Revolutionary War Pension and Bounty Land Warrant Application File R. 11098, Elijah Walter, Conn.

SERVICE
NUMBER
Conn.
Walter, Elijah
R. 11098
CONTENTS

Elijah Walter
repeated -
Barstow

BRIEF in the case of Elijah Walter County of Tioga in the State of New York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes  3. How old is he? 75.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served.   Years, Months, Days.     — In 1777 March — 1 12 private Gen. Capt. G. Pettybon, Lieut. Ives, Genl. Mac Dougall   — '778 Fall — 1 — do. Capt. J. Hall, Lieut. Phelps —   Drafted — — — "six weeks" — do. Capt. E. Phelps, Ensign A. Beach —   — — — — more than 1 in several tours — do. Capt. Gaylord, Lieut. Carr.   — — — — more than 1 in several tours — do. Capt. Laurence.  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Norfolk, Conn:  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? They are not attached to the Seal as required. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
42 14 56 4 126 5.26
J. Waugh
Examining Clerk.
Feb. 12, 1833.

In the Matter of Elijah Walter v Pension Application
2/
Claims for 5 mo. 24 d.
rejected

Declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832. —
State of New York
Tioga county ss. On this 24 th day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared before me John R. Drake a Judge of the court of Common Pleas in and for the said county at my office in the village of Owego in said county Elijah Walter a resident of the town of Newark in the county of Tioga aforesaid and state of New York aged seventy five years on the twenty seventh day of July last past 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 7. 1832. —
That he entered the service of the United States under the following named officers and served as herein stated. —
1 st That he entered the service as a private soldier in Captain Giles Pettybon's company of Connecticut State Troops for the term of six weeks and served his term out — That his Lieutenants name was Titus Inez and he thinks his Ensign was named Isaac Holt and he served at that time under the command of Genl. M c Douglass — That he lived at the time he so entered the service at the town of Norfolk in the county of Litchfield in the state of Connecticut and joined the army in the month of March in the year 1777 as near as he can recollect and marched through New Haven in Connecticut to Pukaskill in the state of New York where he remained until his term of service expired when he returned home to Norfolk after having been regularly discharged
2 nd That in the fall of the next year 1778 as near as he can recollect he again entered the service under Captain Isaac Holt the same person who was Ensign during his first engagement for the period of one month which he served and was stationed in Fairfield in the state of Connecticut — That he verily believes that Darius Phelps and Elazar Holt was Lieutenant & Elazar Holt was Ensign in his company during his said second term of service and

that the company to which he belonged was all the troops stationed at Fairfield at that time except one company from Connecticut
3 rd That he next entered the service in a company commanded by Captain Elijah Phelps for the period of six weeks which time he served - that Abner Beach was ensign of the company at that time but that he cannot remember who was then his Lieutenant That he recollects marching through New Milford, Horse Neck and Fishkill during his said third term of service
4 th That the next time he entered the service he was drafted from the militia in Norfolk where he then lived for the space of one month which time he served under Captain Edward Gaylord or Gaylord & Lieut. Joseph base & that he recollects marching through Danbury in the state of Connecticut during his said service under Capt. Gaylord or Gaylord as he thinks his name was called
5 th That he was engaged in the said service as a common private soldier for several short periods during the said war sometimes being absent from home but a few days and sometimes for two weeks as a volunteer upon some sudden emergency in the whole amounting to more than one month but from the great length of time since he cannot specify with any degree of certainty who his officers were during the last mentioned services but he does recollect that Captain Uriel Lawrence commanded the company to which he belonged on one of those occasions for about two weeks - That he has no documentary evidence of his having having served in any capacity during the Revolutionary war and that there is no person now living within his knowledge by whom his said services can be proved as all his said services were performed while he lived in Norfolk in Connecticut from which place he removed upwards of thirty two years ago - He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state. -
In answer to the questions proposed by the War department he says that he was born as below stated. -

The following questions were propounded by the Judge Court to the applicant.
1. Where and in what year were you born?
Answer. That he was born in the town of Goshen Connecticut July 27. 1757
2. Have you any record of your age, and if so where is it?
Answer. Says that he has not
3. Where were you living when called into service; where have you lived since the Revolutionary war; and where do you now live?
Answer. Says that lived in Norfolk Litchfield county Connecticut during the war after that lived in Lyndon Mass. thirteen years & for the last eighteen years he has lived where he now resides in Newark Tioga County New York
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute; and if a substitute, for whom?
Answer. For an answer to this interrogatory he refers to his above declaration
5. State the names of some of the regular officers who were with the troops when you served; such continental and militia regiments as you can recollect, and the general circumstances of your service.
Answer. Says that he does not recollect with certainty any other officers than those mentioned in his said declaration so as to be able to give their names nor can he give any more particular account of his said services than is contained in his declaration above set forth —
6. Did you ever receive a discharge from the service, and if so by whom was it given, and what has become of it?
Answer. Says that he never received any written discharge that he recollects —
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution.
Answer. William Richardson, Elias Richardson Esq rs Charles T. Bell Esq rs Charles Taylor Esq rs Elijah Walters Sworn & subscribed Sept r 24. 1832 before me John O'Drake Judge Tioga Co. Pa.
WE, James Rugg a clergyman residing in the town of Newark and county of Tioga and State of New York, and Reuben Chittenden residing in the same place, hereby certify that we are well acquainted with Elijah Walters who has subscribed and sworn to the above declaration, and that we believe him to be twenty five years of age, that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed, Sept r 24 th 1832 the day and year aforesaid before me
John O'Drake Judge Tioga Co. Pa.
Thomas Ruggs Reuben Chittenden

And I the said Judge do hereby declare my 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 I the said Judge do further certify that it appears to me that Zenas Riggs who has signed the preceding certificate is a clergyman resident in the town of Newark and County of Tioga & that Reuben Chittenden resident of the same place and are both credible persons & that their statements are entitled to credit - And I do further certify that the said applicant is unable from bodily infirmity to attend court for the purpose of making his application in open court
John A. Duke Judge Tioga Com. Pleas

State of New York Tioga County Clerks office ss. I Green M. Tuthill Clerk of the court of Common Pleas of the county of Tioga aforesaid do hereby certify that the foregoing contains the original proceedings had before John R. Drake Esquire a Judge of the said court of Common Pleas in & for the said county of Tioga in the matter of Elijah Walter the application of Elijah Walter the above named applicant for a pension and that I am well acquai- nted with the hand writing of the said John R. Drake & believe the signatures "John R. Drake Judge Tioga Com. Pleas" to the foregoing declaration affidavit & certificate are the genuine signatures of the said John R. Drake - And that at the time of the dates thereof in the said John R. Drake was a Judge of the said court of Common Pleas duly authorized and commissioned to perform the duties of a Judge of the said court and that his acts as such Judge are entitled to full faith and credit. -
In testimony whereof I have hereunto set my hand & affixed my seal of Office this 29th of day of November in the year of our Lord one thousand eight hundred and thirty two.
Green M. Tuthill

March 8, 1940.
XXXXXXXXXXXXXXXXXXXX
Mrs. R. L. Beers 67 Orchard Avenue Johnson City, New York
BA-J/ADY Elijah Walter R.11098
Dear Madam:
Reference is made to your letter relative to soldiers of the Revolutionary War.
The Revolutionary War records of this office fail to show a claim for pension or bounty land on file on account of the services in that war of Ebenezer Field as described by you, all spellings of the names searched.
The data contained herein were obtained from the papers on file in the Revolutionary War pension claim, R.11098, based upon the military service in that war of Elijah Walter.
Elijah Walter was born July 27, 1757, in Goshen, Connecticut. The names of his parents are not shown.
About 1800 he moved from Norfolk, Connecticut, to Tyringham, Massachusetts, and about thirteen years later he moved to Newark, Tioga County, New York.
September 24, 1832, Elijah Walter applied for pension at which time he was a resident of Newark, New York. He stated that while a resident of Norfolk, Litchfield County, Connecticut, he enlisted in March 1777, and served six weeks as private in Captain Giles Pettibone's Connecticut Company; that he enlisted in the fall of 1778, and served one month as private in Captain Isaac Holt's Connecticut Company; that he then enlisted and served six weeks as private in Captain Elijah Phelps' Connecticut Company; that he then enlisted and served one month as private in Captain Edward Gaylor's or Gaylord's Connecticut Company; that he also served at various times, amounting in all to more than one month, as private in the Connecticut troops, a part of this time under Captain Uriel Lawrence, the names of other officers are not stated.
His claim for pension was not allowed as he failed to

furnish proof of service of six months as required by the pension laws.
There are no family data.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Acts of July 14, 1862, and March 3, 1873.
1940 Mar. 8. Histo Mrs. P.L. Bevs. A.D.Y.
11,098.
P. O.
Elijah Walter
Service:
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
1852 printed Rejected and suspended Pensions Application filed, Book _____, 18 gives Reasons for rejection "He did not serve six months"
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
Cert. of Dis. Searched for _____

Elijah Walter
New York
Act 7. June 1832
Rejected. See letter to Hon. E. H. Bastao
Feby. 19. 1833
11098

W. H. Baston Feb. 19 '77
Dr,
L 270
Recorded Vol. 8. Page 314.

Warblept
Senpon 88
Feb 1833
Sir,
I have the honor to inform you that the claim of Elijah Walter has been examined & his allowed - He alleges but 5 mo & 24 days service (including one month not set forth as the regulations require) which is insufficient to bring his claim within the provisions of the act of 7-June '32.
His papers are placed on file -
The claim of Silas Leonard dec d is admitted but no certificate can issue until the court shall certify the day of his death & the fact of his leaving or not leaving a widow - If there be no widow, the names of his children should be certified -
I have the honor
act T. June
Hon G. A. Barstow
As. Rep

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Elijah Walter which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? 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? yes 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? 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 the Judge has 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

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? yes
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? No
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? _____
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? _____
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 so answered? yes
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.

67 Orchard Ave. Johnson City, N. Y. Feb. 14, 1940
Veterans Administration Bureau of Pensions Washington, D. C.
Gentlemen:
Will you kindly inform me if you have any records of the following:
1--Elijah Walter, b. July 27, 1757, son of William Walter, said to have been a Revolutionary soldier who came to Newark Valley, N. Y., from Conn. His wife was Mary (or Mabel Scranton) Field. Elijah Walter died Nov. 10, 1836.
2--Ebenezer Field, b. April 18, 1736, son of David and Catherine (Bishop) Field, said to have been a Revolutionary soldier from Conn. His wife was Rachel Scranton. Ebenezer Field died 1777 at Danbury, Conn.
If record is found would appreciate details of service and also any other data you may have for my genealogical record.
Yours truly, Mrs. R. L. Beers 67 Orchard Ave. Johnson City, N.Y.