|1 sorrel horse 5 yr old, 15 1/2 hands, legs good ??? - $200.00
corn - $500.00
Total Claim - $700.00
From Claimant: Item No 1 by the 2nd Kansas Cav Vols in the fall of
1863. There were about 25 Federal Soldiers along under the Command of a
Leiut and the Leiut said "they were bound to have horses." No voucher or
receipt was ever given. They took the horse off in the direction of Ft.
Item No 2 - was taken by the 2nd Kansas Cav Vols in the fall of 1863 about
one month later than horse item No 1 was taken. There was a ????train
about 80 wagons and a escort or guard of about 1 or 2 men. The whole was
under the command of a Capt, his name I do not remember. The corn was
taken off in the direction of Fort Smith, Ark. No voucher or receipt was
ever given. general Thayer had command of this detail at Fort Smith, Ark
at this time.
|Witnesses for Loyalty: Col John D. Arbuckle, Charleston, Ar &
Capt Nelson S. Parker, Bloomer.
Witnesses to prove claim: Col.
John D. Arbuckle, Charleston, Ar, Louisa B. Arbuckle, Charleston, Ar &
Burns, Charleston, Ar..
Cornelius Egan - age 51 years. Has lived in Fort Smith off and
on for about thirty years.
?on Egar - 51 - Old U.S. soldier lives in Fort Smith ??? 30 years - seems to
Edward Green 28, Cold. Laborer-former slave of John D.
Arbuckle. LLived in Fort Smith for 11 years. Ft. Smith - intelligent a man of more
education than usual among the colored people appears to tell the truth.
Lived on Mr. Arbuckle' place in the spring of 1862 when I went to ??? with a
man by the name of Wilkinson who was in the Confederate Army. Wilkinson
married Miss Sallie Arbuckle and I went to live with them, they lived
about two miles from Mr. Arbuckles. I saw the claimant nearly every day up to
the time the Yankees took Fort smith and then we moved to Polk Co., Ark.
I know that he was a rebel. I know that he was always mightily glad when
the rebels whipped the Yankees, was always very friendly with the rebels when
they came about the place.
Joseph Robinson - 36 - Cold - Former slave of Arbuckel - mulatto-looks
intelligent, was very careful in statements, seemed truthful. "I have
lived in Sebastian Co., Ark for about 20 years, now live in Fort Smith, Ark.
I am a day laborer, was formerly the slave of John D. Arbuckle. I
remained at home during the war until just before the federals occupied Fort
Smith when I was sent to Texas, during the early part of the war I was in the
rebel army with Mr. Carroll, con in law of John D. Arbuckel. Barney
Macklin came to Mr. Arbuckles as a day laborer and split rails, and finally got
to be overseer on the place. He talked like an irishman.
Robert Green - cold - 43-laborer Ft. Smith - former slave of Arbuckel - is a
negro of intelligence and observation - can read and seems truthful. - "I have
lived in Sebastian Co., Ark all my life, except about two years that I was in
Texas. I now live in Fort Smith, Ark. I am a laborer, was formerly
the slave of John D. Arbuckle. I was well acquainted with Barney Macklin,
the claimant, he used to work for my master and was overseer for him.
Chas Taylor. Cold. 50 - farmer - former slave of Arbuckel, seems truthful.
- "I have lived in Sebastian county Ark since the year 1828, was formerly the
slave of John D. Arbuckle. I left the Arbuckle place in Aug 1868. I
went to Fort smith and enlisted in the 2nd Kansas afterwards the 83rd U.S.
Cold. Inftry....... I knew Barney Macklin....... He was about the
place part of the time, his home was on Qnion Creek.
Henry Taylor. cold - 35-former slave of Arbuckel, intelligent in fair
degree-appears truthful. - "I have lived in Sebastian County Ark all my
life, was formerly the slave of John D. Aruckle, was his stockman. He
(claimant) owned a chestnut sorrel horse named Pompey worth about $40,
was about 5 of 6 years old. He bought the horse from a man named
Hutchinson who was a hired man on the Arbuckle Place. I left the place
tow days after the federals come to Fort Smith and enlisted with 2nd Kansas
Cold. afterward called the 83rd U.S. Cold Infantry.
Jas. Green.cold. 27 Farmer. Former slave of Arbuckel, rather a stupid
negro. - "I have lived in Sebastian county Ark all my life, was the slave of
John D. Arbuckle. I am a farmer.
Louisa Arbuckel, 60 - has a claim herself, has been a previous witness in
this case. The claimant is also one of her witnesses, seems friendly
towards claimant. At the time of the Agents visit had claimant in a room
at her house and seems to be carefully attending him, during a disgusting
malady, which will probably be his last illenss. - "I have lived in Sebastian
Co., Ark, 25 miles east of Fort Smith for 40 years. I am the widow of
John D. Arbuckle. Have known Barney Macklin for 20 years. Another
testimony - I am fifty years of age, I reside in Sebastian County Ark 23
miles from Ft. Smith. I saw the horse mentioned in ??? taken out of the
lot near our house. There was a detachment of some thirty or forty
Federal soldiers paping? the road. They stopped and took the horse.
it was about the middle of the day. They took the horse in the direction
of Ft. Smith. I was present and saw the Federal soldiers take the corn
mentioned in Item No 2. It was taken out of the crib in sight of the
house some 200 yds from the house. It was loaded into wagons and hauled
in the direction of Ft. Smith. They used frequently to come forage trains
from Fort smith of from 50 to 80 wagons at a time and loaded with corn and
hauled it off. There was usually one officer in command and an escort of
from 30 to 100 soldiers. I don't know the names of any of the officers
nor the command to which they belonged.
J.B. Luce - 60 - Attorney & Farmer - Lived in the next place to Arbuckel,
appears to be a gentleman. - "I have lived in Sebastian County Ark since the
fall of 1852. During the war I lived 18? miles east of Fort Smith and
within 5 miles of John D. Arbuckles residence.
Thos H. Carter - 51 - Farmer- appears truthful, also? unwilling to testify.
- "I have lived in Sebastian County 21 miles from Fort Smith since the winter
Testimony in favor of loyalty.
Joseph Robinson (cold) After
claimants brother died from a wound at Oak Hill fight Claimant always dodges
the rebels when they came about and kept out of the way of the conscripters by
laying out in the bottoms.
Robt Green (cold) When the rebels wanted to
conscript him, the claimant laid out in the bottoms, and staid out for several
months in 1863.
Henry Taylor (cold) Claimant dodges around with the Federal
when they came.
Nelson S. Parker - My age is 39 years residence
Sebastian Co., Ark, occupation Farmer. My acquaintance with claimant
commenced about the year 1858. I was intimate with him throughout the
war. I lived about 9 miles from him prior to the war and up to 1863 when
I went to Mo and joined the Federal army, sometime in Sept 1863. I
returned to Ft. Smith with the 1st Ark Cav as a private of I Co. when I
remained on Det? service most of the time during the war. From the
time the war broke out up to the time I went to Mo. I was with claimant and saw
him often. We laid out in the cane bottoms together for months at a
time to avoid the Confederates who had threatened to hang me and I think
claimant also on account of his Union sentiments. During the time I was a
soldier stationed at Ft. Smith I saw claimant nearly every day and conversed
with him. He was employed in the Qr. Ms. Dept. Claimant was always
regarded by his Union neighbors and by myself as a Union m an. In case
the Confederate states had been established I think claimants act were such as
would have prevented him from establishing his loyalty ???.
Arbuckle - My age is 63 years and by occupation a Farmer. I reside on
my farm in Sebastian County Ark twenty three miles from Ft. Smith. I was
present when the horse mentioned in Item No. 1 was taken and saw it taken.
It was sometime in the Fall of 1863. I went with claimant out to the road
to try and get the horse back and talked with the officer (whom I took to be a
Lieyt) in command of the Det. the office said he belonged to the 2nd Kansas
Cavalry U.S.A. and he refused to give the horse up said he needed him for
a cavalry horse that was his reply to me when I asked him to ??? the horse.
There was nothing said that I heard in regard to the pay or ??? for the horse.
The horse was taken out of a lot about one hundred yards from my house and was
taken by the officer in comd. of Det in the direction of Ft. Smith, Ark.
I was present and say all the corn mentioned in Item No. 2 taken. It
was not all taken at same time but at two or three ?? different times during
the Fall of 1863. Some was taken in Sept and some in the month of
October. It was all taken by regular forage ??? from Ft. Smith under
command of a Captain with an escort of troops. There was generally from
30 to 35 wagons come in the times. The corn was taken from a crib loaded
onto wagons and hauled in the direction of Fort Smith. The escort
generally consisted of from fifty to seventy ??? soldiers. the crib
that contained claimants corn was situated about 250 years from my dwelling
house. The corn was all taken out of the crib by soldiers as stated above
and to the best of my judgement there was at least five hundred bushels.
There might have been more. Corn at that time was worth $1.00 per bushel
or even more. I am in no way related to claimant and have no ???
interest whatever in claim.
My acquaintance with claimant commenced about the
year 1858 At the commencement of the war he was living on my place in my
family and remained here until the fall of 1863 when claimant and myself both
went to Fort Smith where the Federal Army was for protection where we remained
and boarded at the same house until March 1865. Claimant and myself slept
together nearly all the time and was we was very intimate and had daily
conversations as to the progress and events of the war. And during all
this time I never knew claimant to do a disloyal act or ??? a disloyal
sentiment and was always regarded by his Union neighbors as a loyal man.
Previous to the time the Federals took pop???? of Ft. Smith claimant and myself
laid out in the cane breaks and mountains for several months in order to avoid
confederate soldiers and rebel bushwackers who were killing Union men all the
time and they wanted to and would have ??? us in the same way had they caught
us. They had frequently threatened to hang or kill both claimant
and myself should they catch us. In case the Southern confederacy had
been mentioned I know claimants acts were such as would have prevented
him from establishing his loyalty to the confederacy.
Testimony against loyalty
Edward Green (cold) Knows
that claimant was a rebel, as he was mighty glad when the rebels shipped the
yankees, and was always very friendly with the rebels when they came about the
Joseph Robinson (cold) Claimant was always clever when the
rebels came about.
Robert Green (cold) Claimant remained friendly with
the rebels until they wanted to conscript him.
Henry Taylor (cold)
Claimant dodged around with the rebels when they were about.
(cold) Never had much talk with the clmt. Can't say that he ever
did anything to assist the Federals.
J.B. Luce - Claimant was a
negative man, didn't know that he had any standing either way.
- Don't know which side claimant was on, he never expressed himself to witness,
never heard of the claimant being molested or ??? on account of Union ????.
Testimony on Property
Bob Egan was well acquainted with
claimant, worked with him on Q.M. Stables at Ft. Smith after Sept. 1863,
had no means that witness knew of, was a laboring man.
says that claimant was a poor man and was overseer on the Arbuckel place, and
always rode a chestnut sorrell horse named Pompey. don't know whether he
owned the horse or not. Never knew of claimant cultivating any land for
himself on Arbuckels place. Arbuckel cultivated all of his own land.
Joseph Robinson (cold) says Clmt came to Arbuckels as a day laborer, and
finally got to be overseer. Clmt. always rode "" horse, don't know
whether he owned it or not. Knows nothing of claimant tending corn of his
own on the place, Arbuckel and his son David claimed all the corn raised nearly
all the years before the yankees came, Clmt was laying out in the bottom to ???
conscripts, and could not have made any corn.
Robt Green (cold)
claimant staid in the bottom for several months in the spring of 1863, was poor
when he first came to Arbuckels place and soplit rails, afterwards got to be
an overseer, used to ride Arbuckels chestnut horse named Pompey.
Witness would have known if claimant owned this horse, as witness had charge of
the stock on the place - all the corn that was cultivated on the Arbuckel place
in the spring of 186? belonged to Arbuckel, and his son David. Macklin
did not cultivate any corn in 1863-he laid out that year to keep from being
conscripted, and did not come in till Mr. Arbuckel got shot in the leg, a few
weeks before the federals came to Fort Smith.
Henry Taylor (cold)
Claimant owned a chestnut sorrell horse named Pompey, about 5 or 6 years old
worth $40, bought the horse from Huchinson, Don't think that claimant made any
corn on Arbuckels place, the year the Federals came to Fort Smith as he was
overseer for Wilkins that year.
Chas Taylor (cold) Claimant owned a
chestnut sorrell named Pomp - a small common horse worth 35 or 40 dollars,
bought him of a man named Smith, who came from Missouri. Don't think
claimant made any corn on Arbuckels place the year the yankees came to Fort
Jas Green (cold) This witness used to work on the Wilkinson
place - says that claimant had a chestnut sorrell named Pomp worth 35 or 40
dollars. claimant was overseer on the Wilkinson place and was there most
of the time, don't know of him cultivating any corn on the Arbuckel place in
Louisa Arbuckel says that claimant was a poor man, he had a
horse and some other stock and saw the Yankees have claimants horse, supposes
that yankees got his corn - did know, but has forgotten how claimant made corn
on the Arbuckel place, the same year that he worked for Wilkinson.
J.B. Luce - don't know whether claimant did or did not have any property,
always supposed that he was a hired man on Arbuckels place.
Thos H. Carter
- claimant had nothing more than a horse that the witness knows of, was a poor
man, and worked as a hired hand on Arbuckels place.
not appear to have had any reputation for loyalty or disloyalty, in the early
part of the war he seems to have expressed himself in favor or the south - his
employer Arbuckel was open in his advocacy of the southern cause in the early
part of the war, and is said to have equipped a rebel company of which David
Arbuckel his son, was Captain. after claimants brother was killed at the
battle of Oak Hill, and the claimant was called upon to go into the rebel army
himself, he appears to have been unwilling to go help fight the battles
of the Confederacy and his out in the bottoms when the conscript officers were
about. After Sept 1863 we find him working in the U.O.Q.M. stables at
Fort Smith. It appears that claimant owns a chestnut sorrel horse named
Pompey worth 35 or 40 dollars. The old hands unite in saying that he had
no corn on the Arbuckels plantation in 1863 and as he was in that year an
overseer on the Wilkinson place, the probabilities are against his having any
corn on the Arbuckel place.
Conclusion: It appears that claimant
was not a loyal adher??? of the cause and government of the United States
during the war - all tho probably neutral in actions. claimant owned a
horse worth 30 or 40 dollars, which was possible taken by the Federals.
The corn item in the claim appears to be without support in fact. As
claimant worked in U.O. Q.M. stables after Sept 1863 he probably attained a
voucher and pay for his horse if it was ever actually turned in to the U.O.Q.M.
Department. signed John D. Edwards, Special Agent, Little Rock, Ark
Dec 30, 1877
Claimant lived near Fort Smith, Ark
during the early part of the war; but ???? as the Federal Troops took
possession of Fort Smith. He moved into the town for protection. He was
constantly persecuted for his Union sentiments and was once arrested by the
Rebels; and he found it necessary for his personal safety to seek Federal
protection at the earliest opportunity - His standing and reputation as a Union
Man seems to have been very well known, for as soon as he moved to Fort Smith
he was as once employed in the quartermasters department and served therein
during almost all the rest of the war. Two witnesses testify to his loyalty.
The first, Nelson S. Parker had ???? him since 1858 and lay out with him in the
cainbrakes during the early part of the war and also knew him while he was in
Fort Smith. The other witness is John D. Arbuckle and of the most ????
Union men in that whole country - probably are of the most ???? in the state -
had if possible even a better chance of finding out all the claimants political
???? for claimant lived on his p lace and when claimant went to Fort Smith he
went also, He often lay out in the canebrake with claimant to avoid the
rebel force and the rebel bushwhackers. Both of these witnesses have the
most positive ???? on the claimants part and are decided in the belief that all
his ??? throughout the war were loyal. the property for which payment is
claimed consists of a horse and 500 bushels of corn. The taking is ??? by
Col John D. Arbuckle and Mrs. Louisa Arbuckle both of whom were personally
present ??? the taking.
|His testimony----- My name is Barney Macklin, my age 35years,
my residence Sebastian Co, Ark, my occupation is Stock raiser. I was
arrested once by a rebel leiut of FitzWilliams command but was released in
about two hours, this was in the summer of 1862.
They drove off my cattle
some twenty five head mostly cows. I never got any pay for them.
Item #2 was taken by regular forage ??? from Ft. Smith, I saw the most
of it taken the ??? was in command of a Captain and a Detachment of
soldiers. The corn was in the crib some 250 yards from the residence of
Col. John D. Arbuckle where I was living. I raised the corn on Col
Arbuckels place. I had in some 20 acres of corn on Ark River Bottom land
and had just got it picked out and cribbed a short time before it was taken.
I estimated the quantity by thee loads hauled to the crib. I made no
complaint about the taking of the corn. The corn was loaded in wagons and
started in the direction of Ft. Smith. Trains used frequently to come
from Ft. Smith for corn. There was from 25 to 100 wagons some times more
some times less. This was all good corn and worth $1.00 per bushel and there
was about 800 bushels taken. I don't remember the names of any of the
officers in command of the Forage Trains.
I had a brother Owen Macklin, he was killed at Oak Hill fight .When he
joined the army he told me his intention was to get through into the
Federal lines as soon as possible and said he though that was the best way to
get through. I never furnished him with anything nor contributed in any
way to his support while in the service.
Another testimony by claimant: I am the claimant in this case.
As to the horse charged for in my claim. I will state that I purchased
said horse of Mr. Hutchinson a citizen residing at the time on Col J.D.
Arbuckles place. I purchased the horse about one year before he was taken
by the Federal troops. As to the 20 acres or 500 bushel charged for
I will state that in 1863 a large portion of Col. John D. Arbuckels farm was
laying out and uncultivated (I have been living on the farm most of the time
for the last 18 yrs) Col. Arbuckle told me I could cultivate as
much land as I wished and have all I could raise thereon. Col Arbuckle n
ever made any claim on me for any portion of said twenty acres or 500 bushels
of corn. And I think Col Arbuckles ?? his statement in support of my
claim testifies that he had no interest whatever in the claim. - Dec. 187?
|"This claim was investigated at Fort smith, Ark., and in the
vicinity of claimants residence in fall of 1877. Claimant was ?????, but
as he was very low with chronic diarrhea, and so weak and wandering in his mind
that it was impossible to get any intellible ??? out of him; besides which the
odor in his room made it so very offensive that the agent could not endure it
only for a few moments at a time. Abstract of evidence and remarks ????
The Conclusion: The evidence as to loyalty
is somewhat conflicting. After clamt went to Fort Smith and was employed
in the Qr Mst Dept he was loyal. Before that the balance of evidence is
against his "loyal adherence to the cause and govt of the U. States." Mr.
Edwards investigated the case, took 10 dispositions and reports client
disloyal. We refer to the depositions ??? report. We have serious
doubts as to his just title to the corn. We think he owned the sorrel
horse - but it was not worth over $40 - Claim rejected