Revolutionary War Pension and Bounty Land Warrant Application File S. 4497, for John Lane, New Hampshire

SERVICE
NUMBER
NH
Lane, John
S 4497
CONTENTS
Carded

Pittsba Ohio 13.488 John Lane
of Trumbull in the State of Ohio who was a ser t in the Comp y commanded by Captain Matherly of the Reg t commanded by Col l Clyman in the New Hamp sh line for 5 Months Service 1 Do Corporal
Inscribed on the Roll of Ohio at the rate of 20 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 27 day of May 1833 and settled Geo Parsons Warren Trumbull Co Ohio
Arrears to the 14th of Mar ch 1833 $ 20.66 Semi-annual allowance ending 4 Sept r 10 16 $ 30 82
{ Revolutionary Claim, } { As June 7, 1832. }
Recorded by Book 6 Vol. 6 Page 118 M c Clurg h Clerk,

Sam Lane Ohio.
... Adm for 6 months and Month there of Corporal
George Parsons Esq. Clerk Marion Franklin Co Ohio

60  BRIEF in the case of  John Lane  of  Summersville  in the State of  Ohio  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Yes  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 8  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.     In 1796 set out 5 Private Capt. Mathews by Col. Hays   2 years 1797 0 Corporal Capt. Hays  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Cheshire Co. N. Hampshire  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Lane
Examining Clerk.

Perkins 4497
INVALID.
File No. 4497
John Lane
Coop. no War
Act: June 7  1862
Index:—Vol. 8 , Page 214
[Arrangement of 1870.]

The State of Ohio Trumbull County
AD 1832-
On this 23 rd day of August personally appeared in open Court before the Supreme Court of Ohio for the County of Trumbull, now sitting John Lane resident of Newton, Trumbull County, Ohio, 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 of the United States under the following named officers, and as well as known to him - was born in Connecticut in 1755 and entered the service in Connecticut  New Hampshire in the year 1776 as a volunteer in the Militia in the Regiment of Col. Weyman & company of Samuel Washburne Lieut. Ensign Hubbard & Lieut. Col. Wingah - entered enlisted - was encamped there 5 months, was there when the fleet under Arnold was destroyed - was dismissed with the Regt. On 3 days before the expiration of the term = The second time he entered the Militia as a volunteer in the Autumn of 1777, served about one month against the Indians, marched to Coahoes, Newbury etc = During the whole period of his service served as a Corporal - Samuel Herd was my Captain
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension-roll of the agency of any State -
sworn to and subscribed this day and year aforesaid
George Perkins Atty L 6
Interrogatories put by order of the Court -
John Lane
Quest 1. When and in what year were you born? Ans. Billingsworth, New London County, Connecticut, in the year 1755 - Quest 2 Have you any record of your age, and if so, where is it? Ans. Have no other record than memory - Quest 3 Where were you living when called into the service, where have you lived since the revolutionary war, and where do you now live? Ans. Lived in Connecticut -

Newton Trumbull County Ohio: Quest. 4 How were you called into the service, were you drafted were you a volunteer, or were you a substitute and of a substitute for whom? I was a volunteer - Quest. State the names of some of the regular officers who were with the troops when you were in such Continental & Militia regiments as you recollect, and the general circumstances of your service - Ans. I recollect only Col. Perry who is a remnant of Beatty's Regiment - Quest. Did you ever receive a discharge and if so by whom was it given, and what has become of it? Ans. I never received a written discharge - Quest. State the names of persons in your neighborhood to whom you are known, and who can testify as to your character for veracity, and their belief of your service in the revolution - Ans. Hon. Elisha Whittelsey - Esq. Mygatt - Haylen & others - Sworn to & Subscribed the day and year John Lane aforesaid George Persons blest. etc.
And the said Elisha Whittelsey states that after the investigation of the matter, and after passing the investigation passed by the War Department, that the above named applicant was a soldier and served as he states. And the Court further finding
We Elisha Whittelsey & George Mygatt uniting in his solemnly testify that we are well acquainted with John Lane who has submitted and sworn to the above declaration that we believe him to be seventy eight years of age, that he is a man of strict truth & veracity, in our opinion, and therefore we believe him to have been a soldier of the Revolution according to his statements.
Sworn to and Subscribed this 24th day of August 1832
George Persons blest. etc.
Elisha Whittelsey - George Mygatt

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 Elisha Whittsey, a Representative in Congress and George Mygatt the Sheriff of Franklin County are both residents of said County and that their statement is entitled to credit —
I George Parsons Clerk of the Court of Common Pleas Supreme Court of the State of Ohio within and for the County of Franklin, do hereby certify that the foregoing containing the original proceedings of the said Court in the matter of the application of John Lane for a pension.
In testimony whereof I have hereunto set my hand, and the Seal of said Court the 24 th day of August A.D. 1839.
George Parsons Clerk
John Lane
Application for
Pension —
4674
24 August 1839

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of 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? 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? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? 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? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? XVI. ‡ Are the papers authenticated as the regulations direct? 11.2 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 shown 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.