Revolutionary War Pension and Bounty Land Warrant Application File W. 6639, John Carney, Penn.

SERVICE
NUMBER
Penn
Carney, John
N 6639
Mary E.
CONTENTS
Blank lined section for entries.
Blank lined section for entries.

H 220 Mary S. Carney of John Ohio
Hon. J. Ridgway H.R.

The State of Ohio
Delaware County. ss. 3 On this tenth day of January in the year Eighteen hundred and thirty nine, personally appeared before Ezra Griswold one of the Associate Judges of the Court of Common Pleas for the said County of Delaware and State of Ohio, Mary E. Carney a resident of Berkshire in the said County of Delaware, aged seventy eight (78) 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 the 4 th day of July 1836.
That the said Mary E. Carney is the widow of John Carney deceased who was an officer of the Revolution. She was born near Easton, Northampton County, Pennsylvania. She thinks, from the best information she has having no record of her age whatever. She was born in March of 1760. her Father John Bittenbender removed from Easton when she was quite young perhaps one or two years old to Hamilton Township Northampton County Pa. She continued to live with her Father in said Hamilton Township up to the time of her Marriage to John Carney, which was in September of 1781. has no record of her Marriage her Marriage certificate being lost among a number of her husband's papers appertaining to his services, was Married by Rev. Stecher Esq. of said Hamilton Township the next Spring after her Marriage she removed to the Wyoming Valley with her husband remained there but a few months

on account of difficulties that existed at that time as to land titles between Pennsylvania & Connecticut. returned to her Father in Hamilton Township Northampton County Pa. resided there about one year removed with her husband to a place called Mount Bethel a few Miles from her former place of residence. Staid there about two years. then removed to the Susquehanna river about thirty Miles above the Wyoming Valley to a place then called Braintrim now Washington Township Luzerne County Pennsylvania. where she continued to live with her husband John Caney to the time of his Death which was July 24. 1826. continued to reside at the same place for about five years then removed to her present place of residence in Berkshire Delaware County Ohio — The particulars recollected of her husband's service is that he performed several tours of duty in the Militia after their Marriage as an officer first & second Lieutenant. recollects his going on a tour of duty to the Moshopack Valley Pennsylvania with Capt Jacob Myers was in an engage- ment with the Indians many of his com- pany being killed. they went on a tour of eighteen months — recollects his being at Strasburg Pa two or three months — guarding the frontier recollects another tour he was called to Wyoming. does not remember what length of time he was gone. She thinks his whole amount of services before and after their Marriage — would amount to at least four years,

part of the time an officer and a part a private soldier. —
She further declares that she was married to the said John Carney in September 1781 at aforesaid that her husband died as aforesaid in July 24 th 1826 and that she has remained a widow ever since that period as will more fully appear by reference to the proof herunto annexed
Her Mary E. X Carney Mark
Subscribed & sworn to before me this 10 th day of January 1839.
E. Griswold, Associate Judge of Delaware Com. Pleas.
I further certify that Mary E. Carney, whose name is subscribed to the foregoing Declaration, is unable to attend court, in consequence of the infirmities of age & a distant residence
E. Griswold, Associate Judge of Delaware Common Pleas.
State of Ohio Delaware County ss. I Thomas Reynolds Clerk of the Court of Common Pleas in & for said County hereby certify that Ezra Griswold Esq. before whom the foregoing declaration appears to have been taken, was at the date thereof an associate judge of said Court, duly commissioned & qualified &c., and that his signatures above written I believe to be genuine
In testimony whereof, I have hereunto set my hand & affixed the seal of said Court, at Delaware this 12 th day of Jan y . A.D. 1839
Thos. Reynolds Clerk by W. D. Heine Dept.

S. 931 Ohio - Co. Mary E. Carr widow of John Carr Tenn. who served in the Revolutionary war, as a Lieutenant
Inscribed on the Roll at the rate of 80 Dollars Cents per annum, to commence on the 4th day of March, 1818.
Certificate of Pension the 10th day of and sent to
J. J. Coombs Pres.
Recorded on Roll of Pensioners under act February 2, 1818, Page 33 Vol. 17
set. Legac. M. Coffin June 8/28. Hon. B. S. and wife 21/5/28

State of Ohio Delaware County ss
Before me Henry Woodgain a justice of the peace in & for said County personally appeared Joseph Garney
who being duly sworn according to law deposeth and saith that according to the best of his recollection information he has had that he was born, in the year A(1770) seventeen hundred and seventy and that he is a son of John Garney of Pennsylvania that his father lived at his earliest re- -collection in Penn township in the then county of Northampton that he is a son of his father by his first wife; that his mother died about the year seventeen hundred and seventy seven; That about four years after the decease of deponent's mother that his father married a second time to Miss Mary E Bittenbender daughter of John Bitten- bender of Hamilton township in said North- ampton county that deponent was in the neighborhood at the time of his father's marriage to Miss Bittenbender; that the deponent was distant about three fourths of mile that he deponent then and always since under stood that they (deponent's father & Miss Bit- tenbender) were married by Luther a jus- tice of the peace; that they always lived to- gether as husband & wife until the decease of deponent's father which occurred in the month of July eighteen hundred and twenty- six in the township of Braintree in Luzern County Pennsylvania he died as was supposed of a consumption; deponent knows of no record of his father's marriage

That Mary E Carney has remained a widow of John Carney since his decease that she removed to Delaware County Ohio in the year eighteen hundred and thirty two and that is at this time a resident of said County
That according to the statements of deponent's father at the time that he served in several campaigns in the war of the Revolution, The first time a winter campaign in the now State of New Jersey in the winter of seventy six & seven he served in the militia and as deponent understood as orderly sergeant that he was with others employed to cut off and prevent the British foraging parties had a number of skirmishes with them this was a three months tour that he returned home in the spring of the year and was unwell at the time
The next tour that deponent recollects that his father John Carney served his country was in the militia — was stationed for a time at Wilmington Delaware — present and took a part in the battles of Germantown & Brandywine that he was in the service at this time three months or more, deponent believes that his father John Carney served his country in no lower capacity than sergeant
The next tour of duty that deponent recollects that his father left home in the service of his country was on the Delaware river on the then Indian frontier he served as Ensign under Col Hearn deponent believes that his father was absent from home on this tour at least three months
The next tour that deponent's father John Carney served his country was under a Lieutenants Commission at a Moravian town called Gnadenhütten believes he had the command of the

company and that he served at least three months at this time the year not recollected That deponent's father was frequently called upon as Indian alarms were a common occur- rence in those times — At one time he went with Lieutenant John Myers to the Sus- quehanna valley on the Susquehanna river there were thirty two or three when they started and only thirteen returned, the rest were either killed or taken that on his father's return he had a ball hole through his hunting shirt he acted as a volunteer at this time — yet he held a commission
From the year seventeen hundred & seventy six to the time of the surrender of Lord Cornwallis in seventeen hundred and eighty one deponent verily believes that his father John Caney was in the service of his country as sergeant & as a commissioned officer at least half of his time and after the capture of Lord Cornwallis he was out at least as much as six or eight times on Indian alarms which continued until the treaty of peace was concluded deponent recollects his father was in the service of his country after his second marriage Joseph Caney
Sworn to and subscribed before me this 12 th day of January A D 1839 Henry Woodgain
Justice of the peace
I certify that I have known Joseph Caney the deponent ever since he moved to the state of Ohio in 1832 That he is a man of sober & religious morals his statements to be depended on in all cases and his oath no man that is acquainted with him would for a moment question
Henry Woodgain J.P.

State of Ohio Delaware County, ss - I Thomas Reynolds Clerk of the court of Common Pleas of the County & State aforesaid, do hereby certify, that Henry Hodgen Esq r , is a Justice of the Peace in & for said County duly commissioned & qualified; that his commission was dated on the 24 th day of Feb y A D 1837 & will expire on the 24 th day of Feb y A D 1840 & that his signature before written, I believe to be genuine.
Given under my hand & the seal of said County, this 12 th day of Jan y , A D 1839.
Tho s Reynolds Clerk by W m S. Hecim Dept y

State of Pennsylvania
Wyoming County } fs.
Be it known that before me Henry Love a justice of the Peace duly commissioned and authorized by law to administer oaths in and for the county of Wyoming aforesaid. perso- nally appeared William Barney a highly respectable citizen of the township of Schoharie in said county aged eighty three years and upwards. who being first duly sworn according to law. doth upon his solemn oaths declare and say that to the best of his knowledge and belief from the account thereof given him by his parents he is the second son of John Barney deceased by his first marriage who and that he left his father at about four years of age. and went to live with his grand father a bout one mile distant from his father who then resided in the township of Hamilton in the county of Northampton and State of Pennsylvania and he further saith that he recollects of hearing his father tell of the services that he done and performed in the revolutionary war. that is he recollects of hearing him narrate the circumstances during intervals of the period in which the service was rendered to wit that he was in the battle at Germantown and Brandy- wine. that he served under colonels Heavner and Barnes in different capacities to wit as orderly sergeant ensign second and first lieutenant and that at the time he held a commission in the militia he volunteered as a guide in a corps of regular lines men under Captain Myers to go in an expedition against the Indians to the Schuylkill Valley Pennsylvania that being at the time a frontier settlement. and that they there had a skirmish with the Indians in which the Americans were defeated. that Capt Myers was there taken prisoner by the Indians. and his father was shot through his hunting shirt. that he saw the hole that was shot by his father through his first hunting shirt when he return- ed home. that he recollects distinctly seeing his father come. that his feet was lame and he was lame and of hearing him relate the adventures of the expedition and that he also recollects of seeing Captain Myers on his return home after his captivity. that he stopped at his grandfathers where this defendant then lived that he there heard him him tell the story of their expe- dition of his being taken prisoner and of his father being in company with them. that he recollects perfectly

well of seeing his father  that from home to go to the service that is the place where his father said he was going and of seeing him return home again and that he believes from the best of his recollection that his father served in all some four or five years and that his knowledge of all the facts spoken of was obtained at and about the time that they transpired. and he further saith that after the decease of his mother his father married for his second wife Mary E. daughter of John Bittenbender of the County of Northampton aforesaid that he recollects of seeing his father in company with the said Mary E. and his grandfather start and go from home that they returned again and said they had been to Lewis (Hecker Esq) a justice of the peace in and for Northampton County aforesaid, and that they said his father and the said Mary E. Bittenbender were married and thinks to the best of his recollection said marriage took place near the close of the revolutionary war perhaps in 1780 or 1781. that henceforth they lived together as man and wife up to the death of his father the said John Barry, which he thinks was on the 26 th of July A D 1826. that they raised a large family of children together that his father at the time of his death resided in the township of Braintree (now Washington) in the County of Luzerne (now Wyoming) and that his step mother the said Mary E. continued to reside there for about five years after the decease of his father that she then emigrated with her youngest son to Delaware County in the State of Ohio where he supposes she now resides a widow he further saith that he has distinct recollection of his father rendering service to the government after his marriage to the said Mary E. Bittenbender and further saith not.
Sworn to and subscribed William Barry this 31 st day of October A D 1851. } Before me
Henry Love Justice of Peace

Rev. and 1812 Wars Section.
Oct 7 October 19, 1923.
Mrs. E. K. Coover, 126 E. Burke St., Martinsburg, W. Va.
Madam;
I have to advise you that from the papers in the Revolutionary War pension claim, W. 6639, it appears that John Garney, while residing in Northampton County, Pennsylvania, enlisted in 1776 and served as an orderly sergeant and Ensign for three months. He was commissioned May 21, 1777, 2d Lieutenant in a company of Foot, 3d Battalion, Northampton County Militia, and was commissioned a 1st Lieutenant May 10, 1780 in a company of Foot, 6th Battalion, served in all four years. He was in the battles of Brandywine, Germantown and at Neshannock Valley with the Indians.
He died in Braintrim, Luzerne County, Pennsylvania, July 24, 1826.

Soldier's first wife died about 1777, her name is not on record. He married in Hamilton Township, Northampton County, Pennsylvania, September 1781, Mary Eve, she was born near Easton, Pennsylvania, March 1760 and was the daughter of John Bittenbender. She was allowed pension on her application executed January 10, 1839, while a resident of Berkshire, Delaware County, Ohio, and living with one of her sons, name not stated.
William, born 1768, son by first wife and Joseph born 1770, also son by first wife.
There were several children by second wife, only name stated Elijah, who was fifty three years old in 1849 and a physician in Delaware County, Ohio also a member of the State Legislature.
Respectfully,
Commissioner.

Rev WIDOW, &c.
File No. 6639
Mary E. Carney Wid.
John Carney Lieut. Rev. War
Act: Feby. 28/78
Index:—Vol. 8 , Page 114
[Arrangement of 1870.]
1923-Oct. 19 H. H. to Mrs. E. M. Carney Aug.

Report to Sec. of Int. May 18. 185-7.

Northampton County      In one hundred and 29 I to hereby certify that John Caracy hath voluntarily taken and subscribed the affirmation of allegiance and fidelity as Directed by an Act of general Assembly of Pennsylvania passed the 13th Day of June A D 1777 receiving my hand and seal the 16 Day of August 1777 peter meyer one of the Justices

N 4447 Mary E Barney
Q Letter Hon. Elijah Barney 14 th Dec 1849 J. J. Coombs, May 12/52
ad 7 July 38

4447 Ohio
Lot 6 to Hon J Ridgway 24 Jan 1839 - do. 2 March 39 - " Hon J. Tassaferr - January 19. 1841. " to Hon J Ridgway Feb 9. 1842 Col. B. Blanchard True Jan'y 28th 48
Lot 6 to S. O. True Jan'y 28th '48 " to Daniel Duncan Feb 10 '48

Give a discharge to Robert Young the Indian from the Washington County Civil and Military offices Let pass in record the said log an Exchange for William July 1877
Henry George, Colonel

9.229 Ohio - An
Mary E. Carney widow of John who was a Lieut. in the Revolution
Inscribed on the Roll at the rate of 8 Dollars Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued, the 10 day of June 32 and sent to
J. J. Coombs Post.
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book Vol. 2 - Page 202

11.338
Ohio in Am. Mary E. Parney
widow of John who died on the of in the State of who was a Serjt, in the commanded by Captain. of the commanded by in the June for Revolution
Inscribed on the Roll of Cincinnati at the rate of 80 Dollars Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 10 th day of June 1852 and sent to -
Arrears to the 4th of J. J. Coombs Semi-annual allowance ending Prest.
{ Revolutionary Claim, } Act July 7, 1838. }
Recorded by R. M. Rae Clerk. Book Vol. Page 385

Mary E. Cannery, widow of John — Ohio.
Adopted Endorse
J. V. Bowles

State of Ohio Delaware County SS. on the eighteenth day of February A.D. one thousand eight hundred and thirty nine, personally appeared before me one of the associate Judges, for said county, Mary E. Carney resident of Berkshire, County and State afore- said, aged seventy nine years, who being first duly sworn, made the following declaration in order to obtain the benefit of the provision made by act of Congress, passed July 17 th , 1838. That the said Mary E. Carney is the widow of John Carney deceased, who was a revolution- ary officer. She was born at or near Easton, Pennsylvania Northampton county (she thinks from the information she has had, having no record) of her age) in March of 1760. lived in said Hamilton township, with her father John Bittenbender, up to the time of her marriage to John Carney, which was, as near as she can recollect, in Sep- =tember of 1787. was married by Lewis Stetcher Esqr. shortly after her marriage, she removed, with her hus- band, to the Wyoming valley in Pennsylvania, resided there but a few months and returned to Northampton, Pennsylvania, lived there until the conclusion of peace. She then removed to Braintrum Township Luzerne County Pennsylvania, where she lived with her husband, John Carney to the time of his death, which was in July 4 th 1826. She continued there four or five years, after which, she removed with, with her son, to Berk- =shire Delaware County Ohio.
Cannot tell many of the particulars with regard to her husband's service: recollects his performing sev- eral tours in the militia after their marriage, - served as an officer, as will fully appear by the herunto annex- -ed served considerable time in the army prior to their

marriage: recollects an engagement with the Indians, at Neshannock Valley (Pennsylvania), - served under a Captain Myres, had a shot through his hunting shirt, - remember of his being to and from the army a number of times, before and after their marriage, cannot specify the exact amount of time her husband was in the army, but can confidently say she thinks him to have been engaged both before and after their marriage to the amount of four years: recollects after their marriage, of his being at Stroudsburg, Pa. for two months or more, - at another time his being called to Wyoming (Pennsylvania), a tour of some time - does not recollect how long - she further declares that she was married to John Carney in 1781. as aforesaid; that her husband died, as aforesaid, in July 1836 1836. and that she has remained a widow ever since that period, and the commissions her husband served were that of second and first Lieutenants
The State of Ohio Delaware County ss.
Before me Henry Hodgden one of the justice of the peace in and for the county aforesaid, personally appeared Elijah Carney who being sworn in due form of law, deposeth and saith that in the forepart of the year 1839 he was present when Mary E. Carney, his mother, referred to in the foregoing declaration made before the

Hon Judge Lridgenbill an associate judge of the court of Common Pleas for Delaware County, that he then notes, or in other words made a memorandum of her declaration, and the foregoing contains a fair and accurate statement of the substance of said Declaration and which Declaration was by affiant forwarded to the Commissioners of pensions Washington city. and, as he is informed, is lost: and that affiant does verily believe through bodily infirmities and loss of memory, that Mary E. Barney is not capable of making another Declaration.
Elijah Barney
Sworn and subscribed to before me this first day of May A 1848. Henry Rodgden
The State of Ohio Delaware county ss .
Before me H. Rodgden one of the justices of the peace in and for the county aforesaid, personally appeared Elijah Barney of lawful age and sound mind, who being sworn in due form of law deposeth and saith, that in the year 1838. and for sometime afterwards, he was engaged as an agent for his mother Mary E. Barney. in procuring affidavits to enable her to substantiate her claim to a pension on account of her late husband John Barney's services in the war of the Revolution; that he procured one from Jacob Miller of Pennsylvania, who testified that he became acquainted with John Barney, above referred to, at the battle of Brandywine, that he belonged to

another regiment, but saw said John Carney in said engagement, and from that time on to the death of said Carney was well acquainted with him, that said Miller testified that he afterwards saw said John Carney several times during the war of the Revolution, and at different places that he was engaged in the service and should, from his knowledge of him, believe that he was engaged four or five years in his country's service, and that said affiant, Elijah Carney, has since been informed, and does believe that said Jacob Miller has since the taking of the affidavit, above referred to, died.
That the affiant procured the affidavits of Henry Lott and others which were of a circumstantial nature; thus said Lott's father was a captain, (Zephania Lott) and said Henry had oftentimes heard his father, and the said John Carney talk over their sufferings, privations, hardships, and in short to fight their Revolutionary battles over, and that said Carney was always reputed to be a revolutionary soldier; said Henry Lott was about seventy years of age, he has since deceased.
Also Leonard Lott's affidavit was procured and, in substance, corroborated his brother Henry's, he also is deceased.
Affiant distinctly recollects of forwarding to the pension office, Washington City, through the hands of the Hon Joseph Ridgway late M.C. two commissions, as before referred to, one as second and the other as first lieutenant in the

Pennsylvania militia and a furlow with the affidavits. above refered to, and also Joseph Carney's affidavit a copy of which accompany this, with H. Hodgden J. D. certificate.
Affiant believes the second Lieutenant Commission bears date in the year 1777. and the first Lieutenant that of sometime in the year 1780.
That affiant has, through agents, applied to the pension office for those papers and that the uniform report has been that said papers, with the declaration of Mary E. Carney the widow of said John Carney, cannot be found, that affiant has not directly nor indirectly removed those papers from said office, nor has he any knowledge of what has become of said papers or any portion of them.
Elijah Carney
Sworn and subscribed to before me this 1 st day of May 1848
Henry Hodgden J. D.
The State of Ohio Delaware County ss.
Before me Henry Hodgden an acting justice of the peace in and for the county aforesaid personally appeared Elijah Carney, who being duly sworn according to law deposed and saith that he is fifty two years

of age that he is the youngest son of John Carney, that is now living, late of Penns- ylvania: His father resided, at his earliest recollections, in Luzerne county, Pa, and continued to reside at the same place up to the time of his decease, which was in July 1826. affiant has a distinct recollection of examining his fathers papers relating to his services in the Revolutionary War, believes he held three commissi- ons viz: one as Ensign, one as second Lieu- tenant, and one as first Lieutenant the two last, of which he has a distinct recollection of, were forwarded to the pension office. He saw these with muster rolls, discharges, and a variety of other pa- pers relating to his service in the Revolution- ary war: has often heard his father relate that he served in said war as an order- ly sergeant, Ensign, second and first Lieutenant, and heard him say that he served as a private soldier by volun- teering and going into the ranks under Capt Myres on a tour reconnoitering the frontiers while he held a Commission as Lieutenant: has heard his father relate of being engaged in the battles of Germantown Brandywine, and an engagement with the Indians at Neshannock valley, has heard his father relate his different tours which in all made four or five years.

Deponent recollects of seeing the marriage certificate of his father John Carney to his mother Mary E. Bittenbender; this was among his father's papers after his father's death, does not recollect the date, or the name of the person who signed it, recollects the record of the oldest child of his mother which was born in 1782. The marriage certificate he believes was, among many of his father's old papers left in Pennsylvania, and he believes are lost.
That, the surname of his father has been variously written; thus the only brother that deponent knew his father to have, wrote his name "Gearney" and one of his father's commissions was written "Gearney" that the name has been written by different individuals in almost every way that the pronunciation would be "Carney" causing some confusion.
Elijah Carney
Sworn and subscribed to before me this 1 st day of May 1848
Henry Woodruff

State of Pennsylvania Wyoming County ss
I P.M. Assistant Prothonotary of the Court of Common Pleas for the said County do hereby certify that Henry Love Esq. before whom the foregoing affidavit was taken was at the time thereof a regular acting Justice of the Peace in and for said County duly commissioned and sworn and that the signature purporting to be his thereunto attached is genuine In witness whereof I have hereunto set my hand and the seal of said Court this 3 rd day of Nov A.D. 1851.
P.M. Assistant Prothonotary

State of Ohio Delaware County ss
Before me Henry Hoag den one of the justices of the peace in and for the county aforesaid Joseph Garney who was duly sworn according to law upon oath and saith that according to the best infor- mation he has that he was born in the D 1770 and that he was a son of John Garney of Pennsylvania, that his father lived at his earliest recollection lived in Penn township Northampton county at that time, that he is a son of his father's by his first wife that his mother died about the year D 1777 that his afterwards, that about four years after the dece- ase of deponents mother that his father mar- ried a second time to Mary C. Bittenbender daughter of John Bittenbender of Hamilton township in said Northampton county that he was in the neighborhood at the time of depo- nents father's marriage to Miss Bittenbender about three fourths a mile from the place that he then and always since understood that he was married by Stecher a justice of the peace that they always lived together as husband wife untill the decease of deponents fa- ther which occurred, in the month of July D 1826 in the township of Braintree Luzern county Pennsylvania, he died as was supposed with the consumption, he deponents knows of no records of his father marriage

That according to the statements of his (deponent's) father at the time, that he served in the war of the revolution; the first time a winter campaign in the State of New Jersey in the winter year 1776 & 7 he served in the Militia and as deponent understood as orderly sergeant that he returned home in the Spring of the year he was unwed at the time that he was employed to cut off and prevent the British foraging parties had several skirmishes with them that this was three or more months tour that the next tour that deponent recollects that his father John Carney served his country was in the Militia he was stationed for a time at Wilmington in the State of Delaware was present and took a part in the battles of Germantown & Brandywine that he was absent from home three months or more deponent believes that his father John Carney served his country in no lower capacity than sergeant. The next time that deponent recollects that his father John Carney left home in the service of his country was on the Indian frontier on the Delaware river he served as Ensign under Col. Weaver deponent believes he was absent on this tour at least three months The next tour he served as Lieutenant at a Moravian town, Gnadenhütten believes he had the command of the company and that he served at least three months at this time the year not recollects, that he was frequently called upon as Indian alarms was a common occurrence at one time he went with Lieutenant John Myer to the Wesoppee valley on the Susquehanna river there were thirty two or thirty

when they started and sixteen returned the balance were killed or missing he volunteered at this time, but held a commission at the same that on his return he had a ball hole through his hunting shirt
From the year 1776 to 1781 to the time of the surrender of Lord Cornwallis I am very certain that his father John Carny was in the service of his country as a sergeant and as a commissioned officer at least half of his time and after the capture of Cornwallis he was out a number of times say six or eight times on in alarm alarms which continued till the treaty of peace was concluded that Mary E Carny has remained a moved widow of John Carny since his decease that she removed from Luzerne Co Pennsylvania to Delaware County Ohio in the year 1832 that she still resides in P County that my father was in the service after his second marriage
The State of Ohio Delaware County 3/35
I Henry Maag an acting justice of the peace in and for the county aforesaid do hereby certify that the foregoing draft of an affidavit was at the request of Joseph Carny the affiant written down by me as he stated the facts and afterwards read to him by me, which he approved of and assented to and then was at my instance laid aside by me and copied for the purpose of correcting the erasures, interlineations and language, and when thus corrected was in due form of law sworn to and subscribed before me as an acting justice of the peace this occurred on or about the month of December 1838 I am confident that there was no alteration

of any material facts therein stated and which I was then and have always since been satisfied was forwarded to the Pension office that said Joseph Cooney has since deceased that while living my personal acquaintance with him as a near neighbor, for six or more years
enable me to state he was a man of strict mor- al habits, and his reputation for truth and veracity I never heard questioned, all of which statements I am willing to verify un- der oath
Delaware County April 22 d 1868
Henry Waddy Davis Justice of the peace
Received of the within copy of the within copy of the within
Henry Waddy Davis Justice of the peace

The State of Ohio Delaware County ss.
On this, the Eighteenth day of February A. 1839 - personally appeared before me John Sugerbac one of the Associate Judges in and for said County Mary E. Garney resident of Berkshire Township Delaware County V. State Of Ohio - aged Seventy - Eight years & upwards, who after being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by Act of Congress passed July 7. 1838 entitled an Act, granting half pay and Pensions to certain Widows. - That the said Mary E. Garney is the Widow of John Garney who was an Officer of the Militia of Pennsylvania and served his country as such in the war of the revolution. he served in the several capacities of Ensign Second & first Lieutenant as will more fully appear by the commissions and affidavits that have been forwarded to the pension office - he served several years, in the Militia both before and after their marriage recollects his serving she thinks, as a volunteer as a private Soldier under Captain Myers she thinks they were a company of the regular line of eighteen months men he at the same time held a commission but volunteered as a private Soldier. recollects well his being out at a Place then called Strancus on the Delaware river now called Stroudsburg. was there as a Lieutenant after their marriage was stationed there as a frontier guard she thinks from two to four Months at another time called to Wyoming & several other Pairs of duty in various places viz in New Jersey at the Battles of Brandywine Germantown. Battle at Red Bank - Valley with the Indians under Capt. Myers. The whole amount of services she thinks would be all of four years. She further states that she was born near Easton Northampton County Pennsylvania when quite young her father John Bettenbender removed with her to Hamilton Township of said Northampton County & resided there up to the time of her marriage to John Garney. She was born from the best account she can get in March of 1760. Married in September of 1781 by Lewis Stecher Esq. does not know at this time of any

record in existence of her birth or Marriage her Marriage certificate being lost among many of her husbands papers appertaining to his service in her removal from Penn to Ohio. She removed shortly after her Marriage with her husband to the Wyoming Valley in Pennsylvania resided there but a few months & returned to Northampton County Pa. on account of difficulties that existed at that time by reason of claims of Connecticut interfering with Pennsylvania claims, lived in said Northampton County until the conclusion of peace. Then removed with her husband John Garney to Luzerne County — Pennsylvania. on the Susquehanna river where she continued to live with her husband up to the time of his Death which was 24 th July 1826. continued to live at that place for about five years after when she removed with her son to Berkshire Delaware County Ohio where she now resides — She further declares, that she was Married to the said John Garney in the Month of September in the year One Thousand Seven Hundred & eighty five. That her husband the aforesaid John Garney died on the Twenty fourth day of July Eighteen Hundred & Twenty Six that she was Married to him prior to his leaving the service & the Marriage was previous to the first of January Seventeen hundred & Ninety five (1795) at the time above stated. and that she has remained a widow up to the present period — Sworn to & subscribed on the day and year above written
Before John Lugenbue apostate judge for Delaware County State of Ohio
}
John Mary E. Garney mark

The State of Ohio } Delaware County, } }
I Henry Woydan a justice of the peace in and for the County of orisaid, do hereby certify that I was well acquainted with the two Lotts referred to, that they sustained a strict moral character, and their word would be believed by all that was acquainted with them. That I became acquainted with Elyah Caring above referred to, in the year 1832 and have resided near him ever since that he has during that time sustained a good moral character and I believe no one has ever questioned his character for truth and veracity, and enjoys the confidence of community in an extensive practice, as a practitioner of Medicine, has represented as of this County in the State Legislature and that I believe full credit ought to be given to his statements above made, that among the emigrants from Lurern Pa in this place and vicinity (of whom there are a considerable number) they uniformly represent that the public opinion among their elderly people was that said John Caring served his country in the Revolutionary War.
This statement is made voluntarily, I having no interest, am no relative
Henry Woydan J.P.

THE STATE OF OHIO, DELAWARE COUNTY, Ss.
I, GEORGE W. STARK, Clerk of the Court of Common Pleas for said County, do hereby certify, that Henry Hodgden Esq r before whom the foregoing affidavit appears to have been made and taken was at the time of subscribing the same, and now is, an acting Justice of the Peace, in and for said County, duly commissioned and qualified, and that full faith and credit are due to all his official acts as such. And that his signature aforesaid are genuine
IN TESTIMONY WHEREOF, I the Clerk aforesaid, have hereunto set my hand, and affixed the seal of the said Court at Delaware, in the said County, this 2 o
day of May A. D. 184 8 .
George W. Stark Clerk.

State of Ohio } Delaware County } ss
On the 18 th day of Feb y 1839 personally appeared before me one of the of Solicitors Judges for said County Mary E Kearny resident of Berkshire, Delaware County and State of Ohio 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 benefits of the provisions made by act of Congress passed July 7 th 1838 intitled an act granting half pay & pensions to certain widows
That the said Mary E Kearny is the widow of John Kearny deceased who was a revo- lutionary officer - she was born near Easton Northampton County Pa. She thinks from the information she has had having no record whatever of her age in March 1860 lived in said Northampton Township with her father John Bettinbender up to the time of her marriage to John Kearny which was as near as she can recollect in September of 1851 married by Lewis Stecher esq.
Shortly after her marriage she removed with her husband to the Valley - of the Allegheny in Pennsylvania, resided there but a few months returned to North- ampton County on account of the "Penn- sylvania and Yankee war" and staid with her father about one year, Afterwards removed to a place called Braintree Township now Washington Twp Luzerne County Pennsylvania where she continued to live with her husband John Kearny to the time of

his death which occurred on the 24 th day of July 1826, she still continued to reside at the same place until about five years after the death of her husband. She then removed with her son to her present place of residence in Berkshire Delaware County Ohio.
Cannot tell many of the particulars in regard to her husband's service recollects his performing several tours in the Militia after their marriage served as an officer. She believes he served a considerable time in the Army of the United States prior to their marriage recollects his being in their engagement under Capt Jacob Myers with the Indians at Des Moines Valley Penn having a ball hole through his hunting shirt remembers a number of times his leaving being to and from the Army both before and after their marriage cannot specify the length of time her husband was in the Army but can confidently say, he was engaged in the Army of the revolution a long time before and after their marriage she thinks to the amount of five years in all and considerable parts of that time an Officer to wit as a first & second Lieutenants and an Ensign.
She further declares that she was married to the said John Kearney in Sept 1781 as aforesaid that her husband died as aforesaid on 24 th day of July 1826 and that she has remained a widow ever since that period.

The State of Ohio Delaware County ss
Before me Henry Wadsworth a justice of the peace in and for the County aforesaid personally came Mary E Kearny above named, and after reading to her the fore- going copy of a former Declaration made by her before the Hon John Lugenbill an associate judge of the Courts of Common Pleas for the County aforesaid she solemnly affirms that the same is substantially correct and true but from her age and memory being impaired she does does not recollect all the minor par- ticulars as well as she could when she made the declaration of which the foregoing is a copy, she resides in Berlin township Delaware County aforesaid, and remains a widow of said John Kearny deceased
Mary E her Kearny
Subscribed and caused her mark name to be subscribed to before me this 8 th day of Oct 1851
Henry Wadsworth J.P.
I certify that I have been acquainted with the above named Mary E Kearny for the last 18 or 19 years that I was an acting justice of the peace at the time of her making her declaration in 1839 and took affidavits of witnesses to substantiate her claim to a pen- sion that the affidavits were made by men of age and standing for truth and veracity and made a strong case and to every dis- interested person convincing proof that said John Kearny was in the service of the United States in the War of the Revolution and served

a considerable time and different tours those aged persons unhesitatingly declared said John Cooney was a Revolution soldier and that the testimony respecting their marriage was such that not a doubt could be entertained but what they were lawfully married as she affirms this certificate made unresisted and further I am in any manner related to said applicants nor employed to obtain her a pension therefore I am disinterested Nancy Nodgen L D As the deponents above alluded to have since making their affidavits deceased. W W
The State of Ohio Delaware County ss I George W Stark Clerk of the Court of Common Pleas within and for said County hereby certify that Henry Nodgen Esq before whom the foregoing affidavits were made was at the date thereof and now is an acting Justice of the Peace within and for said County duly commissioned and qualified and that his signature above written is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Delaware this 18 th day of October A D 1851
G W Stark Clerk

Hall of Representatives Columbus, O Dec. 6. 1849,
Wm J. L. Edwards
Dear Sir —
Enclosed you have the Pension papers of my Mother Mary E. Barney an applicant for a pension on account of the services of John Barney her deceased husband in the war of the revolution — I trust you may find them correct and satisfactory if there should be any objection to them please write and inform me your early attention to this matter is much desired
Respectfully yours
W. J. S. S.
Edgar Barney

Mary E. Barney wid of John Ohio
Act 7 July 1838 No. Dorothy Lect.
6 Mo. Licent. $80.00 per an.
cut to J H Coombs Present

(The Deposition of Jacob Miller of Mindham township, Lehigh county and State of Pennsylvania, aged ninety three years and upwards, who after being duly sworn, doth depose and say, that he had seen and knew John Barney before the commencement of the Revolutionary War, and that he then lived in what is now Northampton county, in the state of Penn a and that he became intimately acquainted with him immediately after the battle of Brandywine, that the said John Barney was in the Army of the Revolution at the time of the aforesaid battle. That he served two several terms of about three months each, in the Pennsylvania line and has no recollection of his doing any further service, that he served as a private soldier & thinks, as a substitute for another person, cannot tell the name of any of the officers under whom he served, either in the company or Regiment. That the said John Barney was married to Mary E. Bottenbender who was a sister of deponent's wife, and married some time between the battle of Brandywine & the close of the war, but cannot recollect precisely the year, but knows it was before the end of the war, that soon after the war the said John Barney & deponent removed to Lehigh county Penn a & lived neighbors until the death of Mr. Barney, since which time his widow Mary E. Barney has removed to Delaware county, in the state of Ohio, & further saith not Jacob his Miller mark Sworn & subscribed before me Sept. 15 th 1838 Jasper Lofett J. Pease

The Deposition of William Curney of Windham township Luzerne County and State of Pennsylvania aged sixty nine years and upwards, who after being duly sworn doth depose and say, that he is the second son of John Curney late of Berne township Luzerne County, deceased, by a former wife, that his father John Curney at the commencement of the Revolutionary War, lived in Hamilton township in Northampton County Pennsylvania, that he served in the War of the Revolution almost constant- ly, from the commencement to the close, a part of the time in the Militia, under a draft, and the remaining part in the regular Army, that he served as a private in the regular Army as a substitute for another man - that in the Militia he served a part of the time as a sergeant - that he recollects that he served at one time under Capt. John Myers - that he was at the Battle of Brandywine & in several engagements with the Indians - that he belonged to the Pennsylvanians line, that deponent another John Curney's first wife, died about three years after the commencement of the War, and that before the close of the war he married his second wife Mary E. Bittenbender, but cannot recollect the year, but recollects he was in the service after he married Miss Bittenbender, that shortly before the close of the war he removed to Luzerne County, where he continued to reside with his second wife until his death, since which his widow Mary E. Curney has removed with one of her sons to Delaware County in the State of Ohio. further saith not
Sworn and Subscribed before me Sept. 18. 1838
Jasper Loflett J. Pease
William Curney

State of Pennsylvania Luzerne County ss
I do hereby certify that I have been well acquainted with Jacob Miller and William Barney for the last thirty years, and that they are gentlemen of respectability, and integrity, and that their statements are to be depended at all times whether with or without the sanctions of an oath. I know of no instance in which their words have ever been doubted. In testimony whereof I have hereunto set my hand & seal at Windham township the 18 th day of Sept. A.D. 1838
Jasper Hapsett J. Pease
State of Pennsylvania
Luzerne County ss
I John Smith Notary Public of the County of Luzerne do hereby certify that Jasper Hapsett Esquire, before whom the foregoing proceedings were had was at the time of taking such depositions and still is a Justice of the Peace and that full faith & credit are due to his acts as such In testimony whereof I have hereunto signed my name and affixed the seal of said County at Wilkes-Barre this 26 th day of Sept. A.D. 1838
John Smith Notary Public

5 V
4447
Mary E. Barnes Ohio
H. J. Ridgway H.R.

State of Ohio Delaware County, ss. I Thomas Reynolds Clerk of the Court of Common Pleas in & for said County, hereby certify, that John Lugenbeel Esq r before whom the foregoing declaration appears to have been made, was at the date thereof, an Associate Judge of said Court, duly commissioned & qualified &c., and that his signature before written I believe to be genuine.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court, at Delaware, this 19 th day of Feb y , A.D. 1839.
Tho s Reynolds Clerk by W m Deakin Dept y .

N o 4447 Mary E. Cooney widow of John Ohio ad 7 May 1838
III

The State of Ohio } Delaware County }
Before me Henry Nock an a justice of the peace in and for the county aforesaid personally appeared Elijah Carney of lawful age and sound mind who being sworn in due form of law, deposeth and saith that in the year A D 1838 and for some time afterwards he was engaged as agent for his mother Mary E Carney in procuring affidavits to enable her to substantiate her claim to a pension on account of her late husband John Carney's services in the war of the Revolution That affiant procured an affidavit from Jacob Miller of Pennsylvania who testified that he became acquainted with said John Carney at the battle of Brandywine That he (Miller) belonged to another regi- -ment but saw said John Carney in said engagements and from that time to the death of said Carney he (Miller) was well acquainted with said Carney, That Miller testified that he afterwards saw said John Carney several times during the Revolutionary war and at dif- -ferent places engaged in the service of the United States and from affiant's (Miller's) knowledge of said Carney's servi- ces should say that said Carney was from four to five years engaged in his country's service and that this affiant

(Elyah Barry) has since been credibly informed that said Miller has since he made the above described affidavit deceased and affiant has reason to believe and goes to believe that such is the fact.
That this affiant afterwards procured the affidavit of Henry Lott which were of circumstantial nature viz that this Henry Lott who bore a good character for truth and veracity, stated that his father Zephaniah Lott who was a Captain in the Revolutionary war often and at various times talked in the presence of said affiant (Henry Lott) with said John Barry over their sufferings hardships privations, marines engagements etc in short to fight their Revolutionary battles over; and that said John Barry was always reputed to be a Revolutionary soldier said Henry Lott was about seventy years old when he made said affidavit he has since deceased.
Also Leonard Lott (brother of the above Henry) affidavit was procured which in substance corroborated the statements of his brother Henry he has since deceased. Also William Barry affidavit who was the oldest son of said John Barry and was born about the year 1768 testified he will recollected seeing his father go to and from the service and of hearing him relate on his return the several engagements

he had been in var the battles of Germantown Brandywine and many skirmishes with the Indians believed he served in the different tours about five years
Also Joseph Carney second son of said John Carney who was born about the year 1769 made his affidavit which was in substance as follows That he recollected of his father going to and coming from his military tours of having heard tell of being in the service four or five years and of the different engagements he was in particularly the battles of Brandywine and Germantown remembered well of his coming home at different times of his being quartered at Moravian town a frontier post commanded a company at called Gradenhutton state of his recollection of his father coming home from the Deseret valley on the Susquehanna after a severe engagement with the Indians he had a ball hole through his hat and another through his hunting shirt was of the opinion that his father served in the different tours at least five years
That affidavit was present when his mother Mary E Carney made a declaration of for the purpose of establishing her claim for or to a pension of which he has a memorandum of which the following is a true copy

"The State of Ohio, Delaware County ss On the eighteenth day of February A D 1838 one thousand eight hundred and thirty nine personally appeared before me one of the Associate Judges for said County Mary E Carney resident of Berk- shire Township in the County aforesaid aged seventy nine years who being first duly sworn made the following Declara- -tion in order to obtain the benefits of the provision made by an act of Congress passed July 7 th 1838 That the said Ma- -ry E Carney is the widow of John Car- -ney deceased who was a Revolutionary Soldier officer, that she was born at or near Easton Northumberland County Pennsylvania (she thinks from the infor- -mation she has had having no record of her age) in March 1768 lived in said Township of Hampton Township with her father John Bettenbender up to the time of her marriage to John Carney which was as near as she can recollect in September 1781 was married by Lewis say that shortly after her marriage she with her husband removed to the Wyoming val- -ley in Pennsylvania resided there but a few months and returned to Northam- -pton Pennsylvania lived there until the conclusion of peace; she then removed to Braintree township Luzern County Pennsylvania where she lived with her husband John Carney to the time of his

death, which was July 24 th 1826 she con- =tinued there four or five years after which she removed with her son to Bethel Delaware County Ohio,
Cannot tell many particulars with regard to her husband's service, recollects his performing several tours in the militia after their marriage served as an officer as will fully appear by the proof herunto annexed, served considerable time in the Army prior to their marriage, recollects in an engagement with the Indians at Des Moines Valley, Pennsylvania served under a Capt Myers had a shot through his hunting shirt; remem- =bers of his being to and from the Army a number of times, both before and after their marriage cannot specify the ex- =act amount of time her husband was in the Army but can confidently say she thinks him to have been engaged both before and af- =ter their marriage to the amount of four years recollects after their marriage of his being at Stroudsburg (Pa) for two months or more, at another time of his being called to Wyoming Pennsylvania a tour of some time, does not recollect how long she further de- =clares that she was married to John Gorney aforesaid in 1787 as aforesaid that her husband died as aforesaid in July 24 th 1826 and that she has remained a widow ever since that period and that she commences her husband's

serviced were that of first and second Lieutenant.
That this affiant Elijah Carney forwarded the Declaration of which the foregoing is a true copy to the Com- missioner of Pensions Washington with the accompanying affidavits of which he has given the substance all of which he has been informed are lost and after making diligent search through different agencies he has reason to believe and does believe that they cannot be found and that his mother through bodily infirmities and loss of memory is not capable of making another Declaration and that she remains the widow of said John Carney. This affiant further adds that he is fifty three years old that he is the young- est son of John Carney deceased that is now living that his father resided at his earliest recollection in Surry County Pa. and continued to reside in the same place up to the time of his decease which was in July 1826 affiant has a distinct re- collection of examining his father's papers relating to his services in the Revolutionary War believes he had three commissions viz one as Ensign, one as Second Lieutenant and one as First Lieutenant; the two last of which he has a distinct recollection of, were by the affiant forwarded to the Pension Office Washington City; he saw there with muster rolls discharges, and a variety of papers relating to his service in the

Revolutionary War; has often heard his father relate that he served in said war as an orderly sergeant, ensign, second, and first lieutenants, and heard him say that he served as a private soldier by volunteering and going into the ranks under Capt Myers on a tour of reconnoitering the frontiers when at the same time he held a commission as lieutenant; has heard his father relate of being in the battles of Germantown and Brandywine and an engagement with the Indians at Red Bank valley has heard his father relate his different tours which in all made four or five years. Affiant recollects of seeing the marriage certificate of his father to his John born to his mother Mary E Bittenbender; this was among his father's papers after his death; does not recollect the date; That my father always bore the reputation among the surviving soldiers of the Revolution of being one of them; they always receiving and treating him as such and if he had not of been one of their number there were numbers well acquainted with him to detect and expose him and from their known and acknowledged inability of their military reputation affiant is confident that they would expose and spurn from them any person who should attempt to pass for a

Revolutionary soldier who was not ac- tually such; That affiant forwarded the first sets of papers to the Hon Joseph Ridgway late member of Congress when held a seat in that Hon body and an- other sets similar to this to the Hon Daniel Duncan member of the last Con- gress as his health was not good and finally died he cannot say what be- come of them and the first after ma- ny faithful and diligent enquiries they cannot be found he therefore is forced to come to the conclusion that they are irrecoverably lost, and this without any fault of right of affiant I observe that I omitted to state that Joseph Coony has since deceased
Elijah Currey
Sworn and subscribed before me this 23 rd day of November A 1849
Henry H. H. H.
The State of Ohio Delaware County ss
I Geo W Stark Clerk of the Court of Common Pleas for said County hereby certify that Henry H. H. H. before whom the foregoing affidavit was made taken was on the 23 rd November 1849 an acting Justice of the Peace in and for said County duly commissioned and qualified and that his signature is genuine In testimony
whereof I have hereunto set my hand & the Seal of said Court at Delaware this 23 rd day of November A D 1849
Geo W Stark Clerk

The State of Ohio Delaware County
I Henry Noddy am a justice of the peace in and for the county afore- said do certify that I took the affidavits of Joseph Barney Murray and Leonard Lott that they appeared to be clear certain and positive that said John Barney took an active part in the War of the Revolution and served his country as represented in the United Field and referring to the numerous old soldiers who were alive in their day and were well acquainted with said John Barney and by their state- ments saw and conversed with him in the service and always acknowledged him to be one of their number, with the Lotts I were acquainted from the time I settled in this county which was in the year 1817 until their death they were men of good moral and religious charac- ter. their reputation for truth and vera- city were I believe never questioned or doubted as to Joseph Barney I was well and intimately acquainted with him from the time he moved into this county which was in the year 18 1832 until his death he was respected and esteemed by all who were acquainted with him his word I never heard doubted

As to Elyah Barry I can say that he has been my family physician for 17 years past he is now elected the second time to the Legislature of the State of Ohio he is classed among the first physicians in the country his moral character and standing in society is of the first order and won't to be questioned I further certify that I have been for a number of years engaged in assisting Revolutionary Soldiers their widows, and others in procuring pension, and from my recollection of the papers as first made out in this case I then and am of the opinion now that the papers established a clear claim upon the pension office; This statement is made voluntarily and unsolicited, as I have no interest in the case nor am I related to the applicant
Henry Nodgum

State of Ohio Delaware County ss Personally came before me Henry Wooyoun a justice of the peace in and for said County Leonard Lott who being duly sworn ac- cording to law deposes & says that he is in the sixty first year of his age from the time I was about nine years old I was raised in Luzern County Pennsylvania and live there until the year 1814 when I moved to the county of Delaware Ohio during all the time I lived in Luzern County Pa I was well ac- quainted with John Barney husband of Mary Eve Barney I have repeatedly and often heard him (Barney) and my father (who was a revolutionary soldier) talk of being in the battles of the Revolution particular of the battle of Brandywine deponent cannot recollect the length of time he (Barney) how long he served in said war but believes it must have been a considerable time and in different places he always passed passed and was called a Revolu- tionary soldier and was received by his neigh- bors and acquaintance as a man of strict truth and veracity, deponent father was a captain in the Revolutionary war, on that account with others deponent father and said Barney were on the most intimate terms said the Mary Eve Barney has since removed from Luzern County Pa to Delaware County Ohio deponent was well & is well acquaint- ed with said Mary Eve Barney she always as far as this witness knows passed and was called the wife of said John Barney
Leonard Lott
Sworn to & subscribed this 11 th day January

A. 1840 before me
Henry Woodgan Justice of the peace
State of Ohio Delaware County ss Personally came before me Henry Woodgan a justice of the peace in and for said county Henry Woodgan Lott who being duly sworn deposes according to law deposeth & saith that he is in the sixty seventh year of his age that he brother to Leonard Lott who has deposeth and that he knows the facts there stated to be true, that far from the time deponent was fifteen until he was thirty two years old the greatest part of the time he lived within a mile of said John Carney deponent belie- ves that no person who was acquainted with said Carney doubted his statement being in the war of the Revolution or that Mary Eve Carney being the lawful wife of said John Carney
Henry Lott
Sworn to & subscribed this 11 th day of January A. 1840 before me
Henry Woodgan Justice of the peace

State of Ohio Delaware County ss Personally came before me Henry Hoagland one of the Justices of the peace in and for the county aforesaid, Joseph Lott who being duly sworn according to law deposeth & saith that he is in the fifty third year of his age, that he is brother to Henry & Leonard Lott whose dep- ositions accompany this that he was well acquainted with said John Garney that he was always he received received and believed to be a Revolutionary Soldier in the place of his residence as far as this deponent knows that he (Garney) was a man of strict truth and veracity that Mary Eve Garney always passed as and received in society as his Garney wife they lived together as man & wife and deponent never according the best of his recollection heard any person doubt of his being in the service of his Country during a considerable time of the Revolution- ary war or that said Mary Eve was his (John Garney) lawful wife Joseph Lott
Sworn to & subscribed this 11 th day of January 1840 before me
Henry Hoagland Justice of the peace
State of Ohio Delaware County ss Personally came before me Henry Hoagland one of the Justices of the peace in and for the county aforesaid Elijah Garney who being duly sworn deposeth & saith that he is aged forty four years and is the youngest son of that is living of John Garney late of Luzerne County

Pennsylvania: his father resided at his earliest recollection his father resided in said county on the same place until the time of his death which was July 24 th 1826 Deponent recollects well of seeing his father's papers relating to his service in the Revolutionary war believes three commissions one Ensign one first and one second Lieutenant. Two of which he distinctly recollects and believes have been forwarded to the pension office viz first & second Lieutenant; recollects often seeing them in his father's possession in his father's life time together with Muster rolls, Discharges and a number of other old papers relating to his service in the war of the Revolution. Deponent has often heard his father say that he served in the Revolutionary war as an orderly Sergeant, Ensign, second and first Lieutenant and heard him say that he served as a private soldier during the time he held a commission by volunteering his service and going into the ranks under Capt Myers on a tour reconnoitering the frontier, believes he has heard his father tell that he had been in the service four or five years. — heard him tell of being at the battles of Brandywine Germantown and an engagement with the Indians at the Wisapoke valley. Deponent recollects of seeing his father's marriage certificate to his mother Mary Eve Barry recollects seeing it after his father's death when examining his father's papers recollects the date of the record of his oldest brother by his mother the oldest child of his mother was born in 1782. The marriage certificate with other old papers are sup-
posed to have been left in Pa and are believed

marriage certificate to his mother Mary Eve Garry recollcts seeing it after his father's death when examining his father's papers recollcts the date of the records of his oldest brother by his mother the oldest child of his mother was born in 1782. The marriage certificate with other old papers are sup-
posed to have been left in Pa and are believed to be now lost as search has been made for them and they have not been found
Sworn to and subscribed this 16 th January 1840 before me Elijah Garry Henry Woodard Justice of the Peace
I do certify that I am personally acquainted with all of the above subscribed witnesses and have been ever since they became citizens of this county except Leonard Lott who was a resident of the county when I became an inhabitant of the same, which was in 1817 and from a long ac- quaintance, I can state that they are all men of unblemish- characters, strict moral habits, as for being men of truth and veracity they have no superiors, as the most implicit confidence is placed in their words. Elijah Garry is a practicing physician; he stands at the head of the profession in this county has been recently a member of the legislature, the others are farmers.
Henry Woodard Justice of the Peace
State of Ohio (Delaware County, ss. I William D. Heind Clerk of the Court of Common Pleas of the County & State aforesaid do hereby certify that Henry Woodard Esq. is a justice of the Peace in & for said county, duly commissioned and qualified, that his commission was dated on the 24 th

day of February 1837. & will expire on the 24 th day of Febru- ary 1840. & that his signature before written & believed to be genuine -
Given under my hand & the seal of said County, this 24 th day of Jan y AD 1840.
W. D. Haim Clerk

Washington, May 15 th 1852.
Sir:
I beg leave to appeal to you from the decision of the Commissioner of Pensions in the case of Mary E. Garney, widow of John Garney deceased, of Ohio, who claims a Pension under the Act of 7 th July 1838. The only objection made by the Commissioner of Pensions, is as to the sufficiency of the proof of her husband's grade and services. There is on file with the papers at the Pension Office, a Brief drawn up by me, to which I respectfully refer you, for my views in relation to the evidence on these points.
I have the honor to be
Very Respectfully Your obt servt
J. V. Coombes
Hon. Alex d H. H. Stuart
Secy of the Interior.

House of Rep. U. S. Feby. 25 th 1839.
Dear Sir.
A few days since, I forwarded to you a declaration of Mrs Mary E. Garney, of Berkshire Ohio. I noticed at the time I sent it, that the declaration was taken before Judge John Leugenbuhl and I supposed that the judge had waited upon Mrs Garney (owing to her infirm state of health) at her residence, but did not see that Judge Leugenbuhl had certified on the papers to that effect.
It appears from the enclosed paper which has just come to hand, that the judge did omit to issue the certificate in question; as the returned or certificate, of the state of Mrs Garney has arrived, I hope it will be taken as evidence that she she was unable to be taken to Court, and that you will receive it a part of her papers, for a pension.
Very respectfully
Your Ob t Serv t
J. L. Edwards Esq r Comm r of Pension
W. P. Kingway

House of Rep. U.S. Feby. 23 d 1839.
Dear Sir,
I herewith enclose to you, a new declaration of Mary E. Garvey for to receive the benefit of the provisions of the act of Congress, passed July 7 th 1838. "granting half pay and pensions to certain widows" This is intended by Mrs. Garvey, to be taken in connection with other papers, which she forwarded to your Office, a short time since, under a former pension Law.
Will you do me the favour to give those papers as early an an examination as your convenience will permit, and let me know the result.
I am very respectfully J. L. Edwards Esq te Your Ob st Serv t Court of Pensions W. R. Wm. Wm.

Delaware Ohio February 19 th
1839 Near here I was at the house of Dr Barry on yesterday the 18 th instant and acted in my Official Capacity as you will see by the papers sent to you by the Dr in administration the probate act to and witnessing the declaration of Mrs Mary C Barry an applicant for a pension under the Act of July 7 th 1838 and entitled to certify that she was una- ble from age and infirmity to attend Court in this place I therefore hereby certify that in conse- -quence of her extreme age and infirmity State that of body she is unable to attend Court at Delaware
Truly yours
Rev Joseph Peaseway
John Luginbuhl

House of Rep. U.S. Jan'y 22 d 1839.
Dear Sir.
I have received the accompanying papers, from Mary E. Carney of Delaware County Ohio. You will perceive that Mrs Carney presents her papers for the purpose of receiving the benefits which is provided for in the act of Congress passed July 4 th 1836. in to widows of Soldiers of The American revolution.
You will please to examine Mrs Carney's papers and let me know at as early a day as your convenience will permit, whether she is entitled to the object of her prayer.
I am very respectfully J. L. Edwards Esq - Your Obed t Serv t Com t of Pensions W. W. W.

Washington D.C. Jan'y 111. 1851
Sir,
About a year ago I presented the claim of H. Carney of Delaware County - Ohio who was a Lieutenant in the Revolutionary War for a pension under the act of 1832 - You will oblige me by permitting Mr. T. Ewing Jr to examine the papers filed in the claim - John W. Foster Atty.
Mrs. S. Heath Care of Pension

Washington City, D.C. January 8 th . 1848.
Sir,
The papers in the case of Mary Garney widow of Lieut. John Garney of Ohio, formerly of Penna can not be found upon any files of Congress and it is believed those papers, if sent to Congress must have been returned again to the Pension Office — The papers consisted of two commissions — first & Second Lieutenancies — an old furlough, — Documentary proof from records of Penn a . showing a settlement for services for a short time as private in Regular Penn a . Line. Affidavit of an old Soldier who saw him at Battle Brandywine &c. Two other Affidavits of men showing he was an Officer of the Militia and that he was in service from Three to five years — with a number of other Affidavits. — Widows declaration filed under two Acts of Congress. — Will Mr Edwards cause a careful search to be made
I Olige Vry Respectfully
Yrs Off. Secy.
L. B. G. [Signature]
Ag t
Calif a S. Edwards Commissioner Pension Present

Mary E. Conway
J. J. Gove

Washington, April 17 th 1852.
Sir:
In reference to the claim of Mary E. Carney, of Ohio, now in turn for Examination, I desire to make a few suggestions.
There are very peculiar circumstances connected with this claim, as will be seen by the papers which I filed in January last.
Soon after the passage of the act of 1838, Mrs. Carney made a declaration, claiming the benefit of said act, which, together with two Commissions to her husband , one as First Lieutenant , & the other as Second Lieutenant , and sundry depositions, one of which, was the deposition of Jacob Miller (since deceased) who was himself a soldier of the revolution, and testified from personal knowledge to the services of said John Carney - were forwarded to the Pension Office, but have been for a long time lost. These facts are proved by the deposition of Elijah Carney, now presented. Said Elijah Carney is a physician, of high standing, in Delaware County Ohio, and duly heretofore represented said County in the State Legislature of his state. The fact that the Commissions of said John Carney were once received at the Pension Office will appear, I think, from some of the official letters in the case, now of record in your Office. The fact that Mrs. Carney's original declaration was filed in the Office in 1838 or '39, will appear by your Register.

Every possible effort has been made to find said original papers, without success. Their loss is not the fault of Mrs. Carney, or her Agents. Mrs. Carney, although of a very advanced age, is still living . An effort has been made to supply, as far as possible, the want of said lost papers. Fortunately, the Justice of the Peace who drew up Mrs. Carney's deposition declaration, and the deposition of Joseph Carney, in 1838, preserved copies of the same; the which, duly authenticated by said Justice, are now presented. Also, a supplemental declaration made by Mrs. Carney in October last.
I take it for granted it will be admitted, that two Commissions to said John Carney, one as second & the other as 1 st lieutenant, were forwarded to the Pension Office by Elijah Carney, as he swears in his deposition. If this be admitted, the only remaining question will be, as to the amount of service rendered under said Commissions.
Although it is impossible to determine from the evidence, exactly how many months and ye years, months, or days the said John Carney served, yet I think no reasonable mind can entertain a shadow of doubt, after reading the evidence, as to the fact that a great deal of service was rendered by said John Carney.

Upon this point, I would respectfully call your attention, first - to the deposition of Jacob Miller, (now dec d ?) the substance of which is proved by the deposition of Elijah Canney - (the original deposition being lost.) This witness was himself a soldier of the revolution, became acquainted with said John Canney at the battle of Brandywine, and knew him from that time to the end of the war and afterwards till his death. Saw him in service at several times and in different places during the war, and believes he was engaged in the service four or five years.
2 d . I refer you to the deposition of Joseph Canney (a son of said John Canney by a former wife) - who was born in 1770, - and was consequently 13 years old at the close of the war. Although this witness cannot, of course, state definitely the amount of his father's service, yet his testimony shows, beyond all doubt, that he rendered a great deal of service, in divers capacities, during the war. In fact this witness specifies several distinct tours of service, in the latter part of the war, from his own knowledge and recollection.
3 d . I invite your particular attention to the deposition of William Canney , which I now herewith present. This witness has never

before given his testimony in The Cluse, in consequence of his residing in the state of Pennsylvania. He is also the son of said John Carney, by his first wife. As he was eighty three years of age , and upwards, in Octo- ber last, he must have been born as early as 1767. Consequently he was nine years of age , at the commencement of the war, and 16 years old at its close — old enough to have been him- self a soldier. He was therefore old enough to recollect well in regard to his father's services. He specifies many of his tours of service, and believes he served, in all, some four or five years.
It will be observed that neither of these sons of John Carney, are the sons of the claimant. They therefore can have no interest in the claim, even after the decease of the claimant. They have not even any relationship to the claim- ant, to prejudice them in her fa- vor. They are merely her step- children ; a species of relation- ship that is not supposed, generally, to produce very warm attachments between the parties.
In conclusion, I beg leave to add, that Mrs. Carney's case ap- pears to me as one of peculiar

handship. There can be no doubt, in my mind, that her pension would have been allowed long ago, had her papers not been lost.
I think a careful Examination of the case as now presented, will satisfy you that some pension ought to be allowed. I have not the slightest doubt, from the evidence, that Canney actually served much more than two years . But if you shall not be satisfied to allow a pension for so much service, please allow it for any less amount which you may think the evidence will warrant.
I am, very resp y Your obt serv t D. L. Coombs
H. H. Hatt Esq Comm ee of Pensions

Department of the Interior Washington June 4. 1852.
Sir,
I have examined the case of Mary E. Canney an applicant for a pension and am of opinion that the testimony adduced establishes a claim for at least six months service as Second Lieutenant and that the applicant should be pensioned accordingly. The papers in the case are herewith returned to the Pension Office.
I am very respectfully Your obedient servant Alex. H. H. Stuart Secretary
James E. Heath Esq. Commissioner of Pensions

House of Rep Jan 25, 1848
H. Edwards Esq Sir,
I have received a letter from Mr E Barry of Delaware County Ohio, requesting my attention to an application made for a pension by his mother Mary E Barry. After a thorough examination the papers cannot be found in the office of the clerk of the House of Representatives. They were at one time in the office of the Commissioner of Patents. They may possibly be yet in your office. - If so I will be obliged if you will enclose them to me. -
My Respectfully Your Oft Servant Daniel Duncan

Washington City Feby. 5. th 1842.
Dear Sir.
I am desirous to obtain all the evidence that there may be in your office in support of the claim, for a pension of Mary Eve Carney - for whom an unsuccessful application was made, I think, in 1839 under one of the statutes on the subject.
Should there be any papers in your office relating to the claim of Mrs. Carney will you have the goodness to forward me authenticated copies of the same.
I am Sir.
Most respectfully
Your obedt Servt.
J. Wingray
J. L. Edwards Esq. Comm te of Pensions.

Mary E. Curney
Deceased
Widow of John
Ohio
Act 7 July 1838,
J. V. Goules Atty for Plaintiff.

Washington May 24 th 1882.
Sir:
Having examined the report of the Commissioner of Pensions, in the case of Mary E. Garney, now pending before you, on appeal, I beg leave to add, a few remarks.
1 st . As to the loss of the papers originally filed by Mrs. Garney, including two Commissions as 2 d and 1 st Lieutenants; The Commissioner, in his report, says, that said original papers "were, at the request of the Hon. J. T. Telfer (then Chairman of the Committee on Revolutionary Pensions,) sent to him, at the House of Reps. in January 1841," - and that he " has no doubt but they could now be found on the files of the Clerk's Office. " In answer to this, I can only repeat what I have before said, that repeated search has been made for these papers

Among the files of the House of Representatives, and every possible effort has been made to find them, but without success. If the Commissioner, however, doubts this, and still thinks the papers could be found among said files, it is clearly his duty to send for them. Having been sent from his Office to the House of Reps. he is the proper person to ask for them, now that they are again wanted in his office. It will be seen, however, from the letter of the Hon. Daniel Duncan, (then Rep. from the District in which Mrs. Canney lived) - of 25 th May, 1845, on file, marked A , that "after thorough examination these papers cannot be found in the Office of the Clerk of the House of Representatives."
I do not know whether the Commissioner of Pensions really

intends to question the fact that such commissions were once filed in his Office, or not. In the first paragraph of his letter to me of the 12 th inst. (a copy of which he has furnished you as his report on my appeal) he only objects to the sufficiency of evidence "whereon to base a computation of service ". In the next paragraph, however, he seems to express a doubt whether the fact is sufficiently established, that said commissions as 2 o & 1 st Lieutenant were ever filed in the Pension Office. He says - "His Office, in its correspondence, and especially in the letter to Mr. T. Lador-seig (enclosing) him the papers, makes no mention of the commission as 2 o and 1 st Lieutenant, referred to by you." Now, I admit that in said correspondence no mention is made of commissions

"As 2 nd and 1 st Lieutenants," - but the fact that Certain Commissions - (not mentioning the grade) were filed by Mrs. Burney is admitted in some of the Official letters of record in the Pension Office. The grade of these Commissions is established by the deposition of Elijah Burney, of Delaware County, Ohio, (a physician of high standing, and formerly a member of the Ohio Legislature) - who forwarded said Commissions to the Pension Office, through the Hon. Joseph Ridgway, the Member of Congress, at that time, from his District. (See his deposition in file marked B. ) He swears that he forwarded the two Commissions , one as second and the other as first Lieutenant in the Pennsylvania militia , together with a furlough , and sundry affidavits of witnesses. The Commissions as

Second Lieutenants bore date in the year 1777, and that as First Lieutenants, some time in the year 1780. Even if the correspondence of the Pension Office did not show that any commissions were ever filed in the case, the depositions of Elijah Curney would be sufficient to establish the fact of their existence and their loss.
If it be admitted that such commissions did exist, they establish the grade of Mr. Curney's husband, and nothing further need be said on that point.
The only remaining question is, does the evidence show, with sufficient certainty, that he served as much as six months . I admit that it cannot be determined from the evidence exactly how long said John Curney

was in service. This remark is, however, equally true of a very large majority of all the claims that have ever been allowed for militia service, where the evidence of service, either in whole or in part, consisted of naval testimony. The question is not, as to the exact number of any months and days service performed; but does the evidence show, beyond a reasonable doubt, that he served as much as six months ? If it do, then the widow is entitled by law, to a pension. If the evidence clearly satisfies the mind of the Examiner that as much as six months service was performed, but leaves him in doubt as to how much more service was rendered, surely he should allow a pension for six months service. So, if he is clearly satisfied that

from the evidence that at least  a year's service was rendered, he should allow a pension for that amount of service, even if it cannot be determined exactly on what day each term of service commenced and terminated. Many full pensions have been allowed, in cases where the evidence was wholly indefinite as to the exact length of the service. It has been held, and correctly held, in such cases, that if the evidence was of such a character as to leave no doubt that the soldier served at least two years , his claim to a full pension was clearly established - without requiring positive evidence as to how many years, months and days he was actually in service beyond the two years.
I do not think any reasonable

Mind, acquainted with our revolution- ary history, can entertain a rea- sonable doubt, after a careful ex- amination of the evidence in this case, that said John Burney served at least two years in the war of the Revolution. He lived in North- ampton County, Pennsylvania, where the militia were often called into service during the whole war. At the commencement of the war he was a sergeant, and was successively promoted, during the war to the rank of ensign, 2 d Lieut & 1 st Lieut, which latter rank he held to the end of the war. It is hardly possible that he could have held these offi- ces in the militia of Northampton County, Pa. during the whole war, without being called into actual service much more than two years.
We have in evidence the testimony

of three witnesses, who knew said John Garney, while he was in the service. Although neither of these witnesses can undertake to specify the exact number of years, months and days he served, yet each one estimates, under oath, from his own personal knowledge, the service to have been from four to five years.
1 st I would refer to the testimony of Jacob Miller, (now dec d ). His deposition, forwarded with the original papers, has been lost, but the substance of his testimony is given in the deposition of Elijah Garney, in file marked B. Said Miller was himself a revolutionary soldier; and testified that he became acquainted with Garney at the Battle of Brandywine, and knew him from that time to the end of the war, and afterwards till his death:-

Saw him in service at several times and different places during the war, and from his own knowledge of his services , should say that said Canney was from four to five  years in the service.
2 o I refer to the disposition of Joseph Canney (a son of said John Canney by a former wife) - who was born in 1770, and was Canney recently thirteen years of age at the close of the war. He cannot, of course, state definitely the exact amount of his father's services, yet his testimony shows, beyond all doubt, a great deal of service. He says he believes his father was in actual service at least half the time from 1776 till the surrender of Cornwallis, after which he was out many times on Indian alarms. His witness specifies five  distinct  terms of duty performed by his

further, each of which he thinks was three months or more, to wit: 1 st A winter Campaign in the winter of 1776-'7, in New Jersey.
2 d A term of service at Washing- ton Delaware, during which time he was in the battles of Brandywine & Germantown.
3 rd A Campaign on the Indian fron- tier upon the Delaware river.
4 th A tour at the Moravian Town of Schoenbrunn.
5 th A tour at the Schuylkill Valley. Here then, we have five Tours of duty specific d, each of whom the witness believes to have been 3 months or more. Three months was the term for which the militia were usually called into service; so that in these five Tours recollect- ed and specific d by the witness, he must have performed fifteen

months service, to say nothing of the numerous expeditions against the Indians, not so clearly speci- fied.
3 o I beg leave to refer particularly to the deposition of William Car- ney , lately presented for the first time in the case. This witness has never before testified in the case, in consequence of his residing in the State of Pennsylvania. As he was Eighty-three years of age in October last, he was old enough at the time of the war to have a distinct recollection of his father's services. He specifies many of the tours of service performed by his father, agreeing with the testimony of his brother John Carney, and believes he served, in all, some four or five years. This witness was a young man during

the war; and although not actually in service with his father, can nevertheless recollect, certainly, with some approximation to accuracy, the length of time he was absent in the service. He believes it amounted to between 4 and 5 years. Can there be any doubt, therefore, that he must have served much more than six months?
It should be observed, that both John and William Carney are sons of the said John Carney by a former wife, and consequently can have no interest in this claim, even after the death of the Claimant, being only her step-sons .
In conclusion I beg leave to say, that I have no doubt Mrs. Carney would have

obtained her pension long ago, but for the loss of her papers. To my knowledge many claims have been allowed in the mean time on evidence not more clear and conclusive, to say the least. The loss of the papers, whether it occurred in the Pension Office, or in the Clerk's Office of the House of Reps. is not her fault, or the fault of her agents.
Very Respectfully Submitted
J. V. Coombs
Atty for Claimant
Hon Alex H H Stuart
Secy of the Interior

Brief in the case of Mary E. Garney wif of John County and State of Ohio 'act s 7 July '38 H6.
Claim, ("original," or " for increase. ")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
This claim was allowed by the Sec'y on appeal.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
J. J. Coombs Present.
Kirby Examining Clerk.

Washington May 26th 1855.
I herewith transmit in the Revolutionary pension claim admitted in part under act of July 1838 of Mary Over Carey widow of John the following papers which have been lost in the Clerk's Office of the House of Representatives but recently found among the Commission as Second Lieutenant of Company of Foot in the Third Battalion of Militia dated 21st May 1777. A Commission as Lieutenant of a Company of Foot in the Ninth Battalion of Militia dated 10th May 1778. Discharged by Colonel Henry Gauger dated March 1777. Certificate of having taken & subscribed the affirmation of allegiance dated 18th May 1777. Certificate of the said John Over being a resident of the State of Pennsylvania. Declaration of Mary Over made on the 14th July 1836 and July 18th 1838. Affidavit of Samuel Lott, Henry Lott, Joseph Lott, Elijah Carey, Jacob Miller, William Carey, Joseph Carey. The Pension Office in letter of May 18th 1852 to the Comty states the latter to be the only ones in the papers in existence and here produced. I hope the rest as they are in existence and here produced. I hope the rest

present just and enlightened head of the Pension Office will consent to allow on them and the large mass of other evidence something additional. The following is respectfully submitted to your consideration . The claim is now made under the Act of July 4, 1836. This Law is "that the Secretary of War shall adopt such forms of evidence in applications under this Act as the President of the United States shall prescribe as wise." May 4, 1836. A "Rule" "prescribed by the President and adopted by the Secretary of War" is Rule 8 of those adopted under that Act as follows. "The claimant must, in every case where there is no record or documentary proof of the revolutionary services of the deceased officer or soldier, produce the testimony of at least one credible witness. The Evidence in this case of the revolutionary services of the deceased officer consists not only of one credible witness but of three credible witnesses, that they know that he performed service after his marriage to Mary Eve Caney, added to her own since repeated oath, as shown as follows, viz:
1st In her Declaration under the Act of July 4, 1836 herewith transmitted she solemnly Swears that the time of her marriage to John Caney was in September 1781, has no record of her marriage, her Marriage Certificate being lost among a number of her husband's papers appertaining to his services, was married by Lewis Becker Esq. of said Hamilton Township and further Swears the particular recollection of her husband's service is that he performed several tours of duty in the Militia after their Marriage, as an officer first a Second Lieutenant - recollects his going on a tour of duty to the Monongahela Valley Pennsylvania with Capt. Jacob Mayer was in an engagement with the Indians many of his company being killed: they went on a tour of Eighteen months - recollects his being at

Stroudsburg Pa two or three months guarding the frontier - recollects another tour he was called to Wyoming - does not remember what length of time he was gone. She thinks his whole amount of services before and after their marriage would amount to at least four years.
2 d In her Declaration under the Act of July 7 th 1838 at a time when she was not applying under the Act of July 4 1836 and therefore had no interest to misstate, she Solemnly Swears that she recollects well his being out at a place called Strouds on the Delaware river now called Stroudsburg was there as a Lieutenant after their marriage, was stationed there as a frontier guard she thinks from two four months - at another time called to Wyoming and several other tours of duty in various places viz in New Jersey.
3 d William Carney whom the Officer before whom the Affidavit is taken Certifies to be a gentleman of respectability and integrity, and that their statements are to be depended on at all times whether with or without the sanction of an oath, Solemnly Swears on Sept r 18. 1838 he recollects he was in the service after he married Miss Bittenbender and states an important Family Event by which he remembered it, viz, that shortly before the close of the war he removed to Luzerne County.
4 th Joseph Carney of whom the Officer before whom the Affidavit is taken Certifies as follows "I certify that I have known Joseph Carney the deponent ever since he moved to the State of Ohio in 1832, That he is a man of sober & religious morals, his statements to be depended on in all cases and his oath no man that is acquainted with him would for a moment question," Solemnly Swears that he is a son of his father by his first wife - therefore even if Mary Eve Carney had been dead at that time of his deposing he would have had no interest in the claim, and that his mother died about the year seventeen hundred and seventy seven; that about

four years after the decease of deponent's mother that his father married a second time to Miss Mary E. Bettenbender of Hamilton township in said Northampton County, that deponent was in the neighborhood at the time of his father's marriage to Miss Bettenbender, that he deponent was distant about three fourths of a mile, that he deponent then and always since understood that they, deponent's father & Miss Bettenbender were married by Stecher a Justice of the Peace, — "deponent knows of no record of his father's marriage" — "after the capture of Lord Cornwallis he was out at least as much as six or eight times, on Indian alarms, which continued until the Treaty of Peace was concluded, — deponent recollects his father was in the service of his country after his second marriage."
5 th The Hon ble Elijah Carney of whom the Officer before whom the Affidavit is taken Certifies to be a man of unblemished character, strict moral habits, as for being men of truth and veracity they have no superiors, as the most implicit confidence is placed in their words. Elijah Carney is a practising Physician. He stands at the head of the profession in this County, has been recently a Member of the Legislature, — and as his mother Mary Eve Carney was then living and he was not interested in the claim, Solemnly Swears on Jan y 16 th 1880 he "recollects of seeing his father's Marriage Certificate to his mother Mary Eve Carney, recollects seeing it after his father's death when examining his father's papers, — recollects the date of the record of his oldest brother, the oldest child of his mother was born in 1782. The Marriage Certificate with other old papers are supposed to have been left in Pennsylvania and are believed to be now lost as search has been made for them and they have not been found." Thus the testimony of this last Witness proves that the oldest child was born in 1782 and therefore corroborating the fact stated by her and

and the other Witness that she was married in 1781.
In Papers now on file in the Pension Office the Officer before whom another Affidavit of Elijah Carney last mentioned was taken, on 23 rd Nov r 1849 Certifies as follows "As to Elijah Carney I can say that he has been my Family Physician for 17 years past — he is now elected the second time to the Legislature of the State of Ohio: he is classed among the first Physicians in the County — his character and moral standing in society is of the first order and word not to be questioned." It is utterly unlikely therefore that he would commit perjury.
In Papers now on file in the Pension Office William Carney in an Affidavit made by him on Oct r 31. 1851 of whom it is Certified he is "a highly respectable citizen" Solemnly Swears at a time when the the further said claim was not being made under the Act of 1836 as follows "He has distinct recollection of his father rendering service to the Government after his marriage to the said Mary E. Bittenbender."
Therefore the Law of July 4. 1836 grants to to M rs Carney as she was a widow as she was a widow whose marriage took place before the expiration of his last period of service "the annuity or pension which might have been allowed to her husband" and grants that the Secretary of War prescribe adopt the "forms of evidence" who has adopted one requiring only one credible witness" and as M rs Carney has produced not only "one" but has produced Three of them, all of them proved to be in the Very Highest Degree credible and Two of them Swearing in the Most Solemn Manner that their father served in the Revolutionary war after his second marriage" and the Third (Elijah Carney) Swearing to the Record of the eldest child's birth, Corroborating their

testimony as to the time of marriage, — the Law and the Regulations do both grant her the pension. It is hereby respectfully represented that this Law does not give authority to the Pension Office to withhold a pension from Mary Eve Carney, her children asserting her right, because the exact day of commencement and termination of John Carneys service is not mentioned, on the contrary the Secretary of the Interior has Decided in the case of Rhode O'Lein, (Mayo & Moulton p 533) that the fact that — "he does not state the duration of his service as a volunteer" is not a valid objection to the claim.
The Attorney General has shown in his Decision on the Law of May 7. 1848 that satisfactory evidence is even presumptive evidence — and by the Act of June 7 th 1832 and Regulations authorized by it, even traditionaly evidence is sufficient and all the rights under that Act have been given her by the words in Act of 1836 "by virtue of the Act aforesaid, but instead of mere presumptive evidence or of mere traditionaly evidence , here in this case is the positive testimony from knowledge of Two Witnesses , proved to be in the Very Highest Degree Respectable and Credible .
Not only is she entitled under Rule 8 under Act of July 4. 1836 requiring but one credible witness instead of two as there is here, but the following Authorities corroborate the justice of that Rule . Judge Story in his Commentaries states that the Courts of the United States, of the States, — the State Legislatures and Congress are bound by the general rules of evidence & statutes as follows. "The general rules of law and evidence applicable to common trials, are interposed to prevent the party against the exercise of wanton and arbitrary power." These rules of evidence show

as follows. Bacon's Abridgement Vol 2 p 597 states "Lord Chief Justice Holt Decides the 'single testimony of one credible witness was sufficient to prove any fact.' Archbold's Criminal Evidence page 157 "In all other cases [but treason and perjury] one witness is sufficient. Also 2 Hawk 6. 46. 2. Fort. 233. Philips on Evidence Vol 3. p 565 "one credible witness is sufficient to convict of a crime. Also Wood's Civil Law 317. Greenleaf on Evidence Vol 1. p 324 "whatever is evidence at common law, is still good evidence under the express constitutional and statutory provisions of the American Government. Bouvier Vol 2 p 659 "one witness is sufficient to establish a fact."
J. J. Coombs, formerly Chief Clerk of the Pension Office, states a fact as follows , in an argument among the papers in this case, of which probably is admitted by the Pension Office, as follows, "Many full pensions have been allowed, in cases where the evidence was wholly indefinite as to the exact length of the service. It has been held and correctly held, in such cases, that if the evidence was of such a character as to leave no doubt that the soldier served at least two years , his claim to a full pension was clearly established — without requiring positive evidence as to how many years, months, and days he was actually in service beyond the two years." The right to the benefit of this principle exists — and therefore as the "evidence" is "of such a character as to leave no doubt that her marriage took place before the expiration of the last period of his service" the Law of July 4. 1836 & the Rules of July 9. 1836 under it do not require "positive evidence as to how many years, months and days he was actually in service beyond the marriage but require, on the simple fact, as in its words, that it was before the

marriage" even if but for one day before, that she shall be entitled."
I am Very Respectfully Your Obedt Servt Isaac N. Coffin.
Loren P. Waldo Esq. Commissioner of Pensions Washington. D. C.

Washington, Jan 7. 9 th 1852.
Sir:
Enclosed you will please find the supplemental declaration of Mary E. Canney, of Ohio, widow of John Canney dec d . claiming a pension under act of 7 th July 1838. Also, authenticated copies of certain depositions which were once sent to the Pension Office, and which together with two commissions to said John Canney as 1 st & 2 d Lt. have been lost.
When the case comes up for Examination, I should like to be notified, as there are some points to which I would like to direct the attention of the Examiner.
Very Respectfully Your obed Servt J. L. Coombs
J. E. Hatto Esq Comm r of Pensions.

Single MAY 3 1843
JB
4
Elijah Casney Esq. Berkshire Delaware County Ohio

Seventh Regiment 1780
We and each of us whose names are hereunto subscribed do acknowledge to have received from Major Thomas B. Brown and Captain Brevery Beatty, Agents for the Late Pennylvania Line, the several sums, opposite to our names, respectively for certificates dated July 1 st 1784, bearing Interest at Six per Cent from January 1 st 1784 signed by John Pierce, Commissioners, and described as below, being for the balance of a Settlement between the United States and us for Pay &c. to January 1 st 1781.
   Date of Issues No of Certificates Atts Names Sums Dollars 90cts Signers     Mar 23 1786 68453 6x John Barney 33 30 John + Barney mark  
Auditor General's Office of Penn a
May 18 th 1838  I Certify the above to be a correct extract from the Pay Rolls of the Pennsylvania Line, in the Revolutionary War, remaining in this office, Always my hand and Seal of Office the date above written  Nathl P. Hobart Aud. Genl
No 44520
I John Barney do hereby certify that the Certificate dated July first one thousand seven hundred and eighty four, numbered Sixty eight thousand four hundred eighty three, for thirty three dollars and 30 cents, payable to John Barney, same time, and signed by John Pierce has not been alienated nor transferred, but is really and bona fide my property.  Sworn on the W h Evangelist March 24. 1836 before Edm th D. D. L.
So help me God his John + Barney mark
Auditor General's Office of Penn a
May 8 th 1838
I certify the above to be a correct copy of the Original remaining on file in this office, Always my hand and Seal of office, the date above written
Nathl P. Hobart Auditor General

Auditor General's Office Harrisburg May 8. 1838
Sir
Your letter of the 1 st inst, addressed to the Governor of this Commonwealth requesting information relative to the services of your father in the Revolutionary war was handed over to this office this morning. The certified copies from the records of this Department herewith transmitted furnish all the information that can be had therefrom in relation to your inquiry
Respy Yours
J. W. Hammond Chief Clerk
Elijah Harney Esq

In the NAME and by the AUTHORITY of the FREEMEN of the Commonwealth of Pennsylvania ,
The SUPREME EXECUTIVE COUNCIL of the said Commonwealth,
To John Carney Gentleman
WE, reposing especial Trust and Confidence in your Patriotism, Valour, Conduct and Fidelity, DO, by these Presents, constitute and appoint you to be Lieutenant of a company of foot in the sixth
Battalion of Militia, in the County of Northampton You are therefore carefully and diligently to discharge the Duty of Lieutenant by doing and performing all Manner of Things thereunto belonging. And We do strictly charge and require all Officers and Soldiers under your Command, to be obedient to your Orders as Lieutenant And you are to observe and follow such Orders and Directions as you shall from Time to Time receive from the Supreme Executive Council of this Commonwealth, or from your superior Officers, according to the Rules and Discipline of War, and in Pursuance of the Acts of Assembly of this State. This Commission to continue in Force until your Term, by the Laws of this State, shall of Course expire.
GIVEN under the lesser Seal of the Commonwealth, at Philadelphia, this tenth Day of May in the Year of our
Lord One Thousand Seven Hundred and eighty
N o 2 ATTEST.
W. Mottack Juss
As read Present

In the NAME and by the AUTHORITY of the FREEMEN of the Commonwealth of Pennsylvania ,
The SUPREME EXECUTIVE COUNCIL of the said Commonwealth,
To John Harney  Gent
WE, reposing especial Trust and Confidence in your Patriotism, Valour, Conduct and Fidelity, DO, by these Presents, constitute and appoint you to be Second Lieutenant of a Company of Foot in the Third Battalion of Militia, in the County of Northampton — You are therefore carefully and diligently to discharge the Duty of Second Lieutenant by doing and performing all Manner of Things thereunto belonging. And We do strictly charge and require all Officers and Soldiers under your Command, to be obedient to your Orders as Second Lieutenant And you are to observe and follow such Orders and Directions as you shall from Time to Time receive from the Supreme Executive Council of this Commonwealth, or from your superior Officers, according to the Rules and Discipline of War, and in Pursuance of the Acts of Assembly of this State. This Commission to continue in Force until your Term, by the Laws of this State, shall of Course expire.
GIVEN under the lesser Seal of the Commonwealth, at Philadelphia, this Twenty-first Day of May , — in the Year of our Lord One Thousand Seven Hundred and Seventy-seven —
Thos Wharton Pres
ATTEST. T. M'Call
AN DR RT

Washington
March 22. 1858
G. W. Verhiltz Esq.
Comm of Pensions
Dear Sir
Dear Sir
Please
Please send me the information, and explanation asked for in the enclosed letter from Dr Caney.
Very Respectfully
Yours & I
B. Stanton

Martinsburg W. Va.
9/5/23
Dept. of the Interior
Gentlemen;
Will you kindly advise me as to whether or not one John Kerney (also spelled Carnel and Kearney) received a pension for service in the Revolu- tionary War.
He served first as Ser- jeant in the Second Company, Third Battalion,

Northampton County Militia under Capt. Mayers, with Battalion by Colonel Michael Pobst in 1778. and later as Lieut. in Capt. Adam Stahler's Co. of Militia commanded by Lieut. Col. Christian Shause.
I want to join the D. A. R. and have not been able to obtain data around here.
As said John

Kezney (Carney or Kearney) receiving Pension could you furnish me with - date + place of birth - & date of marriage and death of him and his wife also maiden name of his wife Susan and date of her birth -
Will you please leave me hear from you

as soon as possible
And Oblige
Mrs. Eldergist Kilmer Cooper 126 E. Burke St.
Martinsburg West Va.

SERVICE
NUMBER
Va.
barney, John
S. 16070
CONTENTS
carded

5092 Indiana
John Barney
of Jennings Co. in the State of Indiana who was a private in the Company commanded by Captain McClanahan, of the reg t commanded by Col. Christian in the Virginia Militia for 1 year, from 1776.
Date of death not on file.
Inscribed on the Roll of Indiana at the rate of 40 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 th day of Feb- ruary 1833 — and sent to Hon. J. Barr, H. R.
Arrears to 4th of Sept. 32 $ 60 — Semi-ann. allowance ending 4 th Mch 33 20 — $ 80. —
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Wm Allison Clerk Book D Vol. 9 Page 180.
Letter to J. B. Lee, 10. Decr 1840
Paid at the Treasury under the Act of the 6 th April 1838 from 4 Sept 1839 to 4 March 1840. Agt notified 29. March 1841.

State of Indiana } Jennings County } On this day appeared person- ally appeared in open Court before the Honorable the Jennings Circuit Court of the County of Jennings now sitting John Barney a resident of the County of Jennings and State of Indiana aged seventy five years who being first duly sworn doth upon his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832. That he entered the United States service in the Revolutionary War as a Volunteer in the month of June 1776 at the County of Botet- ourt in the State of Virginia for the term of six months in the company of William M'Clenahan Captain, in the Regiment commanded by Colonel William Christian, and he served as a soldier in the said service the said term of six months And that in the year 1777 (the month not recollected by him) he enlisted in the United States service for the further term of six months in the company of Captain Henry Paulding at Botetourt County State of Virginia in the Regiment of Colonel John Bossman and that he served the said term of six months in the Army of the United States making in all twelve months that he served as a Soldier in the Revolutionary War, and during said service he was engaged in several

His wishes in with the Indians in the Cherokee station, (now in the state of Tennessee) under the command of Colonel William Christian and he was discharged from the above terms of service at Botetourt County State of Virginia, and that he hath no documentary evidence of his services and that he knows of no person except persons in Virginia and in remote parts of Kentucky, whose testimony he can procure to testify to his above men- tioned services. And he hereby relinquishes all and every claim 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.
And in answer to the 1 st Question. He says he was born in the County of Frederick in the State of Virginia April 15. 1757
Ans 2. He has no record evidence of his age which he can exhibit in court
Ans. 3 He was living in the County of Botetourt State of Virginia when he entered the several terms of service and from thence removed to Washington County Tennessee, then North Carolina) in the year 1781. and from the latter place to Scott County Kentucky in the year 1801. And from thence to the County of Jennings in the State of Indiana

in thoye as 1819 when he now resides -
Ans. 4. He first entered the service as a Volunteer and for the second term by voluntary enlistment
Ans. 5. The names of some of the officers he says are Colonel Wm Christian, Col. John Boroman Captain Wm McClanahan, Captain Henry Paulding
Ans. 6. He did not receive any written discharge but he received his pay and was disbanded with other troops at the expiration of his term of service -
Ans. 7. He is known to John Vawter a clergyman and John Walker Clerk of the Jennings Circuit Court who can testify to his character for veracity and their belief of his services as a soldier of the Revolution sworn & subscribed in open court John Carmey Augt. 29 th 1832 John Walker Clerk
We the undersigned do certify and testify in open court of the Jennings Circuit Court in & for the county of Jennings State of Indiana that from our acquaintance with the above named John Carmey we believe he is of the age he represents himself in his above declaration and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that we concur in that opinion
John Vawter Clergyman John Walker Clerk

That the said court do hereby declare that in open court after the investigation of the matter & after putting the interrogatories prescribed by the War department that the above named applicant was a revolutionary soldier & served as in the states - & the court further certifies that it appears to them that John Walker who signed the foregoing certificate is a clergyman residing in Jennings County Indiana & that John Walker who also signed the same is a resident of the county aforesaid & is a credible person & that this statement is entitled to credit -
Ezra F. Pabody
Same initials (Appoint judges)
John Garney 11/2/14
State of Indiana Jennings County ss. I John Walker Clerk of the Circuit Court of said County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Garney for a pension - In testimony whereof I have hereunto set my hand & seal of Office at Vernon this 29th August 1832
John Walker Clerk

BRIEF in the case of John Barney of Gunnings County in the State of (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge?
a Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 75 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.   As a Gen.     In 1776 — — 6. — private. Capt. Wm. McLanahan, Col. Wm. } Christian, Regt.   1777. — 6 — do. Capt. Henry Paulding, Col. } John Bowman, Regt.  
5. In what battles was he engaged?
6. Where did he reside when he entered the service? Botetourt County, Virginia
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?
Traditional evidence.
8. Are the papers defective as to form or authentication? and if so, in what respect?
No.
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
R. H. Pleasants Examining Clerk.

This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Such of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.
L. W. B. I. 16070.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
O. W. & N. DIV.
REVOLUTIONARY.
February 17, 1899.
Madam:-
In response to your recent communication you are advised that John Carney made an application for pension on August 29, 1832, at which time he was 75 years of age and residing in Jennings County, Indiana, and his pension was allowed for one year's actual service as a private in the Virginia troops, Revolutionary war. He enlisted in Botetourt County, Virginia, and served under Capt. McClenahan and Col. Christian.
Very respectfully,
Acting Commissioner.
Miss J. Gertrude Hatch,
110 West Miller Street,
Jefferson City, Mo.

Ample rev. adj
P
16070
INVALID.
File No. 16,070
John Barney
Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 62
[Arrangement of 1870.]
Feby 17/99. Miss. J. B. Wapello Jefferson City Missouri
1923-June 19-Let. to Mrs. Ger- trude H. Nelson how to obtain date of death etc. Let. in ch- H-8798 of Hon. Suggie. MMH.

Madison Dec 2 1840.
J. J. Edwards Esq Comr. of Pensions
Sir
Herewith I hand you Voucher for John Carney's pension from 20 Sept 1839. to 4 September 1840.
Mr Rowan the Attorney resides in this City Very Respectful
Isaac C. Lea

TREASURY DEPARTMENT,
Second Comptroller's Office,
February 23 d , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Carney, — a Pensioner on the Roll of the Madison Ind. Agency, at the rate of Forty Dollars and — Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 4 th March 1840.
Respectfully yours,
Wm. H. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

Sp. 17. 214.
John Carney
for 1746 prints 12 months, $40.
Rev John Carr.
Indiana

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Barney 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?
yes -
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?
yes.
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?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
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.

OWT/5
Jefferson City Mo. February 12 1898
Gentleman -
Will you please give me information of the services of John Carney, who drew a pension for services during the Revolutionary War. I think he served with the Virginia troops and served during the whole of the war.
Respectfully
Miss J. Gertrude Hatch 110 N. Miller Street Jefferson City Mo.