Revolutionary War Pension and Bounty Land Warrant Application File S. 15712, David Winchester, Mass. N.H.

SERVICE
NUMBER _____
Mass. N.H.
Winchester, David
S. 15-712
bearded
CONTENTS

6114
New Hampshire
David Winchester
of Chester in the State of NH who was a private in the Company commanded by Captain Town of the Regt commanded by Col. Eliz in the Mass Militia here for 6 mo & 15 days from 1775 and N. 76.
Inscribed on the Roll of New Hampshire at the rate of 21. Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of Feb 1833 and sent Mrs. M. Edwards
Arrears to 4th of Sept 1832 32. 49 Pension allowance ending 4 March 1833 10 83 $ 43. 32
{ Revolutionary Claim, Act June 7, 1832
Recorded by H. H. Sylvester Book D. Vol. Page
CI

9005 David Winchester
No clergyman's Certificate length of service not distinctly stated, Milwaukee not certified to be eligible to W.G.E.
Nov 19 1890
Private 6 months & 15 days
Adm
$21.66.
Hon. A. Hubbard D.R.
The Mr Edward Keene. Christine as M.R.

9005
BRIEF in the case of  David Winchester of Westmoreland  vs Cheshire Co.  in the State of  NH Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? deponent  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? no  3. How old is he? 76- 
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.     '75 - 1. Sept. 2 Substitute   '76 Dec. to March 77 3 private Capt Town   77 apt. from 2 to 3 15 Capt Leathers  Col Ellis   recollects no officer in command except. Genl St. Clair  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Wrentham Mass & Westmoreland N.H. 
 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? by tradition 
 8. Are the papers defective as to form or authentication? and if so, in what respect? no clergyman's certificate 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. C. Easton Examining Clerk.

MS 9005
Declaration of David Winchester Mutuneland Cheshire Co. N.H.

State of New Hampshire Cheshire County ss. — On this twenty fourth day of December A.D. 1852 Personally appeared before the Subscriber a Justice of the Peace in and for said County of Cheshire David Winchester known to me as the same David Winchester who has subscribed & sworn to the within declaration, and now on oath deposeth and saith That by reason of at 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. — viz For six months and fifteen days, in all said periods in my said declaration mentioned I served as a private — and for such service I claim a pension. —
That he cannot name the officers under whom he served any more fully than he has stated in his said declaration — that each of his terms of service was short. —
That in his last service in answer to 5 th interrogatory he recollects Genl J t Glain.
Subscribed & affirmed to the David Winchester day of aforesaid, Before me Thomas M. Edwards Jus. Peace.
Cheshire ss Jan'y 1. 1853. — I Salina Hale clerk of the Superior Court of Judicature certify that Thomas M. Edwards is a Justice of the Peace in and for said County, and that the foregoing is his signature. In testimony whereof I hereunto affix the Seal of our Superior Court of Judicature S. Hale, Clerk

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, COUNTY OF CHESHIRE, ss.
On this eleventh day of August 1832 personally appeared in open Court, before the Hon. Staron Watson Judge of the Court of Probate for said County.
now sitting, David Winchell a resident of Wittmoreland in the county of Cheshire and State of New Hampshire aged 76 years this month 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 7th, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
1 st In September 1775 took the place of Samuel Hawes who was entitled for 8 months and I served one month station Roxbury and on Dorchester Hill worked on the fort and in guarding station in Roxbury street below the meeting house a part of the time when my month was out Hawes returned and I left the service - while we were paraded the enemy fired upon us from the town - thinks he was under Capt. Pierce
2 nd In December 1776 enlisted at Wittmoreland N.H. for three months in Capt. Towne's Comp y N.H. Troops in a Reg t raised through the State passed muster at Sarrey went to Puckkill N York was employed making coal for the Army and dismissed at Puckkill in March at the expiration of my time.
3 rd In April 1777 was drafted  enlisted in Capt. South's Comp y marched from Wittmoreland to Friendaroga near station on Mount Independence but Ellis Roy was dismissed at Mount Independence a few days before the British took possession of Friendaroga and Gen l Burgoyne went out he thinks from two to three months - was born in Brookline Me. - in the year 1756 - There is a record of his age in Brookline - lived in Wrentham  Mass. when he went into the first eight months service, and in Wittmoreland N.H. which he went the two last times, and now resides in said Wittmoreland - was a substitute for Samuel Hawes of Wrentham the first time, was a volunteer the second time, and thinks he was drafted.

The last time — Thinks there were no other troops when he was stationed the two first times, but when he was on Mt Independence, other troops were on the Ti side, but thinks no officers except in Thinks Gen. St Clair commanded — never had any written discharge — Isaac Willbur and Jonathan Willbur, live in Westmoreland and near me and I believe can testify as to my character for veracity and services in the revolution —
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of the Agency of any State.
David Winchester.
Sworn to and subscribed the day and year aforesaid.
before me Aaron Matson Judge of Probate
We, Isaac Willbur and Jonathan Willbur having resided in Westmoreland aforesaid more than thirty years etc
hereby certify, that we are acquainted with David Winchester who has subscribed and sworn to the above declaration; that we believe him to be about 70 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.
Isaac Willbur Jonathan Willbur
Sworn and subscribed the day and year aforesaid.
before me Aaron Matson 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 certi- fies, that it appears to them that Isaac Willbur and Jonathan Willbur who have signed the preceding certificate are residents in the Town of Westmoreland aforesaid and are residents and are credible persons and that their statement is entitled to credit
Aaron Matson Judge of Probate
I, Asa Parker Register of the Court of Probate for County of Cheshire do hereby certify, that the foregoing contains the original proceedings of the Court in the matter of the application of David Winchester for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this eleventh day of August A.D. 1832
Asa Parker
{ Register of said Court of Probate

157/12 INVALID.
File No. 157/12
David Winchester
Pr. Rev War
Act: June 7 th 72
Index:—Vol. 1 , Page 413
[Arrangement of 1870.]

I Jonathan Wentworth of Westmoreland in the county of Cheshire State of New Hampshire testify and say that in the year 1776 - I enlisted in the company commanded by Captain Towne of Rindge N.H. for three months - that I marched to Peksill Neck in December was stationed there & dismissed there the first day of March - that David Wentworth of said Westmoreland, enlisted with me at the same time - in the same company - & marched at the same place & was dismissed at the same time - Jonathan Wentworth
Cheshire ss - July 19 th Then Jonathan Wentworth who has subscribed the above deposition personally appeared and made solemn affirmation that the same is true
Before me Th o M c Edwards Jus. Peace I certify that the above deponent is partially known to me & that I have no reason to doubt that he is a credible witness Th o M c Edwards Jus. Peace

Mr. a. Mitchell Esq. for David Mitchell
Cheriton p. Aug. 1. 1832 - I Salina Hale Clerk of the Judicial Courts in said County certify that Thomas M. Edwards is a Justice of the Peace in and for said County, that his name twice within subscribed is in his own hand writing. - In testimony whereof I hereunto affix the seal of our Superior Court of Judicature
S. Hale

9005 David Winchester
Thos. M. Edwards, Keene. Cheshire Co. NH

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Sauro Winchester which require further proof or explanation.
I. Does the declaration show where the applicant resides? Y
II. Did the declarant make the declaration in the county where he resides? Y
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? [Handwritten flourish]
IV. Has the declarant mentioned the period or periods of the war when he served? Y
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? No
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? Y
VIII. Has the Court given their opinion? Y
IX. Has the Clerk given his certificate? Y
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? Y

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 ?  No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it ?  No
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 ?  No
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 ?  No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ? And, if not, which of them is not so answered ?  No as to 5 th
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 affidavits must be properly authenticated, as above directed.
†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.

Ethel Woodward
Deposition

I Ezekiel Woodward of Westmorland in the county of Cheshire and State of New Hampshire Sixtyfour years of age do hereby say that on the last of April 1777 I was called into the Service of the United States and Started from said Westmorland in company with David Winchester of said Westmorland under the command of Capt Waitstill Scott & Lieutenant John Chamberlain in Col Ellis Regiment of Militia and marched to Mount Independence on the Eastern Shore of Lake Champlain opposite Ticonderoga said Winchester remain- ed there in said company in the Service of the United States as a private two and a half months Ezekiel Woodward
Cheshire 8 August 9 th 1832 Ezekiel Woodward personally appeared and made Oath that the above deposition by him Subscribed contains the whole truth before me
Sam d Winchester Justice of the Peace I certify that the above deponent is well known to me and that he is a credible person
Sam d Winchester Justice of the Peace

Cheshire Jan 31. 1832 I Salma Hale clerk of the Superior Court of Judicature in said County certify that Samuel Winchester is a Justice of the Peace in and for said County & that I believe the two foregoing official signatures to be his. In testimony whereof I hereunto affix the Seal of our said Court. S. Hale, Clerk