Revolutionary War Pension and Bounty Land Warrant Application File S. 41395, Gersham York, Continental N.H.

SERVICE
NUMBER _____
Continental N. H.
York, Gersham
S 41395
CONTENTS

Vermont 13,524 4
Gershon York
of Brookfield in the state of Vermont who was a private in the regiment commanded by Colonel James Reed of the N Hampshire ne, for the term of One year.
Inscribed on the roll of Vermont at the rate of 8 Dollars per month, to commence on the 5 of April 1818
Certificate of Pension issued the 3 of Aug 1818 and sent to Dudley Chase Randolph Vermont
Arrears to 4th of March 1819 10 30 3/4 1/2 Semi-annual all'ce ending 4 Sep 1819 18
$135.54
{ Revolutionary claim, } { Act 18th March, 1818. }
See letter to Hon: Elias Keyes, Stock- bridge, Verm. Mar: 19. 1823
From
to the Hon. Mr. Keyes, Stockbridge, Vermont

Gersham Yorks Dist n of Brookfield Orange Co., Vermont. Gersham York. private Colonel Heids Reef New Hampshire line 1775 to 1777.
April 6 th 185
Admitted E. H.

State of Vermont Orange County ss
On this 6 th day of April A D 1878 before me the subscriber Chief Judge of the Supreme Court of the State of Vermont personally appeared Gersham York aged 65 years resident in Brookfield, County of Orange and State of Vermont who being by me first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the late Act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States during in the Revolutionary War." That he the said Gersham York on the 12 th day of December A D 1775 enlisted into the service of the United States for the term of one year from the 1 st of January then next; That on the day of his enlistment aforesaid joined the Army at Winter Hill near Boston and entered into Capt. Robert Oliver's Company, Col. James Reed's Regiment, Genl. Sullivan's Brigade, New Hampshire Line; That he faithfully served in the same company and Reg t until the first day of January A D 1777 when without leaving the service he again enlisted for six weeks and served for that term in a consolidated Regiment in that line, to the end of his second enlistment aforesaid, when about the 12 th of February A D 1777 he was honorably discharged by Genl. Sullivan at Morristown in State of New Jersey; That he does not recollect whether or not he received a written discharge; That the aforesaid services were performed by him as a private soldier on the Continental establishment in the Revolutionary War; — That he is in reduced circumstances & stands in need of the assistance of his country for support. & that he has no other evidence of his R. services.
Sworn to & declared before me the 6 th day of April A D 1878 Dudley Chase Chief Judge Sup. Court
I Dudley Chase Chief Judge of the Sup. C t of the State of Vermont do certify that it appears to my satisfaction that the S r  _____ Gersham York did serve in the Revolutionary War as stated in the preceding declaration against the common enemy for the term of nine months and more on the Continental establishment; and I now transmit the proceedings and testimony taken and had before me to the Secretary for the Department of War pursuant to the directions of the aforementioned Act of Congress.
Dudley Chase Chief Judge Sup. Court
I hereby certify that the above named Gersham York is in reduced circumstances in life & stands in need of the assistance of his country for support Dudley Chase Chief Judge Sup. Court Vermont

54 Geyser Yorks - Declaration and Schedule -
W. B. McLaughlin
13.524
Sept 1819
H. E. G. McLaughlin agent Clerk of Orange County Williamstown Hudson

STATE OF VERMONT, } Orange County, ss. }
On this
fourth
day of
July
1820
personally appeared before the County court for said county of Orange in open court, (said court being a court of record, agreeably to the laws of this state, having the power of fine and imprisonment, &c.) Gershun York aged 67 years, resident in Randolph in said county of Orange who being first duly sworn, according to law, doth, on his oath declare, that he served in the revolutionary war, as follows: I enlisted Dec 13th 1775, under Capt Robert Oliver in Col James Reed's Regt & served one year in the New Hampshire Line and was Discharged in February 1777 in Morris town New Jersey — that he made his original declaration on the 6 day of April 1818
has received a Pension Certificate, No. 13524 And 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 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, contracts or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.
fifty acres of Land — one Cow one year old heifer, one hog pooter $2. Swine coare $3.25 2 Tables, 9 Chairs, three Chests, Crockery & Glassware $300 75. 2 pails 2 Tabs, Wheel & Reel, one hatchet, knives forks & spoons, $1 Tin ware 75 cents, earthen ware 75 cents. Stone ware 25 cts Darrils $1 Shovels hoes & Crain, Loom, Reels ax and one hoe all amounting to the sum of $456.84 cents — And I justly owe for my Land and to
Doctor Burnham $307.34 —
My occupation has been farming and weaving but age & infirmity has rendered me unable to labour — My wife Louis York is 62 years of age my son Samuel York is 23 years of age and healthy Signed Gershun York —

Sworn to and declared on the before said court.
fourth day of July H. C. G. McLaughlin
CLERK.
1820
STATE OF VERMONT,
Orwell  Rutland County, ss.
I,
H. C. G. McLaughlin
clerk of the Orange County
court for the county of Rutland , do hereby certify, that the foregoing oath, and the schedule thereto annexed, are truly copied from the record of the said court:—And I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid schedule is four hundred fifty six dollars.
84 cents
In testimony whereof, I have hereunto set my hand, and affixed the seal of said court, at Rutland  Chelsea this
4
day of July
1820
H. C. G. McLaughlin Clerk

Flora. D. A. A. Buck H. R

I, Samuel W. York of Brookfield in the county of Orange and state of Vermont of lawful age do testify and say that on or about the 9 th of May 1890 my father Gersham York of said Brookfield took a deed of a certain piece of land in said Brookfield, containing by estimation about fifty acres with a small house & barn thereon standing, of Jonathan Quinby then of said Brookfield, for which my father paid Eighty Dollars down being a part of pension money by him previously received and gave the same day there, certain promissory notes to the said Quinby of the following description viz one for the sum of seventy Dollars & forty cents payable the first of April 1891. one for the sum of eighty Dollars payable the first of April 1892 & one for the sum of one hundred & sixty Dollars payable whenever the heirs of Russell Waldo & Zilpha his wife demand, should execute & deliver good & sufficient deeds to four certain pieces of land in said Brookfield which was deeded as above mentioned to my father, for the security of which my father the same day executed a mortgage deed of the same premises to the said Quinby. I further testify & say that my father has never directly or indirectly paid either or any part of said notes, or helped me to anything towards them, & that I, by my labor, since said notes were executed, have paid some thing like one half of the above notes. I further testify that my father is very poor & in consequence of his age & infirmity is unable to do but very little towards his support, neither has he been able for many years -

I further testify that at the time said bargain was made for the above mentioned land, it was principally made by said Quinby & myself but at the time the deeds were executed they were made to my father on account of my being a minor, & Mr Quinby being unwilling to take a minor's notes - I further say not - Samuel W York
State of Vermont } Orange County ss } Randolph Feb 20 th 1824 -
Personally appeared Samuel W. York and made solemn oath to the truth of the facts contained in the above & foregoing affidavit by him subscribed Defer me Jason Steele Justice of Peace
State of Vermont Orange County ss. Randolph Feb. 20 th 1824.
I hereby certify that I am personally acquainted with Jonathan Quinby Samuel W. York. Solomon Annis Miss Tyler & Israel Camp Jr, who have all personally appeared before me as of the Justices of the Peace for the county of Orange and made oaths to the respective affidavits by them subscribed - are all men of respectable character & in my opinion of strict veracity.
Jason Steele Justice of the Peace

State of Vermont
Orange County blks of in February 21 st A 1824- I H. E. G. H. Laughlin Clerk of Orange County Court, do hereby certify that Jason Steele Esqr of Randolph in the County of Orange before whom the accompanying affidavits of Jonathan
Quimby, Samuel M c York Solomon Anons, Orris Tyler and Israel Camp for ware taken, is a further of the peace within and for the County of Orange acting under the authority of this State and that the signature to the several certificates by him subscribed is in his own hand writing In Testimony whereof I have hereunto subscribed my name and affixed the Seal of O. C. Court.
H. E. G. H. Laughlin Clerk of O. C. Court

41395 INVALID.
Rev
File No. 41395
Gershon Jacob Dr Rev. Dr
Act: 18 th March 18 th
Index: — Vol. 3, Page 596
[Arrangement of 1870.]

Aug 9 '94 4 E Longdon Water man Ills.

Vermont.
Gershom York,
Placed on the Revolutionary roll as a Private, at $8 per month, commencing on the 6 th April 1818. Certificate issued August 3. 1819.
Dropt from roll 23 rd Oct. 1820:
-Restored: afterwards suspended, and, on the 17 th Aug. 1826 the suspension was removed. See letter to Hon. D. Chase.

Suspended for copy of Mortgage.
See letter to H.E. Gilt. Laughlin, 9 July 1821.
See copy of mortgage within, no. 3 Sept. 1821. and copy of Mortgage.
44. 10. 11 40. 1. 1 22. 0. 11 17. 10. 11 14. 10. 11 12. 10. 11 10. 10. 11 8. 10. 11 6. 10. 11 4. 10. 11 2. 10. 11
See letter to Hon: E. Keyes, Stock- bridge, Windsor Co. Vermont. March 19 th 1823

York, Gershon Cont - N.H. 541395

also Aug 2 nd D o 1821.
S. C. Bachman Esq r
Sir Inclosed is the Copy of a Mortgage Due Gershon York to Jonathan Quimby, agreeable to your Instructions of of the 7 th July A d 1821 — And the acknowledgment is taken before Shubel Converse who then was & Still is a Justice of the peace within & for said Orange County
I am Respectfully Yours —
S. C. Bachman

York, Gershman Conf-N.H. 541395

I, Darius Sprague of Randolph in the county of Orange & State of Vermont, depose & say that in addition to my testimony taken before the Hon. Dudley Chase on the 5 th instant in relation to the recent circumstances of Gershom York, a Revolutionary pensioner, that about the 10 th of April last in conversation with Sam l . Stone, the said Stone said that he had assisted the old man in carrying him to Chelsea to see about his pension, and that he, Stone understood from the old man, that if he did succeed in getting the pension that he Stone should be well paid - or well rewarded for his trouble - but after the old man got on to the pension list, he paid the said Stone something but not enough to pay him for his trouble, or not so much as he had ex- pected. The said Stone then told me that if it was in his power he would stop the old man's pension: and then told me if I would keep a secret, he would tell me one, to which I agreed. He then told me that he, the said Stone Israel Camp & Isaac Newton had sent on to the War Department, their affidavits for that purpose - & for the said note Darius Sprague
State of Vermont
Orange County ss. At Randolph August 7 th 1826
Personally appeared Darius Sprague and after being duly cautioned & carefully examined, made solemn oath to the truth of the foregoing affidavit by him subscribed -
Before me Benja Burge Justice of the Peace

J. Joseph Cochran of Randolph in the county of Orange and State of Vermont depose & say that Heath Sam l Stone told me some time last winter that he had lugged old Mr. York to Chelsea twice to assist him in obtaining his pension, and all that he had received for it was one dollar. That he did not think that it was right that Sam l W. York should have all the pension - but thought that it ought to be divided round amongst us then - He then, said that he meant to stop the pension, and for that purpose he intended to employ Mr. Buck, who was the member of Congress, that assisted Mr. York in obtaining his pension - mentioning that as he was the one that got him restored, he could take it away - and further saith not -
Joseph Cochran
State of Vermont } At Randolph August 7 th 1826 - Orange County ss. }
Personally appeared Joseph Cochran the signer of the above affidavit, and after being carefully examined & duly cautioned made solemn oath to the truth of the same
Before me Benjamin Bugbee Justice of the Peace

Rec d June 5. 1826
Chelsea May 21
to the Hon. Genl. G. H. [?] New York
Samuel H. [?] Secretary of War Washington Dist. Col.
Samuel H. [?] Brookfield, Vt.

Brookfield Vermont May 29. 1826
The Hon Secretary of War
Sir.
Some time since were forwarded to you affidavits relative to the case of Gershom York a revolutionary pensioner tending to show that said York was possessed of real estate at the time of making his declaration for a pension. Exertions are now making by York to obtain testimony to avoid the effect of the above mentioned affidavits and before a final decision is made it might be well to apprise me of the state of the question as I fully believe that York made a conveyance of his property to his son for the purpose of being entered on the pension roll and think evidence may be obtained to establish the fact beyond a rational doubt. Should you find that additional evidence is necessary on being informed of its nature and the point to which it may apply I believe I can furnish it.
I am Sir respectfully
Your Obedt Servant
Saml Stone

Randolph July 1 st 1826
Sir,
I received your letter of June 12 th , 1826, wherein you suggest that testimony is required as to a difficulty between myself & the son of Gershom York by which it is said I am actuated in relation to Gershom York's pension. I do not attempt to deny that I dislike Samuel W. York, but it is saying far too much, to say that my testimony on oaths should be therefore disregarded, more especially where the other testimony furnished, sufficiently proves the case. It is true at the time Mr. York applied to Mr. Buck to procure him to be restored to the pension list, I was willing it should be so, if it could be consistently with the law, in the true situation of Mr. York. I had then never read the law relating to pensions. When I afterwards read the law & ascertained that York had deeded his farm to his son on purpose to procure his pension I considered it my duty to state to you the truth of the transaction. I understand it has been suggested to you that Gershom York was merely the test and instrument of his son in the purchase of the farm & I now enclose you copies of the deeds which will show you that he held the farm three years & seven months and the deed to his son was dated at immediately after applying to Mr. Buck to assist him; and by the affidavits enclosed you must be convinced that the old man was the real owner of the farm and when he deeded to his son did it on the condition that his son should support him & declined taking written security for his support wholly to enable himself to procure his pension.
There are many more soldiers more respectable & worthy than Mr. York, in this vicinity whose integrity prevents their being placed

on the petition roll & the example of Mr. Yorke, is a serious public grievance. I have disclosed to you the truth of the transactions and it will neither cease to be truth nor the duty of public agents changed by ascribing to us any improper motives.
Respectfully Yours
Samuel Stone.

East Randolph Ap l . 24 th 1826
Dear Sir
I have just been apprised of a circumstance, which I consider as singular as unjust, and am requested to inform you of the same, in the hope that in case of danger, you may prevent it -
Three enemies of old Mr. York, a Revolutionary pensioner, being his son in law Sam l . Stens, and two other neighbors, have employed Mr. Nutting to write the Sec y of War, and have sent on their affidavits, stating that the old gentleman is not in needy circumstances, and not fairly entitled to a pension - I have not seen Mr. Nutting, but am assured by Mr. York - that the above communications have been sent on about four weeks since. There is not a shadow of doubt in my mind, but that this proceeding has originated entirely in spite and enmity to old Mr. Y. & his son, with whom he lives. And why Mr. N. had not made some further inquiry before he sent on, is also singular. I have always supposed and believed for the last ten years that had it not been for the charity of the old man's friends, and his pension, that he must have been chargeable to the town - This feeling of his son in law and neighbors, I think must have originated, in a quarrel, which they have had, with Mr. York's son

who, although he is not the most pleasant & agreeable, is very industrious & enterprising and has got to be worth a few hundred dollars, and very independent in his own feelings. This is not at all calculated to suit the dispositions of his enemies and with a view to injure the young man who with the assistance of the pension, supports the old man & woman - they have undertaken this course -
Since writing the above I have been informed that Mr. Nutting had no knowledge or concern with the business. that his clerk Mr. Hale did the business -
But this much I can safely assure you that nine tenths of the inhabitants about Mr. York, know him to be absolutely poor, and will corroborate every statement I have made respecting his circumstances - I am sure there should be any trouble - and for this reason we would desire you to call on the Secy. at least - we wish that there might be time to represent the case fairly of an old man, poor and dependent, and just bidding adieu to things below - I wish you would write me immediately on the receipt of this, what is to be feared, as the community in this section are alive on this subject, and exasperated at the malignity of his enemies - please write respecting old Mr. Fieldings prospects.
I am your very obt. humble servt. Jason Steele

to James Parkour Secretary at War
I Israel Camp of Brockfield in the county of Orange and State of Vermont hereby state that about two years since I gave my affidavit to Richard York comprising that in my opinion he was in circumstances pecuniarily indigent to come within the pensioning act then and ever since in force and that he the said York was not the owner of any or but very little property of any kind I now state that what I then stated was incorrect. I further state that the said York was possessed in his own right of about fifty acres of land principally paid for at that time. I further state that about the time of his then said Yorks last application he did make a release of his real estate to his son Samuel W. York without any consideration other than his subsequent support in case of necessity. I would further state that his family are in circumstances to maintain themselves
Israel Camp
State of Vermont & Parcel of March 25-1826 As in my County of Orange personally appeared Israel Camp and made solemn oath to above and foregoing affidavit that it is true
Timothy Edson Justice of the Peace

Gresham York to Saml W. York Know all men by these presents that I Gresham York of Brookfield in the County of Orange and State of Vermont for and in consideration of four hundred Dollars to me in hand before the delivery hereof, paid by Samuel Williams York of sd Brookfield have re- mised released & forever quit claimed & by these presents do remise release & quit claim forever unto the sd Saml Williams York his heirs & assigns forever certain pieces of Land lying & being in Brookfield aforesaid bounded as follows to wit. the first piece being part of Lot No 1. in the 14th range of hundred acre Lots in said Brookfield taken off the North side of sd Lot containing forty acres excepting a piece taken off the West end of sd forty acres heretofore deeded to Joseph Cumins by Roswell Waldo. Another of sd pieces is part of Lot No. 2. in fourteenth range heretofore deeded to Jonathan Quimby by sd Roswell Waldo by deed bearing date fourth day of July AD 1815. Another piece in the 2nd Lot in the 14th range containing by estimation _____ acres be the same more or less
The other piece being one third part of the fourth di- vision belonging to the Original right of John Har- wood. The sd above four mentioned pieces of Land are all & singular the Land that was deeded Jonathan Quimby by Roswell Waldo by deed bearing date July 4th AD 1815 and by sd Quimby to me the ninth day of May AD 1820. For particulars reference had to sd deed.
So have I to hold the sd remised premises with all the privileges & appurtenances thereto belonging to him the sd Saml Williams York his heirs & assigns to his & their use and behoof forever so that neither I nor any person claiming by from or under me can support any claim thereto whatever In testimony of which I have hereunto set my hand and seal this 10th day of December in the year of our Lord one thousand eight hundred & twenty

Three
Goshorn York S.S.
Sealed & delivered in the presence of us
Jason Steele
Benz r Dugber
State of Vermont Then and there the above na- Orange County ss med Gershorn York personally Dec. 10. 1823 appeared & acknowledged the seal'd & subscribed to be his free act & DEED
Before me
Jason Steele Justin Pease
Brookfield 28th Feb. 1824
Recorded & Examined
Attest Moses Hubbard
Register
I hereby certify that the above foregoing is a true copy of Record
Brookfield 29 th May 1826
Attest Seth G. Bigelow Register

Jonathan Quimby to Gershame York
Know all men by these presents that I Jonathan Quimby of Brookfield in the County of Orange & State of Vermont for the consideration of four hundred dollars paid to my full satisfaction by Gershame York of Brookfield in Orange County I State of Vermont have do hereby freely give, grant sell and confirm unto the said Gershame York his heirs and assigns forever, four certain pieces of Land in Brookfield described as follows. viz. The first piece being part of Lot No. 1. in the fourteenth range of hundred acre Lots in said Brookfield taken off the North side of said Lot containing forty acres, excepting a piece taken off the West end of said forty acres heretofore deeded to Joseph Cummins by Roswell Waldo. Another of said pieces is part of Lot No. two. in the fourteenth tenth range heretofore deeded me the said Quimby by said Roswell Waldo by deed bearing date the fourth day of July A.D. 1815. Another piece in the 2 nd Lot in the fourteenth range containing by estimation eleven acres be the same more or less — The other piece being one third part of the fourth division belonging to the Original right of John Hayward.
The said abovenamed four pieces of Land are all and singular the Land that was heretofore deeded me the said Quimby by Roswell Waldo by deed bearing date the fourth day of July A.D. 1815.
For particulars referance being had to s d deed. To have & to hold the above granted & bargained premises with all the privileges & appurtenances thereof to the said Gershame York his heirs & assigns to his & their own use & behoof forever. And I the said Jonathan Quimby for myself and my heirs Executors and Administrators do covenant with the said Gershame York that until the enrolling of these presents I am the sole owner of these premises and that they are free from every incum-

brance and thereby engage to Warrant & defend the same against all lawful claims whatever. In witness whereof I hereunto set my hand & seal this ninth day of May in the year of our Lord one thousand eight hundred and twenty
Jonathan Quimby L.S.
In presence of Jason Steele James Murry
State of Vermont ) At Randolph May 19. 1820 Orange County ) Jonathan Quimby Personally ap- peared and acknowledged this instrument by him sealed & subscribed to be his free act & DEED Before Shubel Converse Justice of the Peace Brookfield June 1 st 1820. Recorded & examined Attest Noah Paine Register
I hereby certify that the above and foregoing is a true copy of Record —
Brookfield 29. May. 1826.
Attest Seth G. Brigham Register

To James Barbour Secretary of War
We the Samuel Stone & Isaac Newton both of Brookfield in the County of Orange and state of Vermont depose and say that Gersham York of said Brookfield of said at the time of making application for a pension was possessed of real Estate to the amount of three hundred and fifty dollars and that about that time he made a release of said estate to his son Samuel W. York for no other consideration other than his maintenance in case of necessity
Samuel Stone Isaac Newton
State of Vermont Randolph March 28-1826 Orange County } Then personally appeared Samuel Stone and Isaac Newton and made solemn oath to the truth of the above and foregoing affidavit
Timothy Edson Justice of the Peace

Ebenezer Fielding of Randolph Orange County Vt. of lawful age (Do testify I say) That I knew Gershaw York (now of Brookfield Orange county Vt.) having enlisted into the Army of the United States for one year; That I knew of the said York's serving for a longer period than nine months during his aforesaid period of enlistment, in Capt. Robert Olivers Company 2 Col James Rids Regt.; That I was a private in the aforesaid company of Capt. Oliver I was discharged by reason of sickness in October 1817 by Gen. Gates; That at the time of my aforesaid discharge the said York was a private in said company; That I have always believed I do now firmly believe that the aforesaid Gershaw York was honorably dis- charged after the expiration of his aforesaid period of enlistment; — — further the Deponent saith not — Ebenezer Fielding
State of Vermont } Orange County } }
At Randolph in said county on the 12 th day of June 1819 personally appeared Ebenezer Fielding I made oath that the above deposition by him subscribed contains the truth the whole truth & nothing but the truth. —
Before me Dudley Chase Chief Judge Sup. Court and Justice of Peace throughout the State I hereby certify that the above named Ebenezer Fielding is a credible person & that his deposition is entitled to full credit. Dudley Chase Chief Judge Sup. Court

I Josiah Farewell of Washington, Orange County State of Vermont of lawful age do hereby say that while a Private in Col. H. H. H. H. Hildreth's Regt. of Continental Troops during the year AD 1776 I well knew of Gershaw Yorkes now of Brookfield Orange County Vermont having enlisted into the Army of the United States into the aforesaid Regt. for one year; - That I knew of the said Yorkes having served for a longer period in the aforesaid Regt. than nine months; That I have always believed & do now firmly believe that the aforesaid Gershaw Yorkes was honorably discharged after the expiration of his aforesaid period of enlistment; I further the Deponent saith not. Josiah Farewell
State of Vermont
Orange County
At Randolph in said County on the 14 th day of June AD 1819 personally appeared Josiah Farewell & made oath that the above deposition by him subscribed contains the truth the whole truth & nothing but the truth.
Before me Dudley Chase Esq. Judge Sup. Court of Justice of this State
I hereby certify that the above named Josiah Farewell is a credible person & that his deposition is entitled to full belief.
Dudley Chase Esq. Judge Sup. Court Vermont.

Waterman Illinois
June 5 1899
Dear Sir:
Will you please send me a record of the military service of the following persons, also any other facts concerning parentage, birth and life which may be on file in your department:
1. Gershon York , private, N. H. cont'l line, lived Orange co., Vt. 2. John Brock , private, Conn. cont'l line, lived Rutland co., Vt.
Respectfully
G. E. Congdon
Waterman, Ill.

Washington May 8 th 1826
James L. Edmund, Chief Clerk in P. Office
Sir
I enclose herewith the papers you had the goodness to send me - I also again send you the letter of James Steele Esq r to me, which I hope you will keep with the affidavits recently recd, of Stone Newton & Camp. I place great reliance on Esq r Steele's statement, wh ch I should you desire it will readily furnish proof satisfactory of the truth of the case as he represents it. I have known Garrison Gaskin for more than thirty years. He was not worth much in 1792 when I first knew him. He gradually depreciated in his property till some 8 or 10 years before the Pension-law was passed, when he became very poor & wholly unable to pay his debts, was the smallest. The prudent application of the avails of his pension for a few years was undoubtedly of much benefit to him, and may have enabled him to contract for the 50 acres of hill-land, where he now stays. when I don't know Gaskin says he relinquished 50 acres of land to his son S. W. Gaskin, which was principally paid for at that time. This contradicts Leam. for former story on this subject. Newton, I do not know. Stone is represented

by Brig. Genl. Steele to be in a violent quarrel with his relations, the Gaskins. He is a very violent vindictive tempered person, and may not be deserving of full credit in any case; of this, however, I am not informed.
Sim o Nelson Esq r , who is considered as the person that forwarded the late affidavits to the Dept. -will, I believe, be much surprised to receive a communication from you on this subject. The real Manager in this business is out of sight - and has so contrived it that Esq r Nelson's signature of the certificate of oath should figure upon him the correspondence.
I hope Sir that you will not proceed further against Old Gaskins, without affording to Brig t Steele, if you should judge it to be necessary, an opportunity to develop the true state of facts.
Very respectfully
your Ob t Serv t
Bradley Chase

East Randolph W. G. Free July 8
Recd 17 July 1826
Hon. James Barbour Secretary of War Washington City D.C.

East Randolph H. July 5 th 1826.
Hon James Barbour
Sir Your letter of the 8 th ult was duly received in relation to the case of Col Mr Gershon York, accompanied by a copy of Saml Stone's letter to the War Department, for which as a friend to Mr York you are much obliged to you. What further course Stone is intending to pursue in this case, I am unable to imagine, as I cannot conceive it to be possible, for him to make proof to the points which he professes himself able - and certainly not to any one, acquainted with the circumstances and parties concerned - Mr York however knows nothing of the course he intends or will pursue - as every thing is done ex parte and kept entirely secret from Mr York and his friends - From the indulgent course you have given Mr York, we have reason to believe, should Stone attempt to produce further testimony as he engages in his letter, that you will allow us further opportunity, as we have a belief that ninety nine of one hundred of Mr York's acquaintance would corroborate the affidavits which he has furnished you in the case.
I am, Sir, respectfully
The Hon. Secretary of War,
Your Obt. Servant
Jason Steele

A. Brief in the case of Gusham York
Reston
32

Gershon Gerk - Privil - 1777. One year's aged 68 years by occupation a Farmer and Weaver unable to pursue the same by reason of infirmities and old age. - Wife aged 63 years in bad health. 1. Schedule dated July 4. 1820, contains 50 acres of lands one cow, 1 heifer, one hog, Household furniture, loom, &c. Total amount in value of the property $456. - He is indebted for his lands & to D r Burnham 367. 34.
2 d Schedule dated 4 June 1821, contains Personal Property to the amt. in value of $14. 53. He states that he justly owes $310 for the lands mentioned in his first schedule and it is mort- gaged for that amount, and he owes to sundry persons the amount of $80. 34. Total amt of debts $390. 43. See authenticated copy of the mortgage deed filed with and dated 9 May 1820.
See Samuel W. York's affidavit made under oath, and duly authenticated, in which he states that on the 9. May 1820, his father (the applicant) took a deed of a piece of lands containing about 50 acres with a small house and barn standing thereon, from Jonathan Quimby Esq and his father paid $80, thereon, being a part of his pension money received previously, and the applicant gave the same day to the said Quimby three promi- ssory notes, one for the sum of $70. 40 payable on the 1 st of April 1821, one for the sum of $80 payable on the 1 st of April 1822, and one for the sum of $160, payable

wherein the heirs of Roswell Waldo and his wife etc. d should execute and deliver goods and sufficient deeds to four certain pieces of lands in Brookfield, which was deduced to his father on the same day he executed a mortgage deed of the same premises to the said Quimby, and he further de certifies that his father has never paid directly or indirectly any part of the said notes or assisted him in so doing, and that he has by his own labor and indus- try since said notes were given paid something like one half of the amt of said notes. He further states that at the time the bargain was made for the said land it was principally done by the said Quimby and him- self. That at the time the deeds were executed, they were made to his father on account of his being under age, and the said Quimby on that account refused to take his notes for the payment of s d land. See Jonathan Quimby's affidavit made under oath and properly authenticated, in which he states that the applicant has never paid any part of the said notes on account of his pension being discontinued, and at the time the bargain was made for the said lands it was done principally by Sam l W m York, the applicants son then under age, and himself, and he has always understood and very likely believes, that the farm was purchased for his son, in order that he might be enabled to provide for the support of his aged Parents. And he further states that the said Sam l W m York has paid him something like one half of the amount of the said notes given by his father, though

not with any degree of promptness. He further states that he has been acquainted with the applicant for the last eight or nine years, and that he does not believe that he has ever been able to support himself and family without the assistance of his friends or the towns in which he resided any part of the above mentioned time, or even able to procure one half of the expenses of maintainances during said time, except while he was a Prisoner, and he further states that the bargain for the said lands was made between the said S. W. York and himself and as he understood and truly believes for the said S. W. York's benefit, the reason why the deed was not executed to him was on account of his being under age, and therefore he objected to take his notes for the payment of the same. In the affidavits of Israel Camp, O. Tyler and J. Amis corroborating the above statements, and testifying to the inducement of the applicant.
Report to the Hon D. A. Buck House of Representatives

I Samuel Stone testify and say that in Novem- ber 1823 I went with Gershon Yorke to Chelsea to see Mr Buck in relation to his pension. On our return home Gershon Yorke was finding fault with his son S. W. Yorke and said his son wanted a deed of his farm but that he would never give him one while he, the old man, was as well able to take care of it as he then was. Afterwards I heard he had given a deed to his son and in conversation with the old man at my house last winter I reminded him of what he told, to which he conceded. I then asked him why he deeded his farm to his son, to which he made no answer. I then told him it was to procure his pension, to which he made no answer. In further conversation at the same time I spoke to him as to his son being about to be married & I thought probably the old man would be turned away from home. He then told me he had a writing which his son must sign soon. I asked him what it was, he said it was to secure a support to him and his wife. I asked him when it was made & he said at the time he made the deed to his son. I asked why it was not then signed and he said they told him not to have it signed then as it would prevent his being restored to the pension list.
Sam l Stone
State of Vermont } Randolph July 5. 1826 - Orange County } Personally appeared Samuel Stone and made solemn oath that the above affidavit by him signed contains the truth and nothing but the truth. Before me Benjamin Bugbee Justice of the Peace

I Samuel W. York of Brookfield in the County of Orange and State of Vermont of lawful age do testify and say that I was of the age of twenty one years on the eighth of January in the year of our Lord one thousand eight hundred and twenty one, and that I am the youngest of the family, and that we did not take possession or have any income or profit of the farm, which was devised to my father the 9 th day of May 1820, until the April after I was of the age of twenty one years - which was by the terms of the original contract with Jonathan Quimby.
Question by Saml Stone. Did you know of any writing being prepared for you to sign for the support of your father & Mother at the time your father devised you?
Answer. I never saw any such writing - nor never knew of any such writing. I heard something about such a writing, but nothing was ever done. I further state that I never received any property of my father, whereby I ever supposed that I was under the least obligation to bind myself to support him, other than by filial duty to a parent - and further this deponent saith not -
Samuel W York

State of Vermont
Ranger County p. 3 at Randolph August 7 th 1826
Personally appeared Samuel W. York, the signer of the foregoing affidavit and after being duly cautioned and carefully examined made solemn oath to the truth of the same
Before me Benja Bugbee
Justice of the Peace

I, Oris Tyler of Randolph in the county of Orange & State of Vermont in addition to my statements in relation to the reduced circumstances of Gershon York. taken before the Hon Dudley Clapp on the 5 th instant. Depose & say. That some time last spring Samuel Stone told me that if old Mr. York would not divide his pension among the girls, he should have no objection, but if he did not, he would stop it if he could, for that d - m'd f - k - g Wm - meaning Land W. York - should not have it. if it was in his power to stop it, which he believed it was - I further state that the said Stone said had it not been for him, Stone, old Mr York never would have been a pensioner, in his opinion, on account of his not having assistance in preparing his case - And further saith not
Oris Tyler
State of Vermont,
Orange County } At Randolph August 7 th 1826
Personally appeared Oris Tyler the signer of the foregoing affidavit and after being duly cautioned & carefully examined made solemn oath to the truth of the same
Before me Benjamin Bugbee Justice of the Peace

I Joseph D. Whitney of Brookfield in the county of Orange and state of Vermont of lawful age do depone and say that in May last at the request of Gershom York I made out an affidavit for the war department in relation to his, the said York's reduced circumstances. In addition I would say that I have learned that the opposition to old Mr. Yorks drawing a pension, originated with Saml. Stone, a son in law to old Mr. Gershom York, and assisted by Israel Camp & Isaac Newton, who I understand sent on their affidavits in March last. I hereby depone and say that I have been knowing that Saml. Stone, and Saml. York, son of Gershom York, have been in a quarrel, for some time past, and about a year or a year & a half since, Stone said that if they were willing to divide the pension and let his wife have a share, he would be contented, but if they did not, by G-D, he would cut it off, for that d-d H-k-g Bill, meaning Saml. Yo. York by G-D should have it, - at an other time, when Stone, & Yates said Samuel Yo. York, were in some contention about the line of the lots between them, that by G-D he would stop that d-d pension, that if the pension was stop't he thought, Bill meaning Saml. Yo. would have to hire money and pay extra interest, as well as others, and by G-D he would stop it, if it cost him his farm, for Bill, meaning Saml Yo. York, was a d-d arbitrary fellow.
I fur ther say that I heard Israel Camp say something like six months since that he would never have

any deal with Sam l W. York, let him live by him ever so long, but that he had nothing against any of the rest of the York family - Not long since when Stone & Sam l W. were each of them endeavoring to purchase a piece of land adjoining both of them, Camp said that Tom, meaning Sam l W., should not have the land, for he would buy it himself rather than Tom, should have it, but that he would give any other person five Dollars that would purchase it - Since Sam l W. York, purchased the above mentioned piece of land, I heard, Isaac Newton say - that if we, meaning as I understood Stone Camp & himself stop the pension, we think that he, meaning Sam l W. York would have to hire money & pay extra interest as well as others, and that we wanted that, he meaning Sam l W. should have hired him a man to help him this summer and agreed to pay money, before we stop d the pension - at the time of this conversation the said Newton, told me that the said Stone Camp & himself had sent an affidavit about three weeks before, & that they had kept it a secret until then.
Question by Sam l Stone. When & when was it that I told you that if Old Mr. York would divide the pension among the children - Answer by Deponent. I cannot recollect the time & place - but since Mr. York was last put on to the pension list - and further with not.
State of Vermont, Orange County ss
Joseph D. Whitney
At Randolph August 7 th 1826. Personally appeared Joseph D. Whitney the signer of the above & foregoing affidavit after being duly cautioned & carefully examined under and made solemn oath to the truth of the same.
Ref- me
Benjamin Bugbee Justice of the Peace

I, Solomon Annis of Chelsea in the County of Orange & State of Vermont of lawful age do testify and say that soon after the execution of three certain notes by Gershon York which bear date the 9 th of May 1820, amounting to three hundred & ten Dollars and forty cents, in the whole, made payable to Jonathan Quinby or his order - said notes were deposited in my hands, as the said Quinby, who is my son in law, moved to Canaan in New Hampshire, in the course of a year or two after said notes were given, I further testify that Samuel W. York, son of said Gershon York came to me after the first note became due and informed me that his father's pension had been for some time discontinued, & he must beg indulgence on said notes as they he had got to pay them out of the avails of his own labor - I gave him to understand that I would be favorable to him, and he has paid me something like one half of said notes, which has been received of him, as he could obtain it for his labor - but considering his limited circumstances and the aspect he has been obliged to afford his Parents I felt constrained to give him all the indulgence in my power - I further testify that all which has been paid on said notes while in my hands was paid by Samuel W. York - Also that I have been acquainted with Mr Gershon York for several years, and believe him unable to support him self & wife without assistance being poor old & disabled - And further saith not - Solomon Annis

State of Vermont } Orange County } } Randolph Feb. 20 th 1824
Personally appeared Solomon Annis and made solemn oath to the truth of the facts contained in the foregoing affidavit by him subscribed
Before me Jason Steele Justice of Peace

I, Oris Tyler of Randolph in the county of Orange & state of Vermont of lawful age do testify & say that I have been acquainted & a near neighbor to Mr Gershon York of Brookfield aforesaid for twenty years or more, and from my knowledge of his circumstances as to property and his old age & infirmity, I do not believe that he has been able to procure one half of his support for the last seven or eight years past without assistance of his friends, who are also in rather low circumstances as to property, excepting the time he was on the pension list -
I further certify that I have examined the depositions of Jonathan Quimby, Solomon Dennis & Samuel W. York - with many of the facts therein contained, I am personally knowing, and have full belief in the remaining facts therein stated in said depositions herewith transmitted, & further say not -
Oris Tyler
State of Vermont } Orange County ss. } At. Randolph Feb 7, 20 th 1824 Personally appeared Oris Tyler the signer of the above affidavit and made solemn oaths to the truth of the facts therein contained Before me Jason Steele Justice of Peace

I, Jonathan Quincy of Canaan in the County of Grafton & State of New Hampshire of lawful age do testify & say that on or about the 9 th of May 1820 I deeded to Gersham York of said Brookfield a certain piece of land with a small house & barn thereon standing in said town of Brookfield for which I received of said York eighty Dollars at the time the deed was executed, which I understood and have good reason to believe was a part of pension money by him previously received. He also gave me the following described notes to wit above dated bearing date with the above mentioned deed one for the sum of seventy Dollars, & forty cents pay- able the first day of April 1821 - one payable the first day of April 1822 for the sum of eighty Dollars with int after the first of April then next, and one other note for the sum of one hundred & sixty Dollars payable to me or my order whenever the heirs of Roswell Waldo & Zilpha his wife, deceased should execute & deliver good & sufficient titles to four certain pieces of land in said Brookfield, which was deeded as above mentioned to said York - and for the secu- rity of which the said York gave me the same day a mortgage deed of the premises. I further testify that the said York has never paid any part of the above described notes, as his pension was discontinued after March 1820, & from my knowledge of his situation & ability to pay, being old & infirm & very poor, I do not believe he has been or is able to pay either or any part of said notes. At the time the bargain for said farm was made it was done prin- -cipally by Samuel W. York then aged about twenty years, son of the above named Gersham York, for whom I understood & believe the farm was purchased.

that he might be enabled to provide a home for his aged & decrepit Parents. I further testify and say that the said Samuel W. York has paid me something like one half of the above mentioned notes, though not with any degree of promptness. as he has been obliged to procure what money has been paid me, by the avails of his labour, since the notes were given.
I further testify that I have been acquainted with Mr Gersham York for the last eight or nine years & from my knowledge of his property & infirmities of body I do not believe that he has been able to support himself & wife, with out the assistance of friends or the term in which he resides. any part of the above mentioned time, or even able to procure one half of the expense of maintenance, during said time. except while he was a Pensioner.
And further this opponent saith that as the bargain was principally made between Samuel W. York & myself and as I understood & believe for the said Samuel W. York's benefit - the reason why the deed was not executed to him, was on account to my objection to taking notes signed by a minor - I further say not. Jonathan Quinby
State of Vermont } Orange County ss. } Randolph Feby. 20 th 1824
Personally appeared Jonathan Quinby & made solemn oaths to the truth of the facts contained in the foregoing affidavit, by him subscribed Before me Jason Steele Justice of the Peace

I Israel Camp Jr of Brookfield in the County of Orange & State of Vermont of lawful age do testify and say that I have been intimately acquainted and a near neighbor to Mr Gershon York of said Brookfield for the last seven years past and do not hesitate to believe & say that the said York is & has been very poor and low as to property & during the term aforesaid unable to procure one half the expense of his maintenance, without assistance, except while he was on the Pension list. I also certify that his condition in this part of the country are rather poor -
I have examined the affidavit of Jonathan Quinby, Solomon Annis & Samuel W. York, herewith transmitted and am personally knowing many of the facts therein contained, and have full belief as to the remainder - And further saith not - Israel Camp Jr
State of Vermont } Orange County } } Randolph Feb. 20 th 1824
Personally appeared Israel Camp Jr above named and made solemn oath to the truth of the facts contained in the above affidavit by him subscribed -
Before me Jason Steele Justice of Peace

I hereby certify that it is within my personal knowledge that Jason Steele whose signature is annexed to the within Deposition and also the Depositions of Jonathan Mumby & Orris Tyler is in the commission of the peace for the County of Orange and State of Vermont. I also certify that I am acquainted with the hand writing of said Jason Steele and believe the signatures affixed to be his hand writing..
SAZRO ARBUCK

Gershorn York to Jonathan Quimby
Know all men by these presents that I Gershorn York of Brookfield in the County of Orange and State of Vermont for the consideration of four hundred Dollars has to my full satisfaction by Jonathan Quimby of Brookfield in Orange County and State of Vermont have and hereby do freely give grant sell and confirm unto the said Jonathan Quimby his Heirs and Assigns forever four certain pieces of Land in Brookfield described as follows viz: the first Piece being part of Lot No 1 in the 14 th Range of hundred acre lots in said Brookfield taken off the North side of said lot containing forty Acres Excepting a piece taken off the west End of said forty acres heretofore deeded Joseph Cummins by Roswell Waldo Another of said Pieces is part of Lot No two in the 14 th range heretofore deeded said Quimby by Roswell Waldo by Deed bearing Date the 10 th day of July 1815 Another Piece in the 2 d Lot in that 4 th range containing by estimation Eleven Acres be the same more or less The other piece being one third part of the fourth Division belonging to the Original right of John Hayward being the same property heretofore Deeded the sd Quimby by Roswell Waldo the 10 th day of July 1815 and by sd Quimby Deeded some the day of the date hereof particular Reference had to sd Deeds — To have and to hold the above granted and bargained premises with all the privileges and appurtenances thereunto to the sd Jonathan Quimby his Heirs and Assigns to his and their own use and behoof forever and I the sd Gershorn York for my self and my Heirs Executors and Administrators do covenant with the sd Jonathan Quimby that until the enrolling of these presents I am the sole Owner of the Premises and that they are free from every incumbrance and I hereby engage to defend the same against all Lawfull claims whatsoever The condition of the above Deed is such that whereas the sd Gershorn York has this day executed his certain Notes in writing to wit Payable to Jonathan Quimby or Order the one for seventy Dollars and forty Cents payable the first day of April 1821

Also one payable to the sd Jonathan Dwinby or Order for the sum of Eighty Dollars payable the first day of April 1822 with Interest after the first of April next the other of sd Notes payable to Jonathan Dwinby or Order for the sum of one Hundred and sixty Dollars to be paid whenever the heirs of Roswell Waldo Gilphee late his wife deceased shall execute and deliver to Jonathan Dwinby good & sufficient titles of four certain Pieces of Land in sd Brookfield dated to sd Dwinby by Roswell Waldo July 10 th 1815 by the sd Dwinby sealed to me the sd York the day of the Date hereof or this last sd Note to be paid to sd Dwinby agreeable to the conditions of the Note which Roswell Waldo holds against sd Dwinby Now if sd York shall pay or cause to be paid sd notes agreeable to the tenor and effect thereof then the obligation to be void otherwise to remain in full force
In witness whereof I hereunto set my hand and seal this ninth day of May in the year of our Lord one thousand Eight Hundred & twenty
Gersham York
In Presence of Jason Steel James Murry
State of Vermont Orange County ss
at Randolph
May 9 th 1820 Gersham York Personally appeared and acknowledged this Instrument by him sealed & subscribed to be his free act and deed
Before Shubel Converse justice of Peace
Brookfield Sept 27 th 1820 Recorded & Examined
Attest Noah Pease Register
State of Vermont Orange County Brookfield 9 th February 1824
I hereby certify the above is a true copy of the original Record and said Mortgage is not Discharged
Attest Moses Hubbard Town Clerk

State of Vermont
Orange County Clerks office February
21 st 1824. —
I H. E. G. H. c Laughlin Clerk of Orange County Court. do hereby certify that I am well acquainted with the character
and handwriting of Moses Hubbard who has signed the foregoing certificates as Town Clerk of Brookfield in Orange County, and from that circumstance and other testimony now before me. I have no heart doubts in certifying that the said Hubbard is Town Clerk of Brookfield as by him certified
Attest H. E. G. H. c Laughlin County Clerk

Deac. Asa Story
In 1819 from that period to 1823, Gershaw York was poor & hath so continued from that time to this day. In 1821 Gershaw York, son William, talked with me concerning management of his farm & the manner of raising money sufficient to pay for it. He advised him to turn his attention to raising clover seed. He did so & met with good success. The S d Gershaw bought the S d cow (referred to in the story preceding testimony of Kingsbury) in 1820 by the work of William his son - before that time he was entirely destitute of a cow. The S d Gershaw has been for a number of years suffering with rheumatism & unable by any means to support himself. I should judge that both himself & wife were unable to earn more than one third of their support.
Oliver Tyler.
Gershaw York when he moved on to the hill had one cow, which I took from him, as soon as he had procured a heifer, in payment for the rent of the place. He was very poor. He is considerably upwards of seventy years of age.
Henry Arnold.
He knows that Gershaw York was very poor before he drew his pension money. Himself & wife could not more than one half or one fourth support themselves by their labour.
Dea. Brown confirmed the last preceding witness testimony.
Cyrus Tracy - Ditto.
David Grow testifies to the same. The S d Gershaw & wife could not more than \frac{1}{2} support themselves.

Darius Sprague.
Gresham York lived in my house 5 years previous to the year 1819. He used to weave a little, & now & then did a little work on the farm. He was extremely poor, & himself & wife not half able to support themselves. William his son worked & purchased with his labour a young two year old heifer. £30. of Gresham York's pension money went to pay for the farm, on which he now lives with his son, to my knowledge.
Orris Tyler. Confirmed the testimony of preceding witnesses & says that Gresham York & wife were not more than half able to support themselves previous to 1819.
A great number of witnesses having voluntarily appeared to testify as to the extreme poverty of Gresham York, & of the interest he possessed in the farm, & the time being very limited, I thought it unnecessary to accumulate further testimony on this point. Mr. York being, however, anxious to obtain more testimony, particularly relating to the motives that have influenced Sam Stone & his witnesses in the course they have adopted, several individuals appeared before the 3 d J ge Dugbee Esq. on Monday the 7 th inst. when the enclosed depositions were duly taken.
I now beg leave, respectfully, to give a brief sketch of the transaction as it regards Gresham York according to the best of my judgment, supported as it is by the universal opinion of the community so far as they are acquainted with the facts, & which it is hoped

may serve to elucidate some part of the testimony. Gerraham York in 1818 applied to me, then on the Bench of the Supreme Ct. of this State, for the power of making his declaration previous to being placed on the Rev Pension Roll, in accordance with the Law of the State of the same year. Mr York did not receive his certificate until 1819, on which he received in Sept. 1819. & in March 1820 inclusive upwards of $180. Previous to this time Mr York was miserably poor. He was also in debt - greatly so for one in his humble situation. With the Pension money, obtained as aforesaid he discharged about $100. of his pressing debts & with the remaining $80 he made the first payment for a small tract of land for which he engaged to pay the former proprietor Mr Quimby about $320. in addition, giving at the same time a mortgage back to Mr D. as security for the payment of the remainder of the purchase money. At the time of his purchase the Mr York had an only son & the youngest child, Samuel Williams York, who wanted a few months of being of age at the time of the aforesaid purchase (being 9th May 1820) & who could not therefore legally execute a note or deed. But it appears evident to have been the intention of the parties that the purchase was to be made in behalf of the son, & that the land was to become bona fide the son's property when he should have arrived at full age (which would be on the 8th January 1821) & that the father was to receive as an equivalent for the $80 (which he had thus in fact loaned to his son) a shelter & support. It was also understood that the Mr Gerrahams Pension money received thereafter should wholly or a pro-

-portion of it be paid to the son for the purpose of assisting him in part to support his father & mother in decency & comfort. The younger Mr. York was fortunate during a subsequent year, after he had attained the age of 21, in cultivating clover seed, which together with the assistance rendered by his sisters enabled him to discharge a great share of the debt due on the aforesaid mortgage - altho' it is believed a portion yet remains unliquidated. In Dec r . 1823 a deed of the S d Land was executed from the father to the S d Sam l . W. York. I would here remark that it would appear from the testimony herewith submitted that the sole sum ($80) advanced by D r Gershame for the payment for the aforesaid Land, was derived from his Pension & constituted in equity the whole interest he possessed in the property. It also appears that Mr. Gershame York & Wife were unable to support themselves but in a small degree, were afflicted with the disorders incident to old age, & were mainly dependent on their son for the necessities of life.
All the witnesses on the part of Mr. York are from the most respectable class of our citizens, & their testimony receives my implicit belief. The motives that actuated the Complainants, & the weight of testimony that should be attached to their declarations, may perhaps be best learned not only from their own testimony but also by a reference to the enclosed depositions. If their testimony is examined with the attendant circumstances as detailed by other competent witnesses, it will be found not to detract from the claim of Mr. York, but to show that the transfer of the land from father to son was made in good faith, in accordance with a previous agreement, & not for the purpose of enabling him wrongfully to obtain a pension.

Randolph Orange Co. Vermont Aug 10 th 1821.
To the Honorable the Secretary of War
Sir -
At the suggestion & by the request of Mr. Edwards Clerk in the Pension Office as communicated to me by Jason Steele Esq., I attended on Saturday the 5 th inst, at the house of Samuel Blodgett of this town, for the purpose of examining witnesses relative to the case of Gersham York. The s d Mr York & those individuals who had been fit to apprise the War Department of the supposed impropriety of Gersham Yorks continuance on the Revolutionary Pension Roll, were notified of the time & place of holding the examination, & were each requested to attend with their witnesses. They accordingly appeared at the of time & place, when Benjamin Bugbee Esq. a duly qualified magistrate, administered the necessary oaths to the following named persons viz. Samuel Stone, Elizer Steele, Israel Camp, Isaac Kenyon, Jas. A. Converse, Joseph Smith, Henry Arnold, David Grow, Jacob Hyde, Jas. Murray, Jos. D. Whitney, Asa Story, Levi Brown, Orrin Tyler, Oliver Tyler, Jos. Lockham, Barna Gaylord, Asahel Hyde, Calvin Hyde, Aaron Steele, Pearley D. Blodgett, Wm. S. Phelps, Darius Sprague, Louis Spencer, John Glidden &c.

The following is the substance of the Testimony as extracted from the minutes now in my possession —
Samuel Stone.
In the fall of 1821 Gersham York was the sole owner, as I understood, of the farm on which he now lives, & so continued until Dec r 10 th 1823, when he deeded the Farm to Samuel Williams York, his son. — In Nov r 1823 the S d Gersham York told me he did not like the manner in which his S d son S d W. York had treated him in not assisting him about obtaining his Pension — that S d Sam d W. had said he had paid $10. for him — but mind you, Sam, — where money was it paid out of? — On Tuesday, I think, afterwards S d Gersham told me that his S d son threatened to leave him, if he did not give him a deed of the farm — "but he can as well trust me as I can him, & I will never give him a deed, as long as I can take care of myself as well as I now can." — Last winter, I put S d Gersham in mind of this conversation — he said he thought he had stated to me as above related. — He further said to me that he had a writing for Williams to sign which must be signed soon — That the reason he had not had it signed before was, that they told him it would prevent his getting a pension. — The writing was to be for the support of the S d Gersham & Wife. — Gersham York bought the farm after his pension was obtained in 1818 & gave about $1100 — He paid $80. out of his pension money towards it, & the remainder of the money was procured from the sale of the crops on the farm. — In 1819. when S d York first drew his pension, he was in low circumstances —

- Had no land - lived in a hired house - had one cow & no other property to my knowledge. - He has ever since that time lived with his son & two daughters, who work occasionally out & bring home their earnings. A part of the time there have been three daughters who managed in that way. - Gershame York has earned $8. per month & in the winter season a proportionable sum. His wife, I think, has supported herself thus far. - The S d Gershame took possession of S d farm in May or June 1821. - I can not tell whether the S d William his son was of age, at the time. They took possession of S d farm. The three daughters of S d Gershame are older than S d William, their brother.
Isaac Newton.
In the fall of 1823 Gershame York was in possession of a farm on which he now lives. - I live three fourths of a mile from his house. - He had one cow which was called his property. - I do not know but there was an incumbrance or mortgage on S d farm. - The farm was worth $350 or 400.
Israel Camp.
In the fall of 1823, Gershame York was possessed of the farm on which he now lives. - In the fall of 1821 or 1822 I purchased 2 1/3 acres of land from S d farm & Gershame York gave me the deed. - I paid $10. per acre. - The S d York mortgaged to Quincy of whom he bought to secure the purchase money, but whether the mortgage is taken up or not I can not say. - I know of no other property which the S d York owned at that time, excepting one cow which they called "York's". - Samuel Williams York was of age in 1821, as I have understood. The three girls were older

I bargained mostly with Williams, the son, for the 2 1/2 acres of land after made payment to both. Gersham York gave me the deed. — I should not think that old Mr. Gersham York & his wife were able to support themselves — nor have they been since 1821.
Elizer Steele
I supposed Gersham York had a deed of the farm on which he now lives & owned it several years judging from what he has often said to me. — I know that he was possessed of one cow which was called by the family his (Gersham Yorks) cow. He was once speaking about some trouble in his family, & observed that he should not lose his property out of his hands — "That if Williams could not trust him, he would not trust Williams — that Williams might have the property after he had done with it." Before Mr. Gersham drew a pension, he was poor — had no property. Himself & wife, since he drew his pension, were not able in my opinion to support themselves by labour without assistance. Since 1819, they have not more than half supported themselves by labour.
Det. A. Converse. Knows of no fact relating to Gersham Yorks property. —
Joseph Smith. Same as last preceding witness.
Jacob Flyde. Ditto —
The Evidence on the part of the Complainants was here completed —

Gershon Yerks Declaration and Schedule — Sept. 1819
An authentic copy of the mortgage within mentioned, is required.

STATE OF VERMONT. } On this 14 day of June 1921, personally Orange County ss } appeared in open Court, being a Court of record for said County of  Gosham York — aged 68 years, resident in Brookfield in the County of Orange who being first duly sworn according to law, doth, on his oath declare that he served in the Revolutionary war as follows: I enlisted December 13 1775 — under Capt Robert Howe in Col Ganss's Rifles Regiment and served one year in the New Hampshire line and was discharged discharged in February 1777 — at Morristown New Jersey — that he made his Original Declaration on the 6th Day of April 1798 and has Recd a pension Certificate No 13524
And I do solemnly swear that I was a resident citizen of the United States on the eighteenth 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 engaged in the land and naval service of the United States in the Revolutionary war," passed on the 18th day of March, one thousand eight hundred and eighteen; and that I have not nor has any person in trust for me, any property or securities, contracts or debts due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed,
That is to say: — Cattle appraised at three hundred sixty two dollars fifty cents one Cow $14 — which is $376.50 one heifer $8 two hogs $5 Iron ware $1.95 14.95 pewter & tin ware $1.25 Clocking Glass Table ware 75 cts 2.00 Table 28 cts D 17 cts tubs & pails 44 cts 1.52 one barrel 20 cts two chests 40 cts chairs $1 1.60 looking Glass 17 cents knives forks & spoons 50 cents 67  one Shovels Tongs & Crank $1 wheels 75 cents 1.75 ax and hoe 67 cents looms $3.50 Reels $2.00 6.17 and I justly owe $312 for the above mentioned land which is mortgaged for the same 404.96 and the sum of thirty dollars 34 cents to dress other persons amounts to $390.43 390.43 And the said Gosham York — further declareth and saith that he is, by occupation a 14.53 farmer — I have never had a lease and infirmities has rendered him 14.53 incapable of doing any labour of consequence — my wife Louisa York is 63 years old old and in very poor health and this is all the family I have  Gosham York —
Sworn to and declared on the 14 day June one thousand eight hundred and twenty one — Before the County Court
H E B Sauglin Clerk of Orange County Court
I H E B Sauglin — Clerk of the County court, within and for the County of Orange — do hereby certify that the foregoing Substantia and the schedule thereto annex- ed, are truly copied from the record of the said court; and I further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is fourteen dollars, and fifty three cents.
In testimony whereof I have hereunto set my hand and affixed the seal of the said court, on this 14 day of June one thousand eight hundred and twenty one
H E B Sauglin Clerk of the County Court for the County of Orange

East Randolph, May 27 th 1826, To the Hon. James Barbour.
Secretary at War, Sir. By a letter dated May 8 th from S. L. Edwards to the Senate Chair of the Senate of the United States which he has transmitted me, I am informed, that no further proceeding would be had in the case of Gershon York, until sufficient time should have elapsed to afford me an opportunity of developing the true state of facts. - Herewith are transmitted the affidavits of eight persons, all of them men of the first respectability as to honesty and integrity, and against whom character for truth and veracity, not a suspicion exists, and although they are near and intimate neighbors to Old Mr. York & family, are not all of them absolutely and personally knowing to the exact contract in relation to the purchase of the small farm of Jonathan Quimby in 1820, nor are they precisely knowing how, when and by whom the payments were made, but their affidavits go to show the utter impossibility of the old man's being able to do anything without his pension. But as it respects the original contract, and by whom the payments were made - you are referred to the affidavits of Jonathan Quimby, Gershon York, Sam l . Y. York and Miss Tyler taken Feb y . 20 th 1824, now at the pension Department. The affidavits herewith transmitted, all go to show this, and corroborate the former affidavits - The affidavit of Jas. Murray, herewith transmitted, goes to prove that the original contract of the farm was between Quimby & Sam l . Y. York, but on account of Sam l . Y. York, wanting a few months of being twenty one years of age, of course his security not good in law, at the suggestion of Mr. Murray this contract was dropped, and the deed made to the old Gentleman. - The true state of the facts as I verily believe them to exist, and which are almost universally expressed by all acquainted with Gershon York & his family, is that Old Mr. York for some years before the passing of the Pension law of the 18 th of March 1818, was absolutely poor,

and was so considered, so that it was difficult for him to obtain a credit, for necessaries of which he was in real need. But that in 1820, after it had been ascertained that the old man was placed on the pension list - Sam l Y o . York then nearly of age, and his sisters being aroused to a little more action were induced to use their exertions, and contribute their mites, for the purpose of making a home for themselves and parents, feeling themselves somewhat relieved in the support of their parents by the pension - The contract was originated and made by the said Sam l Y o . and Mr Quinby in relation to the farm, but as Sam l Y o . was then a minor, it was concluded to deed to the old man and take a Mortgage for security - About the time this was done, an alteration in the pension law was made, requiring the applicant to furnish the War Department with a schedule of his property - Mr York immediately went forward and made out his schedule of property and had this farm inventoried, and as I have always understood, made out a statement of the Notes then against him for the farm secured by a Mortgage of the same, which was forwarded to the Department - from this, nothing was heard as I have understood until 1824, when Mr Buck a member of Congress then at Washington, had learned from the Department that as there were some informality, or a want of authentication in the Notes & Mortgage deed, from Gershon York to Jonathan Quinby, the Pension Department had handed over the papers to Mr Keyes then a member of Congress, a year or two previous, for him to forward on to Mr York - but for some cause or other Mr York never heard any thing from Mr Keyes, and knew nothing of the business.

until he was apprised of it by Mr. Dack's letter in Feb. 1824 - immediately on the receipt of this Mr. York furnished the Department with the testimony required, and was replaced on the pension list Feb. 20 th 1824. Some time previous to this, old Mr. York did release the farm above mentioned to his son Saml. Y. York, who in the first place contracted for it, and who had, or was to pay for the same with the help of his sisters, except about eighty Dollars, if I mistake not, old Mr. York had paid most of his first drawing, which was about a year and a half after his application in 1818 - To this, he was induced, I have no doubt, in the hope that it would furnish him with a steady home, as he had been obliged for years before, to remove from place to place, as he could from time to time find a house to shelter in - I have ever since my acquaintance with Mr. York which was in the year 1817, or 18, considered his indigent circumstances to have given him as perfect a title, (as I believe I may say the most perfect,) to the provisions of the Pension law of the 18 th of March 1818, of any pensioner in the circle of my acquaintance -
That the course which has been taken by Saml. Stone who is son in law to Gershom York, and Israel Camp, both near neighbors, is in consequence of a quarrel between them and Saml. Y. York, with whom the old people live, for the purpose of getting revenge of Saml. Y., to whom they are so unfriendly. I believe have no doubt -
I should be obliged if you would inform me as early as convenient, after your decision in the case, or if any further proof should be required, to any particular point, we should wish to be notified, as the old gentleman's feelings are now sorely oppressed by the unnatural conduct of his son in law, who is the main instigator, of this course of proceeding
I am very respectfully your ob t . servant Jason Steele

Please direct to East Randolph Pt. as there are two post offices in town
Hon. James Barber
Sejat Har
Washington
D. C.

We William Barley, Darius Sprague, Isaac Flynn and Joseph Cochran all of Randolph in the county of Orange and state of Vermont of lawfull age do testify and say that we have been all intimately acquainted, and near neighbors to Gershon York a United States pensioner, and have been acquainted with him for thirty years past, except Joseph Cochran, who has been acquainted with him about fifteen years. We further testify that Mr. York for several years before the passing of the pension law of the 18 th of March 1818 was extremely poor, and low as to property, and almost entirely destitute of any kind of property, it being hard and difficult for him to support himself and wife, in consequence of his age and infirmities. That some time after the receipt of his pension Mr. York, or his son Sam l . W. York, & daughter purchased a small hill farm in the town of Brookfield, which we have ever supposed and believed was principally paid for by the said Sam l . W. York & his sisters, who were industrious and prudent. As we do not believe that old Mr. York unassisted by friends could have half supported himself & wife, without a pension, and that even with the pension, we do not believe that he could have done more than comfortably support himself and wife. We further state that in our opinion, that Mr. York we have seen what purports to be a copy of Sam l . Stone & Grace Newton's affidavits taken

March 28 th  last before Timothy Edson Esquire, in which they represent, that the "said Gershon York of Brookfield at the time of his last application was possessed of real estate to the amount of $350, and about that time he made a release of said estate to his son Samuel Yo. York for no other consideration, other than his maintenance in case of necessity. That the said Gershon York at this time we do not hesitate to state that in our opinion the said Gershon York was not at that time, or for years before, or since, worth fifty Dollars, independent of his pension. That the said Gershon York did release the contract of the small farm to his son Sam d Yo. York, we presume was the case, as it was principally paid for by the said Sam d Yo. York and his sisters after they were of age and further their deponents say not. Randolph May 26 th 1826.
W m Carley Darius Swague Gared Hyde Joseph Cashman

State of Vermont
Randolph County ss. At Randolph May 26 th 1826
Personally appeared William Carley Darius Sprague Isaac Hyde and Joseph Boekran and after being care- -fully examined and duly cautioned made solemn oath to the truth of the foregoing affidavit by them subscribed
Before me Benja Bugbee Justice of the Peace
I hereby certify that I am personally acquainted with all the signers to the foregoing affidavit, and that they are all gentlemen of good reputation and entitled to full credit and belief.
Benja Bugbee Justice of the Peace

I Joseph D. Whitney of Brookfield in the county of Orange and State of Vermont of lawful age, do testify and say that I have been acquainted and a near neighbor to old Mr. Gershon York, since February 1817 - at that time Mr. York, as was generally considered, as I then & ever since believed, was extremely poor and low as to property, and in consequence of his age and infirmities, unable to half-support himself - I further testify after the grasping of the pension law and after Mr. York, drew his pension, Mr. York or his family purchased a small hill farm of a Mr. Son a Linnby, which I then and ever since believed was purchased and principally paid for by Sam l W. York, a son of the old gentleman, and his daughters, who were industrious and prudent. As I do not believe that Mr. York, if left to himself unassisted by his friends could have done more than comfortably supported himself and wife - even with the pension money which he has received. I further testify that I am personally knowing that there has been a disagreement or quarrel between the above named Sam l W. York, with whom old Mr. York wife lives, and Samuel Stern, and Israel Camp - and further that Isaac Newton, the other deponent, who sent on their affidavits to the war department, this last spring, as a caveat vs Gershon York, stated in my hearing, that, "if we do stop the pension Williams," meaning Sam l W. York, "will have to hire

money, and pay extra interest, as well as others. evidently convincing me that their enmity and ex- -torts were to injure Sam l W. York, on whom his father and mother were dependent, provided they could stop his pension & further this disponent saith not Randolph May 26 th 1826, Joseph D. Whitney
State of Vermont
Orange County ss At Randolph May 26 th 1826 -
Personally appeared Joseph D. Whitney above named and after being duly cautioned and carefully exam- -ined made solemn oath to the truth of the foregoing affidavit by him subscribed
Before me Benja Bugbe Justice of the Peace
I hereby certify that I am personally acquainted with Joseph D. Whitney the signer to the above affidavit. That he is a gentleman of respectibility and entitled to full credit and belief
Benja Bugbe Justice of the Peace

I, James Murray of Randolph in the County of Orange and State of Vermont of lawful age do testify and say that I have been acquainted with Gershon York for more than thirty years last past and from my intimate acquaintance with him and his circumstances, was perfectly satisfied that he regularly depreciated in property till fifteen years or more since he became absolutely poor, as to property, and on account of his age and infirmities he has not been able to do but little towards his support since - I further testify that in the year 1818, I loaned Jonathan Quinby of Brookfield about two hundred dollars in money, and took a mortgage deed of the hill farm, now owned by Saml. Y o . York, - sometime in the year 1820, when I was calling for my money of Quinby, he Mr Quinby informed me; that he could not realize the money without his selling the farm, and intimated that Saml. Y o . York and the family, had had talk of making a contract for the farm, or had contracted for the same, but on my suggestions to Mr Quinby, that Saml. Y o . York, was not quite of age, and that his notes would not be good in law, I concurred afterwards, that they had concluded to vary the contract, by cluding to old Mr Gershon York, and taking back a Mortgage for security - but on account of my scruples of the York family being unable to pay for the farm, I would not agree, and did not change my security, but gave Mr Quinby further indulgence as to time -
I further state that the said Samuel Y o . York who is something like twenty six or seven years of age, according to my belief, together with three sisters which are older

have been principally instrumental in the payment for said farm, and that the said Sam l Y o . York & sister have got together something from four to six hundred Dollars including the above mentioned farm, which I have understood has been released to the said Sam l Y o , according to the first contract, as I have no belief that Old Mr. York even with the pension money which he has drawn, since the passing of the pension law of 1818, could more than have supported himself, unassisted by his friends -
I furthermore state that Samuel Stone, whom I have understood has sent on his affidavit to the War Depart- ment this last spring, is a son in law of Gershon York, and a man of violent temper, and from the said Stones conversation with me, have every reason to believe, that his course of conduct in relation to this, has been induced, by a quarrel which the said Stone, has had with the said Sam l Y o . York with whom the Old man Gershon York lives - and have no doubt that this course has been resorted to for the purpose of getting revenge of Sam l Y o . York - And further this deponent saith not, Randolph May 26 th 1826.
Jam es M ur phy

State of Vermont.
Orange County ss. At Randolph May 26 th 1826 -
Personally appeared James Murray the signer of the above affidavit, and after being duly cautioned and carefully examined made solemn oath to the truth of the foregoing affidavit by him subscribed
Before me Benjamin Bugbee Justice of the Peace
I hereby certify that I am intimately acquainted with the James Murray the signer of the foregoing affidavit that he is a gentleman of good reputation and entitled to full credit and belief.
Benjamin Bugbee Justice of the Peace

We Henry Arnold and Levi Bruce both of Randolph in the county of Orange and State of Vermont of lawful age do testify and say that we have been well acquainted with Mr Gershon York of Brookfield a pensioner, for more than twenty five years last past, and nearly ever since that he had been grad- ually decreasing in property till some few years before the passing of the Pension law, he became absolutely poor - and so continued, and in consequence of his age and infirmities of body, he was unable to get a comfortable living without the assistance of his friends, until he got on to the pension list, and we further state that in our opinion that even with the pension money, which he has drawn, together with his own exertions, that he could not have more than comfortably supported him- self & wife for the last eight or ten years, unassisted by the charity of his friends - and further the deponents say not. Henry Arnold Levi Bruce Randolph May 26. 1826.
State of Vermont
Orange County ss. At Randolph May 26 th 1826.
Personally appeared Henry Arnold and Levi Bruce above named and after being carefully examined and duly cautioned made solemn oath to the truth of the above affidavit by them subscribed
Refers Benjamin Dugbee
Justice of the Peace

I hereby certify that I am well acquainted with Henry Arnold & Levi Bruce the signers of the foregoing affidavit that they are gentlemen of good reputation and entitled to full credit and belief - Byrge Byrge Justice of the Peace
State of Vermont Orange County Clerk's Office May 27 AD 1826. I H & B Laughlin Clerk of Orange County Court hereby certify that Benjamin Busbee of Randolph -ph in the County of Orange before whom the affidavits of William Corley, Darius Sprague, Jared Hyde, Joseph Cochran, Joseph D. Whitney, James Morrey, Henry Arnold and Levi Bruce herewith attached were taken, is a Justice of the peace within and for the County of Orange aforesaid acting under the authority of the State of Vermont and that his signature to the foregoing affidavit are in his own hand writing In Testimony whereof I have hereunto set my hand & affixed the Seal of the Court at this 27 th Day of May 1826 Attest H. E. G. H. Laughlin C. Clerk