Revolutionary War Pension and Bounty Land Warrant Application File S. 29,328, for Day Mitchell, Massachusetts

SERVICE
NUMBER
Mass
Mitchell, Day
S. 29,328
CONTENTS

21870
Massachusetts
Day Mitchell
of Broadfield in the State of Mass who was a Private in the Camp commanded by Captain Johnson of the Reg commanded by Col. Titcomb in the Mass. line for 9 Mo 21 d.
Water & Bul
Inscribed on the Roll of Mass at the rate of 32 Dollars 32 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of Aug, 1831 and unto E. Mitchell have here
Arrears to the 4th Mo '31 $ 64 64 Semi-ant. allowance ending 4th Mo '31 16 16
$ 80 80
{ Revolutionary Claim, } abot June 7, 1832. }
Recorded by Book 6
G. C. Stiles Vol. 1
Clerk,
Page
53

Signed and sealed anew, this twenty second day of May, A.D. 1832.
C. W. Lord Jr. JJ

And the said Court hereby declares its opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that Gardner B. Perry who has signed the preceding Certificate, is a Clergyman resident in Bradford and that the said Eliphalet Kimball who has also signed the same is a Magistrate resident at Bradford and is a credible person and that their statement is entitled to credit.
Abraham Judson Judge of Probate
I Samuel Bradley of Haverhill Mass aged 72 years on oath testify and say, that I know Day Mitchell of Bradford Mass that I served in the militia in the year 1777 in Capt. Johnson's company in Col. Titcomb's regiment, I served from the last of April to the first of July in that company said Mitchell was a private in the same company and served the same time and at the same place with me Witn, J. H. Duncan Samuel his Bradley mark Commonwealth of Massachusetts County of Essex ss. On this 24 th day of September personally appeared Samuel Bradley and made oath in due form of law that the above affidavit by him subscribed with his mark was true. I further certify that I am well acquainted with said Bradley and that he is a credible witness. James H. Duncan Justice of Peace
I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application, of Day Mitchell for a pension. Also, that James H. Duncan,
Thomas Gage and Larkin Flandrake esquires, whose names are subscribed to several certificates hereto annexed, are justices of the peace for said county, and their signatures to said several certificates are genuine.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this twenty fifth day of September, A. D. 1832.
Nath. Lord Jr.

Affidavit
Benj n Savory for Day Mitchell

Benjamin Savory of Newbury in the County of Essex and Commonwealth of Massachusetts, aged Seventy-one years and upwards, on oath do testify and declare - That I am well acquainted with Day Mitchell of Bradford in said County, and do know that he enlisted in the Company commanded by Capt. Badwell then of Methuen in said County, in the Regiment commanded by Col. Gerrish then of Newbury in said County, some time in the Spring of the year 1778 to serve for one half the term of three months, and that he did serve at a place called Winter-hill in the vicinity of Boston in said Commonwealth, the said term of one and an half months. - my means of knowing that he did so serve, are, that I was a private in the same company and in the same service, which service was in the War of the Revolution. - Benjamin Savory
Commonwealth of Massachusetts,
Essex ss. August 6 th 1832. Then the above named Benjamin Savory made solemn oath that the aforewritten affidavit by him subscribed contains the truth and nothing but the truth, taken at the request of the aforesaid Day Mitchell to be used for the purpose of obtaining a pension for services in the War of the Revolution, under a late Act of the Congress of the United States of America. - And I hereby certify that the deponent is well known to me and that he is a credible witness. -
Thomas Gage. Justice of the Peace

I Larkin Thorndike, Esquire do further certify that I am acquainted with the Simon Hovey Esq. the aforesaid deponent, and that he is a man of irreproachable character, & a credible witness.
L. Thorndike Esq. Bar

Amos Hovey of Salem in the County of Essex & Commonwealth of Massachusetts Esquire, on oath depose & say, that I am acquainted with Mr. Day Mitchell & that he was a private soldier with me in the Company commanded by Captain Jer- -miah Putnam, & the Regiment commanded by Colonel Nathan Tyler, during the term of six months, commencing in July A.D. 1779 & ending in January A.D. 1780 that said Day Mitchell now lives in Bedford in said County of Essex, & is now in my presence - & that I believe  know he originally belonged to said Bedford - that we were stationed during said six months at Providence & in the State of Rhode Island - & that said Reg- -iment was denominated State Troops, being raised by the said Commonwealth of Massachusetts & were disbanded at the expiration of six months - & I myself was the orderly Sergeant of said Company during said term
Amos Hovey
Commonwealth of Massachusetts, Essex ss. September 22. A.D. 1832. Then personally appeared (before Larkin Thorndike) - the above named Amos Hovey & made solemn oath, that the facts set forth in the above Deposition by him subscribed, in my presence, are true: See the other side Before me Larkin Thorndike, Jus. Pac.

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this twenty fifth day of September A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Day Mitchell , a resident of Bradford , in the County of Essex and State of Massachusetts, aged 72 years, who being first duly sworn according to law doth, on his oath, make the following Declaration in order to obtain the benefit of the Act of Congress passed June 7, 1832:
That he entered the service of the United States, under the following named officers, and served as herein stated:
In the year 1777 I think it was the latter part of April I enlisted into the service of the United States as a private soldier in Capt. Samuel Johnsons company in Col. Titcomb's regiment of Massachusetts militia. I enlisted as a private for two months: I marched from Bradford aforesaid to Providence R.I. and from thence was sent to Bristol R.I. where and in the vicinity 2 m. 6 days I remained for the purpose of watching the British who were then on the Island in sight of Bristol - I served I think a few days after the expiration of the two months I know of no person by whom I can prove
Also in May 1778 I again went into the service as a private soldier in Capt. Bodwells company in Col. Jacob Gerrish's regiment, and served a month and a half: we went from Bradford to Winter Hill, Charlestown where we were stationed 1 m. 15 d. for the purpose of guarding the prisoners in Burgoyne's army. Isaiah Hardy of said Bradford and I, had agreed to furnish one man to serve for three months: he served the first month and a half; and I served the second month and a half. I think it was in May that I went to do my part of the service -

Also in 1779 the first of July I again entered into the service of the United States as a private soldier in Capt. Jeremiah Putnam's company in Col. Tyler's Regiment for 6 months; and served my whole time out. We 6 m. marched from Bradford aforesaid to Providence R.I. where we staid the forepart of our time, till the British evacuated the Island, when we marched down onto the Island, and remained there till the expiration of our time when we were dismissed. Gen. Gates commanded on the Island -
That Iea. David Stickney Esq. William Grenough Jesse Kimball all of said Bradford will testify as to his character for veracity and their belief in his services as a soldier of the revolution
He also further says that he was born at Dracut Mass. January 15. 1760; he supposes there is a record in the town books of Dracut of his birth; that he resided at said Bradford when he entered on each term of service and has resided in said Bradford ever since -
That he was in no battles that he never received a written discharge, that there were no regular troops stationed with the Militia at any period of his service excepting the last; during a part of which, Col. Jackson's regiment was stationed at Providence with them.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State.
Day Mitchell
Sworn to and subscribed the day and year aforesaid
D. W. D. N. J.
JUDGE OF PROBATE.
We, Gardner B. Perry a clergyman, residing in Bradford aforesaid, and Eliphalet Kimball Esquire, a magistrate, residing in Bradford aforesaid, do hereby certify that we are well acquainted with Day Mitchell who has subscribed and sworn to the above declaration; that we believe him to be 72 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.
Gardner B. Perry
Eliphalet Kimball
Subscribed and sworn to before
D. W. D. N. J. Judge of Probate

18218 Dear Mitchell
Mar. 9th 21 days
Capt Putnam's Company Col Tyler's Regt Mass
1821
Charles Minot Esq Haverhill Mass

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

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? see that Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? no XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates 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 ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

29 328 Rey INVALID.
File No. 29,328
Day Mitchell
Pr Rec me
Act: June 1 st 189 th
Index:—Vol. 9 ; Page 388
[Arrangement of 1870.]