Revolutionary War Pension and Bounty Land Warrant Application File W. 8658, Farrell O'Neill Daily, Continental Va.

Page 1

(8-1776)

SERVICE | NUMBER

Continental | Daily, Farrell O'Neill | W.8658

Va. | or James Farrell O'Neil

or O'Neal, Ferrel

COMMENTS

Nancy

Page 2

6671
West Tennessee

Farrell Oneil Daily

Of Washington County in the state of Tennessee was a private in the regiment commanded Colonel Harrison of the Virginia line, for the term of 4 years.

Inscribe on the Roll of (East crossed out) Tennessee at the rate of 8- Dollars per month, commence the 14th day of May 1818

Certificate of Pension issued the 5th day of Feby 1819 and sent to Howell Rhea House of Representatives U S 

Arrears to the 4th of Sept. 1818 3.18 (illegible) 29.70 Semi-anl all'ce 4th Mar, 1819 48.00
$77.70

{Revolutionary claim;
Act 18th March, 1818.}

Page 3

Declaration
Farrell oneil Daily
for pension
Private
Col . Harrison Reg
Virginia Line
1779 - 4 years
Adm

(faint writing) (illegible) Farrel oneill
7. Oneil - W12445 100 (illegible)

Page 4

State of Tennessee}
Washington County}

Be it remembered that heretofore on the 14th day of May, 1818 personally appeared before me Thomas Emmerson and one of the (illegible) Judges of the state aforesaid, the (illegible) Farroll Oneal Daily and being (illegible) of (illegible) (illegible) of the pensions of an act of Congress of the United States entitled (illegible) to pension for certain person engaged in the land and naval services of the United States in the Revolutionary war, then and at that time made and subscribed a statement or declaration which being returned for further proof the said Farrell Oneal Daily this day being the 8th of October 1818 personally appeared before me Thomas Emmerson and made the following declaration on oath, that is to say

That he the said Farrell Oneal Daily in the year 1776 enlisted in the Continental service in the Revolutionary War in the Company of Captain Thomas West of the Tenth Regiment of the Virginia line – which Regiment was commanded by Colonel Stephens 
 of General Weedens Brigade; that he enlisted in said company & Regiment for three years which period he faithfully served out and obtained a certificate preparatory to getting his discharge but did then reenlist in the

Page 5

in the first Regiment of 
Artillery commanded by Colonel Charles Harrison in the Company of Captain Anthony 
Singleton, that on his 2nd enlistment he enlisted for the war, and continued to serve out the same and did at the end of the war obtain an Honorable discharge in the City of Richmond signed by Captain Lieutenant Lewis Booker, that after he obtained his discharge being very needy he sold his discharge and that the same is probably lodged in the War office, however he has it not in his power now to produce the same, on that account he would also beg leave to state that during his 
services under the 2 mentioned enlistments, that he was in the battle of Brandy wine, 
Germantownand many others amongst 
which was the Battle of Guilford, in which he was wounded in the left arm & has never been able to use the same [indecipherable word or words] since. That he is now a citizen of Greene County Tennessee and has resided within the United States ever since the Revolutionary War – that he never has been placed on any pension list of the United States nor has he ever ask for the same before the present, that he is now aged sixty four years & is so much reduced in his circumstances, that he stands in need of the assistance of his county for support. Sworn to & subscribed before me this 8th October 1818.
Tho: Emmerson Farrell ONiell Daily

Page 6

State of Tennessee
Washington County

Personally appeared before me Thomas Emmerson one of the Circuit Judges of the stated aforesaid the subscribing Farrell Oneal Daily to the foregoing declaration & made oath that the facts therein (illegible) and true. I further certify that I am satisfied that the above named Farrell Oneal Daily is in indigent circumstances and stands in need of the application of his Country for support. Given using my hand this 8th October 1818
Tho: Emmerson

Page 7

"I James oneil Daily, of Greene County and the State of Tennessee being weak in body but of sound memory do make and ordain this my last will at statement.  First I commit my spirit to the living God who gave it Second I recommend my body to the dust from whence it came to be there interred in a decent manner in a Christian burying ground such as my Executors shall direct.
And after Doctors expensed and funeral expenses is defrayed I will and ordain that all my personal property and debts or money that is or will be due to me shall be put in my Executors hand to pay my first and lawful debts as far as it will go.
Now I do make and ordain my true and loving sons John & Hiram Daily my true and lawful Executors for me and in my name to transact all such business on the premises with an attorney or advisory under them be it always understood that said Executors shall not be considered as accountable for any money more than comes into their hands.
And should (illegible) be any more than will discharge my first debts it is hereby willed and ordained that my loving wife Nancy shall have one third and each of her children or their heirs an equal share 
Signed Sealed and delivered this 8th day of April in the year of our Lord 1820.

James ON Daily (handwritten "seal")
Patrick M Anderson "
Catharine Daily "
State of Tennessee} S.S.
Green County

I Elijah W Headrick Clerk of the County Court in Said County do certify that the foregoing is a true copy of the last Will and testament of James ON Daily now

Page 8

-on file in my office. And I further certify that the Records of my office Shoe that the Executors herein named appeared in Court and entered into bond with Security according to law and qualified at the April session 1820 of our County Court.
Given under my hand and seal of office, at office in Greeneville the 19th day of October 18(illegible)
E.W. Headrick C.(illegible).C.

Page 9

Kentucky 9579
Nancy Daily decd,
widow of
Ferrel O'neal alias
Ferrel O'neal Daily.
James O'neal Daily.
who was a Sergeant of artillery
in the Revolution
(faint writing unreadable)
Inscribed on the Roll at the rate of 120. Dollars - Cents per annum, to commence on the 4th day of March, 1843.
+ ending 20th July 1846.
Certificate of Pension issued the 15th day of December 183(illegible) and sent to  
W.D.G. March 28 '10
*Daily, James F. O'n
alias Daily, Farrell O'n
alias O'Neal, Farrell
Isaac Coffin
Present
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book: A
Vol. 2 Page 179

Page 10

(illegible) J.N. Coffin Apr 24, 1857
" Sam N Fain Nov. 14. "
" Hon. A.G. Watkins Feb 15/58

Page 11

12012
10 April
Nancy Daily
Received June 10, 1845
Va
Act. of. July 38 _

Page 12

State of Virginia}
County of Smyth} S.S.

On this eighteenth day of June 1845 personally appeared before the subscriber, a justice of the peace in + for the aforesaid, Nancy Daily a resident of the said county of Smyth aged seventy eight years, who having first duly sworn, according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of congress, passed July 7, 1838, entitled, "An act of granting half pay + pensions to certain widows"  That she is the widow of James O'Neill Daily who was a pensioner of the United States for service rendered in the Revolution. She further declares that she was married to the said James O'Neill Daily on the twenty third day of April seventeen hundred eighty nine + that her husband, the aforesaid James O'Neill Daily died on the 20th day of April 1820: that she was not married to him prior to his leaving service, but the marriage took place previous to the first of January seventeen hundred + nineth four: viz: at the time above stated.  That she has not since intermarried with any other person that she is not able to attend personally in court by reason of bodily infirmity.
(signed) Nancy A (illegible)

Sworn and subscribed to on the day + year above written before me a justice of the peace in and for Smyth County.  I do also certify that Nancy Daily is not able to attend (crossed out) personally in court by reason of bodily infirmity.
(signed) Peter Killinger J. P.

Virginia Smyth County, to wit
This day personally appeared before the subscriber a justice of the peace in + for said county, Hiram Daily, who being first duly sworn according to law deposeth + saith: that, the (illegible) memorandum was ex-

Page 13

tracted from the family bible of his father James O'Neill Daly, that he recollects having seen said memorandum so far back as the year 1812, that it is in the hand writing of his father, with the exception of the births of grandchildren: That the first memorandum marriage was intended to be that of his father, tho' he sees that the surname is omitted, which he observes to be the (crossed out) case with the marriages of the family recorded below: That the bible containing the memorandum continued in the (illegible) of this father up to his fathers death + has since that event been in this affiant's (illegible).

(signed) Hiram Daily

Sworn to and subscribed before me a justice of the peace in + for Smyth County this June 18th 1845

(signed) Peter Killinger J.P.

Virginia Smyth County, to wit,

This day personally appeared, a justice of the peace in + for said county William Goodpasture + John M. Townsend who being first duly sworn according, say, that they have examined the annexed memorandum + (illegible) said (illegible) is in the handwriting of James O'Neill Daily, with which they are both well acquainted having gone to school with the said Daily about forty nine years since + having at present some manuscripts of the said Daily. They also depose, that they were then acquainted with the present declarant, Nancy Daily, who was then living with said Daily as his wife and recognized by him as such.

(signed) William Goodpasture
John (illegible) Townsend

Page 14

Sworn to and subscribed before me a justice of the peace in + for said county this eighteenth day of June 1845

(signed) Peter Killinger J.P.

State of Virginia
County of Smyth} S.S.

I James F. Pendleton Clerk of the county Court of Smyth, do hereby certify that Peter Kinninger is a justice of the peace in + for Smyth county, duly commissioned + qualified according to law + that the above signature purporting to be his is genuine given under hand + seal of office at Virginia this (illegible) of June 1845

(signed) James F. Pendleton
Clerk of the county court of Smyth

Virginia Smyth County to wit:

I, Henry B. Thompson presiding justice of the county court of Smyth county, do hereby certify that James F. Pendleton is a clerk of the County court of Smyth that (illegible line, page fold or torn) are genuine. Given under my hand this eighteenth day of June 1845.

(signed) H.B. Thompson (illegible)

Page 15

Virginia Smyth County, to wit,

I, James F. Pendleton clerk of the county court of Smyth, do hereby certify that James F (smudged or crossed out) Henry B. Thompson is a presiding justice of the county court of Smyth + that the above signature purporting to be his is genuine.  Given under my hand of office at Marion this eighteenth day of June eighteen hundred + forty five.

James F. Pendleton
Clerk of the County court of Smyth

(blurred image of a seal to the left of the document)

Page 16

Nancy Daily departed this Life July 20th 1846 Aged 79 years 11 month and three Days, and like a ripe shock of corn gathered into the Garner of God - her last words were Glory glory,

Page 17

On Thursday 10 O'Clock in the morning

James the 4th of March 1792 on Sunday 4 Oclock in the morning same

Page 18

677
FAMILY RECORD.
(left side of page)
MARRIAGES

James and Nancy McFaddon was married Apl. The 23rd in the year 1789
James Jur was marid to Elizabeth Clinton the 8th of January 1810
John was marrid Apl. The 23rd 1810 to Molly Peters
Hiram was marrid Augtest the 13th to Elizabeth Cox in the year 1810

(right side of document)
MARRIAGES.

John Fane was born March the 9th 1822 Saturday morning 5 o'clock

Page 19

678
FAMILY RECORDS.

(left side of document)
BIRTHS.
James O'Neill Daily was Born in Irland [Ireland] County of Caven Parish of Castle Taghenon the farm of Tantaven in the year of our Lord 1757 his father's Christian name was James and his mother's maiden name Catrine Reily his birth was on Sunday the 4th of May at 2 o'clock in the morning

(right side of document)
BIRTHS.
Nancy McFadden was Born in the year of our Lord 1767 August the 7th on Thursday 4 o'clock in the afternoon In Irland County of Monehan hir] father's Christian name was Patrick and her Mother's Name was Ufeme Riddle born in the County Down

Page 20

State of Kentucky 
Morgan County} SS November County Court 1854.

I, Francis Garrett clerk of the Court of the County of aforesaid held at the Court house in west Liberty on Monday the 27th day of November 1854 in and for the County of Morgan and state aforesaid do hereby certify that satisfactory evidence has been executed t) said Court by the affidavit of Frances A School(illegible) a resident in the Town of west Liberty + County of Morgan and William G. Pruner of the County of Morgan and both of the State of Kentucky and by the affidavit of Isaac N Coffin residing in Washington in the County of Washington in the district of Columbia which affidavits are appeared to the certificate and the affidavits to which affidavits are hereby certified to be credible persons that Nancy Daily state of Tennessee who was the widow of Ferrel O Neal alias Farrell O Neal Daily and James O Neal was a resident of the County of Smith in the state of Virginia and died  in the county of Smith in the year eighteen hundred and forty six on the fourteenth of July that her only surviving children are Hiram Daily aged about fifty (crossed out) seven years and Catharine Daily aged about fifty nine years who are both residents of West Liberty in the County of Mogan in the State of Kentucky

In testimony whereof I leave hereunto set my hand and affix my seal of office at West Liberty this 27" day of November 1854

F Garrett clk

(faint outline of a possible seal to the left)

Page 21

July 29, 1939
XXXXXXXXXXXX

Mr. B. J. Roan
Box 785
Chattanooga, Tennessee

BA-J/ady
James Ferrell O'Neill Daily 
W.8658

Dear Sir:

The data contained herein were obtained from the papers on file in the Revolutionary War claim for pension, W. 8658. based upon the military service of James Ferrell O'Neill Daily in that war.

James Ferrell O'Neill Daily was born Mary 4, 1757 in Ireland, County of Caven, parish on Molough Bareney of Castle Taghen on the farm of Tatnaven.  He was the son of James Daily and his wife, Catrine, whose maiden name was Reily.

(handwritten next to the above paragraph) (Parenthesis starting with Ireland the Tantaven) (Quotation marks on the work Bareney with an arrow below pointing to Bareney, quotation marks also written)
(this sequence next tiime arrow pointing down)
(On the farm of Tantaven )Bareney" of Castle Taghen, Parish of Molough, County Caven, Ireland

James Ferrell O'Neill Daily enlisted, place not given, in 1776, served as private, in Captain Thomas West's Company, Colonel Stevens' Tenth Virginia Regiment and was in the battles of Brandywine, Germantown, and Monmouth: length of service three years.  He reenlisted, served as sergeant and foragmaster Captain Anthony Singleton's Company, Colonel Charles Harrison's First Regiment of Continental Artillery; was in the battle of Guilford where he was wounded in the left arm, a little below the shoulder, and he served to the sloe of the war.

He moved from Smyth County, Virginia, to Green County Tennessee.

He was allowed pension on his application executed May 14, 1818, at which time he was a resident of Greene County, Tennessee.

(handwritten arrow inserted above, pointing to the right) He was a school teacher.

He died April 20, 1820, on a farm near Stone Dam Camp Ground, six miles east of Greenville, Green County, Tennessee, where he had lived.

Soldier was marred April 23, 1789, in Camden District,

-1-

Page 22

Kershaw County, South Carolina, Nancy McFadden.  She was born August 7, 1767 in (crossed out) Ireland, County (crossed out of Monehan, (handwritten) Ireland, She was the daughter of Patrick and his wife Ufeme (?), whose maiden name was Riddle (?) was born in (crossed out) the County Down.

Soldier's widow, Nancy Daily, moved with her son Hiram to Carter County Tennessee, and then to Smyth Couty, Virginia.

Soldier's widow, Nancy Daily, applied for pension June 18, 1845, at which time she was a resident of Smyth County, Virginia. The claim was allowed.

She died July 20, 1846, in Marion, Smyth County, Virginia.

James Farrell O'Neill Daily and Nancy Daily has the following children: John, James, Hiram and Catharine or Katharine.

Said John Daily married April 23, 1818, Polly Peters.  Said James Daily, Jr., married January 8, 1818, Elizabeth Clinton.  Said Hiram Daily married August 13, 1818, Elisabeth Cox.

October 14, 1854, John Daily, was aged about sixty-four years and living in New Market, Jefferson County, Tennessee.  He was a Justice of the Peace for Jefferson County, Tennessee, for many years.  He was a corpse on October 17, 1854. the exact day of his death was not given.  In 1851 Hiram Daily moved from Smyth County, Virginia, to West Liberty, Morgan Cunty, Kentucky.  In 1854 he was aged about fifty-seven years, and was then a minister of the Methodist Episcopal Church South of the West Liberty District of Kentucky Conference.  Soldier's daughter, Catherine Daily, was aged about fifty-nine years, in 1854 and living in West Liberty, Kentucky.

The following family item is shown "James the 4" of March 1792 on Sunday 9 o'clock in the morning".

Soldier's grandson, John Fane, was born March 0, 1822, Saturday morning 5 o'clock. It is not shown of which son of the soldier he was the child.

Soldier's grandson, William C. Daily, of Green County, Tennessee, was a traveling preacher, his age and the names of his parents are not designated.

-2-

Page 23

In 1846, William G. Pruner was living in Marion, Virginia, and in 1854 he was residing in Morgan County, Kentucky. Shortly after the death of the soldier's widow, said Pruner married said widow's granddaughter, her name is not designated.

In 1857 Sam N. Fain was a resident of Dandridge, Tennessee, his age and relationship to the family are not stated.  There are no further family data.

Very truly yours

A.D. HILLER
Executive Assistant
to the Administrator

-3-

Page 24

Rvy WIDOW, &c.

File No. 8659
Nancy (crossed out Dailey) Daily
Wid.
James F. O'N. Daily alias Farrell O'Ne (illegible)
(line crossed out)
alias Farrell O'N Daily
Sergeant of Artillery
Act: March 3, 1843 + June 17, 18 (illegible)
Index:-Vol. A, Page 168
[Arrangement of 1870.]

Page 25

1939 June 29 Hist (blurred, illegible)
Roan. See his (blurred, illegible)
in William Clintons (blurred, illegible)
R. 2053 AD.Y.

1939- Aug 26 - Further info to B.J. Roan MMF

Page 26

31
13
___
18    4
___ ___
31   3a)

4.64
1.06
___
5

Page 27

Request by James N Coffin to see papers in the case of Nancy Daily Act of July 7, 1838 - Power being on file among the papers.

Page 28

I request permission to see the papers in the case of Nancy Daily widow of Ferrell O'Neill Daily of (inserted) Tennessee under the Act of July 7, 1838. My Power is filed with the papers.
Isaac N. Coffin

Chief Clerk Pension Office
March 18th 1854

Page 29

Capt Thos West - 10th Va Regt Col2.
Farrel Oneale enlisted for 3 yrs August 3d 177 to Sept 1, '77
Desterted June (3 crossed out) 1778
previously sick in Hospital + on Furlough

Page 30

Daily, Farrell O'Neill
James Farrell On' Neil
or
O Neal Ferrel.
Nancy.
AW

Page 31

3-342
(Old No. 3-059)
_ _ _ Div. _ _ _ , Ex'r.
_ _ _ No. _ _ _  Department of the Interior,
_ _ _ BUREAU OF PENSIONS,
Co. _ _ _ Reg't_ _ _ 
The above title should be indorsed on every paper relating to this claim. 
Washington, D.C., _ _ _ , 190_ _ _
SIR: In response to _ _ _

Page 32

Nancy Daily Va.
W Johnson Aug 11 1865
" " " Nov 19 1865
I N Coffin Oct 7 1853
" " "  Mch 10 1854
" " " Apl 27 1854
" " " May 6 1854
" " " July 24 1854
" " " 3d And Nov 7)/54
I. N. Coffin Nov. 7/'54
July 7, 1838

Page 33

Louisville (Ky) Agency
Nancy Daily, who is the widow of Ferel O'Neal, alias Ferrell O'Neal Daily, and James O'Neal Daily.

And Act July 7, 1838, March 30, 1843, June 17, 1844.

2 year Sergeant of Artillery $120 per Annum

(illegible) March 4, 1836 (illegible) July 20, 1846, when she drew (illegible) two years

Payable to 
Hiram Dailey + Catharine Daily only children &c

Isaac N. Coffin
Present

Page 34

11726
Kentucky

Nancy Dailey, dec'd.
window of Ferrel O'neal, alias Ferrel O'neal Daily, alias James O'neal Daily
died on the 20th April 1820 - - -  of - - - in the State of - - -  who was a Sergeant in Artillery commanded by Captain - - - of the - - - commanded by - - - in the Revolution line for two years.

Insribed on the Roll of Louisville at the rate of 120 Dollars 00 Cents per annum to commence on the 4th day of March 1836.

Certificate of Pension issued the 15th day of December 1854. and sent to

Arrears to the 4th of Isaac N. Coffin. Semi-annual allowance ending Present
{Revolutionary Claim,}
{Act July 7, 1838.}

Recorded by G.T. Getty Clerk,
Book D Vol, 1 Page 365

Page 35

State of Kentucky}
County of Morgan}

On this the twenty third day of January A.D. 1854 personally appeared in open court, before the Court of Morgan county now sitting, Hiram Daily a resident of West Liberty in the county of Morgan and State of Kentucky aged fifty six years, who being first duly sworn according to the law, doth doth on his oath make the following affidavit, in order to further (illegible) the right of Nancy Daily (his mother) deceased,  widow of James Farrell ONeill Daily, alias James ONeill  Daily alias Ferrell ONeill Daily alias Farrell Oneill Daily. That he the said James Farrell ONeill Daily seldom used his entire name as he said it was bothersome, and that and that to the personal knowledge of Affidavit he Sometimes omitted a portion of the middle name, Alternatively Signing his name James Farrell O Neill Daily + Farrell O Neil Daily+ sometimes James O.N. Daily. That he was a pensioner of the United Stated, that he was at that time a resident of Greene County Tennessee, and that he died on the Twentieth day of April in the year Eighteen hundred and Twenty, and that after he died applicants Mother (Said Nancy Daily) (two words crossed out) was left without any means whatever, and that she fell upon Applicants hands to take care of her, that in the year Eighteenhundred  + Forty, Applicant moved from Tennessee to Smyth County Virginia, taking his Mother, said Nancy Daily along with him, where she died on the Twentieth day of July in the year eighteen hundred + Forty Six

Page 36

and that on the Seventh of May eighteen hundred + fifty one he moved from Virginia and on the 34th day of the same Month he landed in West Liberty Kentucky where he now resides, and that one of the leaves annexed was cut from From the family bible of Jame Farrell O Neill Daily and the writing on said leaf is the writing of said James Farrell O Neill Daily, and Applicant asks  comparison of it, with the letter of Farrel O Neill Daily to the government asking a pension, + also with the family record sent by (inserted) his mother in claiming his pension as proof of the identity of the hand writing, Other leaf was cut from a book that belonged to James Farrell O Neill Daily,+  presented by him to his daughter Catharine Applicants Sister + in his possession ever Since the Death of Said James Farrell O Neill Daily that Applicant well knows + is familiar with the hand writing of his said father, knows it just as well as his face + knows the writing on the two leaves annexed to be the writing of his said Father James Farrell O Neill Daily.  That Applicant has a distinct recollection of hearing his said Father often speak of having " So much name" and Say "he did not often use it all" and that Applicant has acknowledged his fathers life time and that he sometimes signed his name Farrell O Neill Daily, sometimes James F O Neill Daily + sometimes James O.N. Daily, That he has heard his said father say tht the length of his own name made it so inconvenient that it

Page 37

prevented him from giving double names to any of his own children. That at the time of his fathers death he had the Appearance of quite an aged Man + he certainly was such. and was So generally considered in the community.  That his father was a Man who drank a great deal of Spirits and he chose to do much of his writing when he was under its influence and Must have Made a Mistake when entering his age in the family register. Sworn to + Subscribed the day and year above written.

Hiram Daily

And the Said Court do hereby declare their Opinion after the investigation of the Matter, that the Above Mentioned James Farrell O Neill Daily was the Identical person who Was a United States pensioner, and whose widow was Nancy Daily, both being the parents of Hiram Daily, the above Applicant and Said officant was also Sworn before me in Open court on the date of above.

William Lykins county of (illegible)

I Francis Garrett Clerk of the Court of Morgan do hereby Certify that the foregoing contains the original proceeding of the said Court in the matter of (illegible) of the claim of Nancy Daily to a pension as Widow of James Farrell O Neill Daily . I further certify that the two leaves annexed were cut on by some one out of an old quarto Bible + the Other out of an Old book in possession of Catharine Daily + by me annexed to this document. } 

F Garrett clk

Page 38

James F O Neill Daily his Holy Bible (illegible) give him given them to look for only but understand
Gods holy (illegible) and (illegible) Commons

Page 39

This Book is a present him by the (illegible) to Katharine Daily. (illegible) live her (illegible)to look therein not Only to look but understand (illegible) Holy (illegible) of (illegible)
July 26th 18(illegible)9 James O N Daily

Page 40

Daily

Page 41

State of Tennessee}
Jefferson County}

Being called upon by My Mother, Hiram Daily to declare on Oath my knowledge of Fathers Given names + the fact of his being a United States + Pensioner  I would state that I am the oldest son of James Farrell OO Neill Daily + am about sixty four years old, My father died the 20th of April 1820 & I am certain must have been between seventy + eighty years old, he died in my arms near stone dam camp ground Six Miles East of Greenville in Greene county in this state, at the time of his death he was a United States pensioner to my (underline) certain knowledge he Served Strong most is not all the revolutionary war/ according to his own statements) and was in Many battle Amongst which was the Battles of Monmouth, Germantown, Brandywine + Others, at the Battle of Guilford he was wounded in the left arm a little below the shoulder, I have seen the scar numerous times,+ often seen him exhibit it as a proud trophy of his Vallor, the scar was Very long showing that the wound had been a Severe and, he was lame from that wound to the day of his heath, he made a will before he died, appointing myself + Brother  Hiram Executors, we give bond as required by law + and add as (illegible) & Brother Hiram Daily (now present) who obtains this  affidavit from me is the Identical Hiram named in My fathers will, and is my own Brother, & I truly & fully without fee or reward or any other consideration relinquish to him all my  legal right & interest to a pension claim of my Mother Nancy Daily + for the following reasons, that is to say when my father died he was very poor + my Brother Hiram (now present) took over Mother + took care of her till her heath, which Occurred in Marion Smythe county Va on the 20th July 1846 + that he still has the care of Sister Catharine Daily on his hands she being now aged + infirm + not able to take care herself, In (illegible) have in (illegible) these considerations claimed any interest in said pension + name will, hence my Testimony is in (inserted) no share for my own benefit Direct or (illegible)

Page 42

My fathers full name was James Farrell O Neill Daily but he seldom used the full names, sometimes he signed it J. F. On. N Daily Sometimes James O Neill daily + Sometimes Ferrell O Neill Daily, but his most common Way of Signing his name was James O N. Daily, So that Farrell O Neils Daily + James O Neill Daily + James F. O Neill Daily is and + all the Same Identical Man, (My Father) I further state that at the time of his death his estate would not pay his debts + myself + my brother Hiram paid them out of our own monies, The Honorable John Blair of Tennessee arranged his papers for him in regard to his pension claim, + when Government allowed his claim the papers were Sent to the Honorable John Rhea of Tennessee who was then a member of congress but who died a number of years ago. I farther State the affidavit on the other side of this sheet is that of my own brother Hiram the son of my father James Ferrell O Neill Daily the United States pensioner + of My mother Nancy Daily who was the wife (inserted)  + widow of my father + died in Marion Smythe county Va on the 20th of July 1846 + that I (illegible) my brother Hiram (now present) Sign his name to the same with his own hand in my presence given under my hand at my own Residence in New Market Jefferson County Tennessee this 14th October 1854

John his X mark Daily

Sworn to + subscribed before me this 14th October 1854

Robt. W. Peirce (circled) Seal
Justice of the peace
of Jefferson County

Page 43

State of Tennessee}
Jefferson County}

I certify that I am well acquainted with John Daily whose affidavit appears on the other side that he is a man of high standing + respectability he has acted as a justice of the peace in + for this county for many years + his statements are entitled to full faith + credit. given under my hand this 14th October 1854

Robt. W. Peirce (circled) Seal
Just of the (inserted) Peach of Jefferson County

This is to depose that I have left my home in Morgan County Kentucky, at great cost + a heavy sacrifice of my business to hunt up persons who knew my father that I might establish claim for my mother to a pension, + to vindicate my own character fir truth and integrity which is of more moment to me than the money involved For this purpose have obtained the (illegible) of John M Townsend & William Thomspon of Smythe county Va & John Matthews & William Stanfield of Greene county Tennessee and John Daily of Jefferson county Tennessee & (illegible) I get home will have travelled more than 700 mile through a rough mountainous country to prairie rtn same
given under my hand this 14th Oct 1854
Hiram Daily

Sworn to a+ subscribed before me this 14th October 1854
Robt, W. Peirce (circled) Seal
justice of the peace
in + for Jefferson County

Page 44

State of Tennessee
Jefferson County} I James Nicholson, Clerk of the County Court in and for the county of Jefferson and State aforesaid, do certify that Robt W Peirce Esq whose genuine signature appears to the foregoing certificate (illegible) was at the time of signing the same a Justice of the peace in + for the County of Jefferson aforesaid in the State of Tennessee duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit, and that the aforesaid county court is a court of Record having at general jurisdiction. Given under my hand at Office in Dandridge this 16th day of October 1854-

James M. Nicholson Clerk
of the County Court of Jefferson County

(faded outline of seal to next to the signature of the Clerk)
(written on lower half of the document) Daily

Page 45

State of Virginia: County of Smyth

This day Nancy Daily appeared before me a justice of the peace in + for the county aforesaid + being duly sworn according to law makes the following additional declaration in order to obtain the benefit of the Act of Congress passed July 7th 1838 entitled "An act granting half pay + pension to certain widows."  That she was married to James O'Neal Daily in the District of (inserted) Camden Keshawn (inserted) County in the State of South Carolina, that she said James O Neal Daily, resided in Greene County in the state of Tennessee when he applied for pension that his pension was drawn for him by the Hon. John Blair, then a member of Congress from that District, but she does not know what agency it was payable.  She also declares that she cannot attend personally in court by reason of bodily infirmity.

Nancy her X mark Daily

Sworn to + subscribed before me a justice of the peace in+ for said county.  I do also certify that Nancy Daily is unable to attend personally in court by reason of bodily infirmity. Given under my had this 20th day of August 1845

James P. Strother J.P.

Page 46

State of Virginia: County of Smyth, To wit

I, James F. Pendleton Clerk of the County court of Smyth County, do hereby certify that James P. Strother is a justice of the peace in + for the county aforesaid that the above signature purporting to be his is genuine: I do also certify that the original declaration of Nancy Daily for a pension made before Peter Killinger + this additional declaration made before James P. Strother, were, this day, were presented to the county court of Smyth counting + the proceedings of the said Killinger + Strother had therein (illegible)tioned by the court.  Given under my hand + seal of office at Marion this August 20th 1845

James F. Pendleton clk
of Smyth County Court

Seal to the left, SMYTH COUNTY COURT VIRGINIA around outer edge

Page 47

This is to certify that Dr, Hiram Daily is and acceptable Local Preacher in the Methodist & church South in west Liberty. (illegible) - given under my hand as Presiding elder of West Liberty District of Kentucky conference this Sept. 2d 1854

Elhanah Johnson P.E.

Page 48

District of Columbia}
County of Washington} SS

 On this 11th day of November 1854 before me a Justice of the Peace duly authorized by law to administer oath, personally appeared before me Isaac Coffin a person whom I certify to be respectable and entitled to credit, who being duly sorn deposed that he is a resident of Washington in the County and District aforesaid that the annexed letter dated Pension Office Nov 7th 1854" and signed by L.P. Waldo Commissioner, and addressed to him said Coffin, is the original (illegible) addressed to him by the Commissioner of Pensions, as the Attorney in the case of Nancy Daily dec'd; mentioned therein and the annexed "printed sheet" dated June 1, 1853 *(illegible, smudged) original printed sheet alluded to said letter so forms a part of it.  That the following are correct extracts from the evidence on file in the Pension Office in the said case.

Extract from the Affidavit of Thomas Johnson and Joseph Johnson of Greene County, Tennessee approved by the Official Certificate of the Justice before whom sworn to be "credible persons." on April 3rd 1854 they swear as follows "Nancy Daily was left at her husbands death entirely "destitute, that she fell upon the hands of her son Hiram who afterwards moved to Virginia "taking said Nancy with him where she died."

Extract from the Affidavit of John M Townsend (inserted) (illegible) State of Virginia Smyth County (crossed out) proved by the Official Certificate of J. G. Thurman Esq.  the Justice of the Peace before whom sworn follows "I am well acquainted with John M Townsend whose Affidavit appears "on the other side of this leaf marked No 1 and sworn to before me he is a man of undoubted credibility "and truth and was an acting Justice of the Peace for this County for very many years." - Said "John M Townsend Swears on 4th October 1854 "Hiram Daily (now present) with his "mother Nancy Daily removed back from Tennessee to this County [Smyth Couty Virginia] "said Hiram Daily took care of his mother till the time of her death which I think "occurred in July 1846."

Extract from the Affidavit of William Thompson proved by the Official Certificate of J.G. Thurman Esq the Justice of the Peace before whom his Affidavit was taken to be as follows, I am well acquainted with William Thompson whose Affidavit appears on the other "leaf of this sheet marked No 2, + certify that he is a man of respectability and standing + his statements "are entitled to full faith + credit."  Said William Thompson in Affidavit headed "State of "Virginia Smuth County" on 4th October 1854 Swears as follows: "Hiram Daily removed "from Tennessee to this place bringing his mother Nancy Daily who was the widow of James "F O Neill Daily with him + taking care of her till her death in 1846."

Extract from the Affidavit of John Matthews proved by the Official Certificate of the Justice of the Peace before whom his Affidavit was taking to have "an Acting Justice of the Peace for this County "[Greene County Tennessee]"for Twenty five years + in a man of character + credibility, on Oct 11th 1854 swears as follows that he has "been a "resident of Rhea Town Greene County Tennessee where "he has" resided for the last forty years and "I never knew any other Daily in the County but his two sons John + Hiram + if there had "been any other I must have known them" "his widow Nancy Daily fell upon the hands of her "son Hiram to take care of + he removed with her to Carter County in this State and from there to "Smyth County in Virginia where I learn she died"

Extract from the Affidavit of the Hon bl John Blair of Tennessee, proved by the Official Certificate of the Hon bl N. G Taylor of the United States House of Representatives as follows "House of Rep: July 20, 1854. I certify that I am personally acquainted with Hon John Blair formerly for many years a member of Congress from Tennessee who

Page 49

(illegible, smudged) and am not for the prosecution of the herein before mentioned pension case of Nancy Daily, and that the words "of" and "Virginia in the 17th line of the 1st page of this sheet were erased, and the words (illegible, smudged) " "State of Virginia" were interlined between the 16 and 17 lines prior to execution of this paper, - and that words "[Farrell O Neil]" were interlined between 12 & 12 (illegible, smudged) of 2nd pages  - and the words "am not interlined or concerned in the prosecution of (Illegible, smudged) paper.

Sworn before and certified by me - 
{B K Morsell J.P.

Page 50

District of Columbia, 
WASHINGTON COUNTY, to wit:

I, JOHN A. SMITH, Clerk of the Circuit Court of Columbia, for the County of Washington, hereby certify, that Benjamin K. Morsell Esq before whom the above and annexed affidavit was made, and who has hereto subscribed his name was at the time thereof a Justice of the Peace, in and for the County and District aforesaid, duly commissioned and qualified, and that his signature therein is genuine.

In testimony whereof, I have hereunto subscribed my name and affixed the seal of said Court, this 11th day of November 1854.

Jno. A. Smith CLK

(faint round outline of seal to the left of signature)

Page 51

State of Kentucky}
County of Morgan} SS

On this 21st November 1854 before me a Justice of the Peace duly authorized by law to administer oaths, personally appeared Mrs Francis A Schoolfield, a person whom I certify to be respectable and entitled to credit, who being sworn deposed that she is a resident of west Liberty Morgan County and State aforesaid, and that she resided in the town of Marion in Smythe County Virginia in the year 1846 and that she was intimately acquainted with Nancy Daily, late of Tennessee, + that she died in Marion in the summer of 1846. She thinks in July but is not positive as to the month but is sure it was warm weather. She is enabled to identify the time by the birth of one of her children which occured previous to the death of Mrs Daily, she further states that she believes Hiram Daily age about fifty seven years and Catherine Daily aged about fifty nine years are the only surviving children of said Nancy Dailys pension in the (illegible) whereof the said Francis A. Schoolfield has hereunto set her hand and seal this 25th November 1854

Frances A Schoolfield (circled) Seal

Signed Sealed Sworn to and acknowledged before me this 25th November 1854

Jno S. Mahan J.P.

Page 52

both (crossed out) both persons of Good character who stand unimpeached + their characters for truth + integrity is unimpeachable + what they state may be relied upon. And I further certify that I have no interest in, and am not concerned in the prosecution of Nancy Dailys pension claim, the word both at the top of this page erased before signed Jno. S. Mahan J.P.M.C

Page 53

Pension Office
Nov. 7, 1854

Sir:

I have very carefully re-examined the testimony in the case of Nancy Daily, dec'd late of Tennessee, who was the widow of Ferrel O'Neil, alias (underlined) Farrell O'Neil Daily, alias (underlined) James O'Neil Daily in connection with the additional testimony which accompanied your communications of the 31st ult. and have decided to admit it under the Act of July 7, 1838, for two years service of her husband as a Sergeant of Artillery. But before I can issue a certificate for the arrears, a Court of Record must certify when Nancy Daily died, and state the names and ages of the children now living.  For the kind of testimony in which the finding of the Court should be based, see the second regulation on the accompanying printed sheet.

I am respectfully
Your Obt. Servt.
LP Waldo
Commissioner

Isaac N. Coffin, Esq.
Present.

Page 54

Pension Office

June 1, 1853.

For the purpose of preventing the numerous frauds that are daily attempted upon this office, the following rules, having been approved by the Secretary of the Interior, will be strictly enforced:

!.  In all applications for pensions, renewals of pension, and for bounty land, the signature of the applicant must be attested, and his or her personal identity established by the affidavits of two witnessed, whose residences must be given, and whose credibility must be sustained by the certificate of the court magistrate before whom the application is verified.

2, No certificate of facts found by any court will be deemed sufficient in any case, unless the facts are certified to be within the personal knowledge of the Judge who shall sign the certificate; or names and places of residence of the witnesses by whom the facts are established be given; or their affidavits, properly authenticated, be appended to the certificate.

L. P. WALDO,
Commissioner.

Page 55

I John Matthews being sixty six years of age + a resident of Rhea Town Greene County Tennessee where I have resided the last forty years Depose + say that in April 1820 I made a coffin for James Farrell O Neil Daily who died near Storm Dam camp ground 6 miles East of Greenville and I understand he was a united states pensioner at the time of his death. I never knew any other Daily in the county but his two sons John + Hiram + if there had have been any others I must have known them, at the time of the old Mans Death his widow Nancy Daily fell upon the hands of her son Hiram to take care of + he removed with her to Carter County in this state + from there to Smyth County in Virginia where I learn she died.

I am well acquainted with Hiram Daily (now present) the son of said James Farrell O Neill + Nancy Daily, he lived of years at the place his father said Sames Farrell O Neill Daily died.

Sworn and subscribed before me this 11th October 1854.

John Matthews
Allen Roberston J.P.

This is to certify that I am well acquainted with John Matthews whose affidavit appears above he has been an acting Justice of the peace for this county for twenty five years,+ is a man of character + credibility given under my hand this 11th October 1854.

Allen D Robertson
Justice of the peace for Greene County

Page 56

State of Tennessee Greene County

This is to certify that I was acquainted with James Farrell O Neill Daily who died near Stone Dam camp ground six miles east of Greenville.  I lived a near neighbour to him at the time of his death. (following sentence is crossed out) Daily at the time of his death was quite an old man, I am well acquainted with his son Hiram Daily (now present) and knew (crossed out) Nancy Daily the widow of said James Farrell O Neill Daily, + that Hiram Daily (now present) the son of said James Farrell O Neill + Nancy Daily took care of his mother (said Nancy) for a number of years upon the place where the old man Died + there removed to carter county in this state taking his mother said Nancy Daily with him + I learned he moved from there to Smythe county Va where the Old lady died, I was born + raised in this county and have lived in this county all my life.   I never knew any man in the county by the name of Daily, but James Farrell O Neill Daily + his two sons John + Hiram except at Travelling preacher by the name of William C. Daily who is a Grandson of the old man J.F.O.N. Daily. + if there had been other Dailys in the county I think I would knave known it, as I am now sixty four years old + have never lived out of the county, Where Hiram Daily left this county he was a minister on the Methodist Episcopal church
If there ever were any other Dailys in the county I have no recollection of them, I understood the old man James Farrell O Neill Daily was a united states pensioner at the time of his Death. + that he sometimes signed his name Jame O Neill Daily +sometimes Farrell O Neill Daily given under my hand this 12th October 1854
Wm Stanfield

Sworn to + subscribed before me this 12th October 1854

Lewis Rankin
Justice of the peace for Greene County

Page 57

This is to certify that I am well Acquainted with William Stanfield whose affidavit appears on the Other side he is a man of high standing + credibility and his statements are entitled to full faith + credit given under my hand this 12th October 1854

Lewis Rankin Seal (circled)
Justice of the peace for Greene County

State of Tennessee}
Greene County}

I Elijah W. Headrick Clerk of the County Court of Said County, do certify that Allen D Roberston Esq. and Lewis Rankin Esq. whose genuine official Signature appears to the foregoing proceeding are and were at the date thereof acting Justices of the peace in and for the County State aforesaid duly commissioned and qualified according to law, and that full faith and credit should be given to the Same as their official act.
Given under my hand and Seal of office at office in Greeneville this 12th day of October AD 1854

E.W. Headrick (illegible)

(faint, round image of a seal to the left)

Page 58

Washington Dec 9th 1854

Sir:

I herewith transmit in the Revolutionary pension case under the Act of July 7, 1838 of Nancy Daily late of Tennessee widow of Ferrel O Neil alias (underlined) Farrell O Neil Daily vel (underlined) James O' Neil vel (underlined) James O'Neil the Certificate of Court designated in your last letter to me in this case.  Request that the Certificate may be issued as soon as may be practicable.

I am Very Respectfully Your Obdt Sevt

Isaac N Coffin

Loren P. Waldo Esq.
Commissioner of Pensions
Washington D.C.

Page 59

Pension Office
8th April 1854.

(illegible) Tennessee Roll} Farrell Oneil Daily
Act 18th March 1818} To what time paid?
$96. per annum} When did he die?

If any averages were due after his death - please state when, and to whom they were paid.

S. Cole
For Court

Francis Burt Esq
Third Audition.

Page 60

Nancy Daily
widow of
James O Neill Daily
Va (illegible)
Letter to Isaac Coffin
April 27, 1854
Same May 6, 1854

Act July 7, 1838

Page 61

Ferrell Oneil Daily Act 1818 $8 per month. Died 20 April 1820, arrears paid to John Daily + Hiram Daily, Executors of the deceased pension in the 28 June 1820

F, Burt
Auditor

Page 62

Nancy Daily
Va - Sus - 1838
Cole
Isaac N. Coffin Eq
Present

Page 63

Washington Oct 31. 1854.

Sir:

Being about to transmit to your Office additional evidence in the case of Nancy Daily, and desiring them to be considered (underlined) in connection with the identity of the signature of Hiram Daily as Executor of the WIll of Farrell O Neill Daily, I have therefore respectfully to request that a loan for a few days of the (underlined) original papers on the payment of the balance of Pension of Farrell O Neill Daily, be requested by a letter from you to (crossed out) S.S. Rind Acting 3d. Auditor, Treasury Department.

Very Respectfully You Obdt Sevt
Isaac N Coffin

Loren P Waldo Esq
Commissioner of Pensions
Washington D.C.

Page 64

(round stamp) JONESBOROUGH JUN 8 (illegible)

5

Rev. Hiram Daily
West Liberty
State of Kentucky

Page 65

Recd Hiram Daily Jonesborough June 6 1854

D Sir
on the next leaf you will find my affidavit respecting my knowledge of your father, mother + family as full as I am enabled to make it, + if the facts stated will serve your purposed, I will be gratified respectfully 
your obt servt
John Blair

House of Rep July 20th 1854 
I certify that I am personally acquainted with Hon. Jno. Blair for nearly as many years a member of Congress from Tennessee who I (crossed out words) am informed made + subscribed the within deposition, + know him to be a gentleman of the highest respectability + worthy of entire credit in any statement he may make

R S Taylor
MC.

Page 66

Date of Tennessee}
Washington County}

I John Blair do certify on oath that I personally knew Farrell ONeil Daily (so called) from the year 1819 up to the day of his death. that he resided in Greene County Tennessee about six miles East of Greenville. that he applied for + obtained a pension for Revolutionary service + that I aided him in obtaining the pension, + drew it for hm at the Knoxville Agency.  I also know his family consisting of a wife whose name was Nancy + sons one of whom is named Hiram, who resided after the death of his father on the homestead + kept his mother for a time, then removed to Carter County with his mother, where he remained some years, + then removed to Smyth County Virginia + as I have understood from there to Kentucky ( M Daily was an intemperate man)

I further state that I was a member of congress from 1822 to 1833 representing Greene County where Farroll Oneil Daily resided as well as the other county of the District) + personally knew most of the voters + there was no other man (underlined) of the name of Daily a (illegible) within the congressional District to my knowledge and I think f there had been, my acquaintance would have enabled me to know it.

John Blair

Sworn and Subscribed before m this 3d June 1854

W.A. Smith J. Peace

State of Tennessee}
Washington County}

I W. H. Smith Clerk of the County Court of the said Couty do certify that W A Smith Esq whose name appears to the foregoing affidavit is now and was at the time of signing the same was acting Justice of the Peace in + for the said County duly commissioned + qualified and that the foregoing signature of his is genuine. In witness whereof I have hereunto set my hand and seal of office at this office in Jonesboro this 3rd day of June 1854 

W H Smith Clerk 

(a faint circular image behind the signature of John Blair, illegible)

Page 67

New Market Tennessee Oct 17th. 1854
Mr J. N. Coffin Esq

Dear Sir I have took the Tour of Wester Va & Tennessee for the purpose of establishing My Mothers Pension claim + Vindication of my own character, which I think the enclosed Documents will show that I have successfully done.  I have took this trip at no trifling sacrifice (to me) of Both time + money. Against I get home I will have been gone some six weeks & travelled between 7 & 8 hundred miles attending to this business soley & at a heavy expense. After a lapse of near 35 years since my fathers Death it is not to be wondered that I could find few whose recollections would be Very clear About him, &  it is to no matter of surprise that I have been Able to get as clear & positive testimony as I have, for I think the proof herewith Transmitted of is (underlined) clear (underlined) positive and (underlined) unequivocal, and if this fails to Satisfy neither would they  now be persuaded the one were to arise from the dead, but I entertain no doubt Government will be Satisfied with the enclosed Voucher & the claim at once allowed, which it ought to be with (interlined) interest.  John Dailys affidavit, has his mark the reason of which is he was Sick and unable to sign his name hence his mark, he is now a corpse, I enclose with the papers the Certificate of my Presiding Elder Showing my office & standing in the Methodist church, & if it were Necessary I could provide a host of certificates, to Show that my bare

Page 68

word is never disputed where I am know &with the testimony enclosed I hope that Government will not now (underlined) consider that I have sworn Falsely (underlined) or Deceitfully, So soon as government has Decided you will address me at my residence in West Liberty Ky.  When I shall wish probably to consult you in regard to some other pension claims.

Th thing the Government Seemed to require of me was to show that Farrell O Neill Daily & James O Neill Daily was the same Identical man, that Nancy Daily was his widow + that O was their son, All this I have now Done so far as human testimony can show it, + that by the most credible Testimony & I think must be abundantly (underlined) Satisfactory & I think by comparing All (underlined) the evidence heretofore advanced you will find no discrepancy, but a completely connected chain increasing in strength & clear[ness] up to the closing link, the affidavit of John Daily,  I hope to hear from you soon

Yours most truly
Hiram Daily

Page 69

Affidavit No (1)

State of Virginia Smyth County Being called up by Hiram Daily (now present) to state what I know in regard to his father & mother, I would state that some fifty years ago I was Well Acquainted personally with James F ONeill Daily that I went to School to him that he was then and old man that he moved from here to Greene County Tennessee with his wife + children his childrens'  names were John, James, Catharine & Hiram, I learned that the olde man died  in Greene County Tennessee in 1820 + from my persona; knowledge of him he must have been quite an old man say between 70 + 80 years of age, My own father was a Revolutionary Solider & I often heard Daily + my Father talk about their serving in the war but the lapse of time has been so great I cannot now remember what battles they were, but am certain from his own statements that he was a revolutionary soldier.  In the fall of 1840 Hiram Daily (now present) with his mother Nancy Daily removed back from Tennessee to this county Said Hiram Daily took care of his mother till the time of her death which I think Occurred in July 1846 Hiram Daily  remained a city in of this County till May 1851 when he removed to West Liberty Ky Morgan County where he still resides.  I farther testify that Nancy Daily was the widow of Jame F Oniell Daily Deceased above alluded to + Hiram Daily (now present) is the Son of said Jame ONeilll + Nancy Daily + that his character for both Integrity Stands unimpeachable, I+ that he is a minister of the Gospel in good standing in the Methodist Episcopal Church South given under my hand this 4th October 1854 I also state he sometimes signed his name in full + sometimes only in part. Sworn to + subscribed before me this 4th October 1854

John M (illegible)
J.G. Thurmonn JP SC

Page 70

Smyth County State of Virginia

I am Well Acquainted with John M Townsend whose Affidavit appears on the Other Side of this leaf marked No (1) + Sworn to before me his is a man of undoubted credibility + truth and he was An Acting Justice of the Peace for this County for Very Many Years. I am also Well acquainted with William Thompson whose affidavit appears on the other leaf of this Sheet Marked No (2) + certify that he is a man of respectability + standing + his statements are entitled to full faith + credits given under my hand this 4th October 1854

The (illegible) at the bottom of John M Townsend affidavit in these words.   I also state that he sometimes signed his name in full + sometime only in part was written in my presence before signing + swearing to Oct 4th 1854

J. G. Thrumon J.P.S.C.

State of Virginia} Ss
Smyth County}

I James F. Pendleton clerk of the Court of the County and state aforesaid do hereby certify that John G Thurmon n whose genuine signature is attached to the above Certificate is an acting Justice of the Peace in and for said County duly commissioned and qualified as such written to give full faith and credit in all his official acts.

In witness whereof I have hereunto set my hand and affixed the seal of Said Court at Office in Marion this 4th day of October A D 1854

James F Pendleton clk of S.C.Cl. Va

Page 71

Affidavit No (2)

State of Virginia Smyth County

This is to testify that something like fifty years ago I was acquainted with one James F ONeill Daily I went to school to him, he professed to be a revolutionary Soldier + I have no Doubt was such, I have often heard him speak of being in some battles in the revolutionary struggle, one of which I think was the battle (inserted) Brandywine + others, he removed with his family from this place to Tennessee where I learned he Died in Green County in April 1820 his family consists of his wife Nancy, three sons John James + Hiram + one daughter Catharine in the fall of 1840 said Hiram Daily removed from Tennessee to this place bringing his mother Nancy Daily who was the Widow of Jame F ONeill Daily with him + taking care of her till her death in (crossed out) 1846 in 1851 Said Hiram Daily removed to West Liberty in the county seat of Morgan County Ky + said Hiram Daily (now present) is the son of said James F ON + Nancy Daily , the old man was in the habit of Drinking + at the time of his Death IN 1820 he must have been between 70 + 80 years of age.

I make the Above Statement at the request of Hiram Daily who is now present [seeking] testimony to establish the claim of his Mother Nancy Daily to a pension. I also testify that said Hiram Daily is a man of strict veracity, and a Minister in good standing in the Methodist Episcopal church South, given under my hand this 4th October 1854
William Thompson

Sworn to + Subscribed before me this 4th October 1854

J.G. Thurmon J.P.S.C.

Page 72

To the Hon (name crossed out) the Secretary of War of these United States-

Sir in conformity of an act of Congress passed March 10th (illegible) (illegible) applicant states that he was a Soldier of the (illegible) Continental establishment and fought the end of the war- Your applicant States that he Inlisted in the Year 76 in the Company of Capt. Thomas West of (illegible) Virginia Regt. Commanded by Col. Stephens in (illegible) Brigade & was there three years which he served then Intestated in the first Fight of Artillery Com by Col. (illegible) Harrison and in the Com of Capt.  Anthony Singleton which (illegible) was During the war that he served in (illegible) regiment as Sergeant and (illegible) to the end of the war and rec'd his discharge in the city of Richmond signed by Capt. (illegible) Lewis Booker then Com. of Artillery and that (crossed out) Sd Discharge is lodged in the (crossed out) (illegible) office in the City of Washington (illegible) (illegible) Applicant states that he is bound down age (illegible) in ready (illegible) circumstances and Infirmity and an object of his Gratefull Countys Compensation therefore forego the Benefit of the (crossed out)

Page 73

Act of Congress entitled "An Act to provide for certain persons engaged in the Land and Naval Services of the United States in the Revolutionary War"

Farrell O,Neill Daily

State of Tennessee
First Circuit

This day personally appeared before me Thomas Emmerson on of the Circuit Judges in and for the State aforesaid then above named Farrel ONeill Daily and made oath that the statements (illegible) in the foregoing Petitioner which he subscribed in my presence are true. Given under my Hand this 14th day of  May 1818 - 

Tho. Emmerson

I further certify that I am (illegible) that the above said applicant is in (illegible) and circumstances + needs the acceptance of his county (illegible) support on (illegible) Oct. 9th 1818.

I James V Anderson Clerk of the Circuit Court of Washington County do hereby certify that Thomas Emmerson before whom the above affidavit was taken is one of the Judges for the State of Tennessee given under my hand and private seal there being no seal of office May 14th 1818.

Ja. A. Anderson
By his Deputy

Jas. S. Johnson

(handwritten shape on the bottom left of the document)

Page 74

Brief in the case of Nancy Daily, who was the widow of Ferrel O'Neal Daily

Smyth County and State of Virginia.
act July 7, 1838 +c

Claim,("original," or "for increase.")

Proof exhibited, (if original.) Original

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
To this case the husband of Nancy Daily was a pensioner on the West Tennessee Roll under the Act of March 18, 1818, at the rate of $96 per annum, for service in Harrison's | Va Regiment of Artillery, in which he held the grade of Sergeant.  He died April 20, 1820. The marriage of the parties on the 23 of April 1789 is established by the [prediction] Original Family Record. Some doubt was

(If for increase.)

(the following line is crossed out) Has additional evidence been filed since the admission of the claim? If so, what?

[entertained] as to the party on behalf of whom the claim has been set up, in consequence of the assumption by the (illegible) of various baptismal names which led to the most thorough investigation of the testimony in which the Commissioner of Pensions participated.  He was however finally shown the affidavit of the Hon. John Blair of Tennessee who assisted Ferrell O'Neal Daily to obtain his pension, and to whom his family was known, that the same Nancy was his widow. Another strong (illegible) fact [was] the payment of the amount due at the Pensioner's death to her son and executor (crossed out) of whom Nancy Daily [was], the mother.  The evidence death and hardship is in accordance with the regulations

Name and residence of Agent
I.N, Coffin Present

Examining Clerk.
Ogden Niles

Page 75

Washington April 13th 1854

Sirs:
As there are certain vouchers  in the payment of the [arrears] of pension due up to the death of Farrell O Neill Daily of Tennessee (underlined) who died on April 20th 1820 (underlined), was was pensioned under the act of March 18, 1818 _ _ _  which original (underlined) papers for the purpose of comparing the handwriting (underlined) of signatures were absolutely necessary to be seen by you to enable you to authenticate the question of identity whether (inserted) James (crossed out) O Neill Daily (crossed out) as he styled in the Declaration of Nancy Daily (Act July 2, 1838) is the same person as Farrell O Neill Daily the pensioner underlined). I therefore respectfully request you to address a letter to F. Burt Esq. 3rd Auditor, desiring (the usual courtesy always accorded and in hundreds of thousands of instances of) a loan of those papers for a short time sufficient for you to make the comparisons of the points of identity of signature mentioned in my letter of the inst.

To show the reasonableness and propriety of my request quote the Decision of the Secretary of the Interior of July 1, 1850 page 530 of Mays and Moulton's Pension Laws as follows "It is the duty of the Commissioner to test by the records of the proper office the verity of the statement."By analogy this principle applies to files which are in the through unbound records. As the Pension office has in very numerous instances requested

Page 76

Original papers to be loaned by the several State Governments which were under no obligation to do it, but which admitted the demands of comity + of courtesy, _ _ _  there is infinitely stronger reason in a fellow bureau (so to speak) under one (underlined) Government to observe common comity and courtesy in this instance.

Although the papers will be returned safely by you, still no risk even by their possible loss, would occur, if the 3rd Auditor's Office deported your letter in place of the papers with a memorandum stating that they show the payment of the small amount which they do, signed by some one in that Office + also filed in their place.

I am Very Respectfully Your Obed Sevt
Isaac N. COffin.

Hon. Loren P. Waldo
Commissioner of Pensions

Page 77

Washington Feby 21st 1854

Sirs:

I herewith transmit in the case of Nancy Daily widow of James O Neill Daily alias Farrell O Neill Daily alias Jame O. N. Daily under the Revolutionary Pension Acot of July 1, 1838 - Affidavit of Hiram Daily. Also annexed thereto Certificate of Cour that _ _ _ the said Court do hereby declare their Opinion "after the investigation of the matter, that the aforementioned "James Farrell O'Neill Daily was the identical person "who was a United States pensioner, and whose widow was "Nancy Daily, both being the parents of Hiram Daily "the above affidavit." Also the two leaves containing the handwriting of Farrell O Neill Daily on which he subscribed his name "James F. O. Neill Daily" and "James O.N. Daily."

I respectfully present to you the following considerations: 1st Your letter of Oct 7th 1853. mentions that "the Family Record makes the age of James less by 13 years than Farrell." _ _ __ explanation of this is given in the fact stated by the Affidavit as follows, - "his father was a man who drank a great deal of Spirits and he "chose to do much of his writing while under its influence and "must have made a mistake when writing his age in the "Family Register" - and ini regard to his stating that he "was "bowed down with age and infirmity" an Explanation of this is

Page 78

given in the Affidavit as follows - "at the time of his father's death he has the appearance of quite an aged man - and he certainly "was such and was so generally considered in the community."

2nd The circumstances which he details in this Affidavit are strong evidence of identity, 3rd. Added to which there is strong reason to believe that he would not unblushingly commit the Grossest Perjury. 4th He submits to you the test which ____ "asks a comparison of it with the letter" [Declaration]"of Farrell O Neill Daily to the Government asking a pension, and also with the Family Record sent by his mother claiming his pension. 5th The Opinion of the Court is that "the abovenamed "James Farrell O Neill Daily was the Identical person who was a United States pension." 6th: the clerk  of the Curt Certifies that "the two have annexed were cut out "by me (inserted) one out of and old Quatro Bible and the other out of an "old book in possession of Catharine Daily and by me "annexed to this document."  7th: Another consideration is that it would be an extremely hard case if by the excessive and unreasonable rigidity of the Office, these children should lose their claim where the (underlined) principal and (underlined) most important points are (underlined) fully established _____ The Evidence of service is clear and undoubted___ ___ and where the Evidence of Marriage is (crossed out) perfect, ___ on a point which the Head of the Department of the Interior at page 530 Mayes  + Moulton's Pension Laws terms (underlined, large letters) "mere" Identity."

Taking all these circumstances together, there in as is respectfully represented a strong obligation on the

Page 79

Office to allow this claim____ and I therefore I earnestly solicit you to no longer withhold the rights of these children.

I am Very Respectfully Your Obed Servt
Isaac N. Coffin

Loren P. Waldo Esq.
Commissioner of Pensions
Washington, D.C.

Page 80

Dandridge Tennessee 
August 14 1857

Dear Sir

James Oneal Daily served in Mar 1776 Hiram daily made application and [received] from the United States at Washington for the Heirs of James Oneill Daily the pension money due said Heirs - but [never] paid the same over - the amount was received about two years since my object is to know the amount drawn by Hiram Daily - 

I wish the (illegible, smudged) for one of the Heirs

Respectfully
Sam N Fain

Nancy Daily decd
acts 1838 - 1843 + 4
Insert Dec 15, 1854

Page 81

Washington Sept 12th 1853

Sir.

in the case of Nancy Dailey, Virginia Act July 7 1838. I herewith transmit letter and Power of Attorney of Hiram Dailey son of Nancy Dailey widow of James O Neill Dailey, - otherwise called Farrell O Neill Dailey, - but whose entire name was Jame Farrell O' Neill Dailey, His Explanation of the apparent discrepancy on account of which the Application was suspended some time since, is as follows, viz: "The only Explanation  " that I am able to give is, that I learned "from my Hather + Mother (underlined) both, that his full "name was James Farrell O Neill Dailey, but "that he seldom used the entire name as he said "it was burdensome and in his day double  names" were not very common + to my own knowledge "he occasionally omitted a portion of the middle "name."

As the Gentleman gives such full particulars not only as to the name but 2d by whom and where the pension of his fatter was drawn and 3d:  of the Removal from Tennessee to Virginia and from there to Kentucky - and also as he has the merit of supporting the widow

Page 82

(who claims) for many years - I solicit that this explanation be received as sufficient.

I am with the Highest respect Your Obed Servt
Isaac N. Coffin

Loren P. Waldo Esq
Commissioner of Pensions
Washington, D.C.

Page 83

Washington May 2nd 1854.

Sir:

I herewith transmit in the case of Nancy Daily, widow of Farrell O Neill Daily (Act July 7th 1838) Affidavit of Thomas Johnson and Joseph Johnson.

The Affidavit of these two persons is presented to prove the following facts. 
1st: That James Farrell O Neill Daily lived and died in Greene County Tennessee which is the County in which the pensioner lived and died and in which he is on the Roll as a pension.

2d: That Nancy Daily was "his wife at the time of his death" and therefore his widow. 

3d: That Hiram Daily was the son of said James Farrell O Neill Daily + Nancy Daily.

4th: That Nancy Daily move from Tennessee to Virginia with her son Hiram where she died.

5th That the Applicants having lived at the least, form the year 1820 to the year 1854 the (underlined) Long period of (underlined) Thirty Four Years in the County of Green in Tennessee prove that they never knew any other man (underlined) even by the name of Daily other that James Farrell O Neill Daily and that

Page 84

there "was none other in the County whose name was "Daily save the old man's two sons John + Hiram."

I would respectfully suggest to you the fact that this is valid evidence and if so, that the claimants have a right to the allowance of the claim.

I am Very Respectfully Your Obed Servt

Isaac N. Coffin

Hon'ble Loren P. Waldo
Commissioner of Pensions
Washington, D.C.

Page 85

Greene County Tennessee June 3rd 1854

This is to certify that we knew a man by the name of James Farrell O Neill Daily who lived on a farm at Stone Dam Camp Ground six miles east of Greeneville in Greene County Tennessee, that he died on said farm in April 1820 or near as recollected, (sentence crossed out), that Nancy Daily was living with him as his wife at the time of his death, + have no doubt she was his legal wife, that we knew Hiram Daily who passed for the son of said F.O.N. Faily and Nancy Daily, that said Nancy Daily was left at her husbands death entirely destitute, that she fell upon the hands of his son Hiram who Afterwards moved to Virginia taking his mother said Nancy with him where she died, + that since her death, Affiants has learned that said Hiram has removed to West Liberty Ky + believe it to be true, Affiants further stated that at the time of said Dialys death they lived a near neighbors that they still lives in the same neighborhood, that he never knew any other man by the name of Daily (sentence is smudged and/or crossed out) and that he was the Only man that (illegible) knew whose name was James Farrell O Niell Daily, or James O Neill Daily And Affiants believe that there was none others in the county whose name was Daily save the Old Mans two sons John + Hiram, Affiants also states that said Daily had the appearance of quote an old man at this death.

Sworn to + Subscribed before me date above written

W. S. White | Thomas Johnson
Justice of the Peace |  Joseph Johnson

Page 86

State of Tennessee} S.S.
Greene County} 

I Elijah W Headrick, Clerk of the County Court of Said County, do certify that William White Esq. before whom the written affidavit was made is was at the date thereof an acting Justice of the Peace in and for the County and State aforesaid, duly commissioned and qualified according to law, and that the Signature  purporting to be his is genuine - and that full faith and credit should be given to the same as his official acts - 

Given under my hand and Seal of office at office in Greeneville the eighth day of April AD One thousand eight hundred and fifty four

Page 87

Memo by I. N(illegible)} This contained a Stamp, in replying be sure and put on one. Also write him as soon as practicable.

West Liberty Ky, June 18th, 1853

Dear Sir

Your Favour of the 24th May is rec'd & You have my thanks For your promptitude in answering my letter.  You say that the name on the Pension list is Farrell O Neill Daily + that the pension was drew in Tennessee.

The only explanation that I am able to give is that I learned from My Father & Mother both, that his full name was James Farrell O Neill Daily, but that he seldom used the entire name as he Said it was burdensome + in his day Double names were not very common, & to my own knowledge he Occasionally Omitted a portion of the middle name.  His pension was drawn in Tennessee, he was at the time a resident of Greene County Tennessee + the Honble John Blair of Tennessee then a member of Congress Managed this matter For him he drew about a short time before his death, (underlined) perhaps not more than two draws, but of this I am not positive as I was then in early life, I have not the date of my Fathers Death but think it was in  April 1820, I have no doubt of the (illegible) of my Mothers claim under the existing laws to a Pension, & if my presence at Washington can certainly establish the claim

Page 88

I will freely go, if you So instruct, When my Father Died in Tennessee, my Mother was left without Any means whatever She Fell upon my hands to take care of her, After a term of years I moved from Tennessee to Smyth County Virginia taking my Mother with me where she died, Since her death I have removed from Virginia to this place.

You will please be so kind as to write me as early as practicable, what the prospect is (with this explanation) & what steps (if any) are necessary on my part to establish the claim

Very Respectfully Yours &c
Hiram Daily

Isaac N Coffin Esq
Washington DC

Page 89

Washington April 8th 1854.

Sir:

There being certain vouchers in the payment of the arrears of pension due up to the death of Farrell O Neill Daily Inserted above) of Tennessee who died on April 20th 1820, who was a pensioner under the Act of (illegible, smudged) 18th 1818 - which papers are necessary in adjudication of the question of identity now pending in your Office in the application of his widow Nancy Daily under the Act of July 7 1838  I respectfully request you (inserted) if those papers have not been already sent for to address a letter to F. Burt Esq 3rd Auditor for the loan of those vouchers. for your inspection to be afterwards returned.  Those vouchers on Saturday last seen (inserted) (as I solemnly declare on my honor for the first time ever) by the permission of the 3rd Auditor on exhibiting my Power of Attorney to him and by which I find the following: (underlined) Your facts of Evidence of Identity as follows viz:  1st: Those vouchers show that Farrell O Neill Daily died on 20th April 1820 - this is exactly the date stated in the Declaration of Nancy Daily dated June 18, 1845 and in the Affidavit of Hiram Daily dated June 18 1854 2nd: The two children proved therein are identical in name with the two children mentioned in the Affidavit of Hiram Daily of 23rd Jany 1854 viz Catharine + Hiram  - and one of them Hiram in the Family Record accompanying the Declaration of  Mrs Daily. 3rd: These papers are made in Green County Tennessee, precisely coinciding

Page 90

in record to County + State with the Affidavit of Hiram Daily of 23rd Jany 1854  4th: Although the signature of Hiram Daily on that paper was made in 1820 and the signature of his recent Affidavit made on 23d, Jamy 1854 being the (underlined) long lapse of time of 34 years afterwards still I have eyes to see, (underline) IS the handwriting of Hiram Daily who signs the Affidavit of 23d. Jan. 1854 - and the last name in written in the following manner in both viz - "Daily" - the letter D, being turned in the same manner in both the signatures on the vouchers and on the Affidavit of Jany 23, 1854 - the first part of the (underlined) a being an (underlined) e - the first part of the y being made thus (underlined) v instead of thus (illegible) -  and the end part of the y, having given it a circular flourish thus (illegible)  Thus in addition to its being self-evidently from sight the identical handwriting there are (underlined) Four strong marks of exact identity in that short word of five letters.

Your letter of the 10th (illegible) mentions that the leaves handwritten in my letter of February 21st were evidently themselves not written by same individual.  Even admitting (underlined) for a moment that Hiram Daily may have made a mistake as to the handwriting on the leaf cut from the "old book" being his father's - still, the handwriting on the leaf of the Family Bible as follows "James (smudged) O Neill Daily his "holy Bible God give him grace therein to look not "only to look but understand" (underlined) IS every letter cross of

Page 91

at, or dot of and (underlined) i (underlined) the handwriting of Farrell O Neill Daily, as shown in his letter (inserted) to the Secretary of War on file in the Pension Office with his pension papers. The letter signed by the pensioner was on your letter stated written by some other person on the F. O N Daily, but down to the words "Benefit of" was written by himself and is exactly letter for letter (inserted) (except in the 7th line from bottom, the word "you" + in 3rd line from bottom the words "and in reduced circumstances" similar to that of the Family Record annexed to Mr. Daily's Declaration (inserted) proved by accompanying affidavit to be his handwriting and the marks of identity are as follows viz: 1st Facts which shoe that the Letter (inserted) to the Secretary of War (underlined) was written by Farrell O' Neill Daily.  That which shows it is that the (underlined) r's in his signature are made in an exceedingly peculiar form as follows (R" and identical in his signature and in the word Harrison in the 15th line of his Letter.  The letter D in the Letter to the Secy is identical with that of the signature thereto - the end of the D being pointed without a loop, and without a loop at junction of the eight + (inserted) in eleventh line from the bottom.

2nd Facts which show (underlined) the handwriting of the Family Record to be identical with that of the Letter by Farrell O Neill Daily to the Secretary of War.  In the Family Record under head of Marriages is the word "Year" in the 4th line is the word "Year" in the last line _ _ _ under 2nd Column of Births, is the word "Year" in the 3rd line the letter "Y" is formed in an

Page 92

exceeding peculiar manner as follows "(representation of the letter Y)" - it is made in precisely that way in the word "Year" in the 4th line of the Letter to the Secretary of War - also in the word "Your" in the 7th line - in the word "Your" in the 8th line - in the word "Your" in the 13h line - in the word Years" in the 13th line - + in the word "Years"+ in the word "Your" in the 5th line from the bottom.  The figure "8" in the 4th, 7th, 9th + 14th lines of the Family record ins identical with the three figure "8" in the 4th line of the letter to the Secy of War, and made (inserted) very peculiar and thus "(representation of the number 8)" with the end carried very low down

The letter (underlined) C is exactly identical in the Family Record with those (inserted) in the Letter to the Secretary of War and is made thus (representation of the letter C) with a mark at its top coming down to a point, - to wit, the C in Cox  under head of Marriages in the last line but one in Family record - in "County of Caven" - under Births in "Catrine" - in "O'Clock - in the next column in "County" and in "Christian" -  and in the Letter to the Secy of War, in 3rd line in "Conformity" + "Company" - in the 6th line in "Continental" - in 9th line in "Company" + "Capt"- in the 10th line in "Commanded" - in the 20th, 21st + 22nd line "City", "Capt" -"Comt" - in the 25th line in "City".  Also the letter C in the word "Command" in the leaf with Hiram Daily's Affidavit of Jan 7 1854 is identical with the letter in the abovementioned  letter to Secy of War.

3rd: Facts which will show the handwriting of the Family Record to be (underlined) identical with the Signature to the Letter of Farrell O Neill Daily to the Secretary of War.  The Family Record accompanying the Declaration of (crossed out) (inserted) Nancy Daily is proved by the Affidavits of William Goodpasture and John M Townsend who went to school to him, (underlined) to be the handwriting of James O Neill Daily

Page 93

- and the handwriting is in the following particularly identical with the signature of Farrell O Neill Daily to the Letter to the Secretary of Ware, viz: - in the Family record the letter "N" is identical in form with that in the signature to the Letter to Secy and is (inserted) in both made thus "(representation of the letter N)" with a loop at the top, and the centre part very much bent - it is the same in the name "O Neill" in Column of births - the same in the word Nancy in 2d Column of births + the same in the word "Name" in same Column 3d line from bottom.  In the Family Record and in (inserted) signature Letter to Secy in the word "O Neill" the letters are not joined at the bottom - and the first (underlined) l in each mas made with a higher loop.

4th Facts which show the identity of the handwriting in the leaf of Bible in Affidavit of Hiram Daily  23rd Jany 1854 (underlined) with the signature of Farrell O Neill Daily to the Letter to Secy of War - and (underlined) with the handwriting of the Letter of Farrell o Neill Daily  to the Secy of War,  the (underlined) F in the name "James F O Oneill Daily" in the Leaf of the Family Bible is made with its cross low down  and is so in the word Farrell in the signature to the Letter.  The N in "O Neill" is made very peculiar in each, the centre part (inserted) being much curved and with a loop at top.  The D much peculiar (inserted) and is identical still the D of the signature to the letter is the points that it ends without a loop and there is no loop in the centre stroke a
the foot.  The y in Daily is identical being made thus (representation of the letter y).

The (underlined) handwriting of the Leaf is identical with that of the Letter, as shown as follows: in Leaf the letter H is identical in "Holy" with (underlined) H's in Letter to Secy of War in "Hon" in first line - in Harrison in 15th line and in "Honours" in the 5th line from the bottom.  And the general style of the handwriting is identical with that of the Letter to the Secretary of War, the principal characteristic of both being a sprawling hand.

Page 94

The signature of the Declaration of 8th Oct. 1818 must have been made by him in Court and when in an inconvenient position for writing, the name "Dailey" hard being written, and of course unfit to be made a test for comparison.

Your letter of Oct. 7th 1853, makes the material mistake of stating as follows: - 
It [the Family record] "makes the age of James less by 13 years than Farrell stated his to be "in his Declaration.  In 18181 Farrell stated that he is 74 years of age" - whereas the words in the Declaration in the 5th line from the bottom are as follows: "that he is now aged (underlined) sixty four years" and the Pension Office has no right or authority whatever to interpolate the two letters " - "en" - in that word, (inserted text is illegible) which, it is a (underlined) [Fixed] Fact are not there and assume that - (underlined) ix - after - (underlined) s - are (underlined) en.  Although the letter i in the word sixty is not dotted that is case with nearly all the letter (underlined) i s in the Declaration.  Also, - this word when read by him prior to signing (underlined) must have (inserted) from the appearance of it been understood as (underlined) sixty four years.  The slight difference of three years, as (underlined) poverty and (underlined) not age was not the material point, he supposed was a non-essential, as it (underlined) was in his case served (inserted)the long period of more than 5 times 9 months he knew there must be Records of his service - and sooner than (inserted) the correction of a non-essential should give trouble, let it remain.  This is the Explanation of that small discrepancy.

Thus by not a few but by (large writing) Very Many, Very Many particulars is the identity of the handwriting positively proved.  And which added to the Very Many other strong points proving the identity of the person - to withhold under this amount of evidence the rights of the parties claiming would be an assumption unauthorized by Law - (underlined) does not require (inserted) or authorize the Pension Office to require absolute or (underlined) Perfect Evidence but the words of the Law of 7th June 1832 are that

Page 95

"satisfactory evidence" is all that shall be required, and the Law of May 7th 1846 quoted by the Attorney general at page 438 of Mays  + Moultons Pension Lay is - "Nor shall (underlined) any evidence in any case (underlined) case be required" "(underlined) other than such proof as would be sufficient to establish "the marriage between the applicant and the deceased pensioner in "civil personal acting in a Court of Justice." The Evidence in this case - the Vouchers of the 3rd Auditor's Office herein referred to___ and the Facts of the Identity of the handwriting (underlined) all together are "such proof as would be sufficient to establish "the marriage between the applicant and the deceased pensioner " on (underlined) civil personal actions in a Court of Justice (inserted) the Officer established by  (underlined) Law to Decide what the (underlined) spirit of the Law is Decides at page 439 of the said Laws "the proof ought be considered in the "spirit in which this law has been passed, of (underlined) liberality to the applicant" And not only the Law of June 7, 1832 (inserted) state the satisfactory evidence" is, all that must be required but the Attorney General  at (inserted) some pages as above Decides it only "must be satisfactory" and to require (underlined) the best more than that would be acting under a "Higher Law' principle which Higher Law than the  (large writing) Law made by the people through Representatives is the "one man power," - is  intense Despotism

I am Very Respectfully Your Obedt Sevt 
Isaac N. Coffin

Honble Loren P Waldo
Commissioner of Pension
Washington DC

Page 96

Nancy Daily
Va (illegible) '38
Cole

Page 97

Washington April 7th 1854

Sir:

Ther being certain vouchers in the payment of the arrears of pension due up to the death of Farrell O Neill Daily who died on April 20th 1820, and was a pensioner under the Act of Marcy 18th 1818 - which papers are necessary in the adjudication of the question of identity now pending in your office in the application of his widow Nancy Daily under the Act of July 7 1838 - I (inserted) therefore respectfully request you to address  a letter to F. Burt Esq 3rd Auditor for the loan of those vouchers for your inspection, to be afterwards, returned.

I am Very Respectfully Your Obedt Sevt

Isaac N. Coffin

Loren P Waldo Esq.
Commissioner of Pensions
Washington D.C.

Page 98

Tazwell C.H. Va Sep 19th 1845

dear Sir

Herewith I send the papers in Nancy Daily's case, with an additional declaration.  She was married in South Carolina, where they keep no public record of marriages + consequently it is supportive to produce proof of that sort.  In that state marriage is regarded only as a civil contract + may be solemnized by a private person as well as a minister + in fact is legal if the parties simply (inserted) agree to be man + wife + live together as such.  You will perceive, therefore, that the proof is Mrs Daily's case is the best that can be produced, + would be satisfactory in any court of justice.  I beg your early attention to her claim

Your obt svt
John W. Johnston

Page 99

Washington July 20th 1854

Sir:

I herewith transmit in the case of Nancy Daily widow of Farrell O Neill Daily alias James O Neill Daily (Act July 7, 1838) 
Deposition of the Hon'ble John Blair formerly Member of the (inserted) US House of Representatives from Tennessee Also Certificate from Hon'ble N. G. Taylor Member of the U.S. House of Representatives from Tennessee

This evidence drawn up by Mr Blair himself - his on deliberate words, in his how handwriting, prove that he knew of the residence of Farrell O Neill Daily viz that "he resided in Greene County Tennessee about six miles East of Greenville.

That he "aided him in obtaining his pension and drew if or him" - "also knew his family consisting of a wife whose name was Nancy Daily + sones one of whom is named Hiram"  - thus corroborating in point 1st + 2nd (name of his (underlined) wife + son (underlined) Hiram+ the former Evidence - who he stated "resided after the death of his father on the homestead + kept his mother for a time." Thus corroborating in point

Page 100

3rd the former Evidence. - "Then removed to Carter County with his mother where he remained some years." thus corroborating in point 4th: the former Evidence - "and then removed to Smyth Couth Virginia". thus corroborating in point 5th: the former Evidence.

Thus does this Evidence of the Honble Mr Blair corroborate the former and satisfactorily show that Hirma Daily the Applicant (underlined) is the son of Nancy Daily the widow of Farrell ONeill Daily the pensioner of the United States.

Added to all this is the solemn fact that the Honble Mr Blair addresses (line crossed out) Mr Daily (inserted) as the  Revd Hiram Daily in two places one on the back of the Affidavit which he knew was going to the Government, by which it appears that he is a (underlined) Clergyman. It is addressed to Revd Hiram Daily West Liberty Ky and states the Affidavit is "respecting my knowledge od (underlined) your father + mother"

Under these circumstances I also submit it to you whether the Government can consistently with its honor ___ with all the former Evidence ___ with the Evidence of the Honble John Blair ___ with the fact that the Reverend Mr Daily has Solemnly, Deliberately and Respectfully Sworn that he is the son of Nancy Daily the widow of Farrell O Neill Daily the U.S. Pensioner continue to act unjustly almost to persecution by "withholding" this just claim,  -as such "withholding" not only injures him by depriving him

Page 101

of his rights, but lays an inputation on the Reverend Gentleman that he has stained his soul and his Clerical roles, by make a false claim against the Government.

I am Very Respectfully Your Obedt Servt

Isaac N. Coffin

Honble Loren P Waldo
Commissioner of Pensions
Washington, D.C.

Page 102

Washington Oct 31st 1854

Sir:

In compliance with your letter of July 24th I herewith transmit in the Revolutionary pension case of Nancy Daily widow of Farrell O Neill Daily alias James O Neill Daily alias James Farrell O Neill Daily under the Act of July 7 1838, the following papers, viz:

Affidavit of John Daily.
Certificate of Elhanah Johnson Presiding Eleder in the Methodist Episcopal Church.
Affidavit of Hiram Daily
" of John M. Townsend
" of William Thompson
" of John Matthews
" of William Stanfield
Will of James O N Daily

The following facts shown thereby are respectfully submitted to your consideration.

1st Although John Daily is a brother of Hiram, still he is (illegible) disinterested as he has solemnly made Oath as follows - "I freely and fully without fee "or reward or any other consideration relinquish to him all my legal right " and interest in + to a pension claim of my mother Nancy Daily and for "the following reasons,, that is to say when my father died he was very poor "+ my brother Hiram (now present) took our mother and took care of her "till her death, which occurred in Marion Smyth County Va. on the day "20th July 1846, and that he still has the care of Sister Catharine Daily "on his hands she being now aged and inform and not able to take care "of herself, I never have in view of these considerations claimed any interest

Page 103

"in said pension and (underlined) never will, hence my testimony is in no shape "for my own benefit, direct or indirect."  He states the following facts of identity of Farrell O Neill Daily + Jame O Neill daily and John Daily is proved under the Official Certificate and Seal of the magistrate to be a "man of high standing and respectability,
 he has acted as a "Justice of the Peace in and for this County for many years + his statements "are entitled to full faith and credit."  He states the following facts. 1st: That his father who he swears sometimes signed his name (crossed out) James O Neill Daily and sometimes Farrell O Neill Daily (underlined) died on 20th April 1820. thus corroborating with the Evidence of the day of his death and payment of (inserted) the balance of his pension in the Third Auditors Office.  @nd: that he "died near Some dam Campo Ground Six miles East of Greenville in "Greene County Tennessee" which corroborates with the Affidavit of Honble John Blair. 3rd: He swears " at the time of his death he was a "United States pensioner it my (underlined) certain knowledge."  4th: He swears that "he swerved through most if not all the Revolutionary Ware (according to his own statements) and was in many battles, amongst which was the battles of "Monmouth, Germantown, Brandwine, Guilford + others." These facts stated for service corroborate with Farrell O Neill Dailys own Declaration made on 8th Oct. 1818.  5th: he states "At the battle of Guilford he was "wounded in the left arm a little below the shoulder, I have seen the scar "numerous times, and have often seen him exhibit it as a proud trophy of "his valor, the scar was very large showing that the would had been a severe "one, he was lame from that wound to the day of his death."  These facts corroborate with the facts in Farrell O Neill Daily's Declaration. 6th The facts which he states about the Will corroborate first with the facts proven by the Voucher in the Third Auditor's Office, which prove these facts of his leaving "such Will, and that such were the very persons who were the Executors.

Page 104

7th The facts which he makes oath of that "he (inserted) but seldom used the full "name sometimes he signed it J.F.O.N Daily, sometimes James O Neill "Daily and sometimes Farrell O Neill Daily, but (crossed out) his most common "way of signing his name was James O N Daily, so that Farrell O Neill "Daily + James O Neill Daily + James F O Neill Daily is one and all "the same identical man (my father. I father state that at the time of "his death his estate would not pay his debts + myself + my brother Hiram "paid them out of our own means.  The Honble John Blair of Tennessee "arranged his papers for him in request to his pension claim + when Government "allows his claim the papers were sent to the Honble John Rhea
of Tennessee "These facts (inserted) are corroborated by the facts known to the Pension Office by Honble John Blair's Affidavit "who was then a Member of Congress but who died a number of years ago.  I farther "state that hte affidavit on the other side of this sheet is that of my won brother" Hiram the son of my father James Farrell O Neill Daily the United "States pensioner and of my mother Nancy Daily who was the wife and widow of "my father and died in Marin Smyth Couth Va. on 20th July 1846 "and that I seen my brother Hiram (now present) sign his name at my own residence "in New Market Jefferson County Tennessee this 14th October 1854."

The above evidence, it is respectfully represented is (underlined) legal evidence in law, ___ and the Attorney General of the United States on 9th June 1825 and again on April 5th 1836 (crossed out) (inserted) Decided as follow: "The public engagement becomes a debt, "which is as much property, and the property of the widow and children as any (underlined) Bond "which the deceased may have left to them by his will."  Page 399 Mayo + Moulton Pension Lasw Also he has Decided on Nov. 19 1849a at page 2061 of 2d Col. Atty Gen Opinions that there is "no distinction" between such a debtor and an ordinary individual debtor."  I quote the above to show that as the pension is the Decided to (illegible, smudged) in the same attitude of a debt due from one individual to another, that therefore the claimant has a right to the same application of the same principles of evidence as the Supreme Court of the United States has Decided is applicable, or in other words that they have a right

Page 105

to have what is Decided by the Court to be legal evidence, to be legal evidence in this pension claim.  Chief Justice Story, in one of his admirable works, after remarking generally, that the Courts of the United States, and of the several States, as well as the Legislature and the Congress of the Unite States, (underlined) are bound by the common law rules of evidence, proceeds to say (underlined) totiem verbis: "The general rules of evidence applicable to common trials, are interpreted to prevent the party "against wanton and arbitrary power." The following Decision of the Supreme Court of the United States in Kelly v Jackson Peters (illegible) 622 shows (inserted) in effect that if a Jury should disregard the evidence of Joh Daily, the Court would take the extreme measure of setting aside the verdict "Prima facie evidence of a fact, is "such evidence as in judgement of the law is sufficient to establish the fact; and :if not rebutted, remains sufficient for the purpose.  The jury are bound to "consider it in that light, unless they are inverted with authority to disregard the "rules of evidence, by which the liberty and estate of every citizen are guarded "and supported.   No judge would hesitate to set aside their verdict and "grant a new trial, if, under such circumstances, without any rebutting "evidence they disregard it.   It would be error on their part which would "require the remedial (illegible) of the Court."

The Affidavit of John Daily it is true is signed with his mark, but the Affidavit shows he is of the (underlined) advanced age of 64 years, and the (underlined) mark shows and excessively trembling hand, which would be unable to write a name.     (underlined) now whatever may have (inserted) its rapidity of execution   in former days since writing this there again read Hiram Dailys letter (illegible, covered over by the name John Matthews) herewith enclosed which says "the season of which is "he was sick and unable to sign his name (illegible, covered over with the name John Matthews) he is now a corpse" (illegible) to have died soon after.

John Matthews, proved to have been an acting Justice of the Peace for Greene County for 25 years and a man of character "and credibility " makes the following facts which show that James O Neill Daily and Farrell O Neill Daily are identical and which are respectfully submitted for your consideration. 1st He swears that in April 1820 he made a Coffin for James Farrell O Neill Daily who dies near Stone Dam Camp Ground East of Greenville - the location thus

Page 106

corroborates with the Honble John Blair's Affidavit who sates that location 2nd: He swears he (crossed out) "a United States pensioner at the time of his death." that is that James Farrell O'Neill Daily for whom he made the Coffin was such. 3rd: He swears the "never knew any other Daily in the County but his two sones John + Hiram + if there had been any other I must have know them."  This added to the above evidence that he was a United Stated pensioner - corroborates with the Statement of Honble John Blair that there was no other pensioner of the name of Daily in the Congressional District - and corroborate with the oath of Thomas Johnson and Joseph Johnson heretofore filed who lived from "1820 to 1854" (underlined) Thirty four years in that county and who swear that there "was none others in the County whose name was Daily save the old man's two sons John and "Hiram."  4th The facts which he swears t relative to James Farrell O Neill Daily's widow, Nancy Daily, being taken care fo by Hiram Daily removing to Carter Co. ___ from there to Smyth Co. Va. + her dying there - corroborate with those twice sworn to by the Rev. Hiram Daily - and with the Affidavit of Honble John Blair, apart as to her dying (inserted) of which Mr Blair mentions nothing as he probably did not know in regard to that.  5th He swears that hs is "well acquainted with Hiram Daily + Nancy Daily" then present who is "the son of said James Farrell O Neill Daily + Nancy Daily" (crossed out) (inserted) which last named man he was just above states was the "pensioner" - thus corroborating all the previous evidence.  6th He Swears that - "he (Hiram Daily lived a number of years (underlined) at the place his faither said James Farrell O Neill Daily died" and his having previously stated he had made his Coffin and that he was "a United States pensione" proves that (underlined) Hiram Daily is the son of the pensioner and therefore that Nancy Daily his mother is the widow of the pensioner.

The following facts proved by the oath of William Stanfield, proved to be a "man of high standing and credibility"

Page 107

"whose statements are entitled to full faith and credit" ware respectfully submitted for your consideration.  1st. He swears he "was acquainted "with James Farrell O Neill Daily who died near Stone Dam Camp" Ground (underlined) six miles East of Greenville" which corroborates in regard to (underlined) location with the evidence of Honble John Blair - with the evidence of John Matthews and of John Daily.  2d: He swears "I am well acquainted with his son Hiram Daily (now present) and "know Nancy Daily the widow od said James Farrell O Neill Daily "+ that Hiram Daily (now present) the son of said James Farrell O Neill Daily "+Nancy Daily took care of his mother (said Nancy) for a number of "years (underlined) upon the place where the old man died - which proves that Hiram Daily the present Applicant lived upon the place and took care of Nancy Daily who is said just above to the "the widow of said "James Farrell O Neill Daily - which corroborates with the Affidavit of Thomas Johnson + Joseph Johnson - that said Nancy Daily was "his wife at the time of his death"  and with the statement of Honble John Blair as follows "I also knew his family consisting of a "wife whose name was Nancy + sons one of whom is named Hiram "who resided after a the death of his father on the homestead + kept his "mother for a time." 3d: The facts which he states in regard to "removal of Hiram Daily + his mother Nancy Daily, viz - (inserted) and then removed "to Carter County in this State taking his mother said Nancy Daily with "him + I learned he moved from there to Smyth County Va. where the old "lady died" corroborates with the Statement of Honble John Blair who states  "Hiram, who resided after the death of his father on the home"stead + kept his mother for a time.  (underlined) Then removed to Cater County with "his mother, where he rermained some years + then removed to Smyth "County Virginia" - and also (inserted" corroboates with the oath of Thomas + Joseph JOhnson.

Page 108

4th. The facts which he states as follows - "I was born and raised in this "County and have lived in this County all my life, I never knew any "man in the County by the name of Daily but James Farrell O Neill "Daily + his two sons John + Hiram except a Travelling Preacher by the "Name of William C Daily who is a Grandson of the old man J.F. ON" Daily + if there had been other Daily in the County I think I would have known it, as I am now Sixty four years old + have never lived "out of the County" - these fact, corroborate with the facts stated by the Honble John Blair "that there was no other man by the name of Daily a pensioner."  5th: The fact which he states that when Hiram Daily left the County he was a Minister in the Methodist Episcopal Church corroborates with the address on the (inserted) inside and outside of the letter of the Honble John Blair to "Rev. Hiram Daily" (which letter heretofore filed in the Pension Office has the United States postmark on it, which proves it to be the original) and with the Official Certificate of the Revd Elhanah Johnson the Presiding Elder that "D: Hiram Daily is an Acceptable Local Preacher of the Methodist Episcopal Church" - and with the oath of John M. Townsend (inserted) Esq follows - "his character "for truth + integrity stands unimpeachable + that he is a Minister "in good standing in the Methodist Episcopal Church South" with the oath of William Thompson (inserted) proved to be "a man of respectability and standing as follows "Hiram Daily is a man "of strict veracity and a Minister in good standing in the Methodist Episcopal Church South", " _ Therefore if Hiram Daily is not the son of Farrell O Neill Daily and if Hiram Daily' s mother Nancy Daily was not the widow of Farrell O Neill Daily - then, (Crossed out) with the high intelligence which he exhibits in his letter heretofore transmitted by me to the Pension Office, and possessing this intelligence it is impossible that he can be said to be mistaken, then he is the greatest scoundrel and

Page 109

perjured villain on the face of this earth and the Government out to expend One Hundred Thousand Dollars if necessary to prevent the crime escaping with impunity.  But I have not the least belief that he is such a villain, but on the contrary I solemnly do believe him to be a worthy and excellent Minister of the Gospel, pure in thought, work and deed, and that no earthly consideration, infinitely less a small pension claim, could induce him to commit the crime of perjury thereby ruining himself in this world and the next - and so far as he corresponded with me, he is governed by the noblest sentiments of virtue and manliness and the evidence so proves that in effect.

The following facts proved by the oath of John M Townsend, are respectfully submitted to your consideration, He is proved to be "a man of undoubted credibility and truth "and was an acting Justice of the Peace." 1.  He swears that he was "well acquainted with James F. O Neill Daily" - that he "went to school to" him, - that "he moved from "Smyth County Virginia" to Greene County "Tennessee with his wife and children, his children's names were John James "Catharine + Hiram" - he "learned the old man died in Greene County "Tennessee in 1820."  This corroborates with the oath of the (illegible) the Honble John Blair. 2nd He also states "he must have been quite an old man between 70 and 80 years of age" - the corroborates with Mr Daily's Declaration in which he states that he is now aged sixty four years, and (inserted) at the time which Mr Townsend is speaking of, is his death which (illegible) was "in 1820" he was two years older being 66, and thus was 70 the age he states.  3d: He also states fact which corroborates, with the fact of Mr Daily 's being a United States Pensioner as follows: "My own father was a Revolutionary Soldier and I often heard Daily and my father talk "about their serving in the war and have heard Daily speak in being in some battles, "but the lapse of time has been so great I cannot now remember what battles they were, "but am certain from his own statements that he was a revolutionary soldier."

Page 110

4. He also states another fact as follows "In the Fall of 1840 Hiram Daily "(now present with his mother Nancy Daily removed back from Tennessee "to this county - said Hiram (inserted Daily took care of his mother till the time of her death, which "I think occurred in July 1846.  Hiram Daily remained a citizen of this county "till May 1851 when he removed to West Liberty, Ky, Morgan County where he "still resides.  I further testify that Nancy Daily was the widow of James F "O Neill Daily above alluded and that Hiram Daily) now present) is the sone of "said James F O Neill Daily."  I also stated that he sometimes signed his name "in full and sometimes only in part."  This corroborates in proof of identity."   with with the Oath of the Honble John Blair - + with the Oath heretofore filed of Thomas Johnson and Joseph Johnson - and it's corroborated by the Statement of William Goodpasture and Joh M Townsend which was filed (line crossed out (inserted) with the Pension Office nine years ago (line crossed out) with the Declaration of Nancy Daily.

The following facts proved by the Statement of William Thompson who is proved to be a "man of respectability + standing + his statements are entitled to full faith and credit" are respectfully submitted.  1st He swears that - something like fifty years I was well acquainted with one James F O Neill Daily + went to school to him" this corroborates with the Affidavit of William Goodpasture and John M Townsend the original of which was filed in the Pension office in 1845.  2d: He swears that "he {Mr Daily} Purported to be a Revolutionary "soldier and there was no doubt was such, I have after heard him speak of being "in some battles in the Revolutionary struggle one of which I think was the battle of "Brandywine + Others" This corroborates with his having been a United States Pensioner.  3d: He swears that "He removed (inserted" with his family from this place to "Tennessee where I learned he died in Greene County in April 1820, his family "consisted his wife Nancy, three sons John, James + Hiram + one daughter

Page 111

"Catherine. In the fall of 1840 said Hiram Daily removed from Tennessee "to this place bringing his mother Nancy Daily who was the widow of "James F O Neill Daily with him + taking care of her 'til his death in 1846.  In 1851 said Hiram Daily removed to West Liberty "the County of Morgan County and said Hiram Daily now "present, is the sone of said James F O Neill Daily and Nancy Daily.  This corroborates with the Affidavit of Honble John Blair + with the still the rest of the testimony.

The Officially Certified Copy of the Will herewith transmitted corroborates with the oath of the Honble John Blair, which is (inserted) as follows "I also know his family consisting of a wife whose "name was Nancy + sons one of whom is named Hiram" - and states "I was a member of Congress from 1822 to 1833 representing "Greene County in which Farrell O Neill Daily resided, as well as the other Counties of the District + personally knew most of the voters "and there was no other man of the name of Daily a pensioner "within the Congressional District" - and on the same sheet is the letter of Hon W Blair and he says therein to his friend "On the next leaf you will find my affidavit respecting my "knowledge of your [Rev, Hiram Daily's] father, mother + family and was in a friendly (inserted) spirit (illegible) old acquaintance states - "if the facts stated above will subserve (underlined) your "purposes I will be certified."  The Will calls him James O Neill Daily of Green County "Tennessee" makes his sons "John + Hiram "Daily" his Executors and shows his wife to be "Nancy" - proves to have been made "this 8th (underlined) day of April (crossed out 1820)" in the year of our Lord (underlined)"1820" within the (underlined) very short period of 12 days from the time of Farrell O Neill Daily's death, which (inserted) date of death is proved by the Voucher in the Third Auditor's Office on which was the balance of his pension was paid, to have been on the (underlined) 20th April 1820 - and this corroborates as to time as well as in every (underlined) request.

Page 112

The Certificate of the Clerk of the Court dated 12t October 1854, on the copy of the Will (inserted) herewith transmitted proves that - "the Executors therein "named appeared in Court and entered into bond with security according "to law and qualified at the April Session 1820 of our County Court."  The Certificate of the Clerk of the (inserted) same Cour among the Vouchers in the Third Auditor's Office on which the balance of Farrell O Neill Daily's pension due at this death was paid, dated 24th April 1820, prove that "on the 24th "day of April 1820 the last Will + Testament of Farrell O Neill Daily "was produced in Open Court and proved by the oaths of the subscribing "witnesses thereto and that (underlined) John Daily and (underlined) Hira daily the Executors  (underlined)  "therein named appeared in Open Court and were legally qualified as "Executors of said Will."  Thus the Certificate of the Clerk of the Court of 212th: October 1854, first named above states - "(underlined) the Executors therein named "appeared in Curt and entered into bond with security according to law and "were qualified" - and who are the Executors (underlined) "therein named." Let the Will make answer (inserted) in its own words - "I do make and ordain my trued and loving sons (underlined) John "and Hiram Daily, by true and lawful Executors." Thus do the Certificates exactly corroborate 1st in the names of the Executors of the Will.  He was universally known throughout his community as the Pensioner and as the father of Hiram Daily and John Daily that no matter how he contracted his name and therefore although Jame O N Daily (inserted) on the Will it was known to be James Farrell O Neill Daily or as many other persons are call by their second name, Farrell O Neill Daily.  2nd The Will was proved at the (underlined) same term of the same *underlined) month and (underlined) same year of the same Court.  3d The date of proof on the Wills as shown by the two above Certificates at "April Session 1820", the name of Session being quoted from each Certificate, are identical - and corroborate with the proved day of death, by the proof of the Will being (underlined) so near after the death, as is generally the case.  4th The Certificate in the Third Auditor's Office

Page 113

on which the balance of Pension was paid state (underlined) "the Will" was "proved by "the oath of the subscribing witnessed" - and the Certificate copy of the Will now filed proves that "the subscribing Witnesses are Patrick "McAnderson and Catherine Daily" who  (underlined) are the very persons whose Affidavit is (inserted) on file (or a Voucher for the payment of the balance of the pension) in the Third Auditor's Office, dated April 26, 1820 proving that "Farrell O Neill Daily departed this life on the 20th "of this instant at his residence in Green County."  5th The Receipt of John Daily and Hiram Daily is among these Vouchers of the Third Auditor's Office signed as Executors of the last Will + Testament of Farrell O Neill Daily in which Hiram Daily's signature thereon was made in 1820, and this signature (inserted) made on this two recent Affidavits and on his two recent Letters (one letter + Affidavit theretofore and one letter + Affidavit  herewith filed) being the long lapse of time 34 years afterwards, still, if I have eyes to see (underlined) is the identical handwriting of the same person, - and the following points of identity prove it to be.  The last name is written in the following manner is all viz: "Daily" - 1st:  the letter parts of the (underlined) D, being turned in the same manner in all the signatures on the Vouchers and on the (inserted) 2 Affidavits + 2 Letters - 2nd The first part of the (underlined) a being an (underlined) e - 3rd: The first part of the y being made thus (representation of the letter) instead of thus. And 4th: the end part of the (underlined) y having given it a circular flourish thus (representation of the letter).  Thus there are four (inserted) conspicuous marks of identity, bedside the general appearance.  That (underlined) one witness is sufficient in law (and the common law of England in regard to the sufficiency of evidence has been recognized and adopted by the general and every state government) is shown in Bacon's A judgement vol 2 page 597 at which Lord Chief Justice Holt state the "single testimony of one credible witness was sufficient to prove any fact." Also 2 Hawks b.46.2 (illegible) 233 Philips on Evidence Vol 3 page 565, Woods Civil Law 317. Starkie on Evidence 1.552. Here are Ten Witnesses

I am Very Respectfully Your Obedt Sevt
Isaac N. Coffin

Loren P. Waldo Esq.
Commissioner of Pensions

Page 114

Washington April 9th 1857

Sir:

I request leave to examine the Rolls in the Pension Office in relation to the service of Ferril O'Neal who served as Sergeant and Forage
Master in the Regiment of Artillery commanded by Col. Charles Harrison and who received his discharge in the City of Richmond signed by Capt. Leiut. Lewis Booker then Commandant of Artillery.  He has been pensioned as Sergeant of Artillery, but I am certain that he served as Forage Master also, and it is as to his service as Forage Master that I desire the examination.

I am Very Resprictfully Your Obedt. Sevt
Isaac N COffin

S. COle Esq
Chief Clerk
of the Pension Office.

Page 115

Chattanooga, Tennessee
July 5, 1939
Daily, James F
alias Farrell O
alias O Neal, Farrell

Veteran's Administration 
Washington, D.C.

Refer to:
BA-Jady
James Farrell O'Neill Daily
W. 8658
no @ w.8658 7/11/39 (illegible)

Dear Sir:

I am in recept of your letter of June 29, 1939 for which I thank you.

I would greatly appreciate it if you would advise me from what source the various dates in your letter were obtained.  Was this the statment of the soldier who was pensioned or was it obtained from actual documents?

I would also like very much for one statement to be check, that is the statement that James Daily Jr. son of the soldier married January 8, 1818 to ELizabeth Clinten.  My information is that this should be spelled: (underlined) Clinton.  If you will advise me of this I will very greatly appreciate it.

Yours truly,

B. J. Roan

(seal at the bottom of the document, round numbers 1-23 around the outer edge. Image of a tree(?) RECEIVED JUL 6 1939 text is smudged)

Page 116

June 29, 1939,

XXXXXXXXXXXX
BA-J/ady

Mr. E. J. Roan
Box 758 
Chattanooga, Tennessee.

Dear Sir:

Reference is made to your letter relative to soldiers of the Revolutionary War.

The record of the only WIlliam Clinton that is found on the Revolutionary War records of this office and the record of the only James Daily of Virginia and Tennessee that is found on said records are furnished you herewith.

Very truly yours

A.D. HILLER
Executive Assistant 
to the Administrator

Page 117

August 26, 1939.
XXXXXXXXXX
BA-J./MMHT/ady
James Farrell O'Neil Daily
W.8658 (handwritten initials, illegible)

Mr. B. J. Roan
Box 785
Chattanooga, Tennessee

Dear Sir:

Reference is made to your letter in which you request to know the source of the information furnished you in regard to James Farrell O'Neill Daily (W.8658) on June 29, 1939, also, whether or not an error was made in the name of the person whom James Daily married, the name given in the report to you as Elizabeth Clinten, which you believe should be Clinton.

The data furnished you were obtained from the papers which were submitted by the applicants for pension. and from the supporting affidavits and all other papers pertaining to the substantiation of the claim.  All these original documents are on file under W.8568.

All papers in the case have been reexamined and the name Clinten is shown once only.  Both vowels in the name are shaped like the letter I, and there is no dot over either one, so the name should be Clenten, or Clintin or Clinten (the natural assumption) or Clentin.  It is not Clinton.

Very truly yours
A.D. HILLER
Executive Assistant 
to the Administrator