Revolutionary War Pension and Bounty Land Warrant Application File S. 23,139, John Burghardt, Mass.
Page 1

(3 --- 1776 )

SERVICE
MASS/

Burghardt, John/ 

NUMBER
S. 23.139

CONTENTS
Page 2

[Torn pieces of left side of document. Mostly illegible.]

No. 15763
=============================
Massachusetts
at the rate of    Dollars ____ Cents per annum,
to commence on the 4th day of March, 1831.
No. 15763
=============================
Certificate of Pension issued the 22nd day of July
1833 and 
=============================
$60.00
15.00
=====
$75.00

[Right side of document.]

Let to Pen. Feb 16. 1836
__________________________
Cir Tr. March 8th 1836
__________________________
Transf' to Connecticut
from 4th Sept 1835, -- March
19 --- 1836.
____________________________
Letter to Pen Agt. 28 Octr 46

77
Berkshire
Page 3

John Burghardt
Great Barrington Ms
Application for Pension.


25632
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Commonwealth of Massachusetts.
County of Berkshire, ss.
On this fourteenth day of May -- A. D. 1833 personally appeared in open Court, before the Honorable WILLIAM P. WALKER, Judge of
the Court of Probate, within and for said County of Berkshire, now sitting, --- John Burghardt --- a resident of the town of Great Barrington in the County of Berkshire and Commonwealth of Massachusetts, aged seventy five 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 7
1832.
That he entered the service of the United States under the following named officers, and served as herein stated. ---
In the month of May or early in June (he verily believes about the middle of May.) 1777.
(the precise time he cannot swear to) he entered said service as a volunteer in a company of Volunteers raised in Great Barrington, the Capt was Hewit Root, but he (Root) did not go into the service but a few days, when the command [illegible] upon Lieut. William Pixley --- was attached to Col. Ashley's Regt & Genl Fellows Brigade -- marched to Albany through Kinderhook then to Fort Edward where we staid or were stationed about one month, & were employed in going between [illegible] fort & Fort George (14 miles from Fort Edward) to conduct public stores to Fort Edward. -- We finally marched up to within two or three miles of fort George, where we were when the Fort was blown up --  then retreated and passed over 5 Mile Run, and halfway Brook back to Fort Edward. --  we then went to Fort Ann, -- here a part of the troops were discharged, -- said Burghardt remained -- after staying at Fort George awhile -- went down to Queensborough, --[illegible] Col. Nixon's Regt. -- a small skirmish took
Page 5

place here with the out posts, and five of our
piquet were killed -- about 200 Stockbridge
Indians were with us. -- From Queensborough went back to Fort Edward - then to Fort Miller, was there when a small skirmish took place near the fort with the enemy but he was not in it -- from thence we went down towards Saratoga, our brigade marched on the East side of the River, & the Regular troops on the west side of [illegible] River, -- we stopd at Stillwater, and was about 5. miles from Bemis' heights when the battle took place there, betwixt the Americans & British -- I was then sick & in the Hospital, when Burgoyne surrendered. -- I had the measles and afterwards the camp distemper -- and here he was until some time in the month of Novr (Can not state exact time) when he was discharged, having been all of Six months in the service, as he is perfectly confident because he well knows his recd pay for Six months service vir.$40. in Continental money -- worth $10 -- He believes Genl Fellows gave him a written discharge but it is lost -
The next year (1778) in Aug. or Sept. (he believes in Aug. but can not swear positively -- he knows haying was not completed) he again went, into [illegible] service as volunteer, in Capt Thos Ingersoll's company, -- under Genl Fellows, Col. Ashley -- marched first to Albany - then to Stillwater, and Saratoga
Ballytown & Fort Edward at which place he was in the service all of three months, when he was discharged in quite the last of Novr & returned home. He says he was at Saratoga on the Battle ground precisely one year after Burgoyne's surrender ---- He has stated
particulars as well as he could, and what he has told he is confident is correct --- Was born in Great Barrington 26. Dec. 1757. --- Has no record of his age. --- Lived in Great Barrington when called into service --- went each time as volunteer, -- Knew Col Nixon but cant
state names of other officers in Continental service ---always lived in Great Barrington --- Knows Geo Pynchon
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Geo. Arnold, I Sumner, & almost every one in Great Barrington Knows of no one, & can find no one who can state as to his service except Hall Pixley & Hugh Humphrey, whose affidavits accompany this declaration -- He served as a private -- He has no documentary evidence ---
He hereby 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
Sworn to, and subscribed, the day and year aforesaid.   John Burghardt
W. P. Walker J. Probate
We Sylvester Burt ----- a Clergyman, residing in the town of Great Barrington and George Arnold residing in [illegible] Great Barrington 
hereby certify, that we are well acquainted with John Burghardt ---- who has subscribed and sworn to the above declaration; that we believe him to be seventy five 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.
Sylvester Burt
Geo Arnold
Sworn and subscribed, the day and year aforesaid.
W. P. Walker J. Probate

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 Sylvester Burt -------
who signed the preceding certificate is a Clergyman, resident in the town of Great Barrington in the County of Berkshire
and Commonwealth of Massachusetts and that George Arnold ---- who has also signed the same, is a resident in the town of Great Barrington in the County of Berkshire ----
and Commonwealth of Massachusetts ---
and is a credible person, and that their statement is entitled to credit.
W. P. Walker J. Probate

I, HENRY W. BISHOP, Register of the Court of Probate within and for the County
of Berkshire in the Commonwealth of Massachusetts, do hereby certify that the
foregoing contains the original proceedings of the said Court, in the matter of the application
of John Burghardt --- for a pension.
[Seal]
In testimony whereof, I have hereunto set my hand and seal of office of said Court of Probate, this fourteenth day of May
in the year of our Lord, one thousand eight hundred and thirty three
Henry W. Bishop. Register of Probate
Page 7

13211
3. Mar. 1836.
Pension Office
John Burghardt

[illegible]

Mass
to
Cont
Page 8

State of Connecticut }
Middlesex County -- } ss Durham Febry 25th 1836 
On this 25th day of Febry (D 1836 before me the Subscriber a Justice of the Peace for the said County of Middlesex Personally appeared Charles     , Thompson of Said Durham
well known to the Subscribing Authority to be a man of truth and veracity who on Oath declares that he has long been acquainted with John Burghardt and is knowing to his removing from Massachusetts to Connecticut
for the reasons expressed in his Affidavit & that he is the identical person described in the foregoing Affidavit

Sworn & Subscribed to before me
the day & year aforesaid .}
Charles Thompson
Worthington G Chauncey Justice of Peace
B.


State of Connecticut
County of Middlesex } I John Fisk Clerk of
the county court for said County of Middlesex
do certify that Worthington G. Chauncey
Esq is a Justice of the peace within and
for said County of Middlesex as per Commission
on file in my office and that his name subscribed to the proceeding Certificate marked [underlined: (A.B)] are his proper hand writing & signature

In Testimony whereof I have hereto set my hand and affixed the seal of said Court at Middle town in [illegible] County this 26th day of February, A.D. 1836.

Jno. Fisk Clerk
Page 9

APPLICATION FOR A TRANSFER.
County of Middlesex ----ss. Durham in Connecticut
On this 25th day of Febry 1836, before me, the subscriber, a Justice of the Peace for the said County of Middlesex ---- personally appeared John Burghardt who, on his oath, declares that his is the same person who formerly belonged to the company commanded by  --- Ingersoll in the Regiment commanded by Colonel John Ashley in the service of the United States; that his name was placed on the pension roll of the State of Massachusetts from whence he has lately removed; that he now resides in the State (District, or Territory,) of Connecticut where he intends to remain, and wishes his pension to be there payable, in future. The following are his reasasons for removing from Massachusetts to Connecticut (Vr) That he is old and infirm his Wife is dead his children are all dead but one who is gone to parts to him unknown that his Grand Daughter who was brought up in his Family from infancy was Married the year past to a man that resides in the town of Durham County of Middlesex & State of Connecticut & there removed with whom he now resides 

Sworn and subscribed to before me,}
the day and year aforesaid.}    John Burghardt
A   Worthington G Chauncey Justice of Peace

The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office. The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, Notary Public, as the case may be, and that the signature purporting to be his is genuine.
The oath must be supported by the testimony of some respectable person, as to the pensioner's identity. He must swear that the person who has taken the above oath is the person described in the affidavit. The Magistrate must certify that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.
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No. 25632
John Burghardt, Berkshire County
Massachusetts



[illegible]





LW. Bishop  Lenox Massts
Page 11

War Department,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of John Burghardt Berkshire County Massachusetts

Period which the service was rendered.
Vol. May 1777

Vol Augt. 1778

Duration of the claimant's service
Years./Months./Days.
--/6/--

--/3/--

Rank of the Claimant.
private

' '

Names and rank of the Field officers under whom he served:
Cap Root, Col Ashley 
{Genl Fellows

Cap Ingersolls, General
{Fellows, Col. Ashley

Age at present, and place of abode when he entered the service.
75 years
Great Barrington Massachusetts

Proof by which the declaration is supported.
Traditionary evidence & two witnesses - papers correctly attached



I am respectfully,
Your obedient servant,
J.L. Edwards,
Commissioner of Pensions.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss.
County of}
On this     day of      personally appeared (a) before           A.B. a resident (b) of      in the county of       and State, Territory or District of      aged (c)      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 provision made by the act of Congress, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d)       , with       and served in the      (e) regiment of the        line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of  his officers;) the town or County and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [finger pointed: This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.                   A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                                        of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of
                           for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of                                  & c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the            
and C. D. residing in (the same) hereby certify, that we are well acquainted with                  ,
who has subscribed and sworn to the above declaration; that we believe him to be
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.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
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 A. B. who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I,            Clerk of the Court of
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this              day of
                 &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
,
Page 13

3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; 
and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -- one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
_____________________________

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 swear as a ________; and 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 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 that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulurs respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.

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 papers 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.

Proof of Service.
[j] 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 claimant's 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.
[pointing finger] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to  continental troops only.
[k] The traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 14


Revolution
23139
INVALID.
Certif
No 15.763
Mass roll
File No. 23,139
John Burghardt
Pri Rev War
Mass regt

Act: June 7th 32"
Index: --- Vol. 2, Page 57

[Arrangement of 1870.]
Page 15

Let- { From Durham, Ct. Febry 21, 1836
ters { to Washington
Rates.//Unpaid.//Paid.//Free.
cents.//No.//dolls./cents.//No.//dolls./cents.//No.
                                                                          1







Asher Robinson, P.M.
Page 16

John K. Simpson
Mar. 14.th 1836


John Burghart

James L Edwards Esq.
Com.r Pensions
Washington
(D.C.)

[illegible]
[unreadable stamp]
Page 17

Commonwealth Bank
Pension Office
Boston 121, Mas. 1836



Sir,

Your letter of the 8.th instant is received.--
John  Burghardt a Revolutionary pensioner under the Act of 7th June 1832, private, at $30.. per. annum has been paid up to the [underlined: 4th] [underlined: September 1835.]

I am, very respectfully
Your obt. servant
John K. Simpson
President












James L. Edwards Esq.
Com.r Pensions
Washington
(D.C.)
Page 18

13 Feb. 1836
Pension Office

Jno Burghardt
Mass roll
for transfer
Page 19

Dunham Febry 8th 1830
Sir
On the 22d day of July 1833 I had a pension granted me of Thirty Dollars a year during my natural life at which time I resided at Great Barrington in the County of Berkshire and State of Massachusetts & during the Fall past I have removed to Durham in the County of Middlesex and State of Connecticut where I calculate to reside in future -- I therefore request that the proper papers and instructions may be transfered from the Pension Office in Massachusetts to the Pension Office at Hartford in Connecticut --- if any further proof or other application is necessary please to inform and obliege your Humble Servant
John Burghardt

United States of America
State of Connecticut Middlesex County Durham Febry 8th D: 1836  Be it known that before me Worthington G Chauncey a Justice of the Peace for Said Middlesex County, Personally appeared John Burghardt now of Said Durham and made Oath in due form of Law that he is the identical Person named in the Original Certificate in his possession of which I certify the following is a true copy
War Department
Revolutionary Claim
I Certify that in conformity with the Law of the United States of the 7th of June 1832 John Burghardt of the State of Massachusetts who was a Private in the Army of the Revolution is entitled to receive Thirty Dollars per annum during his natural life commencing on the 4th of March 1831 and payable semiannually on the 4th of March and 4th of September in Every Year
[a Seal]
Given at the War Office of the United States this Twenty Second day of July one thousand eight hundred and thirty three
John Rabb
Acting Secretary of War

Examined and }
Countersigned}
S L Edwards
Commitioner of Pensions

Before me Worthington G Chauncey
Justice of the Peace
Page 20

I Hall Pixley of Great Barrington in the County of Berkshire and Commonwealth of Massachusetts aged ninety two years the 31th day of October 1833, testify and say that some time in the summer of 1777 being the same year in which Gen. Burgoyne was captured, I went as a volunteer in the service of the United States, in the company of volunteers raised in said Great Barrington, commanded by Capt. Hewit Root attached to the Regiment commanded by Colonel Ashley in the Brigade commanded by Gen.l Fellows. -- we marched first to Albany. -- then to Fort Edward then up towards Fort George, [crossed out: then to Fort Ann] then back to Fort Edward, then to Fort Ann, where I was discharged by Gen. Fellows, and returned home to Great Barrington, -- It was but a short time after my return that I heard of the capture of Gen. 
Burgoyne, -- the length of time I was in the service at this time I cannot tell, -- I remember however perfectly well that while I was in this service John Burghardt, then, & now, of [illegible] Great Barrington was in the service as a private in the same Regiment commanded by said Col. Ashley, but I cannot of my own recollection state, who commanded the company in which [illegible] John served.
The [illegible] John did not come away when I did and I make no doubt, but that he remained in the service after I left the same as aforesaid. I did not see the said John until some time after my return, in [illegible] Great Barrington. Our places of residence in [illegible] Great Barrington were within two miles of each other, and [illegible] John & myself were in the habit of associating together, or meeting each other when we were at home, -- And I know to my satisfaction that I did
Page 21

not see S. John after I left the service, until some time after I heard of Burgoyne's capture ---
And further I say not,
Hall Pixley
his Mark,

Witness,
Increase Sumner}
[flourish]

Commonwealth of Massachusetts,
[illegible] B. May, 7. 1833, Then the above named Hall Pixley (who I certify is a person of truth & veracity) personally appeared, and made solemn oath, to the truth of the foregoing affidavit by him Signed,
Before me Increase Sumner. Just Peace
[flourish]
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I Hugh Humphrey of Great Barrington, in the County of Berkshire, and Commonwealth of Massachusetts aged eighty three years do testify & say that in the month of May or June A.D. 1777. I entered as a volunteer into the service of the United Sates, as a [underlined: Sergeant] [crossed-out: private] in a company of volunteers raised in said Great Barrington commanded by Lient. William Pixley, in Col. Ashley's Regt. and Gen. Fellows Brigade -- marched first to Albany, then to Fort Edward, then up to Lake George and was within about two miles of Fort George when it was blown up, -- we then retreated, and arrived the first night at five mile run, then next night to half way [illegible], thence to Fort Edward -- thence to Fort Ann, at which place some time in August 1777. I was duly discharged & returned home, being in this service as near as I can remember all of three months, -- I further state [crossed out: that] John Burghardt, then, & now living in Great Barrington, was a private in the same service and belonging to the same company, and was there during all the time above stated, and when I was discharged he remained, in said service and did not return until the whole company returned which was after the capture of Gen Burgoyne, the precise time I cannot state.
It must have been all of six months from the time said Burghardt went into the service as [illegible] to the time of his return ---
The next year (1778) in August or September, I again went into [illegible] Service as a volunteer -- I cannot recollect exactly who commanded the Company -- I served under Major Thomas, Ives and the same
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Col. Ashley & Genl. Fellows. --- marched first to Albany, then to Stillwater & Saratoga & remained there & in the vicinity, nearly or quite three months, when we were dismissed & returned home, -- said John Burghardt was also in the same company with me at this time & during the whole time with myself.
During both tours I was daily in the habit of seeing J. Burghardt, and have no hesitation in stating that he served as [illegible] as a private. --- Further I state not ___
Hugh Humphrey

Commonwealth of Massachusetts
[illegible] May 10, 1833. --- Then the above named Hugh Humphrey (who, I certify is a person of truth and veracity) [illegible] appeared and made solemn oath to the truth of the foregoing affidavit by him subscribed --
Before, Increase Sumner, Just. Peace
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Commonwealth of Massachusetts
[illegible] I Henry W Bishop - Register of the Court of Probate in & for said County do hereby certify that Increase Sumner before whom the foregoing deposition was taken is and was at the time of taking the same one of the Justices of the Peace within & for said County duly & regularly appointed & that I am well acquainted with his hand writing & have no doubt that the signature annexed to said depositions is genuine.
In [illegible] whereof I have herein to set my hand & affixed the seal of said Court this fourteenth day of May AD 1833
Henry W. Bishop -- Register of Probate