Revolutionary War Pension and Bounty Land Warrant Application File R. 11757, William Witter, Conn.

SERVICE
NUMBER
Conn.
Hitter, William
R. 11757
CONTENTS

No 9241 William Witter
proofregt
4.17
P 121.
Tho s Beals Canandaigua N.Y.

BRIEF in the case of  William Witter  of Gorham in the State of N. York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy three years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     October In 1779 6 Private Col: Sedgwick Connect.   date of drafting not given 2 Col: Smith do   " " do " " 1 Col: Stanton, or Williams   " " do " " 1 Sergeant's Guard  
 5. In what battles was he engaged? None stated  6. Where did he reside when he entered the service? Gorham Connecticut  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence alone  8. Are the papers defective as to form or authentication? and if so, in what respect? the papers are correct in form and authentication 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm Gordon Examining Clerk.

9241 William Miller
Thomas Beals Agent Canandaigua —

State of New York Ontario County } ss: } p:
On this twenty eighth day of August 1832 personally appeared in open court before the judges of the county court now sitting William Witter a resident of the town of Gorham, county and state aforesaid, aged seventy three years, who being first duly sworn according to Law, doth on his Oath make the following declaration in order to obtain the benefit of the act of Congress, passed June 7. 1832.
That he entered the service of the United States under the following named Officers and served as herein stated.
1 st At Stonington in the State of Connecticut on the first day of October 1779 he enlisted in Captain William Lathams Company and was marched to Fort Lynewold under the Command of Colonel Sed yard and done duty in the Fort six months and at the end of six months, to wit, on the 1 st day of April 1780, was discharged and went home to Stonington. 2 d At Stonington as aforesaid in the same year, after Harvest (the day and the month not remembered) he was drafted for three months, and then enlisted in the Continental Army in William Stanlons or John Williams Company in Colonel Oliver Smiths Regiment at Stonington Point, and there procured a substitute named Sharper and then returned home was discharged by the Colonel 3 d After this was drafted for two months in Captain Swans Company in Colonel Smiths Regiment and served out the same at Stonington Point 4. After this was drafted for one month and was stationed at Lynton Ferry - this was in Captain Stanlons or Captain Williams Company, cannot tell which of them - served out the full term and then was discharged 5 At Masons Island at Stonington was drafted for One month and served out the time.

This was a Sergeants Guard He has no documentary evidence and knows of no person no living who served with him.
He hereby relinquishes every Claim whatever to any pension or annuity except the present and declares his name is not on the Pension Roll of the Agency of any State.
He was born in Preston County of New London and State of Connecticut on the 16 th March 1759 and at the age of 7 years moved to Stonington in said State and lived there when he entered into the service of the United States. About 18 years ago moved to Lebanon in Connecticut and three years after moved into Gorham where he now resides. He has a record of his age in a family Bible which belonged to his Father.
He knows Joseph Merrill and Jacob Barkman.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the Pension Roll of the agency of any State.
Sworn and subscribed to the day and year aforesaid in Open Court.
William Witter
We Joseph Merrill a clergyman formerly residing in the Town of Gorham in the County & State aforesaid now residing in the Town of Seneca in the County of Seneca & State aforesaid and Jacob Barkman residing in the said Town of Gorham do hereby certify that we are well acquainted with William Witter who has subscribed & sworn to the above declaration that we believe him to be seventy three years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion.
Subscribed and sworn to the day & year aforesaid in Open Court.
Joseph Merrill. Jacob Barkman

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War department, that the above named applicant was a Revolutionary soldier, and served as he states. And the court further certifies that it appears to them that Joseph Merrill who has signed the preceding certificate is a Clergyman residing in the town of Junius in the county of Seneca, and formerly a resident of the town of Gorham county of Ontario, and that Jacob Barkman, who has also signed the same is a resident of said town of Gorham, and is a credible person, and that their statement is entitled to credit.
I, Charles Crane, Clerk of the said court, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William Witter for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this first day of September A. D. 1832.
Charles Crane

701
William Witter
Oct July 7 th 188 6
A. H. Markland

State of New York County of Ontario
Be it Known, that on this 23 day of November A. D. 185 2 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Esther Wells , daughter of William Pitts late of Gorham deceased resident of Gorham in said County, and made oath according to law that she is the legal heir of the said William Pitts who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 4 . That she is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint C. W. BENNETT , of Washington City, my true and lawful Attorney to prosecute the claim of William Pitts for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Esther Wells
Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Esther Wells to be directly interested in said claim as set forth, and to be the identical party therein alleged.
William T. Smart Justice of the Peace in and for said County
State of New York County of Ontario
County Ontario
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Ontario County that Esther Wells the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the daughter of William Pitts  (Pitts etc.) reputed soldier aforesaid. I further certify, that William T. Smart Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office,
this Eighth day of December 185 2
Reuben Murray Jr Clerk
1. Claimant's name or names in full.—2. Post Office address. 3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

New York
Revs:
Wm Witter
Suspended
at Trial, 20 July
1833
Set to Trial 20 Sept - 34
11757
Act 7 June 32

11757
3-068.
(Old No. 3-649.)
5-50
Bureau of Pensions.
Wm Walter
Aug 28, 1832. - 73
Gorham N.Y.
Oct. 1, 79 Stonington
Conn
Capt Wm Latham
Cal Sedgwick
Pvt - 6 m
Pvt 80 New Stanton
Cal Henry Smith
Capt Dwan
Cal Alvin Smith
Pvt. 2 m
Pvt Stanton
Cal. 20
Pvt - 1 m
Pvt - 1 m
Born Preston Conn
Mar. 16, 1759

Acts of July 14, 1862, and March 3, 1873.
Oct. 17-1903 - Histr to Gertrude E. J. Bartwell Frankhamock Pa.
REJECTED
11757
P. O. William Ritter
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
Cert of Dis Searched for _____ 18

Sitter

Canandaigua 11 th Sept 1834
A. G. Carradys Esq r Comm r of Rev s
Sir
On the 27 th Aug t 1833 I sent to you the amended declaration of William Witter, which has not yet been acknowledged, which I conclude has been overlooked and request your attention to his case -
Respectfully -
M c Manus Pratt

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of William Witter which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Not all of them V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? The Court Certify that the interrogatories were put to the applicant - not all embodied.
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
† QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

State of New York } In the matter of William Witter's Ontario County } application for a pension
Personally appeared before me the undersigned a justice of the peace in and for said county William Witter who being duly sworn according to law deponeth and saith, that when he made his application for a pension before the County Court on the 28 th day of August 1832 to which this is an amendment, he supposed he had complied with the requirements of the War Department.
He is now required to mention with precision the periods of the War in which he served and to answer the seven interrogatories prescribed by the War department which he now answers - The four first interrogatories are answered in his original declaration - to the 5 th interrogatory he now says, that he does not remember that any general officer came on the station where he served nor was there any other Regiment then than that to which he belonged - to the 6 th interrogatory he now says, He has no documentary evidence, nor never had any - The 7 th interrogatory he has answered.
He served in the year 1779 as under his first head not less than six months, under his 2 d head he does not claim, as he hired a substitute which was accepted - Under his 3 d head he served not less than two months, and under his 4 th head he served not less than one month, and under his 5 th head not less than one month, and in all not less than five months, for which he claims a pension. That owing to the infirmities of age, and the consequent loss of memory, he cannot state any more particularly the periods of the War; than is set forth in his original declaration, but is positive that he served the five months as before stated -
William Witter
Sworn to and subscribed } this 11 th day of February 1833 } before me - Intestate before sworn to "not less than one month, and in all"
Henry Chapin S.P.

State of New-York, } Ontario County ss. } I, Charles Crane, do hereby certify that Henry Chapin, whose name is subscri- bed to the within certificate of Affidavit, was, at the date thereof, a Justice of the Peace in and for said county; and that I am well acquainted with his hand wri- ting and verily believe the said signature to be his proper act and deed.
In testimony whereof, I have hereunto set my hand and seal of office, this twelfth day of February A. D. 1833
Charles Crane Clerk of said County }