Revolutionary War Pension and Bounty Land Warrant Application File S. 44,481, for Eliphalet Kilburn, Massachusetts

SERVICE
NUMBER
Continental Mass.
Kilburn, Eliphalet or Eliphelet
S. 44,481
CONTENTS

1458
Wm Hampshire
Elizabeth Gilborn
of Boscawen the State of N H who was a Sgt in the Company commanded by Captain [blank] of the Regt commanded by Col Little in the Mass line for 2 Years from 1775 Continental
Inserted on the Roll of N H at the rate of 20 Dollars - Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 5 th day of December 1832 and sent to Boscawen Wm Hampshire N H
As was in List of Sept 1832 $ 80-- Pension allowance ending Dec 1832 00-- $ 240--
{ Revolutionary Chm, } { No. June 7, 1832. }
Recorded by [blank] Clerk Book [blank] Vol. 135/ Page 165.

Elphinstone Kilburn
M 9301
2 years Sergeant
Admitted
S120
From P. G. West America N.Y.

Old Case  BRIEF in the case of  Elphalet Stillburn  of  Boscawin  in the State of  New Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge?  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 79 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.     May In 17 75 " 8 " Private Col Little   76 1 " " Sergeant Capt. Gernon & Col Little   77 " 4 " " Col Johnson   78 " 4 " " Col Tracy   79 " 4 " " Col Gernon  
 5. In what battles was he engaged? Bunker Hill  6. Where did he reside when he entered the service? Cambridge & Up  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditionary evidence & incidental proof  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.
Edw. A. Dorsa Examining Clerk.

934 Buscann

DECLARATION
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, ss. At a Court of Probate now sitting County of Merrimack
On this 28 th day of August 1832, personally appeared in open Court before the Judge of the Court of Probate for said County , now sitting, Eliphalet Kilborn a resident of Boscawen in the County of Merrimack and State of N. H. aged 79 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, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated— That he enlisted in 1775 at Cambridge Mass. as a private in Capt Jacob Ginn's Col n Mass. Inf t in the continental service for eight months was in the Boston Neck Battle & Siege the remainder of the eight months at Cambridge after said and during which time he enlisted in Cambridge again in the continental service in 1776 under the same Officers as a Sargeant for one year and remained at Cambridge till the British left Boston then went to New York , New Jersey & Delaware served the year out and discharged in New Jersey . In 1777 enlisted in Rowley Mass. as Sargeant for six months in Col n Massachusetts Militia under Capt Benjamin Adams — Col n Johnson's Reg t and marched directly to Bennington , the Battle was over before we arrived, then to Mount Independence , thence to Stillwater to the Grand Army under command of Gen Gates , remained there until the surrender of Brig d Burgoyne , then went down the River & joined Gen Putnam , in New York near White Plains , and remained there until the expiration of the term and discharged, had no written discharge. In 1778 enlisted in the same  Rowley again as a Sargeant for six months in Capt Evans Company, Col n Mass. Inf t and marched directly to Rhode Island and remained six months out and dismissed. In 1779 enlisted in Rowley Mass. as Sargeant for four months in Capt King's Company in Col n Jacob Ginn's Reg t of Mass. Militia and marched directly to Grubbs Creek New York there served the four months out and dismissed had no written discharge —
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.
Eliphalet Kilborn
Sworn to and subscribed, the 28 th day of August A.D. 1832
We, Ebenezer Price a Clergyman residing in Boscawen and Joseph Ames residing in Boscawen hereby certify, that we are well acquainted with Eliphalet Kilborn , who has subscribed and sworn to the above declaration; that we believe him to be 79 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 Price
Sworn and subscribed the 28 th day of August  Joseph Ames
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 certifies, that it appears to them that Ebenezer Price who has signed the preceding certificate, is a Clergyman resident in the said Boscawen and that Joseph Ames , who has also signed the same is a resident in the same Boscawen and are credible persons, and that their statement is entitled to credit. Boswell Stevens Judge of Probate
H.B. Chase, Register of the Court of Probate for the County of Merrimack do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of the said Eliphalet Kilborn for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 28 th day of August , A.D. 1832.
H.B. Chase, Register of Probate.

Copy 220 Elizabeth Hilbourn

STATE OF NEW-HAMPSHIRE.
HILLSBOROUGH, SS.
At a Court of Common Pleas for the first district, holden at Hopkinton in said county of Hillsborough, on this twelfth day of July, 1820, being a court of record; having power of fine and imprisonment, and unlimited Jurisdiction in point of amount.
PRESENT
The Hon. { JOSHUA DARLING, } Justices. JEDIDIAH K. SMITH,
Personally appeared, in open court, Eliphalel Gilbourn aged 62 years, resident in Bethlehem in said county, who being first duly sworn, according to law, doth on his oath declare, that he served in the revolutionary war as follows, to wit:— that he enlisted in December 1776 and served in Capt Jacob Garrison's Company and in Colonel Moses Little's Regiment in the Massachusetts Line one year and in several other enlistments to the amount of twenty months.
the date of my original declaration was on the thirteenth day of September Anno Domini, 18 19 I have received a pension, the certificate of which is numbered 15597 on the back thereof.
And I do solemnly Swear that I was a resident citizen of the United States on the 18th day of March 1818, and that I have not since that time, by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of the act of Congress entitled "an act to provide for certain persons engaged in the land or naval service of the United States in the Revolutionary War, passed on the 18th day of March, 1818;" and that I have not, nor has any person in trust for me, any property or securities, contracts or debts, due to me; nor have I any income, other than what is contained in the following schedule, by me subscribed.
   1 Farm 10000.00   Tables & chairs 8.00   Chests & Drawers 1.00   1 Coffee Kettle 1.00   Iron Ware 2.50   Tin & Pewter Ware 2.00   Crockery & Brown Ware 1.50   4 Silver Spoons (old & poor) 2.   Sacks Pails old Barrels and other articles old Furniture 18.00   1 Loom 46 4.00   1 Single Sleigh 46 20.00   Chairs 300 2 Ax 143 Hoes 442   1064.42  

  amount bro't forward 1064 42   Pitchforks Rakes & Scythes 2 50   1 Pr Oxen 40, 00   5 Cows 50, 00   3 young cattle 25, 00   14 years old Horse 35, 00   Swine 20, 00   16 Sheep & 16 2 Calves 5, 00 21, 00   1 Pew in the Meeting House 12, 00     1 Pr andiron & shovel & tongs 1269 92   15 acres wood Land 1 50   36 00     Glowses Mary Abbot & 25 00 1307 42   " David ball 18 00   " Sunday Papers in acct 20 00     63, 00 
Eliphalet Kilburn
My occupation is that of Farmer out of health caused by a rupture which is very painful & troublesome frequently
My family, residing with me, consists of a Wife aged 58 years a weakly woman & Six Children Enoch aged 34 sick & cannot labor much. Sally 22 in health, Clarissa aged 20 sick now and no prospect of her immediate recovery Phoebe 16 in sound health Eliphalet aged 15 in good health, Moody 12 years also in health Eliphalet Kilburn
Sworn to and declared in open court, on the Anno Domini, 1820.
12 Day of July 1820
M Eastman
I MOSES EASTMAN, Clerk of the above named Court, do hereby certify, that the foregoing declaration and oath and the schedule thereto annexed, are truly copied from the record of the said Court; and I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited, in the foregoing schedule, is $1307.42 and that said Kilburn owns a State
In testimony whereof I have hereunto set my hand and affixed the seal of the said court, on this 12 th day of July, 1820.
M Eastman
Clerk of the Court of Common Pleas for the County of Hillsborough.

15.597 B New Hampshire
Elizabeth Williams
of Hillsborough in the state of New Hampshire who was a Private in the regiment commanded by Colonel Wigglesworth of the New Hampshire line, for the term of one year
Inscribed on the roll of New Hampshire at the rate of 8 Dollars per month, to commence on the 30 of Sept 1819.
Certificate of Pension issued the 9 th of Nov 1819 and sent to Joshua H. H. H. Esq. Judge of Hillsborough, New Hampshire
Wears to 4th of Portion of semi-ann. all'ce ending 4 Mar 1820: $41. 29 ($41. 29)
{ Revolutionary claim, Act 18th March, 1818. }
Discontinued #1307.
Note sent to M rs Eastman Salisbury - 25 th July 1820.

Lawrence Lowell, Mass. W. B. W. B. Mass. W. B.
No. 437 INVALID.
Oct. 1/99 H. D. Morse H. Brooks, 118 Funder St. Nov. 1/99 N. 371 1/2 St. Fuller St. Walhalla.
File No. _____
_____
_____
Act: _____
Index:—Vol. _____, Page 218
[Arrangement of 1870.]

E. T. Shick ston, Mass M.E.
Nov. 1653 Vol. 6 457 Mass. Ave. B30
44481
Rev INVALID.
File No. 44481
Eliphalet Gilburn Prim. Rev. Wm.
Act: 18 th March 1818
Index:—Vol. 3, Page 276
[Arrangement of 1870.]

Boston Oct 19. 1895
Pension Office Washington DC
Gentlemen
Will you please furnish me with a copy of the Revolutionary Military War Record of Samuel & Lemuel Fowler and Ephraim Kelbourn all of Newbury Mass, also one by the name of Shick (sometimes spelled Shick or Schick) of Peru, the archives of Peru only give the name

Shick as arranged in alphabetical order among many others.
Respectfully Yours,
E. H. Shick
#457 Mass Ave Boston Mass.

Eliphalit Gilburne's Affidavit on application for Pension.
Col d Little & Wiggensworth's
Map s Pres t .
1776 - 1 year -
30 Sept. 1819.

I Elisha Hildburn of Rossemore in the County of Hillsborough and State of New Hampshire aged Sixty Seven years, on oath do testify and declare, That I served in the army of the United States in the war of the revolution (and on the Continental Establishment as follows - vizt In the month of April 1775 I entered the Service at the Battle of Lexington so called, (and was in the Battle of Bunkerhill in June afterwards - In May 1775 on the 28th of that month I enlisted regularly into Captain Jacob Gerrish's Company - in the 1 st Massachusett Regiment (under Colonel Moses Little, in the Light Infantry Service so called and the day before the expiration of that term of service, enlisted again into the same Company and same Regiment for the year's service, and did duty in that Company until about the last of April 1776, when I was transferred to Captain William Ropes Company, in Colonel Wigglesworth Regiment, with which regiment I went to Sicunderga, and served until the last of December of that year when I was discharged. In the year 1777 I again entered the Army, in Captain Benjamin Adams Company served five months (and was at the taking Burgoyne, afterwards served five months at Rhode Island in Captain Dwan's Company and again in Colonel Conish's Company for four months, in Captain Perkins's Company - At the several periods above mentioned I received regular and honorable discharges - But I am not now able to find any and suppose they are lost. I do further swear that by reason of my reduced circumstances in life I am in need of Assistance from my Country for support
Elisha Hildburn
I further declare upon oath that I performed the whole of the year 1776 Service in the Massachusetts Line in the Continental establishment.
Sept r 30, 1819
Elisha Hildburn
Hillsborough N. State of New Hampshire } Sept r 30. 1819
Then personally appeared the above named Deacon Elisha Hildburn and made solemn oath that the foregoing affidavit by him subscribed is just and true
Before me Joshua Darling } one of the associate judges of the Court of Common Pleas for the First District Hillsborough County New Hampshire

Joshua Darling Judge of the Court as aforesaid do hereby certify that it appears to my satisfaction that the said Eliphalet Williams served in the revolutionary War on the continental Establishment against the common enemy more than nine months at one period of continued service. I further certify that it appears to my satisfaction that the said Applicant is in reduced circumstances in life and stands in need of assistance from his country for support Given under my hand & the Seal of said Court this 30 th day of September A D 1819
Joshua Darling
State of New Hampshire
Hillsborough ss. I Moses Eastman Clerk of the Court of Common Pleas for the first District in the County of Hillsborough & State of New Hampshire do certify that the Hon Joshua Darling is a Judge of said Court that the above is his signature & that the Seal hereto affixed is the seal of said Court
Moses Eastman Clerk

Samuel Huse of Newburyport in the County of Essex and Commonwealth of Massachusetts, Gentlemen, on oath do testify and declare, that Eliphalet Kilburn now of Bowdoin in the State of New Hampshire, who is about making application to the Government of the United States for the benefit of the act of Congress of the 18th of March 1818, is well known to me. I do know that he enlisted into the Army of the United States, and served therein in the War of the Revolution, on the Continental establishment, more than nine months in continuance. He first enlisted in Captain Jacob Gerrish's Company, in Colonel Moses Little's Regiment, in the First Eight Months Service in 1775, and that at the expiration of that time, he again enlisted for the same Company, to serve for one year. I was, at the time last mentioned, a Lieutenant in said Gerrish's Company, but I am unable to say at this time, how long he served, as when the Regiment left Cambridge for New York, which was in March or April 1776, he left the Company, and as I afterwards understand when with Major Roger's in Colonel Edward Wigglesworth's Regiment to Ticonderoga. I have however not the smallest doubt on my mind of the services of the said Kilburn, more than nine months in continuance. I have no interest whatever in said Kilburn's application for a pension. I am Huse
Benjamin Pearson of Newburyport aforesaid, on oath do testify and declare, that I well know Eliphalet Kilburn above named. I do know that he enlisted in May 1775, in the Eight Months Service so called, in Captain Jacob Gerrish's Company and in Colonel Moses Little's Regiment, and served faithfully until January 1776, when he enlisted for the Year's Service in the same Company, and Regiment, and served until the Regiment left Cambridge for New York, when he left for his engagement with Major Roger's in Colonel Wigglesworth's Regiment. I was then Major of said Regiment and am testifying to the service of the said Kilburn as above stated, which was then more than nine months in continuance, and have no doubt of further Service under Colonel Wigglesworth, but am not able to testify of my own knowledge, as I remained in said Colonel Little's Regiment, and went with them to New York, and did not see him afterwards. I have no interest whatever in his application for a pension. Benjamin Pearson

I Nathaniel Adams of Newbury in the county of Essex, late a lieutenant in the Army of the United States, in the war of the Revolution, on oath do testify and declare, that I well know the within named Eliphalet Kilburn, and well remember that he was a Soldier in Captain Jacob Gerrish's company, in Colonel Moses Little's Regiment, in the first eight months service (so called) and served that term in the year 1775: that in the beginning of the year 1776 he again enlisted in the same company, to serve one year, and continued in the company until the Regiment left Cambridge, which I think was in April of the same year; when the said Kilburn with myself and several others, entered into Captain William Rogers Company, afterwards commanded by Joshua French, under Colonel Wigglesworth, on the Expedition to Canada; in which Regiment his term of service was completed: said Eliphalet was in the first service a Corporal, and in the second company was a Sergeant, and having served with him from his first enlistment until the end of the Campaign to Tienderoga, I am able to state of my own knowledge, that he served in the Army of the United States, in the war of the Revolution, and on the continental establishment, more than nine months in continuous service, and was faithful in the discharge of his duty. — I have no interest whatever in his application for a pension. Nathaniel Adams
I Edward Wigglesworth the Colonel above named, on oath do testify and say, that a man by the name of Eliphalet Kilburn, was a Sergeant in Captain W m Rogers Company in the Regiment under command, and served therein at Tienderoga in the year 1776; and having been Eliphalet Kilburn, the above and within named applicant, I have no doubt he is the same person. — he must have been in that service nearly eight months — The Regiment at that time having been paid off at Albany — It is probable the regular returns for the whole service were not returned. — I have no interest in his application for a pension. Ed d Wigglesworth

Common-wealth of Massachusetts.
Essex Town of Newburyport
Be it known by these presents that on the fifteenth day of September in the year of our Lord, one thousand eight hundred and nineteen, before me the subscriber Notary Public for the county of Essex, by legal authority admitted and sworn, and a Justice of the Peace and Quorum Viv and for said county residing therein, personally came Samuel Huse and Benjamin Pearson, whose names are subscribed to the within written Affidavit and generally made oath to the truth of the same, and also on the sixteenth day of the same September, personally came Nathaniel Adams and Edward Wieglesworth Esquire, and generally made oath to the truth of the aforewritten Affidavit in all them respectively subscribed. And I the said Notary do certify that the said Samuel Huse, Benjamin Pearson, Nathaniel Adams and Edward Wieglesworth are all personally known to me, that they are all credible witnesses and believed by me to be disinterested.
In testimony whereof, I have also hereunto set my hand and affixed my Seal of Office the day, month and year last above written.
William D. Dab

We the Subscribers Inhabitants of the Town of Bosca- in the County of Hillsborough and State of New- Hampshire testify and say that we are well acquainted with Eliphelet Milborn of Bosca- in said County and know him to be in reduced circumstances in regard to property and by reason of age and infirmity is unable to support his large Family by labour and is in need of assistance from the government of his Country for support
James Giddings
State of New Hampshire } Hillsborough ss }
Samuel Fowler
September 27 th 1819 Personally appeared the above named James Giddings & Samuel Fowler and made solemn Oath that the above Affidavit by them subscribed is just and true
Before me
Hezekiah Fellows Justice
I the subscriber certify that the above named Depts James Giddings & Samuel Fowler are credible - and they say disinterested witnesses -
Hezekiah Fellows

Elephant R. Brown
109301
From J. G. West Cincinnati N.H.C.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of W. Upward Kilburn  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? 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? 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? Documentary Not if 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.

Elizabeth Willburn
Payable semi-annually. The first payment on this Certificate will be made on the 4th of March next, in Plymouth Not at the Plymouth Bank W.P.
3
W.P. 1856
165.50

War Department.
REVOLUTIONARY CLAIM.
I CERTIFY that, in conformity with the Law of the United States, of the 18th March, 1818.
Elphalet Willburn late a Private in the Army of the Revolution, is inscribed on the Pension List, Roll of the New Hampshire Agency, at the rate of eight dollars per month, to com- mence on the thirtieth day of September one thousand eight hundred and nineteen .
GIVEN at the War Office of the United States, this first day of November one thousand eight hundred and nineteen .
J. C. Calhoun Secretary of War.