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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 move

ment.

Our troops were immediately put under arms and the lines manned. At this juncture Generals Lincoln and Arnold rode with great speed towards the enemy's lines.

"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

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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-I. CATHARINE, b. March 17, 1675; m. Ephraim Huit of Bridgewater in 1698. 3-II. JOHN, b. Oct. 2, 1678; d. young. 4-III. MARY2, b. Oct. 8, 1680. 5-IV. BENJAMIN2. 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.

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Nathaniel Abbott married Mary, daughter of Manassah Trask, and widow of Sol

BENJAMIN ACRES lived in Newbury. omon Cole, Oct. 17, 1780. She died He married Mary

Children, born in Newbury:

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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.

WILL OF THOMAS PAYNE. The will of Thomas Payne of Salem, dated 10: 2 mo.: 1638, was proved in the Salem quarterly court- -5 mo: 1644. The following copy is taken from the original instrument on file in the office of the clerk of courts at Salem, book I, leaf 23. Touching the outward eftate & goods of this life god hath ben pleafed to lend me, I Thomas Payne doe in this my last will & teftam thus bequeath them as followeth: ffirft unto my wife, I give my house I now live in, gardens & houcefitting with my two acre lotte with the pfitts accrewing therefrom during her life; commending unto my Son Thomas the care of his mother, & the diligent improvem1 of the fayd ground, to his mothers ufe; during her life, in confideration whereof, he to have his dwelling with his mother, &|| the||forth pte of the pfitts of the lott, & the third pte of the pfitts of the garden fo improued by him during the fayd terme of time. It, I give unto my wife the bedftead Beding & there appurtenances as they now ftand in the hall. Item I bequeath my pte of the Ship Mary-Anne of Salem, to be fold, & my debts to be payd, And the refidue of the monies with the reft of my goods to be devided as followeth. Item I giue Thomas my Son my Loomes & Slaies with there appurtenances concerning his trade of a weaver. Item I give the f Thomas one Coffer wch was his grandfathers. Item I give unto my three Sons my ten Acre lott & my one Acre of meddow to be equally fhared amongst them. Item concerning the refidue of the monies arifing from my pte in the Shipp, & the reft of my goods I bequeath them to be valued reasonably, & equaley devided to my wife & my Children, my wife to haue the choife of the firft pte excepted: & my Children to share in the rest as their ptes fall. pvided alwaies & referved out of the fayd goods one fetherbed lying on the trundle bed with coverlett & blankett, one bolfter & pillow, wch I give & bequeath unto mary my daughter Item I giue my houfe wherein

my

my wife should live, with the goods remaining of hers, to be fold after her deceafe, & the monies to be equally divided amongst children. It my mill left in the hands of Henery Blomfeild my kinsman, I bequeath to be fold, & the monies thereof returned into my executo's hand, & so to be equally divided to my wife & children. Item I Constitute & appoynt Thomas my Son executor. to this my will & m2. John fiske of Salem Suprevifor, in witnes wherof I have heereunto fett my hand & feale the 10th of this p'fent 24 month in the yeere 1638.

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The parents were undoubtedly DeaDavid Merrill and his wife Eleanor, who are buried near.

The word "Daee," in the inscription of Rev. Elisha Odlin, on the same page, should be "Space." The footstone reads: "The Revd. Mr. Elisha Odlin. Gift to the memory of the Deceased."

In the fifth inscription on page 121 the word Moses should read Jose.

The fourth line of the last inscription on page 122 should read, "Dec. June 22 1760."

The age, in the last inscription on page 123, probably should be "59th" year. Other inscriptions here are as follows:

:

Heir Lies y bodies of Henery And Philip Quimby Died March y 15 1735-6 H. Agd 5 yo & 3 M P. 9 M.

Wentterup Satarley died

June ye 1 1736 & in the first Year of his age

Lydia Straw Died June y 25 1736 & in The 10 YE of hur age

A footstone marked "Daniel Straw" stands near.

In memory of
Mr John Blasdell
son of Mr Stephen &
Mrs Sarah Blasdell
Died Jan. 23rd 1784

In ye 26 year of her age
Come mortal man and cast an
eye Come read thy doom
Prepare to die

In memory of Stephen Blasdell son of Mr Stephen and Mrs Sarah Blasdell Died Sept 22 1780 in Ye 19th year of his age Depart my friends Dry up your tears I must lie here

Till Christ appears.

In memory of Mrs Miriam Blasdell wife of

Mr. Oliver Blasdel died Oct. y 5 1774 Aged 36 years.

In memory of

Mr Anna Bartlet wife of Mr John Bartlet who died May 9 1778

In the 30th year of her age

For most people these rough stones have little of interest. They may pause in momentary curiosity as they pass by and vainly attempt to decipher a mosscovered legend here and there. But to those who have eyes to see, and can "read between the lines," these old fields are fine indeed to roam in fancy-free.

-John Howard Harvey, Amesbury.

OLD NORFOLK COUNTY RECORDS. Continued from Volume I, page 181. Joseph Merry (his I mark) of Hampton, carpenter, for staves, etc., to be paid to Thomas Macy at Exeter, conveys to Jno. Robison his dwelling house and 25 acres of land near the falls river, bounded by Mr. Stanian and Robert Tuck, 4:3 mo: 1655. Wit: Christopher Hussie and Willi Swain, his W mark. Ack. before Christopher Hussie and Anthony Stanian, commissioners of Hampton, 4: 3 mo: 1655.

Mr. Samuell Dudley and Lt. Robert Pike, being chosen by Jn°. Severans and william ffuller to arbitrate between them about a meadow, make an award 5: 8 mo: 1655. Jno. Severans is to procure a bill of sale of the meadow from Henry Ambross.

A deed same as the second above. John Robison is the grantee and Christopher Hussie's name is spelled Hussey.

Anthony Tayler took the oath of fidelity before Mr. Wiggins 16: 2: 1655.

Henry Mondey gave a deed of gift of his house, land, etc., Aug. 3, 1655, in which he omitted to add his right of commonage in Salisbury, which he now adds, to his nephew Phillip Wollidg, Aug. 27, 1655. Wit: Daniell Peirce and Robert Pike. Execution proved by oath of the witnesses before Tho: Bradbury and Richard Wells, commissioners of Salisbury, 17: 11 mo: 1655.

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