Revolutionary War Pension and Bounty Land Warrant Application File S. 2,371, William Berry, Va.

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[typed form, with handwritten responses]

(3-1776) 

SERVICE
Va. 
Berry, William 
NUMBER S 2371

carded.
CONTENTS

See N.A. Acc. No. 874
050013 -
Not Half Pay
William Berry

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[typed form, with handwritten responses] 

[left side] Ohio 13,309
William Berry
of Mercer Co. in the State of Ohio who was a private in the Co. commanded by Captain Tilford [Telford] of the Regt. commanded by Col. McDowell, in the Virginia line for 7 mos. & 12 days.

Inscribed on the Roll of Ohio
at the rate of 24. Dollars 66 Cents per annum, to commence on the 4th day of March 1831.

Certificate of Pension issued the 24th day of June 1833 and sent to James Watson Riley C. C. Saint Mary’s Mercer Co. Ohio.

Arrears to the 4th of March 33 49.32
Semi=anl. [annual] allowance ending 4 Sept. 1833 12.33
$61.65

{Revolutionary Claim}
{Act June 7, 1832}

Recorded by Wm R Palmer, Clerk,
Book E Vol. 8 Page two

[right side] Order to pay 12 Sep. 1837
Death not on AB

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Wm Berry
20075

Wm J Thomas agt. Troy

[written sideways] In testimony whereof I have hereunto set my hand & seal of office this 2d day of Novr [November] 1832
James Watson Riley clk [Clerk]

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The State of Ohio Mercer County SS. 
On this second day of November in the year of our Lord Eighteen hundred & thirty two personally appeared in open court before the court of Common Pleas for county aforesaid now sitting, William Berry a resident of Saint Mary’s in the county aforesaid, aged sixty nine 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 under the following named officers and served as herein stated 
That he entered the said service in Rockbridge county in the state of Virginia some time in the month of February 1781 as a volunteer in a company of drafts & volunteers raised for the performance of a three months tour of duty, which company was commanded by Capt. Alex’r. Telford [Alexander Telford] in the Regiment commanded by Col. Samuel McDowell & Major Alexander Steward [also spelled Alexander Stuart] – that he with the company & Reg’t. [Regiment] aforesaid marched from Rockbridge county aforesaid, across Roanoake [Roanoke River] the Blue Ridge, through Bedford county across Staunton river & Dann river [sic: Dan River] to Guilford – that he was in the battle of Guilford [Guilford Courthouse NC, 15 Mar 1781] – that Gen. Stephens [sic: Edward Stevens VAS1922] commanded the militia in said battle & that the army was under the command of Gen. [Nathanael] Greene – after the battle he remained with the army in the neighborhood of the battle ground until his term of service expired when he was discharged and returned home – 
And further that about the 1st of June 1781 he entered the service of the United states in Rockbridge county aforesaid as a volunteer in the company commanded by Capt. John Telford in the Regiment

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commanded by Col. John Boyer [John Bowyer]. this force was raised in consequence of a report which had been received that the British had made a landing and were marching up through virginia [Virginia]. nearly every man in the neighborhood capable of bearing arms turned out. - they marched from said county to Deep run church about 12 miles from Richmond at which place it was ascertained that the British forces had retired and the services of the militia being no longer required he was there discharged from the service – that he was in the service last aforesaid about six weeks and further, that about the last of July or first of August he again entered said service in Rockbridge af’d [aforesaid] as a drafted militia man for the term of three months in the company commanded by William More [William Moore]. that the troops raised in said county rendesvoused [rendezvoused] at Col. Andrew Mores [Andrew Moore’s] in said county and marched from thence to Richmond, Williamsburg, and thence to York Town - that he was there during the siege and at the surrender of Cornwallis [19 Oct 1781]. that he was one of the guard[d] to conduct a body of about four thousand prisoners to Winchester Virginia where he was discharged from the service at the expiration of his said term being still under the command of said capt. More [Captain Moore].
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. He further states –
1st. That he was born in Augusta county Virginia on the 18th day of March 1768 
2 He has a record of his age in his possession 
3d He lived when he entered at the place before mentioned. That he resided in Rockbridge Co. Va. until 1794 when he removed to Fayette county Ky. where he remained about 3 years & then removed to Scott Co. K. where he remained 10 or 11 years. from thence he

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removed to Miami County Ohio where he remained until 6 or 7 years ago when he removed to the town of St. Mary’s Mercer County Ohio where he has resided ever since and where he now resides 
4th He has already stated how he was called into the service 
5 He is not able to state the names of any of the officers in the service with him further than he has already stated them
6 He never received a written discharge from the service 
7 He states the names of Isaac Applegate & Wm. Armstrong to whom he is known in his present neighborhood and who can testify as to his character for veracity and their belief of his services as a soldier of the revolution 
That he has no documentary evidence, and that he knows of no person, except Alexander Telford [pension application S4681], whose affidavit he has procured, who can testify to his services. 
Sworn to & subscribed the day & year aforesaid in open court Nov. 2d 1832}
James Watson Riley clk [Clerk]
[Signed] Wm Berry

We Isaac Applegate & Wm. Armstrong residing in the town of St. Mary’s in the county of Mercer State of Ohio hereby certify that we are well acquainted with William Berry who has subscribed & sworn to the above declaration; that we believe him to be sixty nine years of age; that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion 
Sworn to & subscribed the day & year aforesaid in open court}
James Watson Riley clk [Clerk]
Isaac Applegate
and William Armstrong

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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 soldier and served as he states. And the court further certifies that it appears to them that Isaac Applegate and William Armstrong who have signed the preceding certificate are residents in the county aforesaid and are credible persons and that their statement is entitled to credit. 
I James Watson Riley clerk of the court of Common Pleas aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William Berry for a pension
In testimony whereof I have hereunto set my hand & seal of office this 2nd day of Nov 1832
James Watson Riley clk [Clerk]

[written sideways] Wm Berry 20075 Wm J. Thomas agt. Troy

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The State of Ohio} 
Mercer County} SS. Personally appeared before me the undersigned a Justice of the peace within and for said County William Berry a resident of St. Mary’s in s’d. [said] County and produced to me his application for a pension under the act of 7th June 1832 marked No. 20075 with an accompanying brief of the same number from the Pension office &c and being sworn saith that the application aforesaid to which this is attached is his declaration &c. that he cannot positively swear as to the precise length of his service but according to the best of his reccollection ]recollection] he served not less than the periods mentioned below, and in the following grades for three months as a volunteer private under Col. Sam’l. [Samuel] McDowell Major Alex’r. [Alexander] Steward and Capt. Alex’r. [Alexander] Telford. – for forty two days as a volunteer private in the United States Service under command of Col’n. [Colonel] John Boyer and Cap’tn. [Captain] John Telford – for three months as a drafted militia man in the company commanded by Cap’tn. [Captain] William Moore. was at the siege and battle of york town [Yorktown] as a private in s’d [said] last company &c – Deponent believes the last term of service to have been over three months but is not willing to swear positively to the excess and has placed all his several terms of service within the actual time as he verily believes. This deponent further states that as answers to Nos. 11 & 12 of the brief, there is no clergyman settled and resident within his County to whom he could

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apply for an affidavit. that the two citizens whose testimony he procured to wit Isaac Applegate and William Armstrong are the Sheriff of the County and the Auditor of Public Accounts – 
That Deponent claims a pension for the several terms of service specified and further saith not
Sworn to and subscribed before me at St. marys [Marys] the 29th day of march [March] 1833,
Signed] Wm. Berry {Seal}
Henry M Helm Justice of the Peace

The State of Ohio} 
Mercer County} SS I, James Watson Riley Clerk of the Court of Common Pleas of s.d [said] Com. do hereby certify that Henry Helm Esquire, before whom the above disposition appears to have been taken, is and was on the day of the date thereof an acting Justice of the Peace within and for said County duly commissioned and qualified and his official acts are entitled to full faith and credit as such. 
In testimony whereof I have hereunto set my hand and affixed the Seal of our Court of Commons Pleas at St. Marys the 29th day of March 1833 

James Watson Riley

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No 20072

William Berry Mercer County State of Ohio 

13.309. 

Adm 7 months & 12 days 
23.33 
1.11 
22
24.66 

James Watson Riley Clerk, Mercer Co. Ohio

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[typed form, with handwritten responses]

BRIEF in the case of William Berry, County of Mercer in the State of Ohio
(Act 7th JUNE, 1832.)

1.  Was the declaration made before a Court or a Judge? Court

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3.  How old is he? 69 years

4.  State his service, as directed in the form annexed.

[column headings: Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.]
Vol In 1781 3 [months] As a Private Capt. Alexander Tilford [Telford]
“ “ 1781 about about 42 [Days] “ Col. Saml. McDowell Major Alex. Stewart
Drafted “ 1781 3 [months] “ Capt. John Tilford Capt. Wm. More, Col. Andson [Anderson] More

5.  In what battles was he engaged? Guilford, York Town

6.  Where did he reside when he entered the service? Rockbridge County Virginia

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living & Traditionary

8.  Are the papers defective as to form or authentication? and if so, in what respect? yes Alex Tilford’s affidavit is not properly attached

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Daniel D. Davidson Examining Clerk.

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Treasury Department 
Third Auditors’ Office 
Oct: 18: 1856 

Sir
Application having been a made at this office in the case of Wm. Berry, decd [deceased] a Revolutionary pensioner for arrears of Pension, for a number of years before his decease. I respectfully request to be informed how the case of said pensioner stands on the books of your office, and whether payment thereof has been suspended or not. 

Respy your obt Servt [Respectfully your obedient servant]
W A S Taylor
Acting Auditor

J Minot Esq. Comr [Commissioner] of Pens.}

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[written sideways] Cole

Per AB. Act 23 56 Auditor informed that there is no impediment to payment of this arrears

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[written sideways] Cole

Pension Office Oct. 21, 1856 
The Third Auditor is respectfully requested (to enable unto first William Berry’s name, & report condition of his case to the Aud.r [Auditor]) to inform us under what Act the application for arrears is made, and on the roll of what state or agency the deceased pensioner was inscribed.
S. Cole 
for Commissioner 

Ansr [Answer] Act 7 June 1832 Cincinnati, Ohio} 
Agency} 
3 Audr [Auditor] of seal}

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[typed form, with handwritten responses]

[left side written sideways] 1932 July 16. Mrs. Orville D. Dailey ref. to the Gen. Account. Office See Edw [Edward] Otis, S.32425

[right side] Rev War 2371 
Invalid. Own
File No. 2371 
William Berry 
Privt [Private] Rev War 
Act: June 7 1832 
Index:-Vol. A, Page 25 

[Arrangement of 1870]

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[typed form, with handwritten responses]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of William Berry which require further proof or explanation.

1.  Does the declaration show where the applicant resides? Yes

II.  Did the declarant make the declaration in the county where he resides? Yes

III.  If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV.  Has the declarant mentioned the period or periods of the war when he served? Yes

V.  *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? [crossed out] Yes No #

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations? Yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes

VIII.  Has the Court given their opinion? Yes

IX.  Has the Clerk given his certificate? Yes

X.  Is the Clerk’s seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

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[typed form, with handwritten responses]

2

XI.  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No Two Citizens

XII.  If the clergyman’s affidavit has not been produced, is there any reason assigned for not obtaining it? No 

XIII.  If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?

XIV.  +If the applicant’s name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?   Yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? The Court has
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant’s service? Yes

XVI.  Are the papers authenticated as the regulations direct? No

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not answered?

EXPLANATORY NOTES.
*QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For --- year -- months, and -- days, I served as a -- For -- months and -- days, I served as a -- ; and for such service I claim a pension."

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[Typed form]

3

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectional.  Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
+QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line in which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
+QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
👉🏻In every case where the Clerk of the Court, or other certifying officer, has no public seal of office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

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William Berry
Mercer Co. Ohio

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The State of Ohio Miami County. S.S. 
Court of Common Pleas Septr. [September] Term 1832 

Personally appeared in open court Alexander Telford who being duly sworn saith that William Berry of Mercer county Ohio, entered the service of the United states as a volunteer or draft in a company composed of drafts & volunteers, about the month of Feby 1781 in the county of Rockbridge state of Virginia, which company was under the command of Capt. Alexander Telford, for a three months tour of duty in the Regiment commanded by Samuel McDowell & Major Alex’r [Alexander] Steward; this deponant [deponent] knows that the said Berry left home in said service and returned home about the end of three months or more – that on the return of the said Berry this deponant had a conversation with him and got an account of the battle of Guilford in which he was engaged as he stated and this deponant learned from him that Capt. Alex’r Telford was killed in said battle which was the first account this deponant received of that fact – and further that about the 1st of June 1781 the said Berry entered said service in Rockbridge Co. aforesaid as a volunteer in the company commanded by Capt. John Telford – this deponant was in the same company, which was in the Regt commanded by Col. John Boyer – they marched to Deep river church about 12 miles from Richmond and their services being no longer required they were there discharged and returned home – that said

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Berry was in the service, on the tour last aforesaid five or six weeks – further that this deponant [deponent] saw the said Berry in the service of the United States at Yorktown about the commencement of the siege, in the company commanded by Capt. William More – that at the time of this deponant’s discharge about the close of the siege, the said Berry was still in the service as aforesaid, and as he understood and believes remained there until the surrender and helped convey the prisoners to Winchester Va. this deponant does not recollect the exact time when the said Berry returned home as he has been, for some time before and after the time he understood said Berry returned, labouring [laboring] under severe indisposit[ion] but he fully believes that the said Berry served out his full term of three months 
Alexander Telf[ord]
Sworn to & subscribed be in open Court 
24 Sept 1832 
J.G. Telford Clk [Clerk] 

[written sideways] Alexr Telford affidavit