Revolutionary War Pension and Bounty Land Warrant Application File S 35131, James Witham, Mass.

SERVICE
Mass.
Witham, James
NUMBER _____
NUMBER 8 351 31
CONTENTS

14. 302
302
R
District of Maine
James Witham
of Hittery in the state of Me D of Maine who was a Private in the regiment comman Colonel Pote of the Massac line, for the term of Three Years
Inscribed on the roll of District of Maine at the rate of 8 Dollars per month, to commence the 13 of April 1818
Certificate of Pension issued the 13 of Sep-18 and sent to Benj m Green Esq r S. Berwick D of Maine
  Arrears to 4th of  Sep-1819.  133. 8    Semi-ann. all'ce ending  1/4 Mar 1820.  48. 0    16 Mo. 22 / 30   $181. 8  
{ Revolutionary claim, } { Act 18th March, 1818. }
Continued

Notification sent July 24 th 1820 to Daniel Small, Fennibank, Maine, Lib. to W. H. D. Hackett Dec. 4 th 1848

Portsmouth N. H. July 25. 1848
James L. Edwards Esq Your Pensions Sir
James Whittum late of Kittery Maine served in the Rev. War, and at the time of his death earned a Pension of $ 8.00 per month. He married in 1782 Olive Black of said Kittery, and died Oct 3. 1832 leaving the said Olive his widow who survived him till May 1837 when she died.
One of said James daughters, who has just lost her husband in the public service, enquires of me if her mother was not entitled to a Pension, and as she did not receive it whether the right does not now devolve to her children?
If this right does survive I shall feel obliged if you will furnish me with the regulations of the Depart- ment of to be observed in such cases.
I am Your obed Servt
W. H. G. Babbitt

James Witham
Witter
14. 302
can
March 1820

STATE OF MAINE.
York ss.....At a Circuit Court of Common Pleas for the first Eastern Circuit, begun and holden at Yorke , within and for the County of Yorke , on the first Tuesday of July , being the fourth day of said month , and by adjournment  from day to day, on the day of in the year of our Lord one thousand eight hundred and twenty, before the Honorable Benjamin Greene, chief Justice . Judge of said Court.
ON this fourth day of July , in the year 1820, personally appeared in open Court
the same proceeding according to the course of the common law, having jurisdiction unlimited in amount, keeping a record of their proceedings, and having "the power of fine and imprisonment," and being a Court of Record for said County . James Witham aged sixty three years, resident in Hillery in said County , who being first duly sworn according to law, doth on his oath declare that he served in the Revolu- tionary War as follows, viz. as a private in the company commanded by Capt. George Smith , in the Regiment commanded by Colonel Joseph Sose in the line of the State of Massachusetts , on the Continental Establishment, as is more particularly mentioned and described in his original declaration, made on the thirteenth day of April , A. D. 1818, and on which said declaration his Certificate of Pension, numbered 14.302 was granted. 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 con- tained in the schedule hereunto annexed, and by me subscribed; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is herein particularly described, also subscribed by me.
Sworn to and declared, on the fourth } day of July - A. D. 1820. }
BEFORE
Benj m Greene, Cok. Justice
{ One of the Judges of the said Court.

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
1 small old house - 1 small barn, about 5 acres of rocky land, 1 old pine table - 3 old kitchen chairs.
SCHEDULE of the family residing with me who, by occupation am a labourer at days work, which I am - able to pursue by  reason of but little, by reason of a dropsical complaint, called Hydrocele .
   NAMES. AGES. Capacity of each to contribute to their support.     Olive my wife 56 out of health most part of the time.   Joseph my son 16 in good health -   Olive my daughter 12 in good health.  
James Witham,
STATE OF MAINE.
York ss. I, Daniel Sewall , Clerk of the Circuit Court of Common Pleas for said Circuit , within the county of York , do hereby certify, that the foregoing oath, and the schedules thereto an- nexed, 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 sixty two dollars and twenty seven cents. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this eleventh day of July , A. D. one thousand eight hundred and twenty.
Daniel Sewall, { Clerk of the said Circuit Court for the County of York

35131 INVALID.
Ray
File No. 35131
James William Pr Rev War
Act: 18 th March 18 th
Index:—Vol. 2 , Page 457
[Arrangement of 1870.]

James Withams Private Col. Bose in Regt May's line 1778 3 years
Dec 13 th Ap. 1818
1777 on Roll Admitted
The testimony of two credible & disinterested witnesses, to prove the services of the Applicant under either of his enlistments, duly to be taken & authenticated, is required. —
This applicant at present was mis- taken as to the Compy & Regt. in which he served under his first enlistment but he proves twelve months service under that enlistment, by the Depositions of Sam l Eaton & Joseph Rife - taken be- fore Jonathan Dage Esq. & authenticated by the certificate of Judge Stillbin, one of the justices of Col. C. C. B. for the 2 d S. Circuit - Said Depositions I have annexed —
Rev d Green
Lt Lewis Stradwick Capt Geo. Smith Sec Sam l Eaton President John G. Smith Clerk

State of Massachusetts Berkshire County, ) Be it known that on this 5th day of July 1819 before me John Page one of the Justices of the Peace for said County personally Sam l Eaton & Joseph Root and made out to me due form of Law that they well knew Sam l Witham late a Private Soldier in Colonel Phinney's Regt Mass. Line, and know that he served in East- Yorks camp t from Jan y 1776 to Jan y 1777 and that he received an honorable discharge at Fort George in the State of New York, they having ser- ved in the same Regiment with him one full year.
Sam l Eaton
Sworn and subscribed this 5th day of July 1819 and I certify that the above testimony are true of credibility & true Disinterested
Joseph Root
Jonathan Dyer Justice of the Peace
John Page Esq. is a Justice of the Peace for the County of Berkshire and
Joseph Root is a Justice of the Q.B.C. P. D. & Circuit.

COMMONWEALTH OF MASSACHUSETTS.
YORK, ss. } ON this thirteenth day of April A. D. 1818, before me the subscriber, Chief Justice of the Circuit Court of Common Pleas for the first Eastern Circuit in said Commonwealth, personally appears James Witham aged sixty seven years resident in Hitting - in said county of York, 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 in the Revolutionary War:"— That he the said James Witham in the month of March 1776, enlisted as a private soldier in the Continental Army, for one year, under Capt Smith in the Reg t commanded by Col. Joseph Vose, of Massachusetts Line, and continued to his duty in said Company & Reg t until the twelve months the term of his enlistment expired when he was discharged at Albany, in the State of New York, where he immediately enlisted in the same Company & Reg t for three years, during which term of time he continued to do his duty, in said Company & Reg t , in the various places in which they were stationed, and at the expiration of the said three years he received an honorable discharge, at Providence in the State of Rhode Island, but has lost it.
And the said James Witham further testifies a fact Testis by the selectmen of Hitting -
That he is reduced in his circumstances and needs the assistance of his country for support, and that he has no other evidence now in his power of his said services.
Sworn to and declared before me the day and year above said.
Benj. Greene
I, BENJAMIN GREENE, Chief Justice of the Circuit Court of Common Pleas for the first Eastern Circuit, in the Commonwealth aforesaid, do certify, that it appears to my satisfaction that the said James Witham did serve in the revolutionary war against the common enemy, as he has stated in his declaration aforesaid—and that he is reduced in his circumstances, and needs the assistance of his country for his support.—And I do 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 before mentioned act of Congress.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this thirteenth day of April Anno Domini, 1818.
Benj. Greene