;
The Pension Fraud Case of James M. Hart of Lykens
Posted By Norman Gasbarro on April 3, 2019
On 25 July 1881, the Harrisburg Daily Independent published an article entitled “Trying to Beat Uncle Sam,” in which it described the failed effort of James M. Hart, of Lykens, to provide fraudulent evidence to obtain a Civil War pension.
TRYING TO BEAT UNCLE SAM
The Man Arrested by Detective Hoopes Held for Court
Detective Harry Hoopes returned from Philadelphia on Saturday last whither he had taken the man arrested at Lykens, allusion to which was made in Friday’s INDEPENDENT. The name of the individual was James M. Hart, of Lykens. He was given a hearing on Saturday last before United States Commisioner Bell and held to $1,000 bail on the charge of presenting a fraudulent affidavit in support of a claim for pension money from the government. The affidavit in question purported to have been made by Isaac Kessler, of Georgetown, Northumberland County, Captain of Company L, 16th Regiment, Pennsylvania Volunteers, in which it is set forth that the latter had sustained the injuries he alleges to have sustained in his application for a pension. W. H. Kendall, a justice of the peace of Lykens, testified that on August 12, 1879, Hart appeared before him with the affidavit with Kessler’s name signed to it and said that Kessler authorized him to make oath to its correctness. Assistant District Attorney Brown produced a sworn statement from Kessler that he did not sign the affidavit in question; that, on the contrary, when Hart asked him to do so he refused, knowing nothing of the facts referred to.
A similar article appeared in the Harrisburg Patriot of 26 September 1881:
How Pension Claims Pile Up
James M. Hart, of Lykens, Dauphin County, was before Commissioner Bell, in Philadelphia on Saturday, charged with fabricating an affidavit in the name of Isaac Reisler, captain of Company L, Sixteenth Pennsylvania Volunteers, certifying to Hart’s injuries. It was testified that Hart told a justice of the peace that Reisler had authorized him to sign the affidavit, whereupon the accommodating justice swore Hart as if he were Reisler, and two witnesses attested Reisler’s alleged signature. Reisler’s sworn statement was that he had refused to make an affidavit. Hart was put under $1,000 bail. It is said that the amount of arrearages of pension involved is nearly $2,000.
Previously, on the 20 August 1881, the Harrisburg Patriot had initially reported the following about the case:
James M. Hart, of Lykens, charged with forging the name of Isaac H. Ressler, of Georgetown, to an affidavit setting forth his claim to a pension, was taken before Judge Butler, of the United States District Court at Philadelphia, on Tuesday, on a writ of habeas corpus, and after being granted a hearing was remanded for trial, his bail being reduced from $1,000 to $250. W. H. Kendall, a justice of the peace, before whom Hart swore that he was authorized to sign Ressler’s name, and Josiah Rumberger, who witnessed his affidavit, were present from Lykens as witnesses.
The final resolution of the case was reported in the Philadelphia Inquirer on 17 December 1881:
James M. Hart, convicted of perjury in making a false affidavit in support of a pension claim, was fined $50, and sentenced to one year. Judge Butler dealt leniently with Hart, who has been in prison already about five months. The judge expressed his regret that it was not Magistrate Kendall before him instead of the defendant, for that official was really the cause of Hart’s iniquity.
According to information available on James M. Hart‘s military service, he first served as a Private in Company F, 10th Pennsylvania Infantry, from 25 April 1861 through an honorable discharge on 31 July 1861, having served the three-month term of enlistment. At the time of his service, he was 35 years old, was a miller by occupation, and resided in Lykens. Cards above and below from Pennsylvania Archives.
On 23 October 1862, James M. Hart enrolled at Camp Curtin in the 16th Pennsylvania Cavalry, Company H, and was mustered into service the next day as a Private. At that time he resided in Dauphin County, was working as a laborer, stood 5 foot 5 inches in height, had dark hair, a dark complexion, and grey eyes. On 11 August 1865 he was honorably discharged.
The Pension Index Card (above from Ancestry.com) notes that the initial date of application for a pension was 9 April 1877. This was at a time when disability had to be directly connected to Civil War service. The difference in application number and certificate number on the card is an indication that a great amount of time passed before he was awarded the pension – and the charges brought against him and his conviction explain that time difference. A check of the actual pension application files at the National Archives should have information on his fraudulent claim as well as a reapplication later when the pension awarding requirements were relaxed and “old age” became a sufficient reason for the granting of a pension. Because of the cost of obtaining the pension application files, they were not consulted for this blog post.
It should be noted also that the widow, Alaminda [Arrison] Hart, applied on 15 January 1895, and was awarded benefits. Sources indicate that James M. Hart died on 26 December 1894.
In 1890, James Hart was living in Tower City, Schuylkill County, Pennsylvania, where he reported his cavalry service to the census.
James Hart‘s name appears on the Lykens G.A.R. Monument as a Private who was not a member of the Heilner Post at that place.
___________________________________
News articles from Newspapers.com and the on-line resources of the Free Library of Philadelphia.
Comments