Buried in the records of the National Archives, and incidentally in the wrong box, are hundreds of pages of what seem to be repetitive, duplicative and confusing forms and reports relating to James Davern, late of Company H, 50th New York Volunteer Engineers, and of Nanticoke, Broome County, New York. James was the husband of Hannora Breen and brother in law to Margaret Breen Ryan, wife of William Ryan. We know that the Ryans and Daverns both lived in the same parish in Tipperary, Ireland, and both families made their way to the United States to escape the Potato Famine, eventually settling on farms next to one another in Nanticoke. William Ryan and his son, Matthew, joined up with the Union Army, William in 1864 and Matthew in 1865 towards the end of the War. Both received pensions years later, William for a bullet wound suffered at the Battle of Spotsylvania Court House, and Matthew because he managed to convince the authorities that sand got in his eyes during a march to Washington, D.C. after the war ended. Whether inspired by Matthew’s success in applying for a pension, or not, James Davern, on June 30, 1880, appeared before M. W. Scott, a clerk of the New York Supreme Court, and made his application for a pension, claiming that following his enlistment on January 4, 1864, at a time in the fall of year while on duty in front of Petersburg, Virginia, due to “laying out in the rain and water without [illegible] part of the time, contracted a General disability consisting of Rheumatism, deafness and bodily [illegible]”, which caused a hospital stay for about 3 weeks, and from which he had suffered ever since, etc. James was ably assisted in filing his application by a Washington, D.C. law firm, Edson Brothers, who presumably had some experience in these matters and as well as in soliciting for clients in such far away places as Broome County, New York.
James describes himself in his application as being 48 years old, standing 5 feet, 9 ¾ inches in height, with a fair complexion, black hair and hazel eyes. He identifies himself as a farmer. William B. Edwards of Binghamton and Abram H. Green of Nanticoke witnessed his signature.
Years later, the Bureau of Pensions required James to divulge some additional personal information, and he disclosed that he was married to “Hannorah” Davern, and that her maiden name was “Breene”, and that they were married on February 19, 1848, in County Tipperary, Ireland, by the Rev. Father Ryan, at a parish church in “Annacarthy” [should be Annacarty, or alternatively, Anacarty]. They had five children, Mary A., born December 29, 1852; William, born November 6, 1856; Mathew, born January 9, 1858; Andrew, born May 28, 1861; and Grace, born November 27, 1863.
Two fellow soldiers from Company H, Dewitt B. Kelley of Triangle, age 56 supported James’ original petition, and William Dellow, of Marathon, age 48, who filed a joint affidavit dated April 18, 1882. Although their affidavit is difficult to read in part, they confirmed that James became disabled near Petersburg, Virginia, in July 1864, when he developed a cough and fever, and was sent to the hospital in City Point, Virginia. They recalled that later, in June, 1865, while working near Washington, D.C., James developed “a very bad swilling of the head and face with a hard cough”, and was “not able to do duty”, and received treatment from Regimental doctors. They verified that James was discharged at Fort Barry, near Washington, D.C., on June 13, 1865, when the war ended.
The wheels of the United States government began to turn, slowly.
On July 29, 1880, Dr. William Butler, a practicing physician for 50 years, who resided 7 miles away, executed a Physician’s Affidavit, explaining that he had known James and his family for some 20 years even before his enlistment, and although he had never treated him before 1864, it appeared to him that James was a “sound man”, and that “if he had been unsound I should have known it”. Dr. Butler attests that on February 15, 17, 19, and 22, 1864, when James arrived home (apparently on furlough) Dr. Butler found him “very badly off” due to erysipelas (a skin disease caused by a staph infection), cough and lung disease, requiring treatment, and that in his opinion, this resulted from having contracted the disease while in the Army. J. N. Ring, Justice of the Peace, notarized Dr. Butler’s statement. For some odd reason, Judge Ring’s signature and authority were not attested to until May 4, 1882, when M. W. Scott, who was now Clerk of Broome County, did the honors. The affidavit didn’t make its way to the Pension Office until December 1883.
In the meantime, though, someone got around to scheduling James for a surgeon’s examination, which took place on July 19, 1882, in Greene (Chenango County). Dr. George Williams found James to be 5 feet 9 inches tall, weighing 140 pounds, dark complexion, age 62, with a pulse of 72 and respiration of 18. Dr. Williams recited that the application for a medical pension was for rheumatism, deafness and “general debility”, and found him to be “ ½ incapacitated”, with the disability likely to increase. This disability was apparently due to the “muffled” hearing James suffered, since Dr. Williams could find nothing associated with rheumatism.
Someone from the Pension Office then wrote to Mr. Kelley (James’ fellow soldier from Company H) asking for some sort of information, since the file contains a handwritten reply dated August 3, 1882, reiterating that Mr. Davern had always been “a worthy solder always reddy for duty” until he took sick and went into the hospital with a bad cough and “feaver” and “his hed and fase was badly swollen” and Mr. Kelley avowed “I did not expect to ever se him a gain”. Mr. Kelley concluded by asking for someone to take a look at his own pension application, since he needed the money.
The Pension Office got around to asking the Army for verification of James’ hospital stay on September 16, 1882, and the War Department sent its reply some 4 months later saying that it had no records of any treatment. In addition, the War Department verified that James enlisted at Barker, New York on January 4, 1864, and was mustered out on June 13, 1865, and that the Regimental Returns did not report him absent from September through November 1864, and that otherwise, the records showed nothing supporting a disability at any time.
A board of physicians was then assembled on January 31, 1883, to make a decision once and for all. Doctors I. D. Button, Theodore Dinow and Charles S. George, found a ½ disability since James was found to be totally deaf in his left ear and partially deaf in the right one. However, the good doctors found no signs of rheumatism. They did find skin problems on the back, chest and abdomen causing itching and irritation, but James denied he got this in the Army.
Perhaps to tip the Pension Office just enough to go his way, James filed an additional affidavit on March 28, 1883, reciting his age at 63, and that he had lived in Nanticoke for some 5 years before his enlistment in January, 1864, and since his discharge, he had lived there ever since. He stated that he worked as a laborer in a tannery as well as on his own farm, and that although it was true he had received no treatment for his rheumatism, deafness and “general debility” since being treated by Doctors Hewitt and Banom while in the Army, he can no longer do much manual labor, only “such light work as my health would allow me”, the exact amount he was unable to state, but that he estimated that he was good “not more than two months in each year”. His affidavit was witnessed by George W. Johnson and Enos Norton (?), and of course Judge Ring.
James also obtained the affidavit dated April 25, 1883, of P. T. Gates, M.D., a physician of 30 years, who said that he has know James and his family for some 14 years, since March 13, 1869, to be exact, when he first records a visit for James, the precise disease requiring attention is not known but Dr. Gates thinks it was for “lung troubles”, cough and skin disease, all of which “are very annoying day and night” and in combination with rheumatism for which he was then treating, and deafness, produces a “general debility”. Dr. Gates opined that ever since he has known James, he was unable to perform manual labor one half of the time. Harvey J. Burchard, a Justice of the Peace in Tioga County, notarized the affidavit.
Samuel Keator, President of the First National Bank of Cortland, and a tannery owner before the War, signed an affidavit on March 23, 1883, saying James used to work for him before the War managing the tannery at Nanticoke, while at the same time James was working his own farm, and was a “strong able-bodied man” for the eight years he knew him before enlistment.
Nothing happened for over a year.
Then, out of the blue, the Pension Office again begins to write letters of inquiry, this time to William Dellow, late of Company H of the 50th NYV Engineers, who the reader will recall was an early supporter of Mr. Davern’s original application for pension. But times have changed Mr. Dellow, who no longer can recall specific instances of James’ problems. In his reply letter of July 17, 1884, he explains that when Mr.Davern’s papers were sent to him to sign, Mr. Dellow was sure he could recall the details, but until he could sit down with Mr. Davern now, and chat over old Army times, Mr. Dellow is simply not remembering much of anything, he replied. He does recall that “there were but few “D”’s in Company H”, and that since the fellows were called out to work in alphabetical order, he and Mr. Davern worked together frequently. Nevertheless, he cannot remember anymore the “points” as contained in his sworn affidavit for Mr. Davern.
And then the good Dr. Gates is persuaded to sign another affidavit, dated August 13, 1884, reiterating his prior opinions and emphasizing that ever since he first treated James, he was “quite deaf” and that he has been so ever since. Another Justice of the Peace, Aaron DeLano, was kind enough to notarize this affidavit. And Dr. Butler, now 79 years old, on the same date, also before Judge DeLand, swears that yes, James Davern is now deaf, and no, he certainly was not deaf before the War. And that this, on top of everything else mentioned in his first affidavit, entitled him to a ½ disability. Dr. Butler does not address why the deafness was never mentioned in the first affidavit.
Working backwards a bit, James felt compelled in yet another affidavit dated September 3, 1884, to more fully explain his circumstances. Yes, he had been in a hospital 5 or 6 miles from City Point, Virginia in July and August, 1864, and he now announced for the first time that he had been troubled by chronic diarrhea. To the best of his memory a surgeon named Dr. Beers treated him, including for the severe pain in his head, which apparently was badly misdiagnosed as having been caused by a bad tooth, which Dr. Beers extracted, but which did not affect the pain and swelling in James’ head. However, James allowed as how he just kept his mouth shut about this bit of bad news “as he was afraid the Surgeon would pull out all the rest of his teeth”. The head pain continued through his hospital stay, even after his Army discharge, and even as of the time of the affidavit. James did subsequently employ Dr. Butler to treat him at home. As to the issue of his deafness, James explained that this did not first came on until shortly after his Army discharge “to any appreciable extent” and that his comrades probably didn’t notice anything about it. Judge DeLano again did the honors notarizing James’ signature.
Perhaps it was the Edson Brothers who felt the application needed even more explaining, or maybe James just felt a need for more support. Either way, after mulling over things for a few weeks, James signed yet another affidavit on September 29, 1884, saying that despite his best effort, he had been unable to locate any other members of Company H, save for Messrs. Kelley and Dellow. And, perhaps more significantly, James could now recall that in the month of April, 1864, “while taking up a Bridge across the Rappahanock River in the night he took a severe cold, but kept about and did not go to the hospital, but was sore & lame a long time”, and that the following month, ”while laying a bridge across the Chickahominy he took another severe cold and he had to be excused from duty for a week, after which on account of said soreness & lameness he was left to assist in guarding a train between City Point and Petersburg”. That followed with the hospital stay in August due to the head swelling and pain and dysentery and a bad cough and erysipelas, as previous affidavits related. Ever since, during the remainder of his service he “had frequently to be excused from duty for a day or two at a time”. James specifically attributed his rheumatism, deafenss and erysipelas to “taking of cold occasioned by being exposed to the wet as herein stated”. Finally, he mentions that the disease of the lungs from which he suffers “is not serious except when he takes cold”. Judge DeLano again duly notarizes the affidavit.
Someone was diligent in pressing James’ claim, since the next file document is an affidavit dated November 5, 1884, of the 1st Sergeant of Company H, Edward M. Seacord, a resident of Cortland, who bolsters James’ claim by confirming the story of James getting wet at Rappahanock Station in April, 1864, and not going to the Surgeon for five days or so, suffering in silence, and by verifying that by his own records, James was excused from duty by the Surgeon on occasions afterwards. In fact, Sgt. Seacord mentions the diarrhea, which put him in “poor health” throughout his service.
To no avail. Nothing happened. Were the wheels of government even moving? In a letter to his lawyers dated January 20, 1885, which was in the form of an affidavit, and ultimately filed as such in his pension records, James laments that he is “worse all the time I have given up all hopes of ever getting better I have taken a great any medicines of different doctors but they do not help me any”. Charles F. Tupper, Clerk of the Supreme Court for Broome County, notarized this document.
But the Pension Office was at work, unbeknownst to James and the Edson Brothers. One of its stalwart clerks had written to Sgt. Seacord to make certain inquiries, but although a copy of its letter is not in the file, Sgt. Seacord’s reply is, and from the reply, we can imagine the tone of the inquiry:
Cortland NY March 23d 1885
The Hon. Commissioner of Pensions, Washington, D.C.
Dear Sir:
I have just returned from a trip west and find your letter of Jan. 31st awaiting me. In reply to your inquiries therein contained answers as follows.
For more than a year before the close of the war I
acted as 1st Sergeant during the absence of
sickness of 1st Sgt. Dubois and upon his promotion to a
lieutenancy, was made the 1st Sergeant & I recollect Daverns case very well. Nearly all of Co. H. 50th NY who were with us about the first of April 1864 well recollect being called up in the night & going to the Rappahannock River to take care of a pontoon bridge in one of the most severe storms of that year. That was when Davern cought cold. And as the other thing. Diarrhea. I had it myself for two years & eight months and often heard Davern complain of having it. If our Surgeons had had any respect for the private soldier and kept such record as they should have kept there would be no need of this mans referring to me. Davern is not satisfied because I did not make a stronger statement.
Perhaps inspired by Sgt. Seacord’s bold submittal, James now files yet another affidavit, this one the longest yet, spanning 4 pages, dated in April, 1885, in which he recounts in detail all his travails and symptoms (he specifically describes the “gopher holes” dug in the ground in which he slept, damp and cold), and goes on to list the patent medicines he has taken in a vain attempt to allay his pains: Glenn’s Peace in the Family, Down’s Elixir, Clark’s Indian Blood Syrup and Hop Bitters. He regrets his inability to locate a number of members of his unit to confirm his story, including Capt. Palmer, Orderly Sergeant Richard Dubois, and Lieut. William Cameron. Mr. Tupper, Clerk, attests his signature but forgets to put in the date.
And again, Dr. Butler on June 22, 1885, deposes that he regrets that he can’t say with specificity what ailment he treated James for, and on what date, or whether on any given date Dr. Butler treated James or another member of his family, and can only say from memory that he treated James for “general debility and a skin disease”.
But this isn’t enough for the Pension Office, and James is sent again, this time to Binghamton, for another examination before a team of three doctors, whose names appear to be J. G. Orbow, T. H. Chittender and C. B. Richards. In their report of the examination done on June 24, 1885, they conclude that although there is a history of chronic diarrhea, there were no objective evidence of such, but that he did exhibit some crepitus of the right shoulder from rheumatism, impairing movement to a moderate degree, and deafness in the left ear, with slight impairment of the right, and therefore found a ¼ rating for the rheumatism and ½ for deafness, for a total of ¾ rating overall. James was 65 years old. His application had been pending for some 5 years.
Perhaps the Edson Brother knew that this would not be enough, so they decided to turn up the heat. L. W. Ballard of Newark Valley, Tioga County, deposed on July 29, 1885, that as a neighbor of James’, they had been acquainted since just after the War and they would see each other every day, and that one had to speak loudly to converse with James because of his deafness. S. W. Byington notarized that affidavit. Chauncey Pierce of Ketchumville, Tioga County, deposed on August 8, 1885, that he had known James since 1860, when he certainly was not deaf, but that when he first conversed with James as he was returning home from service, he definitely was deaf, and James related that he had contracted his deafness while in the service. H. J. Burchard, Justice of the Peace, attested to Mr. Pierce’s signature. And on September 12, 1885, James files yet another affidavit, the subject matter of which was his diarrhea, with which he was afflicted at the time of his discharge and even now was troubling him once in every four weeks, and for which “one of the neighboring women a Mrs. Mary E. (?) Bander informed deponent’s wife that she had a root that would check that. That he used it and found it to answer the purpose checking it temporarily.” So, he did not inform his physicians, since he thought he had it beat. And, he did not discuss this with his neighbors since “it is a matter of which he did not care to speak of”, although it caused him “much inconvenience”. Now, his bouts leave him with “extreme costrocness (?)”. Judge DeLano notarized this affidavit as well.
It sounds like someone in the Pension Office finally gave up and submitted James’ claim for admission for deafness “in spite of the claimant’s allegation that it did not appear until after discharge and the medical opinion that it couldn’t be accepted as a result of cold or swelled head”. This, in a short note dated September 18, 1885, by A. J. Wagstaff.
Yet, nothing happened.
So, the affidavit bandwagon rolled on. Arthur H. Pellette, M.D., of Lamb’s Corners (whose house Matthew and Mary Ryan would shortly purchase) gave a physician’s affidavit dated December 10, 1885, confirming deafness, rheumatism and chronic diarrhea since 1865 (although Dr. Pellette had been a practicing physician for only 6 years at the time he gave the affidavit) when Dr. Pellette first became acquainted with James. As to the diarrhea, Dr. Pellette treated James regularly in the past two years, and knows this affliction kept James confined to bed when in came on for a week at a time. The affidavit is admittedly vague on the frequency and types of treatment given for rheumatism, but treatment was furnished in the last two years.
On the same day, Samuel E. Monroe, age 58, and a neighbor of James for 30 years, deposed that, indeed, before enlistment, no deafness, after Army service, deafness which has gotten worse and worse. To the same effect, and on the same day, another 30 year neighbor, William B. Morgan, age 45, gave his word.
All of this did not impress Mr. Wagstaff of the Pension Office, who seems to have reconsidered his opinion in light of the medical opinions, and despite the “indefinite” lay testimony. This, in a note addressed to Capt. Fred. Mack, Chief Eastern Division, dated January 11, 1886. Capt. Mack followed up in a letter to J. R. VanMeater, Chief of Board of Review dated January 26, 1886, by pointing out that in his affidavit of September 8, 1884, James admits that his deafness did not appear to any great extent until after discharge and that none of his comrades would have known about it. Capt. Mack felt that a decision should be made either to award the pension or to deny it, since James had earlier stated that he could not furnish testimony from additional comrades. That may have sounded like someone trying to force a decision, but it was not to be. So, in a semi-anonymous undated note of “J.E.R.” of the Pension Office, the claim was referred to an examiner “for proper depositions”.
First, Dr. Pellette on September 23, 1886, in a short affidavit describes rheumatism and the erysipelas, which “is now bothering his eyes”, and James is “unable to do work to any amount on account of said troubles”.
Next up to bat was, again, Dr. Gates, who was as before, supportive and vague in an affidavit of September 28, 1886. He adds a symptom of erysipelas (not previously mentioned by him), which had gotten into his eyes and “I fear it may make him blind”.
But nothing happens through the end of the year. Or the following year. The wheels of government may have stopped. But whether they started up again or never really ground to a halt is academic. Likely, someone was out scouting Nanticoke looking for witnesses.
In early 1888, letters apparently go out again from the Pension Office, since there is a reply dated February 16,1888, from Thomas Hamilton of Cortland, who addresses a “Mr. Black” and says, “…I new James Davern And Remember of him Having Chills and being sick. But I don’t know of Eny Disease only Chills”. That wasn’t so bad, but the next reply letter sure was:
Marathon Feb 20th 1888
Comrad John C. Black
Sir in Reply to your letter I now the Claimant very well but don’t now of his contracting enny deseas I see him very often he don’t look to me like a man brock down with all of these complaints if he is his looks disseaves him very much all tho he may have them he can step out and kill me on a days work
Yours truly and respect yours
F. B. Greene Marathon Cortland Co NY
Well, the reader can imagine the reaction of the good Mr. Black to Mr. Greene’s information, and now the wheels of government really began to turn. But the government had to face the Edson Brothers, and if James Davern’s file had grown large with affidavits and surgeon’s certificates so far, well, you ain’t seen nothin’ yet.
The Edson Brothers struck first with the joint affidavit dated March 16, 1888, of two War comrades, Orlando Groom, a private in Company H, age 63, all the way from Big Flatts in Chemung County, New York, and DeLancey F. DuBois, the Company H 1st Sergeant, age 48, of Elmira. Naturally, they could recall vividly the now famous bridge over the Rappahannock, James catching cold and soon after begin to lose hearing, his complaints of rheumatic pain and the diarrhea which sent him to the hospital in City Point. The Pension Office fired back with another surgeon’s examination, which included Doctors D. J. Jackson, E. Mueltsen, and C. B. Richards, the latter of which had been a member of a previous examining team. The exam was completed on October 24, 1888, in Binghamton. James was 68 years old. They found a “body poorly nourished”, chest flattened, noises in the lungs on respiration, and a discoloration of the skin, which James explained was the result of erysipelas. The good doctors found 1/18 disability due to rheumatism, 4/18 for diarrhea, 2/18 for “slight deafness of both ears”, and 4/18 due to chronic bronchitis, for a total rating of 11/18.
Apparently the surgeon’s examination report was not favorably received in the Pension Office. Instead, in a note dated December 11, 1888, signed by F.B.Curtis, Re-Receiver, and approved by F. W. Parm, Chief Board Re-Review, the conclusion is that, despite all the considerable testimony, “when it is ‘boiled down’ and carefully considered it does not really amount to much”. Mr. Curtis felt that since there was no record of disability in Mr. Davern’s service record, and since he waited so long after discharge (15 years) before applying for a pension, and five witnesses, “some of whom testify to one state of facts and some to another”, with a lack of unanimity in them, a Special Examiner needs to be appointed “to get at the bottom facts”. Mr. Curtis was specifically critical that Mr. Dellow’s letter indicates he knows nothing about the case; that Mr. Kelly testifies to nothing but cough and fever in service and his signature in his letter does not match the signature of his affidavit but in any event he knows little of the case; that Mr. Seward, the “best witness in the lot” really only knows about diarrhea; that Mr. Groom and Mr. DuBois do not show how their knowledge of disability has been obtained; that F.B. Green “throws discredit upon the claim”; and the medical evidence fails to disclose the existence of disabilities after initial complaints were made.
Almost a year goes by. Then, apparently with no warning or reason, on September 24, 1889, Special Examiner F. E. Sayre appears in person in Lambs Corners to “conduct a special examination of the aforesaid pension claim”, and serves a copy of the Notice Of Special Examination on James personally, notifying him that the examination would take place the same day “at once” and inviting him to attend.
The first deponent is, of course, James Davern, now 70 years old. He states that his claim is for rheumatism, deafness and diarrhea, and that although he had previously brought up a disease of the lungs, erysipelas, chills and fever, he would not be claiming a pension for those things “as they do not bother me now”. He relates further that when he enlisted in Company H of the 50th NYV Engineers, he was paid the huge sum of $1,000 cash. When he returned from service, he has always been a farmer on a farm consisting of 85 acres, but has been helped by his three boys. His deposition relates all his ailments and causes thereof as previously related in detail. The first day of deposition testimony is ended. The participants undoubtedly return to their respective homes, or in Special Examiner Sayre’s case, to rented rooms somewhere in the vicinity. Perhaps Mr. Sayre takes his meal while chatting with his host, and something untoward slips into the otherwise genial conversation. Perhaps he strolls around the Broome County countryside as daylight diminishes and strikes up a conversation with someone of prejudiced opinion. Perhaps a “word to the wise” is anonymously whispered into his ear as he falls asleep on the feather bed in the upstairs apartment. Whatever the source, Mr. Sayre now knows more than that first day.
A short pause in our story. The reader must be reminded of the times. In these United States, certain newly arrived immigrants are looked down upon. That is the way it has always been, and always will. And one group looked upon with scorn is the Irish. Yes, the Irish, known once and for all as degenerates, barely qualifying as members of the human species with a single motivation, the consumption of alcohol. Ignoring the great contributions of the Irish to America already made, and many more to come, the American populace of 1889 regards the Irish as just a bunch of drunks. So it is that Mr. Sayre’s thoughts are poisoned by some dastardly rumor about Mr. Davern, and our story resumes.
James’ deposition was continued the next day. Several points were brought up. First, he was asked about a furlough in February, 1864. Yes, he recalls that, and that he had a cold, “but it did not amount to anything”, and he explained that the Regiment was at Owego and he had only to report in once a week after muster in. He recalled that Dr. Butler doctored him at the time. Then, for the first time, the subject comes up out of nowhere: drink. “Yes, sir, I take a drink occasionally but I never get drunk or go on sprees. I can not stand liquor in any shape it effects my head right away.” Finally, “No, Sir, I don not know of a single person who lives in this vicinity who knows of my physical condition since discharge.”
The second deposition taken is on September 24, 1889. It is of William B. Morgan, age 49, who had previously given a supportive affidavit but in the ensuing years had, unfortunately, forgotten all about it. Now, he admits that he has known James Davern since before the War, and he wasn’t deaf then, and that he has complained in recent years- perhaps the last seven- about some deafness, but that when the War was over, he never heard any complaints about it. And yes, he knows James “intimately”, living only a mile away. And no, he has never at any time heard any complaints about rheumatism or diarrhea.
Next was the deposition of Samuel E. Monroe on September 25, 1889, age 60. Mr. Monroe recalls that when James returned from the service he had chronic diarrhea which still bothers him and was “slightly deaf” in the left ear, which has gotten worse over time. Yes, of late years he has also complained of rheumatism. And no, I don’t think he could do more than ½ manual labor since returning from the service.
The now 84 year old William Butler, M.D., gave testimony on September 25, 1889, just as one would expect of an 84 year old doctor who has treated thousands of patients over his career. Yes, I treated him, but I can’t recall exactly what for, maybe for rheumatism, maybe not, yes maybe for diarrhea but maybe not—“most of the soldiers had those diseases when they returned”—and yes he says he is deaf and yes I treated him for some skin problem but sorry, my memory is vague. Maybe my former affidavit reads better since my memory was likely better.
Now appeared Noah Pollard who on this September 25, 1889, spills the beans. He states that he is a 56 year old farmer and a former next door neighbor and that James Davern always looked in good health on the 2 or 3 times a day, every day, he has seen him since the War’s end. No diarrhea complained of, no rheumatism except for complaints of his shoulders, but yes, some deafness starting about ten years before. That would have been a fine place to stop, but Mr. Pollard did not:
Yes sir he has been a drinking man ever since I knew him and at times would go on hard sprees when he came home he was on what we call a bender.
September 25, 1889, must have been a long day for Mr. Sayre. Next in line to give testimony was Corelli Cady (is this the DeWhite Cady previously mentioned?), a 59 year old farmer and neighbor of James’. He describes his memory as “fair” and strains to recollect that James did complain, starting 10 or 12 years ago, about “something ailing him which he had contracted while in the service”, but Mr. Cady simply is unable to recollect what that might have been. He does recollect, when pressed, that James did always complain that he could not do as much work as before his service days. But yes, he acknowledges that over the last 10 or 11 years, James had gradually gotten deaf. And drink?
Yes Sir have heard reports about his drinking and he may be a drinking man.
The final deponent, on that September 25, 1889, was Arthur H. Pellette, M.D., 30 years old, who verified treatment over the past five years for rheumatism and diarrhea, and that for some 11 or 12 years he had been deaf, although he never treated him for that. And, thankfully, Dr. Pellette, who had known James all his life, said that “His habits have been good for the last 10 years, prior to that I should not like to vouch for”.
The official inquiry then moved to Binghamton where, on September 27, 1889, Mr. Sayre took the deposition of W.B. Edwards, a 60 year old lawyer, who sounds as if he is trying his best to help out James based upon shallow recall. Mr. Edwards explains that he lived “a few miles” from James after his return from service and saw him “occasionally” up until 1871, then not so often, only a total of half a dozen times over the next 18 years, but certainly Mr. Edwards recalled James saying that he had become disabled from his Army service “but the exact nature of his disabilities I am unable to state at this time”. Upon prompting: “Since you mention the matter of deafness I think that some years ago say 10 or 12 years ago that he was quite hard of hearing.” No, he could not recall complaints of rheumatism, but he has “a vague rememberance of his complaining of diarrhea”.
Next up was Dewitt B. Kelley, who the reader will recall had subscribed to a joint affidavit in support of James’ original pension petitioner. Mr. Kelley, on September 30, 1889, was deposed by Mr. Sayre in Triangle. Mr. Kelley identified himself as a 65 year old farmer residing in “Uper Lisle” who served as a private in Company “H” of the 50th New York Engineers and first became acquainted with the claimant in 1864 when James first enlisted. James at that time “was apparently a healthy man”. However at “some time” prior to his discharge in 1865, “I remember that claimant appeared to be an unhealthy man in a feeble and emaciated condition”. No, he could not recall specifically that James had diarrhea or rheumatism or had become deaf, “I simply know that he looked unhealthy”. And no, having not seen him but once or twice since the War, he could not comment on his current condition. Since Mr. Kelley had omitted so many details as had been contained in his prior affidavit, Mr. Sayre read him the affidavit carefully. Mr. Kelley avowed “I suppose I knew the contents at the time”, but he simply could not recall his co-affiant William Dellow being present when it was prepared although “my memory is not of the best though”. And no, sorry, he could simply not recall anything about James having been near Petersburg or City Point or having been sent to the hospital or being doctored by the Regimental Surgeons, as was so carefully detailed in his affidavit.
It didn’t take long for Mr. Sayre to submit his written report to the Pension Office. On September 30, 1889, Mr. Sayre, begins by stating that, in his opinion, “Claimant’s reputation for truth is doubtful while the reputations of affiants are good”. But it gets worse.
I found claimant an emaciated man with a sickly
sallow complexion who told his story in a bungling manner and who prejudiced his statement at the commencement by pretending to be almost totally deaf, so much so that he could not hear me when I spoke in my loudest tones, but who afterwards when interrogated in reference to his other disabilities and forgetting himself could hear quite readily although there is no doubt in my mind that he is slightly deaf at the present time.
His habits up to some ten or twelve years ago where not of the best if the statements of his neighbors are to be believed, as they state that he used to go on sprees, but this he strenuously denies he also denied that there were any of his old neighbors living in his vicinity (other than those who had testified) who would know of his physical condition since discharge but after diligent search I found three whose testimony I took and the other I recommend to be interviewed, he having moved to Tioga County, NY.
Mr. Sayre concluded his analysis by recommending additional examinations of Orlando Groom of Big Flats, Chemung County; Delandy F. DuBois of Elmira; L. W. Ballard of Newark Valley, Tioga County; Chauncy Pierce, DeWhite Cady and R.J. Gates, M.D. of Ketchumville, Tioga County; Samuel Keaten, of Cortland; and Edward M. Seacord of Marathon.
Mr. Sayre’s report was not well received by the Bureau of Pensions, to say the least. Six days after it was penned, in a four page typewritten reply dated October 5, 1889, and signed only by “Commissioner”, Mr. Sayre is castigated.
It begins:
Sir: Herewith are returned to you the papers in claim, No. 407,271, of James Davern, late of Co. “H”, 50th N.Y., Engineers, together with your report therein which is unsatisfactory.
Not only did Mr. Sayre fail to pin down the claimant’s condition since discharge “as to enable this Bureau to take intelligent and satisfactory action thereon”, but Mr. Sayre “failed to state in your report whether claimant was present when witnesses were examined, or whether the adverse testimony taken by you was read to him, and that he was given an opportunity to rebut the same”, failed to identify any witnesses Mr. Davern wished to have examined, and failed to examine Mr. Monroe and Dr. Pellette on key issues and to determine the cause of major discrepancies. And Mr. Sayre was criticized for suggesting that witnesses in farther districts be examined before those in Mr. Davern’s locality are satisfactorily completed. The letter concludes:
Owing to the unsatisfactory work submitted by you in this case, and which necessitated its return to your district, thereby causing delay and additional expense in its settlement, you are directed to enter the same, giving name and number, on the back of your daily report for the day on which this letter is received, as one case returned to you because of faulty and insufficient work.
Mark this letter exhibit “A” of your supplemental report.
Chastened, Mr. Sayre starts again, first with the repeated deposition of Samuel E. Monroe, on October 14, 1889, a 61 year old carpenter living in Lambs Corners, who resided a half mile from James when he got out of the service. Mr. Monroe steps right up to the plate and says that James contracted chronic diarrhea, rheumatism and deafness, at least based on his constant complaining. And, “he acted stiff and was not able to do a good days work he could not move his arms very good”. On the other hand, Mr. Monroe has to admit that his memory is “not very good and I do not remember what I testified to before” in his first affidavit. And,
Yes Sir I have heard that he has been in the habit of going on sprees ever since his return but I never saw him tight- expect- once that I remember, but never saw a man in my life who drank but what he was injured by it but I do not know how it has injured him.
On the same day, again A.H. Pellette, M.D. is deposed. And the topic quickly jumps to alcohol:
While I testified before that claimants habits during my acquaintance had not been of the best still I should not like to state that they had affected his health in any way. I never knew any one to drink as little as he has to my knowledge that was particularly injured thereby although I do not consider that he has been benefited thereby. No Sir I am not prepaired to swear that his drinking has not increased or added to his rheumatism diarrhea and deafness although in my opinion it has not materially changed it.
A busy day for Mr. Sayre, that 14th day of October, 1889, as he continued with the deposition of George C. Bush, a 48 year old farmer of Lambs Corners and a neighbor of James, who he first met after the War. While Mr. Bush verifies that Mr. Davern was deaf during his acquaintance, and that he complained of diarrhea, but never of rheumatism,
His habits have not been good during our acquaintance he was apt to take liquor home with him and when he went away was apt to return home full I have seen him what I considered intoxicated a great number of times although I consider him an honorable man…
Yes I was a soldier and believe that all soldiers should be pensioned.
Next to be deposed on October 14, 1889, was Charles C. Smith, a 67 year old farmer living near Lambs Corners acquainted with the petitioner ever since the War, and always living within 2 or 3 miles of him. When they first met, Mr. Smith was impressed that James presented as “a hearty healthy man”, but that of late, “his health has failed him some”. He knows of James’ hardness of hearing, but knows nothing of diarrhea. However for 5-6 years James has complained of rheumatism “but I can’t locate the same he simply sid that he was disabled by the same”. As to the John Barleycorn:
He used to be some what dissipated in his habits but of late years he has not drank anything to my knowledge.
Levi H. Baldwin was next. He is a 54 year old farmer near Lambs Corners and has known the applicant since his return from the War, and has been a neighbor ever since. At some point, Mr. Baldwin “noticed that he was deaf, but in which ear I can not say”. Mr. Baldwin heard of no complaints of diarrhea or rheumatism. Mr. Baldwin held the mortgage on James’ farm and at first never noticed any problem when James came to pay, but later, the deafness started to crop up. He has had “many business transactions” with James, who “has been an industrius man but for the last 12 years he has been feeble and has not done a great deal of work”.
Yes he drank at times after his return from the War and while I do not think he got drunk at home if he went away to the Village (Whitneys Point) he was apt to come home drunk but I do not think his drinking injured his health. Claimant is a truthful man and honest in every particular.
That was enough for Mr. Sayre for one day. But the next day, he awoke bright and early to get in a few more depositions.
On October 15, 1889, James B. Balch, aged 70 and a farmer and resident of Lambs Corners, knew James from even before his enlistment and testified that he was “a sound hearty man”, and remained so upon his discharge for awhile. But two or three years later, James was deaf, but then “only slightly”, but it gradually deteriorated. Ten or twelve years ago, James complained of chronic diarrhea and rheumatism “more or less”, and has become “quite feeble and not able to do more than ½ manual labor”. And yes, he has seen him “some what disapated at times and given to drink and I have seen him drunk”, although Mr. Balch did not feel that it injured his health. And yes, Mr. Balch was “friendly with him and would do any thing proper and would like to see every soldier get a pension”.
On the same day appeared George W. Morgan, 49 years old and also from Lambs Corners, a neighbor ever since the War. Mr. Morgan recalls James commenting about “some itching or skin disease” years ago, and at the same time recalls James becoming slightly deaf, which of course has now grown worse. And yes, James has complained of rheumatism over the last 12 years, but no diarrhea. In most recent years--Mr. Morgan and Mr. Davern visited the same Village and traded in the same stores—James complained of an inability to perform manual labor. And yes, Mr. Morgan allowed as how at times he has had the appearance “of a man who had used intoxicants but this is more particularly when he goes to the Village”.
The second from last deposition that day was of James G. Hall, 69 years old, of Lambs Corners, a farmer and also, apparently, a doctor, and neighbor of the claimant’s since about 1860, and living about ½ mile away. Mr. Hall recalled that shortly after returning from the War, James claimed that he was deaf “but I never noticed it I talked with him in a natural voice and he apparently heard me”. However in 1870, the two having some business together, Mr. Hall noticed that James had become “quite deaf”. Although Mr. Hall practiced medicine for 25 years, he never examined James. He has seen James on almost a daily basis for years and years but never heard him complain of diarrhea or rheumatism. However, over the years, his health has gradually deteriorated, so that now he can do no more than ½ a man’s work.
No, his habits have not been good he has used too much stimulants for his health he has injured it in my opinion by that means for the last few years he has bought and used a great deal of alcohol at least so I have heard and it is reported that he uses this as a beverage.
“Yes, I believe every man who merits a pension ought to have one”.
The last person deposed October 15, 1889—yet again—is our claimant, James Davern, who avers:
No Sir I do not use stimulants except as medicine once in a while. I do make a sling out of alcohol which I drink for my cough this I have been in the habit of doing some three or four years. No I do not take this by doctors orders I do not take it as often as once in six months and then it does not make me tight neither do I take it for that purpose. Yes I do take a glass of whisky at times when I am on the road that is when I am down to Whitneys Point NY and that is seldom.
And no, he doesn’t have any other witnesses needed to be interviewed.
Special Examiner Sayre wasted no time in firing off his rebuttal to the Commissioner of the Bureau of Pensions. His second report is dated October 16, 1889. Appended to the report, as instructed, is Exhibit “A”, the scathing letter received from the Commissioner “which in my opinion the Reviewer was unnecessarily severe in his criticism”. Not only did the claimant not elect to be present during the investigation, either personally or by an attorney, but in two different places in his affidavits that he did not know of any other witnesses. And as to the testimony of Dr. Pellette, Mr. Sayre explains all the criticisms of the Commissioner and as the alleged discrepancies, points out that:
…his testimony was taken on the road, in a buggy several miles from a house, and when the Doctor was anxious to take a train and if I had not taken it then and there it would have delayed me several days in my work and entailed considerable additional expenses.
As to Dr. Butler, Mr. Sayre snippingly points out that he “is an aged man” whose memory “has almost entirely failed him” and that it was only after visiting him twice and enlisting the aid of his wife to go through the records that Dr. Butler was able to testify at all. Mr. Sayre concludes by pointing out that the additional expenses warned of by the Commissioner have now been incurred since now—after doing everything again—he is in the same position as before, requiring the taking of additional statements as previously recommended. Mr. Sayre complains that Mr. Davern “deceived me in his former statement regarding his neighbors having moved or died since his discharge” and crows that the additional testimony he has obtained “is of an adverse character and strengthens my opinion as regards the merits of the claim”.
That report concluded, presumably Mr. Sayre went on to other, more satisfying, investigations (although we have not quite heard the last from Mr. Sayre). But before the dust is settled on this episode of the saga, three more affidavits are obtained—presumably by James but this is not at all clear—and make their way into the file. One is undated, signed by Harvey J. Burchard, Justice of the Peace at Ketchumville, Tioga County, and attesting that Judge Burchard has been personally acquainted with the applicant for some 17 years, and always has lived about 1 ½ miles from the applicant. Judge Burchard says that James has complained in the past of rheumatism as well as “general disability”, and that he knows James is “very deaf”. The Judge concludes: “I have know knowledge of His using Intoxicating Liquors nor have I ever seen Him under the Influence of such Intoxicants”. The second is dated October 17, 1889, signed under oath by Burton Loomis, and notarized by William D. Fuller, Justice of the Peace. Mr. Loomis says that in the 18 years he has known Mr. Davern—and living but ½ mile away-- he has “never known of his drinking to an excess or squandering his money in that way & have never seen him drink any liquor but could not swear he had not”. Also, of course, Mr. Loomis says that James is deaf ever since he has known him, that he is not capable of doing hard work, that he has been “sick by spells most ever year and is quite miserable the most of the time”. The third affidavit is from Charles Howland, dated October 19,1889, another neighbor living ½ mile away, and knowing James for the last 13 years knows that he is “quite deaf” and this has “grown upon him”. “I never have seen Mr. Davern drink any liquor & know he does not fool away much money for he is a good honorable neighbor & he does not drink to an eccess. I know for I see him most every day & would be apt to know”. He always “knows of his having sick spells.”
In the meantime, however, Mr. Sayre’ questioning of James concluded, but it all left a bad taste in James’ mouth, and after it was all said and done, James wrote to Mr. James Tanner of the Pension Office, in a letter dated Oct. 1889:
I wish to inform you that the special examiner has been here examining my claim… I did not understand him properly until he was gone my wife explained it to me and I give you this explanation of it he heard of my being a drinking man & of using alcohol I use it in three forms (?) to mix with camphor and to apply externally and I was told that a little good licker to take would do me more good than all the doctors & patent medicine I could take as whisky is not procurable here I get a pint of alcohol pure not over 4 pints in a year and make a little hot sling when I am taken with chills. Dr. Pellette told my wife it would be good for me. He spoke about one man seeing me drunk I could swear no man ever saw me drunk I have staggered from weakness a good many times and if I ride any distance and I will get stiff and cramped and when I get out I will almost fall down but as to my being a drunk I despise the name as any neighbours can testify. I should have made this explanation to Mr. Sayre the examiner. I did not understand him explicitly. I was also advised by my friends to put glycerine in whiskey for my cough & lungs… if I was too have a doctor every time I was sick I could not stand it I would not be able to pay the bill but why say any more you understand it yourself.
Bureaucracy has a tendency to numb the mind. The Bureau of Pensions—again—referred the whole matter back to the local office for more testimony.
The chore of completing the recommended interviews was assigned to one Russell Barnes, a Special Examiner of the Pension Office. Without much delay he starts his interviews in Elmira, taking the deposition (written not like oral depositions common today) of former 1st Sergeant D. F. DuBois, on October 30, 1889. But this time around, Sgt. DuBois’ tune was quite different than as sung in the affidavit filed by the Edson Brothers 1 ½ years before. But the tune seems to ring true:
I was orderly sergeant of the Company when James Davern came to us in 1864. I think he joined us at Rappahannock Station. I knew him while he was with the Company. He did not amount to anything much as a soldier because he was always ailing with something. He complained of rheumatism a good deal. And I had taken him to the doctors often for that complaint… I think Davern was in the hospital quite a while. He was like all the rest of the recruits who came to us in the winter of 1864. He had the diarrhea very bad and was bothered with it all the time he was with us. He belonged to what we called the “Diarrhea Corps”. He seemed to be willing to do all he could but was not really able to do much active duty. In Feb. or March 1864 we had two bridges over the Rappahannock when there came a freshet and we had to remove the bridges. It rained and sleeted all the time we were at work at it. The water was up so high that the approaches to the bridge was under water and we had to wade. Every man who worked there got soaking wet and many of them soon complained of rheumatism as a result of that. If I recollect right Davern was one who claimed his rheumatism was due to that. I know he frequently complained of it after that and Dr. Hewitt excused him from duty for that and other ailments. When it was not rheumatism it was something else. On the march he was in the habit of falling out on account of rheumatism. Would claim that he could not keep up and would have his knapsack carried in a wagon. It seemed to bother him most in the legs. He would get an order from the Capt. and come to me and I would have his knapsack put in the cook wagon. He was pretty old as compared with the other boys in the Company and was looked upon as an old man by the boys. He may have been deaf but I have no recollection of it whatever. I think they could all hear me when I called the roll. Orlando Groom was one of his tentmates.
Mr. Barnes continued with the deposition of Orlando Groom the same day, in Big Flats. Mr. Groom is 63 years old and has “no occupation”. He was a private in Company “H” of the 50th NY Engineers from 1862 to 1865, and was Mr. Davern’s tentmate for a short time while at City Point, Virginia. As to Mr. Davern, Mr. Groom confirmed the rheumatism, the diarrhea “which was a very common thing among the men”, the coughing after catching cold, and the hardness of hearing, which seemed to come on after he had caught cold after taking up a bridge, after which he “was about played out”. He recalled that James was excused from duty “quite often” but doesn’t recall if he was ever hospitalized.
Mr. Barnes prepared his report on Halloween, 1889. In addition to the depositions obtained from Mr. DuBois and Mr. Groom, Mr. Barnes reported thathe also interviewed Johnson Beers, James B. Eills, William Greene, John C. Maxwell and James R. Decker, all comrades in Company “H”. Some left the Company before James arrived, while others couldn’t recall him at all. Mr. Barnes reported that he could not locate Sgt. Daniel B. Lynch of Binghamton, a carpenter by trade, since he did not have an address. Mr. Barnes believed that from the material now in the file, “I believe the claim has merit and therefore recommended a further examination” of Mr. Lynch, Edward M. Seacord, William Dellon, F.B. Greene, Chauncey Pierce, R.J. Gates, M.D., and L. W. Ballard, for reasons unstated.
In the meantime, Special Examiner F. E. Sayre reappears on the scene, dispatched once again, this time to Binghamton, New York, for the statement of Daniel B. Lynch, resulting only in a letter dated November 18, 1889, to the Honorable Commissioner of Pensions, reporting that Mr. Lynch “has not the slightest remembrance of him”, so Mr. Sayre felt it best not to bother with a statement.
It is two days before Christmas, 1889. Mr. Barnes’ report has been accepted, analyzed and his recommendations approved. The Pension Office assigns yet another Special Examiner, Charles Haubach, to do the necessary follow up.
First found—and not even on this list of interviewees-- is William D. Brooks, formerly 2nd Lieutenant of Company “H”. Mr. Brooks, now 70 years old and a mechanic in Homer, Cortland County, can neither recall Mr. Davern or many others in the Company, since he had been on “detached duty” when Mr. Davern mustered in, and was so detailed upon discharge. However, one man he can recall, Edward M. Secord, now resides in Cortland. Mr. Brooks, having reviewed the claimant’s statement, also avers that James “has things mixed the Rappahannock river is not near Petersburg Va. That river he means must be the James River”.
F.B. Greene also interrupts his Christmas preparations to give a deposition, explaining that he is 45 years old and a carpenter, and that he enlisted in the 50th NY Engineers, Company “H” in November, 1862, and served through the War. Mr. Greene, however, simply cannot recall a James Davern, but asks why, if James lives in Lambs Corners, he has not mentioned Charley Swan, who enlisted from there and still resides there? In fact he had run into Charley two years before at the reunion of the Regiment, and Charley had related to him that he had become a member of the Eldrige Post GAR at Whitneys Point. He confirms that Edwin M. Secord and William J. Bennett live in Cortland.
Mr. Hauback removes the hearing then to Cortland where, on the same day, he deposes Edward M. Secord, a 49 year old Commercial Traveller (traveling salesman?). Mr. Secord enlisted in November, 1862, and remained throughout the War, being promoted from private to First Sergeant. At first in his deposition, he could not recall James at all, but after being read his record, he recalled him as “the first on the rolls beginning with the letter D.” Mr. Secord denies that a pontoon was placed across any river in April, 1864 (since as he explains, during the entire year 1864 he was in charge of the 2nd section of the pontoon train). However, he recalls a particular occasion when a bridge that had been constructed at Rappahannock Station came into danger during March or April during a severe storm, and the Captain had sent Sgt. Secord and the entire Company to take care of it. In the course of which, “many of the men got very wet”. As to James Davern, Mr. Secord, “I can recall Davern distinclly… I do remember generally that this claimant was at times sick, it is my impression that he suffered from chronic diarrhea & rheumatism… he was often excused by the doctor from duty and allowed to lay around camp.” Mr. Secord verified that William J. Bennett lives at Chenango Forks.
Mr. Hauback wasted little time in preparing his supplemental report, dated December 28,1889, to the Honorable Green B. Raum, Commissioner of Pensions, Washington, D.C. However, “There is but little additional information furnished by the testimony herewith submitted and the claim though somewhat vague is in my judgement not without some merit…” Nevertheless, Mr. Hauback recommended that Charles Swan be interviewed, since he was in the same company as Mr. Davern, and while they were at it, might as well interview William J. Bennett.
The next Special Examiner enlisted to complete the job was F. A. Lancaster, who on January 20, 1890, took the testimony of Asa W. Sweet, 66 years old, of Williamsport, Lycoming County, Pennsylvania, a merchant with an “excellent” reputation, formerly a sergeant in Company “H”. However, Mr. Sweet explained that he had served with the unit only until shortly after Gettysburg, when he was sent back to Washington, D.C. to have the bridges repaired, and after that, was on detached duty to Engineer Brigade Headquarters until May, 1865, when he returned to his unit. He could only recall James’ name from the roll call, and nothing further. Mr. Sweet, I’m sure in an effort to assist and in no way attempting to prolong one of the longest pending pension applications in United States history, suggested that George W. Smith, a constable right in Williamsport, and Israel Buck, of Mortonville, might have valuable information. In fact, he disclosed that Mr. Buck, formerly a sergeant in the unit, had kept a “lot of notes or kind of diary” which might prove helpful. Mr. Lancaster took up Mr. Sweet’s suggestion and spoke with both Mr. Smith and Mr. Buck, but, according to his supplemental report of January 21, 1890, neither could recall James. In fact, Mr. Lancaster was also referred to Charles Bryan of Williamsport, another member of the unit, who had no recollection, either. So, Mr. Lancaster concluded by echoing Mr. Hauback’s feeling that “there is some merit in the case”, and, naturally, suggesting that matters be moved to North Bay, Oneida County, New York, for the testimony of the heretofore unidentified Carmi B. Joslyn.
Special Examiner J. Speed Smith has the honor of deposing Carmi B. Joslyn in North Bay, Oneida County, New York, on February 15, 1890. Mr. Joslyn, a 54 year old mechanic who enlisted as a private in Company “H” of the 50th NY Engineers, in August, 1862, was promoted to corporal, then to sergeant on June 7, 1864, but was then transferred to special duty as an ambulance sergeant and was away from the unit from March, 1865 until discharge. Mr. Joslyn has absolutely no recollection of James, but verifies from his diary that on April 9, 1864, Company “H” took up a pontoon bridge which was across the Rappahannock River, and that it rained all day and all night. The men got wet, but he cannot say whether any sickness developed amongst them from the exposure.
Mr. J. Speed Smith relates this information to the Pension Bureau, but then puts in his two cents worth and says that, ”In my opinion the testimony both as to origin and continuance is indefinite and yet unsatisfactory”, and recommended further examinations of William J. Burnett and Charles Swan, War comrades, and Chauncey Pierce, R.J. Gates and L. W. Ballard as to continuance of disability.
Ten years has passed since the original application for pension.
George W. Morse is the next in a long line of Special Examiners appointed by the Pension Bureau to pursue the relentless search for the truth, or as close to it as humanly possible.
Mr. Morse starts his quest where it all started, Nanticoke, Broome County, New York, where on June 9, 1890, he deposes Chauncey Pierce, a 44 year old who lives in Ketchumville, Tioga County, where he makes his living as a farmer. Mr. Pierce knew James four years before he enlisted, when they worked together and James was a “healthy rugged man as far as I know”. Mr. Pierce explains at length that James was hard of hearing after the War and one had to speak louder when in the same room so he could hear. Coincidentally, Mr. Pierce points out that he, too, was hard of hearing after he got out of the Army, but “got better from it”. He lives 1 ¼ miles from James and sees him frequently. As to just how deaf James may be, Mr. Pierce goes so far as to opine, “I should not consider him over 1/3 or ¼ deaf at any rate”. No knowledge of diarrhea, incidentally.
Mrs. Ora T. Pierce, 36 years old and he good wife of Chauncey, also gave a deposition in which she succinctly says, “I have conversed with him and am of the opinion it is harder to make him understand some times than at other times.” Also, “I have never known him to be drunk but I know he partakes of liquor frequently”.
Next to give testimony, the same day, is Harvey J. Burchard, “a bee keeper and Justice of the Pease”, who had previous given testimony and who had notarized two other witnesses’ affidavits previously. He has known James since 1870, and lives about a mile away. Judge Burchard makes some noises that James is hard of hearing, that he has heard it said that James has rheumatism, but has never conversed with him at a time when Judge Burchard thought James had been consuming intoxicants.
On the same day, Charles Howland, a 31 year old farmer who lives ½ mile from James and has known him for 6 or 7 years, and who had furnished an affidavit the year before, deposed that James is quite deaf (“I think I could make him hear me at a distance of 3 rods”) and also has “sick spells”, which might be rheumatism since “I know it bothers him to get in and out of the wagon when delivering milk.” Mr. Howland admits that James “gets intoxicated once in a while but not often does not make it a practice of getting drunk when where strong drink is to be had”.
And the same day Charles C. Smith, Jr., also a 31 year old farmer, is deposed in Lambs Corners, and says he has known James Davern since he was 10 years old, and currently lives 1 ½ miles away, and sees him once a week on average. “Judging from his looks”, Mr. Smith imagines that James has had kidney disease. James does not work much, and Mr. Smith has heard him complain of his back, although never of rheumatism. He thinks he has heard James speak of chronic diarrhea, and James is partially deaf. “He is what I would call a moderate drinker, but I never saw him drunk.”
Next, Mr. Morse travels to Newark Valley, Tioga County, where on June 10, 1890, Lewis W. Ballard is deposed for the second time in five years. He is now 50 years old and is a farmer. He recalls making James’ acquaintance for the first time in the summer of 1859 at Nanticoke. They lived within 20 rods of each other at that time. Subsequently, they worked together. After the War, they lived within a mile of each other, and for the first time in his life, James became hard of hearing. And yes, James complained of diarrhea and rheumatism. Now, Mr. Ballard lives 8 miles from James and sees him perhaps once a week in the summer and Mr. Ballard thinks James can’t do half a man’s work. As to just how deaf James is, Mr. Ballard estimates that “I might converse with him at four rods distant by yelling at him. I could not make him hear me at all at 10 rods distant, this is my experience with him.” Interestingly, Mr. Ballard concludes by observing:
There are some of his neighbors fighting his claim for pension. It is a class not in sympathy with pensions.
Mr. Morse on June 13, 1890, deposes Ransom J. Gates, M.D., at Weltonville, Tioga County, New York. The reader will recall Dr. Gates from the three affidavits he has already submitted in support of James’ claim. Very little additional information is contained in his testimony, other than that he is now 68 years old, and that he graduated from medical college in 1864, and that on top of practicing medicine since that time, he is also a “minister of the gospel of the Baptist denomination”. The balance of his detailed, three page deposition—in Mr. Morse’s truly atrocious handwriting causing your writer to spend an inordinate amount of time in careful interpretation only to learn little more than we already know—is spent in discussing the ills James did treat for, and what he didn’t, and that he has never seen him drunk and that Dr. Gates regards James as “a man of truth and veracity”.
And so, Mr. Morse concludes his investigation and pens his report from Elmira, New York, on June 14, 1890. He comments that he would have also deposed Charles Swan “but he was away from house buying stock”. Mr. Morse disagrees with Mr. Sayre’s opinion that James was feigning deafness, since Mr. Morse took the opportunity to call on James to ask for “lines and distances to certain places and it was nearly impossible to make myself understood until he could get the run of conversation”, after which “I could converse by speaking very loud”. Mr. Morse also relates that he had been told by several people that “this claimant has enemies who tried to prejudice the minds of people against his claim”. “These people the claimant characterized as copperheads”. And so, as expected, Mr. Morse concludes by recommending just a few more interviews, Mr. William J. Burnett of Chenango Forks and Charles Swan of Lambs Corners.
There should be something showing how and when a pension was awarded in these records, but there is not. Perhaps the bureaucratic regimen required such paperwork to be filed elsewhere. Nevertheless, we know from a request for a pension increase in 1903 that somewhere along the line, James Davern of Lambs Corners, Broome County, New York, was awarded a pension of some $17 per month. And from a gossip column in the Lisle Gleaner, we know that James was given what sounds like a lump sum back award. So maybe the lesson learned is to be persistent.
On June 4, 1903, James Davern requested an increase in his pension, reciting that at the age of 84, “his disability is constantly increasing in all ways”. “For a good many years” he has done no work at all, and his deafness is total and the rheumatism affects both hands and arms. Daniel Ballard and Peter Dyer, both of Nanticoke, witnessed his signature. William D. Fuller, notary public, did the honors. Edgar L. Vincent of Maine, New York, acted as James’ pension and claim agent.
Dr. Dwight Dudley, Dr. C.W. Greene and Dr. George Hall conducted a medical examination in Binghamton, New York, on October 14, 1903. James was 5 foot, 10 inches tall and weighed 126 pounds. He was noted with light complexion, hazel eyes and white hair. He could not put on his coat without assistance, and otherwise pretty much presented as what one would expect of an 84 year old man. He was awarded a pension increase to $24 per month.
