History Notes is a biweekly entry in the Sun Rise that features a passage from the Johnston Historical Society. This week’s story comes from November 2013. The first half of this entry appeared in the March 26, 2020, edition of the Sun Rise.
Thus, John and Lydia Viall and their family now moved into the David Brown house and estate.
This is proven by a mortgage deed taken out by them with James Aborn of Providence on Feb. 27, 1806, in the same amount of $525: “One certain lot … and is the northerly part of the Homestead Lot or farm whereon the Grantors now dwell and adjoining the land where the house stands … and contains the just quantity of 16 acres …” (J 2/433). It should be noted that this mortgage deed did not include the house or all the land, just 16 acres of the approximately 24 acres on the north side of Morgan Avenue.
This mortgage was a harbinger of thing to come and indicates some financial problems. The above mortgage was read on May 12, 1806, and immediately on the same day (for $600), the same parcel was re-mortgaged again to James Aborn. This mortgage deed again excluded the house and its lot, but also leaves out “… the burying ground on said trace included 1/4 acre of land which present graves are to be in the center …” (J 2/442). It is to be assumed that some of the Browns and Vialls were interred in this cemetery. This mortgage was discharged on Sept. 27, 1810.
The next transaction indicates how the Vialls paid off this mortgage and further points to financial woes. On Sept. 22, 1810, they leased out their farm to neighbor Christopher Harris, for the amount of $910, which was already paid to them. The lease was to run for a term of seven years, from April 1, 1811, to April 1, 1818: “… have leased & farm let to him the said Christopher Harris … all the homestead farm of John & Lydia … whereon the said John & Lydia Viol now live and is the same whereon the late David Brown lately lived …” (J 4/89)
Unfortunately, there is no record of whether this lease ran its full course or was cut short. It would seem from this document that the Vialls had to vacate their house and homestead, and this is confirmed by a Town Council meeting of June 24, 1811. The house in question was located at a fork in two important roads in town, the Plainfield Turnpike (part of Morgan Avenue and School Street) and the Scituate Road (the part of Morgan Avenue west of the house). The house at 69 Morgan Ave. was almost always designated as a starting or ending point for the area’s highway district.
For almost 40 years, the records indicate this house as belonging to David Brown; in 1801, the house is mentioned as belonging to John Viall, and in June of 1811, the house at the forks in the roads is occupied by Christopher Harris. This means that the Vialls had to vacate the premises, but where did they go? The answer seems to be that the family moved to North Providence. On April 29, 1811, just a couple of weeks after the lease on his house began, John Viall purchased from Oliver Williams (also of Johnston) property in that neighboring town of North Providence.
All in all, this was a very tough time for the Viall family, for not only was the family uprooted, but there was also tragedy. Their two daughters died within a week of each other, Sarah on June 8, 1811 (at age 23), and Mary Ann on June 17, 1811 (at age 20). Sarah was still basically a newlywed, having married Russell Fenner of Cranston on April 13, 1809. Their daughter Emeline B. Fenner was born on March 24, 1811, just a few months before her mother’s death.
A deed transaction of March 9, 1814, is vitally important to the story of the Vialls. On that day, “Lydia Brown, late wife of John Viol,” gave to her son John B. Viall “… for love & good will … one certain piece of land on the north side of the road leading from Providence to Plainfield, with the dwelling house thereon … and is all the land I own on the north side of the road except that which was mortgaged to James Aborn & excepting the burial ground; also three lots on the south side of the road …” (J 5/255). It seems that the Vialls must have at least at this point dissolved their marriage, for the deed refers to Lydia Brown, not Lydia Viall, and also states that she was the “late wife of John Viol.” This clue led to court records (Able supplied by Andrew Smith of the Judicial Records Center), and sure enough, the Vialls did in fact end their marriage.
At the State Supreme Court March Term 1813, it was recorded that Lydia Viall made petition of divorce against John Viall, but the petition was not granted. She tried again at the September Term, 1813: “Lydia Viol the wife of John Viol of Johnston, butcher, respectfully represents that about 30 years ago she intermarried with the said John under a hope of enjoying with him all the happiness arising from the marriage state – that in this respect she has been sadly disappointed – that she has faithfully & affectionately fulfilled all her engagements to the said John, and at all times sought to contribute to his wealth, his comfort & his happiness – that the chief & only reward for her attentions and sacrifices has been gross neglect and virulent abuse and a pursuit of such courses as seemed calculated with certainty to waste his estate, reduce himself & family to disgrace & ruin & make their situation comfortless and miserable – that he has neglected his wife & family, dissipated the property left by her father, treated her with cruelty… refused to support your Petitioner & has thrown upon her the burden of supporting their family, and furthermore has been guilty of other gross misconduct & wickedness …”
The gross misconduct referred in part to John Viall riding his horse up to Foster, R.I. on several occasions to meet up with a certain Sally Rowse. This woman, who was described as being of a “lewd” nature, was living with the Herrenton family. It was testified that Viall, on at least a few occasions around July of 1812, met her at the Herrenton house, and had conversations with her. It seems that they would afterwards meet in the woods near the house, being careful not to enter at the same time, and that after about an hour, Sally would return to the house alone.
One member of the Herrenton family stated that Viall claimed that he had left his wife at this point; Catherine Herrenton stated that she saw the two involved in “improper conduct” on a bed inside a bedroom of the house; furthermore, she testified that Sally admitted, “He has given her money and the reason why he gave it & for what.” I will not relate what was exactly seen in the bedrooom, for it was quite scandalous.
The divorce was granted: “… It is ordered and decreed by this Court that the Prayer of said Petitioner be granted that the bonds of matrimony subsisting between the said Lydia and her said husband be dissolved & annulled …” Unfortunately, the date of this decree is missing, but it had to have been at least 1813 or very early 1814. Apart from the seemingly certain case of infidelity, of equal import is the fact that John Viall either could not or would not support his family, and in fact led all into financial ruin, even putting in jeopardy the fine estate left by his father-in-law. All this makes one wonder if John Viall suffered from what we today would refer to as Post Traumatic Stress Syndrome, the result of his war service; I believe it is a compelling case.
After the divorce from Lydia Brown, John Viall removed to North Providence, probably to the lot of land referred to earlier. When he was interviewed as part of his Revolutionary War pension application in April of 1818, he stated that he was a resident of North Providence. He made a declaration in 1820, that he was a resident of that same town, was 64 years old, and that he was a butcher (one of his last Johnston deeds also calls him a butcher).
He further stated that his wife was 41 years of age (name not given), making her 23 years his junior, and that they had four children; Eliza (age 15), William (age 13), Anthony (age 8), and James Madison (age 6). The reading of his will indicates that only James Madison Viall was his actual offspring. Viall does not appear in the 1820 Census, which indicates that he was living in someone else’s household, but he is enumerated as head of household in the 1830 Census. In the article quoted in our previous newsletter, authors David Chacko and Alexander Kulcsar state (pg. 387) that by 1823 John Viall had become partially disabled by a stroke.
Viall drew up his Will on Oct. 28, 1830, and it was witnessed by Barbary Anthony, George Read, and Samuel Ward King of Johnston (who about 10 years later would become Governor of Rhode Island). The will stated that he was a resident of North Providence. Firstly, he left his daughter Mahitable Tyler Viall the lot of land he owned in the North Providence section of Olneyville. He left his wife Betsey Viall the rest of his real estate and his personal estate. After the remarriage or death of his wife, his son James Madison Viall was to receive the real estate assigned to her. In addition, he gave to daughter Mahitable $100, and after the death or remarriage of his wife, all the household furniture.
He did not forget the family from his first marriage, to Lydia Brown, but it may have been done in an insulting manner – he left both to his eldest son John B. Viall and his grand daughter Emeline B. Fenner the amount of $1 each. He nominated as sole executor, “My friend Samuel W. King of Johnston”; however, King refused the assignment for some reason and William Sheldon of Providence was appointed in his stead. North Providence town records show that a Mahitable T. Viol married Albert C. Allen on June 7, 1839; her gravestone indicates that she was born around 1822, and died Aug. 27, 1869. As to the wife, her stated name was Betsey Viall; is it possible that a small error was made, and that she is the same person as the “lewd” Sally Rowse. Could “Sally” have been a nickname for “Betsey,” or vice versa?
In any case, John Viall died at North Providence on Dec. 18, 1831, at 75 years of age. Once again, with this person there is controversy and questions. Though he died in North Providence and his family lived in that town, he is buried in Johnston Historical Cemetery No. 21, the large Borden/King burial ground off Hartford Avenue.
He has no direct family in this cemetery as far as is known, and the when, how, and why he ended up here is unknown for sure. The explanation may be that his friend and proposed executor, Gov. Samuel Ward King, is also interred here, and allowed Viall to be buried in the King family cemetery for some reason. It is just another enigma surrounding this person.
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