This record was transcribed by Penny Bennett Casey from the "Pensions and Increase of Pensions", which pertained to the Bill that was approved in 1917 for pension benefits for the Indian War Veterans.

Pension Committee Ė February 26, 1923

Calendar No. 1207,  67th Congress, 4th Session, Senate Report No. 1217

H.R. 7528

George D. Smith, Grangeville, Idaho County, Idaho, states that he served during certain Indian wars in Captain Randallís Company B, Second Idaho Volunteers, for over 60 days from June 15 to August 25, 1877. (I.W.S. Orig.100014)

His claim under the act of March 4, 1917, was rejected on the ground that the official records of the United States afford no evidence of claimantís service in the above-named company, Second Idaho Volunteers, in 1877, nor do the records on file in the archives of Idaho furnish any evidence of such service, his name not being borne on the muster roll of said company.

Service in the above-names organization as alleged is pensionable, and the only question involved is whether the claimant was actually a member of the organization for a period of over 30 days.

Claimantís statement relative thereto is as follows:

My age is 67 years: I was a member of Capt. D.B. Randallís company of volunteers in the Nez Perce Indian war of 1877, and rendered service in said war as such; I volunteered for duty at the very beginning of said war and was a member of said Captain Randallís company from the time it was formed until the death of Captain Randall at the Cottonwood engagement with the Nez Perces and continued to serve in said company thereafter under Capt. James Cearley until the hostile Nez Perces were driven from Idaho County.

 

I am informed and believe that I can not be given a pension under the provisions of the act of March 4, 1917, for the reason that my name does not appear upon the muster roll of said company and for the further reason that there is no official record that I performed service as a volunteer in the said Nez Perce Indian war of 1877; I therefore, make this affidavit in support of my claim for a pension for services in said Nez Perce war of 1877 by special act of Congress.

                                                 

                                                            George D. Smith

 

Subscribed and sworn to before me this 25th day of April, 1922

A.W. Talkington,

Notary Public

The statements of James Buchanan, Fred M. Noyes, and Frank Fenn are as follows:

My age is 85 years; I have known the claimant, George D. Smith, for 45 years last past; I am in no wise related to him or pecuniarily interested in his claim for pension by special act of Congress.  I am a pensioner under the act of March 4, 1917, for services as a volunteer in the Nez Perce Indian war of 1877; I personally know that the claimant, George D. Smith, was a member of Capt. D.B. Randallís company of volunteers and rendered service as such during the continuance of hostilities in Idaho County, Idaho, in said war both while said company was under command of Captain Randall and while under command of Capt. James L. Cearley after Captain Randall was killed at the Cottonwood fight; I know that the claimant and I were both members of said company and served together therein.

I make this affidavit for the purpose of aiding the claimant, George D. Smith, in securing a pension b y special act of Congress for his services as a volunteer in said war.

                                                                      James Buchanan

 

 

My age is 66 years; I have known the claimant, George D. Smith, for 44 years last past.  I am in nowise related to him or pecuniarily interested in his claim for pension by special act of Congress.

I was a member of the volunteer company commanded by Capt. D.B. Randall, and after his death commanded by Capt. James L. Cearley, in the Nez Perce Indian war of 1877; and I personally know that the claimant, George D. Smith, was also a member of said company and served with me therein as a volunteer during said war.

          I am a pensioner under the act of March 4, 1917, for service rendered in the Nez Perce Indian war of 1877; the number of my pension certificate is 9783.  I make this affidavit for the purpose of aiding the claimant, George D. Smith, to secure a pension for services rendered in said Nez Perce Indian war of 1877 by special act of Congress.

                                                                      Fred M. Noyes

 

 

          My age is 68 years; I am personally well acquainted with the claimant, George D. Smith, and have known him intimately ever since 1875.  I was a member of Capt. D.B. Randallís company of volunteers in the Nez Perce Indian war of 1877, and am now a pensioner on account of services rendered in that war and the holder of pension certificate 9523, original, under the act of March 4, 1917; I personally know that the claimant, George D. Smith was a member of Captain Randallís company from the time it was formed until the close of the NezPerce war in Idaho, and that he served with me as a volunteer in that Company under Captain Randall and after Randallís death under Capt. James L. Cearley; I am informed and believe that the name of the claimant can not be found on the muster roll of said company, and for that reason he can not obtain a pension under existing laws.  I therefore make this affidavit to aid the claimant, George D. Smith, in securing a pension by special act of Congress for his services as a volunteer in said war.

                                                                      Frank A. Fenn

With the papers is a report furnished this committee by the Bureau of Pensions, showing that from the photographic copy of the muster roll of Captain Randallís, subsequently Capt. J.L. Cearleyís Company B, Second Regiment Idaho Volunteers, claimantís witnesses, Frank A. Fenn and Fred M. Noyes, were enrolled in said company June 15, 1877, and served 71 days each; also that the other witness, James Buchanan, served in Captain Caseís company of said organization.  All three persons are pensioned under the act of March 4, 1917, on account of such services.

From a report in the case, the Bureau of Pensions failed to find the claimantís name on the rolls of any organization of Idaho volunteers.  The Bureau of Pensions also reports that it is believed the muster rolls of the organization above named contain the names of all the men who served in the organization formed by Captain Randall at Mount Idaho, June, 1877.

Claimant is 67 years of age.  There is no evidence to show whether he has any property or income.  However , his physician states that on account of old age, rheumatism, piles, and stomach trouble claimant is totally and permanently incapacitated for earning a living by manual labor.

In view of all the facts in the case, it is believed that the statements of the witnesses are so convincing that the claimant should be given the benefit of all doubts and his name be placed on the pension roll as an Indian war survivor at the rate of $20 per month.

  

 

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