Rachel Berry's Claim


Submitted by Robin Sterling


Southern Claims Commission File
for
Rachel A. Berry (2640) Rejected
17 Jun 1871
Submitted to Congress 14 Dec 1874

 

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

The petition of Rachel A. Berry respectfully represents: That she is a citizen of the United States and resides at present: Winston County, Alabama.

That she has a claim against the United States for provisions and stock taken: 4 head horses, 3 mules, corn, bacon, flour, fodder, potatoes, beef, syrup, fruit, meal, honey, saddle, bridle and goats for the U.S. army.

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

300 bushels corn at $2 per bushel

$600

   

4 barrels flour at 5 cents per pound

$40

   

1200 pounds fodder at $1 per bind

$12

   

16 bushels sweet potatoes at $1

$16

   

600 pounds bacon at 25 cents per pound

$150

   

100 pounds lard at 25 cents per pound

$25

   

1 barrel syrup

$40

   

1000 pounds beef

$100

   

150 pounds salt

$15

   

2 ½ bushel dried fruit

$5

   

1 barrel bolted meal

$6

   

1 bridle, 1 saddle

$15

   

3 ½ gallons honey

$7

   

3 goats

$3

   

3 mules, 14 hands high, 6 years old

$300

   

4 head horses, 15 hands high, 1 – 3 years; 2 – 5 years old, 1 – 6 years old, 1 seven years

$650

   

Total Amount Claimed

$1884

   

 

That all the items in the above 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 and were used by General Wilson’s Raid as the 4 head of horses were said corn, fodder, four, meal, beef, honey, goats, bacon, syrup, bridle and saddle, dried fruit &c. were all taken by said command on the 23rd or 24th March 1865 on their march south by Federals whose names are not known to your petitioner and the three mules were taken by General Streight’s raid in the spring of 1863, the time not known precisely on their march to Rome, Georgia, taken by soldiers whose names are unknown to your petitioner only as Streight’s raid. These facts are from what said soldiers stated and known as said raid.

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

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

That Rachel A. Berry of Winston County, Alabama was the original owner of said claim, and that she has not transferred or sold any part thereof to any person and she is the present owner of the same and that your petitioner remained loyal adherent to the cause and the Government of the United States during the war, and was so loyal before and at the time of the taking of the property for which this claim is made.

That said claim has not been presented to the Commissioner of Claims nor to any other Department of the Government for Adjustment or to Congress.

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

Wherefore your petitioner prays for such action of your Honorable Commission in the premises, as may be deemed just and proper. [signed] Rachel A. Berry. Witnesses: William Pulliam and Jonathan Barton.

 

State of Alabama, County of Winston: I, Rachel A. Berry, being duly sworn deposes and says, that she is the petitioner named in the foregoing petition, and who signed the same; that the matters therein stated are true, of the deponent’s own knowledge except as to those matters which are stated on information and belief, and as to those matters 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] Rachel A. Berry. Witnesses: [signed] William Pulliam and Jonathan Barton.

Sworn to and subscribed in my presence, the 30th day of May 1871. [signed] R.W. Swinney, Clerk of Circuit Court, Winston County, Alabama.

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

G.W. Sun, Mt. Hope, Lawrence County, Alabama

Elizabeth Baird, Mt. Hope, Lawrence County, Alabama

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

George W. Sun, Mt. Hope, Lawrence County, Alabama

Elizabeth Baird, Mt. Hope, Lawrence County, Alabama

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

Submitted on this 16th day of August, 1871. [signed] Rachel A. Berry, claimant, by Stilson, Bundy & Webster, Attorneys, Washington, D.C.

 

Office of the Commissioners of Claims, Washington, D.C., January 3, 1873. Memorandum: Rachel A. Berry, Winston County, Alabama. No. 2640. Claim pronounced fraudulent by Special Commissioner, R.P. Baker, of Alabama.

 

No. 2640. Claim of Rachel A. Berry, Winston County, Alabama for $1884: In the above case I have taken the depositions of Andrew J. Taylor and Samuel Radford, both neighbors of claimant and was with the Federal troops at the time they passed through Winston County. Both swear the claimant had no property to be taken by the Federal troops and that none was taken. They also swear that the claimant was a common prostitute and disloyal to the Federal government. Her husband was a Rebel soldier and died in that service. I am also creditably informed that the witnesses for the claimant are not reliable. I could have taken any number of affidavits showing the claimant to have been disloyal and that she did not have the property charged in her claim. She is a notorious character and well known throughout the neighborhood. Her loyalty and losses are clearly trumped up for the purpose of getting money out of the U.S. Government by an irresponsible claimant and witness. [signed] Enos Richmond, Special Agent, Russellville, Alabama. May 23rd, 1874

 

State of Alabama, County of Winston: Deposition of Samuel Radford, who being duly sworn deposes and says, I am 52 years of age and my occupation a farmer. I am a Union man and a loyal claimant. I am acquainted with the claimant Rachel A. Berry and have been for several years. I have lived here in her neighborhood for the last ten or twelve years. I was along with the Federal troops at the time that they made the raid through Winston County and I am sure the Federal troops took nothing from her in the shape of property. She had no property for the Federal troops or anybody else to take. I know that to be so. She was a Rebel and her husband was in the Rebel army and died in the Rebel service. He volunteered and served near three years before he died. I saw the claimant often during 1864 and had some conversation with her during 1863. In all her conversations she talked in favor of the Rebels and abused the Yankees and Federal government. Her public reputation was that of a Rebel all the war. Her character is bad. She is a common whore and has been since the death of her husband. I know that she was a Rebel during the war and I also am satisfied that she had no property. I know the Federals took none from her in the raid during the spring of 1865. [signed x his mark] Samuel Radford. Swore and subscribed to before me at Samuel Radford’s, Winston County, Alabama. This the 22nd day of May 1874. Enos Richmond, Special Agent.

 

State of Alabama, County of Winston: deposition of Andrew J. Taylor, who being duly sworn deposes and says I am 36 years of age and have lived in Winston County, Alabama all my life. I am a farmer by occupation. I am a Union man and I always have been. I am acquainted with Rachel A. Berry, claimant. I have been acquainted with her for the last 14 years. Her husband was in the Rebel army and died in the Rebel service. He volunteered in the Rebel army. She was a Rebel. I know that she was a Rebel from the fact that she said she was and talked in form of the Rebels during the war. I was along with the Federal troops at the time they passed her house and know that they did not take any property from her. There was a few soldiers stopped and got water, but took nothing. The next day after the raid had passed, I came to her place. I stopped and talked with her. She told me that the Yankees had taken nothing from her. She said that she had played off on them and claimed to be loyal and had saved all her property. Her husband was in the Rebel army about three years. Her reputation is very bad here in the neighborhood. She has been keeping a bad house. She was a poor woman, had but little personal property. I am sure that she did not have two hundred dollars worth of personal property at any time after the death of her husband [in] 1863. Her public reputation during the war was that of a Rebel. [signed] Andrew J. Taylor. Sworn and subscribed to before me at John Taylor’s, Winston County, Alabama. This the 22nd day of May 1874. [signed] Enos Richmond, Special Agent.

 

Rachel A. Berry, Claimant, vs. United States, Defendant. In pursuance of the Commission issued by the Commissioners of Claims at Washington, 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 16th day of March, A.D., 1872, Rachael A. Berry (claimant), Samuel D. Spain, Elizabeth Baird, and Lucy Ann Montgomery, witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which Rachael A. Berry, of Winston County, Alabama, is claimant, and the United States is defendant.

The said Rachel A. Berry, being first duly sworn, says, in answer to the Interrogatories propounded to him, states that she is thirty-five years of age and a resident of Winston County, Alabama, and a farmer by occupation.

1 – I was a resident of Lawrence County, Alabama, and resided at home on my plantation, was engaged in farming; my husband was. I am now a widow and have been for upwards of eight years.

2 – I resided at same place, engaged in same occupation.

3 – Never did. I never changed my residence other than to move about one mile on account of my residence being burned by the Rebels in 1864.

4 – No, sir.

9 – I never was.

11 – Never was.

12 – Never was.

15 – Never did.

17 – No sir. I was never arrested by United States officers or soldiers.

18 – I had two horses taken by the Rebels, fodder, corn, hogs, bacon and 18 stands of bees, which was [taken] by the command of the Rebel General Wheeler, which was in 1863. Meat, corn, flour, and provisions was taken by General Roddy’s Rebel Command which was in 1864. I never received any pay for any of the above property.

19 – I was threatened to be shot and have my property burned if I did not tell where certain layouts were, among whom was my brother. This was done by Captain Bill Warren[?] of the Rebel service. I did not give him the information. My house was burned before this by the same party. Their second visit was to still further intimidate me.

20 – Nothing further than what I have stated.

21 – No sir, I never did.

22 – Nothing other than to cook and furnish provisions for United States soldiers and feed layouts and give them what information I was in possession of in reference to the whereabouts of the Rebels.

23 – I had none in either the Rebel or United States service. My husband was conscripted in 1863 by George Norwood of Moulton, Alabama and taken to Knoxville, Tennessee and was examined by the examining surgeons and pronounced unfit for service [and] he was allowed to return home. In three months after his return home, he was conscripted again, by a Mr. Mayfield (both parties were conscripting agents) and carried to Courtland, Alabama, where he was pronounced unfit for active service, but fit for hospital duty and was sent to Frankford, Alabama, where he remained for six days when he deserted and came home. He remained at home for about five days when he went into the Union lines, after which he died in a very short time with consumption. He died near Nashville, Tennessee.

24 – I never had.

25 – Never did.

28 – I never was.

31 – I never did.

33 – I sympathized with the Union party. I was raised by my father who was as good a Union man as the country could boast of. I exerted my influence with the Federals. After the adoption of Secession, my sympathies were the same always on the side of the Union.

34 – No, I never did. I always was.

[signed] Rachel A. Berry

 

Samuel D. Spain, called to prove loyalty, after being duly sworn deposes and says that he is sixty-seven years of age and a resident of Winston County, Alabama, and by occupation a farmer. I have been acquainted with claimant for fourteen or fifteen years and acquainted with her during the entire war, meeting her on an average of about three times a month, during which time we would converse in reference to the war. (Affiant was a Union man and so regarded by claimant). Her conversation was strictly in favor of the Union and opposed to the rebellion. She regarded the war as wrong and done all she could consistently do against the Rebels. After the State went out of the Union, I never observed any change of sentiment either in her acts or words. I never knew her to contribute any money or property in aid of the United States Government or its army, but I have known her to feed layouts and Union soldiers and that she imparted information in reference to the whereabouts of the Rebels. On one occasion she brought me about three quarters of a pound of powder for my son to use in defending himself while lying out, and informed me of a party of Rebels who were bivouacking near her place and that she wanted my son to get a squad of his layouts together and to come and capture them. In giving me the powder she told me to tell my son to shoot with it so long as it lasted and to kill every Rebel he could with it. I don’t know that claimant ever owned any Confederate bonds or that she ever had any interest in them. I do not know that she ever contributed anything to the support or credit of the so-called Confederate government. Claimant was regarded as a Union woman, but so situated that what demonstrations that she did make and what assistance she did render was of a private character, as she was surrounded by Rebels and her actions closely watched. I don’t know that she ever had any near relatives in the Confederate army. Her brother-in-law, George Suns, and her brother Martin Beard went into the Union lines (Affiant’s wife carried their families through, and claimant furnished the money to assist them) after which I never knew what become of them. The Rebels took her property and would pilfer her house, and annoy her in many ways. I am satisfied that they were apprised of things that she did and that is what they done it for. And I regard that if the Rebels had been successful in establishing a separate government that they would not have regarded her as a loyal woman to their cause. [signed x his mark] Samuel D. Spain.

 

Elizabeth Baird, being duly sworn doth depose and say that she is seventy-two years of age and a resident of Lawrence County, Alabama, and a mother of claimant and that during the war she had frequent communications with her daughter and that she was always in favor of the Union and opposed to the rebellion. That she done all that she dare do to supply the cause of the Union. She was closely watched, and when she fed Union soldiers and layouts she would have to steal the food away to them and when she went to communicate to the soldiers and layouts she would represent that she was going to mill and would ride off. I know on one occasion she carried powder to a Union layout. And also that she sent my son and her brother-in-law into the Federal lines with their families and paid off John Spain money to take them and furnished them money to go on. Her husband was conscripted and examined for service and found unfit for military duty. He was assigned for hospital duty and remained in hospital when he returned home in a few days after he went into the Federal lines when he died. He was conscripted in I think in the winter of 1863 and died in 1864. I think he died at Nashville. He was a very delicate man, do not know that she ever owned any Confederate bonds or done anything to aid or assist the rebellion, but am satisfied she did not. I never knew her to be other than for the Union—every time we met and every letter we got from her and I think she was so reported to the Rebels or they certainly would not have treated her so badly, as they took everything she had and pilfered her house. And if she had been their friend I do not think they would have disturbed a lone woman who had no protection. All I know of her words and acts was strictly in favor of the Union and bitterly opposed to the rebellion. [signed x her mark] Elizabeth Baird.

 

Rachel A. Berry, recalled states that in 1863 on the raid of General Streight, through this section of country, they took three mules from me. The mules were not over six years of age. They were taken from the wagon as we were returning from Athens, Alabama, to Lawrence County, where we had been for groceries &c. for family use. There was an officer in command of the party who took the mules and I suppose a full company of men (soldiers) if not more. I begged of them not to take my mules as I had no means of returning home. They said that they were obliged to take them, as their stock was broken down and they had to have stock to move on—that they had to keep moving. The mules were worth at the least calculation one hundred and twenty-five dollars. In 1865, I think March 23rd or 24th, General Wilson’s command as they were passing through on their raid camped within about three miles of my place and remained one night and a portion of the next day and made their headquarters at the house of Samuel Spain which is a distance of about three miles from my place. And while there his soldiers took from my crib about three hundred bushels of corn, part shucked and balance unshucked. The officers who were his command said there was at least three hundred bushels taken. Four barrels of flour was taken which I had just bought, paying ten dollars per barrel in gold for them and the heads had never been broken. Twelve thousand pounds of fodder was also taken which was worth one dollar per hundred pounds. Sixteen bushels of sweet potatoes was also taken. The reason I know that there was sixteen bushels, was that I had them measured and placed in the cellar, and had not used any of them. Six hundred pounds of pork (bacon) was also taken from the smoke house, which was worth twenty-five cents per pound. The reason I know that I had six hundred pounds in smoke [house] was that I killed sixteen hogs in the fall and winter of 1864 and had supplied my family until 1865, the month of March, and know that I had fully six hundred pounds, if not more, as my family could not have consumed more than the difference. There was one hundred pounds of lard taken which was worth the same as bacon, twenty-five cents per pound. One barrel of molasses containing forty gallons was also taken which had never been opened which was worth one dollar per gallon. Four beef cattle was also killed, two steers and two heifers which at least calculation would have weighed one thousand pounds which was worth ten cents per pound. One hundred and fifty pounds of salt was also taken from the smoke house, which was worth ten cents per pound. I bought it at Selma for one hundred and fifty pounds in a sack and the sack had now been emptied. Over two bushels of dried fruit, peaches and apples was also taken, which was worth two dollars per bushel. One barrel of bolted meal was taken which was worth six dollars per barrel. I had one bridle and saddle taken which was taken from the entry worth about 15 dollars. Three and one half gallons of honey was also taken which was worth two dollars per gallon. Three head of goats was also taken which was worth two dollars each. Four head of horses was also taken ranging from three to seven years of age. Two was worth one hundred and fifty dollars each and two worth one hundred and seventy-five dollars each. The above was taken in my presence and I appealed to the parties taking what they did not to rob me of everything that I had. They said that they were obliged to take them, and if I would go and see General Upton, who was at general headquarters and I would get a portion of my horses back, if he did not need them. I went to find the General but could not, until I came to the conclusion that the soldiers were fooling me when I returned home, and never said any other officer in reference to what I had taken. I never received any pay in part or in full for any of the above specified property, nor did I ever receive a voucher. I do not know that there was a necessity for the taking of the property but think there must have been or they would not have taken it. I saw nothing that they had taken from me and other than what they fed their horses and cooked for themselves while on the place. Two of my horses were taken from the plow and two from the pasture, which was close by my house. They rode them off and led one. The other property was removed by being packed on horses and loaded in wagons and carried in the direction of their camps. I went to their camps early next morning, before they had left and asked for them, and they told me that they were in service and I could not get them. That they had a good many dismounted men who were obliged to be mounted. I regard that all the property that was taken was by the orders of officers, as there was officers present when it was taken. I think that it should be paid for by the United States Government as they had the use and benefit of it. [signed] Rachel A. Berry.

 

Questions in reference to property: Elizabeth Baird, mother of claimant, called in reference to property after being duly sworn, doth depose and say that she is about seventy-two years of age and a resident of Lawrence County, Alabama and a mother of Mrs. Rachel A. Berry. In the year 1863 (I think) Col. Streight’s command, who was raiding through the country, took from claimant three mules, which were young, I don’t know what they were worth, but they were mighty likely mules for which I am certain she never received no pay. And if she received a paper or voucher I should have heard it, which I never did. In the Spring of 1865, as General Wilson came through this section of country, they were on a raid and they came to claimant’s place and took a good smart of corn, don’t know how many bushels, some she had raised, and some she had bought, which was worth two dollars per bushel. Four barrels of flour was taken from claimant’s house, don’t know what flour was worth per barrel. Fodder was also taken, don’t know how much, but a good smart chance of it taken, don’t know what it was worth. Several potatoes were taken, don’t know how many bushels, or what they were worth per bushel. Bacon was taken, don’t know how much, but all she had was taken. Bacon was worth twenty-five cents. Lard was taken, don’t know how much, but I know it was in big jars, a good smart of them, and worth as much as bacon per pound. One barrel of syrup was taken, which was worth one dollar per gallon. Three or four beef cattle were killed and perhaps more. I am at such an age that my memory is defective. Have no idea as to what they would weigh, but they were very good beeves and I think fresh meal was worth 8 or 9 cents per pound. Salt was also taken—all she had. Do know that salt was pretty tolerably high then. Don’t know price per pound. She had dried fruit taken, don’t know how many bushels, don’t know the price per bushel. The fruit was dried apples and peaches. One barrel of bolted meal was taken, don’t know its value. Three gallons, I think, of honey was taken from under the house where it was stored in a jug, which was worth one dollar per gallon. Three goats were taken, don’t know their value. Four head of horses were taken, don’t know their age, and don’t know their value, except her riding horse which she was offered two hundred dollars for. At the time the property was taken I was on a visit to my daughter’s and I saw all the property to which I have testified taken. The corn was taken from her crib. Some was shucked and some was not shucked. The flour was taken from the house. The fodder was taken from the stable loft. Several potatoes were taken from the "tater" house. The bacon was taken from the smoke house. The lard was taken from the smoke house. The syrup was in a shed attached to the house. The salt (I think) was also in the shed. The dried fruit was in the house. The meal was in the passage, as she lived in a "double pin house." The honey was under the house. The goats was in the field or on the premises, somewhere about the place. The property was packed off on horses or "toted" off by the soldiers. There was officers present at the time it was taken. I don’t know that there was any necessity for taking it, but I do think the soldiers had orders for taking what they did as there was officers present when it was taken and saw it taken. When they left they all went one way, and I supposed they were going to their camps. That is all I know about it. [signed x her mark] Elizabeth Baird.

 

Lucy Ann Montgomery, called to prove property states that she is twenty years of age and a resident of Lawrence County, Alabama, married occupation—My husband is a farmer. In 1865, I was living in same house with claimant, and in the Spring of 1865, General Wilson’s command made a raid through this section, and camped within about three miles of claimant’s property and remained for one night during which time they visited the place of claimant and took about three hundred bushels of corn from out of the crib, about two-thirds of which was shucked, don’t know what corn was worth per bushel. Four barrels of flour was taken out of the smokehouse. Fodder was taken from the stable loft, don’t know the amount nor do I know the price per 100 hundred pounds. Sweet potatoes was also taken, don’t know the number of bushels, don’t know the price per bushel. About six hundred pounds of bacon was taken. I don’t know the price of bacon per pound. Lard was taken, don’t know the amount, nor the price per pound. One barrel of syrup was taken, the number of gallons I do not know, but was worth one dollar per gallon. I think that there was two steers and two heifers killed on the place. There were in good order and don’t know what they would weigh, and I don’t know the price per pound. Dried fruit was also taken, don’t know number of bushels. The fruit was apples and peaches, don’t know price per bushel. One barrel of bolted meal was taken, don’t know how many bushels or price per bushel. One bridle and saddle was taken from the entry. The saddle was a lady’s saddle, don’t know what they were worth. Honey was taken from the house, I think about three gallons. Three goats was also taken, the value I don’t know. In removing the above described property, it was taken away by being packed on horses and loaded in wagons, and some "toted" away by soldiers. I am the daughter of the claimant. I don’t know that there was any necessity for the taking of the property they did take. I don’t know that claimant ever received pay in part or in full for property so taken, but am satisfied that she did not. I was present and saw it all taken. Don’t know whether there was officers present at the time or not, but think there was. [signed x her mark] Lucy Ann Montgomery.

 

State of Alabama, Winston County: I, Robert P. Baker, Commissioner to take testimony in cases pending before "The Commissioner of Claims," no 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 Rachel A. Berry, of Winston County, Alabama, the claimant in this cause, and as a witness, and Samuel D. Spain, Elizabeth Baird and Lucy Ann Montgomery of Winston and Lawrence County, Alabama, as witnesses, came before me at Larissa, Winston County, on the 16th day of March, A.D. 1872, the said witnesses to testify in behalf of Rachel A. Berry, 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 9 day of April A.D., 1872. [signed] R.P. Baker, Special Commissioner, &c.

 

Remarks: Claimant is a widow. Her husband was in the Rebel service and a part of the property was taken in his lifetime. There is no evidence that the property taken either before or after the death of her husband was hers. She swears that the property was taken and her mother confirms her statement, and so does a girl now 20 years old.

On the other hand, special agent Richmond took the testimony of two respectable and disinterested witnesses, who state that claimant was a Rebel as well as her husband, that the Union army did not take the supplies charged, for she did not have them and that she is disreputable and her claim a fraud.

Her Attorneys decline to rebut this evidence and we therefore reject the claim.


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