Revolutionary War Pension and Bounty Land Warrant Application File R. 798, Ephraim Berry, Mass.

SERVICE
NUMBER
Mass.
Berry, Ephraim Polly
N 798
CONTENTS

4 Peter and John imprisoned. 5 Their deliverance. 6 They are threatened.
AND as they spake unto the people, the priests and the captain of the temple and the Sadducees came upon them,
2 Being grieved that they taught the people, and preached through Jesus the resurrection from the dead.
3 And they laid hands on them, and put them in hold unto the next day; for it was now even-tide.
4 Howbeit, many of them which heard the word believed: and the number of the men was about five thousand.
5 ¶ And it came to pass on the morrow that their rulers and elders and scribes,
6 And Annas the high priest, and Caiaphas, and John, and Alexander, and as many as were of the kindred of the high priest, were gathered together at Jerusalem.
7 And when they had set them in the midst, they asked, By what power or by what name have ye done this?
8 Then Peter filled with the Holy Ghost said unto them, Ye rulers of the people, and elders of Israel,
9 If we this day be examined of the good deed done to the impotent man, by what means he is made whole;
10 Be it known unto you all, and to all the people of Israel, that by the name of Jesus Christ of Nazareth, whom ye crucified, whom God raised from the dead, even by him doth this man stand here before you whole.
11 This is the stone which was set at nought of you builders, which is become the head of the corner.
12 Neither is there salvation in any other: for there is none other name under heaven given among men whereby we must be saved.
13 ¶ Now when they saw the boldness of Peter and John, and perceived that they were unlearned and ignorant men, they marvelled: and they took knowledge of them that they had been with Jesus.
14 And beholding the man which was healed standing with them, they could say nothing against it.
15 But when they had commanded them to go aside out of the council, they conferred among themselves,
16 Saying, What shall we do to these men: for that indeed a notable miracle hath been done by them is manifest to all them that dwell at Jerusalem; and we cannot deny it.
17 But that it spread no further among the people, let us straitly threaten them that they speak henceforth to no man in this name.
18 And they called them, and commanded them not to speak at all nor teach in the name of Jesus.
19 But Peter and John answered and said unto them, Whether it be right in the sight of God to hearken unto you more than unto God, judge ye.
20 For we cannot but speak the things which we have seen and heard.
21 So when they had further threatened them, they let them go, finding nothing
how they might punish them, because of the people: for all men glorified God for that which was done.
22 For the man was above forty years old on whom this miracle of healing was shewed.
23 And being let go they went to their own company, and reported all that the chief priests and elders had said unto them.
24 And when they heard that, they lifted up their voice to God with one accord, and said, Lord, thou art God, which hast made heaven and earth and the sea, and all that in them is;
25 Who by the mouth of thy servant David hast said, Why did the heathen rage, and the people imagine vain things?
26 The kings of the earth stood up, and the rulers were gathered together against the Lord and against his Christ.
27 For of a truth against thy holy child Jesus whom thou hast anointed, both Herod and Pontius Pilate, with the Gentiles and the people of Israel, were gathered together,
28 For to do whatsoever thy hand and thy counsel determined before to be done.
29 And now, Lord, behold their threatenings: and grant unto thy servants that with all boldness they may speak thy word,
30 By stretching forth thine hand to heal; and that signs and wonders may be done by the name of thy holy child Jesus.
31 And when they had prayed, the place was shaken where they were assembled together: and they were all filled with the Holy Ghost, and they spake the word of God with boldness.
32 And the multitude of them that believed were of one heart and of one soul: neither said any of them, that ought of the things which he possessed was his own; but they had all things common.
33 And with great power gave the apostles witness of the resurrection of the Lord Jesus: and great grace was upon them all.
34 Neither was there any among them that lacked: for as many as were possessors of lands or houses, sold them, and brought the prices of the things that were sold,
35 And laid them down at the apostles' feet: and distribution was made unto every man according as he had need.
36 And Joses, who by the apostles was surnamed Barnabas, which is, being interpreted, The son of consolation, a Levite, and of the country of Cyprus,
37 Having land, sold it, and brought the money, and laid it at the apostles' feet.
CHAP. V.
1 The death of Ananias and Sapphira. 2 The apostles imprisoned again, and delivered.
BUT a certain man named Ananias, with Sapphira his wife, sold a possession,
2 And kept back part of the price, his wife also being privy to it, and brought a certain part, and laid it at the apostles' feet.
3 But Peter said, Ananias, why hath Satan filled thine heart to lie to the Holy Ghost, and to keep back part of the price of the land?
4 Whilest it remained, was it not thine own? and after it was sold, was it not in thine own power?

34 For David is not ascended into the heaven: but he saith himself, The Lord said unto my Lord, Sit thou on my right hand, 35 Until I make thy foes thy foot-stool. 36 Therefore let all the house of Israel know assuredly that God hath made that same Jesus whom ye have crucified both Lord and Christ. 37 Now when they heard this, they were pricked in their hearts, and said unto Peter and to the rest of the apostles and brethren, What shall we do? 38 Then Peter said unto them, Repent, and be baptized every one of you in the name of Jesus Christ for the remission of sins, and ye shall receive the gift of the Holy Ghost. 39 For the promise is unto you, and to your children, and to all that are afar off, even as many as the Lord our God shall call.
40 And with many other words did he testify and exhort, saying, Save yourselves from this untoward generation. 41 Then they that gladly received his word were baptized: and the same day there were added unto them about three thousand souls. 42 And they continued stedfastly in the apostles' doctrine and fellowship, and in breaking of bread, and in prayers. 43 And fear came upon every soul: and many wonders and signs were done by the apostles. 44 And all that believed were together, and had all things common; 45 And sold their possessions and goods, and parted them to all men, as every man had need. 46 And they continuing daily with one accord in the temple, and breaking bread from house to house, did eat their meat with gladness and singleness of heart; 47 Praising God, and having favour with all the people. And the Lord added to the church daily such as should be saved.
CHAP. III.
1 Peter and John restore a lame man, 12 ascribing the cure to the name of Jesus, 19 and exhorting to repentance.
NOW Peter and John went up together into the temple at the hour of prayer, being the ninth hour. 2 And a certain man lame from his mother's womb was carried, whom they laid daily at the gate of the temple which is called Beautiful, to ask alms of them that entered into the temple. 3 Who seeing Peter and John about to go into the temple, asked an alms. 4 And Peter fastening his eyes upon him, with John, said, Look on us. 5 And he gave heed unto them, expecting to receive something of them. 6 Then Peter said, Silver and gold have I none; but such as I have give I thee in the name of Jesus Christ the Nazareth, rise up and walk. 7 And he took him by the right hand, and lifted him up; and immediately his feet and ankle bones received strength. 8 And leaping up, stood, and walked,
and entered with them into the temple, walking and leaping, and seeing and hearing, and all the people saw him walking and praising God: 10 And when they saw that it was he which for alms sat at the Beautiful gate of the temple, they were filled with wonder and amazement at that which had happened unto him. 11 And as the lame man which was healed held Peter and John, all the people ran together unto them in the porch that is called Solomon's, greatly wondering. 12 And when Peter saw it, he answered unto the people, Ye men of Israel, why marvel ye at this? or why look ye so earnestly on us, as though by our own power or holiness we had made this man to walk? 13 The God of Abraham and of Isaac and of Jacob, the God of our fathers hath glorified his Son Jesus; whom ye delivered up, and denied him in the presence of Pilate, when he had determined to let him go. 14 But ye denied the Holy One, and the just, and desired a murderer to be granted unto you; 15 And killed the Prince of life, whom God hath raised from the dead; whereof we are witnesses. 16 And his name, through faith in his name, hath made this man strong, whom ye saw and know; yea, the faith which is by him hath given him this perfect soundness in the presence of you all. 17 And now, brethren, I wot that through ignorance ye did it, as did also your rulers. 18 But those things which God before shewed by the mouth of all his prophets, that Christ should suffer, he hath so fulfilled. 19 Repent ye therefore, and be converted, that your sins may be blotted out, when the times of refreshing shall come from the presence of the Lord; 20 And he shall send Jesus Christ, which before was preached unto you: 21 Whom the heaven must receive until the times of restitution of all things, which God hath spoken by the mouth of all his holy prophets since the world began. 22 For Moses truly said unto the fathers, A prophet shall the Lord your God raise up unto you of your brethren, like unto me; him shall ye hear in all things whatsoever he shall say unto you. 23 And it shall come to pass that every soul which will not hear that prophet shall be destroyed from among the people. 24 Yea, and all the prophets from Samuel, and those that follow after, as many as have spoken, have likewise foretold of these days. 25 Ye are the children of the prophets, and of the covenant which God made with our fathers, saying unto Abraham, And in thy seed shall all the kindreds of the earth be blessed. 26 Unto you first, God having raised up his Son Jesus, sent him to bless you, in turning away every one of you from his iniquities.

Marrried
Ephraim Berry To Martha G. Clard June 20 th 1789
Ephraim Berry Jr born Jan 1791

(No 2) Married
Ephraim Berry to Polly Cleveland Dec 26 1792
EX

Declaration
In order to obtain the benefit of the act of Congress of the 7 July 1838 entitled "an act granting half pay & pensions to certain widows" State of New York } - On this thirteenth day of October - 1845 County of Tompkins ss - On this thirteenth day of October - 1845 personally appeared before the subscriber one of the Judges of the court in & for said county Polly Berry now of Danby in said county aged Seventy three 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 provisions made by the act of Congress passed July 7. 1838 entitled "an act granting half pay and pensions to certain widows" That she is the widow of Ephraim Berry late a soldier in the war of the revolution, that her said husband resided in Rutland Massachusetts, resided in Doctor Frink's family, this deponent having been married ten years after the close of the war, cannot give name of officers, but understands that her husband served three years. She further declares that she was married to the said Ephraim Berry on Christmas day December the 25th 1793 Seventeen hundred & ninety three, agrees to the record on the attached bible leaf. That her husband the said Ephraim Berry died in March 1828; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January Seventeen hundred & ninety four, viz, at the time above stated Sworn & subscribed before me the day & date above written
Polly Berry
Arthur S. Doolittle Judge of Tompkins County Court
I certify that the above named Polly Berry is a respectable person, that she cannot from bodily infirmity attend the court
Arthur S. Doolittle Judge of Tompkins County Court

No. 1. No. 2.
State of New York
Douglas County for I Henry B. Mearns Clerk of the County of Tompkins do hereby certify that Arthur S. Johnson before whom the within discharge purports to have been subscribed and sworn to whose name is subscribed to the jurat thereto and to this certificate therewith written was at the date of the same an Atty is a Judge of the County courts in & for said County Commissioned and sworn and duly authorized as such and further that I am well acquainted with the hand writing of said Judge and truly believe that his signature to said jurat and certificate is genuine
In witness whereof I have hereunto set my hand and affixed the seal of said County at Ithaca in said County this 13th day of October in the year of our Lord one thousand eight hundred and forty five - Henry B. Mearns Clerk

February 21, 1936
XXXXXXXXXXXXXXXXXXXX
Mrs. Carrie Mattocks Califf Avondale Pennsylvania
EPHRAIM BERRY R. 798 BA-J/ILL:MLB
Dear Madam:
The data herein were obtained from the papers on file in pension claim, R. 798, based upon service in the Revolutionary War of Ephraim Berry.
The date and place of this soldier's birth and names of his parents are not given.
Ephraim Berry was a resident of Rutland, Worcester County, Massachusetts, at the time of the Revolutionary War.
As shown by the family record, Ephraim Berry married June 20, 1789, Martha Cleveland; there is no further reference to her. He married December 25, 1793, Polly Cleveland. The date and place of her birth and names of parents are not stated.
Ephraim Berry died March 15, 1828, place not shown.
Soldier's widow, Polly Berry, applied for pension October 13, 1845, at which time she was aged seventy-three years and a resident of Danby, Tompkins County, New York. She stated then that, while a resident of Rutland, Massachusetts, Ephraim Berry enlisted and served as private in the Massachusetts troops on several tours of six months each, amounting in all to between two and three years, but that she did not know the names of his officers, and gave no dates of enlistments or service. She submitted a Massachusetts State report which showed that one Ephraim Berry served six days from April 20, 1775, as private in Captain David Bent's company; from July 27 to August 23, 1778, as private in Captain John Boynton's company, both tours under Colonel Nathan Sparhawk in the Massachusetts troops, and from July 5 to December 14, 1780, as private from the Town of Rutland.
Her claim was not allowed as she failed to prove the identity of the soldier who rendered the service with her husband, Ephraim Berry.

A few years after making this application, Polly Berry moved from New York State to Bradford County, Pennsylvania. She resided in West Burlington, in that county, and in 1852, in Springfield, said Bradford County.
On the family record, referred to in connection with the marriage of Ephraim, there is only one other notation, namely, Ephraim Berry, Jr., born Jan. 1791. There is no reference to children in the papers on file in this claim.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Ex'r.
INVALID.
798
Acts of July 14, 1862, and March 3, 1878.
Polly Barry
P. O. _____
Service: Printed - List of Rejected + Suspended Pensions - shows - Page 175 -
Status: Suspended - reason - _____, 18__.
Charged: "For proof of identity with the soldier of the same name on the Massachusetts rolls." L.L.R.
Application filed: _____, 18__.
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
1933 - April 15, Hist. to Mrs. D. F. Robson - 3337 Ref. to Mrs. D. F. Robson for Desertion 1936 Feb. 24 - Hist. to Mrs. Carrie Mellock Califf (Mrs. Carrie Mellock Califf) M.R.L.

N 13767 Polly Berry NY L. & H. Co. Plack March 6 - 1882 Set P. Morris Danby, NY " Pohkele West Burlington Pa " Rutland, Mass. Set T. Lumpkin Nov. 18/81 Set for Socy the Interior same Major Feb. 4, 1882 17 Mil 1888 2nd Interior April 5/81
June 28/81
Correspondence Set T. Lumpkin June 3/82.

Paul Harvey Replenishment Claim - Applied to the New York
No 4 Bobby Derry N.Y. Nov 58
Mr. Cag
March 15 1959
Mr. Lumpkin
Ex by Mr. Lumpkin April 8-59

Mr Thomas Lumpkin
Sir
I hereby constitute and appoint you my agent, and choose you to act for me in all things relating to obtaining a pension due me for the services of my husband Ephraim Berry
Dated West Burlington
Pennsylvania Feb 1857
Polly Berry Mam
in presence of { S. H. Stiles A. C. Sworn's

Department of the Interior Washington June 2. 1852.
Sir
I have examined the papers in the case of Polly Berry an applicant for a pension under the act of July 7 th . 1838 and have to inform you that your decision in the case is affirmed. — The papers are herewith returned to the Pension Office.
I am very respectfully Your Obedient Servant Alex. A. A. Stuart Secretary
James E. Heath Esq. Commissioner of Pensions

81) Washington City May 13 th 1852. Thos Sempkin.
Enc: letter from Zadock W. Gates Post master at Rutland Mass. as additional proof in the case of Col. Berry.
Rec. - May 15. 1852

Washington D.C. May 13th. 1892
Sir, I have the honor to enclose herewith a letter from the Post Master at Rutland, Mass., which I desire may be filed with the papers now before you upon appeal, in the case of Mrs. Polly Berry, widow of Ephraim Berry. I hope it may (with the letter elicited by the voluntary act of the Pension Office on the same point, viz: identically prove satisfactory.
I have the honor to be Very resp'y, Mr. Chas. Root Th. D. Root
Hon. A. H. H. Stuart, Secy. of the Dept. of the Interior.

Attleboro May 16 3
5
Thomas Lumpkin Esq Washington D.C.

Rutland Mass May 10 1852
Dear Sir
Yours of April 12 th , inquiring enquiries in regard to the "Ephraim Berry pension case", was duly received.
There is an old Pensioner, by the name of Joel Hubbard, residing in this town, who, in his lighter moments, remembers Ephraim Berry. He says Ephraim Berry enlisted and went into the Service from this town, but never afterwards returned here.
I have understood also, that there was a widow Lady, residing in the neighboring town of Holden, by the name of Drury - a native of this town - who remembers said Berry's going into the Service, but never nothing of him afterwards.
Respectfully yours
Zadock W. Gates

State of Pennsylvania County of Bradford
Know all men by these that I Polly Berry widow of Ephraim Berry a revolutionary soldier of Bradford County State of Pennsylvania do hereby con- -stitute and appoint Vespasian Ellis Esq of Washington City irrevocably my true and lawful attorney, for me and in my name and for my benefit to prosecute my claim for a pension and receive my certifi- -cate for a pension and to do all lawful acts in relation to my claim and hereby revoking all former powers of attorney given by me
In testimony whereof I have hereunto set my hand and seal this 16 day of June 1854 Polly Berry
Witnesses D. S. Libby
X Seal her mark } Widow
M. L. Berry
On this 16 day of June 1854 Personally appear- -red before me a Justice of the peace duly authorized by law to take the acknowledgement in and for the county and State aforesaid Polly Berry and acknowledged the above power of attorney to be her free act and deed for the purposes therein mentioned
A. Vincent J. P

State of Pennsylvania } Bradford County } ss
I Allan M c Keam Prothonotary of the Court of Common Pleas of the County aforesaid and State of Pennsylvania do her- by certify that O. A. Vincent whose name is sub- scribed to the within certificate is and was the time of the Execution & signing thereof a Notary of the Pleas in and for said County, Duly Com- missioned as such and that the signature thereto purporting to be his is genuine.
In testimony whereof I have hereunto set my hand & affixed my Official Seal at Towanda the 27 th day of June A.D. 1854
Allan M c Keam Protho.
July 15 1852

77
Comm ee of Pensions, April 5, 1852
In relation to the case of Sally Henry
April 6, 1852

Pension Office
April 5 1852
Sir.
I herewith return the letter of Mr. Sumpkin relative to what he terms "an important paper in the case of Polly Berry," in which he has appealed to you from the decision of this office, and have the honor to state, that all the testimony in the case, of whatever character, was transmitted to you with my communication of the 27 th .
I have the honor to be,
Very respectfully,
Your obedient Servant,
D. Heath,
Commissioner of Pensions.
Hon. A. H. H. Stuart, Secretary of the Interior.

Paver of ally caused Ephraim Perry.
Myas.
or Pean
New York
supplied
Nov 23 d - 52
LE Hassen
Breslau.

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
STATE OF Pennsylvania } COUNTY OF Bradford }
Be it known that before me
Hiram W Root — a Justice of the Peace personally appeared Polly Berry aged 79 years, who being duly cautioned and then sworn in due form of law, states that she is the Widow of Ephraim
Berry who was a Revolutionary † Soldier in the State of Massachusetts and that he died on the fifteenth day of March 1823 and that mother, named Polly Berry died on the 18th day of December in the year 1793 and that they were residents of Salem in the State of New York and that they resided there three years, and that she now resides in Springfield, Bradford Co Penna and that furthermore the said Polly Berry BY THESE PRESENTS constitutes, appoints, and fully empowers and authorizes, irrevocably and with powers of substitution, F. E. HASSLER, of Washington city, D. C., as her true and lawful Attorney for her and in her name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government and State officers her rights in all and in any manner of claim for increase or arrears of Pension or Land, that may be due her as the Widow of Ephraim Berry who died leaving the same undrawn, as in right of law said Polly Berry may be entitled.
In witness whereof, she has on this second day of October 1852, hereunto signed her name, and affixed her seal.
Polly Berry mark
Witness: H. W. Root } Witness: Thos. Smedley }
Signed, sealed, acknowledged, and sworn to before me; and I further certify, that the said Polly Berry has always by the community been known as the Widow of Ephraim Berry deceased
Dated on this second day of October 1852.
H. W. Root — J. P.
State of Pennsylvania } to wit: COUNTY of Bradford }
I hereby certify, That Hiram W Root — Esq., before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of Bradford County Court, this fourth day of October one thousand eight hundred and fifty two
Almon Kean Prothonotary
* If a Widow applies, state "the date of marriage, and date of death of her husband." † State under what act pensioned, or when pension commenced, if a pensioner—and amount of pension.

Washington, D.C. April 14th, 1857.
Sir,
The case of Polly now of Penn. Berry, formerly of New York, widow of Ephraim Berry, reported back to you upon my appeal from the Pension Office, I have the honor to state that I have read the letters signed by the Commissioner, and beg leave to state that the facts in the case are not susceptible of the construction placed upon them by the examiner, but in my opinion fully viewed as they should be by some little degree of clemency will justify the allowance asked for by this old relict of the Revolution. She claimed from Tompkins County N.Y. and produced to the Department the certificate of the Secretary of Massachusetts showing payments for some seven months service made to Ephraim Berry the only person found on the records of his name  state . She also produced a leaf taken from an old Testament showing that her marriage took place on the 25th December 1793, which bears upon its face marks of antiquity and genuineness. The declaration was presented by the Hon. Mr. Blackmore of N.Y. a copy of the reply to his letter enclosing it, is with the papers. Shortly after or before her case came up for examination, she moved to Penn. and not having ever heard any thing from her case, she was induced to change her Agent and the case was sent to me. I duly examined the papers in April 1857, and found that no letter had ever been written in the case except the one to Mr. Blackmore. Altho' the examiner has undertaken to state "that Dr. Doy Esq., an experienced Agent who in 1845 drew up the declaration and obtained the certificate of the Secretary of Mass. tried for a long period, to obtain what he deemed competent proof of identity and marriage, and

not being able to do so, handed the papers over to the claimant". In my examination of the real merits of the case, I deemed the it case made out as near as it could well be. The only only possible objection which might be urged against it was that the identity might not be as clear as that of the proof of marriage and service. When the case came up in July following, the examiner it will be perceived only doubted the allowance of the it on the ground of identity, and instead of so informing me, he volunteered to write a letter to some Functionary on this score. see a letter signed H. L. Evans for the Commr. marked "Private". This was wrongfully directed. He again addressed the P. M. at West Burlington Pa dated August 9th 1851, which elicited the same information and obtained it. see this letter also in the papers. In conclusion, I most respectfully, Sir, ask for this claim your most careful attention believing that undue and neglect has been awarded it, and improper influence sought or practised to prejudice it.
I have the honor to be Sir, very resp'y, Yours/Off Sec'y. Th. D. Dunscomb.
Mem. A. H. H. Stuart Sec'y. of the Dept. of the Interior.

Washington April 1 st 52 70 Mch 29 th /52 Th. Gumpkin
Rel to the case of Polly Barry. _____
Kirby
Ref o to Comnd of Pensions. Mch 30 th /52 Int l Dept t  49
Rec Mch 29/52

Washington D.C. March 29 th 82
Sir, I have the honor to state that I addressed you a letter some weeks since respecting an important paper which was withheld from the case of Mrs Polly Berry, of New York, widow of Ephraim last 7 th July 1838 reported back to your Dept. from the Pension Office. I learn that the paper alluded to, has not been produced, and hence repeat my request that it should be. I have the honor to be, Sir. Very respectfully Yours &c. &c. &c. Th. D. Dunscomb
Hon. A. H. H. Stuart Secy of the Dept. of the Interior.

Comm t of Pensions March 27. 1852.
Report in the case of Polly Berry under Act July 7. 1838.
Mar. 29. 1852

Pension Office, March 27, 1852.
Sir:
I herewith return the letter of Thomas Sampkin, Esq. relative to what he terms a "missing" paper in the case of Polly Perry , an applicant for a pension from New York under the act of July 7 1838, and have the honor to state, that there is no such case upon our files from that state. There is, however, the case of Polly Perry , widow of John, on which I made a report to you on the 4 th ult. and which, I presume, is the case referred to by Mr. Sampkin; but the letter marked "private", and signed F. S. Evans, among the papers, is not of the character stated by Mr. S. There is a letter from the Post Master at West Burlington Penn a dated August 9 1851, which states, that Mrs. Perry had resided at that town "but two or three years", and that she was regarded as the widow of a Revolutionary soldier; and which was not sent up with the papers accompanying my report, for the reason that it was not deemed relevant to the issue, as it was believed, that an acquaintance of two or three years with the widow, afforded no ground for determining the Revolutionary

Character of her husband. It is now, however transmitted, as also the letter marked "private" and signed T. S. Evans.
I have the honor to be,
Very respectfully,
Your obedient servant,
J. E. Heath Commissioner of Pensions.
Hon. A. H. H. Stuart, Secretary of the Interior.

Pension Office,
February 4, 1852.
Sir,
I have the honor to make the following report in the Case of Polly Berry, widow of Ephraim, in which Thomas Lumpkin, Esq. has appealed to you from the decision of this office. Mrs Berry made a declaration under the Act of 7 July 1838, on the 13 October 1845 (See paper marked No: 1) which was not, however, filed in this office, until the 16 January 1849. She alleged that, having been married ten years after the close of the Revolutionary War, she was not able to state the names of the Officers under whom her husband served; but claimed that he entered the Army from the Town of Rutland, Massachusetts, and served three years. This alleged service was not supported by the slightest reliable testimony, either parole or record; but an attempt was made to appropriate six months and 27 days service credited to a soldier named Ephraim Berry of the Town of Rutland, shown by a Certificate from the Secretary of Massachusetts, dated on the first of January 1845, nine months and thirteen days prior to the date of Claimant's Declaration

The fact that the declaration was made so long subsequent to the issuing of the Secretary's Certificate, was sufficient to create a distrust of the claim, even if the identity had been attempted to be established by parole proof; but no evidence of that character accompanied the declaration.
The Hon. Mr Blackman of the House of Representatives was on the 6 th of March 1849, informed of the objections of this office, and of the necessity of identifying the Ephraim Berry, the husband of the claimant, with the soldier named in that Certificate. To establish the identity, we merely required the testimony of old and respectable citizens of the Town of Rutland to prove that he was recognized as having been a Revolutionary Soldier.
Objection was also made to the alleged date of the marriage. The only evidence adduced to sustain it was an endorsement upon a leaf of what was stated to be claimant's family Bible. (see paper marked No. 2) intended to show that it occurred on the 25 December 1793; only eight days prior to the period prescribed by the Act of July 7. 1838. That endorsement if not made a short time prior to the making of the declaration, could not, from its appearance, have been made in 1793: And was therefore, not deemed satisfactory; It was also discredited, from the fact, that the same leaf had an endorsement

..upon the back of it, shewing that Ephraim Berry was married to Martha Cleveland in 1789, and that a child was born to them in January 1791: events which there was an evident attempt to conceal. The leaves having been pasted together. The Claimant was therefore required to produce more reliable evidence of the date of her marriage, such as, "the Certificate of the Town Clerk or the Register of the place in which the marriage rites were performed". Neither of the above requisitions, so reasonable and so just, have been complied with, and I am at a loss to conceive on what grounds the admission of the claim can be urged. Indeed, I have seldom examined an application for a pension so feebly supported, or in which the regulations have been so entirely disregarded.
In further proof that the claim is utterly untenable upon the present exhibits, it may not be out of place to add, that Arad Joy Esq. an experienced Agent, who, in 1845, drew up the declaration and obtained the Certificate of the Secretary of Massachusetts, tried, for a long period, to obtain what he deemed competent proof of identity and marriage; and not being able to do so, handed the papers over to the claimant. Yet those papers without a particle

of testimony added, are deemed by Mr. Sumpkin sufficient to establish the claim before this office, and has made our action upon them the ground of an appeal to you.
The papers numbered from 1 to 6, inclusive, are herewith enclosed.
I have the honor to be, Very Respectfully Your Ob t Serv t
H. Heaton Commissioner of Pensions
Hon A. H. H. Stuart. Secretary of the Interior.

61.
Feb. 23, 1852
Immediate reference to Col. Niles.
The Quinskin rel: to missing paper in case of Mrs. Perry. Niles
Referred to the Commission of Pensions who is request- ed to furnish the missing paper -
Interior
Feb. 20, 1852.

Washington D.C. Feb 20th '52
Sir, I have the honor to state that I have examined the papers reported back from the Pension Office, in the case of Mrs. Polly Perry, of New York, widow of Ephraim, and find a paper missing, it being a letter signed H. P. Evans for the Commr. with the caption " Private " address'd to some Functionary in the place where the old lady formerly resided, asking whether it was his opinion that the lady in question

Why regarded as the wife of a Revolutionary sol- dier - To which interrogatory the affirmative reply is given. In this case turning mainly upon the identity I must ask that that particular paper shall be produced.
I have the honor to be Sir, very Resp Th. D. Russell
Hon. A. H. K. H. Stuart Secy, etc.

52
Washington
Jany 26/52
Thomas Lumpkin
Rel: to certain appeals taken by him from the decision of the Comt of Pensions.
Rept to the Comt of Pensions for attention Dept into 2 Jany 27/52

Washington D.C. Jan'y. 26 th 52
Sir:
On the 3 rd April, 1851, I exam d the case of Polly Berry, of New York, b orn 1838, widow of Ephraim Berry, and submitted my views to the Commissioner of Pensions, and by legal course of time, I should have had a report upon the same months ago, and should have been thus honored but for an unnecessary delay occasioned by reason of which I will not now mention, suffice it to say that the case has been kept up long enough to cause its rejection, and I now respectfully request that the grounds of rejection may be reported to you upon this my appeal Hon. A. H. Stuart Sec'y to the D. & the P. I have the honor to be, &c Th. D. Rumpkin.

(Copy)
Pension Office November 19 in 1851
Sir:
In compliance with your request I have re-examined the testimony filed in the case of Polly Berry, widow Ephraim who has applied for the benefit of the Act of July 7 1838 and am constrained to adhere to the requisitions of my letter addressed to the Hon d E Blackman of the House of Representatives 6 March 1849
Very Respectfully Your Abt Servt
(Signed) John Wilson for Comm ee of Pensions
Tho s Lumpkin Esq Present.

Pension Office. November 19. 1851.
Sir,
In compliance with your request, I have re-examined the testimony filed in the case of Polly Berry, widow of Ephraim, who has applied for the benefit of the act of July 7, 1838, and am constrained to adhere to the requisitions of my letter addressed to the Hon. E. Blackman, of the House of Representatives, on 6 th day of March 1848.
Very Respectfully,
Genl. A. P.
Wilson
Jr Comr of Pensions.
Thomas Lupton, Esq., Present.

West Burlington Pa
Aug. 9 th 1851
to F. S. Evans Sir
I rec d . a letter from you asking information about Sally Berry whether she is regarded as the widow of a Revolutionary Soldier. She has not resided in this town but 2 or 3 years but I have made enquiry of elderly people that is acquainted with her and they say she is regarded as such
Yours &c
J. M. Kean Jr

(Private)
Penna Office, June 28, 1851.
Sir,
I will be obliged if you will inform me at your earliest convenience, whether Ephraim Berry, the husband of Polly Berry, who, it appears, was a resident of Danby, Tompkins Co. New York on the 13 th day of October 1845, was regarded in your community as a Revolutionary soldier.
Very Respectfully,
Your Obedt Servt H. S. Evans
In Genl of Pensions.
To the Postmaster, Millard, Worcester Co., Mass.
William Worcester Co Mass July 2 1851 Dear Sir I think from hearing the above, there is a mistake in the address. I know of no such person. I therefore return it to Polly-Laswell wife for her

April 9-1857
Rel: to case of Mrs Polly Berry
Th: Lumpkin
Present
No 5

Washington Apr. 8th '57
Sir,
Having filed my authority to examine the papers of Mrs. Polly Perry of New York City 1838, widow of Ephraim Perry, I find service proven as per Certificate of the Sec'y of State of Mass. for seven months and upward, rendered by S. Ephraim Perry.
The marriage is proven to have been taken place on the 25th Decem r  1793 . see leaf taken from a Family Testament or Bible, which exhibits antiquity and genuineness.
I trust this claim upon a re-examination may be allowed, as it is clearly and just one and made out according to your rule re Hon. J. E. Heath I have the honor re Comm. to Pensions. Th. D. Merrill.

(Copy)
Pension Office, March 6 th 1849.
Sir:
I have the honor to inform you that the application of Polly Berry widow of Ephraim Berry has been examined & her papers filed under the Act of 7 July 1838.
Neither the date of the marriage nor the identity of applicants husband with the Soldier from Rutland bearing his name have been satisfactorily established. The Certificate of the Tenn ee Clerk or Register of the Church in the place in which the marriage rites were performed or some other record or documentary proof will be required to show the date of the marriage of these parties. And before claimant can receive a pension as the widow of the Soldier whose services are certified by the Secretary of the Commonwealth of Massachusetts. It must be made clearly to appear by the testimony of witness of high standing known to this Department that her husband the reputed of having been a Revolutionary Soldier that he resided during the War in Rutland & that he

was the only one of his name in that Town capable of bearing Arms.
The paper purporting to be a family record cannot be admitted as evidence of the marriage in this case.
Very Respectfully Your Obl Servt
(signed) J. L. Edwards Comm r of Pensions
Rev. C.
Hon d E. Blackman House of Rep s

No 13767 (no 3) Polly Berry mo of Ephraim NY act 7 May 1838 Jan 16/47
798

Commonwealth of Massachusetts.
Secretary's Office, Boston;
January, 1, 1845.
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 Berry is borne upon a Muster Roll of Capt David Bent's company of militia in Rutland in the County of Worcester, commanded by Col Nathan Sparkhawk, as a private, from April 20, 1778, 6 days. Upon a Pay Roll of Capt John Boynton's company, in Col Nathan Sparkhawk's reg t as a private, from July 27 to August 20 1778. with allowance of 6 days to return home, 34 days. Upon a Pay Roll of the men raised in the town of Rutland for 6 months - as a private, from July 3 to December 14, 1778, inclusive, with 8 days allowed to return home, 5 months and 17 days. The above is all the evidence of service which can be identified with the individual for whom it is claimed in the annexed application.  6 34 5.17
E. S. W

Hon. J. G. Palfrey Secy. of State
And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
J. G. Palfrey, Secretary of the Commonwealth.

Application for Certificate of Revolutionary Service by the Widow.
State of New York County of Tompkins Town of Danby — The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his Office of the service of my late husband Ephraim Berry — He enlisted in the year — from the Town of Rutland in the county of Worcester & state of Mass. church in the company of Capt. — in — Regiment and served as private — until — We were married in the year 1793 He died in the year 1828 The only other facts which I recollect are as follows. viz. — Her husband as she understood served several tours of six months, & in all from two to three years —
I am now 73 years of age & my memory does not enable me to state any thing further material to the search- ing mind. I have empowered Abad Joy of Covid Seneca Co New York to act in the premises as my attorney Witness my hand this 8th day of October A.D. 184 Signed in my presence by Polly Berry Duly agent Abad Joy By Abad Joy his agent James Foster Austin
I certify that from vouchers exhibited before me Abad Joy appears to be the authorized agent for the above named person James Foster Austin

Fry. Bradford Co. Pa
Pension Dept. -
Will you kindly inform me if you have Rev. Woods  not as for Ephraim and John Berry who came from N. Y. state to Bradford Co. Pa. they were brothers. I think they came from Franklin Co. N. Y. but am not sure -
Thanking you for this and if a Joshua or Benjamin  not as of Conn. are in your Rev. records. Thanking you again Very truly
Mar 29/33
Mrs. D. F. Robison 119 Main St.

February 21, 1936
XXXXXXXXXXXXXXX
Mrs. Carrie Mattocks Califf Avondale Pennsylvania
Ephraim Berry, R. 798 Samuel Severance, W. 3118 BA-J/MNHF:MLB
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Martin Severance, born 1718, Samuel Severance, born June 12, 1761, married Azuba Smith, Ephraim Berry, R. 798, General Horatio Gates, Oliver Gates, born September 18, 1758, James Mattocks, of Litchfield, Connecticut, Dr. Peter Calef, father of Stephen Calef who was born March 15, 1734, also, record of that Stephen Calef and of Stephen Califf, born in 1767 in Massachusetts, later lived in Pennsylvania, Reuben Gillet, of Farmington, Connecticut, and of Harry Walter Califf, born November 5, 1891, enlisted in U. S. M. C., 5 th Regiment, A. E. F., and died April 18, 1917.
Because of the great demand for Revolutionary War data, and the limited trained clerical force available for furnishing such information, it is impossible to comply in full with each request which requires such an amount of time and research.
There are no claims for pension or bounty land on file based upon service in the Revolutionary War of a Reuben Gillet as described, or of any Martin Severance, James Mattocks, Peter Calef or Stephen Calef. The surnames were searched under all spellings.
The Revolutionary War record of Samuel Severance who married Azuba Smith, and of Ephraim Berry, R. 798, are furnished herewith.
Your letter has been referred to the proper division for reply in regard to the World War soldier.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator
searched by m20

April 15, 1933.
Mrs. D. F. Rolison 119 Main Street Troy Pennsylvania.
BA-J/ILL Ephraim Berry R. 798
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Ephraim and John Berry, brothers who came from New York to Bradford County, Pennsylvania, also Joshua and Benjamin Cogswell of Connecticut.
A search of the Revolutionary War records has been made in your behalf and no claim for pension or bounty land found based upon the service of John Berry as described by you, or of any Joshua Cogswell, various spellings of the surnames searched. The information given by you regarding Benjamin Cogswell is not sufficient to identify the record of the particular soldier in whom you may be interested. If it is possible for you to furnish some of the following data, a further search will be made, and the record furnished, if on file: approximate dates of birth and death, places of residence at enlistment and after service, and given name of widow.
The record of Ephraim Berry is given below. The data are from the papers on file in pension claim, R. 798, based upon his military service in the Revolutionary War.
Ephraim Berry resided in Rutland, Worcester County, Massachusetts, at the time of the Revolutionary War. The date and place of his birth, and names of his parents are not shown.
As shown by the family record, Ephraim Berry married June 20, 1789, Martha Cleveland; there is no further reference to her. He married December 25, 1793, Polly Cleveland.

Ephraim Berry died March 15, 1828.
Polly Berry, the soldier's widow, was a resident of Danby, Tompkins County, New York, in 1845, then seventy-three years of age; the date and place of her birth are not shown. She applied October 13, 1845 for pension on account of the service of her husband, Ephraim Berry, in the Revolutionary War. She stated then that, while a resident of Rutland, Massachusetts, Ephraim Berry enlisted and served as private in the Massachusetts troops on several tours of six months each, amounting in all to between two and three years, but that she did not know the names of his officers, and gave no dates of enlistments or service. She submitted a Massachusetts State report which showed that one, Ephraim Berry, served six days from April 20, 1775, as private in Captain David Bent's company, from July 27 to August 23, 1778 as private in Captain John Boynton's company, both tours under Colonel Nathan Sparhawk in the Massachusetts troops, and from July 5 to December 14, 1780, as private from the town of Rutland.
Her claim was not allowed as she failed to prove the identity of the soldier who rendered the service with her husband, Ephraim Berry.
A few years after making this application, Polly Berry moved from New York state to Bradford County, Pennsylvania. She resided in West Burlington in that county, and in 1852, in Springfield, said Bradford County.
On the family record, referred to in connection with the marriage of Ephraim, there is only one other notation, namely- Ephraim Berry, Jr. born Jan. 1791. There is no reference to children in the papers on file in this claim.
Very truly yours,
A. D. HILLER, Assistant to Administrator.