Joe Disberry, Remarkable Thief, First Arrested November 22, 1783

About the close of the Revolutionary War a notorious character named Disberry lived between Selinsgrove and Sunbury. He was possessed of great physical strength and had few superiors in running, jumping and skating. But in thieving and lying he was considered a match for the prince of darkness himself.

So bold was he that, according to reminiscences preserved by early settlers, he was known to enter the kitchen of a dwelling when the family were in bed, start up a fire, cook a meal and eat at his leisure. If disturbed in this agreeable occupation he relied on his swiftness of foot to escape.

At length Joe became so notorious on account of his thieving propensities that the whole settlement was up in arms against him, and he was finally arrested November 22, 1783, and imprisoned in the jail at Sunbury. But as the jail—which was the first one built in Northumberland 819County—was not secure he quickly escaped, and Sheriff Antes offered a reward for his apprehension.

On another occasion Disberry took refuge on the “Isle of Que” and concealed himself in a thicket of bushes, where he fancied himself secure. He might have remained undiscovered and escaped but for his inordinate love of perpetrating jokes.

Lying on the watch near the road cut through the thicket Joe heard the footstepsfootsteps of a horse and, slyly peeping from his covert, espied the Sheriff’s wife approaching on horseback. He at once stepped into the road and, pulling off his hat, made a polite bow, when he suddenly disappeared in the bushes. The lady hurried to Selinsgrove and gave the alarm.

A party headed by George Kremer was immediately formed and went to the island in pursuit of Joe. Guided by the lady’s instructions, Kremer went to the spot and soon had the culprit in custody. He was taken back to jail, tried and sentenced, and his sentence is one of the strangest found in the annals of criminal history of Pennsylvania.

In the Quarter Sessions docket of Northumberland County the record shows that Joe Disberry was arraigned on the charge of felony, tried and found guilty. The jury was composed as follows: Peter Hosterman, Adam Grove, George Shaffer, Philip Frick, John Harrison, Michael Grove, William Clark, Adam Christ, Robert Irwin, Paul Baldy, John Shaffer, Alexander McGrady. The sentence of the Court, which still stands out boldly on the record, was as follows:

“Judgment that the said Joseph Disberry receive thirty-nine lashes between the hours of 8 and 9 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 a fine of £30 to the honorable 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 a criminal. The whipping post and pillory stood in the public square in Sunbury.

Colonel John Henry Antes was the Sheriff at that time and directed the whipping, if he did not do it himself.

There is no record to show who did the ear chopping, but as the surgical operation fell to the Sheriff also, it is probable that he did it.

John Buyers was the president of the court at that time, assisted by associates, and the duty of imposing the sentence fell on him. The Court met, according to the entry in the docket on the fourth Tuesday of August, 1784, and as the trial took place at once, the sentence was carried out on Wednesday.

Among the jurors were several men who were prominent as Indian fighters and participants in the war for liberty.

820Peter Hosterman, foreman, was active as a militia officer and had command of a body of militia to watch and repel savage attacks.

Adam and Michael Grove were famous as Indian scouts, and the latter only a short time before he served on this jury, was one of a company that pursued a party of marauding Indians up the Sinnemahoning. Discovering their camp they stealthily approached at night, rushed upon them, surprised them, captured their arms and killed several. The balance escaped. The Grove brothers then lived in Buffalo Valley, now Union County.

This severe sentence, it seems, did not cure Joe Disberry of his thieving propensities, for the Quarter Sessions docket for August term, 1798 (Northumberland County), shows that he was arraigned and tried on three indictments for burglarizing the houses of Philip Bower, Peter Jones and Isaiah Willits, and convicted on each.

The jurors who found him guilty on each count were John Clark, John Metzgar, John Friesbach, George Clark, John Armstrong, John Cochran, Thomas Murray, Christian Gettig, John Dewart, George Bright, Peter Disher and Hamelius Lomison.

Judge Jacob Rush was President Judge assisted by Captain William Wilson, John McPherson, Thomas Strawbridge and Colonel William Cooke as associates. Robert Irwin was high sheriff of the county. Judge Rush, on sentencing Disberry, said:

“That the prisoner, Joseph Disberry, forfeit all and singular his goods and chattels, lands 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 Peter Bower, and be committed to the house of correction, pay the cost of prosecution, &c.”

The Court then sentenced him on the two other indictments, seven years each. Joe, who was listening very attentively remarked rather jocosely: “Why, Your Honor, three sevens make twenty-one!”

Judge Rush then continued: “That the defendant be conveyed to the gaol and penitentiary house of the city of Philadelphia to undergo the servitude aforesaid for the term of twenty-one years. And that the said Joe Disberry be kept for the space of two years in solitary cells out of the term of twenty-one years.”

This remarkable criminal served his long sentence and returned in 1819 to his old haunts, about Sunbury and the Selinsgrove, an aged man, but as merry as a cricket. Being a natural-born thief, he could not resist the temptation to steal everything upon which he could lay his hands.

The date of his death is unknown. But the late Dr. Robert Harris Awl, of Sunbury, said that some time after his return from serving his long sentence, he went one night to a mill in Union County to steal flour and falling through a hatchway sustained injuries which resulted in his death. It is said that when they came to bury him, the 821owner of the mill insisted that he should be buried deep. “For,” said he, “if it is not done he will return and steal mill, dam and all!”

It is not positively known whence this remarkable man came. Tradition says that he was a native of Connecticut. In that event he might have been among the emigrants to Wyoming, but on account of his evil propensities was banished to Sunbury as a punishment to Dr. Plunket and his people, for whom the Wyomingites bore no love. Neither is it known whether he had any family or property. His criminal record, however, would furnish material enough for a first-class romance.