Revolutionary War Pension and Bounty Land Warrant Application File W. 24,612, for Theophilus Luther, Massachusetts

SERVICE
NUMBER _____
Mass. P.J.
Luther, Theophilus Zilpha
N 24 612
CONTENTS

4050.
New York Albany
Zilpha Luther
widow of Theophilus
who served in the Revolutionary
war, as a Private
Inscribed on the Roll at the rate of 80 Dollars
Cents per annum, to commence on the 1st day of March, 1848.
24 April
Certificate of Pension issued the 27 day of Feb y 1849 and sent to
Hon. N. Putnam N of B
Recorded on Roll of Pensioners under act February 2, 1848, Page 120 Vol. 4.

20.757 New York Theophilus Luther of Castile, in the State of New York who was a Private in the Corp commanded by Captain Gar of the Regt. commanded by Col. Gray in the line for Tullahoma R.I.
Inscribed on the Roll of New York at the rate of 80 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 nd day of Aug. 1833 and unto J.B. Walter Castile
Arrears to the 4th of Sep. 33 $ 200 Semi-ant. allowance ending 4th 24 40 $ 240
Revolutionary Claim, Not June 7, 1832.
Recorded by J. Stevens Clerk Book E. Vol. 1. Page 66

I James Sprout, Clerk of the County of Bristol County, Massachusetts - Certify, that I have the custody of the Judicial Records of said County & that upon the Book of Records of Marriages in my office, under the "Swansey List of Marriages, receiv. d Sept. r 1787" the following Entry appears -
"Theophilus Luther & Lillpha Shearman both of Swansey were married, Nov. r 13. 1785"
And it further appears by the same Records, that the said Theophilus Luther & Lillpha Shearman were married in Swansey by Russell Mason, Elder of a "Church of Christ in Swansey."
J. Sprout.
Clerks office, Newton. Nov. r 4. th 1848.

12. 952 Theophilus Lathrop Genesee Co. N York
On rolls of Cray
5. P. 374
Admitted Parole 2 years 1 May
J. B. Halstead Castile N.Y.

BRIEF in the case of  Theophilus Suther of Castile, Genesee Co: in the State of New York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 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. As a Gen.     25 Dec r In 1776 to Mar 25 1778. — In 1778. to 9. 1 — 3 — 0 — private Capt n Rich d Carr Col o Archibald Crary Capt n Joshua Sawyer — Col o Rob t Elliott. of Gen l Sullivan May 10 th Barton   1 — — — "  
 5. In what battles was he engaged? Rhode Island under Gen l Sullivan  6. Where did he reside when he entered the service? Swansey Mass:  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? by a living witness & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? No. Papers not attached as req d 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cotty Examining Clerk.

Declaration of Tiflha Luther, in order to obtain the benefits of the act of Feb. 2, 1848.
To Tiflha Luther wid of Theophilus N
act 12 July 48
Marr'd 1785 Husband died Sept 24, 1848
Old
two year $80 per annum From April 24, 1848
Wm W. Johnson

State of New York, } ss. County of Wyoming } ss.
On this 25 th day of December, 1848, before me, John D. Sandon, a Justice of the Peace, in and for the County aforesaid, personally appeared Tilpha Luther , a resident of the town of Castile, in the County aforesaid, aged eighty-four years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 2 d February, 1848, granting pensions to widows of persons who served during the Revolutionary War. That she is the widow of Theophilus Luther , who was a private in the Army of the Revolution, and was pensioned under the act of Congress of the 7 th June, 1832, and died at the town of Castile aforesaid, on the 24 th day of April, 1848. That her said husband, resided in the said town of Castile, when he was pensioned; that the amount of his pension was eighty dollars, per annum; - that she was married to the said Theophilus Luther , her late husband, at Swanzy, in the County of Bristol, in the State of Massachusetts, on the 13 th day of November, in the year, 1785, by Elder Russell Mason , of Swanzy, aforesaid. She further declares that she is still a widow.
In presence of John B. Hallock
John D. Sandon
Tilpha Luther M rs R.
Sworn to and Subscribed on the day and year first above written, before me; And I hereby certify that the said declarant is personally known to me.
John D. Sandon Justice of the Peace

State of New York } ss. County of Wyoming }
Sarah Luther, of the town of Castile, in said County, being duly sworn, deposes and says, that her father, Theophilus Luther, mentioned in the within declaration of Tilpha Luther, died at Castile aforesaid, on the 24th day of April, 1848; that this deponent was present and saw him die; - that Tilpha Luther, within named is the widow of the said Theophilus Luther, and has not been married since his decease.
Sworn to and subscribed this
State of New York, } ss. WYOMING COUNTY.
I, Abel Webster, Clerk of Wyoming County, do hereby certify, that John Sanderson Esq  affidavit  John Sanderson Esq before whom the annexed instrument in writing was proved or acknowledged, was, at the time of taking such proof or acknowledgment, a Justice of the Peace in and for said County, duly authorized to take the same. And that I am well acquainted with his hand writing, and verily believe that the signature to said Certificate of proof or acknowledgment is genuine. And that said instrument is executed and acknowledged according to the laws of this State.
In Witness Whereof, I have hereunto set my hand and affixed my official seal, at Warsaw, in said county, this 8th day of Jan 1849
R. Ballard Dep CLERK.

State of New York, } ss. County of Wyoming } ss.
Sarah Luther, of the town of Castile, in said County, being duly sworn, deposes and says, that her father, Theophilus Luther, mentioned in the within declaration of Tilpha Luther, died at Castile aforesaid, on the 24th day of April, 1848; that this deponent was present and saw him die; - that Tilpha Luther, within named is the widow of the said Theophilus Luther, and has not been married since his decease.
Sworn to, and subscribed, this 25 day of December, 1848; And I certify that the said deponent is a person of credibility.
Sarah Luther
John D. Landon Justice of the Peace
The word "Sarah," in the above affidavit was written initially over an erasure before signing -
John D. Landon Justice of the Peace

Theophilus Luther Declaration for Prison 12.952
on rolls of Col Army

State of New York Genesee County ss
On this third day of August A.D. 1832 personally appeared before me Isaac Wilson first judge of Genesee County aforesaid Theophilus Luther a resident of the town of Car- thage the County & State aforesaid aged seventy two years on the twenty eighth day of November next, 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 con- gress passed June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated viz. That he enlisted under Capt. John Barr of the town of Swaney in the County of Bristol  Middlesex Massachusetts and State of Massachusetts. about the twen- ty fifth day of December 1776. of the Rhode Island State troops attached to the Regiment comm- anded by Col. Archibald Crary Lieut. Col. John Doppan & Major William Barton. That he mar- ched from Swaney to Bristol in Rhode Island from Bristol to Point Judith guarding the coast of Rhode Island during fifteen months the term of his enlistment. That he was then dism- issed, but received no written discharge - was dismissed March 25 th 1778.
That he entered the service of the United States the second time about the 15 th of May 1778. by enlisting into the Artillery under Capt. Joshua Sawyer in the town of Swaney aforesaid of the Rhode Island State troops. attached to the Regiment commanded by Col. Robert Elliott That he marched from Swaney Mass. to Bristol Rhode Island from thence to Providence &c. &c. That he was with Gen l Sullivan during the Battle of Rhode Island. That he was in the Battle which took place between the British troops and the Americans under Gen l .

Sullivan in the month of August 1798-
That he was dismissed in the month of May 1779 at the expiration of his enlistment year but received no written discharge-
That he was subsequently in the service at different times - at one time he served three months as in a volunteer corps under Capt John Barney attached to Col. Peleg Slade, Regiment of Rhode Island Volunteers, stationed at Narragansett Bight &c &c That the whole time he was in the service of the United States during the war was three years & one month-
That his birth and residence was at the town of Swaney, County of Bristol & State of Massa- -chusetts near Rhode Island line - until Sept. 1822 at which time he removed to the town of Castile in the County of Genesee & State of New York - where he has continued to reside to the present time
That he hereby relinquishes any claim whatever to a pension or annuity except the present and declares that his name is not on the appension roll of the agency of any State Sworn to and subscribed the day and year aforesaid for me.
Isaac Wilson Justice of the Peace Theophilus Luther Of Genesee County

We John D. Landon & Jonathan Gilbert Residing in the town of Castile Genesee County State of New York hereby certify that we are well acquainted with Theophilus Luther who has subscribed and sworn to the foregoing declaration that we believe him to be seventy two years of age the twenty eighth day of Nov- ember next. That he is reputed and believed in the neighbourhood where he resides to have been a Revolutionary Soldier and that we concur in that opinion - Sworn and subscribed to the day and year aforesaid before us - John D. Landon Isaac Wilson first judge Jonathan Gilbert of Genesee County
State of New York Genesee County s.
On the day and year
aforesaid I Isaac Wilson first judge of Genesee County aforesaid do hereby declare my opinion after the investigation of the matter and after putting the interrogatories presented by the war department, that the above named applicant was a Revolutionary Soldier and served as he states and I further certify that John D. Landon and Jonathan Gilbert who have signed the preceding certificate are residents in the town of Castile aforesaid and are credible persons and that this statement is entitled to credit - and I further certify that in my opinion the applicant is unable to appear in Court by reason of bodily infirmary
Isaac Wilson

State of New York
Genesee County ss:
I Timothy Fitch, Clerk of said County certify, that Isaac Wilson, before whom the within affidavit purport to have been taken and by whom the within certificate purports to have been made was at the time of the date thereof First Judge of the County Courts in, and for said County duly qualified and authorized to act as such And that I am well acquainted with the signature of the said Isaac Wilson subscribed to said affidavit and certificate and verily believe them to be genuine
In testimony whereof I have hereunto set my name and affixed the Seal of the Court of Common Pleas of said County this thirteenth day of August A.D. 1832,
Timothy Fitch Clerk By B. Pringle Dep. Clk.

Rev. and 1812 War Section.
Aug October 6, 1926
L. L. Luther Pulaski N. Y.
Sir:
I have to advise you from the papers in the Revolutionary War pension claim W. 24612, it appears that Theophilus Luther was born November 28, 1760 at Swansea, Bristol County, Massachusetts.
While residing at said Swansea, he enlisted and served as a private as follows-
From December 25, 1776, fifteen months in Captain John Carr's Company, Colonels Topham's and Archibald Crary's Rhode Island Regiment.
From May 15, 1778, one year in Captain Joshua Sayer's Company, Colonel Robert Elliot's Rhode Island Regiment of Artillery, and was in the battle of Rhode Island.
In the summer of 1779, two months in Captain Obadiah Eddy's Company, Colonel Peleg Sherman' Massa-

chussets Regiment.
He served three months in Captain Jabez Barney's Company, Colonel Peleg Slade's Massachusetts Regiment, no dates stated; he was also out on several alarms, amounting in all to three months, no officers given.
He was allowed pension on his application executed August 3, 1832, while a resident of Castile, Genesee County, New York. He died there April 24, 1848.
Soldier married November 13, 1785 at Swansea, Massachusetts, Zilpha Shearman; they were both then of said Swansea. She was allowed pension on her application executed December 25, 1848, while a resident of Castile, New York, aged eighty-four years.
A child, Sarah Luther, was residing in Castile, New York in 1848. There is no further data on file as to family.
Respectfully,
E. W. MORGAN Acting Commissioner.

10 Zilpha Luther N
Wm H. Putnam Jan'y 18, 49.
Act 2 Feb'y 48

July 14, 1931
Mr. L. L. Luther Pulaski New York
Rev.& 1812 Wars Section MLB
Dear Sir:
You are advised that Theophilus Luther (W. 24612), whose history was previously furnished you, is the only soldier of that name found in the Revolutionary War records of this office.
Very truly yours
A. D. HILLER Assistant to Administrator

Levy
WIDOW, &c.
File No. 24.612 Hilpha Luther Wid of Theophilus Luther Pri. Rev. War.
Act: Feb 29. 48
Index:—Vol. A , Page 417
[Arrangement of 1870.]
Jany 28 "99 Mr. T. J. Burr. Cedar Falls, Ia
1926 Oct. 6 Hirt to L. J. Luther awd. 1931 July 14 L. L. Luther advised only sol. by that name, etc. M.R.B.

3 Tho Lunn affidavit

I Thomas Levin of Swanzy County of Bristol and commonwealth of Massachusetts of Lawful age do on Oath testify and say. That I am and have been from a child well acquainted with Theophilus Luther formerly of Swanzy aforesaid now of the state of New York. having lived a neighbor to him all my days till within ten or eleven years past. when he moved into the state of New York. That I well recollect his enlisting in a company of Rhode Island State troops in the fifteen months Service (so called) in the revolutionary war. I think it was sometime in the year Seventeen hundred and twenty seven in Col. Tophens Regiment afterward commanded by Col. Crary. I do not recollect the names of the company officers in which he served. I recollect that he served the whole of the fifteen months service in said Regiment. a part of the time he served in an Artillery Company. a part of the time was stationed at Bristol. state of Rhode Island and a part of the time I think on Rhode Island. I well recollect all of the above as I myself served in said Regiment during said term but in another company Thomas Levin Swanzy August 13 th 1832
Commonwealth of Massachusetts Bristol ss. August 13 th 1832
Then the above named Thomas Levin personally appeared and made Oath to the truth of the above certificate by him signed before me John Mason Justice of the Peace

Commonwealth of Massachusetts.
Bristol ss. I James Spratt, clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that John Mason Esq. whose signature is affixed to the within certificate, is a Justice of the Peace in the said County of Bristol and duly qualified to administer oaths.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court, this twenty third day of August, in the year of our Lord Eighteen hundred and fifty two.
Ja. Spratt.
for clerk

War Department
Pension Office

Cattle June 13 th 1883
W Edward Esq
Sir Accompanying this are the papers of Theophilus Sutter applicant for a Pension. He has done all that was required of him by the brief sent him from the Pension Office and all that he can do. I think him justly entitled to a pension - he is needy & worthy. Hope an early attention as possible will be given to the matter, and the result made known to me
With due Respect
Yr Ob t Servant
B. Halsted
Sent 1 st Declaration
2 do
3 affidavit of Service
4 Misc

Washington Feby 24. 49
Colo J. L. Edwards,
Sir, I forward Declaration of Mr Luther under act of last Session - I should be glad of return upon close of Session -
Sam H. Smith
H. Putnam

Brief sent from the Pioneer office

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Theophilus Luther 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
Fifteen months continuous service in the militia service of Rhode Island not known with Department. Applicant required to furnish evidence of such service, and the date, length of each term of service specified.
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? 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? 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? Yes. XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 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.

Washington Jany 15. 1849
Col. J. L. Edmunds,
Sir, I forward the paper of T. H. Lutton for Pardon - Soon as convenient I hope it may receive attention -
Respectfully Turner H. Putnam -

Burr's Hotel...
T. J. & A. N. Burr.
Cedar Falls, Iowa, Jan 17 1899
U S Pension Dept
Dr Sir
Can You give me Some Information in regard to Theophilus Luther who was a Revolutionary Soldier (at least he drew a Pension as one) his Home during the Revolution was Swansea Mass, His Father Jeremiah Luther I am told was called a Minute Man, any Information of either of them would be thankfully received. My Mother now 92 Yrs old is well & hearty & is the Daughter of Theophilus Luther
I am Respectfully Yours
T J Burr

L. W. B. W.24612.
This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
O. W. & N. DIV.
REVOLUTIONARY.
January 23, 1899.
Sir:-
In response to your recent communication you are advised that Theophilus Luther made an application for pension on August 3, 1832, at which time he was 72 years of age and residing in Genessee County, N. Y., and his pension was allowed for six months' actual service as a private in the Rhode Island troops, Revolutionary war. He enlisted at Swasey, Mass., and served under Capt. Carr and Col. Crary.
His widow, Zilpha, made application and received a pension for the service of her husband as above set forth.
Very respectfully,
Commissioner.
Mr. T. J. Burr,
Cedar Falls, Iowa.

APPLIANCES
FIXTURES
ELECTRICAL SUPPLIES
WIRING
L. L. LUTHER
"EVERYTHING ELECTRICAL"
PHONE 91-W
PULASKI, N. Y. August, 21, 1926
Department of the Interior, Bureau of Pensions, Rev. and 1812 Wars Section, Washington, D.C.
Will you kindly give me the available facts concerning one Theophilus Luther (and family) a Revolutionary soldier. Probably from New York State or Massachusetts.
Thanking you in the matter, I am,
Respectfully,
L. L. Luther

APPLIANCES FIXTURES
ELECTRICAL SUPPLIES WIRING
L. L. LUTHER "EVERYTHING ELECTRICAL" PHONE 91-W
PULASKI, N. Y. June 24, 1931.
Veterans Administration, Bureau of Pensions, Rev. & 1812 Wars Section, Washington, D C.
Please send me the Revolutionary record of Theophilus Luther, who was born in Mass. in 1756. Lived in the Township of Russia, Herkimer County, N.Y. Was married twice, one wife being Roby Smith. Also any family data in the records.
only one This is not the Theophilus of Swansea, whose pension claim is #W.24612.
Yours truly
LLL/B
A handwritten signature in cursive that reads "L. L. Luther".
L. L. Luther
list sent to 10/6/36

Declaration of Mrs. Tilpha Luther to obtain the benefits of the act of Congress of 2 d February, 1848.

State of New York, } ss. County of Wyoming, }
In this Sixteenth day of February, 1849, before me, W. Riley Smith, County Judge, in and for the County aforesaid, personally appeared Gilpha Luther, a resident of the town of Castile, in said County, aged Eighty-four years, who being first duly sworn, according to law, doth, on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 2 d February, 1848, granting pensions to widows of persons who served during the Revolutionary War. That she is the widow of Theophilus Luther, who was a private in the Army of the Revolution, and late a pensioner on the New York Rolls, at the rate of eighty dollars per annum, and died in said town of Castile, on the 24 th day of April, 1848; - That she was married to the said Theophilus Luther, on the 13 th day of January 1785, at Scituate, in the County of Bristol, in the state of Massachusetts. She further declares that she is still a widow.
In presence of John B. Hallock W. Riley Smith
her Gilpha Luther mark
Sworn to and subscribed, on the day and year first above written, before me; - And I do hereby certify that the said Gilpha Luther, is the widow of Theophilus Luther, above mentioned, and that

she is unable to appear in open Court, by reason of bodily infirmity. W. Riley Smith Wyoming County Judge
The figure '5' in the foregoing was written on an erasable leaf after signing also the word "certify" was interlined before signing
W. Riley Smith Wyoming County Judge
State of New York } ss. County of Wyoming } Clerk's Office,
I, Abel Webster
Clerk of Said County, do hereby certify, that W. Riley Smith, is County Judge in and for said County, that the Court of said Judge is a Court of record and having a Seal; That the signature of said Judge above written is genu- ine.
In witness whereof I have hereunto set my hand and affixed my official Seal, at War- rens, in said county, this 17 th day of February, 1849.
Abel Webster Clerk By R. D. Dalland Deputy

Theophilus Luther, Further Declaration
for Pension

State of New York } County of Genesee }
Personally appeared before me first Judge of Genesee County in said State, Theophilus Luther, who being by me duly sworn deposes and says, that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his services but according to the best of his recollection he served not less than the periods mentioned below and in the following grades — for fifteen months as a private — that this service he is sure was for fifteen months according to his recollection — that he supposed he entered into the service for fifteen months and from his recollection of the time he entered the service and the time he was discharged from the same he thinks he could not have served less than that time as he has sworn in his declaration and as Thomas Lewis has sworn in his affidavit, who, this deponent is informed, has obtained a pension under the late act for the same of services — that he could not swear that his enlistment and services during this period were different from what he has stated in his declaration and also but if the Department should think that there could not have been such a service this deponent hereby relinquishes his claim for any further services at this time than appears from the knowledge of the Department of the kind of service rendered in Rhode Island, he could have served. — That he served as a private one year in the Artillery That he served three months as a volunteer under Capt. Caleb Barney in Col. Poley's Regt. —
That he served two months under Col.  Poley Sherman in Capt. Obadiah Eddy's Company in the summer of 1779 but the precise time he cannot recollect that he served on the frontier at the shores of Rhode Island. —
That the remainder of his services was of such a nature that he cannot state them distinctly — that he was out frequently, two and three weeks at a time on alarms at least three months, and has no doubt that it was more, and for three services I claim a

Jerusalem. —
That at the time of his making his declaration there was no clergy man of his acquaintance whose certificate he could procure — that the Rev. William True is acquainted with him and can testify as to his character for veracity and his belief in my services in the revolution. —
Sworn and subscribed
this 12 th day of June 1833
before me. —
Theophilus Luther
Isaac Wilson
I, William True, a resident of the town of Corning in the said County of Genesee and State of New York do hereby certify that I am a clergy man in regular standing, that I am well acquainted with Theophilus Luther who has subscribed and sworn to the foregoing affidavit, and have been acquainted with him for a number of years, that I believe him to be seventy two years of age, that he is a man of strict probity, truth and veracity, that he is generally reputed and believed in the neighborhood where he resides, to have been a soldier of the Revolution, that such belief is general and that I concur in such belief. —
Sworn and subscribed this
12 th day of June 1833 before me William True
Isaac Wilson
And I further certify that it appears to me that the Rev. William True who has subscribed the foregoing certificate, is a clergy man residing in Corning as above stated by him, that he is a credible person and that his statement is entitled to credit.
Isaac Wilson

State of New York
Genesee County
ss. I Timothy Fitch, Clerk of said county certify, that Isaac Wilson Esq before whom the foregoing affidavits and proceedings purport to have been taken and made was at the date of taking the same.
First Judge of the Court of Common
Pleas in and for said county, and that I am well acquainted with the hand writing of said Judge and justly believe his name subscribed to said affidavits and proceedings to be genuine.
In testimony whereof, I have hereunto set my name and seal of office this twelfth day of June A.D. 1833
Timothy Fitch Clerk