PollyBlog: 2016

19 July 2016

Justice of the Peace Records and Silvanus "Who's Your Daddy" Savage, Part 3

Continued from previous two posts... This is Part Three of a Three-Part Post.

...in which we've seen the originals and transcriptions of two separate complaints of paternity sworn against one man, Silvanus Savage. The two complaints were sworn on the same day, 27 May 1802, in Princeton, Worcester County, Massachusetts, to a Justice of the Peace name Michael Gill. First, Debby Smith fesses up on the same day she delivers a baby girl. She was very likely interrogated during her labor. Next thing you know, Polly Clark chimes in, accusing Silvanus of fathering a son she had borne on the 22 February previous. Both women give the date of conception: Polly was first, on 20 June 1801, and Debby on 9 October 1801, both in Princeton.

So, Silvanus and Polly conceived a boy on 20 June 1801 who was born 22 February 1802 (about 9 months gestation). Silvanus and Debby conceived a girl on 9 October 1801 who was born 27 May 1802 (only 7.5 months gestation). Polly did not mention Silvanus' name during her labor and waited until the day Debby gave birth to make her complaint.

RESEARCH FOCUS

What was the impact of these two births upon Silvanus Savage and his descendants? What constraints did the law place upon Silvanus? Was he whipped, fined, imprisoned? How old were the women at the time, were they under age? Contemporaneous sources should be consulted to ascertain whether the births were correctly registered, and whether any of these four people (Debby Smith and her daughter, and Polly Clark and her son) reappeared in Silvanus Savage’s life at any later time.

ANALYSIS

Princeton’s Boundaries and Jurisdiction

1759, set off from Rutland

1771 Incorporated as a town

1810 Part of Hubbardston annexed

1838 Part of unincorporated lands known as “No Town” annexed

1870 Part of Westminster annexed

Justices of the Peace

In Massachusetts the Justice of the Peace was the official to whom minor complaints were made. He was entitled to take depositions, impose fines, order property seizures, perform marriages, and try small cases (no jury). Since this lowest court was usually held in the justice’s home, the resultant records are scattered about in repositories and private collections, and are extremely difficult to locate. These complaints would initiate a subsequent court case, so a search in the Worcester County Courthouse may prove fruitful.

Excellent Resource

An excellent resource to consult on illegitimacy and fornication cases in early Massachusetts is: Melinde Lutz Sanborn, Lost Babes: Fornication Abstracts from Court Records, Essex County, Massachusetts 1692 to 1745 (Derry, New Hampshire: Melinda Lutz Sanborn, 1992).

Sanborn’s book covers Essex Co. 1692-1744 and contains hundreds of unrecorded marriages. Though the county is different, and time period earlier, the law did not change substantially. She also has a useful discussion on Massachusetts law on illegitimate births in which she reveals, for example, that a disproportionate number of servants, African-Americans and Indians are represented in these types of cases. In addition, she states:

"In the case of an unmarried woman, the law required that she state when, where, and with whom she conceived the child, and whether she had any other partners. The midwife and another witness were to repeatedly question the mother during her labor, asking her to name the father. It was believed that while facing death in labor, the mother would not lie. Even if the accused father denied he was such, he would be convicted..."

"People found guilty of fornication could be fined, or whipped, or both. The fines varied... but were generally higher if the unmarried man named was from some other jurisdiction, or if the woman refused to name her partner. The assumption in the latter case might be that her partner was married and she was protecting him from the much more serious charge of adultery. Repeat offenders were sometimes not given the option of a fine, but simply whipped."

"Unmarried fathers were ordered to pay maintenance charges on a child through its sixth birthday. At that time, the child was eligible to be put out into service and would no longer be a charge on the town if the mother could not support it."

Legal Considerations

According to Blackstone, a "bastard" in the legal sense of the word is a person not only begotten, but born out of lawful matrimony. Had Sylvanus married either of these women, her child would have been born legitimate. Bastard children are entitled to maintenance from their parents. To protect the public from their support, the law compels the putative father to maintain his children. We would want to search for some evidence of both Silvanus’ payments to his children and whether or not he was sentenced.

Considered as nullius filius, a "bastard" has no inheritable blood in him, and therefore no estate can descend to him; but he may take by testment, if properly described, after he has obtained a name by reputation. But this hard rule has been somewhat mitigated in some of the states where, by statute, various inheritable qualities have been conferred upon bastards.

"Bastards" can acquire the rights of legitimate children only by an act of the legislature, therefore legislative records should be consulted, perhaps twenty or so years after the births until approximate period of parents’ deaths.

Children born out of marriage may be legitimated by the subsequent marriage of their father and mother. Legitimation may even be extended to deceased children who have left issue, and in that ease, it enures to the benefit of that issue. Children legitimated by a subsequent marriage, have the same rights as if born during the marriage.

The illegitimacy of these children makes genealogical research more complicated and it would be essential to check the court records for further proceedings against Silvanus and/or the mothers. Did either of these children ever try to establish heritable rights with either parent? A search of probate and guardianship records could indicate the succession of any land Silvanus might have possessed. Did he ever marry? Was his will contested by either of these children?

03 May 2016

Elsie's Receipt Book--The Heart of the Home

Good cooks have always collected recipes, or receipts as they were sometimes called. My mother-in-law's mother, Elizabeth Mary Stephens (Drapes) Churton, aka Elsie, was no exception. We recently uncovered a little journal, begun on 16 June 1918, eight months after she married, and about the time her husband was to return home from World War I, minus an arm and in need of much nurturing.

Elsie was born 12 July 1885 in Enniscorthy, Co. Wexford, Ireland. She met her future husband Harry Leslie Churton when he was working at the Asylum there as an electrician.

Cooking being at the heart of what we consider home and family life, this little book gives us insight into Elsie's world. Maybe because Elsie was born and raised in Ireland she didn't know some of the recipes that the English ladies already had ingrained in them, but for whatever reason we find some classic English foods, along with little hints. The page below has a very simple recipe for that most cherished dish, Yorkshire Pudding.

Beneath that is a key to which sauces must be served with which meats. Critical that the sauce changes depending on cooking method, so a roast chicken demands bread sauce, while boiled chicken wants a parsley or egg sauce. I remember my mother-in-law still holding to these hard and fast rules and wish I had known at the time that she had it all written down! Entertaining the in-laws might have been a little less stressful had I been able to anticipate the proper sauces!

Initially I thought it would be fun to work through each recipe in order, as an homage to ancestors, cooking and love, but mayonnaise sauce and many of the other treats don't really fit into our current dietary regime. What else, what else might Elsie have a receipe for?

We learn that Elsie was an orderly sort, for she created an index at the back of her little book. Oh, I like this lady!

Now this would all be quite wondrous enough, but upon further examination I found that Elsie and I have a few other things in common. First, she was a singer! While techniques may have changed a bit, I love that she recorded these warm-up exercises.

As if that weren't enough to put me into a swoon, I then discovered we have a pastime in common--knitting! Here are directions for making socks for her new husband. Now there's something I could try. You can see that she has squeezed in a receipt at the bottom, sideways, just as my mother-in-law Rosemary used to do on aerogrammes when she wrote to us and had one last message!

Finally, in anticipation of having children, Elsie also had some instructions for knitting baby garments.

Did mother-in-law Rosemary and Auntie Tealy (Sheelagh) end up wearing these woolly pants? Probably!

If we are lucky our genealogical research turns up documents, and many of those are dry--full of facts, and lacking in warmth, but helping us link together the generations with proof. Most are transactions between men concerning war, purchases, migration, and death and probate, in sum, the harsher side of life. This pleasing little journal, on the other hand, gives us a peek into the softer side of our family history and we will cherish it always.

05 April 2016

Brian Robert Rowland Kimmitt, RIP Dear Father-in-Law

I am completely saddened to say that my much loved father-in-law, Brian, passed away four days ago. Being a genealogist, one of my first concerns was to pull together his death notice and obituary.

People often use the term obituary to refer to a death notice. They are not the same thing. The death notice is much shorter and serves just to give the critical information that someone has died, and to relay information about the funeral and burial. An obituary is longer, describes the person's life, family and loved ones, in as much detail as can be arranged, depending on cost or time. In modern times those are both paid notices. There are also cases in which a newspaper will decide to do an article on someone who has recently passed away at no cost to the grieving family. Some newspapers also call this an obituary, some do not, so it can get confusing.

Brian lived in England and procedures and wording are a bit different than in the States, but it is essentially the same. Here is the death notice the funeral home sent to local and national papers:

KIMMITT--Brian Robert Rowland. On 1st April, at the Countess, Chester. Brian, aged 85 years of Malpas, loving father to Myles and daughter-in-law, Polly, much loved Grandfather to Ryan, Nathan and Daniel, and great friend to Anne.

Funeral Service at St. Oswald’s, Malpas on Monday April 11th at 11am, followed by interment at Shocklach Church. Family flowers only please. Donations if desired to St. Oswald’s Church or Rotary Club of Whitchurch. Enquires to Rolfe’s, the Family Funeral Service, Whitchurch. Telephone (01948) 662209.

Rather stark, isn't it? Now below is the obituary I wrote for him. I kept to the facts and did not delve into his wit, humor or kindness because it was intended for a British (more conventional?) audience. But I feel it didn't really paint a proper picture of him. Perhaps the description of his personality has no place in an obituary. I don't know. When you're in the middle of grieving and arranging travel and funeral plans it's hard to get a sense of it all. But he sure led an interesting life.

KIMMITT

Brian Robert Rowland Kimmitt of Malpas, 85, died April 1st at the Countess of Chester Hospital. The son of Lt. Col. Gordon Robertson Kimmitt and Anne Hill (Meredith) Kimmitt, Brian was born 28 January 1931 at the Woolwich Army Barracks in the East End of London.

He attended Lancing College, Sussex, and received a BA and an MA from Trinity College, Dublin University. As a young man he worked in various schools in Dublin, Birmingham and finally in Berkshire where he met and married Rosemary Churton on April 4th, 1957.

He joined the Colonial Office in 1959, then took his young wife off to teach school in Kenya. Son Myles was born there shortly afterward. His 21-year career in East and West Africa culminated in his appointment as Chief Education Officer to the Federal Government in the East of Nigeria where he founded a 1,000-pupil college and acted as Educational Advisor to the Federal Military Governor. After their return to England in 1980 Brian ran a small engineering firm in Shrewsbury, and retired in 1988.

A 50-year member of The Rotary Club (inducted in Tanga), he belonged to The Rotary Club of Shrewsbury then Whitchurch, where he served as president in 1994-95. There he chaired the International Committee for several years, instigating matching grants in Ethiopia and Tanzania with Water Aid.

Always keen on the outdoor life, he climbed Kilimanjaro four times, and walked to the peaks of Mt. Kenya three times. He played most sports, but particularly enjoyed tennis and sailing. He owned two Cessna airplanes and clocked up a thousand hours as a private pilot. He was a Lay Reader in the Church of England for many years.

A widower since 2001, Brian devoted his time to church activities along with his volunteer work with the Masons and the Rotary. He enjoyed socializing and traveling with his companion Anne Proudlove. Since 1990 he has spent two months a year with his son’s family in America and loved watching his grandsons grow up.

Loving father to Myles and daughter-in-law Polly, and grandfather to Ryan, Nathan, and Daniel. He leaves his brother Maurice FitzGerald Kimmitt and sisters-in-law Mhairi Kimmitt and Sheelagh Churton. He also leaves his very special friend, Anne Proudlove, who devoted herself to him, and cared for him in his waning years. He was predeceased by his wife, Ida Rosemary (Churton) Kimmitt and brothers Richard Desmond FitzGerald Kimmitt and Michael Richard Kimmitt.

Funeral services will be held April 11th at 11:00 am at St. Oswald’s church in Malpas. In lieu of flowers donations may be made to: The Rotary Club of Whitchurch (http://www.surftech.co.uk/rotary/Main/index.htm).

Okay, he did a lot of interesting things, but we still don't get a sense of him as a man. But I have a blog, and though my blogger expert friends would tell me this post is too long, well, it's my blog and I'll write what I want to! Brian lived a long full life and there's much to be said.

What I really wanted to talk about was how he welcomed me into the family so warmly. He was a charmer, and gracious, and was able to set anyone at ease (except, perhaps, naughty grandsons). Before Myles and I were married we visited his parents, and every morning Brian would bring me a cup of coffee in bed! I took this as an excellent predictor of boyfriend's future behavior. An equal and opposite action in the evenings was delivery of a perfectly crafted gin and tonic, with just enough bite in it to make the conversation flow. He would then regale me with stories of their time in Africa and the joy would radiate across his face.

Brian loved family, especially children. He doted on only son Myles and often said he regretted they were unable to have more children. He and Myles called each other Gully, a remnant from something in Myles' childhood. He taught Myles everything there is to know about mechanical bits, plumbing, car engines, world travel, home repair, and most of all, how to be a gentleman. He never spoke badly of anyone and never cursed. He was quietly religious and spent many years being a lay reader, often "taking the service" when the local vicar was off somewhere, and I can attest that his sermons were very well written and executed. He had a lovely singing voice and we even sang a few Hallelujah choruses together driving around in Massachusetts.

Brian and Rosemary came to stay with us for two months of every year until Rosemary's death in 2001. While I found it extremely challenging to have household guests for that length of time, it nevertheless gave us two additional guiding minds to help our boys grow into the fine fellows they are today. Granny and Granddad had strict standards of behavior (and not just for the kids!), and we encouraged them to make their opinions known to the boys. Once we had small children running around, the evening cocktail received a new nickname: "anti-buggering fluid," as in, "give her some anti-buggering fluid," which meant that Mom was wound up at the end of the day and needed calming. At that point, though, I had to keep my wits about me, however much I might have wanted to fade out a bit, and that put Brian's nose out of joint--that I wouldn't join him in a long slow cocktail at dusk. When you have three hungry boys clamoring for food and a dinner for four adults to put on you can't indulge!

Brian rejoiced in the accomplishments of his son and grandsons. When Rosemary died in 2001 Myles' office sent us a nice potted plant that flourished (we still have it!) and he never failed to remark on how highly Myles' boss must have thought of him to send such a potted plant. To him that plant represented compassion, reward, and admiration, even. As for the grandsons, he adored them beyond measure. Once they got big enough for him to get a good hold on, and that didn't take long, he never let go. He fed them their "bops", gave them baths, read stories, tucked them in, played Monopoly, watched baseball, cheering on the Boston Red Sox in their World Series win after an 86-year lag in 2004, and rejoicing as much as any local fan did. He attended their baseball games, graduations, their violin concerts, anything they had on when he was here. His big regret was not being able to make the trip last year to see Daniel graduate. Being an educator, he was thoroughly pleased with the fine education the fellows received at St. John's High School, and appreciated the input they had into turning them into fine young men.

He used to get his battle gear on when companies made mistakes or treated him badly. He was furious at American Airlines for canceling their direct Boston-Manchester flight and engaged in a protracted letter-writing campaign with them for years! He complained to the CEO. ticket agents, the air hostesses, the phone reservationists, anyone representing the company! Probably the baggage handlers, too. He once told me I didn't write enough angry letters!

After Rosemary passed away Brian was bereft. He moved to a smaller house in the sweet village of Malpas and took up a close friendship with Anne Proudlove. Anne provided much needed companionship and cheerful conversation and he brightened up and began to live his life as before. He adored her. He continued to come visit us, sometimes dragging Anne along, and even bought a condo so he could have his own "digs" nearby. He loved that place, and would wax on about how the wisdom of the realtor who found it for him, the fine view from his deck, the cherry trees, and how loud the fridge was.

I lost my father only two years after I met Brian but he happily stepped in as a substitute dad for me, and I loved him for that. I couldn't have asked for a better father-in-law. Rest in peace, Gully.

Happily, the local newspaper wishes to send a reporter out to talk to us to get a fuller picture of the man. Perhaps then we will get the right proportion of facts and emotional impact. When that is published I will post it here.

19 February 2016

I'll Warrant Not Much Has Changed

I sing in a chorus that rehearses in a church hall in Worcester, Mass. On my way into chorus rehearsal a few weeks ago I came across this notice on the door. I was struck by how little has changed since the earliest days in Central Massachusetts when it was required to post the warrant for the annual meeting on the front door of the church. We're still electing a moderator and other officers, still voting on new and old business. And still physically posting the notification on the door!

Warrant for Annual Meeting of 31 Jan 2016, 2nd Parish, Worcester,
posted on the door to the First Unitarian Church,
photographed by Polly Kimmitt, 26 Jan 2016.

What has changed is who qualifies as an eligible voter. Only Freemen could vote in early town and parish meetings. That meant males over 18 who owed no money, were not in servitude, were in good standing with the town and church, and had taken the Freeman's Oath. Once they were Freemen they were allowed to own property and vote: a far cry from who is allowed to vote today.

Here is a transcription of a warrant for neighboring Shrewsbury, Massachusetts from 1756.

Transcription

Left Sidebar: Notification for the first precinct In Shrewsbury, November the 1, 1756

Body: These are to Notifie and warn all free Holders and other Inhabitants

Living in the first precinct In Shrewsbury Qualified by Law to

vote In precinct affairs to meet at the Meetinghouse in sd precinct on monday

the first Day of November - Next at one of the Clock In the afternoon

then and there In the first place to Chuse a moderator 2. To bring in precinct

Depts and grant Money to pay the same 3 To see what the precinct will

give the Revd Mr Job Cushing for the present year to Make a sufficient

Sallary for his support 4 To Chuse a committee to Reckon with the

precinct Treasurer and to make Report at the Next Meeting \ \ \ \ \ \

5 To Chuse a committee to Reckon with the Revd Mr Job Cushing In

order to get a Discharge 6 To See if the precinct will grant money

to Repair the windows of the Meeting house 7 To See if the precinct will

Chuse a committee to [Shut up?] the [ally] in the meetinghouse through the

Body of Seats as hath been voted or to act -- anything there on as the precinct

shall think fitt 8 To See if the precinct will come into sum way to clear the

Burying place and to mend the fence or act anything thereon as the precinct

shall think fitt \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \

Shrewsbury first precinct Simon Maynard } precinct

Oct. the 11 1756 Ebenezer Keyes } Committee

Job Cushing Jr }

11 February 2016

"Colored Citizens of Worcester" Honor Roll, World War II

Worcester professor Thomas Doughton recently brought my attention to the fact that this "Colored Citizens" of Worcester [Massachusetts] Honor Roll from World War II is currently missing. It was installed outside the AME (African Methodist Episcopal) Zion Church at the corner of Clayton and Belmont Streets, but was removed during the construction of Route 290. I have asked for and received Prof. Doughton's permission to reproduce his photos of the memorial and pages from the dedication program. [1]

When the Worcester City Council met on 26 January 2016, the agenda included a request from William S. Coleman III to have the city administration support the efforts of Worcester's African American community to locate and [re-]establish a long lost World War II Memorial honoring Worcester’s "citizens of color who served our country.”[2] It was referred to the Veterans' and Military Affairs Committee. [3]

According to the program, the memorial was constructed by the Van Slett Advertising Company, sometime before August 1945 (the war was still on), on land donated by the AME Zion Church. Below is detail of a map of Worcester from 1891 in which the church can be seen, at the corner of Clayton and Belmont Streets. [4] Construction for Route 290 began in earnest about 1955-1960, I believe, so it was not up for long before it was removed and lost or destroyed.

A Google map of the area is below, rotated. It looks like the Route 290 E off-ramp is what used to be Clayton.

Here is a transcription of the names found on the memorial and in the booklet.

Adamson, Elijah	Harrison, Percy	Prince, Daniel J
Adamson, James	Hawley, Arthur V Jr	Prince, Walter A
Aikens, Mattie	Hawley, Erill	Randall, Geraldine W
Anderson, Kenneth A Jr	Hawley, William L	Richardson, Roland A
Anderson, Roger B	Hazzard, George W	Robbins, Alfred F
Bates, Ernest E	Hazzard, John H	Saunders, Kenneth B
Bates, Frederick S	Hazard, Leon	Schuyler, Webster W
Battle, John A	Hazzard, Leonard	Scott, Lyman E
Benjamin, Theodore R	Hencey, John E Jr	Shropshire, Louis T Jr
Benson, Eugene F	Hencey, Harry W	Smith, Carroll
Benson, William B	Higginbotham, Charles W Jr	Smith, Clarence E Jr
Black, Harold T	Higginbotham, Forrest I	Smith, James M
Boone, Frank	Higginbotham, Gordon H	Smothers, Tolbert Jr
Bostic, Edward S	Hogan, John H Jr	Spence, George O
Bradshaw, Andrew	Hogan, Thaddeus G	Spring, Ellis
Bradshaw, Wesley	Hoose, Howard F	Spring, Eugene R
Brevard, Ernest	Hopewell, Andrew C	Storms, Donald E
Brevard, Paul S	Hopewell, James H	Taylor, Waverly
Brevard, Robert D Jr	Hopewell, Robert D	Teixerla, Edward
Brisbane, James M	Howard, Alonzo E	Tolson, Joseph
Brown, Hadlin H	Jarrett, Robert	Toney, Albert M
Byard, John A	Jarrett, Willard	Toney, Frank A
Carlos, Stanley H	Jenkins, Rozell	Toney, Frederick L
Cato, Roy W	Johnston, Sidney W	Trusedell, Joseph N
Chatfield, Edward L	Johnson, William O	Tyrance, Leslie L
Clark, Robert C	Joyner, John A Jr	Vickers, Edward
Cole, Robert A	Kelley, Harry C	Wade, Robert A
DeBois, Joseph	Kelley, James W	Walley, Reginald H
Delgado, Antone J	Kennard, Henry C	Ward, James G
DeWitt, Arthur	Kennedy, Alfred Jr	Ward, James H
Downes, Clarence	Kennedy, Carlyle M	Wheaton, Bernard A
Dupree, Zack	Lane, Marvin A	White, James R
English, James L	Laws, John S	White, Wilmore H
Farrell, John W	Levicie, Lester P	Wicks, Luther B
Fisher, Earl F	Majors, George E	Williams, James D
Gaylord, Calvin D	Marshal, Ralph	Wilson, Charles F
Goldsberry, John J	Marshal, Robert	Wilson, Ellsworth
Gray, Holmes C	McCorn, William M	Wilson, Elwood P
Hadley, George L	Monroe, Henry D Jr	Wilson, Frank H
Hall, Eugene E	Nelson, William A	Wilson, Franklyn L
Hampton, Everett B Jr	Nevins, John J	Wilson, George M Jr
Hampton, Heywood	Nichols, Walter D Jr	Wilson, Herbert D
Hampton, Mahlon F	Perkins, Leroy D	Wilson, John D
Harper, Wesley H	Perkins, Leslie	Wilson, Leslie M, Jr
Harris, Harold L Jr	Perkins, Walter W	Wilson, Oliver U
Harris, Richard L	Pope, David F	Wilson, Ralph J
Harris, Waverly	Price, George W	Wilson, Robert W
Harris, Willie J	Price, Henry L	Wright, Carroll S
		Wright, Robert C

Also inscribed on the stone is "United We Stand," and "They serve their country in many places: United States, Iceland, Iran, China, North Africa, England, Australia, Italy."

Below are Professor Doughton's images of pages from the dedication booklet.

So where is it now? Inquiries are currently being made. Stay tuned! I will update this when/if we can track it down.

–––––––––––––––––––––––––––––––––––––

Notes

1. Thomas Doughton, shared post to "Your (sic!) Probably from Worcester, MA if______," Facebook page, digital images and description of Colored Citizens of Worcester WW II Honor Roll memorial; Facebook (www.facebook.com : posted 1 February 2016).

2. Mike Benedetti, "Worcester City Council, Meeting Agenda, 26 January 2016"; Worcester.com, blog, (http://wrcstr.com : posted January 25, 2016).

3. "City of Worcester, Agenda of the City Council, February 9, 2016" Journal of the City Council, 26 January 2016; Worcester, Massachusetts, website (http://www.worcesterma.gov : accessed 11 February 2016).

4. G. H. and O. W. Walker, City of Worcester. Revised by Chas. A. Allen, C.E. (Boston: G. H. Walker, 1891); David Rumsey Collection (http://www.davidrumsey.com : accessed 11 February 2016).

Kimmitt Genealogical Research