However, as I noted in the preface, Ned Smith, through his extensive collaboration, provides the most studied perspective. I will let Ned’s words speak for himself:

Ned Smith in a series of emails beginning Wednesday, March 31, 1999 6:33 AM

“Another researcher and I are working on early Smith families of Suffolk County, Long Island, New York. David Smith, b. 1701, moved to Orange Co. 1747 (not 1727) from Brookhaven, Suffolk County. We have not yet found proof of his ancestry, but based on Brookhaven Town records we believe he was probably a descendant of one of the original settlers of the Town. There were three original settlers named Smith- Arthur Smith; Robert Smith, prob. Arthur's brother; and Richard Smith. Richard's family seems to be pretty well documented and David doesn't appear there. Robert seems to have had no children (his estate went to a niece). Thus it might seem David had to have been descended from Arthur. However, we cannot definitely make that connection because it is possible David descended from one of Brookhaven's original settlers through a maternal line and not his paternal side. I would be very interested in what evidence exists indicating that David Smith was a son of "Saint Richard" Smith. However, I do have to say up front that I think it unlikely that David was a son of Richard 3 Smith (Job 2- Richard 1), but I am willing to reconsider in light of new evidence.

The reasons I think it unlikely are:

1- Richard 3 was born 1684; while certainly not impossible that he would have a son born 1701, it would have been very unusual;

2- Richard 3's family bible record showed no children born before Lemuel, 29 Nov 1715;

3- the bible had a stipulation written into it that it should be passed to the eldest son...Lemuel got it;

4- my researches into Suffolk County court papers show that David Smith had a sister Sarah, wife of John Tyler of Brookhaven; thus two children, not just one, would have to be missing from "Saint Richard's" family bible record.

[points 1-3 from Frederick K. Smith "The Family of Richard Smith of Smithtown, Long Island: Ten Generations", (1967), pp. 87-88; point 4 from Edward H. L. Smith III "Gleanings From Suffolk County Court Action Records" in Suffolk County Historical Society Register, vol. XXII, no. 4 (Spring 1997....bound with no. 3 Winter 1996), p. 107]

another email from Ned

“the records will show fairly clearly that David was from the town of Brookhaven in Suffolk County. His ancestry thought is much more of an open question. I really don't have enough evidence to make any kind of definitive statement, but as long as you understand this is no more than a hunch, I will say that, at present, my inclination is to think he was probably a grandson or great grandson of Arthur Smith. Arthur was in Southold, Long Island, in the 1650s, and then because of religious persecution moved to Setauket, the original settlement in Brookhaven during 1659. Arthur had, at least, three sons- Thomas, John and Benjamin. Thomas may have been the father of a later Thomas (b. say 1675-80). It is not known if that younger Thomas had any children, but he prob. could be considered a candidate as David's father. John probably had only one son- John, b. ca 1680 (that probability is based on the apparent fact that all of the elder John's lands and rights to common land seem to have passed undivided to his son John). The younger John had several children, but the oldest was prob. b. ca 1712, so it is unlikely that David belonged to that group. Benjamin had, at least, five sons- Benjamin, b. ca 1692, Daniel, b. ca 1695, Arthur, Samuel, b. ca 1705, and Timothy, b. 1708. It is not known if he had more sons, so the older Benjamin also could be a candidate for David's father.”

letter from Ned Smith to Lil Heselton - 8 April 1999

another email from Ned (Aug 2000)

…the Suffolk County Historical Society has the papers of Frederick Kinsman Smith, the author of the Richard Smith of Smithtown genealogy. Included in it are data he received from a researcher named Lotta Tuthill Vail. Mrs. Vail was an expert on the Tuthill family and she provided Dr. Smith with info on the family of Austin Smith and Mehitabel Tuthill. But she also proposed the theory that David Smith was the son of Joseph (3) Smith of the Smithtown Smiths. Joseph was the brother of "Saint" Richard (3) Smith, who we discussed previously. Joseph is known to have had a son David. There was a David Smith who lived all his life in Smithtown and married Elizabeth Corey. It is not conclusively proven as far as I know, but it is extremely likely that he was the one who was the son of Joseph. That is what Dr. Smith showed in his book. But if David of Orange Co. was actually born 1707, which Mrs. Vail stated, then it is at least a possibility he could have been the son of Joseph (3)- who was born 1685. For reasons I've already gone into I think David of Orange Co. was from a Brookhaven family, but I pass along this theory for your own judgment.

more from Ned (Aug 2001)

David Smith was born April 15, 1701 (or 1707) probably in Brookhaven (formerly Setauket) Long Island. The date comes from David’s gravestone. It is interesting to note that researchers seem divided on the year – the date is difficult to read from the gravestone. It is possible it was easier to read a century ago. It is easy to confuse a 1 and a 7. His death is from the same source (although we do also have a copy of the original will, outlined below).

I have received more than one photograph of this stone. It is of red fieldstone. The clearest quality photograph, received from K. Yatto of Sloatsburg, NY, clearly shows that the birth date is 1701. In a note attached dated Sep 13, 2000, Kurt says, “the grave stone leaves no doubt in my mind that David was born 1701. The sevens and ones look nothing alike”. An article, “Old Tory at Heart held in respect”, from “Old Orange Houses” (also sent to me by Kurt) says: “David Smith, a God fearing man, as evidenced by the epitaph he himself prepared for the tombstone above his grave in the Old Monroe Cemetery, diagonally across Route Seventeen from the house, was a Tory at heart. Tory Smith the neighbors called him.”

The one other documented fact we do know about David Smith is that he had a sister, Sarah, wife of John Tyler. Edward H. L. Smith III "Gleanings From Suffolk County Court Action Records" in Suffolk County Historical Society Register, vol. XXII, no. 4 (Spring 1997 bound with no. 3 Winter 1996), p. 107]

Suffolk County Court Action Records. 1763. File 22 p 8-11 Jonas Carter v. David Smith:

Carter was a tenant of Mary Tyler. Richard Floyd testified that about forty years previous, his father sold land and buildings to John Tyler Sr. About 1740, John Tyler Sr. gave security for a loan to Adam Darling and then mortgaged his land to David Smith. John Tyler Sr.’s wife Sarah was sister of said David Smith. After the death of John Sr. both Sarah, his widow and John Tyler Jr., his son lived on the homestead. John Jr. married after the death of his father. He claimed he inherited the entire homestead. Sarah claimed that the homestead was to be divided equally among all the children (names and number not cited) John Jr. died and left only one child, Mary, the above lessor.

In Cronicles of Monroe in the Olden Times Chapter IX, Rev. Niles Freeland , the author talks briefly of David Smith, father of Claudius. It is interesting to note that although the good minister roundly condemns Claudius, he does not seem to feel so vehement about his father.

There are several references to this “shoes” at the gallows episode. I suspect the story grew with every telling.

Who David’s parents and wives were, is mostly based on speculative evidence and family stories as outlined in the preface. Jeannie Killick wonders in an email to the Orange County forum (97-0908A) if Henry Brewster's wife Mary - although much younger than David - was a sister to David Smith because David came to Orange County with, and stayed with, the Brewsters for an extended period. It was common practice for people to emigrate with family. It is interesting that this same Henry Brewster wrote the letter to Governor Clinton requesting protection from Claudius. It illustrates how very divided folk became during the Revolution. I later (2002) received a message from Jennie in which she says she doubts this relationship. I still regard her speculation as worthy of mention. We can neither prove nor discount it with any authority. On the matter of his wives there is also speculation that there was a third wife, or perhaps a “liaison” in the years before his decease. This may be born out by the lack of mention of any spouse in David’s will. However, David did survive Claudius by ten years so a wife could have easily passed on in the meantime.

The one other reference to David Smith and family that I have come across is quoted below. It is impossible to positively say whether or not this is for “our” family. Both “David” and “Smith” are common names.

New York Post Boy, March 24, 1755 Two children of David Smith died when his house burned down in the latter end of February.

PROPERTY

There is enough documented evidence (below) to state that David did own land in both Brookhaven and Orange County and was an active and respected member of both communities for many years. Samuel W. Eager (a far from unbiased opinion of the Smiths) in his History of Orange County, N.Y. quotes from several early town records in Cornwall Orange County that show David to have been an active and somewhat respected community member there as well.

Assorted papers from the Akerley Collection, Suffolk County Historical Society, Riverhead NY: Vol. 13-74 7 July 1731

An original Deed of David Smith (copy) 16 November 1750

Records of the Town of Brookhaven: Book C; 1687-1789; Weeks/Shaw; 1931

p 178, 6 May 1735: David Smith Colector and Constable

Ned Smith says he doubts the town would have reimbursed David for caring for his own father but he cannot place "Old Richard" among the descendants of either Arthur 1 Smith or Richard 1 Smith and that John Hallock was also cited (p228 above) as caring for him. Ned further says there is definitely a relationship between the families of Benjamin Smith and John Hallock but the precise nature has not been absolutely documented. I find these entries intriguing for what they seem to suggest about the character of the man called David Smith.

p. 128, 1734 David Smith mentioned as abutting land owner in division of common land

p. 142, 24 April 1738, David Smith was one of many grantors who signed a quit claim deed giving land to Mr. Brewster. Ned Smith writes "Those signers appear to be the heirs of the original settlers/proprietors of Brookhaven. Thus David would seem to be a descendant of one. However it is not known if his descent is through a paternal or maternal line. If it was a paternal line, then there were three Smiths with rights as original proprietors: Arthur Smith, who left many descendants, most of whom stayed in Setauket, the original settlement of Brookhaven; Robert, probably Arthur's brother, and who apparently left no children; and Richard Smith, who later founded Smithtown. He left many descendants, most of who stayed in Smithtown, but a few later moved back to Brookhaven.

p. 459, 1741 David Smith and Arthur Buchanan witness signature of arbiter

James Tuthill

p. 155, David Smith assessed tax of 1 pound, 3 shillings

Further, in Suffolk County Mortgages, Liber A; County Clerks office, 1745 a John Tyler (married to David's sister Sarah) mortgages land to David Smith.

The Brookhaven David Smith appears to have moved to Orange County about this time and taken his earmark with him. Earmarks were considered identification and were often carried from one place to another and reregistered during colonial times. (Makes sense that you couldn’t exactly put the cut piece elsewhere when you moved the livestock)

In the Records of the Town of Brookhaven , Book B 1679-1756; compiled by the Town Clerk

Page 520: March 2^nd 1725 : David smith Eare mark is a el on the uppe(r) side of the Rite Eare

This is later crossed out which would seem to indicate he left Brookhaven and/or abandoned his earmark. This is the same mark he used in Orange County. As shown in the Record of Cornwall and Blooming Grove, Orange County and Province of New York, from November 1760-Feb 1799.

"Here followeth a Register of Marks of Creatures belonging to the freeholders and inhabitants of the Precinct of Cornwall in Orange County and Province of New York, from the time the said precint was divided from the precinct of Goshen, which was AD 1765.""David Smith Esq. Ear Mark for cattle and other creatures is a latch on the upper side of the right ear" - This seems to indicate that David in Brookhaven in 1725 and David in Cornwall in 1765 are one and the same.

So we have transitioned David from Brookhaven to Orange County. The clearest indication of this is a deed recorded 16 Nov 1750 in Suffolk County for two lots of land in the West Meadow Neck – sold by David Smith to George Muirson. The deed begins: To all Christian people to whom these presents shall come Greeting; know ye that David Smith of Smith’s Clove in the County of Orange in the province of New York yeoman, for an in consideration. Clearly, David has moved and is selling his land.

Russell Headley ed., The History of Orange County New York, Middletown, New York: Van Dusen and Elms, 1908. p 461: " The Smith's were in this region as early as 1727, and the name Smith's Clove near the present Village of Highland mills appears in the town records of Cornwall of 1765". Actually, the Smith’s referred to here are likely not the direct family of our David. This is probably referring to the family of Judge William Smith who had extensive lands in the Wawaywanda and Cheescocks Patents. True enough our David settled in the Clove at an early date but so did at least two other Smith families. We do have some records on David settling in Orange County. He appears to have come about 1742 with Henry Brewster. His purchases are recorded in the Historical Society of Newburgh Bay and the Highlands Historical papers No 11, pp 61-63 (Weygant’s "Wawaywanda vs Cheesk-ook"(received from Jennie Killick Mon. Nov 2, 1998 12:32 p.m.)

The Goshen deed referred to above is found in Liber C p 327 Orange County in the following abstract (actually quoted from the Hurd genealogy):

: Indenture made this June 4, 1752, between Joseph Allison and Cornelius Allison and Rebecca Allison wife of the said Cornelius, of the one part and David Smith of Smithtown in the County of Suffolk and province aforesaid on the other part. For the sum of four hundred and fifty pounds current and lawful money of the province" the Allisons sold to David Smith one certain lot or messuage of land, together with a grist mill and all houses, barns, stables, buildings and orchards, gardens, water courses". They guaranteed the property free from all manner of encumbrances, "the grist rents hereafter due the King only excepted". This was witnessed by David More and William Deane. The deed was not formally recorded, however, until November 28, 1771 when David More appeared before the Inferior Court of Common Pleas for the County of Orange and swore he saw the deed executed and delivered.

Meta Smith Bush in "Smith and Allied Families" on page 33 and following, discusses Lot 43 of the Cheesecocks patent that was purchased by David Smith. Her perspective as an historian and family member and also as one who knew first hand the property is invaluable to distant researchers like myself.

“The Cheesecocks Patent Covers the towns of Monroe and Tuxedo and part of Rockland County and was acquired by purchase from the Indians and by grant of Queen Anne. In the “marble covered field book” of Charles Clinton is a record of the partition of the lots of Cheesecocks among the owners in 1738 who at that time were: William Smith 2/7^th interest; James Alexander 1/7^th interest; Smith and Alexander 1/7^th interest; Philip Livingston 1/7^th interest; John Chambers 1/7^th interest and John McEvers and Catherine Symes 1/7^th interest...In the partition of the lots on Feb 23 1737/38, Lot 43 fell to Philip Livingston, and Lot 34 to John McEvers.” She also explains where this property is in Orange County

and she also provides a copy of the Great Mountain Lot 13 as described in the field notes of Charles Clinton:

Historically, there follows a series of conveyances on all or part of Lot 43 beginning with David Smith’s will, Liber A page 5 and dated June 10, 1783. This is quoted in its complete form at the end of this paper. In the will he leaves part of the property to his son Hophni Smith, and the remainder to his grandsons Uriah and Guy – sons of his then recently deceased son Julius. Hophni sold and bought back the property or bits of it several times. Beginning with the following deed transcribed from the original 1790 14 April Lib D p 503 Hophni Smith and Abner Cunningham by Lil Heselton

In 18 June 1825 Liber AA p 259, Guy Smith, grandson of David, sells the inherited part back to Hophni Smith, his uncle, for $1.00.

In a copy of a Monroe paper, nearly 200 years later I discovered the following notation. The property has an historical marker. The Record , Friday October 15, 1993 p24, Peter S Kahrmann.

Monroe: A national historical Society will conduct a commemoration ceremony tomorrow for the pre-Revolutionary War site of Smith’s Mill in Crane park. The mill was built in 1741 by David Smith, the area’s first English settler…Cornelia “Wendy” Bush, a descendant of Smith and a member of the society, said the mill site “was of strategic military importance for both sides” during the Revolutionary War. According to Ms. Bush, Gen George Washington and his army frequently passed through the mill area, often stopping to water their horses at the mill pond…

In a lovely “picture” book, called Old Orange Houses, by Mildred Parker Seese, Middletown NY, Whitlock Press, Vol 1 1941, Vol 2 1943 on page 15 :

That David was an active and respected citizen of Orange County before the revolution can be determined from his participation in public office. He appears to have taken a very active part in his community both in Brookhaven as illustrated above and in Orange County. The Eager history, written about 50 years later, shows that his “respect” was tempered by his Tory leanings (and his son Claudius’ activiries).

Samuel W. Eager, An Outline History of Orange County. Newburgh: S.T. Callahan, 1846-7.

David’s strong Tory leanings probably were instrumental in Claudius’ campaign to support the British. Julius and Hophni seem to have supported the Tory cause but with much less furvor than their brother Claudius. At least two of his Smith grandsons, Samuel and David Jr. were supporters of the Patriotic Cause. A fellow Smith researcher, George E Smith says in his biography of the family “ The Smiths felt confident that they were helping King George to bring his revolted colonies back to their sovereign” It is recorded on page 69 of the Ruttenber and Clark History of Orange County that among the persons refusing to sign the Oath of Association in Cornwall district are: Hop Smith, David Smith, James Smith and a Saml Smith (could be ours but since her served in Col Hawthorns Regmt probably another one – There are no less than 3 Samuel Smiths who also “signed” at Cornwall. It is impossible to determine which is which – except perhaps by those who signed next in order).

In the Hurd Biography (see comments below) we find the following analysis of David. - This (unsigned and undated) biography is almost word for word out of the Meta Smith Bush Biography

…With the coming of the Revolution, life must have become sad for the elder David. On 1776, he was 75 years old and instead of peaceful old age, he saw his descendants take opposite sides in the struggle for independence, as was the case in many other families. It is believed that Julius went to New Brunswick to join the British and there became ill and died. This is not necessarily true but seems to be accepted through tradition by both Helen Predmore and Meta Smith Bush as his fate. If you consider that David’s Will dated 1783 refers to only the sons of Julius, and that Julius’ administration was carried out by his brother Hophni and is registered in NY Orange County Index to Surrogates Records -1787-1898; Julius Smith; Administrations Volume A; p. 13; 27 June 1787. It is indeed possible that Julius died elsewhere and “things” were put in order only after the Revolution.

To Hophni Smith of the Precinct of Cornwall in the County of Orange, executor and brother of Julius Smith late an inhabitant of the Precinct of Cornwall...Whereas the said Julius Smith is alleged lately died intestate,....do grant unto you the said Hophni Smith full power...and we do by the presents appoint you administrator .....27th day of June 1787 .

Suffice it to say Julius can be numbered in the Tory side of the clan. It is interesting to note that David’s daughters seem to have married Patriots. His daughter Margaret married two patriots – John Little and perhaps also John Smith. His daughter Jerusha married Rumsey Rose, son of Capt. Phineas Rose. And his daughter Mary married Isaac Tooker who is listed in Phineas Rumsey’s Militia in New York In the Revolution and also had Land Bounty rights. As for Claudius, and family,

....Claudius, was an ardent Tory as were 3 of his 4 sons, Richard, William, James. His brother, David Jr. became a militia man in the 2nd regiment of Orange County Militia under Col. Ann Hawk Hay and he also appears as a militia man under Co. John Hawthorne. Claudius' son, Samuel was... a Whig, thus differing from his Tory father and 3 brothers. Samuel signed the articles of Association in Cornwall in 1775 and appeared as a militia man in the 4^th regiment of Orange County Militia under Col. John Hawthorne. He is listed for land bounty rights as a member of the 3rd regiment of Orange County Militia. All of this is quoted from the various histories (Eager, Headley and Ruttenber and Clark) of Orange County and can be confirmed also in the Revolutionary Papers held by the NY Historical Society and also in the book New York in the Revolution, Colony and State.

Thus David had according to the records, two sons (Julius and Claudius) and 3 grandsons (James, William, Richard) who were active Tory and 1 son and 1 grandson, actively fighting in the Revolutionary Troops. David (Sr.) is registered as refusing to sign the “Articles of Association for the Committee of Safety and Observation”. In 1780 Col. Jesse Woodhull returned a list of persons assessed whose sons "have gone over to the enemy". David Smith's name leads the list with an assessment or fine of 25 pounds. This money was used for the purpose of filling up the State Battalions during the war. There is no record of son Hophni at this time on either side, Tory or Whig...

It is suggested that Hophni was in Philadelphia (Bush) or elsewhere, as Aaron Cunningham, a neighbour, and possibly his brother in law, had the equivalent of rights of attorney during the war. At any rate Hophni made himself pretty scarce in Orange county. However, Hophni was the executor of his father’s will – which definitely favors Julius’ family and Hophni (who I believe most probably was somehow involved in the Tory cause).

It is interesting to note that In the History of Orange County, Ruttenber and Clark, Heart of the Lakes Publishing Co; Interlaken NY 1980 (reprint)p 50 a “David Smith” is listed in the “A List of exempts of Capt. Arthur Smith’s company, April 23, 1779” Capt Arthur Smith’ s Company was part of Col Hasbroucks Newburgh Regiment. Exempts were usually due to age. David would have been nearly 80 so would probably qualify for an exemption..

There is a further reference to a fine paid by David. David was fined (quite heavily actually in comparison to the fines paid by others) because he was deemed culpable for Claudius. Why I am not sure, Claudius was definitely a grown man with mature sons at the time. It is found in the journal North Jersey Highlander Vol. IV No 3 Issue 12 Fall 1968, "The Career of Claudius Smith" by Claire K Tholl p3:

There is an interesting discussion on the Revolution in general and in Orange County in particular in Joshua Hett-Smith’s book, " An Authentic Narrative of the Causes Which Led to the Death of Major Andre, Adjutant-General of His Majesty’s Forces in North America [New York: printed for Evert Duyckinck, 1809]

.... this district (Smith Clove) was celebrated for the attachment of its inhabitants in general to the British interests, who had frequently encouraged and protected parties from New York in their mountainous recesses". On the next page he tells us, "the importance of the passes of the highlands was and probably may be again, the subject of military contemplation. I must be allowed to add that almost all the communications between Canada and New York passed through this place; there being a regular connection of the Kings's friends where they could take their stages during the whole war in the greatest safety". Meta Smith Bush comments: Joshua Hett Smith proved quite conclusively that Tories abound, for while awaiting trial at Goshen, he escaped and hid in a Tory home in Goshen and was aided by Tories there to escape to New York. Joshua Hett Smith comes from a very respected Patriot family with a lot of political leverage. It is not surprising that many reports of Hett Smith seem to suggest that he was not really a “bad guy” – just someone in the wrong place at the right time.

Later in the same book by Joshua Hett Smith rather appropriately comments: ”This was the unhappy state of a district more than fifty five miles in extent in one of the oldest and best settled counties in the government where literally brother was against brother, father against son, frequently imbruing their hands in each others blood”

Finally as another sort of perspective on all of this talk on the Revolution, and which side you were on I happen to believe many were on both sides at once – depending on the present company they were keeping. I offer the following quote found on a message board on Genforum.com from Thomas A. Murray RE: SMITHS of Orange County NY: April 23, 2001

There are several histories/biographies that have been done on the Smith family. Helen Predmore did a paper on the Smiths titled Smith of Smith Clove. This paper has an accompanying synopsis mostly gleaned from relatives, cemeteries and local registers by Mrs. Predmore when tracking families of the area. It is full of dates but little else. The first real history I received was Smith Family History 1648-1779; author unknown, received from Terry Hurd. He says the biography has been in his family for many years but no one knows by whom it was written. However, This paper is a word for word copy of the complete and longer version of Helen Predmore's "Smith" papers. I later received another biography titled Smith First Generation in Orange County the wording in the three documents is nearly identical in may places except that the later document never assigns parents to David Smith. I later discovered that this is actually an excerpt of the Smith and Allied Families biography by Meta Smith Bush which has been quoted and referred to above and is by far the most complete and instructive of the three. I believe the Predmore and Meta Smith Bush biographies predate the Hurd one - although there is no indication of a date for any paper. Since the Bush biography is much longer and more thorough I suspect that it probably follows the Predmore Biography. However, I have chosen to leave the quotes from the Hurd biography because it was the only one I had when beginning this analysis. Please remember that none of these papers are identical and none are dated.

"David Smith, born April 15, 1701 in Smithtown (not likely!), Long Island. Various evidence has led to the conclusion that he was an unknown younger son of Richard Smith, called Saint Richard, to distinguish him from the other Richards of the locality. The nickname of the father is enough to tell as the son was brought up in a good home with good influenceHe had the usual life of a boy of that period; that is he learned a trade and also had to farm. Farming was the necessary foundation of all living in those days, for families raised the necessities of life for their own use. No records that would give glimpses of individuals of early Smithtown are available, for no minutes of the Town Meetings prior to 1715 are preserved." . (Note: This theory is NOT in the Bush biography and further, Ned Smith presented his argument against this theory above.)