Abstract of Testimony to Reopen the Case of Rosetta Crandall, August 3, 1894

(3—615.)
Department of the Interior,
BUREAU OF PENSIONS,

Washington, D. C , Aug 3, 1894

No. 588805
Name, Ephraim Crandall
Co. B35 Reg't USC Inf.
Date of filing, Feby 8, '94.
Date of rejection, June 2, '94

CAUSE OF REJECTION.

No title as widow of soldier as client was not living with soldier as his wife at time of his enlistment.

ABSTRACT OF TESTIMONY TO REOPEN.

By the best possible evidence, i. e., the daughter of the owner of claimant, it is shown that claimant and soldier were married in accordance with slave custom. It is further shown that claimant and the soldier lived with each other and were recognized as husband and wife from date of marriage about 1844 up to the date of his sale to one Edmond Moore about 1859, at which time said soldier was removed to Jamesville, N.C. some twenty miles distant from his present home.

It has been shown that he "took up" with a slave woman at Jamesville, by whom it is alleged he had several children, but is has not been shown that any union between soldier and said woman was affected either by "slave custom" or otherwise, but it is in evidence that soldier still continued to recognize claimant as his wife and the children as his children and visited them as often as once in two or three weeks and while with his wife and children during of these visits he failed to return to his new master but repaired to Newberne N.C. enlisted in the US service and died therein.

This examiner does not understand the law to provide that in such a case as this, a separation of twenty miles shall in itself operate to annul the claimants statutory rights, but that on the contrary it expressly provides that if the soldier and claimant continued to recognize each other as husband and wife and were so recognized by the community in which they lived, to the date of his enlistment, her title remains.

From the evidence filed in the claim it is shown that they did so continue to recognize each other as husband and wife and the soldier left her abode to enlist in the US Army - although the property of and living with his master at Jamesville, NC.

The examiner does not feel warranted in holding the claim rejected upon the grounds above stated and it is reopened for further consideration

Hines.

Hines, Examiner.
E G Crabbe, Chief of Div.

Material: REOPENED. [stamped]