The National tribune., 1884-04-24
WHERE THE FAULT LIES.
Cases Showing Why Claims TO Pension Are MOI
Allotted.

Allowed.
| In another column Of the present issue we
print article on !. The Pension Tragedy" in
the course of which it is shown that the exist
| ing delay in the adjudication of pension claims
| is largely due to- the Unreasonable require
ments of the Pension Office as to evidence aud
! the application of narrow and technical rules.
| for which there is no Warrant in law or equity,
and in order that our readers may see for them
Selves that these requirements and rulings are
| such as we have pronounced them we print
herewith number of reports from the House
/ Committee ON Invalid Pensions on private PEN
| Sion bills, showing backgrounds on which the
| applications OF the claimants were rejected by
| tile Pension Office, and the reasons why in the
| opinion of the committee, they are. neverthe-
| less, entitled to pension. 1t will be obvious,
/ we think, to anyone who carefully reads these
reports, that the evidence which satisfied the
committee that the claims in question ought to
be allowed, would have abundantIy justified
| the Pension Office in allowing them in the
first instance, and that the claimants ought
never to have been forced to apply to Congress
| for relief
| Here is the report No. 773l submitted March
II, 1884, by Representative Bagley, of New
York, to accompany bill II. R. 5364l to pension
| William IL. Whitcomb:
| The petitioner was enrolled on the LIST day of
October, 1851, in company Nj, 5th regiment New
| York cavalry volunteers. and was honorabiy dis
Charged at Winchester. Va. the 18th day of
| July, 1865.
| La charge upon the enemy at Harrisonb-rg
va. his horse shot under him and another
horse fell upon him, seriously injuring his side,
from the effects of which he has recovered.
Also at Parker's store III Virginia he received d
| gunshot wound III the neck the left side, and
again IN an engagement at auckland Mills, in
| charge, he was caught and thrown betwee two
| trees and his right knee severely injured His
| claim rejected by the Pension Office on the
| ground OF no disability since discharge.
o. w. Armstrong. NJ. D., late surgeon 9Th New
York cavalry testtes follows: That the claim
ant on about October 49, 1863, at Bnckland Mills,
Va. while III line of duty, and during an engage
Inent with the enemy, was injured in his right
| knee by being forced. while mounted, against a
tree, receiving confused wound Of said knee;
that the 9Th day of May, 1864 during the battle
OF the Wilderness, he received gunshot wound in
the left side of the neck, passing through the skin
and sterno-mastoid muscle; treated by me for
the said wound. being dressed required. but not
sent To hospital.
Justice Travis and William n Bogardus, COM
rndes testify that they Ineunb beers of company
NJ 9th New York cavalry, from the fall of 1861 to
December, 1868; that William H. Whiteonb
member OF said company during oil this time thai
/ they knew OF said WhItcomb being wounded by
being shot in the neck while in the line of duty.
farkers store in Virginia. and of his being injured
by horse falling on him in charge the enemy
AT Harrisonburg, Va, the 9th day of May, 1862
and OF his being injured in the right leg knee
at auckland Mills Va, in the of 1863, by
being caught and thrown against two trees, in a
charge. And the said Travis says that he WAS
Winchester, Va.
Amos II. White ;estiies that he was first Iieusen-
ant and captain of company d; major, lieutenant
colonel. and colonel of the 9TH regiment New York
volunteer cavalry, and knows the petitioner who
waa a member of company N of same regiment
That on the 9th May 1852. the soldier was present
with his company ON duty; that in engagement
with the enemy cavalry under Ashby, near Har
risonburg, Va, his horse shot, falling on and
nJuring him. That in an engagement at auckland
Mills, Va October 10, 1863 said soldier was pres
ent on duty: that the nature of the ground on
which the battle fought was rough and partly
wooded; that in one of the many charges made on
the enemy said soldier WAS injured. That the
9th day of May, 1854, AT the battle of the Wilder.
ness, Virginia. near Parker's store Whitconlb was
present and IN command of his company during
the battle, which ragged all day, and was shot in
| the neck. The colonel also says that this soldier
repeatedly distinguished himself and fer meritori-
Gus service he was promoted TO seconi lieutenant
| of company K, May 9 1854 and first lieutenant of
company l.. November IA, 1864. During the entire
war he served with credit to himself and honor to
1 bis country.
| J. Jewell, NJ. D.. examining surgeon saws: in
| my opinion the said William 81 Whitcomb is total
| third grade ncapacitsted for obtaining his SUBJ
sistaHce by manual labor. Judging from his pres
ent condition. and from the evidence before me il
| s my belief that the disability did originate in
the service In the line of duty. The disability is
permanent"
The splendid record of this soldier shown BY the
commentator OF his superior officer, the many
wounds he received and the faithfuness Of his
service recommend him TO your committee as
worthy OF a pension, aud they therefore ask the
passage OF the accompanying bill. with the follow
ing amendment: After the wor cavalry . In
| line seven, add the following !" and pay him a
pension of s. q month.
1t will be noted that in this case the appli-
cant was rejected. notwithstanding the report
OF the examining Surgeon Was in the claimants
favor.
WIDOWS CLAIM
Another illustration Of how the weight of
evidence IN claimants favor was disregarded by
the Pension Office and the application rejected
on tri vial technicality is afforded by the re-
port No. 713l made by Representative Holmes.
of Iowa, on the bill [5666I for the relief of
Sarah j. Chapman, widow of Charles B. Chip
man, deceased:
Charles Il. Chapman, deceased claimants hus-
band, enlisted OH the 9th day of May 1851 in conn
paiiy l. 81 regiment Wisconsin volunteers. He re-
enlisted IN company l. 81 regiment Veteran Re-
serve Corps, and afterwards transferred To
company g. 9th Veteran Reserve Corps He was
mustered out of the service August "a 1866 having
been IN eontlnuous service more than five years
The record and evidence shows that up To the time
Of his enlistment and for considerable time afler-
ward, he WAS "a sound man. While in the servi,-.
the soldier, about May l. 1864 contracted
anlauross paralysis of the retinaj in both eyes
which almost entirely destroyed the sight. About
August l, 1870 IN the city Of Washington D. c.
the soldier fell. az woGld appear from Inability to
see his way. struck his head upon the sidewalk or
curbstone, was found lying there dellrons This
TAIL all the evidence shows caused INSANITY and
the soldier was shortly after taken the Govern
ment hospital for the insane In the District of
Columbia. where he died June g. 1875 of epiieptic
CONFUSION and organic disease of the brain
The soldier had been penSioned from August "a
1866, AT - per month, account Of aI1aurosis OF
both eyes. This pension increased to $50 or,
May 2s 1870 and to S24 by act of June g. 1872 and
December 1874. to $50 month
The application Tor pension by this claimant was
rejected by the Pension Office on the ground that
the niaiady OF which the soldier died WAS not CON,
tracted In the service aud that ii the direct
result OF any disease contracted Your committees
hardly think 1t possible read the evidence in, this
case without coming 10 the conclusion that this sol
dier's disability and death the result of the
Ses OF sight acquired in the service on account of
which he stumbled over stone in his way seriously
injured his head, became insane. and died as
stated The examining surgeon who Investigated
his case, reporcd as follows:
w. d. Stewart, III. D. says: " This mans vision
w2@ good from the time he entered the service in
May g. 1861. to june 1864 three years AT this
time he observed that his eyesight falling The
history and symptoms stated by him is that of
subacnte inflammation of the retina OF both ewes,
resulting in complete and probable ncurnble anla,,,
ross from fatigue and exposure in the line of ili-
tary duty"
w. w. Potter, examining surgeon, says: a.. Has
ainaurosis OF both eyes; vision nearly destroyed
only large objects In immediate proximity To eve
can be dlseerned. In walking upon the street
personal attendant Is required and for many other
purposes assistance Is needed. Disability equiya-
lent To the loss OF a foot and hand and permanent
IN It's present degree" Total, second grade
j. O. Stanton examining surgeon saws: .Ths
man Is suffering from partial loss of sight of both
eyes, probably from amaurosiS. The ewes are in
tanned slightly; pupils dilated and nsensible to
the light can distinguish objects with great diff
Guilty. He Is incapacilated for performing 1nan,,a,
labor"
As will be SEEN the loss of sight caused the fall
which resulted in insanity and finally tie death of
the soldier. 1t seems hardly necessary to assert