Valley Southern Claims Commission Papers



Southern Claims Commission: Claim of John H. Bates, September 5, 1872, Claim No. 16,245

Summary: David Myers, administrator of the estate of John H. Bates of New Hope vicinity, Augusta Co., Va., filed this claim September 5, 1872, claiming that Union troops confiscated a horse valued at $175 from said Bates, who died in 1865. Additional testimony was supplied in 1878; the claim was disallowed (date of disallowment not given).

Items Claimed:

Item Claimed: Amount Claimed: Amount Allowed: Amount Disallowed:
One horse $150 0 $150


Claims Summary:

My name is David Myers, my age 54 years, my residence near New Hope Augusta, in the State of Virginia, and my occupation a Farmer; I have a beneficial interest in the claim as Adm'r of the estate of Jno. H. Bates Est.

John H. Bates was a resident of Augusta Co. Va. He died in 1865 & Mr Myers was appointed adm'r of his estate & filed the petition claiming pay for a horse taken from Bates - The testimony to establish decedents loyalty is all general & very weak - Testimony taken by our agent establishes the fact that Mr. Bates was during the war constable & deputy sheriff & at one time received the appointment of overseer of the poor - These offices were not at that time in Virginia conferred upon adherents of the Union cause - The claim is disallowed

A.O. Aldis
O. Ferriss
Comrs of Claims


Testimony: David Myers

John H. Bates died in Augusta in September 1865 and left no will. I qualified as Administrator of his estate in the year 1865 - I do not remember the exact date. He left a widow and one child by his last wife and four children by two former wives. I believe all the children are living. I had known the deceased for twenty years prior to his death and was intimately acquainted with him during the war. I lived about a quarter mile distant from him and saw him pretty much every day. I talked with him about the cause and progress of the war. I know his political sympathies and opinions, by his conversations had with me. He always expressed himself in favor of the Union cause and expressed himself very bitterly against the rebellion. I heard him frequently express the wish that the Union armies would subjugate the South. I was a Union man during the war and the claimant so regarded me. I knew his general reputation of loyalty. It was that of a Union man. All parties considered him a Union man. His loyal neighbors regarded him a Union man. I don't know that he was ever molested or threatened on account of his Union sentiments. I never knew him to own any Confederate Bonds, or to contribute in any way toward the financial credit of the Confederacy. His assistance rendered Union refugees and his language used in my presence in dissuading persons from service in the Confederate army, would have rendered him unable to prove his loyalty to the Confederate government if it had succeeded in maintaining a separate existence.

The witness is here examined by the Com. as to the value of the horse charged.

I don't know anything about the taking of the horse charged. The horse was an iron gray horse five years old, in very fine condition - he was a fine saddle horse and was worth $175. I knew the horse well.

Further deponent saith not.

David Myers


Testimony: Isaac S. Myers

Isaac S. Myers, witness to prove loyalty of John H. Bates, deceased, being affirmed and examined by the Com'r says:

I am 40 years old and reside in New Hope, Augusta County, Virginia. I am a farmer. I am not related to the deceased and have no interest in this claim. I had known the deceased for twenty five years previous to his death. I was intimate with him during the war. I lived about a mile and a half from him, and saw him once a month during the war. I talked with him frequently in regard to the cause and progress of the war. I knew his political sympathies and opinions. They were in favor of the Union. I knew so from his conversations. I do not remember of hearing him speak in the presence of others, but I have no doubt that I did so hear him, as he was an outspoken man. I knew his reputation in the community. He was regarded a loyal man generally. He was so regarded by his loyal neighbors. I never knew him to be molested or threatened with injury on account of his Union sentiments. I never knew him to own any Confederate Bonds. I never knew him to aid or assist either army in any way. His general reputation in the community for loyalty would have prevented him from proving his loyalty to the Confederate government had it succeeded in maintaining a separate existence.

Further deponent saith not.

I.S. Myers


Testimony: Samuel P. Garber

Samuel P. Garber, witness to prove property taken, being affirmed and examined by the Commissioner says

I am 25 years old and reside near New Hope, Augusta County, Virginia. I am a farmer. I am not related to the clt. and have no interest in this claim. I saw Gen. Hunters Army take a horse belonging to John H. Bates on the 6th June 1864. The horse was at my mother's barnyard when he was taken. The soldiers took the horse. There was no officer with them - that I saw. My mother's horse was taken at the same time & she told the soldiers that they aught not to take the horses. They said they wanted Mr. Bate's horse for artillery use and that the horse would be paid for the horses. It was an iron gray horse. He was a young horse and a very good one. He was worth $165. The soldier did not say anything about any receipt for the horse - they seemed to be in a hurry and soon moved off. The army was then moving toward Staunton Va. A battle had been fought the day previous.

Further the deponent saith not.

Samuel P. Garber


Testimony: John D. Garber

John D. Garber, witness to prove property taken, being affirmed and examined by the Commissioner, says:

I am 22 years old and reside in New Hope, Augusta County, Virginia. I am a farmer. I am not related to the claimant and have no interest in this claim. I saw General Hunter's army take a horse belonging to John H. Bates in the month of June 1864. The horse was at the widow Garber's barn, and with her horses. The soldiers came and got the horse and led him away. I did not see any officer with them. They said they wanted to use the horse for the artillery. They said they had a fight the day previous and their horse had broken down. They said the horses would be paid for. They did not say anything about giving a receipt for the horse. It was an iron gray horse - a young horse - in good condition and was worth $160 or $170. Further deponent saith not.

John D. Garber


Testimony: Robert C. Davis

Deposition of Robert C. Davis taken at New hope Augusta Co. Va. May 18th 1878 by and before Jno. S. Smith Special Commissioner

Robert C. Davis being duly Sworn Says. I am here to testify for the government. I am 34 years old. I now reside in New Hope Augusta County V.A. I have lived here eighteen years. I was born & raised in this neighborhood. I knew John H. Bates mentioned & referred to in Claim No. 16245. I knew him all my life. before the war John H. Bates was a Constable here at New Hope in Augusta County and during the war. he lived here at New Hope all the time. he was a Constable here during the war & done the duties of the office. he was overseer of the Poor in & for the Magisterial dist in which New Hope is located during the war. he done the duties of that office. he was a deputy Sheriff in this Country during the was most of if not the whole time, and he done the duties of that office. I knows David Myers. John H. Bates is dead & Myers is administrator I know that the person I have referred to as being constable overseer of the Poor & deputy Sherriff is the Same John H. Bates for whose Estate David Myers is administrator & who made the claim in this case. I was present at the Election when the vote was taken here on the notification of the ordinance of Seccession. I do not recollect Seeing John H. Bates on that day. I do not know whether he voted or not on that question.

Subscribed & Sworn to Robert C. Davis before me May 28th 1878

Jno. S.Smith
Special Commissioner


Testimony: John S. Scott

Deposition of John S. Scott taken at New Hope Augusta Co. V.A. July 28th 1878 by and before Jno. S.Smith Special Commissioner

John S. Scott being duly Sworn Says. I am here to testify for the Government. I am 31 years old. I reside at New Hope Augusta Co. V.A. I have always lived here. I was well acquainted with John H. Bates. he lived here during the entire War & before he married my Aunt. Bates is dead. David Myers is administrator of his Estate and made the claim in this Case 16245 during the war. John H. Bates on whose behalf this claim is made, was overseer of Poor in this district & done the duties of the office. he was a constable in this district at the same time & done the duties of that office. he was a deputy Sherriff for Augusta County V.a. during the same time. I know that the John H. Bates for whose estate David Myers is administrator was the Same person who held the office of Over Seer of poor, Constable & deputy Sherriff & done the duties of each of those offices during the war. I do not know whether Bates voted at all on the question of Secession.

John C. Scott

Subscribed & Sworn to before me July 28th 1878

Jno. S.Smith
Special Commissioner


Testimony: United States War Department

In the matter of the Claim
of
David H. Myers, admin.
of John H. Bates

No. 16245

Robert C. Davis testifies - knows David Myers & knew John H. Bates - Bates is dead & Myers is administrator - John H. Bates lived at New Hope all the time during the war, he was a constable & done the duties of the office during the war, he was overseer of the poor & done the duties of that office during the war - he was deputy Sherriff & done the duties of that office during the war. does not know whether he voted on the question of Secession, does not recolect Seeing him on that day. John C. Scott testifies - knows David Myers knowd John H. Bates. Bates is dead & Myers is administrator for John H. Bates married an Aunt of Witness knows that John H. Bates on behalf of whose estate this claim is made, was a constable, overseer of Poor & a deputy sherriff of Augusta County during the war & done the duties of each of those offices, does not know whether Bates voted at all on question of Secession.

This claim ought not to be paid. John H. Bates was disloyal.

Respectfully Submitted

Jno. S.Smith
Special Agent

To Hon Claim Com
Washington
D.C.


Testimony: United States War Department

ARCHIVE OFFICE,
War Department,
January 31st, 1874

Book 2, Letters Sent, page 471.

Case of John H. Bates (Est) of Augusta Co. Va.
(No.16245)

This claimant's name is found of petition of Citizens of Augusta Co. Va. for the discharge of one Z. T. Wood a shoemaker who has a suffering family & whose services are desired in said county.

(W.D.L. 1862 B No.56 he files)

[I want to enquire as to loyalty - F.
Bates name not on the Poll list-]


Testimony: United States War Department

Archive Office,
WAR DEPARTMENT,
May 31st, 1875

Book 3 letters Sent, page 110

Case of
John H. Bates Augusta County Virginia

August 28, 1866

A man of the above name was exempted from Military duty and appointed overseer of the poor he was also constable and deputy Sheriff of the County of Augusta

See book marked Executive Journal of Va. Nov 2nd 1861 to April 1st 1865 Page 275


Testimony: United States War Department

16245

Archive Office,
WAR DEPARTMENT,
May 29, 1874

Book 3 Letters sent, page 19

Case of John H. Bates, Augusta Co. Va.
David Myers, admin.

This name is on petition of citizens of the counties of Augusta & Rockingham Cos. Va. asking the exemption of J.w. Watson from the military service in order that he may continue his business.

(W.D.L. 1863.W.37.In file)

Ferriss


Testimony: David Myers

David H. Myers admin of John H. Bates

New Hope, Augusta Co. Va.

David Myers 42 in 1861, farmer, testifies that Bates died in 1865 and left no will. He left a widow and one child by his last wife and four children by two former wives - they are all living. Was intimately acquainted with claim- decedent during the war - saw him pretty much every day. He always expressed himself in favor of the Union cause and expressed himself very bitterly against the rebellion. Heard him express the wish that the Union armies would subjugate the South. All parties considered him a Union man. Don't know that he was ever molested or threatened.

John H. Bates was appointed overseer of the poor and he was also constable and deputy of sheriff of Augusta Co. Va.

Did he vote, if so, how?

Witnesses = Isaac S. Myers - Saml. O. Garder - John D. Garber

The claim is for a gray horse $150


Testimony: Thomas S. Hargest

The foregoing depositions were taken and subscribed before me at the time and place stated in the caption.

Thos S. Hargest, Special Commissioner


Bibliographic Information : Southern Claims Commission: Claim of John H. Bates, September 5, 1872, Claim No. 16,245, Source copy consulted: National Archives, Washington, DC, fiche # 4041.



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