Revolutionary War Pension and Bounty Land Warrant Application File W. 22,913, Timothy Day, N.H. Vt.
Page 1

(3-1776)

SERVICE
N.H.
Vt.

Day, Timothy
Judith

NUMBER
W. 22,913

CONTENTS
Page 2

See letter to Mary Marshall, June 14. 1837
Page 3

6620
New Hampshire
Timothy Day
of Efield (Enfield) in the State of NH who was a private in the company commanded by Captain Richardson of the ____ commanded by Col Bedel in the New Hampshire line for 2 years

Inscribed on the Roll of New Hampshire at the rate of 80 Dollars --- Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 5th day of March 1833 and sent to H H Hubbard H. Re. [House of Representatives]

Arrears to 4th of March 1833  160.00
Semi-anl. allowance ending 4 Sept  40.00
(total)  $200.00

Revolutionary Claim, Act June 7, 1832.

Recorded by Daniel Boyd Clerk
Book D Vol. 1 Page 130
Page 4

5972
New Hampshire
Judith Day decd
widow of N. H. Timothy Day who served in the Revolutionary war, as a Private

Inscribed on the Roll at the rate of 57 Dollars 22 Cents per annum, to commence on the 4th day of March, 1848. Ending 3 May 1848.

certificate of Pension issued the 14th day of Augt. 1852 and sent to Evans & Fant Present 

Recorded on Roll of Pensioners under act February 2, 1848, Page 69 Vol. 1
Page 5

Declaration 
In order to obtain the benefit of the act of Congress of the 7th July 1838 entitled "an act granting half pay and pensions to certain widows"

State of New Hampshire County of Grafton ss
On this 15th day of August AD 1838 personally appeared before me David C Churchill one of the Judges of the Court of Common Pleas within and for the County of Grafton and State aforesaid Judith Day a resident of Enfield in the County of Grafton and State of New Hampshire aged 71 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 passed July 7, 1838, entitled "an act granting half pay and pensions to certain widows" That she is the widow of Timothy Day who was a private in the war of the Revolution. She does not know the time when or place where her said husband served nor the officers under whom he served but her said husband was a United States Pensioner under the act of Congress of June 7 1832, he resided in said Enfield in the County & State aforesaid when he applied for a pension and was placed on the pension Roll of the New Hampshire Agency and received eighty Dollars per annum and she respectfully refers to his declaration & the testimony furnished by him in support of his claim to a pension all which she supposes are in the files of the war department.

 She further declares that she was married to the said Timothy Day on the eleventh day of September in the year seventeen hundred and eighty six (at Sandown N.H.) That her husband the aforesaid Timothy Day died on the tenth day of April eighteen hundred thirty seven. That she was not married to him prior to his leaving the service but the marriage took place previous to the first day of January seventeen hundred ninety four viz at the time above stated
Judith Day X her mark

Sworn to and subscribed on the day and year above written before me
D. C. Churchill J. C. C. Pleas
Page 6

I hereby certify that the written applicant can not from bodily infirmity attend Court
D. C. Churchill J. C. C. Pleas
Page 7

I Samuel S Day of Enfield N.H. aged (51) fifty one years depose and say that Timothy Day late of Enfield in the County of Grafton and State of New Hampshire deceased was a Pensioner of the United States under the act of Congress of 1832. I further say that the said Timothy Day died on the tenth day of April eighteen hundred and thirty seven I was present at his funeral. I further say that the said Timothy Day left a widow Judith Day who is now living and is now in my presence and the said Judith Day has remained a widow ever since the death of the said Timothy Day. I further say that said Tinothy Day was my father and the said Judith Day is my mother.
Samuel S Day

State of New Hampshire Grafton County ss. Enfield August 15th 1838
Then Samuel S Day personally appeared and made solemn oath that the above affidavit by him subscribed is true before me and I further certify that said Saml. S Day is a credible witness
D. C. Churchill Jus Peace

I Thomas Merrill of Enfield in the County of Grafton and State of New Hampshire aged 37 years depose and say that I have always resided in said Enfield and have been acquainted with Timothy Day late of said Enfield deceased and Judith Day once the wife and now the widow of said Timothy Day ever since I can remember. I further say that said Timothy Day was a Pensioner of the United States under the act of Congress of 1832 and that he died in the spring of the year 1837 - and I further say that Judith Day the widow of said Timothy Day is now living and is in my presence and that she has remained a widow ever since the death of said Timothy Day.
Thomas Merrill

State of New Hampshire Grafton County ss. Enfield August 15 1838. Then Thomas Merrill personally appeared and made oath the above affidavit by him subscribed is true before me. And I further certify that said Thomas Merrill is a credible witness
D. C. Churchill Jus: Peace
Page 8

State of New Hampshire Grafton ss.

I Nathan B Felton, Clerk of the Court of Common Pleas for said County of Grafton, hereby certify that David C. Churchill, whose name is subscribed to four certificates on the preceding pages of this packet was on the 15th day of August last past & still is, a Judge of said County & an acting Justice of the Peace for said County & that his name so subscribed is, in each case aforesaid, his genuine signature.

In testimony whereof I have hereunto set my hand & affixed the seal of said Court the 12th day of September AD 1838
N.B. Felton Clerk
Page 9

State of New Hampshire
Secretary of States Office

I hereby certify the within named Robert Shirley Jr. is a Justice of the Peace for the County of Rockingham duly qualified and his signature as such is genuine.

In testimony whereof I have this 24th day of Sept Anno Domini 1838 caused the seal of the state to be hereunto affixed.

J. Whipple Dept Secy
Page 10

Application of 1682
Judith Day~
Wid of Timothy
N St. Act 7 July '38

M 8 6.d 37~

now died 23rd May '48
Page 11

State of New Hampshire
Rockingham Ss} Town Clerks Office,
Sandown, NH. September 3, 1838

Timothy Day and Judith Webster both of Hampstead were married September the eleventh day seventeen hundred and eighty six by Rev. Samuel Collins.
[signed] Josiah Hoit, Town Clerk.

I Josiah Hoit do hereby certify that the above is a true copy of record with the exception of the date which is expressed on the record in full legible figures as follows.
Timothy Day and Judith Webster both of Hampstead were married September 11, 1786 by Rev. Samuel Collins.
Isiah Hoit, Town Clerk,
I Josiah Hoit above named depose and say that I hold the office of Town Clerk in the County town and State aforesaid and that the above is a true extract from the records of said marriage with the exception above named as certified by me.
Josiah Hoit, Town Clerk

State of New Hampshire
Rockingham Ss.
Chester September 3rd, 1838.
Then the said Josiah Hoit Town Clerk of Sandown made solemn oath to the truth of the above as by him subscribed, 
Before me, Robert Shirley Jr Justice Peace.
Page 12

Judith Day of NH dec.d [deceased]

Claimant under the Act of the 2nd Feb. 1848 and Joint Resolution of July 1, 1848-

Elizabeth Days declaration
Page 13

Declaration

In order to obtain the benefits of the Act of Congress of 2nd of February 1848 - entitled " An Act making further provisions for surviving widows & soldiers of the Revolution".
State of New Hampshire}
County of Grafton Ss.}

On this 11th day of December 1848, personally appeared before the subscriber a Justice of the Peace, in and for said County, Elizabeth day a resident of Enfield in the County of Grafton  aforesaid aged 57 years- who being first duly sworn according to Law, doth on her oath make the following declaration in order to obtain the benefits of the provision made by the Act of Congress passed on the 2nd of February 1848, granting pensions to widows of persons who served during the Revolutionary War, that she is one of the eight surviving children of Judith Day who was the widow of Timothy day late a New Hampshire Pensioner of the United States - in whose right she claims for herself and the seven other children of the said Judith Day deceased whose names are Samuel S. Day, David Day, Ezra Day, Abiah Day, Judith Washburn, Susan Follansbee and Nancy Emmons the benefit of the said Act together with the benefit of the Joint Resolution approved July 1, 1848 entitled "A Joint Resolution relative to evidence in applications for pensions"- under which in the right of her late mother and in behalf of the seven other children aforesaid, she claims a pension
Page 14

from the 4th of March 1848 to the 3rd day of May 1848 the day of her death at the same rate per annum that her late husband the said Timothy Day received in his lifetime to wit at the rate of eighty dollars per annum to which she believes she was entitled under the provisions of said Act and the Joint Resolution approved July 1, 1848 as aforesaid-
She the said Elizabeth further declares that her mother the said Judith Day was the widow of the said Timothy Day on the 4th day of March 1848 and continued so to be to the day of her death which took place on the 3rd day of May 1848- that she had at the Pension Office at the time of her death a suspended claim to a pension under the Act of the 7th of July 1838 and subsequent Acts of March 3rd 1843 and June 17, 1844 to which said declarant has made a claim in conformity to the Joint Resolution aforesaid approved July 1, 1848~
[signed] Elizabeth Day

Sworn and subscribed on the day and year above written.
Before William C. Smith
Justice of the Peace

I further certify that the above declarant is personally known to me -
[signed] William C. Smith
Justice of the Peace
Page 15

STATE OF NEW HAMPSHIRE.
Office of Secretary of State.

I, Thomas P. Treadwell, Secretary of State aforesaid, do hereby certify, that William C. Smith is an acting Justice of the Peace, in and for the County of Grafton-
duly commissioned and qualified, and duly authorized by the Laws of said State to administer Oaths, take the acknowledgement of Deeds, etc. His Commission was dated on the third day of July, 1847 and will expire on the third day of July 1852 and his signature, as such, to the annexed instrument is genuine.

Given under my hand and the Seal of the State, this 12th day of December, 1848.
[signed] Thomas P Treadwell,
 Secretary of State.
Page 16

Timothy Day Declaration

Efield (Enfield)

Private

2 years
$80.00
Annum.

Richardson, Bedel

Hon. H. Hubbard
HR [House of Representatives]
Page 17

DECLARATION.

In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State of New Hampshire,}
County of Grafton} ss.

On this 18th day of July 1832 personally appeared before the Judge of the Court of Probate, now sitting in said County Timothy Day a resident of Enfield in the County of Grafton and State of New-Hampshire, aged 75 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 regiment of the New Hampshire line, under the following named officers: Luther Richardson was his Captain - Enoch Hall Lieutenant- Timothy Bedel Colonel- His place of residence when he enlisted in the month of March 1778 was Northumberland in the State of New Hampshire- where he was stationed with others as a frontier guard and assisted in building two forts and was discharged at the end of two years from his first engagement at said Northumberland-

He hereby relinquishes every claim 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.
Sworn to and subscribed the day and year aforesaid.
Before [signed] Edward Webber Judge of Probate
[signed] Timothy Day

And the Judge of the said Court does hereby declare his opinion, that the above named applicant was a revolutionary soldier, and served as he states.
[signed] Edward Webber Judge of Probate

I Moses Dow Register of said Court- do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Timothy Day - for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this eighteenth day of July A.D. 1832~
Moses Dow
Page 18

I Timothy Day, the within named declarant depose and say that the following interrogations have been put to me by the Hon. Frederick A. Sumner Esquire, a Justice of the Peace and of the Quorum throughout the State of New Hampshire in reference to my claim to a Pension for Revolutionary services.
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 as Continental Offcrs & Militia regiments as you can recollect and the general circumstances of your service.-
6. Did you ever receive a discharge from the service; and, if so, by whom was it given and what has come 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 your city and their belief of your services as a soldier of the Revolution-
To the above interrogatories, I do on oath make the following answers and statements - I was born at Cape Ann Massachusetts on the 23rd day of August 1756- I have no record of my age- I lived at Northumberland N.H. when called into service, and in the manner stated in the within Declaration- After the close of the Revolutionary War I removed to Hampstead N.H. and from there removed to Enfield N.H. where I now live and have lived for the space of Forty three years past- I enlisted into the service as within stated and was acquainted with no other officers than those whom I served- During my two year services within stated I was for a portion of the time engaged in building or assisting to build two Forts at said Northumberland. Was also personal times out on scouting parties- was once at the River St. Francis in Canada and frequently crossed the Connecticut River into what is now Vermont. I did not receive a written discharge- And I lastly state that I am known to the Reverend Dana Clayes of Plainfield and John Bryant of said Plainfield who can testify as to my character for veracity and their belief of my services as a soldier of the Revolution. I further depose and say that I have no documentary evidence of my services within named and that I know of no person whose testimony I can procure who can testify to the same-
[signed] Timothy Day

State of New Hampshire}
Sullivan Ss} Plainfield February 22nd, 1833
Sworn & subscribed-
Before me Frederick A. Sumner Justice of the Peace & Quorum throughout the aforesaid

We Dana Clayes residing in Plainfield and John Bryant residing in the same Plainfield hereby certify that we are well acquainted with Timothy Day who has subscribed and sworn to the declaration: that we believe him to be of the age stated- that he is reputed and believed within the neighborhood where he resides whose been a soldier of the Revolution and that we concur in that opinion. 
[signed] Dana Clayes
[signed] John Bryant

Sworn and subscribed the day and year aforesaid.
Before me Frederick A. Sumner} Justice of the Peace & of the Quorum throughout the State
Page 19

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.

State of New-Hampshire,}
County of Sullivan} SS.

On this 22nd day of February 1833, personally appeared in open Court, before the Judge of the Court of Probate, now sitting, Timothy day a resident of Enfield in the County of Grafton and State of N. H. aged 70 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated:
In the month of March 1778 he enlisted for one year in Capt. Luther Richardson's Company of Col. Timothy Bedel's N. H. line regiment, where he served accordingly; & at the expiration thereof again enlisted for anther year; in the same company & regiment & served out his second engagement~ Was stationed during said two years as a frontier guard at Northumberland in the State of New Hampshire & there assisted in building two forts, & was out as many as six times scouting; Once went as far as St. Francis River in Canada, & several times crossed the Connecticut, & was discharged at said Northumberland in March 1789 after having served two full years~ In reply to the several interrogations put to him he further states that he was born at Cape Ann Massachusetts on the 23rd day of August 1756~that he has no record of his age-  that he was living at Northumberland aforesaid when called into service as aforesaid, & that he has since lived for the most part in Enfield N. H. where he now lives & that he enlisted into the service as above stated~ Names no other officers than those under whom he served, & repeats the above as the general circumstances of the service. That he did not receive a written discharge~ that he has no document evidence, & that he knows of no person who was engaged with him whose testimony he can procure in proof of his service~ And that he is known to the Rev. Dana Clayes of the adjoining parish of Meriden in Plainfield & John Bryant Esquire of said Plainfield who can testify as to his character  for veracity, and their belief of his services as a soldier of the Revolution. He lastly states as a reason for making this declaration in the County of Sullivan instead of that of Grafton where he resides, that he lives within two miles of the County of Sullivan & being in a weak & (illegible) state of health it is  on that account much & is most convenient.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State,
[signed] Timothy day
Sworn to and subscribed, the day & year aforesaid.
Frederick A. Sumner Judge of Probate

We, Dana Clayes residing in Plainfield and John Bryant residing in Plainfield hereby certify, that we re well acquainted with Timothy day, who has subscribed and sworn to the above declaration; that we believe him to be 76 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.
[signed] Dana Clayes
[signed] John Bryant

Sworn and subscribed the day & year aforesaid.
Before me~ Frederick A. Sumner Judge of Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court certifies, that it appears to them that Dana Clayes who has signed the preceding certificate, is a Clergyman, resident in the same Plainfield and that John Bryant Esq. who has also signed the same is a resident in the same Plainfield and are credible persons, and that their statement is entitled to credit.
[signed] Frederick A. Sumner Judge of Probate

I, Aaron Nettleton Jr. Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Timothy day for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 22nd day of February 1833
[signed] Aaron Nettleton Jr., Register Probate
Page 20

21884
Copy of Record
on Timo [Timothy] Day's
application for
Pension
Page 21

Original Claim.

Declaration in order to be placed on the pension list under the act of 18th March 1818.

County of Sullivan SS.

On this seventeenth day of August 1831 personally appeared in open Court being a Court of Record  for the County of Sullivan in the State of New Hampshire, Timothy Day, resident in the County of Grafton, New Hampshire, aged seventy four years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the Acts of Congress of the 18th March 1818; and the first of May 1820; that he the said Timothy Day enlisted for one year, according to his best recollection in the month of April 1778, (but the particular day he cannot now fix upon) in the State of New Hampshire in the Company commanded by Captain Luther Richardson in the Regiment commanded by Colonel Timothy Bedel, in the line of the State of New Hampshire, on the continental establishment , as it was then understood; that he continued to serve in said corps upwards of nine months, and was discharged therefrom and enlisted into another Company before the expiration of the full year in the month of February 1779 in Northumberland New Hampshire: that he hereby relinquishes every claim whatever to a pension except the present; that his name is not on the roll of any State except New Hampshire; and that the following are the reasons for not making earlier application for a pension, first because till of late he has been able by his earnings and the assistance of his connexions (connections) to support himself, and secondly he has not till lately been able to procure the necessary proof of service.
And in pursuance of the Act of the 1st May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818, and that I have not since that time, by gift, sale, or in any manner disposed of my property, or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled "an act to provide for certain persons
Page 22

engaged in the land and naval service of the United States in the Revolutionary War" passed on the 18th day of March 1818, and that I have not, nor has any person in trust for me any property or securities, or debts due to me, nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed.

1 Wooden Clock 7.50
1 shovel & tongs 1.00
1 pewter platter 1.00
Lot tin ware 2.00
1 lot crockery ware 1.50
2 three year old heifers 24.00
1 two year old heifer 12.00
1 sow & two pigs 12.00
1 note of hand against
Mary M. Dyer July 20, 1831
for 1 lot hay 27.00
1 pr. hand dogs [aka kitchen dog] 1.00
1 sad iron [cast iron] .42
1 pr. steel yards [scales] .50
4 earthen milk pans .50
1 cow 15.00
================120.42
[signed] Timothy Day

My occupation has been that of a common laborer, which I am less able to pursue than formerly. I have in family residing with me, my wife aged 64 years enjoying a good degree of health, and two daughters, Betsey aged 41 years a weak and feeble person and Abiah aged 31 years, an invalid, depending entirely on me for support.
Sullivan, Court of Common Pleas 
August 7 (17th) 1831 Sworn to
Page 23

and declared on the 17th day of August A.D. 1831. before me in open Court.
B. B. French [Benjamin Brown] Clerk

I, Benjamin B, French, Clerk of the Court of Common Pleas, within and for the County of Sullivan in the State of New Hampshire do hereby certify that it appears to the satisfaction of the Court that the said Timothy Day did serve in the Revolutionary War as stated in the preceding declaration against the common enemy for the term of nine months under one engagement on the continental establishment. I also certify that the foregoing oath and the schedule thereto annexed are truly copied from the records of the said Court; and I do further certify that it is in the opinion of the said Court that the total amount in value, of the property exhibited in the aforesaid schedule is one hundred and twenty dollars and forty two cents.
I testimony whereof I have hereunto set my hand and affixed the seal of said Court, using no particular devices on this seventeenth day of August 1831.
[signed] B. B. French Clerk
Page 24

Augt 28/52

Rel: to case of
Judith Day dec'd
widow of Timothy
=============
Evans & Fant
Present

Kirby [written upside down]

Comm of Pensions [written vertically]
Page 25

11. 370
New Hampshire-
Judith Day deceased
widow of Timothy
who died on the [BLANK]
of [BLANK] in the State of [BLANK]
who was a priv in the [BLANK] commanded
by Captain [BLANK] of the [BLANK] commanded
by [BLANK] in the [BLANK]
line for Revolution
=================
Inscribed on the Roll of Concord
at the rate of 57 Dollars 22 Cents
per annum, to commence on the 4th day of
March, 1836.
=================
Certificate of Pension issued the 14 day of
Augt. 1852 and sent to Evans & Fant
Arrears to the 4th of [BLANK]
Semi-annual allowance ending (illegible)

{Revolutionary Claim,}
{Act July 7, 1838.}

Recorded by R. McRae Clerk,
Book D Vol. 1 Page 27
Page 26

Washington, May 1, 1852.

Sir,
We are authorized by Mr. J. Bryant of Meriden N.H. to call up the case of Judith Day, widow of Timothy. It appears that Timothy Day, was a pensioner at $80 per annum, under the Act of June 7th 1832. The Pension Office has agreed to allow for 8 months 5 days, but this has been declined, on the ground that the evidence is deemed sufficient to grant a full Pension.
Teagale Day, the widow of Eliphalet Day, who was the brother of Timothy, testifies to more than two years Service. I have understood that she was addressed by the two brothers, and hence the period and time of Service must have been impressed upon her mind.
James Lucas, who was the Pay Master of these troops, has testified to more than 9 Months Service.
Thomas Eames, testified to more than 19 months Service.
Page 27

John Durkee, a pensioner, testifies to two years Service and upwards.
Edward Spalding testifies to more than two years Service.-
There is a certificate from the Secy of State of Vermont for 5 Months and five days Service commencing 12th March 1780, in Lieut. Hall's Company.
This however could not have been all his Service, for Timothy Day testifies to Service from the Summer of 1779 to July 1781.
Durkee testifies to two years Service ending in 1787.
James Lucas, Pay Master, testifies to more than 9 months in 1778.
With this array of evidence, we feel persuaded that the widow must be allowed a pension of $80.  per annum.
Very respectfully
Evans & Fant

James E. Heath Esq.
Comm of Pensions
Page 28

3

Judith Day of N. H. dec'd Act 7th July 
1838 - & 3 subsequent Acts

Proof who used in her case-

certified proof of her death 
and that Lorenzo Day is 
Administrator upon her Estate-
Page 29

State of New Hampshire
County of Grafton SS}

I, Samuel Swasey, Register of the Court of Probate within and for said County, do hereby certify that at a Court of Probate, holden at Canaan within and for said County, on the 20th day of December 1848, before the Hon. Walter Blair, Judge of said Court, it was in evidence that Judith Day, formerly a resident of Enfield in said County, died at Canaan in said County on the third day of May 1848- That she was the widow of Timothy Day, late a New Hampshire pensioner of the United States, under the Act of the 7th of June 1832 at the rate of Eighty dollars per annum, for whose services she had long had a pending claim to a pension in the office of the Commissioner of Pensions at Washington, under the Act of the 7th July 1838 and subsequent acts, at the time of her death-
That she left eight children by the names of Samuel S. Day, David Day, Ezra Day, Elizabeth Day, Abiah Day, Judith Washburn, Susan Follansbee and Nancy Emmons, they being her children, and only surviving children, and are all still living.-
The testimony to the above points was satisfactory to the Court.-
And I further certify that Lorenzo Day has been duly appointed Administrator upon the Estate of Judith Day, aforesaid, deceased, and that he is now acting in that capacity.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court at Canaan, aforesaid, on this 20th day of December A.D. 1848.
[signed] Samuel Swasey Register of Probate
Page 30

Rev
WIDOW, &c.

File No. 22,913
Judith Day
Wid. of
Timothy Day
Priv. Rev. War

Act Feb. 2nd 1848
Index: Vol A, Page 172

[Arrangement of 1870.]
Page 31

Enfield N.H. Aug. 24, 1852

To the Hon. J. E. Heath, Commissioner of Pensions or}
the Hon. Alexander H. H. Stuart, Secretary of the Interior}

The subscriber, Administrator of the estate of Judith Day late of Enfield, N. H. dec'd, the widow of Timothy Day, who was a Soldier in the Army of the Revolution and a N. H. pensioner of the United States at the rate of Eighty dollars per annum under the Act of the 7th June 1832, acknowledges that he has been informed by Messrs. Evans & Fant that the claim in right of said Judith Day to a pension under the act of the 7th July 1838 and subsequent acts, has lately been admitted under their agency at the rate of $57.22 per annum, and the pension made payable to him as Administrator for the benefit of her children. That he has submitted the subject to them, or some of them, and in reference to which he has respectfully to say that they are not satisfied with the amount allowed, believing, as did their deceased mother, that their father, the said Timothy Day, rendered the service for which he claimed and was allowed. And so believing myself, and that there is proof of the same on file, I have returned the certificate to said agents praying a reexamination of the papers that have heretofore been filed in the case and particularly the depositions of Edward S. Spalding
Page 32

John Durkee, Tirzah Day and James Lucas. It is believed that upon a reperusal of the testimony of the latter it will be found that he stated that on the 1st of April 1778 a regiment under Col. Bedel was raised for one year and that Timothy Day engaged therein in the month of April 1778 and served nine months or more. Timothy Day first applied for a pension under the act of the 18th of March 1818 when proof of nine months continental service was deemed sufficient so far as service was concerned to admit a claim. The testimony of James Lucas was obtained to be used in support of that claim, which accounts for the expressions used by him of "nine months or more", and it is now believed that he could as well have testified one year or more, as to have expressed himself as he did. All are of opinion that Timothy Day made true declarations under the Acts of the 18th March 1818 and 7th June 1832. That his claim under the first of said acts was rejected for the reason that the Service was not regarded by the Department as Continental.
The subscriber would remark in conclusion that his belief is that the character of Timothy day for truth was undoubted, and that there is on file the certificate of the Selectmen of Enfield which goes to establish the same and to which with the other proofs he prays that reference may be had upon a further consideration of the claim and subscribes himself very respectfully.
Your obt.[obedient] Servt.[Servant]
Lorenzo Day
Administrator of the rights and estate of Judith Day
Page 33

3 

Judith Day of NH Dec'd
Act 2nd Feb 1848

certified proof of the time of 
her death & that Lorenzo Day
is Administrator of her Estate
Page 34

State of New Hampshire
County of Grafton SS.}

I, Samuel Swasey, Register of the Court of Probate, within and for said County, do hereby certify, that at a Court of Probate, holden at Canaan within and for said County, on the 20th day of December 1848, before the Hon. Walter Blair, Judge of said Court, it was in evidence that Judith Day formerly a resident of Enfield, in said County, died at Canaan in said County, on the third day of May 1848.- That she was the widow of Timothy Day, late a New Hampshire pensioner of the United States, under the Act of the 7th of June 1832, at the rate of Eighty dollars per annum, for whose services she had long had a pending claim to a pension, in the office of the Commissioner of Pensions at Washington, under the act of the 7th July 1838, and subsequent acts, at the time of her death. That she left Eight children by the names of Samuel S. Day, David Day, Ezra Day, Elizabeth Day, Abiah Day, Judith Washburn, Susan Follansbee and Nancy Emmons, they being her children and only surviving children, and are all still living. The testimony to the above points was satisfactory to the Court.
And I further certify that Lorenzo Day has been duly appointed administration upon the Estate of Judith Day, aforesaid deceased, and that he is now acting in that capacity.
In witness whereof I have hereunto set my hand and affixed the seal of said Court, at Canaan, aforesaid, on this 20th day of December A.D. 1848.
[signed] Samuel Swasey Register of Probate
Page 35

Lyme N.H. September 13th 1838

Sir

I am requested by the widow Judith Day to forward the accompanying papers in support of her claim to a Pension, for your examination and decision. There has been some delay in sending them on account of waiting for the proof of the marriage.

Very respectfully yours
[signed] D.C. Churchill ~

Hon. J. L. Edwards
Washington
D.C.
Page 36

Allow for the 8 mo (months) 5 dys (days) in 1780 and
for 9 months in '78 as certified to by Jas [James] 
Lucas & Eames~
Page 37

May 3rd 52
========
May 3/52
Rel: to case of
Judith Day
wid: of Timothy
=========
Kirby
Evans & Fant
Present
*written sideways
Comm. of Pensions
Present
Page 38

May 3rd 52
========
May 3/52
Rel: to case of
Judith Day
wid: of Timothy
=========
Kirby
Evans & Fant
Present
*written sideways
Comm. of Pensions
Present
Page 39

9. 260.
New Hampshire C
============
Judith Day died -
widow of Timothy
who was a private
in the Revolution
============
Inscribed on the Roll at the rate
of 57 Dollars 22
Cents per annum, to commence
on the 4th day of March, 1843.
============
Certificate of Pension issued
 the 14th - day of Augt '52
and sent to 
Evans & Fant
Mist.
=============
[Acts of March 3, 1843, & June
17, 1844.]
Recorded in Book A
Vol. 2 - Page 14
Page 40

Hon. H. Hubbard 14 May 1850
Jno [John] Bryant 24 July 1852

Act - 7 July 1838
Page 41

N. H.

Act D. C. Churchill Nov 29 '38
       D.C.  Churchill Jany 7 '39

John H. Sylvester Sept. 28, '44
do [ditto] to J. Bryant Sept 8, 1845

*REST IS ILLEGIBLE DUE TO DARKNESS OF DOCUMENT
Page 42

20884
============
Timothy Day
Act 18 March 1818
N. H.
============
(illegible) 1 Sept
1830 (illegible) letter to
John Bryant, Esq
Page 43

War Department
Pension Office
Page 44

Judith Day dec'd
widow of Timothy
N. H.
Act 7 July 1838 & 6
Adm.'d
17 mo. 5 dys per - $57.22
per an [annum]: to 3rd May 1848
when she died, except 
2 years.

Payable to
Lorenzo Day Adm'r [Administrator]
for the benefit of
Saml. S. Day, David Day,
Ezra Day, Elizabeth Day,
Abiah Day, Judith Washburn,
Susan Follansbee
and Nancy Emmons, only
surviving children.

Evans & Fant
Present
Page 45

Lyme N.H.                         7 mos.
1 Jan. 1839

James L. Edwards, Esq.
Comm'r  of Pensions
Washington
D. C.

*running vertically
(illegible) a b Jan 5
N. H.
Page 46

Lyme N. H.        7 mos.
1 Jan. 1839

James L. Edwards Esq
Comm'r of Pensions
Washington
D. C.

*running sideways
(illegible) a b Jan 5
N. H.
Page 47

Lyme N. H. Dec 31st - 1838

Sir
yours of the 29th Nov 1838 was duly received relative to Mrs. Judith Day & Mrs. Hannah Park
I have written to General Moody Bedel relative the services of Timothy Day in Col. [Timothy] Bedel's Reg't in Capt. Richarson's Company - he says he has carefully examined the Rolls of Capt. Richardson's Company and can not find the name of Timothy Day on them - you will have the goodness to grant Mrs. Day such amount of Pension as you find she is entitled to by the proof in your possession I know nothing of this matter only what she stated in her Declaration
She lives in Enfield N. H. about 20 miles from my place I never saw her only when I took her Declaration -  I presume you will do her no injustice
I have the Honor to be
very Respectfully yours
D. C. Churchill ~

Hon: James L. Edwards
Comm'r of Pensions
Washington D. C.
Page 48

Mason Kirby
Pension Office
Page 49

Dear Sir,

Captain Fant, informs me that you mite (might) allow 18 months in the case on which we (illegible) asked. - I issued the Certificate for that amount.
Please get up the case of Abigail Davis, which you handed to Capt. Triplett.-
This is a good case.

F. L. Evans
Page 50

I James Lucas of Northumberland in the County of Coos and State of New Hampshire do testify and say that the following statement is correct to the best of my recollection - I have now a communication before me, dated December 15th 1777 of Paymaster to the Regiment raised by Timo [Timothy] Bedel by order of Congress for an expedition against Canada on the first day of April 1778 a Regiment was raised by the said Timothy Bedel for the defence (defense) of the frontiers on and adjacent to Connecticut River in which Reg't I was also Paymaster~ and Timothy Day of Enfield in the County of Grafton and State of New Hampshire was a Soldier in said Regiment belonging to Capt. Luther Richardson's  Company - said Regiment was raised for a years service, and I think that said Day must have enlisted in the month of April or May where he served nine months or more
[signed] James Lucas

State of New Hampshire}
Coos Ss.}
July 29, 1831 Personally appeared James Lucas signer of the foregoing affidavit and made solemn oath that the same was true, before me
[signed] Seth Eames, Justice Peace
Page 51

I Thomas Eames of Northumberland, County of Coos and State of New Hampshire depose and say that the following is according to the best of my recollection.
I was a soldier in the Melitia (Militia) in Northumberland in the time of the Revolutionary War and in the Spring of the year 1778 there was a regiment raised by the government for a years service under Col. Timothy Bedel for the defense of the frontiers on and adjacent to Connecticut River. And Timothy Day of Enfield County of Grafton and State of N. H. was a soldier in Capt. Luther Richardson's Company belonging to said Bedel's Regiment. He enlisted sometime in the Spring of the year I think April where he served nine months or more. In the time he assisted in building two forts in this town - and said Richardson's Company and a Company (in part) of Rangers commanded by Benjamin Whitcomb was stationed here to scout and guard the then northern settlements in New Hampshire & Vermont - And I further state that he was a faithful soldier and went pilot to the scouts of soldiers through the wilderness to Canada. And after he had fulfilled his service in the continental line, he enlisted in the melitia (militia) where he served one year more in defense against the Indians.
[signed] Thomas Eames-

State of New Hampshire}
Coos Ss} July 30th 1830 Personally appeared Thomas Eames signer of the foregoing affidavit and made solemn oath that the same was true before me
[signed] Seth Eames Justice Peace
#Headquarters
Page 52

State of New Hampshire
Coos Ss.
Superior Court Clerk's Office
August First A. D. 1831-

I hereby certify that Seth Eames is now an acting magistrate for said County of Coos, qualified by law to administer oaths, that the within is his signature: & that full faith & credit may be given to the same.
In testimony of which I have hereto my hand & affixed the seal of said Court the day & year above written.
[signed] A. N. Brackett} Clerk of S. C. of Jurisdiction Coos County
Page 53

Dept of War
August 27, 1831.

Pension}
Office}
Page 54

Meriden N. H.   Aug 22, 1831

Sir

It is at the request of Timothy Day I herewith send enclosed his claim to a Pension - It is the desire of Mr. Day that the fate of his application may be communicated to him directed to this Meriden P.O. N. H.

Respectfully yours,

[signed] John Bryant

J. L. Edwards Esq of the
War Department
Page 55

M. 801
12 June 1837
Pension Office

6620
N.H.
FREE
Timo [Timothy] Day
N.H.

**STAMP ILLEGIBLE

Lewis Cass Esq.
Secretary of War
Washington
D.C.
Page 56

Lowel (Lowell) May 31 - 1837

Hon. Sir

A matter of congruence to a few causeth me to write to one who stands a Father in the Rights of the people - It is now in your power only - to relieve me from suspense and restore just feelings to those who have been made at variance by a designing man - The case is a man by the name of Timothy Day of Enfield, County of Grafton, St of New Hampshire has been a Pensioner - I think about six years. He  was a cousin to my Father - was brought up in my Grandfather's family with my Father - He afterwards lived in my Father's family in the Coos County - remained in that County until after the Revolution - After which he married and settled in Enfield N. H. He married a young wife- and soon had a family depending on him - After the Pension Act was past [passed] I was in said Enfield, keeping school, and saw that the Old man with his family were rather embarrassed- I pitied them, and said, "I thought he ought to have a pension"- he said he ought to have a pension, but that he could get none to take hold to help him- It was evident to me that he was in the service from the information I had in my Father's family and the (illegible) neighbor's- He with his family were very anxious that I should go the journey and get evidence- I was willing to go as I would for a Fathers but as I was unsettled in life, and no means to support myself, but my own exersion (exertion) - I told them I could not go and pay the expence (expense) of the journey without some severity- this they agreed to - He deeded me a little bit of land- valued at fifteen dollars- and said if the Pension drawed (drew) he whould (would) give me six dollars per year while he lived I think it was July- I hired a horse and carriage went a hundred miles out- then in various directions until I obtained James Lucas Testimony Pay Master and Thomas Eames Private - both of Northumberland, Seth Eames of Northumberland Justice Peace- Adino, N. Brackett of Lancaster Clerk of the County of Coos - All in the St of New Hampshire.
After my return the rest of the business was attended to until
Page 57

The papers were all made ready and sent to Washington by the member to Congress. After this I left the place - put myself to business that I might build me a little house- I had fruit trees established and other preperations (preparations) for two years in my absence a wicked man came to the said Day and brought two years drawing of the Pension and said that the above named testimonies were of no use- that he had got Mr. Day on the Pension List without any testimony only his bare oath- He referred to the oath the said Day took the second year- and for the service he had done for said Day, took one year's drawing of the money- (This same man swindled Benjamin Jourdin of Coos County out of a hundred dollars in the same way) when I returned to Enfield the face of things had changed- the wife appeared angry- and the family seemed disappointed. I told them that he had certainly deceived them, that no man could get a pension on his bare testimony but as he had taken their money I shall ask no alimony out of the Pension- and had rather pay them the fifteen dollars than to have any hardness- the old man said I ought not to take the journey for nothing and refused taking the money- the children appeared friendly- I had fruit trees established grafter set- a house frame boarder- a good cellar and lumber to finish my house- Mr. Day is now dead. his wife would be glad to have back the land and all the betterments- The Pension has ceased- favors are forgotten though they have by the Pension made themselves well off, He left a good house and Barn- six or seven cows, a good horse and carriage and a number of acres of land- Mrs. Day is so very unreasonable that the children are anxious to know by what authority the Pension was drawn- and all I want is the Fact- which with your (illegible) will bring us into friendship and harmony- By answering this you will do a lasting favor to your humble servant
[signed] Mary Marshall
Page 58

If you answer this please to direct
 your letter to

Mary Marshall
Lowel (Lowell)
Middlesex County
Mass. State

To the care of the Post Master

There is [are] three persons in Lowel (Lowell) of the same name and I may miss of the return unless it is directed To the care of the Post Master. He will preserve it for me.
Page 59

Enfield N. H.  Jany [January] 19th 1843

Sir

On or about the 15th of August 1838 I as the widow of Timothy Day late a Pensioner of the United States under the Act of June 7th 1832 made a declaration in order to obtain the benefit of the Act of the 7th July 1838 which was afterward transmitted to you by the Hon. D. C. Churchill but has not as yet been settled in my favor and is I suppose still pending for the want of some further evidence- And as the bearer John Bryant Esq of Plainfield Meriden Parish with whom I am acquainted is intending to go to Washington soon I have requested his agency in relation to my claim and pray the Department to communicate or confer with him accordingly in lieu of the Hon. D. C. Churchill
Respectfully yours
Judith Day [her "X" mark]

Witness Converse Goodhue [Justice of the Peace]

Hon. J. L. Edwards
Page 60

Select men of Enfield
Mrs. Judith Day's 
case-


H. H. Sylvester
Present
Page 61

State of New Hampshire
Office of Secretary of State.
==============================
I, Thomas P. Treadwell, Secretary of the State aforesaid, do hereby certify that Converse Goodhue is an acting Justice of the Peace, in and for the County of Grafton duly commissioned and qualified; that his Commission was dated on the 21st day of June 1839 and will expire on the 21st day of June 1844 and that his signature to the annexed instrument is genuine.

Given under my hand and the Seal of said State this
5th day of December 1843
[signed] Thomas P. Treadwell Secretary of State.
Page 62

We the subscribers, Selectmen of Enfield in the County of Grafton and State of New Hampshire, Depose and say that from our acquaintance with Timothy Day, late of said Enfield deceased, and who at the time of his death was a Pensioner of the United States under the Act of the 7th of June A. D. 1832. We are enabled to say without hesitation that in our opinion he was a man of truth and veracity. We further say that his widow Mrs. Judith Day who is now living and who we are informed has made application for the benefit of the Act July 7th 1838 is also in our opinion a worthy person but left in a destitute situation as to property
October 16th 1843
{signed] John C. Clough} Selectmen
[signed] Thomas Merrill} of
[signed] James Follansbee} Enfield

Grafton Ss. October 21st 1843
Personally appeared the above named John C. Clough on the 20th inst Thomas Merrill on the 16th inst and James Follansbee on the 21st inst each of them solemnly made oath that the above affidavit by them subscribed was in their belief true.
Before me Converse Goodhue Jus. of the Peace
Page 63

Edward Spalding's (Spaulding) Deposition
In the case of Mrs. Judith Day


Proof of Tim'o [Timothy] Day's Services

John Bryant Agent

Meriden N.H.
Page 64

I Edward Spaulding of Lancaster in the County of Coos and State of New Hampshire aged Seventy eight years depose and say that in the time of the War of the Revolution I resided with my Father Daniel Spaulding in the adjoining Town of Northumberland in said County where to my knowledge a considerable amount of Military Service was performed and where two Forts were built- between 1776 & 1780 & where guards were kept until near the close of the war, to one of which guards my Father the said Daniel Spaulding who died the 7th April 1808 belonged and rendered the Country much Military Service at said Northumberland and vicinity during the war, he with other Soldiers as I well recollect, who were there stationed was employed in building one of said Forts and was so engaged in one time of emergency for the space of thirty six days successively including Sundays being in the winter Season but of what year I cannot state that being the Second Fort that was built. My Father also assisted in building the first Fort-
I further depose and say that altho (although) living at some little distance from the works, I was acquainted with several individuals who were there, stationed and engaged and with Timothy Day who afterwards married Judith Webster & who I believe to have been one of them-
Page 65

for I there used to see him from time to time while the work was in progress.
But as I was not then engaged as an enlisted Soldier myself- I will not undertake to state the amount of Service the said Timothy Day there performed nor the names of his officers but know that he was there from after the Commencement of the War & I should think as early as the winter of 1778 - until near its close, when he left the place & I next saw him in the Town of Hamstead (Hampstead) in this State where I believe he came from to Northumberland.
Lancaster Feb. 9th 1844- [signed] E. Spaulding

Coos Ss. Feb 9th 1844
Sworn and subscribed to this 9th day of February 1844
Before me
Reuben Stephenson Justice of the Peace
I further certify that the deponent is a Credible Witness-
Reuben Stephenson Justice of the Peace
Page 66

I James M. Rix, Clerk of the Court of Common Pleas, within and for the County of Coos, State of New Hampshire, hereby certify that Reuben Stephenson is a Justice of the Peace as within, that his commission is dated June 13th, 1840, and will expire five years from that time, and that the signature purporting to be his is genuine.
In witness whereof I have hereunto set my hand and affixed the seal of said Court, this ninth day of February in the year of our Lord one thousand eight hundred and forty four.
[signed] James M. Rix, Clerk
Page 67

John Durkee's Deposition
In the case of Mrs. Judith Day

Proof of Timothy Days Services

John Bryant Agent

Meriden NH,
Page 68

I John Durkee of Hanover in the County of Grafton and State of New Hampshire one of the surviving soldiers of the Revolution, and a pensioner of the United States, depose and say that one of the several tours of service that I performed during the war was in the County of Coos in this State under the command of Capt. Samuel Paine for the space of six months, or thereabout in 1780. Our Company was divided, a part being stationed at Stratford, the remainder in the adjoining town of Northumberland, being northern frontier towns, in both of which forts were erected and guards kept. Between which places there were frequent interchanges of the soldiers - I was myself several times at Northumberland and well recollect there seeing many individuals - then engaged besides our own Company, and that of the number was Timothy Day late Enfield in our said County of Grafton, deceased, and whose widow Mrs. Judith Day is, as I am informed an applicant for a pension under the act of the 7th of July 1838 - for the services of her late husband - How long the said  Day had been there previous to our arrival, and how long he continued in service after we left I cannot state but my belief is that guards and scouting parties were there stationed from 1778 till near the close of the war - I also well recollect that Eliphalet Day, a brother of the said Timothy Day was also there engaged at the same time.
[signed] John Durkee
Page 69

Grafton Ss. February 15th 1844
Sworn and subscribed to before me.
[signed] Jon'a [Jonathan] Freeman
2d. Justice of the Peace
I further certify that the deponent is a credible witness-
Jon. [Jonathan] Freeman 2d. Justice of the Peace

State of New Hampshire
Grafton County (illegible)

I Nathan B. Felton, Clerk of the Court of Common Pleas of the County and State aforesaid, do hereby certify that Jonathan Freeman 2d. is an acting Justice of the Peace in and for said County, duly commissioned and qualified; that his commission was started on the twenty first day of June AD 1839, and will expire on the twenty first day of June AD 1844, and that his two signatures above written are genuine. 
Given under my hand and the seal of said County this 29th day of February AD, 1844.
[signed] N B Felton Clerk
Page 70

Renewed Declaration of Judith Day widow of Timothy Day
In order to obtain the benefit of the act of Congress of the 7th July 1838 entitled "An act granting half pay and pensions to certain widows"
State of New Hampshire}
Grafton County SS}
On this 24th day of July A.D. 1845 personally appeared before me Alpheus Conant a Justice of the Peace within and for said County of Grafton, Judith Day a resident of Enfield in said County aged 78 years who being first duly sworn according to law doth on her oath make the following renewed declaration in order to obtain benefit of the provision made by the act of Congress passed July 7th 1838 entitled "An act granting half pay and pensions to certain widows". That she is the widow, of Timothy Day late a New Hampshire Pensioner of the United States at the rate of Eighty Dollars per annum under the act of the 7th of June 1832 for whose services she claims- That on or about the 15th day of August 1838 before the Hon. D. C. Churchill one of the Judges of the Court of Common Pleas for said County, she made a declaration under the said act of the 7th July 1838 conformably to the regulation adopted in relation to the same- 
That the same was forwarded to the Pension Office by said Judge soon after date, and is there still pending - That her claim, as she has been informed by her agents, has been reached examined and continued- the Department not being satisfied that her husband rendered the two years service for which he was allowed as a private from the month of March 1778 - during the performance of which he was stationed mainly as she believes at Northumberland N.H. and where as she believes he first engaged under a Captain Richardson in the month March 1778 from which period she also believes he rendered service to a
Page 71

considerable amount over and above the two years for which he claimed and was allowed a Pension under the said Act of June 7th 1832 - That in her belief his services were performed mainly at said Northumberland, where a Frontier Guard was stationed, to which guard he belonged and where during a portion of the time he with the other soldiery then and there stationed, was engaged in building the two Forts at that place and in scouting in the region roundabout said Northumberland which is situated in Coos County on the Connecticut River and near Canada line the territory along, which as she has understood, was in dispute between the State of N. H. and Vermont both at times claiming and defending it - That although on a search the name of her husband could not be found on the Rolls nor among the papers in the Secretary's Office at Concord N. H. - she notwithstanding is of the confident belief that he husband was  an enlisted soldier and served as such from time to time under the competent authority of one or both of said States from the Spring of the year 1778 till sometime in the Summer of 1781. - Proof of which she thinks is contained in and established by the affidavits of Edward Spalding (Spaulding) and John Durkee, Esqrs and of Mrs. Tirzah Day heretofore taken and transmitted to the Pension Office in support of her claim and are now supposed to be on file there - Mrs. Day the widow of Eliphalet Day who was a brother of Timothy states, that she lived in Northumberland near the Forts from sometime in 1779 till July 1781 and was knowing that the said Timothy Day was there engaged in service during all that time - Edward Spalding (Spaulding) states that he was also acquainted with the said Timothy Day and there from time to time saw him in service in and about the Fort till near the close of the War - and that he next saw him in Hampstead N. H. (the town to which he belonged) after his return from said
Page 72

Northumberland - John Durkee Esq. of Hanover N. H. states if she is not mistaken in her recollection, that he also was engaged in service for the space of six months in 1780 in Captain Paine's Company at the northward, that said Company was divided and a part stationed in each of the towns, of Stratford and Northumberland, and that he was there acquainted with said Timothy Day who was also there at the same time engaged in the service of the country - She further states that not finding the name of her husband in the Office of the Secretary of the State of N. H., she subsequently caused a search to be made for evidence of her husband's service in the Office of the Secretary of Vermont, and there succeeded in finding that he was at one time engaged by the authority of the State of Vermont and allowed for Eight months and five days service from the 27th day of March 1780 in Lieut. Enoch Hall's Corps of Rangers, as appears by a certificate from that Office, which will herewith be transmitted by her Agent. And being fully confirmed in the belief as she is that her husband the said Timothy day did render actual service from some time in the month of March 1778 till some time in the month of July 1781, she claims accordingly for a full pension of a private being at the rate that was allowed her said husband on a settlement of his claim under the aforesaid Act of June 7, 1832 to wit: at the rate of Eighty dollars per annum
[signed] Judith Day (her "X" mark)

Sworn and subscribed to this 24th day of July 1845 before me
[signed] Alpheus Conant Justice of the Peace

I further certify that the declarent (declarant) is personally known to me and that she is the same person that she represents herself to be and that she is a credible witness
[signed] Alpheus Conant - Justice of the Peace
Page 73

State of New~Hampshire.
Office of Secretary of State.
==========================
I, Thomas P. Treadwell, Secretary of State aforesaid, do hereby certify, that Alpheus Conant - is an acting Justice of the Peace, in and for the County of Grafton - duly Commissioned and qualified. His Commission was dated on the twenty first day of June 1845 and will expire on the twenty first day of June 1850. 
Given under my hand and the Seal of the State, this 28th day of July 1845.
[signed] Thomas P. Treadwell Secretary of State.

**(written vertically on right side)
Mrs. Judith Day N. H. Renewed declaration
Act 7 July 1838 - J. Bryant Agent
Meriden, N.H.
Page 74

Mrs. Judith Day NH
Act 7th July 1838 - pending

Proof of part of Timothy Day's
Service in 1780 -

John Bryant, Agent
Meriden
N.H.
Page 75

State of Vermont

Secretary of State's Office
Montpelier February 21st 1845

I hereby certify that there is on file in this office a Pay Roll of Lieut. Enoch Hall's Corps of Rangers raised by the order of the State of Vermont for the defence (defense) of the Northern Frontiers; on which Roll is the name of "Timothy Day" with an allowance for eight months and five days service as a private, commencing March 27th 1780.

In testimony whereof I hereto set my hand and affix the seal of this office this 21st day of February A.D. 1845.
[signed] Ferrand F. Merrill
Deputy Sec of State
Page 76

Meriden N. H. Oct 6, 1845

Sir

I herewith transmit the renewed declaration of Mrs. Judith Day one of our N. H. claimants for the full pension of a private, and such further circumstantial proof as she has lately been enabled to obtain, to wit the further testimony of John Durkee, Esq. one of the actors with her husband Timothy Day at the Northward in 1780 and which has tender to strengthen the belief that I have long been of that her husband the said Timothy Day did render more than two years actual service in the State of New Hampshire and Vermont, and within the bounds of Canada from the year 1779 to the year 1781 although unfortunately for the widow but 8 mo & 5 days of the same is shown by the Rolls of New Hampshire and Vermont - Believing the claim to be a just and honest one, I hope it will be allowed as claimed and prayed for this indigent widow, that is for the full pension of a private soldier.
Very respectfully your
Obt Servt, [Obedient Servant]
[signed] John Bryant

Hon. J. L. Edwards
Comm. Pensions
Page 77

Judith Day Proof in her case
pending claim Act 7 July, 38 [1838]

Timothy Day not
on Roll Capt. Paine
was Rolls of Capt
Richardson

John Bryant, Agent
Meriden
NH
Page 78

I John Durkee of Hanover in the County of Grafton and State of New Hampshire aged 84 years depose and say and say that I was several times engaged in service during the war of the revolution. In the year 1780 for the space of six months or thereabout at Stratford & Northumberland in the Coos County doing guard duty under Capt. Samuel Paine and there saw in actual service, as I have stated in a former deposition Timothy Day late of Enfield, deceased, the husband of Judith Day, now the widow of the Timothy Day, and an applicant for a pension for the services of said Timothy Day. I found the said Timothy Day there in service on my arrival, but how long he had been there previously to my arrival, I do not know: I left him there in service when I left, but how long he remained afterward, I cannot state, but, as I believe for the space of six months in 1781, as I have been so informed - I further depose and say that my belief is that a guard was continued there through most of the year 1781 and men were called for from this quarter to guard the frontier in 1781; I turned out myself in 1781 but went no farther north than Newbury, Vermont. 
To the question - Do you know under whose command Timothy Day was in 1780 - I answer I do not for a certainty, for the men stationed at Stratford and Northumberland were united & were termed a Station guard & Scouting party, and performed duties as such. My belief is that said Timothy Day was alternately engaged under different officers, that he was during a portion of the time under one Lieut. Blake, and another time under Lieut. Hall, who I know was stationed there, & sometimes commanded the Rangers, who went out in small parties. I first engaged under Capt. Samuel Paine who was scarcely ever with the men, & we were often times changed from one command to another - I well recollect once being sent out on a scout, & that I went to near the River St. Francis in Canada under the command of Ensign Barlow - I further depose and say that my further recollection is that
Page 79

Sargent's Cole & Bradley were sometimes in command there; but I am unable to state that Timothy Day aforesaid did or did not serve under either of them, but I am of the confident belief that he did then and there and in the vicinity serve for the space of two years & upwards ending in the year 1781 -

[signed] John Durkee

State of New Hampshire Grafton SS.

Sworn and subscribed to this 15th day of September AD 1845 -
Before me
[signed] Jon'a [Jonathan] Freeman 2d. Justice Peace

I further certify that the affidavit is a credible witness.
[signed] Jonathan Freeman 2d. Justice Peace
Page 80

State of New-Hampshire.
Office of Secretary of State.
==========================
I, Thomas P. Treadwell, Secretary of State aforesaid, do hereby certify, that Jonathan Freeman 2nd is an acting Justice of the Peace, in and for the County of Grafton duly Commissioned and qualified. His Commission was dated on the 20th day of June 1844 and will expire on the 20th day of June 1849 and his signature to the annexed instrument is genuine.

Given under my hand and the Seal of the State, this 19th day of Sept. 1845.
Thomas P. Treadwell Secretary of State.
Page 81

Feb 13, 1847.

Rec cl of
Timothy Day
Page 82

Washington Feby 13, 1847

Sir

As the Agent of Mrs. Judith Day of N. H., who has in the Office a pending claim under the Act of the 7th July 1838, I would respectfully request that the papers in her case may be brought forward in the expectation of being able to offer some additional proof of her husband's service. I also have to request that the papers of Timothy Day of N. H. her late husband who first applied for a pension under the Act of the 18th March 1818 may be brought forward for I wish to see the proof that accompanied that declaration.
Very respectfully 
Yr Obt Servt [Your Obedient Servant]
[signed] John Bryant

Hon. J. L. Edwards
Page 83

2
Judith Day of N.H. dec'd [deceased]

Claim in her rights under the
Act of the 2d Feb 1848 and
Joint Resolution of July 1, 1848

Proof of the time of her death

Wm. C. Smith's affidavit
===============
Page 84

I William C. Smith of Enfield in the County of Grafton and State of New Hampshire  - of lawful age, depose and say that I had long been acquainted with Judith Day, the widow of Timothy Day, up to the time of her death - which I believe took place on the 3rd day of May 1848 -  for I was so informed at the time - I attended her funeral and by the desire of her children was the conductor thereof and saw her remains deposited in the grave - which I find by my private journal to have been on the 5th day of May 1848 - 
The said Judith Day as I had been previously informed had at the Pension Office, at the time of her death a suspended claim to a Pension for the service of her late husband Timothy Day -
[signed] William C. Smith

State of New Hampshire
Grafton Ss.
Sworn and subscribed to this twelfth day of December 1848.
Before me 
[signed] Hubbard Harris Jus. Peace
I further certify that the Deponent, William C. Smith, is an acting Justice of the Peace and a credible witness-
[signed] Hubbard Harris Jus. Peace
Page 85

State of New Hampshire

Office of Secretary of State
F, Thomas P. Treadwell, Secretary of State aforesaid, do hereby certify, that Hubbard Harris is an acting justice of the Peace, in and for the County of Grafton duly commissioned and qualified, and duly authorized by the Laws of said State to administer Oaths, take the acknowledgement of Deeds, etc. His commission was dated on the 15th day of December 1843 and will expire on the 15th day of December 1848 and his signature, as such to the annexed instrument is genuine.

Given under my hand and the Seal of the State, this 12th day of December 1848.

Thomas. P. Treadwell, Secretary of State
Page 86

Judith Day dec'd N. H. 
claimant Act 7th July 1838

Certified proof that James Lucas
a witness was a Paymaster
in Bedel's Regiment -
Page 87

State of New Hampshire,
Office of Secy. of State

I do hereby certify, That upon the application of John Bryant Esq. Agent of Judith Day Dec'd widow of Timothy Day. I have examined the Books and Documents in this Office relating to services in the War of the Revolution and find that James Lucas was Paymaster in Col. Timothy Bedel's Regt. and that his name appears upon a Ration Roll of Col. Bedel's with allowance for Rations from 1st Dec. 1778 to 31st March 1779 and that his name also appears upon another Ration Roll of Col. Bedel's with an allowance for Rations from 1st June 1778 to 30th Nov. 1778.
Given under my hand and the Seal of the State, this 22nd day of Feby. 1849.

{signed] Thos. P. Treadwell
Secretary of State
Page 88

Washington City April 28, 1852

L. P. Evans Esq

I have long been the prosecuting agent in the case of Judith Day of NH (widow of Timothy Day) dec'd which is a suspended claim and I now place in your hands the declaration of her Administrator Lorenzo Day who is very desirous of a decision in said case before I leave for NH. Please to act as agent in said case and obtain a consideration of it as speedily as possible to being one on the list that I called up when here in January 1851.
I also wish you to ascertain for what service Josiah Sanborn of N.H. was allowed on a settlement of his claim under the Act of June 7, 1832. Your early report to me in the above named case will oblige.
Yr Obt Serv't [Your Obedient Servant]
[signed] John Bryant
Page 89

Washington, Aug 27th 1852

Sir,

We herewith enclose a letter from Lorenzo Day, Admin. of Mrs. Judith Day, requesting a re-examination, and further clearance in the case. -
The Pension certificate we have returned to Mr. John Bryant, to use in drawing the Pension, but if a further increase shall be allowed, we will write for its return.
We would call your attention to a careful examination of Mr. Days letter. -

Very respectfully
Evans & Fant.
Page 90

Washington
Aug 6/'52

Evans & Fant

Appeal from the decision
of the Commr of Pensions in
the case of Judith Day
Act July 7, 1838 -

C. C
Kirby

Ref'd to the Commr of Pensions
for a refresh
Dept (illegible)
Aug 6/'52

Rec'd Aug 7, 1852.
Page 91

Washington, Aug 6th 1852

Sir

We appeal from the decision of the Commissioner of Pensions, in the case of Judith Day, widow of Timothy Day of New Hampshire, who was pensioned at $80 per annum, under the Act of June 7th 1832, and which was paid to the said Timothy, up to the day of his death.
Judith Day, his widow, has applied for a pension, under the Act of 7th July 1838, and the Comm. of Pensions refuses to allow a pension for more than 8 months 5 days.
This eight months and five days, is maintained by the records of Vermont, which commenced the 12th March 1780, and must have terminated on the 17th November following.
But in addition to the 8 months and 5 days, the Paymaster of the troops, testifies, that Timothy Day served more than 9 months in the year 1778, and John Durkee, a pensioner, deposes to two
Page 92

years service, ending in 1781.
Tirzah Day, who married the brother of Timothy, testifies to more than two years service, as also Edward Spalding. Thomas Eames testifies to Timothy Day having served 19 months -
Now here is record evidence showing 8 months and 5 days service in the year 1780, and facts and testimony clearly establishing that Timothy Day served more than two years.
The Secretary of the Interior, on the 19th March 1850, decided to appeal the case of Samuel Barron, under the Act of July 5th, 1832 in which was involved a large amount in which there was not a shred of testimony other than family and gave a written opinion that family testimony was sufficient to establish a claim.
Also, the case of Mary Bailey, which I think, was decided upon friends testimony by (illegible) Ewing, and Bailey's service was of a similar character to that of Days.
Page 93

I think you will find upon referring to the papers, that the witnesses are represented as highly respectable and their testimony is from personal knowledge of the Services performed.
But have not the claimant rights as well as the Government? You have decreed, that although a case has been erroneously adjudicated, so, as to deprive a claimant of his just rights, yet if acquiesced in by the party during life, unless new and important evidence shall be adduced which was unknown and could not have been obtained at the time of the adjudication of the claim, the judgments of the Pension Office shall be final. Shall not the same rule apply on the behalf of these claimants?
The Pension Office acquiesced in its decision in the case of Day during his life, and unless it can be shown the testimony was false, the  claim for his widow a pension of $80 per annum.
Very Respectfully
Evans & Fant

to A. H. H. Stuart
 [Alexander Hugh Holmes Stuart]
Secretary of the Interior
Page 94

Judith Day of N, H, dec'd

Claim re her rights under the
Acts of the 7th July 1838, 3rd March 1843 
& 17th June 1844 and
the Joint Resolution approved
July 1, 1848 ~

Elizabeth Days declaration
Page 95

State of New Hampshire}
Grafton County Ss.}

On this 11th day of December 1848, personally appeared before the subscriber, a Justice of the Peace within and for said County - Elizabeth Day, a resident of said Enfield aged 57 years who being first duly sworn according to law - doth on her oath make the following declaration- in order is the right of her late mother Judith Day to obtain the benefit of the acts of Congress of the 7th of July 1838, 3rd of March 1843 and 17th of June 1844 for herself and the seven other children of said Judith Day whose names are Samuel D. Day, David Day, Ezra Day, Abiah Day, Judith Washburn, Susan Follansbee and Nancy Emmons - they together with herself being the children and only surviving children of the said Judith Day and that the said Judith was the widow of Timothy Day late a New Hampshire Pensioner of the United States under the Act of the 7th of June 1832 at the rate of eighty dollars per annum- that her mother the said Judith Day died in the adjoining town of Canaan in said County on the third day of May 1848- that she had at the Pension Office at the time of her death a suspended claim to a pension under the Act of the 7th of July 1838 and the subsequent Acts above named- that her original declaration, as she believes, was made before the Hon. D. C. Churchill in the month of August 1838 and that previous to her death one or more renewed declarations were made by her- but all
Page 96

without success as to the admission of her claim for the reason as this declarant understands of her being unable to prove the whole of the service for which her husband the said Timothy Day was allowed on the settlement of his claim by rolls or documentary evidence as was exacted by the Hon. Commissioner of Pensions- This declarant therefore for herself and the seven other children named aforesaid in the right of her said mother claims the benefit of the several Acts aforesaid, together with the Joint Resolution of Congress approved July 1, 1848 entitled "A Joint Resolution relative to evidence in applications for pensions" under which Revolution she claims pensions in the right of her mother the said Judith Day at the same rate per annum that her husband the said Timothy Day received during his lifetime to wit at the rate of eighty dollars per annum.
[signed] Elizabeth Day

Sworn & subscribed on the day and year aforesaid
Before me [signed] William C. Smith
Justice of the Peace

I further certify that the declarant is personally known to me and is a credible witness-
[signed] William C. Smith
Justice of the Peace
Page 97

State of New Hampshire.
Office of Secretary of State.

I, Thomas P. Treadwell, Secretary of State aforesaid, do hereby certify, that William C. Smith is an acting Justice of the Peace, in and for the County of Grafton, duly Commissioned and qualified, and duly authorized by the Laws of said State to administer Oaths, take the acknowledgement of Deeds, etc. His Commission was dated on the third day of July 1847 and will expire on the third day of July 1852 and his signature, as such, to the annexed instrument is genuine.

Given under my hand and the Seal of the State, this 12th day of December, 1848.
[signed] Thomas P. Treadwell, Secretary of State.
Page 98

Judith Day of NH deceased

Original certificate from the Grafton
Court of Probate in her case
Page 99

State of New Hampshire
County of Grafton S.S.}

I, Samuel Swasey, Register of the Court of Probate within and for said County, do hereby certify, that at a Court of Probate holden at Canaan within and for said County on the 20th day of December 1848, before the Hon. Walter Blair, Judge of said Court, it was in evidence that Judith Day, formerly a resident of Enfield, in said County, died at Canaan in said County on the third day of May 1848- That she was the widow of Timothy Day, late a New Hampshire pensioner of the United States, under the act of the 7th June 1832, at the rate of Eighty dollars per annum, for whose services she had long had a pending claim to a pension in the Office of the Commissioner of Pensions at Washington, under the act of the 7th July 1838 and subsequent acts, at the time of her death- That she left eight children by the names of Samuel S. Day, David Day, Ezra Day, Elizabeth Day, Abiah Day, Judith Washburn, Susan Follansbee and Nancy Emmons, they being her children, and only surviving children, and are all still living.
The testimony to the above points was satisfactory to the Court. And I further certify that Lorenzo Day has been duly appointed Administrator upon the Estate of said Judith Day, deceased, and that he is now acting in that capacity.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 20th day of December A.D. 1848
[signed] Samuel Swasey Register of Probate
Page 100

Judith Day of N.H. deceased
Administrator request

Review evidence on file
Page 101

Enfield NH Dec 30 1848

Sir

I as Administrator of the Estate of Judith Day a Claimant for Pensions for the service of her late husband Timothy Day, am desirous of having her claims further prosecuted and allowed under the Agency of John Bryant Esq of Meriden N.H. and if admitted upon the declarations of Elizabeth Day to have the same made payable to myself as Administrator for the benefit of said Elizabeth Day and the other children of said Judith Day deceased.

Respectfully 
Your Obt. Servt [Obedient Servant]
[signed] Lorenzo Day

Hon. J. L. Edwards
Commissioner of Pensions
Page 102

Declaration of Judith Day

Supplementary to a renewed declaration of hers made before Alpheus Conant Esq on or about the 24th day of July 1845 in order to obtain the benefit of the Act o Congress of the 7th July 1838, entitled "An act granting half pay and pensions to certain widows."

State of New Hampshire}
Grafton S.S.}
On this 30th day of September 1845 personally appeared before the subscriber a Justice of the Peace within and for said County Judith Day aged upwards of 78 years, who being first duly sworn according to law doth on her oath make the following supplementary to a renewed declaration made by her before Alpheus Conant Esq on or about the 24th of July 1845 in order to obtain the benefit of the provision made by the Act of Congress passed July 7, 1838, entitled "An Act granting half pay and pensions to certain widows." That she is the widow of Timothy Day who was as she believes a private in the War of the Revolution from some time in the Spring of the year 1778 till the latter part of the summer or fore parts of the Autumn of 1781, a period of more than two years, for which a pension was granted him at the rate of Eighty Dollars per annum under the Act of the 7th June 1832.- That her claim has long been, and is still pending. That she made an original declaration under said Act before the Hon. D. C. Churchill in the month of August 1838, and a renewed one before Alpheus Conant Esquire at the time above stated- That at the time of making her form or declaration she was unable to state particularly the services rendered by her husband nor did she deem it necessary that she should do so, so long as he had established his claim in his life time and drawn a pension at the rate aforesaid - But learned subsequently that proof of his service was required of her- That she therefore made
Page 103

an effort to substantiate her claim by the testimony of witnesses and the Revolutionary rolls of the State of New Hampshire- That not finding the name of her husband on rolls she next caused inquiry to be made for persons who served with him at Northumberland a northern frontier of N.H., the place where he was mainly stationed or who saw him there engaged in service, between the years 1778 and 1781, and was so fortunate as to find one surviving individual John Durkee Esq. who was engaged in service with him there in 1780 and two other persons Mrs. Tirzah Day and Edward Spalding Esq who frequently saw him there engaged- Mrs. Day who married a brother of Timothy, states that she lived there from the spring or early part of the summer of 1779 till July 1781, and that to his knowledge he was there engaged during her stay- Mr. Spalding says he frequently saw him there, from as early as the winter of 1778 till near the close of the war and that he next afterwards saw him in Hampstead N.H. the town to which he belonged before he engaged in Service at said Northumberland- That not succeeding in finding further proof of her husband services and still believing from his oft repeated declarations that he rendered service in the northern frontier guards and scouting parties from 1778 to 1781, she sometime previous to her renewed declaration aforesaid caused a search of the Vermont Rolls to be made and there found evidence of a part of her said husband's services to wit for the term of 8 months and five days as a private in Lieutenant Enoch Hall's Corps of Rangers raised by order of the states of Vermont which evidence was forwarded in support of her claim by her agent John Bryant, Esq who informs her that it has been decided by the Department that she may be allowed for said 8 months & 5 days service,  which allowance she would most thankfully accept but for her renewed confident belief that her husband the said Timothy day, was at said Northumberland and its vicinity a faithful actor in the country's service as a private under sundry command from the Spring of the year 1778 till the Autumn of 1781 when he left and returned to Hampstead aforesaid as stated by Edward Spalding- In this belief she is much strengthened and supported by the additional testimony of John Durkee Esq. lately obtained in reference to the Northern frontier
Page 104

services in 1780 & 1781 who there in states that the men were often changed from one command to that of another and whose deposition will herewith be transmitted and offered as additional evidence in her case showing that in all probability her husband served under various commands during the period above named other than the tour of service performed under Lieutenant Hall- And so believing she cannot but claim for two years service of her husband and the allowance of a full pension of a private soldier for that length of service-
[signed] Judith Day (her "X" mark)
Witness [signed] Clement Smith
Witness [signed]  William Washburn Jr.

Sworn and subscribed on the day and year above written
Before me [signed] Clement Smith
Justice of the Peace

I further certify that the declarant is personally known to me and that she is a credible witness
[signed] Clement Smith  Justice of the Peace
Page 105

State of New Hampshire.
Secretary of State's Office,
I, Thomas P. Treadwell, Secretary of the State aforesaid, do hereby certify, that Clement Smith is an acting Justice of the Peace, in and for the County of Grafton duly Commissioned and qualified. His Commission was dated on the 29th day of June 1843 and will expire on the 29th day of June 1848, and I am satisfied that his signature to the foregoing instrument is genuine.

Given under my hand and the Seal of the State, this 2nd day of October 1845.
[signed] Thomas P. Treadwell
Secretary of State
Page 106

Washington April 24 1852

To the Hon. J. E. Heath Commissioner of Pensions

The subscriber a resident of Meriden NH would respectfully represent that he has heretofore been, and still is, an acting agent for claimant to Pensions, and as such came on here in the month of January 1851 in behalf of those interested in such claims, and to the number of about Thirty cases which as advised to do, he then called up and desired that the same might be taken up and disposed of, five of which were accordingly taken up considered and admitted during his stay in the City- the remainder he had to leave, but in the expectation and with the encouragement that all would be reached in the course of three months next enduring- That upwards of 15 months having elapsed and reports made in but Eight of the remaining cases, he has been induced to come on again a distance of upwards of 500 miles and at great expense in the hope that it may be consistent under such circumstances for the Department to now take up and consider the remainder of said cases. A schedule of which is as follows
Judith Day of NH dec'd Act 7th July 1838
Louisa Chase "   "   "   "
Flora Falls "   "   "   "
Betty Rollins "   (living)   "   "
Sarah Chase " dec'd Act 4th July 1836
Genet Boyes "   "   "   "
Lois Delano Vt   "   "   "
Anna Fellows "   "   "   " Act 7th July 1838  

** ON LEFT HAND SIDE/VERTICAL
Rev War
Evans had the
others papers
Page 107

Levi Dow of NH dec'd   Act 7th June 1832
Robert Roberson " (living)  -do- [ditto]

And the following claims to Invalid Pensions
George Johnson of N.H.
Joseph Crossman "   "
Alden Gilbert "   "
Asa Wilkins "   "
The subscriber would further respectfully suggest that in  some of the foregoing pending claims, additional proofs will be furnished, but not in all and that he is desirous that a reexamination of the papers already on file in the several cases aforesaid may be had and that reports may now be made in said cases.
[signed] John Bryant
Page 108

Judith Day of N.H. dec'd
Pending claim Act 7th July 38
3rd March 43, 17 June 1844
and Joint Resolution - Proof
of her death-

Wm. C. Smith affidavit
Page 109

I William C. Smith of Enfield in the County of Grafton and State of New Hampshire of lawful age, depose and say that I had long been acquainted with Judith Day the widow of Timothy Day up to the time of her death- which I believe took place on the 3rd day of May 1848- for I was so informed at the time-  I attended her funeral and by the desire of her children was the conductor thereof and saw her remains deposited in the grave which I find by my private journal to have been on the 5th day of May 1848- The said Judith Day as I had been previously informed had at the Pension Office at the time of her death a suspended claim to a pension for the service of her late husband Timothy Day~
[signed] William C. Smith

State of New Hampshire
Grafton Ss.

Sworn and subscribed to this 12th day of December 1848-
Before me
[signed] Hubbard Harris Jus Peace

I further certify that the Deponent,
Wm [William] C. Smith is an acting Justice of the Peace and a credible witness-
[signed] Hubbard Harris Jus. Peace
Page 110

STATE OF NEW HAMPSHIRE.
Office of Secretary of State.
==================
I Thomas P. Treadwell, Secretary of State aforesaid, do hereby certify, that Hubbard Harris is an acting Justice of the Peace, in and for the County of Grafton duly Commissioned and qualified, and duly authorized by the Laws of said State to administer Oaths, take the acknowledgement of Deeds, etc. His Commission was dated on the 15th day of December, 1843 and will expire on the 15th day of December 1848 and his signature, as such, to the annexed instrument is genuine.
Given under my hand and the Seal of the State, this 12th day of December, 1848.

[signed] Thomas P. Treadwell
 Secretary of State.
Page 111

Mrs. Tirzah Day's depos [deposition]
To be used in the case of Mrs. Judith Day
Widow of Timothy Day N. H. 
Act 7th July 1838~

Proof of Timo [Timothy] Day's services

John Bryant Agent 
Meriden N.H.
Page 112

I Tirzah Day of Stratford in the County of Coos and State of New Hampshire aged 78 depose and say that I became acquainted with Eliphalet Day and his brother Timothy Day late of Enfield in this State deceased and who at the time of his death was a N.H. Pensioner of the United States in my youth and afterwards more intimately so with Eliphalet to whom I was married at Northumberland in said County in the month of June 1780; I first took up my abode with a friend in said Northumberland at or very near the place where the guards were stationed and where one [of] the forts were built in the Spring or early part of summer in the year 1779 to one which guards, the said Eliphalet Day and Timothy Day, belonged. The building of one or more forts was commenced near the bank of the Connecticut river in said Northumberland by the soldiers there stationed in 1779 of which to my certain knowledge the said Timothy Day whose widow  Mrs. Judith Day has now as I understand a pending claim to a pension under the Act of 7th July 1838 was one .
I there saw him engaged from time to time when not absent from the fort on scouting excursions which were frequent from the summer 1779 till my removal from the place which was in July 1781. How long the said Timothy Day had been in service previous to my residence there I cannot state nor how long he continued after my removal in July 1781.
Page 113

I then left him there and am of the belief that he  then continued till the summer following but would not state it for certainty nor can I state the  length of his services but have no doubt but that he was engaged between two and three years, nor am I able at this time to give the names of the officers under whom he served but am of the opinion that he was during a portion of the time a member of Captain Richardson's Company for I well recollect Captain Richardson and that he was occasionally with the guards at said Northumberland as were also Captains Eames and Caswell. And further this deponent saith not 
[signed] Tirzah day

Coos Ss.}
Sworn and subscribed to this 7th day of February 1844 before me 
[signed] Seneca A. Schoff Justice of the Peace

I further certify that Tirzah Day is a credible witness
[signed] Seneca A. Schoff Justice of the Peace
Page 114

I James M. Rix, Clerk of the Court of Common Pleas, within and for the County of Coos, do hereby certify that Seneca A. Schoff is a Justice of the Peace within and for said County, as within, and that the signature purporting to be his is genuine.

In witness whereof, I have hereunto set my hand and affixed the seal of said Court, this ninth day of February, in the year of our Lord one thousand eight hundred and forty four.

[signed] James M. Rix Clerk