The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-05-20
1 EXAMINED TIE REcoRps

in the land office. TO see if there was
record evidence of service for the parties
named. | did examine the records and
found no such evidence, aud 80 advised
Col. Johnson. The board OF veterans then
REFUSED TO IssUF CERTIFICATES
to them. / think this was IN 1852. Al
that time the board of veterans did not
issue certificates except where there was
record evidence of service. By record
evidence is meant the evidence in the land
office. showing that the applicant obtained
a bounty warrant. or the evidence in the
com ptroller's office, showing that the APP
! pTicant procured pay for his military SER
vice.
THE BOARD AFTERWARDS RELAXED,
or changed that ruling think 1884 or 1885,
and permitted applicants to show by the
affidavit OF Texas veterans who knew them
in the army, that they rendered the ser
vice required under the law. On the 18th
| day of October, 1885, wrote, for my firm,
to Henry E. Werner, esq, stating that
the four parties, Peter Bell, Sam Bell, Mil
burn James and Hamp Morgan applied
for certificates, but that their claims had
been rejected, and that if we could get
proper affidavits and certificates of char
acter. we thought we could procure their
land certificates. and, among other things,
asking him if he could get two affidavits
in each case from veterans who knew them
in the army in 1886. We were informed
by Mr.. Werner, by his letter, dated October
-, 1885, that he would be in Austin very
SOON" and would talk the matter over
with u.s. On or about the
nth DAY OF OCTOBER, 1885,
Mr.. Werner called on my firm at our office
in the city of Austin, and he, Mr.. Habicht
and myself talked the matter over of pro-
curing the land certificates for the parties
named, and he stated that Messrs. Kirk
land i Bates, of Brazoria, were active and
reliable lawyers, and that'if my firm would
prepare the forms for all papers required
in the cases named, and would address
him-Mr. Verner,-a letter of instruc
tions, that he would. upon
his return to San Antonio, write Messrs.
Kirkland d Bates, and send them the
forms so prepared by US and the letter
of instructions. Mr.. Werner then sug.
gested that Messrs. Kirkland d Bates
would necessarily be at considerable ex-
pepse in seeing the said named parties
and getting the proof required, and that
we should send them $25. Mr.. Werner
handed us $3.50, and we drew a check for
$25 on Galveston in favor of Kirkland X
Bates, aud handed it to Mr.. Werner, to
]over such expenses.
ON NOVEMBER $, 1885,
we wrote Kirkland & Bates, at Brazoria,
Of hat 4,
Henry Z. Werner, esq, in the effort to
procure veteran certificates for parties in
Brazori6 county, and about which Mr.
Werner had written them, and stating
that we expected to have heard from
them before this time, and asking what
was the natter" and saying that it was
important that all papers be returned to
us by the 1sU to 9th of December, mean
ing December, 1885, as the board of vet
Grams were soon to meet. On November
II, 1885, we received telegram from
Kirkland d Bates, stating, "have been alb
sent for some time, but
WILL PUSH MATTER NOW"
On November n, 1888, we received a
letter from Kirkland 4 Bates, dated No
vember 1885, stating that they enclosed
papers, as per our instructions in letter
to Mr.. Werner, and said papers were
found enclosed in that letter. Such
papers were those papers filed
in the land Office in the four cases, and
upon which the certificates issued, and a
power of attorney to US from each of the
parties to procure and sell his land GER
titicate. On November 81, 1885, we wrote
Kirkland d Bates, acknowledging receipt
of their letter of the 18th inst. with
the four applications for land certifi-
Gates enclosed, and stated that we thought
they would be satisfactory, and that the
board of veterans would meet about De-
cember 18th, meaning 1885, when the
cases would be acted on, and that we
would advise them what action was had.
ON DECEMBER IL, 1885,
we wrote Kirkland g. Bates, stating that
papers were received in Peter Bell, Sam
Bell, Hamp Morgan and Milburn Jones.
and asking them to address a letter to
the commissioner of the general land Office,
pencil form for same, and
which, in effect, asked the commissioner
to make no unreasonable delay in passing
on said claims. We asked them to so
NiioO bhO DSCduSo uo was
very slow in taking up and examining
such cases, after they had been passed
upon by the board of veterans, and we
thought such letter from persons out
side of Austin would tend to push or
hurry him up. On, or about the 24th
day of December, 1885, l, for Stewart j.
filed all of said papers so re-
ceived from Kirkland d Bates, except the
power of attorney, either with the vet
eran board or commissioner of the
general land land Office.
On or about
DECEMBER "a, 1885.
| obtained the said land certificates from
the land Office have stated all that | and
my firm did in procuring the issuance of
said certificates and all that / did in the
business.
To interrogatory three he answers:
| do not know what Mr.. Werner did in
working up the evidence and procuring
the issuance of said certificates, further
than have stated in my answer to inter
rogatOry second.
To interrOgatory four he answers:
/ never conferred with Mr.. Werner in
the city of Austin or elsewhere. either by