In October, 1886, the rejection of the claim for ulcerated varicose veins was adhered to and the added claim for disease of the eyes was rejected on the ground that it was not incurred in the service and line of duty.

On appeal from the action of the Pension Bureau to the Secretary of the Interior the rejection of the claim was sustained.

The claimant stated in support of his application that about three months before he enlisted a little yellow blister appeared on his left leg, which made a small sore, which existed when he enlisted; that while he was in Central America with General Walker he received a wound in the temple from a musket ball, and that he had also before enlistment been sick with the dropsy.

The case was very thoroughly examined by officers of the Pension Bureau, and a great mass of testimony was taken from numerous witnesses.  Three brothers of the claimant testified to the existence of all the disabilities before his enlistment, and two of them stated facts which go far toward accounting for such disabilities in a way very discreditable to the claimant.  Many other witnesses, with good opportunities of knowledge on the subject, testified to the same effect.

While testimony of a different character was also given, tending to establish the theory that the disabilities alleged were at least to some extent attributable to military service, the overwhelming weight of proof seems to establish that whatever disabilities exist are the result of disease contracted by vicious habits, and that such disabilities had their origin prior to enlistment.

GROVER CLEVELAND.

EXECUTIVE MANSION, July 17, 1888.

To the House of Representatives: 

I return without approval House bill No. 8078, entitled “An act granting a pension to Theresa Herbst, widow of John Herbst, late private Company G, One hundred and fortieth Regiment of New York Volunteers.”

John Herbst, the husband of the beneficiary named in this bill, enlisted
August 26, 1862.  He was wounded in the head at the battle of Gettysburg,
July 2, 1863.  He recovered from this wound, and on the 19th day of
August, 1864, was captured by the enemy.

After his capture he joined the Confederate forces, and in 1865 was captured by General Stoneman while in arms against the United States Government.  He was imprisoned and voluntarily made known the fact that he formerly belonged to the Union Army.  Upon taking the oath of allegiance and explaining that he deserted to the enemy to escape the hardship and starvation of prison life, he was released and mustered out of the service on the 11th day of October, 1865.

He was regularly borne on the Confederate muster rolls for probably nine or ten months.  No record is furnished of the number of battles in which he fought against the soldiers of the Union, and we shall never know the death and the wounds which he inflicted upon his former comrades in arms.