Revolutionary War Pension and Bounty Land Warrant Application File S. 30,860, Thomas Berry, Mass.
Page 1

(3 - 1776)
SERVICE
Mass.
Berry, Thomas
NUMBER
S. 30.,860
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18. 280
Maine
__________________________________________
Thomas Berry of  Buckfield in the State of Maine
who was a private in the company commanded by Captain Rushing of the Regt. commanded by Col. Jacobs in the Mass. line for 20 mo?.
_________________________________________________
Inscribed on the Roll of Maine at the rate of 66. Dollars  66 Cents per annum to commence on the 4th day of March, 1831.
_________________________________________________
Certificate of Pension issued the 5 day of August 1833 and Sent to W.R. Porter.  Turner
_________________________________________________
Arrears to the 4th of March 1833  $132.32
Semi-anl. allowance ending Sept-     33.33
                                                          ______
                                                        $166.65
  {Revolutionary Claim,}
  {Act June 7, 1832.      }
Recorded by W.L. Williams  Clerk.
Book E    Vol.  1       Page  4
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STATE OF MAINE
________________
COUNTY OF
Oxford ss.
On this 17th day of August A.D. 1832, personally appeared in open Court, before the Court Probate for said County now sitting Thomas
Berry a resident of Buckfield in the County of Oxford and State of Maine, aged 70 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 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated. In the first place he sets forth that he was born in Hingham in the Commonwealth of Massachusetts on the fifth day of May 1762, and that his age is thus recorded in a  "Family Bible handed down to him from his father, & now in his possession. That he was living in said Hingham, when he first embarked in the service of his country, which was when he was fifteen years old, in May 1777, when he volunteered in the Militia of Massachusetts, as a soldier in a company under the command of Captain Charles Cushing of said Hingham, and was then out rather more than four months, and the duty assigned to said company, was to guard the shore of Massachusetts contiguous to Nantasket roads, which form the channel at the entrance of
Boston Harbor. John Lincoln was the lieutenant of his company. The enemy were then in BostoncBay with vessels of War. In April or May, the next year 1778 he volunteered again, in a company under the command of Captain Thomas Ferrie and was then out four months, two months of the time on Castle William Boston Harbor, & two months, the residue of said time, in guarding the shores, as the year previous. Had the same Lieutenant as the preceding year. He next enlisted the last of April or the first of May 1779 for the term of six months,  at Hingham,into a company commanded by Capt Theophilus Wilde, in Col. John Jacob's regiment, of the Masssachusetts troops, and marched directly for Rhode Island, where I continued to serve until my enlistment was out. The next year, about the first of May 1780, he enlisted again into a company commanded by the same Capt Charles Cushing, as is named in the first part of this declaration, and in Col John Jacob's Regt, the same Regt as the preceding year, for the like term of of six months, and served throughout said term in Rhode Island and he then pertained to the State troops of Massachusetts. The preceding terms making Twenty months in all, are all which he sets forth. See the affidavits annexed. He has none recollection of having received a discharge at any time.
 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 agency of any State.
Sworn to and subscribed, the day and year aforesaid   Thomas Berry

Stephen Emery, Judge of Probate
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And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above applicant was a revolutionary soldier, and served as he states, the said applicant having adduced the deposition of Asa Battles, under oath duly administered in corroboration of his own declaration- as also that of Jon Gordner.
Stephen Emery, Judge

I Joseph G. Cole  Register of the Court of Probate
do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of  Thomas Berry  for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this 17th day of August A.D. 1832
CLERK.
Joseph G. Cole RegisterAnd the said Court do hereby declare their opinion, after the investigation of the
matter, and after putting the interrogatories prescribed by the War Department, that the
above applicant was a revolutionary soldier, and served as he states, the said
applicant having adduced the deposition of Asa Battles in
der oath duly administered in corroboration of his own declara
time, as also that of Jon Gardner.
Stephen Emery, Judge
Joseph G. Cole of the Court of Probate
do hereby certify that the foregoing contains the original
proceedings of the said Court in the matter of the application of  Thomas Berry  for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this 17th
day of August A.D. 1832
CLERK.
Joseph G. Cole Register
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State of Maine
County of Gilford S.S. on this 23d of April 1833.

Personally appeared before me, the undersigned,
a Justice of the Peace in & for the County of Oxford  X
Said State; Thomas Berry of Buckfield in said
County an applicant for a pension under the act of
Congress of June 7. 1832;  who being duly sworn, deposed
& Saith, that, by reason of old age, and the consequent
loss of memory, he cannot swear positively  as to the precise length of each and every term of service, but according to the
best of his recollection he served not less than the
periods mentioned below, and in the following grades;
For four months I served as a private soldier in Capt Charles
Cushings company, the officer named in my declaration
under the act of Congres aforesaid: For four
months I also served as a private soldier
in Capt Thomas Ferrin's company as therein named; For six months I also served as a private soldier in Capt Theophilus Wilder's company as therein set forth; For six months I further served as a private soldier
in the aforesaid Capt Charles Cushing"s Company as therein mentioned; and for such service I claim a pension.
Thomas Berry
Sworn to & subscribed the day & year aforesaid.
William R Porter, Justice of Peace for said County.
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30[6]860
Revy INVALID.
---
File No. 30.860
┃
Thomas Berry
Rev War
---
Act: June 7" 32"
Index: --Vol. 2, Page 33
[Arrangement of 1870.]
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STATE OF MAINE.
OXFORD COUNTY, SS.
I, RUFUS KING GOODENOW, Clerk of the Judicial Courts in and for said County of Oxford, hereby certify, that
William K. Porter Esq
whose genuine signature is annexed to the foregoing Depositions of
Thomas Berry & Asa Battles is a
Justice of the Peace in and for said County of Oxford.
In testimony whereof I have hereunto set my hand and affixed my seal of office, this third day of May in the year A.D. 1833  
RK Goodenow
Clerk of Oxford}
County Courts.}


STATE OF MAINE

OXFORDE COUNTY, ss.
I RUFUS KING GOODENOW, Clerk of the Judicial Courts in
and for said County of Oxford, hereby certify, that
Saml F. Brown
whose genuine signature is annexed to the foregoing Deposition of
Jonathan Gardner  is a
Justice of the Peace in and for said County of Oxford.
In testimony whereof, I have hereunto set my hand and affixed my seal of office, this third  day of May in the year A.D. 1833.

RK Goodenow  {Clerk of Oxford
                         {County Courts
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5584
Thomas Berry
Admitted
20 mo's
$66.66
W. R. Porter
Turner Me
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BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Thomas Berry  which require further proof or explanation.
I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
III. If the applicant did not make the declaration in the county where he resides, is there any reasonassigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
V. *Has he mentioned 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 amout of pension
he is entitled? No
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary
service? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? none
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. +If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
---
EXPLANATORY NOTES.
QUERE V. 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 a--- ; and for such service I claim a pension."
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It is important in all cases to determine with precision the period for which the 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 about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
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 claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which be 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.
QUERE XVI. Mode of authentialing papers
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.
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I Asa Battles of Turner in the County of Oxford & State of Maine aged sixty seven, on oath declare, that my residence was in Bridgewater in the State of
Massachusetts in the year 1780, and that I was a Soldier in the American army of the revolution and that on the last of April or the first of May -
of said year, I enlisted into a company commanded by Capt. John Holden in Col. John Jacobs regiment, for the term of Six months,  Stationed in Rhode Island, and at that time I was  well acquainted with Thomas Berry now of Buckfield in the aforesaid County of Oxford, but then of Hingham, Massachusetts, and the said Berry was then a soldier in Capt Charles Cushing's Company & in the same regiment with me, & the company in which he was in
in which he was in, was immediately on the left of ours, and I well knew him to  to serve the aforesaid Six months, in said corps. -
I had some previous acquaintance with the said Berry, when out in guarding the Shores of Massachusetts, but for how long he was out I cannot say, and that duty. --  Asa Battles
State of Maine.
Gilford S.S. Augt. 15. 1832 Then Asa Battles
above named made oath to the truth of the foregoing affidavit
by him Subscribed, before me, and I further certify
that the Said Battles is, in my opinion, entitled to credit as a witness.
William R. Porter }  Justice of Peace
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Berryxford & State of Maine. aged seventy two years, testify & say that I was a soldier in american army during the revolutionary war with Great Britain, for various periods;  one of which was for six months at Rhode Island, in the company commanded by  Captain  Theophilus Wilder, of Col. John Jacob Regiment, of Massachusetts troops. And I further say that Thomas Berry now residing in said Buckfield, did enlist with me into the same company  for the same term at Hingham in Massachusetts & that he served the same through.
I also know that said Berry served at this time in guarding the shores in Massachusetts, but the particular term of time I cannot state. I have known said Berry many years & well know him to be the man who served with as above stated.

Jonathan Gardner
State of Maine County of Oxford Ss
July 23. 1842. Then the above named Jonathan Gardner, to
the well known as a man of truth personally appeared
and made oath to the truth of the foregoing declaration
by him subscribed before me
Sam F. Brown Justice of the Peace
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Thomas
Berry's
Application for pension
No 5584Thomas
Berry
application for pension
No 5584
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OXFORD COUNTY, SS.
STATE OF MAINE.
I, RUFUS KING GOODENOW, Clerk of the Judicial Courts in and for said County of Oxford, hereby certify, that STEPHEN EMERY, whose genuine signatures
are annexed to the application of Thomas Berry
for a pension, which application is hereunto annexed, is Judge of the Court of Probate
in and for said County of Oxford; and that JOSEPH G. COLE, whose genuine
signature is annexed to the same application, is Register of said Court of Probate.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of
office, this seventeenth
day of August
year A.D. 1832
in the
RKGoodenow  {Clerk of Oxford
Clerk of Oxford{County Courts

STATE OF MAINE.
OXFORD COUNTY,SS.
I, RUFUS KING GOODENOW, Clerk of the Judicial Courts in and for said County of Oxford, hereby certify, that William K.. Porter and Samuel F. Brown whose genuine signatures are annexed to the foregoing Deposition of Asa
Battles and Jonathan Gardner are each of them a
Justice of the Peace in and for said county of Oxford.
In testimony whereof I have hereunto set my hand and affixed my seal of
office, this seventeenth day of August in the year A.D. 1832

RK Goodenow  {Clerk of Oxford
Clerk of Oxford {County Courts.