Revolutionary War Pension and Bounty Land Warrant Application File R. 1458, John Burke, Va

SERVICE
NUMBER
Va
Burke, John
R. 1458.
CONTENTS

State of Indiana } Clark County } Circuit Court May Term 1834
On this twenty first day of May one thousand eight hundred and thirty four personally appeared in open court before the Judges of the Circuit Court within and for the County aforesaid now sitting John Burke a resident of Monroe Township in said County, of Clark and State of Indiana aged twenty four years, who first being 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, and served as herein stated viz
His first service was under Capt Frederic Edwards and Lieut John S. Sawyer - but Campbell commandant. That at the time he entered the service, he resided on New River a branch of the Kenhawa, in the County of Montgomery in the State of Virginia; he was a volunteer; and as he believes commenced his service a little before harvest of the year of the battle of Guilford Court House.
On the second of  the  month of  May  one  thousand  eight  hundred  and  thirty  four . That he marched under the officers aforesaid up New River into North Carolina against the Tories, that in this expedition he was in no  had engagement, and that after serving about three weeks he was discharged and

suffered to return to his home. In the latter part of the same summer he again volunteered in the same company under the same officers. Col. Preston commanded - and was marched in detachment commanded by Lieut. Sawyer to guard some ammunition to near the head of Reed river in Montgomery County, Virg.; that on this trip he served about two weeks, and was discharged.
About a week or ten days before Christmas of the same year he again volunteered in the service of the United States at his residence in Montgomery County aforesaid, under Capt. James Montgomery, Lieut. John T. Sawyer - commanded at Ft. Col. Walter Crockett; marched to the long islands of Holston in Virginia as a place of rendezvous, preparatory to suppressing the Cherokee Indians, was out on this trip about four weeks when he was ordered to return home. In about a week or ten days after his last named return to Montgomery County, he again entered the service of the United States as a volunteer under the command of Col. Preston. Lt. Col. Crockett, Capt. Edwards and Lieut. Sawyer, marched to the neighborhood of Hillsborough in North Carolina; and in that section of country was marched and counter-marched sometimes in pursuit of the enemy, and at others retreating from them, until the night of March 28th of March 1781 when he was engaged in the skirmish with the British at the Red Bank fort of Hane river near White's mill. In this engagement he was in the company of Capt. Edwards and under the com-

and of Col Presley, he recollects that the latter, who was a very corpulent man, was thrown from his horse in the retreat of the Americans which succeeded the fight. While manoeuvring in the neigh- -bourhood of Hillsborough he saw Col. Lee and Col. Washington, and well recollects the fine appearance of the horse of the latter officer. He thinks that Col. Williams took an active part in the skirmish of Bandy fork; and remembers hearing it said at the time, that he covered the retreat, but has no recollection of ever having seen him; nor does he remember that he saw, during his services in the revolutionary, war, any other continental officers that Col. Lee and Washington. After having served under his last named engagement about seven or eight weeks he was discharged and suffered to return home. That he never had any written discharge from the services. Nor has he any documentary evidence nor does he know of any person, whose testimony he can procure, who can testify to his services. He has no record of his age
That his whole he served in all at least sixteen weeks; that he never had any written discharge. That he is as he believes in his twenty fourth year of age. His birth day is 15 th day of July. He continued to live in Montgomery County Virginia for ten or twelve years after the war. From Montgomery County he removed into Tennessee; where he lived about ten fifteen years. Then he lived in Shelby County Kentucky about three years. He removed then into the State of Indiana where he has resided ever

since. 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 of the United States.
Sworn to and subscribed in open court the day and year first above written.
John my X Burke
The undersigned citizens of the County of Black apportioned hereby certify that for the last fifteen years they have been acquainted with John Burke who has sworn to and subscribed the foregoing declaration, and that from their acquaintance with him they believe he is of the age he represents to be , that he is reputed in his neighborhood to have been a revolutionary soldier, and that they concur in that opinion.
John his X Caldwell
James mark Caldwell
And the said circuit (court) do hereby declare, after the investigation of the matter and after putting the interrogatories presented by the war department that the above named applicant John Burke was a revolutionary soldier and served as he states; and the court further certifies that it appears to them that John Caldwell & James Caldwell who have signed and sworn to the preceding affidavit are residents of the County and State of Ohio and an credible person and that their said statement is entitled to credit.
I Henry Harrod Clerk of the circuit of the court of the County and State of Ohio do hereby certify that the foregoing contains the original proceedings of the said circuit in the matter of the application of John Burke for a pension.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 21 st day of May 1834.
Test Henry Harrod Clk
for John Burke
John Burke Indiana
3.0. 804

145 R
P.O.
John V. Burke
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Notes: 1852 Printed Book Rejected and suspended claims gives reasons for rejection "He did not serve six months".
Attorney: _____
P. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

30,004 John Burke Clark County Indiana
Act 7 th June 1832 Susp a
Recd sent to Clerk of Probate Court Charlestown Indiana.
Act 7 June 1832

30. 004
John Burke Indiana
Rejected, did not serve six months See letter 30 May '34 to Hon John Carr.
See let: 29 Jan 1841 Hon. O. H. Smith copies of papers sent to Hon J. A. Wright Feb 3, 1844
1458
Act 7 June 1832

Charlestown Ia August 21
Three
His Excellency the Secretary at War War Department U.S. Pension Office Washington City D.C.

30.004
John Burk Indiana
Cop d

State of Indiana ss Before the Hon ble Willis W Good- County of Clark win (sole) Judge of The Probate Court of The said County of Clark in Open Court
On this eighth day of the month of February and the first day of the February Session of the Probate Court of the said State of Indiana within and for the county of Clark aforesaid in the Year of our Lord one thousand Eight hundred and fortyone personally appeared in open Court, The Court aforesaid (The same being a Court of Record) now Sitting, John Burke a resident of Monroe township in the said County of Clark and State of Indiana aged seventy nine Years on the fifteenth day of the month of July in the Year one thousand Eight hundred and forty who being first duly sworn according to law doth on his oath make the fol- lowing declaration in order to obtain the benefit of the act of Congress, passed June 7, 1832 - That he entered the service of the United States under the fol- lowing named Officers and served as herein after stated. That he declarant in the month of June immedi- ately past before the month of July when he was twentyone Years of age in the county of Mtgomery in the State of Virginia entered the service of the United States in the War of the Revolution in a company of volunteers of mounted riflemen of the Militia of Virginia which company he declarant joined and continued to belong to as a private therein until the fifteenth day of the month of March first following and the March next after that he was twenty one Years of age that the Company was first commanded by Captain John Draper and Lieut en ant Andrew Corroket and Lieut- enant John Thompson Sawyer that he declarant with a part of the Company under the immediate com- mand of Lieut en ant Andrew Corroket first pursued ag-

ainst the enemy in the vicinity and region of New river in North Carolina (the enemy there were said to be led or commanded by one Roberds or Roberts (declar- ant does now recollect precisely which) that after he declar- ant was gone several weeks in North Carolina (he cannot now recollect the precise length of time other- wise than that he was gone several weeks as above stated) in the detachment under Lieutenant Lawyers as above stated he declarant returned under Lieuten- ant Lawyers with that part of the company then under his Com- mand to Montgomery County in the State of Virginia where they remained refreshing and recruiting themselves and their horses a few weeks until the company were ready late in the fall either in the month of Novem- ber or December following in the same year he declar- ant cannot now recollect precisely which of these months he declarant with the company again under the immediate command of Lieutenant Law- yers marched to the Islands of Holston in the State of Virginia in pursuit of the enemy and con- tinued marching and watching and protecting the inhabitants against the British until some time after the new year of the following year and then return- ed with the company under the command of Lieuten- ant Lawless to the County of Montgomery aforesaid where they remained about two weeks until the company and their horses were again recruited and prepared for an other campaign and then he declarant with the whole of the company under the command of Captain Edwards of the same company and Lieutenant Lawless above named marched to North Carolina against the Tories and the British there under Lord Cornwallis where where he declarant with the company remained until the fifteenth day of

the month of March above mentioned when he declar- ant was discharged that on the sixth day of this same month of March he declarant with the same company under the Command of Captain Edwards and Lieutenant Lawsons above named being joined with the other American troops there had an engagement or skirmish with the British there on or near by the Reedy fork of Haw river in North Carolina in which the Americans lost six or seven killed and some wounded (declarant does not recollect that he ever knew certainly how many were wounded in that engage- ment - he recollects that William Simpson of Capt Edwards Company fired the first gun on that occa- sion and killed or shot one of the British so that he fell The Americans on that occasion fired several rounds and then retreated to prevent their being surround- ed by the Enemy after that they had fought a short time that Lieutenant Lawsons above named was wounded and taken prisoner on that occasion - he Lt Lawsons was wounded in his right side but re- covered from the wound got well escaped from the British and returned home afterwards - That declarant recollects that it was then stated gen- erally understood and currently believed at that time that the Enemy then lost 70 or 80 killed and about 150 wounded but whether the British then lost so many declarant can not tell nor venture an opinion but certain he is that many of the Enemy were lost as he declarant saw several of them fall he declarant not being more than about good rifle distance from the Enemy when the firing commenced that he declarant recollects that the Regiment to which his Company was attached or belonged on that occasion

and during that expedition was commanded by Major Joseph McClay and he declarant believes by Col Walter Crockett and Colonel Preston of Mtgomery county that on one occasion during this Expedition or Campaign he declarant with his Company under Capt Edwards with the other American troops there were in the pursuit of the British who he understood were under Tarlton and took three of them one Hessian and two British soldiers
that during the time of his service above mentioned many of the Tories were shot and some were killed sometimes wounded and many made their escape part of which he declarant saw but can not now recollect how many he saw killed of the Tories they were always armed and with the enemy on that occasion that he declarant believes as well as he can now recollect that the full name of Capt Edwards was Indrick Edwards that he declarant recollects Colonel Preston during his service thinks he had the command at times over the regiment to which Capt Edwards Company was attached or belonged
that he declarant recollects Colonel Lee General Lee thinks that he was called Colonel also Colonel Washington
whom declarant understood to belong to the regular Army that he declarant was never particularly acquainted with any Officers of the army or service beyond his own Company except that he saw Major McClay when he saw him on parade or commanding — as well as Col Preston and Col Crockett above named

(5) that during his service he declarant was with a part of the same company (to which he belonged) under the command of Lieutenant Sawyers guarding a quantity of Ammunition to protect the same from the Tories while it was being carried from Chisels Mill on New river or New river hills to Holston for the use of the American Army but before they arrived at the place to which it was being carried Lieutenant Sawyers detachment was relieved by an other detachment of the American troops who undertook to guard the Ammunition to the point or place of destination and then Lieutenant Sawyers with his command turned in different direction in pursuit of some British and the the company returned to Mt. Goney County aforesaid this was done during about the months of September and October next after declarant volunteered joining the company and entering the service.
That he declarant entered the service in the month of June immediately next before the month of July of the same year in which he was twenty one years of age as above stated but entered and served as a volunteer as a mounted riflemen in the manner and during the time as aforesaid until the fifteenth day of the month of March following but owing to the lapse of time since, the troubles and misfortunes of life and old age and the consequent loss of memory he declarant cannot swear positively as to the precise day of the month of the June aforesaid when he entered the service or the precise length of his service but according to the

best of his recollection he served not less than the period of below that is to say from some time near a little before or a few days or after the first day of the month of June until he was discharged the fifteenth of the month of March following as above mentioned and for such service he declarant claims a pension - And that owing to the same cause he cannot recollect the date or number of the Year otherwise than as above stated that is that he was twenty one years of age on the fifteenth day of the month of July immediately next after the immediately next preceding month of June in which he entered the service as aforesaid And that he will be eighty years of age according to the best of his recollection on the fifteenth day of the month of July next in the Year one thousand eight hundred and forty one that when he entered the service he resided in the County of Montgomery in the State of Virginia aforesaid and that he was a volunteer and served as such during the period as aforesaid - that he declarant has no documentary evidence - And that he knows of no person whose testimony he can procure who can testify to his service He declarant adds that he has no record of his age and never had any that he found and provided himself with his own horse gun arms and accoutrements clothing and his own provisions and horse feed at his own expense and proper cost while in the service as aforesaid except that his rations and horse feed were found him a few weeks at the Long Island or Holston in Virginia and that his powder and lead were all his own -

ished him by the Government and his horse once shod at the expense or charge of the United States and that he has never received any pay for his services and that he depends on tradition and recollection alone of the facts and state- ments in his declaration having no record or documentary evidence and he has not, nor ever had any written discharge that owing to the circumstances of old age lapse of time and bodily infirmity and consequent loss of memory as above stated he has forgotten much and many of the cir- cumstances of his service especially of the precise dates and periods of times of and many circumstances of his service but that they are all true in substance and facts as above stated - that he was then poor never had been rich though he has hitherto until very recently obtained a moderate competency by honest indus- try and hard labour which he is no longer able to perform and is now at the verge of want and is in fact to some extent dependant on private charity for support of himself and wife who being now about seventy four years of age is feeble from old age and has been wholly helpless and unable to do anything eight years past That declarant cannot state in what year he was born otherwise than as he has above stat- ed that he was born (for the best in- formation that he has and according to the best of his recollection of all the information that he has ever been able to obtain and as he in truth believes he was seventy nine years of age at least the fifteenth day of

July last and will be Eighty Years of age the fifteenth day of July next that he has not and never has had any record of his age that he was born in Shenandoah County in Vir- ginia that he was living in Mtgomery County in Virginia when he volunteered and entered in the service of the United States in the war of the Revolution as aforesaid - that after he served in the Revolutionary war as above stated he continued to live in Mt. Gom- ery County in Virginia until he was about 29 Years of age when he removed to Big Pigeon river in the State of Tennessee where he lived until ab- out 27 Years ago when he removed to Shelby county in the State of Kentucky where he lived about three Years and removed to Monroe township in the county of Clark and State Indiana where he now lives as above stated He was called into the service and served as a volunteer as above stated - He recollects Col or General Lee and Colonel Washington (above named)
who were of the Regular officers and were with the Troops in North Carolina where he served he does not recollects so as to distinguish the continental or militia regiments otherwise than as above stated and that he recollects Colonel Washingtons Regiment or Battalion of light horse or Cavalry Declarant recollects seeing General Pickens in the army but whether he was of the regular army or not declarant can not recollect that he declarant received no written but he received a verbal discharge from Lieutenant Sawyer above named No written dis- charges were given as declarant saw or heard on that occasion.

Then he removed to Franklin county in the state of Indiana where he lived Two Years Then he removed to Dearborn County in the said State of Indi- and where lived about fifteen or twenty Years and Then he removed to -

That he declarant is known to William Lockheart and John Caldwell in his present neighbourhood and many others who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution. He hereby relinquishes every claim to a pension or annuity except the present and declares that his name is not on the pension Roll of the agency of any state
John his  mark Burke
Sworn to and subscribed in open court being the court aforesaid the 25th day of the month of February AD 1841 Attest Henry Warrod Clerk
We William Lockheart and John Caldwell residing in the county of Clark and State of Indiana and John Caldwell residing in (the same) hereby certify that we are well acquainted with John Burke who has subscribed and sworn to the above declaration that we believe him to be seventy nine years of age and upwards that he is reputed and believed in the neighbourhood where he resided to have been a soldier of the Revolution and that we concur in that opinion. John Caldwell William Lockheart

Sworn to and subscribed the day and Year aforesaid in open Court aforesaid
Attest
Henry Warrod CLK
The above named John Caldwell being solemnly sworn according to and in due form of law upon his said oath deposes & states, that he has been acquainted with the above named John Burke who has subscribed & sworn to the foregoing declaration about twenty eight Years and that during all that time the said John Burke has been reputed & believed to be a soldier of the Revolution and that deponent has always believed & never doubted nor heard nor knew it doubted but always concurred in & believed to be true, The same being always understood & spoken of substantially as stated in said declaration.
John Caldwell
Sworn to & subscribed in open Court aforesaid The day and Year aforesaid
Attest
Henry Warrod CLK
The above named William Lockhart being solemnly sworn according to & in due form of law upon his said oath deposes & states that he has been acquainted with the above named John Burke who has subscribed & sworn to the foregoing declaration really fifty Years and that during all that time the said John Burke has been & is reputed to be a strictly honest and honorable man and a soldier of the Revolutionary in the different neighborhoods where he has lived. And that deponent has never heard it doubted & believes it to be true as said declarant has stated in his foregoing declaration that deponent between  about forty Years ago had conversations at different

times with Mr John Hardin and his father and several other gentlemen of standing credit and veracity and who had been acquainted with Mr John Burke the said declarant above named in Virginia in time of the Revolution and those gentlemen in all their conversation informed deponent and stated that they knew said John Burke to be a soldier in the Revolution and that he served therein as such or to that effect - The above information deponent derived from those gentlemen on French Broad river in East Tennessee
William Lockhart
Sworn to and subscribed in open Court aforesaid the the day and year aforesaid
Atty, H. M. (Harrod) Clk.
And the said Court does hereby declare his opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary Soldier and served as he states And the Court further certifies that it appears to said Court that William Lockhart resident of the county of Clark and State of Indiana and John Caldwell resident in the same, and who have respectively the foregoing certificate and who have respectively subscribed and sworn to their respective affidavits as above and next preceding are credible persons and that their statements are entitled to credit (Signed) By the Court
N. M. Gordon

I Isaac Shelby Clerk Pro Tem of the said Probate Court within and for the said County of Clark in the State of Indiana as afore said do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of the said John Burke therein named for a pension.
In testimony whereof I have hereunto subscribed my hand and seal of office this 20th day of the month of August A.D. 1841.
Test I. Shelby. Clerk Pro Tem
30.004 John Burke Indiana
Pat