Revolutionary War Pension and Bounty Land Warrant Application File S. 15,254, Daniel Wharry, New York

SERVICE
New York.
Wharry, Daniel
NUMBER
S. 15254
CONTENTS
carded.

New York 24.892
Daniel Wherry
Jefferson 6 in the State of New York who was a Private in the Company commanded by Captain Benwick of the Reg t commanded by Col Paulding in the New York line for 18 months
Inscribed on the Roll of New York at the rate of 60 Dollars Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 17 th day of Mar 1834 and sent Mr S. Ely Brownsville N. York
Arrears to the 4th of Mar 1834 $ 180:00 Semi-ant. allowance ending 4 th Sept '34. 30:00 $ 210:00
{ Revolutionary Claim Act June 7, 1832
Recorded by Geo. B. Whiting Clerk Book E Vol. 4 Page 129

10 994
Daniel Wherry
Admiral Private 18 months
Dec 21 33
Wm S Ely Esq Brownsville New York

WAR DEPARTMENT,
Pension Office,
Dec 21 33
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Daniel Wherry
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     April 1. 1780 until Jan 9. 1. 1781. 9. Private Col. Pauding 69 years of age Arthur Colburn   April 1. 1781 until Jan 9. 1. 1782. 9. Col. Weisnfeld. Resided at Montgomery New York Joseph Van Demark Charles Humphrey Oliver Humphrey John Palmatier   18  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval Service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ 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 and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
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 named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To 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? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of 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. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

STATE OF NEW YORK, } ss. Oneida County, }
On this 10th day of September 1832 personally appeared in open court now sitting, Daniel Wherry in the court of Common Pleas a resident of said county and state, aged Sixty eight 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, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated: That he was born at Orange, N.Y. Town Montgomery in 1764. Knows of no record of his age lived at Montgomery when called into service. Service since then was at Little Falls N.Y. show at Boonville That he enlisted as a private in the Militia on the first of April 1780 at Montgomery N.Y. in Capt John Burnetts Co. Col Paulding's Regt for nine months and continued to serve until January 1781 when he was discharged on the Delaware River having served fully his nine months . That he enlisted a second time in April 1781 for nine months at the place aforesaid in Capt John L. Hardenberghs Co. Col Weidenfelds Regt and continued to serve in said Corps until Jan'y 1782 at about that time he was discharged at Marbletown on Delaware River - having served a second term of nine months . The head quarters of the army was at Marbletown - He has a written discharge from this service, which he lost on Patrick Burnet having soon after was said has never been it since - he refers to annexed affidavits as to his services and character
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.
Joseph B. Read Off Clerk
Daniel Wherry
residing in
and
hereby certify that we are well acquainted with who has subscribed and sworn to the above declaration: that
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 and subscribed the day and year aforesaid.
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 named applicant was a Revolutionary Soldier and served as he states: And the court further certifies, that it appears to them that Peter Schuyler Merchant who has signed the preceding certificate, is a resident in Boonville in said County and that Benjamin Post Master who has also signed the same, is a resident in Boonville in said County , and is a credible person, and that their statement is entitled to credit.
From the distance from court of sessions it would occasion too much expense to require their personal attendance
By the Court C. Haysden Just P. assd
I, George Brown Clerk of the Court of Common Pleas of Oneida Co do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Daniel Wherry for a pension.
In Testimony Whereof, I have hereunto set my hand and seal of office, this 10th day of Sept 1832
And I also certify that Simon Miller before whom within my presence the foregoing proceedings have been taken on the day of the date of the same, a justice of the Peace for said County, and I believe the signature to be his legal signature.
Geo. Brown Clerk

We Peter Schuyler merchant and Harry Graves Postmaster residing in Boonville in the County of Oneida hereby certify that we are well acquainted with Daniel Wherry that we believe him to be sixty eight years of age — That he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion —
Peter Schuyler Merchant Harry Graves Post Master
Oneida County ss Personally appeared before the subscriber the above named Peter Schuyler and Harry Graves to me well known as men of truth and veracity and subscribed and made oath to the above certificate.
Subscribed and sworn to
Dated Boonville July 13 th 1832
Lorin Miller Justice of the Peace.

Arthur Colwell affidavit
x d
Daniel Wharry Thursda Co. N.Y.
Private
1880. Capt Burnell Co. Col Paulding Regt. 9 mos.
1881. Capt Hardenbergh Co. Col Miesenfeldt's Regt 9 months.
In whole 18 months.
He is deceased
at his home
at his home at his home
Pension payable in New York City - Mrs. Ely agent Newark off bounty N.Y.

State of New York
Saratoga County ss. Arthur Colwell formerly of the Town of Little Britain in the County of Orange in said State of New York now of the Town of Galway in the County of Saratoga in the State of New York aforesaid aged Sixty eight years being duly sworn doth depose and say that he was well acquainted with Daniel Wherry in the time of the Revolutionary War, at Little Britain aforesaid, and that he the said Daniel Wherry served as a private Soldier in said War, in Captain John Burnett's Company, in Colonel Paulding's Regiment of the New York line of State Troops, from the first day of April 1780 until the 1st day of January 1781 being nine months and that he this deponent served in the same Company & Regiment with the said Daniel Daniel Wherry during the aforesaid period and that he the aforesaid Daniel Wherry was dismissed at a place called Mumbachus in the State of New York by Colonel Paulding or his Order on the said first day of January 1781. And this deponent doth further say that the said Daniel Wherry served as a private Soldier in the Company of Captain J. S. Holenbuck in Colonel Wierenfeldt's Regiment of the Militia of the State of New York in the Revolutionary War from the 1st day of April 1781 until the 1st day of January 1782 being nine months and that he this deponent served with him during the aforesaid period of nine months & were both honorably dismissed or discharged on the said 1st day of January 1782 at Mumbachus aforesaid by Capt. Holenbuck
Arthur Colwell

Saratoga County ss. Personally appeared before me the within named Arthur Colwell to me well known to be the person described in and who executed the foregoing affidavit and made oath to the truth of the within affidavit on the 28 th day of June 1832.
James Thompson first Judge of Saratoga County
Saratoga County ss. I Thomas Palmer Clerk of the County of Clerk's Office of Saratoga do certify that James Thompson who has subscribed the foregoing affidavit was at the date thereof first Judge of the County of Saratoga
In testimony whereof I have hereunto subscribed my name and affixed the seal of the Court of Common Pleas of the County of Saratoga this 28 th June 1832
Thomas Palmer Clerk

State of New York } Ontario County } ss.
Oliver Wumphrey of the Town of Phelps, County of Ontario, State of New York, formerly of Ulster County, aged Seventy five years, and Charles Wumphrey, of the Town, County, and State aforesaid, formerly of Ulster County, aged seventy one years, being duly sworn, deposeth and saith, that they are well acquainted with Daniel Wherry, and was acquainted with him during the Revolutionary War, and that the said Daniel Wherry served as a private soldier in said War, in a Company commanded by Capt. John Burnet, in Colonel Paulding's Regiment, of the New York line of State Troops, from the month of April 1780, until the first day of January 1781, nine months, and that said Wherry was discharged near the Delaware River in the State of New York by Colonel Paulding or his order on the said first of January 1781, and further the deponents say not.
Sworn and Subscribed this day of October 1833 - before me Joseph Van Demark, Jr. Justice of Peace.
Charles Wumphrey
State of New York } Ontario County ss }
I certify that Joseph Van Demark junior, whose name is subscribed to the above certificate, was at the date thereof, a Justice of the Peace in and for said County; and that I am well acquainted with his hand writing, and verily believe the said signature to be his proper act and deed.
In testimony whereof I have hereunto set my hand, and the seal of said County this twelfth day of November A. D. 1833.
F. J. B. Crome Dep Clerk

State of New York } Ontario County } ss.
Joseph Van Demark of the Town of Phelps, County of Ontario. State of New York, formerly of Ulster County aged Seventy one years, being duly sworn, deposeth and saith, that he is well well acquainted with the Daniel Wherry, and was acquainted with him during the Revolutionary war, and that the said Daniel Wherry served as a private Soldier in said war two campaigns of nine months each. First in Captain John Bennett's company in Colonel Paulding's Regiment of the New York line of State troops, from the first day of April 1780. until the first day of January 1781, nine months, and that said Wherry was discharged near the Delaware River in the State of New York by Colonel Paulding on his order on the said first day of January 1781. - and further that the said Daniel Wherry served as a private Soldier in Captain J. L. Tholenback, (or as it is sometimes written Thadenburgh) in Colonel Wirnfelt's Regiment of Militia in the State of New York in the Revolutionary war, from the first day of April 1781. to the first day of January 1782. being nine months, when he was discharged on the Delaware river in the State of New York - being eighteen months -
Sworn and subscribed to this } 19 th day of October 1853. before me } Joseph Van Demark for Justice } of the Peace -
Joseph Van demark
State of New York
Ontario County S.S. I certify that Joseph Van Demark junior, whose name is subscribed to the above certificate, was at the date thereof, a Justice of the Peace in and for said county; and that I am well acquainted with his hand writing, and verily believe that the said signature to be his proper act and deed.
In testimony whereof, I have hereunto set my hand, and the seal of said County this twelfth day of November A. D. 1853.
H. J. B. Crome Dep Clerk

STATE OF NEW-YORK, } ss. Jefferson County Clerk's Office, }
I, PELEG BURCHARD, Clerk of said County, do hereby Certify, that George Drown Esqr _____ before whom the annexed affidavit purports to have been sworn, _____
was at the date of the same a Judge of the County Court Com Pleas in and for the said County, commissioned and sworn, and duly authorized to take the same.—And further, that I am well ac- quainted with his hand writing, and verily believe his name subscribed to the same, to be his proper hand writing and signature.
WITNESS my hand and Seal of said County, this Twenty seventh _____ day of November _____ in the year 1833.
P. Burchard Clerk.

State of New York Suffolk County } ss
Daniel Wherry of the Town of Alexandria in the County of Suffolk, being duly sworn says that there is no clergyman residing in his neighbourhood whose attendance he could procure to certify to his character —
Sworn and subscribed this 27 th day of November 1833 before me
Daniel Wherry
Abraham Judson Suffolk County Court

State of New York Schoharie County
John Palmatier of the town of Marysburgh in the County of Schoharie in the Province of Upper Canada being duly sworn says, that while he was in the service as a soldier of the Revolutionary War, he knew a soldier who was in the service, by the name of Daniel Wherry. The said Wherry was a private soldier in the Regt of Col. Weissen- feldt. How long said Wherry served when he enlisted, under whom he enlisted, where he enlisted, or when or where the said Wherry was discharged the deponent does not know. all the deponent does know about said Wherry is, that the deponent knows & has seen a Daniel Wherry in the Regt. commanded by Colonel Weissenfeldt acting during as a private soldier during the Revolutionary War. Further says he.
Subscribed & sworn before me on this 26. day of Sept. 1833. G. Bronson J. J. D. Schoharie County Court
John Palmatier mark

In reply to your request of _____, received for a statement of the military history of Daniel Wherry a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( or his widow's ) application for pen- sion on file in this Bureau. S. F. 15,254
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Apr. 1. 1780 2 years Private John Burnett Pawling N.Y.   Apr. 1. 1781 9 mo. John Hardenburgh Weissenfels  
Battles engaged in, ✓ Residence of soldier at enlistment, Montgomery, N.Y. Date of application for pension, Sept. 10. 1832.  When I was 86 Residence at date of application, Onondaga Co. N.Y. { at the time of application in 1832. Age at date of application, B. 1764. Montgomery, Orange Co. N.Y. Remarks: There is no data relative to family.
For the date of last payment of pension and date of soldier's death, I am obliged to apply to the Auditor for the Int. Dept. Citing the following data: Daniel Wherry, Cert. No. 24,892, issued March 17, 1834, N.Y. Agency. Very respectfully, under act June 7, 1832.
This part omitted in letter to Mrs. Alice M. Weeks
Commissioner.

May, 18, 1905 - His to Mrs. A. B. Elmer - Canton, N.Y.
June 26, 1905 History to Mrs. Eva L. Sweet, Theresa, N.Y.
1913, Aug. 5. History to Geo. W. Barlow, F.W.
1914, June 3. History to Miss Alice M. Meeks, F.W.
15254 INVALID.
File No. 15, 254
Daniel Henry Rail. Rev. war
Act: June 14th 1832
Index: — Vol. 1, Page 405
[Arrangement of 1870.]

R
2/13/05.
Commissioner of Pensions Washington D.C.
Dear Sir,
Could you please furnish me with a duplicate of Daniel Wherrey's discharge.
He was a Soldier of the Revolution enlisted under Gen. Washington at the beginning of the war and served untill the close.
He was a Pensioner and understood he was quartered at Valley Forge. He died in 1842 or 1843.
Yours respectfully.
Mrs. D. B. Elmer
Canton St Law N.Y.

Theresa June 12-
Pension Dept. Washington D.C.
I am writing regarding my great grandfather, Daniel Wherry, Jefferson Co., New York who was a soldier of the Revolution and who died between the years of 1840-1843. I think.
Would it be possible for me to procure a duplicate discharge to enable me to join the daughters of the Revolution.
Please advise me and oblige M rs . Eva L. Sweet.
Theresa,
Jefferson Co., New York.
15 2 04

Commissioner of Pensions Washington D. C.
BETHANY, MO.,
July 26 th 1913
Dear Sir:
I desire to find the date of the death of one Daniel Wherry who was a soldier in the War of American Revolution -
Daniel Wherry was born in Montgomery New York in 1764 and died in Plessis Jefferson Co N.Y. and buried there, but only a small marker or stone marks his grave and no date of his death is given
He enlisted in the war of the Revolution in N.Y. April 1 st 1780 and served 9 Months as a Private. and again enlisted and John Burnett was his Captain and — Rawling was his Colonel -
He again enlisted in April 1781 and served 9 Months as a Private and John L Hardenburg was his Captain and — Wisseufels was his Colonel and at the time of his enlistments he was a resident of Montgomery N.Y. -

Page 2 - Commissioner Pensions -
BETHANY, MO.,
Daniel Wherry was a Pensioner, as a Revolutionary Soldier - and we are unable to find the date of his death - But believe that you can furnish same by reason of the Government Record showing date of last payment of his Pension, -
His land warrant received from the Government was located where the City of Buffalo is now situated -
Any information you can furnish me as to the date of the death of said Daniel Wherry will be appreciated and I will gladly pay the expense in securing same if any expenses for such information is required from the Department - Truly Yrs Geo. W Barlow

OFFICE OF BARLOW & BARLOW LAWYERS
GEO. W. BARLOW GILBERT BARLOW
BETHANY, Mo., July 28, 1913.
Commissioner of Pensions.
Washington City, D. C.
Dear Sir:
On July 26 1913 I wrote your department to learn the date of the death of one Daniel Wherry a soldier of the war of the American Revolution who enlisted in the service as a private from Montgomery Ulster Co. N. Y.
1st on April 1st 1780 as a private serving 9 months, and John Burnett was his captain and Levi Pawling was his Colonel. 2nd on April 1st 1781 as a private serving 9 months and John L. Hardenburg was his captain and ----- Weissenf el was his Colonel.
Daniel Wherry enlisted each time from Montgomery in Ulster Co. N. Y. as above stated and died and is buried at Plessis in Jefferson Co. N. Y. and a small marker at his tombstone fails to give the date of his death.
I stated that the land warrent given him by the goverment of the U. S. was located where the city of Buffalo N. Y. is now located but this was error the land warrent was located on land where the city of Rochester N. Y. is now situated-
Since writing you on the 26 instant I have examined the senats Documents of the U. S. now in possession of the Sons of the Revolution and find that said Daniel Wherry whose name was spelled therein as Danoel Wherry was on the New York Pension Roll Rank as a Private as a soldier in the war of the Revolution.
You will find his record a such Pensioner  prisoner from the Senate Roll.

BETHANY, MO.,
First Session 23rd Congress
V ol. xlll - 1833 - 34 page 330
His Annual Allowance was $60.00. Sums received $180. N. Y. State troops. He was placed on the pension Roll march 17, 1834. Commencement of Pension march 4, 1831, age 70 yrs.
Said Daniel Wherry - ( or as said Record shows his name as Daniel Wharry) died in Jefferson Co. N. Y. and is buried at Plessis Jefferson Co. N. Y.
He was born in 1764, placed on Pension Roll in 1834 which made him 70 yrs. old when placed on Pension Roll.
I want a certified copy of the Pension Record of Daniel Wherry (Wharry) as shown by the said Senate Records also want included in the certificate the date of his death if the records in your office show same and if the records of your office fail to show the date of his death then include in the Record as certified the date the government ceased paying his Pension - which would be presumed to be at date of the death of said Daniel Wherry.
Please send me statement of your fees for same and I will forward draft for same.
Very truly,
Geo. W. Barlow

HANNAN McINTOSH CADY CHAPTER, ALLEGAN, MICH. AFTER FIVE DAYS RETURN TO
133 Crescent St.
May 28, 1914.
Dept. of Interior Bureau of Pensions - Washington D.C. Rev. War Section -
Daniel Wherry of Montgomery N.Y. served in Rev. War and in 1832 applied for a pension - which was granted him in 1834. Will you please send me copy of pension record.
Respectfully, (Miss) Alice M. Bunker.

Brownville Jefferson County N. York
J. L. Edwards Esq. Sir
I herewith return Daniel Wherry's Depos for a Perjury, with the Magistrate's Certificate as to the credibility of the witnesses Van De Mark and the 2 Humphrys, which was overruled before Colwell and Van De Mark are positive as to two terms of Service of 9 months each making 18 months. The 2 Humphrys are positive as to the first 9 months, and Palmate knew him in the Service. I did not get the Magistrate's Certificate as to the credibility of Palmate, as he lives in Canada and was accidentally here. Consequently the Justice did not know him personally. There is sufficient without him I think - I send it to strengthen the proof - as it is - Colwell swears he was in the same company with Wherry the last 9 months, and was discharged with him at the same time. His credibility is well supported by the first Judge of Saratoga County in this State, and Van De Mark, and the Humphrys, are said to be as respectable men as any in Ontario County in this State. I think the proof is now irresistible.
I refer you to the Hon. Daniel Woodworth M.P.C. from this County for information as to my character. I am very
Respectfully Your Obl. Servt William S. Ely Agent for D. Wherry
N.B. The old certificate of Olcott is returned }

State of New York } Ontario County } ss
Joseph Van Demark of the Town of Phelps, County of Ontario, in the State of New York formerly of Ulster County, aged Seventy one Years being duly sworn, deposeth and saith, that he is well acquainted with Daniel Wherry, and was acquainted with him during the Revolutionary War and that the said Daniel Wherry served as a private Soldier in said War Two campaigns of nine months each. First in Captain John Burnets company in Colonel Pauldings Regiment of the New York line of State Troops. From the first day of April 1780, which was the time of his first entering the Service, until the first day of January 1781 being nine months, and that said Wherry was discharged near on the Delaware River in the State of New York by Col. Paulding on his order on the said first day of January 1781. The place being called Mumbockey, And further this deponent saith that the said Daniel Wherry served as a private Soldier in Captain J. L. Kolenback, (also it is sometimes written Hardenburgh) in Colonel Misenfeldts Regiment of Artillery in the State of New York in the Revolutionary War from the first day of April 1781 until the first day of January 1782 being nine months, when he was discharged on the Delaware River in the State of New York being Eighteen Months
Joseph Vandemark
State of New York } Ontario County } ss
Personally appeared before the subscriber a Justice of the Peace in and for said County, the above named Joseph Vandemark, to me well known as a man of truth and veracity, and subscribed and made oath to the above affidavit. This 17 th day of January 1834
Joseph Van Demark Justice of the Peace

State of New York } Ontario County } ss
I Charles Crane, Clerk of said County, do hereby certify, that Joseph Vandermark Esq. before whom the annexed within affidavit purports to have been sworn was at the date of the same a Justice of the Peace in and for said County, commissioned and sworn, and duly authorized to take the same. And further, that I am well acquainted with his hand writing, and verily believe his name subscribed to the same, to be his proper hand writing and signature.
Witness my hand and seal of said County, This 8 th day of February in the year 1834.
Charles Crane.

State of New York Ontario County ss
I, Charles Crane, Clerk of said County, do hereby certify that Joseph Vandemark Esq. before whom the affidavit  within affidavit purports to have been sworn, was at the date of the same a Justice of the Peace in and for said County, commissioned and sworn and duly authorized to take the same. And further, that I am well acquainted with his hand writing, and verily believe his name subscribed to the same, to be his proper hand writing and signature.
Witness my hand and seal of said County the eighth - day of February - 1834.
Charles Crane.

State of New York Ontario County } ss
Oliver Humphrey of the Town of Phelps county of Ontario State of New York, formerly of Ulster county aged Seventy five Years, and Charles Humphrey of the Town, county and State aforesaid, formerly of Ulster county aged Seventy one Years, being duly sworn deposeth and saith, that they are well acquainted with Daniel Wherry, and was acquainted with him during the Revolutionary War, and that the said Daniel Wherry served as a private soldier in said War in a company commanded by Capt John Burnett in Colonel Paul- ding's Regiment of the New York line of State Troops from the Month of April 1780 until the first day of January 1781 nine Months, and that said Wherry was discharged near the Delaware River in the State of New York by Col. Paulding on his order on the said first day of January 1781 - and further their deponent saith - Dated at Phelps this 17 th of January 1831
Charles Humphrey Oliver Humphrey
State of New York Ontario County } ss
On the 17 th day of January 1831 Personally appeared before the subscribers a true copy of the Deed in and for said county, Oliver Humphrey and Charles Humphrey the above named deponents, to me well known to be Men of truth and veracity, and submitted and made oath to the above affidavit
Joseph Van Eemerkem Justice of the Peace