Revolutionary War Pension and Bounty Land Warrant Application File S. 15,543, for Daniel Newell, Massachusetts

SERVICE
Continental Mass.
Newell, Daniel
NUMBER
S. 15543
CONTENTS
carded.

5912
New Hampshire
Daniel Newell
of Nashua in the State of N H who was a Sgt in the company commanded by Captain _____ of the Regt. commanded by Col. Larned in the _____ and regimental line for 13 May 12 Dec 1814 7 " 21 " Sgt
Entered on the Roll of _____ at the rate of 6.0 Dollars 31 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 16 th day of Feb y 1833 and suit for _____ Hubbardston Rep.
Arrears to 14th of Sept 1832 $90.46 Semi-annual allowance ending 21 March 30.15
$120.61
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by _____ Clerk Book D - Vol. 125 Page 173.
Head
Paid at the Treasury under the Act of the 16 th Ap r 1838 from 4 Sept 1839 to 27 Dec 1839. Agt. notified 16. Ap r 1841.

Declaration of Daniel Newell of Holmes Cheshire Co. N.H.

State of New Hamp. County of Cheshire ss. On the 5th day of December A.D. 1832. Personally appeared before me the undersigned, a Justice of the Peace within and for said County, Daniel Newell, who being duly sworn, deposeth and saith, that he is the same Daniel Newell who made the within declaration and subscribed and swore to the same, and 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 not less than the periods mentioned below, and in the following grades: In the six weeks service and the year service first mentioned in said declaration, I served at least twelve months as a private; As substitute for Charles Simson, I served at least three weeks more as a private; As substitute for Jabez Crosby, I served at least three weeks more as a private; For seven months and four days more, I served as a first Sergeant - making in all 1 year 1 month and 15 days as a private, and 7 months & four days as a sergeant; and for such services, I claim a pension. -
Sworn and subscribed this fifth day of December 1832. Before me.
Elijah Bingham Justice Peace
Cheshire J. Dec. 5. 1832
I Selma Clark of the Judicial Courts in said county certify that Elijah Bingham is a Justice of the Peace in and for said county & I believe that the foregoing official signature is his. In testimony whereof I hereunto affix the seal of our Superior Court of Judicature.
S. Hale Clerk

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, COUNTY OF CHESHIRE.
On this Sixteenth day of August 1832 personally appeared in open Court, Before the Hon. Aaron Waldo Judge of Probate for said County
now sitting, Daniel Sewell a resident of Alstead in the county of Cheshire and State of New Hampshire aged Seventy eight years last May 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 7th, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
1 st . In the year 1775 - volunteered about the middle of November - in Capt Converse Compy - went for six weeks - and in about ten or 12 days enlisted in Capt Peter Warwoods Compy in Col Eben Learned Regt. for one year to commence the 1 st of Jan y . 1776. - and was immediately transferred to said Warwoods Company to complete the six weeks service. - at the end of my six weeks service, I commenced the said year service. - was stationed at Roxbury in the six weeks service and in the year service until after the British evacuated Boston. - was on Dorchester hill when the British left. - The last of March went from said Roxbury to the City of New York. - was taken sick at New York City just before the retreat was carried out to Kingsbridge in a Row-Galley. - then retreated up the River up to Bedford above Tarrytown and was discharged there on account of my sickness about the middle of November - was sick at the time of the White Plains battle. - making 10 and half mo in the Continental & the six weeks in the militia, in all 12 months - 2 nd . In 1777 - went as a substitute for Charles Simson of Brookfield who was drafted. - in Capt Daniel Gilberts Compy Lieut Brown - went to Bennington - a half moon - was called from Bennington to half a few days before the battle of Bennington & called back while the battle was taking place & arrived at Bennington from half moon the day after the battle - was in Genl Lincoln's division. - was in this service about 3 weeks or a month. - 3 rd . In 1777 - the latter part of Sept r - went in place of Elisha Crosby. - who had volunteered - under Capt Asa Sanforth of Brookfield - joined Col Learned Regt - went to Still water - arrived there after the first battle - joined Genl Army in the action - just before the battle began went out as a scout on our left wing - towards the British right. - was with the Army until Burgoyne surrendered. - then dismissed - in this service at least three weeks. - 4 th . In 1778. in May enlisted for nine months in Capt John Cuttons

Company - in Col Wady Regt Mass State Troops - to have from the time of enlistment till the 1 st of Jan y 1779 - was immediately appointed first sergeant - and served as such - marched to Providence - then to North Kingston - then back through Providence and round to the east side of R.I. - to Swanton went on to the Island under Genl Sullivan - was not in the action - our Company kept cool the Artillery - was in the retreat off the Island - then to East Greenwich and stationed there till Jan y 1. 1779 - and discharged there - making over 7 months. Was born in Brookfield Mass. in the year 1754 - has one room of his age - Was living at Brookfield when called into the service, and has lived in said Brookfield and Athol Mass. and for 25 years past has lived in Athol aforesaid, and now lives there - was a volunteer except when I was a substitute for Charles Simons and John Crosby as before stated - when he was discharged from the Continental service thinks he belonged to Gen. Glousters Brigade also marched to Genl Washington. See Heath at New York and Col. Prescott on Gunners Island - also Gen. Lincoln at Bannington and Half moon and Col. Warner - also Major afterwards Col. Seth Patten and Gen. and Col. Dixon & Col. Rufus Putnam - also Genl. Sullivan & Gen. Warner, Col. Peabody of A.H. at R.I. - Had a written discharge from the Continental service, but has lost - Rev. S. Higue and Mr. Luther Newton both of Athol can testify as to my character and belief of my services.
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to and subscribed the day and year aforesaid.
Daniel Newell before me Aaron Watson Judge of Probate before me Aaron Watson Judge of Probate
We, Jeremiah Higue a Clergyman and Luther Newton both of Athol aforesaid - do
hereby certify, that we are acquainted with Daniel Newell who has subscribed and sworn to the above declaration; that we believe him to be seventy eight 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.
Jeremiah Higue Luther Newton
Sworn and subscribed the day and year aforesaid.
before me Aaron Watson Judge of Probate
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 Jeremiah Higue who has signed the preceding certificate is a clergyman residing in the town of Athol aforesaid and that Luther Newton who has signed the same is a resident of Athol aforesaid and is a credible person and that this statement is entitled to credit.
Aaron Watson Judge of Probate
I, Abi Parker Register Clerk of the Court of Probate for said County of Cheshire do hereby certify, that the foregoing contains the original proceedings of the Court in the matter of the application of Daniel Newell for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this sixteenth day of August A.D. 1832
Abi Parker { Register of said Court of Probate

For Daniel Newell. — 2 —

I Joseph Merrill of Brookfield in the County of Worcester & Commonwealth of Massachusetts of lawful age do testify and say, that my brother Daniel Merrill of Alstead in the State of New Hampshire, but but formerly of Brookfield in Worcester County in Massachusetts - enlisted, as I now recollect the latter part of Dec r 1775 or first of January 1776 to serve one year from first Jan y 1776 - and did accordingly enter into the service in Col. Eben D r Learned's Regiment on the Continental establishment & continued from said first of J y till the Month of November I think the latter part; though I am not positive; but then much I am confident it must have been as late as the middle of the fall - for he served as long as ten months after he enlisted in said Learned's Regiment - He was taken sick & procured his discharge, I think from Gen l Lee & delivered it to him & then he returned home - And further the deponent saith not.
Witness: Selina Hammond.
Joseph Merrill
Commonwealth of Massachusetts.
WORCESTER, ss.
I, ABIJAH BIGELOW, Clerk of the Judicial Courts holden within and for said County of Worcester, certify, that Selina Hammond Esquire, before whom the annexed affidavit has been made, is a Justice of the Peace within and for said County, duly qualified for the purpose, acting under the authority of this Commonwealth, and that his name subscribed thereto is his own proper signature.
IN testimony whereof, I have hereunto set my hand, and affixed the County seal, this twentieth day of June, A. D. 1820.
Abijah Bigelow, Clerk.
Application of Dan t Merrill.

I Joseph Newell of Brookfield in the County of Worcester & Commonwealth of Massachusetts of lawful age do testify and say, that my brother Daniel Newell of Alstead in the state of New Hampshire, but but formerly of Brookfield in Worcester County in Massachusetts - enlisted, as I now recollect the latter part of Dec r 1775 or first of January 1776 to serve one year from first Jany 1776 - and did accordingly enter into the service in Col. Eben r Learned's Regiment on the Continental establishment & continued from said first of Jany till the Month of November I think the latter part; though I am not positive; but there is much I am confident it must have been as late as the middle of the fall - for he served as long as ten months after he enlisted in sd d Learned's Regiment - He was taken sick & procured his discharge, I think from Gen l Lee & delivered it to him & then he returned home - And further the deponent saith not
Witness Elisha Damond.
Joseph Newell
Worcester 3 d June 1 st 1820. Personally appeared the above named Joseph Newell and made oath to the truth of the affidavit above by him subscribed - before me
I further certify that the above named Jos. Newell is a man of truth & veracity.
Elisha Damond Just. Peace

For Daniel N. N. N. N.
Commonwealth of Massachusetts. Worcester ss. I Abijah Bigelow, Clerk of the Judicial Courts, held within and for the County of Worcester, do hereby certify, that Elisha Hammond, Esquire before whom the within Affidavit of Joseph N. N. N. was made and sworn to was on the first day of June A. D. 1820. a justice of the Peace within and for the said County of Worcester, and that his signature thereto appears to me to be in his own proper handwriting -
In testimony whereof I have hereunto set my hand, and affixed the County Seal, this twelfth day of December - in the year of our Lord one thousand eight hundred and thirty two.
Abijah Bigelow, Clk.

TREASURY DEPARTMENT,
Second Comptroller's Office,
April 3 rd , 1841.
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," the child n of Daniel Newell, dec d . a Pensioner on the Roll of the Concord, N.H. Agency, at the rate of Sixty — Dollars and 31 Cents per annum, under the law of the 9 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 27 th Dec r 1839.
Respectfully yours,
Wilson B. Passmore
Comptroller.
To the Commissioner of Pensions,
Present.

9009
Daniel Newell
Probate 13 Mar & 12 days
Supt 7 1/2 4
20 26
M.C.S.
Was not mentioned with precise the length of his service appears not properly authenticated
Nov 15 1832
Am: H. Hubbard 68 $60.31-
Th. M. Edwards Keene Cheshire Co NH

9009
BRIEF in the case of vs Cheshire Co
Daniel Newell of Alstead in the State of New Hampshire (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? about  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? no  3. How old is he? 78  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.     75 - Middlebury - 17 to Middlebury 76 1 Private Gen. Capt Converse then Capt Herwood - Col Larned   77 - time of Battle Bennington - about 3 weeks or so 21 Substitute Capt Gilbert   later part Septemb. - at least 3 weeks 21 do Capt Danforth - Col Larned   78 - May to Jan 79 - over 7 46 1st Sergeant Capt H. Cutter Col Wade  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Brookfield N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 2 living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Affidavits & certificates not properly connected 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. B. Easton Examining Clerk.

O. R. 100. 155. T 15543 P. W. P.
DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS, WASHINGTON, D. C.,
November 14, 1896.
Madam:
Replying to your request for information concerning the military record of Daniel Newell, a soldier of the Revolutionary War, you are advised that he made application for pension August 16, 1862, at which time he was 75 years of age and residing at Alstead, N. H., and his pension was allowed for eleven months and twelve days' actual service as a private, and seven months and four days' service as a sergeant in the New Hampshire troops, Revolutionary War; a part of the time he served under Capt. Peter Harwood and Capt. Ebenezer Larned. He enlisted at Brookfield, Mass.
Very respectfully,
Commissioner.
Miss Lillian S. Newell, 126 Caroline Street, Saratoga Springs, N. Y.

100 Supt
Yrs
N
Pension Office Dept.
Will you please send me the military record of Captain Daniel Newell who was in the Revolutionary War.
He was born in Farmington, Oct. Sept 16 th 1855
As I wish to become a Daughter of Revolution I will esteem it a great favor if you will give me the necessary information
I enclose a stamp for

reply
Respectfully Gillian S. Newell 124 Caroline St Saratoga Springs N.Y.

9009
Dane Newell
12m
21
21
12 42
16
13 12
Thos Edward Keene Cheshire Co NH

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Dane Newell  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 No. 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
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 affidavits must be properly authenticated, as above directed.
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. in so far as

ms 26
P
15543
INVALID.
7
Nov 14 '96 recd for Miss Lillian S Newell Dorothy Spence
File No. 15543
Denise Newell
Sergt Rec-Var
Act: June 7 th 82
Index: — Vol. 1 , Page 274
[Arrangement of 1870.]

affidavit
for Daniel Howard Snow

Holden April 4th. 1820
I George Webb of Holden in the County of Worcester do testify and say, that I was in the army at Roxbury and in New York part of the year 1775 and the year 1776 a Lieutenant under Capt. Hawkins Earl Larned's Regiment; and Daniel Newell enlisted for one year into the Company under the command of Capt. Hawkins and served more than nine months as a faithful soldier
attest Jonas Ball Ethan Davis
George Webb
Worcester ss April 4th. 1820
Personally appeared George Webb and was sworn to the above deposition by him subscribed to be the truth before me Ethan Davis Jus Peace
I further say the above named George Webb at the time of signing the same was a person of good credit and veracity Ethan Davis
Commonwealth of Massachusetts.
WORCESTER, ss.
I, ABIJAH BIGELOW, Clerk of the Judicial Courts holden within and for said County of Worcester, certify, that Ethan Davis Esquire before whom the annexed Affidavit has been made, is a Justice of the Peace within and for said County, duly qualified for the purpose, acting under the authority of this Commonwealth, and that his name subscribed thereto is his own proper signature.
IN testimony whereof, I have hereunto set my hand, and affixed the County seal, this fifths day of April A. D. 1820.
Abijah Bigelow, Clerk
Application of Daniel Newell

Given April 4 th . 1820
I George Webb of Holden in the County of Worcester do testify and say, that I was in the army at Roxbury and in New York part of the year 1775 and the year 1776 a Lieutenant under Capt. Hawkins Gort Larned's Regiment; and Daniel Newell enlisted for one year into the Company under the command of Capt. Hawkins and served more than nine months as a faithful soldier attest Jonas Ball Ethan Davis
George Webb
Worcester ss April 4 th . 1820
Personally appeared George Webb and was sworn to the above deposition by him. Subscribed to be the truth before me Ethan Davis for Peace
I further say the above named George Webb is a Man of truth and veracity Ethan Davis
Commonwealth of Massachusetts
Worcester ss. I Abijah Bigelow Clerk of the Judicial Courts, holder within and for the County of Worcester, do hereby certify, that Ethan Davis, Esquire, before whom the above Affidavit of George Webb was made and sworn to, is, and on the fourth day of April 1820, was a Justice of the Peace, within and for the said County of Worcester, and that his signature thereto appears to me to be in his own proper hand writing.
In testimony whereof I have hereunto set my hand, and affixed the County Seal. This twelfth day of December A.D. 1832. Abijah Bigelow, Clerk.