Revolutionary War Pension and Bounty Land Warrant Application File R. 6560, for Kimberly Lyon, Massachusetts

SERVICE
NUMBER
Mass
Lyon, Kimberly
R. 6560
CONTENTS

Kimble's Report Pension Claims
Declaration
6.
with my hand and seal of office This 20 th day of August 1832 J. S. Leigh C.M.B.

State of New York Washington County ss:
On the 20 th day of August in the year one thousand eight hundred & thirty two personally appeared in open court before the Judges of the Court of Common Pleas now sitting Kimberly Lyon a resident Easton in said County aged seventy eight years, who being first duly sworn according to law doth on his oath make the following the declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated. He went as a volunteer under the command of Captain Joseph Barnes, in Col. Smiths Regiment. He then lived at Lanesboro in the County of Berkshire, Massachusetts. The company marched towards Boston, and arrived near Bunker Hill, He was in the Battle of Bunker Hill - was gone on service at this time as many as three months. In the fall of '76 he enlisted into Capt. Smiths company at Lanesboro aforesaid. The Regiment was commanded by Col. Smith a brother of Capt. Smith, - Their christian names

he does not recollect - they went into Ct - staid two months or a month & a half - most of the time at New Haven. Then marched to White Plains and was engaged in the battle of White Plains - which he should think was after the middle of Oct 176 - Then marched to New Jersey - and was engaged in the battles of Trenton & Princeton - He is unable from his age and infirmities, and imperfect recollection to state in detail all the particulars of this ser- vice - Recollects that the army stopped at Elizabeth town on the march to Trenton, Soon after this battle he was discharged and went home He was absent at this time about three months and fifteen days, should think rather longer - Afterwards in July 1777 - the Superior enlisted at Lancaster - aforesaid, under Captain Amariah Babbitt - Into Col Asa Barnes Regiment he was marched to Bennington, and then to Stillwater, and was engaged in the battle at the latter place, about the middle of Sept, was then discharged and went home was the service at this time, more than three months
He again enlisted into the Continental Service in the revised month of July 1781 for three years in- to Capt Barnes Company, and the third regiment of the Massachusetts line, com-

manded by Col. Michael Jackson, marched to Peekskill and from thence to West Point where General Washington commanded when they arrived. At this place he was transferred into another company belonging Col. Henry Jackson's regiment. The name of the Captain, he was under he does not recollect. He served at West Point until the close of the war which was two & a half years. His whole service amounted to more than four years. Has no record of his age - and has no documentary evidence of his services. Born in old Fairfield Co. since the war has lived in Easton & Greenwich in said county, he was born in 1762. Kimbley no Lyon
We Ephraim Pettengill residing in the Town of Easton in the county aforesaid, and George Youngs - re- siding in the same place, hereby certify that we are well acquainted with Kimbley Lyon subscribed who is described in the above dis- cussion; that we believe him to be seventy eight years of age, that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to subscribed the 27 th day of August 1832 before me S. C. T. one of the County Court
Ephraim Pettengill George Youngs

And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the said 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 Ephraim Pettys and George Youngs are credible persons and that their statement is entitled to credit. And the court further certifies that their attendance at Court would not be procured without too much inconvenience & expense to applicant.
I, Jesse S. Leigh Clerk of the Court of Common Pleas in and for the County of Washington Do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Kimberly Lyon for a pension. In testimony whereof I have hereunto
set my hand and seal of office This 20 th day of August 1832
J. S. Leigh CER
Kimberly Lyon Pension Claims
Declarat.
6.

Kimberly Lyon's Pension Claims
vs Thomas Gregory
Affidavit

State of New York Warren County
Thomas Gregory of
Warrensburg in said county of Warren and State of New York aged fifty six years being duly sworn makeeth oath and saith that he is well acquainted with Kimberly Lyon, that he formerly lived neighbor to this deponent in the town of Lansborough County of Berkshire in the state of Massachusetts, and that the said Kimberly Lyon enlisted into the continental army on or about the month of July 1781 and joined the third Regiment of Massachusetts line commanded by Colonel Michael Jackson for the term of three years. And this deponent further saith that he this deponent was a soldier in the eighth Regiment of said army, commanded by Col. Newton Jackson, and knew that the said Kimberly Lyon served as a soldier in said army until in the year 1783 when he the said Kimberly was honorably discharged as were most of the three years men at that time.
Signed and sworn before me this his 16 th day of June A.D. 1831 - Thomas Gregory Mark
John Thurman Justice of the Peace
Warren County ss. I hereby certify that the above named Thomas Gregory on the 16 th day of June 1831 appeared before me and made oath the facts set forth in the preceding deposition are true. And I further certify that I am well acquainted with the said Thomas Gregory and that he is a credible witness. And from the facts set forth in his deposition I am satisfied that the said Kimberly Lyon did serve in the continental army as stated in said deposition. John Thurman Justice of the Peace of Warren County

State of New York Warren County
I Thomas Archibald Clerk of the said County do certify that John Thurman Esq before whom the within Affidavit purports to have been sworn to also before whom the power of attorney purports to have been acknowledged was at the date of the same was one of the Justices of the peace in and for the said County and that I am acquainted with his hand Writing and verify believe his name subscribed to the said Affidavit is his proper hand Writing and Signature.
Witness my hand and Seal of Office this 15 th day of June 1831.
N.B. The words "also before whom the power of attorney purports to have been acknowledged" erased before signing.
Thomas Archibald Clerk

Moses Smith
Affidavit
in favor
Kimberly Lyon
No 7.
The Clerk will please make his certificate to the within return to C. C. F. Dugald Esq. by tomorrow's mail - July 31. 1833 -

State of New York
Washington County ss- Moses Smith of Greenwich in said County being duly sworn makes oath and saith that on the year 1779- he saw Kimberly Lyon at Springfield in Massachusetts- and then understood from said Kimberly Lyon, that he were at home on a furlough- and was to return shortly to his regiment- he saw him the same year at West Point in Col Michael Jacksons Regiment and knew that he served through the year 1780- as a soldier in said Regiment- he saw him at West Point in 1780- and at Stony Point- and French Plains, and at Stillrappa- and Piamus- in New Jersey serving as a soldier in said Jacksons Regiment- and knows that he returned to West Point- for New London- and this deponent further saith that he knows he was a soldier in said Regiment- until the middle of February 1781- when he understood, he was transferred to Col Henry Jacksons Regiment- a few days after he was transferred this deponent went to sea as a private and left said Kimberly serving as a private in said Henry Jacksons Regiment- this deponent further saith during the years 1779 & 1780 & 1781- until February- this deponent was a private in Capt James Wilsons Regiment

which went upon the same expectations with Col Michael Jackson Regiment - a few days after said hearing since then deponent saw Kimberly Lyon of Eastern said County and immediately recognized him to be the same person that he knew to be a soldier in the army - Moses Smith Sworn the 23 rd day of July 1833 before me.
Joseph Boiez Justice of the peace -
I hereby certify that I am acquainted with Moses Smith who subscribed and swore to the preceding affidavit - and that he is a credible person, and his statement is entitled to credit - July 24 th 1833 - Joseph Boiez -
State of New York
Washington County ss. I Jesse S. Lough Clerk of the County of Washington - Do certify that Joseph Boiez before whom the preceding affi- davit purports to have been sworn - and by whom the preceding certificate purports to have been signed was at the date of the same - a Justice of the Peace in and for the said County - and that I am acquainted with his hand writing - and verify before his name subscribed to the said affidavit and certificate to be his proper hand writing and

Signature -
In Testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas in & for the County of Washington this 31 st July 1833 - J. S. Leigh CJP

In the matter of the in law Lige - a person Thomas Gregory affidavit
20/7/23

State of New York Warren County p 3
I Thomas Archibald Clerk of the County of Warren in the State of New York do Certify that Thomas Patterson Esq r before whom the Annexed Affidavit was sworn was on the day of the date of the same a Judge of the County Court of the County of Warren and duly authorized & empowered to administer Oaths and further that I am acquainted with the hand writing of the said Judge and justly believe the signature Thomas Patterson subscribed to the Annexed Affidavit to be his proper hand writing In Testimony whereof I have hereunto subscribed my name and affixed the Seal of the said County this 3 rd day of October A D 1828 Thomas Archibald Clerk

of New York County ss - Thomas Gregory of Warrenburgh County of Warren and state of New York being duly sworn maketh oath and saith that he is well acquainted with Kimbly Lyon and that he formerly knew a nephew to the deponent in the Town of Lyonsborough in Massachusetts and that the said Kimbly Lyon entered into the continental army on or about the month of July 1780. and joined the third Regiment of the Massachusetts line commanded by Michael Jackson for the term of three years, and this deponent further saith that he was a soldier in the army and well knows that the said Kimbly served as a soldier in the said Regiment until the year 1783. when he was Honorably discharged from the service as were most of the three years men at that time
Thomas Gregory mark
Subscribed & sworn before Me this Saturday October 1828 Thomas Pattison one of the Judges of the County Courts in and for the County of Warren
Warren County ss.
I hereby certify that the above named Thomas Gregory on the 2 nd  day of October  September 1828 appeared before me and made oath that the facts set forth in the preceding deposition are true and I further certify that I am acquainted with the above named Thomas Gregory and that he is a credible witness. and that from the facts set forth in his deposition I am satisfied that the said Kimbly Lyon did serve in the continental army as stated in said deposition -
Thomas Pattison, one of the Judges of the County Courts in and for the County of Warren

born in the year 1754.
The hereby also gives any claim whatever to a or annuity- pension except the present and declares that his name is not on the pension roll agency of any state.
Sworn and subscribed the day and year of our Lord J. S. Leigh C.R.
Herbert Lyon mark

J. Edwards, Committee of Planners
J. S. Ingalls Esq. Greenwich N. York
of Venice from Mr. Edwards
March 1835
J. S.

War Department Pension Office 13 th , March 1835
Sir
The papers of Kimberly Lyon have again been examined. It was not intended to be understood by my letter of 30 th December last, that the claimant should be allowed the benefit of the service recorded as having been rendered by Kimberly Lyon. If the latter and the former are one and the same person, it should be made to appear by further evidence.
I am Respectfully Your H ts Servant J L Edwards
N o 67 Ingalls Esq d Greenwich N o York

Dec 20 My Kimberly Ky on on Roles Kinsburg July 80.6 mo nowhere else on Roles.
Wm J. P. Edwards
True
Copy of Washington Orbit of Columbia

Dear Sir -
Furnace Dec. 12 th 1834
I have come to the conclusion to submit the case of Kimberly Lyon - to the final decision of the Department - but I have also felt my duty to give to the Department a brief review of the case as accurately as I can - the papers not being my possession except what I now enclose - nor have I retained copies - in the first place, Kimberly Lyon - presented his case in 1818 - to the Department for a pension under the act of that year - he stated only one year of his service - nine months only being required - by the act, he was answered on the back of his paper in these words "The testimony of two disinterested & credible witnesses is required to prove the services of the applicant duly so be taken and authenticated in his original papers now enclosed - the services stated by him to be in a company commanded by Capt Asa Barnes in Col. Sprague's Regt. of which Lt. Col. Sprague was in command - It now appears by a letter from the department that this service - is established by the rolls - See the from Department Aug 20 th 1834 - I should suppose under these circumstances the applicant would be entitled to his pension under the act of 1818 - and that he ought not to be concluded by his release under the act of 1832 - because that release was executed

under the decision of the Department that there was no evidence of his service under Col. Spratt - which evidence it appears by the letter of the Department - of the 20 th of Aug. is now discovered - I therefore respectfully submit to the Department - his claim under the act of 1818 - But if we are concluded by our release - then are we not entitled to the service under Cols. Michael Jackson - and Henry Jackson - It is said that the testimony of the only witness Thomas Gregory is discredited is discredited because his own name is not found upon the Rolls - see L. the 20 th Aug - this very witness I understand is now drawing a pension for his services in Col. Henry Jackson's Regiment - if so he must have satisfied the Department that he did serve in said Regt - besides this witness we produced the testimony of Moses Smith who is certified to be a credible witness to a part of the same service - I should suppose the combined testimony of these witnesses would be sufficient under the rules of the Department of the 27 th June 1832 - to entitle Mr Lyon to so much of his services as was proven by both witnesses - he has also produced a witness who is certified to be credible to prove 6 months of his militia service as I have no copy of his affidavit - I can make no remark upon this but it will be found amongst his papers.

I enclosed the Pension Certificate of Nathaniel Warner, some time in the month of September last, to receive some correction, with a request that it might receive the correction and be directed to me by mail, at Granneck Washington County, New York - as it was most convenient to the Pensioner . I was shortly afterwards required to give an explanation how I came by it & did so promptly. I have not yet received the certificate nor has Mr. Warner - he is very anxious to have it returned - his family are sick and he is in much need of his money. The Letter directed to Mr. Warner by the Department have generally been directed to Cambridge Port office - this office at Granneck is much the most convenient to Mr. Warner. I also sent to the department the Pension Certificate of John Skiff - it was found that his certificate did agree with the copy at the bank - with a request that the mistake might be corrected, and it returned we have not received the certificate - it was enclosed in a letter of my partner A. Von Hallen Parker - of this, we have received no intelligence. You would do the pensioners a favor by correcting and retaining their papers immediately.
Yours &c - C. F. Ingalls
J. S. Edwards Esq -

Aug 31.
FREE
Hon. J. G. Edwards
N.Y.
Commissioner of
Pensions City of Washington D.C.
Kindly yours

Dear Sir
Greenwich Mark Coast 4. Aug. 27 th 1836
I enclose to you the Pension Certificate of William by Warner. Mr Warner has under many obligation to the Commissioners for the re-enlistment of his crew - he is a very good man and is afflicted with much sickness in his family - but is a very worthy man - & the charity of the Government was never better bestowed, I suppose the new certificate will of course entitle him, to full pay from his last draft - I wish Sir, if your time will permit you would re-examine the case of Kimberly Lyons, it does appear to me, that the evidence has reached the department, that has been forwarded, that you would be satisfied, that there was good evidence for 6 Mo services. In Lyons case I recollect I forwarded two affidavits detached from his other papers and at a different times and as I preserved no copies I cannot recollect the names of the deponents, but I well recollect that one of them, was certified by a justice of the Peace and also by a member of Congress to be a credible witness - I have found that this affidavit never arrived or had been overlooked in the examination of his case - this affidavit was positive for 6 Mo services - from the Personal knowledge of the witness - In your letter to me you stated his name was on the Roll in Col Spratt's Regiment for 6 Mo. under the name of Kimberly Lyons - and required proof that Kimberly Lyons and Kimberly Lyons were the same Person - Lyons is a very illiterate man - as you will perceive from his signature to the papers forwarded and

I presume since writes his name accurately - If you still think the objection to rule is good, independent of the Rules I should suppose the testimony sufficient,
Wm. J. L. Edwards -
Yours &c C. F. Briggs -
Pr. please direct your letter to Greenwich Wash. Co. N. York.

Kimball Lyman
Rojutuo
New-York
Oct 5
NY.
Hendrick Leon
FREE
Hon J. L. Edmonds
City of Washington District of Columbia

Simsbury Sept 29 th 1835
Sir
I do not know that I can furnish any further evidence in the case of Hendrick Dunt and after consulting him upon the subject he has concluded to accept - a pension for the 7 mo service, which the Department were willing to allow him - you will therefore please to forward to me his certificate for the amount of his service allowed -
100 20
It would be a gratification to me to have a review of the case of Kimberly Lyon - I have been very unpleasantly situated in relation to that case - in consequence of having represented to his neighbors that I supposed he was soon of obtaining a pension, they were thereby induced to extend to him relief that they would not have done but for this representation, I made these representations in consequence of what you stated in your letter of the 20 th August 1834 - In the concluding paragraph of your letter - you stated - "The alleged service in Col Smith regt. & Barnes Compa any as susceptible of Proof by the records in the office of E. D. Bangs Esq. Secy of State (Boston) the service in Spauls regt is established by the Rolls"
In your letter of the 24 th of September 1834 you emphatically admit - that he is entitled to a certificate for a portion of his service - In your letter of the 13 th March 1835 you allude to a letter of the 30 th of December last of which I have neither the original or a copy and say, that "It was not intended

to be understood by my letter of the 30 th December last that the claimant should be allowed the benefit of the service recorded as having been rendered by Kimberly Lyons. If the latter and the former are one and the same person, it should be made to appear by further evidence."
If in you did not mean to be understood that the applicant was entitled to the benefit of the service mentioned in your letter of December last - did you not mean to say that he was entitled to the service on Col Sprouts Regt. in your letter of the 20 th of August 1834. I think every person who should read your letter would so understand you. It is not to be wondered at that some hasty decision should be made by the department in consequence of the number of cases, which you are called upon to decide - but now as the great burden of the business is over - I wish you would give that can a re-investigation and see if you do not yourself think you have termed Mr Lyons case upon too small points - merely a criticism of his name. If the same rule should be adopted now as to paying the pensions that you have adopted to reject Mr Lyons service, not one in ten would get one cent - for they seldom put all the letters into their names, so not the rolls the best evidence of the fact you require me to prove is there any such man as Kimberly Lyon on your rolls you say not - from the near resemblance of the signatures is it not to be presumed to refer to the same man, you have

Kimberly Lyons own oath that he performed the service. The witnesses to prove Kimberly Lyons service are all with the Department I think four in number, Thomas Gregory & Hann Smith as to his service in Col Michael Jackson Regt - and two other witnesses to prove his service - which in other regiments as the evidence of the witnesses enough before me I can not review it - but I will remember that the credibility of one of the witnesses to his service is proved both by a magistrates and member of Congress - I hope you will review his case and have no doubt you will come to a different conclusion -
Respectfully Yours C. Filmore
Hon J. L. Edwards -
having read your let and

Feb 16
NY
Kimberly Lyon
Accept. 6 m.c.
Hon. J. G. Edwards -
Commissioner of Pensions City of Washington Dist. Columbia -

Dear Sir
Grenwich Feby 7 th 1835
As all other hopes have failed, Kimberly Lyon has concluded to receive a pension- for the 6 months - proven by the Rolls of Army - as appears by your letter of 30 th of Decem r 1834 - under the act 7 th June 1832 his application and proof are before you - & upon this I suppose there is no difficulty - If one is granted please to direct your letter to me at Grenwich D. Hart. Co New York -
Respectfully Yours Abraham Smith C. H. Ingra
Hon J. L. Edwards -

For the Pension Office
To the Honorable
Lewis Cass
Secretary of War
Washington City D.C.

Ballston Spa July 11 th 1836
Sir
Enclosed you receive the papers relative to the claim of Kimberly Syon for a Pension in compliance with the requisition of the War Department contained in a letter of J. S. Edwards Esq. to Mr. Engalls dated March 13 th 1835 which said letter is also herein enclosed which please to examine as early as convenient and transmit to me the result of such examination by Mail to the P. Office in this Village
I am Respectfully your M c Obedient Servant
Aaron Nash Agent for Kimberly Syon
The Hon ble
Lewis Cass Secretary of War Washington City D. C.

Kimberly Lyon
July 21
Free
N.Y.
Hon. J. L. Edwards Esq.
City of Washington
District of Columbia
17 to 18 1/2 1/2 1/2

Dear Sir
Union Village West Co. New York July 16 th 1834
Something like six or 8 months since I enclosed to you, the amended Pension declaration of Kimberly Lyon, and I have not heard from it since, from the very prompt manner in which my other communications have been answered I have thought it might be possible that the paper might not have reached you, I know the roll of the department was to answer letters merely to acknowledge the receipt of them, and I ask none of it, and If this letter is not answered, I shall take it for granted that the paper was safe. I wish in this case to trouble you with a single remark, which is that amongst the number of applicants, which have committed their business to my charge there is not one, who has so much engrossed the sympathy of the community as Mr. Lyon. since general reputation is laid down as one of your rules of evidence, I can produce one hundred of our most respectable citizens, that will swear that Kimberly is now and has been reputed for years past to have been a soldier of the revolution, and they believe it to be true. People are calling at my office every week, who I am persuaded can have no interest in his case to require if no intelligence has been received from

his case, and the general remark is, "That if any one is deserving of a pension he is." The old man is very poor and the anticipation of receiving a pension has kept him from the Poor house - so far as I am acquainted with the effect of his  his  own  own  dinner  dinner , his case is well supported. It is unreasonable to expect that accuracy and precision from a statement swearing to transactions, which occurred more than 50 years since, which we would expect from one swearing to more recent events - they will recollect the bold prominent facts, but the precise terms when they occurred they often misapprehend - I hope as soon as your arrangement will permit you will examine the  the  case  case  on  on  his  his  account  account - and I fondly hope on his account - and on account of my firm conviction of the justice of his case - it will receive your favorable consideration.
Respectfully your Obedient humble servt Charles F. Briggs
Hon J. L. Edwards Commr of Pensions

J. S. Edwards
In relation to the claim of Kimberly Lyon
Recd 28 th Aug 1834
G. D. Ingraham Esq. Greenwich N.Y.
J. S. Edwards Commissr of Pensions

War Department Pension Office August 20 th 1834
Sir
In reply to yours of the 16 th ult o respecting the claim of Kimbely Lyons, I have to state; that his amended declaration was examined on the 29 th Oct o 1833, and the result communicated to J. S. Leigh as follows.
The alleged service in Col. Jacksons Reg t cannot be allowed unless it is proved by two credible witnesses who should state the time and manner of entering & leaving the service, the company reg t & line to which he belonged.
The testimony of the only witness in support of this part of his alleged service is discredited by the fact that his own name is not found on the rolls of Col. Henry Jacksons Reg t in which he declares he served.
The alleged service in Col. Smiths Reg t & Barnes Company is susceptible of proof by the records in the office of E. D. Bungs Esq. Sec y of State (Boston) The service in Sprouts Reg t is established by the rolls.
I am Respectfully Your Ob t Servant J. L. Edwards
C. T. Lugall Esq z Greenwich 3 N. Y.

Acts of July 14, 1902, and March 3, 1903.
656
P.O. Kimberly Lyon
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P.O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

New York
Revolutionary
Suspended
In Let to Aaron Vash
July 19 th 1834
Kimberly Lyon
Let to C. F. Ingals 18 March '37

J L Edward Commist t of Pensions
G. T. Ingalls Esq y Greenwich N. York

War Department Pension Office 30 th December 1834
Sir
The application of Kimberly Lyons, founded upon his declaration (in June 1818) for the benefit of the Act of March 18 th 1818, has been examined and disallowed. Waving the objections founded upon his failure to comply with the provisions of the Act of May 1820 respecting property, the only service for which the rolls furnish even the appearance of evidence is an entry of "Hensbury Lyons" for six months in 1780 on the rolls of Sprouts regiment which is insufficient to entitle him to the provisions of the Act, even if he should receive the benefit of that entry. There is no other entry of his name or any name resembling his on any of the rolls of the Massachusetts Line.
I am Respectfully
Your Off. Servant-
J. L. Edwards
G. F. Ingalls Esq. Greenwich N York

Berkshire ss. Russell Green of Hancock in the county aforesaid and Commonwealth of Massachusetts aged seventy two years being duly sworn maketh oath and saith that he is well acquainted with Kimberly Lyon - that said Kimberly Lyon formerly lived in the town of Lanesborough in the county of Berkshire aforesaid - and that the said Kimberly Lyon enlisted into the continental army on or about the month of June 1780. and joined the twelfth Regiment of the Massachusetts line, commanded by Colonel Ebenezer Sprent for the term of six months - And this deponent further saith that he this deponent was a soldier in the same Regiment & knows that the said Kimberly Lyon served as a soldier in said army for the said term of six months - And this deponent further saith that a part of said Regiment marched from said Lanesborough to West Point, and were at Brandytown at the execution of Major Andre which took place October 2 nd 1780 and from there we went into the State of New Jersey and about the first of December returned to West Point, when we were discharged - And further this deponent saith not
April 18 th 1833 - Signed & sworn the day as above before me Silas H. Gardner Justice of the Peace.
Russell Green
I certify, that I am well acquainted with the above named Russell Green, and that he is a man of strict truth & undoubted veracity - J. H. Gardner J. Peace -
Lanesborough, Mass. I am acquainted with Silas H. Gardner Esq. whose signature appears to the above Certificate, I know the signature to be his hand writing. & I know that he is a Justice of the peace, authorized by the laws of this Commonwealth to take Depositions -
21 April 1833
Geo. N. Briggs Mr. Converse on behalf of the defendant

Commonwealth of Massachusetts
Berkshire ss. I Charles Sedgwick a Clerk of the Supreme Judicial Court of said Commonwealth for the County of Berkshire do certify that Miss H. Gardner Esq. is now as on the eighteenth day of April last a Justice of the Peace within for the County of Berkshire that I am well acquainted with the hand writing of said Gardner that I verily believe the within signature purporting to be his are genuine I further certify that I am acquainted with the hand writing of the Hon. Geo. N. Briggs Member of Congress for Berkshire District that I know the within signature purporting to be his to be genuine.
In testimony whereof I have hereunto set my hand & affixed the Seal of said Sup. Jud. Court this thirty first day of May A D 1833. Chas. Sedgwick Clerk

20.723
Kimberly Lyon's
Affidavit
No 12
Direct to the care of M c L. Walker Greenwich Washington County N. York
The following is a disinterested & credible witness, to prove the ver- acity of the applicant, duly to be taken & sub- stantiated, is required.

State of New York Washington County ss. Kimberly Lyon being duly sworn deposeth and saith that he was a soldier of the revolutionary army of the United States of America in the Continental establishment, that he enlisted as such soldier, at Lanesborough in the County of Berkshire and State of Massachu- setts in the Spring or summer of 1778 under Capt. Asa Barnes and in Col. Ser- jeant's regiment for the term and period of one year - And your deponent further saith that in the fall of that year he marched with said regiment to Fishkill in the State of New York - thence to West Point where he continued until the next Spring, when he marched with said regiment to New London in the State of Connecticut, thence to Boston - thence again to West Point where he re- ceived his honorable discharge, from Lieut. Col. - Sprout he having served out the full term and period of his said enlistment - And your depo- nent saith that he was in no actions during his aforesaid service - that he has lost his said discharge & that he has now no other evidence in his power of his said services - And your deponent further saith that he is now sixty two years old, and that he is entirely without property and in

need of assistance from his country for support and that he now lives in the Town of Greenwich County of Washington and State of New York
Kimberly Lyon
State of New York Washington County ss. Greenwich 18 th April 1818
Then personally appeared before me Kimberly Lyon the signer of the above affidavit and made Oath that the same was true. And I hereby certify that it does appear to my full satisfaction, that the said Kimberly Lyon did so serve as stated in his said affidavit against the common enemy in the revolutionary war. And that I personally know him & his circumstances, and that he is without property. And I hereby transmit the proceedings and the testimony had & taken before me to the Secretary for the department of war, pursuant to the directions of an Act entitled an "Act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war". And I hereby further certify that the said Kimberly Lyon is entitled to full credit and belief.
Jonathan Sprague one of the Judges of the Court of Common Pleas in & for the County of Washington

State of New York Washington County
I Daniel Shepherd Clerk of the Court of Common Pleas of the County of Washington do hereby certify that Jonathan Sprague Esq r by whom the foregoing certificate was made was on the 18 th day of April last One of the Judges of the Court of Common Pleas of said County acting under the authority of the United States and that the above is his signature.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court this 2 d day of June 1818.
D Shepherd Clerk

Kimberly Lyons Amended Pension Dictation
July 13. 88 Kimberly Lyons by wife, Col. S. J. Lyons Amount
Susp d -
J. J. Leigh
© Ch. Warlick & Co.

State of New York
Washington County ss - Personally appeared before me the undersigned a Justice of the Peace of the Town of Granville in and for said County - Kimberly Lyon 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 three months I served as a private in Captain Joseph Barnes company in Col Smith Regiment - this service commenced the first of June and ended the first of September 1775 - he went with his company from Lancaster Mass. to near Boston near in Bunker Hill Battle - discharged at the Quarters of the Army near Boston - had no written discharge.
For three months I served as a private in Captain Smiths company in Col Smiths Regiment - this service commenced about the first of October 1776 - and ended about the middle of January 1777 - went to Albany as stated in my original declaration - was discharged at Pemberton Albany.
For three months I served as a private in Captain Amariah Babbitt company in Col Isa Barnes Regiment - This service commenced in July and ended about the middle of September.

1777 he went to Bennington and Saratoga was in both battles - was discharged at Saratoga - no written discharge -
For Six months I served as a private in a Regiment commanded by Colonel Ebenezer Sprague, the Captains name I do not recollect - The service commenced about the first of June 1780 and terminated about the first of December - he enlisted at Lancaster Massachusetts into the twelfth Regiment Massachusetts line - he marched with the Regiment to West Point & from there into New Jersey - and back to West Point and was then discharged by Col Sprague and came home - received no written discharge -
For two years and six months I served as a private in a Regiment commanded by Col Henry Jackson - I enlisted into Col Michael Jacksons Regiment - and went to West Point and was then transferred into Col Henry Jackson Regiment - Michael Jackson belonged to the 3 rd and Henry to the 11 th Regiment - he does not recollect his captains name - and this deponent further saith that since he obtained the testimony of Thos Gregory he has been three times to Massachusetts to obtain witnesses of the service but cannot find any - that the soldiers who were with him are either dead or gone to parts unknown that it is not in his power to procure any further

medicine of such service. That his discharge which he received from Col Jackson was burnt in the house of one Babbitt. That in addition to his journeys to Massachussetts letters have been written to other places where soldiers in the R to . service were supposed to reside but no other could be procured.
And the deponent further saith that there is no clergymen acquainted with his reputed age or with his reputation as a soldier - and that he was therefore unable to procure one.
And the deponent further saith that he is poor and was entitled to a pension under the former acts and was denied it for the want of evidence, that from 1818 to the present time he has been endeavoring to procure two witnesses of his service but could not obtain but one as to his continental service under Col Henry Jackson and further saith that
Sworn the 25 th day of April 1833 before me
Henry H. Symonds Mark
Joseph Benez Justice of the peace

State of New York
Washington County ss I Jesse S. Leigh Clerk of said County do certify that Joseph Bain before whom the preceding affidavit of Kimberly Lyons purports to have been sworn was at the date of the same one of the Justices of the peace in and for the said County - and that I am acquainted with his hand writing and rightly believe his name subscribed to said affidavit to be his hand writing and signature
In Testimony whereof I have here unto set my hand and affixed the seal of the Court of Common Pleas in and for said County this 25 th day of June 1833 J. S. Leigh Clerk
Kimberly Lyons Amended Pleading Declared
Miss
sup 2 -
J. S. Leigh
Clk Washington Co.

State of New York County of Saratoga } ss.
Be it known that before me the undersigned a Justice of the Peace in and for the said County, Personally appeared Kimberly Lyon of the County of Washington adjoining this County, and State of New York, aged Seventy-seven years, who being duly sworn according to law, doth on his oath make the following statement.
That he enlisted at Lanesboro in the County of Berkshire and State of Massachusetts, for three years as stated in his original Declaration in Captain Joseph Barnes company in the 3 d Regiment of Infantry in the Continental line of Massachusetts, Commanded by Col. Jackson.
That this deponent is very poor & infirm but has recently endeavored to comply with the requisition of the War Department contained in a letter of J. S. Edwards Esquire of the 13 th of March 1835. and has made diligent search in order to procure further testimony in support of his claim to a Pension he went to Lanesboro, and caused search to be made in every place where he supposed living testimony was most likely to be found, but has not been able to find any person now alive with whom he served, in the Revolutionary War.
That Thomas Gregory & Joseph Gregory, named who enlisted & served, with this deponent under the said Capt. Barnes, moved to Warren County in this State & are now dead he recollects other individuals who served with him, but they are all dead or moved to parts to him unknown, to wit,
Timothy Sherman, Ebon Gregory, Samuel Luddington, Thomas Kellogg, Samuel Jecock, John Babbett, Dennis Burgess, Nathan Green, Titus Wood, Asel Gregory & Green privates & William Seymour Sergeant and Salmon Gregory Drummer.

And further he this deponent states, that there was no person belonging to the said Company named Kimberly Lyons, and that he this deponent was the only person belonging to the said Company, by the said name of Lyons and that he this deponent never knew or heard of the name of Kimberly Lyons & that he never knew or heard of any person named Kimberly Lyons except his own name.
Subscribed & sworn before me this 13 th day of June 1836
Kimberly his Lyons Mark
A Goodrich Justice —
I further Certify that that the said Kimberly Lyons is unable to write his name by reason of the infirmities of age & therefore makes his mark, and that a mark in the word "Kimberly" in the 2 d line from the top, in this page, was accidentally made by me, and Erased —
A Goodrich Justice —
STATE OF NEW-YORK, } ss. SARATOGA COUNTY CLERK'S OFFICE, }
I, ALPHEUS GOODRICH, Clerk of the county of Saratoga, Do Certify, that Alpheus Goodrich — before whom the annexed affidavit purports to have been sworn, was at the date of the same, one of the Justices of the Peace in and for said county, and that I am acquainted with his hand writing, and verily believe his name subscribed to the said affidavit, to be his proper hand writing and signature
WITNESS my hand and seal of Office, the 29 th day of June — 1836
A Goodrich Clerk
Kimberly Lyons affidavit

State of New-York County of Saratoga } ss.
Kimberly Lyon
Be it known that before me the undersigned a Justice of the Peace in and for the said County, Personally appeared Eze- kiel Wakeman of Ballston in the County aforesaid aged Sixty-six years who being by me duly sworn according to law, doth depose and say, that he has been well acquainted with Kimberly Lyon the appli- cant for a Pension for twenty five years or more,
That soon after his first acquaintance with the said Kim- berly Lyon, he related to this deponent an account of Revo- lutionary services which he alleged that he had performed, that he had enlisted for three years in the Continental Army & served as a Soldier during that period, & for the greater part of that service he was stationed at West Point and was then on duty as a private when Major Andre was executed, that he was on guard over the Pris- oner and saw him executed, and about the same time & since that time he has often heard the said Kimberly Lyon relate an account of his revolutionary services to different individuals, which was uniformly the same in substance as related to this deponent.
And further this deponent certifies that he believes the said Kimberly Lyon is a person of character for veracity and that his statement is entitled to credit, to the best of his recollection.
Ezekiel Wakeman
Sworn & subscribed before me this 13 th day of June 1836
A M c Ken Justice
STATE OF NEW-YORK, } ss. SARATOGA COUNTY CLERK'S OFFICE, }
I, ALPHEUS GOODRICH, Clerk of the coun- ty of Saratoga, Do Certify, that Abel M c Ken before whom the annexed affidavit pur- ports to have been sworn, was at the date of the same, one of the Justices of the Peace in and for said county, and that I am acquainted with his hand writing, and verily believe his name subscribed to the said affidavit, to be his proper hand writing and signature
WITNESS my hand and seal of Office, the 29 th day of June — 1836,
Alpheus Goodrich Clerk

I am well acquainted with Ezekiel Wakeman within named. He is an old inhabitant of Ballston, a respectable & intelligent Farmer. His character for truth is fair. I have never heard it, or his general character impeached. Ballston June 29 th 1836
John W. Taylor
E. Wakeman a.f.f.

State of New York County of Saratoga } ss,
Be it known that before me the undersigned a Justice of the Peace in and for the said County, personally appeared Daniel Gray of the Town of Ballston in said County, aged seventy three years, who being by me duly sworn according to law, doth depose and say that he is now & was more than twenty five years a near Neighbor to Ezekiel Wakeman who has sub- scribed and sworn to the annexed Affidavit, when Kimberly Syon the applicant for a Pension (the person named in the said affidavit) resided in the neighborhood, as a labor- er and labored for the said Ezekiel Wakeman on his Farm, & being a relative of the said Ezekiel - he was often there at other times from that time to the present, where also at the time afore- said he this deponent became intimately acquainted with him the said Kimberly & has been acquainted with him ever since that he this deponent well recollects that the said Kimberly at the time of his first acquaintance with him as aforesaid related to him this deponent an account of his Revolu- tionary services at West Point that he had enlisted and served for three years, as stated by the said Ezekiel Wakeman in his said affidavit and he has often heard him relate the same to other individuals at that time & since and his statement has been uniformly the same in substance And he this deponent further certifies that from his belief the said Kimberly Syon is a person of character for ve- racity, & that his statement is entitled.
STATE OF NEW-YORK, } ss. SARATOGA COUNTY CLERK'S OFFICE, }
I, ALPHEUS GOODRICH, Clerk of the coun- ty of Saratoga, Do Certify, that Abel Meeker before whom the annexed affidavit pur- ports to have been sworn, was at the date of the same, one of the Justices of the Peace in and for said county, and that I am acquainted with his hand writing, and verily believe his name subscribed to the said affidavit, to be his proper hand writing and signature
WITNESS my hand and seal of Office, the 29 th day of June — 1836
A Goodrich Clerk
Salmon Gregory

State of New York County of Saratoga } ss,
Be it known that before me the undersigned a Justice of the Peace in and for the said County, personally appeared Daniel Gray of the Town of Ballston in said County, aged seventy three years, who being by me duly sworn according to law, doth depose and say that he is now & was more than twenty since ago a near Neighbor to Ezekiel Wakeman who has sub= scribed and sworn to the annexed Affidavit, when Kimberly Syon the applicant for a Pension (the person named in the said affidavit) resided in the neighborhood, as a labor= er and labored for the said Ezekiel Wakeman on his Farm, & being a relative of the said Ezekiel - he was often then at other times from that time to the present, (where also at the time afore= said he this deponent became intimately acquainted with him the said Kimberly & has been acquainted with him ever since) that he this deponent well recollects that the said Kimberly at the time of his first acquaintance with him as aforesaid related to him this deponent an account of his revolu= tionary services at West Point that he had enlisted and served for three years, as stated by the said Ezekiel Wakeman in his said affidavit and he has often heard him relate the same to other individuals, at that time & since and his statement has been uniformly the same in substance And he this deponent further testifies that from his belief the said Kimberly Syon is a person of character for ve= racity, & that his statement is entitled to credit
Subscribed and sworn before
Me this 28 th June 1836
A M cKee Justice
Daniel Gray

State of New York County of Saratoga } ss, Before me, personally appeared James Comstock of the Village of Ballston Spa in said County who being duly sworn, says, that he is well acquainted with the within named Daniel Gray, that he is an old Inhabitant of Ballston, respectable & intelligent His character for truth is fair, he has never heard it doubted, or his general character impeached Sworn before me this 2 nd July 1836 A. M c Rever
And I the said Justice do hereby certify that I am well acquainted with the above named James Comstock that he is an old and respec- table Inhabitant of the village of Ballston Spa and that his character stands fair and un- impeached.
Dated Ballston Spa July 5 th 1836
A. M c Rever

368 In the matter of Kimberly Lyon
Pinned paper—
More than 2 years.
C. F. Ingalls
See

State of New York
Washington County ss. I Jesse S. Leigh Clerk of said County do certify that Charles F. Ingalls before whom the annexed certificate of Ephraim Pitts and George Jennings, purports to have been sworn was at the time of the signing one of the Judges of County Courts in and for the said County and that I am acquainted with his hand writing, and am fully led to believe his name subscribed to the said certificate to be his proper hand writing and signature.
IN testimony whereof I have hereunto set my name and affixed the seal of the said Court - this 29 th day of August 1832
J. S. Leigh C.R.