Revolutionary War Pension and Bounty Land Warrant Application File S. 29,347, for Stephen Newell, Massachusetts

SERVICE
NUMBER _____
Hiace
Newell, Stephen
L 2 9 3 4 7
CONTENTS

15879 Massachusetts
Stephen Newell
Enlisted in the State of Mass. who was a S er t in the Company commanded by Captain Butcher of the Reg t commanded by Col. Wood in the Mass. line for 13 months & 15 days 3 " Sergeant
Inscribed on the Roll of Massachusetts at the rate of 60 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 th day of Aug. to Sgt and Genl. Widow Abigail Newell arrears to the 4th of March 1833 $ 12.00 Pension allowance ending Sept.  30.00 $42.00
Revolutionary Claim, for June 7, 1832.
Recorded by Henry A. Brown Clerk, Book E Vol 2 Page 59
74 Mass

Stephen Knapp
papers —
No 8081.

born now deceased of Massachusetts County of Worcester.
On this 3 rd day of August in the year of our Lord one thousand eight hundred & thirty two personally appeared before the the Hon ble Judge of Probate for the County of Worcester -
Stephen Knowl a resident of Shurton in the County of Worcester, & now deceased of said County, aged Seventy two years, who being first duly sworn, according to law doth on his oath make the follow- ing declaration, in order to obtain the benefit of the provision made by the act of George passed June 7 th 1832. That he enlisted in the army of the United States in the year 1777 - some time in May of that year, & served two months as a soldier in the militia. He was stationed at this time at Providence & Greenwich. Does not recollect the name of his Captain, his Service was in the County of Washington in said County - He then enlisted for three months and a half some time in August 1777 with Capt. Abel Maw was at Saratoga at the taking of Bennington & served at this time three months & twenty three days as will appear by said his application for a pension Mason's Roll, which will be sent with his application for a pension - Genl. Warner was my Brigadier General. He next enlisted in 1778 & served three months, in the months of April, May

I served during that year under Capt. Penniman of Sutton in Berkshire. At this time he served as Sergeant and was stationed at Pictouland in said County of Worcester, for the purpose of guarding the prisoners of the enemy. I then next en- tered for eight months & served out that period in the year 1778 & 1779 in the Com- pany of Capt. Batchelder & regiment under the Command of Col. Wood - of Upton in said County was stationed in various parts of the State of New-York - given, at Pittsfield & other places to watch the movements of the enemy that he served in all sixteen months & a half -
I was born in Hudsbridge on the last day of June 1760.
A record of my birth is in the Records of the town of Hudsbridge aforesaid -
I have always lived in the town of Hud- bridge where I now live -
The names of the officers I have mentioned. I always stayed the terms out where I enlisted, and was regularly discharged, but do not recollect that I had any written discharge in any of the cases. If I had, I have lost them. In all the cases aforesaid I served in the militia -
The Rev. Samuel S. Clark, one of the chur- gymen of Hudsbridge, & James Lamb Esq. can testify as to my character for veracity & their belief of my services as a soldier of the revolution. Stephen Newell
Sworn to & subscribed the
Day of year aforesaid
Before Nathl. Stone Judge of Probate for the County of Worcester

He hereby relinquishes every claim whatever to a pension or an annuity up until the present. & he declares that his name is not on the pension roll of any agency in any state -
Stephen Merrill
We Joseph S. Clark, a clergyman residing in the town of Stratbridge of Oxford, & James Lamb residing in said Stratbridge, hereby certify that we are well acquainted with Stephen Merrill who has subscribed to the above declaration, that we believe him to be of the age of seventy two years, that he is respected & beloved in the neighborhood where he resides, to have been a soldier of the revolution and that we concur in that pension -
Joseph S. Clark James Lamb
Worshipful May 11. 1832 Then personally appeared the above named Joseph S. Clark & James Lamb & made oath to the truth of the above affidavit by them submitted -
Before me George Davis Justice of the Peace

And the said Courts do hereby declare their Opinions, that after the investigation of the Matter, and after putting the Interrogatories presented by the War Department, that the above mentioned Applicant was a revolutionary Soldier and served as the States, and the court further certifies that it appears to them that Joseph T. Clarke is a Clergyman resident in the Town of Sherbridge and that Jacob Lamb Esq. who has signed the same is a resident in the Town of Sherbridge and an credible Person, and that their Statement is entitled to credit.
NATHAN JAMES Judge of Probate for the County of Worcester
Stephen Newell Seal of Court
I Theophilus Wheeler Register of the Court of Probate for the County of Worcester in Massachusetts do hereby certify that the foregoing contains the original proceedings of the said Court of Probate in the matter of the application of Stephen Newell for a pension and that George Davis, Reuben Child and Edward Phillips before whom the annexed affidavits were made are justices of the Peace in & served County of Worcester, in full credit.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court of Probate this 5th day of September in the year of our Lord 1832
Theophilus Wheeler Register of the said Court of Probate

I Nathan Brown of Southbridge in the county of Worcester and commonwealth of Massachusetts of lawful age testify and say, that Stephen Newell, now of Shutesbury in said county was a private soldier in the company of Militia commanded by Capt Abel Mason in Col Job Cushing's Regiment of Massachusetts Bay Militia and that since, Stephen was engaged as a pri- vate in said company in the service of the United States from the 13 th day of August AD 1777. till the 30 th day of Nov. of the same year - that said company was at the taking of Burgoyne and that since Stephen was there and was engaged in actual service during the whole of said time from the 13 th day of Aug. 1777. till the 30 th day of Nov of the same year - That I was a private in said company and was with said company and from my own personal knowledge know that said Stephen served as aforesaid. - and further say not C Nathan Brown
Worcester 23 June 1832
Then personally appeared Nathan Brown, and signed the foregoing deposition and made oath that the same was true and I hereby certify that I am acquainted with the deponent and that she is entitled to full credit before me
Linus Child Justice of the Peace

I Samuel Skumway of Shurton in the county of Worcester & hereunto my oaths of Massa- chusetts & lawful age testify as say that Stephen Merrill of said Shurton was with me in a company of which I am the leader of Shurton in said county, near but except in the month of April or May 1778 and also in June of that year for the term of two months - We were together at Providence & Greenwich - I recollect that said Merrill served two months at this time. I recollect there was a man by the name of Heath living at Providence at time -
Samuel Skumway
Worcester J. Aug. 11. 1832 Then the above named Samuel Skumway personally appeared & made oath to the truth of the above affida- vit by him subscribed - I certify that the said Skumway sustains a good character for truth -
Before me George Davis Justice of the Peace

Worcester Jb. Sept. 5. 1832. I certify that I am acquainted with the within named John Blan- chard, & that he sustains a good character for truth — George Davis Jr Paris —

I John Blanchard of Sherbridge in the County of Worcester and Commonwealth of Massachusetts of lawful age testify and say that Stephen Newell now of Sherbridge in said Worcester County was a Sergeant in the Company of Militia commanded by Captain Pinniman and was engaged in the service of the United States as a Sergeant at Rutland in the county of Worcester from the first day of April 1778 to the first day of July of the same year. That said Company was stationed at Rutland as a guard to the prisoners who were taken at the time Burgoyne surrendered his army in 1777 and that the said Stephen Newell was engaged in actual service during the whole of the time aforesaid from the first day of April 1778 to the 30th day of June of the same year. and that I was a private soldier in said Company and was with said Company and from my personal knowledge know that said Stephen Newell served as aforesaid - and further say not
John Blanchard
Worcester S.S. July 21 st 1832
Then personally appeared John Blanchard and signed the foregoing deposition and made oath that the same was true
Before me
Edward Phillips Justice of the Peace

I Thomas Merrifield of Haveridge in the County of Worcester & know more west of Massachusetts, I can feel eye truly & say - I enlisted in Capt. Batehelson's Company of Militia with Stephen Merrill & said Haver- bridge in the spring of the year 1778. That we marched together from Haverbridge into the state of New York, & were stationed at various places in New-York viz. at Pitsfield Horse-creek & other places. I am knowing to said Merrill's services during the sum- mer & autumn, & that I left after serving seven months or about seven, in consequence of ill health, it being about a month before this term of service expired, & that said Mer- ill remained in said Company when I left. It was cold weather when I was discharged - Gen. Nixon was our General at this of which I speak - Thomas Merrifield
Worcester fr. Aug. 11. 1832 Then the above named Thomas Merrifield personally & made oath to the truth of the above affidavit by him subscribed in my presence - I certify that the said Merrifield sustains a good character for truth Before me George Davis -

I Eleanor May of Brookfield in the county of Worcester and commonwealth of Massachusetts, of lawful age do hereby certify and say that Stephen Merrill of said bridge in said Worcester county was a private soldier in the company of Militia commanded by Captain Abel Moson in Colonel Job. Cushing's Regiment of Massachusetts Bay Militia and that said Stephen was engaged in the service of the United States as a private soldier in said company from the 18 th day of August A.D. 1777 to the 30 th day of November of the same year - That said company was at the taking of Burgoyne and that said Stephen was there, and was engaged in actual service during the whole of the time aforesaid from said 18 th day of August 1777 to the 30 th day of Nov. of the same year. That I was a corporal in said company and was with said company, and from my own personal knowledge know that said Stephen served as aforesaid - And further say not Eleanor May
Worcester ss. June 23. 1832
Then personally appeared Eleanor May and signed the foregoing deposition and made oath that the same was true. I certify that I am acquainted with the deponent and that she is entitled to full credit before me -
Levi Child Justice of the Peace

Stephen Merrill papers 1808 MS A 9. 2. 81
Worcester ss. Commonwealth of Massachusetts I Theophilus Wheeler Register of the Court of Probate for the County of Worcester, do hereby certify that the rule for connecting the papers relating to the Pension cases by ribbon or tape under the seal of the Court before which the same were examined, was not known, when my Certificate of the 5th of Sept last was made - I now so connect the papers, as the original papers, as the original proceedings of the said Court, in the matter of the application of Stephen Merrill for a Pension.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Probate Court this second day of April in the year of our Lord eighteen hundred and thirty three.
Theoph l Wheeler Register of said Court.

8081
Stephen Newell
Sept 3 Months Puts 13-15 days 16 137 16 06
March 22 1833
P 311
43.35 1.67 45.00 15 60
George Daves Stanbridge Mass

BRIEF in the case of  Stephen Merrill  of  Sturbridge  in the State of  Mass;  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge?  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy two 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.     enlisted In 1777 may 2 (not recorded)   1777 aug 3 20 Capt Mason, Genl Warner   1778. apr 3 Sergt Capt Penniman.   1778 8 Capt Batchelder, Col Wood    (says he served in all sixteen months and a half)
 5. In what battles was he engaged? (taking of Bennington)  6. Where did he reside when he entered the service? Sturbridge  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? et Clergyman & Lamb certify to traditional evidence. Nathan Brown, Saml Shumway. John Blanchard. Nathan Merrifield. Living witnesses. also by Eleanor Brockwell.  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.
OKuch Examining Clerk.

29 247 Very INVALID.
File No. 29, 247
Stephen Newell
Sergt Rev War
Act: June 7 th 32 nd
Index:—Vol. 9, Page 296
[Arrangement of 1870.]

8081
Stephen Newell
Am a
George Davis L Newbridge Worps

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Stephen Merrill which require further proof or explanation.
I. Does the declaration show where the applicant resides? my II. Did the declarant make the declaration in the county where he resides? my 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? my 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? my VI. Has he given the names of the officers under whom he served, in conformity with the regulations? my VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? my VIII. Has the Court given their opinion? my IX. Has the Clerk given his certificate? my 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? my

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? my 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? my 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? my Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? my 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? my 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? annexed
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 shown 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.