Revolutionary War Pension and Bounty Land Warrant Application File S. 30001, for Stephen Newell, Massachusetts

SERVICE
Newell, Stephen
NUMBER
Mass.
S. 30001
CONTENTS

15-983 Massachusetts
Stephen e Powell
of Hampshire Co in the State of e Mass who was a Private in the (Company) commanded by Captain Hays of the Regt commanded by Col Smith in the Mass line for 17 months
Capt Hays
Inscribed on the Roll of e Massachusetts at the rate of 20 Dollars 67 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of May 1833 and sent R.P. Morris Springfield Mass Arrears to the 4th of March 1833 $113.54 Semi-ant. allowance ending 4/1/33 38.33 $151.87
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N. H. Atkinson Clerk Book Vol. 2 Page 59
76 Hampden

8331
Stephen Scioell
Declaration with the Depositions of
John Shaw
Stephen Fuller
Abel Jennings
Daniel Wippler
Waltham Marsh

Commonwealth of Massachusetts Hampden County ss.
On this ninth day of August in the Year of Our Lord one thousand eight hundred and thirty two, personally appeared in open court, before Oliver B. Morris Judge of the Court of Probate within and for the county of Hampden now sitting at Springfield in said county, Stephen Newell a resident of Milbraham in the said County of Hampden and Commonwealth of Massachusetts aged seventyfour 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 th 1832. That he entered the service of the United States under the following named Officers, and served as herein stated
That in the Month of August 1776 a requisition was made on the Massachusetts Militia for Men to go to Ticonderoga and that he volunteered and marched from Monson Massachusetts under the following named Officers Capt Mungo, of South Brimfield, Ensign Chapin of Monson, in a Regiment commanded by Col. Woodbridge; the time of his enlistment was for three months; that he marched through Northampton Bennington Manchester & Skinesborough (now White Hall) and from there went in Boats to Ticonderoga where he remained until he was regularly discharged and returned home about the last of November or first of December following. That he knows of no person living who served with him and has no positive evidence of his service, that he has no documentary evidence other than the deposition of John Shaw of Monson who testifies to his marching to join the Army and of his return home, that a Brother of said Shaw served at the same time who is since deceased. That his discharge was verbal from his officers. He further states that it was very sickly among the Troops at Ticonderoga while he was there and that very many died that season of the camp distemper, while at Ticonderoga the Fleet on Lake Champlain under Arnold had an engagement with the British fleet & Arnold was driven on shore & flame into camp. That Shaw's deposition is annexed hereto.
That in the Month of February in the Year 1777 he again volunteered in the Massachusetts Militia and marched again for Ticonderoga in a company under the command of Capt. Reuben Munn. Lieut Hoar.

was in the same company. that the term of his engagement was two Months, that he marched to Ticonderoga and there remained two months and was then verbally discharged and returned home. That Abel Jennings of Monson served with him in the same company at the same time, and that he knows of no other person living who can testify to his service, and he offers the Deposition of said Abel Jennings which is herunto annexed as evidence to substantiate his statements; that he has no other documentary evidence of his service. That he does not recollect any Field Officer who served with him at this time. And that it is his impression that the company to which he belonged was stationed at a little distance from the Main Arm. That about the last of October first of July in the same year of 1777 he again enlisted in the service of the United States in a company commanded by Capt. Gideon Hunt at Springfield Massachusetts in the Massachusetts line of Troops. That he was stationed at Springfield guarding the Magazine, stores and public property of the United States at that Post. That the term of his enlistment was six months and that he served out the time of his enlistment and was discharged by verbal orders when the period of his enlistment expired. That he does not recollect that any Field officer was stationed at Springfield and to substantiate his assertions he offers the Depositions of John Shaw & Stephen Fuller who served with him at the same time and whose Depositions are herunto annexed. That the time of his discharge was sometime in January 1778.
That in the month of June in the year 1780 he again enlisted at Monson Massachusetts in the Army of the United States in the Massachusetts line for six months and marched from Monson through Hartford, & Litchfield Connecticut to West Point from West Point to Poughkeepsie where he joined the Army and was embodied at Orange Orange in Capt. Flowers company in the Regiment commanded by Col. Smith. That he was present at the execution of Major Andre of the British Army, and detached to perform guard duty at the Execution. That the Regiment marched to several places on the Hudson River and that he was sent out with others several times to collect forage. That he went down as far as New York and Elizabethtown on a Foraging Party. that he was not in any engagement.

That it was late in the fall when the Regiment went into Winter quarters at West Point in the Barracks at that place That he recollects of seeing General Nixon. Genl Patterson and Genl Poor during the Campaign. That the Troops were reviewed by Gen Washington at Orange town while he was stationed there and Col. Hamilton his aid was with him. That he does not recollect receiving a written discharge and if he did it is lost That he recollects that when he came from West Point which was in December of the same year immediately after being discharged, The remainder of his Regiment accompanied some about Ten Miles up the River, That he does not recollect the Major's name And that he very well recollects there was snow on the Ground on the Mountains when they were on their return home, That he reached home about the last of December. That the only persons that he knows who can testify to his service are except Daniel Mipler and Abel Jennings both of Monson and Nathan Marsh of Kirkland in the State of New York who served with him whose Depositions he has procured and which are annexed hereto. And that he has no other documents containing his power to offer to substantiate his declarations. That he was born in Dudley Mass and has resided in Monson & Millbury Mass all his life He was twelve years old, That he has a record of his age in his Bible at home.
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. Sworn to and subscribed the day and year aforesaid.
Stephen Newell
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the war Department, that the abovenamed applicant was a Revolutionary soldier & served as he states.
I Justin Willard Register of the Court of Probate within and for said County of Hampshire do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Stephen Newell for a Pension In testimony whereof I have hereunto set my hand & the seal of said Court this 8 th day of August A 1832 Justin Willard Register

8331
Stephen Cheinell
Pm at 17 Months
14. 1606
Mar. 20 1833
P. 304
50- 6.4
R. Morris Springfield Mass.

BRIEF in the case of  Stephen Merrill  of  Wilbraham  in the State of  Mass.  Hampden Co  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy four years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Volunteer In 1776 Aug. for 3 As a Gen. Capt Munga. Bloodridge   in 1777 Feb. 2 Capt Munn.   enlisted in June & July 1780 June 6 Capt Bent   6 Capt Fleming. Col Smith.  
 5. In what battles was he engaged? none stated.  6. Where did he reside when he entered the service? Monson  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? John Shaw proves 6 mos with Capt Bent, also his enlistment as soon as 1776. Stephen Fuller proves 6 mos with Capt Bent, also 2 mos with Capt Munn. Abiel Ginnings proves the 6 mos with Col Smith. Nathan Marsh also proves the service in 1780.  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. Hunt  Examining Clerk.

8331
Stephen Newell
Richd D Morris Esq Springfield Mass

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

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? no 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? no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? in all the cases except - Marsh 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? 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.

J S Edwards Esq Commissary of Pensions

Thornfield April 1. 1883
Sir I have procured the Magistrates certificate of character and Credibility of Witnesses to all the depositions as required. I have not procured the certificate of the proper officer to the official signature of the Magistrate who took the deposition of Murch as he resides in the State of New York and the law of Service which Murch testifies of, is testified of in the depositions of Jennings & Myrtle two Credible Witnesses. - In every respect I believe the Applicant has complied with the brief annexed -
I am respectfully Yours &c
Richard D. Morris

30 001 Very INVALID.
File No. 30, 001
Stephen Newell His Rev. Wm.
Act: June 7 th 82 nd
Index:—Vol. 2, Page 296
[Arrangement of 1870.]

Nathan Marsh 1
N York

State of New York } Onida County } }
Nathan Marsh of the town of Kirkland in said county of Onida of seventy four years of age being duly sworn makes affidavit and says that Stephen Newel in company with this deponent went from Massachusetts in the year sixteen hundred & eighty, to West Point in New York at which place the said Newel & this deponent joined the army of the American Revolution - From West Point the said Newel & this deponent were marched into the Jerseys - & sometime afterwards were returned to West Point. The said Newel & this deponent continued in the service of the army of the Revolution six months, & served as this deponent now believes according to his best recollection in Colo. Smith's Regiment, from which at the expiration of six months service we were regularly discharged at West Point. And further saith not. Nathan Marsh
Subscribed & sworn } May 1 st 1832 before } me } Saw Bak in justice of the Peace }

I John Shaw of Manson in the County of Hampshire and Commonwealth of Massachusetts aged twenty six years do testify and say that I am well acquainted with Stephen Newell of Northampton in said County and have known him for sixty years and that in the year 1777 about the first day of July he enlisted a company commanded by Capt. Gideon Hunt of Longmeadow in the service of the United States and was stationed at Springfield Massachusetts in guarding the Public Stores Magazine and property of the United States at that place and that he in order was ordered to be in readiness to March to that place when orders should come that he should be in readiness and was discharged about the first day of January in the year 1778. That I served in the same company with him and was discharged at the same time. I further state that in the year 1776 about the first day of September the said Stephen Newell entered the service of the United States and Marched from Manson to join the Northern Army and was gone from Manson between three and four months and returned sometime in December of the same year that I had a Brother

in the Sandwich with said Stowell Given this deponent's truth unto John Shaw
Commonwealth of Massachusetts
Hampden County ss
On this Eight day of August A.D. 1882 Personally appeared John Shaw the signers of the foregoing deposition and made solemn oath to the truth of the foregoing deposition by him subscribed
Before me Richard D. Morris Justice of the Peace
I certify that the above named John Shaw is a man of truth and veracity and a credible witness and that his statements are matter to full credit Richard D. Morris Justice of the Peace
Commonwealth of Massachusetts Hampden ss. I John Ingersoll a Clerk of the Common Pleas Court being a Court of Record in the County of Hampden do hereby certify that Richard D. Morris Esq. before whom the above deposition was executed is a justice of the Peace for the County of Hampden that his name thereto subscribed is his true & genuine signature
In testimony whereof I have hereunto set my hand & affixed the seal of the said Common Pleas Court at Springfield on this Eleventh day of August in the year of our Lord one thousand eight hundred thirty two
John Ingersoll Clerk

Miller & Gannings
Deposition

Stephen Fuller aged seventy four of Brimfield in the County of Hampden & Commonwealth of Massachusetts testifies & says that Stephen Newell of Wilbraham in the County aforesaid did enlist into the Revolutionary Army A.D. 1777 together with deponent for six months under Capt. Gideon Burt of Longmeadow & served at Springfield as a soldier his term out & was regularly discharged
Stephen Fuller
Hampden Sft.
August 3 rd 1832
Sequia & sworn before
William S. Burt Justice of the Peace
I further certify that the above named Stephen Fuller is a man of truth & veracity & a credible witness & that his statement is entitled to full credit
William S. Burt Justice of the Peace
Commonwealth of Massachusetts Hampden Sft. I John Ingersoll a Clerk of the Common Pleas Court being a Court of Record in the County of Hampden do hereby certify that William S. Burt Esq. before whom the above and two annexed depositions were executed is a Justice of the Peace for the County of Hampshire and that I believe his name subscribed to each of said depositions to be his true & proper signature
In testimony whereof I have hereunto set my hand & affixed the seal of the said Common Pleas Court at Springfield on this Eleventh day of August in the year of our Lord one thousand eight hundred & thirty two
John Ingersoll Clerk

Commonwealth of Massachusetts Hampden ss.
Abel Jennings of Monson in said County being duly sworn makes affidavit & says that Stephen Newell in Com- pany with this deponent went from Monson Massachusetts in the year seventeen hundred & seventyseven to Sicanderoga N.Y. under the command of Capt. Reuben Munn & at the expiration of two months was together with this deponent regularly discharged from that service
Abel Jennings
Subscribed & sworn July 4 th 1832
Before William S. Bent Justice of the Peace
I further certify that the above named Abel Jennings is a man of truth & veracity & a credible witness & that his statement is entitled to full credit - William S. Bent Justice of the Peace

Commonwealth of Massachusetts } Hampden ss. }
Daniel Minton of Monson in said County of seventy six years of age & Abel Ginnings of the town & county aforesaid of seventy three years of age being duly sworn make affidavit & say that Stephen Newell in company with these deponents went from Massachusetts in the year seventeen hun- dred & eighty to West Point in New York at which place the said Newell & these deponents joined the army of the American Revolution. The said Newell & these deponents continued in the service & in the army of the Revolution six months & that said Newell was in Col. Smith's Regiment & that said Newell & these deponents were regularly dis- charged at West Point and further say not
Daniel Minton
Abel Ginnings
Subscribed & sworn
July 4 th 1832 before William S. Burt Justice of the Peace
I further certify that the above named Daniel Minton and Abel Ginnings are men of truth & veracity & credible witnesses & that their statements are entitled to full credit William S. Burt Justice of the Peace