DEPOSITION A - - CASE OF ELIZABETH HENRY

Submitted and © by: Cheryl Varner Walker

DEPOSITION A - - CASE OF ELIZABETH HENRY WID NO. 486455

On this 15 day of January, 1901 at Baker, County of Lincoln, State of Oklahoma, before me, George M. Flick, a special examiner of the Bureau of Pensions, personally appeared Mrs. Elizabeth Henry, 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 81 years old; my post-office address is as above. I am claiming pension as the widow of William A. Henry {full name William Andrew Henry} who served in Company A, 6th Missouri Cavalry From 1861 to 1864. He was out a little over three years. He never had any other service, military or naval. We were married in Scott County, Virginia near Pattonsville post-office, by the Rev. Isaac Fortner, a Methodist preacher, at my mother's home. I cannot call the exact date to mind but I have it set down in an old Bible.

{Exhibited-printed by the American Bible Society in 1857-the record which is in an old fashioned hand in ink very faded reads "William A Henry was bornd July the 26, 1821, and married to Elisabeth Powers October 20, 1841-Elisabeth Powers was bornd March the 15, 1919"-GMF}

My maiden name was Elizabeth Powers. I had never been previously married though I had one child prior to my marriage to Mr. Henry, whose name and date of birth you will also find recorded in the Bible {Exhibited "Rachel Ann Henry was bornd July the first 1840"} She always went by the name of Henry though she was not Mr. Henry's child. She was "my own". She is still living, her present name and address is Mrs. Joshua McKinley, Perkins, Payne County, Oklahoma. Mack Gambill who lives near here is her son by her first husband.

I raised a family of five {children by Mr. Henry} their names and ages are in the Bible. Exhibited -the record runs- Mrs. Imly C. Young, McDowell, Barry County, Missouri. "Imly C. Henry was bornd April the 16, 1844" Baker, Oklahoma "John W. Henry was bornd March the 29, 1846" Salem, Fulton County, Arkansas "Steven McHenry was bornd January the 29th, 1848" Baker, Oklahoma "George W. Henry was bornd October the 8, 1849" Elmout {?}, Collin County, Texas "James Morgan Henry was bornd May the 23, 1853" The entire Bible record is in one hand-writing all in ink and looks very old. It also bears on the fly leaf in red pencil "William Henry's book, July 1860-GMT.

The soldier had never been married prior to his marriage to me. The handwriting in the Bible is that of my brother James M. Powers who died 14 or 15 years ago. My original Bible was destroyed by high water of the Mississippi in the spring of 1858. We were then living on the Kentucky side of the river about twelve miles below Cairo, Illinois. I bought the present Bible that same years-so many people lost their books a Bible peddler came around and the record of marriage and births was immediately restored from memory, which was then fresh, and my brother did the writing. Every line of that was written before the war. I do not know whether a record of any marriage still exists, although I knew a license was taken out. I have been unable to get a record of my marriage by correspondence although I have endeavored to do so.

There are no living eyewitnesses to the ceremony that I know of; though I have one brother and one sister yet living who know as a fact that I was legally married to William A. Henry at my mother's house. They are Harvey Powers {BJ.18} of McCurry, Gentry County, Missouri and Mrs. Nancy J. Forgey {BJ.16} of Herd, Benton County, Arkansas. Washington Powers {BJ.19} who was my brother who is now dead. I know of no one now living who knew me prior to my marriage, or who could testify that I had no prior marriage, or who could testify that I had no prior marriage except my brother and sister above named. I have not lived in Scott County Virginia or ever been back there since about 1852, and know no one there except Mrs. Catherine Webb, of Leaf, Scott County, Virginia a daughter of Washington Powers.

I know of no one who knew my husband prior to our marriage. He was a stranger from Indiana - I do not know what part of the state-and never saw or knew any of his relatives except his father. He had two sisters somewhere in the "far west" but he lost track of them years ago. I have never remarried. We were never divorced or legally separated. I knew that I never had any divorce and as far as we have been able to learn he never obtained or applied for a divorce from me. He first left me 16 or 17 years ago. I made a memorandum of the date in an old Testament which I think I can find {Exhibited in lead pencil on a fly leaf my husband William Henry left me his wife on the 11th of January 1884"} He told me very suddenly that he "was going to leave me." "What for?" said I. "Nothing on your part" he replied, and that was all there was passed between us. He left that same day or the next with a young woman named Sarah Duncan.

Two years after, he returned, and was about the place where I lived with my son John W. Henry for two or three months. He volunteered the information that he had taken the woman only some 12 miles to where her uncle lived and had never seen her again, but I believe that to be a lie. In 1886, he rode off again saying he was going to Lebanon, Missouri on business-borrowed $10 from me-and I have never seen him since. Shortly afterward I heard of him having stayed overnight at my son George Henry's in Barry County, Missouri. Then I lost track of him altogether.

About ten years ago I applied for pension and by that means found out that he was still living and through our Congressman Wade my son learned that his address was Buck Knob, Arkansas. After that though we never corresponded with him we heard of him at several different times through others and I heard of him passing through Webster County Missouri from Alex Barnett, of Lenington, Webster County, Missouri {my son's brother-in-law}. My husband had stayed all night with Alex's father who was alive then. I heard of his death in the same way from Alex Barnett. Alex heard of his death through a kinsman of his named Joe Phillips who lived near where the old man died; and wrote of his death to us. Afterward, we had Alex to go where he died, and obtain the affidavits of his death that have been filed in this claim. I know that it was my husband who died in Douglas County, Missouri as shown by the evidence filed from the fact that Alex Barnett knew him and knew him well. Alex wrote us that a pension check came to him as he was on his death bed, and too feeble to sign it, and that it had been sent back.

I was living near Cassville, Barry County, Missouri when soldier abandoned me in 1884. My son John W. Henry came and got me, and I was living at his place in Webster County, Missouri near Seymour when my husband returned in 1886. I have made my home with this son ever since. We continued to live in Webster County, Missouri until we came to Oklahoma. We stayed in Perkins, Payne County, Oklahoma from January 1891 until September 1891 when the Sac and Fox lands opened then we came here and have lived here ever since.

At the time of his death the Duncan woman was still with him, and I supposed was passing for his wife; but she was not. I understood from Barnett that all he owned was a wagon and team, and the improvements on 40 acres of government land in Douglas County, Missouri. I suppose she got what he left. I have had no means of support since he abandoned me but have been dependent upon my son. I have owned no property of any kind since the date of his death. I have not owned a hoof of stock for several years. I have no income from any source. I did, however, December 21, 1900, prove up on the 160 acres of land which I am living on with my son. He has done all the work, made all the improvements, and provided me with a living since we came here in 1891, but the land was taken in my name, as he had had to relinquish his own claim during the hard times.

I live in a one room log house and he lives with his family in a two room log house about 20 steps from me. I do not know what the place is worth; it is not a very good claim; it is rough, broken, rocky and sandy in places. Proved up claims in this vicinity are usually assessed at a valuation of $400 and mine is below the average. I have heard through my son George W. Henry, who is the postmaster here, that the Duncan woman returned to Buck Knob, Arkansas after the old man died. It was from someone named Smith that my son got this report. We have written to the county clerk of the county that Buck Knob is in to learn if my husband ever did institute any divorce proceeding there. The clerk reported that there was no record of any.

I have rheumatism and am partially paralyzed. I cannot get out of the house without crutches. I cannot cook my own food or sweep my own floor. My meals are sent to me from my son. I cannot sign my own name any more on account of failing eyesight and rheumatism in my arm.

My husband moved to near Lebanon, Laclede County, Missouri in 1858, and we lived there until about 1867. Then we moved to near Waldo, Webster County, Missouri and lived there until about 1874; then we moved to near Cassville, Barry County, Missouri and it was there that he first left me in 1884; and then I went to live with my son John W. Henry near Seymour, Webster County, Missouri. I had known my husband a number of years before I married him. His father, a widower who had come into some land by heirship, brought him into our neighborhood from Indiana, before he was grown. I personally knew he had never been married before he married me. He was only 20 years old when we were married.

I have understood your questions and my answers are correctly recorded.

Witness John W. Henry G. W. Henry Elizabeth Henry her mark.

Sworn to and subscribed before me this 15 day of January, 1901 and I certify that the contents were fully made known to deponent before signing. George M. Flick Special Examiner.