Nacogdoches Co. TX - PENSIONS - J. F. Peterson
Contributed by: Jon Peterson
Copyright 2003 All rights reserved.

Name of applicant: J. F. Peterson
County: Nacogdoches
Post Office: Garrison
Comptroller's File No.: 11059

I have carefully examined the within application for pension, together with the proof in support thereof, and I recommend that the application by Approved this 15th Day of September. A.D. 1905, E.A. Holmes Chief Pension Clerk

I hereby Approve the within application for pension, this 15 day of Sept. A.D. 1905; J. W. Stephens, Comptroller
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Note - The law provides that pensions can begin only on the first day Of April and October of each year.

FORM No. 1. Amended October 1, 1902

APPLICATION of Indigent Soldier or Sailor if 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 Nacogdoches
To the Honorable County Judge of Nacogdoches County, Texas.

Your petitioner, J.F. Peterson respectfully represents that he is a resident Of Nacogdoches 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.
Q. What is your name? Answer: J. F. Peterson
Q. What is your age? Answer: My age is 63 years
Q. In what County do you reside? Answer: Nacogdoches
Q. How long have you lived in said County and what is your post office address? Answer: I have resided in Nacogdoches Co. 40 yrs. P.O. Garrison, Texas
Q. Have you applied for a pension under the Confederate Pension Law heretofore, and been rejected? If so state when and where: Answer: I have not
Q. What is your occupation if able to engage in one? Answer: Farmer
Q. What is your physical condition? Answer: Bad, 2/3 of my time, I can not go and work in the fields.
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: Kidney or bladder affliction disqualifies me from labor.
Q. In what State was your command originally organized? Answer: Texas
Q. How long did you serve? Give date of enlistment and discharge. Answer: I enlisted in Rusk Co. Tex. May 10, 1862 and was discharged 30 or 31 of May 1865. I served 3 years-21 days in Confederate army.
Q. What was the name or letter of your of your company and name or number of your regiment? Answer: Company H, 19th Tex Infantry.
Q. State whether you 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: I have received 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: I own about 38 acres of land worth about $150.00, I own 1 horse worth $50.00, 2 cows worth $25.00
Q. What property, and what was the value thereof have you sold or conveyed within two years prior to the date of this application? I have sold none.
Q. What estate has your wife in her own right, real and personal, and what is its value? Answer: None except her community interest in the property above listed
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: I have not.
Q. Did you ever desert the Confederacy? Answer: I never did.
Q. Have you been continuously since the first day of January, 1880, a bona-fide resident citizen of this State? Answer: I have.
Q. If you originally enlisted in the Confederate service from the State of Texas, were you at the date of the passage of this act, a bonafide resident of the State of Texas? Answer: I was

Wherefore 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) J.F. Peterson
Sworn to and subscribed before me this 23 day of April A.D. 1903
(Seal)          Robert Berger
(seal)
         County Judge Nacogdoches, County, Texas
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AFFIDAVIT OF WITNESSES

{Note -- There must be at least two credible witnesses}
THE STATE OF TEXAS,
COUNTY OF Nacogdoches
Before me Robert Berger County Judge of Nacogdoches County, State of Texas, on this day personally appeared W.M. Collins and W.F. Prince who are personally known to me to be credible citizens, who being by me duly sworn on oath, state that they personally know J.F. Peterson the above named applicant for a pension, and that they personally know that the said J.F. Peterson 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) W.M. Collins (His mark)
(Signature of witness) W.F. Prince
Sworn to and subscribed before me this 24th day of April A.D. 1903
         Robert Berger
(seal)
         County Judge of Nacogdoches County, Texas




AFFIDAVIT OF PHYSICIAN
THE STATE OF TEXAS
County of Nacogdoches Before me ROBERT BERGER County Judge of Nacogdoches County, State of Texas, on this day personally appeared Dr. W.H. Campbell, who is a reputable practicing physician of this County, who Being by me duly sworn on oath, states that he has carefully and thoroughly examined J. F. Peterson 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: Chronic Cystitis

         (Signature of Physician) W.H. Campbell
Sworn to and subscribed before me this 23 day of April A.D. 1903
(SEAL)         County Judge Nacogdoches County, State of Texas
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CERTIFICATE OF COUNTY JUDGE

THE STATE OF TEXAS,
COUNTY OF Nacogdoches
I, Robert Berger County Judge of Nacogdoches County, State of Texas, do hereby certify that on the 11 day of July A.D. 1903, before me came on to be heard the application of J.F. Peterson for a pension under the Confederate Pension Law of this State, approved May 12, A.D. 1899; that the answers of said applicant tot he 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 hereinbefore appear, and that the foregoing affidavit of Dr. W.H. Campbell who is a reputable practicing physician of this County, was made before me. I also certify that the said applicant J.F. Peterson, 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 said J.F. Peterson, 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 Nacogdoches this 13 day of August A.D. 1903
         ROBERT BERGER
(SEAL)         County Judge of Nacogdoches County, State of Texas
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CERTIFICATE OF COUNTY COMMISSIONERS

THE STATE OF TEXAS
COUNTY OF Nacogdoches
We, the undersigned members of the Commissioners Court of Nacogdoches County, Texas, hereby certify that the foregoing application of J.F. Peterson for a pension together with the proof in support thereof, was duly submitted by Hon. Robert Berger County Judge of this Nacogdoches County, to the Commissioners Court of this Nacogdoches County, at a regular term thereof on the 13 day of August A.D. 1903 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 Nacogdoches this 13 day of August A.D. 1903
(Signature of Commissioners) J.W. Byrd
         J.P. Thomas
         R.L. Williamson
         L.L. Muckelroy




EX PARTE          | Pending in the Honorable Commissioners'
         || Court of Nacogdoches County, Texas,
J. F. PETERSON          |++ before the Honorable County Judge of
         | said County.
Application for Confederate Pension |


The Honorable County Judge of Nacogdoches County, Texas, will please take notice that, five days after the service hereof, applicant herein will apply to the Clerk if the County Court of said County And State, for a commission to take the depositions of J.D. Smith and W.H. Parrott who reside in the County of Rusk County in the State of Texas in answer to the following interrogatories and such cross-interrogatories as may be propounded by the County Judge if said County, which will be read in evidence upon the hearing if applicant's claim for pension in behalf of applicant; said testimony is material and indispensable to applicant in furnishing the required proof to his claim for a pension under the Act of May 12,1899, the application for which us now pending before the Honorable County Judge, and the facts necessary and required to be proven under the provisions if said act, applicant believes can not be proven by any witness Residing in the County of _________________ and State of Texas, of which he is a bona fide resident.

         James F. Peterson
         (Applicant,) Attorney for Applicant



DIRECT INTERROGRATORIES TO BE PROPOUNDED TO THE WITNESS


Int. 1. What is your name? Age? Present place of residence and post office address?
Int. 2. Do you personally know, or did you at any time know J.F. Peterson who is an applicant for pension under Act of May 1, 1899?
Int. 3. How long have you known the said J.F. Peterson applicant for pension, and when and where did you first know him?
Int. 4. Do you personally know that the said J.F. Peterson 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 J.F. Peterson, 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 J.F. Peterson, the said applicant for pension is unable to support himself by labor of any sort?



CROSS INTERROGATORIES

TO BE PROPOUNDED TO J.D. SMITH AND W.H. PARROTT
     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 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 J.F. Peterson serving in the same company or regiment in which you say the said applicant, J.F. Peterson, 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 J.F. Peterson applicant, serving in the same command?
     If you say that you knew other soldiers or sailors of the same name as applicant's, then can you and how do you identify and locate the one from the other or other's.
     Cross Int. 2 Are you positively certain that said J.F. Peterson, applicant for pension, is the identical person serving as testified by you?
     Cross Int. 3 If you answered Direct Interrogatory N0. 6 in the affirmative, then please state your source of knowledge or information? Is not this your answer simply based upon conjecture?
     Cross Int. 4 Do know whether or not the said J.F. Peterson, applicant for pension, ever deserted the service in the Confederate army or navy?

THE STATE OF TEXAS

County of NACOGDOCHES

     I Robert Berger, 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 named witness… maybe attached hereto.

         ROBERT BERGER


         County Judge.. Nacogdoches, Texas

         J.F. Peterson
         (Applicant) Attorney… for Applicant




Answers of W.H. Parrot to Interrogatories propounded to him before Robert Berger County Judge of Nacogdoches County, Texas on the Pension application for J.F. Peterson, pending before the Commissioners Court of Nacogdoches County.

In answer to the 1st Direct Interrogatory hereto attached witness answers:
1st: My name is W.H. Parrott. Post Office Garrison, Texas, My age is 59 years.
2nd Direct Interrogatory question answers: Yes, I know him well.
3rd Direct Interrogatory question answers: Ever since before the Civil War, I have been personally acquainted with him.
4th Direct Interrogatory question answer: I was not present when he enlisted, but I saw him in the Confederate Army performing the duties of a Confederate soldier.
5th Direct Interrogatory question answer: He was in Co. H, 19th Texas Infantry when I was with him. This was in December 1862 at Pine Bluff Arkansas and also at Camden also near Lake Providence, La. J.F. Peterson, the applicant, and myself were both captured by the Union soldiers, and were in prison together from the 1st or 2nd day of May 1864 until July 25, same year, we were captured by Bank's Army.
6th Direct Interrogatory question answer: I am acquainted with J.F. Peterson's financial and physical condition, and don't consider that he is financially or physically able to make a support.

1st Cross Interrogatory answer: The source of my knowledge is that I was with him, and saw him performing the duties of a Confederate prisoner with him. I did not know of any other person, serving in the Confederate Army by the name of J.F. Peterson, he is the person I am testifying about.
2nd Cross Interrogatory answer: Yes, I am certain that he is the identical person.
3rd Cross Interrogatory answer: I have been living a very near neighbor to him, ever since the late Civil War, and know his condition well. My answer is not based on conjecture.
4th Cross Interrogatory answer: He did not desert the army.

W.H. Parrott

I,Robert Berger, County Judge, Nacogdoches County, Texas. I do solemnly swear that the foregoing answers of the witness W.H. Parrott, was taken down by me, and that the same was signed and sworn to by said witness before me on this the 11th day of July 1903, Robert Berger County Judge of Nacogdoches County, Texas



Garrison, Nacogdoches County, Texas

CROSS INTERROGATORIES

To J.D. Smith in the case of J.F. Peterson for a Confederate Pension under the Act of May 12, 1899.

     Int. 1st. J.D. Smith Age 72. Rusk County Post Office in Caledonia.
     Int. 2nd. I knew J.F. Peterson before the war.
     Int. 3rd. Ever since 1858
     Int. 4th. Yes- he was in the same Company as myself.
     Int. 5th. Yes- he was in Co H, 19th Texas Infantry- He enlisted in May 1862 in Rusk County- 3 years and 20 days.
     Int. 6th. I do not know for certain as I have not lived a close neighbor to him in several years, but from his general appearance I would suppose he was not


     Cross Interrogatory 1. I did not know any other soldier named J.F. Peterson
     Cross Interrogatory 2. I do know he is the same J.F. Peterson
     Cross Interrogatory 3. I know from my own knowledge.
     Cross Interrogatory 4. No he did not.

STATE OF TEXAS, COUNTY OF NACOGDOCHES on this day personally appeared J.D. Smith personally known to me who upon oath says the above statement is just and true.
J.H. GARRISON
Notary Public for Nacogdoches County, Texas


Signed: J.D.Smith



COMPTROLLER'S DEPARTMENT
STATE OF TEXAS
AUSTIN


J.W. Stephens, Comptroller
John T. Smith, Chief Clerk
             April 29, 1904

Hon. Robert Berger,
Co. Judge, Nacogdoches Co.
Nacogdoches, Texas

Dear Sir:

     Referring to the application of J.F. Peterson for a pension, beg to advise that I have disapproved the same because Mr. Peterson is not believed to be indigent within the meaning of the law. See Sec. 2, Chap. CVII, Acts 26th Legislature.
     The application shows that he owns a farm of 38 acres of land, with sufficient stock to cultivate the same, and under the conditions prescribed in the law above referred to, I do not feel authorized to approve said application.

         Very respectfully,

         Signed: J.W. Stephens
         Comptroller
Bolmes-W



J.W. Stephens, Comptroller
John T. Smith, Chief Clerk




             April 29, 1904


To the Military Secretary,
War Department
Washington, D.C.

Dear Sir:

     I have the honor to request the military record of J.F. Peterson who is reported to have enlisted in Company H 19th Regiment, Texas 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,

         Signed: J.W. Stephens
         Comptroller
Bolmes-W


WAR DEPARTMENT
THE MILITARY SECETARY'S OFFICE
WASHINGTON, August 29, 1905

Respectively returned to
The Comptroller,

         State of Texas,
         Austin.

The records show that J.F. Peterson, Private, Company H, 19th Texas Infantry, C.S.A.. was enrolled May 10, 1862. A roll of the company for January and February, 1864 last on file, shows him present.

         The Military Secretary




To Whom It May Concern:

As the letter from the Comptroller, J.W. Stephens, stated, J.F. Peterson's application was denied. James Foy then wrote the following letter to Mr. Stephens stating the reasons that the application should be re-considered. James Foy's plea did indeed get his application re-considered. The application was approved, and he was granted Pension # 11059 on September 15, 1905.

There was one unseen factor however, for James Foy Peterson died on September 25, 1905.

His wife, Melvina Parrott Peterson applied for his pension

The letter that follows, is the appeal that James Foy wrote to the Pension Board to appeal his Pension Application that was denied when he had submitted it, because he was not indigent The spelling is as close to his writing as I could copy it.

Page 1

Garrison, Texas          April the 17th 1905

Hon. J.W. Stephens

Dear Sir: I rite you concerning my application for a pension which I made some time back of which Judge Berger rote you about in April 1904 to which you replide you had disapproved the same because I owned a farm of 38 acres of land with sufficient stock to cultivate the same. I t is true the application stated I owned 38 acres of Land and one horse

Page 2

I had owned 73 acres of land and had sold all but 38 acres which was hills and hollows and was heldoff till it was not worth cultivating and I had got through with the price I had gotten for that I had sold and I thought what I had left would be a home for me and wife as we had a house on it as I could not sell it for much by reference to the application you will see that the 38 acres house and all was valued at $200.

Page 3

and I thought it was better for us to keep it for a home then to have to be pulling a rund here and their. The witness testified I was not able to work and I am now down and can't do anything attall but I have two boys who have families of there own to provide for and then some good neibors who is keepe me up by their charity . If this don't place me in actual want and destitute of means of subsistence I do not know what would put me

Page 4

there. I know there is me who would obtain a pension who do not merit it but I never applide for one untill I thought I was in kneed of it. I will say here that the Wife I have spoke of is the same one I had in the time of the war and she is a few days older then I and I hear in appeal to you as an honorable officer of the Law to give my claims to a pension another consideration and oblige you.

             J.F. Peterson

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