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Transcribed and submitted by Linda Talbott
from copy of record provided by Jeanine Witherell-Eaves
for the US Data Repository http://www.us-data.org/
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Formatted by U.S. Data Repository Chief Archivist, Linda Talbott
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                 State of New York  }
                 County of Allegany } ss.
                                      Eli C. Bush
                 being duly sworn according to
                 law depose and says, that he
                 resides in the town of Conesus, in the
                 County of Livingston and State of
                 New York and affiant states that
                 his post office address is Conesus
                 Centre, Livingston County and
                 State of New York that the
                 affiant was a member of Company
                 E. 33d Regiment of New York
                 State Volunteers, during the war of
                 the rebelion, & served about 
                 nine months with said
                 regiment before the experation of
                 the first two years of enlistment of
                 said regiment, that the
                 affiant knew Semer Witherell,
                 that the said Semer Withrell
                 was a member of Company E.
                 33d Regiment of New York State
                 Volunteers, that affiant and the
                 said Semer Withrell inlisted into
                 the same Regiment at Geneseo
                 Livingston Co., at or near the same
                 time, that the affiant became
                 
                 -----------------------------------
                 
                 well acquainted with the said
                 Semer Witherell, they being tent
                 mates or tenting together during
                 the time the said Semer
                 Withrell was in active service.
                 That affiant believes the said
                 Semer Withrell to have been a
                 sound & healthy man, and was
                 up to the battle of Fredricksburg
                 doing duty evry day until
                 the retreat from the battle field
                 the morning after the battle of
                 Fredricksburg.  That affiant never
                 heard the said Semer Withrell
                 complain of any akes, pains or
                 ailments from the date of
                 inlistment until the retreat
                 from the battle of Fredricksburg.
                 That affiant was with the said
                 Semer Withrell during the
                 battle of Fredricksburg and
                 during the retreat from said
                 battle.  That just before it was
                 light enough to see well, after the
                 battle of Fredricksburg and while
                 the affiant and said Semer
                 Withrell were retreating from the
                 battle field the morning after
                 
                 ------------------------------------
                 the battle, the said Semer
                 Withrell in attempting to cross
                 a ditch a short distance north
                 of the Rapahannock river, the
                 said Withrell sliped and fell
                 into a ditch.  The said Semer
                 Withrell had on his sholders
                 Knapsack, haversack, blankets,
                 Catrage box, cantean, gun & three
                 days provisions.  That the said
                 Semer Withrell was injured in
                 his back by said fall, and
                 said affiant assisted the said
                 Semer Withrell out of said ditch
                 and back to the camp the
                 regiment had left before
                 marching on Fredricksburg.
                 Affiant knows that the said Semer
                 Withrell was unable to do service
                 and never did do an other day o
                 service in the regiment, but was
                 treated daily by the sergon of the
                 regiment during the stay of the
                 regiment at that camp, and
                 until the regiment was ordered
                 away, and soon after marched on 
                 Chancellorsville.  That the
                 injury complained of by the
                 
                 -------------------------------
                 
                 said Semer Withrell was a
                 rench or strane to the mussels
                 of the back.
                 That affiant has no intrest
                 directly or inderectly in the
                 prosecution of the claim of
                 the said Semer Withrell for
                 pension.
                 
                 Subscribed & sworn to
                 before me this 30th day of
                 October 1879
                 D. N. Holliday.
                 Notary Public                         Eli C. Bush
                 
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