They Had Names

African Americans in Early Records of Liberty County, Georgia

Elizabeth Somersall – Southern Claims Commission

Southern Claims Commission Petition By

Elizabeth Somersall

James and John Somersall were white brothers who lived in rice-growing, slave-owning Liberty County, Georgia. They were poor. They owned a few acres of land, grew their own food, milked their own cows, and didn’t own people.

John was in his late 30’s when the clouds of the Civil War appeared on the horizon, and his view of the matter was that he had nothing to fight for. His mother, Elizabeth, a widow, tried telling her neighbors that they shouldn’t fight to keep their slaves. She told them that if she did own slaves, even a lot of them, she would gladly give them up to keep the war away. John had to tell her to stop, that they were going to come for her and kill him for defending her. She stopped.

John didn’t seem to think there were states’ rights involved. He thought he was poor, and that he was going to get killed so that rich men could keep on profiting from owning people.

How do we know that? As the war was starting, he went to the nearby Laurelview plantation, owned by the wealthy Jones family, and found Sam, an enslaved man he knew.

He said he knew the South was going to lose, and asked Sam to take a hatchet and cut some of his fingers off.

So he wouldn’t have to fight.

Sam wouldn’t do it. John asked Jacob, another enslaved man. He also refused.

John and James were forced to join up. James was in the Liberty Independent Troop, 5th Georgia Cavalry. At the end of October, 1864, as Sherman’s Army prepared to march for Savannah, he was sick in a Savannah hospital. He and John then deserted and hid in the woods near their mother’s house in Sunbury, Liberty County.

The rebels were looking for John and James, suspecting they had gone to their mother’s, and Moke had heard they would be killed if caught. Elizabeth wanted Moke to hide James, who was probably still too ill to be hiding out in the woods, but Moke was afraid, because he had known some slaves “whipped nearly to death for harboring a deserter & that was as bad as shooting would not hurt so bad.”

Lafayette, another enslaved man at Laurelview Plantation, recalled that James and John were hunted by the rebels with dogs while they were hiding, adding, “They were poor men. They owned nothing but horses & cows & such things. They could not go in a rich man’s home in Liberty County.”

The U.S. Army showed up in Liberty County before James and John were caught by the rebels, and they and their mother lost everything. The U.S. soldiers stripped their property of everything that could be eaten, fed to horses, or burned for cooking fuel and to keep warm, as they did to the rest of Liberty County, both white and black.

Sam, the enslaved man who wouldn’t chop James’ fingers off, took the surname Elliott and successfully sued the U.S. Government in the 1870s under the Southern Claims Commission program to get paid back for the property the soldiers took from him.

Lafayette took the surname DeLegal, and also successfully sued the U.S. government for compensation.

John and James both died a few years after the war. Elizabeth Somersall tried suing for compensation for all that she lost when the U.S. soldiers came through Liberty County, but was refused. To get compensation, claimants had to prove that they had been against the rebellion. Only Elizabeth’s African-American neighbors would testify that she was against the war. Ironically, the Southern Claims Commission officers felt that she should have been able to find white neighbors who would testify that she had supported the U.S. cause.

Sam Elliott, Moke Todd, and Lafayette DeLegal did testify for her. They were farmers in Liberty County after the war. Sam walked 15 miles each way to testify for her, even though it was August and the weeds were growing fast in his corn and rice fields. He said he came “out of kindness” and that he was “glad to help the old lady if I can.” Lafayette said in his testimony, “If I should go to her house now she would set me at her table just the same as herself.”

Elizabeth died in October 1877 at 84. She gave her house and the surrounding lot in Sunbury to a much younger sea captain who lived with her, and gave a 10-acre plot of land her son had bought from William King to “my kind female friend Matilda McIntosh whose attentions under the blessing of God have prolonged my life to this time.” Matilda was a 62-year-old African-American widow who was born enslaved in Savannah. She had been owned by George W. Walthour, of Walthourville, Liberty County, until the war set her free.

Elizabeth Somersall SCC testimony
Elizabeth Somersall SCC testimony

Claim transcribed by: Stacy Ashmore Cole

About the Southern Claims Commission

The Southern Claims Commission was set up by Congress in 1871 to adjudicate claims for property taken by U.S. federal troops during the Civil War. More than 140 Liberty County residents — both black and white — filed claims, mostly for property taken during December 1864 when a unit of Sherman’s Army commanded by General Kilpatrick camped at Midway Church and conducted foraging raids throughout Liberty County. Horses, cows, hogs, poultry, corn and rice were the most common items of property taken. In Liberty County, many slaveowners allowed their enslaved people to work on their own time and own small amounts of property, most of which was taken by the U.S. troops for use by the Army. The “They Had Names” project is transcribing all the Liberty County claims that are still legible. See below for this transcript.

About This Transcription

What you are seeing: The Southern Claims Commission files for each claimant included all forms filed for the claimant, including cover pages, standard forms with filled in information, a special agent’s report about the claim, remarks made by the Special Commissioner summarizing the case, testimony from the claimant and his or her witnesses based on a standard set of questions, and copies of other paperwork involved. Much of the information contained in the forms is repetitive. We have summarized that information into one block, and transcribed all testimony, the Special Commissioner’s remarks, the special agent’s report, and any other relevant text.

Methodology: The testimony of the claimant and the witnesses has been transcribed exactly as seen. Some of the files are faded and/or difficult to read. Any words that cannot be read are indicated by “[word]”, or, in the case of entire sections, “[section illegible]”. Alternative spellings of names are also indicated with brackets.

 

Elizabeth Somersall claim cover page
Elizabeth Somersall claim cover page

The Claim: Summary & Transcription

Find the digitized original of this claim file at this Ancestry.com link

Summary

Claimant’s Name (Last Name, First Name): Somersall, Elizabeth (Mrs) [alt: Elisabeth] [alt: Summersall]
Listed as “Colored”? (Y/N): N
Amount of Claim: $926
Total Amount Allowed: N/A, Disallowed
Nature of Claim: Supplies
Claimant living in:Sunbury, Liberty County, Georgia
Incident occurred in: Sunbury, Liberty County, Georgia
Claim #: 18122
Secondary Claim #: N/A
Date Claim Submitted [YYYY-MM-DD]: 1872-12-19
Date Testimony taken [YYYY-MM-DD]: 1873-08-16
Claimant’s Attorney: J.C. Todd, Savannah, Ga; Raymond Cay, Jr., Riceboro, Liberty County, Ga
Property Removed to:
Date property removed: 1864-12-20
Army unit involved: Sherman’s Army commanded by Major General W.T. Sherman
Date Submitted to Congress [YYYY-MM-DD]: 1876-12-04
Post Office of Claimant: Riceboro, Liberty County, Ga

Witnesses to be Called:

Jonas A. Rowe

Lizzie Harrison [did not testify]

William Anderson (colored) [did not testify]

Smart Chip [did not testify]

Moke Todd

Samuel Elliott

Lafayette DeLegal

Items Claimed

Item #

Description

Amt Claimed

Amt Allowed

Amt Disallowed

1

3 horses

480

  

2

One dump cart ($40), cart harness ($10)

50

  

3

English saddle

20

  

4

2 large hogs salted down 400 lbs 

40

  

5

8 hogs, 100 lbs each

80

  

6

300 lbs jerked beef

20

  

7

30 head poultry

7.50

  

8

80 lbs (2 boxes) candles

32

  

9

45 lbs lard $9 6 lbs butter

11.40

  

10

50 bu[shels] corn

75

  

11

Fencing on 4 acres 2500 rails

75

  

12

Paling fence on garden lot 

25

  

13

Lot of socks & gloves

7

  

14

½ box soap

4

  
 

Total

926.90

  

Transcription

Remarks: The claim’t [claimant] is an old lady – 80 years old. She had two sons in the Rebel Army. She owned 14 acres of land & her sons lived with her & appear to have earned a part of this property. Her husband died 40 years ago. Her witnesses to loyalty are Moke Todd (a slave formerly who has a claim), Sam’l Elliott (also a slave formerly, who has a claim) & LaFayette Delegal (also formerly a slave & has a claim) and one James [SIC, Jonas] Rowe, who conversed little if any with claimant but “thinks” she was loyal & knows that her son (who was in the Rebel Army) was loyal. If the woman was really loyal it would seem that she could have produced some witnesses from among her neighbors who could have testified to that fact with means of knowledge.

Her sons towards the close of the war deserted & it is claimed (but no proof) that they were conscripted.

We are not satisfied of her loyalty. Claim disallowed.

A.O. Aldis
O. Ferris
J.B. Howell } Commers [Commissioners] of Claims

 

Testimony of Claimant

 

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

My name is Elizabeth Somersall, my age 79 years, my residence Liberty County, in the state of Georgia, and my occupation a farmer; I am the claimant and have a beneficial interest in the claim.

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

My name is Mrs. Elizabeth Somersall. I was born in the state of Maryland. I am in my 80th year. I reside in Liberty Co Ga. 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 on my own place in Sunbury. There were about 4 acres in the place & I owned another place of about 10 acres, this was near Sunbury [word]. I cultivated this land myself by the aid of help. I did not change my place of residence 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 of affirmation.

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?

I took the amnesty oath to support the Govmt [Government] of the United [States] & support freedom with the slaves.

6 to 25 inclusive to each & every question claimant 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?

I was never threatened I had to keep as still as I could.

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 so molested.

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 so contributed.

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 couldn’t do anything for the Union cause I had no opportunity.

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 two sons & both forced into the Confederate Army. Their names were James the oldest & John the youngest. James was 42 or 3 when he went into the war. John was about 37 years old when he went into the service. They are both dead, died since freedom. I did not furnish them with any supplies, but while they were hid in the woods after they deserted I used to get all I could to them & at one time I had a cave dug under my house & hid them but not long at a time & when they were in the swamp I used to get them bedclothes & help them all I could. They were caught & they deserted again & I used to send them all the money I could to keep them from starving; they one of them like to have starved to death they could not get enough to eat in the Army. John was in the woods when the war closed.

31. Have you owned any Confederate bonds or any interest or share therein; or had any share or interest in any loans to the Confederate government; or did you in any way contribute to support the credit of the so-called Confederate States during the late rebellion?

I never owned any Confederate bonds.

32 to 39 inclusive to each & every question the 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 sympathized with the Union cause I had nothing to do with the rebellion. I used to tell them that if I owned a great many slaves I would give them all up gladly to keep the war off & I told one man boldly who was going into the war that he was very simple that they ought all to stand up together & tell them they would not fight for their nigger property & I kept on talking so till John told me if I didn’t hush I should be the death of him for they would be after me & he should have to fight for me, & that scared me & I stopped [word]. To be sure all the influence I had was on that side. I did not change my feelings after the ordinance of secession but I was a poor ignorant woman, helpless, I could do nothing no way.

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 against the United States to the end thereof my sympathies were constantly with the cause of the United States; that I never of my own free will & 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 I was at all times ready & willing when called upon or if called upon to aid and assist the cause of the union or its supporters so far as my means and power and the circumstances of the case permitted.

If the claimant be a female, ask the following questions: 42. Are you single or married? If married, when were you married? Was your husband loyal to the cause and Government of the United States throughout the war? Where does he now reside, and why is he not joined with you in the petition? How many children have you? Given their names and ages. Were any of them in the Confederate service during the war? If you claim that the property named in your petition is your sole and separate property, state how you came to own it separately from your husband; how your title was derived; when your ownership of it began? Did it ever belong to your husband? If the property for which you ask pay is wood, timber, rails, or the products of a farm, how did you get title to the farm? If by deed, can you file copies of the deeds? If single, have you been married? If a widow, when did your husband die? Was he in the Confederate army? Was he in the civil service of the Confederacy? Was he loyal to the United States Government throughout the war? Did he leave any children? How many? Are any now living? Give their names and ages? Are they not interested in this claim? If they are not joined in this petition, why not? State fully how your title to the property specified in the petition was obtained?

I am a widow. I do not recollect what year I was married in. I do not remember what year my husband died but upwards of 40 years he has been dead. He left two children James & John. My husband & children are all dead. The property was left by my husband, a part of it, and John accumulated a good deal of it. My husband left some & the children, my sons, worked & made more of it & when they died I was the only heir & when my business was done, it was done in my name & when anything was bought & sold it was in my name. I bought both of the lots of land after my husband died. The title to the property was in my name & not in my husband’s.

[Question 43 only asked of “colored people”]

Revised Questions as the Taking or Furnishing of Property, to be Answered by Claimants and Witnesses.

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.

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

I saw them take the meat & the lard & saw them shooting the hogs. I saw them take the two large horses. I saw them take the poultry & the candles & most of the things.

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.]

The first thing they said – I was milking my cow & I was scared & left my calf in the rope & he asked me if I had heard that there were raiders coming & I said I had heard that there were marauders a coming & he took up my milk & drank it & laughed & said he was a yankee. The first thing he did he went to my cupboard & took a large lump of butter perhaps 10 lbs & carried it off & they went through the house & took what they wanted.

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 were taken in that old house in Sunbury where I lived. The things were mostly in the house, the corn was in the house. When the Yankee Army came here, they were taken. It must have been in the first part of the winter. I do not remember the year. I suppose they were Yankee soldiers who took this property they told me they were Yankees. They could not have been rebel soldiers unless they came in the name of Yankees. I didn’t see any different in them except their blue jackets & they told me that some Kentuckians who were there told me there were 400 there but I couldn’t tell of my own knowledge. I don’t think they were there more than 2 days taking the things.

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

I was entirely alone off & on then. I did not own a slave. There was no other person present there that I know.

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 don’t know if there were any officers present.

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 caught the horses & led them off I believe. I saw them roll the cart out but did not see what they did with it. They shot the hogs & carried them out after they shot them & so they went on taking the whole of it.

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

I don’t know how they moved it. I suppose they moved it on their horses & in their wagons. I saw them have horses & some wagons then. I saw them have hogs cut up & dressed on their 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?

I don’t know where they moved this property to. I suppose they took it to eat. I reckon they might. I don’t suppose the officers encouraged them in 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.

I did not see them use it. I saw them cooking round me but I don’t know what they had.

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 went once to Major Baldwin & told him such a little horse would not do them much good & he said it would do some good if it only carried a man 10 miles till he could get a better. I went to him twice once in regard to the largest horse & he sent it home & told me I must get corn & fodder from the soldiers & feed him & I must [word] him up. I fed him once & he was gone I supposed some of the soldiers took him.

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 for a voucher or receipt for 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?

It was taken in the day-time I think some in the morn & some in the afternoon. It was not taken secretly I don’t think they were hungry I think they taken it out of badness.

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?

They encamped right there in Sunbury near me & all around me. They took it at the first when they came in. I think they staid about 2 weeks. There had not been any battles or skirmishes about there. I did not know any of 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?

The hogs were running about & they shot them & the fowls they [word] over with brick bats or anything they could come at. The property had been all housed & taken care of.

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: 3 horses. I think the two work horses were 7 years old & the other a nice little pet saddle horse about 3 years old. I saw two of them taken & in the possession of the soldiers & the little one I heard was in their possession. I went to the officers & they said what I have already told about it. These two old horses were of medium size & very good work horses. They were in good order.

Item No. 2: The cart was an old cart, of not much value. We had had it a good many years. I do not [think] it was in good order. I saw them roll it out but whether they want it for firewood or used it I don’t know. It was a common cart harness & cart saddle. They had not been used for more than a year & I hadn’t taken much notice of it.

Item No. 3: This was a leather saddle nearly new my son had just bought it. They took it with the little horse.

Item No. 4: There were two large fat hogs salted down. The hogs running out were not fat they were just in fair order. The two fat hogs that I had just got salted down. I could not tell how much they would weigh.

Item No. 5: 8 small hogs running out, were not fat just in tolerable order. They would have been easily fattened. I saw them shooting those.

Item No 6: 200 lbs of jerked beef. It was cut off the bone & dried in the sun. I know it would weigh 200 lbs. I did not weigh it. I saw them take the beef away.

Item No. 7: I think I had 30 head. I saw them catch them & kill them & carry them away.

Item No. 8: I had two large boxes I think. They were made of myrtle berries by myself. I saw them carry the candles out of the house.

Item No. 9: I had 4 jars of lard holding about 3 gal each all full. 10 lbs of butter they took the butter & lard the same day.

Item No 10: I don’t know how much corn there was, I saw them take it away.

Item No. 11: Fencing round 4 acres. It was 10 rails high staked & [word]. They used all this fence except a few scattering ones. They used it for camp fires & cooking.

Item No. 12: A paling fence round a half acre of ground; they burnt it. They took all the paling except a few scattering ones. They used it for fuel.

Item No. 13: 8 pair new cotton stockings & 2 pr of silk gloves. I think they were worth a dollar a pr.

Item No. 14: About a half box of soap. It was a common sized box of soap. It was common washing soap.

Question 17 & 18: Passed.

Question 19: No part of this bill has ever been paid to me. This is the first & only bill I have ever made out against the Gov. This is all my property & I am the only [word]. I have reason to believe it was all taken by the army & for the use of the army.

Witness: E.E. Adlington

[Signed] Elizabeth Somersall [signed by mark]

Sworn to and subscribed before me

Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Moke Todd)

 

My name is Moke Todd I was born in Liberty County Ga a slave and lived so until the Yankees came into the County of Liberty. I belonged to William Thompson. I am now about 50 years old. I reside in Liberty County on Mr. Thompson’s my old master. I am a farmer. I have no interest in Mrs. Sommersall’s [the claimant’s] claim. I have known her as long as I have known anybody. I knew her all through the war. I lived about two miles from her. I saw her every day almost during the war. I heard her talk about the war and she talked with me. She was in favor of the Yankee side all the time. She had two sons in the Rebel Army they deserted and would not fight against the Yankees they came home and hid in her house & in the woods. I knew they hid in the house because I saw them they did not hide from me I saw them in the woods I used to carry provisions to them they were there for sixty day — two months they did not come out of the woods till the Yankees got into Sunbury. The boys said they would not fight and I believe they did not, the white rebels said if they could catch them they would kill them. Mrs. Somersall used to say they had nothing to fight for and they were not going to do it. That is all I heard her say. I never heard her threatened but they were trying to catch the boys all the time.

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 not there at the house but I saw the horses after they had taken them in their possession. I did not see them take any of the property.

3-4-5-6-7-8-9 questions passed.

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 carried them to Medway [Midway] Church I don’t know why they took it there they had a station there & they generally took all their things there. I know she had 3 horses because I saw them there the day they came. I saw the cart there I saw the harnesses, the saddle, the hogs & the meat I was there the day they killed the two meat hogs I saw the meat taken into the house. I saw 8 live hogs there common stock hogs not very fat but in good order. They killed one beef there. I was there the next day & saw the beef already killed in the house. I saw the poultry I didn’t count how many they were but they had a good many. I didn’t see the lard or candles I saw butter there & I guess about 10 bush[els] of corn upstairs. I saw land fenced in & a garden fenced with split palings. I did not see the soap or stockings. I was there on the same day that the raid passed & the things were all tore up & taken away & she was crying because her things were gone she said. I think the Yankees took these things though I didn’t see them. I was there in the even & they were burning these rails & in the morn they were still burning & the soldiers were there 2 or 3 days camped round her house. I mean to say the beef I saw there was killed by Mrs. Somersall & not by the soldiers. I was there at Medway Church myself & saw the station & so I know the station was there. I saw them go by my house with the horses in that direction & I suppose they went to the Station with the horses.

Witness: E.E. Adlington

[signed] Moke Todd [signed by mark]

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 Liberty County Ga a slave and became free when the Union Brigade came through I belonged to Maybank Jones I am about 54 or 55 years old I live on the same place I was born on “Laurelview” Liberty County I am a farmer. I have no beneficial interest in this claim against the U.S. I have known Mrs. Somersall over 30 years. I knew her all through the war. I live about 3 miles from her. I saw her from one to three times a week. I heard her say she did not want them to fight her sons came to me before the war started and told me there was a going to be a war and they expected all would be pressed into the service he wanted me to take a hatchet and chop his fingers off for he did not want to fight I refused to do it I did not have the “heart” to do it he then called Jacob Monroe a slave to do it & he refused claimant’s sons are both dead – died since the war I think John was 38 years old he was the youngest. He was the one who wanted his fingers cut off. Mrs. Somersall said she did not one [presumably typo for “want”] them to go into the war or any body else if every body minded their own business they would find enough to do at home. She said she hoped the Yankees would whip she knew they would sure she did not own any slaves but cattle & horses. She told me after her son came home from the war and when he was hid in the woods we would all be free soon she was glad and said so for they would all have to take the plow as she had she wanted to see “them rich mens” all put to the plow and hoe & and then the country would be better off there all would be “equalized” said then they could not ride the pattroll [patrol] any more to cut up the colored people. That was her cry all the time from the commencement of the war till the close. She talked about the Yankees all the time said they were just as sure to whip as the sun was to rise in the east, and she was rejoiced at it. She was all the time getting the news and telling us how the war was going on and said the south would get enough of it pretty soon. She said she would not do anything for the Rebel soldiers to save their lives. I never knew her to help them in any way. I think she might if she saw one suffer for she was a very kind hearted woman she was always very kind to the colored people & would do anything for them she could. There was not one colored person [in] Liberty County that did not think well of her “she and the two mens” were strong for Union all the time there were very few Union men in Liberty County. I did not know any others myself we were not allowed to talk much. They cut and slashed the colored people so much I was afraid to talk and to ask anybody else we used to go to her two “mens” to get the news when they were at home they were both in the Rebel war for a while they were away and came home they wanted me to harbor James I wanted to do it but I was afraid they would come on me they would that quick the order was if anyone was caught harboring a deserter he must be shot or put into the place of the deserter. I did not know anyone to be shot but I know some slaves whipped nearly to death for harboring a deserter & that was as bad as shooting would not hurt so bad. I could talk all day and tell you about these things. She prayed and cried a great deal all the time when the war was going on & she always talked “the one thing” the colored people were all for the Yankees and in Liberty all knew Mrs. Somersall was a Union woman. I don’t think she did anything for the Yankee soldiers we had not any opportunity to do anything for them until they came here then I think she did all she could for them but that wasn’t much for they stripped her of everything. She was always wishing the Yankees would come said they could not come fast enough for her.

2nd set Int[errogatories]

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

I was not present when the soldiers took claimant’s property I went down to her house the next day after it was taken.

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

I did not see any of her property taken but I saw a soldier on her horse coming across the bridge near Sunbury. I knew the horse as well as I knew the coat I have on my back. I saw to [two?] of her horses when I went to her house I said “hello” you sold your horses to the Yankee. She said no they had taken all them & did not give me anything for them. When I got to her house things were torn up mightily and all gone.

4, 5, 6, 7, 7, 8 & 9 passed

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 do not know what they took her property for. I suppose they took it all for use they had a heap of broken down horses the soldiers were all on horses had little short guns I did not see them using any of the property except the horses.

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 Mrs. Somersall make any complaint to any one on account of taking her 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 hear her 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?

I do not know whether the property was taken in the night or day time I was not there til the next day.

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 the property was taken the Army was encamped in and about Sunbury I think it was Kilpatrick Army I knew Col. Baldwin was in command in Sunbury. I don’t know how long they staid there I judge they were back and forwards about three weeks.

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?

I was at claimant’s house the day before the Army came to her house, and I saw 3 horses. I saw her live hogs about the yard – a plenty of them, I think 5 or 6. I did not notice particularly the number. I noticed one very nice and fat. I asked her if she was a going to kill that one she said not now, they had just killed two. I saw lots of poultry in the yard I do not know how many I wanted to buy some of her “game-breeds.” I bought a rooster & hen and I have got some of the breeds now I saw her fencing all in good order and when I returned to her house the next day after the army came to Sunbury and the things I have mentioned were all gone & the place was stripped of every thing that is all I can say about the taking of the property. I don’t know how much land they worked. She always had a plenty of property and lived well. She was a hard working industrious woman.

She has not promised to give me anything to come here to swear for her neither did she tell me what she wanted me to swear to she knew me too well for that. I came out of kindness to her though the grape is growing fast in my rice and corn and I ought to be at home this minute I live 15 or 16 miles from here. It is a long way to walk but I am glad to help the old lady if I can for she has been a very kind “[word]” [looks like a colloquial form of “woman”] for many years. Master do let me off.

Witness: E.E. Adlington

[signed] Samuel Elliott [signed by mark]

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

Testimony of Witness [LaFayette Delegal]

 

I was born in McIntosh Co Ga a slave became free when the raid came through. I am 47 last April. I live at Mr. Jones place Liberty County Ga. I am planting. I know the claimant I have known her ?20? years. I have no interest in her claim. I knew her intimately during the war. I did not ever know her to own any slaves. I saw her every Sund[ay]. I lived 6 miles from her. She always taught the col’d people that they would be free in time according as the Bible tell her, but she had to do it secretly. She used to keep a little shop & we used to go there to buy tobacco & we used to talk to her she was always very kind to the col’d people. They used to go to her to find out about the war & she used to keep them advised about it. She always talked the same there was never any change in Mrs. Somersall. If I should go to her house now she would set me at her table just the same as herself. She didn’t dare do this during the war, because the custom of the county wouldn’t allow it before the war. All the col’d people so far as I know all looked upon her as a good union woman. She never speak any of the war but on the side of the union. I knew both of her sons. They were drafted to go into the rebel service but they were away. They were men grown. They run away & hid in the woods, they used to hunt them with dogs & they used to rub their feet with garlic so the dogs could not smell their tracks. They were poor men they owned nothing but horses & cows & such things. They could not go in a rich man’s home in Liberty Co. I never knew her to do anything for the confederate soldiers in any way. I have not a single doubt in my mind but Mrs. Somersall was a true loyal woman. I think she mean what she did. She was the only white union woman I know in the County. Her sons are both dead, died since the war. I don’t know anything about her property except she & her sons had a plenty of horses & other property around them but I didn’t know what became of it. After the Army was gone I missed the horses from her place. This is all I know about the property.

Witness: E.E. Adlington

[Signed] Lafayette DeLegal [signed by mark]

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

Testimony of Witness [Jones A Rowe]

 

Questions by Claimant’s Attorney.

My name is Jones A. Rowe. I am about 58 years old. I was born in Bullock County in Ga. I live at Sunbury in Liberty Co Ga. I was living in Dec 1864 in Sunbury. I have been living there since 1837. I know the claimant Mrs. Somersall. I have known her 55 years. She has been living there all that time except about 2 years when she went to Athens & staid. This was a good while before the war that she went there. I think the claimant was a union woman at the beginning of the war I know her oldest son James was, because I heard him talk so & I know he talked so all through the war. I believe his mother was opposed to the war I know James was, & believe she was the same. She would have rather things staid as they were he didn’t believe that the South would conquer & didn’t believe in the war. I can’t remember all that was said but I know I looked on him as a Union man. He was run off by being threatened for something he said to the slaves before the war. I don’t recollect the words but I think it was something like they ought not to be slaves. Had 2 sons were in the Confederate Army at times they both deserted & came home & lay out in the woods. They were in the woods when the raid came, & James came & gave himself up to Col Baldwin, the commander of the United States troops at Sunbury. It was horse men. I understood there were 400 men there under his command. Col. Baldwin staid there 2 days at Sunbury. The sons of the claimant I think they were conscripted into the Army. They didn’t go I think until after a year, after the war began. James was in Thompson’s company from Liberty Co. I don’t remember what company John belonged to. They didn’t own slaves in the time of the war. The claimant used to own a few a long time before. In about 1837 she owned one woman named Tamer. I don’t know how long she lived, but she died soon after, in a few years. I believe from all his actions & his talk through the war that her son James was a Union man. I never heard the old lady talk much about these matters but I think she was the same as her son. I saw some of her property taken. I was not at her house. I supposed her house was 250 yards from mine. I could see a portion of the soldiers camped in her yard from my house. They rode round & shot hogs, & cooked & ate. I saw them take one little sorrel blaze faced mare & I saw them have another one of her horses in their possession but I didn’t see them catch it. She lost 3 head of horses. They left her one colt. I did not see them kill her hogs. I did not see them kill any of her poultry. I did not see them take her butter & lard. She owned cattle & I know she has made butter. She had some poultry. I don’t know how many. I believe they burnt some of her fencing, for I saw her fence before the Yankees came, & it was gone when they left. I know they burnt a good deal of it. I don’t know whether they burnt all or not. I saw their fires. There was nothing in Sunbury to make a fire of but rails & fences. The men that took her horses were the men who came with Col. Baldwin. I suppose they were his soldiers they came with him. They went back to Midway from Sunbury. Col. Murray & Col. Jordan were some of the United States officers at Midway. Col Murray was the one who released me when I was prisoner. I was at Midway one night & one day. The soldiers were cooking sheep, beef, potatoes & hog meat.

I have been living in Liberty Co since 1837. I never owned slaves. I know the slaves in this county owned horses & hogs, cattle, buggies & wagons & were allowed to buy & sell with their master’s permission. I have traded with the slaves myself with this permission. I have traded horses with them. I traded with one of Scriven’s men Scipio I think was his name. The slaves were allowed to raise a little corn & rice in their little patches & any thing but cotton.

Interrogatories by Special Commissioner:

I can’t tell how many of the owners allowed their slaves to own horses, cattle & hogs, but a good many did. Mr. Delegal, Mr. LeCount [alt: LeConte], Mr. Scriven [alt: Screven], Mr. Mallard, Mr. Jones & I believe all allowed it. I didn’t know one who did not allow it. The county was in pretty bad condition, almost all taken out of it, when they left.

[signed] J. A. Rowe

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

E. Somersall vs. United States } Before Virgil Hillyer Esq.
Special Commissioner
Georgia

I have no further testimony to present in this case and respectfully submit the same to the Commissioners of Claims for their consideration and decision.

Raymond Cay Jr.
Atty for Claimant

 

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