Richard Ellis' Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Richard Ellis (20127) Allowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

75 bushels of corn

$112.50

$75

$37.50

400 pounds bacon

$80

$80

 

600 pounds fodder

$12

$6

$6

3 bushels meal

$4.50

$3

$1.50

10 gallons molasses

$10

 

$10

Totals

$218

$164

$54

 

Remarks: The claimant resided when the war broke out in Lawrence County, Alabama. In 1863 he moved to Winston County where he remained throughout the war. He swears that his sympathies were always in the Union side—that he aided Union men with provisions where were hiding away to keep out of the army. He was a cripple and that kept him out of military service—was four times arrested by the Confederates. He gave no aid to the Confederacy. His witnesses testify in strong language to his Unionism. The supplies were taken by General Wilson’s troops when on a raid in March 1865. No vouchers or receipts were given. We recommend the payment of $164. [signed] A.O. Aldis, O. Ferriss, J.B. Harrell, Commissioner of Claims

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

The petitioner of Richard Ellis, respectfully represents: That your petitioner is a resident of the county of Winston, in the State of Alabama; that his post office is Clear Creek Falls in said county and State; and that at the item his claim and each item thereof as herein set forth accrued, he was a resident of the County of Winston and State of Alabama, that he is the original owner of said claim; that he has never sold, assigned or transferred the same or any part thereof to any person; that no mortgage, bill of sale or other lien of like nature has at any time rested upon it, or any part thereof, nor has it been attached or taken in execution; that the same has not been paid by the United States or any of their officers or agents, nor have the United States any legal offset against the same or any part thereof; that he is the sole owner of the said claim, no other person being interested therein; that said claim does not contain any charge for property which was destroyed or stolen by the troops or other persons; that the rates or prices charged are reasonable and just, and do not exceed the market rate or price of like stores or property at the time and place stated; all of which your petitioner states of his own knowledge.

Your petitioner further states that he is now and was at the time the several items of his said claim accrued, as stated therein, a citizen of the United States; that he remained a loyal adherent to the cause and Government of the United States, during the war of 1861 &c; and was so loyal before and at the time of the taking or furnishing of the property for which this claim is made.

And your petitioner further represents, and of his own knowledge states, that on the 25th day of March, A.D. 1865, at his residence in the State of Alabama, the following property or stores were taken from your petitioner for the use of the army of the United States, and for which payment is claimed, viz:

75 bushels of corn ($12.50); 400 pounds of bacon ($80); 600 binds of fodder ($12.00); 3 bushels of meal ($4.50); 10 gallons of molasses ($10).

Which said property or stores being of the kind, quantity, quality and value above stated was taken by Wilson’s army, belonging to the Department of the United States Army, in the service of the United States, who, as your petitioner has been informed and believes was stationed on a march under the command of Major General Wilson, who at that time had command of the United States forces in the District in which said property was taken or furnished.

And your petitioner further represents that he has been informed and believes that the said stores or property was taken from your petitioner as above stated and removed to camps 3 miles from his residence. For the use of the [command]; that at the taking of said property, or stores, no vouchers, receipt or other writing was given therefor by the person taking the same as aforesaid or received at any time by your petitioner.

Your petitioner further states that he property within and above mentioned has never been presented to Congress or to any office or agent of the United States and that no action or decision has been had in regard to the same.

Your petitioner hereby constitutes and appoints Thomas C. Fullerton, Attorney-at-Law, of Washington, D.C., true and lawful attorney, with full power of substation and association, to prosecute this his claim, and to receive a draft payable to the order of your petitioner for such amount as may be allowed, and to do all acts necessary and property in the premises.

Your petitioner therefore prays that his said claim may be examined and considered under the provisions of the Act of Congress approved 3rd March 1871, dated this 4th day of February 1873. [signed] Richard Ellis. Witnesses: [signed] George Johnson and William Wallis

State of Alabama, County of Walker: Richard Ellis, 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 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. [signed] Richard Ellis.

Sworn to, and subscribed before me this 4th day of February 1873 and I certify that the affiant is to me personally known, and that I read over to him this affidavit before he made oath thereto.

I rely upon the following witnesses, and others, to prove my loyalty:

Thomas Boteler, residing in Winston County, Alabama

Harvey McCollum, residing in Winston County, Alabama

And also expect to prove the other facts alleged in the foregoing petition by

Ellen Ellis, residing in Winston County, Alabama

John Wilson, residing in Winston County, Alabama

My Post Office address is Clear Creek, Winston County, Alabama

My Counsel is Thomas C. Fullerton, Esq.

[signed] Richard Ellis

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

In the matter of the Claim of Richard Ellis of Clear Creek, in the County of Winston and State of Alabama.

Comes now the Claimant before A.B. Hays, Esq., Special Commissioner for the State of Alabama, and represents that he has heretofore filed with the above-name Commissioners a Petition for the allowance of a claim for property taken for the use of the army of the United States, which claim, as stated below, does not exceed the sum of five thousand dollars.

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

75 bushels of corn ($112.50); 400 pounds of bacon ($70); 600 pounds of fodder ($12); 3 bushels of meal ($4.50); 10 gallons of molasses ($10).

That, as stated in the Petition referred to, the property in question was taken from or furnished by claimant, of Winston County, in the State of Alabama for the use of a portion of the army of the United States, known as Wilson’s Cavalry, and that the person who took or received the property, or who authorized or directed it to be taken or furnished, were the following: a portion of General Wilson’s cavalry.

That the property was removed to camps on the road near Clear Creek Falls, and used by said command; all this on or about the 25th day of March, in the year 1865, as appears by the petition presented to the Commissioners.

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

Thomas Boteler, of Winston County, Alabama

Harvey A. McCollum, of Winston County, Alabama

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

Ellen E. Ellis, of Winston County, Alabama

Thomas Boteler, of Winston County, Alabama

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

Submitted on this 9th day of February 1878. Richard Ellis, Claimant; Thomas C. Fullerton, Attorney.

Before the Commissioners of Claims, Washington, D.C.: Claim of Richard Ellis of the County of Winston and State of Alabama, numbered 20127.

It is hereby certified that on the 9th day of February, 1878, 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:

Richard Ellis, Claimant

Thomas Boteler, Harvey A. McCollum, Ellen E. Ellis, 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 is 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 o the deposition.

Witness my hand and seal this 9th day of February 1878. [signed] A.B. Hays, Special Commissioner

1 – My name is Richard Ellis, age 49 years. My residence has been near Clear Creek Falls, Winston County, Alabama ever since August 1863, occupation farming.

2 – I am the claimant.

3 – I was born in Morgan County, Alabama

4 – I was residing near Moulton in Lawrence County, Alabama for six months before the outbreak of the rebellion and my business was farming. I resided in Lawrence County, Alabama as I said before, until August 1863, when I removed to near Clear Creek Falls in Winston County, Alabama. One of my reasons for removing to Winston County, Alabama was to avoid being trouble with persons opposed to the cause of the United States in the war and to get to a place where myself and family could enjoy ourselves in quietude and peace if possible.

5 – My sympathies were really on the Union side from the beginning to the end and during the war.

6 – No.

7 – Yes, I was.

8 – Yes. I have carried out rations out in the forests and way places to feed union men a great many times. I can’t remember dates but it was mostly during the last eighteen months of the war near and about where I now live. Moses McCollum, Stephen McCollum, James Ellis, Russell Brown (now dead), James Roberts, Wilson Avery, Jesse Avery, Thomas Boteler, Benjamin Boteler, William Boteler. James Ellis was the only one related to me, except Moses McCollum who was related to me by marriage. Those were among the many Union men I fed and otherwise aided during the war.

9 – I really don’t know, some of my relatives, James Ellis and Moses McCollum were Union scouts, but I don’t know any particulars of it.

10 – No.

11 – No. I had no opportunity except to feed and aid Union men.

12 – I took the Union side and voted for delegates in favor of the Union.

13 – I adhered to the Union cause.

14 – My feelings were all the time in favor of the Union and at the final surrender of the Confederate forces I felt free and happy once more, and rejoiced in the triumph of the Union cause.

15 – None, except General Wilson’s men treated me very kind and friendly in a personal way.

16 – I have taken two or three oaths but don’t know about “Iron Clad oath.”

17 – When I lived in Lawrence County, near Moulton, Alabama, until I removed to this county, Henry Warren, Joe Wrigley, Alex Montgomery, Frank Walker and Hon. J.H. McDonald and Hon. Thomas M. Peters were among the best Union men of my vicinity. I have not now called any of them as witnesses, because they reside too far away. Among the best Union men of the neighborhood where I removed to and now live near Clear Creek Falls in Winston County, Alabama are Thomas Boteler, Stephen McCollum, Jesse Avery, Wilson Avery, Robert Avery, Charles M. Hinsley, Moses McCollum, Washington Curtis (now dead), Nathan Montgomery and others. Thomas Boteler and Moses McCollum are called to testify to my loyalty.

18 – I was taken up by the Rebels at Jasper, Alabama because of my Union sentiments, but being a cripple, they released me—was taken up a second time and release in same manner.

19 – I was arrested four times by Rebel officers and soldiers, first at Savannah, Tennessee by rebel Col. Biffle, while trying to get two bales of cotton through to the Union side. This was about November 1862 as well as I remember; was kept under arrest about twenty hours. I was released through the instrumentality of some old citizens near Savannah, Tennessee. The second time near my home in Winston County, the third and fourth times at jasper, Alabama and was released each time because I was a cripple.

20 – No. Nothing more than a little corn and tobacco.

21 – No.

22 – No.

23 – Nothing more than the Rebels made me drill and muster a little after conscripting me, but after releasing me, I failed to report to them again. This was in Lawrence County, Alabama in the spring of 1862.

24 – No.

25 – No.

26 – No.

27 – No.

28 – No.

29 – No.

30 – No.

31 – No.

32 – No.

33 – No.

34 – No.

35 – Yes. I received a pass from the Rebel Col. Biffle near Savannah, Tennessee through the influence of some old citizens near that place.

36 – Yes. I had four brothers in the Rebel service for a while. Their names: Andrew J. Ellis, George W. Ellis, William Ellis, and James Ellis. Don’t know their exact ages when they entered the Rebel service, but they were all over twenty-one years of age. They were all forced into the confederate army. Brothers James Ellis, George W. Ellis, and William Ellis all ran away from the Rebels and were good Union men and say they are so yet. We all talked about it, and were all opposed to any kind of service for the Confederacy. I was opposed to their going into the Rebel army. I did not aid them any while in the Rebel service.

37 – No.

38 – No.

39 – I taken the oath of allegiance near my present home by a registering officer just after the war in 1866 or 1867.

40 – No.

41 – No.

42 – No.

43 – No.

66 – I was the owner. I raised the property.

67 – The property was taken from my house. I had no farm then.

68 – No.

[signed] Richard Ellis, Attest: [signed] A.B. Hays, Special Commissioner

1 – My name is Thomas Boteler, age a little over fifty-eight years. My residence is near Clear Creek Falls, Winston County, Alabama where I have resided for the past nearly eighteen years or ever since the year 1860. My occupation is farming and tanning.

2 – I am not of kin to Richard Ellis, the claimant, nor interested in the success of his claim.

52 – In favor of Richard Ellis.

53 – I have known Richard Ellis ever since the year 1859 about nineteen years. I have know him very intimately ever since August 1862 or about sixteen years.

54 – I lived within four or five miles of Richard Ellis for the greater part of the war time. Mr. Ellis having returned from Lawrence County, Alabama to this Winston County, in the earlier part of the war.

55 – I can’t tell how often I met him during the war, but was in his company very frequently.

56 – Yes. We conversed several times about the war. We talked at my house, at several places, in the woods and on the roads. It was all along during the war, mostly toward the latter part of the war. I cannot now remember the names of persons who were present. I think Dr. William A. Boteler was present and also Benjamin Boteler, during several conversations. I can’t remember the dates. The existence of the war, and the hard times, and troubles brought on Union men by secession was mainly the causes of conversations. Mr. Richard Ellis always talked strongly in favor of the Union, but I cannot remember his words.

57 – Yes. He joined a secret Union society and always expressed himself in my presence as a strong Union man. This was in the second year of the war as well as I now remember, near Clear Creek Falls, Winston County, Alabama. This about all that I now remember except his general actions and manners always being on the Union side.

58 – No, I do not.

59 – I cannot now remember anything particularly, only he was considered a strong Union man in the neighborhood.

60 – He was considered and believed to be a strictly loyal Union man by all who knew him intimately. I know his public reputation by having lived near to him for nearly the whole time of the war. I have heard Moses McCollum, Stephen McCollum, Harvey A. McCollum, Dr. William A. Boteler, Benjamin Boteler, C.M. Hinsley and several others, I cannot remember clearly which among all the Union men of our vicinity—I believe all of these men and several others of the neighborhood could testify to the public reputation of Richard Ellis among whom are Jesse Avery, Wilson Avery, Robert Avery, William R. Cole, Nathan Montgomery, William H. Hyde, William V. Curtis, and Benjamin F. Curtis, all could testify to his public reputation and loyalty to the United States during the war, to the best of my knowledge.

61 – William H. Hyde, William V. Curtis, Benjamin F. Curtis, Dr. William A. Boteler, Benjamin Boteler, Nathan Montgomery, Harvey A. McCollum and sons and others. I think all of these men could testify to Richard Ellis’ loyalty during the war.

62 – Yes, I was. Claimant knew me to be such by my conversations with him and hearing me express myself a great many times in favor of the Union cause and in opposition to the rebellion.

63 – I cannot now remember.

64 – All his talk and actions so far as I know were against the Confederacy. He always expressed himself in favor of the Union.

65 – I cannot now remember anything more with certainty.

[signed] Thomas Boteler, Attest: [signed] A.B. Hays, Special Commissioner

1 – My name is Harvey A. McCollum, age a little over seventy-three years. My residence is now about twelve miles west of Jasper, Walker County, Alabama to which place I remember some ten years ago from Winston County, Alabama. My occupation is farming.

2 – I am not of kin to the claimant, nor interested in the success of his claim.

52 – In favor of Richard Ellis.

53 – I have known Richard Ellis intimately for about nineteen years.

54 – I lived about four miles from Mr. Richard Ellis for nearly the whole time of the war.

55 – I met or saw him every week and two weeks and some times oftener.

56 – Yes, often. We were more together toward the latter part of the war. We talked together about the war sometimes at my house, sometimes at claimant’s house and sometimes in the woods. It was sometimes in presence of Thomas Boteler, William Lemons, Isaac Bennett and others, I can’t remember all. The cause of our conversations was because we were so strongly opposed to the rebellion and its bad effects. Richard Ellis opposed the war and secession on all occasions, he said it was wrong, a bad thing, and was very strongly opposed to the Rebel side. He done all he could to keep men out of the Rebel army, and I have heard him and know that he did refuse to assist any persons who were preparing to go into the Rebel army.

57 – Yes, I know that he fed union men many times during the war, and he often plead with men to keep them out of the Rebel army and he always gave Union men [aid] when he could and when there was danger of the Rebel cavalry carrying them off by conscript. He did so because he was a Union man and opposed to the rebellion. I can’t remember the dates, but it was all along during the war.

58 – I do not, and never heard of him doing anything against the Union cause. He was an unwavering Union man.

59 – I have heard Reuben Reeves, Wilson Avery, Jesse Avery, William R. Cole, Thomas Boteler, Robert Avery, and Jesse Bennett and others talking about Richard Ellis at a great many different times. I can’t remember the dates, but it was all along through the war time, and since the war. They said that he was as firm a union man as they know, and that they believed Richard Ellis stood up to his Union principles as strong as any Union man in the country. I can’t remember dates.

60 – Mr. Richard Ellis was esteemed as a strong Union man during the whole war, and was not known to be otherwise. I knew almost every man in Winston County during the war, and there was no better Union man than Richard Ellis. I knew this because I lived nearby him, had a great deal of talk with him, and the people and neighbors about him. I have heard William Tucker, Jesse Avery, Wilson Avery, Robert Avery, Richard Lane, Thomas Boteler, William R. Cole, William Bryant and others speak of it. All of these men could testify to his loyalty to the Union, and to his public reputation.

65 – I don’t know that I could state anything more. Only that Richard Ellis was an undoubted Union man during the whole war, and every person who was acquainted with him knew him to be a strong Union man. [signed] Harvey A. McCollum, Attest: [signed] A.B. Hays, Special Commissioner

Testimony of Richard Ellis as to property:

72 – Yes. My wife and myself were from home when the soldiers came, but arrive home while they were taking the property. I actually saw corn, bacon, fodder and molasses taken by those soldiers.

73 – The property was all taken in day time.

74 – I talked to some officers about it but did not know their names, rank, or regiment. They said they were necessarily compelled to have it, and that provisions would be made to pay the loyal people.

75 – No. I did not know anything about such things as vouchers, and did not think of vouchers or receipts. The times were so hard we did not think about anything but getting something to live on.

76 – No, to all.

77 – the troops were on a march toward Selma, Alabama but they had encamped for one night near Clear Creek Falls, and about a mile or more from my residence.

78 – I saw the corn taken. I saw a part of the bacon taken. I saw some of the fodder taken. I saw some of the molasses taken. I did not see the meal taken but it was gone together with my sacks when I arrived home.

79 – 1) Some of the corn was shucked and some had the shuck on. Some of it was in my crib and some in the loft of my house. 2) It was at my residence near Clear Creek Falls, Winston County, Alabama. 3) There was at least seventy-five bushels of the corn to best of my knowledge. I had measured eighteen bushels of the corn and put it in the loft. The corn in the crib I had to guess at from the dimensions of the crib, and put it down to the very best of my knowledge at about fifty-seven or fifty-eight bushels. 4) It was all very good and sound corn. 5) It was worth at that time in United States money at least one dollar and twenty-five cents per bushel. The property was taken on the 25th day of March 1865 to best of my recollection. 7) The property was taken by General Wilson’s Cavalry. I don’t know any officer’s names or any regiments. 8) The troops had no weapons at my house but taken the property on their horses, corn in sacks and sheets &c taken from my house and molasses in vessels of one sort and another taken also from my house. They carried the property all away on their horses. 9) There we re about three hundred or more of the soldiers at my house. They were from about three to about six o’clock in taking off the property and removed it to their camp about a mile or more from my home where they stopped for the night. I believe there were some officers present, judging from their uniforms. 10) Some officers, I did not know their names or ranks, informed me on the evening that they were compelled to take such property to feed their horses and soldiers and on that account I believe it was necessary for the use of the army.

1) The bacon was good well fatted. There was about eleven clean sides, seven or eight hams and some small pieces and it was at my residence. 2) There was about four hundred pounds of it. 3) The sides would have weighed about thirty or thirty-five pound each and [were] something like twelve or fifteen pounds each to my best judgment. 4) It was real good corn fed bacon and well dried. 5) It was worth at that time to the best of my knowledge about twenty cents per pound. It was taken at the same time and in the same manner as the corn was taken and by the same soldiers and removed to the same place and used by them at their camp for the night.

The fodder was in an old house close by my residence and was good, sound and very nice fodder. There was about six hundred pounds of it, to the best of my knowledge. I had put away fourteen hundred binds and had used a little over half of it, and I supposed the binds would weight about least two pounds each. It was worth at that time to the best of my knowledge in United States money about 2 cents per pound. It was taken at the same time, by the same soldiers and in the same manner as the corn and bacon.

The meal had been ground for bread and was a good article. There was three bushels of it as well as I can remember now. The meal had been measured and put away at my home for family use. The meal was worth at that time about one dollar and fifty cents per bushel to the best of my knowledge in U.S. money. It was taken at the same time and place and in the same manner by the same soldiers as the other property.

The molasses were made from sorghum and we supposed there were ten gallons to the best of our knowledge and were considered good molasses. The molasses were worth at that time about one dollar per gallon in this county in United States money and were taken at the same time and in same manner as the other property by said command and removed to where they had encamped for the night near Clear Creek Falls in this county and I believe it was necessary for the use of the army, as it appears that they had to have something to eat and feed their horses.

[signed] Richard Ellis, Attest: [signed] A.B. Hays, Special Commissioner

1 – My name is Ellen E. Ellis, age forty-five years. My residence is with my husband near Clear Creek Falls, Winston County, Alabama where we have resided since August 1863 to the best of my recollection.

2 – I am wife of claimant and interested as follows, that if the claim is allowed him, it will aid him to support his family.

72 – Yes. I actually saw corn, fodder, bacon and molasses taken.

73 – It was all taken in day time.

74 – I do not know.

75 – I do not know.

76 – No, to all.

77 – The troops were on a march or raid south, but had encamped for the night in our vicinity near Clear Creek Falls.

78 – I saw corn, bacon, fodder and molasses taken, as well as I remember the meal was all taken when we arrived home.

79 – 1) The corn was part in the shuck and the balance husked, part in the crib and part in the house loft. 2) It was at our residence near Clear Creek Falls, Winston County, Alabama. 3) There was about 75 bushels of the corn as well as we could guess at it. 4) It was all very good corn. 5) It was worth at that time about one dollar and twenty-five cents per bushel in United States money. The corn we bought in place of it cost us over one dollar and fifty cents and up to two dollars per bushel. 6) The property was taken about the 25th day of March 1865, to best of my recollection. 7) It was taken by General Wilson’s Cavalry. I don’t know the names of any of the officers. 8) We was not at home when the soldiers first came. They were taking the property when we arrived home, taking the corn in sacks, molasses in vessels taken from our house, and carried the property away to their camp on horseback. 9) I would suppose there was about three hundred and fifty of the soldiers at hour hose, as well as I can guess at the number, all on horseback. I suppose they were about three hours in taking away the property. They carried it all to their camp, for the night, near Clear Creek Falls, and about a mile and a half from our house. 10) I did not know the officers, but suppose there were some officers present. I believe the taking of the property was necessary for the use of the army from the fact that the soldiers it seems could not do without eating, nor the horses without feed.

1) It was good well dried bacon, some clear sides, some hams and a few pieces. 2) It was at our residence. 3) There was some four hundred pounds, more or less, as near as we could judge from the number and size of pieces. 4) Bacon at that time was worth, as [far] as I know, about twenty cents per pound in United States money. It was good fodder as well as I know about it. There was about six hundred binds of the fodder as well as I can guess at it and I suppose it was worth about two cents a bind in U.S. money at that time. The fodder was in an old house near our residence.

There was three bushels or more of the meal as well as I remember. It was good corn meal prepared for bread. I don’t know what the meal was really worth at that time but suppose it would be worth about one dollar and fifty cents in United States money.

The molasses were made from sorghum cane, and were in a barrel. We supposed there was about ten gallons of the molasses, worth at that time in U.S. money about one dollar per gallon.

This property was all taken at the same time and from the same place and by the same soldiers that taken the corn, and by them removed on their horses to their camps for the night near Clear Creek Falls in our neighborhood, and I suppose there consumed. I suppose it was all for the necessary use of the army as I said before. [signed] Ellen E. Ellis, Attest: [signed] A.B. Hays, Special Commissioner

Testimony of Thomas Boteler:

72 – I was not present.

73 – I do not know, but owing to the time of the passing of the troops, I would suppose it was taken in day time.

74 – I do not know.

75 – I do not know.

76 – None that I know of, I never heard of any payments being made.

77 – The troops were on a march or raid south, but had encamped in our neighborhood for the night.

78 – I was not present when any of the property was taken. I am satisfied that Richard Ellis had such property. I was at his house the next morning and saw signs of the taking of the property.

79 –I suppose from all circumstances, that the property alleged to have been taken as stated in the petition, was taken by General Wilson’s Cavalry some time in March 1865 from Mr. Richard Ellis’ house near Clear Creek Falls in Winston County, Alabama and carried by them to their camps, for the night, near the Clear Creek Falls, and used by them. I am well satisfied from the public reputation of said Richard Ellis for truth and veracity, that whatever statements he may or has made concerning the property taken and mentioned in his petition are correct and true to his best knowledge. I am well satisfied that Richard Ellis did have and own the property charged for in his petition, and that the same was taken by General Wilson’s Cavalry, and used by them as necessary rations. [signed] Thomas Boteler, Attest: [signed] A.B. Hays, Special Commissioner

Office of the Commissioners of Claims, Washington, D.C., June 22, 1877. The Commissioners do hereby appoint the Judge of Probate of Houston in the State of Alabama to be a Special Commissioner under the act of Congress approved May 11, 1872 to take testimony in support of the claim of Richard Ellis of, or from, the State of Alabama, numbered 20127.

The Commissioners require all concerned to take notice that no testimony taken under this authorization will be admitted in evidence unless the same appears to be taken in strict conformity to the appended rules of the Commissioners for taking testimony to be used before them, and the testimony taken indicates that an honest and intelligent effort has been made by the Special Commissioner to bring out the truth, the whole truth, and nothing but the truth from each witness under examination.

By the Commissioners: Charles F. Benjamin, Clerk.

The United States to Richard Ellis: For the amount allowed him by Act of Congress, Private No. 183 approved March 3, 1879, entitled “An Act making appropriations for the payment of claims reported allowed by the Commissioners of Claims under the Act of Congress of March 3, 1871:” One hundred and sixty-four dollars ($164). Payable in the case of Thomas C. Fullerton, Washington, D.C. Treasury Department, Second Comptroller’s Office, March 18, 1879, [signed] William A. Saxton, Clerk. Treasury Department, Third Auditor’s Office, March 12, 1879, [illegible], Clerk

Note: Richard Ellis was born 4 Feb 1829 and died 1 Feb 1898. He was buried in the Bennett Cemetery.

The Winston Herald, 11 Feb 1898

Obituary. In Memory of Rev. Richard Ellis. The deceased was born Feb 4th, 1829—died Feb 1, 1898.—Age, 68 years, 11 months and 27 days. He was born in Lawrence county, Ala., married to Miss Ellen E. Bennett, December 1853. To this union there was born four sons and five daughters. One son and one daughter preceded him to the glory land. He professed faith in Christ fifty years ago. He walked with and talked with God for half a century. He first united with the Cumberland Presbyterian Church, and was licensed to exhort and preach by that church. At the close of the civil war the Cumberland Church became extinct in the mountains of North Alabama. He then united with the Methodist Episcopal Church, South, and was by them licensed to exhort and preach—which he did as long as he was able. He was also a Master Mason—a member of the Hilton Lodge, No. 419, when he died. He was a very devoted Christian and an honorary member of the Lodge for life.

By his request I (having been an intimate and personal friend) preached his funeral before a congregation of some 100 or 150 people, then buried him with Masonic Honors. I have been personally acquainted with the deceased for 39 years. Have never known nor heard of his refusing to stand up for God and Christ when requested to do so, nor fail to bend the knee in humble prayer for himself and any one who desired his prayers. He was a dear lover of prayer meetings and a supporter of the Sunday Schools, favored all religious enterprises. His motto was, “the World for Christ,” We have met in protracted and revival meetings, have rejoiced together, prayed, preached and exhorted together for many long years. His labor of love has ceased and his works will follow him.

While afflicted his suffering was great, caused by a burn when a child. He suffered all through life but not so intense until the last two years. He bore them with much Christian fortitude. While suffering he would commune with God and would rejoice and shout God’s praise. He said to the writer that he had shouted many times in church when he was not as happy as he had been on the bed at home so badly afflicted. He leaves a wife, three sons, and four daughters to mourn with a host of friends, besides the religious world. I would say to wife and all: Bro. Ellis is gone to that house not made with hands eternal and in the heavens. He used to talk so much about Christ going to prepare a mansion—He has prepared one for Father Ellis and he has entered in to remain until Christ shall call the body from sleep, then all who love and serve Him will meet Bro. Ellis and Christ in the air—so shall we ever be with the Lord. He was interred in the family grave yard near Bro. James A. Bennett’s. [poem] Written by James Hilton at the request of the deceased.


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