Revolutionary War Pension and Bounty Land Warrant Application File W. 15,130, for Richard Nick, Massachusetts

SERVICE
Mass Massachusetts Service
Nick, Richard or Nicks, Mary
NUMBER
W 15.130
CONTENTS
[Blank lined area for contents]
[Blank lined area for contents]

1344 Massachusetts
Mary Nick
widow of Richard Nick dec.
who died on the 15 August 1786 of Middlesex in the State of Mass. who was a Seaman in the Tyrannicide commanded by Captain _____ of the _____ commanded by _____ in the Mass line for 13 mos & 22 days Seaman and Private
Increased from $23:
Inscribed on the Roll of Mass. at the rate of 50 Dollars 33 Cents, per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 4th day of June 1838 and sent Hon. H. Cushing M.P.
Arrears to the 14th of Sept. 1837 $302.00 Semi-annual allowance ending 11 March 25.16 $327.16
{ Revolutionary Claim, Act July 4, 1836, Section the 3 }
Recorded by W. H. Jackson Clerk, Book 8 Vol. 2 Page 56
Sec to James Gregory Sept. 10, 1840.
Date of widow's death not on A.D.

Commonwealth of Massachusetts —
Middlesex Jr. On this twentieth day of April A.D. eighteen hundred & thirty seven personally appeared before the Honourable Samuel C. P. Fay judge of Probate for said County of Mid- dlessex Mary Nick of Reading in said County widow aged eighty five years who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 4. 1836. - That she was the lawful wife or may as he was often called of Richard Nick; formerly of said Reading de- ceased - That said Richard served in the war of the revolution - as He was in the first service at Cambridge & the vicinity of Boston during the year 1775 & according to her recollection, for some time in 1776, making nearly a year as she be- lieves - He served in Col. Glover's regiment from Marblehead, where they lived until the war broke out - but she cannot remember in what company he was - She recollects that he was in the service before the battle of Bunker's hill & she believes before Lexington at the very commencement of hostilities - She well remembers, that while serving as a soldier in the neighborhood of Boston, he came to see her at Reading, about fifteen miles from Boston, on occasion of the birth of her second child Mary, which happened on the twenty first day of Feb- -ruary A.D. 1776 - And he was returned to his service the three or four days ————— soon

Soon after this event, he entered the Sea Service under a Capt. Fisk in an armed ship from Salem. He entered this service probably in March or April 1776. as he was not a home, but a very short time between his land service & Sea Service - The impression upon her mind is very strong, that he was never at home a week at any one time during the war - He entered the Sea Service under Captain Fisk as a prize master & was entitled to two shares of prize money. How long he served with Capt. Fisk he cannot say - He remembers he served in an armed vessel under the command of Capt. Brown. He continued in the Sea Service, until the time of his death, including the time he was a prisoner with the enemy - He was taken & carried a prisoner into Wallasey, where he was detained as well as she can remember about four months - He came home in a cartel having been exchanged - On his last cruise he was again captured & carried into New York. He was soon liberated, thro' the influence of an Englishman residing in New York, whose brother had previously been taken in a vessel which had been captured by the vessel in which her husband served, & who had been very generous & treated by her husband, who was then prize master but on board of the captured vessel - He arrived at Providence from New York in a cartel & sent for her to come to him there, as he was sick. The letter being delayed a few days, she did not arrive until four days after his death. He died on the fifteenth day of August in the year seventeen hundred & eighty one - and he had been in the land & Sea Service as she believes without interruption, except the few days he was at home on

time on the few days between his coming into port & going out - As to the character of the vessel on board which he served, she cannot be certain - but she believes he was always in the States ser- vice. She will recollect that he assisted in taking many valuable prizes - I recollect a cargo of Flour - a cargo of dry english goods - a cargo of Jamaica rum, of which his share was between one & two hogs- heads, which he sold among the people in the neigh- borhood - I also recollect a large quantity of provisions taken at one time, of which he sent home some dried meat & tongues - She has no papers or documents to prove his said service, having destroyed all old papers which she had many years ago, as of no value - Her maiden name was Mary Bixby. She was married in Marblehead to said Richard Nick, as heard in the habit of writing his name as he was generally called, on the seventeenth day of Feb- ry A.D. 1772 by the Rev. Mr. Hovey of that town - He had four children by said Richard one born be- fore & three after the war commenced - The last child was born December 8 th 1779 - and she has re- mained a widow ever since the death of her husband - For the facts herein stated she also refers to the records herewith exhibited & to the records in the pub- lic office -
Slavery her Mark Nick
Attest - Daniel Flint
Subscribed & sworn to by said Mary Nick, or Nick, the twentieth day of April 1837 at her resi- dence in Reading she being too infirm by reason of age & disease to attend court - before me
J. W. May Wadsworth

As the interlineation in the first line in the third page & two or three other small corrections were made before signing I P P Ray
Commonwealth of Massachusetts
Middlesex ss. I Isaac Rishe Register of the Court of Probate in and for the County of Middlesex hereby certify that the foregoing contains the original proceedings of said Court, in the matter of the application of Mary Nick for a Pension in right of her late husband; I also certify that Samuel P. Ray whose own proper signature is here written on the foregoing paper & also to the deposition of David Parker hereto annexed is the Judge of said Court duly commissioned & qualified. — In testimony of all which I have hereunto set my hand and affixed without the seal of said Court this second day of May in the year of our Lord One Thousand eight hundred and thirty seven Isaac Rishe

Mary Nick
to await further evidence to be left at the office

I David Packer of Reading in the County of Middlesex, aged eighty one years, do testify & say, that I have lived in Reading since the year 1770 - that I served in the war of the revolution - commencing with the nineteenth of April 1775 - I was at Cam- bridge in Col. Packer's Regiment & a private in Capt. Batchelder's company for the first eight months - In the spring of 1776, I enter- ed on board the ship Tyrannicide an arm- ed vessel in the service of the State, as a ma- rine at first, & afterwards served as seaman - I knew Richard Nick whose wife & family moved from Marblehead to Reading at the commencement of the war - He entered as a seaman on board the same ship & continued in service on board said ship during the whole time I was in her which was about ten months - We came into Salem in February 1777, on board of a prize vessel - Nick was but on board as prize master, & brought her in - The prize was a good vessel & had on board a valuable cargo - After the service I left the Tyrannicide & served on board a privateer Nick as I always understood continued in the naval service until his death - I re- collect hearing at the time that he was taken prisoner & carried into Halifax & after the lapse of some months that he came home in a cartel - He soon after went to sea again in the public service as I understood, & con-

timed in that service until he was again cap- tured & carried into New York - That after his liberation or exchange he died on his way home. Such was the common story about him at the time, & which I had no reason to doubt was true - Capt John Pith of Salem com- manded the Fannyide when Nick & I were on board of her - I am not certain of the name of the vessel in which Nick, afterward served, or whether they were state vessels or privateers - I think he found in a vessel out of Salem commanded by a Captain Brown - I have also always known Mrs. Nick's wife & family - He had a number of chil- dren, three of whom are now living - Mrs. Nick has always lived near me & she has continued a widow ever since the death of her husband. She said Richard Nick He has always borne a respectable character.
I am a pensioner of the United States for my services during the Revolutionary war
David Parker.
Middlesex ss. April 20 th 1837 Personally appeared David Parker, who is known to me as a credible man & made solemn oath to the truth of the fore- going deposition by him subscribed before me
J. P. Day J.P.

V 1890
Mary Nick Nashville
My Friend: We came in the country where there is such a number of persons (widows) such as the lady mentioned in the paper all the same. I have been thinking of you and your friends and how much I should like to see you again. I am sure you will be here soon. I am Yours truly yours Mary Nick

Commonwealth of Massachusetts
Essex ss.
I John Prince Clerk of the Court of Common Pleas in said County do certify that James Gregory & Benjamin Merrill Esqrs. are Justices of the Peace within & for said County & that their signatures hereon are genuine
Witness my hand & seal of said
Court April 25. 1837.
John Prince Clk

I, Daniel Flint, of Reading in Massachusetts Esquire, aged 75 years, do oath testify that about the time of the commencement of hostilities between Great Britain & the American Colonies Richard Wicks of Marblehead removed to Reading with his wife Mary Wicks: they then became residents of Reading, and said Richard Wicks entered the army in the Regiment of Col. Grown as I have heard & believe, leaving his wife at Reading: he continued in the service, either military or naval, several years as I believe and have always understood: I know that Mary Wicks now applying for a pension is his widow: he died during the war of the Revolution: she has never been married since.  Daniel Flint
E/225/5: April, 11 th 1837 Then Daniel Flint Esq a credible witness, made oath that the above affidavit by him subscribed is true - before
B. Merrill Just. Peace

I, William Bean, of Marblehead in the County of Essex, & Commonwealth of Massachusetts do on oath testify & declare, that I am Eighty three years of age - That I was engaged & took an active part in the War of the Revolution. That I enlisted in the Marblehead Regiment under Colonel John Glover of this town, & marched in said Regiment to Cambridge. That I served in said Regiment altogether 9 months. That I was well acquainted with Richard Nicks formerly of this town. That said Nicks served in said Glover's Regiment as a common soldier (like myself) during the whole term of nine months that I so served.
Witness my
William Bean
Daniel Hunt James Taylor
Essex ss. Marblehead April 11 th 1827
Then the above named William Bean signed the above affidavit & made oath to the truth of the same before me the subscriber, & I the said subscriber hereby certify that said Bean is a man of good credit & of good character for truth & veracity.
James Gregory Justice of the Peace.

I John Teshaw of Marblehead in the County of Essex & Commonwealth of Massachusetts do on oath testify & declare that I am Eighty- six years of age. That I performed a great deal of active service in the War of the Revolution That I was acquainted with Richard Nicks who formerly belonged to this town, & that I recollect that said Richard Nicks joined the Regiment of Colonel John Hovey of this place & marched with said Regiment to Cambridge. I did not belong to said Regiment, & therefore I cannot tell exactly how long said Nicks was in said service.
Witnessed by
Daniel Flint. James Taylor
John Teshaw
Exfer 55 Marblehead April 11th 1827
Then the above named John Teshaw signed & swore to the truth of the above affidavit before me the subscriber, & I the said subscriber, hereby certify that I believe said Teshaw to be a man of truth & veracity, & that he maintains that character wherein he is but known.
James Gregory Justice of the Peace.

Commonwealth of Massachusetts Town of Marblehead April 11 th 1837.
Town Clerks Office
I Richard Homan do on oath declare that I am Clerk of the Town of Marblehead in the County of Essex and Commonwealth of Massachusetts and that I have the custody of the records of said Town and that it appears by said records that Richard Hicks and Mary Burby both of Marblehead were joined in Marriage September 17 th 1772 by Rev. Isaac Story. Rich d Homan
Essex ss
Marblehead April 11 th 1837.
Then Richard Homan the subscriber of the above certificate personally appeared, and made solemn oath to the truth of the same.
Before me,
James Gregory Justice of the Peace
Essex ss Marblehead April 25 th 1837 I the subscriber Justice of the Peace within & for the said County of Essex in the State of Massachusetts, hereby certify & declare that Richard Homan, the above deponent is a credible person, & one whose character for truth & veracity is every way unquestionable.
Attest James Gregory J. of the Peace
The foregoing certificate that the deponent is a credible person

June 27, 1934
XXXXXXXXXXXX
Miss Lila M. Taylor R.F.D. # 1 Reading, Massachusetts
RICHARD NICK W. 15130 BA-J/MLB
Dear Madam:
The data which follow were obtained from the papers on file in pension claim, W. 15130, based upon the Revolutionary War service of Richard Nick or Nicks (both spellings of the name are shown).
The date and place of soldier's birth and names of his parents are not given.
Richard Nick or Nicks at the commencement of the Revolutionary War was a resident of Marblehead, Essex County, Massachusetts, and in order to avoid the exposure of living on a seaboard, moved from there to Reading, Middlesex County, in the same state, where he enlisted early in June, 1775, and served as private in Captain William Bacon's company, Colonel John Glover's Massachusetts regiment, length of service eight months. Early in March or April, 1776, he entered on board the brig, "Tyrannicide", Captain John Fisk, served as seaman and prize master and assisted in taking nine prizes, was taken prisoner and carried to Halifax where he was held about four months. After being released, he again entered on board, date not given, a vessel, its name not stated, Captain Brown, served until he was again captured, carried to New York but soon released, and died August 15, 1781, at Providence on his way to Reading, Massachusetts, his home.
Richard Nick or Nicks married September 17, 1772, in Marblehead, Massachusetts, Mary Bixby; they were both residents of said Marblehead, where their marriage was recorded in the town clerk's office.
Soldier's widow, Mary, was allowed pension on her application executed April 20, 1837, at which time she was aged eighty-five years and residing with a son-in-law, name not given, in Reading, Massachusetts; she was still living there in 1840.

Richard Nick or Nicks and his wife, Mary, had four children, three of whom were living in 1837, place not stated; one child was born before the commencement of the Revolutionary War, and three after the war began; the only names given were - Mary, the second child, born February 21, 1776, and the last child, name not stated, born December 3, 1779.
Very truly yours
A. D. HILLER Assistant to Administrator

Massachusetts 1344
Mary Nick
widow of Richard Nick
who died on the 15 th August 1781 of Middlesex Co. in the State of Massachusetts who was a Seaman in the Tyranicide commanded by Captain John of the commanded by in the Revolution.
Income for Income to $42.77 13mo 22ds 50.35
Inscribed on the Roll of Massachusetts at the rate of 23 Dollars — Cents, per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24. day of Aug. 1837 and sent to S.P.P. Fry by Cambridge, Mass.
Arrears to the 4th of March '37. 138.00 Semi-annual allowance ending 1 st Sep. .. 11.50
$149.50
{ Revolutionary Claim, Act July 4, 1836, Section the 3 }
Recorded by D. Brown Clerk, Book A. Vol. 2. Page 56
See letter to Hon. C. Cushing Oct. 18. 1837 do do Dec 29 1837

Jan to Feb 20, 1777 - Tyrannicide n. 129, vol. 39 R. Hicks
$2 per month -
from Sept. 30, 1776 to Jan 1 1777 same vol see page 117, vol. 39
from July 23, 1776 to Sept. 30, 1776, page 121, vol. 39 page 109. State Brij. Tyrannicide
Telman belonged to Glover's Y. 1776 see vol 27 page 207
Capt M c Telman with Glover's Y. in W. Ben out 1775
 1000 21  3  2 7 ||||   6 27 6. 25  5 7 6. 27   11 27 13. 22  1 25   $ 13. 22 

Marblehead Aug 31 st 1840.
Honored Sir, -
Mrs Mary Nick widow of Richard Nick, deceased, who resides in the town of Reading in this State, & who, together with her late husband, formerly belonged to Marblehead, - has recently sent the undersigned the accompanying Affidavit of Nathaniel Upton, relative to the service of Nick in the Revolutionary War, desiring me to make such use of it as might enable her to obtain an increase of her pension.
Mrs N. is pensioned to the amount of $ 50.33 per annum, under the 3 d section of the Law of July 4 th 1836, & by a memorandum of Judge Fay - an imperfect one - forwarded with the affidavit, I am inclined to think that the service sworn to by Upton is, in part at least , for the same service that she is already pensioned for.
Judge Fay was her agent, & it appears by the memorandum aforesaid that part of the pension is for service on board the same vessel named in the affidavit, performed soon after the land service in Glore's Regiment at the Siege of Boston.
There is however a greater length of service set forth in the affidavit than the six months.

months & 28 days Naval service alluded to by Capt. Gray. Then again the affidavit affirms that Nick was a Boys Master on board - in which latter capacity his wages could not probably have been less than $10 or $15 per month, & six months & 28 days service in this capacity, would, I believe, have given the widow - at the smallest sum named per month - between $60 & $90 per annum for the Naval service alone . If Nick served as long as Winton asserts - as Boys Master - she must of course have been entitled to still more for this Naval service .
As the widow lives some distance from the writer, & that it would be inconvenient to have a supplemental Declaration taken in the present aspect of the claim, I have thought the Department could not, under the circumstances named - have any objection to comparing the affidavit - unauthenticated as it is - with the Record of the Immense Service among the Massachusetts Documents, & returning it to the writer with such information as near the comparison might show as agreeing with the Records. Such comparison, information & return of the affidavit is respectfully solicited.
James L. Edwards Esq. Commissioner of Pensions, Washington, D. C.
(I am, very respectfully, Your Honor's obed. servt. James Gregory)

Dr. pay June 5 Aug. 18.
Mary Nick, widow of Richard Nick Seaman, of the Hyrannicide
$23 per ann.
Mas. Rd. send Cert: to S. P. P. Fray, Esq. Cambridge
Mas.

June 27, 1934
XXXXXXXXXXXXX
Miss Lila M. Taylor R. F. D. # 1 Reading, Massachusetts
JACOB AMES, S. 20280 RICHARD NICK, W. 15130 RA-J/MLB Ames
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Edmund Bancroft (wife, Sarah), of Reading, Middlesex County, Massachusetts; Jacob Ames (wife, Lucy), of Wilmington, Middlesex County, Massachusetts, and Richard Nick (wife, Mary), of Marblehead, Essex County, Massachusetts.
Revolutionary War data furnished by this office are obtained from claims for pension and bounty land made to the United States based upon military service of soldiers in that war.
A careful search of the records fails to show such claims on file on account of the Revolutionary War service of an Edmund Bancroft, under any spelling of the name. Only one record each was found for Jacob Ames and Richard Nick or Nicks and those records are furnished herewith.
It is suggested that as a possible means of securing information in regard to the military service of soldiers of the Revolutionary War, you apply to the Adjutant General, War Department, this city.
Very truly yours
A. D. HILLER Assistant to Administrator

1934 June 27 - Huf to Miss Lila M. Taylor (See letter in clu of Jacob Ammer, D. 20 280) — MLB.
Reef WIDOW, &c.
File No. 15138
Mary Nick Widow of Richard Nick Seaman Rev. War
Act: July 4 th 1836
Index: Vol. 11 , Page 86
[Arrangement of 1870.]

Commonwealth of Massachusetts.
Secretary's Office Boston Decemb. 9. 1837.
I hereby certify that the name of Richard Neck appears on the Muster Roll of the Company under the command of Capt. William Bacon in Colonel Glover's Regiment - and it is stated he served as a Private a. 25 One month and twenty five days.
In testimony whereof I have hereunto affixed the Seal of the State in my official custody.
John P. Bigelow
Secy of the Com'tee

Payment to be made at Boston
by J. K. Simpson, Esq. Agent for paying Pen= sions in the Agency of Mass.
Recorded in the Pension Office, in Book 1, Vol. 2, Page 56 by D. Brown
Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the 3d section of the law of the United States of the 4th July, 1836, Mary Nick of the State of Massachusetts widow of Richard Nick who was a Seaman in the War of the Revolution
is entitled to receive Twenty three dollars and cents per annum, during the time she may remain unmarried, commencing on the 4th of March, 1831, and payable semi-annually, on the 4th of March and 4th of September.
Given at the War Office of the United States, this twenty fourth day of August one thousand eight hundred and thirty-Seven.
W. B. Poinsett
Secretary of War.
Examined and Countersigned. S
J. L. Edwards
Commissioner of Pensions.

Aug 23 Ms
J. L. Edwards esqr Comm n of Pensions Washington D.C.

Cambridge Aug t 17 th 1837 -
Sir - On returning home after an absence of some days I find your letter of the 5 th inst. relative to Mrs. Nick's application for a pension. You observe that all the rolls, on which there was any probability of her husband's name being found had been carefully examined & no evidence found. I confess I was much surprised & disappointed at this information, as from her statements & that of others, I could not entertain the slightest doubt of the land service stated in her application - altho' he had removed to Reading about the beginning of the war, yet his acquaintance must have been altogether with the citizens of Marblehead & it therefore seemed probable he would enlist in one of the companies of Glover's Regt. & I gave you the names of the Captains in that regt. as they were reported to me, with a request that those rolls might be examined. I presume these are the rolls alluded to as having been carefully examined. It is possible that Richard Nick might have enlisted in the companies of Bridg's regt. which went from Reading & the neighborhood - namely - Captains Batchelder's - Capt. Jn o Ford's, or Capt. Eben o Bancroft's. It will be doing no more than justice

With reference to this woman's application, I think, to look at these rolls, if they have not yet been examined for this purpose — If the name cannot be found on these rolls, or perhaps on the roll furnished by Mr. Holloway of Lynn sent to the Department by Mr. Baldwin, I see no use for her seeking further — She is incapable herself of going abroad to seek evidence, & can pay no one else for doing it — What I have done in the matter is merely for charity, and I see no alternative for her but to accept what on the evidence furnished you at the Department she may be entitled to — I have neither seen or heard from her since the receipt of your letter but I have no doubt it is her expectation, that the department will forward a certificate upon the evidence furnished by her for the Department.
Yours Obed' Serv't J. P. Day

July 18
J. L. Edwards esq. Commr of Pensions Department of War Washington D.C.
Can
Mary Mack
July 1836

Cambridge July 14 th 1837 -
Sir - Mr Fiske Register of Probate has put into my hand a letter from yourself relative to the application of Mary Nick widow of Richard Nick for a pension. Stating that the name of the Captain under whom he served in 1775-6 was necessary to the investigation of her claim - Mr Fiske referred to me, as having taken the declaration of Mrs N
I have seen her - She says she remembers nothing of the names of the officers under whom he served on shore, & thinks she never knew them - That she saw him but seldom & for a day or two only from the time he enlisted until his death in 1781 - His service was chiefly at sea, & he talked more of that, as more marked by incidents of an interesting nature, than his service on land. She remembers with perfect clearness the circumstances, & facts detailed in her declaration, as to his service on shore, as well as many not there mentioned - one of which was his being in the hospital several weeks undergoing a surgical operation there - of her visiting him while at Cambridge, & spending a few days at the house of a family well known to me to have resided there at the time - A Mrs Bean whose deposition accompanied her declaration, states as I understand, that John Selman was the captain, under whom
A. The recollection distinctly his coming home after enlistment & bringing seven dollars, for a month's pay (in currency I suppose) to her going 3 miles to an adjoining barn to lay out the money in stores for the family.

whom he & Nick marched to Cambridge whether he states this fact in his Deposition or not I do not know - The deposition was taken by a magistrate, who probably was not well informed as to the facts, it was necessary to state, beyond the actual service of Nick - It is noted Mrs Nick's story right - she then family were removed to Reading from Marblehead, about the commencement of the war to avoid the expense of living on the sea board - that her husband being driven from his occupation as a fisherman went from home, then at Reading, to enlist, accompanied by one Samuel Legro - she supposes he would be likely to enlist with the Marble head companies, as being acquainted with them, & has little doubt he was in Col. Glover's regiment - I not found in Capt. Selman's comp y , his name will probably be found in some comp y of that reg t . comp y rolls, Hapkins names & if they are arranged to their proper regiments, as I presume they are, it would take but a few minutes to ascertain the fact - He went immediately, or with a very short interval from the land to the sea service, probably the com- mencement of his service on board the Tyrennuide was the termination of his service on land
I will take the liberty to add my testimony, that from the information of several of the most respectable persons in the neighborhood, where she has constantly resided since 1775 she bears a most unexceptionable character - and I found her very intelligent & clear in her recollection of early events - and so far as she has stated facts positively, it was impossible to entertain any

doubt of their truth - Her case is also of peculiar merit inasmuch as she lost her husband in the service of the country & was left with a young family of children. She is also poor, & dependent on a son a lawyer, whose means are quite moderate - Very few men rendered more effectual service than her husband in dislodging the common enemy, & aiding the cause of the country - Should his name not be found on the roll of Capt. Selman's comp y it is not inconsistent with the means or rules of the Depart- ment to make further search, perhaps it would be well to inform me of it, so that the friends of the old woman may get the member of Congress for the District to examine the rolls, & procure it to be done, so that she may obtain that bounty, which the act of Congress intended for her - For myself I cannot help thinking, that her own declaration as far as it goes, as to the period of her husband's service in 1775-6 is entitled to full credit & corroborated as it is, by Bean's deposition. Should be the foundation of a pension -
Yrs Obed t Serv t J. P. P. Fay
N.B. Mrs. Nick is now quite sick & it will be a great favour for her to get what is entitled, with as little delay as possible. -

Aug 1 st 1872
J. L. Edwards esquire Commissioner of Pensions War Department Washington D.C.

Cambridge July 27 th 1837-
him. I duly rec d your favour of the 20 th inst. stating that the name of Richard Nick is not on the roll of Capt. Selman, - I believe I wrote to you that I understood W m Bean to say that Nick was in that company - This I understood not from Bean, but from the person who enquired - I sent to day to Bean who is probably in his last sick- ness to make a second enquiry - Bean told the person who called on him - that he did not mean to be understood that Nick was in Selman's company but that he was himself of that company & Nick was on the march with him, & encamped near him - but he believes he was in a Marblehead Com- pany - and I think there can be little doubt of it - I find by a search in the office of the Secretary of the Commonwealth a book containing the names of soldiers to whom bounties were paid by the different towns - Among them I find the name of Richard Nick as having rec d  the bounty - from Marblehead but for what time or service does not appear.
This leaves little doubt in my mind that he was in Glover's regiment - Another reason is that (as his widow says) he entered the sea service in 1776 - and I have understood from the old men

from that neighborhood. That Glover's regiment being composed of fishermen chiefly, from Marblehead & wholly from the sea board that Volunteers were solicited to leave that Regt and the Spring Summer of '66 & enter the marine Service. & that a great many did so, as preferring the latter to this meeting the wants & wishes of the Commander in Chief, &c - I presume Nick enlisted into the Small Service which I believe terminated with the year 1775, & then enlisted for the next year, & during the latter period, exchanged the land for the Sea Service at the solicitation of his Govt -
The names of the Captains in Glover's Regt , as me collected by Bean, at the commencement of the Small Service were as follows - John Selman Thos Grant - Wm Lee. Wm Blacklee. Wm Curtis - Jos Smith. Jno Merrill all of Marblehead.
& Francis Simonds of Salem & Danvers - I presume the rolls are so arranged that they can be instantly referred to, & a check in a very few minutes wd run thro' the whole of them - As this poor widow can have no access to these papers to supply the defect in her own knowledge, or loss of memory. I think it is not too much to ask, that these rolls may be examined to find her husband's name - Even these may not supply the whole Service, as some of their Capt- ains were soon promoted, or left the Service before succeeded - but that

he was in service on land until he entered into the sea service in 1776. the widow I think states positively in her declaration & about which I think she cannot be mistaken - The poor woman is now sick, & I hope a little delay may interpose be- tween the receipt of this, & the issue of a pension certificate, for such period of service as may be found to result from her declaration & the documents at the office - Please forward to me the re- sult of farther examination & the certificate or to Isaac Tisdale Esq. Reg d of Probate East Cambridge - Yr Obed t Serv t
J. M. Day
To J. L. Edwards Esq. Comm r of Pensions &c

I Nathaniel Upton now resident in Stoneham in the County of Middlesex and State of Massachusetts but who formerly lived in Reading in said County being upwards of eighty five years of age do depose and say that about the middle of May 1776, as near as I can recollect, I engaged in the Naval Service of the United States in the Revolutionary War in a Sloop of War of sixteen guns - of six pounders, commanded by John Siske, the name of the Sloop was Sylvania and early in June we set sail from Salem in the County of Essex and State of Massachusetts and after we had been out three or four weeks we fell in with an English Schooner by the name of Halifax mounting sixteen guns six pounders and had an engagement with her for two hours and about forty minutes when we took her and brought her in to Salem as a prize, immediately afterwards we went out again and had been gone a little time, exactly how long I do not now remember, and fell in with and took another prize and brought that in also, And immediately went out again the third time and took a third prize and brought that in also. During which last voyage we sprang our mast. After the three trips our Sloop was in the foreport of September, 1776 altered into a Brig  of the same name  Brig , also at the last of September 1776 we went out on another cruise and fell in with a new ship of 500 tons with a cargo valued at a hundred and forty thousand pounds sterling, which we took and was bringing her in, When we fell in with a British Frigate called the Milford of 45 guns who retook our prize and gave chase to our Brig , but we had the good fortune to escape. In November following we took a British ship and a Bark and sent them in, Then we set sail for Martinico and agreeable to a memorandum kept arrived there on the 29th of December 1776 and left that place the fifth of January 1777. and then took a Brig and we came to anchor at said Salem on the twenty third day of February 1777. Having been in the service a little more than nine months. During the which time I was well acquainted with Richard Nick of Marblehead in said County of Essex who was in the Sylvania with me and performed performed service therein all the time excepting he was once sent in with one of the prizes, we took, as prizemaster , but I do not now distinctly recollect which one of the prizes it was.
Stoneham March 17 th 1840 Nathaniel Upton
State of Massachusetts ss I hereby certify that on this seventeenth day of March in the year of our Lord eighteen hundred and forty Nathaniel Upton above named personally appeared and made oath that the facts stated in the foregoing Deposition by him subscribed were true and I further certify that said Nathaniel Upton is a credible witness Before me Joshua Prescott Justice of the Peace

Cambridge Dec 11 17837 —
Wm. C. Cushing Dear Sir - I duly recd your letter of the 11 th ult o with the enclosure, which I now return to you, having by accident discovered some further evidence of Nick's Service - It is well known that the rolls in the Secy of State's Office here were imperfect, when sent to the Pension Office, & will probably remain so, after adding to them some which have been recently discovered by accident, among the military rolls of the war of 1756. The rolls discovered are chiefly relate, I believe to the 1 st eight months Service & are mostly of the Essex Troop. Among these is a roll containing Richard Nick's name written Nick, in Capt W m Bacon's company of Col o Gloyne's reg t made up to Aug 1 st in which he is set down for one month & 25 days from the da y of his enlistment as to time early in June which corresponds with the declaration of Mrs Nick - I presume his name will be found also on Bacon's rolls after that time to the end of the year if Bacon continued in Command so long. His substitutes were W m Mills, T h Hunt, Seward Lee. 2 L t whose names I give, as possibly having succeeded to the command of the Comp y , if Bacon resigned or was promoted before the end of the year - The enlistments were I believe at that time for 8 months or to the end of the year - At the close of the year the men were enlisted for another year, and there can I believe be no doubt of the fact, if you refer to the positive statements of the widow in her de on & the circumstances therein mentioned, that Nick re-enlisted into some company, & remained until he voluntarily exchanged the land for the sea service, at the dismission of his officers. I have been told that Gloyne's reg t which was composed chiefly of seamen from Marblehead, was drawn up, probably in the Spring or Summer of 1776 & volunteers invited to go into the public service at sea - I cannot doubt from the positive statement of the widow, whose memory is clear on the subject.

fact that Nick continued in the  was absent from home from the time of his enlistment in the land force until he went to sea except perhaps for a day or two on furlough when he visited his family - Now, they have found his service on board the Tyrannicide , & the commence no doubt of that service was, the termination of his service on land - And considering that she scarcely saw him until the time of his death (in 1881 I believe) it would not be expected that she should remember the names of the officers & ships in which he served - But as she remembers distinctly his absence in the service, & is corroborated by the testimony of Parker & Bean as to his land service, I can see no good reason for doubting the fact, or for refusing to allow all the time from his enlistment in Bean's company to the end of his service in the Tyrannicide - After that time, it is possible that he served in privateers all the time, altho' more probable that he was at least a part of the time in the public service, from the record which I saw in the secretary's office of a bounty paid him after 1776, as I believe I mentioned to you in my former letter -
You observe in yr. letter in reference to what I had stated in my letter that "there was but one vessel bearing the name" Tyrannicide - I did not mean to say that there were two vessels of that name but that the same vessel was changed from a slough  sloop to a brig (I think) & that that circumstance might be material to be known, in making the search - There are many vessels, public & private fitted out in Salem, as I find by a list now in the secretary's office. I should infer from men's written against them, that some of the private ships were occasionally employed in the public service for single voyages, (probably for the transportation of stores & men) I should think, if it were convenient to make the search, that Nick's name would be found in some of them - But the rolls are at the pension office W - & unless some clerk would undertake for a contingent fee to run over them, it would be best to abandon that portion of time - Nick was a substantial man, I bet in one or more vessels as prize master,
which

perhaps would render it rather probable he was engaged in privateers a part of his time — A Lieut. David Parker a respectable man in Reading, who is now a pensioner, & was with Nick both in the Land & Sea-Service. Since he gave a Dep n in Mr. Nick's case, stated to be son in law, that Nick served with him in 1776 in the Tygeride then a Sloop, & afterwards in the same vessel rigged as a brig. That in these 2 voyages they took nine prizes — John Nick was commander in the both voyages but the S d Lieut. David Parker stated — He also stated that there was delay, or difficulty in granting his pension for the whole time owing to the confusion, as he understood, or inferior from the change of the vessel from Sloop to brig & think some additional statement or explanation was forwarded on the subject to the Pension office — It might perhaps be worth while to look into his papers —
I hope you will not be annoyed at this almost interminable letter, but have patience with me for the sake of the deserving Mr. Pick -
I beg you Mr Edwards to understand that I have never allowed my deft. to be employed as an atty in these applications, but have been drawn into this case somewhat accidentally, by the circumstance of Mr. Fick the Reg. of Probate handing over to me the first letter of Mr Edwards relative to this claim. Upon my having drawn the declaration for the old lady, the one which had been prepared for her by an attorney in Salem on information furnished by her son in law, being defective and so full, as it seemed to its originator, when I went to her residence to administer the oath to
By: Albert Lort L. M. Day
The pension cert t has never been in the hands of Mr Wick. Nothing has been rec d on it
P.S. I forwarded to the Pension office the names of as many of the Captains in Flowers Regt. as I could learn from Rev. D. D. soldiers, but Captain Bacon's name was not among them - I now give them as they stood on the 1 st of Aug. 1775 as appears by the rolls recently

His cover - by Joel Smith. Wm Blackler. his merit. Phil. Selman. Thomas Friend. Nicholas Pennington. Wm Smith Wm Mason. In office - Thomas Frank - Wm Bower. Subbing Wm Smith, I think he is the
To Hon. Caleb Cushing M.C. Washington D.C.