The National tribune. [volume] (Washington, D.C.) 1877-1917, 1903-04-16
DEPARTMENT NEWS.
MARRIAGE OF coLoRED PERSONS.

Gaining pension as widow OF Edward
Henry Stewart, the claimant, after enter
ing into marriage relations with one Dab,
ney Smith at tie close of the war, was
deserted by her husband in 1870 and in
1877; married the soldier. Stewart, by cerc-
mony, and lived with him as his wife till
his death. The Pension Bureau rejected
her pension claim on the ground that she
was not the soldiers lawful widow never
having been divorced from Smith. The
decision on appeal states assist Secre-
tary Campbell, Jan. 26, 1909:
shortly after the passage Of an act by
the Legislature of Virginia. on Feb. u,
1866. said act being hereinafter set forth.
the United States military authorities
made a list of persons supposed to come
within the terms of said act, in the said
in the County Court. A transcript of the
record contains the names of claimant and
Da hncy Smith, said list being
ga register of co,orcd persons of
Louisa County, State of Virginia, cohabi-
ting together as husband and wife on
the 9th of February, 1866
The date Of commencement of cohabi-
tation of the parties as recorded in the
register is 1860. The transcript is
signed by the Clerk of the Louisa County
Court who has charge of the records, and
TIE SELL OIL the IS GtIicIeu 10 tue
document.
"Thc act of Feb. 81, 1866. is as follows:
"'2D That where colored persons, be-
fore the passage of this act. shall have
undertaken and agreed to occupy the rela-
ton to each other as husband and wife,
and shall be cOha biting together as such
at the time of its passage whether the
rites of marriage shall have been ceiebrat-
ed between them or not, they shall be
deemed husband and wife, and be entitled
to the rights and privileges, and subject
to the duties and obligations of that rcla-
ton, in like manner as if they had been
duly married by law; ard all their chill
dren shall be legitimate, whether born be-
fore or after the passage of this act. And
when the parties have ceased to cohabit
before the passage of this act, in conse-
duence of the death of the woman, or
from any other cause. all the children of
the woman recognized by the man to be
his shall be deemed to be legitimate
ut is clearly shown by the facts in evil
dence that these parties, claimant and
Dabney Smith, were, on the passage of
the act quoted. living tose Their as husband
and wife; had been for year prior to its
passage, and so continued for four years
after its passage. And further. there can
be no doubt whatever as to the existence
minds of both the Claimant and Dabney
The act quoted fastened upon these per-
sons all the duties and obligations of that
relation in like manner as if they had been
duly married by law and the claimant
will not now be heard as asserting. when
her title to pension is at stake. that it was
not either her or DabDey's intent to do
that which their acts show they really did
intend. A court of law would estop her
from denying the results of her own free
act.
1T is possible the claimant had an hon
est belief that she had right to marry
the soldier because her first husband had
deserted her. Such belief, however, Oh her
part, cannot alter the law. Under the
facts in the case the act of Feb. %, 1866,
made claimant and Dabney Smith hus-
band and wife, and her attempted mar
riage to soldier was null and void, for the
reason that such attempted marriage
took place at time when the claim
ant had a lawful, living. and undivOrced
husband. Claimant admits that no divorce
was ever obtained between herself and
Dabney Smith, and there are no grounds
on which to base a presumption of the
death of her first husband.
"Action affirmed"
DEATII-CAUsE-PATHO SEQUENCE.
In the general law pension case of the
widow of Harvey Bridge the Pension Blu
reau held that the soldiers death from
paralysis (hemiplegia) was not due to pen
stoned causes nor to any other cause
shown to have originated in service and
line of duty. The decision on appeal
states asst Secretary Campbell, Jan.
81. 1903:
THE records of the War Department
show the soldier incurred sunstroke
while in the service, and the evidence of
officers of his regiment, including the Sur
geOn and his comrades, shows that he was
struck by lightning. that there was Il par
alytic condition of left leg Immediately fo,-
lowing the said stroke of lightning, and
that lie continuously manifested symptoms
Of paralysis of left side and was mentally
weak. The whole history of the case I'M
points to disease of the brain,
and it remains to be determined whether
It is probable said disease of the brain was
caused by lightning stroke and was the
same that caused the soldiers death or
was pathOlogically related.
ut seems to the Depsftment that there
can be no doubt that the lightning stroke
lated the commencement of his mental
1efect, and it seems reasonable to ascribe
the weakness of paralysis of his left side |
10 the same accident.
''In regard to the effects Of lightning
stroke Oh the brain Clevenger Medfea.
Jurisprudence of Insanity says same may
cause symptoms identical with those due |
% head injury. Now, It is well known
hat head injury apparently slight in
character may cause capillary apoplexies, |
which could, of course, excite infamma-
ion and result in chronic, abscess of the
brain.
''The Department appreciates the fact
hat the interval of time between the
lightning stroke and the death of the sol
lier raises doubt as to the possibility of |
IN abscess continuing for such n period,
tut there is recorded in Ziemssen's Cyc.O-
,edia of Medicine n case where the dura-
ion of the latent stage was 26 years.
This same authority says the symptoms
# the localized disease may be 'Hemiple-
ia, or hemiparesis, or paralysis merely of
ne extremity -.
"The attending physician of the soldier
estified that he is sure the soldier was
,aralyzed and that it is his opinion said
paralysis was due to cerebral hemOrrhage,
tut that he could not be certain, because
here was no pOst-mortem examination.
"Huguenin affections of the brain,
.iemssen Cyclopedia of AIedicine) says:
eff an abscess breaks through into