Louthen Declaration

[On the fold:]
General Affidavit.
Case of
Sarah Walker
Widow Edward Walker
Affidavit of
David N Louthen
Frances J Louthen

Filed by
Josiah S. Kellogg,
Attorney,
P. O. Box 717, Washington, D.C.

Printed and sold by W. H. Moore, 511 11th st., Washington, D.C.

[first side:]
State of Tennessee
County of Hancock SS.

In the matter of Sarah Walker widow Edward Walker Deceased

Personally came before me, a Justice of Peace in and for aforesaid County and State, David N Louthen, aged 40 years and Frances J. Louthen, aged 47 years citizen of the Town of Mulberry Gap, County of Hancock, State of Tennessee, well known to me to be reputable and entitled to credit, and who, being duly sworn, declare in relation to aforesaid case, as follows:

[Note: the writer continually spelled "with" as "Withe", "mariage" for "marriage", and "there" for "their"; "sic" will not be used in those and similar cases.]
I David N. Louthen Were personally acquainted Withe the above named parties to wit Edward Walker Decd and Sarah Walker his Widow formerly Sarah Crumly[.] they were married near Mulberry Gap Hancock County Tennessee on June the 25th 1848[.] I fix the above dates from there old family Bible Records Which I believe to be correct. the said Edward Walker Decd April the [?] 1860. Tha [sic] were married by John Crumley a Justice of the peace and my recolection [sic] is that I were present at the Mariage. I was personally acquainted Withe them up to said Walkers death and knew them to live to gether [sic] as Husband and Wife and since have been personaly [sic] acquainted Withe Sarry Walker the widow of Edward Walker Deceasd and She has not remaried since his Death. my acquaintance Withe her has been such that she could not have maried witheout the facts become none [sic] by me

Frances J. Louthen States as follows that She was well accuquainted [sic] with the above named Parties Edward Walker and Sarah Walker that I was well acquainted with them before there mariage and after there mariage and until there [scratched out] the Death of the Said Edward Walker and further states that She lived with them diferent [sic] times and the said Walker Died in the year 1860 and the said Sarah Walker stil [sic] Remains his widow and She could not maried without the facts become known to me. I have lived with in five miles ever since his Death

We further declare that we have no interest in said case, and are not concerned in its prosecution, and are not related to said applicant.

Attest-when any affiant signed by mark, (2 persons.)
J. C. Gillenwaters [which is odd since neither signed with a mark]

Signature of Affiants.
David N. Louthen
Frances J. Louthen

[back side:]

Sword to and subscribed before me this day by the above named affiant; and I certify that I read said affidavit to said affiants, and acquainted them with its contents before they executed the same. I further certify that I am in nowise interested in said case, nor am I concerned in its prosecution; and that said affiants are personally known to me; that they are credible persons and so reputed in the community in which they reside.

Witness my hand and official seal this the 22nd day of February 1879
Sign here J. B. Southern J.P.
Add seal here.

Note.-This should be sworn to before a Clerk of Court or Justice of the Peace. If before a Justice, then Clerk of County Court must add his certificate of character on the back hereof, and not on a separate slip of paper.

State of Tennessee, County of Hancock, SS.

I, Robert D. Green, Clerk of the County Court in and for aforesaid County and State, do certify that J. B. Southern, Esq., who hath signed his name to foregoing affidavit, was at the time of so doing a Justice of the peace in and for said County and State, duly commissioned and sworn; that all his official acts are entitled to full faith and credit, and that his signature thereunto is genuine.

Witness my hand and seal of office, this 3rd day of March 1879
R. D. Green Clerk of County court

Clerk of the ___

L.S.

[stamped:] Department of the Interior/Pension Office, Mar 10 1879

If a Notary Public (or Justice of the Peace) will put his signature and seal impress (if he has one) on a sheet of paper, and a Clerk of Court will certify that they are genuine, stating when his commission was dated and when it will expire, he can execute papers to be used in one department only during his term of office without authentication by Clerk of Court. Such Certificate for each Department where many authentications are required, will save much expense.

Several papers executed before one N. P. or J. P. on the same date need Co. Clerk's Certificate, on one only, if all are to be used in one case.

Write an affidavit just as you would write a letter, stating all the facts, circumstances, dates and places, as near as you can remember, and if of your own personal knowledge and observation, and state how you know what you say to be true.