America James, Company B

Occasionally, a desperate (or deceitful) claimant attempted to defraud the pension benefit process. America James’s widow Rosetta (various spellings) was indicted on two charges of perjury and ordered to refund $242.00 to the Bureau of Pensions. According to WolframAlpha, that refund is equivalent to $7,436.25 in 2019 dollars.

 

Widow – 367,617 / 276,889, Roseattia James

Marriage License [copy], Nixon J. Johnson & Rosetta James, 31 March 1881
[Marriage] 31 March 1881
[Place] City of Norfolk
[Ages] 31 years old and 40 years old, respectively
[Condition] widowed and widow, respectively
[Birthplace] Elizabeth City, NC and Princess Anne Co., Va, respectively
[Residences] both in City of Norfolk
[Husband’s parents] John and Levinia Johnson
[Wife’s parents] — & Judy Lewis
[Husband’s occupation] laborer
[Officiant] Ben William Lewis

 

Death Certificate [copy], Americus James, 3 October 1887
67 years old, born Princess Anne Co., Va.
[Parents] Lamb & Amy James
[Wife] Rosetta James
[Place of death] 126 Nicholson Street, 4th Ward
[Informant] William James, son
[Died] 3 October 1887
[Cause of death] bilious remittent fever
[Burial] West Point, Oct 4, 1887
[Undertaker] Jas N. Jones, 180 Cumberland Street

 

General Affidavit, Ellen Burford, about 1881
About 40 years old; “That she knew Rosetta and America James that she lived within a few doors of their house when his death occurred and waited on and attended to him in his last sickness … he died at his home No. 85 Broad Street sometimes called Newton St., it being a continuation of Newton St and where his widow Rosetta James now resides, that America James died on January 14, 1875, as is shown by record Dr. Townsend also Dr. Tunstall who are now dead attended him in his sickness … [Buford ] waited on him in his sickness, was present at his death and burial, still knows his widow who is a parolitic [sic] and who on act of her afflictions suffers from impaired speech and is unable to explain herself intelligently and is very dependent so much so as to require assistance in dressing.”

 

General Affidavit, Ellen Burfort & Jennie Thomas, about 1883
45 years old and 42 years old, respectively; both resided at 91 Newton St, Norfolk, Virginia … “They have known Rosetta James for several years back and know she has been paralyzed in right side seriously affecting her speech also her right arm and side and has been unable to perform an work only with left hand not being able to wash or iron clothes or to dress or undress herself without assistance that she is still in aforesaid condition and dependent of the assistance of friends and her neighbors for subsistence the she bears a good reputation for truth and chastity and has never remarried since the death of her husband America James in 1875.”

 

Notarized Statement, Rosetta James, 26 September 1888
62 years old; residence No. 9 Hill St., post-office address the same … “That she is the lawful widow of Africas [sic] James … she further states she was married to her husband before the war of 1861 by the consent of her master & mistress at Grate [sic] Bridge, Norfolk Co., Va. and her master named Wm. Pritchet, and him & his wife are both deceased, and they had no children at all, and they [sic] is no record of her marriage as she was a slave & she had hard owners and she further states she cannot furnish the immediate cause of her husband[‘s] death for the following reason: the public record of her husband is on file in this city by the City Board of Health. I call on Dr. Reddick and he would not give his certificate. I had no money to pay him and Doctor Barbour treated her husband up to his death and she call on him for his certificate and he refused to give his on the grounds that he made no record of his death and she is unable to furnish the testimony of the Captain of her husband Co & Regt as she learned he is deceased, and also the Surgeon of said Regim’t, are dead also Lieutenant. And she further states her husband never died [sic] had [sic] but one Doctor to treat him, he was a man never believed in Doctors. He would by [sic] his medicine and used [illegible] and he had 3 different diseases, he was ruptured and his kidney was badly affected, and his lungs badly troubled.”

 

General Affidavit, John Whitehurst & James Langly, 24 May 1889
[Whitehurst] 64 years old; residence Barboursville, Norfolk Co., post-office address Barboursville, Norfolk Co., c/o Geo. S. Oldfield and [Langly] 46 years old; residence Norfolk City, Va., post-office address Norfolk, c/o W.R. Drury, 161 Bank Street … “That they knew America James before he enlisted … that he was a good sound man … that while in line of duty at Deep Bottom 1864, he contracted deep cold which resulted from exposure … that he was treated in hospital at different times in camp and at City Point … America James was from Princess Anne County, Va. and was married there on 2nd day of December 1857 under the old slave laws. Knew that soldier or his wife were never married before. Don’t know how many children were born to them. ”

 

Sworn Statement, Clerk’s Office, Corporation Court of the City of Norfolk, Virginia, 8 October 1890
“This is to certify that the records of this office show that America James born in Princess Anne Co., Va. died in the City of Norfolk Va. on the 14th day of January 1875 of consumption on Broad Street, also that he was 38 years of age at time of death and was by occupation a sawyer that father’s name was Abram James, mother’s name was Judy James, and that he was a married man and wife’s name was Rose James that the above was received in this office for records in the year of 1875 in accordance with the law directing Health Officer to transmit his report of deaths each and every year which order was completed with as shown by record.

Gone under my hand and the seal of said court this 8th day of October 1890.
Law L. Warning, DC [signed]”

 

Deposition, Rosetta James, 22 May 1893
About 64 years old; a housekeeper; residence and post-office address, No. 85 Newton at Norfolk, Va.
“Q: To whom did you belong before the late war?
A: I belonged to a Capt. Fentress who lived near Princess Anne Co., Va. He is dead.

Q: To whom did your husband belong?
A: He belong to a Mr. Jno. James who resided about a mile from where I was owned.

Q: When & where were you married to America James?
A:  We were married in 1854 or 55 at Capt. Fentress place in Princess Anne Co., Va. We were married according to the custom then existing among slaves. We simply obtained the consent of our owners to have one another as husband and wife. From the time of said marriage said soldier and I lived and cohabited together as husband and wife until he died in January 1875.

Q: Have you remarried or lived and cohabited with any man as his wife since the death of your late husband America James in January 1875?
A:  No sir that I have not. I am a poor “creature” here by myself. I have remained the true widow of America James, on whose account I am pensioned.

Q: Where have you lived since the death of America James?
A:  I have lived right here where I am now living continuously since his death.

Q:  Please give me the names of your neighbors who have known you intimately during the past ten years.
A:  Ellen Burfoot and Susan Lewis have known me well. Susan Lewis lived in the same house with me a number of years until a short time ago. I know Jennie Thomas but not very well.”

 

Deposition, Ellen Buford, 22 May 1893
56 years old; a housekeeper; residence and post-office address No. 83 Newton St., Norfolk, Va. “I have known Rosetta James, the above described pensioner now present since 1858 or 59. I knew her in Princess Anne Co., Va. She was then the wife of America James, on whose account she is pensioned. After her husband came out of the army in 1866 we became next door neighbors and we were living there when he died, and for more than ten years last past we have lived within fifty yards of each other and have exchanged visits every day, so that I am and have been familiar with her domestic affairs. I was with her when America James died.”

 

Deposition, Rosetta James, 23 May 1893
About 64 years old; housekeeper; residence and post office address No. 85 Newton St., Norfolk, Va.
“Q: When did your said husband die?
A: I can’t give the exact date of his death but I think he has been dead some fifteen or sixteen years.

Q: Have you remarried or lived and co-habited with a  man as his wife since the death of you said husband.
A: No sir, I have not.

Q: Have you ever known a colored man by the name of Nixon J. Johnson?
A: No sir.

Q: Have you ever known another woman of your name?
A: I once knew a woman of my name but she is dead I don’t know when she died.

Q: A Ctf of marriage now in possession show that Nixon J. Johnson & Rosetta James of Norfolk, Va. were married in this city by Rev. Mr. Lewis on the 31st day of March 1881 Are you the Rosetta Joyner referred to in said Ctf of marriage?
A: I am the woman and I was married to Johnson but he never did me any good. And he left me. And I do not know where he is now. I have not seen him for six or eight years ago, and when I became helpless he left me.”

 

Deposition, Jennie Thomas, 23 May 1893
About 50 years old; housekeeper; residence and post-office address No. 71 James St, Norfolk, Va. … “I have known the pensioner Rosetta James now present for more than fifteen years last past…. She was a widow fifteen years ago ”

 

Deposition, Rosetta James now Johnson, 8 October 1894
“I am about 65 years old; no occupation, I am paralyzed; residence and post-office address No. 85 Newton St., Norfolk, Va. … [She received pension as America James’ widow but] whose pension was stopped by reason of my marriage to Nixon J. Johnson
Q: I am directed by the Hon. Commissioner of pensions to demand from you the refund amount of two hundred and forty two dollars. This being the amount of pension received by you from the United States as the dependent widow of the soldier American James. What is your response to this demand?
A:  It is impossible for me to make refundment [sic] of any part of said sum of money for the reason that I have not a penny with which to buy bread. I am dependent on my brother America Fentress for the means of support.
I own the house in which I live but Judge Whitehurst has a mortgage of $50.00 on it. Said property would not sell for more than $300.00. I owe some taxes past due on said property. I gave the mortgage on my property to Judge Whitehurst about a year ago to secure him for professional services rendered in defending me in a criminal procedure in the U.S. Court growing out of my pension claim.”