Revolutionary War Pension and Bounty Land Warrant Application File S. 876, Josiah Gray, New Jersey

SERVICE
NUMBER
New Jersey
Gray, Josiah
S 876
CONTENTS
Carded

9805 New Jersey Poriah Gay
of Westfield in the State of New Jersey who was a Private in the Company commanded by Captain Aaron of the Left: commanded by Col. Wines in the P. & S. on a line for 15 mo.
Inscribed on the Roll of New Jersey at the rate of 50 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 day of June 1833 and sent to Hon. L. Condict Present
Arrears to the 4th of March 1833 $ 100.00 Semi-ant. allowance ending Sept. 1 25.00
$125.00
Revolutionary Claim, Act June 7, 1832. Recorded by W. L. Williams Clerk, Book Vol. 3 Page 113

Declaration & Evidence of Josiah Gray
N o 6593.

State of New-Jersey, Essex County ss. On this Twentyseventh day of July 1832. Personally appeared before me Samuel B. Miller, one of the Judges of the Inferior Court of Common Pleas in and for said County, Moriah Gray A President of the Township of Westfield in the County of Essex, and State of New-Jersey. Who is Unable to appear in Court by reason of Bodily Infirmity, 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 benefit of the act of Congress passed June the Seventh in the year of our Lord one Thousand eight hundred and Thirty two.
Was Born in what is now called the Township of Warren in the County of Somerset and State of New-Jersey on the Nineteenth day of May in the Year of our Lord One Thousand Seven hundred and Sixty six and was Seventy six years old last May according to his family Record which is now in his possession.
That he entered the service of the United States as a private Soldier in the Revolutionary War under the following named officers and served as herein stated.
That he first entered the service in the summer of the year Seventeen hundred and Seventy six as a Volunteer for one Month in Capt. Jedidiah Swans Company of Militia at the Township of Elizabeth in that part now called the Township of Westfield in the said County of Essex and State of New-Jersey and Marched from Westfield to Elizabeth Town point and was there Stationed one Month under the command of Col. Thomas and was employed in Building the

Breastworks or Fort. — Then served one Month as a drafted Soldier in Capt. Benjamin Saings Company of Common Militia at and Near Quibble Town in the County of Middlesex in said State under the Command of Col. Wines — Was Stationed one Month at Rahway as a Drafted Soldier in the same Company. — Was then Stationed and served Five Month in the same Company at different periods as a drafted Soldier at and Near Elizabeth Town in the said County of Essex Most of the time under the Command of Major Morrell One Month at Newark and Elizabeth Town as a Drafted Soldier in Capt. Gorthwaits Company under the Command Col. Thomas. — Then one Month in the same Capacity at Woodbridge in Capt. Batters Company. — Was then Stationed and served at different periods as a Drafted Soldier in Capt. Bangs Saings Company on the lines between Rahway and Elizabeth Town Five Month and continued in the Militia Service until the close of the war Was sometimes Commanded by Col. Ely & sometimes by Col. Batten Col. Spencer Col. Yaquis & Major Hays. — Was in the Battle at Springfield. Connecticut Farms and in the Skirmish at Martin Town near New Brunswick and in a Number of Skirmishes along the lines Is certain that he was in actual service more than One Year and Three months at different periods. — but the above is all that he can particu- larly relate. — he knew Lord Sterling General Lee General Salawen Col. Sherman Capt. Siom Settell Regular officers. — Was living in that is now called the Township of Westfield County of Essex and State of New Jersey when called into service in which place he has resided ever since & now resides. — Never received any Written discharge from the service and has no documentary evidence. — Can prove point

of his service by John B. Osborn and Jonathan H. Osborn He thereby 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 or Territory in the United States.
Sworn to and subscribed the day and year aforesaid } Josiah Grey Sam d B. Miller Judge
We John Rogers - A Clergyman Residing in the Township of Westfield County of Essex and State of New- Jersey and Dennis Coles Esq d Residing in the same place do hereby certify that we are well acquainted with Josiah Grey who has subscribed and sworn to the above Declaration that we believe him to be seventy six 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 and we do further certify that in our opinion the applicant cannot from bodily infirmity attend the Court. Sworn and subscribed the day and year aforesaid } John Rogers Sam d B. Miller Judge } Dennis Coles.
And I the said Samuel B. Miller one of the Judges of the Court of Common Pleas in and for said County of Essex do hereby declare my 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 I do further certify that it appears to me that John Rogers - who has signed the preceding Certificate is a Clergyman Resident in the Township of Westfield County of Essex and State of New-Jersey and that Dennis Coles Esq d - who has also signed the same is a Resident in the same place

and is a credible person and that their statement is entitled to credit. and I do further certify that the said Sam l B. Miller Judge Josiah Gray is unable to appear in court by reason of bodily infirmity July 27 th 1832
State of New Jersey County of Essex ss: I Elias Wm M c dale Junior Clerk of the Inferior Court of Common Pleas in & for said County of Essex (the same being a Court of Record) Do hereby certify that Samuel B Miller, before whom the fore- going Declaration of Josiah Gray & certificate of John Rodgers & Dennis Colez & the annexed af- fidavits of John B Osborn & Jonathan H Osborn were made & taken at the time of taking the same was & still is one of the Judges of said Court of Common Pleas duly commissioned and sworn & authorized to take the same that I am acquainted with the hand writing of said Judge & that the name "Sam l B Miller, Judge" signed to said Declaration Certificate & affidavit & also to the above certificate made by him are the genuine signatures of said Judge & that full faith & credit are due & may be given to his acts - In Testimony Whereof I have hereunto set my hand & affixed my Seal of Office at Newark on this 24 th day of August AD 1832 - E Wm M c dale Clerk

State of New-Jersey, Essex County ss. Be it known that on the Twenty-seventh day of July - in the year of our Lord One thousand Eight hundred and Thirty-two Personally appeared before me Samuel B. Miller One of the Judges of the Superior Court of Common Pleas in and for said County John B. Osborn and Jonathan H. Osborn of full age who being duly sworn according to law on their Oaths deposeth and saith that they reside in the Township of Westfield County of Essex and State of New-Jersey and are well acquainted with Josiah Gray of the same place and believe him to be about Seventy-six years old at his being a drafted soldier in the Militia in the Revolutionary War. - And the said John B. Osborn further saith that he was at Shrewsbury in Capt. Isaac Grains Company with the said Josiah Gray commanded by Col. Spencer and Well knowing that the said Gray done duty therein as a Drafted Soldier in said War. - The said Jonathan H. Osborn further saith that he done Militia duty with the said Josiah Gray Two Months at Rahway in the said County of Essex in the Revolutionary War. - And we do further certify that we believe the declaration made by the said Josiah Gray to be true.
Subscribed and sworn before me Sam d B. Miller
Judge
John B. Osborn Jonathan H. Osborn
I certify that John B. Osborn, & Jonathan H. Osborn, the above Deponents are considered & known to be men of truth & good standing when they signed. June 20 th . 1833.
Lewis Condict, late a Dep y from N. Jersey.

No 6593 - Josiah Gray
admitted 15 mo. Private $50
Hon L. Conrad

BRIEF in the case of  Josiah Gray  of Westfield in the State of  N. Jersey  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes  3. How old is he? 76  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.      Summer of 1776  declares he served "more than ONE year & three months"  "to the close of the war." 1 3  Col Swan. Col Thomas  Col Laing - Col Wines -  Major Morell. Col Southwick   
 5. In what battles was he engaged? Springfield - Connecticut farm  6. Where did he reside when he entered the service? Westfield - N.J.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditionary - 62 living witnesses not certified to be credible  8. Are the papers defective as to form or authentication? and if so, in what respect? papers not attached agreeably to the Regulations 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Sam Potts Counting Clerk.

New War.
INVALID.
File No. 826
Josiah Gray* Pris. N. J. dist.
Act June 7. 1882.
Index:—Vol. a , Page 136
[Arrangement of 1870.]
✓
* W.D.H. Sept. 20. 1907.

No 6593 Josiah Gray

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Josiah Gray 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? yes 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? not definitely stated VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes 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? 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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? no Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? no 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? papers not attached agreeably to the Regulations 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 the 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.
†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 authenticated 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 end 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.