8. Presumption of, under laws of Missouri.

Claimant's first husband, who lived with her in the State of Missouri at the time of his enlistment, deserted the service August 21, 1864, and was never heard of thereafter; she married the soldier on account of whose death she claims pension, July 25, 1874: Held, That under the laws of Missouri her first husband was presumed to be dead at the expiration of his seven years' absence unheard of, and that her second marriage was valid. Helen Obermeyer (widow) (Asst. Sec. Reynolds),

7 P. D., 67.

9. Illustrative cases where death was not presumed.

Claimant lived with the sailor about one year after their marriage, when he disappeared. They appear to have had some domestic troubles, and he said he thought he would go to see his mother, living in Sweden; nothing was heard of him thereafter: Held, The evidence shows the sailor abandoned claimant, and although he has been absent unheard of for more than seven years his death can not be presumed, and the fact that the Treasury Department has granted claimant prize money as his widow can not control this Department in allowing pension. Rosie, as widow of Henry Wilson (Asst. Sec. Bussey), 6 P. D., 133.

Claimant's husband, the soldier, not advanced in years, being an intemperate man, disposed to wander about the country, and who had embezzled money from his employer, and had quarreled with his wife, left her, and his whereabouts thereafter were never known to her: Held, That these facts were sufficient to account for his absence without being heard of, and his death would not be presumed. Mary A. Warburton (Asst. Sec. Reynolds), 7 P. D., 49.

The sailor, after his marriage to claimant in 1871, lived with her only one month; roaming from place to place, and being a pensioner he was transferred from agency to agency, drawing his pension in 1875 in a distant State, since which time he has not been heard of: Held, That these facts do not raise a presumption of death. Mary J. Miller (Asst. Sec. Reynolds), 7 P. D., 109.

Where a husband deserted his wife and from the date of his discharge from the United States service in the late war up to 1879 lived and cohabited with another woman as his wife, his death will not be presumed from the fact that he has been absent for seven years unheard of, but his death must be proved by satisfactory evidence before the alleged widow can occupy a pensionable status. Pythia Ann Sullivan (Asst. Sec. Reynolds), 7 P. D., 512.

10. Illustrative cases where death was presumed.

It being shown that this soldier was, when last heard from, suffering from a disease liable to prove fatal, and was so disabled by it as to be sent to the general hospital in service, since which time nothing further has been heard from him, no discharge being shown, it is held his death from that disability should be presumed, under the rule announced in Beverly Dangerfield, October 24, 1882. Mother of William Waters (Sec. Teller), 13 P. D. (o. s.), 221.

Although the soldier abandoned claimant, his wife, and she would not, therefore, naturally have heard of him thereafter if he were alive, yet, as no reason appears for his failing to return or to communicate with his other relatives, as diligent search for him has been made, and as he would now be, if living, 75 years of age, and has never applied for pension, it is held his death should be presumed under all the circumstances shown. Widow of James Sickles (Asst. Sec. Bussey), 6 P. D.,

164.

Between 1875 and 1880 the soldier left his wife to seek work; he wrote several letters to her, but has not been seen or heard of since the latter date. He was given to drink, and was somewhat reckless in disposition. Witnesses testify to reading newspaper accounts of his being killed by the Indians: Held, That under the facts shown, his death should be presumed. Widow of Samuel Fulmer (Asst. Sec. Bussey), 6 P. D., 172.

See also (as to presumption of death) MARRIAGE; (as to death in service) DISCHARGE; (generally) APPEAL; ATTORNEYS; BOUNTY LAND; RERATING; REVOLUTIONARY WAR.

1. Ante-rebellion pension.

DEATH CAUSE.

2. Rebellion and post-rebellion pension.
(a) Act of June 27, 1890.

3. Remote connection with service.

4. Death by drowning.

5. Suicide.

6. Death in service.

7. Combined pensionable and nonpensionable causes.

8. Predisposing and superinducing causes.

9. Evidence and proof.

10. Medical referee's opinion, function and force of
11. Intemperance, effect of.

12. Illustrative cases as to sequence and evidence.

1. Ante-rebellion pension.

The widow of a commandant in the Navy who died subse quent to March 4, 1861, of a cause originating prior to that date, is pensionable under the act of August 11, 1848, and not under the act of July 14, 1862. Widow of Robert R. Cunningham (Sec. Delano), 1 P. D. (o. s.), 475.

Under section 4732, Revised Statutes, the widow of a soldier who died from a cause originating during the period in which the Government was preparing to compel the Florida Indians to comply with an alleged treaty for their removal, and prior to the first battle in the Florida war, is not pensionable, as there is no provision of law for pensioning the widow of one who died of disease contracted in time of peace. Widow of Urban Stoll (Actg. Sec. Gorham), 3 P. D. (o. s.), 466.

The widow of a soldier who died of disease contracted in the military service prior to March 4, 1861, is not entitled to pension on account of such death unless the fatal disease originated in some war. (Digest of 1885, p. 343, par. 3.) Lydia Fraber, formerly Owen (Asst. Sec. Reynolds), 8 P. D., 212.

2. Rebellion and post-rebellion pension.

The cause of death must be not only a possible, but probable, result of the disability for which pensioned. Percilla Davis (Asst. Sec. Hawkins), 1 P. D., 104.

To entitle a widow to pension, her husband's death must have been the natural, direct, or proximate result of wounds or injuries received or contracted while in the service. Citing Sarah A. Stack, 2 P. D., 153. (See SUICIDE, SUBTITLE 5.) Widow of Stedman B. Farrar (Asst. Sec. Hawkins), 2 P. D., 199.

To entitle a widow to pension, her husband's death must have been the natural, probable, and proximate result of the disability contracted in the service and line of duty. Citing Percilla Davis, 1 P. D., 104; Sarah A. Stack, 2 P. D., 153. Widow of Francis O. Miller (Asst. Sec. Hawkins), 2 P. D., 214.

The relation of cause and effect must exist in the sense that the cause, i. e., wound, injury, or disease received or contracted in the service, must be the thing or condition without which the result, i. e., death, would not have occurred. Ibid.

Where service was rendered under the third paragraph of section 4693, Revised Statutes, soldier's death from wounds or injuries received therein is essential to confer pensionable status upon his widow. Mary E. Davis (Asst. Sec. Reynolds), 7 P. D., 56,

2. Rebellion and post-rebellion pension-Continued.

Cause of death must be the result of wound, injury, or disease contracted in the service to entitle widow to a pension under section 4702, Revised Statutes. Mary Larne (Asst. Sec. Reynolds), 7 P. D., 60.

(a) Act of June 27, 1890.

The act of June 27, 1890, in no manner obviates the necessity of proving the cause of death to be the result of military service to entitle widow to the benefits of section 4702, Revised Statutes. Ibid.

3. Remote connection with service.

To sustain a widow's claim, her husband's fatal malady, where his death occurred after his discharge, must be shown to have directly resulted from a wound received or disease incurred in his service, and such wound or disease must be fully proved to be the efficient, though remote, cause of death; and the fact that the general rigors and hardships of an active military life may have so affected the soldier's constitution as to make him likely to fall a victim to disease does not bring the claim within the law. Widow of Merrill Meader (Sec. Harlan), 5 L. B. P., 265.

Where the soldier's death was from pneumonia, brought on by a cold contracted in consequence of obeying an urgent call of nature, due to chronic diarrhea of service origin, the widow is pensionable. Widow of Hamilton E. Ellis (Sec. Teller), 12 P. D. (o. s.), 390.

Death from a falling tree, in consequence of blindness of service origin rendering him unable to get out of the way, may be accepted as due to the service. Widow of Jesse F. Pyle (Sec. Teller), 14 P. D. (o. s.), 151.

Overruled: see decision following.

Casualties occurring as the indirect result of military serv ice can not be accepted as the proper basis for pension. Mary J. Pyle overruled. (14 P. D. (o. s.), 151.) Elizabeth T. Pyle (Asst. Sec. Hawkins), 1 P. D., 27.

It being admitted soldier's death was due immediately to injuries from an accidental fall occurring many years after discharge, it is held death is too remote from his pensioned disability from rheumatism, there being no evidence that said disability was the sole cause of the accident or to what extent it contributed thereto. Citing and affirming Henry Mensing, 1 P.D., 336. Widow of William Fairfield (Asst. Sec. Hawkins),

2 P. D., 158.

3. Remote connection with service--Continued.

A soldier died from erysipelas of the head and face which supervened from injury of the head received subsequent to service; it is held the sequence, if any existed, between the death cause and wound of foot, received in service, was so remote in this case it can not be accepted. Widow of William M. Bishop (Asst. Sec. Bussey), 4 P. D., 354.

4. Death by drowning.

Claimant, a sufferer from disease of heart, was found dead in the water where he went to bathe. It is held that as no postmortem examination was made, it can not be established that death was due to heart trouble. Clara M. Owens (Asst. Sec. Hawkins), 1 P. D., 420.

Death by drowning can not be ascribed to loss of one arm, for which the soldier was pensioned, which may or may not have prevented him from swimming to shore, he having been, prior to the loss of his arm, an expert swimmer. Widow of Charles E. Maybury (Asst. Sec. Hawkins), 1 P. D., 437.

While claimant's husband was attempting, with a companion, to cross a river in a small duck boat a heavy wind capsized the boat and he was drowned while trying to swim ashore, Held, Death can not be ascribed, for pensionable purposes, to disability from gunshot wound and debility alleged as of serv ice origin. Widow of Charles Farnsworth (Asst. Sec. Bussey), 4 P. D., 203.

5. Suicide.

Expert medical testimony establishing the fact that soldier's suicidal death was by reason of insanity produced by injuries for which pensioned, his widow is pensionable. Mary A. Buker (Asst. Sec. Hawkins), 1 P. D., 108.

Where the soldier's death was caused by an overdose of morphine administered by himself upon his own responsibility, but with no suicidal intent: Held, No basis for widow's claim. Alice E. Travers (Asst. Sec. Hawkins), 1 P. D., 110.

Death must be shown to have been the natural, direct, or proximate result of disease contracted in the service; and where death resulted from an overdose of laudanum, taken through mistake or carelessness, the death cause is too remote from the soldier's pensionable cause of diarrhea to be accepted. Citing and affirming Alice E. Travers, 1 P. D., 110; and citing, also, Mary Buker, ibid. 108. Mother of John G. Stack (Asst. Sec. Hawkins), 2 P. D., 153.