Revolutionary War Pension and Bounty Land Warrant Application File S. 2070, Thomas Berry, Va.

SERVICE
NUMBER
Va
Berry Thomas
S. 2070
Born in Penn.
CONTENTS
Carded

Ohio 1311
Thomas Berry of Butte in the State of Ohio who was a private in the Company commanded by Captain Culps of the High command by Col. Morgan in the Virginia line for 2 years from 1778
Inscribed on the Roll of Ohio - at the rate of 80 Dollars - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of Nov. 1832 and sent to J. Woods Hamilton, O.
  Arrears to 4th of Sept 1832  120. -    Semi-ant. allowance ending 4  40 -    March 1833 -  $160. -  
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by Nathaniel Clerk, Book L Vol. 10 Page 29.
Duplicate issued 14 th August 1833 on demand to Rev. Dr. Hamilton Ohio

John Reily Clerk of the court of common pleas of the county of Butler aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Berry for a pension.
In testimony whereof I have hereunto set my hand and seal of Office at Hamilton this fourth day of August One thousand eight hundred and thirty two.
John Reily
2369.
Thomas Berry A Revolutionary Soldier
08

The State of Ohio } Butler County } of Common Pleas July Term 1832
On this first day of August eighteen hundred and thirty two personally appeared in open court before the Honorable Associate Judge of the Court of Common Pleas for Butler County Ohio Thomas Barratt aged seventy years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 -
That he entered the service of the United States by enlistment in the Army of the United States at a place called the fallen water on Potomac river in Berkeley County Virginia (of which County was at the time of his residence) on the fifteenth day of February nineteen hundred and seventy eight at which time he enlisted for the period of three years in the Company of Capt n John Bulp belonging to the 4th Regiment commanded by Colonel John Mitchell in the Brigade or Division under Genl Morgan - That Denny Prodinges was the Ser t Samuel Light Ensign H Charles Collins orderly sergeant of the company aforesaid - This deponent states that he was marched to Winchester in Virginia where a portion of the Reg t aforesaid and the entire Company of Capt n Bulp remained for about seven months - That from thence said Company was taken to Alexandria County and from thence to Alexandria now in the District of Columbia where they remained for about four weeks after which they were

again ordered to Winchester where they were engaged in guarding the Prisoners of War which place he was principally detained during the period of his service — Deponent further states that about eight hundred of the troops stationed at Winchester were ordered to march to the South Carolina, among which was the Com- pany to which he belonged — that the Company of Capt Bulp and of Capt Ulpling- er were detached on in March to guard baggage waggons at the distance of about six miles from the battle of the Bull Run at which battle all the other Companies of said force of eight hundred were engaged & that after said Battle they returned to Winchester, where this deponent was discharged after having served as an enlisted soldier in the Army of the United States for the period of two years — having enlisted for three years unless sooner discharged Deponent further states that he received a written discharge signed by Col John Mitchell as well as by Capt John Bulp, which said Certificate this deponent left with his brother in Berkeley County Virginia who has since died and from whose descendants deponent has been unable after frequent enquiries to obtain said certificate or any certain in- formation about the same — He was born in the town of Carlisle Pennsylvania on the twenty fifth day of August Seventeen hundred and sixty one of which he has no record & he has resided in this State since seventeen hundred ninety three and

has been a resident of Butler County for twenty nine years
He hereby relinquishes every claim whatever to a pension or an annuity except the present and he declares that his name is not on the Pension Roll of any Agency in any State I swear to this subscribed
The day & year aforesaid John Reily, Clerk
Thomas his Berry mark
We Squires Pittell & Isaac Hoough residents of Butler County Ohio hereby certify that we are well acquainted with Thomas Berry who has subscribed & sworn to the above declaration - That we believe him to be seventy years of age that he is reported in the delivered neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion I swear to this subscribed { Squire Pittell The day & year aforesaid { Isaac Hoff John Reily, Clerk
And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War de- partment, that the above named applicant was a Revolutionary Soldier, and served as he states. And the court further certifies that it appears to them that Squire Pittell and Isaac Hoff who have signed the preceding certificate, are residents in the said county of Butler, and are credible persons, and that their statements are entitled to credit.
John

I John Reily Clerk of the court of common pleas of the county of Butler aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Berry for a pension.
In testimony whereof I have hereunto set my hand and seal of Office at Hamilton this fourth day of August One thousand eight hundred and thirty two.
John Reily
Thomas Berry Attorney Volsin
2369

Thomas Berry
Ohio
No 2369
Look on the Roll from 1778, then years. promoter $82.
Hon J. Woods

BRIEF in the case of Thomas Berry  of  Battle County in the State of Ohio (Act 7 June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 Years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     February 14 In 1778 Enlisted for 3 Years Served two Years Private Gen. Morgan's Division 4 th Regiment Virginia Line Col. Mitchell's Reg't Capt. John Culps Company  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Berkley County Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? on Roll. Invalidation.  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas Little Examining Clerk.

The State of Ohio Butler County
Be it known that before me William Kerr a Justice of the peace in and for said County personally appeared Thomas Berry who made the following statement in order to obtain a duplicate of an original Pension Certificate issued to him on the 1 st day of Nov r 1832 from the War Department under the act of Congress passed June 7 th 1832 to wit; That some time in July or August last he employed John M. Millikin to draw up in form his declaration made to obtain the benefit of said Act of Congress, which said declaration was sworn to & subscribed by him & afterwards forwarded to the War Department by said Millikin as this deponent has been informed & justly believes, — that some time in the early part of December last he received from said Millikin an Original Certificate of which the following is a true copy.
"War Department, Revolutionary Claim. I certify that in conformity with the Act of the United States of the 7 th of June 1832 Thomas Berry of the State of Ohio, who was a private in the Army of the Revolution is entitled to receive eighty dollars and — cents per annum during his natural life, commencing on the 4 th of March 1831 and payable semi-annually on the 4 th of March and 4 th of September in every year Given at the War Office of the United States this 1 st day of November one thousand eight hundred thirty two Examined & countersigned P. Edwards { Clerk of War Dept } Lewis C. A. P. Secretary of War"
That said Millikin drew the necessary Oath of Identity & Power of Attorney to enable Ignie Little as his attorney to draw eighteen months pension under said Certificate: that when the same was sworn to, the name of Ignie Little had been erased & the name of Thomas Berry (son of deponent) had been inserted, in consequence of which erasure and insertion the Agent for paying pensions in Cincinnati refused to pay the same to said Thomas G. Berry (son & attorney of this deponent) — That after said Tho s G. Berry had returned from Cincinnati, he undertook in the presence of deponent to copy said Oath of Identity & original Certificate, that deponent might have the same properly executed and that while about the same said Tho s G. Berry casually threw the original certificate with rubbish and defaced paper into the fire and the certificate was consumed and lost — That he is enabled to give a copy of said original Certificate because said Oath of Identity drawn by said Millikin was not consumed, as aforesaid — Deponent further states that he is the identical person who made the application for said pension — That the same was delivered to him & was in his possession when he

was sworn to & subscribed the said Oaths of identity & power of attorney - that he has never received any portion of said pension granted to him and that he merely believes his said son never received any portion of the same, as he returned to him all the papers that were executed by by him, to enable his said son to draw said pension as aforesaid Sworn to & subscribed before me this Thomas his Berry 10th day of February 1833 Mark
William Kerr Justice of Peace
Personally appeared also at the same time and place Stephen Gard (a clergyman) who being duly sworn deponeth and saith that he has been acquainted with Thomas Berry the above deponent for upwards of twenty five years - that he has always been regarded as an honest man - that his reputation for truth and veracity is good & that I believe his Statement is entitled to credit. Sworn to & subscribed before me this Stephen Gard 10th of Feby 1833
William Kerr Justice of Peace
Personally appeared also at the same time & place John M. Millikin who being duly sworn deponeth & saith that the statements contained in the foregoing deposition of said Thomas Berry so far as they have reference to him are true and that from the reputation of said deponent for truth & veracity he believes deponent's statement to be entitled to full credit. Sworn to & subscribed before me John M. Millikin this 11th of Feby 1833 William Kerr J.P.
William Kerr a Justice of the Peace within for said County of Butler do certify that I have been well acquainted with Thomas Berry the above deponent for thirty four years - that he has always sustained the reputation of an honest man - as a man of truth & veracity & that I believe his statement entitled to full credit. Witness my hand this 11th of Feby 1833 - William Kerr J.P.

Personally appeared before me also at the said time & place Squire Little, postmaster of Preston Butler County Ohio who being duly sworn deponeth and saith that he has been acquainted with the within named deponent, Thomas Berry, for upwards of twenty years and that he has always been considered an hon- est man that his reputation for truth and veracity is good and that he believes his deposition taken on this sheet is entit- led to full credit
Squire Little
Sworn and subscribed before me this 11 th February 1833
William Kent J.P.
The State of Ohio Butler County ss
Personally appeared before a Justice of the Peace within the County aforesaid Thomas G. Berry who being duly sworn de- poneth and saith that he is the son of Thomas Berry who had signed & sworn to the foregoing deposition and that the facts set forth by his said father as to the loss of his father's original Pension Certificate, by said deponent are true. Deponent states that he cannot be mistaken as to the destruction of said certificate at the time and under the circumstances set forth in his said father's deposition and further that he is certain that his said father never received any part or portion of the Pension money so granted by said Certificate
Thomas G. Berry
Sworn to & Subscribed before me this 16 th Feby 1833
William Hunter J.P.
The State of Ohio Butler County ss
I John Reily Clerk of the court of Common Pleas of the County aforesaid certify that William Kent Esquire hereinbefore named before whom the depositions here in before stated of Thomas Berry, Stephen Gore, John M. Meehan & Squire Little were taken was at that time thereof

Thereof, a justice duly affirmed to keep the peace in the said county of Butler and that the signatures thereto usually subscribed purporting to be his are genuine And also that William Hunter Esquire before him was named before whom the deposition of Thomas G Berry hereinbefore stated was taken was at the taking thereof a justice duly affirmed to keep the peace in the said County of Butler and that the signature thereto subscribed purporting to be his is genuine In testimony whereof, I have hereunto Affixed my seal of Office and subscribed my name at Hamilton the Eighteenth day of February An thousand eight hun- dred & thirty three
John Reilly
Thomas Berry

Rev War
2070
INVALID!
File No. 2070
Am
Thomas Berry First Rev War
Act: June 7, 1832
Index:—Vol. 24 , Page 25
[Arrangement of 1870.]

Give a new catalogue
J. J.
Columbia Crops

Will Mr Edmads be pleased to inform me what shall be done with the enclosed.
H. S. Evans 22 nd July 83.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Thomas Perry which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No Clerymen XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? Yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
† QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.
‡ QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.