Revolutionary War Pension and Bounty Land Warrant Application File S. 44,538, for Joseph Markham, Connecticut

SERVICE
Markham Joseph
NUMBER
Conn.
8.44.538
CONTENTS

See letter of March 1830 to Hon. H. Hubbard.
5.609
New Hampshire Joseph Markham
of Cheshire Co. in the State of N. Hampshire who was a private in the Company commanded by Captain Fitch of the regt. commanded by Colonel Durkee in the Connecticut line, for the term of three years. from April 1777 to April 1780
Inscribed on the Roll of New Hampshire at the rate of Eight Dollars per month, to commence on the 11 day of May 1818, and
Certificate of Pension issued the 20 of January 1819 and sent to C. Hambley.
Restored to the Roll on 20 day of February 1830 and notification sent to Hon. H. Hubbard at House of Reps. Pension commencing on the 20 of February 1830
Amount due on 4th of March 1830 }
$ 2.57
{ Revolutionary Claim, Acts March 18, 1818, May 1, 1820. }

I Joseph Markham of Rehworth in the County of Cheshire and State of Hampshire — Husbandman do make the following declaration upon Oath
That in the year of our Lord one thousand Seven hundred and Seventy Seven in the Month of April I enlisted as a private Soldier in the Continental Army in the United States of America at Chatham in the State of Connecticut in the Connecticut Line for three years under Ensign Ezra Smith and was Joined to Capt Andrew Fitchs Company in Col John Dueres Regiment and sent from New Haven with Col Mays to Long Island and there helped take Twenty three prisoners and eight pieces of the British Vessels which were loaded with hay after which we Marched to Bethells near West Point and from there to the State of Pennsylvania and from place to place and was in Formantown Battle and continued in the Service untill my three years was Expired and Received an Honorable Discharge which I since Left at Hartford in said Connecticut
I am Seventy five years of Age and Past Labor and by Reason of my Reduced Circumstances in life I stand in need of assistance from my Country for Support for Joseph Markham

State of Hampshire
Cheshire ss. May 11 th 1783 Then Before Elisha Huntley a Justice of the Court of Common Pleas in and - for Said County of Cheshire personally appeared Joseph Markham before named and made solemn Oath that the foregoing declaration by him - Subscribed contains the truth and nothing but the truth and it having been made to appear To my satisfaction that the said Joseph Markham Did serve in the Revolutionary war against the Common enemy in manner as by him is Stated in said declaration thereby certify and Transmit the Testimony in this case being his Oath - -
To the Honble John Abbot
Secretary of war
Joseph Markham private Durore Con t Reg t 1777 to '80
Elisha Huntley
one of the Justices of the Court of Common Pleas
for said County
Cheshire ss. Levi Chamberlain, Assistant Clerk of the Court of Common Pleas for the County of Cheshire do hereby certify that the above is the signature of the Hon. Elisha Hunt- ley, a Judge of said Court, duly commissioned, and no particular impression is used as a seal by said Court.
In witness whereof I have hereto subscribed & affixed a seal in form as used by said Court this 20 th day of May A D 1783
to the Secretary of war This May 10 th 1783 that I have
Examined into the circumstances of the within Joseph Markham and find that he is poor and stands in need of the assistance of his Country for support near the value of the Court of Common Pleas for said County
Sharon January 3 rd 1819
Levi Chamberlain Elisha Huntley

Joseph Markham
Cont'd
5609
20 June 1819

SCHEDULE,
Of the whole estate (necessary clothing and bedding excepted) and income of Joseph Markham of Acworth in the County of Cheshire and State of New Hampshire, Applicant for a Pension under the act of Congress of May 1st, 1820.
Personal estate
  1 Coopers Ax $0. 25  two d o adze $0. 20  — $ 0. 45    2 Old Shaves $ 0. 25  comp d and crozing iron $0. 45  0. 70    1 jointing iron $ 0. 15  two peed augers $ 0. 30  0. 45    1 hammer $ 0. 20   0. 20      $ 1. 80  
The said Joseph Markham states to us, that he being placed on the pension list under the law of 1818 and having drawn his pension money for the first time, made an agreement with Jeduthun Waldo his son in law and gave him up his pension which he had drawn and what he might hereafter draw excepting ten dollars yearly for expense money and took a Bond of him for his support and maintenance and for the support of his daughter Betsey during her natural life — There is no surety to said Bond except the signature of the said Waldo — the Bond is in the hands of Esq. James H. Wengham of Alstead for safe keeping...  Joseph Markham..

STATE OF NEW HAMPSHIRE.
CHESHIRE COUNTY SS.
COURT OF COMMON PLEAS.
ON this eleventh day of July 1820 personally appeared in open court
being a court of record for said county, proceeding according to the course of the common law, having a jurisdiction unlimited in point of amount, and keeping a record of its proceedings,
Joseph Markham aged Seventy Seven years, resident in Acworth - in said county, who being first duly sworn, doth on his oath declare, that he served in the Revolutionary war as follows: That he enlisted in Chatham in the State of Connecticut in April 1777, for the term of three years, as a private in Captain Andrew Fitch's company which belonged to Col. John Durgée's Regiment of the Continental Troops; that he continued to serve during the term of his enlistment in the same Regiment under the command of Col. Durgée and into the same company into which he first enlisted. And that he was discharged in April 1780, and then he left the service.
The date of my original declaration in order to obtain a pension is the Eleventh day of May 1818. The number of my pension certificate is 5609 .
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 contained in the schedule hereto annexed, and by me subscribed.
My occupation is that of a Farmer - I have no sufficient ability to pursue it by reason of my advanced age and in consequence of a severe lameness and so great are my infirmities, that I am entirely unable to do any service.
I have one person residing in family with me - my daughter Betsey Markham aged thirty nine years - she has for the last sixteen years been confined to the house and by reason of her severe sickness she has not been able during that term of time to do any kind of labour. She has been a great expense to me, and I have no reason to suppose that she ever will be better.
Joseph Markham
Sworn to and declared at Charlestown in said County, on the Eleventh day of July before Elisha Nuntly , Judge of said Court.
I, SALMA HALE, Clerk of the Court of Common Pleas, for the County of Cheshire, do hereby certify that the foregoing oath and the schedule thereto annexed, 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 in the aforesaid schedule, is
one dollars and eighty cents, exclusive of the interest in the bond
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this twelfth day of July
A. D. 1820
S. Hale

Rev. & 1812 Wars Section
7429
May 29, 1925.
Miss. Ethel Markham, 116-C Mansion Street, Marshall, Michigan.
Madam:
I have to advise you, that, from the papers in the Revolutionary War pension claim, S-44538, it appears that Joseph Markham, while living in Chatham, Connecticut, enlisted in April, 1777 and served three years as a private in Captain Andrew Fitch's Company, Colonel John Durkee's Connecticut Regiment and was in the battle of Germantown.
He was allowed pension on his application executed May 11, 1818 while living at Ackworth, New Hampshire, aged 75 years,
The name of his wife is not on record, but he had children, Esther, Sally, and Betsey, who was 39 years old in 1820, and a son-in-law, Jeduthan Waldo, the name of whose wife is not mentioned.
Respectfully,
WILDER S METCALF, Commissioner.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of Joseph Markham 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.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Apr 1777 3 yrs Pos. Andrew Fitch John Durkee Conn.                                     
Battles engaged in, Germanstown
Residence of soldier at enlistment, He res at Chatham Conn.
Date of application for pension, May 11, 1888. His cl was at
Residence at date of application, Ackworth N H
Age at date of application, 75-
Remarks: The name of soldier's wife is not on record
he had children Esther, Sally and Betsey who
was 39 yrs old in 1820. & a son-in-law Jonathan
Walds, name of his wife not given
Respectfully,
Commissioner.

New Hampshire.
Joseph Markham.
This man has been continued on the Pension List, but his pension stopped in consequence of information given by Jon. Mitchell, viz: that Isathur Waldo entered into a bond with the claimant to support said claimant & wife during their natural lives, and to support a weakly daughter of the claimant, so long as the claimant or his wife lived. If the daughter outlived the parents, said Waldo was to give to her $100, with a bed & bedding; and to Esther Markham $100. Said Waldo was also to pay two other small legacies. The consideration of the bond was personal property conveyed to the s d Waldo by the claimant, worth at the time of conveyance $1200. The informer states the bond to have been given in the summer of 1815, and that it was lodged in the hands of a neighbor for safe keeping, till the last of April 1818, when the claimant having a view to a pension, took the bond in his own hands; but in order to keep pace with the pension laws, a second bond was executed since May 1820, which gives to Waldo all the claimant's pension, except $10, per annum - so that Waldo is the Pensioner.
instead of the claimant.
In support of the claim, the affidavits of James H. Bingham, (who drafted the bond, and gives a copy of it, embodied in his affidavit), Isathur Waldo, (the claimant's son in law) are exhibited, and go to substantiate the statement against the claimant, with the following variations, viz: that the bond was given in May 1819, for the consideration of $1000. The affidavits of Wm Grant and Elisha Parks, state that they were well acquainted with the claimant, and that they know of no means which he has of support, except the bond from Waldo. The Hon. W. Malson states that full credit ought to be given to the testimony of the affiants.
see letter to Hon. J. Healy H. R. Jan. 3. 1829.
See letters 20 May 1824, to
Hon: Aaron Malson and 22 May 1824 to D. Dyer, 18 Apr. 1825.
1 st to J. Markham Jan. 20: 1826.

611 C. Mansion St. Marshall, Mich. March 29, 1925.
Bureau of Pensions, Washington D.C. Gentlemen:-
Will you kindly send me a copy of the pension record of Joseph Markham, born Conn. 1742, married Mehitable Spencer, served in the Revolutionary War in Conn., residing Acworth New Hampshire.
Please give all family data as that is what I am particularly anxious to secure. Thanking you for your courtesy, I am.
Very sincerely Yours
Ethel Markham

ALSTEAD.N.H. DEC 15
Friend
Wm
Hon. Henry Hubbard Esq. Member of Congress Washington city.

Atstead Dec r 14. 1829 -
Hon d H. Hubbard
Dear Sir
Joseph Markham a soldier of the
Revolution and who was formerly on the pension list but was suspended, probably on account of his property has now made application to the Town for support, he says he is entirely destitute of the means of maintaining himself and unable to labour by reason of his age (between 80 & 90 years) and bodily infirmities, he has for a few years past been supported by Walter his son-in-law, who now entirely refuses to do any more for him and who probably does not possess property enough to make him chargeable by Law - and we know of no way for this or some other Town to get rid of supporting him, I wish therefore you would state the case to the proper authorities and inform us what course to pursue to have him again restored to the pension list. Yours with Great Respect Asa Weston, the Just. for the Town of Atstead

Joseph Markham priv:
Suspended - see caveat within.
Also, see letters to Prof. Br. Bk: U.S.
Portsmouth, N.H. & likewise to Pensioner dated 27 th Feb y 1824 -

RECORDS JAN 27 1922 DIVISION

18115.
129 W. Queen Lane, German town, Phila, Pa.
January 26-1922.
Bureau of Pensions, Rev. War Section.
Gentlemen:-
Will you kindly inform me if these three patriots who served in the Revolutionary War, received pensions, and if so will you send me copies of the records. Thanking you for your courtesy, I am
Very sincerely yours, Celia L. Chamberlin.
-1- Joseph Markham, wife, Melitable

Spencer, lived in Acworth, N. H. during the Rev. and I think died there.
-2- Stephen Peabody, born in none us des. Boxford, N. H. (?) July 22-1753, mar. Feb. 1-1787, Elizabeth Clark of Rochester, N. Y. and he died in Vergay, Ind. Feb. 6-1838.
-3- Justus Hinman, born none July 24-1752, mar. Feb. 1-1774, Abigail Summers. I do not know date of death. He served in Connecticut and in Brussels of 1790 was head of a house in Southbury, Ct.

c/o Hon. Secy of War

Washington Feb y 20. 1830
Dear Mr. A. Eaton.
Secy of War.
Sir.
I have called at the office this morning. for the purpose of having an interview with you in relation to the case of old Mr. Markham - I think that my communications heretofore can not be understood - and I would take the liberty of asking your attention again, for a few moments to the papers in this case.
† The Board of Wardo was given in the penal sum of $1000 - and the consideration was the transfer of Bids - adding as to the value of $2 or 300 - and the transfer of his pension to Waldo - save $10. which Markham reserved for pocket money - Whereupon Waldo ob- ligated himself to support Markham.
In other words this obligation is founded on the receipt of all the pension money

Save $10 - 00
1 st Question - If the Markham is deprived of his pension, can the Board be enforced? I think not - as that was the basis of the Board - and of this opinion is Mr Woodhams, as you will see by his certificate.
2 nd If the Board cannot be enforced, what would be the value of the property of which Markham can avail himself, out of the articles which were passed over by him to Waldo and which constituted in part the consideration of the Board?
Answer - Not a cent, because the value of in the first instance did not exceed $300 - (as appears by the Evidence). and since 1824

(When Markham was suspended from the Pension List) - every farthing of this sum has been exhausted - - as the Affidavits of the Selectmen of Brewster, and of the Select- men of Stitesboro show - - and as must be inferred from the circumstance that he now is a Pauper, chargeable on the Town for his support.
As Mr Markham is nearly ninety years of age and very in- firm - and as I nearly believe, entirely destitute of property without any grand father on his part - - I do hope that he may receive, for the few days he has yet to live - the gratuity afforded by his country to such faithful soldiers of the Revolution.
Very respectfully
Your Obedt Servt Henry Howard

Alstead N.H. June 23
Friend
Hon. Henry Hubbard asq. Member of Congress Washington City

Atstence January 20. 1830
Hon. Henry Hubbard
Dear Sir on the 11th of December I address d to you a letter respecting the Pension of Joseph Markham a Soldier of the Revolution requesting you to inform us what course to pursue to have him again restored to the pension list, but have received nothing from you, presuming that my letter to you has not arrived I repeat the substance of it again.
Markham was formerly on the pension list but for some reason (probably on account of his property) was suspended he is now poor, and has made application to the Law for support. he is about 80 years of age and not able to labour for his maintenance he has for a few years past been supported by his son in Law Waldo who now entirely refuses to do any more for him and who probably does not possess property enough to make him chargeable by Law, for his support, and we know not why this or some other town are not obliged to maintain him. you probably have had some knowledge of the case before and will be prepared to direct us what course to pursue to have him again restored to

the pension list which he is believed to be Justly entitled, please re write me first mail concerning the business - and oblige yours. with much Respect
Asa M c Wentworth Junior.
Hon. Henry Hubbard Member of Congress Washington City

D.
J. L. Edwards Esq.
Allowed from this date 20 Feb. 1830
J. H. Eaton

Washington Jan'y 30. 1830
J. L. Edwards Esqr
Dear Sir.
I have received since I have been in Washington the two letters which accompany this communication - and from entire forgetfulness I paid no attention to the first until the arrival of the last. A few years ago I was well acquainted with the case of Mr Joseph Markham then of Acworth, a Revolutionary pensioner of the United States, and was not ignorant of the motives and the means which in- fluenced Jonathan Mitchell at the time he made his communication to the Department which led to the removal of Markham from the List of Pensioners - Mr Mark- ham is a very old man - and very ignorant - he is entirely destitute of property as must appear from the affidavits of the Selectmen of Acworth and of Hinton with each of whom I am personally ac- quainted - and would take this opportunity

to remark that the most entire confi- -dence may be placed in their statement the gentleman who writes the two letters which I now forward is at this time one of the Selectmen of Attle- and I should not hesitate to give entire reliance upon his statement - I am myself well acquainted with Waldo the son in law of Markham and I do know that Waldo is not under any obligation legal or equitable to furnish any support to old Mr Markham - He has done it as an act of charity - but not as an act of justice - And from my own knowledge I have no hesitation in saying that Mr Markham is entirely destitute of property and that unless he receives a pension

he must be supported by public or private charity - If there is a case which deserves the interpo- -sition of the Department - I be- -lieve Mr Markham's is that case - and I therefore hope that jus- -tice will no longer be with- -holder from this faithful soldier of our revolution -
Very respectfully Yours At Sir Henry Chapman

I William Grant of Acworth in the County of Cheshire State of New- Hampshire do depose & say that I have lived in Acworth ever since Mr Joseph Markham has lived in town - That I have been one of the the Selectmen of the town a number of years - and that I live in the neighborhood of said Markham. And I do say on oath that I know of no means which the said Markham has for his support except the Bond of Jonathan Waldo and that this bond will be of no force if Mr Markham is deprived of his pension. I am of opinion  of opinion that Mr Markham has stated in his deposition the contract that he entered into with Mr Waldo correctly as I lived in the neighborhood & heard of it at the about the time. Wm Grant
State of New Hampshire Cheshire ss. April 5. 1824 Then William Grant personally appeared and made solemn Oath that the above deposition by him signed is just and true. And I certify that the said Grant is a respectable man and entitled to full credit. Henry Hubbard Justice

I Elisha Parks of Acworth in the County of Cheshire & State of New Hampshire do depose & say. That I have lived in Acworth twenty four years. That I am now one of the said Selectmen of said Acworth and also Under Clerk. That I live a near neighbor to Mr Joseph Markham who has drawn a pension - That I do not know of his possessing any property or any means of living except the bond from Sedgwick Waldo. - Mr Markham is an old and a very feeble man. Wholly unable to do any labor.
Elisha Parks
State of New Hampshire. Cheshire ss. April 5. th 1824 Then the above named Elisha Parks personally appeared and made oath that the above deposition by him signed is just and true.
Before me Henry Hubbard Justice
This may certify the Elisha Parks the signer of the above deposition is a Justice of the peace in & for said County of Cheshire a respectable man and a disinterested and credible witness.
Henry Hubbard Jus. peace

5609 A New Hampshire Roll
Joseph Markham Private
In the army of the United States during the Revolutionary War
Inscribed on the Roll of New Hampshire at the rate of Eight Dollars per month, to commence on the 11 th of May 1818
Certificate of Pension issued the 26 th of Jan y 1819 and sent to Plisha Smith for - Judge Marlow - Chesh. Ct
Arrears to 4th of Sept. 1818. 3 M th  \frac{24}{31} + \frac{4}{30} - 30:47 Semi-ann. all'ee ending 4 th March 1819 - 48: -
3 years 1777
178:47
{ Revolutionary claim, } { Act 18th March, 1818. }
Continued
Peckinworth Chesh. Ct
Notification sent to Henry Hubbard Esq Ch. in Chancery N. H. July 21. 1820

44538
Rev INVALID.
File No. 44538
Joseph Markham Rev. Rev. W. A.
Act: 18 th March 1818 to 1 st May 1820
Index: —Vol. 3 , Page 308
[Arrangement of 1870.]
Chamberlain An 1922-Feb. 20. Went to Ada S. Markham - 1924 1925-May 24. Went to Miss Ethel Markham - 1924

Caveat.
Charlestown A.H. Feb. 13 th 1824.
Hon. J. C. Calhoun Esq.
Washington City D.C.
Mr. E. Lewis
D Johnston Caveat.
A

Swoothe NH Feby 11-1824
Hon. J. C. Calhoun
Sir Believing it to be the duty of every citizen to inform the War Department of all improper conduct of pensioners in obtaining money from the public, I am induced to state the following facts as to the situation of Joseph Markham of this town,
In the summer of 1815 Jideh Thun Waldow entered into bonds with said Joseph Markham to support said Markham & wife during their natural life also to support Betsey a weakly daughter of said Markhams so long as either of the old people lived. If she out lived them at their decease said Waldow was to pay to Betsey one hundred Dollars in money, one bed & bedding also Esther Markham one hundred Dollars & one or two other small legacies, Waldow had personal property of Markham at the time to the amount of about $1200. Soon after the writings were made Markham lod d his bond in the hands of a neighbor for safe keeping where it remained till the last of April 1818 at which time Markham took the bond into his own hands, he having a pension in view he applied & obtained a pension not on the principal that he stood in need of support from his country, which was not & is not now the case, But in order to keep pace with the pension acts, a second bond was executed since May 1820 which gives Waldow all the pension but ten Dollars a year. Waldow in fact is the pensioner the above is a simple statement of facts so far as they go and from the foregoing facts it does appear that Markham in 1815 had $1200. - on which to depend for a support for life, & that since 1820 the bond for his maintenance was given up and another given which was done as is believed for the sole purpose of -

bringing him under the last act or continuing him on the pension roll, all which is considered as an inf- ringement of the Law in such case made & provided For further information on this subject you will please to inquire of the Hon. Aaron Matson, M. C., who lives in a few miles of the said Joseph Markham
Yours Respectfully,
Hon J. C. Calhoun
Jon a Mitchell

Charlestown Apr 7 1824
Wm A Nelson.
Dear Sir:
We suspected Mr Markham's reunion has been suspended, and Mr Custer says it cannot be paid at present. The enclosed affidavits will show that the attempt of John Mitchell is truly shameful. That this old man, who is just tottering into his grave, should be deprived for a time of his is somewhat strange pension, at the suggestion of a single individ- ual especially when it is known to us that motives influenced that individual in his conduct - you will see by the enclosed papers that if Mr Markham is deprived of his pension that he will be deprived of all means of support - I need make no remark as to the character & standing of Mr Bridgman - Grant & Parker - they are known to you - and therefore I shall leave all to your discretion - hope you will give it your early attention and procure this old man his right do let me know the exact report of J. Mitchell,

Letter to the Secy.
I am Sir. your Abt Sut.
Johnny Hubbard

Hon Aaron Matson In Congress Washington
Henry H. Wilson Connerick

Charleston March 17. 1824
Dear Sir
I have this moment heard that Jonathan Mitchel of Acworth has written a letter to the Secy of War making representations ag st old Mr Joseph Markham a ganglion who now lives at Acworth — I can only say that Mr Mitchel's statements should be taken with some grain of allow-ance and I do not for one believe that there is any man more fairly entitled to the bounty of our country than Mr Markham — Mitchel is very much offended with a Mr Waldo who testified against him on trial last Oct r Term and Mitchel was then heard to say that he never should have the benefit of old Mr Markham hereon again — Waldo is a son in law of Mr Markham — takes care of him — and every fourth part of the pension ex cept Ten dollars a year is applied for the support of old Mr Markham and that sum the Mr Markham does what he pleases with — Mitchel says that Waldo has given a bond to support the old gentleman Mr Markham says it is not true — I may however be entirely in the wrong in this case — but

Old Mr Markham is a very old man and I can not suppose from his appearance that he would do any thing wrong - and I do believe that this communication to the Levy has proceeded from some mis- understanding between you & Mitchel & Wat- =son - I hope you will do Mr Markham the kindness to see the Levy and let me know if you can what has been written by Mitchel - I thank you, Sir, most sincerely for all your kindness during the session of congress - I shall probably never be able to return like favours - your son will do my business at Outo and I wish you to write me whenever you learn that the Levy has transmitted funds to the several agencies,
With much respect your friend & Old Servt
Henry Burbury

Leo Waldo aft

I Jonathan Waldo of Acworth in the County of Cheshire State of New Hampshire do hereby depose & say that I am son in law to Joseph Markham of the same Acworth who has been a pensioner - That in May 1819 he applied to me to take care of him & his concerns and at that time I entered into a contract with him a copy of which is recited in the deposition of Jas H. Pringham - Mr Markham has note - any other bond from me - at the time I gave this bond he sold & delivered to me all his property of every description and also of his pension money except ten dollars a year - I never should have entered into this contract but the old gentleman was wholly unable to take of himself & his concerns - and had a number of beds & bedding which was worth more than two hundred dollars. Which the two daughters then living with him had help make - and I felt willing to take care of the old gentleman for his pension money and also deliver to

The persons named in the Bond the several therein specified for the personal property then sold & delivered to me. The old Gentleman has lived with me since that time and if he is de- prived of his pension he will have no means of support —
Jeduthun Waldo
State of Massachusetts Cheshire ss. April 5. 1824. Then Jeduthun Waldo personally appeared and made solemn oath that the above deposition by him signed is just and true —
Before me Henry Leeblood Jus. Peace.
I certify that Jeduthun Waldo is a man of good character & entitled to full credit
Henry Leeblood Jus. Peace

State of Newhamp- shire Cheshire ss. }
I Geo. Olcott, Clerk of the Court of Ses- sions for said County of Cheshire, constituted by the laws of said State, a court of record, do hereby certify that Henry Durbavel, the magistrate before whom the annexed depo- sitions of Joseph Mowbray, W m Grant, Elisha Fawles and Jonathan Waldo were taken, was at the time of the taking of said depositions a justice of the peace within and for said county, and that due credence is to be given to all acts of the said Henry Durbavel in his said official capacity as justice of the peace
In testimony whereof I have here- unto set my hand and affixed the seal of said court on this sixth day of April Anno Dom.
mi 1824
Geo. Olcott Clerk of the Court afore a

We Abiel Silsby Jesse Slader and Daniel Kurse Jr Selectmen of the town of Acworth in the County of Sullivan and State of New Hampshire, testify and say that we are well acquainted with Mr. Joseph Markham formerly of Acworth in the County and State aforesaid, and have always considered him an honest and upright man and we do not know of his having any property or of ever fraudulently disposing of any for the purpose of obtaining a pension
Abiel Silsby } Selectmen Jesse Slader } Daniel Kurse Jr } Acworth
Acworth Jan 21 st 1829
State of New Hampshire } January 24 th 1829 Then Sullivan ss. } the above named Abiel Silsby Jesse Slader and Daniel Kurse Jr personally appeared and made solemn oath that the above Deposition by them subscribed is just and true
Before me Edward Slader Justice of the Peace
I, Benjamin N. French Clerk of the Court of Common Pleas for the County of Sullivan in the State of New Hampshire do hereby certify that Edward Slader before whom the above Deposition was sworn was at the time of administering said oath a Justice of the Peace for said County of Sullivan. In wit- ness whereof I hereunto subscribe my name and affix the Seal of said Court this 4 th day of Feb. 1829 B. N. French Clerk

We Asa Wortsworth Jun: Ezra Thresher & Azel Hatch of Atstead in the county of Cheshire and State of New Hampshire testify and say that we are acquainted with Joseph Markham formerly of Acworth in the county of Sullivan and State aforesaid but has resided in Atstead the year past and that the said Markham formerly lived in that part of said Acworth near said town of Atstead which gave us an opportunity of knowing something of his circumstances and the situation of his family. We have allways considered him to be strictly honest and upright in his dealings and that we now consider him entirely destitute of property and we know of no property conveyed away by him improperly nor any fraudulent means used to obtain a pension by him or any other person and we know of no other means of support than by his friends. And we further say that we have for many years been well acquainted with Judathan Waldo who has supported the said Markham for a number of years past and consider him to be a man of truth and veracity, and according to the best calculation we can make of his property it is now worth from fifteen to Eighteen hundred Dollars which he has accumulated by industry and hard labour. he has also a very expensive family which is dependant on him for support.
Asa Wortsworth Jun: Ezra Thresher Azel Hatch Atstead January 30. 1829 Selectmen of Atstead
Acworth Jan'y, 30, 1829.
Ms. B. 1. 6 v. 1 p. 2

State of New Hampshire } January 30th, 1829, Personally shire, ss. } appeared the within name Asa Went- worth jun. Ezra Thaxter, and Abel Hatch, and made solemn oath, that the within declaration by them subscribed is true. —
Before me, Elijah Bingham, Jus. Peace.
I, hereby certify, that the above names Asa Wentworth, Jr., Ezra Thaxter and Abel Hatch, who are the selectmen of said Atstead, are men of strict integrity and of truth and veracity. —
Atstead, Jan. 30th, 1829.
Elijah Bingham, Jus. Peace.
Cheshire ss. February 3 d 1829
I Salma Hale, clerk of all the Judicial Courts in said county certify that Elijah Bingham is a Justice of the Peace in and for said county and that the foregoing are his own signature. — In testimony whereof I hereunto affix the seal of our Superior Court of Judicature. — S. Hale Clerk

We Ezra Skidder and Asa Wentworth Jr. Selectmen of Alstead, County of Cheshire and State of New Hampshire, do testify and say, that we are and have been for a long time well acquainted with Joseph Markham, who for a long time resided in Acworth, a town adjoining said Alstead, and who came to said Alstead about two years ago with Jeduthan Waldo who married a daughter of said Markham. The said Markham, we believe, has his legal settlement in said Acworth. The said Waldo has supported him from the time he came to this town until the 12th day of December 1829, when the said Markham applied to us as such Selectmen for support. We proceeded to examine his case and found him to be entirely destitute of property, and standing in need of relief, and since the said 12th day of December 1829, he has been supported by said Alstead. The said Markham has not, to our knowledge, any paper of any kind against said Waldo, or any other person, for his support, nor has the said Markham, to our knowledge, ever disposed of any property in any way whatever for the purpose of obtaining a pension. We further state, that said Waldo does not in our opinion possess property sufficient to make him chargeable for said Markham's support, being a man of moderate circumstances & having an expensive family dependent on him for support.
Ezra Skidder Asa Wentworth Jr. Selectmen of Alstead

State of New Hamp- shire, Cheshire ss. }
On the 17th day of February A. D. 1830, personally
appeared Ezra Kidder, and Asa Wentworth Jr. and made oath that the statements within made and by them subscribed, are true.
Before me,      Elijah Dingham, Jus. Peace.

For H. Bingham

I James H. Kingham of Alstead, in the county of Cheshire State of New Hampshire, of lawful age, depose and say: That on the 25 th day of May, A. D. 1819, Mr. Joseph Markham, and Mr. Jeduthun Waldo, both of Acworth in said county, came to my office in Alstead, and requested me write a certain bond for them, about which they had agreed, and which bond I wrote for them in the words following, to wit: "Know all men by these presents, that I Jeduthun Waldo, of Acworth, in the county of Cheshire and State of New Hampshire, Yeoman, am held and firmly firmly bound and obliged unto Joseph Markham of said Acworth, Yeoman, in the sum of one thousand dollars, to the faithful payment of which sum to the said Joseph, his certain attorney or assigns, I bind myself, my heirs, executors and administrators, firmly, by these presents. Sealed with my seal; dated this twenty fifth day of May, in the year of our Lord, one thousand eight hundred and nineteen. The condition of the above obligation is such: That whereas the said Joseph Markham has delivered and made over to the said Jeduthun Waldo, all the personal estate, rights and credits of which he is or may be possessed, excepting the sum of ten dollars annually from the pension to which the said Markham is intitled, which last mentioned sum is to be for the sole use and benefit of the said Markham: Now in consideration of the foregoing, if the said Jeduthun Waldo, his heirs, executors or administrators, shall well and faithfully support, maintain, and take care of the said Joseph Markham, in sickness and in health, in all things necessary and proper for him in his situation and station condition in life, during his natural life; shall find him a suitable horse to ride, when he may desire, and shall pay all funeral charges for

The said Markham, at his decease, and cause him to have a decent and proper Christian burial according to his station in life: Shall also maintain and take care of Betsey Markham daughter of the said Joseph, in all things suitable and proper for her in her situation in life, during the life of the said Joseph, and after his decease, if the said Betsey shall be then living, pay to her the sum of fifty dollars annually for three years, commencing one year after the said Joseph's decease: Shall also pay to Esther Markham, daughter of the said Joseph, seventy dollars, one half in one year, and the other half in two years after the said Joseph's decease: And shall also pay or deliver to Sally Markham, daughter of the said Joseph, thirty dollars in money, or a good bed and bedding, as the said Jeduthun may choose, said money or bed to be paid or delivered when demanded after the decease of the said Joseph: - Now if the above condition shall be fulfilled, according to the true intent and meaning thereof, then the above bond to be void: Otherwise in full force and virtue. Jeduthun Waldo. (Seal.)
Attest James H. Bingham
That the said Joseph Markham, as I understood, made over and transferred to the said Waldo, in consideration of said obligation, all his personal estate together with his pension, (excepting the said sum of ten dollars annually) as stated in the above recited condition. That I have, at the request of both parties to said bond, kept the same in trust for them, since the date thereof, till the 22 nd day of March A. D. 1824, when it was delivered to the said Waldo, upon the order of the said Markham to me, as I understood for the purpose of showing the same to Henry Hubbard Esq. who is the agent for receiving the said Markham's pension. That on the 10 th day of Feb y , 1823, the said

Markham came to my office, and requested me to make an indorsement on said bond, which I did in the words following: "Feb. 10, 1823, I hereby discharge the within named Judith Ann Waldo from all and every part of the within bond, by which he is obliged to pay the sum of seventy dollars to the within named Esther Markham, she being now deceased, and I being the sole legal heir of the said Esther deceased."  Joseph Markham  "Attest James H. Bingham
and the said indorsement was signed and sealed by the said Markham, and attested by me as above.  James H. Bingham
State of New Hampshire } Attest, March 31st, 1824. Shire, Cheshire Co. }  The said James H. Bingham personally appeared before me, William Groot, Esq. one of the justices of the peace within and for said county of Cheshire, and made solemn oath that the foregoing deposition by him subscribed is just and true. I further certify, that I am personally acquainted with the said James H. Bingham, that he is of good character, and a person of truth.  W m Groot { Justice of the peace.
State of New Hampshire } Shire Cheshire ss }  I Geo. Ocott, Clerk of the court of sessions for said county, constituted by the laws of said state a court of record, do hereby certify that W m Groot, the magistrate before whom the foregoing deposition of James H. Bingham was taken, was at the time of taking said deposition, a justice of the peace within and for said county of Cheshire, and that due credence is to be given to all acts of the said W m Groot in his said official capacity as justice of the peace.  In testimony whereof I have hereunto set my hand, and affixed the seal of said court on this sixth day of April Anno Domini 1824.  Geo. Ocott Clerk of the court aforesaid

Hon J C Calhoun
Secretary of War

Washington Ap. 13 th 1824
Sir Enclosed are the Depositions of James D Bingham, William Grant, Elisha Parks, Jonathan Waldo and Joseph Markham to be used in the case of said Markham whose pension has lately been suspended I am well acquainted with three of the deponents viz Bingham, Grant, & Parks & can state that full credit ought to be given to their testimony and furthermore that Henry Hubbard is a Justice of the Peace
Yours Respectfully Aaron Matson
Hon J C Calhoun Secretary of War

Secretary of War

Mr. Woodbury is satisfied, that if a bond was given to maintain an individual on condition to receive a pension among other things, - the bond would not be enforced in equity if it would in law, unless the pension was received - especially if the other property was entirely insufficient - Mr. H. - understands the case of Mr. Hubbard to be of this character -
Feb. 19 th - 1830

Brief in the case of Joseph Markham, Submitted to the Sec- retary of War.

Case of Joseph Bartholomew.
This man has been continued on the Pension list but his pension stops in consequence of information given by Col d Mitchell, that Jonathan Waldo entered into a bond with the claimant to support said claimant's wife during their natural lives, and to support a weakly daughter of the claimant so long as the claimant or his wife lived. If the daughter attained the parents said wishes, was to give to her $100 with a bill of exchange due to Esther Bartholomew $100 said Waldo was also to pay two other small legacies. The consideration of the bond was personal property conveyed to the said Waldo by the claimant, worth at the time of conveyance $1200. The informant states the bond to have been given in the summer of 1815 and that it was lodged in the hands of a neighbour for safe keeping till the last of April 1816, when the claimant having a view to a pension, took the bond in his own hands; but in order to keep pace with the pension laws, a second bond was executed since May 1820, which gives to Waldo all the claimant's pension except $10 per annum - so that Waldo is the pensioner instead of the claimant.
In support of the claim the affidavit of James H. Bingham (who drafted the bond and gave a copy of it embodied in his affidavit) Jonathan Waldo (the claimant's son in law) are exhibited and go to substantiate the statement against the claimant with the following variations, viz: That the bond

was given in May 1819, for the consideration of $1000. The affidavits of William Grant and Elisha Darks state that they are well acquainted with the claimant and that they know of no means which he has of support, except the bond from Waldo. The Council Malson states that full credit ought to be given to the testimony of the affidavits. Vide statement by Mitchell marked A Vide also affidavits of Miss Bingham, Waldo Grant, & Parker marked B . Since the exhibition of the forging evidence papers marked C have been relieved.
The Rev. H. Hubbard N. C. from New Hamp- shire, now presents the paper marked D and asks for a removal of the suspension in this case. —
Respectfully submitted to the Secretary of War. —
(2) Pension Office February 3 d 1830.

C
Feb. 12
not allowed see letter to her Heath 17 Feb. 1829 Frances L. Edwards Esq m
Pension office. Washington D.C.

J. L. Edwards Esquire,
Dear Sir, I have received the enclosed letter from Esq r Hatch with the testimony of the Selectmen of Ulster & Newburgh in relation to Mr. Markham's Case. I hope, that the testimony will satisfy you of the propriety of his claim; and that you forward me a certif- -icate for him. Please, return the letter.
H o of Rep s Feb. 12. 1829.
With Esteem your friend & ob t Serv t Joseph Healy

For the Marks family affidavits

I Joseph Markham of lawful age do depose & say that I am now over Eighty One years of age, that I have lived in Asceworth for forty two years past - That on the twenty-fifth day of May A D 1819. I entered into a contract with my son in law Sedethan Wal- s do to take my property & give me a support. I at that time had no wife. but I had living with me two daughters - I was so old and so infirm as to be un- able to take care of myself and concerns - At that time I was possessed of four or five beds and suitable bedding which I designed to give to my two daughters - I also was possessed of other furniture and also of some other property. My son in law then took a sole & delivery of all & every article of property of which I was then possessed and also of my pension - and on his part agreed as is stipulated in the bond a copy of which is recited in the deposition of Jas. H. Bingham which is now before me . I further say that I have not any other instrument or Bond from my son in law except the one above mentioned and that if I am deprived of my pension I shall have no means of support, as

The bond of Mr Waldo was given an they contract that he should have my pension except the sum of ten dollars a year - I have lived with Mr Waldo since May 1819 and he has received my pension except ten dollars a year. And I do say that if I am now to lose my pension I shall be deprived of all means of living for to labour I can- =not- I am unable at this time to recollect the value of the beds: bedding & other property which I had on hand but it was a number of over two hundred dollars and the beds and bedding I designed as my daughters named in the bond helped augment, that they should have the benefit of that property Joseph Markham
State of New Hampshire Cheshire ss. April 5 th 1824. Then the said Joseph Markham personally appeared and made solemn oath that the above deposition by him signed is just and true before me -
Henry Hubbard Justice of Peace. I certify that the above named Joseph Mark- ham is an upright man & credible witness. Henry Hubbard Justice of Peace