Revolutionary War Pension and Bounty Land Warrant Application File S. 18713, Nichols Berry, Mass.

SERVICE
Mass.
Berry, Nichols
NUMBER
S 18713
CONTENTS
carded

10.138
Massachusetts
Nichols Berry
of Hampden in the State of Mass who was a Pirate in the company commanded by Captain — of the — commanded by Capt Doolittle in the Mass line for 2 years.
State
Inscribed on the Roll of Mass at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 21 st day of Jan 1833 and sent home G Bates, Westfield, Mass
Arrears to the 4th of Jan 1833 $ 160 — Semi-annual allowance ending Life per " 40 —
$200 —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H B Blair Clerk, Book 8, Vol. 2 nd Page 4.
82 Hampden

State of Massachusetts County of Hampden ss
On this eighth day of August A.D. eighteen hundred & thirty two personally appeared in open Court before me Oliver B. Morris Esqr. Judge of the Court of Probate now sitting in Springfield in & for said County of Hampden Nichols Berry a resident of Westfield in said County, aged eighty years who being first duly sworn accor- ding 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 -
7/4/96
That he entered the service of the United States under the following named officer served as follows. He volunteered the last of April 1775. & went to Cambridge in Massachusetts. He had heard that men were wanted there, & turn d out with others to go down - after his arrival there he imme- diately enlisted about the first of May in the same year, in the State Troops in a Company commanded by Capt. Millett, for eight months. Capt. Millett was soon after discharged under suspicion that he was friendly to the British. Capt. John Jones succeeded Capt. Millett in the command of the company. The regiment was commanded by Col. Dootlittle & Lt. Col. Holden. He serv d the eight months enlistment in the neighborhood of Boston & was in the battle of Bunker Hill - He did not see Genl. Putnam in the battle but when the company was retreating, Genl. Putnam came up, & tried to make us go back - He wanted us to wait till he could bring a reinforcement. We were then on Charlestown  Bunker neck, across which we were retreating - I was at the ditch that runs to the East, to the river at Chelsea when Genl. Warren was shot, & immediately after that event Col. Holden was dispirited & ordered us to retreat. Maj. Moore from Worcester or about there, was shot at the ditch close by me. He was much beloved by the regiment. I do not recollect seeing any person shot whose name I now remember, nor did we have time to look about much - we were

all of us pretty busy" - When we were going off from the hill, Col. Gearish, or Garish, or some such name, was ordered by Genl. Putnam to go over with his regiment on to the hill, & he had not courage enough to do so & was then branded as a coward & afterwards cashiered. I was stationed at Cambridge when Washington came there. Part of the time on "Prospect Hill" - on "Winter Hill" & on "Ploughed Hill". I serv d out the period of my enlistment, eight months & then went home to Charlemont, from which place I started, where my wife & child resided.
I first enlisted in August (I believe the 24 th day) & passed muster in Deerfield under Capt. Child of South Hadley; I was in Col. Woodbridge's regiment, who liv d in said South Hadley. I enlisted in the State Troops for four months. We marched from Deerfield to No. 4., now called Charlestown in New Hampshire. Then went across the Connecticut River to Rutland. Then, after a short stay at each place, to Ticonderoga, and stay d in the old French lines. There was no battle there, tho' the British came in sight several times, & went back again. They were there at Ground Point, 14 miles above "Old Ti". At one time when the British appear d , Genl. Waterbury, ordered us to make a platform on the old bomb proof magazine. At that time a battle was expected, & I remember to have seen Genl. Waterbury shed tears, he was so agitated, but he didn't act as tho' he was afraid. One day I was standing sentry at the little house in which Genl. Gates resided at that time, instead of his marchers, when a soldier told me the enemy were building a redoubt about half way from Ground point. I assured him that I should like to go & storm it. Genl. Gates overheard us & came to the door & said "well, my lad, you shall have a chance!" & the same night about 11 P.M. the drums beat for volunteers to go & take it. About 100 men of us turn d out & went. But it appeared that information had been given to the British & they had lighted fires & gone away carrying off all their tools &c. We destroy d their works & return d about sunrise, next morning. After I had serv d my term of 4 months I return d to Charlemont.
I again enlisted in 1777. in May, 13 th day - for one year in the State Troops in Capt. John Ferguson's company in Col. Stewarts regiment of Colerain, Massachusetts. The name of the Lieutenant was Elisha Dickerson of Deerfield. We marched to Fort Edward, to the army, as you may call it. Then we went

to Saratoga - I scouted about Genl. Burgoyne till we took him. I was not in the main battle, but I was in several skirmishes between the scouting parties of the two armies - Genl. Gates commanded, Genl. Benedict Arnold was there, & a new officer he was too, there; Col. Seth Warner of Vermont was there, & had the command of a regiment of regular troops. I was for a time under him, scouting, as rangers. Warner was then called a green mountain boy - he was from Manchester - after Burgoyne surrendered, we went to White Plains, from Saratoga, down the River. While I was at White Plains I was ordered to make a float to cross the river on - While at work, that day, "on fatigue", as we called it, I cut my knee in hewing timber, with a broad axe & was sent to Poughkeepsie to the Hospital where I remain d four months, & have been a cripple ever since - I had been about eight months before I was hurt, with the army, & at the expiration of the 3 d four months I started for home at Charlton. I saw Genl. Arnold & Genl. Putnam at White Plains - but no Genl. officer was there steady -
In all the enlistments aforesaid I was regularly discharged but have since lost them, nor do I know of any person living who was in service with me. I was born in Mt. Greenwich in Rhode Island on the 3 d March 1752. & my birth is there recorded - I mov d to Charlton in 1775. from thence to Kinderhook, N. York - from thence to Hartford & from thence to Mt. Springfield, Mass. & from thence to Mt. Holyoke where he has resided twenty four years - I have no documentary evidence to prove the above services.
If S er Taylor Esq r or other Taylor (Genl.) or John & Josiah Ward of Charlton are living they will know that I went away in the army & any of the old people of Charlton will know that I have been reputed to have serv d more than two years in the old war - The whole time I was out, was two years & two months. I am acquainted with Rev d . Isaac Knapp, with Bishop G. Cook, with John Mersall Esq r Clerk of the courts in Hampden Co. Mass. with Capt. Ezekiel Bowditch who can testify as well as many others to my reputed service.
He hereby relinquishes any claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency, or any State.
Nicholas Berry

We Isaac Knapp a clergyman residing in the town of Westfield in said County of Hampden & Elisha G. Cook of said Westfield, & Sturges Upson of said Westfield, Leah Cook Barworth of Montgomery hereby certify that we are well acquainted with Nicholas Barry who has subscribed hereto to the above declaration that we believe him to be eighty 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
Isaac Knapp Elisha G. Cook Sturges Upson Leah Barworth
I John Ingersoll of Springfield in the County of Hampden and Clerk of the Judicial Courts for said County do certify that I have been acquainted with the above & within named Nicholas Barry for a number of years say twenty years or more and that I believe the facts certified to in the above certificate to be correct and that I agree in the facts therein stated
John Ingersoll
And the said Court do hereby declare their opinion, after the investigation of the matter & after putting the interrogatories prescribed by the war department, that the above named Applicant was a Revolutionary soldier & served as he states - And the court further certifies that it appears to them that Isaac Knapp who has signed the preceding certificate is a clergyman residing in the town of Westfield in said County and that Elisha G. Cook & Sturges Upson of said Westfield & Leach Barworth of Montgomery in said County are credible persons who have signed the same certificate are credible persons & that their statement is entitled to credit
I Justin Willard Register of said Court of Probate do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Nicholas Barry for a pension
In testimony whereof I have hereunto set my hand & affixed the seal of said Court this 8 th day of August A.D. 1832
Justin Willard Register

74962
Nichols Berry
Prune-
2 years
Canned
$80
Long Bats of Westfield Wadsworth Springfield P.O. Mass.

BRIEF in the case of Nichols Berry. of Westfield, Hampden Co. in the State of Mass. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Eighty 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.     Volunteered In 1775 Apr. 19 3 8 Capt. Miller, Capt. Jones, Col. Doolittle, H. D. Allen   enlisted Aug 24 4 Capt. Child, Col. Woodbridge   enlisted 1777 May 13 1 Capt. Ferguson, Col. Stewart, Col. Warner    of this time he was 8 mo. in the army 44 in the hospital wounded. (says the whole time he was out was 2 years & 2 mo.)   
 5. In what battles was he engaged? Bunker Hill, (Scouting party, Sandoval)  6. Where did he reside when he entered the service? Charlemont.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? A clergyman & three others certify to traditional evidence. John Ingersoll certifies his knowledge & belief of applicant's character for truth.  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Knapp Examining Clerk.

18713 INVALID.
File No. 18713
Nichols Burg
Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 423
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Nichols Berry  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? 29
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? 29
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? _____
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? _____
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? _____
XVI. ‡ Are the papers authenticated as the regulations direct? 29
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? answered 
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.