Toney Axson – Southern Claims Commission

Remarks: The claimant was a free born colored man was a blacksmith. Resided in Liberty County Ga. The proof shows he was loyal to the Union throughout [few words blocked] had accumulated considerable property. His blacksmith shop was at Riceboro. His wife lived five miles from there on the plantation of Edwd [Edward] Delegal. Part of the property was at Riceboro & part of it on [De]Legal’s place. It was taken in Decr 1864 by the Union Army. The claim has been investigated on the spot by one of our agents & his report is herewith filed. It is favorable to the claim to some extent. The proof shows all the property charged on the opposite page taken. Items 2-8 & 9 are either not army supplies or no proof they were taken for army use. Instead of 8 cows, there were 5 cows & three calves. The quantity of corn taken may be slightly over estimated. It will be seen by our agent’s report that the prices charged are by far too great. We recommend the payment of $486.

A.O. Aldis
O. Ferriss
J.B. Howell } Commrs [Commissioners] of Claims

[Transcriber’s Comments: Another version of the claim included the items grouped together in #11 above: 1 plate, 1 doz. Knives & forks, 1 silver watch, gold & silver [word illegible] 1 doz. Plates, 1 doz. Tumblers, 1 sauce pan. Also, this claim (unusually) named officers involved in taking the property: Col. Murray, Col. Jordan, Capt. Hancock, all of the cavalry.]

Testimony of Claimant 

In answer to the First General Interrogatory, the Deponent says:

My name is Tony Axon, my age 50 years, my residence Liberty County, in the state of Georgia, and my occupation a blacksmith; I am the claimant and have a beneficial interest in the claim.

1. What is your name, age, residence, and occupation?

My name is Toney Axon. I was born in Liberty County Georgia. I was born free. My mother belonged to Joseph Hargraves [alt: Hargreaves] and he gave her her freedom and that made me free. I don’t remember when it was, for I was young. I am 50 years old. I live now at Riceboro. I am a Blacksmith, but I farmed some too. I am the claimant in this case.

2. Where did you reside from the 1st of April, 1861, to the 1st of June, 1865? If on your own land, what is the size of your farm? How much of your farm was cultivated, and how much was woodland? Where is it situated? What was your occupation during that time? Did you change your residence or business during that time? if so, where was your new residence, and what [was] your new business?

I resided from the first of April 1861 to the first of June 1865 at Riceboro. I lived during that time in my own house on my own land in the village and worked at my trade. I did not change my residence or business during that time.

3. Did you ever pass beyond the military or naval lines of the United States and enter the rebel lines? If so, how often, when, where, and for what purpose, and how long did you stay within the Confederate lines on each occasion?

Irrelevant.

4. Did you ever take any oath or affirmation to bear allegiance to the so-called Confederate States, or to aid or support them in any way, or to “bear true faith,” or “yield obedience” to them? If so, when and where? State fully in regard to the same.

I never took any such oath.

5. Have you ever taken any amnesty oath? If so, when, where, and under what condition? Have you been pardoned by the President? If so, when and where, and upon what conditions?

The only oath I ever took was when I went to register my name to vote.

6 to 25 inclusive the claimant to each & every question answers No!

26. Were you ever threatened with damage or injury to your person, family, or property on account of your Union sentiments? If so, state when, by whom, and what the threats were?

They used to tell me the Rebels Soldiers if I ran away and went to the Yankees, they would catch me and kill me.

27. Were you ever molested or in any way injured on account of your Union sentiments? If so, state fully all the particulars.

I was never molested in any way.

28. Did you ever contribute anything—any money or property—in aid of the United States Government, or in aid of the Union army or cause? If so, state fully as to the same.

I never contributed anything to the United States Govt [Government].

29. Did you ever do anything for the United States Government or its army, or for the Union cause, during the war? If so, state fully what you did.

I had no opportunity to do anything for them

30. Had you any near relatives—any husband, son, brother, or nephew—in the Confederate army? If yea, state his name, whether he is now living, and where he resides. Did you furnish him with any military equipments, any clothing, or any money? Did you contribute in any way to aid or support him while in the rebel service? [Each of the questions under No. 30 must be fully answered.]

I had no kin in the Rebel Army.

31 to 39 inclusive to each & every question claimant answers No!

40. At the beginning of the rebellion did you sympathize with the Union cause, or with the rebellion? What were your feelings and what your language on the subject? On which side did you exert your influence and cast your vote? What did you do, and how did you vote? How did you vote on ratifying the ordinance of secession? After the ordinance of secession was adopted in your State did you adhere to the Union cause, or did you “go with the State?”

I was always for the Union from the beginning of the war, or when I first heard of it. The war was going on 2 or 3 years before Sherman’s Army came. I was rejoiced when I first heard of the war and I said thank God so that my wife and daughter could have the same privilege as I had I continued with those same feelings till freedom came.

41. [Original Question 34.] In conclusion, do you solemnly declare that, from the beginning of hostilities against the United States to the end thereof, your sympathies were constantly with the cause of the United States; that you never, of your 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 you were 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 you means and power and the circumstances of the case permitted?

I solemnly declare that from the beginning of the war till the end, my feelings were for the Union I never did anything to injure said cause I was willing to help them whenever I could I did help all I could.

[Question 42 only asked of women]

43. Were you a slave or free at the beginning of the war? When did you become free? What was your business after you became free? How and when did you come to own the property named in your petition? How did you get the means to pay for it? Who was your former master? Are you now in his employment? Do you live on his land? Do you live on land purchased of him? Are you indebted to your former master for land or property, and how much? Has anybody any interest in this claim besides yourself? State fully all the facts in your answers to these questions.

I was free at the beginning of the war I became free when a little boy. I learned my trade when 16 [or 15] of a man named Benjamin [last name not clear] I worked with him 5 years. He gave me my clothes and living and nothing else and when I got through he gave me a situation in his shop as journeyman. He paid me $20.00 a month and I found myself for the first year. I saved a good sum, it cost me about $11.00 a month to live as living was cheap in the country and I raised many things on my lot of land poultry, hogs etc. This lot was a town lot about an acre. This lot was my own I bought it from a man who moved to Liberia. I held the lot through a guardian whose name was Adam Dunham. My first guardian was Mr. George W. Walthour, next was Adam Dunham and the last was S. N. Broughton who is now living at Riceboro. I got his property by the sweat of the brow [word] [word] Sir! No one has any interest in this property but myself and my family.

2nd set of Interrogatories:

1. Were you present when any of the articles of property specified in the claimant’s petition were taken?

I was present when the Army took this property.

2. Did you see any of them taken? If so, specify the articles you saw taken.

I saw them take this property all the articles specified in my claim.

3. Begin with the first article (Item No. —) which you have specified that you saw taken, and give a full account of all you saw and heard in connection with the taking of that article? [The special commissioner should require the witness to state all the circumstances; for it is only by a knowledge of all of them that the commissioners of claims can judge whether the taking was such a one as the Government is bound to pay for. The common phrase, “I saw the property taken by United States soldiers,” is not enough, for there was much lawless taking. The witness should be required to detail the facts as to each item, when the items were taken at different times; but if all, or more than one, were taken at the same time, that fact should appear, and then a repetition of the circumstances is needless. The special commissioner must be careful to elicit all the facts, as well those against as for the claim, especially as to those articles of property which were the special objects of pillage and theft, such as horses, mules, cattle, hogs, &c. Claimants must bear in mind that a neglect to observe these directions works to the prejudice of the claimant, and may defeat the claim.]

They did not say anything when they took these things but just went in and took it anything I had and made me get it too.

4. Where were the articles taken? When were they taken? Give the day, month and year, if you can? By whom were they taken? Did you see more than one soldier engaged in the taking? How many soldiers were present? State the number as near as you can? How many helped take the property? How long were they engaged in taking the property?

They took part of it in Riceboro and a part from Mr Ned Delegaul’s [DeLegal’s] place where my wife lived 5 miles from Riceboro where I went to see my wife every night. I rode there I had 3 horses at that time & [word] change them to ride. This property was taken when Sherman Army came through. I think it was in December. I do not remember the year. It was taken by the soldiers of Sherman’s army. There were many of them there, I think there were over 50 and they came in at such a rate I was frightened half to death. They all seemed to be interested it seemed as if they was pulling against one another & half starved. The first evening they came in they took the poultry and the horses, then the next morn they came back and took the wagon & buggy & harness & the 3rd day they came & took all but the hogs. On the 4h day they came & took my Blacksmith tools.

5. Who were present other than soldiers when you saw them taken? Give the names of all you know?

My Mother named Vina Holmes and my wife named Nellie Axon and Ned Dryer and Edward Delegal were present at the taking.

6. Was any United States officer, either commissioned or non-commissioned, present at the taking? If so, state his name, rank, regiment, and the command to which he belonged. Did he order the property to be taken? Did he say anything about the taking?

There was one officer present I do not know his grade but think he was a Capt [Captain] and he belonged to the Cavalry there were no infantry force there I do not know whether the officers told them to take the property or not but they came there, and did not stop it and were standing by all the time. The officers said nothing to me about it.

7. Describe how the property was taken, and give a full account of all you saw done, or heard said, upon the occasion of the taking.

They just came in and says where is them horses and they went in & took the horses & just rolled the wagon and buggy out & harness and saddle were taken. They went down & drove the cows from the field just back of my house; & the hogs they took from the pen and the corn was in the house they went there and took it, and so on till they had got it all.

8. How was the property removed—by soldiers or in wagons, or in what manner? State fully as to each article taken and removed.

Some of the property was taken in wagons and some on horses and mules.

9. To what place was it removed? Did you follow it to such place, or see it, or any portion of it, at any such place, or on its way to such place? How do you know the place to which it was removed?

They moved it to Midway Church that was their station & they went in that direction, there was but one way to get there and they went that way so I think they went to the Midway Church.

10. Do you know the use for which the property was taken? What was the use, and how do you know it? Did you see the property so taken used by the United States army? Did you see any part of the property so used? State fully all you know as to the property or any of it having been used by the army; and distinguish between what you saw and know, and what you may have heard from others, or may think, or suppose, or infer to be true.

They took it to eat and for the use of the Army. I know they took it to eat because they were hungry and I saw them cook and eat some right there.

11. Was any complaint made to any officer on account of such taking? If so, state the name, rank, and regiment of the officer. What did he say about it? State fully all that he said.

I begged them hard not to take the things & they didn’t listen to me but just went in and took them.

12. Was any voucher or receipt for the property asked for? If so, of whom asked? State name, rank, and regiment. Was any receipt or paper given? If so, produce it, or state where it is, and why it is not produced. If no voucher or receipt was given, state why none was given, and if refused, why it was refused; state all that was said about it. State fully all the conversation between any officer or other person taking the property, and the claimant, or any one acting for him.

I did not ask them for no paper, or receipt, or voucher.

13. Was the property, or any of it, taken in the night-time? At what hour of the day (as near as you can tell) was it taken? Was any of the property taken secretly, or so that you did not know of it when taken?

They took the property in the day, the night was the only time we had [word] anything to eat ourselves for if we had it nearly done in the day they would take it and eat it all themselves.

14. When the property was taken, was any part of the army encamped in that vicinity? If so, state how far from the place where the property was taken, and what was the company, regiment, or brigade there encamped? How long had it been encamped there? How long did it stay there, and when did it leave? Had there been any battle or skirmish near there, just before the property was taken? Did you know the quartermasters, or any of them, or any other officers of the army for whose use the property is supposed to have been taken?

The Army was camped at Midway. They would go out through and forage and then return to Midway at night: it was 5 miles from my place; it was Kilpatricks and Sherman’s Army camped there at Midway Church. They came to Midway in the morn & then these parties of foragers went out in different directions, and one came to Riceboro and begun to take everything that same afternoon and they continued till all was gone. I think they moved from Midway sometime in January. There had been no battles or skirmishes here there was no one to fight, there was no one about the county except females, and a few old men and boys and I did not know the quartermasters or any of the other officers.

15. Describe clearly the condition of the property when taken, and all that tends to show its value at the time and place of taking? Thus, if corn, was it green or ripe? Had it been harvested? Was it in the shock, or husked, or shelled? Where was it? If grain, was it standing; had it been cut; was it in shocks, or in the barn or in stacks; had it been threshed? If horses, mules, or cattle, state when they were taken, how taken, and fully their condition, age, and value. Have you talked with claimant about their value?

This property was in good order, the horses fat. The wagon and buggy were in good order I just had a new body for the wagon. The cow was fat and healthy and everything in perfect order.

16. What means have you of knowing the quantity taken? State particularly how you estimate the quantity? Did you count or weigh the articles? Give us all your data. How much did you see taken and removed? What quantity was taken in your presence? As to quantity, distinguish carefully as to what you saw and know, and what you may think or believe from what you have heard from others.

Item No 1 Two horses, one 10 years old and the other about 4 I raised it from the mare and raised them to sell. I had the mare a good while. I bought the sorrel mare. I had first from Sam Walthour, then I raised a cream stallion & traded him for a bay horse, then I traded the bay horse with Mr Jack Harris for a sorrell [sorrel] mare, then I raised two mares, and a horse and I sold one of them to Mr Alexander and one to Sam Quarterman, and I kept one for myself and that one died and I got me a bay mare and she had a colt; I raised 3 from this bay mare to Mr Delegaul’s [Delegal’s] place one was a roan and one was a sorrell [sorrel], and the other was a bay. The sorrell [sorrel] colt Mr Delegaul bought from me and the Yankees took the bay mare from me and the roan colt from me. This colt was 4 years old and well broken to the saddle.

Item No 2. One one-horse wagon without springs, iron axletree. I made it from another wagon. I had an old buggy which I traded for the wagon which I altered and repaired. I made it over and took out the springs and made a new body and a new running ?gear? to the ironwork. You could not tell it from a new wagon. I had it all painted up. The buggy was an open buggy, all padded, and a nice buggy to sit It was a one horse buggy. The buggy I think had been used about a year, it was a new buggy when I got it. The buggy harness was leather silver plated with flat buckles; it was almost new and had it about 6 months. The wagon harness was a good heavy leather harness not plated. I used to carry people I did not let this [word] but used to carry people myself. I bought this at the same time as the other. They took off my old harness with the new I made no charge of them.

IItem No. 3. Eight head of cows. I bought at first one cow & a calf & this is the increase. I think I had 5 grown cows & 3 [word] calves. One cow I think would weigh over 80 lbs to the quarter. The others were medium sized cows fat & in good order. They had a [word] range. Riceboro was an excellent range for them, one of the best in the country so it is said. I had [word] sows. The biggest one two feet & a half high & the other 2 ft high. I raised from these sows. I first bought two sow pigs & raised the others from these sows except two.

Item No 4. 8 Bacon hogs 6 of them I raised from the sows and 2 I bought from Mr Jones. He had a wagon I repaired it for him and he paid me in hogs. These hogs were in the pen fattening when taken from me. [number] of them would weigh 200 lbs a piece and the others would average from 100 to 150 lbs dressed. They cut their heads off and split them and threw them on the horse and took them off.

Item No 5. Blacksmith tools bellows & anvil & screw plate and one harness. The Bellows was almost new I paid 16 dollars for it The anvil was about $15.00. I paid $15.00 for the screw plate. These were nearly new. Since the war I had to buy a new bellows on which I paid $25.00 though it was not so large. I bought a new screw plate like this since & paid $27.00 for it and bought a second hand anvil for $11.00 this is the one I have now.

Item No 6. I had about 30 bush[el] of salt and they took 20 of this from me. Mr Adam Dunham advised me to work for provision so that when the war was over I would have something which do me more good than Confederate money. I took the salt in this way. They took salt away a little at a time, I had it all measured in boxes, the boxes held 10 bush[el] a piece and they took two of these and left one.

Item No 7. I had 150 bush[els] of shell corn which I took for my work. They came there and took it 5 bush[els] & one bush[el] & so on & fed the horses on the ground and so wasted a good deal. They took all I had in this way [few words] some ears of corn which I had under the [word].

Item No 8 One saddle. An English leather saddle. The saddle was hanging up in the buggy house and they took it. I bought it of Mr [name illegible] & give $25.00 for it & used it very little I had it about a year, but I always took good care of my things.

Item No 9. I had 8 woolen blankets big ones. [word] blankets while [word] of [word] were the others were white. I had them 4 of them only 6 months and the others two years. They took them and and some they just put under the saddle and didn’t care what they do with it [word].

Item No 10. 1,000 lbs of Fodder. I had just taken my bag in the fodder for [word]ing off some cart bodies and ox cart bodies for Tom Fleming and I [word] there was just a 1,000 lbs I went and hauled it myself. They fed this fodder there and some they took away.

17 & 18

passed.

19.

They did not pay me for my part of this property. This is the only account I ever presented against the Government. This was all Private property. The two horses 3 cows and 2 calves and 2 fat sows and 2 sows were taken from Mr Delegauls [Delegal’s] place. There were 4 blankets at Mr Delegauls place and all the other things were at Riceboro It was 5 miles from Riceboro to Delegauls place. I did not mean to say I saw these things taken from Mr. Delegaul’s place but I saw the horses after they were taken at Riceboro where the soldiers rode then I saw one of my blankets under the saddle when they hitched at my gate and went in and got salt. His wife told me they took these things. She is not a witness in this case I expect to prove my claim without her evidence.

Toney Axon [signed by mark]

Witness E.E. Adlington

Sworn to and subscribed before me
Special Commissioner
State of Georgia

Testimony of Witness (E.J. DeLegal)

My name is E.J. DeLegal. I was born in Mackintosh [McIntosh] Co Ga. I am 58 years old. I reside in Liberty County Ga. I am a Farmer. I have no interest in this claim of Mr Axon’s. I know the claimant Tony Axon I have known him for awhile & his wife I owned and raised her. He was always a freeman or ever since I knew him for 40 odd years. He was an industrious hard working mechanic a [word] Blacksmith. He always owned stock on my place which he was allowed to keep on my place and was not limited at all so far as numbers were concerned. He had property on my place at the time of the raid. His family lived on my place and belonged to me. His wife was allowed to have things of her own same as himself. This property belonged to he and his wife. He had either 2 or 3 horses I don’t remember which. He had some very fine cattle there I do not know the number. Neither do I know the number of the hogs he had there. He lost all that he did have there. This was his home at my place and most of his household things were there. His shop at Riceboro was his place of business only. His wife worked by task for me and when she had done her task her time was her own to dispose of as she pleased and all she made was entirely under her own control to dispose of as she pleased. There was at one time some 15 or 16 head of ?horses? on my place which belonged to my people. I never interfered with my people they bought and sold these things at their own prices and spent the money as they pleased and this was customary in Liberty County and I suppose it was in other seaboard counties I know it was all along the seaboard. I know Mr Cay’s people and mine used to raise cattle, horses, and more [several words]. I was not present at the time of the taking of the property but my plantation was stripped and I presume Tony’s went along with them, I did not see it. He was an honest upright man and so regarded by the community, where he was well known from his childhood. He did business just as any other white mechanic did worked and earned his pay for it just the same. His credit was good and he was quite reliable. I have always found him so. He could go & buy articles on time as other mechanics did. I have known him to do so. Tony proposed to me to buy his wife of me at one time but I never named a price because she was a favorite nigger and I didn’t want to spare her. His daughter he wanted to take away and let her stay with his mother and I let them do so and she staid there till after the raid and I never charged him anything for her. Toney’s mother I learned from Mr. Walthour the guardian of those children was formerly a slave and was liberated by her master many years ago. A portion of this family went to Liberia 10 years or more before the war.

E. J. Delegal

Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Ned Dryer)

My name is Ned Dryer. I was born a slave in Liberty Co I became free when the raid came through. My master was E.J. Delegal. I am 28 years old. I live at Cedar Hill plantation near Riceboro. I am a farmer. I have no interest in this claim. I have known him about 15 years. I knew him all through the war. I talked with him about the war he wanted the southern states to get whipped. He was in favor of the Yankee side. I knew it because he told me so.

Questions by Claimant’s Attorney

I was living on Mr. Delegal’s Plantation when the raid came. Tony Axon had on this plantation, two horses, 5 head of cattle, 4 head of hogs. He kept his property at Mr Delegals plantation because his wife had been there. His wife was a slave of Mr Delegal’s. The Yankees carried it all. I was there I carried the horses to Midway Church with them. They pressed me to carry them the horses. They killed the cows at the plantation. I staid [stayed] with them in camp a week and they came backward, till they got all the cattle. I saw them kill the cattle. They killed the hogs too sir. They were large fat hogs. There were two good sows and two barrows. I don’t know about the corn. This is all I know about the taking of the things at Mr Delegal’s plantation. I was at their camp about a week off and on. I did not notice any bellows there. It was a very large camp at Midway I do not know how many. I think they might have staid [stayed] there 3 weeks. I was with them only the first week.

2nd set of Int[errogatories] by Special Commissioner:

1. Were you present when any of the articles of property specified in the claimant’s petition were taken?

I was there on Mr Delegals plantation when they took all this property which was there.

2. Did you see any of them taken? If so, specify the articles you saw taken.

I saw some of this property taken. I saw the two horses taken I did not see the wagon buggy and harness taken I saw them take 5 cows. I saw them take two sows and two of the bacon hogs. I did not see them take the Blacksmith tools. I did not see them take the salt. I did not see them take the corn. I did not see them take the saddle, blankets or fodder.

3. Begin with the first article (Item No. —) which you have specified that you saw taken, and give a full account of all you saw and heard in connection with the taking of that article? [The special commissioner should require the witness to state all the circumstances; for it is only by a knowledge of all of them that the commissioners of claims can judge whether the taking was such a one as the Government is bound to pay for. The common phrase, “I saw the property taken by United States soldiers,” is not enough, for there was much lawless taking. The witness should be required to detail the facts as to each item, when the items were taken at different times; but if all, or more than one, were taken at the same time, that fact should appear, and then a repetition of the circumstances is needless. The special commissioner must be careful to elicit all the facts, as well those against as for the claim, especially as to those articles of property which were the special objects of pillage and theft, such as horses, mules, cattle, hogs, &c. Claimants must bear in mind that a neglect to observe these directions works to the prejudice of the claimant, and may defeat the claim.]

They got to me first and asked me where’s all the horses I tell them they’s in the stable. Then they wanted me to carry them to the camp, they got one more boy besides me. We carried them to the camp. They take the two bacon hogs at the same day as they did the horses.Then in the even I came back with them and they got the cattle and the rest of the hogs. I saw the mens at the camp. I couldn’t tell how many but a good many They had a plenty to eat there they were sending men out in all directions and bringing in stuff from other plantations. I did see the buggy wagon and harness and Blacksmith tools, and salt, and corn, saddles and blankets, and fodder. I did not see any of these things taken but I know Mr Axon the claimant had them.

4. Where were the articles taken? When were they taken? Give the day, month and year, if you can? By whom were they taken? Did you see more than one soldier engaged in the taking? How many soldiers were present? State the number as near as you can? How many helped take the property? How long were they engaged in taking the property?

The articles I saw taken were on Mr Delegal’s plantation. I think it was in December they were taken, I do not remember the year, it was when the Yankee Army came in here. They were taken by the Soldiers of the Union Army one officer been in the gang The articles I did not see taken were at his place at Riceboro. I used to go there steady to Riceboro with the mail back and “forard” [forward] I was at Axons place frequently I saw more than one soldier at Delegal’s plantation I did not count them I think 70 or 80 “been” there. They took Axon’s things in a day about I think they were there a week off and on at the plantation.

5. Who were present other than soldiers when you saw them taken? Give the names of all you know?

Axon’s wife was there, Howard Delegal was there, Cephas Norman Richard Norman Jim (?) Fleming and myself. They were all right there at Mr Axon’s house.

6. Was any United States officer, either commissioned or non-commissioned, present at the taking? If so, state his name, rank, regiment, and the command to which he belonged. Did he order the property to be taken? Did he say anything about the taking?

There was one officer I do not know his rank. I knew from seeing the stripe on him he was an officer. I heard him order the soldiers to take these things. He ordered me to take the horses. He ordered me to take the horses to the camp. It was 5 miles from there to camp. I came back with the soldiers on horseback but when I came back after staying there a week I walked back. It was a cavalry camping I don’t know whose, but I heard of its being Kilpatrick’s and Sherman’s brigade.

7. Describe how the property was taken, and give a full account of all you saw done, or heard said, upon the occasion of the taking.

They took them out of the stable they made me go in the stable and get them and ride them to camp and got a boy besides me to ride [word]. The cows they killed there at the place and the hogs.

8. How was the property removed—by soldiers or in wagons, or in what manner? State fully as to each article taken and removed.

They moved the things in wagons, except the horses were rode away. They took the pork and beef.

9. To what place was it removed? Did you follow it to such place, or see it, or any portion of it, at any such place, or on its way to such place? How do you know the place to which it was removed?

They moved this property to Midway Church to camp. I know because I went with it.

10. Do you know the use for which the property was taken? What was the use, and how do you know it? Did you see the property so taken used by the United States army? Did you see any part of the property so used? State fully all you know as to the property or any of it having been used by the army; and distinguish between what you saw and know, and what you may have heard from others, or may think, or suppose, or infer to be true.

The horses were used for the soldiers to ride, they had some broke down horses and wanted fresh ones. They wanted the cattle and hogs to eat sir. I saw them eating beef and pork. I had a plenty to eat when I was there.

11. Was any complaint made to any officer on account of such taking? If so, state the name, rank, and regiment of the officer. What did he say about it? State fully all that he said.

I did not hear Mr Axon make any complaint for he was not there at the plantation at the time these things were taken.

12. Was any voucher or receipt for the property asked for? If so, of whom asked? State name, rank, and regiment. Was any receipt or paper given? If so, produce it, or state where it is, and why it is not produced. If no voucher or receipt was given, state why none was given, and if refused, why it was refused; state all that was said about it. State fully all the conversation between any officer or other person taking the property, and the claimant, or any one acting for him.

I did not hear any voucher or receipt asked for.

13. Was the property, or any of it, taken in the night-time? At what hour of the day (as near as you can tell) was it taken? Was any of the property taken secretly, or so that you did not know of it when taken?

None of the property which I saw was taken in the night It was all taken in the daytime. They did not go out to forage in the night; in the afternoon they went back to camp and staid [stayed] till the next morning.

14. When the property was taken, was any part of the army encamped in that vicinity? If so, state how far from the place where the property was taken, and what was the company, regiment, or brigade there encamped? How long had it been encamped there? How long did it stay there, and when did it leave? Had there been any battle or skirmish near there, just before the property was taken? Did you know the quartermasters, or any of them, or any other officers of the army for whose use the property is supposed to have been taken?

The Army was encamped 5 miles from the plantation when this property was taken I know it was Sherman’s/Kilpatrick’s Brigade. I can’t tell what company. They staid [stayed] there 3 weeks. There had been no battles or skirmishes just before they took his property. I did not know the quartermaster or the officers, except by their stripes, I knew they were officer.

15. Describe clearly the condition of the property when taken, and all that tends to show its value at the time and place of taking? Thus, if corn, was it green or ripe? Had it been harvested? Was it in the shock, or husked, or shelled? Where was it? If grain, was it standing; had it been cut; was it in shocks, or in the barn or in stacks; had it been threshed? If horses, mules, or cattle, state when they were taken, how taken, and fully their condition, age, and value. Have you talked with claimant about their value?

The property was in proper order.

16. What means have you of knowing the quantity taken? State particularly how you estimate the quantity? Did you count or weigh the articles? Give us all your data. How much did you see taken and removed? What quantity was taken in your presence? As to quantity, distinguish carefully as to what you saw and know, and what you may think or believe from what you have heard from others.

Item No 1 The young mare was about 3 years old and the old one was about 10 they were in proper order. The old mare was mother of the young one. The young one was big enough to be rode they rode her before the Yankees took her. These were medium sized horses. They were fat and in good order. I saw the soldiers take these horses. I went with them to camp.

Item No 2. A wagon and buggy one person wagon with iron axletree can’t tell how long it had been used. It was a spring buggy, a nice one painted and in good order. One was a [word] buggy harness [2 words] & the wagon harness of leather [word]. I did not see these things taken I saw these things in claimant’s possession.

Item No 3. He had 8 head of cattle and I think 4 had calves. I think about 3 head of them would weigh 60 to 75 lbs to the quarter. He had two sows. I think one of them would weigh 150 lbs other about 100 lbs. The cattle and the sows I saw them [word] take away.

Item No 4. He had 2 bacon hogs in the pen and outside. The two in pen would weigh about 200 lbs and those outside about from 60 to 100 lbs a piece. I saw 4 of these hogs killed and taken away and the others were gone.

Item No 5. He had a bellow and an anvil and his shop was well supplied with tools I did not see them taken off or see them after they were taken away.

Item No 6. He had salt I can’t tell how much.

Item No 7. He had corn but I do not know how much of it he had.

Item No 8. I saw him have a saddle a leather one, do not know how long it had been used it was in good order when I saw it.

Item No 9. I saw him have blankets but don’t know how many he had his house was well supplied with such things

Item No 10 Fodder – he had some I don’t know how much.

I went there to Riceboro about a week after the Army went away. The Blacksmith tools, the salt, the corn, saddle and Fodder were all gone then. The house was stripped of everything. Some of the blankets were where he slept sometimes at his Mothers house about 100 yds [yards] [3 words]. The house at the plantation was stripped of everything They took property from others on the plantation. I think Mr Delegal had about 37 working hands. Nearly all of them had property of their own. The Yankee Army took the property of Mr Delegal with that of his slaves.

Ned Dryer

Witness E. E. Addington

Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Sarah Jane Broughton)

My name is Sarah Jane Broughton. I was born in Liberty County Ga. I am 23 years old. I reside in Riceboro. I know Tony Axon the claimant in this case. I have known him ever since I can recollect. I have no beneficial interest in his claim.

Interrogatories by Claimant’s Attorney:

I was visiting in Riceboro in Dec 1864 when Yankee Army came here. They took Toney Axon’s property there [several words faded]. He was a freeman and had been so ever since I knew him and his mother was free. He was a Blacksmith. He was a very industrious upright [word] kind of a man. He supported himself & his mother at his trade. They took from him 3 head of cattle and he had his Blacksmith’s bellows I saw taken. I was standing on the front piazza and saw them drive off his cattle at the same time they did ours. One was a deep red & the other a brindle red and the other a [word] with white breast and white stripes on the back. They were driven over Riceboro bridge in the direction of Midway where the Army was camped. I saw them come out of the [word] with the bellows and put it in the wagon & drive off. I did not see them take the anvil all I saw them take was the bellows. I think there was a pretty good crowd coming & going out of the shop when they were taking the bellows and I think they would have taken some of the other tools, and I not seen them. Tony the claimant was a married man then. His wife staid [stayed] at Mr Delegals plantation in [word]. She was a slave of Mr Delegal’s. I know Tony had some horses and raised stock on the Delegal plantation. I did not see the Yankees take his horses, but I never saw his horses after the Yankees came here. I never heard him say anything about it. I think the Yankees were in and around Riceboro and Midway Church about 3 weeks. They were cavalry soldiers that drove away his cattle and took his bellows.

Interrogatories by Special Commissioner:

Tony Axon the claimant lived close by around the corner from me when the Army came. The shop was next door adjoining my place, nearer than the house where he lived. He lived here in a house around the corner in Riceboro with his mother. These cows that I saw taken were 2 of them full grown & the other quite a young one. They were in good order. I don’t know how much they would weigh I don’t know anything about butchering. This was a large blacksmith’s bellows I saw taken. I don’t know how long it had been used. I have been in his shop, it was well supplied with tools. I know nothing about any of his other property taken from Riceboro. The claimant was working here at his trade the same as other men and buying and selling by himself. I don’t know much about his [word] I was too young to know much about any such thing as that. The slaves were allowed to raise cattle, poultry, hogs and horses. That is all I can state about this property.

Sarah Jane Broughton

Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Nellie Axon)

Interrogatories by Special Commissioner:

My name is Nellie Axon. I was born in St. Mary’s Camden Co Ga a slave and became free when the raid came through here. I am about 58 years old. I live in Riceboro Ga. The claimant is my husband. I have known him about 20 years. My husband was a good friend of the Yankees during the war.

2nd set of Interrogatories by Special Commissioner:

1. Were you present when any of the articles of property specified in the claimant’s petition were taken?

I was present when this property was taken from Mr DeLegal’s plantation.

2. Did you see any of them taken? If so, specify the articles you saw taken.

I saw the horses wagon and buggy and harness taken and some of the hogs and 5 head of the cows and some of the blankets taken.

3. Begin with the first article (Item No. —) which you have specified that you saw taken, and give a full account of all you saw and heard in connection with the taking of that article? [The special commissioner should require the witness to state all the circumstances; for it is only by a knowledge of all of them that the commissioners of claims can judge whether the taking was such a one as the Government is bound to pay for. The common phrase, “I saw the property taken by United States soldiers,” is not enough, for there was much lawless taking. The witness should be required to detail the facts as to each item, when the items were taken at different times; but if all, or more than one, were taken at the same time, that fact should appear, and then a repetition of the circumstances is needless. The special commissioner must be careful to elicit all the facts, as well those against as for the claim, especially as to those articles of property which were the special objects of pillage and theft, such as horses, mules, cattle, hogs, &c. Claimants must bear in mind that a neglect to observe these directions works to the prejudice of the claimant, and may defeat the claim.]

They did not say anything to me when they took his property, they just sent a boy who minded the stock for the horses, and they went on and took them, and drove them up.

4. Where were the articles taken? When were they taken? Give the day, month and year, if you can? By whom were they taken? Did you see more than one soldier engaged in the taking? How many soldiers were present? State the number as near as you can? How many helped take the property? How long were they engaged in taking the property?

These things were taken at Mr. DeLegal’s plantation at my house. They were taken in Dec [December] Christmas month when the Union Army came in I don’t remember the war The soldiers of the Union Army took this property, they were on horses. I don’t know whose command they were. I could not tell how many there were. The place was thick, nearly a 100 I think. They were about 2 days off and on taking this property.

5. Who were present other than soldiers when you saw them taken? Give the names of all you know?

There were present – Martha Holmes, Ned Dryer, Henry Dryer who is dead and Howard Delegal has gone from here out of the country. These were present when the property was taken.

6. Was any United States officer, either commissioned or non-commissioned, present at the taking? If so, state his name, rank, regiment, and the command to which he belonged. Did he order the property to be taken? Did he say anything about the taking?

I did not know the officers from private soldiers I did hear orders given to the boys to get the cattle.

7. Describe how the property was taken, and give a full account of all you saw done, or heard said, upon the occasion of the taking.

They went in to the field and got the horses and put the saddles on them and they put their horses to the buggy and drove off, and drove the cows from out the pasture. They shot the hogs.

8. How was the property removed—by soldiers or in wagons, or in what manner? State fully as to each article taken and removed.

They carried this property off in their large wagons and drove the cows off.

9. To what place was it removed? Did you follow it to such place, or see it, or any portion of it, at any such place, or on its way to such place? How do you know the place to which it was removed?

They carried this property to Midway to the camp. I did not follow it. They went that course and I supposed they went there, and every body said they went there that knew anything about it.

10. Do you know the use for which the property was taken? What was the use, and how do you know it? Did you see the property so taken used by the United States army? Did you see any part of the property so used? State fully all you know as to the property or any of it having been used by the army; and distinguish between what you saw and know, and what you may have heard from others, or may think, or suppose, or infer to be true.

They took this property to kill and eat I suppose and the wagons and horses for the use of the Army. I did not see them using any of the property.

11. Was any complaint made to any officer on account of such taking? If so, state the name, rank, and regiment of the officer. What did he say about it? State fully all that he said.

I complained to one of the officers that they shot my large sow heavy with pigs right at my door and he said he was sorry and would not have let them done it if he had known it. I complained to him about their taking my things and he didn’t give me any satisfaction, he said they were compelled to eat and must have the things.

12. Was any voucher or receipt for the property asked for? If so, of whom asked? State name, rank, and regiment. Was any receipt or paper given? If so, produce it, or state where it is, and why it is not produced. If no voucher or receipt was given, state why none was given, and if refused, why it was refused; state all that was said about it. State fully all the conversation between any officer or other person taking the property, and the claimant, or any one acting for him.

I did not ask any of the officers for a receipt or voucher.

13. Was the property, or any of it, taken in the night-time? At what hour of the day (as near as you can tell) was it taken? Was any of the property taken secretly, or so that you did not know of it when taken?

The property was taken in the day time about 12 oclock. They did not take any of the property secretly.

14. When the property was taken, was any part of the army encamped in that vicinity? If so, state how far from the place where the property was taken, and what was the company, regiment, or brigade there encamped? How long had it been encamped there? How long did it stay there, and when did it leave? Had there been any battle or skirmish near there, just before the property was taken? Did you know the quartermasters, or any of them, or any other officers of the army for whose use the property is supposed to have been taken?

The Army were encamped near there when this property was taken. They were encamped 3 miles from my house. They had been in camp only 1 day when they came to get my things. This was the Yankee Army it was called so that was all I knew about it. They were there several weeks in camp. I did not know any of the quartermasters or other officers of the army.

15. Describe clearly the condition of the property when taken, and all that tends to show its value at the time and place of taking? Thus, if corn, was it green or ripe? Had it been harvested? Was it in the shock, or husked, or shelled? Where was it? If grain, was it standing; had it been cut; was it in shocks, or in the barn or in stacks; had it been threshed? If horses, mules, or cattle, state when they were taken, how taken, and fully their condition, age, and value. Have you talked with claimant about their value?

This property was in good order, fat, and in good health when taken.

16. What means have you of knowing the quantity taken? State particularly how you estimate the quantity? Did you count or weigh the articles? Give us all your data. How much did you see taken and removed? What quantity was taken in your presence? As to quantity, distinguish carefully as to what you saw and know, and what you may think or believe from what you have heard from others.

Item No 1. I had 2 horses taken. The oldest was 10 years old and the youngest 4 years old They were fat, and in good order. My husband raised cattle of these colts from off the mare. The mother of this oldest one died and this one was the mother of the one 4 years old going on 5. He used one of them and the other the 4 years one he had just commenced breaking just begun to use him. My husband ploughed with the oldest one and used both of them for riding sometimes he came home every night He used them for everything a horse is used for. I saw the soldiers take these horses away these are the horses they sent the boys down in the field for and they rode them off.

Item No 2. A wagon and buggy; This was a horse wagon. I think we had had the wagon about 1 year. It was a wagon he ironed himself he is a blacksmith. It had a square body or bed. I don’t know whether it had wood or iron axeltrees. It was a good strong buggy. This was a spring buggy with seats been used about a year: both the wagon and buggy were in good order. They were good leather harnesses they had been used the same time the buggy had been used. I saw the buggy and the wagon and the harnesses taken away. They put their horses in the wagon and buggy and rode mine and drove off.

Item No 3. I had 5 head of cattle there at the house where I lived and my husband had 4 here at Riceboro when I saw them. I had 2 big cows and 1 2 year old and 2 calves 7 or 8 months old making 5 in all. They drove them off, he ordered the boy to drive them off and he drove them off to camp He said he drove them to camp when he came back.

Item No 8 [4]. I had 6 barrows and 2 sows at my place. The sows I think would weigh about – I don’t know how much They were very large sows and fat. The barrows were about a year old and in good order I had done kill one of them and they took the meat – I didn’t know the weight. I saw the soldiers kill these hogs all but the one I killed & take the meat away and they took the meat of the one I killed. My husband had 2 hogs barrows down there in the pen at Riceboro.

Item No 5. I know my husband had a Blacksmith shop in Riceboro and well filled with all kinds of tools I know he was a blacksmith but I did not see the tools taken. He had a large bellows there in his shop & anvils and screw plate and vice. I did not see the things taken.

Item No 6. I saw the salt here. I don’t know how much and did not see it taken.

Item No 7. He had corn here and up at the place where I lived. He had the biggest part here at Riceboro. I had a corn house there where I lived. I saw them take a wagon load a 4 horse wagon load a big wagon. They took the corn in one load. The rice was in the sheave they ?fed? this out there. I did not see the corn here at Riceboro taken. I saw it here in his dwelling house piled up on the floor a big pile of it.

Item No 8. My husband had a nice leather saddle almost new. I did not see it taken he rode it down to the Boro here. He kept it for his own use.

Item No 9. I had 8 Blankets woolen very large ones. Some of these I had about a year and some not 3 months. I saw 5 taken and the 3 down here I did not see taken.

Item No 10. He had a plenty of fodder Some of it here, and some up at my house. They threw it in the wagon. There was one wagon load a 4 horse wagon I saw them take it from my house on the plantation. After they had taken all my things up there I came down here and saw them take the rest of the fodder and the 3 blankets down here.

They took my kitchen furniture. 1 large oven and 2 pots, pitchers and tumblers, [4 words] plates, bucket and piggins, the pillowslips and cut open some of the pillows and shook out the feathers and one sheet & 1 quilt and that’s about all the house furniture they took. These things were taken by the soldiers of the Yankee Army. They were gathering up things all over the country. This property all belonged to me and my husband not any of it belonged to my master.

Nellie Axon

Witness E.E. Adlington

Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Pompey Bacon)

Interrogatories by Special Commissioner:

My name is Pompey Bacon I was born in Liberty County a slave and became free when the Union Army came into the county – I belonged to Thomas Mallard I am 70 years of age I reside on Isaac Perry Plantation near near Bryan County I am farming a little and coopering some I know Toney Axon from a boy before he knew himself – I am not related to him at all I have no beneficial interest in his claim – he was born free and worked for himself was a hard working industrious mechanic – a blacksmith by trade he went to work early and late in slave times and I believe he made money [3 words] he was a good union man but like all the rest of us he had to keep such matters to ourselves – in slavery times.

2nd set of Interrogatories by Special Commissioner:

1. Were you present when any of the articles of property specified in the claimant’s petition were taken?

I was present when a part of the property specified in claimant’s petition was taken.

2. Did you see any of them taken? If so, specify the articles you saw taken.

I saw three of the cows taken and I know they took his salt though I did not see them carry it out of the house I saw the blacksmith tools taken.

3. Begin with the first article (Item No. —) which you have specified that you saw taken, and give a full account of all you saw and heard in connection with the taking of that article? [The special commissioner should require the witness to state all the circumstances; for it is only by a knowledge of all of them that the commissioners of claims can judge whether the taking was such a one as the Government is bound to pay for. The common phrase, “I saw the property taken by United States soldiers,” is not enough, for there was much lawless taking. The witness should be required to detail the facts as to each item, when the items were taken at different times; but if all, or more than one, were taken at the same time, that fact should appear, and then a repetition of the circumstances is needless. The special commissioner must be careful to elicit all the facts, as well those against as for the claim, especially as to those articles of property which were the special objects of pillage and theft, such as horses, mules, cattle, hogs, &c. Claimants must bear in mind that a neglect to observe these directions works to the prejudice of the claimant, and may defeat the claim.]

One of the cows was not full grown about 2 years old The other two were full grown. They were not the very biggest cows they were the common kind we have here. Pretty good stock. I saw him have a large quantity of salt before the Army got here. I think there was 35 or 40 bus [bushels]. He told me that it was 40 bus [bushels]. I was there at his home almost every day before the raid I can’t say the exact day I saw the salt there. I noticed that after the soldiers were gone the salt was all gone. He had corn here in Riceboro. He took the salt and the corn in pay for his work because he did not want the Confederate money. I know he had a Saddle and Blankets and fodder I know he had Blacksmith tools. I saw them taken. He had some hogs here. I don’t know exactly how many. He raised a good many hogs. He had a wagon and buggy, and horses I don’t know how many horses and I don’t know whether they were taken here or at the other house. The only things I saw taken were the 3 cows and the Blacksmith tools I saw the shop all cleaned out. [word] other things know he had here in Riceboro and at his wife’s place and when the Army left here they were all gone. That is all I can tell about his property.

Pompey Bacon

Witness E. E. Adlington

Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia

Report of Special Agent

Savannah, Ga
July 17th 1876

In the matter of the claim of Toney Axon (No 21472) of Riceboro, Liberty County Ga. I have the honor to report, that after a careful examination of this claim, I find that the witnesses “to property” to wit E.J. DeLegal and Sarah J. Broughton are among the most respectable and reliable citizens of Liberty County. I have also the testimony of Capt. William A. Fleming, a very correct gentleman, who stands very high. The testimony of Capt. Fleming shows that Tony Axon, has always been free, that he has always owned horses, cattle and hogs, and that he may have lost the property he alleges to have lost, by the Federal Army, but that the property has been valued entirely too high: — It is the sworn opinion of Capt Fleming that $100.00 is a good price for any horse claimant may have owned: and that cattle were worth ten dollars per head, and hogs four dollars per head: — and it is also the evidence of Capt Fleming that buggie’s and wagons were worth about fifty dollars apiece: — Capt Fleming stated to me that the blacksmith tools were worth about the sums set forth in the claim of the Claimant. Judge William S. Norman, one of the first citizens of the County, both in intelligence, and character, told me he thought, Toney Axon, lost the property, alleged to have been lost, but the valuation is entirely too high: It is his opinion, that horses usually owned by negroes, were worth from $30 to $80, and in some instances $100.00 but very rarely worth $100.00. That cattle usually owned by negroes, were worth from $8 to $10 per head – and hogs, from $2.50 to $3 per head: – if the hogs more fat, they would be worth more, say $4 to $5 per head: – Judge Norman and Capt: Fleming think the saddle could not have been worth much more than from $7 to $10: – I could find no one, among the gentlemen of the County, who knew anything about the taking of the property from Toney Axon, by the Federal Army, or any portion of the Army: Most of the gentlemen left the County on the approach of the Army, or remained within their own houses. – From what I can learn, corn was worth in gold, not more than $1 per bushel: – The clothing of a negro was not worth more than $25 or $30 and very seldom those prices. Toney Axon is represented by the gentlemen of the County, as being a reliable negro, and his character is good, among his neighbors. –

I have the honor to be very respectfully Yours
W.W. Paine
Special Agent

Toney Axon is a blacksmith.

To the Hon Commissioners of Claims

Testimony of Witness (William A. Fleming)

Mr William A. Fleming having been duly sworn, [word] answers to make to certain questions propounded, to him, in the matter of the claim of Toney Axon answering saith:

[NOTE: These questions were taken from the version used after 1874]

1. What is your name, your age, your residence, and how long has it been such, and your occupation?

William A. Fleming, 46 years, Liberty County, born and raised in the County: – had been a merchant, but is now running a Steam Mill in the county of Liberty.

2. If you are not the claimant, in what manner, if any, are you related to the claimant or interested in the success of the claim?

Is not related in any manner, to claimant, nor is he interested in any manner in the success of the claim.

72. Were you present when any of the property charged in this claim was taken? Did you actually see any taken? If so, specify what you saw taken.

Was not present at the alleged taking of the property: – and knows nothing of the taking of the same. – Toney Axon was always free. Witness is well acquainted with claimant Toney Axon, and he has known him since witness was a boy. – Knows that claimant always owned horses, cattle and hogs. – Knows that claimant was a blacksmith, and worked at his trade, and witness has seen the tools in his shop: – Witness does not know of the wagon, buggy and harness, thinks he may have had them. – Witness knows nothing of the corn and salt, thinks as claimant lived near the coast, it is likely he had the salt. – Witness knows nothing of the blankets, and the other personal property. – Witness states that one hundred dollars in good money, would be a good price for any horse witness knows claimant to have owned — Cattle were worth ten dollars per head – and that the hogs were worth about four dollars per head. – Witness thinks that buggies and wagons usually owned by negroes, were worth about fifty dollars apiece — a new buggy or wagon could be purchased for one hundred dollars in gold. Witness does not know the value of the blacksmith tools, it may be correct. Witness knows nothing more. Knows that Toney Axon stands well as to character.

William A. Fleming

Sworn to and subscribed before me this 13th day of July 1876
W.W. Paine
Special Agent

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