Lost & Found: James Kay and Thomas Berry

Dave Gilbert of the Simon Kenton Chapter, Kentucky SAR, after he and Stuart Martin found Private Kay's headstone lying flat under the snow. (Stuart Martin)

The grave stones of Revolutionary War veterans are remarkable things. Many of them are the last tangible vestiges of men who played a role not only in creating the United States but also in proving that governments dedicated to freedom and republican government can last. Sadly, many of them are long gone, and with them the last physical connection with the men who lie beneath them. In Boone County, Kentucky, Dave Gilbert and Stuart Martin are doing what they can to preserve or replace the markers that remain.

James Kay enlisted in the 8th Virginia on February 20, 1776. This was four days after someone named John Kay enlisted in the same company. Recruiting and enlisting were family and community affairs in those days. John may have enlisted and then talked James into joining him. John was promoted to sergeant and then became an officer, so he was almost certainly older—probably James’s brother, but maybe his father, an uncle, or a cousin. James was only seventeen.

They enlisted in Capt. Thomas Berry’s Frederick County company. Surprisingly, however, James attested later that he enlisted in King George County. Yes, it is ironic that a rebel soldier lived in “King George” county, but the county was named after King George I, who ruled from 1714 to 1727, not his great-grandson, George III. That, however, is not why the enlistment is surprising. Captain Berry, Lt. John Jolliffe, and two other officers were appointed by the local committee of safety to raise  their company in Frederick County, which surrounds the town of Winchester. Kay lived almost a hundred miles away. Frederick County sits west of the Blue Ridge in the lower (northern) Shenandoah Valley. King George County sits in the Virginia Tidewater between the Rappahannock and Potomac rivers east of Fredericksburg. They are a long distance apart, especially by horse. Like all historical oddities, however, there is an interesting explanation.

Private Kay's original headstone. Kay was wounded at the Battle of Brandywine. (Stuart Martin)

Captain Berry grew up in King George, at the family plantation known as Berry Plain. Like so many others, his great grandfather had come to Virginia in 1650 as an indentured servant. From that humble start, the family did well. Berry Plain was built about 1720. Thomas and his older brother Benjamin moved to Frederick County sometime before the war and settled near Battletown, the tavern village famous for street brawls sometimes featuring future general Daniel Morgan. Berry Plain is still standing, has been restored, and was up for sale in 2007. (Some of the plantation’s valuable and ancient boxwoods were sold to Colonial Williamsburg in the 1930s, providing much needed funds to “save the farm.”)  Battletown, meanwhile, is now known as Berryville and is the county seat of Clarke County (created in 1836).  ​​Benjamin is recognized at the town's founder.

​When Berry and Jolliffe were appointed by the Frederick County Committee of Safety, they had recruiting quotas to fill. It appears that Berry's ties to King George County were still so strong that he made a trip home to recruit among his old friends and neighbors. That, at any rate, would explain Kay’s enlistment. Berry’s company was assigned to the 8th Virginia Regiment, which was brought south into the Carolinas in the spring of 1776. Berry and Kay were present in Charleston for the Battle of Sullivan’s Island, though most 8th Virginia men were not in combat. We know Private Kay was at Sunbury, Georgia that summer when many of his comrades succumbed to malaria. Having grown up near the Chesapeake, he may have had some resistance to the mosquito-borne disease. The soldiers were given furloughs after returning to Virginia that winter and then marched to Philadelphia where they were inoculated for smallpox. Lieutenant Jolliffe was quarantined with smallpox that spring in Winchester, either naturally contracted or from inoculation, and died from it.)

Berry Plain, built when Thomas Berry's grandfather was still alive about 1720, still stands in King George County near the Rappahannock River. This was Captain Berry's childhood home. Though now surrounded by development, it has been nicely restored and retains many of its centuries-old boxwoods.

In September 1777, Kay saw his first serious combat at the Battle of Brandywine. He was “badly” wounded in his right hand. A musket ball seems most likely. The wound was serious enough that Brig. Gen. Charles Scott gave him a furlough to go home and recover. He returned to Battletown and spent the winter there while the rest of the regiment went into winter camp at Valley Forge. Kay's hand healed, but he was partially disabled for the rest of his life. His colonel, Abraham Bowman, also went home (to Strasburg) on furlough. “Soon after he was so recovered as to return to his company,” Kay's pension application says, “his two years expired & he was discharged in Virginia by Col. Abraham Bowman which was in the spring of the year 1778.”

After the war, thousands of Virginia veterans moved to Kentucky. Kay settled in Fayette County, named for the Marquis de Lafayette. By 1826 he lived in Boone County, named for Daniel Boone, but since Boone had originally been part of Fayette that doesn't necessarily mean he moved. He applied for a veteran’s pension in 1833 to supplement a wounded veteran’s benefit he was already receiving and died soon after. He was buried at Salem Baptist Church, then a log church built by a congregation formed in 1827. The church has since been known as Salem Predestinarian Baptist Church and as Salem Creek United Baptist Church.

With the 250th Anniversary of the Revolution approaching, the Simon Kenton Chapter of the Sons of the American Revolution are working to compile a complete list of Patriot graves in their area, matching pension records with cemetery records. They are visiting each grave to confirm its existence and note its condition. Stuart Martin and Dave Gilbert have been leading the effort and have been at it since the start of the year. Stuart notes the project is sometimes challenging, especially when “graves have fallen into disrepair, or they reside on private property with access prohibited, or the family cemetery and the headstones are sadly lost to eternity.”

Captain Berry is believed to be buried at The Briars.

They found Private Kay’s marker intact but lying flat on the ground in the Salem Baptist Church cemetery. Because the stone is worn and hard to read, they plan to replace it with a new one. The ground is frozen, however, so they are leaving it alone until after the ground thaws. For now, they are working on the application for a government-issued headstone and searching for relatives who might attend a ceremony this summer or fall. If you are a descendant or relative of James Kay, please reach out to the Simon Kenon Chapter, SAR.

Captain Berry, according to genealogies, is buried at "The Briars" outside Berryville. This farm has a long history and now functions as an agricultural cooperative. A call to the cooperative revealed that the current occupants have never seen the grave or even a graveyard on the property. It seems Berry's is one more Patriot grave that, in Stuart Martin's phrase, "is sadly lost to eternity."

Read more: "The Stamp Act and Captain Berry"

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