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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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               State of New York }
               County of Allegany}ss.
                                    Semer Withrell
               being duly sworn deposes and says
               that he cannot furnish the
               affidavit of a commissioned
               officer of the 33d Regiment New York
               State Volunteers of which deponant
               was a private in Company E. for
               the reason, that he does not
               know of any commissioned
               officer who knows of the fact.  That
               the time, place and manner
               in which the injury was
               received would necessarely
               preclude the fact of its general
               knowledge.  That the injury was
               received while in the line of duty
               and while the deponants regiment
               was in full retreat, in the night
               after the battle of Fredricksburg.
               That Eli C. Bush was a private in
               Company E. of the 33d Regiment of
               New York State Volunteers and
               knows of deponants injurys.  That are
               other reason why deponant
               cannot get more full and
               satisfactory affidavits of the
               
               ----------------------------------
               
               time, place, manners and
               Extend of his injuries, is that
               deponant was not known to as
               many of the regiment as he
               would have been, had he went
               out with the regiment when it
               was formed.  That deponant did
               not join the regiment until it
               was called an old regiment.  And
               deponant being an illiterate man,
               not knowing how to read *** write
               did not on that account mix
               up and become acquainted so
               readily with other members of
               the regiment.  That Mr. Colderwood
               of the same Company and
               regiment wrote letters for
               deponant and kept memoranda
               for deponant, and that the said
               Colderwood was shot and
               killed at the battle of 
               Gettysburg.  That deponant was,
               by the death of Mr. Colderwood
               deprived of furnishing a full
               and detaled account of himself.
               Deponant post office address is
               Canaseraga, Allegany County and
               State of New York
                                            his
               Witness Mark           Semer  X  Withrell
               Benjamin Porter              Mark
               
              -------------------------------------------
              
              Subscribed and sworn to before
              me this 25 day of September 1879
                            D. H. Holliday
                            Notary Public
                            
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