On 7 June 1822, under an Act of Congress, the United States made provisions for veterans to receive a pension for their service during the American Revolution. William Kerby (or Curbo) was among those that filed an application for a pension. His pension hearing was held in the Precinct Court on 16 Sept 1833 in Jackson County, Tennessee before the Honorable Abraham Caruthers, Circuit Judge for the Third Judicial Court in Jackson County as follows:
On the 16th day of September, 1833 personally appeared before the Honorable Abraham Caruthers, Judge of the Third Judicial Circuit for the State aforesaid, now presiding in the County of Jackson and State of Tennessee, William Kerby, or as it is sometimes written William Curbo, a resident of the county and state aforesaid, aged seventy-four years on the 6th of July last {this suggests a birth year of 1758} who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the pension made by the Act of Congress passed June 7, 1932.
That he enlisted into the Army of the United States in the year 1775 {he would have been 17 years old} as he believes, but being wholly illiterate, in this he may be mistaken. He will however proceed with the narration of such facts or will enable the department without any difficulty to ascertain the justice or injustice of his application. He enlisted with Captain Thomas Harris, and served in the 4th Regiment of the North Carolina line, as he now understands it.
The regiment to which he belonged was commanded by Col. Thomas Polk, who was from the County of Mecklenburg, North Carolina. The first Major of the Regiment was George Davidson – long after this period Major Davidson was killed at Beatty’s Ford on the Catouba {Catawba??} River in a skirmish with the British and this declarant is of opinion and his recollection is so that at the time of his death he held the rank of General, in the state troops of North Carolina. James Fair was lieutenant in Capt. Harris’ Company. James Costs was Ensign. When he entered the guard he resided in Anson County, North Carolina near the town of Wadesborrough.
Captain Harris’ company joined the Regiment at Wilmington, North Carolina. The next day after reaching Wilmington, they set out on their march for Headley’s Point, near Charleston, South Carolina – where they remained in winter quarters until the following spring. From Charleston, the troops returned to Wilmington, where they remained, he believes about a month. From Wilmington, the troops marched to the town of Halifax, North Carolina. There were then at that place according to his recollection, five Regiments – General Francis Nash had the chief command of what troops were there – they remained there something like a month. From there they marched to Fredericksburg, Virginia where they only remained a few days and continued their march to the head of Elk in Pennsylvania, where they joined General Washington’s army. {Yes – the General Washington – future President George Washington!} From there they went to Philadelphia, by the way of what was called “the floating bridge” on the Schuylkill {River}. 
The Army remained some time in Philadelphia, how long he does not distinctly remember, but according to his recollection, he was in Philadelphia on the day that independence was declared. {Did you just get the goosebumps? I did – this is American history in action!} He was in the Battle of Brandywine [September 11, 1777] where he received a wound in the right arm near the shoulder. This wound was given by one of the British dragoons with a sword. {When I first read this I thought that a “dragoon” was a type of weapon; however, I found out that it was actually a type of soldier known as a Dragoon Guard. This designation was given to refer to a certain type of cavalry regiment in the British Army.} The wound is now distinctly to be seen, or rather the scar which the found first ??? and will be visible while he lives. At the same time and as he suppose from the same sword, he received a wound in the right hand, which in like manner has left an indelible mark. After the Battle of Brandywine, he went with the main Army into winter quarters at Valley Forge, there a great many of the North Carolina troops died, and this declarant, with others, was transferred to the Company commanded by Captain John Somers of Somers. The name of the Lieutenant was McGibboney. The name of the Ensign was Blount Whitmil. 
He states that previously to going into winter quarters at Valley Forge, he was in the Battle of Germantown. The winter of 1776 they occupied Valley Forge as winter quarters. The following summer, and according to his recollection, on the 17th day of July 1777, he was in the Battle of Monmouth. They remained, he says in Jersey, the winter of 1777. The following year, the period of his enlistment which was for three years, expired, and he obtained a discharge, signed by General Washington. {I wonder what that would be worth if we had that now??!} His father’s house was burnt in Anson County, North Carolina, at which time his discharge was burnt. This was during the war, and while this declarant was in the militia service. He had gone out as a substitute for his brother Joseph Kerby or Curbo, and the discharge had been left with his father, John Kerby. The whole period which he served his country was six years and three months; but, he was only three years in the regular or United States Army. He experienced many privations and hardships while in the militia, and on one occasion, at the capture of Charleston, was taken prisoner.
After, reading and digesting William’s testimony, I was overwhelmed with the wealth of information it contained. I wondered – was William Kerby just a fanciful story-teller? Or did he really live out this very fascinating piece of our American history? The oral family history insists that “William and Joseph were present when Cromwell surrendered to General Washington.” At first I thought – sure – wishful thinking! Now, I’m not so quick to disregard this family story. I found out that he was in fact not a storyteller – all of his claims are historical fact. (See my notes below regarding the people he mentions in his testimony.) In the end, William’s testimony was credible and the Judge ruled favorably by stating,,,,,and the said Court does hereby declare their opinion that the above-named applicant was a revolutionary soldier and served as he states.
Captain Thomas Harris, the Army officer that William claims to have enlisted with, did in fact exist. He was a resident of Iredell County, North Carolina. His pension hearing took place on 24 May 1821. On his oath he declared that he joined the continental army in April 1776 as a captain in the Fourth North Carolina Regiment and served in that army for {page torn} years in which time he rose to the rank of Major. He then on account of his health and other circumstances resigned his commission but afterwards went out in the Militia and acted as Aid to General Griffith Rutherford and was wounded and taken prisoner at the Battle of Camdon on 16 Aug 1780.
The following commanding officers – all served in the Revolution – actually existed – and are documented:
Thomas Polk – born abt 1732 in Pennsylvania – was one of the original settlers in the area now known as Charlotte, North Carolina. During the 1750s, this area was located in Anson County, North Carolina. In 1775, Thomas was one of the signers of the Mecklenburg Declaration of Independence. He was a revolutionary war officer and rose to the rank of Brigadier General. He died in June of 1794.
George Davidson – born abt 1738 in Ireland – was a Captain who commanded the First Regiment of the North Carolina Line from Sept. 1775 to Feb 1777. He later rose to the rank of Colonel of the North Carolina Militia. He died in Iredell County, North Carolina.
John Summers/Somers – He served in the North Carolina Regiment as Lieutenant and later as Captain. He was taken prisoner at William’s Plantation in July of 1780. He retired from military service in 1883.
Patrick McGibboney – was a Captain with the Fourth Regiment, North Carolina Continental Line. He was born in Scotland about 1743 and died in Greensboro, Gilford County, North Carolina in February of 1804.
Thomas Blunt Whitmill – was known as Blunt. His widow filed an application for his pension. She stated that he was a Lieutenant in the North Carolina Continental line. She states that her husband received a land grant for his service; that he participated in the Battle of Brandywine. She stated that her husband died in September of 1798.
General Francis Nash – was born in Prince Edward County, Virginia in 1742. Early in his life his parents moved to North Carolina. At a young age, General Nash became a merchant, attorney and Justice of the Peace. In 1775, he was elected Lieutenant Col. of the First North Carolina Regiment, Continental Army. He took part in the expedition to Charleston – and was in short order promoted to Brigadier General. He received orders to march his troops north to join the Army of General George Washington. While in the north, General Nash commanded a bridge at the Battle of Germantown, Pennsylvania where on 4 Oct 1777 he was mortally wounded. Further, when researching life in the City of Philadelphia during the Revolutionary War, I found out that what is now known as Market Street Bridge is located where Market Street crosses the Schuylkill River. Before the bridge was built, the citizens depended on ferry boats and a couple of crude floating bridges to cross the river. While the British were in possession of Philadelphia during the war, there existed a pontoon bridge at this location and later a plank floor bridge of floating logs. I suppose this could be the “floating bridge” of which William speaks in his testimony.
Stay tuned for Part 3 – brick walls – a contest – and a prize !!
Curbow-Montoya Family 