Deposition
Case of Louisa J. Fortner, No. 199154 and 166392
On this 28th day of Feb. 1885, at Knoxville, County of Knox, state of Tennessee, before me. A. B. Jones, a Special Examiner of the Pension Office, personally appeared Louisa J. Fortner, who, being by me first duly requested to answer truly all interrogatories propounded to her during this Special Examination of aforesaid pension claim, says: David H. Fortner was Priv. of F. 3. Tenn. Inf. age 56 years, P.O. Bull Run, Tenn. I am the widow of David J. Fortner (deceased).
Q. Did your husband apply for a pension in his life time; if so for which disability?
A. Yessir. Because of bronchitis and resulting consumption from which he died.
Q. When and where did he die?
A. Near Maynardsville, Tenn, July 10, 1871.
Q. Who said he died of consumption?
A. Yessir, Dr. Scott and Lewis said so. The last named doctor is dead.
Q. Were you married since the soldier died?
A. No sir.
Q. Did soldier leave any children at his death under 16 years of age.
A. No sir.
Q. Is there any public record of his death?
A. No sir, not that I know of. I depend entirely on my memory for the date and cause of death.
Q. When and where did he contract the alleged bronchitis?
A. He told me that for 6 months after left home he lay over at Flat Lick, KY without either blankets or tents and greatly exposed especially one time when he stood picket in water knee deep and these things produced his disease.
Q. Was he under treatment by the surgeons of the regt. or in hospital for this complaint?
A. Dr. Wm. A. Rodgers treated him sometime do not know whether he was in hospital or not.
Q. Was he home on furlough while a soldier?
A. No sir, not until he was discharged.
Q. Did the Dr. excuse him from the army because of sickness or did he serve his full time?
A. Yes sir. He came home before the balance of the comrades and was sent home for this alleged bronchitis. He was examined by a load of doctors and after they finished pounding on him in his breast they shook their heads and soon after gave him his discharge.
Q. Who bunked or messed with him in the service?
A. His two stepsons were with him, one is dead and the other I don't remember where he his. I have heard of some of his comrades but their names have escaped me just now.
Q. State the names of his officers at the time he was sick?
A. Capt. James Ledgerwood, Wm. Cross (Col) James Clupp 1st Lt., Carrick Rutherford 2d Lt.
Q. Did you husband continue to suffer from bronchitis up to date of death?
A. Yessir, only the disease got down into his lungs. His throat did not pester him much for two years before death.
Q. Who was his family physician from discharge to death.
A. Dr. J. R. Scott and Dr. Lewis were the only physicians we had for him. We used to _____ ourselves as we were so poor.
Q. What other disease did he have in the service or since?
A. He had diarrhea for six weeks before death.
Q. Describe his symptoms during his last illness?
A. He was taken sick ________ _______ he came into the house from the wheat field and had a bad chill which always preceded a bad spell. Said he felt queer. He had another chill in June after six weeks before death. He woke me up with a bad cough and pain in breast, also spit up a good deal of corruption. He did not bleed at the lungs. Two weeks before he died he went coughing and about same time the diarrhea left him. He was very weak after the last disease left.
Q. Was he suffering from his throat any?
A. No sir.
Q. Describe his condition when M.O.
A. I did not know him until about 12 or 13 months before we were married in 1867. After 1867 he had the _______ of breast and cough.
Q. Were either of you married prior to 1867?
A. He had been married to a woman in 1861 and said woman runn off with a rebel soldier. I only knew my husband two months before our first marriage but when it was reputed that this woman was still alive, I told soldier I would not live with him without he got a divorce. _________ and he filed a divorce against his former wife, Ann Jane Dickery. We then came together and were legally married Jan. 1867 after that time I remained his wife until he died in 1871. I had no children from me to this soldier. I was never married before the time named.
Q. Who were your neighbors at the time you began to live with him as his wife and up to his death also from 1865 to 1867.
A. ____ and ___ Williams of Bull Run Tenn. Mr. T. Buckhardt. F. M. ____, Geo. Majors all the last these live near Gravestone, TN.
Q. Who have been your attorneys in the presentation of this claim with the P.O. addresses.
A. F. M. ____ of Union Co. did my writing for me. John Kirkpatrick was attorney, lived then in _______, ____ Co., Ohio. We put hold of Kirkpatrick though _____ as this man had got his _____ claim settled. C. H. _____ of Knoxville, TEnn was then appointed my last local atty. his P.O. is Knoxville Tenn.
Q. Did you ever employ McNeil and Birth of Washington D.C. as your atty's?
A. Yes sir. I signed a power of atty with them and recently this firm asked me to sign a written agreement owing them $25.00 as a fee but I refused. I did _____ in writing with Kirkpatrick and paid him $25.00 and whoever the pension laws would allow.
Q. How much have you paid to Mr. Flannery?
A. $8.00 and git his receipts for same. I asked to give him $2.00 more when claim is settled.
Q. How much have you paid Wm. A. Rodgers for his affidavits?
A. I paid him $10.00 in Sept. 1871 for the ___ affidavit and then it not being ____ I asked him to fix it the ______ _____--for which he charged and I paid $5.00 more. Since that time I have asked him for one more statement in this claim and he did so after I agreed to give him $10.00 more if he would wait until claim was settled. Col. Chiles stood my security for the last sum. Cash $25.00 paid and I owe him $10.00. Dr. Rodgers has not write any affidavits for me except his own evidence. McNeil and Birch have done nothing for me if I remember correctly.
Q. What did you agree to give Dr. Scott?
A. I told him I would settle with him his Dr.s bill and whatever he would charge for his evidence. He named no sum and I have no idea what the sum would be.
Q. Will you be present in person or by atty during the special examination of your claim?
A. No sir, I doo not want anymore attys in my business and I expect to leave all the matter in your hands. I want you to see all the witnesses already filed as far as may be necessary.
Attest: W. Edwards
A. B. Jones
[Signed] Louisa [her X mark] Fortner, deponent
Subscribed to before me this 28th day of Feb. 1885 and I certify that the contents were fully made known to her before signing.
A. B. Jones
Special Examiner