PATRICK O'DONAGHEY REV WAR PENSION, NEW YORK Copyright (c) 2000 by Fred Hatch (fhatch@mediaone.net). ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submittor has given permission to the USGenWeb Archives to store the file permanently for free access. ************************************************************************ Revolutionary War Pension File for Agnes(s) O'Donaghey as widow of Patrick O'Donaghey. Transcribed and annotated by Deborah and Fred Hatch (fhatch@mediaone.net) NY Counties involved: Onondaga, Orange, Orleans, Ulster Surnames: O'Donaghey, Smith, Marsh, Birdseye, Wheaton, Bush The lines enclosed by "" and "" brackets are transcriber's notes. The transcription is almost complete with only a few legal or clerk's notes omitted. "----" entries indicate words that were too illegible to transcribe. The various symbols apparently used to mean "and" are replaced by "and". From other documentary evidence, O'Donaghey appears to be the spelling accepted by Patrick and his offspring. ( Patrick was literate, Agnes was not. There is a trail of clerks and census takers who had no idea how to spell an Irish name.) Patrick may have lived in Orange County just prior to the Revolution. He may have been the person whose signature on "The Revolutionary Pledge" in 1775 in Cornwall is recorded as Patrick O'Dey and/or listed as an officer under the name, Patrick O'Duddle, in "Pioneer Families of Orange County". His Revolutionary War record shows that he served in the 1st NY Regiment from December, 1776 to July 1883. (He may have had earlier service in a militia unit but we know of no records supporting this conjecture. The records show service at Fort Schuyler, Schnectady, Albany and West Point. In 1780 he was promoted to Corporal and demoted back to private ten months later. This pension record shows that he was married in Montgomery, Orange County in 1787 to Agnes(s) Smith. The 1790 Census finds him in Wallkill, Ulster County, NY with three females, probably his wife, eldest daughter (Ann) and his mother-in-law. This record indicates he and his family first moved to New York City then to Schnectady and eventually to Fabius, Onondaga,NY. The US Census finds them in Schnectady mispelled as O'Honaghy in 1800. The 1810 US Census shows his widow and family in Fabius. The O'Donaghey's had at least three children who survived to adulthood. Ann born 7 Oct 1788, in Montgomery, Orange County, NY. She married Daniel Marsh. She died 27 Dec 1870, in Pompey, Onondaga, NY. Their daughter, Betsy Ann married Victory James Birdseye. He was the son of Victory Birdsye (see below). William S. born 1791. He married Laura Swift. By 1830, they had moved to Chautauqua County. He died there in 1878 and is buried in Hanover. Elizabeth born May 1799 in Schnectady, NY. She was married to James McDavid. They lived some time in Canada accompanied by her mother. By the 1840's they moved to Medina, Ridgeway, Orleans, NY where she died 13 DEC 1859. Agnes died in Aug 1846 in Medina. She shares a Headstone with her daughter Elizabeth. They were originally buried in what is now a Medina park. The Headstone was later moved to Boxwood Cemetery where it can now be found. New York O'Donaghy, Patrick W 20997 or O'Doneghey Agness payment statement (signed by H. Wheaton) omitted Deposition of William S. O'Donaghey, son of Patrick and Agnes State of New York, Chatauqua County William S. O'Donaghey of the town of Stockton in the said county aged 55 years being duly sworn, deposeth and sweareth that he has always understood and ----- from his earliest recollection that he was the son of Patrick O'Donaghey and of Agnes his wife, that he was thought by others as their child and always understood that they were regularly lawfully married. That his said father died at Fabius in the county of Onondaga, State of New York in the winter of the year 1805 (changed in margin to 1807). That this deponent well recollects that his father uniformly claimed to have served for seven years as ----- as a soldier in the New York ------ in the army of the revolutionary war. That he had on his person the marks of two wounds, the one near his knee which he always claimed to have received while in service and the other in his heel. The deponent further states that on the occasion of the removal of this deponent to the county of Chatauqua about sixteen years ago he this deponent took and brought with him the papers-- what few of them there were then left--which had belonged to his father. That among these papers was the certificate of marriage of his said father and mother's which certificate this deponent included in a letter to Mrs McDavid the sister of this deponent some years ago. The mother of this deponent then still residing with Mrs McDavid. Next this deponent knows that he had frequently seen the said certificate among the papers which belonged to the family as many as thirty years and he knows that it was in the same state when he first saw it as it was when he so included it in a letter about it by mail to his said sister and that it had not been altered when he forwarded it to his said sister during the time it had been in his possesion or from the time that he first saw it. The deponent further states that his said mother Agnes O'Donaghey now living in Medina in the county of Orleans in this state in the family of James McDavid who married Elizabeth the sister of this deponent that they have resided at Medina aforesaid since last spring but previous to that time they had resided for about 15 years near Toronto in Upper Canada. That this deponent knows that it was generally reported and ------ by memory and the acquaintances of this deponent's father while he was alive and after he was dead that he was a soldier in the Revolutionary War and drew land from the State of New York for his service after the war this deponent knows not. Sworn 20 January 1846 legal notes and formal headers Omitted Deposition of Conrad Bush State of New York, Onondaga County fr: Conrad Bush of the Town of Pompey in the County of Onondaga State of New York being sworn in due form of law doth depose and say that he is eighty-three years old, deposes next he was a soldier in the army of the Revolution in the New York line and that he is a pensioner of the United States under the Act of 1828. Next, this deponent immediately after the war living at Montgomery town in Orange County state aforesaid. Next, there he being acquainted with Patrick O'Donaghey. Next, he resided there about five years then he moved to Mama--eating in Ulster County where he continued to reside until he moved to Pompey aforesaid. Next, while he lived at Montgomery town aforesaid he was acquainted with Agnes Smith. Next, she was the daughter of a Widow Smith who lived a little more than a mile from the then residence of this deponent. Next, the said Patrick O'Donaghey was reported to have been married to the said Agnes Smith and they ------ as husband and wife among their acquaintances. After this deponent removed from Montgomery town to M------. Next, this deponent was not present at this marriage and only knows the fact from the general reputation while residing in the neighborhood. Next, this deponent was also acquainted with the said Patrick O'Donaghey and his wife after this deponent removed to Pompey aforesaid. Next, they came to reside in this adjoining town of Fabius. Next, this deponent knew them while they resided there. That they lived together as husband and wife there til he died. Next, this deponent has no other knowledge that said P. O'Donaghey was a soldier in army of the Revolution ---- what he obtained from his acquaintance after the war. Next, at his first acquaintance with him he, the said Donaghy, was dressed in the uniform worn by the soldiers in the army. That he frequently in conversation with this deponent spoke of his service as a soldier in the army of the Revolution. Next, it was customary for the soldiers of the Revolution immediately after the war to continue to wear their soldiers dress. The scarcity of procuring cloathing rendered it necessary. Next, this deponent continued to wear his uniform for some time after the war. Sworn and subscribed this 4th day of December 1838 before me. Horace Wheaton. Comm of Deeds. I hereby certify that I am personally acquainted with the above named Conrad Bush and that he is a credible witness. Note: Horace Wheaton was a member of Congress and the brother-in-law of Ellen Birdseye Wheaton. Her brother Victory J. Birdseye was married to Agnes O'Donaghey's grandaughter. Letter from Commissioner of Pensions, J.L. Edwards, to Victory Birdseye omitted Deposition of Victory Birdseye He was the the lawyer representing Agnes, father-in-law of the O'Donaghey's grandaughter, a noted local political figure and former member of Congress. State of New York, County of Orleans Victory Birdseye of the town of Pompey in the County of Onondaga being duly sworn deposeth and saith that he settled in Pompey in the County of Onondaga in June of the year 1807. That he is by profession an attorney and counselor at law. Next, soon after he went to reside at Pompey aforesaid he became personally acquainted with Agnes O'Donaghey now present and has been acquainted with her ever since altho it is now many years since he has seen her until the present interview. Next, he well recollects that at an early period of his acquaintance with her he found it was the universally received opinion of people in that vicinity that her husband had been a soldier for during the war in the Revolutionary army and had drawn a lot of land for his service in the said army. Next, about the year 1825, this deponent as the attorney and counsel for Barnabas Vary and others was employed to pursue a suit in judgment for lot number fifty nine Cicero. Next, the claimant claimed the said lot to have been granted to Patrick O'Donaghey for his service as a soldier in the army of the United States during the Revolutionary War- that such title was claimed under a law dated the 10th of December 1784 and that such claim was established and claiment held it. The deponent further saith that in 1838 this deponent was employed to obtain a pension for Mrs O'Donaghey and then obtained the affidavit by Conrad Bush which is hereto annexed. But Mrs O'Donaghey then resided in Canada. This deponent corresponded with the commissioner of pensions as to the proper mode of proceeding in her case and then received the answer in letter from him and in consequence of the directions contained that her declaration to get the pension and the documents to procure the same must be made before a court or magistrate in the United States. Further proceedings were suspended in the case on account of the difficulty of procuring her attendance to make such declarations in the United States while she remained a resident of Canada and further he saith not. 8 January 1846 attested and signed by James Gilson a Judge of Orleans County Courts. There are independent records showing that Patrick sold his land bounty rights shortly after the war and that those land bounties were later exercised. Deposition of Elizabeth McDavid, daughter of Patrick and Agnes O'Donaghey State Of New York, County of Orleans Elizabeth McDavid of the village of Medina in the County and State aforesaid being duly sworn according to law doth upon her aforesaid oath says that as she has always understood her age she was forty six years of age last May. That she is the daughter of Patrick O'Donaghey and Agnes his wife which said Agnes O'Donaghey is now present. That her father the said Patrick O'Donaghey died in the February previous to the May in which this deponent was six years old. Next, this deponent has a distinct recollection of her said father. That she frequently understood from him that he had been a soldier in the revolutionary war for seven years and six months. This deponent has known her said mother ever since the death of her said father and knows that she has never been married to any other husband since his death. That her earliest recollections of the opinions received in the family were that her father and mother were lawfully married. She never heard a suggestion to the contrary. She further says that the annexed certificate of her marriage came to her a few months since from her brother who resides in the County of Chatauqua and who had taken all the papers of her father with him many years ago when he removed to the County of Chatauqua in this state. The deponent further saith that her said mother has resided in this deponent's family for about eighteen years just past and that for about fifteen years previous to last spring the said Agnes O'Donaghey resided in Canada as stated in her declaration hereto annexed in the family of this deponent. Next, on the occasion of the removal of this deponent's husband with his family back to Medina last spring the said Agnes returned to Medina aforesaid where she now resides in the family of this deponent's husband. Further this deponent saith not. 8 January 1846 signed by Judge Gilson Deposition of Agnes O'Donaghey State of New York, County of Orleans On this 8th day of January in the year 1846 personally appeared before James Gibson the undersigned being one of the Judges of the Court of Common Pleas in and for the County of Orleans and in and for the State of New York- Agnes O'Donaghey- a resident of the village of Medina in this town of Ridgeway in the county aforesaid aged 89 years, who being first duly sworn according to law doth on her matter make the following declaration in order to obtain the benfit of the provision by the Act of Congress dated July 7,1838 entitled "An Act Granting Half-pay and Pensions to certain Widows" that she is the widow of Patrick O'Donaghey who was a private, soldier in the army of the United States during the revolutionary war. That her husband as she always understood him served seven years and six months as ---- private soldier during the --- Revolutionary war. Next, she understood from her said husband. Next, his last captain was Charles Parsons and that his said service was in Col Van Shaick's Regiment of the New York line. She believes that Benjamin Gilbert was one of the commissioned officers of the company in which her said husband served. She thinks that her husband at one time of his said service performed the duties of a sergeant in said company, but whether the appointment was occasional and temporary or permanent she is unable to state. Next, she is unable to state the day year or month in which her said husband entered the service or the day month or year when he left the said service. That she has no documentary evidence of the service of her said husband, that he always claimed to have served to the end of the war and to have received a regular discharge from the army when the rest of the soldiers were discharged at the end of the war- and that his discharge had been stolen out of his packet or lost by him before her marriage with him. She thinks her husband resided near New York in Cherry Valley is crossed out when he entered the army but of this she is not very positive as she was not acquainted with her said husband until after the war was over. Next, she always understood her said husband that he entered the army voluntarily not as a draftee nor as a substitute. Next, her said husband bore the marks of two wounds one in his heel and the other near his knee. Next, in his heel he said was made by a bullet and that the bullet was cut out of his heel. Next, that near his knee was made by a bayonet. Next, he often complained of his wounds as painful especially before a storm would he so complain. That her said husband she always understood was in many battles and that he received the said bayonet wound at the relieving of some fort. That her said husbnad drew a lot of land in Cicero for his said service from the State of New York but that he had sold his right before she was married to her said husband. The deponent further saith that she, this deponent, was married to the said Patrick O'Donaghey on the twelth day of November in the year of our Lord 1787. They were married in Montgomery Precinct in the County of Ulster in the State of New York. Next, they were married by James Templeton a clergyman of the Presbyterian denomination who was employed to preach for a short time in the neighborhood where they were married. She has now in her possession the original certificate given to her by the said James Templeton at the time of their said marriage certifying the said marriage-- which original certificate follows: "These may certify to all whom it may concern that Patrick O'Donaghey and Agnes Smith were lawfully married in Montgomery Precinct Ulster County the State of New York on the 12th day of November 1787 by me. Jms Templeton V. D. M." This marriage certificate is included in the pension record. That her husband the aforesaid Patrick O'Donaghey died 21 February 1805. That she was not married to the said Patrick O'Donaghey previous to his leaving the said service but the marriage took place previous to Jan 1, 1794: viz at the time above. The deponent further states that she has no other documentary evidence to provide for her said marriage that this certificate above described hereto annexed and the fragment of an affidavit which is hereto also annexed which affidavit was procured in the year 1800 by Peter W------ of Albany received for use in some way relative to the title or claim to the law which my husband was entitled to for military service. That this affidavit was partly discharged many years ago. That this deponent does not know of any living witness by whom her said marriage could be proved. She further says that she never was married to any other person than the said Patrick O'Donaghey that she remains his widow. That since of her daughter Betsy having married to James McDavid she has resided in their family for many years. Next, for thirteen years previous to last spring she resided in the family of the said McDavid in the province of Canada about 15 miles from Toronto. Next, last spring her said son-in-law removed ------ to the State of New York to the village of Medina in the County of Orleans where she now resides.----- She returned with them- that she understood that there was some difficulty in making application for her said pension while she remained a resident of Canada- distance is the reason why her present application for a pension was not made out at an earlier period. She further says that she desires that this declaration ond the proof accompanying the same be taken by the War Department in support of her claim to a continuation of her said pension. Subscribed and sworn to before me this 8th day of January 1846. Above written the said declaration having first read over to the said Agnes O'Donaghey in my hearing and understood by her - she being blind. Signed James Gibson. statement by Elyah Dan? clerk of Orleans County that James Gibson is a Judge etc. Omitted Deposition of Ann Marsh, daughter of the O'Donaghey's State of New York Onondaga County Ann Marsh the wife of Daniel Marsh of Pompey being duly sworn deposeth and saith that as she has always understood her age was fifty eight years old on the 7th day of October last. Next, she was the daughter of Patrick O'Donaghey and Agnes his wife and their oldest child. That she was born as she always understood and believed at Montgomery in Orange County in the State of New York. Next, from her earliest recollection it has always been the understanding in the family of her said father and mother that they were lawfully married- the fall before the deponent was born. The deponent further saith that her said father Patrick O'Donaghey died at Fabius the 21st day of February 1805. That this deponent was present at his last illness and was present at his funeral. That from her earliest recollections she uniformly understood from her said father that he had been a soldier in the New York troups during the revolutionary war. That he claimed to have served the whole war or seven years and six months. Next, the only captain under whom he served whose name she now recollects was Captain Parsons. That her said father she believed served in the first New York Regiment but of the ----- of the regiment she is not very positive but knows that she has always understood and believed that he drew from the State of New York lot number 59 in the town of Cicero in the County of Onondaga in this state for his war military services. She further says that her said father she distinctly recollects bore upon his person the marks of two wounds which he always claimed to have received while in the army in the said war of the revolution. The one of which wounds was in his heel which he said was made by a bullet which had to be cut out. The scar of which had the appearance of a purse or mouth of a work basket drawn up. The other wound was just above his knee through the thigh and which he claimed to have been made by a bayonet or Hessian knife fastened onto a gun. Next, the wound in the heel was to be very troublesome to him in the winter- he used to complain of it as painful before storms. The deponent further saith that her mother the said Agnes O'Donaghey whose pension papers are hereto annexed now resides at Medina in the County of Orleans in the family of James McDavid who married the sister of this deponent. That she resided in his family in Canada about fifteen years previous to last spring when they returned to Medina aforesaid. That this deponent visited her said mother and sister three times while they so resided in Canada as aforesaid and last October she visited her at Medina aforesaid. She further saith that her mother has never been married to any other husband since the death of her said father. The deponent further saith that there was a family record kept in her said father's family of the ages of his children that was written in the handwriting of her said father and written upon the blank leaf of his Bible. That leaf got loose and was thrown into the fire by Mary Marsh the daughter of this deponent when a young child and burnt up. The said Mary Marsh was born in the year 1812. That she destroyed the said leaf- on which the said record was- in the spring of the year 1815. The said Mary was married to Philo F. Newman of this town and has been dead now twelve years. That when this deponent was about four years old her father and mother moved from the neighborhood where she was born and had been brought up to New York. She recollects that they went through Newbourgh and went in a vessel to New York. Next, her said father and mother lived in New York about two years and then removed to Albany and lived there some years and then removed to Schenectady. Next, after living in Schenectady about two years they removed to Fabius. That he continued to reside in Fabius from the time he moved there which was in 1801 to the time when he died. Next, while her said father and mother were residing in Schenectady aforesaid she recollects that her father and mother were talking about their marriage when her said father produced and exhibited to deponent's mother a paper which he called their marriage lines. That paper was about the size and appearance of the marriage certificate which is annexed to the pension papers of her said mother hereto annexed and further this deponent says that she has never seen any other record of the marriage of said father and mother or any document---ing his said military service. That she understood her father that he had lost his discharge with his pocket book and papers and some money. She believing that such loss he claimed to have been while they so resided in New York City and further this deponent saith not. 28th Day of January 1846 attested to by Seir Wells, Justice of the Peace" Document attesting to H. Weaton's qualifications for attesting to the Bush deposition above. Omitted. clerk's note explaining the "Marriage Certificate" and the Marriage Certificate quoted in Agnes' deposition. transcription omitted 2 file cover sheets showing one showing that a $400 pension payment was made on 26 MAR 1846 and sent to H. Wheaton, H.R. House of Reps. Washington, March 23/46 J.L.Edwards, I wish to call your attention to the application of Agnes O. Donaghey widow of Patrick O'Donaghey for a Pension. It was sent to you by Mr. Birdseye of Pompey, NY. I desire an examination of this cas at as early a day as possible. Very Respectfully, H. Wheaton