Revolutionary War Pension and Bounty Land Warrant Application File S 18783, Abijah Cross, Mass.

SERVICE
NUMBER
Mass
Cross, Abijah
S 18783
CONTENTS
Carded

21.132
Massachusetts
21.132
Abijah Cross
of Essex in the State of Mass who was a private in the Grp commanded by Captain Peabody of the Reg commanded by Col. Francis in the Mapts line for 8 Mos
Inserted on the Roll of Mass at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 20 day of Aug. 1832 and Asa Fitchney Metaphor
Arrears to the 1st Dec. 32  $23.33 Sem-ant. allowance ending 4 Sep. 32  12.33 36.66
Revolutionary Claim, ? Act June 7, 1832. S
Recorded by C. C. Stiles Clerk Book E Vol. 2 Page 13
Letter to do to Hon Auditor 1. Paid at the Act of the 4 Sep 1835 Note filed
J. Henry 31. May 1838. C. Cushing and 3. Aug 1838. Treasury under the 1 April 1838 from to 4 Sept 1837. aft 10 Aug 1838.

Mijah Cross Maps
Printed 8 months
1606 May 28 1853 O 409
15132
John Tenney Methane mch

BRIEF in the case of on of Essex
Abijah Gros 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? 74  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.     July In 1776 enlisted 4 .. .. Private Gen. Cap. Peabody Col. Brannan   Aug st . 1777 4 .. .. " Cap. Johnson Col. Johnson  
 5. In what battles was he engaged? Battle of Still water  6. Where did he reside when he entered the service? Essex Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional Three living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attested agreeably to the regulation. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

Abijah Cross
15732

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this twenty fifth day of September A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Abijah Grafton , a resident of Methuen , in the County of Essex and State of Massachusetts, aged 74 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, 1832:
That he entered the service of the United States, under the following named officers, and served as herein stated:
in his first engagement under Capt John Peabody in the regiment commanded by Col. Francis, that he entered the service at this time as a volunteer on the last of July or first of August A. D. 1776 under an engagement for four months which he served out and was dismissed regularly on the last of November or first of December following, that he resided at Methuen aforesaid when he entered the service, and marched directly to Dorchester near Boston where he was stationed during all the time of said four months.
2. That he again entered the service of the United States as a volunteer for four months in August A. D. 1777, under Capt Samuel Johnson in Col. Johnson's regiment; was organized at Andover Mass. and marched first to Manchester Vermont, from thence to Pawlet, Vermont, from thence marched westward to the Hudson river and joined Gen Gates' army at or near Stillwater, was in the battle at that place; and after the surrender of Burgoyne, marched to White-Plains and was regularly discharged after serving the full term of his engagement, viz, four months; that he resided at said Methuen at this time. that he has no written discharge and knows of no documentary evidence by which he can prove either of the aforesaid terms of service. And he declares that he served the United States under both engagements Eight months.

and he further declares that he was born in Methuen aforesaid July, 8 th 1758, when his first birth is recorded, and that he has always resided there.
He hereby relinquishes every claim whatever 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.
Abijah Cross
Sworn to and subscribed the day and year aforesaid
R. H. White
JUDGE OF PROBATE.
We, Charles C. Kimball a clergyman, residing in Methuen aforesaid, and Benjamin Osgood Esquire, a magistrate, residing in Methuen aforesaid, do hereby certify that we are well acquainted with Abijah Cross who has subscribed and sworn to the above declaration; that we believe him to be 74 years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
Charles C. Kimball Benja Osgood
Subscribed and sworn to before
John Tenney, Jus. Peace

And the said Court hereby declares its opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that Charles O. Kimball , who has signed the preceding Certificate, is a Clergyman resident in Methuen , and that the said Benjamin Osgood , who has also signed the same is a Magistrate resident at Methuen , and is a credible person and that their statement is entitled to credit.
Robt White Judge of Probate
Signed and sealed anew this thirteenth day of June, A.D. 1833. Nath. Lord Jr.
I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Abijah Cooss for a pension.
I also certify, that John Tenney , before whom the foregoing certificate of Charles O. Kimball and Benjamin Osgood purports to have been sworn, is a justice of the peace for said county, and that the signature annexed is his genuine signature; also that, annexed to each of the affidavits of John Richardson and Aaron Noyes , herewith.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this twenty fifth day of September, A. D. 1832.
Nath. Lord Jr.

I William Croff of Haverhill in the county of Grafton & State of New Hampshire aged eighty four years do hereby testify & say that my brother Elijah now lives in Methuen in the State of Massachusetts. That I know in the year 1776 he enlisted into Capt. John Peabody's company for four months & marched to Dorchester near Boston where he served out his time. & where I occasionally visited him during the period of his enlistment.
I further testify that they since Elijah & I were both in Capt. Johnson's company in Col. Johnson's regiment he was a volunteer & I was drafted. both then living in said Methuen. Our regiment went to the westward & were both in the battle Stillwater at the capture of Burgoyne. We were both absent more than four months.
William Croff
Grafton Sept. 10. 1832
Seven to before
Holliswood J. D.
I have twenty eight years acquaintance with the above deponent William Croff & very cheerfully say that there is no one more to be relied on for truth & veracity.
Holliswood J. D.

State of New Hampshire
Grafton ss
I George Woodworth Clerk of the Court of Common Pleas for the county of Grafton do certify that George Woodworth is a justice of the peace within & for said county of Grafton duly qualified to take affidavits & that I know the within to be his genuine signature.
Witness my hand & the seal of said Court this tenth day of September 1832
G. Woodworth Clerk
Wm Cross Affidavit

P 18783 INVALID.  Am
Jan'y 15 1901 Mrs. A. S. Cross San Francisco, Cal
File No. 18783
Abijah Cross
Rev Rev Mar
Act: June 7 th 82
Index:—Vol. 1 , Page 83
[Arrangement of 1870.]

I John Richardson of Methuen in the county of Essex and Commonwealth of Massachusetts aged eighty one years depose and say that I knew Abijah Crops of Methuen aforesaid: that in August 1777 I enlisted into the service of the United States as a soldier under Capt Samuel Johnson in Col Johnson's Regiment, was organized at Andover Mass and marched first to Manchester, Vermont, from thence to Pownal Vermont, from thence I went in a scouting party to Lake George's landing & Diamond's Island and afterwards joined the main body of Genl Gates' army at Stillwater. after the surrender of Burgoyne I was marched to White Plains and being stationed there about four weeks I was regularly dismissed after having served about four months; the aforesaid Abijah Crops enlisted at the same time with me & served in the same company all the aforesaid term, except when I was constantly with him except when I went in the scouting party under Col Brown Lake George's landing, and have therefore no hesitation in saying that said Abijah Crops served the United States as a soldier in the Revolutionary war under the aforesaid engagement four months and was regularly discharged. I also have no hesitation in saying that said Abijah Crops was a soldier in the service of the United States three or four months in latter part of summer and fall of 1776 and was stationed at Dorchester. I was stationed there at that time, and although from the lapse of time I cannot positively say  recollect  that he served the full term of service of seeing him there all the aforesaid time, still from certain circumstances I have no doubt that he did serve as aforesaid
John Richardson

Commonwealth of Massachusetts
Essex ss September 5 th 1892. Personally appeared the within named John Richardson and made solemn oath that the within affidavit by him subscribed is true. Before me,
John Tenney, Jus. Peace.
I hereby certify that I am well acquainted with the above within named John Richardson, and that he is entitled to full credit for truth and veracity
John Tenney, Jus. Peace

I, Aaron Noyes of Andover in the county of Essex and Commonwealth of Massachusetts aged seventy four years depose and say that I know Abijah Gaps of Methuen in said county of Essex, and I know that he served the United States as a soldier in the Revolutionary war under Capt John Peabody in Col. Francis' Regiment four months from the last of July or first of August A.D. 1776 to the last of November or first of December following, and that he was regularly discharged after completing his term of engagement, viz four months; I enlisted with him, served in the same company with him during all the time of said term of four months, and was discharged with him; We were stationed all the time at Dorchester  Roxbury near Boston.
Aaron Noyes
Commonwealth of Massachusetts Essex ss. September 12 th 1892 Personally appeared the above named Aaron Noyes and made solemn oath that the above affidavit by him subscribed is true. Before me.
John Tenney, Jus. Peace
I hereby certify that I am well acquainted with the above named Aaron Noyes, and that he is entitled to full credit for truth & veracity John Tenney, Jus. Peace

Treasury Department,
Second Comptroller's Office, August 6, 3 P. 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Nezah Cross - a Pensioner on the Roll of the Massachusetts Agency, at the rate of twenty six Dollars and sixty six Cents per annum, under the law of the 7 th June 1832 - has been paid at this Department, from the 4 th of Sept. 1835. to the 4 th of Sept. 1837.
Respectfully, yours,
Albin N. Parrish Comptroller
To the Commissioner of Pensions, Present.

Mr. G. Warren
FREE
War Department Pension Office Washington D.C.

Methuen May 22. 1838
To the Commission of Pensions
Sir. Mr Abijah Cross. The person named in the inclosed paper, having neglected to apply for his pension for more than one year, in consequence of his pension being small, and it being inconvenient & expensive for him to go to Boston personally or to send for it: he therefore requests that special direction be given to the agent in Boston to pay his pension as specified in the inclosed paper of attorney.
John Tenny

15132
Abijah Cross
John Tenney Esq Methuen Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of  Majah Brooks  which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy 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? yy 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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?
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
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? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so 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 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. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
REQUIRE 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.
REQUIRE 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.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.