Jacob Byerley had to answer a serious of questions under oath in relation to his petition for damages to the Civil War Southern Claims Commission. Below is a transcript of those questions and his reply to them.
1. Were you present when any of the articles of property specified in the claimant’s petition were taken?
I was.
2. Did you see any of them taken? If so, specify the articles you saw taken.
I saw taken all the items as charged in my petition and application.
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?
Col. Minty – commanding the 4th Michigan Cav. Regt. was encamped near my house and when there encamped his command got about 40 bushels of the corn as charged, the 20 head of sheep, two beef cattle – seven heads of hogs, the command of Col. Spears at a later date got the other part of the corn, the yoke of oxen, the 35 bushels of wheat and burned the fence rails and when the above supplies were taken the soldiers said that they have to have the supplies for use of the army.
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 all taken from my residence where I was then living. That part of the property that was taken by Col. Minty was about the first days of September 1863 and during the month of November 1863. Genl. Spears command got the other supplies. I do not recollect the day of the month. There were a good many soldiers engaged in the taking and was some time so engaged.
5. Who were present other than soldiers when you saw them taken? Give the names of all you know?
Green McDonald and Jasper Byerley and other members of my family were present.
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 some officers present at the time of the taking. I do not recollect their names or their rank. They belonged to the command of Col. Minty and Genl. Spears and ordered the taking.
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.
Col. Minty’s men went to the corn crib and took out the corn in sacks and carried it off on their horses. The sheep, hogs and two beef cattle they drove off to their camps and when Gen. Spears Brig. was moving in the direction of Knoxville his men got all the other property and was used on the place except the yoke of oxen and the wheat which the wheat was taken off in wagons and the steers drove off and when the property was taken the officers said that I would get pay for my property.
8. How was the property removed-by soldiers or in wagons, or in what manner? State fully as to each article taken and removed.
(No response – answered in response to another question)
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?
That part of the corn that Col. Minty’s men got and the sheep, hogs and two beef cattle was taken in the direction of their camps. Genl. Spears men used the corn that they got and the rails when encamped on the place and then the wheat was taken to the _____ Mill and made into flour. The oxen was drove off on their march. I did not follow any of the property.
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 am satisfied from what I have said and what I saw that the property was all taken for the use of the United States Army. I only saw a portion of the supplies used. I saw the army using some of the corn and burning the fence rails. I am fully satisfied that the property was all taken for the use of the army.
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 allthat he said.
I did not complain about the 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 for any voucher or receipt at the time.
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, though I do suppose that some of the rails was burned after night and it was taken at different times of the day.
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?
At the time that Col. Minty got a portion of the corn, the sheep, hogs and beef cattle he was encamped a short distance from my residence. I think he remained there about three or four weeks, when the other property General Spears was encamped on it for one night and left. There had not been any battle or skirmish just before. I did not get acquainted with any of the officers or men.
The corn was ripe, gathered and in the crib, some of it was not husked, was good corn, and worth at the time one dollar per bushel. The sheep was large and fine, they took the best I had and was worth two dollars a head, the two beef cattle was large and fine cattle and was worth thirty dollars a piece. The seven hogs was good large hogs and was in peak condition and was fully worth $15.00 a piece., the yoke of oxen was a very large yoke and was worth fifty dollars a head for beef. The wheat was in good condition in the spring house loft and was good wheat and fully worth at the time and place two dollars per bushel. The fence rails was worth $3.00.
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 sh0ock, 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?
(No response – answered in previous questions.)
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.
From the number of sacks of corn that was taken which was counted and estimated to be 75 bushels, they got 20 head of sheep which was counted. They got two head of find large heifers which would have averaged 400 lbs net, the seven hogs that they got was large and would have netted at quite a low estimate 150 lbs each. The yoke of oxen was large and would have net each 800 lbs. The wheat was measured to be 35 bushels.
17. If you have testified as to the taking of wood, how do you know it was taken? How do you know the quantity? Was it measured? By whom? What was the kind, quality, and value of the wood? Was it taken in the tree, standing, or had it been cut? Where was it taken?
(No response required)
18. If rails were taken, did you see them taken; how taken: in wagons, or by soldiers? To what place taken? How do you know, and what do you know, as to the quantity taken? Were the rails new or old? Did officers try to prevent their being taken? Was any complaint made to officers on account of the taking?
The rails was taken by the soldiers from the fence and to their camp fires and then used as fuel. I counted the panels of fence and made estimate from the number of panels I had before and since the burning built the fence and from the actual count they burned 5,760 rails, was nearly all of them was new rails. Officers did not try to prevent the taking. I did not complain to anyone about the taking.
I never received any pay for any part of this claim. This is the first application that I have ever made for pay. I had no other property taken at the same time that I have ever got pay for. I had in cultivation in the year 1863 about sixty acres of corn and forty five acres in wheat, the sheep, hogs and beef cattle I had raised.
Attest: D. R. Robinson, Special Comm.
