Revolutionary War Pension and Bounty Land Warrant Application File S. 5,650, for James Keith, New York

SERVICE
NUMBER
New York.
Keith, James
S 5650
carded.
CONTENTS

14597 New York
James Keith
of Herkimer Co in the State of New York who was a private in the Company commanded by Captain Allen of the Regt: commanded by Col. Ward in the N.Y. Line for 1 1/2 mo 27 d.
Inscribed on the Roll of New York at the rate of 4 3/4 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 day of June 1833 and sent to H. Norton - Fairfield
Arrears to the 4th of March 1833 $86.00 Sem-ant. allowance ending Sept. 21. 50
$107.50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk Book 6 Vol. 4 Page 22
Dead
Paid at the Treasury under the Act of the 6 th April 1838, from 14 Sept 1838 to 14 April 1839 the day of his death - Aged 80 April 1840

TREASURY DEPARTMENT,
Second Comptroller's Office,
March 17 th , 1840.
Sir:
Under the act of the 6th of April, 1833, 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," The child n of James Keith, a Pensioner on the Roll of the Albany M y . Agency, at the rate of Forty three Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1836, to the 14 th April 1837, the day of his death.
Respectfully, yours,
William B. Parrish
Comptroller.
To the Commissioner of Pensions,
Present.

James Keith New York No 23275.
admitted 12 & 27 days Private.
3.
H. Norton esq. Fairfield Herkim co N.Y.

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of James Keith
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     13 May 1776 enlistment to Dec 1777 X 6 Pri. Capt. D Allen Col. A. Ward From Thompson to Providence 75 years and upwards   Oct 1777 1 " Capt. D Jones Sergt. Sullivan From Conn to New York Thompson witnesses   March 1778 1 12 " Capt. L. Latham Lt. Col. Johnson From New York City to White Plains Windham   July 1779 2 15 " Capt. L. Latham Maj. Cook From White Plains to Providence Valentine   Drafted 2 " Capt. L. Latham Col. McClellan From Providence to Boston Providence   12 27 Capt. J. Cady Col. Leonard From Boston Boston  
I am, respectfully,
Your obedient servant,
X Time in service only allowed
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ 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.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their 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 further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 each 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. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

State of New York County of Herkimer ss: On this the 4th day of February in the Year 1833 personally appeared in open Court before the judges of the Court of Common Pleas of the said County of Herkimer and said State the same being a Court of record having by Law a Clerk and Seal now sitting James Keith a resident of the Town of New Port in said County & State aged seventy five years and upwards, 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 -
And he the said James Keith saith that he resided in the Town of Thompson in the County of Windham & State of Con- necticut in the Year 1776 and this deponent saith that on the 13th day of May 1776 he enlisted as a volunteer at Thompson in the County of Windham in the State of Con- necticut under Ensign Jonathan Nichols into Capt. Daniel Allen's Company in Col: Andrew Ward's Regiment in the State Service for one year and he this deponent was marched with the Company under the Command of Capt: Allen to Norwich in the State of Connecticut and

from thence in this department embarked with Capt Allen's Company and Capt Cutler's Company on board of a vessel and sailed directly to the City of New York and landed in said City and remained there a few days and from thence this department with Capt Allen's Company went up the north river in Batteaux to a place called the English Neighborhood on the west side of the said river made opposite Fort Washington on the East side of the river and this department was employed with Capt Allen's Company & the whole of Col: Ward's Regiment on fatigue in building Fort Lee and also standing there and this department believes he remained there several weeks and then in the month of September 1776 in this department with Col: Ward's Regiment crossed the river aforesaid and marched with said Regiment under Capt Allen to Valentines Hill a little over a mile from said river & about a mile from Kings bridge and was stationed there and Col: Ward's Regiment was joined to Col: Chester's Regiment and they remained at Valentines Hill till the day of the battle of White Plains and then in this department with said Regiment under the Command of Gen: Sullivan were marched to White Plains and arrived

at White Plains the night before the battle of White Plains and on the day of said battle this deponent was employed in cutting down timber and making abatis against the enemy and throwing up intrenchments behind said abatis - And this deponent saith that said battle commenced between the advanced parties early in the morning & the American Army were routed in this engagement and in the dead of the same night this deponent with Col Wards Regiment & the main Army of the Americans retreated about three miles to a place towards North Castle and on the second day after said retreat this deponent was taken sick as he believes by a violent cold which he had caught by laying on the ground a few nights before and this deponent was soon after carried to North Castle & put into a School house and this deponent was very sick and suffered extremely and this deponent saith that John Keith in the affidavit made by him herunto annexed came & removed this deponent on a litter borne by two horses to Cornwall in Connecticut and put into a house there where the sick of Capt Collins Company were kept and this deponent was insensible much of the time of his sickness and he was told he was removed to Cornwall in the

latter part of October 1976 and this deponent remained sick till sometime in the before the middle of January 1977 and this deponent then recovered so much that he was able to leave his home in Thompson in the State of Connecticut and after this deponent got home he was confined to his house by his full state of health until spring following and he this deponent was not able to do any labor until the first part of the Summer 1977 -
And this deponent said he received no discharge in writing - The officers under whom he served were Capt Allen Eust Wiley 2 d Lieut. Batten Ensign Nichols; Col: Ward Lieut Col: Johnson Maj: Cook; Col: John Chestn being the last Col: took the command of the Brigade in the fall - At this deponent saw in this service Gen: Washington; Gen: Lee was personally acquainted with Gen: Wadsworth Gen: Putnam who lived in the town of Pampas adjoining the town of Thompson in Connecticut State - As this deponent served as above stated twelve months as above stated And this deponent said that in the month of October 1977 he enlisted as a volunteer at Thompson in the State of Connecticut into Capt: Sisson's Company in Col: McCall's Regiment in the State serving for one month and was mustered with the Company under

the Command of Capt Lyons to Plainfield in the State of Connecticut & there the Company received their arms and this upon which there was march on with the Company under the Command of Capt Lyons to Providence in the State of Rhode Island and from thence he was marched with Capt Lyons Company to Slade's Ferry on Hanton River & after we crossed the river the Company was marched down to Howland's Ferry & from thence through Forestown & from thence to Tuckerton and the American Army was concentrated at the four Corners as they were called under the Command of Gen: Spencer and Gen: Douglass Commanded the brig all to which this deponent belonged and this deponent remained at the said four Corners until Gen: Spencer expedition was given up and this deponent was then marched back to Providence & remained there until his term expired - And this deponent served under the Command of Capt Lyons one month as above stated and was then discharged at Providence aforesaid sometime in December 1777

but he received no discharge in writing - The officers under whom he served were Capt: Seyon, First Lieut Paul 2 d Lieut: Dyer Ensign Kindall Col M c Lellan Gen: Douglass - This deponent saw Gen: Palmer who commanded the Mass: Cheshire Troops -
And this deponent further saith that in the month of March 1779 he this deponent enlisted as a substitute for William Clary at Thompson in the State of Connecticut into Capt: William Sathan's Company in the State Service for six weeks and he was marched with Capt Sathan's Company to Fort Griswold on the River Thames opposite New London in Connecticut State & this deponent was stationed in said Fort under the Command of Capt Sathan and Col: Sedgwick had Command of Fort Griswold & was called Major - Sedgwick then but had Command of said Fort & this deponent did duty on guard in said Fort & was exercised daily at the heavy artillery and this deponent served one month as he believes about fifty days under the Command of Capt Sathan and this deponent then served out his time for which he enlisted as a substitute for William Clary and in this deponent then enlisted as a substitute for a no soldier whose name this deponent thinks was Readway in his place into Capt Joseph Seabury's Company in Fort Griswold

and this deponent served in said Fort under the Command of Capt. Lincoln in standing on guard & was daily exercised at the heavy artillery and soon this deponent went up to Gale Ferry & brought wood & kindled Fort Griswold for the Troops - and this deponent saith that he served in said Fort under the Command of Capt. Lincoln until the latter part of May 1779 and he this deponent was then discharged but received no discharge in writing - And this deponent saith that he served three months  lasting as he believes two months and a half under Capt. Nathan Capt. Lincoln as above stated - The officers under whom he served were at first Capt. Nathan Sicut. Way - no 2 d Lieut. nor any Ensign; Col. Sedgwick in the next place Capt. Lincoln - The Lieut. not mentioned nor the Ensign - This de- ponent saw no regular officers in their service as he recollects - Except Col. Sedgwick
And this deponent saith that in July 1779 in haying time he this deponent was drafted at Thompson in the State of Connecticut into Capt. Jonathan Cady's Company in Col. Storrs Regiment in the State service for only a month in the first place and this deponent was marched & Groton Bank near Fort Griswold aforesaid and this deponent saith that a British Frigate lay off on Goshen Bay in the River Thames & this deponent was on guard frequently watching said frigate and this deponent was ordered on patrol

in cutting Cedar in a Cedar Swamp to upland the pickets at Grafton and this deponent after his month was expired for which he was drafted continued to serve one month more on account of the said British Frigate lying in the River Thames and this deponent served two months as above stated under the Command of Capt Gady I was employed as above stated and this deponent was then discharged at Grafton aforesaid the last days of August 1779 I immediately went home and got home on the 2 nd or 3 rd day of September but this deponent received no discharge in writing - The officers under whom he served were Capt: Gady, Lieut Amos Carrick Ensign John Barrat Lieut: Storr - He saw no regular officers there except Lieut: Gady
And this deponent saith that he served as herein before stated Eighteen months and a half - And this de- ponent saith that he has proven said services performed by him in the war of the Revolution by the affidavits of John Keith Amos Carrick and Josiah Corns which are hereunto annexed And this deponent saith that he was in the Town of Smithfield in the County of Providence State of Rhode- Island on the 5 th day of January in the year 1758 - This deponent was

no record after age - This deponent was living at Killingly afterwards called Thompson in the County of Windham in the State of Connecticut at the commencement and during the war of the Revolution and since the Rev- olutionary war this deponent continued to live in Thompson aforesaid until the year 1798 and in this deponent then removed to New Port in Herkimer County and State of New York and has resided in New Port aforesaid ever since he removed there in 1798 and this deponent still resides in said Town of New Port in Herkimer County - This deponent never received any discharge from the service -
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 -
Subscribed & sworn to this 12 th day of February 1833 in open Court -
James Keith
Julius C. Nelson Clerk

And the said Court do hereby declare their opinion after the investigation of other matter and after putting the inter- rogatories prescribed by the War Depart- ment that the above named applicant was a revolutionary soldier and served as he states —
State of New York
Clerks office Herkimer County ss: I Julius C. Nelson Clerk of the Court of Common Pleas of the said County of Herkimer do hereby certify that the foregoing proceedings contains the original proceedings of the said Court in the matter of the application of James Keith for a pension — In testimony whereof I have hereunto set my hand and seal of office of Clerk of said Court this twelfth day of February in the year one thousand eight hundred thirty three
Julius C. Nelson Clerk

Rev War
5650
INVALID.
File No. 5650
James Keith Rev War
Act: June 1 st 82
Index: —Vol. M , Page 202
[Arrangement of 1870.]

In the matter of the application of James Keith for a pension under the Act of Congress passed June 7, 1832 —
make returns to H. Colton Fruitful Hill Co NY
23275

James Keith, Applicant & or Amos Westcott Affidavit

State of New York Herkimer County
Amos Westcott of the town of Herkage in the county of Herkage in said State being duly sworn according to law, doth depose and say that he is twenty years of age, and further saith that he was a soldier in the Connecticut militia in the state of Connecticut. As further this deponent saith that he is acquainted with James Keith, of the town of Newport in said County of Herkimer, and was acquainted with him in the said State of Connecticut, in the said Revolutionary War, and this deponent, and the said James Keith were in company together, and the said deponent further saith, that he knows the said James Keith served under Capt. Jonathan Cady in the Connecticut militia. This was a three months service. And says that the said James Keith served the whole time of the said enlistment. And according to the best of this deponent's recollection, he believes that the said James Keith had served a three months tour previous to the above mentioned service under Capt. Cady.
Amos Westcott
Sworn and subscribed before me A. Wooster a judge of Herkimer Co. N.Y. Chas. Aug. 6. 1832 A. Wooster

State of New York
Clerks office
Herkimer County ss: I Julius C Nelson Clerk of the County of Herkimer aforesaid do hereby certify that the Hon: Sherman Wooster was at the time he took the within affidavit of Amos Wescott and still is a judge of the Court of Common Pleas of said County of Herkimer and that I the said Clerk am acquainted with the hand writing of said Sherman Wooster and that the signature of "S. Wooster" to the within affidavit is the proper hand writing of the said Sherman Wooster a judge of the said Court of Common Pleas of Herkimer County. In testimony whereof I have hereunto set my hand & seal of office of Clerk as aforesaid this 12 th day of February 1833
Julius C Nelson Clerk

State of New York Herkimer County
John Wilson of the town of Newport in the said County of Herkimer, being duly sworn according to law, doth depose and say that he is fifty three years of age, and further saith, that this deponent formerly resided in the State of Connecticut in the town of Thompson Windham County, and that Amos Westcott whose name is set forth in, and subscribed to, an affidavit made and taken before Sherman Wooster a judge of Herkimer Common Pleas, under date of August sixth 1832, was then a resident of the said town of Thompson, and that this deponent was acquainted with said Amos Westcott at that time, and has known him ever since, and that he believes him to be a man of truth and veracity, and that his attestations are entitled to full faith and credit John Wilson
Subscribed and sworn before me this 5 day February 1833
Richard Horenden Justice of the Peace
Clerk's office
Herkimer County ss: I, Julius C. Nelson Clerk of the Court of Common Pleas of the County of Herkimer aforesaid
do hereby certify that Richard Horenden before whom the foregoing affidavit was taken was at the time after taking the same a justice of the Peace of said County of Herkimer duly qualified and that I am acquainted with his hand writing & that the name of "Richard Horenden" to said affidavit is the proper handwriting of the said Richard Horenden justice of the Peace aforesaid County. In testimony whereof I have

hereunto set my hand & the seal of office as said Clerk this twelfth day of February the year 1833
Julius C. Nelson Clerk

I Josiah Collins of Thompson in the County of Windham and State of Connecticut of lawful age & engaged according to Law do testify and say that in the summer of 1779 my father was drafted on a tour of duty in Capt Jonathan Cady's Company of the Connecticut Militia, to Fort Griswold, and I went as his substitute and served six weeks. James Keith, then of Thompson of record now living in Newport, Richmond County & State of New York, was a soldier, during said time, of six weeks, in the same Company with me. Col. Cady and was the commander officer. I have always been well acquainted with S r . James Keith Josiah Collins
State of Connecticut
Windham County ss. Thompson October 7 th , 1832 then personally appeared Josiah Collins signer of the above deposition and made solemn oath to the truth of the same Before me Simon Davis Justice of the Peace
I also further certify, that I have always known the above deponent & his standing a character entitled his attestations to full faith & credit (Simon Davis Justice of the Peace)

William Bolles Clerk of said County Court within and for the County of Windham in the State of Connecticut. We hereby certify that William Davis Esq before whom the foregoing affidavit was made, is duly enrolled as a Justice of the within and for said Windham County. That the foregoing signature of his name is in his hand writing, and that full faith and credit ought to be given to his acts as such -
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Brooklyn in said County this 7 th day of October A.D. 1832 -
William Bolles Clerk

John Keith Dep. -
See

I John Keith of Thompson in the County of Windham State of Connecticut, residing now in Roxbury County of Norfolk & Commonwealth of Massachusetts. aged seventy six years - do testify and say - that James Keith formerly of Thompson aforesaid now of Newport in the County of Herkimer State of New York - enlisted as a soldier in the Revolutionary War on the same day with myself for one year under Ensign Jonathan Nichols and was attach- ed to & served as a corporal, in a company commanded by Capt Daniel Allen of Ashford in the State of Connecticut. I believe I stated in my declaration sent on from Connecticut that I enlisted the 13 th of August 1776 - my memory is very poor - but on reflection & circumstances that have accurred since - I believe that we enlisted the 13 th of May 1776 - I believe we were in Col o Ward's Regt - we march d to Norwich & went from there to New York by water - went up the North River - went up the North & over in the Jersey Shore & remained a while at a place call d the English Neighborhood - I had charge of the sick near Kings Bridge - afterwards with the sick at Norwalks - while at Norwalks - I learnt that James Keith above nam d was sick at the White Plains - I went after him & found him there in an old school house very sick and in a most miserable condition - could not be moved only on a Horse Litter - I hired a man with two Horses & carried him on a Horse litter to Norwalks about 30 Miles distant - he left Norwalks for home sometime in the Winter - when I returned home in the Spring - I found him confin d to his House & not able to do much Labor the following summer -
In the year 1777 the aforesaid James Keith served as a soldier one month with me in Capt Lyons

Company - I think the Col o of our Company Reg t was M c Lean - this service was in the State of Rhode- Island -
John Keith
Norfolk Sept 27 th 1832
Then John Keith above named per- sonally appeared and made oath to the truth of the above deposition by him subscribed before me Abijah Draper Justice of the Peace
The above named John Keith sustains a fair char- acter & is considered a man of truth
Abijah Draper J. P.
Commonwealth of Massachusetts
I James Ward Clerk of all the Judicial Courts within and for the County of Norfolk hereby certify that Abijah Draper Esquire before whom the above deposition was taken is a Justice of Peace, in and for said County duly appointed commissioned and qualified to discharge the duties of said Office, and that his signature above twice written is genuine and true.
In witness whereof I have hereunto subscribed my name and affixed the seal of the Supreme Judicial Court of said Commonwealth at Ashburn, this twenty seventh day of September in one thousand eight hundred & thirty two...
James Ward