(Herein begins a series of answers given by John
Lindsey and Isaac to certain questions. In the copies
of this claim from the National Archives, there were
no questions attached, just the answers. I put the
questions he was asked in italics to make it easier
for the reader. The questions were obtained from a
website on the Internet courtesy of Joy Locke, the
host of the
John Lindsey, aged 22 years, citizen of Monroe County East
Tennessee. Resided near
Springs. Occupation a farmer, being duly sworn by the
Special Commissioner & examined by
Claimant's attorney deposes & says:
I think it was in 1860 when some of
old, in good order, about 15 hands high & worth about
$125.00. Two soldiers came to Claimant's
house. They went to the stable & took out the mare,
putting one of their saddles & a bridle upon the
mare. One of the soldiers rode her off. They left a mule in
the lot which had been taken from one of the
neighbors & which was next day claimed & given up to
the proper owner by the Claimant. I am a son
of Claimant. I never saw the mare after the soldiers took
her from off the place.
And said witness being further examined by the Special
Commissioner in answer to the 2d set
of questions deposes & says:
1.
Were you present when any of the articles of property specified in the
claimant’s petition were taken?
I was
present when the mare was taken.
2.
Did you see any of them taken? If so, specify the articles you saw taken.
I saw
the mare taken.
3.
Did you see any of the articles named in the petition taken, other than those
you have specified?
I saw
the mare nothing but the mare taken.
4.
When and where and by whom were the articles taken, which you say you saw
taken?
The
mare was taken from Claimant's stable by the Army, or soldiers who said they
belonged
to the Army of Gen'l Sherman in 1863.
5.
Who were present when you saw them taken?
There
was no one else present other than the family and two women living in the
neighborhood.
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?
No
officer present, that I know of.
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
soldiers just came into the lot, went to the stable, caught the mare and one of
them
rode
her off. They left a mule which they had taken from one of our neighbors &
which
was
afterwards claimed & given up to the proper owner. I went out and tried to
get
them
from taking the mare and they said that they were obliged to have her as they
wanted.
Their company all mounted on horses & not some on horses & other on
mules.
8.
How was the property removed, by soldiers, or in wagons, or in what manner?
State fully as to each
article
taken and removed.
One
of them rode the mare 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?
Don't
know to what place the mare was taken. Did not follow the soldier.
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
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.
Don't
know for what use the mare was taken unless it was for that of the Army. Saw
one
of the Federal solders ride her off. Suppose the Army got the full use of the
mare.
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.
No
complaint was made to any officer at the time the mare was taken. Think my
brother
tried to get the mare back afterwards.
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.
No
voucher or receipt asked for or received that I am aware of. Don't know of any
conversation
had between any officer and Claimant concerning the mare.
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
mare was taken in the day time. Openly and publicly. Think it was between 10
&
12
o'clock A.M. That the solder came & got the mare.
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?
No
part of the Army was encamped in the vicinity at the time of the taking. Think
they
were
just passing through the country. Did not know any of the officers. Had been no
battle
or skirmish near the place from which the mare was taken.
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
mare was of a roan color, 8 year old 15 hands high, in good using order, and
about
$125.00.
Have not talked to Claimant about the value of the mare since she was
taken.
x x x
x x x
19.
Do you know, suppose, or believe that the property described in each item was
taken for the actual use
of
the army, and not for the mere gratification of individual officers or soldiers
already provided by the
Government
with such articles as were necessary or proper for them to have?
Think
this mare was taken for the benefit of the Army. Soldiers were in the habit of
taking
horses & mules whenever they needed them.
20.
Do you know, suppose, or believe it was taken in consequence of the failure of
the troops of the United
States
to receive from the Government in the customary manner, or to have in their
possession at the
time,
the articles and supplies necessary for them, or which they were entitled to
receive and have?
Think
the mare was taken from the fact that the Government could not furnish horses
in
the usual manner. Army was in an enemy's country & the railroad was torn
up.
21.
Do you know, suppose, or believe that it was taken in consequence of some
necessity for the articles
taken,
or similar articles; which necessity justified the officers or soldiers taking
them?
Think
the mare was taken as a matter of necessity. The man was riding a mule which
is
not a suitable animal for cavalry service. Soldiers always took horses when
they had
either
lost or broken down there own horses.
22.
Do you know, suppose, or believe it was taken for some purpose so necessary,
useful, beneficial, or
justifiable
as to warrant or require the Government to pay for it?
Think
the Government got the full benefit of the mare, and that they should pay for
it.
The
Army was dependent for horses almost entirely upon the people.
23.
Do you know, suppose, or believe that it was taken by, or under the order or
authority of some officer, or
other
person connected with the army, whose rank, situation, duties, or other
circumstances at the time
authorized,
empowered, or justified him in taking it, or ordering it to be taken.
Think
the mare was taken by the authority of some one having the right to command
her
to be taken. Officers were in the habit of giving such commands. Have known of
officers
commanding their men when in need of horses to impress
one.
(The
witness must be caused, in answering the five preceding questions, to state
fully, clearly, and carefully, his
or
her various reasons for the knowledge, supposition, or belief entertained with
respect to each question.)
And
being examined further by the Special Commissioner witness says.
I am
the son of Claimant. Have not lived with him for 2 years. Don't think Claimant
ever
received any pay or voucher for the mare. I think, or at least I never heard of
his
making
any application before this to get pay for the mare. The mare belonged to
Claimant
& was taken & used by the Federal Army. And further this deponent saith
not.
His
Attest
John X Lindsey
L.C.Houk
Mark
Special
Commissioner
Isaac
Lindsey, who was first examined as to the loyalty of Claimant being duly sworn
&
examined
by Claimant's attorney deposes & says: I did not see the mare taken. I saw
one of
the
soldiers riding her shortly after she was taken. This was in December 1863 as
near as I
can
recollect. She was a roan mare, 14½ hands,
in good condition, about 7 or 8 years old & I
suppose
she was worth about $125.00.
And
witness being further examined by the Special Commissioner deposes & says:
1.
Were you present when any of the articles of property specified in the
claimant’s petition were taken?
I did
not see the mare taken.
X X X
X X X X X X X X
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.
Think
the mare was for the use of the Federal Army. Taken when Sherman was going
from
Knoxville to Chattanooga.
11.
Was any complaint made to any officer on account of such taking? If so, state
the name, rank, and
regiment
of the officer. What did he say about it? State fully all that he said.
I
went to Tellico Plains where the Army was encamped, or a part of it. They only
stayed
three
days at the Plains. I tired to get the mare, but they refused to give her up. I
saw
Gen'l
Sherman himself, Col Long & Col Curtis. They all said if I could find the
mare I
could
have her & return her to Claimant.
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.
No
voucher was ever asked for or received for the mare so far as I knew & I
should
have
known if any voucher had been received. The man belonged to Cap't Ray's
Company
that took the mare. Cap't Ray who belonged to Long's regiment, said that
the
mare had been ridden in to
that
I could get the mare if I could find her. I did not ask for a voucher as I
thought
Claimant
would get the mare.
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
soldier passed me with the mare in the daytime within sight of the house. Rode
right
up to where I was. Had no disposition at all to conceal the mare from me.
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 was going to
skirmish
in battle in the vicinity. I did not know the quartermaster. I talked with
Gen'l
Sherman,
night
at Headquarters when I went for the mare.
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
mare was in good fix when taken, 7 or 8 years old, 14½ hands high & worth about
$125.00.
Don't think I have talked with Claimant lately about the mare. He said at the
time
she was taken that he would not take $150.00 for her as she was all he had.
X X X
X X X X X X X
19.
Do you know, suppose, or believe that the property described in each item was
taken for the actual use
of
the army, and not for the mere gratification of individual officers or soldiers
already provided by the
Government
with such articles as were necessary or proper for them to have?
Think
this property was taken for the actual use of the Army. I saw one of the
soldiers
riding
the mare & know her to have been taken for the real use of the Army. Horses
were
often taken for such use.
20.
Do you know, suppose, or believe it was taken in consequence of the failure of
the troops of the United
States
to receive from the Government in the customary manner, or to have in their
possession at the
time,
the articles and supplies necessary for them, or which they were entitled to
receive and have?
It
must have been taken on account of the Government being unable to furnish
horses.
The
people who had horses were unwilling to sell them & the Government could
not
bring
horses, in every instance, for the use of the soldiers from other places, as
the
railroad
was torn up.
21.
Do you know, suppose, or believe that it was taken in consequence of some
necessity for the articles
taken,
or similar articles; which necessity justified the officers or soldiers taking
them?
I
suppose the soldier's horse had given out, as if frequently the case, and that
the
soldier
was afraid of being left behind & captured. Think the Government would be
warranted
in paying for the property in this account.
22.
Do you know, suppose, or believe it was taken for some purpose so necessary,
useful, beneficial, or
justifiable
as to warrant or require the Government to pay for it?
I
know that Claimant never had any further use of the mare & that the
Government did
have
the full use & enjoyment of her; on this ground as well as from other
considerations.
I think Claimant should be paid for his mare.
23.
Do you know, suppose, or believe that it was taken by, or under the order or
authority of some officer, or
other
person connected with the army, whose rank, situation, duties, or other
circumstances at the time
authorized,
empowered, or justified him in taking it, or ordering it to be taken.
I
think this mare was taken by order of some officer having the right to command.
Sherman
told me himself that he had ordered his men to take both stock & forage.
(The
witness must be caused, in answering the five preceding questions, to state
fully, clearly, and carefully, his
or
her various reasons for the knowledge, supposition, or belief entertained with
respect to each question.)
And
further deponent saith not.
Attest
Isaac Lindsey
L.C.Houk
Special Commissioner