Civil War Pension File of Lewis Hurley

WC 40.971
Unit: Private, Company I, 39th Illinois Volunteer Infantry Enlisted: 4 Sep 1861, Santa Anna, DeWitt Co, Illinois Mustered In: 11 Oct 1861, Chicago, Illinois Killed: 16 May 1864, Fort Darling (Drury's Bluff), Virginia

Documents:

(1) Affidavit of Elizabeth Swigart – 5 March 1864 – DeWitt Co, Illinois
The affiant, a resident of DeWitt Co, states that she was present when Marshall Hurley was born. That the said Marshall was a son of Lewis and Elizabeth Hurley and was born on 17 Oct 1850.

(2) Widow’s Declaration For Pension – 31 Oct 1864 – DeWitt Co, Illinois
Elizabeth Hurley, aged 32, a resident of DeWitt township, DeWitt Co, Illinois, declares she is the widow of Lewis Hurley who was a private in Company I, 39th Regiment of the Illinois Volunteer Infantry.  The Company was commanded by Captain Hiram Philips and the Regimental commander was Colonel Osborne.  Her husband enlisted at Santa Anna, DeWitt Co, Illinois, on 1 Sep 1861 for a term of three years.  He was killed at or near Fort Darling on 16 May 1864.  The cause of his death was a gunshot wound received while in the service of the United States and while in the line of his duty.

She was married to Lewis Hurley on 2 Nov 1854 at her father’s residence in DeWitt Co, Illinois by William Cottingham, Minister of the Gospel.  Her name before her marriage was Elisabeth Swigart.  She has remained a widow since the death of her husband.  A certified copy of her marriage is transmitted.

She further states that at his death, her husband left surviving him the following children who were then under the age of sixteen.  The children reside with her at her residence in DeWitt County.
(1) Marshall Hurley, aged 12 years
(2) Josephine Hurley, aged 9 years
(3) Ida Hurley, aged 5 years
(4) Owen Hurley, aged 4 years
(5) Ransom Hurley, aged 2 years

She applies for a pension under the Act of Congress approved 14 Jul 1862.
Signed: Elizabeth Hurley
Witnesses: Miles Newberry and John Hurley, both residents of DeWitt township, DeWitt Co, Illinois.

(3) Statement of Samuel Gilmore – 14 Nov 1864 – Before Richmond, Va.
I certify on honor that Lewis Hurley late a private of Company I, 39th Illinois Infty Vols. was killed in action and while in the discharge of his duty near Drury's Bluff, Va. on the 16th day of May 1864.
Samuel Gilmore
2nd Lieut 39th Ills. Infty. Vols.

(4) Adjutant General's Office – 23 Jan 1865 – Washington, D.C.
The rolls on file in the adjutant general's office show that Lewis Hurley was enrolled on 4 Sep 1861 at Santa Anna in Company I, 39th Regiment of Illinois Volunteers to serve 3 years and was mustered into service as a private on 11 Oct 1861 at Chicago, Ill.  The muster roll of Company I for May & June 1864 reports that he was killed in action at the battle of Drury's Bluff, Va., May 16th 1864.  He re-enlisted as a Veteran Vol 1 Jan 1864.

(5) Brief in the case of Elizabeth Hurley – 11 Feb 1865 – Springfield
Claim for widow pension.  Post office address was Clinton, Illinois. Proof exhibited included marriage certificate, muster rolls reporting Lewis Hurley was killed in action, children named and residence given, power of attorney correct.

Elizabeth Hurley was admitted 11 Feb 1865 to a pension of $8.00 per month, commencing 16 May 1864.

(6) Widow’s Claim for Increase Pension for Minor Children – 7 Feb 1867 – DeWitt Co, Illinois
Elizabeth Hurley, aged 32 (sic), Post Office Santa Anna, DeWitt Co, Illinois, states she is the widow of Lewis Hurley.  She has a pension certificate #40.971 and was last paid to 4 Mar 1865 at the Springfield agency.  She makes this declaration to obtain an increase pension under the Act of Congress approved 25 Jul 1866 for the following named children of hers, the said children being also the children of her husband at the time of his death, which were under 16 years of age at the date of the passage of this act and were then and are now living, viz:
- Marshall Hurley, born at DeWitt Co, Ill, 17 Oct 1852
- Josephine Hurley, born at DeWitt Co, Ill, 18 May 1855
- Ida Hurley, born at DeWitt Co, Ill, 24 Apr 1859
- Owen Hurley, born at DeWitt Co, Ill, 25 Jul 1860
- Ransom Hurley, born at DeWitt Co, Ill, 5 Apr 1862
Signed: Elizabeth Hurley
Witnesses: Jacob Swigart and William S. Barnes, both residents of DeWitt Co, Illinois.

(7) Statement of Elizabeth Hurley – 7 Feb 1867 – DeWitt Co, Illinois
Elizabeth again names the five children and their birthdates.  She also states that "Lewis Hurley left no children by a former marriage never having been married before.   And that she has not married since the death of her said husband, but is still his widow.  Nor has she abandoned the support of any one of her and her said husband’s children, nor permitted any one of them to be adopted by any person or persons and that they are the only legitimate children of her and her said husband now living."
Signed: Elizabeth Hurley
Witnesses: Wm. S. Barnes and Jacob Swigart

(8) Statement of Mary Hoover – 5 Mar 1867 – DeWitt Co, Illinois
Mary Hoover, resident of DeWitt County, states that she was present when Ida & Owen Hurley were born, that the said Ida & Owen were a son and daughter of Lewis and Elizabeth Hurley and that Ida was born in April 1859 and Owen was born in July 1860.
Signed Mary Hoover

(9) Statement of Ann Goodin – 5 Mar 1867 – DeWitt Co, Illinois
Ann Goodin, resident of DeWitt County, states that she was present when Ransom Hurley was born, that the said Ransom Hurley was a son of Lewis and Elizabeth Hurley, born in April 1862.
Signed with her mark.

(10) Statement of Benjamin S. Lewis – 20 Mar 1867 – DeWitt Co, Illinois
Benjamin S. Lewis states that he was the attending physician when Josephine Hurley was born.   That the said Josephine was a daughter of Lewis Hurley and Elizabeth Hurley and was born on 18 May 1855.  He swears to the said date from his book of accounts.

(11) Statement of Jacob Swigart – 2 Apr 1867 – DeWitt Co, Illinois
Jacob Swigart states that he kept the family record of Lewis Hurley, deceased, and that the enclosed leaf is from the family Bible of the said Hurley and is the correct record of the ages of the children of Lewis Hurley by Elizabeth, his wife.  He states that he knows the said record to be correct for the reason that he kept the same himself by writing said Births in said Bible.
Signed Jacob Swigart

(12) Page from the Family Bible – "Family Record"
- Lewis Hurley – Born The fourth of February AD 1830
- Elizabeth Swigart – born Eighth of June AD 1832
- Lewis Hurley And Elizabeth Swigart was Married November 2nd AD 1851

(13) Page from the Family Bible – "Family Record"
- Marshall Hurley – Born October 17th AD 1852
- Josephine Hurley – Born May 18th AD 1855
- Ida Hurley – Born April 24th AD 1859
- Owen Hurley – Born July 25th AD 1860
- Ransom Hurley – Born April 5th AD 1862

(14) Certificate of Increase of Pension – 21 Aug 1867 – Illinois
Elizabeth Hurley, widow of Lewis Hurley, received a pension from the Springfield Agency for $8 a month, commencing 16 May 1864.  An additional sum of $2 per month for each of the following children (Marshall, Josephine, Ida, Owen , Ransom) until arriving at the age of 16 years, commencing 25 Jul 1866.  Certificate dated 21 Aug 1867 and sent to Blackford & Lowry, Clinton, Illinois.

(15) Drop Notice – 26 May 1899 – Chicago, Illinois
Elizabeth Hurley was last paid at $12 a month to 4 Apr 1895 and has been dropped because of "failure to claim pension for three years."

Compiled Service Record, Lewis Hurley, Private, Company I, 39th Illinois Volunteer Infantry, File Designation WC 40.971,National Archives, Washington D.C.

[NOTE: According to the Adjutant General's Report for the 39th Regiment around 172 men served in Company I at one time or another.  Of the 172, 28 were discharged early due to disability, 6 taken prisoner, 2 deserted, 1 missing, 8 killed, 3 wounded, and 14 died, but cause of death was not indicated.]