The Execution of Sarah Kirk, 1787

On a spring evening in 1787, the quiet countryside of Christiana Hundred, Delaware, was shattered by the cries of a violent quarrel. Inside a small farmhouse, Sarah Kirk and her husband, James, exchanged blows that would end with his death and her eventual execution. Their tragedy, preserved in court papers and a few newspaper columns, reveals not only a tale of domestic turmoil but also the harsh realities of eighteenth-century justice. The testimonies of neighbors, coroner’s reports, and court records help us begin to piece together the illusive story of the Kirk family.

Sarah Kirk vs. Delaware State

According to the court case, Sarah Kirk beat her husband James Kirk, a yeoman, on 15 April 1787, and he languished until he died on 16 April. A coroner’s inquest was conducted, and the coroner examined Elizabeth Furguson, Josiah Anderson, John Dawson, Henry Debarger, and Joseph Gordon.[1]

Elizabeth Ferguson reported that she was traveling from Lancaster County, Pennsylvania, three weeks prior when she came to James Kirk’s house in Christiana Hundred, New Castle County, Delaware. She became sick and had to stay. During her stay, Sarah Kirk and her husband James frequently fought, including striking each other. On Sunday, 15 April, John Dawson of Wilmington came to the house and had rum with James. Once again, Sarah and James began quarreling and hitting each other. James hit Sarah and Elizabeth, then Sarah hit James on the head with a stone. Charles and Josiah Anderson carried James Kirk into the house, and Sarah drove them out “by calling them hard names.” Sarah then took a thick hickory stick and began beating James with it. Elizabeth tried to stop her, but Sarah threatened her.

Josiah Anderson reported that he and his brother were walking beyond Kent Road near sundown when Sarah Kirk called them to help carry her husband, James, into the house. He was lying by the door. They carried him in, and Josiah warned Sarah against continuing to beat her husband.

If she continued abusing him in that manner, she would put an end to him. She replied that she wished she had put an end to him seven years ago.

James muttered something unintelligible when he heard her. Sarah began to beat him with a hickory stick, and Josiah tried to prevent her. The brothers managed to pacify her, then left the house. They met two other men and returned to the house with them to see Sarah again beating her husband with the stick. They went to get Squire Broom.

John Dawson reported going to the paper mill that day, meeting James Kirk, and then sharing some rum. He left when the couple began to quarrel.

Henry Debarger and Joseph Gordon reported that they were walking home from Wilmington near sunset that evening and met Josiah and Charles Anderson. The brothers told them that James Kirk’s wife had cut his head with a stone. They heard the noise and went to the Kirks’ house to see Sarah beating her husband with a large stick. Henry Debarger tried asking her to desist, but she kept beating James. So, they went to get the constables. Constable Sampson Bennett sent them to the county constable, Absolam Scott, who then took them to Jacob Broom, Esquire. He then sent the constables and John Betson to get Sarah Kirk.

Sarah Kirk was accused of treason and murder. She was tried by an all-male jury. The case records listed all the witnesses and jurors. Records like this listing multiple names in association with your ancestor are good for FAN club research.

Sarah Kirk, widow of James Kirk, late of Christiana Hundred in New Castle County, was tried on 6 June 1787 and again on 8 October that same year. The first time, one of the jurors had not been sworn in, so they had to hold the trial again.

The session docket was the order of execution by hanging, issued on 8 October 1787.[2]

Newspapers

In December, there was the announcement that she had been executed on the Wednesday before (12 December 1787).

Not only were these newspaper announcements clues for finding the original court records, but they also revealed the execution date, which the court records did not.

The clue for these court records came from newspapers. Any newspaper database, such as Newspapers.com, GenealogyBank, Chronicling America, or OldNews, can be searched by entering an ancestor’s name. Search results can also be narrowed by selecting a place and/or time period.

Piecing Together The Family

James Kirk’s estate papers revealed that he had died intestate, which makes sense considering he was murdered. No minor children were listed. One of the estate papers listed Kirk Kirk as James’ next of kin but does not state a relationship. The probate proceedings lasted from 1787 to 1791.[5]  Sarah Kirk had no goods, chattels, land, or property. The court records listed no other relatives of James and Sarah Kirk.[6]

James and Sarah likely married no later than 1780, based on Sarah’s comment about wishing she’d killed James seven years prior. A search for children of James and Sarah Kirk in Delaware was negative. Baptismal records listing James Kirk as the father were found at the Old Swedes’ Church in Wilmington, Delaware, but many years earlier. The mother was listed on these baptismal records as Jane rather than Sarah. It is possible Jane was a first marriage, and James married Sarah after Jane’s deceased, meaning they were elderly when the murder occurred.

• Anne Kirk was baptized on 1 January 1752.[7]
• Maria Kirk was born on 5 September 1753 and baptized on 17 March 1754.[8]
• Tabitha Kirk was baptized on 6 May 1755.[9]
• Kerck Kerch was born on 11 December 1759 and baptized on 4 June 1761.[10]
• David Kerk was born on 22 December 1761 and baptized on 29 December that same year.[11]
• Keark Keark was born on 27 April 1763 and baptized on 15 September that year.[12]

The fact that there are two Keark/Kercks suggests that the first one died before the second one was born. The younger Keark Keark would have been of age in 1787, along with David Kerk, but David was not mentioned in James Kirk’s estate papers. He may have died before then.

The above speculations assume that the James Kirk who was murdered in 1787 was the same James Kirk who was having children in the 1750s and 1760s.

How to Find Court Records

The best place to start finding court records is the FamilySearch Wiki. Navigate to your ancestor’s state, then select Court Records. Each state had different courts at different times so be mindful of your research time period. This page may also include links to resources and references to FamilySearch Library materials.

In Delaware, the court for capital crimes was the Oyer and Terminer. The records are housed at the Delaware Public Archives. I submitted the contact form with the name of the executed and the approximate date of execution, and they emailed me back to tell me they had the court case. I then paid the fee and received digital copies of the court records. Just recently, the digitized records have been added to the Full-Text search function at FamilySearch.org.

The next step was transcribing and abstracting the records, a lengthy process given the number of pages in the files. I tried to expedite the process by uploading the files to ChatGPT to have it transcribe them, but it was unable to read the old handwriting on most of the files. I had to manually transcribe the documents. AI-assisted transcription tools are likely to improve over time. The court records contained extensive boilerplate, which was removed during abstraction.

Additional Research

It would be a good idea to continue research by seeking out tax records in New Castle County for James Kirk and Kirk Kirk. If there were more than one man of the same name in the same place at the same time, the tax collector would have taken note of it in the tax records. If there was more than one James Kirk, each one would need to be traced.

Burial records for James and Sarah Kirk were searched across major online databases, but none were found. James Kirk may have been buried in the Old Swedes’ Churchyard. It seems reasonable to assume that Sarah Kirk received the burial common for those executed. Cemeteries, churches, and genealogical and historical societies need to be contacted to find their burial records.

Death records should be searched for Jane Kirk, especially if it is confirmed that the James Kirk who married her later married Sarah.

Since James Kirk lived through the American Revolution and his sons would have come of age during that time, it should be investigated to determine if James Kirk or any of his sons served in the Revolutionary War. If they did, those records would flesh out their life stories and provide valuable information.

The tale of Sarah and James Kirk ends with tragedy, but their story offers a rare window into ordinary lives caught in extraordinary circumstances. For genealogists, such cases remind us that even the darkest moments can illuminate family history, revealing the complexities, choices, and consequences that shaped our ancestors’ lives. So, remember to search court cases for each of your ancestors – you have no idea what you just might find.

Did you have a mischievous ancestor? Price Genealogy can help you research them and learn the juicy details of their life story.

Katie

Photos

1. “British nurse Edith Louisa Cavell – Trial and Execution – WW1” by Aussie~mobs is marked with Public Domain Mark 1.0.
2. “Ovid – New York – Seneca County Courthouse Complex – ‘Three Bears,’ is a historic courthouse complex” by Onasill – Bill Badzo – 149 Million Views – Thank Y is marked with Public Domain Mark 1.0.
3. Toowoomba Court House, Neil Street, Toowoomba, c 1890” by Queensland State Archives is marked with Public Domain Mark 1.0.

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[1] New Castle County, Delaware, Coroner’s Inquest papers, “examination on the body of James Kirk”, 16 April 1787; Delaware Public Archives, Dover.

[2] New Castle County, Delaware, Oyer and Terminer Session Dockets, pg. 145, for Sarah Kirk, 8 October 1787; Delaware Public Archives, Dover.

[3] “Wilmington, October 10,” Delaware Gazette (Wilmington, DE), 10 October 1787, pg. 4, col. 1; imaged, GenealogyBank (https://genealogybank.com : accessed 2 October 2025).

[4] “Wilmington, December 19,” Delaware Gazette (Wilmington, DE), 19 December 1787 (date is incorrectly indexed as 9 December 1787), pg. 3, col. 2; imaged, GenealogyBank (https://genealogybank.com : accessed 2 October 2025).

[5] New Castle County, Delaware, Case files, Kinsler, Christine – Kirkpatrick, Martha, RG2545.001 Roll 244, ca. 1680-1925, estate papers of James Kirk; imaged “Delaware, New Castle County, probate case files, 1680-1956,” FamilySearch (https://familysearch.org : accessed 29 September 2025), film #104529562, image(s) 271-284 of 902; citing Delaware. Orphans’ Court (New Castle County).

[6] New Castle County, Delaware, Oyer and Terminer case file 2825-000-001, “Sarah Kirk vs Delaware State,” 6 June 1787; Delaware Public Archives, Dover.

[7] Old Swedes Church (Wilmington, Delaware), “Old Swedes Church Record 1750-1885,” pg. 813, Anne Kirk baptism, 1 January 1752; imaged, “Christina Congregation, Trinity Church, Wilmington, Delaware church records, 1750-1889,” FamilySearch (https://familysearch.org : accessed 6 October 2025) Film # 007548696, image # 220.

[8] Old Swedes Church (Wilmington, Delaware), “Old Swedes Church Record 1750-1885,” pg. 819, top of page, Maria Kirk baptism, 17 March 1754, born 5 September 1753; imaged, “Christina Congregation, Trinity Church, Wilmington, Delaware church records, 1750-1889,” FamilySearch (https://familysearch.org : accessed 6 October 2025) Film # 007548696, image # 223.

[9] Old Swedes Church (Wilmington, Delaware), “Old Swedes Church Record 1750-1885,” pg. 823, Tabitha (indexed as Sabitha) Kirk baptism, 6 May 1752; imaged, “Christina Congregation, Trinity Church, Wilmington, Delaware church records, 1750-1889,” FamilySearch (https://familysearch.org : accessed 6 October 2025) Film # 007548696, image # 225.

[10] Old Swedes Church (Wilmington, Delaware), “Old Swedes Church Record 1750-1885,” pg. 836, Kerck Kerch baptism, 6 May 1752; imaged, “Christina Congregation, Trinity Church, Wilmington, Delaware church records, 1750-1889,” FamilySearch (https://familysearch.org : accessed 6 October 2025) Film # 007548696, image # 232.

[11] Old Swedes Church (Wilmington, Delaware), “Old Swedes Church Record 1750-1885,” pg. 837, David Kerck baptism, 29 December 1761, born 22 December 1761; imaged, “Christina Congregation, Trinity Church, Wilmington, Delaware church records, 1750-1889,” FamilySearch (https://familysearch.org: accessed 6 October 2025) Film # 007548696, image # 233.

[12] Old Swedes Church (Wilmington, Delaware), “Old Swedes Church Record 1750-1885,” pg. 840, Keark Keark baptism, 15 September 1763, born 27 April 1763; imaged, “Christina Congregation, Trinity Church, Wilmington, Delaware church records, 1750-1889,” FamilySearch (https://familysearch.org: accessed 6 October 2025) Film # 007548696, image # 234.