Revolutionary War Pension and Bounty Land Warrant Application File W. 23179, John Hayes, New York

SERVICE
NUMBER
New York
Hayes, John for Hayes
W 23/79
also after 1790 under McElair
Oliver
CONTENTS

5652 New York Ulster Aline Hays widow of John KY who served in the Revolutionary war, as a private
Set to B. M. Hays 25 m. F. E. Haplin Feb 28 1853
Inscribed on the Roll at the rate of 30 Dollars 00 Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 30 th day of May 1837 and sent to H. H. Schueler Present
Recorded on Roll of Pensioners under act February 2, 1848, Page 86. Vol. 4.

Declaration
In order to obtain the benefit of the act of Congress passed the 7 th July 1838 entitled an act granting half pay and pensions to certain widows, —
State of New York, Greene County, ss.
On this Nineteenth day of February in the year A.D. one thousand eight hundred and forty Seven personally appeared before me Perkins King First Judge of the County Courts in and for said County of Greene. Olive Hays a resident of the town of Cairo in said County, aged Seventy eight years, who being by me 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 th 1838 entitled an act granting half pay and pensions to certain widows.
That she is the widow of John Hays who to the best of her knowledge and belief resided in Washington  Washington County in the State of New York & that near the close of the revolutionary war he the said John Hays entered the service of the United States as a private Soldier in the Continental line for the term of Nine Months as she now believes in a Company commanded by Captain Johnson until discharged
She further declares that after the revolutionary war the said John Hays removed into Greene County in said State of New York & that in the year 1818. he made application for a pension under the act of 1818 which was refused or rejected by the War Department.
She further declares that she has no documentary evidence nor does she know of any living witness to

prove her Statement made above, but would respectfully refer to the declaration of her husband the said John Hays made under said act of 1818 & now on file in the War Department at Washington? —
She further declares that she was married to the said John Hays on the twenty second day of May in the year one thousand seven hundred and Ninety, that the ceremony was performed by the Reverend Elders Mudge who was then a clergyman of the Baptist Church in said town of Cairn at a place called Acre?
That her maiden name previous to her marriage to said Hays was Olive Hine?
And that her husband the said John Hays, died in said town of Cairn on the eighteenth day of Decem December in the year one thousand eight hundred and thirty?
That she was not married to him prior to his leaving the Service, but the marriage took place previous to the first of January 1794, viz at the time above stated. That she has no documentary evidence to prove her marriage except the annexed family record and the affidavit of Timothy Webster — who are her neighbors? And that ever since the death of her husband the said John Hays she has not intermarried but continues her widow as will more fully appear by reference to the proof herunto annexed
Sworn to and subscribed on the day Olive Hays and year first above written before me & I do further certify that I am personally acquainted with the
above named applicant, is a very respectable citizen & her statement entitled to full credit & I the said Judge do further certify that from bodily infirmity she is unable to attend Court.
Perkins Hine First Judge of Franklin County

State of New York Greene County ss.
Benjamin Hays of the town of Cairo County and state aforesaid being duly sworn, deponeth and saith that he is the XXXXXX son of Olive Hays widow of John Hays deceased. That his father the said John Hays died on the eighteenth day of December in the year one thousand eight hundred and thirty in said town of Cairo & left him surviving the said Olive Hays whose maiden name before her marriage was Olive Hine and who has not intermarried but remains the widow of deponent's father the said John Hays for whose services in the revolution she is now an applicant for a pension.
Deponent further saith that he has often heard his father relate the events of the revolution in which he was engaged as a Soldier, and believes from his frequent conversations that his father the said John Hays did serve eight or nine months in the Continental line for which services he made application for a pension but for some cause unknown to deponent he failed in obtaining one. Deponent further saith that he has also heard his father say that he had been engaged as a Soldier against the Indians after the Rev. war under the command of Genl. XXXXXX  St. Clair . Deponent further saith that his father in his lifetime had a record of his marriage and the birth of his children kept in his own hand writing in his family bible, which said record & bible became much mutilated, deponent took a copy from said records — several years since which is herunto annexed & that the original is now lost and cannot be found & further this deponent saith not.
Sworn & subscribed before me this 21 st day of April 1848 known to me to be a respectable — { Benjamin H. Hays,

citizen and whose statement is entitled to credit and I further certify that I am personally acquainted with said deponent & who is a near neighbor,
W alter G. Justice of the Peace in & for the County of Greene

Benjamin Hine Hayes & Phoebe Ann Marquet were married November Twenty fifth Eighteen hundred & Forty three.
John Hayes was born February 7 th 1766
Oliver Hayes was born January 28 th 1769
John & Oliver Hayes were married May 22 nd 1790
Emmanuel Hayes was born Nov. 10 th 1795.
Samuel L. Hayes was born April 30 th 1798
Calvin W. Hayes was born May 29 th 1799
Clarissa H. Hayes was born Feb. 7 th 1801
William C. Hayes was born Oct. 21 st 1802
Martin J. Hayes was born April 15 th 1805.
Benjamin H. Hayes was born Feb. 18-1807.
B. Hayes was born 1809

John Hayes Died Dec. 18-1830.
Clarissa H. Hayes died June 10-1832.
Emma H. Hayes died February 11-1842.

STATE OF NEW YORK, } ss. Greene County Clerk's Office. }
I, JACOB VAN ORDEN, Clerk of said County, do hereby certify that
Augustus H. Noble before whom the annexed Deposition now was made, and whose name is thereto subscribed, was at the date thereof a Justice of the Peace in and for said County, duly authorized to take the same, and that the signature thereto subscribed is  is genuine.
WITNESS my hand and official seal, at Catskill, this 24 th day of
September 185 2
Jacob Van Orden Clerk
3/2

State of New York County of Greene 38
Benjamin W. Hayes of the town of Hunter, County of Greene and State aforesaid being duly sworn, deponeth and saith, that he is the son of John and Olive Hayes whose names are at the head of the annexed family record. that his father said John Hayes during his life time kept a family record in his bible in his own hand writing. that subsequent to the decease of his father, said family record being in a state of decay, the deponent made a copy thereof which was forwarded to the Commissioner of Pensions several years since, & that the annexed family record is a recopy of the same and agrees with the original with the exception of that portion relating to the deaths of members of the family, said portion being an original entry made by the deponent. And the deponent further saith that he knows of no public record of the marriage of his parents the said John & Olive Hayes, and deponent further saith that he has understood by his mother, Olive Hayes, that her marriage to his father, John Hayes, was consummated by one Elder Mudge of the Baptist Church, & in the town of Cairo, in said County of Green, but deponent is not aware of the place of residence of said

Murder, or that he is now living.
Benjamin H. Hayes.
Sworn & Subscribed this 24 th day of September 1852. Then Mr & I further Certify that I am personally well acquainted with abandoned Depositor & that he is entitled to full credit as a witness.
Augustus Hill Justice of the Peace " " "

FAMILY RECORD.
BIRTHS.
John Hayes, born Feb. 7-1766. Olive Hine " Jan. 28-1769. John & Olive Hayes were married May 22 d 1790.
Emma C. Hayes, born Nov. 10-1795 Died Feb. 11 th 1842
Samuel L. Hayes b. Ap 30-1797. died Oct. 68-1849, at San Francisco
Calvin W. Hayes b. May 29-1799
Clarissa H. Hayes b. Feb. 7-1801 Died June 10 th 1832.
William C. Hayes b. Oct 21-1802
Martin G. Hayes b. Ap. 15-1805
Benjamin H. Hayes b. Feb. 18-1807
Lozen B. Hayes b. Mar. 24-1809
John Hayes died Dec. 18-1830 Olive Hayes died Ap 4 th 1851
BIRTHS.

FAMILY RECORD.
DEATHS.
John Hayes died Dec. 18 th 1830
Oliver Hayes died April 4 th , 1851 Aet. 82 Yr. 2 M. 8 ds.
DEATHS.

Declaration of John Hays John a enroute Soldier New York line 1832 9 months
On the territory for the war appointment
June 8 th 1818
There were no enlistments on the continental establishment for 9 months in the N. York line.
July 6. 1846
Hays.
June 7. 1832
  25  9  125  68  
  50  9  700  
Hon. J. F. Collins ITR July 6. '46

State of New York } On this 8th day of June 1818 Chenango County ss. } Before me the Subscriber Charles
Joslyn one of the Judges of Chenango common Pleas in the State aforesaid personally appears John Hayes Aged 52. Years resident in the town of Bain- bridge in the County of Greene in the State aforesaid who being by me first duly sworn according to law doth make the following declaration, in order to obtain the provisions of the late act of congress entitled an act to provide for certain persons engaged in the Land & Naval Service of the United States in the revolution- ary war. That he the said John Hayes enlisted in the year 1782 in the company commanded by Capt. Johnson in the New York line and continued to serve in the said corps nine months the term of his enlistment, and was discharged at New Windsor in the State of New York. That he was never in any regular battles but in some skirmishes that he is in reduced circumstances and stands in need of the assistance of his country for support and that he has no other means of his said services now in his view.
Sworn and subscribed this day and the year aforesaid before me. John Hayes
Charles Joslyn
one of the Judges of Chenango common Pleas

Charles Soperlyn one of the Judges of Chancery common pleas in the State of Pennsylvania do Certify that it appears to my satisfaction that the said John Hays did serve in the revolution ary war against the common enemy as stated in the preceding recitation, and that I know his circumstances to be innocent and I now confirm the proceedings and testimony as taken and laid before me to the history for the war department in reference to the connection of the above mentioned out of Congress
Charles Soperlyn
one of the Judges of Chancery who in the State of Pennsylvania
State of New York County of New York } City of New York } August 19th 1818 }
I hereby certify that the above named Charles Soperlyn Esquire was at the time the above disposition was made before him a Judge of the Court of Common Pleas in and for said County and that the above signature is the hand writing of the said Charles.
M c Dougall

State of New York County of Greene } ss
Submit Brooks of the Town of Cairo County and State aforesaid being duly sworn deposes & says that she was intimately acquainted with Olive Weire and also acquainted with John Wayrs prior to their marriage to each other. That the said Olive Weire and John Wayrs were reputed to have been so married prior to the year one thousand seven hundred and ninety four and that they lived together prior to that time as Husband and Wife without reproach and resided in the said Town of Cairo, County and State aforesaid. That this deponent was married to Eli Brooks in the year one thousand eight hundred and ninety five and that this deponent is positive that the said John Wayrs and Olive were reputed to have been married and lived together as Husband and Wife without reproach several years prior to the deponents said marriage That the years said John Wayrs and Olive had children during their said marriage. That the said Olive Wayrs is now surviving & is still the widow of the said John Wayrs deceased
Submit Brooks Sworn and subscribed this 25 th day (The word years is here inserted) of January 1851 before me Augustus Hill Justice of the Peace
I hereby certify that I am personally acquainted with Mrs. Submit Brooks & believe her to be a person of good moral character & entitled to full credit as a witness. I further certify that I have examined the family records of Eli Brooks husband of the said Submit Brooks & find from said records that Eli Brooks was married to Submit Brooks on the 21 st day of September 1795
January 25 th 1851 Augustus Hill Justice of the Peace

State of New York County of Greene
I Jacob Van Orden Clerk of the County of Greene afore- said do certify that Augustus Hill Esqr before whom the foregoing affidavit of Submit Brooks purports to have been sworn & subscribed was at the date of the same a Justice of the peace in & for said Coun- ty duly authorized by law to administer oaths and that his name subscribed to the jurat of said affidavit is his genuine Signature
In testimony whereof I have hereunto set my hand & affixed my official Seal This 3 rd day February 1881
J Van Orden Clk
Chas Hays NY
Sup c Ad 38 M th H th
H H Sykes H th Rep c

Olive Hays, wid of John N. York.
Act 7 July 1838 H.
adm. 9 mo. per - $30. per Annum from 4 March '36. except 2 years.
Payable to her.
sent to H H Sylvester Present.

Charleston W.H. Sept 29 50
Sir
In the case of Alvin Hayes, motion of the can apply for a pension under the Act of July 7, 1838 There appears to be some misapprehension
The letter to explain the difficulty I enclose your letter.
In your letter of Sept 23 d 1846, you state that "Mr. Hayes was a 9 th man in 1782 & while in that of Nov 1846 you call for proof of service as further proof of marriage.
The marriage I believe is, according to your former requests simply proved: as soon as the proof service is admitted, I see no reason why a certificate should not be issued.
Ever Respectfully
A. H. Sylvester
Col. Edwards

July 20 th 18
1968, 364
Mrs Oliver Ditchfield & N E
Mrs Oliver Ditchfield
NY
John D. Ditchfield Barnes of Columbia
Nathan Leake

Washington July 17 th 1848
Sir
I herewith enclose some original documents No: 1-2. 384, received from Mrs Olive Holckiss of New York tending to show the service of her husband as Waggon Master, also her application for an increase of pension under the law of 4 th July '36
I also send the claim of Mrs Olive Hays widow of John Hays dec d . under the act of 7 th July 1838, her husband made application for a pension under the law of 18 March 1818, it is believed his papers are on file & she refers to them for proof of service. his claim was suspended or rejected for reasons not now known to her
It appears from the copy of the family record enclosed that the marriage took place on the 22 nd May 1790. This claim is believed to be made out to the satisfaction of the department & your early decision is respectfully requested.
Very Respectfully
Your obt Servt.
Nathan Seake
Hon J. L. Edward Comm r of Pensions

Thos. H. Smith, widow Geranium n. York
No 13528
Oliver Days N
Set to Ben F. Collins 13 July 46 " " " do 31 " " " " " same 23 Sep " " " " N Seake, 24 Nov 48 Hen P H Silver 2 Aug 49 " H. H. Sylvester 10 Oct 1850
act 7 July 1838

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by J.W. Rice
Claim No. W. 23179
Certificate No. _____
Claimant John Hays or Hayne
Soldier Rev. War.
Service _____
Additional Service _____
No _____ claim, State records _____, 191 _____
No claim, combination records _____, 191 _____
REMARKS:
No rejected other than that with W. 23179 except R. 4786. Pa. service not identical.
MAY 3 - 1911

9016 New York Albany Alice Hays widow of John who was a private in the Revolution
Inscribed on the Roll at the rate of 30 Dollars 00 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 30 th day of May 1837 and sent to
H. H. Sylvester Esq Present
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book A, Vol. 2, Page 287

John Hayes 37,309
N. Y.
Letter to Hon. J. F. Collins 13. July, 1846
" " " 31. - -
" Same Sept 23 '46
Act June 7 th 1832

No 13728
Olive Ways
NY
Let to Nathan Deake
Nov 24th 1848
let to N. P. H. Silverton
2 rent 49
act 7 July 1838

Rev WIDOW, &c.
File No. 23179
Oliver Hays Wid of John Hays Rev Rev-war
Act Feb 3 rd 1848
Index : Vol A Page 316
[Arrangement of 1870.]

letter from Department for Olive Hays Olive Hotchkiss

Orphan. from letter to Mr. Leake C. Esq. dated November 24, D 1848.
The papers in the case of Abie Hays, widow of John Hays have been examined and filed under the act of Feb 1838.
The evidence presented is not satisfactory to establish the date of their marriage, or of the demise of her husband, the first should be proved by the records of the Town or church in which the rites were performed if such can be procured, and the latter by the Certificate of the Comptroller of New York. Hays has no papers on file in this office under the act of 18 March 1818. Nor can his name be found upon the Rolls of the New York line. No evidence in support of his claim has been produced, and the paper purporting to contain the Marriage Register does not bear that appearance of age that would make it available as proof of the date of that event.

37,309
John Hayes
N.Y.
Act June '32

Pension Office, July 13, 1846.
Sir,
The declaration of John Hayes, made in 1818, transmitted by you, has been examined and filed under the act of June 7, 1832 . If he is still alive, he should regularly assert his claim under that act, conformably to the regulations herewith enclosed.
In the event of his being dead, his widow or children should set forth his claim, furnish the certificate of a Court of Record as to the day of his death, and name of his widow, or if no widow, of his child or children, and adduce the evidence afforded by the Comptroller's Books at Albany of his alleged service of nine months in 1782 in the N. York Line.
I have the honor to be,
Very respectfully,
Your Obdt. Servt.
J. L. Edwards
Hon. J. F. Collins House of Representatives.

Hillsboro Sept 10 th 1846 Hon Commissioner of Pensions Dear Sir
I herewith enclose to you a letter from the Hon Henry Wynn koop I do not wish to be understood as approving of or concurring in much that he says in his letter Much that he disapproves of in your conduct I am disposed to commend that vigi- lance which you exercise in your depart- ment and which he seems disposed to condemn with some bitterness I am also a little inclined to think that my friend Wynn koop's philanthropy and zeal for pensions is a little stimula- ted by self interest Whatever you can consistent with your usages answer of the inquiries made by the Judge I shall be gratified to communicate to him
Most Respectfully Yours
John S. Collins

22
Cairo N.Y.
July 5. 1851
B. H. Hayes
Asks, 'What amount of pension is due Olive Hayes widow of John Hayes & what amount has been paid her agt. Mr Winecoop & Co.
M. Cole
Olive Hayes N.Y.
Referred to the Com. of Pensions for a reply sent into 3 July 8/51

Cairo, Greene Co. N.Y. July 5th 1851.
To the Secretary of the Interior, Sir,
A pension has been obtained for Olive Hayes (widow of John Hayes) of Cairo, Greene Co. New York, by her agent, a Mr. Wincoop. The undersigned will have to receive the amount of said pension from said Wincoop and settle with him therefor. Circumstances have made it seem proper that the undersigned should enquire of you as to the amount of pension granted said Olive Hayes. Please, therefore, inform me what length of time back the pension allowed extends, the yearly amount, and whether any back pay of said John Hayes was added to said pension.
Very Respectfully Yours,
B. H. Hayes.
P.S. Direct to "B. H. Hayes, Cairo, Greene Co. N.Y."

Pension Office September 23 rd 1846.
Sir,
I have the honor to acknowledge the letter of Mr. Wlynkroop, and am not aware of the object he has in view. My letter of the 13 th July required a claim to be asserted for the alleged service of John Neary, whose claim under act of 1818 had been rejected. In reply to Mr. Wlynkroop's letter I informed you in my letter of the 20 th ultimo, that he was aware that he was not entitled to the information which he sought, thro' your privilege as a public fiduciary. His present indicates no object, but evinces displeasure. I can only reply to it by referring him to my letter upon which he comments, and assure him that he will best subserve the interests of the claimant, by complying with its requisitions.
The modified rules of evidence adopted by the Department (by which even ex parte depositions

drawn up by the Agent, are admissible) impose upon those who are entrusted with the administrative duties of applying them, the utmost caution and Circumspection. There is no claim for Hays' service before this Department, and until one is formally asserted Mr. Wm Roop is not authorized to burthen and embarrass the current business by a correspondence to explore the ground for asserting one.
John Hays was a nine months Key in 1782 in Van Cortlandt Regiment.
I have the honor to be, Very respectfully, Your Ex, Servt. J L Edwards
Wm. J. H. Collins,
Willsdale,
New York

Coxtackie 31 st July 49.
J. I. Edwards Esqr.
Dear Sir -
Can you tell me what disposition has been made of the cases of Alice Hays who applied under the act of '38 & Alice White Whip who applied under the act of '36. Also the case of Jennifer Hunt who applied under the act of 1836. I believe that I presented these cases -
Yours resp P. H. Weston -

11.118
New York Albany
Widow of John Hays who died on the 18 th Mar ch 1834 of Greene Co in the State of N.Y. who was a private in the Comp y commanded by Captain Thompson of the Reg t commanded by Col  ... in the N.Y. line for nine months
Inscribed on the Roll of Albany at the rate of 30 Dollars 00 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 30 th day of May 1837 and sent to A. H. Sylvester
Arrears to the 4th of Semi-annual allowance ending
{ Revolutionary Claim, } { Act July 7, 1838. }
Recorded by
Vol
Clerk. Page 173
J. B. Wrightman

State of New York } Greene County } fs.
Timothy Webster of the town of Cairo, County of Greene and State aforesaid, being duly sworn, says that he is 79 years of age; that he was well acquainted with Olive Hayes and her husband John Hayes before their decease; that his acquaintance with them commenced before their marriage, that he lived in the same town with them for a long series of years after their marriage & that, although not present at their marriage, yet from his own observation and from common fame, he fully believes that said Olive Hayes, (whose maiden name was Olive Wine) was legally married to to said John Hayes, and deponent further says that to his knowledge said John and Olive Hayes lived together as man and wife, without reproach, for a great number of years, and up to the death of said John Hayes, & that they had several children.
Timothy Webster
Sworn & Subscribed this 3 rd day of September 1882 before me & I further certify that I am personally well acquainted with above named deponent & believe him entitled to full credit as a witness
Augustus Nitt Justice of the Peace

State of New York County of Greene } 018
Submit Brooks of the town of Cairo, County & State aforesaid, aged eighty four Years, being by me first duly sworn, doth on her oath depose & say, that she was personally well acquainted with John Ways & Olin Ways, his wife in their lifetime before & after their marriage, that the name of the said Olin Ways before her marriage to John Ways was Olin Wine. Depose further says that to her personal knowledge the said John Ways & Olin Ways lived together as man & wife without reproach for a great number of years, & had a large family of children. Depose further says she is a competent witness -
In Presence of Augustus Hill J. B. H. of Ford
her Submit X Brooks mark
Sworn & Subscribed this 24 th day of September 1852. Before me and I further certify that I am personally well acquainted with the above named deponent, & that she is entitled to full credit as a witness. I further certify that, Dependent, says she once knew the art of writing, but in consequence of the infirmity of old age she cannot now write her name & makes her mark.
Augustus Hill Justice of the Peace 11/29/52

State of New York County of Green } ss
Horatio L Day of the town of Cairo County & State aforesaid being by me first duly sworn doth on his oath depose & say that he is now acting Town Clerk of the town of Cairo in said County duly elected & qualified as such Clerk & Keeper of the records & papers of said town. & that he has the day made a personal diligent and careful search in said records to find the marriage record of John Hayes & Oliver Hayes. Deposition further says that after such search as aforesaid he cannot find any record or memorandum of the marriage of said John Hayes & Oliver Hayes in said town records. Deposition further says he is a disinterested witness
Horatio L Day Town Clerk of Cairo
Sworn & Subscribed this 24 th day of September 1852 before me. I further certify that I am personally well acquainted with the above named Deposition & that he is town clerk of the town of Cairo & a credible as a witness
Augustus Hill Justice of the Peace

Oct 1. 52
Revolutionary
Olive Hays widow of John Add evidence
Kirby
Oct 1 filed 28 Sept 1952
BEWank

Westminster City 26 Septm 2 8 1852 Honorable J. C. Heath Commissioner of Pensions Sir
Enclosed please find the papers in the case of Olive Hayes an applicant for a Revolutionary Pension which you will perceive fully establishes the fact of her marriage - I hope that the Department will please grant her a Pension under the act, 7 July 1838. -
I am respectfully F. C. Hassler

State of New Jersey County of Gloucester
Walker Noble of the town of Cain County & State aforesaid being by me first duly sworn doth on his oath depose & say that he is now acting Clerk and Keeper of the records & papers of the Baptist Church & Society of the town of Cain in said County Depose further says he has the day made personal search on said records to find the the marriage of John Hays & Oliver Hays & that after such search he cannot find any record or memorandum of the marriage of said John Hays & Oliver Hays. Depose further says there is no other Baptist Church & Society in the town of Cain County & State aforesaid Depose further says he is a trustworthy witness
Walker Noble Clerk
Sworn and subscribed this 24 th day of September 1852 Before me and I certify that I am personally well acquainted with the above named person & that he is credible as a witness
Augustus Hill Justice of the Peace

State of New York Greene County ss
I Isaac Van Schoick Clerk of the County of Greene do hereby certify that Perkins King Esquire before whom the annexed declaration of Olive Hays purports to have been sworn and subscribed was at the date of the same First Judge of the County Court of said County duly commissioned and qualified and that his name subscribed to the jurat of said declaration is his genuine signature, And that W. Telfair G. Esquire before whom the affidavits of Timothy Webster, Benjamin H. Hays and Samuel L. Hays purports to have been subscribed and sworn was at the dates of the several affidavits a Justice of the Peace duly elected and qualified and that his name subscribed to the jurats of the said several affidavits purporting to be his I believe to be his genuine signatures
In testimony whereof I have hereunto set my hand affixed my official Seal this 11 th day of January 1848.
Isaac Van Schoick Clerk of said County

State of New York Greene County
Timothy Webster of the town of Cairo County and State aforesaid being duly sworn Deponth and saith that he is Seventy four years of age, and is well acquainted with Olive Hays widow of John Hays decd who is a near neighbor of deponent, deponent well remembers the time that said John Hays was legally married to the said Olive whose maiden name was Olive Thine, Deponent does not remember the precise date of their marriage but is satisfied from his present recollection that it took place more than fifty years since, That during the lifetime of the said John Hays he has often conversed with him and has frequently heard him say he had been a Soldier but for what length of time deponent does not know, That after their marriage the said John and Olive Hays lived together as man and wife and had several children, that said John Hays died several years since and his widow the said Olive is still living and has not intermarried but still remains a widow and as deponent was informed is now an applicant for a pension for the services of her husband the said John Hays deceased and further this deponent saith not
Sworn and subscribed this 22 day of April 1847 before me by said deponent to me well known a respectable citizen Timothy Webster an intelligent farmer and whose statement is entitled to credit
W. Telfair G. Justice of the Peace in & for the County Greene

State of New York Greene County ss
Samuel S. Hays of the town of Cairo County of State of said being duly sworn deponeth and saith that he is the eldest son of Olive Hays widow of John Hays That his father the said John Hays died on the eighteenth day of December in the year one thousand eight hundred and thirty three in said town of Cairo and left him surviving the said Olive whose maiden name was Olive Thiner who has not intermarried but continues the widow of said John Hays due for whose Services in the revolution she is now an applicant for a pension
Deponent further saith that he has often heard his father re- late the events of the revolution in which he was engaged & from his present recollection and he believes his father has told deponent that he was engaged as a private Sol- dier near the close of the revolutionary war in the Conti- nental line for the term of eight or nine Months, for which Services he made application for a pension under the act of 1818 but failed in obtaining one for some cause unknown to this deponent. Deponent has also heard his father the said Hays say that he was engaged after his marriage to said Olive in an expedition against the Indians under the command of General St Clair but for what length of time deponent does not now remember.
Deponent further saith that his father in his lifetime kept a family record in his own hand writing, which contained the marriage of the said John Hays to his mother the said Olive, and also the date of the birth of his children, which record is now lost as deponent now believes, that the an- nexed record purporting to contain the same, was copied from said original record, and hereby believes it be a true and perfect copy of said record, which deponent be- lieves was copied several years since by his brother Benja-

min Hays and further this deponent saith not sworn and subscribed on this 20 th day of April 1817 before me by said Samuel L. Hays Esq known to me to be a respectable citizen & his statement entitled to credit
Samuel L. Hays
My Office of Justice of the Peace
in & for said County
No 13728
Oliver Hays bro of John
NY
act 7 July 1838
husband died 1830