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 County—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 footsteps[footsteps] 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.