Rains County, Texas

James M Settle
Civil War Pension Application

 

Sent for by Sharon Pierce, and typed by Elaine Nall Bay.


Reproduced From the Holdings of the Texas State Archives

18264
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FORM A
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Soldiers Application for Pension
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The Commissioner of Pensions reserves the
right to call for additional testimony if he
deems it necessary
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Name of Applicant
James M. Settle
Rains County
Postoffice Emory
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Filed Nov 20, 1909
Approved Feb 28, 1910
Pension allowed from ________________
Rejected __________________________
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____________________Commissioner of Pensions

________________________________________________________________________

EX PARTE
A.C. Taylor
Applicant for Confederate Pension

Pending in the Honorable Commissioners Court of Rains County, Texas before the Honorable County Judge of said County.

The Honorable County Judge of Rains County, Texas, will please take notice that, five days after the service hereof, applicant herein will apply to the Clerk of the County Court of said County and State for a commission to take the depositions of Wm. Gardener and James Ogletree, who reside in the County of Monroe in the State of Georgia in answer to the following interrogatories and such cross-interrogatories as may be propounded by the County Judge of said County, which will be read in evidence upon the hearing of applicants claim for pension in behalf of applicant; said testimony is material and indispensable to applicant in furnished the required proof to his claim for a pension under the Act of March 26, 1909, the application for which is now pending before the Honorable County Judge, and the facts necessary and required to be proven under the provisions of said Act, applicant believes can not be proven by any witnesses residing in the County of Rains and State of Texas, of which he is a bona fide resident.

________________________________, (Applicant Attorney&for Applicant
_________________________________________________________________

Direct Interrogatories to be Propounded to the Witness&&&

Int. 1. What is your name? Age? Present place of residence and postoffice address?
Int. 2. Do you personally know, or did you at any time know James M. Settle, who is an applicant for pension under Act of March 26, 1909?
Int. 3. How long have you know the said James M. Settle, applicant for pension, and when and where did you first know him?
Int. 4. Do you personally know that the said James M. Settle applicant for pension, enlisted in the service of the Confederacy, and performed the duties of a soldier or a sailor?
Int. 5. Do you personally know in what company and regiment the said James M. Settle, applicant, enlisted and served in the Confederate army? When? And the time of service? If you personally knew and so have stated that he enlisted and served in the Confederate navy, then state: When? Where? And how long he so served.
Int. 6. Do you further know that James M. Settle, applicant for pension, was commissioned as an officer directly by the President of the Confederate States? What was his rank and lien of duty?
Int. 7. Do you know if the said applicant was, under the provisions of the conscript law, detailed for any kind of special service in the field, shops, armories, etc., of the Confederacy? What was the nature of his service and how long did he serve?
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Cross Interrogatories

To be Propounded to Wm. Gardner and James Ogletree
Cross Interrogatory 1. If in answer to the foregoing direct interrogatories you have stated that you personally know or did know said applicant, and that you know that he enlisted in the service of the Confederacy and performed the duties of a soldier or sailor, and having named the company and regiment in which applicant so enlisted and served, then please state fully what is your source of such knowledge? And state whether or not you know or at any time you knew of any other soldier or sailor by the name of James M. Settle, serving in the same company or regiment in which you say the said applicant, James M. Settle enlisted, or if you have stated that said applicant enlisted and served in the navy of the Confederacy, then state whether or not you know any other sailor of the same name as said James M. Settle, applicant serving in the same command.
If you say that you so knew other soldiers or sailors of the same name of applicants, then can you and how do you identify and locate the one from the other or others?
Cross Inst. 2. Are you positively certain that said James M. Settle, applicant for pension, is the identical person serving as testified by you?
Cross. Int. 3. Do you know whether or not the said James M. Settle, applicant for pensions, served honorably from the date of his enlistment until the close of the last Civil War between the States, or until he was discharged from said company and regiment, or the special service to which he had been assigned?
Cross Inst. 4. Do you know whether or not the said James M. Settle deserted his command or voluntarily abandoned his post of duty or the service during said war?
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The State of Texas
County of Rains
I, O.H. Rodes, County Judge of said County, in said State, do hereby waive a copy of interrogatories, notice, time and issuance of commission, and it is hereby agreed that the answers to the hereinabove direct and cross interrogatories of the said herein named witnesses may be attached hereto.
O.H. Rodes
County Judge Rains County, Texas
J.M. Settle
(Applicant) Attorney&for Applicant
_______________________________________________________________________

In re
Application for Confederate Pension
FOR USE OF SOLDIERS

Rains County, Texas
Pending before the County Judge of said County
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EX PARTE
James M. Settle, Applicant
----------------------
INTERROGATORIES propounded to
Wm. Gardener
James Ogletree, Witnesses
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Deposition in Pension Claim, with Caption and Certificates

EX PARTE
James M. Settle
Applicant for Confederate Pension

In Re Applicant for Confederate Pension
Under Act March 26, 1909, pending in County Commissioners Court of Rains County, Texas, before the Honorable County Judge of said county.

Answers and depositions of (1) W.G. Gardner Goygansville Ga R D

To the accompanying interrogations (2) _____________________propounded to ____ in the above entitled cause taken before (3___________________
.
To the first interrogatory the said W.G. Gardner
Witness, answers. W.G. Gardner, age 78 years Gogyansville Ga RD
Personally knew him about 45 years in Monroe County Ga
4th yes
5th Co. D 31st Ga regiment about 1862 Richmond VA
Serve over two years
6th was Private
7th Was not Conscript Was Private

1st Cross Int. was member same Regiment saw him often
did not know any other J.M. Settle no other James M. Settle there
2nd Cross Int. yes

3rd Cross Int. yes
4th Did not desert

Subscribed and sworn to before me, this 11th day of November, 1909
W.G. Gardner
__________________________________________________________________

The State of Georgia
County of Monroe
I, Geo. W. Newton, Ordinary, Monroe County, do hereby certify that W.G. Gardner and _____________________ are personally known to me to be credible citizens of said County and State, and that the foregoing answers of W.G. Gardner, the witness before names, and ____________, whose name appear signed to the foregoing deposition, were made before me and were sworn to and subscribed before me, by said witness
(4)________________.
Given under my hand and official seal, this the 11th day of Nov, 1909

(L.S.) Geo. W. Newton
Ordinary Monroe Co. GA
_______________________________________________________________________

Office of Commissioner of Pensions
State of Texas
Austin
E.A. Bolmes, Commissioner

To the Adjutant General
War Department,
Washington, D.C.
Dear Sir:
I have the honor to request the military record of James M. Settle who is reported to have enlisted in Company D, Regiment 31st Georgia Infantry in the service of the Confederate States army.
Purpose: The _________________ person above named is an applicant for a Confederate pension granted by this State, and I desire to verify his proof of service.
Very respectfully,
E.A. Bolmes, Commissioner of Pensions
______________________________________________________________________

13. If commissioned direct by the President, what was your rank and line of duty? NO
14. If detailed for special service under the law of conscription, what was the nature of your service and how long did you serve? NO
15. Have you transferred to any others any property of any kind for the purpose of becoming a beneficiary under this law? NO
Wherefore your petitioner prays that his application for pension be approved and such other proceedings be had in the premises as are required by law.
(Signature of Applicant) James M. Settle
Sworn to and subscribed before me, this 15 day of Oct, A.D. 1909

(Seal) O.H. Rodes
County Judge Rains County, Texas
________________________________________________________________

AFFIDAVIT OF WITNESSES

(Note-There must be at least two creditable witnesses.)

THE STATE OF TEXAS,
County of Rains}
Before me O.H. Rodes County Judge of Rains County, State of Texas, on this day personally appeared T.M. Cain____________ who are personally known to me to be credible citizens, who being by me duly sworn on oath, state that they personally know James M. Settle, the above named applicant for a pension, and that the said James M. Settle has been a bona fide resident citizen of the state of Texas since prior to January 1, A.D. 1880, and that they have no interest in his claim.
(Signature of Witness) T.M. Cain
(Signature of Witness) S.J. Stuart

Sworn to and subscribed before me this 15 day of Oct A.D. 1909
(seal) O.H. Rodes
County Judge Rains County, Texas
____________________________________________________________________

CERTIFICATE OF THE STATE AND COUNTY ASSESSOR

I, W.L. Ivie, State and County Assessor in the County of Rains, State of Texas, do certify that J.M. Settle or his wife, or his trustee, or trustee for his wife, whose name is signed to the foregoing application for a pension, under the Act of the Thirty-first Legislature, approved March 26, A.D. 1909, is charged on the land and personal property rolls of said county with estate, real, personal and mixed, at the assessed value of Five Hundred and No/100 dollars.
Given under my hand, this 16 day of November, A.D. 1909
W.L. Ivie, State and County Assessor
__________________________________________________________________

War Department, Washington, D.C.
1625130
WAR DEPARTMENT

The Adjutant Generals Office
Washington Feby. 26, 1910

Respectfully returned to the
Commissioner of Pensions,
State of Texas, Austin
The records show that James M. Settle, private, Company D, 31st Georgia Infantry, Confederate States Army, enlisted October 14, 1861; that he was captured April 6, 1865, at Farmville, Virginia, and that he was released June 25, 1865, on taking the oath of allegiance.
F.C. Ainsworth
The Adjutant General

 

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