Revolutionary War Pension and Bounty Land Warrant Application File S. 11,021, for Eleazer May, Massachusetts

SERVICE
NUMBER
Mass.
May Eleazer
S 11,021
CONTENTS
Carded

Massachusetts
Ebenezer May
of Wrentham in the State of Mass who was a Serjt in the company commanded by Captain  of the Regt commanded by Col Brewer in the Mass line for 3 Mos 17 Ds Serjt 21 " P-
Inscribed on the Roll of Mass at the rate of 20 Dollars 20 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 th day of Aug 1833 and sent to J. Kendall Sec of Reps
Arrears to 4th of Sept 1832 $39.30 Semi-ant. allowance ending 21 Mar 33 13.10
$52.40
{ Revolutionary Claim, Act June 7, 1832.
Recorded by J H McBlain Clerk Book D - Vol. 207 Page 67.

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this twenty third day of October in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before Nathaniel Paine Esquire Judge of Probate now sitting Elazer May a resident of Brookfield in the County of Worcester and Commonwealth of Massachusetts, aged seventy five 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated. That he enlisted as a soldier in the War of the Revolution at Dudley in the County of Worcester in the latter part of July seventeen hundred and sixty six in the Company commanded by Capt. John Borel then of Sutton in said County of Worcester which was attached to the Regiment under Col. Samuel Paine, Massachusetts Militia and marched from said Dudley to Tienderoga in the State of New York passing through Here in the State of Massachusetts and crossing Connecticut River at Charlestown then called 1744. & was stationed on Mount Hope and was then employed in building but works & keeping guard until about the first of December in the same year at which time his term of enlistment expired being four months, & he then returned to said town of Dudley - That on the thirteenth day of August seventeen hundred & sixty seven at said time he was drafted to serve three months and on half & he again marched from said Dudley in the Company under Capt. Abel Mason then of Sturbridge in the County of Worcester which Company was attached to the Regiment under Col. John Cushing of the Massachusetts Militia & went to the Town then called Sheslowough in the State of New York passing through the Towns of Williams Town & Bennington & then remained about two weeks he then marched to the Town of Pohlit & then remained about a week or two days & then marched down into the vicinity of Stillwater where Burgoyne was stationed and was engaged in the battle at that place and then marched to Saratoga & was present at the surrender of Burgoyne at that place - after his surrender he marched down the Hudson River to Albany, Hudson, Fishkill, & West Point & then to White Plains & then remained two or three weeks & then marched to a place near Kings Bridge where his term of service expired the day after his arrival at that place & he was dismissed on the last day of November 1767 & he returned again to Dudley That he served as a Corporal in said Company during said term - That he never received any written discharge at the expiration of either of his terms of service - That he was born in the said town of Dudley when he lived until he was about thirty five years of age - since which time he has resided in Woodstock in the State of Connecticut three years & in the town of Wilshire in the State of Pennsylvania twelve years - That he has no documentary evidence of the length of time since then that he has no documentary evidence of the length of time since then of his service
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Before Nathl Paine Judge of Probate for the County of Worcester
Elazer May
Elazer May's name is here on Capt. Mason's Enroll List

We Solomon Gilbert a Clergyman residing in the Town of Brookfield and Allen Newell residing in the same Town hereby certify that we are well acquainted with Ebenezer May who has subscribed and sworn to the above declaration, that we believe him to be seventy five years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Before Nathl. Haine Judge of Probate for the County of Worcester
Solomon Gilbert Allen Newell
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Solomon Gilbert who signed the preceding certificate, is a clergyman , resident in the Town of Brookfield and that Capt Allen Newell who has also signed the same is a resident in the same Town and is a credible person, and that their statement is entitled to credit.
Before Nathl. Haine Judge of Probate for the County of Worcester
I Theophilus Wheeler Reg d Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer May for a pension. That a James Child before whom the annexed affidavit was made, is a justice of the peace in the County of Worcester. The foregoing is a true copy of the original proceedings of the said Court this 29 th day of October in the year of our Lord eighteen hundred and thirty two.
Theophilus Wheeler Reg d of the Court of Probate for said County of Worcester in Massachusetts
Sealed at Brookfield  Plant without the Seal  Florian
Ebenezer May
16.1.32

1675-7
Eliaser May
  Cash  3  Monks & 17 days    Purch  4  do —     7  — 17  
aa
$26.20-
Hon. J. G. Lundall JR

16757  BRIEF in the case of  Eliaser May  County of Worcester  in the State of  Massachusetts  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Court 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? _____ 3. How old is he? 75 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.     enlisted In 1776 July 4 Private Gen. Capt. John Howard, Col. Samuel   discharged 1777-13th August 3 16 Corporal Brewer Capt. A. Mason, Col. S. Cushing.  
5. In what battles was he engaged? Stillwater, & Saratoga N. W. 6. Where did he reside when he entered the service? Worcester Cty. Mass.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary, & 4 witnesses.
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh  Jany. 22. 1833.
Examining Clerk.

Rev. May
11.021 ✓ INVALID.
File No. 11.021
Eleazer May Corp. Rev. Har.
Act: June 7 1932
Index:—Vol. A , Page 288
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Eliaser May 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? 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? 2 Citations
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
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? witnesses
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? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? H. 7.
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 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 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.

I Stephen Newell of Sturbridge in the County of Worcester and Commonwealth of Massachusetts of lawful age testify and say that I Elazar May of Brookfield in the County of Worcester aforesaid, was a corporal in the company of Militia, commanded by Capt Abel Mason in Colonel Job Cushing's Regiment of Massachusetts Bay Militia and that said Elazar, was engaged as a corporal in said company company in the service of the United States from the 13 th day of August A.D. 1777 till the 30 th day of Nov. of the same year. That said company was at the taking of Burgoyne and that said Elazar was there and was engaged in actual service during the whole of said time from said 13 th day of August 1777 till the 30 th day of November of the same year. That I was a private in said company and was with said company, and from my own personal knowledge know that said Elazar served as afore said. And further say not. Stephen Newell
Worcester ss. June 23. 1832
Then personally appeared Stephen Newell, and signed the foregoing deposition and made oath that the same was true. I certify that I am well acquainted with said deponent and that he is an able and proper person before me.
Linus Child Justice of the Peace

I Nathan Brown of Southbridge in the county of Worcester and Commonwealth of Massachusetts of lawful age testify and say that Eleazar May now of Brookfield in the county of Worcester aforesaid was a corporal in the company of Militia under the command of Capt Abel Mason in Colonel Job Cushing's Regiment of Massachusetts Bay Militia and that said Eleazar was engaged as a corporal in said company in the service of the United States from the 13 th day of August A.D. 1777. till the 30 th day of November of the same year that said company was at the taking of Burgoyne and that said Eleazar was there and was engaged in actual service during the whole of said time from said 13 th day of August, 1777. till the 30 th day of Nov. of the same year. That I was a private in said company and was with said company and from my own personal knowledge know that said Eleazar served as aforesaid further say not Nathan Brown
Worcester ss. June 23. 1832
Then personally appeared Nathan Brown and signed the foregoing deposition and made oath that the same was true and certify that I am acquainted with said deponent and that he is entitled to full credit Before me
Levi Child justice of the Peace

I Thomas Cheney of Southbridge in the county of Worcester and Commonwealth of Massachusetts of lawful age testify and say that Eleazer May now of Brookfield in said county, that in the year of our Lord 1776 was a private soldier in the company of Militia commanded by Capt John Noward of Tilton in said county and in Colonel Samuel Brann's Regiment Massachusetts Bay Militia and that said Eleazer May was engaged in the service of the United States as a private soldier with said company for the pe- riod of four months during said year. To wit from about the last of July till about the first of December of the same year, and was stationed with said com- pany at Ticonderoga during said four months. That I was a soldier in said company, was engaged during the said time and at said place and from my own personal knowledge know that said Eleazer May served as aforesaid — and further say not Thomas Cheney
Worcester ss. June 25. 1832 —
Then personally appeared Thomas Che- ney and signed the foregoing deposition and made oath that the same was true and I certify that I am acquainted with said deponent and that he is entitled to full credit before me
Levi Child Justice of the Peace

I William Carter of Woodstock in the County of Hampshire and State of Connecticut of lawful age testify and say Pleaser May know of Brookfield in the County of Worcester and Commonwealth of Massachusetts was a private in the company of Militia under the command of Capt John Howard of Sutton in the County of Worcester aforesaid - and in Col. Samuel Brewer's Regiment at Ticonderoga under the command of General Gates and the said Pleaser was engaged as a private in said company in the service of the United States in the year 1776 the period of four months in said year of 1776 further say not
William Carter
Then personally appeared William Carter and signed the foregoing deposition and made oath that the same was true before me
Jesse Dinsmore Justice of Peace
Commonwealth of Massachusetts As Worcester County Sept. 5. 1832
I hereby certify that I am acquainted with William Carter the aforesaid Deponent and that he is in my opinion entitled to full credit
Darius Wheeler Justice of the Peace