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articles of food for her household. That after he entered the service aforesaid he regularly sent her a part of his pay, when he received the same. That the witnesses derive their knowledge of these facts as follows: that they have resided very near the parties for ten years, and during that time have had an intimate knowledge and acquaintance with them and their affairs, and that they have known in this way of the aid given to his mother by the said James. That the drunkenness and incompetence of John Roe are matters of public notoriety in Circleville; that they have repeatedly seen him drunk and idling away his time. They further say that they do reside as aforesaid, and have no interest in this claim.*


Also at the same time and place, personally appeared before me James W. Low, a resident of Bergen, in said county and State, a person whom I certify to be respectable and entitled to full faith and credit, who, being by me first duly sworn according to law, says: that he was the captain of Company C in the 21st regiment of New Jersey volunteers, that said regiment was mustered out of service on the 19th day of June, 1863. That he well knew James Roe, who was a private in his said company. That said James Roe was killed in action on the 4th day of May, 1863, at the battle of Fredericksburg, while in the service of the United States and in the line of his duty. That deponent was present at said battle, and knows the fact. That deceased,* the said James Roe, while in his company, was always in the habit of sending to his mother Ruth Roe a portion of his pay as a soldier, and regularly continued said practice from the time he entered the service until his death. That deponent's knowledge of these facts is derived from his official position as deceased's captain, and from the fact that said

* The proof will of course vary in each case according to the particular circumstances, and it is quite possible to omit some important point. The chief end in view is to prove the fact of the claimant's dependence, in whole or in part, on the deceased for support. The mere statement that such is the fact will not be received. The witnesses must swear to specific acts of support by the son in his lifetime, and every circumstance of this kind known to the witnesses may be stated with propriety. The evidence of an employer of the son, before he enlisted, that the son was in the habit of giving his mother part of his wages, is good. Also the evidence of the mother's landlord that the son paid her rent, or any other evidence of specific acts of support, can be stated. Where the husband is alive, the Commissioner of Pensions considers it prima facie evidence against the claim, which must be removed by evidence of competent witnesses to the circumstances which make the husband unable to support his wife. If he be so sick or disabled as to be unable to work, this is easily proved; but difficulties gather around the case in proportion as the cause of the husband's disability be within his control.

The following are the rules laid down by the Commissioner of Pensions in these cases : “1. In no case will the dependence of the mother upon her son for support, whether wholly or in part, be taken for granted on the mere affidavit of the claimant. The allegation must be sustained by positive proof that she has actually received her support during a stated period, either wholly or in part, from the deceased soldier on account of whose military services she presents ber claim. This can be proved by the affidavits of two credible witnesses, who are not interested in the result of the application; by the production of evidence that a portion of the soldier's pay (by allotment ticket or otherwise) was regularly transmitted to the mother; by proof that he constantly paid, or contributed toward paying, her board, house rent, or other specific and necessary expenses, or by such other equivalent. testimony as will clearly establish the fact in question. It is not sufficient to prove that the mother received occasional presents from the deceased.

“ 2. If the mother has a husband living, that fact is regarded as prima facie evidence that she was not, in any degree, dependent upon her son for support. In such case, before she can be admitted on the pension roll, it must be clearly proved that her husband has refused or neglected to provide for her support (stating for how long a time), on account of physical disability to labor, having no other source of income; or else that, having deserted her, he is beyond the reach of legal compulsion to contribute to her maintenance. The proof required in this case is that of two credible and disinterested witnesses, who must state their means of knowing the facts to which they make affidavit.

“ It is my opinion that if the mother of a deceased soldier has a husband living, who is not proved to be either unable to support her, or in such a situation that she cannot enforce her legal claim upon him for subsistence, she is not entitled to receive a pension by reason of the service and death of her son.”

James has given deponent money to forward to his said mother. *


Sworn to and subscribed before me, by the said Thomas Doe, Cornelius Roe, and James W. Low, on this 10th day of November, 1863; and I certify that I have no interest in said pension claim, direct or indirect.


Justice of the Peace.

When the papers composing a claim are all prepared, care should be taken to ascertain that there are no blanks left unfilled, no errors of date, or omissions of signatures, either of applicant or witnesses; and that the county clerk's certificate is attached to all the depositions attested before a justice of the peace, notary public, or other officer. Where there are several papers sworn to before the same officer, one certificate will answer for all, provided it be in the plural, and attached to all the papers by ribbon and seal.

In transmitting a pension claim to the Commissioner of Pensions, and, indeed, in all official correspondence, there is no need of writing a long letter. Brevity is the soul of business as well as of wit, and the fewer words the better. Letters to the Departments should always be written on letter paper, and folded to a third the length of the page, and in its full width. This leaves it about the same size as all law papers are folded in for filing.

The declaration, and all the evidence submitted in support of it, should be folded together in the ordinary form of law papers, and a legible indorsement of the claimant's name, the nature of the pension claimed, and the attorney's name written thereon.

* The evidence of an officer that the son sent home money regularly to his mother, and through him, if such be the fact, is the best evidence of the fact of support in whole or in part. Where a portion of the soldier's pay has been allotted to his mother under the regulations regarding allotments, proof of this fact should be furnished, and will be conclusive. Where an officer has left the service his evidence, must be taken in the same manner as that of any other citi. zen; while in the service he is not required to swear, his simple certificate of the fact being all that is necessary.

Since the 1st July, 1863, letters to the various departments of the Government must be prepaid. Packages will, therefore, have to be carefully weighed, and the proper amount in postage stamps placed upon them.

On acknowledging the receipt of a claim, the Commissioner communicates the number which it bears in his office, which number ought to be carefully recorded. All further communications with the Pension Office respecting it should refer to the claim by this number, and when additional evidence is forwarded, the words “ additional evidence” ought to be written outside the envelope, together with the number of the claim.*

Additional evidence is called for where the proof offered in the first instance is not considered sufficient, or has omitted certain facts. Sometimes the death of the soldier does not officially appear on the rolls in the office of the adjutantgeneral, in which case the fact must be proven by affidavit of the surgeon of the hospital in which he died, if a civilian. If he is an army surgeon, his certificate of the death will be sufficient. The certificate ought also to contain the cause of death.

When the cause of death was other than in action, a certificate will be required, if possible from the captain, or some other commissioned officer having personal knowledge of the facts, setting forth the time when, place where, and circumstances under which the disease was contracted, and that it was so contracted while in the service of the United States, and in the line of his duty.If the officer certifying these facts shall have left the service, they must be sworn to, as in the case of an ordinary witness. It will be well to obtain this certificate in the first place, where the death was caused by disease, and file it with the original application, as it will certainly be called for.

* See Instructions of Commissioner.

+ When a prisoner of war voluntarily goes into civil employment in the enemy's country, and remains there till the war is over, he is to be regarded as a deserter, and, consequently, is precluded from the benefit of the pension laws. Opin. Sec. of War, August 31, 1840.

In all other cases where additional proof of specific facts is called for, the same must be furnished by procuring the affidavits of two witnesses having knowledge of the facts. They must state their means of knowledge, and that they have no interest in the claim. The officer before whom the affidavit is taken must certify that the witnesses are respectable and entitled to credit, and that he has no interest in the claim.

No revenue stamps of any kind are necessary on any papers prepared for the purpose of obtaining arrears of pay,

, bounty, or pensions. (See act of Congress approved March 3d, 1863.)

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