Revolutionary War Pension and Bounty Land Warrant Application File R 5924, for Ezra Kimberly, Connecticut
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(8-1776)

SERVICE
Conn.

Kimberly, Ezra

NUMBER
R5924

CONTENTS
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State of Connecticut
County of New Haven Ss. New Haven
On this 10th day of June A.D. 1833, personally appear in open court, before the Court of Probate, for the District of New Haven, now sitting at New Haven in the County of New Haven, Ezra Kimberly a resident of the town of Bethany ( let Woodbridge) in the county of New Haven and State of Connecticut, now aged 69 years, who being first duly sworn according to law, doth on his oath, make the following supplemental declaration, in addition to the one made by him on the 31st day of August A.D. 1832, in order to obtain the benefit of the Act of Congress passed June 7th 1832 - the deponent states that by reason of old age, and bodily infirmities (His bodily infirmities, are increased, in consequence of a would, received during the Revolutionary War,) and the consequent loss of memory, he cannot say positively, as to dates, and to the precise Capt, but according to the best of his recollection, he never met up them the previous herein after dates, day as a private, to wit; That deponent is confident that in the year 1778, he entered the company commanded by Capt Silas Kimberly, as stated
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in his recollection, early in the month of June of that year, the precise day he cannot state and served in said company, until some time in the month of September of the same year, then the company was discharged - The precise day when the company was discharged, he cannot sate; but the deponent is confident and does explicitly and positively state that in the company at this time he served at least three months.
Immediately after this, and in the month of September of the year 1778, he was hired by Capt Silas Kimberly, as stated in my original declaration, to do duty in the Artillery Company under the command of Captain Phineas Bradley - I was attached to that division of said Bradleys company, which was commanded by Lieutenant Asel Kimberly, an performed duty therein for two months. I do not recollect, the precise day that I entered said company but I know it was in the month of September - Neither do I recollect the precise day, that I was discharged therefore but I know it was in the month of November - I am confident and do state the fact to be that in the service of my country at this time, I served at least two months -
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Early in the month of May 1779, I enlisted as a private in a company of militia, as stated in my original declaration, and served in the same for four months - I do not remember the precise day, that I entered said militia, but I know it was early in the month of May of that year - Neither do I remember the precise day, that I was discharged from said company, but I know it was in the month of September of the same year - I am confident and can state the fact to be, that in this service I served for at least four months.
On the first day of May 1780, I was drafted as stated in my original declaration for three months, and joined a company under Captain Gideon Todd and Lieutenant Swift - I was in said regt for at least three months. Of this, I am confident, and was discharged early in the month of August that same year - 
In the month of August 1780, the precise day, not recollected but should think the 20th, I enlisted as a private as stated in my original declaration, and joined a company of militia under Capt. Barsillia Munson, and served in the same for two months. I cannot state the precise day that I entered this service but should think it was the
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20th of August 1780; neither can I state the precise day when I was discharged, but I know that it was in the month of October. I am confident and to state the fact to be, that in this service I served at least two months.
In June 1781, the precise day not recollected, but I know it was early in said month of June I entered the service as a for Capt Zettle, as stated in my original declaration, under Captain Samuel Osborn and served in the same for three months. I know that at this time, I served for at least three months - I do not recollect the precise day of discharge but am certain that it was in the month of September, that year - 
My service for shall I claim a pension is as follows - to wit,
For three months in the company of Capt Silas Kimberly from June to September 1778 } 3 mo.
For two months, in the company of Capt Bradley from September to November 1778 } 2 mo.
For four months, in the company of Capt. Allen Iris, from the 1st of May to the 1st of Sept. 1779 } 4 mo.
For three months in the company of Capt. from the 11th of May to the 11th of August 1780 } 3 mo.
For two months, from the 20th August to
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The 20th of October 1780 in Capt. Munson's Company 2 mo.
For three months from the 11th of June to the 11th of September 1781, in Captain Osborns Company } 3 mo. 17 mo.
For which service account in the whole to one year and five months I claim a pension.
I have not obtained the certificate of a clergyman - I being the Episcopel denomination of Christian; and at the time of my original declaration, there was not and has not been since neither is there now any clergyman of that denomination within the town of Bethany - There is no clergyman of any denomination in the town of Bethany except one in the Presbyterian unity and with him I have no acquaintance - He is a man, who has lately moved into our town, and knows nothing about me, within as I know any thing about him during all the time. I was engaged in the above named service, I was not employed in any civil regiment - Capt Phineas Bradley. The roll is now at the new office in Washington - M Wm. Stone, who last had it, in his possession some time ago at the request of J. L. Edwards Esq. not since he went to Washington.
Ezra Kimberly
Sworn to and subscribed in open court this day and year aforesaid
Attest
Anthony Sanford Clerk
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I William Stone of New Haven in the State of Connecticut, do on oath testify and say - That until some time the last winter, I had in my possession the pay roll of Capt Phineas Bradley, who commanded a company stationed at New Haven during the Revolutionary War - The said pay roll, I received from a daughter of the said Capt Bradley, now living at New Haven about a year ago - In November last, I received a letter from the said P. L. Edwards Esq. I forwarded the said pay roll to the War Department under new director to the War: R. J. Ingersoll, then a member of Congress. I went then to Mr. Ingersoll the 14th of Dec 1832 - Mr. Ingersoll as he informed me went to the War office then I inform them now; I hereby having seen the min.
William Stores
Sworn & subscribed in Open Court the day and year aforesaid
Attest Anthony Sanford Clerk
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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 named applicant was a Revolutionary Soldier and served as he states. And the Court further certifies that Wm Stone, who signed the affidavits, annexed to the supplemental declaration is a credible witness, and that his statement is entitled to credit.

I Anthony P. Sanford, Clerk of the Court of Probate for the District of New Haven, do hereby certify that the following contains the original proceedings of said Court in the matter of the supplemental application of Ezra Kimberly for a pension. In testimony whereof I have hereunto set my hand and the seal of said Court this 10th day of June AD. 1833.
Anthony P. Sanford Clerk
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Declaration in order to obtain the benefit of the Act of Congress passed June 7 1832.
State of Connecticut
County of New Haven Ss. New Haven
On this 31st day of August 1832 personally appeared in open court before the Court of Probate for the District of New Haven, now sitting Ezra Kimberly a resident of Bethany late Woodbridge in the County of New Haven and State of Connecticut aged 68 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. viz. In 1778, after having commanded and marched a company of boys under 16 years of age, in the parish of West Haven in said New Haven, I volunteered as a private & joined a company of Militia under Capt Silas Kimberly & Ensign Samuel Huggins, and was stationed in said West Haven, to keep guard along shore & prevent the depredations of the British & Tories from Long Island, and continued in service about three months until said Company was discharged as I think in September 1778.
I was then hired by Capt Silas Kimberly to do duty as a private to keep guard along shore as above stated, with a part of the artillery company under the command of Capt Phineas Bradley & Lieut. Azel Kimberly, for two months; when I was discharged & Capt. Silas Kimberly paid me my wages.
About the 1st of May 1779, I volunteered as a private and joined a company of Militia under Capt. Aeling Ives, of said parish of West Haven to keep guard in the manner above stated, & continued in
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the service about four months, until said company was discharged. I know of no person living who can testify to this service.
May 1st 1780 I was drafted as a private & joined a company of Militia under Capt. Gideon Todd & Lieut. Dwight, & went to the town of New Haven to keep guard & continued in service about three months until discharged. I know of no person who can testify to this service. I then resided in the parish of Mount Carmel in New Haven County, now a part of the town of Hamden.
About the 20th of August 1780, I volunteered as a private & joined a company of Militia under Capt Barzillai Munson & Ensign Chauncey Dickerman & went to said New Haven as guard & continued in service about two months. There is no person living that I know of who can testify to this service.
About the 1st of June 1781, I entered the service as a substitute for Jesse Tuttle, as a private in a company under Capt Samuel Osborn, at said West Haven and Oyster River & continued in service about three months. I was wounded & left at West Haven about one month after I was discharged.
I was born of said West Haven, town of New Haven, January 16th 1764, and resided there when I first engaged in the service of my country - afterwards through the rest of the war I resided in said Mount Carmel, now a part of the town of Hamden in the County of New Haven, & continued to reside there many years till I moved to my present residence which is in Bethany (late Woodbridge) in said County.
I never received any written discharge & have no documentary evidence.
There is no clergyman residing in my vicinity.
Alvan Sperry, Eliakim Smith, John Thomas and many others living in my neighborhood
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will testify as to my character for truth & their belief of my service.

He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any State.
Sworn to & subscribed the day & year aforesaid
Ezra Kimberly
Attest - Anthony P. Sanford Clerk

We Eliakim Smith and Alvan Sperry residing in said town of Bethany hereby certify that we are well acquainted with Ezra Kimberly, who has subscribed & sworn to the above declaration; that we believe him to be 68 years of age; that he is reputed & believed in the neighborhood where he resides, to have been a soldier of the revolution, & that we concur in that opinion. 
Sworn & subscribed the day & year aforesaid
Eliakim Smith
Alvan Sperry
Attest Anthony P. Sanford Clerk

And the said Court do hereby declare their opinion after the investigation of the matter, & after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier & served as he states. And the Court further certifies that it appears to them that Eliakim Smith and Alvan Sperry who have signed the preceding certificate are residents in said town of Bethany - and are credible persons, & that their statement is entitled to credit. And that David Downs, Elam Ives, and Jesse Tuttle the deponents for the deposition hereto annexed are also credible persons, and that their statement is entitled to credit.
Chas A. Ingersoll
Judge of P. Court
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I Anthony P. Sanford, clerk of the Court of Probate for the District of New Haven do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ezra Kimberly for a pension.
In testimony whereof I have hereunto set my hand & the seal of said Court, this 31st day of August 1832.
Anthony P. Sanford Clerk

We Noyes Darling, Judge of the County Court for New Haven County, Ralph I Ingersoll representative in Congress from the State of Connecticut, William Bristol District Judge of the District of Connecticut, Nathan Smith Senator elect in the Congress of the United States, from Connecticut, Wm H. Ellis Collector of the Parish and District of New Haven hereby certify that we have long been acquainted with Ezra Kimberly Esq. who has subscribed and sworn to the foregoing declaration - that he maintains a fair character for veracity in the community where he lives and that we have no doubt of the truth of his declaration - 
Noyes Darling
N. I. Ingersoll
William Bristol
Nathan Smith
Wm H Ellis
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State of Connecticut
County of New Haven Ss. Waterbury

On this 3rd day of August 1832 personally appeared before me Alvan Sperry Justice of the Peace for New Haven County David Downs aged 72 years a resident of the Town of Waterbury in said County of New Haven and being duly sworn according to law deposes & says that he volunteered as a private & joined a Company of Militia under Capt. Silas Kimberly & Ensign Samuel Huggins & went to the Parish of West Haven in said County of New Haven to keep guard along shore & prevent the depredations of the British & Tories from Long Island - that we went in the Spring or forepart of Summer & continued in Service about three months. Deponent thinks that the time was about the year 1778.
Deponent says that he has long been acquainted with Ezra Kimberly now a resident of the town of Bethany formerly a part of the Town of Woodbridge in said county of New Haven at that time a resident of the parish of West Haven in New Haven in said County since a part of the Town of Orange. & remembers that said Kimberly served as a Private in said Company the whole of the time that said Company was out - 
And further saith not - 
Sworn and subscribed the day & year aforesaid 
David Downs
Alvan Sperry Justice peace/New Haven County

I Alvan Sperry a Justice of the Peace for the County of New Haven before whom the above deposition was taken do certify that David Downs the above named deponent
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and who subscribes this deposition in my presence is a credible person, whose statements are entitled to full credit.
Alvan Sperry Just Peace
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State of Connecticut
County of New Haven Ss Hamden

On this 25 day of August 1832, personally appeared before me ^ Ambrose Tuttle Justice of the Peace for New Haven County Elam Ives ^ aged 70 years a resident of said Hamden & being duly sworn according to law deposes & says that he knows & well remembers that Ezra Kimberly was residing in Bethany in said County, did duty as a private soldier in the revolutionary war under Capt Osborn, in the same company in which I was engaged. It was a short term of service, but how long I cannot state. I believe he was a substitute. My recollection is clear from the circumstance of said Kimberly being wounded.
Sworn and Subscribed the day and year aforesaid
Elam Ives
before me Ambrose Tuttle Justice of Peace for New Haven County

State of Connecticut
County of New Haven Ss Hamden
On the 25 day of August 1832 personally appeared before me ^ Ambrose Tuttle Justice of the Peace for New Haven County, Jesse Tuttle a resident of said Hamden aged 73 years & being duly sworn according to law, deposes & says that in ^ or about the year 1781, I hired Ezra Kimberly now residing in the town of Bethany to do duty for me as a private solider in the revolutionary war, under Capt Osborn & that he performed duty accordingly but for what length of time, I have forgotten. I know that he was wounded in this service. Said Kimberly [illegible] served as a solider several times during the war
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but the particular times I cannot note. I have known said Kimberly from his youth; he has always maintained a fair character for truth, & I have no doubt of the truth of the facts noted in his declaration.
And further saith not
Sworn and subscribed the day and year aforesaid
Jesse Tuttle
before me Ambrose Tuttle Justice of the Peace for New Haven County
I Ambrose Tuttle a Justice of the Peace for the County of New Haven before whom the foregoing depositions of Elam Ives and Jesse Tuttle were taken, do certify that the said Elam Ives and Jesse Tuttle are both credible persons, well known to me as men of truth, those statements under oath, are entitled to full credit and belief.
New Haven Nov 4, 1833
Ambrose Tuttle Justice of Peace
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I Anthony P Sanford Clerk of the Court of Probate for the District of New Haven do certify that Alvan Sperry and Ambrose Tuttle are Justices of the Peace for the County of New Haven duly commissioned and sworn, and that the [illegible] signatures to the certificates of the foregoing depositions is their own proper hand writing
In witness thereof I have hereunto set my hand & seal of said Court of Probate this 31st day of August 1832
Anthony P. Sanford Clerk
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No 18
Ezra Kimberly

Feb 1853

Weaver & Caffie Atty's
Present;
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AFFIDAVIT AND POWER OF ATTORNEY,

STATE OF Connecticut
COUNTY OF New Haven SS.

Be it remembered, That, on this 16th day of November A. D. 1852, I George Kimberly do make known and declare that I am the son and heir-at-law to Ezra Kimberly
[crossed out] a Revolutionary soldier, who served one year under the command of in the forced raised by the State of Connecticut and that he and his said wife were married about the month of October 13 A.D. 1811 that he died about the month of 28th August A.D. 1844 and that his said wife [crossed out] is now living [crossed out] no Pension was ever drawn, since which time nothing has been received by either, or the heirs of either of said parties.

And that claimant is now 45 years of age; and it is understood and believed that there are arrearages of Pension, and other claims due for said srvices : Now, therefore, the true intent of all this is to qualify and irrevocably appoint and empower ALFRED J. WORKS, of New Haven City and County, State of Connecticut,
as my Attorney with power of substitution, to investigate, substantiate, demand, and receive the avails of, said claim or claims, and to say and do all things relative thereto, as amply as I might do: hereby ratifying every thing said or done by my said Attorney, or his substitute, in virtue hereof; Also, revoking all Powers of Attorney, or other authority previously given for any such purposes.

Attest,
Wm Goodwin
Henry Peck Jr
In witness whereof, I have hereunto set my hand and seal, day and date first above named.

George Kimberly

Subscribed, sworn to, and acknowledged before me, the day and year first above indicated.
Wm Goodwin
Notary Public
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Ezra Kimberly
suspend
as claimant alleges he went
into service as early as 14 years
he must state whether further
evidence  can be produced
Regulations require the
best evidence and in such
a case the rule becomes
peculiarly urgent.
Witnesses it be certified
to be credible
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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 Ezra Kimberly which require further proof or explanation.

I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? yes
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 amount of pension he is entitled? No, See quer 5
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
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? Yes
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2
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 Clergyman, other witnesses
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? None reside in the vicinity
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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes
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? Yes
XVI. Are the papers authenticated as the regulations direct? Yes
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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3
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 about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 in 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.
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 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.
QUERE XVI. 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 paper authenticated, the certificate must be attached thereto by a peice 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.
In every case where the clerk of the court or other certifying officer, 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.

Declarant should produce the pay roll of Phinehas Bradley or a Certified Copy ^ thereof in the possession of William Storer, City of New Haven
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[crossed out]
[stamp shows the word "REJECTED"]
5924
Ezra Kimberly
Page 25

Connecticut
Revo.
Act 7, June 1832
Ezra Kimberly

Suspended

Letter to
Charles A Ingersoll
14 Nov. 1833
5924
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State of Connecticut
County of New Have Ss.

On this 27th day of September A.D. 1833, personally appeared in open court before the Court of Probate for the District of New Haven now sitting at New Haven in the County of New Haven, Ezra Kimberly a resident of the town of Bethany (late Woodbridge) in the County of New Haven and State of Connecticut, aged 69 years, who having first duly sworn according to law, doth in his oath, make the following additional supplemental declaration in addition to the one made by him on the 31st day of August A.D. 1832, and in addition to the one made by him on the 10th day of June 1833, in order to obtain the benefit of the act of Congress passed June 7th 1832 - The declarant states that by reason of old age and bodily infirmities and the consequent loss of memory he cannot [illegible] distinctly in duty at the time,
states in the declaration heretofore by him. He knows,  and so states the past to be, that he performed the as stated in his preceding declaration and that those services amounted to at least one year and five months.
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The declarant saith, he cannot produce any further evidence in the support of his claim than that has been produced - The witnesses to his services, excepting those depositions as attached to his original declaration, are all dead - The declarant confidently [illegible] the proof that he has already accounted, and his own character for truth and trusts that a pension will be granted him. 
Ezra Kimberly
Anthony Sanford Clerk

And the said Court do hereby declare the opinion, after the investigation of the matter and after putting the interrogatories presented by the War Department, that the above named application was a Revolutionary soldier and he served as he states - And the Court further certifies that the Those depositions as attached to the original declaration are credible persons. Those statements are entitled to full credit.
Chas A Ingersoll
Judge of Said Court
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I Anthony P. Sanford Clerk of the Court of
Probate for the District of New Haven can certify that the foregoing contains the original proceedings of the main Court, in the matter of the 2nd supplemental application of Ezra Kimberly for a pension.  And I can from this certify that Ambrose Tuttle is a Justice of the Peace for the County of New Haven duly commissioned and sworn and that the [illegible] signatures to the certificates aforementioned attached to the original declaration and purporting to be his [ two words illegible] testimony.  Sperry [illegible] into my [illegible] and of [illegible] of office this 4th day of November 1833. And
I also certify that Alvan Sperry is a Justice of the Peace for the County of New Haven duly confirmed and sworn and that this [illegible] signature to the certificates of the depositions attached to the original declaration and [illegible] to be his in service.
Anthony Sanford, Clerk