Revolutionary War Pension and Bounty Land Warrant Application File S. 13605, for Stephen Kelly, Rhode Island

SERVICE
NUMBER
R.I.
Kelly, Stephen
S. 13605
CONTENTS
carded

20.917 New York
Stephen Kelly
Clerk in the State of New York who was a Private in the Comp. commanded by Captain May of the 1st. Regt. commanded by Col. Cook in the Pa. Line for 21 months and 22 days
Inscribed in the Roll of New York at the rate of 12 Dollars 12 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 21 day of Oct. 1831 and due to S. Kelly Virg.
Arrears to the 14th of Sep. 33 $181.00 Semest. allowance ending A.D. 34 36.22
$217.22
Revolutionary Claim W. L. W. July 7, 1832
Recorded by [Signature] Clerk. Book E, Vol. 1, Page 64

14.468 Stephen Holley Cortland N.Y.
RAMA
16.
13.52
10
33
May 14
72 02 149 54 56 21 181 05
Sam. Hotchkiss Virgil P. Office

BRIEF in the case of  Stephen Kelly  of Cumberland Co in the State of New York  (Act 7th June, 1839.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76 years  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.     In 1775 3 Private Gen. Washington Col' Brickmoe   15 May 1776 1 " Col' Brimble Col' L'Pith   Sept 1776 3 " Col' May Col' Cook   1 Aug 1777 3 " Col' Peck Col' Bertone   Aug 1777 10 " Col' Shaw Col' Simmons   20 Oct. 1777 1 10 " Col' Williams Col' Dyer   Col' Peck Col' Green  
5. In what battles was he engaged? Burington  July 1778 20 "  Aug 1778 12 "  in Middletown Pa  Island
6. Where did he reside when he entered the service? in Middletown Pa  15 Aug 1779 3 - - "  1780 6 - - "  Col' Oney Col' Brim  Col' Brim Col' Green
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? 3 living witnesses
8. Are the papers defective as to form or authentication? and if so, in what respect? Papers not attached
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cotts Examining Clerk.

Declaration In order to obtain the benefit of the act of Congress passed June 27th 1832
State of New York Cortland County } I personally appeared in open court before the Judges being a court of common pleas now sitting at Johnsville a resident of Virgil in the county of Cortland and State of New York aged 76 years who being first duly sworn according to law on his oath makes the following declaration in order to obtain the benefit of the act of Congress passed the 27th June 1832 That he entered the service of the United States under the following General officers and served as herein stated
About the 1st of December 1776 I entered the service at Mid- dletown in the state and county of Rhode Island under Capt John Cooke Samuel May Lieut and Caleb Ensign and was attached to Col William Richmonds Regiment enlisted for and served three months and was discharged with the Com't & served the whole time out at Middletown there was no regulars on or at the place at the time
About the 15th May 1776 I entered the service and served one month at the Town County & State of Rhode Island and served under Capt Asa Kimball Lieut Hopkins & Ensign Tuttle the regiment was commanded by Colonel Christopher Gypson was no regular troops at the place at the time I served as a substitute for William Page
In the fore part of Sept 1776 I again enlisted and entered the service at the Town of Rhode Island for three months under Capt Samuel May Lieut Jeremiah Smith and Ensign Sprague the regiment was commanded by Colonel John Cook and Lieut Col Marcy was no regulars on the Island some time in October the British came and drove us off & we went to Bristol and was discharged at Bristol about the first of December after serving three months

About the first of January 1777 I entered the service as a substitute for David Richardson and served three months under Capt Elisha Dick Lieut Richardson in Colonel Bristow's Regiment Entered the service and did the service at Bristol Town & County in the State of Rhode Island & was no regular troops at the place was discharged at Bristol.
In the month of August in the same year 1777 I again entered the service as a substitute for a man by the name of Clisbury and served ten days under Capt Samuel Love and Lieut Warren Colonel Simmons commanded did the service at a place called Maloomscheick near Binnington and was in what was called the Battle of Binnington In October and as near as I can recollect about the 20th I again entered the service and served forty days under Capt Timothy Willmot Lieut David Richmond and in Col Dyer's Regiment in what was called General Spencer's Expedition at or in Massachusetts at a place called Drurietown In July 1778 I again entered the service as a substitute for John Eddy and served twenty days under Capt Elisha Dick & Col Greene's Regiment at Middletown in Rhode Island in what was called Sullivan's Expedition was in the battle Col Livingston had the command on that day of the division in which I served In August of the same year I served twelve days at Middletown under Capt Willmot Lieut David Richmond and Colonel Dyer.
About the 15 th of January 1779 I again entered the service at Providence Town & County and State of Rhode Island and served three months under Capt John Olney Lieutenant Dexter and Col Chad Brown no regular troops at the place About the 20 th of June 1780 I again entered under Lieut Burlingame in the right commanded by Colonel Christopher Green Samuel Ward Lieut Col Mayer Simmons did the service in Rhode Island in the State of Rhode Island and served six months and that he served in all more than two years.

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
1 st - I was born in the Town of Gloucester County of Somerset in the State of Rhode Island in the Year 1756
2 nd There is a record of my age in the Town where I was born
3 rd I lived in the said Town of Gloucester at such time, I was called into service except the service which was rendered at Melrose which I believe was called the battle of Bannington at which time I lived in Adams Berkshire County and State of Massachusetts I remained in Gloucester about the War after the War I then went into the State of New York near Albany and from there to Worcester in the County of Onondaga State of New York from there to Virgil Cortland County where I have resided for the last seventeen Years
4 th I volunteered each time except the three times as stated in my declaration when I was a Substitute for William Dyer, Almshury and David Richardson
5 th I never of no regular Officer except those already stated in my declaration
6 th I rec d a discharge for the last six months service only I do not know what has become of it - it was signed by Colonel Christopher Green
Sworn & Subscribed in open court the 11 th day of June A.D. 1844 Samuel Hotchkiss Clerk Stephen Kelly his mark

Sworn and Subscribed the day and year above stated
And the said court do hereby declare their opinion after the investigation of the matter and after putting the inter- rogatories prescribed by the war department that the deponent Nathan Hilly was a revolutionary soldier and served as he states and the court further certifies that it appears to them that Nathan Smith & Oliver Hopkins who has signed the affidavits hereto annexed are residents of the Town of Angel and are creditable persons and that their statements are entitled to credit
William Mallory Samuel D. Lillard John Brown
Images of the Court of Common Pleas
I Samuel Hotchkiss Junior Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Stephen Hilly for a pension in testimony whereof I have hereunto set my hand and seal of office this 2nd day of October 1832
Samuel Hotchkiss Jr. Clerk

State of New York Cortland County ss. William Parker of Virgil being duly sworn Saith that he the said William was acquainted with Stephen Kelly in Virgil and knew with him in the Rev- olutionary war in the Continental Army and said Company was commanded by Lieutenant Martin said Company was raised in the County of Franklin in the State of Pennsylvania and was command- ed by Colonel Christopher Greer said Kelly did enlist for six months and served in the Company with him about four or five months and then he enlisted in that Company and and left said Kelly in said Company thinks it was in the year 1780  William Parker
Subscribed and sworn to before me this 11th day of August 1832
Joseph Kingsbury a Judge in and for said Co.
Cortland County ss. Abel Parker & Nathan Smith both of Virgil in said County being duly sworn Saith that they were acquainted with William Parker above named and had been for many years and that he was a man of truth & veracity known and acknowledged before me this 11th day of August 1832  Subscribed and sworn to before me this 11th day of August 1832
Abel Parker his mark
Joseph Kingsbury a Judge in and for said Co.

3 Cumberland County personally appeared in open Court before the judges of the Court at Cumberland, this 20th day of in the 2nd year of our Lord one thousand eight hundred and 32 now dying Nathan Smith of King in David County and after being duly sworn according to law on his oath makes the following affidavit He says that he has been acquainted with Stephen Riley  Stephen Riley since before the Revolutionary war and in and during the war and up to the present time knew that he enlisted and went to Boston as it was then stated in to the war that he enlisted for nine months and was gone about that time as near as this deponent can remember and this deponent fur- ther says that he was a neighbor of said applicant in and during said war and well remembering most of the services as set forth in deponent's said applicant's declar- ation and it is his best opinion that he remembers all
Sworn and subscribed Nathan Smith the day and year afore said * Samuel Tolchip & Clerk

State of Illinois Ohio, Nicholas Grater of Portland County, Ill. & Simonson in the County of Illinois Ohio being duly sworn on his oath, saith that he was acquainted with Stephen Kelly and served with him in the Revolution war and served in a company commanded by Lieutenant Franklin  with him  Franklin in the Regiment commanded by Col Green served with him Kelly & his men  men in the State of Illinois Ohio said Company was raised in the county of Franklin  Porter in his State. The slaves was rendered in the year 1780
Nicholas his  X  Mark
Subscribed before me this 4th day of August 1832
Without reserve, take the depositions of the following persons who are known to be credible and sworn to the truth of their statements, that they were and are now of a great number of years, and are known him to be a man of faith
take his X  Mark
Subscribed before me this 4th day of August 1832
Isaac Reynolds a Judge in and for the County of Portland

11 Cortland County ss Joseph Reynolds first Judge in and for said County and the persons before whom the affidavits of William Parker & Nicholas Smith Abel Parker & Nicholas Smith were taken and I being acquainted with each of them do certify that they and each of them and also Oliver Hobbs are men of good statements are to be believed and are men that do possess good character
28 th May 1833
Joseph Reynolds first Judge of Cortland County New York

State of New York Putnam County
On the 2nd day of October 1882 personally appeared
when Gaurt be a the judges Oliver Hopkins and after being duly sworn make the following affidavit that he has been acquainted with Stephen Kelly since before the war and during the war and from that time until the present time and he further states that he has heard the declaration of said Kelly need and is knowing to the most of it at all the times as stated by said Kelly in said deposition and that he the deponent lied near by said Kelly except a short time that he the said Kelly was at Adams and further this deponent saith not
Sworn and subscribed the day and year aforesaid
Amos Folsom
OLIVER HOPKINS

Orleans County S.S.
Samuel Hotchkiss or Clerk of said County do Certify that Joseph Reynolds Esq before whom the within affidavit of William Parker, Isabe Parker, Abel Parker & Nathan Smith purports to have been sworn, was at the date of the respective affidavits a Judge of the Court of Common Pleas in and for the said County duly Commissioned and sworn, his acts therein in that capac- ity are now regarded as such Also that I am well acquainted with the hand writing of the said Judge - and do well believe his name subscribed thereto to be his own proper handwriting and Signature Witness my hand and Seal of Office this 3 rd day of October A.D. 1832
Samuel Hotchkiss Dr. Clerk
Quesada N o 1 mo 22 ss per
W. Kelly
7

Old Navy Dept.
I am very anxious to secure the Revolutionary record of my Great Grandfather his name was Stephen Kelley. He was in a Rhode Island regiment and with Greene's Army. After the war he spent the most of his time in Virgi, Conn and N. York.
My father thinks he drew his pension

up to about 1840.
If I have not sent information enough will secure more.
I hope you can find it without much trouble. If there are any charges please let me know.
Respectfully
Lucy P. Evans.
228 S. "A" St.
Moline
Ill.
March 8, 1893.

1893 May 2 - West to Miss Lucy D. Evans, Moline, Ill. D.D.
Rev. Evans
13625 INVALID. 5
File No. 13625
Stephanie Kelly Miss. Miss. Evans
Act: June 1893
Index: - Vol. 1 , Page 213
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Stephen Kelly 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? 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? NO XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? NO 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? NO If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? NO Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? NO 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? NO XVI. †Are the papers authenticated as the regulations direct? NO XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? NO
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."