Sent for by Sharon Pierce, and typed by Elaine Nall Bay.
Reproduced From the Holdings of the Texas State Archives
FORM No. 1 (DEAD)
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CONFEDERATE PENSION APPLICATION
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Name of Applicant,
B.W. Gilley
Rains County
Post office Emory, Texas
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Comptrollers File No. 3393
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I have carefully examined the within application for
pension, together with the proof in support thereof, and
I recommend that the application be
Approved
this 9 day of Oct
A.D. 1899.
Wm. J. Smith
Pension Clerk
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I hereby Approved the within application for
pension, this 9th day of October A.D. 1899
R.W. Finley, Comptroller
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No Application Rejected by County Judge or County Commissioners
Should be Forwarded to Comptroller
_______________________________________________________________________
FORM No. 1APPLICATION of Indigent Soldier or Sailor of the late Confederacy for pension under the Act of May 12, 1899.
______________________________________________________________________
THE STATE OF TEXAS,
County of Rains}
To the Honorable County Judge of Rains County, Texas.Your Petitioner, B.W. Gilley respectfully represents that he is a resident citizen of Rains County, in the state of Texas, and that he makes this application for the purpose of obtaining a pension under the act passed by the Twenty-sixth Legislature of the State of Texas, and approved May 12, A.D. 1899, the same being an act entitled "An act to carry into effect the amendment to the Constitution of the State of Texas, providing that aid may be granted to disabled and dependent Confederate soldiers, sailors, and their widows under certain conditions, and to make an appropriation therefor," and I do solemnly
swear that the answers I have given to the following questions are true.
_____________________________________________________________________NOTE Applicant must make answer to all of the following questions, and such answers must be written out plainly in ink.
_____________________________________________________________________Q. What is your name? Answer B.W. Gilley
Q. What is your age? Answer I am 64 years 5th day of August 1899
Q. In what County do you reside? Answer Rains
Q. How long have you resided in said County and what is your post office address: Answer 20 years. My P.O. Address is Emory, Texas
Q. Have you applied for a pension under the Confederate Pension Law
heretofore, and been rejected? if so, state when and where. Answer no
Q. What is your occupation if able to engage in one? Answer Farming
Q. What is your physical condition? Answer Bad
Q. If your physical condition is such that you are unable by your own
labor to earn a support, state what caused such disability. Answer Paralisus of 10 years standing
Q. State in what company and regiment you enlisted in the Confederate army, and the time of your service? Answer I first inlisted in 10 Texas Infantry and was discharge; I then --- 34 Texas Cavelry Company D. I served 4 years
Q. If you served in the Confederate navy state when and where and the time of your service. Answer ______________________
Q. State whether or not you have received any pension or veteran donation land certificate under any previous law, and if you answer in the affirmative state what pension or veteran donation land certificate you have received. Answer none
Q. What real and personal property do you now own, and what is the
present value of such property? Give list of such property and value.
Answer Real property 50 acres - $200.00
About half paid for, the other half outstanding vendors lien notes against above property.
2 Horses worth 25 dollars apiece
Two cows & calve worth $30.00
Q. What property, and what was the value thereof, have you sold or
conveyed within two years prior to the date of this application? Answer none
Q. What income, if any, do you receive? Answer none
Q. Are you in indigent circumstances; that is, are you in actual want, and destitute of property and means of subsistence? Answer Yes except as above --------
Q. Are you unable by your labor to earn a support? Answer I am
Q. Have you transferred to others any property of value of any kind for
the purpose of becoming a beneficiary under this law? Answer no
Q. Did you ever desert the Confederacy? Answer No
Q. Have you been continuously since the first day of January, 1880, a
bona fide resident citizen of this state? Answer Yes since 1845Wherefore your petitioner prays that his application for pension be approved and that such other proceedings be had in the premises as are required by law.
(Signature of Applicant) B.W. Gilley
Sworn to and subscribed before me this 14 day of July A.D. 1899
(seal)
Jas. A. Boyd
County Judge, Rains County, Texas
__________
AFFIDAVIT OF WITENSSES.
(Note-There must be at least two creditable witnesses.)THE STATE OF TEXAS,
County of ______} Before me __________ County Judge of Rains County, State of Texas, on this day personally appeared ________________________________ who are personally known to me to be credible citizens, who being by me duly sworn on oath, state that they personally know __________ the above named applicant for a pension, and that the said __________is unable to support enlisted in the service of the Confederacy, and performed the duties of a soldier (or sailor) as claimed by him in the above and foregoing application, and that they further know that he, the said applicant, is unable to support himself by labor of any sort.
(Signature of Witness) _________________
(Signature of Witness) _________________Sworn to and subscribed before me this __ day of ____ A.D. ____
(seal)
________________
County Judge __________ County, Texas.
______________________________________________________________________
AFFIDAVIT OF PHYSICIANTHE STATE OF TEXAS
County of Rains} Before me Jas A. Boyd County Judge of Rains County, State of Texas, on this day personally appeared Dr. W.A. Duffy, who is a reputable practicing physician of this County, wh0 being by me duly sworn on oath, states that he has carefully and thoroughly examined B.W. Gilley applicant for a pension, and finds him laboring under the following disabilities which render him unable to labor at any work or calling sufficient to earn a support for himself: He had Hemiplegin on right side, which has existed to my knowledge about ten years, and rendered him entirely unable to do manal labor of any kind.
(Signature of Physician) W.A. Duffey, M.D.
Sworn to and subscribed before me this 14 day of July A.D. 1899.
(seal)
Jas. A. Boyd
County Judge Rains County, State of Texas.
_____________________________________________________________________
CERTIFICATE OF COUNTY JUDGETHE STATE OF TEXAS,
County of Rains} I, Jas. A. Boyd County Judge of Rains County, State of Texas, do hereby certify that on the 9 of August A.D. 1899, before me came to be heard the application of B.W. Gilly for a pension under the Confederate Pension Law of this State, approved May 12, A.D. 1899; that the answers of said applicant to the questions propounded were made under oath as before me as the same hereinbefore appear, and that the foregoing affidavits of Doctor W.A. Duffy who is a reputable practicing physician of this county. I also certify that the said applicant B.W. Gilly is not an inmate of the Texas Confederate Home, nor otherwise disqualified under the provision of Section 12, of the Confederate Pension Law. I further certify that after considering all the proceedings had before me relative to the said application for a pension by the said B.W. Gilly I find the said applicant is lawfully entitled to the pension provided by the Confederate Pension Law of this State, and I hereby approve said application.
Witness my hand and seal of office at Emory Texas this 9 day of
August A.D. 1899
(seal)
Jas. A. Boyd
County Judge, Rains County, State of Texas.
_______________________________________________________________________
CERTIFICATE OF COUNTY COMMISSIOINERSTHE STATE OF TEXAS,
County of Rains} We, the undersigned members of the Commissioners Court of Rains County, Texas, do hereby certify that the foregoing application of Ben W. Gilley for a pension, together with the proof in support thereof, was duly submitted by Hon Jas. A. Boyd County Judge of this Rains County, to the Commissioners of this Rains County, at a regular term thereof on the 14 day of August A.D. 1899, and after a careful consideration of the same we find the said applicant is lawfully entitled to the pension provided for by the Confederate Pension Law of this State, and we hereby approve said application. Witness our hands and seal of office at Emory this 14 day of August A.D. 1899.
(Signature of Commissioners)
L.M. Vincent W. W. Garrett J.A. Abercrombie W.M. Kitching
______________________________________________________________________
Answers of the witness A.B. Collin
1st. A.B. Collin
2nd Seventy six years old
3rd Rains County Texas
4th Henderson Texas
5th I know Ben W. Gilley since 1858
6th I know that Ben W. Gilley served in the confederate Army as a soldier
7th. In Co. D, 34 TX Calvary and served about two years
8th Dont know
9 Dont know
10 He did not
1stx About 50 years
2nd x I know him between the times asked about and he was a confederate soldier
3rd x He enlisted from the southern part of Rusk County Texas. He enlisted in Texas Co. D 34 Texas CalveryState of Texas
County of Rusk
I Chas. L. Bra----d County Judge of Rusk County, Texas do hereby certify that D.F. S---- and A.B. Collins are personally known to me to be credible citizens of Rusk County Texas thus the foregoing answers of D.F. Spivy and A.B. Collin the witnesses before ---- were made before me and sworn to and subscribed before me on the 4th day of August 1899 bys aid witnesses.
Chas. L. Bra-----d
Co Judge Robert Sisk Rusk Co Texas
_______________________________________________________________________In Re Ben W. Gilley
In matter of application for a confederate pension
Answers and deposition of D.T. Speary and ______________ of Rusk County Texas to the accompany my direct and ------ ----- ---pounded to them in the above entitled cause taken before Chas. L. Bra-----d County Judge of Rusk County Texas
Answers of the witness D.T. Spury
To the 1st D.T. Spury
To the 2nd 53 years old
3rd In Rusk County, Texas
4th Henderson Texas
5th I have known him since 1863
5th I know that Ben W. Gilley performed the duties of a soldier in the confederate army
7th He inlisted in Co. D 24 Texas Calvary He served about two years1st About 49 years
2nd I know him as a Confederate soldier from 1863 to 1865
3rd He lived in the southern part of Rusk County Texas Co. D 34 Tex Calvary about 2 years
4th I do not know
5th I am notD.F. Spivy
_________________________________________________________________The State of Texas
County of Rains
Before me Jas. A. Boyd County Judge Rains County State of Texas, on this day personally W.A. Bullock and G.B. Butler who are personally known to me to be credible citizens, who being by me duly sworn on both state that they personally know B.W. Gilly the above named applican for a pension and that they personally know that he the said applicant is destitute of a sufficient amount of property for his support and that they further know of their own knowledge that he the applicant is unable to support his self by labor of any sort.
W.A. Bullock
G.B. Butler
Sworn to and subscribed before me this 9 day of August 1899
Jas. A. Boyd
County Judge Rains
County, Texas
____________________________________________________________________In Re Confederate Pension
Application of Ben W. Gilley of
Rains County Texas
Who was a soldier or sailor of the
Late confederacy and applies for
A Pension under the act of
May the 12th 1899
Commissioners to take Testimony of Witnesses
The State of Texas
County of Rains
To the Hon. C.L. Brachfield County Judge in and for the County Rusk and State of Texas you are hereby authorized and empowered to cause to come before you P.H. Spivy and A.B. Collins who are resident citizens Rusk County, Texas and their answers take to the accompanying interrogatories. Propounded to them in the matter of the application of Ben W. Gilley for a confederate Pension, under act of may the 12th 1899. Made and now pending before the Hon. J.A. Body County Judge in and for Rains County Texas and after having reduced the said answers to writing, you will cause the said witnesses to sware and subscribe to them before you to which you will certify officially and also certify that the said witnesses are personally known to you and that they are credtable persons. After which you will seal up said interrogatories and ----- together with this commission --- a package directed to the Hon. James A. Boyd, County Judge in and for Rains County, Texas, Emory, Texas
Witness my hand and official signature and seal at Emory Texas
Sworn the 2 day of August 1899
Jas. A. Boyd
County Judge in and for
Rains County, Texas
_______________________________________________________________________Estate
Ben W. Gilley
Applicant for a confederate Pension
Under act of may 12th 1899
Depositions and answers of D.H. Spivy and A.B. Collins
To the following introgatories propounded to them in the above entitled pension claim taken before Hon. C.L. Brachfield
County Judge in and for Rusk County, Texas1st. What is your name
2nd What is your age
3rd What county and state do you reside
4th What is your post office address
5th Do you personally know the applicant, Ben W. Gilley and how long have you known him?
6. Do you personally know that the said Ben W. Gilley applicant for a pension enlisted in the service of the confederacy and performed the services of a soldier or sailor
7.Do you personally know in what company and regiment the said Ben W. Gilley enlisted in the confederate army and the length of time of his service.
8.Do you further know that the said applicant is unable to support himself by labor of any sort.
9.Has the applicant any property of his won or income of any kind? If so, where is it situated and of what does it consist and what is its value?
10.Did the applicant ever desert the confederacy?
Signed
Ben W. Gilley by his atty W.M. Lamb
______________________________________________________________________Crop by County Judge of Rains Co. Texas
Inter 1 If you state that you live in Texas please state how long you have resided in said state
Inter 5 If your answer is that you personally know Ben W. Gilly state whether or not you knew him from the years 1861 up to 1865 and whether or not you knew him as a Confederate soldier
Inter 6 If you state that Ben W. Gilly served in the Confederate Army state where he lived at the time of enlistment and what state he enlisted in The Company and Redgement and time of his service.
Inter 8 If you answer this question yes state fully how you know this fact whether by your own personal knowledge or is your knowledge hear say
Inter 9 State whether or not you are in a position to be able to know how much property applicant owns.
Jas A. Boyd
County Judge Rains Co. Texas