Revolutionary War Pension and Bounty Land Warrant Application File R 6840, for David Malary, Connecticut

SERVICE
NUMBER _____
born.
Malary, David
P 6840
CONTENTS

David Melauz
Oct 1882. N. Y.
77 6 Pips

State of New York } County of Cayuga }
Be it Known, that on this Second day of January A. D. 185 3 before me, the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared John Mallory
resident of Aurora in said County, and made oath according to law that he is the legal heir of David Mallory who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of
that he is directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney, and authority heretofore given, I hereby constitute and appoint SAMUEL M. KNIGHT , of Washington City , my true and lawful Attorney, to prosecute the claim of David Mallory for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
John Mallory
Sworn to, Subscribed and Acknowledged before me the day and year above written, and I hereby certify that I believe the said John Mallory to be directly interested in said claim as set forth, and to be the identical party therein alleged.
Wm B. Woodin Justice of the peace
State of New York } County of Cayuga }
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Cayuga County Supreme Court that John Mallory the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney is the child of the reputed soldier aforesaid. I further certify, that William B. Woodin Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this Third day of January 185 3
E. B. Marvin Clerk of Cayuga County
1. Claimant's name or names in full.—2. Post Office address. 3 "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

David Mahony
34,663
on Roles - Meigs
Enlisted 28 Mar. 77 war
disch d 4 May 79 -

State of New-York,
Cayuga COUNTY, ss.
On this 17 th day of August A. D. 1832
personally appeared in open Court , me the first Subj. J. before the Court of Common Pleas in and for the County of Cayuga
and state of New-York, knowing , David Malary a resident of Scipio
in the County of Cayuga and State of New-York, aged 80 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 7th, 1832: - That he entered the service under the following
named officers, and served as herein stated: - That about the twelfth of March
AD 1777 at the town of Woodbury in the County of Litch-
field in the State of Connecticut he was drafted to
fill up the continental army, that he entered the ser-
vice of the United States, for a term of nine months and was enrolled in the company
commanded by Captain... Mansfield in Col Muggs
Regiment (called the regiment of leather caps) that
he entered said service at Stamford, that he marched
with said company to Horse neck as he believes, from thence
along up the Hudson River to West Point where he re-
mained a short time, from thence back towards New York,
that said company was discharged on the Hudson
River below West Point at the expiration of nine months
from the time that he entered said service, that he
served during said term as waiter to Major Eli Sew-
worth, that he continued to serve as waiter to said Sew-
worth after said company was discharged, and went with
him as such waiter to New Haven where he was dischar-
ged having served a term of nine months, that immedia-
tely after his aforesaid discharge he enlisted into the same
company and Regiment for a term of during the war, that
immediately after his enlistment he hired a substitute,
employed his servant a black man named Grace
Fruman who entered said service in said company
as his substitute, that said Fruman continued to serve
as he was informed and verily believes until the time
of the battle of York Town in which battle the said Fruman
was engaged and was wounded and taken to the Hospi-
tal where he died soon after that he has never seen said
Fruman since that time and verily believes he was wounded
according to the information which he then received
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of any State or territory David Malary
Sworn to and subscribed the day and year aforesaid.
L. Richardson First Judge of Cayuga

I Joseph L Richardson first judge of the Court of Common Pleas in and for the County of Cayuga and State of New York do hereby certify that it appears to my satisfaction that the said David Malary was a Revolutionary soldier and served as he states and that he is unable to attend Court by reason of bodily infirmity. Dated August 17 th AD 1832
J. L. Richardson first Judge of Court
State of New York Cayuga County
I Michael S Myers Clerk of the Court of Common Pleas in and for the County of Cayuga & State of New York do hereby certify that Joseph L Richardson before whom the foregoing declaration was made and by whom the foregoing certificate was made was on the day of the date thereof and still is the first judge of said Court duly commissioned and sworn and that full faith and credit are to be given to his acts in that capacity that I am well acquainted with the handwriting of the said judge and believe his signature to the said declaration and certificate to be genuine. In witness whereof I have hereunto affixed the seal of said Court and subscribed my name the 17 th day of August AD 1832
M. S. Myers
David Malary

In reply to your request of _____, received _____ for a statement of the military history of David Malary a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
Ref - 6840
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     March 9. 77 9 mos Mansfield Meigs Conn.                                                                 
Battles engaged in,
Residence of soldier at enlistment, Eul Woodbury Conn.
Date of application for pension, March 17. 1831.
Residence at date of application, Southbury, Conn. 1832 Scipio NY 1836 Venice NY 1838 Unadilla NY
Age at date of application, 78
Remarks: Sol stated his wife _____ was dead.  1853 John Malary of Aurora NY testified that he was legal heir of  Sol whose death is not stated - This claim was not  allowed satisfactory alleged proof of service never furnished

Venice Cayuga Co. N.Y. August 15 th 1836.
Sir
This is to solicit your favourable attention to the claim of David Mallory an aged and very respectable man of this town, to a Pension whose circumstances are such that a small pension would be a great comfort and much help in his declining years - he informs me that an application has been made and as he thinks, from the replies sent from your office, there was some mistake in the originals that were never rectified - that he never intended to declare for services as an enlisted soldier in the summer of 1777, but on the contrary that he was drafted in March '77 and was discharged in December of the same year - that upon his discharge he enlisted and went home on furlough and sent his servant as a substitute - that he has been recently to Connecticut in search of testimony to support his claim, but can learn of none of the company now alive - and furthermore he says there was in the service at the same time with himself another man named David Mallory who might have been guilty of the crime of desertion - but for himself he only served in the campaign of '77.
Now Sir if it is possible to grant the old gentleman a rehearing, the cause of humanity and as is believed by those best acquainted with him, the cause of justice would be promoted by a review and a decision upon liberal grounds.
Be assured Sir I would not intrude thus upon your time were it not the fact that the old man has ever since he came to these parts sustained a name for veracity & respectability and as far as my knowledge extends he is fully believed by the most intelligent of community to be entitled to full credit for what he says of his services in the Revolution - I enclose an affidavit of said David wishing you to inform us what additional testimony or authentication will be necessary and whether said affidavit

or any he might make supported by the certificate of a clergyman and other citizens would be deemed sufficient or whether any course can be devised by which he may be placed on the Pension Roll
Any communication you may make will be
Thankfully acknowledged by your Obedient Servt.
E. W. Bateman

David Mallory
Aug 22 August 16 th Pierce W. B. N.Y.
Free. J. L. Edwards Esq. Commission of Pensions Washington D.C.

War Department Pension Office
August 23 d 1836
Sir, In reply to your letter of the 15 th inst. and on the subject of the claim of David Mallory for a pension under the act of June 7 th 1832 I have to state that the record evidence in this case which is that the applicant enlisted in Col Mays regiment 28 th March 1777 and deserted the 4 th of May 1779 cannot now be controverted by parol evidence: If two privates of the same name belonged to the regiment at the same time, this claim might be sustained by two credible witnesses stating for the truth of those facts
Respectfully
Your Obl servt J. L. Edwards
E. W. Bateman Esq. Venice N.Y.
1802 11- -111111-

Washington Dec. 12. 1836
Sir
I have the honor to transmit the enclosed and request you to review your decision in the case of David Mallory. I hope the explanation offered in the enclosed of there having been two persons of the same name will do away the objection to his claim. If not please to state what further testimony it is necessary for him to furnish.
I have the honor to be Respectfully Yr. ob d Serv t W. T. Dobbleday
Wm. J. L. Edwards Comm ee of Pensions

Washington, July 20. 1884
Sir:
The case of Daniel Malary, N. Y. Art 32, was rejected because in the transcribed list of the Connecticut troops in your office he is returned as having deserted May 4. 1878. I find by the original returns for May, 1879, of his company, embracing all the month of April, '79, that he was then sick at Kingston. It is incredible that he should have left his sick bed in four days after to desert. I ask that the original company roll of Capt Pond be examined for June, 79 - when I am confident the return will be found incorrect.
Very Resp ly -
J. H. C. Fajette
Capt. Pond } Col. Meigs - }

21719
David Mallory banishment
not 18 March 1818
Penhida
Rejected 27 April 1870 vide letter to John Beach Esq do. to applicant June 20. 1871
6840

Acts of July 14, 1862, and March 3, 1879.
6844.
P. O. _____
Dawn Malary
Service: _____
No David Mallory in 1777 on Capt Mansfield roll but
Enlisted: was in Capt Pond's Co , 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: 1-0.
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

David Mallory Conn - Rev.
R. 6840
to
A. W. Dunn 2334 Mass. Ave.
Personal request
JUN 10 1907 O. W. and N. Div.

BOARD OF REVIEW.
Department of the Interior, BUREAU OF PENSIONS,
Washington, D. C., _____, 190____
No. Claim, _____
Cert. No. _____
Claimant, _____
Soldier, _____
Co. _____ Reg't _____
Respectfully returned to the Chief of the _____ Division for reference to the Special Examination Division in accordance with accompanying slip of the Re-Reviewer _____ _____ _____ _____ _____ _____ _____ _____

1907 June 21. Hist. to A. W. Dunn - C.
Acts of July 14, 1862, and March 3, 1873.
6840
P. O. _____
David Mallory
Service: This soldier was dropped by the office to be the same as applied under act 1837
Enlisted: _____, 18
Discharged: no 6841 (Deserted), 18
The only David Mallory found or
Application filed: _____, 18
Muster rolls in 1777 was in Capt Ponds Co. The name not in
Alleges: Capt Mansfield Co in 1777 to 1778
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Wanda Malary Project
Rev. A. Gould 13 Sep 1833
let to E. W. Bateman.
23 Aug. 1861.
How N.C.F. Publishing Co. 29. 1836
W. to Hon. A. Gallup 12 Dec. 1838
J. H. C. Pirkle Feb 25/54
1874
Art. Name 32

June 10 - 1826
Mr. D. D. D. I wish you could ask David Melery to get the pension for my wife in the Revolutionary war. I never went to Washington and he has returned me as a Director which is not so. I was called an Abolitionist in 1877 for some months. I never had any time of service. There was a David Melery he was a subject for Robert Stearns Thurber before the war. Melery had been out he left during the war and before his time was out he died the end of June the last of July or the beginning of August 1877. I was not in the service after 1877. This I certify to be the truth. Yours your trustful I in getting you shall be well as I want for your kind.
This is from old man Melery D. D. D. Mr. D. D. D.

If you wish to know of my Character enquire of Sherman Beardsley of Auburn Also of Beardsley David Malory

State of New York County of Cayuga ss:
David Mallory of the town of Hume in said County being sworn in due form of law before C. H. Bateman a Justice of the Peace in and for the County aforesaid, makes oath and says that he is the identical person who has heretofore claimed a pension on account of services rendered during the Revolutionary war and in the summer of 1777 - that he has used diligence in enquiring and searching for living testimony to support the statements contained in the original Declaration and cannot learn as any of the company in which he served are now living - that he was drafted March 9 th 1777, and went into active service and there remained doing the duties of a faithful soldier until the December of the same year when between the 20 th and Twentyfifth days of December he was regularly discharged by Maj. Eli Leavenworth Continental Muster Master - that his discharge was in his possession until he was about to remove to this place when it was burnt with other stale papers supposed not worth moving - that he did not leave the service, as, was intimated in the last letter from the Pension Office but remained true and obedient to his officers until he was regularly discharged as above stated - (that the discharge was given by Maj. Eli Leavenworth - this repetition being added to rectify a mistake in writing the name above)
Subscribed & sworn this 12 th day of August 1836, before me
C. H. Bateman Justice
David Mallory

State of Connecticut ss County of New Haven
County Court - On this 17 th Day of March 1831 Personally appeared in open Court for the County aforesaid the same being a Court of Record having the power of fine and imprisonment and proceeding according to the common Law - and having been expressly adjudged to be a Court of Record. David Malary resident in Southbury in said County aged seventy eight years who being first duly affirmed according to law doth on his affirmation make the following Declaration in order to obtain the benefit of the provision made by the acts of Congress of the 18 th of March 1818 and the first of May 1820 that he the said David Malary enlisted for the term of nine months on the 9 th March or about the 9 th March 1777 in the company commanded by Captain Mansfield in the Regiment commanded by Col. Meigs in the line of Connecticut on the Continental establishment - that he continued to serve in the said Corps until the middle of December 1777 when he was Discharged from the same at Palmers hill in the State of New York - and that he relinquished all Claim whatever to a pension except the present and the following are the reasons for not making an earlier application because until about the 1 st November 1829 he supposed he owned property that would prevent it that for six years previous to the said 1 st Nov 1829 his said wife was sick and generally during that period under the care of a physician, immediately after Death of his wife on paying off the expenses incurred by her sickness he found himself a Bankrupt

And unable to pay all he owed he then resided at Scipio - New York -
And in pursuance of the act of the first of May 1820 I do solemnly affirm that I was a resident Citizen of the United States on the 18 th  Day of March 1818 and that I have not since that time by gift or in any manner disposed of my property or any part thereof with intent thereby 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 18 Day of March 1818 and that I have not nor has any person for me in trust any property or Securities Contracts or Debts due me nor have I any income other than what is contained in the schedule herunto annexed and by me subscribed That since the 18 th of March 1818 the following changes have been made in his property viz before that time & upon that Day he owed a debt against Henry Bolt of Scipio of about three hundred Dollars secured by mortgage and four Bonds and some household furniture that his wife about 1820 was taken sick - and unable to labor and was very expensive and the monies due to  him received of Bolt on said mortgage which he paid said Mallory was all expended to defray the expense of support at her sickness

The four Cows Died of a Disease among Cattle that prevails in that part of the Country
After the Death of my wife her son John H. = Mallory took the furniture she left and applied the same to his own use the said declarants wife having lived for some years with said John H. Mallory Daria Mallory
Affirmed to and Declared the 17 th Day of March 1831 before the County Court for New Haven County
Sworn to and Declared on the 17 th Day of March 1831 Is John Beach Clerk of the County Court for New Haven County do hereby certify that it appears to the satisfaction of the Court that the said David Mallory Did serve in the Revolutionary War as stated in the preceding declaration against the common enemy for the term of nine months under one engagement on the continental establishment I also certify that the foregoing oath or affirmation and the Schedule thereto annexed are truly copied from the records 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 Thirty Dollars
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on this 17 th Day of March 1831 Attest. J. Beach Clerk of the Court of the County of New Haven

Schedule of Property of Daria Mallery
1 Bed & Bed clothes $ 15.00 weaving apparatus 15.00 $ 30.00
Daria Mallery

State of New York Albany County p-
On this sixth day of Dec. 1838 Personally appeared in open Court before the Justices of Court, now sitting, David Mallory now a resident of New Scotland in the County of Albany & State of New York aged eighty six years on the twenty ninth of July last past, 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 he was originally a member of Captain Herber's company of militia in the County of Litchfield & State of Connecticut that he was drafted therefrom as one of twenty nine men at Roxbury in said County about the ninth day of March 1777. That the said twenty nine men with others formed what was called the Alarm List . Company - That immediately thereafter he was mus- tered & marched to New Haven Connecticut under Brigs Colonel Eli Leavensworth Major, & Mansfield Captain - That he served from the said ninth day of March at the following places viz - at New Haven Connecticut at Norwalk & Fairfield, in Connecticut & other intermediate places between there & the High- lands in the State of New York where he remained until he was discharged which was about Christmas in the said year 1777. That the time he ser- ved as aforesaid was about nine months & eleven days - That he was honorably discharged & never served for any longer or at any other period during the Revolutionary war - That he was detailed & served as waiter for servant to Major Eli Leavensworth during portion of the time aforesaid - That his discharge was destroyed by fire at Roxbury aforesaid about twenty five years ago -

That he resided in Roxbury Connecticut from the time of his birth until about twenty five years of age when he removed to Seneca, Cayuga County, New York where he resided until April 1837 when he became a resident of the town of New Scotland of Albany County, where he now resides.
That another man by the name of David Mallory went into the Revolutionary army shortly after the commencement of the service of this claimant, that the David Mallory last mentioned went into the service as a substitute for one Robert Purcell. That this claimant is informed & verily believes that said David afterwards enlisted into the Regular Army & deserted therefrom sometime in 1779.
That this claimant was well acquainted with the said David Mallory but is not the same David Mallory, who deserted from the Revolutionary army & that this claimant never served or enlisted in said army after 1777. David Mallory.
Solemnly Affirmed to in } Open Court this 6 th day of } December 1838. }
John G. Watson 6th
In testimony whereof I have hereunto affixed The seal of the said Court and subscribed my name this day and year above written J. G. Watson 6th