Fort Gibson, Indian Territory,
January 9, 1871.
Sir: Herewith please find claim for pension, application No. 138478, of Katy Timberleg, widow of Charles Timberleg, formerly private of Company F, Third Indian. Home Guards, comprising the papers therein filed by John W. Wright, and the new declaration and additional evidence taken by us, with a duplicate copy of deposition made by said claimant, (prior to “declaration,”) which shows the manner in which her claim was prepared by the agents here of John W. Wright.
Said deposition is intended for the Second Auditor’s information in investigating the bounty and back pay claims of said Katy Timberleg; and we have to request that it may be forwarded to him after you have considered it. The duplicate of said deposition, with the original abstract in the case, will be retained by us, (in lieu of the papers of the case sent herewith,) to enable us intelligently to take any further action that may be necessary in the case, and to accompany our general report of official operations here.
We propose to adopt this method of forwarding claims, both “pending” and “admitted,” with such additions as the latter may require, leaving the briefs to be made out at the Pension-Office, as there may sometimes be no additional evidence required, (when we cannot decide,) and we request early information as to the acceptability of said method, and also as early action as is practicable upon the cases forwarded, that we may complete as many of them as possible during the time specified for our stay here.
We expect a rush upon us this week, and shall forward several claims in each batch, prepared in the same manner as is the one to which reference is made above, unless we receive notification of disapproval.
Herewith please also find claim of guardian of minors of Patrick Casey, (entirely
new claim,) white, the evidence of remarriage and birth of one child in which will be forwarded (when obtained) by guardian direct to you.
We have received but one letter (relative to Clapperton’s account) from you, which was answered by Mr. Webster.
Respectfully, yours,
F. E. FOSTER,
GEO. E. WEBSTER,
Special Agents United States Pension-Office.
Hon. H. VAN AERNAM, Commissioner of Pensions.
Widow’s claim for pension.
Cherokee Nation, 88:
On this twentieth day of September,1866, personally appeared before me, a district judge in and for the Cherokee Nation, Kate Limberleg, a resident of the Cherokee Nation, aged forty-five years, who, being duly sworn, makes the following declaration, in order to obtain the pension provided by the act of Congress approved July 14. 1862, and of the acts amendatory thereof: That she is the widow of Charles Limberleg, who was a private in Company F, commanded by Captain Downing, in the Third regiment of Indian Home Guards, in the war of 1861; that her maiden name was Kate Strong, and that she was married to said Charles Limberleg, deceased, on or about the twentieth day of May, eighteen hundred and forty-two, at , in the Cherokee Nation, by custom of Cherokees, and that she knows of no record evidence of said marriage. She further declares that said Charles Limberleg, her husband, died in the service of the United States as aforesaid at Fort Gibson, in the Cherokee Nation, on or about the eighteenth day of June, eighteen hundred and sixty-three. Said soldier died of rheumatism. She also declares that she has remained a widow ever since the death of said Charles Limberleg, and that she has not in any manner been engaged in, or aided or abetted the rebellion in the United States; and she hereby appoints John W. Wright, of Washington City, D. C., her lawful attorney, with full power of substitution, and authorizes him to present and prosecute this claim, and to receive and receipt for any orders or certificates that may be issued or paid in satisfaction thereof.
Her XX mark Kate Limberleg
Witness:
J. B. Wright.
J. 0. Bird.
Also personally appeared before me Soldier Holt and Ned Grace, residents of Cherokee Nation, to me well known as credible persons, who, being duly sworn, declare that they were present and saw said Kate Limberleg sign her name to the foregoing declaration, and that they have every reason to believe, from the appearance of said applicant, and their acquaintance with her, that she is the identical person she represents herself to be, and know that said deceased recognized her as his lawful wife, and that she was so recognized by the community in which they resided, and that they have no interest, direct or indirect, in the prosecution of this claim.
His XX mark Soldier Holt
Her XX mark Kate Limberleg
Witness:
J. B. Wright.
J. 0. Bird.
Sworn to and subscribed before me this twentieth day of September, eighteen hundred and sixty-six; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim, and I read and explained the above to applicant and witnesses.
D. R. HICKS,
District Judge.
All that was written on original is herein underscored.
Indian Territory, Cherokee Nation, 88.
On this 7th day of January, A. D. 1871, personally appeared before me George E. Webster, United States pension-agent at Fort Gibson, Cherokee Nation, Kate Timberleg, aged about forty-eight 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 Charles Timberleg, who enlisted under the name of Charles Timberleg at Carthage, Missouri, during the summer of 1862, (though the month she is unable to state,) in Company F of the Third Regiment of Indian Home Guards, in the war of 1861, and died (as she was informed by the surgeon present) of pneumonia, at Fort Gibson, in the summer of 1863; that her said husband, at the time of his death, bore the rank of private in Company F, in the Third Regiment of Indian Home Guards as aforesaid; that she was married under the name of Kate (being a slave she had no other name) to the said Charles Timberleg some time prior to her immigration to this country in 1838 by a white man known as John Bruce, (who was generally supposed to have authority to perform the ceremony,) in Tennessee, there being no legal barrier to such marriage; that neither he nor she had been previously married; that she has, to the present time, remained his widow; that the following are the names and dates of birth of all the legitimate children of her said husband, under sixteen years of age at the time of his death, and who are yet living: Charles Clay Timberleg, born after March 4, 1855. Elnora Timberleg, born after September 4, 1857. Henry Timberleg, born after January 4, 1860.
She further deposes that the above dates are given only as approximating those on which the births actually took place, but that she is sure they are in each instance given as early as the actual dates, to her unknown. She further deposes and says that all of said children were the children of the soldier by herself; that she has not abandoned the support of any of said soldier’s children, but that they are still under her care and maintenance; that she has not in any manner been engaged in, or aided or abetted the rebellion in the United States; that she filed one previous application, through John W. Wright, her attorney, in which, as she is informed, there were false allegations made, though without her knowledge or privity, the number of such claim being 138478; that her residence is in the Illinois district of the Cherokee Nation, and that she wishes her pension certificate, when issued, sent to the United States pension agent at Fort Gibson, Indian Territory.
Her XX mark KATE TIMBERLEG.
Attest: F. E. FOSTER,
Special Agent Pension-Office.
Also personally appeared Judy Pack and Ellen Davis, residing in the Illinois district of the Cherokee Nation, persons who appear to be respectable and entitled to credit, and who, being by me duly sworn, depose and say that they were present and saw Kate Timberleg, the claimant, make her mark to the foregoing declaration; that they believe, from their long acquaintance with her, that she is the identical person she represents herself to be; that to their knowledge she lived with Charles Timberleg, now deceased, as his wife prior to his enlistment into the service of the United States, and was acknowledged and recognized as such by him and the community; that they know of said soldier’s death at the time mentioned in the foregoing declaration; and that the said applicant has not since that time remarried, but still remains the widow of the soldier, as aforesaid; and that they have no interest in the prosecution of this
Her XX mark, JUDY PACK
Her XX mark, ELLEN DAVIS
Attest: F. E. FOSTER,
Special Agent, Pension-Office.
Sworn and subscribed before me this – day of January, A. D. 1871, and I hereby certify that the contents of the foregoing declaration, &c., were fully made known to the applicant and witnesses before swearing; and, further, that I have carefully cross-examined them with a view to ascertaining the truth and determining the validity of the applicant’s title to pension. I have no interest, direct or indirect, in the prosecution of this claim.
GEO. E. WEBSTER,
Pension Agent and United States Agent, Pension-Office.