Revolutionary War Pension and Bounty Land Warrant Application File R 11147, Josiah Warner, New York

SERVICE
NUMBER
New York
Warner, Josiah
19 11147
CONTENTS

Application of Thur Warner
J. W. Fairfield
Suspended Rec Letter to Hon J. King 22 nd Mar 1833 filed within

New York } Columbia County }
p. On this 5 th day of December in the year 1832, personally appeared before me one of the Justices of the Justices Court of the city of Hudson, County aforesaid, Olive Warner a resident of Athens in the County of Greene, aged eighty one years, who being duly sworn according to Law makes the following declaration in order to obtain the benefit of the act of Congress passed June 7. 1832 That she is the widow of the late Josiah Warner. That the said Josiah Warner her husband, died on the sixth day of July last, being then eighty six seven years of age. That her said husband was born in Weatherfield in the state of Connecticut in the month of March of the year 1745 That she now has the Record of his age in the family Bible. That his father subsequently moved to Old Canaan in Connecticut & thence to New Canaan in the County of Columbia aforesaid. That the father of this deponent resided in said New Canaan, & she was married to her said husband in November of the year 1764. That he & she moved to New Concord in said Columbia County, now called Chatham, in the year 1772 & there they resided when the war of the Revolution broke out.
That in the year 1775 her said husband joined the Regiment of Colonel M c B. Whiting & commanded a company in said Regiment. That by reason of old age & consequent loss of memory she cannot swear positively as to particular periods of service of her said husband, but she knows positively he held a commission of Lieutenant at the commencement of the war in the company of Capt. Frisbee Company . That he afterwards held the a Captain's Commission in said Colonel Whiting's Regiment, & that he was in actual service

nearly all the war from beginning to the end She recollects distinctly that in the early part of the war he was down the River at Fishkill, Pierkill & West Point &c. That afterwards he was a long time at Fort Edward, & in the year 1777 he was at Stillwater & Saratoga, & he served a long time at Schoharie & different places on the Schoharie River, & she is positive he was in actual service during that war, not up than four full years.
She recollects distinctly that during the latter part of the war he was quarter master of the Regiment aforesaid. That his said commissions of Lieutenant & Captain were signed by Governor Clinton, but are now lost or destroyed & she has no documentary evidence other than two receipts which are herewith sent — That she is positive he served in said regi- ment not up than two years as a Captain. That she can find no living witnesses of her said husband's services, other than those her- with forwarded. That her said husband resi- ded in said New Concord, or Catskill till 1793 & since that till his death, has resided at Athens aforesaid. That she hereby relinquishes all claim to any pension or annuity for her said hus- band's services, except the present, & that his name is not on the pension roll of the agency of any State.
That she would refer the Hon Secretary of War to the Hon John King, Member of Congress from said Columbia County, who can testify to the character of her said husband & to his general reputation as a soldier of the Revolution —

That she is old & needy & prays that the pension due to her said husband from the 4 th of March 1830, to the 6 th of July 1832 may be granted unto her. That her maiden name was Jackson that she was born at Vollington in the State of Connecticut, that her father's family were kindred to General Andrew Jackson the present President of the United States. —
Subscribed & sworn to the day & year aforesaid J. W. Fairfield justice as aforesaid
Olive Warner
New York
Columbia County { On the same day & year aforesaid personally appeared before me William J. Warner who being duly sworn according to Law, says that he is the only surviving son of Captain Josiah Warner & Olive his wife. That the above named applicant is his mother. That his said father & mother have lived with him the last nine years that during this time & many times previous he has heard his father speak of his Revolutionary services as Lieutenant, Captain & Quarter Master That once on a journey his father showed him where he was encamped while at Fort Edward, & from what he has heard his father say, he does positively believe that he served not less than four years, in actual service, during said war — That he has no doubt that he served as much as two years as Captain, & further says as
Wm J Warner
Subscribed & sworn to the day & year aforesaid J. W. Fairfield justice as aforesaid

State of New York
Columbia County
On this 7th day of December 1832 personally appeared before me one of the Justices of the Justices Court of the City of Hudson County aforesaid William Frewdell who being duly sworn according to Law says that he is now eighty one years of age, & a pensioner under the act of June 7. 1832. That he was well acquainted with Capt. Josiah Warner above named during the Revolution - seen since till his death July 6. 1832 - That said Warner was a Captain in the Regiment of Colonel William B. Whiting & Lieutenant Col. Waterman - That he knows that said Warner was in service with his company in the early part of the Revolution to the north in pursuit of Sir John Johnson - That he, this deponent, served as Lieutenant under command of Capt. Warner in the year of 1777 & went to Fort Edward & Fort George. He thinks that Warner at this time had command of Frisbee's company - Capt. Frisbee being sick. He cannot swear positive as to the periods of said Warner's service, but he knows that said Warner was in actual service most of the war, & is positive from what he knew of him that he served not up than four years. He thinks said Warner acted as Captain during the whole war, except when acting as Quarter Master. And he further swears that said Warner was acting Quarter Master in said Col. Whiting's Regiment for several years - how long he can not be positive, but certainly not up than two years - That said Warner was always a worthy man & an excellent officer - Further says not
William Frewdell
Subscribed & sworn to the day & year aforesaid
J. W. Fairfield Justice as aforesaid

State of New York
I Elijah Hardy of the Town of Chatham in the County of Columbia and State of New York aged eighty-five years being duly sworn saith that he has been intimately acquainted with Capt. Josiah Warner for about sixty-five years most of which time a near neighbour and about six years of the time of the war with Great Britain in the Revolution he this deponent served as Ensign in the same Company in a Regiment of New York Militia Composed of Col. William B. White's Battery in which the said Josiah Warner was an Artillerist and during the said War he this deponent was with the said Josiah Warner in a number of campaigns at different times and years during the war and this deponent further saith that the said Josiah Warner served as Quarters master about four years knows of his purchasing forage and forage for the use of the Army and also that the said Warner had charge of a number of Teams Belonging to the United States Army employed in Transporting Salt and other Articles for the use of the Army and this deponent further saith that the said Josiah Warner was during the time of the revolution most of his time employed in the Service of the United States. Subscribed and sworn to the 26th day of June 1832 before me Elijah Hardy
David Patterson
Comt. of each &c
I certify that I am well acquainted with the above named Deponent that he is a man of sound mind and retains his faculties and memory uncommonly well as of a Good Moral Character
David Patterson Comt. &c

State of New York Columbia County } I Joseph D. Monell. Clerk of the said County do certify that David W Patterson Esq before whom the within Affi- davit purports to have been sworn was at the date of the same, a Commissioner of Deeds duly qualified by law to take Affidavits. And that I am acquainted with his hand writing and verily believe his name subscribed to said Affidavit to be his proper hand writing and signature. Witness my hand and Seal of Office this 12 th day of December 1832
J. D. Monell
Lady's Affx for Miss Warner

State of New York } Columbia County } ss. On this 10th day of December 1882 personally appeared before me one of the justices of the justices court of the city of Hudson County aforesaid. Josiah Jackson a resident of said city, aged seventy four years, who being duly sworn, says he is now a pensioner under the act of Congress that he was well acquainted with Capt. Josiah Warner the above named, who died on the 6th of July last. That he was so acquainted before the Revolution & ever since. That he recollects he held the commissions of Capt & Quarter Master during the most of the said war. That he cannot state how long said Warner was in actual service - but he thinks he said Warner was in such service most of the said war. Said Warner's wife is a relative of this Deponent & on that account he was frequently at said Warner's residence & always found said Warner out on service - That he was always called an excellent officer & prompt for every duty - & for this says not
Subscribed & sworn to } Arch. D. Root the day & year aforesaid } J. W. Fairfield justice as aforesaid
I Josiah W. Fairfield the above named justice do hereby certify that about the mid- dle of June last, I was called upon to take the declaration of the above named Josiah Warner. That I found him quite infirm by age - but his mind seemed perfectly sound & his memory clear & distinct. At the said Warner

then made his statement to me, & I wrote it down from his mouth & he subscribed & swore to the same before me. The next day I enclosed the original statement to the Hon John King M.C. from this county & since that I have have never seen it, neither can it any where be found. And I further certify that in said statement he declared that at the beginning of the Revolutionary War he had a Lieutenants Commission in the Company of Capt Frisbie Regiment of Col Wm B Whiting; that he subsequently received a Captains Commission & was acting quartermaster for several years - I cannot name the period of service which he stated, but according to the best of my recollection, he was in actual service about four years, & was a captain in such actual service upwards of two years - And I further certify that he then gave me the two receipts above attached. And I have no doubt he served in said War as he then stated - On the 6 th of July said Warner died. And I further certify that the above named Olive Warner is unable to appear in Open Court. That I have full confidence in her statement. That William I Warner, William Tinsdale & Richard Jackson, are to me well known to be men of truth & veracity & their state is worthy of credit -
C. W. Fairfield Justice aforesaid
State of New York Columbia County 3 I. Joseph D. Moneel Clerk of the said County. do Certify that Josiah W. Fairfield Esq. before whom the preceding Affidavits purport to have been sworn was at the dates of the same one of the Justices of the Justices Court for the City of Hudson and that I am acquainted with his hand writing and verily believe that his name subscribed to said preceding and annexed Affidavits to be his proper hand write.
Witness my hand and Seal of Office of this 12 th day of December 1832
J. D. Moneel

Hon. J. King
22 March 1833
O.C
General Register
Recorded Vol. 8. Page 379.

War Dept.
Pension off.
Mar. 22 1833.
Sir
I have the honor to inform you that the claim of Olive Warner founded upon the Revolutionary services of her deceased husband Josiah Warner has been examined. It appears that the declaration of service was made by Josiah Warner on 21 June 1832 before J. W. Fairfield a justice of the peace - and upon the assumed fact that the declaration was lost, another was made by his relict on the 5th inst. Both declarations are now before me. The declaration of the widow in the handwriting of M c Farland & sworn to before him as a Magistrate alleges that she was the wife of the claimant during the Rev. war, that she "knows positively he held a Commission of Lieut t at the commencement of the War in Capt. Friesbee's Company" "That he afterwards held a Captain's Commission in 2 d Whiting's Reg t " "that she is positive he was in actual service during that war not less than four years" - that she distinctly recollects that during the latter part of the war he was quarter Master of the 2 d Reg t " that the said Commissions of Lt & Capt. were signed by Gov. Blenton but are now lost & destroyed" and that "she is positive he served in said Regiment 2 years as a Captain".
whose jurat  affidavit is also in the handwriting of M c Farland & sworn to before him
In support of the above declaration W m Friesdale swears

that Mr. Warner "was in actual service most of the war; his is positive from what he knew of him that he served not less than four years." that "he acted as Capt during the whole war except when acting as Quarter Master," in which capacity he served "certainly not less than two years."
Archibald Jackson (another witness whose testimony is taken before Mr. Fairfield & embodied in his handwriting) swears that Mr. Warner "held the commissions of Capt & Quarter Master during most of the war."
To the above is added the certificate of Mr. Fairfield stating  setting forth that in last June he called upon Mr. Warner to take  took his declaration - forwarded it next day to you - has never since seen it, nor can it any where be found - and then adds - "I further certify that in said statement, he declared that at the beginning of the Revolutionary war he had a Lt's comm n in the Company of Capt. Treadwell & Regt. of Col. Whiting. that he subsequently rec d a Captain's Commission & was acting Quarter Master for several years . I can not name the period of service which he stated but according to the best of my recollection, he was in actual service about 4 years, & was a Capt in said actual service upwards of 2 years."
The following is an exact copy of the declaration of Mr. Warner in the handwriting of Mr. Fairfield & sworn to before him in 21 June last.
"State of New York } Columbia County } Josiah Warner of the village of Athens, County of Green in said state being sworn says that he

is 86 years of age. that in the year 1775 soon after the battle of Bunker Hill he rec d a Comms n of 2 Lieut t under the Provin- cial Congress & served as such Lieut t 3 or 4 years, is not posi- tive which; that he then rec d a commission of 1 Lieut t & so acted till the close of the war. He is not positive by whom the Commissions were subscribed but thinks the 2 nd one was by Gov r Clinton - says those Commissions are lost & can not now be found. Wm B Whiting was the Co d under whom he served & Philip Frebee was Capt t during his second first Lieut- tenancy & on the promotion of Capt t Frebee, Ebenezer Cady first Lieut t being advanced to the rank of Capt t this deponent rec d his said Comms n as first Lieut t . This deponent was in the retreat from fort George. He was the first who led troops to defend Cherry Valley in said state; was in the battle with Johnson Buller & Brandt in Palatine on the Mohawk River - was Quarter Master during one campaign & while acting as such rec d two receipts (one of which is enclosed herewith). He was in service at Stillwater at the time Cornwallis was taken & in numerous other campaigns & skirmishes, too many to mention further says not Signed Isaiah Warner
This above quotations disclosing the distinctive features of a claim as asserted by the Claimant himself while alive & as set forth by the widow & witnesses after his death upon the belief that the original declaration of service was lost, all drawn up in the hand writing

of a judicial  public function are upon whose official acts the plaintiff must necessarily necessarily rely confide in the adjud- ication of claims through whose certificates & agency these contradictory statements are made & sanctioned, demand call for the severest reprehension of the plaintiff. It does not escape observation, that the circumstances under which this claim was made out in both instances, placed the plaintiff wholly in the power of the public officer who officiated in reducing it to form and authenticating its evidences - If the plaintiff should be compelled from a sense of duty to withdraw withhold its confidence from the official acts of the Magistracy by the repetition  repetition of such occurrences as this  glaring  distortions of facts , you will readily per- ceive the perplexing consequences which would result to claimants - It is therefore to avert those consequences & to visit with the marked reprobation third palpable attempts of a fraud, that the plaintiff will decline  peruse any farther intercourse with us Fairfield unless he will furnish a satisfactory explanation. Who else  prostitutes his judicial functions to  for the  fraudulent purposes  as and  such  cases as may have been entrusted to him will be in future be reported to you & those which derive any sup- port from his certificates unless satisfactorily sustained in all other respects will be returned for the purpose of removing the suspicion which these disclosures must throw over them.
With respect to the claim as asserted by the deceased Claimant it is impracticable to discover the time for which he claims

the periods & terms of his tours of Militia as he failed to state the terms of service &c as the regulations require
service or to comply in other respects with the rules & regulations
His declaration, that he was at Still water at the time of the surrender of Cornwallis, (if he intended to allege that he was serving there in a military capacity at that time) is contradicted by the military history of the time -
The claim is suspended & the papers placed on file -
act 7. June
Hon J. King

Hudson New York
Aug 18 th 1846,
Sir,
The children of Lieut. Josiah Warner, are desirous of information of his services, in the war of the Rev.
Josiah Warner in 1832 applied in person for a pension & made a statement of his services, soon after the act passed.
That a ft , was sent to your Office, and his Atty. J. F. Fairfield Esq. of Albany then made out a declaration for Mr Warner in the form prescribed by your Office. I think Mr Warner tried to sign this declaration,
Mr Warner died in 1832 I think & since his widow Olive Warner applied under act of 1836 I think, but did not succeed in obtaining a pension, and I have not been able to get the information I want from Mr Fairfield.
Lieut Warner & his widow lived in Albany,

Grenn County, when they made their Application My wish is that you would send me with a full abstract of the whole matter, as stated by Mr. Warren this widow - so that I can advise their children whether it is advisable to go on any farther in the matter.
Res d J. Young.
Stephen H. Clarke
Hon J. L. Edwards, Counsel.
Josiah Warren applied from Grenn County N. Y. under act of 1832. This widow under act of 1836 or 1838.

J. M. at Westbury Letter Rec. 20 June 1832
Washington P.G.
Mr King H. C.
Yrs

Yrs
Hon. John King M. Co.
Washington D.C.
J. M. McWilliams Rec. 28 June 1832

State of New York { Columbia County }
Josiah Warner of the Village of Athens, County of Greene in said State being sworn says. That he is eighty six years of age. That in the year one thousand seven hundred & seventy five soon after the Battle of Bunker Hill he received a Commission of 2 d Lieutenant under the Provincial Congress & served as such Lieut three or four years, is not positive which — that he then received a Commission of first Lieutenant & so acted till the close of the Revolutionary war. He is not positive by whom the Commissions were subscribed — but thinks the 2 d one was by Gov Clinton. Says those Commissions are lost, & can not now be found. William B Whitney was the Colonel under whom he served, & Philip Frisbee was Capt during his second  first Lieutenantancy, & on the promotion of

of Capt Frisbee. Ebenezer Ladd first Lieut being advanced to the rank of Capt this deponent received his said Commission of first Lieut. - This deponent was in the retreat from Fort George. He was the first who led troops to protect Cherry Valley in said State was in the battle with Johnson, Butler & Brant in Ballantine on the Mohawk River; was Quarter Master during one Campaign under Col. Whiting & while acting as such received two receipts (one of which is inclosed herewith) He was in service at Stillwater at the time Fort Hall was taken & in numerous other campaigns & skirmishes too many to mention, & further says not
Subscribed & sworn before me
J. D. D. D. D. D.
This 21 st June 1832
J. W. Fairfield
one of the Justices of the Justices Court of the city of Hudson
I hereby appoint Josiah W. Fairfield my Agent to draw & receive all monies due to me by reason of the Pension Law late enacted. & hereby authorise him to apply for the same in my name & to appoint any other agent necessary for obtaining the same, which money is for my own sole & proper use & benefit
J. D. D. D. D.

Hudson June 21, 1832
Dear Sir,
Mr Josiah Warner whose affidavit is herewith connected, says he is acquainted with you, & that being the case I have no doubt you could supply by your affidavit any thing that may be necessary in order to draw the pension for the old man. I have not the Law on the subject, but presume this will be sufficient. I suppose the wages of just such are the same as among the Continentals. The wages of New York Militia for that rank was $40 per month. Will you present this to the Secretary & if sufficient send me the money or draft as soon as made.
Mr McTear tells me you are acquainted with all the family &c I hope it will not trouble you much, & he will pay whatever it may be
your O b st Serv t
J W Fairfield

U.C.S. January 19, 1929
Mrs. Walter L. Nuschke Austin Pennsylvania
Madam:
I advise you from the papers in the Revolutionary War pension claim, R. 11147, it appears that Josiah Warner was born in March, 1745, in Wethersfield, Connecticut.
From Wethersfield he moved to Old Canaan, Connecticut, then to New Canaan, Columbia County, New York. He moved to New Concord (which was later called Chatham) Columbia County, New York, in 1772 and lived there when he entered the service.
He stated that in 1775, soon after the battle of Bunker Hill, he was commissioned second lieutenant in Captain Philip Frisbie's Company in Colonel William B. Whiting's New York Regiment, was promoted to first lieutenant in said regiment, served a campaign as quartermaster, was in the retreat from Fort George, at the capture of Burgoyne, in the battle at Palatine on the Mohawk River and served until the close of the Revolution.
He applied for pension June 21, 1832, at which time he was living in Athens, Greene County, New York. The claim was not

allowed as proof of service, as required by the pension laws, was not furnished.
Josiah Warner died July 6, 1832, in Athens, New York.
He married in November, 1769, Olive Jackson who was born in Voluntown, Connecticut, about 1751. In December, 1832, she was living in Athens, New York.
William J. or I. Warner stated in 1832 that he was the only surviving son of Josiah and Olive Warner.
Respectfully,
WINFIELD SCOTT Commissioner
Signed by Commissioner in person

Rev: in store A 167. 26 Oct: 1700 of Josiah Warner 2 M c N o 10 Whiting, Rev: of Militia Two Guns public property M c F. Pruyne for O h V o Rensselaer for Knapp

Rec d in store A.W. 27 Dec r 1800 of Josiah Warner 2 nd M t Vol t Whiting's Reg t of Militia Thirteen Guns public property. Rev d S. Pray Ph. V. Rensselaer Storekeeper

Austin Pa.
Jan. 16, 1929
Bureau of Pensions, Washington, D.C.
Gentlemen:
On Jan. 20, 1928, you wrote me regarding one Josiah Warner who fought in the Revolution. I have been working on this line for a year and only this week discovered the date of his death in his daughter's Bible, which corresponds with the date in your letter. Therefore I am interested in this particular man and would like very much to receive a copy of his full history, which you say you can give me.
Thanking you for your attention to the matter, I am Very truly,
Mrs Walter L. Nuschke NUSCHKE

Mr. Kings Letter

Dr. Sir,
I enclose to you the papers you sent me, while at Washington, in the respective cases of Warner, Cady and Townsill; I should immediately on my return home have forwarded them to you, but a continued state of ill health has placed it entirely out of my power until this time. I presented the papers to the proper officer, at the war department, who returned them with the following remarks (N o 23) "The evidence in support of the claims of E. Cady, Josiah Warner and William Townsill is not sufficient" and at the close of his letter he adds "The remarks in the case of E. Church are applicable to the three last named cases". The remarks in the case of Church to which the allusion is made, are "E. Church in order to substantiate his claim, must make a declaration before a Court of record, and conform to the printed rules of evidence; The original discharge, of which the enclosed is a copy, must be enclosed to the department".
In haste, with much esteem,
I am Sir, yours respectfully,
John King
August the 11 th , 1832.
J. W. Fairfield Esq.

War Department Pension Office July 28 1872
Sir
Your letter of the 12th inst has been received, and in reply I can only say, that the rules adopted by the Dept t cannot be dispensed with. They were transmitted to Mr King on the 18th, that you might be able to proceed agreeable to their requisitions.
Unless the applicants are prevented on account of infirmity or sickness from attending in open court, the declaration before a Judge or Justice of the Peace will not be admitted.
I am Respectfully Yours W H
J. L. Edwards
Hon Sarah W. Fairfield Hudson NY

Pension Office
September 17, 1846
Sir,
In reply to your letter of the 18 th ulto. I have to inform you that no application has ever been made by Olive Warner for the benefit of the act of 4 July 1836. In 1832 Josiah Warner filed a declaration claiming a pension for and  alleged service as a 2 d Lieutenant under Capt. Frisbee of Col. Whittings Regiment for 3 or 4 years commencing in 1775, and alleged that he served as quarter Master for one Campaign. Shortly after making his declaration Warner died. His Application was in December 1832 renewed by his widow Olive Warner who presented a declaration another declaration, which differs so widely in the material facts contained therein from the Original one signed by Joseph Warner and presented under such Circumstances was calculated as to raise a strong presumption (implicating the parties interested as well as the Agent Mr. Fairfield by whom all the papers were drawn up) that an intentional fraud upon the Department was in contemplation Mrs Warner and her Agent Mr. Fairfield were so

informed. No attempt to prosecute this claim further has been made since Decemr. 1833. If it is to be revived again every essential fact contained in Joseph Warner's Original declaration must be established by proof of the highest order - Unless therefore his service as well as his ap- pointment as a Lieutenant, and Quarters Mas- -ter be sustained by the records in the office of the Constitution of New York no satisfactory adjustment of this claim can be made.
Sept 17. 1846
W. H. Clarke
Wheeler H. Clarke Esq. Hudson New York

War Dept.
Dear Sir:
Nov. 28/833.
Sir.
I have the honor to acknowledge the receipt of yours of 25 th  inst enclosing the explanatory letter of Mr. Fairfield.
By comparing that letter with mine of 22 March to Hon. J. King, you will readily perceive that it requires a very liberal if not a constrained construction, to arrive at the conclusion that no fault is attributable to the functionary who had a chief agency in the preparation & authentication of the palpable fraud which the second set of papers was calculated to effect if the first had not been recovered. To say the least of it, it manifests a culpable looseness in his Magisterial character. The reprobations made by yourself & others, are calculated to inspire confidence in the general character of Mr. Fairfield but his share in this particular transaction, I must still think manifests an exceptionable looseness in his Magisterial acts,

That Mr. Fairfield was not apprised of my letter of March last is entirely owing to my reliance on Mr. Kings making the necessary communications
With respect to the claim in question it is difficult to say what disposition should be made of it The original declaration of the Claimant is alto- -gether vague & general and furnishes no data of sufficient precision to form  shape a satisfactory opinion upon the am t of his service - and the supplemental papers which gave rise to this correspondence, & which were intended to supply the place of the original (supposed to be lost) are so palpably discredited by their recovery in all es- -sential points, that they could not be received as a basis of a claim - The documentary evidence shew that the claim is a meritorious one to a extent - How far, it would appear impracticable to ascertain -
28 th June
Hon Vanderpool

Washington
25 Decr 1833
Dear Sir
I have been requested by J. W. Fairfield Esquire of Hudson to hand you the enclosed papers. — It is due from me to Mr Fairfield to say, that he sustains a high rep- -utation for integrity in the County in which he resides, and that the circumstances upon which you have felt yourself called upon to ani- madvert, with so much sincerity could not have resulted from any intention of Mr Fairfield to de pervert the truth ; I think the enclosed explanation , coupled with say the evidence, I have to his general good character will convince you, that than he did not intend to do wrong. — Please to inform me whether the within explanation is sufficient to exonerate Mr Fairfield from the imputation of fraud & perversion — I feel for him the interest, we should all cherish for every good Believer
Very respectfully Yours
A V andrup
J L Edwards Esq

Hon. J. L. Edwards Compt of Pensions

Hudson Dec. 19. 1883
Hon. J. L. Edwards,
Sir, I this day received a letter from Mr. Vanderpool, M.C. from this County - enclosing a statement from your Department and imputing severely upon me in relation to the application of Josiah Warner & his widow for a pension. I regret exceedingly that the facts stated in that communication should not have been made known to me before; for I would not rest one hour under such a suspicion, or any suspicion of wrong, provided any explanation in my power, could obliterate the same. I have ever aimed in all my duties, to avoid "even the suspicion of evil"; & in relation to pecuniaries, I have purposely & studiously avoided all connection with their certificates or money that might leave any room for suspicion. Of this, Mr. H. Cagg one of my associates justice, who I am informed, is now in Washington, will fully satisfy you - if reference be had to him - Book to the case in hand -
Some time in June 1882, immediately after the passing the pension Law. Mr. H. C. King of this city desired me, to get a copy of said Law & take the affidavit of one Josiah Warner, to me a total stranger, for a pension under it. He also informed me that said Warner was an old acquaintance of Mr. King, & that I had better forward the affd t when made to Mr. King in care. I accordingly called upon said Warner & took his statement, & at the same time took a Mr. Treadwell affd t & sent them both with other papers to Mr. King. I kept no copies of any of the papers, & indeed never kept a copy of any which I have written. Soon after this I received a copy of the Instructions of the Secy of War under that act, which required the deposition, or declaration to be made before a Court of Record. I then obtained a certificate that I belonged to such a Court, & I think the seal of our

book I sent them to your Department. I think after- ward I wrote a letter to your Department, & received a letter from you of July 28 th 1832 which I enclose to you. On the first of Aug. 32 I went to New Hampshire & did not return till October, or some time in September - I then found on my Desk the enclosed letter from Mr. King together with Mr. Frazelle's & Lovejoy's papers. Mr. War- ner's papers were not among them. As his letter like yours pur- ported to have covered the whole, I applied to Mr. King for Warner's papers. He replied that he had sent them all to me, & then I gave up the search.
Previous to this however, I had learned that Mr. Warner was dead, & I believe, had so informed your Department. During the Autumn of 32 the son of Josiah Warner repeatedly called on me to proceed in the case - & I as often told him that the original papers being lost we had no data to go by, for that I could not state any thing positively contained in them, that I had written so many Declarations of different persons that my recollection was confused. He said his mother's recollection was good & I accordingly called upon her & took her deposition as you have it, from her own mouth - I repeatedly put the question if "she was sure" & she used "positive" so often in reply Her son I think also made an aff d .
Jackson & Frazelle both offered their aff d s, as they said "on account of their feelings for the widow" & I wrote from their mouths.
I subjoined my statement as I believed correctly & God knows as innocently as a lamb, & I can give no reason for its variance with the original as appears by your statement, except that I had the impression that he was advanced in grade while in the war & the aff d s of the widow & the other witnesses, fixed that impression upon a Captain Com d - besides I then supposed & do now, that a Quarter Master Com d is a Captain Com d - Be that as it may, I have to regret making any statement upon my recollection, or

the recollection of others. Mr Warner always, as I am informed, was called "Corporal Warner" - This & the Quarter Masters Compt may have occasioned the mistake of the Writings - I can think of no other excuse for them -
This I am Sir, is a candid Statement of what I now recollect of this case - I have no copies of papers to refresh my memory. From the letter inclosed I had reason as you say, to suppose the Original papers lost, but I am incapable of acting as you infer, upon the presumption of that loss
Sir, this is the first time, to my knowledge, of my ever being suspected of doing wrong. & in support of my character I would refer to Mr Vanderpool, Mr McCleagg - & if more be required, I wish to be informed. If this Explanation & reference is satisfactory, I hope you will do me the justice, to let me know it & feel it -
I hope & pray that whatever is due to Warner's widow may be speedily allowed to her - whatever be the issue as regards myself. I have received no reward from her nor any of the family - neither the promise of any - I have acted honestly with a clear conscience
Allow me in conclusion to say that I am very uneasy & shall remain so till I hear from you - & respectfully to enquire why I have not been informed of this before. I have repeatedly written the King & your Department & received no answer from either - It is some what mysterious -
I am Sir,
Yours Ob t Serv t J. W. Fairfield
I have no doubt the word "Comwallis" in Warner's aff d was a clerical mistake of mine for "Burgoyne"

Olive Warner
New York
Act 7 th June 1832
Suspended See letter
to Hon. S. King Mar.
22 nd 1833
Get to Hon. A. Vanderpool
28 Dec '33
H. H. Clark Sept 17, 1876
111 47

1929 Jan. 19 - hist to Mrs. Walter L. Unschke, M.C.S.
Acts of July 14, 1862, and March 3, 1879.
11. 14 REJECTED
P. O. Oliver Warner
Service: Widow Josiah Warner
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18 List 1522 gives fol. reason for suspension. "Suspended for defective proof, which must be amended by a statement of the original Alleges: facts, to be proved by records at Albany."
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18