Revolutionary War Pension and Bounty Land Warrant Application File S 31,859, for Luther Merick, Connecticut
Page 1

SERVICE
Conn
Merick or Merrick, Luther
NUMBER
S 31.859
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22 517
Connecticut
Luther Merrick
of Tolland Co. in the State of Conn. who was a Private in the Co commanded by Captain Parsons of the Regt. commanded by Col. Chapman in the Conn. line for [illegible]

Inscribed on the Roll of Connecticut at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March 1831.

Certificate of Pension issued the 30th day of Sept 1833 and sent to John Howard Tolland County

Arrears to the 4th of Sept 1833 66.68
Semi-anl. allowance ending 4 March 32 13.33
$79.98
Revolutionary Claim,
Act June 7, 1832
Recorded by Wm R. Palmer Clerk, 
Book 6 Vol. 3 Page 28
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State of Connecticut
County of Tolland Ss. Willington
On this 18th day of August AD 1832 personally appeared in open Court before the Court of Probate in the District of Tolland in the County of Tolland aforesaid & State aforesaid now sitting Present Jeremiah Parish Esq. Judge holding said Court Luther Merick a resident of the town of Willington in the District, County, & State aforesaid - age eighty one years who being first 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.
1st Tour - on the 16th day of August 1776 the regiment of Militia to which I belonged was all ordered out or drafted for a tour of duty - we marched immediately for New York City we went to New Haven by land there to New York by water. I belonged to a company commanded by Capt. Joseph Parsons, Abel Johnson Ensign, Timothy Holt the Lieut. of said Company was then on duty in the State troops & was not with us - Our Regiment was commanded by Col. Samuel Chapman. The other Field officers were Lieut Col Stephen Moulton & Major Elijah L Fenton, we were statined in New York until the British landed there, we then retreated. Our Regiment was very near being taken, about the time of the retreat I was taken sick & carried over to New jersey - where I staid until I was discharged. I then returned home to said Willington & got there about the first of November, having been out 2 1/2 months.
2nd Tour about the first of March 1777
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I was drafted for a tour of duty in the service for two months - we marched immediately to Providence R.I. - there to Seekonk, Mass. thence to Warren R.I. where we were stationed the whole two months, keeping up a guard there & at Swansea Mass. guarding a Magazine. Our officers were Capt. Elijah Robinson & Lieut Timothy Holt, there were no field officers with us (except Gen. Spencer was at Warren a part of the time I believe) we never joined any regiment, performed our tour, were discharged, & returned home -
3rd Tour - about the first of January 1778, I was again drafted for another tour of duty ^ of two months, we immediately marched to Providence R.I. I belonged to a company commanded by Capt. Roswell Grant of East  Windsor - Lieut Sessions & Lieut. Loomis - Our Regiment was commanded by Col. Johnson of Canterbury. Major Clark of Ashford the other field officer - We were stationed at Providence the whole term, after months, which I served out - was there discharged & I returned home to said Willington.
4th tour - About the first of September 1780 I was again drafted for another tour of duty for two months - we went immediately to Horseneck & was there attached to a company of State troops commanded by Capt. Israel Converse in Col. Levi Wells Regiment when Major Andre was taken we were on the march to West Pointe - were ordered back to a placed called Crass Cobb Landing and there staid until our term of two months affirmed ^ I was then discharged at Crass Cobb Landing returned home to said Willington. All the officers under whom I served I believe to be dead except Ensign Abel Johnson. I have no ^ other proof of my service except the depositions herewith admitted- and do not know where to obtain any more.
In answer to the interrogatories put by the Court - I was born in said Willington March 6th 1751 my birth is recorded in the public records of said Willington. I have always lived in said Willington & now live there - I was called into the service as herein stated - I never had any written discharge. I recollect Col. Knowlton who was killed in New York - remember seeing Wadsworth - I am known to Spafford Brigham Esq. & Mr. Elisha Johnson both of said Willington who can testify to my
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character ^ for veracity and to whom belief of my services as a soldier in the Revolution
I hereby relinquish every claim whatsoever to a pension or annuity except the present and declare that my name is not on the pension roll of any agency of any state.
Sworn & subscribed the day & year aforesaid
Luther Merrick

We Spafford Brigham & Elisha Johnson both residing in said Willington hereby certify that we are well acquainted with Mr. Luther Merrick who has subscribed & sworn to the foregoing declaration, that we believe him to be eighty one years of age, that he is a man of truth - that he is reputed & believed in the neighborhood where he resides, to have been a soldier in the revolution, that we concur in that opinion
Sworn & subscribed the day & year aforesaid
Spafford Brigham
Elisha Johnson

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 Spafford Brigham Esq. and Elisha Johnson who have signed the preceding certificate are residents in the town of Willington in Tolland County & both are credible persons & that their statement is entitled to credit. And they further find that the deponents Abel Johnson, Nathan Jennings, Solomon Fenton & Timothy Pearl whose depositions have been exhibited here in Court are also credible persons and that their statements are entitled to credit.
[illegible] by the Court
attest
J. Howard Clerk
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I Joseph Howard Clerk of the Court of Probate for the District of Tolland do hereby certify that the foregoing contains the original proceedings in the matter of the application of Luther Merrick of Willington in Tolland County for a pension - 
In testimony whereof I have hereunto set my hand & seal of of office this 18th day of August AD 1832
Jos Howard Clerk
A true copy of record 
Certified by 
J. Howard Clerk of Court of Probate Dist. of Tolland

8581 Luther Merrick

State of Connecticut
Probate District of Tolland
S.S. Probate Office

I Jeremiah Parrish Judge of the Court of Probate in the district of Tolland, hereby certify that the foregoing contains the Original proceedings of the Court in the matter of the application of Luther Merrick of Willington - in Tolland County for a pension and that the seal affixed to the foregoing certificate of Joseph Howard Clerk of said Court on the 18th day of Aguust 1832 This was the only seal used by said Court but since a new seal has been procured & is now used by said Court to authenticate the proceedings thereof - and is the only seal now used by said Court in like cases - In testimony whereof I have hereunto subscribed my name & affixed the present seal of said Court at Tolland this 6th day of July AD 1833
Jeremiah Parrish Judge
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22.517 8581
Luther Merrick
Connecticut

[crossed out]
Adm 8 months

53.32
13.37
66.65

John Howard
Clk. Tolland Coty
Tolland Court House
Connecticut
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WAR DEPARTMENT,
Pension Office,
4th June 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 show what is necessary to be done. These 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, showing the service of Luther Merrick 
Tolland Cty. Connecticut

[column headings: Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present and place of abode when he entered the service. Proof by which the declaration is supported.]
draft 1776 | 2 months 15 days | Priv | Capt. Parsons & Col. Chapman | 81 years, Willington | Made to many
1777 | 2 months | Capt. Robinson, Col. Spencer | Evidence & 4 witnesses
1778 | 2 months | Capt. Grant, Col. Johnson
1780 | 2 months | Capt. Converse, Col. Wells | Papers not authenticated

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 Keeps, &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 person 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 claim-ing 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 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 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 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. 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 opinon.
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 of 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 applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness can 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
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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 Office. 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 inquiry 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 served as a ; and for such services 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 place 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.
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 is 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.
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31859
Rev
INVALID.
File No. 31,859
Luther Merrick
Pri Rev War

Act: June 7th 32
Index: - Vol. 2, Page 268
[Arrangement of 1870]
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Tim Pearls
Decl for 
Luther Merrick
Jan 7 178 2
Sept. 80 2
Page 13

I Timothy Pearl of Willington in the County of Tolland and State of Connecticut being seventy two years of age do testify and say - that about the first of January 1778 - I was drafted in the Militia for two months - with several others of the Militia at said Willington - Luther Merrick of said Willington was one of the persons who was drafted at the same time - We joined a company commanded by Capt. Roswell Grant of East Windsor in said State - and marched to Providence in Rhode island and was attached to a regiment commanded by Col. Johnson of Canterbury in said State of Connecticut. and we were stationed at said Providence for the whole of said term of two months - I further testify that the said Luther Merrick was with me during the whole of said two months and served in said Company and regiment as a good and faithful soldier - 
I further testify that I enlisted in the State troops the 1st of April 1780 for nine months and belonged to a Company commanded by Capt. Joshua Bottum in Col. Levi Wells' regiment. About the first of September 1780 - our regiment was at a placed called Cross Cob Landing in HorseNeck. South westerly part of Connecticut at which time
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a number of Militia came there and joined our regiment - The said Luther Merrick was one of the Militia who then joined our regiment - Said Merrick was attached to a Company commanded by Capt. Israel Converse. While said Merrick was with us - our regiment was ordered to march to West Point, when Arnold was about to give up the garison at West Point. We marched a while and then had orders to return - Said Merrick was there in said Regiment and served therein two months - from the time he first joined us.
I knew him well then - before and ever since - the said Merrick being several years older than myself -
And further saith not -
Dated at Willington August 3rd 1832
Timothy Pearl

State of Connecticut
Tolland County Wellington Aug. 3rd 1832
Personally appeared Mr Timothy Pearl and made solemn oath that the written and foregoing deposition by him described contains the truth and nothing but the truth before me. 
John Fitch Justice of Peace

I hereby certify that I am acquainted with the character of said Pearl that he is a man of truth and that his testimony is entitled to full credit - 
John Fitch Justice of Peace
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State of Connecticut
Tolland County 
SS Tolland

I Jeremiah Parish Clerk of Tolland County Court do hereby certify that John Fitch Esq before whom the accompanying acquisitions of [crossed out] Solomon Fenton, Nathan Jennings, & Timothy Pearl on the 3 & 4th days of August 1832 were taken & sworn was a Justice of the Peace at the times stated & still is, legally appointed to take depositions & administer oaths and that the signature to the aforesaid Certificates purporting to be so Justices are genuine.
In testimony whereof I have hereunto set my hand & the seal of said Court this 22nd day of August 1832
Jeremiah Parish Clerk
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Nathan Jennings
Depo for
Luther Merrick
March 77 - 2.
Sept 80 - 2.
Page 17

I Nathan Jennings of Willington in the County of Tolland and State of Connecticut being 77 years old 19th of August do testify and say that I have been acquainted with Mr. Luther Merrick ^ of said Willington ever since we were boys and we belonged to the same Militia Company in said Willington during the revolutionary ^ war. That about the 1st day of March 1777 we were both drafted in a tour of duty in the service of the revolutionary war for two months and were marched immediately to Seconk [Seekonk] Massachusetts - East of Providence Rhode island from thence we marched to Warren in said State of Rhode island and performed the whole term of two months at said Warren and in the Town of Swansy [Swansea] guarding a magazine - 
I further testify that the said Luther Merrick was with me the whole tour. We left home together and returned ^ home about the same time. Our Company was commanded by Capt. Elijah Robinson of Tolland Ct - Lieu Alex Mott of said Willington was Lieutenant. We had no field officer with us and never joined any regiment.
I further testify that the said Merrick and myself were again drafted for another tour of duty of two months about the first of September 1780 - We went immediately to Horse Neck and then was attached to a Company of State Troops commanded
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by Capt. Isreal Converse in Col. Levi Wells' regiment - When Andre was taken we were at North Castle with all the regiment - We then marched back to Cross Cobb Landing and was there discharged when our two months had expired - The said Merrick was with me the whole period of two months we left home together and returned about the same time. 
I have been acquainted with said Merrick ever since the revolution have lived in the same town with him & have frequently seen him - 
And further saith not
Dated at Willington the 3rd day of August 1832
Nathan Jennings

State of Connecticut
Tolland County of Willington Aug. 3rd 1832 personally appeared Mr Nathan Jennings and made solemn oath that the written forgoing deposition by him subscribed contains the truth and nothing but the truth - Before me John Fitch Jus. Peace
I hereby certify that I am acquainted with the character of said Jennings, that he is a man of truth and his testimony is entitled to full credit-
John Fitch Justice of Peace
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State of Connecticut
County of Tolland 
S.S. County Clerks Office -

I Jeremiah Parish Clerk of Tolland County Court hereby certify that John Fitch Esq before whom the forgoing deposition of Nathan Jennings was taken on the 3rd day of July 1832 He was & still is Justice of Peace in & for Tolland County legally authorized to administer oaths & take depositions and that the signature to the foregoing certificate purporting to said Justice Fitch is I believe to be genuine
In testimony whereof I have here unto set my hand and affixed my official seal at Tolland this 6th day of July 1833.
Jeremiah Parish Clerk
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I Abel Johnson of Willington in the County of Tolland and State of Connecticut being Eighty Seven years of age do testify and say that I have been acquainted with the Luther Merrick ever since we were boys and we belonged to the same militia company in said Willington during the revolutionary war on the 16th of August 1776 - the whole Regiment to which we belonged was drafted out on a tour of duty - said Luther Merrick and myself both marched to New York City - we went to New Haven by land and thence to New York by water - Capt. Joseph Parsons was our Captain. Timothy Holt Lieut but was then in the service in the state Troops - I was Ensign - said Merrick went waster for me - we was at New York at the time the British landed in New York and our army retreated. I went with a part of our Company to Harlem Heights & quartered there some time. The said Merrick went to New Jersey with the sick our Company was discharged & I got home about the 1st of November & said Merrick got home two days after I did. Col. Samuel Chapman commanded the Regiment Lieut Col. Moulton & Maj Elijah Fenton 
And further saith not
Dated at Willington this 1st day of August AD 1832
Abel Johnson

State of Connecitcut-
Tolland County of Willington August 1832 Personally appeared Abel Johnson and made solemn oath that the written deposition by him subscribed contains the truth and nothing but the truth
Daniel Glazier Justice Peace
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State of Connecticut
County of Tolland
S.S. Tolland

I Jeremiah Parish Clerk of Tolland County Court do hereby Certify that Daniel Glazier Esq before whom the foregoing deposition of Abel Johnson on the 18th day of August 1832 was authenticated was then & still is a Justice of Peace within and for Tolland County, legally appointed & authorized to administer and take depositions and I believe the signatures to the foregoing certificates [illegible] to be said Justices and genuine.

[added by hand on the right side of document: "Abel Johnson Depo. for Luther Merrick"]
In testimony whereof I hereunto set my hand & seal of office at Tolland this 22nd day of August AD 1832
Jeremiah Parish Clerk
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Solo. Fenton
depo. for
Luther Merrick

1 tour Aug 16 76 2 1/2 
1 tour March 1777 2
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I Solomon Fenton of Willington in the County of Tolland and State of Connecticut, being now seventy three years of age - do testify and say that I have been acquainted with Luther Merrick of said Willington ever since we were boys ^ he being some years older than myself having been born and always lived in the same town except occasionally absent -
We ^ both belonged to the militia in the revolutionary war - said Merrick belonged to one Militia Company and myself to another ^ in the same town. On the 16th day of August 1776 - the whole regiment to which we belonged was ordered out or drafted that said Merrick and myself both marched to New York City - We went to New Haven by land and thence to New York by water - We were at New York at the time the British landed in New York and our army retreated. The said Merrick was there. I was sick and came away before the rest did. The said Merrick returned home about the first of November. I having returned home days before - I belonged to a Company commanded by Capt. Ebenr Heath - and said Merrick in Capt. Joseph Parsons Company. both belonged to the same regiment commanded by Capt. Samuel Chapman.
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Lieut Col Stephen Moulton and Major Elijah Fenton, the other field officers - Col. Moulton was taken prisoner in the retreat as it was then said - 
I further testify that about the first of March 1777 - the said Merrick and myself were both drafted again for two months - we marched to Providence thence to Seekonk Massachusetts and from there to Warren Rhode Island - and was there stationed a part of the time we were at Swanny [Swansee] Mass. guarding a magazine - The said Merrick was with me during this whole tour, of two months - we left home together and returned together - Our company was commanded by Capt Elijah Robinson of Tolland Connecticut - Timothy Mott of said Willington Lieutenant - There were no field officers ^ with us and we never joined any regiment
And further saith not - 
Dated at Mansfield the 4th day of August 1832
Solomon Fenton

State of Connecticut
Tolland County Ss Mansfield Aug. 4th 1832
Personally apearred Mr Solomon Fenton and made solemn oath that the within and foregoing deposition by him subscribed contains the truth and nothing but the truth
Before Me John Fitch Justice of Peace

I hereby certify that I am acquainted with the character of said Fenton, that he a man of truth and that his testimony is entitled to full credit
John Fitch Justice of Peace
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State of Connecticut
County of Tolland
S.S. County Clerks office

I Jeremiah Parish Clerk of Tolland County Court do hereby certify that, John Fitch Esq before whom the foregoing deposition of Solomon Fenton on the 4th day of August 1832 was then & still is a Justice of Peace within & for the County of Tolland, legally authorized to administer oaths and take depositions - and that the signatures to the foregoing certificate purporting to be said Justice Fitch is genuine - 
In testimony whereof I have hereunto subscribed my name & affixed the seal of said Court at Tolland this 6th day of July 1833
Jeremiah Parish Clerk