Revolutionary War Pension and Bounty Land Warrant Application File S. 17,103, for Abner Smith, Massachusetts

SERVICE
NUMBER
Mass
Smith, Abner
S 17103
CONTENTS
carded
born at Dedham, Mass in 1862, there at end res. of Dublin, Cheshire Co. N.H. in 1892

by [unclear] Shayer in the [unclear] 6 [unclear] Mass.
inscribed on the Roll of [unclear] at the rate of 2.0 Dollars — Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 7 th day of Jan. 1833 and sent to [unclear] St Hesper St of Reps Arrears to 4th of Sept 1832 $30 — Penzant. allowance ending 2 Mar 30 : 10 — $40 —
{ Revolutionary Class Act June 7, 1832
Recorded by J. H. [unclear] Clerk Book 2. Vol. 145 Page 185

9257
Alner Smith Private
11. 19 4/3 interrogations not completed with
No 23 1832
M 6 6
6 Month
Gen H Hubbard
H R
$20--
Th. D. Edwards
Keene Chester Co
N H

9257
BRIEF in the case of Cheshire
Abner Smith of Dublin in the State of New Hampshire (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? about
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? _____
3. How old is he? 70
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.     '78 - 1 Oct. - last Dec _____ 3 _____ private Gen. Don't recollect the Capt Richards Colonel   '80 1 Aug _____ 3 _____ " Capt Ballard Col Thayer  
5. In what battles was he engaged? none mentioned
6. Where did he reside when he entered the service? Needham Mass
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Nothing but tradition
8. Are the papers defective as to form or authentication? and if so, in what respect? No Clappman's Certificate
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
M.C. Easton Examining Clerk.

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, ss.
On this ninth day of August 1832 personally appeared in open Court, Before the Hon Aaron Mulson Judge of Probate for said County of Cheshire
now sitting, Abner Smith a resident of Dublin in the county of Cheshire and State of New Hampshire aged Seventy years last March 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 the year 1778, first of October volunteered for three months in Capt Abel Richards Company, the Col I don't recollect, no regiment assembled together — was stationed at Boston the first part of the time, on Wheelwright's wharf — and the latter part of the time at Boston Dorchester at the barracks on the hill — duty was guarding stores — remained remained there until last of December — and dismissed there. —
2 o In 1780 — first of August enlisted for three months, expected to go to Gloucestre Navy Yard — in Captain Bullard's Company, Col Thayers Regiment — was marched to Rhode Island — first to Newton — Cross Howlands ferry — went up to Newport, worked on a fort with French Soldiers — The French fleet lay there — & a large number of French Soldiers — remained there until our time was expiring and moved back to Battle Hill and dismissed there at the end of my term. — was in the Massachusetts Militia both terms.
was born in Dedham Mass in 1762 — has a record in his Bible & has seen it on the Town book at Dedham. —
was living at said Dedham when called into the service — have lived in said Dedham and Dublin since the Revolutionary War. — the last forty years in Dublin where I now live was a volunteer in both services. —
no Continental officers where I first served only a few Companies about to guard stores. —
In my second service recollects that there were some other regiments besides the French troops but can't

recollect the names of officers — never read any written discharge. —
Ebenezer Hemenway of Marlborough and Elias Towner of Roxbury both in the county of Cheshire, are acquainted with me and can testify to my veracity and their belief of my services. —
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.
Alner Smith
Sworn to and subscribed the day and year aforesaid.
before me Aaron Watson Judge of Probate
We, Ebenezer Hemenway of Marlborough, living within forty rods of said Alner Smith though in different towns and having lived in the same neighborhood with him for forty years — and Elias Towner of Roxbury living near said Smith — hereby certify, that we are acquainted with said Alner Smith who has subscribed and sworn to the above declaration; that we believe him to be twenty-one 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.
Ebenezer Hemenway Elias Towner
Sworn and subscribed the day and year aforesaid.
before me Aaron Watson Judge of Probate
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 certifies, that it appears to them that Ebenezer Hemenway who has signed the preceding certificate is a resident of Marlborough aforesaid, and that Elias Towner who has also signed the same is a resident of Roxbury aforesaid and are credible persons and that their statement is entitled to credit.
Aaron Watson Judge of Probate
I, Asa Parker Register of the Court of Probate for the County of Cheshire do hereby certify, that the foregoing contains the original proceedings of the Court in the matter of the application of Alner Smith for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this ninth day of August A.D. 1832 —
Asa Parker } Register of said Court of Probate

I. Elijah Willard, a clergyman residing in Dublin in the County of Cheshire and Hampshire, hereby certify that I am acquainted with Abner Smith who has subscribed and sworn to the within declaration that he believes him to be twenty years of age - that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that I concur in that opinion -
Elijah Willard.
Cheshire ss.
Subscribed & sworn to by Elijah Willard above named known to me as a clergyman of Dublin aforesaid, this 7 th day of December 1832
Before me
Sepricite Newcomb Justice of the Peace
Declaration of Abner Smith Dublin Cheshire ss.
State of N. Hampshire
Cheshire ss Dec 25. 1832 - personally appeared before the subscriber a Justice of the Peace within for said county Abner Smith known to me as the same person who subscribed and made oath to the within declaration, and now on oath says that he does not know of any living witnesses, who had personal knowledge of his services, in his said declaration mentioned - that the place from whence he went into said services is about ninety miles from his present residence. -
Subscribed & sworn to the day & year aforesaid
Abner Smith
Before me Thomas M. Edwards, Jas. Pease
Cheshire ss. Dec 25. 1832
I Salma Hale, clerk of the Judicial Courts in said county certify that Sepricite Newcomb and Thomas M. Edwards are justices of the Peace in said for said county - and I believe that the two foregoing official signatures are each in the hand writing of the Justice it purports to be In testimony whereof I hereunto affix the seal of our Superior Court of Judicature. S. Hale clerk

17103 INVALID.
File No. 17103
Abner Smith
Br. New York
Act: June 7 th 89
Index:—Vol. 1 , Page 355
[Arrangement of 1870.]

9257 Abner Smith
Return to A. Brown A. G. P.
W. M. Edwards Keene, Cheshire NH

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Abner Smith which require further proof or explanation.
I. Does the declaration show where the applicant resides? Y II. Did the declarant make the declaration in the county where he resides? Y 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? Y 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? Y VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Y VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Y VIII. Has the Court given their opinion? Y IX. Has the Clerk given his certificate? Y 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? Y

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 ? No
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 ? 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?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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 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.