Revolutionary War Pension and Bounty Land Warrant Application File S. 29,170, Simon Gates, Mass.

Page 1

Service
Mass

Gates, Simon

Number 
S29.170

Page 2

21,06(illegible)

Massachusetts
Simon Gates
of Worcester in the State of Mass -
who was a private in the (illegible) commanded
by Captain Flagg - of the Regt. commanded 
by Col Ward in the Mass
line for 10m 7d
Amt

Inscribed on the Roll of Mass -
at the rate of 34 Dollars 14 cents per annum
to commence on the 4th day of March, 1831.

Certificated of Pension issued the 16 day of Aug
(illegible) (1882?) and both Newton & (illegible)
1 master

Arrears to the 4th of Ma D.               $68.28
Semi-anl. allowance ending 4 Sep D.  17.07
                                                           _______
                                                           $85.35

{Revolutionary Claim, 
Act June 7, 1832}

Recorded by Go C Stiles Clerk
Book E.   Vol. 2,    Page 29.  

78
(illegible)

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Deposition
William Trowbridge

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I William Trowbridge of Worcester, in the county of Worcester and commonwealth of Massachusetts Gentlemman ,Aged Eighty one years , do on oath depose and say that I have been well acquainted with Mr Simon Gates of Worcester aforesaid and have lived in the same part of the town with him since his youth, that on the nineteenth of April Seventy Hundred Seventy five, on the alarm of the March of the British troops from Boston through Lexington to Concord,I marched as a soldier in a company of Minute Men commanded by Capt Timothy Bigelow from Worcester.The said Simon Gates marched on the same day in a company of militia commanded by Cpt Benjamin Flagg. Both companies went together from Sudbury ^on Massachusetts where Capt Flagg [illegible] took us, we having set out a little earlier, and after marching all night arrived the next day at Watertown, about forty miles from Worcester ,having ascertained the retreat go the British into companies halted for rest and refreshment and then advanced to Cambridge.We were stationed together ,and on the twenty fourth of the same April,both enlisted on the organ 
nization of the troops, in Capt Jonas Hubbards company of In
fantry ,in lot Jonathon Edward's Regiment, when we continued in service together, until the sixth day of June following when I enlisted in a company of Artillery, then commanded by cpt Joseph Sibley ,and after wards by Capt Ezra bedlam and was stationed at Roxbury and Brooklyn first. The said Simon Gates was in service in Capt Hubbards company until the first of January Seventeen Hundred Seventy Six when we were both dismissed and returned to Worcester about the same time. I saw him frequently and know that he was in service the whole [illegible] from the said nineteenth day of April until the first day of January in the state troops of Massachusetts The said Simon gates is present at the deposition
                                             William Trowbridge 

                 Commonwealth of Massachusetts
county of Worcester 
On the fourteenth day of August in the Year of our Lord Eighteen Hundred and Thirty Two personally appeared before me 
William Trowbridge by whom the above deposition is subscribed in my presence ,who has been long known to me and being duly cautioned and sworn made solemn oath to the truth of the same I certify that said Trowbridge is a credible person and that his statements are entitled to confidenced
                                               William Lincoln 
                                Justice of the Peace for the
                                               County of Worcester

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I Asa Gates of [illegible] in the county of Hampshire in the Commonwealth of Massachusetts aged Seventy four years ,testify and say that when the news of the Lexington battle in 1775, was received in Worcester in the county of Worcester,when I then lived with my father, my brother Simon gates ,who now lives in [illegible] Worcester volunteered as a soldier and marched to Cambridge. 
A few days after his arrival at Cambridge he enlisted as a soldier in the revolutionary service for the time of eight months immediately after his enlistment he returned home on furlough to make preparations for the service, where he remained only a few days and returned to Cambridge -late on the fall of the same year I went  to see my said brother and found him in service as a soldier at Dorchester near Boston- I [illegible]  with him our on  two days and

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I James McFarland of Worcester in the county of Worcester and Commonwealth of Massachusetts, Yeoman, aged seventy four years do on oath depose and say that about the fourth day of July 1777 on the alarm of the taking of Tyconderoga (Ticonderoga) I (illegible) as a soldier in the company of Infantry under Capt. Jesse Stone of (illegible) (Auburn?) 2nd Lt Nathaniel Harrington of Worcester and 1st Lt Samuel Hubbard of Holden.  Mr. Simon Gates of Worcester with whom I have been long acquainted and who is present at the taking of this deposition enlisted at the same time in the same company and we marched together to Bennington where the company joined Col Cushings Regiment.  The Regiment after a short time marched to Half Moon, where Mr. Gates and myself served together and about the middle of August returned with the Regt. and with Genl Lincoln to Bennington where we arrived the day after the battle.  on the same evening the British prisoners attempted to escape from the meeting house, were fired on and some killed and evacuated.  The company were dismissed at Bennington by a verbal discharge in the end of August or beginning of September.  Mr. Gates returned to Worcester by a different route from myself.  I know that the said Gates was in service with the company from the time we enlisted until the beginning of September or end of August and did duty as a soldier during that time.
                         James McFarland

Commonwealth of Massachusetts 
on the sixteenth day of August in the year of our Lord Eighteen Hundred Thirty Two personally appeared James McFarland above named who has been long known to me, and being duly cautioned and sworn made solemn oath to the truths of the above deposition by him subscribed in my presence.  I certify that he is a credible person and that his statement is entitled to credit
      Willian Lincoln, Justice of the Peace
            for said County.

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DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832

COMMONWEALTH OF MASSACHUSETTS.
County of Worcester, ss
ON this 14 day of August in the year of our Lord, eighteen hundred and thirty 
who personally appeared in open Court, before Nathaniel Paine Esquire Judge of the Court of Probate now sitting for said County, Simon Gates a resident of Worcester in the County of Worcester and Commonwealth of Massachusetts, aged Seventy Six 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 7th, 1932.
THAT he entered the service of the United States under the following named officers and served as herein stated from the
nineteenth (illegible) April 1775 to the first day of January 1776 and from the (illegible) (4th?) day of July AD 1777 to the 2nd day of Sept 1777. -

He was born in Worcester aforesaid on the sixth day of June AD 1756 and the Record of his birth is entered on the town books of Worcester. When called into service he resided in said Worcester and has done so since he left the service to the present time. On the nineteenth day of April 1775 on the alarm of the expedition of the British troops from Boston to Lexington and Concord he marched as a volunteer private soldier in a company of Militia from the town of Worcester commanded by Capt Benjamin Flagg of that town. They marched all night and passed through Shrewsbury, Northborough Marlborough, Sudbury, Weston, Waltham & arrived at Watertown about forty miles.  the next morning - having ascertained the retreat of the British, the company under Capt Flagg, with the company of Minute Men from Worcester under Capt. Timothy Bigelow, halted for a rest and refreshment and then advanced to Cambridge. He continued in service under Capt Benjamin Flagg until the twenty fourth day of the same April when on the organization of the troops he enlisted to serve to the last day of December year next as a private soldier in Capt Jonas Hubbards company of Infantry in Col John Wards Regiment in which he did duty until dismissed on the first day of January 1776. Capt Jonas Hubbard in September 1775 enlisted with Maj Timothy Bigelow in the expedition through the wilderness against Quebec, where the former was mortally wounded and the latter made prisoner. After Capt Hubbard marched in this expedition, the (illegible section of sentence due to a crease in page) Smith the applicant was first stationed in a (illegible) in Cambridge near the marshes of the Charles River and (illegible) to the colleges for about six weeks - Then in Chart No 2, till the latter part of July - Col Ward's regiment was then ordered to Dorchester where he remained till the time of his service expired on the first day of January 1776 when the company was dismissed by the office as verbally no discharge was given to him.  During the fight on Bunker Hill the right wing of Col Wards Regiment was ordered to march to the Hill and marched under Major Moore as he thinks - in an hour or two after the other wing in which was Captn Hubbard's company were ordered to march and advanced within about a mile of the Hill.  there being fired on by the British cannon and meeting the other part of the Regiment retiring in small parties Col Wood ordered them to halt and the applicant remained where the halt took place and in the vicinity until the next morning when he returned to Chart No 2 with the company

He recollects Captains, Cushing of Shrewsbury, Washburn of Leicester, Wood of Northborough, Barnes of Marlborough, Fay Southborough, Wheelock of Westborough, Drury of Grafton, Billings of Hopkinton, Smith of Hadley all of Lot Ward's Regiment, Major Moore killed on Bunder hill, Col Gardner mortally wounded there, Cols. Doolittle, Learned, Putnam and others

(The last paragraph is repeated and 
transcribed in Fold 3 #19717766)

Page 8

(the first paragraph of this document is shown and transcribed in Fold 3 File 19717759)

On the 4th day of July 1777 on the alarm of the taking of Tyconderoga (Ticonderoga) he volunteered as a private soldier in a company of Infantry under Capt Jesse Stone of Ward with Lt Nathaniel Harrington of Worcester and Lt Hubbard of Holden and marched through Leicester, Spencer, Brookfield, Ware, Belchertown, Amhurst, Hadley, Northampton, Chesterfield, Worthington, Lanesborough, Williamstown, over the (illegible) Mountain, through to Pownall (Pownal) to Bennington.  He was about a week on the march on arriving at Bennington the company joined Col Job Cushings Regiment - after staying several days the Regiment was ordered to Half Moon and marched through Hoosuc (Hoosick) and across Hoosuc (Hoosic) River through a wild country to Half Moon where they remained until the middle of August.  He does not recollect that troops were stationed there other than Col Cushing's Regt. - although corps of men were frequently passing.  He saw Capt William Gates company of Coll Bigelow's Regiment marching by Half Moon just before the battle of Bennington orders came to his company to return.  The troops marched immediately for Bennington with Gen. Benjamins Lincoln but did not arrive until Tuesday, the day after the battle, which was fought about five miles from the meeting house where his regiment encamped the first night.  In the afternoon of the day of (illegible) the prisoners about 600, were drawn out of the meeting house. During the night they attempted to escape and were fired on by the guard and six or seven killed and wounded.  He saw a Hessian shot through both knees, and a Tory severely wounded lying at the meeting house door.  His regiment remained at Bennington till the 28th or 29th of August when they were verbally dismissed no discharges being given.  He frequently saw Gen Stark - was on guard there several times at Gen Lincoln's tent.  The militia of Vermont called "the Green Mountain Boys" were at Bennington at the time of his service.  He recollects Col Warner, Lt Leviston and Capt Whitney among others.  He returned with Ephraim Miller, Benjamin Flagg, Jonas Nichols and Noah Gates all of his company and all deceased, through to New Marlborough so called, Colrain part of Guilford, Hinsdale, Warwick, Orange, Athol, Pertersham, Barre, Rutland, & Paxton to Worcester where he arrived Sept 21 1777 having served two months with two days.  He never received a discharge and has no documentary evidence.  Deacon William Trowbridge was in service with him in 1775 and can testify to his services at that time.  The best evidence now in his power to produced is in the annexed depositions.  He knows of no other witness living whose testimony he can procure.

He names the Revd. Aaron Bancroft clergyman of Worcester and Artemas Ward Esq. Register of deeds for said County as persons who can testify to his general character for veracity and the belief of his revolutionary service & Geo Lincoln, Theophilus Wheeler Esq. and others

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We Artemas Ward (a Clergyman crossed out) residing in the town of Worcester and William Lincoln residing in said Worcester hereby certify that we are well acquainted with Simon Gates who has subscribed and sworn to the above declaration, that we believe him to be Seventy Six years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
                                Art. Ward
                                 William Lincoln
             
Sworn and subscribed the day and year aforesaid.  Before Nath. Paine Judge of Probate for the County of Worcester


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 mentioned applicant was a revolutionary soldier, and served as he states.  And the court further certifies, that it appears to them that Artemas Ward and William Lincoln who signed the preceding certificate, (is a clergyman, residing in the crossed out) are both (and that who has also signed the same is a crossed out) resident (in the crossed out) in the town of Worcester and (is a crossed out) are credible persons and that their statement is entitled to credit.

Before Nath. Paine Judge of Probate
For the County of Worcester


I Theophilus Wheeler Register, (Clerk crossed out) of the Court of Probate - do hereby certify the foregoing contains the original proceedings of the said Court in the matter of the application of Simon Gates for a pension. 

IN TERTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court this 14th day of August in the year of our Lord eighteen hundred and thirty two.

Theoph. Wheeler Register of the Court 
of Probate for the County of Worcester
in Massachusetts - 


Declaration
Simon Gates
15758

It is requested that the pension certificate should any be issued on this application may be sent to Newton & Lincoln Attornies Worcester


Worcester Oct 16.1832
I hereby certify that Simon Gates is a person who has always been esteemed a man of truth among his fellow citizens and I cheerfully add y testimony to them of his good character 
                                John Davis

Worchester ss
October 17. 1832
              Sworn Before me
               William Lincoln
                Justice of the Peace

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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. 

Sworn to and subscribed the day and year [?]foresaid.

Nathl Paine
Simon Gates

Page 11

Commonwealth of Massachusetts. County of Worcester on the fourteenth day of June in the year of our Lord Eighteen Hundred and Thirty Three, personally appeared before me the undersigned, a Justice of the peace, within and for the County of Worcester, in the Commonwealth of Massachusetts Simon Gates of Worcester said County, who being duly sworn, deposeth and saith that by reason of old age and 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 the term of Eight Months and Twelve days from the nineteenth day of April A.D. 1775, to the first day of January A.D. 1776, he served as a private soldier in the troops of the State of Massachusetts, under the command of the officers, at the places, and in the manner stated particularly in the declaration heretofore forwarded by said Gates to the department.

For the term of One Month and twenty four days from the fourth day of July A.D. 1777, to the twenty eighth day of August in the same year, he served as a private soldier in the troops of the state of Massachusetts, under the command of Capt Jesse Stone, in the manner and at the places mentioned particularly in said declaration of said Gates.

For such services he claims a pension.

From the twenty eighth day of (July crossed out) August A.D. 1777 to the second day of September following, five days he was on the road returning from Bennington where he was dismissed to Worcester the place of his residence.

He further states that he never received a written discharge from the service - that during the whole of both terms of service above mentioned he was in the field, or in garrison as is particularly stated in his declaration, and that he was not employed in any civil pursuit during said terms.

He further states that the reason why the affidavit of the Rev. Aaron Bancroft, the eldest clergyman of Worcester respecting the age and general belief in his neighborhood of his revolutionary services, was not procured, was the absence of Doct. Bancroft, when the declaration of said Gates was made, and that he is now absent on a journey to Cincinnati.  The other clergymen of the town having been recently settled he considered their evidence less satisfactory than that of other citizens
                               Simon Gates


Sworn to before me William Lincoln
                                                   Justice of the Peace


I further certify that Simon Gates by whom the above affidavit is subscribed has been long known to me - that he is the same person by whom the declaration to which this

Page 12

is annexed was subscribed in my presence - that he has maintained irreproachable character for integrity and veracity and that the belief of his revolutionary services is general in the town of Worcester where he resides

                 William Lincoln
                       Justice of the Peace

Page 13

Simon Gates
Mass
Private 10 mo  7 days

5. & 1606
May 28 1833
P 409

15158
 (some illegible numbers?)

Newton & Lincoln
Worcester
Mass

Page 14

BRIEF in the case of Simon Gates
Co of Worcester in the State of Mass
(Act 7th June, 1832.)

1. Was the (illegible) before a Court or a Judge?  open Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  blank

3. How old is he?  76

4. State his service, as directed in the form annexed.

Period.
19th April In 1775 volunteer

Duration of Service.
Years,
Months,
Days,  (5 crossed out)

Rank.
As a
private

Names of General and Field Officers under whom he served. 
Gen.
Cap. Flagg - 

Period.
24th April In " (1775) enlisted about

Duration of Service.
Years,
Months, 8
Days,   12 (10 crossed out)

Rank.
As a
" (private)

Names of General and Field Officers under whom he served. 
Gen.
Cap. Hubbard   Col Ward 

Period.
4th July 1777 volunteer

Duration of Service.
Years,
Months, 1
Days, 25 

Rank.
As a
" (private)

Names of General and Field Officers under whom he served. 
Gen.
Cap. Stone   Col Cushing

5. In what battles was he engaged?  Battle of Bunkers Hill

6. Where did he reside when he entered the service?  Worcester Co Mass

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary three living witnesses

8. Are the papers defective as to form or authentication? and if so, in what respect:  The papers are not attached agreeable to the regulations

  X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

George Payton
Examining Clerk.

Page 15

Commonwealth of Massachusetts.
Worcester, ss.

I Abijah Bigelow, Clerk of the Judicial Courts, holden within and for the Country of Worcester, do hereby certify, that William Lincoln, Esquire, before whom the annexed affidavit of William Trowbridge, Asa Gates and James McFarland were made and sworn to, is a Justice of the Peace within and for the County of Worcester, and that his signatures thereto appear to me to be in his own proper hand writing.

In testimony whereof I have hereunto set my hand and affixed the County Seal this fourth day of September, A.D. 1832.

Abijah Bigelow, Clerk


Worcester ss - Commonwealth of Massachusetts -

I Theophilus Wheeler Reg. of the Court of Probate for the County of Worcester do hereby certify that the Papers now connected under the Seal of the said Court by ribbon, contain the proceedings of the said Court in the matter of the application of Simon Gates for a Pension 

In testimony whereof I have herewith set my hand and affixed the Seal of the said Court this 13th day of June in the year of our Lord 1833 - 

Theoph. Wheeler reg. of said Court

Page 16

29170
INVALID.
Rwy

File No   29170

Simon Gates

Pri   Rev War

(illegible) June 7th 8(illegible2?)
(illegible) - Vol 2, Page  149

[Illegible of 1870,]

Page 17

15158
Simon Gates







Mass
Newton & Lincoln
Worcester
Mass

Page 18

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Simon Gates which require further proof or explanation.

I.  Does the declaration show where the applicant resides?  yes

II.  Did the declarant make the declaration in the county where he resides?  yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  blank

IV.  Has the declarant mentioned the period or periods of the war when he served?  yes

V.  *Has he mentioned 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 amout( amount) of pension
he is entitled?  no

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations?  yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  yes

VIII.  Has the Court given their opinion?  yes

IX.  Has the Clerk given his certificate?  yes

X.  Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

Page 19

2

XI.  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  Certified by two Clegery (Clergy)

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  blank

XIII.  If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  blank

XIV.  +If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?  yes
     If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?  yes
     Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?  blank

XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?  yes

XVI.  Are the papers authenticated as the regulations direct?  No

XVII. ++ Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And, if not, which of them is not so answered?  blank

EXPLANATORY NOTES.

QUERE V.  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 ______month, and ______days, I served as a ______  For  ______months and ______days, I served as a ______; and for such service I claim a pension.

Page 20

3.

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 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 shewn 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.

+ QUERE XIV. Proof of Service.
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 claimants 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.

++QUERE XVI.  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 paper 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.

-> In every case where the clerk of the court, or other certifying officer, 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.