Revolutionary War Pension and Bounty Land Warrant Application File S 28,932, George Warner, New York
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(3-1776)

SERVICE   |     |   NUMBER

New York.   |   Warner, George.   |   S. 28.932

CONTENTS
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24.599
New York - Ct.

George Warner deceased

in the State of [blank]
who was a Private in the [blank] commanded by Captain Mann of the [blank] commanded by Vrooman in the NY line for Revolution

Inscribed on the Roll of Albany at the rate of 80 Dollars -- Cents per annum, to commence on the 4th day of Septem'r 1834 + Ending 28 March 1844.

Certificate of Pension issued the 6th day of Aug't 1853 and sent to R. W. Young present

Arrears to the 4th of

Semi-annual allowance ending

{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by R. McRae Clerk,
Book E     Vol. 4  Page 83
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28.244
George Warner
New York

 alwd[?]


Henry Shafter
Cobelskill
N York
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WAR DEPARTMENT,
Pension Office.

R

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ).  You will, when you return your papers to this Department, send this printed letter with them, and you will, be compling with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of George Warner

Period when the service was rendered.   |   Duration of the claimant's service.   |   Rank of the claimant   |   Names and rank of the Field officers under whom he served.   |   Age at present, and place of abode when he entered the service.   |   Proof by which the declaration is supported.

   |   Years.   |   Months.   |   Days.   |   |   |   |

The applicants statement of his service is not satisfactory. It is well known that the militia were at no time in actual service and engagement for so long a period as nine months. The applicant belonged to a company of militia in the town where he resided and held himself in readiness to serve when called upon to serve against the enemy.  [ul] The time only in which he was engaged in actual service can be completed[?] in the investigation of his claim. [/ul] The applicant should state the time at which he was released from captivity and the winter[?] for that be more particular in their statement respecting the direction thereof.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military; service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c, Teamsters, Boatmen, &c.  Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1.  The Regular Troops.
2.  The State troops, Militia, and Volunteers.
3.  Persons employed in the Naval Service.
4.  Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of }
County of  } ss.

On this        day of         personally appeared (a) before      
A B. a resident 9b) of       in the County of         and State, Territory or District of      aged (c)      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d)       , with      and served in the         (e) regiment of the       line, under the following named officers :

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [hand pointing symbol]  This form is to be varied as as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim(f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of          A. B.

Sworn to and subscribed the day and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I                  of the Court of                        do hereby certify (h) that the foregoing contains the original proceedings of the Court of of the said Court in the matter of the application of            for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this   day of                       &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note 9) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A. B., a Clergyman. residing in the                 and C. D. residing in (the same) hereby certify, that we are well acquainted with                   , who has subscribed and sworn to the above declaration; that we believe him to be                     years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting interrogatories prescribed by the war Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the                            and is a credible person, and their statement is entitled to credit.

I,                       Clerk of the Court of               do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of                    for a pension.

In testimony where, I have hereunto set my hand and seal of office, this      day of         &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3

alleged service, as they are known at the Department.  A very full account of the services of each person will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1.  Where and in what year were you born:
2.  Have you any record of your age, and if so, where is it?
3.  Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4.  How were you called into service; were you drafted, did your volunteer, or were you a substitute. And if a substitute, for whom?
5.  State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.  {To a Soldier.  {  Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{ To an Officer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubt have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the kproper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required bo be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

_______________________________________

[a]  The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b]  The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c]  The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e]  Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: --For ---- year ----- months, and ---- days, I served as a ------.  For ----- months and ------ days, I served as ----; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase [it]about three or four months,[/it] is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f]  The law makes the relinquishment indispensable.
[g]  The opinion of the Court is always required.
[h]  The Clerk must give his certificate in every case.
[i]  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.

[j]  In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[hand pointing symbol]  The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note [j] applies to continental troops only.
[k]  This traditionary evidence is indispensable in militia cases.
[l]  If a witness cannot be found, the declarant must state the fact.
[m]  The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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State of Newyork},
Schoharie County}Ss.

On this First Day of October 1833 personally appeared in open court, before the Judges of the court of common Pleas, in the county of Schoharie now Sitting George Warner a Resident of the town of Cobels Kill in the county of Schoharie aforesaid aged 75 Years who being first duly Sworn - according to Law, doth on his oath make the following Declaration in order to obtain the benefit of the act of congress passed June 7th 1832.

That he entered the Service of the United States under the following named officers, and Served as herein Stated, first that in the fall in the Year 1775, that he the Said George Warner was in Schoharie called into Service by the command by captain George Mann in Schoharie in the regiment commanded by col Peter Vrooman of the militia that he the Said captain Mann with his company marched from Schoharie to the Mohawk river, from there to Stone Arabia, now the town of Palatine, Montgomery county, that he the Said George Warner Served Eight days in this Vicinity under the command of capt Mann, that he was honorably discharged by his capt by Word

2)  that in the Spring in the Year 1776; that he the Said George Warner was called into Service again at Cobels Kill by the command of capt John Bourk by the command of col Peter Vrooman of the Militia  Served three Months at Cobels Kill and in that vicinity.

in the fall in 1776, the whole of the Militia of col Peter Vrooman Regiment in Schoharie was called into Service. col Vrooman with his Regiment Marched from Schoharie to Albany, from thence up the river to fort Edward to Lake George; that the Said George Warner Served in capt Bourks company; from there colonel Vrooman Marched with his regiment to Schenectady, from this to the Mohawk river; from thence to Johnstown [near?] Montgomery county; that he the Said George Warner Served one month in captain Bourks company in col Vroomans regiment of militia that he was honorably discharged in Johnstown by his capt by word

that in the year 1777, that he the Said George Warner was called into Service again by the command of col Vrooman of the militia in Schoharie, in company commanded by capt George Mann; the Said capt Mann with his company Marched from Schoharie to the [Hallibunyh?] So called in Albany county, after Toryis, that it was Saith that one Harman Van Desea was the captain of the Torys, the he had to

continued
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that hath about forty men of Torys dying into the wood, under the Hillibingh, the Said capt Mann with his company Marched under the hillibingh, and Joint the Albany regiment, of Militia and capt John Dilmans company of State troops.

that it was Saith this this capt Van De Sea of the Torys would Some times come home to See his wife; Henry Shafer the orderly Sargant in captain Mann company near ordered to take five men with him and to go in the night time to this Van Deseas house in order to take this Van DeSea prisoner if found; that the Said George Warner was one of the men which to band with the Said Henry Shafer to Van DeSeas house and took him prisoner and brought him to the regiment aforesaid for tryal, and was tried by a commitee and was found Guilty and put in prisonment  that he the Said George Warner Served half of a month in that Vicinity, in capt manns company, this Service was renden in the Spring of the Same Year and was honorably Discharged by his capt by word;

4th  that in the Year 1778; in the Spring in Same Year, that he was by command of col Vrooman of the militia called into Service again in the company of captain Christian Brown Served nine months at cobelsKill and in that vicinity in col Vroomans regiment in May in the Same Year that he the Said George Warner was in a battle at CobelsKill against the Toryes and Indians, that capt Patrick a united States officer was killed that our party Lose 22 killed the Lieutenant and the fifer was taken prisoner by the Toryes and Indians Henry Shafer the orderly Sargant in capt Brown company Peter Shafer and Leonard King was wounded[?] in Said pattle; the Indian and Toryes at the Same time burned the building at CobelsKill that his fathers house was burned with Six of our men there in that he and his father and family Lost all their personal property which was in his fathers house; that he was honorably discharged by his captain Brown by Word

That after the Said George Warner came home, that he was called into the Service again at CobelsKill by the command of col. Vrooman of the militia in Schoharie Served Six months at CobelsKill in the company of captain Brown, in the fall of the Same year that col John Harper called on him to go with him with a hundred men to Harpers filed [field?] after Toryes. that he Marched with col harper to harpers filed  and take about forty prisoners; Some of them was put into prisonment; that he was honorably Discharged by col harper by word

4th  that in the year 1778; in the Spring in Same Year, that he was by command of col Vrooman of the militia called into Service again in the company of captain Christian Brown Served nine months at cobels Kill and in that vicinity in col Vroomans regiment in May in the Same Year that he the Said George Warner was in a battle at Cobels Kill against the Toryes and Indians, that capt Patrick a united States officer was killed that our party Lost 22 killed the Lieutenant and the fifer was taken prisoner by the Toryes and Indian. Henry Shafer the orderly Sargant in capt Brown company Peter Shafter and Leonard King was wounded in Said pattle; the Indian and Toryes at the Same Time burned the building at CobelsKill that his fathers house was burned with Six of our men there in that he and his father and family Lost all there personal property which was in his fathers house; that he was honorably discharged by his captain Brown by Word
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5th   that in the winter in in the Year 1778 + 1779 colonel Dubois with his Soldiers and the militia at CobelsKill builded a fort at cobelsKill when was called fort Dubois, that the Said George Warner was one of the man to build Said fort, that in the spring in the Year 1779; that the Said George Warner was called in the Service again, Served six months in fort Dubois at CobelsKill and in that vicinity in the company commanded by capt, Christian Brown in the regiment commanded by col Vrooman of the militia in Schoharie that he was in fort Dubois at CobelsKill honorably discharged by his capt Brown by word

[note in margin] In Vol 3 p 85
----8

[note in margin] 6 mo

6th   |   that in the Year 1780; that he the Said George Warner was called into the Service again Served six months in fort Dubois at CobelsKill and in that Vicinity in capt. Browns company, and Vrooman regiment of the militia; in Schoharie that he was in fort Dubois at Cobels Kill honorably discharged by his capt Brown by word

margin note] 6
Vol 4.. p.2
---2
6 mo

7th   |   that in the Spring in the Year 1781; the Said George Warner was called into the Service again in company of captain Brown in col Vroomans Regiment: Served at CobelsKill and in that Vicinity until the 27th Day of July; then the Indians take him the Said George Warner in actual Service a prisoner and take him off from CobelsKill a prisoner to niagara; and was kept there until peace; then came home

The Said George Warner Says on his oath that he rendered all the aforesaid Services faithfully in the American Revolutionary War in the fense of his country

that he hereby relinquishes every claim whatever to a Pension or annuity, except the present, and declares that his name is not on the Pension Roll of the Agent of any State of the united States.

the Said George Warner in open court, Says on his oath
1   | by information of his father that he was born in Schoharie 
2   | that the record of his age in in his possession stated October 6th 1757
3   | that he Lived at Cobels Kill ever Since the revolution
4   |  that he was called into by the by the command of Colonel Vrooman of the militia in Schoharie as he has Stated in his Declaration
5   |   that he Served in capt manns company, in capt Browns company as he has Stated in his

continued
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Declaration: that capt John Dilman of the States troop and Major Dilman was in the Service with him in capt manns company Lieutenant Henry Borst; Henry Shafer and only Sergant in capt Borsts Company; that Lieutenant Henry Borst; ensign Nicholas Warner and Henry Shafer and only Sergant Served with him in captain Browns company
6   |   that he was Discharged by his captain by word as he Stated in his Declaration
7   |   that Henry Mann, Peter G Mann, Abraham Mann; Marcus Zeh and Peter W. Snyder and other Serving in his present neighborhood, who can testify as to his character for truth and Veracity and their belief of his Services as a Soldier in the revolution; the Said George Warner testifies and says that in all the aforesaid Services, that in which the Service he performed that he was not employed in any civil pursuit

Subscribed and sworn in open court}
the day and year aforesaid}
John Gebhard Jr. Clerk}

[signature] George his X mark Warner

We John D. Shafer a Clergyman, residing in the town of Cobels Kill in the county of Schoharie, and Peter G. Mann residing in the Same, hereby [t]entify, that we are well acquainted with George Warner the applicant for Pension who has Subscribed and Sworn to the above declaration; that we believe him to be 75 Years of age; that he is and has been reputed and believed; in the neighborhood where he resides; to have been a Soldier of the Revolution, and that we concur in that opinion,

Sworn and Subscribed}
the day and Year aforesaid}
before me Henry Shafer a}
Judge of Schoharie common Pleas}

[signature] John D. Shafer

[signature] Peter G. Mann

John D. Shafer being duly Sworn deposeth and Saith that George Warner the applicant for a Pension has been for a number of Years been a church officer within deponents congregation at CobelsKill, that the said George Warner is a man of credibility that his affidavit is entitled to credit and be believed

Sworn and Subscribed}
the day and Year aforesaid}
before me Henry Shafer a }
Judge of Schoharie common Pleas}

[signature] John D. Shafer
V. D. M.
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Peter Shafer a resident of the town of Schoharie in the county Schoharie, a united States Pensioner, being duly Sworn deposeth and Saith on his oath that he is well acquainted with George Warner the applicate for a Pension, ever Since the american revolution that in the Spring in the Year 1778, that he this deponent and the Said George Warner were in the Service together in revolutionary War that this deponent Served nine months in capt Dietz[?] company; and the Said George Warner Served nine months in the company of capt Brown   Nicholas Warner was the ensign of the Drafted men in col Vrooman regiment of the militia in Schoharie that in May in the Same Year this deponent and the Said George Warner were together in a pattle of Cobels Kill against the Toryes and Indians, that the Statement in the declaration of the Said George Warner is true; the day when this deponent and the Said George Warner entered the Service; and the day of the discharge this deponent can not recolect; put at the Xperation of the nine months Services that they were honorably discharged of their Services; that in the Spring in the Year 1779; that this deponent and the Said George Warner was called into Service again Served together in fort Dubois at CobelsKill in capt Brown company by the command of col Vrooman of the militia in Schoharie; that the Said George Warner Served Six months in fort Dubois at cobels Kill and in that Vicinity that the statement in the declaration of the Said George Warner is true; and to be blieved

that in the Year 1780, that this deponent and the Said George Warner was Called into the Service again that this deponent and the Said George Warner were in the Service together under the command of capt Brown that the Said George Warner Served Six months in fort Dubois at Cobels Kill and in that Vicinity in the company of capt Brown by the command of col Vrooman of the militia in Schoharie; that the Statement in the declaration of this Service of the Said George Warner is true and to be believed;

that in the Spring in the year 1781; this deponent and the Said George Warner was called into Service again in the company of capt Brown in col Vrooman regiment Served together in fort Dubois at CobelsKill and in that Vicinity until Some time in July, then the Said George Warner was taken prisoner by the Indians, at Cobels Kill, that at the time when the Said George Warner was taken prisoner that he was in actual Service in capt Brown company

continued
Page 12

this deponent further testifies that he knows with his own knowledge that the Said George Warner has faithfully rendered all the aforesaid Services in revolutionary War; that he the Said George Warner is a man of credibility that the whole Statement in the declaration of the affidavit of the Said George Warner is entitled to credit, and to be believed

Subscribed and sworn in open court}
the day and year aforesaid}
John Gebhard Jr. Clerk}

and the Said court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogations prescribed by the War department, that the above named applicant was a revolutionary Soldier, and Served as he States; And the court further certifies, that it appears to then that John D. Shafer who has Signed the preceeding[?] certificate, is a clergyman, a resident in the town of Cobels Kill, and that Peter G. Man who has also SIgned the same is a resident in the town of Cobels Kill in the county of Schoharie, and are encredible persons. and that their Statement is entitled to credit: the court further certifies that all the witnesses Sworn in this case are men of credibility and to be believed under oath

[signature] William Beckman
[signature] Thos Danforth
[signature] Marvin Judd
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State of Newyork}
Schoharie County} Ss

Nicholas Warner a resident in the town of CobelsKill in the county of Schoharie the ensign of captain christian Brown company aged 86. Years Last october; being duly Sworn according to Law, deposeth and Saith that he has been well acquainted with George Warner a resident of the town of CobelsKill in the county of Schoharie ever Since and before the american revolutionary war

that in the Spring in the Year 1778; that the deponent the ensign of capt Brown company and the Said George Warner the applicant for a Pension was nine months in the Service together at CobelsKill and Schoharie of the company of capt Brown in col Vroomans regiment of the militia in Schoharie; that in may in the Same Year that this Deponent and the Said George Warner was together in a pattle at Cobels Kill aginst the Toryes and indians, the Statement in the annext declaration of the Said George Warner is true the day when he entered the Service and the day when he was discharge this deponent can not recolect, put at the Expiration of the nine Services the Said George Warner was honorably discharged

that in the Spring in the Year 1779; the Said George Warner was Called in the Service again; that this deponent the ensign of captain Brown company by the command of col Vrooman of the militia in Schoharie Served Six months together in fort Dubois at Cobels Kill and in the Vicinity in capt Brown company col Vrooman regiment and in that Vicinity in capt Brown company col Vrooman regiment aforesaid; that at the Expiration of the Six months Services the Said George Warner was honorably discharged in fort Dubois at CobelsKill that the Statement of annext Declaration of the Said George Warner is true and to be believed

that in the Year 1780; the Said George Warner was called into the Service again, that this deponent the ensign of capt Brown company by the command of col Vrooman of the militia aforesaid this deponent and the Said George Warner Served again Six months together in fort Dubois at CobelsKill and in that vicinity, capt Brown company col Vrooman regiment of the militia in Schoharie; that at at the Expiration of the Six months Service that the Said George Warner was honorably discharged in fort Dubois at Cobels Kill by capt Brown by word

that in the Spring in the Year 1781; that the Said George Warner was called into the Service again, that this deponent the ensign

continued
Page 14

of capt Brown company by the command of col Vrooman aforesaid this deponent and the Said George Warner Served again together in capt Brown company in fort Dubois at CobelsKill and in that vicinity until Some time in July the the Said George Warner was taken prisoner by the Indians that he the Said George Warner was in actual Service in captain Brown company in col Vroomans regiment of the militia in Schoharie; that Henry Shafer was the Orderly Sargant in capt Browns company, that this deponent and the Said George Warner and the Said Henry Shafer Served together during all the aforesaid Services in capt Brown company in the revolutionary war

that George Warner is a man of credibility, the statement in his declaration is intitled to credit and to be believed

Sworn and Subscribed}
this 30th Day of September 1833}
before me Henry Shafer }
a Judge of Schoharie common Pleas}

[signature] Nicholas his X mark Warner

I Henry Shafer a Judge of Schoharie common Pleas do certify that I have been well acquainted with Nicholas Warner ever Since the american revolutionary war that he the Said Nicholas Warner who Subscribed and took the foregoing oath that he was the ensign in capt Browns company as he has Stated in his affidavit, that he is a man of credibility and that his affidavit is entitled to credit and to be believed

Sworn and Subscribed}
this 30th Day of September 1833}
before me Henry Shafer}
a Judge of Schoharie common Pleas]

[signature] Nicholas his X mark Warner

Henry Shafer a Judge of Schoharie common Pleas do certify that I have been will acquainted with Nicholas Warner ever Since the american revolutionary was that he the Said Nicholas Warner who Subscribed and took the foregoing oath that he was the ensign in capt Browns company as he has Stated in his affidavit, that he is a man of credibility and that his affidavit is entitled to credit and to be believed

[signature] Henry Shafer a Judge
of Schoharie common Pleas

[faint writing]
Henry Shafer a Judge of Schoharie common Pleas being duly Sworn deposeth and Saith, that he the Said Henry Shafer and the Said George Warner the applicant for a Pension was in the revolution [illegible] in the Service together and Served together in Each term from the fall 1775; until in July 1781; at the time when the Said George Warner was taken prisoner; that a whole Statement in the declaration of the Service of Said George Warner is true and to be believed

Subscribed and sworn in open court}
the day and year aforesaid}
John Gebhard Jr. Clerk}

[signature] Henry Shafer
Page 15

State of Newyork}
Schoharie County} Ss.

Henry Mann and Abraham Mann of the town of Cobles Kill in Said county of Schoharie; being duly Sworn according to Law, deposeth and Saith that they are Well acquainted with George Warner of the town of Cobels Kill, that the Said George Warner is a man of a Good character for Veracity, and that they believe of his Services as a Soldier of the revolution, that his affidavit is entitled to credit and to be believed

Sworn and Subscribed }
this 30th Day of September 1833}
before Me Henry Shafer}
a Judge of Schoharie common Pleas}

[signature] Henry Mann
[signature] Abraham Mann

I Henry Shafer a Judge of Schoharie common Pleas do certify that I well acquainted Henry Mann and Abraham Mann who Subscribed and Sworn to the foregoing affidavit that they are men of credibility and their affidavit is entitled to credit and believed

[signature] Henry Shafer a Judge
of Schoharie common Pleas

Peter W Snyder _________ of the town of Cobels Kill in the county Schoharie, being duly Sworn according to Law, deposeth and Saith that they are Well acquainted with George Warner of the town of Cobels Kill that the Said George Warner is a man of good character for Veracity and that they belief of his Services as a Soldier of the revolution, that his affidavit is entitled to credit and to be believed

[signature] Peter W. Snyder
[signature} Marcus Zeh

I Henry Shafer a Judge of Schoharie common Pleas do certify that I am well acquainted with Peter W. Snyder and Marcus Zeh who Subscribed and took the foregoing oath that they and each of them is men of credibility and their affidavit is entitled to credit and to be believed

Henry Shafer a}
Judge of Schoharie}
common Pleas}
Page 16

I John Gebhard Jr Clerk of the court of common pleas of the county of Schoharie, Do hereby certify that the foregoing contains the original proceedings of the Said court in the matter of the application of George Warner for a pension - I further certify that Henry Schafer before whom the 4 preceding and annexed affidavits purport to have been sworn, was at the date of the same, one of the Judges of the court of common pleas in and for the Said county, and that I am acquainted with his hand writing and verily believe his name Subscribed to the Said and certificate of credibility to be his proper hand writing and signature - further certify that I am acquainted with Peter Shafer and Henry Shafer, Witness, sworn in open court and whose affidavits are hereto annexed, that they are men of credibility and their statements entitled to the fullest credence -

In testimony whereof I have hereunto
set my hand and seal of
Office this fourth day of
October 1833 -

[signature] John Gephard Jr Clerk
of Schoharie County

[note in left margin]
20  2HH
George Warner
Page 17

Certificate showing
who are the Children
of George Warner by his
Surrogate and Judge of
Schoharie County NY

The amount of the 
[illegible] of administration
is not given with this case + 
is not given within case + is Respond[?[ [illegible]
Recours[?] given  other
[illegible]
Page 18

1853

State of Newyork
Schoharie County ss

On this Second day of July a.d. One Thousand dight hundred and fifty three personally appeared before the undersigned Surrogate of the County of Schoharie Sylvester Wescott and John W Orr residing in the town of Richmondville in said County who being severally duly sworn according to law did depose and say that they were well acquainted with George Warner deceased who was at one time a Pensioner of the United States under the Act of Congress of 7th June 1832 and who was afterwards stricken from the roll of Pensioners. That said George Warner departed this life on the twenty Eighth day of March in the year one thousand eight hundred and forty four without leaving a widow. that the following named persons were the only children of said deceased George Warner him surviving all of whom are now living and are of lawful age viz - Nancy Warner of Richmondville George G Warner, John Warner, Marcus Warner, Peter Warner, Lana Mann, of the same town Schoharie County, Margte wife of James McCheney, of Albany County, and Nancy, wife of John Wood of Allegay County, State of New York, Caty wife of John A Shafer of CoblesKill Schoharie County, New York

Sworn to + subscribed this}
2nd day of July 1853}

[signature] S. Westcott
[signature] John w. Orr

I Demosthenes Lawyer Surrogate as aforesaid do hereby certify that I am not interested directly or indirectly in the claim of the heirs
Page 19

of George Warner decd - for Pension or otherwise

[Dutid?] Cobles Kill Schoharie County N.Y.   July 2. 1853

[signature] Demonthenes Lauyer
County Judge and
Surrogate, Schoharie
Page 20

The People of the State of Newyork by the Grace of God free and Independent

To all to whom those present shall come or may in any wise raise concern send greeting

Know ye that as a Surrogate County held in and for the County of Schoharie on the Second day of July a.d. one thousand eight hundred and fifty three the foregoing widower (which I consider satisfactory) was adduced to prove that George Warner therein named and described departed this life on the twenty Eighth day of March in the year One thousand eight hundred and forty four without leaving a widow.  That the following named persons were the only children of said deceased George Warner him surviving all of whom are now living and are of lawful age, viz Henry Warner, John Warner, Marcus Warner, Peter Warner, Laura Mann, Maria W Chesney, Nancy Wood and Caty Shafer and George G. Warner - of the State of New York -

Witness my hand official Seal 
this Second day of July in the 
year of our Lord one thousand eight hundred + fifty three

[signature] Demosthenes Lauyer.
County Judge and
Surrogate, Schoharie
County. New York
Page 21

Henry Warner Declaration


[signature] R. W. Young
Page 22

In the matter of George Warner
An Applicant for Pension under
the Act of Congress 7th June 1832

State of New York
Schoharie Co ss

The affidavit of Henry Warner of Warnerville Schoharie County, + State aforesaid who being duly sworn doth depose and say that he is one of the Children of George Warner, who was an applicant under the Act of Congress of 7th June 1832 - that his father the said George Warner was at one time a pensioner under said act, but was stricken from the Roll several years before his death - That Deponent for himself and other children of said George Warner him surviving -respectfully claims the arrears of Pension due said George Warner at the time of his death -

Deponent further says that the said George Warner departed this life on the Twenty Eighth day of March one thousand eight hundred and forty four leaving him surviving the following children viz the deponent Henry Warner, George Warner, John Warner, Marcus Warner, Peter Warner, Lana Mann, wife of Peter G. Warner, Maria wife of James Mc Chesney, Caty Shafer all of whom are now living and of lawful age

Sworn to this 1st day of}
December A. D. 1852 before me}

[signature] Peter Mix,
Justice of the Peace

[signature] Henry Warner

State of New York
Schoharie Co  ss

I Loring Andrews - Clerk of said County do hereby certify that Peter Mix - before whom the foregoing affidavit purports to have been taken was at the date thereof a Justice of the peace in and for said County duly commissioned + qualified + I further certify that the signature of Said Justice to the above affidavit appears to be genuine
duly commissioned + qualified + I further certify that the signature of said Justice to the above affidavit appears to be genuine

Witness my hand + official Seal
this 10th day of December a.D. One thousand and eight hundred and fifty two

[signature] Loring Andrews, Clerk
Page 23

In reply to your request of [blank], received [blank]  for a statement of the military history of George Warner a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.

S. file 28932

DATES OF
ENLISTMENT OR
APPOINTMENT.   |   LENGTH OF SERVICE.   |   RANK.   |   OFFICERS UNDER WHOM SERVICE WAS RENDERED   |   STATE.

Fall  1775   |   8 days   |   Private   |   George Mann   |   Peter Vroman   |   N. Y.

Spr   1776  Fall 1776  |   3 mos} 1 mo}   |   |   John Bauck   |   "   "   |

Spr   1777 Fall   1777   |   1/2 mo   6 mo.   |   |   George Mann   Brown   |   John Harper   |   

Spr.    1778   Spr   1779  Spr 1780    |   9 mos}   6 mos}   6 mos}   |   |   Christian Brown   |   Peter Vroman   |   

Spr   1781 to July 17, 1781 when he was captured by the Indians at Ft. Dubois, Cobleskill, and carried to Niagara Canada where he was held a prisoner two years till Peace - Sol. [?] father (name not stated)  was taken pris -   |

Battles engaged in, May 75  Cobleskill

Resident of soldier at enlistment, Cobleskill, Schoharie Co.

Date of application for pension, Oct 1, 1833

Residence of date of application, Cobleskill, Schoharie Co, N. Y.

Date of application for pension, Oct. 1. 1833

Residence at date of application, CoblesKill, N. Y.

Age at date of application, B. Oct. 6, 1757 at Schoharie, N.Y.

Remarks:  sol. mar.

he died Mch. 28, 1844 leaving no wid.
but  chrn   Henry   George G.   John   Marcus   Peter   Lana wife Peter  G. Mann   Maria wife James McChesney   Nancy wife John Wood   Caty wife John A. Shafer

Soldier was called George Warner Jr.
Page 24

O. W. & N. Division.
F. S.

DEPARTMENT OF THE INTERIOR,
Bureau of Pensions,
Washington, D. C.,  June 4, 1895.

Sir:

In reply to your request for a statement of the military history of -:G E O R G E  W A R N E R - a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
___________________________________________

DATES OF ENLISTMENT OR APPOINTMENT.   |   LENGTH OF SERVICE.   |   RANK.   |   OFFICERS UNDER WHOM SERVICE WAS RENDERED.   |   STATE

   |   |   |   |  CAPTAIN.   |   COLONEL   |

Fall, 1775   |   8 DA.   |   Pri.   |   George Mann   |   Peter Vrooman   |   N. Y.

Sept., 1776   |   3 mo.   |   "   |   John Bourk   |   "   |   "   |   "

Fall,   "   |  1 mo.   |   "   |   John Bourk   |   "  "   |   "

------  1777   |   15 da.   |   Geo. Mann   |   "  "   |   "
------   "   |   15 ds.   |   "   |    Christian Brown   |    (erasure)   Harper

Spring 1778   |   9 mo.   |   "   |   "  "   |   Peter Vrooman   |   "

------ 1779   |   6 mo.   |   "   |   "  "  |   "   |   "   |   "

------- 1780   |   6 mo.   |   "   |   |  "   "   |   "   |   "

------  1781   |    6 mo.   |   "   |   "  "   |    "   |   "

Battles engaged in,   |   COBLESKILL.

Residence of soldier at enlistment,   |   Cobleskill, N. Y.

Date of application for pension,   |  October 1, 1833.

Residence at date of application,   |   Cobleskill, N. Y.

Age at date of application,   |   Born, Scoharie, N. Y., Oct 3, 1757.

Remarks:  On July 27, 1781, was taken prisoner, carried to Nia[illegible], and detained there until the close of the war.

N. F. Warner, Esq.,
Minneapolis, Minn.
#106 Washington Ave., S.

Very respectfully,

Commissioner.



1904blm
Page 25

24.599

New York

George Warner
Schoharie C in the State of New York
was a private in the Company commanded 
Captain Bunck of the Regt. commanded by Col Vroman in the N Y [illegible] line for 24 mos.

Inscribed on the Roll of New York
at the rate of 80 Dollars 00 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 18 day of Jry[?]:
1834 and Sent to
Hon J. Adams   H Reps

Arrears to the 4th of Sept 1833.   |   $200.00
Semi-anl allowance ending [illegible] '36   |   40.00
   |   $240.00

{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by W. L. Williams Clerk,
Book C   Col. 4   Page 128
Page 26

See let to  |   J. Fleming, Esq,, Nov. 29. 34
 "  "  "  |   Prisoner[?] --
  "  "  "  | Henry Shaffer Esq - [illegible]   1835
  "  "  "  | Hon M Van Buren  27 March " -
   "  "  " | Henry Shafer   May 24th 18?5 -
  "  "  "  | Same  Aug 3. "
  "  "  "  | Same Nov [?].  "
  "  "  "  |  W B Pierce  May 27. 1843
  "  "  "  |  J E Harvey  aug. 16. 4[?]
  "  "  "  |Sec War, Apl 26
Page 27

State of New York}
Schoharie County } ss.

George Warner the applicate for a Pension, personally appeared before me the undersigned Henry Shafer a Judge of the court of common Pleas in and for Said county of Schoharie who being duly Sworn according to Law, deposeth and Saith that he remembers well the Length of time of each term of his Service in the revolutionary war, but the Day or Day, when he entered the Service and the Day or Days when he was discharged he cannot remember.  that in the Year 1778; that he the Said George Warner was one of  the private Soldier in captain Brown company at Cobels Kill in the Regiment of col Vrooman of Schoharie, that in the Spring in the Same Year by the command of col Vrooman, capt Brown was called into Service and he the Said George Warner and others Served nine months at Cobels Kill and Schoharie in Said company of capt Brown; on the account because the enemy was during that Summer Lying about Cobels Kill and Schoharie to murder to Scalp to burn building and to take prisoners, this am the reason that he the Said George Warner had to render the nine months Services, that the Statement in his Declaration are the truth, that he Served faithfully during the nine months Service

that in the Year 1779, that the Said George Warner and others were called into Service again by the Command of captain Brown and col Vrooman of the militia that he and others Served Six months in fort Dubois at Cobels Kill and in that Vicinity; on the account part of the militia had to Guard Said fort on the account the Lying enemy about there as aforesaid; this was the reason that he the Said George Warner had to render this Six months Service that he faithfully Served this Six months Serving that the Statement in his declaration was the Truth that in the Year 1780 that he the Said George Warner and others by the command of col Vrooman and captain Brown Was called in the Service again that he the Said George Warner and others of the militia Served Six months again in fort Dubois aforesaid on the account part of the militia had to Guard Said fort, on the account the enemy Lying about there as foresaid this is the reason that he the Said George Warner had to render this [illegible] with Service in [illegible] and in that vicinity
Page 28

That he the Said George Warner rendered this Six month Service faithfully; that the Statement in his declaration are the truth

that in the Year 1781, that he the Said George Warner and others by the command of captain Brown and col Vrooman was called into the Service again that he Served again fort Dubois and in that Vicinity as aforesaid until the 27th Day of July, on that Day that he the Said George Warner was taken prisoner by the Indian and was taken off by the enemy to niagara So called and was Gipt there until peace and then came home, that his Services a number of our was killed and taken prisoner that the father of the Said George Warner was also taken prisoner by the enemy and taken off to niagara, and that he the Said George Warner has Seen his father at niagara and was Gipt there a prisoner until peace the Said George Warner testifies that Nicholas Warner the Insigne is in capt Brown company Henry Shafer the orderly Sargant in Said company and Peter Shafer was in the Service with him in Each term aforesaid that he claims a Pension for twenty four months Service which he has faithfully rendered in the revolutionary war

Sworn and Subscribed}
this 24th Day of December 1833}
before me Henry Shafer a}
Judge of Schoharie common Pleas}

[signature] George his X mark Warner

I Henry Shafer a Judge of the court of common Pleas aforesaid certify on the oath of my office that I the Said Henry Shafer and the Said George Warner was in the revolutionary war in the Service and together Service in Each[?] and every term which he has Stated in his affidavit and Subscribed and Sworn to it and also in all the other Services which he has Stated in his declaration and have Sworn to it in my affidavits in open court this is the truth and whole truth

Henry Shafer a Judge}
of Schoharie common Pleas}
Page 29

State of New York}
Schoharie County} Ss.

Peter Shafer one of the witneses in the case of George Warner the applicant to a claim for a Pension being duly Sworn according to Law, deposeth and Saith, that in year 1778 that in Spring in the Same Year the company of captain Brown, by the command of col Vrooman was called into Service in the revolutionary war that this deponent and the Said George Warner was in the Service nine months in the revolutionary War at Cobels Kill and Schoharie and in that Vicinity; on the account the enemy during that Summer Lying about Cobels Kill and Schoharie to murder Scalp and to take prisoners, and to burn the buildings at Cobels Kill, this was the reason that this Deponent and the Said George Warner and others had to render the nine months Service, that the Said George Warner was a faithful Soldier during the nine months Services, that the Statement in the Declaration of the Said George Warner are the truth in all accounts that in the Year 1779; that this deponent testifies that the Said George Warner and others of the militia by the command of col Vrooman was called into the service again; that the Said George Warner Served Six months in fort Dubois at Cobles Kill and in that Vicinity, on the account that a part of the militia had to Guard Said fort, on the account of the enemy Lying about there as aforesaid, this was the reason that the Said George Warner and others had to render the Six Months Service in fort Dubois aforesaid, the Said George Warner was a faithful Soldier during this Six months Service, that the Statement on the Declaration of the Said George Warner are the truth in all accounts and to be believed

that in the Year 1780, that this deponent and the Said George Warner and others of the militia by the command of col Vrooman was called in to Service again, that the Said George Warner and others Service Six months in fort Dubois aforesaid an in that vicinity, on the account a part of the militia had to Guard Said fort on the account of the enemy Lying about Cobles Kill and Schoharie to murder Scalp and to take prisoners; this was the reason that the Said George Warner had to render the Six months Service in fort Dubois aforesaid
Page 30

that the Said George Warner was a faithfull Soldier During this Six month Service, that the Statement in the Declaration of the Said George Warner are the truth on all accounts and to be believed

that in the Year 1781, that this deponent and the Said George Warner and others of the militia by the command of Col Vrooman was called into the Service again, that this deponent and the Said George Warner and others Served Together in fort Dubois as aforesaid in that Vicinity, until Some time in July then the Said George Warner was taken prisoner by the enemy the father of the Said George Warner has been taken prisoner and take him off to Niagara he was about two Year a prisoner then came home and a number of Men has been taken prisoners; and also of men has been killed by the enemy during their four Services at Cobels Kill, that the inhabitants of Cobels Kill had to move to Schoharie in the Lower fort in Schoharie to Save their Lives that after the inhabitants and the Soldiers of the militia moved to Schoharie the enemy burned fort Dubois at Cobels Kill

put the Day or Days when the Said George Warner entered the Service, and the Day or Days when he was Discharged this deponent cannot recolect

Sworn and Subscribed}
this 24th Day of December 1833}
before me Henry Shafer a }
Judge of the Schoharie common Pleas}

[signature] [Peter?] Schafer [?] Gustave Schfer [?]

I Henry Shafer Judge of Schoharie common Pleas do certify that Peter Shafer who Subscribed and took the foregoing oath is a man of credibility and to be believed on oath

[signature] Henry Schafer a Judge of}
Schoharie common Pleas}
Page 31

State of New York}
Schoharie County } Ss.

Nicholas Warner one of the Witnesses in the case of George Warner the applicant to a claim for a pension; being duly Sworn according to Law, deposeth and Saith that in the Year 1778 that he this deponent was the Ensign in captain Brown company that in the Spring in the Same Year by the command of col Vrooman the company of captain Brown was called into Service that he the Said Nicholas Warner and the Judge of the Schoharie common Pleas Served nine months together at Cobels Kill and Schoharie and in that vicinity on the account because the enemy was during that Summer Lying about Cobels Kill and Schoharie to morder and Scalp and to take prisoners and to burn the building at CobelsKill this is the reason that the Said George Warner and others had to render nine months Services; that the Said George Warner was a faithful Soldier during the nine month Services that the Statement in the declaration of the Said George Warner are the truth in all accounts and to be believed

that in the Year 1779, that this deponent and the Said George Warner and others of the militia by the command of col Vrooman Was called into Service again, that this deponent and the Said George Warner Served Six months together in fort Dubois at Cobels Kill, and in that Vicinity, on the account apart of the militia had to Guard said fort, on the account of the enemy Lying about there as aforesaid, this was the reason that the Said George Warner and others had to Render the Six months Services in fort Dubois aforesaid that the Statement in the declaration of the Said George Warner are the truth and that the Said George Warner was a faithfull Soldier during this Six months Services

That in the Year 1780, that this deponent and the Said George Warner and others of the militia, by the command of col Vrooman, was called into the Service again Served again Six months together in fort Dubois aforesaid, on the account the militia had to Guard Said fort on the account of the enemy Lying about Cobels Kill and Schoharie to morder Scalp and to take prisoners, this is the reason that the Said George Warner and others had to render this Six months Service in fort Dubois; that he was a faithfull Soldier during these Six months Service
Page 32

the Statement the declaration of the Said George [illegible} are the truth in all accounts and to be believed

that in the Year 1781 this deponent and the Said George Warner and others of the militia by the command of col Vrooman was called into Service again; that this Deponent and the Said George Warner Served again together in fort Dubois as a foresaid and in that Vicinity until Some time in July, then the Said George Warner was taken prisoner by the enemy; this deponent Testifies that a number of prisoners has been taken by the enemy; the father of the Said George Warner has been taken prisoner and taken him off to niagara he was about two Years a prisoner then came home and a number of our men was killed by the enemy

During these four Years Services; that the inhabitants of Cobels Kill had to move to Schoharie in the Lower fort in Schoharie to Save their lives after the inhabitants and the Soldier of the militia moved to Schoharie the enemy burned fort Dubois at Cobels Kill

put the Day or days when the Said George Warner rendered the Service and the Day or days when he was discharged this deponent cannot recolect

Sworn and Subscribed}
this 24th Day of December 1833}
before me Henry Shafer a}
Judge of Schoharie common Pleas}

[signature] Nicholas his X Mark Warner

I Henry Shafer a Judge of Schoharie common Pleas Do certify that Nicholas Warner who Subscribed and took the foregoing oath, that his is a man of credibility and to be believed on on oath.

[signature] Henry Shafer a Judge
of Schoharie common Pleas
Page 33

State of New York}
Schoharie County } Ss

Leonard King a united States Pensioner, a resident of the Town of Cobels Kill in Said county of Schoharie, being duly Sworn according to Law, deposeth and Saith, that he is well acquainted with George Warner the applicant to a claim for a Pension even Since the american revolutionary war

that in the Spring in the Year 1778, that by the command of col Vrooman, captain Brown company was called into the Service of the revolutionary war that the Said George Warner was one of the private Soldiers in capt Brown company in col Vrooman regiment that in May in the Same year, this Deponent and the Said George Warner and others was in a pattle against the Toryes and indians at Cobels Kill, that the Statement of the declaration of the Said George Warner are the truth; that this deponent and the Said George Warner was nine months in the Service at Cobles Kill and Schoharie, on the account of the enemy during that Summer was Lying about Cobels Kill and Schoharie, to morder Scale and to burn building, and to take prisoners, this are the reasons that he the Said Leonard King and the Said George Warner had to render the nine months Service; that the Said George Warner was a faithfull Soldier during the nine months Service.

That in the Year 1779, that this deponent and the Said George Warner and others Served Six months in fort Dubois at Cobels Kill and in that vicinity, on the account the nine months men and a part of the militia of captains Brown company had to Guard Said fort Dubois aforesaid on account of the enemy was Lying about there as aforesaid, this was the reason that the Said George Warner and others had to render this Six months Services in fort Dubois, aforesaid; that the the Said George Warner was a faithful Soldier during this Six month Service

that in the Year 1780, that this deponent and the Said George Warner and others; by the command of col Vrooman, and captain Brown was called into the Service again that this deponent and the Said George Warner and others of the militia in capt Brown company in col Vrooman Regiment Served six months a gain [again] in fort Dubois at Cobels Kil and in that vicinity
Page 34

[illegible] the Said [illegible]
On the account [illegible] Said fort Dubois on the account of the enemy was Lying about and around there to kill and murder Scalp and to take our people prisoners this are the reason that this deponent and the Said George Warner and others had to render the Six Months Service that the Said George Warner was a faithful Soldier During this Six months Services

that in the Year 1781, that this deponent and and the Said George Warner and others, by the command of col Vrooman and captain Brown, this deponent and the Said George Warner and others was called into Service again Served together in fort Dubois aforesaid and in that Vicinity until Some time in July, then the Said George Warner was taken prisoner by the enemy, and after peace came home the father of the Said George Warner was taken prisoner and a number of our men has been killed and Scalp and also a number has been taken prisoner by the enemy; that the inhabitants of Cobels Kill had to move to Schoharie, in the Lower fort of Schoharie to Save their Lives on the account of the enemy after the whole [illegible] and Soldier of the militia which Guarded fort Dubois aforesaid the enemy burned Said fort

Sworn and Subscribed}this 24th Day of December 1833}
before me Henry Shafer a}
Judge of Schoharie common Pleas}

[signature] Leonard his X Mark King

I Henry Shafer a Judge of Schoharie common Pleas, do certify that Leonard King who Subscribed and took the foregoing oath is a man of credibility on oath to be believed

Henry Schafer a Judge}
of Schoharie common Pleas}
Page 35

State of New York, Schoharie county Ss.  I John Gebhard Jr Clerk of the Said county, Do certify that Henry Shafer before whom the four annexed affidavits purport to have been sworn was at the date of the same one of the Judges of the court of common Pleas in and for the Said county: and that I am acquainted with his hand writing and verily believe his name subscribed to the Said affidavit, and certificates of credibility to be his proper hand writing and signature - Witness my hand and seal of office this 30th December 1833

[signature] John Gebhard Jr. Clerk
Page 36

[left column]

John Adams

[right]

In Vol 3. p 76

reved[?]
24 mapsi[?]

80 $[?]

Hon. Wm J adams [?]
Page 37

State of Newyork}
Schoharie County} Ss.

George Warner being duly Sworn according to Law, Deposeth and Saith in answer to Your Letter, that he the Said George Warner Did actually duly, truly, honestly, and faithfully Serve during each every term of Service which he did Service, that he was called out in to Service by the command of capt Brown and Nicholas Warner the Ensign of capt Brown company and Did Serve under the command of capt Brown and Nicholas Warner the Ensign of Said company as it is Stated in his declaration this Service was rendered on the account Cobels Kill was the [western?] frontier that the enemy Did during the Summer time Lay about Cobels Kill and Schoharie to murder, Scalp and to take prisoners and to destroy the property of the inhabidance that all the inhabitance of Cobels Kill had to move in fort Dubois on the account of the enemy this was the reason that he the Said George Warner and others had to Serve the terms Stated in his declaration to watch to Schout [Scout?] and to Guard the inhabidance in fort Dubois, and the Said George Warner has a number of occasional Services done and rendered that the whole of his Service under the command of capt Brown and Nicholas Warner the Ensign of Said company will amount to more than twenty four months, Services rendered in the revolutionary war

Sworn and Subscribed}
this15th Day of December 1834}
before Me for Henry Shafer}
a Judge of Schoharie}
common Pleas...}

[signature] George his X Mark Warner

I Henry Shafer a Judge of Schoharie common Pleas do certify that I am Well acquainted with George warner Subscribed and took the foregoing oath that he is a man of credibility that his affidavit is entitled to credit and believed--

[signature] Henry Shafer
Page 38

State of Newyork}
Schoharie County} Ss.

George Warner being duly Sworn according to Law deposeth and Saith that in the Year 1778 that he the Said George Warner and Nicholas Warner the ensign of capt Browns company and others Served nine months together in revolutionary war  Lawrence Lawyer Served Six months rendezvoused in the fiel at Cobels Kill that they was in actual Service that in May they was attached to capt Pattrick company, capt Pattrick was Killed in the battle at Cobels Kill our party Lost 22 Killed the Lieut and fifer [piper?] was taken prisoner by the enemy capt Pattrick's company was partly destroyed by the enemy rendezvoused in the fiel during the aforeSaid Service and was discharged

in the fall in the same Year, col Dubois with his regiment came to Schoharie in the winder [winter?] in 1778 + 1779 by the command of col Dubois and col Vrooman the Soldier of col Dubois regiment and Nicholas Warner the ensign aforesaid and that he the Said George Warner Lawrence Lawyer Henry Shafer, Johannes H Shafer now deceased and other build a fort at Cobels Kill which was called for Dubois at Cobels Kill that he the Said George Warner Nicholas Warner the Ensign and that he the Said George Warner Lawrence Lawyer and others Served at Least two months in building said fort

that in the Year 1779, that he the Said George Warner Nicholas Warner the insign of captain Brown company Lawrence Lawyer and others was called in the Service again that he the Said George Warner Nicholas Warner aforesaid Rendezvoused in the garrison of in fort Dubois at Cobels Kill Six months and the Said Lawrence Lawyer at Least three months in the garrison aforesaid and was discharged

in the Year 1780 that he the Said George Warner
Page 39

Nicholas Warner, Lawrence Lawyer and others was called in the Service again by col Vrooman and capt Brown Rendezvoused in the garrison in fort Dubois aforesaid Served Six months in the fall in the Said Service the enimy made an attack on Said fort Dubois the enemy Killed one of our min and take Six prisoners of our Men 

in the Year 1781 that in the Spring the Said George Warner Nicholas Warner and others was called in the Service again that the Said George Warner Served at Least three months until the 27 July, then was taken prisoner by the enimy at CobelsKill to niagara and was gipt there until the close of the war all the aforesaid Services that this deponent was in actual Service in the Revolutionary War and Served faithfully

the Said George Warner Says that he has no documentary evidence that has been informed that the original papers and documents appertaining col Vroomans Regiment and capt Brown company is destroyed this is the reason that he has no documentary evidence this deponent Says on his oath that after the conclution of the revolutionary war he called on col Vrooman, that he Seen his name on the original documents [Rusned?] on the document Gibt by col Vrooman

Sworn and Subscribed}
this 30th of April 1835}
before me Henry Shafer}
a Judge of Schoharie}
common Pleas}

[signature] George his X mark Warner

I Henry Shafer a Judge of Schoharie common Pleas do certify that I have been well acquainted with George Warner who Subscribed and Sworn to the fore Going affidavit is a man of credibility that his affidavit is entitled to full credit

[signature]Henry Shafer a Judge}
of Schoharie common Pleas}
Page 40

State of Newyork}
Schoharie County} Ss.

George Warner being duly Sworn deposed and Saith on his oath that all the Service Stated in his Declaration of this Deponant he was in duty bound to Service by and under the command of col Vrooman and capt Brown and the other captains named in this deponants Declaration or Else to be Layable to a punishment by col Vrooman and this deponant officer, Some of the Soldiers neglect to Serve[?] they were punished for neglect of duty, this deponant Says that he believes that col Vrooman had the power to inforce Such orders and Did inforce the Services Stated in this deponant declaration on the account because of the enimy during the Summertime the enimy Lying about Cobels Kill and Schoharie to murder Scalp and take prisoners and to destroy the property of the inhabidance this was the reason that the nine months Six months and three months Services was rendered and that col Vrooman inform Such Services, to Guard the inhabidance and their property; this deponint Says on his oath that he Did faithfully rendered all the Services Stated in this deponant declaration by the order and command of col Vrooman and other officers; and that he was hundred times in danger of his Live during the revolutionary war in defense of his contry[?]; this deponant Says that he whants no more as Justice done to him as in according to his Services in revolutionary war to obtain the Liberty of our contry

Sworn and Subscribed}
this 31st Day of August 1835}
before Me Henry Shafer}
a Judge of the court of }
common Pleas in and }
for the county of Schoharie}

[signature] George his X Mark Warner

I Henry Shafer a Judge of Schoharie common Pleas do certify that George Warner Who took and Subscribed the foregoing oath is a man of credibility and to be believed under oath and otherwise ---

[signature] Henry Shafer a Judge of }
Schoharie common Pleas}
Page 41

George Warner
Act of June 7, 1832
Admitted Jany. 18. 1834
and suspended September
4. 1834.
Geo. Warner dec'd. March
28, 1844 -
Suspension [reversed?] +
Certificate to be issued pay-
able to Henry Warner
administrator, further all
benefit of the surviving children
of said George Warner, to wit,
Henry Warner
John Warner
Marcus Warner
Peter Warner
Lana Mann
Maria W. Chesney
Nancy Wood
Caty Shafer +
George G. Warner.
Sum $80. a year from
Sept. 4. 1834. to March 28.
1844. Certificate to be sent to
R. W. Young present
Page 42

This case was allowed on the 18th. day of January 1834 at $80.- a year and was paid to the 10th day of September 1834 when it was suspended for the following reasons, to wit,

1.  The claiment was taken prisoner by a marauding party of Indians and Toris and not when he was a combattant.

2.  His name does not appear on a list of Prisoners of war entitled to pay returned from Canada in October 1782 and

3rd.  The reason's[?] for which the pension had been allowed was performed in self defence rather than the defense of the public.

The claimant alleges a Service of about twenty one months service in the militia at different periods he was taken prisoner when he was carried into captivity and retain until the close of the war service then ongoing. He proves his Service by [?]/writing and his last [?] by two writings all of whom are certified to be credible.

George Warner departed this life March 28, 1844 - and the followed named children were surviving[?]

Henry Warner  George G. Warner John Warner  Marcus Warner  Peter Warner  Lana Mann  Maria W. Chesney, Nancy Wood + Caty Shafer

Henry Warner administrator on the Estate of George Warner
Page 43

Henrich Schafer Jr
affidavit
Page 44

State of New York}
Schoharie County} Ss.

Henrich Schafer Junior a resedent of the town of Cobels Kill in Said county, being duly Sworn according to Law, deposeth and Saith that he has been well acquainted with Nicholas Warner the ensign and George Warner of capt Browns company and Lawrence Lawyer of Said company ever Since and before the revolutionary was that in the Year 1778, that the Said Nicholas Warner and George Warner Served at Least nine month and the the Said Lawrence Lawyer Served at Least Six months and they rendezvoued in the fiel at Cobles Kill in the revolutionary war this deponent Knows to his Knowledge that the Said Nicholas Warner George Warner and Leonard Lawyer Served the aforesaid Services in served[?] in 1778 and 1779, that Said Nicholas Warner George Warner Lawrence Lawyer Served the aforesaid Service in winden 1779 and 1779, that Said Nicholas Warner George Warner Lawrence Lawyer and other Served at Lease Each two months in building fort Dubois at Cobels Kill

in the Year 1779 the Said Nicholas Warner and George Warner Served at Least Six Months and the Said Lawrence Lawyer Served at Least three months rendezvoued in the garrison in fort Dubois at Cobels Kill

in the Year 1780, the Said Nicholas Warner George Warner Lawrence Lawyer and other Served at Least Each Six months rendezvoued in the garrison in fort Dubois at CoblesKill in fall in the Same Year the enimy made an attack on fort Dubois the enemy Killed one of our men and take Six prisoners of our Men in 1781 George Warner in actual Service was taken prisoner by the enimy  the inhabidance then moved to the Lower fort in Schoharie on the account of the enimy -  

continued
Page 45

Sworn and Subscribed}
this 30th Day of April 1835}
before me Henry Shafer}
a Judge of Schoharie}
common Pleas }

[signature] Henrich Schafer Junior[?]

I Henry Shafer a Judge of Schoharie common Pleas do certify that Henrich Shafer Junior who took and Subscribed and Sworn to the foregoing affidavit is a man of credibility and his affidavit is entitled to credit

Henry Shafer a}
Judge of Schoharie}
common Pleas}
Page 46

Lawrence Lawyer
affidavit
Page 47

State of Newyork}
Schoharie County} Ss.

Lawrence Lawyer the applicant for a Pension being duly Sworn according to Law Deposeth and Saith that in the Year 1778 that he the Said Lawrence Lawyer that he the Said Lawrence Lawyer George Warner Nicholas Warner the ensign of capt Brown company and others by the command of col Vrooman and capt Brown was called in the Service in the revolutionary war that he the Said Lawrence Lawyer Served at Least six months together with Nicholas Warner the ensign of capt Brown company and George Warner and other in May they was attached to capt Pattricks company  capt Pattrick was Killed in the battle at Cobels Kill in Said battle our party Lost 22 Killed  the fifer and Lieut was taken prisoner by the enimy  capt Pattrick company was partly distroyed by the enimy; that he was sent and the Said Nicholas Warner George Warner and others rendezvoused in the fiel at Cobels Kill and was in actual Service during the aforesaid Service and was discharged

that in the fall in the Same Year col Dubois with his regiment came to Schoharie in the Winder in 1778 & 1779, the command of col Dubois and col Vrooman the Soldiers of col Dubois regiment and he the Said Lawrence Lawyer George Warner Nicholas Warner the ensign aforesaid and others builded a fort at Cobels Kill which was called fort Dubois at Cobels Kill that he the Said Lawrence Lawyer George Warner Nicholas Warner the ensign of capt Browns company Served at Least two months in building Said fort and rendezvoused in the fiel in the Year 1779, that he the Said Lawrence Lawyer George Warner Nicholas Warner the ensign
Page 48

and others was called in the Service again that he the S[aid?] Lawrence Served three months at George Warner and Nicholas Warner the ensign aforesaid at Least Six months rendezvoued  and Served in the garrison in fort Dubois at Cobels Kill and was discharged

in the year 1781, that he the Said Lawrence Lawyer George Warner Nicholas Warner the ensign aforesaid was called in the Service again by the command of col Vrooman and capt Brown Rendezvoued in the garrison in fort Dubois at Cobels Kill that he the Said Lawrence Lawyer George Warner Nicholas Warner and others Served at Least Six months together in fall in the Same Service the enimy made an attack on fort Dubois the enimy Killed one of our man and take Six prisoner of our Men

that in the Spring 1781 that George Warner Nicholas Warner and others was called in the Service again  that George Warner was in actual Service until he was taken prisoner by the enimy

the inhabidance of Cobels Kill moved to the Lower fort in Schoharie on the account of the enimy in the Summer 1781 the Said Lawrence Lawyer Nicholas Warner, the ensign aforesaid and others was called in the Service again by the officir aforesaid that he the Said Lawrence Lawyer Nicholas Warner the ensign and others rendezvoused in the Garrison Served three months in the Lower fort in Schoharie

and in the Year 1782 that he the Said Lawrence Lawyer Nicholas Warner aforesaid and others rendezvouxed in the garrison Served three months in the Lower fort in Schoharie and that the Said Lawrence Lawyer Served and other occasional Services which is Stated in his declaration that all the
Page 49

aforesaid Service that Said Lawrence Lawyer Says on His oath that he was in actual Service in the Revolutionary War and Served faithfully that he the Said Lawrence Lawyer says that he has no documentary evidence that has been informed that the original papers and documents appertaining col Vroomans regiment and capt Browns company of the revolutionary war is destroyed  this is the reason that he has no documentary evidence

Sworn and Subscribed}
this 30th of April 1835}
before me Henry Shafer}
a Judge of Schoharie}
common Pleas}

[signature] Lawrence Lawyer

I Henry Shafer a Judge of Schoharie common Pleas do certify that I am well acquainted with Lawrence Lawyer who Subscribed and Sworn to the foregoing affidavit that he is a man of credibily that his affidavit is entitled to credit

Henry Shafer a}
Judge of Schoharie}
common Pleas}
Page 50

State of Newyork}
Schoharie County} Ss

Lawrence Lawyer a Sargeant of capt Brown company col Vrooman regiment, being duly Sworn deposed and Saith on his oath that all the Services Stated in his Declaration of this deponant he was in duty bound to perform and Serve, by and under the command of col Vrooman and capt Brown or Else to be Lyable to a punishment by col Vrooman and other officer; Some of the Soldiers neglect to perform their Services they was punished for neglect of duty: this deponant Did believe and do now believe that col Vrooman had the power to inforce Such Order and Did inforce the Services Stated in this deponant declaration on the account because in the Summer time the enimy Lying about CobelsKill and Schoharie to murder Scalp and take prisoners and destroy the property of the inhabidance 

this was the reason that col Vrooman inforce the Services Stated in this deponant Declaration to Guard the inhabidance and their property; this deponant Says on his oath that he did faithfully render all the Services Stated in this deponant Declaration by the Order and commant of col Vrooman and Other officers of the revolutionary War, and he was hundred times in danger of his Live During the Services of the revolutionary war in defence of his contry[?]; this deponant Says that he whants no more as Justice done to him as according to his Services in the revolutionary war to obtain the Liberty of our contry

Sworn and Subscribed}
this 31st Day of August 1835}
before Me Henry Shafer}
a Judge of the court of}
common Pleas, and the county of Schoharie}

[signature] Lawrence Lawyer

I Henry Shafer a Judge of Schoharie common Pleas do certify that Lawrence Lawyer who took and Subscribed the foregoing oath is a Man of credibility and to be believed under oath and otherwise

[signature] Henry Shafer a Judge}
of Schoharie common Pleas}
Page 51

Cobels Kill Septimbe 1[?]th 1835

Gentleman

I here with Sent You the affidavits of Nicholas Warner and George Warner hoping these Explanations in this affidavit Will be Satisfactory to Your honors to Restore Nicholas Warner and George Warner to the payment of their Pension Money Pleas to Sent me the result

I also Sent You the affidavit of Lawrence Lawyer  I hope the Explanation in his affidavit will be Satisfactory to Your honors to Grant him a Pension

Pleas to Sent me the result

Respectfully
Your obt Servent
Henry Shafer

hon Lewis Cass Secretary of the War department

" J. L. Edwards commissioner of Pensions
city of washington
Page 52

State of Newyork}
Schoharie county} Ss.

Nicholas Warner the Insign of capt, Browns company col Vroomans Regiment, being duly Sworn deposed and Saith on his oath that all the Services Stated in his Declaration of this deponant he was in duty bound to Service by and under the command of col Vrooman and capt Brown, and other captains named in this deponants Declaration; or Else by Lyable to a punishment by col Vrooman and this deponants officers; Some of the Soldiers neglect to Serve they was punished for neglect of duty; this deponant Says that it is opinion that col Vrooman had the power to inforce Such orders and Did inforce the Services Stated in this deponant declaration because on the account of the enimy during the Summer time Lying about Cobels Kill and Schoharie to murder Scalp and take prisoners and to distroy the property of the inhabidance

this was the reason that the nine months Six month and three months Services was rendered and that col Vrooman inforce Such Services to Guard the inhabidance and their property  this deponant Says on His oath that he Did faithfully rendered all the Services Stated in his declaration by the order and commant of col Vrooman and that he was hundred times in Danger of his Live during his Services in the revolutionary War in defence of his contery; this deponant Says that he whants no more as Justice done to him as according to his Services in the revolutionary war, to obtain the Liberty of our contiry

Sworn and Subscribed}
this 31st Day of August 1835}
before me Henry Shafer}
a Judge of the court}
of common Pleas in and}
for the county of Schoharie}

[signature] Nicholas his X Mark Warner

I Henry Shafer a Judge of Schoharie common Pleas do certify that Nicholas Warner who took and Subscribed the foregoing oath is a man of credibility and to be believed under oath and otherwise -----

Henry Shafer a Judge of}
Schoharie common Pleas}
Page 53

Hon. J. L. Edwards
Commissioner of Pensions
Washington
Page 54

In the matter of the application}
of [ul] George Warner [/ul] to be restored}
to the Pension roll under the Act}
of June 7, 1832.}

Albany  April 22. 1843

Sir,

George Warner of Cobleskill, an aged and highly respectable citizen, has  applied to me for assistance in prosecuting his Pension claim. From his representation it appeared that he was originally allowed $80. per annum under the Act of June 7, 1832. but that subsequently his name was stricken from the roll upon the ground that the service upon which he was allowed a Pension, and not Such as would entitle him under the Provisions of the Pension law: that is to say, he claimed + received Pension in consequence of his service guarding Cobleskill for, [ul]six months at a time[/ul], during the years 1777, 1780 + 1781 etc + he was finally stricken from the roll upon the ground that these terms of service could not be allowed, being Performed in [ul]self defence[/ul] + not for the ]ul] public defence.[/ul]

Upon questioning Mr Warner I find that he has a more satisfactory claim which he had never urged, to wit, [ul] for the time of his emprisonment in Canada. [/ul]  He was quite surprised when I informed him that Pension was allowed

(P. J. 6)

Hon. J. L. Edwards
Commissioner of Pensions
Page 55

for the time of imprisonment as well as that of actual service, providing the applicant was engaged in public defense when taken prisoner  The circumstances under which he was taken prisoner are as follows.  In the summer of 1781 a troop of Indians + tories under an Indian officer by the name of Abram Chrysler made an attack upon Major Beckers store house in Cobleskill  A detachment of Militia was immediately raised to appease + apprehend them.  [ul]George Warner[/ul] and his witness [ul]John King[/] were both of this detachment, which was under the command of their Lieutenant Henry Borst.  their Capt/Brown/ being at the time absent from home.  George Warner had sent his family to the fort for Protection but obtained leave to seperate himself a short time from the detachment to see if the enemy had disturbed his property upon his own farm.  Upon his way, he was taken Prisoner.

I would respectfully refer you to the accompanying Proofs that he was taken Prisoner while under arms, + upon a tour of Public defence;  John King swears to this expressly.  He was himself one of the detachment.  This detachment was raised upon a public alarm to oppose a public enemy.  George Warner [ul] obtained leave from his officers [/ul] to seperate himself a short time from the detachment. + with [ams?] in hand he was taken prisoner.  Warner says he thinks that he swore to this fact in his original declaration that he [ul]obtained leave from his officers[/ul] to leave the de-
Page 56

tachment.  He would not of course have been required to [ul] ask leave [/] if he had not been engaged in regular military service.  

Both the witnesses John King + Henry Knieskearn Swear that Warner was retained a Prisoner more than two years-  [ul]King[/ul] knew the Period of his absence.  [ul]Knieskearn[/ul] saw him while a Prisoner in 1782 + 1783.

Such being the facts (which I trust are satisfactorily found.) I would respectfully submit whether he is not entitled to the Pension which he formerly received even though he may be unable to establish a sufficient term of service.  + if so, I would request that instructions may be given that his Pension be Paid at the Agency in Albany.  He still retained his original Pension certificate signed by the Hon Lewis Cass.

I am Very Respectfully
Your Mo Obt Svt

[signature] Wm. B. Pierce
Page 57

In the matter of the applica-
tion of [ul]George Warner[/ul] to be}
restored to the pension roll un- }
der the Act of June 7, 1832.}

Albany  August 15, 1848.

Sir/

I would respectfully inform you that upon the accompanying [ul]"return of Servise record[?]"[/ul] (No 260) is found the name
of the above applicant.  I enclose a [ul]copy[/ul] of said return, as I am not at liberty to keep the original, which I borrowed of the Attorney of the Executer of Govenor George Clinton + which was found among Governer Clintons papers. I will thank you to return the original.

Said return contained the name of Lieut Colonels  3.  Major 1. Captains 13  Lieutenants 12.  Ensign 5 + Privates 466. which were offered + returned in [ul] Exchange.[/ul]  Now I would respectfully submit whether said individuals could be [ul]held[/ul] and [ul] exchanged[/ul] as prisoners of war, with a rank assigned to each, unless captured while Serving in a Belligerant capacity.  Whether [ul] peaceable citizens [/ul] could be [ul] captured,[/ul] a [ul] rank assigned to them, held + exchanged[/ul] as "[ul]prisoners of war[/ul].  In this view of the case I would to respectfully Submit the above application

I am Very Respectfully
Yr Mst Obt Svt
Wm. B. Pierce

Honl J. L. Edwards
Coms of Pensions
Page 58

Washington
April 23. 1845

Sir,

I beg leave to present for Your decision an appeal from the Commissioner of Pensions on the Case of George Warner of New York; to the strong + peculiar merits of which I would invite Your attention, as one in every Way demanding the Justice + interposition of Your Tribunal.

George Warner was pensioned under the Act of June 7. 1832 at the rate of $80 per annum and was cut off in 1835, upon the ground, that the Service of which he Claimed was not admissible.  By referring to the documents on file, you will find it Sustained that he Served [ul]two,/ul] Years in the Militia.  He also proved that he was taken prisoner [ul]while under arms[/ul], by John King a fellow Soldier + a Credible Witness. He has also Shewn by Said King and a Witness Named Knieskearn that he remained in Captivity [ul]more than two years[/ul]  But to this latter fact, Mr.[?] Edwards opposes the argument that he requires Such evidence from the Public Records at Albany. Where Records
Page 59

do not embrace the name of George Warner nor of [ul] one tenth part [/ul] of those who Were taken prisoners, while on duty in the Army.  And I must be permitted to ask With all deference, if it is a Sufficient ReaSon, because Your archives are imperfect or impaired, When We offer credible testomony of an important fact, which they [ul] might [/ul] be expected to contain and happen to be deficient in that therefore the Rights of individuals must be infringed upon by the application of a contracted + tyrannical principle, Without written Reason or Justice.

But again, granting for arguments Sake, that this rule laid down by Mr. Edwards is a Valid one, is it to be understood that 4 captives are to be made according to the temper of the Judge or at the Will of his Subordinates - If the doctrine is good for any thing in one case, let it apply to all of the Same description.

I submit to You In that Pensions Even[?..] + I appeal to the Records for the proof, in the Case of John Bitely and the Widow of Henry Bitely - they claimed and Were allowed for [ul] Similar[/ul] imprisonment and Yet the Names of Neither, can be
Page 60

discerned upon the Records at Albany - Such also is the history of Benjamin Knapp's Case and of Many others, Which upon in  Vestigation might be Made to appear.

George Warner has a double Claim for Service + imprisonment and Yet his pretensions are Denied for the Same Cause that admits others - this is a System of double handed Justice, Killing With one hand + Caring With the other, which I confess my inability to appreciate + which I beg to refer to your better discrimination.

In addition to the affidavits of King and Knieskearn a Cartel of Prisoners Sent from Quebec in 1782, was offered to the Pension Office, on Which the Name of George Warner of New York appears  To this Mr Edwards interposes the objection, that the witness asserted that he returned in 1782 + therefore that the persons are not identical - Our reply is that if the Witnesses + the declarant in this Case, are able after a lapse of fifty Years to declare positively to dates, even So Near as a few Months, particularly in the Case of Common Soldiers, they are far in advance of the people of our times - But Even Continued further the that an [ul] impartial] Scrutiny
Page 61

of the archives in the Pension office Will Not Sustain any National discrepancy.

M122 | A part of the Service originally Claimed by Warner, Was asserted by Mr Edward to be a [ul] private[/ul] + not a [ul] public [/ul] character, Such as is required to entitle to pension. 

You Will observe by the original Letter of Col. Vroman, Which I enclose herewith (the colonel under whom Warner Served) that he Classed his Regiment of militia for Eight Watches. A portion of Warner's Services was Such in this, that is, the 0 + 9 Months Service. But Should not a private thus ordered out by his colonel, Whom he care[?] not be force to Obey be presumed as for other Service?

This Case Seems to me to admit of No doubt + I trust therefore that George Warner's Name Will be Restored forthwith - As I expect to leave the City in a few days, I Shall be satisfied to receive Your decision in at as early a day as practicable

Yours Truly

W B. Maclay

W L Marcy
Page 62

Geo: Warner's Case

Geo: Warner's Statement}   |   in 1775 fall of the year served [ul]8[/ul] days in Capt: Mann's Co: N.Y. Mil: Col: P. Vrooman

   |   8 days

2'd   |   Served 3 Mths in Spring of 1776 under Capt: Jno: Bourk:  Col: Vrooman N.Y. Mil:  3 Mths. in fall of same year 76 in Same Co:  Wk 1"

3'd   |   in spring of 1777 in Capt: Mann's Co:  Col: Vrooman    Mil:  0.  15 days
"fall of 1777"   "Brown's  "   "   "  6.00
   |   "

4   |   in 1778 Served in Capt Brown's Co:  Col: Vrooman.  9.00

5   |   " 1779  "   "   "  "   "   9.00

6   |   "  1779  "   "   "  "  "  6.00

7   |   " 1781 Entered Capt: Brown's Co: in the Spring + Served until 27 July when the Indians took him prisoner + kept a captive "until peese", then came home -
Page 63

In the Matter of George Warner -- N. Y. -- Proof:

Declaration   { Fall 1775 -- Capt. Mann's Co. }
1833 - 75 years old - {     } 8 Days
1st.   { Col. Vrooman N. Y. Mil. }

{ Spring 1776- Capt Bourk's Co.}
2nd   |  { Fall 1776 - "   "  } mos

{  Spring 1777 - Capt Mann's Co. } mos
                                                     } 6 1/2
3rd   {  Fall 1777 - " Browns " }

{     } mos.
       } 9
4th   |  {In 1778  Capt Brown's Co}

{     } mos.
{     } 6
5th  {  In 1779     Do }

{     } mos.
{     } 6
6th  |  {  In 1780    Do}

{       L. Lawyer }
        Peter Shafer, N. Warner}
        L. King - John King}
7th  |  {  in 1781 - Spring    Do. } Henry KneesKern, saw him in Canada in 1782.  1783 - + accompanied him back in 1783 to his home
Page 64

New York
June 4. 1845.

Sir

In answer to your communication of the 29th of April, enclosing a Report from the Commissioner of Pensions to other persons[?], concerning the case of George Warner of New York, in which I appealed for Your decision, I beg leave to present Some additional facts, Which to my jugment, are of Such as character, as to call forth a speedy +[Libition?] of that justice to the Claimant from which he has been deprived + I Shall Strive to Justify Your Mind of the undoubtedness, of my position, by the process of Reasoning, that has Convinced My own.

The Commissioner of Pensions, entirely misapprehended Me, in supposing that the Claim of Geo Warner was rested upon the argument of "Service" or that Such Way the the distinct ground for the assertion of his rights and therefore his elaborate answer falls to the ground, from its own now - rectify. I Should have greatly preferred, that he had met the [ul]point[/ul] Controversy and not expended So much reasoning upon matters, only incidentally involved in the issue.

George Warner of New York, Was a [ul] prisoner in Canada [/ul], + for this imprisonment alone/added to the Short terms of Service established by the Rolls/ Say he Claim a Pension.

The issue is Simply this, Was George Warner on duty as a [ul] Soldier [/ul] When taken Prisoner?  I contend that he was and the fact has been established by the most ample
Page 65

testimony.  [ul] John King [/ul] a respectable Witness Swears, that George Warner Was [ul] under arms [/ul], When taken Prisoner.  It was a Season of public alarm.  The enemy had attacked the Settlement + the Militia Men called out to repel the invasion This was [ul] not [/ul] the ordinary garrison Service in Fort Dubois - It was [ul] public [/ul] Service and as Must Do, as any performed by the Militia during the War of the Revolution.  John King [ul[ Swears [/ul] that they Were called out by the Regular Militia officer and While out Said Warner Was taken Prisoner.  This Sort of Service, I repeat was [ul] not [/ul] performed in Fort Dubois, but Was accounted [ul] public [/ul] to be paid by the State of New York at the Close of the War.  In other Words, he was on duty as a [ul] Soldier [/ul] when taken, which Clearly entitles him to the Pension or also the witness has committed deliberate perjury, Which the Commission, I presume, Will hardly be Willing to Charge.   He has Met this [ul] direct [/ul] testimony by Calling into xistence the presence of a Rule, Not applied to others + destroying a proof by the demand for evidence from records Not in xistence or Not to be discovered.

Now to Substantiate[?], that George Warner was [ul] not [/ul] -- taken prisoner as a [ul]Soldier [/ul] the Credibility of an Witness.  Must be impeached on the [ul] perfections[/ul] of the Records at Albany affirmed - Neither is done + Yet our Cause is dismissed, Without a Show of equity or Justice.

In Support of the Statement that Warner Was taken Prisoner as a [ul] Soldier [/ul], I referred to a cartel of Prisoners Submitted to the Pension office, upon which the Name of George Warner of [ul] New York [/ul], as a [ul] private [/ul] Was duly entered.     No 260 of Said Cartel bore the
Page 66

Name of George Warner of New [ul] York [/ul] and No 286 the Name of George Warner of [ul] Vermont [/ul].  To this [ul] all-important [/ul] fact the Commissioner Says No farther attention, thereby [dessorting?] that [ul] our [/ul] "George Warner belonged to Vermont".[/ul]   In a matter of Such Consequences, When every [ul] fact [/ul] that bore upon the proof in establishing the Identity + Claim of the individual, Should be Strictly Regarded.  I am not a little Impressed, that the Commissioner, Should have ben satisfied that a casual + xamination of the Cartel in question + I trust that he may be induced under my urgent solicitation, to refer to No [ul] 260 [/ul] of that Document, in order to discover Whether the Name of George Warner of [ul] New York [/ul] the claimant is Not entered + if so, I Shall be pleased to understand the [illegible], You Confounding him With an individual of the Same Name in Vermont + there Virtually impeaching the truth + destroying the Justice of his demand.

The Commissioner Contends, that if a [ul] soldier [/ul], he Was Paid as Such during the period of his captivity and also that proof Would be found to that effect in the public office at Albany.

The case of the [ Bleby ?] were cited to Show that there Were persons who were Soldiers and taken Prisoners under arms like Warner Was and Who have received [ul] Pensions [/ul] therefor, but Whose Names [ul] do not appear [/ul] upon the Records at Albany.    

Now I am quite Willing to admit, that every Case, Should rest upon its own Merits; but I also Contend that in a [ul] class [/ul] of Cases, depending upon the Same principle, to be go
Page 67

Formed by the Same testimony and conducted under the same regulations, that the rule in one Case should be the rule in all + that the Commissioner has No legal right to exercise a discretion, requiring proof in one instance that he does not demand in another, where the Vital [Fments?] of each are identical.  

I contend further, that if the Biteleys were entitled, So is George Warner, because he has Made his case as fully + effectually to the Commissioner Shall not retire behind a galvanized principle to deny Warner Justice or to authorized the + xception to his previous policy.

It can be sustained in a Court of law that the Records at Albany (N.Y. Rolls) are so imperfect + disordered, that nearly [ul] one quarter [/ul] of the Soldiers, who were taken prisoners, are not entered therein + this fact is of Such Common Notoriety, that it can Scarcely, have escaped the Knowledge of the Commissioner

7
Page 68

Albany N.Y.
June 17, 1845.

Sir

The case of George Warner (formerly a Pensioner of the United States, but stricken from the roll in consequence of Some portion of his service having been improperly allowed) has, I am informed, recently been precedented to the Secretary of War on appeal from your decision.  From your report to the Secretary (which I have seen) I observe that Judge Sharer[?] who formerly had charge of the case, had, upon a former appeal, employed language grossly disrespectful towards yourself +  your decisions therein.

Being myself recognized as an agent in this case I feel constrained and assure you that I by no means endorse any of the Acts or arguments of a former agent.  When the case was first submitted to me I Saw clearly that the grounds upon its merits had formerly been arranged was entirely untenable + so far from complaining of your decision, I was persuaded that it was just + equitable).  The rejection of the claim of a meritorious applicant must necessarily be an [rensiosular?} act + common candor should suggest of the motives than those charged by Mr Shaver to account therefor.  Whatever may be my errors in judgment I trust I shall not be found deficient [?] jintleman by Courtesy

My argument in this case was based upon the fact that Mr Warner was taken prisoner while in the Service, having been called out by his regimental officer to repel an invasion of the enemy, as 

My argument in this case
Page 69

found by the affidavit of John King) a fellow soldier.   This evidence, supported by the fact of George Warner's name appearing upon a cartel of Prisoners exchanged, I thought to be sufficient to establish the claim.

The now appearance of his name upon the public records at Albany I argued was not conclusive evidence against the claim, in view of the notorious fact that these public records are materially imperfect.  I cited the cases of [ul} John + Henry Biteley [/ul] both of who were prisoner while in service, have both been pensioned,) but who names do not appear upon the public records.

These facts I communicated to Mr Harvey of Washington [ul] many months ago [/ul], + desired him to urge the claim upon them.  It seem that he as [ul] recently [/ul] presented it through Mr Maclay of New York claiming the [ul] Service [/ul], not [ul] imprisonment [/ul], as the merit of the claim.  The [ul] above alone [/ul] being my argument in the case, if it can be allowed therefor it is proper that the certificate should be forwarded to me.  If however your decision is final that a certificate from the public records can alone establish the claim, my efforts
Page 70

in the case are at an end, + for whatever further achive may be had therein I do not hold myself responsible.  Indeed it is my desire + determination hereafter, as feasible, the Solicit no intervention between myself + the Department in cases wherein I am recognized as agent, having no desire that the "influence of station" should interfere with the due course of justice towards any applicant.

I am Sir

Very Respectfully

Your Obt Servant

[signature] Wm. B Pierce
Page 71

New York

July 9. 1845.

Sir:

I had the honor to address to You a Communication, Several Weeks ago, during your absence from Washington, Setting forth several important additional facts in the case of George Warner of New York, upon Which an appeal had been taken before Your Department.  I feel Satisfied that a Careful xamination of the abundant testimony + data Submitted in this case, Will produce the same conviction upon Your Mind that has Settled upon my own - [illegible] of the entire justice [illegible] of the entire Justice [illegible]

This individual Was Stricken, (as Many others have been), from the Pension Roll, Without one particle of New evidence or justification + upon precisely the Same testimony, Which authorized the original allowance.  I Shall forbear at this moment, from enlarging, upon What I Conceive to be the dangerous precedent of reversing decisions of this character + interfering[?] recorded judgments which ought to stand upon as Substantial a basis as those of our highest tribunals.  It may ever be a Question, Whether the Commissioner of Pensions is Vested With a discretion + xtraordinary + xensive - But in
Page 72

argument [?], it is an authority, that Should be exercised[?] With a discrimination the Nicest + most prudent

Judging by the tone of the last Letter from the Commissioner of Pensions, I reason that he has confounded the identify of George Warner of New York with that of George Warner of [ul] Vermont [/ul] - at all accounts, his argument to destroy to Claim of Warner of N.Y. is rested upon the Mistaken allegation, that he belonged to Vermont.  This misapprehension, proceeding from Whatever Cause it May, is too Serious as one, not to be Considered as it deserves [Said 1 yr?] therefor.  that reference Will be had to the evidence on file in Mr. Edwards affi[davit] for this purpose of convincing him + yourself, that a Very palpable error has been committed.

I Shall be obliged, if it be Convenient for You to give this Subject Your early Consideration.

I have The Honor to be Sir
Very Respectfully
Your obt Servt

[signature] W B Maclay

Hon W L Marcy}
Sec'y of War}
Page 73

Pension Office
July. 8'th 1845

Commissioner of Pensions

Report in the case of
George Warner.
Page 74

Pension Office
July. 8'th 1845.

Sir,

I have the honor to return you Mr. Maclay's letter commenting upon the report from this office to you of the 21'st[?] April last in the case of George Warner, and in reply would remark that few cases have undergone a more thorough examination, and that there is not one in which the decision has been made more understandingly.  The pressures of business will excuse me to the author of this letter if I decline following him in his extended remarks and deductions.

Was claimant a combatant in Service when he was taken "alone" and carried off to Canada by a marauding party of Indians and Tories?  His own testimony discredited by the records as to his [ul] Service [/ul] is of no weight on this point, and that of his only witness taken ex parte, is overruled by the Silence of the lists of [ul] prisoners of War [/ul] entitled to pay.  This letter assumes that
Page 75

the list is imperfect.  This is not Sustained by any information or opinion.  The cartels of exchange brought new women and children who had been [ul] abducted [/ul], -- they were not entitled to the pay of actual Service then, as to pensions now which are graduated to the [ul] half pay [/ul] while in Service or captivity.

The combatants taken in Service were [ul[ paid [/ul] for the whole period of captivity.  The evidence of this [ul] pay [/ul] to claimant is required, and evaded by assuming that the Silence of the record which Should furnish that evidence affords no ground against the claim because those records are imperfect.  Upon a re-examination of the Cartel lists it does appear that there was a George Warner from New York, but he returned in the cartel of October 1782 by Lake Champlain, While claimant according to his own Sherring, and witness's statement, remained in Canada to the fall of 1783.

I have the honor to be
Very respectfully
Your Obt Servant

[signature] J. L. Edwards

Hon W. L. Marcy
Secretary of War
Page 76

Brief in the case of George Warner
Schoharie County and State of New York
act of June 7th 1832
_____________________________________

Claim, ("original," or [crossed out]"for increase.[/cross out)  this claim was admitted on the 18th day of January 1834 at the rate of Eighty Dollars a year and was paid to the 4th day of September 1834 when it was suspended

[crossed out] Proof exhibited, (if original. [end cross out]

and the said George Warner deceased on the 28th day of March AD. 1844.  The claim is now prosecuted  by his children. --

Is it documentary, traditionary, or supported by rolls?  If either, state the substance.

The claimants prove by five witnesses, all certified credible, that George Warner served about twenty one months in the militia in actual Service in the Revolutionary war, that he was taken prisoner by the Indians and Tories and carried to Canada and detained until the close of the war nearly two years.  This claim was suspended for the follow reasons to wit, 1st The said George Warner was taken prisoner while alone by a marauding party of Indians and Tories, and not while he was a combattant.

[crossed out] Has additional evidence been filed since the admission of the claim?  If so, what? [end crossed out]

2.  His name does not appear upon a list of Prisoners of war returned from Canada entitled to pay in October 1782, and 3.  The service for which he was allowed was performed in self defence and not in defence of the public. Believing that neither of these excuses are fairly deducible from the evidence in this case I am of opinion [cross out] and Hem fire client ?[/cross out] that said suspension should be reversed, and that the arrears of pension due said George Warner at the time of his [illegible], being $80.00 a year from September 4, 1834 to March 28. 1844, be paid to Henry Warner his administrator for the sole use of his surviving children. --

Name and residence of Agent

R. W. Young Esq
Present

[crossed out] Examining Clerk. [/crossed out]
Examined + allowed
By L P Waldo [illegible]
Page 77

The returns from the Pension Agent at Albany, N.Y. show that George Warner [illegible] for,[illegible] at $80 per annum, under Act 7 June 1832, was paid to the 4th Sept 1834, then suspended
Page 78

New York June 4/45

W B Maclay

Presents addl facts in
Support of his appeal in
case of Geo. Warner.

M. 188, Rec June 9/45
Pension Office
Page 79

+ Pensions.  Make perfect these Records + [ul] then [/ul] we Will prove all that the Commissioner requires - until then, we ask to be governed + judged by the constible testimony that is offered, or at least to be placed upon the [ul] Same [/ul] footing, that has governed the [ul] Same [/ul] Commissioner, in cases involving xactly the [ul] Same [/ul] principles.

I urge therefore, that having proven by a respectable Witness + [ul] fellow Soldier [/ul] that George Warner Was on duty as a [ul] soldier [/ul], When taken prisoner and his Name appearing as a [ul] private [/ul] upon a Cartel of Pensions, he is entitled to Pension for the time of his imprisonment + the non-xistence of Records, Should Not var his claim, especially in View of the Well established fact that the Names of but few of the Soldiers Who Were taken prisoners, are [ul] to be found [/ul] in these [ul] Records [/ul].   If the Claim of George Warner is rejected after these Points have been fairly Weighed, I shall have Nothing further to Say at [ul] Your [/ul] tribunal.  The Claim is a just one + if treated With the impartiality and Candor, Which Should influence judgment upon Cases of this Sort. I have No Question of its admission.

I hope Sir, it May be found Convenient to afford me an early Reply.

I have the honor + [?]
Very Resp'y

[signature] W B Maclay

Hon W. L. Marcy}
Secy of War.
Page 80

Washington  June 6'th. 1853.

Sir

In the month of Dec last I filed the declaration of a Son of George Warner to obtain the arrears of Pension due his father.  Warner was pensioner under the act of 1832 and rec'd the same up to Sept 1834, When he was Struck from the Role.  I have not read all the letters sent from the Pension office in relation to this Case, but those that I have read disclose the fact very manifestly, that Warner was most ill treated_  The evidence clearly shows, that he was a meritorious Soldier_ in Capt. Brown's Company Col Vrooman's Regt of N. York; that after Serving at intervals for service months, [ul] While in actual Service. [/ul] near Coble's Kill in Schoharie County et. [illegible] he was Captured by the enemy in the Spring of 1781, and Carried as a Prisoner of War to Canada. Among the records of the Pension Office there is a list of Prisoners [illegible] X  Sent from Canada by [ul] Cartel [/ul] in Octr 1782.  This list expressly states the rank of each man, and No. 260 in the
Page 81

name of George Warner of New York as a private. There cannot be a doubt about the identity of Warner. The evidence on file is most abundant to show that George Warner was made a prisoner of War, and before stated, and the list of Prisoners exhibits the fact that a man of that name + private in Rank, from the State of NY. was rec'd in Canada as a prisoner of War, for he was so sent home in Octr 1782; I therefore ask the allowance of the claim for the arranged due to the time of his death.

Very respectfully
Your Obt Svt
[signature] R. W. Young

Hon. L. P. Waldo}
Comm of Pensions}
Page 82

Case of
Geo. Warner



The list of Prisoners referred to in my Statement of this Case can be found in Col [?]Vrooms - "A [ul] list of Canada Prisoners [/ul] --

R W Young

Recd July 10. 1853 --
to be rexamd__
Page 83

Pension Office
July 8'th. 1853.

Sir:

You are aware that George Warner, who was pensioned from New York, was stricken from the roll of pensioners, upon the ground that he was improperly allowed.   After a long correspondence with various agents, an appeal was taken to the Secretary of War, on the 26'th of April, 1845, who affirmed the decision of the Office.   This Office cannot now go behind that decision, without the production of evidence, which, if it had been before the Secretary, would have induced him to reverse the decision of the Office.   Such testimony has not been adduced.   Indeed, no additional evidence has been filed, but the whole case stands now just as it did when the appeal was taken, and the Secretary's decision made upon it.

I regret that this fact was overlooked when my report of June 17" ult. was made to you.   But you will, doubtless, see the manifest propriety of the present view of the case.

I am, respectfully,
Your Obt Svt,
[signature] L P Waldo 
Commissioner

R. W. Young, Esqr.
Present.
Page 84

Report to Commr.
in the Case of
Geo. Warner

Augt 5. 1853


A H Evans
Page 85

In the Matter of Geo. Warner -
[ul] New York [/ul]

I find that claimant proves 21 Months Service by [ul] five [/ul] different witnesses __ all certified credible to wit: 7 months in 1778 __ 6 months in 1779 and 6 months in 1780.   One witness proves two months additional service during service in the erection of Fort Dubois --

All the witnesses including the ensign of the Co. agree that Geo. Warner was taken prisoner by the Indians + Tories in July 1781 -- and retained in Captivity during two years.   They testify that he was in [ul] actual Service [/ul] when Captured.   Henry Knieskern testifies that he accompanied him back from Canada in the fall of 1783 - and all the witnesses agree that he was in Canada at least [ul] two years [/ul], or until [ul] Peace.[/ul].  He therefore can not be the man whose name is on the Cartel of Prisoners, as he returned in 1782. -

There is no doubt however that he performed the 21 months Service, + was taken prisoner + retained in Captivity a long time.     The question then arises "Why was his  pension Suspended?"

From the report made in this case
Page 86

to the Hon Wm. L. Marcy, then Secy of War, dated July 8 1845, I find the following reasons for Suspending the said claim.

1.  The claimant was taken "alone" by a marauding party of Indians + Tories + carried off to Canada -- therefore, could not have been in public service.

2.  The list of Prisoners of War, [ul] entitled to pay  [/ul] does not contain his name - therefore his claim to an allowance during imprisonment was rejected.

The Services which had been proven and for which the pension had been allowed - were afterwards objected to by the Office as "they were performed in Self defense rather than in public defence."

The proof is positive that Warner was in Service at the time he was captured - and Captains are more frequently taken [ul] alone [/ul] than in Company.   When Genl Santa Ana was taken prisoner after the battle of San Jacinto, he was entirely "alone" - but I never heard it questioned that he was a "prisoner of war" in consequence of being taken [ul] alone."[/ul]

The correspondence on file in the case, between Gov Clinton & Col. Vroman - the colonel of Geo Warner's regiment, proves
Page 87

that the Said regiment was classified and kept in almost Constant Service by express orders from the Governor.    The requisition for the Army in the field had left but a Scanty defence for the frontier.  But surely those who were required to remain and grapple with the wily Indian, and defend the families and property of those who were called away, performed as meritorious service as any performed during the war

This was the character of George Warner's Services - and it was while engaged in protecting the frontier against the tomahawk + firebrand that he was captured and carried a prisoner into Canada. --

I would allow a Pension for two years Service --

[signature] A. H. Evans
Page 88

Surrogate Court.
______________________________________

Letters of Administration in the matter of
George Warner
Late of the town of Richmindville 
Schoharie County, deceased.
________________________________

Issued, July 20__ A. D., 1853.

[signature] D Lawyer
County Judge.
Page 89

THE PEOPLE OF THE STATE OF NEW YORK,

By the Grace of God, Free & Independent:

To Henry Warner, one of the heirs at law of George Warner, deceased, late of the town of Cobleskill in the County of Schoharie, + State aforesaid. - SEND GREETING

Whereas the said George Warner ------
as is alleged, lately died intestate, being at or immediately previous to his death an inhabitant of the County of Schoharie and State of New York.

having, whilst living, and at the time of his death, goods, chattels or credits within this state, by means whereof, the ordering and granting administration of all and singular the said goods, chattels and credits, and also the auditing, allowing and final discharging the account thereof, doth appertain unto us:  And we being desirous that the goods, chattels and credits of the said deceased may be well and faithfully administered, applied and disposed of, do grant unto you the said Henry Warner

full power by these presents, to administer and faithfully to dispose of all and singular the said goods, chattels and credits; to ask, demand, recover and receive the debts which unto the said deceased did owe, so far as the said goods, chattels and credits will thereto extend, and the law require:  HEREBY requiring you to make, or cause to be made, a true and perfect inventory of all and singular the personal property and effects of the said deceased, which have or shall come to your hands, possession or knowledge, and the same so made, to exhibit or cause to be exhibited into the office of the Surrogate of the said County of Schoharie at or before the expiration of three calendar months from the date hereof:  And also to obey all orders that may from time to time be made by the County Judge of the County of Schoharie, or other competent authority, touching the administration of the estate hereby committed to you.  And we do by these presents, depute, constitute and appoint you the said Henry Warner

Administrator of all and singular the goods, chattels and credits which were of the said George Warner deceased.

In Testimony Whereof, We have caused the seal of our Surrogate 
Court to be hereunto affixed:
WITNESS, Demosthenes Lawyer, County Judge of the County of Schoharie, 
the Second day of July 
in the year of our Lord, one thousand eight hundred and fifty three
and of our Independence, the Seventy Seventh

[signature]  Demosthenes Lawyer County Judge.
Page 90

Washington   July 6th. 1853.

Sir

Referring to your letter of record State[?], in a [illegible] to the case of George Warner and asking evidence to show who the surviving children of Said Warner are, I have the honor herewith to transmit the enclosed papers to meet the requirements of the Office.

Very respectfully
Your Obt Svt
[signature] R. W. Young


Hon Loren P. Waldo}
Com'r of Pensions}
Page 91

[postal stamp]

Albany NY
Jul 
8
3PAID

To the Pension office's
at Washington
Page 92

Albany  July 11'th  1853

To the Pension offices at Washington I have been [illegible] that the said[?] Money at the office for George Warner of Cobleskilll Schoharie County State of New York as Pension Money for him or his heirs  will you be kind enougff to Enform me as to the fact - it has also Been Said that one Henry Warner of the Same Plas and a Son of George Warner had obtained the money and had not yet given any account to the Rest of the heirs who are Very anxious to know the circumstances of the case -- this George Warner has been dead about Eight years - if this Henry Warner has Received the Money at all it is within Six Months -- Gentlemen a Reply from you given me Some knowledge is requested to the matter will much oblige

Yours Very Respectfuly

[signature] James H. Warner
Page 93

[very faded image]

Albany  Sept 13th 1853
To the Pension office at Washington

Dear Thomas ... yours of Sept 7 1853 is at hand Stating to me[?] Henry Warner administrator for the Surviving Children of George Warner, Deceased, Said had received a certificate of Pension and it was Sent to R. W. Young Agent  will you have the goodness to write me how much money the certificate allowed financial[?] like to know from you no one of the children know of this being about Pension Said[?] Henry[?] Warner because of his being administrator without that of knowing 
[illegible]

...these furthermore are the reason of my troubling you with his letter and of ..... the amount of money allowed in the certificate you will ....

Yours with much Respect,
James H Warner
485
Broadway/
Albany






Yours With Much Respect

[signature] James ? Warner
Page 94

Washn. Apl 23/45

Hon. W. B. Maclay

Appeal on pension claim of John Warner.

M122. Rec Apl 224/45
Pension Office

um 

[ul] unimportant [/ul]

Wash[?]
Arvd[?] 29 Apr 18?.5

9
Page 95

3-871.
_______________

RECORD DIVISION.
Department of the Interior,
BUREAU OF PENSIONS
__________

Briefed by L. D. L
Claim No................................
Certificate No. ......................
Claimant .................................
Soldier George Warner......
Service N. Y............................
Additional Service...Rev.War
......................................................
No ....... claim, State records ......................, 190...
No claim, combination records........., 190....

REMARKS:

No claim, except
I.# 28932
....................................................
....................................................
....................................................

..................................

0-8                        Chief Division
Page 96

Declaration

+

Proof of service
Page 97

Pension Office
August 1 1853

Your power of Attorney in the case of
Ribbey [illegible] of Jacob

14.2.8 -- 7.2 -- 1.3.5 -- 7.20
[crossed out] 24.  80 [end cross out] 12.40 - 7.3/3

3.33?
7_____
23.33
Page 98

State of New York}
Schoharie County} Ss   Johannes Koreny (alias John King) of the town of Summit in said County of Schoharie being duly sworn deposeth and saith that he was born on the twenty seventh day of May 1764. so that if he lives until the 27th day of May next he will be seventy nine years of age. That when this deponent was sixteen years of age to wit in the year 1780 he enlisted into the Army and service during the term of three months. That two years afterward he again enlisted into the Army under Capt Gray + Col Van Schaick. This was in the year 1782 That during the intervening year 1781 this Deponent was regularly enrolled with the Militia under Col. Vrooman + under Capt. Christopher Brown.  That as long ago as this deponent can remember or before the War of the Revolution he has been well acquainted with George Warner who was a neighbor of this deponent in the said county of Schoharie + has continued as such until the present time,  That this deponent well remembers that said George Warner served upon divers occasions with said Militia under said Capt Brown + Under Capt John Bourk of said Regiment many years before this deponent was old Enough to enter the Army but Deponent more particularly remembers that in the year 1781 the first year that this deponent served with said militia to wit in the spring of said year the said George Warner served in company with deponent  That they were often called out to protect the fort at  Cobleskill and to perform garrison duty therein until the Summer of said year, when a detachment was formed under Lt Henry Borst of said company of Capt Brown to apprehend Indians + Tories who were committing depredations in the vicinity.  That said George Warner being one of said detachments raised at Cobleskill for the purpose aforesaid + being armed and on duty there was taken prisoner by said Indians + Tories and taken by them to Canada  That at the time he was thus taken he was apart from said detachment but being very shortly mission search
Page 99

was made and it was discovered that he had fallen into the hands of the Enemy.  That Capt Brown was absent when said detachment was formed so that his Lieut Henry Borst took command. That after said George Warner was thus taken prisoner + taken to Canada he remained there and was detained in imprisonment until the close of the war or for a period of at least two years.  That this deponent who remembers when said George Warner returned being late in the year 1783 + after the war and has positive knowledge at the time that during the intermediate period from the summer of 1781 until the fall of 1783 or for upwards of two years said Warner was detained a prisoner + remained as such away from his home, in Canada.  This deponent has no personal knowledge of this for not having seen him in confinement but the fact was so notorious at the time, that no one pretended to doubt or even to question it + deponent then and upon numerous occasions since has conversed with said Warner there of and of the hardships + trials which he endured while thus detained a prisoner as aforesaid, and further that said George Warner is the identical person who is now living in Cobleskill Centre in said County of Schoharie

Subscribed and sworn}
this 10th day of March 1843}
before me + I certify that}
said John King is a cred-}
ible witness}

[signature] Johannes Koreny

[signature] Silvester Westcott  Justice of the Peace
Page 100

State of New York}
Schoharie County } Ss.

Henry Knieskearn of Carlisle in said County aged 82 years who being duly Sworn deposith + Saith that in the spring of the year 1778 this Deponent became well acquainted with George Warner Jr who now lives in the town of Cobleskill in said County and is an applicant for a Pension.  That Deponent remembers the precise time of his becoming acquainted from the circumstance to wit.  In the Spring on the year 1778 Deponent was drafted to Perform garrison duty at the fort of Cobleskill + he then + there met with said George Warner Jr. and served in company with him at said fort of Cobleskill for at least two weeks.  And Deponent further Said that afterwards to wit during the Said War of the Revolution he was informed that the Said George Warner Jr was taken prisoner while on duty near Cobleskill with a Party who were out in pursuit of Indians + Tories.  That Deponent learned that Said Warner was taken a Prisoner by the British on the Canadian frontier to Niagara. and that he was detained there in imprisonment for more than two years or until the was of the revolution was ended.  Deponent frequently  Said Warner while he was detained in imprisonment, to wit, during the years 1782 + 1783 + that after Said was when Said Warner was released  Deponent accompanied Said Warner back to his home in Schoharie County.  And Deponent further saith that he is well acquainted with Captain George Warner the present applicant for a Pension who is the identical Person above refered to who was a Soldier in the Revolution: afterwards a Prisoner + returned as such more than two years

Subscribed + Sworn this 17 day of March}
1843 before me + I  certify that said Henry Knieskearn is a credible witness.}

[signature] Henry his X mark Knieskern

[signature] Samuel Neer Justice
Page 101

State of New York}
Schoharie County} ss:  I Thomas McArthur Clerk of the said County, do certify that Samuel Neer before whom the [ul[ within [/ul[ affidavit, and Silvester Westcott before whom the [ul] annexed [/ul] affidavit purport to have been sworn, were on the days of the date of the Jurats to said annexed and within Affidavits, Each of them, Justices of the Peace, in and for the Said County, and that I am well acquainted with the hand writing of Each of the said Justices (Samuel Neer + Silvester Westcott) and verily believe that their names signed to the Said Jurats, are their proper hand writing and Signatures.

Witness my hand and Official Seal
this 16th day of March A.D. 1843.

[signature] Thos. McArthur Clerk
Page 102

3)  Payments to be made 
in New York
by Pres[?] & Mechanic's Bank

Agent for paying Pension
ers, in the Agency of New York



Recorded in the Pension Office
in Book C Vol. 4
Page 128 by W. L. Williams
Clerk.
Page 103

WAR DEPARTMENT.

REVOLUTIONARY CLAIM

I certify that, in conformity with the law of the United States of the 7th June, 1832, George Warner of the State of New York
who was a private in the revolutionary war

is entitled to receive eighty dollars and ---- 
cents per annum, during his natural life, com= mencing on the 4th of March, 1831, and payable semi=annually on the 4th of March, and 4th of September in
every year.

Given at the War Office of the United
States, this eighteenth day of
January one thousand eight
hundred and thirty= four,

[signature]Lew Cass
Secretary of War.

Examined and}
Countersigned}

[signature] J L Edwards
Commissioner of Pensions.
Page 104

Cobels Kill December 31th 1833

Gentleman

By the request of George Warner the applicate to a claim for a Pension, I Send You here with the papers again this case with the explanation annext there unto

I hope it will be now Satisfactory evidence in this case for a Grant for a Pension 

Pleas to Sent me the result as Soon as possible

Pleas to call on John Adams a member in congress from Green county State of New York;

to inquire of the character of the witness and also of the applicate in this case.

I am respectfully
Your Ob't Servant

[signature] Henry Shafer

Hon Lewis Cass Secretary of the war Department
" James L Edwards commissioner of Pensions
city of Washington

N.B.  Pleas to Sent me the grant for a Pension in the case of James Johnson, because it appears by A Letter Dated october 18th 1833

signed by Geo Wm Crump

that James Johnson is entitled to a grant for twelve months Service; Mr.[?] Johnson is willing to take up with a Grant of twelve Service because he cannot Get any further proof

Pleas to Sent this grant to me as Soon as possible because Mr. Johnson is a poor man, and is in want of relief
Page 105

For to time to joine to the Militia + with the money purchase more that our Store may not be exhausted.  Whatever you draw for your Regt is to be paid for accordingly --

I am with great Esteem
Sir your most Obed't Serv't

[signature] Geo. Clinton

Col Vroman

[stamp]
THE NATIONAL ARCHIVES
OF THE UNITED STATES

[ILLEGIBLE] 28932
George Warner
Newyork.
Page 106

Poughkeepsie May 4'th 17?2

I have received your Letter of the 22'd [illegible] Return of the War Classes [illegible]

Sensible that the frontier Settlements would be exposed to the Invasions of the Enemy before the Levies -- could be raised and brought into the field  I therefore long since ordered General Gansevoort to keep out such Detachments of Militia as he should receive money for the Safety of the Inhabitants; which I Assumed he had complied with.  with respect [crossed out supposed] to Ammunition we have but a small Stock on hand - a [illegible] proportion of it however will be sent to Albany and on your application - to the Genl. your Regiment may receive a small supply.  You will observe that the Commissary admitting Stores is directed by Law to receive Payment for the Powder + Ball he may from time
Page 107

Certificate to send
to Mr. B. Pierce
Ar 1 Stanwix Hall

Henry [illegible] testimony
Shows Warner not to 
be the returned on
rolls___
Page 108

George Warner
decd
N.Y

Let: to

Dr. R. W. Young
June 17/53
________
Same July 8 1853

7 June 1832
Page 109

Geo Warner
Let to J. E Harvey, Esq
Aug't. 16 1844
Sec War Apl 26, 1845

2nd. Let Secry to Hon W. B. McLay
29 Apl 45

Let to Secy of War July 8. 1845.

[signature] R. W. Y.
atty
June 4th 1853
Page 110

July 9, 1853.

Letter of inquiry
about - George
Warner, decd.

N. Y.

James H. Warner
Albany.
N. Y.

DEPARTMENT OF THE INTERIOR,
PENSION OFFICE. OFFICIAL BUSINESS
Page 111

[back of postcard]

Sept. 15, 1853.
Let. in case of
Geo. Warner,
decd

Jas. H. Warner,
Albany,
N. Y.

[postal stamp]
ALBANY NY
SEP 13

3P M
[end stamp]

Mr L P Waldo
Commissioner of Pensions at
Washington
Page 112

order a Sufficient Quanty. I am Sure your Examining is Convinced that it is more wanted here at this place then in a great many other District your Excellenig answer[?] on the whole will be gladly received

I Remain with great Respect
your Excellency most humbly Respct

[signature] Peter Vroman

PS: I would be glad to hear wether you will need[?] an oficer out of my Regiment in the Service now Serving

[signature] P Vroman

[stamp]
THE
NATIONAL ARCHIVES
OF THE 
UNITED STATES

[ILLEGIBLE] 28,932
George Warner
NewYork.
Page 113

Schary april 22nd 1782

[illegible]

Enclosed you have a return of the number of [illegible] in my Regiment with the armed officers of Each (that are [illegible] to your general orders. [illegible] March 25th 1782 --

The time is at hand for the Enemies Excursions and not a man to protect This frontier Settlement which Lays so much Envites there is a man [illegible] Last [illegible] at Deverdam[?]

I have Calses my Regiment on Cobleskill[?] night watches and are doing that only [illegible] which is all I can as general Gransevoort inform me that he is not [illegible to order any of the militia that garrisoned only without your Excellency order.

I wish your Excellency would point out Some Some may for to to act on this frontier Settlement aw day watches are Scouting, [illegible] is here at this present time [illegible] wanted ammunition is here Likewise Very much; wanted anxious to be here in Albany; much you would
over
Page 114

28932
Revy INVALID.
___________

File No. 28,932
George Warner
Pri Rev War
____________

Act:  June 7, '32

Index: -- Vol. 2, Page 4437

[Arrangement of 1870.]
Page 115

June 4/93  Hist.h
Minneapolis,
1908 Dec. 12  Hist to
Mrs. Lottie J. Woodford at
1915 Apr. 24 Mrs. J. N. McDonald
there is no further data as to father of Geo.
Warner Jr. than has already been furnished.

N. F. Warner,
Minn. F.l.[?]
Page 116

Commissioner of Pensions
Washington, D.C.

Dear Sir: -

Have your record in your department of services rendered during Revolutionary War by a Geo. Warner, Sr. a prominent Whig and committee man of Schoharie Co. N. Y.

His home was burned during battle of Coobleskill (but he was away at that time) and he was taken prisoner in winter of 1782 by Seth Henry [ul] and [/ul] six other Indians, who had travelled over 300 miles for the express
Page 117

purpose of capturing him - and was taken to Canada Do not know if he actually Served in the [ul] Army [/ul] or not as he was an old man, but if there is any official recognition of him Joined like whan it - he was born 1720 and died in 1810 -

Than his sons' record, do [illegible] need not bother about that --

Respectfully

Mrs J. N. McDonald
212 Murry St
Savanna[?] Ill
Page 118

Letters + other
unimportant papers 
in the case
_____________
Page 119

Westfield, Wis,
Nov. 29, 1908.

Dear Sir: -

Can you give me any information about the revolutionary war record of George Warner Sr.  He lived in Schoharie County. N.Y.  He was taken prisoner to Canada and held a number of months.  He was a member of a committe of safety.

Yours respectfully
(Mrs) Lottie J. Woodford
Westfield
Wis.
Page 120

ESTABLISHED 1857.
N.F. Warner, Agent.
Funeral Director. Embalmer
106 Washington Ave. S
TELEPHONE 675.

Minneapolis, Minn  May 23 1895

Honarable William Lochren
Commissioner of Pentions

dr Sir

Will you Kindly send me by Mail Statment of the Revolutionary Service of my great Grand Fathers Nicholas Warner and his Brother, George Warner. of Schoharie Co New York as appears by there Aplications.

We are all well in Mnpls the first Regt Reunion ocurs [illegible] soon would like t-see [illegible] Mutch

Yours Very Truly

N. F. Warner
Page 121

V. L. M.

Rev. War Section.

April 24, 1915.

Mrs. J. N. McDonald,
212 Murry Street,
Savanna, Illinois.
Madam:

In response to your letter received the 16" instant, you are advised that this Bureau is unable to furnish to record of a soldier of the Revolution unless a claim for pension or bounty land has been made on account of his service, and a careful search of the records fails to show such a claim on file for George Warner Sr. who was born in 1720 and died in 1810.

There is no further data as to the father of George Warner Jr. than was furnished in the record of George Warner S. F. 28,932 Rev. War.

Very respectfully,

[signature] G M Saltzgaber
Commissioner.