Morrison's Pensions
Pension Application for John Hilts
W.24434 (Susanna)
State of New York
Herkimer County
On this third
day of October one thousand Eight hundred and forty three before the court of
Common Pleas of said county before the Judges thereof in Open Court the same
being a court of record personally came Jacob Hilts a resident of the Town of
Herkimer in the said County who being first duly sworn according to law does
on his oath say that his mother Susannah Hilts – widow of John N. Hilts
both deceased was a pensioner of the United States under the act of July 7, 1838. That
her pension was first allowed and paid at about twenty two dollars per annum
and that afterwards an additional certificate was issued to her. That
his mother said Susannah Hilts—died on the Eighteenth of August one thousand
Eight hundred and forty three in the said town of Herkimer that she left the
following children and heirs her survivors to wit Margaret Colvin, wife of Joseph
Colvin, George J. Hilts, Elizabeth Colvin widow, Anna Cook wife of Israel Cook,
John N. Hilts, Godfrey Hilts & this deponent which are her only children
and heirs her surviving and who are each over twenty one years of age. That
all the other children and heirs have assigned their interest in and to all
pension money to which their said mother was entitled under the Act of March
3, 1843 up to the time of her death with full power to apply for and receive
the same to this deponent as will appear by the assignment annexed hereto
and this application is made for an allowance to this deponent of the said
monies from the 4th day of March 1843 to the 18th day of August 1843, and
this deponent says that the certificate be issued payable to him solely.
(Signed with his mark) Jacob Hilts
Subscribed & Sworn
in open court Oct third 1843. E. A. Munown Clerk
For and in
consideration of one dollar to each of us in hand paid us do severall assign
sell and let over to Jacob Hilts all our right title and interest in and to all
claims or arrears for pension due to our mother Susannah Hilts deceased from
the United States in pursuance of the Act of March 3, 1843 of any previous act
of Congress to have and to hold the same with said Jacob for his own use and
we do hereby authorize the said Jacob to apply to the War Department or pension
office for the allowance and payment of the same, and we further authorize and
direct the Commissioner of Pensions to issue the said Certificate or such part
thereof as would be coming to us to be made payable to him and in case the said
certificate should be made payable to us respectively with him or other hairs
then we authorize the pension agent or deponent to pay the same to the said Jacob
without any further power of attorney from us as either of us, all children and
heirs of the said Susannah Hilts.
Sworn under
our hands & seals this 20th day of September 1843.
(Signed) Joseph Colvin, (Signed with her mark) Margaret Colvin, (Signed) George
J. Hilts (Signed with her mark) Elizabeth Colvin, (Signed) Israel Cook, (Signed
with her mark) Anne Cook
State of New York
County of Herkimer SS.
On this seventeenth
day of April one thousand eight hundred and forty personally appeared before
me Charles Gray a Judge of the Herkimer County Courts of the degree of Counseller
in the Supreme Court—Susanna Hilts—a resident of the town of Herkimer
in the County & State aforesaid aged Seventy Six or Seventy Eight and whether
seventy six or seventy eight years she cannot now state the record of her age
being lost and 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 7th 1838 Entitled “An act granting half
pay and pensions to certain widows”. That she is the widow of John
Hilts the son of Nicholas Hilts and who was in the after part of his life called
John N. Hilts that he was sometimes called Hunaris Hilts that her said husband
was a soldier in the Service of the United States in the state troops & militia
in the Revolutionary war. That she herself with her fathers family the
spring after Herkimer was burnt, resided at Fort Dayton from the year 1779 to
the close of the war. That during the time she remained at Fort Dayton
she often and during the whole war saw the said John Hilts her said Husband on
duty as a drummer that he was the only drummer at the fort. That he served
as such drummer under Captain’s Mucks, Damuth, usually called Hon. Marks
Damuth that he served under Captain McKean, also under Captain Harters, also
under Ensign John Bellenger [above the line is written very faintly “Capt.
Henry Barton (?) also at the fort at this time”] and there was also a Captain
then by the name of Ellsworth. That she frequently saw him beat the drum & do
with the soldiers from the fort & return that when at the fort he used to
beat the drum daily early in the morning and again at early night was with [?]
three kinds of drum. That he informed her that he was on service in the
year in which the Oriskany battle was and previous a said battle as Oriskany
to block up wood Creek but she does not recollect how long he was out at that
time. That he informed her also that he was selected to carry letters
from fort Dayton to Fort Stanwix which he did do, leaving Fort Dayton in the
morning on foot and return at night that he would travel about sixty miles a
day in the performance of such duty, that he was very springy on foot being able
to outrun any person in the vicinity, that he used to run foot races with the
Indians and beat the Indians, which was the cause of his being selected for that
duty she further says that one Adam Helmer was also an officer under whom he
served as she was informed and she further says that her maiden name was Susanna
Miller that she was married to the said John Hilts in the month of February the
first winter following the close of the war the precise day she cannot now recollect
neither can she state the years but is certain it was the winter after the close
of the war. That her marriage took place at Fall Hill to which place they
the said Susanna & the said John in Company with George Hilts the brother
of her said husband and one Lany McComb & some others went for that purpose,
the Reverend Abraham Rosenantz Solenmized the marriage—that her husband
the aforesaid John Hilts died on the third day of May in the year one thousand
Eight hundred & thirteen that she has not intermarried since but remains
the widow of the said John Hilts. That she was not married when prior to
his leaving the service but the marriage took place previous to the first day
of January one thousand seven hundred & ninety-four viz at the time above
stated. That although she cannot state the precise year of her marriage
she knows that it was the twenty first year of her age when she was [?] and knows
it was the winter of the year the year he was discharged? That she also
knew Andrew Piper & Sarah Piper his brother in the said war. That they
served in the same Company with her said husband as she has been informed and
always understood that Jacob Piper was killed by the enemy and that he also knew
Frederick Baum in the said war and that he also served one season in the same
company with her said husband and she would refer to their statement hereto annexed
and she further saith that she cannot write her name and that she never could
write at all and that she has always signed by making her mark which is the only
way in which she is now able to sign this her declaration which was read and
explained to her by Charles Gray was made by the said and guiding of the said
Charles Gray. (signed with her mark)n Susanna Hilts.
Subscribed
and Sworn to this 11th day of April 1840 before the Subscriber a Judge of the
Herkimer County Courts, and the undersigned do further certify that the said
applicant Susanna Hilts from bodily infirmity is wholly unable to attend Court
and that she is a person of good character and her statements entitled to full
credit, and I certify also that the said Susanna Hilts besides other bodily infirmity
is laboring also under blindness and that it became necessary in order to make
her mark that she had to be aided by some person and that the undersigned also
therefore guiding the pen for her she having had to thereof at the same time
with him, and the said Susanna in making her mark to this her application. Charles
Gray, Judge
State of New York
Herkimer County SS.
On this
14th day of February One thousand Eight hundred and forty personally appeared
before the under named Justice of the Peace of the said County, Andrew Piper
of Frankfort in said County aged Eighty years who being first duly sworn on
his oath says that in the Revolution War he was well acquainted with John Hilts
a son of Nicholas Hilts at Fort Dayton that during said war and this deponent
thinks and is quite sure. Either in the 1778 or 1779 he was Enlisted
and served at Fort Dayton under Captain Marks Damuth four men? is and that
during that time the said John Hilts served in the same company as drummer
that the said Hilts was the only drummer in the Company at that time and this
deponent knows that the said Hilts then served the whole time of four months
during which time this deponent was then there in said service. But that
this deponent cannot state how much longer the said Hilts served—that
this deponent also saw the said Hilts in the said service of the United States
at different times and in different years during the Revolution War but he
cannot now state the particulars of any of the said service except the four
months before mentioned—that the said John Hilts afterwards married Susannah
Miller. (Signed with his mark)
Subscribed & sworn
Feb’y 14, 1840 before me. John N. Rasbad Justice
State of New York
Montgomery County SS
Be it knowing
that on this 13 day of February one thousand eight hundred and forty personally
appeared before me Jacob J. Snyder Esq, a Justice of the Peace of the County
of Montgomery—Frederick Baum of Oppenheim in the County of Fulton Aged
Seventy Seven years who being duly sworn on his oath says, that in the Revolutionary
War he was well acquainted with John Hilts son of Nicholas Hilts of Herkimer—that
in the year 1778 that the said John Hilts was in the Service of the United
States at Fort Dayton that he this deponent was then there also in the said
service that he this deponent was inlisted and served in a Company Commanded
by Capt. McKean & Lieut. John Smith and that the said John Hilts was in
service in the same company and did duty and drummer and that there was no
other drummer at the Fort during that Season whilst this deponent was there
that this deponent whas [was] then in the service in Said Company nine months
and that the said John Hilts was then there in service in said Company when
this deponent came there and that the said John Hilts remained there in the
Said service after this deponent left that he does not know how long the said
John Hilts then there served in said Company but he knows that the said John
Hilts then and them served in said company nine months during wich [which]
time this deponent there then served in said Company and that the said John
Hilts was their only drummer then at Fort Dyton [Dayton] that the said John
Hilts afterwards married Susan Miller and they resided in Herkimer County in
said State of New York when the said John Hilts died more than twenty five
years since leving [leaving] the said Susan his widow who now resides in Herkimer
County as this deponent is informed and believes true, that the said John Hilts
when a man and during the Revolution was a very active man that he was very
Springy and Could out run any of the other persons – the reason of him
not writing his name was that he never could write his name. (Signed
with his mark) Frederick Baum
Jacob G.
Snyder Justice
This may
certify that I am personally acquainted with the said Frederick Baum I believe
him to be a man of truth and veracity and his testimony is intitled to full
credit. Jacob G. Snyder Justice.
Herkimer NY Sept. 18, 1840
Sir
From your
letter of the 27th ult it appears that the papers of Mrs. Susanne Hilts have
been examined & filed—You state also that in her claim “It
is alleged that the claimants husband served the command of Capt.Marks Damuth
as a drummer and that he was afterwards in the Service under Capt. Helmer and
others—and further that “there is no evidence of the Service of
Capt. Marks Damuth Capt of a Company of Rangers after the month of March 1777.”
On looking
at the testimony of George Hilts in his affidavit accompanying the claim you
will find that he testifies positively that the said Claimant’s husband
was Enlisted and served one year as a drummer. That he the witness often
saw him during the year in the service at Fort Dayton—the testimony also
of Andrew Piper substantiates the same a portion of that time (not having a
copy I speak from recollection) it appears he served in the same company a
part of the year—and the testimony of Fred’k Baum is also positive
that the said Hilts served in a company under Capt. McKean or Mc Gee as he
is sometimes called as a drummer he states that he the witness was enlisted
and served in the company 9 months and the said Hilts was in service when he
entered and continued when he left so that the said Hilts must have served
more than nine months on that over [?] –which affidavits accompany the
Claim—the certificate of the comptroller also gives six terms of service
as a private & drummer.
It would
therefore seem that of the service spoken of by the three witnesses was all
the same service that must be at least one year—But I submit whether
the service spoken of by Baum in his testimony is not a different and additional
service from & to that spoken of by Geo. Hilts & Andrew Piper—if
so there would be positive testimony of service of at least one year and nine
months besides the service spoken of in the comptrollers certificate.
The witnesses
all speak positive of the service two Baum and Piper were Enlisted and Served
a the same terms in the same company with Hilts—and Geo. Hilts gives
reasons why he recollects and states that he often saw his brother in the service
testified to by him.
It appears
from the statements by the persons who served in the Revolution in this section
of country that many times the Companies were divided and stationed at different
places, so that many times they did not see the Captain during a season—a
portion under the Captain and a Portion under the Lieut, and a portion under
the Ensign and that many times the officer in the immediate Command was called
Capt.—
Mrs. Susanna
Hilts the Claimant would like to have the Claim re examined and if there are
defects in any of the testimony to have them particularly noted to her that
the same may be supplied.
I am respectfully
your Obe’t Servant I. A. Rasbach
I.L. Edwards
Esq
Herkimer Oct 22, 1841
Sir
Since the
receipt of your letter of the date of Sept. 23, 1840 in relation to the claim
of Susanna Hilts for pension in which you state that the witness must be mistaken
as to the service of said John N. Hilts the husband of the claimant under Capt.
Marks Damuth—I have received the affidavit of Conrad Widing in support
of the claim, which affidavit is herein Evidenced and would have been forwarded
before but was delayed as amount of first [?] to find the payroll of Capt.
McKean and while have not yet been found the comptroller has been unable to
find them in his office. And Giles F. Yates who has for several years
been engaged in collecting all the documentary evidence of Revolutionary services
has him applied to and he says the pay rolls of Capt. McKean cannot be found—Captain
McKean was killed in battle and it is very probable that his pay rolls were
not returned.—
The certificate
of the comptroller heretofore was unlisted to the Pension Office show that
said Hilts was allowed & had for services as private under Lt Damuth & Capt.
Harter £6.18.6 1/3 and for services as Drummer £5.7.6 1/3—From
the evidence of Frederick Baum, on file, it appears that the said Hilts must
have served as drummer in 1779 over nine months for he Baum says that he himself
served 9 months that year in the same company with Hilts. That said Hilts
was in service in the company when he Baum entered and remained and continued
in service when Baum left—George Hilts the brother of said John in his
affidavit also on file, testifies that in the fall of 1778, the said John Enlisted
to service as drummer for one year and that he served the said time—Andrew
Piper also testifies to the first of his Enlistment and service, and the affidavit
of Conrad Widrig herein Enclosed also shows that said Hilts must have served
in 1789 [1779?] over 9 months—and take them all together it does appear
that there could hardly be a doubt but that he must have served certainly over
9 months under that Enlistment and that he then served one Year—The witnesses
all substantiate the service. Although there is some little difference
as to the officers, which is caused by the fact that the company under Capt.
McKean was divided and stationed in different places, and consequently the
whole company was not at all times under his immediate Command but the different
divisions thereof were under the Command of the Lieutenants or Ensign, and
they were usually called captains which appears evident from the fast that
Lt, Damuth was generally and is now generally called Capt Damuth—Now
Mr. Baum testifies the said service of over 9 months of said Hilts as drummer
was under Capt. McKean. Mr. Widrig testifies to the same service and
gives some minute circumstances and says also that Capt. McKean was occasionally
there (that is at Fort Dayton) where and in the vicinity of which place the
service was performed—so that from the whole it ‘A’ until
seen that the evidence would the full belief that said Hilts must have served
one year as drummer besides the evidence contained in certificate of the Comptroller
hereto sent and on file.
It is alleged
that he served also in 1777 & 1778 but as no evidence has as yet been found
to substantiate them is designed to leave that with the hope that the service
before named is fully substantiated.
I am Sir
very respectfully Your Obe’t. Serv’t John A. Rasbach
Hon. I.L.
Edwards, Comp. of Pensions.
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