Revolutionary War Pension and Bounty Land Warrant Application File S. 6267, Edward Trefry, Mass.

SERVICE
NUMBER
Mass
Trefry, Edward
S. 6267
buried
CONTENTS

15734 Massachusetts
Edward Treacy of Eller in the State of Massa who was a Private in the Company commanded by Captain Putnam of the Regt commanded by Col. Hutchinson in the Massa line for 8 months & 25 days
Cont.
Inscribed on the Roll of Massachusetts at the rate of 26 Dollars 45 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 22 d day of July 1833 and Ant. J. Prince W. Maclean  Massachusetts Arrears to the 14th of March 1833  $58.90 Semi-ant. allowance ending 14th  14.72 $73.62
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N.H. Goddard Clerk, Book 2 Vol. 2 d Page 84

State of Massachusetts
County of Essex S.S. Marblehead
On this 10 th Day of August A.D. 1832. Personally Appeared before me David Cummins esq r . a Judge of the Court of Common Pleas, and a Court of Record within and for said County of Essex Edward Inby of said Marblehead county and State aforesaid, Aged eighty 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 was a Soldier in the Revolutionary war, that on or about the first of July seventeen hundred and seventy five, he enlisted as a Soldier in Capt t Enoch Putmans Company of Militia at Danvers, Col o . Hutchinsons Regiment of Infantry, and that the Company marched to Cambridge and there joined the American Army under the Command of Gen l Washington and performed duty from time to time at Cambridge until some time the beginning of November following at which time the Regiment to which he belonged was ordered to Dorchester (near Boston) and on their arrival there was employed in building Redoubts on Dorchester Heights, and continued to do duty at Dorchester during the winter of seventeen hundred seventy five, and in the spring of seventeen hundred seventy six, and until the British forces evacuated Boston, and on the eighteenth day of March the Regiment to which he belonged with the other American troops under Gen l Washington marched into Boston and took Possession of the town, the next day after, your declarant was ordered to join a Detachment taken from the Army to embark on board a vessel furnished with cannon and munitions of war on an Expedition to Long Island below Boston, for the purpose of driving off one or more British Ships anchored near the Island; having executed their Orders they returned to their Regiment the following night, and continued to do duty from day to day until the latter part of said March at which time the Regiment was discharged: And that he has no Documentary evidence (excepting the affidavit of William Laskey, and that he knows of no person who can testify to his service, other than said Laskey, And he hereby relinquishes every claim 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.
his Edward Inby mark
Sworn and Subscribed, This day and year aforesaid

We Rev d John Bartlett a clergyman residing in the town of Marblehead and Benjamin Knight esq r . Residing in said Marblehead, hereby certify that We are well acquainted with Edward Trafton who has Subscribed and sworn to the foregoing declaration, that we believe him to be eighty years of age, that he is Reputed and believed in the Neighborhood where he resides, to have been a Soldier of the Revolution, and that we concur in that Opinion.
John Bartlett Sworn and Subscribed the day and year aforesaid Benjamin Knight D Cummins
And the said Judge doth hereby declare his Opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War department that the aforementioned Applicant was a Revolutionary Soldier, and served as he states, and the said Judge further certifies, that it appears to him that Rev d John Bartlett who has signed the preceding certificate is a clergyman resident in the town of Marblehead and that Benjamin Knight esq r who has also signed the same is a resident in the town of Marblehead, and is a Credible Person, and that their statement is entitled to credit and the said Judge further certifies, that the aforementioned Applicant is unable to appear in Court by reason of bodily infirmity.
David Cummins
Commonwealth of Massachusetts.
I John Prince Jun r . Clerk of the Court of Common Pleas being a Court of Record, within and for the County of Essex Do hereby certify, that the Hon. David Cummins esq r is a Judge of said Courts; and that the within signature is his genuine signature. and that John Prince of Marblehead is one of the Justices of the Peace, within and for the County of Essex, and that the signature annexed is his true signature.
In Testimony whereof, I have hereunto set my Hand, and affixed the Seal of said Court of Common Pleas, at Salem, this 13 th day of August, Eighteen hundred and thirty two.
John Prince Clerk

Essex ss. Marblehead April 26 th 1833. Personally appeared before me the undersigned, a Justice of the Peace for said County, Edward Trefry, of said Marblehead, 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.: I served as a private four months at Cambridge - I served as a private four months and twenty five days at Dorchester for which service I claim a pension.
Signed in presence of Nathan Brown
Edward his Trefry. Mark
Sworn and Subscribed to before me. John Prince Justice Essex ss. April 29 th 1833. I John Prince Clerk of the Court of Common Pleas do hereby certify that John Prince Esq r is a Justice of the Peace in & for said County Essex and that his foregoing signature is genuine.
In Testimony whereof, I have hereunto set my hand and the seal of said Court at Salem this 29 th day of April 1833
John Prince Clerk

Edw d Inefry
N o 9755
Parish 8 Mo 25 days
5-14-16 06 Mch 17 1833
P o 341
3000 55 2945
I Pmice for her Marblehead Mass

BRIEF in the case of Edward Trefy of the County of Essex in the State of Mass (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Judge
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? bodily infirmity
3. How old is he? 80 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.     In 1775 July 1 st part to the latter of Mar. 1776 about 8 25 Private Gen. n Col. Hutchinson, Capt. Putnam  
5. In what battles was he engaged? none
6. Where did he reside when he entered the service? Marblehead
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Deposition
8. Are the papers defective as to form or authentication? and if so, in what respect?
Regular
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Belt Examining Clerk.

Lash up & Injry

I William Laskey of Marblehead, County of Essex, State of Massachusetts On Oath depose and say: That in the revolutionary war, I well knew Edward Trefry of said Marblehead: was well acquainted with his family, and often visited at his house. And I well remember, that he enlisted in a company of Militia, commanded by Enoch Putman of Danvers in Col. Hutchinson's Regiment: and that he went to Cambridge with said company and there joined the American Forces, then commanded by Genl. Washington: and being acquainted with his family, I frequently visited him, and carried him articles of Cloathing; and always found him in the perform- ance of his duty as a soldier. And I further remember, that some time about the last of October, or beginning of November, Seventeen hundred, seventy five, the Regiment to which he belonged was ordered to march to Dorchester to do duty there; and that I went with him; continued there for several days, and I then returned to Marblehead.
In presence of Nathan Bown
William his Laskey Mark
Essex SS Marblehead Aug 6 th 1832. Then personally appeared William Laskey above named; and made oath, in due form of law, to the truth of the above affidavit by him subscribed. 73 and I further certify that he is a credible witness. Before me John Prince, Just. Peace.

Edw. Grefry
No 9755
I Pmā for En Marblehead Mass

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Edward Trefry 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? no 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? yes 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? yes, further than one witness
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? one witness
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? so certified
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.

Rehran
626 4
✓ INVALID.
File No. 6267
Edward Trefy
Prior Rev. War.
Act: June 14. 1832
Index:—Vol. M, Page 378
[Arrangement of 1870.]