years of age. In the trial of this case we can imagine the dignity and deliberation of his procedure, and the beaming of his intelligent face, which attracted so much attention when a few years later he became the man second in America to none but Washington.

The witnesses were summoned to present themselves at eight o'clock in the morning, and there was a host of them. There were Dr. Nathaniel Perkins and Dr. James Lloyd, both of Boston, Dr. Isaac Rand of Charlestown, David George and Josiah George, both of Newburyport,* Rev. Samuel Pearley of Seabrook,† John Fowler of Ipswich, yeoman, Enoch Kimball, yeoman, John Chadwick, gentleman, and his wife Susannah, Prudence Tyler, singlewoman, Mehitable Tyler, wife of Gideon Tyler, Benjamin Porter, jr., yeoman, John Tyler and Jonathan Tyler (sons of Gideon Tyler), William Eiles, yeoman, Oliver Foster, yeoman, Jonathan Foster, gentleman, George Farnam, laborer, all of Boxford, Miriam Dole of Rowley, Joseph Manning, John Calfe, Ephraim Chadwick, Dr. Thomas Kittredge, Dr. Francis Hodgskins, Dr. John Manning, jr., Abraham How, yeoman, all of Ipswich, Elizabeth, wife of Richard Kimball, Dr. Moses Barker, Solomon Cole, yeoman, Daniel Long, yeoman, all of Andover, Sarah Estey of Middleton, spinster, Nathan Browne, gentleman, and Jonathan Cook, fisherman, both of Salem, Aaron Wood, esq., and Amos Kimball, yeoman, both of Boxford, Dr. William Hale of Boxford, Dr. Macajah Sawyer and Dr. Enoch Sawyer, jr., both of Newburyport, Dr. Nehemiah Abbot of Andover, Lucy, wife of Abraham How, Ezekiel Potter, yeoman, and Martha Pearley, spinster, both of Ipswich, Dr. Ward Noyce of Andover, Moses Dole, yeoman, Daniel Spafford, gentleman, and Robert Cregg, yeoman, all of Rowley, Moses George of Newburyport, shipwright, Mary, wife of Isaac Blunt of Andover,

*These young men were under age, and were summoned in behalf of the prisoner.

+Brother of the murdered woman.

Sarah Porter, widow, and Dea. Thomas Chadwick, both of Boxford, John Barker of Andover, Dr. Henry Dow Banks of Haverhill, and Richard Dole and his wife Miriam of Boxford.

Mrs. Ames "was thereupon brought and set to the bar and arraigned and upon her arraignment pleaded not guilty and for trial put herself upon God and the country,"- -so runs the official record. The jury were then sworn to try the issue.

The trial began at nine o'clock; and the substance of the evidence, according to the report of the case in the then current Essex Gazette, was as follows:

"That on a violent Sufpicion that the faid Ruth Eames, who died the Beginning of laft May, was poifoned, her Body, five Weeks after the Burial, was taken up; and a Number of Phyficians, fummoned on the Jury of Inqueft, on opening the fame, and finding a Subftance, which they believed to be Arfenick or Ratsbane, adhering to the Coats of the Stomach, were unanimoufly of Opinion, that fhe loft her Life by Poifon: That, to corroborate this Opinion, it appeared that one Mrs. Kimball went to fee the Deceafed the Morning before her Death, and on fignifying her Desire of going up Chamber, the Prifoner (who was Mother in Law to the faid Deceafed, and refided in the fame House with her) made an Objection to it, intimating that her Daughter was very ill, and had vomited and purged fo much as to render it very difagreeable to enter the Chamber; notwithftanding which, Mrs. Kimball went up, found (the Reverfe of what had been told her by the Prifoner) the Chamber clean and agreeable, and no Signs of vomiting or purging, but found the Deceafed almoft or quite in the Agonies of Death, with Froth or Phlegm iffuing out of her Mouth, and expired foon after, viz. between 11 and 12 o'Clock in the Forenoon, having been ill from about feven in the Morning: That before her Death, the Prifoner faid, she would certainly die, for her Disorder was the fame that one Mrs. Chandler died of fome

Years before, and was as mortal as the Plague ; and that there would be another Death in the Family foon (meaning an Infant which the Deceased, its Mother, had lately fuckled): That on laying out the Body, livid Spots, an Indication of Poifon, appeared on one of her Arms: That the Prisoner, when she was affured the Body would be dug up, expreffed much Concern, and said she should not live a Month: That fince her Imprisonment, she has said, she believed her Daughter was poisoned, and that her Son Jonathan (Husband to the Deceased) did it; and asked whether she could not turn King's Evidence."

The court thought proper to admit the evidence of Jonathan, who had turned King's evidence against his mother.

"By his Teftimony, it appeared, that, five or fix Days before his Wife died, his Mother told him, that she would deprive him of his Housekeeper (as fhe called his Wife) if she did it by a Portion of Ratfbane; and the Night before her Death, he saw his Mother give his Wife a Piece of Bread and Butter, with Ratsbane on it, as near as he could tell; and faid that fince he has heard the Doctors tell what Ratfbane is, he is certain that it was that; and that he cautioned his Wife against taking it."

The trial continued through the short November day, and the dusk of evening found the court in session. Candles were lighted, and dimly dispelled the darkness of the ancient court room. Gloom must have settled on the prisoners, who knew not what the result of the trial might be, and the jury, too, could not have escaped from the feeling of awe that their duty that night must give or take a human life.

The trial wore on. The midnight hour approached and passed before the lawyers began their arguments to the jury.

John Adams spoke first. With all the solemnity of the hour and the occasion, he urged the jury to give release to the prisoner. As the substance of his argument, he said that by the evidence it did

not appear that Mrs. Ames had been guilty of any ill behavior toward the deceased during their residence together in the same house; that it was the opinion of physicians that it was very improbable, if not impossible, that arsenic should lie so long in the body, as it was said it did in that of the deceased, that is, from some time in the evening till seven o'clock in the morning, before it operated; that the body, when taken up, was not putrefied in such a manner as it must have been had the deceased been poisoned; and that the evidence of the prisoner's son, Jonathan Ames, was not to be relied on, as he had sworn before the coroner, at the time the body was taken up, that he had no knowledge of any one's poisoning his wife; and now, in order to get clear himself, was so base as to give testimony which not only rendered him guilty of perjury, but had a direct tendency to take away the life of his own mother.

In reply Jonathan Sewall said, in substance, that the deceased on the same day that she ate the bread and butter dined on a fish called shad, and in the evening following ate a hearty supper of the same kind of fish; which, together with the quantity of butter on the bread, with which, it was said the arsenic was mixed, and some Spermaceti which she took soon after, might very probably tend to delay the operation of the arsenic ; or, that which the prisoner gave the deceased, on the bread and butter, might have been salt, and that Jonathan was made to believe that it was ratsbane, as an artifice to render a discovery more difficult and perplexing, and that she in fact administered the arsenic the next morning; that as to the body's not being putrefied as much as might be expected it was the opinion of physicians that so large a quantity of arsenic might be received into the stomach as to cause violent convulsions and contractions of the large and small orifices, which might bring on death before the poison had mixed with the blood, and therefore a speedy putrefaction, as in cases wherein the body swells, might not

take place; that the prisoner's son, Jonathan Ames, was a legal witness; and that it could not be supposed that he would come into court, and, in a most solemn manner, swear to that which was false, when he must be convinced that his evidence would probably be the means of taking away the life of her who bore him.

Three of the judges, in summing up the evidence, were clear and explicit in declaring their opinion that the circumstances proved amounted to "a violent presumption" that the prisoner was guilty. The other judge was not so clear in his opinion and said that a doubt might arise concerning the prisoner's guilt from the judgment of the physicians in her favor. The case was then committed to the jury, and the court adjourned at two o'clock in the morning until nine o'clock.

At nine o'clock the court came in, the prisoner was placed at the bar, and the jury rendered their verdict which cleared the prisoner from the bands of the law at least. The record continues, "It is therefore considered by the court that the said Elizabeth Eames go without day."

The record of the court closes as follows:

"Upon the motion of John Adams Esq. attorney to Jonathan Eams jun. and Elizabeth Eams Jun'. who stand committed to his majesty's Goal in this county, viz The said Jonathan for the murder, and the said Elizabeth as being accessory to the murder of One Ruth Eams, be discharged the King's attorney not objecting

"Salem november 15th: 1769. Judgment was entered according to the Verdicts and Complaints, &c, and the court is adjourned without day."

The next spring, Jonathan Ames, senior, sold the farm, and the family removed to some place unknown to the people of the parish, being virtually exiled from all their

old associations and homeland.

NOTE.

Betsey Abbott married Samuel Young June 25, 1793.-Beverly town records.

BATTLE OF SARATOGA, 1777.

BY GEORGE W. PIERCE.

The following is an extract from a letter written by Gen. E. Mattoon, dated Amherst, Mass., Oct. 7, 1835, and addressed to Philip Schuyler :

"On the 7th of October the American army was posted, their right wing resting on North river, and left extending on to Bemis Heights, Generals Nixon and Glover commanding right, Lincoln centre, and Morgan and Larned the left.

"The British army, with its left resting on the river, commanded by Phillips, their centre by Gen. Reidesel, and extreme right extending to the Heights, was commanded by Lord Balcarras, where he was strongly fortified. Their light troops were under the command of Gen. Fraser and Lord Auckland (Ackland).

"About one o'clock of this day two signal guns were fired on the left of the British army, which indicated a movement. Our troops were immediately put under arms and the lines manned. this juncture Generals Lincoln and Arnold rode with great speed towards the enemy's lines.

At

"While they were absent the picket guards on both sides were engaged near the river. In about half an hour Generals Lincoln and Arnold returned to headquarters, where many of the officers collected to hear the report, Gen. Gates standing at the door.

“Gen. Lincoln says, 'Gen. Gates, the firing at the river is merely a feint; their object is your left; a strong force of 1500 men are marching, circuitously, to plant themselves on yonder height. That point must be defended, or your camp is in danger.' Gates replied, 'I will send Morgan with his riflemen and Dearborn's infantry.' Arnold says, "That is nothing; you must send a strong force.' Gates replied, Gen. Arnold, I have nothing for you to do, you have no business here.' Arnold's reply was reproachful and severe. Gen. Lincoln says, 'You must send a strong force to support Morgan and Dearborn, at least three regiments.'

"Two regiments from Gen. Larned's brigade and one from Gen. Nixon's were then ordered to that station, and to defend it at all hazards. Generals Lincoln and Arnold immediately left the encampment and proceeded to the enemy's lines. In a few minutes Capt. Furnival's company of artillery, in which I was a lieutenant, was ordered to march towards the fire, which had now opened upon our picket in front, the picket consisting of about 300 men. While we were marching, the whole line, up to our picket or front, was engaged. We advanced to a height of ground which brought the enemy in view, and opened our fire. But the enemy's guns, eight in number, and much heavier than ours, rendered our position untenable. We then advanced into the line of infantry. Here Lieut. McLane joined me. In our front there was a field of corn, in which the Hessians were secreted. On our advancing towards the cornfield a number of men rose and fired upon us. McLane was severely wounded. While I was removing him from the field the firing still continued without abate

ment.

"During this time a tremendous firing was heard on our left. We poured in on them our canister shot as fast as possible, and the whole line, from left to right, became engaged. The smoke was very dense, and no movements could be seen; but as it arose our infantry appeared to be slowly retreating, and the Hessians slowly advancing, their officers urging them on with their hangers.

"The troops continuing warmly engaged, Col. Johnson's regiment, coming up, threw in a heavy fire, and compelled the Hessians to retreat. Upon this we advanced with a shout of victory; at the same time Auckland's corps gave way.

"We proceeded but a short distance before we came upon four pieces of brass cannon, closely surrounded by dead and dying; at a few yards further we came upon two more; advancing a little further we were met by a fire from the British infantry, which proved very fatal to one

of Col. Johnson's companies, in which were killed one sergeant, one corporal, and fourteen privates, and about twenty were wounded.

"The enemy advanced with a quick step, firing as they came on. In a short time they ceased firing and advanced upon us with trailed arms. At this juncture Arnold came up with Brooks' regiment and gave them a most deadly fire, which soon caused them to face about and retreat with a quicker step than they advanced."*

NOTES.

Walter Aaron was brought out of Ireland about 1680 and sold (aged seventeen years) for six years.-Essex County Court Files, Volume 47, leaf 37.

Joseph Abbott of Marblehead, mariner, died before Feb. 7, 1791, when widow Elizabeth Abbot of Marblehead was appointed administratrix of his estate.Probate records.

Isaac Allen, born at Manchester, Mass., Feb. 6, 1758; died there Sept. 26, 1841. He applied for a pension Aug. 14, 1832, when he was seventy-four years of age, residing at Manchester, and his pension. was allowed for seventeen months' actual service as a private in the Massachusetts troops, Revolutionary war, and eight

months' actual service as a seaman on the transport schooner “ Endeavor," Revolutionary war. While in the Massachusetts troops he served a part of the time under Capt. Moses Hart and Col. Sargent.

This information was obtained from the

pension office at Washington.

-Lora A. Underhill, Boston.

*Colonel Samuel Johnson, born in North Andover, 1713; married Elizabeth Gage of Bradford; was commissioned colonel of the 4th Regiment, Essex county militia, Feb. 14, 1776; in command of expedition against Mt. Independence and Ticonderoga, September, 1777, and in the action on Bemis Heights, Oct. 7th, 1777; present at Burgoyne's surrender; and representative to general court, 1777, 1778, and 1780. His eldest son, Capt. Samuel Johnson, and four other sons were also in service in the Revolution.

MARGARET.

She was a woman of a steady mind,

Tender and deep in her excess of love;

Not speaking much-pleased rather with the joy
Of her own thoughts. By some especial care
Her temper had been framed, as if to make
A being who, by adding love to fear,
Might live on earth a life of happiness.

Her wedded partner lacked not on his side
The humble worth that satisfied her heart-
Frugal, affectionate, sober, and withal
Keenly industrious. She with pride would tell
That he was often seated at his loom
In summer, ere the mower was abroad
Among the dewy grass-in early spring,
Ere the last star had vanished. They who passed
At evening, from behind the garden fence
Might hear his busy spade, which he would ply
After his daily work, until the light

Had failed, and every leaf and flower were lost
In the dark hedges. So their days were spent
In peace and comfort; and a pretty boy
Was their best hope, next to the God in heaven.
Wm. Wordsworth.

ACRES GENEALOGY. The name of Acres is also spelled Acars, Ackers, Ackres and Akers.

HENRY ACRES', the ancestor of the family in New England, was born about 1652. He lived in Newbury, Mass., where he married Hannah, daughter of Thomas Silver of Newbury, March 13, 1674. He died in 1705; and his wife in 1706.

Children, born in Newbury:2-1. CATHARINE, b. March 17, 1675; m. Ephraim Huit of Bridgewater in 1698. 3-11. JOHN, b. Oct. 2, 1678; d. young. 4-III. MARY?, b. Oct. 8, 1680. 5-IV. BENJAMIN3. See below (5). 6-v.

SAMUEL, m. Tabitha Kenne (pub. in Newbury Jan. 21, 1715-6). 7-VI. JOHN, b. Jan. 20, 1693-4. See below (7). 8-VII. MOSES2, lived first in Newbury, and removed to Exeter, N. H., before 1721, where he was then living. He was a cordwainer by trade.

5

May 25, 1840, aged eighty-seven. Children, born in Beverly: Nathaniel, born March 17, 1782; died Oct. 12, 1840; Ruth, born June 8, 1790.-Beverly town records.