Washington District of Columbia

George P. Cross
Spanish-American War Pension
Transcribed for Genealogy Trails by Terry Wages

S. 6677.      George P. Cross, late private in Company B, Thirty-eighth Regiment United States Volunteer Infantry, War with Spain, the claimant in this case, is now and has been since July 5, 1912, a pensioner under special act at the rate of $12 per month. The report from the House Committee on Pensions during the second session of the Sixty-second Congress, giving the facts in his case, was as follows:      George P. Cross, of the United States Soldiers' Home, Washington, D. C., served as a private and cook in Company B. Thirty-eighth Regiment United States Volunteer Infantry, during the War with Spain, from September 2, 1899, to June 30, 1901, when he was mustered out with the company. That service was in part performed in the Philippine Islands.      He enlisted May 1, 1902, in the Fifty-eighth Company, United States Coast Artillery, and served as a sergeant until mustered out at the expiration of his term of enlistment, April 30, 1905.      He enlisted May 1, 1905, in Company H, Second Battalion United States Engineers, and served as a second-class private until March 29, 1906, when he purchased his discharge under the provisions of section 4, act of June 16, 1890, which provides:      ’That in the time of peace the President may, in his discretion and under such rules and upon such conditions as he shall prescribe, permit any enlisted man to purchase his discharge from the Army.”      The claimant applied for a pension January 16, 1908, stating that near Imus, Luzon, P. I., about January 9, 1900 while on a march, he received an injury to the right shoulder by accidentally falling on a stone while crossing a creek; since then rheumatism developed in the shoulder, caused from exposure and the injury mentioned; that he had severe chronic headaches caused by indigestion, constipation, and piles, and that he has malaria contracted in the Philippines.      In subsequent statement he said he first noticed rheumatism in 1902, while at Fort Monroe, Va., while in the Fifty-eighth Company, United States Artillery, and that he did not have rheumatism in his first service. He said the record of treatment for rheumatism on January 9 and 10, 1900, is wrong and that he was then treated for injury to his shoulder only.      The claim was rejected January 22, 1909 for injury to shoulder because of no record or other evidence of origin in service, and for rheumatism, headaches, indigestion, constipation, piles and malarial poisoning on the ground of no ratable disability since date of application.      The claim was reopened, specially examined, and again rejected April 18, 1910, for disease of digestive organs, constipation, and piles because of no record or other satisfactory evidence showing origin in service, as alleged, or existence at date of discharge from first service and continuously since; for rheumatism for lack of medical or other satisfactory evidence of continuous existence of that disease since date of discharge from the second service. The former rejection of the claim, based on malarial poisoning and headache, was not reopened.      The War Department records show the soldier treated during this first service November 12, 1898, diagnosis not stated; November 13 to 19, 1899 for vaccinia; January 9 and 10, for rheumatism, acute, muscular, muscles back of neck, in line of duty; August 9 to 14, for malarial fever, intermittent, quotidian.      During his second service he was treated July 16 to 19, 1903, for acute diarrhea; August 18 to 25, 1903, for acute muscular rheumatism, right shoulder; November 4, to 6, 1904, for neuralgia, acute supra-orbital, left side; January 29 to February 10, 1905, for neuralgia, acute, muscles of right shoulder and right lumbar region; returned to duty improved.      He was treated during his third and last service October 13 and 14, 1905, for painful ankle and calf muscles of right leg, due to practice march near Washington, D. C., about October 10, 1905; January 19 to 21, 1906, for pharyngitis, acute.      The records of physical examination show: At his first enlistment, ’Previous sickness, measles”: at his second enlistment, ’Nail of ring finger, left hand, smashed; teeth, five right upper gone; scarlet fever in February, 1902; about 20 years ago had left arm broken, and February, 1902, had right large toe broken”; at his last enlistment, ’Nail ring finger, split; measles at 17; typhoid fever at 22; surgical operation for varicocele in 1901.”      Upon examination, July 3, 1901, preliminary to his first discharge, the soldier disclaimed having any cause of disability; his captain and a surgeon concurred.      The only evidence filed in the claim by the claimant is an affidavit by Mrs. Mariam B. Miller, who testified, February 21, 1908, that she had known the claimant during the past two years, during which period he had rheumatism, severe headaches, and acute stomach trouble; that illness from these causes appeared at frequent intervals, and she acted as his nurse, as he roomed and boarded in her house.      Other testimony was procured by special examination, and indicated that the claimant was physically sound previous to his original enlistment.      The evidence as to condition subsequent to service is conflicting. The claimant's father, who lives in Florida, testified that when he first came home from the Army, in 1906, the soldier was crippled with rheumatism, mostly in his hands, that he noticed the joints of his fingers were swollen; that he also had chronic diarrhea, according to his statement. The witness next saw the claimant in 1909, when his condition was worse; he then had rheumatism in his hands, arms, shoulders, legs and pretty much all over.      The claimant's mother made a similar statement.      G. B. Lord testified that he became acquainted with the claimant about 1906, when he had returned to Florida from the Army. The witness said he did not hear the claimant complain of any disability and had no recollection that he had rheumatism. When he saw the claimant in 1909 he was in bad shape, crippled with rheumatism in his legs and back principally; had difficulty in walking and used a cane.      Dr. James W. West, of Florida, testified that he treated the claimant some time in 1909 - only once-for rheumatism; did not examine him.      J. H. McCuller, of Florida, testified that he saw the claimant in 1905 or 1906; not sure which; said he had been in the Philippines and was complaining of rheumatism in his arms and shoulders; noticed some of his fingers seemed to be swollen. In 1909 he was badly crippled with rheumatism and complained of having chronic diarrhea.      The claimant could have been in Florida in 1906, immediately after his discharge on March 29, 1906, at Washington, D. C., but a short time, as evidence shows he was back in Washington on April 26, 1906, reported for work May 5, 1906, and was discharged for insubordination August 28, 1906. The following is a copy of the statement he signed when examined April 6, 1906:      ’Are you subject to dizziness? - No. To severe headache? No. Pain in breast?-No. Flutter of heart? - No. Shortness of breath? - No. Cold in head? No. Coughs?-No. Diarrhea? - No. Piles? -No. Rheumatism? - No. Do you believe you are sound and well now?-Yes. Have you had sore eyes or defect of vision?-No. Running from either ear?-No. Fits?-No. Gonorrhea?-No. Is sense of hearing good?-Yes. Have you been ruptured?-No. Have you been hurt upon the head?-No. Do you drink intoxicating liquors: if so, to what extent?-Moderately. Have you had a sprain?-No. Stiff joint?-No. Or a bone broken?-No. Are you subject to painful corns or sore feet?-No. Mention carefully any injuries or surgical operations you may have had upon any part of your body, especially burns, cutes, severe bruises, etc -- Varicocele.”      The examining surgeon certified , April 26, 1906:      ’Figure and general appearance good. Weight, 155 pounds. Height, 5 feet 11 inches. Vision, O. D. 20/20; O. S. 20/20. Hearing good. Chest and contained organs sound; expiration 34; inspiration 37 ½. Mobility, 3 ½. Abdomen and contained organs, sound. Upper extremities, sound, lower extremities sound. Skin, clear.”   Charles A. Rossiter testified that he first knew the claimant in March, 1908, and worked in office with him until March 4, 1909. He said claimant appeared to be in fairly good shape when he first went to work, but about the 1st of September he complained of rheumatism, and that grew worse as long as he was at work. Thinks he lost some time on account of rheumatism about Christmas. His joints and hands were enlarged. Upon direct inquiry the witness said claimant also complained of some stomach trouble.      Harry L. Lewis stated that he first met claimant about June, 1906, and a few months later they worked together in car shops in Virginia. The claimant seemed to be in pretty good health then. They worked together, the witness being foreman and the claimant a clerk, for about two years. During the first part of the two years claimant seemed to be all right, and witness recollects no complaint. Toward the latter part of the time he complained of rheumatism and stomach trouble. Did not notice any enlargement of joints or anything to indicate he had rheumatism except his complaints. He did not lose any time to amount to anything, but he appeared to be a delicate man. He was sick in bed at the house of the witness's mother for about a month in 1909 with stomach trouble. The first witness noticed any rheumatism was about October, 1908; he then had enlarged joints. Recalls that claimant had piles all the time he knew him.      Emily V. Lewis stated that the claimant boarded at her house from about March, 1907, to March, 1909. He did not seem to be in good health; seemed to have stomach trouble, piles, and rheumatism; could not eat much; was not bothered all the time. The rheumatism affected his joints, fingers, wrists, knees, and ankles. He was crippled all over. Did not hear him complain until he had been with witness about six months. He also suffered with headaches of a racking kind; they would last a day or two at a time.      Emily Briggs testified that claimant roomed at her house for six months after his army service, but she could not fix the time. She never heard any complain of ill health, and did not recall that he was disabled in any way, except he was a thin-looking man.      Mariam B. Miller, whose affidavit is referred to above, testified January 3, 1910, that she first knew the claimant in December, 1905, while he was in the Army and stationed at Washington Barracks, and has known him ever since. He then suffered from indigestion, terrible headaches, and rheumatism in his knees and feet, and he had a slight limp. He also complained of his bowels and dysentery. These diseases existed when she first knew him, and gradually grew worse, and about March, 1906, there was a gradual breakdown. She tells all about the claimant's movements after discharge except as to his working for the electric railway in 1906. She corroborates the claimant's contention as to his health after service.      Claude N. Bennett stated that he had been intimate with the claimant for two or three years preceding January, 1910, and said he had been afflicted with rheumatism and stomach trouble during that period. Did not recall other disease.      Dr. E. E. Richardson treated the claimant December 12, 14, 21, and 23, 1908, and January 12, 1909, for muscular rheumatism.      The records of the D. & R. G. Hospital, at Salida, Colo., show that the claimant entered that institution February, 6, 1902, for slight injury to right foot and was discharged March 20, 1902. He was operated upon for varicocele February 17, 1902. The records are silent as to any other disease or disability. The claimant was examined by a board of surgeons at Washington, D. C., May 13, 1908. They reported that the right clavicle has been fractured, shoulder considerably depressed, with some crepitation in joints and considerable deformity at point of fracture. Strength of right arm moderately reduced. No atrophy. Rate, 6/18.      Of rheumatism, they said;      ’Right knee, slightly sensitive to pressure and painful on motion. No atrophy, thickening of tissues, or contraction. Rate, 0/18.”      They found ’10 teeth above and more below” lost, tongue slightly coated, and some subjective symptoms of impaired digestive system; rated 6/18, and no other disability.      He was examined by a board at Gainesville, Fla., June 2, 1909. They reported rheumatism wholly incapacitating the claimant for manual labor. Rate, $30.      They also described severe gastric disturbances and heart disease, due in their opinion to the rheumatism.      No evidence is filed with the bill. The claimant reiterates his previous statements as to the service origin of his disabilities; says he is totally incapacitated for manual labor, and is unable to care for himself or provide necessary medicines.        In the opinion of your committee the foregoing history of this case indicates that the petition is now disabled in some degree as a result of the causes alleged, and they respectfully recommend the allowance of pension at the rate of $12 per month.        Soldier is now 43 years of age. Additional evidence filed with the committee is to the effect that he is without means or income aside from his pension of $20 per month and that he is solely dependent upon others by reason of total physical disability.   - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Source: ’Pensions and increase of pensions for certain soldiers and sailors of the regular Army and Navy, etc.” February 22, 1917, Serial Set Vol. No. 7113, Session Vol. No.B, 64th Congress, 2nd Session H. Rpt. 1532 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -