Pennsylvania v. Christian Bugher, David Gilliland, Barnabas Gilliland, and William Ryan

ALLEGHENY COUNTY, September Term, 1797. Pennsylvania v. Christian Bugher, David Gilliland, Barnabas Gilliland, and William Ryan. 3 St. L. 209. 1 Hawk. 294. THIS was an indictment for a riot, on 2d March, 1797, assaulting and threatening to shoot John Watt, and in burning his house. The prosecutor claimed a tract of land of 329 acres, west of the Allegheny river, surveyed 3d May, 1794, on a warrant dated 14th February, 1794; and built a cabbin, and proceeded to clear land, and make improvements. The defendants were settlers, who, in March, 1796, presuming all warrants forfeited, went over the river to improve land, as the expression is, and gain a title by settlement. Bugher improved, built a cabbin, cleared, and fenced, and lived within the survey, under which Watt claimed. Evidence was offered, that Bugher made lines round his claim, improved, and resided on it. Woods, for the prosecutor, objected to any evidence of title or possession, because Bugher had no right to use force. His remedy was by indictment for a forcible entry: and any force by the defendants was a riot. Brackenridge, for the defendants. Force to a certain reasonable extent is lawful in defence of one’s possession. [MAJORITY — President.] President. It is proper to permit Bugher to shew, that he had a possession circumscribed by reasonable limits. Evidence was then given, that Bugher had found old lines round his improvement, and intended to claim to them, expecting to hold 400 acres; that he settled on it in March, 1796, with his family, has lived on it since, built a cabbin, and cleared, fenced, and planted a field of fix or seven acres. 1 Hawk. 274, 293 4. Note.—There was another indictment, of a similar nature, against David Gilliland, and Barnabas Gilliland, for assaulting Thomas M'Connel, breaking open his dwelling house, throwing out his goods, and throwing down his house. M'Connel claimed under a warrant. B. Gilliland claimed by settlement. The jury found David Gilliland guilty. It did not appear, that Watt had made any improvement on the land surveyed for him, when Bugher went to improve there. Watt’s cabbin was about an hundred perches from Bugher’s. There were rails cut, and brush-heaps, before Watt came on the ground where he cleared. The defendants came to Watt’s cabbin, ordered him to leave it, selled trees on it, threatened to shoot him, (one of them had a rifle gun) threatened to fasten him to a log-chain, and drag him with a horse out of the lines, and they set fire to his cabbin, and burnt it. Brackenridge. The act of 3d April, 1792, makes warrants void without settlements in two years. A man may keep others off from his own possession. Woods. Wait had a right to enter peaceably on his own land, to make his settlement required by law.—Whatever Bugher’s claim may have been, he is not justifiable in using force, in taking possession. Any violent execution of a private enterprize, whether lawful or unlawful, is a riot. President. To burn a house, the habitation of a man, and with a man in it, is an outrage not to be justified. Verdict, that David Gilliland, Bugher, and Ryan are guilty.