Revolutionary War Pension and Bounty Land Warrant Application File R. 796, James Berry, Del.

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(3-1776)
 
SERVICE
Del.

Berry, James

NUMBER
R. 796

CONTENTS

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State of Ohio
Hamilton County} Ss.
On this second day of April in the year Eighteen Hundred and forty five personally appeared in Open Court before the Court of Common Pleas within and for Hamilton County aforesaid now sitting James Berry a Resident of the City of Cincinnati in said County aged eighty five years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832. That he entered the service of the United States in the State of Delaware in the Second Delaware Regiment of the Flying Camp under Herman Schillington. The Colonels name was Henry Neal of Lewistown in Delaware in the year Seventeen Hundred Seventy Six he further saith that his name was Registered at Dover in the State of Delaware he served four months in this Regiment. The next Regiment that went out he says he was a volunteer in Charles Nixon's Company and was in a skirmish at the mouth of Steal Creek when General Arnold was going to give Gen. Washington an invitation to dinner and was on his road to see Washington at Head Quarters at Tanpon. He further saith he was with the party that attacked the Barge and killed four and wounded eight of the Brittish. He further saith that he was the person that took nine Hessians and nine regulars of the Brittish army in the latter part of October. A.D. 1776 - after which Genl. Mercer sent him with a flag of Truce to Staten Island. he was also in the Battle of Trenton when the Hessians were taken and was in the principal battle in New Jersey viz Princetown and other places. He further saith that according to the best of his recollection the State of Delaware paid her own Troops, and believes that it was not customary

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to give written discharges. He says he served in Captain Charles Nixon's Company four months
He says he once had a certificate from Colonel Allen McLean of discharge but has lost or mislaid it. He says that about 19 or 20 years ago he placed some papers relating to his services in the Revolutionary War in the hands of Samuel F. Hunt Esq. who undertook to assist him said Berry in procuring a pension said S.F. Hunt Esq. died shortly after before affecting any thing and the papers relating to it said Berry said he never could recover and cannot say what has become of them. He further saith that he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the Agency of any State
[signed] James Berry
Sworn to and subscribed the day and year first aforesaid
[signed] E.C. Roll, Clerk, C.C.P.H.C.O.

We William Burke a clergyman residing in the city of Cincinnati and Hugh McDougal residing in the same place hereby certify that we are well acquainted with James Berry who has subscribed and sworn to the foregoing declaration. That we believe him to be eighty five years of age. That he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
[signed] William Burke
H.M. Dougal
Sworn to and subscribed this 2nd day of April 1845.
[signed] E.C. Roll. Clerk. C.C.P.H.C.O.

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Questions proposed by said court
1st Where were you born?
Answer, by applicant. In the State of Maryland on Deer Creek
2d. Have you any Record of your age? if so where is it?
Answer, I have no Record only traditionary from my parents. was born on 14th October in the year 1759.
3d. Where were you living when called into service. Where have you lived since the Revolutionary War; and where do you now live?
Answer. I was called into service in Smyrna in the State of Delaware. I lived in the State of Maryland in Chester Town after I removed from Delaware. afterwards to Cecil County on Sassafras Neck afterwards in Baltimore and have lived in Cincinnati about twenty five years where I now reside
4th How were you called into service were you drafted or did you volunteer, or were you a substitute; for whom?
Answer. I listed in Kent County Delaware in the Flying Camp under Capt. Schillington. I was a volunteer under Charles Nixon Captain. Delaware State Troops
5th State the names of the Regular Officers who were with the Troops where you served; such continental and militia regiments as you can recollect and the general circumstances of your service
Answer. Colonel Henry Neal. Capt. Schillington. Capt. Charles Nixon Leut. Benjn. Gibbs & David Maxwell Genl. Mercer. Leut. James Frazer
6th Did you ever receive a discharge from the service and if so by whom was it given and what became of it.
Answer. I did not receive nor any of the company under Capt. Schillington a discharge. I got a discharge from Cl. Hnery Neal which has been long lost. 
7th State the names of the persons to whom you are known in your present neighborhood and who can testify to your character for veracity & their belief of your services as a soldier in the Revolution
Answer Judge Geo. P. Torrence. Hugh MDougal late

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Auditor of Hamilton County Danl. Gans Esq. Clk Superior Court. Thomas Hirsholder Esq. Recorder of deeds. Griffin Yeatman late Recorder & Judge Wm Burke 
[signed] James Berry
Sworn to & subscribed this 2nd day of April 1845.
[signed] E.C. Roll. Clerk. H.C.

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary Solder and served as he states. And the court further certifies that it appears to them that said William Burke who has signed the preceding certificate is a clergyman Resident in Cincinnati and that Hugh McDougal who has signed the same is a resident of the same place and is a credible person and that their statement is entitled to credit.

I, Edward C. Roll Clerk of the Court of Common Pleas within and for Hamilton County in the State of Ohio do hereby certify that the foregoing contains the Original proceedings of the said court in matter of the application of James Berry for a pension.
In testimony whereof I have hereunto set my hand and seal of office his second day of April A.D. 1845.
[signed] E.C. Roll. Clerk. C.C.P.H.C.O.

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Berry
Rec 25 Jan 4
Suppl due
James
Berry
J. L. Edwards
Commissioner of Pensions 
Washington City
Dist. of Columbia

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State of Ohio
Hamilton County Ss
Additional Declaration of James Berry Applicant for a pension under the act of Congress of 7th June 1832.
James Berry the above applicant having been duly sworn in open court, declares under oath that he first enlisted in the Delaware Flying Camp under Captain Thomas Skillington. The Lieutenant was Benjn Gibbs. 2d Lieut. was David Maxwill and was in service a little [illegible] of four months, during those 4 months he took the Hessians on Staten Island at a little town called Cuckold's Town this was 1776. he says he was engaged in the battle at the Church in said Town where forty of the Brittish was killed shortly previous to taking the prisoners (18 as stated former deposition) he says he was in the battle of Trenton New Jersey when about 900 or 1000 Hessians were taken and was in a skirmish with the Brittish the next day Says he was with Genl. Washington at Princetown and was in that Battle about 1st Jany A.D. 1777 - when about 400 prisoners were taken after running them for miles. He futher saith after the Termination of his first campaign he enlisted in 1780. under Captain Charles Nixon in the Third Delaware Regiment & for four months during this service was at West Point and had a Brush or fight with the Brittish Barge and killed five and wounded Eight at [illegible] This was the time that Genl. Arnold was about giving an invitation to Genl. Washington to take a dinner with him at the fort and the Time that Major Andre was going towards New York and was taken that same night. He says he served out these latter four months and with this said last company were all discharged. He says he lost all his papers by putting them in the Hands of Saml. F. Hunt about Twenty years ago, who agreed to attend to getting him a pension, but as he was informed by said Hunt, and verily believes that he got drunk and lost them as he said Deponent

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have never heard of them since amongst the papers was a certificate of Col. Allen McLean stating the time of service during the Revolutionary War. After the termination of the last four months he says he belonged to a Company of Minutemen to keep down the Tories under Colonel Charles Pope and continued in this Company from 1780 to the end of the war during this last service he says retook a vessel of provisions [illegible] which the Brittish took at Duck Creek and had a battle with the captors of the vessel and killed five of them. He further says he was cap of his guard the day that Cleary Clough the Tory was king at Dover. This said Clough had a Company secreted in the woods about 500 Tories who ravaged and plundered the farmers and others in that part of Delaware said Col. McLean was at Dover when Clough was hung. John Clayton was Sheriff. He further declares he has as yet received no answer of the letter requesting the Secretary of the State of Delaware to examine the old record of that state.
[signed] James Berry
Sworn and subscribed this 18th June. 1845, in open court
[signed] Edward C. Roll, Clerk of the Court of Common Pleas, within and for the County of Hamilton and State of Ohio,
by RB Warden, Deputy
In testimony whereof, I the Clerk aforesaid, have hereunto set my hand, and affixed the seal of our said Court, at Cincinnati, the day and year last above written.
[signed] Edward C. Roll, Clerk, H.C.P.
by R.B. Warden, Deputy.

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April 14, 1848.
James Berry
June 7, 1832

From
A. Duncan M C
L Edwards Esq
Pension Agent
Washington City
Dist. of Columbia

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Cincinnati 10th April 1845
Dr Sir,
I have written to John Houston Esq. Secretary of the State of Delaware for the purpose of getting him to examine the old files of the State troops during the Revolutionary War in which the said James Berry says his son in law who was in the office 18 or 20 years since showed him his name on the old files and [illegible] as to his taking the Hessians. and if found to forward me a certificate of the facts which will be forwarded to you as soon as Recd. 
Yours with Respect
[signed] H McDougal
JL Edwards Esq.

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Ex'r.           INVALID
NO.  796

REJECTED (off to right side)

(line deleted - Acte of July 14, 1862, and March 3, 1873)

James ( underneath Joseph crossed out) Berry

P.O. ----
Service: -------
Enlisted::  -----,18---
Discharged: ---,18---
Application filed:------
Alleges: ---------
Re-enlisted:-------
Attorney: ------------
P.O. --------------

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No 32.335

James Berry
Ohio

796

Set to H. McDougal 27 May 4(?)
Hon J.J. Farran Feb 28, '4(?)

Let to above March 31, '46 (sic 1846)
Letter to same April 1, 1846
Same December 30,'46
Let to Eldrege Ho.  April 2nd, 1849

Act 7 June 1822

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Jas Berry
[illegible] [illegible]

Mr. J. J. Faran
[illegible]

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[drawn picture of pointing finger]
Send the Papers of James Berry to the Hon. J.J. Farran, House of Reps if they can be sent. If not, please to let me know - and write to W.F.
Enter this Memo in the Book
JLE
23 Dec. 46

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32.335
James Berry
Ohio.
Act. 7. June '32

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Hall House Reps
Feby 12 1846
Jno. L. Edwards Esq
Sir, I will be under obligations, if you will furnish with a statement of the present position of the claim of Mr. Berry, referred to in the accompanying letter.
Very Respectfully
Your Obt. Ser
[signed] Jos. J. Faran

To
Court Pension Office

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From
J W Stone

 Hon J. L Edwards
Comm (sic Commissioner) of Pensions 
Washington   D.C.

(Left side of Envelope)

April 14. 184(?)
James Mills 
June 7, 1832

Receipt Stamp

Taylorsville  KY

Apr 8

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Taylorsville Spencer County
April 5, 1845

Dear Sir
Enclosed you will find the Declaration of James Mills in proof for a pension. 
I have known personally Mr. Mills for a number of years he resides in this county but two miles from this place . He is a man of the strictest integrity and his statement may be implicitly relied on. I am also understood the reason this application was now made at an county any way that he did not know but recent vicinity where Patrick Mersile resides. The county where where he comes from his service in the Revolutionary Congress. I hope to give this all attention here communicate to Mr at the place of enlistment

James W Stone

Harold JL Edwards
Commissioner of Pensions
Washington

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Washington April 1st 1849

Col. JL Edwards

Sire

A Mr James Berry, a private of the Delaware State Volunteers, considering himself entitled to a pension under a law of 1832 or thereabouts, placed his paper and proof in the hands of one Freeman of Freeman Hunt of Cincinnati to be filed in your office for the purpose of getting the pension about 1836. Hunt died, allegedly he had lost the papers but date circumstances induce the parties to think he received and used the money. Can you inform us, on the part of Joseph Berry's heir, whether it was so or whether the papers are on file in your office.

Respectively Yours
Eldredge Platt Stewart
Office Corly and 12th

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Washington
Saturday March 21 1846

J. L. Edwards Esq.
Commissioner of Pensions

Sir: I enclosed you the certificate of John Walls Secretary of State of Delaware relative to James Berry who is an applicant for a pension.

Very respectfully
Joseph J Faran

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I, John Wales, Secretary of the State of Delaware and as such keeper of the Revolutionary Records of said State do certify that the name of James Berry is on the Pay Bill of Captain D Hall's Company as a private in the year of 1776, but that the records are so imperfect no further information can be obtained from them

In testimony whereof I have hereunto set my hand and affixed my official seal at Wilmington, this twenty eighth day of February in the year of our Lord One Thousand Eight Hundred and Forty Six. 

John Walls