Jack Wilson – Southern Claims Commission

Claim transcribed by Stacy Ashmore Cole
Scroll down to see the full transcript of this claim

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. More than 140 Liberty County residents — both black and white — filed claims, mostly for property taken during December 1864 when a unit of Sherman’s Army commanded by General Kilpatrick camped at Midway Church and conducted foraging raids throughout Liberty County. Horses, cows, hogs, poultry, corn and rice were the most common items of property taken. In Liberty County, many slaveowners allowed their enslaved people to work on their own time and own small amounts of property, most of which was taken by the U.S. troops for use by the Army.

The 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.

 

Jack Wilson SCC claim cover page
Jack Wilson SCC claim cover page

The Claim: Summary & Transcription

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

Summary

Claimant’s Name (Last Name, First Name): Wilson, Jack
Listed as “Colored”? (Y/N): Y
Amount of Claim: $463.50
Total Amount Allowed: Disallowed
Nature of Claim: Stores for Genrl Sherman’s Army 1864
Claimant living in: Halifax Plantation, Liberty County, Ga
Incident occurred in: Westfield Farm in Liberty County
Claim #: 20703
Secondary Claim #:
Date Claim Submitted [YYYY-MM-DD]: 1873-02-08
Date Testimony taken [YYYY-MM-DD]: 1873-07-31
Claimant’s Attorney: W.H. Sykes, Savannah, Ga; Hosmer & Co, Washington, D.C.
Property Removed to: the Camp of the Army
Date property removed: 1864-12-17
Army unit involved: Sherman’s Army commanded by General Kilpatrick
Date Submitted to Congress [YYYY-MM-DD]:
Post Office of Claimant: Riceboro, Liberty County

 

 

Witnesses to be Called:

Purpose

Wm. Jones [did not testify]

 

Joshua Andrews [did not testify]

 

Abraham Anderson

 

Ben Howard

 



Items Claimed

 

Item #

Description

Amt Claimed

1

3 horses, one a colt

375

2

4 cows 2 were yearlings

60

3

2 hogs large grown

20

4

3 bushels corn 5 potatoes

5.50

5

3 prs fowls

30

 

TOTAL

 

 

Transcription

Remarks: [From image #10607] The claimant was the slave of George W. Walthour a planter of Liberty Co. Ga. & lived on his master’s plantation. He says he was freed by the war. The story of this claimant that he raised stock, horses & cows for his own use on his master’s plantation is not credible. It needs substantiation by better proof than we find in these dispositions. There were but few instances where slaves had such a title to horses & cows as would justify us in recognizing it & admit[ting] its validity even in equity. Such chickens, pigs, garden products & other similar property as slaves raised & called their own, was permitted by their owners; for just as far as it aided in their support, just so far it inured to the benefit of the master. This claim is disallowed.

[Transcriber’s Comments: John S. Ashmore and Joseph Ashmore served as witnesses for the claim’s submission. Also, image 10580 is a document belonging to the John Wilson case, unrelated.] 

Testimony of Claimant

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

My name is Jack Wilson, my age 40 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.

Jack Wilson vs. United States } Before Special Commissioner, Riceboro, Liberty Co, Ga

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

My name is Jack Wilson. I was born in Liberty County, a slave, and became free when the army came into the county. I am about 40 years of age, am a farmer. I am the claimant in the 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?

From the 1st of April 1861 to the 1st of June 1865 I resided on George Washington Walthour Plantation. I was his slave and worked for him all the time till I became free then I worked for myself.

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?

I took the oath to register in Savannah, I think about two years after the raid [word] that was the only oath that I remember taking.

6 to 39 inclusive to each and every question the claimant answers “no” says when the Yankees came into the county he had heard so many stories about them he was frightened and cleared out & went into the woods. When he came back he was asked to do some little things for the Yankees & did it.

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 war or when I first heard of it I thought if what I heard about it was true, I was glad of it but living in [image 10588] the country as I did I had no opportunity to know what was going on for our good I was for my freedom all the time, I did not care how it came. I prayed for it to come and waited for it a long time. It came and I am not tired of it and I don’t think I ever shall be.

41. [Original Question 34.] In conclusion, do you solemnly declare that, from the beginning of hostilities against the United States to the end thereof, your sympathies were constantly with the cause of the United States; that you never, of your own free will and accord, did anything, or offered, or sought, or attempted to do anything, by word or deed, to injure said cause or retard its success, and that you were at all times ready and willing, when called upon, or if called upon, to aid and assist the cause of the Union, or its supporters, so far as you means and power and the circumstances of the case permitted?

In conclusion I do solemnly declare that from the time I first knew anything about the war, I never did anything against the Yankees or against the Union cause to my “knowin”. I was always willing to do all I could for them to aid and assist them in helping us to get our freedom.

[Question 42 only asked of women.]

43. Were you a slave or free at the beginning of the war? When did you become free? What was your business after you became free? How and when did you come to own the property named in your petition? How did you get the means to pay for it? Who was your former master? Are you now in his employment? Do you live on his land? Do you live on land purchased of him? Are you indebted to your former master for land or property, and how much? Has anybody any interest in this claim besides yourself? State fully all the facts in your answers to these questions.

At the beginning of the war I was a slave and became free when the Union Army came into the County. I bought a colt of my father when I was a young man about 20 years old. I paid him $15.00 the “first trip” then I paid him $5 for the next, that was what I gave him for my colt. I first raised a little patch of cotton for my master and he gave me $15 for it that was for my extra work they would not let us raise cotton for ourselves as they did other things. I worked again in the same way, but was behind and he gave me only $5. That was the way I got my start [image 10589] and have been raising horses for sale ever since – till freedom. I think I was raising 10 or 15 years before freedom, I can’t tell much about time the Yankees came & “met me” with their head. George Washington Walthour was my master. I am not in his employment, neither do I live on his land, I live on a place belonging to John L. Harden called Halifax. I am not indebted to any of my old master or mistress. I owe my land owner a little for rent of land. I pay him twenty dollars a year for as much land as I can work. I pay him at the end of the year. I don’t owe him now but shall at the end of the year. I am the only one who has any interest in this claim.

2d 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 specified in my claim was taken.

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

I saw the property taken by the Union soldiers.

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

When they came up they said who owns “them” horses I told them they belonged to me, they started to take them and I told them they belonged to me and must not take them. They said they had orders to take all they find & if I said anything more they would shoot – they were fighting for my freedom, and must have what they wanted to do it [image 10590] with I said nothing more, nor they to me. They went to work and took every thing I had in short order. The first day just took the mare and colt out of the lot around the stable, the next day they came they cleaned me out, did not leave me a thing to eat I liked to starve to death. I had to go picking around among my neighbors but they were all about as bad off as I was, it was a hard time for us that winter. There was a great deal of suffering in Liberty County.

4. Where were the articles taken? When were they taken? Give the day, month and year, if you can? By whom were they taken? Did you see more than one soldier engaged in the taking? How many soldiers were present? State the number as near as you can? How many helped take the property? How long were they engaged in taking the property?

The property was taken at my house on George Washington Walthour’s Plantation in December 1864 and about the middle of December by the soldiers of Kilpatrick’s Company. They were all over the Plantation. I can’t tell how many there was there were about 8 or 9 at my house they took all I had at two trips, they did not take all in one day, they came one day and took a part, then the next day and took the balance.

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

I was present, William Jones, Joshua Andrews, Abraham Anderson. There [image 10591] were others on the place.

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 know officer from private then. I did not hear any orders given they just came there and talked just as we are talking now it seemed to me they were compelled to take the property to keep themselves from starving.

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 mare and colt they took out of the stable lot on the first day, they took both hogs, they shot them down cut off their heads put them on to their horses and rode off. The corn they took the second day and drove them off. I am not sure about the cows and poultry it is so long that I don’t remember whether they took them the first or second day. I believe they took the potatoes the first, they took the potatoes out of the cellar (a potato cellar) they knocked the fowls down killed some and some they took off [word].

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

They removed the property in wagons & some on horses.

9. To what place was it removed? Did you follow it to such place, or see it, or any portion of it, at any such place, or on its way to such place? How do you know the place to which it was removed?

They removed the property to the camps, what they did not use right there on the spot.

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

The property was taken for the use of the “mens” and horses. I saw them use some of it, and I supposed they must have used it all in that way. I did not go to the camp with them but they said they were going there and started off in that direction.

11. Was any complaint made to any officer on account of such taking? If so, state the name, rank, and regiment of the officer. What did he say about it? State fully all that he said.

I did not make any complaint on account [image 19592] of such taking.

12. Was any voucher or receipt for the property asked for? If so, of whom asked? State name, rank, and regiment. Was any receipt or paper given? If so, produce it, or state where it is, and why it is not produced. If no voucher or receipt was given, state why none was given, and if refused, why it was refused; state all that was said about it. State fully all the conversation between any officer or other person taking the property, and the claimant, or any one acting for him.

I did not ask them for a voucher or a 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 they did not come out at night.

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 the things the army was encamped at Midway Church about 8 or 9 miles from my house. It was said to be Genl Kilpatrick’s company they were all on horses. They staid there about 4 weeks, I think, I heard of no battles or skirmishes before or after the property was taken. I did not know the quartermaster or any of the officers of the army.

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

This property was all in trim order I call it.

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 horses were the old mare about 15 years old, and the young horse about 5 years old & the colt a little over a year old. They caught the mare in the stable lot & rode her away the first day & the colt follow after the mother. The 2nd day they came & took the horse. The 1st day the horse was not there.

Item No. 2: I had 2 head of cows taken. They took 4 head of cattle, 2 cows & 2 yearlings, and the yearlings got away & came back. They drove the cows away. They were from 4 to 5 years old, one 4 and the other 5. They were full grown good milch cows. I think the bigger would weigh 350 or 400 lbs & the other about the same. They were [image 10593] pretty nearly of a size. They were fat.

Item No. 3: I had 2 head of hogs taken, a little over a year old. They were fat. I think they would weigh over 120 lbs. These hogs were in the pen & they shot one, & the other they tied & put him on the horse. The one they killed they commenced cooking there.

Item No. 4: I think I had 4 or 5 bus[hels] of corn if it was shelled but it was in the ear. They came & took the corn out of the house & tied some of it up in sheets, & some they fed out there & took the rest away. There were some 5 or 6 soldiers in my house & 10 or 12 outside some cooking some feeding the horses. I think they took some 2 bus[hels] of potatoes. They fed some of the potatoes to the horses & some they took away in bags & bed clothes.

Item No 5: They took about 10 head of fowls from me. I had 15 head but some got away from them that they didn’t get. Some they caught, some they shot, & some they took away alive.

I got these horses from my father. When I was [a] small boy my father had horses & after a while I bought this mare of him paid him $15.00 at one time & $5.00 at another. He let me have her cheap because I was his son. If he was going to sell her to anyone else he would have asked 60.00 [image 10594] or $70.00 for her. I raised the other horse & the colt from this mare. Father gave me a heifer calf & I raised the cows from her. I bought one sow shoal, & raised her pigs the sow died. I planted & raised the potatoes. I worked task work & after we got done they would let us raise a little patch for ourselves. I raised the poultry. I never got a cent from the soldiers. I asked them for pay & they said they had done enough for us that freedom would pay. This is the first [word] claim that I have ever made against the government. This property all belonged to me. No one else has any interest in it excepting my wife & I consider her as mine.

Witness: E.E. Adlington

[signed] Jack Wilson [signed by mark]

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

Testimony of Witness (Abraham Anderson)

Interrogatories by Special Commissioner.

My name is Abraham Anderson. I was born in Liberty Ga, a slave, became free when the army came in here. My master was old George Walthour. I am about 50 years old. I reside now at Parson Jones [image 10595] plantation in Liberty Co Ga. I am a farmer. I knew Jack Wilson the claimant. He is no kin to me, only a fellow servant. I have no beneficial interest in his claim. I have known him all my lifetime. He was a good Union man, a good friend to 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 present when this property was taken.

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

I saw the soldiers take all of this property.

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 asked who owned this place, we told them George Walthour. Where is he? We don’t know. Then they told us they came to set us free, that they were the Yankees we had heard about & then asked us again, where is our master. We told them he usually staid up at Walthourville. They went on & took the property & did not tell us what for. They took the black mare first & then they took a cream colored mare the next day evening, & the colt followed his mother the black mare. They went on then & took the rest of the things.

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 the Walthour plantation; the year the raid rode through here I believe it was a month before Christmas. It was taken by the Yankees. There were 9 head of Yankees right to [word] house. There were [number not clear] men catching the black mare she was a pretty hard animal to catch. 3 men had hold of the young mare [image 10596] catching her, they didn’t have to catch the colt. There were 12 men driving the cows. 6 men took the hogs. 15 men around the corn & potatoes. 7 men after the fowls. The first day they came up they began at evening & left at dark. They came back the next day about sunrise. They took corn the first evening, & the potatoes & rice about 5 bus, & the black mare the old mare. The 2nd day they came in the morn & took the cream pony 10 years old. The colt followed the mare the 1st day. They took the cows the 2nd morning & the hogs. They took the fowls then too. They left there about 12 o’clock.

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

Mr. Jack Wilson the claimant, & myself, & Mr. Aberdeen LeCount, Wm. [William] Jones & Joshua Andrews were there when the property was taken from claimant.

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 know the officers from the soldiers. I did not hear any orders given by anybody 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 took the horses in this way. They changed the things that they had on their horses & put them on claimant’s horses & got on them & led their own. They drove off the cows from the yard. The sow was at the gate & the barrow in the pen. They caught the barrow & tied him & put him on the horse. The sow they drove off from the gate & she didn’t come back again but I didn’t see them kill her. [image 19597] They put the corn in an emptied mattress. They put the potatoes in old [word] bags & old pieces of [word] they [word] these & took them away in that. They tied up the fowls & shot them etc.

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

They removed this property on horses, & in wagons & they drove off the cows, & rode the horses off.

9. To what place was it removed? Did you follow it to such place, or see it, or any portion of it, at any such place, or on its way to such place? How do you know the place to which it was removed?

They removed this property to the camp. They went that way & I supposed they took it there. I didn’t follow it.

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

They took this property to eat. They fed some of the corn to the horses on the place, but that which they took away from there I didn’t see used.

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 heard him make a complaint to one of the soldiers. I don’t know whether he was an officer or not. I don’t know his company or regiment. He told him he had not got anything to eat, & they told him never mind, that you’ll get plenty to eat .That’s all the complaint I heard made in my presence.

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.

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 up near Midway for they came from that side, & they went back that side. I don’t know how long they staid there. I did not go to see. I don’t know whose army it was. [image 10598]

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 fine order all of it.

16. What means have you of knowing the quantity taken? State particularly how you estimate the quantity? Did you count or weigh the articles? Give us all your data. How much did you see taken and removed? What quantity was taken in your presence? As to quantity, distinguish carefully as to what you saw and know, and what you may think or believe from what you have heard from others.

Item No. 1: The black mare was 15 years old & the cream mare about 10 years old. When they first broke the young mare she was 4 or 5 years old & this was 4 or 5 years before the raid came through. It was about 4 years old when they began to break her. He begins to break them when they have not cleared the 5 year’s old. These animals were small colored men’s horses. I saw them taken away. They were fat & in good order.

Item No. 2: He had 2 head of cattle, cows. The old one about 6 or 7, & the young one about 3 years old, full grown, but not so very large. I think they would weigh about 50 lbs to a quarter, & the young one was nearly as big as the old. I don’t know anything about the weight on cattle.

Item No. 3: He had 2 hogs. The barrow was fat, but the sow not in [word word] good order. I never saw any hogs weighed. I don’t know how much they would weigh. I don’t know how old they were.

Item No. 4: He had 4 bus. of corn, & [number not legible] lbs of rice about. I think there was at first 10 lbs of potatoes in the [word] but they was eating from them.

Item No. 5: I didn’t count the fowls. I saw him have some there but didn’t know [image 10599] how many.

This property all belonged to Mr. Wilson. He got the first ones from his father & raised from them. He was a good industrious hard working man. He worked by the task for his master.

[signed] Abraham Anderson [signed by mark]

Witness: E. E. Adlington

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

Testimony of Witness (Ben Howard)

Interrogatories by Special Commissioner.

My name is Ben Howard. I was born in Sifax [Syphax] plantation, Liberty Co Ga, a slave, became free when the army came here. My master was Joe LeCount [alt: Joseph LeConte]. I am about 3? [2d number illegible] old. I live at Sifax LeCount’s place. I am a farmer. I know Jack Wilson the claimant. I am not related to him. I have no interest in this claim of his at all. I have known him ever since I had sense. He was a strong Union man.

2nd set of interrogatories by Special Commissioner.

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

I was present when this property of claimant’s was taken.

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

I saw it taken.

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

They didn’t say anything just [word] in the [image 10600] place & 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. Walthour’s plantation in December month, I don’t know the year. It was taken by the Yankee soldiers. I don’t know only I heard it was Kilpatrick’s men. There were lots of soldiers there. I couldn’t tell how many. They were 2 or 3 hours taking this property. I think they took all of claimant’s in one day, so far as I can remember.

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

Abraham Anderson, & Bill Jones, & Josh [Joshua] Andrews, & myself were there at the taking of this property.

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

There were officers there when the property was taken. I don’t know their rank or regiment or brigade but they belonged to Kilpatrick’s company. They were on horses & some on their feet. I don’t remember hearing any orders given. There was so much noise & ?hurraing? & confusion, I couldn’t tell anything about it.

7. Describe how the property was taken, and give a full account of all you saw done, or heard said, upon the occasion of the taking.

They came & took claimant’s horses & put their rigging from their horses on them & rode them off, & led their own. They drove the cows off from the lots. They killed the hogs & threw them across the horses. They took the corn & fed some of it there & took the rest off & the potatoes they cooked some of them there I saw them handing them round among them. They tied the [image 10601] poultry up & threw it across the horses as far as I remember; it is so long I can’t remember such about 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 removed from there in wagons & on horses.

9. To what place was it removed? Did you follow it to such place, or see it, or any portion of it, at any such place, or on its way to such place? How do you know the place to which it was removed?

The property they took off the place but I don’t know where they went with it. I did not 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 what use they made of the property but I think they took it for the use of the army. They seemed to need such things. I saw them using some of the corn and some of the potatoes.

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 claimant make any complaint he might have complained [and] I not know it.

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?

The property was all taken in the day time.

14. When the property was taken, was any part of the army encamped in that vicinity? If so, state how far from the place where the property was taken, and what was the company, regiment, or brigade there encamped? How long had it been encamped there? How long did it stay there, and when did it leave? Had there been any battle or skirmish near there, just before the property was taken? Did you know the quartermasters, or any of them, or any other officers of the army for whose use the property is supposed to have been taken?

When the property was taken the army was encamped at Midway Church about 10 miles from claimant’s house it was Kilpatrick’s army. There had not been any battles or skirmishes near there just before the property was taken. I did not know the quartermaster or any of them or any other officer of the army.

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

The property was all in pretty good order [image 10602] 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: The old mare I think they called 15 years old, the horse about 5 the colt one year. The horses were good saddle horses medium size and in good “flesh.” I saw them catch the horses & put their saddles & bridles on to them and ride them off and lead the one they rode to claimant’s house.

Item No. 2: I saw them take away 4 head of cattle but two of them came back (the two yearlings) the two cows I think 5 & 6 & the other 3 or 4 years old. The large cow was a valuable one I think could weigh 3 or 400 lbs. The other was not too large 3 to 350 lbs would be all she would weigh they drove the cows off.

Item No. 3: He had 2 head of fat hogs would weigh about 125 each – one was a little larger and heavier. I think the two would weigh about 125 lbs a piece. They killed the hogs and took them off on horses. I think one of them was put into a wagon I am not certain about that.

Item No. 4: He had 4 bus[hels] corn or what would make 4 bushels of shelled corn it was in the ear. They fed some of that [image 10603] right at claimant’s house. He had about 2 or 3 bus[shels] of sweet potatoes “as far as I can remember.” I saw them take the corn & potatoes away what they did not use up there at the time.

Item No. 5: I saw ten head of fowls they caught them strung them together and put them on to the horses and drove off.

This property all belonged to Mr. Wilson I know it because nobody else claimed it and he had been raising such things for a long time. I never heard his master claim his horses or anything else belonging to claimant he raised horses to sell he had use for only one to go to Church & to ride when he wanted to. We had to buy all of our Sunday clothes if we wanted any our master would not give us fine things.

[signed] Ben Howard [signed by mark]

Witness: Virgil Hillyer

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

[image 10604]

In the case of Jack Wilson vs. United States } Before Special Commissioner Virgil 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.

W.H. Sykes
Claimant Counsel

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[page for remarks by Special Commissioner was left blank]

[image 10606]

[Copy of claim cover sheet – no additional information]

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No. 20703 Jack Wilson (col’d) of Liberty Co. in the State of Georgia

Nature of Claim:
3 horses, 4 cows, 2 hogs
Corn, potatoes & fowls
Amount claimed: $463.50
Amount disallowed: $463.50

Remarks: The claimant was the slave of George W. Walthour a planter of Liberty Co. Ga. & lived on his master’s plantation. He says he was freed by the war. The story of this claimant that he raised stock, horses & cows for his own use on his master’s plantation is not credible. It needs substantiation by better proof than we find in these dispositions. There were but few instances where slaves had such a title to horses & cows as would justify us in recognizing it & admit its validity even in equity. Such chickens, pigs, garden products & other similar property as slaves raised & called their own, was permitted by their owners; for just as far as it aided in their support, just so far it inured to the benefit of the master. This claim is disallowed.

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

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