CONFEDERATE WIDOW'S PENSION: Mary J. Lawhon - Smith Co, TX Submitted by Gayle Basaldu August 28, 2004 Copyright. All rights reserved. http://usgwarchives.net/copyright.htm ***************************************************************** Confederate Soldier Widow's Pension Mary J. Lawhon, wife of William Young Lawhon *********************************************************** ****************************** COMPTROLLER'S OFFICE RECEIVED FEB 18, 1907 No assessment Endorsements Hereon for Comptroller's Use Exclusively Form No. 2 - AMENDED October 2, 1902 CONFEDERATE PENSION APPLICATION Name of Applicant Mrs. Mary J. Lawhon Smith County, Postoffice Troupe Comptroller's File No. ______________ *********************************************************** I have carefully examined the within application for pension, together with the proof in support thereof, and I recommend that the application be...Not indigent -------- *********************************************************** Note - The law provides that pensions can begin only on the first day of April and October of each year. APPLICATION of the Indigent Widow of Soldier or Sailor of the late Confederacy for pension under the Act of May 12, 1899. Hereafter use no other blank but this. THE STATE OF TEXAS, COUNTY OF Smith To the Honorable County Judge of Smith County, Texas. Your petitioner, Mrs. Mary J. Lawhon respectfully represents that she is a resident citizen of Smith County, in the State of Texas; that she is the widow of W. Y. Lawhon, deceased, who was a Confederate soldier (or sailor), and that she makes this application for the purpose of obtaining a pension as the widow of said W. Y. Lawhon deceased, 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 solumnly swear that the answers I have given to the following questions are true. NOTE - Applicant must make answer to all the following questions, and such answers must be written out plainly in ink. Q. What is your name? Answer: Mrs. Mary J. Lawhon Q. What is your age? Answer: Seventy three years old Q. In what County do you reside? Answer: Smith Q. How long have you resided in said County and what is your postoffice address? Answer: 26 years Troupe Postoffice 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: No special occupation Q. What is your physical condition? Answer: very Feeble Q. What was the name of your deceased husband? Answer: W. Y. Lawhon Q. Were you married to him anterior to March 1, 1866? If so, what date were you married to him and where? Answer: Yes was married December 18, 1851 Q. What was the date of his death? Answer: Died Aug 24, 1899 Q. Are you unmarried, and have you so remained unmarried since the death of your said husband for whose services you claim a pension? Answer: Yes Q. In what State was your husband's command originally organized? Answer: Alabama Q. How long did your husband serve? Give date of enlistment and discharge. Answer: Enlisted in 1862 Discharged at the Close of the war in 1865 Q. What was the name or letter of your husband's company and name or number of his regiment? Answer: Co. H 44 Regt. of Alabama Vol. Q. State whether he served in the infantry, artillery, cavalry, or the navy. Answer: Infantry 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: Have not Q. What real and personal property do you own, and what is the present value of such property? Give list of such property and value. Answer: One half interest in Homestead Total value of the Homestead $600. Making My interest $300. 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: Sold 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: I am 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 your husband for whose services you claim a pension, ever desert the Confederacy? Answer: No Q. Have you been continuously sine the first day of March, 1880, a bona fide resident citizen of this State? Answer: I have Wherefore your petitioner prays that her application for pension be approved and that such other proceedings be had in the premises as are required by law. (Signature of Applicant) Mrs. Mary J. Lawhon Sworn to and subscribed before me this ________ day of _________ A.D. W. H. Pope Notary Public Smith County, Texas ********************************************************************* ****************************** AFFIDAVIT OF WITNESSES (NOTE - There must be at least two credible witnesses.) THE STATE OF TEXAS, COUNTY OF Smith Before me________ County Judge of_____________ County, State of Texas, on this day personally appeared R M Moon and R A Person Who are personally known to me to be credible citizens who being duly sworn on oath, state that they personally know that Mrs. Mary J. Lawhon, applicant for a pension as the widow of W. Y. Lawhon, deceased, is in truth and fact the widow of the said W. Y. Lawhon, deceased, that they personally know that the said Mrs. Mary J. Lawhon, widow of the said W. Y. Lawhon deceased, is unable to support herself by labor of any sort. (Signature of Witness) R M Moon (Signature of Witness) R A Persons Sworn to and subscribed before me the 22 day of October A.D. 1908 (SEAL) J A Bulloch County Judge, Smith County, Texas ********************************************************************** ***************************** CERTIFICATE OF COUNTY JUDGE THE STATE OF TEXAS COUNTY OF SMITH I, J A Bullock County Judge of Smith County, State of Texas, do hereby certify that on the 9th day of Feby A.D. 1909 before came on to be heard the application of Mrs. Mary J. Lawhon, widow of W. Y. Lawhon, deceased for a pension under the Confederate Pension Law of this State, approve May 12, A. D. 1899; that the answers of said applicant to the questions propounded were made under oath as the same appear in writing in the foregoing application; that the affidavits of the witnesses who are credible citizens were made before me as the same herein before appear. I also certify that the said applicant Mary J. Lawhon is not disqualified under any if the provisions 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 Mrs. Mary J. Lawhon as widow of W. Y. Lawhon deceased, I find the said applicant is lawfully entitled to the pension provided for by the Confederate Pension Law of this State, and I hereby approve said application. Witness my hand and seal of office at Tyler, Tex this 9th day of Feby A.D. 1909 (SEAL) J A Bullock County Judge Smith County, State of Texas ********************************************************************* ****************************** CERTIFICATE OF COUNTY COMMISSIONERS THE STATE OF TEXAS COUNTY OF SMITH We the undersigned members of the Commissioners Court of Smith County, Texas, hereby certify that the foregoing application of Mrs. Mary J. Lawhon widow of W. Y. Lawhon deceased, for a pension, together with the proof in support thereof, was duly submitted by Hon. J. A. Bullock County Judge of this Smith County, to the Commissioners Court of this Smith County, at a regular term thereof on the 9th day of Feby A. D. 1909, 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 Tyler this 9th day of Feby A. D. 1909 (SEAL) (Signature of Commissioners) W A Strange C T May J L Johnson J A J Mallory J A Bulloch Co. Judge ********************************************************************* ************************************ Comptroller's Office Confederate Pension Department State of Texas Austin J. W. Stephens, Comptroller B. F. Teague, Chief Clerk E. A. Bolmes, Chief Pension Clerk To the Adjutant General, War Department, Washington, D. C. Dear Sir: I have the honor to request the military record of W. Y. Lawhorn who is reported to have enlisted in Company H, 44th Regiment Alabama Infantry in the service of the Confederate State Army. Purpose: The widow of 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, J. W. Stephens Comptroller ********************************************************************* ******************************* Address: "The Adjutant General, War Department, Washington, D. C. " WAR DEPARTMENT, 1500295 THE ADJUTANT GENERAL'S OFFICE, WASHINGTON, March 16, 1909 Respectfully returned to the Comptroller, State of Texas, Austin. The Confederate records show that William Z. Lawhon (name also borne as W. Y. Lawhon, but surname not found as Lawhorn), private, Company H, 44th Alabama Infantry, Confederate States Army, enlisted April 25,____, at Bibb County, for three years. On the roll for June 30 to October 31, 1864 (last on file), he is reported present. The Union records show that W. Y. Lawleon, private, same company and regiment, was surrendered and paroled at Appomattox Court House, Virginia, April 9, 1865. (Signature?) The Adjutant General ********************************************************************* ******************************** ______________________________________________________________________ ____________ DEPOSITION IN PENSION CLAIMS, WITH CAPTION AND CERTIFICATES. EX PARTE Mrs. Mary J. Lawhon wife of W. Y. Lawhon, decd Applicant for Confederate Pension. IN RE APPLICANT FOR CONFEDERATE PENSION Under Act May 12, 1899, pending in County Commissioners Court of Smith County, Texas, before the Honorable County Judge of said County. Answers and depositions of (1) A. L. Stewart, Ponta Post Office , County of Cherokee, Texas to the accompanying interrogations (2) _________propounded to _________ in the above entitled cause taken before (3) ________ in accordance with the accompanying (5) To the first interrogatory the said A. L. Stewart Witness, answers: A. L. Stewart - I am 67 years old, Ponta Post Office, Cherokee County, Texas Ans 2d Int: Yes I personally knew W. Y. Lawhon who is an Applicant for Pension under Act of May 12, 1899 Ans 3d Int: I have known the said W. Y. Lawhon Applicant for Pension since 1866 until his death. I first knew him in Bib County Ala. Ans 4t Int: Yes I know the said W. Y. Lawhon inlisted in the Confederate war and performed the duties of a soldier. Ans 5t Int: Yes W. Y. Lawhon inlisted in Co. A, 48 Ala Regment in 1861 in Bib Co, Ala and served until the close of the war in 1865 Ans 6t Int: I am personaly aequainted with Mrs. Mary J. Lawhon wife W. Y. Lawhon "deceased" and that she is needy circumstances A L Stewart Subscribed and sworn to before me, this 2nd day of February, 1909 ********************************************************************* ******************************* Interrogatories to Witness in Pension Claims EX PARTE Mrs. Mary J. lawhon Applicant for Confederate Pension. Pending in the Honorable Commissioners Court of Smith County, Texas, before the Honorable County Judge of said County. The Honorable County Judge of smith 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 A. L. Stewart who reside in the County of Cherokee in the State of Texas 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 applicant's claim for pension in behalf of applicant; said testimony is material and indispensable to applicant in furnishing the required proof to her claim for a pension under the Act of May 12, 1899, 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 witness residing in the County of Smith and State of Texas, of which she is a bona fide resident. Mrs. Mary J. Lawhon (Applicant) ********************************************************************* ***************************** Direct Interrogatories to be Propounded to the Witness. AL Stewart 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 W. Y. Lawhon who is an applicant for pension under Act of May 12, 1899? Int. 3. How long have you known the said W. Y. Lawhon applicant for pension and when and where did you first know him? Int. 4. Do you personally know that the said W. Y. Lawhon 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 W. Y. Lawhon applicant, enlisted and served in the Confederate army? When? Where? 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 served? ********************************************************************* *********************************** EX PARTE Mrs. Mary J. Lawhon Applicant for Confederate Pension. Pending in the Honorable Commissioners Court of Smith County, Texas, before the Honorable County Judge of the said County. The Honorable County Judge of Smith 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 J. C. Conwill and -----who reside in the County------in the State of Texas in answer tot he following interrogatories and such cross interrogatories as may be produced by the County Judge of said County, which will be read in evidence upon the hearing of applicant's claim for pension in behalf of applicant; said testimony is material and indeispensible to applicant in furnishing the required proof to her claim for a pension under Act of May 12, 1899, 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 witness---residing in the County of Smith and State of Texas, of which he is a bona fide resident. Mrs. Mary J. Lawhon (Applicant) Attorney-----for Applicant ______________________________________________________________________ ____________ Direct Interrogatories to be Propounded to the Witness. J. C. Conwill 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 W. Y. Lawhon who is an applicant for pension under Act of May 12, 1899? Int. 3. How long have you known the said W. Y. Lawhon applicant for pension and when and where did you first know him? Int. 4. Do you personally know that the said W. Y. Lawhon 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 W. Y. Lawhon applicant, enlisted and served in the Confederate army? When? Where? 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 the said applicant for pension, is unable to support himself by labor of any sort? ______________________________________________________________________ ____________ CROSS INTERROGATORIES. To be Propounded to J. C. Conwill 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 W. Y. Lawhon serving in the same company or regiment in which you say the said applicant W. Y. Lawhon 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 W. Y. Lawhon applicant serving in the same command? If you say that you so knew other soldiers or sailors of the same name of apllicant's, then can you and how do you identify and locate the one from the other or others? Cross Int. 2. Are you positively certain that said W. Y. Lawhon applicant for pension, is the identical person serving as testified by you? Cross Int. 3. If you have answered Direct Interrogatory No. 6 in the affirmative, then please state your source of knowledge or information? Is not this your answer simply based on conjecture? Cross Int. 4 Do you know whether or not the said W. Y. Lawhon applicant for pension, ever deserted the service in the Confederate army or navy? ______________________________________________________________________ ____________ THE STATE OF TEXAS, County of ______________ I,_________________, County Judge of said County, in said State, do hereby waive 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 witness---may be attached hereto. ___________________________ County Judge______________County, Texas. __________________________ (Applicant) Attorney----for Applicant ***this section not filled out*** ______________________________________________________________________ ____________ In Re Application for Confederate Pension. In Commissioners Court, ________________County, Texas, Pending before the County Judge of said County. ________________________________ EX PARTE ________________________________ Applicant. ________________________________ INTERROGATORIES. Propounded To ________________________________ ________________________________ Witnesses. ________________________________ ***This section not filled out. ______________________________________________________________________ ____________ DEPOSITION IN PENSION CLAIMS, WITH CAPTION AND CERTIFICATES. EX PARTE Mrs. Mary J. Lawhon wife of W. Y. Lawhon Applicant for Confederate Pension. IN RE APPLICANT FOR CONFEDERATE PENSION Under Act May 12, 1899, pending in County Commissioners Court of Smith County, Texas, before the Honorable County Judge of said County. Answers and depositions of (1) J. C. Conwill Thomaston Post Office Texas to the accompanying interrogations (2) and cross interrogatories propounded to him in the above entitled cause taken before (3) Rudolph Kleberg, Jr., in accordance with the accompnaying (5)____________________. To the first interrogatory the said J. C. Conwill Witness, answers: 1st Int. My name is J. C. Conwill. I am 68 years old and my residence, Post Office Thomaston Texas. Int. 2nd. Yes. Int. 3rd. I knew him all my life. I knew him in Bibb County, Alabama. I knew him since 1855. Int. 4th. Yes. Int. 5th. He enlisted April 4th, 1862 in 44th Alabama Regiment-; Infantry, Volunteers. He enlisted at Randolph, Bibb County, Alabama. He enlisted in Company H; Captain Sneed; Col. Conley; Law's Brigade. He served approximately three years, until the close of war. He served in Virginia, Maryland, Pennsyvania, and Georgia. Answers of witness J. C. conwill to Cross Interrogatories. To the 1st Crosss-Inty, the witness answers: My knowledge is personal. I enlisted in the same Company & regiment & at the same time, we served continually together through the war. I never knew of any other soldiers by the smae name. To the 2nd Cross-Inty, the witness answers: Yes To the 3rd Cross-Inty, the witness answers: Nothing To the 4th Cross-Inty, the witness answers: I served through the war with him & therefore knew that he never diserted the service of the Confederacy. Subscribed and sworn to me, this 8th day of February, 1909 J. C. Conwill ______________________________________________________________________ ____________ THE STATE OF TEXAS COUNTY OF DEWITT I, Rudolph Kleberg, Jr., County Judge (Here give name and official character of officer before whom taken) DeWitt County, Texas do hereby certify that J. C. Conwill is personally know to me to be a credible citizen of said County and State, and that the foregoing answers of J. c. Conwill the witness before named, whose name appears signed to the foregoing deposition, were made before me and were sworn to and subscribed before me, by said witness (4) J. C.. Conwill. Given under my hand and official seal, this the 8th day of February, 1909. Rudolph Kleberg, Jr. County Judge, DeWitt County, Texas. Note--In Texas, any Clerk of the District Court, any Judge and Clerk of the county Court, or any Notary Public or Justice of the Peace, within their respective Counties, are authorized to take depositions. Out of the State and withink the United States--any Clerk of a Court of record having a seal, any Notary Public, Public, or any Commissioner of Deeds of Texas. ______________________________________________________________________ In the Commissioners Court of Smith County, Texas. Before the Honorable County Judge of said County. ______________________________________________________________________ EX PARTE Mrs. Mary J. Lawhon Applicant for confederate Pension ______________________________________________________________________ Deposition of J. C. Conwill Witness--for Applicant ********************************************************************* ********************************************************************* You are advised that it will be necessary for you to furnish additional proof, marked X with blue pencil. E. A. Bolwes ********************************************************************* ********************************************************************* SUPPLEMENT ______________________________________________________________________ Form B 16572 ______________________________________________________________________ The Commissioner of Pensions reserves the right to call for additional testimony if he deems it necessary. ______________________________________________________________________ Name of Applicant Mary J. Lawhon Smith County. Postoffice Troupe ___________________________________________________________________ Filed AUG 11 1909 Approved AUG 31 1909 Pension allowed from--- Rejected--- ______________________________________________________________________ ____________ Commisioner of Pensions ______________________________________________________________________ ____________ FORM B For Use of Widows of Soldiers Who are in Indigent Circumstances.......................... (Blue X) AFFIDAVIT OF WITNESSES (Note.-There must be at least two credible witnesses.) THE STATE OF TEXAS County of Smith Before me J. A. Bulloch, County Judge of Smith County, State of Texas, on this day personally appeared H. H. Hodges & J. R. Engledow, who are personally known to me to be credible citizens, who, being by me duly sworn, on oath state that they personally know the abovenamed applicant for a pension, and that they personally know that the said Mrs. Mary J. Lawhon has been a 'bona fide' resident citizen of the State of Texas since prior to march 1, A. D. 1880, and that they have no interest in her claim. (Signature of Witness) H. H. Hodges (Signature of Witness) J. R. Engledow Sworn to and subscribed before me, this 11th day of Aug, A. D. 1909 J. A. Bulloch County Judge Smith County, Texas (Seal) ......................................... CERTIFICATE OF STATE AND COUNTY ASSESSOR I, Mrs. G. W. Jarvis, State and County Assessor in the County of Smith, State of Texas, do hereby certify that Mrs. Mary J. Lawhon whose name is signed to the foregoing application for a pension, under the Act of the Thirty-first Legislature, approve March 26, A. D. 1909, is charged on the land and personal property rolls of the said county, in her name, or the name of a trustee, with estate, real, personal and mixed, at the assessed value of nothing dollars. Given under my hand, this 11th day of Aug., A. D. 1909 Mrs. L. T. Jarvis By Wm H Day Office Deputy ______________________________________________________________________