Revolutionary War Pension and Bounty Land Warrant Application File R. 4793, John Hays, S.C.
Page 1

Service: SC
Hays, John
Martha
Number: R.4793
Contents
Page 2

No 1  No 14.423
Martha Hays [de?]
wife of John
Georgia
Act 7 July 1838

Let. H Lumpkin Oct 27/57.
Page 3

State of Georgia
Talbot County

On this the 26th day of June 1851 
personally appeared in open 
Court Jacob Carreker Administrator on the 
estate of Martha Hays deceased of said County, 
a resident of said County & State aged sixty years 
who being duly sworn according to the law doth on 
his oath make the following statements: That in 
the year 1821 he became acquainted with John 
Hayes and his family, formerly residents of Darlington 
District State of South Carolina, but 
at that time were residents of Twiggs County 
State of Georgia that on the 7th day of November 
of that year (1821) he was married to his wife 
Nancy the reputed daughter of the above said 
John & Martha Hays, that he was personally 
and intimately acquainted with the said John 
and Martha Hays from that time to the period 
in the month of August or near that time 
in the year 1822 in the of County of Triggs State
of Georgia leaving his said wife Martha Hays
until the day of her death That the said Martha
Hays immediately after her husbands death removed
to deponents house in Lawrence County State of
Georgia and moved from thence with him to
Talbot County Georgia and lived with him until
her death which occured on the 20th day of  July
1846,  Deponent has always [?????] his first acquaintance
with the said John Hays that he was a Revolutionary
soldier and rendered important and faithful
service to his Country in the war of the Revolution
and deponent has often heard the said John Hays
speak of his services in said war that he was an
enlisted soldier from Darlington district South
Carolina and served as a private soldier of the
Page 4

Cavalry and has often heard him speak of his 
officers the Same he thinks named by the witness Clement 
Clements in his answers to the Interrogations ascribed to him 
and which have been preserved and hereto annexed but deponant 
does not recollect the particulars of said service as narrated 
by him the said John Hays. That he always understood 
that the said John & Martha Hays were legally 
married about the year 1753 in Darlington District 
South Carolina that the deponants wife Nancy Hays 
was born in the year 1788 and was the fourth child of
the said John & Martha Hays and deponant is of the 
opinion that the family record (bible of the said 
John Hays which contains the names & ages of the children 
is or was in possession of John G. Hays who resides 
in Choctaw County State of Mississippi. That he can 
testify to the identity, widowhood & death of the said Martha 
Hays that she was the identical Martha Hays 
who drew a lot of land in the Lottery of 1827 in 
the State of Georgia on account of the Revolutionary 
Services of her deceased husband John Hays which 
was afterwards returned to the governor on information of William N Dupree as being a fraudulent draw but the said Martha 
Hays in due time proved satisfactorily that she was the widow of a 
Revolutionary Soldier in good faith and retained the land 
that deponant makes these statements in order to obtain the 
Pension which was due how the said Martha Hays at the time of her death under an act of Congress passed July 7th, 1838, entitled an Act granting half pay & pensions of certain widows & the several supplementary acts thereto that she never applyed for said Pension that he has documentary evidence in support of his statements knows of  no person living by whom he could know said services by

Sworn to and submitted the day
& date above written
Jacob Carrek [????]
Henry Jones I.J.C.
J N Carter, I. J. C.
G C Lennard I J C
Page 5

State of Georgia
Talbot County

We the undersigned Justices of
Inferior Court in an for said
County do hereby certify that Jacob Carreker
who has sworn to the foregoing statement is
a credible person and those statements are entitled
to the fullest credit.

Given under our hands
and private seals this the 26th day of June
1851

Henry John J.IC.  L. S.
J N Carter J.IC.  L. S.
James C. Lennard J.IC.  L. S.

State of Georgia
Talbot County

I George N. Forbes Clerk of the
Inferior Court in and for said County
do certify that Henry Jones, J. N. Carter and
James C. Lennard whose names appear to
the foregoing declaration and certificate are acting
Justice of the Inferior Court of said County
and that the signature purporting to be theirs
are genuine.

Given under my hand and 
seal of office at Talbot[???] this the
2nd day of July A. D. 1851.

Geo N Forbes Clerk
Page 6

No. 14.423

Martha Hays
decd wife of John
Ga

Act. 7th July 1838

Th: Lumpkin. Oct 27 1857
Same - Mch. 24/52
Let. of H. H. Stuart Dec 22/52
" T. Lumpkin 4 Feb 1853

[*4793*]
Page 7

His Excellency John Foreyth
Governor SC on the Information
of William N. Dupree
vs
Martha Hays widow & c

In Talbot Superior
Court.
September Term 1828.

I George N Forbes Clerk of the Superior Court for
said county do hereby certify that the above stated
case was tried at the September Term 1829 of said 
court, and that it was proven to the satisfaction of
the Court and jury that the husband of Martha
Hays served his country in the state of South Carolina
in the war of the Revolution, and the said
suit, which was on account of land drawn by
her as the widow of a Revolutionary soldier, was
decided in her favor, as fully appears from
the records of my office.

I also certify that Jehue
N. Carter whose genuine signature appears to the
foregoing statements of Jacob Caraker is an acting
Justice of the Inferior Court of said County duly qualified
and Commissioned as such.

In witness whereof I
have hereunto set my hand and the seal
of said Court at Talbothan this 10 day
of March A. D. 1852.

Geo. N. Forbes Clerk
Page 8

July 16 '51

I herewith
enclose declaration
[???]e of Jacob Carreker,
admin of my
Martha Hays
widow of John Hays
Ga [???] Aug 7th
July, 1838, and
evidence of service
I truly this case
may "[????] Martha."

Very [?????]
Th Lumpkin

Hon J E Heath
Commr of Pension
Page 9

Dahlanger  
July 9th 1851
Thomas Lumpkin Esqr

Dear Sir

Enclosed you
will find Jacob Caraker Declaration
as Admitd on the estate of Martha
Hays record for a pension due her
as the widow of a Revolutionary Soldier
and a bundle of papers from Talbot
County Superior Court by refering to
them you will see proof enough
I judge to get the pension allowed
I wish you before you file the declaration
& proof to examine them and
see if they all stand right you
will see an orrigonal declaration
of Carrackews with a letter certificate
of the Court thou I could
get I send it thinking that you
might use it to advantage in
getting the case through

Should the
papers & declaration not be right
make out a suitable and & formal
to me & I will have it signed
up

The [????] case will be
on before long

Yours in [????]
W. M. Varnum
Page 10

Washington, D. C.
Dec. 11th, 1852

Sir:

I have the honor to state that
the heirs of Martha Hays, of Ga
widow of John, Act 7th July 1838
believing that they are justly entitled
to the benefits of said law, having
complied with the requirements of the
same even to the proof of the [????????]
which is objected to as not ample
by the Commr of Pensions have
instructed me to appear upon this
case, and on that ground alon
viz. identity I make ussue with
the Dept and ask your favorable
[decision] consideration thereof on
the grounds that the case is just and
ought to be allowed  I have the honor to be
very ruly
Th Lumpkin
Hon. A. H. H. Stuart
Secy of the Interior Dept.
Page 11

State of Georgia
Talbot County

On this 22d day of October 1846 personally appeared
in open court Jacob Carreker a resident of said County and
State aged fifty-six years past who being first duly sworn according 
to law doth on his oath make the following statements.
That in the year 1821, he became acquainted with John Hays
and his family formerly residents of Darlington District State
of South Carolina but at that time were residents of Twiggs
County State of Georgia that on the 7th of November of said year
(1821) he was married to his wife Nancy the reputed Daughter
of the afresaid John and Martha Hays, that he was personally
and intimately acquainted with the said John and Martha
Hays from that time to the period of their death.  That the said 
John Hays died in the month of August or near that time
in the year 1822 in the County of Twiggs State of Georgia, leaving
his said wife Martha Hays his widow, and that she remained a
widow till the period of her death.  That the said Martha
Hays immediately after the death of her said husband John
Hays removed to the deponents House in Laurens County State of
Georgia and from thence with him to Talbot County State 
of Georgia and lived with him till her death; that she died
on the 20th day of July in the year 1846 leaving four surviving
children (viz) Elias Hays who now resides in the County of
Laurens State of Georgia, James Hays who now resides in the 
County of  State of Mississippi, Daniel Hays who
now resides in the County of  State of Mississippi and
John G. Hays who now resides in the County of Choctaw
State of Mississippi.  Deponent has always understood that the
said John Hays was a Revolutionary soldier and rendered important and faithful servcies to his County in the war of the Revolution and deponent has often heard the said John Hays speak of his services, that he was an enlisted soldier from the District of Darlington State of South Carolina and served as a private soldier of the Calvary and has often heard him speak of his Officers, the same he thinks
Page 12

named by the witness Mr. Clement Clements in his answers to the
Intrg exhibited to him, and which have been preserved and hereto
ammended, but deponent does not recollect the particulars of said service
as narrated by the said John Hays.  That he has always understood
that the said John and Martha Hays were legally married about 
the year 1782 in Darlington District State of South Carolina that
deponents wife Nancy was born in the year 1788 and was the fourth
child of the said John and Martha Hays, and deponent things
that the old and original Family Registry of the said John Hays
which contains the ages of all his children is yet in existence, in
the possession of his son John G. Jays who now resides in the 
County of Choctaw State of Mississippi and which will be obtained
in a few weeks.  That he can testify to the identity widowhood
and death of the said Martha Hays, that she was the
identical Martha Hays who drew a Lot of land in the Lottery of
 in the State of Georgia on account of thie Revolutionary
services of her deceased husband John Hays, which was afterwards
returned to the Governor on information of Willian N. Dupree as being
a fraudulent draw, but the said Marta Hays in due time provided
satisfactorily that she was the widow of a Revolutionary Soldier in 
good faith and retained her Land; that depondent makes
theses statements in order to obtain the pension which was due the
said Martha Hays at the time of her death under an act of 
Congress passed July 7th 1838, entitled an "Act Granting half
pay and Pension to certain widows" and the several acts
supplementary thereto; and which pensions she died without ever
making application for or receiving that the has no documentary evidence
in support of his statements, and knows of no person now
living by whom he could make any proof that would aid in the
investigation of this claim.
Jacob Carreken

Sworn to and subscribed in open court
in the day and first above written.  The court do
further certify that the affiant Mr. Jacob Carreker
is an intelligent and credible witness
J C Lennard J.I.C.
T M Bledsoe J.I. C.
Z. B. Trice J.I.C.
Page 13

State of Georgia
Talbot County

It is hereby certified that the following facts have been
fully and satisfactorily proved in said Court on this the 22d day of October
1846, namely, that John Hays who it is said was a private enlisted
soldier of the Cavoldry of Darlington District State of South
Carolina and served in the time of during the war of the Revolution
died in the month of August or near that time in the eyar 1822,
in the County of Twiggs, State of Georgia.  That the said John
Hays left a widow Martha Hays who died on the 20th day of
July 1846, leaving four surviving children (viz) Elias Hays
who now resides in the county of Laurens State of Georgia
James Hays who now resides in the county of
State of Mississippi.  Daniel Hays who now resides in the County 
of  State of Mississippi and John G Hays who
now resides in the County of Choctow State of Mississippi for the
purpose of obtaining the pension to which the said Martha Hays
was entitled at the time of her death under an act of Congress
passed July 7th 1838, entitled and "Act Granting half pay and
pensions to certain widows, an account of her deceased husband
the aforesaid John Hays services in the war of the Revolution.
Fest
G. A. Douglass C. I. C.
[*no 2*]

F. W. Bledsoe J.I.C
James C. Lennard J. I. C.
Z. B. Trice J. I. C.
Page 14

Ransone Monroe
Ranson R R R
Ransone R R Ransone
R R R Ranson
Ransone Ransone
Ransone
B Ranson [??????]
Monroe
[?????] [?????] [?????]

purpose of obtaining the pension to which the said Martha Hays
was entitled at the time of her death under an act of Congress
passed July 7th 1838, entitled and "Act Granting half pay and
pensions to certain widows, an account of her deceased husband
the aforesaid John Hays services in the war of the Revolution.
Fest
G. A. Douglass C. I. C.
[*no 2*]

F. W. Bledsoe J.I.C
James C. Lennard J. I. C.
Z. B. Trice J. I. C.
Page 15

Department of the Interior
Washington February 3d 1853

Sir

I have examined the case of Martha 
Hays decd an applicant for a pension under
the Act of July 7th 1838 and have affirmed
your decision therein of which you will please
advise [??] Lumpkin the claimants attorney

I am very Respectfully
Your Obedient Servant
Alex H. H. Stuart
Secretary

James E. Heath, Wsq
Commissioner
of Pensions
Page 16

No 3
Martha Hayes
wid John
Georgia
'38

Triplett

T Lumpkin
Page 17

State of Georgia
Talbot County
ss

On this tenth day of March 1852
before me Jehu N. Carter a Justice of the Inferior
Court in and for said county, personally appeared
Jacob Caraker, Administrator on the Estate of
Martha Hays and after being duly sworn according
to law, states that he became acquainted with
John Hays & Martha Hays in the year 1821 in
Twiggs County Georgia that they were then living
together in peace and harmony and enjoying the
entire respect of all who knew them: that the said
John Hays died in August 1822, leaving the
said Martha Hays a widow that said widow
about the year 1826 game in her chances in the
Georgia Land Lotery,  as the widow of a Revolutionary
Solider, and drew a lot of land; that said lot
wsa a valuable one; that the Legislature of Georgia
made a law forfeiting any lot that was fraudently
drawn, and giving one half of the avails of such
lot to the informant that one Willam N. Dupree
undertook to show that said Martha Hays had fraudulently
drawn said lot of land and commenced a suit
against her in the Superior court of Talbot County
that it then devolved upon said Martha Hays to prove
before said Court that she was a lawful widow
of a Revolutionary Soldier; that a short time before
the Court came on at which the trial was to be
Page 18

had, he the said Jacob Caraker, and his brother in-law
John G. Hays, went into the state of South
Carolina, into the neighborhood in which the said
John Hays lived in time of the Revolutionary War,
and where he married his wife the said Martha Hays
that they succeeded in finding two men, who had
served with the said John Hays in said war,
on, (whose name is now forgotten) living on Black
Creek in said State, and one Clement Clements
at that time very old and residing at Columbia in
said state that these two men stated that they well
knew the said John Hays, that they had served
with him and messed with him during a considerable
portion of said war, that they were well
satisfied that the said John & Martha Hays were
legally married soon after the close of said war
that they lived peacably together as husband & wife
until they removed to the state Georgia; that the
testimony of these two witnesses was presented
to the Court at the trial of the above named suit
but that said testimony has been lost in the
Clerks Office and after diligent search cannot be
found: that the proof made by said witnesses,
together with the proof made by Soloman Wright
and William [????] (which has been furnished the
Commissioner of Pensions accompanying the declaration
was satisfactory to the Court and Jury on the 
trial, and that said suit was decided in
Page 19

favor of said Martha Hays.  He the said
Caraker further states, that the proof that his
said brother in law and himself got in South Carolina
and all the general information that they could
obtain from those who had known the said
John and Martha Hays, showed conclusively that
the said John Hays was a faithful soldier in
the Revolutionary War in the state of South Carolina
on the Whig side, and that he and the said Martha
were legally married about the close of said war
or in the year 1782 in Darlington District of said
State; that there were no license obtained or County
record kept of said marraige as the law of said
state did not require it: that the Bible or family
record kept by the said John & Martha Hays was
when deponant lasw saw it in possession of
John G. Hays, who now, if alive, is somewhere in
the State of Misissippi: his county or post office not
know to deponant who has made an effort to
get said Record but without success, he further states
the he knows of no person now living who can
testify to the marriage as stated above, he therefore
desires that a certificate of pension be issued upon
the proof now on file in the Pension Office, and this
supplemental declaration
Jacob Carreker
Page 20

I certify that I well know Jacob Caraker who has
made the foregoing supplemental declaration, that
he is a highly respectable citizen of our county whose
statements are entitled to full credit

Jehu N. Carter, I.J.C.
Page 21

Georgia Talbot County

The Govenor on the Information
of William N. Dupree

Case in Talbot
Superior Court

Martha Hays widow & C

I George N. Forbes Clerk 
of the Superior Court for said County [that] do
certify that the interrogatories hereto attached
are original papers of file in my offic, and
that they were read on the trial of the above stated
cause and that the defendant succeed in the
suit.

Geo N. Forbes Clk
Page 22

John H. Kilgore Esq
Monroe
Walton county
Georgia
Page 23

Comptroller Genl's Office
Columbia So. Ca. November 10th, 1846.

Book M
Indent 245
Issued the first October 1784 to Mr. John
Hays late private in Burn's troop W Hampton's
Regt Sumer's Brigade state troops for 
Ninety four pounds sterling being amount
pay and bounty due him for servcies in
that  troop together with Interest thereon
from 1st April 1782 to date hereof agreeable
to resolution of general assembly eleventh
March last
[????] L94:0:0D Int L6:11D
[*The ???, from which this was
issued, is lost*]

Book M
Indent 601
Issued 1st October 1784 to Mr. John Hayes
late private in N. Martin's troop Polk's
Regt Sumter's brigade state troops for Ninety
four pounds sterling amount pay & bounty
due him for services in that troop with interest
thereon from 1st April 1782 to date
hereof agreeable to resolution of general
assembly Eleventh March last.
[????] L94:0:0D Int L6:11:7d
[*The ???, from which this was
issued, is lost*]

I certify the above to be a true copy from the Records in
this office
For Comptroller Genl
J Aug Black

(over)
Page 24

Comptroller Genl's Office
Columbia So. Ca. November 10th 1846

Book V
Indent 535

Issued the 19th August 1785 to
for the Estate of Mr. John Hay for Nine
pounds 6 S 8 D sterling for pay & subsistence
due him in the 3rd Continental Regiment in 1779
& 1780 as pr account audited
[????] L9: 6: 8D Aml int. L0:13:0D
[*The [???] from which
this was issued, is lost.*]

I certify the above to be a true copy from the Records in
this office

For Comptroller Genl
J Aug Black

Mr. Kilgore will see that I have separated the above from the
Indents on 1st page as this is Hay & not Hays & for duty in continental,
instead of the militia, Establishment. The above being certified
to in the regular measure you can use it also if you wish
Very respectfully
J Aug. Black, Dep.
Page 25

Georgia
Talbot County

By his Honor Walter T. Colquilt one
the Judges of the Superior Court for
the county State aforesaid
To John N. Davis & Alfred
Bynum Esquire Greeting
Whereas there is a certain matter of controversy now
deponding in the Supreme Court of Said County between
the Governor on the information of William [?] Dupree as Martha [????] Hayes
in where as Clemant Clemants a material
witness in said suit and cannot attend our said Court in person
without manifest inconvenience

Now know ye that we reposing especial trust
and confidence in your prudence and fidelity have
appointed you and you and any two or more of you
are hereby required to cause the said Clemant
Clemants personally to come before you and
after being duly sworn to examine Clemant
Clemants concerning the said suit agreeable to the
interrogation hereunto annexed and under your
hands and seals direct to our said Court
to be held on Thursday after the first Monday
in September next. Together with this writ
"Witness the Honorable Walter T. Colquilt Judge
of the said Court this nineteenth day of
June 1828

Samuel C. Luch Clk
Page 26

T. [?????] Supr
Court

The Governor on
the information of
Wm N. Dupree
vs
Martha Hayes

Commission
Page 27

Service acknowledge
& consent for commission
to issue inst[????]
June 17th 1828
R J Crews
[??????]

Talbot
Supr Court

The governor
on the information
of Wm N Dupree
vs
Martha Hays

[????]

[????]

original
Page 28

Talbot Supr Court

Read on first
trial
R C Luch
Clk

The governor on the
information of
William N. Dupree
vs
Martha Hayse

Commision
Page 29

Georgia
Talbot County

By his Honor Walter Colquitt
one of the Judes of the Superior
Court for the County and State aforesaid
To Robert Rozar 
& Peter Buckholts - Esquire greeting

Whereas There is a certain matter of controversy
now depond[????] the superior court for said County between
the Governor on the information of William N. Dupree vs Martha Hayse
and whereas Solomon Wright
a material witness in said suit and cannot
attend our said Court in person without manifest inconvenience

Now know ye that we reposing a pecial trust
and confidence in your prudence and fidelity have appointed
you, and you or any two or more of you are hereby authorised
and required to cause the said Solomon Wright
personally to come before you and after
being duly sworn to examine Solomon Wright
concerning the said just agreeable to the
interrogatories hereunto annexed and the answers to the same
being plainly and distinctly written you are to send the [????]
closed up under your hands and seals to our said court
to be held on the Thursday after the first Monday in
September next together with this writ.

Witness the Honorable Walter T. Colquitt Judge
of said Court this ninteenth day of June 1828

Samuel C. Luck Clk
Page 30

[Acts of July 14, 1862, and March 3, 1873]

4723
P. O. 
Martha Hays

Service: wid of John

Enlisted:    , 18
Discharged:   ,18
[rejected]

Application filed:  ,18

Alleges:

Re-enlisted:

Attorney:
P. O.

Recognized,  Contra
Cert. of Dis.   Searched for   ,18
Page 31

State of Georgia
In Talbot
Superior Court 

The governor on
the information of
William N. Dupree
vs
Martha Hays
widdow [??]

[??] [??]

Interrogations to be exhibited
to Clements Clements, who resides out of said [county] State
and is a material witness for the Defendant, in the
above stated case.

Intsg. 1st. Do you know the parties to the above stated case? 

Intsg. 2nd. Who was the husband of the defendant, and when
and when did you know them

Intsg.  3rd Is he the said husband dead or alive, and if
dead, where & when did he die

Intsg.  4th Did you ever serve with him as a soldier?
If yes, state when and where as near as you
can recollect, and in what war & service

Intsg.  5th Sate on which side he  did serve in said
Revolutionary War, and in what action or
battles, if any, was he engaged in, during said
war

Intsg.  6th.  If you know of his having been engaged in
the revolutionary war as a soldier or officer,
State fully & at large  all you know about it
as tho' fully and particularly interrogated
then unto

Strong [?] Lamar
Defts. Atty.
Page 32

Cross interrogatories taken [illegible] to [illegible] from Clement Clements
Cross Int. 1st  Are you certain you are acquainted with the parties in said case or either of them?  May not the party with whom you believe you are acquainted be another person of the same name, with that whom you know?
Cross 2d.  Are you certain that the John Hays of whom you speak was the husband of the said Martha, or have you been merely told so?
Cross 3d. Did you see the husband of the said Martha die, and are you certain that he is dead?  Or did you learn that fact from some other person or persons?
Cross Int. 4th Are you certain that said John served a full tour of duty on the side of the Whigs in said revolutionary war? And were you with him during the eight years of that war, can you say positively that he did not do any act of hostility toward the Whigs during that time?  If you know of any such act state it?
Cross Int 5th State all that will benefit [illegible]
Reuben J. Crews
Def. Atty
Page 33

T[??] Governor
this information of

[????]
Superior Court

William N. Dupree
vs
Martha Hays
widdow [??]

[??] [??]

Interrogatories to be exhibited
to William Cain, who resides out of said county and is a material witness for the defendant

Intsg.  1st Do you know the parties?  If yea, state who who was the husband of said defendant?  Where did you first become acquainted with him?
And where did he live when you last knew
him?

Intsg.  2nd. Did you know the said John Hays at any time
during the Revolutionary War?  Did he or
not serve in said war?  If yea, on which
side, under whose command [??], in what service and where did he serve?

Intsg. 3rd If you know of his having been engaged in
the American service during the revolutionary
war; State wheather he so served as a private or officer; State fully and at large all you
know about his said service all you know about his said service, what corps, company, Regiment or army he was in; what
battle if any &c &c

Intsg.  4th  Relate all you know in favour of the
defendant as fully and as particularly as tho
there unto particularly interrogated

Strong & Lamar
Defts Atty.
Page 34

Cross Interrogatories to be [missing] to the 
William Cain
Cross Int. 1st
Did know the husband (John Hays) of the said Martha personally,  or only from reports, how [illegible] did you [illegible] him, how long, and how often were you with him?
Cross 2d. Can you state positively upon Oath that the said husband of the said Martha (John Hays) served a full tour of duty in the revolutionary war in the service of the United State, as a whig?
Cross Int 3d. Can you positively state that said John Hays did not 
during the revolutionary war aforesaid do any act of hostility toward the United States And if you know of his having done any such act, state it, say when, where, and described particularly.
Cross 4th state all you know that will benefit the {illegible] fully?

Reuben J. Crews
Informers Att.
Page 35

The governor on
the information of
William N. Dupree
vs
Martha Hays
widow JC

Georgia Houston county

By virtue of a commision to us directed
from the Honourable Superior Court of
Talbot County we have caused William
Cane the pension in [the] said Commision
named to come before us and being duly sworn true
answer to make to contain interogatories to the said
Commision an excd deposith and answereth as followth
[?????] the first interogatory he answers

[????] he knows the defendant but not the plaintiff
and that Mr. John Hays was the husband of the defendant
and that he became acquainted with him at the latter
end of the Revolutionary war while in service and he
knew him for some years after the war and that he
resided in South Carolina during that time

2nd To the first of the second interagatory he answers [???]
the state that he served in the revolutionary war under
the command of Col Mayham in the light [?????] service
in the defence of the United States and the last service of
the war

[????] 3rd
He states that Mr. John Hays served in the revolutionary
war as a private and under the command as answered in
second interogatory he has no personall knowledge of his 
knowing him in any battles.  General informatin was that he
was in several engagements

[????]

He knows nothing more only from general report which was
favorable of the sd Hays
Page 36

Answerd sworn to and subscribed
this 24th June 1828

William Cain

Walter L. Campbell
jason Gardner
Wm Mizell
Page 37

Answers to the cross interogatoy

first 
H[??] was personally acquainted [the] with Mr. John Hays
the husband of Martha and that he resided in the same
neighborhood for about ten years with the exception of
one year and were frequently together and mustered in
the same District

[?????] [????] he is satisfied that the sd John Hays Husband of
Martha did serve a tour of duty in the revolutionary war
but was not with him during the whole time

Ansr to
3rd [????] That he knows of no act of hostility of the
said John Hays against the United States

Fourth in[?]o
[?] [?]he knows nothing further

Answerd sworn to and
subscribed this 24th June 1828
William Cain

Walter L. Campbell
[?????] Gardner
[??] Mizell
Page 38

The governor
on the information
of
William N. Dupree
vs
Martha Hays
Interrogatories

To the Clerk
of the Supr
Court of
Talbot Cou
Georgia
Page 39

Walter L. Camp

Rec'd on the [illegible] oath of
John P. Hays with leave
to open
S C Luch
Page 40

The governor [??]
vs
Martha Hayse

Commission
Page 41

Georgia
Talbot County

By his Honor Walter T. Colquitt one of the Judges of the Superior Court for the county and state aforesaid
To Walter L Campbell and Jason Gardner William Misles Esquire greeting
Whereas There is a certain matter of controversy now depending in the Superior Court for said County between the governor on the information of William N. Dupree vs Martha Hayse and whereas William Cain a material witness in said suit and cannot attend our said court in person without manifest inconvenience 
Now know ye that we reposing especial trust
and confidence in your prudence and fidelity
have appointed you, and you [illegible] two or more of you are hereby authorized and required to cause the said William Cain
personally to come before you and after being
duly sworn to examine William Cain concerning the said suit agreeable to the interrogatories here unto summoned and
the answers to the same bring plainly and distinctly written you are to send the same closed up under your hands and seals to our said Court to be held on Thursday after the first Monday in September next together with this writ 
Witness Honorable Walter L Colquitt Judge of said Court this  19th day of June 1828
Samuel C Luch Clk
Page 42

The governor
vs
Martha Hay

Dupree vs
M Hays
[illegible]

original

Service acknowledged
& [illegible] for commissioners
to issue immediately
June 17th 1828
Reuben J Crews
[illegible] Att
[illegible] & Lamar
Page 43

Read on the first Trial
S. C. Luch
Clk
Page 44

[left side]
[illegible] the [lined out] Defendant
Plaintiff

Service acknowledged
and consent for commission
to issue [illegible]
June 17th 1828
R J Crews
Infr Atty
[right side]
Tolbert
Supr court

The governor
or
vs
Martha Hays
[illegible]
Original
Strong & Lamar
Page 45

Cross interrogating to be contributed to Soloman Wright - the within [illegible] witness
Cross Int. 1st. Do you state positively and unequivocally that the said John Hays with whom you are acquainted was the husband of the said Martha Hays? 
Cross Int. 2nd.  Did you know the said John personally or from report only? and can you say positively that he served a tour of duty during said war, on the part of the Whigs?
Cross Int. 3d.  Do you not know of the said John having done some act of hostility, unfriendly to the Whigs during said war?  If yes, state it particularly?
Rueben J. Crews
Inf. Atty
Page 46

In Tolbert Superior Court
The Governor on
the Information of
William N. Dupree
vs
Martha Hays
widdow [??]

Interrogatories to be
exhibited to Solomon
Wright a material witness for
the defendant ["plantiff" lined out] who resides out of said county

Intg 1 Do you know the parties or either of them
2 Did you or not know the husband of the said Defendant, If yea state whether or not he was [served as] a revolutionary soldier & on which side did he so serve.
3 Under whose command did he serve
4 State when & where he served & how long did he serve as well as you can recollect
5 Relate all you know that may be in favour of the Defendant as the particularly thereunto interrogated

Story & Lamar
Defdts Atty
Page 47

In Tolbert Superior Court

The Govenor on
the information of
William N. Dupree
vs
Martah Hayse
widdow [??]
Sisa

Georgia
Wilkinson County
by virtue of a Commission from the honrible 
 (sic) the Superior Court of Tolbert County to us directed we have caused Solomon Wright the person in the said Commission named to come before us and being duly sworn true answers to make to certain interrogatories to the said Commission annexed deposeth and answereth as follows
Ans to 1st Intg I know the defendant in the above case
To the 2nd July I did know the husband of the said defendant and knew him to serve as a
revolutionary soldier [in] and on the wigs side
To the 3rd Intg he seved [served] under the command of Colonel Mayrem
to the 4th Intg it was sometime in the latter end of the war in the State of South Carolina
on the west sid [side] of Santee
I do not recollect how long he served
To 5th Intg I know nothing more about the said service of John Hayse the husband of said defendant only I have every reason to believe that he seved [to the] until the war ended or the time for which
Page 48

he might [?????] for I new [knew] the said John for fifteen
years or upwards after the war, which time I lived a neighbour
to him and [struckthrough: was] he was during that time viewed
as an honorable and respectible citizen and
have never before or since herd any thing I [?????]
now Solomon Wrights answered subscribed and sworn to
before us this 30th day June 1828

his mark
X
Solomon Wright

Robert Rozar Com seal
Peter Buckholts Com seal

Cross Interrogatories
Ansr to the Cross July 1st  I did not see the said John
Hays married to the said
Martha but I know positively
and unequivacably that they lived
to gather as man and wife and
never herd it disputed

Cross to 2nd July I knew the said John personally
and knew him to be in service
in the war on the wigs side and [varily?] doth believe
that he served his time out but
did not see him get his discharge

Cross to 3rd July I never did know of the said John
acting or [????] any hostilities or acting
unfriendly towards the wigs during
the war

Solomon Wright answered subscribed and sworn to
Page 49

Before us this 30th day of June 1828
his
x
mark
Solomon Wright

Robert Rozar Com Seal
Peter Buckholts Com Seal


Peter Buckholts


To the Clerk of the Superior
Court of Tolbot
County Ga

Recd an the usual oath
of John G Hays with [????]
to [????[

S C Luch
Page 50

the governor on
the informatin of
William N. Dupree
vs
Martha Hayse
widdow [??]

Robert Rozar


To the Clerk of the Superior
Court of Tolbot
County Ga

Recd an the usual oath
of John G Hays with [????]
to [????]

S C Luch

Peter Buckholts