The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-11-05
THE CASE OF GENERAL 0nLLEx
His Statement of the circumstances Un-
der Which He Suspended by the
Commissioner of Pensions.

In the daily papers of last Wednesday APP
peared a Washington dispatch, announcing
the suspension, among others, of j. z. C1lley'
pension claim agent of this city. Next days
dispatches further stated that he was suspend
cd upon evidence that he, hearing of a pre-
posed investigation of pension claim, furnish
ed witnesses copies OF their affidavits filed in
support of said claim; informed them that a
special examiner was coming, and requested
them to prepare for an examination.
A reporter Of the Courier-Gszette called up
on Gen. Cilley and found him in his pleasant
Office in the Custom House building. He
received the reporter cordially, and in response
to remark that the Pension Office had sus-
pended him, the general said:
eyes, they have-after the tabled method of
hanging a man and then requiring him to
prove his innocency."
"What is the charged" asked the reporter.
81 will give you the exact words: "Upon
evidence tending to show that, upon learning
that an investigation was to be instituted as to
the merits of the claim for pension Of Daniel
Duncan, No. S49,442, you furnished several
atlantis in said claim with copies of their
affidavits, and instructed them to prepare
themselves accordingly. You will be allowed
80 days to disprove the charge"
81 notice it says, that upon learning tha an
investigation was to be made. How did you
learn it?
From the usual official notice sent in all
similar cases. Here is copy:
sYou are informed that it has become necessary
to have claim No. AS, ,442, Daniel Duncan, de
termined by a special examination. For this pur-
pose the papers in the case have been forwarded to
ol of
at Rockland, Knox county, Maine, who will notify
you Dy mail, in due time of the probable date at
which he win enter upon. said examination, and
will afford you opportunity TO be present in per
son or by attorney; Very respectfully,
w. w. DUDLEY, Commissioner.
"What did you do on receiving the notice2"
looked over the claim and the names of the
atlantis. 1 found most of the witnesses had
2 IL years. To refresh their memories sent
them copies of their affidavits." "
Have. you a copy of the letter you sent
them?"
eyes; here is lithogram copy. Having
quite number to send made these copies.
.'DEA R SIR:-Daniel Duncan's claim for pension
is soon to be examined by clerk from the pension
office. To refresh your memory and to enable you
to answer intelligently. such questions as may be
put to you, send you herewith copy of your afi-
dayit Please read it and refresh your recollection
Very truly, up. CILLEY."
ibid you violate any order or instruction of
the pension Office in so doing?"
mot to my knowledge. I have carefully
examined the pension office digest, some 270
pages, and fail to find any implication of its
being wrong. 1t lies in my own mind thus:
1t was not only my right, but my duty, to
inform the affisnts on their former affidayits.
No attorney would allow oRe of his witnesses
without notice, to be re-examined or cross
examined on an affidavit given TWO and one
half to three years before, without an oppor-
tunity to read such an affidavit, and refresh
his memory in the subject. Otherwise the
mere surprise might confuse the atlantis men,
ory and destroy his power of answering intsl-
ligently."
"Where does Duncan live, and what was
his company and regiment?"
HE lives in Vinalhaven, and belonged to
Go. g., 2Sth Maine Vols, raised in Rockland
and VinalhaveE."
''For what does he claim pension?"
He claims pension for a severe cold fol-
lowed by kindney trouble, and for an injury to
his right shoulder and arm received in East
New York, the last of 1862, which he describes
thus in his affidavit:
That at the time Of injury to his right arm and
shoulder he was engaged near the fire of the COM
pany cook and helping him; he does not remember
whether or not he was detailed to help the cook
but was there for that purposes that while thus en-
gagged Paris Norton, private of saidscoinpany, in
play or in anger, he does not know which, but
knows no occasion for any anger, seized him, lifted
him from the ground and threw him down, so that
he struck on his right arm and shoulder, and re-
ceved the injury for which he claims pension; that
this aftant was not engaged in any scufie or play
or contest with said Norton but was without notice
or intimation seized and thrown as stated above.
"Have you any objection to giving the names
of the witnesses in his claim?"
They were Capt. Augustine Thorn pson ,
Orderly Sergeant William Thurston, Stephen
Mills, Hiram FL. Bradstreet, james q. Calder
wood, Vincent Norton,-all members of Co. G..
Harvey Carver, Eliza j. Calderwood and Sa-
rah j. Carver testified as neighbors; DIR. Fred
A Smith as physician; and Hospital Steward
Jennings, whose records, kept at that time,
showed that Duncan was admitted to hospital
Jan 2. 1868, and remained to Jan. IL, 1862
"What is your opinion about the merits Of
the claim?"
81 have always consi Tered it mertorious
claim. have only a personal acquaintance
with one of the above named witnesses-Wi
liam Thurston. l know him to be very
truthful man. All the others suppose to be,
but have never met any of them, except Mills
and Norton Mr.. Duncan has been exam ined
both at Rockland and Belfast, and the examin-
ing surgeons must have found nim disabled or
the case would have been rejected on their re-
ports 1 have never heard it intimated that
tbs claim was fraudulent or frivolous, but
know nothing of any adverse testimony to it.
/ can say, emphatically, that have acted
fairly, honestly and justly, with no intention
or purpose OF influencing any af6ant to vary in
any manner from the truth"
rs it any presumption against pension
claim to have it examined speciality"
mo, sir. 1t is the purpose of the present
Commissioners to examine in this manner az
many claims as possible. For instance there
have been examined specially in this CITY and
Vinalhaven this summer the following claims:
Mary Thomas, James Hull, John s. Randlett
Isaac Clougb, George Poole, David s. Mullin,
Stephen Mills and many others in Thomaston
and this county. Most of them have been al
lowed and none rejected"
SIN regard to fees-do you ever take fees in
advance, as charged against Washington attor-
neys in cases without merit?"
"No, never intend to take claim unless /
am persuaded it is Just, and can be proved.
When the applicants are we'll known to me, /
bear very large portion of the expenses OF
the claim, such as authorizations, the corre-
spondence with officers aHd physician, the pro-
curing and paying for such evidence. On
allowance OF claim, / asked the regular fee,
viz: the contract fee of $25 in claims fled
prior to June 20, 1878, and $40 on claims fled
sihee. with reimbursement of my necessary
and legitimate expenses, and equitable inter-
est on the same, for time of delay. 1 can
point you to a dozen of claimants in this
vicinity who have applied to me, and l have
told them that their disability was not sufh.
cient, or their proof fatally defective, who
led by specious promises, have sent their ad
vance fees to Washington attorneys, and are
consequently SO much out and no pension"
"To what do you attribute'your success as 9
ENTIRELY to understanding the claim in the
beginning, particularly the medical history o
the disability. One naturally acquires skill in
this point, after years of experience"
"Will your suspension, if not removed, be ol
pecuniary loss to you?"
"I can only say have since January l, 1880
filed 800 claims. Many are still pending, al
also some of an earlier date. You can Judge Of
the injury to myself and the claimantsn
II have one more questions to ask you: Die
you accompany the special examiner in his re-
examination of the witnesses?n
81 did not. My Office business rendered II
practically impossible. My only way to en-
able the atlantis to refresh their memory wa.
| by sending them copies of their former afida
Wits. l have never met or conversed with any
of them, except William Thurston."
Gen. Cilley is a well-known and respected
citizen, and was gallant soldier. He was the
| first man to enlist in his regiment and wa.
made captain of Co. B., raised by him in Knol
and Waldo counties. For distinguished ant
meritorious service he was rapidly promoted
| through the various grades to brevet brigadiel
| general. Says the adiutant generals repor
| for 1864-5: 1.-THE history of a regiment that ha
been specially complimented by Gen. Sheri
! dan, aud is authorized to bear the names o
| three n,ore names upon its standard than an,
| regiment of the Army of the Potomac is tn
best evidence of Gen. Cilley's efficiency as
soldier; whilst the fact that two of its bloodies
and hardest contested battles, Boynton Planl
Road and Five Forks, were fought under hi
immediate command, attest his success as