Revolutionary War Pension and Bounty Land Warrant Application File R. 6538, for Henry Lutz, Maryland
Page 1

(3-1776)

SERVICE
Md

Lutz, Henry
or Lutes
Mary

NUMBER
R. 6538

CONTENTS
Page 2

Lawrence Ross married 
Cassandra Lutes 1808

B
Page 3

Laurance
[illegible] [illegible]
[illegible]
Mary [illegible]
Leit poss
and [illegible] [illegible]
Peter Hackett
Page 4

Declaration of Mrs Mary Lutz under Act 7th July 1838

Revolutionary claim

Owsley County Ky

Wm. M. Fulkerson
Atto Gen

Claimant Proctor, Owsley County Ky
Page 5

State of Kentucky Owsley County ss

On this 10th day of May one thousand eight hundred and fifty six personally appeared before the undersigned a Justice in and for the county of Owsley county and State above Mrs Mary Lutz (or sometimes spelt Lutes) a resident of Owsley County and state of Kentucky. aged 92 years who being first duly sworn according to law, doth, on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress the 7th July 1838.

That she is the widow of Henry Lutz (or Lutes) who was a private in the company commanded by Captain Hawkins of the State of Maryland during the Revolutionary war with Great Britian, that he entered into the service of the United States first under Capt. Hawkins and that he enlisted as a private soldier to serve three years, she thinks that this company belonged to the 5th Regiment as he had some buttons and clos in his possession that had marked thereon 5th Regiment United States, and that he claimed Hawkins part of this time that when the officers serve to rank and size the men when her husband first enlisted, he was found to be too small in height, and size to fill the law and it was thought to arm and equip the boys and small men according to size. Her husband was to have a small gun and accoutrements accordingly but from some (illegible) or other it was dispersed with and her husband was retained in sd. company as a packer and baker as he had served a regular apprenticeship to the trade of baker in the town of Frederic. Whether his name was enrolled or not she cannot tell nor can she state how long he served in this company as baker ad packer, nor can she now state who was the Cols name of this Regiment she has very often heard him speak of Capt White and Col Tucker, but to say that either was his Col she cannot
(over)
Page 6

Having served she thinks 12 months in this capacity, he returned home or he joined the company of Captain Handy which belonged to the same regiment (the 5th) He entered the company of Handy as a substitute in the place of Anthony Tucker by an agreement with him and she is positive that her husband served in this situation out his term of service of three years one year in Capt Hawkins company and the remainder in Capt Handys company. She thinks this company belonged to or was commanded by Col. Buchanan but will not state it positive. Her husband often spoke of how many Torry Captains Lieutenats, and men they had taken at Somerset and Worcester. He was under General Washington upon various ocasions. She thinks that Tucker got the discharge in place of her husband. She states that her husband has been frequently reported and advised to apply for a pension in this state, and he positively refused to be pensioned, having some scruples about being called a pensioner. That some 15 or 20 years ago she employed Col William McGuire to take down a statement for her and to submit it to a Mr Chinn a pension agent for his advice, he never came to see her therefore it was not authenticated, she states it was nothing but neglect and infirmity of old age that has caused the delay of her claim. There was a time in her life that she could give a more full detail of his service, but at this time her mind has very much failed her. She states that she once had a complete record of her marriage, age, and her husbands age and childrens ages, but where that record is she cannot tell, but she is of the opinion, it is in the possion of her son Henry Lutz who lives somewhere in Illinois. It is a Bible in the German language, as she and her husband were Germans or German extraction and given to them by their parents. That she has had the following children by her husband Cassander Lutz (now Ross) born 27th May 1790. she is her eldest child. John Lutz, Charles Lutz, Nanthan Lutz, & Henry Lutz, she and her
Page 7

Husband came to Kentucky about 54 years ago and has been here since. Her husband was older than she. She states that one Bartlomew Ross was a relative and mesmate [sic-messmate] of her husband or intimate friend of him in Captain Hawkins company and both from the same neighbourhood but Ross was the eldest of the 2. She further declares that she was married
to the said Henry Lutz
on the __ day of in the year seventeen hundred and eighty eight
that her husband the aforesaid died in Estill County Kentucky
now Owsley, September 1831 or September 1832 and that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January Seventeen hundred and and ninety four
at the time above stated. that he was married in Montgomery
County Maryland, about 20 miles from Frederic[k] the license was
Procured at Georgetown and granted by the clerk, Mr. Fadbell or Parnell, and was married by Parson Reed. her husband
was not raised in Montgomery County, but raised in Frederictown, and when he first entered the service he was then living in Frederic. She cannot state the precise time that her husband entered the service, nor can she state the time of his discharge .
Mary Lutz X her mark

State of Kentucky ⎬Ousley County Ss.
J. G. S. Williams a justice of
the peace in and for said County and State
do hereby certify that on this 10th day of May

[Left margin:]
That she has remained a widow ever since her husband’s death and is now a widow. That he learned his trade under one Rizener.
She hereby makes part of her declaration a memorandum A was made [illegible] by a Lieutenant in regard to her husband’s service who made it and when it was done she cannot now tell. 
[top of page:]
It has been in the possession of her family for many years. The memorandum is marked B-there is no record of her husband’s death in her possession, that he either died in September 1831 of September 1832. She is not positive but his death can be proved to a day as James McGuiden was his administrator which the record in [illegible] will show she thinks-Her maiden name was Mary Jones.
Page 8

1856 Mary Luty personally appeared 
before me and made oath to the 
foregoing declaration, and that I believe 
from her appearance her statements 
are true, and that I believe she 
is Two week and feble [too weak and feeble] from old age 
to be removed to the Court house and 
that Henry Luty was a reputed soldier 
of the revolutionary War, and Mary Luts has remained a widow.

Given under my hand this date above written 
G. S. Williams jp, OC

State of Kentucky, Owsley County Sct 
I Daniel B Capps Clerk of the County Court of Owsley County, do hereby certify that G.S. Williams whose genuine signature appears 
to the above certificate and declaration, is a 
Justice of the peace of said County, duly commissioned and sworn, and was so at the date thereof and that all his acts as such is entitled to full faith and credit 
In testimony whereof 
I have affixed the seal 
of said County at Boonville 
on this 12th day of May 1856 
and have subscribed 
my name also 
D.B. Capps [?]
By W Williams Dep [Deputy]
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(3)
Affidavit of
Cassander Ross in the case of Mrs Mary Lutz 
Act 7th July 1838
Page 10

On this 10th day of May 1856 personally appeared before the undersigned a Justice of the Peace in and for the County of Owsley and state of Kentucky, Cassander Ross who being first sworn according to law states upon her oath I was born the 27th day of May 1790 in the state of Maryland, and I am the eldest child of Mrs. Mary Lutz who has just made application for a pension under the act of (blank) I herewith surrender the original record of my age and family kept by my husband during his lifetime. I was married to Laurence Ross in the county of Estill Kentucky in my eighteenth year. My father Henry Lutz, or Lutes, died in Estill County September 1831 It is now Owsley County. I know the fact that he died at the time from the circumstance of my son Perry being born in June 1831 and he died the September following. (or the September following that which would make it Sept 1832) My father was a reputed soldier of the Revolutionary war from the State of Maryland, and the reason he did not apply for a pension in his lifetime was that he refused to do so upon the grounds that he had some scruples of being called a pensioner. My mother has remained a widow ever since his death, and is now a widow
Cassander Ross X her mark

Sworn to and subscribed before me the date above written, and I further certify that
Page 11

the original record of her self and family, was submited in my presence and the same marked, A, and that she is respecteble, and is the daughter of Mrs Mary Lutz who is an applicant for a pension

Given under my hand this date before written
G. S. Williams J. P. O. C.

State of Kentucky Owsley Co Sct.
I Danuel B Capps Clerk of the County Court of Owsley County do hereby certify that G. S. Williams whose genuine signature appears to the foregoing certificate and declaration is a Justice of the peace of Owsley County duly commissioned and sworn and was so at the date thereof, and all his acts as such is entitled to full faith and credit
In testimony whereof I have caused the seal of sd. County to be affixed at Boonville on this 12th day of May 1856 and have subscribed my name also
D. B. Capps c o w
By W Williams D C
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(7)
Proof of date of Marriage

Emley Ross Daughters of Pailneys
Bosin September the 14th 1831

(A)
Page 13

(7)
Proof of date of Marriage

Emley Ross Daughters of Pailneys
Bosin September the 14th 1831

(A)
Page 14

Perry Ross Born June the 15th in year of Lord 1831
Joel Ross was Born January 15th 1835
Sandford Ross was Born May 7th 1836
Lilian Ross was Born June the 7th 1837
Page 15

Casander Ross was born May the 27 1790
Herld Ross was born December the 4th 1809
Mary Ross was born February the 9th 1811
Lavinia Ross was born December the 11 1813
Levi Ross was born April the 1st 1816
George Ross was born November 15th 1818
(illegible) Ross was born May 19 1821
Charles Ross was born February the 28 1825
 Jackson Ross was born September  the 7 1828
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(6)
Old Entries
(unauthenticated.
Page 17

Proctor of Free
June 26 CD

G. C. Whiting (C Pensions)
Washington City DC

Pension Office

Mary Lutz--Henry 
Kentucky [illegible] 1838
Page 18

[Duplicate of Image 17]
Proctor of Free June 26 CD  G. C. Whiting (C Pensions) Washington City DC  Pension Office  Mary Lutz--Henry  Kentucky [illegible] 1838
Page 19

Department of the Interior
March 6th 1858

Sir,

I have reviewed the claim of Mary Lutz widow of Henry Lutz, for a pension under act July 7th 1838, upon which an appeal has been taken from your decision.

I am of the opinion that the testimony wholly fails to show that Henry Lutz served as a substitute for Anthony Tucker, or indeed, that he performed any services in the Revolutionary War. Your decision is therefore affirmed; and the papers which accompanied your Report are herewith returned to our office.

I am, very respectfully,
Your Obed. Servt.
J Thompson
Secretary

Hon. G. C. Whiting
Commissioner
of Pensions
Page 20

(9)
Power of Attorney
to
Wm M Fulkerson
In the case of 
Mrs. Mary Lutz

Under act 7th July 
1838

Private
Owsley Co
Ky

Revolutionary 
Claim
Page 21

Power of Attorney 
Know all men by these presents, that I Mary 
Lutz, do hereby revocably constitute and appoint 
William M Fulkerson my true and lawful Agent 
and Attorney to prosecute my claim to a pension 
under the provision of the act 7th July 1838, or for any amount of Revolutionary Pension or increase of 
Pension that my [may] be due under this act, or any other 
act or Resolution of Congress, and I hereby authorize 
my said Attorney to examine all papers and documents in relation to said claim on 
file in the Departments at Washington City, or elsewhere, to file evidence or arguments and to receive the certificate which may be issued 
for said claim, and to appoint one or more substitutes under him for the purposes herein 
expressed: and to do all things that I might or could do, were I personally present. Hereby ratifying and confirming all that my said 
Attorney may lawfully do in the premises - Witness my hand seal this 10th day of May 1856
G S Williams 
[Illegible] 
Mary Lutz her X mark

State of Kentucky Owsley County Sct 
On this 10 day of May 1856 before me 
a Justice of the Peace in and for the County and State above 
mentioned personally appeared Mrs. Mary Lutz and acknowledged the foregoing power of Attorney to be her 
act and deed for the purposes therein mentioned 
G. S. Williams J P, O C

State of Kentucky 
Owsley County ss. 
On this 10 day of May 1856 before me the undersigned a Justice of the peace in and for the County and State aforesaid, personally appeared Mrs. Mary Lutz a
Page 22

resident of said County, and made oath according to law 
that she is the identical Mrs. Mary Lutz who executed the 
foregoing power of Attorney, and that she is directly interest[?] in her 
claim, and makes this affidavit to be filed with such 
additional evidence or arguments as my said Atto [attorney] 
may use in prosecuting said claim 
Mary Lutz her X mark 
Sworn to and subscribed before me the day and year above written 
G. S. Williams J P.O.C 

State of Kentucky Owsley County sct 
I Daniel B Capps Clerk of the County Court of Owsley County, do hereby certify that G. S. Williams, whose genuine signature appears 
to the above certificate and Power of Attorney,
is a Justice 
of the peace of Owsley County, duly commissioned 
and sworn and so at the date thereof, and that 
all his acts as such is entitled to full faith 
and credit 
In testimony whereof I have 
caused the seal of said County 
to be affixed at Boonville 
On this 12th day of May 1856 
and have subscribed my name also 
D B Capps [?]
By W Williams D C
Page 23

J Minot Esq
C.P.
Page 24

Proctor, Owsley County Ky. 23rd May 1856 

Sir I herewith enclose to you the papers of Mrs. Mary Lutz of this County for the benefit of Act July 7th 1838 

I would be much obliged 
to you if you would direct me in getting 
up the infirmation that may be at 
Anapolis [Annapolis] Maryland for this reason I have already been subjected to double, and even tripple [triple] expense in getting up the 
record proof at Raleigh. In short if there 
should be evidence at Annapolis I want one certificate to do. Please acknowledge the receipt of these papers. 
I have the honor to 
be your very obedient
Servant 
W M Fulkerson 

To J Minot Esqr
C. P. 
Washington City
D. C.
Page 25

(4)
Affidavit of
Col. Wm. G. McGuire
in the case of
Mrs. Mary Lutz
Act 1838

Revolutionary Claim
Owsly Co
Page 26

State of Kentucky Owsley Co Sct

in this 5th July 1856 personally appeared before the undersigned County 
Judge of said County, William G. McGuire 
and after being duly sworn according to 
law states upon his oath I have known Mrs. Mary Lutz and her husband Henry Lutz 
for a great many years, and they both 
resided in this nighbourhood for the space 
of 30 years or ever since I was a child. They 
cohabited as man and 
wife during this time, and was held as 
such by the laws of this state and raised 
a large family of children 

I prepared some 10 or 12 years ago, as well as 
I now recollect a statement of Mrs Lutz 
for the purpose of getting her a pension 
but through neglect of her it was droped [dropped] and that statement I have lost or misplaced Her husband Henry Lutz possessed a general reputation of a Revolutionary 
soldier from the State of Maryland 
who was a Baker by trade and served 
part of his time as such and that 
he was from the town of [illegible]

I do not recollect who she 
told me was her husbands officers that I embraced[?] in the statement I took
Page 27

but white Hawkins and Tucker was mentioned I 
am of the opinion that he belonged to Capt 
Hawkins company and part of his time has [was] served as a substitute for Anthony Tucker. 
I forget what company Tucker belonged to whether it was Hawkins company I cannot say
The said Lutz and Mary the present applicant was and is reputed as being good and respectable 
persons. That Henry was strictly an 
honest man every sense of the word, and 
so is Mary his widow To my own 
certain knowledge the reason that she 
has not applied sooner for a pension was nothing 
but neglect for I have urged her again 
and again to apply. I have no interest in the claim. 
Wm G McGuire

Sworn to and subscribed before me on this day before written. I further certify that Col 
Wm G McGuire is a man of undoubted 
veracity, and that Henry Lutz deceased 
husband of the present applicant Mrs. Mary 
Lutz possessed a general reputation of a 
Revolutionary soldier from the State of 
Maryland and was strictly an honest 
man and one of truth That Mrs Mary Lutz 
is now a widow. John M Daniel JPOC[?]

State of Kentucky Owsley County Sct 
I Daniel B Capps Clerk of the County
Page 28

Court of Owsley County do hereby certify that John M Daniel whose genuine signature appears to the foregoing affidavit is the 
County Judge of Owsley County, duly commissioned and sworn and was so at the date hereof and that all his official acts as such is entitled to full faith and credit 
In testimony whereof I have 
affixed the seal of the 
County at Boonville 
On this 16th day of July 1856 
and have subscribed my 
name also 
W. William D. C. for 
D.B. Capps COC
Page 29

FREE

Prothonotary
May 23

J Minot Esq
Commissioner of Pensions
Washington City
D.C.

Pension Office

Mary Lutz
Henry Rev
Page 30

Proctor Owsley Co Ky 31st December 1857
Sir
I sent a communication to the 
Secretary of the Interior some conserable 
[considerable] time ago taking an appeal 
on the case of Mrs Mary Lutz of 
this County. I also enclosed to him 
a small brief. I now ask you 
to lay before the Hon Secretary the 
papers of Mrs Lutes, and I would 
also call his attention to the 
argument I prepared, and enclosed 
to him  Mrs Lutez is now living, and 
very much desires that her case shall 
take its last step and then it can 
and will die, I presume There 
is a power of Atto. [Attorney] to me on file 
in the papers with ample power to do whatsoever that may necessary to be 
done &c. I hope this will be 
done immediately not that I desire it 
so pertanaciously myself but merely to please 
the old Lady, who we may term, a 
woman of the Revolutionary war, as there 
can be no doubt as to this!
I have the honor to be 
Your very obedient Servant 
W M Fulkerson 

To
G C Whiting Esqr
C P
Washington City D C
Page 31

No 15.466. 
Mary Lutz 
Widow of Henry 
Kentucky 

W. M Fulkerson June 
16 1856
Same Aug. 3d 1857 
Secy Interior 
December 14 /57 
W. M. Fulkerson Mch 10 /58 
Hon [?] Adams Mch 13/60 

6538
July 7 1838
Page 32

6538
Mary Lutz

REJECTED
Page 33

(8)
Certificate of 
Commissioner 
of Land Office 
State of Maryland 
In behalf of 
Mrs Mary Lutz 
Revolutionary claim 
Act 1838 
Owsley County
Page 34

Land Office of Maryland 
Jany 24th 1857. 

I certify that it appears 
from the militia rolls, remaining 
in this office, that Anthony Tucker 
the enlisted as a private in Handy’s 
Company 5th Regt Maryland Line
on the 7th May 1778, and that he 
was listed as present on the 1st 
November 1780. 

In testimony whereof I 
hereto subscribe my name & affix 
the seal of the Land Office of
Maryland 
J. Murray
Commr of the Ld Off
Page 35

Affidavit of (5) 
Joseph Brandenburgh 
in behalf of Mrs 
Mary Lutz 
Act 1838 
Revolutionary Claim 
Owsley County
Page 36

State of Kentucky Owsley County Sct 

on this 28 day of April 1857 personally appeared 
before me the undersigned County 
Judge of said county and State aforesaid 
Joseph Brandenburgh, and made oath in due 
form of law, and after being quallified [qualified],states. I am 
now (87) years of age and a resident of Owsley County Ky. I have known Henry Lutes or Lutz, deceased (the husband of Mrs Mary Lutes who is now 
an applicant for a pension from this county under 
Act 1838) for fifty years past and that he was 
an honest upright, and trustworthy, and truthful man 
in every respect and that he possessed a general reputation 
of a revolutionary soldier from the State of Maryland 
and was a resident of the town of Frederick He reports himself as a substitute of a man by the name 
of Tucker, and was when he first entered too small 
to rank and size. He was then retained as a 
Baker of his company, and afterwards he 
enlisted in the place of Tucker and served out 
his time of three years. I could mention a great 
many circumstances and events that I have 
heard him speak of, but I am told it will 
do no good; but having [hearing?] out all the conversations 
that I ever had with the said Lutes, he then possessed 
a general reputation of a revolutionary 
soldier from the State of Maryland. 
Lutes died in September 1832 in the County 
of Estill, now Owsley County, and not more than 
one mile and a half from where I now live. 
Mrs. Mary Lutes who has applied for a pension as before stated, is now living, and has remained 
a widow ever since her husband Henry died, 
and is now a widow, and that during my
Page 37

acquaitnance [acquaintance] with them, they cohabited as man and 
wife, and the laws of this state held and recognized 
them as such, and that they raised a large and 
respectable number of children; Cassander Lutes 
(now Cassander Ross) is the eldest child. I have 
no interest in this claim whatever, nor am I akin 
to Mrs. Lutes either directly or indirectly. All 
of the old men in this country, or neighbourhood 
who was acquainted with the said Lutes will 
testify to what I have here stated 
Joseph Brandenburgh Sen his X mark 

Sworn to and subscribed before me on this date before written and I further certify that the above affiant 
Joseph Brandenburgh is the oldest man of my knowledge, and stands beyond suspicion, credible, and Strictly 
moral in every sense of the word, and that the said Henry 
Lutes possessed a general reputation of a revolutionary 
soldier from the State of Maryland and that the 
present applicant Mrs Mary Lutes, and the deceased cohabited 
John McDaniel P OCC

State of Kentucky, Owsley Co. SS
I Daniel B Capps Clerk of the County Court of 
Owsley County do hereby certify that John M Daniel whose genuine signature appears 
to the above affidavit was at the time of so 
doing County Judge of sd County duly commissioned and sworn and that all his official acts as such is entitled to
Page 38

to full faith and credit 

In testamony [testimony] whereof I 
here caused the seal of the 
County to be affixed at Boonville 
on this 29th day of May 1857 
D B. Capps clk
Page 39

(10)
Immaterial papers 

G. C. Whiting C. P.

Washington DC MW Fulkerson
Page 40

Proctor, Owsley Co. Ky 26th June 1857 
Sir:
Since I received your last letter in the 
case of John McQueen, stating that it 
was probable that pensions would be 
adjudged not a vested right, therefore 
no heir or representative would be entitled, 
I have thought it best to enclose 
to you the papers of Mrs. Lutes 
I can not state precisely what if she 
stated in her Declaration, but I think 
she alledged that her husband entered the company of Captain Handy as a substitute 
for Antheny Tucker. I herewith enclose 
to you the certificate showing that there
was such a company and Captain. 
We also send you proof of the neighbour 
men in our neighbourhood. Taking the case altogether I think it is insistable
that Lutes did serve in that war as much 
as 6 months, but if he served at all 
he served the time alledged in her declaration Tucker’s name is also found and certified 
to by the commissioner  of Maryland. I ask that the papers be filed carefully with 
the others if no more. The old lady is 
still living but helpless, I suppose it 
is useless for me to even ask an opinion 
or decision in this or any other of my cases 
Juding [judging] from what I have already received I have come to that conclusion 

I have the honor to be 
your obdent [obedient] Servant 
W M Fulkerson

To
G. C. Whiting
Commissioner of Pensions
Washington City
D. C.
Page 41

Kentucky 
Act July 1838 
Mary Leutz [Lutz]
Widow of 
Henry 

Suspended 
P.M. Henry 

[illegible]
this 25 day of July 1858
D. B. Capps [?]
Page 42

Know all men by these 
presents that I having been appointed 
by Mrs Mary Lutz of this county, who 
is now an applicant for a pension 
under the Act of 1838, her Agent and 
attorney and giving me the power to 
appoint a sub agent at Washington 
City or elsewhere I hereby appoint 
P M. Henry Esqr of Washington City 
D. C. sub Agent and Atto [attorney] to prosecute her claim for pension under this 
Act of Congress or any other Act 
under which she may be entitled 
and to secure the Certificate of 
pension that may be issued therein[?] 
Witness my hand and seal this 
16th day of July 1858 
Witnessed by 
John Janison [Jamison?]
 W M Fulkerson 
Atto for Mary Lutez [Lutz]
widow of Henry 

State of Kentucky Owsley County ss 
On this 16th day of July 1858 personally appeared before me the above named Wm M Fulkerson to me well known, and acknowledged 
the forgoing Power of Attorney to be 
his act and and for the purposes therein mentioned, and I certify that I am not 
interested in this claim. 
Benjamin Fraley pac[?]

State of Kentucky Owsley County, Sct
(over)
Page 43

I Daniel B Capps Clerk of the 
County Court of Owsley County 
do hereby certify that Benjamin Fraley 
Esqr before whom the foregoing 
Power of Attorney has been acknowledged 
and who has thereunto subscribed his 
name, was at the time of such acknowledgement  a Justice of the 
peace in and for the sd [said] County 
and State, duly commissioned and sworn 
and authorized by law to take 
the same and that his signature 
is genuine and that all his 
acts as such is entitled to full 
faith and credit 

In testimony whereof 
I have affixed the 
Seal of the County 
at Boonville in 
this 25 day of July 1853
D. B. Capps [?]
Page 44

Henry Lutz Served 
Three years in the
Continental war of America 
Under General Washington 
[?] State of Maryland 
[?] Regiment
Page 45

(2)
Affidavit of 
John Lutes on 
behalf of Mrs 
Mary Lutes 
Act 1838 

Revolutionary Claim 
Owsley Co

Atto [attorney] for Claimant 
W M Fulkerson
Proctor Owsley Co Ky
Page 46

State of Kentucky Owsley County Sct 

On this 20th day of August 1856 personally appeared before 
the undersigned County Judge of Owsley County 
John Lutes (or Lutz) and made oath in due form of law, and after being quallified [qualified] states. I am the son of Mrs 
Mary Lutes (or Lutz) who is now an applicant for a 
pension from this county under the Act of Congress 
1838. I am now a resident of this county and has most of 
my time been raised in this county. I was born the 17th March 
1795 and Cassander Lutes who is the eldest child 
was born 1790 and who has already filed her affidavit 
My father Henry Lutes died in Estill County Ky (now Owsley Co) sometime in the last days of September 1832. I know that he died at this time from 
the fact of my son John being born on the 29th April 1832 and my father died in September following. The 
age of my son has been a matter of record in my bible 
since his birth. My father from the time I can recollect possessed a general reputation of a revolutionary 
Soldier from the State of Maryland. I could relate a great 
deal of the history of the Services of him as it was told to me 
and the family by him. He served as a continental soldier 
or was what was called a regular soldier. The time was 
3 years. He first entered the company of Capt Hawkins 
5th Regiment, and served as a Baker. but when he first 
entered this company when they come to rank and size the men, he proved to be too small and low in 
height, he being a Baker by trade he was retained as 
such in said compy [company]. He then entered the Company of Capt Handy as a substitute in the place of Anthony Tucker and in this situation he 
served out his time. I think this company belonged to the same Regiment. 
To my own knowledge for may [many] years before my fathers death
Page 47

the subject of pension was often talked about to him it seemed 
a subject of much indifference, and he generally put it off 
by saying he could live without it. My mother has often 
been requested to apply for a pension since his death, and 
she still refused or neglected it until now and even at this 
time she sternly refused for some considerable time 

From the time of my father's death up until the present 
time my mother has remained a widow, and is 
now a widow. I have no interest in this claim. I am only her son
John Lutz 

Sworn to and subscribed before me on this date before 
written I further certify that the above affiant is a man of undoubted veracity and creditable, and the Henry Lutes, deceased and his widow Mary Lutes, 
the present applicant, cohabited as man and wife, and that 
Henry had the reputation of a revolutionary soldier 
from the State of Maryland. I certify this from my own personal knowledge 
John McDaniel, J. O. C. C.

State of Kentucky Owsley County Sct 
I Daniel B Capps Clerk of the County Court of Owsley County 
do hereby certify that John M Daniel whose genuine 
signature appears to the foregoing affidavit is and 
was at the time of so doing County Judge of said 
County, duly commissioned and sworn, and that 
all his official acts as such is entitled to full 
faith and credit 
In Testimony whereof I 
have caused the seal of said 
County to be affixed at 
Boonville on this 21st day of 
August 1856 & subscribed my name. 
all D.B. Capps clk