Revolutionary War Pension and Bounty Land Warrant Application File R. 799, James Berry, Va.

SERVICE
NUMBER
Va.
Berry, James Sarah.
R 799
CONTENTS

5946
Sarah Berry of James Kentucky
799

State of Kentucky Madison County Set 3
On this the 22nd day of April 1839 Personally appeared before me Samuel Estell a Justice of the peace for the County of Madison and State aforesaid Sarah Berry a resident of Madison County and State of Kentucky, aged Twenty nine years who being first duly sworn according to law on her oaths make the following declarations in order to obtain the benefit of the provision made by the act of Congress passed July 7-1838 entitled An act granting half pay and pensions to certain widows, That she is the widow of James Berry who was a soldier in the revolution and an invalid pensioner on the roll of the Kentucky agency at the time of his death. She further declares that she was married to said James Berry in the County of Lincoln in the State of Kentucky on the Twenty eighth day of March Seventeen hundred and eighty three (1783) That her husband the aforesaid James Berry died on the twelfth day of February Eighteen hundred and twenty two That she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred and thirty four viz at the time above stated. She further declares she knows of no record of her marriage
Sworn to and subscribed on the day and year above written before me Samuel Estell a Justice of the peace for the County of Madison and State aforesaid. And I certify that Mrs Sarah Berry is a woman of good moral character and a person of truth and veracity and in consequence of old age and bodily infirmity she is unable to attend court Given under my hand the day and year above written
Sarah Berry Samuel Estell J.P.U.C.

The deposition of William Berry taken on this the 22nd day of April 1839 at the residence of Mrs Sarah Berry in Madison County by before me Samuel Estill a Justice of the peace of the County of Madison and State of Kentucky to be used as evidence in favour of the application of Sarah Berry for a pension under the act of Congress passed July 7 1838
Deponent being fifty five years old deposes and saith that he is the Son of James Berry deceased and Sarah Berry whose name was Sarah Grubbs before marriage, That he knew his Father the aforesaid James Berry was a soldier in the Revolution and that he was a pensioner on the roll of the Kentucky agency at the time of his death. And that the aforesaid James Berry died on the twelfth day of February Eighteen hundred and twenty two (1822) And that his Mother the aforesaid Sarah Berry has remained a widow ever since to the present period
Wm Berry
State of Kentucky } set Madison County }
The above deposition was this day sworn to and subscribed by William Berry, before me a Justice of the peace for the County of Madison and State aforesaid And I certify that the said William Berry is a man of good moral character and a person of truth and veracity And I further certify that the word (a widow) interlined in the last line of the deposition was interlined before signed
Given under my hand this 22 nd day of April 1839 Sam l Estill J.P.U.C.
State of Kentucky } set Madison County }
David Grifine Clerk of the Court for Madi- son County, do certify that Samuel Estill Esq r whose name is subscribed to the above certi- ficates is a Justice of the peace for Madison

County & also signed to the first certificate is the same, and that his two signatures are both genuine
In Testimony whereof I have hereunto set my hand & affixed the seal of said Court this 22 d Day of April 1839 David Irvine Clerk Madison County Court
7462 Sarah James of Kentucky
7999

Mrs S. Bury.

State of Kentucky Madison County - S.S.
On this 26 th day of August 1839 personally appeared before me Reuben Moore one of the justices of the Madison County Court aforesaid Sarah Berry a resident of said County aged about seventy eight years, who being first duly sworn according to law do hereby on her oath the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838 entitled "An act granting half pay pensions to certain widows". That she is the widow of James Berry, deceased, who was a soldier of the Revolution - That her said Husband departed this life in the County of Madison aforesaid on the 12. February 1822. That at the time of his death he was an invalid pensioner on account of wounds received while in the Service during the Revolution. His papers in relation to said Pension are the following now in the War Department of the U. States - She further declares that she was married to the said James Berry on the 28 th March 1783 in the bounds of the now County of Madison. by Lewis Craig, a clergyman,

only authorized to solemnize the rights of Matrimony - That Tattow Bundy now residing in Madison County was present at her marriage. That she was not pre married to him prior to his leaving the Service, but the marriage took place previous to the 1 st January Twenty hundred & twenty four. viz, at the time above stated. That she has since married since the death of her said husband the said James Bundy
Sarah her Bundy mark
I have to subscribe on the day & year first before written before me
one of the Justices of the Madison County Court - I certify that in consequence of her great age & bodily infirmity the said Sarah Bundy cannot without inconvenience & risk attend to make her declaration at the Court House in open Court - I further certify that said Sarah is a person of excellent character
Shelby Moore
one of the Justices of the Madison County Court - Pres.

State of Kentucky } ss. Madison County } ss.
This day personally appeared before the Subscribers a justice of the peace for the County aforesaid Jutton Embry a citizen of said County made oath in due form of law, that he was well acquainted with James Berry, deceased since for many years his neighbor - That he died in the County aforesaid according to his last recollection in 1822. leaving Sarah Berry his widow who has since deceased. Since his death - That he was present in the Barnes of the present County of Madison in 1783. In Brink in the mouth of Mays, he saw at that the day of the Battle, when the said James Berry was married to Sarah Grubbs, now his widow Sarah Berry. That they were married by Levin Craig a clergyman -
Jutton Embry
Subscribed & sworn to before me this 26 th day of August 1839 & I certify that said Jutton Embry is a person of high respectability - and a credible person on oath - Reuben Moore J.P.

Pen: Office
360
Aug-26, 1841
Sir The amended declaration and additional testimony in the case of Mrs. Sarah Berry widow of James Berry, did have been ex d . Her husband was an Invalid Pensioner on account of a wound received in an action with the Indians in 1782. He did not perform six months actual service in a military capacity and is a regularly organized corps called out by competent authority, and none who did not perform such service are provided for by the act of 7 June 1832. The claim has consequently been rejected. The rate of pension under the invalid laws is not fixed by the duration of the service, but by the grade in which the service was performed.

and the degree of the disability. Mr. Breck's letter is herewith returned.
Hon. J. White Aug 26. 41 Oc
Hon. J. White, Speaker House of Reps
O.C. ✓ 594 b aut 38

June 6, 1934
XXXXXXXXXXXX
BA-J/REL Q James Berry-R.799
Mrs. B.F. Buckley 152 Forest Avenue Lexington, Kentucky
Dear Madam:
Reference is made to your letter in which you request information in regard to James Berry, a soldier of the Revolutionary War.
A very careful examination has been made of the papers on file in Revolutionary War pension claim, R.799, based upon the military service in that war of James Berry and his disability resulting from that service and his full history is furnished you herein.
The date and place of birth and the names of the parents of James Berry are not shown in the papers in the pension claim.
James Berry enlisted, place not shown, served in Greenbrier County, Virginia, in a company of rangers commanded by Captain Archibald Woods; length of this service not given. In 1779, he moved to Kentucky, enlisted there, served in Captain James Estill's Company and was wounded in an engagement with the Indians in 1782, at Estill's Station which was later in Montgomery County, Kentucky, said engagement called Estill's Defeat. James Berry was shot through the right thigh and eventually lost the use of his right side and the sight of his right eye.
He was allowed pension from September 9, 1809, on account of disability resulting from the above noted wound.
He died February 12, 1832, in Madison County, Kentucky
The soldier married March 28, 1785, in Madison County, Kentucky, Sarah Grubbs. In 1839, Sarah was aged seventy-eight or seventy-nine years and resided in Madison County, Kentucky.
The only name of a child that is given is son William, who, in 1839, was aged fifty-five years and made affidavit in Madison County, Kentucky. There are no further family data.
Very truly yours
A. D. HILLER Assistant to Administrator.

1934-June 6- Hist B Mrs B. F. Buckley-EEF
Ex'r.
INVALID.
NO. 799
Acts of July 14, 1862, and March 3, 1873.
Sarah Perry
P. O. Wick of James
Service:
Printed list of 1852 shows cause of rejection
Enlisted: , 18
"She did not serve" , 18
Discharged: six months in a regularly embodied
Application filed: Corps" , 18
Alleges:
Re-enlisted:
Attorney:
P. O.

Sarah Berry Kentucky Right suspended
Sec 15 Nov 1839 Hon. James Harlan let. No. I. White Act 40
Sec 25 Aug 41 No. I. White.
Act 7 July 1838

7977.
Sarah Berry.

State of Kentucky Madison County Sec,
The day personally appeared before me Christopher Harris a justice of the peace in & for the County of said No. 2222. I am a justice of said County. This is to certify that he is now in his 77 th year - That he came to Kentucky in the Fall 1783 - That he immediately became acquainted with James Berry, deceased, and lived in the Station with him till affiant moved out - said Berry & affiant lived neighboring in the County of Madison till Berry's death. Affiant always understood that said Berry was wounded at White's Defeat in 1782 - Affiant often saw the wound. He was that terrible that though it was remarkably large - the use of that side the right side - He lost entirely the sight of his right eye from the wound & could not shoot afterwards on the right side - He was frail & could never do a full day's work after affiant knew him.

Said Bury married Sarah Grubbs - who is still living in the County of Madison aforesaid and a neighbor to affiant. Said Bury when he died he was an Invalid Pensioner of the United States -
How much in draw affiant does not know.
The widow of said Bury has never married -
Before said Bury came to Kentucky he belonged to a company of Rangers in Green Briar Virginia, commanded by Capt Archibald Woods, whom affiant well knew - said Bury was employed in said company in the service of the States as affiant understood from said Bury & Capt Woods.
Subscribed & sworn to before me this 17 th August 1841 I certify said T. Y. Lewis is a reputable witness and Oath Christopher Harris Of P

State of Kentucky Madison County 3 d Set.
I David Irvine Clerk of the County Court for said County do hereby certify that Reuben Moore and Christopher Harris Elym whose names are severally signed to the within and foregoing Certificates, are now and were at the time of their signing the same, acting Magistrates of said County and Justices of the said County Court, duly commissioned and qualified to act as such.
In Testimony whereof I have here- unto set my hand and Seal of Office at my Office in Richmond this 17 th day of August 1841.
At David Irvine Clerk

The deposition of Tolton Embry taken in the Town of Richmond Ky on this the 13 th day of July 1839 to be used as evidence in favour of the application of Mrs Sarah Berry for a pension under an Act of Congress passed July 7. 1838
Deponent being twenty five years old Deposeth and Saith that he was with acquainted with James Berry dec d and Sarah Berry his surviving widow. That the deponent was at the wedding when the said Berry was married to his now widow Sarah which marriage took place in the then County of Lincoln and State of Kentucky in the Month of March Seventeen hundred and Eighty Three (1783) he knows the said Sarah has remained a widow ever since the death of her Husband the aforesaid James Berry And further Saith not.
Tolton Embry
The deposition of Joel Embry taken at the same time & place who says I am thirty three years old past Deposeth and Saith that I have seen and heard read the deposition of Tolton Embry and am fully of the opinion that it is correct in every particular for in the deponent was also at the wedding of the said James Berry dec d and Sarah his now widow and he is confident the said marriage took place in the Spring of Seventeen hundred and Eighty Three 1783 And further Saith not
Joel Embry mark
State of Kentucky. Madison County Set.
The deposition of Tolton Embry & Joel Embry was this day sworn to and subscribed by them before me Charles I. Fox a Justice of the Peace in the County of Madison and State aforesaid And I certify that the said Tolton Embry & Joel Embry are men of good moral character and persons of truth and veracity
Given from under my hand this 13 th day of July 1839
Charles I. Fox JP

State of Kentucky Madison County ss.
David Irvine Clerk of the Court for the County aforesaid, do hereby certify that Charles S. Foss Esqr. before whom the within Depositions of Salomon Embry & Joel Embry were taken, is an acting Justice of the peace in & for the County of Madison, and that his signature thereto is his genuine signature.
In testimony whereof I have hereunto set My hand & affixed the seal of My office this 13 th day of July 1839.
David Irvine Clerk

State of Kentucky Estill County - Set.
This day personally appeared before William J. Black a justice of the peace in & for the County aforesaid Joseph Proctor a resident of said County aged eighty six years, who being duly sworn States upon oath -
That he came from Virginia to Kentucky in the Spring of 1778 -
That he was well acquainted with James Berry late of the County of Madison, deceased. - That in 1782 said Berry was a private in Capt James Estill's Company & was in the engagement in Kentucky in what has ever since been called Estill's Defeat - Said Berry was wounded in said defeat - I saw him in the engagement shortly after the Battle & saw him bleeding from the wound - The engagement was with the Indians in the now County of Montgomery - Estill was a Capt under the Virginia law & I think State law - Berry resided in the County of Madison till he died - He married Sarah Grubbs.
I cannot state how long since he died - I think Berry came to Ky. in 1779 - He was considered a very clever & correct man - I understand his widow still lives in Madison County. Joseph Proctor

The within foregoing affidavit sub- scribed & sworn to before me - & I further certify that said Proctor is a man of excellent character & a credible witness on oaths - Given under my hand this 12 th day of August - 1841.
William H Clark J. P.
State of Kentucky } Estill County } Set
I Robert Clark Clerk of the Court for the County aforesaid do certify that William H Clark whose name appeared to the foregoing Certificate is now and was at the time of signing the same an acting Justice of the peace in and for the County aforesaid Duly Commissioned and Qualified and that full faith and Credit are due to all his official acts. Given under my hand and seal of office this 13 th day of August 1841
Robt Clark Clerk

58. War Dept. Pensions Office Nov r 5, 1839
The papers in the case of Sarah Berry widow of James Berry dec d have been examined and filed with suspended cases. Her husband was an Invalid pensioner, and on account of wounds received while serving in the Kentucky militia against the Indians. The papers upon which he was pensioned were destroyed at the time the war office was burnt down in 1814. It is not shown at what time very doubtful whether the service performed was during the revolutionary war, and of that character provided for by the act under which the widow claims. If her husband served during the revolutionary war the term of service should be set forth by the claimant in an amended declaration and proved by witnesses from personal knowledge. It should also be stated

at what place he was wounded and the at what time.
Wm. J. Hickson
Nov. 5, 1839
J. E.
Hon. James Harlan Harrodsburg Ken.
5946 acty July 1838

MRS. B. F. BUCKLEY 152 FOREST AVENUE LEXINGTON KENTUCKY
Lexington Ky. May 25-1934
Commissioner of Pensions Washington, D.C.
Dear Sir:
Will you kindly send me a copy of the application of James Berry for service in the Rev. War. He served as a private in the Ky. militia and received a pension from 1809 to his death 1822.
Yours truly (Mrs. B.F.) Corday Lee Buckley 152 Forest Ave. Lexington - Ky.

C O P Y
War Dept. Pen Office Feb.21 1840
Sir:
In answer to the letter of D. Breck, Esq. I have to state that the claim of Mrs. Sarah Berry widow of James Berry dec'd was examined on the 5th Nov. 1839 and a letter of that date a copy of which is herewith enclosed, addressed to Hon. James Harlan stating the objection to the admission of this claim.
* * * * *
Hon. John White H.R.