Revolutionary War Pension and Bounty Land Warrant Application File W. 19760, Elijah Herrick, Mass.

SERVICE
NUMBER
Mass.
Herrick, Elijah Hannah
W 19760
CONTENTS

2425
Vermont Maple
Hannah Herrick widow of Elijah Herrick who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 80 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 14 day of Dec r 1847 and sent to
Hon. G. S. D. March Hof R
Recorded on Roll of Pensioners under act February 2, 1848, Page 55 Vol. 3,
Repeated Dec r 16/48

State of Vermont District of Chittenden ss }
On this nineteenth day of March, 1847, personally appeared before the Hon. Probate Court within and for said district of Chittenden, Hannah Herrick, a resident of Milton, in the County of Chittenden and State of Vermont, aged eighty seven years, who, being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress, passed July 7, 1838, entitled, "An act granting half pay and pensions to certain widows" and the acts of March 3, 1843, and June 17, 1844, continuing pensions to certain widows.
That she is the widow of Elijah Herrick, who was, as she believes, from what she heard him say, in his lifetime, a private in the Massachusetts troops during the revolutionary war, that he enlisted in the year 1776, as she believes in Capt. Wheeler's Company (afterwards Col. Wheeler) for the term of three years, and served out his time, but she is unable to state the regiment to which he belonged, nor the particulars of his service, though she frequently heard him converse upon the subject and related incidents of his service during his lifetime, and she refers to the revolutionary rolls in the pension office to substantiate his service. She further declares

that she was married to the said Elijah Herrick on the twenty eighth day of April, in the year Seventeen hundred eighty seven , in Tyringham in the State of Massachusetts; that her husband the aforesaid Elijah Herrick, died in said Milton in the month of October (the day she does not remember) in the year Eighteen hundred and eight, that she was not married to him prior to his leaving the service, but the marriage took place previous to the first day of January, Seventeen hundred and ninety four, viz, at the time above stated, and she is still a widow.
Witness,
W m Weston
Hannah J Herrick mark
Sworn to and subscribed on the day and year above written, before me, and I certify that the said declarant is a person of truth and veracity.
Charles Russell Judge of Probate.
I further certify that the word Seven, in the third line from the top of this page was written on an erasure before signing.
Charles Russell Judge of Probate

State of Vermont District of Chittenden ss.
I William Weston, Register of the probate court within and for said district, do hereby certify that Charles Russell, before whom the foregoing declaration was made and sworn to, was, at the time of taking the same, and still is judge of said probate court, and that the signatures to the foregoing certificates purporting to be his are genuine.
In testimony whereof I do hereunto affix the seal of said court and subscribe my name at Burlington in said district this 3 rd day of April, 1847.
William Weston, Register.

10 1/2 11/109 Declaration
Hannah Hornick widow of Elyah
Hornick a 17 July 1838
Married before 1794 husband died 1808

State of Vermont } Chittenden County p. }
I, Sally Drury, of Westford, in the County of Chittenden and State of Vermont, testify and say that I was seventy years old on the 23 d day of October last. I was born in the town of Tyringham, in the State of Massachusetts, on the 23 d day of October, 1777, as appears from the record of my birth, recorded in my family bible. In my childhood, and previously to the marriage of Elijah Herrick (formerly of Worthington, Ms) to Hannah Russell (now Hannah Herrick of Milton, Vt.) I resided in the family of John Russell, in said Tyringham, who was the father of said Hannah Russell, and I was present, and saw the marriage ceremony performed when the said Elijah Herrick was married to the said Hannah Russell, and I remember distinctly that said marriage took place after I was nine, and before I was ten years old, and said marriage took place at the house of said John Russell, father of said Hannah, in said Tyringham, where I then resided. I also remember the dress which the said Hannah wore when she was married. "It was a dark chintz dress with a smallish set flower on it." After their marriage, the said Elijah Herrick and his wife lived in the family of the said John Russell in said Tyringham, where I also resided, until the said Elijah and his wife removed to Vermont. They removed to Vermont soon after their marriage and

I came with them and lived with them in Rutland and Pittsford, V t , until I was married to my late husband Isaac Drury. I was married to said Isaac Drury in the year 1793, and in February, 1795, I removed with my husband, from Pittsford, to Milton Vermont, and afterwards the said Elijah Herrick and his family removed into said Milton, where he died, and where the said Hannah Herrick, his widow, has ever since resided. I continued to live in said Milton until about twenty years ago, when I removed into Westford, a town adjoining said Milton, where I have ever since resided. I have been intimately acquainted with the family of the said Elijah Herrick and Hannah Herrick from my childhood, and have always understood, from the time of his marriage, as above stated, that he was a soldier, during the revolutionary war, and that he lived in Worthington, Massachusetts, during the revolutionary war, and I have often heard him converse, during his lifetime, of his residence in said Worthington, and of his relatives and friends who resided there.
The said Elijah Herrick died more than thirty years ago. I attended his funeral.
Sally Drury
Sworn to and subscribed this nineteenth day of November, 1847, and I certify that the said Sally Drury is a woman woman of truth and veracity and of intelligence and clear mind. Wm Weston. Justice Peace.

We the undersigned, Select men of the town of Westford, Vt, testify and say that we have been acquainted with Mrs Sally Drury, who has made the foregoing affidavit, for many years past and that she is a woman of intelligence and strong mind and memory and of undoubted truth, and, in our opinion, her testimony is entitled to full faith and credit.
Reuben Farnsworth L. B. Allen
Selectmen of Westford Vt.
Sworn to and subscribed this seventh day of December 1847, before me, and I certify that the above named affiants, viz Reuben Farnsworth and L. B. Allen, are Selectmen of said Westford.
E. A. Henshaw Justice Peace.
I certify that the above intimation in my certificate was made before signing - E. A. Henshaw Jus. Peace

V Record.
BIRTHS.
Ephraim Herrick was born January 19 th 1789.
Elijah, born March 4 th 1791
Erastus born May 22 nd 1793.
John Raphael born April 4 th 1795
Raphael born Feb 17 th 1798.
Phineas born July 25 th 1803
Stephen born April 29 th 1800.

Family
MARRIAGES.
Elijah Henrich was married to Hannah Ruppel. Apr 20 th 1787.

Rev
WIDOW, &c.
File No. 19760
Hannah Herrick
Widow of Elijah Herrick Pr. New Han
Act: Feb 28 48
Index:—Vol. 84 , Page 326
[Arrangement of 1870.]

V. N 13449 Hannah Bernick VT Ld. to W m Weston, Sept. 9th '47
act 7 July 1838

State of Vermont } Chittenden County p. }
I Elijah Herrick, of Milton, in the County of Chittenden aforesaid, testify and say that I am a son of Hannah Herrick, of said Milton and of Elijah Herrick, formerly of said Milton, deceased; that my father died at said Milton on the seventeenth day of October, A.D. 1808; that I was present when he died and attended his funeral. I further testify that I have frequently heard my father state in his lifetime, that he served three years during the revolutionary war, in the Massachusetts line of the Continental Army; - that this service was performed at two different periods, in consequence of his being sick. While he was sick, he stated, that he went home on a furlough, and, after his recovery, he returned to the army and served out his time. He stated that he first went with our army to the South, and was afterwards in the Northern Army, under Genl Gates, and was at the taking of Burgoyne. My mother the said Hannah Herrick (whose maiden name was Russell) has never married since the death of my father, and is still a widow. I was born on the fourth day of March, 1791, as I have always understood from my parents, and my birth is so recorded in our family bible. and my father and mother's marriage is also recorded

in said family bible, which records were copied into said family bible, about twenty years ago, from an original record in an old bible belonging to my mother, by one Durkee, a school teacher in our neighborhood, which old bible has long since been worn out and destroyed.
The leaf herunto annexed, is the one taken from the family bible , on which my parents' marriage is recorded, and also the births of their children.
My father was a resident of Worthington, Ms., previously to, and after the revolutionary War, and removed from Worthington into Rutland County, Vermont, and thence to Milton, V t , where he died, and where his widow, and myself have ever since resided. Elijah Herrick
State of Vermont } Chittenden County ss. }
Burlington, April 3, 1847
Then the above affidavit sworn to and subscribed before me. And I certify that I have been acquainted with the above named Elijah Herrick for more than ten years last past, and that he is a man of undoubted truth and veracity.
Wm Weston, Justice Peace,

State of Vermont Secretary of States office.
I James McM. Shaffer, Secretary of State within and for the State of Vermont, do hereby certify, that William Weston, before whom the foregoing affidavit was taken and sworn to, was at the time of taking the same, and still is a justice of the peace in and for the county of Chittenden, duly commissioned, and that the signature to the certificate thereto, purporting to be his, is genuine.
In testimony whereof I do hereunto affix my official Seal and subscribe my name, at Burlington, in said County of Chittenden this 11 th day of August, 1847.
J. McM. Shaffer

Commonwealth of Massachusetts.
Secretary's Office, Boston:
April 6 th 1847.
I hereby Certify, That, from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Olijah Herrick , is borne upon an Account in Army Books as a private in Capt Barnes's Company, Col Nixon's regt, and there credited by his service from March 20 1777 to December 31 1779. 33 Months and 11 days at $40 00 per Month, — and charged to a Bounty of $27 paid him by the town of Worthington, April 1777 — Upon another account in said books as a private in Capt A. Holden's Company, Col Nixon's regt, and there credited by his service from January 1 to March 10 1780. 2 Months and 10 days, at $40 00 per Month, — enlisted for 3 years
The above is all the evidence of service of any one of the name shown by the military records in this department.

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Taylor,
Secretary of the Commonwealth.

I, Hannah Herrick of Milton in the County of Chittenden, and State of Vermont, am the widow of Elijah Herrick, deceased, who was a soldier in the Revolutionary war, and served, as I have often heard him state, in his lifetime, in the Massachusetts troops, but I am unable to state the particulars of his services, though I believe that he served for the period of three years, in all.
And I do hereby constitute and appoint John Weston, of Burlington, in said County of Chittenden, my true and lawful attorney, for me and in my name, to cause the records and revolutionary papers in the office of the Secretary of State in Massachusetts to be examined for the purpose of proving the services of the said Elijah Herrick during the revolutionary war, and to do any other act or thing that may be lawfully done to procure for me a pension under the laws of Congress on account of the revolutionary services of my late husband, the said Elijah Herrick.
Witness my hand and seal this 11 th day of September A.D. 1846.
Hannah Herrick
Sealed and delivered in presence of us Wm A Granger A J Davis
State of Vermont Chittenden County } Milton Sept 11 th 1846. Then Hannah Herrick, the signer and sealer of the

above instrument, personally appeared before me and made oath, in due form of law, that the facts above stated are true, according to her best information, knowledge and belief, and she also acknowledged the said power of attorney to be her free act and deed And I certify that I am acquainted with the said Hannah Herrick, and that she is a person of truth and veracity.
R. Sanderson Justice of the Peace

State of Vermont. ss { I Elisha F. Mead Deputy Chittenden County. ss { Clerk of Chittenden County Court, do hereby certify, that R. Sanderson before whom the foregoing affidavit was taken and sworn to was at the time of taking the same and still is a Justice of the Peace in and for said County and that the signatures to the certificate, pur- porting to be his, is genuine.
In testimony whereof I do hereunto affix the seal of said Court and subscribe my name, at Burlington in said County this 8th day of November A.D. 1846
Elisha F. Mead

Burlington Vt. March 19. (1847)
Sir.
I enclose the power of attorney of Hannah Merrick, widow of Ephraim Elijah Merrick, deceased, a claim- ant for a pension.
Please cause the records in your office to be examined and send me a certificate of Ephraim Elijah Merrick's services. I learn that he resided in Worthington, Vt., at the time of his enlistment; that he enlisted under Capt Wheeler, (afterwards Col Wheeler) in 1776, for three years, and served out his time.
Some months since I sent you two powers of Attorney to obtain testimony of revolutionary services from which I have had no reply.
I am very respectfully Your obed Servt
Wm Weston.
Wm G. Saffrey Esq

10400
Reported
Vermont
Hannah Herrick
Widow of Elizab Herrick who was a pensioner under the Act of — and who died on the — in 1808 of Chittenden in the State of Vermont who was a Private in the Comp y commanded by Captain Wheeler of the Regt commanded by Col. Wheeler in the New Hampshire line for 2 years
Inscribed on the Roll of Mountpelier at the rate of 80 Dollars Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 7 th day of Feb. 1848 and sent to Vern. G. D. Mansfield
Total amount, $ 400.00
[Act July 7, 1838.]
Recorded by H. D. Mansfield Clerk, Book D Vol. 1 Page 145

8315 Almond  Mont.
Reported
Hannah Werrick widow of Elijah Werrick who was a Private in the Philadelphia
Inscribed on the Roll at the rate of 80 Dollars
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 7 th day of Feb. 1848 and sent to
Hon. G. P. Marsh Commr of Pensions
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book  Q Vol.  2  Page  63.

Hannah Herrick widow of Elijah Herrick.

Burlington December 20. 1847
Dear Sir.
In August last, I enclosed to Mr Edwards the declaration of Hannah Herrick, of Milton, widow of Elijah Herrick, deceased, for a pension.
In September last, I received from Mr Edwards a letter of which the following is a copy.
"Pension Office, Sept. 9. 1847.
"Sir.
The papers in the case of Hannah Herrick, widow of Elijah Herrick, deceased , have been examined and filed under the Act of July 7. 1838.
To identify claimants husband with the soldier bearing his name, whose services are certified by the Secretary of Massachusetts, the testimony of persons of known high standing, such as Select men of the town, or judges of the court, showing clearly that he belonged, during the revolutionary war, to the town of Worthington, must be adduced. She must produce, also, some evidence of their marriage before 1794, more certain in its character than that now presented before she can be allowed a pension.
The paper, purporting to be a family record, appears to have been too recently made to be availing as proof of the marriage in this case.
I am &c
Yrs?
J. L. Edwards. "

I cannot think that Mr Edwards will require "the testimony of persons of known high standing, such as Select men, of the town, or judges of the Court, shewing clearly that Elijah Herrick belonged to the town of Worthington, during the revolutionary war" - for two reasons; first, it would be, probably, impossible to find a man in office, who knew Elijah Herrick during the revolution. Such persons are too old to be acting either as Selectmen, or judges. Second, The rule laid down above is more stringent, much, than the published rules, which are sent out from the pension office for the instruction of applicants for pensions.
The papers heretofore forwarded in addition to Mrs Herricks declaration, and the Certificate from the Secy of State of Massachusetts, are the depositions of John Austin and Esther Austin, his wife, taken in Jany 1841, before the Hon Cornelius Wood, Judge of Franklin County Court, shewing the services, &c.  and John Austin knew the husband of Mrs Herrick in 1782 and that he (Herrick) then resided in Worthington Ms. also deposition of Ephraim Herrick, son of Elijah Herrick, dec'd, who was born before 1794. also -
Records of marriages and births, made in the family bible, accompanied by the affidavit of Elijah Herrick, of Milton, son of the deceased soldier, showing that said records was copied from an original record, into the family bible, more than twenty years ago. You are acquainted with Elijah Herrick, of Milton, and if Mr Edwards requires

further testimony than the certificate of the justice, before whom his affidavit was sworn to, that Mr Herrick is a man of character and truth, please add your certificate.
I now send another affidavit of Esther Austin, sister of the deceased soldier, who, notwithstanding her age, is a woman of strong mind and undoubted truth, as appears from the certificate of Judge Bridges, and he also certifies as to the character  standing of John Austin, who is now dead, for truth and intelligence.
I also send the affidavit of Sally Drury, who was brought up in the family of Elijah Herrick deceased, and was present at the marriage of said Elijah to his wife, now widow.
If you will call upon Mr Edwards and examine the papers already filed, as well as the affidavits enclosed, I think you will find the case supported by abundant testimony, and that you will have no trouble in satisfying Mr Edwards that the claim should be allowed.
I am very truly yours
Hon Geo. P. Marsh M.C.
M m Weston

ives
848
hi
I enclose herewith additional evidence, which I trust, will be found sufficient, in the case of Hannah Herrick now pending in your office. Elijah Herrick, whose testimony was filed some time since, is known to me as a man of unquestionable probity and intelligence, and I am also acquainted with Reuben Farnsworth & L B Allen, who have signed a certificate on selection of Westford Vt, & can testify to their intelligence & high respectability.
I enclose also an argu-

ment in behalf of the claimant by Wm Norton & Co. Law
Colf S Edward Com. Purvis

Burlington Aug d . 16. 1847
Sir.
I enclose the declaration and proofs of Hannah Herrick, widow of Elijah Herrick, dec d , for a pension under the act of July 7. 1838, and the acts and resolutions in addition thereto.
Elijah Herrick served near 3 years in Col. Nixon's reg t . proved by certificate of Secy of State of Mass. The identity of Elijah Herrick, who did the service, as being the same person who was the husband of the applicant is proved thus - The certificate of the Secy of State shows that a bounty of $27- was paid to the soldier (Elijah Herrick) by the town of Worthington. The affidavits of John Austin and Elijah Herrick (son of the soldier) show that the husband of Hannah Herrick lived in Worthington at the time.
Marriage proved by family record, there being no record in Tyringham, where the marriage was celebrated - See affidavit of Chas. H. Fargo - town clerk of Tyringham. Affidavits of Ephraim Herrick, Jno. Austin and Esther Austin are relied upon to show service and the relationship of Hannah Herrick to her husband.
If the proof is satisfactory, and I think it must be, please enclose me the certificate.
I am very respectfully
Your ob t serv t .
Jas S Edwards Esq. Com r of Pensions.
Ypman Weston

State of Vermont Chittenden County fr.)
On this 8 th day of September, 1848, personally appeared before the subscriber, a Justice of the Peace in and for said County, Hannah Herrick, a resident of Milton in the County of Chittenden and State of Vermont, aged eighty eight years, who being first duly sworn, according to law, doth, on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the second day of February, 1848, granting pensions to widows of persons who served during the revolutionary war; — that she is the widow of Elijah Herrick, who was a private in Col Nixon's regiment, Captain Barnes and Captain Holden's companies, Massachusetts line of the Continental Army, and served, as she believes, upwards of two years, and that she was a pensioner under the act of June 17, 1844 at the rate of $80.00 per annum. She further declares that she is
still a widow.
Hannah her X Herrick mark
Witness.
R. Sanderson
Elizah Herrick
Sworn to and subscribed on the day and year above written, before me. And I certify that the declarant is personally known to me, and that she is a woman of truth.
R. Sanderson Justice Peace

State of Vermont Chittenden County ss }
Secretary of State's Office Burlington, Oct 5. 1848.
I Elliot E. Kellogg, Deputy Secretary of State for the State of Vermont do certify that Rodolphus Sanderson, before whom the foregoing declaration was made and sworn to, was, at the time of taking the same, a Justice of the Peace in and for said County of Chittenden, duly elected, and that the signature to the certificate thereto is in his own proper hand writing.
In testimony whereof I do hereunto affix the seal of said office and subscribe my name at Burlington on the day and year above written.
Elliott E. Kellogg, Dep. Secy. of State of Vt.

I, John Austin of Swanton, in the County of Franklin & State of Vermont aged eighty two years  of lawful age do testify & say that I became acquainted with Elijah Herrick of the town of Worthington in the commonwealth of Massachusetts in the year 1782 - In conversing with him I learned that he had been in the regular service of the United States, as a volunteer soldier for three years since in the war of the Revolution. That according to the best of my recollection he enlisted in the year of 1776. or 1777. I was not ac- -quainted with him while in the service, he belong- -ing to the Massachusetts line, and I to the Connecticut line. I have often conversed with him on the subject of the war. have heard from him many anecdotes of interest- -ing events that occurred while he was in the service. I have heard him say he was in the Northern Army at the taking of Burgoyne. have heard him speak of his sickness while in the Army. I understood him to be about my own age. I have been intimate with him from the commencement of our acquaintance until his death. and we have seldom met without conversing on incidents & events with which we had been acquainted while in the service. I believe it was in the summer of 1788 that he brought came to Rutland where I then resided and said he had been lately married to Hannah Papple of Springfield in Massachusetts. I think that within two years after this, he came to Rutland with his wife & a little son a few months old, named Ephraim. They lived together in Rutland after from this time several years, and had children born to them, and were reputed at this time and ever after till his death, as husband

and wife, and raised a large family. I think his death occurred something over thirty years ago. His widow is still living and resides with her second son Elijah, in the Town of Milton, County of Chittenden, State of Vermont.
John Austin
State of Vermont
Franklin County ss. Swanton January 27. 1841.
Then personally appeared John Austin personally known to me as a man of credibility & veracity and respectable standing in society, and made solemn oath that the facts set forth in the foregoing deposition by him subscribed, are true to the best of his knowledge and belief.
Before me Col. Wood Asst. Judge of County Court & Justice Peace.
State of Vermont Franklin County ss.
I Joseph H. Brainerd Clerk of the County Court in & for the County of Franklin aforesaid do hereby certify to all persons to whom these presents shall come that Cornelius Wood Esqr. (before whom the above named John Austin made oath to his foregoing Deposition) is one of the Judges of the County Court for the County of Franklin aforesaid and is a Justice of the Peace ex officio for the year ending November 30 th A.D. 1841. that he is qualified to act as such magistrate
that I am well acquainted with the hand writing of said Wood and verily believe that the above signature purporting to be his is genuine.
In testimony whereof I have affixed the seal of the County Court aforesaid and subscribed my name officially to these presents at St. Albans in said County of Franklin this 27 th day of January A.D. 1841.
Joseph H. Brainerd Clerk

I Esther Austin of Swanton in the County of Frank- -lin & State of Vermont aged seventy eight years- do depose testify & say That at the commencement of the war of the Revolution, I resided in the town of Worthington in the Commonwealth of Massachusetts- I think in the Spring of 1776 my brother Elijah Herrick came home and stated that he had enlisted in the regular service in the army of the Revolution for the term of three years. I think the Officer who enlisted him was Captain Wheeler afterwards Colonel Wheeler. Soon after enlisting and before joining the Army he had the Small Pox, and immediately after his recovery rejoined the Army I think in the month of May or June - I think at the time he enlisted he was about eighteen years of Age - I distinctly recollect that when he left for the army my sister and myself spent most of the day weeping in the fields. My brother's first years service, was in the Southern Army. Befor  When Burgoyne's army invaded the country my brother belonged to a detachment sent from the Southern to the Northern Army and continued with with the Northern Army until the capture of of Burgoyne and was one of the guard that conducted the captured Army to Boston Whether he returned to the Southern Army or continued with the Northern Army I do not recollect. In the summer of '77 my brother while attached to the Northern Army was very sick with what was then called the Lake Fever, of which many died. During the time of his sickness I distinctly recollect our family sent him various articles necessary for his com- -fort and at other times articles of clothing. During his connection with the Northern Army my brother came home once I think in pursuit of deserters he was

then dressed in soldiers uniforms. I also saw him while guarding the prisoners taken at the capture of Burgoyne from the place of their capture to Boston. They remained three days near my father's house for the purpose of drawing provisions. Twelve of the Officers belonging to Burgoyne's Army boarded during these three days at my father's house, and I saw my brother on duty as a guard. I have heard my brother state the particulars of the taking of Fort Montgomery by the British, that he was one of the few of the garrison that escaped. The contest he represented as being very severe and honorable to the American Army; but they were overpowered by numbers. I have often heard him sing a song in relation to that event, which I think my brother composed. -- At the time of my brother's discharge I was living with a relative in the town of Preston, in Connecticut. He came there soon after his return. I have heard him say he had a regular discharge, but did not expect ever to have seen it. He continued in the Army the full time for which he had enlisted. I have often heard him speak of the sufferings & hardships the soldiers endured for the want of proper food & clothing. -- In the year of 1783 I was married to John Justice of Preston, Connecticut. and removed with him to Rutland Vermont, where we settled. About two years after we went to Rutland my brother Elijah came to Rutland and engaged in Mercantile business. While there he frequently spoke of his intention of marrying Hannah Russell of Syring- ham Massachusetts and as early as '87 or '88 went to Syringham for the purpose of forming that connection. Soon after perhaps a year after he was married, he removed with his wife to Pittsfield Vermont. Which

is adjoining the town of Rutland. They there had a babe named Ephraim. I can positively say that my brother and his wife lived together as husband & wife previous to the year 1794. and had children born into them, and that they were always reputed as husband & wife and lived together as such till the time of his death which took place I think October 1808. - his widow is still living in Milton Vermont with her second son Elijah - Witness Col. Wood her Esther X Austin - mark
State of Vermont Franklin County } Swanton January 27. 1840. Then personally appeared Esther Austin known to me as a person of respectability & credibility and made solemn oath that the facts set forth in the foregoing Deposition are true according to her best knowledge and belief.
Before me Col. Wood Ap. Judge County Court & Justice Peace -

State of Vermont Franklin County ss
I Joseph H. Brainerd Clerk of the County Court in & for the County of Franklin aforesaid, do hereby certify to all persons to whom these Presents shall come, that Cornelius Wood Esqr, (before whom the within named Esther Austin made oath to her within Deposition,) is one of the Judges of the County Court for the County of Franklin aforesaid, and a Justice of the Peace in office for the year ending Nov 30 th A.D. 1841, that he is qualified to act as such magistrate, that I am well acquainted with the hand writing of said Wood, and verily believe that within signature purporting to be his, is genuine.
In testimony whereof I have affixed the seal of the County Court aforesaid, and subscribed my name officially to these presents at St Albans in the County of Franklin aforesaid, this 27 th day of January A.D. 1841.
Joseph H. Brainerd Clerk
Esther Austin affidavit

State of New York } Orleans County ss }
Ephraim Herrick of the Town of Barre in said County being duly sworn says that he is of the age of Fifty-two Years and upwards, that his father's name was Elijah Herrick and that his Mother's name is Hannah Herrick, and before her marriage to the said Elijah Herrick Hannah Russel, that from the earliest recollection of this deponent, his, this deponent's, said Father and Mother lived and cohabited together as Husband and Wife until the death of the said Elijah Herrick which happened in the year of our Lord one thousand Eight Hundred and Eight, that at the time of his said death and before that time, he the said Elijah Herrick resided in the Town of Milton, County of Chittenden and state of Vermont. And this deponent says that a portion of the time which he this deponent knows of his said Father and Mother residing and cohabiting together as aforesaid was previous to the year of our Lord one Thousand Seven Hundred and Ninety Four, and that his said Father died on the Seventeenth day of October One Thousand Eight Hundred and Eight, that his said Mother has since the death of her said husband and still remains unmarried - And further that his said Mother Hannah Hannah Herrick now resides in the aforesaid Town of Milton and that he this deponent has a brother whose name is Elijah Herrick and who is two years younger than this deponent, that his father was reputed to have been a soldier of the Revolutionary Army, that he served therein three Years, and that he this deponent has frequently heard his said father bygone

his death relate many incidents connected with his services in the revolutionary Army Subscribed and sworn to before me this 26 th day of January 1841
Ephraim Herrick
Sidney Burrell Justice of the Peace
I hereby certify that I am acquainted with Ephraim Herrick the above named deponent and have been for some two years and upwards and believe him to be a man of truth & veracity and entitled to full credit Albion January 26 th 1841 Sidney Burrell Justice of the Peace Orleans Co. N.Y.
STATE OF NEW YORK, ORLEANS COUNTY CLERK'S OFFICE. } ss.
1 Timothy C Strong
Certify that Sidney Burrell whose name is subscribed to the certifi- cate of proof or acknowledgment of the annexed instrument was at the date thereof a Justice of the Peace in and for said County and duly authorized to take the same; and further, that I am well acquainted with the hand writing of such Justice of the Peace and verily believe that the signature subscribed to said certificate of proof or acknowledgment is genuine.
Clerk of said County, do hereby
In Testimony Whereof, I have hereunto set my name and affixed my official seal, at Albion, in said County, this twenty sixth day of January 1841 Timothy C Strong Clerk of said County
Ephraim Herrick affidavit

Tyringham May 8. 1847 I hereby certify that I am Town Clerk of Tyringham Mass. & that I have examined the town record & find no marriage recorded of Hannah Russell to Ephraim Herrick Chas. H. Fargo Town Clerk
Charles H. Fargo Charles H. Fargo personally appeared and made oath to the above certificate before me John H. South Justice of the Peace
Berkshire. I Charles Sedgwick Clerk of the Supreme Judicial Court for said County do certify that John W. Sweet Esq. before whom the foregoing affidavit was sworn to by Charles H. Fargo is a Justice of the Peace within the County of Berkshire duly commissioned qualified & that I hereby believe the signature purporting to be his is genuine In witness whereof I have hereunto set my hand & affixed the seal of said Court this 8 th day of May 1847 Charles Sedgwick Clerk

Act '43 9416. No. 12419 Hannah Herrick Widow of Elijah H Act 7 July 1838
Alma 2 years in $80 00 per annum
Alma, Act 3 March 1843 And 17 June 1844 $80 00 per annum from 4 March 1843
Hon. G. P. March. House of Reps.

State of Vermont } Franklin County ss. }
I Esther Austin, of Swanton, in the County of Franklin aforesaid, aged eighty five years, testify and say that my maiden name was Esther Herrick and that when the Revolutionary war broke out, I resided with my father, Plinias Herrick in the town of Worthington, in the State of Massachusetts, and my brother Elijah Herrick also then resided with my father in said Worthington. My father died during the first year of the war, and my brother, the said Elijah, enlisted into the army for three years, and he enlisted in the spring of the year either in 1776 or 1777. I gave an affidavit, stating the particulars of his services, in the year 1841, before the Hon. Cornelius Wood, then one of the judges of Franklin County Court, but in that affidavit I did not state that my brother, the said Elijah Herrick, at the time of his enlistment, lived in said Worthington, for the reason that my attention was not called to that point.
While my said brother was in the Army I removed to Preston, Connecticut, where I was married to my late husband, John Austin, who is now dead,

Note. After Mrs Austin had made her mark, she desired me to guide her hand that she might write her name, (being unable to write without such assistance,) and I did so, which will account for the two signatures. Wm Weston.
The next year after the war, I removed, with my husband, into the town of Rutland, Vermont, where I resided fourteen years, and then removed to Swanton, Vermont, where I have ever since resided.
In the year 1787, my brother removed into the town of Rutland, with his wife, (who is now the widow Hannah Herrick, and resides in Milton, Vermont.) I am able to fix the time of my brother's removing into Rutland, with his wife, because I distinctly recollect that it was the next summer after "Shays rebellion," which, I believe, occurred in 1786. My brother came once to Rutland before he brought his wife there. At the time my brother Elijah, and his wife, removed into Rutland, as above stated, they had one child, then an infant. When they came into Rutland they lived in my husband's family a short time, and then removed into Pittsford Vermont, distant some six miles from where I resided at that time. He afterwards removed with his family into Milton, Vermont, where he died in the year 1808. I was present when he died.
Witness,
William Weston
Esther her X Austin mark.
#
Esther Austin
Sworn to and subscribed before me this 18th day of November, 1847, before me, and I certify that the above affidavit was written out in my presence

and that the testimony was written down correctly as given by the affiant, and that I have been acquainted with the affiant for ten or twelve years past; that she is a woman of strong mind and clear intellect and intelligent, and of undoubted truth and veracity.
Roswell Mearns, Jr. Dean
Second to Nov. 18. '47 - before me
Roswell Meigs Jr. S. Penn
State of Vermont } Franklin County }
State of Vermont } Franklin County } I William Bridges, late Judge of the Probate Court for the district of Georgia, County of Franklin, certify that I have been well acquainted with Esther Austin, who has made the above affidavit, for more than twenty years past, and that she is a woman of intelligence, and strong mind and memory. Her last intellect seems unimpaired, and she is a woman of undoubted truth and in my opinion full faith and credit should be given to her testimony. I also knew her husband, John Austin, from the year 1810 to the time of his death. He was a man of

strong mind and of sterling integrity and undoubted truth. Nov. 19, 1847. M m Bridges
State of Vermont Secretary of State's office, Burlington, Vermont.
I, James W. M c Shafter, Secretary of the State of Vermont, do hereby certify that Roswell Mears Junr, before whom the foregoing affidavit of Esther Austin was made and sworn to, was at the time of taking the same, a justice of the Peace in and for the County of Franklin and State of Vermont, and that the signatures to the certificates thereto, purporting to be his, are genuine. In testimony whereof I do hereunto set my hand and official seal at said Burlington this 20 th day of January, A.D. 1848.
J. M c Shafter