Revolutionary War Pension and Bounty Land Warrant Application File S. 5,122, for Ephraim Norcut, Massachusetts

SERVICE
NUMBER
Mass.
Norcut, Ephraim,
S. 5122
Carded
CONTENTS

15485 MASSACHUSETTS
Ephraim Norcutt x Middleboro in the State of MASS who was a Private in the Company commanded by Captain Welch of the Regt. commanded by Col. Crafts in the MASS line for 2 years Pri. of War
Inscribed on the Roll of Massachusetts at the rate of 100- Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of June 1833 and sent to Dear Plymouth Mass
Arrears to the 4th of March 1833 $200.00 Semi-ant. allowance ending June 1833 50.00 $250.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. B. D. D. D. Clerk, Book 1 Vol. 2 Page 59
Ephraim Norcutt. Records corrected. Apr. 20, 1904.
Copies of papers sent to H. M. W. B. D. D. D. Feb. 28. 1835.

Ephraim Norcutt 5802.
E. Norcutt

Commonwealth of Massachusetts
Plymouth ss. On this eighth day of August in the year eight hundred & thirty two personally appears in open Court before the Court of Probate for the County of Plymouth aforesaid now present Walter Wood Esquire Judge sitting Ephraim Norcutt a resident of Middleborough in the County aforesaid aged 74 years (seventy four 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 seventh eighteen hundred & thirty two, that he entered into the service of the United States under the following named officers and served as herein stated, viz: In the summer season of the year eighteen hundred & thirty five (the day or month I do not now recollect or can ascertain) enlisted  he enlisted as a private soldier into a military company commanded by Captain John Porter in Col. Sargent's Regiment of Massachusetts Troops; for eight months & thereupon marched to Red bridge near Boston and there in that vicinity served out the term and was regularly discharged but never had a written discharge. In the next year - viz, 1836, served two months in a company of militia at Newport on Rhode Island commanded by Capt. Joshua White of said Middleborough. The month a day in which commenced the last term of service he cannot recollect. Afterwards in the year eighteen hundred & thirty seven & in the summer season the day or month he now has no means of ascertaining, enlisted  he enlisted into a company of Artillery commanded by Capt. Bales for three years said company was attached to Col. Graft's Regiment Mass'tts Troops, and thereupon marched with three Brothers who also enlisted into the same company two of whom are now dead, to Boston - was stationed at Boston & at East-William in Boston Harbor - he was never different Captain during the term

and during said term was in General Sullivan's army in his expedition on Rhode Island. Served the said term out and was discharged, he thinks, in the month of May 1780: but had no written discharge. He further declares that he was born & brought up in the Town of Middleborough and has always lived in said Town except when absent in the service above mentioned. And he also declares that he is now on no pension list, and has received no pension from the United States.
That he knows of no officer or any other person except his Brother Lemar Norcutt, with whom he served in either of the terms aforesaid. That he has no record of his age but as he was informed by his Parents he was born in the year 1755. - And that he has no documentary evidence whatever of his services above mentioned.
Ephraim Norcutt
Signed and subscribed the day & year aforesaid Attest Jacob H. Lord Register
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogations prescribed by the War Department, that the above named applicant was a Revolutionary Soldier & served as he states.
Attest Jacob H. Lord, Register
I Jacob H. Lord Register of the Court of Probate for the County of Plymouth hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ephraim Norcutt for a Pension.
In testimony whereof I have hereunto set my hand and the Seal of said Court this eighth day of August in the Year of our Lord one thousand eight hundred and thirty two.
Jacob H. Lord

I Joseph Clark of Middleborough in the County of Plymouth & Commonwealth wealth of Massachusetts & twenty seven years of age testify & say that in the war of the Revolution in the year 1778. I was the surgeon of a Reg t of militia assembled in the State of Rhode Island for the purpose of expelling the British forces from the Island of Rhode Island which they then had possession of - This attempt was commanded by General Sullivan & was called Sullivan's expedition. I well remember of seeing among the American troops assembled on that occasion a Reg t of artillery called Col. Crafts Reg t and in said Reg t two individuals, viz, Ephraim Norcutt & Zenas Norcutt of Middleborough aforesaid with whom I had been previously acquainted in the said Reg t . I then understood had removed from Boston Mass s . The Surgeon of the said Artillery Reg t being absent I was requested by the Commander of the Company in which the s d Norcutts were to visit some of his men who were unwell one of whom viz, the above Ephraim Norcutt had a sore leg which I dressed - I saw these men before the troops went upon the Island aforesaid & after the retreat from said Island for a number of days - and further the Deponent says not. -
Joseph Clark
Plymouth J. August 8. 1832. Sworn to and subscribed in open Probate Court, Attest
Jacob H. Lord Register I certify that it appeared to the Court that the above named Joseph Clark is a credible person Attest J. H. Lord Reg t

I Lemar Norcutt of Middleborough County of Plymouth & Commonwealth of Massachusetts of lawful to give evi- dence, testify & say, that Ephraim Norcutt who subscribed & made to the foregoing declaration is my Brother & older than myself; that he the said Ephraim in the year 1777 in the summer season enlisted with myself into a company of Artillery commanded by Captain Batch & Lieut. Saltonstall & Ebenezer White of Middleborough aforesaid was a Sergeant in the company for the term of three years: that we thereupon marched to Boston & joined a Regiment of Massachusetts Troops com- manded by Col. Crofts  Reynolds that we were stationed at Boston and at Castle William in Boston Harbour & during our term we both went to Rhode Island in an expedition com- manded by General Sullivan & there  we both were discharged in May in the year eighteen hundred & eight: that none of us had any written discharge; that he has been in- formed & believes that all the officers under whom he and his Brother served in term aforesaid are now dead. and further the deponent saith etc.
Sworn to
Lemar Norcutt
Plymouth Jp. August 8. 1832 Sworn to and subscribed in open Probate, Attest
Jacob H. Lord Register
I certify that it appeared to the satisfaction of the Court that the above named Lemar Norcutt is a credible Witness, Attest
Jacob H. Lord Register

5802 Ephraim Mente
Rate of Tity 2 yrs,
16 06
May 18 1933
Mr J. L. H. Ags
Purk
P-206
Jacob W. Lord Plymouth Mass.

BRIEF in the case of  Ebenezer Sprague  of Maduelboro' in the State of Mass.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74 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.     Summer In 17 15 8 " As a Gen. Sgt. Porter Col Sergeant   76 " 2 " Private Capt White   Summer 77 3 " " Private Capt. Dole Col Sergeant  
 5. In what battles was he engaged? None Stated  6. Where did he reside when he entered the service? Middleborough  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living Witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Not Stated as credible 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
N. N. Addison Examining Clerk.

Rebuking ✓
5122
INVALID.
File No. 5122
Ephraim Norcutt Print R.W. War
Act: June 7 th 1832
Index:—Vol. M , Page 275
[Arrangement of 1870.]

E. Morant
3/11/18

Commonwealth of Massachusetts.
Secretary's Office, Feby. 28 th , 1833.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Ephraim Norcutt is found on the Muster-Roll of Capt. John Porter, in Col. Sargent's Regt. having enlisted July 3 d , 1775, and is allowed one month and three days. m. d. 1 3 Ephraim Norcutt's name also appears on an Abstract of the First Company, in Col. Thomas Crafts' Regt. of Artillery - time of service ended August 4, 1777, - where he is allowed seventeen days. 0 17 Ephraim Norcutt's name is found also on another Abstract of said First Company, service ending Oct. 1, 1777, - where he is allowed two months. 2 0 3 20
Said Norcutt claims also for services under Capt. Ingersoll and Capt. Cushing, - says his services commenced early in the war, and continued two years, in and about Boston, and in Genl. Sullivan's expedition to Rhode-Island. - He says he served in Col. Crafts' and Col. Revere's Regts. of Artillery, &c. - but the rolls for these last services are not found in this office, containing his name.
Edward D. Bangs, Secy. [over

Since what has preceded, it is thought proper to add, that ample Abstracts of Wages and Pay-Rolls of the several Companies under which Mr. Noreatt claims, are here found, - in which only the Officers and Subalterns' names are set forth, - and the number of Privates, (say 12, 13, 14, or 15) are given, without their respective names, - at the precise time to follow Oct. 1, 1777, which is found, viz. - from Oct. 1777, to Dec. 31, 1778.
Edward D. Bangs Secy.

Ephraim Noreutt 5802
Jacob W. Doud Plymouth Mass.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Ephraim Forcum 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?
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 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 Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? yes
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 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 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.
Application should be made to E. D. Bangs Secy of the State of Mass for evidence of the claimants service in last drafts Regt Art'y

We Joseph Clark residing in the Town of Middleborough a Physician, and Wilkes Moot, residing in the same place Aleborough and Judge of the Court of Probate for the County of Plymouth hereby certify that we are well acquainted with Ephraim Norcutt who has subscribed & sworn to the annexed declaration: That we believe him to be seven full years of age that he is respected & beloved in the neigh- borhood where he resides to have been a Soldier of the revolution and that we concur in that opinion. The said Ephraim Norcutt not belonging to any religious So- ciety & residing remote from any Clergyman is the the reason why the certificate of a Clergyman has not been obtained. And furthermore that as will from our per- sonal knowledge of the said Ephraim as well as from the uniform reputation among those who are casual- and but acquainted with him we can confidently state that that the said Ephraim entered the service of the United States as early as the year 1775 and was engaged in the military defence of the Country until the close of the revolution under various officers & in different com- panies with occasional & short periods of time spent at home.
Joseph Clark
Wilkes Moot
Commonwealth of Massachusetts County of Plymouth                     § 88.
On the 13 th day of May 1830, personally appeared before me the Subscriber a Justice of the Peace within & for said County. the above named Wilkes Moot and man

oath to the truth of the above declaration by him subscribed and I further certify that the said Most resides in said Middleborough, and is a credible person and that his statement is entitled to credit
Isaac Stevens Justice of Peace
Commonwealth of Massachusetts Plymouth County ss -
On the 13 th day of May 1833 personally appeared before me the Subscriber a justice of the Peace within & for the County aforesaid the aforementioned Joseph Clark & made oath to the truth of the above declaration by him subscribed and I further certify that the said Clark resides in said Middleborough and is a person well known to me and is a person of veracity and that his statement is entitled to credit
Wilkes Wood Justice of Peace
Johnathan Sweet
Commonwealth of Massachusetts. Plymouth ss. Jacob H. Lord Register of Probate for the County of Plymouth do hereby certify that Hon. Wilkes Wood & Isaac Stevens Esq s are Justices of the Peace for said County & that the foregoing signatures purporting to be theirs are true & genuine.
In testimony whereof I have hereunto set my hand & seal of Office this four- teenth day of May A.D. 1833. Jacob H. Lord