Revolutionary War Pension and Bounty Land Warrant Application File S. 19163, Joseph Witt, Mass.

SERVICE
NUMBER
Mass.
Witt, Joseph
S. 19163
carded
CONTENTS

10.072  Massachusetts  Joseph Witt
of Hamp in the State of Mass who was a Private in the company commanded by Captain _____ of the regt commanded by Col Pomeroy in the Mass line for 14 Days 10 Days
77 Hampshire
Inscribed on the Roll of Mass at the rate of 47 Dollars 76 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 th day of Mar 1833 and sent from I. Bates Northampton Mass Arrears to the 4th of Mar 1833 $95.52 Semi-ant. allowance ending 4 Sep " 23.88 $122.30
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S F B Blair Clerk, Book 20 . Vol. 2 nd Page 90.

Joseph Witt N o 4370
Thurs
14 Months & 10 days
after
Metropolis Nat Club
to be credited
Nov 24 1832
$47.76
for J. C. Bates
Northampton
Mass
C. R. Huntington
Northampton Mass

BRIEF in the case of  Joseph Witt of the County  of  in the State of  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Scituate  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75 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.     In 1776 Sept. — 2 10 Private Gen. Maj. Rand, Capt. Paige   " Decr — 3 — ditto Col. Pomeroy, Capt. Smith   " 79 — 6 — d o Col. Tyler, Capt. Woodbridge   " 80 June — 3 12 d o Col. Murray, Capt. Alvord  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Granby & Braintree  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Depositions  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bell Examining Clerk.

Joseph Witt Declaration P l - N o 4370

Commonwealth of Massachusetts County of Hampshire
On this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty-two personally appeared in open court before the Judge of the Court of Probate now sitting, Joseph Witt a resident of Grafton in the County of Hampshire and Commonwealth of Massachusetts, aged seventy-five 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 early in September 1776 he enlisted for the term of two months in the Massachusetts State Troops in a company commanded by Capt. Timothy Paige, does not recollect the name of the Colonel - Major Rand one of the Regiment Officers. He was residing in New-Braintree in the County of Worcester Commonwealth aforesaid when he enlisted. That he joined the Company at Hartford Connecticut, and went with it to Dobbs Ferry, New-York, on the North River five miles from White Plains and there joined his Regiment - that he remained there and near there with the Regiment watching a British man of war, and two tenders, and on the 16 th of November 1776 marched to North Castle New York and November 17. 1776 was there dismissed having served two months and about ten days - No other troops were stationed with us at Dobbs Ferry -
That about the first day of December 1776 he enlisted for the term of three months in the Massachusetts State Troops, in a company commanded by Capt. Oliver Smith - 1 st Lieut. Thomas Hastings - 2 nd Lieut. Eleazer Warner - and in the Regiment under the command of Col. Seth Pomeroy - that he proceeded with the company to Peekskill, New-York, and there joined his Regiment. that he remained there about six weeks, from thence went with the Regiment to Morristown New-Jersey, and was there stationed and remained with the Regiment till he was dismissed March 18. 1777 - and was allowed ten days to return home, having served three months and nineteen days , and was allowed pay for that time - that while at Peekskill Col. Pomeroy died, and he believes from that time Major Williams had command of the Regiment - Gen. Washington had command of the Army at Morristown - that he resided in said Granby when he enlisted -
That in July 1779 he enlisted in the Massachusetts State Troops for the term of six months in a company under the command of Capt. Joshua L. Woodbridge, & Lieut. — Sackett - in the Regiment commanded Col. Nathan Tyler, Lt. Col. — Putnam - Major. Josiah Lyman - that he proceeded with the company to Providence, and there joined his Regiment and there remained in the service till in October 1779 when he was dismissed, having procured a substitute to take

take his place for the last three months - that he served the full term of three months - resided in said Granby when he enlisted -
That early in June 1780 he enlisted for the term of three months in the Massachusetts State Troops in the company commanded by Capt. Jos. Alvord. 1 st Lieut. Azariah Alvord - 2 nd Lieut. Moses Stone - and in the Regiment under the command of Col. Seth Murray - that he joined the Regiment at West Point, New York, that he was there stationed and remained in the service of the United States until he was dismissed in October 1780 - that he served three months and twelve days , and received pay for that time, we being allowed twelve days for going to and returning from service - That Genl. Arnold was in command of the troops there till the discovery of his treason - when Genl. Wayne took command, and remained in command till the arrival of Genl. Greene -
That he was born in North-Brookfield in the county of Worcester, & on or about January 2, 1757 - knows of no record of his age - that he moved to Granby his present place of residence in 1771 where has since continued to reside except during the summer of 1776 - when he resided in New-Draintree aforesaid - he never received a written discharge - knows of no documentary evidence of his service except that contained in the Muster Roll of Col. R. Woodbridge of his being mustered before him in 1779 & 1780 - and of no evidence of his service except that contained in the affidavits of Giles Lyman - Ebenezer Richardson & Gershom Preston hereto annexed -
We 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, or (if any on that of the agency of the State of Massachusetts - See
Sworn to and subscribed the day and year aforesaid Joseph Witt Before me Samuel Hinskeley Judge of Probate for said County
We Elijah Gridley a clergyman residing in Granby aforesaid, and John Montague residing in said Granby hereby certify that we are well acquainted with Joseph Witt who has subscribed and sworn to the above declaration - that we believe him to be seventy five 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 - Sworn, & subscribed the day & year aforesaid Elijah Gridley John Montague Samuel Hinskeley Judge of Probate
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 Elijah Gridley who has signed the preceding certificate is a clergyman resident in said Granby and that John Montague who has also signed the same is a resident in said Granby, and is a credible person, and that their statement is entitled to credit.
I Samuel F. Lyman Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joseph Witt for a pension - In testimony whereof I have hereunto set my hand and seal of office this fifteenth day of August A.D. 1802
Sam. F. Lyman

I Gardner Preston of South Hadley in the county of Hampshire Commonwealth of Massachusetts being duly sworn make oath and say that I am well acquainted with Joseph Witt of Granby in said county of Hampshire, and now present, that about the first day of December 1776 said Witt enlisted for the term of three months in the Massachusetts State Troops in the company commanded by Capt. Oliver Smith, in the Regiment under the command of Col. Seth Pomroy. That he started with the company in the early part of said December and joined the Regiment at Peekskill. New York. That said Witt remained there in the service about six weeks - from thence he went with the Regiment to Morristown New Jersey - and said Witt there remained with the Army till he was dismissed in the latter part of March 1777 - that said Witt served his full term of three months, and in addition nineteen days, and was allowed pay for three months and nineteen days - the nineteen days being allowed as for going to & returning from the service - That early in June 1780 said Witt enlisted for the term of three months in the Massachusetts State Troops in the company commanded by Capt. Job Alvord, in the Regiment under the command of Col. Seth Murray - That said Witt joined the Regiment at West Point, New York, that he was then stationed and remained in the service until he was dismissed in October 1780 - and served in the United States about three months and twelve days, and received pay for that time, we being allowed twelve days for going to and returning from the service - That I have a personal knowledge of the service of said Witt during both of said terms as I served in the same company at the same time - That said Witt resided in said Granby at the time of both said enlistments - That he is a credible person and I should verily believe what he might say in his declaration in regard to his services - that his name appears upon the original Company Roll now in my possession & then kept by me - Gardner Preston
Commonwealth of Massachusetts - Hampshire ss August 14, 1832
Then personally appeared the above named Gardner Preston, a credible person, and made oath to the truth of the foregoing affidavit by him subscribed - Sworn - before me - Edward Hooper Justice of the Peace -

19163 INVALID.
File No. 19163
Joseph Witt
Pr. Rev War
Act: June 7 th 82
Index:—Vol. 1 , Page 422
[Arrangement of 1870.]

Sept 1-96. History to Mrs M.E.W. Byington City K

No 4370
Joseph Witt
C. P. Huntington
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joseph Witt 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? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what 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?
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? no And is the official character and signature of the magistrate certified by the proper officer under his seal of office? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
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.

Giles Lyman of Sheburne in the County of Franklin & Commonwealth of Massachusetts, formerly resident in Belchertown in the County of Hampshire & Commonwealth aforesaid being duly sworn, depose & say that I am well acquainted with Joseph Witt of Granby in the County of Hampshire aforesaid - that in July A.D. 1779 said Witt enlisted to serve in the Massachusetts State Troops for a term of six months. He was in the Regiment of Col. Nathan Tyler in the Company under the Command of Capt. Joshua L. Woodbridge. That said Witt proceeded with the Army to Providence Rhode Island - & that said Witt remained with the Army I should judge about three months. I was with the Army at the same time, & have a personal knowledge of the service of the said Witt - That said Witt is a credible person, & that his statement in relation to his services is entitled to credit - Giles Lyman Commonwealth of Massachusetts Hampshire July 30. 1832
Then personally appeared the said Giles Lyman & made oath to the truth of the foregoing affidavit by him subscribed -
Sworn. Before me Edward Hooker Justice of the Peace Commonwealth of Massachusetts - Hampshire ss. December 18. 1832
I hereby certify that the above named Giles Lyman, who signed the foregoing affidavit is a credible person - Edward Hooker Justice of the Peace Ebenezer Pomroy of Hadley in the County of Hampshire & Commonwealth of Massachusetts, being duly sworn make oath and say that I am well acquainted with Joseph Witt of Granby in said County - That in December 1776 said Witt enlisted for the term of three months in the Company commanded by Capt Oliver Smith, in Col Seth Pomroy Regiment, in the Massachusetts State Troops that said Witt with the Company joined the Army at Peekskill New York, that after remaining there about six weeks he went with the Army to Shorrystown New Jersey and was there discharged, after a service of three months and nineteen days - by said Witt That I have a personal knowledge of the service of said Witt as I served at the same time in the same Company - That said Witt is a credible person, & I should verily believe what he might state in his declaration in regard to his services -
Ebenezer Pomroy

That said Will is a credible person, & I should verily believe what he might state in his declaration in regard to his services -
Eben n Pomroy
Commonwealth of Massachusetts Hampshire ss. August 8, 1832 }
Then personally appeared Ebenezer Pomroy signer of the foregoing affidavit, a credible witness, and made oath to the truth of the facts therein stated - Sworn, Before me Edward Hooker Justice of the Peace -
Commonwealth of Massachusetts.
HAMPSHIRE ss. I, SAMUEL F. LYMAN, Register of the Court of Probate in and for said County, do hereby certify that Edward Hooker Esquire, before whom the annexed depositions (2) were taken, is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this fifteenth day of August A. D. 1832.
Sam l F. Lyman Register of Probate.
I hereby certify that it appears from the Muster Roll, now in my possession, kept by Col. Ruggles Woodbridge, Muster master, deceased that the name of Samuel Preston of the County of Hampshire  the County of Hampshire Commonwealth of Massachusetts was entered on said Roll as mustered July 4, 1780 for three months service - Age thirty two years - stature 5 ft. 10 inches - That I verily believe said Roll to be in the hand writing of said Woodbridge, and that it was deposited in my hands by Joseph Strong, heir & Executor of said Woodbridge and now a resident of the State of New York South Hadley August 14, 1832, Edward Hooker Commonwealth of Massachusetts
Hampshire ss. December 18. 1832 } I hereby certify that Giles Lyman one of the aforesaid deponents who signed the foregoing affidavit, is a credible person - Edward Hooker Justice of the Peace

COMMONWEALTH OF MASSACHUSETTS.
Hampshire ss.
I, SAMUEL F. LYMAN, Register of the Court of Probate within and for said County of Hampshire, do hereby certify that Edward Hooker Esquire, by whom the annexed deposition  Certificate is Signed , was, at the date thereof, one of the Justices of the Peace within and for said County, duly and regularly appointed, and that the signature thereto annexed purporting to be his, I know to be genuine.
IN testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this twentieth day of December A. D. 183 2
Sam F. Lyman Register of Probate.