WAR OF 1861.

ACT JULY 14, 1862

 

Brief in case of Emrick Bennett Corp’l.

of Company “26” 142” Regiment N.Y. Vols.

 

POST OFFICE ADDRESS OF APPLICANT:

Burke Franklin, Co N.Y.

Enlisted Aug 25, 1862.  Discharged June 6, 1865;

 

CLAIM FOR AN INVALID PENSION

DECLARATION AND IDENTIFICATION IN DUE FORM.

PROOF EXHIBITED.

1. (Illeg.) record shows gunshot wound right index finger recd at Drury’s BluffVa May 16” 1864.

1. Rolls report claimant wounded May 16” 1864 in action at Drury’s Bluff, Va.

1. Dr. Theodore Gay May 6” 1867 gives claimant ¼ disability for L. S. wound which severed the right index finger at the second joint.

Biennial       ex      not     required.

Admitted      June 21, 1867, to a pension of $2 2/3 per month, commencing May 5, 1867.

Disability ¼ Permanent Disabled by L. S. W. Right index finger.

J. A. Sabin                                                                                   Examining Clerk.

          Malone, N. Y.  Name and Residence of Agent  H. Seich

Approved:

WAR OF 1861.

ACT JULY 27, 1868

          Brief in the case of Emrick Bennett Corpl of Company H 142 Regiment N. Y. (Illegible).

 

POST OFFICE ADDRESS OF APPLICANT:

Burke Franklin, (Illegible)         N. Y.

Enlisted Aug 25, 1862, Discharged June 6, 1865.

 

CLAIM FOR  (ILLEGIBLE) OF INVALID PENSION.

DECLARATION AND IDENTIFICATION IN DUE FORM.

PROOF EXHIBITED.

Pensioned July 11, 1867 at H2. 66 2/3.

Commencing March 5, 1867

Not in Civil service of (Illegible).

(Illegible) surrendered.

Biennial            ex     not   required.

Admitted December 14, 1868, to a pension of $2.66  2/3 per month, commencing June 6, 1865.  (Illegible — ) right Disability 1/3 Permit Disabled by G. S. W. Amp. index finger

J.A. Sabin                                                                                    Examining Clerk.

         

Malone, N. Y. Name and Residence of Agent,                        H. Seich

Examining Surgeon’s Certificate.

Malone, N.Y. May 6^th, 1867.

          I hereby certify, that I have carefully examined Emrick Bennet, late a corporation in Co. “H” of the 142d Regt. N. Y. Vols.

In the service of the United   States, who was discharged at                    , on the                      day of                             , 186            , and is an applicant for an invalid pension, by reason of alleged disability resulting from a gunshot wound.

          In my opinion the said Emrick Bennett (Degree of disability), is one fourth incapacitated for obtaining his subsistence by manual labor from the cause above stated.

          Judging from his present condition, and from the evidence before (origin), me, it is my belief that the said disability originated in the service aforesaid in the line of duty.

(Probable duration.)        The disability is permanent                 

          A more particular description of the applicant’s condition is subjoined:  A musket ball severed the right (Particular description.) index finger at the second joint.

                                                                                                                                 

#29                                                                          (Illegible) Gay

Examining Surgeon.

State of New York            )

                                        ) ss.

County of [Illegible]        )

 

Personally appeared before me, James (Illegible) a justice of the peace in aforesaid county and state (Illegible) sergeant late (Illegible — ) No. 142 N. Y. who being from (Illegible) and said  that he was personally acquainted with Corpl Emrick Bennett late Co H. 142 N. Y. and knows of his own knowledge that said Emrick Bennett was at the Battle of Drury’s Bluff, Va. Which was fought on the 16” day of May 1864 and that said Emrick Bennett was then and there wounded by a gunshot wound in the index finger of his right hand and in consequences of said wound was such to (Illegible) and did not return for several months.  And I hereby certify that I have no (Illegible) (Illegible) or (Illegible) in the prosecution of said claim.

DeForest Sargeant

Subscribed and sworn before me this 16^th day of July 1846.       (dead)

James H. Holland

Justice of the Peace

Burke, N.Y.

 

                                                                             May 11, 1889

 

         I Emrick Bennett have lived since my discharge in the town of Burke, County of Franklin, state of New York, and my occupation has been during that (Illegible) up to the present farming —  Was treated while in the service for (Illegible) – Typhoid fever and (Illegible——–) and shortly after my discharge & was afflicted with rheumatism and hemorrhage of the kidneys which have troubled me continuously to the present time – have been treated by the following physicians Dr. Wm. Goulding of Burke who is now dead – Dr. A. Wilber of Coustable who is also dead~  Dr. Francis of (Illegible — ), P.(?) whom I believe is still living there – Dr. Belding of Malone, (Illegible) living,  Dr. Warren M. Braud, (Illegible) N. Y. living, my (Illegible) family physician is Dr. G. Jorday Burke, N. Y.

         However, since my discharge been able to do ¼ the labor of an ordinary man ~ for the past eleven years I have not been able to do any labor whatsoever ~ was confined to the house from the fall of 1878~ until June 1879 and every year since then – have been confined to the house on an average of 8 months every year and up to the (illegible ~ of 1888.

 

#9                                                                 Emrick Bennett

DECLARATION FOR THE INCREASE OF INVALID PENSION.

 

STATE OF NEW YORK, COUNTY OF Franklin, ss.

 

On this 28  day of June                     A. D. 1886, personally appeared before me the undersigned, duly authorized to administer oaths within and for the County and State aforesaid Emrick Bennett aged 47 years, a resident of the County and State aforesaid who, being duly sworn, according to law declares that he is a pensioner of the United States, duly enrolled at the rate of  2 2/3  dollars per month, under Pension Certificate No 82843              by reason of a disability from          Gunshot wound Right-fuse finger-off                                                                                                                        (Here state the disability for which your pension was allowed.)

 

Incurred in the service of the United States while a Private in Co. H, of the 162 Regiment of New York Vols. That he believes himself to be entitled to an increase of pension on the account of his present rate being unjustly low and disproportionate to his disability. 

That he appoints P. J. Lockwood, of Washington, D.C. his true and lawful attorney, to prosecute his claim; that his Post Office is Sun County of Franklin, State of N. Y.

 

                                                Claimant sign here.               Emrick Bennet                      

 

Also personally appeared (Illegible)            residing at Burke      , N.Y. and Edward E. Wilcox            residing at Burke, N. Y, persons whom I certify to be respectable and entitled to credit, and who being duly sworn, say they were present and saw Emrick Bennett, the claimant, sign his name (or make his mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant, and their acquaintance with him, that he is the identical person he represents himself to be; and that they have no interest in the prosecution of this claim.

 

 

                                                                                                            (Illegible)                  

                                                                                    Edward E. Wilcox                             

                                                                                    (Two witnesses sign here.)

 

SWORN TO and subscribed before me, on the day first above written; and I hereby certify that the contents of the above declaration Sc. Were fully made known and explained to applicant and witnesses before swearing, and that I have no interest, direct or indirect in the prosecution of this claim. 

 

                                                                                                (Illegible)                              

                                                                                    Justice of the Peace                          

                                                                                                            Official Character

 

 

 

 

 

 

Claimant’s Affidavit before a Clerk.

State of New York,

County of Franklin, ss:

In claim No. 82843 of Emrick Bennett of Co.H., of the 142d Regiment, N. Y. Vols., personally appeared before the undersigned authority, duly authorized to administer oaths within and for said county, the above-named claimant, who, being duly sworn states, that the contracted Fever and Ague on or about the first of June, 1864, at Hampton Hospital in the State of Virginia, where he was then confined by wounds received by him in battle, and he was in a short time removed from Hampton Hospital to Fortress Monroe:  And remained at Fortress Monroe about five or six days, and was then removed from there to Newark, New Jersey, and taken to the Centre Street Hospital in that city, and while there, and on or about the middle of July, 1864, he contracted and was attacked with Chronic Diarrhea, and remained in said Hospital somewhere about ten months, and then reported back from there to his Regiment, which was then in Raleigh, in the State of North Carolina, and shortly after his arrival, he contracted and was taken sick with the Typhoid Fever, at Raleigh, in the State of North Carolina, on or about the first of May, 1865, and was thereupon taken from the regiment to the Newburn Hospital, in the same State; and remained in that hospital for a few weeks, and was discharged there, and placed upon a hospital boat and sent to New York city, and upon his arrival at New York City, was unable to proceed further, and was sent to the Central Park Hospital in said city by order of General Dix.

For which he makes claim for pension while a member of said Co., and Regt, in the line of his duty.

             Emrick Bennett         

Sworn to and subscribed before me on the 22^nd day of October, 1889, and I hereby certify that the contents of this affidavit was fully made known to the affiant before signing, and I have no interest in this claim or its prosecution.

                                                                        M. W. Hutchins De Clerk

                                                                        Of the Supreme County Courts

                                                                        Of Franklin County, NY

 

 

To all whom it may concern.

 

 

The bearer hereof Emerick Bennett                                                                                         

 

a corporal of Captain                                                                                             Company,    

 

H.   142    Regiment              New York                                               is hereby permitted to go

 

to         Burke                                                 in the Country of         Franklin                     

 

State of            New   York                                              , he having received a Furlough, for

 

the benefit of his health, from the       1st,                                                     day of November,

 

1864 to the                             12^th                                                                             day of November 1864, at which

 

period he will report in person at Ward General Hospital, Newark New Jerseyor be considered a deserter.

 

    Subsistence has been furnished to said                             Emrick Bennett                      

 

to the                          1^st                                        day of                November                1864, and pay to

 

the ———– day of —————–186     , both inclusive.

 

 

     Given under my hand at           Newark New Jersey                        this     1^st                

 

day of           November             1864.

 

                         

                                                       By Special Authority Maj Genl Dix

 

                                                     J. Jheodon Calhoun                                  

                                                          Asst Surgeon U.S.A.

                                                                 In charge of hospital.

 

 

Hospital          )               Name,      Emerick Bennett

)

Number,          )               Rank, Later Corpl. Comp’y H 142 Reg’t NY Vol.

Age 23  Date Admission, June 20/65

Description and Date of wound or injury; on what occasion received.

At the battle of Fair Oaks (Illegible) – Oct 22^nd 1864, a musket ball hand through, the left wrist joint from without inward while the arm was flexed then extension the arm about the middle and lodged –

Description and date of Operation,

Amputation of left arm as affex 1/3 bilateral flaps, Oct 23/64 17 Hours after injury, in the field, under California, while a Prisoner.

Condition of injured parts at time of Operation,

(Illegible) joint-opened and homes confirming it commiserated humans also commiserated. 

Conditional state of patient at time of Operation,

            Quite back from  hemorrhage.

Progress, treatment, &c.

Sutures (Illegible) followed by water dressing.  Nothing unremarkable has occurred.

Result,

Entirely healed about January 1/65.

 

Name and Rank of Operator, Rebel Surgeon.

 

Note: Grandma says she has seen Emrick and he only has his trigger finger missing.  He never said anything about being a prisoner.

DEPARTMENT OF THE INTERIOR,

 

PENSION OFFICE

August 12, 1886.

Nature of Claim          (Illegible)                   

No. 82, 843                                        

Soldier: Emrick Bennett                               

Service:  Lev. . 142 N. Y. Vols.

 

            It is desired in this case that the examination be made with special reference to –

 

Loss of right index finger.  Dr. please see Par. 84, Instructions of 1886, and confirm thereto.

Give exact point of amputation and condition of stump, also, condition of entire hand and arm and if there is any diseased condition due to cause for which (Illegible) describe (illegible) fully state amount of loss of function of hand?

This is a (Illegible) examination and please make it with extra care.

JOHN CAMPBELL

Medical Referee

 

(S—111.)

               →Attention is invited to the outlines of the human skeleton and figure upon the back of this certificate, and they should be used whenever it is possible to indicate precisely the location of a disease or injury, the entrance and exit of a missile, an amputation, etc.

The absence of a member from a session of a board and the reason therefor, if known, and the name of the absentee, must be endorsed upon each certificate.

Insert character

And number of

Claim.   

Increase                                             Pension Claim No.  82843                                                                                       

Name and rank of claimant: Emrick Bennett                                           , Rank, Corporal                              

Company H. , 142 Reg’t New York Vol.  Plattsburgh New York,                                                     State,

Claimant’s post office address:  Sun, New York                     September 8,                                                   , 1886

We hereby certify that in compliance with the requirements of the law we have carefully examined this applicant, who states that he is suffering from the following disability, incurred in the service, viz:

Cause of disability.  Sciatica rheumatism, hemorrhage of the kidney, loss of part of right index finger                

If a pensioner, fill in the amount, if not, erase the whole line. And that he receives a pension of two and 66/100  

dollars per month. 

Pulse rate per minute, 88 ; respiration,  22 , temperature,                     , height, 5 feet 10 ½  inches; weight, 135  pounds; age, 48  years and is a farmer.

He makes the following statement upon which he bases his claim for +     Increase.                                  

Here give the claimant’s statement as briefly and as compactly as possible.

He first noticed something wrong with him (Illegible — ) two years ago.  It was a (Illegible) color.  He had left sciatica  (illegible) about 12 or 14 years ago.

 

Here give a full symptom picture of the case embracing all the physical and rational signs, but confining it to the present condition of the claimant.

               Upon examination we find the following objective conditions: The distal end of right index finger is (Illegible) from the proximal head of the middle (Illegible), i.e., the third (Illegible) is wholly (Illegible) and the distal end and shaft of second (middle) (Illegible) are (Illegible).  The (Illegible) is not sensitive – but the area is attached somewhat.  The right thumb, the right middle – ring and little fingers are strong – (Illegible) in all (Illegible) and not affected of this partial loss of index finger.  Their flexions, extensions are all complete and healthy.  The (Illegible) remaining of index finger is strong – can be flexed and extended.

 

**TEXT TO SMALL TO READ – ILLEGIBLE

 

His urine is acid, has (Illegible) gravity of 1020 and contains no (Illegible).  The (Illegible – too small)…..but no blood.  His joints are all free.  He extends his thighs, knees…feet and flexes the same normally.  There is no atrophy or (Illegible) due to the alleged sciatica.

Rate for each cause of disability.  If prolonged by vicious habits, the word not should be erased and the reason for the erasure given.

 

               From the existing condition and the history of this claimant, as stated by himself, it is, in our judgment,                            probable that the disability was incurred in the service as he claims, and that it has not been prolonged or aggravated by vicious habits.  He is, in our opinion, entitled to a ½ of total rating for the disability caused by   loss of portion of right index finger          for that caused by                                                         , and                      0                            caused by Sciatica and Hemorrhage of kidney               .

                              G. O. Kellogg      , Pres,     (Illegible)                            Sec’y.                  J. W. LaBoegue, Treas.

N.B. – Alway forward a certificate of examination whether a disability is found to exist or not.

#30        (4869 – 100,000.)

(S—111.)

               →Attention is invited to the outlines of the human skeleton and figure upon the back of this certificate, and they should be used whenever it is possible to indicate precisely the location of a disease or injury, the entrance and exit of a missile, an amputation, etc.

The absence of a member from a session of a board and the reason therefor, if known, and the name of the absentee, must be endorsed upon each certificate.

Insert character

And number of

Claim.   

Increase                                             Pension Claim No.  82843                                                                                       

Name and rank of claimant: Emrick Bennett                                           , Rank, Corporal                              

Company H. , 142 Reg’t New York Vol.  Plattsburgh New York,                                                     State,

Claimant’s post office address:  Sun, New York                        Jan 5,                                                             , 1898.

We hereby certify that in compliance with the requirements of the law we have carefully examined this applicant, who states that he is suffering from the following disability, incurred in the service, viz:

Cause of disability. Loss of right index finger, (Illegible) diarrhea (Illegible) & (Illegible) & (Illegible) fever     

If a pensioner, fill in the amount, if not, erase the whole line. And that he receives a pension of two and 66/100  

dollars per month. 

And that he receives a pension of   (Illegible)                                          dollars per month.

He makes the following statement upon which he bases his claim for      Increase.                                     

Here give the claimant’s statement as briefly and as compactly as possible.

 

I am a farmer and am unable to do any work.  I have not been able to do a day’s work for the last year.               

               Upon examination we find the following objective conditions:   Pulse rate,  84            ; respiration,  20   ; temperature,   98.2; height,  5      feet  9 ½               inches; weight,  144         pounds; age,  60  years.

Here give a full description of the disabilities, in accordance with Book of Instruction.

 

  (Illegible —- ) and (Illegible) loss of right index finger amputated just above 2^nd joint – (Illegible ——–) and showing fingers very sensitive to cold 4/18.  (Illegible) diarrhea, skin (Illegible) tongue coated with moist yellow furs and slightly ulcerated.  Stomach contracted and tender, complains of much gas in stomach liver (Illegible) spleen constricted (Illegible –) and tender on pressure has (Illegible — ) but more tendency to diarrhea   (Illegible – too small and can’t read handwriting).  Often bleed when at stool 12/181

The actual or predictable origin of every existing disability must be fully set forth. 

 

Whenever a disability is shown, or is believed to be due to or aggravated by vicious habits the opinion of the board must be stated.  When not due to such habits this fact must be stated.

 

Each disability must be rated separately, the act of Congress of March 2, 1895, requiring “that the report of such examining surgeon shall specifically state the rating which in their judgment, the applicant is entitled to.”

 

Fever and (Illegible).  Frequently has (Illegible) but no fever unable to eat (Illegible) any food on account of  (Illegible) symptoms hands shake and tremble (Illegible) grov. 1028 (Illegible) no sugar, but quite a good (Illegible) also has larger quantity of blood urine resembles (Illegible) urine 6/18.

Rheumatism complains of rheumatism in right arm joints stiff and limited in motion tendons and muscles shrunken and (Illegible).  Heart (Illegible) beat 2 inches to right and below nipple sounds feeble (Illegible) and instrument has a (Illegible –) no other violence of disease.  He claims he had (Illegible) in service, (Illegible) diarrhea (Illegible — ) and typhoid fever and that he is suffering from the effects of them yet.  The above disabilities are not due to  vicious habits.

               (Illegible)              Pres,      (Illegible)                            Sec’y.     (Illegible)                                         , Treas.

N.B. – Alway forward a certificate of examination whether a disability is found to exist or not. If sufficient space is not afforded for the necessary statements called for, additional paper should be neatly attached.

#33        (6-552)

DECLARATION OF SOLDIER FOR PENSION,

Under the Act of 189(??).  D (Illegible —–NAMES)

 

_______________________

 

This must be executed before a Court of Record or some Officer thereof having custody of

the seal.

_______________________

 

STATE OF New York           , COUNTY OF Franklin         ss:

 

On this 5 day of                      July     one thousand eight hundred and ninety                   

Personally appeared before me          Clerk   of the       (Illegible) Court                                       

A COURT OF RECORD within and for the County and State aforesaid     Emrick              Bennett           age     52        years, who, being duly sworn according to law, declares that he is the identical Emrick Bennett who was ENROLLED ON THE  26^TH     day of August            , 1862, in Company  H           of the  142      Regiment of  New York Inf.  Commanded by          Caph Ludsley  and was honorably DISCHARGED at New (Illegible)  (Illegible)  on or about the  20^th  day of June 1865.  That his personal description at time of enrollment was as follows:  Age 23   y ears; height 5 feet                inches:  complexion dark; hair dark                          That he has not been employed in the military or naval service, otherwise than as stated above                                                                    

(If other service was rendered, here state what the service was,

………………………………………………………………………………………………………

Give Company and Regiment, and dates of enrollment and discharge.)

That he has not been in the military service since or about the 20^th day of June, 1865.  That he performed actual service in the War of the Rebellion for the full period of 2 years 9 mos —         That he was born on or about the  1^st  day of March, 1838 and is now  52   years of age.  That he is           (Illegible) disabled by reason of Sciatic rheumatism and hemorrhage of the kidney   which he contracted  during his above stated service in the Rebellion  and suffers greatly (Illegible)                                                                                                                                          

That his occupation is farmer            and he is now dependent upon his earnings for his support and

(If soldier was a Prisoner of War he should

maintenance :  That his disabilities are not due to vicious habits and are, to the best of his

here state how long he was held as prisoner and give names of Prisons)

 

knowledge and belief, permanent. 

 

He also declares that he has heretofore made application for pension and receives at (Illegible)

(If soldier has heretofore filed a claim for pension

$3.00 per month for loss of index finger and right hand on  (Illegible).

He must here state the number of his claim, if known, and whether his claim is pending, rejected, or allowed, and if ALLOWED he must state number of his certificate, name of disability and rate of monthly pension)

 

That since leaving the service this applicant has resided in the following place   Burke               

(Give names of places where you have resided longest.)

………………………………………………………………………………………………………

That he has  a  wife and 5      children now living.  That he makes this declaration for the purpose of being placed upon the PENSION ROLL of the United States, under provisions of the ACT OF  June 27, 189(?) (Illegible) pension of  That he hereby appoints, with full power of substitution and revocation, HORACE A. TAYLOR, of Malone, N. Y., his true and lawful attorney to prosecute his claim.  That his residence if          New York       , and that his Post

(State correct Post-office where claimant gets his letters.)

Office address is         Burke  , County of Franklin, State of            New York       .

                                               

Emrick Bennett

(Claimant signs here)

1          (Illegible signature)   

1                 J. W. Pond                 

(Two persons who can write sign here.)

                                                                                                                                                           

[WITNESSES’ AFFIDAVIT AND JURAT ON THE NEXT PAGE.]

Also personally appeared (1) Peter M. Davanport    , residing at  Burke Franklin Co, N. Y.   , and  J. Warren Pond residing at Malone, N. Y.      , persons whom I certify to be reputable and entitled to credit, and who, being duly sworn, says that they were present and saw  Emrick Bennett  the claimant, sign his name (make his mark) to the foregoing declaration; that they have every reason to believe from the appearance of said claimant and their acquaintance with him that the is the identical person he represents himself to be; that they believe him to be   52   years of age; and that they have no interest in the prosecution of this claim.

1                                                                                  1          Peter M. Davenport                           

 

2                                                                                  2          J. W. Pond                                         

(Signature of Affiants)

Sworn to and subscribed before me this        5          day of July     , A. D. 1890, and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the words                                                     erased, and the words            “or about”                                                                                           added; and that I have no interest direct or indirect, in the prosecution of this claim.

[SEAL.]                                                                                                          Charles F. Funy           

Clerk of the       (Illegible) Court                  

 

ACT OF (Illegible —-)   June 27

                                                                                                                                                           

 

SOLDIER.

 

CLAIM FOR PENSION.

 

                                                                                                                                                           

 

Emrick Bennett                                                                                                          , Applicant.

Co.                  “H”      142      N. Y.   Inf.                                                                  , Reg’t.

                                                                                                                                     Vols.

Enlisted                                   26        August                                                            1862

Discharged      211      June                                                                                         1865

Age                             52 years                                                                                             

                                                                                                                                                           

 

 

                                                                                                            34841

                                                                                                                                                           

FILED BY

 

HORACE A. TAYLOR,

 

ATTORNEY AT LAW,

 

MALONE, NEW YORK.

 

 

 

General Affidavit

 

——————

 

STATE OF  New York             COUNTY OF               Franklin          SS;

 

In claim No.    82843  of Emrick Bennett                             of Co.             M.                    of the              142      Regt. Of         N. Y.   Vols.  Personally appeared before the undersigned duly authorized to administer oaths within and for said County,                    Peter D. King                          aged   55        years, whose P. O. is Burke  , County of                     Franklin                                 

State of                       New York       , who being duly sworn, states in relation to said claim as follows to-wit:

                                                                                                                                                           

That I am a farmer late pat. Co. E. 10^th N. Y. Vols. And have been well and personally acquainted with Emrick Bennett claimant, 40 years and lived near him all that time except while we were in the Army.  I have worked with and for him frequently and know that he has suffered from chronic diarrhea and effects of malarial poisoning each and every year from discharge till the present time – and he has been greatly disabled for the performance of manual labor by above (Illegible) as one time was entirely disabled for about 5 years.  I know above facts to be true by seeing him every few days (Illegible——) suffering and hearing him complain.                                                                                   This affidavit was all written in my presence from my dictation December 19^th 1896 by Edw P. Deming in Burke, NY and in making my statements I was not aided or prompted by any written or (Illegible) statement (Illegible ———) as dictated by any other person.  I have no interest in this claim or its prosecution.                                                                                                                    

                                                                                                                                                           

                                                                                                                                                           

/ / /

And affiant further states that he has no interest in this claim.

 

                                                                                               

 

                                                                                                            Peter King                             

If affiant signs by mark two witnesses sign here                                                                                               Affiant’s Signature.

 

 

Sworn to and subscribed before me on the                               19^th         day of   December            , 1896, and I hereby certify that the contents of this affidavit was fully made known to the witnesses before signing and he is a credible person and I have no interest in this claim or its prosecution.  

 

March 31, 1892                                  Edw. P. Deming                     

30, 1898                                  Notary Public                        

Official Signature.)

Ctf.filed

#23

General Affidavit

 

——————

 

STATE OF  New York             COUNTY OF               Franklin          SS;

 

In claim No.    82843  of      Emrick Bennett                                    of Co.             M.                          of the              142      Regt. Of         N. Y.   Vols.  Personally appeared before the undersigned duly authorized to administer oaths within and for said County,                John Lafave                            aged   36        years, whose P. O. is   (Illegible)      County of                    Franklin                     

State of                       New York       , who being duly sworn, states in relation to said claim as follows to-wit:

                                                                                                                                                           

That I am a farmer and have been well and personally acquainted with Emrick Bennett for the last 28 years and live within ¼ mile of him during all that time and seen him every few days.  I have frequently worked with and for him – and know that during all that time of my acquaintance he has frequently been unable to work by reason of what he called his Army disabilities  – or as he called his chronic diarrhea and malarial poisoning – was unable to do farm work for 4 years at one time.  This affidavit was all written in my presence from my dictation Dec 19^th 1896 by Edw P. Deming in Burke NY and in making my statements I did not use nor was I aided or prompted by any written or printed statement (Illegible ——) as dictated by any other person.  I have no interest in this claim nor its prosecution.                                                                                                                                                                                                                                                                                    

                                                                                                                                                           

And affiant further states that he has no interest in this claim.

 

/ / /

 

 

                                                                                               

 

                                                                                                            John Lafave                           

If affiant signs by mark two witnesses sign here                                                                                               Affiant’s Signature.

 

 

Sworn to and subscribed before me on the                               19^th         day of   December            , 1896, and I hereby certify that the contents of this affidavit was fully made known to the witnesses before signing and he is a credible person and I have no interest in this claim or its prosecution.  

 

(Illegible)                                March 31, 1892                                  Edw. P. Deming                     

30, 1898                                  Notary Public                        

L.S.                                                                                                     Official Signature.)

Ctf.filed

#24

                                    EAST Div.      3-056.              [Pension 10/7/1899]              GWP   , Ex’r.

 

Certificate  No. 82843                                    DEPARTMENT OF THE INTERIOR,

Emrick Bennett                                               BUREAU OF PENSIONS,

Corpl H 142 N. Y. Inf.           

ACT JULY 14, 1862 ADDITIONAL              Washington, D.C. September 22, 1899         

 

Sir:

To further aid this Bureau in determining the merits of the above-entitled claim for pension, be kind enough to answer in your own handwriting the following questions, giving more complete details than your affidavit affords.

Very respectfully,

Mr. John Lafave        

            Sun                                                                  J. L. Davenport

                                                                                                            Acting Commissioner.

                        N. Y.              

When did you first see the soldier after he returned from the army, and how do you fix the date?

Answer:          about 30 years ago next November                                                                           

Of what disability did he then complain, and how was he affected?

Answer:  I heard him complain of some kind of fever that he contracted when in the war.

Did he continue to suffer from said disability? If so, please state how frequently you saw him, what symptoms you observed, and the extent to which he was disabled for the performance of manual labor during each year.

Answer:  I never seen him do many hard days’ work.  And for over 20 years he did not work hardly any.  I have seen him most every day at least every week and today he complain of the same disability.

 

Very respectfully,

The COMMISSIONER OF PENSIONS.                              John Lafave my own wording  #25

                                    EAST Div.      3-489.              [Pension 10/7/1899]              GWP   , Ex’r.

 

Certificate  No. 82843                                    DEPARTMENT OF THE INTERIOR,

Emrick Bennett                                               BUREAU OF PENSIONS,

Corpl H 142 N. Y. Inf.           

ACT JULY 14, 1862 ADDITIONAL              Washington, D.C. September 22, 1899         

 

Sir:

To aid this Bureau in the adjudication of the above-entitled claim for pension, please furnish a statement in your own handwriting setting forth all the facts within your personal knowledge relative to the incurrence of any wound, injury, or disease, by             Emrick Bennett                       while in the service                                                                                                                                                                                                                                                                                      

            In your reply please be as specific as possible in respect to dates, and describe, as clearly as you can, the nature, symptoms, and extent of the disability.

            Kindly answer upon the reverse of this letter and return the same in the enclosed envelope, which requires no postage.

 

                        Very respectfully,

Mr. Gustavus Atwood           

            Malone                                                                        J. L. Davenport

                                                                                                            Acting Commissioner.

                        N. Y.              

 

/ / /

Post-office address:                           Malone N. Y.                                      

 

                                                                                                                        Oct 7^th             U, 1899

 

SIR:

 

            In reply to your request I have to state that I have never known much of Mr. Bennett’s disability since the war, seeing him only occasionally.  Saw him once in hospital in N. Y. He was at that time suffering with chronic diarrhea and was in very bad condition.  He had also been wounded in the hand and one finger had been taken off.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        

 

Very respectfully,

 

                                                                                                               Gustavus Atwood                

The COMMISSIONER OF PENSIONS.

                                                Washington, D. C.

#20

                                    EAST Div.      3-056.              [Pension 10/7/1899]              GWP   , Ex’r.

 

Certificate  No. 82843                                    DEPARTMENT OF THE INTERIOR,

Emrick Bennett                                               BUREAU OF PENSIONS,

Corpl H 142 N. Y. Inf.           

ACT JULY 14, 1862 ADDITIONAL              Washington, D.C. September 22, 1899         

 

Sir:

To further aid this Bureau in determining the merits of the above-entitled claim for pension, be kind enough to answer in your own handwriting the following questions, giving more complete details than your affidavit affords.

Very respectfully,

Mr.  Gustavus Atwood          

Malone                                                                        J. L. Davenport

                                                                                                            Acting Commissioner.

                        N. Y.              

When did you first see the soldier after he returned from the army, and how do you fix the date?

Answer:          About Sept 1^st 1865.  Being soon after returning from the war.  Cannot tell exact day.                                                                                                                                                       

Of what disability did he then complain, and how was he affected?

Answer:  Weakness from affect of disease while in the service                                                        .

Did he continue to suffer from said disability? If so, please state how frequently you saw him, what symptoms you observed, and the extent to which he was disabled for the performance of manual labor during each year.

Answer:   By appearance he was weak at that time have never seen him very frequently perhaps once a year.  Should judge he was disabled about one-half.                                                                     

Very respectfully,

 

The COMMISSIONER OF PENSIONS.                                 Gustavus Atwood                 #21

90                                        General Affidavit                                     90

——————

 

STATE OF  New York             COUNTY OF                Clinton                                               SS:

 

In  the matter of  Pension claim of Emrick Bennett                          of Burke Franklin Co N.Y.

Personally came before me, a Notary Public in and for the County of Clinton and State,    Henry Smart              , aged  62        years, citizen of the town of  Saranac

County of                    Clinton            , State of  New York                                                              

Well known to me to be reputable and entitled to credit, and who, being duly sworn, declares in relation to aforesaid case, as follows:

            That I have been acquainted with said Bennett from boyhood. Have seen him frequently since that time that while in the service of the United States he came to my home on sick furlough and I know from my own personal knowledge, that he had serious diarrhea trouble at that time and that he has been troubled with it ever since and to such an extent that he is incapacitated for manual labor.                                                                                                                                                     

     I       further declare that    I           have no interest in said claim and  am  not concerned in its prosecution.

1. Daisy Signor                                                (
2.   Mary Signor                                  (                       Henry Smart                                   

(Signature of Affiant.)

#27                                                      (PENSION OFFICE December 10, 1904)

 

 

 

 

                                    EAST Div.      3-373.              [Pension 10/7/1899]              G.H.G. Ex’r.

Certificate  No. 82843                                    DEPARTMENT OF THE INTERIOR,

Emrick Bennett                                               BUREAU OF PENSIONS,

Corpl H 142 N. Y. Inf.           

                                                                        Washington, D.C.  February 14, 1905                      

 

Sir:

To further aid this Bureau in determining the merits of the above-entitled claim for pension, be kind enough to answer in your own handwriting the following questions, giving more complete details than your affidavit affords.

Very respectfully,

Mr.  Henry Smart      

            Saranac                                                                       J. L. Davenport

                                                                                                            Acting Commissioner.

               Clinton Co. N. Y.                

When did you first see the soldier after he returned from the army, and how do you fix the date?

Answer:  To the best of my memory it was in the fall of 1866                                                          .

Of what disability did he then complain, and how was he affected?

Answer:       Chronic Diarrhea                                                                                                          .

Did he continue to suffer from said disability? If so, please state how frequently you saw him, what symptoms you observed, and the extent to which he was disabled for the performance of manual labor during each year.

Answer:  Yes, apparently.  Have seen him since every two or three years.  Gradually declining and unable to perform manual labor, except a little very light work on a few chores.                                   

 

                        Very respectfully,

The COMMISSIONER OF PENSIONS.                              Henry Smart                           #28

 

                        Eastern Div.    3-173.              [Pension 1/5/1897]                G.W.P. Ex’r.

Certificate  No. 82843                                    DEPARTMENT OF THE INTERIOR,

Emrick Bennett                                               BUREAU OF PENSIONS,

Co. H 142 N. Y. Inf.               

                                                                        Washington, D.C.       December 22,              1897

Sir:

Will you kindly answer, at your earliest convenience, the questions enumerated below? The information is required for future use, and it may be of great value to your family.

Very respectfully,

Mr. E. Bennett           

            Sun                                                                              J. L. Davenport

                                                                                                            Acting Commissioner.

                        N. Y.              

                                                                                                                                                           

            No. 1.  Are you a married man?  If so, please state your wife’s full name, and her maiden name.

Answer: Lucia Bennett formerly Lucia Jackson                                                                               .

No. 2.  When, where, and by whom were you married?  Answer:   Married March 12, 1857 in Peru, NB by a Mr. Clark                                                                                                            

No. 3.  What record of marriage exists?  Answer:    None except one sister                      

No. 4.  Were you previously married, and, if so, please state the name of your former wife and the date and place of her death or divorce. Answer:                                                                                  No. 5. Have you any children living?  If so, please state their names and the dates of their birth.  Answer:   Elmer Bennett born Burke NB 3 Jun 20, 1860; Orpha D. Bennett born Burke Apr 8, 1862, Leslie P. Bennett born Burke Sept 16, 1864, Jefferson D. Bennett born Burke Oct 18, 1869, Celia S. Bennett born Burke NB Jan 2, 1879                                                                                               

Date of reply,              Dec 27, 1897.                                                                                                 

                                                                                                                        (Signature)  #14

Inv. No. 82,843.                     

Claimant   Emrick Bennett     ,           DEPARTMENT OF THE INTERIOR,

Soldier      “    “                       ,                        BUREAU OF PENSIONS,

Co. H 142 N. Y. Inf.                ,                       OFFICE OF SPECIAL EXAMINER           

Enlisted    Aug. 25, 1862        ,

Discharged         June 6, 1865,             Anterior, Vt. March 18                                             , 1906

Mr.    Peter Lewis,                 

   North Stockholm, N. Y.       

 Sir:

To aid in the settlement of the above-described claim for pension, you are requested to answer the questions noted below.

You will please fill out, sign, and return this circular, even though you do not remember the soldier or that he was wounded, disabled, or diseased in the service.

The enclosed official envelope for your reply does not require postage.

Very respectfully,

                                    W. H. Nelms,                                     

Special Examiner.

——————————————

1. Do you remember the soldier,                                                                                                          

As a member of your company?

Ans.     I remember said soldier in said co H. 142 Rg’t.                                                                   

1. Do you remember that he suffered with any wound, injury, or disease while in service?

Ans.  I don’t remember of his being wounded or sick.                                                                    

1. If you do remember any wound, injury, or disease, state the nature of same, also time and

place, when and where incurred or contracted.

Ans.   I was wounded May 16 of 1864 and don’t know much about the boy after that date as I was in hospital.  This is all I can say.                                                                                                         

(Signature:)  Peter Lewin Co.H.142.                        

(Address:)  No. Stockholm                           

 St. Lawrence Co. N. Y.                     

Please reply at once, it may save the expense of a trip to see you.    30. X. B.

St. Cloud, Minn.

 

                                                                                                June 29, 1906

 

The Commissioner of Pensions,

Washington, D. C.

 

            SIR:

 

            I have the honor to submit the following report in claim no. (Illegible) 82843 of Emrick Bennett as of Co H. 142 – N. Y. (Illegible) returning herewith all papers pertaining to the case.

            Claim is undergoing investigation to determine more specifically if (Illegible) poisoning and diarrhea originated in service, existed at discharge, and have continued since.

            Case came here for (Illegible) of (Illegible) affiant Alexander Holden who apparently resided at Ada, (Illegible).  As I was bound for Ada on another case at time this case came I took it along not wanting to  (Illegible) his residence at Ada.  I learned he had gone to (Illegible) and as I could do so without losing time I drove across to (Illegible).  I wish here to explain the hurried writing lest it be thought to be due to carelessness.  Owing to my boy driver getting on the wrong road an hour was lost so that I (Illegible) forty-five minutes with my (Illegible) for if I lost my train I lost an entire day.  I had time to (Illegible) him carefully and fully going over the evidence without (Illegible — ) but it was necessary to do the writing rapidly.  Had I not thought that this (Illegible) was carefully examiner I should (Illegible) have (Illegible) over.

            Deponent stands well, is unbiased and (Illegible).  His memory in general seems good.  He recalls claimant having chills and a siege of fever spring of ’65 in North Carolina and being taken to hospital and having relapses.  As to diarrhea he has only claimant’s word.  After discharge he visited claimant, as the two men married sisters, and found him a wreck.  He has no personal knowledge of the diarrhea or its symptoms in this case.

            I find that in line 48 I wrote the word “brother” when it should be “sister” and have called attention to it in the margin.  I did not discover it in time to note the error in the (Illegible — ) for signature.  Deponent could not aid in locating (Illegible) or Cook or give me any data for further examination, and I find none in the case (Illegible) the reply of Hurlbutt, which I cannot find, is material. 

            I recommend case for consideration of Chief of Board of Review.

                                    Very respectfully,

                                    H. J. Decker,

                                                Special Examiner

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Civil War Division,

Inv.Ctf., 82,843,                                                                                              Misc’l. Sec. HRMcC.

Emrick Bennett,

Co.H, 142 N. Y. Inf.

August 10, 1917.

Mr. Emrick Bennett,

(R.R.W, Box 28,) Burke,

New York.

Sir:-

In response to your letter relative to your title a greater pension on account of having past the age of 80 years, you are advised that the pension of $30- per month, which you are now receiving under the age and service clause of the act of May 11, 1912, amended March 4, 1913, is the maximum rate of pension allowable under said act, and under existing pension laws the above mentioned rate is the highest you will ever be entitled to receive an account of age (over 75 years) and length of military service.

Very respectfully,

(Illegible stamp)

Commissioner.

 

 

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Sun                  , county of       Franklin,                                                                                

State of                        N. Y.               , before me,     W. H. Nelms,                                      ; a

Special Examiner of the Bureau of Pensions, personally appeared                         Peter King                        , who being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 88 years old a farmer P. O. Sun, N. Y. I served in Co. e. 10, N. Y. Vol. Inf. 1 enlisted

2                 in 1864, and was discharged the spring of 1865.  I was ac acquainted with this claimant prior

3                 to the war, I can not tell which of us returned first.  Q. What do you know of the condition

4                 of his health at the close of the ear?  A. He complained a good deal about being sick, but I

5                 don’t know what was the matter with him.  I have lived within a couple of miles of him ever

6                 since the war.  He has been sick ailing all of the time since the war a great many years he

7                 could not work at all.  Q.  What in particular has he complained of?  A.  His kidneys mostly

8                 I have heard him talk about. Q.  Can you mention any other particular complaint that he has

9                 had? A.  No I do not.  Q.  Can you recall whether he has complained of malaria, rheumatism

10              or chronic diarrhea?  A.  No I can not say that I have. Q.  Have you ever worked for him?

11               A.  Yes I did once work at mason work for him a couple of days, that is all I ever worked

12              for him.  No.  We never worked together that I know of, we have lived near each other and

13              I have seen him often.  Q.  Then you have no knowledge that he has been troubled with

14              diarrhea or malaria?  A.  No I can not say that I have.  Q.  Did you execute the affidavit I now

15              show you?  (B. 9.23)  A.  Yes sir I executed that affidavit.  Q.  How were you able to swear

16              to the contents of that affidavit if you know nothing of these disabilities?  A.  I may have

17               known at the time but I can not remember now.  I am not related to the claimant nor

18              Interested in the case.  I have fully understood your questions.  I have heard you read this

19              deposition and my statements are correctly recorded.

20                                                                              Peter King

21              Sworn to and subscribed before me this 24 day of April 1906, and I certify that the contents

22               were fully made known to deponent before signing,

23

24                                                                            W. H. Nelms.

25                                                                            Special Examiner.

                                                                       

Deponent.

 

                        Sworn to and subscribed before me this                     day of                                                

190          , and I certify that the contents were fully made known to deponent before signing.

 

                                                                                                                                               

                                                                                                                        Special Examiner.

6-197

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Burke              , county of       Franklin,                                                                                

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                          Edward P. Deming                       , who being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 70 years old I am the Postmaster at Burke, N. Y.  I became acquainted with this

2                 claimant soon after the war, and I have lived in the same township with him ever since.

3                 When I first knew him he seemed to be disabled from work from some inward trouble.  I do

4                 not know what it was.  He has continued in poor health all of the time he has not been able

5                 to do heavy work.  Q.  Do you know any of the disabilities that he has suffered from or

6                 complained of?  A.  I think he has complained of a kidney and bladder trouble and a chronic

7                 dysentery.  He has complained of these troubles right along from year to year and has taken

8                 remedies for them to my knowledge ever since I fist knew him.  Q.  Have you any knowledge

9                 that he has suffered from rheumatism or malarial trouble?  A.  I have supposed that he had

10              malarial poisoning and that the kidney trouble was a result of it, but the kidney trouble has

11              been the principal thing that he has complained of and he has been taking Warners Safe

12              Kidney Curay and such remedies as that.  He has never been able to do but little hard work

13              during my entire acquaintance with him.  I am not related to the claimant nor interested in

14              the case.  I have head you read this deposition, I have understood your questions and my

15              answers are correctly recorded.

16              From the close of the war to 20 years ago, I was in the lumber business and lived neighbor

17              to him, he brought logs to my mill and we went fishing together so that up to that time I had

18              a good opportunity of observing his condition, and I was then well aware of the kidney

19              trouble and diarrhea.  My statements are correctly recorded.

20                                              W. H. Nelms

21              Sworn to and subscribed before me this 24, day of March 1906, and I certify that the contents

22              were fully made known to deponent before signing.

W. H. Nelms

Special Examiner.

 

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Burke              , county of       Franklin,                                                                                

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                         L. W. Thayer             , who being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 50 years old a merchant, P.O. Burke, N. Y. I have known this claimant about 26 years,

2                 I recall that at that time and for a number of years thereafter he used to have terrible kidney

3                 trouble, he appears to be in better health than he was some years ago.  No I can not say that

4                 I can name any other particular complaints that I have known that he has had.  I have heard

5                 him make more complaint of the kidney trouble than anything else, for a number of years he

6                 looked as though he could live but a short time.  Q.  Can you recall whether you have known

7                 him to be troubled with rheumatism, malaria or diarrhea?  A.  No I don’t think I can say that

8                 I have known of these disabilities, I may have heard him speak of these disabilities for he has

9                 traded here and he used to talk over his condition with me but I do not recall about it now.

10               I am not related to the claimant nor interested in the case.  I have heard the foregoing read

11              and my statements are correctly recorded.

12                                                       L. W. Thayer

13              Sworn to and subscribed before me this 24, day of March 1906, and I certify that the contents

14              were fully made known to deponent before signing.

W. H. Nelms

Spl. Examiner.

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Burke              , county of       Franklin,                                                                                

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                         Worcester Pond                , who being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 79  years old  and a farmer, P.O. Burke, N.Y.  I can not tell you how many years I have

2                 known this claimant  I am a poor hand to keep track I presume I have known him 30 years,

3                 I can not recall whether I knew of his enlistment, I have lived here all of my life.

4                 What have you known of his physical condition since the close of the war?  A.  I don’t know

5                 as I know anything about it.  I know that there was a time that he pretended to be sick.  I

6                 never knew what was the matter with him, I think he has been better of late years.  I recall

7                 that only a few years ago he pretended that he was unable to milk a cow, or ride on a wagon,

8                 but I see now that he chops cordwood.  No I do not know what he complained of.  I live

9                 about two and one-half miles from him and have lived that near to him all of the time I have

10              known him.  Q.  How many years would you say that the period of his complaining extended

11              over?  A.  I think it was only a few years.  I know of nothing that he had the matter with him

12              at the close of the war.  In fact I know nothing about it.  Q.  Have you any knowledge that

13              he has been troubled with diarrhea or malaria, at any time since the war?  A.  No sir I have

14              not.  I know that he was poorly for a number of years and did not appear to be able to work

15              but he has gotten better until he is quite tough now.

16              I am not related to the claimant nor interested in the case.  I have fully understood your

17              questions, I have heard you read this deposition and my statements are correctly recorded.

18                                                                          W. Pond

19              Sworn to and subscribed before me this 24, day of  April 1906, and I certify that the contents

20              were fully made known to deponent before signing.

W. H. Nelms

Spl. Examiner.

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Burke              , county of       Franklin,                                                                                

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                         Myron Avery              , who being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 62 years old  and a farmer, P.O. Burke, N.Y.  I knew this claimant before the war and

2                 remember when he went to the army, he was then considered a strong healthy man, and so

3                 far as I know he was.  I can not say whether I saw him when he was home on furlough during

4                 the war or not.  I presume I saw him about the time he returned from the service, and he has

5                 been here ever since.  Q.  What was the condition of his health at the close of the war?  A.

6                  I can not say that I can recall anything in particular as to his condition at that time.  I have

7                 lived neighbor one and one half miles from him ever since the war, I think we worked

8                 together one time after the war putting up stone wall, which is the only time that I remember

9                 of ever having worked with him.  Q.  What have you known of the condition of his health

10              from year to year since the close of the war?  A.  I know that he has been complaining now

11              for a good many years, and has done but little work, I think he has seemed better for the last

12              year or so than he did before that.  I can not say how many years I have known him to be

13              complaining.  Q.  Well it has been 41 years since the close of the war, do you think your

14              knowledge of his complaints has gone back that far?  A.  I am unable to say whether my

15              knowledge of his complaints has gone back that far or not, but I have known of it for a good

16              many years.  Q.  What disabilities in particular has he complained of?  A.  I have heard him

17              complain of his kidneys, I think.  Q.  Can you name any other thing in particular that he has

18              made special complaints of?  A.  No I don’t know that I have I have always supposed that

19              it was the same complaint.  I don’t think he has been confined to his bed any for a good many

20              years, he has been able to walk around a little but has complained that he was unable to work.

21               Q.  Have you had any knowledge that he has been troubled with diarrhea, or malarial

22              trouble?  A.  No I can not remember that I have.  He has generally been a man that has been

23              up and about but he has complained a good deal of kidney trouble.  I am not related to the

24              claimant nor interested in the case.  I have heard you read this deposition.  I have fully

25              understood your questions and my answers are correctly recorded.

26                                                 Myron Avery

 

            Sworn to and subscribed before me this 24, day of April 1906, and I certify that the contents

            were fully made known to deponent before signing.

                                                                                                    W. H. Nelms

Special Examiner.

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Burke              , county of       Franklin,                                                                                

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                         George Jordan             , who being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 72 years old  and a farmer, P.O. Sun. Burke, N.Y.  I knew this claimant before the war

2                 and I have lived near him ever since the war and seen him often.  He was quite a healthy

3                 appearing man before he went to the war.  I can not remember whether I saw him when he

4                 was home on furlough during the war or not.  I presume I saw him when he returned from

5                 the army but I have no definite recollection of his condition at that time.  I know that for the

6                 last dozen of years or more he has been buying patent medicines and complaining more or

7                 less, but I have no knowledge of his particular complaints, I have no knowledge as to what

8                 disease he has had.  Q.  Can you call to mind whether he has been complaining of disease of

9                 kidneys, diarrhea, rheumatism or malarial trouble?  A.  No I can not say as to any particular

10              disease, all I know is that he has complained and spoke of buying different kinds of patent

11              medicine.  Q.  Do you think that he appeared to be in fair health for some years after the war?

12               A.  I can not say as to that whether he was much better at one time than another.

13              I am not related to the claimant nor interested in the case, I have fully understood your

14              questions, I have heard you read this deposition and my statements are correctly recorded.

15                                                       George Jordan

16               

17              Sworn to and subscribed before me this 24, day of April 1906, and I certify that the contents

18              were fully made known to deponent before signing.

18                                                                                            W. H. Nelms

19                                                                                            Special Examiner.

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        25                    day of                         April                           , 1906, at          

            Near Malone               , county of       Franklin,                                                                    

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                          Gustavus Atwood            , who being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 63 years old a farmer, P.O. Malone, N.Y.  I served in Co. H. 142, N. Y. Vol, Inf.  I

2                 enlisted Aug. 29, 1862, and was discharged April 1, 1865, I had no acquaintance with this

3                 claimant until after we entered the service.  So far as I remember he was a man of good health

4                 from enlistment to the time he was wounded at Drewry’s Bluff, May 16, 1864.  He was

5                 wounded in the hand and sent to hospital at Newark, N. J., and I visited him one time during

6                 the summer of 1864, while in hospital there, I can not state the exact time but we had

7                 captured some prisoners, and I was sent with them to New York, and before returning I called

8                 to see him at the hospital.  He was then suffering from chronic diarrhea, and was very thing

9                 in flesh, when I went to see him I expected to find him in good health with the exception of

10              his wound, but I remember distinctly that he then had diarrhea.  No I do not remember that

11              he was complaining of anything else, I left the regiment the fall of 1864, and he had not then

12              returned from hospital and I saw him no more while in the service.  Q.  Have you any

13              knowledge that  he suffered while in service from any disability other than the wound and

14              chronic diarrhea?  A.  No I have not.  Q.  Can you recall whether he was having malarial

15              trouble at any time during the service?  A.  No I can not.  Q.  Can you recall any time and

16              place that you knew him to be troubled with diarrhea prior to the time he went to the

17              hospital? A.  No I can not, as I remember him he was in good health and able for duty up to

18              the time he was wounded.

19              I can not state definitely when I first saw him after the service but it was perhaps a year or

20              so after the war closed.  He was then poorly I have continued to see him along from time to

21              time occasionally ever since the war.  I have never lived nearer than seven or eight miles from

22              him, but I do not think he has ever regained his health and strength.  I recall that I was at his

23              house one time several years ago, and he was then unable to do any kind of work, he has told

24              me what his trouble has been since the war, but I can not remember he has appeared to be all

25              broken down.  I have positive knowledge that he was wounded in the hand and that he was

26              suffering from diarrhea at the time I saw him in hospital at Newark, N. J., the summer of

27              1864.  Q.  I now show you an affidavit purporting to have been executed by you in which it

28              is alleged that you attended sick call with the claimant the summer of 1863, and that he was

29              then suffering from chronic diarrhea, can you now remember this fact?  A.  No I can not now

30              remember about his diarrhea prior to the time I visited him in hospital.

31              I am not related to the claimant nor interested in the case, I have fully understood your

32              questions, I have heard you read this deposition and my statements are correctly recorded.

33                                                                         Gustavus Atwood

34              Sworn to and subscribed before me this 25, day of April 1906, and I certify that the contents

35              were fully made known to deponent before signing.

36                                                                W. H. Nelms             

37                                                                    Special Examiner.

 

 

 

 

 

 

 

 

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        3                      day of                         May                             , 1906, at          

            Lobdel                         , county of       Clinton,                                                                      

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                          Henry Smart  , who, being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 65 years old, P.O. Lobdel, N. Y.   I was never a soldier, I knew this claimant from a boy,

2                 we used to live neighbors in the town of Peru, Clinton, Co. N. Y.  He moved to Burke,

3                 Franklin Co. N. Y. prior to the war, and I have never lived near him since.  He was a healthy

4                 boy, so far as I ever knew.  Q. Did you see him at any time during his army service, while

5                 home on furlough?  A..  Yes he was at home once on furlough, and he came here to my place.

6                  He was then sick, suffering from chronic diarrhea.  He was then very thin and pale.  No, I

7                 cannot recall that he was complaining of anything else at that time, except that he had lost

8                 a finger and it was not well at that time. I have continued to live here and he at Burke, N.

9                 Y., since the service, and I have seen him occasionally, perhaps on an average of one in a year

10              or two years.  So far as I have known his health has been poor every since the service.  Q.

11               Do you know what his complaints have been since the war?  A.  Well I think he has been

12              troubled with kidney complaint.  Q.  Do you know whether he has been troubled with

13              rheumatism, diarrhea, or malarial trouble since the war?  A. Yes, I know that a long for

14              awhile when he first came out of the army he was troubled with diarrhea, and once when he

15              was here he was complaining of rheumatism.  No, I cannot say that I have known about his

16              malarial trouble. I think kidney trouble has been his greatest trouble since the war.  Q.  How

17              soon after the war did you know him to have kidney trouble?  A.  It seems to me that the first

18              time I saw him after he was discharged from the service was in 1866, he was then

19              complaining of kidney trouble, and diarrhea.  He has continued to complain of kidney trouble

20              all of the time since whenever I have seen him or heard from him.  No, I have not known him

21              to complain of the diarrhea trouble of late years.  Yes, I executed the affidavit you have

22              shown me, (B. J. 27.).  I am related to him by marriage. I married his sister.  I have no

23              interest in the case.  I have fully understood your questions.  I have  heard you read this

24              deposition, and my statements are correctly recorded.

25                                                                                  Henry Smart

26              Sworn to and subscribed before me this 3^rd day of May 1906, & 1 certify that the contents

27              were fully made known to deponent before signing. 

28                                                    W. H. Nelms             

29                                                                    Special Examiner.

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        3                      day of                         May                             , 1906, at          

            Lobdel                         , county of       Clinton,                                                                      

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                          Celia Smart  , who, being by me first duly sworn to answer truly all interrogatories propounded to her during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 66 years old, P.O. Lobdel, N. Y.  I am the wife of Henry Smart, and a sister of

2                 this claimant.  He was quite a healthy man prior to his army service, I recall that he was home

3                 from the service one time during the war, and was at our house.  He was then quite poorly,

4                 he was then complaining of a bowel complaint and kidney trouble. I saw him again in the

5                 course of a year or two after he was discharged from the service, he was still poorly, and

6                 complaining of the same troubles.  I have continued to see him occasionally since the service,

7                 simply as we have visited back and forth, we have not lived near each other.  He has

8                 continued to be in poor health, and has looked poorly, I have not heard him complain so

9                 much of the diarrhea, since the service especially of late years.  Q. Do you feel sure that he

10              was complaining of the kidney trouble when home on furlough, or did you first know him

11              to complain of that when you first saw him after his discharge from the service? A.  Well I

12              can not say for certain that it was when on furlough, that he complained of kidney trouble,

13              it may have been when I first saw him after the service, but I am sure that he was complaining

14              of bowel trouble when home on furlough, and he has continued to complain of kidney and

15              bowel trouble about every time I have seen him since the service.  I have no interest in the

16              case, I have fully understood your questions, I have heard you read this deposition, and my

17              statements are correctly recorded.

18                                                                                  Celia Smart

19              Sworn to and subscribed before me this 3^rd day of May 1906, & 1 certify that the contents

20              were fully made known to deponent before signing. 

21                                                    W. H. Nelms             

22                                                                    Special Examiner.

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        25                    day of                         April                           , 1906, at          

            Malone                        , county of                    Franklin                                                        

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a Special Examiner of the Bureau of Pensions, personally appeared                          John Lafave, who, being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 45 years old, a farmer, P.O. Malone, N. Y.  I have known this claimant about 37 years.

2                  I continued to live neighbor to him from the time I first knew him to five years ago.  Q.

3                 What do you remember of the condition of his health back when you first knew him?  A.

4                 Well, sir, all I know is that it was about the same then that it is now.  He then claimed to be

5                 disabled for work as he does now.  Q.  What in particular did you know him to complain of

6                 in those days? A.  I could not say for certain, but it was something the matter with his

7                 stomach that he complained of, and later on he complained of what they called Bright’s

8                 Disease.  There has never been a time during my acquaintance with him that he was able to

9                 be at work as the average man.  He did work once in awhile, a day, then he would be laid up

10              again unable to work.  Q.  Did you ever work with him?  A.  Yes, I often worked for him and

11              he worked some for us as we lived neighbors.  Q.  Have you any knowledge that he had

12              chronic diarrhea, rheumatism, or malarial chills and fever? A.  I am unable to swear for

13              certain what they claimed his diseases to be. I know that there were several doctors who came

14              there to see him, but I was quite young when I first knew him.  He always claimed that his

15              sickness was due to army troubles, but I could not be sure of the particular complaints.  Yes,

16              I executed the affidavit (B. J. 24) but all I knew of the particular complaints was what he said

17              I knew he was sick and doctoring.  I am not related to the claimant, nor interested in the case.

18               I have fully understood your questions and have heard this read and my statements are

19              correctly recorded.

20

21                                           John Lafave

22

23        were fully made known to deponent before signing.

24                                                                W. H. Nelms             

25                                                                    Special Examiner.

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Near Burke                 , county of       Franklin,                                                                    

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a  Special Examiner of the Bureau of Pensions, personally appeared                         Emrick Bennett            , who, being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 66 years old a farmer, P.O. Burke, N. Y. R. F. D.   I am a pensioner of the U. S. at the

2                 rate of 12 dollars per month under the Act of June 27, 1890, and I formerly drew a small

3                 pension under the old law for partial loss of index finger.  I served in Co. H. 142, N. Y. Vol.

4                 Inf.  I enlisted Aug. 25, 1862, and was discharged June 1865.  I rendered no other military

5                 or naval services in the U. S.   Q.  On account of what disabilities do you now claim pension

6                 under the general law?  A.  I cannot say for I have suffered from diarrhea, rheumatism,

7                 hemorrhage of the kidneys, and pretty nearly everything.  Q.  Can you tell me what

8                 disabilities were included in your old law claim?  A.  I cannot say that I can name the

9                 disabilities that were claimed for.  Q.  What disabilities do you now have that originated in

10              the service and in line of duty?  A.  Diarrhea and malaria are disabilities that I contracted

11              while I was in the army, and have hung right by me every since.  Q.  Have you any other

12              disabilities that were there contracted?  A.  Nothing except the loss of finger, and various

13              veins.  I was born and raised in the town of Peru, Clinton, Co. N. Y.  I came from there here

14              in 1858, and have lived here ever since.  I have been a farmer by occupation all of my life.

15               I don’t think there was a sounder man walked the earth than I was prior to and at the time

16              I enlisted.  The first disability that I had while in the service was diarrhea.  I had a mild attack

17              of it while in Virginia, but the first severe attack I had was on Kaway Island, S. C., the winter

18              of 1863-4, we landed there as I remember in August 1863, and it was the following winter

19              that I had diarrhea badly.  I was not sent to hospital with it there but was excused from duty

20              and confined to my tent.  It continued to trouble me after that, but after we returned to N. C.,

21              it was not quite so bad.  I was off duty some with it in company quarters.  Malaria, or slow

22              fever, I don’t know in reality what they did call it – was the next of my disabilities.  I think

23              I was on John’s Island when I was first laid off with malaria.  This was about Feb. or March,

24              1864.  I think we left there in April.  I did not go to hospital at this time with this disability.

25               I was simply excused from duty and remained in quarters.  I was then having chills and fever

26              badly and after I had been sick perhaps 10 days, the hair all fell off of me from head to foot,

27              yet I did not go to hospital.  I was then with the color guard, and after about three weeks I was

28              detaches as orderly to the Colonel, and I had but little to do.  I think I acted in that capacity

29              for about three months, and I continued to have the chills and fever by spells during that

30              time. There was a period of about 6 months leading up to the time I was wounded that I have

31              practically no recollection of.  I cannot tell where we were nor the duty done by the regiment.

32               I was wounded in the index finger of the right hand at Drury’s Bluff, May 16, 1864.  After

33              I was wounded I went on a hospital boat to Fortress Monroa.  I was there perhaps a week

34              when I was sent to Hampton.  I was there only a few days when I was sent to New York

35              Harbor, and from there immediately to Center St. Hospital, at Newark, N. J. I think I was

36              confined there seven or eight months when I reported back to my regiment at Raleigh, N. C.,

37              but I did no more duty after that during the service.  I was discharged at Newburn, N. C.  Q.

38              What was the cause of your long confinement in the hospital?  A.  Gangrene set in in the

39              wounded hand, and the hand and arm turned black, and I came near losing my hand.  While

40              in hospital the diarrhea and malarial trouble were working on me, these are the only diseases

41              that I now recall that I was then suffering from.  I was still unfit for duty at the time I left the

42              hospital.  I was sent back to the regiment at Raleigh, N. C., and in about two weeks I was

43              sent to Newburn, N. C. and was discharged.  I was sent on board a vessel to Central Park,

44              Hospital, Central Park, N. Y., or the first thing I knew, I found myself there and my

45              brother‑in-law, Joseph Prescott, (deceased) was with me.  I understood that I had a run of

46              typhoid fever while there.  I cannot tell how long I was confined in the hospital in N. Y., but

47              it was several weeks before I was able to be brought home.  I weighed 96..(Cont’d. nxt pg.)

48                                                                                     Emrick Bennett

49                                                                                                 Deponent.

50              Sworn to and subscribed before me this 24, day of April 1906, and I certify that the contents

51              were fully made known to deponent before signing.

52                                                                W. H. Nelms             

53                                                                    Special Examiner.

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Near Burke                 , county of       Franklin,                                                                    

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a  Special Examiner of the Bureau of Pensions, personally appeared  Emrick Bennett, Continued       , who, being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 …pounds at the time I reached home, my normal weight was about 170.  I had this run of

2                 sickness after I was discharged from the service, and before I was able to reach home.  I was

3                 really coming down with typhoid fever at the time I was discharged from the service.  The

4                 kidney trouble followed the typhoid fever.  I had intense pains in the back, which never

5                 ceased from the time I got up from this fever until I had hemorrhages of the kidneys.  It was

6                 several years after the service that I first commenced to pass blood from the kidneys.  I cannot

7                 say how many, but I had trouble with my back constantly from the time I got up from the

8                 fever until I commenced to have the hemorrhages, then the pain was not half so severe.  I was

9                 frequently laid up with this back trouble, from one to six weeks.  I continued to have frequent

10              hemorrhages of the kidneys from the first that I had them to about two years ago.  I have had

11              none since.  I got a medicine called Dr. Church’s kidney cure that did me more good than

12              anything else.  There was one time that I was laid up all winter with this kidney trouble.  This

13              was a year or so after I first had the hemorrhages, but I cannot state the year.  The kidney

14              trouble has laid me up more than anything else since the service.  I have no knowledge that

15              I ever had any kidney trouble prior to the time I had the typhoid fever following my discharge

16              from the service.  Q.  When did you first experience rheumatism?  A.  I have no idea.  Q.

17               Was it after your army service?  A.  Yes, I presume it was 30 or 35 years ago.  I do not think

18              I was troubled with rheumatism a particle during the service.  Q.  Were you on furlough any

19              after you were wounded and sent to hospital? A.  Yes, I came home on a 30-day furlough the

20              summer of 1864, and I had a pass home to vote at the time of the election the fall of 1864.

21               No, sir, I never received a wound of the wrist or arm, that part of the record is erroneous, it

22              does not relate to me.  Q.  What was your condition by reason of diarrhea, and malaria, at the

23              time you were discharged from the service, and what has been your condition therefrom from

24              year to year since the service?  A.  At the particular time I was mustered out,  I was not

25              suffering much from diarrhea, but I was feeling pretty poorly, and my skin was very yellow.

26               I called it jaundice, but I do not know what the doctors called it, and, of course, I was

27              bordering on typhoid fever, which I had immediately afterwards.  I have been continually

28              troubled from year to year since the service with occasional attacks of diarrhea, and malarial

29              chills.  I have never been free from them, and never shall be, yet I have suffered most since

30              the service from kidney trouble.  I have never been able to go ahead and perform manual

31              labor at any time since the service.  I have lived on my farm and seen to having it carried on,

32              but I have been unable to carry it on with my own labor.  I have frequently laid up unable to

33              do anything.  My son now carries on the farm.  Q.  Then you had been suffering from

34              diarrhea, and malaria, for a considerable time prior to the time you were wounded and sent

35              to hospital?  A.  Yes, I cannot say just how long but it was a long time.  Q.  It appears that

36              in a former affidavit you allege the incurrence of diarrhea, and malaria, while in hospital?

37               A.  I suffered from them while there, but that was not the first of it.  Q.  When did you first

38              have varicose veins that you have mentioned?  A.  This was the second trip over the

39              peninsula, I cannot tell the time.  We were six weeks on this trip and I should say that it was

40              in the latter part of the summer of 1863.  It was soon after the second battle of Bull Run.  I

41              don’t think we fired a gun during the time, but it was continual marching and the varicose

42              veins were caused form hard marching.  Q.  What medical treatment did you have while in

43              service outside of while you were in hospital?  A.  Nothing except I was given quinine or

44              something of that kind at morning sick call.  I was a corporal and simply took the sick to sick

45              call, and was frequently given treatment at such time.  Q.  What medical treatment have you

46              received for diarrhea and malaria, since your return from the service?  A.  I have been treated

47              by a great many doctors, the only doctor that has ever….(Continued….)

48                                                                             Emrick Bennett

49                                                                                       Deponent.

50              Sworn to and subscribed before me this  24  day of             April, 1906, and I certify that the

51              contents were fully made known to deponent before signing. 

52                                                              W. H. Nelms

53                                                                         Special Examiner

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Near Burke                 , county of       Franklin,                                                                    

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a  Special Examiner of the Bureau of Pensions, personally appeared  Emrick Bennett, Continued       , who, being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:

1                 …treated me who is still alive is Dr. Hastings, Constable Corners, N. Y., who is now a

2                 member of the Board of Examiners at Malone, N. Y., but he treated me for the kidney

3                 trouble.  He never treated me for malaria, or diarrhea.  I think my first doctor was Dr. Wilbur.

4                  I was treated by Dr.’s Stone, Golden, Dr. Jordon, and Dr. Bastel, & Dr. Bran, but I was

5                 treated more by Dr.’s. Wilbur & Bran, all of these doctors are dead.  While I have had

6                 treatment at various times for diarrhea and malaria, I have had more treatment for the kidney

7                 trouble.  Q.  What comrades are still alive that should have personal knowledge of the fact

8                 that you were troubled with diarrhea and malaria, while in the service?  A.  I can’t say

9                 whether there are any who are still alive that knew of it or not.  William Hooker, Geo. K.

10              Pond, Arthur McNalley, John Got, De Forest Sergeant, William Holden, were with me, but

11              I do not think there is one of them still alive.  They should have known of it.  I cannot name

12              any that I know to be alive that knew of it.  Q.  I now read you a list of comrades, would

13              any of these know of your condition in service?  A.  I remember the comrades that you have

14              marked yes on the list, and the others I do not remember, but I cannot say whether any of

15              those whom I remember can tell anything of my condition in service, for they were not men

16              that I was especially intimate with.  Q.  What persons in addition to those who have already

17              testified in the case have been in a position to know of the fact that you have suffered from

18              diarrhea and malaria from year to year since the service?  A.  There are other neighbors who

19              have known me all along and have known of my having been laid up at times, but as to

20              whether they will know as to the particular disabilities I cannot say.  I would mention  Myron

21              Avery, Ed Demmings, George Jordon and Worcester Pond, have known me.  I cannot say

22              as to whether they can mention particular disabilities.  The family data circular you have

23              shown me is correct.  I have heard you read this deposition.  I have no complaints to make

24              as to the manner or fairness of this examination.  I do not desire to be present nor to be

25              represented by an attorney during the further examination of the case.  I have fully understood

26              your questions.  I have heard the deposition read any my statements are correctly recorded.

27                                                            Emrick Bennett

28                                                                         Deponent.

29        Sworn to and subscribed before me this  24  day of             April, 1906, and I certify that the

30            contents were fully made known to deponent before signing. 

31                                                             W. H. Nelms

32                                                                       Special Examiner

3-289.

 

                                                DEPOSITION                                  

Case of        Emrick Bennett,                                                             , No.    82.843,                       

                                   

            On this                        24                    day of                         April                           , 1906, at          

            Near Burke                 , county of       Franklin,                                                                    

State of                        N. Y.               , before me,      W. H. Nelms,                                      ; a  Special Examiner of the Bureau of Pensions, personally appeared                         Lucia Bennett            , who, being by me first duly sworn to answer truly all interrogatories propounded to her during this special examination of aforesaid claim for pension, deposes and says:

1                 I am 71 years old.  I am the wife of the claimant, P.O. Burke, N. Y. I was married to the

2                 soldier in 1857, he was then a man of good health and so remained to the time he entered the

3                 service.  He came home from the army on furlough the summer of 1864.  He was then

4                 suffering from gangrene in the wounded hand, and from chronic diarrhea.  He was so poor

5                 and weak that he could hardly get about.  He had no flesh on his bones and when his furlough

6                 expired, he was unable to travel, and Mr. Frank Tupper, got an extension of the furlough.

7                  Mr. Tupper now lives at Dickenson, but his mind is so shattered that he has no recollection

8                 of this circumstance.  We have seen him concerning it.  I do not remember that he was having

9                 any malarial chills at that particular time.  At the time he was discharged from the service he

10              started home and got as far as New York City, and was taken down with typhoid fever, and

11              we were informed of his condition by a soldier who came home, and our brother‑in-law went

12              to New York and remained with him until he was in a condition that he could be brought to

13              his house at Mooers, N. Y., and kept him there until he was able to come home.  I did not go

14              to New York to see him as that was impossible, but I saw him as soon as he reached home.

15               He was then in very bad condition.  He gained fast after he got home, but he was in a

16              weakened condition at the time he got home.  I know of my own personal knowledge that he

17              has never been rid of chronic diarrhea.  I do not mean that he has had it constantly, all of the

18              time, but he has had it by spells all of the time.  I cannot say so much as to the malarial

19              trouble, as I am not familiar with the way it operates, except that I know that he has been

20              subject to chills, and to chilly sensations which he has said was due to malarial trouble.  He

21              has been a great sufferer from kidney trouble.  He has frequently had hemorrhages from the

22              kidneys that he would pass pure blood, but of late years that has not troubled him so much.

23               I should say that while he has been troubled a great deal from diarrhea, that kidney trouble

24              has been his greatest trouble.  I have fully understood your questions, have heard you read

25              this deposition, and my statements are correctly recorded.

26                                                                                Lucia Bennett

27                                                                                                  Deponent.

28              Sworn to and subscribed before me this    24            day of       April,                                            

29              1906, and I certify that the contents were fully made known to deponent before signing.

30                                                                         W. H. Nelms

31                                                                                 Special Examiner.

3-1876

—————————

DEPARTMENT OF THE INTERIOR,

BUREAU OF PENSIONS,

                                                                        Washington, D.C.,

———–o0o————

Montpelier, Vt. May 5, 1906

The Commissioner of Pensions,

Washington, D. C.

Sir:

I have the honor to return herewith all papers in the claim for pension of Emrick Bennett, P. O. Burke, Franklin Co. N. Y. R. F. D., late of Co. H, 142, N. Y. Vol. Inf. Cert. 82,843.  This claimant is pensioned under the Act of June 27, 1890, at the rate of $12., per month and claims pension under the general law.  The pending claim was referred to the S. E. D., for special examination as to origin and continuance of malarial poisoning and chronic diarrhea, and came to me for the initial examination.  The claimant was served with the usual notice and declined to be present or to be represented by attorney during the examination, and waives notice of further examination.

This claimant is a well-to-do farmer, and a man of good standing in the community where he lives.  He is unable to furnish any medical evidence whatever of the alleged disabilities, and while his neighbors know that he has been a great complainer, it appears that he has had some form of kidney or bladder trouble for many years, and this is the thing that he had complained of mostly, and he states that this has been greater than any other disability.

Original affiant De Forest Sergeant, B. J., 1C, is dead, he was a man of good standing but testified to wound only.  I have been unable to locate affiant Peter Premo, B. J. 26, it appears that he returned from Lebanon, N. H. to Burke, N. Y., but has since drifted away from there.  His reputation was only fair.  Charles H. Potter, of the list, is reported dead.

Wilbur Cook, referred to in the letter of Leonard F. Whitman, is unknown to the soldier.  Further examination is recommended as to origin for the testimony of Alexander Holden, Ada, Norman Co. Min. (B. J. 17,)., and elsewhere as per list if replies indicate personal knowledge.

Very respectfully,

W. H. Nelms

Special Examiner.

                                                                        Burke Feb 28, 1917

Commissioner of Pensions

                                                                        Washington, D. C.

 

Dear Sir:

 

            I understand there is an increase in the pension after a man becomes of 80 years of age.  I shall be 80 years old the first day of March 1917 and I want you to please let me know if there is anything more for me or not.  Am sending the number of my Certificate, which is 82.843.

 

                                                                        Yours,

                                                                        Emrick Bennett

                                                                        R2 Box 28

                                                                        Burke, N. Y.

 

 

 

 

 

 

 

 

 

 

 

 

                                                                        Burke, New York

                                                                                    April 19 – 1917

Commissioner of Pensions

 

Dear Sir:

            I have not changed my address at all.  I simply had my letter mailed by the Depot Master at Burke, as I have been told that any letter mailed at Burke Post Office, addressed to Washington, D. C. never leaves the Post Office. 

            I have my check all right now.  I got it the 10^th of the month, and it should have been here the fourth.  The mail carrier didn’t deliver it as he should.  A neighbor got it and brought it to me. 

            I wrote you a letter the last week of Feb – in regard to an increase of Pension.  I wanted to know if I was entitled to an increase at the age of 80 years.  I was 80 years the first day of March.  I don’t know if the letter ever reached you or not.  I wish you would please let me know if I am entitled to an increase or not.

 

                                                                                    Yours,

                                                                                    Emrick Bennett

 

            R 2 Box 28 Burke, N. Y.

 

 

 

 

 

 

 

                                                                                                            Burke, N. Y.

                                                                                                            Apr. 20-1921

 

Mr. Washington Gardner,

            Commissioner of Pensions.

                        Washington, D.C.

 

            In regard to Emrick Bennett’s claim, will say:

            I have been acquainted with Emrick Bennett for quite a number of years. 

            I married his son, Jefferson Bennett, nineteen years ago, the 20^th of last March, and came to live with Emrick Bennett and wife at that time.  Mrs. Bennett died thirteen years ago this spring, and I have looked after Emrick Bennett and done his work from the time of her death until the present time.  In all the time I have lived here Emrick Bennett has never been attended by a physician, except for a cancer on his nose, which I dressed and took care of for him. 

            He has never been confined to his bed since and (Illegible) here.  He is able to wait upon himself, but does no work whatsoever.  He has never paid me any regular wage, but has given me more or less money at different rent times.  Mr. Bennett is not confined to the house, but he never goes away from home.  He cannot work or (Illegible) any distance on account of the affect it has on his heart, which does not seem to be strong. 

 

Mrs. Alice Bennett

R 2 Burke, N. Y.

Age 49 years                                      

 

*************************************************

STAMP:  Pension Files Apr 26, 1921 RECEIVED

State of New York

County of Franklin

Alice Bennett – being duly sworn deposes and says the within statement – relative – to – claim No. 82843 true to – the – best – of her knowledge and belief.

Alice Bennett

 

Subscribed and sworn

Before this 23^rd day of April 1921.

 

                                                            (Illegible) H. Brown

                                                                                    Notary Public

 

*************************

 

STAMP:  Pension Office – U. S.  – Apr 25 1921

If this is not what you want and all satisfactory in the form I have sent it, you will have to send me a blank to be filled out.

Alice Bennett

STAMP:  Pending files Apr 26 1921 – RECEIVED.

M F 6   HOME

                                   DEPARTMENT OF THE INTERIOR        Medical Division

BUREAU OF PENSIONS

WASHINGTON

Act of May 1, 1920

1. C. NO. 82843                                   

Service  Co “H” 142 N. Y. Inf.                     

Name     Emrick Bennett                                

P.O.        R. F. D #2                                          

               Burke, New York.                           

Dr.       G. F. Zimmerman,

Malone, New York.

Sir:

The above-named applicant should be examined by you at his home to determine whether he requires the regular – not necessarily constant – aid and attendance of another person by reason of impaired vision or other infirmities, physical or mental.

Please give him a careful examination, state the essential conditions found, describing the obvious evidences of disability, and report positively and definitely whether as a matter of fact regular attendance is necessary.

Does he, or does he not, require aid in such necessary daily acts as eating, dressing and attending to the calls of nature?  If so, why is he unable to perform the services unaided?  Is he too feeble to wait upon himself?  Is his condition such as to make it unsafe for him to go out unattended?

Very respectfully,

Washington Gardner

Commissioner.

Invalid Div.

I.C. 82843

Emrick Bennett

H, 142 N. Y. Inf.

August 31, 1921

Mr. Emrick Bennett

R F. D. 12, Burke, N. Y.

Sir:-

Your claim for increase under section two, act of May 1, 1920, filed March 10, 1921, in the above cited case is rejected on the ground that it is not shown on medical examination that by reason of age and physical or mental disabilities you are helpless or blind or so nearly helpless or blind as to require the regular personal aid and attendance of another person.

Very respectfully,

Washington Gardner

Commissioner.