Lorenzo Dow Yarbrough CSA Pension Application

Endorsements Hereon for Comptroller's Use Exclusively

Form #1 - Amended

October 1, ??02

Confederate Pension Application

Name of Applicant

__Dow Yarbrough__ County, Postoffice __Tilden__

Comptroller's File No. 12501

I have carefully examined the withing application for pension, together with the proof in support thereof, and I recommend that the application be __Approved

__March 25, 1907__

E. A. Pobine

Chief Pension Clerk

I hereby __________the within application for pension, this __March 25 1907__ day of _________A. D. _______

Signed__ J. W Stepehns (sic)

Comptroller.

No Application Rejected by County Judge or County Commissioners Should Be Forwarded to Comptroller.

 

APPLICATION of Indigent Soldier or Sailor of the late Confederacy for pension under the Act of May 12, 1899. Hereafter use no blank but this.

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THE STATE OF TEXAS

County of __McMullin__

To the Honorable County Judge of __McMullen__ County, Texas.

Your petitioner. __Dow Yarbough__ respectfully represents that he is a resident citizen of __McMullen__ County, in the Sate 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 Sate 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 there-for," and I do solemnly swear that the answers I have given to the following questions are true.

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NOTE-Applicant must make answere to all of the following questions, and such answers must be written out plainly in ink.

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Q. What is your name? Answer __Dow Yarbough_____________________

Q. What is your age?    Answer __67_____________________________________

Q. In what County do you reside?         Answer __McMullen County.____________

Q. How long have you rsided in said County and what is your postoffice address?

            Answer __About 40 year. Tilden, McMullen Co._____________________

Q. Have you applied for a pension under the Confederat Pension Law heretofore,

and been rejected? If so, state when and where.            Answer __No______

Q. What is your occupation if able to engage in one?    

Answer __Have none._________________________________________

Q. What is your physical condition?                  Answer __not good._____________

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 __old age and was shot during the war in the leg.______________

Q. In what State was your command originally organized?                    

Answer __Texas____________________________________________

Q. How long did you serve? Give date of enlistment and discharge.       Answer __enlisted in year 1861 Served until close of the war.___________

Q. What was the name or letter of your company and name or number of your

regiment?          Answer __Company K. Regiment 2nd Texas Cavalry____

Q. State whether you served in the infantry, artillery, cavalry, or the navy.                      Answer __Cavalry___________________________________________

Q. State whether or not you have recieved 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 recieved.          Answer __No_______________________________________________

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

____1 Mule 50________________________________________________

____1 Horse 50_______________________________________________

____1 Wagon 25_______________________________________________

Q. What property, and what was the value thereof, have you sold or conveyed

within two years prior to the date of this application?    

Answer __None______________________________________________

Q. What estate has your wife in her own right, real and personal, and what is its

value?               Answer __None__________________________________

Q. What income, if any, do you recieve?           Answer __None________________

Q. Are you in indigent circumstances; that is, are you in actual want, and

destitute of property and means of sbusistence? Answer __Yes_____

Q. Are you unalbe by your labor to earn a support?                  Answer __Yes_____

Q. Have you transferred to others any property of value of any kind for the

purpose of becoming a beneficiary under this law?                    

Answer __No________________________________________________

Q. Did you ever desert the Confederacy?          Answer __No__________________

Q. Have you been continuously since the first day of January, 1880, a bona fide

resident citizen of this State?                  Answer __Yes_________________

Q. If you originally enlisted in the Confederate service from the State of Texas,

were you at the date of passage of this act a bona fide resident citizen of the State of Texas?         Answer __Yes_____________________________

Wherefore your petitioner prays that his application for pension be approved and that such other proceedings be had in the promises as required by law.

                                                 his

(Signature of Applicant), __Dow X Yarbough.__      

Sworn to and subscribed before me this __28"__ day of __June__ A.D. __1906__

__W. C. Wheeler__

County Judge __McMullin__ County, Texas.

 

 

______________________________

 

AFFIDAVIT OF WITNESSES

(NOTE-There must be at least two creditble witnesses.)

THE STATE OF TEXAS,

COUNTY OF __McMullen__

Before me __W. C. Wheeler__ County Judge of __McMullen__ County, State of Texas, on this day personally appeared __W. P. White and Jas. Tope__

Who are personally known to me to be credible citizens, who being by me duly sworn on oath, state that they personally know Dow Yarbough th above named applicant for a pension, and that they personally know that the said Dow Yarbough is unable to support himself by labor of any sort.

(Signature of Witness) __W. P. White___________________________________

(signature of Witness) __James Tope____________________________________

Sworn to and subscribed before me this __28"__ day of __June__ A.D. __1906__

__W. C. Wheeler__

County Judge __McMullen__ County, Texas

(Renee's Notes: W. P. White is William Penn brother n law of Dow Yarbrough and James Tope is step brother to Dow Yarbrough.)

 

___________________________________

AFFIDAVIT OF PHYSICIAN

THE STATE OF TEXAS,

COUNTY OF __McMullen__

Before me __W. C. Wheeler__ County Judge of __McMullen__ County, State of Texas, on this day personally appeared __Dr. Houston Neeley__, 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 __Dow Yarbough__ applicant for a psnsion, 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: __A Gun shot wound through left hip which disables him he states in that hip, also he's suffering some chronic Nasal and bronchial (sic) and at his age in life and being (sic)ucialy unable to secum the success(sic) initiate (sic) will (sic) (sic) (sic) (sic)__

(Signature of Physician) __Houston Neeley M.D.__

Sworn to and subscirbed before me this __28__ day of __June__ A. D. __1906__.

__W.C. Wheeler__

County Judge __McMullen__ County, State of Texas

___________________________________________

 

CERTIFICATE OF COUNYT JUDGE

THE STATE OF TEXAS,

COUNTY OF __McMullen__

I __W.C Wheeler__ County Judge of __McMullen__ County, State of Texas, do hereby certify that on the __13th__ day of __November__ A. D. __1906__, before me came on to be heard the application of __Dow Yarbough__ for a pension under the Confederate Pension Law of this State, Approved May 12, A. D. 1899; that the answers of said applicant to the questions propounded were made under oath as the same appear in writing in the forgoing application; that the affidavits of the witnesses who are credible citizens were made before me as the same herinbefore appear, and that the forgoing affidavit of Doctor __Houston Neeley__ who is a reputable practicing physician of this county, was made before me. I also certify that the said applicant __Dow Yarbough__, 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 the said __Dow Yarbough__ 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 __Tilden__ this __13th__ day of __November__ A. D. __1906__.

__W.C. Wheeler__

County Judge __McMullen__ County, State of Texas.

 

_____________________________________________

 

CERTIFICATE OF COUNTY COMMISSIONERS

THE STATE OF TEXAS

COUNTY OF __McMullen__

We, the undersigned members of the Commissioners Court of McMullen County, Texas, hereby certify that the foregoing application of __Dow Yarbough__ for a pesion, together with the proff in support thereof, was duly submitted by Hon. __W. C. Wheeler__ County Judge of this __McMullen__ County to the Commissioners this __McMullen__ County, at a regular term thereof on the __13th__ day of __November__ A. D. __1906__ 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 __Tilden__ this __13th__ day of __November__ A. D. __1906__.

J. R. Lynch Commissioner

C. E. (sic)      "                              "

J. T. Callihan            "                              "

G. D. (sic)      "                              "

 

 

________________________________________

 

Comptroller's Department

State of Texas

Austin

To the Military Secretary,                                             March 14, 1907

            War Department,

                        Washington, D. C.

Sear Sir:

I have the honor to request the military record of __Dow Yarbrough__ who is reported to have enlisted in Company __K__, __2nd__ Regiment __Texas Cavalry in the service of the Confedearate States army.

            Purpose: The person above named is an applicant for a Confederate pension grandted by this State, and I desire to verify his proof of service.

                                    Very respectfully

                                                                        __J W Stephens__

                                                                         comptroller

 

 

______________________________________

 

MILITARY SECURITY OFFICE

WAR DEPARTMENT

MAR 13, 1907

12223643

Austin, Texas

March 14, 1907.

Dow Yarbrough,

Co. K, 2d Regt. Tex. Cav.

 

 

J. W. Stephens, Comptroller,

State of Texas.

For the military record of the above named an applicant for Confederate pension.

WAR DEPARTMENT,

THE ADJUTANT GENERAL'S OFFICE

Washington, March 19, 1907.

Respectfully retuned to the

Comptroller,

State of Texas,

Austin

It is shown by the records of this office that one Don Yarboro (name also borno as Yarbro), private, Company K, 2d Texas Cavalry, C.S.A., enlisted September 23, 1861. He is reported on the roll for January and February, 1864, last on file, as present. No later record of him has been found.

 

__H Auinoh__ (spelling ?)

The Adjutant General.

 

 

 

_____________________________________________

 

 

INTERROGATORIES TO WITNESS IN PENSION CLAIMS.

 

EX PARTE

__Dow Yarbough__

Applicant for Confederat Pension

PENDING IN THE Honorable Commissioners Court of

__McMullen__ County, Texas,

before the Honorable County Judge of said County.

            The Honorable County Judge of McMullen County, Texas, will please take notice that, five days after the service hereof, applicant herin will aply to the Clerk of the County Court of said State for a commission to take the depositons of __________ and __________ who reside ______ in the County of _________ in the State of ___________ in answer to the following interrogatories and such cross interrogatories as my be propounded by the County Judge of said County, which will be read in evidence upon the hearing of applicant's claim for pension in behalf of applicant; said testimony is material and indispensable to applicant in furnishing the required proof to h____ claim for a pension under the Act of May 12, 1899, the application for which is now pending before the Honorable County Judge, and the facts neccessary and required to be proven under the provisions of 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.

 

his

__Dow X Yarbough__

mark

(Applicant) Attorney for Applicant.

_________________

DIRECT INTERROGATORIES TO BE PROPOUNDED TO THE WITNESS

 

INT. 1. What is your name?      Age?    Present place of residence and postoffice

address?

INT. 2.

INT. 2. Do you personally know, or did you at any time know

__Dow Yarbough__ who is an applicant for pension under Act of May 12,

1899?

INT. 3. How long have you known the said __Dow Yarbough__ applicant for

pension and when and where did you first know him?

INT. 4. Do you personally know that the said __Dow Yarbough__ applicant for

pension enlisted in the service of the Confederacy, and perfomred the duties of a soldier or a sailor?

INT. 5. Do you personally know in what company and regiment the said

__Dow Yarbough__ applicant 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 __Dow Yarbough__ the said applicant for pension, is unable to support himself by labor of any sort?

_________________________

CROSS INTERROGATORIES.

To Be Propounded to __Jas Tope__

            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 you know 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 __Dow Yarbough__ serving in the same company or regiment in which you say the said applicant __Dow Yarbough__ 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 as said __Dow Yarbrough__ applicant serving in the same command.

            If you say that you so knew other soldiers or sailors of the same name of applicant's, then can you and how do you identify and locate the one from the other or others?

            Cross INT. 2. Are you positively certain that said __Dow Yarbrough__ applicant for pension, is the identical person serving as testified by you?

            Cross INT. 3. If you have answered Direct Interrogatory No. 6 in the affirmative, then please state your source of knowledge or information. Is not this your answer simply based on conjectrue?

            Cross INT. 4. Do you know whether or not the said __Dow Yarbrough__ applicant for pension, ever deserted the service in the Confederate army or navy?

 

THE STATE OF TEXAS

COUNTY OF __McMullen__

           

            I, __W. C. Wheeler__ 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 corss interrogatories of the said berein named witness my abe attached hereto.

__W. C. Wheeler__

County Judge __McMullen__ County, Texas

his

__Dow Yarbough____X__

Applicant mark

________________________

 

Deposition In Pension Claims, With Caption and Certificates.

EX PARTE

__Dow Yarbough__

Applicant for Confederate Pension

IN RE APPLICANT FOR CONFEDERATE PENSION

Under Act May 12, 1899, pending in County Commissioners Court of __McMullen__ County, Texas, before the Honorable County Judge of said county.

Answers of __Jas H Tope of McMullen County Texas.__ to the accompanying interrogatories (2) __and Cross Interrogotories__ propounded to __him__ in the above entilted cause taken before (3) __W. C. Wheeler County Judge in and for said county__ in accordance with the accompanying (5) ____________________

            To the first interrogatory the said __Jas Tope.__

Witness Answers:

Int 1.___Jas Tope. 66 years. Crowther, Texas McMullen County.___________

Int 2.____Yes._____________________________________________________

Int 3.___I have known appicant for 50 years. Houston & McMullen Counties__

Int 4.___Yes______________________________________________________

Int 5.___Company K Enlisted in year 1861 at Brownsville Texas and served until the break up.__________________________________________

INT 6.___Yes._____________________________________________________

__________________________________________________________________

___________________Cross Interrogatories_____________________________

__________________________________________________________________

_Cros. Int. 1. I did not know any other of same name as applicant________

_Cross. Int. I am certain the said applicant is the identical person_______

_Cross Int 3._____no. I know of my own personal knowledge______________

_Cross Int 4. He did not he served during the entire war_______________

_________________________________________________________________________________________________________________________________________________________________________________Signed James Tope_____

Subscribed and sworn to before me, this __28"__ day of __June__ 190_6_

__W. C Wheeler__

__County Judge McMulling Co

__________________________________________________________________

THE STATE OF TEXAS,

County of __McMullen__

I, __W. C. Wheeler Co Judge__

(her give name and official charater of officer before whom taken)

do hereby certify that __Jas Tope___ is personally known to me to be credible citizens of said County and State, and that the foregoing answers of __James Tope__ the witness before named, and _____________ whose name appears signed to the foregoing depostion, were made before me, and were sworn to and subscribed before me, by said witness (4) __Jas Tope._________________

Given under my hand and official seal, this the __28"__ day of __June__ 190_6_.

__W.C. Wheeler_____

_____Co Judge.______

 

 

____________________________________________

 

INTERROGATORIES TO WITNESS IN PENSION CLAIMS.

 

EX PARTE

__Dow Yorbrough__

Applicant for Confederat Pension

PENDING IN THE Honorable Commissioners Court of

__McMullen__ County, Texas,

before the Honorable County Judge of said County.

            The Honorable County Judge of McMullen County, Texas, will please take notice that, five days after the service hereof, applicant herin will aply to the Clerk of the County Court of said State for a commission to take the depositons of __________ and __________ who reside ______ in the County of _________ in the State of ___________ in answer to the following interrogatories and such cross interrogatories as my be propounded by the County Judge of said County, which will be read in evidence upon the hearing of applicant's claim for pension in behalf of applicant; said testimony is material and indispensable to applicant in furnishing the required proof to h____ claim for a pension under the Act of May 12, 1899, the application for which is now pending before the Honorable County Judge, and the facts neccessary and required to be proven under the provisions of 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.

____________________________

(Applicant) Attorney for Applicant.

_________________

DIRECT INTERROGATORIES TO BE PROPOUNDED TO THE WITNESS

 

INT. 1. What is your name?      Age?    Present place of residence and postoffice

address?

INT. 2.

INT. 2. Do you personally know, or did you at any time know

__Dow Yorbrough__ who is an applicant for pension under Act of May 12,

1899?

INT. 3. How long have you known the said __Dow Yorbrough__ applicant for

pension and when and where did you first know him?

INT. 4. Do you personally know that the said __Dow Yorbrough__ applicant for

pension enlisted in the service of the Confederacy, and perfomred the duties of a soldier or a sailor?

INT. 5. Do you personally know in what company and regiment the said

__Dow Yorbrough__ applicant 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 __Dow Yorbrough__ the said applicant for pension, is unable to support himself by labor of any sort?

_________________________

CROSS INTERROGATORIES.

To Be Propounded to __D. T. Winters__

            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 you know 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 __Dow Yorbrough__ serving in the same company or regiment in which you say the said applicant __Dow Yarbough__ 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 as said __Dow Yorbrough__ applicant serving in the same command.

            If you say that you so knew other soldiers or sailors of the same name of applicant's, then can you and how do you identify and locate the one from the other or others?

            Cross INT. 2. Are you positively certain that said __Dow Yorbrough__ applicant for pension, is the identical person serving as testified by you?

            Cross INT. 3. If you have answered Direct Interrogatory No. 6 in the affirmative, then please state your source of knowledge or information. Is not this your answer simply based on conjectrue?

            Cross INT. 4. Do you know whether or not the said __Dow Yorbrough__ applicant for pension, ever deserted the service in the Confederate army or navy?

 

DEPOSITION IN PENSION CLAIMS, WITH CAPTION AND CERTIFICATES

EX PARTE

___Dow Yorbrough____________

Applicant for Confederate Pension

IN RE APPLICANT FOR CONFEDERAT PENSION

Under Act May 12, 1899, pending in County Commissioners Court of __McMullen__ County, Texas, before the Honorable County Judge of said

                Answers and depostions of (1) __D. T. Winters of Big Foot Frio County Texas____________________________________________________________

To the accompanying interrogatories (2) __and cross Interrogatories__________

Propounded to __him__ in the above cause taken before (3) _Mack Kerchiville Notary Public in and for Frio Co Texas________________________

__________________________________________________________________

in accordance with the accompanying (5) __Commissioner___________________

            To the first interrogatory the said __D. T. Winters____________________

Witness answers:__Daniel T. Winters, 64 years of age Big Foot, Frio Co, Texas.__

__________________________________________________________________

__2nd____Yes, I know Dow Yorbrough._________________________________

____________________________________________________________________3rd____about 45 years and I first met him in the confederate army Col K 2nd Texas Calvery._____________________________________________________

____________________________________________________________________4th____I know he performed the duties of a confederate soldier_____________

____________________________________________________________________5th____He served in company K 2nd Texas calvery. Do not know date enlisted. Do not know where he inlisted. He served 24 months or more._______

____________________________________________________________________6th____I do not know but judging from his age, I would think he was unable to

to do manual labor at this time._________________________________________

___________________________________________________________________________________________________________________________________________________________- Cross examination -_________________________

____________________________________________________________________No 1 My source of information as to his service as a solier in the confederate army was from association with said Yorbrough applicant for pension. I did not know any other Dow Yorbrough in the confederate service.__________________

____________________________________________________________________2nd Yes, I am certain that said Yorbrough I have in mind as serving in Co K. 2nd Texas (rest is not legible)_______________________________________

____________________________________________________________________No 3. Not having seen said Yorbrough for a long time my source of knowledge comes from what I know about this age. And large cumbersome frame, and my oppinion in regard to molles is fased (sic)! All by this upon guessing how he could carry his massive body at this extreme age_____________ ____________________________________________________________________No 4 Do not know._____________________________________________

_________________signed_________________________________________________________________Daniel T. Winters_____________________________

____________________________________________________________________________________________________________________________________

Subscribed and sworn to before me, this __10th__ day of __July__ 190_6_

____Mack Kerchiville____

__Notary Public Frio Co Texas__

 

THE STATE OF TEXAS,

County of __Frio___

I, __Mack Kercheville____________________

(here give name and official character of officer before whom taken)

do hereby certify that __D. T. Winters__ and is personally known to me to be credible citizen of said County and State, and that the foregoing answers of

__D. T. Winters__ the witenss before named, and __D T Winters__ whose name appear signed to the foregoing deposition, were made befoe me, and were sworn to and sbuscribed before me, by said witness (4)___________________________

Given under my hand and official seal, this the __10th__ day of __July__ 190_6_

____Mack Kercheville____

__Notory Public Frio Co Texas__

 

 

This webpage is part of Renee's Family Genealogy

Read Lorenzo Dow Yarbrough by Renee Smelley

 

Visit the John Swanson Yarbrough Archives

Visit CO K 2nd Texas Cavalry/2nd Texas Mounted Rifles

Visit McMullen County TXGenWeb

 

This page was created on April 11, 2001

Last updates were made on July 4, 2001

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