Revolutionary War Pension and Bounty Land Warrant Application File R. 6,228, for James Learned, New Hampshire

SERVICE
NUMBER
N.H. Ut.
Learned, James Theodaty (former widow, remarried Ebenezer Learned)
R. 6,228
CONTENTS

9366. Declaration
Theodoty Leinul
N Ramp 2
Act July 7 th - 38
6228

State of New Hampshire
Coos County - - -
ss.]
On this seventh day of April in the year of our Lord one thousand eight hundred and forty three personally appeared before Joshua Marshall one of the Justices of the Court of Common Pleas within and for the County of Coos aforesaid Theodaty Learned aged seventy years a resident of Eaton in the Province of Canada aged seventy years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the acts of Congress passed July 7, 1838, and the 23d. of August 1842 granting pensions to widows of persons who served during the revolutionary war. That she is the widow of James Learned late of the Town of Bolton in the Province of Canada deceased who was a Private in the Army of the Revolution. She believes he entered the service in the year 1778 or 1779, (she cannot be certain which year) under Lieut. Benjamin Sawyer in a company commanded by Capt. Luther Richerson, she thinks for one year, but how long he served she cannot say; she thinks there are documentary evidence that will show how long he was in this service but she has no such evidence before her at this time. That in the year 1780 the said James Learned entered the service under Lieut. Enoch Hall and served eight months as she believes, That in the year 1781 the said James Learned entered the service under Lieut. Ward Bailey and served a year at least. That the said services under Lieut Enoch Hall & Lieutenant Ward Bailey were performed near Canada line in the vicinity of the Connecticut River and were authorized by the State of Vermont; That the services rendered under Lieut. Sawyer and Capt. Richerson were performed near the Canada line in the vicinity of the Connecticut River. That the said company commanded by Capt. Richardson belong to Col. Timothy Bedel's Regiment.

She also declares that she was married to the said James Learned on the ninth day of December (1790) in the year Seventeen hundred and ninety, that her husband the aforesaid James Learned died on the 14th day of April in the year (1799) seventeen hundred and ninety nine: that she was not married to him, to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety four, Viz: at the time above stated. She further declares that, after the death of the husband aforesaid, she was married to Ebenezer Learned, on the first day of October in the year 1799. That he died on the third day of June in the year (1842) eighteen hundred and forty two; and that she is still a widow. The words aged  seventy  years were erased & the words was  married and since interlined before signed.
Theodoty Learned
Sworn to and subscribed, on the day and year above written before me Joshua Marshall Judge of the Court C. Pleas
I further certify that from age and bodily infirmity the above named Theodoty Learned is unable to attend Court. Joshua Marshall Judge of the Court Common Pleas.
State of New Hampshire. ss.
I James M. Rice, Clerk of the Court of Common Pleas in and for said County of Coos, do hereby certify that Joshua Marshall is a Judge of the Court of Common Pleas for said County as above, and that the signature purporting to be his is genuine.
In Witness whereof I have hereunto set my hand and affixed the seal of said Court this 26th day of July, A. D. 1843.
James M. Rice Clerk

Affidavit J. H. Mills

State of Vermont } Caledonia County ss }
Be it remembered that at Lemington in said County on this first day of October in the year of our Lord One Thousand eight hundred and ninety-nine Eben. Learned and Widow Theodora Learned both of Eaton in the Province of Canada were duly joined in Marriage by me.
James DeForest Justice of Peace I James H. Mills Clerk of the Town of Lemington hereby certify that the foregoing is a true transcript of the record with the exception of the date which is expressed on the records in fair legible figures as follows on this 1 st day of July  October in the year of Our Lord 1799
I James H. Mills above named depose and say that I hold the Office of Town Clerk in Lemington in now the County of Essex and State aforesaid and that the above is a true extract from the records of said Town with the exception above named as certified by me.
James H. Mills Clerk of the town of Lemington
I hereby certify that the alteration in the day of the month and of the month were entered by mistake and corrected by me James H. Mills Town Clerk
State of New Hampshire } Coos ss July 14 th 1843 }
subscribed and sworn to before me Joshua Marshall } Justice of the Peace

I herewith certify that the within named James H. Mills is a credible witness, and retains a good moral character. Joshua Marshall Justice of the Peace
State of Northamptonshire. ss.
I James M. Rice, Clerk of the Court of Common Pleas, in and for said County of Bucks, do hereby certify that Joshua Marshall is a Justice of Peace for said County as above, and that the signature purporting to be his is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 26th day of July, A. D. 1843. James M. Rice Clerk.

Affidavit Lydia Johnson

I Lydia Johnson of Stratford in the County of Coos & State of New Hampshire aged Sixty years do testify that I am a Sister of the Widow Theodaty Learned of Eaton in the Province of Canada, that I was present & saw her married to James Learned, I think I was then seven years old and it was cold weather, I cannot recollect the year any other way than by my age and I do not recollect the month. She was married in the town of Brunswick in the State of Vermont I think by David Gaskill, Esquire.
The said James Learned died in a few years afterwards as I believe and she was after that married to Ebenezer Learned who has since died and that the said Theodaty now resides in Eaton in the Province of Canada and is still living as I believe.
Lydia Johnson
State of New Hampshire } Coos ss. July 18 th 1843 } Then Sworn to and subscribed before me. Joshua Marshall Justice of the Peace

I further certify that I am well acquainted with the within named Lydia Johnson and that she is a credible witness. Joshua Marshall Justice of the Peace
State of Northamptonshire. ss.
I James M. Rice, Clerk of the Court of Com- mon Pleas in and for said County of North- amptonshire do hereby certify that Joshua Marshall is a Justice of the Peace for said County as above, and that the signature purporting to be his is genuine.
In testimony whereof I have here- unto set my hand and affixed the seal of said Court this 26 th day of July, A.D. 1843.
James M. Rice Clerk.

I William Learned of Eaton in the Province of Canada aged thirty one years, do testify and say that I am a son of Theodoty Learned, Widow of Ebenezer Learned, and formerly Widow of James Learned, and say has now in her possession an old account Book on the last page of which is written "James Learned was Born in November the 18th (1760) nineteen hundred & sixty one was married to Theodoty Smith the 9th of December 1790" expired in fifteen hundred ninety. also that then follows the record of the births and death of the children of the said James Learned; that I have resided in the house with my Mother Theodoty Learned, from my birth untill about a year since and have seen the record described above ever since I can remember to have been capable of reading writing and not less than twenty years ago. The hand writing of the above record I do not know but, a record of the death of the said James Learned follows on the same page in my Father Ebenezer Learned's hand writing. as follows "April 4th 1799 Mr. James Learned departed this life." on the same leaf, is the following record also. "Ebenezer Learned born June 26 - 1774 - was married Octo- ber 1 st 1799 To the Widow Theodoty Learned." Then follows the record of my mothers children after she married the said Ebenezer Learned, of which I am the ninth; and this record of the marriage of Ebenezer Learned and the births and deaths of these children is made in my father's Ebenezer Learned's hand writing and was made and has been on said book ever since I can remember. Also that the said Ebenezer died on the 3 d of June 1843 and that the said Theodoty remains a Widow. Wm Learned
I Israel Learned hereby certify that so far as my age will admit I am knowing that the above facts are true being twenty eight years of age and having resided in my mother Theodoty's Learned's family ever since I was born. Also that my Father died on the 3 d day of June 1842 and that the said Theodoty now remains a Widow. Israel Learned

State of New Hampshire } April 7 th 1843 } Then Coos County. ss. } The within named William Learned and Israel Learned personally came before me and severally made solemn oath that the within affidavits by them submitted were just and true. Joshua Marshall Justice of the Peace
I further certify that the above named William Learned and Israel Learned are persons of respectability and are credible witnesses to my knowledge. Joshua Marshall Justice of the Peace
Wm H Small Secretary Official
State of New Hampshire. - ss. I James M. Rice, Clerk of the Court of Common Pleas in and for said County of Coos, do hereby certify that Joshua Marshall is a Justice of the Peace for said County as above and that the signature purporting to be his is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 26 th day of July, A. D. 1843.
James M. Rice Clerk.

James Learned Soldier

W 9366 Theodaty Learned James C. W. Hampson
Letter
Rejected
Let to J. Marshall Sep 23 '42
Act 7 th July '38

Acts of July 14, 1862, and March 3, 1873.
REJECTED
Q228
P. O.
Theodatus Learned
Service: Widow
James Learned
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Hon. J. L. Edwards Commissioner Pensions Pension Office Washington D. C.

Stratford July 31 st 1842
Hon. James L. Edwards, Commissioner Pensions.
Respected Sir. Enclosed herewith are the papers in the application of Theodatus Learned. At the time the declaration was made, the affidavits of Sylvanus Learned & John Hugh were present, and tended to show that the said James Learned served in Capt. Luther Richardson's Co. in Col. Timothy Bedel's Regt. & in Lieut. Ward Bailey's Company in 1781 & 82. I have procured a copy of Capt. Richardson's Pay Roll & find that James Learned's name is not there. I have also procured the copies of Enoch Hall's & Ward Bailey's Rolls, which I herewith enclose. The name of James Learned I find but one time on these rolls. I have procured the affidavit of John Hugh who testifies to the service of the said James Learned in the year 1780. in the company under the command of Enoch Hall. As I do not find the name of James Learned on Capt. Luther Richardson's Pay Roll, I shall not trouble your Honour with any further testimony in this application although I do not doubt that James Learned served a great deal more than appears by the pay rolls of the above named companies, as a substitute for some whose names appear on the rolls. I have been well acquainted

acquainted with all the Leavitt & Hays families more than forty years whose names appear on said rolls - also with many others whose names are on some of said rolls and from a long and familiar acquaintance with many whose names appear on said rolls and a residence in the vicinity for more than fifty years last past and hearing frequently conversations relating to the incidents of the revolutionary war, during that time, I am satisfied that many who did the service as substitutes in those companies are now unable to produce such evidence as will entitle them to a pension, their names not being on the rolls.
Upon the evidence herewith instead the widow submits the said application for your Honors consideration, with confidence your Honors will do that which you shall think is right in the case -
With due respect I subscribe myself your most obed. servt.
Joshua Marshall

I Polly Gamsby of Stratford in the County of Coos and State of New Hampshire aged Twenty years the 28th day of June last past. do testify that I was present and saw Theodaty Learned married to James Learned. Her maiden name was Smith and she was married to the said James Learned by David Gaskill Esquire who was then a Justice of the Peace who acted in that capacity many years. She was married in the town of Brunswick in the State of Vermont in the month of December in the year (1790) Seventeen hundred and ninety but what day of the month I cannot say. The reason that I am sure it was in the year Seventeen hundred and ninety is that I was married to George Gamsby the January previous in the same year by the same David Gaskill Esquire. I further testify that the said James Learned died afterwards how many years I cannot say and the said Theodaty was his widow was married, as I understood to Ebenezer Learned; with whom I know she lived until his death. and that she is now a Widow. and lives in Eaton in the Province of Canada. The words Learned and was were inserted before signed & sworn to
Attest
Polly
X Gamsby
Rufus Gamsby
State of New Hampshire
Coos ss.
April 5th 1848. Then the above named Polly Gamsby made oath to the foregoing affidavit. before me Joshua Marshall Justice of the Peace I further certify that I am well acquainted with the above named Polly Gamsby, and that she is a credible Witness, and sustains a good moral character. Joshua Marshall Justice of the Peace

State of New Hampshire. ss. I James M. Rice clerk of the County Common Pleas in and for said County of Coos, do hereby certify that Joshua Marshall is a justice of the Peace for said County as within and that the certifi- cate purporting to be his is genuine.
In Testimony whereof, I have here- unto set my hand and af- fixed the seal of said Court, this 26th day of July, A.D. 1843. James M. Rice clerk.
Affidavit of Poetry Gunsbury -

I George Marshall of Brunswick in the County of Essex and State of Vermont do testify that I am Town Clerk of Brunswick aforesaid and keep the records of said town, that I have examined the same and find that the said town was not organized until the year Seventeen hundred and ninety six and that there is no record of any marriages prior to that time. July 18 th 1843. The word not interlined before signed.
George Marshall Town Clerk
State of New Hampshire } subscribed and sworn to Coos, ss. July 18 th 1843 } before me Joshua Marshall Just. of the Peace
I further certify that I am well acquainted with the above named George Marshall and that he is a credible witness.
Joshua Marshall Justice of the Peace

Seven Oaks - Affidavit Barnes
State of New Hampshire. Co. of
I James M. Rice Clerk of the Court of Common Pleas in and for said County of Coos do hereby certify that John Marshall is a Justice of the Peace for said County as within and that the signature purporting to be his is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 26th day of July, A.D. 1843.
James M. Rice Clerk.

Affidavit John Huegh

I John Mayh of Canaan in The County of Essex and State of Vermont, a Revolutionary Pensioner of the United States, aged eighty one years, do testify and say that I came into Meadstone in said County of Essex, in August 1779, and enlisted in the service of the United States in the following Spring for the first time, under Lieut. Enoch Hall, and served eight Months or more in that service, that James Learned served at the same time with me, served in said company under said Hall, of that fact I am positive and think I cannot be mistaking, for I can remember several cir- cumstances that took place during the service under said Hall, that the said James Learned was present. That under said Hall we were ordered out two at a time to watch and spy out the Enemy, and were to go to some particular place described in our order, and there leave some token, or evidence, that we had been to the place designated in our order, for the next Scout to bring back, to show we had been faith- ful and performed our duty, and the next Scout had to bring the evidence we left, and leave another for the next - I think that the first Scout that I went was with this same James Learned, and we were ordered to go to the Spectacle Ponds so called That when we first approached a pond called the Mineral said Pond so as to see the water there appeared to be a motion in the water, it being a still time, no wind to move the water, and we crept up to the Pond to see what caused The motion we discovered, and a large Moose came out of said Pond and passed within a short distance of said Learned, after the Moose had passed I discovered said Learned behind a a tree, and asked him why he did not shoot the

Moon, and his reply was That he never thought of it, which I think I never shall forget - but  since  the  spotted  pine  pine  tree  trunk  marked  marked  and  and  a piece of  piece of  shredded  shredded  woolen cloth  woolen cloth . The Squad That went before us had left, and we fluted a bullet and marked it, and left for the next point. I also remember going out with him again the same season to South Stream, within two miles of Canada line. Those circumstances That took place in my first service are as fresh in my mind as if they took place but yesterday much more so than those That took place afterwards, which makes me positive That I cannot mistake in relation to the service of said James Leonard under said Hall - I think That Benjamin Byram, Delia- vann Sawyer and Timothy Nash, were not in the service That year. They all had families and their services were performed by substitutes, That the services of John Hugh three months, were performed by James Hugh my brother. That at That time I signed my name John Hugh Jr - I think That James Leonard must have been a sub- stitute for some one That had engaged him to receive his pay - but who I cannot say - Lieut. Hall was very particu- lar to have all That entitled to provide good equipments and then if they procured a good substitute he accepted them, That I lived or resided when at my Father's within two miles of the family of Leonard. There were four brothers and they were all woodsmen and acquainted with the country and therefore more readily received as substitutes. I recollect camping with said Leonard in August on what was then called The Mineral Bar and of his being and with me from the time I first went out under said Hall until That time and I do not recall being and with him afterwards - and I fix This time from the circumstance of there being more at work in August - which seldom takes place until the first of August - I do not recall any thing of the said Leonard service after That time - John Hughes

State of Vermont } May 18th 1843 Then the before Essex County ss } named John Hugh under solemn oath to the truth of the foregoing Affidavit before me Gilbert L. Frizzle Justice of the Peace
I further certify that I am well acquainted with John Hugh above named and that his mental faculties appear to be sound and that he is a credible Witness Also that the words a bond called the General bond and being now interlined before signed are the words said  Spitaler and this or are Gilbert L. Frizzle Justice of the Peace
State of Vermont } I Allen Goold Clerk of the Essex County ss } County Court in & for said County of Essex aforesaid do hereby certify that Gilbert L. Frizzle is a Justice of the peace in and for said County of Essex duly commis- sioned & qualified that his commission is dated on the 9th day of November 1842 & will expire on the last day of November 1843 & that his signature above written is genuine
In witness whereof I have hereunto affixed the Seal of said Court and Set my hand at Guildhall in said County this 19th day of June in the year of our Lord 1843
Allen Goold Clerk