(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 Monroe County Tngenweb site.)

 

John Lindsey, aged 22 years, citizen of Monroe County East Tennessee. Resided near Hopewell

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 Sherman's men took from Claimant a roan mare 8 years

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 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.

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 Chattanooga by one of his men. Gen'l Sherman said

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 Chattanooga in a force march at the time. Had been no

skirmish in battle in the vicinity. I did not know the quartermaster. I talked with Gen'l

Sherman, Col. Curtis & Long and several other officers about the mare. I stayed all

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