The National tribune., 1897-11-25
PENSION DECISIONS.
Cases of Interest Disposed of
by MIR. Davis.

In the case Of Charles A. Fry and Sarah T..
Fry, minor children Of John Fry, Co. Z, Goth
Ky, Assistant Secretary Davis reversed the
previous decision. The claim was rejected
under the late Administration. it being claimed
hat the evidence failed to show that She
mother of the claimants was the lawful wife of
Fry. Shortly after the war closed, it seems,
the soldier and Mary Green, both residents OF
Kentucky, went TO Illinois. where they re-
manned for some time,-a period Of about four
years. after which they returned to Kentucky
and lived there until the death of the woman,
in 1873.
In Illinois they lived together" the decis.
ION continues, as man and wife. and stated
that they were married, and were regarded
married persons in the community where they
ived. After their return to kentucky they
continued to live together and hold themselves
out to the public as husband and wife, alleging
that they had been married in Illinois, and
this relation was maintained until the death Of
the wife.
" 1t is impossible to obtain any direct proof
of the marriage both of the parties being dead
aud person being found who knows when or
where the marriage occurred, or, in fact, that
there was marriage"
Mr.. Davis, in deciding the claim favorably,
says: "Tbose parties lived together as man
and wife continuously for 10 years or more
during all that time their reputation was that
married; they conducted themsevcs in
all respects like married people; they were
treated and received AZ husband aud VIE
among their friends aud neighbors, and ;
pears that at the time they began to live
gether there was no impediment to 4 lawful
marriage on the part of either of them. / think
any court would, in such case, presume mar
riage in the absence OF facts tending to create
counter presumption.
1t is quite possible that the parties were
united in marriage by formal ceremony.
The failure to find any record of such cere.
mony is by no means conclusive evidence that
they not. The records of the County
wherein they lived in Illinois were destroyed
by fire. But aside from this think there can
be question to the sufficicncy of the evil
denee to establish a eommon.l law marriage in
Illinois.
After careful consideration I am of the
opinion that it must be presumed that the SOL
der and the mother of the claimants were
lawfully married. The decision of Feb. 90,
1897, is therefore rescInded and the rejection
of the claim set aside"
The Assistant Secretary reversed the decision
in the case OF Marshall Lawson, 10th Tenn.
Cav. who refused increase from $50 to
$50 for epilepsy. resulting from conclusion of
the brain from she'll explosion while in line-of-
duty service. In consequence OF the frequent
and periodical epilepsy. it is claimed that the
claimant needs frequent and periodical attend
ance and constant watchfulness.
Assistant Secretary Davis says:
am convinced that the applicant is enti-
tied to the increased rating of $50 per month.
In case of this kind it is evident that, aside
from the pathological effects of the disease it.
self, large share of the danger to the soldier
lies in the fact that he may be seriously in
jured by falling during an attack, as he was
when 80 seriously burned in 1895. am salts
fed that the mental and physical condition
OF appellant AS produced by his disease makes
necessary the aid and attendance as described
in the act Of July H. 1892, and that he is enti-
tied TO the rating therein provided"