Revolutionary War Pension and Bounty Land Warrant Application File W. 25,193, Theodore Bates, Mass.

SERVICE
NUMBER
Mass.
Bates, Theodore,
Nov. 25. 193.
Abigail.
B.L. Mt. 3991-160-55.
CONTENTS

State of New York } County of Niagara } ss:
On this fourth day of October in the year one thousand eight hundred and forty seven personally appeared before the County Court, of the County of Niagara, in the State of New York, now sitting at Lockport in the said County of Niagara. Abigail Bates, a resident of Niagara, in said County, aged seventy one 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 of the Acts of Congress, passed June 7. 1832, July 7. 1835. March 3. 1843. June 17. 1844 and the Joint Resolution of August 16. 1842. That she is the Widow of Theodon Bates, who was a soldier in the Revolutionary War, and served as a Drummer - not being personally acquainted with his services, she refers to the accompanying proofs relating thereto. -
She further declares, that she was married to the said Theodon Bates, in Conway, in the State of Massachusetts, in the month of August, in the year 1792. - That her husband the said Theodon Bates, died on the twenty fourth day of October, in the year 1846. at the Shaker Village in Watervliet, in the State of New York, he being a member of that Community, and for that reason, as this Declarant has been informed and believes, never having made application for a pension; - and that she was not married to the said Theodon prior to his leaving the service, but that the marriage took place previous to the first day of January 1794. Viz. at the time above stated, as will more fully appear by reference to the accompanying papers
Sworn to & subscribed On the day & year above written before in open court McVann Non Clerk
Abigail her X Bates mark

Niagara County ss I John Van Horn Clerk of the County 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 Abigail Bates for a pension
In Testimony Whereof I have hereunto set my hand & official seal at Lockport in said County this 4 th day of October 1847
John Van Horn Clerk

June Twenty Ninth Seventeen hundred and ninety two. Marriage is intended between Theodore Bates and Abigail Wheeler both of Conway - Twentieth July Seventeen hundred and ninety two. The above intention has been published as the Law directs. J. O. Root Clerk
Town Clerk's Office in the Town of Conway in the County of Franklin and Commonwealth of Massachusetts.
I James S. Whitney Town Clerk of the town of Conway in the County and State aforesaid. On Oath declare that the foregoing Certificate of Marriage Publication is a true Copy of the original record with the exception of the dates which are expressed on the record in fair legible figures. That - "June 29 th 1792 and 20 th July 1792". And I also further declare that I find no records of Marriages made by Rev John Emerson (who was Minister in Conway at the above date and for several years previous and many years after the above date) and who made (by the records) when returns were made, most of the marriages in said town of Conway between the first of April Seventeen hundred and ninety two and the first of April Seventeen hundred and ninety four - James S. Whitney
State of Massachusetts Franklin County } ss June 16. 1847 Personally appeared James S. Whitney above names and made solemn oath that foregoing affidavit by him subscribed is true. Before me Phineas Bartlett Justice of the Peace

I the subscriber a Justice of the Peace within and for the County of Franklin hereby certify that I am well acquainted with James S. Whitney the within named deponent, that he is the duly elected Clerk of the Lawns of Cambridge and that the deposition made and subscribed by him is entitled to full credit Phineas Bartlett
Commonwealth of Massachusetts.
FRANKLIN SS.
I, Henry Chapman, Clerk of the Judicial Courts of the Commonwealth, for the County of Franklin, do certify, that Phineas Bartlett Esquire, whose signature is affixed to the certificate on the paper hereto annexed, was at the date thereof, one of the Justices of the Peace, within and for said County, duly commissioned, and acting under the authority of this Commonwealth; and that full faith and credit is and ought to be given to his acts and attestations done in that capacity; and that I am acquainted with the hand- writing of the said Phineas Bartlett and believe his signature to said certificate genuine .
In testimony whereof, I have hereunto set my hand and affixed the seal of the Supreme Judicial Court for said Commonwealth, this Sixteen day of June in the year of our Lord one thousand eight hundred and forty seven .
H. Chapman Clerk.

I Lucinda Pike do hereby & say that I was the daughter of Theodore Bates - that I was sixty two years old last December - that I live in what is the County of Worcester & state of Massachusetts - during the years of my minority My father lived in Conway Mass
B Theodore Bates's Bible Bought March the 1 st 1790 Theodore Bates was Born October 11 th 1762. and was Married September 1 st 1785. Molly Bates his Wife was Born April 8 th 1764 and Deceased July 10 th 1789 - Lydia Bates was Born Dec r 1784 and Deceased Nov r 1787 Theodore Bates was Married the second time July 21 st 1792 Abigail Bates his Wife was Born March 11 th 1776 - Theodore Bates Junr was Born April 29 th 1793 Abigail Bates Junr was Born Nov r 8 th 1801
he lived in Conway I made he gave me his Bible which was formerly which I have marked with the letter B marked the same with class formerly lived inerry place I was born, I have was taken from the towns about the year 1800 going to a Shaker Village in Albany - state of New York called shakers where with, during his residence in a visit (I think about Walencheil I never knew the name of Theodore Bates other of the same name not. Lucinda Pike
State of Massachusetts Worcester County ss
Februry 14 1848 then the above named deponent Lucinda Pike after being examined & cautioned did make oaths to the truth of the above affidavit before me & I further say said deponent is a Respectable witness
Oliver Powers Justice Peace

I Lucinda Pike do hereby & say that I was the daughter of Sheadone Bates - that I was sixty two years old last December - that I live in Athol in the County of Worcester & state of Massachusetts - during the years of my minority, My father lived in Conway Mass the most of the time while he lived in Conway I made him a visit & at that time he gave me his Bible which contained a record of My fathers family which I have taken from said Bible & marked with the letter B at the top of the leaf & attached the same with clips to this affidavit - My father formerly lived in Gerry (now Phillipston) - at which place I was born, I have ever understood that Gerry was taken from the towns of Athol & Grafton, about the year 1800 my father moved from Conway to a Shaker Village in Watervliet in the County of Albany state of New York & connected himself with a society called Shakers where he remained until his death, during his residence with the Shakers I made him a visit (I think about ten or twelve years since) at Watervliet I never knew or heard of any person of the name of Sheadone Bates excepting My father & My brother of the same name & further the deponent saith not.
Lucinda Pike
COM. FRITZ. 10. And sold at the Bible Warehouse, Finsbury-Row, London. By W. Jackson and A. Hamilton, Printers to the University. PRINTED AT THE CLARENDON PRESS.
State of Massachusetts Worcester County ss
February 14 1868 then the above named deponent Lucinda Pike after being examined & cautioned did make oath to the truth of the above affidavit before me & I further say said deponent is a Respectable witness
Oliver Powers Justice Peace

I Abel Lamb do Testify & say that I live in Phillipston in the County of Worcester & state of Massachusetts that I was seventy three years of age last March that I have lived in Phillipston formerly Gerry about fifty years & that Previous thereto I lived in Grafton & near the line of the town Phillipston that I well recollect the time when the town which is now Phillipston was Incorporated into a town by the name of Gerry that It was taken in part from the towns of Athol & in part from Grafton - that I was acquainted with William Bates & his family that that the names of his children were Deborah - Mercy - Hannah - Sarah - Issachar - Theodore - Olive - Molly Dolly - Abiah & William - that the above named family lived in that part of the town which was taken from Athol & about one & half miles from my residence - that I was more particularly acquainted with Theodore Bates who also lived in that part of the town which was then Athol - That said Theodore Bates married (as I have always been informed) Molly Shattuck for his first wife by whom he had two children - viz Lucinda & Lydia - that I married Lydia Bates daughter of said Theodore about forty four years ago with whom I now live - That I have often heard my father in Law Theodore Bates speak of his having been a soldier in the Army of the Revolution & I always understood he was in the Army for a considerable length of time that rather in early life said Theodore married his first wife & married for his second wife Abigail Wheeler Sister to Joseph Wheeler who lives (as I have understood) in Conway Massachusetts - That I have even understood & believe that said Theodore has since connected himself with the Society called Shakers in the state of New York with whom he resided until his death carried forward

& I further say it was the general report & belief that said Sheldon was a Saldein in the Revolutionary War for a considerable length of time & further the deponent saith not
Abel Lamb
State of Massachusetts Worcester County ss
February 12 1848 then personally appeared the above named deponent & after being duly concerned & examined did make oath to the truth of the preceding affidavit by him Subscribed before me & I further say that the said deponent Abel Lamb is considered by me & the community as a man of the strictest character for truth & veracity & a credible witness
Oliver Powers Justice Peace
I certify the word "Shattuck" near the middle of the first page was inserted & the word "Whelen" erased by me before the deponent Subscribed the preceding affidavit
Oliver Powers Justice Peace

34921
April 2 nd 33
Act March 3 rd "
Abigail Bates Widow of Theodane Bates Rev
Applicant is now a Pensioner at the Albany Agency under the Act July 3 rd 1848 for the service of her husband
Revolutionary War
Private Mass Troops
Beynton
Adm 100 ac's Aug 21/53
Dodge
3991 cf Aug 22/55
Hiram H Stearns
Niagara Falls
New York
W5
July 48 - no 5930
Vol. Br-4. 8

341871
Abigail Bates
Apportionment or Bounties Land

State of New York } County of Niagara } ss.
On this 24th day of March A.D. one Thousand eight Hundred and fifty five, before Theodore Bates a Justice of the peace of in and for said County & State duly authorized to administer oaths - personally appeared Abigail Bates, who was by me sworn, and the said Abigail Bates did depose & say as follows to wit: I reside in the Town of Niagara County of Niagara & State of New York and have so resided for about ten years, aged 79 years. I am the widow of Theodore Bates who was a private in the Revolutionary war, who is deceased and that since the decease of the said Theodore Bates I have not married and am now the widow of the said Theodore Bates, and that as such widow aforesaid I have received of the Government of the United States Eighty Dollars per annum, on the certificate of which the following is a true copy to wit:
Department of the Interior - Widows Pension I certify that in conformity with the act of Congress February 2 d 1848 Abigail Bates widow of Theodore Bates, who was a private in the Revolutionary war , is inscribed is inscribed on the pension list, at the rate of eighty Dollars per annum, commencing on the 4 th of March 1848, and continuing for life unless she should again marry; in which case the Pension is not payable after the time of such marriage, and the same is endorsed on the back thereof as follows to wit: "Payment to be made at Albany

N.Y. by J. H. Alcott agent for Paying Pensions in Given at the Department of the Interior This 9th day of June one thousand and fifty two — A. H. H. Stuart Secretary of the Interior Examined and countersigned J. E. Strath Commissioner of Pensions!" — and the same is endorsed on the back thereof as follows, to wit:
"Payment to be made at Albany N.Y. by J. H. Alcott agent for Paying Pensioners in the agency of Albany Payable on the 4th of Sept- ember and 4th of March. Recorded in the Pension Office on the Roll of Pensioners under act February 2 d 1848 Page 16 vol. 4 R. McRae Clerk" And this deponent further says that as such widow of the said Theodore Bates I make this declaration for the purpose of obtaining the Bounty Land to which she may be entitled to under the act of Congress, granting bounty land to certain officers and soldiers who have been engaged in military service of the United States Passed March 3 1855, and that this is the first and only app- lication she has made — that she has not applied for, or received, and she believes she is not entitled to receive  according Bounty land, except as above stated. And I hereby affidavit affirm H Stearns of Niagara Falls County of Niagara State of New York my attorney to prosecute this claim and receive my warrant when issued. Sworn to and subscribed before me me the day and year first above written, and I certify that I have
{ Rosalie G. Bates mother no interest in the above claim and am not concerned in its prosecution & that the erasures in the second line on first & first line on 2 d page done before execution also the Theodore H. Steele mother of the said

State of New York } County of Niagara } ss
We Alfred H Russell and Martha Gurtis upon our oath do solemnly swear, declare and say that that the foregoing declaration was signed by Abigail Bates by her making her mark thereto and acknowledged by the said Abigail Bates in our presence and that we believe from appearance and statements of the applicant that she is the identical person that she represents herself to be & that we reside at the town of Niagara in said county & state.
Alfred H Russell Martha Gurtis
The foregoing declaration and affidavit were sworn to and subscribed before me on the 24th day of March A D 1855; and I certify that I know the affiants to be credible persons that the claimant is the person she represents herself to be and that I have no interest in this claim.
Theodore S. Tuttle Justice of the Peace in & for said County & State.
State of New York, } ss.
NIAGARA COUNTY CLERK'S OFFICE.
I Certify that Theodore S. Tuttle
before whom the annexed instrument in writing was proved or acknowledged, was, at the time of taking the same, a Justice of the Peace in and for said county, duly authorized to take the same; and that I am well acquainted with his hand writing, and verily believe the signature to said certificate is genuine; and that the annexed instrument is executed and acknowledged according to the laws of this State.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my official seal, at Lockport, in said County, this Twenty fourth day of March 1855.
H. Robinson Clerk of Niagara County.
By J. Whitney Jr. Deputy Clerk

February 25, 1930.
Hon. Fritz G. Lanham, House of Representatives. My dear Mr Lanham:
In reply to your letter of the 23" instant, requesting information for Miss Marian Booth of 103 West Sixth Street, Fort Worth, Texas, I have the honor to advise you that from the papers in the pension claim, Widow File No. 25,193 , it appears, that Theodore Bates , the son of William Bates, was born October 11, 1762, place not stated. During the Revolution, he lived in that part of Athol, Massachusetts, which in 1786 became a part of the town of Gerry.
He was mustered June 25, 1779, for nine months service, as a Private, in Captain Oliver's Company, Colonel Grout's Massachusetts Regiment; he served as a Private from Athol, from July 3, 1780 to December 16, 1780, names of officers not stated and he also served in the Light Infantry Company of the First Massachusetts Regiment as Private for twelve months and was in that regiment as late as 1783, the dates of enlistment and discharge are not stated.
He married September 1, 1785, Molly Shattuck who died July 10, 1789. Their children were Mrs Lucinda Pike and Lydia, wife

Office note I purposely omitted birth dates of Lucinda & Lydia on account of Lucinda's birth having taken place 3 months after Mar. Dec 1, 1785.
He married July 31, 1793, at Conway, Franklin County, Massachusetts, Abigail Wheeler, who was born March 11, 1776, both of them resided at said Conway. Their children were Theodore born April 29, 1793, Abigail born September 8, 1794, Ansel and Osee, whose dates of birth are not stated.
She says she was 62 in Dec 1847
About 1800 he removed to the Shaker Village in Watervliet, Albany County, New York and died there October 24, 1846, being a member of that community.
His widow Abigail was allowed pension on her application executed October 4, 1847, while residing at Niagara, New York.
Very truly yours,
J. M. Lathrop
Commissioner.

N 37.574
Theodore Bates del NY
act 7 June 1832

I Mary Train of the town of New Lebanon in the county of Columbia and state of New York depose and say that I am sixty one years old, that I formerly resided in Athol, since called Gery and now called Philipstown in the county of Worcester and state of Massachusetts, and that Theodore Bates my Uncle lived with my father at Athol, and removed from Athol to Conway in the county of Franklin, state of Massachusetts when as I was informed he was married to Abigail Wheeler, and that about the year 1800 my fathers family, myself and said Uncle Theodore Bates removed to Watervliet in the county of Albany and state of New York, and that I lived in the same Shaker family at Watervliet with my said Uncle a number of years and while living there I often heard my said Uncle Theodore Bates talk about his being in the war of the Revolution and that I heard him tell of his being enlisted in the said war for several different terms, and the last term for which he enlisted was for the term of three years, which term did not expire until after the close of the Revolutionary War, and that he was one of the soldiers of the Revolution that helped take up the big chain which was fastened across the Hudson River, and I have heard him tell of being a Drummer during some of the time that he was in the said war - and that said Theodore and Abigail Wheeler lived together as husband and wife and had four or five children
Mary Train
State of New York, New Lebanon Dec. 10. 1847
Columbia County ) ss. Personally appeared before the subscriber the above named Mary Train deponent and subscriber and made solemn oath to the truth of the above affidavit, and I hereby certify that I am well acquainted with the said Mary Train and that she is a credible witness ~
Isa Hand Justice of the Peace

Columbia County, } ss. Clerk's Office,
I, Sam Storm
Clerk of the County of Columbia,
Do hereby certify, That Ira Hand Ely before whom the affidavit purports to have been sworn, was on the day of the date of the same, a Justice of the Peace in and for said County. And further, that I am acquainted with the hand writing of the said Justice, and verily believe the name of the said Justice subscribed to the said affidavit, and certificate to be his proper hand writing and signature.
In Testimony whereof, I have hereunto set my name and affixed the Seal of the said County, this 16 day of December 1847
Sam Storm Clerk.
N 37.574
Shawnee Bales NY
act 7 June 1832

I Oliver Train of the town of New Lebanon in the county of Columbia and state of New York depose and say that I am sixty-eight years old that I formerly resided in Athol, since Gery and now called Philipstown in the county of Worcester and state of Massachusetts, and that I resided there until I was fourteen years old, and that Theodore Bates my Uncle resided in my father's family some of the time during my residence in Athol, and that I have often heard my said Uncle Theodore Bates speak of the war of the Revolution while living at Athol, and heard him tell of his being a soldier of the Revolution, and that said Theodore removed from Athol to Conway in the county of Franklin and state of Massachusetts when he was married as I was informed at the time to Abigail Wheeler with whom he lived until they had four or five children, and that Theodore Bates myself and my father's family removed to Waterlootown in the county of Albany and state of New York about the year 1800 and that I resided in the same Shaker family with Theodore Bates a number of years during our stay at Waterlootown and frequently heard him tell of being a soldier in the revolution and stationed some of the time at West Point, and that some of the time he was a Drummer, and that he enlisted the last time for three years which did not expire until after the close of the Revolutionary war, and that he had to stay until after the close of the war to complete his three years enlistment that he helped take up the Big Chain which had been fastened across the River Hudson.
Oliver Train
State of New York Columbia County ss. New Lebanon Dec. 10. 1847. Personally appeared the deponent & subscriber Oliver Train above named and made solemn oath affirmation to the truth of the above affidavit - and I hereby certify that I that he is
Columbia County, } ss. Clerk's Office, }
I Samuel Stern Clerk of the County of Columbia. Do hereby certify, That Isa Hand Esq. before whom the affidavit purports to have been sworn, was on the day of the date of the same, a Justice of the Peace in and for said County. And further, that I am acquainted with the hand writing of the said Justice, and verily believe the name of the said Justice subscribed to the said affidavit, to be his proper hand writing and signature.
In Testimony whereof, I have hereunto set my name and affixed the Seal of the said County, this 16 day of December 1847
Samuel Stern Clerk.

I Oliver Train of the town of New Lebanon in the county of Columbia and state of New York do hereby depose and say that I am sixty-eight years old that I formerly resided in Athol, since Gery and now called Philipstown in the county of Worcester and state of Massachusetts, and that I resided there until I was fourteen years old, and that Theadon Bates my Uncle resided in my father's family some of the time during my residence in Athol, and that I have often heard my said Uncle Theadon Bates speak of the war of the Revolution while living at Athol, and heard him tell of his being a soldier of the Revolution, and that said Theadon removed from Athol to Conway in the county of Franklin and state of Massachusetts when he was married as I was informed at the time to Abigail Wheeler with whom he lived until they had four or five children, and that Theadon Bates myself and my father family removed to Watervliet in the county of Albany and state of New York about the year 1800 and that I resided in the same Shaker family with Theadon Bates a number of years during our stay at Watervliet and frequently heard him tell of being a soldier in the revolution and stationed some of the time at West Point, and that some of the time he was a Drummer, and that he enlisted the last time for three years which did not expire until after the close of the Revolutionary war, and that he had to stay until after the close of the war to complete his three years enlistment that he helped take up the Big Chain which had been fastened across the River Hudson
Oliver Train
State of New York Columbia County ss. New Lebanon Dec. 10, 1847 Personally appeared the deponent & subscriber Oliver Train above named and made solemn oath affirmation to the truth of the above affidavit - and I hereby certify that I am well acquainted with the said Oliver Train and that he is as I verily believe a credible witness -
Ira Hand Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston:
November 26 th 1821.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Theodore Bates is borne upon a List of 9 Months men, mustered June 25 1777, as a private of Athol, in Capt. Oliver's Company, Col. Groot's Regt. — time of his discharge not given.
Upon a Pay Roll of the 6 Months Men of the town of Athol, as a private from July 2 to December 15 1777, including allowance of 8 days for travel, 5 Months and 22 days. — Upon a Descriptive list of the Seventh division of 6 months men raised to reinforce the Continental Army, as of Athol 18 years of age & 5 feet high.
The name of the town of Gerry was changed to that of Phillipston in 1844 as appears from a map of Massachusetts in this office. Phillipston adjoins Athol. — Name not found as a drummer. The preceding is all the evidence of service of any one of the name, shown by the military records in this Office.
412.60 408.60

State of New York. County of Niagara. Town of Niagara.
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office, of the service of my husband Theodore Bates, in the War of the Revolution.
He enlisted, or entered the service, from the town of Gerry, in the County of Worcester, and State of Massachusetts, in or about the year 1780, as a Drummer in the company commanded by Captain in the Massachusetts Regiment and served as follows, viz: - from the abovementioned period, for and during the term of three years.
I am now seventy one years old, and my memory does not enable me to state my husband's services more fully than above stated.
And I do hereby constitute and appoint, Eli Haintve of Lee, in the County of Berkshire, and State of Massachusetts, my Attorney to act for me in the premises.
Witness my hand this 18 day of September in the year 1847.
Signed by said Abigail Bates } in my presence. } Alfred W. Allen Justice } of the peace for said County }
Abigail her + Bates mark

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

Joseph Wheeler of Canway in the County of Franklin and Commonwealth of Massachusetts of the age of Sixty Nine years in February last past depose and say, that I am Brother to Abigail Wheeler the widow of Theodore Bates, that I removed with my Father and family from the town of Gerry (now the town of Phillipstown in the County of Worcester) in the year 1792, that subsequently and in the same year either in the month of July or August my said Sister Abigail Wheeler was married to the said Theodore Bates as I was informed, though not personally present at the time of their marriage, that they came at the time of their marriage into my Father's family and lived together as husband and wife, and that while living in said Canway they had a family of children four in number whose names were Theodore; Abigail Ansel (who died young) and Bess and further deponent saith not.
Joseph Wheeler
Dated at Canway aforesaid this
State of Massachusetts } County of Franklin } 33. and town of Canway
June 16. 1847. Personally appeared Joseph Wheeler above named and made solemn Oath, that the foregoing deposition by him subscribed is true. Before me Phineas Bartlett Justice of the Peace
I the subscriber a justice of the peace within and for the County of Franklin hereby certify that I am personally and well acquainted with the above named Joseph Wheeler having resided in Canway with him many years, that he sustains a good character for truth and veracity and that his statement is entitled to full credit
Phineas Bartlett

State of New York Albany city & County Surrogate's Office p: J. Lewis Benedict Jr
Surrogate of the county of Albany do hereby certify that satisfactory evidence has been exhibited to me that Theodore Bates died at Watervliet in said County on the twenty fourth day of October A.D. 1846 aged Eighty four years & nineteen days and that he left a widow whose name is Abigail Bates, a resident of the town of Niagara in the county of Niagara and State aforesaid.
In Witness whereof I have hereunto set my hand and affixed my seal of Office this fourteenth day of December A.D. 1847
J. Lewis Benedict Jr Surrogate

State of New York Albany County ss.
David Train of the Town of Watervliet in the County of Albany in the State of New York being sworn deposes and says that he was seventy one years of age on the 19 th day of May last, that he was born in Templeton County of Wooster & State of Massachusetts, that soon after deponent was born his father removed to Athol in said County of Wooster where deponent resided until he was sixteen years old.
That the parts of Templeton & Athol in which the father of deponent resided, were afterwards set off and a new town formed which was called Gerry.
That deponents Mothers name was Hannah Bates, and Sister of Theodore, Noah, Mercy, Sarah, Issachar, Olive, Molly, Dolly Caleb and William Bates. That Theodore Bates deponents Uncle resided with the father of the deponent while he was living in that part of Athol which was afterwards called Gerry, for some time, at different times during his deponents residence in Athol aforesaid.
That deponent recollects distinctly of his Uncle Theodore Bates returning home from the War of the revolution, and of his relating facts and Circumstances in relation to his service, and one in particular, that he did not get home as soon as others, who had enlisted for during the War. That he has heard his uncle Theodore Bates say that the last employment he had in the service was in taking up the great Chain at West Point in the Hudson river, and that he has frequently

heard him speak of the execution of Major Andre & the desertion of Genl B. Arnold, and that he was present at the execution of Major Andre, and was a soldier in the American Army at that time & place
And that deponent, his father & Uncle J. Bates removed to Watervliet in the County of Albany State of New York in the year 1801; That deponent resided with said Theodore Bates in the same Shaker Settlement, and about one half of the time in the same family until his death.
And deponent further saith that all the brothers and Sisters of the said Theodore Bates are dead.
Subscribed & sworn before me this 19 th day of January 1849
David Train
J. B. Knoughtaling justice of the Peace
David Train's Deposition
Albany County, ss.
I hereby certify that I am personally acquainted with David Train who made the above affidavit, that he is a respectable inhabitant of the town of Watervliet in said County and his declarations entitled to full credit.
J. B. Knoughtaling justice of the Peace
State of New-York, CITY AND COUNTY OF ALBANY, CLERK'S OFFICE, } ss.
I, L. Van Deusen Clerk of the City and County of Albany aforesaid, DO HEREBY CERTIFY, that J. B. Knoughtaling was on the day of the date of the annexed Affidavit and Certificate, a Justice of the Peace in and for said County, duly appointed and sworn, and that the signatures to the Jurat of said Affidavit and to the said Certificate, purporting to be his, are genuine.
In Testimony Whereof, I have hereunto set my name, and affixed the seal of the said County, this 19 th day of January 1849
L. Van Deusen Clerk.

I Joby Ward do testify & say that I was eighty one years old last November that I live in Athol in the County of Worcester & state of Massachusetts that I lived in Athol at the time of the Revolutionary War. That my Brother Alpheus Ward kept a public house in Athol at the time of Revolution & during the War, That I was acquainted with Theodore Bates who then lived in Athol but in that part of the town which was since incorporated into a town of the name of Gerry which has also been changed to Phillipston - that the soldiers occasionally met at my Brothers public house, I recollect said Theodore Bates having been with the soldiers - that he was a musician & I think was a drummer - or used a drum or fife at that time - & it is my opinion & belief that he served as a Soldier in the Army for a consid- -erable length of time. I further say that I never heard or knew of any other person of the name of Theodore Bates excepting the person above named
Joby Ward
State of Massachusetts Worcester County ss
Joby 14 - 1844 personally appeared the above named deponent Joby Ward and after being examined & caution- ed - did swear to the truth of the above affidavit by him. Subscribed before me - & I further say I have been acquainted with said deponent for fifty years & he is a man of truth & veracity, & a reliable witness. Oliver Powers Justice Peace

I Frank Bates do testify & say that I was sixtyfive years old last May that I live in Greenfield in the County of Franklin & State of Massachusetts - that I am a Son of Noah Bates late of Phillipston deceased - that my father Noah Bates was a son of William Bates late of Gery now Phillipston & in that that part of the town taken from that that my father had four Brothers viz Issacher - Theodore - Caleb & William - that my father was the oldest Son in the family - have often heard my father - state the facts of his having been a Soldier in the Revolutionary War - that he was out at one time nine months & served at other periods the length of which I do not recollect but always understood that he served as a Soldier for a considerable length of time - he was a pensioner of the United States I have always understood that his Brother Theodore Bates enlisted with him first for nine months & afterwards served in the Army the several periods that my father did - that said Theodore served the nine months of his first enlistment & other periods of considerable length of time & I further say that I never knew or heard of any person of the name of Theodore Bates excepting the one above named & further the deponent saith not Frank Bates

State of Massachusetts Worcester County ss
Feb 12 1848 then personally appeared Frank Bates the Within deponent & after being duly examined & cautioned - did make oath to the truth of the Within Affidavit before me & I have been acquainted with said deponent for fifty years consider him a competent witness - I further certify the word "served" which is interlined above the fifth line from the bottom was made by me before said deponent signed his name
Oliver Powney Justice Peace

I Lydia Lamb do testify & say that I am sixty years of age - am the wife of Abel Lamb live in Phillipston Massachusetts - that I was the daughter of Theodore Bates former oferry man Phillipston - that my mother died when I was quite young - that my father Theodore Bates afterwards married to Abigail Wheeler - that my father in company with my step mother who was then his wife visited me after their marriage that my father as I have ever understood & believed connected himself with the Society called Shakers, in the state of New York where he remained until his death further the deponent saith not
Lydia Lamb
State of Massachusetts Worcester County ss
Feb 12 - 1848 then the above named deponent Lydia Lamb after being cautioned & examined did make oath to the truth of the above affidavit by her subscribed before me & I further certify I have been acquainted with said deponent for fifty years & she is considered by me & the public as a person of truth & veracity & a credible witness
Oliver Powers Justice Peace

I Isaac Stevens of Athol in the County of Worcester & State of Massachusetts on oath declare & say that I am the Town Clerk of said Town of Athol & have the custody of all the records of said Town, that I have made diligent search of said Records kept during the period of the war of the Revolution to wit, from the year 1774 to the year 1784, with a view to ascertain the names of the persons then belonging to said Town who were engaged in the Military Service in the war of the Revolution; & although I find many votes recorded as passed by the Town for the purpose of raising money to defray the expenses of the soldiers raised in the Town, I do not find any record of the payment of money to any person or persons whose name or names are designated as being in the Military Service of the Country, during that period, except that at meeting the Town held March 9 th 1778 a Report was made to Town by which it appeared that the Treasurer had paid "To Aaron Marble £15: 13: 6: 0 as a continental Soldier" "To Stephen Crosby £25: 2: 11: 0 a Continental Soldier"

And I have also examined the files of Papers in this office and find none which relate to or contain the name or names of any person or persons engaged as officers or privates in the army of the Revolution and I am fully satisfied that no records or papers other than those before named can be found in this office -
And I further say that in the year 1786 the Easterly part of Athol with a part of the Town of Templeton were incorporated into a town by the name of Gerry & that in the year 1814 the name of the town of Gerry was changed to that of Phillipston
Isaac Stevens
Commonwealth of Massachusetts Worcester County ss February 14 th A D 1864
Then personally appeared the above named Isaac Stevens and made oath the above written statement by him subscribed is true and I hereby certify that I am acquainted with the above named Isaac Stevens the deponent and that he is a credible witness
Before me Oliver Powers Justice Peace

33.025
New York at Theodore Bates deed.
of in the State of who was a Private in the commanded by Captain of the commanded by in the time for
Revolution
Inscribed on the Roll of Albany at the rate of 80 Dollars Cents per annum, to commencing the 4th day of March, 1831. Ending Dec. 31. 1846
Certificate of Pension issued the 9. day of June 1852 and sent to Henry L. P. Huld
Arrears to the 4th of Pension allowance ending Present.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by R M c Rae Clerk, Book 2 Vol. 4 Page 9.

2 New York ct Hesiquil Bates widow of Theodore who was a private in the Revolution
Inscribed on the Roll at the rate of 80 Dollars Cents per annum, to commence on the 24th day of March, 1843. October 1846
Certificate of Pension issued the 9 th day of June 1852 and sent to Hon. S. P. Waldo Post.
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book ct Vol. 2 — Page 261.

I William S. Tucker of Lanes in the County of Berkshire Commonwealth of Massachusetts of Lawful age do testify and say that upon an examination of the Pay Rolls and other Books in the hand writing of Azariah Egleston late of said Lanes deceased, who was a "paymaster & Agent" in the First Massachusetts Regiment in the Revolutionary War, that I find in the Pay Roll of said Massachusetts Regiment for the year 1783. in a Company called the Light Company the following entry under the following heads. Pay per month Amount of Pay Balance due
   Names, Rank Time of Service dolls. 90. dolls. 90. dolls. 90.     Samuel Jones Sergt. Mr. d. 6. 60. 53. 30. 53. 30.  
Upon this Book it appears that Samuel Jones was a Sergeant in said Company and Joseph Ray, Corporal.
The aforesaid Books were left in the posses- sion of my father, the late Joseph Tucker Esq. deceased, many years ago by the said Azariah Egleston, and were in his possession at the time of his decease They are now in my possession & the possession of George J. Tucker as Executor of the Will of said Joseph Tucker.
I was well acquainted with said Egleston he was a relative, I think Cousin of my said father, and recollect his hand writing.
On the Clothing Book of the year 1783. his name also appears as having received Clothing. Said Books have been in the possession of said Joseph & his Executors since and

prior to said Egleston's decease, except they were once sent to the Pension Office in Washington and returned.
It also appears from another of said Books showing among other things how much pay certain Soldiers had received in Specie, and how much in R. Morris Notes that Cushing was Captain of said Light Company in 1783. —
and further I say not William S. Tucker
Pittsfield, June May 26, 1848.
Then the above named William S. Tucker came before me and made oath to the truth of the foregoing Affidavit by him subscribed and I certify that I am well acquainted with said William S. Tucker & know him to be a man of truth & veracity and a credible witness
Charles Sedgwick
Just of Peace
Berkshire. I Charles Sedgwick whose name is above subscribed Clerk of the Supreme Judicial Court for the County of Berkshire do certify that said Sedgwick is a Justice of the Peace for said County & I further certify that the Books shown to me as the Books of the late Zarah Egleston referred to in the above affidavit contain the entries above stated - that they are correctly stated in said affidavit. In presence of I have hereunto set my hand & affixed the seal of said Court this 26 th day of May 1848 Charles Sedgwick

Commonwealth of Massachusetts.
Worcester County, ss.
I, Charles W. Hartshorn , Clerk of the Judicial Courts for the County and Commonwealth aforesaid, do hereby certify, That Oliver Powers , on the twelfth day of February last was, and ever since has been, Justice of the Peace in and for said County, duly commissioned and qualified; and that his signature to the certificate, on the deposition of Lucinda Pike, Abel Spamb, Jabez Ward, Frank Bates, Lydia Spamb, and Isaac Stevens , six in all, and hereunto annexed, is genuine.
GIVEN under my hand, and the seal of said County, this thirty first day of May in the year one thousand eight hundred and forty-eight.
Chas. W. Hartshorn Clerk.

Rev  WIDOW, &c.
1920 Feb. 25. Heir. to and Hon. Fritz G. Lanham 1920 Nov. 3. Heir. to Mrs. W.P. Bowdry. and
File No. 25193
Abigail Bates Widow of Theodore Bates Brn Rev. Mr.
Act: Feb 2nd 1848
Index:—Vol. A , Page 41
[Arrangement of 1870.]

Abigail Dats, widow of Theodore Dats, -
Declaration made October 4, 1847, under acts of 1832, 1838, 1843 1844 & Res. of 1842. -
Claims to have been married in August 1792
Her husband died October 24, 1846. - He went and joined the Shakers in 1808, and from principle would not claim a pension.
Proof of Marriage. -
Record of publication of Banns under date of June 29, 1792. Found among Family Record of the marriage, proved by Lucinda Pils the daughter of Theodore Dats by a former marriage, date of actual marriage
July 21, 1792, - also much traditional evidence. -
Death of Theodore Dats,
Proved by the Record of the Surrogate for Albany City and County to have happened October 24, 1846, and that he left a widow Abigail Dats a resident of the town and County of Rensselaer - also found that Dats was when he died 84 years 19 days old.
Proof that this Theodore Dats, was the same man that married in Connecticut See disproofs of Mary Train (Niece,) who traces him from Athol to Watervliet N.Y. - also of
Oliver Train to the same facts. - also other disproofs to same facts.

Proof of service. Record evidence -
Certificate of the Secretary of Mass.
Theodore Dats is born upon a List of 9 months men of Attleboro in Capt. Oliver Co. 6th. Grafts Regt. time of discharge not given. - Upon a pay roll of six months men of the town of Attleboro as a private from July 2 d to Dec. 15. 1780, including allowance of 8 days for home, 5 mo. & 22 days. Upon a description list of the 7 th division of 6 mo. men raised to reinforce the Continental Army, as of Attleboro 18 years of age & 5 feet high.
Now is this the same man that died at Watrous, -
His age proves this conclusively. - He was 18 years old from July 2. to Dec. 15. 1780. - of course he must have been born in 1762. -
He died in October 1846 - aged 84 years. - This would make him born in 1762. - All the descriptions support the same point.
There is some variance in the descriptions as to the name of the town in which Dats lived. But this is easily reconciled, when it is remembered that the territory on which he was born has frequently changed names. - There was no town of Gery before 1786, and that town is now changed to Attleboro  Philliston Gery was formed in from Attleboro & Farmington. Dats must have lived in the part taken from Attleboro, afterwards Gery, now Philliston which accounts for the variety of names. -
Besides the above record of 14 months and 22 days, Theodore Dats was a private in the Light Infantry in 1783. -
Proof his name is in the roll for 16 months service. -
In the original Book of record preserved by Desperdition of William S. Shurtleff, to be seen. -
Mary Gair observes that she heard her uncle say that during his last service at the close of the war he was in the Light Infantry, Desperdition date July 13. 1850

Many of the witnesses speak of his leaving at the close of the war and as having heard him say that his last work was to take up a chain cable at Wat Point, —
From these facts I respectfully submit that he must have been the man in the cable, copies of which are in the case, and that he served in all 26 months and 22 days —
Objections made in the letter of J. S. Evans to the Galtin April 10, '57
1. Testimony evidence does not correspond with the record. —
Be it so, and in this case the record evidence must control.
He is spoken of as a drummer, Well, he might have been after the war and this might have induced the witnesses to have supposed he served in the war, — But whether so or not they say he was in the war, as the record shows, —
2. It is said he last enlisted for three years,
This may have been true & yet his service have been but one year in consequence of the end of the war. If he enlisted for three years, and served one, and the war ended, he certainly ought to have the benefit of one year service, —
3. The original Book Record of the Light Company not exhibited. —
The Book is now here, —
The reason this case has not been presented before is, that Theodore Datis Tread Staker in 1800, and of course could not receive a pension, His wife on his becoming a widow certainly has a right to apply if her husband would not and did apply within one year after her right accrued, —

I Mary Train of New Lebanon in the county of Columbia and State of New York, being duly sworn according to law depose and say that I am sixty three years old - that I am a niece of Theodore Bates formerly of Athol in the county of Worcester and State of Massachusetts, deceased, That I formerly resided with the family of Shakers so called, at Watervliet in the State of New York - that the said Theodore resided at the same time in the same Shaker family - that I have often heard my uncle the said Theodore converse about his services in the War of the Revolution - that I have heard the said Theodore mention the names of several persons who was in the same service with him - that I distinctly remember hearing him say that he was in the same company with one John Pike - that I remember hearing him mention the names of some of the Officers under which he served, that one of said Officers was an Oliver, and one was a Pettengill but I can not tell their rank - that I have heard him mention one Jewitt who was a fife in the same company with himself - that I am very confident that I have heard the said Theodore say that during his last service, at the close of the War he was in the Light Infantry.
The word "resided" interlined below seventh line } before signing.
her Mary X Train mark
State of New York } Columbia County } ss. New Lebanon February 13, 1850. Personally appeared before me
Mary Train the above named deponent and subscribed and made solemn oath to truth of the above affidavit and I hereby certify that I am well acquainted with the said Mary Train and she is a credible witness, and subscribes by mark because she has broken her right arm.
Allen S. Wheeler Justice of the Peace

STATE OF NEW-YORK, COLUMBIA COUNTY CLERK'S OFFICE. } ss.
I, JOHN R. CURRIE, Clerk of the County of Columbia, do hereby certify, That Allen S. Wheeler whose name is subscribed to the certificate of proof or acknowledgment of the annexed instrument, was, at the time of taking such proof or acknowledgment, one of the Justices of the Peace of the County of Columbia, dwelling in said County; duly authorized to take the same, and that I am well acquainted with the hand writing of the said Allen S. Wheeler and verily believe that the signature to the said certificate of proof or acknowledgment is genuine. And that said instrument is executed and acknowledged according to the laws of the State of New-York.
IN TESTIMONY WHEREOF, I have hereunto set my name, and affixed the seal of said County, this 15th day of September A. D. 1850 John R. Currie Clerk.
Mary Currie

N 13.526 Abigail Raby NY At Wash Pickett Jan'y 7 th '48 At P. Jan'y 27 th '68 At to Vane Jan'y 21 st '48 At to Vane Sept. 25 th '48 to Vane Dec 26 th '49 At C. Oct 11 th 1867- at 7 July 1838

3991
S
Neo Amos

No. 34.971
ACT OF MARCH 3, 1855.
Received April 2nd, 1855
Abigail Bates wid. of Theodore Bates private Mass. troops Rev. War
Warrant 2991-160-55
Hiram H. Stearns
Niagara Falls New York.

Brief in the case of Theodon v Abigail Dales, Nagara County and State of New York act) 7 June 1832, 17 June '44 Ve
Claim, ("original," or "for increase." )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Record evidence of service and proof the publication of the Banns of marriage & traditional testimony of marriage.
The original rolls for 12 mos service were exhibited to me by Hon Mr Waldo. (If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent Hon L P Waldo Present
J. Cole Examining Clerk.

Julius Rockwell

Home of Reference Letters
June 15. 1848
J. L. Edwards Esq Commissioner of Pensions Sir
At request of Mr Eli Taintor of the town of Lee, Mass'ts, I forward to you the enclosed additional papers in aid of the application of Abigail Bates of Newburgh, N. Y. which it is hoped supply the deficiencies not in the evidence pointed out in your letter to me of Jan y 7. last.
Very respectfully
Your obedient servant
Julius Rockwell

Julius Norckwill

Pittsfield (Mass) Aug 26. 1848 J. L. Edmonds Esq Commissioner of Pensions Sir
In the case of the application of Abigail Bates, I beg leave to request you to examine the argument Enclosed. It is one of those cases in which I feel justified in asking your renewed attention. -
I would ask also that the records in your Department may be examined in relation to further service, as stated in the last paragraph of the enclosed argument; that the applicant may have the benefit of such evidence to secure her pension. -
Yours very respectfully. Julius Rockwell.

Lee Jan. 17. 1848
Dear Sir
I enclose a letter of Geo. J. Tucker and of J. S. Edwards and also a Copy of the Certificate of the Sec. y of State of Mass. in the pension Case of Abigail Bates, the Widow of Theodore Bates, decd. for the pension due said Bates. and too herself from the date of his death. You will see by examining the Sec. y Certificate and Mr. Edwards letter that Mr. Edwards has mistated the Sec. y Certificate. The Commissioner states that the Sec. y Certificate that the memory of Theodore Bates of Athol, is found on a Descriptive list of Nine Months Men in 1779, &c. please look at the Certificate and you will see the mistake, that said Bates was a drummer in the War is a traditional report and I believe he must have been a drummer some part of the time in the War,
You will see it will be necessary in this case to have the records in the War Office examined to show what service he rendered after the 1 st of Jan. y 1781, it may be that he served as drummer after that period, It is important that Mr. Edwards accept her Pardonation it will require considerable time and expense to get another authenticated. I wish you to pay your personal

Attention to it and let me know what Declaration she will except, for it is of great consequence to the widow and is impossible for her to state the names of all the officers under whom her husband served,
I wish you to pay attention to it the earliest - convenient time
please send some good speeches if convenient Yours &c.
Eli Taintor
Hon. Julius Rockwell
Eli Taintor to Julius Rockwell

No 13536 Abigail Paton mo of Theodore NY act 7 July 1838 Mamma, 1779

Home of Representing Dec r 27. 1847
J. L. Edmunds Esq Comm ee of Pensions Sir
At the request of Mr. Eli Taintor I transmit the enclosed papers, to sustain the accompanying Declaration of Mrs. Abigail Bates of Niagara, Niagara County, New York - You will see by the Certificate enclosed of the Secretary of State of Massachusetts, that it does not show two years service; and as there are no Rolls in Boston after 1780; it is necessary to request you to examine the Records in your office, for it is reported & firmly believed that said Bates served to the end of the war.
Very respectfully, your obedient servant Julius Rockwell

Widow of
Theodore Brels Julius Norfeville to J. L. Edward

Pittsfield (Mass) March 17. 1869
J. L. Edmonds Esq Commissioner of Pensions
Sir
In the case of the application of Mrs Bates of Mayene in the State of New York Widow of Theodore Bates, enlisted from Attica, I send at the request of Eli Benton Esq, an additional paper, viz - the deposition of David Treadwell tending to show his service, continuing to the end of the war. It is hoped that this in connection with the evidence in the case in connection with the records in your office will give a full pension. That he served eight months in 1783. Then it is proved by the certificate of the Secretary of War that he served 5 months and 22 days in 1780, as one of the 6 months men; making 13 months and 22 days. As he enlisted for 3 years & served till the close of the war, it is hoped the records in your department, will show a longer service under the 3 years enlistment. It does not seem to be possible at present to get any further evidence of the time of his service, under the nine months enlistment. We hope the certificate may come founded on the time which you may find satisfactorily proved.
Very respectfully your obedient servant Julius Rockwell

No 37574 Theodor Bates, dec d
MS act 7 June 1830.
Adm rs 2 yrs term f or 80 for annuity, comg 11 March 1831. & term g 24 Oct 1841. payable to his widow, Abigail Bates
Albany
Wm L P Mallet High Mixer.

No. 770
Abigail Bates, widow of Theodore N.Y.
Act 17 June 1844
Married 1792
His decease 24 Oct 1846.
Adm d 2 yrs for $80 per annum, Comg 24 Oct 1846.
also Act 2 Feb 1848.
Albany
Hon L P Waldo High P N.Y.

Abijah Collins
Power of Attorney to
Lucas P. Wolcott

Know all men by these presents that I Abijah Coatlin of the Town of Haverinton County of Litchfield and State of Connecticut do hereby Substitute and empower Lovin P Waldo as an Attorney in the application of Abigail Bates widow of Theodore Bates for a pension of under the Act of 7 th July 1838 & acts continuing and in allocation thereof with full power & authority to do and perform any and all acts in the premises in as full and ample a manner as I myself might do by virtue of any power of Attorney now on file at the Pension Office Washington City Haverinton Feby 25 1852 Abijah Coatlin
State of Connecticut
County of Hartford } 26 Feby 1852
Personally appeared Abijah Coatlin Sevier & Seal of the foregoing instrument & acknowledged the same to be his free act & deed before me
Richard D Hubbard Justice of the Peace

Abijah Collins agent Letter

Washington D.C. 23 rd Decr 1880
Hon Jas. E. Heath.
Sir
In the suspended case of Abigail Bates widow of Theodore Bates applicant on Myrah's rgl for a pension due under acts of June 7 1832 July 1838 etc I am the authorized Attorney as will appear by power on file & I herewith file additional evidence.
The marriage is admitted, the objections to the allowance of the claim - are two want of identity & the period of service
In her application to the Sec'y of State of Mass the said her husband enlisted from the town of Gerry The record shews a man by the same name from the town of Athol to have performed two tours of service one in 1779 the other in 1780, apparently a material discrepancy - This objection however is removed by the proved facts, that during the revolution there was in point of fact no such town as Gerry, but that it Gerry in 1786 was formed from the adjoining towns of Templeton & Athol & that her husband lived in that part of the town of Gerry that was taken from Athol
Applicant belonged to and was married in the town of Conway  Gerry she came to live in Gerry with her husband. She knew of no other towns, than Gerry My belief is that under the circumstances the

story of the applicant is more reliable reliable & less liable to suspicion than if she had formally stated that her husband had enlisted from Athol then afterwards being now Philipston. If she had so stated the suspicion would arise at once that she spoke from the record not recollection .
Indeed in the last letter from the department it is admitted virtually that if the fact be as claimed much of the objection is removed - we think the fact is proved if not, let the department make that objection specifically & we can meet it with adequate proof.
Again it is said that the length of the service in 1879 should be proved. We say that until the contrary appears it is proved for if the company & reg't is named, and we claim that unless discredited by wills of that Co & Reg't the legal presumption is that the service was rendered for the time for which it was commenced .
The additional evidence filed relates to the last alleged service at the close of the war.
It is conceded to be important not so only as showing 12 Months service but as proving & corroborating the story of the widow app and all the witnesses that this last service was rendered by her husband as a on an enlistment volunteer for three years.
For it is obvious that having received clothing for a year, his service must have been for an

equivalent period
We think also the proof in file of identity has been overlooked as to this last service
David Hain & Oliver Hain testify to facts that in their own knowledge showing identity. This is corroborated by all the traditional evidence in the case
A reexamination of the case I think will bring the mind to the opinion that the case ought to be allowed and has been too long delayed
Yours respectfully Abijah Watin
Wadsworth
Schuyler Co
The claim for arrears due the husband is good although the husband survived the act of July 7 1838 & by the time this case can be acted on she will probably be entitled in her own right
A.C.

I William S. Tucker of Lenox in the County of Berkshire Commonwealth of Massachusetts of lawful age do hereby testify that upon an examination of the Pay and other Books in the hand writing of Azariah Egleston late of said Lenox deceased who was a Paymaster and Agent in the First Massachusetts Regiment in the Revolutionary War, I find on the pay roll of said Massachusetts Regiment for the year 1783, in a Company called the "Light Company" the following entry under Clothing - "Time of Service and amt. Clothing Allowed"
Theodore Bates
  M.  D.  cts    12  ..  34 -  
The aforesaid Books were left in the possession of my father the late Joseph Tucker Esq deceased many years ago by the said Azariah Egleston and were in his possession at the time of his death, they are now in my possession & the possession of George Tucker Executors of the last Will of the said Jos. Tucker. I was well acquainted with said Egleston he was a relative of my said father, & I recollect his hand writing -
Some two years since I gave my Deposition in this case, but omitted to state, as I believe, the above facts.
Berkshire ss. - Sworn to & subscribed Nov. 22 d 1850. before me & I certify that the s d Wm. S. Tucker is known to me to be a credible Witness.
Wm. S. Tucker
Geo. S. Tucker, Executor of the last Will.

Commonwealth of Massachusetts Berkshire
I Charles Sedgwick Clerk of the Judicial Courts of the Commonwealth for the County of Berkshire do certify that George J. Tucker Esq. is one of the Justices of the Peace in & for said County, duly commissioned & qualified, and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand & affixed the Seal of the Court of Common Pleas at Lenox this 22 nd day of November 1850. Charles Sedgwick (J.C.P.)
Wm. L. Tucker's Deposition

Niagara Co. N.Y. 1855 Abigail mrs of Theodore Bates

I know all men by these presents that I Abigail Bates of Niagara in the county of Niagara and State of New York have appointed and by these presents do constitute and appoint Abijah Catlin of the State of Connecticut my true and lawful attorney for me and in my name to make application at the Pension Office at Washington for arrear of pension which I claim to be due me for the services of my late husband Theodon Bates deceased in the Revolutionary War.
And I hereby grant full power to my said Attorney to act for me in the said premises, and hereby revoking all former powers by me granted.
In witness whereof I have hereunto set my hand and seal this 8 th day of November 1850.
In presence of Erving Vaintor Theodore S. Mullett
her Abigail X Bates mark
State of New York County of Niagara ss.
Be it known that on the eighth day of November in the year 1850 before me Theodore S. Mullett a justice of the Peace in and for said county personally appeared Abigail Bates above named and acknowledged the foregoing power of attorney her act and deed.
In testimony whereof, I have hereunto set my hand in the day and year last above written
Theodore S. Mullett Justice of the Peace

Eli Lainters legamus in unid Abigail Bates

In the matter of the Application of Mrs. Abigail Bates for a pension on account of the Revolutionary Services of her late Husband Theodore Bates, deceased. The said Abigail Bates is not satisfied with the conclusions, to which the Commissioner of Pensions has come, as the same are communicated in his letters of Jan'y 4, 1848. - Jan'y 24 th 1848, & June 20, 1848. and unless these conclusions can be revised by him. She claims an Appeal to the Sec'y at War, and states her reasons of Appeal as follows. —
The Commissioner of Pensions in his letter of January 4, 1848, says, that "She is bound to fulfill all the obligations the rules (under act of 7. June 1832) would be imposed upon him". — Upon referring to those rules, it will appear that they were intended to apply to the Soldiers who performed the services, and that it is in many respects, impossible for the Widows to comply with them. — The next objection stated in that letter is, that, "in her application to the Secretary of the State of Massachusetts for evidence of her husband's service, Mrs. Bates alleged he entered the service in 1780, from the town of Grey as a drummer and continued to serve until the conclusion of the war. That office certifies that Theodore Bates of Athol is found upon a descriptive list of nine months men in 1779, and also on the Roll of Six months men in 1780, and credited with five months twenty two days service as a private. —

but as Claimants Husband belonged to a different Town, and as she states was a drummer, before he can be allowed for the service from Athol, clear and direct proof identifying that Solomon with her Husband, will be required. — The date of her marriage is established satisfactorily .
The proof furnished in this case removes entirely the objection that her Husband belonged to a different Town, from certificate of the Theodore Bates referred to in the of the Secretary of the State of Massachusetts. — Her Husband lived in that part of Athol which in 1786, was included in the Town of Grey, then incorporated. — So that the Certificate of the Secretary thus far applies to her Husband. — and to him only, as the evidence shows that no other person of that name ( except this one ) is now known to have ever lived in Athol, & the Searcy certifies that no other person of that name is found on the Military Records. — Mrs Bates claims that the Secretary's Certificate, in connection with the other evidence furnished by her, proves conclusively that the person (Theodore Bates) who served as the record shows, was her Husband. — As to the objection, that in her application to the Secretary of State, she represented him as having served as a drummer, she claims, that altho' there may not be evidence sufficient to entitle her to a pension for his services as a drummer, yet there is evidence to show that while in service he acted, at times as a drummer. — The description of Ward shows this, & also that

The Soldier of that name lived in that part of Atthol. Since in enrolled in the Town of Grey & who therefore must have been her Husband, as there was no other person of that name living there. — Her mistake in claiming that he served as a drummer is thus fully accounted for. — She does not now claim a pension for his services as a drummer, but as a private.
In his letter of Jan'y 24 th the C Council of Pensions adheres to his decision communicated in his letter of Jan'y 7 th . — and refers again to the fact that the Secretary's Certificate relates to the services of a Soldier from a different Town in the capacity of a private instead of a drummer. — He also informs her that "the Town's Clerk's office of Grey should furnish the names of all who enlisted in the last three years service of the Revolutionary War from that Town."
A careful examination of the evidence furnished by Mrs. Bates now in the hands of the Department, will clearly, as she claims identify her as the Widow of the Soldier referred to in the Secretary's Certificate and remove the force of the objections stated in the last named letter. — As there was no Town of Grey in the time of the Revolution & Theodore Bates, lived in that part of Atthol which was afterwards in enrolled in Grey. She has procured the Affidavit of the Town Clerk of Atthol which does not furnish any information, as to the services of those who enlisted in the last three years service of the Rev. War from that Town. — but it shows, the incorporation in 1786, of a part of Atthol into the Town of Grey. —

The Commr. of Pensions in his letter of June 20 th 1848, still insists upon the objections before stated, & in a solition claiming that there is a defect in the proof of the date of her marriage which in his first affidavit & etc. he informed her was satisfactorily proved. — The family record was not forwarded to prove the date of her marriage, to but to identify her husband as the person named in the descriptive list referred to in the Secy's Certificate. — it shows that his age conforming to the age of the Theodore Bates named in that list. She claims that this Record bears on the face of it, evidence of age, and that it is proved to be genuine by the Affidavit of Mrs. Pile. — The record shows, not only the age of her husband, (for which it was furnished) but corroborates the evidence which she had previously furnished as to her marriage & which has been pronounced Satisfactory .
The Statement made by Mrs. S. Fuchs was not made to sustain the Statement made by Mrs. Bates to the Secretary, in full, but as tending to show that that Statement was probably true, in as much as as it shows that in addition to his services in 1799, & 1801, which are proved by the Secretary's Certificate he also served in 1833, as then  stated in Mrs. Fuchs's Statement is particularly mentioned. — This Statement is in no way rendered by the Sec Commr. — it does not show that Theodore Bates entered the service in 1833. — it only shows that he was then in service, and corroborates the deposition of Oliver Train, who testifies that Theodore Bates

informed him, that on his last enlistment, he enlisted for three years, which had not terminated when the War closed.
Upon the Evidence furnished Mrs Bates claiming that she is entitled to a pension for her late husband's Service viz; 9 months 17/49. 5 months & 22 days 17/50. & 8 months in 17/53, and she also claims that she enlisted 17/51, for 3 years, but she is unable to show the length of that term of Service, only 8 months Service there being no Records of 17 years in the Secretary's Office. — and if such Records are in the possession of the Department, as she is informed, she requests that they may be examined in order to show the extent of his Service under his last enlistment.
Lee. July 31 1868
Abigail Bates by her Attorney Eli Taintor

CLAIM OF Abigail Bates ACT OF July 7, 1838,
STATE OF New York } ss. COUNTY Niagara
Be it known, That on this twenty fourth day of March A. D. eighteen hundred and fifty two , before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Abigail Bates a resident of Niagara in said County, and made oath according to law that she is the widow of Theodore Bates deceased
who was a Revolutionary Pensioner  Soldier and should have been pensioned
at the rate of eighty Dollars per annum; that she has been informed that the said Pension ought to be increased  allowed ; that she is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Sworn to and subscribed, the day and year aforesaid, before me. Theodore H. Hulett } J. Peace. instead of the same
Abigail her X mark Bates
I, Theodore H. Hulett Justice of the Peace, in and for said County, do hereby certify that Abigail Bates who executed the foregoing paper is a respectable resident of this County, and is, I believe, directly interested in said claim as therein set forth.
Theodore H. Hulett } J. Peace. Justice of the Peace
I, Lewis S. Payne Clerk of the County Court in the County and State aforesaid, do hereby certify that Theodore H. Hulett Esqr. before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to administer oaths; and the name thereunto subscribed, is his signature.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official Seal this Twenty fifth day of March A. D. 1852
Lewis S. Payne Clerk. By H. A. Cook Deputy

POWER OF ATTORNEY — Revolutionary Pension Claims.
Know all Men by these Presents, That I, Abigail Bates of Niagara in the county of Niagara and State of New York
hereby constitute and appoint Loren F. Waldo of Connecticut my true and lawful Agent and Attorney, to prosecute the Claim of myself for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to myself
to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall law- fully do in the premises.
WITNESS my hand and Seal this 24 day March
A. D. 185 2
Signed and Sealed in the presence of } Theodore M. Merrill Erving Painter
Abigail  her  X Bates mark
STATE OF New York } ss. COUNTY OF Niagara }
On this twenty fourth day of March A. D. 185 2 before me, the subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Abigail Bates and acknowledged the foregoing Power of Attorney to be her act and deed, for the purposes therein mentioned.
IN TESTIMONY WHEREOF, I hereunto set my hand, } the day and year aforesaid.
Theodore Merrill
Justice Peace.

FRITZ G. LANHAM 12TH DIST. TEXAS
HOUSE OF REPRESENTATIVES WASHINGTON
February 23, 1920.
Commissioner of the Bureau of Pensions, Washington, D. C.
Dear Mr. Commissioner:
I am in receipt of a letter from Miss Marian Booth, 103 West Sixth Street, Fort Worth, Texas, with reference to the services of her great-grandfather, Theodore Bates, in the American Revolution. I am enclosing a copy of this letter for your information, and I shall appreciate it if you will kindly let me have at your very earliest convenience such statements from the records as may be available with reference to this matter. Any information that you may be able to give me along this line will be very much appreciated.
Thanking you for your courtesy and for an early reply, I have the honor to be
Very respectfully yours,
Fritz G. Lanham

Fort Worth, Texas.
Feb. 12, 1920.
Mr. Fritz Laham,
Washington, D. C.
Dear Sir:
I am experiencing a little difficulty in securing the records necessary to joining the Daughters of the American Revolution. My great-grandfather, Theodore Bates, refused to ask for his pension because he belonged to the "Society of Shakers" of New York. His wife, whose name I do not know, apparently did not hold his views and collected the pension for him. Would the records show such a transaction?
I would greatly appreciate it if you could put me in touch with some one from whom I can get the necessary information.
Sincerely,
Y
Marian Booth,
103 West 6th Street.

Roddy
255,551
BOMBA-WICKINGA IBON MONKS

BOWDRY-MCKINLEY IRON WORKS
MACHINE CASTINGS, GRATE BARS, SASH WEIGHTS AND STRUCTURAL IRON WORK
8TH AND NORTH THROCKMORTON STS. PHONE LAMAR 1564
FORT WORTH, TEXAS. Sept. 22 1920
Bureau of Pensions, Washington, D. C.
Gentlemen:
Will you please send me any information you may have as to pension allowed to Theodore Bates, Revolutionary soldier from Athol, Mass., who served from July 2 to December 16, 1780 in Col. Froot's Mass. Regiment; If no pension was granted him, please give record of pension granted to his widow, Abigail Wheeler Bates.
Very Truly yours, Mrs. W. P. Bowdry. 1804 - 6th Ave., Ft. Worth, Tex.