Revolutionary War Pension and Bounty Land Warrant Application File S. 23,081, Joshua Willard, Mass.

SERVICE
Mass.
Willard, Joshua
NUMBER
S. 23081
CONTENTS

21.683  New Hampshire  Joshua Willard of Stratford in the State of N.H. who was a Private in the Company commanded by Captain Sawyer of the Regt commanded by Col. D. Steele in the Mass line for 12 mos & 27 days
Inscribed on the R ll of New Hamp at the rate of $43 - Dollars _____ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of Oct  1833 and Sub Thos M  Edwards  Reve  N.Hamp.
Arrears to the 4th of Sept 1833  $107.50 Semi-ant. allowance ending Phu 34 - 21.50  $129.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. S. Adams Clerk, Book C Vol. 151 Page 128

10.485
Joshua Willard
1 year & 27 days Rich
16.06
1 March July 26 1833
P. 281
How. H. Hubbard H.H.
400 00 3 00
Heath Edwards
86 00 21 50
Keene 107 50
H.H.
J. M. Edwards Esq Keene N.H.

BRIEF in the case of  Joshua Willard  of  Surry  in the State of  New Hampshire  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Open Court.
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Seventy three years.
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     for his father In 1776 Aug th 2 1/2 15 Gen. Same   enlisted 1777 3 Capt Sawyer. Col Dykes.   volunteered " " 3 Capt Greenleaf. Col Cushing   " 1778 Aug th 1 12 Capt Sawyer. Col Whitney   " 1779 3 Capt Dyer   12 27  
5. In what battles was he engaged? Still water, Saratoga,
6. Where did he reside when he entered the service? Lancaster.
12 15  12   27
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? two persons calling to traditional evidence David O'Baylon, John Snow, David Gorry. & Princess Wilder, living witnesses.
8. Are the papers defective as to form or authentication? and if so, in what respect?
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Kent Examining Clerk.

Declaration of Joshua Willard of Surrey 10.685 Chetham Co A.H.

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, COUNTY OF CHESHIRE, ss.
On this Sixteenth day of August 1832 personally appeared in open Court, Before the Hon Aaron Malton Judge of Probate for said County of Cheshire
now sitting, Joshua Willard a resident of Surny in the county of Cheshire and State of New Hampshire aged Seventy three last April 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.
1st In the year 1776 - in August Went from Sterling then a parish of Lancaster and two months in the half Words in Captain Mannassah Sawyer's Co. in Col Dyer's Regiment Stationed at Dorchester - was employed carrying rods to help build a fort on Dorchester hill - a part of the time on the cable or fatigue duty - My father & a neighbor - had engaged to do a five months service between them - His neighbor's son performed the first 2 1/2 months and I the second half of the term. 2. In 1777 - about 1 st January enlisted for three months in the same Company as above & same Regt and was stationed also at Dorchester - was keeping guard & fatigue duty - was employed a part of the time in knocking mortar from the bricks that had been in the magazine which had been blown up - served the three months & dismissed there. 3 In 1777 - volunteered for three months in Captain Greenleaf's Company - in Col Gaskins Regt. marched to Bennington, Vt. in July or Aug - arrived Bennington a few days after the Battle of Bennington - thence to Still water - was in the battle there - then - also at Saratoga - was there at the surrender of Burgoyne - after which he was marched to Albany - down the River almost to New York City - dismissed there when the three months were out - the exact place where I can't state. 4. In 1778 - In August enlisted for the term of six weeks in Capt Sawyer's Comp y again, in Col Whitney's Regt. went from Lancaster - to Rhode Island - on to the Island under Genl Sullivan - The french fleet lay off the island - retreated off - dismissed at the end of the six weeks - 5. In 1779 - volunteered for three months - in Capt Luke Hildes Comp y - in whom Regt I can't tell - The companies were scattered - went through Brookfield, and Great Barrington to Albany - then to New City - to protect them agt the Indians - The Capt of the other Comp y that was with us at New City was from Fitchburg Mass - was dismissed there at the end of our term.

Further that he was born at Lancaster Parish, now called Sterling. - in Apr 1759 - except there is a record of his birth on the Town Books at Lancaster. Lived at Lancaster when he went into the Service - lived where he was born until 1809 - then at Fitzwilliam - one year at Sullivan a short time - at Gilsum some years - at Surry where I now live - the last three years. - was a volunteer in all the services - and a substitute for my father Ephraim Willard the first 2 or 3 months. - That when he moved at Dorchester there were none but militia as he recollects - at Stillwater recollects Genl Eddy - Arnold Genl Lincoln, he thinks, - at R. Island Genl Sullivan. - never had any written discharge. -
Capt True Wetster and Mr John Dustin who live who live in my neighbourhood, said Wetster in Gilsum near the town line - met to said Surry - and said Dustin off said Surry, are acquainted with me and I believe can testify as to my veracity and their belief of my service as a soldier of the Revolution. -
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of the Agency of any State.
Joshua Willard
Sworn to and subscribed the day and year aforesaid.
before me Aaron Watson Judge of Probate
We, True Wetster of Gilsum and John Dustin of Surry both in the County of Cheshire
hereby certify, that we are acquainted with Joshua Willard who has subscribed and sworn to the above declaration; that we believe him to be twenty three 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.
True Wetster John Dustin
Sworn and subscribed the day and year aforesaid.
before me Aaron Watson Judge of Probate
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 True Wetster who has signed the preceding certificate, is a resident of the Town of Gilsum aforesaid and that John Dustin who has also signed the same is a resident of Surry aforesaid and are credible persons and that their statement is entitled to credit.
Aaron Watson Judge of Probate
I, Asa Parker Register of the Court of Probate for the County of Cheshire do hereby certify, that the foregoing contains the original proceedings of the Court in the matter of the application of Joshua Willard for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this sixteenth day of August A.D. 1832
Asa Parker } Register of said Court of Probate

5 Phineas Wilder's Affidavit For Joshua Willard

Phineas Wilder of Sturtevant in the County of Worcester Commonwealth of Massachusetts. testify and say, that I was seventy one years old last February; that in the month October 1779. I think, I enlisted into the Company of Artillery, com- manded by Capt. Luke Wilder, one of whose Lieut s name was Andrew Haskell, both of Lancaster in said County for the term of three months, for the purpose of protect- ing a place, then called New- City, now Troy, in the State of New-York, against the aggressions of the Indians; that Joshua Willard then of the West Parish in said Lancaster, now a resident of the town of Sturtevant, the County of Cheshire and State of New Hampshire, was a private in said Company, and marched with me through Brookfield to Great-Barrington; thence through Albany to said New- City; that said Joshua Willard continued, and did duty in said Company during the whole term, at the close of which we were all discharged. We did not see any Indians while we were there. I cannot recollect the Name of Col. who commanded the regiment to which we belonged. I Phineas Wilder
Worcester. August 11 th 1832.
Then the above named Phineas Wilder personally appeared, who in my presence subscribed and made oath to the truth of the foregoing affidavit, and I certify that said Wilder is well known by me and is deemed a man of truth.
Mr. Justin Justice of the Peace
I certify that Phineas Wilder the above deponent is a credible witness Mr. Justin Justice of the Peace

Commonwealth of Massachusetts.
Worcester, fs.
I, Abijah Bigelow, clerk of the Judicial Courts, holder within and for the County of Worcester, do hereby certify, that Alexander Gustin, Esquire, before whom the foregoing Affidavit of Phineas Wilder was made and sworn to, is a Justice of the Peace within and for the County of Worcester, and that his signature thereto appears to me to be in his own proper hand writing.
In testimony whereof I have hereunto set my hand and affixed the County Seal this sixth day of September, A. D.
1832.
Abijah Bigelow, Clk.

3.
Affidavit for Lorhina Willard

I John Snow of Dublin in the County of Cheshire and State of New Hampshire being more than seventy years of age do hereby say that I am knowing to John Willard of Saratoga in the County aforesaid serving three months in the State of New York at Stillwater Bemis heights, Saratoga at the surrender of Burgoyne and other places in said State a Soldier in Capt. Gurnee's company. - Boston first Lieut. Moses Newhall Second Lieut. Jos. Cushing Col. of the Regt. in the time of the Revolutionary war term of time commencing Sept. 1 st and ending with the last day of November 1777. I served in the same company with said Willard. John Snow
State of New Hampshire Cheshire County } Dublin Sept 7 th 1832
Then John Snow above named personally appeared and made solemn oath that the foregoing affidavit begun subscribed is true before me Joseph Appleton Justice of the Peace
Cheshire J. Aug. 17. 1832
I Salma Hale Clerk of the Judicial Courts in said County certify that Joseph Appleton is a Justice of the Peace in and for said county - and that the foregoing is his signature. - In testimony whereof I have at office the seal of our Superior Court of Judicature
S. Hale Clk

1 st Affiant
His
Joshua Willard
Affidavit of David E Boynton

I, David E Boynton of Sullivan in the county of Cheshire & state of New Hampshire of lawful age do testify & say, that in the year 1876 I was acquainted with Joshua Willard now of Sullivan in said county of Cheshire. That we both then lived at Sterling in the county of Worcester in the state of Massachusetts & went from there into the service in the company commanded by Capt. Moses Sawyer, in Col. Dyke's Regiment about the middle of August on the first of June - for three months, & that he served a term of two & half months previous to that time were stationed at Dorchester front served through our term, and were dismissed there together. That I have always been acquainted with him since - David E. Boynton
Cheshire ss
Subscribed & sworn to the 28 th
of July 1832
Before me David Brigham, Jus Peace
Cheshire ss. Aug 17. 1832
I certify Salina Hale, Clerk of the Superior Courts in said county certify that David Brigham is a Justice of the Peace in and for said county, & I believe that the foregoing is his signature. In testimony whereof I hereunto affix the seal of our Superior Court of Judicature
S. Hale, Clerk
I certify that David E Boynton the above deponent is a credible witness -
David Brigham Justice of the Peace

4
David Ferris Affidavit for Joshua Willard

David Gerry of Sturminster in the County of Worcester and Commonwealth of the Massachusetts testify and say that I was twenty five years old last October, that I have been acquainted with Joshua Willard of Gerry in the County of Cheshire and State of New Hampshire, formerly of the West Parish of Lancaster in said County, now Sturminster since we were boys, that in the months of August I think, in 1778. I enlisted, as a volunteer in a company of Militia commanded by Capt. Mansfield Kennebec of said West Parish, in the Regiment commanded by Colo. Whitney of Harvard in said County of Worcester for the term of six weeks, we marched from Lancaster to New-Port in the State of Rhode Island. That said Joshua Willard was a soldier at that time in said company, and marched from Lancaster with the company and continued to perform service in said company during said term of six weeks and was dismissed with the remainder of the company. We remained on said Island until we were ordered by Genl. Sullivan to retreat, lest we should be taken by the British.
David Gerry
Worcester. August 11 th 1832.
Personally appeared the above named David Gerry, subscribed, and made oath to the truth of the foregoing affidavit.
Before me. Hon. Dustin, Justice of the Peace.
I certify that David Gerry the above deponent is a credible person. —
Hon. Dustin Justice of the Peace

Commonwealth of Massachusetts. Worcester, ss.
I, Abijah Bigelow, clerk of the judicial courts within and for the county of Worcester, do certify, that Alexander Dustin, Esquire, within named, is a justice of the peace in and for said county of Worcester — and his name to the certificate of the oath of David Gerry, as within stated, appears to be in his own proper hand writing.
In testimony whereof, I hereunto set my hand, and affix the county seal, this twenty eighth day of August, in the year of our Lord one thousand eight hundred and thirty two.
Abijah Bigelow, Clerk.

Revolutions
23081.
INVALID.
File No. 23,081
Joanna Willard His Rev. Wife
Act: June 7 th 39 th
Index:—Vol. 2 , Page 252
[Arrangement of 1870.]

10485
John Willard
Hon. H. Hubbard H.R.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joshua Willard which require further proof or explanation.
I. Does the declaration show where the applicant resides? neg II. Did the declarant make the declaration in the county where he resides? neg 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? neg IV. Has the declarant mentioned the period or periods of the war when he served? neg 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? neg VI. Has he given the names of the officers under whom he served, in conformity with the regulations? neg VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? neg VIII. Has the Court given their opinion? neg IX. Has the Clerk given his certificate? neg 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? neg

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? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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? to one only (no)
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
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?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 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."

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 objectionable. 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 to 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.