On December 27, 1768, sixty-eight year old Lieutenant Thomas Wells, one of the founders of Chester, New Hampshire, drafted his last will and testament, and the witnesses included his son Thomas, age 29, and John Haseltine. While this date seemed insignificant to them at the time, the date December 27 would prove most sinister for the Wells family in the future. Nevertheless, at the beginning of the document, Wells noted that he was in a "Weake and Low State of Health in Body but yet of Sound Disposing mind and memory." This was certainly true, as probate records reveal that Wells died and the will was proved less than six months later in May 1769. His son Thomas received a large chunk of land from his father but also he assumed a much greater responsibility; the guardianship of his eleven-year-old sister Pheobe. Pheobe was granted her mother Elizabeth's remaining clothes, who we must assume had died prior to the will being drawn up since there is no mention of her. Upon her eighteenth birthday in 1775 or marriage if it came first, Pheobe would also inherit two thirds of her father's household goods and furniture, one cow, six sheep, and five pounds cash.(1)
Five years passed in Chester. But across New England, there was tremendous turmoil during this period. In March 1770, colonists had taunted British Regulars on the streets of Boston, resulting in the bloody Massacre. In March 1772, rebellious citizens of Rhode Island burnt HMS Gaspee, sent by the Royal authoritites to stop smuggling along the shore. A month later in New Hampshire, angry farmers and merchants in Weare had beaten the sheriff with sticks when he attempted to arrest them for illegally cutting down trees marked for the Royal Navy in what became known as the Pine Tree Riot. Then only a week earlier, crates of expensive tea were infamously thrown into Boston Harbor, inspiring boycotts of imported tea in towns across the region.
But it appears that even in bucolic Chester far from most of this turbulence, some relationships had begun to sour or even become violent. Exactly 240 years ago today on December 27, 1773, Thomas Wells paid a visit to the home of Deacon William Tolford, who had emigrated with his brother John from Londonderry, Ireland decades before and became quite prominent members of the community. In fact, Thomas Wells Sr. had served as lieutenant and John Tolford captain of the Chester militia company back in 1744, so the two families had known each thirty years by the 1760s. John achieved the rank of Major in the New Hampshire militia and conducted a scouting party with John Stark in 1754.(2) The reason why Wells went to the Tolford's home is unclear, but it certainly involved the conduct of Willliam's thirty-one year old son John, named in honour of his brother. But tragically John apparently suffered from acute mental illness but somehow got his hands on the family firearms. That's when the trouble started.
In the Rockingham County Superior Court records, the depositions of the witnesses provide a chaotic but account of what occurred. William Tolford was perhaps the most important since it was his house and his son who committed murder: "John...took a gun and pistel and went to the End of the House and then came into the House again after Mr Thomas Wells and I had took the pistol from him and I tok Hold of the gun with an Intent to Take it from him but he broke my Hold and the gun and shot Thomas Wells through the Body Who Died immediately."
Major John Tolford evidently lived nearby, because he recalled: "My Brother William Tolfords Wife came runnning to my house and said their was a sad accident Happned at their house and I went Immediately to my Brothers house and as I was going I met John Tolford Juner my Bothers son With a gun and pistol I asked him Where he Was going and he gave me no direct answer I Laid hold of the gun and pistol in order to take them from him but did not then. We Came Into my Brother house together and When We came in Thomas Wells was Laying Dead on the flowar and upon my Repremanding him for the Deed he Had done he said he Had not Done it but it was Just he should die and I judged him not to have the Exercise of his Reason at that time."
Peter Haseltine also went to the Tolford home when he heard rumors of the tragedy there, and confirmed the observation that John Toldford was either drunk or insane: "I had Word that Thomas Wells was Dead upon Which I Went to Deacon Tolfords wioth my Brother We knocked at the Door and Were bid come in When We came to the Inter Door my Brother being formost John Tolford presented a gun at us the gun was Took from him then he made an attemt to point a pistol at us and that was taken from him When We came in Thomas Wells Who Laying dead on the flowar John Tolford was asked Why he Kild him he said it was just that he should die and said Tolford appeared to me to be in Liquor or Delireus or Both."
So whatever motivated Tolford to shoot, there is no doubt that Thomas Wells was dead. The news reached Portsmouth by at least December 31, when the New-Hampshire Gazette noted that "we hear from Chester...one Thomas Wells of that Town was shot through the Body, and died Instantly. The person who committed the fact, is taken into Custody in order for Trial." There is no known gravestone for Thomas Wells, but it's likely he is buried here:
John Tolford's trial began in Portsmouth on March 3, 1774, "in the presence of a great concourse of people" hungry for every juicy detail as they are still today. The newspaper further divulged that "it was clearly proved he shot Wells dead on the spot with a loaded Musket, but it also appearing by a number of Witnesses, he was at the time Disordered of his Senses, he was acquitted." This verdict did show some compassion among the populace. A century earlier he most certainly would have been hanged. However, Daniel Fowle, printer of the New Hampshire Gazette on March 13, 1774, added an editorial of his own: It is hoped and expected, that this will be a sufficient Warning, and that the Friends of the above Mr. Tolford, and the Friends of all other Disordered Persons, will take proper care of them in Time, particularly keep Guns, ect out of their Way."
Isn't it ironic and sad that 240 years later, we are still struggling with this same issue?
What happened to Phoebe Wells after her guardian's death and whether she finally received her full inheritance from her father is currently unknown. There was a Phoebe Sargent living in Chester in 1790 when the first Federal Census was taken, but it is unclear if she ever married. Also tragic is the fate suffered by John Tolford, who escaped the gallows but suffered a fate perhaps much worse. The town historian of Chester in the 19th century, Benjamin Chase, reported with a sense of horror that Tolford "was so insane afterwards that he was kept in a cage about forty years."(3) That just sends chills down my spine.
Notes
1. Probate Records of the Province of New Hampshire, State Papers Series, Volume 39, pages 203-206.
2. Benjamin Chase, History of Old Chester From 1719 to 1869 (Auburn, 1869) pgs. 365, 599.
Five years passed in Chester. But across New England, there was tremendous turmoil during this period. In March 1770, colonists had taunted British Regulars on the streets of Boston, resulting in the bloody Massacre. In March 1772, rebellious citizens of Rhode Island burnt HMS Gaspee, sent by the Royal authoritites to stop smuggling along the shore. A month later in New Hampshire, angry farmers and merchants in Weare had beaten the sheriff with sticks when he attempted to arrest them for illegally cutting down trees marked for the Royal Navy in what became known as the Pine Tree Riot. Then only a week earlier, crates of expensive tea were infamously thrown into Boston Harbor, inspiring boycotts of imported tea in towns across the region.
But it appears that even in bucolic Chester far from most of this turbulence, some relationships had begun to sour or even become violent. Exactly 240 years ago today on December 27, 1773, Thomas Wells paid a visit to the home of Deacon William Tolford, who had emigrated with his brother John from Londonderry, Ireland decades before and became quite prominent members of the community. In fact, Thomas Wells Sr. had served as lieutenant and John Tolford captain of the Chester militia company back in 1744, so the two families had known each thirty years by the 1760s. John achieved the rank of Major in the New Hampshire militia and conducted a scouting party with John Stark in 1754.(2) The reason why Wells went to the Tolford's home is unclear, but it certainly involved the conduct of Willliam's thirty-one year old son John, named in honour of his brother. But tragically John apparently suffered from acute mental illness but somehow got his hands on the family firearms. That's when the trouble started.
 |
| Here is an original early to mid 18th century fowling gun, which might be close to the weapon owned by William Tolford. |
In the Rockingham County Superior Court records, the depositions of the witnesses provide a chaotic but account of what occurred. William Tolford was perhaps the most important since it was his house and his son who committed murder: "John...took a gun and pistel and went to the End of the House and then came into the House again after Mr Thomas Wells and I had took the pistol from him and I tok Hold of the gun with an Intent to Take it from him but he broke my Hold and the gun and shot Thomas Wells through the Body Who Died immediately."
Major John Tolford evidently lived nearby, because he recalled: "My Brother William Tolfords Wife came runnning to my house and said their was a sad accident Happned at their house and I went Immediately to my Brothers house and as I was going I met John Tolford Juner my Bothers son With a gun and pistol I asked him Where he Was going and he gave me no direct answer I Laid hold of the gun and pistol in order to take them from him but did not then. We Came Into my Brother house together and When We came in Thomas Wells was Laying Dead on the flowar and upon my Repremanding him for the Deed he Had done he said he Had not Done it but it was Just he should die and I judged him not to have the Exercise of his Reason at that time."
Peter Haseltine also went to the Tolford home when he heard rumors of the tragedy there, and confirmed the observation that John Toldford was either drunk or insane: "I had Word that Thomas Wells was Dead upon Which I Went to Deacon Tolfords wioth my Brother We knocked at the Door and Were bid come in When We came to the Inter Door my Brother being formost John Tolford presented a gun at us the gun was Took from him then he made an attemt to point a pistol at us and that was taken from him When We came in Thomas Wells Who Laying dead on the flowar John Tolford was asked Why he Kild him he said it was just that he should die and said Tolford appeared to me to be in Liquor or Delireus or Both."
So whatever motivated Tolford to shoot, there is no doubt that Thomas Wells was dead. The news reached Portsmouth by at least December 31, when the New-Hampshire Gazette noted that "we hear from Chester...one Thomas Wells of that Town was shot through the Body, and died Instantly. The person who committed the fact, is taken into Custody in order for Trial." There is no known gravestone for Thomas Wells, but it's likely he is buried here:
John Tolford's trial began in Portsmouth on March 3, 1774, "in the presence of a great concourse of people" hungry for every juicy detail as they are still today. The newspaper further divulged that "it was clearly proved he shot Wells dead on the spot with a loaded Musket, but it also appearing by a number of Witnesses, he was at the time Disordered of his Senses, he was acquitted." This verdict did show some compassion among the populace. A century earlier he most certainly would have been hanged. However, Daniel Fowle, printer of the New Hampshire Gazette on March 13, 1774, added an editorial of his own: It is hoped and expected, that this will be a sufficient Warning, and that the Friends of the above Mr. Tolford, and the Friends of all other Disordered Persons, will take proper care of them in Time, particularly keep Guns, ect out of their Way."
Isn't it ironic and sad that 240 years later, we are still struggling with this same issue?
What happened to Phoebe Wells after her guardian's death and whether she finally received her full inheritance from her father is currently unknown. There was a Phoebe Sargent living in Chester in 1790 when the first Federal Census was taken, but it is unclear if she ever married. Also tragic is the fate suffered by John Tolford, who escaped the gallows but suffered a fate perhaps much worse. The town historian of Chester in the 19th century, Benjamin Chase, reported with a sense of horror that Tolford "was so insane afterwards that he was kept in a cage about forty years."(3) That just sends chills down my spine.
Notes
1. Probate Records of the Province of New Hampshire, State Papers Series, Volume 39, pages 203-206.
2. Benjamin Chase, History of Old Chester From 1719 to 1869 (Auburn, 1869) pgs. 365, 599.
3. Chase, History of Old Chester From 1719 to 1869, p. 128.
