Revolutionary War Pension and Bounty Land Warrant Application File S. 11730, Timothy Weaver, R.I.

SERVICE
NUMBER
R.I.
Weaver, Timothy
S. 11730
CONTENTS
carded

New York, 14/7/98.
Timothy Weaver of Rutland in the State of N.Y. who was a private in the Company commanded by Captain Gordon of the Regt commanded by Lt Sullivan in the line  ★ line for
16 1/2 months
★ R.S. Line. May 13/05.
Record completed.
Inscribed on the Roll of N.Y. the rate of 55. Dollars " — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26. day of June 1833. and sent to J.W. Bronson, Watertown, N.Y.
Arrears to the 4th of March 1833. 110. 00 Semi-ant. allowance ending 4 Sept r " — 27 50
$ 137. 50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Francis T. Francis Clerk, Book E. Vol. 4. Page 38.
✓

State of New York, In Jefferson County Com: Pleas-
In the matter of - Timothy Weaver s ; application for pension
Declaration: certificate opinion of Court &c &c
86913
J. Bronson of Watertown - Atty for Applicant

State of New York Jefferson County ss.
On this 11 th Day of September 1832 personally appeared in open Court before the Court of Common Pleas of the County of Jefferson aforesaid Now sitting Timothy Weaver a Resident of Rutland in the County of Jefferson aged 83 Years who being first duly sworn according to law doth on his oath make the following Declaration in order to enable him to obtain the benefit of the act of Congress passed June 7 th 1832 (pension) I the said Timothy Weaver was born in East Greenwich in Rhode Island — I am now 83 years old — became 83 on the 19 th March last — I have no record of my age, and know of none — I was living in East Greenwich when I first volunteered in the service as hereinafter stated — after the Revolutionary War I moved to the State of Connecticut to the Town of Hartford Hillensly Middham County Connecticut where I lived more than ten years from which place I removed to Johnstown where

I lived in Johnstown about 9 years - from which place I removed to Rutland in Jefferson County aforesaid, when I have lived more than 25 years and when I now reside - I first enlisted or volunteered as a minute man in a Company of Militia at East Greenwich aforesaid. - The Company in which I enlisted was commanded by Capt Joseph Gordon - and I served in this Company of minute men for more than five years - I do not mean by this that I was in actual service all the time, but I was attached to the Company during all that time and was at absent from home and in actual service as much or more than one half of the time, during the whole five years - The time when I joined the company and enlisted as a minute man as aforesaid was shortly after the Battle of Bunker Hill and during the same season - Sometimes our Company was called upon to go out & remained on duty and in service only a short time - say a few days, at other times we were on duty

for a number of weeks and at one time one time I recollect we were in the service 3 months — I was called upon a great many times to go upon duty and was actually out and in the service under the command of the Capt aforesaid many times from three three days to 3 months at a time and in the whole more than 2 1/2 years as above stated — but the particular times and places when I was so on duty I cannot now recollect except that I remember that at one time our Company was under the command of Genl Sullivan at Newport on the Island of Rhode Island — and at another time, the three months above stated I was stationed at a Block house near Conanicut Island — I was regularly discharged from this service — but received no written discharge In fact we were always discharged until called upon again — and at the time we were under the command of Gen Sullivan we were discharged (some six hundred of us at one time) after we had been there under his command

about 600 men - I cannot remember what Regiment our Company was attached to or who commanded the Regiment - our Company was generally called out by themselves -
The Rev d Benj m M. Danielson - Curtis G. Brooks and George White Esqrs - all of Rutland aforesaid know me and can testify to my character for truth & veracity and their belief of my services as a Soldier of the Revolution -
I have no Discharge or other documentary Evidence as to my services aforesaid and I know of no person whose testimony I can procure who can testify to my services above stated or any part of them -
I the said Timothy Weaver do further declare that my name is not on the pension Roll of the agency of any State - and I do hereby relinquish every claim whatever to a pension or annuity except the present -
Sworn to and Subscribed in open Court the Day and Year aforesaid
J. Burroughs Clerk
his Timothy X Weaver Mark

I Frederick Tyler of Rutland in Jefferson County N.Y. do hereby certify that I am well acquainted with Timothy Waver of Rutland in said County who is now applying for a pension as a Revolutionary Soldier, and that I believe him to be of the age of 83 years - I further certify that he is respected and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that I concur in that opinion - and further that he is a man of truth & veracity & I believe his statement on that subject entitled to credit.
Sworn and subscribed this 14 th day of September 1832 Before me -
Frederick Tyler
Peter Gendel Justice of Peace

State of New York Jefferson County, ss.
I Peter Burchard Clerk of said County do hereby certify that Peter Yendes before whom the within afft. was taken was on the day the same purports to have been taken a Justice of the peace residing in the town of Rodman - duly commissioned and sworn and that the signature "Peter Yendes Justice Peace" - is the genuine to signature The first of said affidavits is the genuine signature of said Justice In testimony whereof I have hereunto set my hand and seal of office this 15 th day of September 1832
P. Burchard Clerk

We Benjamin M c Danielson a clergyman residing in Rutland in the County of Jefferson and, residing in the town of R within miles of the said Weaver do hereby certify that we are well acquainted with Mr Timothy Weaver who had subscribed and sworn to the above declaration — That we believe him to be of the age of 83 years — that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution & we concur in that opinion —
Sworn to & subscribed in open court the day and year aforesaid J. P. Burroughs Clerk
Benj m M c Danielson

And the said Court do hereby declare their opinion after the investigation of the matter, therein 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 Benjamin M. Danielson who had signed the preceding certificate is a Clergyman resident in the town of Rutland and that Frederick Tyler who has also signed the first above certificate  the is a resident in the town of Rutland and is a credible person and that their statement is entitled to credit.
I, Philip Burckhard Clerk of the Court of Common Pleas of Jefferson County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Timothy Mauer for a pension.
In testimony whereof I have hereunto set my hand & seal of office this 18 th Day of September in the year 1832
P. Burckhard Clerk

8693
Timothy Weaver
same
5:16
detail required
18 Feb 1832
27 Nov
J. H. Bronson
Watertown
NY
P 101.

BRIEF in the case of  Timothy Weaver  of  Rutland  in the State of  New York  (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? Eighty 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. Gen. Col.      Minuteman In the year of the Battle of Bennington Hill, & continued to the close of the War.   Regularly upon the company sometimes for days, sometimes for weeks and at one time 6 weeks and at another time 3 months - He being that during the five years he was attached to the Company the actual service was half the time of 2 1/2 years.   Gen. Sullivan  Capt. H. Gordon   
 5. In what battles was he engaged? None stated  6. Where did he reside when he entered the service? East Greenwich, R.I.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Frederick Tyler certifying to traditional evidence and a clergyman also certifying to same.  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.
D. Munk Examining Clerk.

In reply to your request of _____, received _____ for a statement of the military history of Timothy Weaver a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( or his widow's ) application for pension on file in this Bureau.
S. 11730
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.      Enlisted shortly after the battle of Bunker Hill, as a minute man in Capt. Joseph Gordon's company of Rhode Is. Mil., and during a period of five years, he was frequently called out on short tours of duty amounting to two and a half years - no dates stated.   
Battles engaged in, ✓
Residence of soldier at enlistment, East Greenwich, R.I.
Date of application for pension, Sept. 11, 1832. His claim was allowed.
Residence at date of application, Rutland, Jefferson Co., N.Y.
Age at date of application, born Mch. 19 1749, East Greenwich, R.I.
Remarks: soldier stated that during his absence in the service his family was assisted by his wife's father - no names stated.
Respectfully,
1582 83 1757 1749
Commissioner.

State of New York
Jefferson County
Timothy Weaver of Rutland in said County being duly sworn says that he is the same Timothy Weaver mentioned in & who signed & swore to the annexed Declaration — That by reason of old age and 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 as a private in the Militia — that is to say as a Volunteer Militia man or minute man as stated in his Declaration hereto annexed — viz
  — For 3 Months at one time — at a Block house near Connaneut Island as mentioned in the foregoing Declaration — 3. months   " 2 Months at another time — 2.   " 1 1/2 Months at another time — 1. 1/2   " 1 1/2 Do. at another time — 1. 1/2   " One Month at another time — 1.   " One Month at another time — 1. or   " One Month at another time — 1.   " One Month at another time — 1.   " 3 Weeks at another time — 3/4   " 3 Weeks at another time — 3/4   " 3 Weeks at another time — 3/4   " 3 Weeks at another time — 3/4   " 2 Weeks at another time — 2 1/2   " 2 Weeks at another time — 1 1/2   " 2 Weeks at another time — 1/2 
for which I claim a pension — 16 1/2 months
And this Deponent also served at various other times from 3 to 15 days at a time during the 5 years mentioned in his Declaration — and this Deponent has no doubt that during the said 5 years he was actually in service and on duty as much as one half of the time but this Deponent is entirely unable to particularise or set forth each particular tour or period of service farther than he has above stated — That he was called upon  for

often and so many times that he was unable to attend to any other business but a very little portion of the time. That during the time the father of this deponent's wife lived with or may to him this deponent, and assisted him in his domestic affairs. That had it not been for his aid and assistance this deponent would have been entirely unable to support his family in consequence of such repeated & frequent absences; that at the time this deponent considered himself in one respect all the time in the service because as such a minute man he was bound to go at a moment's warning and always did go whenever he was called upon.
This deponent further says that he cannot remember the names of any other regular officers with whom he served or who were in his vicinity, except those already stated in his declaration.
Timothy his M c Keon mark
Sworn & subscribed the 21 st of February 1833 before me
Salmon M c Knight first Judge of Sup r . County Courts
State of New York Edw d County Clerk's Office
I, Robert Lawrence Clerk of said Court do hereby certify that Salmon M c Knight whose name is subscribed to the taking of the above affidavit was at the date of the same First Judge of Sup r ass r County Courts and that I am acquainted with his hand writing and rightly believe the signature purporting to his is genuine. Witness my hand and seal of office the 23 rd day of February 1833
P. Lawrence Clerk

Jefferson County Court State of New York
Timothy Weaver's pension papers
J. H. Bronson, of Watertown Atty for applicant
ad m d
16 1/2 mo. pri
54.

Watertown Feby 23. 1833
Dr Sir
I enclose herewith the pension papers of Timothy Mayer which were returned for farther proof - and also a supplementary afft which will I trust obviate the objections - As soon as any decision is made upon them please advise me
Respectfully
Your obt Servt,
J. H. Monson
To
Hon James L. Edwards

1917 May 17. Hist to Miss Ella F. Elliot letter in W. 22570 James Mearns. $
Reuben
11.730 INVALID.
File No. 11.730
Timothy Weaver Rev. Rev. War.
Act: June 9 th 1839
Index:—Vol. 2 , Page 399
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Timothy Wearer which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy 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? yy 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? Not in sufficient detail to determine the amount of pension a detailed statement of each tour with the names & rank of officers - the period of actual service in each &c is required. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? _____ And is the official character and signature of the magistrate certified by the proper officer under his seal of office? _____ 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 No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 5
 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 the 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.
†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 authenticated 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 end 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.