Revolutionary War Pension and Bounty Land Warrant Application File S. 17788, Eliphalet Wilmarth, Mass.

SERVICE
Mass.
Wilmarth, Eliphalet
NUMBER
S-17788
CONTENTS
carded

15359. Massachusetts
Eliphalet Wilmarth of Bristol in the State of Mass who was a Private in the company commanded by Captain _____ of the reg t commanded by Col d Daggett in the Heald line for 121 Days 5 Days
Inscribed on the Roll of Mass at the rate of 47 Dollars 21 Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 10 th day of June 1833 and sent Hon J. S. Hodge, President
Arrears to the 14th of March 1833 $94.42 Semi-ant. allowance ending 24 Sept " 23.60
$118.02
{ Revolutionary Claim, } { Ac d June 7, 1832. }
Recorded by J. H. McLean Clerk Book 2, Vol. 2, Page 91.

Suspd. see letter to P. Cpt. March 11. 1835 - Do. to Swan & N. Clapham May 23. 1835 - Susp n removed. see letter to Pen agt June 22. 1835 & affts filed with No 15,379
Bristol

I Certify that Eliphalet Willmarth was born in the Town of Attleborough July 16 th A.D. 1755 as appear by the records of said Town
Elkanah Briggs & Town Clerk

10299 Elephalet Melvinth
Private 16 M. 5 days
14 06 May 6 1833
P 372
$4/21
H. L. Hodges Private
A. Bapell Private Mop.

10.279
BRIEF in the case of  Eliphalet Wilmarth of Attleborough in the State of Mass (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? 73 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.     19 April In 1775 — 21 Private Capt S. Richardson Co. 9 Mil l   17 June Ditto — 7 do Ditto do do   Summer Ditto — 7 do Ditto do do   1 Dec r 1776 to 20 March 1777 3 do Col n J n Daggett Reg t Volun t   Sep r 1777 — 1 do Capt n S. Richardson Co r drafted   Heads June 1778 — 1 do do do do do   to 1 st July do 6 do Capt n C. Richards at Cole 7 Mil l Col n Jacobs — Reg t Mil l   June do — 1 do Capt n Alex r Foster Co r do   Autumn 1779 1 do Col n Ch s Keene — do    Note also in a militia company part of the above — # June — Sept 1779 —

5. In what battles was he engaged? none stated
6. Where did he reside when he entered the service? not stated
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? by several witnesses - & the traditional evidence of others - one a clergyman - the latter certified to be credible persons -
8. Are the papers defective as to form or authentication? and if so, in what respect?
The signature of the Magistrate not countersigned by the Clerk
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
E. Stephens
Examining Clerk.

Commonwealth of Massachusetts
County of Bristol ss. On this twenty seventh day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honourable H. Baylies Judge of the Court of Probate now sitting at Taunton in and for said County, by Adj t  Eliphalet Nilmuth a resident of Attleborough in said County, aged 77 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 7 th A D 1832.
That he was born at Attleborough in the County of Bristol Commonwealth of Massachusetts on the sixteenth day of July A D 1755. and that there is a record of his birth in the Office of the Clerk of said Town.
That he was in the United States service three weeks commencing April 19 th 1775 that he marched from said Attleborough under Capt Stephen Richardson Esq r Foster 1 st and Michael Sweet 2 nd Lieuts that he was stationed at Roxbury and stayed there the abovementioned term and was then dismissed without any written discharge.
That he was in the United States service one week at Cambridge, that he marched from said Attleborough to Cambridge June 17 th 1775 and was there stationed under Capt Stephen Richardson for the term aforesaid and was then dismissed without any written discharge.
That he was in the United States service one week at Weymouth in the summer of 1775 . that he marched from said Attleborough to Weymouth under Capt Stephen Richardson Esq r Foster Lieut. that he was stationed and served there with the other Troops the the term above mentioned and was then dismissed without any written discharge.
That he was in the United States service from the first of Dec. 1776 to the 20 th of March 1777 . that he was drafted for three months service with others in the Legion and put under Capt Clapp of Mansfield Enoch Robinson and Benj r Morsey of Attleborough were the Lieuts Col John Daggett's Regt and were destined for New York. but when we had proceeded as far as Providence the British Troops appeared near Rhode Island and they were ordered to alter their course and go to Warren. and from thence after some days to Slades Ferry, and they were stationed there for three months and then dismissed . That after they arrived at Slades Ferry they

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 John Ferguson — who has signed the preceding certificate is a Clergyman — resident in the Town of Attleborough in said County of Bristol, and that Noah Claplin — who has also signed the same is a resident in said Town, and is a credible person, and that their statement is entitled to credit.
H. Baylies, Judge 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 Eliphalet Wilmarth of Attleborough in said County, for a Pension.
In testimony whereof I have hereunto set my hand, and seal of the said Court the day and year first above written.
Anselm Bassett
Eliphalet Wilmarth's
Declaration

3 There were a number of his Townsmen with him at the time but they are all dead.
9. Also that he was in the United States service one month in the autumn of 1779 on Rhode Island under Lieut Daniel Richardson in the absence of Capt Foster. After serving about 2 weeks was dismissed and set out for home. before he arrived at home was ordered back on account of the approach or supposed approach of the enemy and he returned to Fall River and was there and on Rhode Island under Col Charles Keene of Providence until the expiration of one Month from our first entering the campaign.
Eliphalet Wilmeth
In all the above mentioned campaigns in which he served he was considered in the Militia service and under regular Militia officers he was some part of the time enlisted as a minute man and was so considered for many months together and was called out for short campaigns accordingly.
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. } Eliphalet Wilmeth
Sworn to and Subscribed the day and year first aforesaid.
H. Baylies, Judge of Probate
Sept 24. 1832. - - - - -
We John Ferguson a clergyman residing in Attleborough and Noah Claflin - - - - - residing in the same Town hereby certify that we are well acquainted with Eliphalet Wilmeth who has subscribed and sworn to the above declaration; that we believe him to be seventy seven 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.
John Ferguson Noah Claflin
Sworn to and subscribed the day and year last aforesaid
H. Baylies, Judge of Probate.

2 were arranged into Col John Daggett's Regt. and he was put into Capt. Stephen Richardson's Company then commanded by Lieut. Alex. Foster. he is confident the three months service commenced at the time the arrangement took place and did not include the time he served at Providence Warren & etc under Capt. Clapp which was for a Month.
5 Also that he was in the United States service one Month commencing in the latter part of Sept. 1777. That he was drafted for said time and marched from said Attleborough to Tiverton near Fall River and stationed at the house of one Simmons under Capt. Stephen Richardson. Enoch Robinson Lieut. served there the term aforesaid and was then dismissed without any written discharge. This was at the time of Sullivan's Expedition.
6 That he was in the United States Service one Month at Tiverton near Fall River that was drafted for said service marched from Attleborough and served under Capt. Stephen Richardson. Nathl. Bishop Lieut. This campaign as near as he can recollect was in the fore part of the summer of 1778 he thinks in June.
7 Also that he was in the United States service six months in the year 1778. That he entered the service about the first July and served till about the first of January 1779 was on Rhode Island at the time of Sullivan's Expedition. Soon after the Battle we marched off and were stationed most of the remaining time at Swanzy neck nearly opposite Fall River. he served the fore part of the time under Capt. Caleb Richardson and the latter part under Capt. Cole. he is not certain under what Col. he served but thinks it was Col. Jacobs.
8 Also that he was in the United States Service  one month in the year 1778 under Capt. Stephen Richardson the fore part of the time and under Lieut. Alex. Foster the latter part that he was stationed at Fall River and served with the other troops until the expiration of the term and was then dismissed. While under the command of Lieut. Foster Wm. Sweetland served as first and Daniel Richardson as 2nd Lieut.
Also that he was in the United States service one month in Sept 1779 (if he is not mistaken in the date) under Capt. Alex. Foster Daniel Richardson 1st and Elijah Capron 2nd Lieut. he marched to Placides Ferry and was there stationed with the rest of the troops most of the time. he cannot recollect any man now living that was with him this campaign.

P
19/7/88
INVALID.
File No. 17,788
Shipwrecked
Pr. Geo. War.
Act: June 7 th 82
Index:—Vol. 1 , Page 419
[Arrangement of 1870.]
18

10.279
B R I E F objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Elisha H. Neilman which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?

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?
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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? — no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 3 rd & 4 th not answered
EXPLANATORY NOTES.
• QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For ————— year ————— months, and ————— days, I served as a ————— For ————— months and ————— days, I served as a —————; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
14. Certified
17. See additional affidavit

Personally appeared before me the under signed a justice of the Peace In and for the County of Bristol and Commonwealth of Massachusetts Elizabeth Wilmarth who being duly sworn deposeth and saith That In answer to the third Interrogatory prescribed by the department She Resided In Attleborough In the County of Bristol & Commonwealth of Massachusetts at the times he entered the several terms of services mentioned in his declaration - and has always lived resided there and does now on the same Farm where he was born. Elizabeth W. Wilmarth
Sworn and subscribed to by the said Elizabeth Wilmarth this 16 th day of May A 1833 Before me
Noah Claflin Justice of Peace
And I further certify that as to the 7 th Interrogatory not being answered in the said Elizabeth Wilmarth's declaration it was an inadvertence of my own
Noah Claflin Justice of Peace
Wilmarth

Commonwealth of Massachusetts Bristol ss. I Asahel Barrett Register of the court of Probate in for said County of Bristol do hereby certify that Noah Clapton whose signature is affixed to the within certificate is a Justice of the Peace for said County of Bristol - In testimony whereof I have hereunto set my hand & the seal of said court this twenty fifth day of May Eighteen hundred and thirty three - Asahel Barrett

I Samuel Draper of Middlebury in the County of Bristol in the commonwealth of Massachusetts of Lawfull age do hereby give evidence and say that in the year of our Lord one thousand seven hundred and seventy five the fourth of May enlisted in the American Army in the Regiment commanded by Col Timothy Walker in the company commanded by Capt Calab Packard and I testify and say that Zachariah White of Attleborough aforesaid at that time was one of the company appointed and served as privet soldier near Boston eight months that season with me ✓ Samuel Draper
Commonwealth of Massachusetts -
Bristol ss. Aug. 27. 1832 Samuel Draper made oath to the truth of the foregoing affidavit by him signed — Before me A. Bassett Clerk of the Peace

May 21. 1833 I certify that I have made diligent enquiry as to the character of Samuel Draper within Bransford & am satisfied he is a credible person & therefore certify he is so - Attest Just. of the Peace

at Summer & W. Sweetland Capt. C. Lipton: W. S. Smith 5 delegation

Commonwealth of Massachusetts) County of Bristol ss
At August 10. 1832.
I Abial Freeman of Swansey in said County of the age of twenty years being duly sworn do hereby and say that Capt. Ephraim Withworth of said Milborough served with me six months in the war of the Revolution under Capt. Caleb Richardson we commenced together and were both honorably discharged at the end of said term. We commenced in July 1778 and were discharged in January 1779. We were stationed at Swansey and elsewhere in that year.
Abial his X Freeman mark
Commonwealth of Massachusetts)
County of Bristol ss
At August 10. 1832.
Sworn to and Subscribed by the said Abial Freeman Before me
Dea. Ephraim Justice of Peace
Commonwealth of Massachusetts)
County of Bristol ss
At August 10. 1832.
I William Swettland of Milborough in said County of the age of twenty-eight years being duly sworn according to law do hereby and say that Capt. Ephraim Withworth of Milborough of said was with me one month in the service of the Revolution according to my best recollection it was in the summer of 1778 we were stationed near Fall River Sailed.
William Swettland
Commonwealth of Massachusetts)
County of Bristol ss
At August 10. 1832.
Sworn to and Subscribed before me
Dea. Ephraim Justice of Peace

Commonwealth of Massachusetts
County of Bristol ss. At Rehoboth August 23, 1832
I, Caleb Parmeter - of Rehoboth in said County of the age of 74 years and duly engaged according to law do testify and say that I was in the United States since the Revolution at Howlands Ferry State of Rhode Island in the year 1776-7 we entered the Service in December and was dismissed in March following I was drafted and served three months and Capt. Eliphalet Wilmart's Service with me the whole time we were under Capt. Nathaniel Clapp in Col. John Deyett's Reg't. I further testify that the said Eliphalet Wilmart served with me in one other Campaign at Kingston in the fall of 1777 one month under Capt. Stephen Richardson Great Robinson first and Benjamin Mosey 2nd Lieutenants at the time of General Sullivan's Expedition the foregoing facts are according to my best knowledge and belief
Caleb Parmeter
Sworn to and subscribed by the said Caleb Parmeter the day and year above written before
me Nathaniel Clapp Justice of the Peace
Bristol ss May 16, 1833
I hereby certify that I am well acquainted with Nathaniel Freeman William Sweetland and Caleb Parmeter who have sworn and subscribed to the foregoing depositions that they are all trustworthy and credible witnesses
Nathaniel Clapp Justice of the Peace

I Samuel Draper of the age 78 years have been Duly cautioned and sworn do testify and say that Capt. Eliphalet Wilmarth of Milborneport in the County of Bristol and Commonwealth of Massachusetts was with me in the State Service in the Revolutionary war at Newbury as near as I can recollect at least three weeks said Wilmarth was in Capt. Stephen Richardson's Company - we left home for Newbury on the evening of the day of Lexington battle Sept. 19 th 1775
Samuel Draper
Commonwealth of Massachusetts Bristol ss August 8 th 1832 Then the above named deponent made oath that the foregoing deposition by him subscribed is true according to his best knowledge and belief before me
Deborah Chaplin Justice of Peace
Commonwealth of Massachusetts County of Bristol ss Milborneport August 21 st 1832 I Dan Wilmarth of Milborneport in said County of the age of 82 years and duly sworn according to law do testify and say that Capt. Eliphalet Wilmarth of said Milborneport was with me in the Service of the United States in the revolution on Rhode Island he was in the Commonwealth's Service at the time the French Troops arrived there in the year 1779 In or about the last of September and in October and November and December as I understand the dates I cannot positively assert
Sworn to and subscribed by the said Dan Wilmarth The day and year above written before me
Deborah Chaplin Justice of Peace
Bristol ss May 16 th 1833
I certify that I am well acquainted with Samuel Draper and Dan Wilmarth who have sworn and subscribed the above depositions that they are Respectable men and creditable witnesses
Deborah Chaplin 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 Isaac Blagden Esq., whose signature is affixed to the within and annexed certificates, is a Justice of the Peace in 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, this third day of September, in the year of our Lord one thousand eight hundred and thirty-two.
Ja. Spratt
Saml. Dyer in behalf of Chas. H. Mitchell