Revolutionary War Pension and Bounty Land Warrant Application File R. 10635, for James Toms, New York

SERVICE
NUMBER
New York
Toms James or Tombs
R.10635-
Lucina or Lucinda
CONTENTS

Lamus Tombs
11772

State of New York
Cayuga County Dfs Personally appeared before me The undersigned a justice of the peace in and for said County James Toms of Brutus in said County who being duly sworn 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 his best recollection he served not less than the period mentioned below and in the following grade For two years and one month I served as a private soldier and for such service I claim a pension. my first term of service commenced in May 1876 and continued until the middle of October 1877- when I was discharged and returned home - my whilst at Fort George I was under the command of Capt Wendell - and Gen Gausevert who at that time commanded at said fort - when said fort was evacuated I was under the army was under the command of Gen Schuyler until Gen Gates took the command of the same. when Gen Gates took the command I served under him as his waiter until October aforesaid as stated in my said declaration. during the Spring Summer & Fall of 1878 & 1879. as stated in my said declaration I served in the company of militia commanded by Capt John Thompson & Lieut Josiah Benjamin in the Regiment commanded by Col Dickerson Major Diverand Andrew I frequently served at other times in short tours but cannot now remember when said tours of service were performed they were generally in scouting parties. that during the aforesaid terms he served with an embodied corps called into service by competent authority - that he was all the time in the field or garrison, and for the time during which said services were performed he was

not employed in any civil pursuit but was all the time in the service of his country - that he was during the remainder of the war most of the time engaged as a teamster but with his own team upon civil contracts for which he does not claim a pension
That he was born in Old Canaan in the County of Litchfield in the State of Connecticut Connecticut 1755 as he believes and has no record of his age -
Sworn & subscribed this 21 st May 1833 James his Pons A.D. 1833 before me John Groom Justice of the Peace -
I certify that said James Pons is a man of truth & veracity May 21 1833 John Groom Justice
State of New York Cayuga County ss I Michael Schuyler Clerk of said County do certify that John Groom before whom the foregoing affidavit was made was on the day of the date of the same a justice of the peace in & for said County that I am well acquainted with the handwriting of said justice and believe his signature to said affidavit & the above certificate to be genuine Witness my hand and seal this 21 st day of May A.D. 1833 M. Schuyler

I Lira Blackmer 55 of the peace and commissioner of deeds in and for the County of Monroe do certify that on the twentyfifth day of June 1832 came before me John Toms to me known to be a man of good moral character and fair reputation who being duly sworn deposeth and saith That he was personally knowing that James Toms entered the service of the Revolutionary Army in April 1778 and that he continued constantly in the service of the said Army for the space of four years immediately following and that a part of said service was rendered as a soldier in the Militia and the remaining part of said four years as a Teamster in the service of the Army
Sworn and subscribed before me at } John Toms Wheatland Monroe County June 25th. 1832 Lira Blackmer Justice of the Peace & { Commissioner of Deeds
State of New York
Monroe County ss I certify that Lira Blackmer Esqr. before whom the above affidavit purports to have been sworn, was, at the date of the same one of the Justices of the Peace, and a commissioner of deeds in and for said county, and that I am acquainted with his hand writing, and verily believe his name subscribed to said affidavit to be his proper hand writing and signature - Witness my hand and official seal, this twenty sixth day of June 1832 - Leonard Adams Clerk

Jacob Papers

State of New York
Cayuga County Ss On this 20 th day of September 1852 personally appears in open Court before the Court of Common Pleas in and for the County of Cayuga John Court of Cato in said County who being duly sworn says that he is aged seventy years. that he is well acquainted with James Toms of Brutus in said County and was well acquainted with him in the time of the Revolutionary war. that his acquaintance commenced about the month of October 1782 and continued until the following winter, that said Toms was at that time engaged in the service at and near Saratoga. and was engaged a part of the time in scouting parties. and whilst in camp was engaged frequently in executing the commands of Genl Gates.
Sworn & subscribed the day & year aforesaid
Gerrhon Moore a Judge of said Court JOHN COURT
And the said Court certify their opinion that the said John Court is a man of truth and veracity
Gerrhon Moore a Judge of said Court

Cayuga COUNTY, ss. On this 20 th day of September A. D. 183 2 personally appeared in open Court, before the Court of Common Pleas in and for the County of Cayuga and state of New-York, now sitting, James Dorns a resident of Brutus in the County of Cayuga and State of New-York, aged 78 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 th , 1832: - That he entered the service under the following named officers, and served as herein stated: - That in the month of May A D 1776 then being a resident of the town of Saratoga then in the County of Albany, he enlisted into the company commanded by Captain. . . Benedict and Lieut Michael Dunning in the Regiment commanded by Col Van Riper for a term of Six months. that he marched with a detachment of two companies from said Regi= ment to a small picket fort called the Cedars in the north part of the State of New-York. where he was stationed until about the month of June following, at which time he together with a detachment of one hundred was sent out to the north west on a scout, a that whilst he was out on said Scout, the said fort was taken by the enemy, that on his return learning of of the capture of said fort he, returned in company with one other person to Saratoga from thence he went to fort George where he found the said Col Van Riper and was directed by him to remain at said fort until further orders. his company having been all cut off and taken prisoners. that he accordingly continued to serve at said fort until the month of July 1777 when the same was evacu= ated and blown up at the approach of Gen Burgoyne that he was employed during most of said time in asis= ting to repair said fort. that when the army  garrison retreated from fort George under the command of Gen Schuyler he was ordered to take charge of a cannon drawn by one horse and continued said retreat with said army to fort Edward and from thence to Sausborough, at which time Gen Gates took the command of said army - that he then commenced service as waiter to Gen Gates in which ca= pacity he continued to serve when in camp until the cap= ture of Gen Burgoyne - that during the time he served as

waits he was frequently sent out by Gen Gates and took the command of scouting and reconnoitering parties. that he carried a gun and was in three engagements at the time of the capture of Gen Burgoyne. that he was not at any time during said term attached to any company, but served under the immediate direction of Superior officers. He further declares that after the capitulation of Gen Burgoyne he returned home. that from the month of May to the month of November a term of about eight months in the year 1778. and also in the year 1779 the two militia regiments were employ in and near Saratoga were employed in keeping a guard on the frontier at Parmachenee. that one Regiment furnished a guard for two weeks and would then be relieved by the other Regiment, which would keep guard a term of two weeks and so on alternately during the whole of the said eight months. that their head quarters whilst out would be at a Log House in Parmachenee owned by Rowland Perry from which place scouting parties were accustomed to go out. that one Regiment was commanded by Col Daniel Dickerson and the other by Col Van Vliet that he served during said term in the company commanded by Captain John Thompson & Lieut Josiah Benjamine in Col Dickerson's Regiment. that during the said two seasons he served as such guard and in scouting parties one half of the time making about a term of four months in each year. that he never received a written discharge from said service. that he has documentary proof of said service except the accompanying. that whilst in said service he saw and knew the following named officers to wit Gen Washington at Saratoga Gen Gates, Gen Arnold, Major Morgan Gen Schuyler, Gen St Clair and others.

That during for most of the time during the war when not engaged in service as aforesaid he was employed as a teamster in transporting provisions arms and other articles for the use of the army from Albany to Niagandaga and other places, that while employed as waiter to Gen Gates he some times drove his team and at other times was sent out in scouting parties
He hereby relinquishes all claim to a pension except the present I declare that his name is not on the pension roll of any state or territory Sworn & subscribed the day & year aforesaid Gardner Mowll a Judge of the Court of Sessions
James Toms his mark

We, Thayer Coburn a clergyman residing in Sennett in Cayuga County and Daniel Sheldon and Nathan Mirit residing in Onondaga County hereby certify, that we are well acquainted with James Toms who has subscribed and sworn to the preceding declaration; that we believe him to be 78 years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion.
Sworn, and subscribed, the day and year aforesaid  21 st day of September 1832 before me Sylvester Sheldon justice
Reys Coburn Daniel Sheldon Nathan Mirit
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 further certifies, that it appears to them, that Reys Coburn who has signed the preceding certificate, is a clergyman resident in Sennett and Daniel Sheldon & Nathan Mirit who has also signed the same, is a resident in Sennett and is a credible person, and that their statement is entitled to credit. Dated Sept 21 st 1832
Garrison Mervill a Judge of Cayuga County
I, Michael S Myers Clerk of the Court of Common Pleas in and for the County of Cayuga and State of New-York, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of James Toms for a pension.
I further certify that Sylvester Sheldon before whom the foregoing certificate was made was on the day of the date thereof a justice of the peace in and for said Cayuga County - that I am well acquainted with the handwriting of the said justice and believe his signature to the said certificate to be genuine. Witness my hand and the seal of said Court and County the 21 st day of September A D 1832
M. S. Myers Clerk

20. N 8 E New York as: John of Harry a in the State of NY who was a Private in the Co. H command by Captain Benedict of the Reg command by Col Van Venten in the N.Y.  line line for 2 Years
Inscribed on the Roll of Wash at the rate of 50 Dollars _____ Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 13 th day of Aug, 1833 and to Mr A South Auburn
Arrears to the 4th of Mch. 55 160 Semi-ant. allowance ending 4th Mch. 55 40 200
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. C. Hays Clerk Book 6 , Vol. 3 , Page 58

Sam Jones
Obj. 4.5-6.17
P. 331.
Admitted Private 2 years +
10.12.21
LLS.

BRIEF in the case of James Foss  of Coeymans  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? 78 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 1776 — 6 Private Gen. Col' Benedict Col' Van Riper Col' Thompson Col' Dickinson  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Albany Co. New York  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cottle Examining Clerk.

Lucina Tombs here N.Y.
Additional
Anno

State of New York Wyoming County ss -
I, Lucinda  Clarissa Newland of the Town of Castile in the County and State aforesaid being duly sworn do depose and say that I am 80 84 years of age and that I was well acquainted with James Tombs and Lucinda  Lucinda Tombs ever since I can remember till they died; and the said James Tombs died nearly twenty years ago and the said Lucinda  Lucinda Tombs died in Castile aforesaid 8 or 9 years ago as near as I can remember -
I further depose and say that they lived together as husband and wife till he died and he was reported to be a Revolutionary soldier and pensioner and I was well acquainted with their children and their children, James Tombs - Joel Tombs and Stephen Tombs are over sixty years of age - James is the oldest and is about 67 years of age and Lucretia Tombs who married a Chapman is about sixty one years of age and she is a little younger than I am and I was well acquainted with her when she was a little girl - The said James Tombs deceased and Lucretia Tombs were reported to be husband & wife & she was a book
Subscribed and sworn to this 17th day of February 1854 before me
Enos W. Frost Justice of the Peace

I do hereby certify that I am well acquainted with the within named Florissa  Harriet Wernlund and that she is a person of good character and high respectability and is reputable for truth and veracity and I place full confidence in her statement -
Dated
Enos M. Frost Justice of the peace
Note the words Florissa and Lucinda were interlined before this affidavit was subscribed and sworn to by Florissa Wernlund
Enos M. Frost

State of New York Wyoming County ss -
I, James Reed of the Town of Pangborn  Gaines Falls in the County and State aforesaid being duly sworn do depose and say that I am sixty two years of age and that I was well acquainted with James Jones and Lucinda Jones ever since I can remember till they died, and the said James Jones died nearly twenty years ago and the said Lucinda Jones died 8 or 9 years ago -
I further depose and say that they lived together as husband and Wife till he died and he was reported to be a Revolutionary Pensioner and soldier and I was well acquainted with their children and their then eldest sons James-Joah and Stephen are now sixty years of age and James is the oldest he is about 67 years of age and I have been acquainted with him ever since he was a small boy - The said James Jones and Lucinda Jones were always reported to be husband and Wife and her maiden name before her marriage was Lucinda Cook and the Jones family are highly respectable - and the said James Jones and their sons Joah and Stephen were all of them born before January 1, 1794 and believe Subscribed and sworn to This 18 th day of February 1854 before me
James Reed
Person Howard Minister of The Gospel

I do hereby certify that I am well ac- quainted with the within named James Reed and that he is a man of high standing good character & known respectability and is reputable for truth and veracity He is a Minister of the Gospel in good standing and I place the fullest confi- dence in his statement - Dated Castleton Febry 18-1854 Grison Howard Justice of the peace

I do hereby certify that Enos W. Frost before whom the annexed affidavit of Clarissa Newland was made and taken and Anson H. Howard Esq. before whom the annexed affidavit of James Reed was made and taken and who have therunto officially and severally subscribed their names were at the several times of so doing justices of the peace of the County of Wyoming in the State of New York duly commissioned and sworn and authorized by law to administer oaths, -
B. Pringle M.P. 30 Cong Dist. N.Y.

V 3094. Declaration of Lucina Tombs, in order to obtain the benefit of the 3 d Sec- tion of the Act of Congress, of the 4 th July, 1836.
This declaration is consistent with that of the husband.
Hon. L. C. Peck Mason G. Smith, Agent, Perry, Genesee Co N.Y.

State of New York, ss. County of Genesee,
On this twelfth day of December, in the year one thousand eight hundred and thirty-seven, personally appeared before the subscriber, one of the Judges of the Court of Common Pleas, in and for said County, Lucina Tombs, a resident of the town of Castile, in said County, aged seventy-nine 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 Act of Congress, passed July 4, 1836:— That she is the widow of James Tombs, who was a Private in the Army of the Revolution, and a Pensioner under the Act of Congress, of the 9th of June, 1832;— That she was informed by her said husband, that he entered the service of the United States, on the first breaking out of hostilities, and was engaged under Captain Thompson, with twenty-four other soldiers, in the Capture of Fort George; and afterwards, in the Capture of Ticonderoga;— That he afterwards enlisted into the regular service, the names of the officers not recollected by this de-

ponent, and marched to the Onion River, in the State of Vermont, where the whole detachment to which he belonged was cut off by the Indians, except the husband of this deponent, and three or four others; - that he was afterwards in service at Fort George, where he drove a team, and also during the retreat before Burgoyne, and that he was in the battle where Burgoyne was captured. That after the marriage of this deponent to the said James Tombs, he was several times in service as a volunteer, or was drafted from the militia; - that during one tour of duty after the marriage of this deponent, her said husband was absent five weeks, at Jessup's Patent, and other times for short periods, engaged in scouting, in the vicinity of the Lakes George and Champlain, - and about Fort Ann. That when her said husband first entered the service of the United States, he resided at Stillwater in the County of Saratoga, in said State of New York; - that he moved to Ballston, in said County of Saratoga, in the winter of 1779-80, where he resided for nearly two years, and then returned to Stillwater aforesaid, where he resided at the close of the war.
She further declared that she was married to the said James Tombs, on the thirty-first day of December, in the year seventeen hundred and

Seventy-Eight, (1778,) at Ballston, aforesaid; that the marriage ceremony was performed by the Rev. Mr. Ball, and at his house; - he being then the Clergy- man of that town, and the person in honor of whom the town received its name, as this deponent has been informed. That her husband, the aforesaid James Tombs, died on the fourth day of November, 1834; and that she has re- mained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed.
Sworn to, and subscribed on the day and year first before written before me, Rufus H. Smith a Judge of Genesee County Lucina Tombs Mark In presence of Mason D. Smith
I certify that Lucina Tombs, who has subscribed, and sworn to, the foregoing declaration, by reason of age and bodily infirmity, cannot without great inconvenience appear in Court.
Rufus H. Smith A Judge of Genesee County Court

State of New York, County of Genesee, S.S.
James Reed, a minister of the gospel, being duly sworn, says, that he has been for thirtytwo years well acquainted with Lucina Tombs, who had sworn to, and subscribed the foregoing declaration, and with her late husband, James Tombs, for the same length of time, excepting the period which had elapsed since his decease. That this deponent has been informed and verily believed, that the said James Tombs, died on the fourth day of November, 1834, at the town of Brutus, in the County of Cayuga; - and that the said Lucina still remains a widow.
Sworn to, & Subscribed, this 12th day of December, 1837, before me, Rufus H. Smith A Judge of Genesee County
I certify that I am well acquainted with James Reed, of Gainesville in said County, who has subscribed and sworn to the foregoing statement, that he is a person of credibility, and that his statement is entitled to credence.

Rufus H. Smith A charge of Genesee County Courts }
State of New York Genesee County ss:-
I Timothy Fitch Clerk of said County do hereby Certify that Rufus H. Smith Esquire before whom the foregoing affidavits purport to have been taken was on the day said affidavits bear date a Judge of Genesee County Courts duly authorized to act as such:- and further that I am well acquainted with the hand writing of the said Judge and verily believe the signature to the said affidavits is genuine
In testimony whereof I have hereunto set my name and affixed my official seal at Batavia this thirteenth day of December A.D. 1837-
T. Fitch clerk

Know all men by these presents that I, Samuel Tombs of the Town of Castile in the County of Wyoming and State of New York do hereby constitute and appoint George B. Ames Esquire of the City of Washington for me and my true and lawful Agent and Attorney for me and in my name as Administrator of Lucinda Tombs late of the said Town of Castile deceased to prosecute a claim for a pension for and in behalf of me as such Administrator and the children of the said Lucinda Tombs deceased to which the said Lucinda Tombs was entitled in her life time as the Widow of James Tombs deceased for Revolutionary services performed by the said James Tombs in his life time as a soldier in the Revolutionary War and who was a Revolutionary pensioner in his life time at the rate of Eighty Dollars per annum.
And I am directly interested in such claim for a Revolutionary pension as such Administrator and as one of the children of the said Lucinda Tombs deceased which childrens names are Samuel Tombs - James Tombs - Joel Tombs - Stephen Tombs - Sally Chapman  Crumpton and Lucinda Chapman - In witness whereof I have hereunto set my hand and seal this 18 th day of August in the year 1857 - Samuel Tombs
Administrator &c.

State of New York
Wyoming County ss - On this 18 th day of August
1857 in the year 1857 personally appeared before me, Samuel Tombs  Samuel Tombs County Judge of the said County of Wyoming the within named Samuel Tombs well known to me to be the person described in and who has executed the within power of Attorney and he acknowledged that he executed the said power of Attorney for the uses and purposes therein mentioned -
And I do hereby certify that the said Samuel Tombs made oath before me that he was directly interested in the claim for a pension mentioned and set forth in the said power of Attorney
W. Riley Justice Co. Judge of Wyoming County

State of New York } County of Wyoming } ss -
On this Eighteenth day of August in the year of our Lord One thousand Eight hundred and fifty one, personally appeared before me, W. Riley Smith County Judge of the said County of Wyoming, Samuel Tombs, a resident of the Town of Castile in the County of Wyoming and State of New York aged fifty three years, who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the following declaration benefit of the Act of Congress passed June 7, 1832 also the benefit of the Act of Congress passed July 4, 1836; and all or any other Act or Acts of Congress passed for the benefit of Officers and Soldiers who served in the Revolutionary War or their Widows and children -
That he is the son of James Tombs who was a Revolutionary Soldier and a Revolutionary pensioner at the rate of Eighty Dollars per annum under the Act of Congress passed June 7, 1832 - That the said James Tombs was married to one Lucinda Cook at Balston in the State of New York in the Spring or summer of the year Seventeen hundred and seventy Eight - That the said James Tombs actually performed services and duty as a Soldier in said War after he was so married to the said Lucinda Tombs

That the said James Tombs died in the Town of P'keepsie in the County of Dutchess and State of New York on the fourth day of November in the year of our Lord one thousand Eight hundred and thirty five -
That when he, the said James Tombs, so died he left him surviving the a widow whose name was Lucinda Tombs, and before said marriage, her name was Lucinda Cook - That he also left him surviving when he so died six children whose names were Samuel Tombs - James Tombs - Joel Tombs, Stephen Tombs - Sally Crampton and Lucretia Chapman who are all now living and are over the age of twenty one years
That the said Lucinda Tombs lived and continued the widow of the said James Tombs and never intermarried after the death of the said James Tombs; and she the said Lucinda Tombs died in the said Town of P'keepsie on the sixth day of May in the year of our Lord one thousand Eight hundred and forty five, and that when she the said Lucinda Tombs so died she left six children her surviving who are herein above named, to wit, the said Samuel Tombs - James Tombs - Joel Tombs, Stephen Tombs - Sally Crampton and Lucretia Chapman who are all now living and are over the age of 21 years • •

and they are all and each of them the children of the said James Tombs, and Lucinda Tombs, deceased -
The Declarant further says that he is the same Samuel Tombs, who is named with the said children and that he is Admin- istrator of the said Lucinda Tombs, deceased duly appointed and qualified and that he the Declarant as such Administrator makes this Declaration to obtain a Revo- lutionary pension for the said children in right of the said Lucinda Tombs Tombs as the Widow of the said James Tombs for Revolutionary services performed by the said James Tombs deceased in his life time in the Revolutionary War -
He further declares that he as such Administrator claims the said pension for the said children because they are the children of the said Lucinda Tombs deceased being the amount due to her in her life time from March 4 th 1831 or from the day of the death of the said James Tombs deceased to the day of the death of the said Lucinda Tombs deceased, the mother of the said children -
Subscribed and sworn to, This 18 th day of August 1851 before me W. Riley South Co. Judge.
Samuel Tombs

State of New York Wyoming County ss. -
I, W. Riley Smith County Judge and Surrogate of the said County of Wyoming do hereby certify that satisfactory Evidence has been exhibited to me, the said Judge and Surrogate that James Tombs was a Revolutionary pensioner at the rate of Eighty Dollars per annum and died in the Town of Brant in the County of Cayuga and State of New York on the fourth day of November in the year of Our Lord One thousand Eight hundred and thirty five - That he the said James Tombs when he so died left him surviving a widow whose name was Lucinda as Lucinda Tombs - That the said widow, Lucinda Tombs was a Resident of the said County of Wyoming and died in the Town of Castile in the County of Wyoming and State of New York on the sixth sixth day of May in the year of Our Lord One Thousand Eight hundred and forty five -
That when she so died, she left her surviving six children who are now living whose names are Samuel Tombs - James Tombs - Joel Tombs - Stephen Tombs - Sally Crampton and Lucinda Chapman, all of whom are over twenty one years of age - and that the said James Tombs when he so died left him surviving the above named six children who are all now over the age of twenty one years and are now living - And I do hereby certify in addition to the

above that the above named Samuel Tombs is the Administrator of the said Lucinda Tombs deceased duly appointed and qualified according to law -
W. Riley justice of the peace of Wyoming County.
In witness whereof I have hereunto set my hand and affixed my official seal this Eighteenth day of August in the year of our Lord 1888
W. Riley justice of the peace of Wyoming County.

State of New York Wyoming County ss -
Rebekah Andrews of the Town of Astoria in the County and State aforesaid being duly sworn deposes and saith that she is the Widow of Michael Andrews deceased and that she is seventy Eight years of age and upwards and she is sister to James Tombs deceased who died in the year 1835 Deponent was acquainted with Lucinda Cook previous to the year 1878 at Ballston Saratoga County New York Deponent further saith that she was present and saw the said James Tombs by a Minister by the name of Ball married to the said Lucinda Cook at Ballston aforesaid at the house of Joel Cook the father of the said Lucinda Cook whose marriage so took place in the Spring or summer of the year Seventeen hundred and seventy Eight and it was a warm winter; and the next day after they were so married Deponent went home with the said James Tombs and Lucinda Tombs to his house in Stillwater in said County of Saratoga - And Deponent was well acquainted with the said James Tombs and Lucinda Tombs till they died and she the said Lucinda Tombs died at Castile in the said County of Wyoming Town of Castile in the month of May in the year 1845 -

and Department was at the house of the said Lucinda Tombs and seen her the day before she died -
The said James Tombs went into the service in the Revolutionary War a number of times after he was so married to the said Lucinda Cook as she was informed and rightly believes and she knows the fact that he was absent from home a number of times after he was so married and it was said that he went into the service and Department frequently saw the said James Tombs after such marriage dressed in soldiers clothing - and she knows the fact that after such marriage the said James and Lucinda lived together as husband and wife till he, the said James Tombs died Subscribed and sworn to this 16 day of August } Rebekah Andrews 1857 before me David T. Perkins Justice of the peace
I do hereby certify that W. Riley Smith before whom the annexed affidavit or declaration was made and taken signed by Samuel Tombs also before whom the annexed power of attorney executed by the said Samuel Tombs was acknowledged and who has officially subscribed his name thereto and also who has officially subscribed his name and affixed his official

deal to the annexed certificate was at the time of so doing Surrogate and County Judge of the County of Wyoming in the State of New York duly commissioned and sworn and authorized by Law to administer oaths and take acknowledgements
And I do hereby certify that Daniel Gilkins before whom the annexed Affidavit of Rebekah Andrews was made and taken and who has therunto officially subscribed his name was at the time of so doing a justice of the peace of the then said County of Wyoming duly commissioned and sworn and authorized by Law to administer oaths -
And I do hereby further certify that I am acquainted with the above named Rebekah Andrews who has sworn to the above and annexed Affidavit before the said Daniel Gilkins and have been acquainted with her for thirty years last past - that she is a person of good character and is reputable for truth and veracity and I have full confidence in her statement -
H. Pitkin
Late M.C. - N.Y.

V N. York
1836
Lucina Tomb
Letter to Hon. S. Peck H. Mar. '38
" W. B. Pierce Dec 16. '42
" " " " Feb 23. '43
" to A. Lynde Nov. 21. 1843.
" to Hon. J. Smith Jan 15. '44
" to Hon. J. R. Gedney H. R.
June 14. 1844. let to G. C. Ames Nov 13. 1851.
1836
- Geo. C. Ames Mar 8. 1854
10635

Know all men by these presents that I Samuel Tombs of Castile in the county of Wyoming and state of New York have confirmed and by these presents do confirm Morton Farnham of Attica in said county to process for me and for the other children of Lucina Tombs deceased Widow of James Tombs deceased a Revolu- tionary soldier in service to which said Lucina Tombs was entitled to from the Revolutionary Service of her said husband and said Farnham is authorized to act as my agent and the agent of said children in receiving said pension also that I am inter- ested in said pension as one of the heirs of the said Lucina Tombs. In Witness Whereof I have hereunto set my hand and seal this 21 st day of July 1857 In presence of J. B. Shrimpton 2 d Samuel Tombs Mark
State of New York Wyoming county ss: On this twenty third day of July in the year 1857 before me personally came John B. Shrimpton 2 d the subscribing witness to the above power of attorney to me well known, who being by me duly sworn did depose and say that he resided in the town of Attica in said county, that he knew Samuel Tombs

The individual described in and who executed the said form of Attorney - That he was present and saw the said Samuel Jones seal and deliver the same as and for his act and deed and that the said Samuel acknowledged the execution thereof. And that the same was read to said Samuel before the execution of the same and that he made his mark for the reason that he never learned to write Whereof the said John B. Sherman 2 nd became the subscribing Witness thereto. And said Sherman did further depose and say that said Samuel was and is directly interested in the claim for a pension set forth in the said form of Attorney as said Sherman was informed and truly believes -
James G. Hoyt Justice of the Supreme Court
I do hereby certify that the above named James G. Hoyt before whom the within power of Attorney was acknowledged and who has above thereto officially subscribed his name was at the time of so doing a justice of the Supreme Court of the said State of New York duly commissioned and sworn and authorized by Law to administer oaths and take acknowledgments -
H. Putnam
Late M. C. N.Y.

Acts of July 14, 1862, and March 3, 1873.
Dec. 1, 1903 - His to Eugene Whitecomb Sullivan Ohio
10,635
P. O.
Lucina Tombs
Service: Widow James Tombs or Tombs
REJECTED N.Y.
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: 78 20128 At Van Buren NY
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

no. w - w m. m. Sullivan, Ashland Co., Ohio, Nov 16 1903 Bureau of Pensions, Washington, D.C. Gentlemen:
In looking up some matters of family history I find that my great, great grandfather's name was Joseph Whitcomb and that he was born (probably) in Leominster, Mass. , and served in the French and Indian war and also was in the Revolutionary War with the rank of captain. The date of his birth is given as March 31, 1731.
I would like, if possible, to obtain some more definite information from your department as to the military service of the above mentioned Joseph Whitcomb.
On my mother's side my great grandfather James Torno is recorded to have served as a teamster during the Revolution and his widow Lucina (Cook) Torno of Jericho, N.Y. was granted a pension on acct of his services. It is probable that James Torno served from the vicinity of Saratoga N.Y.
Any information you can supply will be very acceptable. Very respfy Eugene Whitcomb

10,605 - R.
OLD WAR & NAVY NOV 21 1903 FILES.
PENSION U. S. NOV 19 1903

Washington June 13. 1844
Col. Edwards Sir
Enclosed is the Copy of a Bill which has pass'd the H. R. & is now in the hands of the com. of the Senate. The Chairman of that Com. Mr. Bates wish'd me to ascertain from you what for this year increased appropriation would be necessary if this bill become a law
You will much oblige me by a speedy answer
Yours &c D. L. Seymour

Washington Jan. 11. 1844
J. L. Edwards Esq
Peruvian Commission
Sir, I enclose you an the
9 th inst a power of atty. from Mrs. Jones to Mr. Lynde, purporting that same of to day was written without being aware of the change of atty. I enclose Mr. Lynde's letter in regard to his case.
When at your office I understood you to say that you would give me the information required, and I now understand the point of objection to be, that Mrs. Jones had an atty. other than Lynde - The attys. being changed I suppose the objection is removed, if not let me know and I will give it my personal attention. I have the honor to be
yours Obediently
Albert Smith

Washington, August 26, 1857 James E. Heath Esq Sir
Enclosed you will please find Power of Attorney and Additional evidence in the Case of Lucia Tomb, widow of James Tomb, an applicant for a pension under the act of 4 July 1836. The husband of Mrs Tomb, received a pension under the act of 7 June 1832 at $80 p ann, and as the testimony of the Witnesses now presented shows clearly that the marriage took place in 1778, it is hoped that no objection will be raised to the admission of her Claim under the act above referred to
Very Respectfully Your obt Servt Geo L. Ames

House of Reps March 7/ 1838
Sir
Enclosed herewith I send a communication from Doct M c G, Smith of Genesee Co NY. making inquiries in relation to the pension payable to Lucinda Goules will you have the goodness to furnish me with the information Doct Smith desires
Very Respectfully Sam l A. Leavitt A. L. Pack
Hon L. D. Cederberg Emerson Pending }

In the matter of the application of Lucina Tombs for a pension
Albany Dec 27. 1842
Sir
I herewith send to you a certificate from the Secretary of the State of New York showing that Elisha Benedict was a Captain in one of the Regiments raised for the expedition against Canada in the fall of 1775. Their enlistment & service was for six months .
It appears that James Tombs testified in his original declaration that he served under Captain Benedict six months in 1775 & 1776. & that he af- terwards served under Capt John Thompson in Lt Col Van Vechten's Regiment of Militia . It must have been an unintentional error if he declared that he served six months in 1775 & 76 under Colonel Van Vech- ten, being militia .
I believe that you have the original rolls of Col Van Schaick's Regt of 1775 & 76 - If it ap- pears therefore that James Tombs served in Cap- tain Benedict's Company for six months . I would respectfully request in behalf of the widow, that a certificate be issued for that length of service. She has at present no means of proving the service

under Captain Thompson, as she is too poor to employ an agent to visit the neighborhood of her husband's services, where only witnesses can be found.
I have the Honor to remain With Great Respect Your Obedient Servant W. B. Pierce
Wm L. Edwards Commissioner of Pensions

Pension Office December 17: 1842.
Sir,
In the case of Lucinda Tombs no pa- pers have been received since the date of my letter of 16. March 1838 to Hon: S. Peck of which a copy is herewith enclosed.
I am, very respectfully Your Obed. Serv. J L Edwards
W. B. Pierce Esqr Albany N.Y.

Albany Dec 9. 1852
Sir
The papers in the application of Widow Lucina Tombs (or Thorne) were forwarded to you by her late agent, Goold of Auburn N.Y. As she has not heard from them for some time, she requests me to inquire, what objection there is, (if any) to the allowance of her pension.
I have the Honor to remain With Great respect Your Obedient servant
W. B. Warne
Hon. J. K. Edwards Commissioner of Pensions

Hon L P Waugh Sir
Washington March 3 rd 1834
I transmit herewith some additional evidence in support of the claim of Lucina Tandy, widow of James, of New York.
These witnesses, who now testify, state that they were well acquainted with Mrs Tandy and her husband and children, that their eldest child is now 17 years of age, and that they have several witnesses. This statement they are enabled to make by referring to their own ages.
Mrs Tandy applied for a pension under the act of 4 July 1836. Should the evidence in the case not be deemed sufficient to show her marriage with James Tandy (who was a Pensioner under the act of 7 Mar 1832) before his death, it certainly shows they were married prior to 1794 and I ask that her claim may be allowed under the act of 9 May 1838.
Very Respectfully Edw D. Root Geo A. Root

Brother Sir, at the request of A. L. Lynde I enclose you the with power of atty. and at the same time I beg to call your attention to the Coder and mem. I left with you some time since -
I have the honor to be very respectfully &c. Albert Smith
Tuesday 9 th Jan.

State of New York } Secretary's office }
I certify that it appears by an original Return of the Second Regiment in the Colony of New York whereof Goose Van Schaick was Colonel dated August 7. 1775, on file in this office, that Elisha Benedict was a Captain in the said Regiment.
Arch d Campbell Dep. Secretary of State
Albany December 27. 1842

Lucina Tombs

Auburn NY May 21 1833
Sir
Enclosed I return the papers in the case of James Toms with the objections answered Will you please return the result of the application to me by return mail
Very Respectfully Your Obedient Servant A Gould
Hon J L Edwards

10,635-
3-068.
(Old No. 3-649.)
Bureau of Pensions.
James Tombs or Thomas
Sept. 20, 1832 - 78
Brutus N.Y.
May 26, Saratoga N.Y.
Capt. Benedict
Col. Van Vetchen
Bot & July 27 Oct. 77
78 Capt. Jno. Thompson
Col. Dickinson
Bot & m
79
do
do
bot - 4
Bot Saratoga
Boon 1755 Canaan Com Mrs. Lucina Cook
Dec. 31 - 1778 Ballstown m.
N. Nov. 4, 1834
She S. May 6, 1845-
Mid Alamin Ref.

Know all men by these presents that I Succia Jones of Castile in the County of Wyoming and State of New York widow of James Jones who was a pensioner of the United States do hereby constitute and appoint Albertus L. Lynde my true and lawful attorney for me and in my name to prosecute my claim to a pension from the United States on account of the services of my said husband Witness my hand and seal this 2 d day of Decem- ber 1844
Sealed & delivered in presence of John D. Sanderson
Succia Jones mark
State of New York } ss Wyoming County }
Be it known that on the 2 d day of December 1844 before the Subscriber a Justice of the Peace in & for said County personally appeared Succia Jones above named and acknowledged the foregoing power of attorney to be her act and deed. In testimony whereof I have hereunto set my hand the day and Year last above mentioned
John D. Sanderson
Justice of Peace
State of New York } ss Wyoming County }
I hereby certify that John D. Sanderson before whom the within power of attorney was acknowledged was at the time of taking the same a Justice of the Peace in and for said County duly authorized to take the same and that his signature above purporting to be his is genuine
Given under my hand and Official Seal this 3 d day of January 1844
Walter Howard Clerk

Oct 25 1843.
Mr, Tumb
Small

Warsaw New York October 20. 1843
Sir
James Tombs of Brutus in the County of Cayuga in the State of New York was a pensioner of the United States on account of services rendered in the American Revolutionary Army
Mr Tombs died at Brutus on the 4 th day of November 1834 leaving his widow Mrs Sarah Tombs
Some 5 or 6 Years since Mrs Tombs employed Amos Gould Esquire of Auburn New York as her agent to prosecute her claim to a pension on account of her husband's services
I am now her agent for the further prosecution of her claim and from her I learn that some papers sustaining her claim were sent to the Department by Gould but am unable to learn what they were Gould has since removed to parts unknown and I write you to learn what papers are on file in your office in her case and what further proof it will be necessary to produce to substantiate her claim
Your early consideration and answer is desired
Respectfully Yours
A. S. Lynde
J. S. Edwards Esq

Perry, Genesee Co. N.Y. December 14, 1837.
Sir, I enclose the Declaration of Lucina Tombs, together with the accompanying affidavits, in support of her claim to the benefit of the third section of the Act of Congress of the 4th of July, 1836.
As her husband, James Tombs, deceased, was a pensioner under the Act of June 7th 1832, it is presumed that the requisite proof of service, and of his decease, are on file in the Department.
If any thing further should be necessary to ensure a favourable decision on her case please inform me.
Very respectfully, Your Obd. Servant, Mason G. Smith.
Hon. J. L. Edwards, Commissioner of Pensions.