(from archived RCHC Web Site)

Contributed by Robert L. Bailey

Note from original transcription index page:  After the Civil War, there are several court cases in which former Rebel sympathizers were sued for damages to property and person. These cases give an idea of events that occurred in Roane County during the Civil War.

Note:  the source Minute Book and page were not indicated on the original transcription.

See also a separate post about Colonel Robert K. Byrd‘s service (click here) and transcription of his 1862 letter to Henry Welcker (click here).

In the Circuit Court Roane County Oct. Term 1867.

Be it remembered that this cause came on to be tried on this 14th day of Nov. 1867 at a Circuit Court in and for the county of Roane & State of Tennessee begun and holden at the Courthouse in Kingston in said County on the first Monday after the fouth Monday of October 1867 before the Hon. E. T. Hall Judge &c. presiding and a jury of the county where the following proceedings were had.

The plaintiff introduced James Burnett who testified that he knew the school house and the school kept by Mrs. Byrd wife of the Plaintiff in the year 1862 knew that the School house was taken possession of by Kincaids Company of Confed. troops Dont recollect who had command at the time. (The Defts objected to all testimony as to the acts of Kincaids Co. or of third parties and the court overruled the objection and permitted testimony to go to the jury) They had headquarters in the house Kincaid and the officers staid in the house. The men camped out side of the house in tents They did not take off the benches kept the arms in the house. There were soldiers there after Kincaids Co. left the house George Price was in the Co. Fuller James M. Price & Lieut. Martin were there Warrick staid at Blacksmith shop Durham was not there Edgemond did not see Mrs. Boyd [sic] was teaching when they took the house and had a good school 20 or 30 schollars Her income must have been 20 or 30 dollars per month. After the Co. left she did not get possession until the Yankees came in her in 1863.

Cross Examined

Col. Byrd was in Kentucky in the army at the time the house was taken Col. Byrd left her in Aug. 1861 Kincaid took possession about a year after Did not see them when they took possession Dont know who took possession There was enclosure about the house where these men left the house the[y] had not injured it they took mighty good care of it.

The Plaintiff introduced A. T. Lee who testified that he was the brother of Mrs. Byrd and was here when she was teaching school in 1862. She was teaching one day and went back the next day and Kincaids Co. had taken possession of the house I went to the house the next day Lieut. Martin was there and spoke huckly about Col. Byrd and ??? said he was a rebel Said they wanted the house and were going to keep it. Some of the men of the Co. were in the house Dont know the other defendants. They took possession of the house in February 1862

Mrs. Byrd had no other means of support at the time. She had 40 or 50 schollars & the same amt. of income. The benches were all destroyed by soldiers. She had been teaching 2-1/2 months of a five months term when they took the house I left here in July 1862 they held house them benches all belonged to my sister. House would rent for 5 Dolls. per month. X Examined. They called Martin Lieut. was not at home when they took possession Dont know who took possession only it was Kincaids Co. Up to the time Sister left for Ky. 13 weeks after they came Kincaids Co. held the house Byrd and sister married 2 weeks before he left for Ky in 1861.

John Tipton a witness for the plaintiff testified that he was living here and going to school to Mrs. Byrd at the time the soldiers took the School house I did not know the men but know the Capt. of the Company. It was Kincaids Company. The building was clean and neat where they took it and furnished with seats and desks. They took the Benches to feed their horses in and horses eat them up There were between 40 and 50 pupils in the school.

Note: The outcome of this case is not indicated in the court file.