Jonathan Barton's Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Jonathan Barton (2167) Approved

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

5 horses

$750

$375

$375

450 pounds pork

$45

$30

$15

Rations to detachment

$100

$30

$15

One mare

$150

$100

$50

250 bushels corn

$500

$250

$250

4000 pounds fodder

$40

$40

 

2000 pounds bacon

$500

$300

$200

100 pounds lard

$25

$15

$10

One barrel meal

$5

 

$5

One barrel flour

$10

$10

 

30 gallons syrup

$30

 

$30

10 bushels sweet potatoes

$10

$7.50

$2.50

50 pounds pork

$55

$30

$25

15 bushels peas

$15

$15

 

50 pounds honey

$12.50

 

$12.50

Totals

$2247.50

$1202.50

$1045

 

Remarks: At the beginning of the war, claimant was a man past 30 years and a well-to-do farmer near Larissa in North Alabama. He talked and voted against secession and had a universal reputation as a Union man. In the earlier part of the war, he did the only thing that a loyal man in his neighborhood could do—harbor and pass along Union men who were making their way to the Federal lines. He was much abused and threatened by the Confederates, civil and military, and was often a refugee from his home. Much property belonging to him was also taken and destroyed because of his position as a loyalist. When Spencer organized the First Alabama Federal Cavalry in 1863, claimant made his way, with four brothers and three brothers-in-law, to the rendezvous and became a sergeant and served one year till honorably discharged. We have made much inquiry into this claim and all the evidence and information we have received to the effect that claimant was a true and notorious Union man from the beginning of secession to the end of the war.

This claim has been greatly delayed and obstructed by charges made by two men named Ward to the effect that the claim was fictitious and that the claimant had very little property anyway. But our inquiries have shown that in consequence of a quarrel between the younger members of the Barton and Ward families some years ago, in which the elders became involved, the Wards are bitterly hostile to claimant. One of them appears to be of doubtful character, and the many reputable persons whose names they made us of without authority have repudiated them and their charges and the result has been to greatly strengthen the proofs as to the claim generally and the leading items in detail.

After claimant joined the regiment, he was invited by the quartermaster to procure horses for it and was promised a voucher for each horse accepted at its value. He bought five horses at prices from $25 to $40 from various Union men going North, who wanted money and not vouchers, and so preferred to sell to him rather than the quartermaster. Movements of the regiment prevented the giving of vouchers at the time; then claimant fell sick and was sent to hospital at Nashville, and when he returned to duty he found that Quartermaster Gray had resigned and gone away and the new quartermaster was unwilling to charge himself with responsibility for the five horses by issuing vouchers for them. But the proof of their furnishing is positive, and we allow $75 each for them, which is probably below their value, but as much as we feel safe in giving upon our present knowledge. Item 2 was furnished to a detachment of claimant’s own company out on service and in need of the supply. We made same allowance on item 3 because Captain Hinds, of claimant’s regiment, testifies that he himself was in command of a recruiting party of about 100 men which was entirely supported for from three to four days by provisions furnished and cooked at claimant’s house, and because cooked rations are regular supplies in the schedule of the commissary department. The remaining items were all taken by General Wilson’s cavalry in the closing days of the war, after claimant had gotten home again, and vouchers were promised him by General Wilson’s quartermaster, but the moving off of the command prevented. We allow for such articles in such quantities and at such prices as are proper, though, no doubt, the loss to the claimant was greater than our award. We allow $1202.50

[signed] A.O. Aldis, O. Farriss, Commissioners of Claims

 

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

The petition of Jonathan Barton respectfully represents: that he is a citizen of the United States and resides at present: Winston County, Alabama.

That he has a claim against the United States for property turned over to quartermaster and taken by order of General Wilson and other commanding officers 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 your petitioner for the use of and were used by the United States army to viz: the provisions last stated were taken by General Wilson’s men and mare near the residence of the petitioner on the 25th day of March 1865 and 5 head of horses which said petitioner furnished to the quartermaster Gray at Camp Davis, Mississippi on or about the 15th day of February 1864 and part of the same property returned was [rest missing].

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

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

That he was the original owner of said claim, and that he 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 and furnishing of the property for which this claim is made.

That said claim has not been presented to any Department or Congress.

That Stilson, Bundy & Webster, of Washington, D.C., are hereby authorized and empowered to act as 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] Jonathan Barton. Witnesses: [signed] A.J. Ingle and F.C. Harris

 

State of Alabama, County of Winston: Jonathan Barton being duly sworn deposes and says, that he 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 he believes them to be true; and deponent further says that he 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 he never voluntarily accepted or exercised the functions of any office whatsoever under, or yielded voluntary support to, the said Confederate government. Witnesses: [signed] Jonathan Barton. Witnesses: [signed] A.J. Ingle and F.C. Harris

Sworn to 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:

William Y. Norris, Larissa, Winston County, Alabama

Jesse D. Hyde, Larissa, Winston County, Alabama

 

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

William Y. Norris, Larissa, Winston County, Alabama

Frances C. Harris, Larissa, Winston County, Alabama

 

As the nearest Commissioner to this claimant resides at Holly Grove, Walker County and the witnesses to be examined in rebuttal are numerous, application here hereby made for the appointment of A.B. Hays, Esq., Judge of Probate to take the rebutting testimony. Judge Hays resides at Houston, the county seat of Winston County and I understand that he is a competent and suitable person. [signed] Jonathan Barton, Claimant, by C.S. Bundy, attorney in fact. Washington, April 16th, 1877.

 

That the following are the names of the witnesses, their respective places of residences, the points most convenient for the taking of their testimony, and separate, full and detailed statements of what each particular witness is expected to prove; all matters of time, place and circumstance being set forth as explicitly as is possible:

By William Y. Norris, at Larissa in the County of Winston and State of Alabama the Claimant expects to prove that he well knew the 5 head of horses furnished by claimant to QM Grey of the 1st Alabama Cavalry on or about the 1st day of February 1864. That he was present and an eye-witness of the fact, that they were so furnished for the use of said regiment and were actually taken and put into the service of said regiment. That said horses were well worth $150 each, and the whole were worth $750. By the same witness he expects to prove that he well knew that during the years 1863-4 claimant was constantly feeding detachments of U.S. soldiers who were stationed near his residence, and who were not provided with rations from their commanding officers and that he thinks $100 (the amount charged therefore), a small compensation for the amount of subsistence actually furnished said men during these years.

By Frances C. Harris of the same place, he expects to prove substantially the same facts as by the last witness as above stated, and also that he knew that claimant had laid in for his family supplies in the spring of 1865, a large lot of corn, fodder, bacon, lard, meal, flour, syrup, sweet potatoes, pork and peas, and that he had them on his farm. When the army passed through that place in March 1865, that he well knew that detachments of General Wilson’s command went onto his premises on the 24th and 25th days of March 1865, and took therefrom a great quantity of said supplies. That when they had passed, all of said supplies had disappeared, and were gone.

By William Y. Norris and Jesse D. Hyde of the same place, he expects to prove that petitioner was loyal to the Union and Government of the United States, both before, during and since the late war. That he served as a soldier in the 1st Alabama Cavalry for a period of twelve months and was honorably discharged at the close of the war.

The claimant now prays that the testimony of the witnesses just designated be taken and recorded, at or near the places named, before such person or persons, and in such manner as the Commissioners may direct, at the reasonable cost of said Claimant; and that the persons so directed to take and record such testimony be required to give due notice of the time and place of the taking thereof to the Claimant, or to his second.

Submitted to the Commissioner of Claims under the Act of Congress of March 3, 1871, on this 7th day of August 1871. [signed] Jonathan Barton, Claimant. Stilson, Bundy & Webster, Attorneys.

 

Claim of Jonathan Barton of the County of Winston and State of Alabama, numbered 2167.

It is hereby certified that on the 26th day of May 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: Jonathan Barton, Claimant. John N. Baughn, Francis C. Harris and Gilford M. Barton, Witnesses.

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 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 26th day of May 1877. [signed] A.B. Hays, Special Commissioner.

 

Jonathan Barton, the claimant being first examined as a witness for himself:

1 – My name is Jonathan Barton, age forty-six years on 26th December last 1876, residence Larissa, Winston County, Alabama, resided there twenty years, occupation farmer.

2 – I am the claimant.

3 – I was born in Hall County, State of Georgia

4 – I was residing at my present place in Winston County, Alabama. My business was farming until I enlisted in the Union Army. I did not change my residence at all, but returned home after my discharge from the service to my original business.

5 – My sympathies were on the Union side from the beginning to the end of the war, and are so yet.

6 – No.

7 – Yes.

8 – Yes. Served twelve months as a soldier, passing back and forth several times from the Union army to this county (Winston, Alabama) on recruiting service under Captain Hinds and Lieutenant George Emerick.

9 – Yes, four brothers and three brothers-in-law all in Company L, 1st Regiment Alabama Cavalry Volunteers: James A. Barton, William H. Barton, and Madison M. Barton and Guilford M. Barton; brothers-in-law, F.C. Harris, Jesse D. Hyde and Thomas H. Blackstock, all entered service, except Jesse D. Hyde at Glendale, Mississippi in Fall of 1863. Jesse D. Hyde entered the service some time afterwards, don’t recollect the time. William H. Barton and Thomas H. Blackstock were captured at Jones’ Crossroads, Mississippi in winter of 1863 and died in prison at Andersonville, Georgia. All the others, except Jesse D. Hyde, were discharged at Nashville, Tennessee September 28th, 1864; Jesse D. Hyde was discharged some time afterwards, don’t remember date.

10 – Yes, was a Sergeant in Company L, 1st Regiment Alabama Cavalry Volunteers. Sanford Trammel was Captain at first, until promoted to Major, then Captain Edwards commanded the Company. George E. Spencer was Colonel of the Regiment. I served twelve months, the time for which I enlisted, and was honorably discharged.

11 – Nothing more than the property for which pay is claimed. I contributed my services for the Union cause before enlisting by getting recruits to enlist with me.

12 – I took the Union side and said and done all I could against secession, voted against secession.

13 – I adhered to the Union cause.

14 – I was anxious for the Union, always proud of Union victories and glad indeed when the Confederates made a final surrender.

15 – I received favors as a soldier in the Union army and my home was furnished with a guard when General Wilson’s raid went by it in Spring of 1865.

16 – No, have had no occasion to do so.

17 – Hiram Hanes, Harrison Sims, Ed. Guthrie, Willis Barton, John Taylor, and many others, some of them have heretofore testified to my loyalty.

18 – Yes, was threatened, shot at and molested by the Rebel soldiers on account of my Union principles or sentiments. They burned my still, took one mare, two mules and a buggy, knocked the heads out of my whisky barrels after taking what they wanted, and turned out the balance. They threatened to kill me and burn my dwelling if I did not come in and give up to them.

19 – No.

20 – Yes, a mare and two mules, buggy and provisions taken by force by the Rebels, during the war at different times, still house burned, mare and two mules, and buggy taken by the Rebels on 15th March 1863 at my home in Winston County, Alabama. Lieutenant May was in command of the Rebel soldiers who did this.

21 – Nothing more than the property before mentioned. The Rebels never released or made me any compensation for the property taken by them.

22 – No, never.

23 – None, whatever.

24 – No, never.

25 – No.

26 – No, never was in any rebel service.

27 – No, nothing of the sort.

28 – No.

29 – No.

30 – No, none whatever.

31 – No.

32 – No.

33 – No.

34 – Never did.

35 – Never received any.

36 – I don’t know. I heard that I had an uncle named William Barton, and an uncle named Jonathan Martin who were in the Rebel service in the State of Georgia, and also some cousins. Never aided or saw them while they were in Rebel service, nor since.

37 – No.

38 – No, never had anything to do with the rebellion.

39 – I taken the oath of allegiance to the United States when I joined the Union army, September 25, 1863, and have taken the registration oath in this State since the war, in order to be allowed to vote. I do not remember date.

40 – No.

41 – No, never was arrested.

42 – No.

43 – No.

44 – Never voted but once after Presidential election of 1860 and that vote was for the Union.

45 – No.

46 – No, never was in it, never had any substitute in Rebel army. I kept out of the Rebel army by hiding in the woods until I joined the Union army.

47 – No, nothing of the kind.

48 – No.

49 – No.

50 – No.

51 – Yes, a Sergeant in Company L, 1st Regiment Alabama Cavalry Volunteers from 25th September 1863 to 28th September 1864. I joined the army at Glendale, Mississippi in said Regiment under command of Colonel George E. Spencer. I left service the 28th day of September 1864, being discharged. I cannot produce discharge now, not having it present.

66 – I was owner. I bought and paid for the horses and mules; the produce, I raised on my farm in Winston County, Alabama.

67 – My farm is and was then in Winston County, Alabama; contains about one hundred and sixty acres of land, about forty acres was cultivated, about one hundred and twenty acres woodland. No waste land.

68 – Have never filed a petition in bankruptcy or been declared bankrupt.

72 – Yes, and actually saw a part of it taken. The five head of horses I turned over myself to Quartermaster Gray at Camp Davis, Mississippi in latter part of 1863 to best of my recollection.

73 – The property was all taken in daytime, except three barrels of corn, sitting at back end of my house which was taken after night came. None of the property was taken secretly, but by the orders of the officers to best of my knowledge.

74 – Yes, Quartermaster Gray, whose rank was a Lieutenant to best of my knowledge, he was Quartermaster of the 1st Regiment Alabama Cavalry Volunteers. I turned over the five head of horses to him which I valued at seven hundred and fifty dollars, and asked him for a voucher for them. He agreed to give me a voucher, but owing to the moving of our troops he neglected to do so, and left the regiment at a time when I was sick in hospital at Nashville, Tennessee. Complaint was made to General Wilson for all other property taken, and he sent me to Quartermaster of his command, who promised me the necessary vouchers, but in the hurry of the army he failed do to so.

75 – Vouchers were asked for but not received. I asked for them. Quartermaster Gray of the 1st Regiment Alabama Cavalry volunteers was asked to give the vouchers and he promised at several different times to give the vouchers for the horses turned over to him, but through negligence failed to give me the vouchers. Nearly all the other property in my claim was taken by General Wilson’s command. I made complaint to General Wilson who sent me to his Quartermaster. His Quartermaster promised and said he would give me vouchers, but was in such hurry in moving on that he failed to do so.

76 – No payment has been made for any property charged in this claim. No payment has been made for property taken at the same time as charged in this claim, and no payment has been made for property taken from me at any time during the war. No property of mine has been included in any claim heretofore presented in any way to any authority whatever.

77 – The five horses were turned over to Quartermaster Gray as before stated. The four hundred and fifty pounds of pork and rations was furnished to soldiers on detached service under Captain J.J. Hinds and Lieutenant George Emerick while they were camped at and in the vicinity of my home in Winston County, Alabama, and while scouting and on a recruiting expedition. All the other property charged in my claim was taken by General Wilson’s command while camped for the night in the vicinity and on a raid and expedition southward.

78 – Yes. I turned over five head of horses to QM Gray of the 1st Alabama Cavalry volunteers and saw him take them in charge. I furnished the pork and rations to U.S. soldiers on detached service. Roan mare, corn, fodder, bacon, lard, meal, flour, syrup, potatoes, pork, peas and honey was taken by General Wilson’s command.

79 – The five horses turned over to Quartermaster Gray would average from five to seven years of age, in height from fourteen to fifteen hands high. They were turned over at Camp Davis, Mississippi; the horses of good quality, good saddle horses, and were used in the regiment as cavalry horses. They were at that time worth one hundred and fifty dollars each in United States money to the best of my knowledge. The horses were turned over to Quartermaster Gray in November 1863 to best of my recollection. The horses was turned over and used in 1st Regiment Alabama Cavalry Volunteers commanded by Colonel George E. Spencer. I taken the horses from my own home voluntarily and turned them over as I have said before, with expectation of receiving some pay at some time, and to prevent them Rebels from taking them and using them against the Union army. Captain J.J. Hinds and Lieutenant George Emerick were with me when I carried my horses and turned them over. Captain Hinds and Lieutenant Emerick advised me that it would be best to turn over the horses, to keep the Rebels from getting them and that I would receive pay some day for them. I know my horses were of great necessity and use to the army as many soldiers and recruits were without horses, and horses were greatly needed there then.

The four hundred and fifty pounds of pork was from fat hogs furnished by me at my residence in Winston County, Alabama. The quantity was four hundred and fifty pounds, which was ascertained by weighing. The pork was worth at that time forty-five dollars, to best of my knowledge, in United States money. This pork was furnished about latter part of December 1863 or first January 1864, and was used for a detachment of the 1st Alabama Cavalry Volunteers under Lieutenant George Emerick. The pork was carried to the camp in the vicinity and there used. Lieutenant George Emerick of my own regiment was present. The taking or furnishing of the pork was authorized by Lieutenant George Emerick, and was necessary for the soldiers as they were not in reach of the Government supplies.

The rations furnished for which one hundred dollars is claimed, was furnished to detachments of the 1st Alabama Cavalry Volunteers in my presence at different times, and consisted in bread, meat and other eatables, mostly cooked by my wife, at my residence in Winston County, Alabama. Hardly know the quantity, but it was for twenty-five to thirty men and some times as many as forty men at a time. These rations were furnished at different times to those detachments and for from three or four days to ten days at a time. These rations were furnished at about five different times. Then rations were worth one hundred dollars in United States money, and was furnished at different times from first part of September 1863 to about March 1864; was furnished to detachments of the 1st Alabama Cavalry Volunteers. The rations were actually used by the said detachments and were necessary as they could get no other rations conveniently at the time.

The roan mare taken by General Wilson’s command was in good condition for service, was a good qualified animal, about 14 hands high, six years old, and was worth at that time one hundred and fifty dollars in United States money, and was taken by General Wilson’s command about 24th day of March 1865. I don’t know names of any of the officers in General Wilson’s command. The soldiers taken my mare from her stable and rode her off. A great many of the soldiers were at my house and about the premises. They moved the property southward. I don’t know how long they kept the mare. I never saw the mare again. A captain was present at the taking of the mare. I asked him to have my mare left with me, he replied that the soldiers were compelled to have horses to ride. I knew him to be a captain from his dress and the authority he exercised among the soldiers. I believe the property was authorized to be taken by the proper officers, from the fact they were on a raid south, horses giving out all along and fresh ones had to be taken from citizens and for this reason the mare was for the necessary use of General Wilson’s army.

The condition of the corn was that about two hundred bushels of it was husked and in my crib; about fifty bushels of it was shelled and in barrels and boxes, some of it in my house. Three barrels of it at back end of my house. It was all at my residence in Winston County, Alabama, about two hundred and fifty bushels. I know the quantity by knowing the size of my crib, which had been gauged and formed to hold 300 bushels. The crib was at least two-thirds full, and they taken all the corn in it. The other fifty bushels I had measured when put into the barrels and boxes. It was good sound corn, was worth at that time two dollars per bushel in United States money, and could not be bought for less price here. This corn was taken from me about the 24th of March 1865. The corn was taken by General Wilson’s command. The troops put the corn in sacks and carried it and fed their horses and used it up about my premises and in the vicinity. A captain ordered the soldiers to take the corn. I suppose they could get nothing else to feed their horses on.

Four thousand pounds fodder in good condition in stacks and some in stable loft. I know that there was fully four thousand pounds of it by the size of the binds; was worth forty dollars in United States money. Bacon hanging, and boxed, in my meat house at my residence, the quantity of the bacon was (2000) two thousand pounds. I had weighed the hogs, from which I estimate the amount of bacon. The bacon was good and was worth at that time five hundred dollars in United States money.

Lard at my place, in my meat house, at my residence, quantity (100) one hundred pounds. My wife so estimated it. It was good lard and worth twenty-five dollars in United States money.

Meal taken from my cook room at my residence; the quantity was an ordinary flour barrel full. It was good corn meal and worth at least five dollars in United States money.

Flour taken from my cook room at my residence; the quantity was the ordinary flour barrel full, good flour, worth at least ten dollars in United States money at that time.

Syrup taken out of my meat house at my residence; quantity thirty gallons, measured syrup, worth at that time thirty dollars in United States money.

Sweet potatoes, taken from my cellar at my residence; quantity ten bushels, the potatoes were measured and put in the cellar, and were worth ten dollars in United States money at that time.

Pork, taken on my premises; the soldiers killed, cleaned, cooked and eat six fat shoats or hogs at my residence. The shoats were supposed by myself and neighbors to weigh something near one hundred pounds each, and was worth at that time fifty-five dollars in United States money.

Peas, taken from my meat house where they were stored in barrels, quantity fifteen bushels, had been measured, and were worth at that time fifteen dollars in United States money.

Honey, taken out of my bee stands at my residence, quantity about 25 pounds or more, so supposed to be; worth twelve dollars in United States money, all of the above mentioned property except as stated, was taken by General Wilson’s command on or about the 24th day of March 1865. I know no names of officers that were in the command except General Wilson. The property was taken by orders of the officers, and was used by the soldiers there. The command camped all about my premises and in the vicinity for only one night, about the 24th of March 1865, then moved onward south. Some officers were present. I knew them by their uniforms and dress. They said that they were obliged to take my property for the use of the army. I don’t know the names of officers. I believe the property taken was actually needed by the soldiers as they were on a raid and out of reach of Government rations and necessaries. [signed] Jonathan Barton. Attest: A.B. Hays, Special Commissioner.

 

John N. Baughn, being examined.

1 – John N. Baughn, age 38 years, Winston County, Alabama; Larissa P.O. as residence. Occupation a farmer.

2 – Not related to claimant and have no interest in the success of the claim.

52 – I am here to testify in favor of Jonathan Barton, the claimant.

53 – I have known Jonathan Barton, the claimant for about eighteen years, intimately for the whole time.

54 – I lived within about four miles of him during the war, and before and since the war.

55 – I met him often and served in the same Company and Regiment in the Union army with him in the war.

56 – I talked often with claimant at the beginning and during the war. He always opposed the war. The war itself was the cause of our conversations and we enlisted at the same time in the Union army.

57 – Yes, he served as a soldier in the Union army, fed Union soldiers, and other Union men who were trying to keep out of the Rebel army, at various times during the war.

58 – No, nothing.

59 – I have heard men say that he was a Union man, during the war and all the time.

60 – His public reputation was that of a loyal Union man. I know it from being with him a great part of the time. Jesse D. Hyde, James H. Canada, A.J. Ingle, F.C. Harris and many others know that he was a Union man and soldier.

61 – Jesse D. Hyde, Andrew J. Ingle, Hiram Hanes, Henry Weaver, Euich Holt, and many others.

62 – Yes, the claimant knew it. We were soldiers together in the Union army.

63 – Yes. The rebels threatened him, and destroyed his property. They burned his still house, taken a great deal of his property, can’t remember all about it now.

64 – Yes, he served in the Union army and fought against the Rebels.

65 – I knew he was a Union man and Union soldier, and all the time opposed the Rebels and Confederacy as I have before said.

[signed x his mark] John N. Baughn. Attest: [signed] A.B. Hays, Special Commissioner.

 

Francis C. Harris, being examined.

1 – Francis C. Harris, age 50 years, residence Winston County, Alabama, Larissa Post Office, for about eighteen years, occupation farmer.

2 – Brother-in-law to claimant, Jonathan Barton. I am not interested in the success of the claim.

52 – In favor of Jonathan Barton, claimant.

53 – I have known Jonathan Barton intimately for about forty years.

54 – I lived near him during the war, about a mile or a mile and a quarter, and also same distance before and since the war.

55 – I was with him nearly constantly during the war from the beginning to ending of the war.

56 – I have often conversed with him about the war. We agreed to join the Union army together and did so in September, 25th day, 1863.

57 – Yes, he volunteered his services in the Union army September 25, 1863, and he furnished soldiers and other Union men with rations and something to eat, both before and after he joined the Union army, at his home in Winston County, Alabama.

58 – No, none.

59 – He has been for the Union all the time, never heard of his doing anything against it.

60 – The claimant was notoriously loyal to the United States. Ed. Guthrie, Andrew J. Ingle, Hiram Hanes, William Baughn, and many other leading Union men can testify to his loyalty.

61 – John Taylor, Loyd H. Cagle, Charles A. Taylor, Willis Barton, J.D. Hyde, William Stokes, and many others could testify to his loyalty.

62 – Yes, claimant knew me to be such, by hearing me often declare in favor of the Union and also by being a soldier in same company with him, in 1st Alabama Cavalry Volunteers.

63 – Yes, the Rebels threatened to burn him out and did burn his still house, took his whisky what they wanted and poured out the balance. The Rebels took from claimant a mare, two mules, a good buggy and other plunder, and used and destroyed his meat and corn, and tried to kill him by shooting at him. I was in hearing of the guns when they were firing at him.

64 – Yes, his sympathies for the Union and by feeding Union men and soldiers.

65 – I knew he done all he could for the Union cause. He piloted men through to the Union lines, done all he could in recruiting the Union army with good and true soldiers.

[signed] Francis C. Harris. Attest: [signed] A.B. Hays, Special Commissioner.

 

Gilford M. Barton, being examined.

1 – Gilford M. Barton, age 37 years, residence in Winston County, Alabama; Larissa Post Office, have resided in Winston County for past eighteen (18) years; occupation, farmer.

2 – I am a brother of the claimant. I am not in any way interested in his claim.

52 – In favor of Jonathan Barton, the claimant.

53 – All my life intimately.

54 – I lived near him during the war, ¾ miles distance.

55 – I was with him almost constantly.

56 – He always expressed himself in favor of the Union. We were soldiers together in the same company and regiment.

57 – Yes, he fought as a soldier for the union.

58 – No.

59 – He was for the Union and did nothing against it.

60 – Was always loyal to the Union. Hiram Hanes, James H. Canada, Edwin Guthrie, and many others could testify to his public reputation.

61 – James H. Canada, Edwin Guthrie, Hiram Hanes, Willis Barton, John Taylor, and a number of other union men in the neighborhood could testify to claimant’s loyalty.

62 – Yes, claimant knew it by being in the army with me.

63 – Yes, the Rebels burned his distillery, took and made way with his whisky, threatened to burn his dwelling, shot at him several times. They shot at me at same time or about it; took from claimant a buggy and fine mare and two mules, and a great deal of corn and meat.

64 – Yes, he done all he could against the Confederacy. He fed soldiers and Union men and conveyed them through the lines to the Union army, and joined the Union army himself and fought the Rebels until he was discharged from service.

65 – Claimant was a union man from the beginning to the close of the war and all along expressed his sentiments for the Union.

[signed x his mark] Gilford M. Barton. Attest: [signed] A.B. Hays, Special Commissioner.

 

John N. Baughn, being examined.

72 – I saw some of the horses turned over by claimant to Quartermaster Gray of the 1st Alabama Cavalry Volunteers at Camp Davis, Mississippi. I think it was in November 1863 that claimant turned over the horses to Quartermaster Gray. I saw claimant deliver two or three of the horses, I am not sure which, to said Quartermaster. I did not see any other property taken from claimant. I was with him when he was trying to get his roan mare back from General Wilson’s command.

73 – My understanding is that his property was taken publicly in day time.

74 – My understanding was that Quartermaster Gray was to give him vouchers for the horses turned over to him.

75 – That his understanding was that Quartermaster gray neglected to give claimant the vouchers for horses, until claimant was taken sick and sent to hospital at Nashville, Tennessee, when claimant returned to the regiment. Quartermaster Gray had quitted and left the regiment and don’t think claimant ever received any vouchers.

76 – No, none that I know of.

77 – The horses were turned over to Quartermaster Gray at Camp Davis, Mississippi. Claimant furnished rations to soldiers in my presence, while they were on detached service in the vicinity of said Jonathan Barton’s home in Winston County, Alabama. My understanding is that the roan mare and other property claimed by Jonathan Barton, the claimant, was taken by General Wilson’s command while on a raid south.

78 – I did not personally see any of claimant’s property taken, except two or three horses turned over to Quartermaster Gray.

79 – They were common horses in good condition. It was at Camp Davis, Mississippi in November 1863 to best recollection. I do not know what they were worth, but as much as common horses, at that time. The horses were received by Quartermaster Gray, and to best of my recollection, used in the regiment as cavalry horses. The horses were needed for the use of the regiment, several soldiers being without horses.

Witness further states that he is personally and well acquainted with William Y. Norris, James M. Barton, R.L. Guthrie, Mrs. Elizabeth Guthrie, Mrs. Martha E. Sims, Thomas I. Sims and Hiram Hanes, who he understands have heretofore been witnesses in the claim case of said Jonathan Barton, and says that they and each of them are highly esteemed and respected in their neighborhood, and for truth and veracity they stand as high as any other citizens.

[signed x his mark] John N. Baughn. Attest: [signed] A.B. Hays, Special Commissioner.

 

Francis C. Harris, being examined.

72 – Yes, I saw claimant bring his five horses and knew them to be his horses. I saw him turn over two of them at one time to Quartermaster Gray of the 1st Alabama Cavalry regiment Volunteers at Camp Davis, Mississippi, and it was said and understood there that said Barton turned over to same Quartermaster the other three horses at same place and same date. I cannot recollect date. I was with detachments of the 1st Alabama Cavalry Volunteers on recruiting expeditions some four or five times or more when claimant furnished them with rations and feed. I was not present when General Wilson’s soldiers taken his property, but was at claimant’s just before and after, next day after they were there. I know he had the property claimed, before the troops came along, and when I was there on the next day it was gone. I am confident the soldiers got it.

74 – I heard Quartermaster Gray tell Jonathan Barton, the claimant, that he would give him a voucher for his horses, and I particularly remember that I heard him promise a voucher for the two horses I saw turned over at the time they were turned over, but he neglected to give claimant any voucher, a very short time after this, claimant was taken sick and sent to hospital at Nashville, Tennessee. During claimant’s absence, Quartermaster Gray left the regiment, and claimant did not get his vouchers.

75 – Vouchers were asked for from Quartermaster Gray as before said, but I saw none given. It was through Quartermaster Gray’s negligence, to best of my knowledge, that the vouchers were not given, or his carelessness.

76 – No, nothing of the sort as I know of.

77 – The five horses were brought through the lines and turned over to Quartermaster Gray, as before stated, the pork and rations furnished were furnished by claimant at his home to the detached soldiers as aforesaid, the soldiers being there in vicinity. The roan mare, corn, bacon, and other property was taken by General Wilson’s troops on a raid south.

78 – I was not present when any of the property was taken. I only saw the five horses brought in to Camp Davis, Mississippi where our regiment was stationed.

79 – The five horses appeared to be in very good work order. They were medium sized horses. This was at Camp Davis, Mississippi. I don’t know what the horses were worth, but think they were worth a hundred dollars each in United States money, to the best of my recollection. The five horses were all kept in the regiment and used as cavalry horses. I know the horses were necessary for the use of the army as many of the men were then without horses.

Witness further states that he is well acquainted with William Y. Norris, James A. Barton, R.L. Guthrie, Elizabeth Guthrie, Martha E. Sims, Thomas I. Sims, and Hiram Hanes, said to have been witnesses heretofore in this claim, and knows them to be persons of undoubted good character, truth and veracity.

[signed] Francis C. Harris. Attest: [signed] A.B. Hays, Special Commissioner.

 

Gilford M. Barton, being examined.

72 – No, but saw claimant turn over two of his horses to Quartermaster Gray of the 1st Alabama Cavalry Volunteers at Camp Davis, Mississippi.

75 – I heard Jonathan Barton ask for vouchers and Quartermaster Gray promised to, and said he would give him vouchers for five head of horses, but failed through negligence or carelessness to give the vouchers.

76 – No, I have never heard of any.

77 – The five horses were carried by claimant to Camp Davis, Mississippi, and used as cavalry horses for the 1st Alabama Cavalry Volunteers. I was present one time and saw claimant furnish a detachment of the 1st Alabama Cavalry with provisions and horse feed.

78 – I saw the five head of horses brought into camps at Camp Davis, Mississippi, and saw two of them turned over by claimant as aforesaid. The five horses belonged to Jonathan Barton, the claimant. I did not see any of his other property taken.

79 – The horses brought into camp by claimant were five in number, tolerably large, the most of them; were in good order; worth a hundred dollars or more each, in United States money. I think the horses were brought in by claimant in January 1864 to best of my knowledge and recollection, and were used as cavalry horses in the 1st Alabama Cavalry Volunteers. These horses were of great use and benefit to our said regiment as many of the soldiers had no horses.

[signed x his mark] Gilford M. Barton. Attest: [signed] A.B. Hays, Special Commissioner.

 

I heard witness F.C. Harris say aside that claimant Jonathan Barton ought of right to have his pay as the property claimed was Mr. Barton’s and the Government used it mostly during the time said Barton was in the service of the United States as a soldier.

The claimants are all to my certain knowledge men of undoubted good character for truth and veracity.

Given under my hand at Houston, Winston County, Alabama, May 26th, 1877. [signed] A.B. Hays, Special Commissioner.

 

Jonathan Barton, 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 14th day of March, A.D. 1872, Jonathan Barton (claimant), F.C. Harris, Hannah Barton, and William Y. Norris witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which Jonathan Barton, of Winston County, Alabama, is claimant, and the United States is defendant.

The said Jonathan Barton, being first duly sworn, says, in answer to the interrogatories propounded to him, that he is forty years of age, and a resident of Winston County, Alabama and a farmer by occupation.

I was at home on my plantation, and remained at home until 1863, with exception of the time, that I was laying out to evade Conscripting Agents and Rebel scouts, as a general thing returning, when favorable, to my family. In 1863, I enlisted in the First Alabama Cavalry, and assigned to Company L and was discharged at Rome, Georgia on the 28th day of September, 1864. Discharge shown, dated Rome, Georgia, dated September 28th, 1864, signed by Colonel George E. Spencer, colonel, commanding and J.D. Davis, First Lieutenant 52nd Illinois Infantry and A.C.M. 4th Division, 15th Army Corps. [signed] Jonathan Barton.

 

Francis C. Harris, called to prove property, after being duly sworn doth depose and say that he is forty-six years of age, and a resident of Winston County, Alabama, and a farmer by occupation. I was enlisted in the Union service, and a member of the First Regiment of Alabama Cavalry (Union) and assigned to Company L. That in the Spring of 1864 claimant turned over the following described property for the use of the service of Quartermaster Gray of the First Regiment of Alabama (Union) Cavalry, Col. Spencer commanding. Five head of horses, which were all young, not over six or seven years old in good condition and I regard them as being worth one hundred and fifty dollars each. I don’t think that he ever received any pay for them, nor do I think he ever received a voucher, as I heard the Quartermaster promise a voucher, but claimant says he never has received any. Claimant was frequently sent from the command on recruiting service to his county (Winston). On returning on one occasion he brought these horses, which he said he had purchased, and I have reason to suppose that he did, as he brought two families with him of whom he had purchased three of these horses and got the families through the lines. I conversed with the parties and they informed me that they had sold Jonathan Barton (the claimant) three horses. During my enlistment, I was detached on recruiting service as was also Captain Trammel’s company of the First Alabama Cavalry, who were supplied with pork—don’t know how much, as they had no meat—also Captain Hinds of same regiment and Lieutenant Emerick were rationed and foraged for selves and men by claimant. I have known ten or fifteen to be supplied at a time—also their horses—don’t know how long all remained—but I know the demand on claimant was very frequent. I was among the party supplied by him on several occasions. In 1865 on the arrival of General James Wilson’s command, they camped on, and adjoining property of claimant, and he reported to me of the property specified in claim as being taken and I have reason to believe that such is the facts, as he was a well-to-do farmer, and always seemed to have plenty whereupon to subsist his family, but when I went to his house the next day, after the command of General Wilson had left, I found them thoroughly cleaned out of all they had, the corn crib empty, fodder all gone, and throughout everything was in a sad plight—showing that everything that could in any way be appropriated was taken. I did not see any of the property taken as I was laying out at the time, and all I know of the taking was what was reported to me by Mrs. Barton, wife of the claimant. [signed] F.C. Harris

 

Hannah Barton, called to prove property after being duly sworn says she is thirty-seven years of age and wife of claimant. That in 1863-4 claimant furnished rations and pork to soldiers and horses at different times—don’t know how much, but at times as high as fifteen and twenty at a time, and that claimant bought horses that he said he had turned over to the United States service but that he states that he never received pay or voucher. Also that in March 1865, General Wilson camped on claimant’s place and adjoining properties and remained for one night and part of an afternoon, and while there a portion of his command took from the field one roan mare, don’t know her age or value, and from crib 250 bushels of corn, mostly shucked, valued at two dollars per bushel; also two thousand binds of fodder from stable loft and stacks in field; don’t know price per hundred pounds; 2000 pounds of bacon from smoke house and cellar worth twenty-five cents per pound; 100 pounds of lard worth same as bacon. One barrel of meal was taken from smoke house—don’t know its value; one barrel of flour was also taken from same place, also one barrel of syrup worth one dollar per gallon; ten bushels of sweet potatoes from the [garden] worth one dollar per bushel. Hogs were killed—don’t know how many, but think seven that would have averaged over one hundred pounds; don’t know the price of fresh meat at the time. Fifteen bushels of peas was taken from smoke house; don’t know price per bushel; fifty pounds of honey was taken from house and bee gums; don’t know price per pound. The above property I was present and saw taken away on horses and in wagons. I did not see corn measured and meat and other property weighted but am satisfied that there was fully as much as stated; don’t know that there was any necessity to take it—am satisfied claimant never received pay or voucher for any of it. [signed] Hannah Barton.

 

William Y. Norris, called to prove property, after being duly sworn, doth depose and say that he is forty-six years of age, and a resident of Winston County, Alabama, and by occupation a farmer. That while I was serving my term of enlistment as a private of Company E, First Alabama (Union) Cavalry, commanded by Col. George Spencer, claimant turned in five horses to Lieutenant Gray, Quartermaster, First Alabama Cavalry. He turned the horses over by orders from Colonel Spencer, who said he should have pay for them. The horses were purchased from refugees going into the northern lines. The horses were very good ones and will adapted for cavalry service. The claimant I am satisfied never received pay or voucher for the above specified property as we frequently talked of it. The quartermaster put him off from time, until he was mustered out when he never got one. The horses I would supposed was worth one hundred and fifty dollars each, and I saw them regularly used in the service in the different companies and I regard that they should be paid for by the United States, as the claimant was a good and reliable soldier. [signed x his mark] William Y. Norris.

 

Questions in reference to property: Jonathan Barton recalled in reference to property states that in 1863-4 while at Camp Davis, I turned over to Quartermaster Gray, of the First Alabama (Union) Cavalry in 1864, five head of horses valued at seven hundred and fifty dollars, for which I received no pay, nor did I receive a voucher. The Quartermaster promised to give me a voucher, and kept putting me off and putting me off, until the command was ordered to move, and I never got one. When the command was being recruited, and when scouting through the country, I furnished Captain Hinds, Lieutenant Emerick and Lieutenant George Jenkins, First Alabama Cavalry with fresh pork amounting in all to four hundred and fifty pounds, for the benefit of their men. The pork I valued at ten cents per pound. During 1863 and 1864, I furnished rations to United States troops on detached service to the amount of one hundred dollars. The parties fed and rations would number fifty men and horses at a time, and supplied at different times, and the amount charged would not supply amount used by them. In March (I think) the 24th day, General Wilson’s command came in my neighborhood, and camped on my place and the adjoining property one night and portion of two days. That is from the time they commenced camping in the afternoon of the day they came, until the time they all left next day, and while there his men came to my dwelling and took from my house and crib two hundred and fifty bushels of corn. The corn in the crib was shucked and that in the house was shelled and packed in barrels and boxes, and worth two dollars per bushel. The corn in barrels was measured and measured fifty bushels and the balance in crib which would hold about three hundred bushels, lacked one third of being full. Fodder to the amount of four thousand pounds was taken from stable loft, and four stacks in the field was taken and worth one dollar per hundred. Two thousand pounds of bacon was taken from smoke house, and from the dwelling house where I had it buried in cellar in boxes. It was all well seasoned and worth twenty-five cents per pound. I butchered some ten hogs in the fall which would have averaged two hundred and twenty-five pounds each—also one hundred pounds of lard taken from smoke house. The lard was not weighed, but from knowledge of bulk would weigh that, if not more. One barrel of meal that had just been brought from mill was also taken. A barrel of meal is equivalent to five bushels and valued at two dollars per bushel. One barrel of flour was taken valued at then dollars; thirty gallons of syrup worth one dollar per gallon; ten bushels of sweet potatoes worth one dollar per bushel. Seven or eight hogs were killed same evening ranging from seventy-five to one hundred pounds each, and which in the aggregate would weigh at least calculation five hundred and fifty pounds and worth ten cents per pound. Fifteen bushel of peas worth one dollar per bushel was taken which was worth one dollar per bushel. Fifty pounds of honey valued at twenty-five cents per pound was taken from bee gums. Four stands were taken and I am satisfied that each contained at least twelve and a half pounds to each stand. The honey I did not regard as much as the killing of my bees. When the command first arrived I was lying out, and when I saw them I knew they were Yankees and I returned home. When I had arrived the troops were at my place taking my property. There was a captain in command of the party who were taking my property, when I begged of him not to take all I had as I was in an enemy’s country, and that I would be obliged to move or starve that I was a discharged soldier. He asked me to produce my discharge, and on my wife producing it, he ordered the men remained to empty what they had in their sacks, which was done, but stole the same night after the captain had left. My wife superintended my plantation with hired help, boys who were too young to be conscripted, and the property raised was garnered by them. She had two boys, plough hands, besides her and my family, able to attend the plough and to be generally useful on the plantation. I had at the time three hundred and twenty acres of land in my plantation and about forty-five acres in cultivation which would produce from fifteen to twenty bushels per acre—worth about five dollars per acre then and the same now. [signed] Jonathan Barton.

 

State of Alabama, Winston County: I, Robert P. Baker, Commissioner to take testimony in cases pending before "The Commissioners 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 Jonathan Barton, of Winston County, Alabama, the claimant in this cause, and as a witness, and F.C. Harris, Hannah Barton, and William Y. Norris of Winston County, Alabama as witnesses came before me at Larissa, Winston County, Alabama, on the 14th day of March A.D., 1872, the said witnesses to testify in behalf of Jonathan Barton, 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 said 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 9th day of April A.D. 1872. [Signed] R.P. Baker, Special Commissioner.

 

Additional testimony in claim of Jonathan Barton of the County of Winston and State of Alabama, numbered 2167.

It is hereby certified that on the 27th and 30th days of August 1875, at the residence of Jonathan Barton 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, Gilford M. Barton, Thomas I. Sims, Robert L. Guthrie, Elizabeth Guttery, and John N. Baughn, witnesses.

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 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 30th day of August 1875. [signed] John C. Moore, Special Commissioner.

 

Additional testimony in case No. 2167. Gilford M. Barton being duly sworn says as follows to wit:

That he resides in the County of Winston, State of Alabama and have so resided for 15 years. That he is 35 years of age, a farmer by occupation, that the claimant (Jonathan Barton) is his brother, and that he is not interested in the success of his claim. That he enlisted in the 1st Alabama Cavalry Volunteers 25th September 1863 under Captain Trammell in Company L of said regiment. I was honorably discharged on the 28th day of September 1864 at Nashville, Tennessee that while in service at Camp Davis, Mississippi he was present, and saw the claimant turn over, to Quartermaster Gray, 4 head of horses (one a mare, and three others was horse). They were all in fine fix, and none of them over 8 years old. One was a 1st class cavalry horse, all the time turned over. They were worth six hundred dollars in U.S. money. The claimant bought and paid his own money for said horses; two he bought from the Braswell boys, and one from William Tidwell, and one he carried from home of his own that they rode into service. The Braswell boys have never returned home. William Tidwell resides in said County of Winston, 20 miles distant. Affiant further says that about the 24th March 1865, Wilson’s Corps, commanded by Major General James H. Wilson camped around and on claimant’s farm, and while there, they took from claimant a fine young mare. He did not see the troops take the mare, but he knows that he had the mare, when the corps camped at his house and he knows when the corps left, his mare was gone and claimant and all the family said that the troops of Wilson’s Raid had taken his mare, and that he is well satisfied that they did take her. The mare was six years old, large, in fine fix, was a good saddle nag, and at the time taken, was worth $150 in U.S. money. Witness further says that he knows of his own certain knowledge, that claimant had all such property, as named, in said application, that he lived in ½ miles of claimant when the raid came through the country, and that when the troops left on the march that said property was all missing. That he was told by claimant and family that it had been, or was taken, by the troops of Wilson’s corps. As before stated, I saw none of said property taken, or turned over (except the 4 head of horse, but I have no doubt, but the claimant had the property described in said application and that it was taken, as testified to by himself, and witnesses. This witness further says at the same time the troops taken from claimant a fine watch, and good pistol. Besides, they burned up and destroyed about 3000 rails, which is not in his said application. He was also burned and plundered by the Rebels, during the rebellion to the amount of $4,000 or $5,000 worth on account of his Union principles. Sworn to and subscribed before me this 27th day of August 1875. [signed] G.M. Barton. Attest: [signed] John C. Moore, Special Commissioner.

 

Additional testimony in support of claim 2167 of Thomas I. Sims, who being duly sworn says as follows: That he resides in the County of Winston, State of Alabama, and has so resided for 17 years. That he is 27 years of age, a farmer by occupation. That he is no kin to the claimant, and not interested in the success of his claim. And that he lives in 300 yards of claimant, and have so lived for 15 years and that he was present and saw the troops of Wilson’s corps come to claimant’s house, on or about the 24th March 1865. He further says, that he knows that claimant had a good lot of corn, fodder, bacon and lard &c. and that when said troops left, that he was very scarce of the articles and property named in said application; that he did not see the troops take any of the property named in said application but he is well satisfied that they did take the property, as testified to by claimant and witnesses, that he was at claimant’s house soon after the troops moved off on the march and that he saw where the troops had fed and wasted his corn and fodder &c. and that he also seen where said troops had burned and destroyed the rails of claimant by burning and crosswaying the road &c. He further says that he knows that the rebels burned up claimant’s still house and foraged on him during the greater portion of the rebellion, shot at him, and ran him off from his home. Sworn to and subscribed before me this 27th August 1865. [signed] Thomas I. Sims. Attest: [signed] John C. Moore, Special Commissioner.

 

Additional testimony on claim 2167 by Robert L. Guthrie who being duly sworn says as follows: That he is 39 years of age; resides in the County of Winston, State of Alabama and have so resided about 16 years; is a farmer by occupation. That he is no kin to the claimant, and not interested in the success of his claim. That he enlisted in the 1st Alabama Cavalry Volunteers in Company B in March 1863 at Glendale, State of Mississippi, and was honorably discharged on the 7th of February 1864 at Memphis, Tennessee and that he was at claimant’s house in said county, while Wilson’s Raid or the troops of Wilson’s Corps, was taking claimant’s corn. This was on or about the 24th March 1865. That he did not know how much corn the troops taken. This was all he seen them take. Claimant made a very good crop the year before, had a good chance of corn, bacon, lard &c. and that he knows after the raid passed on, that claimant did not have much of anything in the way or rations &c. And that he has no doubt that the claimant lost the articles, and quantities, named in the claim that he and witnesses testified to, and that he knows of his own knowledge that the Rebels burned up claimant’s still house and foraged on him during the rebellion on account of his Union sentiments, and that he has good reasons to believe, that the advance guard of said Corps, taken from claimant a fine watch, and good pistol and that said troops also taken, burned up, and used for crosswaying the road about 3000 rails. Said rails, pistol and watch, is not put down, in claimant’s application. Sworn to and subscribed before me this 27th August 1875. [signed] Robert L. Guthrie. Attest: John C. Moore, Special Commissioner.

 

Additional testimony of Elizabeth Guttery in support of claim 2167 who being duly sworn by me says as follows: That she resides in the County of Winston and State of Alabama, and have so resided 15 years. That she is about 63 years of age; that she is not of kin to the claimant and not interested in the success of his claim and that she was present at the house of claimant on or about the 24th March 1865 at the time the troops of Wilson’s Raid passed by claimant’s house, saw the troops take a fine young mare from claimant, and lead her off to camps on the march. The mare was young and fine, in good fix, a good saddle nag, at the time taken was worth $150 in U.S. money. That she further saw the advance guard of Wilson’s Corps, as was said, take a good pistol and a good watch from claimant and that she was at claimant’s house the same day, before the troops of said corps, reached claimant’s house and that she knew their smoke house, a corn crib, and what was in them almost as well as she knew what was in her own, that she is well satisfied that claimant had the property in amount, and different articles as named in his application (except the horses turned over to Quartermaster Gray, that she knew nothing about). That she was in a day or two after the raid passed on, at claimant’s house, and the property named in said application was all gone. Claimant and family said it was all taken by the troops of Wilson’s Corps, that she lived in one mile of claimant, and that her husband was a loyal claimant got pay for property taken from them by the same troops, and that she is well satisfied from the knowledge she has of claimant and his affects, that the troops took from him the property named in said application and that she was at claimant’s house when the Rebel cavalry burned up his still house and shot at claimant, as he ran off, and made his escape and that she knows of her own knowledge, that the Rebels burned, fed off of him and plundered him from the beginning to the end of the rebellion, on account of his Union principles. Sworn to and subscribed before me this 27th August 1875. [signed x her mark] Elizabeth Guttery. Attest: [signed] John C. Moore, Special Commissioner.

 

Additional testimony in support of claim 2167 of John N. Baughn who being duly sworn says as follows: That he resides in the County of Winston, State of Alabama, and have so resided 22 years; that he is 36 years of age, a farmer by occupation and lived in 4 miles of claimant during the rebellion. That he is no kin to him, and not interested in the success of his claim, and that he enlisted into the U.S. service 25th Sept. 1863 in Company L, Captain Trammell, 1st Alabama Regiment Cavalry Volunteers, Col. George E. Spencer, and was discharged honorably, on or about 28th June 1865, at Nashville, Tennessee. He further says while he was in said service at Camp Davis, Mississippi that claimant turned over to Quartermaster Gray to the best of his recollection, 4 head of horses. That claimant sent by the squad that I went through the lines with to Camp Davis, 1 mare. Claimant rode 1 horse through the lines, from his house, and he bought 2 horses from the Braswell boys, that they rode through the lines. He did not see claimant trade for the horses of Braswell’s, but it was currently reported that he had bought the horses, that the Braswell boys rode through the lines. There were the 4 horses that I saw claimant turn over to Quartermaster Gray. They were all horses from 5 to 8 years of age, as best he can recollect in good fix, sound, good saddle nags, of very good size. And at the time turned over was worth $600 in U.S. money. Witness further says that he did not see any of the articles or property taken named in claimant’s application, but he has not good reason to doubt it being taken, that he knows of his own knowledge that the troops of Wilson’s Corps camped near claimant’s premises on or about the 24th March 1865 and that claimant said that said troops had taken the property named in said application. Sworn to and subscribed before me this 27th August 1875. [signed x his mark] John N. Baughn. Attest: [signed] John C. Moore, Special Commissioner.

 

Claim of Jonathan Barton of the County of Winston and State of Alabama, numbered 2167.

It is hereby certified that on the 23 day of November 1876, at Larissa 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, Hiram Hanes and T.J. Sims, witnesses.

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 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 23rd day of August 1876. [signed] George W. McDade, Special Commissioner.

 

1 – My name is Hiram Hanes, age 68 years. My residence is Winston County, Alabama and has been such about 19 years and by occupation a blacksmith.

2 – That he is not related to the claimant, nor is not interested in the success of the claim. The witness hereby have to state that he is well acquainted with William Y. Norris, Francis C. Harris, Robert L. Guthrie, Martha E. Sims, Elizabeth Guttery, John N. Bonds [Baughn] and Guilford M. Barton. Claimant and witnesses in case No. 2167 who testified in behalf of Jonathan Barton on facts are all of them personally known to me and are all of them good, honest and respectable citizens of this county (Winston) and would not under any circumstance testify to a falsehood for Jonathan Barton, the claimant, or any other person. Witness further says that all of the above mentioned witness statements may be relied on as correct. [signed] Hiram Hanes. [signed] George W. McDade, Special Commissioner.

 

1 – My name is Thomas I. Sims. My age is 28 years. My residence Winston County, Alabama and has been about 19 years and my occupation a farmer.

2 – That he is no relation to the claimant nor has no interest in the success of the claim. The witness says that he is personally acquainted with William Y. Norris, Francis C. Harris, Robert L. Guthrie, Martha E. Sims, Elizabeth Guttery, John N. Bonds [Baughn] and Guilford M. Barton witnesses on facts for Jonathan Barton, the claimant in this case No. 2167 and that said witnesses are all of them highly respectable and honest, good citizens of this county (Winston) and would not under any circumstance make a false statement for Jonathan Barton, the claimant, or any other person and that their evidence may be relied on as correct in every particular. [signed x his mark] T.I. Sims. [signed] George W. McDade, Special Commissioner.

 

The Commissioners will please take notice that enclosed they will find some additional evidence in the case of Mr. Barton in regard to the veracity of his witnesses. There appears to be a difficulty between Mr. Barton and some of his neighbors who have taken the pains to ride to Commissioner Moore, some 45 miles, to testify against Mr. Barton having the amount of property charged in his claim. I have made strict inquiry concerning the claimant in this case and find him to be a man in high standing where he resides. He has been elected and served one term for sheriff and against elected to represent the county in the legislature in which he lives and is a responsible man and of undoubted veracity. [signed] George W. McDade, Special Commissioner.

 

Letter to Commissioner Ferris, dated Larissa, Alabama 5 Feb 1874: Dear Sir, I am in receipt of your of Jan. the 13, ’74 and contents noticed and wish to give you further information in regard to Jonathan Barton’s fictitious claim by referring you to some others that will testify that he never lost anything but a watch and pistol and got them back by going to the officer. They may have taken a few bushels of corn but nothing else. The witness is Hiram Hanes whose claim has been allowed and had a son in the Federal army by the name of John Hanes who will testify to that matter. Mary Dodd, Carroll Dodd, Isham Dodd, Henry Weaver, George D. Wilson, James M. Wilson, Mary Wilson, Mary Harbin and many others in the settlement who will testify the same thing and I wish to say to you that the claim of Rachel Berry is another bogus claim. She never had but one old cavalry horse taken and he was not fit for use because the Rebels gave her the horse and you very well know that they never gave anything which was fit for use. The reason I do this is I believe it to be very wrong for the government to pay for anything which the person has never lost. My father, A. Ward was a Federal soldier and has got his claim. The witnesses to prove that she never lost any stock but the old cavalry horse is Jacob S. Johnston and his wife and Willis Brooks of Lawrence County, Alabama and may [illegible word]. Yours very respectfully, [signed] Joseph N. Ward.

 

Office of the Commissioners of Claims, Washington, D.C., June 11, 1879. Claim No. 2167. Jonathan Barton, Larissa, Winston County, Alabama: Let claimant make sworn answer to the following questions before the clerk of court, justice of the peace, or notary public.

1. Was it three, four or five horses that you turned over the Quartermaster Gray?

2. What was the color, size, and age of each horse?

3. When did you become owner of each horse; from whom did you get it; how did you come to buy it; what was your motive in buying such risky property at the time; how much did you pay for it; what kind of money did you pay in; when did you get the money; what living persons besides yourself know of your purchase of each horse? Answer separately as to each horse.

4. Why did you testify before Mr. Baker in 1872 that you had 320 acres of land and before Judge Hays in 1877 that you had 160 acres? Which statement is correct?

5. Explain fully how it was possible for you to have in March 1865 so much corn, fodder and bacon as you have claimed for as taken by General Wilson’s cavalry. Are not the amounts of each much over stated? Where did you get the land and the labor to raise so much corn, fodder, and bacon in 1864 as to have so much left in the spring of 1865 for Wilson’s men to take?

6. Can you give any reason why Joseph N. Ward should say that you lost little or nothing? Is he a man of good character in the community? What has Anderson Ward got against you? Why should he say your claim is unjust? Is he a truthful and fair man? Is John W. Sims a truthful man? Can you account for his testifying the same as Ward?

7. Joseph N. Ward says that Thomas E. Sims, John Dodd, Hiram Hanes, Carroll Dodd, Isham Dodd, Henry Weaver, George D. Wilson and James M. Wilson would all testify that you had no such amount of property to lose. Would they so testify or would they not? If you say they would not, how do you know? Have you talked with them and what do they say? [signed] Charles F. Benjamin, Clerk

 

Letter to Hon. Charles F. Benjamin, Clerk, Commissioner of Claims, Washington, D.C., dated Larissa, Winston County, Alabama, October 7th, 1879: My Dear Sir: I wrote you a short time since and sent you affidavits to refute the statements made by one Joseph M. Ward (Joel M. Ward) and Anderson Ward. You can readily see that all their statements are false. I also requested you to send me a copy of the affidavits of Mr. Anderson Ward and his witnesses which they made in regard to claim of Mr. Ward’s for property taken by the United States during the late rebellion. My reason for this request is:

At the time the said property was taken (and Mr. Ward has put in his claim and drew pay therefor), Mr. Ward was a soldier in the Rebel army, some two or three months (after his stock was captured), I captured him and turned him over to Captain Trammell of the 1st Alabama Cavalry Volunteers at Camp Davis, Mississippi. Mr. Ward there enlisted in the U.S. service and served one year. He then came back home and has ever since to the present time voted with the rebels, i.e., with the Democrats. I was never in the Rebel service, but what service I did perform was in the Union army. I had four brothers and two brothers-in-law also in the Federal service. Six of whom have an honorable discharge. The seventh was taken prisoner by the Rebels and died at Andersonville.

These statements I can verify by the affidavit of a score or more witnesses.

Mr. John W. Sims and Joel M. Ward were also in the Rebel army. I think it but justice to me to be paid for what the government got from me. I only demand what is my just due and if men like Mr. Ward can get big pay for that which they are not justly entitled, I am more than confident that the gentlemen composing the Honorable Commission will mete justice to those who fought to preserve the government under which they have the honor to now represent. I have the honor to be sir, Your obedient servant, [signed] Jonathan Barton.

P.S. Be sure and please send me also the statements (copy) or affidavits of Joel M. Ward, Anderson Ward, and John W. Sims refuting my claim or in opposition to it. J.B.

 

State of Alabama, Fayette County: This day personally appeared before me, John C. Moore, special Commissioner for the State of Alabama, Anderson Ward and John W. Sims, citizens of Winston County, living near Larissa Post Office in said County of Winston, State of Alabama, who being first duly sworn upon their oaths do say:

Anderson Ward says: That one Jonathan Barton living in said State and County near said Larissa Post Office has, as he understands, filed before the Commissioners of Claims at Washington, D.C. a claim for property taken by the U.S. troops, during the rebellion for several hundred dollars which claim affiant knows to be unjust, except about one hundred and fifty dollars affiant says that he was a U.S. soldier, belonged to the 1st Alabama Regiment Cavalry Volunteers, and was at the house of the said Jonathan Barton with the troops of Wilson’s Corps at the time they were taking meat and corn &c. and stock from the citizens of the country; that he did not see, said troops take any property from said Barton, but he is well satisfied they did, being one of his near neighbors and knowing about the amount of provision, forage and stock owned by said Barton, he is well satisfied that one hundred and fifty dollars would be a just and good allowance for him to have; John W. Sims says: that he did not belong to the U.S. service, but was a near neighbor of said Barton’s, lived in less than ¼ of a mile of him, at the time said troops taken his property, and knows of his own knowledge that the statements made by Anderson Ward, are true and correct, to the best of his judgment and belief. That he is thirty years of age, have resided in said county of Winston since he was twelve years of age. That he is not in any way interested in said claim, more than he desires that the government should not pay for something that it never got. Anderson Ward says: he is fifty years of age, have resided in the county of Winston, State of Alabama for at least 22 years. That he is not in any way interested in the allowance of said claim, more than he desires the government should not pay something for nothing and that if this proof is not sufficient, plenty more of the same sort can be obtained in our settlement. [signed] Anderson Ward and John W. Sims. Sworn to and subscribed before me, John C. Moore, Special Commissioner.

 

Each of said affiants was properly and duly sworn to speak the truth concerning the matter of the claim of Jonathan Barton, now before the Commissioners for allowance at Washington, D.C. The affidavits above written, was written out by me in the presence of said affiants, who signed the same in my presence, after having said affidavits read aloud to them, before affixing their names there. Witness my hand and seal this 23rd day of September 1876. [signed] John C. Moore, Special Commissioner.

 

Claim of Jonathan Barton, Winston County, Alabama for $2,247.50: In the above case of Jonathan Barton, I have made a thorough investigation in the neighborhood in which the claimant lived and I have failed to find any evidence that would show the claimant to have been in favor of the Rebels, or the Confederacy. He is said to have been a Union man, and had to leave his home on account of his adherence to the Federal government. He volunteered and served as a Federal soldier in the U.S. army. He had property. Some of the Union men think the claimant did not lose the amount of property claimed, but no one knew that to be a fact it being simply an opinion [illegible] testimony. [signed] Enos Richmond, Special Agent. Russellville, Alabama, May 23rd, 1874.

 

In the matter of the claim of Jonathan Barton of Winston County, Alabama, No. 2167. Statement of Jerome J. Hinds. My age is 39 years, residence, Decatur, Alabama and temporarily at Washington and my occupation mail contractor and transportation contractor.

In 1863 and thence to the end of the war I was a Captain in the First Alabama Federal Cavalry. The claimant was Orderly Sergeant of Company I of that regiment. In December 1863, I was in charge of a detachment from the regiment in search of recruits and know of my personal knowledge that the claimant, who was a member of the regiment, furnished us supplies. I remember corn and fodder for the horses and bread for the men, baked in the house for us; also bacon. We had about 100 men, and 50 or so horses and stayed near his place three full days and part of a fourth, as I now remember. During that time he furnished virtually all the supplies we had. We had been about six weeks away from the regiment and were living wholly on the country.

I had no authority to give receipts myself, and had no acting quartermaster or commissary with the detachment, but had orders generally from General Dodge to report to the proper officers all supplies received from loyal men. We got back to the regiment Christmas morning, 1863, and all the horses and stock and other quartermaster property was turned over to the regimental and post quartermaster, Lieutenant William T. Gray, now or lately a clerk in the N.Y. custom house. As I now remember, I handed over a memorandum book containing list of forage and supplies received from those we considered loyal and the claimant, Barton, of course was among them. The quartermaster and commissary officers were authorized to issue vouchers and my memorandums and statements were to be the basis of these vouchers. Before any vouchers were issued, in fact, the very day of our return, the regiment was ordered away and went from Camp Davis, near Corinth, to Corinth, thence to Memphis, and we were kept on the move for a long time. The quartermaster department was sent by rail while the regiment marched, and before the two came together, the quartermaster had resigned and another one came in who knew nothing about the matter and had none of the papers. That is all I know of the reason why claimant got no vouchers or pay at the time.

As to the number of horses received from claimant, I distinctly remember two, but cannot say how many more, nor is my memory refreshed by hearing that the claimant has charged for five. I think there was more than two, but can speak no more definitely. I fancied that he had turned in a mule or two, but he charges for none. It was a voluntary furnishing of their stock by all these loyal men, because, under general orders, they were entitled to pay for all they turned in, while, if they left it at home, the Rebels were certain to get them. None of the animals were branded with the government mark until after they were turned in. There had been no chance for government animals to get about that part of the State.

The claimant was a man of good property. I knew only two in the county better off than himself. He had a large farm, very well stocked. I heard at the time I was there that he had lost heavily by the Rebels. The claimant was along with my detachment at the time I was out recruiting and got his meat, forage, other supplies and horses.

I know John N. Baughn, Francis C. Harris and Gilford M. Barton, some of witnesses for claimant. Two of them were soldiers and the other was not one because of physical disability. I know of no reason why their statements should not be accepted. They are good men and citizens. I have known the claimant intimately since 1863 and since the war have had much social and business intercourse with him, and if I was ever in position to know about any man’s character, it is claimant’s. He is a man of high character and such is his reputation in his community. I know nothing about anybody attacking him or his claim, but I do know that some of his neighbors have heretofore accused him of bringing down the Yankee cavalry on them to destroy them. These persons were Confederates. I do not know of his being charged with anything else, and that even was not true.

I have carefully read over the foregoing and stand to it as correct.

[signed] Jerome J. Hinds. Attest: [signed] Charles F. Benjamin, Clerk, Commissioners of Claims. Sworn to and subscribed before me this the 6th day of July A.D. 1877, J.G. Kimbell, Notary Public.

 

No. 2167. Jonathan Barton, Alabama. Deposition of Jerome J. Hinds for the claimant. July 6, 1877. Mr. Attorney Bundy serves the administration of this deposition in evidence in the case, because, believing that the clerk of the commission was still invested with the powers and duties of a special commissioner, he had, at some trouble, obtained the attendance of the witness and produced him before said clerk at the officer of the Commissioners. Being informed by said clerk that he had not the authority of a Special Commissioner to administer oaths and take depositions, he nevertheless solicited said clerk to take upon himself the function of recording the statement of the witness and cross examining him to test his memory and conscience in the giving of the statement. This the clerk agreed to and did do, upon the agreement that the question of the admissibility of the statement should rest entirely with the Commissioners. And the clerk adds, for himself, that the written narrative is the product of a close examination of the witness, whose manner indicated that he wished to be truthful and accurate throughout. [signed] Charles F. Benjamin, Clerk.

 

State of Alabama, Winston County: I hereby certify that Benjamin A. Cagle, before whom the foregoing affidavits were taken is a Justice of the Peace, in and for said County and State, duly commissioned and sworn, and that his official acts as such are entitled to full faith and credit and that his signature thereunto is genuine.

Witness my hand and official seal, this the 24th day of September A.D. 1879. [signed] F.M. Taylor, Judge of Probate, Winston County, Alabama.

 

State of Alabama, Winston County: I hereby certify that William Tucker, before whom the foregoing affidavits were taken is a Justice of the Peace, in and for said County and State, duly commissioned and sworn, and that his official acts as such are entitled to full faith and credit and that his signature thereunto is genuine.

Witness my hand and official seal, this the 24th day of September A.D. 1879. [signed] F.M. Taylor, Judge of Probate, Winston County, Alabama.

 

On letterhead of Custom House, New York, Collector’s Office, June 18th, 1879 to the Commissioners of Claims, Washington, D.C.: Sirs, In reply to your communication through Mr. Charles F. Benjamin, regarding Mr. William T. Gray, said to have been an employee in the Custom House, I am directed by the Collector to say that after a thorough search of the records we are unable to find any such name on our books. I am, very respectfully, [signed] W.H. Stilwell, Private Secretary.

 

Letter dated 5 Jan 1874 to Commissioners of Claims from Joseph N. Ward. The letter is not copied to be completely readable but the theme is that Ward claims Barton should not be allowed the full amount of the claim because he never had all the property he claimed. He says neighbors such as Thomas I. Sims, John W. Sims, Anderson Ward and others will testify the same if called upon.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County personally appeared John W. Sims who being duly sworn deposeth and says that in regard to the testimony given before Commissioner Moore in 1876 I stated the truth as far as I knew. Mr. Barton may have had other and more property taken that I knew nothing of therefore I could not testify to what I did not know. [signed] John W. Sims. Sworn to and subscribed before me this 24th day of October 1879. [signed] William Tucker, Justice of the Peace.

 

Letter to Mr. Charles F. Benjamin dated Winston County, Alabama September 23rd, 1879. Dear Sir, It is my request and you will confer a favor which I will not forget if you will furnish me a copy of the affidavits of Anderson Ward and John W. Sims in regard to my claim, also the affidavit or statement of Joel M. Ward as there is no such a man as Joseph N. Ward as you have stated in those questions propounded to me. I wish to know exactly what name he has given. Also I request you to send me a copy of the affidavit of the claim of Anderson Ward. I am perfectly willing to satisfy you for the trouble and if you will let me know what the cost is I will forward the money. By doing so you will oblige, Yours Respectfully, [signed] Jonathan Barton.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County, personally appeared Joel M. Ward who being duly sworn deposeth and saith that he wrote two letters concerning Barton’s claim 2167 and that Joel M. Ward is his proper name and the way that he signs it. That all I know about Barton’s property what he lost is mostly from hearsay. I know nothing of what he turned over. I was not in the army. I was at home at that time. I hereby certify that Joel M. Ward acknowledged before me to the above statement but for certain reasons he declines to sign the same. Given under my hand this 24th day of October 1879. [signed] William Tucker, Justice of the Peace. Attest: [signed] Hiram Hanes.

 

Letter to the Honorable Commissioner of Claims, Washington, D.C., October 25, 1879: Gentlemen, It has already been shown to you a part of the reasons why Anderson Ward has taken such a stand against me and now I will give you something more. In 1863 I was one of a party under Captain Trammell and Lieutenant Hinds ordered on detached service to Winston County. While on such duty, captured Anderson Ward, then a soldier belonging to the Rebel army and carried him through and turned him over to headquarters. Then rather than be sent back north a prisoner he chose to enlist in the Federal army and served his time out and came home and still affiliated with the Rebel party. John W. Sims and Joel M. Ward was all in the Rebel army and consequently I could not expect any thing favorable from such men as this. This in facts which if doubted can be fully established. Yours Respectfully, [signed] Jonathan Barton.

P.S. If it would not be inconvenient you would do one a kindness by sending me one or both of the original signatures of the letters wrote to you by the person represented to be Joseph N. Ward as there is no such man in this country. Joel M. Ward, a son of Anderson Ward is the man who acknowledges to have done the writing. Esquire Tucker and Hiram Hanes was present when he made the acknowledgement.

 

Letter to Charles F. Benjamin, Clerk, Washington, D.C., dated 25 Oct 1879: Dear Sir, I live a near neighbor to Mr. Jonathan Barton and feel it my duty to simply state only a few facts of what I do certainly know in regard to his property, especially after seeing him so badly treated by people trying to injure him privately through malice without any cause. Mr. Barton had a part of his corn shelled and hid in boxes also his meat to try to keep it from the Rebel forces. His reason for was by being a Federal soldier himself. He knew that the Rebel forces would take it. I certainly know from what I have heard from Ward and Sims that they done what they did through malice. Now I give my reasons: Three of the men that Joel M. War refers to are my own brothers and they all say on oath that they did not authorize Ward write such and I could not believe Joel M. Ward on his oath and do not believe any of my three brothers would. Joel M. Ward come to school under my care when a small boy and I have known him personally ever since and I must say in truth that I do not remember ever knowing any good of him. Joel M. Ward’s name is registered on my school register done when he was a small boy and he now says before Mr. Tucker, Hiram Hanes, and J. Barton that he done the writing but how plainly the intention of rascality is shown by signing his name Joseph N. Ward. This is proof that rascality was intended at the start. Now my reason for not believing him on oath: A true bill was got against him in our Circuit Court for swearing Mr. Jonathan Barton fired his pistol when Anderson Ward’s son-in-law and Mr. Barton’s were fighting. About 75 or 100 men were present and could not even say that they heard the pistol fire but him. This is only a few facts out of many too tedious to mention. Out of 75 or 100 men, Ward was the only man that heard the pistol and I can safely say that Mr. Barton is worthy of a full average allowance in pay for his property. I believe in giving men justice and really do think it would be high minded justice to give him a better than average allowance. Truly, [signed] W. Dodd, Jr.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said county, Anderson Ward appeared who being duly sworn deposeth and saith that concerning the property taken from J. Barton, that he was not with Wilson’s men only a part of the time. I was there in the evening then I went home and came back again and while there I did not see anything taken from Barton. [signed] Anderson Ward. Sworn to and subscribed before me this 24th day of October 1879. [signed] William Tucker, Justice of the Peace.

 

Letter to Mr. Charles F. Benjamin, Clerk of the Commissioners Court of Claims, Washington, D.C., dated Winston County, Alabama September 23, 1879: I now proceed to answer the questions propounded to me in your letter dated June 11, 1879:

1 – It was five.

2 – First a large bay horse about 16 hands high, age about 6 years, bought of William Tidwell, paid 35 dollars in green back and a good silver watch. Second horse I bought from James Braswell, a bay about 15 hands high about 5 or 6 years old, paid 25 dollars in green back. Third horse I bought from Burt Braswell, a bay about 14 or 15 hands high, 5 years old, paid 25 dollars in green back. Fourth horse I bought from William Mayfield, a dark grey 16 hands high about 7 years old, paid 40 dollars green back money. Fifth horse I bought from William Mayfield, a flea bitten grey 16 hands high about 6 years old, paid 40 dollars in green back for it.

The money I paid for the horses I drew a part for my services and borrowed some from my comrades and Mayfield waited for the remainder of his pay until I sold vouchers for two other horses which I turned over and received said vouchers for and which I am not claiming anything for Quartermaster Gray had told me that if I could buy up suitable horses for the use of the government he would give me vouchers for them according to their value which vouchers I could sell and make some money in the operation if I did not want to keep them which I consider was a safe investment and that I did not consider I was running any risk. The cause of my buying this property was that citizens passing through the lines north were not willing to turn their property over to the government not know they would get anything for it and they knew that if they left it Rebels would get it.

3 – Consequently they preferred selling them to me at a reduced price. As regards the risk I had volunteered my services to the government thereby risking my life and all that I had therefore I did not consider this property was any greater risk.

4 – At the time, the crops should have been raised I owned the 320 acres and before I testified before Judge Hays I had sold to my brother 160 acres of my land which left me with 160 acres, what I testified to.

5 – I hereby state that in 1864 I had two plowhands hired: James Turner, David Turner, and three good hoe hands of my own family. Besides two other crops raised on my farm that year also I sold to Mr. Sims a mule and received a part of the pay in corn. Up to the time of my going into the army I had been running two mills and had a large stock of hogs to drink the slop. When I came home from the army being afraid that the Rebels or layouts would kill them up, I killed them myself and salted them away looking forward to the surrender thinking that the meat would bring a good price.

6 – I know of no other reason why Joel M. Ward should make such statements only that he is mad with me and I believe he is disposed to injure me all he can. As to the character of Joel M. Ward, I shall leave you to judge from the evidence of these men whose affidavits are forwarded with this instrument and as to the character of Anderson Ward I will leave that for you to judge from the evidence produced. I know of no other reason why Anderson Ward should take such a stand against me only that 4 or 5 years ago his son-in-law and my son-in-law got into a fight and in consequence of that me and Anderson Ward had some harsh words with each other and had like to have got into a difficulty and we have not been friendly ever since and from circumstances plainly to be seen I believe that Anderson Ward is disposed to do one all the injury that he can.

7 – As to question No. 7 you can see from the affidavits here produced that the statement of Joel M. Ward is false. In regard to the property which I lost I have talked with those men and they say they could not testify to any such thing and to satisfy you on this subject I have had their affidavits taken before a Justice of the Peace which affidavits were given freely and voluntarily.

In regard to the question is J.W. Sims a truthful man I answer that I consider that he is and of good character. I have talked with J.W. Sims that he says that in testifying to my claim he only testified to what he knew in regard to the corn, fodder and bacon and I believe that J.W. Sims was in my opinion influenced by Ward for in rendering their statement, J.W. Sims had given in his estimate 100 dollars more than what Mr. Ward had. The agent had told them that they had differed in the amount of 100 dollars and if they would divide the difference, which they agreed to, by dividing the difference, which makes me think that he was influenced or he would have done otherwise. In regards the question what living person beside yourself know of the purchase of these horses I answer that I believe the men from whom I purchased them are still alive and if you see cause you can get their evidence to the facts stated. And as to Mr. A. Ward’s testimony that I do not believe he would not have testified as he did if he had not been mad with me. [signed] Jonathan Barton. Sworn to and subscribed before me this 23rd day of September 1879. [signed] William Tucker, J.P.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said county, personally appeared Archibald Manasco, who being duly sworn deposeth and saith that in regard to Jonathan Barton’s claim, as far as the property said Barton lost I know nothing about it, but I do know that there has been hard feelings existing between Anderson Ward, Joel M. Ward, and Jonathan Barton for the last 5 or 6 years and I have good grounds to believe that Anderson Ward and Joel M. Ward are mean, that when they are mad with a man they will use prejudice. [signed] A. Manasco. Sworn to and subscribed before me this 22nd day of September 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said county personally appeared J.D. Hyde who being duly sworn according to law deposeth and saith that in regard to Joel M. Ward from reports heretofore his character is not so good. As for the witness that he, Jonathan Barton, proved up his claim by, I have no right to doubt their veracity. [signed] J.D. Hyde. Sworn to and subscribed before me this 22nd day of September 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Personally appeared before me, William Tucker, a Justice of the Peace, for said County, J.H. Canida who being duly sworn according to law deposeth and saith that in regard to the amount of property taken from Jonathan Barton, by General Wilson’s cavalry, I don’t know anything about the amount. I know of no other reason for Joel M. Ward and Anderson Ward to take such a stand against Jonathan Barton’s claim than I am satisfied that there has been a hardness between them for several years and as for the witnesses that Jonathan Barton used in proving up his claim I have no right to doubt their veracity. I also know Jonathan Barton has a good average farm for this country. [signed x his mark] J.H. Canida. Sworn to and subscribed before me this 22nd day of September 1879. [signed] William Tucker, J.P.

 

State of Alabama, Winston County: Personally appeared before me, William Tucker, a Justice of the Peace for said county, F.M. Canida who being duly sworn deposeth and saith in regard to the character of Joel M. Ward I answer that it is not considered so very good. I am well satisfied that there has been hard feelings existing between Jonathan Barton and Joel M. Ward and A. Ward for 4 or 5 years and to the witnesses that said Barton used in proving up his claim I had rather believe them than Joel M. Ward. Also said Jonathan Barton has a good average farm for this country. [signed] F.M. Canida. Sworn to and subscribed before me the 22nd day of September 1879. [signed] William Tucker, J.P.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County, personally appeared William Dodd, Jr., who being duly sworn deposeth and saith that in regard to the claim of Jonathan Barton’s claim for property taken by Wilson’s Raid that I consider said Barton had an average amount of property or a little above of the citizens of this country or neighborhood. I further state that a short time before this said Barton had a fine likely bunch of hogs and also that the said Barton had an average farm for this neighborhood and as to the statement of Joel M. Ward against Mr. Barton, I am well satisfied that he did it to injure the claim of said Barton. He told me he intended to do all he could against him and as to the witnesses to the claim of said Barton, I have no right whatever to doubt the veracity. I also know that Anderson Ward has been an enemy of said Barton for the last 3 or 4 years and said Barton has not been at a good understanding for 3 or 4 years. I do not think that Mr. Ward would have done any thing to prejudice the claim of Mr. Barton if it had not been for malice existing against said Jonathan Barton. [signed] William Dodd, Jr. Sworn to and subscribed before me this 22nd day of September 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County, personally appeared W.R. Canida, who being duly sworn deposeth and saith that in regard to Joel M. Ward’s character in the community in which he lives I do not consider his character very good for this reason I heard him swear falsely at the Circuit Court of said County against Jonathan Barton in a case between Jonathan Barton and Wyatt Tittle. I was present at the time and seen the whole [transaction] and heard him qualified and it is the general supposition that he swore falsely as to the property taken from said Barton. I know nothing about only that he had a lot of very good hogs in the fall before Wilson’s Raid in the Spring of 1865. Also that said Barton has a good average farm for this country and I know no other cause for Anderson Ward and Joel M. Ward taking such a stand against Jonathan Barton except it is on account of that difficulty and as far the witnesses to the claim of said Barton I know of no cause to doubt the veracity of any of them. [signed] W.R. Canida. Sworn to and subscribed before me this 22nd day of September 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County personally appeared John L. Wright, who being duly sworn deposeth and saith that in regard to the question is Joel M. Ward of a good character and of good standing in the community in which he lives, from his general character I consider he is not. Neither do I think that I could believe him on oath and as to Anderson Ward and Joel M. Ward there has not been a good understanding between them and Jonathan Barton for 5 or 6 years and as to the farm of said Barton, I consider that he has a good average farm for this country. [signed] John L. Wright. Sworn to and subscribed before me this 20th day of September, 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Personally appeared before me, William Tucker, a Justice of the Peace for said County, William M. Jackson, who being duly sworn deposeth and saith that in regard to Anderson Ward’s fairness, I do not consider that he treated Paul Ingle fair in a case between them. [signed] William M. Jackson. Sworn to and subscribed before me this 29th day of September 1879. Sworn to and subscribed before me this 29th day of September, 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County, personally appeared Paul Ingle who being duly sworn according to law deposeth and saith that in regard to Question No. 6, is Anderson Ward a truthful and fair man, I answer he is not. I answer this emphatically. I have fairly tried him. As to Jonathan Barton’s farm he has a good and average farm for this country and as for the witnesses of said Barton’s claim, I have no right to doubt the veracity of any one of them. [signed] Paul Ingle. Sworn to and subscribed before me this 20th day of September 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County, personally appeared Henry Weaver who being duly sworn deposeth and saith that concerning Jonathan Barton’s claim that he never made any such statement to Joel M. Ward that Jonathan Barton lost little or no property for he never knew what property he did lose little or much. [signed] Henry Weaver. Sworn to and subscribed before me this 15th day of September 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County personally appeared John Dodd who being duly sworn deposeth and saith that in regard to the statement of Joel M. Ward, that I would testify that said Jonathan Barton lost little or no property during the late war, I never did nor never will make any such statement for I never knew what property said Jonathan Barton did lose. I further state that said Jonathan Barton has as good an average farm as this country affords. [signed] John Dodd. Sworn to and subscribed before me his 20th day of September 1879, [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County, personally appeared Hiram Hanes, who being duly sworn deposeth and saith that concerning Jonathan Barton’s claim that he never made any such statement to Joel M. Ward that Jonathan Barton lost little or no property nor neither will I make such statements for I never knew what property he did lose, little or much and as for the witnesses Jonathan Barton used in proving his claim I have no right to doubt their veracity. [signed] Hiram Hanes. Sworn to and subscribed before me, this 19th day of September, 1879. [signed] William Tucker, J.P.

 

State of Alabama, Winston County: Personally appeared before me, B.A. Cagle, Justice of the Peace for Winston County, G.D. Wilson, deposeth and says that concerning Jonathan Barton’s claim before the Commissioners Court of Claims the said G.D. Wilson says that he made no such statements to Joel M. Ward that Jonathan Barton lost little or no property. The said G.D. Wilson says he don’t know anything about the property Jonathan Barton lost. James M. Wilson makes the same statement that G.D. Wilson makes, September the 15, 1879. [signed] George D. Wilson and James M. Wilson. Sworn to and subscribed before me, B.A. Cagle, Justice of the Peace for Winston County, Alabama this September the 15, 1879. [signed] B.A. Cagle, J.P.

 

State of Alabama, Winston County: Personally appeared before me, William Tucker, Justice of the Peace in and for said County, Carroll Dodd, who being duly sworn according to law deposed and says as to the quality and quantity of property claimed to have been taken by General Wilson’s Cavalry from Jonathan Barton, I do not know what kind or how much property was taken as Joel Ward have stated I do. I am satisfied there is and has been hard feelings between the parties. [signed] Carroll Dodd. Sworn to and subscribed before me this 22nd day of September 1879, William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County personally appeared J.W. Sims, who being duly sworn deposeth and saith that in regard to the claim of Jonathan Barton I have already testified to what I know concerning the property taken from Jonathan Barton but to no certain amount for I did not know what he had taken and as to the horses turned over to QM Gray, I know nothing at all about and as to the crop Jonathan Barton’s crop in 1864 was very good, besides two other crops made on the farm the same year. Also Jonathan Barton sold my father a mule and received in part of the price the exact amount I do not know but not under 40 bushels of corn and the said Jonathan Barton has what is considered an average farm for this County and as to the witnesses to the claim of said Jonathan Barton I have no room for to doubt their veracity. I am also satisfied that there has been a coldness existing between Anderson Ward, Joel M. Ward and Jonathan Barton for the last 5 or 6 years. [signed] J.W. Sims. Sworn to and subscribed before me this 20th day of September 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County personally appeared Thomas J. Sims, who being duly sworn deposeth and saith that he never gave Joel M. Ward or any other person any authority to use my name, in any such way as saying that I would testify that Jonathan Barton lost little or no property in the late war. I have already testified to what I knew concerning said Jonathan Barton’s claim. I know nothing about what other property he had and therefore I could not testify to what Joel M. Ward says I would as to the turning over of the horses to QM Gray. I know nothing about it and as regard the crop of 1864, Mr. Barton raised a good crop besides two other crops on his land that year. I further state that my father, E.H. Sims bought a mule from Jonathan Barton and paid a part of the price in corn, but the amount of corn I do not know. Also as to the witnesses to the claim of said Jonathan Barton, there is no room for doubting their veracity. I also know that there has been a coldness existing between Anderson Ward, Joel M. Ward and Jonathan Barton for the last 5 or 6 years. [signed] T.J. Sims. Sworn to and subscribed before me this 20th day of September 1879. [signed] William Tucker, Justice of the Peace.

 

State of Alabama, Winston County: Before me, William Tucker, a Justice of the Peace for said County personally appeared Isham Dodd, who being duly sworn according to law deposeth and saith that in regard to the claim of Jonathan Barton that he never did or never will testify to the amount of property that Jonathan Barton lost during the late war for he never knew anything about what he did lose. As far as the witnesses to Jonathan Barton’s claim for property taken is concerned I have no cause to doubt their veracity. The reason why J.M. Ward has taken such a stand against J. Barton in my opinion that a few years ago J. Barton and Wyatt Tittle got into a difficulty and the supposition with many is that Joel M. Ward swore falsely against said Jonathan Barton and I am satisfied that there has been a coldness between Anderson Ward, Joel M. Ward’s father, and Jonathan Barton ever since that time. [signed] Isham Dodd. Sworn to and subscribed before me this 20th day of September 1879. [signed] William Tucker, Justice of the Peace.

The United States to Jonathan Barton, of Alabama: For the amount allowed him by Act of Congress, Private No. 81, approved March 3rd, 1881, 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:" The sum of $1,202.50.


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