The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1893-10-12
AN oLo SOLDIERS SAC EXPERIENCE.


Commander Smith Of Canton Post is
in receipt of letter. from Fairfield
Post &. A. r., of Fairfield, ILL.,, enclos-
ing an appeal for help to get an old
soldier out Of the Illinois penitentiary.
This soldier was convicted early this
year in the United States District
court of obtaining q fraudulent pension.
AS the court is Republican, the out
rage, (f an outrage has been commit
ed) cannot be charged to Hoke Smith.
The story Of this old soldiers woes
are among the most remarkable and
pitiable In the whole history of pension
cases. The soldiers name is VIM.
Newby, 10th Regiment, Ill. volunteers.
He served in that command until
the 9th day Of April, 1862, when 1t was
reported by his comrades that he was
killed In battle at Shiloh. Faith and
credit was given to this report, because
1t was known TO many of his company
that he had received severe wound in
his head and q wound In his leg. That
report was accepted as true by his fam
lily, comrades and friends, and stood
without challenge until April, 1891,
when William Newby was recognized
by one of his old comrades in the city
of McLeansboro, q wandering dement,
ed and crippled tramp.
Shortly after his Identification his
family was notified of the above facts.
They found and took him home, where
he was identified by his mother, wife,
children, all his brothers and sisters.
From him 1t was also learned that he
was badly wounded at the battle of
Shiloh; that he was taken prisoner and
kept In number of prisons, was finally
taken to Andersonville during the year
1864 and held there until the close of
the war. He was then turned adrift to
beg subsistence from the cold charity
of the world, being by reason of his
wounds and the treatment received at
AndersonviIle of unsound mind.
After an investigation of his case
his claim for pension was rejected,
and at the June term of the U. s. court
at Springfield he was indicted as Dan
iel Benton, charged with attempting to
defraud the government by personating
William Newby, avering that he was
not William Newly but was cripple
living near Nashville, Tenn, called
Daniel Benton. After the court had
given its instructions to the jury they
re tired and in nineteen minutes rem
dered verdict of guilty against the
defendant, after eleven days trial, and
he was sentenced to the penitentiary.
Seventy-six of Newby's old neigh
bors, who knew him before the war;
thirty seven of his old comrades of the
10th Ills, Vols, and twenty-five of his
relatives swore positively that the de-
fendant was the identical William
Newby, of the 10th, who was supposed
to have been killed at Shiloh,
The wife of VIM. Newby, also sends
an appeal for help, to take the case to
the Supreme Court of United States.
In her appeal she says:
"The verdict is unjust, for as true as
there Is God in heaven he is
my husband, VIM. Newby, the father
of my children. For 20 long years l
mourned him as dead, believing him to
have been killed on the battlefield of
Shiloh. During these 20 years of my
supposed widowhood struggled along
the best could, with small pension
to help me to support my children, but
as soon as my husband returned sur
rendered this pension to the govern
ment. thank God my husband wan
dered back to me, for 1 love him still,
though MANNED, crippled and demented
as he is-he is the same VIM. Newby to
me, my beloved husband, and 1t almost
breaks my heart to think this govern
ment should turn q cold shoulder to
one who 80 nobly defended the flag Of
our country, for know he is innocent
of the crime for which he was con-
victed as the angels in heaven"