Revolutionary War Pension and Bounty Land Warrant Application File S. 892, for David Lyon, New Jersey
Page 1

[form with handwritten entries]
(3-1776)
SERVICE |  | NUMBER
New Jersey | Lyon, David | S.892
Carded
CONTENTS [remainder of form is blank]
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[form with handwritten entries; edges are torn]
New Jersey
David Lyon
Essex Co in the State of N. Jersey who was a Private in the Comp [several words missing from torn edges] by Captain Wincoop of the Reg. [missing words] by Col. Ward in the N. Jersey line for 2 years
Ctf #9891
David Lyon
Inscribed on the Roll of New Jersey at the rate of 80 Dollars -- ["Cents" crossed out] per ann to commence on the 4 day of March, 1831
Certificate of Pension issued the 25 day of June 1833 and sent to Hon E. Condict 
Present
Arrears to the 4th of Ma '31  $160
Semi-anl. allowance ending 4 Sep 33  40
[total] $200
New Jersey Agency
{Revolutionary Claim, Act June 7, 1832.}
Recorded by G. C. [illegible] Clerk
Book E. Vol. 3 Page 126
76
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No 17065.
David Lyon New Jersey
Return i s. m
Admitted Private 26 months
Hon L Crider
Present
[crossed out: Charles H. Halsey Newark New Jersey]
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WAR DEPARTMENT, Pension Office, 16th May 1833
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.
[table with handwritten entries] A Statement, shewing the Service of David Lyon Essex Co N Jersey.
| Period when the service was rendered. | Duration of the claimant's service [with 3 subcolumns] Years. | Months. | Days. | Rank of the claimant. | Names and Rank of the Company officers under whom he served. | Names and Rank of the General and Field officers. | Battles in which the applicant was engaged. | Country through which he marched. | Place of abode when he entered the service, and age at the present period. | Evidence by which the declaration is supported. |
| 1775 Spring Enlisted |  |  | 35 | Priv | Capts Wincoop | Cols | Skirmishes at different times | NJ NY | Aged 74 Essex Co NJ. | Traditionary |
| Ditto Fall |  | 1 |  | Ditto | Myers |  |  |  |  | Living Witness |
| Enrolled June 1776 |  | 3 |  | Ditto | Peck | Ward |  | NY. |  |  |
| Oct Ditto |  | 2|  |  | Reeves |  | Skirmish |  |  |  |
| 1777 |  | 3|  | Ditto | Wheeler | Lindsley  Buckner | Doubletown Tappan Woods | NJ |  |  |
| 1777 May |  | 1 |  | Ditto | Gillam | Van Cortland |  |  |  |  |
|  |  | 1 |  | Ditto | Reeves |  | Elizabeth town |  |  |  |
|  | 3 |  | Ditto | Nicholls |  |  |  |  |  |
|  |  | 4 |  | Ditto | Pierson |  |  |  |  |  |  |
|  |  | 2 |  | Ditto | Williams |  |  |  |  |  |
|  |  | 3 |  | Ditto | Squier |  |  |  |  |  |
|  |  | 2 |  | Ditto | Huntington |  |  |  |  |  |
|  |  | 1 |  | Ditto | Camp |  |  |  |  |  |
Did more than 2 years active duty during the Whole War.
I am, respectfully, Your obedient servant, J. L. EDWARDS, Commissioner of Pensions
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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, musicians 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       )
County of                                    ) ss.

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 provion made by the at 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 enered the service; the battles, if any, in which he was engaged, and the country through which he marched.  [picture of a hand with finger pointing here] 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 fule given in note (j) points out.

Every applicant who claims a pension to 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 day 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 appers 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 applicacation 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.  [preceding sentence is underlined]  This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oqth, 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 alleged service, as they are known at the Department.  A very full account of the services of each person

[following is handwritten at bottom of original]
The testimony of [illegible] Declaration, Applicant should be produc}
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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 he 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 if 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,a 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 recolleection, he served not less than the periods mentioned below, and in the following grades:--For-----year-----------months, and-----------days, I served as a -------------.  For------------months and------------days, I served as a --------------; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which 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 the length of his service.  The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable.  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 particulars 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 authenticates 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.  [picture of a hand with finger pointing here] 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]  This 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.
Dyer Castor
Examg Clerk
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Declaration of David
Lyon of Essex County
N. Jersey--

17065
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Declaration of David Lyon in order to obtain the benefit of the act of Congress passed 7th of June, 1832--

State of New Jersey   )
Essex County             ) SS:

On the eighteenth day of September in the year of our Lord eighteen hundred and thirty-two, personally appeared in open court before the Judges of the Inferior Court of Common Pleas holden at Newark in & for the County of Essex now sitting David Lyon aged seventy four years is a resident of the Township of Orange in said County, 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 7th 1832

That he was born at Canoe Brook in that part of Newark Township now called the Township of Livingston, in the County of Essex aforesaid, on the 7th August A.D. 1758.

That at ten or eleven years of age he came to Orange in the County aforesd and was bound an apprentice to the farming business to Amos Harrison Esq. now decd & that he has resided at Orange ever since--

That the first service he ever did for the United States, was in the Spring of the year 1775 when he enlisted at Newark under Captain Wincoop of the regular or nothern army, marched to New York was quartered at the lower barracks near White Hall in said city, but was reclaimed & given upon presentment of any indentures and returned to Orange, after serving five weeks [last two words are underlined]--That in the fall of the same year he again enlisted under one Captain Myers of the regular Army at Elizabeth Town & was again reclaimed & given upon account of his apprenticeship after serving one [word underlined] month--That after this he was regularly enrolled in the Militia and did active duty therein through the was as hereinafter stated.  That about the last of June 1776 he went under Captain Peck of this County to Long Island, where they remained a while on duty, returned to Bergan Point in this State & from thence to Elizabeth Town Point the British having arrived in New York Bay & landed on Staten Island--David Condit was Major & Mattling was Ccolonel of this expedition and was out then under said Captain three [word underlined] months, one month of which was as a substitute for S. Harrison of Grange, That he returned home in October, stayed about a fortnight and then went out and served two [word underlined] months and until the close of the year 1776, under Captain Isaac Reeves--in the course of this service he was sent with a number of waggons which he assisted in pressing into the service, to Fort Lee and removed from thence Navy Baggage &c and returned to Orange just before Bell's Brigade marched thro Orange where they encamped two or three days, returning before the enemy--In the winter and Spring of 1777 entered and served
Page 9

under Captain James Wheeler, of Newark, three [word underlined] months, they were on the lines West of Amboy which was in possession of the British & during the time that he was then out, he was in the skirmish or engagement with enemy at Quibble Town & another at Tappans Wood both near Amboy--Col. Ebenezer Lindsley of Morris County, commanded the Regiment to whih he belonged, Samuel Hayes & Morris Majors of the Battalion, one Col. Buckner also had command but ran away at the skirmish at Tappan's Wood--he was pursued & brot back & this applicant stood guard over him--during this term General Green came down from Morris Town with several brass cannon--that he returned home about the first of April--Col. James Hedden now residing at Newark, was also in this service.

That in May 1777 he served one [word underlined] month under Captain Isaac Gillam, Samuel Hayes, Major of Battalion & Philip Van Cortland Esqr Colonel of the Regiment--That he continued to serve his regular monthly terms of duty (that is one out of every three, for himself throughout the whole war & some times did monthly duty for others as a substitute.  that he served one [word underlined] month under Captain Reeves after [word underlined] the year 1776.  Three [word underlined] regular monthly [word underlined] tours of duty under Captain Robert Nichols of Newark, at different times--Four monthly [both words underlined] tours of duty at different times under Captain Cyrus Pierson of Newark--Two monthly [both words underlined] tours of duty under Captain Thomas Williams of Orange--Three months [both words underlined] duty under Captain Elijah Squier--Two months [both words underlined] duty under Captain Huntington--and one [word underlined] month under Captain Nathaniel Camp of Newark, at the close of the war, that he was attached to said Camp's Company one year & stood ready at a moments warning with three days provisions, to attend upon & exercise a field piece belonging to said Company--besides being out on all alarms whether on duty or not--That he was in a skirmish with the enemy on the 14th September 1777, back of Elizabeth Town when Stephen Ward of Newark was killed--the Enemy moved on to Newark & Belleville or Second River and encamped for the night--Samuel Crane of Orange was killed in the skirmish during this day--the next morng Gail Wines being at Bloomfield, marched down toward the enemy at Belleville and had a skirmish with them--William Matthews of Orange was badly wounded--The enemy forded the Passaic River above Acquackanonk & went on to Hackensack followed by the Militia of whom this applicant was one--That he was going monthly duty under Captain Cyrus Pierson at the time the British burned the Connecticut Farms Meeting house & was in that engagement during the whole day--and was at the Battle of Springfield & doing monthly duty at the time under Captain Elijah Squier
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Squier, Major Hayes & Col. VanCortland--James Hedden was Adjutant of the Regiment during the whole of the war from 1777.--and that he charges expressly the truth to be that he did more than Two years of active duty during said war--He having no documentary evidence and he knows of no persons now living who can testify to his services excepting John Condit whose affidavit of the same is hereunto annexed--He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state--
David Lyon

Sworn to & subscribed the day     )
and year aforesaid-----                  )
Wm. Williams Judge

We Asa Hillyer a Clergyman residing in the Township of Orange and William Williams residing in the Township of Orange hereby certify, that we are well acquainted with David Lyon who has subscribed and sworn to the above declaration, that we believe him to be upward of seventy four 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.
Asa Hillyer
William Williams

Sworn & subscribed the day    )
and year aforesaid                   )
Sam B. Miller Judge

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 certify that it appears to them that Asa Hillyer who has signed the preceding certificate is a clergyman resident in the Township of Orange and that William Williams who has also signed the same is a resident in the Township of Orange and is a credible person and that this statement is entitled to credit--and they further certify that it appears to them that John Condit whose affidavit is hereunto annexed is an old & respectable inhabitant of the County is a credible person & that his statement is entitled to credit & belief--
Sam B. Miller Judge
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Efsex County Fs:

I Elias VanArsdale Jr, Clerk of said county of Essex do hereby certify that Amos A Harrison before whom the Annexed Affidavit of John Cordit was made & taken at the time of taking the same was & still is one of the justices of the peace in & for said County duly commifsioned & sworn that I am acquainted with his handwriting--that the signature Amos A Harrison subscribed to the Jurat of said affidavit is Genuine--

In Testimony whereof I have hereunto set my hand & Seal of Office this fifth day of October AD 1832
E VanArsdale Jr  Clk

State of New Jersey     )
Efsex County fs            )

Be it known that on this 13th day of September AD 1832 Personally appeared before me one of the Justices of the peace in and for said county of Efsex.  Col John Conast of said County who being duly sworn on his oath saith that he has known David Lyon the declarant in the forgoing papers for about fifty five years, that during that time said Lyon has been considerably in this deponants employ, and that he haf frequently heard him relate circumstances connected with the Revolution, whih led this deponant to believe that service Lyon was engaged as a soldier during a part of that struggle for independence, that he believes him to be a man entitled to the character of veracity, and that in the neighborhood where he resides he is generally believed to have served his country as a soldier in the Militia of New Jersey, and also this deponant knows that a number of the officers named by said Lyon in the foregoing declaration were officers of the grade these named and knows also that they were at times in active service during the Revolution and that from bodily indisposition this deponent is unable to attend the county court.--
John Condit

Subscribed and sworn before             )
me the day and year above written    )
Amos A. Harrison Justice of the Peace)
Page 12

New Jersey           )
Essex County        ) Ss

Be it remembered that on this 27th of September eighteen hundred & thirty two.

Personally appeared in open Court before the Judges of the Inferior Court of Common Pleas holden at Newark in & for the County of Essex now sitting, Jesse Baldwin of the Town of Newark aged seventy four years who being duly sworn on his oath saith that he is well acquainted with David Lyon the above applicant & has known him for many years that he was acquainted with him during the Revolutionary War and that at the time said applicant belonged to Captain James Wheeler's Company & was on duty on the line west of Amboy.  this Deponent was then doing duty in said Company with this applicant until this deponent recd a Commission from the United States as Ensign, when he left said Company & left the above applicant doing his regular duty in the Militia Company, above mentioned, that he believes that applicant performed his term of three months as he has above stated & that this Deponent verily believes that the above applicant performed more than two years of active duty during said war--
Jefse Baldwin

Subscribed & sworn                 )
the day & year aforesaid          )
E.E. Bonding Judge
Page 13

New Jersey             )
Essex County          )SS.

Personally appeared in open Court on this 28th of September A.D. 1832, before the Judges of the Court of Common Pleas, holden at Newark in & for the County of Essex, now sitting John A. Baldwin resident of the Township of Orange, aged Seventy five years, who being first duly sworn according to law on his oath saith that he is well acquainted with Daniel Lyon the above applicant & has known him many years that he knew him at the time of the Revolutionary War & that he served during the War a part of the time with said applicant that Deponent was out & served together with this applicant under Captain Peck on Long Island & on to Bergen & to Elizabeth Town Point as applicant has above stated.  That this Deponant also served with applicant under Captain Pierson & has done many tours of duty with him under the last named captain--That he also served with him under Captain Gillam that he know him during the war & often saw him on duty at times when this deponent was not required to come out it not being his regular month--That the above applicant was a good & faithful soldier & to this deponent's personal knowledge served the greater part of the duty he has above specified--And he further knows of the above applicant's serving one monthly tour of euty with this deponent under Captain Matthias Lyon that they marched to Monmouth & applicant was on pickquet guard with this deponent the night before the battle & being so onguard were relieved of duty during next day--besides their company being so posted that it was not called in action--That he verily believes the above applicant did more than two years active duty during said war & that applicant has not mentioned in his declaration the service under Captain Lyon at Monmouth but which this deponent knew he did--& this deponent knows that applicant was at the Battle of Connecticut Farms, as this deponent was wounded at that engagement & saw applicant just before he was wounded--
John Batin

Subscribed & sworn       )
the day & year aforesaid)
Aaron L Burnet  Judge
Page 14

Efsex County fs:

I Elias Van Arsdale Jr Clerk of The Inferior Court of Common Pleas in & for said county do hereby certify that the foregoing contains the Original proceedings of said Court in the matter of the Application of David Lyon for a Pension

In Testimony Whereof I have hereunto set my hand & affixed my seal of office this fifth day of October AD 1832--
E Van Arsdale Jr   Clk
Page 15

Application of David

Lyon of Essex County N.J.

With Amendments-


C.H.A.
Page 16

Additions, alterations and amendments to the Declaration of David Lyon of Essex County, New Jersey in accordance with the requirements of the War Department in order to obtain the benefit of the Act of Congress passed June 7th 1832--

New Jersey      )
Essex County   ) ss:

Personally appeared before me the undersigned a Justice of the Peace in and for the County of Essex, David Lyon who being duly sworn on his oath saith he is the same David Lyon mentioned in the Declaration hereto annexed taken before the Judges of the Inferior Court of Common Pleas of the County of Essex aforesaid on the 18th Sept 1832.  and on his oath aforesaid makes answers to the respective interrogatories prescribed by the War Department in the following manner viz:  To the First Where and in what year were you born?  He answers that he was born at Canoe Brook in that part of the Township of Newark now called the Township of Livingston on the 7th August A.D. 1758. as he has set forth in his declaration aforesaid--To the 2nd Have you any record of your age & if so where is it?  He answers that he has no record of his age

To the 3rd Where where you living when called into service, where have you lived since the Revolutionary War and where do you now live?  He answers that he was residing in that part of the Township of Newark now called the Township of Orange when first called into service & that he has resided there ever since--as he has set forth in his aforesaid declaration-- To the 4th How were you called into service, were you drafted, did you volunteer, or were you a substitute and if a substitute for whom?  he answers that he first enlisted [word underlined] in the regular or continental army under Captain Wincoop, as a private [word underlined] & was reclaimed by his master & given up after a service of five [word underlined] weeks, as stated in his declaration--that he next enlisted [word underlined] under Captain Myers of the regular or Continental Army, as a private [word underlined] & was again reclaimed & given upon account of his apprenticeship after serving one month [last 2 words underlined], as stated in his declaration--That he next was enrolled as a private [word underlined] in the Militia of New Jersey and served therein as stated in his declaration aforesaid, for two [word underlined] years at different periods of monthly tours of active duty, besides being a substitute for S. Harrison of Orange, for one month and one or two months a substitute for individuals whom he cannot now recollect as he has more particularly set forth in his declaration aforesaid making in all Two years, four months and seven days for which services he claims a pension, all of which service was by this
Page 17

deponent faithfully & truly performed and during which time he was not engaged in any civil pursuit--To the 5th State the names of some of the Regular Officers, who were with the Troop where you served, such continental & Militia regiments as you can recollect and the general circumstances of your services?  He answers that he recollects seeing Genl. Washington, Marquis De LaFayette, Lord Stirling, Genls Maxwell & Dickerson & Green & Lee and served under the respective Colonels as he has before stated--and that he cannot at this time by reason of his age and loss of memory relate the general circumstances of his services more particularly than he has expressed the same in his declaration aforesaid as by reference thereto will appear--To the 6th Did you ever receive a discharge from the service and if so by whom was it given?  He answers that he never received a written discharge being always discharged by word of mouth or his commanding officer at the expiration of his service except when reclaimed as above mentioned--To the 7th State the names of persons to whom you are known in your present neighborhood and whom can testify as to your character for veracity and their belief of your service as a soldier of the Revolution?  He answers that he refers to Dr. John Condit, William Williams Esqr, Stephen D. Day Esqr, Amos A. Harrison Esqr, & Revd Asa Hillyer all of Orange, & to all reputable persons residing in said Township to whom he is generally known and to the Honorable Silas Condit of Newark whom this applicant has known from his boyhood--
David Lyon

Sworn and subscribed                )
this 27th of May AD 1833          )
before me                                  )
Stephen D. Day Justice of the Peace

And I do hereby certify that I am acquainted with Jesse Baldwin and John N. Baldwin whose affidavits are to said declaration annexed.  that they are old and respectable inhabitants of the County of Essex, are highly esteemed in the neighborhood where they reside for their truth and veracity and that their statements are entitled to full credit & belief--and that it appears that the Court of Common Pleas aforesaid have certified to the credit & veracity of the Honb Dr. John Condit whose affidavit is also to said declaration annexed respecting whose statement for truth and credit there can be no doubt--Witness my hand this 27th May AD 1833--
Stephen D Day Justice of the Peace
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State of New Jersey   )
County of Essex.        ) fs.

I Elias Van Arsdale Junior Clerk of the Inferior Court of Common Pleas in and for the County of Essex in the State of New Jersey aforesaid Do hereby certify That Stephen D. Day Esquire before whom the foregoing affidavit of David Lyon was made and taken, and by whom the certificate thereto annexed is Signed, was, when the affidavit aforesaid was so made and taken, and when he Subscribed the said certificate a Justice of the peace for said County, residing therein duly commissioned and Sworn; That the signtures "Stephen D. Day" above written are the proper handwriting of said Justice and that full faith may be given to his official acts.

In Witness Whereof, I have hereto set my hand and the Seal of said Court at Newark the Twenty Eighth day of May in the year of our Lord One thousand eight hundred and thirty three--(1833)--I do further certify under the date aforesaid & my said Seal of office That William Williams, Samuel B. Miller, Elias E Boudemot & Aaron S Bumet Esquires before whom the foregoing affidavit was made & taken, were at the time of taking them & still are Judges of said Court of Common Pleas, residing in said County duly Commissioned & Sworn, & that the signatures "Wm Williams"  "Sam B. Miller" "E E Boudemot" & "Aaron S Bumet" affixed to the said Affidavits are the respective proper hands writing of said Judges--
E Van Arsdale Jr  Clk
Page 19

Rev War

INVALID.
________________

File No 892

David Lyon

Pno.  N.J. Line

________________________

Act:  June 7, 1832.

Index:--Vol. A, Page 231

[Arrangement of 1870.]