In November, 1876, more than thirteen years after his discharge, under the same name of John M. Johns, he filed an application for pension, alleging a fever sore on his right leg contracted July 1, 1862, which resulted in the loss of the leg.
His claim was rejected in November, 1882, after a thorough special examination, on the ground that the disease of the leg resulting in amputation was contracted after the soldier’s discharge from the service.
The leg was amputated in February, 1865.
While there is some evidence tending to show lameness in the service and following discharge, and while one witness swears to lameness and fever sores in the service, evidence was also produced showing that the soldier returned home from the Army in good physical condition and that the disease of his leg first manifested itself in the latter part of 1864.
It will be observed that he served in the Army nearly a year after it is alleged he contracted his disability, and that though his leg was amputated in February, 1865, he did not apply for a pension until 1876.
Moreover, the surgeon who amputated his leg testified that the soldier and his parents stated that he came out of the Army without a scratch; that on New Year’s night in 1865 he became very warm at a dance; that he went outdoors and was taken with a chill and pain in his side, which subsequently settled in the leg and caused a gangrenous condition, and that upon amputating the leg the artery below the knee was found plugged by a blood clot, which caused the diseased condition of the leg and foot.
This testimony and the other facts established and the presumptions arising therefrom clearly indicate, in my opinion, that the claim made for a pension by this beneficiary is without merit.
GROVER CLEVELAND.
EXECUTIVE MANSION, February 13, 1889.
To the Senate:
I return without approval Senate bill No. 3451, entitled “An act granting a pension to Frank D. Worcester.”
The beneficiary named in this bill served in the Volunteer Army from February 4, 1863, to January 27, 1864, a period of less than one year, when he was discharged upon the certificate of a surgeon, alleging as his disability “manifest mental imbecility and incontinence of urine. Disease originated previous to enlistment.”
In 1880, sixteen years after his discharge, a claim for pension was filed in his behalf by his father as his guardian, in which it was alleged that his mind, naturally not strong, became diseased in the Army by reason of excitement and exposure.
He was adjudged insane in 1872 and sent to an insane hospital, where he remained about six years, when he was discharged as a harmless incurable. His mental condition has remained about the same since that time.
Upon the declared inability to furnish testimony to rebut the record of mental disease prior to enlistment, the claim for pension was rejected in 1883.