Civil War Pension file of John R Begley TO ALL WHOM IT MAY CONCERN Know ye, That John R. Beagley, a Private of Captain Joseph Herd’s Company (G), 47th Kentucky Infantry Volunteer’s, who was enrolled on the eleventh day of August, one thousand eight hundred and sixty three to serve one year or during the war, is hereby DISCHARGED from the service of the United States this twenty sixth day of December, 1864, at Lexington, Kentucky by reason of expiration of term of enlistment. (No objection to his being re -enlisted is known to exist) Said John R. Beagley was born in Perry County in the State of Kentucky; is 44 years of age; 5 feet 9 inches high, fair complexion, blue eyes, light hair and by occupation when enrolled a farmer. Given at Lexington, Kentucky this twenty sixth day of December, 1864 Joseph Herd Commanding Officer J C Henderson Captain, 47th Kentucky Infantry Major, 45th Kentucky Infantry ACM DECLARATION FOR INVALID ARMY PENSION State of Kentucky, County of Owsley On this 26th day of March, one thousand eight hundred and 80, personally appeared before me, C B Manin, Clerk of the Circuit Court, a Court of Record within and for the County and State aforesaid, JOHN R. BEAGLEY, aged 60 years, the County of Owsley in the State of Kentucky, who, being duly sworn according to law, declares that he is the identical JOHN R. BEAGLEY who enlisted in the service of the United States at Camp Nelson, County of Estill, State of Kentucky on the 11th day of August, 1863, as a Private in Company G of the 47th Regiment of Kentucky Volunteer’s, commanded by Joseph Herd and was honorably discharged at Lexington, State of Kentucky on the 26th day of December, 1864. That his personal description is as follows: age 60 years; height 5 feet 9 inches; complexion fair; hair light; eyes blue. That while a member of the organization aforesaid, in the service and in the line of his duty, at a place called Camp Nelson, State of Kentucky on or about the 18th day of November, 1863 I contracted disease of the right lobe of the liver. Also disease of the kidneys and urinary valves by reason of the alleged disabilities I have been more or less troubled since my discharge and am greatly disabled for the performance of manual labor. I received treatment in the hospital of Camp Nelson entering about November 20th, 1863. Also by my Assistant Surgeon W.H. Glass until mustered out of service. John R Begley State of Kentucky County of Owsley In the matter of John R. Begley claim for an invalid pension number 373.988, Company G, 47th Kentucky Volunteers in compliance with your letter dated July 23, 1880 Personally came before me, a Justice of the Peace in and for the aforesaid County and State, JOHN R. BEGLEY, aged 60 years, a citizen of Owsley County, State of Kentucky and his P.O. address is Traveller’s Rest, Kentucky. Well known to me to be reputable and entitled to full credit and who being duly sworn declares in relation to aforesaid case as follows: He states his place of residence five years immediately preceding his enlistment was in Perry County, Kentucky until about the spring of 1859 and his P.O. address was Hazard, Kentucky, and his occupation during this time was farming. He states in the spring of 1859 he changed his residence to Owsley County, Kentucky and remained there until he enlisted into the United States Service and after discharge has still remained in Owsley County, Kentucky and his P.O.O address has been Traveller’s Rest, Kentucky. He states during the period from his discharge to the present time his place of residence has been Owsley County, Kentucky and his P.O. Address has been Traveller’s Rest, Kentucky and during this period his occupation has been farming when able but has not performed any hard manual labor during the period he states he has only performed little light labor when able at farming. The affiant further states his disability first appeared at Camp Nelson, Kentucky and was treated for said disability alleged in his declaration by his surgeon John M. Daniel at Camp Nelson, Kentucky by his surgeons. His P.O. Address is Proctor, Lee County, Kentucky. He further states his disability continued up till discharge and was not well at the time and was also treated for said disability while in the army by Assistant Surgeon W H Glass at Big Hill, Kentucky and Paris, Kentucky and he also treated him in Breathitt County, Kentucky near Jackson, Kentucky for said disability. Said Surgeon Glass’s P.O. address is Big Creek, Owsley County, Kentucky. He further states after he arrived at his home discharged with instructions and advice from Dr. W. H. Glass he has treated him each and every year up till the present time for said disability. Said Dr. W.H. Glass P.O. address is given above. He states has not suffered from any attacks of acute disease the occurrence of his said disability. He further states he has not performed any manual labor since discharged but he states he has performed light labor since discharged when able to labor but suffering at the same time with said disability. He states he is never free from misery and pain and has not been since his disability first appeared. Suffering each and every year since to the present time. He further states he has not kept any record of dates or periods since discharge to the present time. He states he is satisfied in his own mind that he has been prevented full three fourths of his time each and every year since his discharge from following his usual occupation farming by reason of his disability alleged in his declaration for an invalid pension. He further states he has an interest in his claim for a pension. John R. Begley Sworn to and subscribed by me this 31st day of August 1880 W.W. Treadway, J.P.OC. WAR DEPARTMENT ADJUTANT GENERAL’S OFFICE Washington, D.C. June 23, 1882 Respectfully returned to the Commissioner of Pensions. John R. Begley, a Private of Company G, 47th Regiment Kentucky Infantry Volunteers, was enrolled on the 11th day of August, 1863, at Irvine, Kentucky, and is reported: On muster rolls from enlistment to February 29, 1864 present. to April 30, 1864 absent on detached service guarding Kentucky Central Rail Road April 24, 1864. No roll to June 30, 1864 on file. To August 31, 1864 present. No roll to October 31, 1864 on file. He was mustered out with Company December 26, 1864 at Lexington, Kentucky. Return for November 1863 does not report him absent. Also known as John R. Beagley The records of this office furnish no evidence of alleged disability. Company Regimental Books not on file Richardson Assistant Adjutant General State of Kentucly County of Owsley In the matter of the pension claim of JOHN R. BEGLEY No. 373.988 a late, Private of Company G, 47th Kentucky Volunteer Infantry Personally came before me a County Judge in and for the aforesaid County and State, HENRY DEEDS, aged 44 years, a citizen of Owsley County and State of Kentucky and his P.O. address is Traveller’s Rest, Kentucky. Well known to me to be reputable and entitled to credit and who being duly sworn by me declares in relation to the aforesaid case as follows: That he lived a near neighbor to said Jno. R. Begley at the time he returned home from the service discharged about December 30th, 1864. At the time his physical condition was very bad. He was suffering and complaining with he right side as he believes from his appearance, liver disease also at the same time with his kidney’s and urinary organs and said Begley from that time on during each and every year since to the present time has suffered with same named above. To date affiant further states he has labored with said claimant during each and every year since the date named above to the present time and he is satisfied in the said Begley has appeared to suffer and effected with said diseases named above during the period that he has been fully disabled three fourths of the time during each and every year to this date from the performance of manual labor by reason of same named above to this date. Affiant states he has lived one half a mile from said Begley’s residence during the period to this date and have seen said Begley on average every week during the period to this date. This is the reason he has known his condition during the period. His knowledge of the facts has derived from the sources stated above by these means he knows the above facts to be true from his own personal knowledge. He further declares that he has no interest in his claim for pension and is not related to said soldier. Henry Deeds Sworn to and subscribed before me this 27th day of March 1884 Sylvester Isaacs State of Kentucky County of Owsley In the matter of the pension claim of John R. Begley, No. 373.988 a late Private of Company G, 47th Kentucky Volunteer Infantry Personally came before me a County Judge in and for aforesaid County and State, THOMAS HAMILTON aged 62 years, a citizen of Lee County and State of Kentucky and his post office address is Buck Creek, Owsley County and OWEN HAMILTON aged 57 years, a citizen of Owsley County and State of Kentucky and his post office address is Traveller’s Rest, Kentucky. Well known to me to be reputable and entitled to credit and who being duly sworn by me this day declares in relation to the aforesaid case as follows: Affiants states that they were near neighbors to said John R. Begley five years prior to his enlistment and at the date of same in said service and affiants can safely state in their opinion that he was a sound able-bodied man and free from diseases of any kind for as they could see and especially free from liver disease, kidneys and urinary organs. If he had not been affiants would have known it from near neighborship during the period stated above. Affiants further state they have been personally acquainted with and have lived near neighbors to John R. Begley from about December 30th 1864 during each and every year since said date to the present time and at the date named above his physical condition appeared to be bad and was complaining and suffering with liver and kidney and urinary organ diseases and he has continued to suffer with same each and every year since to the present time during the period said Begley has appeared to suffer with right side, kidney and urinary organs to this date and further states they have labored with him more or less during said period and believe in their opinion and judgment that his manual labor compared to an able-bodied mans labor during period would not equal more than ¼ labor incapacitating said Begley three-fourths of his time during the period from the performance of manual labor by reason of said diseases named above to this date. Affiants states these means of knowing all the above facts has derived from near neighbors during the periods above named to this date by these means of knowledge affiants knows the facts to be true from their own personal knowledge. Affiants further declares they have no interest in his claim for pension and are not related to said applicant. Thomas Hamilton Owen Hamilton Sworn to and subscribed before me this 27th day of March 1884 Sylvester Isaacs Traveller’s Rest, Owsley County, Kentucky March 31, 1884 Honorable Commissioner of Pensions, Washington, D.C. Sir, In the Invalid Pension Claim of John R. Begley No. 373.988, a Private in Company G, 47th Kentucky Volunteers. My best recollection is at this time he contracted disease of the liver, kidneys and urinary organs about the 18th or 20th of November 1863 at Camp Nelson, Kentucky caused I believe from hardships, cold and exposure in the service and in the line of duty. He appeared to suffer with said diseases until discharge from said service December 26th, 1864. I know the above facts from personal knowledge from being in command of said Company at the time and place stated. His physical condition at enlistment was good and free from said diseases not hearing him complain with any diseases until about the date above stated. I have continued my acquaintance with him since the service each and ever year to this date and he has appeared to suffer with the same diseases he has complained in the same way and same manner from his appearance in every respect. He is not able for any manual labor by reason of the same. Very Respectfully, J.L. Herd Late, Captain, Comp. G, 47th Ky. Vols. State of Kentucky County of Owsley In the matter of the Pension claim of John R. Begley, No. 373.988, Late Private of Company G, 47th Volunteer Infantry Personally came before me a County Judge in and for said County and State, JAMES BRANDENBURGH, aged 76 years, a citizen of Lee County, State of Kentucky and his post office address is Proctor, Kentucky and WILLIAM B. BRANDENBURGH, aged 40 years, a citizen of Owsley County and State of Kentucky and his post office address is Bush Creek, Kentucky. Well known to me to be reputable and a credible person for truth and who being duly sworn by me, declares in relation to the aforesaid case as follows: The affiants states that they was personally acquainted with Claimant John R. Begley five years previous to the date of his enlistment in the U.S. Service. Affiants best belief and opinion that said claimant was during said period was a sound able-bodied man free from diseases of any kind as far as they could see and know. Never hearing him complain of any diseases during the period named in this affidavit and further say their best opinion is claimant was especially free from liver, kidney and urinary organ disease if he had not been we would have known it for the claimant labored for affiants during the years 1859 to 1860. Affiants knowledge of all these facts has been derived from personal acquaintance and neighbors and claimant laboring for affiants by these means affiants knows the above facts from their own personal knowledge. Affiants further declares they have no interest in said claim and are not related to said claimant. James Brandenburgh W.B. Brandenburgh Sworn to and subscribed before me this 27th day of November 1884 Sylvester Isaacs State of Kentucky County of Owsley In the matter of the Pension claim of John R. Begley, No. 373.988, Late Private of Company G, 47th Volunteers. Personally came before me a County Judge in and for said County and State, JOHN R. BEGLEY, aged 66 years, a citizen of Owsley County, State of Kentucky and his post office address is Traveller’s Rest, Kentucky. Well known to me to be reputable and a credible person for truth and who being duly sworn by me, declares in relation to the aforesaid case as follows: That he is unable to furnish medical testimony prior to and at the date of his enlistment in the U.S. Service for I never had any physician and did not need any physician prior to and at the date of enlistment. I have furnished credible neighbors proving my freedom from diseases of any kind, which I hope will be satisfactory in my case. John R. Begley Sworn to and subscribed before me this 29th day of November 1884 Sylvester Isaacs Traveller’s Rest, Kentucky November 21, 1884 Honorable Commissioner of Pensions Washington, D.C. Sir, In answer to your inquiry in the claim of John R. Begley, late Private, Company G, 47th Kentucky Volunteer Infantry I answer as follows: That my means of knowing the facts in his case is derived from my own personal knowledge from being his near neighbor and associated with him nearly regular ever since his discharge up to this date. The symptoms of his diseases and all external indications of said diseases since claimant’s discharge from the service has been a pain and misery in his right side and a misery in his back over his kidneys and urinary organs. His physical condition and external appearance has been very bad during the whole period with said diseases. The medical treatment for said diseases, liver, kidney, and urinary organs has been from the claimant himself since discharge to this date. Very Respectfully, Owen Hamilton CERTIFICATE OF DISABILITY I, Joseph F. Herd late Captain of Company G, 47th Regiment of Kentucky Volunteers certify on honor that John R. Beagley, was a Private, Company G, in my Regiment, and is, as I am informed, an applicant for Invalid Pension; that on or about the 18th day of November, 1863, at or near a place called Camp Nelson, in the State of Kentucky the said John R. Beagley while in the line and discharge of his duty as a soldier contracted liver, kidney and urinary organ diseases caused as I believe from cold and exposure incident to the service. Said Begley appeared to be effected in his right side, kidneys and urinary organs and continued in that condition with same till discharge from said service December 26th, 1864. I further say that claimant Begley was treated by Surgeon John M. Daniel of the 47th Kentucky Volunteers for said diseases named above at Camp Nelson, Kentucky. I knew the above facts from personal knowledge. Affiant has no interest in this matter. My post office address is Traveller’s Rest, County of Owsley, State of Kentucky Joseph F. Herd Late, Captain, 47th Regiment Kentucky Volunteers DECLARATION FOR ORIGINAL PENSION FOR WIDOW-CHILD OR CHILDREN UNDER SIXTEEN YEARS OF AGE SURVIVING State of Kentucky, County of Owsley On this 14th day of April, A.D. one thousand eight hundred and ninety two, personally appeared before me, John Breeding, County Court Clerk, the same being a court of record within and for the county and State aforesaid, CATHERINE BEGLEY, aged 55 years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by Acts of Congress granting pensions to widows: That she is the widow of John R. Begley who volunteered under the name of John R. Begley at Irvine, Estill County, Kentucky, on the 11th day of August, 1863, in Company G, 47th Regiment of Kentucky Volunteer Infantry in the war of the Rebellion, who contracted disease of the liver abd urinary organs in the service and line of duty caused from cold and exposure. Said diseases followed him to death. Was the immediate cause of his death which occurred on the 23rd day of February, 1892; who bore at the time of his death the rank of Private, in Company G, 47th Regiment Kentucky Volunteer Infantry; that she was married under the name of Catherine Sandlin to soldier John R. Begley on the 22d day of May, 1867 by George W. Miller at the house of John R. Begley, there being no legal barrier to such marriage; that neither she nor her husband had been previously married (her husband had been previously married to Lucy Eversole and was divorced from her about June 1866, not able to give correct date or month for the reason the record has been burned by fire. That she has to the present date remained his widow; that the following are the names and dates of birth of all the legitimate children yet surviving who were under sixteen years of age at the father’s death, Orleana Begley, born 17th March, 1876 Tennessee Begley, born 27 November, 1878 That she has not in any manner been engaged in, or aided or abetted, the rebellion in the United States, that no prior application has been filed by her. Her husband was a pensioner, No. 286.579 That she hereby appoints S M Cecil of Traveller’s Rest, Kentucky her attorney to prosecute her claim; that her residence is Owsley County, Kentucky and her post office address is Traveller’s Rest, Kentucky. J D Green her A M Glass Catherine X Begley Also personally appeared J D Green, residing at Booneville, Kentucky, and A M Glass, residing at Booneville, Kentucky, persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw Catherine Begley, the Claimant, make her mark to the forgoing declaration; that they have every reason to believe, that she is the identical person she represents herself to be; and that they have no interest in the prosecution of this claim John Breeding State of Kentucky County Of Owsley In the matter of the pension claim of Catherine Begley now widow of John R. Begley deceased, late Private, Company G, 47th Regiment Kentucky Volunteer Infantry Personally appeared before me a Notary Public in and for said County and State, CATHERINE BEGLEY, aged 55 years, a citizen of Owsley County, Kentucky whose post office address is Traveller’s Rest, Kentucky. Well known to me to be reputable and who being duly sworn by me declares in relation to aforesaid case as follows Claimant says the reason she is unable to furnish the testimony of Susan Angel who was the mid-wife and acted in the capacity at the time of the births of Orleana Begley and Tennessee Begley born March17th, 1876 and November 27th, 1878. Said mid-wife is living but is of unsound mind, very old and not able to testify to said births. Have furnished the testimony of two eyewitnesses who were present at the births of the two children above named. Were eyewitnesses S R Begley her B Botner Catherine X Begley Subscribed and sworn to before me this 16th day of April 1892 N F Kidd Notary Public State of Kentucky County Of Owsley In the matter of the pension claim of Catherine Begley now widow of John R. Begley deceased, late Private, Company G, 47th Regiment Kentucky Volunteer Infantry Personally appeared before me the undersigned who being duly authorized to administer oaths in and for said County and State, AMANDA DEEDS, aged 51 years, and MARY BEGLEY, aged 54 years, citizens of Owsley County, Kentucky whose post office address is Traveller’s Rest, Kentucky. Well known to me to be reputable and who being duly sworn by me declares in relation to aforesaid case as follows The aafiants says they are and have been personally well acquainted with Catherine Begley now widow of John R. Begley deceased for twenty five years to date the affiants further says they were present at the residence of John R. Begley and Catherine Begley and eyewitnesses at the births of the following children Viz: Orleana Begley was born March 17th, 1876 and Tennessee Begley was born November 27th, 1878. Affiants says at the births of the two children stated Susan Angel acted in the capacity at the time as mid-wife. Said Susan Angel id still living. She is very old and now of unsound mind and not able to testify. The affiants says how they are able to remember the precise and correct dates of said births of said minor children is from recollection and memory and having a true copy of the family record before them. The affiants says they have no interest direct or indirect and are not concerned in the prosecution of this claim for pension. Attest: her B. Botner Amanda X Deeds S R Begley her Mary X Begley Sworn to and subscribed before me this 16th day of April 1892 W F Kidd State of Kentucky County Of Owsley In the matter of the pension claim of Catherine Begley now widow of John R. Begley deceased, late Private, Company G, 47th Regiment Kentucky Volunteer Infantry Personally appeared before me the undersigned being duly authorized to administer oaths in and for aforesaid County and State, HENRY DEEDS, aged 52 years and WILLIAM C. HAMILTON, aged 36 years, citizens of Owsley County. State of Kentucky whose post office address is Traveller’s Rest, Kentucky Well known to me to be reputable and who being duly sworn declares in relation to the aforesaid case as follows: Affiants, says they have been personally acquainted with John R. Begley for the last twenty years past. Have lived near neighbors to him during said period he complained with his right side, liver, and urinary organs up till December 1891 from about this date said Begley was confined to his house and bed under the treatment and care of Dr. S W Glass till death. Affiants, says during his last illness they visited him regularly and set up with him and waited on him during his last illness and confinement. He suffered and complained with his right side and urinary organs. There was a cake formed in his right side in the region of the liver. Begley lingered and grew worse until death with said diseases stated above. Affiants belief and best opinion is from the symptoms indicated to them the way and manner he complained and was affected during his last illness that said diseases above named was the immediate cause of his death which occurred on the 23rd day of February 1892. Affiants, says they were eye witnesses and present at the time Begley died. Affiants, says they know all the above facts from their own personal knowledge derived from the sources stated above. Affiants further states they have been personally and well acquainted with Catherine Begley widow now of John R. Begley for the last twenty years and to date are satisfied and believe that she has been truly loyal during the period. Never knew anything else of her. Since the death of her husband she has remained a widow to this date the last facts affiants knows to be true from personal knowledge derived from the sources stated. Affiants further declares that they have no interest direct or indirect in the prosecution of this claim for widows pension. Affiant Deeds says he is not related. Affiant Hamilton says he is distantly related. Henry Deeds William C. Hamilton Sworn to and subscribed before me this 9th day of May 1892 H M Hamilton, JPOC DECLARATION FOR WIDOW’S PENSION State of Kentucky, County of Owsley On this 21st day of February, A.D. one thousand eight hundred and Ninety Five, personally appeared before me, Notary Public, in and for the aforesaid County, duly authorized to administer oaths, CATHERINE BEGLEY, aged 60 years, a resident of the post office of Traveller’s Rest, County of Owsley, State of Kentucky, who being duly sworn according to law, declares that she is the widow of John R. Begley, who enlisted under the name of John R. Begley at Booneville, Kentucky, on the 11th day of August, 1863, in Company G, 47th Kentucky Volunteers, in the war of the Rebellion, and served at least ninety days and was honorably discharged at Lexington, Kentucky, December 26th, 1864 and died February 23, 1892. That she was married under the name Catherine Sandlin to said John R. Begley on the 22nd day of May, 1867 by George W. Miller, at husband’s residence, there being no legal barrier to said marriage husband was divorced from a former marriage. That she has not remarried since death of said John R. Begley. That she is without other means of support than her daily labor. All my children is over sixteen years of age at this date. She has heretofore applied for pension the number of her application is 550.321 That she makes this declaration for the purpose of being placed of the roll of the United States under provisions of the Act of June 27, 1890. She hereby appoints William B. Greene of Washington, D.C. her lawful attorney to prosecute her claim, and agrees to allow him the fee of ten dollars. Her post office address is Traveller’s Rest, County of Owsley, State of Kentucky C E. Minter her William Hamilton Catherine X Begley Also personally appeared C E Minter, residing at Traveller’s Rest, Ky, and William Hamilton, residing at Traveller’s Rest, Kentucky, persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw Catherine Begley, the Claimant, make her mark to the forgoing declaration; that they have every reason to believe, from the appearance of the said claimant and their acquaintance with her for 20 years and 20 years, respectively, that she is the identical person she represents herself to be; and that they have no interest in the prosecution of this claim. N F Kidd The Commonwealth of Kentucky To any Minister of the Gospel, or other person legally authorized to solemnize Matrimony. You are permitted to solemnize the Rites of Matrimony between JOHN R. BEGLEY and CATHERINE SANDLIN. The requirements of the law having been complied with Witness my hand as Clerk of the Owsley County Court. This 17th day of May 1867 ****** ******* This is to certify hat on the 22d day of May 1867 the Rites of Marriage were legally solemnized by me between JOHN R. BEGLEY and CATHERINE SANDLIN at the residence of John R. Begley in the County of Owsley and the State of Kentucky in the presence of JOHN HAMILTON and RUDOLPH HAMILTON George W. Miller A copy Attest on this 14th day of April 1892 John Breeding, Clerk Owsley County Court State of Kentucky County Of Owsley In the matter of the pension claim of Catherine Begley now widow of John R. Begley deceased, late Private, Company G, 47th Regiment Kentucky Volunteer Infantry a soldier in the Civil War. Personally appeared before me a Deputy Clerk of the Owsley County Court, duly authorized to administer oaths: CATHERINE BEGLEY, age 64 years, a resident of the County and State above named, whose post office address is Traveller’s Rest, Kentucky. She is well known to me to be of good moral character and entitled to credit and who being duly sworn declares in relation to the aforesaid case makes the following statement concerning the ages of her two youngest children. That she had forgotten the exact ages of said children but she produced to me a bible which contains the names and dates of birth of her children which she states is the correct record of the births of her children. I do hereby certify that I have examined said record in said bible and from the appearance of the record she believes it to be a true genuine record. It shows that Orleana Begley was born March 17th, 1876 and Tennessee Begley was born November 27th, 1878, these are the dates of birth of Catherine Begley’s two youngest children that is living. The name of the Bible is the Nero York American Bible and was published in 1886 at New York and I further declare that I have no interest in said case and are not concerned in its prosecution. her Henry Deeds Catherine x Begley David Deeds GENERAL AFFIDAVIT State of Kentucky, County of Owsley In the matter of the pension claim of Catherine Begley, widow of John R. Begley deceased late Private of Company G, 47th Regiment Kentucky Volunteers. On this 8th day of November, A.D. 1902, personally appeared before me, a Notary Public within and for the County and State aforesaid, duly authorized to administer oaths, CATHERINE BEGLEY, aged 64 years, a resident of Traveller’s Rest, in the County of Owslye, and the State of Kentucky, whose post office address id Traveller’s Rest, Kentucky, well known to me to be reputable and entitled to credit, and who, being duly sworn, declares, in relation to the aforesaid case as follows: Claimant says she has gained this last knowledge since her claim has been filed in February 1895 from reliable sources who will corroborate her statement. She says she did state in her declaration on file that her husband had been previously married before they married. She says she knew no better because he told her so and also that he had a divorce from former wife to satisfy and reconcile her about the matter before she would consent to marry him. She says now she has learned from good authority that her husband never was married to the former woman at all and no records to show her was. Only lived together as man and wife and he did abandon her sometime before her and his marriage. These are the facts in this case. If she had knew them but did not know them when she filed her claim. She says she never was previously married. Her only marriage was to said soldier. Claimant further states that she has no income from any source and no person bound by law to support her. Her own daily labor is her dependence for support. her John Creech Catharine X Begley Hiram Botner DEPOSITION “A” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 17th day of Septmeber,1903, at Traveller’s Rest, County of Owsley, State of Kentucky, before me, William H. Wentz, a special examiner of the Bureau of Pensions, personally appeared CATHERINE BEGLEY, 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: I am 65 years of age; my post office address is Traveller’s Rest, Owsley County, Kentucky. I am the widow of the late John R. Begley, who served as a member of Company G, 47th Kentucky Infantry, War of the Rebellion, and who received an honorable discharge and was pensioned for disabilities received in the service and line of his duty while a member of said Company and who died on the 23rd day of February 1892 as a result of said disabilities received in the service and for which pensioned. I am the claimant in this case and claim a pension under the general law. MARITAL RELATIONS I was married to John R. Begley on the 22nd day of May 1867 at Traveller’s Rest by the, Rev George W Miller. I had not been previously married but, my husband John R. Begley had been married to Betsy Eversole and divorced from her but, I do not know the date of said marriage nor the date of said divorce. I was well acquainted with said Betsy Eversole and knew her after she was divorced and married Jerry Fields. They then lived on what was called Squabble Creek in Clay County, Kentucky. Both she and her husband are now dead. After he was divorced from Betsy Eversole he lived with Lucy Eversole for a while prior to his and my marriage but, they were never married. Lucy Eversole is now dead. She moved to the Indian Territory about fifteen years ago and died while there. Q. How do you know said Lucy Eversole is now dead? A. Hiram Begley, who had married her daughter Rindy wrote to his brother Joab Begley. I visited him about nine or ten years ago and he showed me the letter. He lives in Laurel County, Kentucky, I do not know his Post Office Address. Hezekiah Creech who lives near Boonesville, Kentucky went with me when I visited said Joab Begley and could tell you just where Joab lives. Three children were born of my husband’s marriage to Betsy Eversole, Jane, Martha and little boy whose name I cannot recall but, he died when he was a boy. I do not know where either of them now live. I heard from Martha seven or eight years ago and she was then living in the Middle Fork Country in Hazard, Kentucky. I have not heard from Jane for seven years and do not know where she is living. Two children were born to my husband by Lucy Eversole, Rindy and Marcus. Marcus lived with his father and myself until he was about twenty six years of age when he died. Rindy married Hiram Begley as above stated. You misunderstood me a while ago. It was one of Hiram Begley’s children that wrote about Lucy Eversole’s death. In the letter above mentioned it was stated that Hiram Begley, his wife Rindy and Mother-in-law Lucy Eversole were all dead. Edward Gay and Abel Johnson both of Gay’s Creek, Perry County, Kentucky were well acquainted with my husband at the time he was living with Lucy Eversole and know that they were never married but, they just lived together. Ten children were born to me and my husband John R. Begley, as follows: Alfred, Elizabeth, Nancy, Susan, Mary, Elijah, Orleana, Tennessee, and Rachel. Rachel my youngest child and my first born a little boy are dead. The boy died before he was named. The date of birth of my two youngest children have been stated and filed in an affidavit in this case heretofore but, I cannot give the dates of their birth now. Tennessee and Orleana are the youngest and are both married. Q. Who were present at the time of your husband’s death? A. Henry Deeds and Joe Tecket and many others, the house was full of people. Q. What doctor attended Mr. Begley during his last sickness? A. Dr. Arch Glass, Boonesville, Owsley County, Kentucky was the only Doctor that attended him and he was not present at the time of his death. The said doctor was here about every other day for sometime prior to his death. There was seventeen days just prior to his death that he had no movement of his bowels. Everything he swallowed he threw up. Neither myself, or my husband John R. Begley ever applied for a divorce from each other but, lived together continuously from the time of our marriage up until his death on the 23rd day of February 1892. I have not remarried. My maiden name was Catherine Sanly. Tennessee Mayse Elijah ***** Catherine X Begley DEPOSITION “B” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 17th day of Septmeber,1903, at Traveller’s Rest, County of Owsley, State of Kentucky, before me, William H. Wentz, a special examiner of the Bureau of Pensions, personally appeared, HENRY DEEDS, 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: I am 62 years of age; my post office address is Traveller’s Rest, Owsley County, Kentucky. I am well and personally acquainted with the claimant and was intimately acquainted with her late husband, John R. Begley and have lived a near neighbor to them continuously since they were married in 1867. I have seen both of said parties at least once a month during all the above mentioned period. Said soldier John R. Begley and claimant Catherine Begley have lived together continuously as husband and wife from their marriage up until his death about eleven years ago. I do not remember the exact date although I was present at the time of his death. The claimant has not remarried and continues to live a close neighbor. She does not have any property, real or personal that I know of and it is my understanding that she is entirely without means of support and has no income whatever. I saw the soldier often during his last illness who seemed to suffer greatly from some kind of stomach and bowel trouble. His stomach would not retain anything he ate or drank for several days prior to his death and it seemed that nothing would act on his bowels. There were many days that he had no movement of the bowels at all. At the time of the death of said John R. Begley he had but two children under sixteen years of age, Tennessee and Orleana. No I do not exactly remember their ages but at the time of the soldier’s death, I know it was said that they were under sixteen years old. The claimant is of good moral character and has the respect and good esteem of the people in the community in which she lives. I am not interested in this claim nor am I related t the claimant. Henry Deeds DEPOSITION “C” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 17th day of Septmeber,1903, at Traveller’s Rest, County of Owsley, State of Kentucky, before me, William H. Wentz, a special examiner of the Bureau of Pensions, personally appeared, AMANDA DEEDS, 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: I am 59 years of age; my post office address is Traveller’s Rest, Owsley County, Kentucky. I have been well and personally acquainted with claimant Catherine Begley since she was sixteen years old and lived a close neighbor to her and her late husband John R. Begley about seventeen years prior to the death of said Begley. I made an affidavit in this case a few years ago in which I stated that I was present at the birth of the two youngest children of the claimant and John R. Begley and stated that time just when they were born but at this time I could not give the date of birth of either Tennessee or Orleana. At the time of making that affidavit my statement was based on my recollection of said births and by having before me a copy of the record from the claimant’s family bible. I also fix the date of the youngest daughter of said claimant by the birth of my youngest daughter, Syntha who was 24 years of age on the 2nd day of May 1903 and I know that Tennessee was about seven months younger than Syntha. The other girl Orleana is about two years older than Tennessee. The claimant has always been a good neighbor and has always borne a good name. I have never heard a breath of scandal about her in my life. She is very poor woman and has a hard time to get along. She works for any of the neighbors and is always ready to do what she can. She and her husband lived together as man and wife from the time I knew them until his death ten or eleven years ago. I was present at the time of his funeral and saw him in his coffin. I never saw anyone more attentive to a person in their last sickness than was Mrs. Begley to her husband. During all the time that he was so bad she hardly left his bed- side. She has not remarried and had not been married prior to her marriage to said John R. Begley. I am not interested in the prosecution of this claim nor am I related to the claimant. her Eliza Hamilton Amanda X Deeds DEPOSITION “D” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 17th day of Septmeber,1903, at Traveller’s Rest, County of Owsley, State of Kentucky, before me, William H. Wentz, a special examiner of the Bureau of Pensions, personally appeared, S.R. BEGLEY, 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: I am 74 years of age; my post office address is Traveller’s Rest, Owsley County, Kentucky, I am a farmer and am he identical Swimpfield R. Begley, who served in Company G, 47th Kentucky Infantry and was well acquainted with John R. Begley who served in the same organization during the War of the Rebellion. He and I were brothers. Said John R. Begley first married Betsy Eversole while we all lived in Perry County, Kentucky. I was considerably younger than John R. Begley my brother but remember when he married the said Betsy Eversole. They lived together but a few years and then separated and were divorced. Lucy Eversole, a cousin of Betsy Eversole then went and kept house for said John R. Begley and it was said that a man by the name of Tom Merrill had married them. Said Merrill was a very unreliable person and it was thought that he had given them a kind of farce or mock marriage. There was much talk in the community about their manner of living and I went and searched the records in the County Clerk’s Office in Hazard, Kentucky and there was no record of their marriage. He finally had her leave his house and they never lived together afterwards. Two children were born to him by said Lucy Eversole but the boy Marcus died when he was about twenty- one or twenty two years old. The other one Rindy married a man by the name of Hiram Begley. A few years ago said Lucy Eversole and her daughter Rindy and said Hiram Begley moved to the Indian Territory. I saw Joab Begley, who is a brother to said Hiram Begley a few years ago and he told me that he had received a letter from some of the folks in the territory and that Rindy and Lucy Eversole were both dead. I was present at the time of John R. Begley’s death but cannot recall the year. His death was caused by stomach and bowel trouble. There was almost a month before he died that his stomach would not retain anything he ate. They could not get anything through him. He seemed to be in great misery and complained much of his side hurting him. The claimant and the said soldier lived together continuously from the time of their marriage until his death as husband and wife. Neither of them applied for divorce. The claimant has not remarried. I am not interested in the prosecution of this claim. S R Begley DEPOSITION “E” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 17th day of Septmeber,1903, at Traveller’s Rest, County of Owsley, State of Kentucky, before me, William H. Wentz, a special examiner of the Bureau of Pensions, personally appeared, MARY BEGLEY, 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: I am 64 years of age; my post office address is Traveller’s Rest, Owsley County, Kentucky I am well and personally acquainted with the claimant, Catherine Begley. I knew John R. Begley almost all my life up till his death a few years ago. I lived close to him in Perry County, Kentucky and was well acquainted with his first wife, Betsy Eversole. I did not know said Betsy Eversole until after she was divorced from John R. Begley. She married a man by the name of Jerry Fields and they lived close to my mother. That was before I was married. And at that time only a young girl about 15 years old. I was at the home of said Betsy Eversole and her husband Jerry Fields many times. They are both now dead. I also knew Lucy Eversole. Who was a cousin to Betsy; the said first wife of said John R. Begley. After the death of Betsy, Lucy Eversole went and lived with said John R. Begley but I do not know whether they were married or not. I know that she stayed with him at least three or four years and had two children by him. One of the children’s names was Marcus and the other’s name was Rindy. He then made her leave his house and never went back. I never heard her say anything about her relations with said Begley although she staid with me pretty much all one winter after she left Begley’s house. I must have been about twenty years ago that she and her daughter Rindy together with her son-in-law Hiram Begley who had married Rindy, went to Indian Territory. I have heard that she is now dead. I made an affidavit some years ago in this case in which I stated that I was present at the birth of Orleana and Tennessee the two youngest children of the claimant by her husband, John R. Begley. I was present at their birth but I could not at this time fix the exact date of either of them. At the time I made the said affidavit my memory was refreshed by, a copy of the records from claimant’s family bible. My husband Swimpfield Begley was a brother of John R. Begley aside from that I am not related to the claimant. She has not remarried and has a hard time to make a living since her husband’s death. I am not interested in the prosecution of this claim. her S. R. Begley Mary X Begley DEPOSITION “A” Case of CATHERINE BEGLEY On this 3rd day of November, 1903, at Delvinta, County of Lee, State of Kentucky, before me, William H. Wentz, a special examiner of the Bureau of Pensions, personally appeared, SWIMPFIELD R. BEGLEY, 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: I am 74 years of age; my post office address is Delvinta, Lee County, Kentucky. I am a farmer and am well acquainted with the claimant Catherine Begley and her late husband, John R. Begley was my brother. Q. In your deposition before me a short time ago you stated that it was your understanding that John R. Begley, your brother and Lucy Eversole had been given a mock or farce marriage by one Tom Murrall, will you please tell me where said marriage took place and name some of the parties that were present at said marriage? A. I was not present at said marriage nor do I know of anyone that was present. I do not know that there was any such marriage but it occurred to me when I made the deposition referred to above that said Tom Murrall had told me or that I had gotten the impression some way that said Murrall had pretended to marry them. I am quite sure they were not legally married and I know that the said Lucy was always known by the name of Lucy Eversole. She was never known by the name of Begley. Q. What sort of fellow was this man Murrall? Did he have authority to solemnize marriages? A. He was a minister but was one of the meanest men I ever met. He was a man of bad reputation and would do most anything for a little money. He has been dead fifteen or twenty years. He lived in Perry County. I think his nearest post office was Gays Creek, Kentucky. Henderson Eversole was a brother to Lucy Eversole, and now lives on Gays Creek, Perry County, Kentucky. If you can find him he maybe able to give some information about the relation of John R. Begley to Lucy Eversole. I searched the records in the Perry County Clerk’s Office for a record of said marriage and no recor could be found. Q. Where was John R. Begley living when he obtained a divorce from his first wife, Elizabeth Eversole? A. He lived in Perry County and the divorce was granted in the Perry County Circuit Court. Betsy Eversole married a man by the name of Jerry Fields and had several children by him when my brother John R. Begley was married to the claimant. I think said Betsy Eversole and Jerry Fields were married in Perry County. I was well acquainted with them and saw them often after their marriage. Lucy Eversole lived with me and my wife one winter after she left John R. Begley and she never said a word about having been married to said John R. Begley. Said Lucy Eversole came over here from Perry County after the claimant and the said soldier were married and lived close to me for a year or so but I never heard any talk of a divorce in this county. I think she must have known that she and the soldier were never married or else she would have brought suit against him and put him to some trouble. This she never did. I am not interested in the prosecution of this claim. Swimpfield Begley September Term, 1846- 2nd, day Court, 29th Elizabeth Begley---------------------------------------Complt., Vs--) In Chy., for a Divorce John Begley,--------------------------------------------Deft. This day this cause came on for final hearing by consent on the Bill, Answer and depositions. It is therefore considered and decreed by the Court that Elizabeth Begley be forever divorced from her husband John Begley, and that the marriage contract heretofore subsisting between them be dissolved ad she is restored to all the rights and immunities of an unmarried woman, and this cause is stricken from the docket. State of Kentucky ) ) Sct. County of Perry ) I, F.B. Feltner, Clerk of the Perry Circuit Court, do certify, that the foregoing is true and complete copy of the judgment in case of Elizabeth Begley against John Begley as appears from the records now on file in my office, Given under my hand as Clerk of said Court this the 12th, day of November, 1903 F B Feltner Clerk, Perry Circuit Court Exhibit A DEPOSITION “A” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 5th day of April, 1904, at Kelleyville, of Creek North, of Indian Territory, before me, S D Stahl, a special examiner of the Bureau of Pensions, personally appeared, ELIJAH H. BEGLEY, 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: I am 48 years of age, Occupation have kept grocery store. P.O. Kellyeville, I.T. John R. Begley was a cousin of my father. I knew John R. Begley from my childhood. I do not remember his first wife Betsy or Elizabeth. Yes, I knew his last wife Catherine. Yes, I knew Lucy Eversole, did not know her while she lived with John R. Begley but I became acquainted with Lucy Eversole soon after she quit living with John R. Begley. She then kept house for Leander Begley till her daughter Rinda married my brother Hiram H. Begley. Then she came and lived with Hiram Begley till ten or eleven years ago. Then she kept house for James Bradley four or five years. Next she lived with her grand daughter Janey Bruner till about three years ago. Then she went back to Kansas and is there yet if alive. Janey Bruner old me she received a letter from her Grandmother Lucy Eversole about six months ago; but I forget the post office. Janey said Lucy had gone back married an old soldier and was living fine. Name of soldier not known. Lucy Eversole had three children by John R. Begley- as follows Rinda, Marcus and Lafayette. Rinda married Hiram H. Begley now at Edna, I.T., Rinda is now dead. Marcus died years ago. I don’t know what became of Lafayette. James Bradley (see above) is dead. Janey Bruner is the wife of Riden Bruner- P.O. Mansford, I.T. 4 miles south. I think she can tell where Lucy Eversole now is. Q. Was John R. Begley and Lucy Eversole ever married? A. I do not know. I never heard Lucy say whether she had been married to John R. Begley or not. I saw Lucy Eversole after John R. Begley died and she said she was going to try get a pension as his widow. I do not know whether she ever applied for pension. Yes, she went by the name of Lucy Eversole all the time after she left John R. Begley. I do not know why she did not use the name Begley. Yes, I knew Thomas Murrill. He was a preacher and lawyer. I do not know whether he married Lucy Eversole to John R. Begley or not- neither do I know whether he had authority to perform marriage ceremonies. Joab Begley is my brother. He lived at Gray Hawk, P.O. Kentucky. Leander Begley was in the asylum for the insane at Lexington, Kentucky the last I heard of him 30 years ago. I have a faint impression that Lucy Eversole told me the reason she would not use the name Begley was because John R. Begley had been so mean to her. Her children Rinda and Marcus went by the name of Begley. So did Lafayette. I am not interested in this claim. E.H. Begley ADDITIONAL Since I have thought the matter over. I now recollect that Lafayette Begley was the son of Betsy and John R. Begley. I also now recollect that the letter referred to above and which I said Lucy Eversole wrote to Janey Bruner, was written to me, and that after reading it, I sent it to Janey Bruner. I have had a spell of Typhoid Fever and that I suffered caused me to make the mistake. E.H. Begley DEPOSITION “A” Case of CATHERINE BEGLEY, No. 550.321 On this 13th day of May, 1904, at Winfrey, County of Cransford, State of Arkansas, before me, John W. Klemm, a special examiner of the Bureau of Pensions, personally appeared, LUCY KISSINGER, 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: I am 64 years of age I guess. (October- 1840 I was born) I was born and raised Perry County, Kentucky. Hazard was my Post Office. P.O. address Winfrey, Arkansas. Residence same. Occupation Housewife. My maiden name, Lucy Eversole. I was married to a man named John R. Begley. Yes sir I was legally married to him I guess so. I was married to Begley before the war as my youngest child Rindy Begley was ten years old when the rebellion commenced. I married John R. Begley on what is called the Middle Fork, Perry County, Kentucky. We were married by Thomas Merrill he was a preacher of the Baptist denomination. Yes sir he was a regular ordained preacher but not of that place. It was said that said preacher was an ordained preacher. He came from Virginia, but where I don’t know. Yes sir, said preacher performed the marriage ceremony of soldier Begley and myself. The license was obtained from Hazard, Kentucky and got it by Charles Campbell who is now dead. He use to live a near neighbor to me. No sir, I have no marriage certificate. No sir, I did not get any. I had two children by John R. Begley. Marcus Begley and Marindy or Rindy both now dead. Marcus was about twenty- four years of age when he died and Rindy was thirty when she died. She married Hiram Begley and Marcus was never married. I had one brother named Wilson Eversole who was present when Begley and I were married to each other. I don’t exactly know where my brother is living; don’t remember but I believe the State of Ohio. Persons that knows I was married to John R. Begley are Pina Begley, Ferris Begley, John and Belle Langdon. Those were neighbors In the settlement where John R. Begley and I lived. We lived there 5 or 6 years and had two children there. I am ready to swear that I was legally married to John R. Begley in the same way that anyone else gets legally married. No sir, I did not know that Tommy Merrill or Murrill was an ordained preacher, only heard that he was. I don’t know of anyone that knows that Merrill was regular ordained preacher of the Gospel. His character was good when he came in that settlement but, later turned out bad and was turned out of the church and quit preaching. Soldier and I parted after the war had ceased and never went together anymore. Well the reason we quit? We couldn’t agree and he took up with another woman name Kate Sandlin and she lives in Lee County, Kentucky on Sturgeon Creek. Soldier took up with Sandlin woman right after we parted. We had not been apart one year when soldier took up with Sandlin woman. As near as I can get at it I lived with John R. Begley 6 years. Well the reason I said I was legally married to John R. Begley “I guess so” I was married to him and had my **** in my own hand and that preacher performed the ceremony for a fact. No sir, I did not live and cohabit with John R. Begley as his common law wife. I did not. The reason I did not apply for a pension as his widow? I had no one to “tend to it” for me; and cause my children are dead too. Well if there is no record of the marriage I can’t account for it. If there is any misfortune about it, I thought it was performed alright. I never got a divorce from soldier and he came to me with a petition for a divorce, but I didn’t sign it. He said they were getting after him for being with the other woman. The reason I wouldn’t sign his petition? I wanted to aggravate him and *** him through by the law. He was getting the divorce at Hazard, Kentucky that is where he went to get it. His petition was drawn up between soldier and Tom Merrill as they had it between them. Wiley ****, Middle Fork, Perry County, Kentucky read the petition and I didn’t like the wording and I didn’t sign it. No sir, I cannot recall what part of the petition I didn’t like. They wanted me to go to court and I wouldn’t go. By them I mean Murrell and Begley, they went to court. I don’t know anymore about it and I never saw them anymore. Why Murrell was so interested in soldier’s petition for a divorce from me I don’t know and never heard why. Yes sir, solemenly swear that I was lawfully married to John R. Begley and whether that preacher had the legal right to perform the marriage I never questioned it. No sir, I didn’t sign any sort of papers after the preacher had married the soldier John R. Begley and me. The only witnesses at the ceremony was my brother who lives somewhere in Ohio where I don’t know. Yes sir, myself and the soldier, my brother and the preacher Murrell were the only persons present at the ceremony. George Baley, John Huff, Isaac Langdon; these were neighbors to me at the time of the marriage and knew soldier and I were married to each other. Tom Merrell or Murrill had a church and was highly esteemed but being too fondly with other women was the cause of his being turned out of the church. Said preacher was living at Booneville, Owsley County, Kentucky last I heard and that has been twenty years ago when I left Kentucky and came to Arkansas with Rindy. I married James Kissinger in this county and we will be married two years soon. I don’t recall date. Americus Murry her John E. Pense Lucy X Kissinger DEPOSITION “A” Case of CATHERINE BEGLEY, No. 550.321 On this 9th day of November, 1904, at Gay’s Creek, County of Perry, State of Kentucky before me, O C Phillips, a special examiner of the Bureau of Pensions, personally appeared, JOHN S. LANGDON, 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: My post office address is Gay’s Creek, Perry County, Kentucky. I am a farmer and am 65 years of age. I am a nephew of John R. Begley now dead. I knew him all my life. He was married twice or three times. I do not know anything about his first marriage. He was living with Elizabeth Ward when I first remember him. He was divorced from her. I can remember the time he was said to have been married to Lucy Eversole. That must have been about 1852. They were married at her father’s house at the mouth of Tracy’s Branch, Perry County, Kentucky by Rev Tom Merrill a minister of the Baptist Church. I think Merrill was a regularly ordained minister. I was not present at their marriage, and I do not know of anyone who was. Someone started the report that they had not been legally married. I was at their house (Begley’s) one day when Woolery Eversole her uncle came to the house. I heard afterward that he came to investigate the report. Aunt Polly Begley, John R. Begley’s sister-in-law told me that and that he was satisfied that the marriage was legal. I don’t remember that I heard anymore of that talk. I don’t remember how long they lived together. They had two children and then separated. I understood that they were divorced. He came from town (Hazard) one day and told my mother that he would tell Lucy that he could marry again for he had a divorce. I have no other means of knowledge as to whether they were ever legally married or divorced. I just remember what was said about it at the time. I always supposed they were legally married after the talk in the church. I do not know of any one living who would know much about it. Polly Begley and Woolery Eversole are dead. Merrill had a church on the North Fork and one on the Middle Fork River. He married a number of people. I was present at my grandfather’s at two different times when he performed marriage ceremonies and he certainly had authority to perform the marriage ceremony. He afterwards had a bad reputation but it was good at that time and I never heard his standing as a minister questioned. He was turned out of the church but it was after the marriage. He has been dead for a good many years. I don’t know what Lucy as called. My impression is that she was called Mrs. Begley. I don’t think she was called Eversole after that. I have heard you and Swimpfield Begley’s statement. I believe that he is mistaken, but of course I can not state positively that the marriage was legal for I was not present. I do not know who procured the divorce. Jesse Combs was Clerk of the Circuit Court then but he is dead. Granville Pearl was Circuit Judge but he is dead. I don’t believe there is a lawyer living who practiced at the Perry County Bar then. I have no interest in this claim for pension. John S. Langdon DEPOSITION “B” Case of CATHERINE BEGLEY, No. 550.321 On this 9th day of November, 1904, at Confluence, County of Leslie, State of Kentucky before me, O C Phillips, a special examiner of the Bureau of Pensions, personally appeared, GEORGE BALEY, 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: My post office address is Confluence, Leslie County, Kentucky. I am a farmer and I am 72 years of age. I have lived here since 1847 and became acquainted with John R. Begley about the year 1847. He had been married once and he and his wife had separated. He and Lucy Eversole began living together about that time but I don’t think they were ever married. I don’t know whether they ever had any ceremony performed or not. The reason I think they were not married is that Sam Langdon now dead was indicted for adultery and he was mad because they did not indict Begley, so I always understood they were not married. I think she was called Mrs. Begley. I have no recollection of any mock ceremony and all I know about it is that it was the talk in the neighborhood that they were never married. I don’t remember anything about trouble in the church. I knew Tom Merrill. He was a regularly ordained preacher and performed a number of marriage ceremonies. I never heard anything at all of a divorce. They separated but I never heard of a divorce. I am not related to the claimant and have no interest in this claim. his John S. Melton George X Baley DEPOSITION “C” Case of CATHERINE BEGLEY, No. 550.321 On this 9th day of November, 1904, at Confluence, County of Leslie, State of Kentucky before me, O C Phillips, a special examiner of the Bureau of Pensions, personally appeared, JOHN C HUFF, 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: My post office address is Confluence, Leslie County, Kentucky. I am a farmer and I am 64 years of age. I knew John R. Begley from my early boyhood. I knew him from my earliest recollection until about 1855. He went to Owsley County about that time. He was married to Betsy Fields first. They were divorced. He then married Betsy Ward and she died. I was not present at her death or burial but I lived in the neighborhood at the time and heard of it. He then married Lucy Eversole. They were married about the year 1850. I can not tell what year but I would say about 1850. I lived about two miles from Begley when he was married. Her father Joe Eversole worked for my father at the time. I remember hearing of their marriage at the time but was not present and do not know of anyone who was. I cannot remember who married them. No, I do not know whether Rev Tom Merrill married them. He was then a Baptist Preacher and married a great many people in this country. He was then pastor of two churches and was considered a regularly ordained preacher in good standing. He had a good reputation then. He was afterwards turned out of the church but it was years afterwards. I never heard the marriage questioned at all. I never heard any report that they were not married at anytime. I do not remember of **** investigation while they lived together. I have heard the statement of John Langdon that Woolery Eversole investigated such a report but I never heard of that. She was known as Mrs. Begley while they lived together and they were certainly regarded as man and wife. I do not remember anything about a divorce. They separated about 1853 or 1854. I never heard anything of a divorce until since Catherine applied for a pension when I heard that a suit had been filed but I know nothing of that personally. I have no recollection of hearing of a divorce at or anytime after their separation until seven or eight years ago. Lucy never married while they lived here. She left here after the war. I can remember certainly whether she was called Eversole or Begley after their separation. Yes, she was sometimes called Lucy Eversole while she lived with Begley. I think I called her that myself but that was not because her marriage was ever questioned but we had all always known her as Lucy Eversole and just continued to call her Eversole. She was a good woman and I never heard her character and marriage questioned. I am not related to the claimant and have no interest in her claim. No, I never heard of a mock marriage ceremony between Begley and Lucy Eversole. I have heard the statement of Swimpfield Begley but I never heard of that in my life. I am quite certain there was no talk of a mock marriage while they lived together. I never heard of that until just now. John C. Huff DEPOSITION “D” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 6th day of Decemeber,1904, at Traveller’s Rest, County of Owsley, State of Kentucky, before me, O C Phillips, a special examiner of the Bureau of Pensions, personally appeared CATHERINE BEGLEY, 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: My post office address is Traveller’s Rest, Owsley County, Kentucky. I am the claimant. I have heard you read the testimony taken in this claim. I don’t know whether my husband and Lucy Eversole were legally married or not. I only knew my husband about ten years. We lived together about three years before we were married. When I became acquainted with him he was living in Owsley County. I knew of him living with Lucy Eversole and supposed that they had been married and divorced. I don’t remember that anyone ever told me that. I just took it for granted. My husband and I never discussed the subject. He never said that they were married or that they were not. When we first became acquainted he told me that he had left her but did not say a word about marriage or divorce. We never discussed the subject afterwards. I never heard anything about their not being legally married or there being a mock marriage until after his death. Granville Begley, now dead told me that he did not think they were legally married. He is now dead. I do not know of anyone now living except Swimpfield Begley who knows anything about that. I don’t know anything about them being divorced. He never told me anything about a divorce and don’t know of anyone by whom I could prove that they were divorced. I do not desire to have any more witnesses examined. I don’t know of anyone else that would know anything about it. her **** Mays Catherine X Begley DEPOSITION “A” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 20th day of April,1906, at Traveller’s Rest, County of Owsley, State of Kentucky, before me, A. B. Tarwater, a special examiner of the Bureau of Pensions, personally appeared CATHERINE BEGLEY, 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: I am 67 years of age; my post office address is Traveller’s Rest, Owsley County, Kentucky. I am the claimant in this case. I lived with the soldier for several years before we were married. I can’t remember just when I commence to live with him, but it was before he went into the army. The soldier and I were indicted here in Owsley County just after the war for living in adultery. That was the only time we were indicted. We were never tried on the charge. No, sir, we never appeared in court on that charge. We got married shortly after we were indicted and the case was thrown out of court. Q. Why didn’t you and the soldier get married until after you were indicted? A. He thought he was married to Lucy Eversole. Q. How do you know he thought that? A. He told me so. He always said that as soon as he saw around and got a divorce from Lucy Eversole, that he would marry me. Yes, sir, the soldier and Lucy Eversole sued for a divorce. He brought the suit in Perry County at Hazard. I do not remember who his attorney was. Q. What was done with the divorce suit? A. I don’t think there was ever anything done with it. I think it was thrown out of court. Q. Why was it thrown out of court? A. I do not know. I never heard why it was thrown out. Q. Do you know as a fact that it was thrown out of court, and if so, how do you know it? A. I only know it by hearsay. The soldier told me the case was thrown out. He never got a decree of divorce from his former wife Lucy that I know of. He sued for a divorce before he saw old Tommy Murrell, who is said to have married the soldier and Lucy Eversole, and when Murrelll heard the soldier had sued for a divorce, he told him to come to him and he would see about it. Murrell said that soldier and Lucy Eversole were never legally married. The soldier went to Murrell and the case was thrown out of court. That is all I know about it. I do not know why Murrell said that soldier and Lucy Eversole were not legally married. The soldier never talked to me but very little about the matter. I do not know what kind of suit the soldier brought against Lucy, his former wife, but I always understood it was a divorce suit. I think he sued her for a divorce before we were indicted, but I am not certain. I can’t say why I stated to special examiner O.C. Phillips that the soldier never told me anything about a divorce. I am so old and forgetful and have seen so much trouble. I am not always at myself. Yes, sir, I am positive the soldier told me about suing his former wife Lucy for a divorce. I have heard read all the evidence procured during this further examination of my claim for pension. I do not desire to introduce any further testimony before you, and have no other witnesses whose testimony I wish to have taken. I have no complaint to make as to the conduct, manner, or fairness of the examination of my claim. No, sir, I was never with the soldier at anytime when he went to see about a divorce from his former wife Lucy. My knowledge of the legal proceedings between the soldier and his former wife Lucy, is only hearsay. her Elijah Mays Catherine X Begley Harvey Marcum DEPOSITION “B” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 20th day of April,1906, at Bowling, County of Perry, State of Kentucky, before me, A. B. Tarwater, a special examiner of the Bureau of Pensions, personally appeared HENDERSON EVERSOLE, 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: I am 67 years old. Occupation farmer. My P.O. address is Bowling, Perry County, Kentucky I knew John R. Begley from my earliest recollection to the date of his death. I had a sister named Lucy Eversole, and she married John R. Begley. They were married when I was a small child. I think I was 10 to 12 years old. I was not present when they were married, but I was at John R. Begley’s house when he left and went to my father’s house to marry my sister Lucy. As I always understood it they were married at my father’s house, and Tom Murrell, a Baptist Preacher performed the ceremony. I recollect of seeing preacher Murrell going up the road toward my father’s house and of seeing him come back the day Begley and my sister, were said to have got married. My sister came back with him, and lived with Begley after that as his wife for several years. She went by the name of Lucy Begley after she was said to have married Begley. She had two children by him, and they went by the name of Begley. My father was living at that time. I had no sister living at the house at that time except Lucy. My mother was dead. There was just myself, my sister Lucy, my father and my brother Elihu living at my father’s house when, Lucy married John R. Begley. I do not know where my brother Elihu is, or whether he is living now or not. If he could be found I rather think he saw Lucy and Begley married, for my recollection is he was at my father’s house. I don’t know whether they got a license or not, and don’t remember to have ever seen their marriage certificate. I don’t remember to have ever heard Begley say anything about his marriage to my sister Lucy. They never lived together before the day when I understood they got married. There is no doubt in my mind that they were legally married. They lived together for five or six years or about that long. John R. Begley had some children by a woman named Betsy Ward, and one of those children got burned to death after Begley married my sister. He blamed my sister for the child’s death and separated from her on that account and said he would never live with her anymore. The child was around the fire and its clothes caught fire someway. Betsy Ward died before Begley married my sister. After Begley left my sister Lucy, he took up with Kate Sandlin, and lived with her in Perry County a while and then moved to Owsley County. He lived with her until he died. After he went to Owsley County I was informed that he was indicted in that County for living in adultery, and I have always understood that when he was indicted he came back to Perry County and sued my sister Lucy for a divorce. Lucy was living in this County then. I was only informed that he brought a suit for divorce from my sister Lucy. I know nothing about it of my own knowledge. I have always understood that he never got a divorce from Lucy. At least that has always been the talk. I don’t know whether Lucy employed a lawyer or not. Don’t know who his lawyer was. In fact I do not know that there was a divorce suit between them, but that has always been the talk. I can’t state who I heard talk about the divorce suit. There was never any other law- suit between them of any kind that I ever heard of. I have no interest whatever in this claim. Henderson Eversole DEPOSITION “C” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 20th day of April,1906, at Gay’s Creek, County of Perry, State of Kentucky, before me, A. B. Tarwater, a special examiner of the Bureau of Pensions, personally appeared SARAH BEGLEY, 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: I am 72 years old. My P.O. address is Gay’s Creek, Perry County, Kentucky. My huband’s name was Jesse Begley. He was a cousin of John R. Begley. I knew John R. Begley from my earliest recollection up until he moved to Owsley County, Kentucky. He was first married to Betsy Eversole. He married her about 60 years ago or longer. He lived with her several years. I can’t say just how long, but I guess it was about seven years. They parted and I suppose they were divorced. After they parted Betsy married Jerry Fields. After John R. Begley and Betsy parted, he went to living with a woman named Betsy Ward. It was always my understanding that they were never married. It was the general neighborhood talk that they were never married, but that they just went to living together. He lived with her until she died. I did not see her when she died; did not attend her funeral, and did not see her dead body, but there is no doubt that she is dead and that she died while she lived with John R. Begley. After she died, he married Lucy Eversole. I was not present at their marriage, but I always understood they were legally married and I believe they were, for she was a nice woman and I don’t believe she would have lived with a man without being married to him. Thomas Murrell was my father. He was at one time a regularly ordained minister in the Christian Church. He was a regularly ordained minister at the time John R. Begley and Lucy Eversole were married. I can’t recollect whether my father performed the ceremony when they were married or not. If I ever heard my father say he performed the ceremony, I have forgotten it. John R. Begley and his wife, Lucy parted and it appears to me it was before the war, but I can’t be positive that it was before the war. It was said that they parted because Lucy left one of John R. Begley’s children by Betsy Ward near a pot when she was washing and the child’s clothes caught fire and the child got burned to death. I do not know whether John R. begley and Lucy were divorced or not. No, I never heard that they were divorced. No, I don’t know that I ever heard that they were not divorced. I don’t believe they were ever divorced, and it is the general talk in the neighborhood that they were never divorced. After he and Lucy parted John R. Begley took Kate Sandlin and went to Owsley County, Kentucky. Kate Sandlin was never married before she went away with John R. Begley that I know of. I have no interest in this case. her H.M. Begley Sarah X Begley DEPOSITION “D” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 20th day of April,1906, at Gay’s Creek, County of Perry, State of Kentucky, before me, A. B. Tarwater, a special examiner of the Bureau of Pensions, personally appeared EDWARD GAY, 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: I am 67 years old. My P.O. address is Gay’s Creek, Perry County, Kentucky. Occupation farmer. I was well acquainted with a man by the name of John R. Begley who formerly lived in this county. I knew him during his life- time from earliest recollection. I can’t remember his first marriage or his first wife or how his first marriage was dissolved. To the best of my recollection her name was Betsy Fields before she married John R. Begley. Q. Didn’t she marry a man by the name of Fields after she lived with John R. Begley, and wasn’t she named Eversole before she married Begley? A. I do not remember. I can remember when he lived with a woman named Betty Ward. I was at his house when he lived with her. It was always the talk of the county that they lived together without being married. She died while she lived with him. After Betty Ward died, he went to living with a woman named Lucy Eversole. I do not know whether they were married or not. I do not remember whether she went by his name or not. She had some children by him, but I don’t remember whether they went by his name or not. There was always a difference of opinion among the neighbors as to whether Begley and Lucy Eversole were married. Some said they were and some said they were not. Isaac Langdon was Begley’s brother-in-Law and had said the Begley should never live in the neighborhood with a woman unless he was married; and Langdon always said they were married. Isaac Langdon is dead. John R. Begley told me that he never married Lucy Eversole. He and Lucy parted. I do not know why they parted. He told me they were not married before they parted. He first told me they were not married along about a year before they parted. I do remember how he came to tell me that. We were just talking about his women and he said he was not married to her, and was not going to live with her. There was no one else present when he told me that except Henry Gay, but he is dead. I was at his house when he told me that. I never heard that Begley was divorced from Lucy; and never heard of a divorce suit or any other kind of legal proceedings between them. I have heard your statement about a suit at Hazard, this County, between John R. Begley and Lucy Begley, but I never heard of it before, and do not know the nature of the suit. After he and Lucy parted he went to living with Catherine Sandlin, and he told m later that he had married her. I think he lived with her sometime before he married her. I am not related to claimant and have no interest in her claim. Edward Gay DEPOSITION “E” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 20th day of April,1906, at Buckhorn, County of Perry, State of Kentucky, before me, A. B. Tarwater, a special examiner of the Bureau of Pensions, personally appeared ABEL JOHNSON, 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: I am 73 years old. My P.O. address is Buckhorn, Perry County, Kentucky. Occupation farmer. I knew John R. Begley from my earliest recollection up to the time of his death. I was well acquainted with a woman by the name of Lucy Eversole. John R. Begley and Lucy Eversole lived together as man and wife for several years, but I cannot remember how long. I can’t say whether they were married or not. It was the general neighborhood talk that they were legally married. I never knew who was said to have performed the ceremony. She went by his name after she commenced to live with him. I think she had some children by him, and they went by his name. He was at one time living with a woman by the name of Betty Ward, but it was said he was never married to her. It was always my understanding that Begley was legally married to Lucy Eversole. John R. Begley and Lucy Eversole parted. I do not know why they parted. I don’t know whether they were ever divorced or not, and never heard that there was ever a divorce suit between them. There was never any kind of a law- suit between them that I know of. I have heard John R. Begley during his life- time say that he was married to Lucy Eversole. After he and Lucy parted he went to living with Kate Sandlin, and it was said that he married her. I made an affidavit in this pension claim before John B. Johnson. I was sworn to the contents of the statement made by me. I do not remember who signed as witness to my mark. Q. Why did you state in the affidavit that John R. Begley and Lucy Eversole were never legally married? A. Some people said they were not legally married, and some said they were, but by my own knowledge I do not know whether they were legally married or not. I am not related to claimant and have no interest in this claim. No, I never heard John R. Begley say he and Lucy Eversole were not married, but I have heard him say they were legally married. his Sallie McIntosh Abel X Johnson DEPOSITION “F” Case of Case of Catherine Begley, widow of John R. Begley, No. 550.321 On this 24th day of April,1906, at Delvinta, County of Lee, State of Kentucky, before me, A. B. Tarwater, a special examiner of the Bureau of Pensions, personally appeared JOHN HAMILTON, 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: I am 61 years old. My P.O. address is Delvinta, Lee County, Kentucky. My occupation farmer. I was acquainted with John R. Begley during his life- time. I am also acquainted with his widow Catherine Begley. I never knew them until they came to Owsley County, Kentucky, which was before the war. They were living together as man and wife when the came to Owsley County, Kentucky. Just a short time after the war, I can’t say just when I was called before the grand jury in Booneville, Owsley County and was asked whether I knew of any persons living in adultery? I replied that I did not know that I did. I was then asked if I ever saw John R. Begley and Catherine Sandlin, or it may have been they said Kate Begley in bed together? I replied that I had. I do not know that I was asked anymore questions about the Begley case. A true bill was found by the grand jury. I do not know what was done with the indictment. I think I was summoned to appear at the trial, but I did not go. They were married before the next term of court. I saw them married. Just before they were married Begley came to me and asked me not to appear in court and said he was going to marry Catherine or Kate. I knew at the time they were married that Begley was said to have a former wife living but whether he was divorced from her I did not know. When he was talking to me about marrying the woman he was then living with, he did not say anything about being divorced from his former wife or of getting a divorce form her. I do not know whether Begley ever sued his former wife for a divorce or whether she ever sued him. I do not know whether the indictment against Begley was dismissed or not. At the time Begley was indicted I did not know of my own knowledge that he had a former wife living. I am not related to claimant and have no interest in this claim for pension. John Hamilton DEPARTMENT OF THE INTERIOR Washington, D.C. February 12, 1906 Claim No. 550.327. } Docket No. 101, 190 Catherine Begley, } Alleged widow of } Appeal John R. Begley, } Returned for further Co., 47th Ky. Inf. } action and report ……………………………… CLAIM FOR WIDOW’S PENSION UNDER THE GENERAL LAW …………………………….. The evidence relating to a prior marriage of the soldier To one Lucy Eversole is regarded as incomplete and Unsatisfactory. For this reason a further special Examination is deemed necessary. The Commissioner of Penions, Sir: Catherine Begley filed, May 20, 1892, a claim for pension under the general law as the widow of John R. Begley, who was private in Company G, 47th Kentucky Volunteer Infantry. Her claim was rejected February 25, 1905, on the ground that claimant is not the soldier’s widow, he (soldier) having been previously married to one Lucy Eversole, who survived, and from whom he was not divorced. From the action an appeal was taken April 7, 1905, the contention being that the evidence is sufficient to show that Lucy Eversole and the soldier were not legally married. The rejection of this claim was evidently based on an opinion by the Chief of the Law Division, which reads as follows: Respectfully returned to Chief of the Board of Review with opinion as follows: The evidence shows that the claimant and soldier were married by ceremony in the State of Kentucky, May 22, 1867, and that they lived together as man and wife, ten children having been the accredited issue of their union, to date of soldier’s death in that state February 23, 1892. Claimant was capacitated to marry the soldier. Soldier, it appears was twice previously married. His first wife, one Elizabeth Eversole, was divorced from him upon her own application September 29, 1846. Soldier’s second alleged marriage was to a first cousin of the first wife, one Lucy Eversole. The testimony as to whether or not soldier was as a fact married to Lucy Eversole is rather conflicting. She positively swears, however, that she was married to him, and it is shown that soldier in May, 1867, filed a petition for divorce against said Lucy in the Circuit Court of Perry County, Kentucky, which was subsequently stricken from the docket of said court at the May term, 1866. Lucy has survived the soldier and is now living at Winfrey, Arkansas, as the wife of one Kissinger whom she married after her separation from the soldier. No evidence other than the one herein referred to appears to have been applied for or obtained by soldier or Lucy. After careful consideration of all the facts disclosed by the evidence, I am persuaded that they are sufficient to raise legal presumption that soldier and Lucy were married by a ceremony, therefore, as said marriage was in full effect at the time of soldier’s inter-marriage with this claimant and so continued until it was dissolved by his death, and as said Lucy has survived the soldier, this claimant cannot be considered as having status as his widow. The Department has no criticism to offer of the foregoing excepting in one particular; that is, the statement (quoting from opinion) It is shown that soldier in May, 1867, filed a petition for divorce against said Lucy in Circuit Court of Perry County, Kentucky, which was subsequently stricken from the docket of said court at the May term, 1868. The evidence upon this point appears incomplete and not the best obtainable. If the soldier did commence proceedings for a divorce from Lucy, it is a fair presumption that he either had been or regarded himself as legally married to her, but the evidence to show that he did actually commence divorce proceedings is very meager. The only certified copy of the court records for Perry County, Kentucky, offered in evidence, appears as follows: Perry County Circuit Court, May Term, 3d day, May, 1867. John R. Begley, plaintiff in equity, vs. Lucy Begley, defendant Submitted: May Term, 1868, 2d day. John R. Begley, plaintiff in equity, vs. Lucy Begley, defendant Stricken from docket. On January 20, 1905, the Clerk of said court certified that the foregoing is a true copy of a record in his office. Nothing appears in the case to show that there is, or is not, any further record of said court proceedings and there is nothing with the claim, aside from a statement made by a special examiner that said proceedings related to divorce. The special examiner, in speaking of said record, made the following statement: I caused a search to be made for the petition of divorce filed by the soldier, believing that a copy of the petition might throw some light on the marriage, as the records of Perry County show that the bill for divorce was stricken from the docket at the May Term, 1868, which is after soldier’s marriage to claimant, and that would appear to be conclusive as to the question of divorce. There is no record of the marriage in Perry County, but the marriage records of that county are incomplete, having been partially destroyed by fire. So far as the testimony represented by the certified copy of the record and the special examiner’s report is concerned, the proceedings instituted by the soldier may or may not have been for divorce. It may have been a suit for nullity. The proceedings were instituted, according to this record, May 3, 1867. May 2, 1868, the record shows the word “Submitted” and the words “Stricken from the Docket.” In general acceptation the word in this place “submitted” would mean that’s proofs had been taken and the matter submitted for the decision of the court. If so, there is no explanation for the case having been stricken from the docket, and one is left entirely to the field of conjecture or fancy for an interpretation of the record. While this record appears to have impressed the special examiner as evidence of the commencement of divorce proceedings, and a subsequent abandonment of the same, it may as well be conjectured that he entered suit for nullity of marriage and, upon some proof being taken, the court determined that such proceedings were absolutely groundless. He may have regarded it as a void and not a voidable marriage. Neither the clerk of the court nor the special examiner stated whether there was any other record pertaining to the case. In view of the importance attached to this testimony, it is thought that the claim should be returned to a special examiner with instructions to ascertain whether there is, or is not, anything further of record in the clerk’s office to throw light on the nature of the proceedings instituted by soldier. It appears that this claimant lived with the soldier from 1867, to the time of his death in 1892, and that several children were born to them. They lived together as husband and wife and it appears, so far as this claimant is concerned, she regarded herself as legally married to the soldier. She is reported as a woman of good general reputation and her marriage to the soldier should not be held void except on the very best evidence obtainable, warranting such action. The witnesses interviewed by various special examiners were about equally divided in opinion as to whether the soldier was, or was not, married to Lucy Eversole; hence the importance of record testimony. When the action indicated herein shall have been taken, a further report should be furnished the Department. In the meantime the appeal will be held in abeyance. Herewith are returned the papers Very Respectfully, Jesse Wilson Assistant Secretary PERRY CIRCUIT COURT CLERK’S OFFICE PERRY CIRCUIT COURT May Term, 3rd day May, 1867 John R. Begley, Plff. Vs. in equity Lucy Begley, Deft. Submitted. May Term, 1868, 2nd day John R. Begely, Plff. Vs. in equity Lucy Begley, Deft. Stricken from the docket. I hereby certify that I have made a careful and exhaustive search and that the above is a full and correct copy of the records in the foregoing case. I have been unable to find any further record in the case. The original papers in the case are not on file in my office. I would state by way of explanation, that the records of the office were partially destroyed by fire several years ago. In explanation of the record in the above noted case, from my knowledge of the practice in this Court, I will say that that the word “submitted” would indicate that the case was submitted to the Judge for his opinion and judgment, and the order “stricken from the docket” without a judgment having been rendered and recorded indicted that the case was compromised or that the Plaintiff failed to pay the costs in the case and his attorneys entered an order to strike from the docket. I also certify that there is no record in this Court of any other legal proceedings between John R. Begley and Lucy Begley. Given under my hand this 19th day of April, 1906 Lee Daniel Clerk, Perry Circuit Court Owsley Circuit Court THE COMMONWEALTH OF KENTUCKY, PLAINTIFF/ Against / Indictment for, John Begley & Catherine Sandlin, Defendants,/ The Grand Jury of Owsley County in the name and by the authority of the Commonwealth of Kentucky, accuse John Begley & Catherine Sandlin of the Offese of living in adultery. Committed as follows Viz: The said John Begley a free married white man and Catherine a free white unmarried woman in the county circuit and State aforesaid, on the 31st day of May, 1866 did have unlawful sexual intercourse with each other contrary to the statute in such case made and provided, and against the peace and dignity of the Commonwealth of Kentucky. H.F. Finley Commonwealth’s Attorney for the 12th Judicial District Witnesses for Commonwealth: John Hamilton October Term 1866, 2nd day Commonwealth, Plaintiff, Against John Begley &c defendants, This day came the attorney for the Commonwealth and also the Defts., who plead not guilty and on there motion ordered that this cause be continued. May Term, 1867, 2nd day. May 28, 1867 Commonwealth Vs. John Begley &c This day came the parties and on motion ordered that this indictment be dismissed at defendants cost, it is therefore adjudged by this court that the plaintiff recover of the defendants his cost herein expended. State of Kentucky/ Sct. County of Owsley I, Isaac Wilder, Clerk of the Owsley Circuit Court do certify that the foregoing, together with the copy of the indictment hereto attached is a full and complete record in the case of the Commonwealth against John Begley & others, as appears of record in my office, I further certify that there is nothing of record to show the nature of motion on which the indictment was dismissed. Given under my hand and seal this 24th day of April 1906 Isaac Wilder Clerk, Owsley Circuit Court Exhibit “B” DEPARTMENT OF THE INTERIOR Washington June 30, 1906 Claim No. 550, 327 ) Docket No. 101,190 Catherine Begley ) Appeal Alleged widow of ) Affirmed John R. Begley, ) Co. G, 47 Kentucky Infantry ) ………………………………….. CLAIM FOR WIDOW’S PENSION UNDER THE GENERAL LAW …………………………………. Claimant and soldier were married by ceremony in the State of Kentucky May 22, 1867 The evidence shows that at the time of said marriage the soldier had a wife from whom he was not divorced, and who survived him and still lives in said state. It follows that claimant is not his widow and not entitled to pension as such. The Commissioner of Pensions, Sir, Catherine Begley, filed May 20, 1892, a claim for pension under the general law as the widow of John R. Begley, who was a private in Company G, 47th Kentucky Volunteer Infantry. Her claim was rejected February 25, 1906, on the ground that she was not the soldier’s widow, he having been previously married to one Lucy Eversole, who survived and from whom he was not divorced. An appeal was taken April 7, 1905, the contention being that there is sufficient evidence to show that the prior marriage to Lucy Eversole was void, and the soldier therefore, capacitated to marry the claimant. The case was considered on appeal by the Department, February 12, 1906, and returned to the Bureau for further action and report, the evidence as to the validity of the prior marriage being considered incomplete and unsatisfactory. The claim was further specially examined, as directed, and again considered by the Bureau and returned to the Department under date of May 5, 1906, with the report that the former action was adhered to, and the case is again before the Department for final disposition of the appeal. The rejection of this claim by the Bureau, it appears, was originally based on the opinion by the Chief of the Law Division under date of February 17, 1905, and as said opinion gives a brief history of the case, it is quoted in full: Respectfully returned to Chief of the Board of Review with opinion as follows: The evidence shows that claimant and soldier were married by ceremony in the State of Kentucky May 22, 1867, and that they lived together as man and wife, ten children having been the accredited issue of their union, to date of soldier’s death in that state February 23, 1892. Claimant was capacitated to marry the soldier. Soldier, it appears was twice previously married. His first wife, one Elizabeth Eversole, was divorced from him upon her own application September 29, 1846. Soldier’s second alleged marriage was to a first cousin of the first wife, one Lucy Eversole. The testimony as to whether or not soldier was as a fact married to Lucy Eversole is rather conflicting. She positively swears, however, that she was married to him, and it is shown that soldier in May, 1867, filed petition for divorce against said Lucy in the Circuit Court of Perry County, Kentucky, which was subsequently stricken from the docket of said court at the May Term, 1868. Lucy has survived the soldier and is now living at Winfrey, Arkansas, as the wife of one Kissinger whom she married after her separation from the soldier. No divorce other than the one herein referred to appears to have been applied for or obtained by soldier or Lucy. After careful consideration of all the facts disclosed by the evidence, I am persuaded that they are sufficiently to raise legal presumption that soldier and Lucy were married by a ceremony, therefore, as said marriage was in full effect at the time of soldier’s inter-marriage with this claimant and so continued until it was dissolved by his death, and as said Lucy has survived the soldier, this claimant can not be considered s having status as his widow. It was thought by the Department that the statement in the above quoted opinion “that soldier in May Term 1867, filed a petition for divorce against the said Lucy, which was subsequently stricken from the docket a the May Term, 1868,” was hardly warranted; that is the evidence upon this point appeared to be incomplete, the only record evidence to that effect is represented by the certified copy of the court records for Perry County, Kentucky, which appears as follows: Perry County Circuit Court, May Term, 3rd day, May, 1867. John R. Begley, plaintiff in equity, vs. Lucy Begley. Defendant Submitted May Term, 1868, 2nd day John R. Begley, plaintiff in equity, vs. Lucy Begley, defendant Stricken from the docket. There is nothing in the court record to show whether the proceedings instituted were for divorce or nullity, and it was thought that further special examination might throw some light upon this subject, but no better testimony has been obtained through such special examination. As stated by the chief of the Law Division, in his opinion, the testimony as to whether or not soldier was legally married to Lucy Eversole is rather conflicting; but the testimony, taken as a whole appears to warrant the conclusion that soldier was legally married to Lucy Eversole, and was not divorced from her. It is contended on the part of appellant’s attorney’s that the marriage of soldier to Lucy was void for the reason that it was performed by one Tom Merrill, who was a man of very questionable character, and had no license or authority to perform a marriage ceremony. It is true that no record of this marriage was found in Perry County, Kentucky, but the records of that County are incomplete, having been partially destroyed by fire. The marriage ceremony to Lucy was performed about the year 1850 (exact date not shown). None could be found who was present at the marriage except Lucy, who has since remarried and is now living. She was interviewed and maintained positively that she and the soldier were legally married by a duly authorized minister of the Gospel, and that she lived with him about six years and two children were born to them. She stated that she was not divorced from the soldier, though he came to her with a “petition for a divorce” and asked her to sign some paper concerning it, which she refused to do. She said that the soldier told her he was getting a divorce, though she had no knowledge whether he got it or not. Nothing further material to the issue is shown by her testimony. The claimant stated in her deposition that she lived with the soldier several years before they were married. The record shows they were married May 22, 1867. Claimant also stated that they were not married until after they had been indicted by the grand jury for living in “ Adulterous Cohabitation,” but the case was never tried. It was evidently nolle prossed fro the reason that the parties consented to marry. She was asked why they did not marry before they were indicted. She replied that the soldier thought he was married to Lucy Eversole. He told me so. He always said as soon as he got a divorce fro Lucy, he would marry me. Yes, sir, the soldier sued Lucy Eversole for a divorce. He brought suit in Perry County, but I do not know what was done with the divorce suit. Do not think there was ever anything done with it. I think it was thrown out of court. I never heard why it was. I only know the soldier told me the case was thrown out. He never got a divorce from Lucy that I know of. The claimant further states to the special examiner that Tom Merrill told the soldier her was not legally married to Lucy. That was all she apparently knew about it. Considerable testimony has been taken by special examination in this claim. Several witnesses were found who lived in the neighborhood at or about the time the soldier and Lucy were said to have been married. There is no doubt but, a formal marriage ceremony was performed by Tom Merrill. The testimony of these witnesses as to the validity of such marriage is not of much importance. It appears to be entirely based on hearsay, rumor or idle gossip. Some thought it was a “sham, or mock marriage,” while others expressed themselves as never having heard the validity of this marriage questioned. The conduct of the parties to this marriage and the testimony of this claimant and some others all indicate that it was a valid marriage. This Claimant admits that she lived with the soldier for several years as his wife without being married to him, and had they not been indicted by a grand jury for adulterous cohabitation, they, perhaps, might never have been married. Claimant stated that they were not married before because her husband said he was married to Lucy Eversole. It is a significant fact that the records of Perry County show that some sort of proceeding, probably for divorce, was instituted about the time the indictment was preferred, and in the same month claimant and the soldier were married. This marriage ceremony evidently relieved them from criminal prosecution. They were indicted in Owsley County, while it appears their former home was Perry County. Lucy Eversole stoutly maintained that she was legally married to the soldier and not divorced, though it appears it would have been more to her interest to have denied the legality of this marriage, as she is now living with another man under the guise of marriage. Henderson Eversole, whose general reputation good, is a brother of Lucy and remembered his sister’s marriage to the soldier. He did not doubt its validity, and had not heard it questioned. He stated in his deposition that after the soldier and this claimant moved to Owsley County, they were indicted for living together without being married. Immediately after this indictment, the soldier came back to Perry County and commenced divorce proceedings against Lucy, but for some reason unknown to him the suit was never completed. John Hamilton testified on special examination that he was haled before the grand jury in Owsley County as a witness against the soldier and claimant on the charge of adulterous cohabitation. It was his understanding that the soldier had a wife living in Perry County at the time the indictment was preferred. It is argued on the part of claimant’s attorneys, that the claimant had lived with soldier a great many years and has been a faithful wife, and to hold her marriage to him void would not only be a great hardship but a great injustice. It is further urged that the circumstances of the case are sufficient to presume that a divorce was obtained from Lucy. The department recognizes that courts are inclined to uphold a marriage entered into in good faith by the parties. In many instances similar to this case, courts go so far as to presume a divorce on very slight testimony, but this always when the marriage in question was entered into in good faith. The marriage between soldier and claimant, it clearly appears, was not entered into in good faith. They lived for many years without any pretence of being married. Their relations are illicit from the start, and it appears that the marriage ceremony entered into was for the purpose of escaping criminal prosecution. There can hardly be any doubt that soldier’s marriage to Lucy was valid. He applied for a divorce. He certainly would not have done so had he not been married to her and considered himself legally married. In his petition for divorce he must have sworn that he was legally married to the defendant, Lucy, on a certain occasion. In the opinion of the Department, the testimony is sufficient to warrant the conclusion that the claimant is not the widow of the soldier. She, therefore, has no title to pension as such. The action appealed from is affirmed, and the papers are returned herewith. Very Respectfully, Jesse E. Wilson Assistant Secretary