Revolutionary War Pension and Bounty Land Warrant Application File S. 30,186, Ebenezer Warner, Mass.

SERVICE
Mass.
Warner, Ebenezer
NUMBER
S 30.186
CONTENTS

8084.
Massachusetts
Ebenezer Warner
of Harvard in the State of Mass who was a Pirate in the company commanded by Captain Davis of the Graft by Capt. Whitecomb in the Ipswich line for 9 Mos 29 Ds
M c G ra d
80 Pension
Inscribed on the Roll of Mass at the rate of 33 Dollars 22 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of Mar- 1833 and sent same Dana of Groton Present
Arrears to the 4th of Mar 1833 $66.24 Semi-ant. allowance ending 21 Sept " 16.81 $83.05
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H McBlain Clerk, Book 8 Vol. 20 th Page 90.

Commonwealth of Massachusetts.
Worcester ss. I Abijah Bigelow, Clerk of the Court of Common Pleas of said Commonwealth, for the County of Worcester, do hereby certify that the Hon. Solomon Strong, Esquire, is one of the Justices of said Court, and that his signature to the certificate by him made in the matter of the application of Ebenezer Warner, for a Pension, which is hereunto annexed, and also his certificate of the oath by him administered to Washington Gilbert and Levi Willard, are in his own proper hand writing. In testimony whereof I have hereunto set my hand, and affixed the Seal of said Court of Common Pleas, this fourth day of January, in the Year of our Lord one thousand, eight hundred and thirty three.
Abijah Bigelow, Clerk.

Commonwealth of Massachusetts.
Secretary's Office, Nov r 9 1832.
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 Warner is borne on a roll of Capt. Jonathan Dearie's company, in the regiment of Col. Asa Whitcomb, for the space of 8. months and 9 days from the 30 th April 1775— Again on a roll of the company of Capt. Hanapeh Sawyer in the regiment of Col. Josiah Whitney, in service at Rhode Island, for the space of one month, and fifteen days, from the 30 th July. 1778. Edward D Bangs, Secy
N. B. It is probably known to the department that the rolls of the 1 st C. me. regt, do not extend beyond the 1 st of August.

I Jacob Priest of Harvard in the County of Worces- ter and State of Massachusetts, aged seventy five years do depose & say, that I served in the war of the revolution. I further depose that I was a Minute man, in the town of Harvard and went to Concord fight. About the last of April 1775 - I enlisted for eight months, into the company of Capt. Jonathan DAVIS, in Col. Whitcomb's regiment, During all which time I call remember Ebenezer Warner, then, and now of the same Harvard We enlisted at the same time, and I daily saw him in service, being in the same company - Our company was stationed the greater part of the time, at fort No. 1. in Cambridge; I have often seen said Warner, and can testify that he served eight months at the commencement of the war. I served out my whole time of enlistment In presence of Sam d . Dana Jacob his Priest mark.
Commonwealth of Massachusetts. Worcester ss. December 19 th 1866
Personally appeared before me the Subscriber a Justice of the Peace, within and for Suffolk the Counties in said Commonwealth I am Present well known to me as a witness deserving full faith and entire credit and who subscribed the annexed Deposition
and made solemn Oath, that the same is just and true in all its particulars according to the best of his knowledge and belief.
Sami Dana

Jacob Priest for Gleason Warner
for a Return -
Commonwealth of Massachusetts.
Whereas I Abijah Bigelow, Clerk of the Judicial Courts, holden within and for the County of Worcester, do hereby certify, that I am well acquainted with the Hon. Samuel Dana, of Groton, in the County of Middlesex, that he is reputed to be, and I have no doubt is, a Justice of the Peace, throughout said Commonwealth, and that his signature to the within and annexed certificate of the oath of Jacob Priest, appears to me to be in his own proper hand writing.
In testimony whereof I have hereunto set my hand, and affixed the County Seal, this fourth day of January A. D. 1833.
Abijah Bigelow, Clerk.

I Jonathan Adams of Lunenburgh in the County of Worcester and State of Massachusetts, aged seventy three years, but formerly of Harvard in the same County, do depose and say that I served in the war of the revolution — I further testify that I was in the first eight months at Cambridge, my Captain was Jonathan Davis, in Col. S o Whitcomb's Regiment. I testify that Ebenezer Warner then and now of the aforesaid Harvard served with me in the same company under Col. Whitcomb. I often saw him in service, being in the same company and from the same town — We both served out our time of enlistment of eight months and returned to Harvard together —
Jon a Adams
Commonwealth of Massachusetts. Worcester ss. December 21 st 1802
Personally appeared before me the Subscriber a Justice of the Peace, within and for all the Counties in said Commonwealth Jonathan Adams who subscribed the annexed Deposition and is a credible witness
and made solemn Oath that the same is just and true in all its particulars, according to the best of his knowledge and belief.
Sam l Dana

Jon r . Adams for Ebenezer Warner
Jonathan Adams
Commonwealth of Massachusetts. Worcesters. I Abijah Bigelow, Clerk of the Judicial Courts, held within and for the County of Worcester, do certify, that I am well acquainted with the Hon. Samuel Dana, of Groton, in the County of Middlesex, that he is reputed to be, and I have no doubt is, a Justice of the Peace throughout said Commonwealth, and that his signature to the within and annexed certificate of the oath of Jonathan Adams appears to me to be in his own proper hand writing. In testimony whereof I have hereunto set my hand and affixed the County Seal, This fourth day of January A. D. 1833. Abijah Bigelow, Clerk.

Commonwealth of Massachusetts.
Worcester Middlesex , to wit,
At the Court of begun and holden at Worcester
within and for the County of Worcester day of October A. D. 1832.
on the ninth day of October 1832. On the application of Ebenezer Warner claiming to be a Soldier of the Revolution, the following Interrogatories were propounded to him by : by Solomon Strong, one of the Judges of the Court of Common Pleas, for the Commonwealth of Massachusetts, the following answers
given. 1. Where, and in what year were you born? Answer, In Haward in Mass. on the 2 d day of September AD 1782
2. Have you any record of your age, and where is it? Answer, I have no family record. and I do not know whether
my birth is recorded in the town Books, or not.
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live? Answer, In Haward Mass where I have generally lived. some sometimes I have lived out of that Town, last year of live there when I lived out of the town of Harvard I lived in Bolton Mass. Brookline N. Hampshire or Lancaster Mass. Marlborough Mass.
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute for whom? Answer, My services were all voluntary, and of my own accord
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 service? Answer, I saw Washington at Cambridge and I saw Genl. Parrott at the time of Bunkerhill battle, in which fought.
I did you ever receive any discharge from service? and I never received any written discharge from service
6. 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? Answer, Deacon Reuben Whitney Rev. George Fisher Capt. Aaron
Whitney Major Jerome Gardner and John Parkins all of Haward impression of Reuben Whitney Ebenezer Warner's mark of Ebenezer Warner

Commonwealth of Massachusetts.
Worcester County ss.
I, the subscriber, one of the judges of the Court of Common Pleas for the Commonwealth of Massachusetts, the same being a court of record, having a Clerk and seal, do hereby certify: that, on the ninth day of October, 1832, I proceeded to the Dwelling House of the within named Ebenezer Warner, in H. as same to take his examination for the purpose of procuring a pension. The said Ebenezer Warner by reason of age and bodily infirmity is unable to attend court. The said Ebenezer Warner from bodily infirmity was unable to write his name. I, at his desire, at his request, and in his presence wrote his name to the declaration and to the answers to the interrogatories, and the said Ebenezer Warner made solemn oath to the truth of the said declaration and answers to the interrogatories before me. All the alterations and interlineations as they now appear, were made before signing and before the oath was administered. And I do hereby declare 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 revolutionary soldier, and served as he states. And I do further certify that it appears to me, that Washington Gelbert, who has signed the preceding certificate, is a clergyman resident in said town of Harvard, and that Levi Willard, who has also signed the same is a resident in said town of Harvard, and is a respectable person, and that their statement is entitled to credit.
Solomon Strong Judge C. C. Pleas.
Declaration of Ebenezer Warner

Commonwealth of Massachusetts.
County of Worcester
ss.
On this ninth
day of October 1832
personally appeared in open Court before the Court of Common Pleas  Probate , now sitting at Worcester within and for the County of Worcester in the Commonwealth
before Solomon Strong one of the Judges of the Court of Common Pleas for the Commonwealth of Massachusetts aged seventy eight years
Cheney Waine of Hanover in the County of Norfolk Who being 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 7th 1832. That he entered the service of the United States, under the following names officers, and served as herein stated. That is to say
That before the War of the revolution he was a minute man in the Town of Hanover in the Company of Capt. Darius , and on the ninth of April A.D. 1775 he went to Concord light and pursued the Enemy to Cambridge, and soon after enlisted in the Company of Capt. John Darius of Hanover to serve for eight months his L d was John Meeds and his orderly Sergeant John Meeds . Company was in Col. Asa Whitcomb's Regiment and stationed near the river where he continued and did duty until he completed his term of eight months and was dismissed.
2 In the year A.D. 1776 he engaged to go to Dorchester for four months and enlisted in the Company of Capt. Manasseh Sawyer L d I was of Aben's Newton in Col. Nicholas Dyer's Reg t of Mass s forces, he repaired with his Company to Dorchester and the Company was then stationed and did duty, guarding the lines and fortifying at Dorchester and on Castle Island (now Fort Independence) until he completed his term of four months and was then dismissed.
From the time he left Hanover until his term of eight months, commenced he served fourteen days. I am not certain whether in the first period of service John Meeds was Lieutenant, or orderly Sergeant.
I have no documentary evidence of my service at either of the times mentioned.
He

He relinquishes every claim, whatever, to a pension or annuity, whatever except, the present, and declares that his name is not on the pension roll, of the agency of any State, Seven to and Eleven Wawers mark X Samuel Groton  Wawers
on pressure of Sam. Dana of Groton. W. We Washington Gilbert
Her signature mark X
Dearest Warner.
We Washington Gilman a Clergyman residing in the town of Starvick in the county of Worcester . Mass- and Levi Willard of said Starvick hereby certify that we are well acquainted with Ebenezer Warner who has subscribed and sworn to the above, and that we believe him to be 78 years of age, that he is reputed and believed in the neighborhood, where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid.
Washington Gilliam
Levi 1 Willard
And the said Court do hereby declare their opinion, that after the investigation of the matter, and 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 who has signed the preceding certificates is a Clergyman resident in the and is a credible person, and that their statement is entitled to credit.
Clerk of the Court of
I do hereby certify, that the foregoing contains, the original proceedings, of the said Court, in the matter of the application of _____ for a pension. _____ day of _____ 19____
In testimony whereof, I have hereunto set my hand and seal this _____ day of _____ in the year of our Lord one thousand Eight hundred and thirty
day of
Worcester Dec 14 th 1872.
On the ninth day of October 1832 personally appeared Washington Gilbert and Levi Willard the signers of the above certificate, and made solemn oath to the truth of the same, before me H. Judson C. C. Pleas.
and Reuben H. Noyes of Haver...

Ebenezer Warner
21.569
Private James D. Dyer Com'd
$33.22
Sam l Dana Esq. Proton Mass

BRIEF in the case of  Ebenezer Warner  of Harvard  in the State of Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? A Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy eight  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. 8. 14. private Col o Whitcomb Capt: Davis   1776. 1. 15 private Col o Dyer Capt: Sawyer   "From the time he left Harvard until his eight months service commenced, he served fourteen days."  
 5. In what battles was he engaged? None named  6. Where did he reside when he entered the service? In Harvard, Mass!  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? correctly authenticated — 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.
The Certificate of the Secretary of the Commonwealth of Massachusetts shows Ebenezer Warner is on the rolls of said Commonwealth —

Please to deed to Sam. Dana Esq. Groton Ms
Ebenezer Warner.
215-09

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Ebenezer Warner which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? The Judge has IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant'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? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 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 shewn 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.

30 186
Rev INVALID.
File No. 30 186
Ebenezer Warner
Pri Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 437
[Arrangement of 1870.]