Revolutionary War Pension and Bounty Land Warrant Application File W. 23,249, Richard Hayes, N.H.
Page 1

SERVICE (3-1776)
N.H.
Haynes, Richard
Lydia
NUMBER
W. 23.249

CONTENTS
 (blank)
Page 2

4247
N. Hampshire Pats
Lydia Hanes
widow of Richard
who served in the Revolutionary  
war, as a private
Inscribed on the Roll at the rate of
23 Dollars 33
cents per annum, to commence on 
the 4th day of March, 1848.
Certificate of Pension issued the
12 day of March 1849
and sent to Richard Russell
Sumerworth
N.H.
Recorded on Roll of Pensioners under act
February 2 1848, Page 43 Vol. 1

(on the right side)
Date of death
Nat on A.B.
Page 3

DECLARATION.
In order to obtain the benefit of the act of Congress, of the 7th July, 1838, entitled "An act granting half pay and pensions to certain widows."

STATE OF NEW-HAMPSHIRE.
STRAFFORD SS. - On this nineteenth day of February A.D. 1839 personally appeared before  the (crossed over) me Esekiel Hurd one ----- of the Justices of the Court of Common Pleas Lydia Hayes, a resident of Rochester -- in the County of Strafford, aged seventy nine years, who, being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 7, 1838, entitled "An act granting half pay and pensions to certian (sic) widows:" That she is the widow of 
Richard Hayes --- who was a private soldier in the war of the Revolution with Great Britain, he enlisted in Madbury in La  County in the year seventeen hundred and seventy six for twelve months and served said time or very near said time of twelve months at Cambridge Massachusetts  and at the ....served (two words crossed out) under General Gates, at  Ticonderoga, the Co.. or  , she does not recollect, neither does she recollect any of his officers while at said Cambridge. She has no documentary evidence in support of her claims except a family ... and of her marriage ... please in the State of Maine formerly of parts of..
She further declares that she was married to the said Richard Hayes o the seventeenth day of July in the year seventeen hundred and seventy seven that her husband, the aforesaid Richard Hayes died on the sixth day of October, eighteen hundred twenty six that she was not married to him prior to his leaving the service, but marriage took place previous to the first of January, seventeen hundred and ninety-four, viz: at the time above stated. 
(A line across these words: Sworn to and subscribed, on the day and year above written, before) Lydia Hayes.
Sworn D D  .... on the day and year above written before me Esekiel  Hurd Justice of the Court of Common Pleas
Esekiel Hurd Justice of the Court of Common Pleas.
Page 4

State of New Hampshire
Strafford County.
I, Francis Cogwell Clerk of the Court of Gorham
Pleas for said county hereby certify that Esekiel Hurd is a Justice of said Court and that the written signatures ... to be his and in my belief genuine. 
In  testimony whence I have hereto set my name and affix the seal of the said court this eighteenth day of April 1839
F Cogswell, Clerk.
Page 5

I, Dudley Hayes, of Rochester, in the county of Strafford, State of New Hampshire, 
Depose & Say, I am the son of Richard Hayes, late of said Rochester, deceased & have heretofore given a deposition relative to the application of Lydia Hayes, widow of the Said Richard Hayes for a pension. My  said deposition was given on the 19th day of February 1839 before Ezekiel Hurd, Esq.
The paper which is annexed to this deposition, is the family record referred to in my said deposition. It is all in the handwriting of the said Richard, excepting the record of his death, which was made by myself.
In my father's life time, I have frequently heard him speak about his applying for a Revolutionary pension, where others were obtaining pensions for service in the Revolutionary war. 
He uniformly[?] said that his property was all that prevented his obtaining a pension. He was, in 1818, a man of considerable property, which he retained until his death, excepting such fruits of it, as he disposed of it to his children. 
Dudley Hayes

State of New Hampshire
Strafford Ss. September 4, 1839.
Personally appearing the above named Dudley Hayes, who is a man of truth and made solemn oath to the  truth of the foregoing affidavit by him signed before me Noah Tebbets Justice of the Peace.
Page 6

Richard Hayes Borned in the year 1753 may the 12 day
Lydia Watson Borned in the y 1760 february the 1 day
Richard Hayes married to Lydia Watson the 17 day of July 1777
... Children Born
1 Salley Hayes Borne December the 13 day in the y 1778
2 Daniel Hayes Born February 18 day in the y 1781
3 Dudley Hayes Born May 18 day in the (illegible) 1783
4 Lydia Hayes  Borne November the 13 May of 1785
Lydia Hayes had .. bye paid  on November 1788
5 Richard Hayes Born May the 15 day of the y 1788
0 Richard Hayes (illegible) october the 27 day year 1792 (underlined)
6  N.. Hayes Borned the 12 May in the y1791
7 Jossiah Hayes Born  august 17 day in the year 1793
8 Richard Hayes the Second Born July the 9 day in the year 1795
9 Mehitabel Hayes Borne June the 28 in y 1797
10 Ezekiel Hayes Borne April 2, year 1800
11 Watson Hayes Borne May 2nd day 1802
Richard Hayes the father of these Children died  october 6 1826, in the seventy fourth year of his Age.
Page 7

State of New Hampshire,
Strafford County
I Francis Cogswell Clerk of the Court of Common Pleas for said County hereby certify that Ezekiel Hurd is a justice of the said Court duly Commissioned and certified, ... Commission was dated in the twenty fifth day of June 1838  and will expire when he shall  have attained the age of seventy years and that I am well acquainted with his handwriting and have no doubt that the signature purporting to be his to the annexed declaration of Lydia Hayes is genuine, I therefore certify the same to be genuine. 
I also certify Charles W. Woodman is a Justice of the Peace in and for said County duly commissioned and qualified, that his Commission was dated on the twenty fourth day of November 1834 and will expire on the 23d day of November 1839 and that being well acquainted with his handwriting I have no doubt that his signature of the annexed affidavit of Daniel Hayed is genuine. I therefore certify the same to be genuine.
I also certify that Noah Tebbets is a Justice of the Peace in and for said County duly Commissioned and qualified. That this Commission was dated the thirteenth day of December 1836 and will expire on the 12th day of December 1839 and that being well acquainted with his handwriting I have no doubt that his signatures to the annexed affidavits  [The writing is covered by square paper on left bottom corner of the page.]
Hain and Dudley Hayes are genuine 
I therefore certify the same to be genuine
Given sender my  hand and Seal of said Court this fifth day of September AD 1839.
F Cogswell, Clerk.
Page 8

October 12, 1933
xxxxxxxxxxxxxxxx

Edith W. Mank
12 Reservoir Street
Lawrence, Massachusetts

RICHARD HAYES
W. 23249
BA-J/MLB

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War record of Richard Hayes, of New Hampshire, who received a pension.

The data contained herein were obtained from the papers on file in pension claim W. 23249, based upon the Revolutionary War service of Richard Hayes.

He was born May 12, 1753, place of birth and names of his parents are not stated.

The soldier was living in Madbury, Stafford County, New Hampshire, prior to the Revolutionary War, and enlisted there, or in Dover, New Hampshire, sometime in the early part of 1776, served three months as a private in Captain John Drew's company, Colonel John Waldron's New Hampshire regiment, and was stationed in the vicinity of Boston; in the latter part of 1776 he enlisted and served five months as private in Captain John Badger's New Hampshire company, and was stationed at Ticonderoga where he was taken sick and on account of his illness was discharged.

He died October 6, 1826 in Rochester, New Hampshire. 

Richard Hayes married July 17, 1777, in the State of Massachusetts (which was later Maine), Lydia Watson, of Dover, New Hampshire, who was born February 1, 1760.  Soon after their marriage, they moved to Berwick, Massachusetts (Maine), where they lived a few years then moved to Rochester, Stafford County, New Hampshire.

Soldier's widow, Lydia, was allowed pension on her application requested February 19, 1839, at which time she was a resident of Rochester, New Hampshire.  She was still living there in 1848.
Page 9

Richard Hayes, and his wife Lydia, had eleven children, whose names were as follows:

Salley Hayes born December 13, 1778

Daniel Hayes born February 18, 1781

Dudley Hayes born May 18, 1783, and in 1839 living in Rochester, New Hampshire.

Lydia Hayes born November 13, 1785

Richard Hayes born May 15, 1788; died October 27, 1792

Naby Hayes born April (?) 12, 1791 (name of month torn)

Hannah Hayes born August 17, 1793

Richard, 2nd, Hayes born July 9, 1795

Mehitabel Hayes, born June 28, 1797

Ezekiel Hayes, born April 2, 1800

Watson Hayes, born May 24, 1802.

In 1839, soldier's brother, Daniel Hayes, who was born in Madbury, Stafford County, New Hampshire, was then living in Milton, same county. 

Very truly yours

A.D. HILLER
Assistant to Administrator
Page 10

1933. Oct 12. - Hist to Edith
W. Mank - MLB

Rosy
WIDOW, &c.
File No. 23849
Lydia Hayes
wid of
Richard Hayes
Priv Rev war
Act: Feb 2d 1848
Index: -- Vol. A, Page 317
[Arrangement of 1870.]
Page 11

SERVICE  NUMBER
[handwritten] N.H. Hayes, Richard W. 23,249
Lydia [end handwritten]

CONTENTS
Page 12

EDITH WEBSTER MANK
12 RESERVOIR STREET
LAWRENCE, MASSACHUSETTS

[handwritten letter]

Sept. 25, 1933

Pension Bureau
Washington, D.C.

Dear Sirs:

Could you give me what record you have for the service and for the family connections of Richard Hayes of N.H.?  I understand that his record is on the N.H. Pension Rolls pp. 83-86 Pension Record W 2349
                                 23249

Very truly yours,
Edith W. Mank
Page 13

6650

Portsmouth New Hamp
Lydia Hayes widow of Richard Hayes, decd
[crossed out text]  and who died on the 6th October 1826 Strafford in the State of N. Hamp who was a Private in the Company and commanded by Captain Drew of the Regt commanded by Colo [blank] in the N. Hampshire line for 7 months

Inscribed on the Roll of Portsmouth NH.
the rate of 23 Dollars 33 Cents per annum,
to commence on the 4th day of March, 1836.

Certificate of Pension issued the 20th day of May 1842 & sent to P. Hall, Esqr
Dover, New Hampshire

Arrears to the 4th of March 1841 $116.65
[crossed out text]
$116.65
Act July 7, 1838.
Recorded by [can't read] Addison Clerk.
Book A Vol. 1st Page 43
Page 14

New Hampshire11.21

Lydia Hayes
widow of Richard Hayes
who was a Private
in the N. Hampshire line,

Inscribed on the Roll at the rate of
Twenty three Dollars thirty three
Cents per annum, to commence on
the 4th day of March, 1843.

Certificate of Pension issued the
thirtieth, day of August 1843
and sent to
Richard Russell
Rochester, New Hampshire

[Act of March 3, 1843.]

Recorded in Book A
Vol. 1. Page 17
.
Rep aiy 30
Page 15

[handwritten, struck through] Opened papers, [illegible] Hon J.A. Eastman April 20th 1840 - [illegible][end handwritten, struck through]
Page 16

[handwritten] Lydia Hayes, widow of Richard
---- [end handwritten]
[handwritten struck through] Set. Ina P. Hale, Sept 17 '39 - to do. Nov 4, 1839
Nov 22 '39 to do [end handwritten struck through]
[handwritten] Act 7. July 38 [end handwritten]
Page 17

[handwritten struck through] let. to V John P. Hale - March 9th, 1841 - [end handwritten struck through]
[handwritten] Act of July '38 [end handwritten]
Page 18

[handwritten] Richard Hayes A. 1876.
Lydia M. 1777 a
Madbury NH.
1776. 12 mos
Capt + M. Drew Waldron.
Chesley
[illegible] Badger Co Col Evary must [illegible struck through]
July [struck through] Aug [end struck through] 29 1776 for Canada
Capt Drew [illegible]
Benj Ham saw him [illegible] in the winter of 1776, did not see him after March, late he return home in the summer of 1777.

M. Drew was Capt of militia in Summer 1776. Waldron was a Militia Col. 

M. Drew was a Capt with him Mar 8 1776 eno Hays and Drew [illegible] 76 [end handwritten]
Page 19

Somersworth Dec 12, 1848

Dear Sir,
Herewith is enclosed the clam of said Lydia Hayes for the renewal of her pension

I am very respectfully your  [can't read] 

[can't read signature]

Col. J. L. Edwards
Washington DC
Page 20

[handwritten] Manchester June 8th [illegible]63

Mr Edwards,
Sir.
Here with are inclosed the Declarations of Widows Polly Perkins, Dolly Philbrick. Lydia Hayes and Rhoda Marsten for a renewal of their [illegible] pensions under the act of March 3rd, [illegible]63. 

I am for your [illegible]
Richard [illegible] [end handwritten]
Page 21

[handwritten] Declaration
In order to obtain the benefit of the Act of Congress passed February 2nd 1848 - State of New Hampshire County of Strafford p. 
On the fifth day of [struck through] November [end struck through] December 1848. personally appeared before the [illegible], a Justice of the Peace in and for the county aforesaid, Lydia Hayes a resident of Manchester in the County of Strafford and State of New Hampshire aged eighty eight years. who. being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed February 2nd 1848. 
That she is the widow of Richard Hayes, who was a Soldier in Captain John Waldron's company two months at Cambridge [illegible] in the Winter of 1776, and a Soldier. five months in Captain Joseph Badger [illegible] Company with Trimderager in the last half of the year 1776 all New Hampshire Troops.
That she was married to the said Richard Hayes on the 17th day of July 1777 and that her husband, the aforesaid Richard Hays died on the sixth day of October 1826 and that she was not married to him prior to his leaving the service; but the marriage took place previous to the first day of January A.D. 1794 at the time above stated. That she has received a pension under the Acts of 1838, 1843 + 1844. at the rate of $23.33 per annum and now remains the [struck through] the [end struck through] widow of the identicle Richard Hays above named 
Witness Dudley Hayes
Lydia X Hayes 
her mark [end handwritten]
Page 22

State of New Hampshire
County of Strafford

On this fifth day of
December
November (strike out) 1848 formally appeared and under
oath that the within Declaration by her 
[unknown] the witness Lydia Hayes was
 under oath that the written Declaration by 
her [unknown] is there.
 Before me Richard Russell  Justice of the Peace

I hereby certify that I am personally 
acquainted with the [unknown] Lydia Hayes
and that she is the widow of Richard Hayes
and was shown a pension as  within
described by her.

Richard Russell    Justice of the Peace
The State of New Hampshire
County of Strafford . Court Of Common Pleas
                                            Clerks Office
I, John H Smith, clerk of said court, hereby certify
that Richard Russell is a Justice of the Peace, through-
out the said State of New Hampshire, duly commissioned
and qualified, that his commission is dated May 20th, 1844,
and will expire May 19, 1949, and that the [unknown] 
signatures, [unknown] his, are true and [unknown]
In testimony whereof I have hereto
[unknonwn] my hand and affirmed the head of 
this court this ninth day of December
A.D. 1848
   John H. Smith Clerk
Page 23




                                                                     Dover NH May 7, 1842

Sir

I wish once more to call your attention to the ap-
plication of Lydia Hayes widow of Richard Hayes for
a pension. The last corrospondance I have had with you
was on the nineth of March 1841. Where you advised me
that the papers of Mrs. Hayes had been recieved & placed on
file & that all [unknown] claims for pensions were rewarded.
Mrs Hayes is so confident of the parties of her claim
for a pension that she does not feel [unknown] to [unknown] [unknown] the parties of it is acknowledged.  By the [unknown]
of Capt Joseph Badgers company, [unknown]
that [unknown] Richard Hayes was in that company, & by
the testimony of Benjamin Ham heretofore [unknown]
is appears that [unkonwn] Hayes was in Boston in Josephs
company pervious to the time of his leaving in Badger's company. You [unknown] his service service must have terminated inn 1176 and not in 1777 as Ham states. I do  not understand
Ham so to state, & of his [unknown] so state. I have no doubt is 
must have been a mistake in writing the affidavid. I have
not a copy of Hams affidavid with me. 
By the accompanying "Return of the Companies of New Hampshire Militia in the Continental Army [unknown] 1778" it appears that Capt Joseph Badger commanded a company prior to the time of Hayes service in Badgers company, & that there is & has been no return of [ unknown strike out]
Page 24

[handwritten] John Drews company on file in the Office of the Secretary of State of N.H. This paper, it appears, to my mind, furnishes conclusive evidence of the accuracy of Benjamin Hams evidence. Ham may be mistaken as to the fact whether Hayes was in the army or Militia, but he is not + he reiterates and re-asserts that he cannot be mistaken as to seeing Hayes there as he has before testified. If Drews company mentioned in the accompanying Return Dec 177[illegible] service at Boston or vicinity, as it is probable they did. Three months, then those three months of service, + the five or six months in Capt Badgers company will confirm the testimony of Daniel Hayes before fur-nished as to the time of Richard Hayes service in the Army.

1. My idea is that Richard Hayes served in John Drews company three months prior to the time that Drew + Badger commanded companies on the Northern frontier in 1776 --- 
[in margin] Mos 
3
2. Hayes after this service in Drews company at Boston as testified to by Ham, + of which company no return is to be found, he enlisted in Badgers company + served six months - 
[in margin] 6.
[in margin] -
[in margin] 9 Mos

I think these conclusions are fairly deducible from the evidence. May I add that I trust that upon a re-examination of all the evidence heretofore furnished, together with that now furnished, you will come to the same conclusion. 

With much respect,
Yours John P Hale
[illegible] Edwards Esq [end handwritten]
Page 25

[handwritten] John P. Hale
March 9, 1841 - 
O.C. [end handwritten]
Page 26

                                                                      58
                                                   Pension Office
                                                    March 9-1841.

Sir,

                          The papers of Ms Lydia Hayes have again been received accompanied by your letter of the 22. of February, and placed upon our files. All claim for services in the New-Hampshire line or militia will for the present be suspended. This step has been rendered necessary in consequence of the withdrawal of the New Hampshire roll(s). Their withdrawal will require new rules of evidence which have not yet been adopted by the Department, So far as claim for service in New-Hampshire are concerned.

Very respectfully
your obl. servant.
Page 27

[handwritten] James L. Edwards Esq
Com of Pensions
Washington DC [end handwritten]
Page 28

Dover NH February 22. 1841


Sir

When I requested to have the papers of Mrs Lydia Hayes sent from your office to me I was very wrong in the hopes of obtaining some more direct and positive evidence of facts which are known to exist in the case, but of which the proof is more only the dictionary or second hand. However I have not been able so to do. And again sent the papers hinting that upon a re-examination of this whole case together (it was furnished by instalments) you will feel authoritative and to grant the applicant a pension. It appears by her naration and also by depo-of Benjamin Ham that Richard Hayes was in the Army.  Ham may he mistaken as to what company and regiments he saw Hayes con-
Page 29

[handwritten] nected with at Cambridge in Winter of 1775-6. but he cannot be mistaken as to the fact of having seen him there. This, then would show a sequence of Hayes subsequent to the time he served with Drew as mentioned in your letter to me of Nov 4. 1839.

It being proved to a certainty that Hayes served 5 months at least in Drews company, it would seem that it is not asking too much credit for Hams testimony to find from it that his term of service extended to at least six months. I commend the whole to you careful re-examination, hoping you will come to a result arguably to the spirit of the case. 
With respect
Yours truly John P Hale
JL Edwards Esq [end handwritten]
Page 30

[handwritten] P.S. as the act is about [illegible], I trust to hear from you before 4th of March next on the subject. JPH [end handwritten]
Page 31

[handwritten] Hon: Ira A. Eastman
April 20. 1840.
O.C. [end handwritten]
Page 32

[handwritten] 315
Pension Office
April 20. 1840

Sir

I return herewith the letter of Mr. Hale, and also enclose the pension papers of Mrs. Lydia Hayes, for which you will please send your receipts. I make the remark, that if as it has been alleged, her husband, Richard Hayes enlisted into the [illegible] service in 1776, he would have been entitled to a pension under the Act of March 18. 1818. Yet he lived until 1826, [circled] and [end circled] never made an application for a pension. 
[illegible signature]

Ira A. Eastman
HR.

OC
July 7 1838
5253 [end handwritten]
Page 33

[handwritten] 248
Depart. of War
Pension Office
Nov 22 1839

Sir

In reply to your letter upon the subject of the claim of Mrs Lydia Hayes, I have to state, that there is no satisfactory proof that her late husband, Richard Hayes performed military service to the amount of 6 mos. The witness, Benj a Ham is wholly in an error when he states that Hayes enlisted into the continental line under M o Drew. a Captain. Drew was appointed a Captain in the line Nov 8. 1776, having served in the summer [struck through] and fall [end struck through] of that year in the militia under Col. Evans. He was not therefore in the continental line, in the winter months [illegible] 1776. Ham says he left Hayes at Porter in March 1776, and that he returned home in the summer of 1777. If Mr. Hayes remained in the service after March 1776, he must have enlisted under some other person than M. Drew. His service must have been terminated in the summer of 1776, and not in 1777 as Mr Ham states, otherwise his name would appear on the continental rolls, which are [illegible] in Nov 1776. Admitting then that Hays continued in the service after March 1776, the [end handwritten]
Page 34

[handwritten] next inquiry will be, at what time in the summer of 1776, did he return home. [illegible] until it can be shown that he served 3 mos from March, 6 mos service is not established. Mrs Hayes' papers remain on file. 

OC
July 7 1838
5253

JP Hale Esq
Dover
NH

[in margin]
J.P. Hale
Nov 22 '39
O.C. [end handwritten]
Page 35

[handwritten] Dover NH November 18.  1839

Sir

I have received a letter from your office of the date of 4th [illegible] upon the subject of the claim of Lydia Hayes for a pension, in which it is suggested that the witness Benja-min Ham has fallen into some error in relation to the service of [struck through] her late husband [end struck through] ^ Richard Hayes, because he says that Hayes was in John Drews company and that the witness met him near Boston in the win-ter of 177 [struck through] 5 [end struck through] 6. + because it is alleged that Hayes served the whole of 1776 in the Continental line. + it is further added that Col Waldron did not belong to that line. I do not know ^that these statements can furnish any objection to Mrs. Hayes' claim for a pen-sion for the following reasons. [illegible] Col Waldron with his regiment was in vicinity of Boston early in 1776 and it is proved by Benjamin Ham that Richard Hayes was there in Waldron's Reg-iment under John Drew who commanded a company [struck through] a company [end struck through] in that Regi-ment. Now if Waldron and Drew were not there at that time, then Ham has fallen into an error, but if they were there [end handwritten]
Page 36

[handwritten] + of this you must of necessity be must most certainly advised, then Ham is not mistaken, and it is proved by unexceptionable testimony that Hayes was at Cambridge or vicinity in the early part of 1776. Col Waldrons Regiment. I suppose were three months Militia men, and after the three months were out, Drew, + probably many of his men among whom was Richard Hayes enlisted in the Continental line in which it is said he probably served about five months. If he enlisted for nine or twelve months, + left before his time was out on account of [illegible] or wounds, is he not en-titled. + his widow also to the service pension he would have had if he had served for the whole period of his enlistment? I beleive that the evidence in this case submitted to you, would establish the fact of nine or even twelve months service before a Jury in any Court of Law in this Country. I trust then that in a case beyond the suspicion of fraud, you are to give a more liberal construction to the law, where an aged + infirm widow is endeavoring to establish her claim to the Comity of the Country bestowed on her, for her late husband's services. There would be given in a Court of Law between con-tending parties. I feel much solicitude [end handwritten]
Page 37

[handwritten] that this matter should be decided right, for I know the parties + have not the least doubt of the entire equity + legal justice of the claim. 
With much respect
Yours 
John P Hale 

JL Edwards Esq
Com of Pensions

P.S. I should feel obliged if you would send me a pamphlet, sometime since published by Congress, containing Pension Laws, Opinions of Atty General on said laws +c JP Hale [end handwritten]
Page 38

I Benjamin Ham of Farmington in the County of Strafford and State of New Hampshire a Revolutionary Pensioner aged eighty three years and upwards in addition to a former affidavit heretofore given touching
this same matter depose and say that when I knew Richard Hayes in the Revolutionary army, he was in a company
commanded by Captain John Drew in a Regiment commanded by Col John Waldron, the name of the Lieutenant Colonel was Chesley; his Christian name I do not recollect,
the name of the Major I do not remember. This was in the year seventeen hundred and seventy six, said Hayes was at this time with the army, which was at that time stationed
near Boston, but whether the place was in Charlestown or Cambridge I cannot now state, as I have not seen the place since that time.  I do not now know how the towns are at present divided but my impression
is that it was in Cambridge. How long since Richard Hayes served I do not know.
October 24, 1839
John P Hale Witness to signature of
Benjamin Ham
State of New Hampshire Strafford SS October 24, 1839
Then Benjamin Ham personally appeared and made oath that the above affidavit by him signed is true before me
John P Hale Justice of the Peace
I hereby certify that the above named Benjamin Ham is known by me to a man of truth
that is to say he maintains that reputation
John P Hale Justice of the Peace
Page 39

State of New Hampshire
Strafford County [can't read]

I Francis Cognell Clerk of the Superior Court of
Jurisdictions for said County, hereby certify, that John P. Hale is a Justice of the Peace within and for the State duly commissioned and qualified, that his commission was dated on
the seventeenth day of June 1836 and will expire on the 16th day of June 1841 and that the within signature purporting to be his is genuine

In testimony whereof I have hereto set my name and affixed the seal of said Court this 25th October 1839.

F. Cognell Clerk
Page 40

October 26 1839
Sir
I herewith send the affidavit of
Benjamin Ham of Farmington to substantiate  the claim of Mrs Lydia Hayes to a pension. I believe that this with the evidence
heretofore taken and forwarded to you will
he entirely satisfactory. Mrs Hayes is not
able to substantiate precisely the time that
her late husband served, although
the evidence, if I recollect it rightly, will
show that he enlisted for a year. This is
one of those cases where there is not the
least ground for (inspecting) any deception.
The witnesses, and all parties concerned are people of unimpeachable character, 
and if the expression of my opinion be of any worth, I will add, that I have no more doubt
that Mrs Hayes is entitled to this pension than
I have that Independence was declared July 4
1776.
I am with much respect
yours
John P. Hale
2 Edwards Esq Com of Pensions
Page 41

[handwritten] Jno. P. Hale
Sept. 17 - '39
O.C. [end handwritten]
Page 42

War Dep
Pen. off
Sep 19. 39

Sir
The claim [can't read] Lydia Hayes widow of Richard Hayes decd under the act of 7 July 38 has been examined and her papers filed in this office.
The service for which the claim is asserted is not duly set forth, as to period, length, grade, names of Compy & Field Officers, stations & without such specification no adjustment can be understandingly made of her claim, a full statement of the service in the forgoing respects should be furnished and supported by the best attainable proof
Gno. P. Hale [can't read]
Dover
N.H.
Page 43

Dover NH Sept 9. 1839

Sir
Enclosed I return to you the papers of Mrs Lydia Hayes with the record mentioned in the affidavit of Dudley Hayes, & who the certificate of the Clerk of the Courts in this County of
the [can't read] of the several magistrates whose official acts make a [can't read] of the case. I would call your attention to the fact that the husband of the applicant enlisted for a year.

The reason why Mr Hayes did not himself apply for a pension is explained in the affidavit of Dudley Hayes. An early answer is requested by Yours with much respect

John [can't read] Hale
JL Edwards Esq
Com of Pensions
Page 44

Declaration
In order to obtain the benefit of the act of Congress of the
3d March 1843 granting pensions for one year to certain widows
who have received pensions under the act of July 7. 1838
State of New Hampshire
Strafford
County
of
Rochester May 23rd
1843
On this twenty third day of May 1843 personally appear
before me Richard Russell a Justice of the Peace in and for
Said Sale, Lydia Hayes a resident of said Shorluster in the
County of Safford and State of
New Hampshire aged eighty
three years who being duly sworn according to law doth on her
oath make the following declaration in order to obtain
the recipt of the proved by the Set of Congress
passed on the 3d March 1843 granting pensions to widows of
persons who served during the Revolutionary War
That she is the widow of Richard Hayes who was pre
value captin John Drews Company of New Hampshire
Militia there months in the vicinity of Boston in the early
part of the year 1776. and five months in Captain Joseph
Badger's Company of New Hampshire Malitia in the last of the
year 1776 at the underage, and that she has received a pension
for five years at the rate of Twenty three dollars and thirty three
cents per annum under the act of July 7. 1838
she further declares that she is still a widow
Attest
Dudley Hayes
Lydie
in
of
Hayes
mark
Sworn and subscribed to on the day and year above written
Before me
Richard Russell Justice of the Peace
The above named Lydia Hayes is a credible person to me well known
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Page 45

State of New Hampshire

Strafford [can't read]. I Westhorp A. Marston Register of the Court of Probate within and for said County of Strafford certify that Richard Russell is a Justice of the Peace within and for said county of Strafford, duly commissioned, qualified and sworn; that his said commission bears date May 21st. A.D. 1839 and will expire May 21. A.D. 1844 and the two foregoing signatures purporting to be his are genuine

In testimony whereof I have hereunto set my name and affixed the seal said Court of Probate this seventh day of June A.D. 1843

W.A. Marston, Register of said Court of Probate
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[handwritten] Widow Hayes Papers
Then entered no 5253
Lydia Hayes.
widow of Richard
N.H. 
Act of July '38
-
[illegible] 26
-
[illegible] Secy. that Capt Drew was Capt Dev. 75 - + ser-=vice [illegible] 2
Badgers - 6
[illegible]
7 mo [illegible]
---
$23.33/100
No deductions.
JP Hall
Dover
N.H.
Page 47

I Daniel Hayes of Milton in the County of Strafford and the State of New Hampshire depose and say that I was born in the year of one thousand seven hundred and fifty nine in Mulberry in said County; that I had a brother Richard Hayes who was nearly six years older than myself; that very early in the year of one thousand seven hundred and seventy six said Richard enlisted at Dover. I believe as a soldier in the Revolution; and immediately took his gun and equipment and left home, going as he said to join our army near Boston; he came home very late in the next fall in quite cold weather the precise time when he left and returned I cannot recollect but I feel sure that he was gone more than eight months. When he came home he was quite weak and sick from the fever and [unknown] which he caught at Ticonderoga as he said. The account he gave of his absence and the only that he ever gave to my knowledge was that he went directly to Boston upon his enlistment, then joined the army - stayed with them till the British evacuated Boston when he was ordered and marched to Ticonderonga where he stayed and did duty in our army till he was taken sick as above and was discharged on account of said sickness; I always understood from him and all the neighbors who ever spoke upon the subject that he had been out in the Revolution as a soldier as I have above stated and never heard that fact disputed; In two or three years after he returned he married Lydia Watson as was said, she lived in Dover, I was not present at the marriage, but he and his wife very soon moved to Berwick in Maine and I helped to move them. They stayed there a few years and then moved to Nochester in this County and always afterwards they lived together as man and wife till he died which was about twelve years ago leaving the said Lydia his widow who had eleven children by said Richard. I understand from my brother Richard at the time that he had enlisted for twelve months. James Gerrish, Paul Gerrish, Andrew Buzzell and John Ham went with said Richard into the army
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and they are all dead; I do not know any one living who was in the army with said Richard --[can't read]Hayes.

State of New Hampshire
Strafford [can't read]
On this third day of April A.D. 1839 [can't read] appeared the above named Daniel Hayes who is known to me to be a man of truth with good credit as to his statements, affixed is aforesaid signature and made Solemn oath that the above affidavit is true

Before me
[can't read] W. Woodman
Jus. Peace
Page 49

I Benjamin Ham of Farmington, in the County of Strafford in State of New Hampshire, depose and say

I am eighty three years of age, am a Revolutionary Pensioner of the United States. Before the year 1775 I was well acquainted with Richard Hayes, who there lived in the town of Medbury, in said County, and who afterwards removed to Rochester in said county and resided there until his death, which took place many years ago. 

In the month of December 1775 I enlisted for the time of three months and went in said month of December to Cambridge, in the State of Massachusetts, and arrived there and in the vicinity of Boston with the army until sometime in the month of March 1776.  

While at Cambridge, during said term, I saw said Richard Hayers very frequently. One reason why I recollect him so well and that he was a great wrestler, and he used frequently to be engaged in wrestling matches with the other soldiers. He was a soldier in the army during said term. How long he continued in the army I cannot tell. I returned home from the army in March 1776, and I do not recollect of seeing said Hayes again until above the time of his marriage he removed to Berwick in the State of Maine.
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[handwritten] Several years after he removed to Rochester aforesaid. I did not see him after that until about 1790 when I moved on to the farm where I now live - after that, I used to see him as I passed up + down on the way to Dover until the time of his death, which, was several years ago
Benjamin X Ham
his mark
Witness Noah Tebbots

State of New Hampshire
County of Strafford [illegible] April 6, 1839. There personally appeared Benjamin Ham above named to make oath to the truth of the foregoing deposition. Before me Noah Tebbets Justice of the Peace.

I hereby certify that the said Benjamin Ham is entitled as a person of unquestioned veracity and his statements under oath are entitled to full credit.
Noah Tebbets Justice of the Peace.
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[handwritten] I Dudley Hayes of Rochester County of Straf-ford and State of New-Hampshire aged fifty years de pose and say I am the son of Richard Hayes late of said Rochester (deceased) and Lydia Hayes [stricken] and [end stricken] his wife now of said Rochester; [stricken] [illegible] [end stricken] said Richard Hays and said Lydia Hayes ever since my [illegible] because lived together, as man and wife, and they had eleven children. I further depose and say my said father had while he lived, and left at his decease a family record of births, marriages, and Deaths, and that I have known said record ever since I was a little boy, and since the death of my said father I have had the custody and keeping of said record, and that there is on said record the following "Richard Hayes married to Lydia Watson the seventeenth day of July ^ [illegible] seventeen hun-dred seventy seven"

The above is a true copy of the record referred to with the exception of the date which is expressed on said record in fair legible figures as follows "Richard Hayes married to Lydia Watson the 17 day of July yd. 1777"

I further testify and say said Lydia Hayes who's maiden ^name I always understood to have been Lydia Watson, is the same person who made a declaration this day before Ezekiel Hurd, and that she has not been married since the death of said Richard Hayes which death happened to my knowledge the sixth day of October eighteen hundred and twenty six. 
Dudley Hayes
State of New-Hampshire
Strafford [illegible] July 19. 1839 There the above named Dudley Hayes personally appear-ing who is a man of truth [stricken] and [end stricken] made solemn oath to the truth of the foregoing affidavit by him signed before me. Ezekiel Hurd Justice of the P [end handwritten]
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State of New Hampshire
Stafford County [can't read] I Francis Cognell, Clerk of the Court of Governor Pleas for said County hereby certify that Charles W. Woodman, Noah Tebhats and Ezekiel H[can't read], Esquires, are each of them Justices of the Peace within and for said County and that
I believe the signatures to the annexed
affidavits purporting to be theirs are genuine.
Witness my name and Seal of Office
this 18th day of April 1839

F. Cognell, Clerk