Revolutionary War Pension and Bounty Land Warrant Application File S. 29547, Lemuel Winchester, Mass.

SERVICE
NUMBER
Mass.
Winchester, Lemuel
S. 29547
CONTENTS

15790 Massachusetts
Samuel Winchester
of Danvers in the State of Mass who was a Pvt. in the Company commanded by Captain Worthy of the Regt. commanded by Col. Read in the New line for 3 months Pvt. 5
8 " Sergeant 3
Time
Inscribed on the Roll of Massachusetts at the rate of 50 Dollars ~ Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 25 day of May 1833 and sent to Benjamin Merill Salem Mass
Arrears to the 4th of March 1833 $100.00 Semi-ant. allowance ending Sept 1, 25.00 $125.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. H. Johnson Clerk, Book 6 Vol. 2 Page 90
gn Eph

Samuel Winchester
Small 3 months Sept. 8 " , Adm
10 43 2.50 15.50
By Merrico Salon Map

BRIEF in the case of  Samuel Winchester  in the State of Maine  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes  3. How old is he? 92 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.     April In 1775 — 8 — Sergt Col. Crossby Col. Reed   Feb 1776 — 3 — Private Col. Grafton  
The Claimant states that he cannot recollect the month or year when his last services were performed when none of his Col.
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? New Hampshire  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Collett Examining Clerk.

10.057.
Samuel Winchester
Sergeant
Please reply to Brig Merrill Salina. Mass.

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this twenty ninth day of August A. D. 1832, personally appeared in open court, before the HONORABLE Samuel Putnam  Samuel Putnam a Supreme Judicial court of Massach. Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Samuel Winchester , a resident of Danvers , in the County of Essex and State of Massachusetts, aged 92 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:
That after the Battle of Lexington in April 1775 he as a Volunteer enlisted and served as a Sergeant in Capt Crosby's Company in Col James Reed's Regiment in the New Hampshire Line on the Continental Establishment at Cambridge Eight months till the end of 1775 and was discharged there: -
He afterwards at Lexington in Massachusetts was hired as a substitute and enlisted in Capt Gould's Company and served Three months therein and was honorably discharged:
He is broken in body and memory, being in his 93d year: he cannot remember any other particulars as to the month or year of his second enlistment, or the name of his Colonel or other Officers except the Captain.
He was born at Brookline in Massachusetts in 1740 - lived there till he was 21 years of age: then removed to Reading, Lynnfield, and Amherst, and in 1815 to Danvers where he now dwells.
He never had a written discharge and has no record of his age.
He is known to Rev. Mr. Braman and to Ebenezer Porter  Ebenezer Porter a Magistrate, both of said Danvers & to many others.

Capt Gourd aforesaid belonged to and resided at Stoneham in Middlesex County.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State.
[Signature] X Winchester mark
Sworn to and subscribed the day and year aforesaid
Samuel Dutton a JUDGE OF Essex Prob. Ind Court
We, Milton P. Braman a clergyman, residing in Danvers aforesaid, and Zenolle Porter Esquire, a magistrate, residing in Danvers aforesaid, do hereby certify that we are well acquainted with Samuel Winchester who has subscribed and sworn to the above declaration; that we believe him to be 92 years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
[Signature] Milton P. Braman
Subscribed and sworn to before me
George Osgood [Signature] Justice of the Peace

And the said Court further declares that the said Samuel Winchester by reason of extreme age and decrepitude is unable to attend personally in open Court.
And the said Court hereby declares its opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that  who has signed the preceding
Certificate, is a Clergyman resident in
and that the said
who
has also signed the same is a Magistrate resident at
and is a credible person and that
their statement is entitled to credit. and I certify that the Rev. Milton P. Braman is a Clergyman and Zechariah Porter Esq. is a Magistrate, and both dwell in Danvers and are credible and respectable.
Salem 29 Aug. 1832 Samuel Putnam Judge of Sup. Jud. Court
John Prince jr Clerk Com: Pleas & Sup. Jud. Court I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Winchester for a pension, and that George Osgood Esq. is a Justice of the Peace duly qualified to administer oaths and Hon Samuel Putnam is a Judge of the Supreme Judicial Court of said State, and the foregoing are their respective genuine signatures.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this twenty ninth day of August A. D. 1832.
John Prince jr Clerk

29 547 Very INVALID.
File No. 29,547
Lemuel Winchester
Sergt Rev War
Act: June 7 th 82 nd
Index:—Vol. 9 , Page 45 1/2
[Arrangement of 1870.]

Samuel Winchester

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Samuel Winchester Lawrence  the 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? no 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? no 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? 111 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? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 111 Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 44 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? 111 XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.