Friday, September 25, 2009


Although Edward Berry had apparently filed a countersuit at the time that
he was being sued by his stepson John Haskell, he withdrew it, probably
because he'd been the victor in the first case. But in March 1677 the two
sides were once more back at it in court.

I have to admit I'm not sure what Edward's claim was in this one. It seems
he and William Haskell had finally reached an agreement concerning Draper's
Point, the property that had figured in most of the previous legal battles:

"Edward Berry, who married the wife of Roger Hascall v. Wm. Hascall,
guardian for the children of Roger Hascall. Review.

Writ, dated Mar. 15, 1676-7, signed by Hilliard Veren, for the court, and
served by Henery Skerry, marshal of Salem, by attachment of farm, house
and land of William Haskell of Gloster.

Jefferie Massey certified on Mar. 30, 166[5?] that about twenty-eight or
thirty years ago, he with others laid out about forty acres of land near Beaver
pond to John Hardi or Roger Hascall, but he thought it was to John Hardi.

Agreement, dated Nov. 13, 1676, between Edward Berry, of Salem and
William Hascole of Jabackow, guardian of the children of Roger Hascole,
deceased, concerning dividing a parcel of land called Draper's point "the
eastersaid from the path which the orchard belongs to: fals to the saide
Edward: and the saide Edword in consideration of Is to pay to the said
william: ore his asignes tinn: pounds: at or before in selver: the last of may:
which will be in the yeare of our lord god won thousand six hendard seventy
seven: and the said willim: is fully satisfied of a Judgment past against the
said edward for severell catell and mars: at a court past in Salem the
yeare seventy fiue: for the payment of the aboue said som." Wit:
William Balkwill and William Rayment. Owned in court by Edward Berry."

So Edward Berry and William Haskell had agreed to divide the property and
Edward was to pay 10 pounds in silver before May, 1677. I must say that out
of all the record transcription concerning the Haskell, this one has some of the
more unique misspellings. And as for Jabackow, I've been unable to find any
other mention of such a place.

Next several documents surfaced that weren't mentioned in the earlier trials,
if they were even brought forth at the time:

"Deed, dated Sept. 26, 1653, given by Gervas Garford of Salem, gentleman, to
Elizabeth Hardee of Salem, widow, in consideration of a dwelling house and ten
acres of land and six acres and a quarter of meadow lying near Draper's point
upon Bass river, adjoining Goodman Stone's land on the east and toward the
west to Francis Skerry's land; also his farm of four score acres of land lying
between Lord's hill and Birt's plain on Basse river side within the precincts of
Salem. Wit: Em. Downinge and John Mitter. Sworn, Sept. 26, 1653, before
Jo. Endecott, Govr.

William Haskell, aged about fifty-eight years, deposed that the widow Hardy
told him that her son Rodger Haskell by agreement with her was to have half
the house and land purchased of Mr. Gafford lying at Draper's point and was to
pay part of the money to Gafford for the land. Also deponent's brother Roger
Haskell, etc. Sworn in court.

Copy of will of Elizabeth (her mark) Hardinge, dated 7 : 6 : 1654, and proved,
1 : 10 : 1654, in Salem court: "Item I Bequeath to my sone Joseph Harding my
now dwelling house and the two acres of Land together with the ten acres of
vplandin south feild that which was mr skelltons together with the one halfe of
the Catch Called the Guift that the said Joseph is now in prvided that he pay to
mr Gafford twenty fower pounds starlinge Item I Giue my sone Joseph the
table board and forme in the parlor I giue to my son Joseph Hardinge one Cow.
Item I giue unto my daughter Elizabeth Hascall that pt of house and Land I
bought of mr Garford to be at her proper disposing without haueing any
Relation to her Husbands Leauein it and one Cow according to the donation of
house and land as abouesaid and I giue to my son in law Roger two Cowes
Item I giue to my daughter Elizabeth Hascall the standing bedsteed and bed
and all furniture be longinge thereunto according to the donation of house and
Land as abouesayd together with a fetherbed and two small Ruggs at the
house of Roger her son and one great Chest

"It. I giue to Joseph Swasy one heafer Calfe. It. to the wife of Joseph Swasy
I giue one old ewe sheep It. I giue to Roger Haskall his chilldren two ewes.
It. I giue to my son Joseph Harding's Chilldren two ewes. It. I giue my two
Ram Lambs to the Chilldren of my son Joseph to be equally diuided It. I giue
my weather sheep unto Nathaniell Pickman. It. I giue to John Hascall one
Steere It I giue the Remainder of all my Estate within the house and without
to my son Joseph & to my daughter Elizabeth & son Roger to be equally diuided
only to pay twenty shillings to Mr Samuell Sharpe which I giue him out of my
Estate And I appoynt sergent John Porter to be in the Roome and steed of a
feoffe for my daughter Elizabeth for the land and Goods giuen to her And I
appoint Sergeant Porter and Jeffrey Massey to be ouerseers." Wit:
Edmond Batter and Nathaniell Pickman. Copy made by Hilliard Veren cleric."

So there is Elizabeth Hardy's will, bequeathing land and a house to her daughter
Elizabeth Haskell(later Berry) that she could keep or dispose of without her
husband Roger Haskell having a say in the matter. But what I think is the key there
is "that pt" other words, that part. That would seem to verify all the testimony
that Elizabeth Hardy and Roger Haskell had bought it together.

There were a few more statements to be made before the verdict was finally handed

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