Celia Turner's Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Celia Turner (2643) Disallowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

75 bushels corn

$150

 

 

500 binds fodder

$10

 

 

40 pounds bacon

$8

 

 

Totals

$168

 

 

 

To the Honorable Commissioners of Claims, Under the Act of Congress of March 3, 1871, Washington, D.C.:

The petition of Celia Turner respectfully represents:

That she is a citizen of the United States and resides at present in Winston County, Alabama.

That she has a claim against the United States for provisions taken on or about 24th day of March 1865 in Winston County, Alabama by order of General Wilson for the U.S. Army as follows:

75 bushels corn ($150); 500 binds fodder ($10); 40 pounds bacon ($8); total $168

That all of the items in the above schedule were of the full value therein set forth and were taken from the residence of your petitioner for the use of and were used by the United States army at or near the residence of the petitioner by General Wilson’s men while on their march south to Selma, Alabama on or about the 24th day of March 1865.

That no voucher, receipt or other writing was given therefor by the persons taking the same as aforesaid or received by your petitioner.

That your petitioner resided at the time her said claim accrued in Winston County, Alabama.

That Celia Turner of Winston County, Alabama was the original owner of said claim, and that she has not transferred the same or any part thereof and is the present owner of the same.

That your petitioner remained loyal adherent to the cause and the Government of the United States during the war, and was so loyal before and at the time of the taking of the property for which this claim is made.

That said claim has not before been presented to any department of the government for adjustment.

That Stilson, Bundy & Webster, of Washington, D.C., are hereby authorized and empowered to act as her Attorneys for the prosecution of this claim.

Wherefore your petitioner prays for such action of your Honorable Commission in the premise, as may be deemed just and proper. [signed x her mark] Celia Turner. Witnesses: [signed] A.J. Ingle and Jonathan Barton

State of Alabama, County of Winston: Celia Turner being duly sworn, deposes and says that she is the petitioner named in the foregoing petition, and who signed the same; that the matters therein stated are true, of the deponent’s own knowledge, except as to those matters which are stated on information and belief, and as to those matters she believes them to be true; and deponent further says that she did not voluntarily serve in the Confederate army or navy, either as an officer, soldier, or sailor, or in any other capacity, at any time during the late rebellion; that he never voluntarily furnished any stores, supplies, or other material aid to said Confederate army or navy, or to the Confederate government, or to any officer, department or adherent of the same in support thereof, and that she never voluntarily accepted or exercised the functions of any office whatsoever under, or yielded voluntary support to, the said Confederate government. [signed x her mark] Celia Turner, Witnesses: [signed] A.J. Ingle and Jonathan Barton

Sworn and subscribed in my presence, the 13th day of May 1871 [signed] William H. Wilbanks, Justice of the Peace.

Names and residences of witnesses who will be relied upon to prove loyalty:

Jonathan Barton, Larissa, Winston County, Alabama

Aleas Cagle, Larissa, Winston County, Alabama

Names and residences of witnesses who will be relied upon to prove the other facts alleged in the foregoing petition:

Jonathan Barton, Larissa, Winston County, Alabama

Aleas Cagle, Larissa, Winston County, Alabama

Post office address of claimant, Larissa, Winston County, Alabama

Before the Commissioners of Claims, Under Act of Congress of March 3, 1871:

In the matter of the Claim of Celia Turner of Larissa, in the County of Winston and State of Alabama.

Comes not the Claimant before R.P. Baker, Esq., Special Commissioner for the State of Alabama, and represents that he has heretofore filed with the above-named Commissioners a Petitioner for the allowance of a claim for property taken for the use of the army of the United States, which claim, as stated below, does not exceed the sum of three thousand dollars.

That the said claim, stated by items, and excluding therefrom all such items as refer to the damage, destruction and loss, and not the use, of property; to unauthorized or unnecessary depredations of troops and other persons upon the property, or to rent or compensation for the occupation of buildings, grounds or other real estate, is as follows:

75 bushels corn ($150); 500 binds fodder ($10); 40 pounds bacon ($8); total $168

That, as stated in the Petition referred to, the property in question was taken from or furnished by Celia Turner of Larissa, in the State of Alabama, for the use of a portion of the army of the United States known as General Wilson’s Cavalry and commanded by General James H. Wilson, and that the persons who took or received the property, or who authorized or directed it to be taken or furnished, were the following: men of General James H. Wilson’s Command whose names and rank are unknown to petitioner.

That the property was removed to the army on the march and used for or by them to subsist man and beast; all this on or about the 24th day of March, in the year 1865, as appears by the petition presented to the Commissioners.

That the Claimant is unable to produce the witnesses hereafter to be named before the Commissioners at the city of Washington for and because of the following reasons, to wit: by reason of the smallness of the claim and the poverty of the claimant.

That, by the following named persons, the claimant expects to prove that, from the beginning of hostilities against the United States to the end thereof, his sympathies were constantly with the cause of the United States; that he never, of his own free will and accord, did anything, or offered, or sought, or attempted to do anything, by word or deed, to injure said cause or retard its success, and that he was at all times ready and willing, when called upon, or if called upon, to aid and assist the cause of the Union, or its supporters, so far as his means and power and the circumstances of the case permitted:

That, by the following named persons, the Claimant expects to prove the taking or furnishing of the property for the use of the army of the United States:

Jonathan Barton, of Larissa, Alabama

Aleas Cagle, of Larissa, Alabama

The Claimant now prays that the testimony of the witnesses just designated be taken and recorded, at such place and at such time as the Special Commissioner may designate at the reasonable cost of said Claimant; and that due notice of the time and place of the taking thereof be given to the Claimant, or to his counsel.

Submitted on this 16th day of August, 1871, Celia Turner, Claimant, by Stilson, Bundy & Webster, Attorneys.

State of Alabama, Winston County: I, Robert P. Baker, Commissioner to take testimony in cases pending before “The Commissioner of Claims,” now pending before them against the United States, and as Notary Public in and for the County of Morgan and State of Alabama, do certify, that Celia Turner, of Larissa, the claimant in this cause, and as a witness, and Jonathan Barton, Gilford M. Barton, D. Greenberry Turner and Matilda Cagle, of Winston County, Alabama as witnesses, came before me at Larissa, Winston County, Alabama on the 6th day of March, A.D., 1872, the said witnesses to testify in behalf of Celia Turner, the claimant in this cause; that before said witnesses were examined they were each severally sworn by me to tell the truth, the whole truth, and nothing but the truth, relative to said claim; that the answers of each of said witnesses were taken down; that after the same were carefully read over to said witnesses, I caused each of them to subscribe their deposition. And I further certify, that said depositions have not been out of my possession since they were so taken, nor have the same been in any way altered or changed.

Given under my hand and seal, this 20th day of March, A.D., 1872. [signed] R.P. Baker, Special Commissioner

Celia Turner, Claimant, vs. United States, Defendant.

In pursuance of the Commission issued by the Commissioners of Claims at Washington City, D.C., to the undersigned, on the 18th day of November, A.D., 1871, I, Robert P. Baker , have called and caused to come before me at Larissa, in the County of Winston, and State of Alabama, on the 6th day of March, A.D., 1872, Celia Turner (claimant), Jonathan Barton, Gilford M. Barton, D. Greenberry Turner and Matilda Cagle witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which Celia Turner, of Winston County, Alabama is claimant, and the United States is defendant.

The said Celia Turner, being first duly sworn, says, in answer to the Interrogatories propounded to her that she is fifty years of age and the widow of James F. Turner, who died in 1863, and resides in Winston County, ten miles from Larissa and engaged in farming and have been residing at the place I now reside for about eleven years. I had cattle taken from my place in 1864 by the Rebels: one cow and two heifers for which I never received no pay. I was threatened—I think it was by Captain Reid’s Rebel Home Guard—that they would hang my children if they did not tell where the boys who were lying out might be found. I never done anything for the United States Government, other than to feed parties who were lying out to avoid conscription in Rebel service. I had a son who was conscripted, I think. I cannot tell how long he was in the service—but a year at least—when he deserted and came home. Don’t know that I had any relatives in the Union army. I never received a pass from Rebel officers. From first to last I was in favor of the Union and opposed to the war.

34 – I do. I never did. I did as far as I was able.

[signed x her mark] Celia Turner

Jonathan Barton, being called to prove loyalty, after being duly sworn doth depose and say that he is forty years of age, and a farmer by occupation. That he resides in Winston County, Alabama; that he has been acquainted with claimant for about twenty years and particularly so during the war, and met her frequently during the war and conversed with her frequently concerning the war. In her conversations with me she was violently opposed to the war and her sympathies were with the Union and opposed to secession, and was so regarded as being in favor of the Union by the citizens generally. I do not think that she ever contributed anything to the Union Government or the Union army other than to feed the soldiers, as it was all that she was able to do. I enlisted in the First Alabama Cavalry (Union) and while a soldier she furnished me meals on different occasions. I don’t think that she was ever in any way interested in Confederate bonds or that she was able in any way to support and contributed to the credit of the so-called Confederate states. I was informed that she had one son in the Rebel army, but that he was arrested and conscripted, but he afterward deserted and came home and joined the lay out party. If the cause of the Rebels had been successful and they had succeeded in establishing a separate government, I do not regard that she would have been regarded as a loyal woman to their cause on account of her known sentiments with the cause of the Union. [signed] Jonathan Barton

Gilford M. Barton, being called to prove loyalty of claimant (Celia Turner), being substituted for Aleas Cagle, after being duly sworn, deposes and says that he is 32 years of age, and resides in Winston County, Alabama and a farmer by occupation and a member of the 1st Alabama Cavalry, U.S.A. Affiant says he has known claimant for ten years and had frequently conversations with her about the war, in which she always spoke in favor of the old Union. Affiant lived about three miles from claimant, and says the public reputation of claimant was that of a Union woman by her loyal neighbors, and soldiers of the Union army and gave all the information she possessed to layouts and soldiers on detached service in relation to the Rebels. Affiant does not know that claimant was ever molested, or that she done anything for the Union soldiers other than feeding them, or that she ever owned Confederate bonds, or done anything to sustain the credit of the Confederacy. Claimant’s husband died in 1862, and was a Union man at the time of his death, and knows he was arrested on one occasion on account of his Union sentiments. [signed] G.M. Barton

Questions as to Property:

Celia Turner, being recalled, states that in reference to property that in March 1865, General Wilson’s Command camped within one half mile of my place and remained for one night and while there they took about seventy-five bushels of corn from my crib and smoke house valued at two dollars per bushel, also forty pounds of bacon from dwelling house, valued at twenty-five cents per pound, and about five hundred bundles of fodder weighing about two pounds to the bundle and valued at one dollar per hundred. I was present when the above property was taken—received no pay for it—nor did not make complaint to any officer. The property was removed on horses and taken off in the direction of their camps. Don’t know that the army was either short of rations or forage. I don’t know that the property was used by the army but reckon that it was or they would not have taken it. Don’t know that there was any necessity—or that it was taken by order. I had at the time from 30 to 35 acres principally cultivated in corn and would average about fifteen bushel per acre—worth about four dollars per acre—worth about the same now. [signed x her mark] Celia Turner

Matilda Cagle, being called to prove property, after being duly sworn doth depose and say that she is fifty-one years of age and a resident of Winston County, Alabama and single. In the spring, General Wilson’s Command was encamped near the place of the claimant and remained for one day and night, and while there Union soldiers took from the claimant corn from the crib, which was carried off on horses—don’t know the number of bushels, and don’t recollect the price of corn at the time. Saw them take fodder—don’t know amount or value of fodder per hundred pounds. The above was all the property I saw taken. I was on the place of claimant at the time of the taking of the property. Don’t know that there was any necessity for the taking of the property and don’t know whether there was any officers present when it was taken and don’t know whether it was taken by the order of officers. I don’t know to what was the property was applied. Don’t know whether claimant ever received any money for any of the property taken. Don’t know whether she ever received a voucher for it or not. [signed x her mark] Matilda Cagle

D. Greenberry Turner, [substituted for Aleas Cagle] being called to prove property of claimant, Celia Turner, after being duly sworn, deposes and says that he is 19 years of age and resides in Winston County, Alabama and a son of claimant. Affiant says he was present when the property was taken in 1865 by the command of General J.H. Wilson and says he saw corn, fodder and bacon taken, thinks there was about seventy-five bushels of corn in the shuck taken from the crib, and judges the amount from having made it and seeing it daily. There was two stacks of fodder taken and know there was 500 bundles from having stacked it, and putting 250 bundles to the stack. Does not know what fodder was worth at that time. The bacon was in the house, smoked, and know that they took two sides which would have weighed about twenty-five pounds and was worth 25 cents per pound. Affiant does not know whether an officer was present or not, but says it was carried off by the soldiers on their horses to camps about two miles from claimant and says the horses were fed on the place and the bacon tied to their saddles. No voucher was given, and none asked for. Affiant says the property was taken in the day time, openly. The army encamped one night in the neighborhood, and there was no battles in the neighborhood.

19 – Affiant believes it was taken for the use of the army, as he saw them using some of it.

20 – Do not know.

21 – Affiant so believes

22 – And thinks the Government ought to pay for what they took.

23 – Do not know.

Claimant owned 220 acres of land, and had in cultivation about 25 acres which would produce about 15 bushels per acre. Affiant says claimant never received any pay for property taken, in full or in part and never presented a claim before, against the Government. [signed x his mark] D. Greenberry Turner

Summary Report Remarks: It is not unusual for a widow when husband died during and sometimes after the war to present a claim for stores or supplies taken by the Union army alleging that she was the original owner when in fact the stores or supplies were the property of her husband’s estate. This commission does not always “stand upon the order of their coming” and are not disposed to turn away claimants for some technical defect in the manner in which the claim is presented or the parties who present it if substantial justice can be done. But when a widow presents a claim for property taken in 1865 from the estate of her husband who died in 1862 having a son in the Confederate army who was an heir and interested as owner or part owner of the property taken and submits proof only of her own her husband’s loyalty as does Mrs. Turner in this case, we cannot look with favor on the claim.

Mrs. Turner resided during the war in Winston County, Alabama. Her husband who was a farmer died in 1862. She had a son in the Rebel army. The property was taken from the estate in 1865. We think the son was directly interested and his loyalty not being proven, the claim is rejected.

Note: Celia Turner was married to James Foster Turner who was born in South Carolina about 1814. Celia Stedman Turner was born about 1825 in South Carolina and died about 1876 in Howell County, Missouri.


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