Revolutionary War Pension and Bounty Land Warrant Application File S. 17,435, Joseph P Gurney, Mass.

SERVICE
NUMBER
Mass.
Gurney, Joseph P.
S 17435.
Carded
CONTENTS

21.688
Massachusetts
Joseph P. Gurney
Almpton in the State of Mass who was a Private in the Company commanded by Captain Thompson of the _____ commanded in the _____ in the Mass for 16 months & 21 days
True
Inscribed on the Roll of Massachusetts at the rate of 50 Dollars 67 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8th day of Oct 1833 and sent J. A. Lord Plymouth Mass
Arrears to the 4th of Sept 1833 $139.17 Semi-ant. allowance ending Mar 31 - 27.83 $167.00
{ Revolutionary Claim, } { set June 7, 1832. }
Recorded by N. K. Wood Clerk,
Vol. 9 Page 29
Duplicate Certificate issued Sept 23 1837 and sent to
G. S. Buffum Boston
Mass Thy

12287 Joseph P. Gurney
Parish 16 Mo 21 days
6-14-08
May 17 1833
333
$ 4.02
55.33
2.52
55.67
111.04
27.83
139.17
J H Lord &
Weymouth
Mass

BRIEF in the case of  Joseph Pool Garney  of  Abington  in the State of  Massachusetts  (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? 71 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 1776 1 2 Private Capt Turner   Winter - 1776 1 6 Capt Shayer   Summer 1780 1 3 Capt Pool   1777 21   1778 3   8  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Abington Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? General 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
A. Woodworth Examining Clerk.

Joseph P. Gurney
12.281
12.281

Commonwealth of Massachusetts County of Plymouth
On this twenty second day of August 1832 - personally appeared in Open Court before the Court of Probate now sitting at Hanover in & for said  County Joseph Root Gurney of Abington in the County of Plymouth and Commonwealth aforesaid - aged seventy one 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 March 7. 1832 -
That he entered the service of the United States under the following named Officers and served as herein stated.
In the year 1776 in the early part of the year I enlisted under Capt. Thos. Gurney of Pembroke and immediately went to Roxbury and did duty there and on Dorchester heights for the term of two months - I was present on Dorchester hill when the ground was broken in erecting the fort there - and labored myself - and was there when the British evacuated Boston - I was in no engagement during this service - the British occasionally fired at us from the Neck of Boston - but with no great effect - I remained there until a few weeks after the British Fleet left the Harbour - and then returned home - my term of service having expired -
Afterwards in the summer or late in the Spring of the same year I enlisted again under Capt. James  James Hayer of Braintree - Lieut. Hensley and Ensign Randall - and went to Dorchester point - and there were

ordered to Nantasket (now Hull) in Boston Harbour - and remained there doing duty as a Soldier for six months - our duty was to guard the Place and to assist in erecting a Fort - no events of a public nature occurred during my stay there that I recollect - after the term was expired for which I enlisted I returned home - on this expedition Oliver Stetson and Asa Gurney came in the same company and are now alive -
In the summer of 1708 - I again enlisted under Capt. Jacob Pack of Abington and Lieut. Fuller - and were ordered to the State of New York we went through Springfield in Mass - to Clermont and Albany in New York - and thence to Schenectady - where we were stationed - I was at Schenectady when the Town was attacked by the Indians and others and burned - and was one of a number who went to reconnoitre the Enemy when they first set fire to a house - we got behind a barn fence and fired at the Indians - and then retreated to the Fort - the Indians in pursuit. we got into the Fort - the Indians surrounded the Fort - and the action continued for several hours - the next morning, the Enemy having retired we pursued them - and went as far as the Genesee flats, but never came up with the main Body - and our term of service having expired we came home - the time which I served at this time was three months.
In the year 1779 - I think I enlisted and went to Rhode Island - on what was called the Secret expedition - we went thro. Scituate to Kingston in Rhode Island - and were there stationed expecting to go on to the Island but the weather being unfavorable we did not go on - and our term of service having expired we returned home - at this time I served three weeks -
Afterwards I think the next year I again enlisted - I am not very particular

159122 01077 - as to the year, it might have been in 1778 - at this time I went to Rhode- Island - I believe in what was called Sullivan's expedition, and stayed three Months - I went then from Tanton to what is now Howland's ferry - and having waited until the Troops were generally collected we passed over the Ferry to Rhode Island - and progressed slowly towards Newport - we threw up entrenchments as we advanced - we were here sometime expecting every night to receive orders to march upon Newport - at length and unexpectedly to us the Ordinances were removed back in the night and soon after we had orders to strike our tents and stand ready at a minute's warning - about ten o'clock at night orders came to fall back towards the Ferry - we went to Butts Hill and there encamped for the remainder of the night - before light we heard guns - and as soon as it was light we perceived the Enemy - Our regular troops were fortuned - and fought nearly all the forenoon - the Regiment in which I was - had not been called for - but at this time the Hessian troops made a movement - and our Regiment was ordered to move around by the shore and pass between the Hessians and the Fort which they had occupied - we attacked them and they fell back into their Fort - we got entrenched behind a stone wall and interchanged occasional shot with them in the Fort - at length we received orders for every man to fire at the Fort and immediately fall back in retreat - during this time the late Col. Bicknell - who was Adjutant of Artillery - and other field Officers sat on their Horses - we had not retreated far before they fired at us from the Fort grape shot - and as we were going up a rising ground one of the shot struck Solomon Cook who was in the same platoon with me and shattered his leg - he was carried off and removed to the College in Providence where he soon after died - we arrived at the Ferry and that night, while

was Saturday night we passed over the Ferry unmolested, and encamped the next day - and then we marched by the way of Providence to Point Judith - on the west side of the Bay - and over against Rhode Island - here we lay untill an alarm reached us & we were ordered down to the point - here we had an affair with some Barges from Newport - the occasion was this - the Privateer Columbus from Providence attempted in the night to pass the fleet at Newport - she passed two or three ships - but was at length discovered - and several Barges were sent in pursuit - the Privateer ran aground at the point to prevent being taken - the wind having died away - and the Men from the Barges set her on fire - we came down to the shore one eighteen pounder - and two six pounders - and fired at the Barges - here we remained untill the Masts of the Privateer fell away - we then returned to our encampment and remained untill the term of enlistment expired and I returned home -
I afterwards enlisted again and went to Beistat in Rhode Island - and remained doing duty two Months - our duty there was to guard the shore - No events took place there of a nature to fill them on my memory - the guard were sent down to a place called Popoquash - Amariah Bates - Jas. Townsend & Robert Townsend were with us - all of whom if living are in a distant part of the Country.
All of the above services were performed while I was young - and I did not take that general and comprehensive view of the service as to fit in my mind the Officers having the general command - and the dates from the great length of time are in my mind somewhat confused - after all the services as above stated I went as a Teamster - to the Southward I took a load from Boston to Springfield - and thence to Albany and then to Virginia - I was gone seven Months -
I was born in Abington May 9 th 1788 - a Record of my

birth I suppose is with the Town Records - I lived in Abington during the performance of all the above services - and have ever since and do now reside there - and am now seventy one years old last May - -
And I hereby relinquish all claims whatever to a pension or annuity except the present, and declare that my name is not on the pension roll of the Agency of my state. -
Joseph P. Gurney
Sworn to and subscribed the day and year aforesaid -
Attest Jacob W. Lord
Register
We Daniel Thomas a Clergyman residing in the Town of Abington - and Elihu Hobart of said Abington
hereby certify that we are well acquainted with the above- named Joseph P. Gurney who has subscribed and sworn to the above declarations - and we believe him to be seventy one years old, that he is respected and beloved in the neighborhood where he resides to have been a soldier in the Revolution, and that we concur in that opinion. -
Daniel Thomas.
Sworn to and subscribed
the day & year aforesaid - - Elihu Hobart
Before Samuel Whitman Jus. Peace.
I Jacob W. Lord Register of the Court of Probate for the County of Plymouth do hereby certify that Jacob Whitman Esq. is a Justice of the Peace for said County & that his name above subscribed is his true & genuine signature.
In testimony whereof I have hereunto set my hand

and the seal of said Court this twenty second day of August in the Year of our Lord one thousand eight hundred & thirty two.
Jacob H. Lord
as to P. Gurney.
End in complete
And the said Court do hereby declare their 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 them that Daniel Thomas who has signed the preceding certificate is a Clergyman resident in the town of Abington and that Elisha Hobart Esq who has also signed the same is resident in the same town and is a credible person and that their statement is entitled to credit.
By the Court Attest
Jacob H. Lord Register
I Jacob H. Lord Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph P. Gurney for a Pension.
In testimony whereof I have hereunto set my hand & the seal of said Court this twenty second day of August in the Year of our Lord one thousand eight hundred & thirty two.
Jacob H. Lord

122_01001 I Jacob Pool of Hanson in the County of Plymouth and Commonwealth of Massachusetts do testify and say that I commanded a Company of Militia in the Service of the United States in the year seventeen hundred and eighty - that we marched from Abington in S o County - the place of my residence at that time in the Month of July of that year - and passed thro' Springfield - in Massachusetts and Claverick in New York State - & then to Albany - at Claverick we joined the Companies of Captains - Ford - & Warren - when we received orders to proceed to Schenectady in New York - and from there at the time the Enemy brought & destroyed said Town - and after forming a junction with other Companies and with Governor Clinton we pursued the Enemy as far as the German Flats without being able to come up with them and the three Months for which the men enlisted having expired they were dismissed - And that Joseph Sylvester of North Bridgewater Asa Gurney and Joseph Pool Gurney both of Abington were privates Soldiers in my Company and all served their full time of three Months
Jacob Pool
Plymouth Jb. August. 1. 1832 -
Personally appeared the above named Jacob Pool - and made oath that the above declaration by him submitted is just and true in all its parts - taken at the request of Joseph Pool Gurney - and Asa Gurney and to be used in their behalf in the several applications for pensions under the Act of Congress of June 7. 1832 -
Before Jared Whitman Just Peace
Commonwealth of Massachusetts Plymouth Jb. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth being a Court of Record do hereby certify that Jared Whitman Esq is a Justice of the Peace for said County and that I believe his name written above & also upon the annex- ed certificates & upon the Clergyman's certificate are his true & genuine signatures.
In testimony whereof I have hereunto set my hand & the seal of said Court this twenty first day of September in the Year of our Lord one thousand eight hundred & thirty two. Jacob H. Lord

I Joseph Sylvester of North Bridgewater in the County of Plymouth and Commonwealth of Massachusetts - do testify and say - that I was a private soldier of a Company of Militia in the service of the United States - commanded by Israel Root now of Hanson in said County - that we marched in July one thousand seven hundred and eighty - and proceeded westward thro' Worcester - & Springfield in Mass - and Claverick and Albany in New York and at Claverick had orders to march to Schenectady where we were stationed - and were there at the time the Enemy burnt and destroyed the Town - After being joined with other Companies we pursued the Enemy as far as Green Island without coming to an engagement - and our term of three Months having expired we returned home -
I further say that Joseph Root Gurney and Asa Gurney both of Abington in said County were private soldiers in the same Company with me and both served their full term of three Months -
Col. Brown commanded the Regiment - and Gen - Dillens the Brigade to which we were attached -
Joseph Sylvester
Plymouth ss. August 1. 1832 -
Personally appeared the above named Joseph Sylvester and under oath that the foregoing Declaration by him made is just and true in all its parts. taken at the request of Joseph Root Gurney and Asa Gurney and to be used in their behalf - on their several applications for a Pension under the Act of Congress of June 7. 1832 -
Before Samuel Whitcomb Justice of Peace -

I Lot Whitmarsh of East Bridgewater in the County of Plymouth and State of Massachusetts - do testify and say that Joseph Paul Gurney of Abington in the said County served with me for the term of two Months as a private Soldier in the Company commanded by Thomas Seaman - in the year 1776 - the Company was stationed at Roxbury - and did duty there and in that vicinity and further saith not, -
Lot Whitmarsh
Plymouth ss. August 6, 1832 -
Personally appeared the above named Lot Whitmarsh and made oath that the above Declaration by him subscribed is just and true.
Before Jacob Whitman Just. Peace

I Oliver Stetson of East Bridgewater in the County of Plymouth and Commonwealth of Massachusetts - age ninety four years - do testify and say - that I was a soldier in the Revolutionary war - and served under Capt. Thayer of Bridgewater in the County of Norfolk - Lieut. David Hovey and Ensign Randall - we were stationed at Dorchester in the first place - then were ordered to Nantasket in Boston Harbor - where we remained doing duty in guarding the place - and doing fatigue duty in erecting the fort - for the term of six months - Joseph Pool, Gurney and Issac Gurney both of Abington were also in the same Company and remained there as private soldiers during the same time - and further saith not  Oliver Stetson
Plymouth ss. August 20, 1832 -
Personally appeared the above named Oliver Stetson and made oath that the above Deposition by him subscribed is just and true -  Before Jarroll Whitman Just Peace -
Plymouth ss. June 4, 1833 -
And I further certify that the Deponents named in this Paper - viz - Jacob Pool, Joseph Sylvester, Lot Whitman and Oliver Stetson - are all known to me - and that they are all persons of credibility - and their testimony entitled to full belief -  Jarroll Whitman - Just Peace -

P
17435
INVALID.
File No. 17,435
Joseph P. Gurney
Br Rev War
Act: June 7 '32
Index:—Vol. 1 , Page 154
[Arrangement of 1870.]

for Septennial subscription
J. L. Edwards Esq
W. A. Bullock Baltimore Md.

Boston
18 Sept. 1850
Sir,
Enclosed is the application of Joseph P. Gurney for a new certificate in place of one that he has lost. He wishes that the new certificate be sent to my care.
Very Respectfully
Your obedt servt
G. S. Bulfinch
J. L. Edwards Esq. Commr of Pensions.

12287 Joseph Poole Gurney
Jacob H. Lurd. Esq. Plymouth 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  Joseph Post Germany Abington Mass  which require further proof or explanation.
 I. Does the declaration show where the applicant resides? yes  II. Did the declarant make the declaration in the county where he resides? yes  III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  IV. Has the declarant mentioned the period or periods of the war when he served? no  V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes  VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no  4, 5, & 6 times | He has stated in his declaration that he does not recollect the names of Officers & cannot do it now  VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes  VIII. Has the Court given their opinion? yes  IX. Has the Clerk given his certificate? yes  X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes 

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 241
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? 247
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? no  no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 101
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? 111
XVI. ‡ Are the papers authenticated as the regulations direct? 174
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.
‡QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who 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.

Commonwealth of Massachusetts Plymouth County ss.
On this thirteenth day of September 1850, before me the subscriber a Justice of the Peace for the said county of Plymouth personally appeared Joseph P. Gurney who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain Jacob Pool - in the regiment commanded by Colonel, (not recollected) , in the service of the United States, that his name was placed on the Pension Roll of the State of Massachusetts, that he received a certificate of that fact under the signature and seal of the Secretary of War, which certificate on or about the nineteenth day of September 1849 at or near the Pension Office in Boston he lost.
Joseph P. his Gurney
Sworn & subscribed to before me the day and year aforesaid
mark witness Jared Whitman
Jared Whitman Justice of the Peace Betsy Gurney
Commonwealth of Massachusetts Plymouth County ss.
Before me
the subscriber Personally appeared
Edmond Gurney - and made oath in due form of Law, that he well knows Joseph P Gurney above named in the foregoing Affidavit, to be the same person described in the above Affidavit.
Sworn to & subscribed this thirteenth day of September 1850 Edmond Gurney
Before me
Jared Whitman Justice of the Peace, witness
Betsy Gurney
Jared Whitman
I certify that the deponent Edmond Gurney is a person of veracity. Jared Whitman Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston, Sept. 17. 1850
I hereby Certify, That at the date of the Attestation heret. attached, Jared Whitman was a Justice of the Peace for the County of Plymouth.
in the said Commonwealth, duly commissioned and qualified; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
W. H. Cabot
Secretary of the Commonwealth.