Ephraim Cagle's Claim

Submitted 23 Oct 1877

Warrant issued for payment 27 March 1879

Remarks: The claimant was only about 24 years old at the close of the war. Confederates tried to conscript him into their army. He was obliged to lie out in the woods to avoid them. He aided others who were lying out and carried them provisions. He had two brothers in the Union army, 1^st Alabama Regiment under Col. Spencer. The claimant names five whom he aided and to whom he carried provisions. None of them any relationship of his. The Rebels took clothing, corn, fodder &c. from him without pay. Two witnesses testify to his loyalty.

The horse and corn were taken by General Wilson on his raid in 1865.

We allow in all, one hundred and ten dollars.

[signed] A.O. Aldis, O. Ferriss, J.B. Howell, Commissioners of Claims

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

The petition of Ephraim Cagle respectfully represents: That he is a citizen of the United States and resides at present in Winston County, Alabama.

That he has a claim against the United States for property and provisions taken on or about the 24 or 25 day of March 1865 in Winston County, Alabama by order of General Wilson and used by the U.S. Army.

That all the items in the 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 by a soldier of the name of Johnson belonging to General Wilson’s command on their march south to Selma, Alabama and carried still south as report say but taking of your petitioners own knowledge.

That no voucher, receipt, or other writing was given therefore by the persons taking the same or offered and or received or taken by your petitioner therefore.

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

That Ephraim Cagle was the original owner of said claim, and that he 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 been presented to any department of the government for adjustment or to Congress.

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

Wherefore your petitioner prays for such action of your honorable commission in the premises, as may be deemed just and proper.

[signed] Ephraim Cagle, Witnesses: [signed] T.W. Fry and James A. Barton

State of Alabama, County of Winston: I, Ephraim Cagle, being duly sworn, deposes and says, that he is the petitioner named in the foregoing petition, and who signed the name; that the matters therein stated are true of 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 her husband 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, of to any officer, department, or adherent of the same, in support thereof, and that he never voluntarily accepted or exercised the functions of any officer whatsoever under, or yielded voluntary support to the said Confederate government. [signed] Ephraim Cagle, Witnesses: [signed] T.W. Fry and James A. Barton

Sworn to and subscribed in my presence, the 13^th 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:

Thomas Fry, Larissa Winston County, Alabama

William Y. Norris, Larissa, Winston County, Alabama

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

Elias Cagle, Larissa, Winston County, Alabama

Hiram Cagle, Larissa, Winston County, Alabama

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

I certify that W.H. Wilbanks, is an acting Justice of the Peace and is duly qualified and commissioned as such in and for said county. This May the 27^th, 1871. [signed] R.W. Swinney, Clerk of the Circuit Court, Winston County, Alabama.

Before the Commissioners of Claims, Under Act of Congress of March 3, 1871. In the matter of the Claim of Ephraim Cagle of Larissa, in the County of Winston and State of Alabama.

Comes now the Claimant before A.B. Hays, Esq., Special Commissioner for the State of Alabama, and represents that he has heretofore filed with the above named Commissioners a Petition 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 [left blank] 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: one sorrel mare, 14 hands high, 4 years old ($100); 10 bushels corn at $2 per bushel ($20); total: $120

That, as stated in the Petition referred to, the property in question was taken from or furnished by the petitioner, of Winston County, 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.

That the property was removed to the camps of the army and used for or by it for military purposes; all this on or about the 25^th 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: great distance and want of means to pay traveling expenses.

That, by the following named persons, the claimant expects to prove that, from the beginning of hostilities against the United Sates to the end thereof, his sympathies were constantly with the cause of the United states; that he never, of his own free will and record, 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:

Sylvester L. Cagle, of Littlesville, Alabama

Benjamin A. Cagle, of Littlesville, Alabama

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:

Lucinda Cagle, of Littlesville, Alabama

Sylvester L. Cagle, of Littlesville, 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 the said Claimant; and that the due notice of the time and place of the taking thereof be given to the Claimant, or to his counsel.

Submitted on this 12^th day of July 1877. [signed] Ephraim Cagle, Claimant, [signed] C.S. Bundy, Attorney.

Before the Commissioners of Claims, Washington, D.C. Claim of Ephraim Cagle of the County of Winston and State of Alabama, numbered 2171.

It is hereby certified that on the 15^th day of October 1877, at Houston in the County of Winston and State of Alabama came personally before me, for the purpose of a hearing in the above-entitled cause, the following persons, namely:

Ephraim Cagle, Claimant

Sylvester L. Cagle, Witness

Benjamin A. Cagle, Witness

Lucinda J. Cagle, Witness

Each and every deponent, previous to his or her examination, was properly and duly sworn or affirmed to tell the truth, the whole truth, and nothing but the truth concerning the matters under examination; the claimant’s witnesses were examined separately and apart from each other; the testimony of each deponent was written out by me in the presence of such deponent, who signed the same in my presence after having the deposition read aloud to such deponent, and the signature of such deponent was by me attested at the time it was affixed to the deposition.

Witness my hand and seal this 15^th day of October 1877. [signed] A.B. Hays, Special Commissioner.

1 – My name is Ephraim Cagle, age 35 years. I reside about ten miles east of Littlesville, Winston County, Alabama, have been at this place about two years. I have lived in this neighborhood constantly ever since I was born, my occupation is farming.

2 – I am the claimant and interested in the success of my claim.

3 – I was born in the neighborhood of where I live now.

4 – I was residing with my father in the neighborhood of where I now live for six months and more, before the outbreak of the rebellion. My business was farming, and my business from the beginning to the end of the war was farming whenever I had an opportunity to work, but the greater portion of my time I was keeping out of the way of the Rebels. I changed my residence when I married January 5, 1865, and moved to myself in the same neighborhood.

5 – My sympathies were on the Union side from the beginning to the end of the war.

6 – No.

7 – No.

8 – Yes. I carried provisions to Union soldiers who had gone from this country and came back in the neighborhood. They were James Herndon, Thomas Fry, Bird Norris, Jonathan Barton, Gilford M. Barton, and others. This was some time in 1864, I can’t remember the dates, in my neighborhood, I aided Union men, in many ways, carrying them provisions and other things in the woods at a great many different times during the war, none of the soldiers aided were of kin to me, some of the Union men I aided were my relations.

9 – Yes. I had two brothers in the Union army. They were in Company A of the 1^st Regiment of Alabama Federal Cavalry. George E. Spencer was Colonel of the Regiment. They both entered the service as well as I remember in January 1864 at Corinth, Mississippi. One of them, Enoch Cagle, died in May 1864, so I was informed. I think he died at Evansville, Indiana in the hospital. The other, Albert Cagle, served his time out and was discharged at Huntsville, Alabama, October 1865.

10 – No.

11 – No.

12 – I took the Union side, was not old enough then to vote.

13 – I did.

14 – My feelings were constantly in favor of the Union. I felt all right when the Rebels finally surrendered. I felt I was once more a free man, and was very glad that the Union army was victorious.

15 – James Herndon, Thomas Fry, Jonathan Barton, Gilford M. Barton, all Union soldiers were my particular friends during the war, and all the Union neighbors aided me by their kindness and neighborly favors at many times all along during the war.

16 – I taken what they called the amnesty oath, and the registration oath, all since the war. I don’t remember the dates, but just after the war.

17 – James Sutton, Hiram Cagle, Isaac Cagle, Sheriff Gregory, William Weatherford, Jonathan Barton, Gilford M. Barton, Loyd H. Cagle, J.J. Revis, Aleas Cagle, William Fry, Bird Norris, Benjamin A. Cagle, Sylvester L. Cagle, and many others. Benjamin A. Cagle and Sylvester L. Cagle are called to testify to my loyalty. A great many of the others have moved away. Those two witnesses were the only ones that I could conveniently get at this time.

18 – Yes. The Rebel cavalry taken my clothing provisions and other small things about the house. They damaged me mostly in the years 1863 and 1864. I cannot now remember the particular dates. Robert’s Rebel Cavalry at one time and Watley’s Cavalry at another time, did me most damage, taking my corn, fodder and provision. They also hunted for me each time they came. Several other squads of Rebel cavalry came hunting for me several times. I cannot recollect the many different times.

19 – Yes: In 1865 at Mr. Pugh’s in my neighborhood by a squad of Rebel cavalry. They had no cause, except to put me in the Rebel service. They kept me about an hour I guess. A gentleman by the name of Phillip Wilson begged them to release me, told them that I was a cripple and not able for service and they released me. I had a sore leg. I did not take any oath or give any bond for my release.

20 – Yes. They taken my corn, fodder and provisions in 1863 and 1864 at my house in Winston County, Alabama by Robert’s Cavalry and Watley’s Cavalry. I never received any pay for any of it, and never asked any.

21 – No. I was very poor and had but little.

22 – No, none whatever.

23 – None more than they tried very hard to catch me to put me in the Rebel army.

24 – No.

25 – No.

26 – No.

27 – No.

28 – No.

29 – No.

30 – No.

31 – No.

32 – No.

33 – No.

34 – No.

35 – No.

36 – No.

37 – No, I reckon not.

38 – No.

39 – I taken an oath after the war. They called it the amnesty oath. It was in my own neighborhood. I taken it because they said it was necessary in order to be allowed to vote. I took it as all others did, in my neighborhood, before one, Andrew J. Ingle, Registrar of Voters. I don’t remember the date; I believe it was in 1866.

40 – No

41 – No.

42 – No.

43 – No.

44 – No. I did not vote during the war.

45 – No.

46 – No, never.

47 – No.

48 – No.

50 – No.

51 – No. I could not get through the lines when I tried.

[signed] Ephraim Cagle. Attest: [signed] A.B. Hays, Special Commissioner.

1 – My name is Sylvester L. Cagle, age 21 years. I reside about seven miles east of Littlesville, Winston County, Alabama. I have resided in this neighborhood about five years, was born and raised about ten miles south of where I now reside. I am a farmer.

2 – I am a nephew of claimant, but not interested in the success of his claim, in any manner.

52 – In favor of Ephraim Cagle.

53 – I have known him intimately ever since I was a small child. I would say I can remember back at least fifteen or sixteen years clearly.

54 – Yes, within three miles during the whole period of the war.

55 – I was with claimant very often during the war. I have no idea of the number of times, but would suppose more than twenty-five times a year.

56 – I talked with claimant several times during the war. I cannot remember the particular dates, but it was very often. He always expressed himself in favor of the Union, and much opposed to the Rebels because he had to lay out from the Rebel conscript cavalry, to keep them from taking him to the Rebel army. I have heard him so express himself in presence of Hiram Cagle, Loyd H. Cagle, John Taylor, Benjamin A. Cagle and many other Union men. I suppose him being in favor of the Union cause, is why he always expressed himself in favor of the Union.

57 – The claimant, Ephraim Cagle, lay out from the Rebel authorities and cavalry during the whole war, and stated once to go to the Union army, but failed to get through, and so had to come back and continue lying out.

58 – No.

59 – I heard so much then that I cannot now remember it.

60 – The claimant was known as a constant and unchangeable Union man from the beginning to the end of the war. I know this to be so, by often being [some pages missing]

72 – Yes. I actually saw the mare taken.

73 – It was taken in the day time.

74 – I do not remember.

75 – I do not know.

76 – No, to all.

77 – The troops appeared to be on a march or raid going through the country, going south.

78 – I saw the sorrel mare taken. I did not see the corn taken. Ephraim Cagle had brought his mare to Hiram Cagle’s house from his own home when she was taken.

79 – The mare was a sorrel one, blaze face, flax mane and tail, four years old, about fourteen hands high, well broke and a good saddle nag. The mare was taken at my father’s house, Hiram Cagle’s. The mare at that time was worth about one hundred dollars in United States money. The mare was taken, as well as I remember in March 1865. I don’t remember the day of the month, by General Wilson’s troops. I do not remember the names of any of the officers. The claimant was standing at the fence in front of Hiram Cagle’s house and talking when the soldiers came, one of the soldiers taken the bridle out of the claimant’s hand, and put a saddle on the mare and rode her away and carried her on with the command. The soldiers only stopped a few minutes. I do not know how many soldiers were along, but I suppose there were at least three or four hundred. I did not know the officers from the soldiers. I don’t recollect what was said. I suppose the mare was necessary for the use of the army, and was authorized to be taken by the officers because they had several worn out horses unfit to ride. I know that claimant had some corn. I did not see it taken, but after the troops passed he had none, and he and his wife said the soldiers taken all the corn he had, on same day the mare was taken. [signed x his mark] Sylvester L. Cagle, Attest: [signed] A.B. Hays, Special Commissioner

1 – My name is Benjamin A. Cagle, age twenty-seven years; residence about eight miles south of Littlesville, Winston County, Alabama and have there resided ever since I was born. My occupation is farming.

2 – I suppose I am about third cousin to Ephraim Cagle the claimant. I am not interested in the success of his claim.

52 – In favor of Ephraim Cagle.

53 – I have known him ever since I was very small or as far back as I can recollect. I would say for about twenty-three years back.

54 – I lived about three and a half miles from him all through the war.

55 – I met him sometimes every day in a week, and some time it would be a week or two before seeing him again.

56 – Yes, several times. I cannot recollect the dates. It was a great many times at my father’s house (James Cagle). At Albert Cagle’s, at J.J. Reavis’, at his own home and several other places, and heard him talk almost every time I saw about the war in some way, often in the presence of Hiram Cagle, Benjamin Williams, J.J. Reavis, Aleas Cagle, and many others. Claimant had to lie out from the Rebels to keep out of the Confederate army, and his sympathy for the Union cause was the cause generally of such conversations. He said he was anxious to get through the lines and join the Union army. I heard him say a great many times that he was opposed to secession and hoped the Union cause would be victorious. He always expressed himself in favor of the Union cause and was greatly opposed to the Rebels.

57 – Yes. I know that he carried arms in favor of the Union cause, that is, to fight the Rebels if they should come on him. This was in 1864 in our settlement. His being harassed by the Rebels was the cause of it. I also know that he tried to get through the lines to join the Union army but could not succeed. The Rebels were after him a great many times, but he lay out and dodged them.

58 – No, nothing that he ever did or say.

59 – I have often heard Jackson J. Reavis, Hiram Cagle, James Cagle, Benjamin Williams, Thomas Walker, Moses Barton, Loyd H. Cagle, John Wilson, John C. Turner, Gilford M. Barton, and several others, say that they knew Ephraim Cagle, the claimant, to be a true and good Union man. I do not remember their particular words, or the particular dates of hearing them talk so, but at several times during the war.

60 – Claimant was known to be a strictly loyal man to the Union cause from the beginning to the end of the war—as much so as any man could be, and all his neighbors knew it.

61 – Loyd H. Cagle, James M. Wilson, Martin Lovett, Jonathan Barton, John Taylor, J.J. Reavis, Hiram Cagle, James Cagle, Benjamin Williams, Albert Cagle, William Norris, Aleas Cagle, Elijah Southerland, Thomas Fry, and many others, were known and prominent Union men of the neighborhood during the war, and they all could testify to claimant’s loyalty.

62 – Yes. I was too young to go into the army, but claimant knew that I often carried out provisions to Union men, and I warned him and others when the Rebel cavalry were in the neighborhood, so that they might escape them.

63 – Yes. I have heard the Rebels say at my father’s house that they intended to have claimant and several of the other Union men that was lying out. I know the Rebel cavalry hunted our country out several times, going through thickets, hills, hollows, &c. hunting claimant and others.

64 – Yes. All his acts and words were opposed to the Confederacy. He lay out and attempted to go through the lines to join the Union army, but failed. He was bitterly opposed to the Rebel cause from the beginning to the end of the war.

65 – I cannot remember anything more now, more than he was always anxious for the Union cause to come out victorious.

[signed] Benjamin A. Cagle, Attest: [signed] A.B. Hays, Special Commissioner

66 – I was the owner. I bought the mare, or rather I swapped another horse I owned for the mare a short time before she was taken. I raised the corn.

67 – The mare was taken from me at Hiram Cagle’s residence to where I had rode her about one mile from my house. The corn was taken out of a side room at my residence, on my father’s land. There was about three hundred and twenty acres of the land, about 80 acres cleared, balance woodland.

68 – No, never filed any petition in bankruptcy or been declared a bankrupt. [signed] Ephraim Cagle, Attest: [signed] A.B. Hays, Special Commissioner.

72 – Yes. I was present when the mare was taken and saw her taken. I was not at home and did not see the corn taken.

73 – The property was all taken in day time.

74 – No. I did not think it necessary to complain.

75 – No. I did not think it worthwhile to ask for any receipts as the soldiers or troops appeared to be hurrying on south.

76 – No, to all.

77 – The troops were on a march or raid south.

78 – I saw the mare taken, but not see the corn taken as I was absent from home and had left my wife alone, who did see the corn taken.

79 – It was a sorrel, blaze face mare, about fourteen hands high, flax mane and tale, well broke to plow, and a splendid riding animal. She was about four years old. The mare was taken from me at the house of Hiram Cagle about one mile from my residence. I had just ridden there. The mare at that time was worth at least one hundred dollars in United States money, and it is very doubtful if such an animal could have been bought then for a much larger sum. The property was taken in March. I do not remember now the day, in the year 1865 by General Wilson’s troops. I do not know any of the officers names. I was at Hiram Cagle’s house when the soldiers came along, and taken the mare. One of the soldiers then placed his own saddle and bridle on my mare and rode her on with the other troops. I do not know how many soldiers were along, but I suppose I saw about three hundred of them, all mounted. They had no wagons along. They only stopped a few minutes. They removed the property along with the corn and carried it on south. Some officers were along. I heard them called captains, lieutenants, &c but did not learn any of their names. They said they were obliged to have the mare and would take her. The mare was necessary for the use of the army because some of the horses were entirely broken down and useless, and I suppose was authorized by the officers as they appeared to be advancing south in good earnest to put down the rebellion.

The corn was shelled and put up in barrels for bread corn. It was good sound corn and all I had, except a bushel or so in my crib. It was in a side room of my dwelling house. There was about ten bushels of corn. I had measured it and put it away for bread. It was worth two dollars per bushel at that time in U.S. money. I had to pay two dollars per bushels for corn a few days afterward in green backs, and had to haul it home. The corn was taken same day the mare was taken some time in March 1865, as well as I remember, by General Wilson’s troops. My wife said they carried it off in sacks on horseback. I suppose about three hundred troops were passing when the corn was taken. I believe the taking of the corn was necessary for the use of the army, because feed was very scarce in our neighborhood.

[signed] Ephraim Cagle, Attest: [signed] A.B. Hays, Special Commissioner.

1 – Lucinda J. Cagle, age 28 years, residence about ten miles east of Littlesville Post Office, Winston County, Alabama and have been at this place over two years, have resided in the same neighborhood ever since the year 1863.

2 – I am claimant’s wife, and interested only so far, as I may probably receive a part of the benefits of the claim if ever collected.

72 – Yes. I saw the sorrel mare and also the corn taken.

73 – The property was taken in the day time, publically.

74 – I don’t remember that any complaint was made.

75 – None that I remember. I do not know why any were not asked for.

76 – No to all.

77 – The troops who taken the property were passing through the country, is all I know.

78 – Yes. I saw the sorrel mare, and ten bushels, or about ten bushels of corn, taken.

79 – It was a sorrel mare, blaze face, flax mane and tail, about fourteen hands high. I suppose about four years old, but do not remember for certain. The mare was taken at the residence of Hiram Cagle about a mile from claimant’s residence. The mare was in good condition for work and a real good saddle nag. The mare at that time was worth at least one hundred dollars in United States money. The mare was taken in March 1865, but I cannot remember the day of the month. The mare was taken by General Wilson’s troops, called Wilson’s Raid generally. The troops rode to where the mare was and one of them placed a saddle on her and then rode her away. I think there were about three hundred of the troops present and passing by where the mare was taken. The only stopped a very few minutes while taking the property. The troops carried the mare on with them but I do not know where to. I did not know the officers from the troops, but supposed officers were with them. I cannot recollect what was said about the taking of the mare by any of the troops, only some of them said their horses were rode down. I don’t know why the property was taken, only some of the horses belonging to the troops appeared to be rode down.

The corn was good, sound, shelled, and in barrels. It was at my husband’s house. There was ten bushels of the corn to the best of my knowledge and recollection. I do not know how it was estimated, but I remember that we then called it ten bushels, supposing it so from the bulk. I was good, sound corn, put up for bread. It was worth at that time two dollars per bushel in United States money, or at least we could not buy for less in good money. The corn was taken same day the mare was taken, sometime in March 1865. The corn was taken by same troops who taken the mare, General Wilson’s troops. I followed on after they taken the corn and saw them take the mare from my husband at Hiram Cagle’s house. The troops took the corn off in sacks on their horses. There were about three hundred of the troops passing. They carried the corn with tem and I suppose they fed it to their horses when they camped. I did not know the officers from the men. I do not remember what was said now, about the taking of the corn. I suppose the corn was necessary for the use of the army, as feed was extremely scarce in this country then. [signed x her mark] Lucinda J. Cagle, Attest: [signed] A.B. Hays, Special Commissioner

The United States to Ephraim Cagle: For the amount allowed him by Act of Congress, Private No. 183 approved March 3^rd, 1879, entitled "An Act making appropriations for the payment of claims reported allowed by the Commissioners of Claims under the Act of Congress of March 3, 1871:" one hundred and ten dollars ($110). Payable in case of C.S. Bundy, Washington, D.C. Treasury, Second Comptroller’s Office, March 19, 1879 [signed] William A. Saxton, Clerk. Treasury Department, Third Auditor’s Office, March 12, 1879 [signed] Fred Connell, Clerk.

Note: Ephraim Cagle and his witnesses’ testimony described him as a Winston County Union loyalist who lay out to avoid the Rebel conscription cavalry. In his application, he did not mention his service in the Confederate Mail Guard. Years later, he applied for a pension based on his service and it was approved by the State of Alabama and he collected it until his death in 1911. His wife collected a Confederate widow’s pension until she died in 1929.

His CSA monument in the Enon Missionary Baptist Church Cemetery recorded Ephraim N. Cagle was born 24 Sep 1842 and died 23 Sep 1911; his monument indicated Cagle was a Private in the 10^th Alabama Cavalry; Lucinda Cagle was born 1 Jun 1849 and died 28 Jul 1929.

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