Person:John Smith (939)

The information below was obtianed from The Bailey Family website at http://nybirds.net/jsbailey/d184.htm#P6026.

John Smith of Prudence Island (died 1677). Now this is our man. While the other John Smiths were establishing the new colony and dividing up recently acquired lands, our John Smith and wife Margaret were facing charges of obstruction of justice, perjury and uttering words of reproach against Benedict Arnold.

John Smith emigrated from England sometime before 1664 and first settled on Conanicut Island, now the Town of Jamestown, which is directly across the West Passage from where his sons would build their plantations and operate Smith’s Ferry.

When William Coddington, John Clarke and the other Portsmouth and Newport founders purchased Aquidneck Island from Canonicus and Miantonomi in 1637, the Narragansett sachems also granted them rights to “the marsh or grasse” on Conanicut and several other islands in the Narragansett Bay. After several years, they looked to create a more permanent and profitable settlement on the island. So, Coddington and Benedict Arnold organized a group of 100 investors to purchase the island from sachem Cashasaquont in 1656. Coddington was one of the founders of Portsmouth, and leader in the new settlement at Newport. Arnold, who was married Stukely Westcott’s daughter Demaris, was the first Colonial Governor of Rhode Island, and was a very successful investor in plantation land all over the colony.

Conanicut Island was surveyed by Joshua Fisher in 1657, and a town plan divided the 6,000-acre island as follows:

4,800 acres were allocated to the proprietors according to their investment, with Arnold getting the largest share (1,144 acres including Beaver Tail and Beaver Head). 260 acres were designated for a town plat with one-acre house lots. 20 acres were set aside for an artillery ground, a place of burial, and a prison house. A 4-rod-wide road was drawn across the island. When the town plat failed to materialize, one quarter of the proposed village land was also acquired by Arnold. Thou Shall Not Disparage the Governor

John Smith is not listed among the 100 Jamestown investors, nor was he accepted as a Freeman until the 1670s, so he must have been a tenant of one of the large owners such as Arnold, Coddington, William Brenton or Richard Smith. What places him on the island at this time is an indictment read at the October 14, 1662, session of the Rhode Island Court of Trials in Warwick.

There being a bill presented by the atorny genneraIl aganst John Smith living at Cononicott for specking words of reproch aganst Mr Binidick Arnold presedent which words did absolutly tend to his disparedgment in the Excicution of his office the sayd Smith being bound to this Court and being Called Confeseth himselfe guilty and Referes himselfe to the beench.

It must be quickly noted that there were many of these cases of the good Governor being disparaged, with defendants paying fines of £5 to £10 if they fessed up and asked the court for mercy, which John did. The windup to John’s sentence gives some additional details of the crime, which seems to have involved the arrest of the wife of fellow islander William Ayers. She had apparently escaped from prison, and John got in the way of her recapture:

Whereas John Smyth Inhabiting within this Collony Dwilling at presant upon Quononicott Iland being bound to this Court and heare Indicted by the Atorny gennerall for useing words of reproch aganst the presedent Mr. Benedict Arnold in the Excicution of his office: and the Bill of Indictment found by the Grand Jury: the Sayd John Smyth being Called to answer to the Charge: Confeseth himselfe Guilty of the Sayd Charge and Sayth hee hath malisiously Rashly and without grownds Reproched the presedent in saying that hee gave out warrant to aprehend the wife of william Ayres who was sent after from Quoneticott for breacking prison: and that having given out his warrant Did send private notice to the Sayd Smiths howse that the woman might be Convayed away soe to Escape the sayd warrant: as also in useing many other speeches of Contempt touching the presedent and government in A Reprochful maner and the Sayd John Smith Doth Submitt himself to the Court desiering ther favour: not to Inflict upon him the Extremity of Rigour for his Sayd offense.

From the court records, it is unclear whether John was thwarting her arrest or that he had falsely accused Arnold of protecting the fugitive, but for this direct or indirect obstruction of justice, John received the equivalent of a suspended sentence (the Rhode Island Court of Trials was apparently a little easier on offenders than those in neighboring colonies, “Reforming of such as are in Legall sort Reformable”):

Whereupon the Court Respectinge the peace and safty of the Kings Subiects : and In order therto the honour of the government Excercised under his maiestye in this Collony and not the Destroying but the Reforming of such as are in Legall sort Reformable doe therfore bind the Sayd John Smith unto his good behavour untill the next gennerall Court of trialls in a bond twentye pound and In Case hee accordingly behave himselfe peacably and submisively to his maiestyes Subiects : and government in this Collony and alsoe provided,the Sayd John Smith doe sett up with his one hand A Coppie of this his acknowlidgment written and fasten it upon the post of the Doore at the Entrance of the prison porch at nuport at the Command and In the presance of the generall Sargant and whome he Shall apoynt to see it Done: and upon the performance of the whole Ingagement his bonds to be voyd : otherwise to stand in full force and vertue.

No sooner had the court finished with John Smith, then it took up the case of wife Margaret, who apparently was involved in the original incident. But because she had a knack for missing court appearances, Margaret was not as quickly rehabilitated as John, and she was tagged with a perjury rap that would be with her for another three decades.

Whereas Margrett the wife of John Smyth of Quononicott is bound to apeare at this Court and hath petitioned the Court for weightty Resones declared therin to Excuse her not apearing now, but to acquit her or to order her to apeare at next gennerall Court & : the Court doe declare that John Smith aforesayd doe Ingage to the Court in A bond of twentye pound for his wife her appearance at the Sayd Court accordingly which Court is alsoe in his maiesties name to be holden at providence the Second Tueday in march next: that Shee then and there answer to what She hath bene Engageed to Concerning her And later in the session, this indictment was read:

A bill of Indictment presented (by Mr. John Sanford gennerall Atorny) aganst margrett Smith the wife of John Smith of Quononnycott for being A pariured parson which Misbehavour of heares is Contrary to the honor of his maiestyes Crowne and Dignyty.

When the court met at Portsmouth the following October, Margaret was again a no-show (“she was gone to boston before the mandamus came to her howse”), but she finally faced the music at the session held in Newport on March 8, 1663/64: Margeratt smith being Indicted for periury and being Called before the Court and her Indictmen[t] Read before her and she being asked what shee sayd to the bill whether guilt ye or not guilty to which Question her answer is guilty and Desier favor of the Court The sentance of the Court is that John Smith for his wives offence shall pay a fine of five pound to the publick Tresury within Three months time for which sum the sayd John Smith hath and doth Ingage in open Court) and shee to Remayne in an Incapasety to give Testimony in any Case untill shee be sett at liberty by the gennerall asembly

On May 5, 1664, Margaret petitioned the Colonial Assembly to show her mercy and lift the penalty, which they did. However, it was not until June 12, 1678, that the Assembly overturned the lower court finding. Margaret probably made the appearance this time because John was facing charges from the other major landlord on Conanicut:

An action of Trespas upon the Case Entereed by Mr William Coddington of nuport against John Smith of Cononicott Damedge Thirtye pouns Starling The Juryes verdict We find for the playntiffe five pound Damedge and Cost of Court. Perhaps it was time for the Smiths to move on, maybe a nice secluded island somewhere.

The Island of Refuge: John next shows up on Prudence Island, a colonial pig farm and political refuge situated at the top of Narragansett Bay between Warwick Neck and Portsmouth. The Narragansetts called the island Chibacuwese, and they saw it as a good place to install a European with trading connections. Here on the third largest island in the bay, they could provide the trader with a good port, keep a watchful eye on him and protect him from other tribes. They first offered the island to John Oldham, an offer Oldham should have taken. Several months later, on the way back from an expedition to the Connecticut River, Oldham landed on Block Island where he was murdered, allegedly by Pequot warriors. The incident touched off the Pequot War.

In August 1673, John Smith, William Allen and John Snook were witnesses to a deed by John Paine conveying the two farms to trustees for his children. The southern boundary of the property was marked by the fence between John Smith’s farm and William Allen’s.

At the October 10, 1673, Portsmouth Town Council Meeting “John Smith and John Snooke are propounded to be admitted ffreemen.” Assuming that one had to be own real estate to be a freeman, it seems likely that Smith and Snooke purchased their farms from the Paine trustees.

Other residents of Prudence at this time included James Sweet, whose cousins, Phillis and Mary Gereardy, would marry two of John’s sons, and who would team up with one of the boys to buy land in Warwick (see “Ancient Mary and Her Two Husbands” on page 20).

John died on the island in 1677, but Margaret fought on. On October 24, 1677, as executrix of John’s will, she won a suit against the estate of John Paine:

Upon an action of Debt com[m]enced by Margrirt Smith, Widow and Executrix to the deceased John Smith of Prudance Island, plantiff against the Estate of the deceased Mr John Paine of said Prudance Defendant. A Nihill dicett in open Court. The Jurrys Verdict. Wee finde for the plantiff debt and damage twenry five pound in mony, and thirry seven pounds tenn shillings cuntry pay and cost of Court. Judgment Granted by the Court. Execution given forth.