JACOB CONRAD SMITH, PRIVATE, COMPANY "C" 133rd WEST VIRGINIA MILITIA. DIED AT ANDERSONVILLE PRISON MARCH 16, 1864. PENSION APPLICATION OF ELIZABETH R. (WILLOUGHBY) SMITH, WIDOW. Transcribed by Linda Cunningham Fluharty, LCFlu@aol.com (Jacob C.--> George C.--> Orval Allen--> Ruth Essie Smith --> Linda) ---------------------------------------------------------------------- No. 165.278 Act of July 1862 ELIZABETH R. SMITH, UPSHUR CO., WVA, WIDOW OF JACOB C. SMITH. PRIV. C. 133d WVA DIED AT ANDERSON: P.G. MAR. 16, 1864 Pension Office, Respectfully referred to the Adjutant General, for official evidence of service and death. Joseph H. Barrett, Commissioner. Received, Sept. 14, 1868. Chls. Mollohan. Gallipolis, Ohio, Attorney. (Stamped REJECTED - ABANDONED) --------------------------------------------------------------------------- The State of West Virginia, Adjutant General's Office, Wheeling, MARCH 11th, 1868 I certify that the name of JACOB C. SMITH, (A PRIVATE) is borne upon the Muster of Co. C., 133rd Regiment West Virginia Militia as having been enrolled on the NINETEENTH day of AUGUST 1862, and mustered into the STATE service on the SIXTEENTH day of SEPTEMBER 1862. Upon THE RECORDS OF THE SAID COMPANY on file in this office, the above named JACOB C. SMITH is reported as having been captured by the rebels at CENTREVILLE WVA on the TWELFTH day of SEPTEMBER 1863 AND DIED IN REBEL PRISON AT ANDERSONVILLE, GA ON THE 16th DAY OF MARCH 1864. I FURTHER CERTIFY THAT ELIZABETH R. SMITH, REPRESENTATIVE OF SAID JACOB C. SMITH, WAS PAID THE SUM OF SEVENTY-NINE DOLLARS AND SEVENTY-THREE CENTS ($79.73) BY THE STATE OF WEST VIRGINIA ON ACCOUNT OF THE SERVICES OF THE DECEASED. J. H. Dural(?) Adjutant General ----------------------------------------------------------------------------- State of West Virginia County of UPSHUR On this 29th day of AUGUST A.D. 1868, personally came before me JACOB WAUGH CLERK OF THE CIRCUIT COURT within and for said County and State ELIZABETH R. SMITH who being by me duly sworn (as the law directs,) declares that she is an applicant for the increase of Pension provided by the Second Section of the act of Congress of July 25, 1866, on account of being the mother of the following named children, to-wit: CHARLES W., GEORGE C., MANDA B., JACOB W. SMITH who are the children of JACOB C. SMITH her late husband who was a PRIVATE in Company "C" of the 133 Regiment of WEST VIRGINIA STATE MA in the war of 1861. She further swears that she has not married since the death of her said husband nor abandoned the support of any one of their Children under sixteen years of age, nor permitted any one for whom increase is claimed to be adopted by any person or persons, and that they are the only legitimate Children of herself and her deceased husband now living. She further swears that she knows of no Baptismal, or other public record of the birth of her said Children, and the best testimony she can offer is THE SWORN STATEMENT OF PERSONS WHO WERE PRESENT AT THEIR BIRTH. Signed: ELIZABETH R. SMITH Witnesses: JACOB WAUGH & RANDOLPH SEE ----------------------------------------------------------------------------- State of West Virginia UPSHUR County On this 29th day of AUGUST 1868, personally appeared before me JACOB WAUGH Clerk of the Circuit Court in and for the County and State aforesaid ELIZABETH R. SMITH, a resident of -, in the County of UPSHUR, in the State of WEST VIRGINIA aged 34 years, who being duly sworn, makes the following declaration in order to obtain the benefit of the provision made by the second section of the Act of Congress, increasing the Pensions of Widows and Orphans, approved July 25, 1866. That she is the widow of JACOB R. SMITH who was a PRIVATE in Company "C", commanded by CAPT GOULD, in the 133rd Regiment of WEST VIRGINIA STATE MILITIA in the war of 1861 and that by reason of his death in the service aforesaid she MADE HER APPLICATION UNDER THE ACT OF JULY 14th 1862 bearing date 29th AUGUST 1868. She further swears that she has the following named children of her deceased husband and herself under sixteen years of age, who are now living; the date of whose births were as given below, to-wit: 1. CHARLES W. SMITH born MAY the 18th 1856. 2. GEORGE C. SMITH born OCTOBER the 17th 1857. 3. MANDA B. SMITH born MAY the 6th 1860. 4. JACOB W. SMITH born SEPT 24th 1862. She further declares that the above are all of the living children of her said husband who ere under the age of 16 years at the passage of said act, and that she has not re-married since the death of her said husband nor has she abandoned the support of any one of the children above named, nor permitted any one of the same to be adopted by any other person or persons as his, her, or their child, and that she hereby appoints CHAS. MOLLOHAN, of Gallipolis, Ohio, her Attorney to prosecute this claim, and receive the certificate to be issued. My Post Office address is SAGO, UPSHUR CO WVA Signed ELIZABETH R. SMITH Also appeared JULIA SEE and MARY J. TOWNSEND residents of UPSHUR COUNTY, WVA, persons whom I certify to be respectable and entitled to credit, and who being by me duly sworn, say that they were present and saw ELIZABETH R. SMITH sign her name to the foregoing declaration; and they further swear that they have every reason to believe, from the appearance of the applicant, and their acquaintance with her, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. Signed by JULIA LEE & MARY J. TOWNSEND Witnesses: JACOB WAUGH & RANDOLPH SEE 29th day of AUGUST 1868. -------------------------------------------------------------------------- WIDOW'S CLAIM FOR PENSION State of West Virginia County of UPSHUR On this 29th day of AUGUST 1868, personally appeared before me, a CLERK of a Court of Record in and for the County and State aforesaid ELIZABETH R. SMITH a resident of -- in the County of UPSHUR and State of WEST VIRGINIA aged 32 years, who being duly sworn, makes the following declaration, in order to obtain the Pension provided by the Act of Congress approved July 14, 1862. That she is the widow of JACOB C. SMITH who was a PRIVATE in Company "C" commanded by CAPTAIN GOULDS in the 133 Regiment of WEST VIRGINIA STATE MILITIA in the War of 1861; that her maiden name was ELIZABETH R. WILLOUGHBY and that she was married to said JACOB C. SMITH on or about the 7th day of OCTOBER 1854, in the County of UPSHUR and State of West Virginia by Rev W. LYDA and that she knows of no record of evidence of said marriage BUT BELIEVES IT MAY BE FOUND IN SAID UPSHUR COUNTY RECORDERS OFFICE. She further declares that said JACOB C. SMITH her husband, died in the service of the United States at ANDERSONVILLE PRISON in the State of GEORGIA on or about the 16th day of MARCH 1864, of IMPRISONMENT AND DISEASE WHILE SUCH PRISONER. She also declares that she has remained a widow ever since the death of said JACOB C. SMITH and that she has not in any manner been engaged in, or aided or abetted, the rebellion in the United States; and she hereby appoints CHARLES MOLLOHAN OF GALLIPOLIS, OHIO as her lawful Attorney, with power of substitution, and authorizes HIM to present and prosecute this claim, and to receive her pension certificates. The following ARE the names, dates of birth and places of residence of all the children of her deceased husband who were under sixteen years of age at the time of his death. CHARLES W. SMITH was born MAY the 18th AD 1856. GEORGE C. SMITH was born OCTOBER the 17th AD 1857. MANDA B. SMITH was born MAY the 6th AD 1860. JACOB W. SMITH was born SEPT the 24th AD 1862. My Post Office address is: SAGO UPSHUR COUNTY WEST VIRGINIA Signed by ELIZABETH R. SMITH Witnesses: Randolph See & Jacob Waugh Also appeared JULIA SEE and MARY J. TOWNSEND residents of UPSHUR COUNTY, WVA, persons whom I certify to be respectable and entitled to credit, and who being by me duly sworn, say that they were present and saw ELIZABETH R. SMITH sign her name to the foregoing declaration; and they further swear that they have every reason to believe, from the appearance of the applicant, and their acquaintance with her, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. Signed by JULIA LEE & MARY J. TOWNSEND ----------------------------------------------------------------------------- State of West Virginia County of UPSHUR On this 31st day of AUGUST A.D. 1868, before the undersigned JACOB WAUGH CLERK OF THE CIRCUIT COURT within and for the County and State aforesaid, personally appeared NANCY J. DOUGLASS of lawful age, a resident of the county of UPSHUR and State WEST VIRGINIA, who being duly sworn according to law, declares that she is and has been for TWELVE years past acquainted with the family of JACOB C. SMITH deceased, with whom also affiant was well acquainted in his life time, and who at the time of his death was a resident of the county of UPSHUR in the State of WEST VIRGINIA; affiant further states that she well knew GEORGE C. SMITH minor child of the above named JACOB C. SMITH deceased by Mrs. ELIZABETH R. SMITH WHO IS NOW AN APPLICANT FOR PENSION in the county of UPSHUR in the State of West Virginia that the aforesaid Minor child was born at the date and place as follows, to-wit: GEORGE C. SMITH WAS BORN OCTOBER 17th 1857 IN THE COUNTY OF UPSHUR AND STATE OF WEST VIRGINIA which facts of dates and places of birth, affiants testifies to from personal knowledge; affiant further states that SHE was present in the room and was an eye witness to the birth when it took place, and acted as ASSISTANT TO MIDWIFE in the accouchement of the mother of said child -. Mrs. ELIZABETH R. SMITH who was the accredited wife of the said JACOB C. SMITH deceased and reputed father of the aforesaid minor child and was by him owned and acknowledged as his child; and was so reputed by his friend and neighbors, who was formerly a PRIVATE in Company "C" of the 133 Regiment of WEST VIRGINIA STATE MILITIA in the war of 1861, and that affiant has no interest whatsoever in making this affidavit, but does it at the request of THE SAID ELIZABETH R. SMITH. Signed by NANCY J. DOUGLASS Witnessed by JACOB WAUGH 31st day of AUGUST A.D. 1868 ------------------------------------------------------------------------------ State of West Virginia County of UPSHUR On this 29st day of AUGUST A.D. 1868, before the undersigned JACOB WAUGH CLERK OF THE CIRCUIT COURT within and for the County and State aforesaid, personally appeared JANE A. FREEL of lawful age, a resident of the county of UPSHUR and State WEST VIRGINIA, who being duly sworn according to law, declares that she is and has been for EIGHT years past acquainted with the family of JACOB C. SMITH deceased, with whom also affiant was well acquainted in his life time, and who at the time of his death was a resident of the county of UPSHUR in the State of WEST VIRGINIA; affiant further states that she well knew JACOB W. SMITH minor child of the above named JACOB C. SMITH deceased by Mrs. ELIZABETH R. SMITH WHO IS NOW AN APPLICANT FOR PENSION in the county of UPSHUR in the State of West Virginia that the aforesaid Minor child was born at the date and place as follows, to-wit: JACOB W. SMITH WAS BORN ON OR ABOUT THE 21 DAY OF SEPTEMBER 1862. IN THE COUNTY OF UPSHUR AND STATE OF WEST VIRGINIA which facts of dates and places of birth, affiants testifies to from personal knowledge; affiant further states that SHE was present in the room and was an eye witness to the birth when it took place, and acted as AID TO MIDWIFE in the accouchement of the mother of said child -. Mrs. ELIZABETH R. SMITH who was the accredited wife of the said JACOB C. SMITH deceased and reputed father of the aforesaid minor child and was by him owned and acknowledged as his child; and was so reputed by his friend and neighbors, who was formerly a PRIVATE in Company "C" of the 133 Regiment of WEST VIRGINIA STATE MILITIA in the war of 1861, and that affiant has no interest whatsoever in making this affidavit, but does it at the request of THE SAID ELIZABETH R. SMITH. Mark of JANE A. FREEL Witnessed by LOYAL U. McAVOY 29th day of AUGUST A.D. 1868 --------------------------------------------------------------------------------- State of West Virginia County of UPSHUR On this 31st day of AUGUST A.D. 1868, before the undersigned JACOB WAUGH CLERK OF THE CIRCUIT COURT within and for the County and State aforesaid, personally appeared AMARYLLIS YOUNG of lawful age, a resident of the county of UPSHUR and State WEST VIRGINIA, who being duly sworn according to law, declares that she is and has been for OVER NINE years past acquainted with the family of JACOB C. SMITH deceased, with whom also affiant was well acquainted in his life time, and who at the time of his death was a resident of the county of UPSHUR in the State of WEST VIRGINIA; affiant further states that she well knew MANDA B. SMITH minor child of the above named JACOB C. SMITH deceased by Mrs. ELIZABETH R. SMITH WHO IS NOW AN APPLICANT FOR PENSION in the county of UPSHUR in the State of West Virginia that the aforesaid Minor child was born at the date and place as follows, to-wit: MANDA B. SMITH WAS BORN ON OR ABOUT THE 6th DAY OF MAY 1860 IN THE COUNTY OF UPSHUR AND STATE OF WEST VIRGINIA which facts of dates and places of birth, affiants testifies to from personal knowledge; affiant further states that SHE was present in the room and was an eye witness to the birth when it took place, and acted as ASSISTANT TO MIDWIFE in the accouchement of the mother of said child -. Mrs. ELIZABETH R. SMITH who was the accredited wife of the said JACOB C. SMITH deceased and reputed father of the aforesaid minor child and was by him owned and acknowledged as his child; and was so reputed by his friend and neighbors, who was formerly a PRIVATE in Company "C" of the 133 Regiment of WEST VIRGINIA STATE MILITIA in the war of 1861, and that affiant has no interest whatsoever in making this affidavit, but does it at the request of THE SAID ELIZABETH R. SMITH. Signed by AMARYLLIS YOUNG Witnessed by JACOB WAUGH 1st day of SEPTEMBER A.D. 1868 --------------------------------------------------------------------------- State of West Virginia County of UPSHUR On this 31st day of AUGUST A.D. 1868, before the undersigned JACOB WAUGH CLERK OF THE CIRCUIT COURT within and for the County and State aforesaid, personally appeared MARTHA LUNESFORD of lawful age, a resident of the county of UPSHUR and State WEST VIRGINIA, who being duly sworn according to law, declares that she is and has been for OVER THIRTEEN years past acquainted with the family of JACOB C. SMITH deceased, with whom also affiant was well acquainted in his life time, and who at the time of his death was a resident of the county of UPSHUR in the State of WEST VIRGINIA; affiant further states that she well knew CHARLES W. SMITH minor child of the above named JACOB C. SMITH deceased by Mrs. ELIZABETH R. SMITH WHO IS NOW AN APPLICANT FOR PENSION in the county of UPSHUR in the State of West Virginia that the aforesaid Minor child was born at the date and place as follows, to-wit: CHARLES W. SMITH WAS BORN MAY 18th 1856 IN THE COUNTY OF UPSHUR AND STATE OF WEST VIRGINIA which facts of dates and places of birth, affiants testifies to from personal knowledge; affiant further states that SHE was present in the room and was an eye witness to the birth when it took place, and acted as ASSISTANT TO MIDWIFE in the accouchement of the mother of said child -. Mrs. ELIZABETH R. SMITH who was the accredited wife of the said JACOB C. SMITH deceased and reputed father of the aforesaid minor child and was by him owned and acknowledged as his child; and was so reputed by his friend and neighbors, who was formerly a PRIVATE in Company "C" of the 133 Regiment of WEST VIRGINIA STATE MILITIA in the war of 1861, and that affiant has no interest whatsoever in making this affidavit, but does it at the request of THE SAID ELIZABETH R. SMITH. Mark of MARTHA LUNESFORD Witnessed by JACOB WAUGH 1st day of SEPTEMBER A.D. 1868 --------------------------------------------------------------------- State of West Virginia UPSHUR COUNTY I, ISAIAH M. BENNETT, Recorder in and for said county and state in whose custody are the records of Marriages for said county, do certify that it appears of record in my said office that JACOB C. SMITH and ELIZABETH WILLOUGHBY were joined in marriage in said County on the 7th day October 1854 by Rev. A. J. LYDA. In testimony whereof I hereunto set my hand and seal of my said office this 2d of September 1868. I. M. Bennett Recorder Upshur County West Virginia.