Revolutionary War Pension and Bounty Land Warrant Application File S. 14709, Elisha Towne, Mass.

SERVICE
NUMBER
Mass
Towne Elisha
S14709
banded
CONTENTS

4662
New Hampshire
Elisha Towne
Alstead in the State of N H who was a Private in the company commanded by Captain  of the  commanded by Col  in the  line for 10 May 12 Days.
Mass. Line.
Records corrected Feb 5/43.
Inscribed on the Roll of N H at the rate of 34 Dollars 65 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 th day of May 1833 and sent to St. Hubbard St. of Resp.
  Arrears to 4th of Sept 1832  $51.97    Semi-ant. allowance ending 21 March 33  17.32     $68.29  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H McBlain Clerk. Book D Vol. 1 st Page 188.

Olsha Towne
Nov 893-
of Noah
10 mo & 12 days
Has not complied with the requests contained in the 5 & 13 interrogatories con- tained in the brief -
Nov 7 1832
John
$34.65
With H. Hubbard
H.R.
J. H. Edwards Stearns N.H.

BRIEF in the case of  Elisha Towne  of  Abstea  in the State of  N.Y.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Cont  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 Years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Aug In 17 98 about 2 10 Private Gen. (Col) Burbanke   Apr 79 3 " " (Col) Pratt   June & July 80 " 6 " " Col Towne (Col Smith)  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? St. John Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditionary evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
A. D. Addison Examining Clerk.

9893 Declaration of Elisha Towns of Hothead Cheshire Co. W.H.

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, COUNTY OF CHESHIRE.
On this sixteenth day of August 1832 personally appeared in open Court. Before the Hon Aaron Matson Judge of probate for said County of Cheshire
now sitting, Elisha Towne a resident of Atstead in the county of Cheshire and State of New Hampshire aged 69 years last Dec 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 7th, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
1 st In 1778 In January volunteered for 3 months Capt Abijah Bimbarker L t Col l Col l Regiment of Artillery, the Col l moved from Oxford to South Berwick Island since guarding the shores after about 10 weeks was mustered out of the service not being of sufficient age to return home never joined the Reg t
2 nd In 1779 In April he likewise volunteered for 3 months Capt Boath Comp y was stationed at Hulland's Gap in a Capt l Guard to guard the prisoners taken with Burgoyne was attached to no Regiment & discharged there at the expiration of my term of 3 months
3 rd In 1780. Thence in July volunteered for 8 months in Capt John Fowler's Col l Col l Continental Line - marched from Oxford to Springfield & then to Westport and joined the Continental Officers marched from Robinson Farms into New Jersey to Orangetown where a force under Clinton called Tatenwaybridge & there some time there returned to Orangetown where Thence when the Barracks there discharged there when my term of service was out in December - was home in Oxford when called into the service, and has since at Oxford was living at Oxford when called into the service, and has since said Atstead was at volunteer every time - recollects no officer except for the last time, and has lost that - Rev. Jeremiah Hight will testify as to my character for veracity and belief of why as He hereby relinquishes every claim whatever to a pension or an annuity, except the present,
and he declares that his name is not on the Pension Roll of the Agency of any State.
Elisha Towne
Sworn to and subscribed the day and year aforesaid.
before me Aaron Matson Judge of Probate

State of New Hampshire } Personally appeared Cheshire County ss. } before me Elijah Bingham a Justice of the Peace within and for said County, Elisha Towne, who being duly sworn, deposeth and saith, that he is the same Elisha Towne who has subscribed and sworn to the within declaration, 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 period mentioned below, and in the following grades: for nine months and six weeks, I served as a private, and for such service, I claim a pension: the said Towne further deposeth & saith, that he knows of no person now living witness to any of his service except Elijah Burbank, whose testimony he has procured. — Elisha Towne
Sworn to and Subscribed the fourth day of January A. D. 1833.
Elijah Bingham Jus. Peace.
Cheshire Jan'y 11. 1832
I Salma Hale Clerk of the Superior Court of Indictments for said County certify that Elijah Bingham is a Justice of the Peace in and for sd County. And I believe that the foregoing official signature is his In testimony whereof I hereunto affix the Seal of said Court S. Hale, Clerk

We, Jeremiah Higue a Clergyman and Luther Newton both of Athead aforesaid —
hereby certify, that we are well acquainted with Elisha Towns who has subscribed and sworn to the above declaration; that we believe him to be sixty nine 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.
Jeremiah Higue. Luther Newton
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 certi- fies, that it appears to them that Jeremiah Higue who has signed the proceeding certificate is a Clergyman resident in the town of Athead aforesaid and that Luther Newton who has also signed the same is a resident in Athead aforesaid and is a credible person and that their statement is entitled to credibility. Aaron Watson Judge of Probate I, Asa Parker Register of the Court of Probate for said County of Cheshire do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Elisha Towns for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this sixteenth day of August A.D. 1832 —
Asa Parker } Register of said } Court of Probate
The year 1762 — has a record of his age in his Bible, & there is one. lived in Worcester & Scituate Mass and Athead N.H. and now live at except those stated above — Never saw any written discharge and Luther Newton both of said Athead, live near me and was a soldier of the Revolution —

I, Elijah Burbank, of Worcester, county of Worcester, I, Commissioner of the Mass- achusetts, on oath declare, that I am well acquainted with Elisha Towne, of Alstead, New Hampshire, formerly of Oxford & Wor- cester, Mass. and that I served with him a term of six weeks in the Revolutionary War, in the company commanded by my father, Capt Abijah Burbank, Lieut. Elias Pratt. I Samuel Prentiss, Regt of Col. Sprout. The service was performed in the latter part of 1778, in Rhode Island; we were at first stationed at Providence, thence we marched to South Kingston, oppo- site Newport. Said Towne & myself were waiters to the officers, being both too young to bear arms. We were dismissed at South Kingston, & returned together, Towne then living at Oxford.
I further testify that said Towne was within my knowledge drafted for six months in 1780, & served out that term on North River. I was drafted about the same time, & also served on North River, though not in the same company

with him. Being well acquainted with him at that time, I am perfectly satisfied from my own knowledge, that he performed the service of six months, for which he was drafted.
Elijah Burbank
Worster ss. Dec. 20, 1832. Personally appeared the abovenamed Elijah Burbank, & made oath that the foregoing statement, submitted by him, is true. And further certify that said Burbank is a credible person, & that his statement is entitled to full credit. George Folsom, Justice Peace.
Commonwealth of Massachusetts
Theophilus Wheeler Register of the Probate Court being a Court of Record in the County of Worcester, do hereby certify that George Folsom Esq. before whom the above affidavit was made, is a Justice of the Peace in & for the County of Worcester, duly commissioned therefor; and that his name thereunto subscribed, is his true & proper signature.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Probate Court this 25 th day of December in the year of our Lord eighteen hundred & thirty two. Theoph s . Wheeler Reg d of said Court

Elisha Towne
Nov 9 893
H. Hubbard
of H. of L.
Full Edwards
Stearns N.Y.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Elisha Towne 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 X X 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 ? no - VI. Has he given the names of the officers under whom he served, in conformity with the regulations ? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832 ? VIII. Has the Court given their opinion ? IX. Has the Clerk given his certificate ? X. Is the Clerk's seal affixed ? And if so, has it a device or inscription by which it can be distinguished from any other seal ?
# look over

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? No XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? Yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
 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 the 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.
†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 affidavits must be properly authenticated, as above directed.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.

Reopen
14709 INVALID.
File No. 14709
Elisha Lown
Prin. Br. war
Act: June 7 th 1852
Index:—Vol. 1 , Page 377
[Arrangement of 1870.]