The Sunday herald and weekly national intelligencer., 1890-10-19
PECULIAR PENSION CASE.

A Decision Between Two Wives Who
Claimed Widows Pension.
Assistant Secretary Bussey has decided the
case of Mollie H., widow of John M. Rich, de-
ceased, late of Company d. Independent Bat
tery Pennsylvania Light Artillery, the cir
cumstances of which case are peculiar The
record shows that in 1868 Rich filed declara-
tion for pension, alleging as basis therefor
that during his military service at Falmouth,
Va, about December l, 1862, he contracted dis
ease of the spine and kidneys.
1t is shown that the soldier, who had become
deaf and a ravng maniac, died in the insane
asylum in Shelby County, Tenn, August 81,
1886, of the results of said troubles or brain
disease. That the disability was pensionable
there seems to be no doubt 1t appears from
the testimony that the soldier was married some
time after his return from the Army, and lived
with his wife until some time in 1871, when she
left him.
Rich soon after went to Chicago, and after
time took back his wife and lived with her for
some months, when she again left him. In
1877 he was again married at Memphis Tenn.
In the mean time the soldier had written to his
friends that he had obtained divorce, and had
so stated to his friends in Chicago and else
where His first wife, believing that he had
procured divorce from her, as he had stated
he would, married a second time, and two chill
dren are living, the result of this second mar
riage. All of the witnesses who have tes-
titled in the case pronounce the soldier
man of good character, a devout
Christian, and the soul of honor. The
claimant (Rich's second wife) says she is un-
able to furnish copy of the record of the sol
der's divorce from his first wife, because now
that the soldier is dead she cannot ascertain in
what court the same was procured. The claim
was rejected by the Pension Bureau on the
ground that she was not shown to be the sol
dier's legal wife, and stating that legality of
her widowhood cannot be presumed, as the
former wife survives him and alleges that she
has no knowledge that divorce was granted,
and that none was ever procured by her. The
Assistant Secretary reviews the law applicable
TO the case at great length, and cites several de-
csions in cases of similar character, and then
says
''To disregard the testimony and crcum-
stances surrounding this case, on which the pre-
sumption that divorce was obtained may well
! rest, involves declaring void two marriages
consummated according to law, and neverques
| toned outside of the Pension Bureau, declaring
! that two sets of children are illegitimate, and
! declaring that two persons We're guilty of
| felony and should have been sent to States
| prison. From all the evidence in the case it
| can be fairly presumed what has followed in thou
| sands of other cases, viz Not desiring to have
decree of record on the ground of adultery to
bring shame and disgrace on his children, re-
| moyal to some other place, temporary resi-
dence, gained suit for divorce on the ground
of abandonment, notice by publication in
some obscure newspaper and adecree of divorce
under the easy-going divorce laws which pre-
vail in most of the Western States
and Territories. This Department possesses
no authority to investigate charges of
criminal conduct alleged against claimant
as bar to pension. Such charges must be al
legged if at all, and tried by court Of compe-
tent jurisdiction. This Department having no
power to enforce penalties, neither arragns
nor tries claimants for alleged offenses, but
adjudieates pension claims with reference only
to the status of the claimant as it appears in
the light of the evidence and of the records be
fore it, Under the circumstances the claim
ant is held to be the soldiers lawful widow
and is therefore entitled to the pension.