Revolutionary War Pension and Bounty Land Warrant Application File W 23976, for James Mitchell, New Jersey

SERVICE
NUMBER
New Jersey New York
Mitchell, James Lydia
W 23976 B.L.W. 30.930-160-55-
CONTENTS
[Ruled lines for handwritten entries]
[Ruled lines for handwritten entries]

177193 }
Act March June 25/55
Lydia Mitchell widg James Mitchell, pri.
Revolutionary Pension
Revolutionary War
Pension
No. 5647.
MS Bely 48-5647 advised as from 18/80 Blyth

Rev J. J. Hinger- land Oct 20/55 Thos. Maxwell July 29 1856-
56 1/2 New York, Albany Syria Mitchell widow of James Mitchell who served in the Revolutionary war, as a Brig { Infantry { Cavalry
Inscribed on the Roll at the rate of 33 Dollars 89
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the day of May 1837 and sent to
Rev J. J. Hingerland Bethlehem, N.Y.
Recorded on Roll of Pensioners under act February 2, 1848, Page 131 Vol. 4

177/93 Lydia Mitchell widow of Jas Mitchell
Revolutionary claim under act March 3. 1855
A pension under act of Feb 2. 1848 at $53.89. by Certificate No 5647. dated May 2. 1857.
Thos Macwell Atty Elmira NY

State of New York } Chemung County ss } On this 21 st day of June 1855 personally appeared before me a Justice of the peace in & for the County aforesaid Lydia Mitchell aged 83 — years a resident of the town of South- port in said County, who being duly sworn accor- ding to law, declares that she is the widow of James Mitchell late of the place aforesaid, deceased, who was a private in the of Dragoons & Infantry in the war of the Revolution and served as such for more than fourteen days, for which service she has been inscribed on the Pension List, Roll of the Albany, New York agency, at the rate of fifty three dollars eighty nine cents per annum com- mencing on the 4 th March 1848, and continuing for life, unless she should again marry - under the second act of February 2 nd 1848. That her pension Certifi- cate bears date at the Department of the Interior the 2 nd day of May 1851. Signed by J. J. Grittenden acting Secretary of the Interior, countersigned by J. E. Heath Com d of Pensions and numbered 5647 -
To the papers accompanying her application for a pension she refers for the proofs of her marriage & her husband's services -
She further declares that she was married to the said James Mitchell at the town of Chemung in said County of Chemung by Elijah Buck Esq then a Justice of the peace of said County on the spring of 1791 at the time That her name before her said marriage was Lydia Westbrook: that her husband died at South- port aforesaid on or about the 16 th March 1831.
and that she is now a Widow
She makes this declaration for the purpose

of obtaining the bounty land to which she may be entitled under the "act approved March 3, 1855."
Lydia her  mark Mitchell
We Jacob Mitchell & Hilinda W. Black residents of the County & State aforesaid, upon our oaths, declare that the foregoing declaration was signed and acknowledged by Lydia Mitchell in our presence; and that we believe from the appearance and statements of the applicant, that she is the identical person she represents herself to be -
J. Mitchell Hilinda W. Black
Homer Wells of the county & state aforesaid being duly sworn deposes & says that he was well acquainted with James Mitchell above named in his life time and also with his wife Lydia the above named applicant. That they were generally reputed in the neighborhood to be husband & wife and lived together as such - That the said James Mitchell died on or about the 16 th of March in the year 1831 - leaving his widow the above named claimant, surviving him & that she still remains a widow -
Homer Wells of the County of the State of
The foregoing declaration & affidavits were sworn to and subscribed before me on the day & year above written - and I certify that I know the affiants

to be credible persons: that the claimant is the person she represents herself to be, and that I have no interest in this claim —
Th. Masswell J.P. Chemung Co. N.Y.
State of New York Chemung County Clerk's office ss.
I A. F. Babcock Clerk of said County do hereby certify that Th. Masswell before whom the above declaration and affidavit was made, was when they bear date a Justice of the peace in & for said County duly qualified and that his signature above subscribed is genuine — Witness my hand & Seal the 21 st day of June 1855. —
A. F. Babcock Clerk, Chemung County,

Declaration
In order to obtain the benefits of the provisions made by the acts of Congress passed March 3rd 1843, June 17th, 1844, and February 2nd, 1848.
State of New York
Chemung County
On this Eleventh day of December in the year Eighteen hundred and fifty personally appeared before me George W. Roberts, a Justice of the Peace in and for the said County of Chemung, Lydia Mitchell, a resident of the town of Southport in said County of Chemung and State of New York, aged Seventy nine years, who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefits of the provision made by the acts of Congress passed March 3rd 1843, June 17th, 1844, and the act of February 2nd, 1848.
That she this Declarant is now the widow of James Mitchell who died in the aforesaid town of Southport on the Sixteenth day of February 1832, since which time she has remained this widow single and unmarried.
That Declarant was duly married to her husband the said James Mitchell in the month of April in the year 1789.
That her husband the said James Mitchell was as she was always informed by him and which she verily believes true, a soldier of the United States in the War of the Revolution. That as Declarant was always informed by him and others, her said husband the said James Mitchell, lived during the said War in Warwick in the County of Orange in said State of New York on or near the State line between the States of New York and New Jersey from whence he entered the service under Captain Walton in a Company of Horse men, and that he afterwards was taken Prisoner by some River in said State of New Jersey under Captain Buddie and that he also served under Captain McCamley of said Warwick, and that near the close of the said War he served on a tour of Nine months, with the Nine Months men under Captain Livingston and Colonel Willet along the Hudson and Mohawk Rivers in said State of New York. That he lived on the state line between the States of New York and New Jersey, and served on numerous occasions in the Militia in both of those States. That his brother John Mitchell was with him in a part and portion of the aforesaid service. That his said brother John was with him in the service

under the said Captain Walton, and was taken Prisoner with him under the said Captain Hendlin at Toms River in said state of New Jersey. Said John died a Revolutionary Pensioner of the United States in said County of Chemung.
That in the Month of January in the year 1847, Declar and made an application, and a Declaration under the acts of July 7th. 1838, for her pension which Declaration with her proofs were forwarded on to the Pension Department and to which Declaration she refers for the particulars of her application for the said Pension.
That Declarant now makes this Declaration in order to obtain the sum and amount of Pension money due to her under the said Acts of Congress passed March 3rd. 1843. June 17th. 1844, and February 2d. 1848, in addition to the sum due to her under the said act of July 7th. 1838, which she claims under her said Declaration made in January of 1847 as aforesaid.
Subscribed and sworn to before me on this 11th day of December A.D. 1850. } Lydia J. Mitchell her mark And I certify that the said Lydia Mitchell is now the widow of the said James Mitchell as declared by her
George W. Roberts Justice of Peace
Chemung County } Clerks Office 83
I, Albert A. Babcock Clerk of said County, do certify that George W. Roberts Esq. above named is a Justice of the Peace of said County duly qualified, and that his signature above subscribed is genuine. Witness my hand and Seal of Office the 11th Dec 1850.
A. A. Babcock Clerk

11.093
New York Albany
widow of James Mitchell who died on the of Albany in the State of New York who was in the Campy commanded by Captain Livingston of the Reg commanded by Col Miller in the N. Y. line for 8 Mo. 20 days per Knapp 26 " per Cavalry
Inscribed on the Roll of Albany at the rate of 53 Dollars 89 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 2nd day of May 1837 and sent to Hon J. G. Mungerlandy
Arrears to the 4th of Butcher N.Y.
Revolutionary Claim, Act July 7, 1838.
Recorded By Wightman Clerk, Book Vol. 1, Page 173

8988
New York Albany Lydia Mitchell widow of James who was a { Infantry } { Cavalry } in the Revolution
Inscribed on the Roll at the rate of 33 Dollars 89 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 2 nd day of May 1837 and sent to
Am J. F. Singerland Pittsburgh Pa.
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book 9 Vol. 2 Page 238

13335
Lydia Mitchell
Indian Mts. & James
Act 7 July 38
In before '94 - a 32-

Declaration
In order to obtain the benefits of the provision made by an act of Congress passed July 7, 1838 entitled "An act granting half pay & pensions to certain widows," &c.
State of New York } Chemung County } ss.
On the eighteenth day of January Anno Domini (1847) Eighteen hundred and forty seven personally appeared before me, George W. Miller one of the judges of the Court of Common Pleas in & for said County of Chemung Lydia Mitchell a resident of the Town of Southport in said County aged (70) Seventy six years in April next with being first duly sworn according to law deposes & saith and doth on her oath make the following declaration in order to obtain the benefits of the provision made by an act of Congress passed July 7, 1838 entitled "An act granting half pay & pensions to certain widows," And acts explanatory of & amending the same passed March 3, 1843, & June 17, 1844. That she is the widow of James Mitchell late of the Town of Southport aforesaid in which he departed this life on the 16 th day of February 1832, since which time she has remained his widow.
That she was married to the said James Mitchell in the month of April 1789. That her husband the said James Mitchell was (as Declarant was always informed by him & verily believes true) a soldier of the United States during the War of the Revolution. That during said War of the Revolution her said husband resided in the Town of Warwick in the County of Orange in said State of New York from whence

he entered the service and served in the Militia during the whole or much the greater portion of said War. He entered the service in said Militia in the early part or at the commencement of said War & continued to serve therein until the close thereof. That he served under Captain Buddy for a period of at least six months and while said service was taken prisoner by the British. He served also under Colonel Thomas Thomas. He afterwards served under Captain Wm. Cramly & Colonel Hathorne, on different tours and expeditions. That near the close of said War he served with what was called the New York State Levies for a period of nine months under Captain Livingston and Colonel Willet. He served at the different Posts along the Hudson River and also along the Mohawk River. He served on many different expeditions, numerous occasions, and different tours in pursuit of the Indians and Tories. That previous to serving under Captain Livingston & Colonel Willet he served under Captain Buddy & was taken prisoner as aforesaid. And Declarant further saith that she was married to the said James Mitchell as aforesaid in the month of April Seventeen hundred and Eighty Nine at the residence of her father, Samuel Westbrook, in the Town of Chemung in said County of Chemung by Elijah Buck Esq. of Chemung aforesaid.
That the following persons were present at her marriage, to wit, Samuel & Mary Westbrook, (her father & mother) her brothers, John, Abram, & Benjamin Westbrook, also her sisters Mary & Eleanor, also Elias & Sarah Middah & others.
That previous to her marriage as aforesaid she resided in Wallkill Orange County & said State of New York and Chemung aforesaid and bore the maiden name of Westbrook. Declarant with her said father moved from said County of Orange to Chemung aforesaid

when Declarant was a girl. That her husband said James Mitchell died as aforesaid on the sixteenth day of February Eighteen hundred & thirty two in Southport aforesaid. That since his death she has remained his widow single & unmarried. She further declares that she and her said husband kept a family Record of their children's ages &c. which was torn out of her family Bible & destroyed by Declarants Grand Children, which Record, consequently, cannot now be produced. Declarant & her said husband raised a large family of children. That about eight years ago she applied to Attorney Maxwell of Elmira N.Y. but verily believes the papers were never forwarded on to the Pension Department.
Subscribed and sworn this } Lydia her Mitchell eighteenth day of January } mark A.D. 1847. before me. G. W. Miller, Judge of Chemung County Courts.
I hereby certify that the foregoing Declaration of said Lydia Mitchell was read to her by me & by her declared to be true & correct before execution. And further that she is unable to attend court by reason of the infirmities of age. G. W. Miller, Judge of Chemung County Courts.

State of New York } ss. Chemung County }
Asahel Buck a resident of the Town of Chemung in said County of Chemung of lawful age being duly sworn according to law depo- seth & saith that he is a son of Elijah Buck Esq. deceased who formerly lived in said Town of Chemung in which he died in the month of July in the year 1830. Said Elijah Buck was a Justice of the Peace in the for-said Town of Chemung for a number of years by virtue of which Office he was frequently called upon and joined many persons in marriage. He kept a Register of marriages the ceremony of which was performed by him. This Register Depo- nent has frequently seen & read and kept the same in his possession for a number of years after the death of his said father said Elijah Buck Esq. in 1830 as aforesaid. Said Register was then taken by Deponent to the Office of Thomas Maxwell Esq. in the Village of Elmira in the County of Chemung aforesaid from whence it was taken to the Office of Mr. Gregg Esq. in said Village of Elmira (as said Maxwell informed Deponent & which Depo- nent verily believes true) where it was burnt & destroyed the same being consumed by fire together with the Office of Mr. Gregg Esq. in the Village of Elmira aforesaid. Deponent has frequently heard his said father relate that he married James Mitchel to Lydia Westbrook both of Chemung aforesaid. Deponent has Documents in his possession showing that his said father resided in Chemung aforesaid as early as in April 1789. Deponent has always understood & verily be- lieves that his said father was the first Justice

of the Peace in Chemung aforesaid and performed the Office of such Justice as early as the year Seventeen hundred & Eighty nine as aforesaid, Said Lydia is now the widow of said James Mitchel and re- = sides in the Town of Southport in said County Asahel Buck
Subscribed & sworn this Sixteenth day of January A.D. 1847 before me. William Guthrie Just e of the Peace
I hereby certify that said Asahel Buck the above Deponent is a reputable person & a credible witness. W m Guthrie J. P.

State of New York } ss. Chemung County
Hamilton Lubbs a resident of the Town of Southport in said County aged about Seventy years being duly sworn according to law deponeth & saith that he is well acquainted with Lydia Mitchel who is now the widow of James Mitchell who died in said Town of Southport in the year 1832. Deponent became acquainted with said James & Lydia Mitchell when Deponent was a boy & previous to the marriage of the said James & Lydia. They then lived in the Town of Chemung in said County. They were married as Deponent now calculates at least fifty eight years ago in Chemung aforesaid by Elijah Buck Esq. of that place. Deponent was not present at said marriage & did not witness the marriage ceremony but well knows from common report in the neighborhood at the time said marriage occurred that they were duly married as aforesaid. He further knows this to be the fact from his own personal acquaintance with the said James & Lydia Mitchell both previous to & after their marriage as aforesaid. Deponent himself was married forty six years ago & said James & Lydia were married at least twelve years previous to Deponent. Said Lydia previous to her marriage lived in Chemung aforesaid & bore the maiden name of Westbrook. Said James & Lydia continued to live together as husband & wife until the death of said James as aforesaid. & raised a large family of children, the oldest of whom would be over five & fifty years of age if living. Said James Mitchell was reputed at the time said marriage occurred to have been a soldier of the United States during the War of the Revolution (which as Deponent has always understood to be the case he verily believe true) and to have served nine months under Captain Levingston and Colonel
Champlaine May 22 1861

Willet near or towards the close of said War. Subscribed & sworn this fifteenth day of January A.D. 1847 before me.
Warren Trubby
W. H. Hopkins Justice
I hereby certify that said Hamilton Trubby the above Deposition is a reputable person & a credible witness.
W. H. Hopkins Justice

State of New York ss. Chemung County
Joanna Burt a resident of the Town of Chemung in said County of Chemung aged Ninety years & upwards who being duly sworn according to law deposeth & saith that she is well acquainted with Lydia Mitchell who is now the Widow of James Mitchell deceased & resides in the Town of Southport in said County. Deponent became acquainted with said James & Lydia Mitchell when they were quite young & before they were married. Said Lydia lived previous to her marriage in said Town of Chemung & bore the maiden name of Westbrook. Said James & Lydia were duly married in the presence of deponent by Elijah Buck Esq. in said Town of Chemung in the year Seventeen hundred & Eighty nine. Deponent well remembers the time said marriage occurred. They were married at the residence of said Lydia's father, Samuel Westbrook, in Chemung aforesaid. Deponent recollects the time said marriage occurred from the fact that her daughter Elisabeth was then a little girl of about a year old and her said daughter is now upwards of fifty nine years of age. And from the further fact that said marriage occurred about five years after the close of the War of the Revolution. Said James & Lydia continued to live together as husband & wife until the death of said James which occurred about fifteen years ago. Said James was reputed at the time said marriage occurred to have been a soldier of the United States during the War of the Revolution, which fact deponent has always understood to be the case & verily believes true, and to have served nine months under Captain Livingston and Colonel Willet. Subscribed and sworn to this her  Joanna Burt mark eighteenth day of January A.D. 1847 before me. And I certify that said Joanna Burt is a credible witness Note In the presence of deponent & interlined before execution. H. W. Miller, Judge of Chemung County Courts.

I further certify that Joanna Burt the above deponent has  not  been  advised  of  her  rights  and  the  consequences  of  waiving  them  and  that  she  understands  what  she  is  doing  no blindness & further that the foregoing affidavit was read to her and by her declared to be true & correct before execution.
G. W. Miller, Judge of the county courts.

State of New York } Chemung County } ss.
Asahel Burnham a resident of the Town of Chemung in said County of Chemung aged Sixty six years being duly sworn according to law deposes & Deaith that he is well acquainted with Lydia Mitchel who is now the widow of James Mitch- el who died in Southport in said County in the year 1832. Deponent moved with his father from Wyalusing in the State of Penn- sylvania into the Town of Chemung afore- said when Deponent was seven years of age or in the year Seventeen hundred and Eighty eight. Deponent shortly after his arrival in said place became acquainted with said James & Lydia Mitchel who then resided in Chemung aforesaid. It was then and there currently reported and believed that said Lydia and James were duly married by Elijah Buck Esq. who was then a Justice of the Peace in & for said Town of Chemung. It was also then & there currently believed & reported that said James Mitchel had been a sol- dier during the War of the Revolution. Said James & Lydia continued to live together as husband and wife until the death of said James as afore- said and raised a large family of children the oldest of whom (as Deponent calculates from his own age) would be if living more than fifty five years of age. Said James was repre- sented to have served nine months under Colonel Willet.
Subscribed & sworn this eighteenth day of January A.D. 1847 before me. And I certify that the above Deponent Asahel Burnham is a credible witness.
Asahel Burnham
G.W. Miller, Judge of Chemung County Courts.

State of New York } Chemung County } So.
Solomon L. Smith a resident of the Town of Southport in said County aged nearly seventy years being duly sworn according to law deposeth & saith that he is well acquainted with Lydia Mitchell of said Town of Southport who is now the widow of James Mitchel who died in the year 1833. In the year Seventeen hundred & Ninety two Deponent came to live in Chemung aforesaid. Deponent then and there became acquainted with said James & Lydia who then resided in said place. They were reputed tho' to be husband & wife and to have been duly mar- ried by Elijah Buck Esq. of Chemung aforesaid. They continued to live together as husband & wife until the death of said James as aforesaid and raised a large family of children, the oldest of whom if living would be more than fifty five. Said James Mitchel was reputed at the time & ever afterwards to have been a soldier during the War of the Revolution, Having served against the British & Indians under Captain Livingston & Colonel Millet, Captain Huddie, in the Militia under various officer officers at different times during said War. Subscribed & sworn this
fifteenth day of January } Solomon L. Smith A.D. 1847, before me, } M. R. Hopkins Justice
I hereby certify that the above Deponent Solomon L. Smith is a respectable person & a credible witness, } M. R. Hopkins Justice

State of New York } ss Chemung County }
Caleb Baker a resident of the Town of Southport in said County aged Eighty One years & upwards being duly sworn according to law deposeth & saith that he is well acquainted with Lydia Mitchell who now resides in said Town & is the widow of James Mitchell who died in said Town a number of years ago. Deponent came to live in said place in Chemung aforesaid in the year Seventeen hundred & Eighty Seven and shortly thereafter became acquainted with said James & Lydia who then resided in said place. Said James & Lydia were duly married as Deponent verily believes in Chemung aforesaid the report of which Deponent well remembers at the time of its occurrence. Deponent continued to be intimately acquainted with said James & Lydia from the time of his first acquaintance with them and from the time of their marriage as aforesaid up to the time of the death of said James as aforesaid during which time they continued together as husband and wife & raised a large family of children the oldest of whom if living would be if living between fifty five & sixty years of age. Said Lydia lived previous to her marriage to said James as aforesaid in Chemung aforesaid & bore the maiden name of Westbrook. Said James was reported at the time said marriage occurred & ever afterwards to have been a soldier during the War of the Revolution. Subscribed & sworn this nineteenth day of January A.D. 1847 before me. And I certify that said Caleb Baker is a credible witness.
Caleb Baker
S. W. Miller, Judge of Chemung County Courts.

State of New York } ss. Chenango County }
John Fitzsimmons a resident of the Town of Southport in said County of Chenango aged eighty five years upwards being duly sworn according to law deposeth & saith that he is well acquainted with Lydia Mitchell who is now the widow of James Mitchell who died in the year 1832, in said Town of Southport in which said Lydia now resides. Deponent moved into said Town of Southport from the State of Pennsylvania in the year 1790 Seventeen hundred & Ninety. Shortly after Depo- =nent moved into the present Town of Southport he became acquainted with said James & Lydia Mitchell, to wit, in the year Seventeen hundred & Ninety aforesaid. It was then & there currently reported & believed that said James & Lydia Mitch- =ell had been duly married by Elijah Buck Esq., who was then a Justice of the Peace in & for the Town of Chenango in said County. Said James & Lydia then also lived in Chenango aforesaid. Deponent has lived within three miles from said James & Lydia from said year of 1790 until the present time or till the death of said James as aforesaid. They were then living together as husband & wife & continued so to do until the death of said James as aforesaid. I raised a large family of children the oldest of whom if living would be between fifty five and sixty years of age. Said James was reported to have been a soldier in the War of the Revolution. John Fitzsimmons Subscribed & sworn this nineteenth day of January A.D. 1847 before me.
G. W. Miller, Judge of Chenango County Courts.

I hereby certify that the Deponent John Litskin- -son is a reputable person & a credible witness. G. W. Miller, Judge of Chemung County Courts.

State of New York } ss. Chenango County
Abagail Still a resident of the Town of Southport in said County of Chenango aged sixty seven years being duly sworn according to Law deposeth & saith that she is well acquainted with Lydia Mitch- ell who is now the widow of James Mitchell who died in Southport aforesaid in the year 1832. Deponent with her father moved into the Town of Chenango in said County of Chenango fifty seven years ago in March next. Deponent then & there became acquainted with said Lydia & James Mitchell who then resided in said Place, to wit, Chenango aforesaid. It was then and there currently reported & believed that said James had been duly married to said Lydia by Elijah Buck Esq. who was then a Justice of the Peace in & for Chenango aforesaid. Deponent has continued to be acquainted with said Lydia from the time of her first acquaintance as aforesaid until the present time with James Mitchell the husband of said Lydia until the time of his death as aforesaid. Said James & Lydia continued to live together as husband & wife from the time of their marriage as aforesaid & for a period of at least fifty seven  forty three years up to the time of the death of said James as aforesaid & up to the time of the death of said James as aforesaid & raised a large family of children the oldest of whom if living would be between fifty five & sixty years of age. Said James was reputed to have been a soldier during the War of the Revolution serving at one time nine months Subscribed & sworn this } Abagail her Still nineteenth day of January } marks A.D. 1847 before me
Note, Interlineation made between 5 th & 6 th line from bottom before execution.
H. W. Miller, Judge of Chenango County Courts.

I hereby certify that the Deponent said Abigail Stull is a reputable person & a credible witness and that the foregoing affidavit was read to her by me & by her declared to be true & correct before ex- ecution I further certify that she does not write her name & is compelled to make her mark owing to bodily infirmities. G. W. Miller, Judge of Chaminy County Courts.

State of New York } ss. Chemung County.
Jacob Miller a resident of the town of Southport in said county of Chemung aged seventy years being duly sworn according to law deposes & saith that he is well acquainted with Lydia Mitch- ell who is now the widow of James Mitchell who died in said town of Southport in the year 1832. Deponent moved into said place in said county in the year seventeen hundred and Ninety when he became acquainted with said James & Lydia who then resided in said place. It was then the general report in the neighborhood in said place that said James & Lydia Mitchell had been duly mar- ried in Chemung  by Elijah Buck Esq. of that place who was then a justice of the peace. This re- port deponent verily believes true it being current through the country. Deponent continued to be intimately acquainted with said James & Lydia from said year seventeen hundred & Ninety up to the time of the death of said James as aforesaid during which time said James & Lydia continued to live together as husband & wife & raised a large family of children the oldest of whom if living would be between fifty five & sixty years of age and James was reputed at the time & ever afterwards to have served in the War of the Revolution under Captain Livingston & Colonel Millet, Subscribed & sworn this nineteenth day of January A.D. 1847. And I certify that the above Deponent Jacob Miller is a reputable person & a credible witness.
Jacob Miller
G. W. Miller, Judge of Chemung County Courts.

State of New York } ss. Chemung County }
Remained in Chemung County 40 years ago
David Griswold a resident of the Town of Southport in said County of Chemung aged eighty five years In pursuance being duly sworn according to law deposeth & saith that he is well acquainted with Lydia Mitchell who is now the widow of James Mitchell who died in the year 1832 in said Town of Southport in which said Lydia now re- sides. Deponent moved into Chemung in said Coun- ty nearly sixty years ago and shortly thereafter became acquainted with said James & Lydia Mitch- ell who then resided in Chemung aforesaid. It was then & there currently reported & believed that said James & Lydia had been duly married by Elijah Buck Esq. of Chemung aforesaid. Said James & Lydia then resided in Chemung aforesaid. Depo- nent has resided within three miles of said James & Lydia for a period of fifty seven or eight years from which time they continued to live together as husband & wife (I raised a large family of children the oldest of whom would be if living more than fifty five years of age) until the death of said James as aforesaid in 1832. Said James was reputed to have been a soldier in the War of the Revolu- tion under Colonel Willet & others.
Subscribed & sworn this nineteenth day of January A.D. 1847 before me. And
David Griswold
I certify that said David Griswold is a respectable per- son & a credible witness
G. W. Miller, Judge of Chemung County Courts.

State of New York } ss Chenango County } A
I Green M Tuthill Clerk of the County of Chenango aforesaid & also Clerk of the Court of Common Pleas in & for said County do hereby certify that George W. Miller Esq. before whom the annexed Declaration of Lydia Mitchell and also the annexed affidavits of Joanna Burt, Asahel Burtaham, Caleb Baker, John Fitzsimmons, Abigail Stull, Jacob Miller, and the foregoing affida- vit of David Griswold purport to have been sworn & executed was at the time said Declaration & affidavits bear date one of the Judges of the Court of Common Pleas in & for the County of Chenango aforesaid duly commissioned, qualified, & authorized to act as such Judge, and also that William Guthrie before whom the annexed affidavit of Asahel Buck purports to have been sworn & executed, and also that Warren K. Hopkins before whom the annexed affidavits of Hamilton Tubbs, and Solomon L. Shanick purport to have been sworn & executed were on the days on which said affidavits bear date acting Justices of the Peace in & for said County duly elected, qualified & authorized to act as such Just- ices. And further that I am well acquainted with the hand-writing of said Judge & Justices of the Peace and verily believe their respective signatures to the Jurats & Certificates of said Declaration and affi- davits are genuine and in their own proper hand writing.
In testimony whereof I have hereunto subscribed my name and affixed my official seal This nineteenth day of January Anno Domini Eighteen hundred & forty seven.
Green M Tuthill Clerk

State of New York } ss. City & County of Albany }
On this 27 th day of February 1847 personally appeared before the subscriber John Myers a resident of the Town of Brunswick in the County of Rensselaer in said State aged 84 years who being duly sworn according to law deposes & saith that he was a soldier of the United States during the War of the Revolution and is now a Revolutionary Pensioner. That in the year 1782 Deponent served in the Company of Captain Henry in the Regiment commanded by Colonel Willet and also in the Company of Capt. Learee in said Regiment. That while in said service in said Regiment Deponent became and was well acquainted with James Mitchell who served for a period of nine months in said year of 1782 in the Company of Captain Abram Levingston in said Regiment of Colonel Willet. Said James Mitchell served also in the Regiment of Colonel Hathorn. Said James lived during said War in Warwick in the County of Orange in said State from whence he entered said service & served as aforesaid. After the close of said War said James went to live in Chemung in said State where as Deponent was informed & verily believes the said James married a Lydia Westbrook of Chemung aforesaid very soon after the close of said War. Deponent has further been informed that the said James died a number of years ago in Chemung aforesaid & left the said Lydia his wife a widow who now resides in Chemung aforesaid & is the widow of the said James Mitchell. Deponent & said James served together in said Regiment of Colonel Willet. Deponent has also seen said James since his marriage to said Lydia. Subscribed & sworn this 27 th day of February A.D. 1847 before me.
M. Sabin
Comr of Dist of the City of Albany
John Myers his mark

Thereby certify that the above John named John Myers who made the foregoing affidavit is a reputable person and a credible witness & that he is incapable of writing his name by reason of the illness of his hand.
State of New-York, } ss. CITY AND COUNTY OF ALBANY, CLERK'S OFFICE.
I, LAWRENCE VAN DEUSEN, Clerk of the said City and County, do hereby CERTIFY, that Chauncy B. Salton whose name is subscribed to the Certificate of Proof or Acknowledgment of the annexed instrument in writing and endorsed thereon, was at the time of taking such proof or acknowledgment, a Commissioner of Clerk in and for the County afore- said, dwelling in the said County, and duly authorized to take the same: And that I am well acquainted with the hand writing of the said Chauncy B. Salton and verily believe that the signature to the said Certificate of Proof or Acknowledgment is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal, this third day of March 1847. L Van Deusen Clerk.

Thereby certify that the above for named John Myers who made the foregoing affidavit is a reputable person and a credible witness & that he is incapable of writing his name by reason of the infirmities of age & blindness & that the foregoing affidavit or deposition was read to him by me & by him declared to be true & correct before execution.
W. Sabin Andford for the City of Albany

State of New York Herkimer County } ss
1 Baron Buck a resident of the Town of Norway in said County of Herkimer aged Eighty six years & upwards being duly sworn according to law deposes & saith that he was a soldier of the United States during the War of the Revolution & served under Colonel Warner Colonel Ganserfort & various other officers. Deponent served also in Scouting &c, under various & different Officers & on numerous occasions during said War. That during said War he was well acquainted with James Mitchell who lived for at least a part or portion of said War in the Town of Warwick in the County of Orange in said State & served also on numerous occasions during said War in the Militia. Said James Mitchell served also on a tour of nine months in the company of Captain Livingston in the Regiment commanded by Colonel Willet. Deponent did not serve in the same company & Regiment with the said James Mitchell but saw the said James when on duty and while in service in said Company commanded by Captain Livingston as aforesaid. Deponent frequently saw the said James in service in the Militia out on scouts &c, previous to the aforesaid nine months service rendered by the said James under Captain Livingston as aforesaid which was rendered towards the close of said War. Said James Mitchell went to live in Chemung in said State very soon or immediately after the close of said War where as Deponent has been informed & verily believes the said James married a young Lady who resided there in Chemung aforesaid and at which place Deponent has since been informed the said James died a number of years ago leaving his wife a widow with a family of children. Deponent served also in the United States Land Service in said War. Deponent has seen & conversed with said James Mitchell since his marriage to said Lydia as aforesaid.

Subscribed & sworn this third day of February A.D. 1847 before me And I certify that Aaron Buck the above Deponent is a credible witness and a reputable person Henry Tillinghast Justice of the Peace
Aaron Buck
State of New York Herkimer County } S.S. Clerk's Office }
J Mandell Barry Clerk
of said County of Herkimer & also clerk of the Court of Common Pleas in & for said County do hereby certify that Henry Tillinghast Esq. before whom the foregoing affidavit purports to have been sworn & executed was at the time said affidavit bears date an acting justice of the Peace in & for said County duly elected & qualified & authorized by law to take the same. And further that I am well ac- quainted with the hand-writing of said Justice & verily believe the signature to the jurat & Certificate of said af- fidavit purporting to be his is genuine & in his own proper hand.
In testimony whereof I have here- unto subscribed my name & affixed my Official Seal this Nineth day of March Anno Domini 1847.
J Mandell Barry Clerk

In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz :
25 th July 1779. 10 th June " " 31 st Dec r 1782
James Mitchell " " " "
  Point  Sum  9  7    "  "  16  8    "  "  19  16 5     21  02  8     4 2       15.50       3       57.83       28.91    
STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, 3 rd March 1847.
I certify that the above to be true extracts from Book No. 1 2 & 5 in my office, and that the service for which the certificates above named were issued, were performed by the following officers, viz :
  First—under Capt. David Mc Gandy in Col. John Watson Reg't.   Second " " " " " " " " "   Third " " Wm Livingston " " Marius Miller "   Fourth " " " " "   Fifth " " " " "   Sixth " " " " "   Seventh " " " " "   Eighth " " " " "   Ninth " " " " "   Tenth " " " " "   Eleventh " " " " "   Twelfth " " " " " 
Philip Hays Dep. Compt t

Aug 28/48
Adney
James Wilson
for J. Jenkins M.C.
Dr. J. L. Edwards
Washington D. C.
Dear J. Jenkins

K
13335
Lydia Mitchell N.Y.
Letter to T. G. Stringland May 13. 1847.
Letter to T. G. Stringland Nov 11. 1847
let. to same June 6. 48
let. to Hon. G. A. Clarke August 16. 48
to T. G. Stringland 18 July 1850

13.335
Sydia Mitchell
N.Y.
widow of James
Set Hon. S. S. Hlingerland July 27/50
Act 7 July 1838.

Reg WIDOW, &c.
File No. 23976
Lydia Mitchell Widow of James Mitchell Rev Rev War
Act Feb 2nd 1848
Index : Vol M Page 62
[Arrangement of 1870.]

House of Representatives Washington Dec 26 th 1850
Hon J. E. Heath Commit of Pensions
Sir
Enclosed herewith I send you the declaration of Mrs Lydia Mitchell widow of James for a pension under the Acts of July 7 th 1838 March 3 rd 1843 June 17 th 1844 and February 2 nd 1848 I remain Very Respectful Your Obedt Servt Hiram Walden
Hon J. E. Heath Commit of Pensions

John Mitchell adm r of James Mitchell dec d
of Troya NY now Chemung Co NY
Claim for Pension in behalf of dec d as a soldier of the Revolution
Under act March 18. 1818
Thos Maxwell Atty Elmira NY

State of New York Chemung County ss
At a County Court held at Elmira in & for the County of Chemung on the 15 day of July 1856
Present.
Hon Theodore North County Judge
On the 15 th day of July A D 1856 personally ap- peared in open court John Mitchell surviving administrator of the Goods Chattels and credits of James Mitchell late of Southport in said County of Chemung formerly Tioga County deceased who being duly sworn according to law declares that according to his belief and information derived from various sources the said James Mitchell was a soldier in the war of the Revolution for more than twelve months in a Company of Cavalry in the State of New Jersey commanded by Capt Huddy, who while a prisoner in the City of New York in the hands of the Enemy was hung by the British: the said James Mitchell being at the time a prisoner with his said Captain. That the said James Mitchell also served as a private in a Company of Infantry commanded by Capt M c Camley: who the deponent believes belonged in Orange County NY.
The proofs of the service of the said James Mitchell will be found with the papers on file in the Pension Office at Washington accompanying the application of his widow Lydia Mitchell under the act of February 2 d 1848, under which application the said Lydia Mitchell received a pension Certificate N o 5647 dated May 2 d 1851 placing her on the Pension List of the Albany NY Agency at $53.89 per annum as the widow of said "James Mitchell who was a private of Infantry & Cavalry in the Revolutionary war": and to which proofs he refers.
That the said James Mitchell died at Southport in the said County of Chemung Tioga now about on the tenth day of February 1831 leaving surviving him his widow the said Lydia Mitchell who is yet living and a pensioner as above stated in virtue of her said husband's services.

and that his children & heirs at law who survive him & who are all of age & the only heirs at law, are the following persons to wit:
John Mitchell, of Erin Chemung County NY.
Mary, widow of Stephen Tyler dec d , Roseville Tioga County Penn a
William Mitchell, of Southport Chemung County NY
Jacob W. Mitchell, of the same place
Hela, widow of John Black dec d of the same place
Eleanor, wife of George Cooper of the same place, and
Adaline, wife of Richard Brewer of Bureau County Illinois.
That deponent is informed & believes that the said James Mitchell was entitled at the time of his death, to a pension under the act of March 18. 1818 or some other act of Congress and that his heirs at law are now entitled to the amount of his claim: and that this application is made by the administrator aforesaid for the amount of said claim to be distributed among the heirs aforesaid agreeable to the acts of Congress in such cases made & provided.
Sworn in open Court The 15 day of July 1856 N. G. Lowe Sp. Clk.
The declarant further says that when he was appointed Adm r of the dec d the town of Southport was in the then County of Tioga but is now in the County of Chemung & has been since 1836 -
Chemung Co.
John Mitchell
On the day & year aforesaid personally appeared before the Court aforesaid Abner Wells of Southport in the County aforesaid aged fifty four years who being duly sworn according to law declares that he was well acquainted with James Mitchell deceased late of Southport in said County deceased: that the said James Mitchell died at at about the time stated in the foregoing declaration: that his widow Lydia Mitchell still survives and is a pensioner of the United States in virtue of her husband's services in the war of the Revolution: that the said

James Mitchell dec d and the said Lydia Mitchell lived together as husband & wife & were so considered in the neighborhood & the deponent having been long well acquainted with them both, never heard their marriage disputed or questioned, nor the legitimacy of their children disputed or questioned. The deponent having always resided in their immediate vicinity from his infancy, knows the names of the children of the said James & Lydia as above enumerated, to be correct & they are the only surviving heirs of the said James Mitchell dec d & that they are all of lawful age. That the said James Mitchell was reputed in the neighborhood to have been a soldier of the Revolution, and the deponent believes him to have been such, from the general reputation in the community & from facts within his own knowledge -
Sworn in open court this 15 th day of July 1856 before me
Abner Mills
U. S. Lowe Sp. Clerk Chemung Co. N.Y.
The said John Mitchell being further sworn testified, and says that John L. Webb one of the administrators of the said James Mitchell dec d died several years since and that Grant Stephens the other surviving administrator is disqualified for business: their appointment as adm rs will appear by the copy of the letters of administration certified by the Surrogate of Tioga County hereto annexed.
Sworn in open court July 15. 1856. U. S. Lowe Sp. Clk. Chemung Co.
John Mitchell
J Richard Barker Clerk of the County

1 Court of Chemung County Ny do hereby certify that the foregoing are the original proceedings of the said Court in the matter of the application of John Mitchell adm. of the estate of Anne Mitchell dec d claiming Pension money the dec d in behalf of her heirs at law. In Witness whereof I have affixed the Seal of the said Court which is also the Seal of the said County of Chemung this 22 nd day of July 1856
H. J. Lowe Ex. Clerk Chemung Co. N.Y.

1. The People of the State of New-York, by the Grace of God, free and Independent: To John L Webb, John Mitchell and Grant Stephens administrators of James Mitchell deceased; send Greeting:
Whereas, due proof having been made before William Maxwell, Surrogate of our County of Tioga, to his satisfaction, that James Mitchell, late of the town of Southport, in the said County of Tioga is dead, and, as is alleged lately died intestate, having whilst living and at the time of his death, goods, chattels and credits within this State, by means whereof, the ordering and granting administration of all and singular the said goods, chattels and credits, and also the auditing, allowing and final discharging the accounts thereof doth appertain unto us. - And we being desirous that the goods, chattels and credits of the deceased may be well and faithfully administered, applied and disposed of, do grant unto you the said John L. Webb, John Mitchell, and Grant Stephens full power by these presents, to administer faithfully to dispose of all & singular the said goods, chattels and credits, to ask, demand recover and receive the debts which unto the said deceased whilst living and at the time of his death did belong, and to pay the debts which the said deceased did owe, so far as such goods, chattels and credits will thereto extend, and the law require: Hereby requiring you to make, or cause to be made, a true and perfect inventory of all & singular 2. 3.

the goods, chattels and credits of said deceased, which have or shall come to your knowledge or possession, and the same so made, to exhibit, or cause to be exhibited into the Office of the Surrogate of the said 4. County of Tioga at or before the expiration of three calendar months from the date hereof; and also to make and render a just and true account of administration, when thereunto required:- And we do by these presents depule, constitute and appoint you the said John L. Webb, John Mitchell and Grant Stephens Administrators of all and singular the goods, chattels and credits, which were of the said James Mitchell, deceased.
In testimony whereof we have caused the seal of Office of our said Surrogate to be hereunto affixed. Witness William Maxwell, Surrogate of our said County of Tioga at Elmira, this twenty second day of February in the year of our Lord one thousand eight hundred and thirty one.
W. Maxwell, Surrogate
Recorded Feb. 22 d 1831.
State of New York } County of Tioga - } ss. I, Stephen Strong Downey Judge and Surrogate of the County of Tioga do hereby certify, that the foregoing is a true copy of the

original record, as the same appears recorded in the office of the Surrogate of said County, and a correct transcript therefrom, and of the whole of such original; and that I have compared the same with the original.
In witness whereof I have hereunto affixed the seal of Office of the said Surrogate
At Ovidgo, in the said County of Tioga this 12 th day of July A.D. 1856.
Stephen Strong, Co Judge & Surrogate of Tioga County
4 fol .. 24 cts Certificate 50 Fees — 74 cts

To Hon. J. L. Edwards Commissioner of Pensions Washington D.C.
Sir: The following is an extract from your report in the case of Lydia Mitchell, widow of James Mitchell, under date of July 27th. 1859.
"The claim will be allowed for eight months twenty days as a Private of Infantry, and six months as a Private of Cavalry.
Before a Certificate of Pension can be issued, she should make a Declaration under Act February 2d. 1848, or if she be deceased, the date thereof; and the names of the Children surviving her should be pro- -duced in Open Court, & the testimony with the Certifi- -cates of the Court should be transmitted to this office."
Mrs. Mitchell is now living and herewith en- =closed you will find a Declaration by her made claiming under the act of February 2d. 1848 together with the acts of July 7th 1838, March 3. 1843. & June 17th 1844.
The widow is aged and infirm and desires that the Pension Certificate may be issued in her favor as soon as practicable.

Hon J. L. Edwards Washington

Washington August 5 th 1848
Hon J. L. Edwards
Sir - I enclose your paper in the case of Lydia Mitchell An early reply will oblige
Your obt serv t
Geo. H. Washington

Barnerville N.Y. January 17, 1848.
Sir,
In the case of Lydia Mitchell, widow of James Mitchell, under the act of 1838 &c, I have obtained a Certificate from the Comptroller of this State, showing that Ebenezer Benjamin served, as he stated in his deposition, two seasons in the Regiment of Col. Willet with the Levies. This Certificate shows that in 1781, said Benjamin served in Capt. Gray's Comp. and in 1782, in Capt. Harrison's Company of Willets Regiment. Benjamin and Mitchell having therefore, served together in the same Regiment in 1782, and Mitchell having friends and relatives who in time of the War lived near neighbors to Benjamin in Columbia Co. N.Y. then a part of Albany Co.; and whom Mitchell was in the habit of visiting, then, and before this service was rendered, must remove all doubt of Benjamins being in a situation to have a personal knowledge of the services of said Mitchell. Benjamin became acquainted with said Mitchell before this nine months service was rendered, as he saw him when visiting his friends in Columbia Co. in time of the War. He was therefore well acquainted with him while they were serving the nine months in Willets Regiment, and also after the War. This Mitchell as he states was originally from Warwick in Orange Co. and moved to Chemung N.Y. where he married Lydia Westbrook. He was a Blacksmith by trade.
I have also obtained a Certificate from the Comptroller

showing that Timothy Wood in 1779, served in Van Densen's Company in Col. Hathorn's Regt. Wood states that for a portion of the War of the Revolution he lived in Cornwall in Orange Co., and not many miles from Warwick where Mitchell's parents then resided. From which facts it appears that Wood was in a situa- -tion to have a knowledge of Mitchell's servi- -ces, as they both belonged to Hathorn's Reg- -iment in 1779, Col. Hathorn having com- -mand of a Regiment of Orange Co. Militia. Wood lived near Mitchell in 1779, and served in the same Regiment with him and was there- -fore in a situation to have a personal knowl- -edge of his services at that time. Wood after- -wards lived in Fishkill and Poughkeepsie N.Y.
I have also obtained through J. L. Sawyer Esq of this Town (Cobleskill) an additional affidavit of John Myers a Revolutionary Pensioner who in 1782 served also in Col. Willets Regt. and who was also well acquainted with James Mitchell. They served together in the same Regiment, under Col. Willets. He well knew that Mitchell was originally from Warwick in Orange Co. and that after the close of the War he went to live in Chemung N.Y. where he married Lydia Westbrook. In short from his own personal knowledge he knows James Mitch- -ell who was the husband of said Lydia, his widow now still living in Chemung, to be the identical man who rendered the nine months service in 1782, in the Regt. of Col. Willets. More than this Mitchell was recognised by his neighbors

by his neighbors where he lived and died in Channing to have been a soldier of the U. S. in the War of the Revolution, some of whom had heard him relate that he had served nine months under Col. Millet The "Indian Killer" as they call him, and as Mitchell was accustomed to term him, when relating his War stories to them.
In view of all these facts there can be no doubt but that James Mitchell, the husband of Lydia Mitchell, of Channing Co., N.Y. was the identical person who rendered the service under Col. Hathorn and Col. Millet in the War of the Revolution, and the man from Warwick, who spent some of his time in Columbia Co. with his relatives.
I have the honor to remain, Very Respectfully Your Ob't. Serv't. T. S. Hlingerland Barnerville Schoharie Co., N. Y.
Hon. J. S. Edwards Comm'r of Pensions. Washington

Elmira NY
22 d June 1855
Com d of Pensions
Sir
I enclose the declaration of Lydia Mitchell, widow of James Mitchell, a revo- lutionary soldier - Her self a Revolutionary pensioner claiming bounty land under act of March 3 1855
Yours &c
McKaskle

John Mitchell adm of James Mitchell dec d claim for Rev. services.

Elmira Ny July 22 1886
Sir
I enclose the claim of John Mitchell adm d of James Mitchell dec d for Pension under act of March 1818. for Rev d . services
Yrs &c
M c Calla & Wells
Com d Pension

State of New York Schuylkill County - S.S.
I John Myers of the town of Brunswick in the County of Schuylkill, in the State of New York, aged eighty five years, being duly sworn according to Law, do testify and say that I have made a previous affidavit in support of the claim of Lydia Mitchell, Widow of Darius Mitchell, of Chemung County, New York, for a Pension. Her Maiden name was Lydia Westbrooks, and said Darius Mitchell was her husband. To each other shortly after the close of the War of the Revolution. And stated that I knew said Darius Mitchell, in said War of the Revolution, and that he served nine months, in the year 1782 in the Company of Captain Abraham Livingston, in the Regiment of Colonel Mifflin with the New York State Line, or nine months more. There were all part, as stated by me in my former deposition - our Regiment was somewhat scattered about, scouting and moving from place to place. And our Company often met, I knew Captain Livingston well, in said War, as well as Darius Mitchell, and saw them both at different times and being well acquainted. With said Darius Mitchell when in service as aforesaid, in said War, and continuing to be acquainted with him after said War. I now know him to be the identical person who served in Captain Livingston's Company as aforesaid, and who was the husband of afterwards of the said Lydia Westbrooks. I am not mistaken in the man, He is the very person, as I knew him well.
Subscribed and sworn to the 4 th day of December 1847. before me - Frederick L. Lloyds Justice of the Peace
John Myers mark

I. Hereby Certify that the above DepONENT, John Myers does not write His name but makes His mark and that the facts contained in the foregoing deposition by Him subscribed were communicated to Me without the aiding or assistance of any one —
And I. (Certify) that I am now acquainted with the Old Pensioner, said John Myers, from Herk Co. N.Y. He has Resided in said County of Schoharie. and is present now at My office in said County of Schoharie. and I Certify that full confidence can be placed in His Testimony. He is an Old Revolutionary Soldier etc.
Jacob L. Sawyer Justice of the Peace State of New York Schoharie County ss. Clerk's Office
Stephen Maham Clerk of the aforesaid County, do, hereby certify, that Jacob L. Sawyer Esq. before whom the foregoing affidavit purports to have been sworn and executed was at the date of said affidavit, an acting Justice of the Peace in and for said County, duly elected and qualified, and authorised by law to take the same. And further that his signature to the Jurat and Certificate of said affidavit is genuine.
In testi- mony whereof I have hereunto set my hand and affixed the seal of the said County this 14 th day of January A.D. 1848.
Stephen Maham Clerk

Barnerville
October 9 th 1847,
Dear Sir: I herewith enclose you two affidavits of respectable Pensioners & witnesses in the case of Lydia Mitchell widow of James, under the act of 1838. You have now numerous affidavits of the most respectable persons & citizens in support of this claim. Mitchell was ac- =knowledged by his neighbours, generally to have been a soldier in the War of the Revolution. And you have now the affi- =davits of four of his fellow soldiers show- ing that he did the service as stated by his widow. He served in Hathorns Regt, & also in Willets as the evidence now before the Department will show.
I am Very Respect, Your Obt. Servt, L. A. Hlingerland Barnerville Schoharie Co. N. Y.
Hon J. L. Edwards Commr. Pensions Washington

State of New York Oneida County
I Ebenezer Benjamin a resident of the Town of Westmoreland in said County aged 83 years being duly sworn according to Law depose & say that I am now a Revolutionary Pensioner of the United States. That during the War of the Revolution I served in the Companies of Captains Gray & Davison for two seasons and in the Regiment of Colonel Willet with the nine months men as they were called. I served at Saratoga, at Schoharie and along the Hudson and Mohawk Rivers. I believe this service was rendered in the years of 1781 and 1782. That while in said service I was well acquainted with James Mitchell who served with said nine months men in the Company of Captain Livingston in said Regiment of Colonel Willet during the last season I served in said Regiment. Said James Mitchell served in said Company of Captain Livingston nine months. He then lived in, or made it his home in Warwick, Orange County N.Y. where most of his friends then lived. He also had friends living in Columbia County, then a part of Albany County N.Y. whom he frequently visited in said War & from whence as I believe he entered Captain Livingston's Company. After the close of said War said James moved to Chemung where he married Lydia Westbrook who was also formerly or previous to her marriage to said James also from Orange County aforesaid. Said James was a blacksmith by trade and as I have been informed died a number of years ago in Chemung N.Y. aforesaid & left said Lydia his wife a widow with a family of children. And further I say not.
Subscribed & sworn before me } Ebenezer his Benjamin This 22 nd day of September A.D. } mark 1847.
Euphroditus Day Justice of the Peace

I hereby certify that Obeneser Benjamin the foregoing Deponent is a highly reputable person & a credible witness & that he is unable to write his name owing to blindness & further that the foregoing Deposition by him subscribed was read to him by me & by him declared to be true & correct before execution.
Epaphroditus Day Justice of the Peace
State of New York Oneida County } ss. Clerks Office
I Patrick Mahon Clerk of said County do hereby certify that Epaphroditus Day Esq. before whom the within affidavit purports to have been sworn & executed was at the time and on the day said affidavit bears date an acting Justice of the Peace in & for said County duly elected & qualified and authorised by law to take the same. And further that I am well acquainted with the hand-writing of said Justice & verily believe his signature to the Jurat & Certificate of said affidavit to be genuine.
In testimony whereof I have hereunto subscribed my name & affixed my Of- ficial Seal this 23 rd day of September A.D. 1847.
Patrick Mahon Clerk for James Edgar Dep. Clk

State of New York County of Putnam } ss
I Timothy Wood being duly sworn according to law deposed & say that I now reside in the Town of Philipstown in said County of Putnam & am a Revolutionary Pen- sioner of the United States. That for a portion or part of said War of the Revolution I lived in the Town of Cornwall in the County of Orange & served in the Militia of said County of Orange under Captain Van Deusen & Colonel Hathorn. I served also in other service and under different Offi- cers in said War among whom were Captain Delevan & Colonel Malcom, Captain Ostrander & Col. Johnson & others. That in the Regiment of said Colonel Hathorn was a Company of men com- manded by Captain McBurney. Said Regiment of Colonel Hathorn was a Militia Regiment be- longing to Orange County aforesaid. That I was well acquainted with James Mitchell who lived in said War in Warwick in said County of Orange and belonged to & served in said Com- pany of Captain McBurney on numerous occasions. Said James also served for a period of nine months in the latter part of said War with the Series in the Company of Captain Livingston & Regiment of Colonel Willet. He went from Warwick aforesaid a few miles from my place of residence to Columbia County where he entered said Company of Captain Livingston. Soon after the close of said War said James went to live in Chemung N.Y. where he mar- ried Lydia Westbrook who was also from said County of Orange, and where he worked at the Blacksmith Trade. He died a number of years ago as I have been informed & left said Lydia his wife a widow and a family of children. And further I say not.
Subscribed & sworn before me This Third day of August A.D. 1847. And I certify that said Timothy Wood is a credible witness.
Thomas Davenport Justice of the peace
Timothy Wood

State of New York, }
ss.
Putnam County. }
I REUBEN D. BARNUM, Clerk of the county of Putnam, do hereby certify that Thomas Davenport whose name is subscribed to the certificate of the proof or acknowledgement of the annexed instrument and thereon written, was at the time of taking such proof or acknowledgement in and for the county aforesaid, dwelling in the said county, commissioned and sworn and duly authorised to take the same. And further that I am well acquainted with the hand writing of such  Marlin and verily believe that the signature to the said Certificate of proof or acknowledgement is genuine.
In testimony whereof, I have hereunto set my Hand and affixed the Seal of the said County, the eleventh day of August A. D, 18 47
R. D. Barnum Clerk.
Original

Barnerville April 19/47
Sir: I herewith enclose you the evidence in Case of Lydia, widow of James Mitchell of Chemung N. Y.
Very truly Yours &c.
T. S. Slingerland Barnerville Schokarie Co. N.Y.
Hon. J. L. Edwards Comm. Pensions Washington

In the case of Lydia Mitchell widow of James Mitchell for Pension under the act of July 7, 1838, & its supplements, it has been proven by numerous witnesses, in the first place that James Mitchell, during his life time was always reputed and believed in the neighborhood where he resided to have been a Revolutionary soldier in the Company of Capt. Livingston & Regt. of Col. Willet with the Nine Months Men. This was his general reputation.
Timothy Wood swears that for a portion of the Revolutionary War he resided in Cornwall Orange Co. N.Y. and that Mitchell at that time lived near him in Warwick. Both served in 1779 in Col. Hart- =ord's Regt. of Militia. Wood was well acquainted with Mitchell & knew him to have served afterwards with the Nine Months Men under Capt. Livingston & Col. Willet. They lived only a few miles apart in Orange Co. at that time.
Ebenezer Benjamin served in Willets Regt. in 1782 & at the same time that Mitchell served therein & knew him well both while in the service & before this service was rendered. He states that he became acquainted with him in Columbia Co. N.Y. before this service was rendered as Mitchell then had friends in Columbia Co. whom he was in the habit of visiting.
John Meyers also served in the same Regt. at the same time with Mitchell in 1782 under Col. Willet & knew Mitchell well. He knew him while serving under Capt. Livingston & continued to be acquainted with him & his family after the War. He is positive that he is not mistaken in the person as he knew both Mitchell and his wife after the War.
George Parker states in his affidavit that on the 24th of March 1782, he Deponent & James Mitchell were taken Prisoners at Toms River N.J. while serving under Capt. Huddie & were taken to the Sugar

House in New York where they were kept about ten days & then taken to the Provost where they were kept one or two days when Capt. Huddie was taken out & hung & that James Mitchell continued a Prisoner in the Provost with the Deponent about three weeks after Capt. Huddie was hung.
According to the statement of this witness James Mitchell was taken Prisoner March 24, 1782, & kept a Prisoner for about one month & four days & consequently must have left his imprisonment about the 28th of April . The afft. of Mr. Parker appears to have been taken in 1788, as evidence of the innocence of James Mitchell of a Charge preferred against him of having performed the Office of Hangman to Capt. Huddie, & of course the witness would naturally state the time of Mitchell's imprisonment after Capt. Huddie was hung executed as long as he consistently could, hence he says "at least three weeks ."
John Lawson certifies in a Certificate dated April 1, 1788, that James Mitchell was taken Prisoner as stated in the afft. of Mr. Parker & that James Mitchell was a Prisoner with him all the time from the time they were taken until after Huddie was hung.
Capt. Jacob Fleming swears that at the time he & Capt. Huddie were taken out of the Provost in April 1782 James Mitchell was left in the Provost & remained there until after Huddie was hung.
Capt. David Mcbride certifies under date of May 10, 1784 that James Mitchell was a resident of that place, Wawarsingda, (Warwick Orange Co. N.Y.) & had been a ready soldier in his Comp. since he was sixteen years of age .
These papers Thomas Maxwell swears were placed in his hands by the said James Mitchell about thirty years ago . Mr. Maxwell further swears that he has been acquainted with James Mitchell from his infancy & that Mitchell always was reputed to have been a Revolutionary soldier &c. Mr. Maxwell is personally known to the Department.

have been a Revolutionary soldier &c. (Mr. Maxwell is personally known to the Department.)
George W. Miller formerly judge of Chancery Co. Courts swears that Mitchell was generally reputed & believed to have been a Revolutionary soldier & was recognised as such by those who knew him.
John Mitchell brother of James swears that during the War they lived in Warwick Orange Co. N.Y. & that Deponent & his said brother James served together in the Militia of Orange Co. N.Y. That Deponent & his brother James enlisted in Monmouth Co. N.J. into a Company of Dragoons Commanded by Capt. John Walton, That Deponent & his said brother James were sent to Louis River N.J. where they were taken Prisoners under Capt. Huddy & taken to New York, That about fifteen days after they were taken Prisoners said Capt. Huddy was hung. That Deponent was kept a Prisoner until the close of the War but that his brother James went home soon after Capt. Huddy was hung & joined the Company of Capt. Livingston & Regt. of Col. Willet.
The statements of all these witnesses has been verified by the Certificate of the Comptroller of New York, from which it appears that a pay certificate was issued to James Mitchell for $19,16.5 & that this service under Capt. Livingston ended Decr 31, 1782, & consequently Mitchell must have entered that Company in the latter part of May 1782.
M rs . Barker has stated the time of Mitchell's imprisonment longer than any of the other witnesses and he makes out his imprisonment to be about one month from March 24, 1782.
M rs . Mitchell in her Declaration states that her husband served six months under Capt. Huddy (meaning Capt. Huddy) & while in said service was taken Prisoner & that he afterwards served with the State Services under Capt. Livingston & Col. Willet.
From all these statements we deduce the following facts.
1 st That said James Mitchell served from Warwick Orange Co. N.Y. in the Militia in 1779 under Capt. McNamee & Col. Heathorn.

2nd, That in the summer of 1781, he enlisted into the Company of Dragoons commanded by Capt John Walton of N. J. in company with his brother John, and served therein until about the first of January 1782, when he entered the Company of Capt. Joshua Hendrick under whom he served until about the 24th of March when he was taken prisoner & confined as such for a period of two or three weeks & and then returned home to Warwick & immediately after joined the Company of Capt. Livingston in the Regt. of Col. Willet in which he served about seven months and until Decr. 1. 1782.
Mrs. Mitchell is therefore entitled to the service under Capt. Mc Caffrey in 1779.
John Walton Dragoon in 1781 — 3 mos. & 6 days Joshua Hendrick in 1782 — 2 do 24 days Prisoner about , 18 do Livingston about — 7 mos.
It is hoped that Mrs. Mitchell may be allowed a Pension for this service as soon as the business of the Department will admit of an examination of her claim.
John Mitchell whose afft. is now submitted drew a pension as a Dragoon & Private & swears that James his brother enlisted & served with him until they were taken prisoners. John Mitchell is now dead. His papers in the matter of his own application for pension will furnish the length of time that James Mitchell served with him under Capt. Walton & Capt. Hendrick. Warwick where they lived lies on the State Line of New York & New Jersey.

Lydia Mitchell widow of James. N. York
Act 7 July 1838.
Adm o 8 mo - 20 ds pri. Infy $28.89 46 Mo. Pri. Coudy - 24 78
$53.87
Commencing 4 March '36 except 2 years -
Payable to her.
ent to Hon J. J. Slingerland Bethlehem N. York

 \begin{array}{r}
 3.33\% \\
 8 \\
 \hline
 26.66\% \\
 222\% \\
 \hline
 28.89
 \end{array} 
 \begin{array}{r}
 26.66\% \\
 2 \\
 \hline
 3 \overline{) 5833\%} \\
 1.777
 \end{array} 
 \begin{array}{r}
 333\% \\
 2 \\
 \hline
 5 \overline{) 666\%} \\
 2.22
 \end{array} 
 \begin{array}{r}
 416 \\
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 2496
 \end{array} 

5
30.930
J Storluns

Plead Report to me John D. Dinsmore
A.D. 1847 before me. And I certify that said John Mitch- ell the above deponent is a highly respectable person and a credible wit- ness whose testimony upon any subject is entitled to full faith & credit.
John Mitchell
Thomas J C Fenton Justice of the peace

State of New York Chemung County } ss
Sarah Mitchell a resident of the Town of Catharine in said County of Chemung aged Eighty Three years being duly sworn according to law deposeth and saith that she is well acquainted with Lydia Mitchell who is now the widow of James Mitchell who died in Southport in said County about fifteen years ago in which said Lydia now resides. Deponent became acquainted with said James & Lydia before they were married they then lived in Chemung in said County in which they were duly married. They & Deponent were among the first settlers in Chemung aforesaid to which Place Deponent moved immediately and very soon after the close of the War of the Revolution and very soon thereafter said James & Lydia were married. They continued to live together as husband and wife until the death of said James as aforesaid & raised a large family of Children the oldest of whom if living would be between fifty five & sixty years of age. Said marriage occurred as early as 1789 & was in the Spring of the Year. They were married by Elijah Buck Esq. who was then a Justice of the Peace in Chemung aforesaid. Deponent well recollects the time of said marriage being present at its occurrence. She calculates the Year from her own marriage & from the ages of her Children. Said James served in the War of the Revolution with the Nine Months men.
Subscribed & sworn this
Twenty first day of January A.D. 1847 before me.
Sarah Mitchell
Thomas S C Stanton Justice of the peace
I hereby certify that the above Deponent said Sarah Mitchell is a respectable person and a credible witness whose testimony upon any subject is entitled to full faith & credit. Dated this twenty first day of January 1847 the day & year aforesaid.
Thomas S C Stanton Justice of the peace

State of New York } ss. Chemung county }
I Green M c Intire Clerk of the County of Chemung aforesaid and also Clerk of the Court of Common Pleas in & for said County. Do hereby Certify that Thomas L c Fanton Esq. before whom the foregoing affidavits of John Witchell and Sarah Witchell purport to have been sworn and executed was at the time said affidavits bear date an acting justice of the Peace in & for said County duly elected & qualified and authorised to take the same. And further that I am well acquainted with the hand-writing of said justice and verily believe his signature to the jurats and Certif- -icates of said affidavits to be genuine & in his own proper hand-writing.
In testimony whereof I have hereunto sub- -scribed my name and affixed my official seal on this Twenty Second day of January. Eighteen hundred & forty seven Green M c Intire Clerk
John Witchell Sarah Witchell
ss
Am. State

State of New York Chemung County } ss
John Mitchell a resident of the Town of Catharine in said County of Chemung aged nearly Ninety years and a Revolutionary Pensioner of the United States being duly sworn according to law deposeth & saith that during the War of the Revolution he resided in the Towns of Warwick in the County of Orange in said State of New York, and belonged to & served in the Militia of said County of Orange on very many occasions during said War. Deponent had a brother who also lived in Warwick aforesaid and served in said Militia, named James. Owing to great age & consequent loss of memory Deponent cannot now relate the various particulars of service rendered by his brother said James Mitchell while serving in the Militia of the State of New York. Deponent however recollects that he Deponent and his said brother James enlisted in the County of Monmouth at a place called called Colts Neck in the State of New Jersey into a company of Light Horse or Dragoons commanded by Captain John Walton. Said Captain Walton resided in said County of Monmouth in the State of New Jersey. While in said service Deponent and his said brother James were sent out to Toms River in said State of New Jersey (to arrest the unlawful trade then carried on between the British & Tories) under Captain Huddie & while in the service at Toms River as aforesaid Deponent his said brother James, Captain Huddie, and those of the Company who were not killed were taken Prisoners and carried to the City of New York by the British. They were taken to a place called the Sugar House in said City. Deponent was afterwards taken to a place called the Provost in said City and kept until he was set at liberty after the close of said War. Deponent and his said brother James enlisted together into said Company of Captain Walton for a period of One year and served some time therein before they were sent out under Captain Huddie to Toms River and were taken Prisoners and taken to New York City by the British as aforesaid where this Deponent was kept in confinement as Deponent now calculates for a period of six months. They enlisted into said

Company under Captain Walton as aforesaid as deponent believes in the winter of the last year of the War. Deponent will not now undertake to give the dates of said service. Said Captain Huddie was taken from New York as Deponent verily believes shortly and about fifteen days after he was taken Prisoner as aforesaid & hung by the British or Tories on Bergen Point. Deponent well remembers that his said brother James served on numerous occasions during said War in the Militia of said State of New York in which Deponent verily believes he rendered a vast amount of service but owing to reasons aforesaid Deponent will not attempt to recite the particulars thereof, more than that his said brother served under Colonel Hathorn and for some time under Captain Livingston and Colonel Willet and various other Officers. Immediately or very soon after the close of said War Deponent and his said brother James moved from Warwick aforesaid to Chemung aforesaid and very soon thereafter said James married Lydia Westbrook then a resident of Chemung aforesaid. Said James died about fifteen years ago leaving said Lydia a widow who now resides in the Town of Southport in said County of Chemung. They continued to live together as husband & wife until the death of said James as aforesaid and raised a large family of children the oldest of whom if living would be between fifty five and sixty years of age. Deponent verily believes that said James & Lydia were married as early as 1789 it being in the spring of the year and about fifty eight years ago. Deponent calculates the time from the time of his own marriage & from the ages of his children. Said James was retained a prisoner for a few days after said Capt. Huddie was hung & then returned home & joined the Comp y . of said Capt. Livingston. Subscribed & sworn this
Twenty first day of January
A.D. 1847 before me. And
I certify that said John Mitchell the above deponent is a highly respectable person and a credible witness whose testimony upon any subject is entitled to full faith & credit.
John Mitchell
Thomas I C Fenton Justice of the peace
Please Report to me John D. Strong Clerk

State of New Jersey of Personly came before Me Hendrick H. Monmouth County Some of the Judges of the Inferior Court of Common Pleas In and For the County of Monmouth George P. ... the Being Duly Sworn agreeable to Law Upon His oath saith the this Deponent was a Listed Soldier Under Capt Joshua Hudd at the time He was taken Prisoner at the Black Horse at Tom River In Monmouth County on the 26th Day of March 1782 and the this Deponent was likewise taken Prisoner and that James Mitchell was likewise a Listed Soldier Under said Capt Huddy and was taken a Prisoner and they where all of them taken to New York and put into the Stony House and continued there about ten Days and from thence was taken to the Provost and In about one or two Days after arriving at the Provost Capt Huddy was taken from them and Carried over to the Provost and Hanged by the British and that James Mitchell continued with this Deponent In the the Provost after Huddy was Hanged at least three Weeks and that It has been represented to this Deponent that said James Mitchell was employed to Hang Capt Huddy which this Deponent Doth say Is a Negative false Ill Nature Report and that said Mitchell lay In Close Confinement with this Deponent at the time that that said Capt was Executed on Capt Huddy
+ Sugar House
ye or ye further
Sworn before Me March the 31 1784
Hendrickson Judge
George P.
State of New Jersey Monmouth County April 1. 1788 This is to Certify that the Above Declaration Sworn By Joseph Barker Which Am known to Being a Prisoner With Joseph Barker & James Mitchell was at that time Capt Huddy was Hanged who where all In Provost and Did Not Get Exchange till some time after that cruel fact was Committed By the British On or about the Twelveth of March 1782 when I left Provost was some time In September when Huddy was Hanged In 1782 and James Mitchell was a Prisoner with Me all the time and Am knowing this Being clear of Hanging Capt Huddy John Storer Due Certify James Mitchell Also Prisoner with Me at the time Above mentioned - By Me
John Storer

This is to certify all whom it may concern that Captain Eddy, Captain Randolph & myself were taken out of the British Provost some time in the month of April in the year 1782 and that James Mitchell was left in the said Provost. But we were conducted by Rich Lippincot, John Dillon & many other Refugees on our way to the Guard Ship laying at Sandy Hook where we were put in a room & remained for 2 days when Rich Lippincot, Sam Taylor & John Dillon came & took off Captain Eddy to hang him & after execution the bloody miscreant they returned & told them they had hanged him and Captain Eddy. In all which Mitchell took no part but remained & was
now to the contrary a prisoner in the British Provost Given under my hand & seal this 1 st day of April 1788
Sworn before me J. P. in the County of Cumberland
Isaac Jennings Captain
I am a Commissioner of the Peace of the Superior Court of Common Pleas in and for the County of Warren
State of New Jersey
Adwayanda May 10 th 1784 These are to certify that the bearer hereof James Mitchell Senior has been a Residenter in this place thirty years & I never knew any harm of any of his dealings or in respect to his haboovers And for his son James he has been already sold out in my company ever since he was sixteen years of age Given under my hands David McEwenly Capt
1782 1786 1788

State of New York
Chemung County ss Thomas Maxwell of the said County aged 56 years and upwards being duly sworn say, that he is well acquainted with James Mitchell named in the foregoing paper: that he has known the said Mitchell from his infancy: That the said Mitchell was generally reputed to have been a Revolutionary soldier. The deponent has been engaged in the Pension business, since the year 1818 and has obtained pensions for several soldiers, who spoke of said Mitchell as having been in the service with them particularly John Mitchell who served as the deponent believes under the same individual (Capt. Huddy of New Jersey) as the said James Mitchell
The deponent further says that the papers hereto annexed were deposited with this deponent by the said James Mitchell, as well in proof of the service of the said Mitchell as evidence of his innocence of a charge made against him in an early day that he was the individual who performed the office of Hangman when the said Capt. Huddy was hung by the British. He received them from said Mitchell about thirty years since.
T. Maxwell
Sworn before me the 19 th day of July 1848.
W. Spalding Justice
of the Peace Chemung
I certify that I am acquainted with the above named affiant & believe him to be a man of truth & veracity whose statements may be relied on
W. Spalding Justice of the Peace Chemung
State Above subscribed - By Me
John Staser

State of New York
Chemung County Zss. George W. Miller of Southport in said County being duly sworn doth depose that he is a resident of the said County and has held the office of Judge of the County Courts of said County of Chemung. That he is well acquainted with Lydia Mitchell now living in the Town of Southport aforesaid, who is the widow of James Mitchell who died in the town of Southport aforesaid, who on the 16 th day of February 1831. The deponent further says that he was well acquainted with the said James Mitchell and lived a neighbor to him many years before his death: the said Mitchell was always reputed in the neighborhood of his residence to have been a Revolutionary soldier, and was generally recognized as such among his neighbors. The deponent has frequently heard him relate his adventures and incidents which occurred during his service as a soldier and the dangers to which he was subjected & the fatigues he underwent. The deponent has no doubt that the said Mitchell was at least seventy years of age at the time of his death in 1831 as aforesaid.
The deponent further saith that he has recently visited the family burial ground of the Mitchell family and the following is a correct copy of the inscription on the tomb stone of the said Mitchell:
"Mrs James Mitchel died Feb, 16 th 1831 AE 73 yrs 3 m & 14 days."
And further saith not.
Sworn before me the 18 th July 1848.
G. W. Miller
John W. Wisner
Chemung County Judge
Thereby certify that George W. Miller the above named deponent is a man of good standing in this county, that he has held the office of Judge of the County Courts and his statements entitled to full faith & credit
John W. Wisner Chemung County Judge
State Above - Manchester - By Me
John W. Wisner

State of New York Chemung County Clerk's Office
As I Green M. Tuttle Clerk of the said County do hereby certify that John W. Wisner who before whom the foregoing Affidavit of Geo. W. Miller was taken was when the same bears the first of County Judge of said County & that his signatures above subscribed are genuine. I further Certify that Thomas S. Spalding before whom the foregoing Affidavit of Thomas Maxwell was taken was when the same bears date a Justice of the peace of said County duly qualified & that his signatures above subscribed are genuine. Witness my hand & Seal of Office the 19 July 1848.
Green M. Tuttle