Revolutionary War Pension and Bounty Land Warrant Application File S. 13503, Charles Humphrey, New York

SERVICE
NUMBER
New York
Humphrey, Charles
S. 13503
carded
CONTENTS

22262  New York  Charles Humphrey Phelps in the State of New York who was a private in the Cont d commanded by Captain Tillson of the Dep d commanded by Col Nelson in the New York line for 6 Mos 1782.
Inscribed on the Roll of New York at the rate of 22 Dollars 20 Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 13 day of Aug. 1835 and the the D r M c neck (Phelps)
  Arrears to the 14th of Mar '34  $44.40    Pens d ant. allowance ending Sep 33  11.10     $55.50  
{ Revolutionary Claim, { by June 7, 1835. } G. A. L. Clerk, Recorded by Book 6, Vol. 3, Page

184978 Charles Humphrey
Admitted Private bmo £20 10 days-
Witness should attend-
18 Sep 1832 24 Nov 1832 770
Page 53.
David McNeil Agent

No 4948.
BRIEF in the case of Charles Humphrey of Phelps County of Ontario, — 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?  70 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.     In 1778. _____ 1. _____ Simultaneous Gen. Capt M c Gillford Col Jas. M c Laughlin   _____ _____ 1. _____ " Capt Bangs Van Curen   _____ _____ 1. _____ " Capt Willford   1779. _____ _____ 20. " Do Do Col Malcolm   _____ _____ 3. _____ " Do Do Col Hether  
 5. In what battles was he engaged? _____  6. Where did he reside when he entered the service?  New Windsor County & State of New York  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?  By One living witness & traditional evidence.  8. Are the papers defective as to form or authentication? and if so, in what respect?  They appear to be in due form. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
James Ord
Examining Clerk.

State of New York, § Personally appeared before me the Ontario County ss: § Subscribed and sworn to before me the Courts, for said County Oliver Humphrey, who being duly sworn deposes and saith - That he is a brother of Charles M c Neil whose Declaration is hereto annexed - That This deponent recollects, with the time the said Charles, first entering service in the Revolutionary War, in the year 1778. in Capt William Tiffords Company, in this year, he was out with the said Charles in the service, several times, once in particular at Stipenough a term of one month, was out with him at other places during this year, several times, and from this year until the close of the year 1782 He was with him, in the service a number of times, that he has heard The Declaration of the said Charles, read, and verily believes, the services claimed in said Declaration, were not less than his stated Sworn to and subscribing § Oliver Humphrey This 31 st day of December 1832
David M c Neil judge of the County Courts
I do hereby certify that I am well acquainted with Oliver Humphrey who has signed the above Certificate, and have known him a number of years, that he is a credible person and sustains a good character, and that his Certificate is entitled to the utmost credit.
State of New York, Ontario County ss: §
David M c Neil judge of the County Courts
I, Charles Crane Clerk of said County, do hereby certify that David M c Neil, whose name is subscribed to the above Certificate of affidavit, was at the date thereof a judge of the Courts of said County And that I am well acquainted with his hand writing, and verily believe the said signature, to be his proper act and deed.
I have hereto subscribed my name, and affixed my seal of Office at Canandaigua this 31 st day of December A.D. 1832
In witness whereof Charles Crane.

Charles Humphrey Declaration
17978
Patrick

STATE OF NEW YORK, Ontario — COUNTY. } ss.
ON this Twenty Seventh day of August 1832, personally appears in open court, before Abner Dyer of the Court of Common Pleas , for said County now sitting
Charles Humphrey — a resident of Phelps — in the county of Ontario and State of New York — aged seventy years, who being 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 7th, 1832, That he entered the service of the United States under the following named officers, and served as herein stated. That He enlisted in the year 1778 and served, a private under Captains William
Tillford and Benjamin Van Curen in the militia service from the year 1778 in the early part of this year until the close of the war in the Regiment Commanded by Col. James M c Cloughry of New York Militia — raised at the time of his enlistment in the Town of New Windsor (then Ulster) County and State of New York — during the year 1778 He served in Capt. William Tillford's Company (besides on Scouting and alarms which occupied a great portion of his time) One month at Mifflin on a Branch of the Delaware River guarding against the Indians — That soon after in the same year he again served one month at the Forster Crossings in Capt. Benjamin Van Curen's Company of New York Militia guarding against the Indians — That soon after the last mentioned service at Mifflin in the same year he again served one month under Command of Lieut. Evans , Humphrey of Capt. Tillford's Company at Shunk on a Branch of the Delaware River , guarding against the Indians — That in the year 1779 He served (besides on Scouting and Alarms, which occupied a great part of his time) a total of thirty days at West Point in Capt. Tillford's Company under the Command of Col. Malcomb — Turned out at this time on an alarm, the enemy, then being hourly expected at that place, but landed below at Fort Montgomery , and came no further up the River at that time — That during the same year he served Three months at one time in Capt. William Tillford's Company under Command of Col. Hathorn , at Fishkill — The enemy then lay he thinks at White Plains at the end of this Campaign he received a verbal discharge and returned home — That after this, his services were altogether as a minute man, consuming a great portion of his time — That during his whole service, he was never in any one Regular Field Battle, but was, frequently in great danger, and in hourly expectation of an engagement — That he has no documentary evidence of service, but is acquainted with Oliver Humphrey who knew him while in the service and will certify to the same, and that he is also well acquainted with George Humphrey and David Vandermark who reside in his neighborhood and who will certify to his character for veracity and their belief of his having served in the Revolution — That he was born in the year 1762 in the Town of New Windsor County of Ulster and State of New York — in which town he resided after the war until about the year 1794, when he removed to Phelps, County of Ontario and State of New York where he has since resided.
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. in open Court, Charles Bruce Clarke
Charles Humphrey
I Oliver Humphrey resident of Phelps in the County of Ontario and State of New York , do hereby certify that I am well acquainted with Charles Humphrey whose name is subscribed to the foregoing declaration

Sworn to and subscribed the day and year aforesaid.
in open Court, Charles Crane Clerk
George Humphrey
I Oliver Humphrey resident of Phelps in the County of Ontario and State of New York, do hereby certify that I am well acquainted with Charles Humphrey whose name is subscribed to the foregoing declaration that I well knew him when in the service during the Revolutionary War, was with him in the service some part of the time mentioned in his declaration, and believe the declaration made by the said Charles Humphrey, to be correct.
Sworn to and subscribed the day and year aforesaid
We, George Humphrey a Clergyman residing in the Town of Phelps in the County of Ontario and State of New York —
and Joseph Van demark residing in Phelps County and State aforesaid hereby certify that we are well acquainted with Charles Humphrey who has subscribed and sworn to the above declaration, that we believe him to be Seventy — 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 and subscribed the day and year aforesaid.
George Humphrey Joseph Van demark
in open Court, Charles Crane, Clerk
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named Applicant was a Revolutionary Soldier and served as he states, and the Court further certifies that it appears to them that George Humphrey and Joseph Van demark who have signed the foregoing Certificate are residents of Phelps, in the County of Ontario and State of New York — and also that Charles Humphrey who has signed the above certificate is a resident of Phelps, County and State aforesaid and are credible persons and that their statement is entitled to credit.
I, Charles Crane, Clerk of the Court of Common Pleas aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Charles Humphrey for a Pension.
In testimony whereof I have hereunto set my hand and seal of office, this Twenty- Seventh day of August A.D. 1832.
Charles Crane

Reserve
13.503 ✓ INVALID.
aw
File No. 13.503.
Charles Humphrey Dis New Mar
Act: June 7th 32
Index:—Vol. 1 , Page 186
[Arrangement of 1870.]

End of Brief No 79948
Charles Humphrey
David McNeil Agent

12-1898 BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Charles Humphrey which require further proof or explanation.
I. Does the declaration="I. Does the declaration show where the applicant resides?"/>
Yes.
II. Did the declarant make the declaration in the county where he resides?
Yes.
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
Yes.
V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?
Yes.
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
Yes.
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
Yes.
VIII. Has the Court given their opinion?
Yes.
IX. Has the Clerk given his certificate?
Yes.
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Seal indistinct.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
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?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
Yes
O. Hunsicker should specify the service he is able to prove
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?
Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
Answered
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which 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.