Revolutionary War Pension and Bounty Land Warrant Application File S. 11439, Elijah Torrey, Mass.

SERVICE
NUMBER _____
Mass
Torrey, Elijah Torrey
S. 11439
Carded
CONTENTS

78 March
4849.
Massachusetts
Elijah Torrey*
of Wrentham in the State of Mass who was a Fifer in the company commanded by Captain [blank] of the Regt commanded by Col Ward in the Mass line for 13 Mths 6 Days
Elijah Torrey*
Records corrected May 1/45.
Inscribed on the Roll of Mass at the rate of 48 Dollars 40 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of Jan'y 1833 and sent to [blank] Davis St of Repts
Arrears to 4th of Sept 1832 $72.60 Semi-annual allowance ending 4 March 33 24.20
$96.80
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G. H. No. 10 Main Clerk, Book D. Vol. 277 Page 86.

Elijah Torry
Fifer
13 Mos & 6 days
at
$48.29.
Hon. M c Loavis H.R.

BRIEF in the case of  Elijah Toney of the County of Worcester  in the State of (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 77 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.     In 1775 Apr. — 8 — Fifer Gen. Col. Ward, Capt. Washburn   " 76 Nov. — 4 — ditto Col. Sparkman, Capt. Earl   " 77 Sept. — — 24 cl. Col. Holman, Capt. Elliot   " 80 July — — 12 1/2 cl. Col. Davis, Capt. Burbank  
 5. In what battles was he engaged? Bunker Hill  6. Where did he reside when he entered the service? Leicester, Worcester & Sutton  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Depositions & documents  8. Are the papers defective as to form or authentication? and if so, in what respect? Regular 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bell Examining Clerk.

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this seventh day of November in the year of our Lord, eighteen hundred and thirty Two personally appeared in open Court, before NATHaniel DAME Judge of Probate for the County of Worcester now sitting Elijah Torrey a resident of Millbury in the County of Worcester and Commonwealth of Massachusetts, aged seventy seven years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
In April 1775 I enlisted in a company of Militia for the term of eight months, the company was commanded by Capt. Seth Washburn, I was his fifer we were in Col. Ward's Regiment, Timothy Bigelow was Major, John Hart Adjutant I was in the battle on Bunker-hill on the 17 th of June, and after serving the whole of the term of our enlistment in the neighbourhood of Boston I received a verbal discharge which was the practice at that time, and immediately enlisted in a company of Artificers who were under the command and direction of Reuben Earl our employment was repairing guns for the army, I continued in that service three months when I was discharged, I do not know that we were annexed to any Regiment.
In Nov r 1776 I enlisted in a company of Militia for a term of four months the company was commanded by Capt. Ralph Earl I was his fifer, we marched to New-Jersey, we were in Col. Sparhawk's Regiment we marched first to Danbury, thence to Peekskill from thence to Morristown from thence to Bound-brook where we were stationed to the end of our term.
In Sept r 1777 I enlisted in a company of Militia which was commanded by Capt. Andrew Elliot, we marched to Bennington, from thence to Saratoga from thence to Fort-Edward where we were when Gen. Burgoyne surrendered soon after which I received a verbal discharge, the term of this service was twenty four days. I was fifer to said company which was in Col. Jon s Holman's Regiment. — In July 1780 I enlisted upon an alarm into a company commanded by Capt. Abijah Burbank we were in Col. Jacob Davis's Regt. we marched to Rhode Island, I was fifer to said company, the term of this service was twelve & a half days.
I was born in Thomson in Connecticut August 2 nd 1755 where I suppose there is a record thereof on the town book, but have never seen it. — When I enlisted the two first times I lived in Leicester in Worcester County Mass. when I enlisted the third time I lived in Worcester in said county, and the fourth time in Sutton now Millbury — near the close of the war I settled at Woodstock in Connecticut where I remained until within about eight years when I removed to my present place of residence. — I have no documentary evidence except the certificate and depositions annexed. —
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Before NATHaniel DAME Judge of Probate for the County of Worcester
Elijah Torrey

We Osgood Herrick a Clergyman residing in the Millbury and Caleb Burbank formerly a Major Gen residing in Millbury aforesaid hereby certify that we are well acquainted with Elijah Torrey who has subscribed and sworn to the above declaration, that we believe him to be seventyseven years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid. Viz Nov. 7. 1832  Osgood Herrick Before me Aaron Pease Just. Prob. Caleb Burbank
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Osgood Herrick who signed the preceding certificate, is a clergyman, resident in the Town of Millbury and that Gen Caleb Burbank who has also signed the same is a resident in the same Town and is a credible person, and that their statement is entitled to credit.
Nathl. Home J. D. Prob. -bate for the County of Worcester
I Theophilus Wheeler Regd , Clerk of the Court of Probate do hereby certify the foregoing contains the original proceedings of the said Court in the matter of the application of Elijah Torrey for a pension. That the foregoing is a true copy of the original proceedings of the said Court in the matter of the application of Elijah Torrey for a pension. TESTIMONY WHEREOF, I have hereunto set my hand & affixed the seal of said Probate Court this fourth day of November in the year of our Lord eighteen hundred and thirty two.
Theoph. Wheeler Regd. of the Court of Probate for the County of Worcester in Massachusetts.

Elijah Fony
Stou
Hon: J. Davis

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 Fory 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? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

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 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? yes
Has the official character and signature of the magistrate been 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? yes
XVI. ‡ Are the papers authenticated as the regulations direct? yes
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 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.

I Samuel Bixby of Ward in the county of Worcester & Commonwealth of Massachusetts of the age of seventy six years. — Also I Joseph Bancroft of Millbury in the county aforesaid of the age of seventy six years do both testify and say, that in Sept r 1777 we both enlisted in a company of Militia then raising in Sutton in the aforesaid county which company was commanded by Capt. Andrew Elliot, that Elijah Torrey of Millbury enlisted into said company with us, we all marched first to Bennington, from thence to Saratoga & from thence to Fort Edward where we remained until after the surrender of Gen. Burgoyne when we received a verbal discharge, the term of this service was twenty four days. — We also further testify that in July 1780 we turned out upon an alarm and a company was formed which was commanded by Capt. Abijah Burbank Elijah Torrey of Millbury enlisted into said company with us, we marched to Rhode Island, the term of this service was twelve and an half days. In both the aforesaid terms, the said Elijah Torrey served as fifer to the aforesaid companies.
Sam l Bixby Joseph Bancroft
Worcester ss Nov r 5 th 1832. Samuel Bixby and Joseph Bancroft personally appeared and made solemn oath that the facts stated in the foregoing deposition by them subscribed are true Before me — Aaron Pierce Jus. of Peace
I also certify that I am personally acquainted with Samuel Bixby and Joseph Bancroft and have no doubt of their being persons of truth and veracity — Aaron Pierce Jus. of Peace —

I Joseph Pierce a Citizen of the United States now resident at Athol, in the County of Worcester & Commonwealth of Massachusetts, do hereby certify and declare that on the commencement of the War of the Revolution, according to the best of my Remembrance, Elijah Sarray of Milbury, in the County & Commonwealth aforesaid, did in 1775 in April enlist as a musketeer under Capt. Washburn in Col. John Wards Regiment for the term of Eight Months, the Defendant was a Musketeer in Capt. Hubbard's Company in the same Regiment for the same term of time, in Col. Ward's Regt., was stationed at Fort of Cambridge at Fort No. two, so called - One half went into Bunkerhill Battle, after this the Regt. was ordered to Dorchester South of Boston where the Sarray, as well as myself, tarryed until the expiration of the Eight Months, I believe at that time there were none written or printed discharged given and further the Defendant quite not -
Athol Augt. 27. 1832
Joseph Pierce
Worcester Augt. 27. 1832 - Personally appeared the above named Joseph Pierce and made oath to the truth of the above Deposition Before me James Humphreys Justice of the Peace

I also certify that I am personally acquainted with the within named Joseph Ditre for many years, that he the said deponent has been one of the selectmen of the town and an officer of the poor of said town for a number of years past - and that he has been appointed a justice of the peace for the county of Worcester - and that he is a man of great morality and integrity so far as I have been acquainted with him -
James Humphreys Justice of the Peace

I Artemas Dryden of Holden in the county of Worcester and Commonwealth of Massachusetts of the age of seventy five years do testify and say, that in the year 1776 I enlisted in a company of Militia commanded by Capt: Dooty in Col: Sparkanks Regiment, we marched to Fish kill where we drew provisions and were ordered to a place called Bound brook in New-jersey when arriving there I was appointed Drum Major to the Regiment, which was where we first joined the Regiment. — I also testify that upon joining the Regiment at Bound brook, I became acquainted with Elijah Torrey who was there a fifer in Capt: Roff Carls company in the same Regiment, we remained at Bound brook, and I continued to be acquainted with said Elijah Torrey, who remained fifer to said company until we received our verbal discharge which was in March 1777, said Torrey now resides in Millbury in the county aforesaid. — Artemas Dryden
Commonwealth of Massachusetts } Worcester ss. October 27. 1832. Artemas Dryden personally appeared and made oath that the facts stated in the above deposition by him subscribed are true — Before me Aaron Pierce Jut. of peace
I also certify that the character of the above deponent as a person of truth and veracity is fair and unimpeachable. — Aaron Pierce Jut. of peace

Elijah Torrey's Certificate

Commonwealth of Massachusetts.
Secretary's Office, October 20 th 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that Elijah Torrey of Leicester enlisted as a piper in Capt Seth Washburn's company and Col Ward's Regiment of Massachusetts Militia April 30 th 1775, and did duty therein up to the first of August 1775 - Said as appears by said Washburn's pay roll on file - Said pay roll is made up to Aug 1. 1775 - but does not contain the discharge of any of the soldiers borne upon that roll - and there is no other pay roll of said Washburn's company on file for more than eight months subsequent to the 30 th April 1775 -
I further certify that there are no rolls of the company commanded by Reuben Earl on file.
I further certify that none of the Rolls of Capt Ralph Earl's company except one beginning in July 1777 - are on file - In that roll it appears that the Regiment was then commanded by Col. Danforth Keyes -
I further certify that said Torrey enlisted as a piper in the company of Map. Militia commanded by Capt Andrew Elliot in Col Jonathan

Holman's Regiment that marched Sep 26 1777 for thirty days to reinforce the Northern Army at the taking of Gen Burgoyne - The number of days of Forreign service including time of going and returning home, at twenty miles per day as appears by the said Roll was Twenty four days.
I further certify that said Forreign enlisted as a fifer in Capt Abijah Burbank's company and Col Jacob Davis Regiment of Mass Militia that marched to Rhode Island on the alarm in 1780 - The enlistment bears date July 30 th 1780 - The day of discharge is August 7. 1780 - to which is added time to return home, at twenty miles per day, three and a half days - making the whole term of said Forreign's service as appears as appears by said Burbank's pay roll Twelve and a half days -
Edward D Bangs. Secy

Revol
11439 INVALID.
File No. 11439
Elijah Torrey  n ★
Life Rev. War.
Act: June 7 th 1832
Index:—Vol. a , Page 36-2
[Arrangement of 1870.]
Elijah Torrey ★ Records corrected May 16/66  fs