The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-08

county court OF Writ county, West Vir-
GINA, and that the said Fisher Is ut pres
emit still acting In the capacity OF guardian,
and that application was duly made to the
Pension Department by said Fisher for q
pension for the said minors, and that that
application, after having been considered
by the department, was rejected upon the
only ground, as stated by the Commiss-
Toner, that II did not appear from the rec
ords Of the War Department that Dakin
was absent from his company, at the time
Of his death, by leave Of the commander oil
the post.
Il further appears from the testimony
before the committee that the said Dakin
had received from Lieut.. P. E. dis, the
commander OF the post at New Greek, Q
pass dated the 9TH day Of July, 1854, good
for ten days, from New Creek TO Cumber-
land and return. The identity Of the pass
Is established by the testimony Of the ON.
Ger on whose requisition 1t was Issued, as
also by the testimony Of several witnesses
who saw the pass and heard Lieutenant
Dis say that he had given that very pass
tolDakin. .,;.h
II was while travelling on this pass, with;
out negligence whatever on the part Of
Dakin, that he was accidentally killed.
This Is conclusively proved by the test;
mony OF Lieutenant Dis, and OF several
Others. eyewitness Of the accident, who
swear that they saw the pass taken from
me dead body OF Dakin, after 1t had been
removed to the station, as well by the
afidayit OF his widow, to whom the pass
was then forwarded. ,r.
II Is very clear to the judgment OIL !nls
committee that since the Commanding
officer gave Dakin pass, issuing It IN ms
(Dakinfs) name, he (the oticer) must
necessarily have given him (Dakin) per-
mission to use 1t.
This view Of the committee is strongly
confirmed by Lieutenant Dis, who says,
after describing the occurrence OF the &C.
cident, ~ know he was killed In the man
ner stated, while in the service. OF the
United States and line OF duty" Y is
naturally apparent that Lieutenant DIS
evidence must be accepted as positive
proof OF the fact that Dakin was in the
line OF duty at the time OF his death, al.
though that officer was negligent in not
complying with the regulations OF the
War Department requiring him to make
an official return Of the pass to the proper
authorities. However that may be, 1t was
not done, and his subsequent statements
| TO the effect that he had given such pass
i TO Dakin and that it was while travelling
on 1t that he was killed, together with the
corroborating testimony OF Bennett and
others, leads this committee to the opin.
ion that Dakin was in the line Of duty at
the time OF his death, and, therefore, It Is
further OF opinion that the failure OF the
said officer to transmit copy Of the pass,
or some record Of its having beea issued in
favor OF Dakin, to the proper author
tiles ought not TO be the reason for re-
fusing to grant this claim, and
since this Is the only ground upon
which the rejection Of the claim is based
the committee are unanimously Of the
opinion that the said heirs at law Of Will;
lam Dakin are entitled to the relief prayed
for.
1 House bill No. 1888 with the recommen
dation that It do pass the House.