Revolutionary War Pension and Bounty Land Warrant Application File W. 14398, for James Tooly, Massachusetts

SERVICE
NUMBER
Continental Mass. Navy
Tooly, James Brown, Mary (Former widow.)
No. 14398.
CONTENTS

Rev
WIDOW, &c.
File No. 14398
Mary Brown Former Widow of James Tooly Priv. Rev. War
Act: July 4 th 1836
Index:—Vol. a , Page 88
[Arrangement of 1870.]

+
Rep
2734
Massachusetts
Mary Brown, formerly the widow of James Tooly, decd: — who died in the year, 1778 of Essex Co — in the State of Mass: — who was a priv: &c — in the company — commanded by Captain Selman of the Regt — commanded by Col: Glover in the Mass: — time for 13 mo: priv: Infy: in { 11 " Boatswain's mate }
Inscribed on the Roll of Massachusetts at the rate of 95 — Dollars 55 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 15th: day of July 1839 and sent to Jas Gregory, Marblehead — Mass: Arrears to the 14th of Mar: 1839 $764.40 Semi-annual allowance ending 4 Sept 47.77  812.17
{ Revolutionary Claim, Act July 4, 1836, Section the 3d } Joint Res: 3 mo: }
Recorded by M. H. ... Clerk, Book A Vol. 2 Page 46

4089
Mary Brown family record of James Tooley
Mass
Ad July 4 1852
Marrd 1774
decd 1778
Attaw
13 mds for diff: 43 33
11 Bedsteads Male - } 52 25-
$ 95 55-
Capt Salmon fd
Glovers
Philip gay Markhead Mass

State of Massachusetts } ss. Marblehead. County of Essex }
In this thirtieth day of August A. D. 1888, personally appeared before me, David Cummings Esquire, a Judge of the Court of Common Pleas & a Court of Record, within & for said State & County. Mary Brown, a resident of said Marblehead, aged Eighty 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 4th 1836, & the Act explanatory of said Act, passed March 3 d 1837: That she was the widow of James Fooley, who was a Private in the Company of John Selman of the 21 st Regiment of Massachusetts Foot, commanded by Colonel John Glover, in the war of the Revolution; that her said husband resided in Marblehead aforesaid at the time of his enlistment, & enlisted in said Corp. & in said town, in the eight months service, as a volunteer, on the twenty fifth day of May , A. D. 1775: that her said husband continued in said Corp. doing his duty in & about said Marblehead until the 22 d day of June following, when he marched with said Regiment to Cambridge, near Boston, & joined the American troops encamped there under the command of General Ward; that General Washington arrived shortly after & took the command: that her said husband continued with said Regiment doing his duty at said Cambridge & around said Boston until the thirty-first day of December following, when the term of his enlistment having expired said Regiment was discharged.
She further declares that according to the best of her knowledge & belief her said husband again, & immediately after his said discharge entered the military service at said Cambridge, & on the first day of January or about the first day, he enlisted as a Private & volunteer, for the term of one year, into the 14 th Regiment of Infantry, of the Continental Army, Massachusetts Line, commanded by Colonel John Glover, formerly of the 21 st Regiment of Massachusetts Foot, being the same Colonel under whom he served the year before: that she has an exact

The further declares that according to the best of her knowledge & belief her said husband again, & immediately after his said discharge entered the military service at said Cambridge, & on the first day of January or about the first day, he enlisted as a Private & volunteer, for the term of one year, into the 16 th Regiment of Infantry, of the Continental Army, Massachusetts Line, commanded by Colonel John Glover, formerly of the 2 d Regiment of Massachusetts Foot, being the same Colonel under whom he served the year before: that she has no recollection of the name of the Captain under whom he served in this last named Corps: that he marched to Beverly shortly after with said Regiment, where said Regiment was ordered to take up its quarters as a Marine Regt. recruit more men for the new one years' service, & furnish crews to such State & Continental Privateers as wished for them from its ranks: that he continued with said Regiment, at said Beverly, doing his duty there from time to time, until some time in the month of July following, at which time the late Commodore Tucker arrived there in the State or Continental Schooner Hancock, & called for volunteers from said Regiment: that her said husband & several of his fellow townsmen accordingly volunteered their services, & enlisted on board said Schooner Hancock, on or about the middle of said July: that her said husband acted in either the capacity of Boatswain or Boatswains' Mate: that her said husband went two cruises in said Beverly successfully, & returned home the latter part of the month of November or first of December

following, & was then Discharged: That said Schooner Hancock while on said two cruises captured six prizes, all of which they got safe into Port save one, which was retaken.
She further Declares that, according to the best of her knowledge & belief, her said husband again entered the Naval service, at said Newbedford, as a volunteer, some time in the spring of the year 1777, & served as Boatswain on board the Continental Brig General Gates, John Skinner Esq. Commander; one cruise of six months - from April to October of that year, & was then Discharged: That she has but an indistinct recollection of this service, but is nevertheless certain that he did serve one cruise with said Capt. Skinner, & she has no doubt it was on board said Brig General Gates, at or about the time mentioned: That he was either Boatswain or Boatswain's mate in all his Naval service: That she was married to him the December before the War, & recollects perfectly well of using his Silver Boatswain's Call as a toy for her children when her said husband was not at sea, & for many years after his death: That she has no documentary proof & knows of no person whose testimony she can procure to testify concerning this last period of her said husband's services, & she begs to test the truth of the facts which she has herein stated from the best of her recollection, by such documentary evidence as the Rolls of the Revolutionary Navy at Washington may afford.
She further Declares that she was married to the said James Foley on the fifteenth day of December, in the year seventeen hundred & seventy-four, & that her husband, the aforesaid James Foley, died while on his passage from the West Indies in a Letter of Marque, some time in the year seventeen hundred & seventy-eight, that she was afterward married to Thomas Martin, who died while a Prisoner of War in Mill Prison, in England, A.D. 1783 the same being the year of Peace: That she was afterward married to Thomas Brown, who died March 11th, A.D. 1833: That she was a widow on the 4th of July, 1836, & still remains a widow, as will more fully appear by reference to the proof hereto annexed.
Witness,
James Gregory
her Mary T. Brown mark
Sworn to & subscribed, on the day & year above written - the said applicant being unable by reason of infirmity to appear inity to appear in Court. Before me,
David (signature)

COMMONWEALTH OF MASSACHUSETTS.
ESSEX, ss.
I, JOHN PRINCE, Clerk of the Court of Common Pleas, within and for the County of Essex, do certify, that Hon. David Cummins is Judge of the Court of Common Pleas within and for said County. That was at the date of the papers annexed -
That James Gregory Esquire is a Justice of the Peace, within and for said County, was at the date of these papers and that their signatures hereon are genuine.
WITNESS MY HAND, and the Seal of said Court of Common Pleas,
May 15, A. D. 1830.
John Prince Clerk.

Extract from the Record of Marriages in the Town of Marblehead, County of Essex & State of Massachusetts.
Seventeen hundred Seventy four December fifteenth James Tooley and Mary Harris, both of this Town
Seventeen hundred Eighty May Twenty seventh Thomas Martin and Mary Tooley both of this town
Eighteen hundred Three March Thirteenth
I certify that the above are true extracts from the Records with the exception of the dates, which are expressed on the Record in fair legible figures as follows viz 1774 Dec r 15 1780 May 27 1803 Mar 13
Rich d Homan I, Rich d Homan, above named depose & say that I hold the office of clerk of the Town of Marblehead, County & State aforesaid, & that the above are true extracts from the records, with the exceptions above named, as certified by me.
Rich d Homan Clerk of the Town of Marblehead
Marblehead September 13th 1838
Then personally appeared Richard Homan, a credible witness & made solemn oath to the above affidavit by him subscribed.
Before me,
James Gregory, J. of the Peace.

I, William Harris jr. of Marblehead in the County of Essex, & Commonwealth of Massachusetts, do on my oath testify & declare that I am in the Seventieth year of my age; that I was in the seventh year of my age at the time the Revolutionary War broke out; that consequently I was too young to take any part in it at its commencement, but went one cruise in the ship Buccaneer of Beverly, Jesse Pearson of Beverly commander, in the year 1782. We sailed from Salem early in the spring of said year, & after cruising about four months went into the Port of L'Orient in France, & got our ship refitted, & then made two cruises from said Port; that during our said cruise or cruises we captured sixteen Prizes, most of which we got safe into France; that my late brother John Harris was Prize Master of three of said Prizes; that I accompanied him into France with two of them, & home to said Beverly in the third, which was a valuable ship; that we arrived home in said ship after the news of Peace arrived, & after an absence of thirteen months; that I was well acquainted with James Gooty the first husband of Mary Brown, who is understood to have signed the Declaration hereon. Said James Gooty married my eldest sister the December before the war, & I well recollect that said James Gooty belonged to the Regiment commanded by Colonel John Glover the first year of said War, & marched in said Regiment from said Marblehead to Cambridge, near Boston. I cannot state positively what company he served in, but I do nevertheless well recollect that he served in said Regiment and I do further well recollect that he served in said Regiment until the close of the year of 1775, and until the Regiment was discharged. Said Gooty was also in much Public Service during the remaining three years of his life, & after his said discharge at Cambridge, but I cannot testify positively to any other service performed by him. I do however know that he served as a Boatswain or Boatswains mate with "Commodore Samuel Hughes" & also with "Commodore Manly" but what the names of the vessels were in which he so served, & how long he so served, I am unable positively to declare. I know that after said Gooty's death his sister married Thomas Moulton, & he died in Prison in England in said War, & I further know that she afterwards married Thomas Bourn who has been dead more than five years, & that she has remained a widow, & not remarried since his death. I so testify,
William Harris
Saml. C. Ivery J. Gregory
Commonwealth of Massachusetts } County of Essex } ss.
Marblehead, October 26th, 1838.
Then personally appeared the above named William Harris jr. a credible & undoubtable witness, & made solemn oath in due form of law, to the truth of the foregoing affidavit by him in my presence subscribed, Before me James Gregory, J. of the Peace.

I, William Thompson, of Marblehead, in the County of Essex, & Commonwealth of Massachusetts, do on my oath testify & declare, that I am in the fifty-second year of my age; that on the fifteenth day of May, A. D. 1775, I enlisted as a Private & volunteer into the Company of Capt. Joel Smith, of the 21 st Regiment of Massachusetts Foot, commanded by Colonel John Glover: that I enlisted in said Marblehead & served in said Company-first as a Private & then a Corporal - During the whole term of its enlistment - which said enlistment expired on the last day of said year of 1775, when said Regiment was discharged at Cambridge, near Boston - within it had been from the 22 nd day of June of the same year; that immediately after my said discharge I again enlisted into the second Regiment of Artillery, of the New York Continental Line, commanded by Colonel (afterwards General) Plume, & served therein from time to time during the whole war, & was with the Army at the capture of Lord Cornwallis, at Yorktown, in Virginia, Oct. 19 th 1781: that I was pensioned in the month of July, 1818, for said service, & have since had my Pension increased - by reason of serving part of my term as a Sergeant - so that it now amounts to $110 per annum.
That while I belonged to the Regiment of Colonel Glover aforesaid - in the first year of the war - I well recollect that Thomas Tooley - the first husband of Mary Brown, who is understood to have signed the declaration herein - belonged to said Regiment, & according to the best of my recollection he served in that Company of said Regiment which was commanded by Captain John Selman, & continued with said Regiment doing his duty at said Cambridge, from time to time until it was discharged on the last day of the said year of 1775. Said Tooley enlisted in said Regiment some time in the spring of the year of 1775, but the precise day of his enlistment I cannot swear positively to, although I have no doubt it was as his said widow has herein declared. The last husband of said Mary, Thomas Brown, has been dead for several years, & I know that his said widow is now a widow, & has remained a widow ever since his death.
Witness, Joseph Mansfield J. Gregory
his William X Thompson marks
Commonwealth of Massachusetts } ss. Marblehead, October 28 th , 1838. County of Essex }
Then personally appeared William Thompson - above named - a witness who is personally known to me to be of good moral character, & good & undoubted character for truth & veracity, & made solemn oath in due form of law to the truth of the above affidavit by him in my presence subscribed.
Before me, James Gregory, J. of the Peace.