Richard_Margaret_Foley

RICHARD AND MARGARET (WILSON) FOLEY

© 2003 by Nancy Foley Johnson
This copy contributed to the KYGenWeb Project

WRITER’S NOTE

Initially, my interest in research on the Foley family was to prove my lineage for membership in the daughters of the American Revolution. William S. Foley Sr.'s prior research made this an easy task and in 1970 I became member # 551701. My sister, Sarah Katherine (Foley) Roark, joined a few years later (# 677707). A distant cousin, Nancy Morrow Mose, is also a member (# 515663) on this line. Within the application for membership, the ancestor's service reads as follows:

"Patriot Richard Foley helped establish Bowman's Fort and, doubtless helped to defend it because he was there during the siege, though we find no reference to any active part he may have taken. See "old entries and deeds" by Jillson (1926) p. 33. Richard Foley received 200 acres of land on Dix River in 1780. He went from Frederick County, Virginia to Kentucky in 1779. He was a witness to will of John Bowman in 1784."

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Library of VA Search Results, Land Office Patents and Grants, Northern Neck Grants N, 1766, p. 323 (Reel 295):

This M I G H T be our Richard in that he was married a b o u t 1767 and his first known child was born about 1769. He could have been obtaining land in anticipation of marriage and a family. He would have been age 21 at this time. The date of the transaction was 4 December 1766; the location of the land is FREDERICK CO; description: "80 acres on the drains of Punch Run and the North River adjoining William Morgan & c." Richard was the GRANTEE and his name is listed as RICHARD FOLLEY.

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1775 Census, Dunmore Co, VA, taken by J. Netherton:

Richard Foley - 2 males 4 females

[NFJ NOTE: This COULD be our Richard. The two males would have been Richard and son, Elijah. The four females would have been Margaret and daughters, Elizabeth, Phoebe and Mary, who was born that year.]

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Cartmell's, "Shenandoah Valley Pioneers":

The 8th VA Regiment was composed chiefly of (Shenandoah) Valley men. One officer mentioned by Col. (Rev.) Peter Muhlenberg, who commanded the regiment, as "effective officers fitted to command the 8th Regiment" was Capt. Abraham Bowman who was commissioned to colonel in January of 1777. There were no muster rolls included. Men were detailed in 1778 to recruit the rifle companies.

[NFJ NOTE: Col. Abraham Bowman led a party of pioneers which included Richard & Margaret Foley and their family to Bowman's Station, in what was then Kentucky Co., VA in 1779. This location is now in Mercer Co., KY, just a few miles from Burgin, KY.]

"The said Richard Foley is the ancestor who assisted in establishing American independence, while acting in the capacity of patriot - helped establish and defend fort." [reference: volume 11 cc p.133-135 Draper Manuscript] long before the DAR application was complete, the genealogy "bug" had claimed another victim. That was over 37 years ago and it is just as interesting to me and as much fun to work on now as the day I first realized that this was my kind of hobby. I have become the self-appointed family historian and curator of the repository of family memorabilia, photographs, etc.

In the early 1960's my father inherited a portion of the estate of his great uncle Jacob S. Foley, by way of Jacob's only daughter, Frances "Fannie" Lorraine Foley. They lived relatively close to the area settled by Richard and had not been too modern in their way of thinking or living. The house was clapboard over logs and did not have running water or electricity. They heated with coal in fireplaces, however, one room did have the luxury of a "heatrola". Strips of newspaper were rolled into long twists for use in lighting the coal oil lamps and fires in order to save matches. The first floor of the house contained several levels, which resulted, I assume, from the fact that it was part log with more "modern" additions as the 19th century rolled by! Since my grandparents time, it has been a two-story house. It was destroyed in the late 1970's to make way for a subdivision.

This particular branch of the family were "savers" and in sorting through the contents one was often under the impression that one had stepped back into times past. There were newspapers of early times telling of presidential assassinations, copies of paid accounts at local mercantile stores, etc. Which, when investigated, contained purchases reflecting a death or impending death in the family (i.e. The purchase of black fabric, black pins, black gloves and black veiling). There were copies of paid accounts at the local cooper's showing the purchase of materials used and needed in the distilling of whiskey, which my great great grandfather Jacob Stone Foley made at his mill [Higbee's Mill] near the corner of Harrodsburg Road and Higbee's mill road. This was the stuff genealogists’ dreams are made of! [end of note]

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THE JOURNEY TO KY

Cotterill, "History of Pioneer Kentucky," p.153 - 158:

The year 1779 is a notable one in Kentucky history in one respect - It was the first time the white men attempted to take the offensive against the Indians. The marauding bands that beset the Wilderness Road and the banks of the Ohio did a profitable business at the expense of immigrants to Kentucky. They were persistent enough to annoy, while not strong enough to imperil, the settlements. A more patient people than the Kentuckians would have grown restive under continual worry. When they decided to take revenge they were at no loss where to look for the foe; no other than a Shawnee would wage such a war. The invasion of the preceding year was also a bitter memory. The military authorities decided to carry the war to the enemy....Old Chillicothe on the Little Miami [River] some 60 miles north of the Ohio River.

Col. John Bowman, the County-lieutenant took the initiative by notifying the settlers that immediately after they had finished planting their corn, they should rendezvous at the mouth of the Licking for an expedition northward. This particular time was selected for the expedition because there were present in Kentucky than some seventy men from the Monongahela County, and it had been ascertained that their aid could be secured for the attempt. These men had been in Kentucky prospecting for land and were now on the point of returning home.

Historians of Kentucky admit that their accounts of the battle are more than obscure. It is comparatively certain that the army reached the Indian town about dark, and, finding the Indians unsuspecting, determined to attack at daybreak. A premature shot from one of the men disclosed the presence of the white men and the battle began in confusion. Harrod was there with his Monongahelians, and when needed, they refused all obedience and gave themselves up to plundering the camp. They could not be induced to go to the aid of the hard-pressed Kentuckians.

Bowman, seeing that the Kentuckians were in danger of being surrounded, and not being able to compel or persuade the Monongahelians to advance, ordered a retreat. This order came as a complete surprise to Holder and Logan who knew nothing of the conduct of the Monongahelians. At first the Indians didn't pursue the retreating men, but eventually they did. Finally a cavalry charge scattered the Indians and rendered the remainder of the retreat safe.

The moral effect of the retreat was incalculable. It was the first attempt KY had made to invade the enemy's country, and, notwithstanding the damage done to the enemy, the enforced retreat gave it all the appearance of a defeat. It was considered a defeat by the settlers themselves. In their resentment the settlers looked around for a scapegoat among their officers, and finally fixed on Bowman. The credit of the defeat may be given to the seventy Monongahelians who refused to obey Bowman's order to advance. Public opinion enforced the retirement of Bowman.

Notwithstanding the defeat, the immigration to Kentucky continued as rapidly as before. The Indians had been too severely crippled to send any considerable force into the country. Only small parties continued to infest the roads and cut off the people as they came in. There were many isolated conflicts with these during the year, but none of enough moment to merit narration. But a far worse foe than the Indians was now to be encountered; it was the terrible winter of 1779.

At this point, Richard, Margaret and six of their 10 children enter the scene. They arrived in December of 1779, meaning that the children were 10, 8, 6, 4, 2, and one just 9 months old. Three months after their arrival, another child was born to Margaret and Richard. At this time Richard was 34 years old.

In December 1779, a party of settlers from what was, in family writings, referred to as Frederick County or the Shenandoah area of VA set out for the wilderness of Kentucky. The group consisted of about thirty families of 18 different surnames, under the leadership of Colonel Abraham Bowman. They left Virginia for the wilderness of Kentucky.

In Kerr's "History of Kentucky," Vol. IV, in the biography of Richard's great grandsons, it is said that the Foleys came to KY from the "James River area of Virginia." This was only ten years after Daniel Boone had made his first visit to Kentucky in the summer of 1774. Only five years before the Bowman group made their way to Kentucky, Boone and Stoner were sent out by direction of Lord Dunmore to warn surveyors and others then in Kentucky of the impending Indian uprising. It was on this trip that Boone took time to pick out a lot and start a cabin at Harrodstown, the embryo town just laid out by James Harrod. In October of that year the deadly encounter at point pleasant took place -- the fight with the implacable Shawnees, under cornstalk, in Dunmore's war. The following march [1775] Boone was employed by a company of North Carolina gentlemen to mark out a road to Kentucky where their new colony of "Transylvania" was to be erected in a vast area these investors had purchased from the Cherokees by treaty.

During the crucial years from 1775 to 1779, the settlement at Boonestown was maintained and defended against assault and siege by Indians and Canadians.

Boone's Station, like Bowman's Station, was established in 1779. Boone's Station was located on Boone's Creek which now separates Fayette from Clark County. In August of 1782, the battle of blue licks was fought in Kentucky. Boone's son, Israel was killed in that bloody battle. Several of the men who had been at Bowman's Station were also there. Listed among those killed in the battle was a John Foley, but no connection to our Foleys has ever been made.

[note: Dunmore Co. VA was formed from Frederick Co. VA in 1772 and named in honor of Lord Dunmore, then governor of VA. In 1777 the name was changed to "Shanando". This area originally embraced what is presently Shenandoah county, two-thirds of Page County, and half of Warren County.] *

* Richard A. Prewitt, one of the members of the Society of Descendants of Bowman's Station Settlers did a study of areas where groupings of the Bowman's Station Settler's surnames were located and came up with an accounting of eleven of the nineteen families. The locations covered Henrico, Goochland, York, Lunenburg, Bedford and Halifax counties of VA. The eight remaining which did not 'travel in the same areas' were: Foley, Aikers, Bowmar, Ferrier, Marlin, Helm, Morrow and Pirtle. Of course, this was found in his pursuit of Prewitts and Collins, so not every scrap of information relative to those omitted may have been noticed, however, it does make one wonder if these eight other families knew each other from locations other than the ones he found...or did they just show up, ready to leave for KY?

[Note for future reference - from research by Thomas Turner Foley,III:

Men under Capt. Michael Reader were from what is now Page County, VA and those enrolled under Capt. Joseph Bowman were from what is now Warren County. There is a connection between our Foleys and Joseph Bowman's family. Possibly this will prove to be a clue for further research into previous locations of Richard and his father, Henry Foley - ie. - in Frederick County, VA deed book 18, p. 45 [on VA state library microfilm reel 9] is shown early troop records, 1751-1761 [this has been abstracted by Barbara Vines little in the "Frederick Findings" quarterly, vol. 3 # 1, p.23, in the following:

"Ordered that Richard Folio of Capt. John Bowmans company (on his motion) be discharged of further duty at musters.

Wayland, "the Bowmans...," P. 27:

John Bowman appears as a Capt. At the courts martial held on Oct. 31 and Nov. 1, 1760 and again at those held on Oct. 9, 1761. The only members of his company whose names appear in the records were William Miller, gent., (who could be some kin to Richard Foley's d-in-l, Rachel Miller, who married Richard's son, Elijah.) That same page and the next goes on to relate a massacre of the George Miller family of this area. No relationship is known, but in a community of this size in that time, it is quite likely that there was some connection, provided that Rachel was from here (we just do not know.)

"Richard Folio" - this has to be 'our' Richard Foley who came to (then) Col. John Bowman's station in KY. This spelling is seen in a lot of VA records and has long been suspected of being transliterated as Foley and vice versa. In this same document are mentioned many names of collateral family and friends / neighbors of the Foleys in VA as well as later in KY. These include: Col./Esq. John Hite, Van Sweringin, John Funk, Marquis Calmes, and John Bowman.

The group apparently left Frederick Co. at the same time, but eventually, with the hazards and travel conditions, etc., traveled at various speeds, and thus arrived at their destination at different times as told by Foley writings which stated that the party of Foleys and a few other families arrived before the others and that Elijah's mother [Margaret (Wilson)] "was the first white woman in the station for some time". At this time, Kentucky was inhabited almost exclusively by wild beast, and used only for hunting by the Indians. The first white settlers had arrived here only three or four years before. Richard (son of Henry and Amy) and his family were among this party of settlers, ready to brave the dangers and hardships that had to be endured in the settlement of a new country.

In his book, "the Bowmans, a pioneering family", John W. Wayland states that they left from the Cedar Creek vicinity which is near Strasburg, VA. The distance to their destination would have been 450 or 500 miles, depending upon whether they went down the Valley Turnpike/Indian Road and through Cumberland Gap or to Pittsburgh and then down the Ohio River. It is his opinion that the usual route appears to have been by way of Pittsburgh. In letters written earlier in that year, Major Joseph Bowman had expressed the hope that Abraham would drive their stock to Kentucky that fall. If they took the Pittsburgh route, it would have been necessary to provide flatboats for the long, winding trip down river. This route would have taken less time than the overland Cumberland Gap route and would have been easier on the livestock, but, as he points out, the difficulties of getting feed for the stock would have been greater on the river than on the overland route.

In her journal of research, Musa Foley wrote that the party of settlers including the Foleys, came through the wilderness by way of Cumberland Gap and made a settlement at Bowman's Station. After corresponding with several newly discovered cousins, some correspondence came to light which indicated that (so far as i know) oral family tradition relates that they came to KY via Cumberland Gap and when they approached it, some "men were painting a line in red paint" to guide the numerous pioneers through. Tradition also states that the route was so narrow that the wagons could not get through. The families (including the Foleys) who were travelling with the Bowman party to Bowman's Station had to leave their wagons and walk or ride animals on in. Carrying what they could salvage from the wagons.

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Kentucky School Journal, V.13 #1, "Daniel Boone, Trail Blazer," Virginia McClure, p.24:

No wagon passed over the section north of Cumberland Gap until after the KY Legislature, in Dec.1795, ordered the [Wilderness] Road cleared and made passable for wagons. The pioneers knew little of convenience or of comfort. They expected neither a speedy journey nor one devoid of danger and hardship. A path through the wilderness was all they required. For more than 20 years after Boone marked the trail, the men and women who followed it to Kentucky came on foot or on horseback, carrying what supplies and household goods they could on pack horses. Those pioneers and their descendants are indebted for the marking of that path, to the most famous of Kentucky's early enthusiasts -- Daniel Boone, woodsman, soldier, hunter, explorer, trail blazer.

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Umstattd, "Hite Family Homesteads," p. 105:

-The Trek from Virginia to Kentucky - late 1700's -

With each generation, it was not unusual for the grown children to move on to find the promised land - which, [for many] ends in Kentucky.

Three-hundred thousand people took their chances on the Wilderness Trail going through the Cumberland Gap. In most cases they had no money, not much of an idea where they were going - but Kentucky was the promised land. Even though en route they passed beautiful available property, they kept going - to the promised land. By horse and wagon, if the weather and trail conditions didn't slow you down, you were lucky to be able to make 10 miles in one day. In some cases, with the weather, time of year and everything against you, it could take as long as 8 months to travel 200 miles. Some made the trip by flatboat from Pittsburgh, down the Ohio River.

The Wilderness Road began at the Block House above Ft. Patrick Henry on the Watauga River - just east of Cumberland Gap. To get there settlers from the north-east, took the Shenandoah and Holston valleys. The northwest fork of the road, after the Gap, went to Harrod's Town and the Northeast fork to Boonesborough.

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BOWMAN'S STATION

Bowman's station, which is six miles east of Harrodsburg, KY and two miles east of Burgin, KY, at that time was in Kentucky County, VA, but is now in Mercer County, Kentucky. Wayland contends that the station was founded by Colonel John Bowman and that Colonel Abraham and his party may have stayed at first for a while at Colonel John's settlement until they decided upon a permanent location of their own. The station was in use for about four years. The length of time these families remained there has not definitely been proven. Richard Foley's son Elijah [my fourth great grandfather] was about seven or eight years old at the time of the migration and his version of that time of his life was recounted to us by way of his interview by Rev. John D. Shane which is contained in Draper's Collection of Kentucky Papers 11cc 133-35 Wisconsin State Historical Society, Madison, Wisconsin. Elijah was elderly when interviewed, but I feel that his memory was more or less correct because in those early days of the journey and at the station, the children grew up fast. They were privy to what was going on. They were not sheltered from the stark reality around them and they listened and watched and remembered.

In writing of her family, Lula Catherine (Marrs) West stated, "The Foley family came from Virginia and settled at Bowman's Station near Harrodsburg where William Foley, my (Lula's) great great grandfather was born." She then goes on to record the dates from "the old bible they brought with them from Virginia. My great great grandfather, William Foley and two of his brothers (John and Elijah) settled near Old Republican Church and built homes there. William built the home where Jacob and Sanford Foley now live. Richard and Margaret Wilson Foley had six children at the time they made the perilous journey. Their seventh, William, was born at Bowman's Station on July 23 1781. [NFJ - note: he is my fourth great grandfather and Elijah, his brother, my third due to the fact that my great grandparents were second cousins] it is likely that some of their other children were also born here since they were apparently in the station for it's four active years, and possibly longer. They had three more children born to them, making ten in all. Margaret was said to be the first white woman in the station for some time."

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Cotterrill, "History of Pioneer Kentucky," p.157-158:

Far worse a foe than the Indians was now to be encountered...it was the terrible winter of 1779. This was the longest and coldest winter that the Kentuckians had ever experienced. [NFJ - NOTE: According to oral tradition, the Bowman party left VA in the fall and arrived in mid-December - just at the worst possible time.] The winter began the first of November and continued until February 20th. During all that time the ground was covered with snow and ice several feet deep, and the rivers were frozen solid to the very bottom. The brute life of the land was practically exterminated and only a few of the domestic animals lived through the winter. Men and women died by the score for want of food, and the survivors were reduced to the extremity of eating the horses and dogs that had perished from hunger. The population of Kentucky at this time was for the most part living in isolated cabins, and communication was difficult. The most common articles of food could be secured, but only at enormous prices. The bitter winter affected the incoming settlers most cruelly of all. Traveling was reduced to two or three miles a day and many parties were unable to pass the mountains and were forced to spend the winter in camp.

The first winter they were there [in the station) was one of the hardest ever known in Kentucky. In his book, Wayland states that the severity of the often referred to "hard winter" or "cold winter" extended over a number of states and the interior of Kentucky in the Harrodsburg area from mid-November to mid-February. Snow and ice continued on the ground without a thaw, and snow storms, accompanied by driving, piercing winds, were frequent. No rain fell and the rivers, creeks and springs were frozen solid. Water for drinking, cooking and washing could be obtained only by melting snow and ice. He also tells how all through the night the suffering pioneers could hear the distress of buffaloes and other wild animals that fought and strove with one another to reach positions of shelter from the wind and to find slight warmth against the chimneys of the log cabins. Not only the settler's livestock, but many of the wild animals as well as birds and fowls were found starved and frozen to death. Several winters soon following were also severe.

[Reference: Collin's "History Of Kentucky", Volume I, Pp. 394-395] and [Reference: Lexington Herald-Leader, Bettye Lee Mastin, 1976, Bicentennial Stories of Early Ky]:

Some families stayed in caves and others lived within a shelter covered only by a blanket for a door. Average lows for that area of KY run from 36o in November to 28o in February. This winter was much much colder. Food was scarce and some people couldn't survive on fresh meat too long. "Hunger haunted the pioneers those first hard years in Ky. The women the first spring [that] we came out, would follow their cows to see what they ate. Buffalo meat was used for bread and bear for meat. " Bread was a problem as there was no wheat, and what corn they had was often rotten. My father traded one horse for 15 bushels of corn but it was so rotten it wouldn't grow," said Elijah.

...of a neighbor, David Bryant, "he couldn't survive on meat alone. He died of starvation for want of bread and of the cold weather..." There were no peaches, apples or pears until trees could be planted and grown to bearing size which took several years. The quickest crops were melons and turnips which substituted for all fruit. The first cabins had simple architecture. "The first cabins were of unseasoned logs laid up without hewing the sides of the logs." Imagine a cabin the size and form of a dining room - one storey high - without windows - with a door opening to the south - with a half finished wooden chimney [and] with a roof on one side only - a floor of logs not yet split to provide a flat side."

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KHS REGISTER, Vol. 41, # 135, Apr. 1943, pp. 101; Part 5: "A Memoir of Lexington and Its Vicinity - With Some Notice of Many Prominent Citizens and Its Institutions of Education and Religion", by Willm. A. Leavy:

This sheds more light on the Bowman's of Bowman's Station [written by Leavy in 1876] and maybe contains a clue as to where our Foleys were and when.

"Col. Abraham Bowman first came to Kentucky in company with his brother, John, in the year 1775. Col. John settled in Lincoln (now Mercer Co.) Col. A. Bowman informed me that he bought his own valuable estate on South Elkhorn where he resided till his death (about 1837-8) in the year 1777 of Col. Philip Love of Virginia at the rate of seventy five pounds Virginia money per thousand acres and this thousand acre survey, and he was three years in Kentucky before he could find the corners. They were found for him by Col. Levi Todd, the county clerk and this thousand acres measured fourteen hundred - as was often the case in these early surveys. Col. A. Bowman remained a short time with his family in Lincoln before his removal to Fayette [Co.]." This estate cost it's owner 325 cents per acre at the time of purchase. The Foleys were still at the Station in 1871 when son, William was born.

1780 - 2 SEPT. - LINCOLN CO KY ENTRIES, Bk. 1, p.82:

Richard Folley, assignee of John Smith, assignee of C.M. Thurston, Enters 200 acres upon a treasury warrant - on the north side of Dick's River about 2 miles from Bowman's Station and to include the said Spring and to run south east for quantity.

[same date] p.84:

200 acres on the North side of Dick's River on William Allen's Spring branch to begin at the mouth of the said branch, and to run to said Allen's line and with the same for quantity.

Ibid., P. Bk.1, p.267, 27 may 1782:

Richard Folly, assignee of John Smith, assignee of C.M. Thurston, With draws his entry of 200 acres on the north side of Dick's River on William Allen's spring branch and to begin at the mouth of the said Branch and to run up to said Allen's and with the same for quantity

This entry was taken for an entry by probate.

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WHERE WAS RICHARD & FAMILY BEFORE FAYETTE COUNTY?

We have no idea where the family was for a period of time between when they left Bowman’s Station and when Richard purchased land in Fayette Co, KY. We have no oral or written family history of where they lived during this time. In 1780 - 1782 Richard had land entries in Lincoln Co, KY. He purchased his land in Fayette County in/about 1787. The only hint of his whereabouts then comes from the following:

McAdams, "Kentucky Pioneer...", p.48-49:
Lincoln Co, Stanford Court House
Abstracts of Wills and Deeds, Bk.A, p.72
Will of John Bowman, and one of the witnesses was Richard Foley.

It was written 5 Feb 1784 and probated 17 August 1784.

[NFJ NOTE: I am certain that this is our Richard because this John Bowman is the one who founded Bowman's Station. and another of the witnesses was James Cox, who was another of the settlers at Bowman's Station.]

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TO FAYETTE COUNTY

In 1787 Richard and family moved to Fayette County. We do not know if they stayed in the protection of the station for that length of time or if they re-located in that area right at first, but tradition states that their arrival in Fayette County was in 1787, eight years after leaving Virginia. Colonel Abraham Bowman also removed to Fayette where he lived on 8,000 acres of land and took a leading part in public affairs. He lived about 5 miles southwest of Lexington on South Elkhorn creek. He erected one of the first brick houses built in Kentucky and it is still in a perfect state of preservation (2003). At one time the owner was Mrs. Helm, the only surviving sister of Mary Todd Lincoln. It became known as "the Helm Place" and in the 1890's my great grandfather, Alexander Foley leased it and lived there with his family. I have a photograph showing a group of friends and family seated on the front lawn with the entrance of the house in the background. They had apparently had a party and some had been bicycling, as their bicycles are also in the photograph.

Colonel John Bowman, an older brother of Abraham, built "Bellevue" near Burgin, Kentucky very near the site of the station and remained in Lincoln County where he became the first sheriff. He died in 1783. Richard Foley was one of the witnesses to his will that was dated Feb. 5, 1784. This more-or-less pinpoints the location of Richard at that point in time. In that day and time, a journey of that distance with the conditions and dangers which would have still been in effect would have ruled out a trip from Fayette to witness a will. He must have been still living in the area.

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THE LOCATION OF RICHARD'S HOME

Richard and Margaret and their family bought land and, like their friend, Colonel Abraham Bowman, also settled in the South Elkhorn community on or near what is now the Higbee's Mill Road and/or Man O'War Boulevard, south of Lexington in the area surrounding what is now (2003) the "Mill Pond" shopping center. I have what is supposed to be Richard Foley's broadax. I do not know if it was obtained in VA, in Mercer County, or obtained in Fayette Co, but it is very old. I remember being told that it was used by him to clear his land in KY...either Mercer and Fayette or just Fayette...I do not know which.

The first settlers found a vast forest covering the land. The broadax, a small and primitive tool, was used to remove the giant trees so that homes and a small plot of ground might be farmed. The clearing of the forests continued. Today's Kentuckian hardly gives the wide fields and pasturelands a second thought, however, most of these had to be cleared one tree at a time. It is safe to say that the land of Kentucky today looks nothing at all like it did 200 + years ago. [The Kentucky Explorer, March, 1996, p.8]

Ward Russell, Church Life In The Blue Grass 1783-1933, pp. 29-30:

"Richard Foley had settled near Republican [meetinghouse] across from Col. Campbell and left his property to his sons John, Elijah, and William. [NFJ note: John & Elijah were left land. William was left money and bought his land almost adjoining theirs]. A part of this estate is still in possession of the Foleys, Sanford and J.S. Foley."

[NFJ note: William's descendants sold the land to a developer in 1962, and thus ended the Foley's possession of land in the area they helped to settle. Elijah's brick home stood in more recent years, vacant until the early 1990's. It was 199 years old when finally dismantled for the brick contained in it. The area was developed into a subdivision called "Foley's Landing" and several of the streets have Foley and related names. I got to name some of these streets as well as the name of the subdivision.] At this writing, one of Elijah's fifth great granddaughters, Linda Lee Kennedy owns a home, built on what was at one time Foley land, in the area called "Copper Trace". The following are some facts and theories on the location of Richard's house.

Richard's home is believed to have been built on the hillside overlooking the Republican Meetinghouse, according to writings left by John Marrs (grandson of Richard). He stated that "the Roley house" was standing in 1938 and was owned by Mr. [Homer] Sutton.

[NFJ note: I believe that the original Richard Foley house was at least one third, if not all, of the 3-part clapboard over log house restored by Prewitt Breeze in the mid 1970’s. The "Sutton Place" which was also clapboard over log, would most likely have been where Richard's son john lived. It is quite possible that Richard built a small log house – one-third of what later became a three-part house – and then built a larger home. The larger log house where John Foley lived was on land left to John at Richard’s death and John also inherited the care of his mother, Jane (Roberts) Foley. The small cabin was also located on this land which john inherited. (see explanations to follow):

In the mid 1970's while visiting in Lexington, I discovered to my dismay that the Sutton house had been razed only days before, and by the time I arrived at the scene, it was being bulldozed into what had been the cellar to "make way for progress". The large walnut logs of the original house had haphazardly fallen into the hole which had been the cellar, and were soon to be covered over by earth. At some point in time the logs had been covered by clapboard in order to modernize the appearance.

I talked to Homer L. Sutton and he told me that his grandfather, James H. Sutton bought part of the "Foley Farm". The "Foley" house that Mr. Sutton grew up in had 6'x 8' hand-hewn logs in it. I believe that this is part of the original Richard Foley land/homeplace, which became the part that his son, John inherited at Richard's death. He was also to be responsible for the care of his mother during her lifetime. Either a larger house had been built by Richard, or John built one to accommodate his family and his mother. Mr. Sutton also told me that the cellar of the log house was walled up with 7' x 10' hand-hewn logs which sat on rock, with a mortar of plaster, dirt and horsehair between the logs. He also stated that the logs were placed vertical in palisade fashion. According to Mr. Sutton, the house was in two sections and was covered with walnut weatherboard. The front joists were mortised and pegged in the upstairs (above cellar) section.

There is another theory as to where Richard and Margaret lived. In 1976, Prewitt Breeze of Lexington offered to move a log house rather than have it destroyed by bulldozing as the one above had been. This was prior to our visit mentioned above. This house, thought to be a Foley house, was a bit higher up on the hillside and to the left. He completely disassembled the house, numbered the pieces, cleaned the logs, saved every bit and scrap of anything original and still usable, and attempted to match (from restoration companies) the hardware, paint colors, etc. as much as possible. The house had been modernized at some point in time by a covering of weatherboard. Actually there were two sections connected by a 'dog trot', but he only managed to save one section – the part he believed to be the oldest.

He contacted me, knowing that I had done research on the Foleys who had at least owned it in more recent times, to see if I knew who had built the house. Over the next several years he worked on it's restoration and we tried to establish the identity of the original owner, but never could come up with a proven answer. Prewitt was of the opinion that since Richard left Bowman's Station in 1787 and didn't buy the land that we are aware of from Elijah Craig until 1791, that he would have to have had a place for a family of at least nine to live. He thinks that the log house which he re-worked and which stood higher on the hillside and to the left of the Sutton/Foley house was where he lived first and later he had built the sutton/foley house. The s./f. House was on Stephens military survey land (bordered by neighbor Nuttle), which was a land grant from the French and Indian war given by the British...not the colonies... And would have been void after the revolutionary war. Mrs. Wooley who researched land grants recalled (to Prewitt) having seen the name Nuttle as involved in a claim dispute. The two houses are on adjoining land. It is his opinion that the Sutton house was also built by Richard and willed to his son John as "the homeplace" and to be the home of Richard's widow, Margaret during her lifetime.

At this point Prewitt stated that he examined the ruins of the Sutton / Foley house and that in his opinion, beyond a shadow of a doubt, the same person built both. He based his opinion on the fact that the logs of both houses were marked in the exact same way. Over a period of time, he became expert in the restoration of log houses. The hand-wrought nails in both houses have been dated to as early as late 1600's - late 1700's and the hand-hewn timbers in the Sutton/Foley house were the exact same dimensions and hew marks as those of the house he had dismantled. In the house he restored, the roof sheeting was intact and the original shingles or shakes had been attached by wooden pegs. This raises the possibility that Richard may have lost this land or sold it to the Nuttles who later bought more land when Elijah Foley's (son of Richard) estate was sold...this estate being part of Richard's 154 acres...in order to make debt settlement (sheriff's sale and deed of March 29 1814). This tract bought by Thomas Nuttle was later re-bought by the widow of John Foley (eldest son of Richard). [NFJ note: in the 1960’s Richard’s great-great granddaughter lived with my aunt, and in conversation one day, said something that meant nothing to my aunt. She said that the Foleys had had to pay for the original land twice. When I heard this, it meant something to me!] In Richard's deed he specifies that Elijah, his second son, get "the big spring". This reference was probably made in comparison to the smaller spring which had been on his original tract of land where he built the first house.

In disassembling the house, Prewitt found some artifacts...a brass ring which appears to have had a plating of gold at one time. It has a space for initials in the design (no initials are engraved) and the design is what appears to be a shamrock sort of leaf or flower. He also found some shoe button hooks and bone buttons. He gave me the artifacts, which I prize highly, in appreciation for my help.

Incidentally, Prewitt's house was restored to perfection, complete with the original paint color on the door. (I was unaware that log houses had painted doors, etc.). The interior wood was refinished as well or better than most pieces of modern furniture. Prewitt did not own enough acreage of land in Fayette County on which to reconstruct the house, so he put it on his in-law's farm near Hodgensville, KY. I made a trip there to see it and was delighted with the results. As the years went by, things changed, as they so often do, and Prewitt and his wife were divorced. She got possession of the log house because of it’s location, and it was soon after being used to store farm implements, supplies, etc. My parents saw it some years later and were upset at the condition it was in, knowing the labor of love Prewitt had put into it.

______________________________________________________________

THE TIMES

In trying to imagine what life must have been like for Richard and Margaret, whether at Bowman's Station or at South Elkhorn, it must have been very much like the description given in the following:

Ward Russell, Church Life In The Blue Grass 1783-1933, pp. 23-5:

"Like the Pilgrim Fathers at Plymouth in New England, the settlers of South Elkhorn found their first winter there unusually severe. Their cabins were small, usually with dirt floors and the clothing scanty and the food scarce. But the cold weather and snow kept the Indians from molesting them and gave them time to make more adequate preparations against their interpretations. John Taylor's cabin was "sixteen feet square, with no floor but the natural earth, without table, bedstead or stool." "We had to pack corn forty miles, and then send a mile to grind it at a hand mill."

In describing how the area was in 1805, in his 'Autobiography,' Elder Samuel Rogers said that "dense forests and thick cane covered the face of the earth, except here and there where some emigrant had reared his cabin and cleared out the cane and undergrowth in small patches that he might raise a scant supply of the necessaries of life. The man who could boast of an orchard of young seedlings was almost an object of envy." Tea and coffee were rare luxuries. Maple trees supplied molasses and sugar. Game was plentiful, such as wild turkey, bear, deer and smaller game and water fowls. Before the water mill the grater and hand mill were used. Venison was 'jerked' for future use. Fish was plentiful and wild grapes, plums, berries and nuts were fortunately close at hand. "Yet the people were happy and contended with such living, had fewer aches and pains, had more rosy cheeks and slept more soundly than their more aristocratic and wealthy descendants."

Much of the flavor of the pioneer days is still preserved in the mountains of East Kentucky. The people are still close to nature, still use some Elizabethan English, still hear preachers 'shout aloud' the tidings of salvation and use the 'holy whine' in their preaching.

The women made a greater sacrifice than the men in venturing into the wilderness. Deprived of the simple home comforts they had enjoyed in Virginia they slaved to do their heavy tasks with only the crudest utensils, until the fast moving van of civilization overtook them and supplied them with what the age was able to offer.

Russell, Ibid., p. 58-59, concerning pioneer religion and discipline:

"Members of the pioneer churches were required to walk 'the strait and narrow' path. At almost every monthly business meeting one or more charges against erring ones were considered. Sometimes more members were excluded for sins and misdemeanors than were received into membership during a given year. [There were] church trials for heresy, immorality and delinquency in church attendance. A great variety of offenses were considered worthy of the penalty of excommunication, some that we would consider trivial today. And they often waxed warm in these ecclesiastical trials. The accusers [often] seemed [to be as] bent on convicting and the defenders as ardent for clearing the accused party.

He then quotes from "The Ten Baptist Churches" by John Taylor, stating that expelling members by a majority of voices often awakened great excitement when a complaint was brought in...Especially when the case was somewhat doubtful; they did not want a guilty person to remain in the church, nor did they want an innocent man to be condemned, so seldom was there a trial without great warmth of temper.

In looking through the old minute books, Rev. Russell stated, "we found that people were 'churched' for drinking too much, intoxication, adultery, 'lies of hypocrisy,' gambling, betting, dishonest business dealing, stealing, swearing, calling another a liar, fighting, destroying land markers, dancing and frolicking, bigamy, wife beating, misbehavior in worship hour, quarreling, refusing to hear the church, repeated absence from church, playing carnal plays and divers other offenses."

He tells us that, "much like John Wesley's circuit rider system was the system in vogue in the pioneer days among the Baptists, Christians and Disciples. Seldom did a church engage a preacher for more than one trip a month. When he visited a church as its minister he usually served as moderator at the Saturday business meeting and as such, presided at the trial of members on charges of any sort of delinquency. He preached three or more times during the visit and sometimes held services in homes, under trees or wherever an appointment might be made for him as he came and went. Sometimes he rode long distances to these appointments and usually found hospitable entertainment for himself and his horse when he turned in for the night."

____________

Russell, Ibid., quoting Mrs. Peyton Howard, Story of Bryan's Station, p. 4:

"Practically the entire garb of the early pioneer was made from the skins of animals. A loose frock, with cape, made of dressed deerskins, was called a hunting-shirt. Leggings of the same material covered the legs. Moccasins were worn on the feet. Very often the head covering was made from a coonskin, the tail being left on the hide as an ornament. A leather belt, from which hung a hatchet or tomahawk, a hunting knife, a powder horn and a bullet pouch completed the dress of the men."

"The women wore dresses made of homespun flax, with the skirts full and long. Huge slatted sunbonnets protected the face of the wearer from the sunshine, and also from any cooling breeze. These bonnets were worn constantly, for one's complexion must be guarded regardless of the hardships of the frontier life. Even in those dangerous times the young girls, often the older women, were found as beautiful as the protected maiden of the Old Dominion. Children were dressed very much as their elders, according to the sex."

_____________

Russell, Ibid., p. 24, quoting Anna Russell Des Cognets, "General Wm.

Russell And His Descendants," p. 44, cited by C.C. Ware, p. 204:

Two explanations are given concerning the origin of the now celebrated Elkhorn. One story runs: "In 1773, when the McAfees penetrated for the first time to these luxuriant depths, an elk was killed that so surpassed all others they had seen that his grandly branching antlers were set up as a trophy on the bank of a new-found stream, and from that day to this the once unheard of water has been known by the beautiful name of 'Elkhorn'".

The other explanation is that the early surveyors in sketching the branches of the stream noticed a likeness to the branching horns of the elk and called it the 'Elkhorn'."

______________________________________________________________

SETTLING THE LAND

Russell, Ibid., p. 24-5:

"These sturdy pioneers had come to acquire land and lost little time in staking off claims. The method of securing a claim by going out and surveying what one wanted and then trying to hold it against other claimants was extremely confusing and led to many law-suits. Many of the military grants were never claimed, and many that were claimed were lost for want of proving prior title. Even Daniel Boone lost his claim. Many families today trace their abstracts back to these early entries."

______________________________________________________________

GUNPOWDER

The pioneer couple lived here and reared their large family. Richard engaged in the manufacture of gunpowder, a very necessary commodity in those days. His advertizement appears in the local newspaper, stating that he has gunpowder for sale. Because of the date of the ad, to the knowledge of the experts on the manufacture of gunpowder, he was the first known commercial powder maker in the state of Kentucky.

Ward Russell, "Church Life In The Blue Grass 1783-1933," p. 28:
[In the South Elkhorn community] mills to grind corn, saw lumber and some to make gun powder, were erected along the stream [of South Elkhorn].

When I met Loretta Friebrandt, another Foley descendant, who published "Foley Findings" quarterly magazine for about 10 years, we were comparing notes on our Foley ancestors in the KY Historical Society library. When the fact that both of our progenitors settled in Kentucky and made gunpowder arose, we thought we had made a connection. Later when she mentioned the above fact to a historian, he informed her, with some amusement, that the Foleys were Irish and that all Irishmen knew how to make gunpowder because they needed so much of it for all of the fighting they did! We are, however, still working on making that connection. She related that there was an expression in the Fleming County, KY area where her John Foley settled, that something that happened fast was "as quick as Foley's powder".

Richard first made the gunpowder by hand, grinding it with a mortar and pestle. He later built a mill on the little stream which flowed at the foot of the hill below the house. He received a dollar a pound for the powder.

"The Trotter Gunpowder Mill at McConnell Springs 1811-1833," brochure outlining a talk given by Gary A. O'Dell at McConnell Springs circa 1996:

The manufacture of gunpowder was an important early industry in Kentucky. This was made possible by the abundance of saltpeter, the main ingredient, found in limestone caves and sandstone rock shelters in the region surrounding the Bluegrass. Because of this availability, numerous powder mills were constructed in the Bluegrass and throughout the state. The first gunpowder factory in Kentucky was established in 1793 by Richard Foley at South Elkhorn in Fayette Co.

By 1810 there were 63 powder mills in Kentucky, and as war with Britian approached, more were built. Early in 1810, Samuel and George Trotter purchased a tract of about 184 acres around the springs from the Mcconnell heirs. They, in 1811, built a gunpowder manufacturing establishment on their new property.

A powder mill operation consisted of several buildings, each dedicated to a single step in the process of making gunpowder. These buildings were widely separated, so that an explosion or fire in one would not cause the loss of the whole works. The technology of the day was little changed from that used centuries before. Saltpeter, sulfur and charcoal were blended (with a little water added to reduce the hazard of explosion) in "stamp mills." These stamp mills contained a series of mortars and pestles, connected by a camshaft that ran the length of the building, to pulverize and mix the raw ingredients. For safety, all the machinery was made of wood, with no metal parts.

Following incorporation, the doughy mix was passed through sieves to produce a given grain size and then dried. Some mills simply dried the damp powder on tables in the sun; others, such as the Trotter operation, had a special "dry house." The dry house was heated by an external oven, the fire very carefully extinguished, and powder brought in in trays to dry in the heat.

The dry powder was then "glazed" by tumbling in barrels to knock off any rough edges on the grains, and then packed in containers ranging from 100-pound kegs down to powder horns brought in by individuals.

In the aftermath of the War of 1812, the demand for gunpowder declined dramatically and most western powder mills ceased operation.

_______________

[NFJ NOTE: Richard Foley's daughter, Amy, married William Roman. Roman was in business with the Trotters, Samuel, George and their father, James. There was, eventually, hard feelings between Elijah Foley and the Trotters. I wonder how this must have affected family relationships of the times.]

LOUISVILLE PUBLIC ADVERTISER, 17 June 1820:

GUNPOWDER - The subscribers have on hand and will be constantly supplied with Roman, Trotter & Co.’s and Samuel Trotter's best rifle powder, in kegs and half kegs, pound and half pound canisters. Bentley & Legrand

No. 1, Prather's Row

______________________________________________________________

RICHARD'S DEATH

Richard died at the age of almost fifty from the effects of measles. His wife survived him for a number of years, but no stones mark their graves. There is a small graveyard which at one time was associated with the Old Republican Meetinghouse, but not part of the church property. In more recent times it was on land owned by Mr. Homer Sutton, and at a later date, Mr. John Neal. It is now owned by Joseph Murphy, an attorney in Lexington. It is now just a thicket bounded on one side by a black tobacco barn and is located just a few feet off of the south side of Man O'War Boulevard, a little east of Clay's Mill Road.

The location of the cemetery is certainly right. In family writings, (author unknown) it is said that "he settled his family by the waters of the South Elkhorn on what is now the Higbee Mill Road in Fayette County. Here on a hill overlooking the Old Republican Church he built his house, still standing (in 1935. On the little stream which skirted this hill he set up a powder mill to manufacture gunpowder which he sold to his neighbors for a dollar a pound."

In the same family writings is stated that Richard "died of the measles in the year 1794 and was buried in an unmarked grave in the little family graveyard near his house." It also states that Richard's wife "survived him some years, dying about 1800 and she now lies buried beside him in an unmarked grave." I have personally seen the tombstone of his grandson, Gabriel Foley who was buried there, and in family writings in 1939,it is stated that Richard's son John (who inherited the house and area around it at his father's death) "resided on his father's old place where he and his wife are supposed to lie buried."

It is my belief that what was thought of as the church cemetery had its beginnings as this Foley family graveyard. Sanford Foley, the great grandson of Richard was said to have diligently cared for the graveyard for years. Again, for a reference point for future generations the graveyard is located behind and across Man O'War boulevard from what is presently the Early Life Childhood Center #2 at 1136 Higbee's Mill Road.

Fayette Co, KY Deed Book 140, p. 362: Warranty Deed [abstracted]
Ailsie Sutton
to}Deed
J. H. Sutton

Acknowledged: 27 May 1905
Recorded: 14 Aug 1905

This indenture made and entered into this 27th day of May 1905 between Ailsie Sutton, a widow of Fayette Co - party of the first part, and J.H. Sutton of Fayette Co KY - party of the second part... For sum of one dollar ($1.00) cash in hand paid, receipt whereof is hereby acknowledged and the fees the consideration of the payment by second party to first party of the sum of twenty-five hundred and eighty dollars ($2580.--) payable in three equal installments in two, three, and five years from this date as evidenced by second party's promissory note, with lien retained on land conveyed to secure payment...

All that tract or parcel of land in the County of Fayette and State of KY, located about five miles from Lexington, KY near Republican Church and described as follows... Beginning at a corner of said Church lot and Thomas Foley, running thence with the line of said lot and Rankin Clemmons, S 67o 55' E. 878 13/100 feet to a stone corner to Robert Clemmons, Sr.; thence with his line S 19o 19' W 2066 46/100 feet to a stone, corner to the same and Thomas Foley; thence with his line N (?) 67o 31' W 1016 4/10 feet to a stone corner to same; thence with the same N 23o 8' E 2092 55/100 feet to the beginning.

There is, however excluded from this conveyance two acres of land off the same tract heretofore conveyed to second party by first party as appears of record in Deed Book 113, page 228 of the FC Clerk's office. ==> Also the family grave yard containing about one third of an acre,<== leaving a balance conveyed by this deed of 43 acres of land. It being in all respects the same property conveyed to first party by Rankin Clemmons on the 18th day of March 1896 as appears of record in Deed Book 108 page 92 FC Clerks Office.

Witnessed by: D.C. Hunter (?) and O.J. Phelps (?)

_______________

FAYETTE COUNTY, KENTUCKY, VOL. 5 (letters in lower case are "BURNT RECORDS" VOLUME 5 assumed to be missing letters.) p. 168-9:

CRAIG
TO DEED
FOLEY

This indenture made the 14th day of June in the year one thousand seven hundred and ninety one between Elijah and Franky Craig his wife of the one part and Richard Foley of the other, witnesseth that the said Elijah Craig and Franky his wife for and of the sum of fifty pounds lawful money of Virginia the receipt whereof said Elijah Craig and Frankey his wife doth hereby acknowledge they bargained and sold unto the said Richard Foley and by these presents confirm and deliver a certain tract or parcel of land it be military survey situate and lying on the waters to a buckeye hickory and Lying _______________ thence with a line of the same south seventy ___________________________ with all its appurtenances thereunto belonging to have and to Hold _______unto the only and proper use and behalf of him the said Richard Foley his heirs and assigns forever and the said Elijah Craig and Frankey his wife for Themselves shall and will warrant and defend by these presents the said one hundred fifty four acres of land with its appurtenances and whatsoever to _________ doth or may hereafter appertain touching or respecting any profit or interest_____

Themselves to warrant and defend the same from the claim or claims of

us or our _________ery person or persons whatsoever unto the said Richard Foley his heirs and assigns witness whereof we have hereunto set our hands and seals the day and date first above mentioned.

Delivered
Elijah Craig _s (seal)
Frances Craig ss (seal)
Fayette County June Court 1791

This indenture was produced in court acknowledged by Elijah Craig party thereto and a true copy is _____________ to be recorded.

teste. Levi Todd

______________________________________________________________

INFORMATION CONCERNING RICHARD FOLEY

Our references for Richard Foley, son of Henry and Amy Coffey Foley are as follows:

Richard Foley's bible at that time was owned by Elmer Ulysses Smith of 128 Rosemont Garden, Lexington KY. Wm. Foley was able to borrow it some years ago and copy the material from it. He said that Mr. Smith is leaving it to his grandson at his death.

Enclosed is some more information on Marrs family for you to keep. In 1934, Mrs.Jennie [/Jannie] Berkley [/Barkley] was supposed to have in her possession a "Book of Family History: written by John Marrs in 1862 [83 years after Richard and family came to KY from VA.]

On page 2 of the attached material, John Marrs and his 2nd wife, Juretta Cravens had a daughter Jane Marrs who married Talbert Berkley [/Barkley]. They had one child - John Berkley. This "Jennie Berkley" could be the widow of John Berkley and might still be living. I have not had any luck finding her or it.

2 AUG 1780 Bk.1, p. 82-200 A.-DIX RIVER-200 ACRES-ALLLEN'S SPRING (WITHDRAWN)

27 MAY 1782 Bk.1, p.267-200 A.- DIX RIVER

1789 FC KY - TAX LIST:

Richard Foley [name appears for first time]

1790 FC KY - TAX LIST:

Richard Foley, FC KY No twp listed

1791-14 JUN - 154 A. ON SOUTH ELKHORN PURCHASED FROM ELIJAH AND FRANKEY CRAIG

 

 

1795-JANUARY - WILL OF RICHARD FOLEY PROBATED (PARTIALLY DESTROYED IN COURTHOUSE FIRE)

With a family, he needed a place to live. Had he purchased land before this date? Possibly that deed was totally destroyed by the courthouse fire. According to the tax list, the 154 acres is the first land he owned in Fayette. This is the same land which he owned at the time of his death in 1794/5. He left his wife 100 acres (for her lifetime with eldest son John in possession of the house and plantation), and 54 acres to his second son, Elijah.

[MARGARET] "WIDOW" FOLEY - 100 ACRES

MARGARET FOLEY - 100 ACRES

Margaret not listed. . .

John [son] shows 100 acres [inherited by him at his mother's death as per Richard's will. Therefore, we can assume that Margaret Wilson Foley died sometime in 1801 at approximately age 55.

What was at one time the old Republican Church is, at the present time (1996), the Trinity Pentecostal Church. The address is 1280 Higbee's Mill Road. This land was given/deeded for the "special purpose of a meeting house to be open at all times and used by all denominations of Christians as a place of worship", and, as I understand it, must always be thus. [see the deed from Richard Allen, dated 1822.

Copies of Prewitt Breeze's correspondence to me are included in this writing.

______________________________________________________________

GUNPOWDER ADVERTISEMENTS 
CONCERNING FOLEYS

KENTUCKY GAZETTE:

27 April 1793 - Richard Foley has gunpowder for sale at his gunpowder mill on South Elkhorn Creek about six miles from Lexington."

("KY GAZETTE Abstracts" by Karen Mauer Green, p. 72)

11 May 1793 - Richard Foley has " for sale a quantity of powder... of superior quality, by the large or small quantity, at 3s9 per lb. with an allowance to those who purchase a large quantity."

(KY GAZETTE, 11 May 1793; "Bluegrass Powdermen" by Gary A. Odell in KHS The Register Vol. 87 # 2, p.102)

**** (Richard died 1-1/2 years later) ****

1797 -23 or 24 Jun - Elijah Foley, second son of Richard advertised that he "has powder for sale."

(Ibid. p. 188)

1799 - 25 Dec - Elijah Foley advertised that he " has powder for sale at George and Samuel Trotter's store in Lexington."

(Ibid. p. 251)

1803 - 1 and/or 8 Nov 1803 - Richard's eldest son John advertised, "Making gunpowder at South Elkhorn at 2 shillings per lb. if 25 lbs. are taken."

("History of Pioneer Lexington, KY 1779-1806" by Charles Staples, p. 198; "Bluegrass Powdermen" by Odell, p. 102)

1804 - 21 Feb - John Foley announced that he "has on hand gunpowder at his mill at s. Elkhorn - 5 miles from Lexington - or at Lewis Saunders Store in Lexington."

(Ibid., Staples, p. 204; Ibid., Odell, p. 102)

1815 - 17 Apr - "A notice appeared in the KENTUCKY GAZETTE stating that the trustees for Elijah Foley cautioned the public not to deal with him due to his insanity. The Foley mill ceased operation."

[NFJ NOTE: I have a theory on this...Diabetes shows up in the Foley family...my father had it and my sister and I have it...Could it be that Elijah Foley also had it? He is a direct ancestor of mine - and could the disease in addition to possibly consuming alcohol, in addition to not knowing what was wrong and what to do and not do, have been showing up as bouts of "insanity" when it might have been the irrational behavior associated with blood sugar that is out of control?]

("Bluegrass Powdermen" by Odell, p. 109)

1819 - William Roman, Richard Foley's son-in-law, principal partner in partnership with George Trotter Jr and his son-in-law, John Tilford in Eagle Powder Mills on Nicholasville Road near Higbee Mill Road.

("Bluegrass Powdermen" by Odell, p. 109-110; KENTUCKY GAZETTE 14 May 1819):

Fayette Co. KY Burnt Records Book 7 pp.23-25

______________________________________________________________

WILL OF RICHARD FOLEY

(Attested - January Court, Fayette Co, KY 1795)

THIS IS MY LAST WILL AND TESTAMENT hereby RESIGNING THAT IS TO SAY FIRST AND PRINCIPALLY MY SOUL TO GOD WHO GAVE IT IN HOPES OF A LONG HEREAFTER AND MY BODY TO BE DECENTLY BURIED and that MY EXECUTORS TO BE HEREAFTER NAMED AND AS TO WHAT IT HAS PLEASED GOD TO BLESS ME WITH I DISPOSE OF AND FROM FOLLOWING TO WIT: ________ _________ THAT IS MY WISH AND DESIRE IS THAT MY JUST DEBTS AND FUNERAL CHARGES BE PAID AND THEN OUT OF MY ESTATE _____________ THEN I LEAVE TO MY LOVING WIFE MARGARET FOLEY THE HOUSE AND PLANTATION WHERE I NOW LIVING CONTAINING ONE hundred _[fifty four ?]__ ACRES MORE OR LESS WITH ALL THE STOCK, FURNITURE AND FARMING UTENSILS DURING HER NATURAL LIFE OR AS LONG AS SHE REMAINS MY WIDOW, BUT IF SHE SHOULD MARRY AGAIN, MY DESIRE IS THAT MY WIFE MARGARET SHOULD HAVE ONE THIRD PART OF MY REAL AND PERSONAL ESTATE AS LONG AS SHE LIVES TO BE DISPOSED OF AT HER OWN DISCRETION, TO MY CHILDREN AS THEY COME OF AGE (21), I GIVE AND BEQUEATH TO MY SON ELIJAH 54 ACRES OF LAND OFF THE SOUTH END TO BE LAID OFF IN SUCH A MANNER AS TO INCLUDE THE BIG SPRING AND THE BRANCH TO HIM, HIS HEIRS AND ASSIGNS FOREVER. THEN I GIVE AND BEQUEATH TO MY SON-IN-LAW JOHN HENRY AND HIM A _______________________ WHICH ____________ HER DEATH TO HIM, HIS HEIRS OR ASSIGNS FOREVER. MY WILL AND DESIRE IS THAT MY son John who after ONE YEAR IN POSSESSION OF THE HOUSE AND PLANTATION, it be required of HIM THAT HE PAYS TO MY SON WILLIAM FOLEY TWENTY FIVE POUNDS WHEN HE COMES OF AGE, THAT HE PAYS TO MY SON RICHARD FOLEY TWENTY FIVE POUNDS WHEN HE COMES OF AGE, THAT HE PAY TO MY SON DAVID FOLEY TWENTY-FIVE POUNDS WHEN HE COMES OF AGE; BUT, IF MY SON JOHN FOLEY SHOULD DIE BEFORE HE COMES OF AGE THEN IN THAT CASE MY WILL AND DESIRE IS THAT THE HOUSE AND LAND SHALL PASS TO MY SON __[ELIJAH ?]__ BY HIM PAYING UP THE REST OF HIS BROTHERS BEFORE MENTIONED.

MY WILL AND DESIRE IS THAT WHEN MY SON JOHN _______ YEARS IN POSSESSION OF THE HOUSE AND PLANTATION THEN he pay TO MY DAUGHTERS MARY FOLEY AND AMY FOLEY TWENTY FIVE POUNDS EACH AND TO MY DAUGHTER MARGARET FOLEY TWENTY FIVE POUNDS WHEN SHE COMES OF AGE ____. I DO CONSTITUTE AND APPOINT MY LOVING WIFE MARGARET AND MY SON ELIJAH FOLEY AND MY SON-IN-LAW JOHN HENRY EXECUTORS OF THIS MY LAST WILL AND TESTAMENT REVOKING AND MAKING VOID ALL OTHERS.

RICHARD FOLEY

WITNESSED BY: ABRAHAM BOWMAN, EDMUND BRYAN, JOHN HIELLER

[This was copied from the old Fayette Co. records which were partially burned, accounting for the missing words which were left blank if unknown and filled in in lower case letters when they were thought to be known by the reader, William S. Foley, Sr.]

______________________________________________________________

PERTAINING TO THE CEMETERY BEHIND 
THE FORMER OLD REPUBLICAN CHURCH

(Now Known as Trinity Pentecostal Church in 1990)
1280 Higbee's Mill Road
Lexington, Kentucky

[NFJ NOTE: The cemetery (not deeded, but I believe was originally a family burying ground which later became the neighborhood burying ground) is located on a hill quite some distance from the back of the church. It was on property owned by Mr. John A. Neal whose plumbing business was located nearby. It is now [1997] owned by Joseph Murphy, an attorney in Lexington. The cemetery is entirely fenced off and contains only two cut stone markers but many upright fieldstones which I presume are also grave markers since they are usually found in groupings of two...a foot and head stone. There are approximately thirty or so graves (estimation) marked in this fashion, with space for many more. The graveyard is just across a fence from the side of a tobacco barn (to the right of the cemetery from the road) on what

was at one time, the property of Mr. Homer Sutton [1971].

______________

(1997 NOTE):

The cemetery is still on land belonging to Mr. Joseph Murphy although all of the land lying around it has been subdivided, having been sold in lot size parcels. Authorities, including the Environmental Protection Agency in Frankfort, KY have been notified of it's location. The most elaborate marker was that of a child, son of Mr. & Mrs. Turpin. He died at the age of one. His footstone was intact and standing until the subdividing began. The other cut stone marker was that of Gabriel Foley, son of John and Jane (Roberts) Foley and grandson of Richard and Margaret (Wilson) Foley who settled on that land 1789 after having helped settle Bowman's Station (1779-1787). His stone read:

"Sacred to the
Memory of
Gabriel Foley
Who was born May
the 11th. 1816
and departed this life
September the 5th. 1838
in the 23rd. year of
his age."

His footstone reads:
"G.F. 1838"

[NFJ NOTE: I probed for sunken markers that might have fallen over and gotten buried by time, but only field stones were found. Apparently the other stones were either broken beyond recognition, carried off or are still buried.

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[NFJ NOTE: In 1989 in a conversation with my mother, Mrs. Fain [deceased, 1997] who grew up and lived in the South Elkhorn area, told of having recently seen a tombstone with the name "Turpin" on it lying against the curb along the side of Man 'O War Boulevard. Either vandals had been at work or construction crews working on the subdividing of the land were attempting to get rid of evidence that a graveyard had ever been located there.

Richard Foley purchased the land in 1791 and died at his home [1794] very close to what became the location of the cemetery. This leads me to believe that, from it's location, the cemetery originally was a Foley cemetery and that Richard might have been the first buried there, given the time of his death which was early in the settlement of this area. At least one of his grandsons, Gabriel, son of Richard's son John was buried there, as probably were all of John's family and other members of the family. The cemetery was later possibly used by those in the immediate area since it was directly behind the Old Republican Church. I have talked to the minister of the present day church occupying that building and he assured me that the church did not own land that contained a graveyard. A graveyard is mentioned in one of the Sutton deeds that covers the area adjoining the Sutton-Foley house. To my father's knowledge, a Foley always took care of the cemetery. In more recent times (ca. 1910's - 1930's that task fell to Sanford Foley, grandson of William (s/o Richard).

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RICHARD FOLEY'S LONG RIFLE

In November of 1993, I received a letter from Joel McClure of Eugene Oregon in which were enclosed pictures of the "Richard Foley Rifle", which he describes as being 5 feet 3 in long. Family tradition states that the rifle had been shortened, but an expert Joel had consulted doubted that statement and stated that often a temporary barrel extension was fitted during loading. The long rifles were made for individuals and, when loading them with the butt of the rifle on the ground and the rifle was standing in front of it's owner for loading, it came approximately to approx. the end of that person's breastbone. Joel estimated that Richard might probably have been 6 foot 1 or 2 inches tall.

There is more family tradition that the rifle was converted from flintlock to ball and cap. Joel's theory is that the brass plates behind the trigger guard must be where the repair was made. There is a long crack in the wood under the barrel and the inscription reads:

C. BIRD & CO.
PHILAD.
WARRANTED

Joel's father was able to discover that C. Bird was manufacturing rifles prior to 1790. The wood of the stock (which has darkened over use and the years) appears to have a tiger-like grain pattern.

 

Owensboro [KY] MESSENGER-INQUIRER, "Kentucky Portraits" [n.d.] p.52:

"Bartender, There's Gunpowder in my Whiskey"

Before there were any scientific methods to test the alcohol content of whiskey, early distillers used to put gunpowder in their product and ignite the mixture. If it burned to their liking, the whiskey had been 'proved'.

[Filson Club] -From the first Kentucky corn harvest in 1775 until the present time, distilling of whiskey has been an important ingredient of the state's economy.

Corn was the staple crop for the early settlers, but had little cash value unless it was distilled into whiskey, which served as one medium of exchange. In the beginning, corn was as important to KY as tobacco had been in 18th century Virginia or cotton would become in the Deep South.

Since Kentuckians could not ship grain because of the mountain barrier and lack of transportation routes, nor south because the Spanish controlled the Mississippi River below Natchez, they put together their knowledge and the crude equipment they possessed to distill their corn into whiskey. A pack horse could carry only four bushels of corn as grain, but as many as 24 bushels after the conversion to whiskey.

Three Kentucky distillers...Calk, Ritchie and Pepper pre-date the year 1783, the year given by Reuben Durrett in The Kentucky Centenary (1893) as the time when the first whiskey was distilled in KY. By 1790 distilling firms had proliferated. KY distillers refused to pay the 1791 excise tax that the US government had placed on whiskey and distilleries. In 1800 the tax was collected and continued until repealed in 1802. This tax revived to assist in paying for the War of 1812, ended in 1817. There was no federal excise tax on distilled spirits until 1862 when it was set at 20 cents a proof gallon and came under the jurisdiction of the IRS.

It reached a high of $2 a gallon during the Civil War, but was reduced to 50 cents per gallon in 1868. By 1810, Kentucky had approximately 2,200 distilleries operation in the state, producing 2.2 million wine gallons annually.

Early distillers used the age-old methods of their forebears from Scotland and Ireland to produce their whiskey. Grains, corn, rye, and barley were ground and the meal was mixed with water or spent beer from an earlier run to produce sour mash. The mixture was scalded in tub or vat, then stirred with a paddle. It was left overnight to ferment, and to the cooled, cooked grain was added malt, or germinated grain, which converted starch to fermentable sugar. Yeast was added and the mix was left to ferment 72 to 96 hours.

When fermentation was complete, the mix was called beer or wash.

It was placed in a still, often copper-lined over an open fire to be distilled. The first distillation to be condensed through the "worm" - a twisted copper pipe or even hewn-out log__ was known as head or foreshots and had to be boiled again to eliminate impurities...the same process used for the end of the run, called tails.

The worm spigot discharged a clear liquid that was 140 to 160 proof if the run was successful. Before the 1830's, distillers had few, if any, scientific instruments to determine the proof or strength of their whiskey. Instead, they mixed an equal amount of whiskey and gunpowder and applied a flame. If the powder failed to burn, the whiskey was too weak; if the flame burned too brightly, the whiskey was too strong; but if the flame was blue and burned evenly, the whiskey was said to have been proved...Hence the term "proof" was an indication the whiskey was drinkable in its best form...half alcohol and half water. The proof of the whiskey determined both its soundness and after 1862, the amount of federal excise tax the distiller paid on the whiskey. The excise tax applied only to the alcoholic content.

© Nancy Foley Johnson
1 December 2003

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