Revolutionary War Pension and Bounty Land Warrant Application File S. 8,768, for Francis Jones, North Carolina
Page 1

(8-1776)

SERVICE
N.C.

Jones, Francis

NUMBER
S,8.768

carded

CONTENTS
born in Wake Co. N.C. res there at enl,
res after Rev, Chatham Co. NC,
died Feb 23, 1844, in Orange Co. N.C. aged about 86 yrs
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33,255
North Carolina Fayetteville
Francis Jones, dec’d
of [blank] in the State of [blank] who was a Capt’n. of Cav. in the [blank] commanded by Captain [blank] of the [blank] commanded by [blank] in the [star mark] Revolution for 12 months & 7 days.

Inscribed on the Roll of Fayetteville at the rate of 305, Dollars 83. Cents per annum, to commence on the 4th day of March, 1834 and end 23d February 1844.
Certificate of Pension issued the 30th day of June 1854, and sent to George C. Anges
Present.

Arrears to the 4th of [blank]
Semi=anl. Allowance ending [blank]

{Revolutionary Claim, Act June 7, 1832.}
Recorded by G.J. Getty Clerk.
Book E. Vol. 6 ½, Page 61

[star mark] N.C. Line.
Oct. 21, 1904.
Records completed.
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State of North Carolina
Orange County
This day personally appeared before me William H Battle one of the Judge’s of the Superior Courts of Law and Equity for the state aforesaid Dalia Smith wife of Dr James S Smith aged sixty four years of said County of Orange who being duly sworn according to law- maketh the following declaration in order to claim from and recover from the Pension office of the United States the amount of pensions due to her late and deceased father Captain Francis Jones of the County aforesaid, who died on the 23d day of February 1844, aged about 86 years. This affiant claims a Pension in right of her father Capt Francis Jones from the 4th of March 1831 the 23rd of February 1844 at which time Capt Jones died-
This declarant is certain that her father served as a Captain two years or more in the Revolutionary War- she thinks and believes more than two years- She is confident of this fact from the many declarations and conversations she has heard her father have on the subject of his revolutionary services with many persons and especially old soldiers during his life in her hearing-
She thinks that he served in other stations but in what capacity and at what time she does not know.
At what time he entered the service and at what time he left it she does not know, nor does she know whoever the Colonel’s Commandant of the Regiment in which he served, She has heard him speak of being under Gen’l Green and of being at the Battle of Guilford and being sent in command of a company to destroy the boats on Dan River- She has heard him say that he served in South Carolina and was in several engagements, She is not positive but thinks he was at Camden. She also heard him Speak of being in the eastern part of the state at Newbern. She believes he was engaged in the service in this state & South Carolina from all she can recollect to have heard him say. She also has heard him say that he received a great deal of money for his services in the war-
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I Richard Jones clerk of the Superior Court of Law for the County of Orange in the State of North Carolina do hereby Certify that the Hon William H Battle in and was (at the time he appended his certificates to the attached papers) a Judge of the Superior Courts of Law & Equity for the State aforesaid by his Certificate to the declaration of Adelia Smith claiming a pension from the United States in right of her father the late Francis Jones, the affidavit of Osborne Kerby Mark Rigsby Isaiah Rigsby Ezekiel Rigsby James S Smith and Edward Pendergren all of which are hereto attached to the aforesaid Adelia Smith and that full faith and Credit is due to all his official acts as Judge as aforesaid
Given under my hand and seal of office at Hillsborough this the 12th day of August AD 1857
Rich. M Jones [illegible]
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In the name of God Amen
I Francis Jones late of the County of Chatham but now of the Town of Hillsborough in the County of Orange and State of North Carolina. Being of advanced age, and feeble of body but of sound and disposing mind and memory- Do make and declare the following to be my last will and Testament
1st. I give & bequeath to my son in law Dr James S Smith of Hillsborough my plantation in the County of Chatham called the Road or Grove place on Pokeberry Creek adjoining the lands of John Hackney, Joseph Bynum, James Kirby and others and containing from two thousand to two thousand seven hundred acres of land In trust for the Sale use and benefit of my only Child and Daughter Delia Smith wife of the said Dr James S Smith for & during her natural life free from any right title or claim of the said James S Smith or any person from or under him; or against any debt Claim or demand of the said James S Smith or any other person whatsoever And at the death of the said Delia Smith then I will and bequeath the said trust of land to my grandson Dr Francis S Smith & his lawful heirs- I further give & bequeath to my son-in-law Dr James S Smith aforesaid my plantation Called the Flower’s place in the County of Chatham on the waters of Newhope &
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Bush Creek adjoining the lands of Isaiah Cole Wm Merrett & others and Composed of several original tracts & supposed to Contain from Eighteen hundred to two thousand acres In trust for the sale use & benefit of my daughter Delia Smith wife of the said Dr James S Smith and no other and against any Claim right or demand of the said James S Smith or any person Claiming in through or by him- or against any claim right debt or demand against the said James S Smith or any other person whatsoever for & during her natural life, and at her death I give & bequeath the said Flowers tract to my grand son James Sidney Smith and in event of his death to his lawful heirs-
I futhermore give and bequeath to the said James S Smith my son-in-law the following negro slaves to wit: Yellow James, Simon, Samuel, Dempsey, [illegible] & all her Children, Sally & all her Children, Rose & all her Children, Aimy and all her Children- Milly, Hetty & Violet In trust for the sale use & benefit of my daughter Delia Smith & no other- for and during her natural life- & against all right title Claim or demand of the said James S. Smith for himself or any person Claiming by order or through him & against all debts Claims or demands of the said James S Smith or any person whomsoever and at the death of the said Delia Smith
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I give & bequeath the said negro slaves & their increase to my three grand Children Francis J Smith- James Sidney Smith Mary R Smith equally Share and Share alike and in event of either of their deaths to their lawful heirs- It is my Will & request of my son in law Dr James S Smith that at his death he will give to my grand daughter Mary R Smith the plantation in Orange County on Prices Creek which I conveyed to him by Deed many years past
Finally for any other purposes not set forth in the foregoing will I constitute and appoint the said James S Smith my sole executor to this will
Given under my hand and seal this 8th day of February A.D. 1841
Francis Jones Seal

Signed sealed & declared in presence of A. Parks
Thomas Faucett

A true Copy

J Allison CCC
By EG Gray DC
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Orange County May Term 1844
The execution of the foregoing last will and Testament of Francis Jones dec’d. was duly proved in Open Court by the Oaths of A. Parks & Thomas Faucett the subscribing witnesses thereto and ordered to be recorded- At the same time James S. Smith the Executor therein named appeared in Open Court & qualified accordingly
Test

North Carolina Orange County} ss
I, Joseph Allison Clerk of the Court of Pleas & Quarter Sessions of the County & state aforesaid do hereby Certify that the foregoing is a true & correct Copy of the last will and Testament of Francis James dec’d. and of the probate thereof as the same appears of record in the Clerk’s office of said Court.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court at office in Hillsborough this the 9th day of February A.D. 1853
J: Allison C.C.C
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Rev War

8768
INVALID.

File No. 8768
Francis Jones
Capt Rev. War

Act: June 7th 1832
Index:-Vol. [illegible], Page 19
[Arrangement of 1870.]
Page 12

38,252
Francis Jones
N.C
Hon W.A. Graham Nov 22/51
Edward & Smith Jany 12 1853
Same Jany 19 1853
Same July 12 1853
Francis J Smith Sep 15 1853
Col John H Wheeler Octr 12 1853
Same Nov 7 1853
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Brief

Will Judge Waldo please examine this brief and the certificate
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Francis Jones dec’d N.C.

Act June 7. 1832

Declaration of Delia Smith- only surviving child
and of James S. Smith- her husband
made August 8. 1851-
Capt’n Jones died Feby 23. 1844
married about 1786
Wife died in 1811
Leaving 2 children son & Delia- son died in 1836-

Delay explained. For many years before death of Capt’n Jones he was helpless and did not go out. He was, also, as appears from his will, the owner of some 4 or 5,000 acres of land. For years after his death Dr Smith was in active business, and harrassed with law suits, and neither he nor his wife, nor, as they believe, was Capt J. aware of any law under which he could have drawn a pension until within a short time previous to the application.
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Service These declarants and Isaac Riggbee, Mark Riggbee, A. Kirby, Ezekiel Riggsbee and Edward Pendergrass, swear to reputation of Captn Jones service as captn of Cavalry in N.C. militia and detail various service in which he was always understood to have been engaged. These facts gathered from conversations of Capt’n J. and other revolutionary soldiers, from his title of captain, and unquestioned reputation. Some think he must have served as much as two years as captain, and all agree that he bore the character of a staunch Rev. Whig and good fighter. When accosted as maj’r by a Rev. Sold’r he corrected him & said, I was not major, I was captain.

These witnesses and J.C. Turrentine confirm all the above statements of the declarants, as to death, heirship, death of widow- identity, and reason for delay.

James Dollar- Rev Pensioner, swears that he saw Capt Jones at bat Guilford C.H. as captain of militia & he understood he was a good deal in service, in N. & S. Carolina,

Calvin Hill saw him in service
Page 16

Copy of Captn Jones’ will shows that Delia is his only child-

Death of Capt J. & heirship- certified by court of record.

Certificate of Compt’r of N.C. of payments to Francis Jones of Wake Co. (for services) amounting to $561.35 and for occasions not shown £400 currency & £50.14.4. Specie.
Registered as “Fre Jones Capt. Sup’y. Ma.”
Certif that but one Cap’t Fre Jones in N.C. service

I conclude that Capt’n Francis Jones of N.C. was entitled to a pension under the act of June 7. 1832- for 11 mos 14 das service as capt’n of Cavalry, at $280.67 ½ per annum.
That he died Feb 23. 1844 and that the widow Delia Smith is his only surviving child- & that Capt J. left no widow.
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a captain of cavalry, nor could I be willing to give the payments made to F James, to Francis James,
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Washington 15, Feby 1853

Sir,
In the case of Delia Smith child of Francis Jones late of N.C. decd, Your letter of the 19th January 1853, raises three object [letter torn]
1st that the length of service is not s [letter torn]
2d that a Cavalry officer could not belo [letter torn]
3d want of proper proof of the death of Francis Jones & that Delia Smith is the only surviving child,
In answer to the 1st objection we rely entirely upon the amount of payments, which the Department always recognise as determining the length of service
To the second, we produce herein enclosed, a letter from the 3rd auditor showing that militia as well as regulars have cavalry forces,
In answer to the 3d, we produce a Certified Copy of Francis Jone’s will & the Certificate of the Co. Clerk as to the date of the death of F Jones & that Delia Smith is his only surviving child,
Very Respectfully
Simeon Smith
late [illegible] of Edward Smith

JE Heath Esq
Com Pensions
Page 20

Francis Jones, deceased
N. Carolina
Act June 7, 1832-
Admitted Capt of Cavalry 12 Mos 7 das at $305. 83/100 per annum from March 4, 1831 to Feby 23d 1844, when he died-

Certificate payable to Delia Smith his only surviving child

Atty
Geo. C. Ames
Present
Page 21

Brief in the case of Francis Jones deceased
Orange County and State of North Carolina
act June 7, 1832-

Claim, (“original,” [crossed out: or “for increase,”])

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Service- Rank of Capt Shown by N.C. records- also am’t of pay- showing more than 12 mo service- also- testimony of two witnesses, and tradition
Death- Proved by parol & certified
Only surviving child- Record & parol proof

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?

Name and residence of the Agent
Geo C. Ames
Present

S.G. Dodge
Examining Clerk.
Page 22

Washington Feby 4. 1853

Dr Sir,
The claim of Delia Smith has again been suspended for the want of further evidence of the date of Francis Jone’s death, for the fact that Delia Smith is the only living child of said Francis Jones,
Please therefore send us as soon as you can a Certificate of the Clerk of a Court of record or of the surrogate of the County, or other Officer, having charge of deceased persons estate, that Francis Jones the father of the Claimant died on the 23d of February 1844, and that Delia Smith is the only living child of said Francis Jones,
very Respectfully
Edward V Smith
Page 24

and was a near neighbor of Capt J, during the Revolutionary War, He states that he Knows Capt Jones was an Officer, and has often heard his (witness) Father say that he served under him.
From all that I can learn of the history of this case it appears that Capt Jones resided during the war of the Revolution to Wake County- that shortly after the Close of that war he removed to Chatham, in which County he remained until some time previous to his death, when he went to live with his daughter in [illegible] County. That in his latter days he became very infirm so much so that he was unable to walk without help, that he seldom or never left home- had little or no intercourse with the world- that he was in possession of a large fortune, and that in consequence of his infirmity or habits of seclusion, he did not know, he was entitled, or would not take the [illegible] to obtain, as he did not need it, a pension during his lifetime.
The Certificate of the Comptroller shows a number of payments to Capt Francis Jones at the Hillsboro District, (some of which was taken up by the sheriff of Wake County) sufficient to cover more than 12 mo service as a Captain of Cavalry. The father of
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Claimant is identified with that Officer by the testimony of a number of witnesses, a number of whom knew that he resided in Wake Co [illegible] saw him in command of a Company, in service, who were themselves in service, and have been allowed pensions therefor, The date of Capt Jones death and of the Hardships of Mrs. Smith has been satisfactorily  proven, and I can see no further objection to the admission of the claim.
Very Respectfully
Your Obt Svt
Geo. C. Ames
Page 26

Francis Jones
NC
[illegible] 32

G.C. Ames
Page 27

GC Ames
Present
Page 28

State of North Carolina Wake County.
June 7 the 1854
Mr. William Jackson aged Eighty four years a credable witness this day personally appeared before me the Undersigned an acting Justice of the peace in and for Said county who being first duly Sworn according to Law depose as follows to wit “That during the Revolutionary War he Lived with his Father Numan Jackson in Wake County No Carolina near Crab Tree Creek and he recollects distinctly that his Said Father was a private Soldier and did Serve one tour of 6 Six months and a part of another three month in the Latter part of the Said war under Capt Francis Jones of the Militia and that he recollects distinctly that he has often Seen Said Capt Francis Jones, having Command of Militia Soldiers and he was Dressed in Capt Uniform having Sword in hand, and did Serve as Capt more than two years He further declares that he was a very distinguished officer in Said war who lived in three and a half miles of his Said my Fathers House the reason witness father did not Serve his later term of three months to its close during the time peace was made & he returned home and Since which time witness has often herd his Said Father and Said Capt Francis Jones
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Speak of their Services he further declares to the [illegible] of his Knowledge of and belief the Said Capt Francis Jones Daugher Delia Married one Doct James S Smith who was many years ago a member of Congress of this State & Served for many years
William Jackson
his X mark

Sworn & Subscribed to before me
O.L. Burch Jp

State of North Carolina Wake County}
I Thomas J. Utley Clerk of the Court of Pleas and Quarter Sessions for the County of Wake aforesaid do certify that O.L. Burch whose name appears to the foregoing affidavit is now and was at the time of signing the same a Justice of the Peace in and for said County duly Commissioned and sworn and that the signature purporting to be his is Genuine
In testimony whereof I hereunto subscribe my name and affix the seal of said Court at office in Raleigh this 12th day of June A.D. 1834
Thomas J. Utley Clerk
Page 30

Brief in case
Francis Jones decd-
N.C.

Additional- Afft of Wm Jackson
Also
Certif of Compt’r payts
$612.22=12 ms 7 das
Cap’t Cavalry
(2)611.66
305.83
Page 33

page 3
Dr. Jas. S. Smith (8th Aug’t. 1851.) says in 1813 he married Delia only daughter of Jones- frequently in company with s’d. Jones- Jones came to live with him in 1837 & resided with him till his death on 23d Feby: 1844- Heard Jones many times speak of having been in war rev:- in several engagements- at battle Guilford- went in command of Co: by Gen’l. Greene to destroy boats on Dan River.- said he was at Camden- in service in N.C. & S.C. in service at or near Newton N.C. in service thinks under Gen’l. Butler & Co’l. Lyttle understood from various conversations with him that he was a Cap’t & a Clerk in the army. Spoke of having rec’d. a good deal of money for services.- heard Jones tell Hopson (an old soldier) he was a Cap’t. not a major. Heard Eli Hill tell Jones the first time he saw Jones in Army he was a Cap’t & on finest horse he ever saw. From all he heard Jones say he must have been in war several tours- at least 2 yrs as Cap’t. & 3 or 4 yr. At different times- Jones married about yr 1786 as Affiant knows & believes. His wife died in 1811. Had 2 children- son died in 1836- Cap’t. Jones when he died was about 86 or 7 yrs old. died 23d. Feby 1844
Osberne Kirby. (9th Aug’t. 1851.) says he has lived all his life within 3 or 4 miles of Jones- & 20 yrs: of his life his [illegible] within ½ mile of him- was often
Page 34

page 4}
at his house- frequently heard him speak of his services- & that he had been in several engagements- does not know what service he was in, nor length of time or capacity- thinks he heard old people call him Cap’t Jones,- Had 2 children- son died about 1836 unmarried, daughter lives in Orange- wife D. Jos. S. Smith named Delia- Jones reputed as a soldier- Heard his [illegible] Jas. Kirby who was a Rev: soldier say Jones served, thinks in same service, not positive however as to same service.
Ezekiel Riggsbee.- (9th Aug’t. 1851), says he was raised in Chatham Co, lived within 3 or 4 miles of Jones till Jones removed to Orange- frequently at Jones’ house- from early youth [illegible]: always heard Jones was in service- thinks he was a Cap’t. In militia & served several wars. Heard Jones say first money he had was made in army- considered by his neighbors to have been a rev: soldier- Heard him say he was in several Battles, does not recollect which- Jones had 2 children- son died in 1836- Jones went by name of old Cap’t: Frank Jones died 23d. Feb: 1844 was buried 25th-
Edw’d. Pendergrass.- (9th Aug’t. 1851.), says he is son of John Pendergrass (seal) a pensioner under act 1818- Mary his mother also pensioner Has heard many conversations between his father & Jones an officer- thinks a Cap’t.- Heard Jones speak of being at battle Guilford & other engagements- Heard his father say so, also thinks he heard him say Jones served in So. Ca. Believes Jones served a long time, does not recollect what length of time- Jones was always called Cap’t. Francis Jones from his earliest recollection- & reputed a soldier. His wife died many years- son died 1836- Delia only child.
Calvin Hill- (11th Aug’t. 1851.) says he is son of Eli Hill & has heard his father say Frank Jones who was father-in-law of Dr. J.S. Smith, was a solider in war.- saw him in service & he was an officer- does not recollect his grade- thinks his father spoke of s’d. Jones as being mounted on a fine horse.
Jas. S. Tarrantine- (12th Aug’t. 1851.) aged 48 yrs., says he is & has been sheriff of Orange Co: 18 yrs- lived in Hillsboro’ since Nov’r. 1852- thinks about 1837 the father in law of Dr. J.S. Smith,. [illegible] named Francis Jones came to live with Smith- Jones died on night 23d. February 1844- s’d affiant sat up with his corpse &c-
Clk:Ct:Orange Co. Certifies it has been made to appear satisfactorily to him from authentic records presented- that Jones died on Friday 23d. Feb: 1844- & Delia Smith widow of Dr. JS. Smith is only living child of Jones.-
James Dollar. (8th June 1852.) aged 98 yrs. pensioner- says he was well acquainted with Jones- Jones died in 1844 leaving no widow & 1 child- Jones served as Cap’t. at Guilford- said
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page 5.-
him there. Heard he was in So Ca on other services Cannot state Jones’ Reg’t or field officers- lived within 3 miles of Jones- reputed a Soldier & had title of Cap’t. Knows of no other man of name of Francis Jones in service of state during war.
Will of Jones proved & ordered to be recorded in Court Pleas & Quarter Sessions of Orange Co. May term 1844.
Power Atty: to Edwards & Smith 7th Oct 1851- from Delia Smith.
Comptroller, N.C. 20th Aug’t. 1851. shows payments to Franics Jones as follows for military services, In March 1782 £118- Specie- On June 10th 1783- £36- 8.5- Without date £20.148- Without date $32.60- Following payments to Francis Jones by W.M. Cauley £400.- £26.16.8- £11.5- £7.18.- £2.54- In book “J” which is a register of affiants “Frs. Jones Capt Sup’y. M’a.”
Comptroller N.C. (29th May 1852) Certifies from examination of records in his office that there was but one Cap’t Francis Jones- & Francis Jones of Wake was allowed £36.85 specie on 10th July 1783.
Turn- over.
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Pension Office
October 12.1853

Sir,
The additional evidence in the case of Francis Jones dec’d. of N. Carolina has been received & filed.
Enclosed you will receive a copy of a letter addressed to Mess’rs. Edwards & Smith which will inform you of the condition of this case. The additional evidence furnished, fixes the date of Capt. Jones death, and the heirship of Mrs. Delia Smith, but the length of Service is no where proven. When evidence is furnished on this last point the claim will be taken up for re-examination.
Very Respectfully
LP Waldo
Commissioner

Co’l. John W. Wheeler
Present
Page 38

Pension Office July 12. 1853.

Gentlemen,
The claim of Francis Jones dec’d. Of North Carolina, act of June 7. 1832, has again been examined. Nothing has been discovered in the case to change the decision of this office which was given you by letter dated January 19. 1853. That decision is affirmed and the claim stand suspended.
I remain Yours truly
LP Waldo
Commissioner

Messers. Edwards & Smith
Present.

Will the Department Communicate with Francis J. Smith of Chapel Hill. N.C. in this case. He is one of the heirs by marriage of Francis Jones,
Simeon Smith
Page 39

118
36.8
20.14 - $32,60
26.16,8
201.18.8
20
8 4038
2 505
40 252
06.4 months,

Letter
Page 40

Washington 6. Sept. 1852

Sir,
We enclose herein add’l. Evidence in the case of Delia Smith, only child of Capt. Francis Jones, late of North Carolina dec’d,
This case was suspended on the 22 November last, for the want of proof of identity of the Father with the record evidence of service, payments &c.
The add’l. Certificate of the Comptroller, and the affidavit of James Dollar a Revolutionary Pensioner, we believe fully meet these objections and trust the case may now receive the favorable action of the Department
Please send Certificate, when issued to us, & much Oblige
Very Respectfully
Edwards & Smith

J.E. Heath Esqr
Com’r. Of Pensions
Page 41

Delia Smith
Heir of Capt Francis Jones late of N.C. decd-
claim for Revo. Pension
add’l. Evidence

Edwards & Smith
attys
Page 42

State of North Carolina
Comptroller’s Office.

I, William J. Clarke, Comptroller of public Accounts in and for the State aforesaid, do hereby certify that I am fully satisfied from an attentive examination of the records of this office, relating to Revolutionary soldiers, that there was but one Captain Francis Jones, I furthermore certify that Francis Jones of Wake County was allowed £36S8 specie on the 10th day of July 1783 by the Auditors of Hillsboro’ District, for Militia services, as appears by Vol. C. No. 2789, which book has been lately received from Washington City having loaned some years  since to the Pension Office
This certificate is additional and explanatory of the certificate in this case, by me heretofore given to wit, on the 20th, day of August 1852-
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this 29th day of May A.D. 1852
Wm. J. Clarke Compt’r.
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Certificate that a man may be a militiaman tho he serve on horseback
Page 44

Treasury Department,
Third Auditors Office,
February 4, 1853.

Sir:
In answer to the question propounded to me yesterday, (to which you expressed a wish to have an Official reply) I have to inform you that it was very common to have militia Cavalry, or Dragoons in the service during the late war with England, but with regard to the Revolutionary War, I have no record at hand to ascertain whether any troops of that description, were employed in that service, though I should consider it so certain, as not to admit of a doubts.
Respectfully
Your Obt Servt
J.S. Gallaher
Aud-

Simeon Smith, Esq.
Washington City D.C.
Page 45

Delia Smith
To
Edwards & Smith
Power of attorney

We desire to see the papers in the within named case,
Edwards & Smith
15. Oct, ‘57

Cole
Page 46

Filed with the papers 18 Oct ‘57
Kirby
Page 47

Know all men by these presents that I Delia Smith wife of Dr James S Smith of Orange County North Carolina and only daughter and surviving heir of the late Capt Francis Jones of said County- Do by these presents constitute and appoint [illegible] L Edwards & Smith agents in the City of Washington my lawful attorneys in my name and by my authority to prosecute my claim against the United States for a Pension in right of my deceased father the aforsaid Capt Francis Jones- And I do by these presents authorise the said Edward & Smith in event of my claim being allowed and the pension granted to ask for & recover from the proper officer of the United States the sum of One hundred dollars as a compensation for their services in this matter and to see that the proper check is sent me by the proper authority on the pension agency of North Carolina the same to be in my name and that of no one else-
Given under my hand & seal this 7- day of Oct 1851-
Delia Smith (seal)

State of North Carolina
Orange County
I John W Carr a Justice of the Peace in and for said County of Orange Certify that the foregoing power of Attorney was duly signed sealed and declared for the purposes therein set forth in my presence by Delia Smith wife of D’r. James S Smith of the County and State aforesaid this the 7th day of October AD 1851-
J.W. Carr JP
Page 48

North Carolina Orange County} s.s.
Joseph Allison, Clerk of the Court of Pleas & Quarter Sessions, of the County of Orange aforesaid, do hereby certify that John W. Carr esqr, whose official signature appears to the within Certificate of acknowledgement of Delia Smith to the within Power of Attorney, was at the time of signing the same, an acting Justice of the Peace in & for said County of Orange & state of North Carolina, & that his said signature is genuine
In testimony whereof I have hereunto set my hand & affixed the seal of said Court at office this 8th day of October A.D. 1851-
J. Allison C.C.C
Page 49

State of North Carolina Orange County}
Court of Pleas & quarter Sessions
February Term AD 1853
It being made appear to the satisfaction of the Court here by the oath of Sidney Smith that Francis Jones late of said County Reported this life on the 23d day of February 1844 leaving him surviving one only child & heir, to wit, Mrs. Delia Smith wife of the late Dr James S Smith rec’d. It so ordered that the Clerk record and Certify the same accordingly
State of North Carolina Orange County}
I George Laws Clerk of Orange County Court of Pleas & quarter Sessions for Orange County do Certify that the foregoing is a true Copy of the Records in my Office
In Testimony whereof I have hereunto set my Hand and affixed the Seal of Office at Hillsborough this 5th day of September AD 1853
Geo,, Laws CCC
Page 50

Capt Francis Jones
dec’d N.C.
Declarations & affts
(all appear to have been [illegible] attached)
Page 51

State of North Carolina
Orange County
This day Edward Pendergrass, aged 72 years personally appeared before me Wm H Battle one of the Judges of the superior Courts of Law & Equity for said state and after having been duly sworn according to law maketh the following affidavit (to wit) That he is the son of John Pendergrass who was a regular soldier in the Revolutionary war that his father was placed on the pension Roll of the United States under the act of Congress of 1818 that he remained on said Roll until his death and that the pension was continued to his mother Mary Pendergrass until last year when she died, that his father lived many years in the county of Chatham in said state with in 3 miles of Capt Francis Jones-
That he has heard many conversations between his father and said Jones about thier Revolutionary services and that it always was his understanding from the conversations of his father and said Jones that he was on officer in the service and he thinks a Captain of Militia- that he has heard said Jones speak of being at the Battle of Guilford and in other engagements at other places which this affiant does not positively recollect. He also states that he heard his father say that Jones was in the Guilford Battle. He also thinks from the same scource he was informed that the said Jones served a considerable time in South Carolina
It is the belief of this affiant that from what he heard from his father and said Jones the said Jones served a long time in the war but what length of time at this remote period he does not recollect and cannot presume to say
Also that the said Jones was always called Capt Francis Jones from his earliest recollections and it always was the common understanding in the neighborhood in which he lived that he was a soldier of the revolution and was esteemed as such
Page 52

This affiant now lives and has always lived in 7 or 8 miles & much of his time in 3 miles of said Jones until said Jones moved to Hillsboro to live with his daughter Delia Smith wife of Dr James S Smith of Orange where he remained until his death, he removed about 1837- The said Jones’ wife has been dead a great many years, she [illegible] by Mr Jones two children a son & a daughter, the son died 1834 without ever having been married, the daughter is now living in Orange County and is the wife of Dr James S Smith and is the only hier and child now living of the said Capt Francis Jones
Edward Pendergrass
his X mark

State of North Carolina
County of Orange-
I William H. Battle one of the Judges of the Superior Courts of Law and Courts of Equity in and for the State of North Carolina do hereby certify that the foregoing affidavit was sworn to in due form of law, before me (the same having been by me first read to him he being blind) or the 9th day of August A.D. 1837-
Given under my hand and private seal (having no official seal) the day and date above written- Will: H. Battle JSCLCE (seal)
Page 53

State of North Carolina
Orange County
This day personally appeared before me Wm. H. Battle a Judge of the Superior Court of Law & Equity for the State aforesaid Dr James S Smith of said county aged 63 years who after being duly sworn according to law declares as follows
That is to say that in the year 1813 he married Delia the only daughter of Capt Francis Jones of the County of Chatham that he was frequently in the company of Said Capt Jones, that said Jones came to live with him and his daughter at Hillsboro in Orange County aforesaid in the year 1837 and continued to reside with him until his death which was on the 30th day of February 1844. That he has heard Capt Jones many times speak of his being in the war of the Revolution- that he was sent in command of a company by Gen’l Greene to destroy the boats on Dan River- That he heard Capt Jones speak of being at Camden and that he was in the service in South Carolina and North Carolina- This affiant also heard him say he was in the service at one time at or about [illegible] in the state
Your affiant heard him speak of being in Gen’l Greene’s army he thinks under Gen’l Butler- He has heard him say that he was in the service with C [illegible] Lyttle but does not recollect whether he was under his command or not- He thinks he heard him speak of a Co’l Richerson, of this name he is not positive
From the various conversations he heard Capt Jones have he understood him as having been a Captain and that he was a short time a clerk in some station in the Army what it was this affiant does not know- Capt Jones spoke of having received a good deal of money for his services in the war
This affiant recollects some two or three years before his death an old fellow soldier in the war William Hopson called at the house of this affiant to see him Capt Jones and in their conversation Hopson called him Major to which Capt Jones replied, “I nevr was a Major Billy Hopson replied you were an officer for I saw you in command to which Jones replied I was a Captain-
Page 54

I never was higher in command- At an other time I heard him not long before his death in conversation with an old neighbor Eli Hill who had been in the service with him. Hill said to him the first time I saw you in the Army Captain you were in command and mounted on the finest horse I ever saw-.
From all this affiant heard Capt Jones say he must have been in the war several years at least as much as two years as a Captain and must have been as much as three or four years in the service different times- Capt Jones was born and raised in the County of Wake in the State - He removed after the war to the County of Chatham where he married from all this affiant knows and believes about 1786. His wife died in the year 1811- She had two children by Capt Jones a son & a daughter, the son died in 1836 the daughter is still living and is the wife of this affiant- She is the only hier and child living of Capt Jones and makes her declaration to claim and recover the pension money due her father as a Captain in the war of the Revolution- Captain Jones from all this affiant knows and believes was about 86 of 7 years old at the time of his death which was on the 23rd of February 1844
Capt Jones was rendered helpless for many years before his death from the effects of old age and Corpulency and did not walk across his room for 7 or eight years before his death- He saw but little Company
Your affiant is certain in his own mind that Capt Jones was entirely ignorant that a pension was due him as a Captain in the war of the Revolution and did not have any knowledge of any pension law except that of 1818 which was intended for poor soldiers of the regular Army
Your affiant although the son in law of Captain Jones was ignorant of a pension being due said Jones as a captain in the Revolutionary War until a very short time since- When he caused the Muster Rolls of North Carolina to be examined, which showed the service of Capt Jones to be such as to entitle him to a pension
Page 55

Your affiant knows that Delia his wife was equally ignorant of the claim to a Pension in right of her father as a Captain in the war of the Revolution until very lately or it would have been claimed long ago
Your affiant is equally certain and Confident that Captain Jones never has applied for a pension
W Battle

State of North Carolina
Orange County}
I William H. Battle one of the Judges of the Superior Courts of Law and Courts of Equity in and for the State of North Carolina do hereby certify that the forgoing affidavit was made before me in the County of Orange where the said affiant resides and that the said affidavit is from the character of the affiant, entitled to credit-
Given under my hand and private seal (having no official seal) this 8th day of August A.D. 1851
Will: H. Battle JSCL&E (seal)
Page 56

State of North Carolina
Orange County
This 9th day of August AD 1851 John W. Carr Esqr. and Jones Watson of Chapel Hill in Orange County North Carolina under oath in due form of Law before me Will H Battle one of the Judges of the Superior Court of Law and Equity for North Carolina, that they are acquainted with Osborne Kerly, Mark Riggsbee and Isaiah Riggsbee of Chatham County in said State and of Edward Pendergrass of Orange County and that they are persons to be believed on oath & Jones Watson further states that he is acquainted with Ezekiel Riggsbee & that he would believe him on oath
Sworn to and subscribed to before me the day and year above written
J.W. Carr
Jones Watson

State of North Carolina
County of Orange
I, William H. Battle one of the Judges of the Superior Courts of Law and Courts of Equity in and for the State of North Carolina do hereby certify that the foregoing affidavit was sworn to in due form of law before me by the affiants on the 9th day of August A.D. 1851, that I am acquainted with the general character of the said affiants, that their character is good and they are entitled to full faith and credit-
Given under my hand and private seal (having no official seal) the day & date above written-
Will: H. Battle JSCL[illegible] (seal)
Page 57

State of North Carolina
Orange County
This day Mark Riggsbee of the County of Chatham in said state aged 59 years made oath in due form of law before me William H Battle one of the Judges of the Superior Courts of Law & Equity for the said state- That he lived from early boyhood within 3 miles of Francis Jones in the County of Chatham until said Jones removed to Hillsboro to live with his daughter in Orange County which was about the year 1837 & for nearly 30 years within less than 2 miles of said Jones- that he used to work at said Jones house for many years one or two weeks at a time, that he often times heard said Jones speak of his services in the war of the Revolution and of his being at the Battle of Guilford and in other engagements which this affiant does not now positively recollect- That he understood from said Jones that he was an officer in the war But in what grade this affiant does not recollect- That said Jones’ wife has been dead for thirty years- that he had by his wife two children a son & a daughter- that the son died without ever having been married about 1835- that the daughter is yet living in the County of Orange & is the wife of Dr James S Smith- that she is the only child & hier of Francis Jones now living-
That it was the general understanding in the neighborhood in which he lived that he was a soldier of the Revolution always as far back as this affiant recollects and that he served some time and that the said Jones died on Friday the 23rd of February 1844 and was buried on the 25th in Chatham County at his old residence
Mark Riggsbee
Page 58

State of North Carolina
County of Orange
I William H. Battle one of the Judges of the Superior Courts of Law and Courts of Equity in and for the State of North Carolina do hereby certify that the foregoing affidavit was sworn to in due form of law before me the 9th day of August A.D. 1857
Given under my hand and private seal (having no official seal) the day and date above written
Will: H. Battle JSCL&E (seal)
Page 59

State of North Carolina
Orange County
This day Isaah Rigsbee of the County of Chatham in said State who made oath in due form of law before me William H Battle one of the Judges of the Superior Courts of Law & Equity for said state that he is 75 of 7[illegible] years of age, that from his early boyhood he has been acquainted with Capt Francis Jones of Chatham County that except 3 years he always lived within three or four miles of said Jones until he removed about 1837 to Hillsboro in Orange County to live with his only child and daughter Delia Smith wife of Dr James S Smith- This affiant has often heard said Jones speak of his being in the war of the Revolution and that he was an officer, this affiant thinks a Captain but cannot be positive but knows that he was always called Capt Jones- that it always was spoken of in his early youth that said Jones was in the Revolutionary war by his neighbors and the old soldiers then living in that part of the country, of this he has no doubt in his own mind- that said Jones had two children a son & a daughter, that the son died without ever having been married in or about the year 1835- His wife died many years ago, the dauther is still living and is the wife of Dr James S Smith of Orange County and this affiant is certain that she is the only lawful child & heir of the late Capt Francis Jons. He thinks Capt Jones died in 1844. That he has heard Capt Jones speak of being in battles but where this affiant cannot now recollect, nor the time of his service but thinks he must have been in the service several years from report and the general understanding at the time in the neighborhood
Isaiah Rigsbee
his X mark
Page 60

State of North Carolina
County of Orange
I William H. Battle one of the Judges of the Superior Courts of Law and Courts of Equity in and for the State of North Carolina do hereby certify that the foregoing affidavit was sworn to in due form of law, before me on the 9th day of August A.D. 1851
Given under my hand and private seal (having no official seal) the day and date above written-
Will: H. Battle JSCL&E (seal)
Page 61

State of North Carolina
Orange County
This day Ezekiel Riggsbee aged 51 or 52 years of the County of Chatham personally appeared before me Wm H Battle one of the Judges of the Superior Courts of Law & Equity for aforesaid state and after being duly sworn according to law makes this affiant- to wit- That he was raised in the county of Chatham in three or four miles of the late Capt Francis Jones up to the time the said Jones removed to Hillsboro in Orange County to live with his only daughter & child Delia Smith wife of Dr James S Smith- That he was in the habit of being very frequently at the house of said Jones- That he often from early youth heard said Jones speak of his being in the revolutionary war and he thinks was a Captain in the militia service and that he served some years- He heard the said Jones say that the first money he ever had of his own was what he got for his services in the war and that he got enough to start him in the world, and he also states that he was generally considered to have been by his neighbors a soldier of the revolution and also by the old soldiers of the Revolution then living-
He has heard said Jones say that he was in several Battles but what battles they were this affiant at this remote day cannot positively say- This affiant knows that Delia Smith wife of Dr Smith of Orange is the only child and heir now living of said Jones that his son never married and died in 1836 and his wife many years ago- This affiant knows that said Jones went by the name of Old Capt Frank in his neighborhood personally and that he died at Hillsboro in orange County on the 23rd of February 1844 and was buried at his old residence in Chatham on the 25th of the same month & year
Ezekiel Riggsbee
Page 62

State of North Carolina
County of Orange
I William H. Battle one of the Judges of the Superior Courts of Law and Courts of Equity in and for the State of North Carolina do hereby certify that the forgoing affidavit was sworn to in due form of Law before me on the 9th day of August A.D. 1831-
Given under my hand and private seal (having no official seal) the day and date above written-
Will: H. Battle JSCL&E (seal)
Page 63

No. 38.252
Francis Jones dcd.
N.C.
Act 7 June, 1832.
Comptroller’s Certif
[crossed out: Edwards & Smith]
Hon W.A. Graham
Page 64

State of North Carolina
{Comptroller’s Office
{August 20th. 1851.
I, William J. Clarke, Comptroller of Public Accounts, in and for the State aforesaid, do hereby certify that it appears of record in said office, among the payments made by said State to sundry persons for military services in the Revolutionary War as follows
Francis Jones
Book No. 7 page 34 £118 specie (one hundred & eighteen pounds) paid March 1782.
Book No. 3 page 20 £36S8. (Thirty six pounds eight shillings specie, June 10th 1783-
Book No. 14 page 143 £20S14 specie (Twenty pounds fourteen shillings)
Book No. 10 $32.60 (Thirty two Dollars sixty cents)
The following payments made to Francis Jones by Wm. Mc. Cauley district Treasurer & Paymaster consideration not stated “W. Mc. Cauleys Book No.1. page 77 £400. Currency, Book No. 2 page 31 £26S16D8 The latter payment & appears to be specie. *[illegible] allow)
The following payments to F. Jones
Book No. 26 page 57 £11S5 specie.
Book “G. No. 16 page 30 £7S18.- specie
Ditto [under “page” above: “] 60 £2S5.D4. specie.
I furthermore certify that the following entry appears in Book “J,” which is a register of officers,
“Frs. Jones Capt. Sup’y. M’a.”
In testimony whereof I have hereunto subscribed my name and affixed the seal of said office
Wm. J. Clarke Comptr:
Page 66

State of North Carolina
Orange County}
This day personally appeared before me Semuel Lynch a Justice of the Peace in and for Orange County in the State aforesaid James C. Turrentine aged 48 years, who being duly sworn according to law, states as follows, that he is and has been Sheriff of Orange County 18 years that he has lived in Hillsborough since November 1832. That Dr. James S. Smith has lived there all that time ‘till within four years or five years past, that about the year 1837. The Father in law of said Smith, an aged old man named Frances Jones came to live with said Smith and his Daughter Delia the wife of said Smith, that the said Frances Jones died on the night of the 23rd. of February 1844. That said affiant sat up with his corps.- That the said Jones was a very corpulent infirm & very old man that he could not walk without aid and that this affiant does not believe that he the said Jones was out of the said Smith’s yard from the time he came to live with him ‘till he died.- He came from the County of Chatham to Hillsborough where he was a stranger and saw but few people, and had little or no intercourse with the world except the family in which he lived, and could not have known while in Hillsborough any thing of the Pension laws of the United States, or that he was entitled to a pension for his services in the War of the Revolution as a Captain of Militia, except it had been communicated to him by his Son in law or some one else. This affiant further States that it was within his knowledge as the Sheriff of Orange County and from other sources that said Smith was hard pressed with debt from the time of the death of said Jones to this time, and also engaged in weighty lawsuits, and that this affiant believes that if said Smith had known that a pension was due said Jones as a Captain of Militia in the War of the Revolution that his embarrassed circumstances would have caused him to have prosecuted it. That the wife of said Smith and daughter of said Jones was a retiring woman that would not likely have known [illegible] thing of a pension being due her in
Page 68

Delia Smith child of Francis Jones late of N.C. decd
Revolutionary Pension
Proof of Francis Jones death & that Delia Smith is only surviving child,

Simeon Smith of late firm of Edwards & Smith agent.
Page 69

[illegible]
Francis Jones decd
Certificate of his Death Feby 23. 1844 and that Delia Smith widow is his only child
Copy of Fr Jones’ will showing that same fact
Page 71

Sept. 21, 1853 AD O’l in case of Capt. Francis Jones, decd.
N.C.
Francis J. Smith, Chapel Hill, N.C.
[illegible]

Official Business
L.P. Waldo Esqr
Commissioner of Pensions
Washington City
Page 72

Chapel Hill Sept 16th 1853
To L.P Waldo Esqr
Sir
I enclose you the within certificate which I hope will prove satisfactory to you that Mrs Delia Smith is the only child and heir of Capt Francis Jones deceased and that he died on the 23rd of February 1844
I also enclose you a certified copy of the last will and testament of Francis Jones with the County seal of Orange appended to it
If this proof is insufficient I wish you would write me at your earliest convenience
I remain with much respect your Obt Servant
Francis J Smith.
Page 73

[stamp]
CHAPEL HILL N.C
AUG 2

FARE

L P Waldo. Esqr
Commissioner of Pensions
office
Washington City
Page 74

Chapel Hill July 31st 1853

My Dear Sir
I received a few days ago your letter addressed to Edwards & Smith Pension Agents at Washington relative to the claim of Capt Francis Jones of North Carolina, under the act of June 7 1832 (in which you state the case has been again examined and that nothing in the case has been discovered to change the decision of this office which was given you by letter dated January 19th 1853. That dicision is affirmed and that the claim stands suspended) I enclose you the same letter- I also enclose you the letter of Edwards & Smith addressed to Dr James S Smith deceased dated Feb 4th 1853-
In persuance of the instructions in their letter I in a few days forwarded to Edwards & Smith Agents of Mrs Delia Smith a certified copy of Capt Francis Jones last will & testament under the seal of the Clerk of the County court of Orange NC wherin he bequeathed to Mrs Delia Smith his only living child & heir all of his estate for life, with the further certificate of said Clerk, that from records in his office he is satisfied that Capt Francis Jones departed this life the 23rd Feby 1844 and that Delia Smith is the only living child & Heir of said Francis Jones- I believed that this proof would be sufficient to satisfy the Department as to Delia Smiths being the only living child & heir of said Francis Jones and that said Francis Jones did die on the 23rd Feby 1844- Now Sir will you be so kind as to write whether the above proof was before you and whether in your opinion or not it was informal- It may have been miscarried for aught I know as I have heard nothing from Edwards and Smith [illegible] subject,- I wish you would be kind enough to write me what further proof will be necessary to satisfy the Department- and I will endeavour to supply it as I am totally ignorant of matters of this sort-
Page 75

Will you be kind enough to answer this letter at your earliest convenience and you will oblige my very much
I remain Sir with much respect your Obt Servant
Francis J. Smith

To LP Waldo Commissioner of Pensions Washington City.
Page 76

Capt Francis Jones
£36.8
118.0
20.14
23.0
33.15
£231.17 Being [illegible]
To $579.62 ½ cts
$.32 60 Brought
$612.22 a [illegible] pay being $480 per annum for 2 years service providing we show 2 years $960- that being full pay- we show amassed $612.22 cts
Page 77

{State of North Carolina Comptroller’s Office.
I, William J. Clarke, Comptroller of Public Accounts in and for the State aforesaid, do hereby certify that it appears of record in my office among the payments made by said State to sundry persons for Military services in the Revolutionary War, as follows, to wit
Francis Jones
Indent or Army Certificate issued by Auditors of Army Accounts sitting at Hillsboro’, No. 1312 dated June 10th. 1783, £36S8 specie. Said certificate was taken up (as was customary and usual) by the Sheriff of Wake County Tignall Jones-
Book No. 7, page 34, £118- specie
“ “ 14, “ 143 £20S14 specie
“ W “ 2 “ 11 £23- specie
“ “ “ “ “ 12 £33S15- specie
Vol. No. 10 “1782. 18 mo. drafts Francis Jones $32.60”
This last payment was very probably a balance due on final settlement.
The payments from Book W. No.2, were not embraced in a former Certificate given by me in this case, as the Book from which they are taken was not then (Aug 20’51) in this office, having been since received from the Pension Office in Washington City, loaned said office by this Francis Jones appears on Book “J,” a list of officers, as Captain of Supernumerary of Militia.
I further certify that I have no reason to believe that there was more than one man of that name. I further certify that the pound (£) specie was two dollars and fifty cents ($2 50/100)-
In testimony whereof I have hereunto subscribed my name and affixed the seal of office this 23d. day of May A.D. 1854-
Wm. J. Clarke, Compt’s.
Page 78

Francis Jones
reply 28 Nov 53
[blotted out]

$	m
480	24	612
	612
15.3	48
	24
	144
480/14688
80/3	144
12	288
18

690
612	22
347	78
	2
5/695	36
139
	2112
278
69
347
Page 79

A copy of the decision of the Commissioner of Pensions in the case of Captain Francis Jones-
Pension office Nov 7th 1853
Sir
At your request I have carefully examined the case of Francis Jones decd of North Carolina and am constrained to adhere to the opinions heretofore expressed in relation to it- There is but one witness who pretends to know anything of his services and he does not pretend to fix any [illegible] of service- It is very probable that he did render some service during the Revolutionary war, but how much it is impossible to to determine from the evidence on file. Indeed, if I were to admit that that evidence was sufficient to connect him with the record, that record would not justify me in allowing him a pension, for I find upon calculating the amount of service from the payments made, that barely a service of six months is indicated as a Captain of Infantry, but little over four months as a Cavalry Captain- But there are payments made to a Francis Jones, and F. Jones, there is nothing in the record to show that Francis Jones and F Jones are identical, under these circumstances I feel bound to continue the suspension of the claim
Very Respectfully
LP Waldo
Commissioner

Col John A Wheeler
Present
Page 81

State of North Carolina
Chatham County

Be it remembered that this day, personally appeared me [crossed out: James Dollar] Samuel Brewer one of the Justices of the Peace for the County & State aforesaid James Dollar of said State & County who being duly sworn according to Law Deposeth & saith that he is in the 98th year of his age was a soldier of the American Revolution and is a Pensioner under the Act of Congress for said services- That for a great many years he was well acquainted with Captain Francis Jones of Chatham County who was a son of Col Signal Jones of Wake- in which County he was born and remained and from which County he removed a few years after the American Revolution to Chatham- where he remained until the last few years of his life- That the said Jones died in Orange County- in the year 1844- leaving no widow and an only child him surviving named Delia wife of James S Smith- That the said Francis Jones served in the war of the Revolution and was present at the Battle of Guilford in which engagement he served as a Captain of Militia in which action this Deponent first saw him That the said Jones was afterwards in South Carolina upon other service as this Deponent often heard from others- and from said Jones himself That this Deponent further swears that he is not able to State the Regiment to which the said Captain Jones was attached or the [illegible] Officers under whom he served from his loss memory- and old age He further swears
Page 82

that for manys years he lived in three miles of said Captain Jones- that in his neighborhood he was always reputed a Soldier of the Revolution and had the title of Captain & in consideration of the Rank he held in the Revolutionary war That Captain Jones was always highly esteemed by his neighbors as a tried Whig of the Revolution and a man of the strictest honesty & integrity- This Deponent further swears that he knows of no other man by the name of Francis Jones in the service of the State of North Carolina during the Revolutionary war This the 8th day of June 1852
James Dollar
his X mark
State of N Carolina
Chatham County

Sworn to before me this 8th day of June 1852 SY Brewer JP
I Samuel Brewer one of the acting Justices of the Peace for the County & State aforesaid do hereby certify that James Dollar is man of the strictest honesty and integrity and that full faith and credit should be given to his testimony
Given under my hand this the 8th day of June 1852
SY Brewer JP
Page 84

North Carolina
Orange County
This day Calvin Hill of Orange County in Said State made Oath in due form of Law before me John J Freeland an acting Justice of the Peace for Said County of Orange that he is the Son of Eli Hill that he is 47 years of age that he has heard his Father say often that Francis Jones who was the Father in law of Dr. James S. Smith of Orange County was a Soldier in the war of the Revolution, that he Saw him in the Service and that he was an officer but that his Grade was this affiant does not recollect to have heard his Father Say, that his Father he thinks spoke of Said Jones as being mounted on a fine Horse
Sworn to & Subscribed to before me this the 11th day of August 1851
Calvin Hill

I, John J Freeland a Justice of the Peace as aforesaid do certify that Calvin Hill the above affiant is a man of Good Character & his Testimony is entitled to full faith and Credit Given under my hand and Seal this 11th day of August 1851
JJ Freeland JP (seal)

North Carolina
I Joseph Allison Clerk of the Court of Pleas & Quarter Sessions of Orange County do hereby certify that J.J. Freeland esqr. Whose genuine signature appears to the foregoing certificate was at the date thereof an acting Justice of the Peace in & for said county duly commissioned & sworn- In testimony whereof I have hereunto set my hand & affixed the seal of said court at office this 12th Augt. 1851-
J Allison, C.C.C.
By E.G. Gray, D.C.
Page 85

State of North Carolina
Orange County
This day Osberne Kirby personally appeared before me Wm H Battle one of the Judge’s of the superior Courts of Law & Equity for the said state and after being duly sworn according to law makes this affidavit (to wit)- That he lived all his life in Three or four miles of Francis Jones of Chatham County and twenty years of his life as his nearest neighbour within a half a mile of him and that he was often at his house and frequently heard him speak of his services in the Revolutionary war, and that he had been in several engagements which he mentioned but your affiant has forgotten at this remote day, He does not [illegible] what service he was in or length of time, or in what capacity
This affiant thinks he has heard the old people of Mr Jones [illegible] say that he was an officer in the Revolutionary war, of that he is certain, This affiant knows that the old people call him captain Jones- This affiant knows that he had two children a son and a daughter, the son died about 1834 without ever having been married, the daughter is yet being in Orange County the wife of Dr James S Smith her name is Delia who he knows to be the only lawful child & heir of said Jones now living, and this affiant knows that it was the general opinion in the neighbourhood in which said Jones lived that he was a soldier of the Revolution and that he was considered as such in all polite company he went in by those who knew from his earliest recollection
This affiant further states that he has heard his [illegible] James Kirby who was a soldier of the Revolution say that the said Francis Jones served in the war and thinks he heard him say that he [illegible] said Jones in the service of this he is not positive but to the best of his recollection he thinks he did say so-
[illegible] Kirby
Page 86

State of North Carolina
County of Orange
I William H. Battle one of the Judges of the Superior Courts of Law and Courts of Equity in and for the State of North Carolina do hereby certify that the foregoing affidavit was sworn to in due form of law, before me on the 9th day of August A.D. 1837-
Given under my hand and private seal (having no official seal) the day and date above written-
Will: H. Battle JSCL&E (seal)
Page 87

To the Head of the Pension Bureau
Washington City
Page 90

F James’s Will
Page 91

In the name of God amen! I Francis Jones late of the County of Chatham, but now of the town of Hillsborough in the County of Orange and state of North Carolina Being of advanced age and feeble of body but of sound and disposing mind and memory- Do make and declare the following to be my last Will and Testament 1st I give and bequeath to my Son in Law Dr. James S. Smith of Hillsborough my Plantation in The County of Chatham Called The Road or Grove place on Pokeberry Creek adjoining the lands of John Hackney Joseph Bynum James Kirby and others and Containing from two thousand to two thousand seven hundred acres of Land.- In trust for the sale use and benefit of my only child and Daughter Delia Smith wife of the said Dr. James S. Smith for and during her natural life free from any right title or claim of the said James S. Smith or any person from or under him or against any debt claim or demand of the said James S. Smith or any other person whatsoever- And at the death of the said Delia Smith I will & bequeath the said tract of Land to my Grandson Dr. Francis J. Smith and his lawful heirs.-
I further give and bequeath to my son in law Dr. James S. Smith aforesaid my plantation Called the Flowers place in the County of Chatham on the waters of New Hope and Rush Creek adjoining the lands of Isaiah Cole Wm. Merritt & others and Composed of several Original tracts and supposed to Contain from Eighteen hundred to two thousand acres.- In trust for the sole use and benefit of my Daughter Delia Smith wife of the said James S. Smith and no other and against any Claim right debt or demand against the said James S. Smith or any other person whatsoever for and during her natural life and at her death I give and bequeath the said
Page 92

Flowers tract to my Gran Son James Sidney Smith and in event of his death to his lawful Hiers.- I furthermore give and bequeath to the said James S. Smith my son in law the following negro slaves to wit- Yellow James [illegible] Samuel, Dempsey, Tempy, and all her Children, Rose and all her, Amy and all her Children Betsey and all her Children. Milly Hetty and [illegible] In trust for the sole use and benefit of my daughter Delia Smith and no other for and during her natural life and against all right title Claim or demand of the said James S. Smith for himself or any person Claiming by order or through him and against all debts claims or demands of the said James S. Smith or any person whomsoever and at the death of the said Delia Smith I give and bequeath the said negro slaves and their increase to my three Grand children Francis J. Smith, Hames Sidney Smith Mary R. Smith equally share and share alike and in the event of either of their deaths to their lawful heirs.-
It is my Will and request of my son-in-law Dr. James S. Smith that at his death he will give to my Grand Daughter Mary R. Smith the Plantation in Orange County on Prices Creek which I Conveyed to him by Deed many years forth in the foregoing Will I. Constitute and appoint the said James S. Smith my sole Executor to his Will.-
Francis Jones (seal)

Given under my hand and seal this 8th day of February A.D. 1841.-
Signed sealed declared and delivered in presence of
A. Parks
Thomas Faucett
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Orange County May Term 1844
The Execution of the last Will & Testament of Francis Jones dec’d. was duly proved in open Court by the oaths of Allen Parks & Thomas Faucette the subscribing Witnesses thereto and ordered to be recorded.- At the same James S. Smith the Executor therein named appeared in open Court & qualified according to Law.
J. [illegible]

State of North Carolina
Orange County
I, John Taylor Clerk of Orange County Court of Pleas & quarter Sessions do hereby Certify that the foregoing is a true Copy of the last Will and Testament of Francis Jones dec’d. as it stands of Record in my office-.

Witness my hand & seal of office this the 7th day of Nov’r. 1844.-
J. Taylor [illegible]