Madison Smith – Southern Claims Commission

Testimony of Claimant

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

My name is Madison Smith, my age 60 years, my residence 5 miles from Savannah 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 Madison Smith.
I was born in Liberty County.
I am 60 years of age.
I reside in Ga. about 5 miles from Sav.
My occupation is farming.
I am the claimant in this case.
I was a slave and became free since the raid.

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?

From the 1st of April 1861 till the 1st of June 1865 I resided in Liberty County & Southwestern Georgia.

[NOTE: Except for question 5 – answered below — the answers to questions 3-28 were all in the negative. Answers start up again with question 29.]

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?

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.

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 in Hinesville. I have not been pardoned by the President, have never done anything to be pardoned for.

6. Were you ever directly or indirectly, or in any manner, connected with the civil service of the so called Confederate States? If so, how, when, and where, in what capacity, and for what periods? Was any oath required of you for such service; and if so, what?

7. Did you ever hold any office or place of trust, honor, or profit under the Confederate Government, or under any of the States or Territories subordinate thereto? If so, state the nature and character of the office, the place at which, and the period for which you held it?

8. Did you hold any clerkship or have any agency or employment of any kind, for, or under, or for the benefit of the so-called Confederate States? If so, state fully in regard to the same.

9. Were you ever, in any capacity, in the military or naval service of the so-called Confederate States, or of any State or Territory subordinate thereto?

10. Were you ever an officer or soldier in the Confederate army? If yea, when, where, how long, and when did you leave such service?

[Each one of these questions must be fully answered.]

11. Were you ever in the State militia of any State while subordinate to the Confederacy? If yea, state when, where, how long, and when you left the service?

12. Were you ever in the home guard, or upon any vigilance committee, or committee of safety, which subject to the Confederacy? If yea, state when, where, and how long?

13. If you claim that you were conscripted into the rebel service, state fully all the circumstances.

14. Did you ever furnish a substitute for the rebel army? If yea, state fully all the circumstances.

15. Were you directly or indirectly, or in any way, connected with or employed in the quartermaster’s department of the Confederate service or the commissary’s department, or the medical department, the engineers’ department, the ordnance department, the impressment service, the provost-marshal’s department, or any other branch of the Confederate service?

16. Were you employed on any railroad in the service of the Confederate government? Did you aid in the transportation of soldiers, munitions of war, or supplies for the Confederate government? If yea, state fully all the circumstances. If you claim that what you did was not “giving aid or comfort” to the rebel cause, state fully all the facts and reasons for such your claim.

17. Did you at any time have charge of any stores or supplies for the use of the Confederate army, navy, or government, or the charge or care of trains, team or teams, wagon or wagons, vessels, boats, or other craft, or munitions of war, for the use of the Confederate army or navy? If so, state fully in regard to the same.

18. Were you ever in any service, employment, or business of any kind whatsoever for the Confederate government, or its army or navy? Did you ever furnish any aid, or any supplies or stores, or property of any kind, to or for the so called Confederate States, or any State in rebellion, or to the army, navy, militia, home guards, armed forces, or military organizations thereof, or for any officer, soldier, or sailor thereof? If so, state fully in regard to the same. Did you ever give any information to any officer, soldier, or sailor of the Confederate army or navy, or to any person employed by or for the so-called Confederate States, or acting on their behalf, or for their benefit, which might aid in any way any military or naval operations carried on against the United States? State fully in regard to the same.

19. Were you in any manner employed in the manufacture of munitions of war, of clothing, of boots, shoes, saddles, harness, or leather; of equipment for soldiers, or of any stores or supplies for the use of the Confederate army or navy; or were you in any way employed by, or did you aid or assist, others engaged in such manufacture? If so, state when and where, and by or for whom you were so employed, and for what period of time?

20. Were you ever, directly or indirectly, employed in the collection, impressment, or purchase, or the sale of stores, supplies or any property for the use or benefit of the Confederate government, or any State in rebellion, or the army, navy, or other forces thereof? Did you have any interest or share in contracts with, or purchases for, the Confederate government, or its army or navy, or any State in rebellion, or its forces? If so, state fully all particulars.

21. Were you ever engaged in blockade running, or illicit traffic or intercourse between the lines, or were you ever in any way interested therein? Did you ever have any interest or share in any goods, wares, merchandise, stores, or supplies brought into or exported from the so-called Confederate States during the war? If so, state fully all particulars.

22. Did you leave the so-called Confederate States between the 19th of April, 1861, and 19th of April, 1865? If so, when and how did you leave; where did you go; for what purpose; how long were you absent; in what business were you engaged while absent, and when and to what place did you return in the so-called Confederate States?

23. Were you the owner, or part owner, or in any way interested in any vessel used in navigating the ocean to or from any port in the Confederacy, or upon any waters in the Confederacy? If so, what vessels, when and where employed, and in what business?

24. Were you ever arrested by the Confederate government, or by any officer, soldier, or other person professing to act therefor, or for any State in rebellion? If so, when, where, by whom, and how long were you kept under arrest? How did you get released? Did you, for the sake of being released, or upon release, take any oath of any kind to the Confederate government? If so, what? [Put the same questions as to arrest by the United States Government, etc.]

25. Was any of your property ever taken by the Confederate authorities, or by any officer, soldier, or other person acting or assuming to act on their behalf, or in behalf of any State in rebellion? If so, what property, when and for what use, and have you received pay therefor?

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?

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

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.

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

I had no chance to do anything my master took me at the beginning of the war & carried me to S. West Georgia.

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?

I had no relatives in the Confederate army but my son was a butcher for his master in the service.

[NOTE: Answers to questions 31-39 were all in the negative.]

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?

32. Have you ever given aid and comfort to the rebellion? If so, state fully all the circumstances.

33. Were you ever engaged in making raids into the United States from Canada, or engaged in destroying the commerce of the United States in the lakes and rivers adjoining Canada?

34. Were you ever engaged in holding in custody, directly or indirectly, any persons taken by the rebel government as prisoners of war, or any persons imprisoned or confined by the Confederate government, or the authorities of any State in rebellion, for political causes? If so, when, where, and under what circumstances? In what capacity were you engaged, and what was the name, rank, and command of your principal?

35. Were you ever a member of any society or association for the imprisonment, expulsion, execution, or other persecution of any persons on account of their loyalty to the United States, or did you ever assist in such acts?

36. Were you ever a paroled prisoner of the United States? Is so, when and where, and by whom paroled?

37. Have you ever held any office in the Army or Navy of the United States? Were you educated by the United States at the Military Academy at West Point, or at the United States Naval Academy?

38. Did you ever receive any pass from any officer of the Confederate government, or from any person having or assuming to have authority to issue the same? If so, who gave you the pass; for what purpose; for what period of time; did you sign or swear to any promise or obligation in order to get it; or swear or promise to bear “bear true faith and yield obedience to the Confederate States;” did you use the pass, and for what purpose?

39. Are you or were you under the disabilities imposed by the Fourteenth Article of the Amendments to the Constitution of the United States? Have you held any office under the United States Government since the war? If so, what office; and did you take the (so-called) “iron-clad” oath?

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 sympathised with the Union Cause. I felt very rejoiced to come from slavery; I just fell on my knees & asked God to strengthen them to come through & I believe God answered these prayers & others.

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?

[Repeated the oath]

[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.

At the beginning of the rebellion I was a slave & became free when the army came here. After I became free I went right to farming. I was a faithful servant under my owner & he allowed me privilege to raise cattle & hogs & as much chickens as I could possibly raise. Mr. Henry Jones was my former master. He had about 15 head of slaves, little & big & after he was married he had 60 working hands, 70 or 80 altogether. I am not living on his land now. I don’t know whether he is living now or not. I am not indebted to him for anything. He owes me, I sold a horse & gave him the money to keep; it was Confederate money – & after the war it was not good for anything so I lost all. This property all belongs to me.

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 not present when this property was taken.

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

I didn’t see any of it taken & didn’t see any of it after it was taken.

[Questions 3-9: passed]

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.]

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?

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

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.

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

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?

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

I suppose they took the horses to tend to the business of the army. I was informed that they were taken by the Yankee soldiers for their use. I didn’t see them use any of 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 made no complaint.

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 didn’t ask for any receipt. We were all ignorant then & didn’t know what was right or wrong.

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 don’t know when it was taken, I expect to prove that by witnesses.

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 was on the march.

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?

When I left this property the horses were all young & in good condition, healthy & fat. The hogs & pigs were fat & everything was in good order. I left home when the army first commenced shooting around the coast. I don’t know the year. When I left home, I had 3 horses & a cow, hogs, pigs, & poultry.

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: These were 3 cream colored mares. The oldest was mother of the other 2. I had been using the older colt about 6 months when I left home & the other I had not commenced using. The soldiers used the young one after they took it. The old mare was between 4 & 5 ft high & well bodied, & the oldest colt was taller, not so heavy in body & the other one was 1 ½ yrs old when I left. I raised hogs and sold them & bought the mare. This mare was with colt when I got her. The first horse I bought I traded for that mare. After I had traded the horse for the mare I raised the colt & it was old enough to use before the war commenced, and the next one was 1 ½ yrs old when the war commenced or when I went away.

Item no. 2: I had 60 bushels of corn when I left & my family kept raising while I was away.

Item no. 3: This was rough rice but threshed. They kept farming right along on the place.

Item no. 4: When I went away I left fodder but they kept using and making new and replacing the old.

Item no. 5: I left this cow when I went away. She had had one cow when I left; she was young then. I don’t know her age. She was a pretty heavy bodied cow.

Item no. 6: The calf was only 6 months old, when I left.

Item no. 7: I left the hogs there; they kept killing & raising them all the time.

Item no. 8: I think I had 15 bee-hives. I don’t know whether they were more or press when the army came there.

Item no. 9: I can’t tell much about the poultry – only I know I had a good smart lot. I left so many – I don’t know how many there were when the army came.

Item no. 10: They took the bed clothing. We had 2 mattresses of moss & 4 or 5 woolen blankets & 4 or 5 quilts as near as I can judge. My wife took charge of them.

16-17: passed.

19. I never got any pay for any part of this property. It all belongs to me – came through my own labor. My master gave me privilege to raise anything I was a mind to on his place.

Witness: Amey M. Adlington

[signed] Madison Smith [by his mark]

Sworn to and subscribed before me

Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Eliza Norman)

My name is Eliza Norman I think I was born in Liberty County Ga a slave and became free when the Union Army came to Savannah. I am about 34 years old. I reside in Savannah I wash and iron for a living I am not related to Mr. Smith, the claimant. I have no beneficial interest in his claim. I have known the claimant ever since I was half grown. I lived about one mile from him during the war. I did not see him during the war he went away when the war commenced or soon after I think I never heard him say anything about the war – but I know he was in favor of the Yankees because all colored people wanted their freedom and they knew when they came freedom would come with them colored people could not be anything else but union — all the time they knew the Yankees would whip the Rebels – and they prayed for that time to come.

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 property was taken from the claimant.

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

I saw the property taken.

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

When the soldiers came to his house they asked me “where was my master” “I told them he was dead.” “They said no he isn’t and if you don’t tell me the truth I will kill you.” I told them the truth he was dead. They asked me where was the money. I told them we didn’t have any money. They asked me where was my miss[us]. I told them she had gone to bury her sister. THey turned in and went to taking everything they could see I told them the property belonged to Mr. Smith – all of it the white people had moved all their property up into the country. I saw the property that you have called off all taken by the Yankees.

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 in Liberty County on Mr. Jones Plantation (Mr. Smith’s master) and at his house (Mr. Madison Smith). I don’t remember the month it was when the Union army passed through in the winter cold weather. I do not remember the year now the place was covered with soldiers and they had a great many big wagons with them. I can’t tell how many I could not count them there was so many they were coming and going about a week I think then they went away – after they went away another lot came there – the first lot of soldiers cleared pretty much everything out.

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

Moses Houston, Sarah Houston, Toney Ashmore and a good many other plantation hands were there.

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

There were officer[s] present I did not know their rank neither do I know the command to which they belonged it was called General Sherman Army that is all I know about them.

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 caught horses, put the saddle and bridle on to them and rode them off. The corn was in the corn house & they took it from there. The rice was in the rice crib and the fodder was stacked; these were taken away from these places. They drove cows and calves from the house; they killed some of the hogs & some they carried with them. They killed the poultry. They took the bedding etc from the house.

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

They carried these things off mostly in wagons, some of the quilts were thrown on to 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 it to. I didn’t follow it.

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

I don’t know the use for which they took the property. I suppose they took it to use. I saw them cooking the poultry in the yard.

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 didn’t hear any complaint made.

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 heard no 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, in the morning; they took it openly.

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 they were on the march. I don’t know whether they were encamped near there or not; I didn’t see any more of them after that. I left there next morning. There was not one there when I left.

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

This property was in good order, the corn was gathered & in the corn house, the rice was threshed & winnowed, the fodder was gathered & stacked.

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 3 horses, 2 head were large and the other was small – a good sized little pony. Yes, medium sized. I saw them taken away. They rode them away.

Item no. 2: He had corn there but it has been so long that I don’t remember how much. They took it all away. It was taken in the wagons.

Item no. 3: I don’t remember how much rice he had. I saw them take it in the wagons, put it into bags.

Item no. 4: They just took the fodder right down and put it into wagons. It was in the market. I don’t remember I think it was one or two stacks.

Item no. 5: This was a large milking cow; they just drove her away.

Item no. 6: He had one yearling calf; they drove this away too.

Item no. 7: I don’t remember how many hogs there were; they were in good order.
I didn’t see them kill them all; they killed some. They cooked some of them right there and what they didn’t cook, they took away.

Item no. 8: I know he had a good number of bee-hives, but I cannot tell how many they just knocked them down & got the honey out and left the bee-hives.

Item no. 9: I know that he had a good “many” poultry in the y’d, but I don’t know how many. They killed & cooked them in the yard.

Item no. 10: They had a good lot of bedding & they took it all away. I believe he had some 3 or 4 woolen blankets – & a good deal of clothing – they took it all away; didn’t leave anything but what they had on. They took all their cooking utensils – they said they wanted them to cook with & they must have them. They didn’t waste anything to my face.

17,18,19 – passed.

I saw all this property taken away that was not used right there. It all belonged to Mr. Smith. He worked for it nights & every time he could get.

Witness: Amey M. Adlington

[signed] Eliza Norman [by her mark]

Sworn to and subscribed before me

Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (James D. Polite)

I was born in Liberty County a slave & became free when the raid came through. My master was McAllister. I am 62 years old. I live at Belmont about 5 miles from Savannah. I am farming. I know Madison Smith. I am no kin. I have no interest in his claim. I grew up from a boy with him. We were near neighbors. There was just a little fence between us. I saw him steady. I heard him say that he hoped the Lord would help them come through. I was a Union man. I had to work all the time – there wasn’t any union in them days – with an overseer behind me with a whip in his hand – that was all the union there was before the war. Mr. Smith was a good Union man – he felt just as I did all through the war – he never had an opportunity to express himself before the Yankees came – if we saw a white man coming we hushed. The colored people were generally on the side of the Yankees.

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 at Mr. Smith’s house when the property was taken.

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

I saw the soldiers take it.

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

What soldiers came to house couldn’t get enough & they ran right across to Mr. Smith’s & I went with them. They said Jack you musn’t think hard of it you will get pay for it. The Yankee soldiers called him Jack.

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 right at Mr. Smith’s house on Mr. Jones’ place. It was taken on a Tuesday. I think in Dec. before Christmas I don’t remember the year; it was when the army came through. Kilpatrick’s army took it. I couldn’t begin to count them. They took them all in a day.

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

There were present myself & Mr. Smith Alex Anderson, December Clarke, Isaac Hunger & one named ?Kibbett?.

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?

The officer didn’t come up right off. They came after the soldiers had done cleaned out everything – they said never mind boys – you will get pay for it – I didn’t see any one with the soldiers ordering the property taken.

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 caught the horses about 2 acres from the house – they wanted them to ride – they had horses with their backs torn up – their corn was in a little house & the rice was one side of the same house – this was threshed – there was a big stack outside – the fodder was in the stack & they went there & hauled it off in wagons – they shot the cow, calves & hogs – they knocked the hives right open – they knocked the corn house out at one side – they shot the poultry – they took the bedding right out of the house.

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 put some in wagons & tote some in hands.

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 took it to the Ft. Some went to the camps on the side of the road – they moved it all to the camp – I didn’t follow it but could see where they stood.

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.

It was taken for their own use – they said they wanted it & I saw them using it right there. They looked pretty well but they must have been hungry because they took the last “tater” we 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 never heard Mr. Smith make any complaint. If he did it was more than I know.

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 didn’t hear him ask for any voucher or receipt.

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

The property was taken in the day time before 12 o’clock.

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 they took this property the army was encamped about 200 yrds off & extending along the road – they commenced taking things right away – the weather was very cold & I know they had need of them – they staid more than a month – before they came they had a littl skirmish at the Ft. I didn’t know any of the officers or quartermasters. I saw some there.

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 very well taken care of & well to look upon.

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 3 horses – 2 bays & a sorrel horse. I couldn’t tell their ages. He had had them a long time – they were splendid horses – 2 of his wons worked two horses & he worked one – they all belonged to Madison Smith – his sons belonged to the same master & when they got through with their tasks they all worked with these horses. He had been working them over 10 years or some horses – he bought the mare & raised the other two – after he had performed his own work he could work on his own land. The colored people had all the land they wanted tow ork after they had done their task. I was looking right on it. I saw them ride them away.

Item no. 2: It was a good pile of corn. I didn’t see it measured. He had a large piece of the very best of corn ground. I think about 3 ½ acres – they were powerful ears. He had a splendid crop – couldn’t be beaten anyhow. Each man toted some & the cart came last – some was shelled & some in the ear. There was a large barrel of shelled corn that I saw & a big pile of ears. I saw them take 3 wagons to take away the corn in the war & 15 or 16 men besides toted it off in sacks.

Item no. 3: He had a large stack of rice & some threshed & winnowed clean. He had about 4 acres I think. We can raise 60 bushels to an acre – sometimes 75 – sometimes 30. It is according to the land & season. They took the sheaf rice in a wagon & the threshed rice in sacks.

Item no. 4: I think he had 4 or 5 Stacks of blade fodder. I should think in all there were 4 or 500 lb of corn – blade fodder – it was taken away in a wagon.

Item no 5: I think he had 2 cows or one cow & a good sized yearling – I don’t know how old she was – they were in good order – I saw them both killed & so many men took the meat off.

Item no. 7: There was a good large gang of hogs. I think 15 head or 25 a pretty large gang – I saw them just shoot them & skin them. I didn’t count them – I just estimated from seeing them together.

Item no. 8: He had 6 or 7 bee hives – full – heavy hives – I saw them take the ax & slam right into them. The weather was cold & the bees could not fly much. They did sting ‘em some.

Item no. 9: I saw him have a good gang – a yard full – I don’t know how many – I saw them shoot them & take them off.

Item no. 10: He had 8 or 9 children & his wife – he had bedding & clothing for them all – I don’t know how many – they took the last scraping. He had a good supply – they all belonged to him every bit – they all stood up with their hands folded up – they did look most motherless – it was cold weather & everything was gone. Mr. Smith is a hard working man – a good servant.

17, 18, 19: Passed.

Witness: A.M. Adlington

[Signed] James D. Polite [by his mark]

Sworn to and subscribed before me

Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Alex Anderson)

I was born in Liberty County – a slave & became free after the army came through. My master was Mr. Jinlack [probably Gignilliat]. I am about 27 yrs old. I live at Belmont. I am farming. I know the claimant. I am no kin. We lived on one plantation. I have no interest in his claim. When I was born on the place I met him there & he was there when I went away. I lived in the same row of houses. I used to see him pretty regularly. Mr. Smith was a good Union man. I always was. We talked about the war; I was with my owners in the rebel army & he used to question me about the war. I was with my master & he was camped at Midway about 3 miles from home & I used to talk with him when I went down home. I had to keep secret that I was talking about the war. I didn’t talk in the presence of white people. My master went into the war at the first year. I served with him about 2 [or possibly 3] yrs. He went to N. Caroline & I went with him & then I ran away & joined the Yankee army. I staid with them 6 months. I went with the Yankee army to Virginia & when I left them I came home to Liberty Co. I don’t know anything about the property except what I knew before I went away.

Witness: A.M. Adlington

[Signed] Alex Anderson [by his mark]

Sworn to and subscribed before me

Virgil Hillyer
Special Commissioner
State of Georgia