Revolutionary War Pension and Bounty Land Warrant Application File R. 10,070, for Joseph Stark, New Jersey
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(3 - 1776)
SERVICE |  | NUMBER
New Jersey | Stark, Joseph | R.10.070
Penn | or Starks,
Phebe
CONTENTS
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New York No 24.768
Joseph Stark
of Montgom. Co. in the State of N. York
who was a Private in the company commanded
by Captain Myers of the Regt. commanded
by Col. Dey in the Penn. Troops
line for 21 months
Inscribed on the Roll of New York
at the rate of 70 Dollars - [lined out "Cents"] per ann{um]
commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Feb.
1834 and sent to Hon. C. McVean H.R.
---
Arrears to the 4th of Sep. 1830 175.00
Semi-ant. allowance ending 4 March 1834 35.00
$210.00
Revolutionary Claim, Act June 7, 1832}
Recorded by D. Brown Clerk
Book E. Vol. 4 Page 122
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No 23883
Joseph Starke Montgomery County
New York
Admitted
Private 21 months
John [illegible]
Private 21 mo
Hon C McVean
House Reps
N.Y.
[lined out] "Johnstown [illegible] Johnstown, Montgomery County New York"
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WAR DEPARTMENT.
Pension Office,
June 5 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. 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.
Statement, shewing the Service of Joseph Stark Montgomery County. New York
Period when the service was rendered | Duration of the claimant's service. | Years. | Months. | Days. | 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.
Entered May 1776 | - | 9 | - | {rifleman sergiant(sic) | Cap Myers, Col Broadhead | 82 years, Philadelphia, Pennsylvania | traditionary evidences witnesses certified credible, Clergimans (sic) Certificate, papers connect.
Entered June 1777 | 2 | 6 | - | as private & sergiant (sic) | Cap Ward, Col Dey | |
July 1778 | [illegible] | 1 | - | | | |
[illegible] |  | 1 | - | | | |
[illegible] |  | 1* | - | | | |

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

It cannot be readily admitted that the above allegations of service are insusceptible of proof, and the regulations require applicants to produce the best evidence in their power.
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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 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, 1822.
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 provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____(e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service (and of the 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 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 muster, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. _____ who has signed the preceding certificate is a clergyman, resident in the _____ and that C.D., who has also signed the same is a resident in the ____ and is a credible person, and that their statement is entitled to credit.

I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the service of each person
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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?
6. {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 is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure , taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[footnotes]
[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 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.
[ ] 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.
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State of New York }
Fulton County } SS. On this 4th day of June 1842 personally appeared before me Honorable Henry Guite one of the Judges of Fulton County Courts Phebe Stark, a resident of the town of Oppenheim in the County of Fulton and State of New York aged Eighty years on the 17th day of July last past 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 passed July 4th 1836; That she is the widow of Joseph Stark who was a private in the militia of the Revolution and according to the best of her knowledge and belief the names and rank of the company officers one Captain Peter Ward Captain Board and a Captain Hanyan and that he entered the service in the year 1778 or 7 and continued in it until the close ^of the war^ and that he was under more than one engagement but cannot specify the particular periods of service but has heard him say he was enlisted for nine months at one period, and that when he entered the service he was at Philadelphia in the State of Pennsylvania and has heard him say he was at the Battle of White Plains and has no documentary evidence in support of her claim and if the affidavits of Mr George G Ryerson Anty Beam and Thomas Hammond a prisoner will be admitted as such the affidavits of the above named persons or some one of them one on file in the Pension office as is supposed, to establish the claim of her said husband Joseph Stark She further declared that she was married to the said Joseph Stark on the 17th day of December in the year seventeen Hundred and Seventy Seven by a travelling minister of the Gospel at Pompton in the State of New Jersey and that her husband the aforesaid Joseph Stark died on the Seventeenth day of March Eighteen Hundred and forty one at the town of Oppenheimer County of Fulton and State of New York and that the pension certificate issued by the Secretary of War on the 21st day of February one thousand, Eight
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Hundred and thirty four is the identical certificate in the possession of my husband the said Joseph Stack at the time of his doth and which is hereunto annexed and that she has remained a widow ever since that period as will more fully appear by reference to the proof hereunto annexed
[signature] Phebe her X mark Starks

State of New York}
Fulton County} This is to certify that the above named Phebe Stark to me personally known came before me and made oath to the foregoing Declaration and I know the said Phebe Starks to be a respectable person of sound mind and her statements are entitled to full credence & belief and I further certify that the said Phebe Stark is aged and infirm and is unable to attend the sessions of the Courts of Record held in Johnstown in and for this County on account of bodily infirmity so Sworn to and subscribed on the day and year above written before me 
[signature] Henry Guile a Judge of Fulton County Court

State of New York}
Fulton County Clerk's office} SS June 14. 1842. I Stephen Weit Clerk of the County of Fulton, do hereby certify that Henry Guile before whom the foregoing the foregoing declaration on oath was made, and who signed the foregoing and above certificate was at the time of taking the foregoing affidavit and now is a Judge of the County Court of the County of Fulton dwelling in the said County Commissioned and sworn & by the laws of said State duly authorized to take the same. And further that I am well acquainted with the hand writing of said Judge & verily believe his signature to the foregone certificate is genuine I testimony whereof I have hereunto set my hand and official Seal, 
[signature] Stephen Wait Clerk of Fulton County Court
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State of New York}
Fulton County Clerk's office} SS I Stephen Wait Clerk of the County of
Fulton do hereby certify that Henry Guile before whom the foregoing and within affidavit was taken and who has subscribed his name thereto as a Judge of the said County of Fulton, was at the date and time when said affidavit was taken a Judge of the County Court of the said County dwelling in said County Commissioned and sworn and by the laws of the State of New York duly authorised to take the same; and further that I am well acquainted with the hand writing of the said Judge and verily believe his signature to the within affidavit is genuine. In testimony whereof I have hereunto set my hand and the seal of said County this 14th day of June 1842
[signature] Stephen Wait Clerk of Fulton County Court
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State of New York} 
Fulton County} S.S. On this 4th day of June 1842 personally appeared before me Hans Henry Guile one of the Judges of Fulton County Courts Phebe Failing of the town of Oppenheimer County of Fulton and State of New York aged fifty one years November last past who being west duly sworn says that she is the daughter of Joseph Stark and Phebe his wife & the widow named in the foregoing declaration, and further more says that her father the said Joseph Stark had a family record to her knowledge and that he died on the 17th day of March Eighteen Hundred and forty one at the town of Oppenheim in said County of Fulton and that her Mother the said Phebe Stock named in the foregoing declaration has not intermarried but Continues the widow of the said Joseph Stark and has resided with the affiant ever since the death of her husband which took place at the time above stated
[signature] Phebe Failing

Sworn to and subscribed before me the day and year above written
[signature[ Henry Guile a Judge of Fulton County Court
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State of New York}
Allegany County} SS: Be it known that before the Surrogates Court holden on the 17th day of March 1846 at Hume in and for the County aforesaid personally appeared Phebe Failing a resident of the town of Hume.-- in the County of Allegany and State of New York aged fifty five years being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed 4th July, 1836, [lined out "3d March 1843 & 17th June 1844"] granting half pay and pensions to certain widows; That she is together with Anna Helmick wife of Isaac Helmick -- the only surviving children and lawful heirs (at the time of the death of their mother) of Joseph Stark and Phebe Stark, deceased; That their father the said Joseph Stark, deceased, was a Soldier in the War of the Revolution, and that he was a Pensioner of the United States under the act of 7th July 1832- at the rate of seventy dollars [lined out " and -- cents"] per annum, as she believes will fully appear by refference (sic) to his papers now on file in the Pension Office, that he was a resident of the town of Oppenheim in the County of Fulton and State of New York, at the time he drew his Pension; that their father the said Joseph Stark was married to their mother the said Phebe Stark (who name was Phebe Pitney before her marriage) in the town of Pompton in the [lined out "County of --- and"] State of New Jersey on or about the 17th the day of May 1779.
That their father the said Joseph Stark died in the town of Oppenheim in the County of Fulton and State of New York on or about the 17th the day of March,1841, and that their mother the said Phebe Stark died in the town of Hume in the County of Allegany and State of New York on the 12th day of March, 1844, That their mother the said Phebe Stark had ^her^ claim pending at the Pension Office at the time she died; and that their mother did not intermarry
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but continued to be the widow of their father the said Joseph Stark to the time of her death; and she further declares that Abraham J. Lyon of Rushford in said County of Allegany is the duly authorized attorney for all the heirs to present their claim to the Pension Office and now Stipends for them, and further this deponent saith not.
[signature] Phebe Failing
Sworn to and subscribed in open Court this 17th day of March 1846
[signature] Samuel C. Wilson, Surrogate
In testimony whereof I have hereunto set my hand and affixed my seal of Office at
Hume this 17th day of March in the year of our Lord, 1846.
[signature] Sam'l C. Wilson, Surrogate
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State of New York}
Allegany County} ss: I. Samuel C Wilson Surrogate, do hereby Certify that at a Surrogates Court holden on the 17th day of March 1846, at Hume in and for the County aforesaid satisfactory evidence was exhibited to said Court that Phebe Stark was entitled to or a claimant for a Pension from the United States, on account of the Revolutionary service of her husband the late Joseph Stark, deceased, under the acts of Congress passed 4 July, 1836, [lined out "3d March, 1843 and 17 June 1844"]; that she was a resident of the County of Allegany and State of New York, and died in the town of Hume in said County of Allegany in the year of our Lord one thousand eight hundred and forty four on the 12th day of March; That she left children whose names are Phebe Failing now a widow and Anna Helmick wife of Isaac Helmick who were all over the age of twenty one years, and the only surviving children and lawful heirs of the said Phebe Stark, deceased, at the time of her death.

In testimony whereof I have hereunto set my hand and affixed my seal of office at Hume this17th day of March in the year of our Lord one thousand eight hundred and forty six.
[signature] Sam'l C. Wilson Surrogate.
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23883
Joseph Stark of Oppenheim Montgomery county and State of New York
Application for a pension under act of Congress of June 7 1832
Hon. Secretary of War may forward pension certificate to me residing in Palatine Montg. County New York
[signature] John Nellis

John Nellis
Palatine Mont. Co. N.Y.
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State of New York
Montgomery County on the nineteenth day of January in the year of our Lord one thousand Eight hundred and thirty three personally appeared before me Abraham Monroe one of the Judges of Montgomery County common pleas being a court of record of said County in the said State of New York Joseph Stark a resident of the town of Oppenheim in the County of Montgomery and State of New York aged Eighty two years of age on the seventeenth day of December last past, who being first duly sworn according to law doth on his oath makes the following declaration in order to obtain the benefit of the act of Congress passed Jan 7th 1832
That he entered the service of the United States and the following named officers and served as herein stated.
That he entered said services in the month of April of May in the year of our Lord one thousand Seven and seventy six (the day of the month he can not recollect) at the City of Philadelphia in the State of Pennsylvania in Captain Myers company his Christian name he cannot recollect in Col Broadheads Regiment his Christian name deponent does not recollect. the names of other field officers this deponent does not recollect, thinks one Toppan was Lieutenant in said company, it was a company of riflemen belonging to Col Broadhead Regiment of Riflemen, that he served as a Sergeant in said company from the time of his entering said service as aforesaid till the month of January having he thinks and believes, the day of the month he left said service in said company he cannot recollect but deponent is certain he served in said Company for at least nine months. deponents enlistment in said Company was for one year but owing to sickness & inability to serve, deponent could and ere longer than nine months as aforesaid, after entering the service as aforesaid went with the company to the [illegible] of Delaware in the State of Delaware, where we dispersed some Tories, then marched back to Philadelphia, then marched from Philadelphia New York City, where we encamped for about one week or a fortnight, then crossed the East river to Long Island and was stationed a near and against Flat Bush, where a part of the Enemy lay and those we
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killed one of the enemy, then we were compelled by the British to retreat to Brooklyn and from thence to the City of New York and from there to Kings Bridge where we lay about two weeks at which time and place I think Col Broadhead resigned his commission and left the army and Captain Myers succeeded to his station of Colonel of said Regiment from there retreated to White Plains and there we lay about one week or two and from there we were compelled to retreat to Kings Ferry and from there to Tappan at which place we entered I think in the month of January 1777-
There deponent took very sick and was unable to complete the residue of my enlistment. Towards the close of this service a Lieutenants commission was received by Col Myers for deponent ^as Col Myers informed the deponent^ but owing to sickness did not accept it. The company went from Tappan to Philadelphia and left deponent behind as he was unable to walk or ride. My life was there dispaired of by the Col who treated me there very kindly and humanely and remained unable to join the company again, for the residue of my enlistment no written discharge given to me. deponent cannot recollect more about this time of service nor about his officers their names their marches or retreats then as above set  forth. deponent never saw his Lieutenants commission does not know by whom it was signed or what has become of it.
deponent entered the service of and some time in June 1777 at Pompton County of Bergin State of New Jersey in captain Peter Wards Company Col Morris Day? Regiment in which Richard Day was major the names of the other officers of the company & regiment deponent cannot recollect - at this time and place the citizens [lined out "acrts"] of the county able to bear arms were enrolled and put in classes and deponent was put in one of the classes and remained in that situation from the time of his enrollment as aforesaid to the termination of the revolutionary war in 1783 and during said period from 1777 to 1783 as aforesaid deponent was on duty in said company & regiment and on alarms in other companies as long as two years and six months and more doing duty as a private and some times as a Sergeant or unto as good and faithful soldier in defence (sic) of the country - deponent performed duty on the lines in Capt. Ward's company during said period as long as one year and three months of the said two years and six months at the least and the residue of the said two years six months deponent
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did duty on special occasions of alarm immediately after entering the service in Captain Wards company aforesaid in [illegible] of aforesaid went with the company to Hackensack and lay there off and on for the said term as at least one year and three months - watching the enemy and driving them back occasionally. Deponent was occasionally on special occasions of alarm in Capt Boarce's Company Militia stationed generally in said County of Bergen. Deponent recollects of being stationed or going to Staten Island during his service as a militia man where we were a short time and compelled by the enemy to leave it. deponent is sure that from years 1777 to 1783 he was on duty as such militiaman every other for a month at each time, in the of his county. deponent is unable to state further in relation to his service from 1777 to 1783 his officers their names or any other particulars. then as above stated except that he acted as Sergeant in said Militia Service Eighteen months at the least. deponent was born in New London in the State of Connecticut in the month of December namely on the 17th day of the month in the year 1750 which makes deponent Eighty two years of age & upwards. deponent has no record of his age and deponent resided in the City of Philadelphia in the State used when he first enlisted and entered the service as aforesaid and when deponent was drafted into the service as aforesaid he resided in the town of Pumton [Pompton?] County of Bergen and State of New Jersey - deponent has lived in the city of New York since the Revolutionary War about one years six months, then in Pawlet County of Rutland & State of Vermont about four years, thence in Grand Isle on Lake Champlain about Eleven years, then in Utica County of Oneida State of New York about three years. then in the town of Manheim County of Herkimer & State of New York about four years then in the town of Oppenheim County of Montgomery & state last aforesaid about twenty six or Twenty seven years and deponent now lives  in the Town of Oppenheim County of Montgomery and State of New York
Page 18

deponent further says that the first service herein stated he performed in pursuance of a regular enlistment as aforesaid and the second service or term or terms herein stated he was drafted in the service as herein before stated, deponent considering being enrolled in a class and compelled to turnout and service as aforesaid in the militia, being drafted in the service but I wish it distinctly understood that I rendered all the said service aforesaid being at the least three years and three months as aforesaid in the whole, most cheerfully.

That deponent is known to Luther Pardu, Nathan Christie Jacob Failing Peter Clause Peter Failing John Yoran in his present neighborhood and all men of respectability and of good character who can testify to deponents character for veracity & good behaviour (sic) whom deponent cannot produce in Court without too much inconvenience and expense to deponent as deponent is very poor and deponent cannot attend Court from bodily infurmity (sic) and deponent cannot give the name of any Clergyman in his neighborhood or elsewhere to give the require certificate to his present knowledge and belief as the Clergymen have moved away with whom deponent was acquainted and where to deponent does not know. deponent has no written discharge and never had.

deponent further says that he knows of no person or persons who can testify to his services as a soldier of the revolution deponent further says that he is perfectly blind and is therefore obliged to make his mark.

And thereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not on the pension roll of the agency of any State
[signature] Joseph his X mark Stark

Sworn to and subscribed this day and year ^first^ aforesaid}mark
[signature] Abm Morrell Judge of Montgomery County Common pleas being a Court of record
Page 19

I John Yoran residing in the town of Oppenheim County of Montgomery and State of New York being sworn in due form of law deposeth & saith and certifies upon his oath aforesaid that he is well acquainted with Joseph Stark of the same place who has subscribed and sworn to the above -- declaration, that this deponent believes him the said Joseph Stark to be Eighty two years of age and upwards. that the said Joseph Stack is respected & believed in the neighborhood where he resides, to have been a soldier of the revolution and that I concur in that opinion
[signature] John Yoran
[lined out signature "Jacob Failing"]
Sworn to and subscribed this 20th day of January 1833 before me}
[signature] Abm Morrell Judge of Montgomery County Common Pleas being a Court of record

We Henry Halstead a Clergyman residing in the town of Salsbury County Herkimer and State of New York and Jacob Failing of Oppenheim County of Montgomery and State of aforesaid and Samuel Swartwout of Oppenheim county & State last aforesaid and Peter J Failing residing in the town County and state last aforesaid hereby certify that we are all well acquainted with Joseph Stark who has subscribed and sworn to the above declaration, that we believe him to be Eighty two years of age, that he is
respected and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion 
[signature] Henry Halsted
[signature] Jacob Failing
[signature] Samuel Swartwout
[signature] Peter J Failing
Sworn to and subscribed this 12th day of February 1933 Before me}
[signature[ Abm Morrell Judge of Montgomery County Common Pleas being a Court of record.
Page 20

I Abraham Morrell one of the Judges of the Court of Common pleas in & for the County of Montgomery in the State of New York being a Court of record in said County and State, do hereby declare it to be my opinion, after the investigation of the matter and after putting the interrogatories prescribed by the war department, that the above named Joseph Stark applicant was a revolutionary soldier and served as he states. And I the said Judge do further certify that it appears to me that Henry Halsted who has subscribed and sworn to the preceding certificate is a Clergyman resident in the town of Salisbury County of Herkimer and State of New York and that Jacob Failing Samuel Swartwout and Peter Failing who were all signed and sworn to the same in due form of law are residents of the town of Oppenheim County of Montgomery & State last aforesaid and the said Applicant and the said Henry Halsted Jacob Failing Samuel Swartwout and Peter J Failing are respectively credible persons and that their statements and certificates are entitled to credit. And I the said Judge do further certify that it appears to me that John Yoram who has sworn to and signed the preceding certificate marke (Y) is a resident of the town of Oppenheim County and State last aforesaid and that he the said John Yoran is also a credible person and that his statement and certificate is entitled to credit. And I the said Judge do further certify that the said Henry Halsted Jacob Failing Samuel Swartwout Peter Failing and John Yoran who have signed and made oath to the above certificates as aforesaid or any two ^or either^ of them, cannot be produced in court, without too much inconvenience and expense to the said applicant.
And I the said Judge do further certify that the said Joseph Stack the applicant cannot from bodily infirmity attend the Court Witness my hand this 12 day of February in the year of our Lord one thousand Eight hundred and thirty three
[signature] Abm Morrell one of the Judges of Montgomery county common pleas in the State of New York being a Court of record in and for said County & State
Page 21


23883
Joseph Stack of Oppenheim Montgomery County State of New York
Application for a pension under act of Congress June 7 1832
Hon Secretary of War may forward pension certifidcate to me residing in Palatine Montgomery County State of New York
[lined out illegible]
[signature] John Nellis
John Nellis
Palatine
Mont. Co. N.Y.
Page 22

State of New York
Montgomery County Clerks office, ss. I, George D. Ferguson, Clerk of the Court of Common pleas of the County of Montgomery, do hereby certify that Abraham Morrell, Esquire before whom the foregoing declaration of Joseph Stark, purports to have been sworn, & also before whom the foregoing affidavit of John Yoran & also the foregoing affidavit of Henry Halsted Jacob Failing, Samuel Swartwout & Peter J. Failing purport to have been sworn was on the date thereof a Judge of the Court of Common Pleas of the said County; and that I am well acquainted with the hand writing of the said Judge & verily believe that the name of the said Judge Subscribed to the said declaration of said Joseph Stark, and to the affidavits of the said John Yoran & to the said affidavit of said Henry Halsted, Jacob Failing Samuel Swartwout & Peter J Failing, & also to the foregoing certificate of the opinion of said Judge relative to the revolutionary services of said Joseph Stark, & to the credibility of the said John Yoran & to the affidavit of said Henry Halsted, Jacob Failing Samuel Swartwout & Peter J. Failing, is Genuine.
In testimony whereof I have hereunto set my hand and seal of Office this 27th day of February 1833
[signature] Geo: D. Ferguson
Page 23

November 7, 1934
XXXXXXXXXXXXXXX
Miss Helen Mullin
423 South Topeka
El Dorado, Kansas

JOSEPH STARK
R. 10070
BA-J/MLB

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War records of Joseph Stark who was born in 1750 in New London, Connecticut, served as private and sergeant in the Pennsylvania troops, received a pension and died in 1841 in Oppenheim, New York, also of Stephen and Samuel Irons, of Gloucester, Rhode Island.

Revolutionary War data furnished by this office are obtained from claims for pension and bounty land made to the United States based upon military service of soldiers in that war.

A careful search of the records fails to show such claims on file on account of the Revolutionary War service of Stephen or Samuel Irons, under any spelling of the surname.

The record of Joseph Stark or Starks (whose name appears under both spellings) was found and is given herein as shown in pension claim, R. 10070, based upon his service in the Revolutionary War.

He was born December 17, 1750, in New London, Connecticut; the names of his parents are not given.

While residing in Philadelphia, Pennsylvania, he enlisted in April or May,1776, served nine months as sergeant in Captain Myers' company, Colonel Brodhead's Pennsylvania rifle regiment and was in the battle of White Plains. He moved to Pompton, Bergen County, New Jersey, in 1776 or 1777, where he enlisted sometime in June, 1777, and served at alternate months until the end of the war in 1783 amounting to two years six months as private and sergeant in Captain Peter Ward's company, Colonel Theunis Day's New Jersey regiment, and on special occasions of alarm and monthly tours in Captain Board's New Jersey Company.

After the war, the soldier resided in New York City for one

[vertical, handwritten script in left margin in reference to Captain Myer in last full paragraph]
I could not identify Capt Myers. Widow stated sol. served under a Capt Hanyad but he did not use it and I could not identify it so did not use it.
Page 24

year six months, in Pawlet, Rutland County, Vermont, for about four years, in Grand Isle on Lake Champlain for about eleven years, in Utica, Oneida County, New York, for about three years, in Manheim, Herkimer County, New York, about four years, then moved to Oppenheim, Montgomery County, New York.

Joseph Stark or Starks was allowed pension on his application executed January 19, 1833, while a resident of Oppenheim, New York, where he had lived twenty-six or twenty-seven years.

The soldier died March 17, 1841, at the home of his daughter, Mrs. Phebe Failing, in Oppenheim, Fulton County, New York.

Joseph Stark or Starks married Phebe Pitney, who was born July 17, 1761. They were married at the home of her father, name not given, in Pompton, New Jersey, December 17, 1777, as stated by soldier's widow, or in 1778, or May 17, 1779, as stated by his daughter, Phebe.

In 1842, soldier's widow, Phebe Stark or Starks, was living with her daughter, Mrs. Phebe Failing, in Oppenheim, Fulton County, New York. She died March 12, 1844, in Hume, Allegany County, New York, at the home of Lester H. Sweet,  who married in 1838 Phebe Failing's oldest daughter, name not given, then aged twenty-seven years. Lester H. Sweet's age in 1850 was given as thirty-eight years, at which time he was still living in said Hume, New York.

Reference was made to two sons and three daughters of the soldier and his wife, Phebe; the names of the sons were not given; the three daughters were: --

Anna, the oldest child, born about 1785; in 1820, she was the wife of Isaac Helmick, by whom she had then had eight children; In 1849, she was residing in Hume, Allegany County, New York. In 1850, reference was made to Anna's grandchildren, but no names were given.

Phebe, born November 26, 1791, married sometime prior to 1820, one Peter J. Failing and then had six children; in 1842, she was residing in Oppenheim, New York, as his widow; in 1846, she was living in Hume, New York, and still living there in 1849. In 1850, reference was made to Phebe Failing's grandchildren, but no names stated.

Rachel, date of birth not given, who died about 1830.

Anna Helmick and Phebe Failing were the only children who

- 2 -
Page 25

survived their mother, Phebe Stark or Starks.

In 1855, one Jacob Failing was a resident of Oppenheim, Montgomery County, New York, his relationship to Peter J. Failing who married soldier's daughter, Phebe, not shown.

In 1850, George H. Sweet, aged forty years, a brother of Lester H. Sweet who married soldier's granddaughter, was a resident of Hume, New York.

Very truly yours

A. D. HILLER
Executive Assistant to the Administrator
- 3 -
Page 26

State of New York}
Montgomery County} S.S. On this 27th day of August A.D. 1842 personally appeared before the undersigned a commissioner of Deeds in and for the County afore said Phebe Failing widow of the town of Oppenheim County of Fulton and State aforesaid who being first duly sworn doth depose and say that she was fifty one years old 26th day of November last past and that she is the daughter of Joseph Stark (who was a pensioner of the United States) and Phebe his wife (my mother) the identical person who has made application under the act of Congress of the 4th July 1836 for a pension about the last of May or first of June last past and whose declaration it is supposed is on file in the Pension Office of the United States reference to which will fully appear and she further testifies that her parents never had any written family Record of the date of the birth of herself and sister the only living member of the ^family^ at present to her knowledge and she also testifies that her father the said Joseph Stark and his wife Phebe (my mother) both resided with me this deponent for the last eight or ten years up to the time of his death which occurred on the 17th day of March 1841 at my house in the town of Oppenheim County of Fulton & state aforesaid and that my mother the said Phebe Stark resided with me at the time my fathers death as above stated and does still reside with me (this deponent) and that my mother the said Phebe Stark has never intermarried but still continues the widow of the said Joseph Stark for whose Revolutionary services she asks a pension
[signature] Phebe Failing
Subscribed and sworn to this 27th day of August 1842 before me}
[signature] John Wilson Com'r of Deeds
Page 27

State of New York}
Montgomery County} SS. This is to certify that the within named Phebe Failing to me personally Known came before me and made oath to foregoing deposition and I know the said Phebe Farling to be a respectable person and that her statements are entitled to full credence and belief
[signature] John Wilson Com of Deeds &c

Montgomery County}
Clerks Office SS} I Henry Cook Clerk of the County of Montgomery do hereby certify that John Wilson whose name is subscribed to the within jurat of affidavit and to the above certificate was at the date of said Jurat & certificate a commissioner of Deeds in and for the County of Montgomery duly appointed and qualified to act as such commissioner, and that I am well acquainted with the hand writing of John Wilson & Verly believe that the Signature to said Jurat & certificate purporting to be the hand writing of said John Wilson is his genuine hand writing
In testimony whereof I have hereunto set my hand and affixed the Seal of the County of Montgomery the 30th day of August 1842.
[signature] H, Cook Clerk
Page 28

Pension Office
Feb 3, 1844
Sir
I herewith return the memorial of Mrs. Phebe Stark, and have the honor to state that I am unable to say whether it is sufficient to prove to the Committee that she entitled to a pension, as we do not know what proof they require. My letter of the 24th June 1842 to Mr. John Wilson, a copy of which is herewith enclosed, will shew what objections exist to the admission of the claim at this office
Hon. W. S. Hubbell
H.R.

No 5608, NY
Act 1836 [illegible]
Page 29

Hon W S Hubbell
Feb 3 1844
Page 30

Washington City D.C.
House of Rep.
1 Feb. 1844
My dear Sir
I am directed by the Chairman of the Committee on Pensions to refer the enclosed memorial to you, to ask if it is sufficient to proove (sic) to the committee, Mrs Phoebe Stark's Claim,
With Great Respect
Y'r M'o Ob't Sr,
W. S. Hubbell
J.L. Edwards Esq
Page 31

John Wilson
Sep. 5. '42
Page 32

Pen. Office
Sept 5: 42
Sir
In the case of Phebe Stark the evidence is insufficient to establish the alleged date of the marriage with the necessary certainty - my letter of 24 June last apprized you of the necessary proof in such cases-
John Wilson Esq
St Johnsville
Montgomery Co
N.Y.
Page 33

Free
Hon
J.L. Edwards
Com'r of Pensions
Washington D.C.

[vertical script on left side]
St. Johns Ville} NY
Sept 1st}
5 Sep 1842
D.C.
Phebe Stark
Page 34

Dr Sir
St Johns Ville September 1st 1842
Enclosed I send you the affidavit of Peter Schuyler and Phebe Failing in furtherance of the Claim of Mrs Phebe Stark, who made application for a pension as the law requiring about the last of May or first of June last past by sending you (by mail) her declaration under oath and the affidavit of Phebe Failing and also the Pension Certificate of her late husband Joseph Stark attached to her declaration the application was made under the act of Congress of 4th July 1835 and on or about the 1st of July last I received your answer "Dated Pension Office June 24th 1842, Viz In the case of Phebe Stark there is no proof of the alleged date of the marriage & the credibility of her only witness is not certified" you then state what must be proved ^in relation to the marriage^ which I have endeavored to by the testimony of Peter Schuyler & which I hope is conclusive upon that point and in the conclusion of your letter to me you say "That the certificate is returned to enable claimant to draw the amt due then on Court should certify the day of his death &c" from which it appears you judged her to make application for back pay by examining her declaration and the affidavits you will at once see that there was but a few dollars due her for he drew his last regular pay on the certificate on the 4th of March 1841 and died on the 17th of the same month and same year so that there would be but due her 13 days back pay which she does not claim but make application for a pension from the date of his death if you should think the proof already adduced is sufficient to entitle her to it If she has not made application under the right act please send me a blank form of the act &c
please answer this letter as soon as you can [illegible] yours &c
[signature] John Wison
Honr~ J L Edwards
Page 35

[note: fold over on right edge cuts off part of some words]

State of New York} 
Oneida County} S.S. On this 6th day of August A.D. One thousand Eight hundred and forty two personally appeared before me the undersigned a Justice of the peace in and for the County of Oneida and State aforesaid Peter Schuyler ^late a^ Merchant of the town of Boonvil {Booneville] County of Oneida and State of New York aged seventy six - years last past who being first duly sworn doth depose and say that he was well acquai [word cut off] ed with Widow Phebe Stark (whose maiden ^name^ was Pit [word cut off] both before and after she married to Joseph Stark who was a pensioner of the Revolution (he beli [word cut off] at the time of his death which occurred on the 17 [word cut off] day of March 1841 (as he has been informed) and verily believes and the deponent further testifies that the said Phebe Stark above named was lawfully married to the said Joseph Stark in the winter (he thinks) of the year 1777 or 8 at her fathers ho [word cut off] in Pompton in the State of New Jersey and a [word cut off]  which place the deponent also resided with his fa [word cut off] the dwelling house of her father and his (depone [word cut off] father was, but a few rods apart and thinks that his father and sister Anna also attended the wedding and that he knows perfectly well that they lived together as husband and wife in the Revolution recollects that the above named Joseph Stark was a shoemaker by trade and lived in a low flat stone house at King Wood and thinks as early as 1778 or 9 and that he frequently called in to see them and that no one ever doubted they were marred and furtherm [word cut off] that he does not know that there ever was any Church Family or any other record of the marriage for the reason that it was in the beginning of the Revolution and
Page 36

and the country was in a very unsettled state or situation
[signature] Peter Schuyler
Subscribed and sworn to the day and ^year^ above written before me}
[signature] Henry Graves a Justice of the Peace of the County of Oneida
This is to certify that the above named Peter Schuyler to me personally known came before me and made oath to the foregoing deposition and I know him to be a person of respectability and his statements entitled to full credence & belief
[signature] Henry Graves a Justice of the Peace of the County of Oneida
Page 37

STATE OF NEW-YORK,}
CLERK'S OFFICE, ONEIDA COUNTY} SS.
I, P. Sheldon Root - Clerk of the County of Oneida, do hereby certify, that Henry Graves - Esquire, was on the 6th day of August A.D. 1842, and still is - a Justice of the Peace in and for the said county of Oneida, duly authorized to act as such & to administer oaths &c, & that I am well acquainted with hand writing & that his signatures, to the annexed affidavit of Peter Schuyler & to the certificate thereto subjoined, are genuine.
In Testimony whereof, I have hereunto set my hand, and after the seal of the said county, this 16th day of August A. D. 1842.
[signature] P. Sheldon Root.
Clerk.
Page 38

John Wilson
June 24. 1842
O.C
Page 39

Pen off.
June 21, 42
Sir
In the case of Phebe Stark there ^is no^ proof of the alleged date of the marriage & "the credibility of her only witness is not certified- The relation of husband & wife is so universally susceptible of record proof by the register of births - baptisms - Marriages &c. kept by Towns - Churches - & families, that such [lined out "such"] grade of evidence should be ^first^ required and when it is shown by the certificates of the proper officers that no such registers were kept the parol testimony should be abundant & explicit, shewing in every reference to a distant date the means by ^which^ it is ascertained with the requisite precision to swear it -- The certificate is returned to enable claimant to draw the amount due thereon - The Court Sh? certify the day of his death
[signature] John Wilson Esqr
St. Johnsville
Montgomery Co. N.Y.
Page 40

No 5608
June 23. 1842
N.Y
July 4 1836
Phebe Starks

[vertical script middle of page, and it is cut off]
Hon"r
J. L. Ed [Edwards]
Page 41

Dear Sir
Enclosed I send you the papers of Miss Phebe Stark who makes application for a pension under the act of July 4th 1836 she will rely upon the evidence of Hammond Ryerson & Bram whose affidavits are supposed to be on file in the pension office together with what is herein enclosed to establish her claim the result of which after examining the papers you will please to inform me as soon as you can consistantly. Sent to me at St Johnsville Montgomery County New York June 18th 1842
[signature] John Wilson

Hon J.L. Edwards
Com'r of Pensions
Page 42

State of New York}
Allegany County} On this first day of September 1849 personally appeared in open court before me, William G. Angel Esq. ^County Judge & surrogate of said County^ Phebe Failing, resident of the town of Hume, in the said county aged 59 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 provisions of the act of Congress passed July 7th,1838. That she together with Anna Helmick are the children and only surviving heirs of Joseph and Phebe Stark - That her father the said Joseph Stack drew a pension under the act of 7th July 1832 at the late of sixty Dollars per annum, and died at the town of Oppenheim and State of New York in the year 1841 on the 16th day of March of that year that he left a widow, her mother, the said Phebe Stark who died 12th March 1844. That her mother the said Phebe Stark had a claim pending at the pension office at the time of her death. That her father the said Joseph Stark, was married to her mother the said Phebe Stack at the town of Pompton in the State of New Jersey in the year 1778 as near as she has learned from them and that the marriage took place previous to the first day of January 1794 and that she is the identical person who made a declaration under the act of 4th of July 1836 in which she set forth the foregoing facts-- all of which she believes will more fully appear by refference (sic) to evidence and papers now on file in the pension office at Washington to which papers she respectfully refers the Commissioner of Pensions
[signature] Phebe Failing
Sworn & Subscribed in open Court this 1st day of September 1849 Before me
[signature] W. G. Angel
County Judge & Surrogate
Page 43

State of New York}
Alleghany County} SS. I, Martin Butts Clerk of the said County do hereby that William S. Angel Esquire before whom the preceeding affidavit was taken, was at the time of taking such affidavit County Judge & Surrogate of said County and duly authorized to take such affidavit, and further that I am well acquainted with the hand writing of such Judge & Surrogate and verily believe that his signature signed to said affidavit to be his genuine signature-
In Testimony whereof I have hereunto subscribed my name and affixed my official Seal this 6th day of September 1849
[signature] Martin Butts Clerk
Page 44

Joseph Stark's relinquishment of all claim to a pension for more than 21 months Service.
Certificate issued
No 24.768
five this with his paper-
Page 45

Whereas I Joseph Stark of the Town of Oppenheim County of Montgomery & State of New York have been informed that I am placed on the Pension List for twenty one months under the Act of Congress of June 7. 1832. On my relinquishment of all claim to a Pension for a longer service, I do therefore hereby relinquish all claim to a pension for a longer period of service than twenty one months. In testimony whereof I have hereunto set my hand & Sept this 14th day of February A.D. 1834
In presence of
[Signature] John Mosher
[signature] Joseph his X mark Stark

State of New York}
Montgomery County} SS. Be it known that on this 14th day of February A.D. 1834 personally appeared before me the Subscriber a Justice of the Peace in & for said County Joseph Stark above named to me well known to be the same person who signed above who acknowledged to me that he executed the above for the use & purpose therein mentioned - In testimony whereof I have hereunto set my hand the day & year last above mentioned-
[signature] John Mosher J.P.
Page 46

State of New York}
Montgomery County} SS. I George D. Ferguson Clerk of the Court of Common pleas in & for said County, do hereby certify that John Mosher who witnessed as a subscribing witness the within instruction & whose name purport to be signed by him to the certificate under the said instrument written was at the date of the same a Justice of the peace in & for said County & that I am acquainted with his hand writing & verily believe his name subscribed as a subscribing witness to the Execution of the said instrument & his name written to the said certificate within mentioned to be genuine & his own proper hand writing - In testimony whereof I have hereunto set my hand & seal of Office this 18th day of February A.D. 1834
[signature] Geo: D. Ferguson
Page 47

State of New Jersey}
Bergen County} SS
No 1. Personally appeared before
the subscriber a Judge of the Court of
Common pleas for the County of Bergen in the State of New Jersey Antony Beam aged Eighty years resident in the Township of Pompton County aforesaid well known to the subscriber as a person of good standing who being first Sworn according to law doth on his oath declare that he was well acquainted with Joseph Stark who lived at Pompton at that ^the^ time of ^the Revolutionary War^ - Since removed to the West [illegible] in the State of New York - well remember that the said Stark was drafted into prove as a private soldier - served in the same company with the deponent who was doing duty as sergeant - the Company was stationed at Elizabeth town in Essex County their duty was to guard against the depredation of the Enemy - Clark served out this tour of one month and was discharged at Elizabeth Town
[signature] Anthony Beam
Sworn and subscribed before me this 23d Day
[signature] Wm Colfax
Page 48

Bergen County}
State of New Jersey} SS
No. 4. I William Colfax a Judge of the Court of common pleas for the County of Bergen in the State of New Jersey do hereby certify to the Honble the Sect of War and Commissioner of pensions that I have been intimately acquainted with Anthony Beam, George Ryerson, John Beam and John A Gould ^who's affidavits are hereto attached^ for fifty years last past - that ^they^ are all men of good standing in society, credible witnesses and fully entitled to belief, as such
Given under my hand this 9th Jun 1834
[signature] Wm Colfax

NB - The above interlineations "who's affidavits are hereto attached" was made by me the day & year above said
[signature] Wm Colfax
Page 49

That the said Stark served one month under Caps Palu were at Hackensack doing guard duty in place of the regular Troops along the line, to prevent the incursions of the enemy into the Country - believes it was in the year 1778 or 1779 - The Company attacked the British at Fort Lee, on the north River, took the fort. and held it possession ever after. The British army was then in possession of N York and the low part of Beaufort County-
That the said Stack served on monthly tours in Capt Bogards Company at Hackensack and along the lines doing duty as aforesaid-
The deponent [lined out "the deponent"] has a perfect recollection of the services of the said Stark in other companies by draft from time to time, but has no memorandum of Comp'l or dates - that said Clark was always ready when called on, as a promp (sic) and active soldier, and the deponent dont hessitate to say that the whole service of the said Stark in the War of the Revolution would be two and half years at least
[signature] G.G. Rhuyerson
Sworn and subscribed before me this 26th day of Decr 1833-
[signature] Wm Colfax
Page 50

Bergen County}
State of New Jersey} SS
No. 2. Personally appeared before me a Judge of the Court of Common pleas for the County of Bergen in the State of New Jersey George Ryerson, aged Eighty years, who being first duly sworn according to law doth on his oath declare, that he was personally acquainted with Joseph Stark in the war of the Revolution who then resided at Pompton in the County aforesaid, and for some years after the war, then removed to the Western Counties of New York with Thomas and Robert Murphy.
That the said Stark came to reside at Pompton in the year [illegible] or 1777- often boasted of his service as a rifleman in the Regiment of Col Broadhead - wore at that time his Rifle dress a Buckskin pack, his knapsack painted red - sold his rifle to Capt Peter Ward, who disposed of it to the family of Morris' then living at Ringwood in the County aforesaid he believes the Rifle still remains with the Morris family, about five miles from the residence of the deponent.
That the said Joseph Stark entered the service of the United States in the war of the Revolution in Capt Peter Wards company at Pompton Bergen County Col Days Regt - was marched to Paramus then to [illegible] in Essex County where the Bridge was cut down to prevent the enemy from advancing into the country-- the deponent served as Lieutenant and Stark was present at cutting down the Bridge - served one month by draft - classed for that purpose - and [illegible] held subject to draft with all the Militia near the lines - this service was performed in the month of June 1777-
the
Page 51

State of New York}
Bergen County} SS
No. 3 Personally appeared before me William Colfax one of the judges of the Court of Com: pleas for the County of Bergen in the State of New Jersey John Beam aged seventy ^six years^ years in April next. Resident in the Township of Pompton County afores'd and John A Gould  aged seventy six next June resident in Morris County Men well known to the subscriber as men of gran standing, who being duly sworn on their oath declare that they well acquainted with Joseph Stark then living at Pompton aforesaid since removed to the western Counties of N York during the war of the Revolution
That said Stark was drafted into actual service and served one month at Paramus under Capt [illegible] - served out his month and was discharged - believes it was about the year 1777 - -but cannot say with certainty that ^they^ are correct as to year- Stark might have served a number of other tours being situated where drafts were made from time to time but has not any particular knowledge as to any further service
[signature] John Beam
[signature] John A Gould
Sworn & Subscribed before me this 28 Dec 1833}
[signature] Wm Colfax
Page 52

State of New Jersey}
County of Bergen} ss. I Abraham Watervill Clerk of the County of Bergen and Clerk of the Inferior Court of Common pleas in and for said County Do hereby certify that William Colfax Esquire whose name is subscribed to the Jurats of the annexed affidavits viz: of Anthony Beam marked No 1. of George G. Ryerson, marked No 2. and of John Beam and John Gould marked No 3. as well as to the annexed certificate marked No 4 was on the respective dates thereof & still is one of the Judges of the said Court in and for the County aforesaid duly commissioned & sworn; and that his signature to said Jurats and certificate is genuine-
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court this thirteenth day of January A D 1834.-
[signature] Abm. Watervill Clerk
Page 53

In reply to your request of [blank] , received [blank] for a statement of the military history of Joseph Stark
a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ^and^ ([lined out "or"] his widow's) application for pension
on file in this Bureau. R.F. 10,070
DATES OF ENLISTMENT OR APPOINTMENT. | LENGTH OF SERVICE. | RANK. | OFFICERS UNDER WHOM SERVICE WAS RENDERED. | CAPTAIN. | COLONEL. | STATE.
April or May, '76 | 9 mos | Sergt | Mears | Broadhead | Pa.
June, 1777 | Served alternate months until end of War amounting to 2 yrs 6 mos | Pri | Peter Ward | Theunis Dey. | N.J.
 | | and Sergt. | Board | " |
Battles engaged in, White Plains
Residence of soldier at enlistment, {Philadelphia Pa., at 1" enl. Pompton, Bergen Co. N.J. at 2" enl.
Date of application for pension, Jan. 19, 1833. His cl. was al
Residence at date of application, Oppenheim, Montgomery Co. N.Y.
Age at date of application, B. Dec. 17, 1750, New London, Conn
Remarks: He mar at Pompton, N. J. Dec. 17. 1777, Phebe Pitney who was born July 17,1761, he died Mch. 17, 1841, at Oppenheim, N.Y. and she [lined out " was allowed pension on her ap. ex. June 4, 1842 while a resident of Oppenheim, N.Y. State"] died Mch. 12, 1844, at Hume, Allegany Co. N.Y. Children: two sons and three daughters, only names stated being Anna, born about 1785, mar. Isaac Helmick; Phebe born about 1790, mar Peter J. Failing; Rachel
Respectfully,
Commissioner.
Page 54

F.W.
Rev. War Section.
January 2, 1915.
Miss Marion R. Strossman,
222 South Avenue,
Aurora, Illinois.
Madam:
In response to your letter of the 24" ultimo, you are herewith furnished the history of Joseph Stark, R. File No. 10,070, Rev. War, and advised that it is not the practice of this Bureau to furnish more that one copy to the same person. Others desiring copies should apply for the same over their own signatures.
Very respectfully,
[signature] G. M. Saltzgaber
Commissioner.
Page 55


423 So. Topeka
El Dorado, Kans.
October 28, 1934.

Veterans Administration,
Washington, D.C.
A. D. Hiller, Ass't to Administrator.

Dear Sir:

Will you please furnish me with the Revolutionary War records/of the following men? I am most anxious to learn all that your records may reveal of their families and places of residence.

Joseph Stark 1750 - 1841. Received pension for service as Private and Sarjant, Pennsylvania troops, born New London, Conn. Died in Oppenhiem, N. Y.

Stephen Irons of Glocester, R.I. aged 16-50 "able to bear arms"; Ensign 1st Company of Militia of Glocester May 1778. Died 1822.

Samuel Irons, Jr. of Glocester, R.I. aged 16-50 "able to bear arms"; Corporal Capt. Gen. Cavaliers July 24 -  Aug. 31, 1778.

Your helpfulness will be greatly appreciated -
Sincerely yours,
Miss Helen Mullin

[circular stamp, arrow pointing to 3:30pm]
RECEIVED
OCT 30 1934
MAIL SUB DIV
READER 12
VETS. ADM.
Page 56

Rev Sec
Aurora Chapter
Daughters of the American Revolution
Aurora, Illinois May 29 - 1915

Dear Sir
Will you send me the Pension record of Joseph Stark who married Phebe Pitney. He was born in New London Conn 1730 Died Oppenheim N.Y. 1841
Sincerely
Helene  F Dailey
73 N Root Le-
Aurora Ill
Page 57

NL1
222 South Ave
Aurora Ill
Dec. 24, 1914.
Revolutionary War Dept.
Dear Sirs:
Since Mrs Carl Grometer, Mrs. Ida Strossman & myself wish to join the D.A.R. please send me three copies of Joseph Stark's record 
Born 1750 at New London Conn
Married 1777 to Phoebe Pitney
Died 1841 Oppenheim, N.Y.
Respectfully yours
(Miss) Marion R Strossman
Page 58

Alabama
Cullman July 6th 1914
Mr. G.M. Saltzgaber-Commissioner
Dear Sir I received your letter dated 30th June in regard to my Ancestor. Joseph Stark he was a pensioner he enlisted in New Jersey -- a private in Capt John Outwaters Company New Jersey state troops-
Page 59

as near as I can get his record he was born 1757 I am not sure of his age he died in Oppenheim New York 1840 March - his Widow given Name Phebe-I am very thankfull to you for your Kindness - hoping to hear from you soon
Respectfully
Mrs W E OBrien
Page 60

[circular stamp]
U. S. PENSION OFFICE
D
JUL 9 1914
Page 61

[left facing page]
1914. July 17. Hist to
Mrs. W.E. O. Brien FW
1915. Jan. 2. Hist. to
Miss Marion R. Dtrossman
1915 June 4, Hist to
Helene F. Daily. FW
1934 Nov 7 Hist to Miss
Helen Willin- MLB

[right facing page]
[lined out "Act of July 14, 1862, and March 3, 1878."]
[stamp] REJECTED
10070
P.O. Phebe Stark
Service: [blank]
Enlisted: [blank], 18__
Discharged: [blank], 18__
Application filed: [blank], 18__
Alleges: [blank]
Re-enlisted: [blank]
Attorney: [blank]
P. O. [blank]
 [blank] Recognized.  [blank] Contra
 [blank] Cert. of Dis. Searched for[blank], 18__
Page 62

7. Ewing Nov 24/
Rejected: Husband lived after 7 July '38 & she died before 3 March 1857
Page 63

Phebe Stark wid.
of
Joseph Stark, died
Rev Pension Claim
under act 7th July 1838
N. Y Suspended
Rell
Power of atty to J.S. Austin
I desire to her his papers filed in this case
J.G. Austin
atty
227
July 11/53 Present
Page 64

Know all men by these presents, That I A J Lyon of the County of Allegany and State of New York have constituted and appointed, and by these presents do constitute and appoint, THOMAS EWING, Jr., of Washington City, my true and lawful attorney irrevocably [lined out "for me and in my name to receive from the United States, all sum of money as may be due me on account whatsoever,"] under me and by my authority, as the duly appointed and sole attorney of Phoebe Stack widow of Joseph Stark, to present her claim for a pension under the act of 7th July 1858 and to receive and remit to me such pension Certificate as may be issued. and in my name to execute such receipts and acquittances for same as may be necessary, and generally, to do all lawful acts and things touching the premises; and an attorney or attornies (sic) under him for the purposes aforesaid, to make and at his pleasure to revoke, hereby  confirming all and whatsoever my said attorney shall lawfully do or cause to be done in the premises, by virtue of these presents.
In testimony whereof, I have hereunto set my hand and seal this 23 day of Jan. 1852.
[signature] A Lyon

State of New York}
County of Allegany} to wit:
On this 23 day of Jan. 1852, A J. Lyon personally appeared before me a Justice of the Peace in and for the County aforesaid, and acknowledged the above power of attorney to be his act and deed for the purposes therein expressed.
[signature R,V, Haning J.P.

State of [blank] }
County of [blank] } to wit:
I HEREBY CERTIFY, That [blank] Esq., before whom the above acknowledgment was made, and who has hereunto subscribed his name, was at the time of so doing a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the [blank] Court, for the County
aforesaid, this [blank] day of [blank] 185_.
Clerk.
Page 65

Washington D.C. Sept 16, 1857
Sir:
I beg leave to call your attention to the claim of the Heirs of Phoebe Stack of New York under the act of 1838 for a revolutionary pension-- She was the widow of Joseph Stack a pensioner under the Act of 1832.
The objections contained in the reports to the allowance of the claim of her heirs would seem to have been removed to the satisfaction of the office by the following note made by the examiner among, or in the papers "Admit the case as soon as objection as to the death of the widow after 7th July 1838 is removed"
Since the date of that entry the affidavit of Nathan M. Avery who made the coffin in which Mrs Stack was buried has been filed; which in connection with the affidavit of Phoebe Failing and Anna Helmick, fully remove that objection and render the claim admissible-
I have a power of Atty for A. J. Lyon to receive the pension certificate, which relates to another case and is filed with it -  I will refer you it when this case comes up for consideration
Very Respectfully
Your Obd Svt
[signature] Tho. Ewing Jr.
To the Comm'nr of Pensions}
Page 66

Rushford, N.Y. Dec. 20. 1850
Sir, Enclosed I send you additional evidence in support of the claim of the heirs of Joseph and Phoebe Stack, under the act of 7th July 1838. This claim was presented many years ago under the act of 1836 (July 4th) and has been shifted to the act of Congress first above written. Are not the heirs entitled to a pension from the 4th of March 1836?
Very Respectfully Yours
[signature] A J Lyon
Hon. Mr. Heath, Com'r of Pensions
Page 67

State of New York}
County of Allegany} SS: On this 16th day of December A.D. 1850 personally appeared before me, a Justice of the peace in for said County Nathan M. Avery a resident of the town of Hume in the County & State aforesaid aged fifty years being duly sworn by me according to Law doth on his oath depose & say that he is the person who made the coffin for Phebe Starks who died at at (sic) the town of Hume aforesaid on the 12th day of March A.D. 1844. That he knows by reference to Books kept by him that the death took took (sic) place on that day. That said coffin was made on the 13th day of March 1844 - and further saith not
[signature] Nathan M Avery
Subscribed & Sworn before me this 18th day of December A.D. 1850
[signature] E. E. Hardy
Justice of the peace
I hereby certify that I am personally acquainted with Nathan M. Avery the person who made & subscribed the foregoing affidavit and that he is a man of truth & veracity
[signature] E. E. Hardy
Justice &c
Page 68

STATE OF NEW YORK,}
ALLEGANY COUNTY CLERK'S OFFICE,} SS. I, John J. Rockafellow, Clerk of said County, and of the Courts thereof, do hereby certify, that E E Hearding Esq. before whom the annexed Instrument in Writing was proved or acknowledged ^or affidavit taken^, was at the time of taking such proof or acknowledgment ^or affidavit taken^, a Justice of the Peace in and for said County, duly authorised to take the same. And that I am well acquainted with his hand-writing, and verily believe that the signature to said Certificate of proof or acknowledgment ^or affidavit taken^ is genuine, and that said instrument is executed and acknowledged according to the Laws of this State.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at Angelica, in said County, this 18, day of Dec. 1850.
[signature] John J. Rockefellow Clerk of Allegany County
Page 69

State of New York}
County of Allegany} SS: On this 16th day of December A.D. 1850 personally appeared before ^me^ the undersigned a Justice of the peace in & for the County aforesaid duly authorized by law to administer oaths - Susanna Flansburgh a resident of the town of Machias in the County of Cattaraugus & State aforesaid aged Eighty years, and being by me duly sworn according to law doth on her oath depose & say that she is well acquainted with Joseph and Phebe Starks, that she has been acquainted with them for about forty years past. That her first acquaintance with them was about the year 1810. They were then living in the town & Oppenheim in the State of New York They were then living together as husband and wife in the neighborhood of this deponent. That they had a family of children. That their oldest child nord (sic) Anna Helmick was woman grown and was six or seven years older than deponents oldest child. and that deponents oldest child was born on the 7 day of November A.D. 1788 and is now of the age Sixty two years. And that said Joseph Starks was a pensioner of the United States And further says not
[signature] Susanna her X mark  Flansburgh
Subscribed & Sworn this 18th day December A.D. 1850 before me}
[signature] E. E. Harding
Justice of the peace
Page 70

I hereby certify that Susanna Flansburgh the person who made [lined out "the"] & subscribed the last foregoing affidavit is unable to write her name on account of never having learned to write - and I further certify that I believe her to be a person of truth & veracity, from report
[signature] E. E. Harding
Justice of the Peace
Page 71

A L. Lynn [A. J. Lyon]
15 Oct 1850
Page 72

279
Pension Office
15 October, 1850
Sir:
The additional evidence forwarded by you in the case of Phebe Stark has been received. It does not remove the objections hitherto entertained against it. The parties who attempted to prove that her marriage occurred before 1794 were themselves born long since that time, The principal witness is directly interested in the result. He swears to the date of her death from inspection of the books of the coffin maker. It was the affidavit of the coffin maker himself in that point which was required in my letter to you of the 12 November last
A. J. Lyon Esq
Rushford
N. Y.
Page 73

admit under Act 38 so soon as objection as to death after 7 July
1838 be removed.
Page 74

Rushford, N.Y. March 7 1850
Sir,
Enclosed you will find additional evidence in the claim of the him of Joseph and Phebe Starks under the Act of July 7th 1838. You will see by reference to evidence already on file, that the relation of Husband and wife must have existed ever since the close of the revolutionary war. I am well acquainted with Anna Helmick and Phebe Failing the only two surviving heirs of the said Joseph and Phebe Starks and they are old grey headed people and have and [lined out "grand"] children and grand children, and are older than myself, my own age is upwards of sixty-
Very respectfully your
obedient Servant
[signature] A J Lyon
Hon J.L. Edwards
Page 75

State of New York Allegany County} SS.
On this 26 day of March 1850. Personally appeared before me the undersigned a Justice of the Peace of the County aforesaid Lester H Sweete a resident of the Town of Hume In said County aged thirty Eight years and Being by me duly sworn according to law Doth on his oath depose and say that he has been acquainted with Joseph and Phabby [Phebe] Starks from his earliest recollection that the said Joseph & Phebe wer (sic) Living together as Husband and wife at Oppenheim in The County of Montgomery State of N.Y. as Early as the year 1820 that their family then consisted of three children three daughters Anna Phebe & Rachel the said Anna was Then married to Isaac Helmick and had Eight children and [lined out "at this] that the said Anna is now living and is of the age of Sixty five or upwards and the said Phebe [lined out "Frail Failing] Then [lined out "Now"] Phebe Failing was married and had six Children and is now a Lady of about the age of sixty and this Deponant (sic) married the Oldest Daughter of the said Phebe Failing in the year 1838 who was of the age of Twenty seven years and the said Phebe Failing was the youngest Child of Joseph & Phebe Starks Both deceased with the Exception of the said Rachael who died some Twenty years since
And This Deponent further swears that the said Phebe Starks Died at the House of this Deponant (sic) on the 12th day of March 1844 That He knows that it was on that day by referance (sic) To the Books of Geo H Sweet when he purchased The Grave cloths
Page 76

and by other circumstances, such as purchasing The coffin at N M Avery which ^was charged^ to him at that date and further this Deponant (sic) says not
[signature] Lester H. Sweet
Sworn and Subscribed the day and year above written Before me
[signature] John M Hammond} Justice of Peace
I Hereby Certify that I am personally acquainted with L H Sweet and that he is a person of truth and veracity and his statements entitled to full credit
[signature] John M Hammond} JP
State of NY}
Allegany Co} SS Personally appeared before me Geo H Sweete of the Town of Hume Allegany County and being by me duly sworn according to Law Deposeth and says that he is of the age of forty years that He fully corroberated (sic) the facts set forth In the above affidavit of Lester H Sweete and That He is the person refused to in the above affidavit and that he finds by Examining Books Kept by him that the grave cloths of said Phebe Starks was charged on his Books delivered To his Brother the said Lester H Sweet on the 13th day of March 1844 and further this deponent saith not
[signature] George A. Sweet
Sworn and Subscribed this 26th day of Feb 1850 before me
[signature] John M Hammond} Justice of Peace
I Hereby Certify that I am well acquainted with Geo H Sweet who made the above affidavit before me that he to a Person of Truth and veracity
[signature] John M Hammond} JP
Page 77

State of New York}
Allegany County Clerks Office SS}
I John Rockafellow Clerk of said County do hereby certify that John M Hammond Esquire before whom the foregoing affidavits purports to have been taken was at the date of the same Justice of the Peace in and for said County duly elected & Sworn and duly authorized to take the same
And further that I am well acquainted with his hand writing and verily ^believe^ his name Subscribed to said Affidavits to be his proper
hand writing
Witness my hand and the Seal said of said County this 5th day of March A.D. 1850
[signature] John J. Rockland Clerk
Note the word "believe" in the foregoing Certificate interlined by me
[signature] J.J. Rockland Clerk
Page 78

A. J Lyon Esq
12 Nov 1849
Page 79

233
Pension Office
June 12th 1849
Sir
The declaration under the act of 7 July 1838 in the case of Phebe Stark and Widow of Joseph Stark has been received and filed with her ^other^ papers under the act of 4 July 1836
The evidence now filed does not show with the requisite certainty that these parties were married prior to 1794 and some proof more satisfactory as to the date of Mrs. Stark's death is required. The affidavit of the coffin maker or Minister who officiated at her funeral or the Physician who attended her in her last illness should be [illegible] to establish ^[illegible]^ the date of [lined out "that"] Mrs Starks, death
A.J. Lyon Esq.
Richford
NY
Page 80

Rushford, N. York Sept. 11, 1849
Sir, Enclosed I send you a declaration of Mrs Phobe Failing for increase of pension due her mother, Phobe Stark widow of Joseph Stark under the act of July 7th 1838. The said Phebe Stark, mother of Phebe Failing had a claim in your office, pending at the time of her death, which claim has since been used by the heirs of the said Phebe Stark, under the act of July 6th 1836. To which papers I respectfully refer you for proof in support of this claim. 
Hoping that sufficient evidence will appear from the papers on file to entitle the heirs to a pension under the act of July 7th 1838
Respectfully Yours
A J Lyon
Page 81

164
Pension Office
January 19 1848
The Affidavit of Benjamin Churchill in the case of Phebe Starke dec'd and of Joseph Starke does not a establish the date of their marriage with the certainly required by the regulations
To establish this claim under the act of 4 July 1836, record or documentary evidence of witnesses based on the testimony of witnesses based upon [lined out illegible] memoranda made at the time of the date of their marriage will be required. This witness has known them but about 40 years which is not at all sufficient to show that they were married in 1777
L. B. True Esq
Present.
Page 82

Washington Dec 9"/47
The Commissioner of Pensions
is hereby very respectfully requested to furnish the undersigned agent in this claim, full information of whatever objections exist against the admission of this claim
Enclosed is an additional Deposition relative to marriage. The Commissioner will please to state
the particulars of the evidence
of Marriage, filed in this
case and ablige
Very respectfully yr 
Obedient Servant
L. B. True

Col. J. L. Edwards
Commiss'r of Pensions
Page 83

State of New York }
Fulton County} SS  On this 25th day of October A.D. 1847. personally appeared before me Peter W Plantz, a Justice of the peace in and for the County aforesaid Benjamin Churchill aged Eighty two years last past, who being duly sworn according to law doth depose and say, that he was well acquainted with Joseph Stark a pensioner of the United States recently; and Phebe his wife both late of the town of Oppenheim in said County & that deponent became acquainted with the said Stark & wife upwards of forty years ago, that he remembers it from the fact of his moving the said Stark and Phebe his wife together with their family consisting of two sons and three daughters in to said town about the time last above mentioned and that at the time and ever since the deponent became acquainted with said Stark and Phebe his wife they sustained the relation of man and wife and continued so to do up to the time of his death which took place at the house of Starks son in law Peter J Failing in said town about Eight or nine years ago as near as this deponent can recollect
[signature] Benjamin his X mark Churchill
Sworn and Subscribed before me this 25 day of October 1847
[signature] Peter W. Plantz Justice of the Peace
I hereby certify that I am well acquainted with the above named affiant and know him to be a respectable person and his statements entitled to full credit and belief
[signature] Peter W. Plantz Justice of the Peace
Page 84

State of New York}
Fulton County Clerk's office}
I Stephen Wait Clerk of said County do hereby certify that the within named Peter W Planz before whom the within affidavit of Benjamin Churchill purports to have been taken, was at the date & time of taking the same a Justice of the peace in & for said County dwelling in said County and duly & legally authorized to act as such Justice and further that I am well acquainted with the hand writing of said Justice and verily believe that his name subscribed to Jurat of the within affidavit and to the certificate following the same is his genuine hand writing---In Witness whereof I have hereunto set my name and affixed the seal of said County & of the several Courts thereof this 6th day of November AD 1847
[signature] S. Wait Clerk
Page 85

Nathan Leake
July 10, '40
Page 86

199
Pension office,
July 10, '40
Sir,
The papers forwarded by you in the case of Phebe Stark, dec'd have been examined and filed.
While Mrs Stack was alive she was informed that her claim could not be allowed until she furnished satisfactory evidence of the date of her marriage. This has not yet been done, and
consequently, the claim is still rejected.
Nathan Leake, Esq.
Present
Page 87

3618
[initials, illegible]
[lined out "ltr  to John [illegible] June 24, 1832
" "  " Sept 5, 1842
" " ltr Wd Hubble Feb 3 1844
" " Nathan Leake July 10 '46 "]
Act 4 July 36
Page 88

Phebe Stake
NY
[lined out "Ltr to John William June [illegible]
" " do do Sept [illegible]
" " Hon W [illegible] febry
" " Nathan Leake [illegible]
" " [illegible]
" " [illegible]
" " [illegible] "]
Act 4 July 1836
Page 89


Washington May 12th 1846
Sir
I enclose you the declaration of Mrs Phebe Failing daughter of Mrs Phebe Stark ^dec'd^ (a claimant for pension under the act of 4th July 1836) shewing the names of the children & the time of the death of her mother, the date of the marriage appears not to have been proved altogether satisfactory to the department, as no record proof is found, it is hoped however that it will be found altogether sufficient to pension
her under the laws of '3/, '42, '43 & '49--
I am Sir Very Respectfully
[signature] Nathan Leake