Revolutionary War Pension and Bounty Land Warrant Application File S. 12748, Frederick Denio, Mass.

SERVICE
NUMBER
Mass.
Denio, Frederick
S12748
CONTENTS
banded

8379 New York
See letter 12 June 34 to P. Agt.
Frederick Heredia of Le Ray in the State of New York who was a Private in the Company commanded by Captain [blank] of the Regt. commanded by Col. Whitecomb in the Massachusetts line for 16 months & 5 days
8765
Inscribed on the Roll of New York at the rate of 53 Dollars 88 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 5 day of April 1833 and sent to A. Hungerford Watertown N.Y.
Arrears to the 4th of Mar 33 — $107 76 Semi-ann. allowance ending 4 Sep 33 26 94 $134 70
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Geo. Cromwell Clerk
Book E Vol. 4 Page 17

L. Denis 8765 8
O'Laughlin agent Watertown N.Y.
x H
L Aaron Don In one clause, he states all his services as a per...

STATE OF NEW YORK, } ss. Jefferson County, } ss.
ON this 11 th day of September 1832, personally appeared in open Court, Frederick Denio a resident of Le Ray in said County, aged 78 1/2 years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as here-in stated. Born in Greenfield, Massachusetts 19 March 1754 when he lived during and some time after the Revolutionary War. That at that place in the month of December of the first year of the war. Enlisted as a minute man in Capt. Agrippa Wells - Lieut. Ezekiel Porter's Co. Colonel Whitcomb's Regt. Genl. Greene's Brigade - Mass. Line - and served as such and was ordered out to Cambridge and at that place in the month of April of the next year enlisted under the same officers and in the same corps named above for eight months and was stationed at Prospect Hill and served faithfully and was discharged the first of January following at that place -
About the first of the month of August 1777 enlisted under the same Capt. & Lieut. Hastings Colonel Porter's Regt. went to Saratoga. Fort Miller Minden Creek and returned to Stillwater and was then discharged being over thirty five days - Genl. Schuyler Genl. Lincoln & Genl. Poor was with us on our retreat to Stillwater -
Sometimes in the summer of 1780 (don't recollect the exact time) enlisted under Capt. Isaac Newton in Colonel Murray's Regt. Marched from Greenfield to West Point and there did duty three months in Genl. Arnold's Brigade & at the end of my enlistment was discharged at West Point by Col. Murray - was present at the battle of Red Bank Hill - was one of 25 of his company drafted out to Red Bank & marched on under Lieut. Porter - Service as a private by voluntary enlistment - Age is recorded in the town books of Greenfield -
  Served the first year of the War a Minute Man  4. Months    in Genl. Greene's Brigade  8 "    Col. Porter's Regt. 1777  1 3/4 "    " Murray, 1780  6 "     19 3/4 "  
does not recollect of receiving a written discharge - has lived since the Revolutionary War - in Greenfield Mass - then in Duanesburg, Canajoharie, Vernon. Ellisburg & Le Ray all in N.Y. knows of no other proof - than that of Israel & Aaron Denio - herewith sent has no documentary evidence
In one clause, he states all his services as a private

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.
P. Burchard Clerk
Frederick Denis
We, Eli Denis a Clergyman, residing in the Town of Le Ray in said County, and Daniel Harbach residing in Le Ray hereby certify, that we are well acquainted with Frederick Denis who has subscribed and sworn to the above declaration; that we believe him to be 78 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to, and subscribed, the day and year aforesaid.
P. Burchard Clerk
Eli Denis Daniel Harbach
And the said Court hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant, was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Eli Denis who has signed the preceding certificate, is a Clergyman, resident in the town of Le Ray and that Daniel Harbach who has also signed the same, is a resident in Le Ray and is a credible person, and that their statement is entitled to credit.
I, PELEG BURCHARD, Clerk of the Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Frederick Denis for a Pension.
In testimony whereof, I have hereunto set my hand and seal of the Court, this 11th day of September 1832
P. Burchard Clerk

State of New York Onondaga County ss Israel Denis of home in said County, aged 68 years, being any whom does depose and say, that Frederick Denis of Le Ray Jefferson County State of N. York, is a brother of this deponent and the said Frederick Denis known to the knowledge of this deponent in the Revolutionary War as follows. viz, "He enlisted at Greenfield, County Hampshire Mass. - Early in the Spring of 1775 for nine months in Capt Agrippa Wells Company, Ezekiel Foster one of the Lieutenants - The name of the Colonel of the Regiment is not recollected - And that the said Frederick Denis performed said service at and near Cambridge. Mass - And in the year 1780 the said Frederick Denis and this deponent enlisted in Capt Isaac Newtons Company, at Greenfield aforesaid for Three months in a Regt which this deponent thinks was commanded by a Colonel Murray - and marched to West Point and performed the service there, and were present at the time of Arnolds treason and defection, and were regularly discharged at the expiration of said three months service - but the exact month this deponent does not distinctly recollect.
This deponent has no personal connection of any further service of the said Frederick Denis, though his impression is very strong that he served several other terms -
Israel Denis

State of New York Oneida County. On this 14 th day of July 1892 before me personally appeared the within named. Brad Denis . to me well known as a man of credibility, truth and veracity, and made that the foregoing affidavit. T. P. Johnson Comm. of Deeds.
Clerks office Oneida County. George Brown Clerk of the County of Oneida, do hereby Certify, that Benjamin P. Johnson before whom the within affidavit purports to have been taken, was on the day of the date of the same a Commissioner duly appointed and sworn and authorized to take affidavits - and that the signature "B P Johnson" is in the proper handwriting of the said Commissioner. In Testimony Whereof I have hereunto set my hand and affixed the seal of said County this 14 th day of July, 1892. George Brown Clerk for Joseph B. Read Deputy

No. 8765 Frederick Denio
Adm d
p-46
5/14/16.
12 Nov 1832
O. Hunsford
Watertown N.Y.

BRIEF in the case of  Fredrick Dunio  of Le Ray in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy Eight and an half 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. As a Gen.     In 1775. Some undefined Service as a Minute Man which he states to have been 4 months   April 1776 8 Private Col. Whitcomb   August 1777 35 " Col. Porter   Summer of 1780 3 " Col. Murray  
 5. In what battles was he engaged? Nine named  6. Where did he reside when he entered the service? Greenfield Mass etc  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional and living testimony  8. Are the papers defective as to form or authentication? and if so, in what respect? the papers are defective in authentication 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Wm Gordon Examining Clerk.

Y. Davis
cond
16 mo. 501 pri

State of New York } Jefferson County } ss
On this 6 th day of December 1832 personally appeared before the subscriber a Justice of the Peace in and for said County Frederick Denio who being duly sworn deposeth and saith that the services for which he claims a Pension were performed as a private - four Months in the first Year of the War in Capt Wells Company Col. Whitcomb's Regt to wit from December to April - immediately thereafter as private Eight Months under the above officers - to wit from April to January - Then in 1777 - as private under the same Col. Porter Regt thirty five Days - in the Months of August & September of that Year - Then in the Year 1780 as private under Col. Newton in Col. Murrays Regt three Months - Making all together Sixteen Months and five Days - and further saith that
Sworn and subscribed the } day and Year aforesaid before me } Frederick Denio
Alvin Herrick Justice of the Peace
State of New York } Jefferson County } ss
I. Peleg Burchard (Clerk) of said County do hereby certify that Alvin Herrick Esq r before whom the above affidavit was sworn to was on the date of the same a Justice of the Peace in & for said County commissioned & sworn and duly authorized to take the same and further that I am well acquainted with his hand writing and verily believe that his signature to the same is genuine In Testimony whereof I have hereunto set my hand and affixed the seal of said County this 7 th day of December 1832
Peleg Burchard Clerk By M c Lewis Sherman Dept Clerk

Watertown N.Y. Jan'y. 10 1833
Sir I again return the application of Frederick Denio, with the ribbon attached as required. Yours Respectfully O. Hunsford J L Edwards Esq

Frederick Derris

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Frederick Denio 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? No. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? He has no documentary evidence - but adduces the testimony of two living witnesses XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? In regard to one Witness he has And is the official character and signature of the magistrate certified by the proper officer under his seal of office? Yes - but not competent to take affidavits in relation to pension claims 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? the Court certify that the interrogatories were put to the applicant
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 the 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.
† 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 authenticated 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 end 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.

Revtran ✓ 12.748 INVALID.
File No. 12. 748
Frederick Denis Priv Recv War
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

The affidavit of Aaron Densio at Shaftsbury
STATE OF VERMONT,
To all to whom these presents shall come.
GREETING.
* Certify That  Aaron Densio Esq. whose signature appears to the foregoing Deposition, was at the date thereof still is a Justice of the Peace in & for the County of Bennington duly qualified by Law to act as such, & that I believe his signature is genuine
In Testimony Whereof I, HENRY ROBINSON Clerk of the County Court within, and for the County of Bennington have hereunto Subscribed my name, I have caused the Seal of the Said County Court to be af- fixed.
Done at Manchester, in the County of Bennington this Eight day of July - A. D. 1832 and of the Independence of the United States, the
Fifty Seventh Henry Robinson Clk

The affidavit of Aaron Denis of Shaftsbury in the county of Bennington and State of Vermont who testifies and says that He is well acquainted with Frederick Denis formerly of Greenfield State of Massachusetts county Hampshire and was knowing to His being a Minute man in the month of December the First year of the Revolution was in an capt Agrippa Mills Lieut Ezekiel Foster col Whitecomb Regiment and General Green Brigade and was called to Cambridge about the Twenty First day of April following and there Enlisted under the same officers for Eight months and stationed on Prospect Hill and there until the first day of January following
Aaron Denis
State of Vermont } Subscribed and sworn to the 7 th day county } of July 1832
Before me Aaron Denis & Justice of Peace

State of New York Jefferson County ss
Seth Cole being duly sworn according to law doth depose & say that he is acquainted with Aaron Denis who subscribed & sworn to the within affidavit, and that he is re- ted to be a man of truth & veracity. Seth Cole subscribed & sworn to before me this 2 day of December 1832
Min. H. Smith Justice of the Peace
I certify that the above named Seth Cole is a credible person. Min. H. Smith
See clerk's cert. same date as to the official character of the Magistrate attached to the affidavit of the applicant herewith.
An affidavit of Aaron Denis