Revolutionary War Pension and Bounty Land Warrant Application File W. 24,233, Garner Fortune, Va.
Page 1

SERVICE: Va.
Fortune, Garner or Gardiner
Lucy
NUMBER: W.24.233
CONTENTS:
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The certificate was made payable at Richmond, VA but reported for payment to Gen. J. P. Vanness. P Apt Washington City D.C. See letter June 25, 1842.
Let to T. L. Fortune Jan 29, '46
A Ray July 6, 49

6688.
Virginia
widow of Lucy Fortune dec'd late Garner or Gardiner Fortune, dec'd
and who died on 2nd December 1826 of P. W[illegible] in the State of Virginia who was a Private in the Comp commanded by ________ of the Regt commanded by [illegible] Gibson in the State line [illegible] years.
---------------------
Inscribed on the Roll of Virginia at the [illegible] 80 Dollars - Cents per annum, is certified on the 4th day of March, 1836 & term [illegible] on the 19 Nov. 1840 her death.
---------------------
Certificate of Pension issued the 23 day of June 1842 & delivered unto B. Hooe, Esq., Present, June 24, 1842.
---------------------
Answer to the 4th of March, 1840, 
semiannual allowance ending 19 Nov, 1848 when she died.

320.00
 56.66
-------
$376.66

Act July 7, 1838.
Recorded by Theo. L. Moody Clerk, Book [illegible] Vol 2. Page 181
Pay(Illegible) made to Francis Cundiff. Mary, [illegible] Elizabeth Jennings, Malinda [illegible] Fortune, Thomas Fortune, [illegible] is: Lucy Fortune deceased
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State of Virginia, Prince William county, ss
On this 21st day of September, 1838, personally appeared before me, James D. Tennille, a Justice of the Peace in and for the county of Prince William in the state of Virginia, Lucy Fortune, a resident of said county and state, aged eighty 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 provision made by the act of Congress, passed July 4th, 1836. That she is the widow of Garner Fortune, who was an enlisted soldier in the Virginia State, or continental line, not certain which, in the Revolutionary War, for and during the time of three years; that he enlisted in January, in the year seventeen hundred and seventy seven, in Caroline County in the state of Virginia, and marched first to Williamsburg in Virginia, and then to the Northward, where he remained until the expiration of the time of his enlistment, and returned home in January or February seventeen hundred and eighty; and in the fall of the year seventeen hundred and eighty and he was drafted from the militia of Caroline County aforesaid, went to Little(?)ook in Virginia and was at the capture of Cornwallis, and was retained in service a short time after that event guarding the British prisoners, as she verily believes, she further declares that she has no documentary evidence of his services.
She further declares that she was married to the said Garner Fortune on the fifteenth day of November, in the year seventeen hundred and eighty, that her husband, the aforesaid Garner Fortune, died on the second day of December in the year eighteen hundred and twenty six, that she has not married since, but has remained his widow ever since that period, her name before marriage was Lucy Hargrove, as by reference to the proof hereto annexed will  morrowfully appear.
Lucy Fortune
x her mark

Sworn to and subscribed on the day and year above written, before me, James D. Tennille, I certify that the aforesaid Lucy Fortune is unable from bodily infirmity to attend the court of Prince William county aforesaid.
James D. Tennille, J.P.
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The deposition of Barnet Swart, aged about seventy six years, testified that he was well acquainted with Garner Fortune, and that the said Garner Fortune was a soldier in the Revolutionary army at the siege of Little York in Virginia, at the capture of Cornwallis, having served a term of militia duty himself in the fall of the year 1781 under Capt. Francis Russell, and was at the siege of Little York aforesaid, during the siege.
Barnet Swart

This day personally appeared before me, Th. B. Hamilton a Justice of the Peace in and for Prince William County in the state of Virginia, Barnet Swart, who has subscribed the above deposition and made oath that the facts therein contained are credible and true.
I certify that the said Barnet Swart is a man of truth and entitled to full confidence.
Given under my hand  and seal this 17th day of December in the year 1838.
Th. B. Hamilton J.P. (seal)

Virginia, Prince William County to wit:
I John Williams, Clerk of the Court of Prince William County, certify that James D. Tennille, Jesse E. Weems and Thomas B. Hamilton are Magistrates as above and that the foregoing signatures purports to be believed and genuine.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 29 day of June, 1839.
Williams Clk
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Virginia
Prince William County, to wit
I john Williams Clerk of the Court of Prince William County, certify that John Fox is a magistrate as within and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand, and affixed my seal of office, this 1st day of August, 1839.
J. Williams, c.c.
Page 6

Family Record.
BIRTHS.
Garner Fortune son of Richard Fortune & Frances, his wife was Born March 5th 1758
Lucy Fortune his wife, Daughter of Humphrey Hartgrove was born Augt 16th, 1758
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The deposition of Basil Brawner, who being first duly sworn, deposeth and saith that a Bible represented to be the family Bible of Garner Fortune deceased, was produced to him, the said Basil Brawner, by Lucy Fortune (formerly Lucy Hartgrove alias Hargrove) the widow of the said Garner Fortune deceased, from which Bible the said Basil Brawner cut the leaf hereto annexed, whereon is registered the births and marriage of the said Garner Fortune and Lucy Fortune, which said register is in the words and figures following, to wit. Garner Fortune son of Richard Fortune & Francis his wife was Born March 5th, 1758, Lucy Fortune his wife Daughter of Humphrey Hartgrove was born Augt. 16th, 1758, Garner Fortune and Lucy Fortune his wife was Married November 15th, 1780. And that the said Garner Fortune died, on the second day of December in the year eighteen hundred and twenty six, that the said Lucy Fortune has not married since but has remained the widow of the said Garner Fortune ever since that period.
Basil Brawner

Virginia
Prince William County, to wit,
This day personally appeared before me John Fox, a Justice of the Peace in and for Prince William County, in the state of Virginia, Basil Brawner, who has subscribed the above deposition, and made oath that the facts therein contained and set forth are true, I certify that the said Basil Brawner is a man of truth and entitled to full confidence.
Given under my hand and seal this 1st day of July in the year 1839.
John Fox (seal)
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-fidence.
Given under my hand and seal this 1st day of July in the year 1839
Jo. H. Fox (seal)

Family Record.
MARRIAGES.
Garner Fortune and Lucy Fortune his wife was married November 15th 1780
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REVOLUTIONARY WAR RECORDS SECTION. 3-525

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D.C., ___________, 19__

In reply to your request of __________, received ________ for a statement of the military history of Garner or Gardiner Fortune a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in (or his widow's) application for pension on file in this Bureau.
R.24233
DATE OF ENLISTMENT OR APPOINTMENT. June 1777, June 1, 1781, Fall 1781
LENGTH OF SERVICE. 2 yrs., 2 mos
RANK. Pvt
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN. Lee & Armistead, Samuel Coleman
COLONEL. Gibson, in Militia of Cardwell, "
STATE. Va, ", "
Battles engaged in, Siege of York
Residence of soldier at enlistment, Caroline Co. Va.
Date of application for pension, Sept 21, 1838, Heir I was at
Residence at date of application, Prince William Co., Va
Age at date of application, She was born Aug 16, 1758
Remarks: Sol. was son of Richard and Francis Fortune, was born Mar 5, 1758 and died Dec. 2 1836. He mar. Nov 15, 1780 Lucy dau of Humphrey Hartgrove or Hargrove. She died Nov 19, 1840, leaving the following children Francis wife of Isaac Cundiff, Mary wife of Richard Vanpell, Elizabeth wife of James Jennings, Malinda wife of Basil Brawner, Nancy and Thomas & [illegible] T. L. Fortune.

Respectfully,
Commissioner.
Page 10

Monafong Gap - Warren County
March 13, 1844

Sir
Mr. Benjamin Crigler a short time since informed me that this claim of Mrs. Lucy Fortune, asking a pension on account the Revolutionary service of her husband Gardiner Fortune, has not been allowed, and that further presentation is considered, hopefully, or at least is not progressing. Mr. Thornburg was the active agent of the presentation, though the case to some extent was harder my direction at the commencement; but since Mr. Thornburg removed from my neighborhood, I have known but little of his providings in the case. I expect I have see all the exhibits in the case, and have no distrust about the merits of the claim, and believe that the pension can be recovered up to the time of Mrs. Fortune's death.
If you and Mr. Thornburg have quit the promotion of the claim, and will write to me to do so, I will revive the providings as I am confident the claim is just and can be obtained under proper management.
I am willing to undertake for the same compensation long since for by Mr. Thornburg, which he denied was on half the amount due at the date of the pension certificate, and since his remarks that a contract with me shall produce no conflict, or harm on acct the contract with Mr. Thornburg as I will quit his claim before I ask you to pay anything to me.
The bargain that I propose is as above, I will pay all expenses attendant upon the presentation the (?) on legal representation of Mrs. Fortune to receive the money and make contribution.
An early response is requested, and if authorized to do so will immediately attend to the case.
Respy Y. Obt. Servt
W. G. Suttle

B. Brawner Esq.
Page 11

Washington City
Gallahun's Hotel Dec 10, '45

Hon. Jas L. Edwards.
Com. of Pensions.

Sir.
Being one of the legal representations of Gardner Fortune allow me to request of you the favor, to inform me the amount which was paid to the attorney of the legal representation of said Fortune, about the year of 1842.
Also the objections, if any exist, to paying the balance due on said pension under the provisions of the law under which a part of the pension was paid.
Very respectfully
Your Obt. Sert.
Thos L. Fortune
for W. H. T.
Page 12

Washington City
Galahun's Hotel, Jan 23, 1846.

Hon. J. L. Edwards,
Com. of Pensions.

Sir,
Since I received your communication in relation to the claim of Garner or Gardiner Fortune, I have written to and obtained from my uncle B. Brawner now a member in the Virginia Legislature the following information. Some time in the later part of the year 1842 (I think October) the Commissioner of Pensions allowed a portion of Mrs. Fortune's pension for services rendered by Garner or Gardiner Fortune in the revolutionary war. Mr. Thornburg attended to the hearings under an agreement between Mrs. Fortune and himself for which he was to have paid half of the amount he obtained. The amount received was $376.60. The foregoing statement will it is hoped enable you to have the enquires contained in a foregoing communication which addressed to your office answered.
With the highest respect
Your obt. Servt.
T. L. Fortune
Page 13

Washington Oct 16th 1848

Sir
The case of Lucy Fortune late of Virginia dec'd widow of Garner Fortune, with your several letters have been read in my hands, by her agent Mr. John Thornburg. She asserted a claim under act 4 July 1836 a pension has been presented under act 1838. The applicant stated in her declaration under oath she was married in Nov 1784 on her husband's return after performing a term of three years service. The marriage; and the services thereto, had been established to the satisfaction of the Department.
The applicant also stated under oath, that after marriage her husband the said Garner was drafted from the militia by Caroline County Va in 1781, and was in service at the siege of Yorktown,  there that, so prominent in her character; the service of her husband after marriage, and the surrender of Cornwallis could not have been made an indelible and tried impression on her mind.
As was few if any, of the militia roll of the Virginia Militia as know it be is evidence, of war therefore, required that proof be added or a desire character that "Fortune", was in service at this siege of York. I am informed several affidavits have been presented going to establish that Fortune in his lifetime was known to have stated his service as a soldier at the siege of York Town. It will be sufficient for my purpose to refer only to an affidavit going by Berhard Hool Esq a gentleman of the highest character, now engaged in your office. He says in an affidavit dated June 20, 42, "I have often heard, with much pleasure, Mr. Fortune's narrative or seemed thro...
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"which he passed in his service in the army of our country during the war of the revolution and particularly his service in the army at York Town at the surrender of Cornwallis." Such testimony from such a source, must satisfy the Department or the important fact that, applicant's husband in his lifetime declared his service as a soldier at York Town: still this may not be admitted to be direct proof of service.
On this point testimony was adduced in the affidavit of Robert Satterwhite and Barnet Swarts, both declared in private terms this long intimacy with Garner Fortune and their personal knowledge of his service as a militia soldier with town of York Town.
The objection that arose to Swart's affidavit are given in your letter of April 27, '40 said, "It does not appear that Swarts ever applied for a pension." I understand affidavits have been filed to the effect, that Swarts was in but one tour of two months service, consequently not entitled to a pension. In this stage of the case, I have been informed a confidential letter was addressed to you by Mr. W. G. Settle of Virginia, claiming no agency in that case, at the same time informing you that Swart's affidavit was not to be relied on or he had no personal knowledge of Fortune's service in 1781. Admitting that letter in question entitled from a disinterested service it might well have taken your confidence in the validity of Swart's statement.
You therefore say in your letter of 18 Nov 44 to Burges Brawner Esq "It is true that they with sworn in that fact or seeing "Fortune at the siege of York Town, and they were undoubtedly conscientious  in so stating, "there as, between strong reason in believing that they were both mistaken"
Here it is to be presented, that objection to Swart's affidavits are from the confidential letter, & the applicant claim was therefore rejected under  act 4 May 1836.
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And this decision in all probability would not have been disturbed[?]
had the fact not been made known to Mr. Thornbury that after the death of Mr Fortune, the same writer of that confidential letter
who disparaged that claim in Dec 1840 writes a letter to the [illegible] and on the estate, that Mr Fortunes claim was a good one and
proposed to prosecute it for the then this letter was filed by Mr Thornberry the 29 May last
I shall make no further remark on the two letter refered [sic] to both on file them to say, it appears to me Mr Settles letters to him in relation to you; as his object was to place the affidant
Mr Swarts, considering therefore the affidavit of Mr Swart
unaffected by the confidential communication, N goes to  establish
the service of applicants husband as a soldier with him in service
at the surrender of Cornwallis in 1781
a word respecting Satterwhite affidavit- you say in your letter 18 Nov 41. Satterwhite in describing his town in the Virginia
line, there is nothing in his statement-act 1818 that justifies a belief
he was at the Seige [sic] of York. It was not necessary nor required
as you are aware for a soldier to specify or prove the militia
service under act 18, should in any case an officer or a soldier particularly stated his militia or staff service, it would be
to bar to the prove of any further or fuller service this may have
been performed. so likewise with the offices who were pensioned
under act 15 May 1818 for service in the line, while under
1832. Many officers proven staff service who made no reference to
such service under act 1828
Altho, no additional testimony has been submitted in this case, yet the letters filed by Mr Thornbury on the 29 May
last for Mr Settle to Mr Brown Adm. on Mr Fortunes estate
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[illegible] so for remove the objection, which prejudiced the consideration of W Swats affidavit. That I must most respectfully request a reexamination of the evidence filed in this claim of W Fortune for the act of July 1836. 
If injustice has been done, I know you will [illegible] in repairing it.
I remain Sir
your most [illegible]
Aene Ray

Admitted
act 47 July 1836
con 4 March March 1831.
died 19 Nov 1840'payable to adm' for sole benefit of the children
deduct what has been paid under act 7 July '38

Hon. Aene Ray

A Ray
[illegible]
Page 17

John Thornburg Esq.
Washington D.C.
Care of E. Waters Esq
Page 18

Egypt July 4th, 1849

D. Sir
Yours of the 2nd just came to hand or last evening, you wish to know if all the children of Lucy Fortune are now living, who were at the time, the portion of a pension claim was allowed them, they are to the best of my knowledge. I expect to be in Washington in the course of a week or two when I will try and see you please leave directions with Mr. Waters that I may find you, if I should not meet with you,
I am yours respectfully,
B. Brawner
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Garnder Fortune's name is found on Continental Roll as having rec'd Depreciation.
Ab. in 1777 on Cap Lee's roll in (?) Gibson Regt. as when in 1779 in Capt. Th. Armstead's Co. same Regt. See Gibson Roll, Vol 1. 22
Page 20

M. J. Morris
Littleton W.C.
Page 21

Pension in the case of Lucy Fortune paid to Basil Brawner as Administrator, confirm the authority of the Second Comptroller of the Treasury.
3rd Auditor's Office
July 9th, 1849
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No 8316
Lucy Fortune wid.
of Garner.
Prince Wm County
Va
If she certified
Act 7 July 1838,
Admitted
2 years private
$80
B. Brawner, Dumfries P.O. Va.

J. L. Edwards, Esq.
Commissioner of Pensions
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No 8316
Lucy Fortune wid.
of Garner.
Prince Wm County
Va
If she certified
Act 7 July 1838,
Admitted
2 years private
$80
B. Brawner, Dumfries P.O. Va.

J. L. Edwards, Esq.
Commissioner of Pensions
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No 8316
Lucy Fortune dec'd, widow of Garner, Prince Wm County VA
Act 7 July 1838.
died 19 Novem. 1840,
Admitted 2 years private
$80 per annum
No deduction,
Payment to be made to Francis Cundiff
Mary Vanfield
Elizabeth Jennings
Malinda Brawner
Nancy Fortune
Thomas Fortune
children of said Lucy Fortune dec'd.
B. Brawner,
Dumfries P.O.
Va
Page 25

Washington City June 22nd 1842

Sir,
In behalf of the heirs of Lucy Fortune widow of Garner Fortune, I am willing to accept a pension under the act of July 7th 1838.
I am yours respectfully
B. Brawner
Adminstr. of Lucy Fortune Dec'd.
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WAR DEPARTMENT.
Widow's Pension.

I certify that in conformity with the act of July 7, 1838, Lucy Fortune deceased formerly widow of Garner Fortune dec'd who was a private in the Revolution and died on the 2 day of Dec. 1826 was inscribed on the pension list at the rate of Eighty dollars per annum, commencing on the 4th day of March 1839 ______________ on the 4th of March 1841, unless the Pensioner married or died  before the last mentioned date; in which case the pension is not payable after the time of such marriage or death. 

Given at the War Office of the United States, this ____ day of ___ one thousand eight hundred and _______

Secretary of War.

[written in margins]: and having died on the 19th day of November 1840, the amount due up to that period is payable to Frances Curdiff, Mary Vanfelt, Elizabeth Jennings, Malinda Brawner, Nancy Fortune & Thomas Fortune children of said Lucy Fortune deceased.

Examined and Countersigned,
Commissioner of Pensions.
Page 27

4716 Va 8316
Lucy Fortune, widow of Garner, or perhaps Gardiner
Act 4 July 1836 - Let to Jon Thornberry 16 Nov '39
Wm. G. Settle 27 Apl. 1840
John Thornberry 29 Jany 1841
John Thornberry 26 Feb '40
Basil Brawner July 14th 1841
John Sullivan July 22nd 1841
B. Brawner Oct 28, 1841
Act 4 July 1836
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Don't admit Lucy Fortune's claim. See the letter of W. G. Settle, June 10 1840
Page 29

Manassas Gap Warren County
Virginia Sept 19th 1839

Sir
Enclosed I submit the papers of Mrs. Lucy Fortune, who is an applicant for a pension under the act of 1836.
Respectfully yr. obt. servt.
John Thornberry

J. L. Edwards Esq.
Com. of pensions
Page 30

Lucy Fortune
Va
See letter to Basil Brawner
Va. Nov. 18, 1841
do to John Thornbury
April 14th 1842
to B. Hooe. June 22, 1842

Act 4 July 1836
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4858
Dist. of Columbia
Virginia

Lucy Fortune, dec'd widow of Garner Fortune who died on the 2nd Dec. 1826 of Prince Wm. Co. in the State of Virginia who was a Private in the Compy. commanded by Captain - of the Regt commanded by Col. Gibson in the Revolution for 2 years
_______________
Inscribed on the Roll of Richmond at the rate of 80 Dollars - Cents per annum, to commence on the 4th day of March, 1831 and ending 19th Nov. 1840 when she died.
_______________
Certificate of Pension issued the 10 day of July, 1849 and sent to A. Ray, Present
_______________
Arrears to the 5th of - Semi-annual allowance ending -
Decrees what she was paid under the act of 7th July, 1838 ending 19th Nov. 1840
{Revolutionary Claim, Act July 4, 183 Section the 3rd}

Recorded by Th. Lumpkin, Clerk, Book C Vol. 1 Page 169.

(?) 
Payable to Basil Brawner admin for the sole use & benefits of
Francis Curdiff
Mary Vanfield
Elizabeth Jennings
Malinda Brawner
Nancy Fortune
& Thomas Fortune
only surviving children

To Dist. of Columbia
(4 March 1831, July 14 '49
Page 32

Send history of Garner Fortune
Va: W24233
to
Mrs. W. D. Sutherland
1477 Monroe St, N.W.
Washington, D.C.

July 21, 1915 - Personal request.
Page 33

WIDOW, &c.

File No. 24233
Lucy Fortune
Widow of 
Garner Fortune
Priv Rev War

Act: July 4th 1836
Index:-Vol. A. Page 249
[Arrangement of 1870.]

1915 July 23. Hist. to Mrs. W. D. Sutherland
1477 Monroe St. N.W.
Wash., D.C. (personal request)
Page 34

Virginia, to wit:
In a Court of Quarterly Sessions held for Prince William County June 6th 1842.
It is ordered to be certified that it appeared to the Court by satisfactory evidence adduced in open Court that Lucy Fortune of Prince William County, Virginia, widow of Garner alias Gardner Fortune dec'd who was a revolutionary soldier, died on the 19th day of November 1840, leaving the following named children to wit: Francis Curdiff wife of Isaac Curdiff, Mary Vanfelt wife of Richard Vanfelt, Elizabeth Jennings widow of James Jennings, Nancy Fortune, Thomas Fortune, and Malinda Brawner wife of Basil Brawner, who were all and the only children of the said Lucy Fortune, at the time of her death aforesaid and the said Frances Curdiff, Mary Vanfelt, Elizabeth Jennings, Malinda Brawner, Nancy Fortune and Thomas Fortune are now all and the only children of the said Lucy Fortune and the only children of her husband the said Garner alias Gardiner Fortune, but remained the widow of the said Garner alias Gardiner Fortune from that time to the time of her death.
In testimony whereof I John Williams Clerk of the County Court of Prince William aforesaid have hereto set my hand and affixed the seal of the said Court this 13th day of June 1842.
J. Williams
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I, Bernard Hooe, now of the City of Washington, in the District of Columbia, do hereby certify that I was brought up in Prince William County in Virginia from my earliest infancy, until April 1822, at which time I came to Alexandria, D.C. where I continued to reside until last March, when I removed, with my family to this City.
During my residence in Prince William County, as aforesaid, I was personally well acquainted with Garner Fortune, an old, and highly respectable inhabitant of that county. He was always one of my best, as he had been, for many years, the warm and zealous friend of my father. I was, therefore, on terms of great intimacy with him, as is usually found to exist between persons of such disparity of years, he being quite an old man, whilst I was, comparatively, a boy.
I have often heard, with much pleasure, Mr. Fortune's narrative of scenes thro' which he had passed in his service in the army of our Country, during the war of the Revolution; and particularly of his service in the army of York Town, at the surrender of Cornwallis; and of his acquaintance with, and attachment to La Fayette, whose devotion to the cause in which this infant country was then struggling, had secured his highest admiration.
When Genl. La Fayette recently visited this country, and whilst preparations were being made by the Citizens of Alexandria to welcome him to this Town, I was attending a Court in the aforesaid County of Prince William, when I met my old friend Garner Fortune, and, informing him that La Fayette was soon expected to be in our Town (Alexandria) I invited him to come down, and renew his acquaintance with his old associate in arms, of whom he had so often spoken.
Mr. Fortune was then quite an old man, of large size, and of such great weight as to be inactive, and particularly as in riding farther than his own farm, or immediate neigh-
Page 36

-bourhood. His residence was more than thirty miles from Alexandria, and altho' he anxiously desired to meet La Fayette, whom he had not seen since the siege of York, and whom he never again expected to meet in this world, he declined my invitation from an apprehension that the ride to Alexandria would be more fatiguing than he could bear, and that his constitution would give way under the effort.
I have no doubt that all the circumstances detailed to me by Garner Fortune relative to his service in the army at the battle of York, and of his acquaintance at that time with La Fayette are strictly true, and entitled to the fullest confidence – for Garner Fortune was an upright, honest man, whose character for truth was never questioned, or at all doubted, as far as I have known, heard, or believed.
In regards to the character, for veracity, of certain witnesses whose depositions have been taken in support of the claim of Lucy Fortune, the widow of Garner Fortune deceased, to a pension, I can speak, on my own personal knowledge, of John Sullivan only.
I was brought up in the same neighborhood in which John Sullivan has resided since my early recollection of him. During my minority, and as long as I remained in my father’s house, I was distant about 6 or 7 miles from his residence; after I had grown up, left my paternal roof, and settled on my own Estate, I was removed to the distance of some ten miles from said Sullivan’s residence. In the year 1815 I entered upon public life, and seeking to cultivate a general acquaintance with the people of my country, with a view to the gratification of my political aspirations, I necessarily became very well acquainted with the free white male inhabitants of my county, whose favor I sought, and
Page 37

On whom I depended for the political advancement I then desired. For some three or four years thereafter, I continued my due intercourse with that community, as a candidate for popular favor and political advancement, so that I formed an intimate personal acquaintance with every voter of my county, and became also very generally acquainted with his character for veracity and probity. After my removal from Prince William County, I have continued, until within the last few years, to attend the courts of that county, and in my professional life, had the best opportunities to become perfectly informed as to the character of the people; and, in all that community, there is no man with whom I was better acquainted than the said John Sullivan – and I do now declare, without hesitation, that I have never known or heard any charge against the character of the said John Sullivan for truth and honesty; nor did I ever hear a suspicion of anything injuriously affecting his character for either of those qualities. John Sullivan is a plain, uneducated man, and may have been, on some occasion, the dupe of the artful; and designing men, but in the present case, as far as I can judge from the information I have received, thru’ his own letters, and from verbal statements given to me, I have no doubt but that his statements are entitled to confidence. He is a pious and zealous member of the Baptist Church, and his deposition herein referred to, was taken before, and certified by a Justice of the Peace, who then was, and still is a licensed Minister in the Methodist Church. That Gentleman (Jesse E. Weems) is now here, employed in the State Department, and can testify, as he has certified, that John Sullivan is a man of good character for truth, and that his statements are entitled to full confidence; and, in that opinion I do entirely concur.
Of the character of Barnet Swart, I cannot speak from any personal acquaintance. Charles Hunton is the magistrate before whom Barnet Swart made oath to the facts detailed in his deposition, and he certifies “that
Page 38

Said Swart is a man of truth, and entitled to full confidence”. I have known Charles Hunton for more than twenty five years, intimately, and here declare that no man has a higher claim to confidence in all his statements than the said Charles Hunton, whether they be private, or official. He now is, and has been for eleven years past, the representative in the State Senate in Virginia, from the District in which he resided, and has often enjoyed other evidence of the continued confidence and esteem with which he is regarded.
In relation to Mr. Sutterwhite, I know nothing personally. He, too, has made an affidavit, certified before a highly respectable justice of the peace of Caroline County in Virginia, who declares that he, Sutterwhite, “is a man of truth, and that his statements are entitled to confidence”.
The above statements are most respectfully submitted by
B. Hooe
Washington, D.C. June 21st ‘42

District of Columbia
Washington County, to wit:
Bernard Hooe has this day personally appeared before the subscriber, a Justice of the Peace for the County aforesaid, and made oath that the matters and things herein above mentioned are true, so far as they are stated on his own knowledge, and so far as they are derived from the information of other persons, he believes them to be true.
Given under my hand this 21st June 1842.
Henry Houson J.P.

B. Hooe
Pre’d
June 22 ’42.
Page 39

Washington, June 24, 1842

To
J. L. Edwards Esq

Dear Sir,
On the receipt of the Pension Certificate, for the heirs of Lucy Fortune, dec'd who was the widow of Garner Fortune, dec'd, I find it endorsed "Payment to be made at Richmond, Va"
The administrator of Lucy Fortune, who, under an act of Congress, is authorized to receive this Pension, for the heirs, and not as assets, resides near this District, and if it shall be not too much in violation of the rules and practices of your office, I would ask, as a matter of accommodation to him, that you will
Page 40

be pleased to countermand the order for the payment of this small sum, and allow it to be made at Washington instead of Richmond.
Stopping such arrangement will be compatible with the practice of your department, as to receive your sanctions, I am, very respectfully,
Your Obed. Sevt.
B. Hooe, att. 
for B. Brawner
Page 41

I Robert Satterwhite a U.S. pensioner aged eighty six years testify that I was well acquainted with Gardner Fortune, formerly called Garner Fortune from a boy and was raised in the same neighborhood that he was, and know that the said Fortune enlisted in Caroline County, State of Virginia, to serve for the term of three years in the Revolutionary War, and marched from said County to the North, having served myself in the same War. I was with said Fortune frequently in the army & knew that he served out the term of enlistment and was a faithful soldier; and soon after his return from the Regular Army he married Lucy Hartgrove daughter of Humphrey Hartgrove (sometimes called Hargrove) of the County aforesaid, and after his marriage he was drafted from the Militia of Caroline County aforesaid; and marched under Capt. Samuel Coleman, I think about the 1st of June, 1781, with myself and others to Fredericksburg; then across the County through the intermediate Counties to Hanover Court Henrico, and from there to Williamsburg, and then into Charles City County where we were relieved by some other militia and returned home having served about two months; and when the drafts were made from the Militia of Caroline County aforesaid to go to Yorktown in Virginia I was drafted and served under Captain Jamerson, said Fortune did not go to Yorktown in Captain Jamerson’s Company with me but I knew he was in the Army at the siege of York having seen him there performing his duty as a soldier.
Robert Satterwhite
X his mark
Page 42

State of Virginia
Caroline County to Wit:
This day personally appeared before me, John V. Kean a Justice of the Peace in and for the County aforesaid Robert Satterwhite who has subscribed the foregoing deposition and under oath to the facts therein contained and set forth are true. I certify that the said Satterwhite is a man of truth and honor and entitled to full confidence. 
Given under my hand & seal this 13th day of Oct. 1840
John V. Kean (seal)

Virginia
Caroline County ss:
I John L. Pendleton Clerk of the County Court of the County and State aforesaid do hereby certify that John V. Kean is a magistrate in and for said County duly commissioned and qualified according to law and that the signature purporting to be his is genuine. In Testimony whereof  have hereunto subscribed my name & affixed the seal of my said Office this 14th day of October 1840.
John L. Pendleton CC
Page 43

June 18 1842
Lucy Fortune
Va
Page 44

J. L. Edwards Esq.
Commissioner of Pensions.
Page 45

Washington, June 18: 1842
To
J. L. Edwards Esq.
Comm. of Pensions &c.

Dear Sir,

May I be permitted, respectfully, to ask that you will be pleased to take up for consideration and disposal, the application of Lucy Fortune, widow of Garner Fortune dec'd, for a pension, which is now on file in your office. If you shall deem it proper, I would be happy to be informed of your disposition in regard to this application.
I have the honor to be,
very respectfully, your Obed. Servt.
B. Hooe, att for the Petitioners.
Page 46

Afft. Case of
Lucy Fortune

Mr. Brawner
Present
June 22 '42
Page 47

I certify that I have known John Sullivan res. of Prince William County Virginia for upwards of twenty years. I was born and raised in said County and lived there from my birth up to November 1838 when I left said County and came to Washington City D.C. where I now reside. While a resident of Prince William, I acted in the following capacities, viz, Deputy Sheriff, Coroner, Justice of the Peace, Overseer of the Poor and for four years the Representative of the County in the Virginian Legislature, all of which situations gave me an opportunity of learning something of Mr. Sullivan’s character, and I can truly state, that no man’s character in that County stands higher than his for truth and veracity. 
John W. Williams
Registers Office 22 June 1842

District of Columbia
Washington County ss
The foregoing certificate of John W. Williams was sworn to and subscribed before the undersigned a Justice of the Peace for said County the Twenty first day of June 1842
Th R. Hampton JP
I hereby certify that the facts set forth in the foregoing are also known to myself who was born and raised in the County adjoining and was a resident of Prince William about five years of the period mentioned.
Th R. Hampton
Page 48

Dumfries Prince William city April 19th 1842

Sir
Since my return home from Richmond, I have seen Mr. Thornberry, and enquired of him what had been done in the case of Mrs. Lucy Fortune’s application for a pension, who informed  me that he wrote a letter to you on the subject dated the 22nd day of December last, a copy of which he showed to me, to which letter, he informed me, he has received no answer. I therefore write this to request you to respond said letter, if you have received it, and if you have not received it, please write and let me know. Your early attention will oblige.
Yr. Obt. Servt.
B. Brawner

Direct to MD, Brentsville
Prince William County Va

J. L. Edwards Esq.
Com. Of Pensions
Washington City
D.C.
Page 49

Manassas Gap Warren Cty Va Dec 22nd 1841

Sir
Yours of the 18th Nov 1841, directed to B. Brawner, Esq. was handed to me by hand to attend to in his absence, he being now in the Virginia Legislature, has been received giving reasons why Swart and Satterwhite cannot be admitted to prove the alleged service of Garner Fortune at Yorktown; Swart in his affidavit uses story language coming without reserve to the conclusion that Garner Fortune was at the siege of York, yet it would seem that the deposition of Wart, when taken in connection with his verbal statement to W. G. Settle should not be taken as proving anything more than the statements of Fortune himself, and others at an early day, when there could have been no particular inducement for a wrong statement of the alleged service.
The objection to Satterwhite seems to be, that Satterwhite is declaring his own service, alleged to have served in the Militia 6 months, and then under enlistment and that both services were presiding to the siege of York, and in his declaration the service at the siege of York, you are not satisfied that he was at the siege of York; such omissions may well claim your attention, but should they be fully valid on as evidence of error in the affidavit; may it not have been, I think it a reasonable conclusion, that Satterwhite in making his own declaration was advised (for nearly all these old men in making this declaration, make them under advice of what are the requirements of the Court that it was necessary for him to state the time and manner of his entering the service, and that when he had proved service enough to entitle him to a pension, it was not necessary to state anything more; and having made service enough for that purpose, it was not important in his own application to state those short terms of militia service alleged in his affidavit, and not in his
Page 50

Declaration, and why they were mentioned in his affidavit in this case was to show his opportunity of knowing that Garner Fortune was in service after his marriage and that he was at the siege of York.
Satterwhite in his evidence is clear and positive in what he states, and if to be relied on, the evidence in behalf of the application would appear to be complete; and may not the objection found against him be waived by the statement of Lucy Fortune in her declaration, then the affidavit of Therow Newman and Andrew Sale; going to prove what were the statements of Garner Fortune himself at an early day, when there could not have been any particular inducement why a false statement should have been made as to service, these statements taken altogether, are very strong in support of Satterwhite’s evidence, and may they not be relied on, to remove the objection, founded upon the fact that he did not name in his own declaration, especially when it is considered that in his own case he named and proved service enough to make out the claim, without encumbering it with a particular relation of these short terms in the militia.
This has ben a long and difficult case to yourself as well as myself. May I ask that you will once more look over all the papers; for really I know of nothing more that I can do, unless you should find it practicable to suggest something new.
Very respectfully, yr. obt. Servt.
John Thornberry

J. L. Edwards Esq.
Com. Of Pensions
Washington City
D.C.
Page 51

Lucy Fortune
Page 52

Springfield Prince Wm Cty Va
November 10th, 1841

Sir
Your letter of the 28th.. April has been rec’d and the contents noticed. You say the proof submitted is not sufficient to justify the allowance of a pension under the act of July 4th, 1836, but a pension may be granted her. (that is Mrs. Lucy Fortune) under the act of July 7th 1838, upon forwarding a declaration under that act. Upon an examination of a declaration required to be made by an applicant in order to obtain the benefit of the provision made by the act of Congress passed July 7th 1838, it appears that an applicant under that act is required to swear, that she was not married to the husband (on account of whose services she claims a pension) prior to his leaving the service, Mrs. Fortune had said in her declaration made under the act of July 4th, 1836, on oath, that her husband was in service after their marriage, which I verily believe was the case, knowing her to be a person of the strictest veracity and integrity, Mrs. Fortune’s own statement is supported by Mr. Satterwhite’s deposition, he, Satterwhite, being raised in the same neighborhood with Mr. and Mrs. Fortune, and well acquainted with them both, if those affidavits are to be relied on for truth and honesty of purpose, the case appears to be fully proven, if you know anything to the contrary please inform me.
Your letter of the 27th April 1840 directed to W. G. Settle Esq, Manassas Gap, VA, in relation to the deposition of Barnett Swart, was in the possession of said Settle until about August last, on said letter being shown to said Swarts he concluded to give another deposition which is enclosed for your examination.
I am yours respectfully
B. Brawner

N. B. please direct to Dumfries P.O.
Prince Wm Cty Va
Page 53

13 Nov 1841
Says 

WARRENTON
Va
Nov 12

J. L. Edwards Esq.
Comm. of Pensions
Washington City
D.C.
Page 54

13 Nov 1841
Says 

WARRENTON
Va
Nov 12

J. L. Edwards Esq.
Comm. of Pensions
Washington City
D.C.
Page 55

Springfield Prince Wm Cty Va
Oct. 22nd, 1841

Sir
Yours of July 14th 1841 in relation to the application of Lucy Fortune, widow of Garner Fortune, for a pension has been received, in which you require that the evidence of Garner Fortune’s services should be clear and positive, and that if he served as set forth in the declaration, his name should be found upon the rolls in the office of the auditor of records at Richmond Virginia.
As to the evidence of the services of Garner Fortune I would beg leave again to call your attention to the depositions of John Sullivan and Robert Satterwhite, and the declaration of Mrs. Fortune.
Mrs. Fortune states in her declaration that her husband Garner Fortune, enlisted for the time of three years, and served out his term, and then returned home in January or February 1780, and on November 15th 1780 she was married to said Fortune, and in the year 1781 he was drafted and served in the militia.
John Sullivan states that Garner Fortune was in service in Col. George Gibson’s Regiment from the month of November 1778, till the month of December 1779, at which time Sullivan was detached and left Fortune in said Regiment and Sullivan states that he believes Garner Fortune enlisted for three years and served out his term.
Robert Satterwhite states that he was acquainted with Gardiner Fortune, commonly called Garner Fortune, they being boys raised in the same neighborhood, that Fortune enlisted in Caroline County, Virginia, for the term of three years, and that he was with said Fortune frequently in the army, and knows that he served out the term of his enlistment, as to the marriage and after service please read his deposition.
George Tennille states that he did not known Garner Fortune in the war, but became acquainted with him soon after the War, and was intimate with him from that time to the time of his death, and from Garner
Page 56

Fortune's relation of circumstances, the times and places of occurrence, that he is fully convince that the said Garner Fortune must have been in the service at the same times and places that the said George Tennille was. 
By a former communication from G. Wm. Crump acting Commissioner of Pensions, he states that the name of Gardiner Fortune is found on the Virginia Rolls, who by his communication, I understand thinks it very possible that the name of the soldier claimed to have been the husband of Lucy Fortune.
John Thornberry (who wrote the said declaration of Lucy Fortune), whose deposition is inclosed, states that said Lucy Fortune informed him before he wrote said declaration that her husband's name was Gardiner Fortune, but that he was commonly called Garner Fortune, and as he could not write his name himself it was commonly written by other persons Garner Fortune as he was commonly called and that therefore he wrote it Garner Fortune. 
The name of Gardiner Fortune being found upon the Virginia Rolls, taken in connexion with the evidence of Sullivan and Satterwhite filed together with George Tennille's statement and John Thornbury's enclosed, would appear to be as full and positive as might be expected at this late day, as to the service of said Fortune, if those affiants are to be relied on for the truth and honest of purpose, but should there be any part of them evidence in this case, or from other causes that may cause you to doubt their evidence, if practical to do so, please inform me of the particulars, that the parties may have the opportunity of explaining and setting themselves right, if found to be wrong or mistaken by their statements. 
I am yours respectfully
B. Brawner
Page 57

Prince William County July 13th 1841

Sir, 
I gave a deposition, declaring my knowledge of the Revolutionary Service of Garner Fortune which evidence I was informed was to be offered in support of the claim of Mrs Lucy Fortune to a pension on account of the Revolutionary service of her husband, the said Garner Fortune. 
I am informed that Mrs Fortune has not succeeded in her application for a pension, and that one of the material reasons alleged why she has not succeeded is that the statement made by me, in deposition heretofore given, and now upon file in the War Department, are of such a character and so selfevident of error, that my evidence in the department cannot be relied on for truths, an must so stand, until satisfactory explanations be made, of the error an discrepancies  complained of, I derive this information through Bazil Brawner Esq. Of Prince William City. I further understood from the same source, that the errors and discrepancies alleged have been a subject of communication between yourself and "them" heretofore, and that "them" was understood to be myself and James Foster Esq of (Mm) County N. Now Sir, I have to state that I have no recollection of even haven given a deposition, either at the instance of James Foster, as an agent, or before him as a Justice of the Peace in a pension, or other case whatever, so that you will readily perceive, and as an agent (?), that I have no knowledge of the objections alleged, neither have I any knowledge of the communication spoken of, and am laying under this charge without being apprised of the cause, and am very certain if there are any....

(Part of the next page can be seen at the bottom)
Page 58

documents filed in the department warranting your conclusions, that the impropriety has originated from some cause or source unknown to me, and with a view of having justice done towards myself, as well as the department, it is my earnest request, that you will communicate and inform me of all the facts touching this matter; that I may have the opportunity of doing myself justice or of informing you of the improper proceedings if any has been had, let the impropriety fall upon whom it may - 
N.B. I wish you to make your communication in reply to this directly to me, instead of to the person to whom you may have communicated heretofore. 

Very respectfully Your Obt Servt - John Sullivan

J. L Edwards Esq. Commission of Pensions - Washington City, D.C.
Page 59

I do hereby testify that I wrote the declaration of Mrs Lucy Fortune, widow of Garner Fortune deceased, made before James D Tenille, a Justice of the Peace in and for Price William county, in the state of Virginia, and hearing date on the 21st day of September 1838; and that the said Lucy Fortune informed me, before I wrote said declaration, that her husband, (the said Garner) was named Gardiner Fortune but that he was commonly called Garner Fortune, and as he could not write his name himself, it was commonly written by other persons, Garner Fortune, as he was commonly called; I therefore wrote it Garner Fortune. The said declaration was made in order to obtain the benefit of the provision made by the act of Congress, passed July 4th 1836. 
John Thornberry

Virginia
Prince William County; to wit;
This day John Thornberry, who has subscribed his name to above deposition, personally appeared before me Bazil Brawner, a Justice of the Peace in and for the county aforesaid, and made oath that the facts therein contained and set forth are true. I certify that the said John Thornberry is a man of truth and entitled to full confidence, given under my hand and seal this 21st day of October in the year 1941
Basil Brawner (seal)

Prince William County, to wit;
I John Williams, clerk of the County of Prince William County, certify that Basil Brawner is a magistrate as above, and that the foregoing signature purporting to be his is genuine.... (writing is faded) abt testimony whereof I have hereunto affixed my seal of office, and subscribed my name, this 22 day of October 1841. 
J. Williams clerk
of the county of P.M. County
Page 60

The deposition of Barnet Swart aged about 78
years, testifies that he gave a deposition on the 17th day of December 1838 before Thos B. Hamilton a Justice of the Peace for Prince William County Virginia proving the service of Garner Fortune in 1781 at the capture of Cornwallis at Yorktown in Virginia
which deposition was in the following words, viz.-
The deposition of Barnet Swart aged about 76 years Testifies that he was well acquainted with Garner Fortune, and that the said Garner Fortune was a soldier in the Revolutionary
army, at the siege of Little York in the State of Virginia, at the capture of Cornwallis, having served a Tour of Militia duty himself in the fall of the year 1781, under Capt. Francis
Russell and was at the siege of Little York aforesaid during the seige. affiant further testifies that reason he never applied for a pension himself, was that
he was informed he was not, under the law, entitled, being only a three months soldier, and the law giving pensions to none who served less than six months, and
that he and the said Garner Fortune settled in the same section soon after the Revolution and was on terms of intimacy as long as he lived, and that he knew him to be the same Garner Fortune who was at the siege of
York aforesaid when he was.
Barnet Swart  [followed by X as a mark]
Virginia
Fauquier County to wit.
This day Barnet Swart who has subscribed his name to the above deposition, personally appeared before me, Charles Hunton a Justice of the Peace in and for the County
aforesaid and made oath that the facts therein contained and set forth are true. I certify that the said Barnet Swart is a man of truth and entitled to full confidence. Given under
my hand this 4th day of September 1841-- CW Hunton
Page 61

I certify, that at the time the within affidavit
was executed before me, that Barnet Swart
said he had been in the habit of writing his
name, but at this time there was such a
tremor in his hand he could not write his
name, and consequently made his mark
-
CW Hunton J.P.
Sep. 4. 1841
Virginia Fauquier County, to wit:
I, Alexander J. Marshall, Clerk of Farquier County Court, in the State aforesaid, hereby certify that Charles Hunton is a magistrate as above; and that the foregoing signatures purporting to be his, are genuine.
In testimony whereof, I hereto set my hand and annex the seal of my office, this 10th day of November 1841, 
and in the 66th year of the Commonwealth
A. J. Marshall, Clerk
Page 62

Manassas Gap
Dec 176
                         Mr. John Thornberry
                         Near Somerville (P. office)
                         Fauqr. County
                         Virginia
Page 63

Manassas Gap, Dec. 4. 1840
Yours post marked the 28th Nov. has just come to hand. I proceed at the earliest moment to answer, and will begin with the case of Mrs Lucy Fortune. - The first communication in your absence made by me to Mr [Edwards] in behalf of Mrs Fortune, was to enclose "an affadavit of the Clerks certificate, in relation to
Fortunes property, and recd from Mr  Edwards the following
Pension office Apr 27. 1840.
Sir  "I do not find the proof of the alleged service of Garner Fortune in 1781 satisfactory, Barnett Swart a witness states that he served with him. It does not appear that Swart ever applied for a pension: The proof should be direct, and positive. The papers of Lucy Fortune, the Widow remain on our files
___ signed J. D. E
Upon receiving this letter I concluded that there was
nothing more necessary, than to see Barnett Swart and get his affidavit as to his own service. I had an interview with Mr Swart, and from every thing I could learn, I came to the conclusion to make the following communication to the War Department.

Manassas Gap, Warren Cty Va June 5. 1840
Sir 
Yours of the 27th April came to hand-- I am not the
agent of Mrs Lucy Fortune, but by request of Mr John Thornberry
who is her agent, and who was absent at the time
I made the communication as your files will show,
Mr Thornberry has removed to the County of Stafford V
leaving some memorandums respecting Mrs Fortunes application with me therefore have attended to yours of the 27th Apr.
I will first State that I have no personal acquaintance
with Mrs Lucy Fortune, but from character, I have no doubt her declaration is correct as far as she knows and believes.
The Witnesses in her behalf Tennell and Bazel Brawner
I have no acquaintance with them, but have heard them
spoken of as respectable men of Redmon Brawner and Sullivan I have heard nothing said, Barnett Swartz Whose deposition
Page 64

is on file proves two important facts, the service of Garner Fortune in the Regular army, and his service as a militiaman at the siege of York. I went to see Mr Swart, after receiving
yours of the 27th April. Upon first enquiry I thought I could take his deposition as to his own service, which in all was about four months which appeared to be all
the additional proof necessary to be had in order to pass Mrs Fortunes claim, he being a stranger to me, and my being about to take some responsibility on myself as an agent
in the prosecution of the claim thought it advisable to question Mr. Swart about his knowledge of Garner Fortunes Revolutionary service__Upon first enquiry he made about the same statements,as made in his deposition, but upon being more particularly interrogated, I found that his knowledge extended no further than what Garner Fortune & others had
told him__ From the appearance of this [crossed out text "all that I could learn from"] old man, his manner of conversation and all that I could discover, his error in giving his deposition, is more to be attributed
to his ignorance of what knowledge it was really necessary for him to possess, than to any disposition on his part to aid in committing a fraud.  I believe he must have thought the
statements made to him by Garner Fortune & others were sufficient to warrant him in making his deposition, or that he could not have understood the import of his deposition for he stated that Mr. Thornberry wrote his deposition and that Mr Hamilton the Magistrate who acted in the case read it over to him before he was qualified to it under those circumstances.  I conceive it to be my duty to take the liberty of suggesting to you
the propriety of passing over Mr. Swarts deposition and not to regard it as proving any part of Garner Fortunes Revolutionary service.
- This being done I presume Mrs Fortune cannot [illegible] in her claim under the act of 1836, without filling additional evidence, which in all probability she cannot do. Then and in
that case can she claim under the act of 1838 and ask for an examination of her declaration and evidence now upon file.-- I will with pleasure receive your
Page 65

Communication and made it known to mrs Fortune,
Respy yr

JLEdwards Esq.

The foregoing is all that has passed between the War department and myself respecting mrs Fortunes claims
At the time I wrote about Swarts deposition, I should of been glad to of conferred with you on the subject but under all the circumstances and for reasons
not here mentioned, I thought it advisable to
apprise the department at as early a day as possible that Swarts deposition should not be read __   I should of informed you of my course
in this case and would have come so, but for
reasons, first; that I was in Weekly expectation
of seeing you and 2nd Knowing this to be a 
claim of some importance, and expecting that
you were holding communication with the
department had been informed of all the particulars 
you say that Swarts said I was on my way
to the lower part of Prince Wm County,  in this he was
mistaken, I had no business in prince William Cty, neither did I go but went direct from the thoroughfare
to Warrenton, where I had business
I am in bad condition for letter writing. I am
laboring with a most violent cold, I should be glad
to receive a visit from you if you cant visit
me, why not with more frequently,
I am Respy yr obt Servt
W.G. Settle
Upon an examination of Swarts affidavit, I find that Swart did not prove as to the regular service [underscored], only as to the Militia Service at York Town.__
Page 66

Somerville, Fauqr County. VA Dec. 26th 1840

Sir
On my return home from Washington in July last, I found some memorandums, which brought to my recollection all the circumstances attending the taking of Barnet Swarts desposition, proving the alleged service of Garner Fortune in the Revolution in 1781, at the seige of York in Virginia. I was directed to said Swarts, and other old men, by Maj. Charles Hounton, the Senator from Fauqr & Prince Wm. Counties, my acquaintances with said Swarts was very slight. On my way to see said Swarts,I met him near Thos. B. Hamilton's, a magistrate of Prince Wm. County, I asked said Swarts if he was acquainted with Garner Fortune, he said very well; I then asked him if he knew whether , or not, said Fortune was in the Revolutionary Army, at the seige of Little-York in Virginia, at the Capture of Cornwallis, he said he knew that he was, having served a tour of militia duty himself in the fall of that year under Capt. Francis Russell, and was at the seige  of Little- York aforesaid, during the seige. Said Swarts then rode with me to the house of said Hamilton and after telling Mr. Hamilton our business, I asked him, said Hamilton, to write the deposition, he said he was not well, and wished me to write; which I did, as said Swarts had stated to me, and then handed it to said Hamilton, who read it over to Barnet Swarts, to which he assented, wrote his name, and qualified. And Mr. Hamilton read it over to him [scratched out] certified him to be a man of truth and entitled to full confidence.
After finding the memorandums aforesaid, I set out to see said Swarts, and on stopping at his son's, who informed me that W.G. Settle Esqr passed there some time in May preceding inquiring for his father the said Barnet Swarts, and wished to get his deposition__ before I left them the old man came; I asked some questions about the
Page 67

matter, and he informed me that W.G. Settle Esqr. had been to see him on that subject, that is the subject of Mrs. Lucy Fortune's claim to a pension, and that he would not give any other deposition than the one he had given.
After this I informed Mrs. Fortune's son in law, with whom she resides, how the matter stood; and he thought other evidence might be had, which has since been obtained. I wrote to W.G. Settle Esq. after being furnished, with the additional proof, asking him to inform me what he had done in the case; and (illegible) a few days ago, his answer date the 4th [illegible], and postmarked the 17th [illegible] which I enclose to you, together with the additional proof that has been obtained for your examination.

                             I am respectfully 
                             Yr. Obt. Sevt.
                             John Thornberry

J.L. Edwards Esqr
Court of Pensions
Washington City
D.C.
Page 68

I Andrew Sale do hereby testify that I became acquainted with Garner Fortune about the year 1809 and was on terms of intimacy with him from that period to the time of his death, and that I have often herd him the said Fortune talk of his services in the Revoltuionary War, and particularly of his having been at the seige of York in Virginia and from his general character as a man of integrity and veracity as well as from others information upon which I can fully rely, I have no hesitation in declaring that it is my belief that the said Fortune was engaged as a soldier in said war and at the seige of York aforesaid; and that Lucy Fortune (formerly Lucy Hartgrove) which is now and applicant for a pension is the widow of said Garner Fortune.
Andw Sale


Virginia
Prince Williams County to wit
This day Andrew Sale who has subscribed this above deposition personally appeared before me James D. Tennille a Justice of the peace in and for the County aforesaid and made oath that the facts therein contained and set fourth are true. I certify that the said Andrew Sale is a man of truth and entitled to full confidence given under my hand and seal this 28th day of October in the year 1840.
Jas. D. Tennille {Seal}
Page 69

Virginia
Prince William County, to wit.
I John Williams, clerk of the Court of Prince Williams County certify that Albert Neuman & James D. Tennille Esqr: are Magistrates as above, and that the foregoing signatures purporting to be theirs are genuine. In testimony whereof I have hereunto affixed my seal of office and subscribed my named this 31st day of October, in the year 1840.
J. Williams c.c.
Page 70

I Theron W Newman a Clergyman living in the County of Prince William Virginia Aged forty four years do hereby certify that I was well acquainted with Garner Fortune from my earliest recollection and have frequently heard him in conversation with other revolutionary soldiers tell about his being at the Siege of York, and from his general character as a man of veracity and integrity, as well as from other information upon which I can fully rely I have no hesitation in declaring that it is my belief that the said Garner Fortune was engaged in the revolutionary war at the Siege of York in Va. And I have no hesitation in saying that Lucy Fortune (who is now an applicant for a pension was formerly Lucy Hartgrove the daughter of Humphry Hartgrove of Carolina County Virginia) is the widow the said Garner Fortune.
Theron W Newman
Virginia Prince William County to wit
This day Theron W. Newman a clergyman residing in the aforesaid county personaly [sic] appeared before me a justice of the peace and made oath to the correctness of the matters and things, contained and set forth in the above certificate and by him subscribed. I certify that his statement is entitled to credit. Given under my hand that this 27th day of October 1840
Albert Newman (seal)
Page 71

Lucy Fortune Va
Manassas Gap Va. F
Luna 100
J.L. Edwards Esq.
Commissioner of Pensions
Washington City
D.C
Page 72

Menassas Gap Va
[illegible] 10th
June 15-18th
Lucy Fortune
Over
J. L. Edwards Esqr.
Commissioner of Pensions
Washington City
D.C
Page 73

(3-1776)
SERVICE. NUMBER
Va.  Fortune, Garner W.24.233
                       or Gardiner
                            Lucy

Manassas Gap, Warren County Va
June 5. 1840.
Sir yours of the 27th April came to hand, I
am not the agent of Mrs Lucy Fortune, but by
request of Mr John Thornberry, who was absent at the time and who is the agent of Mrs Fortune, I
made the communication, as your files will show.
M. Thornberry has removed to the County of
Stafford having with me, some memorandum
respecting Mrs Fortunes application, with and therefore
have attended to yours of the 27th April.
I will first state, that I have no personal
acquaintance with Mrs Lucy Fortune, but from
character I have no doubt he declaration is
correct as far as she knows and believes, the Witnesses
in her behalf, I have never had any acquaintance
with them, Tennill and Basil Brawner I have heard them spoken of as respectable man of Sullivan and Redman Browner I have heard nothing said.
Barnett Swarts whose deposition is on file
from two important facts, to wit, the service of
Garner Fortune in the regular army, and his service as a
militiaman at the seige of York - I went to see
Mr. Swart after receiving yours of the 27th April, and on
first inquiry, though I could take his deposition as
to his own service, which in all was about 4 mo. which appeared to me to be all the additional proof
necessary to be had, in order to pass Mrs Fortunes claim,
Swarts being a stranger to me, and being about to take
Page 74

upon my self, some responsibility as an agent in the prosecution of the claim, I thought it advisable to question Mr. Swarts, about his knowledge of Garner Fortunes Revolutionary service, upon first inquiry he made about the same statements, as made in his deposition, but upon being now[?] particularly interrogated, I found that his knowledge extended no further, than what Garner Fortune and others had told him, from the appearance of the old man, his manner of conversation and all that I could discover, his [illegible] in giving his deposition, is now to be attributed to his ignorance of what knowledge it was really necessary for him to possess Than to any disposition on his part to aid in committing a fraud, I believe he must of thought that the statements made to him by Garner Fortune and others, sufficient to warrant him in making his deposition, for he stated that Mr. Thornberry wrote his deposition, and that Mr. Hamilton the magistrate who acted in the case, hand it over to him before he was qualified to it-under these circumstances, I consider it to be a duty I owe to my self as well as to Government, to take the liberty of suggesting the propriety of your handing over Mr. Swarts' deposition, and not to regard it, as proving any part of Garner Fortunes Revolutionary service. This being done I presume Mr. Fortune success in his [illegible] claim under the act of 1836, without filing additional [illegible] which in all probability she cannot do,
Page 75

then and in that case, can she claim under the act of 1838 and ask for an examination of her claim, upon the declaration and evidence now upon file,

I will with pleasure review your communication and make it known to Mrs Fortune
Reply  w- obt sent
W. G. Settle

J.L Edwards Esq. 
Com. of Pensions
W. City
Page 76

Manassas Gap, Warren County VA
Feby 18, 1840
Sir

 Mr. John Thornberry, who is agent for Mrs. Lucy Fortune, (who is claiming a pension,) is absent, requested me to forward the enclosed certificate, if it came to hand in his absence, stating at the same time, that in your last communication relative to Mrs Fortunes claim, that you desired to be informed of the reason why Garner Fortunes her Husband had not applyed [sic] for a Pension under the act of 1818. Mr. Thornberry stated that he has heard nothing said upon that subject, but supposed the reason was that he was not entitled under the provisions of that act, being worth a considerable estate, and [illegible] was the enclosed certificate showing that the sd Garner Fortunes no consequence of his estate was not entitled, which you will please [illegible] with the [illegible] now on file-
Respy yrs obt sevt
W. G Settle

J L Edwards Esq
Comm of Pensions
Page 77

Certificate in
relation to Garner
Fortune's Estate
Page 78

Virginia, Prince William County, to wit:
I John Williams Clerk of Prince William County Court do hereby certify that I have examined the Commissioners books filed in my office for the year 1818. and find that Garner Fortune was charged with taxes for that year on the following property, to wit: 323 Acres of land, 8 Slaves over 16 years of age, and 10 horses, and I do further certify that I have examined the Inventory and appraisment & account of sales of the Estate of said Garner Fortune decd as recorded in my office, and find the same to be as follows, to wit: total amount of Inventory and appraisment including land $6205.24, total
amount of account of Sales $166.95-
In witness whereof I hereto set my hand and annex the seal of said County Court this
31 day of January 1840.
J. Williams
Page 79

Bowling Green 18 3/4
April 7th 1839
Mrs. Lucy Fortune
1834
Menassa's Gap.
Warren County
Va
Page 80

Dr Madam
4th Apl 1839-
Your letter has been received
and in answer I have to say that the
record of marriages in my office does
not go farther back than 1786 and
the Marriage bond of executed in this
County of that date cannot be found
in consequence of the office many
years back having taken fire.

Yrs very respy
John L Pendelton
Page 81

Virginia
     Prince William County Court July 1st, 1839.
The declaration of Lucy Fortune made under
the provisions of the third section of an act of
Congress passed July 4th, 1836, entitled “An act granting half pay to widows, and orphans where their husbands or fathers have died of wounds received in the military service of the United States in certain cases and for other purposes bearing date on the 21st day of September, 1838, together with the certificates of James D. Tennille, Jesse E. Weeks and Thomas B. Hamilton, magistrates in and for the County of Princeton William in the State of Virginia were produced in open court, and upon an examination of the said declaration and certificates, it is ordered to be certified to the war department at Washington City, that the said declaration certificates and proceedings about the same are approved of by the court.

A.Copy, teste                          Williams c.c.

Virginia
     Prince William County, to wit:
I John Williams, clerk of the County Court, for the
Page 82

The deposition of George Tennille, aged eighty two years, who testifies that he was drafted from the militia of Prince William County in the fall of the years 1777 in the state of Virginia, and marched into Pennsylvania and there served a tour of militia duty and then returned home, and in the spring of the year 1778, he was again drafted and marched to the same section; and after reaching the army he enlisted for twelve months and served out the term of his enlistment in General Woodford's Brigade, and Third Virginia Regiment commanded by Col. Heath. in the Revolutionary War; and that soon after the close of said war, he became acquainted with Garner Fortune (named in the declaration hereto annexed, made by Lucy Fortune his widow, who has sworn to and subscribed the same, bearing date on the 21st day of September 1838.) and was on terms of intimacy with said Garner Fortune to the time of his death, and from said Garners Fortune relating to him the said George Tennille different circumstances that occurred in the army at the times and places that he, the said George Tennille was in the service, he is fully committed that the said Garner Fortune must have been in the service and the same times and places that he the same George Tennille was; and said George Tennille further testifies that the same James Fortune died on the second day of December, in the year eighteen hundred and twenty six; and that the said Lucy Fortune has never married since, but has  remained his widow ever since that period; and he further states that he believes the aforesaid declaration to the substantially true. 

George Tennille [signature]

4716[Written on the left hand side horizontally]

This day personally appeared before me James D Tennille a justice of the peace is and for the county of Prince William in the state of Virginia, George Tennille, who has subscribed the foregoing deposition and made oath that the facts therein contained and set forth are true. I testify that the said George Tennille is a man of truth and entitled to full confidence. Given under my hand and seal this day of September in the year 1838 and I verify that the words in the fall of this year and (this was 1777) between the first and second time of the above deposition was interlined before signed. 

James D. Tennille [Seal]
Page 83

The deposition of John Sullivan aged eighty years, who testifies that he was well acquainted with Garner Fortune in the Revolutionary War, and served with him in the first Virginia State Regiment, commanded by Col George Gibson and in General Muelenburg's Brigade, to the Northward, from the month of November in the year 1778, until the month of December, in the year 1779, when he the said Sullivan was selected with others to guard some prisoners from Philadelphia, in the State of Pennsylvania, (where he left said Garner Fortune) to Fort Frederick, in the state of Maryland, he further testifies that verily believes the said Garner Fortune enlisted for three years, and served out the time of his enlistment, and left the army in the month of February in the year 1780, and that he
believes the declaration hereto annexed, and sworn to by Lucy Fortune, widow of the said Garner Fortune, bearing date on the 21st day of September in the year 1838) to be substantially true.
John Sullivan
This day personally appeared before me, Jesse E. Weems, a justice of the peace in and for Prince William county, in the state of Virginia, John Sullivan, who has sub-scribed, the above deposition, and made oath that the facts therein contained and set forth are true.
I certify that the said John Sullivan is a man of truth and entitled to full confidence.
Given under my hand and seal this 21 day of September in the year 1838.
[signature]
J. E. Weems JP   Seal