W. H. CUBINE

Submitted by Theodore Urbanski

SOURCE: TX Confederate Pension Application: #41625

Mrs. N. L. Cubine,

Spouse of W. H. Cubine

Co. B 4 th Tennessee Cavalry C. S. A.

Co. D 1 st Virginia Cavalry C. S. A.

Widow’s Pension

State of Texas

#41625

Cover page

41625

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Form B

Dead

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Widow’s Application

For a Pension

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The Comptroller of Public Accounts reserves the right to call for additional testimony if he deems it necessary.

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Name of Applicant

Mrs. W. L. Cubine

Montague, County

Post Office Nocona, Texas

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Filed Dec. 5, 1925

Approved Dec. 14, 1925

Pension allowed from Dec.1, 1925

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Rejected………………………………......................................................................................

S. H. Terrell

Comptroller of Public Accounts

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E. L. Strick, Austin

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Form B

Form B 375-119-1M

FOR USE OF WIDOW’S OF SOLDIERS WHO ARE IN INDIGENT CIRCUMSTANCES

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THE STATE OF TEXAS,

County of Montague

I, Mrs. N. L. Cubine do hereby make application to the Comptroller of Public Accounts for a pension, to be granted me under the Act passed by the Thirty-third Legislature of the State of Texas, and approved April 7, A. D. 1913, on the following grounds:

I am the widow of W. H. Cubine, deceased, who departed this life on the 19 thday of March 1924, in the County of Montague in the State of Texas.

I have not remarried since the death of my said husband, and I do solemnly swear that I was never divorced from my said husband, and that I never voluntarily abandoned him during his life, but remained his true, faithful and lawful wife up to the date of his death. I was married to him on the 27 th day of May A. D. 1879, in the County of Montague, in the State of Texas.

My husband, the said W. H. Cubine, enlisted and served in the military service of the Confederate States during the war between the States of the United States, and that he did not desert the Confederate service. I have been a resident of the State of Texas since prior to January 1, A. D. 1900, and have been continuously since a citizen of the State of Texas. I do further state I do not receive from any source whatever money or other means of support amounting in value to the sum of $300.00 per annum, nor do I own in my own right, nor does any one hold in trust for my benefit or use, estate or property, either real, or personal, or mixed either in fees or for life, of the value of one thousand dollars, exclusive of the home of the value of not over $2000; nor do I receive any aid or pension from any other State, or from the United States, or from any other source, and I do further state that the answers given to following questions are true:

1. What is your age?

Answer -69 years

2. Where were you born?

Answer-North Carolina

3. How long have you resided in the State of Texas?

Answer-Since 1877

4. How long have you resided in the county of your present residence? And what is your Post office address?

Answer- Since 1877---------Nocona, Texas

5. Did your husband draw a pension? If so give file number.

Answer-No

6. What is your husbands full name?

Answer-W. H. Cubine

7. What was the date of his death?

Answer-March 19, 1924

8. In what state was your husband’s command originally organized? Answer-He enlisted in Virginia, but no company organized there so went to Tennessee, there enlisted in Co. B Capt. C. H. Ingles 4 th Tennessee Cavalry November 1862.

9. How long did your husband serve? If known to you, give date of enlistment and discharge.

Answer- From 1861 to close of war, not discharged but surrendered

10. What was the letter of the company, or number of the battalion, regiment, or battery of artillery in which your husband served? If he was transferred from one branch of service to another give time of transfer, description of command and time of service.

Answer-1 st service Co. B 4 th Tennessee Cavalry later from Co. B to Co. D 1 st Virginia Cavalry.

11. Name branch of service in which your husband served, whether infantry, cavalry, artillery, or the navy, or if commissioned as an officer by the President, his rank and line of duty, or if detailed for special service, under the law of conscription, the nature of such service, and time of service.

Answer-Cavalry, Private

12. Have you transferred to others any property of any kind for the purpose of becoming a beneficiary under this law?

Answer-No

Wherefore your petitioner prays that her application for a pension may be approved and such proceedings be had in the premises as required by law.

(Signature of Applicant) Mrs. N. L. Cubine

Sworn to and subscribed before this 28 th day of November A. D. 1925

H. S. Calloway

County Judge Montague County, Texas

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Affidavit of Witnesses

AFFIDAVIT OF WITNESSEE

[Note----there must be at least two creditable witnesses]

THE STATE OF TEXAS

County of Montague

Before me, W. F. Leonard Notary Public of Montague County, State of Texas, on this day personally appeared F. P. Skillman and C. McCall, who are personally known to me to be creditable citizens, who, being by me duly sworn on oath state that they personally know that Mrs. W. L. Cubine, applicant for a pension as the widow of W. H. Cubine deceased, is in truth and fact the widow of W. H. Cubine, deceased; that they personally know that she has not remarried since the death of her husband, who whose services in t he army she claims a pension, and that they have no interest in this claim.

(Signature of Witness) C. McCall

(Signature of Witness) F. P. Skillman

Sworn and subscribed to before me, this 30 day of November A. D. 1925

W. L. Leonard

Notary Public Montague County, Texas

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AFFIDAVIT OF WITNESSEES

[Note----there must be at least two creditable witnesses]

THE STATE OF TEXAS

County of Montague

Before me, W. F. Leonard Notary Public of Montague County, State of Texas, on this day personally appeared F. P. Skillman and C. McCall, who are personally known to me to be creditable citizens, who, being by me duly sworn on oath state that they personally know the above named applicant for pension, and they personally know that the said N. L. Cubine has been a bona fide resident citizen of the State of Texas since prior to January 1, A. D. 1900, and that they have no interest in this claim.

(Signature of Witness) C. McCall

(Signature of Witness) F. P. Skillman

Sworn and subscribed to before me, this 30 day of November A. D. 1925

W. L. Leonard

Notary Public Montague County, Texas

------------------------------------------------------------------------------------------------------------------------ AFFIDAVITS OF WITNESSES

(If possible, the two witnesses should have served with the applicant’s husband in the army, and if so let them or either of them, state it in their oath; also any information regarding the army service of applicant’s husband.)

STATE OF TEXAS

County of …………………..

Before me……………………, County Judge of ……………..County, State of Texas, on this day personally appeared……………….., who personally known to be creditable citizens, who being by me sworn, on oath state that they are personally acquainted with the foregoing applicant, and that the facts set forth and statements made in her application are correct and true, so to the best of their knowledge and belief, and that they have no interest in this claim. And further make oath to the following facts touching the service of applicant’s husband in the Confederate Army; (State fully your source of knowledge)……….................

………………………………..........................................................................................................................................................................................................................................................

Side Note: This lady has property set out below, but there are a number of heirs who have an interest in the same with her. Her interest is only ½ interest.

H. S. Callaway County Judge

(Signature of Witness)……………………………........

Sworn and subscribed before me, this…………. Day…….of ………..A. D. ………191.….

County Judge…………..County, Texas

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CERTIFICATE OF STATE AND COUNTY ASSESSORS

I, C. G. Garrett State, and County Assessor in the County of Montague State of Texas, do here certify that Mrs. N. L. Cubine whose name is signed to the foregoing application for a pension, under the Act of the Thirty-third Legislature, approved April 7, 1913, is charge on the tax rolls of said county with a homestead of the value of Three Thousand and Seventy Dollars, and of other property, real or personal, or both, of the value of Seventy Dollars.

Given under my hand, this, 2 nd day of December A. D. 1928

G. C. Garrett

State and County Assessor.

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Request for Service Record

COMPTROLLER’S DEPARTMENT

STATE OF TEXAS

AUSTIN

To the Adjutant General,

War Department

Washington, D. C.

Dear Sir:

I have the honor to request the Military record W. H. Cubine, who is reported to have enlisted in Company B Regiment, 4 th Tennessee Cavalry, also Company D 1 st Virginia Cavalry. In service in the Confederate States army.

Very respectfully,

Comptroller of the State of Texas

Recd. A. G. O. Dec. 8, 1925 [Old Records Division]

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Letter from the County Judge’s Office [Montague]

COUNTY JUDGE’S OFFICE

MONTAGUE COUNTY

H. S. CALAWAY COUNTY JUDGE

Montague, Texas

December 2 nd, 1925

Hon. S. H. Terrell, Comptroller,

Austin, Texas,

Dear Sir:

Herewith I enclose the application of three widows of Confederate Veterans asking for pensions.

There is one in particular I wish to call your attention to and that is the application of Mrs. N. L. Cubine, there is in her name in the county as the Tax Assessors certificate will show more than she is allowed, if you do not know the circumstances. While she occupies part of the property, the heirs of her husband and also of her have never demanded a division of the property so you can see that she has only one half interest in same which I think will allow her to come within the law.

Again I am enclosing part of her proof in the form of a letter and certificate of a party who did live in one of the old states but who is dead now, these being all the proof she had of her husbands service, she wishes that when you satisfied your self in the matter that you would return them to me, now if this is possible I will consider it a courtesy as will they for the papers are valuable to them.

Thanking for these favors, I am,

Yours very truly

N. S. Callaway

N. S. Callaway

County Judge

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Replay from the Comptroller’s Office December 8, 1925

December 8, 1925

Hon. H. S. Callaway

County Judge

Montague, Texas

Dear Sir:

Replying to your favor of December 2 nd.

The application of Mrs. N. L. Cubine for Confederate pension cannot be approved until she has filed an affidavit of the other parties at interest in the homestead property assessed against her showing undivided interest in such property, which interest must reduce her holding to $2000.00 or less.

I have had copies made of Capt. C. T. Litchfield’s affidavit and Baxter Smith’s letter, which copies are being filed with Mrs. Cubine’s application, and original papers are being returned to her as requested by you.

A report has been requested on the military record of Mr. W. H. Cubine and should this report show honorable service and affidavit of holders of interest in her homestead property be filed her application will be approved.

Your very truly,

COMPTROLLER.

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The Letters

1 st letter

I, Connally T. Litchfield of Abington, Washington County, Virginia do solemnly swear that I was Captain of Company D. 1 st Virginia Cavalry, Confederate States of Army in the war between the States 1861-1865 and that I am personally acquainted with W. H. Cubine and that during the war between the States, that said W. H. Cubine was transferred from General N. B. Forrest’s command and assigned to my Company and served therein until the close of the war, and that while a member of my company the said W. H. Cubine was a loyal, brave and true soldier in the service and faithful in the discharge of his duties.

Given under my hand this 10 th day of July 1905

Connally T. Litchfield

Subscribed and sworn to by Connally T. Litchfield before me John W. Neal a Notary Public for Washington County, Virginia, this 10 th day of July 1905.

(Seal) John W. Neal Notary Public

2 nd letter

Nashville Tenn. Feb. 9, 1906

Mr. W. H. Cubine

Nocona, Texas.

Dear friend and comrade of other days:

It afforded me much pleasure to receive your letter of the 22 nd of Jan. ult. It came almost like a voice from the tomb---I had not seen or heard from you for so long. I am glad to hear that you are living quietly and pleasantly in so fine a country, after the adventurous life you have lived during the great civil war, and since, on the frontiers of Texas. I hope that you may spend the balance of your life in peace and happiness that your former life entitles to you.

I remember you well as one of the bravest and most daring men in my command. There was no better soldiers in the Confederate army that were to found in your Company, B, C. H. Ingles, of the 4 th Tennessee Cavalry.

You must send me a copy of the book you speak of, and I will send you my picture, and you send yours. As you request it, I will state as officially as I can, as follows:

W. H. Cubine was a member of Co. B, Capt. C. H. Ingles, 4 th Tennessee Cavalry, of which I was Colonel---the Regiment was formed in November 1862, and maintained its Regimental formation until the surrender, May 4, 1865.

At some period, I think in the year 1864, it may have been in 1863, W. H. Cubine was transferred from Co. B 4 th Tennessee Cavalry to, I believe, Co. D 1 st Virginia Cavalry. After that I saw no more of him during the war, nor since--In this connection it is proper to state that Company B, to which Mr. Cubine belonged, was organized in Sullivan County, Tennessee and Virginia --Mr. Cubine being a recruit from the latter State.

III

My Regiment constituted a part of Wheeler’s Corps and participated in the great battle of Murfreesboro or Stone River, Dec. 31, 1862, and Jan. 1-3, 1863-in this engagement it was said that the Confederate Cavalry did more efficient service than in any other great battle of the war.

On the morning of Jan. 1, 1863, Wharton’s Brigade, embracing the 4 th Tenn. Cavalry, was ordered to La Vergne, fifteen miles toward Nashville, and in the rear of Rosencranz army--There it looked like the whole Federal army was in retreat--Large numbers of prisoners were taken--wagons, horses, and munitions captured. At this time an act of conspicuous bravery occurred --W. H. Cubine separated from the Regiment while it was engaging the enemy on the pike, and went around and captured a fine brass cannon, with five prisoners, and made them take the piece back and turn it over to the command.

In the spring of 1863 while my command was a Woodbury, Tenn. On outpost duty, we were almost daily engaging the enemy in a fight or skirmish. I remember well one morning W. H. Cubine and others were out in front on picket, when the enemy made a bold dash, almost surrounding the pickets, and pressing them so hard that they ran into camp, where we attended to the pursuers. In this reincounter, W. H. Cubine’s horse was killed--he was struck over the head with a saber and shot, but managed to get away.

At another time, subsequent to the above occurrence, Gen. Bragg call on Gen. Wharton for a detail of ten men to report to one Capt. Dirks to go with him into the Federal lines and into Nashville-the object being, as stated, to capture Andrew Johnson, and bring him a prisoner into Confederate lines-Dirks pretended to have deserted the Federals, and had ingratiated himself into the confidence of Gen. Bragg, and had been with him long enough to learn the full strength of the his army, his plans etc. The detail of ten men was made up of men from my Regiment, including W. H. Cubine. These men set out with Dirks for Nashville, taking a circuitous route, but these men were smart enough to discover that Dirks was a spy in disguise, and they secured enough proof on him to establish his guilt. He was taken back and tried as a spy and executed.

There were many other acts of W. H. Cubine, demonstrating his efficiency as a soldier, that I can not now recall.

Yours truly

Baxter Smith

P. S. I expect to be at the New Orleans reunion, which is to take place late in April. Cant you met me there? B. S.

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Response from the War Department

WAR DEPARTMENT

THE ADJUTANT GENERAL’S OFFICE

WASHINGTON, D.C. December 10, 1925

Respectfully returned to

Comptroller,

State of Texas

Austin, Texas

The records show W. H. N. Cubine, Co. B, 8 th [Smith’s] Tennessee Cavalry [also known as Co. B 4 th Tennessee Cavalry] C. S. A. enlisted Oct. 1, 1861 at Knoxville. Muster roll Jan. 1 to Apr. 30, 1863, dated May 28, 1863 (the latest on file) show him present, a Pvt.

No later record as that Co. found.

W. H. N. Cubine 2 nd Co. D, 1 st Va. Cavalry C. S. A. enlisted March 15, 1864, at Abington. Muster roll May and June 1864, shows him transferred from 4 th Tennessee Cavalry, April 15, 1864, a Private.

Muster roll July and August 1864, {latest on file} shows him present, a Private.

Personal papers on file dated March 24, 1865 show that there was due to him $3500, for loss of his horse killed in action near Mt. Jackson, Va. On November 22, 1864.

Capture, parole, or later record not found.

Also found as W. H. Cubine.

Robert Davis

Major General,

The Adjutant General,

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Application for Mortuary Warrant

APPLICANT FOR MORTUARY WARRANT

STATE OF TEXAS

County of Montague

I, R. L. Cubine do hereby certify that I am the person entrusted the paying of the accounts and indebtedness of the late Mrs. N. L. Cubine, who was a pensioner of the State of Texas, and whose file number was 41625 and whose original county was Montague. The said pensioner Mrs. N. L. Cubine, died on the 3 rd day of May 1932, in the town of Nocona County of Montague, Texas.

The pensioner died in the home of Her own who was related to the pensioner as ………………………………..............................................................................................

That the warrant, which application is hereby made for, shall be applied to paying or all or part of the funeral expenses incurred by the said pensioner……Yes…………………..

I further certify that the warrant for the current quarter has not been cashed by the pensioner, to the best of my knowledge and belief.

I am related to the pensioner as (Friend)………..Son……………………………….

That my post office address is Nocona, Texas

Signed ………………… R. L. Cubine

Sworn before me this 13 thday of May 1932

Robert Davis

Notary Public in and for Montague County, State of Texas

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CERTIFICATE OF UNDERTAKER

I, James Dougherty, do certify that I am undertaker in the town of Nocona, County of Montague, State of Texas that I had charge of the body of Mrs. N. L. Cubine, who died in the town of Nocona, County of Montague, State of Texas on the 3 rd of May 1932. That said body was prepared for burial by me on the 3 rdday of May 1932, and that I am of the opinion that warrant herein applied for should be issued to the said R. L. Cubine who makes the foregoing application.

Signed James V. Dougherty

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CERTIFICATE OF PHYSICAN

I, H. F. Wilson, do certify that I am a practicing physician, and that I attended

Mrs. N. L. Cubine in her last illness, am of the opinion that her aliments were Cancer of the stomach, I further certify that I am of the opinion that the Mortuary Warrant above requested should be issued in the name of the aforementioned applicant, in accordance with Act passed by the thirty-eighth Legislature and approved March 2, 1923.

Signed H. L. Wilson

Physician Address Nocona, Texas

*Note: Must return before forty days from date of death of Pensioner’s death

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Reference

Widow’s application for a Pension from the State of Texas #41625

Transcribed by Theodore Urbanski

If any questions please e-mail me at tedusedoghouse@sbcglobal.net

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