Revolutionary War Pension and Bounty Land Warrant Application File S. 29,294, for Elijah Leathe, Massachusetts

SERVICE
NUMBER
Mass.
Leathe, Elijah
S 29,294
CONTENTS

78 Middletown
15.907 Massachusetts Elijah Seathe Middletown in the State of Mass. who was a private in the Cont. commanded by Captain Richardson of the Regt. commanded by Col. Hovey in the Mass. time for 1 Yr.
Inscribed on the Roll of Mass at the rate of 40 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of Aug. 1832 and by Mr. M c Richard M c Woburn
Arrears to the 4th of March '31 $ 80 Semi-ant. allowance ending 4 th Sep r '31 20 $100
Revolutionary Claim, Act June 7, 1832.
Recorded by C. A. Hovey Clerk Book E Vol. 2 Page 52

N o 6612.
Edwin L. Smith

And the said James P. [?] does hereby declare his opinion, that after investigating the matter of putting interrogatories, proposed by the War Department, that the above named officer was a soldier in the Revolution & served as he states.
And the undersigned further certifies, that it appears to them, that Wymen Richardson & Jonathan Tidd , who have signed the preceding certificates, are residents residents in said Madison, & credible persons, & their statement is entitled to credit.
J. C. P. Gray Robt
I Isaac Stokes Register of the Court of Probate in and for the County of Middlesex do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of Ebenezer Ladd for a pension.
In testimony whereof I have hereunto set my hand and seal of office this twenty second day of August in the year of our Lord one thousand eight hundred and thirty two.
I also certify that Wymen Richardson , whose own proper signature is set to the certificate on the depositions of Jonathan Tyler , Ebenezer Ladd & Joshua Reed , is a Justice of the Peace within said county.
In testimony whereof I have hereunto set my hand & seal of office this twenty second day of August A.D. 1832
Isaac Stokes

Charlestown of Massachusetts.
Middlesex ss.
On this twenty second day of August A.D. 1832 personally appeared in open Court before the Hon. John D. Sleeper now sitting at Charlestown within and for the County of Middlesex aforesaid
William L. Chaplin aged seventy six years, resident in
Who being 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 is to say
He was first raised, & mustered to Lexington, on the morning of the 19th of April 1775. He remained in that vicinity for a few days after that, enlisted for eight months service in Capt. James Prescott's Company of Col. Prescott's Regiment. He was stationed at Cambridge in the winter of that year, & marched on the 17th of Decr. 1775, was dismissed at Cambridge about the last of December.
For 1776, Capt. Chaplin was drafted from the Middlesex Regiment in Capt. Abraham Haskell's Company - Col. Prescott's Regiment. - Was in the battle on Bunker's Hill in September. He was then in the service of Genl. Burgoyne, - then marched to Albany & White Plains, & skirmished near the first place, about the 1st of December. He has no written discharges, but he has no other evidence than the Deposition, annexed to the affidavit of Jonathan Didd & William Shipard.

and also, with the said William - there being no Clergyman, the said William, who could certify the same, whom I could procure at the time.
He relinquishes every claim, whatever, to a pension or annuity whatever, 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
Elijah Leathe 5
We William Richardson of William Jonathan Field of William
a Clergyman residing in the town of
in the County of Conway, New Hampshire
hereby certify that we are well acquainted with Elijah Leathe who has subscribed and sworn to the above, and that we believe him to be seventy six years of age, that he is reputed and believed in the neighborhood, where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid,
William Richardson 5 Jonathan Field
And the said Court thereupon proceeded to propound the following interrogatories, which he answered under oath, as follows :
1. Where and in what year were you born ?
Answer, in said William, in 1755, 12 of August
2. Have you any record of your age, and where is it ?
Answer, I have - in said William
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live ?
always in said William
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom ?
Answer, enlisted right in town at Cambridge - was drafted place monthly as a substitute
5. State the names of some of the regular Officers, who were with the troops, where you served, such Continental, and Militia Regiments, as you can recollect, and the general circumstances of your service ?
Answer, Genl. B. Harrington - Genl. Ward - Col. - Fry - Col. Lewis who was in the - was in Cambridge, all the time
6. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a Soldier of the Revolution ?
Answer, Col. David Root - Col. John Hale - William Richardson - Bartholemew Richardson - Elijah Leathe

Like the late George L. Thomas does hereby declare his opinion, that after investigation the matter of putting interrogatories, prescribed by the War Department, that the above named officer was a soldier in the Revolution & served as he states.
And the undersigned further certifies, that it appears to them, that Wymen Richardson & Jonathan Field, who have signed the preceding certificates, are residents residents in good faith, & credible persons, & their statement is entitled to credit.
J. C. P. May W. B. B.
I Isaac Droke Register of the Court of Probate in and for the County of Middlesex do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of Elyah Leathe for a pension.
In testimony whereof I have hereunto set my hand and seal of office this twenty second day of August in the year of our Lord one thousand eight hundred and thirty two.
I also certify that Wymen Richardson, whose name and signature is set to the certificate on the depositions of Jonathan Tyler, Elyah Leathe & Joshua Reed, is a Justice of the Peace within said county.
In testimony whereof I have hereunto set my hand & seal of office this twenty second day of August A.D. 1832
Isaac Droke

6612
Elijah Leathe
Plant 12 m
W. O E
16 Oct 29 1833
P. 361
Wyman Richardson Woburn Mass

6612
BRIEF in the case of  Elijah Leathep  of Middlesex Co. in the State of Mass  (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? 76  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.     19 April 75. In 17 Volunteer Gen.   a few days after to 8 Mustered Col. Richardson — Col. Foy   about last of Dec r 75 10 " Col. Hovey — Col. Bullard   last of July 77 to Dec r  
 5. In what battles was he engaged? Leyington Bunkerhill — Bunkerhill — Bunkerhill — Bunkerhill — Bunkerhill — Bunkerhill — Bunkerhill — Bunkerhill — Bunkerhill — Bunkerhill  6. Where did he reside when he entered the service? Woburn 
 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 
R
Three living witnesses
 8. Are the papers defective as to form or authentication? and if so, in what respect? 
Depositions not properly authenticated
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm. C. Eastman Examining Clerk.
Jan 33

6612
Elijah Leathe
Wymon Richardson
Woburn Mass

S.P. The Clerk mentions the recd. under S.P. 112 It is presumed to be included in the answers of Mr. Thompson
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Elijah Leathe 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 ? Yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had ? Yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service ? Yes
XVI. ‡ Are the papers authenticated as the regulations direct ? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ? And, if not, which of them is not so answered ? 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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

In reply to your request for a statement of the military history of Ebenezer Dyer , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     a few days after April 1775 8 mos. Thomas Richardson Frye Mass.   July 1777 4 mos. Abraham Foster Phillips "              
Battles engaged in, Lexington, Bunker Hill, First Battle of Bunker Hill . Residence of soldier at enlistment, Woburn Mass. Date of application for pension, Aug 22 1834. His claim was allowed Residence at date of application, Woburn Mass. Age at date of application, 6 Aug 12 1755. Woburn Mass. 
Remarks: No family data

Aug 7, 33
15907
Woburn Mass. Jan 29 '07
Can you inform me if the name of Elijah Leathe appears on the pension rolls of Soldiers of the Revolution. Mr Leathe lived in Woburn Mass. If the name appears, will you kindly send me a record of his service in the Revolutionary War.
Very truly Benj. L. Trull
22 Arlington Road
Woburn Mass
P.S. The name may be written Lathe.

29 294 Rev INVALID.
1907 Feb. 8. Hist. to Benj. L. Trull and
File No. 29,294
Elijah Leathe
Rev Rev War
Act: June 7 th 82 nd
Index:—Vol. 9 , Page 241
[Arrangement of 1870.]

for house wood for Elijah Lathrop 4 1/2 months - 1813-14 174

Johnathan D. Waldo in the County of ... in Massachusetts, sixty nine years of age, testifying says that I have always been accom- panied with Elizabeth D. Waldo & said Waldo. We were both born, I have always lived in ... Waldo in some neighborhood. In ... than ... I well remember said Waldo went with others before night, on the morning of the 19 th of April 1775 to Lex- ington & Concord. A few days after the said Waldo went with many others to Cambridge & remained there with the army about eight months. Captain Jonas Bathandrum of said Waldo was there Captain, in Colonel my Regiment, ... I was about thirty years old then & did not do military duty and my father was in the same Com- pany with said Waldo & I frequently went to Cambridge & saw the all the men be- longing to Waldo. I afterwards entered the army in 1776. I knew that said Waldo was in the army in 1777 for about four months at the time General Burgoyne surrendered, as he is still living ... for live held
Witness my hand this 3 rd of ... When the above was ... who is a ... ... I am ... personally ... the truth of the ... by ... ... Mr. ...

Alison Mason for Elyon Leath 8 March - 1875
in memory of Elyon Leath 1810 - 1875 his wife 1815 - 1875

Alanson Mason of Wadsworth in the County of Onondaga, State of New York, of seventy eight years of age. Testifying & says he was well acquainted with Elisha Leathe, the  the  the  the , belonging to said Wadsworth, in the Revolutionary war & long before, that period I enlisted sometime in April, seventeen hundred & seventy five into the Conti- nental army, stationed at Cambridge in said State for the term of eight months under Captain Jonas Richardson, in the Regiment commanded by Colonel Brig Said Company remained with the Army at Cambridge until my time ex- pired, I believe the last of December same year - Said Elisha Leathe enlisted into the same Company & joined & did duty in it for the said term of eight months & was dismissed at Cambridge at the ex- piration of it. Said Leathe & myself with all our Company were at work on Bunker Hill the night previous to the battle of the 17 th June 1775 -
Attest, to the Deposition marks - Alanson Mason Wadsworth Richardson mark 
Subscribed & sworn to this 6 th day of August 1832. Then Alanson Mason above named, who is a credible witness, subscribed & entitled to confidence, personally appeared & made oath to the truth of the above affidavit by him signed in his hands or else - ? Alanson Before Me. Wadsworth Richardson of the  year 

Grandfather for Lydia's birth 4 months in 1844
5

Jonathan Tyler, seventy two years of age, of Walum in the County of Middlesex - Mass. Massachusetts, Commonwealth, testified, I says he always lived in said town & has ever been acquaint- ed with Elijah Leathe of said town, Mass. In seventeen hundred & seventy seven  on or about the first day of the  month of month of August I volunteered to march to the westward & join the Mass- achusetts Army I went to Bensen's Station, there to Char- lestown. - there said Leathe was drafted out of the Militia in Walum & put into the same Company with me, under Captain Abraham Foster. I marched under Colonel Colonel Lt. Col. Brown, in Col. Bullard Regiment. - There we marched to Still- water & Saratoga & were in the Battle of the seventeenth of October of that year, when Genl. Burgoyne surrendered, - after that we marched to Albany - thence to Whiteplains and we were dismissed at the same time as the rest of the Army the first day of December of that year  at a distance of from Whiteplains -  having been never  flour matter. I am know- ing to said Leathe living near matter in the service & was with him & saw him almost daily. Jonathan Tyler
Subscribed to August 6, 1862. Then the above named Jonathan Tyler, who is a credible witness, testified to confidence, personal ap- pearance, and to the truth of the fore- going statement by him signed. By me W. Hyatt Millard } affidavit } of the } year