John Way – Southern Claims Commission

Testimony of Claimant

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

My name is John Way, my age 49 years, my residence Rice Hope, Liberty Co. in the state of Georgia, and my occupation a farmer; I am the claimant and have a beneficial interest in the claim.

[TRANSCRIBER’s NOTE: This is where the file at the link above ended. Most of the remainder of the file was found mis-filed at Ancestry under “T” but that part started up in the middle of question 27. The answers to questions 1-26 have not yet been found (though the answers to questions 3-25 were very likely “no”). The final part of the file was found mis-filed under “M.”]

1. What is your name, age, residence, and occupation? [Answer not found yet]

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? [Answer not found yet]

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? [Answer not found yet]

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. [Answer not found yet]

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? [Answer not found yet]

6 to 25: [Answers not found yet but answer was almost certainly “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? [Answer not found yet]

[Middle of file found here]

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

….…“Them” was hard times for the slaves. I was glad when the struggle was over, it did me good to see the rebs run when the Yankees came.

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 was a slave and never had anything to contribute or do anything for the U.S. 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.

After the Yankees came in to the County I ground corn for them, and helped them all I could I waited upon them, I helped them in that way nearly two weeks – they did not pay me anything I was only too glad to do it.

30 to 39 inclusive to each and 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?”

At the beginning of the rebellion I sympathized with the Union Cause I felt satisfied and glad. I felt the will of the Lord, we had been praying for so long was about to be done. I could not say much was not allowed to talk there was always some poor weak “man” who would “tell on us” so we had to keep pretty “close mouthed” but we kept up a thinking all the time – till the Yankees came and gladened [sic] our hearts.

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 time I heard about the war and understood it my feelings were constantly on the side of the union and for them to whip the rebs. That I never did anything of my own free will and accord, knowingly, by word or deed to injure said cause or retard its success. I was willing and ready when called upon or had a chance to do all I could to aid and assist the Union – but as I have said before we were all watched “as a hawk watches the chicken” and had no chance till the Yankees came.

[Question 42 only asked of women]

If the claimant be a colored person, ask the following questions:

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.

In the beginning of the war I was a slave and became free when the Yankees came in the County. When I was a small boy my uncle gave me a little puppy I raised him and made a very fine game dog my Father sold the dog for a cow and calf or swaped [swapped] – after I was 21. My Father gave me a cow and calf from the increase of that first cow and calf. I kept on trading till I bought the mare. I raised Hogs, and Poultry, Corn and any thing but cotton. That was the way I got what the Yankees took from me. I bought the buggy as I did other things I worked and sold to get money and paid for it. I worked for my Master by task. I belonged to Leander Varnadough [alt: Varnedoe or Varnadoe] when the army came though. I am not now in his employ I live on land rented of McKaunell [alt: McConnell]. I do not owe my master anything. No body has any interest in this claim besides myself and family.

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 the articles of property specified in my claim were taken.

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

I saw the property all taken by the Union Soldiers.

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.]

When the soldiers first came up they just said they wanted this thing and that thing, they needed all they could get – one man came up and said he wanted my watch, that he was ordered to take it and I gave him my watch a double case silver watch a very excellent one it was too. They went a head and took everything I had. I could not say a word they said they had been fighting for my freedom, and I was willing to give all I had for that.

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 property was taken at my house on Rice hope Plantation by the Union Soldiers in December month – I do not know the year. I can’t tell how many soldiers they came in gangs of 15, 20 and 30 at a time they all belonged to Kilpatrick’s Army the property was not all taken in one day they took the horse and buggy the first day and then they kept coming from day to day till they got it all away.

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

I was present. Ceasar [alt: Caesar] Houston, Thomas Way, Fortune James, Cane [alt: Cain] James, and others 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 saw some head men giving orders to take the property and when they ordered them to leave they left so I suppose they were officers I did not know much about such things then.

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.

The cows were in the pasture at my house they went into the lot killed them in the lot and carried off the beef they killed them as they wanted them but not in one day, they drove off I think 4 head just half of them, the horse they took out of my stable they put their saddle and bridle on to my horse rode him and led the one they rode there, they put one of the soldiers horses into my buggy using my harness, filled it with potatoes belonging to my master at my house they killed a sheep too that belonged to my master, put the sheep on top of the potatoes and drove off, the pork was in a barrel they took it out and put in on to their horses and carried it off the poultry they caught and tied to the saddle on the horses and went off with them the beds bedding and clothing they took out of my house rolled them up and put them on to the horses and rode off leaving me bare; the weather was cold and my family suffered as well as I. I could not help myself they would take it all how could I help myself?

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

The property was removed in wagons and on horses, most all on horses what they did not drive 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 removed the property to the camp at Midway. I did not follow it. I started with them but I had a lame foot and had to return back -, they said they were in camp there and was agoing there and I believe they went 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.

The property was taken for the use of the “Men” I did not see them using any of the property after they left my 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 did not make any complaint to any one on account of such taking.

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. – I did not think about such a thing or even getting pay for it but I shall be very glad to get pay now for I need it more now than I ever did.
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 and in the morning they never came at night for anything.

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 soldiers took the property the Army was encamped at Midway about 7 miles from my house it was General Kilpatricks Army. I think they came to my house the next day after they got into camp. They staid [sic] there in camp about 3 weeks riding all over the County collecting supplies when they left the County the condition of the Country was awful their [sic] was a great deal of suffering away the colored people and the whites too. We had nothing to eat or keep us warm. I did not know of any battles or skirmishes just before or after the property was taken. 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?

The property was all in very fine condition and 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 I had 8 head of cattle all full grown I made no account of the small ones they were the Durham breed of cattle and in prime order they were fat enough for beef – I think they would weigh one hundred lbs to the quarter they killed a part of them cattle there and drove off a part of them. I raised all of these cattle myself and I saw the yankee soldiers take them off

Item No 2 The horse was a bay mare about 8 years old a full size – fat and well broke to the harness and saddle, was sound as a “stick” of “timber” no bruises about her at all – they rode her off using their own saddle and bridle, they said they wanted it to raid on that is all I know about what they wanted the horse for, their horses were pretty well broke down but they would not leave one of theirs.

Item No 3 The buggy was a nice, one horse spring buggy painted black. I had had it about 6 months it was nearly new I had it all painted and in nice order I had a nice leather harness I had just bought of Toney Axon of Riceboro, they took the harness put it on to one of their horses, hitched him to the buggy and loaded it up with my master’s “tators”] killed one of his sheep, put it on the “tators” and drove off.

Item No 4 I had upwards of 60 head of poultry they took all I had, they killed them, some of them, carried some off a live, we helped them catch the chickens – they carried them off on the horses – We cooked some for them, and made bread and did what we could to make them satisfied.

Item No 5 I had 5 Beds they took them all away. They were all filled with straw and cotton. I had six blue wool blankets all new, I had just drawn them from my master, they were mine then just as much as if I had bought them with my own money – they took 3 quilts from me they made me strip off what I had on – in the way of good clothing and put on some old cast-off clothing they took 3 pair of woolen pants and two woolen coats and one thin summer coat – they stripped me clean I had pretty good things for a colored man.

Item No 6 I had the bacon of 8 Hogs I estimated them at one hundred pounds each they were one year old and fat. I put it down at 500 lbs to be on the safe side the bacon was put into bags and on to their horses.

I did not see any of the property wasted it was all carefully taken and I believe used. The property all belonged to me My master had nothing to do with it at all I did not get any pay for it or any part of it.

This is the first and only account I have ever presented against the Government I raised the property myself with my own hand and hard work. I had been raising stock and [word] ever since I was of age – My master never interfered with anything I had – never attempted to own anything. I used to sell him a good deal of stuff he always paid me cash just as anybody else would and just as good prices.

his
John Way
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Witness
E.E. Adlington

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

Testimony of Witness (Peter Lambright)

Interrogatories by Special Commissioner

My name is Peter Lambright. I was born in Liberty County a slave, when the Army came into the County – I belonged to William Jones. I am 60 years of age I reside on Mr Jones Plantation I am a farmer. I know the Claimant in this case – I am not related to him in any way I have no beneficial interest in his claim – I knew him intimately during the war. I knew him to be a good Union man as all the colored people were they could not be anything else in my way of thinking.

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 the articles of property specified in Claimants petition were taken

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

I saw them all taken. (list read over to articles)

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.]

When they first came up they spoke to me and said “Sam” where are all of the cattle. I replied – in the field, – they said we must have them up for we want them. I went with Claimant and many more of the boys and drove up the cattle. They send a few of the soldiers along with us We drove them up, they killed four that day, and took the beef on the horses and carried it to the Camp, they staid [sic] at Mr Way’s house and his wife cooked a dinner for them after that they scattered, some staid [sic] there all night. There were a good many soldiers I can’t tell how many. They came the next day and kept coming for three days till they had got the property all away.

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 property was taken at Claimants house on Leander Varnadoe’s Plantation in Liberty in December month 1864. It was taken by the Union Soldiers belonging to Kilpatricks Army a “big gang of them,” I can’t tell how many. They were parts of three days getting his things away

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

I was present at the taking. John Way the Claimant Thomas Way, Caesar Houston Dublin Miller, Cane James and a lot of others I can’t call their name without thing [thinking?].

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 saw men there I took to be officers they were dressed differently. I don’t know the regiment to which they belonged, we called it Kilpatricks Army. I did not hear any order given but the men I took to be officers sat on their horses and looked on, there was so much excitement I don’t remember much that was said I remember about the property because that was ou living.

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.

The cattle was brought up from the field, 4 of them killed and the rest they drove off. The horse was taken in the lot, the soldiers took a saddle off one of their horses and put it on to Mr Ways and rode him off and led the one he rode there they brought a horse with them the next day used Mr Ways harness and hauled off the buggy filling it with sweet potatoes belonging to somebody else they killed a sheep and put on top of the potatoes – the sheep did not belong to John Way The fowls they killed had some cooked and carried some off they put the pork into salt sacks and carried it off on horses.

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

The property was removed in wagons and 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 removed the property to their camp at Midway, about nine miles from Claimants house. I did not follow it. Claimant went part way and return back I knew they went to the camp just as I knew many other things I never saw.

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 property for their use. I saw them eating and using some of it and I suppose they they used up the rest of it they was in too much want to waste it.

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 any complaint made on account of 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 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?

The property was taken in the day time none of it 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?

When the property was taken the Army was encamped at Midway Church about 9 miles from Claimants house it was Genl [General] Kilpatricks Army I knew it because every body said it was. I knew that just as I did that they went to the camp with Claimants property. They came to Claimants house almost immediately after they encamped. I think they staid [sic] at Midway Church, they was riding all over the County gathering up supplies and carrying them into camp. There had not been any battles or skirmishes to my knowing just before or after the property was taken. I did not know the Quartermaster or any of them or other officers of the Army I did not go about much just then

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 all in good condition

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 Claimant had 8 head of cattle taken. I saw and helped them kill 4 of them, and I saw the other 4 driven off the 4 they killed were large cattle and fat, I think they would weigh 50 to 100 lbs to the quarter, the other 4 were about the same size and I think would weigh about the same say 10 lbs less.

Item No 2 Claimant’s mare was in good health and just in her prime, I do not know how old she was. I saw the soldiers ride her off. Was a medium size fat as she could well be for good service their horses were very thin and wore down and I suppose they wanted all the fresh horses they could get and they got a good supply in our County – we haven’t had any good horses here since the raid.

Item No 3 The Buggy was a common spring buggy just over hauled and [word] thorough repair, I think he had had the buggy about one year but he had just got it from the shop. The buggy was not new when he bought it. I don’t know how old, it was in good order when Claimant bought it the soldiers rode a horse there to his horse harnessed him and put him to the buggy and drove off the harness was leather and a “first rate” common harness, he had bought the harness of Tony Axon not long before the raid passed through they took the harness with the buggy.

Item No 4 I did not count the poultry he had a large lot of fowls, I should think they took all of 60 head. I should judge he had one hundred head all together

Item No 5 I can’t tell how much he had in the way of beds and bedding and clothes they went into his house and took most all he had, I saw them take out 4 or 5 blankets and quilts. I saw a good many other things taken out but it is so long I can’t tell now much much about it.

Item No 6 The bacon was the bacon from 8 hogs. I was there when he killed them they ware not large but very fat and nice. I think they would weigh about 100 lbs they took it in salt sacks and carried it to the camp. The meat had been cured in salt. I think some was smoking I can’t be sure about that it was very nice meat.

This property all belonged to Claimant and to no body else, I know because I know he raised it and had been raising and having such things for years and I never heard anybody else claim title to it I never heard his master claim his horse or any thing else that Claimant claimed –

John Way was and is to day one of the hard working men, was always industrious and doing for himself when he could make time he worked at task work for his master that was the general custom among the Planters in Liberty County.

his
Peter Lambright
mark

Witness
W H Sykes

Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner

[Rest of file mis-filed in Ancestry under “M” ]

Testimony of Witness (Caesar Houston)

Interrogatories by Special Commissioner

My name is Caesar Houston I was born in Liberty Co Ga a slave; became free when the Union Army came through here. Leander Varnedoe was my master. I am about 47 years old. I live now in Liberty Co Ga about a mile from Midway Church. I am a farmer. I know the Claimant. I am not related to him. I have no interest in his account. I think I have known him full 40 years. He was a good Union man during the war. Colored men were all Union men. They came so far to deliver we, we had to be glad when they got here. I was so glad to see them. I followed them 3 miles and if anybody had give me $50.00 it would have been nothing to my freedom that day. [Transcriber’s note: Word “nothing” was underlined, as if it had been emphasized.]

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 the Claimant.

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

I saw it all 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.]

When they came up they asked me about the horses and we told them they were down in the field, and I went there and helped them catch them. They took 4 or 5 horses the first day belonging to different parties. One of the officers said that their horses were pretty much broken down and they put their saddles on the fresh ones and led them off. I think they shot 4 cows and took some poultry. They made 3 trips before they cleaned all out. They said they meant to take all from both Rebs and colored because if they left it the rebs would come and take it from us.

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 Mr Way’s the claimant’s house on Syfax or Rice Hope plantation. I think the army were at Midway 2 or 3 days before they came to claimant’s house. It was taken just before Christmas. I don’t remember the year. I think it was Kilpatricks army took it. I think about 16 or 17 men there the first day taking the property and the 2nd day about 100. In 3 days, they had done take everything he had. They didn’t keep on taking all this time but took some every time they came.

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

Thomas Way, Charles Warner [or Varner] Peter Lambright and myself and claimant were present when this 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?

A Lieutenant was there at the taking of the property. I knew he belonged to Kilpatrick’s Army but don’t know what company. He gave orders to take the horses and after they caught them he took the best one.

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 shot the cows down. They went down in the field and shot 4 of them and drove the rest away. They took the horse out of the pasture and put a saddle on him & rode him off. They put their horse into the buggy. They took the fowls out of the henhouse and some from under the house and run some down and shot some down. They took the bed quilts on the horses. They pulled off their own clothes and put on the claimant’s.

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 removed this property on horseback and in wagons and some they drove 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 all down to Midway. I know they were camped there because I went down there with the soldiers. I was at Midway 2 days with the soldiers. I staid [sic] there in the day and at night went back to my mother’s.

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 because they said they had use for it. Some of them said they were starving and now they had got lots of meat to eat& would ?grow? Big. I saw them using some 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 only heard him when they took his horse go to them and tell them that was his horse. They told him they didn’t believe the horse was his. They said they believed it was his master’s horse and they said they were going to take every horse.

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 claimant 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?

The property was taken in the daytime, about 8 oclock in the morn.

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 Army were encamped at Midway about 9 miles from claimant’s house. It was Kilpatricks Army. They had been in camp about 2 or 3 days. There had been no battles nor skirmishes here the Rebels ran before I knew the Yankees were at the Midway camp I saw the Rebels run through the place and they didn’t have time to speak to anybody. They staid [sic] there in camp 3 weeks. They rode through the county all the time. They were hunting for the Rebels, and were foraging I did not know the quartermaster. I saw him in camp, he was taking care of the camp. They brought the supplies to him. I did not know any of the 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 when taken. The cows and the horses were in very 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. He had 8 head of cattle taken. I saw 4 of them killed, and the other 4 drove off. I think the largest one would weigh 100 lbs. They would weigh from 300 to 400 lbs. They were fat enough for good beef. Those ones all belonged to the Claimant. He used to sell fowls, and after a while he bought a cow & calf. I think he had been raising cattle 20 or 30 years.

Item No 2. I think the mare was 6 or 7 years old of medium size, and in first rate order. She was well broken to the saddle and harness. The one he bought was of pretty good age. He raised colts from her. I think he had been raising and trading horses for about 10 years before the Army came. They put their own saddle on her, and led their own horse, and rode her off.

Item No 3. This was a very nice buggy. He had had it about a year. The man that took the buggy put his own horse into the buggy loaded it up with potatoes, killed a sheep and put it on top of the potatoes, but the potatoes and sheep belonged to Claimant’s master. I know it was his property because I know what was his property on the place & belonged to him . They took the Claimant’s harness to the buggy to put on [word]. It was a good leather harness. I saw his buggy and harness taken, and I saw the buggy and horse, and a part of the harness down at the camp.

Item No 4. I think he had 60 or 70 head of poultry, he had a big lot. They caught some and made us catch some, and they took them away on the horses and in wagons and all kinds of ways.

Item No 5. I think they took 4 quilts first and 6 blankets, the blankets were new and such blankets as were usually given out to the slaves. Cotton and wool mixed. They took all of his clothes clean I don’t know how much. I did not see them take his beds, only his bedding I saw taken.

Item No 6. He must have had considerable Bacon for he killed 8 or 9 hogs that year I helped him kill them, some of the large ones would weigh 190 lbs. I think some of the small ones would not weigh 100 lbs. I think 4 weigh from 150 to 190 lbs; the others were all about 1 size and would weigh about 90 lbs a piece. These were the hogs he made this Bacon from. They had some of it in sacks, and some in the wagons loose.

I was there when this property was taken and saw all these articles taken by the soldiers. This property was all the claimant’s. I been there with him when he raised it. I lived there on the same place and belonged to the same master I knew what he had. The Claimant was foreman for his master. He had a large family and was a very hardworking man. His master worked his slaves by the task. This was the common way of working slaves in this county.

his
Caesar Houston
mark

Witness
E.E. Addlington

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

Testimony of Witness (Samuel Winn)

Interrogatories by Special Commissioner

My name is Samuel Winn. I was born in Liberty Co, a slave and became free after the Army came through. My master was Gideon Dean. I am 36 or 37 years old. I live in John Le Count’s plantation in Liberty Co Ga. I am a farmer. I know the claimant Mr John Way. I am not related to him at all. I have no beneficial interest in his claim. I have known the claimant about 18 years all through the war. He was a good union man.

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 this property was taken.

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

I saw his horse and buggy taken from his house, and the meat. I saw 4 head of his cattle in camp. I didn’t see them kill the cattle. I saw the horse in camp and the soldiers using him. I was at his house when the hogs were killed and salted. They were large hogs not these pine barren hogs. I could not tell how much they would weigh apiece. I think they would weigh from 100 lbs to 140 apiece. I went backwards and forwards for 10 days more or less. I just went round and showed them where the stock was, and the sheep, and helped them drive it to camp. I did not receive any pay for it did not ask for any. I think the beef I saw there would weigh 60 or 70 lbs to the quarter. They took the buggy and filled it with potatoes and put a sheep on top of it, and went right on down to the camp with it. I did not see his buggy after they got it to camp. I saw all these articles of property named in the claimant’s petition at his house before the Army went there and after they had taken the mare, the buggy and the Bacon. I was at his house 3 or 4 days afterward and there was not anything there. This property all belonged to the Claimant. As far as I remember he had 8 head of cattle before the raid. I know he was always a smart and industrious man and had been raising these things a long time for 16 or 17 years.

his
Samuel Winn
mark

Witness
E.E. Adlington

Before Special Commissioner
Virgil Hillyer Esqr
Riceboro Liberty County Georgia

In the Case of John Way V.S. United States
We have no further testimony to offer in the above Case and hereby submit the same for the Consideration and decision of the Hon[orable] Commissioners.

W. H. Sykes
Claimant Counsel