Revolutionary War Pension and Bounty Land Warrant Application File W. 17400, for Gilbrath Neill, North Carolina
Page 1

SERVICE N.C.
Neill, Gilbrath
or Niel Gilbraith
Martha
NUMBER W. 17400
CONTENTS [blank]
Page 2

[left hand page]
Aug 5 1834

[right hand page]
North Carolina 
Gilbraith [Gilbreath; Gilbrath] Neill [Neil]
of Iredel [Iredell] in the State of North Car:[Carolina] who was a Lieut. in the company commanded by Captain [Gilbreath] Falls of the Regt commanded by Col. [Charles] McDowell
in the North Carolina line for 17 mos & 18 days

[illegible] $234.66 
D [illegible] 

Inscribed on the Roll of North Carolina at the 
rate of 324 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 21 day of 
June '33 [1833] and sent J. Campbell Statesville N.C.

Arrears to the 4th of March '33 [1833] - 649.32
Semi-anl. allowance ending 4 Sept..
162.33
$811.65

{Revolutionary Claim, Act June 7, 1832.}

Recorded by Wm. Miller Clerk,
Book E Vol 6. Page [?]50
Page 3

[left hand page]
3552
North Carolina
Martha Niel [Neill]
widow of Gilbraith Niel [Gilbreath Neill]
who died on the 29th January 1834, of Iredel Co. in the State of North Carolina 
who was a Lieutenant in the Company commanded by Captain [Gilbreath] Falls N.C. of the Regt. commanded by Col. [Charles] McDowell in the North Carolina line for 17 months and 18 days.

Inscribed on the roll of North Carolina at 
the rate of 234 Dollars 66 Cents per annum to commence on the 30th of January 1834.

Certificate of Pension issued the 3rd day of May 1841 and Sent to Theophohus Falls Esq: Stateville N.C.

Arrears to the 4th of March 1840 $1663.47
Semi=annual allowance ending 117.33
$1780.80

{Revolutionary Claim, Act July 4, 1836, Section the 3rd}

Recorded by W. W. Tyler Clerk,
Book C Vol. 3 Page 184

[right hand page]
Date of widows death not on AB
Page 4

State of N. Carolina
Iredell County 
Court of pleas & quarter sessions August Session 1882

On this 23rd day of August 1832 appeared before the Justices of the court of pleas & quarters Sessions of Iredell County in the State of North Carolina Gilbraith [Gilbreath] Neill resident in Iredell County State of North Carolina aged eighty years who being first duly sworn according to law, doth 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 as herein stated. That he was a Lieutenant in a company of Militia commissioned by Capt. Gilbraith [Gilbreath] Falls and as such entered the service of the United States sometime in the summer of 1776 as a volunteer for three months.

that the Corps in which he was joined Gen. [Griffith] Rutherford commander near the head of the Catawba River. that Col. [Charles] McDowell commanded the Regiment to which he belonged and remained there stationed to protect the 
frontiers from Indian invasion. 

before the three months expired he was taken sick and returned home!! that in the spring of 1777 he again entered as a volunteer lieutenant under the same Capt. 
[Gilbraith Falls] for another three months tour and marched to Broad River in South Carolina where he joined the army under General Picking [Andrew Pickens], and marched to the neighborhood of Ninety-Six  
in said State in pursuit of the Tories who were reported to be in force
Page 5

there after having performed the object of the Campaign the dispersion of the tories.

he was discharged and returned home, that in the spring of the year 1779 he again volunteered for another tour of three months under the same Capt. [Gilbreath Falls] and marched to Augusta in Georgia where he joined the army under Gen. Lincoln [Benjamin Lincoln] encamped in that town for about six weeks was then marched to Stono and was in the Battle at that place [Battle of Stono Ferry, near Charleston, South Carolina, June 1779]
and after the Battle was discharged having served this tour about four months. 

Afterward he again joined as a volunteer as lieutenant in the same Company and joined the corps commanded by Col. Locke [Francis Locke]  and Gen. William [Lee] Davidson and was engaged in reconnoitering expeditions in the Neighborhood of Rocky River in North Carolina where his station was and at the expiration of three months he was discharged.

That in the year 1780 he was again in the service in the same company and was at the battle of Ramsours [Battle of Ramsour's Mill, North Carolina] on the 20th day of June 1780 and then he returned home.

That in addition to the services he was often called for short periods of time into the service of his Country untill the Capture of Lord Cornwallis. [General Charles Lord Cornwallis] That honestly and conscientiously believes he was more than two years in actual service 

That he has no documentary evidence & that he knows of no persons whose evidence he can procure (except such as is here subjoined) who can testify to his service.
Page 6

That he was born in Rowan County North Carolina in the year 1752 that his age is worded in Bible in his own possession, that at the time he entered the service he lived where he now does in Iredell County (then Rowan) N Carolina

that he always volunteered as set forth above that he has named the Regular officers before mentioned and others whose names he has forgotten. that he had a commission of Lieutenant but does not remember who signed it as he lost it long ago.

He refers to William Falls and Andrew Ramsey
in proof of the general opinion of the Neighborhood supporting his service. he hereby relinquishes every claim whatever to any pension or annuity except the present and declares his name is not on any pension Roll of the agency of any State.

Sworn and subscribed the Day and Year above written.
Gilbriath Neil
A. Simonton  Clerk

We William Falls & Andrew Ramsey of the county of Iredell and state of North Carolina Residents hereby certify that We are well acquainted with Gilbreath Neill who has subscribed & sworn to the foregoing Declaration. 

that we believe him to be 80 years of age That he is Reputed and believed in the Neighborhood where he resides - to have been a soldier of the Revolution and that we concur in opinion and William Falls further says That he Saw him at the Battle of RamSour [Battle of Ramsour's Mill, North Carolina]
Page 7

and although he was not in the whole
of the service with [illegible] Gilbreath
Nail [Neill] he swears on oath that he has
every reason to believe that he served
as above stated and also Andrew
Ramsey swears that he believes that
the services rendered by [illegible]
Nail as set forth in the foregoing Declaration
are true-
Wm. Falls
Andrew Ramsey

George Davidson certifies that he knew Gilbraith Neil [Neill] at the time of the Revolutionary war and ever since, and does know that he was always reputed to have been an active soldier and that he was a long time in the service.
Geo. L Davidson

Gilbreath Neills
Declaration
Page 8

5344
No 5344
N.C. July 4 1836
Page 9

State of North Carolina
Iredell County

On this 29th day of March one thousand Eight Hundred and forty-one personally appeared before me John Young one of the acting Justices of the Peace in the County aforesaid Martha Niell [Neill] a resident of the county & State aforesaid aged Ninety two years who being first duly Sworn according to Law, doth on oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 4th 1836.

That She is the widow of Gilbreath Neill who was a Lieutenant of Cavelry [Cavalry] in the North Carolina Militia In Capt. Gilbreath Fall's company as a volunteer. That she is unable at this time to give a full account of all the services rendered by her Husband during the revolutionary war, but She well recollects that in the summer of seventeen Hundred and seventy six that he the said Gilbreath Neill served one tour of three months in said company in Genl. [Griffith] Rutherford Brigade and was stationed near the head of the Catawba River in said state [North Carolina] 

that after he returned and remaining at home some time he again volunteered as a Lieutenant in said company, that in the Spring of seventeen Hundred & seventy-seven he was marched to a place called ninty-six in the State of South Carolina and returned in about three months.

that in the Spring of seventeen Hundred and seventy Eight as well as she now recollects he again volunteered as a Lieutenant in said Company and was again marched to the State of South Carolina and was at the Battle of Stono [Battle of Stono Ferry, South Carolina 1779] under the command of Genl. [Benjamin] Lincoln and he afterwards volunteered as a lieutenant in said Company under the command of Genl. William [Lee] Davidson and his services was chiefly
Page 10

Rendered in the County of Mecklenburg 
and that he afterwards volunteered as Lieutenant in said Company under the Command Colo. Lock [Francis Locke] and was at the Ramsour's Battle [Battle of Ramsour's Mill, North Carolina 1780] in the County of Lincoln [now Lincolnton]

her memory does not now serve her well enough to give any further Information as to her Husbands Service but reference can be had to his declaration who was  placed of the pension roll June 21st 1833.
and drew a pension of three Hundred & twenty four Dollars & sixty six cents per annum until the day of his death. 

that during the period of his services we resided in what was then Rowan County, now Iredell County in the State of North Carolina.  She further declares that she was married to the said Gilbreath Neill on the 15th day of November in the year seventeen hundred and seventy four in the county of Chester in the state of Pennsylvania

That her husband the aforesaid Gilbreath Neill died on the 29th day of January 1834 and that she has remained a widow eversince that period. As will fully appear by reference to the proof hereto annexed, sworn to and subscribed on the day and year above writen before. 

She further swears that she has no documentary evidence relative to the subject matter of the foregoing declaration except a record in her family Bibles of the date of her marriage . 
Test
Martha Neill
John Young JP
Page 11

March 29th 1841
Personally appeared before me John Young an acting Justice Andrew Ramsey & being duly sworn according to Law deposeth and saith that he was well acquainted with
the present aplicant [applicant] in the State of Pennsylvania and also with her decd. Husband Gilbreath Neill that he distinctly recollects that the said Gilbreath Neill previous to the
Revolutionary War. Probably in the year 1774, went from this County then, Rowan County, to the State of Pennsylvania for the purpose as it was remained & as he beleves [believes] of marrying the present applicant & that he saw him immediately upon his return from
Pennsylvania accompanied by the present aplicant [applicant] as his wife who was universally reputed as such
that they settled in a few miles of the deponant [deponent] & continued to reside then as husband & wife until the day of his death that the present aplicant [applicant] is the widow of the said Gilbreath Neill. who died at the time stated in the foregoing declaration & that the present aplicant [applicant] has remained a widow ever sence. [since] (deponent moved to this country from  the State of Pennsylvania in the year 1766 and has resided at the same place ever since)
deponent further states that he always understood & believes that the said Gilbreath Neill rendered frequent service in the revolutionary war.
Test John Young JP
Andrew his X mark Ramsey
State of North Carolina }
Iredell County }
I John Young one of the acting Justices 
of the peace in Said county do hereby certify that Martha Neill the aplicant [applicant] in the foregoing declaration by reason of Bodily Infirmity is unable to appear in a court of Record in the county in which she resides & he further certifies that the present aplicant [applicant] & afiants [affiants] Andrew Ramsey whoes [whose] affidavit appears with the foregoing declaration & Ephraim Davidson whose affidavit appears on a paper attached hereto are all of undoubted character
& credibility.
29th March 1841
John Young JP
Page 12

State of North Carolina
Iredell County 
March 29th, 1841

Personally appeared before me, (an acting justice of the peace for said State & county) Ephraim Davidson, who being duly sworn  deposes, that he was in the State of Pennsylvania in the year 1774 & 
remained for some short period at the house of the Father of Wm. [William] Neil the present applicant [Martha Neill] not long after her marriage with Gilbraith [Gilbreath] Neil.-

That he was not present at the ceremony but her of marriage, but was well assured & convinced of the fact from circumstances, from the report of parties & common reputation - that upon his return to North Carolina, Gilbraith Neil [Gilbreath Neill] & his wife the present application accompanied him
Page 13

in the journey & settled some few miles from deponent where they continued to reside during his life & further the deponent sayeth
not -
Ephraim Davidson 
Jus Anderson JP
Page 14

State of North Carolina }
Iredell County }  I Joseph F. Alxander Clerk of the Court of Pleas and Quarter Sessions of the County of Iredell aforesaid do hereby certify that John Young and James Donoldson whose names appear to the foregoing decliration [declaration] and affidavits are acting Justices of the peace in and for said County and were at the time of signing the same duly commissioned and qualified according to Law
and the signatures purporting to be theirs are genuine
I further certify that I am personally and well acquainted with Andrew Ramsey & Ephraim Davidson and that they are both men of undoubted veracity
In testimony whereof I have hereunto set my
hand and affixed the seal of my office
at Statesville the 5th day of April in the
year 1841
J. F. Alxander Clerk
of the Court of Iredell County

5344

No 5344

NC
July 4 1836
Page 15

Gilbreath Neill
[Gilbrath Neil]
N.C.
No. 9560
Ret
Admt [amount] as Lieut.
17 mo & 18 days
$234.66
e.
J Campbell
Statesville NC
Page 16

WAR DEPARTMENT,
Pension Office,
Apl. 25 1833

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 [show] what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your
claim.
A Statement, shewing [showing] the Service of Gilbreath Neill

Period when the service was rendered.
1776 vol 2
vol 3
1779   "  4.
           "  3
1780   "
3
1

Duration of the
claimant's service.
Years.
Months.
Days.
3 [under "Months."] taken sick and returned home before expiration
3 [under "Months."]
3 [under "Months."]
3 [under "Months."]
was often
called for
short services
and honestly
believes was in
the service
more than 2 years

10 days
14
14
14

Rank of the claimant.
Lieut.
   "
   "
   "

Names and Rank of the Company
officers under whom he served.
Capt. Gilbreath Falls
      "
      "

Names and Rank of the General
and Field officers.
Genl. Rutherford
Col. McDowell
Genl. Pickens
Genl. Lincoln
Col. Locke
Genl. W. Davidson

Battles in which the applicant was engaged.
Stono
Ramsour

Country through which he marched.
From Broad River to 96 S.C.

Place of abode when he entered the service, and age, at the present period.
80 years
Rowan Co. N.C.

Evidence by which the declaration is supported.
Traditionary
Witnesses

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

The applicant must produce some evidence that he was duly commissioned by some competent authority, either by the exhibition
of the commission or direct testimony-
Page 17

2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia", and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.

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

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

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

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

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

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ____
Sworn to and subscribed the day and year aforesaid.                                   A.B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I ____ of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of
_____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this ____ day of ____ &c.

If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the ____
and C. D. residing in (the same) hereby certify, that we are well acquainted with _____, who has
subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting 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 it appears to them that 
A. B. ____ who has signed the preceding certificate, is a clergyman, resident in the ____
and that D.D., who has also signed the same is a resident in the ____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this ___  day of
& c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
Page 18

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 be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did 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 receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that 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 that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the 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 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 or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will 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 opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[ a ] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[ b ] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[ c ] The age of the claimant must invariably be mentioned.
[ d ] The declarant must mention the period or periods of the war when he served.
[ e ] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent  loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: - For --- year --- months, and --- days, I served as a ----. For --- months and --- days, I served as a ----: and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectional 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;
he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.
[ f ] The law makes the relinquishment indispensable.
] g ] The opinion of the Court is always required.
[h ] The Clerk must give his certificate in every case.
[ i ] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

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

Proof of Service.
[ j ] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[symbol with finger pointing] The notes from 
[ a ] to [ i ] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note [ j ] applies to continental troops only.
[ k ] This traditionary evidence is indispensable in militia cases.
[ l ] If a witness cannot be found, the declarant must state the fact.
[ m ] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 19

April 9, 1938

xxxxxxxxxxxxxxxx

Gilbraith Neill
W. 17400
BA-J/MMHF;MLB


Dr. N. Worth Brown
Toledo Clinic
2001 Collingwood Avenue
Toledo, Ohio

Dear Sir:

Reference is made to your letter in behalf of Dr. William A. Neill, of Toledo, Ohio, who desires the Revolutionary War record of Galbraith Neill of Iredell County, North Carolina, and that of his brother, William Neill, Ensign and Lieutenant, also, of Iredell (Rowan) County, North Carolina.

There is no claim for pension on file based upon service in the Revolutionary War of the William Neill (under any spelling of the name)
cited above.

All papers in the claims for pension of Gilbraith Neill and his widow, Martha, pension file No. W. 17400, have been examined very carefully and the following data found:

Gilbraith Neill was born in 1752 in Rowan County, North Carolina; the names of his parents are not shown.

Gilbraith Neill, while a resident of Rowan County, that part later called Iredell County, North Carolina, was commissioned lieutenant. He volunteered and served with that rank on several tours in the North Carolina troops, as follows: In the summer of 1776, about two or three months in Captain Gilbraith Falls' company, Colonel McDowell's regiment, and went on the Cherokee Expedition in protection of the frontier; in the spring of 1777, three months in the same company, and marched to
Ninety Six, South Carolina, in pursuit of Tories; from the spring of 1779, four months in the same company and was in the battle of Stono,
and another tour of three months in 1779 in the same company in Colonel Locke's regiment; in 1780, ten days in the same company and was in the battle of Ramsours; again in 1780, fourteen days in Captain Caldwell's company, and went in pursuit of the Tory, Bryan, to Guilford; again in 1780, fourteen days in Colonel Davidson's regiment and went to the mouth of Rocky River in pursuit of Tories and was in a skirmish with them;
Page 20

again in 1780, three months under Colonels Locke and Morgan; in the spring of 1781, one month fourteen days in Colonel George Davidson's regiment.

This officer was allowed pension on his application executed August 23, 1832, at which time he was aged eighty years and a resident
of Iredell County, North Carolina. He died January 29, 1834.

Gilbraith Neill married November 15, 1774, in Chester County, Pennsylvania, Martha, whose maiden name is not shown.

Martha Neill was allowed pension on her application executed March 29, 1841, at which time she was aged ninety-two years and a
resident of Iredell County, North Carolina. At the time she made her application for pension, one Ephraim Davidson, of Iredell County, North Carolina, stated that he was in Pennsylvania in 1774, at the home of Martha's father shortly after her marriage to Gilbraith Neill and returned to North Carolina with them and they lived always near his home, also,
one Andrew Ramsey at that time of Iredell County, North Carolina, stated
that in 1766, he moved from Pennsylvania to Rowan County (that part which was later Iredell County), North Carolina, where he had resided
ever since, that he was well acquainted with said Martha in Pennsylvania and that prior to the Revolutionary War, about 1774, Galbraith Neill went from Rowan County, North Carolina, to Pennsylvania, to marry Martha and
returned to Rowan County with her, his wife.

Andrew, the son of Lieutenant Gilbraith Neill, in 1838 was a resident of Iredell County, North Carolina, and stated that he recalled
having seen his father's commission as lieutenant, as he believed it was,
with with (sic) a large seal appended to it. His age is not shown and no names of any other children were given.

In 1833, William Falls, son of Captain Gilbraith Falls, was a neighbor of Lieutenant Neill, the pensioner, and stated that he saw him
in battle at Ramsours. George L. Davidson stated in 1832, in Iredell County, North Carolina, that he knew Gilbraith Neill at the time of the Revolution and had known him ever since. John Cavin stated at that
time (1833) that he knew Lieutenant Gilbraith Neill. Abraham Simonton was then Clerk of the Court of Iredell County, North Carolina, and James Campbell, Justice of the Peace.

In 1841, one Theophilus Falls was a resident of Statesville, Iredell County, North Carolina; John Young and James Donaldson were then Justices of the Peace of that county, and Joseph F. Alexander was Clerk of the
Court. No relationship of any of those persons to the families of the applicants for pension is shown.

- 2 -
Page 21

In order to obtain the date of last payment of pension on Martha, you should apply to the Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:

Martha, widow of
Gilbrath or Gilbraith Neill
Certificate #[? 3552]
Issued May 3, 1841
Rate, $234.66 per annum
Commenced January 30, 1834
Act July 4, 1836
North Carolina Agency.

Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator
Page 22

[left hand page]
1917 May 22. Hist. to Mrs. D. F. Stevenson
1938 Apr 9 Hist to Dr. N Worth Brown MFB

[right hand page] 
Rev WIDOW, &c.
File No. 17400
Martha Niel [Neill]
Widow of Gilbraith Niel 
Lt. Rev. War
Act: July 4th 1836
Index:- Vol. M, Page 86

[Arrangement of 1870.]
Page 23

Gilbraith Neill act June 7, 1832
$324.66 d 1834 when paid:
paid
H H S
Apl. 24 '44
Died 29 Janr. 1834 paid to that period
JH
M Harry
Page 24

Martha Niell [Neill]
Wid. of Gilbraith
N Ca.
Act July 4 1836
Married Nov 15, 1774
died 29 Jan 1834
Allow $234.66 per anm.
for 17 mo 18 day Lieut.
Col. McDowell's Regt.
N Ca. Militia
Page 25

Hon. John Bell
Secretary of War
Page 26

Statesville Iredell County No. Ca.
April 6th 1841

Hon. John Bell
Dear Sir
Inclosed [Enclosed] is Martha Neills and
Rufus Ramseys Declarations to draw pensions
under the act 1836 It is very desirable that
these papers be examined as soon as practicable
so that more proof may be procured soon if
it should be required all those revolutionary
soldiers is geting [getting] very frail and it will soon be out of the question to procure proof
In the case of Mrs. Neill I have refered [referred] you to the Declaration of her husband which will
aid you in the investigation of her claim
Very Respectfully yours
Theophilus Falls [signature]
Page 27

REVOLUTIONARY WAR RECORDS SECTION.
3 - 525
DEPARTMENT OF THE INTERIOR.
BUREAU OF PENSIONS.
W.F. 17.400
Washington, D. C., _____ 19 __

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

DATES OF ENLISTMENT OR APPOINTMENT.
vol Summer 1776
vol Spring 1777
Spring 1779
vol 1779
1780
1780
1780
1780
Spring 1781

LENGTH OF
SERVICE. [illegible]
2 or 3 mos.
3 mos
4 mos.
3 mos.
10 days
14 days
14 days
3 mos.
1 mo. 14 days

RANK.
Lieut.
  "
  "
  "
  "
  "
  "
  "

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
Gilbraith Falls
Gilbraith Falls
Gilbraith Falls
Gilbraith Falls
Gilbraith Falls
[check mark[ Caldwell
To 96 [illegible]

COLONEL.
McDowell
Locke
+ [illegible] Tory [illegible words]
Davidson
{Locke
{Morgan
{George Davidson

STATE.
N.C.
bat. [battle] Stono
Ramsours
[illegible words]

Battles engaged in, [illegible] Cherokee Expedition, Stono, Ramsours

Residence of soldier at enlistment, Iredell County (then Rowan Co.) N.C.

Date of application for pension, Aug. 23, 1832. 
His cl. al.

Residence at date of application, Iredell Co. N.C.

Age at date of application, 
{born in 1732 52? in Rowan County, N.C.
{dec'd. Jany. 29, 1834

Remarks:
He married Nov 5 1774 in Chester Co. Penn. Martha --- She was al. pension on an application executed Mch. 29, 1841 while a resident of Iredell Co. N.C. aged 92 years. Son Andrew testified in claim No other family data.

Respectfully,

Commissioner.

d-285G
Page 28

TOLEDO CLINIC
2001 COLLINGWOOD AVE.
TOLEDO, OHIO

Feb. 11, 1938.

Mr. A. D. Hiller, Executive Assistant,
Veteran's Administration,
Washington, D.C.

Dear Sir:

On behalf of my friend and professional associate, Dr. Wm. A. Neill of this City, I am asking for a copy (typewritten) or photostatic if more convenient) of the application of Galbraith Neill, Iredell Co., N.C., for a pension based on his services during the War of the Revolution. This request was presented by his widow, Martha Neill and was dated March 29,
1841.

The name is spelled in various ways Neal, Neall, Neil, Nail; and the first name Gilbreth, Gilbreath or Galbraith. Galbraith Neill served as a Lieutenant in the company of Capt. Galbraith Falls, and at the time of his enlistment resided in that part of Rowan Co., which was later cut off to form Iredell Co., North Carolina.

This Galbraith Neill had a brother William Neill (Neal), who also had a record as a Revolutionary Soldier. This William Neal of Rowan ( or Iredell ) County, North Carolina, rose from the rank of Ensign in 1777 to that of Captain in 1780 when he was in command of
the reserves of 690 men, of Col. Campbell's Regiment, at the Battle of King's Mountain. If this William Neill applied for a pension
we should like a copy of his application also.

We shall appreciate very much the assistance of your office in this matter and will be glad to meet any expense which may be involved in the clerical work involved.

Sincerely yours,
N. Worth Brown. [signature]
N. Worth Brown, M. D.
Page 29

Rev sec
MH

School of Secretarial Art
25 WEST PEACHTREE PLACE

E. A. STEVENSON.
PRINCIPAL
D. F. STEVENSON.
MANAGER

SHORTHAND
AND TYPEWRITING
SPECIALIZED

It is a low benefit to give me something;
it is a high benefit to enable me to
do somewhat of myself - (Emerson)

ATLANTA, GA., May 11, 1917.

COMMISSIONER OF PRNSIONS [PENSIONS]
Washington, D. C.

Dear Sir:

Will you please send me the record of service
of my ancestors, - John Stevenson, and Gilbreath Neill, both revolutionary pensioners in Iredell County, N. C., in 1833, and oblige,
Yours very truly,
Eva Allison Stevenson [signature]
25 West Peachtree Place,
Atlanta, Ga.

Address,-
Mrs. D. F. Stevenson,
25 West Peachtree Place,
Atlanta, Ga.
Page 30

State of North Carolina }
Iredell County }
This day personally appeared Gilbraith Neill before me the subscribing justice of the peace in and for the County aforesaid and being Sworn in due form of Law doth upon his
oath make the following additional declaration in order to obtain the benefit of the provision made by the act of Congress passed the 7th day of June 1832.
He deposeth and saith that by reason of old age and consequent loss of memory he cannot swear precisely as to the length of his service but to the best of his recollection he served not less than the periods mentioned below.
His first tour as mentioned in his declaration was in the year 1776. He served as Lieutenant in the company of militia commanded by Capt. Gilbraith Falls and marched on the Cherokee expedition and was taken sick and returned home, not less than ____  2 months
In the year 1777 he again served as Lieutenant under Capt. Falls and marched to Ninety Six in South Carolina. This is the second tour mentioned in his declaration . . . . . . . 3. 00.
The 3rd tour mentioned in his declaration was in 1779 as Lieutenant under the same Captain. He marched to Georgia and was at the battle of Stono. he served --- 4. 00
The 4th tour mentioned in his declaration was performed under the same Captain also in the year 1779 and was for.    3.00
The 5th tour was [words crossed out] at Ramsours Mill. he was in the service this tour 
. . . 10 days
He also states that immediately after the battle at Ramsours he marched under Capt. Caldwell after Bryan the tory leader and pursued him to Gilford & was out ____ 14 days
________
12.24
Page 31

12 2[?]
that immediately after his return from persuing Bryan there in the same year 1780. he was called upon to march to the mouth of Rocky River under Co.l Davidson after the tories and was out.  . . 14 days
there was a skirmish with tories.
That in the same year 1780 he served a tour under Col. Locke and General Davidson marching into Mecklenburg.
and was stationed on Rocky River at the time the British was in Charlotte, and after they fell back to Camden.
he was joined to Col. Morgans command to follow after the British and returned to Mecklinburg [Mecklenburg] was then discharged this term was ____ 3. 00
That he was also under Col. George Davidson in the Spring of 1781 in a tour to South Carolina and was engaged in looking after the tories - - ____ 1. 16
____
17.22
for such services he claims a pension

The [illegible] says that he was appointed and commissioned a Lieutenant in the militia at the time he first entered the service and kept his commission for many years but supposing it to be of no value he has suffered it to be destroyed. He is uncertain who signed the
Commission although he believes it to have been Governor Martin.
Gilbraith Neill
Sworn and subscribed
May 17th 1833 before me
J. Campbell J P.
Page 32

William Falls being sworn saith that he knows that Gilbraith Neill did act as lieutenant in the company of which my father Gilbraith Falls was Captain, and that he has seen him in service as such.
Wm. Falls
Sworn Subscribed before me
this 17th day of May 1833
J. Campbell J.P.

Andrew Neill being sworn saith that he has frequently seen a paper among his fathers papers having a large seal appended to it which he understood and believes to have been his fathers Commission given to him as Lieutenant in the time of the war: He thinks when he last saw it it was in the hands of a child and he supposes was suffered to be
destroyed as a matter of no value. 
Andrew Neill
Sworn & Subscribed before me
this 17th day of May 1833
before J. Campbell JP

John Cavin swears that he mustered under Gilbraith Neill as lieutenant during the Revolutionary War and he understood that he was such during the whole time of that war.
John Cavin
Sworn & Subscribed before me
this 17 day of May 1833
J Campbell JP.
A [? Simonton?] Clk [crossed out]
Page 33

State of North Carolina }
Iredell County }
I Absalom Simonton Clerk of the Court of pleas
and quarter sessions of Iredell County do
hereby certify that James Campbell before
whom the foregoing affidavits were made
is an acting Justice of the peace in and for said
County and that his signature thereto is genuine
And I further certify that William Falls and John
Cavin are old men, themselves reputed to have been in the Revolutionary War, and together with Andrew Neill the other witnesses are men of Reputation [illegible and crossed out]
all being creditable persons and their statements entitled to credit.
In testimony whereof I
have hereunto set my hand [illegible]
affixed the seal of my office
at Statesville this 20th day of
May 183.
A Simonton Clerk

State of North Carolina
Iredell County
I also certify that William Falls John Cavin and Andrew Neill are resident in said County [illegible] [illegible] one
all of them creditable persons and their statements entitled to credit May 20 1833
J Campbell J.P.
Page 34

9560
Gilbreath Neills [Neill]
Declaration
No 2

Gilbreath Neills
Page 35

9560
Gilbreath Neills [Neill]
Declaration
No 2
Page 36

And the said Court do herby declare their opinion after the investigation of the matter and after putting the  interrogatories presented by the war department that the
above named applicant was a Revolutionary Soldier and served as he states.
And the Court further certifyes [certifies] that it appears to them that William Falls Andrew Ramsy and George L. Davidson who signed the preceding certificates reside in the County of Iredell and State of North Carolina and is credible persons and that their Statement is intitled [entitled] to credit.
J. Campbell Clk

I Absalom Simonton Clerk of the Court of Pleas
and Quarter Sessions of Iredell County North
Carolina do hereby certify that the foregoing
contains the original proceedings of the said
Court in the matter of the application of Gilbreath Neil for a pension
In testimony whereof I have hereunto
Set my hand and Seal of office
this 23rd day of August 1832.
A Simonton Clerk