Copyright USGenNet Inc., 2011, All Rights Reserved U.S. Data Repository Please read U.S. Data Repository Copyright Statement on this page: 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/ ========================================================================= U.S. Data Repository NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization. Non-commercial organizations desiring to use this material must obtain the consent of the transcriber prior to use. Individuals desiring to use this material in their own research may do so. ========================================================================= Formatted by U.S. Data Repository Chief Archivist, Linda Talbott All of the above information must remain when copied or downloaded. =========================================================================== DECLARATION FOR ORIGINAL INVALID PENSION To be executed before a court of record or some officer thereof having custody of its seal. State of New York } County of Livingston}ss: On this 11th day of October, A.D. one thousand eight hundred and seventy seven personally appeared before me, Judge of the County Court, a court of record within and for the county and State aforesaid, Semer Withrell, aged 64 years, a resident of the town of Ossian, county of Livingston, State of New York, who, being duly sworn according to law, declares that he is the identical Semer Withrell who was ENROLLED on the 28th day of August, 1862 in company E of the 33d regiment of New York Vol. commanded by Col. Robert Taylor, and was honorably DISCHARGED at Washington on the 19th day of August, 1863; that his personal description is as follows: Age 64 years; height five feet ten inches; complexion, ______; hair, Sandy; eyes, blue. That while a member of the organization aforesaid, in the service and in the line of his duty on the retreat from the battel at Fredricksburg half mile from the river, in the state of Virginia on or about the 15th December, 1862, he was retreating with his regiment after the battle of Fredricksburg Virginia, was in the night, he fell into a ditch and so renched his back as to be unable for duty, was sent to hospitale in the spring of 1863 at Aqua Creek, and from Aqua Creek to Convillesant Campt at Alexandria. That he was treated in hospitals as follows: at Aqua Creek about three weeks, went then about the 28th day of April 1863, was sent from there to the Convelesant Cap at Alexandria, Va., was there some two months. That he has not been employed in the military or naval service otherwise than as stated above. Was sent from Convelesant Capt to the Invalid Corps, and sent to Arlington Hights, was there about four weeks. That since leaving the service this applicant has resided in the town of Ossian in the State of New York, and his occupation has been that of a day laborer, but has been able to work **** for the reason of my hurt. That prior to his entry into the service above named he was a man of good, sound, physical health, being when enrolled a farmer. That he is now partly disabled from obtaining his subsistence by manual labor by reason of his injuries, above described, received in the service of the United States; and he therefore makes this declaration for the purpose of being placed on the invalid pension-roll of the United States. He hereby appoints, with full power of substitution and revocation, Daniel H. Holliday of Canaseraga, State of New York, his true and lawful attorney to prosecute his claim. That he has never received & never applied for a pension. That his POST OFFICE ADDRESS is Ossian, county of Livingston State of New York. his Semer X Withrell Mark Attest: J. B. Voorhees Wm McNinch --------------------------------------------------------------------------- Also personally appeared Wm McNinch, residing at Ossian, Liv Co NY and Daniel B. Voorhees, residing at Dansville, Liv Co NY, persons whom I certify to be respectable and entitled to credit, and who being by me duly sworn, say they were present and saw Semer Witherell, the claimant, sign his name (or make his mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintaince with him, that he is the identical person he represents himself to be; and that they have no interest in the prosecution of this claim. D. B. Voorhees Wm McNinch Sworn to and subscribed before me this 11th day of October, A.D. 1877 and I hereby certify that the contents of the above declaration &c., were fully made. --------------------------------------------------------------------------- ADJUTANT GENERAL'S OFFICE Washington, D.C., Feby 21st, 1878 Sir: I have the honor to acknowledge the receipt from your Office of application for Pension No. 244.034, and to return it herewith, with as much information as is furnished by he files of this Office. It appears from the Rolls on file in this Office that Seymour B. Witherell was enrolled on the 28th day of August, 1862, at Geneva, NY in Co ___, 33rd Regiment of New York Volunteers, to serve three years or during the war, and mustered into service as a Pvt Rct to date 28th day of August, 1862, at Albany Depot, in Co. _______ 33rd Regiment of New York Volunteers, to serve three years, or during the war. On the Muster Roll of Co "E", of that Regiment, for the months of September and October, 1862, he is reported resent Nov and Dec 1862 Present, without remark as to disability. Jany and Feby 1863 Absent. In arrest, awaiting sentence of Court Martial Mch and April 1863 Absent in Division Hospl Sick. Sentenced by C.M. for absence without leave to forfeit $10 per month of his monthly pay for three months. Roll of Detch 33rd NY Vols, attached to the 49th NY Vols (to which transf'd) for May and June 1863 reports him Absent sick in Hospl. July and Aug 1863 Same report. Sept and Oct 1863 Transf'd to 49th N.Y. Vols Oct 1, 1863. Roll of Co "D" 49th N.Y. Vols for Sept and Oct, 1863 reports him Absent sick. Nov and Dec 1863 Pvt transf'd to Invalid Corps. The name Semer Withrell is not borne on the Rolls of Co "E", 33 New York Vols. Muster Roll of 7th Co 2nd Batt V.R.C. to which transferred Augt - 1863 for July & August, 1863. Discharged on Surgeons Certificate of Disability Aug, 21, 1863. Cause of transfer not Stated Co. and Reg't Books of 33rd New York **** are not on file. --------------------------------------------------------------------------- 244.034 Seymour Witherell E 33 N.Y. Advocate Seal R.R. 677 WAR DEPARTMENT BUREAU OF MILITARY JUSTICE WASHINGTON, dECEMBER 10th 1881 Seymour B. Witherell, Pvt Co. "E" 33d Regt, New York State Volunteers, was arraigned before a General Court Martial convened at **gns 3d Vermont Vot's, on February 17th, 1863 upon the following charge: Charge: "Desertion" Specifications--"On that he did, on or about the 3d day of February, 1863, desert his Company and Regiment, and did remain absent until on or about the 9th day of February, 1863, at which time he was reported under arrest by the Division Provost Guards. This at the Camp near White Oak Church, Va." He was found not guilty of Desertion, but "guilty of absence without leave" and sentenced to forfeit ten (10.) dollars per month of his monthly pay for the period of three (3) months, and to walk a beat alternately two hours on and two hours off during twelve hours each day for the period of ten (10) consecutive days." Proceedings, findings, and sentence approved by Brig. Gen'l. A.P. Howe, commanding 2d Division 6th Corps, February 19th, 1863. D.E. *aim Judge Advocate General ===========================================================================