MY NOTES (not part of pension)
Robert Shelton married 1)1854 Habersham Co GA to Melissa C Johnson with whom he had two children, William (b.1855) & Talatha Martha Elizabeth (b.1860). Apparently, Robert & Melissa separated but did not divorce. Robert then married 2)1861 Murray Co GA to his cousin Ellender Telitha "Litha" Shelton and they moved to Tennessee.
Melissa Johnson-Shelton never married again and she never saw Robert Shelton again after they separated. Someone (mistakenly) told her that Robert was killed in an explosion in the Civil War in 1864. In 1879, she applied for a Civil War widow's pension based on her husband's service. The claim was denied because they could find no record of her husband being killed in battle but did have record of his being mustered out of service in 1865.
Robert Shelton received a Civil War pension until his death in 1899. In 1900, his widow Litha Shelton-Shelton applied for a Civil War widow's pension. The government then noticed that two different women had claimed to be the widow of the same soldier so an investigation was begun to determine if either of these women was the legitimate widow. Litha Shelton-Shelton claimed that she did not know that her husband had a previous wife, and therefore, did not know whether they divorced. By the time of this investigation, Melissa Johnson Shelton had died. Her brother Elisha M Johnson of Rabun Co GA stated that Robert & Melissa Shelton did NOT divorce.
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MELISSA JOHNSON SHELTON'S CLAIM
State of Georgia, County of White
On the fourth day of October, AD one thousand eight hundred and seventy nine personally appeared before me Isaac Oaks, Ordinary the same being a Court of Record within and for the county and state aforesaid Mrs Malissa C Shelton age 48 years, who being duly sworn according to law, makes the following declaration in order to obtain the pension provided by Acts of Congress granting pensions to widows: That she is the widow of Robert Shelton who enlisted under the name Robert Shelton at she thinks in Capt Hall or Davis Companyin 1863 or 1864 in Company D or H 10th Regiment Tennessee Cavalry Volunteers in the war of 1861 who was killed by the exploiseion of a Bumshell at or near Nashville State of Tennessee on or about the 1st day of December 1864 while in the Military service of the United States and in the line of his duty as a soldier about on the first day of December AD 1864 who bore at the time of his death the rank of private (10) in said Regiment that she was married under the name of Malissa C Johnson to said Robert Shelton on the 6th day of February AD 1854 by Elnathan Davis at Habersham County Georgia there being no legal barrier to such marriage and that neither she nor her husband had ever been previously married. That she has to the present date remained his widow; that the following are the names and dates of birth of all his legitimate children yet surviving who were under sixteen years of age at the father's death to wit:
William Shelton, of soldier by Malissa C Shelton, born July 26th 1855
Martha E Shelton, of soldier by Malissa C Shelton, born March 13, 1860
That she has not abandoned the support of any one of his children but that they are still under her care or maintenance.
William Shelton one of these children above named died August 10th 1877 in Rabun County State of Georgia
that she has not in any manner been engaged in, or aided or abetted, the rebellion in the United States; that no prior application has been filed by her or any other person that she knows of; that she hereby appoints, with full power of substitution and revocation, H H Walker of Crosskeys Georgia her attorney to prosecute her claim; that her residence is (blank) and that her post office address is Cleveland White County Georgia.
Malissa C Shelton
Attest 2 witnesses: William M Gibby & Robert Heath
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State of Georgia, White County
The claimant Malissa C Shelton being duly sworn further states that she had two children by Robert Shelton her late husband the soldier whose names and dates of their births are as follows.
William the oldest was born on the 26th day of July AD 1855. And Martha E the youngest was born on the 13th day of March AD 1860. And that William died on the 10th day of August AD 1877. That these two children above named are the children of Robert Shelton the soldier and herself. And are all the children of Robert Shelton and herself that was under 16 years of age at the time of his death in 1864. And that her said husband Robert Shelton did not have or leave any children or minor children by former marriage, and that those two above named were born under and during the lawful wedlock of herself and said Robert Shelton. And that she did not nor has not abandon the care or support of either one of said children while they were in the years of minority, i.e. under 21 years.
And that she is unable to give the captain's name or the letter of the company in which he served or the time and place of his enlistment for the reason that he left home and went a great distance west to state of Tennessee and enlisted in a distant state that her principle means of knowing and of ascertaining is and has been from the statements of soldiers who belonged to the same Regiment that her husband belonged and who was acquainted with him an her. That she has made requistion through her atorney at the War Department for more full and correct information and the Hon Adjutant General War Department refuses to give the information desired from the records in his office
Malissa C Shelton (her mark)
Witnesses: William A Gibby & Robert Heath
Sworn to and subscribed before me on this 4th day of October 1879 And I certify that the foregoing was read and the contents explained before signing . Given under my hand and seal of court. Isaac Oaks, Ordinary, White County GA
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April 2 1881
John R Leonard testifies that he was late asst surgeon 10 Tenn Cav and that he saw the body of Robert Shelton who was a private in Co G 10 Cav Vols dead on the field of battle having been struck by a shell or solid shot. George W Long and William Long privates Co H 10 Tenn Cav corroborate the above statement
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Claimant alleges that the soldier was killed at Nashville TN December 1 1864
Rejected. the soldier not having been killed in battle as alleged--Records of War Department show him mustered out of service with company August 1 1865
Report of Adjutant General State of Tenn which shows the name of David Sheldon enrolled Feby 15 1864 mustered Feby 23 1864 in Co G 10 Tenn Cav and killed in Battle Nashville Dec 17 1864
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ROBERT SHELTON INFO
Act of June 27, 1890
Declaration for invalid pension
State of Tennessee, County of Henderson,
On this 24 day of October AD one thousand eight hundred and ninety four, personally appeared before me, D F Neisler a justice of the peace within and for the county and state aforesaid, Robert Shelton, age 61 years, a resident of the state of Tennessee County of Henderson, State of Tennessee, who being duly sworn according to law, declares that he is the identical Robert Shelton, who was enrolled on the 16th day of January, 1864, in Co H 10 Tenn Cav as a private in the service of the United States in the war of the rebellion, and served at least ninety days, and was Honorably Discharged at Nashville, on the 11th day of July 1865. That he has not been employed in the military or naval service otherwise than as stated above.
That he is now unable to earn a support by manual labor by reason of Fistula and other disabilities, Weak Back or Kidney Trouble may be caused by Fistula.
That said disabilities are not due to his vicious habits, and are to the best of his knowledge and belief permanent. That he has not applied for pension under application No.568 546. that he is a pensioner under Certificate No (blank).
That he makes this declaration for the purpose of being placed on the pension-roll of the United States, under the provisions of the Act of June 27, 1890.
He hereby appoints, with full power of substitution and revocation:
A C Webb of Washington DC
his true and lawful attorney to prosecute his claim, the fee to be Ten Dollars as prescribed by law. That his Post-Office Address is Stegall, County of Henderson, State of Tennessee.
Robert Shelton
Witnesses: Atlas Stewart & J K Edgar
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Certificate 905741
Name Robert Shelton
Sir:
In forwarding to the pension agent the executed voucher for your next quarterly payment please favor me by returning this circular to him with replies to the questions below.
Very respectfully
Mclay? Evans?
First. Are you married? If so, please state your wife's full name and her maiden name.
Answer. Lethey Elender Shelton
Second. When, where, and by whom were you married?
Answer. April 1861 Murry Co GA by Wm Hosler
Third. What record of marriage exists?
Answer. Record of Murry Co GA
Fourth. Were you previously married? If so, please state the name of your former wife and the date and place of her death or divorce.
Answer. No
Fifth. Have you any children living? If so, please state their names and dates of their birth.
Answer. Margret Jane, Jany 28/65. Susan Ann Decr 23/67. Wm Allen Novr 6/69. John Thomas Mch 26/71, James Elijah May 2/72. Robert Eli July 9/80
Robert Shelton
Date of reply, August 4th 1898
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LETHY SHELTON'S CLAIM
Application for Accrued Pension (Widows)
State of Tennessee, County of Henderson
On this the thirteenth day of January 1900, personally appeared Lethey Elender Shelton, who, being duly sworn, declares that she is the lawful widow of Robert Shelton, deceased; that he died on the 13 day of November, 1899; that he had been granted a pension by Certificate No 905741 which is herewith returned ; that he had been paid the pension by the Pension Agent at Knoxville, Tenn, up to the (blank) day of Augst, 1899; after which date he had not been employed or paid in the Army, Navy, or Marine service of the United States, except the above; that she was married to the said Robert Shelton on the (blank) day of April, 1861, at Anderson Coner House, in the State of Gorgey; that her name before said marriage was Lethey Elender Shelton; that she had (or had not) been previously married; that her husband had (or had not) been previously married; that she hereby makes application for the pension which had accrued on aforesaid certificate to the date of death; and that her residence is County of Henderson, State of Tennessee, and her post office address is Rigon. And she appoints H D Phillips her attorney & agrees to pay him $10 for the prosecution of her case.
Lethey Elender Shelton
Also personally appeared W R Harden, residing at Enville Tennessee, and W R Sturde, residing at Regan Tenn, who being duly sworn say they were present and saw Lethey Elender Shelton sign her name (make her mark) to the foregoing declaration; that they know her to be the lawful widow of Robert Shelton, who died on the 13 day of November, 99, and that their means of knowledge that said parties were husband and wife, and that the husband died on said, date are as follows: (blank)
W R Harden & W R Stewart
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INVESTIGATION INTO LETHY SHELTON'S CLAIM
Deposition A
Case of Lethy E Shelton No 712,158
On this 16th day of July 1901 at Burton, County of Rabun, State of Georgia, before me, A B Parkey, a special examiner of the Bureau of Pensions, personally appeared Elisha M Johnson who being by me first duly sworn to answer truly all interrogatories propounded to him during this special examination of aforesaid claim for pension, deposes and says:
I am 60 years of age; am a farmer; residence near and P O address, Burton GA. I was a confederate soldier during late war as a private in Co F, 52nd GA Vol Inf. I enlisted about March 1862, and was paroled from Camp Douglas, Illinois at the close of the war.
I was formerly well acquainted with the soldier Robert Shelton. I knew him from boyhood. He was a little older than I. He was reared in this section. He was a son of Steve Shelton, but I have forgotten the name of his mother. Steve Shelton died here in Georgia I think. I think Robert Shelton mother is also dead but I do not know where she died. A good many years ago Steve Shelton and wife moved to Alabama and the old man came back here and died.
Robert Shelton had two brothers Levi and Isaac. Don't know where either of them are. Robert Shelton had two sisters Rachel and Marcilla. I think there was another but I do not recollect the name.
Robert Shelton married my sister Malissa C Johnson several years before the war. I was present and saw them married at the house of my father Manley F Johnson in Habersham County Georgia.
My sister had one child, William, by Robert Shelton. Robert Shelton and my sister lived together about two years--they made two crops; they then separated. Robert took up with his cousin Lethy Shelton and they ran away from here together and it was said they went to Tennessee. No, sir, Robert Shelton and my sister were never divorced from each other. After Robert Shelton left my sister, she went back to the home of my father and lived with him until she died about Septemb, 1896.
Father died last fall. My sister never remarried. She gave birth to one child, Elizabeth, now the wife of Dock Keener, shortly after she and her husband separated. Elizabeth was said to be the child of Robert Shelton. Robert Shelton and my sister separated about the time the war began or just before. I understood that Robert Shelton first went with the Confederate Army but I do not know in what company and regiment and that he later got into the Yankee army in a Tennessee regiment, but I do not know the number of it. I have occasionally heard all along since the war that Robert Shelton and the woman Lethy were living together in Tennessee, not a great way from Nashville. I last heard that he was living about 3 years ago; since then I have heard that he had died. I knew Lethy Shelton but I do not remember the names of her parents . Oh yes, I think Lethy must have known the wife of Robert Shelton because they were living here in the same community. No, no, sir, I never heard that Robert Shelton had been killed in the USA because I have heard from him all along since the war.
No interest in this claim. Have heard read the foregoing and it is correct.
Elisha M Johnson
witness: Miss Leatha Emery
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Deposition B
Case of Lethy E Shelton No 712,158
On this 16th day of July 1901, at Wolffork, county of Rabun, State of Georgia, before me A B Parkey, a special examiner of the Bureau of Pensions, personally appeared Elizabeth E Keener, who, being by me first duly sworn to answer truly all interrogatories propounded to her during this special examination of aforesaid claim for pension, deposes and says:
I was born March 13, 1860, and am therefore 41 years of age, am the wife of Isaac M Keener; residence and PO address Wolffork, Rabun County Georgia.
I am a daughter of Robert and Malissa C Shelton. I understand that my father was residing at Goshen, White County Georgia when he and my mother married. They were residing at the same place when my father and mother separated sometime before I was born. My father took his cousin, Lethy Shelton, and ran away with her and my mother said that she never saw him again. She never knew to what place my father went; neither did I. I never heard definitely what became of my father. Several years ago my mother tried to get a pension from the US on account of my father's service in the US army. At that time, some men who claimed to have served in the army with my father, and whose names are unknown to me, stated that my father had died somewhere at some time in the state of Tennessee, but I never heard time or place.
My mother's maiden name was Malissa C Johnson, daughter of Manly F and Aggie Johnson. My grandfather's family Bible which I show you contains the following record:
"Robert Shelton and Malissa C Johnson was maried Februay the 1853
William Shelton there first was Born July 26 1855
Talatha Martha Elizabeth was Borned March the 13, 1860
William Shelton Departed this Life August 10, 1877"
These records were entered by my grandfather Manly F Johnson
(The Bible in question was published at New York by the American Bible Society, 1853. The records are old and evidently genuine though there is a discrepancy in the Bible and official record of date of marriage. The day of the month in the Bible record having been omitted would indicate that said record was subsequently entered from memory----Parkey epax??)
I understood that my father first served a while in the Confederate army and then later he got into the US army and served a while. Do not know who served with him in either army and do not know the organization in which he served in either army.
My uncle Elisha M Johnson, Burton, Georgia, knew Lethy Shelton and my father well.
The Bible record also shows:
"Malissa C Johnson was born July 15, 1830" and
"Malissa C Shelton departed this life Septemb 9, 1896"
My mother died about 3/4 of a mile from this place. I saw my mother after she died and was at her burial. The cause of death was cancer of face. She died September 9, 1896, as shown by the record.
My father and mother were never divorced from each other to the best of my knowledge and belief and I never heard of any divorce on the part of either my father or mother. My mother remained single from the time my father left her until she died. I do not remember that I ever heard that my father and Lethy Shelton had been married. Neither my father or mother were married before their marriages to each other.
I have always understood that my father was a little younger than my mother. Mother said my father had blue eyes and dark hair. Do not know his height but I think he was dark complexioned. I have no picture of my father and know of none in existance.
Have no interest in this claim. Have heard read the foregoing statement and my answers have been correctly recorded.
Elizabeth Keener
Attest: Rachel J Keener & A S Dickerson
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Deposition A
Case of Lethy E Shelton, No 712,158
On this 17 day of Jany 1902, at Reagan, county of Henderson, State of Tenn, before me, Geo A Crutchfield, a special examiner of the Bureau of Pensions, personally appeared Lethy E Shelton, who, being by me first duly sworn to answer truly all interrogatories propounded to her during this special examination of aforesaid claim for pension , deposes and says:
I am 62 years old. My PO address is Reagan Tenn. My full true and correct name is Lethy Ellender Shelton. I am the identical Lethy E Shelton who has made application for pension as the widow of Robert Shelton who served during the Civil War in Co H, 10 Tenn Cav. My said husband never served in any other military or naval organization. I am not able to give you the dates of his enlistment and discharge from memory but I show you his original certificate of discharge which shows that he enlisted in organization above named on Jan 16 186_ and was discharged therefrom on Aug 1, 1865. My said husband never served in the Confederate Army or Navy. He was conscripted by the Confederates when we were living in East Tenn Polk Co but he escaped in three days and was never mustered in. He escaped from them before reaching the place to which they had started. The rest of the time from the time I married Robert Shelton till he enlisted in Co H, 10 Tenn Cav he was at home with me and could not have had any Confederate service. If it is so reported that he was in the Confederate Army at any time the report is false for to my certain knowledge he was right at home with me and he could not have been in the Confederate army without my knowing it.
I have known Robert Shelton off an on all my life. Our fathers were second cousins and with the exception of a year or two when we were small we always lived in the same neighborhood up to the time we were married. He was never married before he married me that I ever knew or heard of.
No sir, he never had a wife named Malissa before he married me that I ever heard of.
No sir, I never knew any Malissa Johnson and if my husband was ever married to any woman by that name it is all news to me.
No sir, I have never heard my husband or any one else ever mention the fact that he was ever married to Malissa Johnson or any one else before he married me. I was born in Rayborn Co GA and moved to Habersham Co GA before I could remember and we moved from there to Polk Co Tenn when I was about 9 years old and we lived there some three or four years and then we moved back to Gilmore Co GA and lived there until I was grown and then we moved to Murray Co GA and lived there until I married Robert Shelton a period of a year or year and a half. When we lived in Habersham Co GA, Robert Shelton lived close to us but I was very small then. When we lived in Polk Co Tenn, I saw nothing of Robert Shelton. When we moved to Gilmore Co GA, Robert Shelton moved there shortly afterwards and we lived neighbors there several years and we left him there when we moved to Murray Co GA. He followed to Murray Co GA about 6 months before we were married. My understanding was that he moved from Gilmore Co there.
I know for a fact that he never had any wife during the period he lived around me and I repeat I never heard from any source that he was ever married before he married me. I never lived in Habersham Co GA after I was a small girl not over 9 years old. I can't recollect any Malissa C Johnson or Elisha M Johnson or any of the Johnson family.
The father of Robert Shelton my late husband was named Stephen and his mother was named Susan. He had one brother named Isaac. He had a sister named Elizabeth and I understood had one named Ellender. He had some others whose names I don't remember. I don't know whether he had a brother named Levi or a sister named Marcella.
I have not seen or heard of any of them since the time of the war. I have never seen any of them since I left Habersham Co Ga and I have not heard of any of them except Isaac since and the last I heard of him was during the war and he was then living in Cherokee Co GA. I dont know in what part of the county. My husband never corresponded with any of his people or kept up with them in any way after the war.
I was married to Robert Shelton on Apr 7, 1861 by Squire Bill Hossler in Murray Co GA at the house of Anderson Cannon (Connor??) who was living on Squire Hossler's land. Old man Barnet & wife were present. None of my people were there. I know of none now living who were there. After our said marriage we staid there something like two years near Spring Place Murray Co GA. Dave Westfield, Bud Phipps, Mary Westfield, Jim Ellard, Joe Terry all lived neighbors to us then as did John Birtieshaw but I have not seen or heard of one of them since we left that country. We then moved to near Ellegy the county seat of Polk Co Tenn between that and Ducktown and lived there till my husband enlisted in Co H, 10 Tenn Cav.
John Brewer, Bill Lillard, Jim Young, John West and ____ Haskins were neighbors to us there. We lived on Jim Mitchell's land and my husband farmed. After the attempt was made to conscript my husband as herein stated he went to Knoxville to work on the government works and when the rebels drove the Union forces back from there to Nashville he went to Nashville and joined the army. I staid at home until he joined the army and then I went to Nashville. After his muster out we went to near Manchester Coffee Co Tenn staid there a number of years cant remember how long and then we moved out to this country where we have lived ever since. I think we came here in the Fall of 1872. I will say in regard to my name as it appears in my marriage certificate: that the name Ellen T was put in through an error of the clerk or of the person who was sent for the license. The clerk may have written Ellen T for Ellender. I am though certainly the person named in that certificate. My husband was about 28 or 30 years old when he enlisted . I never knew his exact age but he always claimed he was some seven years or such a matter older than me. He had blue eyes, black hair, sandy beard, about 5 ft 10 or 11 inches tall. I don't know where he was born.
I am not able to name a single soul who knew my said husband Robert Shelton before we were married. I don't think he had lived in Habersham Co GA for several years when he married me. And I had not been in that county since I was about 9 years old. I cant say whom he knew there or what he did there but I most certainly never heard from any one that he ever contracted a marriage there. I cant recollect any of these Johnson people and I dont believe they recollect me. It is not true that I ran away with Robert Shelton and that he deserted his first wife Malissa for me. He had been living Murray Co GA at least 6 months when he married me and I know he had no wife during that period with him.
I am not able to cite you to anyone to prove that my husband is not the Robert Shelton who married Melissa Johnson because I can't name a soul who knew him at the period that the record shows that Robert Shelton married Melissa Johnson or during the period that it is alleged he lived with her and I don't know anything about where my husband Robert Shelton was living during that period but I do know that I myself know nothing about that woman whatever. I cant recall that I ever knew such a person and I never heard my husband mention her in any way. I know I never heard him say that he was ever married to her.
No, I never heard my husband say he was ever divorced from her. I never heard him mention her at all.
The only kin that I have living to my knowledge is Elizabeth Luker, a sister, who now lives near Henning, Lauderdale Co Tenn. She though could not possibly have any knowledge of the marital history of Robert Shelton before he married me as she was barely old enough to remember his marriage to me.
As to whether my husband was ever in the Confederate army, I can only cite you to the persons herein before named as our neighbors after our marriage. They knew he was never away from home in the Confederate army.
But as to the question as to whether my husband was ever married before he married me to a woman named Melissa, I will say that I have no knowledge by hearsay or otherwise of such a marriage but I am not able to cite you to any person to prove that he contracted no such marriage for as stated herein I know nothing as to the whereabouts of any of his kinfolks or of anyone who would likely know anything about the marital history of my said husband before he married me.
I have been made aware of the evidence of the marriage of Robert Shelton to Melissa C Johnson and the evidence obtained on special examination of that claim and I can add nothing to what I have already said.
I lived with my said husband from the time of our said marriage till he died Nov 13, 1899 without divorce and I have not since remarried. My husband left the land I now occupy worth about $1000 with a mortgage on it of $400. I have not been able to meet this indebtedness and a bill to foreclose has been filed. I own no interest in any other real estate and my personal property is not worth more 30.00. I am dependent on my own labor for a living. My husband left no child under 16 years old when died.
My answers are correctly recorded.
I don't care to be present at any further examination of this claim and waive right to notice of same.
Lethy E Shelton
attest: W A Shelton
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State of Tennsee, County of Dyer (page is stamped "Pension Office; July 2, 1900")
In the Pension Claim of Elender E Shelton, widow of Robert Shelton, late of Co H, Reg't 10 Tennsee Vols., personally came before me, clerk of the county ct, in and for the aforesaid county and state, Mrs Elizabeth Loduska Luker, who, I hereby certify, is a respectable and credible person and, who, being duly sworn, declares in relation to the aforesaid claim, as follows:
I will state that I have none the above name parties all my life and ther never was any former marig with either of thim. My meens of noing what I testify too is that Elender E Shellton is my sister & I live with them a longe time from a small childe till I was maride and I no if thir had bin a former marige with either of them I wood of none it. My age is 47 years.
She further declares that her post office address is Newbern, County of Dyer, State of Tenn, and that he is not interested in said claim or concerned in its prosecution.
E L Luker
witness: W H Tucker & E H Bell?
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REPORT OF GEORGE CRUTCHFIELD
Memphis Tenn
Jan 20, 1902
Comsr of Pensions
Washington DC
Sir,
I return herewith together with my report the papers in the case of Lethy E Shelton 712,158, alleged widow of Robert Shelton, late Co H, 10 Tenn Cav and the papers in the case of the contesting claimant Malissa C Shelton 254,775.. These claims were referred for special examination to determine which if either of the contesting claimants is the legal widow of soldier in accordance with instruction embodied in Law Divison dated Jan 14, 1901. See p.4 Report of Spe.Exr Parkey of July 19, 1901.
The claimant Lethy E was served with the usual notice and waives notice of further examination. The reputation for truth of this claimant is doubtful.
I am thoroughly convinced from her manner of testifying that she did know or at least had heard of the prior marriage of her husband to the claimant Melissa but having made the statement that she had no such knowledge she did not have the courage to admit that she had made a false statement. She kept emphasizing the statement:
"Well he may have had that woman but I didn't know it". When I suggested that while she did not know it she possibly may have heard of it she hesitated and looked embarassed and seemed on the point of admitting it then changed her mind and denied it. After that she strenuously denied everything and circumstances that tended to indicate such knowledge on her part. I read the deposition of Elisha M Johnson to her after she denied all knowledge by hearsay or otherwise of a prior wife, and again she hesitated but finally persisted in her denial. When Johnson's deposition was first read to her she did not make any denial that he had correctly named her husband's brothers and sisters but when I came to the point of asking her to name her husband's brothers and sisters she did not name the ones that he named except Isaac but said there were others whose names she could not remember.
That the husband of the claimant Lethy is the man who served in Co H, 10 Tenn Cav is not questioned besides she holds his original discharge certificate. There seems also to be no question but that Lethy's husband was identical with the husband of Melissa.
There seems to have been no divorce from Melissa. Claimant Lethy does not claim it and Georgia witnesses deny it and the court records of the several counties in which he lived does not show it. If soldier really did conceal his first wife from Lethy that very action would indicate a non-divorce. It will be observed that in his reply to the Bureau Circular letter of Jan 13, 1898, soldier answers all questions except No.4 relating to prior marriages which he leaves blank.. Although in his answer to same circular of Aug 4, 1898, he denies prior marriage. I did not go to Henning Tenn to take the testimony of claimants sister E L Luker because she was only 8 years old when claimant was married to soldier and her testimony on the subject of any prior marriages would be of no value.
As to the suspicious signatures of G F Heflin, A Wright, and B T Laster I will say that Heflin swears he made the affidavits in question and that Wright signed in his presence. A careful inspection of Wright's signature too to my mind makes it evident that it is not in Harden's handwriting. A comparison of Dr Laster's signature with Harden's signature and that of Bailey I think also makes it evident that neither of them wrote it. Dr Laster apparently wrote the entire affidavit including his name in the body of it while Bailey appears to have written his own name in the body of the affidavit and signed the first? only.
Claimant declares her inability to furnish any evidence to refut that as to soldiers prior marriage obtained by Spl Exr Parkey or to furnish any data for further examination as to soldiers marital history before he married her. I therefore recommend reference of this report for consideration of the Chief of the Law Division.
Very respectfully,
Geo A Crutchfield
Spl Exr
PS: While claimant's manner indicated knowledge of soldiers prior wife, it does not seem possible to obtain sufficient proof thereof on which to base a successful criminal prosecution. I suggest therefore, that the papers be ref___ by the Chief of the Law Division to the Chief of the Board of Review for final action on the merits of the claim.
George Crutchfield.
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END OF PENSION
Notes by me:
1)Lethy Ellender Shelton-Shelton states that her marriage record is wrong when it calls her Ellen "T" Shelton; however, in the 1850 & 1860 census, she is called TELITHA Shelton--so Lethy is a derivative of Telitha.
2)Several online sources say that Robert Shelton's older brother was named "Jackson" Shelton b.1832 NC. The pension shows that this brother, called "I" Shelton in the 1850 census, is Isaac Shelton (he married Sarah Allred; lived in Pickens & Murray Co GA). Robert DID have a younger brother named Andrew Jackson Shelton (1850-1929)
3)Robert Shelton DID serve in the Confederate Army:
Robert Shelton CONFEDERATE Service
Robert Shelton--pvt--Capt John W Beck's Company (Bartow Avengers)
Appears on the Company Muster Roll of the organization named above for Sept 19 to Oct 31, 1861.
Enlisted Sept 19 186_
Where: Dalton GA
By whom: Lt Col J L Calhoun
Period: for the war
Present or absent: present
For Nov & Dec 1861
sick in hospital
For Jan & Feb 1862
absent on sick furlough since Jan 2 1862
For Mar & Apr 1862
discharged on Surgeon certificate 22 Mch & final statement given
Certificate of Disability for Discharge Robbert Shelton of Capt J W Beck Company E? 4 Batt Ga Vols of the Confederate States was enlisted by J L Calhoun at Dalton on the 19 day of Sept 1862 to serve during the war. He was born in Habbersham County State of Georgia is twenty three years of age five feet nine inches high, med complexion grey eyes dark hair. By Occupation a farmer during the last three months said Shelton has been unfit for duty.
J W Beck Capt
Commanding Company E
4 Batt Ga Vols
I certify that I have carefully examined private Robert Shelton of Comp E 4th Geo Batal and find him incapable of performing the duties of soldiers, because of chorea. As far as I can learn from the said Shelton, he has been suffering very severely from this condition for the last three months, which is supposed to have proceded from an old spinal injury. I would therefore recommend him as a fit subject for a discharge.
Jon M Johnston, surgeon
Genl? Hospital
March 21st 1862
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NOTE: Dalton, GA is less than ten miles from Spring Place, Murray Co GA where Robert & Lethy lived.
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4)
Providence Baptist Church, Habersham Co GA
exp=received by experience; rbl=received by letter; dbl=dismissed by letter
1836 Marion Shelton--exp
1836 Marion Shelton--dbl; David Canup--dbl (NOTE: David Canup md Barbara Shelton 1836 Habersham Co GA)
1838 Polly Shelton--rbl
1839 Mary Shelton--dbl (NOTE: Polly is usually a nickname for Mary)
1840 Lucinda Shelton--excluded
1844 Lucinda Shelton--received by recantation
1846 Lucinda Shelton--dbl
1854 Stephen Shelton--exp; Robert Sheldon--exp; Malissa Shelton--exp; Susannah Shelton--rbl
1856 Robert Shelton--excluded for parting from his wife
1856 Elizabeth Shelton--exp; Rachel Shelton--exp
1860 Melissa Shelton--excluded from fellowship
1861 Elizabeth Shelton--dbl
1862 Elizabeth Shelton--received certificate of letterings?
1862 Merciller Shelton--exp; Levy Shelton--exp; Jackson Shelton--exp
1865 Stephen Shelton, Susannah Shelton, Jackson Shelton, Wiley Shelton--dismissed to form church at Goshen.
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NOTE:
1)Church record agrees with Elisha Johnson's testimony in Robert Shelton's pension record that Robert & Melissa separated after two years of marriage.
2)Jackson Shelton is Andrew Jackson Shelton (1850-1929);
3)Who is Wiley Shelton?