Revolutionary War Pension and Bounty Land Warrant Application File R. 8496, for John Proctor, Virginia
Page 1

SERVICE.  VIRGINIA

PROCTOR, JOHN.  

NUMBER.   R 8496
Page 2

State of Indiana  }
elkhart County    }  ss

On this 13th day of April A.D. 1852 personally appeared in open court, at the Court House in Goshen, in said County, at a session of the Circuit Court for said County, begun and held before the Hon. Ebenezer M. Chamberlain, the presiding judge of said Court, John Procor, Senior a resident of Washington Township in the County of Elkhart & State of Indiana aged one hundred years on the tenth day of February last past, who being first duly sworn according to law doth, on his oath, make the folowing declaraion in order to obtain the benefit of the privisions made by the Act of Congress passed June 7th 1832.  That he was born in the County of Stafford in the State of Ivrginia on the 10th day of February AD (1752) Seventeen Hundred & fifty two - That he enlisted as a private in the army of the United States on or about the year one thousand Seven hundred and Seventy Seven to the best of his recollection, with one Colonel Elias Edmund and served in a Regiment commanded by the said Colonel Elias Edmund (the number of which Regiment said deponent does not now recollect of the continental line under the following field and company officers, namely General George Washington, Commander in Chief, General Anthony Wayne, Colonel Elias Edmund.  also Colonel Shelton who wa skilled at the battle of Brandywine (whose Christian name is not recollected) & Captain Robin Ashby who was also killed at the Battle of Brandywine -
Page 3

Said war exceeding the period of time of three years and was honorably discharged from the Service soon after the Battle of the Cow Pens to the best of his recollection and belief -  That he enlisted for three years & entered said Service at the Court House in the County of Farquiher in the State of Virginia or the State of Virginia in which county of Farquiher he resided when he entered the said Service.  That hew as in the Battles of Brandywine, of the Cow Pens, & at the storming of Stoney Point under General Wayne was was wounded in that action and was also in several other skirmishes during his said service.  That he marched with the army in or through the States of North and South Carolina, Virginia, Pennsylvania, New York New Jersey & Delaware.  That at the close of this term of service he received a written discharge from the prper officer, but that the same is now lost or destroyed and that [interposed: there] is no surviving witness to the knowledge of said deponent by whom he can prove the facts details in the foregoing declaration.  That he is a man of no learnings, having never been taught to read or write and that he states the above facts from a distinct recollection. 

He hereby reliniquishes every claim whate er to a pension, or an annuity, except the present, and he declares that his name is not on th epension roll of any agency of any State of the United States to his knowledge
Page 4

and further deponent saith not. 

John Proctor 
his X Mark 

Attest
E.G. Chamberlain
James Davis


Sworn to and subscribed the day and year afore said. 
Owen Coffin 
clerk 

Mr. Daniel N. Gray clergy man and pastor of the Church of Christ in Washington Township, Elkhart County & State of Indiana and Daniel Heaton & Phineas Heaton residing in the same, hereby certify that we are well acquainted with John Proctor, Senr who has subscribed & sworn to the above dec-laration that we beliebve him to be one hun-dred 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. 

Daniel N. Gray 
Daniel Heaton 
Phineas Heaton

Sworn and subscribed the day & year afore said
Owen Coffin Clk

And the said Court hereby declares the opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicat was a Revolutionary Soldier and served as he states.  And the Court further certifies that it appears to said Court that Danil N. Gray who has
Page 5

signed the preceeding certificate is a clergyman, resident near the north line of the County of Elkhart aforesaid and that Daniel Heaton & Phineas Heaton are credible persons - and that their state-ment is entitled to credit. 

E.M. Chamberlain 
Resident Judge

I Owen Coffin Clerk of the Circuit Court of the County of Elkhart & State of Indiana do hereby certify that the fore-going contains the original proceedings of the said Court in the matter of the ap-plication of John Proctor, Senior for a pension
In testimony whereof I have hereunto set my hand and the seal of said Court & of my office this 13th day of April A.D. 1852. 
Owen Coffin Clk


The court proceeded to propound to the applicant the following questions and thereafter received the answers thereunder written in open court. 
Question 1 - Where & in what year was you born? 
Answer: - I was born in Stafford County in the State of Virginia on the 10th day of February 1752 as I am informed and believe. 

Question 2 - Have you any record of your age? and if so, where is it?
Page 6

Answer - There was a record of my age in the family bible  but the Book passed into the possession of my son in Law Joseph Hughes who is now dead. 

Question 3 - Where were you living when called into Service - where have you lived since the Revolutionary War & where do you now live? 
Answer:  I was then living in Farquiher County in the State of Virginia.  After the war I removed to Kanhawa County Virginia where I lived about forty-two years.  I then moved to Randolph County in the State of Indiana where I lived about three years.  I then moved to the State of Illinois & lived therein about Six months - I later moved to the State of Arkansas where I lived three years & then moved to Texas where I lived about eleven years & I am now a resident of Elkhart County Indiana where I have resided about six months. 

Question 4 - How were you called into service - were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom? 
Answer:  I enlisted for three years as a private.  I was no substitute. 

Question 5 - State the names and rank of the regular officers who were with the troops you served in - [illegible] continental & Militia regiments as you can recollect and the genral circumstances of your service? 
Answer: General George Washington.  Gen Anthony Wayne.  Col. Elias Edmund.  Capt. Robin Ashby who was killed at Brandwine and Col. Shelton who was also killed in that action.  I cannot reccollect the names or numbers
Page 7

of particular Regiment - I was with Morgan at the battle of the Cow Pens.  I was in the Battle of Brandywine & under Gen Anthony Wayne at the storming of Stoney Point. 

Question 6 - Did you ever receive a discharge from the service - and if so by whom was it given and what has become of it? 
Answer:  i did received a written discharge but cannot state the name of the officer granting it - It is lost or destroyed.  I have not seen it for many years. 

Question 7.  State the names of persons who whom you are known in your present neighborhood and who can testify as to your character for veracity and their belief of your service as a soldier of the Revolution. 
Answer - I would mention Daniel N. Gray Daniel Heaton, John Proctor Jr. Jasper Gannett & Phineas Heaton who are now here in court. 

Question 8 - Why have you not applied for a pension before now. 
Answer - I was able to live without it till now - I thought it to much like begging. 

the undersigned President Judge of the ninth Judicial Circuit of the State of Indiana & ex offico presiding Judge of the Eleventh Circuit Court, do certify that the foregoing questions were propounded in open Court by him and that the answers to said questions as above written down were made by the said John Proctor Senior to the questions propounded to him & that the said Court is of the opinion that the statements
Page 8

therein made by said applicant are sub-stantially true
Witness my hand & Seal the day and date first aforesaid. 
E.M. Chamberlain  [seal]
President Judge

State of Indiana }
Elkhart County }  ss

I Owen Coffin Clerk of Elkhart Circuit Court in & for the County aforesaid do hereby certify that Ebenezer M. Chamberlain, before whom the several attestations above were made, is the presiding Judge of our said Elkhart Circuit Court & that all his acts as such are entitled to full faith and credit & that his several signatures aforesaid are genuine. 
Witness my hand & the seal of our said court at Goshen in said County this 13th day of April AD 1852. 

Owen Coffin Clerk
Page 9

the undersigned members of the Bar of the Ninth Judicial Circuit of the State of Indiana, do hereby certify, that we were present at the application made by the said John Proctor as within transcribed, that we are all acquainted with him either personally or by reputation, that we cordially concur in the expression of our entire conviction of the truth of the statement made by him as to his age & patriotic service; & that in consideration of his great age & distinguished servces in the cause of his country's freedom, we do most heartily & cordially recommend him to the favorable considerion of the commissioner of pensions.  
Goshe, April 13, 1852

J.W. Irwin
E.B. Crocker
E.G. Chamberlain 
J.L. Jernegan
J.A. Liston
Jas. S. Frazer
Joseph H Mather
M.D. Dougherty 
James DavisT.S. Cowles
A.G. Deavitt
A.H. Marion
F.G. Harris

I cheerfully concur in the above expression and recommendation 
E.M. Chamberlain
Judge of the said 
Elkhart Circuit Court
Page 10

State of Indiana   }
Elkhart County     } SS

On this 28th day of May A.D. 1856 personally appeared before me a Justice of the Peace in and for said county, John Proctor aged Sixty three years, a resident of Elkhart County, Indiana, who being duly sworn according to law, upon his oath, declares that he is the only surviving child and heir of John Proctor deceased who was an applicant for pension under the Act of June 7th 1832 at the time of his death, which took place on the 11th day of January 1856, for service rendered as a soldier of the war of the Revolution, for the particulars of which services he referred to the Declaration filed in the Pension Department by his Father in the month of April 1852.  But respectfully asks to be allowed to correct and explain an error contained in that declaration, in reference to the grade his Father served in.  the declaration filed by his father states that the services was rendered as a private, whereas the truth is his Father served as a Sergeant.  He knows this to be the truth because from his earliest recollection, his Father in speaking of his service in said war allways represented that he had served as a Sergeant, that he never heard him claim to have served in any other capacity than that of a sergeant, and because he was often heard Thomas Huddnol,
Page 11

Edward Riley, and William Willson who were in the service in said war at the same time with his Father, and all of whom the affiant believes were in the same Company or REgiment or body of troops with his Father.  That he knows that Thomas Huddnol was in the same Company that he has often heard both Huddnol & his Father say that Huddnol always did his Father's writing as Sergeant.  This affiant declares that he has often heard each of these men say that John Proctor the affiant's father, served as Sergeant in the Revolutionary War, that the way that the error was committed in his Father's declaration was this, that George W. Smith, who undertook to prepare & did prepare the papers in his Father's application, never enquired whether he served as an officer but put him down as a common soldier, That his father supposed that Smith would know how to prepare the papers right, and that his father, not being told by Smith that his grade ought to be stated, through all that was necessary to be stated and claimed was that he had served just as a soldier.  he there upon subscribed & was sworn to the Declaration.  

That his Father was an ignorant man, not being able to either write or read at all, and condequently confided all the business of his application to the said Smith.  That this said Smith never made enquiry of his Father whether he had received from Virginia any land warrant or continential scrip for his service, that the affiant had always heard his Father claim to have received a Land Warrant
Page 12

for 200 acres from Virginia for said services and that he had sold the said warrant to two brothers, named George & William Richardson, of Virginia for one stud horse, and that these men located the said warrant in Ohio.  He also declares that he has often heard his father say that he was paid off in worthless continental Scrip, and he recollects of hearing his Father and Thomas Huddnol talking about the Warrant & Scrip received some 30 or 40 years ago while they were living in the State of Virginia, and if the affiant recollects rightly, they said that Thomas Huddlon, receipted for this said & Scrip, in the name of his Father; this the affiant believes is true, though he will not positively swear that such is the fact.  He swears that he distinctly recollects that conversations in relation to these things did take place, between his Father and Huddnol as also with the aforesaid Edward Riley & William Willson, for these 3 men Thomas Huddnol Edward Riley & William Willson were then applying for & did receive pensions and tried to persuade his Father to do the same, but that his Father declined then to do so, because he said that he felt that he had only done his duty in fighting for his country, and did not want a pension for it because he was in no need of such assistance at that time, and so positively refused to apply.  he states that it was some years, he thinks about 10, that William Willson, applied for & received his pension, after Thomas Huddnol & Edward Riley had received theirs.  

The affiant also declares in explanation to the fact of George W. Smith being employed by his father to make his application, that his father previous to the year 1850 had been residing in the State of Texas, but desired to come & live with him, the affiant,
Page 13

that the affiant being unable himself to go & bring his Father, he employed Smith, with whom he then had but little acquaintance, and who was in debt to the affiant, to go to Texas & bring his Father to Indiana, which he did; and that on their way home they made an agreement that Smith should make an effort to obtain his father a pension; That the affiant has become satisfied of the fact since his better acquaintance with Smith, that his Father was outragiously imposed upon by the said Smith, and that he was deprived of the benefit of his pension during his lifetime through & by means of the error committed & the facgts omitted in the Declaration made by his father, which Smith prepared.  

The affiant makes this Declaration or Affidavit, for the purpose of obtaining for his own benefit & use any and all moneys that may be due him by any pension act, for the services rendere in the Revolutionary War by his Father.  he further declares that no Record of the Births & deaths in his Fathers family is now in existence, that he has any knowledge of that one did once esixt, but what became of it he is unable to say.  His father, when he came from Texas was not in possession of any & therefore, for evidence of his being the son & only surviving child, refers to the affidavits of those who have long known him and father John Proctor deceased.  

John Proctor

Subscribed and sworn to before me on the day & year above written & certify that John Proctor the above affiant is well known to me as a credible & truthful person & a man whose statements are entitled to full faith & credit.  I further certify that he is the reputed son & only surviving child of John Proctor deceased which I verily believe to be the fact.  I also certify I have no interest whatever in this claim. 

Amos Bassett
Justice of the Peace
Page 14

State of Indiana  }
Elkhart County    }  SS

Personally appeared before me a justice of the Peace in & for said County and State, George Lenior and Daniel Heaton, 
Residents of Elkhart County Indiana, who being by me duly sworn according to law, upon their oaths declare that they have for many years past been well acquainted with John Proctor, a resident of Elkhart County, Indiana, and that he has always sustained a good character for truth & uprightness. 

That he is a man whose statements are entitled to full faith & credit and would be believed by all who know him without questioning the truth of them.  That they never heard his integrity called in question.  that the affidavit of hundreds of men of this County who know him could be had to the same as above stated, if necessary. 
George Lenior

I will believe him on & with any time.  Daniel Heaton

Subscribed and sworn to on the ed day of May A.D. 1856.  And I certify that each affiant is well known to me & that they are credible persons. 
Amos Bassett  Justice of the Peace.
Page 15

State of Indiana  }
Elkhart County    }  ss

Personally appeared before me a Justice of the Peace in & for said county & State, William Proctor who being by me duly sworn according to law, on his oath declares, that he has for many years known John Proctor the son of John Proctor deceased, and knows that he is reputed to be the son of John Proctor deceased and that he never heard the fact of his being such doubted by any one.  He also declares that he knows that John Proctor deceased regarded the present John Proctor as his son and oly surviving child. 

He furter declares that he has often heard the deceased John Proctor declare that he had served in the war of the Revolution as a Sergeant. 

He further states that he has no interest in any claim for pension now being prosecuted, by John Proctor. 

Wm. Proctor
Subscribed & Sworn to on this 28th day of May AD 1856 & I certify that the affiant is a credible person. 

Amos Bassett  Justice of the Peace.
Page 16

State of Indiana  }
Elkhart County    } ss

Personally appeared before me, a Justice of the Peace in and for the County and State aforesaid Phineas Heaton and Daniel Heaton  Residents of Elkhart County Indiana who being by me duly sworn according to law, upon their oaths, declare that they were well acquainted with John Proctor deceased previous to the time he made application for pension, and that they have often heard him speak of his service as a Revolutionary Soldier, and that they know that in such conerations, he always claimed to have served as a Sergeant in said War, That these conversation in which he represented himself as serving as a Sergeant took place previous to thie time he filed his Declaration as well as at all times afterwoards to the time of his death.  That they have often heard him say tha the first went into the service as a private but was elected [interposed:  or appointed] Sergeant & served as such during the said War.  That from John Proctor's characyer for truth & uprightness, they never had any doubt of the correctness of his statements & representations, that the affiants had good opportunities for knowing the character of the said John Proctor, having known him for more than twenty years, and having had frequent conversations with him in reference to his services as said soldier. 
Phineas Heaton
Daniel Heaton
Page 17

Subscribed & sworn to before me on this 28th day of May 1856 before me and I certify that each of the affiants is well known to me, and that borth of them are credible men.  

Amos Bassett, Justice of the Peace
Page 18

State of Indiana  }
Elkhart County    }  SS

On this 28th day May A.D. 1856, personally appeared before me a Justice of the Peace, Sarah Hulse and Jenette Ball, Residents of Elkhart County in the State of Indiana, who being duly sworn accor-ding to law, on their oaths declare that they each were well acquainted with John Proctor deceased, previous to the time he made application for Pension, and that they have often heard him speak of his services as a Revolutionary soldier and that they know that in such conversations he always claimed to have served as a Sergeant, that they never heard him speak at all of serving as a Private in said war that these conversations, in which he represented himself as serving as Sergeant took place previous to the time of his filing or making his application for pension as well as at all times afterward during his life.  That from John Proctor's character for truth & uprightness, they never had any doubt of the correctioness of his statements, that he was a man whose character for integrity they never heard called in question by any one, That the affiants had good opportunities for knowing the character of the said John Proctor, being often about the house of his son John, with whom he lived for nearly five years before his death & at whose house he died - and further, that they know of his death taking place at or on the 11thday of January 1856, because they each were at the house of his son's & saw his corpse and also attended his funeral.
Page 19

That they have often heard John Proctor deceased say that he had but one living child, his son John, that John Proctor the present applicant for the pension money due his Father, is the identical John Proctor with whom John Proctor deceased lived & at whose house he died. 

They further declare that the present John Proctor with whom they have for many years been acquainted, is a man who sustans a good character for truth, and that they never heard of his integrity being called in question -  The affiant Sarah Hulse, declares that she is no connection of the Proctor family and is in no way interested in this claim of Joh Proctor's for pension.  The affiant Jenette Ball declares that she is a connection of the Proctors, but is not directly or indirectly interested in this claim for pension.  The affiants further declare that they had opportunities to become better acquainted with John Proctor deceased than any other persons in the neighborhood, for the reason that living in the country, he was un-able to go about much on account of his extreme age and bodily infirmity and therefore became but little acquainted, this refers to the time afte rhe came from Texas.  The affiant Jenette Ball declares that [struck: he] it has been twenty four years since she first became acquainted with John Proctor decd and that he has always in that time sustained a good character & was regarded by all who knew him as a man whose statements implicit confidence could be & was placed.  
Sarah Hulse 
her X mark 
Jenette Ball 
her X mark

Witness:  lewis J. Moore

Sworn & subscribed to on the day and
Page 20

year above written, and I certify that I am well acquainted with the affiants, Sarah Hulse and Jenette Ball, who are widow women living in the immediate neighborhood of John Proctor, that I know them to be credible persons and that their statements are worthy of full & entire confidence. - 

Amos Bassett
Justice of the Peace
Page 21

State of Indiana }
Elkhart County   } SS

Personally appeared before me, a Justice of the Peace in and for said County & State Thomas Heaton, Sylvester Proctor, Daniel Heaton, Sarah Hulse, and Jenette Ball, residents of Elkhart County Indiana, who being by me duly sworn according to law doth on their oaths declare that they are will acquainted with George W. Smith who acted as Attorney for John Proctor deceased on applicant for pension, That he said Smith at the time he acted as such atty, was a resident of Howard County, Indiana, and at different times pretended to be a Baptist & a [Compbellito] preacher,  That the said Smith is now a Resident of Benton County Iowa. 

That the said George W. Smith is a man regarded by all acquainted with him as wanting sufficient capacity to attend to any kind of business in a proper manner, that he is ignorant in regard to business matters generally, That he never had any experience , to their knowledge or that they have ever heard of, in pension business previous to officiating for Proctor, nor in the practice of law in any way - That the said Smith is a pretending officious man, & will undertake to perform that for which he has no qualification or capacity for doing & is thereby apt to ipose himself upon those not well acquainted with him. 

The affiants declare that they are not prompted by any ill feeling twoard Smith to make these statements in regard to him as no such feeling exists between them -
Page 22

and further they declare that they have no interest either directly or indirectly in any claim now being prosecuted by John Proctor for pension. 
Phineas Heaton
Silvester Proctor
Daniel Heaton 


To the best of my knowledge the above is true. 
Sarah Hulse her X mark
Jenette Ball  her X mark

Witness L.J. Moore

Subscribed & sworn to before me on this 28th day of May 1856.  And I certify that each affiant is a credible person. 

Amos Bassett  Justice of the Peace
Page 23

State of Indiana  }
Elkhart County    }  ss

I Asa A Norton Clerk of the Elkhart Circuit Court in & for said County & State do Certify, that Amos Bassett Esqr, whose signa-ture appears to the taking of the written affidavits, was at the date thereof an acting Justice of the Peace in and for said County of Elkhart, duly commissioned and qualified, that the signature to said Certificate is the genuine signature of said Justie as I verily believe, that the commission of said Justice bears date on the 24th day of August 1854 and will expire on the 24 day of August 1858 as appears from the record thereof in this office. 

In testimony whereof I have hereunto set my hand and affixed the Seal of our said Court at Goshen this 29th day of May A.D. 1856
Asa A. Norton  Clerk
Page 24

Official business 

Commissioner 
Pension office
Washington City 
D.C. 

Shellsburg [illegible]
Jan 28"/58
Page 25

Shellsburgh, Benton County, Iowa
Jan. 24th, 1858 

Hon. Com. 
Pension Office
Washington City 
D.C. 

Dear sir, 

I learn that Nathan Proctor, the 5th son of John Proctor Senr (whose pension claim I hear have been for so long prosecuting) is still alive, which will materially alter the case; making John Proctor Jun. not the only legal heir. 

I have this day written to Nathan Proctor, who will no doubt soon prosecute his claim in his own proper person. 

Please instruct me how to proceed now, seeing there is 2 legal heirs alive
Your Obedient servant,
George W. Smith 

Com 
Pension office
Washington City 
D.C.
Page 26

August 27, 1935. 

Mrs. Fred C. Wherly 
800 Carfield Avenue 
Elkhart, Indiana. 

EA-J/ILL
William Wilson
S. 32606
John Proctor
R. 8496

Dear Madam: 

The data given herein regarding William Wilson and John Proctor are found in the papers on file in their claims for pension, based upon service in the Revolutionary War. 

WILLIAM WILSON-S. 32606 

William Wilson was born in the County of Armagh, Ireland, in 1739, and was reared in Newcastle County, Delaware; the names of his parents are not shown. 

While a resident of Newcastle County, Delaware, he volunteered about June 1, 1780, at Philadelphia, Pennsylvania, as boatswain on board the sloop of war, Luzerne", Captain Thomas Bell, and while on a voyage to the West Indies, about July 1, 1780, captured the ship Betsey; later, the same year, they took two British prizes and sent them to America; shortly after, near one of the western islands, they were fired upon by a British squadron, flying French colors, and were chased by two British vessels and engaged in a four hour running fight with one of them, after which they continued their course until October 1781, when they were captured by the frigate, "Enterprise from London. They were carried to Ireland, where they were confined several months, then taken to London, where they were confined to the Mill Prison, during which imprisonment they attempted to escape, and remained until 1783, when they were released and sent home in a cartel. 

William Wilson resided in Newcastle County, Delaware, until 1785, moved then to Redstone, Washington County, Pennsylvania, and remained until 1789, at which time he moved to Montgomery County, Kentucky , where he resided until 1802, at which time he moved to Wayne County, Indiana, and resided until 1832, then moved to Wayne County, in
Page 27

Indiana.
William Wilson was allowed pension on his application executed
September 29, 1832, at which time he resided in Henry County, Indiana.
The soldier made no reference to wife or children at the time made
application for pension.
Records Division, this city, and cite the following:
In order to obtain the date of last payment of pension, name of
person paid, and, possibly, the date of death of said pensioner, you
should apply to The Comptroller General, General Accounting Office,
William Wilson
Certificate 22395
Issued October 21, 1833
Rate $96 per annum
Commenced March 4, 1831.
Act of June 7, 1832
Indiana Agency.
JOIN PROCTOR-R. 8496.
John Proctor was born February 10, 1752, in Stafford County,
Virginia; the names of his parents are not shown. During the period
of the Revolutionary War, he resided in Fauquier County, Virginia.
Sometime after the war, he moved to Kanawha County, Virginia,
and resided about forty-two years, after that moved to Randolph County,
Indiana, which was his residence in 1836, after that he resided in
Illinois about six months, then moved to Arkansas where he resided
about three years, thence to Texas in which state he resided until
sometime in 1851, when he moved to Washington Township, Elkhart County,
Indiana.
He applied April 13, 1852, at which time he resided in said
Washington Township, Elkhart County, Indiana, for pension which might
have been due on account of his service in the Revolutionary War. It
2.
Page 28

was stated then that John Proctor enlisted in 1777, in Fauquier
Court House, Fauquier County, Virginia, served three years as
sergeant in Captain Robin Ashby's company, Colonel Elias Edmund's
Virginia regiment, that he was in the battle of Brandywine, was
in the storming of Stony Point under General Anthony Wayne, was
in the battle of Cowpens and in other engagements.
his claim for pension was not allowed as he failed to furnish
proof of service as required by the pension laws.
At the time he made his application for pension, John Proctor,
Senior, was residing with his son, John Proctor, in Elkhart County,
Indiana. He died there January 11, 1856.
Soldier's son, John Procter, Jr., was born 1793 in Kanawha
County, Virginia, and resided near his father until he married; the
name of his mother is not shown, nor the names of any of his own
family designated. Reference was made to Nathan Proctor in 1858,
a son of the soldier. In 1851, Sarah Proctor, a widow with a large
family of children, was the daughter-in-law of the soldier, John
Proctor; he lived with her before he moved to Elkhart County, Indiana.
The name of her husband is not shown, nor names of her children stated.
she was referred to as of Dowie County, Texas, in 1857.
In 1832, soldier's grandson, Raymoth O. Proctor of Mani County,
Indiana, stated that he was born in 1811 at his grandfather's house
in Kanawha County, Virginia, but he did not designate the names of
his parents. One Hannah Proctor stated at that same time that she
had been acquainted with the soldier since 1836. Reference was made
by both of these parties to the baptism of the soldier, John Proctor,
which took place in 1836 in Randolph County, Indiana.
In 1856, Sylvester Proctor and William Proctor were both of
Elkhart County, Indiana; their relationship to the family of the soldier
was not stated.
One Edward Riley was referred to as the step-father of John
Proctor, the soldier.
In 1856, Jenette Ball, a widow, and a resident of Elkhart County,
Indiana, stated that she was a family connection of John Proctor, the
3.
Page 29

soldier, that she had been acquainted with  him for twenty-four years, that she was at his son's house when John Proctor, Sr. died and attended his funeral.

In 1852, soldier's son-in-law, Joseph Hughes, was deceased, the name of his wife was not stated.

Very truly yours

A.D. Hiller.     Executive Assistant to the Administrator
Page 30

John Proctor, filed from Inda ACt of June 7/32 - suspended

DW Rinson
Page 31

John Proctor  Revo:  Elkhart Co
Indiana
Page 32

[horizontal]
James E. Heath Esq
Com of Pensions 

[vertical, left to right]
July 28/52
Authority to act in case of John Proctor 

Elkhart Ind.
Present
Page 33

Wm Proctor  W Tenn 31, 
Mikj Proctor [illegible]
  "            "       Ills
George    "        "
  "             "       Md " 
Benj          "      Mo, Ark
Little Page "     Ill
Mahila       "     "   Adm
Page 34

38.365
John Proctor - decd
Indiana 
Hon. G.N. Fitch  July 27 1852
Geor Smith  July 27 1852 - same
Aug 30 1852.  F. Bigger
June 22 1853 - Hon E M Chamberlain Jany 30 1854
Hon A I Harlan  March 14 1854 - J.J. Miller Mch 18 1854 - Bryant V. Moore Dec. 10 1855 - John S Bry-ant June 19 1856
G.W. Smith, Aug 14 1857
S.C. Willson in 25.1857
G.W. Smith  Sept 9 1857 
Bryant & Moore " 28 " 
G.W. Smith Mch 15/58

June 7, 1832
Page 35

Mch 15, 1858

Sir: 

I have received your letter of the 24th January last, and in reply have to state that the Department has recently decided that children of Revolutionar soldiers cannot legally establish and recover claims for pension money due their parents, who were non-pensioners. 

The claim in virtue of the services of John Proctor, deceased, is therefore rejected. 

Geo. W. Smith, Esq. 
Shellsburgh, Iowa.
Page 36

{left]

Feby 8/79  [Condition?] to Hon. A. Saunders    White.

1906  Oct 4.  History to Mrs. Louise A. Scott. 

1935 - Aug 27 - His. to Mrs. Fred. C. Wherly - see letter in Rev. Cl. Wm. Wilson - S32606-J.L.L. 

8496

P.O. 
John Proctor
Service:  

Enlist:  REJECTED
Page 37

Chancy, Ind.  Oct. 19th, 1852
Mr. Hath

Dear Sir

I wrote to you from Bristol, Elkhart County Ind. on the 9th of September, stating to you that the old man Proctor had received 200 acres of bounty land from the state of Vir-ginia, and had sold the warrant to two men by the name of Richardson (he thought William and George) and said Richardsons, located the warrant in Ohio.  A letter from the Hon. Mr. Parker, [Reg.?] of the Land office, Virginia deated Sept. 9th, informed me that "the testimony on which the warrant was granted" was forwarded to you, from Richmond on the 3rd of Sept. 
These I truly hoped would be to you satisfactory  and you would grant the old man's claim, and forward the papers to me, immediately.  But I have looked Mail after Mail in vain.  Now may I hyumbly request you, if you will not grant the claim on the testimony before you, to write to me and let me know plainly the reason that you will not.
Page 38

If you cannot grant the old man his claim, please sent me a copy of the testimony that you received from Rich-mond concerning the warrant.  

Your humblele serv-
ant, and the soldier's friend
George W. Smith
Chancey 
Ind. 

Hon.  J.E. Heath Esqr
Pension office
Washington 
D.C.
Page 39

Sept2/56
ReL:  to case of 
John Proctor 

May 9 Luley

Hon G.N. Fitch 
H Reps
Page 40

Ho. of Reps
Julyl 24th 1852

Sir, 

An examination of my memorandum relative to the case of John Proctor named in your letter within leaves it doubtful whether the papers were filed by me or by G.W. Smith of Chancey, Miami, Ind.  & my attention called is the matter by Mr. Smith.  The papers must have been filed prior to the 15th May - & subsequent to commencement of this session.  The present condition & properity of the case I am desirous of learning. 

Respectfully Yours, 
Graham N. Fitch 

J.E. Heath Esq. 
Comr Pensions

PS.  The application was for pention for revolutionary services
G.N. Fitch
Page 41

Pension Office
July 23d 1852

Sir, 

We can find no evidence of the reception at this office with within the last few months of the claim of John Proctor filed by you for Revolutionary Pension.  

Please say at what time, from what State & under what Act application was made.  

Very respty
Your Obt St
F.F.C. Triplett
Acting Commissioner
Page 42

[Left]

Recd in person his depreciation 
[From?] pay from [illegible]  82 - Sept
Lee Va [illegible] 
83  Dan'l Thompson
by Sept

[Center]
Sept 2/56
Rel: to case of John Proctor
Maj Kuley


Hon G.N. Fitch 
H Reps
Page 43

Pension Office 
August 30th 1852

Sir, 

The additional evidence filed by you today in the case of John Proctor of Ind. who claims a pension under the Act of 7 June 1832 does not fulfil the requirements of my letter dated 27 July ult. 

In that letter Mr. Procgor was required to state whether he had recevied his depreciation, and if so how much and whether he received it in person or by proxy - if the latter, the name of the gentleman.  Such a statement would perhaps identify him, as the case not stands in cannot be allowed. 

I am respectfully 
Your Obt svt

Commr

George Smith Esq
of Ind. 
Present
Page 44

Senate Chamber 
Dec 27th 1852

Sir,  
Geo. W. Smith of Chauncey Indiana writes that he has presented to your office the claim of John Proctor to a pension and desires my attention to the case - Will you if you can give me such information as will enable me to appreciate its merits [illegible]. 

Most respectfully
Yr Obt Sevt
Ch w. Cathcart

J.E. Heath Esqr
Com r Pensions
Page 45

Sept 14. 1852

Geo: W. Smith 
[two lines struck] 
Rel to case of 
John Proctor

Address writer
Chauncey 
Howard Co. 
Ind. 

[written across]
J.E. Heath Esqr
Washington City 
D.C.
Private
Page 46

near Bristol, Elkhart Co. Ind. 
Sept. 9th, 1852

Hr. Huth.  Dear Sir. 

I arrived hear last night and found our old soldier in good health, but much discouraged at the delay, and the many questions and difficulties raised con-cerning his pension.  

On talking with him, he recol-lects of being appointed serjeant, and served a while, and wished to give it up, because he was no scholar, but was told that it was no difference that he could do all that a serjeant had to do and so he served on as such.  when the lawyer was writing out his declaration, he did not know that the law made a difference between a noncommissioned officer and a private, and never thought to mention his serving as a serjeant, and the question was not asked.
Page 47

He recollects of getting a warrant for 200 acres of land and he sold it and took a stud horse in payment for his warrant. 

He cannot recollect distinctly who he sold the warrant to, but it was to two men in his Co; he thinks [interposed: that they were] by the name of William & George Richard-son; or men of a firm of Richardson, and they located the land in the state of Ohio. 

I hope you can find out (perhaps in the general land office at Washington) if the warrant granted to John Proctor, was ever located in Ohio by any such men as Richardson. 

If you find such a record, of course this will settle the matter as to his identity, and you will be pleased to grant his pension im-mediately.  His son's complaint is growing word; and he will make his will as soon as he gets your answer to this letter.  Direct to George W. Smith. O.M. 
Chancery
Howard County 
Indiana

J.E. Huth Com. P.O. 
Washington City
Page 48

Let: to Allen Latham, Chillicothe
22 Oct 1842
8H96
Page 49

Record Land Office
October 8th 1852

Sir: 

In reply to your letter of the 5th instant, I have to inform you that Va Continential Warrt No 1370, for 200 acres, does not appear to have been patented.  It has been satisfied by Survey No 708, made in the name of Wm & George Rich-ardson, as appears from the entry made on this Warrt, in our numerical abstract of Va Continental Warrts.  This information we have recd through the Office of the Surveyor of the "virginia Mil-itary district" Ohio, who will I presume great pleasure in giving you all the information in his possession relative to the location of ths Warrt, should you address [interposed:  him] upon the subject.  

Respectfully, 
Your Obt Servant
John Wilson  Commr

J.E. Heath, Esq. 
Commr of Pensions
Page 50

Relative to the case of John Proctor
Rev: 

Hon. J.E. Health 
Comr Pensions
Washington
City 

[vertical] 

Commissioner
Page 51

Surveyor's Offic, Va Mil Dist
Chillicothe Ohio Dec. 27, 1852

J.E. Heath, Esq. 

Sir.  Your letter of the 22 Oct., to Allen Latham, has lately been handed to me. 

In reply to your inquiry relating to John Proctor, I am unable to give you any more information than you had, from the Comr, which is, that his Warrant n. 1370 was located in the name of Wm. & Geo. Richardson in surby n. 768.  This survey was delivered to J. Obannion in July 1788, and of course Proctor's assignment of his warrant would accompany it. 

I presume this survey has been patented, and veryprobably by the State of Virginia. If so this assignment might be found on file at the Land Office in Richmond. 

Very respectfully, 
Your Obt svt., 
E.P. Kendrick
Page 52

Washington, July 27th, 1852

Suir. 

We herewith append a copy of a letter from the Hon. A.J. Harlan, of Marion, Indiana, requesting us to attend to a Revolutionary claim, now before the Pension Office.  

Very respectfully 
Evans & Frant

J.E. Heath, Esq
Comr of Pensions

Marion, Indiana
July 14th 1852

Gentl, 

Some time last Spring, John Proctor a Revolutionary soldier filed his application for a pension, since which time, no word has reached us from the Department.  The papers were made out at Goshen, Elkhart County, Indiana, in the presence of Judge Cham-berlain.  I respectfully request that you will take the trouble to call on the Department, and learn the situation
Page 53

of the case, also bring it up for final and favorable action.  George W. Smith Esq. has had the management of the case so far, and who has requested me to assist in the prosecution of the claim. 

Very truly 
(signed0 A.J. Harlan
Page 54

House of Pres
Aug 28th 1852/Evening 

Sir, 
Permit me to introduce to your notice the bearer, Mr. Geo. W. Smith of Indiana.  Mr. Smith visits your office with the additional evidence required by you in the matter of the application of John Proctor Sr. for for pension as a revolutionary soldier.  Neither Mr. Smith's business at home, nor his pecuniary circumstances will permit him to remain in the city more than two days.  May I ask of you to suspend in Mr. Proctor's case the usual office routine & permit it to be carried through to a decision within the time above mentioned?  
 By so doing you will confer a favor on
Respectfully yours
Graham N. Fitch

J.E. Heath Esq. 
Comr Pensions
Page 55

Winchester, Ia.  June 22d 1853

To the Commissioner of Pensions: 

Sir - My brother George W. Smith, of Howard County Ia.  now temporarily resident at Delphi, Carroll County, Ia. got the necessary paper made out for John Proctor a Revolutionary Soldier of Virginia, to entitle him to draw his pension and arrers under the Acts of Congress.  The proper examiniations and proofs were made in the Elkhart Circuit Court, in this State, Judge Chamberlin presiding, who expressed himself entirely satisfied with the right of the applicant to the pension; and I have no doubt that the papers were made in the the proper form required by the acts of Congress and the regulations of the Depart-men through I did not see the papers after they were made out.  

My brother went to Washington City with them last winter expecting to file them in the Pension Office and get the pension allowed.  But obstacles unaccountable to plain citizens induced him to leave them with Senator bright, who promised him to attend to the business at the office.  He informs my brother that when he came away he left the paper with Mr. Findley Bigger Register of the Treasury.  At this stage of the case my brother ap-plies to me to see if I can aid him any in procuring the applicant his rights under the law.
Page 56

I have written to Mr. Bigger to file the papers in your office if it is not already done.  When filed there you will please to examine the case and if any thing is wanting to entitle Mr. Proctor to his pension inform me of it, and if it can be done consistent with truth and the facts of the case the want shall be supplied.  If the facts of his case do not under the law entitle him to the pension he should not have it; but if they do he should; and as he is very old a delay of his rights will be tantamount to a denial of them.  

An opinion almost universally prevails, much to the scandal of the Government and the Public offices at Washington, that citizens business cannot be got to be attended to at the Government offi-ces, unless some of the numerous leaches at Washington City be employed to prosecute the claim & paid a round sum for it.  And the [galloping?] rumors say that the public officers themselves have to be well paid.  How much ground there may bave been for these scandals under whig administrations, I hope that democratic officers, by their correct and prompt action, will prove to the world that such aspersions are slan-ders as to them.  Hoping to hear from your soon, 
I am, very respectully, 
Your &c
Jer. Smith
Page 57

[Struck:  Crawford &]

Bryant & Moore
Sept 28
Page 58

Pension Office
Sept 28, 1857

Gentlemen. 

I have received your letter of the 17th instant, and take occasion to say that, as the Secretary of the Interior has recently decided that the allowance and payment of [interposed: pension] claims [struck: of] [struck: by] [interposed] of the children of Revolutionary soldiers, who were not pensioners, is not authorized by law, the claim of the son of John Proctor, deceased, of Indiana, under the act of June 7, 1832, is rejected. 



Messers Bryant & Moore
Crawfordsville, Indiana
Page 59

George W. Smith, Esq.
Shellsburg
Benton Co 
Iowa
Sept 9 1859
Page 60

Pension Office
Sept. 9 1857 

Sir:  

The pamphlet which accompanied your letter of the 27th, ultimo, has been filed with the other papers relative to the suspended claim for pension of John Proctor, now deceased, of Indiana, under the act of June 7, 1832. 

It is contrary to the rules of this office to review it even deliberate action in a case, without the introduction of new and material evidence, of which none has been recently filed in this case.  The proper remedy ofparties claimant in a case like this is an appeal to the Secretary of the Interior.

But, as John Proctor is now decd, and as the right of children to arrears of unpaid pensions is now a suspended question, before the Attorney general, for his opinion, no determinate action will be taken in this case, even by the department, until this question is decided.  

Geo. W. Smith, Esq. 
Shellsburg, 
Benton Co. Iowa
Page 61

SC Wilson 
Car Jno Y. Bryant
Aug 25, 1857
Page 62

Pension Office
August 25, 1857 

Sir: 

A memorandum relative to the claim of John Proctor, deceased, of Indiana, for a pension under the act of June 7, 1832, which accompanied your letter of the 8th instant, to the Hon. Secretary of War, has been referred to this office.   

This memorandum has been filed with the other papers in the case; but, as it is accompanied by no new evidence, and does not contain any suggestions which can influence the determination of the case, the claim remains suspended. 


S.C. Willson, Esq. 
Care of Jno Y. Bryant, Esq. 
Present
Page 63

Shellsburgh, Benton County, Iowa
July 15th, 1857

Hon. Com. Pension Office: 
Washington City, D.C. 

Dear Sir.  I send you today, one of my pamphlets *  "Incidents of travel"  which I desire you to look into that part of it containing the facts in relation to the pen-sion of John Proctor senior" commenc-ing on page 103, noticing particularly what I have marked with my pencil. 

I will make to your honor, a brief state-ment of my trouble with this case, and if it does not arouse up your sympathy as an honest, just and kind hearted man, I will be unhappily disappointed. 

I was induced in 1851 to go to Texas and hunt up this old vetteran, then 100 years old.  I found him with his daughter-in-law, a widow, a pias woman but poor, with a large family.  She had kept him six years in her widowhood, and how he was anxious to get back to his son John in Elkhart County Indiana.  I had known him for 30 years, but 

*Incidents of Travel not inclosed in this letter
Page 64

never knew but what he had got his pension for I never asked him.  

He had then but the one child living, and was destitute of property. - He told me then, that he had offered a man in Texas half of his pension, to get it for him, but he had done no good, being a drunk-en fellow.  I told him I would get it for him, and I indeed thought that there would be no trouble in getting it. 

My book that I send you, will give you a full and correct account of my sufferings with him, and of my disappointments, and mortification in his pension case, during the 2 last administrations. 

This son John is a sordid minded man, and would not give a dollar to assist in getting his pension, but I even had to pay back for a telegraph dispatch, and ten percent on money that I borrowed of him to go to Washington City [with this?]  I have spent about $200 in trying to get it, and am am now in a very cramped condition for the want of it.  When my book came out of press, a certain "Moore & Bryant" of Crawfordsville, Indiana, read my book, and went to the
Page 65

old man, and by some falshoods induced him to give them a power of attorney to get it, and have conspired with this same ungrateful son, to try to get it, and not let me get even my money back, that I have spent trying to get it for the old man during his life.  

Now I hope you are a just and well disposed man, and I think when you look over my book, and the papers that are on file in the pension office, and the additional affidavit that I herewith send you, you will be satisfied that the claim is just, and that as I was the only man that would psend a dollar for the old soldier while he weas a-live that I, and the widow daughter-in-law (Sarah Proctor of Bowie County, Texas) are the proper persons to have the first half of it and the other have to be given to his grandchildren. 

Please concider this matter well, and if you can concientiously grant the claim, (as I think you will) send the papers to me with insttructions on how to proceed. 

Please write me a letter any way, and let me know what you think of the case.
Page 66

The papers on file are mine, for I have paid out money for them, and it is not just for "Moore & Bryant" or any boddy else to draw money on them, but me, and the old man's heirs. 

I know the cause is just, and it is hard that I cannot get it.  - I am lately informed by a friend that in the life of Dr. Franklin, we have the same account given of the troops of Wayne, [sholing?] the walls at Stony Point  "just at day break," as the old man states.  and it is stated in the inclosed affidavit (see page 798 of my book)

This I think should satisfy any man, that he was in that battle. 

Please answer me soon and if you will not grant the claim, I will try a petition to Congress.  

Direct to your humble servant
George W. Smith
Shellsburgh 
Benton County
Iowa

Commissioner 
Pension Office
Washington City 
D.C.
Page 67

[Left]
Washington Aug 8/57

S.C. Willson

Enc:  papers in the case of Wm Burgridge for compensation for a horse in the War of 1812 - (e enclosed)

encloses also claim of John Proctor for a Pension (one enclosure)

Ind - died 1852
M5h - Aug: 11 - 1857 

3 Auditor 

Recd Aug 13th/57
W. Taylor
Clerk

[Right]
Claim for a pension
Rev.ry  ref first+
rcd to this Com
of Pensions
3 auditors office
Aug 13 1857 

Rob J Atkinson 
Auditor
Page 68

Washington  Aug 8 1857 
Gov Floyd
Scey of War

Dr Sir

I called this morning to hand you the enclosed papers in relation to two applications before the Pension Office:  the one the Case of Wm Burbridge for compensation for a horse lost while in the Service of the U.S. is clearly within the letter & meaning of the Acts of Congress. 

The other is the case of John Proctors Son whose father was a Revolutionary Soldier.  The only question in this case is one of Identity.  It strikes me very possibly upon [illegible]-sing the papers:  That the John Proctor Sergeant is proven to be the father of the applicant to a reasonable Certainty
Page 69

Messers Moore & Bryant who rep-resent this applicant are informed by a letter from the Department dated Dec 10 1855 that the claim must be established beyond a reason-able doubt.  Such I think is not the case.  Such rules of Evidence apply only in criminal cases - It should be such Evidence as would entitle one party to recover from another in a court of justice.  The Government proposes to pay persons who have performed certain Services, at certain times in Certain wars a pension:  a gratuity [obscured] & to entitle any Such person to Such compensation he must establish with reasonable [interposed:  certainty] that right.  This I think the claimant has done.  there is a strong probability in his favor, at the very outset & that is that there was not two persons of the same name
Page 70

in the same Regiment - If his name had been, Smith, Thompson, or Wilson, the presumption would not arise perhaps, but it is very improbable in the case of Proctor.  All the difficulty in the Case has grown out of the misfortune of Proctor in giving his business (in the Commencement) into the hands of one wholly incompe-tent.  I hope you will give these cases your early atten-tion & decision. 
Very Respectfully
Your Obt Srvt
S.C. Willson
Page 71

Crawfordsville, Inda
17. Sept 1857

Commissioner of Pensions
Sir, 
I learn that one G.W. Smith has been lately corresponding with the Dept in relation to the claim of John Proctor for Pension. 

It will be seen by a Power of Atty [interposed:  on file] given by Proctor to us subsequently to that made to Smith, that Smith's right to act in any capacity has ceased.  We therefore request & pray the Dept to hear him no longer as the Atty in this claim - 

Very Respy
Bryant & Moore
Page 72

State of Iowa         }
Blackhawk County }  S.S. 

Personally appeared before me, Samuel M. Knapp, an acting Justice of the Pece in and for said County of Iowa:  John Knapp, a citizen of said County, and being by me duly sworn, deposeth and says

That he was 66 years old on the 3rd day of April 1856.  That he was in the War of 1812, and held the 2d Lieutenant commission some time after that war was over.   That his father, Samuel Knapp and Jedadiah Smedby, Callaway, (called "Dick Smedly") were both in the Revolutionary War and he has often heard them tell of the battles of the Cowpens and Stony Point and their statements corresponds precisely with the statements given by John Proctor Senior (whose claim is now suspended with pension office) (see his life published by George W. Smith in 1855, pages 6,7, and 8.)  both with reguards to its being just at day break, that they scaled the wall, and their being no guns fired till about the close of the battle, and that the [unusual?] history of the United States, page 206 is ron as the old man Proctor has stated.
Page 73

[Form only]

State of Iowa
County of Black Hawk }  S.S. 

I, J.B. Severance, Clerk of the County Court in and for the said County, do hereby certify that Samuel [interposed:  M] Knapp whose name is affixed to the certificate of acknowledgment to which this is attached, was at the date thereof, to wit, the 11th day of August A.D. 1856 and acting Justice of the Peace, duly elected, qualified and commissioned; and as such, full faith and credit are and should be given to all his official acts, and I further certify that I am acquainted with his hand-writing and believe the above to be his signature. 

Witness my hand, with the seal of said Court hereto affixed at Waterloo in said county, this 20th day of August A.D. 1856
J.B. Severance, 
County Clerk.
Page 74

of these two old soldiers (Knapp and Smedly) often told in his hearing, the anacdotes of the killing of the old fat English man at Stony Point, and the running of the Americans on account of the falling of the oak limbs at Cowpens, and they told it precisely as this John Proctor tells it, which he thinks must certainly prove, that these three men, Samuel Knap, Jedadiah Smedly and John Proctor, was in these battles together or they could not make statements so precisely alike on these minute particulars of these battles, and that in opposition to the popular history. 

His father Samuel Knapp was not in the midst of the battle of Stony Point but was in hearing, and personall known to all [interposed: the facts] the 500 [interposed:  men] that was [found?] from Washingtons army did cross at a sand bar, and scaled the walls just at day break, as was stated by Proctor, and not at midnight as stated in the history. 

Sworn to, and subscribed in my office this 11th day of August, 1856.
Samual M. Knapp
J.P.
Page 75

I hereby certify (as under the act of my office) that I recollect of often hearing the old soldier Samuel Knapp (who was my grandfather) tell the same story of these battles and anacdotes, as is stated in this deposition.  S.M. Knapp J.P.
Page 76

Washington City 
June 4th 1856 

Sir: 

I enclose to you herewith, additional evidence in the suspended pension claim of John Proctor, for arrears of pension due his father of same name who was a Sergeant in the Revolutionary War.  

The evidence now submitted elucidates the point heretofore made by your office in this case, as to the omission to claim as Sergeant, and also to account for By: land received by Said Proctor.  

You will do me the favor to cause and early examination of this claim in connection with the proofs now submitted. 

Very Respectfully
Your obdt Servt
John Y. Bryant

Hon: 
J. Minot
Commr of Pensions.
Page 77

Crawfordsville Ind
22d Nov 1855

Dear Sir: 

Herewith please find a Power of Atty from John Proctor of Elkhart County, Indiana, authorizing us to settle his claim for a Revolutionary pension.  We desire information from the dept in regard to the present condition of his claim & what is required to complete the evidence in the case.  It appeared that his application was made out in 1852 by one George W. Smith as atty., and that he prepared the papers very imperfectly having stated that the old man was a Private when in fact he was a sergeant.  He afterwards mad an amendment to the declaration & mailed it with additional evidence, but since that, the claimant has never heard from the Dept.  It is possible the amendment never reached Washington and therefore is no on file.  If it is not, it can be easily shown that the blunder was altogether the fault of Smith & not the applicant.  Smith put the question whether he was a commissioned offier.  Proctor answered not, He thereupon represented him as a private.
Page 78

We also enclose you a letter from Mr. Proctor which we recd accompaning the Power of Atty, & which we request may be read in connection to the examination of his claim.  The Claimant is over one hundred years old & bears and excellent character, with all those who are ac-quainted with him, every one has implicit confidence in his integrity.  In his case we presume that it will be impossible to obtain evidence of identity from anyone who was living at the time he rendered the service in the Revy Army, but we hope that there are other kinds of evidence which can be procured that will be sufficient to prove his identity to the Commissioner; if so, will you please direct us what course to pursue

In consideration of the age of the applicant & the length of time his application has been on file, we respectfully ask for early information & instructions relative to this claim - 
Very Respy Yours
Moore & Bryant
Attys

Commr of Pensions
Washington City 
D.C.
Page 79

Bristol, Elkhart Co. Ind.  Nov 17th 1855

My Dear Sirs

Your Letter and power of attorney is before me and I intend to sign the power and send it to you as soon as I can, it is raining at this time and hdare not go to the notra publice in the rane, my health is poor and I am quite feable, now as to my Land warrant I believe I had one - and I think I traided it to two men by the name of Ritcha-son, and I was informed they Located it someware in the State of Ohio, but of theas things I cant be posative - it has bin a Long time a goe and my memory dos not mak it plain - and we were paid in Contineltal money wich was of no value we could not git a diner for fifty dollars of it - and supposing that things would never be any better tuck no care of my discharge or any thing els - and thinking I only done my duty in defending my Cuntry - I determined to maintain myself and done so until a five years pass I be Came afflicted and so enfeble that I have bin dependent on my son for support.  I alway wanted to support my-self and [balked?] to ask goverment to grant me a penshin and I have put it off so Long that my Comorrads are ded and gone and it is hard to identify me but I done the services.  if I never git a penshion and I would doe it a gane under the same circumstances if I was able to sholder my gun.
Page 80

If I had bin as sloe to goe to the war as the government is to grant my penshion it might of bin better for me in old age.  I meant you to know that I served as a Sargent the most of time say three years altho my papers was maid out for a common soldier by not knowing the difference it would make  we tried to amend the declaration by forwarding an affidavit to Washington to that effect but sill the Clame is not granted  all these papers has been filed at the penshion office but Mr. george W. smith has Mr. dickerson and other helping him and they may have some of them.  No more at this time. 

John Proctor sen
per John Proctor, Jr. 

To Bryant & Moore 

N.B.  I cold not git a Notary public to certifi the power of attorney and got a Justice of the peace and will git the Clerks certficate which will anser all purposes it is maled with this.  Let us heare from you soon  Your Truly  J.P.
Page 81

Washington D.C. 
Jan. 24 1854

Sir

Permit me to call your attention to the application sometime since made for a pension by John Proctor Sen.  I am urgently requested to ascertain wtih the least possible delay, what defect there is in the proceedings which has so long delayed the final action on the case. 

I am personally acquainted with the appli-cant, who is really a remarkable man. He is upwards of a hundred years old, is active and possess all his faculties to a very unusual degree.  No one who knows the old gentleman enteratins a shadow of doubt as to the fact of his rendering, faithfully, all the services for which he claims.  If there is any defect in the papers or the evidence of the case, please inform me precisely what is necessary, and if it can be supplied I should be happy to lend him every needed assistance in my power, in order that the little remainder of the old gentlemans days may be cheered by substantial evidence of the justice and gratitude of his Country.  

This is not a case of clamorous and
Page 82

unworthy heirs who would fill their bellies with the tribute, too often paid too late - to the glorious services and sacrifices of their ancestor.  The old man himself yet lives, one of the little remnant yet left, of that type of a better race, to whom the title demigods may be applied in no fictitious sense.  

I am informed that the last requirement of the Department, in perfecting his proof was, the names or some of his fellow soldiers, which might be found on records, who might further establish his identity.  I am furnished with several names for this purpose which as I am informed, make eleven when added to those already for-warded to the Department.  

May I without offense urge prompt action in this matter. 

Very respectfully
Your Obt Servt
E.M. Chamberlain

Hon L.B. Waldo 
Commissioner of Pension
Page 83

House of Reps [Crs?] 
July 22 1854

To [illegible] Waldo - 

Enclosed find the letter of Mr. Smith - I beg you to reply thereto as soon as possible - returning both the reply & the letter to me

I am very Resly
A.J. Voorhees
Page 84

O. W. and N. Division. 3-525
[illegible]
Rej.8496.
Rev.

DEPARTMENT OF THE INTERIOR,
Bureau of Pensions,
Washington, D. C.
In reply to your request for a statement of the military history
John Proctor Sr., a soldier of the REVOLUTIONARY WAR,
you will find below the desired information as contained in his [crossed out - his widow's]
application for pension on file in this Bureau.
DATES OF ENLISTMENT OR APPOINTMENT. Saugnier Co. Va.
LENGTH OF SERVICE. 3 yrs
RANK [illegible]
OFFICERS UNDER WHOM SERVICE WAS RENDERED
CAPTAIN. Robin Ashby
COLONEL Lt Col Elias Edmund
STATE Va
Battles engaged in, Porandegnine, Conpens, Stony Pt., 
Residence of soldier at enlistment, Faugnier Co., Va
Date of application for pension, Apl. 13, 1852
Residence at date of application, Washington [illegible] Elkhart Col, Ind.
Age at date of application, b. July 10, 1752 Stafford Co., Va.
Remarks:  Sol. died Jany 11, 1856 before completing his claim & there was no law under which surviving child John (b. 1793 in Kanawha Co. Va.) might recover pension money due his father.  Very respectfully,
only surv. Nathan John Jr. b 1793 in Kanawha Co, Va.  Son in law Jos. Hughes.
Page 85

O.W. & N.

Commissioner Bu. Pensions
Washington D.C. 
Dear Sir: 

Kindly in-form me if the names of Garland Carr and John Proctor appear on your pension roll of Rev. soldiers.  I think they both enlisted from Virginia. 

Allow me to thank you
Page 86

for the prompt atention given my last commu-nication to your office. 

Very Respectfully 
(Mrs.) Louise Allen Scott
(Request Richar Roy all chap (D.A.r.) 

McKinney Texas
Sept 15 - 1906
Page 87

Know all men by these Presents 
That I John Proctor Sr. of Bristol, Elkhart County, Indiana do hereby constitute and appoint Bryant and Moore of Crawfordsville, Montgomery County, Indiana my true and lawful attornies in fact for me and in my name to prosecute any and all claims I may have against the general Government at Washington City by virtue of services rendered by me as a soldier of the War of the Revolution, and to do any and all acts necessary for the Settlement of the same, as I would have to do were I present.  

In witness whereof I hereto set my hand & seal this the 19th day of November 1855
John Proctor 
his X mark 

Witness to signature
Samuel B Romain

(seal)

Signed, sealed 7 acknowledged by John Proctor Sr in my presence the day & year above written.  Witness whereof my hand & seal 
Lewis H. Sovereign
Justice of the Peace, 
[struck:  Notary Public]
Page 88

[back side of a document]
SOLD BY LUSE & BROTHER, PRINTERS, BOOK-BINDERS AND STATIONERS, LAFAYETTE, INDIANA.
State of Indiana, Elkhart County,
I, Owen Coffin Clerk of the Elkhorn Circuit Court, within and for said county and State, do hereby certify that Lewis H. Sovereign Esq. whose name appears to the within certificate of acknowledgment, was, at the date thereof, an acting Justice of the Peace in and for said county, duly commissioned and qualified, and that full faith and credit is due to all his official acts as such, and that his signature attached thereto is genuine, as I believe. 
Witness
Owen Coffin Clerk, and the seal of said court, at [illegible] this 19th day of November 1853
Owen Office [illegible]
Page 89

[illegible] 38.365 
John Proctor 
Indiana 
Act 7 June 1832 
Let to Hon G. N. Fitch 
and G. W. Smith July 27/52 

G. W. Smith 
Chancery 
[illegible]
Page 90

Elkhart County, Indiana April 13th 1852

To the Honorable Commissioner of the Pention Office, Washington City

Dear sir.  I was not able to be in Court do day, when my fathers papers were made out.  Had I not been so unwell do day, I woul dhave appeared in Court and testified in open Court as following.  

That I am the son of the said John Proctor Seignior  and am 59 years old, and I have seen William Willson and others that was acquainted with him in the army of the revolution, and have often heard them talk of the matter, and I am confident that if the said "William Willson and others" were now alive, they would testify in behalf of the old man. 

Yours truly
John Proctor, Jr.
Page 91

Chancery [illegible] Free G.W. Smith D.M.
Commissioner of the Pension office
Washington City D.C.
[left side] July 3 [illegible] Rel: to Case of Jno Proctor [illegible]
Page 92

Chauncey Ind. June 25th 1852

To the Honorable Commissioner of the Pension office.  Washington City D.C. 

Dear Sir: 

In the month of April last, the papers that the law requires were made out before Judge Chamberlin at Goshen in Elkhart County, Indiana on the claim of John Proctor, signior for a pension for his services in the war of the America Revolution. 

I mailed them at Chauncey, on the 20th of April, with a good strong wrapper and a plain direction to the "pension office" hopeing soon to have an answer, and to be enable to relieve the old mans wants. 

But I have heard not a syllable yet, from them, or you. - Last Mail I received a letter from the old man, (who himself cannot write) earnest-ly inquiring why we had not eard from the pension office.  

Please write to me immediately, and let me know if the papers, or your answer, has misscarried on the way, or if they reached your office safe; why they are not acted on.  His case is thought to be clear, and strong; and the venerable old man wishes not to be left long in sus pense.  Your humble servant
George W. Smith 
Commissioner of P. office
Page 93

Fredericksburg May 16th 1783

The bearer Sergt John procter who enlisted the 8th day of Feby 1779 for the term of three years having served the full term for which he engaged is hereby discharged. 
Given under my hand 
A. Buford Col.  11th V.R. 

A copy 
J pendleton Jr. 

Pay to the bearer the amount of my pay, from 1st day of January 1780 to the 6 day of Feby 1782 and all other accts that I am justly intitled to include the depreciation likewise.  

John Proctor
July 7th 1783
Witness Jno Hartly
To all whom it may concern 
(Copy b. Stark) 

[illegible] Department
Richmond V  sept 3 1852

The above are true copies of papers found in this department

Wm. H. Richardson, [Adj Com?]
Page 94

Council Chamber
July 12, 1783

I do certify that John Proctor is entitled to the proportion of land allowed a Sergeant of the Continental line for three years Service.  

Benjamin Harrison        Thomas Meriwether 

A warrant for 200 acres issued to John Proctor July 12th 1783  No 1370. 

A copy from the Records of the Virginia Land Office 

Teste, 

S.H. Parker Reg. L. Office
Page 95

George W. Smith 
Delphi 
Carroll County 
Indiana
Page 96

Bristol  march the 26 day 1853

George W. Smith  Dr sir I send you a few lines to let you know that I Am very unwell with the fever & age and I have fears of you Ever obtaining My penshion. now I want you to write to me immeadately on the recpt of this and Let me know what your prospects are and if they are not flattering with hopes of obtining it soon, I must git some one Else to attend to it  So that I may no what to depned upon.  John wrote to one Mr. Preston to assist you in the case  But he wrote back that he could not except I would revoke you power & then Impower him then he would press the case at once   now if you can do any thing more say so and Let know it soon for it must be attended soon by some one John health still remains poor - 

Give my respecks to all inquiring friends
I hope this will find you all well - 
Yours truly

John Proctor 
his X mark    senior
Page 97

Mr. george W. 
Smith
Delphi, Carrold
County Indiana
Page 98

Bristol may the 5 day 1853

My dear sir  I recvid your Letter of the 1st of April which informed me that you are doing the best you could with my penshion matter.  now I want to know what you have done since I saw you and the Reason why the Clame is not granted; there shorly is some good reason why it is not granted and I ought to kno it  you keep me in suspence not knowing What is the matter; do they want further testimony if so what is it they doe want  Let us be up and doeing while it is day  Least the night Come when no man can work now if you cannot get it before the next Congress sets I intend to git Judge Chamberland before whom the papers was maid out to assist in giting the Clame granted he is Elected to Congress; my health is better than it was when I wrote before  & John is some better too & I hope you are well & all the family  I doe not want to take the bisness from you but I want the money & need it but if government will not pay a Just Clame I can die with out it.  doe the best you can and Ill doe the same  farewell yours in hast 
John Proctor Senior 

to
George W. Smith
Page 99

Address 
F. Bigger
Reg. Office

Pension office } Virginia
Handed to me   } [illegible]
attention by J.D. Bright
Page 100

Delphi Ind  April 1st 1855
Hon J.D. Brigh

Dear Sir, 

I send you en-closed, a letter that last Mail brought me from the old mand proctor. 

You can see by it, how impatient the old soldier is, and how a certain Mr Preston, of Detroit, is trying to get the old man to take if from me, and give it to him.  I have been at a great deal of expense and the papers that are in the pension office, are all mine, for I procured them by my own cost, and labour. 

Now, I want you, if you can, see Mr. Waldo, the new Commissioner, and get him to exam-ine the papers, and I think that he will grant it.  But if you cannnot get it grant-ed right away; claim the papers as my property and secure them to our use, till the claim can be decided, and keep them out of the hand of Mr. Preston, or any one, that may in this way try to wrong me so. 

If you will write to me, a few lines, that I can show to the old man, it will keep him easy. 

If you have not time to attend to it please employ for me, the most suitable person in town, to attend to the case, and let them send all their communications to me, and I will pay them any reasonable charge. 

The claim I know is just, and I have strong hopes that we can soon get it, now that corrupt sit are all hunded out of office. 

Please let me hear from you soon. 

Yours 
George W. Smith
Page 101

The applicant does not now recol-lect concering the continental money that he received in pay, more than when they were dismissed; the pay master came round, and paid them off, in Continental money, and the Colonel gave them their discharge. 

Whether he gave any receipts for what he got or not, he can-not recollect, but if he did, he made his mark, for he never could write  his name.  All he recei-ved, was in his own person, and not by a third party. 

If We, old soldiers, had been as slow to fight your battles before you were born, as you are now to grant us our rights; where woul your liberty be.  

John Proctor Sen
his X mark

Signed in the presence of us : this 20th of August A.D. 1852

John Proctor, Jun. 
George W. Smith 

I have now got all that your annexed report requires, and I truly hope that their will be no longer delay, but tha this papers will be sent, granting him all that is now his due, according to law.  He needs it now while his is alive, more than after he is dead
George W. Smith.
Page 102

John Proctor, aged one hundred years, resited of Elkhart County Indiana, made application in April 1852 for the benefit of the Pension Act of 1832, for three years service rendered in the Va Continental Line in the Revolutionary War - George W. Smith Atty - The claim was suspended for proof of identity.  Commissioner at first instructed that if none of his comrads were living, & established the fact of his having been a Revolutionary Soldier by general reputation.  None of his Comrads being alive, Smith obtained six affidavits from pserson who had known him 31 & 40 years & while he was living in Va.  Some of these affiants were sons of Revolutionary Pensioners, their fathers having been soldiers of the Revolution & [word struck] the affiants testified that they had often heard their fathers & John Proctor the claimant talking over their experiences in the War that they claimed to have served together.
Page 103

And that the Affiants never heard their fathers or any one else doubt or call in question the fact of Proctor being a soldier for 3 years in the Va Continential Line, but to the contrary, they had often heard their fathers declare that John Proctor did serve & that they had served their time together.  The objection was then urged, that a John Proctor of the Va Continental Line, who had served three years serves as Sergeant, not as a private, as the present applicant claimed, that the present applicant said nothing of receiving his deprec-iation pay (or his being paid off in old scrip) which the Serveant John Proctor on the Rolls had received; nor of getting a Land Warrant for 200 acres from the state of Va which the Sergt had also received.  These the Commiss-ioner alleged were singular omissions on the application of John Proctor.  
An attempt to mend the original
Page 104

Declaration was then made by Affidavit before a Notary of the applicant.  Setting forth & declaring that he did serve as Sergeant, but knew not that it was necessary to state it when he was making his application, That he was paid off in worthless Scrip.  That he did receive a Land Warrant from Va for 200 acres for his services, That he sold said warrant to two brothers named Richardson, who laid or located in Ohio. 

This amendment was forwarded to the Dept, but as no letter acknowledging the receipt of it was ever received, it may not possibly be on file, but has shown to have been made & forwarded by subsequent affidavits taken in the case.  In the fall of 1855 John Proctor gave a Power of Atty to Bryant & Moore of Montgomery Co. Ind. to prosecute his claim for pension.  They
Page 105

were informed that the errors in the claim's Declaration would have to be explained before the claim would be allowed.  They thereupon procured more than a dozen affidavits to establish the following facts - 1st.  That John Proctor was reputed to be by all that knew him a revolutionary Soldier without any one calling the fact in question, many of the affiants having known him for fifty years & more.  2d That he was altogether illiterate & could not have known what particularity of statement would be required in making an application for Pension  3d  That he was put down as a Private by Smith his atty, when he answered that he had never been a Commissioned officer.  That Proctor did not observe the error whe the [interposed:  declaration] was read over to him, having as he did all confidence in Smith's ability to attend to the business properly  4th That said Smith was an ignorant man
Page 106

and without any experience in business of this character & wholly unfit to do what he had undertaken, that by being connected with the [struck: Smith] Proctor family he had influenced the old man to allow him to act as his atty, representing that he could do it as well as any one & did by these misrepresentations obtain leave to act in his behalf.  That Smith was no Lawyer nor pretended to be but some kind of a preacher.  That he was an officious fellow & calculated to impose upon such a man as the claimant  5 That said claimiant had always sus-tained a good character as a man of truth.  That he was an exemplary professor of religion.  That none of the Affiants ever heard any one doubt or question in any way the justice of the old man's claim for pension or that he had served as she had declared three years in the revolutionary war.  6th That the affiant had often heard him in conversation claim to have served as a
Page 107

sergeant, in conversation both before and after [struck: the] making [struck:  of] his application for Pension, and also at like times they heard him declare that he had never got any thing for his service but worthless scrip, one hundred dollars of which would not buy a dinner & a Land warrant which he sold for a Horse.  that all the Affiants believed that his [struck: the] failure to obtain a pension was owing altogether to Smith's ignorance & incompetency.  That the character of all these affiants for truth was supported by the Certificate of the Justice of the Peace before whom they made the affidavits; they also all declared that they had no interest whatever in the claim. 

All these affidavits were duly filed in the Pension Office but were regarded as insufficient to remove the objections.  

John Proctor the Soldier died only in the year 1856.  His son & only
Page 108

living heir, John Proctor of Elkhart Co. Inda in Mary 1856 made application for arrears of pension due his father in behalf of himself & supported his claim of relationship with the necessary proofs.  John Proctor, Son of decd Jno. states in his Delcaration the names of several men who were citizens of Va & Revolutionary Pensioners who served with his father.  That these men he himself knew to be pensioners, That his father & they claimed to have served together if not all in the same Company, all in the same body of Troops,  Would it not be strong evidence of identity of John Proctor, if the company or Regiment in which [struck:  he served] these named pensioners served, were refered to & the name of John Proctor found?  Another circumstance is mentioned in the Son's Declaration which might also assist in idetnifying him with the John Proctor of the Rolls, namely, he has oten heard his father say, that as he could not write & his duties
Page 109

as sergeant required he should keep an account, he always got a comrad & messmate (giving the name of the name in his declaration) to do all his writing for him as a Sergeant.  Now if the Receipts of this named friend of Proctor's for his pay & bounty Land were examined & corresponded with the hand writign of John Proctor Sergeant would that not afford sufficient evidence of identity?  John Proctor, Son, also gives the reason in his declaration why his father did not apply at an earlier day for his pension.  His Father in early life had been in good circumstances & did not believ it would be right for thim to take a pension then, but in later life, he lost his property, and on that account was induced to claim a pension which he then needed.  


[marginal note:  W156 Aug 1854]
Page 110

I hereby certify that I am personally acquainted with Elihu Jones and know him to be a respectable citizen of Kosciusko County State of Indiana
John G. Woods (seal) 
Justice of the Peace


State of Indiana  }
Kosciusko County }

I Samuel H. chipman clerk of the Kosciusko Circuit Court within & for the County of Kosciusko in the State of Indiana do hereby Certify that John G. Woods whose name appears to the above acknolwedgment & affidavit was taken was at the date thereof an acting Justice of the Peace of said County duly elected Commissioned and Qualified according to law; That his acts as [Such?] in the annexed instrument were within the Scope of his legal authority; that his signature that I am well acquainted with & believe the same to be given. 

Witness my hand and the Seal of said Court [illegible] this 23d day of August 1852
Samuel H. Chapman Clerk

State of Indiana
Elkhart County  }  S   August 21 1852
Before me Thomas Wheeler an acting justice of the peace in Said county, personally appeared John Proctor Jun. who being by me duly sworn, deposeth and saith
That he is a son of John Proctor Sen. That he was born in Kanhawa County Virginis in the year 1797, according to the family record - that he lived in said County in Virginia near to his father till after he was married.  That he recollects well seeing many of the old soldiers that was with his father in the revolutionary war such as Thomas Hudnal, Edward Riley
Page 111

(step father to the said applicant, John Proctor sen) Dr. Foster, NC. and he has often heard them talk and knows that it was always a noted fact with all these old men, that they were in the army together, and had all been in the Virginia line of the Conti-nenal troops, that from the earliest of his recollection, till now, it has all ways been a noted fact, and not denied by any one that know him, that he, the said John Proctor sen. was in the revolution war and he further states, that he never knew, or heard of any other John Proctor that ever served with the Virginia troops, and that fro mall these facts it is evident that he the said John Proctor sen. who now lives with him in Elkhart County Indiana, is the very identical John Proctor, who served in the Virginia Conti-nental line in the Revolution war  And further, this deponent saith not. 
John Proctor, Jr. 

Subscribed and sworn before this 21s day of August 1852
Thomas Wheeler (seal)
Justice of the Peace
Page 112

Kosciusko County State of Indiana.  
Before me a Justice of the peace Personally appeared Elihu Jones who being by me duly sworn deposeth and saith, that he was born in the State of Virginia, Kanhawaa County, and is now forty six years old, that he was personally acquainted with John Proctor Sr who owned a mill in Kanhawa county Virginia about thirty five years ago, that from his earliest recollection he has heard the said John Procor Sr. spoken of as a revolutionary Soldier; - That his father Thos. Jones was also a neighbor to the Said John Proctor Sr. - and the said deponent doth further say that [word struck] it was generally reported and fully believed by by all those old man neighbors to the said Jon Proctor that the said John Proctor was a soldier in the revolutionary war; and said deponent further saith he never knew, or heard of any other John Proctor in the said State or county That from the above facts he verily believes that the said John Proctor Sr (now a resident of Elkhart County [interposed:  Indiana) is the very and identcal John Proctor, who served in the Virginia conti-nental line, in the revolutionary war and that the said John Proctor was always reputed to be a man of truth and honesty.  Further deponent saith not. 
Sworn to and subscribed this 18th day of August 1852
Elihu Jone

Sworn to before me
This 18th August 1852
John G. Woods (seal) 
Justice of the Peace
Page 113

State of Indiana, Miami County  S.S. 
Before me David C. Jenkins, an acting Justice of the Peace in, and for said County, personall appeare Ramoth G. Proctor, who being by me duly sworn according to law, Deposeth and saith, 

That he, the said Raymoth G. Proctor is a grand son of John Proctor Sen, the within named applicant for a pension, that he was borh in the said John Proctor's {interposed:  snr] house in Kanhawa County Virginia, in the year 1811 (according to the famiy records) and that he recol-lects of [struck: hearing] seeing the said John Proctor's step father -- Riley and Dr. Foster (neither of whose Christian names are now recollected) and other revolution soldiers, and that he has often heard them talk of the Revolutionary War, and that from the earlest of his recollection till now, it has always been a noted fact and not disputed to his knowledge that the said John Proctor senr was a Revolutionary Soldier and served in the Virginia Continental line. - that so noted was the fact that when he was baptised by Elder John L. Jone in 1836, it was spoken of by the congregation, and a notice appeared in the public prints (the Millenial Harbin-ger, New series, vol. 1st No 1st, 1837 page 41 and 42)  and that he never heard of any other John Proctor who served in the Revolution war, and the verrily believes that he is the very identical  John Proctor who served in the Conti-
Page 114

nintal line of the Virginia troops - and that the said John proctor snr has alway been reputed to be a man of truth and honest and that he has often heard him say that he did not need a pension, and would not call for one while he could do without it. 

R.G. Proctor 

Subscribed and Sowrn to this 14th day of August 1852 by me 
David C. Jennkins (seal)
Justice of the peace

Also Hannah Proctor, who being by me duly sworn deposeth and saith    that she has known the above named John Proctor senr. for 20 years, and that she was knowing to his baptism in 1836 and that the statements in the forgoing affidavit of Raymoth G. Proctor is strictly true, so far as her knowledge extends.  having often heard the said John Proc-tor senr and other revolutionary soldiers talk of the war, and of the battles they they were in. 
Hannah Proctor

Subscribed and Swort to this 14th day of August 1852 by me 
David C Jenkins (seal)
Justice of the Peace

Also, George W. Smith who being duly Sworn deposeth and says that he has known the Said John Proctor Sr for thirty years and that he has always heard him spoken of as a revilution Soldier and that he has inlisted when young in the Virginia Continential line
Page 115

and that he has often heard him and others talk of the battles he was in to wit the Battles of Brandwine Cowpens and Stony Point and that it was not denied by those who knew him that he served three years in the revilation war and that he was resident of Virginia and had Served in the Virginia continential line that he Saw him baptised in the year 1836 in Randolph County Indiana with an-other revilution Soldier (John Barnes) and that it was a public talk that two reviliation Soldiers was baptised the same day that he has always been reputed as a man of truth and Honesty and that he veryly Believes that the said John Proctor as who now applys for a pension is the very Identicle John Proctor who served in the continential line of the Virginia troops. 
George W. Smith 

Subscribed and Sworn to this 14th day of August 1852 by me 
David C. Jenkins
Justice of the Peace

And also Nancy Smith who being by me Sworn deposeth and says that She has known the said John Proctor Sr for near twenty years that she was present at his baptism in the year 1836 and has always heard him spoken of as an old Virginia revolution Soldier has often heard him and others talk of the Battles he was in that She has heard him talk of being one of General Waynes Chosen men to storm Stony Point and that she has never heard it disputed of his being a soldier of the Revil-ution War and that she has heard him Boast of his comrades the Virginia Soldiers and that he has always been reputed as a man of truth
Page 116

and Honesty and that She does not Believe that he would ever have applyed for a pension had not old age disable him from Work and that She veryly believes him to be the Identicle John Proctor Who Served in the Virginia Continential line in the revilution War
Nancy Smith 

Subscribed and sworn to this 14th day of August 1852 by me 
David C Jenkins (seal)
Justice of the Peace

State of Indiana Miami County SS
This is to certify that the foregoing named affiants are well known to me and are all good respectible citizens and that I am not in any way interested in the matter whatever. 

Witness my hand and Seal this 14th day of August 1852  David C Jenkins (Seal)
[last line covered]


[Form]
State of Indiana, Miami County, ss. 
I Jambes B. Fulwiler Clerk of the Miami Circuit Court of the State of Indiana do certify that David C Jenkins was at the date aforesaid and now is an acting Justice of the Peace within and for said County of Miami duly commissionerd and qualifed as such; that he is duly authorized by the laws of said State to take the acknowledgment of Deeds and other instruments of writing, &c., &c., that his acts as shown in the annexed instrument are withint the scope of his legal authority; that his signature thereto is genuine, and that to all his official acts full faith & credit are due and of right ought to be given. 

In testimony Whereof, I hereunto subscribe my name and affix the seal of said Court, at Peru in said County, this 16th day of August 1852. 
James B. Fulwiler, Clerk
Page 117

[same as previous page]