Revolutionary War Pension and Bounty Land Warrant Application File R. 11,646, Ebenezer Wilmarth, Mass.

SERVICE
NUMBER
Mass.
Wilmarth, Ebenezer
P 11,646
CONTENTS

26. 249. Ebenezer Wilmarth Jr.
Shaw-Walker
Mr. Sisson of Lyons N.Y. agent

State of New York
County of Wayne ss; On the Fifth day of June in the year of our Lord One thousand eight hundred and thirty three, personally appeared in open Court before the judges of the Court of Common Pleas of the County of Wayne, now sitting Ebenezer Wilmarth Ju- nior, a resident of the town of Lyons in the County of Wayne and State of New York, aged sixty six years, who being first duly sworn according to law, doth on his oath, make the following Declara- -tion, 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 about the fifteenth or sixteenth day of June in the year 1781, as near as he can recollect, at the town of Attleborough in the State of Massachusetts he volunteered to serve for eight months as a private, in the Militia of the said State of Massachusetts, or in the troops called out of the said Militia in said State - that he was sent to Bull's Hill Fort, in the State of Rhode Island, where he arrived on the twenty fifth day of June aforesaid, or between that and the last day of said month, and is sure that it was as much as two days before the said month of June went out, and he well recollects of having scuffles with others on his birth day, which was on the sixth day of July in said year 1781, at said Fort, he then being fifteen years old - that he served at the said Fort as a private, the full term of eight months from the time he arrived at said Fort, under Captain Brown, whose given name he has forgotten, who was from Rehoboth in said State of Massachu- setts, in a Regiment commanded by Colonel Patten, whose given name he does not recollect, but believes it was James. That said Col. Patten was

from the town of Roxbury, near Boston - that he was, some of the forepart of the time employed in repairing the Fort, and some in guarding the country about it and keeping the Fort, exercised and trained daily while at the Fort, - when he first went to the fort, he was a few days less than fifteen years of age - that there were no other Troops at the Fort, excepting those under the command of said Col. Patten, at the time this declaration was there, that he does not now recollect the name of any other officer then at the Fort - that at the expiration of the said term of eight months, which was one of the last days of February 1782, and he believes on the twenty eighth day of said month, he was discharged in writing by Col. Patten & signed by him. that the said discharge has been worn out and destroyed.
That at the expiration of the above term of eight months service, he started from Bull Hill Fort, to go home to Attleborough, and when he arrived at the town of Rehoboth in Massachusetts, the town adjoining Attleborough, he saw a man from the latter town, who wanted to hire a man to go into service for a class he belonged to in the Militia, which was required to furnish a man to serve for three years, the said Militia having been before that time divided into classes, and each class required to furnish a certain number of men to serve for the term of three years - that he the said Ebenezer Wilmarth junior then agreed with the said man to go into the said service as a substitute for the man required from said class for the said term of three years, - that in pursuance of the agreement so made, he did go into the said service, as a substitute for the person required from said class for the said term

term of three years, and was accepted and received as such substitute - that he does not now recollect the name of the man who thus hired him, and for whose class he thus went as a substitute - that the man who thus hired him, went with him to the town of Taunton which was about twelve miles from said town of Rehobath, for the purpose of having the declarant accepted as the substitute for said Clap, that being the place appointed for mustering and accepting - and that he was there accepted as said substitute for said Clap - that directions were then given to him by the man who had hired him, to go to Boston and how and when to find a company there, which he was to join and with which he was to go to West Point in the State of New York, and then to join (at West Point) a company which had previously gone there - that he then went from Taunton to Attleborough the place from which he started when he first entered the service where his friends then resided, his father then being in the regular army, where he staid two or three days and then went to Boston, where arrived & joined the company as directed, on the sixth day of March 1782, - that he staid at Boston in the service, with the other Troops, six weeks there were no other Troops at Boston, but those he served with, that he recollects - that he has forgotten the name of the Captain or officer under whom he served while at Boston, does he recollect nor any of the officers then there, - that he marched with the company he then served in from Boston to West Point in the State of New York - that the company which it was expected he would join when he arrived at West Point, was some distance from there, and he was detained at that place in service

in the Company in which he came there, until he was discharged on Furlough - it was expected that there would be peace and that he would not be further or longer wanted in service, and he was told that if he should be wanted again that he should be called for, and that he never was called for again and did not again return into service - that he served during this whole period, as a private soldier - that he received a written Furlough from one of the Field officers at West Point, but of what grade, or what his name was, he cannot state, and does not remember, on the fourteenth or fifteenth day of July, in the year 1782, but he cannot be precise and certain - that from the time he joined the company at Boston, to the time he received the Furlough at West Point, was four months and some days but the number of days he cannot state precisely and certainly. - That there were at that time some regular Troops at West Point, he thinks as many as two Regiments, but he was then young and has entirely forgotten the names of the officers & did not then know many of them - that he served as a private only & in no other grade - that he has no documentary evidence to prove his services or any of them - that he knows that all the services herein before stated by him were performed by him although he has forgotten the names of officers and many of the circumstances attending the services - that he knows of no person by whose testimony he can procure, who can testify to his services herein before stated, or to any of them - that from his present recollection, he cannot state the names of any other officers under whom he served, than those already stated herein - that he was not during the periods of service herein before stated.

employed in any civil pursuit, or in any other business than that of a soldier in the service of the United States. This deponent and declarant, further deposes and says that about twenty years ago in felling a tree, a limb fell upon his head, and fractured and broke his skull bone, and he was trepaned and several large pieces of his skull bone were taken out. that he has been for more than twenty years greatly afflicted with the Rheumatism, and has been for more than three years, and still is, unable to walk, without the assistance of two crutches and that he has suffered great and excruciating pains from his Rheumatic complaints, by reason of which, and of his old age, his constitution is worn out and destroyed and his memory much impaired. that the injury done to his head and the other afflictions & sufferings above stated have injured & impaired greatly, his memory - and has rendered it impossible for him to swear more positively as to the precise length of his services & the circumstances attending the same than he has herein before done - and for the services herein before stated he claims a pension - And the said deponent further deposes and says that he is poor, has no property for his support, has a wife now aged sixty years of age, to support, and that they both depend on her exertions for the means of support & maintenance.
That there is no clergyman living in the neighborhood of him the said deponent and that he cannot therefore procure the certificate of a clergyman as required by the regulations of the War Department.
To the Interrogatories required by the Regulations of the War Department, to be propounded by the Court to him, the said Ebenezer Wilmarth junior

answers as follows. To wit; To the first interrogatory he answers, That he was born at the town of Attleborough in the State of Massachusetts in the year 1766. the 6 th July.
To the second interrogatory, he answers, That he has no record of his age - he has been informed that his name and birth were recorded in the town Book at Attleborough aforesaid, but whether it is so, or not, he does not know.
To the 3 d . Interrogatory, he answers, That when he was called into service, he lived at Attleborough aforesaid - Since the Revolutionary war he has lived at the Lime Kilns in Smithfield in the State of Rhode Island - at Groyden in the State of New Hampshire - in the towns of Lyndon and Ira in the State of Vermont, in Wolcott Wayne County & State of New York; in Oragerville Genesee county and in Lyons Wayne County, State last mentioned and that he now lives in Lyons. Wayne County & State last mentioned.
To the fourth interrogatory, he answers, That the first term of service, he volunteered, and the second, he was hired and went as a substitute, as herein before particularly specified.
To the fifth interrogatory, he answers, that he cannot state the names of any of the regular officers, who were with the troops where he served, and he does not recollect any continental or Militia Regiments, except that there were about two regiments of troops, he believes, at West Point, when he was there but whether they were regular troops, or others, he cannot state - and that he has herein before stated the general circumstances of his services, as far as impaired memory will permit him to do
To the sixth interrogatory, he answers - That he did receive a written discharge from Service at the expira-

tion of his first term of service herein before stated, from Col. Patten & signed by him - that the said Discharge has been worn to pieces and lost by him -
To the seventh interrogatory, he answers & states the names of the following persons, Viz: John Wurts, Christopher Pope, Ebenezer Pierce, Robert Hrie, William B. Frars, Samuel Botsford, Charles Tindall, John Parks, Reuben Frars & Jonathan Clark, to whom he is known in his present neighborhood, and who can testify as to his character for veracity and their belief of his services as a soldier of the revolution.
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 or territory.
All words italicized 4 th page "wanted" - 5 th page "than" & "fractured and" & "for" & 7 th page "Roll" before signing
Sworn and subscribed the day and year aforesaid in open Court.
Cullen Foster Clerk
his Ebenezer X Wilmarth Jr. mark
We, Samuel Botsford residing in the town of Lyons in the County of Wayne and State of New York, and Robert Hrie residing in the town of Lyons in the County and State aforesaid, do hereby certify that we are well acquainted with Ebenezer Wilmarth Jr., who has subscribed and sworn to the above declaration; that we believe him to be sixty six 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; and that there is no clergyman residing in the neighborhood of the said Ebenezer Wilmarth Jr. to our

knowledge or belief, whom he can obtain to testify to or make a certificate of the import of this our certifi- cate
Samuel Botsford
Sworn and subscribed, the day and year aforesaid In open Court Gullen Foster Clerk
Robert Hule
And the said Court do hereby declare their Opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Depart- ment, 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 Samuel Botsford who has signed the pre- ceding Certificate, is a resident in the town of Lyons in the County of Wayne and State of New York, and that Robert Hule, who has also signed the same is a resident in the town of Lyons in the County and State aforesaid, and that they are both credible persons and that their statement is entitled to credit
I Gullen Foster Clerk of the Court of Common Pleas of said County of Wayne do hereby certify that the foregoing contains the original proceedings in the matter of the application of Ebenezer Wilmart for a Pension - In testimony whereof I have hereunto set my hand and seal of Office this sixth day of June 1833.
Gullen Foster
26. 249. north fr.
N.Y.

11646
P. O. Ebenezer Willmouth Service: _____
Enlisted: _____, 18 .
REJECTED
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

New York, } ss. } Office.
I Certify that William Gardner before whom the annexed instrument in Writing was proved or acknowledged, was at the time of taking the same, a County Judge in and for said County, duly authorized to take the same; And that I am well acquainted with his hand writing, and verily believe the signature to said certificate is genuine, and that the annexed Instrument is executed according to the laws of this State.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my official seal at Lockport, in said County, this 20 day of July 18 49 Frederick Gage Clerk of Niagara County.

State of New York, Clerk's Office.
} ss.
I Certify that Anthony McKee before whom the annexed instrument in Writing was proved or acknowledged, was at the time of taking the same, a Justice of the Peace in and for said County, duly authorized to take the same; And that I am well acquainted with his hand writing, and verily believe the signature to said certificate is genuine, and that the annexed Instrument is executed according to the laws of this State.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my official seal at Lockport, in said County, this 20 th day of July 18 49
George W. Sage
Clerk of Niagara County.

Ebenezer Willmarth born '66.
81. Col Patten - bap Brown believes; R.I. 8 mo. Then enlisted for 3 years, or a clap. no officers named - joined the company near Boston - no other troops marched to West Point ser- ved 4 mo was furloughed till called for - it was never called for.

Ebenezer Wilmarth Jr.
Says he volunteered for 8. months in the latter part of June 1781. Capt. Brown. in Col. Patten's Regt. Certificate of Sec. of State of Mass. shows that Ebenezer Wilmarth of Attleborough served in Middlesex Co. from Aug. 6. to Dec. 1. 1780. No rolls of Capt. Brown. Col. Patten's Regt. after 1780.

Hickory Corners May Co NY Feb. 22. "49
J L Edwards Esq Comm. of Pensions
Sir
Enclosed is the application of Ebenezer Wilmarth, He was not able to attend court, and you will see by the Judge's certificate that he cannot leave his office P Pomeroy

Hon J. L. Edwards
Or Sir
I beg leave to say that I am agent or attorney for Ebenezer Willmuth who made application for a pension under the law of 1832 from Niagara Co. I beg leave to inclose the Secretary of State's certificate of the revolutionary services of Ebenezer Willmuth, if it refers to the applicant in this case I beg leave to ask respectfully if the proof on file with his papers, & the enclosed paper will not fully establish his case & entitle him to a pension
I am Respectfully your Ob d Serv t Abra m Loy

Pittsburgh June 19 th 1849.
Hon Sir.
Herewith I return a communication received from you this morning. improperly directed; I am not the individual who reported to you the case of Eliza th Wilmouth, and am not aware that any other person of my name resides here, or of the name of Owen who is engaged in prosecuting claims.
Your letter must have received a wrong direction. & perhaps one designed for me likewise.
I received a letter from you per mail yesterday, certificates, in the cases of Phoebe Kirby & Elizabeth Johns.
I am awaiting reports, on the cases of South, Hall, Patterson, Woods, & c.
Very Respectfully Yours
Morris Owen
Hon J. L. Edwards Commission of Pensions Washington D. C.

Commonwealth of Massachusetts.
No. 55.
Secretary's Office, April 1814.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Ebenezer Wilmarth is found upon a pay roll of Ebenezer Duffer as a private from Waltham from Aug 1 to Dec 1 1780.
There are no rolls of Capt Brand , Col Patten , after 1780 in this Office.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Parris. Secretary of the Commonwealth.

Application for Certificate of Revolutionary Services by Ebenezer Wilmarth
State of New York, County of Niagara Town of Newfane
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office of my Services in the Revolutionary War
I enlisted in the year 1782 from the town of Attlebury in the State of Massachusetts in the Company of Capt. Brown in Col. Patten's Regiment and served as a private for eight months. I served my time on Rhode Island at Putts Hill fort. I am now seventy seven years old.
I have empowered Abraham Goyen of Onondaga County New York to act in the premises as my attorney.
Witness my hand this 11 th day of March A.D. 1844
Signed in my presence by said Ebenezer Wilmarth Nathaniel M c Rae Justice of the Peace
Intended for Eben r Wilmarth

Nov 19
Mr. - Attendance from the New Bank
J. L. Edwards Esq
Consumption of Pensions

Mr. Edwards
The enclosed is for one of the Judges of Wayne County (NY). Can any thing be done for the old soldiers
Yours respectfully
M.W.B.
Nov 19 th 35
To Mr. Edwards

State of New York
Wayne County ss; Ebenezer Wilmarth Junior of Lyons in said County being duly sworn, deposeth and saith, that he is an applicant, under the act of Congress of June 7. 1832, for a Pension, for services rendered the United States, during the Revolutionary war, and has made two declarations, both of which have been sent to, and still remain at, the War office at Washington as he is informed by his agent William Sisson - that his said agent, in the month of November last past received from J. L. Edwards, Commissioner of Pensions, a letter of which the following is a copy.
War Department
Pension Office
October 31. 1833
Sir
The papers relating to the claim of Ebenezer Wilmarth Jr. have again been examined. By applying to E. D. Bangs Esq. Secretary of the State of Massachusetts, in whose possession are rolls of the Militia of that State, proof of the services of Mr. Wilmarth may be obtained.
The case is suspended, in order that he may produce Mr. Bangs' certificate
I am respectfully
Your Obet. servt
J. L. Edwards
William Sisson Esq.
Lyons, N.Y.
That in pursuance of said letter this deponent's said agent, wrote to E. D. Bangs Secretary of the State of Massachusetts and received from him a printed Circular or letter, in answer, dated December 3 rd 1833 which is herewith annexed. That his said agent has received from Homer & White, the persons referred to

in the letter of Mr. Secretary Bangs, a letter which is also herunto annexed, on a part of the sheet of paper on which said letter is, in a certificate of Mr. Secretary Bangs, dated the 11 th February 1834, which with the said letter, is also herunto annexed - and further saith not
Sworn and subscribed this 20 th day of February 1834 before me. And I certify that I am well acquainted with the deponent and that he is a credible witness & sustains a fair reputation for truth & veracity
Ebenezer D. Bassett
William Sisson First Judge of Wayne County
State of New York
Wayne County ss; I Gullen Foster clerk of said County do certify that William Sisson before whom the above foregoing affidavit purports to have been sworn, was at the date of the same First Judge of the said County of Wayne, and that I am acquainted with his hand writing and verily believe his name above subscribed to the said affidavit is his proper hand writing and signature.
In testimony whereof I have herunto set my hand and affixed the seal of said County at Lyons this twenty first day of February 1834.
Gullen Foster Clerk

Commonwealth of Massachusetts.
SECRETARY'S OFFICE, December 3 d 1833.
SIR,
I HAVE received your letter requesting me to examine the rolls in this office for evidence of the services of
Ebenezer Wilmarth Jun.
in the Revolutionary War. Thousands of similar applications have been made; and they are daily presented in such numbers, that it is impossible for me or my clerks personally to attend to them, without neglecting the usual business of the office. I therefore found it necessary to establish a rule (of which public notice was given) requiring that examinations should be made by the applicants themselves, or their friends or agents. They are allowed free access to the rolls and records, and every facility in my power to afford. If they discover any evidence of the services claimed, they are furnished with blanks for the purpose of preparing certificates for my signature. These certificates are compared by me or one of the clerks with the rolls pointed out to us, and, if true, they are signed by me. This is cheerfully done without any charge. Nothing has ever been asked or received for these services by any one connected with the office. I believe this is all that can be reasonably required of me; and all that can be done without neglecting my incumbent duties.
There are two gentlemen (Messrs. HOMER and WHITE) who, for some time past have been constantly employed in assisting the old soldiers, and who expect a trifling remuneration for their trouble in making the search and preparing the necessary certificate. As, for the reasons already stated, I cannot myself attend to the case stated by you, I shall place it in the hands of these gentlemen for investigation, and request them to communicate to you the result.
The rolls in this office, though numerous, are very defective, irregular, and incomplete, a fact of which the War Department at Washington is well informed. It is therefore always uncertain whether the services claimed, although they may have been faithfully rendered, can be proved by our records. In a majority of cases, a part only of the service can be shown from the existing rolls. Whatever evidence can be discovered, will be furnished to you at a small charge by the gentlemen whom I have mentioned.
I am, respectfully, your obedient servant,
Edward D. Bangs Secy
William Lissom Esq

12
William Lison Esq. Lyons, Wayne Co New York
21

(Postmark: BOSTON, MASS. JUN 18 1848) (Signature: A. [?]) William Lison Esq. Lyons Wayne County N.Y.

ce- a. the ce u. ay
We have not been able to find any evidence of E.H. services and have sent you (as we have in many cases to others) a Blank Certificate, which we hope will be of service in obtaining a pension for your Applicant.
Yours Respectfully
Ebenezer Harker
Henry White

State of New York County of Niagara
By request in behalf of the applicant above named I do hereby certify that I am the only judge or justice of a court of record residing in said County and that owing to other duties I was compelled to decline an application in behalf of said applicant to go to his residence to take his qualification.
I am well acquainted with Daniel Van Horne late having been a judge of the courts of said County and with Stephen Thomas living in the preceding paper named, and that they are both men of integrity and entitled to full credit as such.
Given under my hand at Lockport in said County this 20th of February 1849
H. Gardner County Judge
(Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.)

We Daniel Van Hoone late Judge of the county of Niagara Samuel Johnson Robert Fleece and Thomas Ewing, a minister of the Gospel residing in the town of New Fane hereby certify that we are well acquainted with Ebenezer Wilmarth of New Fane who has subscribed and sworn to the fore- going declaration that we believe him to be 84 years of age that he is reputed and believed in the neigh- borhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion.
Sworn to and subscribed
Thomas Ewing Daniel Van Hoone
This 17 th day of Feb 1849
Samuel Johnson
Anthony McKee Justice of the Peace
Robert Fleece
I Anthony McKee the said Justice do hereby declare that it is my opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant was a Rev- olutionary Soldier and served as he states And I further certify that it appears to me and I also know it to be so that Thomas Ewing who has signed the preceding certificate is a Clergyman resi- dent of the town of Newfane and that Daniel Van Hoone Samuel Johnson & Robert Fleece who have signed the same are residents of the town of Newfane and are creditable persons and their statement is entitled to credit
Anthony McKee Justice of the Peace
(By reason of infirmity and old age the declarant is not able to leave his room and attend court)
Anthony McKee Justice of the Peace
Mr. Wilmarth is not positive as to the year of his birth but thinks it was 1765, 6 or 7 - (his wife thinks - 1767) He is positive that his birth day was the 6 th of July & that he volunteered two days before he was 15 years old - or he started for R.I. two days before he was 15 he remained at Attleborough a day or two (for the company to get ready) after he volunteered before he marched to next leaf

Niagara County } State of NY } On this 17 th day of February 1849 personally appeared before me Anthony McRae a Justice of the peace in and for said county Ebenezer Wilmarth aged Eighty four 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 1832
That he entered the service of the United States under the following named Officers and served as herein stated.
Col. Patten commanded the Regt and Capt Capt Brown the company. I volunteered in the month of July in the town of Attleborough in the year 1782, or and was discharged in the month of March in 1783 or after that in the month of March or April I took the place of Boston and staid as a substitute marched to Taunton about a month then went to pass muston then marched to or near West Point remained there 8 months and was then discharged - again I was in one battle in Rhode Island in which we took between 3 & 400 Prisoners. The British I have no documentary evidence and I know of no person whose testimony I can procure who can tes- tify to my service - I had a discharge from Col. Patten but I have lost it
I hereby relinquish every claim whatever to a pen- sion or annuity except the present and declare that my name is not on the Pension roll of the Agency of any State.
Sworn to and Subscribed Ebenezer Wilmarth mark The day & year aforesaid
Anthony McRae Justice of the Peace

Marched to Butts hill fort in Rhode Island, stood there 8 months - was then discharged by Col Patten

until - until called for, but was not called for and Ponies come off of lines to take beef cattle took them

Niagara County } State of NY } On this 17 th day of February 1849 personally appeared before me Anthony M c Ree a Justice of the peace in and for said county Ebenezer Wilmarth aged Eighty four 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 1832
That he entered the service of the United States under the following named Officers and served as herein stated.
Col. Patten commanded the Regt and Capt Capt Brown the company. I volunteered in the month of July in the town of Attleborough in the year 1782, or and was discharged in the month of March in 1783 or after that in the month of March or April I took the place of
Boston and staid as a substitute about a month, then went to Taunton to pass muster then marched to or near West Point remained there 8 months and was then discharged - again I was in one battle in Rhode Island in which we took between 3 & 400 Prisoners, The British I have no documentary evidence and I know of no person whose testimony I can procure who can tes- tify to my service - I had a discharge from Col. Patten but I have lost it
I hereby relinquish every claim whatever to a pen- sion or annuity except the present and declare that my name is not on the Pension roll of the Agency of any State
Sworn to and Subscribed Ebenezer Wilmarth The day & year aforesaid Anthony M c Ree Justice of the Peace

Questions proposed to and answered by
1. Ebenezer Wilmarth Feb 17 1849
Where and in what year were you born.
Ans. Attleborough Mass. in 1865. 6 or 7. 6 th day of July
2 Have you any record of your age & if so where is it Ans. none only one town book in Attleborough Mass
3 Where were you living when called into service Attleborough Mass
Where have you lived since the Revolution In N Hampshire town of Croyden. Linden Vt. for the last 31 years in the State of NY Where do you now live. Newfane
How were you called into service. were you drafted did you volunteer or were you a substitute and if a substitute for whom? -
I volunteered the 1 st time - second time I was a substitute for one and hired by a mess
Give the names of as many as you can recollect & a general history of your service when stationed and where you marched and battles if any
Ans Col. Charles Patten of Roxbury - Capt Brown commanded the company - can recollect no more officers. - James Cobb. Robt Follet
George Wardle. Israel Bates were privates in the same company - marched from Attleborough to Butts hill fort in Rhode Island. staid there 8 months was then discharged - and went home to Attle borough staid but a few days, when I was hired by what was called a mess who were to furnish one man - went to Taunton to pass muster. They marched to Boston staid about a month, then near to West Point staid 3 weeks

Did you ever receive a discharge - if so by whom was it given - I recd a discharge from Col Patten but I have lost it
Did you ever receive a commission - if so what has become of it No
When did you enter the service In the month of July 1782 or 3
When were you discharged - In March 1783 or 4
Were you in the service more than once - Yes
How long did you serve in all - some year
Who was your Capt and other officers. Capt Brown Col Patten
State the names, of whom you are acquainted in the neighborhood
Judge Daniel Van Horne. Elder Ewing. Phineas Hawley Enoch Stahl Henry Bours and many others

Winston, & your very agent
Elmer B. Wright 11/7/82.

Ebenezer Wilmarth
11/7/82.
21.
Wm Sisson, Lyons N.Y. Agent

State of New York County of Wayne } ss; On the third day of October in the year of our Lord One thousand eight hundred and thirty two, personally appeared in Open Court, before the Judges of the Court of Common Pleas of the County of Wayne, now sitting, Ebenezer Wilmarth Ju- nior, a resident in the town of Lyons in the County of Wayne and State of New York, aged sixty six 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 in the year 1781, the latter part of the month of June, he believes, at the town of Attlebo- rough in the State of Massachusetts, he volunteered to serve for eight months in the Militia, or troops called out of the Militia for service, and served the whole term, under a Captain of the town of Rhe- hobath, Massachusetts whose name he believes, was Brown, but is not positive, in a regiment com- manded by Col. Patten, whose given name he does not recollect, he believes the Colonel was from the town of Roxbury in Massachusetts, near Boston, - he was sent to Butts Hill Fort in Rhode Island, where served the time out, and was discharged at the Fort by Col. Patten in writing, the discharge has been worn out, and destroyed - Butts Hill Fort was about twenty miles from Attleborough. he was a few days less than fifteen years of age when he volun- teered as before stated -
That at the expiration of the above term of eight months service, he started from Butts Hill Fort, to go home to Attleborough, and when he arrived

at the town of Rehoboth in Massachusetts the town adjoining Attleborough, he came across a man from Attleborough who wanted to hire a man to go for a class to which he belonged in the militia and which class was required to furnish a man to serve for three years, the militia having been before divided into classes and each required to furnish a certain number of men to serve for the term of three years and that he the said Ebenezer Wilmarth junior then agreed to go into the service for the said term of three years, as a substitute for the man required from the said class and that he did in pursuance of the agreement so made, go into the service as a substitute for the person required from the said class, and he was accepted as such - he does not recollect the name of the person who hired him for the class, but he went with him to Taunton, and was there accepted for the said class - the man who had hired him as aforesaid gave him directions to go to Boston where to find the company with whom he was to serve - that he went from Taunton to Attleborough and in two or three days thereafter he went to Boston, and joined the company according to the written directions he had received from the man who hired him - he staid six weeks at Boston in service with the other troops - but he does not now recollect the name of the Captain under whom he served nor any of the officers that were then there, and there were no other troops except the company to which he belonged then at that place - He & the company to which he belonged, marched from Boston to West Point in the state of New York - that he staid at there some time, but cannot recollect how long

and was sent home on a Furlough and it was expected that there would be peace and that he would not be further wanted in service, and was told if he was wanted again in service he would be called for and that he need not return to service unless called for, and he was not called for and did not again go into the service - that from the time he was hired and accepted for the man required by the Claps & sent to Boston, to the time he arrived home on said Furlough was four months at least. There were some regular troops and he thinks about two regiments, then at West Point, but he was young and has forgotten the names of the officers.
That during the times he served as before herein stated he served as a private. That he has no documentary evidence to prove his services or any of them and that he knows of no person, whose testimony he can procure, who can testify to his services herein before stated or to any of them.
To the Interrogatories required by the Regulations of the War Department, to be propounded by the court to him, the said Ebenezer Wilmarth answers as follows. To wit: To the first Interrogatory, he answers. That he was born at Attleborough in the State of Massachusetts, in the year 1766: July 6 th . To the second Interrogatory, he answers. That he has no record of his age - he has been informed that his age is recorded in the town Book at Attleborough, but whether it is so, or not, he does not know.
To the third Interrogatory, he answers. That when he was called into service, he lived at Attleborough aforesaid - Since the Revolutionary war has lived

at the Simsbury in Smithfield in the State of Rhode Island. at Groton in the State of New Hampshire; in the towns of Lyndon and Ira in the State of Vermont. in Wolcott, Wayne County in the State of New York, in Orangeville, Genesee County State of New York, and in Lyons, Wayne County, State last aforesaid, and that he now lives in Lyons County of Wayne and State aforesaid.
To the fourth interrogatory, he answers, That the first time he volunteered, and the second he was hired as a substitute to go for a class, or in place of one required to be furnished by a class, as herein before stated. To the fifth interrogatory, he answers, That he cannot state the names of any of the regular officers who were with the Troops where he served, and does not recollect any continental or militia regiments stationed where he served and he has stated the general circumstances of his services, herein before, as far as now recollected.
To the sixth interrogatory, he answers that he did receive a written discharge from the right Mountain Service, given by Col Patten - that said discharge has been worn out and lost by him.
To Seventh interrogatory , he answers and states the names of the following persons, viz: John Wurts, Christopher Pope, Ebenezer Pierce, Robert Hule, William B. Sears, Samuel Botsford, Charles Tindall, John Parks, Reuben Sears & Jonathan Clark, to whom he is known in his present neighborhood and who can testify as to his character for veracity and their belief of his services as a soldier of the revolution.
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 or territory. his Sworn to and subscribed } Ebenezer mark Wilmarth Jr. the day and year aforesaid } In open Court John S. Cuyler Clerk
We, Samuel Botsford residing in the town of Lyons in the County of Wayne and State of New York, and Robert Huie residing in the town of Lyons in the County and State aforesaid, do hereby certify, that we are well acquainted with Ebenezer Wilmarth Jr. who has subscribed and sworn to the above declara- tion; that we believe him to be sixty six years of age; that he is reputed in the neighborhood where he lives and believed to have been a soldier of the Revolution, and that we concur in that opinion. Robert Huie Sworn, and subscribed, the } Samuel Botsford day and year aforesaid } In open Court John S. Cuyler Clerk
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 sol- dier, and served as he states. And the Court further certifies that it appears to them, that Samuel Botsford who has signed the preceding certificate is a resident of the town of Lyons in the County of Wayne and State of New York, and that Robert Huie who has also signed the same is a resident of the town of Lyons County of Wayne and State aforesaid, and that they are both credible persons, and that their statement is entitled to credit.
J John S. Cuyler Clerk of the court of Com-

mon pleas in & for the County of Wayne and State of New York do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Wilmarth Junior for a pension
In testimony whereof. I have hereunto set my hand and seal of Office this Third day of October in the year of our Lord One Thousand Eight Hundred and Thirty Two
John L. Gaylor Clerk

J. L. Edwards Esq.
Sir, I have rec d your letter requesting me to send on to you the first set of Papers made by Eb r Wilmouth, for a Pension with which I cheerfully comply by sending them herein inclosed - I did not suppose they would be wanted - or I should have sent them before. In my first letter I stated him to be a cripple by Rheumatism -
I beg leave to refer you particularly to my letter of June 7. 1833 inclosing the second set of papers and to those papers also - I made the second set for the purpose of accounting for not having a Clergyman's certificate, & to state his unfortunate situation &c. - I do hope he may be found entitled to a Pension & that his case will be attended to immediately - I believe him to be an honest man. Please to give immediate attention to this case -
and oblige yr.
Ob. Serv t Wm. Sisson
Yours N.Y. Sept. 26. 1833

To gentlemen in authority & to all & every one to whom this may concern Greeting, —
This may certify that we have been acquainted with Ebenezer Wilmett for a number of years & have found him to be a honest upright man, having his moral & Christian Character Standing fair in the world, we also consider him as a revolutioner worthy the attention of our government, if his services has been any thing in the defence of our Country, I do present a ripple which is very evident from appearance, he has no means for his support, taking these things into consideration we think he is entitled to a pension, let this suffice as ceremony from us &c.
John Harts
Richd. Pierce Robert Hurd
Wm B Sears Lemuel Botsford Charles Tindall
John Park, Reuben Sears, Jonathan Clark
I certify that I am acquainted with the whose names persons appear to the above certificate that they are respectable fairmen & their statement en- titled to full credit, that they all, & esp'l Eben r Pierce reside in the neighbor- hood of Ebenezer Wilmett (applicant for a Pension) & that I have formerly said — that I am acquainted with the handwriting of all of them (except Wm B s , Frank & Reuben Sears) and believe the names above subscribed to be their hand writings respectively Dated Lyons Feb y . 21. 1834
Wm Sison

J. L. Edmonds Esq
Sir, I send you herein enclosed, Ebenezer Wilmarth Junr. affidavit, respecting his application for a Pension under the act of Congress of June 7. 1832, to which is attached a letter, and certificate from E. D. Bangs Secretary of the State of Massachusetts. The letter states, "that the rolls are very defective, irregular, & incomplete " & that it is " always uncertain whether the services claimed, although they may have been rendered, can be proved by our records !" - The certificate shows that the rolls of Capt. Brown's Company in Col. Patten's Regt. in '781, are not found in the Secretary's office - It cannot, therefore, be expected, he shall prove the his services from that source, & the not finding the rolls, does not, I apprehend, militate against the claim of the applicant. He knows of no proof of any of his services, but I hope, nevertheless, you will not disbelieve his oath as contained in his declaration, but will consider him entitled to the bounties of the government. I beg leave to refer you to strong reasons in his favor, respecting his situation & necessities (& which, so far as his present situation & necessities, are stated, I know to be true) contained in his second declaration . I do not pretend that his poverty, or his bodily situation, alone, entitle him to a favorable notice; but the facts stated, furnish reasons why he cannot be expected to be so particular as might be expected, under other circumstances - the main fact to be established, is the performance of the services, and in this he would be less likely to be mistaken, than he would in detailing the circumstances, stating the periods of service, names of officers &c. I sincerely hope, & trust, that his claim will receive a favorable & speedy decision
With respect
your Oth. Servt
Wm. Sisson
Syracuse, N.Y. February 21. 1834
I send enclosed also, a certificate of Mr. W's neighbors, which was into my hands, before we made application for a Pension