Andrew J. Foster Pension Applications: 1897 Deposition of E.A. Smith

Source:  National Archives, Washington D.C.

Case of Andrew J. Foster No. 401.765
On this 23rd day of November 1897, at San Bernadinom County of San Bernadino, State of California, before me, E.E. Harrington, a Special Examiner of the Pension Office, personally appeared E. A. Smith, who, being by me first duly sworn to answer truly all interrogations propounded to him during this Special Examination of aforesaid pension claim, deposes and says:
I am 60 years old, occupation ticket clerk for the D. F. Ry Company.   Residence and post office as above.
I served as Lieutenant and Captain of the 2nd Kansas Battery Light Artillery.  I first met Foster in the Battery.  I remember him distinctly.  He was hurt at Maysville Arkansas on or about the last of October or first of November 1862.
We were camped on the Indian Territory side of the line.  We had recently come from Bentonville Arkansas and ______ on our way back.   As our teams started out Foster who was one of the drivers was injured by his horse bucking severely with him.  Lieutenant Wilson was, I think, with me and some others who ____  on our horses beside the road as Foster rode by, his horse bucking as he went.

I did not know he was hurt at the time but later in the day Lieutenant Wilson, I think, came to me and said Foster had been badly hurt by the bucking of the horse that morning.
Wilson, Anistarchis his first name, was at Bentonville Arkansas, last I heard from him.

I did not see his injuries.  I don’t remember talking to him about hi injuries, but I do distinctly remember seeing the horse buck with foster and of being told later in the day by Wilson, I believe, that he had been thrown on the horn of his saddle and ruptured or injured…

Source:  National Archives, Washington D.C.


about the privates.  I think Washburn was a driver on the same team.  No, I don’t remember that Foster and Washburn had exchanged horses.  They might have changed places on the team.  I don’t recollect about that.

Do you remember whether Foster was given a furlough after this injury?
I know he was furloughed after we got back to Fort Scott Kansas.  I think his father lived near by.  No, I don’t remember the father coming to camp and taking Foster home.  It is very likely he did.  The expedition in which he was hurt was our first one and after we got back to Fort Scott most all the boys were furloughed and many of the fathers came to camp but I don’t know whether Foster was furloughed on account of this injury or not.  I never saw it but I am under the impression that Lieutenant Wilson did.
I have heard you and claimant’s statements.  I do not recollect his exchanging horses with Washburn.  It is more than likely he consulted Lieutenant Wilson or Lieutenant Clark than me.  I am ____ to give you any more definitive information than I have ______ given you.
I signed the statement you showed me.  I think that is correct.
I am not interested.  This is correct.

E.A. Smith, Deponent

Sworn and subscribed before me this 23 day of November 1897, and I certify that the contents were fully made known to deponent before signing.

E.D. Carrington, Special Examiner.

Source:  National Archives, Washington D.C.

F.R. Bright, Eminent Commander
E.A. Smith, Recorder

Asylum St. Bernard Commandery No. 23, K.T.
San Bernardino, California Nov. 26, 1897

Mr. C. D. Harrington
Special Examiner, Bureau of Pensions
Los Angelas California

Dear Sir,
I am satisfied that Foster’s accident ocurred at the time of our second visit to Maysville on our return to Fort Scott, Kansas about December 1, 1862.  In a letter to me he spoke of “sticking to his team until we reached Fort Scorr” which was about 12th of December.  When I get to thinking it over the prominent incidents of the campaign begin to arrange themselves more clearly in my mind.

Very respectfully
E.A. Smith

Source:  National Archives, Washington D.C.


___  I kept a diary during part of the campaign on which Foster’s accident occurred but it ends abruptly about the last of November 1862 just before we camped at Maysville the second time and contains no mention of this accident.  As I stated ____ we camped at Maysville two different times, about a month apart.

E.A. Smith
Late Captain, 2nd Kansas Battery