Comrade & Claimant Affidavits Rebutting Suspension
Just over two weeks after receiving the suspension notice, Elias Roberts — here explicitly described as a "suspended pensioner" — and a fellow veteran fought back with sworn testimony. On September 4, 1893, before notary H. Paul Georgi, John E. Eberly, age 68 of Hockley, swore that he had enlisted alongside Roberts near Point Isabel in the spring of 1846 in Col. Hays' Texas Volunteers, that Roberts served more than sixty days, and that Roberts took an active part in the Battle of Monterey in September 1846 along with several skirmishes. Roberts then swore his own statement, adding that after Monterey he had re-enlisted in the same regiment and remained an active soldier for at least thirty more days — directly rebutting the 60-day service standard the Bureau had invoked to suspend him.
Full Transcription
(numbered lines 1–32 in the original)
State of Texas. }
County of Harris. }
In the matter of Elias Roberts, pensioner, Certificate No. 17403, on this 4th day of September, A.D. 1893, personally appeared before me, the undersigned Justice of the Peace and ex officio Notary Public in and for the aforesaid County, duly authorized to administer oaths, John E. Eberly, aged sixty eight years, a resident of Hockley, in the County of Harris and State of Texas, whose Post Office address is Hockley, Texas, well known to be reputable and entitled to credit, and who, being duly sworn, declared in relation to aforesaid case, as follows:
That he in Spring 1846, together with the above mentioned Elias Roberts, enlisted at th[e] near Point Isabel in Colonel J.C. Hays' Regiment of Texas Volunteers, and that said Elias Roberts served for more than sixty days in said regiment, and took active part in the battle of Monterey in September 1846, also in several other little skirmishes.
The said John E. Eberly further declares that he has no interest in said case and that he is not concerned in its prosecution.
John E. Eberly
Also appeared Elias Roberts, [illegible, struck through] suspended pensioner, who being duly sworn by me under oath states, that he had served for more than sixty days in Colonel Hays' regiment of Texas Volunteers prior to the capture of Monterey; that he took active part in said battle, and that he after said battle re-enlisted in the same regiment, and stayed (struck through, replaced above the line with:) remained for at least thirty days longer in said regiment as an active soldier.
Elias Roberts
State of Texas, County of Harris, ss: Sworn to and subscribed before me this day by the above named affiants, and I certify that I read said affidavit to said affiants, including the word "stayed" erased, and the word "remained" added, 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 and that they are credible persons.
H. Paul Georgi, J.P.
and ex officio Notary Public.
