of New York
On the fifth day of September A.D. 1834 personally appeared before me David Sprakers a judge of the Courts of Common pleas in the aforesaid county.
David Hess now a resident of the Town of Oppenheim in Said county aged 76 this 13th November last past 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 by reason of his age and consequent loss of memory and the great length of time that has elapsed he cannot possibility state the precise period of his service hereafter stated but states that to the best of his recollection as follows. That as he can remember on the 15th March 1775 he entered the company ? John Hess was Capt and Wormuth was Lieut and ? Waggoner Ensign in the Regiment ? Jacob Klock was Col in the Brigade where Nicholas Herkimer was the General that he then resided in the Town of Palatine in the now County of Montgomery that he served as a private in said company and that the whole company of Capt Hess were engaged from said 15 March 1775 to 20 March 1775 for at least five days at the now village of Palatine where there was a small fort (so called) that he served during said time in said company as a private (to which he belonged) for at least 5 days in company was stationed at said case and that he was ordered out by the officers of his company that he has no evidence he knows of that he can for service as to this time of service.
That as much as he can recollect on the 4 May 1775, he was drafted out of said John Hess Company as a private with about 15 others to fetch ammunition from Albany that when drafted he took ? from the then Town of Palatine to Albany guarding wagons to Albany ? at Albany the wagons were loaded with ammunition which they guarded back to the house of Col. Jacob Klock where the ammunition was lodged that he cannot remember which of his officers accompanied them if any, that one Jacob Klock appeared to have the command of the wagons and he thinks commanded or assumed the command of the guard for the wagons. That he knows they took with a private from this time he was ? drafted as last mentioned to the 15 May 1775 for a least he thinks ten days and that he has no evidence of this service that he can procure except that of Peter Eigenbrod.
That as near as he can recollect on the 7 March 1776 he still belonged to Capt Hess company and that the Hess said company was called out into the service and he also that he in said company marched to the then Town of Palatine where he resided to Caughnawaga at near house Vedder’s Mills at said place and was stationed with said company to 22 March 1776 for at least 14 days as a private that Capt Hess commanded said company that scouts were sent out he then said ? he served at aforesaid for at least a fortnight as aforesaid, that there were others of the militia at said place and thinks one Capt Fox company that he knows of no testimony he can use ? to his service in this time out.
That as near as he recollection served him on the 5th day of October 1776 the said company of Capt Hess were ordered into service that said company marched from the then town of Palatine where he resided to German Flatts and that house of Mr. Harmen Dygert’s and said company were then principally stationed to 16 of same month that he served on this time for at least 11 days as a private in same company that he thinks the Indians had burned ? of this dwelling houses of the German Flatts people and while at the German Flatts. One Helmer a scout came in and reported that they had seen Indians who had shot one of the scouts and fired on the others, the inhabitants were alarmed and fled to the fort that the Indians did not succeed to kill any of the inhabitants that he can remember except one of the scouts as aforesaid and that scouts were sent out and that he has no testimony he knows of he can procure on his service on this tour.
That as near as he can recollect to date on the15 June 1776 he was drafted out of Capt John Hess company with Louis ? after being drafted they were first with Commander of Christopher Fox called on Capt Hess marched from the then town of Palatine where we went to Fort Dayton that the while at Fort Dayton aforesaid in ? said fort, Col Dayton was at the fort that he says from the time he was drafted to July 15, 1776 at Fort Dayton in marching to the fort that while at said place Gen Herkimer hold a treaty with the Indians when there were quite a number of troops there, that he served at this time as a private for at least one month that he was as to this his services the ? of Lodowick Kring armed being the only Indians he ? at the start he says (can’t read a lot in here) that on the 10th day of August 1776 the company of Capt Hess served at least he thinks 5 days at that ? of Lt Col Waggoner where this was a small fort in the ? That he served as a private at this time in said company but ? is near he can recollect from 10 Aug 1776 to the 14th of same month for at least 5 days as a private in said company in this service, he remembers that Henry Miller a private in said company was in the service accidentally shot by one Geo Waggoner but recovered of said wound that he does not know of anyone he can procure as to this part of his service.
That was summoned into service with the company of said John Hess was Captain was ordered out while company he belonged as a private that he thinks they were out and served for at least ten days he thinks at this time as a private, they were marched from the town of Palatine where he resided to German Flatts on account from alarms, that hey were stayed out one ? ? ? to Herkimer, served at least the thinks 10 days that he has no knowledge and knows of no one he can procure as to the evidence of his service on last ?
That he can recollect he worked in building or making a sort of fort of Capt John Hess dwelling it was commonly known as Fort Hess that one Christopher Fox then or afterwards a committee at Fort Hess started in building it under his Capt John Hess and a number of privates of said Hess company were also engaged in assisting to fortify said home for a fort that he labored he thinks from May 4, 1777 in building said fort for at least 16 days and he was then a private in said company and that he cannot swear that he was ordered into service by his officer or whether the neighbors voluntarily did this work and cannot say that he was strictly engaged as a soldier in this service when so to work he had aforesaid that pickets were built among other things for fortifying said fort that Capt Hess ordered this work and those engaged but if he cannot be allowed for this service the ? is to be disregarded that he has as to this service the testimony of Peter Eggabroadt ?? from which he thinks it possible that this service was rendered by order of his officers and cannot swear from his recollection to that effect as he does not recollect.
That as much as he can recollect he served as a private in said company aforesaid from June 17, 1777 to 26 the of same month for at least 14 days at Fort Hess that he was a private in his company that according to the best of his recollection the whole company was ordered out and marched to said fort that he was left with some others to guard Fort Paris and the rest of this company proceeded to Johnstown with some others that he thinks remained at Fort Paris guarding same by the order of his Capt, that whether he was drafted out of said company to remain at said Fort he is not positive but thinks those must have been a draft ? and that he thinks were drafted stayed at said fort for at least the period aforesaid and then returned home, that he has no witness as to this service and has no one of same he can procure.
That to the best of his recollection he served as a private from the 10 July 1777 to 27th of same month for at least 7 days as follows and he was drafted into said company commanded by John Hess Capt to go to Schenectady to fetch ammunition and that proceeded from the town of Palatine in Batteaus or boats on the Mohawk River to Schenectady there got ammunition loaded in their bateaus, or boats and he thinks he was ordered on the return and this ammunition was brought to Col Jacob Klock. That some of these went along the bank of the river on foot guarding the batteaus and he thinks they must have been engaged on this time out at least one week that he cannot recollect no one he can inquire as to the recruiting of the service.
That according to the best of his recollection he served as a private from 2 Sept 1777 to the 7th of same month as follows. In the said company of Capt Hess were ordered out into service That this company served for as Herkimer and other troops which he understood they secured intelligence that the Indians were in their rear, the troops or some of them returned part of the way, when it turned out that the report was unfounded that the company and troops then were ordered on their way to Oriskany and this applicant and others returned home. His officers ordered or requested him to return home. Col Klock gave him a letter to deliver it to his ? that the company of Capt Hess waited some time 2 or 3 days and some others waiting for re-enforcements at Herkimer, that he served on this tour at least 5 days, that said company was engaged in the battle called the Oriskany Battle that he this applicant was not in the battle by reason of his returning as aforesaid, that he believes this letter to Col. Klock’s son that the only testimony as to this his service he can produce that the following is that of Peter Eggebradt hereto aforesaid.
That according to his recollection served as a private from the 18 May 1778 to 21 May 1778 in said Company of Capt Hess as follows: Said company serviced and was stationed at the house of Mr. Failing in the Town of Palatine and part of the house of Mr. Zimmerman nearby, that the company was stationed at said place and standing sentry and scouts were sent forth as it was reported that the Indians intended to attack the said place in that he serviced during said patrol for at least 13 days, that he has no evidence to this service and knows of no one he can procure for this evidence thereof.
That to the best of his recollection he served as a private in said company for at least one day in the summer of 1778, that he thinks 7th July of this year is near as he can think of same that the said Hess Company were engaged, they provided to same Col. Klock’s residence in this neighborhood for which a Ser? Huss? had been killed by the Indians and more engaged, he thinks but one day, that he has no evidence knows of no one he can procure as to the certitude of this service.
That according to the best of his recollection; he served as a private in said company from July 10 1778 to 16th of same month for at least 6 days, that the whole company were engaged, proceeded to Springfield where they found the building burnt and he thinks two Indians had been there and that he served as a private and then resided in the said Town of Palatine that Capt Hess commanded said Company that he has no evidence and knows no one he can procure of this service.
That as near as he can bring to his recollection he served from; 20 Sept 1778 to 27th of the same month as a private in same company for at least 7 days that the company was engaged that the company went to Bowman’s Creek and were there stationed that the services were rendered he thinks the same season that Cherry Valley had burned but whether it was a little before or after he cannot positively state it was about the time, about this time his Lieut Wormuth was killed by the Indians that he has no evidence and knows of no one he can procure as to this service.
That he served as near as his memory is as a private in this company aforesaid from 1 March 1779 to 13 of same month at least for 13 days that this whole company was engaged, that they were marched to Remensnyder’s Bush to a small fort and stationed there. Scouts were daily sent out that at said fort two persons were taken prisoners by a body of Indians, he remembers there was 6 now on the ground and it may be that he rendered this service in Feb? but thinks it was as aforesaid that the resided in the Town of Palatine about this time Peter Waggoner was made a Capt of said company in the place of Ens. Hess but that particular time he cannot positively state that he has no evidence as to this service and knows of no one he can procure.
That as near as he can recollect he served as a private 1 or 2 days at least one day in the said company sometime in the month of April of 1779. He thinks and that the company was marched to Krings Bush in Palatine where a house had been burned down supposed to have been done by some Indians and when they got there they found the Indians had been those burned and said house and taken as boy as prisoner by the name of Smith that he served a least one day at this time that he had no evidence and knows of no one he can procure as to this service.
That according to the best of his recollection he was ordered either by his officers or some of the Committee men to go to and harness? teams to aid General Clinton in carrying his baggage, ammunition and go to Otsego he thinks he to rejoin Genl Sullivan’s Army, that he was engaged in ? teams as the aforesaid for at least 6 days from 1 June 1779 to 7 of same month including the time in going to make his return, that he went twice to ? teams the first he did not ? enough when he was ordered a second time that he cannot have been engaged he thinks in this business at least 6 days including the time of going to make his returns and he belonged at this time as a private to the same company aforesaid that he resided at this time in the Town of Palatine aforesaid that he has no evidence of the rendition of this service and knows of no one he can procure, that he went some ten miles to press? Teams.
He belonged at this time as a private to the same company aforesaid he thinks commanded by Capt Peter Waggoner from 15 June 1779 to 25th of the same month for at lease 10 days or more the whole company were engaged in this service that they were marched to near Utica where there were some Batteaux or boats which they assisted in reaching to Fort Stanwix, that these and more troops at this time waiting for reinforcement that he was engaged as a private on this time for at least 10 days.
He thinks in this service he saw an officer by the name of Major Morris, he has no evidence or knows of no one he can procure as to the rendition of this service. 8 days, he may be mistaken as to the time this service was rendered by him.
That he near as he can recollect he served as a private for two days, he thinks as near as he stated in the month of September 1779, day 10 and 11 of same month, under Capt Waggoner he thinks the whole company were engaged it was the time that Capt Rechtor was shot and wounded by the Indians in Dillenborough (Tilleborough near Ephratah) in the then Town of Palatine whom they found wounded and some others also were killed by a part of Indians, he is not positive as to the time and may be mistaken though he has the day he rendered this service he has no evidence of this service and knows of no one he can procure.
That as near as he can recollect he served as a private from May 7 1780 to 15 May 1780 in Fort Countryman a house fortified as a fort in Minden and he was drafted at this time with others eight? Of said company and were stationed at the fort, served there for at least 14 days as a private that he cannot remember who had the command of this fort, that they were stationed in said fort and guarded houses, the he may he mistaken as to the time when this service was rendered ? is positive that he served at said place that he has no evidence of this service and knows of no one he can procure.
That as near as his memory serves him he also served as a private under Capt Peter Waggoner from Sept 9 1780 to 22 of same month that the company was marched to Utica guarding boats to Fort Stanwix that they guarded or assisted in guarding said boats to Fort Stanwix that in this service Genl Van Renssalaer commanded that he served as a private in this service for at least 13 days that he has no evidence and knows of no one he can procure and ? that of Peter Eggabroat ? ?
That as near as he can remember he was in Fort Hess 15 Oct 1780 and had been nine days previously under Capt Peter Waggoner that Sir John Johnson and his men marched and past said fort that they fired from the fort on Sir Johnson’s forces and they returned fire that some rounds were discharged that an Indian was killed by those in the fort that after Sir Johnson had passed on he went and found the Indian’s musket and whom they carried off that some of those in the fort went with Genl Van Rensselaer in pursuit of Sir Johnson that he thinks he served in said Fort for at least 5 days at this time that he has no evidence and knows of no one he can procure on this since (seems to be something missing here) and further says that he may be mistaken as to the time stated by him as aforesaid when his aforesaid services was rendered but is positive that he served in times before herein specified by him and ? to the best of his recollections for the length stated by him and that he has no evidence of said services and has stated same according to the best of his recollections and belief that he for one year resided in the County of Herkimer until lately that he now resides in the Town of Oppenheim the said County of Montgomery that he resided in the County of Herkimer (blotted)a person to sign but his papers for a pension but by reason of his age and he is residing out of said county, his papers were not completed which are the reasons of his not applying sooner and further says that he is in indigent circumstances and that when the services herein stated by him as (blotted) ? done he resided in the then Town of Palatine in the now County of Montgomery where he has resided the greater part of his life and most of the time he resided in Herkimer County that he has no documentary evidence and has procured all the evidence he could as to his said services. I hereby relinquish to any claims whatsoever to a pension or annuity except the present and do swear that my name is not on the pension roll of this state or any state that he swears ?? a never was discharged from the service he can recollect but surely verbal ones.
He states he was born 13th day of November 1757 in the Town of Palatine in the County of Montgomery and that he was living in the Town of Palatine when he entered service.
This part is very repetitious.
He provided two fellow soldiers of the Revolution to verify his claim, Rev. Charles A. Smith and Peter C. Fox
He died November 4, 1832.