Kansas History and Heritage Project-Atchison County

Atchison County Military
Pension Request of Abbie M. Peabody, Dependent Mother


UNITED STATES SENATE REPORT OF THE COMMITTEE ON PENSIONS
March 26, 1918
S. 3228:

Abbie M. Peabody is the dependent mother of James F. Peabody, who served as sergeant in Company L, Twenty-second Kansas Volunteer Infantry, in the War with Spain; he was enlisted May 13, 1898, and discharged September 19, 1898, for physical disability. namely, insanity. He was transferred to the Government Hospital for the Insane from Camp Alger, Va., July 2, 1898, and treated there to November 21, 1898. The record embraces considerable testimony to the effect that soldier, a mechanic, entered the service a sound young man, who incurred malaria and sunstroke in the service, resulting in derangement of nervous system and insanity, on account of winch he was discharged. After his discharge he never recovered his former good health, was somewhat broken mentally and suffered considerably from vertigo and was more or less disabled for work.

Soldier himself applied for pension December 18, 1898, and his claim was legally approved for sunstroke and resulting derangement of the nervous system and insanity, but was medically rejected on the ground that a pensionable degree of disability was not shown from such complaints since date of filing, notwithstanding two boards of surgeons recommended a rate on results of sunstroke.

The mother filed claim for pension January 15, 1916 (No. 1058821) alleging that her soldier son died December 28, 1907, the result of fall from building, due to vertigo, caused by sunstroke. The claim was rejected on the ground that soldiers death is not accepted as due to vertigo, result of sunstroke incurred while in service, but if due to same, contributory negligence on the part of soldier can not be eliminated.�

It is in evidence that the son was a good soldier and that he was� steady, quiet, and industrious young man of good habits and worked as far as his health permitted him to do so. It seems clear that he was afflicted with dizzy spells and vertigo as a result of sunstroke incurred in line of duty and there is but little doubt that in one of his attacks he fell while at work which resulted in his death. A full statement of the case is contained in the evidence filed with the committee and which we make a part of this report.

The mother is now well advanced in years and in destitute circumstances. Her husband, the father of the soldier, is a helpless invalid and unable to contribute in any way to her support. Soldier was never married and lived at home with his parents and did all he could in their behalf and without doubt would have been their mainstay in their old age.

Your committee, impressed with the merit of the case, report the bill favorably with recommendation for pension at $12 per month, which is the amount the mother would have received had her claim been allowed at the Pension Bureau.

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Note: below are some of the affidavits submitted to support Mrs. Peabody's claim:


STATE OF KANSAS,
Atchison County, Kas:

I, E. P. Greene, of lawful age, being duly sworn, on oath say that I am the same person as Emmett P. Greene, who served as captain of Company L, Twenty-second Kansas Volunteer Infantry, during the War with Spain, being mustered in during the month of May and mustered out in November, 1898. I knew James F. Peabody, who was a sergeant in my company. He was known as Frank Peabody, and, as a soldier, he was one of the best in my company, always cheerful and attentive to duty.

The duties at Camp Alger were very strenuous. We were at drill fully five hours per day, and the weather was very hot in June and July. One afternoon, while on battalion drill, Sergt. Peabody was acting as right guide of the company, and the first thing I noticed wrong was that Sergt. Peabody did not properly respond to my commands, and it was necessary for me to personally direct the right guide. This naturally made some confusion, which was noticed by Maj. Harvey, who was in command of the battalion, and we sent Sergt. Peabody to his tent with an escort. I think it was the next day he was sent to the hospital. I think it was one or two Sundays later that I called at the hospital to see Frank and found him mentally in bad shape, as well as physically.

I did not see him again until after the regiment was mustered out. I saw him occasionally after that, and on several occasions he told me that he had never been the same, physically, since.

I am satisfied that it was the extreme heat on drill in Camp Alger that was the cause of his sickness and, finally. the direct cause of his death. Frank Peabody never appeared the same strong, healthy boy he was when he left Atchison with me in the spring of 1898. He took on more flesh, but never appeared the same to me.

I sincerely hope the petition of Mrs. Peabody may be granted, as it certainly comes under the spirit of the law granting pensions to dependent relatives.
br> B. P. Greene

Subscribed and sworn to before me this 18th day of March, 1916.
[seal] J. P. Adams,
Notary Public.

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STATE OF KANSAS,
County of Atchison, ss:

Before me, a notary public in and for said county and State. personally appeared Dr. S. M. Riggs and Dr. L. N. Plummer, reputable physicians, who, being duly sworn. state that they were personally acquainted with Frank J. Peabody since his babyhood until the day of his death; and that before he enlisted as sergeant in Company L, Twenty-second Regiment Kansas Volunteer Infantry, in Spanish War was in perfect health and in possession of all his mental powers; and that on his discharge from United States service was mentally and physically wrecked by reason of sunstroke received while in United States service. The principal symptom was vertigo. one of the resulting symptoms of serious sunstroke. This followed him through life and was the primary cause of his death. They further certify that they are personally acquainted with George Peabody and Abigail Peabody-the father and mother of said soldier-and know them to be both financial and physical wrecks by reason of chronic paresis of brain and cardiac weakness; and that their sole dependence for a living was on the labor of their son, the said deceased soldier.

S. M. Riggs, M. D.
Dr. L. N. Plummer.

Subscribed and sworn to before me this 23rd day of March, 1916.
[SEAL] H. M. TURNER, Notary Public.

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State of Kansas,
County of Brown, ss:

Harlan R. Belden, a resident of Horton, Brown County, State of Kansas, being�first duly sworn according to law, deposes and says as follows:
That he was well acquainted with Frank Peabody, who was working as a carpenter on the house of Charles E. Belden, near Horton, Kans.; that said Frank Peabody, while working on house of Charles E. Belden on December 27, 1907, was suddenly taken ill with dizzy spell; that he was subject to these dizzy spells and had them quite often; that when this dizzy spell came on him he fell from scaffold to the ground and was injured; and that from the effects of such injury said Frank Peabody died on December 28, 1907, at the home of Charles E. Belden, near Horton, Kans.

Further affiant saith not.

HABLAN R. BELDEN.

Subscribed and sworn to before me this 7th day of November, 1917.
[SEAL] F. J. Henney,
Notary Public in and for Brown County, Kans.

_________________________________________

HORTON, KANS., October 1, 1917.

I hereby certify that I attended Frank Peabody at the residence of Charles Belden, about 3 miles southwest of Horton, on December 28, 1907, finding him completely unconscious and with the history of having fallen from a building on which he was working the previous day. Had gone to town, consulted a physician, and returned to the neighborhood before becoming unconscious. My recollection is that he was dying when I saw him, and dissolution occurred shortly after my visit.

L. REYNOLDS, M. D.

Subscribed and sworn to before me this 1st day of October, 1917.
[SEAL] A. J. BURNS, Notary Public.

_________________________________________

I, H. M. Turner, of lawful age, being duly sworn, on oath say:
That I am a resident of Muscotah, Kans, and have been for the past six years; that during that time I have been engaged in the banking business; that I am well acquainted with Abbie M. Peabody and her family; and I know that she is without means of support other. than her own efforts; and that on account of her age and her physical condition that may be counted as nothing. She is dependent on a few chickens and her receipts from the sale of milk from one cow. It is true that she has a home, but there is mortgage on the home, and I feel sure that she will never be able to pay this mortgage.

I did not know her son James F. Peabody myself, but from others have learned that he made his home with his mother, Abbie M. Peabody, and that he was an industrious man and her strength and support when his health permitted.

I am sure that Mrs. Peabody will be an object of charity in a very short time unless she receives relief from some source, as her resources are gradually being reduced as well as her physical strength, and in addition she has a husband who is a semi-invalid and has been failing very fast for the past two years.

H. M. Tumer

Subscribed and sworn to before me this 23d day of March, 1916.
[SEAL] - R. A. ALLISON, Notary Public.





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