John M. Beaty, Company "B" 40th Indiana Infantry; widow Sarah J. Beaty (application # 15,366); W. C. Kemp Guardian (minor's certificate # 102,562) On January 31, 1865 Sarah J. Batey aged 27 and a resident of Tipton County, Indiana filed a "Declaration For Widow's Army Pension." Sarah is the widow of John N. Batey (as written on form) who enlisted as a Private in Company "B" 40th Regiment of Indiana Volunteer Infantry in the War of 1861 and who died "at the Jefferson U. S. General Hospital (of inflammation of the lungs contracted while on the service of the United States) at Jeffersonville in the State of Indiana." Sarah states that she married John N. Baty in Howard County, Indiana on Dec. 20, 1865 and that her maiden name was Sarah J. Purvis. A copy of the Marriage records show that this date is wrong: "Indiana, To-wit: Howard County This certifies that I joined in marriage as Husband and wife John M. Beaty and Sarah Jane Purvis on the 22 day of December 1855. J. F. White, Min of the Gospel." Sarah states the following are a list of her children under the age of sixteen: William J. T. Batey born Dec. 10, 1856 Sarah C. E. Batey born May 23, 1858 James O. I. Batey born on Jan. 6, 1860 (?or 1861?) Dryer E. E. Batey born on Nov. 6, 1862 Sanford B. W. Batey born on Jan. 19, 1864. William Barlow and Sarah Hendricks are witnesses to Sarah's signature and affirm her identity, marriage and the existence of her children. An affidavit filed by Jas. P. Lindsey and I. K. Baxter, physicians in Tipton County, Indiana lists the following children of John M. and Sarah J. Beaty: "Wm. T. was born Dec. 10, 1856; S. E. Beaty was born May 22, 185 (# missing); Orval Beaty was born Jan. 10, 1860; Elbert Beaty was born Nov. 6, 1861; Sanford Beaty was born March 19th 1864." A letter from Wm C. Kemp Guardian: "Centre Post Office Oct. 24, 1867, Commissioner of the Interior Your note of Oct. 18th has been recd you want the names of John M. Batys children in full, which I proceed to give. They are as follows: Wm. Joseph Truman Baty, Sarah Clementine Elmira Baty, James Orval Isaiah Baty, James Elbert Elbridge Baty, Sanford Bevligim Baty. Now my dear sir these children are subsisting on charity and have been for last twelve months and if you can do any thing for them you will be conferring a blessing on the truly needy. Wm. C. Kemp, Guardian. A marriage license shows that Sarah J. Beaty married Joseph P. Tooley on October 10, 1865 in Tipton County, Indiana. A document from Howard County, Indiana shows that William C. Kemp was appointed Guardian of the minor heirs of John M. Beaty (William J., Sarah E., Orval, Elbert and Sanford Beaty) and that "Sarah J. Beaty, the mother of the children aforesaid was again married on the tenth day of October 1865, being now the wife of Joseph Tooly." On Sept. 12, 1916 Sarah J. Christian, aged 77 and living in Sharpsville, Indiana filed a remarried widow's declaration for Pension. She states that she married Joseph Tooley after the death of John Beaty, that she divorced Joseph Tooley and afterwards married James Christian who is now dead. She refilled this application in 1916 and gives the date of her marriage to James Christian as "in Clark County, Indiana about 1871 or 1872, who died in Aug. 1909." Her applications are rejected "on the ground that her divorce from her subsequent husband, Joseph P. Tooley, was not without fault on her part." In a letter from the Chief of the Law Division to the Chief of the Civil War Division the following statements are made: "She filed a claim for pension as his (John Beaty) widow, but evidently abandoned the same upon her remarriage to one Joseph P. Tooley, October 10, 1865, with whom she lived for a short period when they were separated, and on March 23, 1867, the claimant filed a petition for divorce." A copy of the Divorce proceeding are in the file. Some information from these proceedings: Joseph Tooley had 8 children by a former wife. "That on the 27th day of July 1866, the plaintiff and defendant became the parents of one other child making in all 14 children which lived with the family and in the house of the defendant." The husband's side: "That soon after their said marriage, the conduct and treatment of the plaintiff towards defendant disclosed to him, that she was an ill tempered, evil minded and uneasy woman dissatisfied with all the provisions he had made for her happiness and comfort. That the conduct and treatment of the plaintiff towards the defendant has been most cruel and abusive. That plaintiff greatly abuses his children, has even attempted to knock them down with a club and has drawn the same to execute her threats and has even tried to drive his children from home. That she allows her own children to go without restraint and greatly abuse his children, not satisfied with which and for the purpose of injuring and wounding the feelings of the defendant. She has questioned the character of defendants deceased wife for chastity and virtue and has thrown up to him that she was a whore and a prostitute. That on the 12th day of March 1867, plaintiff left and abandoned defendant without any just cause or provocation and moved out of the County; is now a resident of Howard County, Indiana and says she will never return and live with the defendant. Defendant further says there is no possibility of them ever living together again. Sarah does not appear at the Divorce proceedings so Joseph is granted a Divorce and custody of his 8 children, Francis M., Ancil N., Martha E., Nancy A., Eliza J., John H., and Margaret L. and their joint child, Perry M. Tooley. Sarah files a Motion to review Divorce & Alimony in October Term 1867 stating: "long before the term of this court defendant and plaintiff had privately arranged all the matters of difficulty and was to live as husband and wife, and that her said petition was to be dismissed and by agreement with defendant both were to come to the court the last week of the this term of court and dismiss her bill, that confiding in these agreements and represents she was induced to & did not appear at the Court to prosecute her suit, nor did she advise with or consult her attorney for the reason aforesaid. She states that she believed said divorce was obtained by fraud and that if she had not been prevented from attending by the false statements & representations of defendant she would have obtained the divorce herself..She also states that she has one child of the age of one year and three months, a male child named Perry Morton, which is at the breast and she has the custody of said child." Sarah is allowed $400 alimony and the custody of Perry Morton. 1880, Cicero, Tipton County, Indiana page 115B James Christian 53, KY, KY, KY Sarah J. wife IND, KY, KY Eddie M. 4 son IND, KY, IND James M. ? Sept. son IND, KY, IND Beatie, James 20 son IND, KY, IND Beatie, Darias 18 son IND, KY, IND Beatie, Sanford 16 son IND, KY, IND Tooley, Perry 12 son IND, KY, IND

According to info on Ancestry this is L-198 ----- Original Message ----- From: "Laurel Baty" <laurelbaty@comcast.net> To: <BP2000-L@rootsweb.com> Sent: Thursday, March 18, 2004 11:53 AM Subject: [BP2000] John M. Beaty, widow Sarah, 5 minor children, Indiana, Civil War John M. Beaty, Company "B" 40th Indiana Infantry; widow Sarah J. Beaty (application # 15,366); W. C. Kemp Guardian (minor's certificate # 102,562) On January 31, 1865 Sarah J. Batey aged 27 and a resident of Tipton County, Indiana filed a "Declaration For Widow's Army Pension." Sarah is the widow