The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1894-04-06
AnJp,eres,r,p Pension Ca,.

James Weakani was born in Cambria
county. Pa, in the year 1928, and on De-
cember 90, 1916. at the aga of eighteen
years. he volunteered and enrolled at
Ebenshurg as member of the Cambria
Guards as private soldier in Company d,
2nd Regiment. Volunteers, 10 serve his
country during the war then waged by the
United States against Mexico. He served
gallantly throughout the entire war, and
was present with his organization when
the victorious Americans took by storm
the position of Molino del Rey on Septem-
Der 5, ls47, and the lofty fortified hill of
Chepuitepec on the 18th of the same month
He also took part in the famous charge on
Septem Der IA, 1877, when General Scott en-
tered the Mexican capital ia triumph. and
ordered that the stars and stripes be dis
played on the national palace. He re-
matned with his organization until the
war vas ended, and then returned with
his organization to the state of Pennsyl-
vania. and on July IA. 1918, he was given
an honorable discharge from the service.
He then proceeded to his home in Cambria
county, and on the End day of April, 1850,
was married TO one Miss Elizabeth Luther.
| The union was an exceedingly happy one,
and out of the same there were born three
/ children. About the year 1856 however.
| the husband suddenly disappeared from
| the neigh borhood, and although his wife
| and children and other relatives have in
| many ways for the past thirty eight years
! sought to gain some information of him,
yet not the slightest Information have
| they been able TO secure. The wife has
| therefore for many years mourned him as
! dead.
| On April ), 1892, Mrs. Weakland, through
| her attorneys, filed an application for pen
| sion under act of congress approved Janu
| airy %, 1887, alleging therein her belief that
! her husband is dead, and hence she is a
| widow. In support of her application for
! pension, she presented the evidence of a
| large number of her neighborS and friends.
| There was also presentedaS evidence in her
case, certified copy of The letters of ad-
ministratsOn that We're granted on Sep
tember u, 1892, over the estate of her hus-
| band, by the Probate Court of Cambria
| county. which recited that from the evil
dence presented to said court, it
was satisfied that the said soldier was dead,
| judiciaily.
The authorities of the pension bureau
then placed the case in the hands of one of
its special examiners for Investigation into
| its merits; and although the special eX-
! aminer was unable to obtain any proof
! showing or even tending to show that the
| soldier was still alive. the claim was re-
! jected on December :, 1893, on the ground
! that the applicant was unable, although
| aided by special examination of the case,
| TO produce proof showing, as matter of
| fact, the death of the soldier" From this
! action her attorney entered an appeal to
| the Secretary of the Interior. On January
! -, 1894, the case came up for consideration
| before Hon. John NJ. Reynolds, Assistant
| Secretary of the Interior. who, after re-
| viewing all the facts in the case, reached
the following conclusions:
| Il am of the opinion that where there are
! no rebutting or superior counter presump-
| tions, seven years unexplained continuous
| absence from his family with whom his do
! meStic relations were harmonious, raises
| such a presumption of death as to entitle
| his widow TO "a pension under the act of
January %, 1887, the other requirements of
| said act being shown.
! The action of your bureau appealed
from is reversed, and You will proceed to
| adjudicate the case in conformity with the
| foregoing opinion"
| y pension certificate was thereupon
| promptly issued to the widow, and Justice,
| although somewhat tardy, has been done
worthy applicant.