Note: As this claim was disallowed, the only available record is on microfiche
 

1 Bay horse Valued $150.00                                                                        { To the commissioner of

1 Light Bay horse Valued $150.00                                                                { claims Under Act of Congress

                                                                                                                { of March 3, 1870 United States.
 
 

    The petitioner in the above cause, by his consent, A. McGunner would show that the amt involved in the above claim is too small, and that he it too poor to incurre the expenses, in procuring the personal allowances of                          , before the Board of Commissioners of Claims off[ice] at Washington, would therefore present the following statement of facts, of his own knowledge, and also those to which his witness will testify, that is to say that, he the petitioner, resides in Beat No. 11 in Monroe County, Ala. and has lived in the same for about fifty-five years and was also a resident of the Same at the time the above claim accrued and that he is the original and only owner of Said Claim which accrued in the following Manner and at the time and the place herein stated (Viz).

    On 18^th day April 1865. Soldiers and officers came to his residence, and told Mrs. Middleton, that they were compelled to have good horses, that they were on provost duty and would take those in the Col. but would return them the next day, and they went and took the horses, and went off with the. Petitioner was in his field at work and arrived at the house just in time to See the Solders leaving. Can only say report Says that Genl. Smith camped within two miles and a half of his residence but petitioner did not go to the camp himself, but every circumstance connected with the facts requires him to believe it, as much so that as there is a God and that the Soldiers belongs to Sd. command, that carried his horses to the United States army Under command of Genl. Smith, although he did not see them only as they were leaving his house - and believes would further aver that he was a loyal adherent to the cause and government of the United States at the time at the time the above claim accrued, and was so loyal before, during and since the rebellion, and would further aver that he never [never was twice underlined] furnished any Slaves, Supplies or other Material aid to the Said Confederate army or navy, or to the Confederate government, or to any officer, solder, department, or adherent of the same in support thereof, and that he never accepted or exercised the function of any office whatsoever under or yielded when any support to the Said Confederate government. Sworn to and subscribed before me, on 26 May 1871.

              Joel Hardee, J.P.                                                                        (signed) John G. Middleton
 

    Personally appeared before me an acting justice of the place in and for Monroe County Ala. is the J. Simpkins and J. E. Feagin and being duly sworn testifies that the above statement of John J. Middleton is                           , that they knew he had the horses above stated, and they live about one mile from said petitioner, and knew that they were taken from him at the time the place where stated and from every circumstance [stat]ted, to the best of their information and beliefs, and willing to testify that they were taken by Soldiers under command of Genl. Smith.

            Sworn to and subscribed before me on 26 May 1871.

                                                                    John J. Simpkins

                                                                    J. E. Feagin

                                                                    Joel Hardee, J.P.
 

State of Alabama }

Monroe County }

I,  M. W. Simmons, Notary public in & for Monroe County and State of Alabama do hereby certify that Joel Hardee, whose name is signed to the forgoing instruments is an acting Justice of the peace in and for Monroe County Alabama and his acts are entitled to full faith and Credit.

                                            This 6^th day of June 1871.

                                            (signed) M. W. Simmons, N. P.

    One of this claimants witnesses says "I was off in the army three years one month & 19 days." + + "I went into the army the 2^nd day of April the second year of the war." It appears from this that he served until the 21^st day of May 1865. He also says "I was a Union man at the commencement of the war and all of the time." He entered the army before the first conscript law was passed so must have volunteered. It will be perceived that the opinion of such a witness entertaining such a notion of constitutes a Union man is utterly worthless & when he says of the claimant "I know the he was a strong Union man" the statement is entitled to no weight whatever. It is very evident that this claimant was just exactly such a Union man as this witness for he was also in the Confederate army from the fall of 186__ until the 2^nd day of May 1865. He also took the oath to support the Confederacy. Mr. Middleton may have been a Union man according to the standard of Monroe Co., Ala. but he served too long as a solder in the Confederate army for a ‘loyal adherent to the cause & the government of the United States."

                                        The claim is disallowed.

                                        A. O. Aldes                           } Commrs