Revolutionary War Pension and Bounty Land Warrant Application File W. 15860, Nicholas Weaver, New York

SERVICE
NUMBER _____
New York
Weaver, Nicholas Elizabeth
No. 15860
CONTENTS

8259
New York
Elizabeth Weaver, the widow of Nicholas Weaver who was a pensioner under the Act of and who died on the 15th Nov. 1824 of Fulton in the State of New York who was a Private in the Company commanded by Captain Salomon of the Regt commanded by Col. Allen in the New York line for 14 mos & 20 days 24th Comp 2d Regt
Inscribed on the Roll of Albany at the rate of 22 Dollars 8 Cents per annum, to commence on the 4th day of March, 1836, and terminating on the 4th March 1844
Certificate of Pension issued the 2nd day of April 1844 and signed by Eliz H. Ellis Rep of Reps
Total Amount, $110.40
[Act July 7, 1838.]
Recorded by Thos Van Klief Clerk, Book X Vol. 6. Page 187.

Infant
Feb 6 Adam we are may 2 1844 - do to H. C. Ellis H.R. May 30. 1844 - do to same 26 June 1844 - do to B. J. F. Yates July 19. 1844 - do to same
payable to Jacob, Adam, and Peter Meara Delany, Frederick and Catherine Conaghan Children of Elizabeth Meara, dec.

In pursuance of a Van passed the 27 th day of April 1784 Entitled an act for the settlement of the pay of the Vets and Militia for their services in the late war and for other purposes therein mentioned the following certificates have been issued bearing interest at 8 per Cent per Annum viz
   1779 Dec 31 1855 Nich d Weaver Pri 1 3 1   17802 April 1 20886 Nich d Weaver " 0 3 6 2 / 3   1781 Dec 5 23.370 Nich d Weaver " 3 4 11 2 / 3   17794 April 28 32013 Nich d Weaver Coplt 0 9 9 5 / 15   17795 Feby 14. 32174 Nich d Weaver " 0 15 7 10 / 15   17796 June 10 32.046 Nich d Weaver Disgt 1 6 8   17797 Nov 3 32.358 Nich d Weaver Pri 0 16 0   17798 April 1 32.401 Nich d Weaver " 0 5 4   17819 Nov 30, HHS Nich d Weaver " 9 19 4  
State of New York Comptroller's Office Albany Oct 15. 1840
I hereby certify that the above to be true Extracts from Book No 1.5 & 7 Now remaining in this office and that the services for which the first certificate above named was issued was performed under Capt John Kipp in a reg t Com d by Colo Jacob Cook the second under Capt Wend t Haining in Colo Peter Pottenger (Reg t the third) under Capt James Husted in 3 d Colo Henry W Van Rensselaer Reg t the fourth fifth sixth seventh & eighth under Capt Abraham Vedder in Colo H Haskins Reg t of Montgomery Co. Militia the ninth under Capt Garret T. Sufman in S. Co Comm d Marinus Willet's Regiment, N.Y. Militia
Dep Comptroller

Received May 5. 1786 from Gerrard Pancker Treasurers a certificate for Six Pounds nineteen shillings & One Penny in full for the pay of Nicholas Weaver Pursu nt to this order
£9.19.1
Volken Werder
11 Nicholas Weaver Order of the Council £9.19.1

Coughnawage April 11. 1786
Sir
Please to pay unto Colonel Volkert Verder or his order the full of my pay due to me as a Private Soldier In Capt n Garret Schuman's Company of State Troops in the four months Service In the year Eighty One and this order will be Sufficient to you for the same In witness I have hereunto set my hand the day first above written Witness Present Simon Verder M c Crackenbush Chas Nicholas & Hever mark
State of New York Comptroller's Office Albany October 15. 1840
I hereby certify that I have carefully compared the foregoing Copy and its endorsements with an original paper now on file in this office and that it is a true transcript of said original, and of the whole of said original and its endorsements.
The word "pay" written in a cursive 2" wide from top
J. W. D. Dewey
Dep. Comptroller

Abraham Philips for W. Weaver

State of New York Fulton County
In this 16 th day of January 1841 personally appeared before the undersigned a Justice of the peace in and for said County Abraham Philips who being duly sworn doth depose and swear that he is Eighty Years old and upwards and that he is a pensioner of the United States, That he was personally acquainted with Nicholas Weaver during the war of the Revolution and afterwards until the time of his death, That the said Nicholas Weaver and he this deponent were together in service in Colonel Frederick Fisher's Regiment, and is knowing to his having served under Captain Putnam in Col. Willets Regiment and that he is the same Nicholas Weaver as described in the Comptroller's Certificate of 13 October 1840. In this deponent has no doubt, That the aforesaid Nicholas Weaver after the war married Elizabeth Fuller and at his death left her a widow him surviving and that now remains his widow and who as this deponent is informed now applies for a pension for his services and further he says not
Sworn to and subscribed this 16 th Jan y 1841 before me
Thomas R. Benedict Justice
Abraham his Philips mark
I certify that Abraham Philips above named and who has subscribed the above is a man of truth and is a credible witness Thomas R. Benedict Justice

State of Ohio } Summit County }
On this 31 st day of March 1841 personally appeared before the undersigned a Justice of the Peace in and for said County Lambert Clement who being duly sworn doth depose and swear that he is eighty three years of age and is a pensioner of the United States for his services in the Revolutionary war. That he was well acquainted with Nicholas Weaver during said war and until his death. That he this deponent and the said Nicholas Weaver served together as boatmen in the service of the United States in the Company of Batteaux commanded by Captain John Lefler. That the said Nicholas Weaver served a full tour of nine months in the said Company this deponent knows of his own knowledge that the said service was performed on the Mohawk River from Fort Stanwix to Schenectady and to the best of this deponent's knowledge in the year 1779- and he further swears that the said Nicholas Weaver was also in service in the Militia with this deponent and in the same Company but the length of the tour he cannot now particularly specify. That he was also acquainted with Elizabeth the wife of the said Nicholas Weaver and who since his death has remained his widow and further he says not
Subscribed and sworn to this
day and year above written before me
Elijah Mason Justice of the Peace
Lambert his Clement mark
I certify that Lambert Clement the above named deponent is a man of truth and veracity and that his statement is entitled to full credit
Elijah Mason S.P.

STATE OF OHIO, SUMMIT COUNTY, SS.
} I
Lucian Swift
Clerk of the Court of
Common Pleas, within and for the county of Summit and State of Ohio, do hereby certify, that Elijah Mason —
— Esquire, before whom the foregoing and annexed affidavit was taken, was at the time of taking the same, a Justice of the Peace in and for said county, duly commissioned and sworn, and to all whose official acts, as such, full faith and credit are due, and that the foregoing

1763. d 18 ten octobr bin ich Niclas Weber zur Welt gebohren 1764 d 4 ten ist Elisabetha Zällnerin zur Welt gebohren 1791. d 15 ten Juny sind wir getraut 1792. d 21 ten May ist Mein Tochterlein Margretha zur Welt gebohren 1794. d 20 ten July ist Mein Tochterlein Elisabetha zur Welt gebohren 1797. d 12 ten April ist Mein Sohn Jacob zur Welt gebohren 1799. d 15 ten May ist Mein Tochterlein Catharina zur Welt gebohren 1801. d 11 ten May ist Mein Tochterlein Margaretha zur Welt gebohren

The ... is a ... in a ...
Nicholas Weaver formerly Wood

I certify that the following is a true translation of the Family Record Book annuall 1765 October the 8 th . Nicholas Weber was Born. 1764 Was Elisabeth Toller Born. In the Year 1791 June 13 th we were Joined together in the Bonds of Matrimony 1792 May 21 st My Daughter Margaret was Born. 1794 July 28 th My Daughter Elizabeth was Born. 1797 April 12 th My Son Jacob was Born. 1799 May 13 th My Daughter Catharine was Born. 1801 May 11 th My Daughter Margaret was Born.
State of New York, Fulton County
On this 12 th day of March 1841 personally appeared before the undersigned a Justice of the peace in and for said County John S. Wack who being duly sworn doth depose and swear that the translation by him certified is true and correct.
Sworn to and subscribed 12 th March 1841
before me Thomas R. Benedict Justice
I certify that John S. Wack who has sworn to the above affidavit is reputable and his statement is entitled to credit.
Thomas R. Benedict Justice
State of New York Fulton County Clerk's Office
I Tobias A. Stoutenburgh Clerk of the said County of Fulton do hereby certify that Thomas R. Benedict whose name is several times subscribed to the certificates & affidavits above and attached was on the day of the dates thereof a Justice of the peace in and for said County and that his said several signatures are genuine. Given under my hand and seal of said County this 29 th day of April 1841.
T. A. Stoutenburgh

No 7005
Elizabeth Weaver - del
NY.
act 7. July 38-
adm.
compts - Anno. 20 dr pri 24 dr forpl 21 - serg.
6 - 5
2208
Battle Creek Service not allowed from 4 march 31 to 14 march 1841 the  day of the death to Jacob. Adam & Peter Weaver Betsey Frederick & Catharine Coeghnel only children Hon. C. Ellis H.R.

State of New York } Fulton County }
On this 18 th day of January 1841 personally appeared before the undersigned a Judge of Fulton County Common Pleas Jacob Weaver who being duly sworn doth depose and swear that the Annexed family record contains the ages of the family of Nicholas Weaver and Elizabeth his wife together with the date of their own ages and the date of their marriage. That the said family record has been kept in the family since the earliest period of his recollection having been contained in the family Sermon Book from which this deponent extracted it. This deponent further swears that he is the son of the said Nicholas Weaver that he had grown to mans estate before the death of his father and had often heard him relate his services in the revolution and to the best of his recollection the Certificate of the Comptroller of the date of October 15 th 1840 contains much less services of record than those related by him, and further he says not.
Subscribed and sworn to this 18 th day of January 1841 before me Henry Guile
Jacob Weaver
I certify that the above named Jacob Weaver is a man of trust and veracity and that his statement is entitled to full credit
Henry Guile
State of New York } Fulton County } Clerk's office }
I Tobias A. Stoneburgh Clerk of the said County of Fulton do hereby certify that Henry Guile whose name is subscribed several times to the certificates and affidavits above and attached was on the day of the date thereof a Judge of the County Courts of said County of Fulton and that his said several signatures are genuine. Given under my hand and seal of said County April 29 th 1841.
T. A. Stoneburgh

State of New York Fulton County
On this 18 th day of January 1841 personally appeared before the undersigned a Judge of the court of Common pleas in and for the said County of Fulton. Elizabeth Weaver a resident of the town of Johnstown in the County and State aforesaid aged seventy six years who being duly sworn according to Law doth on her oath make the following declaration in order to obtain the benefit of the provision provided by the act of Congress passed July 7 th 1838 entitled "an act granting half pay and pensions to Certain widows" That she is the widow of Nicholas Weaver who served in the war of the Revolution as set forth in the accompanying documents as she has good reason to believe That she this declaration is unable to specify from her own knowledge personally the the particulars of the service of her said husband as she was not married to him until after the war of the revolution but from the testimony which she has been enabled to obtain, she believes that her husband performed all the services set forth in the testimony accompanying this her declaration and on which she rests her claim, she further declares that during said war her husband resided in the town of Johnstown That she was married to him the said Nicholas Weaver on the thirteenth day of June Seventeen hundred and ninety one That her husband the aforesaid Nicholas Weaver died on the fifteenth day of November in the year Eighteen hundred and twenty four That she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred and ninety four viz at the time above stated
Subscribed and sworn to this 18 th January 1841 before me
Elizabeth her Weaver mark
Note the word "the" in the above erased before execution
Henry Gride
I hereby Certify that the above named Elizabeth Weaver is respectable and I have full confidence in her statement above subscribed to and sworn. And I further Certify that she is unable to appear in court by reason of bodily infirmity she being confined to her bed and blind
Henry Gride

The People of the State of New York By the Grace of God free & Independent To all to whom these presents shall come or may Concern -
Know Ye, that at a Surrogate's Court held in & for the County of Fulton before the Surrogate of our said County, the most satisfactory evidence has been adduced to prove, that Elizabeth Weaver widow of Nicholas Weaver, departed this life on the eighth day of March in the year of our Lord one thousand eight hundred and forty-one - leaving her surviving, the following named Children viz. Betsey Frederick, wife of Jacob Frederick, Jacob Weaver, Adam Weaver, Peter Weaver who all reside in the town of Johnston, in said county & Catharine Longhnet wife of John Longhnet who resides in Black Lake St Lawrence County & no others and that said Children are all of lawful age. All of which is hereby accordingly certified.
In testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed.
Witness Archibald M c Intosh Surrogate of said County of Fulton on this twenty third day of November. 1843.
W m G l Shuler Surrogate of Fulton County

Sir:
The application of Elisabeth Weaver widow of Nicholas Weaver under the act of 7 th July 1838 has been pending for several years under the agency of J. R. Benedict Esq. What the particular objections are to the allowance of the claim I cannot ascertain. I respectfully solicit a reexamination of the papers in the case, and that the objections if any exist, may be stated to Mr. Silas H. Yates of Schenectada N.Y. who is now the authorized agent to prosecute the claim. M rs Weaver died on the 28 th day of March 1840 - and due proof of the fact will be furnished if & when required.
I am your obedt Servt
Alam m Weaver son of the deceased.
To J. L. Edwards Esq. Commissioner of Pensions Washington D. C.
Schenectada July 12 th 1843

July 17 '43
NY
Elizabeth H. Weaver
FREE
L. Edwards Esq. Comm te of the Union Washington D.C.

May 5. 1841.
Ephratah Ny 1st May
Ms. no 7805.
1 Nov.
July 7. 1838
Eliz Weaver.
Free
Hon J. L. Edwards
Court of Pensions
Washington City
D. G.

Ephratah 1 st May 1841
Sir
Inclosed is the declaration of Mrs Elizabeth Weaver together with the proof of services of her husband Nicholas Weaver for a pension, under the act 7 th July 1838. Your early decision is Respectfully Solicited, perhaps the services as certified by the Comptroller as having been rendered in Col Van Renselaer's Regiment may refer to a Soldier not the husband of the claimant in this case, but it is very certain that all the rest was rendered by her husband.
Respectfully Yours &c
Yours S. L. Edwards
Thomas R. Benedict
P.S. the widows of John Gray, and Abraham Arndt, desire information respecting their claims, forwarded by me sometime since
I would say at this time that I forwarded to Mr Yates Esqr the pension Certificate of Philip Johnson in whose behalf (Mr Yates informed me) an increase of pension would be allowed, since which Mr Johnson has had no intelligence and as his Certificate was forwarded before the 4 th March he has not been able to receive the small allowance heretofore allowed him and he is very poor will you have the goodness to return his old Certificate if his pension is not to be increased or a new one if it is
Thos R Benedict

3.23 9.19.1 pri
24 9.9 cope 15.9 —
1.68 Supt 16- 22.8
21.
13.33 2.22 2.93 3.50 22.08
X Nich. Mason

Caughnawaga, April 11. 1786.
Sir. "Please to pay unto Colonel Volkert "Veeder or his order the full of my pay due to me "as a privet soldier in Capt. Garret Putman's Com- "pany of States Troops in the four month service "in the year 'Eighty one and this order will be "sufficient to you for the same In witness, "I have hereunto set my hand the day first "above written
Witness present "Simon Veeder "M c W. Van Rensselaer } signed { Nicholas Weaver, mark
Endorsed
"Received May 3 rd 1786, from Gerard Barker "Treasurer, a Certificate for nine pounds, nineteen "shillings & one penny, in full for the pay of "Nicholas Weaver pursuant to this order "£ 9. 19. 1. (signed) Volkert Veeder
Comptroller's Office Albany Nov 24 th 1813
I certify the above to be a correct copy of a Revolutionary document now remaining in this Office
Philip Schuyler Dep Comptroller

May 2 o 1844
ASTORIA APR 29 N.Y.
Eliz Weaver My M. ad.
James L. Edwards Esquire Commissioner of Pensions Washington City

Johnstown Fulton County N.Y. April 30th 1844.
Sir Myself and brothers and Sisters Adam Weaver, Jacob Weaver, Peter Weaver, Betsy Frederick & Katy Coughnack the children and heirs of Elizabeth Weaver the widow of Nicholas Weaver have heretofore applied for a pension in consequence of the Revolutionary services of our said father and it has been represented to me that a Pension has been allowed and a certificate given by the War Department. That Certificate is in the hands of a Mr Yates of Schenectady and that he by his Agent has represented that we shall not have the Certificate unless we agree to take up with ten dollars to each child of us & that he by his agent offers to pay us that
With that extortion we are unwilling to comply with nor have we engaged heretofore to do so, & so situated it is calculated to coerce us into this enormous speculation or abandon our rights.
In behalf of myself and the others I involve your aid to enable us to obtain that Pension in any regulation or way that you deem proper and prevent this imposition upon us & defraud us.
I am respectfully
Adam Weaver

7805
N.Y.
Elizabeth Weaver July 31 '41
let to F. R. Benedict July 31. '41
" " A. Mearns. Sep 5 1843
act T. July '38

J. L. Edwards Esq. Commission of Pensions.
Sir.
I must beg of you the favor to peruse the annexed and enclosed statements in vindication of my character which from recent information I have received may have suffered in your estimation. I am extremely sensitive on this subject. I would be so under any circumstances, but am particularly so in the present case, because in it, as in the majority of my pension cases, so far from making money or indulging in speculations, I actually sustain pecuniary losses. It is only to indemnify myself against such losses, and not with a view to any pecuniary profit, that I am induced to prosecute the business of a pension agent, which now consists only in perfecting claims I have had on the topic for months and years, and occasionally presenting a new one which comes in my way.
It seems from the letter of Judge Haring marked A herein enclosed, that the letter he wrote in behalf of Adam Weaver relative to the pension claim of Elizabeth Weaver widow of Nicholas Weaver died under the act of 7: July 1838, did not make any direct allusion to me, yet inasmuch as

155 I was the agent who procured the allowance of this claim & the pension Certificate was sent to me, your inference would be, without proof to the contrary, that I was the person who demanded $10 from each heir, & that it was I who withheld the pension certificate. Both of which statements are false. I have at no time withheld the Certificate, and as it regards the charge of extortion I agreed to give up the certificate for some $12 less than the heirs agreed to allow me for getting the pension. This Abraham A. Van Horn Esq & two other respectable witnesses are ready to testify to. I never saw any of the heirs till recently, & then only one of them, when he confessed to me that my charge was not exorbitant, but such as he had agreed to with Mr Van Horn! It will cost at least $12 to collect the money on the certificate as some of the heirs live some 150 miles apart. And I apprehend that the cause of dissatisfaction on the part of one of the heirs (Adam Weaver) who assumed to act for the others may have arisen from the charge made by Samuel Ferguson who offered his services to collect the money. I wrote to Mr Ferguson who at my request took the affidavit marked B. enclosed. My charge was for expenses incurred in prosecuting the pension claim & for drawing the powers of Attorney whereon to draw the money, & not for collecting the money. Mr Van Horn as I understand and he himself me informed, would undertake the necessary journeys to incur the necessary expenses to obtain the signatures of the heirs to the powers & proceed to Albany to collect the same for $12. With all this I had nothing to

do, what Mr Ferguson charged them or offered to collect the money for, I know nothing of, and had no control over & no interest in. In justice to him I would however observe, that he stated to me when I procured from him the pension certificate, that what he charged them included that my charge of $28, & Mr Home's also, though he does not seem to have taken into the account that Mr Home's charge was for collecting the money & not for getting the pension with which he had nothing to do, save as my assistant or correspondent.
It appears from Haring's letter that Adam Weaver has received from you "the requisite blanks to enable him to get the pension money independent of the pension paper". I immediately gave the certificate to Mr Ferguson for the reasons stated in his affidavit - on his failing to get my demand for expenses & costs actually paid out , I proceeded to Johnston (more than 20 miles from here) on purpose to see him, and as I had no time to spend about the country in calling upon the heirs personally (nor money for the purpose either) I took the certificate away from Mr Ferguson & gave the same to Mr Van Home - and how the matter now stands I do not know, nor do I care so much about my loss of the $28, as I do about the foul & unfounded imputation cast upon my character impliedly if not otherwise by Mr Adam Weaver who I am informed has been instigated to pursue the course he did by Mr Benedict the former agent in the Weaver case. I take it, that he could not have obtained from you the papers

to draw the pension on, without producing the authority from the other heirs that he was authorized to act for them (which he may have done) and exhibiting to you satisfactory proof that the pension certificate has been illegally withheld from the said heirs. His affidavit must have been ex parte . I ask not the privilege of being permitted to rebut his statements, unless they contradict any of my statements herein before made, or accuse me of extortion or of any conduct affecting my character as an honest man.
With regard to my $28 charge I submit the following facts, & so close.
The children of Mr Weaver represented to me through Mr Van Horn, that his claim for a pension had been long pending in the hands of Mr Benedict & others. That they had grown tired of paying out money to prosecute the claim, that if I would undertake to carry it on at my own expense & charge the heirs nothing if I did not succeed that I might go on with it. At the instance and through the persuasion of Mr Van Horn I made several journeys to the counties of Montgomery & Fulton to examine into the state of the claim, & I am not certain but that I had examined the case before at the request of Mr Benedict. It became necessary among other things to visit the widow of the other Mr Weaver then still living in Deerfield Oneida County N.Y. in order to trace the identity of the other Mr Weaver whose case I had in hand. My expenses to Deerfield (about 80 miles from Schenectady off the line of the railroad) and back which occupied 3 days, including rail road fare & use of a horse & wagon — at least — $11.00  wagon & horse hire to Charlestown Montgomery County, Stone Arabia & Palatine in said county & to Johnstown Fulton County, at least 3 days in all — cost at least — 9.00  Fees of Justice, Chromate As clk — 1.75  Expenses to Albany to examine records — 1.50  Paid for horse hire & time spent before Surrogate of Fulton Co — 2.00  Devoted at least 8 days time to the business cash paid out $25.25  and my charge was only Twenty Eight Dollars — $28. —  $33.25
Giles F. Yates appeared before me & made solemn oath that the circumstances & facts herein detailed are true & correct May 16 th 1844.
E. H. WILTON, Recorder of the City of Schenectady Counsellor &c.
E. H. WILTON.

See letter relative to G. P. Yates's agency in Eliz. Weaver's case to Hon. C. Ellis, June 26. 1844.

July 17 44
Conn
Weaver Mary Ann
J. L. Edwards Esq Commissioner of Pensions Washington D.C.

Schenectada Ny. July 1 st 1864
Sir.
By the laws of this State, and of every State in the Union, Attorneys have a legal claim on all papers coming into their hands until the charges of such Attorneys are paid. This is the only security Attorneys have in a vast majority of cases, to indemnify them for the poverty or rascality of their clients. This is day every practice here in all our Courts. That there is any law of the United States contravening this law I am not apprised, unless it be the law applicable to Attorneys appointed by pensioners to draw money on pension warrants. Your circular states that when certificates are improperly withheld, no one shall be injured &c and you are of course constitutes sole judge in such matters, and are competent to determine whether or not a certificate is improperly withheld.
The case of Mrs Elizabeth Weaver has it is true elicited this communication - yet and it is the only case of the kind that has ever occurred in which I am interested or have been interested, yet I have no protest to enter in this case particularly because by mere chance (an unusual one), the son who made the diffi-

difficulty is "well to do" in the world, and I can have my remedy at law. But in a large majority of cases I have no such remedy, or it will not be available when the parties are poor. Mr Weaver is spreading the information of his own success over right & equity, and advising some of my clients not to fulfil their solemn contracts with me, alleging that they need not pay me one cent, but if the amount they contracted to pay does not suit them, they can write to the Pension office at Washington & get their pension money without my intervention.
In this business, for necessary expenses & cash advanced I am at least $ 2000 "out of pocket" at this present time, and if many other cases take the turn that Weaver's has done, I shall sustain a heavy loss by the prosecution of pension claims. I am therefore interested to know & understand the rules of your office in reference to matters of this kind - what sort of affidavits are sufficient to show that a certificate is improperly withheld - & whether ex parte affidavits are sufficient.
In the case of Weaver it is false that the certificate was withheld at all. Mr Weaver asked Mr Bone for it when he knew he had it not - he did not ask me for it at all. Part of my own motion I told him it should be

grew up without the payment of my fee, if he obtained an order for it signed by all or a majority of the heirs. He is only one of several children, & some of them disapprove of this course he has taken in the premises. He is now trying to speculate out of his poor sisters & brothers. I am with sentiments of respect & esteem
(Yours obedt Servt)
B. H. STED.
J. L. Edwards Esq Commission of Pensions Washington D.C.

May 28 1846
J. L. Edwards Esq. Commissioner of Pensions Washington D.C. Eliz Weaver my wife

J. L. Edwards Esq. Commr of Pensions Div.
I hoped to have been spared the unpleasant necessity of troubling you with the enclosed. "There are always two sides to every question". You have hitherto heard only one side. Allow me the privilege to present the other.
I am yours very respectfully
J. H. W. A. D.
Schenectady May 24 th 1844

10 Giles F. Yates Esquire
Schenectady
At the Home Esq

Johnstown 10 May 1844
Dear Sir A. Van Horne Esquire delivered me yours of the 8 th instant in answer to which I state that the line addressed to Comms o of Pensioners was substantially this that he had been informed that a Pension had been given to him his brothers & Sisters as children of Elizabeth Weaver deceased for Revolutionary services of their father that a Pension Certificate was in the hands of some person that he had been offered ten dollars a piece to each of the five children that he had declined to take it that he viewed it to be extortion & could not obtain the house without the Certificate unless assisted by the War Department and desired its aid & was signed by him & I feel quite confident no name was stated or suggested & upon that the Department sent him the requisite blanks to enable him to get it independent of the Pension paper
I am respectfully A Haring
A

May 28 1849
C.
Eliz Weaver my wife
L.
8259
38
Edward E
Conner of Pueris
Washington
Hon C Ellis W.R.

Sir - These papers concern the character of Giles F. Yates Esq. I should myself demand unquestionable irrefutable proof of facts, to induce me to believe Mr. Yates capable of extortion. He is a respectable intelligent man & worthy citizen. I care not who says the contrary. I know him -
Respectfully C. Ellis,
28 May 44

Elizabeth widow of Nicholas Weaver
In charge of
Hon:
H. Ellis
M.C.

Schenectady N.Y. Dec 18 1883.
Sir,
In the matter of Elizabeth Weaver Widow of Nicholas (Weaver dec'd)
From the tenor of your last letters in reference to the above matter, one of your reasons for not allowing the claim, arises from the fact, as it would seem, that there is no sufficient proof of identity. There were evidently two or three persons by the name of Nicholas Weaver in the State of New York during the revolu- -tion. But the husband of Elizabeth I think I can now show by the testimony herewith pre- -sented, was the "Nicholas Weaver" who served in the Company of Garret Putman, in the Regiment of Colonel Fisher . I show this by proving that the Nicholas Weaver before us, hailed from Campnawaga & the military jurisdiction or beat of said Colonel Fisher, while the other Nicholas Weaver (the 2 d ) hailed from Herkemont & Clackson  Stratford Regiments of Militia, & the 3 d Nicholas Weaver, hailed from what is now called Rensselaer County & the Regiment of H. K. Van Rensselaer. To recapitulate, the items found on the Comptroller's Books of service credited "Nicholas Weaver", are claimed as applicable to our Nicholas, which are underlined - All found on said Books is as fol- lows; To wit:-
* The widow of this Nicholas, resides at Puerfield N.Y. Sir named Gertrude.

  # Nicholas Weaver 30 Nov. '81 Capt G. Patman Red Walnut £ 9.19.1   " 31 Dec 79 John Ruff G. Clock 1. 3. 1   " 1. Apr 80 Adk Staring P. Boltinger 3. 6 1/2   " 5. Dec '81 Hurstead H. K. R. R. R. 3. 4. 4 2/3   " Corporal 28. Apr '79 A. Vreda H. Fisher 9. 9 1/2   " Private 8. Apr '79 do do 5. 8   " Corporal 14. Feb '79 do do 15. 7 1/2   " Sergt 10 June 79 do do 1. 6. 8   " 3 Nov. 79 do do 16. 0 
The above comprises all the entries that can be found on the books in the name of Nicholas Weaver. Discarding the item of 10/ on 3 rd Nov. 79 as inapplicable, we find him a private on 8 th Apr. 179 afterwards a Corporal on 28 th Apr 79, & sergeant on 10 June 79 - making in all with the £ 9.19:1. more than 6 months service as a militia & state troops man. The witness who swears that Weaver served as a Battalion in 1779 is unwittingly mistaken as to the year , a circumstance that should not operate to the prejudice of the widow. Laflamme Company did duty in 1778. - In the aggregate we claim 15 months service at the least. To show that the £ 9.19:1. belongs to Elizabeth's husband I send a certified copy of the original order on which Weaver was paid. It is dated at Camp Nawapa & attested by his neighbors etc.
Yours etc. etc.
J. K. [unintelligible]

The widow died 8. March 1841 The names of Children are Betsy Frederick Jacob Weaver Peter Weaver Adam Weaver & Catharine Coughnet

N.Y.
Per
WIDOW, &c.
File No. 15860
Elizabeth Weaver Widow of Nicholas Weaver Gap. Rev. War
Act July 7 th 1838
Index: Vol. M , Page 321
[Arrangement of 1870.]

In the matter of the application of Elizabeth Weaver widow of Nicholas Weaver deceased, under the Act of ... July 183.
Supplemental Testimony
In charge of Hon. C. Ellis House of Representa- tives

State of New York County of Montgomery ss.
Cornelius Veeden of the town of Glen in said County, aged Eighty years and upwards, being duly sworn saith, that he served during the war of the Revolution in the militia of the then County of Tryon now Montgomery, but he never applied for, (nor does he intend so to do) for a pension. He this Deponent lived during the war of the revolution in the town of Caghnawaga in the military beat or jurisdiction under command of Colonel Frederick Fisher. That during said war he became well acquainted with Nicholas Weaver who lived in the same town of Caghnawaga & belonged to the same beat of Colonel Frederick Fisher - and this Deponent never knew or heard of any other Nicholas Weaver than the one above referred to, and he is well satisfied and assured that there was no other person of that name living in said beat and town. That he said Deponent the said Nicholas Weaver continued after said war to reside in said town, the said Nicholas Weaver until he died, & he this Deponent, until about thirty five years ago when he removed to the aforesaid town of Glen. This Deponent further saith, that said Ni- cholas Weaver served during said war in the militia company in said Regiment com- manded by Captain Abraham Veeden the said Abraham Veeden being his (this Depo- nent's) father's brother. This Deponent further saith, that said Nicholas Weaver belonged during said war to the Company of Batteries commanded by Captain Loffler & he believes in the year 1777 - and this
Munroe Co N.Y.

Deponent further saith that he recollects that said Nicholas Weaver was reported at the time thereof to have belonged to the Company of State Services commanded by Captain Garret Patman under Colonel Willett. This Deponent further saith that he has heard read to him an order for the pay of said Weaver in the said Company of Captain Patman for four months services in the year 1781, also the receipt indorsed on said order signed by Volkert Vreden Colonel - said Receipt being for £9. 19. 1, and said order being dated at Caughnawaga aforesaid, dated April 11 1786, & witnessed by Simon Vreden & M c W. Quackenbush. This Deponent is assured that said order was given by said Nicholas Weaver the identical person he this Deponent has above described that he then resided in Caughnawaga aforesaid the place at which said order was dated - That said Simon Vreden was an uncle of this Deponent & is now deceased, Myndert W. Quackenbush, was a neighbor & acquaintance of this Deponent & the said Colonel Vreden to whom said order was given was this Deponent's father, & that said Quackenbush & Volkert Vreden are deceased. Subscribed & sworn this 25 th day of October 1843 before me; and I Certify that said Cornelius Vreden is to me well known, & is a credible witness. Abm Van Horn Justice of the Peace
Cornelius Vreden

County of Montgomery In the same matter
No. 10.
Jacob H Dock- stadter of the town of Mahanoy — in said County aged 75 years, being duly sworn saith that he was born and brought up in the aforesaid town of Johnstown, and within the bounds of what was then and now called Coughnawaga. That he was from his earliest recollection well acquainted with the old families at the time of the revolution & afterwards, residing in said Coughnawaga, and among the rest with the family of Weaver — That there was only one family of the name of Weaver residing in said district of Coughnawaga, and he never knew or heard of any person by the name of Nicholas (or Honnikel) Weaver save and except the Nicholas Weaver described in the preceding deposition of Cornelius Veeda. That the Nicholas Weaver referred to married a daughter of Elizabeth Amprose on whose account, as Deponent is informed application has been made for a pension.
Subscribed & sworn this 28 th day of November 1843, before me; and I certify that said Jacob H Dockstadter is a credible witness. Alm Han Horne Justice of the Peace

Montgomery County
Clerks office J. P. Henry Cook Clerk of the County of Montgo- -mery I do hereby certify that Abraham A Van Horn whose name is subscribed to the foregoing jurat of affidavit was at the time of taking said affidavit a justice of the peace in and for said County, duly elected & qualified to act as such justice, and further that I am well acquainted with the hand writing of the said justice and verily believe that the signature to the aforesaid affidavit is his genuine hand writing —
In testimony whereof I have hereunto set my hand and affixed the seal of said County This 24 th day of November 1843 —
J. Cook Clerk

State of New York } Fulton County } ss
B
I Samuel Ferguson of the town of Schoharie in said County being duly sworn do Depose and say that I am well acquainted with Adam Weaver and some of the other children of the late Elizabeth Weaver deceased. That on my being in Albany a few weeks since for the purpose of drawing the Money on a pension power for the heirs of my Grandmother the late Mrs. Kennedy deceased I saw Mr. Giles F. Yates the Attorney who procured my said Grandmother's Pension and as I am a Neighbour of said Adam Weaver and Mr. Yates resides at a distance from said Weaver and some of his brothers and Sisters and one of whom I am informed and believe resides about one hundred and Eighty miles from the City of Schenectady and as Mr. Yates represented the expense of procuring the powers of Attorney from said Children would exceed fifteen dollars. He gave me the Pension Certificate of said Mrs. Weaver in trust to be delivered to said Adam Weaver in behalf of himself and his sisters and brothers to enable him to collect the money thereon himself as it was not convenient for Mr. Yates to do the same himself as he had not the time to spend that would be necessary to accomplish the same the first time. I saw the said Adam Weaver I had not the Pension Certificate with me I told him Mr. Yates terms and the Amount of the Certificate which was $22. and 8 cents per year for five years. A few days after I again saw the said Adam Weaver told him I had the Pension Certificate and would

give it to him if he would comply with Mr Yates request he immediately told me that he had written or sent a letter to Washington and that he would not do any thing about it until he got an answer. the Amount which Mr Yates was to receive in full for his services and expenses in procuring the Pension was twenty eight Dollars being paid in cash or by note and twelve dollars to Mr Tom Horn for his services and expenses in the matter in all forty dollars I was requested and authorized to give up the said Certificate to said Adam Weaver I have returned said Pension Certificate to Mr Yates Submitted to you before Samuel Ferguson May 11 th 1844 J. T. Hildreth
Distric of the pen of Admiston in the County of Fulton
Sincerely
Yours of Yates Esq

John State of New York } Montgomery County } ss
Abraham Van Horn of the town of Mahakawk in said county being duly sworn Makes oath & says that he is intimately acquainted with Mr Giles H. Yates of Schoharie, That as the Friend & agent of Mr Yates for this county & the County of Fulton which formerly belonged to this county, (he being - extensively acquainted with the old inhabitants of both counties) he called on Adam Weaver one of the chil- dren of Elizabeth Weaver applicant for a pension, Said Adam Weaver made a contract with deponent and offered him a specified sum or share of the amount that should be recovered as such pension, in full of all charges & expense for procuring such pension, & in case the pension was not obtained there was to be no charge against the Weavers whatsoever. The contract was subse- quently modified, That Mr Yates was to receive $28 for his share of services & expense in the matter. Mr Weaver made the offer of pay voluntary and of his own motion upon receiving his terms I engaged Mr Yates to prosecute the claim which he did with success; I am knowing to the facts that Mr Yates incurred considerable expense in this case; That on or about the 9th day of May last Mr Adam Weaver offered eleven dollars for for the certificate, but showed no order therefore said he had none; he offered deponent the said eleven dollars but deponent had not said certificate in his possession then & of course could not give the same; He acknowledged that he had no power of attorney or order from any of his Sisters & brothers for said certificate; within a few hours afterwards I recd the certificate from Mr Yates & Mr Yates expressed a willingness to give him the said certificate on his exhibiting authority that he was authorized to receive the same That Mr Yates (as Mr Samuel Ferguson acknowledged to Deponent) then

he had the said certificate in his possession immediately previous to my obtaining possession of it for the purpose of delivering up the same to said Weaver, his (said Ferguson), receiving for & in behalf of H. Yates about $28 in full for his services & expenses in procuring said judgment. Said Amount being considerably less than said Adam Weaver agreed to pay, but which agreement he now totally denies to the Deponent
Signed & sealed and Adm W. Van Horn Sworn before me May, 23 d 1844
Yr aff. just as of the Deponent