Revolutionary War Pension and Bounty Land Warrant Application File S. 28,594, for John Mc Nulty, Connecticut

SERVICE
NUMBER
Comm
McNulty, John
S. 28,594
CONTENTS

New York.
John M c Nulty.
Private Co d Capt Bell's Conn y reg t Colo Webb - Revolutionary Army.
Rate of Disability - Total.
Date of last Testimony - 12 th June 1815.
Full pension from June 12, 1815 -
506 (act 30 th April, 1816)

I Samuel L. Mitchell the Person named in the Commission annexed, to take evidence in the case of John Mc- Phee, an old Soldier claiming a pension, do hereby certify that I have executed the same. The evidence was closed before me on the 12 th day of June 1815; and the evidence, affidavits and statements are herewith trans- mitted to the Secretary at war.
Sam L. Mitchell Commissioner
New York June 12, 1815

City and County of New York
John M c Nully a resident in the City of New York being duly sworn, doth depose and say that he was an Enlisted Soldier in Captain Stephen Bell's Company in the 3 d Connecticut Regiment commanded by Col o Webb in the Revolutionary service during the war and that he continued to the end of the same, that in the action at the White Plains in the fall of the year 1776 was wounded four times, that at the close of the war Col o Webb repeatedly promised this deponent that he would get a pension for him, until the said Col o Webb was no more, then this applicant called on Joseph Wood Esq r of Stamford Connecticut he also promised this Deponent to apply for a pension, but never did, this Deponent knew not what step to take or how to apply, until he found Isaac Ruler Esq r who was one of applicant's officers the most of the said war, And he hath agreed to make immediate application to the Government for me a Pension, your Deponent further saith that he hath not now nor never hath Received a pension of any kind from any one of the United States on account of the wounds he received in the revolutionary service during the war, and further this Deponent saith not.
his John M c Nully mark
Sworn before me this 10 th day of June, one thousand eight hundred and fifteen
I am Litchfield Commissioner
William W. Munes Physician

County of New York ss Isaac Hecker late a Captain by Brevet at the close of the revolutionary war, in the 3 rd Connecticut Regiment commanded by Col. Webb, being duly sworn doth depose and say that he is well acquainted with John M. Nutty, that he is an applicant for a Pension from Government, This deponent doth know that the said John M. Nutty was an Enlisted Soldier for and during the said war in Captain Stephen Beth's company in said Col. Webb's Regiment, that this Deponent was in the habit of making out the Muster Rolls for said Company for several years, as he was a Lieutenant the most of the war in said Company and saw his name there returned for the war and that he continued at the end of the same, that in the action at the White Plains with the common enemy, in the fall of the year 1776 he the said John M. Nutty was wounded in four different places while in the very act of his duty as this deponent was in said action and was well acquainted with most of the Circumstances relating to the wounded claimant, and knew him to have been a good and faithfull Soldier during the revolutionary war, and for many years after the war the said claimant was a daily labourer in and about the City of New York, But for a number of years since that time he hath not been able to labour on account of his wounds, and he has subsisted intirely on Charity and Doth now subsist on Charity.
Sworn before me this 10 th day of June, one thousand eight hundred and fifteen.
Sam l Mitchell Commissioner
William W. Mineo Physician at Large

Volentine Lowery of the City of New York, being duly sworn Doth depose and say that he is well acquainted with John M c Nutty that he knew him in the revolutionary service, that he was enlisted for and during the war in Captain Stephen Betts company in the 3 rd Connecticut Regiment commanded by Col o Webb, that in an action with our common enemy at the White Plains in the fall of the year 1776, the said John M c Nutty was wounded four times in the engagement, and he was put into a House which was assigned for a Hospital for that night, the next morning this deponent, assisted to carry the said John M c Nutty into the country, where he remained for several Months, untill he so far recovered of his wounds as to be able to join his Regiment and do duty, and he continued in service to the end of the war.
Sworn before me this 10 th day of June, one thousand eight hundred and fifteen
his Volentine X Lowery mark
Sam l Mitchell Commissioner
William W. Mineo Physician

City of New York, to wit:
On this tenth day of June, one thousand eight hundred and fifteen, personally appeared before me John W. Vialty, the person named in the commission hereunto annexed, and subjected himself to examination by me touching his wounds. It satisfied myself that his right leg had been perforated through from side to side by a ball. The left leg bore evidence of having been shot through in like manner. There was a scar in the right thigh at which a bullet appears to have entered, and another on the opposite side at which it seems to have been cut out. There is also a scar near the junction of the fourth metacarpal bone of the right hand with the wrist. The wounds in the legs have evidently produced considerable disability. The skin in their neighbourhood had an inflamed and marked look, accompanied with swelling, blotches and running.
The pain and stiffness of which he complains may be rationally referred to the wounds. These I think must have been serious when fresh, and their consequences have been greatly aggravated by time and age. It is my opinion that these wounds would have entitled Mr. Vialty to a pension at the close of the revolutionary war; and under this impression, I consider him as more strongly entitled to the full provision allowed by the laws to disabled soldiers now.
William W. Mineo Physician & Surgeon.

Original Claim.
UNITED STATES.
DISTRICT, Ss.
I, Matthias B. Tallmadge Judge of the DISTRICT COURT of the United States of America for the New York District, BY AUTHORITY of an act of Congress, passed the 25th day of April, 1812, entitled, " An Act to revive and continue in force an Act to pro- " vide for persons who were disabled by known wounds re- " ceived in the Revolutionary War, and for other purposes," —DO HEREBY ESPECIALLY AUTHORISE AND COMMISSION Samuel C. Mitchell of the county of New York and District of said  Esquire to take all evidence pursuant to the rules and regulations of the said act for substantiating the claim of John M. Mully — of the town of Brook — in the county of Brook — and district of said — to be placed on the Pension List of the United States by reason of known wounds received in said war, or since, (as prescribed in the 4th section of " an Act concerning invalid pensioners," passed the 25th of April, 1808,)—while in the actual service of the United States, and in the line of his duty. And when the same shall be completed, to return the evidence, affidavits, certificates and proceedings had hereupon, together with this commission, to the Secretary for the Department of War.
Given under my hand and seal at New York the seventh day of June — in the year one thousand eight hundred and fifteen
Matthias B Tallmadge

Claim of Pension. Increase of Pension.
UNITED STATES.
DISTRICT, Ss.
To Doctor William [unclear] of _____ and Doctor of _____
in _____ said District.
Pursuant to an Act of Congress of the United States, passed the 25th of April, 1812, entitled "An Act to revive and continue in force an act to provide for persons who were disabled by known wounds received in the Revolutionary War, and for other purposes"—You are hereby appointed and authorised to examine
_____ who is
inscribed on the Pension List of the United States, and is claimant for an increase of pension conformably to the 5th section of the act of the 10th of April, 1806, revived as aforesaid; and you are to report in writing and on oath or affirmation your opinion of the nature of his disability and in what degree it prevents him from obtaining a subsistence by manual labor; and in your proceedings in the premises you are to be regulated and governed by said act.
Given under my hand and seal at
_____ this
_____ day of
_____ in the year one thousand eight hundred and

RULES AND REGULATIONS
FOR
SUBSTANTIATING CLAIMS TO A PENSION.
VID. "An act to provide for Persons who were disabled by known wounds received in the revolutionary war," passed the 10th of April, 1806, revived and continued in force for six years longer, by an Act of the 25th of April, 1812.
"SEC. 2. And be it further enacted , That in substantiating such claim, the following rules and regulations shall be complied with; that is to say: all evidence shall be taken on oath or affirmation, before the Judge of the District, or one of the Judges of the Territory in which such claimant resides, or before some person specially authorised by commission from said Judge.
"Decisive DISABILITY, the effect of a known wound or wounds, received while in the actual service and line of duty against the common enemy; during the Revolutionary War, must be proved by the affidavit of the commanding officer of the regiment, corps, company, ship, vessel or craft, in which such claimant served; or of two other credible witnesses to the same effect, setting forth the time when, and place where, such known wound or wounds were received—and particularly describing the same.
"The nature of such DISABILITY, and in what degree it prevents the claimant from obtaining his subsistence, must be proved by the affidavit of some reputable Physician or Surgeon , stating his opinion either from his own knowledge and acquaintance with the claimant, or from an examination of such claimant on oath or affirmation, which when necessary for that purpose, shall be administered to said claimant by said Judge or Commissioner. And the said Physician or Surgeon, in his affidavit, shall particularly describe the wound or wounds from whence the disability appears to be derived.*
"Every claimant must prove, by at least one credible witness, that he continued in service during the whole time for which he was detached, or for which he engaged, unless he was discharged, or left the service in consequence of some derangement of the army, or in consequence of his disability resigned his commission; or was after his disability in captivity or on parole, until the close of the Revolutionary War. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has since resided, and his place of residence at the time of taking such testimony.
* RESOLVED , by the Senate and House of Representatives of the United States of America in Congress assembled , That the Secretary for the Department of War, return to the respective District Judges, the names of all such persons, as have been transmitted to him by the several District Judges pursuant to the Act for the Regulation of Claims to Invalid Pensions, and in whose cases the examining physicians have neglected to specify the ratio of disability; together with such defective returns of physicians. And the said District Judges, respectively, shall forthwith cause the examining physicians to specify the several rates of disability which have been so neglected; or, in case of sickness, death, or removal of one or both such physicians, to make new appointments, and cause the several rates of disability to be specified, and by the said physicians returned to them as soon as may be; of which they shall make return to the Secretary of War, &c. &c. &c.
VID. Law of the 18th April, 1796.—Laws of the U. S. Vol. 3, page 374.
William W. Moore Physician & Surgeon

"Every claimant shall by his affidavit give satisfactory reasons why he did not make application for a pension before, and that he is not on the pension list of any state ; and the Judge or Commissioner shall certify in writing, his opinion of the credibility of the witnesses , whose affidavits he shall take, in all those cases, where by this act it is said the proof shall be made by a credible witness or witnesses. And also, that the examining Physician or Surgeon is reputable in his profession.
"SEC. 3. And be it further enacted , That the said Judge of the District, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates and proceedings had thereon in pursuance of this act, noting particularly the day on which the testimony was closed before him , to the Secretary for the Department of War," &c. &c. &c.—"And it shall be the duty of the Judge or Commissioner aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct."
"SEC. 5. And be it further enacted , That an increase of pension may be allowed to persons already placed upon the Pension List of the United States, for disabilities caused by known wounds received during the Revolutionary War, in all cases where justice shall require the same: Provided , That the increase, when added to the pension formerly received, shall in no case exceed a full pension.
"Every invalid making application for this purpose, shall be examined by two reputable Physicians or Surgeons, to be authorised by commission from the Judge of the district where such invalid resides; who shall report in writing, on oath or affirmation, their opinion of the nature of the applicant's disability, and in what degree it prevents him from obtaining a subsistence by manual labor , which report shall be transmitted by said Physicians or Surgeons, to the Secretary for the Department of War," &c. &c. &c.
Extract from an Act of Congress of the 25th of April, 1808, entitled "An Act concerning Invalid Pensioners."
"SEC. 4. And be it further enacted , That any officer, non-commissioned officer, musician or private, who has been wounded or disabled since the Revolutionary War , while in the line of his duty, in the actual service of the United States, whether he belong to the Military Establishment or to the Militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the Pension List of the United States, at such rate of compensation, and under such regulations as are prescribed by the act, entitled "An Act to provide for persons who were disabled by know wounds received in the Revolutionary War," passed April the tenth, one thousand eight hundred and six."

28594 INVALID.
Rev
File No. 28,594
John McMillan Rev War Conn Regt
Act: 35 th April 16 th
Index:—Vol. 9 , Page 262
[Arrangement of 1870.]