1807' Wm LEE. I wrote to my liusband describing the cruel tretitmcuts I had experienced, and implored his return tome — which lie did; upon my Inisb^uid's rtturn ironi i vance wiiicli was in July, 1806, he remained in Philadelphia wit me about tenwcefes, when we a., reed liiat he should proceed to Pittsburg- in older to secure two bonds of 800 dollars eacii,one made '>ut foi ami in m> name, and tiie otner for and in the name of our dau.;^.,ter, Caroline Marie. Upon my representing to him the cruelty with which I had been treated, iie was indignant, and he decl.ired that he would sue Mr. Ross if it cost him all he iiad on earth : and on exhibiting to him a copy of the alledged power of attorney, he made the following- declaration on oath, and su;jscril)ed his name thereto, on the same paper on which the copy of the spurious power of attorney is written, on the same day that he set ofl'for Pi tsburgli. I. John Marie, doth solemnly swear, that I never gave the written power of attorney, or deputed those gentlemen within mentioned, to act for me m aiiv respect, or ever n.eai't to distress my wife and child m an} respect ; as witness my hand, this twentieth day of -epieniher, 1806. JOHN MARIE 9 These cruel transactions, are move fit for a court of justice -—and ; am not well enough qualified to iay tht:-n iDefni-j ihc public in a proper manner ; but as tiie courts and lawv.^rs, .jkI indeed ai- the people at and near Pittsburgh, are in terr.)r oi" James Ross ; and he has brous^ht these things fort . , I owe it to inysell,aiid to th"> pul)iic, to lay the whole transactions before tl:em — I believe every candid person will see in even this part of my case, that Mr. Ross has not acted towards a heipIcG;; ".voman, as a man of honour — nor as any good man can simc- tion or justify under any pretence — but what is the scene ef chicanery here exposed compared with what remains to be told — Avhat will be said to a paper intended as a vindication of Mr. Koss, that his vindication alledge a d'vorcc to have aikei> place between me and my husband. The public should knov; that 1 was murried to Mr. Marie in this city, x8 years ago — and that the ground upon which Mr. Ross lays claim tf. nw house, is this divorce, whic'n his defence says, wasobt.ii'ed only 12 montlis ago. Delicacy will not permit metoutie: the. alledged ground of this divorce — if the ground was sucli as is a]Iedge!<^l, surelv after devoting from my seventeenth vtur full 23 year., of my life to my husband ; it was too late, in I'sor for Mr. ;.-);,s to justify his seizure of my house in IS 3- xy. the mai!;an be did, upon an alledged infirmity of my husband, when the very paper phbliahed in the name of my unfortunate hus- band as a vindication of Mr. Ross, declares thai the money he vested was to support his family — whatfamiiv ? his wife and, daughter. JANE MARIK Philada. Sept. 20, 1808. ' ■ LETTER II. Had the laws afforded me that shelter against oppression— that refuge from wiong — tiiat redress for injuiy of the most savage and brutal nature, which had been done me by J;!n^e'.i Ross' — had the courts of justice even been tedious in enforcing that -usiice of which they have the name— could I have found lawyers to vindicate my wrongs, or assert my claims, or to de- mand redress for bodily violence done on the. person of a he:};-- less and defenceless wom.ui — an adch'ess in print from one of my sex might be perhaps indiscreet ; at least had I any othev tribunal before which I had a hope of justice, I should have re- luctantly made this appeal to the tribuiu'l of the pubiic— !;u^. my oppressor is a l'>wyer himself, he is a favorite of the courts, and the couiis :.cing composed of lawyers, how can a h.elrle^'- "'■voman liope for justice, R 10 i huve eiiiployed lawyers to proseciUe 'Mv. Koss for the pro- perty which he has torn from me and my cl.ild I have em- ployed lawyers to prosecute Mr. Ross for the cruel and barba- rous beating nvlhcii hf !i an personally inflicted on me and on my imfortunate child — the magistrate who dressed the wounds in- flicted on my face and body by the kands of Jaines Ross, de- clared he despairedof obtaining justiceforme,even forthe bodily violence done to my person by James Uoss — the mapistrate indeed summonsed him, bi:t what did James Ross care for the summons ot u magistrate, he who was and is superior to all ma- gistrates and courts in the neighbourhood, what is the summons or the process of a court of law to him — it is only to serve the purposes of such great men as James Ross, that'courts of law appear to be instituted — a helpless woman has no chance, not even a chance of redress, where such a nian as Janjes jss is the wronger. The very lav/yers vvith whom I had placed the affidavits of the outrages done against me — whom I had feed 'o prosecute James l' cultivated, and iVom wiiich James Ross looks down'upon iPittsburgh, with what feelings I leave all ciiristian people to suppose. Jn the reply which I niacle to Mr. Ross's vindication, pub- lished by :4,en- Wilkins of Pittsburgh ; I siu;\ved that my iuis- band had left me a power of attorziey on Ids departure for Prance, in January 1803 ; and I gave the copy of a piper which was afterwards shewn to me — that is after 1 had been by outrageous cruelty and violence torn out of iiiy house, the pa- per called a pov/er of attorney. My husband was a naiive of France, and as most people have adesire to see their native country, he gr(;wing old, being born in 1727-1728, took advantage of the peace in Europe in 1803, and went to France. Tor more than a year before his depar- ture I heard nothing of such an intention, though he had often before expressed the desire to see France before he died. lie Jeft Pittsburgh on the 3d of January 18Cf3, in company with Mr. Ross. No dispute, no anger, no difference on any matter -whatever, preceded his departure ; as he grew in years he was occasionally peevish, but my disposition was not to TiOtice it, nor indeed to reply or aggravate a pelulcnce that many good .people are not free from. I before stated that the ilrst I heard of any bargain be- tween Mr. Ross and my husband v/as from Mrs. Semple, and when I first saw the paper alledged to l)e the power of attorney. Mr. Ross, who was then a woi'thy member of the senate of vhe United States, returned to Pittsburgh, to attend the courts of law in the spring ; and I believe it was the end of Mai-ch or beginning of April he came to my house at Grant's Flill, and proceeded without ceremony fiist to look over all parts of the 'place, and then told me that he had bought the house from my husband. Knowing that the laws protected me in my right, and that my husliand could not sell any real estate without my consent, 1 treated it lightly at first ; but he assuming a stern air, though he failed to frighten me, 1 told him that he had nothing to do v;ith my property, nor should I part with it ; and as my hus- band had obtained my signature to the conveyance of other real estate which he sold with my consent to Mr. Stevenson, upon consideration of never parting or requiring me to pn-t with Grant's Hill, which my husband suid constantly he meant to reserve for his daughter, I felt perfectly secure, arsci spok-'. Tiitb the firmness of that confidence. % ^ . A 12 Tvir. Ross then assumed a soothinj^ tone — he condescende^L cve'.j to co.mpiaisance — but this course was no niore successful ■\vitii nK Uiun the otner, and lie departed menaciai^- me wiln the utinosv ven,;;cance of the law — I beiieveil was two or three days after that I received a letter from liim, of which the following is a copy — the oris^inal, in Mr. Ross's hand Avriting, 1 have placed it in the hands of the printer. '-' Pittsburgh, \ April, 1803. .'Madam, Ml-. Marie, your husbaud, by his deed dated the f )iirteentli of Jamiai-y histj sold and conveyed to me, in fee simple, the house wlu-n-e yoii tive, togciiier with the .ot onwliici' it is siluated, containing- upwards of six acres, with all the buildings and improvements thereon. By the -ame deed iie b und himself to give me quiet peaceable possession uf the pn-nises on this day, in as good ordei' as on the day of sale — to uellver the -ardening tools, to leave all tht grates in the house, and a yountj cow, for which ve agreed at the time uf sale When I visited you the other day, you expressed an uiv.-, iUingncss to comply with dii^ sale of yonr husband, and a riisposition to h-id p .sses- .sion of the property by fm-cc. I hope that on better advice ai!(i conside- i-ation you will see the manifest propriety of gi'. 'ng me po. session, i-e- leasi'gyourposaibilityofdowe.-, and of fully executing this co.:tracts;>far :is the execui ion of it depends upon you. Fortius purjjose, and to take possession of all for me, I send Mr Meason, the bearer hereof, woo will wail upon you,- and k' ovv yonr determination respecting this business. On my return I'rom Gieensburgh, I was greatly surprised?! hi^ding yonr setter of the 2od instant, statng my disiiosilion to receive a ripay- mentof my money, and a cancelling of my bargain witli Mr. Marie. I certainly never made, or agu-ed uj such a proposal — noi can I ever consent that any person concealing his name and agency in such an jiftair, show d ever have the controid over the property 1 havepurciiased. What use would there be in cancelhng the bargain, and returning the pro(.ierty to Mr. Marie ? He does not ask it, he does not wish it. Your own good sense must certainly be aware, that no benefi; can be inten- ded to you by tiiose who advise you in such insidious propositions, \\hich they are afraid to make themselves. There would be no mystery, if there weiv not hidden designs, vvhich would not bear examination. I ca not, for a moment thin , ot so inadmisbible a j^ropiisal. I: will afford me great pleasure to see the agreement fairly executed. 1 amweil persuaded that your o.m interest is deeply at stak. in seeing it .-., eedily fulfilled ; and that your refusal will be attejidud \\\\\\ serious nnisjoi- tunes tu yourself — Those who advise you to refusal will not be the suilireis, but ;j)ey hope to profit by that which can never be reme- died s ould it happen to you. Be assured that, oii niy part, I v.ill readily do any tiling towards a peaceable adjustment, x