Revolutionary War Pension and Bounty Land Warrant Application File R. 5830, for Dudley Kelley, New Hampshire

SERVICE
NUMBER
N. 16
Kelley, Dudley
R. 5830
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

12,178
Dudley Kelley New Hampshire —
M.G.E
Reg. at a 10 Jan 1853
Hr. J. M. Harker HR

12/1/98
BRIEF in the case of  Dudley Kelley  Northampton County of Stafford  in the State of  Northamptonshire (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     June In 1780 — 6x — private Gen.  Cap. Gilmore Col Deane  Major Scott   x 5 yrs & 6 days per roll of service   
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Brentwood N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? all right 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm. C. Easton Examining Clerk.

Power of attorney case of Dudley Kelly New Hampshire
Oct 1852
Ex 6
F. E. Nussler
French

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
STATE OF New Hampshire COUNTY OF Belknap
Be it known that before me
Jonathan D. Kelley a Justice of the Peace personally appeared aged 51 years, who being duly cautioned and then sworn in due form of law, states that he is the the son of Dudley Kelley who was a revolutionary† Soldier in the State of New Hampshire and that he died on the 12 day of October 18 36 and that my mother, named Ruth Kelley died on the 24 day of May 18 33 and that they were married on the 14 day of March in the year 18 00 and that they were residents of New Hampton in the State of New Hampshire and that they resided there 38 years, and that he resides in New Hampton and that furthermore I do BY THESE PRESENTS , constitutes, appoints, and fully empowers and authorizes, irrevocably and with powers of substitution, F. E. HASSLER, of Washington city, D. C., as my true and lawful Attorney for me and in my name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government and State officers my rights in all and in any manner of claim for increase or arrears of Pension or Land that may be due me as the son of Dudley Kelley who died leaving the same undrawn, as in right of law which may be entitled. to me
In witness whereof, he has on this eighteenth day of September 1852. hereunto signed his name, and affixed his seal.
Jonathan D. Kelley
Witness: Washington Mooney
Witness: John Mooney
Signed, sealed, acknowledged, and sworn to before me; and I further certify, that Jonathan D. Kelley has always by the community been known as the son of Dudley Kelley
Dated on this eighteenth day of September 185 2
Washington Mooney  J. P. Justice of the Peace
State of New Hampshire COUNTY OF Belknap } to wit:
Washington Mooney, Esq.,
I hereby certify, That Washington Mooney, Esq., before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of Belknap County Court, this twenty-first day of September one thousand eight hundred and fifty-two
G. C. Baldwin Clerk.
* If a Widow applies, state "the date of marriage, and date of death of her husband." † State under what act pensioned, or when pension commenced, if a pensioner—and amount of pension.

I Gilman Leavitt of Portsmouth in the County of Rocking- ham and State of New Hampshire 72 years of age do testify that I have been well acquainted with Dudley Kelley of New Hampton in the County of Shofford in said State of New Hampshire for sixty years past and do know that the said Dudley Kelley did enlist into the Army of the United States in June or July in the year 1781 for six Months and that he marched directly to Exeter in said in said County of Rockingham and Mustard then marched to White Plains in the State of New York from thence to Peekskill and from thill and from thence to Saratoga and joined the Continental Army (I think at White Plains) I was employed in driving Beef cattle to the Army and often saw him the said Dudley Kelley in the Army & once slept with him in his tent at Peekskill I was born in Brentwood in the County of Rockingham in the same Town that he the said Kelley was born in and brought up in the same neighborhood and very well remember the time that he enlisted in Brentwood and went into the Army and the time he returned and know that he served his full time out which he enlisted for Gilman Leavitt

State of New Hampshire
Rockingham, Be it known that on the fourteenth day of September AD 1832 Before the Subscribers a Justice of the Peace in and for said County personally appeared Gilman Leavitt who has this day subscribed the foregoing affidavit and made oath in due form of law that the same is just and true
Before me,
Samuel Cushman Justice of the Peace.
I certify that the above named Gilman Leavitt is a man of good character and that his statements are entitled to credit
Samuel Cushman Justice of the Peace.
State of New Hampshire Secretary's Office September 14. 1832
The above named Samuel Cushman is a Justice of the Peace for our County of Rockingham duly constituted and sworn and his signature as such genuine
In witness whereof I have hereunto set the Seal of the State
Ralph Metcalf Secretary

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New Hampshire, } ss. At a Court of Probate held County of at Sandbornton
On this 23 d day of August 1832, personally appeared in open Court, before the Judges of the said Court of Probate , now sitting, Duelley Kelley a resident of New Hampshire in the County of Stratford and State of N. H. aged 69 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated that he entered the United States Service in Brentwood in the County of Rockingham and State of New Hampshire in June A.D. 1741 for six Months under the Committee of Safety Marched directly to Exeter in N.H. and was mustered and drawn rations and put under the care of a Serjeant belonging to the Continental Army his name I have forgotten then Marched to White Plains in the State of New York and there joined Colt Nicholas Gilmer's Company Lieut. Adams in Col. Henry Scobell Regt. Major Scott acting Commanded in the Continental line from there Marched to Peekskill from there to Albany Stational there one week then to Saratoga and served out the remainder of his Months and was discharged. Left my discharge with the Committee of Brentwood and it cannot be recovered
That he has no documentary evidence but he knows of no person whose testimony he can procure who can testify to his services except the accompanying affidavits
That he actually served the time of six Months
That he was born in Brentwood in the County of Rockingham and State of New Hampshire A.D. 1763
That a Record of his Birth is in the Records of Brentwood
That he resided in Brentwood aforesaid when called into Service
Since the Revolutionary War he has resided in New Hampshire in the County of Strafford State of New Hampshire fifty two years and now resides in same place

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State,
Dudley Kelley
Sworn to and subscribed, the day of year aforesaid
Daniel C. Atkinson Judge of Probate
We, Thomas Perkins residing in New Hampton and Nicholas M Taylor residing in New Hampton hereby certify, that we are well acquainted with Dudley Kelley , who has subscribed and sworn to the above declaration; that we believe him to be 69 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Thomas Perkins Nicholas M Taylor
Sworn and subscribed the day of year aforesaid before
Daniel C. Atkinson Judge of Probate
And the said Court do hereby declare its opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court certifies, that it appears to them that Thomas Perkins who has signed the preceding certificate, is a clergymen resident in the New Hampton and that Nicholas M Taylor , who has also signed the same is a resident in the New Hampton and are credible persons, and that their statement is entitled to credit.
Daniel C. Atkinson Judge of Probate
1, James Bartlett Reg Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Dudley Kelley for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 23 rd day of August A.D. 1832
James Bartlett Reg

Ex'r.
OLD WAR.
No. 5830
Acts of July 14, 1862, and March 3, 1873.
REJECTED
Dudley Kelly.
O.
New Hampshire
Service: Pri Rev. War.
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
O.

12,178
Dudley Bell N.H.
act 7. July 1832.

I John Smith of New Hampton in the County of Strafford and State of New Hampshire of lawful age do testify that I have been acquainted with Dudley Kelley of New Hampton State and County aforesaid for sixty years past and know that the said Dudley Kelley did enter into the United States Service in the year 1781 in the Month of July for six months under Capt. Johnson I served in the same Company I think about three months then the said Kelley was attached to some other Company and went up the River from Pockahit where we were stationed and I have reason to believe he served out the remainder of six months John Smith
State of New Hampshire
I happen to be it known that on the seventh day of August A.D. 1832 before the Subscriber a Justice of the Peace in and for the County aforesaid personally appeared John Smith who has this day subscribed the foregoing affidavit and made oath in due form of Law that the same is just and true Before me
Nicholas M Taylor Justice of the Peace
I certify that the above named John Smith is a man of good Character whose statements are entitled to full credit
Nicholas M Taylor Justice of the Peace

State of New Hampshire Secretary's Office August 7. 1832
The within named Nicholas H. Taylor is a Justice of the Peace for our County of Strafford duly constituted into office and his signature as such genuine.
In testimony whereof I have hereunto set the Seal of the State.
Ralph Metcalf Secretary,
John Smith for King

12, 178 Dudley Kelley

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Dwody Kelley which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? [Handwritten line] IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
Yes
XVI. ‡ Are the papers authenticated as the regulations direct?
Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.