The National tribune., 1884-04-24
alive Houk, of Tennessee, to accompany bill
IL. Z. 5l76l to pension james /. Dali:

3, 1871. which rejected February 2 1851 The
proof is dear and strong that he and greatly
discharged froi service account of injuries
resolved near Moalinnvilie. Tenn, by his horse
falling him weu engaged in q raid after John
hiorgan's cavalry, in May 1868.
large number of officers and comrades testify
as to Ills injuries Mesicai officers of the army and
citizen physicians give the same evidence. II
would incumber this report TO attempt set out
anything than the substantial effect and
logical and legal conclusions drawn from, tile
elaborate testimony.
1t shows that after receiving injuries az aforesaid
his wounds and bruises affected him that large
aiscess or carbuncle formed the right side OF
lower body and right thigh, by reason of which,
as already stated, he was honoraby discharged
from the military service. A long chain of both
professional and lay testimony shows that from
these original injuries were developed piles fstu.a
and henorrhoids.
Official medical examination shows him to he
wholly disabled, or virtually from these depti-
cal causes. a large number of skiful ana reput-
able physicians bear positive testimony To his dis
abled constitution, and assign the same causes.
And still his claim was rejected on the ground
OF no record of alleged disability" and that the
records show that he discharged for "a different
disability from that alleged, and Inability 10 fur
hsn inetilcal testimony showing the existence of
alleged disability. Such Is the record of rejec-
ton. This conclusion must have been arrived at
by the naked assumption that the abscess and
buiicle resulting from the injuries received by his
horse falling with and upon him were in no way
contested with and superinducive of the other
disabilities mentioned Yet the proof shows that
they existed, the right after tile other coup
uots disability, and originating in the cause
de Is certainly shown to have been disabled IN the
service OF the United States. Your committee are
clearly convinced that claimantwas injured and
disabled while in the line of his duty; that he is
entitled TO a pension; and therefore report back
bill I'll. r. 5lI6 with single amendment, inserting
the words first lieutenant and 7" before the word
quartermaster,' and recommend that the same
do pass.
1t is these naked assumptions" contrary TO
the logical and natural conclusions that should
follow from an impartial examination of the
evidence, that are the cause of the rejection by
the Pension Office of SO many meritorious
claims
ANOTHER WIDOWS CLAIM.
Another report NO. 1921 made by Repre-
sentative Houck to accompany the bill II. r.,
5112J TO pension Mary L. Wells the widow of
George w. Wells, is to the point 1t says:
II appears from the record filed in the Pension
ofhce that George w. Wells company l. lsi Ten
nessee infantry volunteers, made application for
pension during his lifetime which application and
the proof to sustain il were very informally in
arthcialiy, and imperfeetly prepared
his application rejected. On October s.
100. the soldier died. Afterwards the widow Mary
l. Wells, renewed the application in behalf of her
sell and certain minor children. This application
Was aso wanting Ina professional skill and legal APP
plicaton and force of statement, and likewise
rejected, but the reason therefor doet not appear
the record except from the letter of notification
that 1t was rejected on the ground that the disease
OF which the soldier died was not the result of his
military service"
In answer 10 this ground of objection we coIlate
the foilowing teetimony The captain and first
lieutenant of his company testify that he had the
measles ut Camp Dick Robinson, Kentucky in Oc-
tober, 1851; and that in February, 1862 Cumber-
land Ford. Kentucky, he was attack ed with aslf.-
dice and sent To private house TO be treated Dr.
r. r Eaton testifes that he treated the soldier after
discharge for aundice, said TO have been contracted
IN the military service; that he him frequently
from discharge until death, and believes his death
was caused by the disease he had at the time of
discharge; that he not only had jaundce but diar-
rheai, resulting from diseased liver and lungs that
he continued TO prescribe for him up the
illness which resulted in his death and that he is
convinced that the soldiers death resulted from
these organic troubles originating in the service he
having no other disease Dr j. j. Harrison and Dr.
4. III. Murray substantially corroborate the evil
dence OF DR.. Eaton These reputable gentle
men and skilled physicians. The proof Is conelu-
siye the soldier was sound when he entered the
service
Considering the circumstances and connecting
the Facts tending 70 establish the disease and its
origin IN the service there scarcely be any
doubt-certainiy of such q reasonable character
as TO authorize the rejection of this ciaim-there
Is IN fact, doubt-that the soldier died from dis
ease contracted in the military service of the
United States while in line of duty.
Your committee, therefore. report back bill H
r. SIP with amendments, and recommend that the
! same do pass.
EVIDENCE THAT SHOULD CONVINCE ANYBODY
And here is a case in which the committee
notwithstanding the rejection of the claim by
the Pension Office, pronounce the evidence of
| injury complete" The report No. SSll of
Representative Bagley, accompanying the bill
III X. 3!25I TO pension Charles p. Mahan, says:
Claimant enlisted August 80 1862 and served As
private in company c. 10th regiment, New York
volunteers, until July 10, 1855 when he honor
ably discharged
alleging that he WAS injured the 18th of May
1861. at charlottesville, by stampede of horses
being Knocked down and tramped upon, bruising
Ills legs; aftefward buEch appeared upon the leg
and this continued to increase until removed by
surgeon on the 18th day Of November 1873, weigh
Ing ten pounds.
Jerome Seance, corrade of claimant knew
him IN the service; was present when the SIAM
pese occurred May H. 1854 did not the injury
Inflicted but claimant Immediately afterwar,i:
he complained then Of injury; said he was tram
pied upon; camped with claimant; saw his ley il
was Unnamed and swollen. Comrades Goodfeilow
aud CoBtuntie knew claimant in service: knew
lac was injured at stampede did not see injury in
iic,ed, heard OF it within day or two, and knew
generally that injury to thigh and of the char
acter herein described.
Several neighbors of claimant residing in the
same village with him, knew him from time of his
return from the up to the time the tunior was
removed from the thigh in November 1878: saw
him very frequently; knew he lame when he
returned; heard him say il caused by injury
received in a stampede nj Chanceorsville in NAV
1864. and knew he was disabled from performing
manual labor.
Colonel Brown Of the 57.h regiment New YORK
resides in the village with claimant; has
known him since his discharge; knew of his lame
ness and It's continuance up to the time of surgical
heard claimant describe injury knew that bv
reason of injury claimant was disabled from per-
forming manual service All the witnesses unite
III saying that claimant is respectable, worthy and
truthful
Upon this evidence ard personal examination of
Claimant, the examining surgeon, the 18th day
oil August. 1881, reported that, in his opinion the
claimant WAS permanently incapacitated for man
uai labor, and that the disability was permanent
april y, lSSz the referred by Pension
Department follows. viz:
Respectfully referred to W. r. Wood medical
referee, with the request that he state whether in
his opinion the tunlor resuite, from the alleged
abed since discharge by reason of said injury or
results. the origin of which not definitely
shown.
April 8, 1882 J. w. MrsyR-
To which the following reply was made to Judge
Walker:
Respectfully returned to Judge Walker. If IT
Is shown to your satisfaction that claimant received
All injury in the location of the tumor on pht feo
we will have to admit it 1.-THE tumor) the result OF
SAID INJURY. w. r WOOD
April Is, 1892 Med Refn
The claim rejected by the Department Feb
ruary IL. 1888, in the following language: Re
jeeted because claimant cannot prove that the
injury or tumior caused while Ia the service
Your committee of the opinion that the evil
depce of injury IS complete. The claimant himself
Is worthy and truthful man; the comrades have
no interest, and, although they did not see the
injury inflicted, they present and establish
the fact that the stampede did occur; they heard
il occurred One of them saw the limb it was in
famed and swollen. The neighbors describe the
appearance after his return. The character of the
injury, accompanied il with results after a
lapse OF fourteen years. repels the idea of the claim
being subterfuse or pretense. Wherefore we
E~.,. NJ.