Revolutionary War Pension and Bounty Land Warrant Application File S. 45262, John Bentley, Conn.

SERVICE
Conn.
Bentley, John
NUMBER
S. 45262
CONTENTS

16205 New York P.
John Dinsley
of Granville in the state of New York who was a private in the regiment commanded by Colonel Olmore of the Connecticut line, for the term of One year.
inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 17 of November 1819
Certificate of Pension issued the 2 of Dec r 1819 and sent to Henry Dinsley Granville New York.
Arrears to 4th of
Semi-ann. all'ce ending March 1820 28.70
\frac{3 \frac{1}{2} 4}{30 \frac{3}{4}}
$ 28.70
{ Revolutionary claim, } { Act 18th March, 1818. }
"Presented by Miss Mary H. Phipps"
Date of death not on A.B.

See Discharge Adm la
Direct answer to Henry Dudley Post Master Granville Washington County N.Y.
Direct to the applicant from the county of Washington N.Y.

State of New York } ss Washington County } 1819
On this seventeenth day of November 1819 before me the subscriber one of the Judges of the court of common pleas in and for said County personally appeared John Bently aged sixty nine and upwards years and some months resident in Granville in the said County who being by me first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the late act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war that he the said John Bently enlisted for the term of one year in March or April in the year one thousand seven hundred and seventy six in Tyringham in the state of Massachusetts in the company commanded by Captain Joel Dickenson of the Regiment commanded by Colonel Samuel Elmore in the line of the state of Massachusetts on the Continental Establishment that he continued to serve in the said corps or in the service of the United States until the seventh of April in the year 1777 when he was discharged from the service at Fort Dayton in the state of New York that he was in the battles at Moses creek and Hark's mills and that he is in reduced circumstances and stands in need of the assistance of his country for support and that he has no other evidence now in his power of his services except the discharge herunto annexed
Sworn to and declared before me the day and year aforesaid Jonathan Wood John Bently one of the Judges
I Jonathan Wood Judge &c. as aforesaid do certify that it appears to my satisfaction that the said John Bently did serve in the revolutionary war as stated in the preceding declaration against the common enemy for the term of nine months at one time on the continental establishment and I now transmit the proceedings and testimony taken and had before me to the Secretary for the Department of war pursuant to the directions of the aforementioned act of Congress I am also satisfied that he needs the assistance of his country for support
Jonathan Wood one of the Judges of the court of common pleas in and for the County of Washington -
Fort Dayton April 7 1819
This may certify that John Bently hath served faith- fully as a soldier in my company Col. Saml. Elmore's Reg't During the term of his enlistment as is now discharged with leave to Return him to New England Joel Dickenson Capt

State of New York - Washington County
I Daniel Shepherd Clerk of the Court of Common Pleas of the County of Washington do certify that Jonathan Wood Esq r by whom the above article was made was at the time and still is one of the Judges of the said Court acting under the authority of the said State and that the name Jonathan Wood thereto subscribed is his hand writing In testimony whereof I have hereunto set my hand and the seal of the said Court November 18 th 1819
D Shepherd Clerk

Matter of John Bentley Revolutionary soldier

State of New York } County of Washington }
On this twenty seventh day of August 1823 appeared before the Court of Common Pleas of the County of the County of Washington, in open Court being a Court of record John Bentley aged seventy six years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the provisions made by the acts of the 18 th March 1818 the 1 st of May 1820 and 1 st March 1823, that he the said John Bentley enlisted for the term of two years in the in the fore part of April in the 1776 in the State of Massachusetts in the company commanded by Captain Joel Dickerson in the regiment commanded by Colonel Samuel Elmer in the line of the State of Massachusetts or Connecticut on the continental establishment that he continued to serve in the corps until the fore part of March or April 1778 when he was discharged from said service in Fort Stanwix in the state of New York, "and I do Solemnly swear that I was a resident citizen of the United States on the 18 th March 1818 and that I have not since that time, by gift sale or in any

manner, disposed of my property or any part thereof, with intent thereby to diminish it, as to bring my- self within the provisions of an act of Congress entitled "an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war passed on the 18 th day of March 1818, and that I have not, nor has any person in trust for me any property or securities or assets or debts due to me nor have I any income other than what is contained in the sched- ule hereto annexed and by me subscribed - That since the exhibition of my first schedule the following  changes changes have been made in my property -
One house sold on an execution to Elijah Button of Granville aforesaid -
Also one cow sold on the same execution -
one heifer and seven sheep sold on the same execution - one old cart and one old waggon
In February or March 1823
at the same time
all sold at the same time
All bed off for with some other articles of my sons, and the avails went to the discharge of said execution against my son and myself -

And I do further swear that I am a Farmer by occupation, but from great age and bodily infirmity am unable to labor at any occupation, and have no children residing with me
Sworn in open court August 27 th 1823 }
John Bentley
M. L. Danner Clerk
I have not since that time, by gift sale or in any

Schedule of the property owned by me John Bentley of the town of Granville in the County of Washington in the State of New York on the 24 th day of August A.D. 1823 and of the Debts owing by me according to the best of my recollection and belief — to wit
   1- Bed and Bedding — $ 12-00   1- Common table — " 50   1- Cupboard — " 75   17- Plates — " 51   2- Old tea pots — " 30   2- Tumblers — " 18   13- Tea cups and saucers — " 25   6- Spoons — " 48   5- Knives and Forks — " 12   5- Punter Plates — " 25   1- Tin tea kettles — " 18   1- Brown Bowl — " 3   1- Bible — " 37   1- Hovey's Meditations — " 15   1- Tin coffee Pot — " 39   1- Tin Pail — " 25   1- Punter Basin — " 12   2- Tin Basin do. " 25   4- Earthen Plates — " 25   3- Old Platters — " 9  

  6 - Bauls $ 11 12   5 - chairs 1 - 00   1 - Old bed 4 - 00   1 - Creamer 11 - 18   2 - Old Pewter plates " 25   1 - Old tea canister " 14   1 - Pewter cup " 9   1 - Pair of andirons " 25   1 - Shovel and tongs 1 - 25   1 - Tea kettle and spider " 50   1 Pat and dish kettle 2 - 00   Other small articles " 50   $ 28 - 46 
Debts Due by me
  To Anold Gray of Hartford in Washington county, borrowed money } $ 45 - 00   Due to Mr Eldridge of Troy $ 17 - 00   Due Mr Northam of Granville $ 4 - 00   Due Mr Hitchcock of Granville $ 0 75   $ 66 - 75 
John Bentley
It is my wish that this bill will sell on in any

State of New York Washington County to wit. I Matthew D. Dawson Clerk of the said Court of Common Pleas in and for the said County of Washington Do Certify that the foregoing are true copies of the Original declaration and schedule of John Bentley as declared sworn to, and subscribed; Affixed and remaining of Record. before the said Court: And I do further Certify that in the opinion of the said Court the total value of the property set forth in the said schedule is twenty eight dollars and forty six cents. and that the debts owing by the said John Bentley are sixty six dollars and seventy five cents. In testimony whereof I have hereunto subscribed my name and Affixed the seal of the said Court this 27 day of August 1823
M. D. Dawson
Filed August 27 th 1823

June 8, 1933
XXXXX XXXXXXX
Mrs. Helen Hopkins Levings Levingshire Plantation Moorhead, Mississippi
JOHN BENTLEY S. 45262 BA-J/MLB Q
Dear Madam:
Reference is made to your letter in which you request the record of John Bentley, of New York, who served in the Revolutionary War.
The data which follow were obtained from the papers on file in pension claim, S. 45262, based upon the service of the only soldier of that name of New York found in the Revolutionary War records of this office.
The date and place of soldier's birth and names of his parents are not shown.
He enlisted in April, 1776, in Tyringham, Massachusetts, served as a private in Captain Joel Dickinson's company, Colonel Samuel Elmore's Connecticut regiment, was in the battles of Moses Creek and Harts' Mills and was discharged April 7, 1777. He rendered subsequent service ending the forepart of March or April, 1778; no details stated.
John Bentley was allowed pension on his application executed November 17, 1819, at which time he stated that he was aged sixty-nine years and some months and was a resident of Granville, Washington County, New York. He was still living there in 1823, and then stated that he was aged seventy-six years and that he had no children residing with him. He then referred to his son, but did not give his name, nor did he refer to his wife.
Very truly yours
A. D. HILLER Assistant to Administrator

No 32
See Mr Edwards

Salem N. York Jan'y 20 th 1820
Dear Sir
I enclose you an application for a pension in favor of William Hanks - I presume from the evidence before the Judge the application is an honest one - Several of a different character have however been made from this quarter - At the last court of General Sessions held in this county, the Grand Jury presented six Indictments for Perjury committed in affidavits made for obtaining pensions - I am the public prosecutor in this county and want either the original papers or Exemplifications of them in order to proceed to the trials on the first Tuesday of March next - Bills of Indictment returned against John Bently, Noah Dey, Nathan Taylor & Samuel Taylor applicants for pensions; and against each went a witness for the two former, and Joseph Taylor a witness for the two latter - I shall therefore want either the originals or exemplifications of the papers in the case of said applicants

Be good enough to have them sent to me as soon as possible —
I am Dear Sir very respectfully
Your obedt Servt
John Savage
Hon. J. C. Calhoun or J. L. Edward Esq.

In the Matter of John Bentley, Newton and Soldier
Petition.

To the Honorable John C. Calhoun Secretary of The War Depart- ment of the United States of America
The undersigned Inhabitants of the Town of Granville in the County of Washington and State of New York Respectful- ly Represent that they are informed that John Dinty of Gran- ville aforesaid an old Revolutionary Soldier has applied or is about to apply for a pension, granted by the County of Government to those in distressed circumstances, who faithfully served the Nation in its struggle for Independence, And we Respectfully represent to your honour, that we wish he may be successful in his application as we have long known, and considered him, as an honest and member man, and in his station a good Member of Society, that he has had troubles in his family, and is now reduced to absolute Indi- gence, and is surrounded with infirmities the effect of age which render him unable to support him self, without the care Charita- ble aid of the Government, or of the Community in which he resides Dated Granville August 8th A D 1823
Caleb West Noah Day - Hosea Day
Patrick Lee David Northum W. F. Hitchcock Thomas Smith Ruben Skinner Henry T. T. T. T. Reuben Jones Asa Northum Thomas Hewitt Edward Smith

Mr Edm... John Bentley was was dropt from the roll in 1820 on account of supposed perjury - evidence in case of.
John Bentley 6 Bathurst W. W. ... W. ... Rec. 4 June 18...

Greenville Washington Co. N.Y. May 24 th 1824
Wm H C Cathcart Secretary of War
Sir, Inclosed is a letter from the Wm John Savage in the matter of John Bentley together with the certificates referred to by Mr Savage, which I think will satisfy you that Mr Bentley is a fair object of assistance from his Co Country
Yours Respectfully J G Gannet

This Letter part
The Honorable John C. Calhoun Secy of War Washington City

New York May 18. 1824. —
Dear Sir
By a-1"> By a letter which I had the honor to address to you bearing date the 9 th March 1820. I stated to you that at a court of General Sessions then lately held in Washington County I had been appointed as public prosecutor, to prove that John Bently, who had been indicted for perjury in some to his second circumstanced, was in fact an independent farmer — such testimony I had, and at that time had no doubt but that such was the fact — I then knew nothing personally on the subject nor do I now. — I have now before me the certificate of Isaac Bishop & Asa Northern Esquires & several other stating his points — These gentlemen are men of unquestionable veracity and respectability, and I have the most perfect

confidence in what they state - or undoubtedly true. Then for that whatever may have been Mr. Benthys circumstances when he first obtained a pension, he is now poor, and in need of assistance - Having understood that my former letter was an obstacle in the way of his obtaining a pension, I have felt it my duty to make this communication -
I have the honor to be with great respect
Your obed Servt John Savage
Hon. J. C. Calhoun Secy of War.

100 To the Hon John Savage
Sir
The undersigned inhabitants of the town of Granville Beg leave to represent that in their opinion John Bently will shortly become a public charge as a pauper unless he receives assistance from his country - And in relation to the complaint made against him when you was District Attorney we believe that he was not sensible of any impropriety of the course taken by him and that if any thing was done improperly it was done from the bad advice of his friends -
Therefore we hope you will be willing to write to the War department so as to do in way the effect of your letter on the above mentioned subject. Granville March 1 st 1824
Claird Smith Horace Smith Thomas Hewitt Joseph Brown Amos Smith Samuel Brown David Northum Bill Dean
I hereby certify that the men who have subscribed above this petition reside in the neighborhood of John Bently and that they are respectable men - and that in my opinion Mr Bently will become a charge to the town unless he obtains a pension soon - he is very poor and should be glad if he could receive a pension
Ag d Northum

Dear Sir
I am acquainted with all the People, signers of the with in they are all respectable citizens of this Town, and I have no doubt but they have represented the truth, Bently is truly Now-Poor, and for before the unfortunate occurrence took place aluded to he was considered an honest industrious, ignorant old man.
yours.
Isaac Bishop
May 10 th 1824
Honab. J. Savage.
Always my friend

March 1823
John Bousfield
Recd Sept 1823
John Bousfield
Granville N.Y. 2 Sept.

Granville Washington Co. N.Y. Sept 2 - 1822
Hon. J. C. Calhoun Secy. of War &c.
Sir Enclosed are the papers to renew the Pension of John Bentley of this place - you will please to return your answer to me at this place with the interest if there is any difficulty yours &c.
Samuel L. Tanner.

1841
Hon. J. C. Calhoun Secy of War Washington
Mr. E. [?]

Washington Jan'y 6 th 1825
Sir
In compliance with your request, I submit to your consideration some remarks on the case of John Bentley. His pension is suspended on the ground of an alleged perjury in swearing to the amount of his property. He was indicted at the instance of Government but never brought to trial, but is suffering all the consequences of a conviction, so far as respects his relation with the Government. I well remember the time when Bentley was indicted. Several others were indicted at the same time who were no doubt guilty, and from the then state of public feeling very slight circumstances unexplained and uncontradicted would be sufficient to involve an innocent man with others who were guilty. But after all Sir, the indictment is but ground of suspicion. It is not conviction. No Court can presume judgment upon it, and I may permitted, without incurring the charge of presumption, to question the propriety of the adoption of a rule by the Government directly opposed to one founded in the reason and nature of things, and sanctioned by the authority of ages. Every man is presumed innocent until he is proved guilty, and he can not be proved guilty but upon trial, when he has an opportunity of being confronted with his accuser.

and doing away the suspicion of an Indictment by explaining or contradicting the facts which produced it. It should never be forgotten I think that the Indictment is founded upon ex parte evidence entirely; and the first the accused knows, he is convicted without a hearing or trial. This injustice seems the more violent when it is considered that the Government have the power to compel a trial and the accused has not, and in this case has not as I am informed been able to obtain one.
The presumption of innocence in favor of Bentley is further strengthened by the voluntary interposition in his behalf of a number of his neighbors and acquaintances, who have known him for many years, and whom I know to be men of integrity and great respectability. They believe him innocent, or they would not have interfered. I know them incapable of countenancing a fraud upon the Government, and it seems impossible that Bentley should have been in the occupation and possession of a farm and the reputed owner of it, and they not know it. Their certificate has satisfied Judge Savage that he might have been mistaken, and I must say I am convinced

That he was. — Should I not be so fortunate Sir as to procure a reversal of your decision, we claim at least the benefits of a trial and the privilege of a Conviction if we must be punished — — You will be pleased to consider me Sir in the light of an Advocate, except where I state my own knowledge, and as exercising the freedom of an advocate, without any im- -peachment of the tribunal before whom I plead.
With great Respect & Esteem I am Sir Your Humble Servt
Harry C. Martindale I were in this and

New York
John Bentley Private Sold 2 years from 1776
Schedule under act of 1 st March 1823, dated 7 th August, 1823 A few articles of furniture including 1 bed & bedding, $28.41 Dues $11.75
1 mare, cow, heifer & 7 sheep Sold under execution in Feb. 1823, - Bentley was dropped from the Roll in 1820 in consequence of a letter from John D. Savage Esq. United States Attorney for the district in which claimant resides (State of New York) stating that an indictment was pending against him for having committed perjury in swearing to their reduced circumstances, Subsequent- ly, a letter has been received from Mr Savage dated Mar. 18 th 1824 stating that he has the certificate of Isaac Bishop & Asa Northum Esq. & several others stating claim- ants poverty. Mr Savage states that these gentlemen are men of unquestion- able veracity & respectability, and that he has the most perfect
confidence in what state, and that whatever Mr Bentley's circumstances have been at the time of his having received a pension, he is poor, and in need of assistance, affidavits exhibited, of Isaac Bishop, Asa Northum and
Claimant aged 76, - farm by occupation from great age. Bodily infirmity unable to labor
see letter 24 Jan. 1825, to Hon. H. C. Martindale H. R.
March, 1820

Salem, Ky 9 March
April
From Mr. Savage
The Hon ble
John C. Calhoun Secy of War Washington
Mr. Calhoun By my Agent

Salem N. York March 9, 1820
Dear Sir
I have had the honor to receive your favor of the 8 th ultimo accompanying Exemplifications of the papers on which pensions were granted to Nathan Taylor Samuel Taylor & John Bentley against whom Indictments were pending in this county for perjury committed by them in swearing to their reduced circumstances. The Court of General Sessions yesterday decided that they have no jurisdiction of the offence, being one created by a Statute of Congress and cognizable solely in the courts of the United States - I think the decision is correct - and as the United States courts none of them sit within a distance of fifty miles from the residence of the witnesses, I presume they will hardly be inclined to pursue the subject there. I had witnesses present to prove that these men are all independent farmers - These are not the only

cases of fraud, there are two at least who reside in me whose circumstances are easy who yet draw an officers pension - This is a subject on which there is much complaint among the People; and I write now at the request of several respectable men to enquire whether there is any mode of preventing to you the imposition which has been practiced short of a conviction for perjury - There is no blame imputed to the War Department - but the Judges who transmitted the testimony have either been corrupt in many instances or shamefully negligent of their duty - I no doubt there are many cases of imposition upon them - - If there is any mode of proceeding by which such men may be dropped from the pension list, I should be glad to be informed of it that the public munificence may not be so grossly abused as it is now in several cases within my knowledge. - I am Sir with great esteem Your obedt Servt John Savage Hon. S. C. Calhoun

45262
INVALID.
Recy
File No. 45-262
John Bentley Prin Rev War
Act: 18 March 1818
Index:—Vol. 3, Page 34
[Arrangement of 1870.]
1905 June 19. Mrs. Jas. H. Soldell Chicago Ills - wife of Jerome (W) 1914 Apr. 18. Mrs. E. M. Bentley referred to Aud. for last payment. $ 1923 June 8. Hist. to Mrs. Helen H. Leavings - M.L.B.

May 31 st 1905
Chief of Pension Office
Sir:
From Adjutant General's office Hartford, Conn. I have, sent to me, "John Bentley, a private, pensioner of the state of Conn., act of 1818. Residing in New York."
Will you kindly give me full record of this John Bentley, that I may find the name of his wife and where in Conn. he resided, also where in New York.
Thanking you for every favor you may extend, I am yours courteously
Mrs. James H. Lrobdeil
6212 Woodlawn Ave.
Chicago Ills.

EDWARD M. BENTLEY 52 WILLIAM STREET NEW YORK
Hon. Commissioner of Pensions, -
Dear Sirs -
I am anxious to gain some information in regard to a pensioner of the Revolutionary War, - one
John Bentley,
Served one year in war from April 1776 - Conn. Troops, Capt Joel Dickson.
Col. Samuel Elmore.
Applied for pension Mar. 17, 1819. at that date a resident of Granville, Washington Co. N. H.
Will you tell me the

to him date of the last payment 11 of his pension, and where he was then living?
Also, if the pension was continued after his death, who were the beneficiaries?
An early answer will greatly oblige
Yours truly Mary M. Bunting (Mrs. E. M.)
April 14 th .

LEVINGSHIRE PLANTATION
MOORHEAD, MISSISSIPPI
NELSON TRIMBLE LEVINGS
May 16, 1933.
Record & Pension Office, Washington, D.C.
Gentlemen:
In making application to the D.A.R., I am writing you to ask if you will kindly assist, through your records, the war records of my revolutionary ancestor. In connection with this, I set forth below the necessary genealogy:
only one for info ✓ John Bentley , Revolutionary patriot (do not know rank, but he was distinguished in the service and was from New York State).
Son-----John Bentley Jr.
Grandson-William Henry Harrison Bentley
Great-granddaughter----Mrs. Harriet Bentley(Hopkins)
Great great granddaughter---Mrs. Helen(Hopkins)Levings
Will you look up the record of John Bentley of New York for me and give me his record in the Revolutionary War, and also any other information your files might contain that would be of service to me.
Thanking you in advance, I am,
Faithfully yours,
Helen Hopkins Levings
Mrs. Helen(Hopkins)Levings

Rev. War Section.
April 18, 1914.
Mrs. E. M. Bentley. 52 William Street. New York City.
Madam:
In response to your letter dated the 14 th instant, relative to John Bentley you are advised that in order to obtain the date of last payment of his pension and name of the person to whom it was paid, application should be made to the Auditor for the Interior Department, U. S. Treasury Department, giving him all of the following data:
"John Bentley. Certificate No. 16,205. For $8. per month from November 17, 1819, issued December 2, 1819, under the Act of March 18, 1818. at the New York Agency."
Very respectfully,
Commissioner.

C O P Y
Jan. 24, 1825
Hon. H. C. Martindale
The Secty of War has rec'd your letter in relation to the case of John Bentley & read your arguments on the subj. but can discover no reason for changing his opinion.
He has directed me to inform you that if you are acq. with any facts to prove that the clmt was not in indigent circumstances at the time the first inform. against him was given by Mr. Savage, the communication by you of such facts to the Dept. will probably remove the objection to the admission of the claim.
He was under the impression that you were in possession of such facts when he required a written statement from you.
(Signed) J. L. EDWARDS
Hon. H. C. Martindale

Copy
War Dept., Pen. Office Feb. 8, 1820
John Savage, Esq. Salem, New York
Sir:
Your letter of the 20 th ulto. was duly received. In compliance with your request I now transmit the exemplifications of the documents on which the claims to pensions of Nathan Taylor, John Bentley and Samuel Taylor were admitted. Should the original be required in the pending trial, they will also be sent. Noah Dey's claim has not been admitted for want of proof of service. Should the papers, however, in this case be returned to this Dept. I will direct that they be immediately sent to you, to be used as occasion may require.
J. C. C.