Revolutionary War Pension and Bounty Land Warrant Application File R. 6798, for Samuel Mc Murry, North Carolina

SERVICE
NUMBER
926
McMurry Samuel
R. 6798
McMurry or
Elizabeth
CONTENTS

Robert Murray was born September the 4/1994
Robert Murray was born in Robertson County Tennessee state

State of Tennessee Robertson County
On this day personally appeared Elizabeth M c Murry Widow of Samuel M c Murry a resident of the county and state aforesaid aged about eighty seven years before me James Leach one of the acting Justices of the peace in and for said County who being duly sworn according to law begs leave to amend her Declaration heretofore made in order to obtain the benefits of the provisions made by the acts of Congress granting pensions to certain widows That she is the widow of Samuel M c Murry as heretofore stated and was married in the year 1780 as before stated in Rutherford County North Carolina.
That since making her first declaration and describing her husband's services under Captain Hardin and Porter she recollects that he was out another term of service perhaps in the early part of his service She is enabled to know this service apart from what she has heretofore stated from a particular circumstance that happened in the neighborhood There was a young lady whose brother was in the service with her husband that happened to a misfortune of being delivered of a child and this was the cause of a fight between the brother and another man previous to the time of going out and one of them lost the other ear off. The husband was not in the fight, but when they went in the service this was spoken of by the friends of the parties She cannot say who was the officer he then served under She will mention another circumstance she has a bottle her husband got in one of the battles he carried his name upon the same but this was not in the term of service above spoken of This child grew up and was from years old or thereabouts at the close of his services These circumstances are the

Circumstances often spoken of by her husband with many others she could relate. She is satisfied now upon thinking more about the service that her husband was out most of the time from the time the war broke out until ended.
She is lately been informed that the rolls of her husband's services or the payments made to him by the State of North Carolina show services in the war of the Revolution for perhaps nearly two years. She therefore claims all the service performed by him as her right as she is fully satisfied there was no other man in Rutherford or any of the adjoining counties in North Carolina who served in the war of the Revolution by the name of Samuel M c Murry but her husband. And this she is enabled to know from being raised there and her husband told her there was but himself by that name in all the armies he was acquainted with in North Carolina.
Sworn to and subscribed before me this 18 th day of October 1854
James Cook J.P. Justice of the Peace
Elizabeth M c Murry Mark
State of Tennessee Rutherford County
I James Cook one of the acting Justices of the peace in and for said county do hereby certify that I am well acquainted with Elizabeth M c Murry who has made the foregoing declaration that she is unable to appear in court on account of bodily infirmity to make this declaration but is a woman of good memory concerning her age, also a woman that has always supported a good character for truth and veracity and full credit should be given to her statements.
In testimony whereof I have hereunto set my hand and official seal this 18 th October 1854 James Cook J.P. Justice of the Peace

State of Tennessee Robertson County I Robert U. Murphy Clerk of the County Court of said Robertson County do hereby certify that James Cook whose name appears to the foregoing Declaration and certificate is now and was at the time his said attestation purport to bear date one of the acting Justices of the peace in and for the County of Robertson aforesaid duly commissioned and qualified to act as such and fully authorized to administer oaths and that full faith and credit are due and of right to be given to all his official acts as such and that his signatures thereto are genuine In testimony whereof I have hereunto set my hand & affixed the Seal of said Court at office in Springfield this 18 th day of October 1854 R. U. Murphy C.R.

Declaration
State of Tennessee Robertson County On this 9 th day of September in the year 1851 personally appeared before me Elizabeth McMurphy  James Sproule one of the acting Justices of the peace in and for the county aforesaid and a Justice of the county court being a court of record
Elizabeth McMurphy a resident of the county of Robertson in the State of Tennessee aged eighty four years who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provision made by the acts of Congress passed July 7 th 1838 3 d of March 1843 June 17 th 1844 February 2 d 1848 and 29 th July 1848 and other acts That she is the widow of Samuel McMurphy who was a Sergeant in the war of the Revolution and also served as a private she was young not more than twelve years old at the commencement of the Revolution she and her husband were raised in the same neighbourhood on Second Broad river in Rutherford county North Carolina His first tour of service was under Captain Porter and was station- ed at first was McGahey's station This was in 1777 or the beginning of 1778 They were marched from thence down the country to join the army near Mobile or some where down there she cannot tell he was gone three months and returned His next tour was under the same Captain Porter he enlisted was drafted or volunteered but she thinks he served as a volunteer was mustered into service at the same place as before and was stationed at Salisbury and was at the battle of Crooked Creek with the York column McDaniel when he was taken. He entered the service again in 1779 under Captain Hardin and was gone three months was marched to the South and was in the battle of Stono He entered the service again

under Captain Port a some other Captain and was first Sergeant he had to weigh out the Meat for his company and as she always heard him say was under great fatigue was at the Battle of Cowpens and Kings Mountain and returned home Served three Months this tour and was discharged which discharge was lost with all the other discharges except the one due to annexed while under Captain Hardin She has heard him relate his being at the taking or dispersing a company of Tories under M c Cartey who was a tory She has seen the discharges that were lost but cannot describe more than her recollection that during these tours of Service he was at the Battle of Ramsour's Mills and Station at Salisbury She thinks he was often on the lookout her husband and father had taken several guns and bayonets taken at Guilford's defeat and after the war they made knives and forks out of the bayonets She could tell many things more about the Service but deems it unnecessary; her husband was out most of the time from 1777 to 1781 but she cannot recollect or describe but these four tours of Service and will say that she is satisfied he served twelve months in four three months tours of Service. And for this twelve months she claims a Pension So soon as he was done his last tour of Service he started for the west and went round by Kentucky to Cumberland as Cumberland was then called; he returned again in three or four years and affiant said said Samuel M c Murry was Married on the 7 th day of July 1786 Seventeen hundred and eighty six by a Sister of the peer by the name of John Black in Rutherford County North Carolina and shortly after they moved to Robeson County where they have lived ever since but they lived at had to start up

up in Kelgon's station The country was full of Indians and was then a wilderness. She has no documentary evidence in support of her claim and she does not know whether her husband ever got pay from North Carolina for his services or not
She further declares that her husband died on the 19th day of September 1829 and that she has remained a widow ever since that period and that she has never made application for a pension until now. She had a record of her children's ages in her bible but her oldest took it off with her to the South of Missouri and she lives in parts unknown. She further declares that she has no other means of identifying her husband but will rely upon such proof as she can procure.
Sworn to and subscribed before me on the day and year first above written James Sprouse Justice of the peace
{ Elizabeth her McMurry Mark
State of Tennessee Mobileton County ss I James Sprouse one of the acting Justices of the peace in and for the county aforesaid do hereby certify that I am well acquainted with Elizabeth McMurry who has made the foregoing declaration that she is a woman of good character and reliable memory and that full faith and credit are due her statements. I further certify that owing to old age and bodily infirmity she cannot appear in open court to make this declaration.
In testimony whereof I have hereunto set my hand and seal this 9th day of September 1857
James Sprouse Justice of the peace

Know all men by these presents that I Elizabeth M c Murry widow of Samuel M c Murry of the county of Robertson and State of Tennessee do nominate and appoint Adam Gwynnson to be My true and lawful attorney irrevocable for Me and in My Name to prosecute and establish My claim to a Dower with power an attorney or attorneys under him to appoint to act in the premises and I further constitute and empower the said Gwynnson My Sole Attorney to receive My Dower certificate when issued for My benefit hereby ratifying and confirming all the lawful acts that My said attorney shall do by virtue hereof Witness My hand and Seal this 9 th Day of September 1857
Elizabeth her M c Murry Mark
State of Tennessee Robertson County I James Sprouse one of the acting Justices of the peace in and for the county aforesaid hereby certify that Elizabeth M c who made the foregoing power of attorney is personally known to me and that she signed and acknowledged the same in My presence for the purposes therein contained on the day the same bears date
In testimony whereof I have hereunto set My hand and affixed Seal this 9 th day of September 1857
James Sprouse Justice of the peace

State of Tennessee
Robertson County
On this day personally appeared Henry Johnson a resident of the county and state aforesaid aged eighty six years before me. I have B White one of the acting Justices of the Peace for said county who being duly sworn according to law deposeth and says I moved to this county in 1790 and became acquainted with Samuel McMurtry and Elizabeth McMurtry in that year. They were then living on the same place his widow now lives upon. They were then living together as man and wife and I have no doubt on information I believe to be true they had been lawfully married in Rutherford County North Carolina. At that time 1790 they had one son born whose name was David and my impression is he was large enough to walk about. Robert McMurtry was born afterward and is now present. There was a daughter born between the oldest and the youngest son whose name was Elizabeth and I have known them ever since the last mentioned period until Samuel McMurtry died. I never heard their marriage questioned. Sworn to before me and a subs. certificate this 16th day of October 1854 I have B. White JB
H. Johnson
Robert McMurtry a son of Samuel McMurtry and Elizabeth his wife a resident of Robertson County and State of Tennessee being duly sworn deposeth and says I was born in the 4th of September 1794 agreeable to my father and mother's declaration made to me at an early period of my youth and my recollection can serve me only about ten years of age. I saw the record of my age kept by my father and wrote it down about thirty five years ago and kept it ever since and am now about sixty years of age. I am the youngest son of my father and mother's children. My oldest brother was born about five years before I was he was the oldest child. My father and mother always told me they were married in 1786 in Rutherford County

North Carolina and moved to this country in 1787 the same year after they were married and raised a crop at Kelgrees Station and settled the place where he lived and died upon in 1787 I know the date because my father after I grew up and learned to read often showed me his name and the date he settled there on beech trees which he had carved there the year he settled the place and often afterwards referred me to them and I have known them ever since and they are to be seen at any time his name and date 1787 is now plain and legible I have examined them on this day and showed them to Abraham Baldwin I also append the record of my age to this deposition which is genuine and make it part of this affidavit In regard to his Revolutionary Service I state that he often told about them He served under Captains Porter and Hardin under General Butler was at the battle of Stone I have preserved a piece of brass which I made into a lamp picked up by him on the battle ground said to be a piece of a cartridge of a cannon I cannot state how often he was out I believe he was out at times for two or three years I think he must have served more than twelve months I have no hesitation in saying that he is the same Samuel M c Murry whose name is born on the records of the Revolutionary service in North Carolina as he served in that state and was originally from the state of Pennsylvania and settled in Rutherford County before the Revolution and might have lived in some of the adjoining counties
Robert M c Guire
Abraham Baldwin a resident of the same county and state aged about thirty seven years Deposeeth and says upon information which he believes to be true and which was communicated to him by persons who were disinterested more than ten years ago and before my thought was even entertained of producing this

That Samuel McMurtry served in the war of the Revolution off and on for two or three years during the time of the war in North Carolina I was also shown the records initials of the name of Samuel McMurtry on some bank trees the date is 1787 and is said to be the date Samuel McMurtry settled the place wherein his widow now lives I am satisfied he must have served two years or thereabouts
personally appeared Robert McMurtry and Abraham Baldwin with whom I am personally acquainted and severally subscribed the same and were both duly sworn to the same Before me this 10 th day of October 1854
J. Baldwin
W. W. Pepper Judge of the 7 th Judicial circuit of Tennessee,
State of Tennessee Robertson County I Wesley M. Pepper Judge of the 7 th Judicial circuit of the courts of law in the state of Tennessee do hereby certify that I am well acquainted with Henry Johnson who made oath to the foregoing affidavit before me while Esq. and I am well acquainted with Robert McMurtry and Abraham Baldwin whose affidavits above written were subscribed to and sworn to before me That they are men of good character and every way entitled to full credit upon oath and from their statements I am of opinion and fully satisfied That Samuel McMurtry and his wife Elizabeth were lawfully married on or about the year 1786 in the county of Rutherford North Carolina. And I further certify and am fully satisfied from the foregoing statements

Statements and the reputation Samuel McMurtry bore in his neighbourhood as being a soldier of the Revo- -lution That he is the identical Samuel McMurtry whose name is mentioned in the Comptroller's certificates of North Carolina as having been paid for services rendered that State in the war of the Revolution mentioned  described in the report of the Comptroller of Pensions of the 1 st August 1854 which is now before me
In testimony whereof I have hereunto set my hand and official imp. signature This 17 th day of October 1854
W. W. Pepper Judge of the 7 th circuit of Tennessee.
State of Tennessee Robertson County 3 d John S. Hutchinson Clerk of the Circuit Court for the County of Robertson in said State do certify that Wesley W. Pepper whose name is subscribed to the foregoing certificates is one of the Judges of the Circuit Courts for the State aforesaid and assumed to hold the Circuit Courts in and for the 7 th Judicial Circuit in said State duly Commissioned and qualified as such, and that his signatures thereto are genuine In testimony whereof I hereunto set my hand and affix my seal of office This 18 th day of October A.D. 1854 John S. Hutchinson

State of Tennessee
Robertson County On the 11 th day of September 1851 personally appeared Letitia Maddeson a resident of Robertson county aged eighty years before me Madison C. Banks one of the acting Justices of Peace in and for the county aforesaid and made oath in due form of law that She is a cousin to Mrs Elizabeth McMurtry widow of Samuel McMurtry That She was raised close by them in Rutherford county North Carolina That Young as She was She well recollects the war of the Revolution and the troublsome times her father was shot by the Tories in his own yard and She has good reason to know something about the war She states that Samuel McMurtry served in the following tours of service She recollects seeing him march off with Captain Porter his name was William Porter he was a true whig and served under Captain Porter three months She saw when he went out and when he and the rest of the company returned home. This was in the beginning of 1778 as well as she thinks they stayed but a little time when they were called out again as volunteers and went down to Cross Creek and had some hard fighting was stationed at Salisbury a long time and then returned home. He not served this time three months under Captain Porter He entered the service again in the Spring of 1779 under Captain Ben Hardin was down in South Carolina and fought at the battle of Stone and Hampton's Farm he served this time three months. He entered again

Under Captain Hardin as a volunteer was at the battle of Kings Mountain and Cooper or Garetons defeat he was orderly sergeant this last trip she often heard him relate the loss he had in missing provisions and in procuring something to eat He served this last time three months making in all his service twelve months he was out other short trips after the Jones but these were so frequent that she cannot undertake to describe them. She has a personal knowledge of their marriage as she and Mrs McMurtry were cousins They were married on the seventh day of July 1786 in Rutherford county North Carolina by one John Black a Justice of the peace she was present and saw Samuel McMurtry and Elizabeth Huddleston married and become as man and wife
She has been acquainted with them ever since and knows them to be the same people and that Samuel McMurtry died on the 19th day of September 1829 and that said Elizabeth McMurtry has remaining a widow ever since that period sworn to and subscribed before
Me this day and year first above
Written Madison C. Banks
Sitty Huddleston Mark
J.P. for said County
State of Tennessee I Madison C. Banks one of the acting Justices of the peace in and for the county aforesaid do hereby certify that I am well ac- quainted with Sitty Huddleston who has made the foregoing affidavit That she is a woman of truth and veracity and that full faith and credit are due and of right ought to be given to her statements Witness whereof I have set my hand and official seal this 11th day of September 1857 Madison C. Banks (P.S.)

State of Tennessee
Robertson County On this day personally appeared Peter Cooke a resident of the county aforesaid his aged Sixty Nine years before me Madison C Banks one of the acting Justices of the peace in and for the county aforesaid and Made oath in Due form of law that he became acquainted with Samuel M c Murry about fifty years ago in Robertson County That part of that time say fifteen years of the first acquaintance they lived within a mile of each other That affiant during this time often heard M c Murry tell about his Revolutionary Services he was at the battle of Cross Creek Stone Kings Mountain Guilford defeat Bransons Mills affiant states that he heard him relate at least five tours of three months each I know I heard him say he served under Captains Hardin and Porter and served two three months tours as orderly sergeant I have heard him state that he lost some of his discharges but cannot say how many I know all I have heard him relate in his lifetime I have no hesitation in fully believing he served at least twelve months in the War of the Revolution. I know him well and he was a man of good character and respected for truth and veracity as much as any other man in the State of Tennessee
Sworn to and Subscribed before me this 11 th day of September 1857
Madison C Banks J.P. for said County, Peter his Cooke Mark

State of Tennessee
Robertson County ss I Madison C. Banks one of the acting Justices of the peace in and for the county aforesaid do hereby certify that I am well acquainted with Peter Cooke who has made the foregoing affidavit before me That he is a man of truth and veracity and that full faith and credit are due his statements
In testimony whereof I have hereunto set my hand and seal this 11 th day of September 1851
Madison C. Banks Justice of the peace for said Co.

Acts of July 14, 1862, and March 2, 1873.
REJECTED
6798
P. O.
Elizabeth M c murray
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized.
_____ Contract
_____ Cert. of Dis.
Searched for _____
, 18

✓
28,502
J Stolins

14.467
Elizabeth McMurray, wid of Samuel, Tenn.
Act 7 July '38
Let A Ferguson, Dec 4/57. Smith & Jones 16 June 1854.
A Ferguson Aug 1 1857, A. Ferguson 22 Sept. 1854. A. Ferguson 31 Oct. 1854.
6798
1838
A. Ferguson.
6-1/2

Catharp Sm # Upt 1834
Elizabeth McMurtry Jan - Jan, 1838
Col
One
12
L. P. Mealdo Esqr
Commissioner of Pensions
Washington City

N.L.
McMurry Samuel McMurry or
R. 6798

no. Samuel Mcmurry R. 6798 H. 6.

This is to certify that Samuel M c Murty a sergeant of Discharged from the North Carolina Militia By serving three Months in the State of South Carolina in Col d M c Donels Regiment Discharged by order of General Butler
This 11 th Day of
July 1779 W m Captain Benjamin Hardin

Comptroller Calificate of North Carolina filed July 31 st 1854

State of North Carolina Comptroller's Office.
I, William S. Clarke, Comptroller of public Accounts in and for the State aforesaid, do hereby certify that it appears of record in my office among the payments made by said State to sundry persons for Military services in the Revolutionary War, as follows, to wit:
Samuel M c Murray
(Book A. No. 11 page 39 £23 14 3 specie) " " " " " 41 £3 9 14 "
9 mos 4 20 83 pri. £ " 16 " 30 £26 — " this Certificate was taken up by the Sheriff of Rutherford County and by him paid into the Treasury in part of his taxes.
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this 21 st day of July 1854.
Wm. S. Clarke, Compt r .
  £ 23 14 3  £ 3 9 14  £ 26 — —    23 14 3  3 9 14  26 — —    22 6      £ 5 2 13      2 14      £ 10 5 2      1 13 6      33 10 3      3 9 14      2 9 9      11 7 2      2 5 2      14 12 23    

Pension Office, August 1 st 1834,
Sir,
I have examined the case of Elizabeth Mc o , Murray, widow of Samuel J. Tannepe, in con- -nection with the certificate of the Comptroller of North Carolina, Her husband is not suf- -ficiently identified with the soldier who received the Indents as certified in the certificate. One payment was taken up by the Sheriff of Rutherford Co: and paid into the Treasury in part of his Taxes, what It should be shown in what year this was done, and it would be well if it could be shown when all the payments were made. The date of the marriage must be proved by witnesses who can show how they are enabled to fix the

time. It is not sufficient that witnesses say the marriage took place in 1786, without adding any reasons for their ability to re- -collect so accurately the very day on which it occurred.
I am Respectfully Your Obedt. Servt L. M c rae Commissioner
A. Ferguson, Esq m . Present.

Papers 2 m.

Washington City July 28 th 1854
Sir
{ Returned I wish to examine the case of Mary Holmes widow of Robert Holmes due under act 7 th July 1838 a on
Also the case of Elizabeth M c Murry widow of Samuel M c Murry filed here by me in 1850 or 51 under act 7 th July 1838 and Succeeding acts sec 38
Respectfully A. Bergenskoul
+ p d
L. P. Alaldo Esq r Comptroller of Pensions Washington City

Letter containing a brief in this case Elizabeth M c Murray Widow of Samuel

Washington City July 28 1854
Sir
In the case of Elizabeth M c Murry widow of Samuel I herewith file the Comptroller certificate of North Carolina and the certificate of the clerk of the Court of Rutherford County where they lived at the time of the Revolutionary War showing that the record of Marriage does not exist in said office. The marriage is amply and as we contend satisfactorily proven by living witnesses who were known to the marriage. The payments made to Samuel M c Murry were made to him from the Rutherford county district and one of them taken up by the Sheriff of Rutherford for M c Murry's taxes which was customary. This identifies him to be the same man. The case is now made out and I hope you will find no objections to allow the pension be pleased to give her  him what is due for husband's services. I need not dwell on the facts in the case as they are few and all before you. We therefore expect a certificate for the amount of services shown by the proof.
Respectfully
A. Bergusson
L. P. Waldo Esq. Comptroller of Pensions Washington City

Carthage Tennessee 12 th September 1854
Sir
Inclosed you will find the power of attorney of Mrs Elizabeth M'Murry widow of Samuel M'Murry of Robertson County Tennessee July executed according to law revoking all powers of attorney heretofore made to others and placing the right to prosecute the claim back into my hands who first undertook the claim for her. This was done without hesitation when she saw me; and her friends & she told me she was induced to give the powers of attorney to Donoho & M'Gill and Smith and perhaps others upon false representations that I was not attending to the business and perhaps was dead. I did not know of this until my recent visit to Washington and on my return home took the earliest opportunity possible to see her and friends when the whole matter was understood and that I had done all the labour and drudgery in the case she promptly replaced the business back into my hands which you will see by the enclosed power of attorney. You will therefore see that my name is marked upon papers and register as the last as well as the first and only attorney authorized to prosecute the claim and write me in reply to this letter of the reception of this power of attorney and the due notice of this letter. I should have communion of business
Respectfully A. Hergussoul

State of Tennessee County of Robertson
Know all Men by these presents that I Elizabeth McMurray (widow of Samuel McMurray) of Robert- son County Tennessee do hereby appoint William H Smith of Nashville Tennessee my true and lawful attorney for me and in my name to prosecute my claim to pension under act 7 July 1838, 3 Mach' 43 &c revoking  ratifying all powers of attorneys at any time heretofore by me made witness my hand & seal this 31 day of May 1834
Attest
A. Woodruff
Elizabeth x McMurray seal mark
James Eng Lane
Acknowledged before me this 31 day of May 1834 James Cook JP

State of Tennessee County of Robertson
I hereby certify, that James Cook Esq before whom the foregoing acknowledgement was taken and who has thereunto subscribed his name was at the time of so doing an authorized Justice of the peace in and for the County aforesaid and that his signature thereto is genuine
In testimony whereof, I have hereunto set my hand and affixed the seal of the County Court of the County aforesaid this 23rd day of June 1854,
J. W. Murphy Clerk of the County Court of Robertson County Tenn

Knoxville Tennessee June 9 1857
L. P. Waldo Esq. Com r of Pensions Washington City D.C.
Sir
I herewith enclose you a Power of Attorney from Mrs Elizabeth McMurry of Robertson County Tennessee Widow of Samuel. She is an applicant under Act of July 1838 or please file with her papers already on file and report to me here.
Very Resp y
William H Smith or Smith & Jones

14.467
Elizabeth M c Murray, wife of Samuel
Turn
Act 7 July 1838-
\frac{11}{20}
1851 80 1771
90 30
15 | 6581 1031 260 8 520 65 32.50
A. Ferguson -

Carthage Tennessee 22 d September 1851
Sir
Inclosed please find the claim of Mrs Elizabeth M c Murry Widow of Samuel M c Murry for a Pension This claim is founded upon the proof of Service by good witnesses and an original discharge for three months which is the only one they could find among his old papers. Samuel M c Murry died before any Pension law embracing his case was passed and the Widow did not know her rights and only applied at this late day In regard to the marriage the record is in existence about her marriage or the ages of her children as stated in her Declaration but the marriage has been abundantly proven by the living witnesses whose character are above reproach. I will send to the county of Rutherford and see if the Marriage record is in existence in the clerk's office and send it to you to be filed if not found a certificate of the clerk showing that such record does not exist will be furnished if possible In presenting this claim I cannot recommend its allowance too much or too zealously as I have taken care to interrogate the witnesses and herself with all the precaution that you could if

if present. You will therefore file the Claim to be examined in turn and before that time comes I will find the fact whether the Marriage record or bond exists in Rutherford county North Carolina and send it to be filed if not found then I presume the testimony of witnesses are to be received. I know this claim from all the information before me is a just one and as such request that the same be allowed as soon as practicable
Yours Respectfully N. Hergussouf
James E Heath Esq. Commissioner of Pensions Washington City

Carthage Tennessee
23 October 1854
Sir Inclosed please find the certificate of Judge Pepper in the case of Elizabeth M c Murry widow of Samuel M c Murry for Pensions under act July 7 th 1838 and all the Subsequent acts embracing her case. In your report of the 1 st August last There were but two Material facts wanting to Satisfy the Department. The first was Sufficient identity and the next was for witnesses to give the facts to show how , They were enabled to fix the exact time to a day. By going to the farm on which Samuel M c Murry first settled and lived and died upon I am fully enabled to show a volume of proof if necessary that he carried his name on the smooth beach trees on the very year he settled the place "1787," a year previous they were married in North Carolina and came to Kilgore Station and raised a crop in that year The witnesses who testified in the case in the first instance which were Middleston and Cooke are both dead but I am informed that Middlestone had writing in his possession of his father which was wrote on the very day M c Murry was married hence the exactness of the computation of time. I Suppose however you or the Government does not require the exact computation as if she was married in 1786 or 1787 She would have to 1794 to come under the act of 7 th July 1838 So that the certificate of the Judge being the highest tribunal of the State except the Court of Errors and appeals will be taken as true and Satisfactory. I also append the Statements of

The witnesses. Unless the date of Marriage run near 1794 The exactness of the very day on which she was married would not be required as if we were Almanac makers. It is sufficient to show in ordinary cases that she was married beyond doubt previous to 1794 The Judge was raised in the neighborhood and well knew the character of the witnesses. Also well knew the character that Samuel McMurtry bore as a soldier of the Revolution and he expressed his surprise to me that he had long entertained that the claim was never presented before it was. His own knowledge of the facts gave him great assistance in the case, hence his willingness to certify as that he has done in the most conclusive manner his opinion that he was the identical Samuel McMurtry whose name is mentioned in the Comptroller's certificate which I laid before him in order that he might judicially investigate the matters and things and fully understand them. I also append the amended Declaration of Mrs McMurtry claiming the full amount of services her husband performed and mentioned in the Comptroller's certificate. We are fully authorized to do this under the rules of Chancery proceeding when newly discovered proof is found out and also when violations come into the mind of the complainant not before stated. I also send you your own report of the 1 st August 1854 so that no mistake may be made by the examiner which I find necessary from the numerous mistakes made while I was at Washington in August last all of which I am satisfied is not now necessary to call your attention in this case. Upon the whole I am fully satisfied the case is now fairly and fully made out and the

Department will be fully authorized and justified in allowing the claim to the full extent of the Service mentioned in the Comptroller's certificate.
Be pleased to examine the claim without delay and forward her Pension certificate accordingly as early a day as may suit your convenience.
Respectfully
A. Bergsson
J. M. Eldridge Commissioner of Pensions Washington City

Coluks certificate of Rutherford County North Carolina

State of North Carolina Rutherford County } J. W. L. Gilkey } clerk of the court of Pleas & Quarters Sessions, in and for said County, certify that I have care- fully examined the records of my office, and can find no bond for a marriage license, between Samuel M c Murry and his wife Elizabeth.
In Testimony whereof I have hereunto affixed the seal of said Court at office this 12 th day of Jan y 1853. J. W. L. Gilkey (clk)

State of Tennessee Robertson County 3 On this day personally appeared before me Madison L. Banks one of the acting Justices of the peace in and for the county aforesaid William Huddleston a resident of the county of Robertson in the State of Tennessee aged eighty two years who being duly sworn according to law makes oath That he was well acquainted with Samuel McEwen in the War of the Revolution who lived in Rutherford County North Carolina and that he recollects very well that he served the following terms of Service and that his first term was under Capt William Porter as a Militiaman volunteer and that he was stationed a while at McGaughey's Station in commencement of the year 1778 and was marched down the country after the Tories and was with the main body of the army he believes at Kettle Creek and Cross Creek he was not with them and cannot particularize the different places he was stationed at He was gone three months and returned home with Captain Porter His next term of Service was under the same Captain was stationed at Salisbury a long time and was busy in guarding the British prisoners and keeping down the Tories he was at the battle he thinks at this time at a place called Hamsown's Mills and dispersing the Tories under a tory Captain called McEwen they had some seven this time and he returned home after serving three months. His next term of Service was under Captain Benjamin Hardin and served three months in the State of South Carolina was at the battle of Stono this was in 1779 and he returned home He enlisted again as well as he recollects under Captain Hardin and was

was at the battle of Kings Mountain but cannot say whether he was at the battle of the Cowpens or not as he was not with him and he does not recollect when he returned home whether he heard him speak about it or not He thinks from the best of his recollection that twelve Months in four three Months tours would not be as much as he served but he is certain of the Services above described. He was out several other small trips of service besides the foregoing but they were short periods sometimes twenty days and sometimes longer after his Service Samuel McMurty came to Cumberland as next Justice was then called and stayed several years and returned and married his wife whose maiden name was Elizabeth Huddleston and as soon as they were married they then returned to Greene where they have lived ever since He recollects the marriage very well they were married in July Seventeen hundred and eighty Six as well as he recollects it was about five or six years after the war and no longer He served two of the above tours as orderly or first Sergeant He has been acquainted with them ever since and knows they are the identical persons above described Mrs McMurty is affiants cousin
Sworn to and Subscribed before me
This 10 th Day of September 1851
Test
William Huddleston Sig
Madison Co. Banks
J. D. For said County

State of Tennessee Robertson County } I Madison M Banks one of the acting Justices of the peace in and for said county. do hereby certify that I am well acquainted with William Huddleston who has made the foregoing affidavit before me That he is a man of good character and veracity and that full faith and credit are due and of right ought to be given to his Statements In testimony whereof I have hereunto set my hand and affixed my Seal this 10 th Day of September 1851
M. M. Banks Justice of the Peace for said County
State of Tennessee Robertson County } I Joseph E Winfield clerk of the county court of said Robertson County do hereby certify that James Sprouse and Madison M Banks, whose names appear to the foregoing Declaration and the affidavits and certificates were at the time their several attestations purports to bear date and now are acting Justices of the peace duly authorized to administer oaths and duly sworn and qualified to act as such within the county and state aforesaid and that full faith and credit are due all their official acts as such and that their signatures thereto are genuine In testimony whereof I have hereunto set my hand and affixed the Seal of said court at office in Springfield within the county of Robertson aforesaid this 11 th Day of September 1851
J. E. Winfield Clerk

Power of Attorney of Elizabeth M c Murry , widow of Samuel.
Declaration presented by — Ferguson,
Application for pension.
Husband died before act of '32. Marriage took place in 1785.

State of Tennessee
Robertson County
I Elizabeth
McMurray of the County
of Robertson & State of Tennessee do hereby constitute & appoint irrevocably with powers of substitution Thomas S Donoho & John W Magill of Washington D.C. jointly or severally my true and lawful attorneys for me and in my behalf to prosecute my claim for a pension and refer you to my declaration already on file in the pension office and to receive such certificate as may be there issued making it payable at the agency in Nashville Tennessee hereby countermanding and revoking any power of attorney which may have been heretofore given & confirming all things that my attorneys the said Donoho & Magill or either of them may do in the premises
In testimony whereof I have hereunto set my hand and seal this 25 day of July 1853
Attest
Elizabeth her mark J. W. McMurray
Acknowledged before me the day & year last above written James Sprouse Justice of the Peace
State of Tennessee
Robertson County
I Robert H Murphy Clerk of the County
Court for said County do hereby certify that James Sprouse Esq before whom the above Acknowledgment was made was at that time an Acting Justice of the Peace in and for said County duly Elected Commissioned and qualified and that full faith and Credit are due to all of his official acts as such
In Witness Whereof I have set my hand and seal of said Court at Office the 30 day of July 1853 R H Murphy Clerk

Whereas I have first made a power of attorney to Adam Gergusson of Leavittsburgh Germany authorizing him to prosecute my claim to a pension and afterwards I was persuaded to make a power of attorney to one Jacob J. Mc Gill revoking the first and afterwards executed another power of attorney to Wm H. Smith of Nashville Tennessee and may have made other powers of attorney and I being satisfied that the said Gergusson has been at considerable expense and labour in preparing the papers in support of my claim Now know all men by these presents that I Elizabeth Mc Murry widow of Samuel Mc Murry do hereby nominate and appoint the said Adam Gergusson to be my true and lawful attorney in fact for me and in my name as first empowered to prosecute my claim to a pension and to do and perform in my name any act or acts thing or things necessary to establish my claim agreeable to law and the rules of the pension office at Washington City. Hereby revoking and making void all and every other power or powers of attorney heretofore made to any other person or persons whatsoever except the said Gergusson and make and execute this my power of attorney irrevocable which is to be final.
In testimony whereof I have hereunto set my hand and seal this 29th day of August 1854
Test
En Palatine
Elizabeth Mc Murry Mark

State of Tennessee Robertson County } On this day personally appeared Elizabeth M c Murphy before me James Cook one of the acting Justices of the peace in and for said County who is personally known to me and a resident of the county and State aforesaid and acknowledged the foregoing power of attorney to him and said here
In testimony whereof I have hereunto set my hand and official signature this 29 th day of August 1854
James Cook Clerk Justice of the Peace
State of Tennessee Robertson County } I Robert M c Murphy Clerk of the County Court of said Robertson County do hereby certify that James Cook whose name appears to the foregoing ac- knowledgement of the foregoing power of attorney is now and was at the time his certificate above purports to bear date one of the acting Justices of the peace in and for the County aforesaid duly commissioned and qualified and fully authorized by law to administer oaths and take acknowledgments and that full faith and credit are due all his official acts and that his signature above is genuine
In testimony whereof I have hereunto set my hand and official seal this 11 th day of September 1854
Robt M c Murphy Clerk