Case of William Davis, Deposition A & C

by pat jones

in Legal

Submitted by Don Davis, he writes;

I wish to inform people who visit this site about who we are and where we come from. The second purpose of this information is to find out more information about our genealogy.
I want to pass a little knowledge on and to gain a little back. Our hope is to eventually be able to tell the story of the Davis family of Wayne County W.V. Stonewall District and Scott Co. VA.

William’s three brothers who served with him in the Civil War are Lewis, David and John Davis. I am sending a couple of documents ti prove what I’m saying is true. I would like to find the parents of Samuel Davis. Email me at ddavis992@woh.rr.com

William served in the 2nd Virginia Stateline troops, Company H Confederate then served Company B 45th Kentucky Mounted Infantry. William deserted April 9, 1864, returned to duty by General Burbridge with loss of pay while absent. William married Sarah E. Clarke.

Don Davis

The following documents have been transcribed verbatim (if you see any typos please let me know) from copies of legal depositions submitted by Don Davis. I transcribed them to make them more visible to search engines like Yahoo and Google (which is how most of you get here!). I have also posted scanned images of the copied records sent to me by Don. View copies of these documents at the end of the Deposition A. Click on the icons to see a larger version and then, depending on which browser you use, you may be able to click on the image again and then read it pretty well. Also, see Deposition C after the image icons. ~ Pat


N.B. – Examiners should be particular to have affiants sign on the line next below the closing words of their depositions so as to leave little or no space between their signatures and the end of their depositions.

(3-456.)

DEPOSITION A

Case of William Davis, No. 484.753

On this 19″ day of July, 1899, at near Nestlow, County of Wayne State of WVA, before me, Wayne W. Cordell, a Special Examiner of the Pension Office, personally appeared William Davis, who, being by me first duly sworn to answer truly all interrogations propounded to him duringĀ  this Special Examination of afore-said pension claim, deposes and says:

I am 65 years of age. I have resided within 4 miles of this place since I was 13 years of age, My postoffice address is Nestlow, Wayne Co., WVA. Occupation farmer. I forgot on year I was in Mo. That was in 1855. I was enrolled into Co. B 45 Ky. vol. Inf. July 24, 1865 and was mustered out December 21, 1864.

Q. Did you have any other military service.
A. I was with the Rebels in the Fall of 1862 and was with them until about March 1863.
Q. Under what circumstances did you join them.
A. I went over on Guion river, near the Mouth of four Mile, on business I met Mat Harris and a squad of Rebels. No, I did not go to meet him. He said he wanted me to join his company. He said I would have to. I told him I would “not rather” join that I would like to stay at home.
Q. Did he make any threats against you.

Page 6 Deposition A

Page 7

A. I don’t know that he did in particular only that he said I would have to go in. He then said over an oath swearing me in; but I did not take it freely.
Q. Did you make any protest against taking an oath
A. I told him I would rather not, that I would rather stay at home. I was afraid to tell that I was a Union man.
Q. How many men did he have with him.
A. About ten.
Q. Can you name some of them.
A. I can not at this time. About 2 or 3 weeks after I enlisted while we were at Logan, WVA, I left the company and went home. I was at the home three or four weeks. They sent James Collins and Jake Merrill after me. They came and told me that I had to go. I went with them.
Q. Did you give them any reason for deserting your command.
A. I don’t know that I did.
Q. What did your officers say to you when you went back.
A. Capt Harris said something but I do not recollect what it was. A short time after my return – 3 or 4 week – my brothers Lewis, John and David and I slipped away from from the command and got about 20 miles away when we were over-hauled and taken back by four rebels.
Q. Why did you four not resist them.
A. We had no arms. No sir, I do not think I had any arms while with them excepting a few times while in camp.
Q. What did the do with you when they took you back to camp the second time.
A. We were put in a guard house, and kept there nearly a month. They began breaking up about that time. Very soon afterwards, I put me in a little crop and then joined the Union forces. The service named is all I ever had. Since you name it I believe my service was in Co. H, C.S.A.
Q. Did you ever insinuate to Capt. Harris that you did not voluntarily enter his company.
A. I don’t know that I did. I was afraid to. Yes sir, Jack Hall was with us in the Confederate service and afterwards joined us for the Union, He carried a gun for the Rebels I think. I do not know whether he would know that I was a Union man or not.
Q. Capt Harrison says you give your service voluntary while in his company. What have you to say to that.
A. I never told him any better. I was afraid to. I was scared into giving the Rebel service I give. I was afraid of life. A large majority of my neighbors were Rebels. I always was a believer in the

Page 8 Deposition A

Union. I voted against Secession in 1861. No, I didn’t, but I was against it. I do not care to be represented by an attorney at the examination of my claim but will be present when all the witnesses are examined in this neighborhood. I am pensioned at the rate of $6.00 per month under the old law. I desire to be reinstated to $12 per month under the act of June 27, 1890 which sum I was drawing when the same was terminated on account of alleged Rebel Service. I have heard your questions and have been correctly recorded.

William Davis
Deponent

Sworn to and subscribed before me this 19 day of July 1899, and I certify that the contents were fully made known to deponent before signing.

Wayne W. Cordell
Special Examiner

Page 9 Deposition A



(3-446.)

DEPOSITION C

Case of William Davis, No. 484.753

On this 19″ day of July, 1899, at near Nestlow, County of Wayne State of WVA, before me, Wayne W. Cordell, a Special Examiner of the Pension Office, personally appeared James E. Collins, who, being by me first duly sworn to answer truly all interrogations propounded to him duringĀ  this special examination of aforesaid pension claim, deposes and says:

I am 60 years of age; my post-office address is Nestlow, Wayne Co. WVA. Occupation – farmer. I have resided in this vicinity pretty much all my life.
I have been acquainted with the claimant about 45 years.
I was a private in Co. H (Capt Hendrick Company) 16th Va. Cav. C. S. A. during the war of the Rebellion.
I think I enlisted about the Fall of 1862 and mustered out, ???, in the spring of 1865.
Q. Where was you company stationed when you joined.
A. I enlisted at Wayne Co. WVa . I then went to Charlestown, WVa and staid about 6 weeks.
Q. Was you at Logan Co. WVA during your service.
A. I was there three or four times.
Q. Were you stationed with Mat Harrion’s Va. State Line troops while there.
A. I was with them once or twice but forget where we were located.
Q. Do you remember going with J. W. Merritt to bring the claimant William Davis back to his command on one occasion.
A. Yessir I do. We were detailed to go after him.

Page 14 Deposition C

Page 15

I do not remember any of the circumstances but my impression is that the claimant did not want to go back.
Q. Were the sentiments of the claimant for or against the Union.
A. He was for it. He was against the Rebellion all the time. He was considered a Union Man in this Community. The understanding was that he had gone into these State Line troops through fear.
I am not related to the claimant.
I have no interest in this claim or its prosecution. I have heard your questions and have been correctly recorded.

James E. Collins
his X mark
Deponent

William Davis
J. W. Merritt
Witness

Sworn to and subscribed before me this 19 day of July 1899, and I certify that the contents were fully made known to deponent before signing.

______________
Special Examiner

{ 2 comments… read them below or add one }

pat July 5, 2009 at 9:20 pm

Thanks Don, for your contribution and your donation!

Reply

goods May 6, 2013 at 8:51 pm

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