Revolutionary War Pension and Bounty Land Warrant Application File S 4939, Justus Battle, Continental Mass.

SERVICE
NUMBER
Continental Mass.
Battle Justus
D 4939
CONTENTS
carded

13044 Ohio Pittsburg Agency Justus Brattle
of Lorain in the State of Ohio who was a Private in the Company commanded by Captain Warren of the Regt commanded by Col Beecher in the Mass. Militia time for 2 years
Mass. and Continental Records completed.
Inscribed on the Roll of Ohio at the rate of 20 Dollars _____ Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 th day of May and sent to G. M. Schuman 1833 Lorain 6 th Ohio
Arrears to the 4th of Mar 1833 $ 160.00 Semi-ant. allowance ending 1, Sep 40.00 $ 200.00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Geo B Whiting Clerk Book 6 Vol. 8 Page 106

Justin Battle Application for a pleasure

The State of Ohio } Supreme Court Adams County } August Term A.D. 1832
On the 2 nd day of August A.D. 1832 personally appeared in Open Court present Hon Judges Wright & Collet holding said Court James Battle a resident of Brighton County & State of Ohio aged Seventy seven 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 7 th 1832 That he entered the service of the United States under the following named officers & served as herein stated
He marched from Tyringham in the County of Berkshire State of Mass. as a minute man at the alarm which followed the battle of Lexington to Roxbury —
That he enlisted about the first of May A.D. 1775 at Roxbury Mass. for the term of eight months in Col Joseph Reeds regiment. Capt Samuel Warren Company & after serving the eight months was regularly discharged
That at the expiration of said eight months then he enlisted under the same officers for a term of one year as a Continental soldier and served out the whole period & left the service the 1 st day of January A.D. 1777 He was engaged in erecting a fort at Prospect hill the day following the battle of Bunker's hill was in the battle near White Plains New Jersey

I do not know of any person living who can prove to testify with regard to my services as a soldier of the Revolutionary War nor have I any documentary evidence thereof
That he has the affidavit of his brother James Battle to substantiate his above mentioned statement. That at the time of the invasion was conducted by the American troops he went as a militia man marched as far as Lake George & was in the retreat to Stillwater at which place he volunteered & remained six weeks longer in the militia service at the request of Gen St. Clair. That the whole term of service amounted to about two years according to the best of his recollection.
Questions propounded by said Court to said Battle.
1 Where & in what year were you born
Ans In Scadahan Mass in the year 1754
2 d Have you any record of your age & if so where is it
Ans Yes in my family
3 d Where were you living when called into service where have you lived since the revolutionary war & where do you now live
Ans In Fylingham Mass when called into service now in Brighton Lorain County Ohio
4 th How were you called into service
Ans As stated above
5 th State the names of the regular troops which you served with Continental & militia regiments as you now recollect & the general circumstances of your service
Ans I have stated above
7 th State the names of persons to whom you are known in your present neighborhood, & who can testify as to your character for veracity, & their belief of your services as a soldier of the Revolution
Ans. Revd Joel Fales & David Webster

He hereby relinquishes every claim whatever to a pension or an annuity except the present & he declares that his name is not on the pension roll of any agency in the United States
Sworn to & subscribed the day & year aforesaid
Sworn to & subscribed
Ebenezer Whiton Clerk
Justus Battle
We Joel Talcott a clergyman residing in Wellington in Linn County & Joseph Houghton  Daniel Houghton residing in Wellington Linn County hereby certify that we are well acquainted with Justus Battle who has subscribed & sworn to the above declaration that we believe him to be seventy seven years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion
Sworn to & subscribed the day & year aforesaid
Ebenezer Whiton Clerk
Joel Talcott Daniel Houghton
And the said Court do hereby declare their opinion after investigation of the matter & after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier & served as he states & the Court further certify that it appears to them that Joel Talcott who has signed the same is a resident in the town of Wellington Linn County & that Joseph Houghton  Daniel Houghton who has also signed the same is a resident in the town of Wellington  Wellington & that they are credible persons and their statements are entitled to credit
I Ebenezer Whiton Clerk of said Court do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Justus Justus Battle for a pension
In testimony whereof I have hereunto set my hand & seal of office Ebenezer Whiton Clerk

State of New York Onondaga County ss. On this fifth day of January 1833 before me Chester Hayden first page of the County Court of the said County coming James K. Battle who being first duly sworn says that he is well acquainted with and is the brother of Jester K. Battle who removed some years since from Tyngsborough in Massachusetts to Ohio and who now resides as this deponent is informed Hoboken in Brighton in the County of Lorain in the State of Ohio. That deponent is twenty three years old upwards, and that the said Jester is some three or four years older, but deponent can- not state his age with precision. That in the year 1775, and deponent believes in the Spring or early part of summer, but of this he is not certain, this deponent and the said Jester, then residing in Milford (then he believes called Mendon) in Massa- chusetts, enlisted together into Captain Samuel Warren's Company of Infantry in Colonel Joseph Read's Regiment for the term of eight months and both served during the whole time of the said enlistment in the said Regiment and Company. That they both joined the Regiment at Roxbury and marched from thence, after the British left Boston, to New York. That immediately after the expiration of the said eight months service both deponent and the said Jester re-enlisted in the said Company and Regiment, and under the

from Colonel and Captain for one year and both served during the whole of the said term, and at the expiration thereof were regularly discharged both at the same time & place, and deponent believing at a near Peaks Kill, but from age and loss of memory he is not able to say with certainty whether at Peaks Kill or some other place in its vicinity. But deponent believing that no written discharge was given. - And deponent is uncertain whether he and the said party went from Boyle Roxbury as aforesaid to New York during the eight months service, or during the years service last mentioned, as the whole formed one continuous service, or were separated by a short interval only, and which he is unable with certainty to say. After going to New York as aforesaid the said party and deponent served at that place, retreated thence to Fort Washington and continued across the river to Bergen, and came from thence back to White Plains and were both in the Battle at East Chester when the British landed at that place. Deponent again enlisted and served for three years commencing in the Spring after the expiration of the year above men- tioned, and he now thinks that the crossing to Bergen may have been during that term and not before. But the Battle at East Chester took place during the year while the said party was in the service - During the eight months and year first above mentioned, or some part thereof, one Peters was Major of the regiment in which the said party & deponent served. Captains Toogood, Pike, Walbridge, Seagrave and Knapp are officers now.

used by deponent as belonging to the regiment in which deponent served and he believes that some or all of them belonged to the regiment in which the said justice served during the eight months and year. But as deponent served for another term his recol- lection is not distinct whether they or any of them belonged to that regiment, or to that to which deponent belonged in his subsequent service. Deponent resides in Utica, Oneida County. James Battle
Sworn & subscribed before me this 5 th day of January 1833 and I certify that the deponent is a credible witness -
Chester Hayden , first judge of Oneida
Clerks Office Oneida County
I Geo Brown clerk of the said County do certify that the foregoing contains the original proceedings of Chester Hayden Esquire in the matter of the application of James Battle for a pension that Chester Hayden before the above affidavit was taken was an the taking the same first judge of the County of Oneida has in and for Oneida County and that I am well acquainted with his hand writing and verily believe the Signature "Chester Hayden" subscribed thereto, to be genuine
In testimony whereof I have hereunto set my hand & affix- ed the Seal of the said County this 5 th day of May 1833.
Geo Brown Clerk
W. B. Read Dep. Clerk

January 27, 1931.
Rev. & 1812 Wars Section AWF CW
Mrs. Theodore R. Oehlke 338 Washington Avenue Lorain, Ohio.
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, S. 4939, that Justus Battle was born in 1754 in Needham, Massachusetts.
He marched from Tyringham, Berkshire County, Massachusetts, as a minute man, on the alarm which followed the battle of Lexington, to Roxbury, where he enlisted, May 1, 1775 and served eight months in Captain Samuel Warren's company, Colonel Joseph Read's Massachusetts regiment, and reenlisted and served one year under the same officers, and was in the battle of White Plains.
He marched in the militia, officers names not given, at the time Ticonderoga was evacuated by the Americans, to Lake George and was in the retreat to Stillwater, length of service about four months.
He was allowed pension on his application executed August 2, 1832, at which time he was a resident of Brighton, Lorain County, Ohio.
There is no reference to wife or children.
Very truly yours,
E. W. MORGAN Acting Commissioner.

Rev War
4939 INVALID.
File No. 4939
Justus Battle Print Rev War
Act: June 7 th 1839
Index:—Vol. M , Page 19
[Arrangement of 1870.]
1931- Jan. 27- H. & Mrs. Theodore H. Cohlke See letter in Ezra Squier W. 4812 sent

1995. 8 Merith
War Department Pension Office Washington City D.C.
April 16

Justus Balle
Grand
Memoranda
1871

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

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

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
† QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
The amended affidavit of James Battle in relation to the service of Justus Battle is herewith enclosed agreeable to the instructions I rec d in the last letter I rec d from the War Department.  Brighton 4 th April 1833 C. H. Hubbard Asst te Judge of Lorain County