There
is no intimation that the surgeon who made the statement referred to was
inimical to the soldier or influenced by any unjust motive.
The attempt to impeach the record thus made is based upon affidavits
made by a number of the soldier's comrades, who testify to his character
and habits, and only three of whom speak of an injury to the soldier
caused by falling from his horse. Two of these affiants allege that they
were with the claimant on detached duty when his horse took fright and
ran away with him, injuring him so that he could not rise and get on his
horse without assistance. So far as these affidavits are before me, no
date of this occurrence is given, nothing is said as to the character of
the injuries, and no reference is made to the condition of the soldier
at the time. The third affiant, who speaks of an injury, says that it
occurred while on duty on the march from Pilot Knob to Cape Girardeau,
in the year 1862 or 1863, and that it was caused by the soldier's being
thrown from his horse. He says further that the soldier was not
intoxicated at that time.
No mention is made that I can discover of any fracture of the ribs
except in the claimant's application for pension made in 1881, seventeen
years after his discharge, and in a report of an examining surgeon made
in 1882.
With no denial of the soldier's condition, as stated by the surgeon,
on the part of the only parties who claim to have been present at
the time of the injury, I can not satisfy myself, in view of the other
circumstances surrounding this case, that the allegations contained in
the claimant's discharge are discredited.
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