Revolutionary War Pension and Bounty Land Warrant Application File R. 11749, Elijah Witham, Continental Mass.

SERVICE
NUMBER
Continental Mass,
Witham, Elijah Mehitable
R.11749
CONTENTS
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Eliza
Brookfield in the state of Vt who was a Private in the regim. Colonel Hinney of the Mass. one, for the term of One Year
scribed on the Roll of N. Hampshire at the rate of 8 Dollars per month, to commence on the 4 of April 1818
Certificate of Pension issued the 3 of Decr. and sent to D. M. Durell Esq. Dover New Hampshire
Arrears to 4th of Sep 1819  136. Semi-ann. all'ce ending Mar 1820  48. 3 Mo's 50  $124.35
{ Revolutionary claim, } { Act 18th March, 1818. }
Eliza Durell Dover New Hampshire

Elijah Witham
Rochester
16,120
not entitled
1st 3 Dec r 1819-
Nov r 1920
Witham, Elijah Cont-Mass. R11749

To the Justices of the Court of Common Pleas now sitting at Dover within and for the County of Strafford and State of New-Hampshire, on the first Tuesday of July, 1820.
Elijah Witham aged Sixty five , resident in Rockester in said County, comes into court, and in pursuance of an act of Congress passed on the 1st day of May, 1820, brings with him, and in his proper person exhibits to said Court a Schedule by him subscribed, containing his whole Estate and Income—his necessary clothing and bedding excepted—as follows:—
fifty seven acres of land situate in Rockester two Cows one Heifer one Ox Seven Sheep three small hogs — Articles of old house hold furniture $30 — farming tools worth $5 — and I am indebted to sundry persons, & for what my son has paid, in the sum $156 —
Elijah Witham
And the said Elijah Witham in pursuance as aforesaid produceth to said Court the following oath by him duly taken and subscribed:—viz.
I Elijah Witham 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.
Elijah Witham
And the said Elijah Witham doth here in Court further declare on oath, that he served in the revolutionary war as follows, viz.
He entered Nov: 1775 in the Company of Capt Silas Wild in the Regiment commanded by Col: Edward Phinney in the Massachusetts line. & served therein for the term of about one year & two months & was discharged at Fort Wm Henry on Lake George about the first of Jan'y. 1777 —

That the date of his original declaration in order to obtain a pension is 4 April 1818 and the number of his pension certificate is 16120 :—That his occupation is that of a Labourer & am not able to work at my occupation at all times That the number and names of his family residing with him, and their ages and capacities to contribute to their support, are as follows, viz.
My Wife Hitty aged 68 years not able to labour My Son John able to labour
Wherefore he prays the opinion of the said Court as to the value of the property contained in the said schedule, and that the same, together with a copy of the premises be duly certified to the Secretary of War.
Sworn and declared before the said court the fifth } Elijah Withams day of July 1820.
Attest, A. Peirce Clerk.
STATE OF NEW-HAMPSHIRE.....STRAFFORD ss.
AT a Court of Common Pleas holden at Dover within and for the county of Strafford and state of New-Hampshire, on the 5th day of July 1820 before
DANIEL M. DURELL, Esquire, Chief Justice, and
VALENTINE SMITH and } Associate Justices of said Court. SAMUEL QUARLES,
The aforesaid schedule and oath and the above declaration duly subscribed and sworn by the said Elijah Withams having been by him exhibited in person, and presented to the Court, and the same being seen and considered, it is the opinion of said Court that the value of the property contained in said schedule is Four hundred dollars, subject to his debts . Wherefore the Court order that a copy of the premises, together with the proceedings thereon be duly certified to the Secretary of War.
400 property 156 Debts owing
$244
Attest, A. Peirce , Clerk.
STATE OF NEWHAMPSHIRE.....STRAFFORD ss.
I, ANDREW PEIRCE, Clerk of the Court of Common Pleas within and for the County of Strafford, being a court of record, do certify that the foregoing schedule and oath, and the declaration annexed, with the proceedings and opinion of the court thereon are true copies from the Records and files of said court.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court, the 5th day of July — 1820.
A. Peirce , Clerk.

I John Witham of Rochester, County of Strafford and State of New Hampshire of lawful age depose and say that I am the son of Me- hitable Witham (who made a declaration in order to obtain a pension under the act of Con- gress passed July 7-1838) I further say I live in the family with said Mehitable Witham and that she has no documentary evidence in support of her claim to said pension John Witham
State of New Hampshire
Strafford ss October 13, 1838 Then The above named John Witham a man of truth personally appearing and made Solemn Oath to the truth of the foregoing affidavit by him signed Before me Ezekiel Hovey Justice of the Peace

Elijah Witham Prove etc 76 to 77 Phinney Map. to Ref.
Wanting the judges certificate that the applicant after producing an account and in place of the country assistance for support. Namitta
N. Hampshire
Elijah Witham's application for a pension
April 4. 1818.
Elijah Witham, private November 1775 to Jan'y 1776 in Colonel Scammons Regt Mass't line, transferred to Colonel Phinney Regt in Jan'y 1776 and served until Jan'y 1777
The evidence of two cred- ible and disinterested wit- nesses, duly taken and au- thenticated, is required.
On Rev. Col 10 June 1819 Phinney Refused

STATE OF NEW-HAMPSHIRE. } FIRST JUDICIAL DISTRICT, ss. }
On the 4 th day of April 181 8 , before me the subscriber, Chief Justice of the Courts of Common Pleas for the First District in said State, personally appeared Elijah Witham aged 62 — years, resident in Portsmouth in the said district, who being by me duly sworn, according to law, did, 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 in the revolutionary war:" That he the said Elijah Witham enlisted in said service in November 1775 in the state of Massachusetts — in the company commanded by Captain Samuel Leighton & Reg t commanded by Col. Scammons of the Massachusetts line to serve one year, that on the 1 st day of January 1776 he was transferred to the company commanded by Capt. Silas Wilds of the Massachusetts Reg t commanded by Col. Phinney , in which company he continued to serve in the service of the United States, until the 1 st day of January 1777, when he was discharged from said service at fort Edward , or fort George , on lake George , in the State of N. York — That he was in no battles, properly so called, but that he was in a skirmish against the British at Lehman's point , nigh Boston , & in a skirmish ag t the Indians nigh lake George — and that he is in reduced circumstances, and stands in need of the assistance of his country for support.
Sworn to and declared before me, the day and year aforesaid.
I, DANIEL M. DURELL , Chief Justice of the Courts of Common Pleas for the first District in the State of New-Hampshire, as aforesaid, do certify, that it appears to my satisfaction, that the said Elijah Witham did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy; 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
In witness whereof I have hereunto set my hand, and caused the seal of said Court for the County of Stratford in said district, to be affixed to the same, this 19 th day of March A. D. 181 9
By Order of the Judge A. Pierce, Clerk
D. M. Durell

On the _____ day of _____ 1819, before me the undersigned, Chief Justice of the Court of Common Pleas for the First District in said State, personally appeared _____ aged _____ years, resident in _____ in the said District, who being by me duly sworn, according to law, did, 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 in the revolutionary war." That he the said _____ enlisted in said service _____ in the state of _____ in the company commanded by Captain _____
State of New Hampshire Stratford ss _____ Nov 17. 1819
I certify that it has been made to appear to my satisfaction that the within named Elijah Whittcomb is in reduced circumstances & stands in need of the assistance of his country for support.
D. M. D. Ch. Just. b. b. Pleas in first District in said State.
[Handwritten signature]
I, DANIEL M. DUNN, Chief Justice of the Court of Common Pleas for the First District in the State of New Hampshire, do hereby certify that it appears to my satisfaction, that the said Elijah Whittcomb, in the circumstances stated in the foregoing declaration, is in reduced circumstances, and stands in need of the assistance of his country for support. In witness whereof, I have hereunto set my hand, and caused the seal of said Court for the County of _____ to be hereunto affixed, this _____ day of _____ 1819.

I John Good of Elliott in the County of York & Commonwealth Wealth of Massachusetts depose & say that I am well acquainted with Elijah Witham of Rochester in the County of Strafford & State of New-Hampshire whose deposition is herunto annexed - And I further say that some time in the month of March April A.D. 1776 I enlisted as a soldier into a Company of Infantry commanded by Capt. Elias Wild & entered the American service in said Company then stationed in Boston in said month of April or May, & at that time I found said Witham belonged in said Company same time the next summer we moved to Mount Independence & from there to Fort Edward, & I do testify that said William each remained in said Company & duly therein as a common soldier from the time I entered the same as aforesaid until about the first of January 1777 when we were both discharged from said service at said Fort Edward, the time for which we had enlisted having expired - Capt. Wilds Company belonged to Col. Phippys Regt. & was of the Massachusetts line
John G. Good
Strafford ss. April 7. 1818
Then John Good made oath that the above deposition by him subscribed is just & true. Before me D. D. D. Ins. Pease

DECLARATION.
In order to obtain the benefit of the act of Congress, of the 7th July, 1838, entitled "An act granting half pay and pensions to certain widows."
STATE OF NEW-HAMPSHIRE.
STRAFFORD SS.—On this nineteenth day of September A.D. 1838 personally appeared before the Mr Ezekiel Hurd one of the Justices of the Court of Common Pleas Mochitable  Witham a resident of Rochester in the County of Strafford, aged eighty two years, who, being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 7, 1838, entitled "An act granting half pay and pensions to certain widows:" That she is the widow of Elijah Witham who was a Soldier in the Revolutionary war  enlisted in Hitting Maine (then Massachusetts) and belonged to the Massachusetts line ; he served according to the best of my knowledge three years as a private in said war and was placed on the pension roll Dec. 3 d 1819 and was paid off at Portsmouth N.H. as may be seen by his papers now at the pension office.
She further declares that she was married to the said Elijah Witham — on the tenth day of January in the year seventeen hundred and eighty eight that her husband, the aforesaid Elijah Witham died on the eleventh day of November  eighteen hundred twenty five that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety-four, viz : at the time above stated.
Sworn to and subscribed, on the day and year above written, before
Mochitable A. Witham Ezekiel Hurd one of the Justices of the Court of Common Pleas Daniel Jenness
Witnesses. Ezekiel Hurd Daniel Jenness
I hereby certify that the applicant cannot, from bodily infirmity, attend the court.
Ezekiel Hurd one of the Justices of the Court of Common Pleas

State of New Hampshire Strafford p - I Francis Cogswell Clerk of the Court of Common Pleas for said County hereby certify that Ezekiel Lund is a Justice of said Court and that I believe the within signatures purporting to be his are genuine - In testimony whereof I have hereunto set my name and affixed the Seal of said Court This twenty second day of October A.D. 1838 -
Cogswell Clerk.

Acts of July 14, 1862, and March 3, 1870.
11749
P. O. Mehitable Withham
Service: _____
REJECTED REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Elizabeth 1828 widow of Elijah
Act of July 1828
Let to F. Bogswear
27 Apr 1839

Mehitable Witham widow of act 36, susp d Elijah poor of the Sharon 66- N. H.
Elizabeth Loney, widow of Jacob Loney of N. H. act 36 th susp d

New Hampshire

Lower N. H. 22 Oct, 38
Rev James L. Edwards,
Inclosed I send you the papers of Mrs Witham, in order to obtain her a pension. Please send the result some
Reply Yours
Francis Cogswell.

E. Witham
Widow Witham
Payable semi-annually. The first payment on this Certificate will be made on the 4th of March, next, in New Hampshire, at the Branch Bank of the United States, Portsmouth.
Respectfully
Witham, Elijah Cont-Mass. R11749

War Department.
REVOLUTIONARY CLAIM.
I CERTIFY that, in conformity with the Law of the United States, of the 18th March, 1818, Elijah Witham, of Rochester, New-Hampshire — # — # — # — late a private — # — in the Army of the Revolution, is inscribed on the Pension List, Roll of the New-Hampshire Agency, at the rate of Eight dollars per month, to commence on the fourth day of April one thousand eight hundred and eighteen .
GIVEN at the War Office of the United States, this third — day of December , one thousand eight hundred and nineteen .
E Vanderburgh Acting Secretary of War.

Commonwealth of Massachusetts.
County of York, ss: Be it known, that, on this fifth fourth day of October, in the year of our Lord one thousand eight hundred and nineteen, personally appeared Levi Hutchings of Alfred in the County of York aforesaid, aged seventy years, and made solemn oath, that he was a private soldier in Captain Silas Wilds' company, in Colonel Edmund Phinney's Regiment, in the Massachusetts Line, during the whole of the year one thousand seven hundred and seventy six; that he joined the said company & Regiment, at Boston, Massachusetts, on the eighteenth day of March, 1776, and continued with said company till about the first of December, 1776, when he was furloughed from Fort George; during all which time he was well acquainted with Elijah Witham, who was a private soldier in the same Captain Wilds' company, for period of one year; that said Elijah Witham was a good & faithful soldier, and at the time of his enlistment belonged to Kittery in said County of York, and now resides in the town of Rochester, State of New Hampshire, having this day seen and recognized him to be the same Elijah Witham. During the same period this deponent was personally acquainted with Jacob Emery, now living in Waterborough in said County of York, who was a private soldier in the same company. Levi Hutchings

Commonwealth of Massachusetts. County of York, ss: Town of Alfred, October 15 , 1819. Personally appeared the within named Levi Hutchings, to me known, and believed to be a credible witness, and made solemn oath to the truth of the within Affidavit, by him subscribed in my presence.
Before me, Jeremiah Goodwin, Justice of the Peace.
County of York, ss:
On this fourth day of October, in the year of our Lord one thousand eight hundred and nineteen, personally appeared Jacob Smery of Waterborough in the County of York aforesaid, aged fifty sixty of years, and made solemn oath, that he was a private soldier in Cap- tain Silas Wilds' Company, in Col: Edmund Phinney's Regi- ment, in the Massachusetts Line, during the whole of the year seventeen hundred and seventy six, having joined said Company at Boston Cambridge, in January, 1776, & continued to march and serve therewith till January 1, 1777, when he was discharged at Fort George, at the South end of Lake George, in the State of New York; that during the whole period of 1776, he was well acquainted with Eli- jah Witham, who was a soldier in the same Company, for the period of one year, having joined the said Com- pany at Cambridge, in January 1776, and served there- with, till the first of January 1777, and was Honorably discharged, at said Fort George, at the time of this defendant's discharge, as aforesaid; that the said Elijah Witham was a good and faithful soldier, and at the

time of his enlistment belonged to the town of Kittery in the County of York aforesaid, now residing at Rochester in the County of Strafford and State of New Hampshire; that he, the deponent, has this day seen and recognized him to be the same Elijah Witham, soldier as aforesaid. Jacob Emery
County of York, ss: Be it known, that on the day & year before written, personally appeared Jacob Emery, to me well known, and believed to be a credible witness, and made solemn oath to the truth of the foregoing Affidavit, by him subscribed in my presence, at Waterborough in the County of York aforesaid County of York. Before me, John Seaborn Justice of the Peace.
Commonwealth of Massachusetts.
County of York, ss: In testimony, that Jeremiah Goodwin of Alfred, and John Scribner of Waterborough, in the County of York aforesaid, esquires, before whom the foregoing Affidavits were taken, were Justices of the Peace in and for said County of York, on the days of the date of the foregoing affidavits, and that the same bear their respective signatures, I, as Clerk of the Judicial Courts for said County, hereunto subscribe my name, and affix the seal of the said Courts, this fifth day of October, in the year of our Lord one thousand eight hundred and nineteen. Daniel Sewall, Clerk.

I Mary Snell of Dover county of Strafford and state of New Hampshire of lawfull age depose and say that not far from fifty years ago I was present at the marriage of Elijah Witham to Mehitable Horne, and was present in the room with them and heard the marriage ceremony pronounced by the Rev. Robert Gray then an ordained Minister of the Gospel settled in said Dover. I further testify and say I know said Mehitable Witham the reputed widow of said Elijah and that she is the identical person that was married to said Elijah Witham at the time above referred to
Attest
Mary + Snell Mark
Ezekiel Hovey Samuel G. Snell
State of New Hampshire
Strafford ss October 13. 1838 Then the above named Mary Snell personally appearing made solemn oath to the truth of the foregoing affidavit by her subscription. Before me I certify she is a person considered of truth
Ezekiel Hovey justice of the Peace

State of North Hampshire
Shofford p - I Francis Cogswell Clerk of the Superior Court of Judica- ture for said County hereby certify that Ezekiel Plurd is a Magistrate as within and that I believe the signatures purporting to be his on the three annexed affidavits are genuine
In testimony whereof I have hereunto set my name and affixed the Seal of said Court this twenty second day of October A.D. 1838 - F. Cogswell, Clerk.

A. A. Tufts & Geo Piper -

State of New Hampshire
Shafford County ss.
I Asa A. Tufts of Dover in the State of New Hampshire and Clerk of the Church of the First Parish in Dover aforesaid depose and say that I have the records of said Church in my possession and that it appears from said Records that Rev. Robert Gray was the Pastor of said Church and Parish from seventeen hundred eighty seven to eighteen hundred five - I further say that there is no record of any marriages solemnized by Rev. Mr. Gray among the Church Records of said Church - That the marriages solemnized by Rev. Dr. Belknap, who was the predecessor of Mr. Gray and who was dismissed in seventeen hundred eighty six, are recorded. I also say that I do not find any where on record the marriage of Elijah Witham with Mehitable Horne although I have searched for that purpose.
Asa A. Tufts
State of New Hampshire
Shafford County ss.
On this 21 st day of September
1838 the above named Asa A. Tufts, who is a person of truth, personally appeared and made solemn affirmation to the truth of the above declaration by him subscribed.
Before me
Francis Cagswell, Jr. Peace

I George Piper of Dover in the County of Shafford and State of New Hampshire depose and say, That I am Clerk of said Dover and have in my possession the books and records belonging to said town -
I further say that I have searched the Records of Marriages belonging to said town and cannot find the marriage of Elijah Witham with Mehitable Horne on Record - I further say that there are records of marriages by Rev Dr Belknap - but no record of any marriages that purport to have been left by Rev Mr Gray for Record -
(Geo. Piper)
State of New Hampshire Shafford County ss -
Sworn to and subscribed on this 21 st September 1838 by the said George Piper, who is a man of truth and veracity -
Before me
Francis Cogswell, Justice
State of New Hampshire Shafford ss. I Francis Cogswell Clerk of the Superior Court of Judicature for said County hereby certify that Francis Cogswell is a Magistrate in force and that the foregoing signatures purport- ing to be his are genuine.
In testimony whereof I have here to set my name and affixed the Seal of said Court this twenty second day of October 1838 - Cogswell

2781 Mehitabel Witham Wid of Elyab M H At July 7. 1838 Mama 1788 died 1825

I Daniel Jennys of Rochester County of Strafford and State of New Hampshire age sixty six years depose and say I have lived a neigh- bor to Elijah Witham and his wife Mehitable Witham thirty years prior to the death of said Elijah which took place the eleventh day of November eighteen hundred and twenty five that said Elijah and Mehitable lived together as man and wife during all of said thirty years and I always supposed them to have been married to each other and never heard it doubted by any one - I further depose and say in my opinion said Mehitable never was married to any other person after the death of said Elijah and if she had been I feel confident I must have known it as I live and have for more than forty years within half a mile of said Me- hitable and the nearest neighbor but one
Daniel Jennys
Strafford ss September 19-1838 Then personally appeared the above named Daniel Jennys a man of truth and made solemn affirmation that the above affidavit by him signed is just and true before me
Ezekiel Hurd Justice of the Peace

BOUNTY LAND WARRANT RECORD CARD*
NAME Witham, James GRADE Private LINE Massachusetts
WARRANT NUMBER 5227 ACREAGE 100 ISSUED Dec. 13, 1792 To — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.