Revolutionary War Pension and Bounty Land Warrant Application File S. 45445, for Charles Kelley, Connecticut
Page 1

(3-1776)

SERVICE
Conn.

Kelley, Charles
or Kelly

NUMBER S. 45445

CONTENTS
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17.830
R
New-York.
17.830 17.830

Charless Kelley, of Genesee Co: N. Y. late a private of Colo. Samuel H Parsons, of the Connecticut line, 11 mos. In the army of the United States during the Revolutionary War.

Inscribed on the Roll of New-York, at the rate of 8 Dollars per month, to commence on the 1st. of May, 1818.

Certificate of Pension issued the 30. Sept. 1820. and sent to Samuel Lake, agent, Batavia, New-York.

Arrears to 4th of Sept. 1820. $225.06.
Semi-anl. all'ce ending 2 March
28 mos. 4/30 } 1820. } 40 "
273.06.

{Revolutionary claim,
Act 18th March, 1818.}
and 1st. May,
1820...}
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AT a court of Common Pleas held at the Court House in the village of Batavia in and for the county of Genesee, in the State of New-York; on the sixteenth day of June of the term of June 1820, being a Court of Record, in pursuance of the 41st article of the Constitution of the state of New-York, which has unlimited jurisdiction, keeps records of its proceedings, and has immemorially exercised the power of fine and imprisonment.

Present, the Hon. John H Jones Richard Smith Moses Hayden & Isaac Wilson Judges

GENESEE COUNTY, ss.-On this sixteenth day of June 1820, personally appeared in open Court, (being a Court of Record,) Charles Kelley aged seventy one years, resident of the town of Ogden in said county, who being first duly sworn according to law, doth, on his oath, declare that he served in the Revolutionary war as follows:- One and a half years served one year in Capt. Chapman Company in Col. Saml. Pearsons' Regiment Connecticut Line, Liberated from the prison ship Dutton in the winter of the year 1777 that his declaration was dated the 1st. of May 1818 and accompanied this Inventory & Oath
And I do solemnly swear that I was a resident Citizen of the United States, on the eighteenth day of March, one thousand eight hundred and eighteen, and that I have not, since that time, by gift sale or in any manner whatever, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certian [certain] persons engaged in the land and naval service of the United States in the revolutioanry war," passed on the eighteenth day of March, one thousand eight hundred and eighteen, and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed and by me subscribed

Inventory or Schedule
Real Estate I have none
Personal Property, 1 Cow & 1 Calf - 1 Sheep & 1 Lamb 3 small swine - 1 old Hoe - 1 old sickle
2 Barrels for meal & flour - 1 Wash tub - 1 Old Kitchen Table - 1 Small tub - 5 Old Chairs - 2 Wooden Pails 2 Iron [illegible, "spoons"?] - 2 Spinning Wheels - old & poor - 1. Common old Chest with 3 drawers - 1. 6 Gallon Iron Kettle Broken - 1. 2 Gallon Do. - 1. 2 Gallon Pot Broken - 1. Tea Kettle Broken - 1 Trammel, 1. Old fire shovel - 1 pair small steelyards 1. Flat Iron - 2 Cups & Saucers - 6 Earthen plates - 2 Old pewter Platters - 1 Old pewter tea pot - 4 Earthen Bowls - 1 Brown Earthen mug - 1 Small Glass Bottle -

I am owing debts to the following persons viz to Charles Church of Ogden $20.00
to Hubbard Hall of Riga - 4.00
to Wyllys Buell of Le Roy - 5.00
$29.00
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And the Deponent further says he is a farmer by Occupation, but that he has become so infirm he is not able to do any kind of labor, that he has a wife named Sarah aged sixty six years, that he has no Children under age, and that he lives in a house belonging to his son Charles Kelley in the Town of Ogden on whom he is wholly dependant [dependent] for support except the little property above mentioned, and that the necessary wearing apparrel [apparel] and Bedding do not exceed the Sum of thirty Dollars in Value -
Charles X Kelly his mark
Sworn and subscribed the 16th of June 1820 Before me S. Cumings Clerk of Gen. Com. Pleas in Open Court
I Simeon Cumings Clerk of the Court of Common Pleas in and for said County do hereby Certify that the foregoing oath (or affirmation) & the Schedule thereto annexed are truly Copied from the Record of the said Court, and I do further certify that it is the opinion of the said Court that the total amount in Value of property exibited [exhibited] in the aforesaid Schedule is Thirty seven Dollars -
In Testimony whereof I have hereto set my hand & affixed the Seal of the said Court on this 17th day of June 1820. ~
S. Cumings Clerk of the Court for the County of Genesee
By A. Stevens Dep. Clk
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17.413.
Charles Kelley
Genessee [Genesee] Co: N. Y.
original declaration,
1st. May, 1818:

Colo. Samuel Parsons's regiment, Connectt. line December 1776, to November, 1777. -
Seven months.

Service proved by two credible witnesses.

worth $. 37.00

Samuel Lake, agent
Batavia, N. York,
19. Sept. 1820
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Genesee County
State of New York } ss:
On this first day of May AD eighteen hundred and eighteen before me the subscriber, one of the Judges of the Court of Common Pleas for the said County of Genesee, in the state of New York, personally appears Charles Kelley - aged sixty seven years, resident in Parma in the said County, who being by me first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the provision made by the late act of Congress, entitled An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war. That the said Charles Kelley enlisted in Roxbury in the state of Massachusetts in the month of December 1776 in the company commanded by Captain Richard Hewett in the Regiment commanded by Colonel Samuel Prentice of the Connecticut line that he continued to serve in the said corps or in the service of the United States untill [until] December 1777, when he could get no discharge by reason of his being a prisoner having been taken at fort Washington on the sixteenth day of November 1777, and conveyed from there to the City of New York, where he was put on board and confined in the prison ship called the Dutton, that he was not released till [til] about the middle of January 1778, when he was set at liberty without a discharge. That he was in the battle of Long Island, and the one fought on the day succeeding the evacuation of the City of New York, and that he was in [illegible] skirmishes, and that he is in reduced circumstances and stands in need of the assistance of his country for support and that he has no other evidence now in his power of his said services
Charles X Kelley, his [mark]
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Mark -

Witness Charles Treat
Sworn to and subscribed before me the day and year abovementioned
Ella Smith
I, Ella Smith one of the Judges of the Court of Common Pleas in and for the said County of Genesee

do certify that it appears to my satisfaction that the said Charles Kelley, did serve in the revolutionary war, as stated in the preceding declaration against the common enemy and I now transmit the proceedings and testimony taken and had before me, to the secretary for the department of war, pursuant to the direction of the aforementioned act of Congress, Dated at Le Ray Genesee County 1st May 1818
Ella Smith

Lansing Russell being by me duly sworn deposeth and saith that Charles Kelley has owned no land for said years past, that he lives on land which his son Charles Kelley junior holds under an article of agreement, that he has no personal property except a cow, two sheep, two shoats & some house hold furniture of inconsiderable value, that he has a wife and one grand child, a boy, about 12 years of age unable to work in consequence of infirmity, that he is occasionally assisted by his son Charles, that the said Kelley is able to do some work but is poor & not able to support himself comfortably.
Lonson Russell
Sworn & subscribed Aug. 29. 1818 before me
James W. Stevens
one of the Judges of the Court of Common pleas for Genesee County New York
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It appears that Charles Kelley has little property and is poor. He has the appearance of an aged man complains of the rheumatism says his sufferings were great on board the prison ship at New York. I am of opinion that his age and poverty will intitle [entitle] him to a pension should his services be duly proved
James W. Stevens
Judge as aforesaid
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State of New York
Genesee County SS } I Simeon Cumings Clerk of said County do certify that Ella Smith & James W Stevens Esqrs before whom the within proceedings were had were at the times of taking the same Judges of the Court of Common Pleas for said County, and that the within are their respective signatures
In testimony whereof I have hereunto set my hand and County Seal this 29th day of August 1818
S. Cumings
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Charles Kelley
of [illegible]
claim for Pension
1st May 1818

Decr. 1776
Enlisted in Col. Prentice's Regt. Connt. Line. In 17 [blotted out]
Prisoner & confined in the Prison Ship at New York till Jany 1778 when he was released

[illegible] Ella Smith Judge
If the applicant from his reduced circumstances stands in need of the assistance of the country for support the Judges certificate to that effect of [illegible] of that fact should be annexed. The Colo. should be stated. Prentice did not comd. a regt. The deposit. of 2 witnesses certified by the judge to be credible are required to prove the service
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45445
INVALID.
Revy

File No. 45.445
*Charles ["George" crossed out] Kelley
Priv Rev War

Act: 18" March 1818 & 1st May 1820
Index:-Vol. 3, Page 269
[Arrangement of 1870.]

* W [illegible] G. Aug. 26, '07
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Sir
I enclose you a Declaration with an explanatory affidavit of Charles kelley a Revy. Soldier - his services are proved and altho the Original Declaration, like the old man is some what wors [worse] for wear it is to be hoped that any little omission or error in form will not preclude him from being placed on the pension List, and will you to forward the Certificate in due time -
Sir Yours &c.
Saml. Lake

J. L. Edwards Esq.

Note
I have this plan tomorrow morning for New York shall return in about 5 weeks, when I will certainly forward affidavits in case of Wm. Olds who has been placed on the pension List, which will prove beyond a doubt that his is a very fraudulent case and was obtained by verry [very] corrupt means. -
During last Court I saw one of the witnesses who will testify in the Case, but was in such a hurry I had not time to take his Deposition, he states that Wm. Olds lodged at his house when he was on his way home & he did not know that he was wounded
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or ever hurt, and did not appear to be lame the people live in the South part of the County and are not in town often. However in as much as I made a representation of the facts that I was informed could be proved I will obtain those facts in proper form even at the expense of riding twenty miles
S. Lake
J L Edwards Esq.
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State of New York
Saratoga County } Ss. Personally appeared before me Joel Keeler one of the Justices of the peace in and for the said County Richard Hewitt, who is of good moral character and reponsibility and made Solemn Oath - That he is personally acquainted Charles Kelley, and that in the year one thousand seven Hundred & seventy five or seventy six, he the said Charles Kelley enlisted under him into the Continental Service for one year and to the best of his knowledge, he believes he the said Kelley before the expiration of the said year was taken prisoner by the British at Fort Washington - And that the Company in whom the said Kelley enlisted was Commanded by Capt. James Chapman and he the sd. Richard was Lieutenant at the time he enlisted the said Kelley, in the Regiment Commanded Col. Samuel Persons [Pearsons]
Richard Hewit

Witness George Snider
Joel Keeler

Sworn and subscribed before me this 14th day of February 1820
Joel Keeler Justice
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State of Newyork [New York]
Genesee County } Ss. Joseph Morgan being by me duly sworn says he was a soldier in Col. Pearsons' Regiment of the Connecticut line in the year 1776 that he was then acquainted with Charles Kelley who was a soldier in Captain Chapman Company in the Regiment above mentioned, that he the said Charles Kelley enlisted in December 1775 for one year & served untill [until] November 1776 at which time, the Deponent was informed understoon & believes, the said Charles Kelley was taken prisoner at Fort Washington, by the British Troops. - that the Deponent saw the said Charles Kelley at New London in the winter of the year 1777 at which place the said Charles informed the deponent that he was returning home having been Just liberated from his imprisonment and further says not - -
Joseph Morgan
Sworn and subscribed the Seventh day of September 1820 Before me, and I certify the said Joseph Morgan to be a credible witness
Joseph Sibley
Justice Peace
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State of New York
Genesee County } Ss. James Billings being by me duly sworn says he was a soldier in Capt. Chapmans Company in Col. Pearsons Regiment in the Connecticut line 1st. Regiment enlisted for one year, entered the service in December 1776 according to the best of his recollection, and served one year until December 1777 when he was Discharged that he was well acquainted with Charles Kelley who was a soldier in said Company, that he entered the service at the same time viz in Decr. 1776 that he served in said Company more than nine months and in the fall following he the said Kelley was taken prisoner at Fort Washington near New York but does not know how long he was [illegible] a prisoner or when he was exchanged -
James X Billings his mark
Sworn and subscribed the 14th of June 1820
Before me and I certify that the above deponent is made known to me to be a Credible witness which I fully believe
Richard Smith Judge Gen. C. Pleas

Figures 1776 and 1777 written partly on an erasure before the deponent was sworn
Richard Smith Judge &c.
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[crossed out]
State of New York
Genesee County } Ss. Joseph Morgan being by me duly sworn says he was a soldier in Captain Chapmans Company in Col. Pearsons Regiment of the Connecticut line
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State of New York
Genesee County } Ss. On this 8th day of September 1820 personally appeared before me a Judge of the Court of Common Pleas in & for said County, Charles Kelley who being by me duly sworn says that age and infirmity has impaired his memory & that in making his Declaration annexed bearing date the 1st of May 1818 he made a mistake in stating that Col. Samuel Prentice Commanded the Regiment, that on reflection he well recollects taht Col. Pearsons Commanded the Regiment in which he served, that he had previously served under Col. Prentice which Circumstance he thinks occasioned the error and also he expects the date of enlistment and Discharge from imprisonment and the date of his being taken prisoner at Fort Washington ought to have been stated one year earlier than stated in his sd. Declaration, but he cannot recollect the year only from the circumstances of that Declaration of Independence was declared the 4th July in the same summer he was in the service, and that he was taken prisoner at the surrender of Fort Washington the 16th day of November which last date he recollects having Cut the same on the head of his Canteen - that this affidavit is made in order to correct the error -
Sworn and subscribed the 8th of September 1820
Charles X Kelley his mark
Before me Richard Smith Judge Gen. Com. Pleas
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State of New York
Genesee County } Ss I Simeon Cumings Clerk of the County of Genesee do hereby certify that Richard Smith before whom the two preceding affidavits were made was on the days of the dates thereof A Judge of the Court of Common Pleas in and for said County acting under the authority of this State and that the names subscribed thereto officially are in his own proper hand writing. ~
And also that Joseph Sibley, before whom the first preceding affidavit was made was on the day of the date thereof A Justice of the Peace in and for said County acting under the authority aforesaid and that the signature of "Joseph Sibley" subscribed thereto is in his own proper hand writing. ~ ~
In testimony whereof I have hereunto set my hand and affixed the seal of said County this 11th day of September A.D. 1820
Simeon Cumings Clerk
By R. C. Smead Deputy