Winston McNutt's Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Winston McNutt (2230) Allowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

1 mule

$125

$125

 

Totals

$125

$125

 

 

Remarks: The claimant fed and helped Union men who had to lie out in the woods and names several. He piloted General Wilson’s army for five miles when they were passing through the County in 1865. He voted for Union candidates. Two of his neighbors (one of whom was a Union soldier for three years) testify to his loyalty. We find him loyal. The mule was taken in March ’65 by two soldiers and took him off to the main body of the army then marching by. We allow the price claimed. [signed] A.O. Aldis, J.B. Howell, O. Ferriss, Commissioners of Claims

To the Honorable Commissioner of Claims, Under the Act of Congress of March 3rd, 1871, Washington, D.C.: The petition of Winston McNutt respectfully represents:

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

That he has a claim against the United States for property taken on the 24th day of March 1865 at the residence of your petitioner, Winston County, Alabama and used by the U.S. army as follows:

1 brown horse mule, 14 hands high, 4 years old, 2nd class ($125)

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 taken by General Wilson’s and conveyed south on their march to Selma, Alabama on the 24th March 1865 was taken out of my own hands by said General Wilson’s men.

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

That your petitioner resided at the time this claim accrued in Marion County, Alabama.

That Winston McNutt was the original owner of said claim, and that he has never transferred the same or any part thereof and is the present owner of the same.

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

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

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

Wherefore your petitioner prays for such action of your Honorable Commission in the premises, as may be deemed just and proper. [signed] Winston McNutt; Witnesses: [signed] Jonathan Barton and R.W. League.

State of Alabama, County of Winston: I, Winston McNutt, 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. [signed] Winston McNutt, Witnesses: [signed] Jonathan Barton and R.W. League

Sworn and subscribed in my presence, the 29th 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:

William Dodd, Sr., Larissa, Winston County, Alabama

Jonathan Barton, Larissa, Winston County, Alabama

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

Mandy Hyde, Thorn Hill, Marion County, Alabama

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

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

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

Comes now the Claimant before John C. Moore, Esq., Special Commissioner for the State of Alabama, and represents that he has heretofore filed with the above-named Commissioners a Petition for the allowance of a claim for property taken for the use of the army of the United States, which claim, as stated below, does not exceed the sum of 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:

One brown horse mule ($125)

That, as stated in the Petition referred to, the property in question was taken from or furnished by Winston McNutt, 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 commanded by General James H. Wilson, and that the persons who took or received the property, or who authorized or directed it to be taken or furnished, were the following: General James H. Wilson.

That the property was removed to the camps of the Union army, and used for or by the Union troops; 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:

William Dodd, Larissa, Winston County, Alabama

Jonathan Barton, Larissa, Winston County, Alabama

Simeon Tucker, Marion County, Alabama

Ephraim Barns, 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:

Amanda Hyde, of Thorn Hill, Marion County, Alabama

Mary A. Hyde, of Thorn Hill, Marion County, Alabama

Juliet A. McNutt, of Thorn Hill, Marion County, Alabama

The Claimant now prays that the testimony of the witnesses just designated be taken and recorded, at such place an at such time as the Special Commissioner may designate, at the reasonable cost of the 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 7th day of July 1874 [signed] Winston McNutt, Claimant; [signed[ C.S. Bundy, Attorney.

Before the Commissioners of Claims, Washington D.C.: Claim of Winston McNutt, Thorn Hill of the County of Winston and State of Alabama numbered 2230.

It is hereby certified that on the 22nd and 23rd days of January 1874 at the residence of Henry McNutt 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:

Winston McNutt, Claimant

Simeon Tucker, Witness

Ephraim Barns, Witness

Mary A. Hyde, Witness

Juliet A. McNutt, Witness

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

Witness my hand and seal this 23rd day of January 1874 [signed] John C. Moore, Special Commissioner.

1 – Winston McNutt, 54 years of age. I reside in the County of Winston, State of Alabama and have so resided from childhood up to the present. I am a farmer by occupation.

2 – I am the claimant.

3 – I was borned in the County of Lawrence, State of Alabama.

4 – I resided I the County of Winston for six months before the rebellion and so resided until the end thereof.

5 – They were on the Union side from the beginning to the end of the rebellion.

6 – I never did.

7 – I was, at any time.

8 – I did. I fed John R. Phillips, a U.S. soldier that had to lie out to keep the Rebel cavalry from catching and hanging him. He lay out at the back of my field and I packed him something to eat in the day time and in the night time. I frequently fed Union men and assisted them as they were going through into the Union lines. I was Major General James H. Wilson’s pilot through this country for 5 miles or more, as his raid passed through here about the 25th March 1865. I was feeding Union men and soldiers that was lying out to keep out of the surrender.

9 – None that I know of.

10 – I was not except as a pilot above stated.

11 – Nothing more than before stated.

12 – I voted against secession square out done all I could against it and have voted with the Republican party from the surrender until the present.

13 – I adhered to the Union cause from beginning to the end of the rebellion.

14 – I felt sad and sorrowful on the hearing of the Battle of Bull Run and Manassas and much rejoiced at the capture of New Orleans, fall of Vicksburg, and final surrender of the Confederate forces.

15 – John R. Phillips belonged to the U.S. army and as Col. Spencer’s 1st Alabama Cavalry raid passed through the country he kept the raid from coming by my house and wouldn’t let them take any rations or property from me because he knew me to be a loyal man. This was in October 1863.

16 – I have not.

17 – John R. Phillips, Simeon Tucker et al, some of them will be called, if I can get them, to testify to my loyalty.

18 – I can’t say I was. I kept a still tongue and said but little, therefore I was not threatened, or interrupted much by the Rebels.

19 – I never was.

20 – Nothing more than the foraged on me sometimes.

21 – Nothing more than before stated.

22 – I did not. Nothing more than before stated.

23 – The Rebel cavalry would come to my house and feed on me, without knowing, or asking whether I was, or was not willing for them to forage off of me. They would have it any how and this I could not help.

24 – I was not

25 – I was in none.

26 – I did not.

27 – I never did.

27 – I was not.

29 – I was not.

30 – I did not.

31 – I did not.

32 – I did not.

33 – I was not.

34 – I did not.

35 – I did not.

36 – I had 3 brothers, William, Peter, and Jesse McNutt. Jesse was about 42 years of age when he was taken, conscripted by the Confederate cavalry and put in General Roddy’s command (Confederate General). William was about 30 years of age, was conscripted and put into Rebel service in General Roddy’s command. Peter was also conscripted by the Rebel conscript officers at about 18 years of age and put in Rebel service in General Roddy’s command. William was put on picket as soon as he was put in service, was shot and killed. Jesse and Peter ran away from the Rebel service, came home and lay out until the surrender. They are both living here, near me at this time in Winston County, Alabama, Thorn Hill, P.O., Alabama. I done all I could to keep them out of Rebel service. I did not in any way contribute to their outfit and support.

37 – I have not.

38 – I never done anything for which to be pardoned for.

39 – I took the amnesty oath just after the surrender. I don’t recollect who administered said oath to me. I took it because I was willing to abide by the Constitution of the U.S. and the laws made thereunder.

40 – I was not.

41 – I was not.

42 – There was not.

43 – There was not.

44 – I voted against all candidates favoring secession from beginning to the end of the rebellion and I have voted for non but Republican candidates from that time up to the present.

45 – I did not.

46 – I was not and I furnished no substitute for the same.

47 – I was not

48 – I did not.

49 – I was not.

50 – I was not.

51 – I was not.

66 – I was. I got the mule from one of my neighbors 8 or 15 months before it was taken from me by the troops in Wilson’s Raid.

67 – The mule was taken at my residence on my farm situated in Winston County, Alabama. I own 160 acres of land, 30 acres are in cultivation, about 5 acres are wasteland.

68 – I never have filed a petition in bankruptcy, and I never have been declared a bankrupt.

72 – I was present and saw the mule taken, as named in my application.

73 – The mule was taken in day time about two hours by sun p.m.

74 – There was no officers present. There was only two soldiers. I tried to get them not to take my mule—told them that I had been piloting Major General James H. Wilson all day—that he didn’t take my mule and they ought not to do it. They said they were obliged to have him, mounted him and rode him off into the raid on the march. I followed them until I seen them fall in with the command.

75 – No receipts or vouchers was asked for, none was given.

76 – This is the first and only time I ever filed an application for payment for said mule.

77 – It was taken by troops on the march.

78 – I was present at home and saw said mule taken.

79 – The mule was 4 years old, 14 ½ hands high, in fine plight, a good saddle and plough mule and was worth in U.S. money at the time taken $125. I had owned him 8 months. He cost me just that much. He was taken on the 25th March 1865. The mule was taken by the troops of Wilson’s Corps, commanded by Major General James H. Wilson. As before stated the troops took the mule out of my yard, saddled him up, mounted him, and rode him off into the command on the march. I piloted said General that day several miles. He told me how many troops he had, but I don’t recollect. I saw a great many wagons, don’t know how many. General Wilson told me that day, that he was taking all the stock out of the country for the use of the army. Said he had brought a new broom and allowed to sweep clean. This led me to think that my mule was taken for the necessary use of the army of the U.S.

[signed] Winston McNutt. Attest: [signed] John C. Moore, Special Commissioner

1 – Simeon Tucker, 57 years of age. I reside in the County of Marion and State of Alabama, and have so resided for about 8 years and I am a farmer by occupation.

2 – I am no kin to the claimant and I am not interested in the success of his claim.

52 – In the favor of the claimant.

53 – I have known claimant intimately 30 years and upwards.

54 – I lived in 8 miles of him.

55 – I met him twice during the war. I saw him before the war many times.

56 – He and I never talked much about the war but I know he voted against secession and I am satisfied he was a Union man during the whole rebellion. I always took him to be a good loyal Union man.

57 – I do not know of anything he done from the fact I went into the Union army the 24th July 1862 and served therein until the final surrender. I have heard it said by good Union man that knew him all through the war that he was loyal to U.S. during the whole rebellion. I heard it said and I am fully satisfied that it is true that he piloted Major General James H. Wilson through a portion of this county as he passed through with his corps.

58 – I do not.

59 – I never heard of him saying or doing anything in favor of the Southern Confederacy and all I ever heard of him saying or doing was in favor of the Union cause. It was understood by the Union boys during the war that he was loyal &c.

60 – His public reputation was that he was loyal to the government of the U.S. I know it by hearing Ephraim Barns and George Gice speak of him as such and John Phillips and Any Rush, his neighbors during the war could testify to his public reputation as such.

61 – The above named persons and James Hackett and William Dodd, Sr., et al. I am satisfied that said persons could and would testify to claimant’s loyalty.

62 – I was. He did. He knew it by seeing me in the U.S. army. And he knew it by me joining the U.S. army in the year 1862 and serving therein until the final surrender of the Rebel forces.

63 – I know of none.

64 – I never heard of him saying or doing anything for the Confederate cause and all I ever heard of him saying or doing was in favor of the Union cause.

65 – I can’t say that I know any more than what I have said, except our Union boys said that claimant was a Union man during the rebellion.

[signed] Simeon Tucker; Attest: [signed] John C. Moore, Special Commissioner.

1 – Ephraim Barns, 61 years of age nearly. I reside in the County of Winston, State of Alabama and have so resided 17 years and upwards, and I am a farmer by occupation.

2 – The claimant is my brother-in-law.

52 – In favor of the claimant.

53 – I have known the claimant 17 years intimately.

54 – I lived in 4 miles of him during the rebellion.

55 – I can’t say how often, but I met him frequently.

56 – We talked oftentimes, about the war, before it came up, and afterwards. He voted against secession, done all he could against it, and talked and acted in favor of the Union cause (when he dare do it) from the beginning to the end of the rebellion and votes the Republican vote dead out to the present.

57 – It was said that claimant fed Union men and Union soldiers that was laying out and scouting through this section of country and that he piloted Major General James H. Wilson through this section of country when he come through with his army. He told me of these and many other acts of kindness he done for the Union cause which I am well satisfied he done as represented.

58 – I do not.

59 – I never heard of him saying or doing anything for the Rebel cause and as before stated all I ever heard of him saying or doing was in favor of the Union cause.

60 – His public reputation was that of loyalty to the Government of the U.S. I knew it by his talk, actions and deeds and I knew it by hearing his neighbors, William Dodd, Sr., and John R. Phillips speak of him as such and his neighbors, Simeon Tucker and R.L. Guthrie, et al, who could and would not doubt testify to claimant’s public and loyal reputation.

61 – The above named persons and Peter Weaver and Henry Weaver, et al, and I am satisfied that said persons can, and will testify to claimant’s loyalty during the rebellion.

62 – I was. He did. He knew it by my talk, my acts, and deeds. I have been proved before the Claims Commissioner to be a loyal claimant in Case No. 5606, Washington, D.C.

63 – I know of nothing except the Rebels foraged on him many times, and I think they hooked or stole a bridle from him.

64 – All I ever heard of him saying or doing was against the Rebel cause and as before stated was in favor of the Union cause.

65 – I don’t know of any more that I can think of at present.

[signed] Ephraim Barns; Attest: [signed] John C. Moore, Special Commissioner

1 – Mary A. Hyde, 36 years of age. I reside in the County of Marion, State of Alabama. I have so resided for 24 years. My occupation is that of housekeeping.

2 – I am no kin to the claimant, neither am I interested in the success of his claim.

72 – I was present at the house of Mr. Winston McNutt and saw the troops take the mule named in said application.

73 – In was taken in the day time.

74 – I heard Mr. McNutt beg the troops not to take his mule. The troops said that if they didn’t take the mule someone else would get it and that they might as well have it as anyone else. There was no officers present. There was only 2 soldiers that took the mule. They told Mr. McNutt if he would come to their camp, he could get a showing for his mule.

75 – No receipts or vouchers were asked for, none was given.

76 – If any payment has ever been made for that mule I never heard of it, and if any payment for said mule has ever been asked for from any source whatever until this present application, I never heard of it.

77 – The mule was taken by troops on the march.

78 – I was present and saw the mule taken, as named in said application.

79 – I was as before stated at the house of claimant, in the County of Winston, State of Alabama. His mule was tied in his yard. I don’t know how old his mule was but I am satisfied it was a young mule. It was in good order. It was a good work order. It was a good work and saddle mule, medium size and heavy made and was worth at the time taken in U.S. money $125. The mule was taken by troops belonging to Wilson’s Raid as was said, or Wilson’s corps and commanded by Major General James H. Wilson on the 25th March 1865. There was only 2 soldiers that took the mule. They come into the yard, loosed the mule from where he was tied, saddled him, mounted and rode him off to the command as I supposed on the march. I saw these two soldiers at the house and a great many more, don’t know how many men there was in the raid. The soldiers that took the mule went up in the direction the army was marching. The soldiers that took the mule said they wanted him for the use of the army. This caused me to think that it was by order of the army officers the mule was taken and was for the necessary use of the army of the U.S. [signed x her mark] Mary A. Hyde; Attest: [signed] John C. Moore, Special Commissioner

1 – Juliet A. McNutt, 52 years of age. I live in the County of Winston, State of Alabama. I have so resided for 30 years. My occupation is that of housekeeping.

2 – The claimant is my husband.

72 – I was at home and saw the mule taken.

73 – It was taken in the day time.

74 – My husband had just returned home from piloting Major General James H. Wilson and his Corps through this neighborhood, had just rode up, tied his mule, and was telling us about the army. Two soldiers came up and told him to give up his mule. He begged a long time for his mule. They said they were obliged to have him to carry up to the camps. That if he would go up there he could get a receipt for him (the mule).

75 – No vouchers or receipts were asked for, for said mule, none was given.

76 – This mule has never been paid for, from any source whatever and this is the first time that any pay has ever been asked for from any source whatever (so far as I know or believe) for said mule.

77 – It was taken by troops on the march.

78 – I was at home and was present and seen the troops take said mule.

79 – My husband had just got home and tied his mule in the yard. The troops rode up and told him to give up his mule. He begged for his mule, but the carried it off to the army or the command which was then passing by, a short distance off. They told my husband if he would go to camps, he could get a receipt or voucher for said mule. The mule was a young mule about 4 years old was medium size, heavy set, in fine fix, and was a good work and saddle mule and at the time taken was worth $125 in U.S. money. I only seen 4 soldiers, 2 of which took said mule. They come into the yard, saddled up the mule, mounted him, and rode him off up towards the Byler Road, when the main army, as was said, was passing on through this country. The soldiers said they were obliged to have the mule for the use of the army. They was the troops took the property as they went on through the country caused me to believe that it was by order of the army officers it was done and was for the use and benefit of the U.S. army. The mule was taken on the 25th March 1865 by the troops of Wilson’s Corps command by Major General James H. Wilson. [signed] Juliet A. McNutt; Attest: [signed] John C. Moore, Special Commissioner

The United States to Winston McNutt of Alabama. For the amount allowed him by Act of Congress, Private No. 124 approved August 14th, 1876, entitled “An Act making appropriations for the payment of claims reported allowed by the Commissioner of Claims under the Act of Congress of March 3rd, 1871:” The sum of $125. Payable in care of Stilson, Bundy and Webster, Washington, D.C. Treasury Department, Second Comptroller’s Office, October 13, 1876, [signed] T. Mitchell, Clerk. Treasury Department, Third Auditor’s Office, October 9, 1876. [signed] Thomas Frayze, Clerk

Note: The Winston County Register of Deaths reported Winston McNutt died 30 Jun 1906 at the age of 85; the same Register reported Mrs. Winston McNutt died 29 Jun 1907. The Register reported they were buried in the Boar Tush Cemetery.


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