The National tribune. [volume] (Washington, D.C.) 1877-1917, 1901-08-01
EVANS REVERSED.
Assistant Secretary Orders Wild
owls Pension Restored.

In claim for restoration of pension of the
widow of Maxim Darden, claimant hav-
ing been dropped from the pension roll
on the ground of alleged open and no
tcrious adulterous cOhabitation' in viola
zion of the act of Aug. Z. 1882 Asst Sec
rotary Campbell. of the Interior Depart
ment, has further considered the case, IN
view of further investigation and a second
rejection by the Pension Bureau 1t WIN
be recalled that this case was referred
To in this column of our issue of May 8.
last.
The case having had a new and impair
tial investigation by Special Examiner
of the Pension Bureau, in accordance with
the direction of the Assistant Secretary,
was again rejected on the ground that
"the evidence obtained on further special
examination fails to show satisfactorily
that any injustice was done by the for
mer action of dropping the claimant
name from the rolls.
In considering the case finally the As
sistant Secretary says (June -, l9oll:
"There are % or 30 witnesses who testify
that as far as they know the claimant is
q virtuous woman. Many of these had
heard her talked about, but could not give
the source of their information; others
had heard the accusing witnesses talk.
but they had not believed what they
heard.
The undisputed evidence is that dur
ing the time the claimant is charged with
living in open and notorious cohabitatlon
with Xix and others she was living
with her two grown sons on farm, and
that one of the sons married and brought
his wife home to live with his mother
and brother. There is no testimony that
the claimant ever lived with a man for
any period since the death of her hus-
band. HiX's testimony and that of the
witness Sparrow constitute the only evil
dence i'll the case regarding specific acts,
and they are shown to he unreliable. The
witness Bosely stops short of making
direct charge. 1t seems that the talk
against claimant arose from n group of
four or five young men, who, when IN
their cups, did some Boosting.
Reading and considering all this evil
dence, in company with the presumption
of the innocence of the claimant, has such
a case been made out as would sustain
the burden of proof required by the law?
1t is to be said that the open
and notorious adulterous cohabitation'
mentioned in the law means such state
of living in illicit cohabitation by Il widow
as can be proven by credible evidence.
Anything short of this cannot be open and
notorious.
1.-The consequences Of a misstep in such
case as this are too far-reaching to be
involved, but it is the good name of
citizen; it is blackening indelibly and for
all time the reputation of woman in
the community where she resides No
Idle talk, no mere suspicion arising from
evidence OF a doubtful character, should
be allowed to influence action in such q
case as this. In this case the evidence as
q whole is well calculated to make n pru-
dent man hesitate and pause before max
ing up his mind TO act. This describes a
reasonable doubt, and where that exists
the party charged should be accorded its
benefit. There is evidence in
this case that the claimant attended par
flies and family gatherings in the neigh
borhood where she resided; that the
neighbor women visited her, and one of
them allowed her daughter to visit and
remain over night with her many times.
This is all inconsistent with the idea that
she WIS living in open and notorious CO.
habitation. If her conduct was such as
to seandalize the neighborhood and to
shock the minds and consciences of her
acquaintance, she was undoubtedly with
in the terms of the act in question, if
such conduct led to the reasonable infer
ence that she was habitually engaged in
Illicit intercourse with men.
coming close TO the terms of the statute
itself, and reading the words open and
notorious in their common acceptation
and meaning, II Is wholly incredible that
everyone in the neighborhood where this
claimant resided should believe her a
Sirtuous woman, except four or five young
men, If it was a fact that she was a
prostitute or was guilty of acts from
which such an inference might fairly be
drawn.
1.-The Department has failed to lay
down any general rule applicable in all
cases alike, because, no doubt, of the diff
hculty of doing SO and the uncertainty
that any such rule could always be fol-
lowed. Each case must necessarily rest
upon its own facts and circumstances
and 1t may well be said that 'adulterous
cohabitation' cannot be said TO be open
and notorious about which there is
well-founded doubt after considering the
testimony of those who know given
widow best
The action appealed from is reversed
with instructions to restore claimants
name TO the pension rolls under the gen
erai law, and 10 pay her the pension due
her from the date her name was stricken
from the rolls and TO continue her name
On said rolls under the limitations and
provisions of said law