Lafayette DeLegal – Southern Claims Commission

Remarks: The clamt [claimant] was the slave of H.H. Delegal – lived on his plantation & was his driver or foreman for 3 years before the end of the war. “He allowed me to own property and all the rest on his place, such as hogs, horses, cattle, poultry etc. That was the custom in our county. I knew of but one exception & that was Mr. Audley King, who would not allow his slaves to own horses. I don’t know why he wd not allow them to own horses. He wd allow them to own other things.” The ownership of the property by the clmt [claimant] is shown by himself and three colored witnesses. As he was the foreman it is not improbable.

Item 1. The horse he had owned four years – tells how he bought him – allow $100.00

Item 2 & 3. He had 4 hogs in all.
Item 6. 1 cow & 1 yrling [yearling].

Item 8 & 9. He raised the rice & corn but the quantity is very indefinitely shown.

Item 11 & 12. He had only 1 wagon & that taken lawlessly by the soldiers.

We allow $220.00

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

Testimony of Claimant

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

My name is Lafayette DeLegal, my age 47 years, my residence Liberty County, in the state of Georgia, and my occupation a planter; I am the claimant and have a beneficial interest in the claim.

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

My name is Lafayette DeLegal I was born in McIntosh Co Georgia a slave and made free after the raid went through I am 47 years old I reside in Liberty Co. I am a planter and 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 1st of April 1861 to the 1st of June 1865 on Delegal’s Plantation in Liberty County I belonged to Delegal and did his bidding. I did not change my residence or occupation.

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.

Irrelevant.

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 took was when I went to register my name for voting that was at Riceboro in Liberty County I think in 1867 or 1868.

6 to 28 inclusive having been read over to claimant he answers “no”.

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.

After the raid passed through Liberty Co I went to Savannah and worked in the Commissioner Department for 6 months they paid me $15.00 a month that was all I had a chance to do I came back then and worked for myself on my old master’s plantation and paid him rent for the land.

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 did not have any relatives in the Rebel Army but a great many in the Union Army.

31 to 39 inclusive having been read over to the claimant to each and every question he 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?”

At the beginning of the rebellion I sympathized with the Union cause and continued to do so to the close of the war I felt good at the prospect of getting my freedom I told my colored friends we must do all we could to help on we could not do much only to pray for it we were slaves and had to do in the dark what we did do.

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?

In conclusion I do solemnly declare that from the beginning of the war to the close my feelings were all the time for the Union cause that I never did anything to retard the success but all I could to help the Union cause. Was always ready and willing to aid and assist the Union cause as far as my means and the circumstance of the case would admit of.

[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.

At the beginning of the war I was a slave and became free when the Yankee Army came into the County. After I came back from Savannah as before stated I commenced planting and been at it ever since. I raised hogs at the commencement and sold them for cash and bought the horse. I commenced raising hogs poultry etc when I was a boy before I had a wife when I got money enough I bought a horse wagon harness in the same way the cows I bought with hogs and poultry. I belonged to Dr. DeLegal I live on Mr. Jones Plantation. My old master is dead I do not owe his estate anything. They owe me a good deal. They took one of my horses after the raid and [word] out to [word] and never paid me a cent for it. I have not charged the U.S. for that. I was allowed to raise and own anything I could after doing my duty. I was my master’s driver for 3 years before freedom.

Interrogatories by Claimant’s Atty:

I belonged to H.H. Delegal. He died a year before the raid passed through I was his driver. He allowed me to own property and all the rest on his place such as hogs horses cattle poultry etc that was the custom in our County I knew of but one exception and that Mr. Audley King who would not allow his slaves to own horses. I don’t know why he would not allow them to own horses. It was a notion of his he allowed them to own other things. I allowed the hands on Delegal’s place to have all the time they could make by completing their tasks the work was all done by task on Delegal’s place. That was the custom through Liberty County. I do not know of a planter in Liberty County who worked his hands by the day that is from sun to sun I had opportunities of knowing as I was a driver, in working at splitting rails 100 rails was a task. I have known men to split 200 rails in a day and in that way would have a day for themselves. All this property stated in this petition was on Mr. Delegal’s place when the raid came through the Yankees carried it all off. I saw them take all of it off. I was there when they carried the last thing that was on the place. Their big camp at Midway was about 3 miles & a half from where I was. It was Kilpatrick’s camp. They staid at Midway about a month. I think there were at least 7 or 8000 men there. I did not know the names of any of the officers who took the property. I think it was in 1864 about 3 weeks before Christmas they took it. The cavalry company were there on horses & catch my horse & took him off towards Midway. I never saw him afterwards. They fed & ate there & what they didn’t use there, they carried off in the government wagons. This property was all mind. I worked for it honestly [word] [word].

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 present when this property was taken from me.

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

I saw this property taken all of it.

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 said they came to give us free[dom] & they had need to take all our things from us for it they didn’t take it from us the rebel owners would come & take it from us after leave & gone they take it & go down the road to Midway.

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?

This property was taken at my house on Mr. Delegal’s place. It was taken in Dec 1864. I guess about 3 weeks before Christmas about 2 or 3 weeks. The latter part of the middle of Dec. Gen Kilpatrick’s cavalry took the property I think about 10,000 men were there in camp; they were as thick as they could be. I learned from the soldiers that came up to my house they said it was Gen Kilpatrick’s men. They were about 3 or 4 days at my place off & on taking my property.

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

Dick Cummings, Thomas Munroe & Sam Elliott, Adaline Munroe, Phillis McIver & others were there 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?

There were officers present. There were [word] & corporals I didn’t know their company. They were Gen Kilpatrick’s. These officers ordered the soldiers to take the corn & everything else; they went on in an orderly fashion. All I heard them say was they were going to take the property because if they left anything the rebels would come & take everything.

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 come in by gangs on the plantation & take [word] everyone & carry [word] off.

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 move it in the government wagons & on horses.

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 went down the Midway road with this property. I didn’t follow 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 the cows & the hogs & the chickens to eat at camp & they took the horse to ride cavalry horse I saw none of it used except what the horses ate at the house.

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 made no complaint to any officers about the taking of the property.

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 anybody for a voucher or receipt. I was so glad of my freedom I didn’t study much about the property.

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?

This property was taken in the daytime They commenced about 10 or 11 o’clock in the morn. They did not take any of it secretly they take it all [several words] it was not any secret at all sir with them.

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?

When this property was taken the soldiers were encamped at Midway & at Sunbury. Sunbury was about 5 ½ miles from my house & Midway about 3 ½ miles. Kilpatrick’s Army was there. They were there about 4 days before they commenced taking property. They staid there about 3 weeks or a month. There had been no battles or skirmishes there except when they first came. There were some Confederate soldiers there & the Yankees ran after them & fired some guns & the rebels ran into the woods. I do not know the quartermasters or 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 condition 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: One horse. She was a bay mare with a blaze in the face 8 or 9 years old. She was above medium size & well broke to the saddle or harness. I had had this mare about 4 years. I swapped a horse for this mare. I bought the horse I swapped for this mare with hogs & poultry. They catch her & led her off. They came on horses. They were the cavalry company.

Item No. 2: I had 4 bacon hogs 3 of them would weigh not less than 200 lbs a piece. They were fat. I had a plenty to feed them off. They took them off in the wagons & on horses. I raised these hogs sir.

Item No. 3: I had one stock hog a sow, she would weigh about 150 lbs. The other bacon hogs would weigh about 160 lbs. This sow was the mother of the hogs.

Item No. 4: I had 16 bee hives. They were of my own raising. They didn’t take off the hives but just broke them up & took all our pails & piggins & fill them with honey and carry it to camp.

Item No. 5: I had about 50 head of poultry. I don’t know just how many I had but I had lots of poultry ducks & fowls. They caught the poultry & some they made the [word] there [words] tied them all up & carry them off.

Item No. 6: I had one cow & a yearling. The cow I reckon was about 4 years old. She was a large cow but I am not a judge of the weight of cattle. The yearling was a good fine yearling.

Item No. 7: I lost 3 good heavy wool blankets. One of them I had just got that winter they were large blankets. The winter was a pretty cole winter. The soldiers said they came from Atlanta & they had to throw away many things & they had to take blankets & such things.

Item No. 8: I had about 30 bus[hels] of rough rice. They took this rice & carried it in wagons to their camp. It had not been measured but I told how much I had by putting it into the same bin I had before.

Item No. 9: I did not measure the corn but it would not have been less than 40 bus but I put it 30 bus. It was in the ear. they carried it off in the wagons what they didn’t feed off on. They fed a great deal of my corn right there at my door.

Item No. 10: One dollar & a half in silver. They took this out of my pocket. Two of them held me & they took it out.

Item No. 11: One spring wagon & harness. It was not a new wagon but I had just had it repaired at the blacksmith & it was in good running order. They hitched their own horse to the wagon & loaded it up with all my pots & jars of lard & such things & took it off.

Item No. 12: This was the same wagon I have been describing here, this mistake was made by them calling it a buggy & I called it a wagon. They must have thought I had a buggy & a wagon both. This is all the way [several words] as I had but the one vehicle.

Item No. 13. I had but one [word] harness. It was 2nd hand but in good order. It was leather. I had had it about 2 years but I had taken good care of it.

17 – 18 passed.

19. I got no pay for any part of the property. I didn’t expect any. This is the first & only claim I have ever presented against the Government. I did not see any of it wasted. They [word] the property as they wanted it & needed it & not for the purpose of waste. This was all [several lines too faded to read].

[Signed] Lafayette Delegal [signed by mark]

Witness: E.E. Adlington

Sworn to and subscribed before me,

Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness [Thomas Munroe]

My name is Thomas Munroe I was born in Dorchester Liberty Co Ga a slave became free in 1864 or 66 when the Yankees came through. I belonged to Dr Delegal. I don’t know my age but probably about 30 yrs old. I reside at Dr. Delegal place. I am a farmer. I am not related to the claimant. I have no interest in his claim. I have known him as long as I have known anybody. I saw the claimant every day during the war. I talked with him about the war; he was in favor of the United States.

2nd set of Int[errogatories].

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

I was at Mr De[legal] the claimant’s house when they took his property.

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

I saw this property 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 said they came to set us free & we’ll have longer Christmas than we had ever had, & whatever they take from us we will receive Uncle Sam will give it back to us. They then went right on taking the property.

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?

This property was taken at Dr. Delegal’s place Liberty Co. It was taken about in December when they came about 1864 or 66 between these times as I had said. It was taken I believe by Kilpatrick’s Army. They were constantly coming for a day or so.

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

The claimant & Wm. McIver Adaline Munroe Robin Munroe & others were there besides myself & the soldiers at the taking of the property.

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 were officers present. I don’t know their rank but I knew they were officers from their dress. I did not hear any order given to take this property. They were on horses. These officers sat on their horses & looked on at the soldiers taking the property. I expect they could have prevented the taking because they were the commanders of them. The officers did not say anything.

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 came & led the mare off & went into the pen & killed the bacon hogs & the rice and corn was in a little barn & they went there & took it & they took everything mentioned in his claim.

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 loaded the buggy up with corn & put their horse in it & drove off with it. They came with their own wagons & put the things in wagons & on horses.

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?

The property was moved to Medway Church. They went down the road towards Medway Church & I suppose they went there because the biggest body was there.

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.

I suppose they took it to eat & to use. I saw them eat themselves & feed their horses right here on the place.

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 complaint made by claimant to any officer on account of the taking of the property I firmly believe he was so glad to be free he didn’t care what they took.

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 him ask for any voucher or receipt.

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?

This property was taken in the daytime. It was after breakfast they took it. They did not take any of it secretly but openly as they were not afraid to be seen at all.

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 at Medway Church when this property was taken & a part at Sunbury. The bigger part at Medway. The commissary department was at Medway. I believed it was there because the biggest proportion of the Army were there. I think commissary means someone who keeps the provisions to issue out to the men. They had not been in camp over a day when they came to get this property. They staid there some little time. I was so glad to be set free it seemed to me what little time I had been free was a long time. I can’t tell the time exactly.

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?

All of this property was sound & in good 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: She was a blaze faced mare, a splendid animal. A good large animal well broke to the saddle & harness. I didn’t know her age. I think claimant had her 3 or 4 years before freedom. We used to have one task, & we used to work hard & get done one task & then go in our own fields, & we used to raise things besides. This was the way Mr. Delegal came to own these things. I never heard his right to his horses or his other property disputed.

Item No. 2-3: He had 3 bacon hogs in the pen & one sow, she was a stock hog. I don’t think I am a judge of the weight of hogs but think these might & would weigh 160 to 170 lbs a piece. The three bacon hogs the sow the stock hog would weigh 125 lbs. They killed them all & some of the meat they put in wagons & some on horses.

Item No. 4: 16 bee hives. They went in & took the axe & smashed the hives & took the honey. They ate as much as they wanted & they took the rest in tin pails & buckets on their saddles & in the wagons.

Item No. 5: He had about 40 head of poultry & they shot some & caught some & slung them onto their horses & went off.

Item No. 6: He had one cow & one yearling I saw them kill them there & take them off. I think she would weigh about 60 lbs to the quarter. I don’t know how much she would weigh. I think the yearling would weigh about 125 lbs. I am no judge of the weight of cattle.

Item No. 7: I saw them take off 3 white wool blankets.

Item No. 8: About 30 bus[hels] of rice. I believe it to have been more. They allowed about 25 bus[hels] to a task & he planted about a task & a half apiece. This rice was threshed & in the house & in a bin built something like a room. I judge from the bulk in the bin. The bin would hold 75 bus[hels] & it was all of half full.

Item No 9: He had about the same quantity of corn as of rice. It was in the ear & in another bin in the house. I think he may have had about an acre & a half planted or more. I don’t know. I judged from the pile there was between 30 & 40 bus[hels].

Item No 10: I saw them take the money from him, he was in the house & they caught him & made him give it to them. I was right at the door & as they got it from him, as he hauled it out they counted it. They said it was $1.50.

Item No. 11: He had an open spring buggy with iron axle trees. I think he had it about 2 or 3 years, it was in good order when they took it. They put their horse in it & carry it off.

Item No. 12: There was only one vehicle there. You might call it a spring buggy or a spring wagon. Anything in springs I call a buggy.

Item No. 13: It was a good leather harness he had. I think he had the harness about the same time he had the buggy. They put the harness on one of their horses & take the buggy off with a load of corn in it. This property all belonged to Mr. DeLegal. I know because I knew him from the time I had sense to know anything & he had this property in possession & I know it belonged to him. I saw the soldiers take it away.

T. H. Monroe [appears to have signed it himself]

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

Testimony of Witness (Richard Cummings)

My name is Richard Cummings. I was born in Bryan County a slave and made free by the Yankee Army when they came into the county. I belonged to William Thompson. I am about 59 years old. I reside on my old master’s place in Liberty Co, Ga. I am a farmer. I am not related to claimant at all. I have no interest in his claim none at all. I have known him about 25 years. He was a good Union man all through the war. We used to talk together while it was agoing on and I know from our conversation that he was a good friend to the Yankees.

2d Set 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 at claimant’s house when the soldiers took his property.

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

I saw all or most of it 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.]

I saw the soldiers of the Union Army take his horses, hogs, beehives, poultry, cow and yearling, blankets, rice, corn, wagon, harness. I did not see them take the money. When they came up to take his property they asked me about the rebels wanted to know if there were any about the neighborhood. I told them there had been a few but I thought they had left. That was all they said but went to taking corn rice poultry and everything on the place. I think they belonged to Kilpatrick’s army. They were on horses they had been in the camp I think one night when they came to claimant’s house for his property they staid there in camp about 3 weeks or more. They were camped about 3 ½ miles from claimant’s house at Midway Church.

[Transcriber’s note: skips from question 4 to 16]

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 horse was a blazed face horse medium size in good order well broke to the saddle and harness. I do not think his age hurt him I think claimant had him about 4 years I know the horse belonged to him, he traded for him another horse I never heard his title questioned to anything he owned. I saw them lead the horse away.

Item No 2-3: He had 4 head of meat hogs in the pen. He said he had a sow but I never saw her. 2 of these I know would weigh about 200 lbs apiece. The other two were ?a great shot lighter? they would weigh 125 to 140 lbs. They killed them & put them in their Gov wagons they had there & tie some on the saddle behind.

Item No 4: He had 16 bee hives. They went up to them & break them up to take out the honey & put it in pails from the house & put the honey in it. They took it off.

Item No 5: I didn’t know how much poultry he had. I saw them take it off. I don’t know how much head he had.

Item No. 6: He had one cow & a yearling. She was a very large cow. It was about 2 years old this calf we call anything that had not had a calf a yearling. It was nearly full grown. They drove them away. They did not kill them there.

Item No 7: I didn’t see those blankets taken. I know he had blankets there I saw them & he told me the soldiers took them, that’s all I can state about it.

Item No. 8: He had about 30 bus[hels] of rice. He said he had 30 bus & I saw it in bulk in his bin & it looked as if there was 30 bus there. They hauled this rice away in Gov wagons.

Item No 9: He had about the same 30 bus[hels] of corn I judged by the bulk. Do not know how much he had planted in corn. They took it out & put it in the wagons I saw they fed while they were loading.

Item No 10: I did not see them take the money. All I know about the money is he told me he had it.

Item No 11: He had a spring wagon. He had it about 3 years. I saw them take the wagon off with corn in it. It was just repaired, in first rate order.

Item No 12: I did not see any buggy there.

Item No 13: I saw the harness it went with the wagon. It had been used a good deal, but was in pretty good order.

The claimant did not shirk work he was a hard working industrious man & is still so now. The claimant was foreman in Mr. DeLegal’s plantation. I don’t know how long he had been foreman but he was foreman when the Yankees came in. I don’t know how many slaves he owned. The claimant was allowed to own horses hogs horses & such things as he has in his claim. He allowed his other slaves to own property as well as the foreman. His slaves were worked by the task. A good [word] industrious man would finish his task sometimes at 12 sometimes at 1 or 2 o’clock & the rest of the time was his own to use as he pleased. They were allowed all the land they could tend [2 words]. This was the custom through the county among the planters. I was driver myself for William Thompson. He owned 30 or 40 slaves little & big.

[Signed] Richard Cummings [signed by mark]

Witness: E.E. Adlington

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

Testimony of Witness (Samuel Elliott)

My name is Samuel Elliott. I was born in Laurelview in Liberty Co a slave became free after the Army came in here. My master was Maybank Jones. I am about 54 years old. I live in Laurelview. I am a farmer. I am not related to the claimant. I know him, have known him about 20 years. He all the time [was] speaking in the behalf of the Union. I have no interest in his claim at all. I was at his house when they kill his hogs & take his beehives. I saw a part of the property taken. This property was taken by the Yankees. The soldiers who belonged to Sherman’s Army. The army was encamped at Midway Church this was the biggest part & some of them were encamped at Sunbury.

Item No 1: It was a bay horse with a blaze face he had. A medium sized horse well broke to work in harness. I did not see the horse taken.

Item No 2 & 3: I saw 4 hogs there. I saw them kill them out of the pen sir. I came over & left them there. I just saw the soldiers killing them. They were good fat hogs I think would weigh 150 to 200 lbs I did not notice them in regard to their weight much.

Item No 4: He had 15 or 16 beehives. I saw them get the honey for they would [word] get the piggins & things to put it in.

Item No 5: I saw them take the poultry. I saw them catch & kill them & helped hold them. I don’t know how many he had.

Item No 6: He had 2 cows one was a small one. I did not see them kill them I saw beef meat in the wagon.

Item No 7: I don’t know anything about the blankets.

Item No 8-9: I saw his corn & rice. I don’t know how much he had. I ought not to say I saw the corn because I did not I know he had corn & I know he had rice because I bought some of him.

Item No 10: I don’t know anything about his silver money.

Item No 11: I saw a spring buggy wagon there with an iron axletree. I don’t know how long it had been used but it was in good order. I dod not see them take the wagon away. I saw the wagon while I was there.

Item No 12: I [word] see no buggy there.

Item No 13: He had a harness, a leather harness. I don’t know how long it had been used.

I was there at his house about an hour before the army came & saw these articles I have stated all there & in good condition. I went back there the same week & everything was gone then. I was there about an hour before the Army came as I have before stated & staid there till the Army came. I saw them begin killing the hogs & commence taking the things & then I left. I got the piggins for them to put the honey in & helped them hold the fowls about 7 of them I was there about 2 hours after they came. I don’t know whether the beef I saw in the wagon was the beef of the two cows belonging to the claimant. I was there 2 hours & chasing chickens & helping ?horses? & there was time enough to kill the cattle & I not see it or to drive them off & kill them [word]. The men were thick then, enough to do anything in a short time.

[Signed] Samuel Elliott [signed by mark]

Witness: E.E. Adlington

Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia
Claim No. 43626
Sett. No 3575

Lafayette DeLegal of Ga.

$220.00

Due him
Out of the appropriation for
“Claims of Loyal Citizens for Supplies furnished during the rebellion.”

For amount allowed him by the Southern Claims Commission.

Reported April 19, 1877
Returned April 20, 1877
Requisition No. 4030, dated
April 25, 1877, transmitted for
Warrant April 27, 1877

$220

[Made payable in care of James Atkins, Collector of Customs, Savannah, Ga.]

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