JAMES CLARK

Company "K" 17th Regiment W.Va. Volunteer Infantry

Submitted by Denise Murphy


TABITHA CLARK – WIDOW’S CLAIM

June 5 1866
ARMY PENSION – Widow’s Claim
State of West Virginia, County of Marshall
On this 5th day of June A.D., one thousand eight hundred and sixty six personally appeared, before me Housan Riggs, Clerk of the Circuit Court for the County & State aforesaid, Tabitha Clark a resident Liberty Township in Marshall County, State of West Virginia, aged 36 years, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress approved July 4th 1862. That she is the widow of James Clark late of Marshall County, State of West Virginia who was a Private in Company “K” commanded by Capt. Carter in the 17th Regiment of West Virginia Vol Infty commanded by Col. Day, in the way of 1861, who died on the 29 day of July 1865 at Fish Creek in Marshall County, State of West Va that his death was caused by Chronic Diarrhea contracted while in the service of the United States—for proof of which she would respectfully refer you to the muster or pay rolls of said Company.

She further declares that she was married to the said James Clark on the 13th day of August 1846, at Fish Creek in Marshall County, State of West Va., by David Auguish, a Minister and that her name before marriage was Tabitha Bonar. She further states that she believes there is a public record of her said marriage, and there is a private or family record, and that the best evidence she is able to procure of her said marriage is the annexed affidavits.

That her husband, the aforesaid James Clark died on the day above mentioned, and that she has remained a widow ever since that period, as will appear by reference to the proof hereto annexed. She also declares that she had by her said husband 5 children, the names, date of birth and residence of each under sixteen years of age at the deceased of her said husband, is as follows: E. J. Clark, born February 5th, 1848, Emiline Clark, born July 3rd, 1853, Charles W. Clark, born March 16th, 1856, Ann R. Clark, born Jany 28th, 1861, Artimace Clark, born February 29th, 1864, and all reside with their mother in Marshall County West Virginia.

She further declares that she has not in any manner, been engaged in, or aided, or abetted the rebellion in the United States.

She hereby appoints John H. Hoffman, of Morgantown, West Virginia, her Attorney, with Power of Substitute, to prosecute her claim and to receive the certificate when issued.

My Post Office address is Belton Marshall County, West Va. Attest:
      [signed] Nathan Shepherd
      [signed] Simon Baker
      [signed – her mark] Tabitha Clark

Also, personally appeared Nathan Shepherd a resident Mead Township in Marshall County, State of West Virginia, and Simon Baker a resident Liberty Township in Marshall County, State of West Virginia, persons whom I certify to be respectable and entitled to credit, and who being, by me, first duly sworn, say there were present and saw Mrs. Tabitha Clark, make her mark, to the foregoing declaration, and they further swear that they have been personally acquainted with the said Tabitha Clark and her husband James Clark who was a Private in Company “K” commanded by Capt. Carter in the 17th Regiment of West Virginia Infantry commanded by Col. Day in the war of 1861, for upwards of 18 years, and know that they lived together as man and wife, and were so reputed, and never heard the same doubted. That Nathan Shepherd one of the affiants was present at the wedding and Simon Baker the other affiant from general reputation they know that the said Tabitha Clark was married to the aforesaid soldier at Fish Creek, in Marshall County, State of West Virginia on the 13th day of august 1846, by David Auguish, a Minister, and that her name before marriage was Tabitha Bonar. That from seeing his Corps and attending his funeral they know that the said soldier died at Fish Creek in Marshall County, State of West Virginia, on or about the 29th day of July 1865, after leaving service of the United States; and that the said Tabitha Clark has remained a widow ever since that period; also, that the said soldier left the following children under 16 years of age at the time of his disease, the names, date of birth and residence is as follows: E. J. Clark, born February 5th, 1848, Emiline Clark, born July 3rd, 1853, Charles W. Clark, born March 16th, 1856, Ann R. Clark, born January 28th, 1861, Artimace Clark, born February 29th, 1864, and all reside with their mother in Marshall County West Virginia.

They further declare that the claimant has not in any way been engaged in, or aided, or abetted the rebellion in the United States—that their knowledge of the identity of her husband with the soldier, is derived from the fact of seeing him after he enlisted in the Army. They further declare that they have no interest in this claim, in any way whatever, and do reside as above stated.
      [signed] Nathan Shepherd
      [signed] Simon Baker
Sworn to and subscribed before me, on this 5th day of June 1866, and I certify that I have no interest, direct or indirect, in the prosecution of this claim and that I read the declaration of Mrs. Clark and signed her name for her at her request.
      [signed] Housan Riggs, Clerk

June 5 1866
I hereby certify that I solemnized marriage between James Clark and Tabitha Bonar Augt 13th 1846. [unreadable] under my hand this 4th day of May 1847.
      [signed] David Anguish

State of West Virginia, Marshall County: ss
I Walter Evans Recorder for the said County in the State of West Virginia do hereby certify that the above is a correct copy of the marriage certificate of the parties above named as of record in my office. In witnep where of I have hereunto set my hand and affixed my official seal at Mountsville this 5th day of June A.D. 1866.
      [signed] Walter Evans, Recorder M. Co.

January 14 1867
State of West Virginia, County of Marshall, ss:
On this 14 day of Jan, 1867, personally appeared before me, a Justice of the Peace in and for the County and State aforesaid, Mary Biddle, aged 48 years, a resident of Marshall County, and State of West Virginia, to me well known, who I certify to be respectable and entitled to credit, who being duly sworn, does on her oath declare that she was well acquainted with Tabitha Clark, the wife of James Clark, decreased, late a Private in Company “K”, 17th Regiment of West Va Vol Infantry, also well acquainted with the said James Clark left surviving him only the following named children under sixteen years of age, their names, and date of birth are as follows, viz:
      Emiline Clark, born July 3rd 1853
      Charles W. Clark, born March 16th 1856
      Ann R. Clark, born January 28th 1861
      Artmace Clark, born February 29th 1864

That she was in attendance at the birth of Emiline Clark from which fact she is positive as to the date of her birth. She further declares that she has no interest in this claim in any way whatever, and that her Post Office address is Woodland Marshall County, West Va.
Attest:
      [signed] Lericll Hood       [signed] Thomas Blake

      [signed] Mary Biddle

Subscribed and sworn to before me on this 14th day of Jan, 1867, and I certify that I have no interest in this claim in any way whatever and that the affidavit was read to the affiant before signing and she assented to the same.

S. Barnhardt, Justice, I Thomas Finn, Recorder of the county aforesaid do hereby certify that S. Barnhardt, Esq., before whom the above declaration and affidavit was executed, and who has thereunto subscribed his name, was, at the time of so doing, a Justice of the Peace in an for the County aforesaid, duly commissioned and sworn, and his signature thereto is genuine.

In testimony whereof, I have hereunto set my hand and affixed my official seal, this 23rd day of January, A.D., 1867.
      Thomas Finn, Recorder, Marshall County, W. Va.


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