Person:John Kelly (62)

In 1676, he witnessed a bond, signing his name John Kally. He was on the grand jury at Ipswich in 1676.

From Giles M. Kelly's book:

In the "tax list" of the town of Newbury made in the year 1688, the "valuation" of John Kelly is as follows: "Heads 3, Houses 2, Plowlands 14, Meadow 20, Pasture 7, Horses 4, Oxen 3, Cows 5, Three years old 3, one year old 3, Sheep 12, Hogs 4."

John Kelly removed with all his children, except his firstborn son, from his home at Oldtown to the "Upper Woods" in Newbury, now West Newbury, as early as the year 1694. The place on which he located is on Worth's Lane not far from its termination at the river. He was very early authorized to keep a ferry at Holt's Rocks.

On 26 Mar 1694, the town granted permission to John Kelly, Senior, to keep a ferry over the Merrimac, at Holt's rocks, 'in the place where he now dwells.' Ferriage, 'sixpence for horse and man, and twopence for a single man.'

He and his family evidently were close to a young man, John Whittier, who died at sea, unmarried, 20 Feb 1678/9. Administration on the estate was granted to John Kelly, as he and his family were the principal heirs. Testimony was given by two of the other sailors that were on the ship:

The testimony of Patrick Ewing aged about 30 years that "John Whitear about 5 or 6 houres before his death finding himselfe very ill, The Master of the Shipp, Benj. Dole & my selfe being there, (being as farre as we discerned of good understanding) did utter himselfe before us, that we might take notice of it, & spake to this purpose. I haue a young horse at Plumm Iland, that I giue to you speaking to Benj. Dole; & haue a Pyeballd mare, wch I giue to Abiel Kelly, for I had her of the old folkes, And all the rest of my goods, I give to the people of the house, (wch I did suppose he meant of John Kellyes house having mencioned his sonne just before) for I haue allwayes found them kind to me: & about 5 or 6 houres after he dyed." Sworn May 16, 1679 before Jo. Woodbridge, Commis.

The testimony of Sam Lowle aged about 33 years that "I belong to the same vessell wherein John Whitear dyed whereof Benj. Dole was master. I heard the sayd Benj. Dole (who afterwards dyed in the same Shipp) severall times speake the substance of what is aboue written & testifyed by Patrick Ewing: & that John Kelly was to haue his estate as is aboue expressed, & I watched with him when he dyed, & that he spak wel & sensibly & was of good understanding about halfe an houre before he dyed as farre as I apprehended." Sworn May 16, 1679 before Jo. Woodbridge, Commis.

Essex County Probate Files, Docket 29,713.

Note that Abiel was only 6 years old when John Whittier left him the mare -- he may have been a favorite of his from among the Kelly children.

Part of the settlement of the estate was an enumeration of his debts. Those to John Kelly himself tell something of how a man operating a boat from the mainland to Plum Island could earn money:

du to John Keley which he payd to severall men whil he was in the warrs for winter meat for his Cattell, 1li. lent him a horse to Boston two Jorneys, 10s. Lent him a horse to Haverill two times, 4s. For somering a Calfe and wintering of him, 6s. feching of his mad bull Calfe from Plom Iland promised me, 5s. feching of his Cattell from Plom Iland in January, 5s. feching whom a horse he bought of Toppan, 2 days, 7s. wintring of a horse 2 months and a load of wood of ours Carid to John Glover, 6s. 6d. 4 yards of Cloth for a koat both spining, weaving and milling cost, 5s. 3d. stoking of 2 pr. of stockings, 2s. care of his horse and bulls, 4s. wintering of a Colt, 5s. wintering 3 sheep, 10s. feching of his Cattell and horses from Plom Iland in May 2 days, 5s. I went with him to Plom Iland to fech a hors for him & with him 2 horses of ours, 5s. lent him a horse to Havrill again, 2s. driving of his Cattell to Plom Iland I and my 2 bois, 3s. for a 3 yere old wether sheep, 12s.

(Note: Money is expressed in English terms. The abbreviations are as follows: "l" or "li" is pounds; "s" is shillings; "d" is pence. There are 12 pence in a shilling; 20 shillings in a pound.)

In a case of burglary which occurred in the Ipswich Quarterly Court in 1677, Sarah, wife of John Kelly, played a small part. I quote the case and depositions in their entirety to give a flavor of the language and times. Note: John Knight senior, from whom the meat was stolen, was Sarah (Knight) Kelly's cousin. Joseph, Mary, and Sarah Knight who deposed in the case, were children of John Knight senior. Joseph Downer, the butcher who testified, was married to John Knight's sister Mary. Such cases often show up strong lines of relationship and friendship (note that John Whittier -- probably the same one mentioned above -- testified). Note the wide variety of spellings that occur for the name Major.

George Major, for burglary and stealing pork and beef from John Knight, was fined and ordered to be branded on the forehead with the letter B and bound to good behavior. Court held at Ipswich, Mar. 27, 1677.

Summons, dated Mar. 19, 1676-7, for the appearance of George Major, also to witnesses, John Badger, Joseph Knight, Hugh Pike, Joseph Downer, Mary and Sarah Knight, James Black, Jon. Mechill, and Ja. Mirik, and to John Tappin, John Coffin, and Robin, Hugh Marster's man, as witnesses in another case concerning the Richardsons, and William Saiier, jr., Edward Ardway, ___ Seers and Tersa Tidcom, signed by Daniel Denison, and returned by Joseph Pike, constable, who reported that Major's wife could not leave her sick child without danger.

John Badger and Joseph Knight deposed that they went to Georg Mogior's house to look after some meat that was stolen or lost out of the house of John Knight, sr.; they found a piece which Knight said was his but Goodwife Magior said she had it of Goodwife Kely. The latter denied it and Knight sought to prove that it showed in his barrel of pork where this piece had been taken out, etc. Sworn in court.

Mary and Sara Knight deposed that they asked Mogier's girl where her mother had put the meat and the bag and she went to speak to her mother about it. Her mother struck her in the mouth and said "Husy, you shall not tell, thay shall never know whear it is and I will make it my bisnes night and day to cep her in." Later a dog was seen eating a leg of good fresh pork a little below Major's house. Sworn in court.

Joseph Knight testified that Major's wife said she had the pork of Sara Kelly, etc. Sworn in court.

Hiugh Pick testified that Major's wife told his master Knight that some of the Knight children must have brought the meat to her house and put it in her barrel or in at the window. Knight replied that would not be rational, etc. John Knight, sr., testified to the same. Sworn in court.

John Michell, aged about twenty-six years, deposed that the year before last when he lived with Mr. Richard Kent, Georg Mogiar tried to persuade him to steal from his master a cheese now and then, saying that it would never be missed, but deponent told him he would never be a thief. Sworn in court.

Joseph Dounar, butcher, aged about thirty-six years, deposed that he killed and cut up John Knight's swine, etc. Sworn in court.

Joseph Knight, aged about twenty-five years, deposed that he went to Georg Mogier's house and asked where his meat was that was brought to his house at break of day. She turned pale and then blushed as red as a red cloth. He asked what meat she had in the house, and she replied that maybe she had forty pieces of pork and four or five pieces of beef. He asked what they had lived on all winter if she had so much left now. Also that the houses of deponent and the Major's were near together, etc. Sworn in court.

John (his mark) Whichar, aged thirty years, and Hanah (her mark) Spoford, aged twenty-one years, deposed that Georg Mogior came into their house and speaking of John Knight's pork, said "If I haue his pork I wish the devill might teare mee in pecces body and soalle as small as my tobacco pipe and I wish the devill would fech away John Knight boody and soalle and all that dou belong to him . . . . Sara Keally saide how dow you dare to wish such wishes dounot you knowe that god hears you: yeas said hee: but I must wish such wishes and will wish soch wishes: saide John Whichar get the out of dores for if thou dust follow this coarse thou wilt Com to the gallos: saide Mogior I care not If I dow I wish I wear out of the world."

Jams Black testified that about half an hour before day when his master had gone to Boston, hearing some noise in the house, arose, took his breeches and shoes in his hand, went down stairs and saw Georg Magior carry away a sack of meat. His master kept the beef in the parlor and the pork in the kitchen. Major told him if he would say nothing about it he would give him something he liked. Deponent went to Major's house later and saw the meat on the floor and Goodwife Mogior said "thee art a good boy Jams; said I why: I good boay. my husband tell thee anon: when he Com hom." Major said "good Jams Cepe Counsel and when thy mastar coms home hell mis his meat and Charg thee for stelling it but tell him thee dide never giue any body on bit and thee speckist trou: then heell Com to mee and ask mee: why I did case his neggar to steall meat for him: and I will strongly afirm I had: nara bit of meat of thee," etc. Also Magior several times urged deponent to steal from his master powder and wool, and his wife asked him to take her little white bag to steal meal and sugar, etc.

Hugh Pick testified that Mogior asked him to steal powder, etc.

Anthony Mors, aged about forty-five years, deposed that some time last summer "Georg Mogior cam by my houss and Ran after my boye with his gun presente at the child and hee being afraid Ran into a hogsty from him I Coming to see the matr asked him whiy he Ran aftr my bwoy: he the said Mogior gaue mee vary bad languidg and saied Ill shute the doune presently: & presente his gun at me Redy Kokd and chargd and I did loock emediatly to bee ciled: but thoro gods prouedenc wee got away his gun and then he drad his sord and swagared with it till wee got that away also."

This last evidence appears to be establishing George Major's bad character -- it has nothing otherwise to do with the case. It is interesting that James Black, evidently a Negro slave of John Knight's, gave testimony -- he was, in fact, a witness to the crime itself. The attempted plot that Major tried to involve him in has the sound of a Dickens story.

Sarah Kelly comes off sounding quite a decent woman. Sarah's presence when George Major came to the house that was spoken of by John Whittier and Hannah Spofford as "their house" implies that it might have been the house of John Kelly -- the deponents were perhaps boarders or servants at the time.