Revolutionary War Pension and Bounty Land Warrant Application File S. 31492, Jonathan Wilmarth, Mass.

SERVICE
Mass.
Wilmarth, Jonathan
NUMBER
S 31492
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

71 Pistol
5783: Massachusetts Jonathan Winman of Bristol in the State of Mass who was a Private in the company commanded by Captain Town of the Regt commanded by Col Whitney in the Spars line for 12 Months Day
Inscribed on the Roll of Spars at the rate of 40 Dollars 11 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 16 th day of Febry 1833 and due  on J. L. Hodges To of Reps Arrears to 14th of Sept 1832 $ 80.16 Semi-ant. allowance ending 21 Mar 33 20.05 $80.21
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. L. Blair Clerk, Book D. Vol. 27 Page 99.

3992
Jonathan Wilmarth of Bristol Mass.
Private 12 mos 1 day Adm'd
ak 14
5/20-11-
P-197
A Babbett of Taunton Bristol Co

BRIEF in the case of  Jonathan Wilmarth  of Bristol Co in the State of Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 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. As a Gen.     In 17 77  age 21 private Capt. Folsom Capt. Richard   " 78 - 2 - " Capt. Frost Col. Whitney   " 80 3 - " Wilmarth Col. Daggett   - 6 10 - " Brimhall Col. G. Bradf.  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Attleborough  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witnesses Traditional Evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
C. H. S. Blair Examining Clerk.

I Certify that Jonathan Willmarth was born in the town of Attleborough November 16 th A.D. 1761 as it appears by the records of said town of Attleborough
August 27 th A.D. 1832
Ebenezer Briggs Jr Town Clerk

Jonathan Millmarth
9.1.12.
3992

Commonwealth of Massachusetts, } BRISTOL, ss. }
At a COURT of PROBATE holden at Taunton - in and for said County on the twenty eighth day of August . one thousand eight hundred and thirty-two, before the Honorable HODDAH BAYLIES, Judge of the Probate, &c. for said County, personally appeared Jonathan Wilmarth a resident of Attleborough in the County and Commonwealth aforesaid, aged seventy years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the act of Congress, passed June 7th, 1832, make the following declaration.
That he entered the Service of the United States under the following named officers and served as hereinafter stated; to wit: under Capt. Stephen Richardson, Lt. Benjamin Tingley, Ensign Elephale & Day, Lt. Col. John Hathaway , the names of the Col. & Major he has forgotten; again under Capt. Town, Lt. Benton, Ensign Isaac Wheeler , the Col. of the Regiment was Deame Whitney , his other name & the names of the officers besides, are forgotten; again under Capt. Moses Wilmarth no other Company officer, it was called the Col. Company, the Col. was Gamaliel Bradford , Capt. Moses Wilmarth, Lt. Ebenezer Tyler, Ensign Elephale & Day, Col. John Daggett, Lt. Col. John Hathaway , Major's name forgotten; again under Capt. Lt. Brimhall , no other officer in the Company, it was called the Col. Company, the Col. was Gamaliel Bradford Lt. Col. Barrett, Major Wiley ; and the particulars of his several services he will state in reply to the fifth interrogatory hereunto subjoined and further declares as follows, in reply to the interrogatories propounded by the Secretary of War; to wit:
1. Where, and in what year were you born?
Ans. That he was born in Attleborough in the County of Bristol and State of Massachusetts in the year one thousand seven hundred and sixty one .
2. Have you any record of your age; and if so, where is it? My birth is recorded in the Book kept by said Town for the purpose of recording births therein according to the law of this Commonwealth, a certified copy of which record by the present Town Clerk of the Town is hereto annexed.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
Always in Attleborough aforesaid.
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom? I voluntarily enlisted the first two times, the third time I was a substitute, and the last time voluntarily enlisted, the first three times in the State Troops or militia & the last I am not certain whether it were in the State Troops or the Continental Service.

4. How were you called into service ; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom? I voluntarily enlisted the first two times, the third time I was a substitute, and the last time voluntarily enlisted, the first three times in the State Troops or militia & the last I am not certain whether it were in the State Troops or the Continental Service.
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. Under Capt Richardson I entered in April in the year seventeen hundred and seventy seven, marched to Fogland Ferry in Little Compton in the State of Rhode Island, and were stationed there guarding the coast from any incursion of the enemy, and served there about three weeks, when a part of the Company was dismissed from that place & I immediately entered under Capt. How, and marched to Providence where we served five weeks, and thence to Point Judith, where we staid the remainder of our term, which was for two months, keeping guard to intercept any communications with the enemy on Rhode Island; Under Capt. Wilmarth I entered as a substitute for one Paul Sanford, in the beginning of the year seventeen hundred and seventy eight and served three months at Warwick in Rhode Island State guarding the coast against the enemy; the last time I enlisted under Capt. Bransbald and marched to Springfield, in the month of July in the year seventeen hundred and eighty, where we marched to Westpoint in New York State, where I was placed in the company under Capt. Brimhall, and the regiment above mentioned, we staid there some time and were drilled, and then the army crossed at Kings Ferry in boats to the east side of the river in pursuit of the enemy; but before we came up with them they had crossed the river to the west side, and we recrossed at the same Ferry, thence we marched to New Jersey & there and in New York spent much time in marching from place to place, and then the left wing of our army, in which I was, marched back to Westpoint for winter quarters, staid there a few days when I detached to the lines, and kept on scouting parties till some time in January after, my term of service was out; and about ten days  a month after our term was out I received my discharge at Westpoint; I enlisted for six months and served at least  six months & ten days once, while I was on a scouting party, we  and had a long skirmish with a superior body of the enemy, which we defeated and retook eleven head of horned cattle & forty nine sheep, and other articles the plunder of a small village which the enemy had sacked;
3 weeks.
2 mo.
3 mo.
6 mo. 10 d.
12 mo. 3 days.

Commonwealth of Massachusetts } August 24-1932 County of Bristol ss.
I Isaac Perry of Attleborough in the County aforesaid of the age of 75 years having been first sworn do testify and say that I was a Soldier in the army of the Revolution at Foggin's Ferry in the State of Rhode Island twenty one days and Jonathan Willmarth was with me for the said term of time and served in the Company commanded by Capt. Stephen Richardson and in the Regiment commanded by Colo. John Hatheway in the year 1777 in the month of April I further testify and say that I then enlisted on the fourth day of May in the same year 1777 and did duty under the command of Capt. Frowe five weeks in Providence, Rhode Island - From thence we were ordered to Point Judith where I did duty three weeks in said State and under the command of said Frowe; In the Regiment commanded by Colo. Whitney - And that Jonathan Willmarth enlisted the same time that I did and did duty in the same Company for the said term of two months
Isaac Perry
Sworn to and Subscribed Before me one of the Justices of the Peace for said County the day and Year aforesaid
Seneca Sanford Justice of the Peace
Commonwealth of Massachusetts } August 24 th 1932 County of Bristol ss.
I Thomas French of Attleborough in the County aforesaid of the age of 72 years having been first sworn do testify and say that I was a Soldier in the Revolution war and enlisted at Attleborough sometime in the Month of the 1st of June on the first of July in the year 1780 I then marched to Springfield in the State aforesaid then we were put under the command of an United States officer (Lieut. Bencraft) then I marched on to West Point in the State of New York then I was put into Capt. Brim Hall's Company in Colo. Bradburn's Regiment and did duty in said Company until about the first of January 1781 when I was discharged - And that Jonathan Willmarth enlisted at the same time that I did and was in the same Company with me until about the first day of December in said Year (1780) and did duty as a Soldier - Then he was detached on command to do duty on the Lines as I understood
Thos. French
Sworn and Subscribed Before me one of Justices of the Peace for said County the day and year aforesaid
Seneca Sanford Justice of the Peace

Commonwealth of Massachusetts } August 24 th 1932 County of Bristol ss
I Thomas French of Attleborough in said County of Bristol of the age of 72 years having been first sworn do testify and say that I was a Soldier in the Revolution war at Warwick in the State of Rhode Island from about the first of January in the year 1774 to about the first of April in said year (1774) in the Company commanded by Capt. Moses Willmarth and in the Regiment commanded by Col. John Sargent of said Attleborough for the term of three months - And Jonathan Willmarth of said Town was in the said Company with me and did duty as a Soldier in said Company for the term of said three months
Sworn and Submitted Before me one of the Justices of the Peace for said County the year and day aforesaid
Thos. French
Seneca Sanford Justice of the Peace "
Commonwealth of Massachusetts
Bristol ss I James Spratt Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that Seneca Sanford Esq. whose signature is affixed to the above foregoing certificates, is a Justice of the peace in and for said County of Bristol and duly qualified to administer oaths
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court, the twenty fourth day of August, in the year of our Lord Eighteen hundred and thirty two J. R. Spratt

Commonwealth of Massachusetts. Bristol ss. I certify that I am well acquainted with Jonas Perry & Thomas French who signed the foregoing affidavits and they are respectable men and disinterested & credible persons —
January 29-1833. Seneca Sanford Just. Peace

6. Were you a Soldier or an Officer? if a Soldier, did you ever receive a discharge from the service; and, if so, by whom was it given, and what has become of it? if an Officer, did you ever receive a commission, and if so by whom was it signed, and what has become of it?
I was a Soldier, and never had a discharge in writing, except on my last service; that discharge on my return home I gave to the representative of our Town in the legislature of this State to obtain my pay, and I have never seen it since.
7. State the names of the 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.
I refer to the Reverend Thomas Perry & Stephen Briggs of Rehoboth & Attleborough in the County of Bristol -
And the said Jonathan Wilmarth doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the Pension Roll of the Agency of any State, or (if any) only on that of the agency of the State of
Sworn to and subscribed, the day and year aforesaid.
Jonathan Wilmarth H. Darylie, Judge of Probate.
WE Thomas Perry a Clergyman residing in Rehoboth and Stephen Briggs residing in the same Attleborough hereby certify that we are well acquainted with Jonathan Wilmarth who has subscribed and sworn to the above declaration; that we believe him to be about seventy years of age; that he is reputed and believed, in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to and subscribed, the day and year aforesaid.
Thomas Perry Stephen Briggs H. Darylie, Judge of Probate.
AND the said Court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Thomas Perry - who has signed the preceding certificate is a Clergyman - resident in the Town of Rehoboth - in said County of Bristol, and that Stephen Briggs who has also signed the same is a resident in the  said Town, Attleborough and is a credible person, and that their the statement is entitled to credit.
H. Darylie, Judge of Probate. Register of Probate.
COMMONWEALTH OF MASSACHUSETTS, } BRISTOL, ss. }
I Anselm Bassett Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jonathan Wilmarth of Attleborough in said County, for a Pension.
In testimony whereof I have hereunto set my hand and the seal of the said Court the day and year first above written.
Anselm Bassett

31492 Rev INVALID.
File No. 31,492
Jonathan Wilmarth Rev Rev War
Act: June 1 st 32"
Index:—Vol. 2 , Page 455
[Arrangement of 1870.]

Gonkhan Mönartu
ABussell

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of 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? 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? no And is the official character and signature of the magistrate certified by the proper officer under his seal of office? Yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes XVI. ‡ Are the papers authenticated as the regulations direct? 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.
14 Suppl.