Eliza Spain's Pension for Stoax S. Spain

I C.C. Harris Clerk of the Circuit Court in and for said Co. & state do hereby certify that the foregoing is a true and correct copy of an order issued by Maj. Genl Rousseau Comd'y District of Middle Tenn H'dqrs at Nashville, Tenn dated June 30, 1865

On this fourteenth day of March A.D. 1867, personally appeared before the County & State aforesaid, Eliza Spain of Houston in the County of Winston and State of Alabama aged thirty years, who being first duly sworn accordingly on her oath make the following declaration, in order to obtain the benefit of the provisions made by the Act of Congress approved July 14th 1862, that she is the widow of Storax S Spain who was a Private in Company H commanded by Capt. Joseph Ford in the 1st Fed Regiment of Ala Vol. Calvary in the War of 1861, who died of Typhoid Fever & Pneumonia on the 25th day of Aug 1865 near Moulton, Ala. There having been contracted while my late husband was in the discharge of his duty with his company & Regiment. His company rolls his mared as a deserter, Enclosed find S.O. H154 2nd Dist Mid Tenn Stating that he was erroneously so reported and restoring him without loss of pay. My maiden name was Eliza Harper by my late husband mother of the following children under 16 yrs of age and still living, to wit Pensia J Spain, born Aug 10 1856. Samuel D. Spain born Oct 12, 1858, Mary E Spain born Dec 27, 1859 Mima R. Spain born Mar 10 1861 Charlotte M. Spain born Aug 10, 1862 Frances E Spain born May 10 1864.

She further declares that she was married to the said Storax S. Spain on the sixteenth day of September in the year 1855; that her husband, the aforesaid Stoax S. Spain died on the day mentioned above and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed declares that she has not, in any manner, been engaged in, or aided or abetted the rebellion in the United States.

Also, personally appeared F. L. Cramer and D.R. Snelling residents of Lawrence and Morgan Counties Ala persons whom I know as respectable and entitled to credit, and who being by me duly sworn, say that they were present and saw Eliza Spain make mark to the foregoing declaration; and they further swear and 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, and are not related to the applicant.

Sworn to and subscribed before me this Fourteenth day of March A.D. 1867 and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim. Contents of the atune (?) were read to and understood by claimant before making her mark or taking oath to the same.

(signed) J. H. Howard, Judge of Probate

I hereby authorize Bigelow and Co. No 474 Fourteenth Street, Washington DC , Attorneys in act, to present the foregoing claim, and to receive and receipt for, in my name and stead the money the certificate, or warrant under it.

In the matter of the Pension Claim of Eliza Spaine widow of Storic S. Spain Co. L, 1st Reg't Ala Vols., personally came before me, a Clerk Cir, Court in and for the aforesaid County and State, A. M. Looney, of Winston, County of (blank), State of Alabama, who being duly sworn, declares in relation to the aforesaid claim that his age is 24 years; that he is the indentical person who served as Sergent in Co. I, 1st Reg't Ala Cav Vols. and know the above soldier, who was a member of Co. L, Reg't 1st ; that on or about the (cant read) July 1865, while in the line of duty, and without fault or improper conduct on his part, at or near Nashville, State of Tennessee, said soldier incurred fatal disease from his own assensions and appearances he had contracted a fever an I am Leurking (?) deseas whitah at the time of said assension had not at that in the above states time have not fully developed itself publy caused from Exposure from scouting though the mountainous country though , ther pressing winter been the army under orders and Leave of absents of (?) George E, Spencer comining (sic) (?) Ala. Reg of cav - US Vol. I saw him in Nashville at on about the time Stat---(?) alave (?) he taked me he ever than for the purpos (sic) of being mustered out vest )?) of the Service and complaineded of a violent pains in his head and has sum (sic) fever and appeared to be vary ilding and said he did not no whether he could or munla be able to return to Decatur or Mooresville Ala or Not - I returned to Huntsville Ala and in a few days I learned he had died from Tom of (?) exsens he truss all appearance of him a sound man before this time for is mans he and ever the fever contact I new of.

Sir:

I have the honor to acknowledge the receipt from your Office of application for Pension

No. 146697, and to return it herewith, with such information as is furnished by the files of this Office.

There is no evidence on file in this Office that Stoax S. Spain was enrolled and mustered into service in Co. H, 1st Regiment of Ala. Cav. Volunteers. But on the Muster Roll of Co. H. of that Regiment, for the months of Sept and Oct 1864, there is the following evidence of service. Storex S. Spain is reported "A Private Deserated date of desertion not stated - No evidence of death on file in this office.

I am Sir: very respectfully, Your obedient servant,

Sam Breck, Assistant Adjutant General

The commander of Pensions refers evidence and request that if sufficient a new report, as called for by Circ 16 from his Office of May 24, 1867 be sent

Pension Office

Washington D.C.

Sept 26, 1867

The within papers an resepectfully referred to the Adj. Gen'l W.S.A. with the request that of the evidence is satisfactory he will send a new report of the soldier called for by Cir 16 of this office dated May 24, 1867

Respectfully, H.C. Lanck, for Commission

I have the honor to acknowledge the receipt from your Office of application for

Pension No. 146697, and to return it herewith, with such information as is

Furnished by the files of this Office.

It appears from the Rolls on file in this Office, that Storex S. Spain was enrolled on the 10th day of October 1863, at Glendale, Miss in Co. H, 1st Regiment of Ala Calvary Volunteers, to serve one year, or during the war, and mustered into service as a Pvt. from the 10th day of October 1863, at Glendale, Miss, in Co. H, 1st Regiment Ala Cav. Volunteers, to serve 1 year or during the war. On the Muster Roll of Co. H of that Regiment, for the months of Sept and October 1864, he is reported Pvt. no evidence of death on file, Investigation family to elicit any further information in this case.

I am Sir, very respectfully, your obedient servant,

Sam Breck, Assistant Adjutant General

Rebecca Spain, mother
Affidavit proving the birth of the minor children of
Storax S. Spain, dec'd
late Private Co. H 1st Reg't Ala Cav.
Stoax Shundy Spain born August 23rd 1836
Elisa Harper born January 17th 1836
Stoax S. Spain and Elisa Harper were married in Marion County, Alabama
September 15, 1855
Their children
Pensia Jane Spain, born August 10th 1858 in
Winston County, Ala, Byler Beat
Samuel Davis Spain, born October 12th 1858
Winston County, Ala, Byler Beat
Mary Elizabeth Spain, born December 27th 1859
Winston County, Ala, Byler Beat
Mima Rebecca Spain, born 1st of March 1861
Winston County, Ala, Byler Beat
Charlotte Melvina Spain, born 10th August 1862
Frances Spencer Spain, born 10th May 1864
Winston County, Ala, Byler Beat

To any Judge, Minister, of the Gospel, or Justice of the Peace legally authorized

you are hereby authorized and required to solemnize the rites of matrimony between Storex Shaudy Spain and Eliza Hopper agreeably to the Statute made and provided and a due return make to the office of the Judge of Probate for the County aforesaid.

Given under my hand this 14th day of September in the year of our Lord 1855.
(signed) John D, Terrell, Judge of Probate

I hereby certify that I did solemnize the rites of matrimony between named parties this 16th day of September 1855, at the residence of George Hopper in Marion County, Ala.
(signed) John Loden, Justice of the Peace

The State of Alabama
Marion County

I John D. Terrell, Judge of the said County certify that the foregoing is a full true and correct transcript of the marriage license, and certificate of marriage an the same Storix Shaudy Spain & Eliza Hopper as is evident and shown by the original license now on file in my office, and that the said John Loden, was at the time of so solemnizing the rites of said marriage, a lawfully acting Justice of the Peace in said County.

Given under my hand and the seal of said court at office the 12th March 1869
(signed) John D. Terrell, Judge of Probate

On this 27th day of August A.D. 1869, personally appeared before me a Judge of the Probate Court in the County of Winston and state of Alabama, John Phillips and Robert E. Davis residents of the County and State aforesaid, persons to me well Known to be of respectability and truth and after being first duly sworn by according to law, says on there oath that they are well acquainted with Mrs. Eliza Spain who is a resident of Houston in the County of Winston and state of Alabama, and who to there certain knowledge is now the widow of Stoax S. Spain, deceased late Private Co. H, 1st Regt Ala Cavy Vols, who to there certain died at Moresville Alabama, on or about the 28th of July A.D. 1865 of intermitten (sic) or Conjestive (sic) fever, they further state that they are enabled to state the facts as to the death of the above mentioned Stoax S. Spain by being personally present and saw him depart this life and were present at the burial of the aforesaid Spain, these facts they know to be true and that they make this affidavit as simple act of Justice and nothing further having no interest in so doing whatever. (signed) John W Phillips
(signed Robert E. Davis

Sworn to and subscribed before this 27th day of August A.D. 1869 and I certify that the foregoing affidavit were read over and explained to and understood by affiant before the signing and execution thereof, and I further certify that I have no interest in this matter whatever.
(signed) James Hilton, Judge of the Probate Court

ADDITIONAL EVIDENCE
State of Alabama
Winston County

On this 29th day of May 1869, personally appeared before me a Judge of the Probate Court in and for said County and State, Eliza Spain, who being first duly sworn, on her oath doth depose and say, that she is the identical Eliza Spain widow of Storax Spain deceased, who was a Private in Co. H 1st Regiment Alabama Calvary Volunteers; that she has made application for Pension under the provisions of the Act of July 14, 1862, which said claim is numbered, in the pending claims at the Pension Departament at Washington, D.C. 146697; that in order to obtain the benefits of the provisions of the second section of the act entitled "An act inceasing the Pensions of Widows and Orphans, and for other purposes," approved July 25, 1866, she further declares that she has not remarried since the death of her husband, but to this date remains his widow; and that the following are the names and dates of birth of all the children, under sixteen years of age, of the said deceased soldier and this deponent, viz:

Pensia J. Spain born on the 10th day of August 1856
Samuel D. Spain born on the 12th day of October 1858
Mary E. Spain born on the 27th day of December 1859
Mima R. Spain born on the 1st day of March 1861
Charlotte M. Spain born on the 10th day of August 1862
Frances C. Spain born on the 10th day of May 1864

She further declares that her said husband had never been previously married, And that She, the claimant, has never abandoned the support of any one of the above named children under sixteen years of age, not permitted any one of them for whom increase is claimed to be adopted by any person or persons whatever; that they are the only legitimate children of herself and her deceased husband, now living; and that they reside with her at Houston, Winston County, State of Alabama
(signed) Eliza (her mark) Spain

Also personally appeared William Dodd Jr. and Carroll Dodd of Larissa in the County of Winston and State of Alabama persons known to me as respectable and entitled to credit, and who being by me duly sworn, on their oath say they were present and saw her make her mark and saw her sworn to the foregoing statement; and that they are and have been, botrh personally acquainted with her and her whold family for twelve years past, and know from their own personal knowledge that she, the said Eliza Spain, has never remarried since the death of Storax S. Spain her late husband, nor abandoned the support of any one of the above named children under sixteen years of age; nor has she ever permitted any one of them to be adopted by any person or persons whatever, but retains them with her residing. And they further declare that they know the said children above named are the only legitimate children of the said Storax S. Spain the deceased soldier, and the applicant; and they have no interest whatever in this claim.
(signed) William Dodd, Jr.
(signed) Carroll Dodd

Sworn and subscribed before me, this 29th day of May 1869; and I hereby certify that I have no interest, direct or indirect, in prosecution of this claim, and that the contents of the above was carefully read and explained to applicant and witnesses before signing.
(signed) James Hilton, Judge of the Probate Court

In the matter of the claim for Army Pension of Eliza Spain widow of Storax S. Spain, late Private Co. H, 1st Regiment, Alabama Calvary Vols. Personally came before me a Judge of the Probate Court in and for aforesaid county and state Rebecca Spain, citizen of the county of Winston, state of Alabama reputable and entitled to credit, and who being duly sworn declare in to aforesaid claim, that the date of births of the children of said soldier is as follows:
Pensia J. Spain was born on the 10th day of August 1856
Samuel D. Spain was born on the 12 day of October 1858
Mary E. Spain was born on the 27th day of December 1859
Mima R. Spain was born on the 1st day of March 1861
Charlotte M. Spain was born on the 10th day of August 1862
Frances S. Spain was born on the 10th day of May 1864

That she is able to state dates of Births of the aforesaid minor children from the fact that she is the mother of the father of said minor children and being very intimate have so often heard their ages referred to in her presents that she still remember them, that she further states that she was present at the births of each of the aforesaid monor children and acted in the capacity of a midwife at their births that she make this affidavit as a simple act of Justice, and nothing further having no interest in so doing whatsoever.
(signed) Rebecca (her mark) Spain

Sworn to and subscribed before me on this 29th day of May A.D. 1869 and I hereby certify that the foregoing affidavit was read over to affiant and explained to them and understood by them before the signing and execution there of, and that I have no interest in this matter whatever.
(signed) James Hilton, Judge of Probate

To Whom it May Concern

Know ye, That Storax S. Spain, Private of Captain Joseph Ford Company H, First Regiment of Alabama Calvary Volunteers who was enrolled on te Twelfth day of October on thousand eight hundred and sixty three service one years of during the War, is hereby DISCHARGED from the service of the United States, this (blank) day of July 1865, at Nashville Tennessee by reason of Expiration of Term of Service.

No objection to his being re-enlisted is known to exist.

Said Storax S. Spain was born in Tishomingo County in the State of Mississippi, is twenty eight years of age, Five feet Ten inches high, Light complexion, Blue eyes, Light hair, and by occupation, when enrolled, a Farmer.
(signed)
F.L. Cramer
Maj. 1st Ala Cav
Regiment Commander

On this 29th day of May A.D. 1869 personally appeared before a Judge of the Probate Court, within and for the County and State aforesaid, Eliza Spain widow of Storaz S. Spain late Private, Co. H, 1st Regt. Ala, Cav. Vols. and after being

Duly sworn by me according to law, say on her oath, that she is the widow of Storax S. Spain, now deceased, and that her declaration for Army Pension under Act of July 14, 1862, contains all the facts in regard to the time place and cause of the soldiers death, that she is able to obtain and that she knows of no better evidence, then contained in declaration as aforesaid, and that the statements contained in the aforementioned declaration is correct to the best of her knowledge.
(signed) Eliza (her mark) Spain
(signed) William Martin
(signed) Marion Teir

Sworn and subscribed before me this 29th day of May A.D. 1869, and I certify that the foregoing affidavit was read over, and explained to and understood by Claimant, before the signing and execution thereof, and that I have no interest in this matter whatever.
(signed) James Hilton, Judge of the Probate Court

On this 23rd day of January A.D. 1871. Personally Appeared before me a clerk of the Circuit Court within and for the county and state aforesaid Charles A. Taylor and Henry Aldridge of Houston County of Winston and state of Alabama, persons whom I certify to be of respectability and mith (?) and after being duly sworn according to law, say on their oath that they are well an intimately acquainted with Mrs. Eliza Spain widow of Stoax S. Spain late Private Co. H 1st Regt. Ala Cavy Vols. deponents further swear that they were likewise well and intimately acquainted with the aforesaid Stoax S. Spain the deceased soldier in his life time and while soldier in the service of the United States and deponents further swear that they were present and waited upon afore mentioned Stoax S. Spain in his last sickness Kum (sic) of their own personal knowledge that he died at Mooresville Alabama in or about the 28th day of July A.D. 1865 of intimiting )sic) or Conjestive (sic) fever so called by the Physician who waited on him and that deponents make this affidavit as a simple act of Justice and nothing further having no interest in so doing whatever.
(signed) Charles A. Taylor
(signed) Henry Aldridge

Sworn to and subscribed before me this 23rd day of January A.D. 1871 and I certify that the foregoing affidavit was read over, explained to and understood by affiants before the signing and execution thereof and that I have no interest in this matter
(signed) R.W. Sweeny, Clerk of the Circuit Court

On this 21st day of July A.D. 1871 Personally appeared before me a Clerk of the Circuit Court within and for the County and State aforesaid Eliza Spain of Houston Ala Late widow of Stoax S. Spain Pri. Co. H 1st Regt of Ala Cavy Vols. who died on the 28th of July 1865 at Mooresville Ala of intermitten (sic) or Congestive fever, so called by the Physician who attended on him in his Last Sickness, further state on her oath that the Residence of the Regimental Surgeon is unknown to her, also the Residence and Post Office address of his Captain Joseph Ford is unknown to her at this time and further state on her oath that the affidavits of 2 two Witnessess who soldiered with her Late husband Stoax S. Spain is the best evidence that the can produce at this time to prove the time and place and cause of his Death
(signed) Eliza (her mark) Spain
(signed) William Dodd Jr
(signed) Isaac Walker

Sworn to and subscribed before me this 21st day of July A.D. 1871 and I hereby certify that the foregoing affidavit was read over and explained to and understood by the claimant before the signing and execution thereof and that I have no interest in this matter
(signed) R.W. Swinney, Clerk of the Circuit Court

On this 21st day of July A.D. 1871 Personally appeared before me a Clerk of the Court in and for the County and State aforesaid James A. Barton and Jonathon Barton, Persons to me well known to be of respectability and truth and after being duly sworn say on their oath that they are well and intimately acquainted with Mrs Eliza Spain Late widow of Stoax S. Spain Pri in Co. H 1 Regt of Ala Cavy Vols. who died on or about the 28 day of July 1865 of intermittent or Congestive fever. So called by the Physician who attended upon him in his last sickness or until his Death at Mooresville Alabama. Deponents further state on their oaths that they were Soldiers of the same Regt with Stoax S. Spain and knew him to be the identical Person as Represented by Mrs Eliza Spain of Co. H Regt of Ala Cavy Vols and was detailed as a Scout and served as such for said Regiment until his death that we make this affidavit as a simple Act of Justice and nothing further having no interest in So doing whatsoever
(signed) James A. Barton
(signed) Jonathon Barton

Sworn and subscribed the within affidavit before me and I hereby Certify that the within affidavit was read over and explained to and understood by affiants before the signing and execution there of and I further certify that I have no interest in this claim or matter whatever July 21st 1871
(signed) R.W. Swinney, Clerk of the Circuit Court

On this 21st day of July A.D. 1871 Personally appeared before me at Clerk of the Circuit Court within and for the County and State aforesaid John R. Phillips and Robert B. Davis persons to me well known to be of respectability and truth after being duly sworn Say on their oaths that they are well and intimately acquainted with Mrs. Eliza Spain of Houston Ala late widow of Stoax S.Spain dec'd Pri Co. H 1 Ala Cavy Vols. that they were likewise intimately acquainted with Stoax S. Spain in his life and up to his death who died on the 28th day of July A.D. 1865 of intermittent or Congestive fever. So stated or called by the Physician who waited upon him until his death these deponents make this affidavit of their own personal knowledge by being present During his sickness and up to the date of his death was present and saw him Die and assisted in his burial deponents further State that they were soldiers in the same Regt with Stoax S. Spain dec'd further state that the disease of which the said Soldier died was contracted while in the line of his Duty as an Enlisted man in Service And that they make this affidavit as a simple act of Justice and nothing further having no interest in so doing whatsoever.
(signed) John R. Phillips
(signed) Robert B. Davis

Sworn to and subscribed the within affidavit before me and I hereby certify that the within affidavit was read over explained to and understood by affiants before the signing and execution thereof and I further certify that I have no interest in this matter, this July 21st 1871.
(signed) R.W. Swinney, Clerk of the Circuit Court

On this 30th day of October A.D. 1871 Personally appeared before me a Clerk of the Circuit Court within and for the County and State aforesaid, Eliza Spain, and applicant for Army Pension No. 146697, and that she is the widow of Stoax S. Spain late Private Co. H 1st Regt. Ala. Cavy. Vols. in the war of 1861, and after being duly sworn according to law, says on her oath that the certificate for the discharge of her late husband Stoax S. Spain, is not in her possession and that she dose not no anything about it, or where it is, and that this affidavit is the best that she is able to offer in this case as evidence and that she has sent forward the best evidence that she is able to offer and that none better exist to the best of her knowledge and belief all of which facts is respectfully submitted
(signed) Eliza (her mark) Spain
(signed) D.F. Cowart
(signed) Thomas I Cowart

Sworn to and subscribed before me on this 30th day of October A.D. 1871 and I hereby certify that affiant understood the contents of the foregoing affidavit before signing and execution thereof and that I have no interest in this matter.
(signed) R.W. Swinney, Clerk of the Circuit Court

Treasury Department
Second Auditor's Office
March 14th 1872
Sir: You are respectfully informed that this Office has issued Treasury Certificate

No. 588725, in favor of Mrs. Eliza Spain, widow of Stoax S. Spain, late as a Private in Company H, 1st Regiment, Ala Cav Volunteers, allowing her pay to include the 24th day of October 1864, on account of the services of her said husband Enlisted & Mustered Oct 10th 1863, per letter of A.G.O. Died, see copy of evidence enclosed

Paid to date of M.O.
Yours, respectfully,
E.B. Finch, Auditor

Treasury Department
Second Auditors Office
March 14th 1872
The foregoing is a true copy of the original in file on this office
(signed) E.B. French, Auditor

Widows Pension, Original with Incease
Eliza Spain
Stoax S. Spain, Private, Company H, 1st Regiment, Ala Cav
Residence of claimant, Winston County, and State of Alabama
Post Office Houston, Winston County, Alabama
Attorney, William H Hyde, Houston, Winston Co. Ala
Fee, $ none
No contract, and no material evidence filed since July 8, 1870
Rate of pension $ none per month commencing -------
Number of Children from former marriage, None
Children by last marriage
Pensia J born 10August 1856
Samuel D. born 12 October 1858
Mary E. born 27 December 1859
Mima R. born 1 March 1861
Charlotte M. born 10 August 1862
Frances C. born 10 May 1864
Payments on all former certificates covering any portion of the same time to be deducted.
Rejected Nov 6th 1872, (signed) L.E. Dickey, Examiner
Dates shown by Papers
Enlistment, 10th October 1863 Widow's app. Filed 6th May 1867
Muster into rank 10th October 1863 Claim completed -
Discharge, 24 October 1864 Former marriage of soldier, none
Death, 28th July 1865 Death of former wife, none
Invalid app. filed, none Claimant's marriage to soldier, 16th Sept 1855
Cause of Death, Intermittent or Congestive Fever
Place of Death, Mooresville, Ala

On this 30th day of March, 1878, personally appeared before me, a Judge of Probate of a Court of Record in and for County and State aforesaid Eliza Spaine a resident of Rocky Plains P.O. in the County of Winston and State of Alabama aged 42 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 Storie S. Spain who was a Private in Company H commanded by Capt. Ford in the 1 Regiment of Ala. Cav. in the War of 1861; that her maiden name was Eliza Harper and that she was married to said Stoax S. Spain on or about the 15 day of September 1855, at the house of George Harper in the County of Marion and State of Alabama by Esq. Loden Justice of the Peace and that she knows of no record evidence of said marriage, the records of the Probate Court in Marion Co. Ala if not destroyed will show dates and SHE FURTHER DECLARES that said Storic S. Spain her husband, died in the service of the United States as aforesaid at near Mooresville in the State of Alabama on or about the later part of July 1865, of intermittent fever & relapse of measles so said or congestive fever as well as I can learn now. She also declares that she has remained a widow ever since the death of said Storex S. Spain and that she has not in any manner been engaged in, or aided or abetted, the rebellion in the United States; she hereby appoints Gilmore & Co. of Washington D.C. as her lawful Attorneys, with power of substitution, and authorizes then 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 Penesia J. Samuel D. Mary E. Mima R. Charlotte M. & Frances Spencer all born in Winston County, Ala as her recen (sic) herewith sent.
My Post Office address is Rocky Plains, Winston County, Ala
(signed) Eliza (her mark) Spain
Witness: James D. Lane
Witness: John Hill

Also appeared before me, James D. Lane and John Hill residents of Winston County, and State of Alabama to me well known as credible persons, who being duly sworn, declare they were present and saw said Eliza Spain sign her name to the foregoing declaration, And they have every reason to believe, from the appearance of said applicant, and their acquaintance with her, that she is the identical person she represents to be, and know that the said deceased recognized said applicant as his lawful wife, and that she was so recognized by the community in which they resided; and that have no interest, direct or indirect, in the prosecution of this claim
(signed) James D. Lane
(signed) John Hill

Sworn and subscribed to before me, this 30th March 1878; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim, And that the contents of the above were made known and explained to applicant and witnesses before signing.
(signed) A.B. Hays, Judge of Probate Court

Before the undersigned Judge of the Probate Court of said County, personally appeared

Eliza Spain, widow of Stoax S. Spain dec'd and after being duly sworn, says that the family record here attached, is the genuine, original and only family record of the said Stoax S. Spain and herself, and that then never was any other record except this, & that the same was never recorded in any Book, she further declares on oath that no part the said record hereto attached has erased or altered since written.
(signed) Eliza (her mark) Spain
Witness, Albert Smith
Witness, Z. E. Holloway

Sworn to and subscribed before me this 18th day of May 1878, & I certify that the contents of the foregoing affidavit were read and explained to the said Eliza Spain, Before she signed the same, and that I am not interested in her said claim.
(signed) A.B. Hays, Judge of Probate

Dear Sir I will answer yours of July the 18th the best of my knowledge. I was with Spain at Nashville Tennessee in June till July some time about the 19th. He was complaining all the time I was with him. I set up all nite with him at Nashville abot the 19th of July 1865 and give him medicin. He told me on morning that he was going to died and want me to put him on the train. He wanted to go to where his family was at that time about Moresville. I did not think he could go he beg me so much I put him on the train the best I can recolic (sic) about the 20th of July 1865 he died in 7 or 8 days. After it was I know the reason relaps of measles and explosure he had measles during the time were was all in service and by exposure he never got over them
(signed) Simeon Tucker, Co. K 1st Ala Cav

The within named man was discharged on this certificate to date October 24, 1864, by reason of expiration of term of service
(signed) A.H. Michulm(?), Asst Adj't. Genl

(blank) of the town of (blank) County of Winston in the State of Alabama On this 17th day of August in the year one thousand eight hundred and 80 personally appeared before me, the undersigned, a Justice of the Peace for the county and State above mentioned Eliza Spain who, being duly sworn according to law, declares that she is the identical wife of Stoax Shundy Spain who was a Private in the company commanded by Captain Col. Spencer; that he enlisted on the 12th day of October 1863 fro the term of one year or during the war and was discharged at Nashville Tenn on the (blank) day of (blank) by reason of expiration of term of service
(signed) Eliza Spain
Sworn and subscribed to before me the day and year above written
(signed) William Tucker, J.P.

I certify that William Tucker before whom the above affidavit purports to have been made, is a Justice of the Peace duly authorized to administer oaths, and that the above is his signature.

In witness whereof, I have hereunto set my hand and affixed my official seal, this 20th day of August in the year 1880 at Houston in the State of Alabama
(signed) F. M. Taylor, Judge of the Probate Court, Winston County, Ala

War Department
Adjutant General's Office
Washington, Oct 21, 1881
Respectfully returned to the Commissioner of Pensions

Storex S. Spain Pvt. Company H, 1st Regiment Ala.Cav. Volunteers, was enrolled on the 10th day of Oct. 1863, at Glendale Miss, one year is reported: Oct 31, 1863 present, Dec 31, 1863 absent recruiting by order Col. Spencer and so reported to Aug 31, 1864. Oct 31, 1864 Deserted. Charge of desertion is removed by S.O. 154, Dist of Middle Tenn dated Nashville, Tenn June 30, 1865 and discharged to date Oct. 24, 1864. Date of muster out of detachment by expiration of term of service.

Commissioner Washington D.C. I will answer your July 28th to the best of my knowledge. I was with Storax S. Sapin a member of Co. H 1st Ala Cav during a part of the Sparing and Summer of 1865. I was with him every day in June until sometime in July we was at Nashville Tenn for the Purpose of being mustered out of service and he was complaining a good part of the time. His death was caused by the Measles as I no he never fairly got over the measles was complaining more or less all the time I know from personal knowledge that Spain contracted the desease (sic) while in actual service of the US Army

Sir:

A claim, No. 146697, has been filed in this Office by Eliza Spain, as widow of Stoax S. Spain, who was a Private in Co. H, 1st Reg't, Ala Cavy Vols., and is alledged to have died July 28th, 1865. Will you please to furnish with the return of this Circular information showing rep to what date, and to whom was paid the arrears of pay and bounty on account of the service of the above named soldier
Very Respectfully, Wm. W. Dudley, Commissioner

Treasury Department
Second Auditors Office, Washington, D.C.
May 15, 1882
Repectfully returned to the Hon. Commissioner of Pensions.

In the case of Storex S. Spain Co. H 1 Ala. Cav. this Office issued Treasury Certificate No. 588725 in favor Eliza Spain, allowing her as widow arrears of pay to include Oct 23, 1864.
O. Ferriss, Auditor

In the matter of the Pension Claim f Eliza Spaine widow Storic S Spaine Co. L, 1st Reg't Ala Cav Vols., personally came before me, a Justice of the Peace in and for the aforesaid County and State, Simeon Tucker, of Winston, County of Larissa, State of Alabama, who being duly sworn, declares in relation to the aforesaid claim that his age is 69 years; that he is the identical person who served as a Sargent in Co. K, 1st Reg't Ala Vols., and know the above soldier, who was a member of Co. H, 1st Reg't Ala Cav., that on or about the (blank) day of (blank), while in the line of duty, and without fault or improper conduct on his part, at or near Mooresville, State of Alabama, said soldier incurred fatal desease known as measles caused by exposure from coal with relaps from measles under orders from Col. Geo. Spencer. I saw him at Nashville in the State of Tenn he was taken worthy bad when we went to the mustered out of Service he said to me Sargent Tucker I am going to die, I want you to put me on the cars I want to go Home. The desease existed from Feb 1864 till death. He was as stout as common me when he entered the Service.

I was and Eye Witness staid up with him allnite in Nashville nursed him give him one dose of Pitts (?) during the night put him on the train for to go to his home near Mooresville Tenn when he died
Affiants Post-Office address is as follows: Larrissa - Winston County, Ala
(signed) Simeon Tucker
(signed) Rebecca Baughn, witness
(signed) M.M. Kennedy, witness

McGaughey & McDavitt
Physicians and Surgeons
No. 12 East Third Street
J.B. McGaughey, M.D.
Thomas McDavitt, M.D.
Winona, Minn, 2nd June 1885
To: Genl J.C. Blush, Commissioner of Pension, Washington, D.C.

Sir: I very distinctly remember S.S. Spain of Co. H 1st Ala Vol. Cav.

He was employed scouting, secret service also recruiting Confederate deserters and southern union men during the greatest part of the time mentioned by you 1.2. from Oct 4, 1864 to June 30, 1865. I can however only remember him clearly up to about the middle of April 1865 at which time he was in very poor health.

He returned with me to Decatur Ala on the morning of the 3rd of April 1865 from a trip of forty five days in northern and central Ala. He was seriously injured by coming in contact with a men in a skimmish on the 10th of March 1865 in Winston Co. Ala. He again sustained severe injury in swimming Flint River near Decatur Ala. with command about midnite Apr. 2nd 1865. He was in very poor health and suffered from cough and chills for some days after the reached Decatur. Chills were supposed to be due to intermittent fever. I cannot give the exact date at which I last saw him. Spain was a thorough soldier and numerously recognized by his officers and comrades as such. I am the opinion that Spain contacted his disease in the army. He appeared to be a healthy robust man when he enlisted. The exposure to which he was subjected to was very great. There appeared to be no undertaking which involved arduous labor or exposure to danger which did not possess peculiar channs (challenge ?) for this man.
Trusting the foregoing will prove satisfactory
I am very respectfully, Your obd't servant
J.B. McGaughey

War Department
Surgeon General's Office, Washington
Aug 28th 1885
To the Adjutant General, U.S. Army
Sir:

I have the honor to return herewith the papers received from your office in pension claim No. 146697, with such information as is furnished by records filed in this Office, viz:

That Storex S. Spain Pr. Co. H 1 Ala Cav entered Overton G.H. Memphis Tenn. Feb 16, 1964 with Measles, and returned to duty Mch 24, 1864. No medical records of the 1st Ala Cav. on file
(signed) B.F. Pope, Assistant Surgeon, U.S. Army

War Department
Adjutant General's Office, Washington
Aug 31, 1885
Respectfully returned to the Commissioners of Pensions

Storiex S. Spain age 25 years, a Private of Company H, 1st Regiment Ala. Cav. Volunteers, was enrolled on the 10th day of October, 1863, at Glendale Miss, 1 year and is reported on roll to Oct 31/63. Present Nov 4 / Dec 63 absent- recruiting by order of Col. Geo. E. Spencer. Jan 4/Feb 64, absent sick in Gen'l Hospital Memphis, Tenn. March & April 64, absent recruiting in Ala. by order of Col. Spencer. Same to Aug 31/64 Sept & Oct -64 reports him Private, absent - deserted

The charge of desertion removed by S.O. 154, Dist - Middle Tenn, dated Nashville Tenn, June 30/65 and discharged to date Oct 24/64, date of muster out of detachment by expiration of term of service.

In the matter of Pension Claim of Eliza Spaine widow Storic S. Spaine Co. H 1st Reg't Ala Vols., personally came before me, a Justice of the Peace in and for the aforesaid County and State, who being duly sworn, declares in relation to the aforesaid claim that his age is 47 years; that he is the identical person who served as a Private in Co. L, 1st Reg't Alabama Vols; that on or about the (blank) day of Feb, 1864, while in the line of duty and without fault or improper conduct on his part, at or near Mooresville, State of Tenn, said soldier incurred fatal disease Know as measles. I think caused by Exposure with relaps of measles and being on duty in the cold, under the orders of Col. George Spence as a Scouting party or piloting men though the Lines. I was with Storic S. Spaine in the month of May & June previous to his death and he was complaining all the time. I considered him and able boded(sic) man when he entered the Service. I was with him on the 7th day of July 1885 (sic) he was then complaining and taking medicine
Afficants Post-Office address is as follows: Larrissa Winston Co. Ala
(signed) John N. Baughn
(signed) R. Baughn, witness
(signed) Simeon Tucker, witness

Sworn to and subscribed before me this 5th day of August 1886; and I hereby certify the contents of the foregoing affidavit were fully made known and explained by me to the affiant before swearing thereto, including the words

Storic S. Spaine was not with the army much of the time as he was a pilot conducting men though the lines from the mountain District
(signed) D. S. McCullar, Justice of the Peace

Department of the Interior
Pension Office
Washington, D.C.
Southern Division
Wid No. 146697
Stoax S. Spain, Co H. 1st Ala Cavy.
Oct 4th 1886
To Postmaster, Mooresville, Limestone Co. Ala
Sir

Referring to Pension Claim numbered as above it appears that the above named soldier died at his home - Mooresville Ala July 28th 1865 of intermittent or Congestive Fever, If you know or can learn from a reliable sources please state whether he was sick when he came home from the army about the 1st of July 1865 and whether it is generally accepted in the community that he died of disease contracted in the US Service. Please also state whether the claimant Eliza Spain has remarried since the death of the soldier. An early reply will be thankfully received.
Very Respectfully, John C. Black, Commissioner

Mr. W.G. Martin, Undertaker, States that he thinks it was in the summer of 1865 that he buried a man named Spain (and think his given name was Stokes) who died of Pneumonia on a farm about 5 miles from this place. He thinks Spain claimed to be a soldier, but was regarded by the citizens as being of a party of crittusers who were depredating under cover of the Army. He had 1000.00 or 1100.00 gold the supposed frits of such courage, Spain nor any of his family ever lived about this Section, There was no woman at the house when he died and Martin never heard whether he claimed to have a wife. Dr. Wm T. Thach of Bellbuckle Tenn attended Spain at his death and can probably give further details.
Respectfully Submitted
H.T. Peebles, Asst PM

In the matter of claim for Pension Eliza Spaine widow Stoax S. Spaine "L" 1st Ala Cav. Personally came before me, D.S. McCullar a Justice of the Peace in and for aforesaid County and State, John N. Baughn Pri. Sol. Co. L 1st Reg Ala Cav, whose PO is Larissia in the County, of Winston State of Ala whose age is 48 years person of lawful age, who, being duly sworn, declare in relation to the aforesaid case as follows:

That the was with Storic S. Spaine in the months of May & June 1865 or most of the time during those 2 months at or near Mooresville Ala. where the said Spaine family was at that time. And I hereby make Statement that I know from personal knowledge that the said Spaine contracted the disease from wich (sic) he died while in the US Army he taken the measles I think sometime in the winter of 1864 and from exposure during that winter and spring he never got over that spell of measles and died near Mooresville Ala in 1865. I further declare that I have no interest in the said case, and (blank) not concerned in its prosecution
(signed) John N (his mark) Baughn
(signed) R.A. Baughn, witness
(signed) J.H. Baughn, witness

Sworn to and subscribed before me this 12th day of Jan 1887 and I hereby certify that the contents of the foregoing affidavit were fully made known and explained to the affiant before the swearing.
(signed) D.S. McCullar, Justice of the Peace

General Affidavit
State of Alabama
County of Winston
In the matter of claim for Eliza Spaine widow Stoax S. L 1st Ala Cav.

Personally came before me, a Justice of the Peace in and for aforesaid County and State, S.H. Tyler of Motes Alabama a person of lawful age, who, being duly sworn, declare in relation to the aforesaid case as follows:

In jUly 1865 he the said S.H. Tyler traveled with the said Storex S. Spaine from Nashville Tenn to Decature Ala. on the cars. Affiant further states that the said Spaine had been to Nashville for the purpose of being discharged and taken sick and died in a few days after this return from Nashville Tenn affiant further states that he thinks it is probable the death of the said Storix S. Spaine was brought on by exposure during the winter previous to his death in July 1865.

Affiant further declare that he has not interest in said case and is not concerned in it prosecution
(signed) S.H. Tyler

Sworn to and subscribed before me this 4th day of May 1888 and I hereby certify that the contents of the foregoing affidavit were fully made known and explained to the affiant before the swearing.
(signed) D.S. McCullar, Justice of the Peace

Before me D.S. McCullar a Justice of the Peace for said State and County personally appeared Eliza Spaine and makes a Oath as follows. That she is unable to give the Physicians name that came to treat her Husband in his last sickness, Affiant state that her and her children had moved from Winston County Ala near Mooresville Ala and that her husband came from Nashville Tenn sick and only lived a few days after his return. Affiant further satte that the Physician only made one visit a few hours before her husbands death and she does not know his name and further that she has used all her endeavors to procure said affidavit.
(signed) Eliza (her mark) Spain

Sworn to and subscribed this June the 19th 1888 and I hereby certify that the contents of the foregoing affidavit were fully made known and explained to the affiant before swearing thereto.
(signed) D.S. McCullar, Justice of the Peace

In the matter of claim for Pension Eliza Spaine widow Stoax S. Spaine L 1st Ala Cav. Personally came before me, a Justice of the Peace in and for aforesaid County and State, J. L. Wilson age 46 Joseph Byers age 52 of Motes Ala, person of lawful age, who, being duly sworn, declare in relation to the aforesaid case as follows:

That they know Eliza Spaine and know she is the identical person she represents herself to be and that she has not remarried Since the death of her husband Stoax S. Spaine. Affiants further affirms that the residents of the said Eliza Spain from the year 1865 to the present has been in the county of Winston and State of Alabama and that our acquaintance has been such that we would have know the fact if the said Eliza Spain had been remarried Since the death of her husband

Affiants further declare that they have no interest in said case, and are not concerned in it prosecution.
(signed) Jos Byars
(signed) J. L. (his mark) Wilson
(signed) E.E. McCullar, witness
(signed) D. Byars, witness

Sworn to and subscribed before me this 19th day of June 1888, and I certify that the contents of the foregoing affidavit were fully made known and explained to the affiant before swearing thereto.
(signed) D.S McCullar, Justice of the Peace

Department of the Interior
Bureau of Pensions, Washington D.C.
July 28th 1888
Stoax S. Spain, wid. 146697
To: Addison M Looney, Bashams Gap, Morgan County, Alabama
Sir

To further aid this Bureau in the adjudication of the above entitled claim for pension in which you have testified that Stoax S. Spain became disabled while in the U.S, service, please furnish a statement in your own handwriting, setting forth all the facts within your personal knowledge relating to thereto.

If such disability resulted from disease, state its name or nature, how claimant was affected thereby and when, where and how you first became aware of the fact.

If such disability resulted from an injury or a wound, state whether you were an eyewitness of it origin and whether you saw the affected part. If so asseride (?) the injury or wound, give its location, date of incurrence and time of your first seeing the same.
Your early reply endorsed on this letter will be appreciated.
Very Respectfully, John C. Black

The Claimant wer (sic) sick of a fever at Nashville Tenn on the 19th of July 1865 -

It was the day that I wer (sic) mustered out of the U S armies I wer intimately acquainted with Spaine and had a conversion with him and he told me that he wer (sic) & he had the appearance of a sick man he told me that the was satisfied that he had the fever I am satisfied that he had contracted the fever spoken of while he renered (sic) servis (sic) to the U.S. Government for te next time I heard from him he wer (sic) dead and that wer (sic) but a few days after I saw him at Nashville Tenn I have never saw his widow nor children but I am informs (sic) he has good worthy widow & he were a valued soldier & scout & renered good sevice
(signed) A.M. Loony

Sir, Please be so kind as to inform this office as to the standing in the community and the general reputation for truth of Joseph Byars, J.L Wilson and S.H. Tyler of your vicinity and afficants in the above designated claim for pension. If you know or can learn how reliable sources please tale whether the soldier was sick when he came home from the army and whether it is generally accepted in the community that he died of desease contracted in the army and whether the claimant Eliza Spain has remarried since death of the soldier.
Very respectfully, John C Black, Commissioner

Motes, Alabama
August 13, 1888
To Commissioner of the Interior
Sir:

Received yours of the 28th and have inquired concerning the persons you wrote about Their standing for verocity is good. I have not been able to learn whether Mr. Spain was sick when he came home or not. They lived at or near Mooresville, Ala then. Mrs. Spain as never married. She is a hardworking woman and has had a hard struggle to get along. She is making a living by farming.

Any other information you may need I will furnish cheerfully.
H.B.Lane per: A.M. Weiler, asst PM

It was I think about the 15th or 20th of July 1865 that Spain left Nashville Tenn to go to his family very sick he died in 6 or 7 days after his family was at that time near Mooresville Ala

I can not make this Statement in my own handwriting as you requested for I am without eye sight and can not see to write bur I have had this letter read over and every word is my own statement in this matter
Yours respectfully
John N. Baughn

Before me D.S. McCullars a Justice of the Peace in and for said State and County personally appeared S.H. Tyler on oath deposes ands says that he came from Nashville Tenn to Decatur Ala with Storix S. Spaine about the 15th day of July 1865. My understanding is that the said Spaine lived about 8 days from the time we arrived at Decatur. I can not describe the nature of the disease. Affiant further states that he knows that Eliza Spaine has not remarried since the death of her husband that my acquaintance is such that I would have know the fact had she been remarried.
(signed) Samuel H. Tyler
Sworn to and subscribed before me this August the 13th 1888.
(signed) D.S. McCullar

General Affidavit
State of Alabama
In the matter of claim for Eliza Spaine widow Stoax S. Spain, Pvt. L 1st Ala Cav.

Personally came before me, a Justice of the Peace in and for aforesaid County and State, Jos. Byars of Motes Alabama, J.L. Wilson Motes Ala, persons of lawful age, who, being duly sworn, declare in relation to the aforesaid case as follows:

Neicey Jane Spaine. Samuel D. Spain Charlotty M. Spaine Rebecca Hinesly Frances S Harbin Mary E. Burnes are children of Stoax S. Spain and Eliza Spain all living in the County of Winston and State of Alabama.
(signed) Joseph Byars
(signed) J.L Wilson
Sworn to and subscribed before me this August the 31st 1888.
(signed) D.S. McCullar

Widows Pension
Claimant, Eliza Spain, P.O. Motes, Winston County, Ala.

Soldier, Stoax S. Spain, Pvt. Co. H, Regiment 1st Ala. Cav.
Rate $8.00 per month, commencing July 28th, 1865, and
$12.00 per month from Mar 19th, 1888 and two dollars a month additional for each child, as follows:
Recognized Attorney
Name, George E Lemon, PO Washington, D.C.
Fee $ 25.00
Articles filed Sept 2, 1884

Approval
Approved for Admission, origin of Measles and Int. Fever accepted, (Death believe due to same)
Nov. 23, 1888, Legal Reviewer, F.A. Smith
Approved for Admission; death resulted from malaria poisoning due to same which has been legally accepted, Nov. 30, 1888, Medical Reviewer.
John Campbell, Medical Referee, Russell M, Ex

Personally appeared before me Y.M. Ivey a Justice of the Peace U.J. Spain and D.A. Jones W.R. Cooper after being duly sworn deposes and says Eliza Spain is here in our care and has been helpless two years. She can not get up out of her chair without help.
She is a invalin.
(signed) U.J. Spain
(signed) D.A. Jones
This is sworn to and subscribed before me this 11th day of September 1922
(signed) Y.M. Ivey, J.P.

I was the wife of the person on account of whose service during the Civil War. I am drawing pension, during the period of his service in said war, and therefore I request consideration of my case with a view to the allowance of the $50.00 rate provided by the act of July 3, 1926.
(signed) Eliza (her mark) Spain, Route 3, Double Springs, Ala
Rural Carrier, Double Springs, Ala
J.S. Brisco, Carrier
Certificate # 249415

Widow's Pension, Increase
Claimant, Eliza Spain
Soldier, Stoax S. Spain, Private, Company H, 1 Ala. Cav.

Rate $20.00 per month, commencing September 8, 1916 and $25.00 from October 6, 1917 and $30.00 from May 1, 1920 and $50.00 per month from August 4, 1926, no additional added for children (children had all married by this time)
No Recognized Attorneys
Approvals
Submitted for Adm Aug 17, 1926, Examiner, B. Phelan
Approved for Increase - Act Sept 8, 1916
Reissue - Act July 3, 1926
Wife, Aug 25, 1926, Receiver, R.D. Rush
This soldier was not pension
Enlisted, Oct 1863
Discharged June 30, 1865 to date Oct 24, 1864
Invalid Claim filed, None
Died, July 28, 1865
Request July 21, 1926
Claimant Pensioned, Act of May 1, 1926
Former marriage of soldier, None
Former marriage of claimant, None
Clt's marriage to soldier Sep. 16, 1855
Clt's not remarried.

We are in need of some information which we believe you are in posision (sic) to give us in regard to Mrs. Eliza Spain who is drawing a Pension from the Government. If she has a Gardean (sic) we as her grandchildren would be glad to have the proper one to look in to this matter as she is hepless (sic) and not getting the proper attention. If you can give us any information would better her contition (sic) we will appreciate the same.
Your Truly, Dora Rice

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