Revolutionary War Pension and Bounty Land Warrant Application File S. 15678, for Benjamin Tolman, New Hampshire

SERVICE
NUMBER
N.H.
Tolman Benjamin
S. 15678
Carded.
CONTENTS

1133
New Hampshire
Benjamin Tolman of Cheshire (in the State of N.H.) who was a private in the Company commanded by Captain Whitcomb of the Regt commanded by Col Russ in the N. Hampshire line of Militia, for 11 mo. from 1775.
Inscribed on the Roll of New Hampshire at the rate of 36 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of Feb 1833 and sent to the W. Edwards
Arrears to 4th of Sept 1832 54.99 Pension allowance ending Sept 1833 18.33
$ 73.32
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by H. H. Grafton Clerk, Book 2 Vol. 1 Page 188

9008
Pay Tolman
Private
11 Months
$36.66 W.C.E
The creditability of the test- up not certified.
Nov 19 1832
adm
Hon: H Hubbard H.R.
W. Edwards Keene Cheshire Co N.H.

9008
BRIEF in the case of Cheshire
Benjamin Tolman of Troy in the State of  New Hampshire (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a 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.     '75 about May 1 — 8 * — private Capt Whitecomb - Col Reed *   '77 July — 2 — " Capt — } to go to Bennington   '78 — over 1 — " Capt Lewis }  
 5. In what battles was he engaged? Bennington  6. Where did he reside when he entered the service? Fitzwilliam N.H. 
 7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? 
one living witness
 8. Are the papers defective as to form or authentication? and if so, in what respect? 
no clergyman's Certif - no certif. of respectable persons
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. C. Easton
Examining Clerk.
* Thinks a short time in Col Stark's regt.
* remained about one month more at request of officers

Declaration of Benjamin Salmar Floy Cheshire Co. W. H.

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, } COUNTY OF CHESHIRE.
On this eleventh day of August 1832 personally appeared in open court, before the Hon. Aaron Walton Judge of Probate for said County of Cheshire - now sitting. - Benjamin Tolman , a resident of Troy in the county of Cheshire and State of New Hampshire aged Eighty Six last May who, being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832.
That he was in the service of the United States in the Revolutionary War as follows -
 1 st That he entered the service in the year 1775. enlisted at Fitzwilliam in said County of Cheshire, about first of May and went immediately to Mystic was in Capt Jonathan Whittcomb's Company, in Col Reed's Regiment - am not certain that I was not at first for a short time in Col Stark's Regiment, but was nearly all the time in Col Reed's New Hampshire troops - was stationed at Mystic until a few days before the Battle of Bunker Hill - the night before the Battle I was on duty all night while they were building the fort on I think Breed's Hill - after the battle of Bunker Hill I was stationed on Winter Hill - remained through the eight months, and remained at the request of the Officers about one month more - and returned home. -  2 o - In the year 1777 - in July men called for out of each town to go to Bennington - I volunteered from said Fitzwilliam joined the company commanded by Captain Keene N.H. went on to Bennington was in the battle of Bennington - was one of 500 who went round the enemy and began the battle - but many of our company was killed there - after the battle a part of the British Hessians who were taken when sent off down to Sarre Mass - and the wounded prisoners were put into the Maki's house at Bennington - went for two months, and stayed the time out and dismissed at Bennington -  3 rd In 1778 - went to Rhode Island in place of Amos Knight who had turned out but concluded not to go - in Captain Levey's Company he thinks, went to Providence - from there by water landed at Bristol - crossed over onto Rhode Island - and I was stationed at the Middle town on the Island - Genl Sullivan was in Command of the force - the French fleet lay off there - expected they would attack with us - when it was ascertained that the fleet were not to push us - I with others were dismissed - was in service at this time over one month - Resided at Fitzwilliam after - when I went into all the war services - He hereby relinquishes every claim whatever to a pension or an annuity, except the present, 
and he declares that his name is not on the Pension Roll of any Agency in any State.
Sworn to and subscribed the day and year aforesaid. Benj a Tolman before me Aaron Walton Judge of Probate

And the said Court do hereby declare their opinion, that the above named applicant was a revolutionary soldier, and served as he states. Horace Watson Judge of Probate
I, Ebenezer Parker Register of the Court of Probate for said County of Cheshire do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Tolman for a pension.
Witness whereof I have hereunto set my hand and seal of office, this eleventh day of August A.D. 1832
Ebenezer Parker { Register of said Court of Probate
State of New Hampshire
Cheshire ss. — on this twentieth day of December A.D. 1832 — personally appeared before the subscriber a Justice of the Peace in and for said County Benjamin Tolman , known to me as the same Benjamin Tolman who subscribed & swore to the foregoing declaration, and now made solemn oath that he was born in Atleborough in the State of Massachusetts in the year 1758 — That he believes there is a record of his age in the Town records of said Atleborough — That he recollects in his first service aforesaid Col Nixon or afterwards Genl Nixon — Genl Washington — Maj McCleary , who was killed at the battle of Bunker Hill , at the close of the battle — recollects in his 2 d service Genl Stark — in his last service as before stated recollects Genl Sullivan — That he never recd any written discharge — That he did not receive the certificate of any clergyman or other persons as to his veracity or because his service was in New Hampshire Militia — That he now forwards such an affidavit — he is known to Rev Stephen Morse of Troy aforesaid — and resident in said Troy — Subscribed & sworn to the day & year aforesaid Before me Thomas M c Edwards Justice of the Peace
Henry Tolman

Chatham. Dec 31. 1832
I Salina Hale clerk of the Superior Court of Judicature for said county. certify that Thomas M. Edwards is a Justice of the Peace in and for said county & that the foregoing official signature is his. In testimony whereof I hereunto affix the Seal of said Court
S. Hale Clerk
12/31/32

I Joshua Harrington of Troy in the County of Cheshire and State of New- Hampshire - aged twenty seven years next left testify and say that I have been acquainted with Benjamin Holman of said Troy fifty eight years - that at the time of the Revolution the place where we live was a part of Fitzwilliam - and was taken off from that town in forming a new- town, now Troy - that we were in service together from said Fitzwilliam - In the year 1775 - in Capt. Jonathan Whitecomb's Co in Col Rugg's Regiment N.H. Troops - both enlisted for eight months - and that when I left the Company & hired my brother in my place about a month before the eight months were out - I left him at Winter Hill in the Province -
That in 1778 - we were in the service together at Rhode Island - in the same Company for the same term from one to two months - I think about two - under Genl Sullivan - Started from home at the same time and dismissed together on the Island -
Joshua Harrington
Cheshire J. Aug t 11. 1831 - Subscribed known to Before me Th. M. Edwards
Cheshire J. Aug. 15 1832
Justice of the Peace
I Salome Hale Clerk of the Superior Court for said county certify that Thomas M. Edwards is a Justice of the Peace in and for said county and certify that the foregoing official signature is in his own hand writing - In testimony whereof I hereunto affix the seal of our Superior Court of Judicature
S. Hale Clerk

6 hush - 11
Joshua
I certify that Stephen  Joshua Warrington the within deponent is known to me as a credible person
Thomas M Edwards Justice of the Peace
Cheriton Jan 31. 1832
I Salma Hale clerk of the Superior Court of Indictures for said county certify that Tho. M. Edwards is a Justice of the Peace in and for said County, & that the foregoing is his signature. In testimony whereof I hereunto affix the Seal of said Court. S. Hale, Clerk
Subp for B. J. Southwick

9008
Benj. Tolman.
Wm. Edwards Keene, Cheshire Co. N.H.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Tolman 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?
No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
Yes
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?
No
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?
None to 1-2-5-6-7-
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.

We Stephen Morse a Clergyman resident in Troy in the County of Cheshire and State of New Hampshire, and John Lawrence residing in the same Troy hereby certify that we are well acquainted with who Benjamin Holman of said Troy who we are informed has applied for a pension under the act of June 7. 1832. - That we believe him to be seventy six years of age that he is reputed and believed to be in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. -
Stephen Morse John Lawrence
State of New Hampshire Cheshire ss. Dec 27 th 1832.
Subscribed & sworn to by Stephen Morse Known to me as a Clergyman resident in said Troy, & by John Lawrence also of said Troy Known to me as a credible person. -
Before me. D. W. Farrar J. Jus. Peace.
Cheshire ss. Dec 29. 1832. I Salma Hale clerk of the Su- perior Court of Judicature in and for said county certify that Daniel W. Farrar is a Justice of the Peace in and for said county, & I believe that the foregoing official signature is his. In testimony whereof I hereunto affix the Seal of our Superior said Court S. Hale, Clerk

I
15678
INVALID.
File No. 15678
Benjamin Tolman
Pri Rev 72
Act: June 7" 82
Index:—Vol. / , Page 577
[Arrangement of 1870.]