Revolutionary War Pension and Bounty Land Warrant Application File S 41,717, for John Kelley, Virginia

SERVICE
NUMBER
Va.
Kelley, John Kelly or
8 41 717
CONTENTS

9391 Ohio R
John Kelley
of Wapakoneta in the state of Ohio who was a private in the regiment commanded by Colonel Freberger of the Virginia line, for the term of Three years
Inscribed on the Roll of Ohio at the rate of 8 Dollars per month, to commence on the 17 of June 1818
Certificate of Pension issued the 17 of Apr 1818 and sent to David Windley at Lancaster Ohio
Arrears to 4th of March 1819  8 \frac{12}{30} \frac{4}{31} 68.76 Semi-annual all'ce ending 4th 1819  6 mo 48.
$116.76
{ Revolutionary claim, } { Act 18th March, 1818. }
Continued
Paid at the Ohio Act from 4th 1839. Agent
Received under of the Ohio Act March to 4 Sept. notified 23. 23. 1841
Date of death not on 93
John Kelley, 9391 Ohio R, died at his home in Wapakoneta, Ohio, on the 23rd day of September, 1841.

John Kelley.
Certificate Affidavit & Schedule.
9591
[Faint, illegible handwritten mark or signature]

STATE OF OHIO, MUSKINGUM, County  County , ss.
Court of Common Pleas, November Term 1820.
On this twentysixth  twentyseventh day of November  November 1820, personally appeared in open Court, being a Court of Record for said state John Kelley aged 64 years, resident in Muskingum county in said state, who being first duly sworn according to law, doth on his oath declare, that he served in the Revolutionary War on the continental establishment, as follows: In the Eleventh Regiment, commanded by Col. Febaker  Capt. Porterfield's Company Virginia Line. The date of my original application is 17 June 1818 and the number of my pension certificate is 9,391 . And I do solemnly swear  affirm , I was a resident citizen of the United States on the 18th 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 that which is contained in the schedule hereunto annexed, and by me subscribed, This he does under the pains & penalties of perjury.
My occupation is farming  Not able to pursue it owing to a rapture, and pain in my head arising I believe from a wound rec d in Brandywine battle. The number of my family residing with me is
four Their names as follows: Elizabeth (wife) Abigail, Sarah, John
Their ages as follows: 62 — 33 — 23 — 8.
Their capacity to contribute to my support but small — wife weakly, Abigail supposed to be a widow and not more than able to support her son John.
Schedule of Property—Real and Personal.
   DOLLS. CENTS.     2 Horses & one colt 30 —   1 Cow and Calf 10 —   2 Heifers 6 —   14 head of hogs large and small 7 —   8 head of sheep 5 —   1 Loom 5 —   2 ploughs, 1 pair traces & 1 Collar 3 —   1 pot 1 kettle 1 50   Dreper articles 1 —   Total $68 50  
Signed John X Kelley  his mark
Sworn to and subscribed on this Twenty seventh day of November 1820, before me in open court . (Signed) Robert Mitchell Associate Judge

State of Ohio Muskingum County ss.
I David Chambers Clerk of the court of common pleas of Muskingum county do hereby certify that the foregoing oath and schedule thereto annexed are truly copied from the original on file in the records of said court: And I do further certify that the said court are satisfied that the total amount in value of the property exhibited in the aforesaid schedule does not exceed the amount of sixty eight dollars fifty cents.
In Testimony whereof I have hereto set my hand and affixed the seal of the said court at Zanesville the 27th day of November 1818.
David Chambers Clk.

Ohio 17 th June 18 John Kelley Private 22 nd Feb y 1777 to 25 th Feby. 1780 34 th
11 th Virg a Reg t Col l Debeake r - Private
David Findley Lodge

State of Ohio Muskingum County fct.
Be it known, that before me in the State & county aforesaid personally appear- ed John Kelley and made oath, that he is a resident citizen of this state & of the United States; — and that he served as a private sol- dier in the Revolutionary War, as to Great Britain, on the continen- tal establishment; — that he enlisted in the service thereof for the term of three years on the 22 d February 1777 in Capt. Charles Port- field's company, 11 th Virginia Regiment commanded by Col. Fife- ker, Virginia Line; — that he served out the full term of three years as aforesaid, and was discharged at the crossing of the Susquehanna River, Pennsylvania, by a written discharge signed by Col. Fifecker, on or about the 25 th February 1780 — that he has no other evidence to offer to substantiate his claim to a pension under the late law of congress; — and that by rea- son of his reduced circumstances, being now in his 62 d year of his age, he is pecuniarily in need of assistance from the country
for the support of
Sworn and Subscribed to this 17 th day of June 1818
John Kelley
Before me,
David Lindley Associate Judge

State of Ohio } I do hereby certify, that Isaac  the written deposition  before me  to Muskingum County, who has appeared and made oath before me, has fully satisfied me, that he served in the Revolutionary War against the common enemy; and has also fully satisfied me, that he performed the continued service of nine months in the war of the Revolution; and moreover I am fully convin- ced, that he is in reduced circumstances, and needs the assis- tance of the country for support. Given under my Hand the day & date within written. David Findley Associate Judge
State of Ohio } I David Chambers clerk of the court Muskingum county } of common pleas of Muskingum county aforesaid do hereby certify that David Findley Esqr. before whom the foregoing deposition was made and who has signed the above certificate is and was one of the acting associate judges of the court of common pleas of said county, duly commissioned, and that to all his official acts as such full faith and credit are due as well in courts of justice as elsewhere. In testimony whereof I have hereunto set my hand and affixed my official seal at Zanesville the 8 th day of July A.D. 1818. David Chambers Clerk Muskingum County

September 20, 1937
XXXXXXXXXXXX
BA-J/ENL John Kelley-S.41717
Mr. Zar W. Kelly 3407 Saint Clair Avenue Cleveland, Ohio
Dear Sir:
Reference is made to your letter in which you request information in regard to John Kelly, a soldier of the Revolutionary War, who lived in Union Township, Muskingum County, Ohio, and died in said county.
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S.41717, based upon the military service in that war of John Kelley.
The date and place of birth and names of the parents of John Kelley are not shown.
John Kelley enlisted, place not stated, February 22, 1777, served as private in Captain Charles Porterfield's Company, Colonel Febiger's 11 th Virginia Regiment, was at the battle of Brandywine, where he was wounded, nature of wound not shown, and was discharged February 26, 1780.
He was allowed pension on his application executed June 17, 1818, at which time he was a resident of Muskingum County, Ohio, and in his sixty-second year.
In 1820, soldier stated that his family then residing with him consisted of his wife, Elizabeth, aged sixty-two years (no further data in regard to her) and Abigail, Sarah and John, aged respectively thirty-three, twenty-three and nine years. He stated that Abigail was a widow but did not give her surname nor the surnames of Sarah and John nor the relationship of any of these persons to himself and wife. Soldier had a son, Joseph Kelley, who lived in Muskingum County, Ohio, his age was not stated.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

TREASURY DEPARTMENT,
Second Comptroller's Office,
July 15 th 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Kelly, a Pensioner on the Roll of the Ohio Agency, at the rate of Eight Dollars and  Cents per annum month, under the law of the 10 th March 1818, has been paid at this Department, from the 1 st of March, to the 1 st Sept. 1839.
Respectfully yours,
William E. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

41717 INVALID.
Rev
File No. 41717
John Kelly Blr Ben
Act: 18 th March 18 th
Index:—Vol. 8 , Page 268
[Arrangement of 1870.]

apl - 2 - 1900 Herts Co T. J. Kelly - Atlanta Ga
June 24, 1907 Service & family data to J. M. Dalzell. (copy)
bmB
1919 Nov. 29. Visit to & Mrs. Frank M. Fratermuller 1937 - Sept 20 - Visit to Jas. H. Kelly - EL

In reply to your request of _____, received _____ for a statement of the military history of John Kelley 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. S. 44,717
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     July 22, 1777 July 25, 1780 Private Charles Porterfield Feligen N. H.        
Battles engaged in, Brandywine in which he was wounded. Residence of soldier at enlistment, Wilmington. Date of application for pension, June 17, 1818. His claim was allowed. Residence at date of application, Washington Co., Ohio. Age at date of application, in the 62nd year. Remarks: in 1820 he married his wife Elizabeth at 64 years, Abigail 33 yrs., Sarah 23 yrs. & John 8 yrs. No further family data.
Respectfully,
Commissioner.

Cleveland Ohio 3407 St Clair Ave Cleveland Ohio
Commissioner of Pensions Bureau of Pensions Washington D.C.
Dear sir. 7
Could you inform me whether John Kelly, a soldier in the Revolutionary war, who died June 11 1853, age 98 years, in Union township, Muskingum County, Ohio, buried, Rich Hill Cemetery, ever received a pension from the United States government.
I would also like to know what division, company and regiment he served in and his rank. Also the names of his near relatives if any are listed.
Thanking you for this information
Yours truly Gar W. Kelly
3407 St Clair Ave Cleveland Ohio.

✓ 20 stamp & inv. recd. - 6820
Rev. Sec cler
Columbus, Ohio, November First, Nineteen-nineteen.
Gentlemen:-
Would you be good enough to mail me in the enclosed envelope, the military record of John Kelley, a Revolutionary soldier, who enlisted in General Washington's Army in North Carolina (near the South Carolina line) at the beginning of the war at the age of nineteen years, and who was wounded in the Battle of Brandywine on September 11, 1777. He died on June 11, 1853.
Pension was granted June 17, 1818 in Continental Virginia and was transferred to Zanesville, Ohio, date unknown.
Thanking you in advance for this favor, I beg to remain
Sincerely yours,
Pension Department, Department of Interior, Washington, D. C.
----- Mrs Frank M. Fenstermaker 82 88 Wisconsin Ave., Columbus, Ohio.
See names on envelope
LEIF EMW**

ADDRESS REPLY TO "COMPTROLLER OF THE CURRENCY"
TREASURY DEPARTMENT
WASHINGTON
June 25, 1907.
Capt. L. M. Kelley, Deputy Commissioner, U.S. Pension Office, City.
My Dear Captain Comrade:
I am under many obligations to you for your kind letter 24 inst & for considered as satisfactory, regarding my wife's grandfather, John Kelly, a Revolutionary soldier. I see I mistook the place of his birth (North Carolina) for the place of his service - (Virginia), & so I must go on the wrong Kelly, as the result of my error. My wife's grandfather, Kelly, never lived in Ky, but came early to Ohio & died in Muskingum County.

We came to Ohio with the Duchs Monroe South near Newton- ton, Muskingum County in the woods, lived till 1851, & there died. I was then a boy of 13, and there were then in that neighborhood a score of old revolutionary soldiers. I could not be mistaken in the fact of his service - it was notorious in Ohio in the forties when many of his comrades still remained. His wound at Brandywine was also well known, as your finding a record of his claim to that wound, & the residence in Mus- kingum, fully corroborates all the traditions in my wife's family, and clearly identifies the man I was seeking. The confusion of states misled him, & might have misled you, but you looked further & found my error of the location, which was exceedingly full of you & must have caused much research.

ADDRESS REPLY TO "COMPTROLLER OF THE CURRENCY"
TREASURY DEPARTMENT
WASHINGTON
3
I am not surprised to learn that the family have no claim to land warrant, and that they have a clear title to something much better that no man can steal, the priceless precious blood of a hero of the Revolution.
This is all I care for and you have fully supplied the information. Of course the legends in the family are more complete, as are files of newspapers published at Zanesville Ohio when John Kelly died - for he was well known, wealthy and respected, but all that data would have little force or value unless borne out, as it fully is, by the brief official record you so kindly give me.

I remember him at that day Virginia & Connecticut claimed Ohio, how dim & silly defined the boundaries of North Carolina and Virginia - not definitely surveyed as settled till after the Revolution, as Roosevelt shows so fully in his great book - "Winning the West" - For that way back there whether a man was from the old North State or Virginia, served in the line of one or the other, has always been and always will be confusing to remote generations, as this little puzzle put me on the wrong scent. But when I found John Kelly's children as you do, this house in Muskingum Co. Ohio, that settles it, & I shall preserve your letter with care as it is my children to keep as long as they live should down the line or long as honorable service to the Country in any war is to remain the proudest possession of their family. Again thanks you for all the trouble taken & the information given I am Sincerely Your sincere mother S. M. Dalzell.

ADDRESS REPLY TO "COMPTROLLER OF THE CURRENCY"
TREASURY DEPARTMENT
WASHINGTON
June 19, 1907.
My Dear Captain Conner:
Seeing so much lately in the newspapers about land warrants for soldiers prior to 1855, if I understand, for I never resided in Ohio in that line - only on pensions - my wife & children ask me to inquire of you - if proper so to inquire - if they are entitled to Revolutionary land warrant on account of the service in the North Carolina line in that war of my wife's father's father John Kelly, who has a magnificent fighting record, & was left wounded for dead at Brandywine. He lived till 1851, & died in Ohio. (over)

As eminent as old necessity himself of the law in that branch, if it is not improper for you so to do, I shall indeed thank you for the necessary & instructions &c.
I should say, however, that I understand the old has never had any warrant granted to him; but that before I should file any paper, I certainly would like to know if that is certainly true, so that I also beg his second in that behalf. You, I presume, will give it to me - many years ago - when my children were applying for member- ship in the Sons & Daughters of the Revolution but the record is lost now.
Faithfully & fraternally:
J. M. Dalzell.

C O P Y
War Dept. Pension Office August 23, 1825
Hon. P. Beecher Lancaster Ohio
The documents forwarded by you, on the 16th instant, in the case of John Kelley, are herewith returned. The official character and signature of the Magistrate, before whom the statements of E.H. Taylor and William Waller was made, must be certified by the County Clerk, under his seal of office, before those statements can be received as evidence. The statement of Jacob Young should be made under oath, before a duly qualified Magistrate, whose official character and signature should be certified, as required in the cases of Taylor and Waller; and the affidavit of the Pastor of the Church, to which Kelley belonged, setting forth all the circumstances in relation to the case, should be exhibited.
J.L.E.
C O P Y
John Hamm. Esq. Zanesville Ohio
War Dept. Pension Office May 24, 1826
Sir:-In answer to your letter of the 27 of January last, I have to inform you, that no depositions have yet been received here in the case of John Kelly, except some which came to hand in August last, and were rerurned to Mr. Beecher on the 23rd of that month, in order to be authenticated. They have not since been in this office. The suspension of Kelly's case has not therefore been removed.
J.L.E.

C O P Y
War Dept. Pension Office January 6, 1827
Ezekiel T. Case, Esq. Zanesville Ohio
Sir:
The suspension of the pension of John Kelly has been this day removed, and the Agent for paying pensions at Cincinnati directed to pay him as formerly
J.L.E.

Susp? see letters to the Pensioner & Agent 24 th Sept 1824 - to J. Hamm April 1825 - to Hon. P. Beecher 23. Aug. 1825 - & to J. Hamm May 24. 1826. Suspension re- moved 6 Jan. 1827.

John Kelly - Ohio mil. act March 18. 1818.
Be pleased to say to what time his pension has been paid.
  Pension office {  June 30. 1840. }  p st to 4 March  1839    1829    St

James Barber Esq. Secretary of the War Dept. Washington City D.C.
John H. Fisher Esq. Lancaster, Ohio.
FREE
Recd Dec 16th 1846.

War Department, Pension Office, 21 st Sept. r 1824.
Sir,
From information received at this De- partment, it appears that you were not in indigent cir- cumstances when you first applied for a pension; and that the schedule of your property, exhibited under the act of the 1 st of May 1820, did not contain, by a very considerable amount, all the property you were worth. The further pay- ment of your pension will, therefore, be stop't until you shall have exhibited satisfactory evidence, that the above mentioned information is incorrect.
I am, respectfully, Yr. Ob't. Servt. J. L. Edwards
Mr John Kelley, Zanesville, Ohio.

Wm Kelly
Rec. Feb 15 1876
Wm Haman
Free
Hon: James Wilson Secretary of Agriculture

Lancaster, Ohio January 27. 1826
Sir,
In consequence of the suspension of John Kelly, a Revolutionary Pensioner, sundry documents & depositions, tending to place his case in a fair point of view to yr. consideration, were forwarded a considerable time ago to yr. Department. I presume, by Mr. Buchanan member of Congress from this District. The facts in this case are briefly these — John Kelly some years ago leased for a term of years from the county Commissioners a quarter section (160 acres) of school-land at $19.00 pr. annum. Not long after which, but tho' before he was placed on the pension list, he sold one half of this leased land to his son. When he appeared before the Court with his schedule of property he informed them that the paper contained all his property, excepting 80 acres of leased school-land. The Court told him, that it being leased land and not belonging to him he paying an annual rent for it, there was no occasion to include it in the schedule. It was omitted accordingly. In saying this I do not wish to be understood as arraigning the motives of the Court. They were, doubtless, pure. This man's character, by the Depositions (now in yr. possession) of sundry persons of unexceptionable standing, is remarkably fair. If an error has been committed by him in the form & manner alleged by his accuser, it surely could not

have been understandingly. As he is now placed (by the persecution of his enemies) in his own his situation is painful in the extreme, labor- ing as he is under the pressure of poverty & disease, without feeling that by his own neglect or impropriety he had justly drawn down upon his own head so great a punishment.
He wishes to submit it to the Hon: Secy of War, whether, if his for- mer schedule was wrong, he can be permitted to go before the Court and give a new one; and when having done so to the satisfaction of y r . Department, to be permitted to draw his pension from the time of his suspension.
It is necessary to observe, that School-leases sell very low in this country — frequently for $20. 30. 40. 50 — Sometimes they are not worth & will not sell for the amount of rent per annum.
That there is a difficulty in the old man's case I am aware — If restored to the list he wishes to be informed of it in time to apply for his pension after the 1 st March.
Very Respectfully
J. M. Mann.
Hon: James Barbour Secy of War.

august 22 th 1822
By Mistake of one years Interest — $6-00
the one was not 2 years Interest .. and I settled with you for 3 years —
Mrs McDonald
Note
This paper was found Mutilated Nov 22 1910

For Value Received on the first Day of September next I promise to pay or cause to be paid in Land office money one hundred Dollars unto John Kelley or assigns as witness my hand and Seal this 13 th day of January 1819
Attest B. Smith
found mutilated where claim was opened in Nov. 1910
Ex 100

Schedule of property real & personal of John Kelley whitney November 27th 1820.
2 horses & 1 cart 36.00 1 cow & 1 calf 10.00 2 heifers 6.00 14 head of hogs - large & small 7.00 8 head of sheep 5.00 1 loom 5.00 2 plows 1 pair traces & collar 3.00 1 pot - 1 kettle 1.50 Dresser articles 1.00 $68.50.

"State of Ohio, Muskingum County ss. Court of Common Pleas, November Term, 1820."
On this twenty sixth day of Novr. 1820, personally appeared in open Court, being a Court of record for said state John Kelly aged 64 years, resident in Muskingum county in said state, who being first duly sworn according to law, doth on his oath declare, that he served in the Revolutionary War, on the continental establishment, as follows: In the 11th Regiment, commanded by Col. Debaker, Capt. Peterficus company Virginia line. The date of my original application is 17 June 1818 and the number of my pension certificate is 9.391. And I do solemnly affirm, I was a resident citizen of the United States on the 18th 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 the 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 that which is contained in the schedule herunto annexed, and by me subscribed, & this he does under the pains and penalties of perjury.
My occupation is farming - not able to pursue it owing to a rupture and a pain in my head, arising, I believe, from a wound rec d in Brandywine battle. The number of my family residing with is four their names as follows, Elizabeth (wife) Abigail, Sarah, John, their ages as follows: 62 - 33 - 23 - 8. Their capacity to contribute to my support but small - wife weakly; Abigail, supposed to be a widow, & not more than able to support her son John.
Sworn & subscribed to
his John x Kelly marks
Schedule of property - real and personal.
Dollars. Cts. 2 horses & 1 cart 30.00 1 cow & calf 10.00 - 2 heifers 6.00 16.00 14 heads of hogs, large & small 7.00 8 heads of sheep 5.00 - 1 Boorn 5.00 10.00 2 plows, 1 pair traces & 1 collar 3.00 1 pot - 1 kettle 1.50 - dressers articles 1.00 2.50 $68.50
Sworn to and subscribed on this 27th day of November 1820, before me in open Court.
his John x Kelly marks
Robert Mitchell Associate Judge.

"State of Ohio. Muskingum County ss. Court of Common Pleas, Decr. 9. 1820.
Personally appeared in open Court (being a Court of Record) for the State and county aforesaid, at the time above stated, John Kelly, who being duly sworn according to law doth say, that he is now aged and very infirm and withal greatly afflicted with a rupture; insomuch so, that he is unable to maintain himself by bodily labour; and that he has been unable to do so for several years past. He has therefore been compelled to hire a person to attend to his work, which having brought him in debt for his services for three years and owing an arrearage of rent to the State for 85 acres of a school lease, he has at length thought proper to sell or dispose of the said school lease, rather than to dispose of or move his little personal property (when away from him) by execution or otherwise.
The rent for the said school lease annually is $100. — The said John Kelly further deposeth and saith, that he is the same John Kelly whose name is on the roll of Revolutionary pensioners of Ohio, that he continued to receive his pension from the Government for several years that he was suspended on the complaint made, as he understands, of omitting to insert in his schedule of property this school lease of 85 acres of land — that he has never owned, since he was first placed on the pension list, but 80 acres of school land — that he did afterwards buy 5 acres of a neighbour, and no more which is now included in the 85 acres of the school lease. And that now under these circumstances of increasing years and infirmities, and under the remembrance of faithful services to his native country when she asked for his aid, he casts himself upon the justice of the government through the Hon. Secretary of War, and indulges a hope that he will be restored to public favor and again be permitted to draw his pension as formerly.
(Signed) John Kelly.
Sworn and subscribed to in open Court this 9th day of Decr. 1820.
Before Robt. Mitchell Associate Judge
"At same time and place personally appeared in open Court William Hunter and Jas. N. McBurne & John Dunlap, old & respectable citizens of the State and county aforesaid and having been duly sworn according to law doth declare that from their acquaintance with John Kelly and his general character they believe that for truth & veracity his character is unexceptionable, & that full credit is due to all his declarations — that the school lease of 85 acres which he has disposed of, is not worth more in cash — than about $30.00. and were it not for his widowed daughter & her son, who live with the s d . Kelly, he would not, as we believe, be able to maintain himself, & his old wife.
(Signed) J. N. McBurne
Wm. Hunter
John Dunlap.
Sworn to & subscribed to in open Court, before Robt. Mitchell, Associate Judge

The State of Ohio, Muskingum county ss. I Ezekiel V. Love, Clerk of the Court of Common Pleas in and for said county do hereby certify the foregoing to be true copies of the original affidavits and schedule of John Kelly remaining on file in the Clerk's Office of said Court.
In Testimony whereof I hereunto set my hand and affix the seal of said Court of Common Pleas at Zanesville this 29th day of December 1826.
Ezekiel V. Love Clerk.

Muskingum County December 17 th A D 1826 Honored Sir I expect your honored Recd a letter from John Kelley the kincherg of his County or some of his friends and Darkments to satisfy your honor that he ought to be placed on the pension list again in consequence of his poverty but it is false in the Extream for he is well able to live without it for he has a Daughter lives with him these ten years, and more whose husband a bandenade her and she has a son of about fifteen or 16 years old, which I consider he raised him and about the first of this inst she brought in a bill against him for wages and the old man preten- ded he could not pay him, and so sold her his Daughter his Plantation and so fair himself now in order to get your honor to place him on the pension list he lives well and is well fixed for life has a good house with a brick chimney a good Rich place to work him and his grand son the boy raised five hundred bushel of corn this summer so I was told by his Nearest neighbour who was at the huskin of the corn and he has cows horses hogs & sheep and one of his horse exeters a mare is worth sixty or seventy Dollars That he had when he gave his sederal and the wagon he forgot to give in the sederal he has now to higher out for wages & c for sir if your honor have Recourse to the papers Recd from me which I expect your honors did or is in the officer's trust as a public

servant under obligations to your god and the government and in honour to your Dignified station you will for ever keep from the pension list his name unless he was worthy by law or truth to receive it N B by his making this last efforts to get his name on the pension list I thought it my duty to let your honours know the deception that is going on to rob the united states treasury of ninety six Dollars a year and if your honours would wish for further Proof I am ready to give it — but sir knowing your wisdom your ability to discharge your duty in your Dignified station I deem it unnecessary to add more at present sir with Much Respect yours obe To Jas Barbee Esq Secy John Godfrey Esq Secretary of war

September 14 Day 1824
Sir This is to inform you as secretary of the war office it will be your duty to stop the pension of John Kelly a pensioned man on the pension list from the County of Muskingum State of Ohio - for the following Reasons first he was not in such incident circumstances as to come with in the Law when he first applied and Received it under the first Law, and when he applied the second time he gave a false Secular and I found it out lately and I accuse him of it and as we both belonged to the Methodist Church he Entered a complaint against me for slandering him - and we had our trial in the Church on the first of this instant and I produced his oath and Secular and his Secular amounted to $ 0 68-50 cts. and I was sworn to a just deal more and on the trial I proved his Secular did not contain $200 and 50 Dollars half the payment of a plantation he sold his son in Virginia and one hundred and ten Dollars he had out on interest at that time and a lease for one 160 acres land for ninety nine years and a waggon which he gave a good horse for worth forty Dollars, and there was a very Respectable Committee of five men off members of the Church two preachers Except the preacher who proceeded and instead of my being guilty of slandering

him he was found guilty of given a false sedual and then out of the Church I had like to for got the place where on he now lives and had at that time a lease of united states Military school land one hundred and sixty acres ninty nine years Renewa ble for ever which he bought at a forced sale and give sixty up upwards — I have been a quainted with John Shelly for this ten or twelve years and for seven years have lived with in one mile and a quarter seven year ago he live on my place and him and me live one year in two houses not more than ten feet a part and you may know that I had a good chance to his circumstance I shall write to the prosecuting attorney for this state and have him Dett with a cord ing law — I have been a Justice of the peace for three years past and am well acquainted in Zanes ville and if your honor can not believe me so as to strike his name from the pincion list write to David Chapless or P. Warkhorn or Willis silliman and Enquire of them about me I am sir yours and the publick's friend — —
John Gossney

Ad. Same at
FREE
To Mr
Barber secretary of war Washington City District Columbia
Recd May 14 1825
Recd 14 May 1825

Memphis Tenn. Sept 1825
I have heard of the death of John Kelly...
John Kelly was a man of many talents...
I was with him the day before he died...

publick to all intence I have got this Will for Expos- ing him and bringing to light the truth and if they do not let me alone I will Report him to the Prosecuto- ing attorney of this state and have him before the United States Court and have him punished now Sir if you will be so good as to take care of these papers so that I may get them again said I would I shall be glad and if your honour should want any thing for this let me know by letter and I will attend to it I have made in quire of Gen Van Horn and Miller if there was any Enquirer from the territory of war I don't know if there was any but this was to be according to my letter Sir if your honour is in doubt Enquire of Col David Chambers whether I am a man that can be Relied on for truth and Sir if your honour had to send a copy of every letter you receive as I have heard my enemies have requested to get a copy of mine you would be kept busy a copying this man or men that want to a copy is inimical to me and government for they want something for nothing Sir I shall conclude by adding that I am a friend to the government
John H. Sturgis