Revolutionary War Pension and Bounty Land Warrant Application File W. 23,087, Francis W Gardner, R.I.

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Service   |                                                Number
R.I.      |     Gardner, Francis W. Waity  | W.23087

Contents

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2045
Rhode Island
Waity Gardner
R.I.
widow of Francis W. Gardner
who was a Private
in the R.I. line for 6 months
Inscribed on the Roll at the rate of 
20 Dollars _____ Cents per annum,
to commence on the 4th day of March, 1843.
Certificate of Pension issued the 23rd day
of  Sept 1843 and sent to 
Franklin Greene
Providence R.I.
[Act of March 3, 1843.]
Recorded in Book A
Vol. 1. Page 88

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State of Rhode Island
County of Providence on this 17th day of September of 1838 personally appeared before me  Turiel Potter one of the justices of the Court of Common Pleas within & for said county. Waity Gardner now resident in Johnston in said count aged 76 years who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the act of Congress entitled "an act generating half pay and pensions to certain widows" and that she is the widow of Francis W Gardner formerly of Exeter in the County of Washington in said state who was a soldier of the Revolution that he served in Captain Bates company and Col Dyer's and also in other companies but she is unsure to specify his services but must refer to the testimony of those who served with him for their account - and she  further declares that she

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married to the said Francis W Gardner on the 25 of December of 1781 in Exeter in the county of Washington aforesaid where we both resided but her marriage is not recorded as the [illegible] that her husband died on the 1st day of April AD 1807 and since then she has remained unmarried. She was not married to him prior to his leaving the service but the marriage took place previous to the first of January seventeen hundred and ninety four  to wit at the time above stated Attest the subscribed to the aforegoing declaration is blind and cannot see to write her name.
Turiel Potter
Waity Gardner  her X mark

Providence Ss [illegible] Johnston Sept 17th AD 1838
Personally appeared before me this above named Waity Gardner who made oath to the above aforegoing declaration by and subscribed in my presence and I further certify that said Waity Gardner from age and infirmities is too feeble to attend court.
Turiel Potter Just C C Pleas

[drawing on document]

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149
Edward Kelly
May the 29 [illegible]

Benjamin West Gardiner was
Born August 18 in the year of our Lord [illegible]

Varnum Willitt Gardiner was
Born July 30 in the year of our Lord 1786

James Gardiner was 
Born March 19 in the year of our Lord 1790

Mary Gardiner was
Born January 26 in the year of our Lord 1793

Dorcas Gardiner was 
Born November in the year of our Lord 1796

I attached this old paper to the affidavit on Varnum W Gardiner this 3 day of October 1839
Wm H Smith    Justice of the Peace

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I Varnum W Gardner of Coventry in the county of Kent in the State of Rhode Island, aged fifty-three years, do testify that I am the second son of Francis W. Gardner, formerly of Exeter in the county of Washington, in said state, now deceased; that I found the old paper which is hereto annexed among my father's papers; that I am well acquainted with his hand writing having often seen him write & having ["other" crossed out and "many" written above] papers in his hand writing in my possession, and that I verily believe that all that is written on said old paper is in my said father's hand writing.

I further testify that my said father died about April 1807, and my mother Waity Gardner who has signed and sworn to the preceding declaration, has remained a widow ever since the time of my father's death.
Varnum W. Gardner

On this third day of October 1839 in the city of Provi[text cut off by fold in paper] State of Rhode Island. Varnum W Gard[text cut off by fold in paper] personally appeared & made oath that the above statement by him signed is true.

I certify that he is a credible witness.
William H Smith  Justice of Peace

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I Susanna Browning of Warwick in the County of Kent and State of Rhode Island being now in the Seventy Eighth year of age on oath do testify and say that I was well acquainted with Francis W Gardner and Wate West both of Exeter in the County of Washington before their intermarriage.  Said Francis was the son of Nicholas Gardner, and said Wate was the daughter of Capt Benjamin West.  I further testify I well remember of being at Elder Soloman Sprague's meeting at his meeting house in said Exeter in the Year 1779 or 1780 and I will remember of distinctly hearing the said Elder Sprague make public the intentions of marriage of the Said Francis and Wate and I soon after heard that they were married which I firmly believe, first, because it was generally so reported and I never herd any report to the contrary  Secondly, because they soon went to keeping house together and lived together for nearly thirty years, during which time they had and brought up a large family of children, and they lived together untill they were separated by Death, thirdly because I believe from their general character that they would never have lived together in that manner without wedlock.  I further testify that I lived a near neibour to them from the time ["of their" crossed out] which I believed them to be married untill the death of the said Francis and I firmly believe that the Said Wate now remains the widow of the Said Francis.
Susanna Browning   her x mark
Witness  Robert C. [illegible last name]

State of Rhode Island  Kent County  } In Warwick the 23rd day of September 1839 Personally appeared before the Subscriber a Justice of the Peace within and for the County of Kent, Susanna Browning the above named deponent who subscribed and was duly sworn to the truth of her deposition according to Law - I further certify that I am personally acquainted with the said Susanna Browning and that she is a credible witness  Wm Harrison  Justice of the Peace
[seal stamped]

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I John Gardner of Sterling in the County of Windham and State of Connecticut on oath do testify and Say that I am now in 65th years of age  I further testify that I was well acquainted with Francis W. Gardner of Exeter in the County of Washington and State of Rhode island.  he was the Son of Nicholas Gardner Esqr I was brought up in his fathers house & was the older Son of James Gardner brother of said Francis  I remember of hearing it frequently talked in the family that the said Francis was about to Be marryed to Wate West of said Exeter daughter of Capt. Benjamin West and I further testify that I distinctly Remember of their Being Preparations made at the house of his father's [word crossed out] then my home which happened according to the best of my recollection in the year 1780 toward the Latter Part of that year  Then I was quite young and he the said Francis brought the said Wate home to his fathers house where there was [illegible] Number of there friends and acquaintances attended and it was there Reported that they were marryed & Much Report & family Believe firstly Because the said Wates Relationship was there owned generally by his the said Francises Relations for I have Ever since Regarded her as aunt which relation is owned to this day By all that I know and that I never heard any Report to the contrary  Secondly Because they soon went to keeping house together and Lived together for Nearly thirty years during which time they had and brought up A Large family of Children  They Lived together untill Death separated them  Thirdly Because it would Been Contrary to their general carracter to have Lived together in such A manner Without Wedlock.  I further testify that I always Lived in the State of Rhode island untill March 1839 and in the Neighborhood of the family of the said Francis and always was well acquainted with the family and do firmly Believe that they Was marryed at the time above mentioned and I further testify and Say that I distinctly remember [word crossed out] the said Francis went of soldiering in the time of the Revolutionary War [word crossed out] Because he Borrowed my fathers Cartredge Box Because it held twenty fore rounds and his held But sixteen he wanted the Largest Because he thought he could do more Execution.
Ebenezer Johnson    John Gardiner

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State of Rhode Island    Kent County
at Coventry this 27th Day of September AD 1839

then personally appeared before me the subscribing authority the within named Deponent John Gardner who was Subscribed and was Sworn according to Law to the truth of the within Deposition  I further Certify that the Said John Gardner is a credable witness and a Settled and ordaned minister of the gospel
Ebenezer Johnson   Just Peace

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I Mory Bates of Exeter in the County Washington on oath Do testify and Say that I am now Seventy  Six years of age that I was well acquainted with Francis W Gardner formerly of Said Exeter  I knew him from the time he was quite young until his death and I believe his Widow Waity Gardner is Still living  I have not seen her for Several years  She does not Now live at the old homsted where they lived ["when" crossed out] before the Death of Said francis Gardner that Said Francis was in the service of the United States during the [word crossed out] War of the Revolution  he was in the Service a great deal as J [illegible] but I was only with him only one [illegible] distinctly remember that in July 1780 at Newport on Rhode island in Capt Samuel Bissells Company Col Thomas Potters Regiment and that which makes me better remember is that Said Francis acted as Quarter master and dealt out our rations to us  I was a private
Mory Bates

Washington Ss Exeter September 28th AD 1839  Sworn to and Subscribed Before me and  I further certify Said Mory is well known to me and he is a Credible Witness
Russell Joslin  Justice of the Peace

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State of New York, Madison County ss: Daniel Tillinghast of Easton, in the county of Madison and State of New York, being duly sworn deposes and says that he is Eighty two years of age; that in the revolutionary war, and during the whole of that war, he resided in the town of Exeter in the county of Washington in the State of Rhode Island - And this deponent further says that during a part of that war he was in the actual service of the United States as an officer of the militia of the state last mentioned, and that the first part of his said service was performed as an Ensign, the next as a Lieutenant, and afterwards he served as a captain, all of which was performed in Col Charles Dyers Regiment.  And this deponent further says that according to his best recollection the said service was performed by him in the years 1777, 1778, and 1779 and that he then was well acquainted with Francis W. Gardner, who then resided in the said town of Exeter, that Capt Bates a part of this time commanded the said company, and on his promotion to the office of major of said regiment this deponent was chosen captain of the same company.  And this deponent further says that according to his best recollection in the years 1777 and 1779 the above mentioned Francis W. Gardner was a member of the same company and performed duty as a private of the same in the United States service; and as he verily believes served all his tours, in the service of the United States, which he was called to perform, for the whole of the said two years.  And this deponent further says that he thinks and believes that the way in which the militia to which this company belonged, then served, was that one third was called out for a tour of fifteen days, and that term of service being performed they were dismissed, and then another third part were called out and served the same term, and then the other third part was called out and served the like term, and were succeeded by the third which had first served &c. and that service in this manner was done by the said company for the whole of the said two years according to his best recollection.  And this deponent has no doubt from what he recollects that the said Francis

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W. Gardner served for the whole of the said two years whenever his turn came as above stated - And this deponent  remembers that during the one tour of such service as he had above mentioned the said Francis W. Gardner, in Spencer's expedition was called upon to do, and did do the duties of adjutant of said regiment

And further this deponent says that one of the said three years the said Francis W. Gardner was engaged in privateering - 
Daniel Tillinghast

Subscribed and sworn before me the 5th day of September 1838.  In the 21st line from the top in the number 1777 the figure 7 made on an obliterated figure - & in the number 1778. the figure 8 written in what was a figure 9 before signing.
Epenetus Holmes Judge of Madison County Courts.

Clerks office
Madison County [illegible]
State of New York
I John Farwell Deputy clerk of said county do hereby certify that Epenetus Holmes Esq before whom the foregoing affidavit purports to have been sworn and also whose name appears to the above certificate was a Judge of the county Courts in and for said county duly commissioned and sworn and that I am well acquainted with the handwriting of the said Judge and verily believe the signature of the foregoing affidavit and certificate are genuine

In Testimony Whereof I have herewith set my hand and affixed the seal of said County at Morrisville this 5th day of September 1838.  John W. Farwell  Dep clk

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I Rufus Shearman of Exeter in the County of Washington on oath do testify & Say that I am now Seventy seven years of age that I was well acquainted with Francis W Gardner formly of Said Exeter and the Husband of Waity Gardner now his widow who I believe ["to be" crossed out] is Still Living though I have Not Seen her for several years past and I further testify Said Francis & my Self served together as privates in the War of the Revolution at a place called Boston Neck in North kingston on the Shore of Naragansett Bay about twelve miles from his home.  This was in the year 1777 in the months of July and August as I believe in a Company Commanded by Oliver Spink & in Col Dyers regiment we Served together a month at least  What makes me better Remember him is a Circumstance which I will relate  While on Guard one night Said Francis tried to get my gun & when he found he could Not get it he said he thought I should do for a Soldier.
Rufus Shearman  his x mark

Washington Ss Exeter September 30th AD 1839 Sworn to & Subscribed before me and I further certify Said Rufus is well known to me  & he is a credible witness
Russell Joslin Justice of the Peace

Witness

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State of Rhode-Island  Washington County } SS  Exeter  April 15th AD 1837

On this day of April 1837 personally appeared before me the Subscribing authority George Reynolds a resident of said Town of Exeter aged 83 years a credable person who being first duly Sworn according to Law doth on oath declare that he was well acquainted with Francis M. Gardner of Exeter that he served with him in the Revolutionary war that he served with him in the army, in the years he thinks of 1778 & 1779  That they were in the company commanded by Capt Jonathan Bates in Col. Charles Dyer's Regiment and did duty on Rhode Island that I served with him in both years aforesaid for the term of one month
George Reynolds 

State of Rhode Island  County of Washington } Ss Exeter April 15th AD 1837
Then and there the above named George Reynolds who is a credable person made Solemn oath to the truth of the above Deposition
Before Me    Gardner Tillinghast  Justice Peace

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State of Rhode Island  County of Washington } Ss  Exeter  March 31st. 1837

I John Joslin ordained Minister of the Gospel in the Town of Exeter and County of Washington do hereby certify that there are many Marriages in the Town of Exeter which are never recorded and that in my opinion Marriages frequently take place in said Town which are never carried to the Clerk's office to be recorded  
John Joslin

State of Rhode-Island  County of Washington } Ss  Exeter March 31st 1837
Then and there the above named John Joslin who is an ordained Minister of the Gospel and is a credible witness in the said Town of Exeter made Solemn oath to the truth of the above certificate

Before Me Gardner Tillinghast - Justice Peace.

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State of Rhode Island  County of Washington } Ss Exeter March 22 AD 1837
I Thomas Phillips Jnr. Town Clerk and regester of the Records of Marriage in the said town of Exeter are verry irregular & few in comparison to the whole number of Marriages solomnised & that I do not find an entry of the marriage of Francis W Gardner and Watey West under any date.
Thos Phillips Jnr., Town Clerk & Regester 

State of Rhode Island County of Washington } Ss Exeter March 25th AD 1837 
Then and there the above named Thomas Phillips Jnr who is Town Clerk and Register of said Town of Exeter and a credible person made Solemn oath to the truth of the above certificate

Before me Gardner Tillinghast Justice Peace 
    "       "       "

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Ebenezer Smith of South Kingstown in the County of Washington of State of Rhode Island Ss, aged Eighty two years, and engaged according to Law, testifies and says

That he was well acquainted with Francis W. Gardiner, formerly of the town of Exeter in this State and County - that he remembers serving the following terms of duty with said Francis W. Gardiner, to wit, In the year 1775, this Deponent was a private in Capt. Stephen Babcocks Company - and stationed at the Smith house where Benjamin Stanton now lives on Boston Neck, to guard the shores against Wallace's fleet - Boston Neck is in said South Kingstown - and he this Deponent served six months for himself and [word crossed out] as a substitute for others, between the months of April and October of said year - And he further testifies that he well remembers that the said Francis W. Gardiner came down there and served as a private in said Company with him as follows to wit; in April in June and September - The said Francis served three Months at said station, - which was about eight miles from his home - for which he was paid and received rations, as he believes - The company consisted of of about fifty [word crossed out] rank and file - Wallace frequently landed his men to commit depredation and we had to guard against them - and he further testified and says, that in the year 1779, this Deponent was again stationed in the Station at Boston Neck in said Capt Babcocks Company. Asa Babcock was our Lieutenant, and this Deponent served six months for himself, and as a substitute for others - between the months of April and November - and he well remembers that the said Francis W. Gardiner came down there and served as a private in said company and served in the months of April, June, August and October, according to the best of his recollection, said Gardiner served every other month - he remembers the year from the

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circumstance of the British leaving or evacuating Newport - Previous to this he this Deponent had been a good deal in the enlisted services, and also afterwards in 1780, he was in Col Greenes Regiment
Ebenezer Smith   his X Signature 
Witness  Benj. Hull

State of Rhode Island Ss
Washington County Sc.
At South Kingstown June 21. [illegible] 1839 - 
Personally came Ebenezer Smith the aforesaid Deponent, and after being by me carefully examined, cautioned and affirmed, to testify the truth, the whole truth and nothing but the truth, gave the aforegoing Deposition, which was by me reduced to writing in his presence, and by him subscribed in my presence.

And I do further Certify that said Deponent is well known to me that he sustains a fair character  for truth, and that his Deposition is entitled to credit - 
Benj. Hull Just. Peace

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State of Rhode Island H.
Secretary's Office Oct 4. 1839.

I Henry Bowen Secretary of said State and Keeper of the Records and the Seal thereof:
Do Certify that at the date of the several official Certificates annexed, the said Zuriel Potter was associate Justice of the Court of Common Pleas within the County of Providence and William H Smith Justice of the Peace for the City of Providence, in said County: Gardner Tillinghast & Russel Joslin Justices of the Peace for the town of Exeter and Benjamin Hull Justice of the Peace for the town of South Kingstown in the County of Washington -  William Harrison Justice of the Peace for the town of Warwick and Ebenezer Johnson Justice of the Peace for the town of Coventry in the County of Kent, all duly elected and commissioned as appears of record.

In testimony whereof I have hereunto subscribed my name and affixed the Seal of said State at Providence, the day and year above written
Henry Bowen

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Rev
WIDOW, &C.       am

File No. 23,087
Waity Gardner
Wid' of Francis W. Gardner
Priv. Rev. War
Act: March 3rd 1843.
Index:-Vol. A, Page 265

[Arrangement of 1870.]

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5038
Rhode Island
Waity Gardner
widow of Francis W. Gardner
[text crossed out]
and who died on the 1st April 1807
of Providence Co. in the State of R. I.
who was a Private in the company commanded
by Captain Bates of the Regt. commanded 
by Col Dyer in the R. I. line for 6 months

Inscribed on the Roll of Rhode Island
at the rate of 20 Dollars --- Cents per annum,
to commence on the 4th day of March 1836.

Certificate of Pension issued the 13th day of Feby. 1845 and sent Benj Cowell Providence R. I.

Arrears to the 4th of Sept 1840             $70.00
Semi=annual allowance ending 4 Mar. 40 10.00
                                                                 $80.00

{Act July 7, 1838.}

Recorded by D D. Addison Clerk
Book A   Vol. 2d  Page 9

See letter to F Greene 19 June 1843

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Providence R. I.  May 15th. 1843

Sir

I herewith transmit the affidavits of the following pensions under the act of July 1838 for the benefit of the act of Congress of March 3d. 1843
viz   Dorothy Cole 
Dorcas Clanning
Lydia Fenner
Waity Gardner
Elisabeth Ransom
Abigail Sayles
Betsey Taylor
Susannah Wood

Be pleased to transmit their pension certificates, when performed, to my address

I am very respectfully
your obt Svt
Franklin Greene

J. L. Edwards Esq
Commissioner of Pensions
Washington. D. C.

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July 80.  Bissel. Potter.   Newport M Bates Qr. Mstr. 1 -

O3     D. Tillinghast thinks & believes - was subject to 2 years 77.8. to 15 days in classes of 3 - 79. privateers.

77 - Aug Spink - Dyer.  Boston Rock - R Shearman   pri 1
[torn] 8 - 79 -  Bates -    K. Irland generally [illegible] ea yr. G Reynolds - X
E. Smith swears to more than a year's service of alternate months -

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1128
Waity Gardner

$20 per ann

Franklin Greene
Providence R. I.

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State of Rhode Island  County of Providence } Ss

On this fifth day of May 1843 personally appeared before the subscriber a Justice of the Peace in and for said County, Waity Gardner personally known to me, a resident of Providence and county aforesaid, aged eighty years; who being first duly sworn, according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the act of Congress passed on the 3d March 1843, granting pensions to widows  of persons who served during the Revolutionary War.  That she is the widow of Francis W Gardner, decd,, who was a private in the war of the Revolution, and received a pension of Twenty dollars per annum under the act of July 7. 1838

She further declares she is still a widow.

Waity Gardner  X mark
Witness
Benjm W Gardiner

Sworn and subscribed this day and year above written }  
before me.
Franklin Greene
Jus. Peace

Providence Ss. in Providence May 5th 1843.  I hereby certify that Waity Gardner, the above declarant is personally known to me and that her statements are entitled to full credit.
Franklin Greene, Jus. Peace

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State of Rhode Island  County of Providence } Ss

I John W Smith Clerk of the Court of Common Pleas within and for the County of Providence in said state, being a court of Record, do hereby certify that Franklin Greene is a Justice of the Peace in and for the City and County of Providence, that he is duly commissioned to act as such, and is by law impowered to take depositions and other instruments and that his signature to the within is genuine.     In witness whereof I have hereunto set my hand and affixed the seal of our said Court this sixth day of May AD one thousand eight hundred and forty three. 
John W. Smith Ck
[seal stamped]