Sandy Austin, who had been enslaved on Joseph LeConte’s Syphax Plantation in Liberty County, Georgia, all his life until Emancipation, filed his Southern Claims Commission petition in 1873, asking for $396 in compensation for two horses, hogs, poultry and bees that were stolen from him by U.S. troops in December 1864. Following testimony by witnesses Sterling Jones, Fortune James, Aberdeen LeCounte, and W.A. Golding, he ultimately was allowed $162.
More about the Claimant
According to other published sources, Sandy Austin was born between 1810-1820 on the Syphax Plantation in Liberty County, owned at the time by Louis LeConte. It and Sandy were inherited by LeConte’s son Joseph LeConte, a prominent scientist and educator, after LeConte’s death in 1838. In 1846, Sandy was a member of the North Newport Baptist Church, which was attended at the time by both white and African-American members; it later became the First African Baptist Church, the oldest African-American church in Liberty County. After Emancipation, Sandy took the surname Austin, and by 1870 was married to Nanny and had three children, Phillis, Fannie, and Sandy Jr. In the 1880 census, Austin’s parents were listed as having been born in Georgia. Both Sandy and Nanny apparently died prior to the 1900 census.
About the Southern Claims Commission
The Southern Claims Commmission was set up by Congress in 1871 to adjudicate claims for property taken by U.S. federal troops during the Civil War. Over 140 Liberty County residents — both black and white — filed claims, mostly for property taken during December 1864 when a unit of Sherman’s Army commanded by General Kilpatrick camped at Midway Church and conducted foraging raids throughout Liberty County. Horses, cows, hogs, poultry, corn and rice were the most common items of property taken. In Liberty County, many slaveowners allowed their enslaved people to work on their own time and own small amounts of property, most of which was taken by the U.S. troops for use by the Army.
The claims files, which are held at the National Archives and Records Administration (NARA), have been digitized and are available at Ancestry.com or Fold3.com. For more information on these files, click here. A set of standard questions were used to take the testimony of claimants and witnesses. This set of questions was amended twice, in 1872 and 1874. The questions are not usually part of the digitized file, but we have included them to help make sense of the answers. The questions we used were provided online courtesy of the St. Louis County Library Special Collections, as taken from National Archives Microfilm Publication M87, Roll 1, Frames 104–105, Records of the Commissioners of Claims (Southern Claims Commission, 1871-1880), and can be found here.
About This Transcription
What you are seeing: The Southern Claims Commission files for each claimant included all forms filed for the claimant, including cover pages, standard forms with filled in information, a special agent’s report about the claim, remarks made by the Special Commissioner summarizing the case, testimony from the claimant and his or her witnesses based on a standard set of questions, and copies of other paperwork involved. Much of the information contained in the forms is repetitive. We have summarized that information into one block, and transcribed all testimony, the Special Commissioner’s remarks, the special agent’s report, and any other relevant text.
Methodology: The testimony of the claimant and the witnesses has been transcribed exactly as seen. Some of the files are faded and/or difficult to read. Any words that cannot be read are indicated by “[word]”, or, in the case of entire sections, “[section illegible]”. Alternative spellings of names are also indicated with brackets.
The Claim: Summary & Transcription
Summary
Claimant’s Name (Last Name, First Name): Austin, Sandy
Listed as “Colored”? (Y/N): Y
Amount of Claim: $396
Total Amount Allowed: $162.00
Nature of Claim: Stores for Genr’l Sherman’s Army 1864
Claimant living in: Sifax [alt: Syfax] Plantation, Liberty County, Ga
Incident occurred in: Liberty County, Ga
Claim #: 20636
Secondary Claim #: 54981
Date Claim Submitted [YYYY-MM-DD]: 1873-06-03
Date Testimony taken [YYYY-MM-DD]: 1873-07-21
Claimant’s Attorney: W.H. Sykes, Savannah, Ga
Property Removed to: the Army’s camp
Date property removed: 1864-12-15, 1864-12-21
Army unit involved: Sherman’s Army, commanded by General Kilpatrick
Date Submitted to Congress [YYYY-MM-DD]:
Post Office of Claimant: Riceboro, Liberty County
Items Claimed
Transcription
Remarks: The claimant is an old colored man. Was a slave the property of Joseph LeCount of Liberty Co. Ga, with whom he lived during the war. His loyalty is proved. From an investigation by our agent Mr. Avery, we think claimant was the owner of two horses & two hogs which were taken for army use by the federals in Dec’r 1864. He worked by the task & acquired the property by his master’s consent. It is probable the horses were of indifferent quality & of comparatively little value to the army. We recommend the payment of $162.
[Signed] W.O. Aldis
O. Ferriss
J.B. Howell
Comm. of Claims
[Transcriber’s Comments: At the end of the claim file was a copy of a draft for $162 made out to Hosmer & Co in Washington, D.C., who were Sandy Austin’s Washington attorneys, dated June 28th, 1880. ]
Testimony of Claimant
In answer to the First General Interrogatory, the Deponent says:
My name is Sandy Austin, my age 70 years, my residence Liberty County, in the state of Georgia, and my occupation a farmer; I am the claimant and have a beneficial interest in the claim.
1. What is your name, age, residence, and occupation?
My name is Sandy Austin. I was born in Liberty County Ga a slave and was made free by the Union Army when they came through the county – I belonged to Joseph LeCount. I was about 70 years of age. I live on Joseph LeCount’s Plantation. I am a regular farmer. I am the Claimant in this case.
2. Where did you reside from the 1st of April, 1861, to the 1st of June, 1865? If on your own land, what is the size of your farm? How much of your farm was cultivated, and how much was woodland? Where is it situated? What was your occupation during that time? Did you change your residence or business during that time? if so, where was your new residence, and what [was] your new business?
I lived from the 1st of April 1861 to the 1st of June 1865 right where I live now. I was born on the Plantation that I now live on so you see I have not been “rolling about much.”
3. Did you ever pass beyond the military or naval lines of the United States and enter the rebel lines? If so, how often, when, where, and for what purpose, and how long did you stay within the Confederate lines on each occasion?
Irrelevant
4. Did you ever take any oath or affirmation to bear allegiance to the so-called Confederate States, or to aid or support them in any way, or to “bear true faith,” or “yield obedience” to them? If so, when and where? State fully in regard to the same.
Irrelevant
5. Have you ever taken any amnesty oath? If so, when, where, and under what condition? Have you been pardoned by the President? If so, when and where, and upon what conditions?
The only oath I took was at Hinesville in this county and when I went to register for voteing [voting].
6. Were you ever directly or indirectly, or in any manner, connected with the civil service of the socalled 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?
Inclusive to each and every question [6-28] having been read over to Claimant, he answer “no.”
29. Did you ever do anything for the United States Government or its army, or for the Union cause, during the war? If so, state fully what you did.
I had no opportunity to do anything until the Yankee Army came into the County. I did all I could then. I waited on them and cooked all we could as long as they staid.
30. Had you any near relatives—any husband, son, brother, or nephew—in the Confederate army? If yea, state his name, whether he is now living, and where he resides. Did you furnish him with any military equipments, any clothing, or any money? Did you contribute in any way to aid or support him while in the rebel service? [Each of the questions under No. 30 must be fully answered.]
Inclusive having been [word] over to Claimant to each and every question [30-39] he answer “no.”
40. At the beginning of the rebellion did you sympathize with the Union cause, or with the rebellion? What were your feelings and 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 was with the Yankees in my feelings and continued so to the close and untill [until] I got my freedom I could not say anything about the war except what I said privately and to persons of my own color. We had to keep our “life.”
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 your means and power and the circumstances of the case permitted?
In conclusion I do solemnly declare that from the commencement to the close of the war I was all the time on the Yankee side. I never did anything to injure the Union Cause or to retard its success to my “[word]” and I was always willing when called upon to aid and assist the cause of the Union so far as I had the power and the means to do so.
If the claimant be a female, ask the following questions: 42. Are you single or married? If married, when were you married? Was your husband loyal to the cause and Government of the United States throughout the war? Where does he now reside, and why is he not joined with you in the petition? How many children have you? Given their names and ages. Were any of them in the Confederate service during the war? If you claim that the property named in your petition is your sole and separate property, state how you came to own it separately from your husband; how your title was derived; when your ownership of it began? Did it ever belong to your husband? If the property for which you ask pay is wood, timber, rails, or the products of a farm, how did you get title to the farm? If by deed, can you file copies of the deeds? If single, have you been married? If a widow, when did your husband die? Was he in the Confederate army? Was he in the civil service of the Confederacy? Was he loyal to the United States Government throughout the war? Did he leave any children? How many? Are any now living? Give their names and ages? Are they not interested in this claim? If they are not joined in this petition, why not? State fully how your title to the property specified in the petition was obtained? 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 and made free by the Yankee Army where they came to our relief I continued right on farming on my old master’s land and I gave him ⅓ of all I raised. I worked when a slave for my master by task in that way I saved time to work for myself. I commenced raising poultry and hogs first, and for many years before I bought the mare. I bought the first mare when a colt about 15 years before the raid. I raised the other mare which the Yankees took from me from mare. I bought first [items crossed out]. I got my hogs and Poultry in the same way and by raising and selling the increase. Joseph LeCount was my master. He had about 30 slaves he was a good master 15 or 16 are on his place now – cropping for themselves, I am one of them. I do not owe him anything. I am the only person interested in this claim. My master has nothing to do with it. I am not prosecuting it for him or any body else.
2d Set of Interrogatories by Special Commissioner [Image 45]:
1. Were you present when any of the articles of property specified in the claimant’s petition were taken?
I was present when the Union soldiers took the property specified in my claim against the Government.
2. Did you see any of them taken? If so, specify the articles you saw taken.
I saw the Yankee soldiers take my property, the horses, hogs, Poultry, and honey.
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 up to my house they said they wanted the horse for the use of the war and the other things for the soldiers. They said they were hungry and must have the things to provision the army. They said nothing more. They took them then and carried them off.
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 things were taken from my house and yard on Joseph LeContes plantation. When the Army came into the county I don’t remember the month or year it was. It was in cold weather and I think it was in Christmas month. The property was taken by the Yankee soldiers. I could not number the soldiers – there were too many of them. They were about one day taking the property.
5. Who were present other than soldiers when you saw them taken? Give the names of all you know?
I was present when the property was taken. My wife, Sterling Jones, Fortune James and others.
6. Was any United States officer, either commissioned or non-commissioned, present at the taking? If so, state his name, rank, regiment, and the command to which he belonged. Did he order the property to be taken? Did he say anything about the taking?
I did not see any officer present at the taking ?to know them?. I did not hear any body order the soldiers to take the property.
7. Describe how the property was taken, and give a full account of all you saw done, or heard said, upon the occasion of the taking.
They went to the stable got the horses put my bridles and saddles on to them and rode them off. They went to the pen, killed the hogs, and took them out put them into the wagon and carried them off. They killed the poultry put them into their knapsacks & went off with them. They went to the bees in the garden busted the hives open took out the honey and carried it off.
8. How was the property removed—by soldiers or in wagons, or in what manner? State fully as to each article taken and removed.
They put these things into the wagons and carried them off.
9. To what place was it removed? Did you follow it to such place, or see it, or any portion of it, at any such place, or on its way to such place? How do you know the place to which it was removed?
They carried this property to camp. I did not follow the property. They went to the camp I know because there was no other way for them to go. I did not go down to the camp.
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 for the use of the war. I know because they said so. I did not see them using it because I didn’t go there.
11. Was any complaint made to any officer on account of such taking? If so, state the name, rank, and regiment of the officer. What did he say about it? State fully all that he said.
I did not make my complaint to any officer, 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 ask any of the officers for a 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?
They took this property about 1 oclock in the day and it took them about a day to take it. They didn’t take long to take it for there were so many soldiers there you couldn’t [word] over you would thought it would have been [an] ants nest there they were so many. They didn’t take it secretly but boldly.
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 men encamped in the neighborhood about a mile from my house. They stopped some of them to make their camp and some went right on to get things to my house. They staid [stayed] there in camp about 2 months. There had been no battle or skirmishes there. I did not know any of the quartermasters or any of the other officers.
15. Describe clearly the condition of the property when taken, and all that tends to show its value at the time and place of taking? Thus, if corn, was it green or ripe? Had it been harvested? Was it in the shock, or husked, or shelled? Where was it? If grain, was it standing; had it been cut; was it in shocks, or in the barn or in stacks; had it been threshed? If horses, mules, or cattle, state when they were taken, how taken, and fully their condition, age, and value. Have you talked with claimant about their value?
This property was in good condition. The hog was fat and in the pen. The horses fat and in the stable. The honey in the hives & in the garden.
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. They took 2 horses from me. They were good sizeable horses in good flesh and well broke to work. I don’t know how old the horses were. They went to the stable and took the bridle and went out in the pasture and catch the horses and carried them off; they rode them off.
Item No 2. I had 2 bacon hogs in the pen fat, and would weigh about 200 lbs a piece. They went to the pen & killed them & put them in the wagon & carried them off.
Item No 3. I had 12 pair of fowls. They killed them & carried them off.
Item No 5. 20 hives of honey: large hives. Can’t tell how many lbs of honey in a hive. They just went and burst open the hives and put it in buckets and [word], and carried it off.
The soldiers did not pay me any money for this property. This is the first and only account I have ever presented against the Government. These mares, hogs, fowls and honey all belonged to me. I had been raising hogs a good while, for 20 years. My master raised poultry and hogs, and when he died he left it to us.
Sandy Austin
Witness E.E. Adlington
Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia
Testimony of Witness (Fortune James)
Interrogatories by Special Commissioner:
My name is Fortune James. I was born in Liberty Co Ga a slave became free when the raid passed through here. Mr. William James was my master. I am 44 years old. I live here in Riceboro Liberty Co Ga. I am a farmer. I know the Claimant. I have known him about 30 years. I am not related to him at all. I have no interest in his claim at all. I never heard him say anything about the war. I never talked with him about it till the raid came. I think he was a Union man but I don’t know his feelings well with the Union but we were not in the Union then, and had no reality to talk about its principle. I suppose he felt the same way. I did till Freedom came and we were in the Union.
1. Were you present when any of the articles of property specified in the claimant’s petition were taken?
I was at the Claimant’s house in the yard when this property was taken.
2. Did you see any of them taken? If so, specify the articles you saw taken.
I saw this property taken. I saw the horse, hog, fowl and honey 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.]
They said they must have the forage to support them and bread to eat. They went and drive the horses into the lot and bridled them and mounted on them. There were 2 horses and the hogs they killed in the pen and the fowls they caught and the honey they took by putting fire in the [word] and waving the bees out and they took the honey and went to eating it.
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 Claimant’s house on Joseph LeCount’s plantation. This plantation was sometimes called Sifax’s [Syphax] Plantation. The time was in the 10th or 12th of Dec 1864 that this property was taken. There was a good big gang of the soldiers who took the property don’t know how many. It was called Kilpatricks Army. They took it all in one day. The horses, hogs and fowls were taken the day I was there and I left them working at the Bee [word].
5. Who were present other than soldiers when you saw them taken? Give the names of all you know?
Sandy Austin, Starling Jones and myself were there at the taking of the property.
6. Was any United States officer, either commissioned or non-commissioned, present at the taking? If so, state his name, rank, regiment, and the command to which he belonged. Did he order the property to be taken? Did he say anything about the taking?
I didn’t see any officers there to know then. I did not hear any one give orders to take the property.
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 put the saddle and bridle on them and they mount the horses and ride off. They shot the fowls and tied them up in bundles and threw them on their horses. They just picked up the hive and put it over a fire & burned the bees out & then went on taking the honey and eating it.
8. How was the property removed—by soldiers or in wagons, or in what manner? State fully as to each article taken and removed.
This property was moved [word] on horses and the horses they rode away. I left them eating the honey don’t know how they took that.
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 suppose they took this property to camp. I did not follow them to see.
10. Do you know the use for which the property was taken? What was the use, and how do you know it? Did you see the property so taken used by the United States army? Did you see any part of the property so used? State fully all you know as to the property or any of it having been used by the army; and distinguish between what you saw and know, and what you may have heard from others, or may think, or suppose, or infer to be true.
I suppose they took it to keep for themselves while they were here raiding through the county. I did not see them using any of it except the horses they rode off and the honey they ate [word].
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 him complain to any of the officers, on account of the taking of these things.
12. Was any voucher or receipt for the property asked for? If so, of whom asked? State name, rank, and regiment. Was any receipt or paper given? If so, produce it, or state where it is, and why it is not produced. If no voucher or receipt was given, state why none was given, and if refused, why it was refused; state all that was said about it. State fully all the conversation between any officer or other person taking the property, and the claimant, or any one acting for him.
I did not hear him ask for any voucher or receipt.
13. Was the property, or any of it, taken in the night-time? At what hour of the day (as near as you can tell) was it taken? Was any of the property taken secretly, or so that you did not know of it when taken?
This property was taken in the day time about after 12 oclock.They did not take any 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?
The Army were encamped at Midway about 8 miles from Claimant’s house when this property was taken. The [word] force were camped there. I don’t know how long they were there when they took claimant’s things. I do not know how long they staid there in all. I did not hear of any battles or skirmishes 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?
This property was in good order when taken.
16. What means have you of knowing the quantity taken? State particularly how you estimate the quantity? Did you count or weigh the articles? Give us all your data. How much did you see taken and removed? What quantity was taken in your presence? As to quantity, distinguish carefully as to what you saw and know, and what you may think or believe from what you have heard from others.
Item No 1. He had 2 horses, one a dark bay and the other a light bay. Both of them were old, pretty ageable [meaning aged?], but they were good work horses. The oldest was about 18 years and the youngest 16 or 17 years old. I don’t know whether she was a colt of the old mare I think she was. They were in good working order. I pictured their age from their look and I had known them a good while, ever since I was a young boy a young “[word]-boy.” The claimant owned these horses when I first knew him. The soldiers rode the horses away.
Item No 2. He had 2 hogs in the pen. They were in a splendid order. I think they would weigh 150 lbs a piece. I saw them kill the hogs and take them away. They shot them & cut them open and tied them on the horses.
Item No 3. He had 2 doz. head of poultry. I saw them kill them and tie them up in bunches & put them on the horse and take them off.
Item No 4. I think he had 20 hives of bees. I left them eating the honey, did not see them take any of it away.This property belonged to Mr. Austin the Claimant. He claimed all this property & it had no other claimant so I know it was his. He raised and sold honey but he never ate any of it himself. He had the horses a long time since ever since I knew him. I was not promised anything to be here and testify, not a “red.”
Fortune James [signed by mark]
Witness
E.E. Adlington
Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia
Testimony of Witness (Sterling Jones)
Interrogatories by Special Commissioner:
My name is Sterling Jones. I was born a slave, became free when the Army came here. I am between 23 and 27 years old. I live on Joe LeCount’s Plantation sometimes called Sifax [Syphax]. I am a Farmer. I know the Claimant. I am not related to him. I have no interest in his claim.
1. Were you present when any of the articles of property specified in the claimant’s petition were taken?
I was present when this property was taken.
2. Did you see any of them taken? If so, specify the articles you saw taken.
I saw this property taken.
3. Begin with the first article (Item No. —) which you have specified that you saw taken, and give a full account of all you saw and heard in connection with the taking of that article? [The special commissioner should require the witness to state all the circumstances; for it is only by a knowledge of all of them that the commissioners of claims can judge whether the taking was such a one as the Government is bound to pay for. The common phrase, “I saw the property taken by United States soldiers,” is not enough, for there was much lawless taking. The witness should be required to detail the facts as to each item, when the items were taken at different times; but if all, or more than one, were taken at the same time, that fact should appear, and then a repetition of the circumstances is needless. The special commissioner must be careful to elicit all the facts, as well those against as for the claim, especially as to those articles of property which were the special objects of pillage and theft, such as horses, mules, cattle, hogs, &c. Claimants must bear in mind that a neglect to observe these directions works to the prejudice of the claimant, and may defeat the claim.]
They didn’t say anything they just went out in the pasture and took the horses put their saddle off their own horses & put them on the claimant’s horses and rode them off. They didn’t say anything but went on and took the property.
4. Where were the articles taken? When were they taken? Give the day, month and year, if you can? By whom were they taken? Did you see more than one soldier engaged in the taking? How many soldiers were present? State the number as near as you can? How many helped take the property? How long were they engaged in taking the property?
This property was taken at Claimant’s house on Mr. Joe LeCount’s plantation. These items were taken in Dec the year the Army came here. They were taken by the Union soldiers. I think that the first gang who came had 30 or 40 in it and the next about 15. They took the horses [word] and the same week Saturday they came back and took the hogs. They were going back and forward the whole week taking things from the people all about there but they didn’t take the Claimant’s things any more till Saturday.
5. Who were present other than soldiers when you saw them taken? Give the names of all you know?
Prime LeCount, William LeCount, ?Morris? LeCount, Isaac Jenkins, were present and saw the property 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 do not know whether there were officers present.
7. Describe how the property was taken, and give a full account of all you saw done, or heard said, upon the occasion of the taking.
The horses were in the stable but we turned them out and they went hunting for them and they were not there, but they got them & put the saddle on them & were gone & I haven’t seen them till today. The hogs were in the pen and they shot them. The fowls they ran down, and shot some & knocked them with sticks. They took the Bee hives from the garden and carried them to the old field and eat as much as they want and broke it up.
8. How was the property removed—by soldiers or in wagons, or in what manner? State fully as to each article taken and removed.
These things were removed the horses by riding them off & the hogs they moved on horses & the poultry also. They took up the hives in their arms and moved it.
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 this property from the yard but I don’t know where they went with it after they went through the gate. I did not go after them for I was afraid they would fight me. I felt not a little afraid of them but big afraid.
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 this property for the use of the war that’s my belief. I think they took the hogs and the poultry, for the same purpose. They didn’t ?use? any of it there; they took it and went.
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 the Claimant any complaint 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 him ask the Yankees for any voucher or receipt.
13. Was the property, or any of it, taken in the night-time? At what hour of the day (as near as you can tell) was it taken? Was any of the property taken secretly, or so that you did not know of it when taken?
This property was taken in broad daytime about 12 oclock.
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 all about some at Midway Church some at North Newport Church. They were encamped about 2 weeks.
15. Describe clearly the condition of the property when taken, and all that tends to show its value at the time and place of taking? Thus, if corn, was it green or ripe? Had it been harvested? Was it in the shock, or husked, or shelled? Where was it? If grain, was it standing; had it been cut; was it in shocks, or in the barn or in stacks; had it been threshed? If horses, mules, or cattle, state when they were taken, how taken, and fully their condition, age, and value. Have you talked with claimant about their value?
This property was in good order when taken.
16. What means have you of knowing the quantity taken? State particularly how you estimate the quantity? Did you count or weigh the articles? Give us all your data. How much did you see taken and removed? What quantity was taken in your presence? As to quantity, distinguish carefully as to what you saw and know, and what you may think or believe from what you have heard from others.
Item No 1. He had 2 horses and 1 little colt. They did not take the colt. The mare they took was the mother of this colt. One was a dark bay and 1 light bay. I should think the old mare was 8 or 9 years old she had a young colt. I think the young mare was about 5 ½ years old to my statement.The first mare the Claimant had was a cream color & that died and left a little colt & that ?died? & went on till the Yankees carried her off. This was the old mare the Yankees took. I never saw the cream colored mare but heard the old man the Claimant talk about her. I don’t know how long he had had them when the raid passed through I saw the soldiers catch these mares and ride them off.
Item No 2. He had 2 Bacon hogs in the pen good large ones. I don’t like to state I didn’t know how much they would weigh. They shot them down in the pen and skinned them and put them on the horses. The horse [word] them off.
Item No 3. He had 24 head of poultry. I was there when the Claimant counted them he was going to sell them at the store the reason he counted them. They tied the poultry up and took it away on the horse.
Item No 4. He had 25 Bee hives. I lived in the next house and our garden’s [SIC] joined & I could peek over into him garden anytime and he in mine. They took the bee hives in their arms out to the old field and some they masked up and some they took the honey out of. They came to my house and got tin buckets and things, to put the honey in.
These horses were both large the old one was the largest, but the old mare was a heavy animal more than medium size. The youngest one smaller.These horses belonged to the Claimant. I heard him say they belonged to him. I did not see him pay for them. I don’t know how long he had owned these horses. He had been raising poultry hogs and horses ever since I knew him. His master allowed his other slaves to own poultry and hogs and horses and everything they could. He always worked his slaves by task and when they got through that, he allowed them to go & work in the “Nigger field” for themselves, that was a field where the slaves were allowed to plant for themselves. Some times a hand would finish his task by 1 and 2 and 3 oclock and a good smart swift hand get done at 12 oclock. Sometimes they had no task but worked by the day, then they worked till 5 oclock. Our owner allowed us to do this & in this way, we got our money to buy these things. A great many would buy a little colt for $50.00 a colt a year old and they would pay $25.00 this year and $25.00 the next for him. This was the going price.
Sterling Jones
Witness E.E. Adlington
Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia
In the Case of Sandy Austin vs. United States before Special Commissioner Virgin Hillyer Esqr, Riceboro, Liberty County, Georgia
We have no further testimony to offer in the above case and hereby submit the same for the consideration and decision of the Hon. Commissioners.
[Signed] W.H. Sykes, Claimant Counsel
[Transcriber’s Note: No remarks by the Special Commissioner entered.]
Image 59:
No. 20636
Sandy Austin, Col’d
Liberty Co, Ga.
Testimony of
Sandy Austin, page 1
Aberdeen Lecounte, page 2
Report. Sp[ecia]l Agt [Agent], page 5
Respectfully forwarded from Waynesboro, Ga
July 20, 1878
R.B. Avery, Special Agent
Additional Testimony by Claimant
Q[uestion]: Please repeat this oath:
A[nswer]: I Sandy Austin do solemnly swear that I will tell the truth, the whole truth and nothing but the truth in regard to all matters whereof I may be questioned. So help me God.
Q: Who made out your claim?
A: Simms. Sumner W. Allen paid the costs, and has it now.
Q: What did you have when the Army came?
Horses, Beehives. Took some chickens, some bed clothes. One hog. Two barrow [type of hog]. Fattening hogs.
Q: What kind of a horse did you have?
A: Do you see that horse out there? Well that was the mare’s colt. When they took the mare they could not take the colt, and that is him. Two mare, dark bay. One was the mother of the other. I bought the mare mother from my brother in law, a long time before. The mother of that horse was his colt.
A: Are you sure they got two from you?
Yes, sir. One was the mother of the other. I had two when the army came and that colt. I know I told Simms and Hillyer both that the army took two horses from me. That colt out there is the old mare’s colt. The other mare about 6 years old when the raid came was her colt, [word] I know I did put them both. Both were in the pasture. The yankees took them. They just said they were going to drive them off. I owned them. They were not Joe LeCounts.
Q: What else did you have?
A: I had some fowls. I expect about three dozen as well as I can remember. I remember good now, I didn’t before.
A: Let me see what you remember about the hogs.
I just had one fattening barrow in the pen, and a sow in the pasture. They killed both and put in a wagon, and hauled them away. I think they would weigh over 100 lbs each.
Q: How many bees did you have?
A: About 14 bee hives. I do think they were worth something that time of year. Yes, they all had honey in them. There was plenty of people on the same plantation. About 3 ½ miles from here.
Q: Tell me if this is correct, when you have heard it read?
A: Yes sir. It is.
Sandy Austin [signed by mark]
Attest
R.B. Avery
Sp’l Com’r [Special Commissioner]
Testimony of Witness (Aberdeen LeCounte)
Q[uestion]: Were you acquainted with Sandy Austin?
A[nswer]: Yes sir, Always, I knew every man on Joe LeCount’s place. I knew their cows and horses. That mare that Sandy talked about would raise a colt every year. Sandy had that colt. It is now an old horse, and two other mares. He had three. The colt was too small for any use, and they didn’t bother anything they couldn’t ride. I know he had two mare’s [SIC] and the colt when the raid came. I was not there, and don’t know anything their being taken. Joe LeCount let his servant raise all they could.
Aberdeen LeCounte [signed apparently by himself]
Attest
R. B. Avery
Sp’l Com’r [Special Commissioner]
Report of the Special Agent [image 63]
Claim of Sandy Austin, Col’d
Liberty County, Ga } No. 20636
This claimant is said to be an honest hard working man. W. A. Golding swears: “He has been pretty well off. He is now poor, and got in debt, and last two or three horses since the war. I think he went security for some of the colored people, and lost the horses that way.
I could find no one who was thoroughly acquainted with his losses. Aberdeen LeCount swears that he had two mares when the raid came, and claimant swears that both were taken. That is probable. They were too small to excite the cupidity of the Confederates, or he would not have had them when the federals came. He sticks to his two hogs, and reduces honey. From his appearance, I have no doubt about his trying to tell just what he lost. I respectfully refer the Hon. Comm’r of Claims to the testimony of [1 or 2 words – name] LeCount, accompanying this.
Very respectfully,
R. B. Avery
Sp’l Agt [Special Agent]
Hon. Comis’r’s of Claims
Washington, D.C.
Testimony of Witness (W.A. Golding)
The deposition of W.A. Golding on ???vate files.
“He has been pretty well off. He is now poor, and got in debt and lost two or three horses since the war. I think he went security for some of the colored people and lost his horse that way.”