Clay County FlArchives Military Records.....KELLY, David G. 1909 Civilwar - Pension ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/fl/flfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Roger Carpenter rlcarpnc@yadtel.net September 20, 2008, 11:16 am Civil War Pension Application Page 001 Cover of file reads: A5132 ****************** Page 002 APPLACATION FOR INCREASE IN PENSION. Melrose, FL., Sept 9th, 1915. State Board of Pensions, Tallahassee, FL. I, John C. Kelly, Pensioner No. 8190 of the state of Florida, hereby make application for increase in pesion because of being unable to earn a livelihood by manual labor. I am 68 years of age. Signed John C. Kelly address Melrose, Fla. PHYSICIAN'S AFFIDAVIT Before me, an officer duty authorized to take ackowlegements and adminsister oaths, personally appeared Dr. Frank McRae and Dr. ______________both well known to me to be reputable licensed physicians and each himself deposes and says that the above applicant for increase in pesion has been examined by him and that said applicant, by reason of disease, injuries or age, is unable to earn a livelihood by manual labor; that the applicant is (hand written) Suffering from consumption Frank McRea M.D. Physician. G.W. Sherause M.D. Physician. Subcribed before me this 9th day of September A.D. 1915 signed (appears to be) JW Murphy Notary Public State of Florida Commision expires April 16, 1918 Note (This John C. Kelly is the brother of David G. Kelly) ******************************************************************** Page 003 Application For Increase Pension UNDER THE LAWS OF FLORIDA I, David G. Kelly Pensioner No. 700 of the state of Florida under the laws do hereby make application to the State board of Pensions for an increase allowed me at the rate of $120.00 per annum. I am unable on account of the disabiltiy shown below and by attached affidavit of a reputable physician to earn a livelihood by manual labor. (Here state fully and plainly the disability from which the applicant for increase is suffering, state any loss of limbs or eyesight, and give any age. Please avoid the use of technical terms.) I was shot in through the right arm at elbow during the Battle of Taylor's Ridge. I am now 80 years of age. In witness whereof I have herunto setmy hand this 16th day of Sept A.D. 1912 David G. Kelley Address Worthington, FL Witness Signed GW Alderman Signed EL Odom Pysicians Affidavit State of Florida County of Bradford Before me personally came JE Maires and JP Tomluison, who being duly sworn, deposes and says, that he is a physician, that he is a resident of the State and County aforesaid, that he personally knows the applicant named in the foregoing application for a pension. This deponent futher says the he has carefully examined the said applicant's physical condition and finds: David G. Kelly Right elbow wounded result of shot recieved in war during the battle of Taylor's Ridge. Also that applicant is now 80 years of age. This deponent further says the the said David G. Kelley is permantly totally disabled by reason of such age from earning a livelihood for himself by manual lobor. JE Maires Physicain. J.P. Tomluison Physicain. Sworn to and subscribed to before me this 16th day of Sept. A.D, 1919 EL Odom Notary Public ********************************************* Page 004 Soldier's Pension Claim Under the Act of 1909 Form A State of Florida; County of Clay On this 22nd day of July A.D. One Thousand Nine Hundred and Nine, personally appeared before me, Notary Public and for the County and State afordsaid, David G. Kelly who, being duly sworn according to law, declares that is 75 years of age, having been born on the 25th day of Janurary 1834, in the County of Darington, in the State of South Carolina. That he is a bonafied citizen of the County of Clay, State of Florida. That he has resided in the State of Florida continuously since the _________day of ____________ 1854. That he is the identical person who inlisted at C....ton, Alabama, under the name of David G. Kelly, on the _______ day of March 1862., in Company B of Capt. Ward, Regiment 33rd Inf. of the State of Alabama in the service of the Confederate States and who was HONORABLY DISCHARGED at Eulaufa, in the Sate of Alabama, on the _______day of Close of War, 1865, on account of ________. Was captured a Atlanta, carried to Camp Chase, Ohio for seven months was exchanged and finally furloughed and finally discharged with the rest of his company under Capt. Smissons as above stated. That I served faithfully until HONORABLY DISCHARGED from service of the _______ in the year 186_, and did not desert the service of the Confederate States Service nor take the oath of allegince to United States until after the surrender of the Confederate Armies. (here sate whereabouts at close of Civil War) That I was near Ozark, Alabama. ******************************************** Page 005 (appears to be the reverse side of page 004) That I do not own property, including real estate, personal, stocks, bonds, mortgage or other collateral securities of any kind in this state, nor does my wife with me jointly or seprately, property to exceed in value the sum of five thousand dollars. That the following is a true and correct statement of all the property owned by me or by my wife jointly or seprately in this or any other State: Real estate, located at S1/2 of NE 1/4 Sen. 7 Tp. q R23E $300 Cattle, horses or other live stock $0 Personal Property $0 Stocks $0 Bonds $0 Mortgages, notes and other securties $0 Total $300 That I have been granted a pesion from the State of Florida under pesion certificate No. 1668, at the rate of $120 annum. (here state any disabilities, physical or mental) BLANK (here state any wounds recieved, or loss od limbs and eyesight) BLANK That my postoffice is Melrose, County of Alachua, State of Florida. David G. Kelly Attest: W.E. Baker C.P. Huffman Sworn and subcribed before me this 22nd day of July 1909 and hereby certify that the above declaration, etc. were fully made known and explained to the applicant before swearing, and I have no intrest, direct or indirect , in the prosecution of this claim. (¬¬Not ledgable) Notary Public ************************************************************************* Page 006 (Form B) Stateof Florida County of Clay We, the undersigned citizens of Clay County, Satate of Flolrida do hereby certify that we know Daivid G. Kelly, who is a applicant for pension under the laws of Florida and that from our own personal knowledge and from the best information available, we believe that the applicant does not own property (including the property of his wife) to exceed in value the sum of $5,000, and that the statements made by him relitive to the value are true and correct. W.E. Baker C.P. Huffman Sworn and subcribed before me this 22 day of July 1909 (Not ledgable) Notary Public (FORM C) Physician's Affidavit. (left blank) ******************************************** Page 007 Report of County Commissioners. ______________ We, the undersigned, County Comissioners in and for the County of Clay, Florida do hearby report that at a meeting of the Board of County Commissioners held this day , the forgoing application of David G. Kelly for a pension under the laws of Florida, was investigated by us: that we are satisfied that the applicant does not own property (including the property of wife) to exceed the value of $5,000. and that the representation made in petition and affidavits are true, and that a pension should be granted to the applicant. Witness our hand this ______ day of ________, A.D. 19___ (1) W.W. Cater......Chairman (2) S.L. Doyle (3) D.D. Livantey (4) W.H. Blitch (5) J.M. Fraser County Comissioners ========================== CLAIM FOR PESION by David G. Kelly of Melrose Post Office Alachua County LATE OF Capt Ward Company. 33rd Ala Inf. Regiment. FILED IN PESION DEPATMENT AUG 6 1909 ======================== APPROVED AUG 24 1909 with pay from JUL 1-1909 At the rate of $120. per annum Secretary of Board ========================= FILED IN COMPTROLLER'S OFFICE ______________, 19__ ************************************************ Page 008 Soldier's Application for Pension State of Florida Clay County On this 15th day of Feburary, 1902, Personally appeared before me, Clerk of the Circut Court for said County and State. David G Kelly who being by me duly sworn, declares he is the identical person who enlisted on or about the 1st day of Feburary 1862 in Captian Ward's Company B, County of Dale, in the State of Alabama, and that while in the actaul service in said Company 33rd Regiment of the State of Alabama on or about the middle of July 1864 and was honorably (the word discharged crossed out) paroled on the 3rd day of March in Columbus, Ohio. I was shot in the right arm just under the elbow and struck with a piece of spent shell on my right knee the last part of July 1864. The result of these wounds is that I cannot perform manual labor to a great extent. My arm pains me very much at times and my right leg at times gets very stiff and at no time do I even walk without pain. and that as the direct result of the said injuries, thus recieved in the line of duty during the war, I am now unable to gain a livelihood by manual labor; that I have continously since Januurary 1st, 1885, been a citizen of Florida; that neither my wife, nor both combined, own real and personal propery to the value of $800 in this or any other State, and have not purposly disposed of our property for the purpose of availing ourselves of the provisions of the pension laws of Florida; that I am not otherwise enabled or in a position to earn, and have no income from any source sufficient for livelihood by manual lobor, and that I never deserted the Confederate service, and that I recieve a pesion from no other source. David G. Kelly P.O. Address; Melrose, Florida. Sworn and subscribed before me this 15th day of Feburary MW Griffen Clerk Circut Court Clay County ************************************ Page 009 I do solemnly swear I was born on the 25th day of Janurary 1834 in Darlinton County, State of South Carolina, and that I am now past the age of sixty-five (65) years; that I was a bona-fide citizen of this State on Janurary A.D. 1885 and have continuously resided in this State since that date: that I do not own property, real or person, or real or personal, to the value of eight hundred dollars ($800) and that I am unable by reason of age uncapable of providing a living by manual living for myself, D.G. Kelley P.O. Address Melrose Sworn and subcribed before this 3rd day of March 1902 signed M.W. Griffis Clerk Circut Court Clay County. We do solemnly swear that we personally knew ___________________ the above applicant for pension during the Civil War of 1861 to 1865, that we served with him in _____________Company_________________ Regiment, and know of our own knowlege that he did recieve injuries set forth in the above application at the time and placew claimed, and that the disability therefrom claimed to exist does exist, and that he never deseerted from the Confederate Army. Sworn and subscribed before me this ____________ day of ___________ Late of ________________ Co. ________________Reg. Late of ________________ Co. ________________Reg. We do solmnly swear we am familiar with the value of all the proprty owned by David G. Kelly and his wife, directly or indirectly in this or any other State, and that the actual combined value therof does not exceed $800; that they have not disposed of any property for the purpose of availing themselves of the provisions of the pension laws of Florida, and that he is not physically or otherwise able, or in a position to earn a livelihood, by manual labor. Singed W.E. Baker PO Address Melrose, FL Sinded M.H. Lee PO Address Melrose, FL Sworn and subscribed before me this 20th day of Feburary, 1902 Signed Unkown. ****************************************** Page 10 We, the undersigned physicians, reidents of the State and County aforesaid, do solemnly swear that we have caefully examined David G. Kelly, who is personally known to us to be the person above applying for a pension under the laws of Florida, and find; that he is suffering from the effects of a wound in right arm and in right knee and these wounds together with his age render him unable to earn a livelihood by manual labor. Wm Griffith M.D. Resident; Green Cove Springs, FL. C.B. Warren M.D. Resident; Green Cove Springs, FL. Sworn and subscribed before me this 3rd day of March 1902. Allan B Grizen Notem Aubbie I certify that the above affidavits are genuine; that all of the persons of respectability and good reputation, and that their satements are worthy of belief; that the attesting officers are duly authorized to attest said affidavits, and that their signatures thereto are genunine. M.W. Griffis Clerk of Circut Court. We the undersigned County commisioners of Clay County, Florida, do hereby certify that we have carefully investigated the above application made by David G. Kelley and are satisfied that the conditons and alleged facts therein stated are true and correct, and that he is legally and justly entitled to pesion provided by the act, approved May 3, 1901. W.R. Revels (Chairman) J.R. Moore O.Scar Silcot A.M. Thomas L.R. Tharns (County Commisioners) By the County Commisioners, Attest: W.W. Griffis Clerk Circut Court REVISED STATUTES OF FLORIDA, CHAPTER II ARTICLE I. 2077. The children of the parents who unable to support themselves, shall be required to make provisions for their support. 2078. On information filed before the Justice of the Peace of the proper district by any person whomsoever, stating that certain persons have no adequate provision for their fahter and mother, or either of them, the Justice shall cause a summons to be issued to said parties, and evidence to be taken as to the truth of the facts stated in the information, and if the same shall be found true, after a fair trial in which the defendants shall have the right to be heard by cousel, the Justice shall issue an order making a assessment on the said children for such as be necessary for the support of their parents. 2079. Said order shall carry with it the right of enforcement by execution and shall have the force and effect of a writ of garnishment on the wages of such children, and further provide for the the person to whom and the manner in which the money assessed therin shal be paid. *************************************** Page 011 CLAIM FOR PENSION by David G. Kelly of Putnam Fla. Late of ____________Company, ____________Regiment, Filed in Executive Department ========================= APPROVED: Oct 1st, 1902 C.H. Dickinson Secty. of Board ========================== I.B. Hilson, State Printer, Tallahasse, Fla, ========================== Pay four Mch. 7 /02 at rate of $96.00 per annum $120.00 ********************************************** Page 012 We do solemnly swear that we personally knew David G. Kelley the above applicant for pension during the Civil War of 1861 to 1865, that we served with him in the said war Company B 33rd AL Regiment, and know of our own knowlege that he did recieve the injuries set forth in the above application at the time and place claimed, and that the disability therefrom claimed to exist, does exist, and he never deserted from the Confederate Army. H.J. Smisson Capt. Late of Co. B 33rd Reg. Alabama Volunteers W.B. Burgess Late of Co. B 33rd Reg. AL Sworn before me this 1st day of September 1902. C.P. Brannan J.P. **************************************** Page 013 Sworn to and subscribed before me exception as per letter the 3rd day of Sept 1902 *************************************** page 014 Department of Pensions, State of Florida Tallahassee Aug 25th 1909 Hon. F.C. Ainsworth, The Adjuctant General, Washington D.C. Dear Sir: David G. Kelly who is an applicant for the pesion under the laws of Florida, claims to have been a member Compnay B, 33rd Ala. Reg. Confederate States Army. Please furnish me with record of this soldier. Yours very truly, A.C. Croom ************************************** Page 015 13338 WAR DEPARTMENT 1560123 David G. Kelly The Adjutant General's Office Washington, August 30, 1909 700 Respectfully returned to the Comptroller, State of florida Tallahassee. 5132 The record show that David G. Kelly Private, Company B, 33rd Alabama Infantry, Confederate States Army, enlisted March 11, 1862. He was captured at Atlanta, Georgia, July 22 1864; recieved at Camp Chase, Ohio, August 1, 1864, and transferred to City Point, Virginia, March 2, 1865 for exchange. No further record of him has been found. ***************************************** Page 016 (hand written) H.J. Smisson, personally appreared before me and makes affodavid that he is the person whose name is affixed to the accompa affodavid and that William S. Burgess and David G. Kelley were members in good standing of Company B, 33rd Ala Vol. and that the statement here sworn to are correck except per letter accompaning affodavid. Sworn to before me this 3rd day of Sept. 1902 E.K. Powers Notary Public. ********************************** 017 (letter head) E.H. Hillyer Express Agent and..... *DEALER IN MERCHANDISE,* Brooklyn, Fla Sept 6, 1902 Mr A.C. Croom Comptroller Tallahassee, Fla Dear Sir, Enclosed please find proof of D.G. Kelly service as soldier in Confederate service trusting this will be satisfactory and that he will get the pension he needs and is entitled to. I am resp. yours E.H. Hillyer ************************************* page 018 (Hand written) Doctor Off. J. Smisson I've recievd your leter asking me to sighn as a witness on DG Kelly wat I have dun except his wouds that I dont naw and have mark out. With my best wishes to you and all Confederate solgers I remain your friend W.S. Burgess *************************************** Page 019 (letter head) HJ Smisson MD Hernia, Goiter, Hemorroids and Chronic diseases. Slocomb, Ala. Sept 3rd 1902 E.H. Hillyer Brooklyn, Fla Dear Sir, I have made an affidavit before a notary and had seal applied. I will further state that Wm S. Burgess was a memeber of my Company, and both Burgess and David G. Kelly were faithful and good soldiers. Their are no records of the company accessable, therefore we are not able to make affidavit as to D.G. Kelly's wounds, but hope what we have done will establish beyond douht that D.G. Kelly was a true Confederate Soldier, and is entitled to credit and benefit as such, and hope there will be no further trouble in securing his pension Yours truly, H.J. Smisson Late Capt. Co. B, 33rd Reg. Ala, Vol. ********************************************* File at: http://files.usgwarchives.net/fl/clay/military/civilwar/pensions/kelly10mt.txt This file has been created by a form at http://www.poppet.org/flfiles/ File size: 24.5 Kb