Lemuel B. Howard Pension Application No. 13129 CLAIM OF Lemuel B. Howard of Sebastian County,State of Arkansas $150.00 TESTIMONY OF Calimant & page Claimant 1 William Manley 6 John C. Bates 8 F.M.Blaylock 10 James L. Blaylock 11 John Howard 14 TAKEN BEFORE W. A. Harris Special Commissioner J. S. Spradling of Greenwood, Ark Attorney (FRONT PAGE) Before the Commissioner of Claims Act of Congress, March 3, 1871 Case of Lemuel B. Howard No. 13129 It is hereby certified, that on the 17th day of October 1872, at Greenwood, in the county of Sebastian and state of Arkansas, personally came before me the following persons, viz: Lemuel B. Howard - Claimant, John S. Spradling - Counsel, or Attorney and William Manley, John C. Bates, F.M. Blaylock, James L. Blaylock, John Howard, claimant's Witnesses, for the purpose of a hearing in the above entitled cause. Each and every deponent, previous to his or her examination, was properly and duly sworn or affirmed by me to tell the truth, the whole truth, and nothing but the truth, concerning the matters under examination; and the testimony of each deponent was written out by me, or in my presence, and as given before me, and subsequently read over to said deponent, by whom it was also subscribed in my presence. Witness my hand and seal this 24th day of October, 1872. (SEAL) - W. A. Harris Special Commissioner of the Commissioners of Claims Deposition of Lemuel B. Howard In answer to the First General Interrogatory, the Deponent says: My name is Lemuel B. Howard, my age 30 years, my residence Sebastian County, in the State of Arkansas, and my occupation a Farmer; I am the claimant, and have a beneficial interest in the claim. -3- 2 From the 1st of April 1861 until sometime in July 1862 I resided with my Father six miles Northwest of Greenwood the county seat of Sebastian County Ark. about which time I was conscripted in the rebel army where I served about five months when I deserted them returning home and lay out in the mountains until some time in December 1862 when I started for the Federal lines and arrived in Fayetteville, Ark about the 8th of January. at which place I enlisted in "I" Co. 1st U.S.V. Cav. in which Co. and Regt. I served until the close of the war when I was mustered out of my regt. some time in August 1865. 3 No 4 I took some oath when I was sworn in as a conscript don't remember exactly what it was. I didnot consider it binding as I was forced to take it. but remember that it was to serve three years or during the war. 5 No 6 No 7 No 8 No 9 Only as a conscript 10 Only as a conscript 11 No 12 No 13 Some time in July 1862. One Captain -4- McCord at that time stationed at Greenwood Ark. sent word to me to come in on a certain day and report to him. I came in and reported to him, he told me I would have to go into a company then being organized at Greenwood. I was sworn in and went with the company to Ft. Smith where we remained about a month where we were mustered into the service in King's regiment of conscripts. we went to Fayetteville and was in the Prairie Grove fight. after which when the Regt. was on the march for Helena Ark and when in Franklin County Ark some ten miles from Roseville. I deserted and came home. I went out in July and got home in Dec. 1862 14 No 15 No 16 No 17 No 18 Only as a conscript 19 No 20 No 21 No 22 Only as a soldier 23 No 24 No 25 No 26 I was threatened before I was conscripted that if I did not go into the service -5-br> I would be hung. I don't now remember who by but it was by a good many and quite frequently. 27 I myself was not but after I left home the rebels robbed my fathers house and destroyed his property and frightened the women so they left their home. 28 No 29 I served in the Federal Army as stated in No. 2. 30 None 31 No 32 Not of my own free will 33 No 34 No 35 No 36 No 37 No 38 No 39 No 40 At the beginning of the rebellion I sympathized with the Union Cause, and was opposed to the rebellion. I was not at that time old enough to vote. After the state was declared out of the Union I still adhered to the Union Cause. 41 Yes in full Part 2 Claimant being further questioned regarding property taken testifies as follows. I was not present -6- when Item No. 1 of my petition was taken and never saw the mare after she was taken. But when I left home in December 1862 to go to the Federals I left at home at my fathers said mare. She was a roan about 15 or 16 hands high 6 years old in good Fix(?) and worth at that time about $150.00 and will introduce witnesses to prove that the mare was taken for the use and benefit of the U.S. Service. I never received any pay either money voucher or script for said mare. Lemuel B. Howard Sworn and subscribed to before me this day of October A.D. 1872. W.A. Harris Deposition of William Manley who being duly sworn to tell the truth the whole truth and nothing but the truth testifies as follows. I am 30 years of age reside in Sebastian County Ark. and by occupation a farmer. I am in no way related to claimant neither have I any interest in this claim whatsoever. I was not present when item No. 1 of claimants petition was taken and did not see -7- the mare at the time she was taken but saw her in the evening of the same day she was taken. about two hours afterwards. about one mile from where she was taken. This was in April 1863 one James Blythe a soldier of the 1st Ark. Cav. U.S.V. then stationed at Fayetteville Ark. this was before the Federals were in possession of this County Sebastian Co. Ark and he was down here as he informed me on recruiting service for his regt. I knew the mare to be claimants and I went with him to the Federals then at Fayetteville, he taking the mare as far as Boston Mountains in Crawford Co. Ark. where we found the rebels so numerous that we could not ride on horse back and was compelled to turn our horses loose and take it on foot across the mountains where we could not travel on horse back and I suppose the mare fell in the hands of the rebels. I went on through to Fayettville with Blythe, and remained with the Federal Army until sometime in Sept. 1863 I joined the 1st Ark U.S.V. Infty. "E." Co. at Ft. Smith Ark This was a roan mare about 15 1/2 hands high about six years old. in good serviceable order and worth at that time about $140.00 This man Blythe never said any thing to me about the taking of said mare. I never talked with claimant about -8- the value of said mare. There was also along with us four other Union men who were on the way to the Federal lines. C.R. Rutherford a soldier at the time in "E" Co. 1st Ark U.S.V. Infty. Alonzo East who afterwards joined in the federal army and others. We all abandoned our horses at the same place and went through together His William X Manley Mark Sworn and subscribed to before me this day of October A.D. 1872 W.A. Harris Spl. Comsr Deposition of John C. Bates who being duly sworn to tell the truth the whole truth and nothing but the truth testifies as follows. I am 47 years of age. reside in Sebastian County Ark. and by occupation a farmer my acquaintance with claimant began about A.D. 1859 and was intimate throughout the war. when the war commenced I lived about 6 or 7 miles from claimant and saw him as often as once a week.. I conversed with claimant often about the war. I was an adherent to the Union cause. and was so regarded by claimant. I know from our conversations that claimants sympathies -9- were with the U.S. government. our conversations were both by ourselves and in the presence of other Union men as it was not safe to converse in the presence of those who were not known to be Union men. I know the public reputation of claimant as to loyalty. it was always that of a loyal man. and was always so regarded by his loyal neighbors. I don't know that claimant ever contributed any money or property in aid of the Union cause or Army. I know that claimant was a soldier in the Union Army. Claimant and myself in company with some 12 or 14 other Union men went together to near Fayettville Ark. where we all except one man that was too old joined the Federal army. I joined the 1st Ark U.S.V. Infty "A." Co. on the 14th of Febry 1863 and served in that regt. until the close of the war. Claimant joined the 1st Ark. U.S.V. Cav. at Fayetteville Ark in which regt. he served until the close of the war. All Union men were threatened around here on account of their Union sentiments. Claimant was included among that number. I never heard or knew of claimants doing any thing to aid the confederate army or to sustain the credit of the confederacy. I know that claimants act and language were such as -10- would have prevented him from establishing his loyalty to the confederacy if it had been maintained as a separate government. John C. Bates Sworn and subscribed to before me this day of October A.D. 1872 W.A. Harris Spl. Comsr Deposition of F.M. Blaylock who being duly sworn to tell the truth the whole truth and nothing but the truth testifies as follows. I am 35 years of age reside in Sebastian County Ark. and by occupation a farmer. My acquaintance with claimant began about A.D. 1856 and was intimate throughout the war. I lived about six miles from him and saw him as often as once a week. I conversed with claimant often about the war. I was always an adherent to the Union cause and was always so regarded by claimant. In our conversations I always found claimants sympathies with the Unions cause and an adherent to the government of the United States. Our conversations were both by ourselves and in the presence of other Union men. I know the public reputation of claimant -11- as to loyalty. it was always that of a loyal man and was always so regarded by his loyal neighbors. I know that claimant was a soldier in the Federal army and always aided Union men all that he could. I dont think claimant ever did anything voluntarily to aid the confederacy in any way whatever and was always opposed to the rebellion. I know that claimants acts and language were such as would have prevented him from establishing his loyalty to the confederacy if it had been maintained as a separate government from the fact that he was a soldier in the Federal army for more than two years. I joined F Co. 1st Ark U.S.V. Infty. on the 10th day of Sept. 1860. in which regt. I served until the close of the war F.M. Blaylock Sworn and subscribed to before me this 14th day of October A.D. 1872 W.A. Harris Spl. Comsr Deposition of James L. Blaylock who being duly sworn to tell the truth the whole truth and nothing but the truth testifies as follows. I am 30 years of age. reside in Sebastian County Ark. -12- and my occupation a farmer. My acquaintance with claimant began in A.D. 1856 and was intimate throughout the war. I lived about six miles from claimant, and saw him often as once or twice a week. I conversed with claimant often about the war its causes and progress. I was an adherent to the Union cause and was so regarded by claimant. In our conversations about the war I always found him in sympathy with the Union cause, and an adherent to the government of the United States. I know his sympathies and opinions by our frequent conversations. I conversed with claimant both alone and in the presence of other Union men. I know claimants reputation as to loyalty. it was always that of a loyal man. and was always so regarded by his loyal neighbors. I dont know that claimant ever contributed any money or property in aid of the Union Cause or army but claimant was a soldier in the Federal Army. he enlisted in the winter of 1863 either in January or February in Co. "I" 1st Ark. U.S.V. Cav. in which Co. and Regt. he served until the close of the war. I know that claimant was molested and -13- threatened with injury to himself on account of his Union sentiments and was driven from his home on that account and after he left his home and joined the Federal Army his family was threatened robbed and run off on account of their Union sentiments. I know that claimant of his own accord never did anything in any way to aid or assist the confederacy in any way whatever. I know that claimants acts and language were such as would have prevented him from establishing his loyalty to the confederacy if it had been maintained as a separate government from the fact that he was a soldier in the Federal Army and that he was a deserter from the confederate army where he served as a rebel conscript some four and one half months. I was with him in the conscript service and claimant was always regarded as a Union man and was to my own knowledge punished for so expressing himself. I deserted the same regt. and company going north within the Federal lines and offered to enlist as a soldier, but was rejected by the Surgeon on account of affection(affliction?) of my eye and inclining to be consumptive. I worked for the government of the U.S. -14- as a blacksmith as I was able at different times some 8 or 9 months in all. James L. Blaylock Sworn and subscribed to before me this 21st day of October A.D. 1872 W.A. Harris Spl. Comsr Deposition of John Howard who being duly sworn to tell the truth the whole truth and nothing but the truth testifies as follows. My age is 54 years my residence Sebastian County Ark. and my occupation a farmer. Claimant is my son. I have no interest in this claim. I was present when the mare specified in item No. 1 of claimants petition was taken and saw her taken. On the 17th day of April 1863 there came to my house one soldier of the 1st Ark U.S.V. Cav. Co. "I" named J.M. Blythe who went to the stable about 50 yds from the house and took therefrom one mare the property of claimant and rode her off in the direction of Fayetteville Ark where his regt. was at that time stationed. he told me he was compelled to have a horse to ride to his command, that the rebels had caught him and he had given up his horse and all the money he had. for them to let him go. and was at that time in danger and must have the horse to get away upon. and upon such representations I said nothing against the taking and let him go with the horse -15- and after the Federals came to Fort Smith Ark. I saw the same man serving in the same regiment that he said he belonged to at the time he took the mare Claimant at the time the mare was taken was a soldier in the 1st Ark U.S.V. Cavalry. when he left home he left the mare in my charge. Said mare was a roan about 7 years old about 15 or 15 1/2 hands high in good order and worth at that time about $200.00 she was a work animal. There was no voucher or receipt or pay of any kind ever given for the mare at the time of the taking John Howard Sworn and subscribed to before me this 24th day of October A.D. 1872 W.A. Harris Spl. Comsr