Revolutionary War Pension and Bounty Land Warrant Application File W. 23768, John Capell, Mass.

SERVICE
NUMBER
Mass.
Capell, John Mary
W. 23768
CONTENTS

5428
Mary Bapel
Mass.
abt 7. July 38
Not on the roll of either Capt Fayer Vol 12 p 20. Not on - 75 - (Capt Cook)
m 78. a 18-
Secy of Mass. 75. pri 8 mo.
adm
8 mo. pri
$26.66
no deduction
Isaac Fiske
Cambridge

Commonwealth of Massachusetts. Middlesex County ss. On this seventh day of May, in the year one thousand eight hun- dred & thirty nine, personally appeared before Samuel N. Hay Judge of the Court of Probate within & for said County, Mary Capell, a resident of Groton in said boun- ty of Middlesex aged eighty five years, Who being first duly sworn according to law, doth on her oath make the follow- ing declaration in order to obtain the Benefit of the provision made by the Act of Congress, passed July 7 th 1838. en- titled, "An act granting half pay & pensions to certain widows: that she is the widow of John Capell, who was a private & an artificer in the Army of the Revolution, that he entered upon said service from the town of Cambridge, on the ever memorable 19 th of April 1775. and was in the battle, on that day at Lexington, and there had the heel of one of his shoes shot off, that he con- tinued in said service from that day, in Cam- bridge & the vicinity of Boston till about the month of August 1776, and was in the battle of Brander Hill June 17. 1775, in the Continental army commanded by Capt. Phinehas Cook, of which one Dana is believed to have been a Lieu-

tenant, in Col. Gardner's Regiment; that he then, viz, about August 1776 march to Sionderoga, in the State of New York, and there served in the Corps of Artificers till on or about the 1st of De- cember 1776, where he acted, and received pay as a lieutenant, though it is believed he received no Commission: and for proof of these services, she relies upon the depositions herewith an- nexed, & upon the rolls in the War depart- ment.
She further declares, that she was married to the said John Capell in the month of December 1776, immediately after his return from the service at Sionde- roga, by W. Booper Pastor of the Church in Brattle Street, Boston, her maiden name being Mary Perkins, but of the mar- riage she believes no record is to be found, nor has she any family record thereof:- that her said husband, John Capell, died at Groton, on the 27th day of February A.D. 1818: that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January seventeen hundred ninety four, viz, at the time above stated.
Mary her X Capell mark
Subscribed & sworn to in open Court the day & year first above written, before me - J. P. May Prob for D o County -

I Joseph Blood of Groton, in the County of Middlesex & Commonwealth of Massachusetts, aged fifty six years do depose and say, That John Capell, late of said Groton, deceased, with Mary his wife & a family of six children moved into Groton aforesaid about the year 1793, and he remained in said town to the time of his death, which happened Feb. 27 1818. That I was well acquainted with said Capell & his said family ever after he came to Groton and have often heard him recount his services in the Revolutionary War; - he said he was in the pursuit of the British from Concord through Lexington & Cambridge on the 19th of April 1775 and he once showed me the spot, where the Americans, he being one of the party, fired from behind a wall and killed a number of the enemy; that he was also in the battle of Bunkerhill, that he served several months as an officer at Ticonderoga in the year 1776.
I further depose and say, that it was always understood by the neighbours and inhabitants of Groton generally, that said John Capell was a soldier in the revolutionary war as abovementioned;

I further testify and say, that said John Bapell & Mary his wife, lived together as hus- band wife, and besides the six children above mentioned they had four daughters after they came to Grooton. I lived sixteen years before his death within half a mile of his dwelling. I never heard any the least doubt, or suspicion, that said John & Mary were not legally married; or that said John was not in the revolu- tionary war, as above stated.
I further depose, and say, that I once bought a gun of said Bapell, which he said he brought from Tienderoga, having been picked up on a field of bat- tle at that place, & being an English Insee. Joseph Blood
Middlesex ss. May 6th 1839. Then personally appeared before me the subscriber a justice of the Peace within and for said County of Middlesex, the above named Joseph Blood, and made oath that the foregoing affidavit by him subscribed is true. And I do certify that said Joseph Blood is a person of veracity, and entitled to full credit & belief in the premises.
Caleb Butler Just Peace

I William P. Matchett of Brighton, in the County of Middlesex and Commonwealth of Massachusetts, aged sixty five years, Do Depose & say, That I have known Mary Capell, widow of John Capell of Groton, state & county aforesaid, from my childhood, & that she has always sustained a most exemplary character, & on whose veracity full reliance may be placed. Her maiden name was Perkins, & is sister to the late Col. William Perkins, who was in service during the whole revolutionary war, in the Massachusetts line. She has never been married since the death of her late husband John Capell. I further Depose & say, That I have known the said Capell from my earliest youth, to the period of his death, & have often heard him relate his suffering and privations while in service in the revolutionary war, & have always believed him to have been actively engaged in the earlier stages of it. I ever considered him a man of strict veracity.
I also Depose & say, I have often heard my (now deceased) mother speak of the marriage of the said John & Mary by Dr. Cooper of Boston, which took place the last of December 1776, & it is believed she was at the wedding, being a relative & intimately acquainted.

I also Depose & say, that I have seen a few days since at the Pension Office in Boston, among some military papers recently discovered & placed there, a Return of Capt. Phineas Cook, of Col. Gardner's Regiment, of the men belonging to his Company, & the name of John Capell is among them - said Return bears date: Cambridge October 6 th 1775.
W m P. Metcalf
Meads
On May 15, 1899, Personally appeared the above named William P. Metcalf, who is a man of respectability & veracity & entitled to credit, & made oath that the foregoing affidavit by him subscribed was true.
Before me Nathl. P. Whitney Justice of peace.

Commonwealth of Massachusetts Middlesex County ss
I Isaac Pitke Register of the Court of Probate in and for the County of Middlesex and Commonwealth aforesaid hereby certify that Saml P. May Esq in the judge of said Court of Probate & that his signature written on the foregoing Paper is his genuine signature; - I also certify that Caleb Butler Esq is a justice of the Peace within and for said County of Middlesex duly commissioned and qualified & that his signatures written on the foregoing Papers hereto annexed are his genuine signatures.
I further certify that Nathaniel M. Whitney Esq is a justice of the Peace within and for said County duly commissioned and qualified & that his signature written on this paper is his genuine signature.
In witness of all which I have hereunto set my hand and affixed the seal of said Court of Probate this fifteenth day of May in the year of our Lord Eighteen hundred and thirty nine.
Isaac Pitke Reg.

2736 Massachusetts
Mary Capell widow of John Capell Mass who was a Private in the Mass line for 8 months
Inscribed on the Roll at the rate of 26 Dollars 16 2/3 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 16th day of Nov. 1843 and sent to Waleb Cutter Groton, Mass
[Act of March 3, 1843.]
Recorded in Book 6 Vol. 1. Page 39.
Pen Nov 16

Rev
WIDOW, &c.
File No. 23768
Mary Capell wid of John Capell Pr. Mass Line
Act: March 3d 43
Index:—Vol. A , Page 191
[Arrangement of 1870.]

4519 Massachusetts
Mary Capell ~ widow of John Capell, dec d
who was a pensioner under the Act of ~ ~ ~ and who died on the 27 Febr y 1818 ~ of Middlesex in the State of Mass who was a private in the Com y commanded by Captain Cook of the reg t commanded by Col Gardner in the Mass. line for 8 months.
Inscribed on the Roll of Mass. at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 4 th day of Nov r 1839 to untitled Isaac Fiske Cambridge, Mass
Arrears to the 4th of Sept r 1839 $93.33 Semi-annual allowance ending 4 th Mar ch 40 13.33 $106.66
{ Act July 7, } 1838 }
Recorded by DM Burdy Clerk, Book A Vol. 1 Page 81 .
let: Caleb Butter 21 st Nov. 1843-

V 5428 Sir. Isaac Husk, 1 5 th Aug. '29. sam. Sep r 26 th '29.
Act 7 th July 38

I Joseph D. Nutting of Groton in the County of Middlesex Commonwealth of Massachusetts, aged fifty one years, do depose & say, that I was born and always lived about half a mile from the place, where John Capell & his family lived for many years, & was well acquainted, & quite intimate with them. Said Capell came into Groton in the year 1793, with his wife Mary & six children, & they had four daughters born after their coming here. Said John & Mary lived as man and wife, and I never heard the least doubt or suspicion of their legal marriage.
I, further depose & say, that I have often heard said John Capell recount his services in the revolutionary war, particularly at Cambridge & vicinity of Boston in the years 1775 & 1776, of his having been in the battle at Bunker Hill, and of his serving as a lieutenant of artificers at Ticonderoga. It was always understood, & believed in this neighborhood & town, that said Capell

was a Soldier in the Revolutionary War, and served therein most of the time from April 1775 to December 1776.
I further depose and say, that Mary, the widow of said John Capell is still living in Groton, and has been a widow ever since Feb. 1818, when said John Capell died.
Joseph D. Nutting
Middlesex ss. May 6th 1839. Then personally appeared before me, Caleb Butler a Justice of the Peace for said, the abovenamed Joseph D. Nutting, and made oath that the foregoing affidavit by him subscribed is true: and I do certify that said J. D. Nutting is a person of veracity and entitled to full credit in belief in the premises -
Caleb Butler. Just. Peace

State of Massachusetts ss. Middlesex County }
Be it known, that on this twenty seventh day of October A.D. 1843 personally appeared before me, Caleb Butler, a justice of the Peace within and for said County, Mary Capell, a resident in Groton in said County, and State, aged eighty nine 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 on the 3 d day of March A.D. 1843. granting pensions to widows of persons, who served during the revolutionary war.—
That she is the widow of John Capell, who was a soldier in the revolutionary war; and served as she verily believes, as stated by her in her original declaration for a pension under the law of the 7 th of July A.D. 1838, to which declaration and the papers accompanying the same, now on file in the war department she would refer for a more particular statement of his services, for the proof of her marriage, identity, and time of her husband's death.
She further declares, that she was pensioned under the act of July 7 th 1838 at the rate of twenty six dollars & 66 cents per annum, as near as she can recollect, but the precise sum will fully appear by her original certificate, which amount she

received from the 4th day of March 1836 to the fourth day of March 1841. At the Agency in Boston, Massachusetts, and at the time of her receiving her last payment, surrendered to the pension agent at the said city of Boston, the said certificate, agreeably to the Rules of the Department.
And this declarant further alledges, that she has not intermarry since the decease of her said husband, but is now and ever has been the widow of said John Capell, deceased, as will more fully appear by the proof hereto annexed. And further she says not.
her Mary Capell mark
In presence of Caleb Butler Diaton Blanchard
Sworn to and subscribed on the day and year first above written. And I certify that I am, notary public well acquainted with the said Mary Capell, and that she had a pension under the act of July 7, 1838.
Before me Caleb Butler, Justice of the Peace

I Dexter Blanchard of Groton in the County of Middlesex and Commonwealth of Massachusetts, of lawful age, do depose and say, that I am well acquainted with Mary Capell the foregoing Applicant, having lived in the same house with her foremore than twelve years, that she was the wife of John Capell, who was reported to have been a soldier in the war of the revolution. Said Mary was a Pensioner under the Act of July 7. 1838 at the rate of twenty six dollars & 66 cents per annum, as near as I can recollect, and she was not intermarried since the expiration of said Act but is now, and has been ever since the decease of her husband John Capell, a widow.
Dexter Blanchard
State of Massachusetts } ss. Middlesex County }
October 27 th 1843. Then personally appeared the abovenamed Dexter Blanchard, and made oath, that the above affidavit by him subscribed is true. And I certify that said Blanchard is a credible witness, entitled to full & perfect credit.
Before me Caleb Butler Justice of the Peace

Commonwealth of Massachusetts ss. Middlesex County.
I, Elias Minney, Clerk of the Supreme Judicial Court of Common Pleas in and for said County of Middlesex, certify that Caleb Butler is a Magistrate, as above, and that the foregoing signatures, to the declaration of Mary Cahill, and Affidavit of Dexter Blanchard are genuine.
In testimony whereof I have hereunto affixed my Seal of Office, and subscribed my name this 30 th day of October in the year 1843.
E. Minney
See no 2417.

I S. K. Lothrop do depose & say that I am Pastor of the Church in Brattle Square, Boston, Mass., of which Church Dr Samuel Cooper was Pastor in the year 1776; that I have ever the custody of the Records of said Church, and on examination thereof, for Baptisms & Marriages, I find that they were very imperfectly kept during the Revolutionary war, by said Dr Samuel Cooper; What few there are, I find by a note to that effect, were transferred to the Records, by his successor Dr Thacher, from Memoranda in interleaved Almanacks, & that the record of the Marriage of John Capell & Mary Perkins is not to be found in said records..
S. K. Lothrop.
Boston. May. 15 th 1839.
Commonwealth of Massachusetts Suffolk Ys. May 15. 1839. Then personally ap- -peared before me the subscriber a Justice of the Peace within & for said County of Suffolk the above named S. K. Lothrop & made oath that the foregoing affidavit by him subscribed

is true. And I do certify that said Samuel H. Lothrop is a person of ve- -racity, & entitled to full credit & belief in the premises
Thomas Tolman Just. of the Peace
Commonwealth of Massachusetts Suffolk ss.
I Charles A. Parker. Clerk of the court of Common Pleas the same being a court of Record in the County of Suffolk do hereby certify that the said Thomas Tolman above named is a Justice of the Peace in and for said County of Suffolk duly com- missioned and qualified and that his signature above written is genuine.
Witness my hand & the Seal of said Court at Boston this fifteenth day of May 1839. Chas A. Parker. Clerk

Commonwealth of Massachusetts.
Secretary's Office, August 22 d 1839.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of John Capell of Cambridge appears on "A Return of Capt. Phinehas Cook's Company October 6. 1775, in the 37 th Regiment in the Continental Army" — and said Return is signed "Phinehas Cook Capt."
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John D. Sleeper Secretary of the Commonwealth.

J. S. Edwards Esq., } Eastlandr Oct 29. 1839 Decur.
I have notified Mrs. Capel of the exception taken as to the evidence relative to the service of her late husband in '76. - She has not been able to furnish further evidence that I deem of importance enough to submit to your consideration. - From what I can learn as to the Christian name of Capt. Thayer, I am inclined to the opinion that his name was Judah; if you would have the goodness to direct an examination into the names of the this Company & also of the others by the name of Thayer, & it turns out that the name of Capel is not borne on either of their companies, you may allow to Mrs. Capel for the eight months & send a certificate accordingly. If satisfactory evidence should hereafter be discovered it can be submitted to your consideration. - Mr. Capel is stated to be a Lieutenant; he probably acted as Lieutenant at the close of the service by the appointment of his superior officer, but I suspect he never was commissioned, & his name will probably be found among the Privates. - I am confident from her statement that the service was performed in '76 & I am in hope that his name will be found enrolled in some one of the companies recommended recommended by Thayer. - That is to communicate to me.
I am very respectfully,
Yours
Isaac H. H. -

War Department,
Pension Office,
Sep: 26: 1839.
Sir,
The certificate of the Secretary of War, as respects, in the case of Mr. Mary Gabel is sufficient to establish the 8 months service of '75, under Cap: Hubbard, but the rolls furnish no evidence of the imperfectly alleged service as Lieutenant of Artificers in '76, under Cap: Thayer. There were 8 captains of the name of Thayer in the Massachusetts militia, and the full name of the Captain is therefore necessary to a satisfactory examination of the rolls.
Very respectfully,
Yours truly J. L. Edwards
Isaac Fiske, Esq., E. Cambridge, Massachusetts.

Nov 2 o 1843
Ms. A. 9. 2. 20 Ms. into Care
Mary Capen
Guards
Commission of Pension
Washington City D.C.
FREE
FREE

Mrs. J. L. Edwards,
Groton Ms. Oct. 29 th 1843.
I enclose the papers for Mary Cagell, in lieu of the informel once returned, marked No. 2417.
When acted upon, please to communicate to me — your humble servant
Caleb Butler.

2417
July 1. 1843
038.
Map, Mar 3 rd 1843
Mary Cahell
Mary Capell
2417 $26. Cote her at J.
engraving to commission
1843
Caleb Butler, Groton Map
EE

Groton Ms. June 28 1843
J. L. Edward Esq.
I enclose the declaration of Mary Capell, for a pension.
Please to communicate to me, when the same shall have been considered,
Your humble servt
Caleb Nuttall.

5428
Mas:
4 July 1838
Mary Capell miss of John
J. L. Edwards Esq.
Common Pleas of Devon
Walsingham
THE

East Cambridge County of Middlesex Mass. May 15, 1829-
J. L. Edmond Esq.
Inclosed is the application of Mary Capel for Pension; - When acted upon you will please to make return to me.
I am respectfully Yours
Isaac Dike

SW Watson no Sept 11 th
Free
E Sept 16
map:
Add: proof
Mary Capelle
L. Edwards Esq
Conneaut of Watson
Washington

East Cambridge, County of Middlesex, Mass.
Just. Edwards Esq., Sir,
I received yours of the 5 th of August relative to the application of Mary Capel for a pension, in which you state that the examination of her case was suspended inasmuch that it did not appear that Col. Phineas Cook was in the service in '75 as stated in her declaration; & that there was probably some mistake as to the name of the Col. — Examination has been had at the office of the Secretary of the Commonwealth & it appears by the papers there that he was in commission at the time specified, & I enclose you a certificate thereof signed the Sunday; — which I hope will be satisfactory upon that point: —
Mrs Capel does not state the name of the captain under which he served at the other term specified in her declaration, when he went to Lencaster; I am informed that the Captain's name was Thayer & that he belonged to the  served in a company of Artillery part or all the time; The Regiment was commanded by Col. Gardner Regiment as stated in her declaration on Col. Bond. — When this case is taken up for examination again, please to have the goodness to direct the examination agreeably to the above suggestions. . .
I am very respectfully, Yours Isaac Pitkin