Revolutionary War Pension and Bounty Land Warrant Application File S. 10636, Benjamin Evans, R.I.
Page 1

Service R.I. 

Evans, Benjamin

Number
S10636

Carded
Page 2

109585

Rhode Island
Benjamin Evans Providence in the state of RI who was a private in the company commanded by Captain [blank] of the reg.t commanded by Col. Whipple in the * line for 12 mos 15 days
*RI Line WDG June 29, 1908

Inscribed on the roll of R.I. at the rate of 41 dollars 66 cents per annum to commence on the 4th day of March 1831.

Certificate of pension issued the 7th day of May 1833 and sent Hon D.J. Pearce Newport R.I.

Arrears to the 4th of Sept 1833  $83.32
Semi-anl. allowance ending 4 Sept  $20.83
$104.15

{Revolutionary Cla Act June 7, 183[] }

Recorded by J H McBlair cl[erk]
Book R Vol. 2 Page 108
Page 3


UNITED STATES OF AMERICA.
Rhode-Island District, sc. August Term 1832
County of Providence
On this Seventh day of August A.D. 1832 personally appeared in open Court, being
a District Court of the United States within and for said District, now in session-- Benjamin Evans a resident of Smithfield in the county of Providence and State of Rhode Island aged 69 years, who being first duly sworn according to law, doth on his make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832, viz.
That he entered the service of the United States under the following named officers, and served as herein stated.
He was born Feby 12 1763 in Smithfield Rhode Island has no record of his birth - lived there when he entered the service & ever since --- and the applicant further states that in May 1778 he enlisted for 9 months & served 9 1/2 months in Capt. W. Whipple's company & Col Tophams regiment of Rhode Island . Howland ferry & White Plains in the stated of Rhode Island and was on Reg.t in Sullivan's expedition and the applicant further states that in March 1780 he enlisted for one month in Capt. D. Acoury's company & Col. Peck's regiment & immediately following he served one month as a substitute in Col John Whipple's regiment & served on R.I. and the applicant further states that in the summer of 1780 or 1 he served one month on Rhode Island while the French were there - who the officers were he has forgotten during the times he served out as a private and was honorably discharged - received no written discharge. 
He hereby relinquishes every claim whatever to a pension or annuity except the presetn 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  Benjamin Evans 
Attest B Cowell

I Joseph Tourtellot residing in the Glouster hereby certify that I am well acquainted with Benjamin Evans who has subscribed and sworn to the above declaration; that 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 I concur in that opinion. 
Jesse Tourtellot
Sworn and subscribed the day and year aforesaid. 
B Cowell M
Page 4

I Daniel Tucker of Smithfield in the county of Providence on oath do testify & say that I am acquainted with Benjamin Evans of said Smithfield & have known him since the Revolutionary war ( remember that in the year 17778 said Benjamin enlisted to go in the army when the British were in possession of Rhode Island & he did go & was gone at least nine months. I was there at that time about thirteen years old & remember the circumstance well & I also remember that when I was fifteen years old I enlisted myself in Capt. Mowry's company of militia & served one month on Rhode Island & said Benjamin served with me in the same compnay this was in 1780 in the month of March 
Daniel his X mark Tucker

July 21, 1832 Sworn to before me - 
Benja Cowell
Company Dist.
Page 5

I Benedict Burlingame of Glocester in the county of Providence on oath do testify and say that I am well acquainted with Benjamin Evans of Smithfield & have always known him since we were boys together I remember very well that in the year 1778 in the month of May I think that said Benjamin enlisted into the army of the United States for nine months that he went from home for that service & was gone nine months & then returned & I remember that I once saw him on Island of Rhode Island during Sullivan's Expedition during his service aforesaid. 
Benedict Burlingame
August 1, 1832
Personally appeared before me the above named Benedict Burlingame & mad oath to the foregoing deposition by him regard and I further certify that said deponent is a credible witness in the pensions. 
Benjamin Cowel
Commion dist
R.I.

Interrogatories prescribed by the war department .... served as he states. And the court further certifies that it appears to them that Benedict Burlingame, Tourtellot signer Daniel Tucker resident as they state and credible person and that their statement is entitled to credit. 
I, Benjamin Cowell clerk of said District Court do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Evans for pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this 21st day of November 1832
Benjamin Cowell Clk
Page 6

No. 18876

Benjamin Evans Providence
County Rhode Island

Private

Hon. DJ Pearce

Newport 
RI

B Cowell Providence
Rhode Island
Page 7

War Department
Pension Office 
183

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 shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (tush: }). You will when you return your papers to this department, send this printed letter with them: and you will by complying with this request greatly facilitate the investigation of your claim. 

Statement, showing the service of Benjamin Evans providence County

Provide when the service was rendered: 
Enlisted 1778 may
Enlisted
1780
Sub
---
1780 Sen.

Duration of the
claimant's service.
┃ 9 [months] 15 days
1
1
1
┃ 
Rank of
the
claimant.
┃ private
┃ private
┃ private
┃ private
┃ Names and Rank ┃
of the Company officers under whom he served.
┃ Col. Whipple
┃ Cap Moury
Names and Rank of the General and Field officers.
Col. Topham
Col Peck
Col Whipple

Battles in which the applicant was engaged.
[blank]

Country through which he marched.
 Howland Ferry
┃ S. Kingston

┃ Sullivans Exp. R. Island
┃ Rhode Island


Place of abode when he entered the services, and age at the present
 69 years
Smithfield
R. Island.

Evidence by which the declaration is supported: 
Traditionary & living Witnesses, no discharge certificate


I am, respectfully,
Your obedient servant
J. L. EDWARDS,
Commissioner of Pensions.

.
Page 8

[blank ]
Page 9

3


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 can 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 Country, 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 serve 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 you 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 received a commission, and if so, by whom as 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  he 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 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and to submit to the examination, before a Judge or Justice of a Court of Record of the proper 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 to be done by a Judge of 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 a 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 the case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit 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 opnion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
Page 10

Rev War
10636
INVALID.

File No. 10.636

Benjamin Evans
Private. Rev War

Act: June 7th 1832
Index-Vol. A, Page 117

(Arrangement of 1870.)
Page 11

Daniel Tucker

Card.
Page 12

WAR WITH SPAIN
8-628

O.W.& N. DIV

Department of the Interior 
Bureau of Pensions
Washington, ---- 190---
Page 13

Simon Paine of Smithfield in the County of Providence
State of Rhode Island being of Lawful age and [illegible]
according to law do testify and say aged 70 years [illegible]
In the year after the British Troops left Rhode Island in 
the month of June. I was a soldier on Brenton’s Point, [illegible] 
Command of John Whipple of Providence and [illegible] 
the four Chimney house, and in Captain Doran [illegible] 
Benjamin Evans of Smithfield aforesaid was in the same 
company a Soldier and quartered with me for one month 
[illegible] the same year I was draughted or [illegible] down in 
Capt. Daniel Mowry's Company and stationed on the [illegible] 
[illegible] of Rhode Island about one month, and Benjamin
Evans was in the same company with me during that
time.
Simon Paine his X mark
Attest.
Asa Winsor
Providence Sc On the third day of August 1832, Then appeared the
aforenamed Simon Paine, and after being examined, cautioned
and sworn to testify the truth, the whole truth, and nothing but 
the truth gave the aforegoing deposition, which was by me in his 
presence reduced to writing and by him subscribed my presence. 
taken at the request of Benjamin Evans, to be used for the purpose 
of obtaining a Pension.
Before me
Asa Winsor Justice of the Peace
I also certify that the said Simon Paine is a credible
Person in the premises
Witness
Asa Winsor Justices of the Peace
Page 14

State of Rhode Island and Providence Plantations.
Providence sc.
I, WILLIAM R. WATSON, Clerk of the Court of Common Pleas within and for
the County of Providence, in said State, do hereby certify that Asa Winsor
is a Justice of the Peace for the town of Smithfield
in said county and State:- that he is by the laws of said State, authorised to administer oaths
and take depositions: and that the signature to the annexed document, purporting [sic] to be
his, are the proper hand writing of said Winsor.
[seal]
In witness whereof, I hereunto set my hand and affix the
Seal of said Court at Providence this twenty first
day of November in the year of our Lord
one thousand eight hundred and thirty-two.
Wm. R. Watson