Summary: John Wine, Jr. filed this claim in 1879 for $400, claiming General Torbit's Union troops took 10 cattle in 1864. John was a 50 year old farmer who resided near New Hope. After his exemption for furnishing goods to the Confederate Army was revoked in October of 1864 he crossed through to Union lines and stayed in Illinois until July of 1865. The claim was disallowed.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 10 Cattle | $400.00 | $0.00 | $400.00 |
Claims Summary:
Claimant swears that he did not vote for the adoption of the Ordinance of Secession, but the Record of the Election shows that he did vote for the adoption of the Ordinance of Secession. It also appears from his own testimony that he voluntarily furnished a substitute before the Conscript Law was enacted, and that after that he got a detail as a Farmer in the service of the Confederate Govt. We reject the Claim.
AO Aldis, JB Howell, O. FerrissComm. of Claims
Testimony: John Wine, Jr.
Ques. 2. Ans. My residence then was at the same place where I now reside. I never changed my residence. I was then and still am the owner of the farm upon which I reside. I had at that time about 150 acres of cleared land and 90 acres in timber, situated in Augusta County, about three miles S.E. of New Hope on South River. I farmed all the time.
Ques. 3. Ans. I did at no time pass the U.S. lines either Military or Naval and enter the rebel lines.
Ques. 4. Ans. I never took any oath of allegiance to the so called Confederate States.
Ques. 5. Ans. I took an amnesty oath at New Creek Station in W.Va. in 1864 being forced to leave my house or go into the rebel Army.
Ques. 6. Ans. I never was in any way connected with the civil service of the Confederate States.
Ques. 7. Ans. I never held any office, or place of trust or honor in the Confederate governments or in any State or territory.
Ques. 8. Ans. I held no clerkship, agency or employment of any kind, under or for the Confederate government or army.
Ques. 9. Ans. I never was in any capacity in the Military or Naval service of the so called Confederate States, State or territory.
Ques. 10. Ans. Never was an officer or soldier.
Ques. 11. Ans. I never was in the State Malitia while subordinate to the Confederacy.
Ques. 12. Ans. I never belonged to any home guard or vigilance committee of any kind whatever.
Ques. 13. Ans. I was not conscripted.
Ques. 14. Ans. I furnished no substitute.
Ques. 15 & 16. Ans. I was never employed on any Railroad nor aided in the transportation of soldiers or any thing else for the aid and benefit of the Confederacy. Nor in the Quarter Masters department, or any department at all of the government, Military or Naval of the Confederacy.
Ques. 17. Ans. I never had charges at any stores or supplies for the use of the Confederate Army, navy or government. I did not have charge of any trains, teams, Wagons or any thing at all.
Ques. 18. Ans. I never was in any service employment or business of any kind what soever for the Confederate government or in aid of the rebellion or of any of its agencies. I never give any information.
Ques. 19. Ans. I never was engaged or employed in the manufacture of any article of any kind for the use of soldiers, Army, Navy or government of the Confederacy.
Ques. 20. Ans. I never was directly or indirectly employed, in collecting, immpressing, purchase or sales of stores or supplies for the benefit of the rebellion. I had no contract or share in any contract for any aid or benefit of the rebellion.
Ques. 21. Ans. I was not engaged in blockade running or illicit traffick or intercourse between the lines or share of goods wares or of any thing brought into or exported from the Confederate States during the war.
Ques. 22. Ans. I went through the lines the last of Oct. or first of Nov.r 1864. I went to the State of Illinois. I went because I was determined never to fight against the Union. I was absent about nine months. I was a laborer on a farm. I returned in July 1865 to my residence in Augusta County.
Ques. 23. Ans. I never owned in whole or part any boat or vessel.
Ques. 24. Ans. I never was arrested by either government.
Ques. 25. Ans. The Confederate authorities took three of my horses, after I left my home and gone through the lines. I never received any pay.
Ques. 26. Ans. I was threatened with injury to my property this was in 1864 and by persons named Kennerly. There was no damage done however.
Ques. 27. Ans. I never was molested.
Ques. 28. Ans. I never contributed to aid the Union Cause.
Ques. 29. Ans. I had no opportunity to do anything.
Ques. 30. Ans. I had none nearer than a cousin. I funished him nothing at all.
Ques. 31. Ans. I never owned a Confederate bonds or had any interest or share in any or any loans. I never did anything unless compelled to support the credit of the Confederate states or the rebellion.
Ques. 32. Ans. I never give aid or comfort to the rebellion.
Ques. 33. Ans. Never made a raid of any kind or any purpose or engaged in the destruction of any property of the United States.
Ques. 34. Ans. I never held in custory any persons of any kind or for any purpose.
Ques. 35. Ans. I belonged to no society or association of any kind or for any purpose.
Ques. 36. Ans. I never was paroled.
Ques. 37. Ans. I never held an office nor educated in any Military or Naval School.
Ques. 38. Ans. I never had a pass.
Ques. 39. Ans. I was under no disabilities. I have held no office since the war.
Ques. 40. Ans. I sympathised with the Union Cause. My feelings were always in favor of the Union. My language always emphatic against the rebellion. I did not vote for the ratification of the ordinance of secession. After the ordinance passed I was still for the Union and since have voted with the Union party.
Ques. 41. Ans. In conclusion, I do solemnly declare that from the beginning of hostilities against the United States to the end thereof, my sympathies were constantly with the the cause of the United States, and that I never of my own free will and accord, did anything, or offered or sought or attempted to do anything, by word or deed, to injure said cause or retard its success, and was at all times, ready and willing when called upon, or if called upon, to aid and assist the cause of the Union, or its supporters, so far as my means and power and the circumstances of the case permitted.
Taking of the property by same I was not present when the cattle were taken and will have to rely upon the testimony of those who were present and saw them taken, viz. Jacob Koiner and Sampson Pelter. The Cattle were ten in number on a grazing farm about 8 miles from my residence. There were seven Steers and three spayed heifers, nearly four years old, fat and of large size. They were fit for any market. I think they would have grossed from 1050 lbs. to 1200 lbs. each, and worth in gold forty dollars a head. They were taken in October, 1864. I made no effort to obtain a receipt. The Army was in command of Genl. Torbit and camped at Waynesboro but had probably had left there before I heard of my cattle being taken.
John Wine Jr.
Testimony: Jacob Coiner Jr.
Deposition of Jacob Coiner Jr.
Ans. to 1stgenl. question.
My name is Jacob Coiner jr. My residence near Waynesboro a farmer by occupation and my age is 44 years. I am not related to the claimant and have no interest in his claim.
I was present and saw the cattle taken from the grazing farm of Mr. Yount, but at the time did not know whose cattle they were, but supposed they belonged to Mr. Yount. I was under arrest at the time. They were driven out of the field and taken in the direction of Waynesboro a distance of about three miles. I do not know that they were taken to Waynesboro but suppose they were as the Army was then in Camp at that place. I suppose there were not less than one hundred soldiers engaged in taking the cattle. I suppose they were taken (at the farm) about one hour. There was a man from Rockingham, a prisoner, but whose name I do not remember present at the time. I do not remember of seeing Sampson Pelter.
I heard the name of Sargeant Joice called by a superior officer and ordered I think to take charge of the Cattle. I heard nothing said as to what they wanted the cattle for. I did not see the cattle after they left the farm. I would suppose from the condition of the cattle they were killed for beef. There was no one to make complaint. The claimant lived some four or five miles from the grazing farm. I know of no receipt at all. I did not hold any conversation with officers or soldiers nor heard any in relation to taking the cattle.
They were taken in the day time. I suppose one or two oclock P.M. There was no concealment in taking the cattle. The Army commanded by Genl. Torbett was then in camp at Waynesboro I think They left that night I dont think they remained in camp over a day & night. I never heard the name of any Quartermaster. There had been no battle or skirmish near that I recollect of. The cattle were in good beef order. I do not know the age of the cattle but suppose 3 1/2 yeas old. From my recollection of the cattle I would suppose they were worth forty dollars a head. I suppose they would have grossed ten or eleven hundred pounds each. I have not conversed with the claimant as to the value of the cattle.
Jacob Coiner Jr.
Testimony: Sampson Pelter
Deposition of Sampson Pelter
Ans. First general question.
My name is Sampson Pelter, my age is 38 years. I reside near Waynesboro, Va. my occupation a farmer. I am not related to the claimant and have no interest in the claim.
Ques. 1. Ans. I was present and saw the property charged by the claimant taken. There were ten head of cattle. I think the most, if not all were steers. They were taken from the grazing farm of Jno. Yount where the claimant had them grazing. The ten head were driven off at the same time.
Ques. 4. Ans. I do not know where the cattle were taken, nor do I recollect the time they were taken by the Army in command of Genl. Torbit. It was in the fall of 1864, I think, probably the month of October. I suppose there were 150 or 200 soldiers engaged in driving the cattle off. They were at it, not longer than was necessary to get the cattle together and start them.
Ques. 5. Ans. I was alone at the time, but there were others, not far distant. Mr. Jacob Koiner, and two others who are now dead.
Ques. 6. Ans. There were officers present, Captains and Lieutenants, I heard no names of Officers or regiments. I heard no orders given. When the Cattle were driven up to where the Officers were standing they then moved off taking the Cattle with them. But little was said. The cattle were driven off by the whole company of Soldiers present.
Ques. 9. Ans. The Cattle were started in the direction of Staunton, I did not follow and do not know where they were taken.
Ques. 10. Ans. I do not know what use they made of the Cattle, as I never saw them after their removal from the grazing farm.
Ques. 11. Ans. There was no complaint made by any one. No voucher or receipt asked for or given.
Ques. 12. Ans. There was no conversation that I heard. I had none and was alone.
Ques. 13. Ans. The Cattle were taken in the daytime, I suppose between 10 A.M. & 2 P.M. There was no secrecy shown at all but taken as though they had right to do so. The Army was encamped at Waynesboro about three (3) miles distant from the grazing farm. The Army was in Command of Genls. Torbit & Wilson. I think they remained in their Camp some two days and nights. There had been no battle or skirmish near there. I did not hear the name of any Quartermaster.
Ques. 15. Ans. The ten Cattle were large and fat. I do not know their age, but they were all big heavy cattle and fat. I reckon from my knowledge of the cattle, that they were worth between forty and forty five dollars a head, and would have readily brought forty dollars. I have never talked with the claimant about the value of the cattle.
Sampson Pelter
Testimony: Jacob W. Zirkle
Deposition of Jacob W. Zirkle
Ans. to first general question.
My name is Jacob W. Zirkle, my residence near New Hope, Augusta County, my age is 62 years and a farmer by occupation. I am not related to the claimant and have no interest in the claim.
I have known the claimant about twenty two years. I resided about 1 3/4 miles from him during the war. I was very intimate with him during that time. I suppose I saw him once a week until he went through the lines, which was in 1864. We conversed about the war nearly every time we met and rejoiced over all victories of the Union Army. I always found him bitterly opposed to the rebellion, and always maintained that he never would take up arms against the Union. That he would leave his home and go to the north, if forced to do so. I do not recollect of talking to him in the presence of others. His Union neighbors all had full confidence in his loyalty to the United States and the Union cause. I do not believe he ever contributed or done anything voluntarily in aid of the rebellion. He never owned any Confederate bonds that I know or heard of. My own sympathies were with the Union, and as such I always felt that I had the full sympathy of the claimant. His conduct throughout proved him an honest and sincere adherent of the Union and its cause.
Jacob W. Zirkle
Testimony: Jacob Coffman to prove loyalty
Deposition of Jacob Coffman
Ans. to first Genl. question.
My name is Jacob Coffman, my age is 44 years. I reside near New Hope. I am a farmer by occupation. I am not related to the claimant and have no interest in his claim. I have known the claimant from boyhood. I lived the first two years of the War about four miles from and in 1863 I moved to about 1 1/2 miles from him. We were on very intimate terms of friendship. I saw him frequently and talked with him on several occasions about the war. He always expressed opposition to the rebellion, and said he would not fight against the Union. I was an adherent to the Union, and always felt free to converse with him on the subject of the war. The Union men of the neighborhood never doubted his true loyalty to the Union. I never knew or heard of his doing anything in aid of the rebellion. He went through the lines in 1864 and did not return until after the close of the war.
Jacob Coffman
Testimony: John S. Smith U.S. Special Agent
In the matter of the Claim of John Wine, Jr. No. 18728
In this case, I submit the claimants own deposition only. I find that in the beginning of the war, before there was any conscripting done here, claimant hired a Subsitute & put him in the Confederate Army, the claimant at the time was not liable to be conscripted. That in 1863 when they commenced conscripting men, So that he was liable, he got himself detailed a farmer, that the deatil was made out & signed by a Confederate official at Staunton. That he delivered all & everything he made in 1863 to the Confederate Governemnt, except what he eat & that he delivered a number of Head of cattle to the Confederate Government in 1863. That at the end of 1863 he was again detailed as a farmer, & delivered all he made on his farm in 1864 to the Confedeate Government & also delivered a number of head of cattle in 1864. That they never paid him anything, he never asked for pay, never attempted to get pay, did not expect pay. That he gave it to them. That in 1862 he furnished a span of horses to Confederate Govt. & got paid for them & that in 1864 they got another Span & did not pay him. That he left in 1864 in Oct. because the Confederate officers refused to renew his detail as a farmer. That if they would have renewed it he would have continued working his farm for the Confederate Government the same as he had done. That he did not want to go into the Army. That it was too dangerous work for him, (not out of Sympathy for the Federal Government) That he knows, that when he was detailed as a farmer, he was much in the Confederate Service as though he was in the Army. That he testified in his original papers, "that he was not in any way connected with the Confederate Service" That the two Statements are inconsistent that one is untrue, I find that his present Statement is true. That being so I find that the Cattle charged in the account in this claim belonged to the Confederate Government.
After deliberation, I cannot find that the claimant is entitled to be paid. The claim ought not be paid. Respectfully Submitted to Hon ClaimsComs.
Jno. S. Smith
Washington, D.C. Special Agent
Testimony: John Wine Jr.
Deposition of John Wine Jr. taken at New Hope Augusta County Va. February 27th 1878 and before Jno S. Smith Special Commissioner
John Wine Jr. being duly Sworn Says, I am here to testify for the Government. I am 50 years old. I reside on South River, Middle River Township. I have lived there about twenty years, lived there before and during the war. My claim in this case is for Ten head of Cattle. I lost them I think in 1864. I did not See them taken & do not know what became of them only what I have been told. These cattle were on a Mountain farm that belonged to my Father-in-law, two miles from Waynesboro that is three niles from the residence of Samson Pelter and two miles from Jacob Coiner Jr. Think Jacob Coiner is about my age this farm lays South East from them, there was not & is not any road runs to this Mountain farm, that passes any where near the house of either of these men. Jacob Zirkle lived about two miles from me during the war. he is not related to me. Jacob Zirkle was not a Confederate during the war. There were Some Confederates here during the war. The Jacob Coffman who is a Witness on my papers is young Jacob think he is near fifty-years old he lived about three miles from me. I had a good many neighbors nearer than that at the time when these papers were made to part in this claim, my father was living, his name was John Wine, my name was John Wine Jr. This claim is my own & was mine when it was made. I was a Witness when this claim was made out. I signed my mame John Wine Jr. This claim was made in the name of John Wine because it was his stock that was taken. These cattle did not belong to my father, they belonged to me. My father did not have any interest in these cattle. I cannot tell why this claim purports to be made by him. I lost these cattle in the fall of the year 1864. I was at home when these cattle were taken. I went to Illinois in Oct 1864, These cattle were last before that. In the beginning of the war I hired a Substitute and put him in the Confederate Army, I done that before there was any Conscripting done here. I was not liable to be conscripted. In 1863, when they commenced conscripting men so that I was liable, I got detailed as a farmer, the detail was made out & signed by a Confederate official at Staunton, What detailed famers made on their farms, belonged to the Confederate government, except what they & their famalieseat. I delievered all & everything I made in 1863 to the Confederate Government except what I eat. I delivered every bit of it to them. I delivered a number of head of cattle to the Confederate Government in 1863. My detail was renewed at the end of 1863 for the year 1864 and I delivered all I made in 1864 on my farm to the Confederate Government, the Same as in 1863. I delivered a number of head of Cattle to them in 1864, cant recolect the Confederate Government never paid me for this property. I never askd for pay. I never attempted to get pay any way. I did not expect pay for it. I gave it to them. I had the ten head of Cattle charged for dairy the whole Season of 1864. I had them hid up in this Mountain pasture. I sold a Span of horses in 1862 to the Confederate Government, delivered them to Mike Holman Harmon a ConfedQ.M. at Stanton. I Sold & delivered them voluntarily they paid me for the horses, and in 1864 the Confederates got an other Span of horses from me. They took them I did not Sell them. I left here in Oct. 1864 because the Confederate officers refused to renew my detail as a farmer. If they would have renewed my detail as a farmer I would have kept on working my farm for the Confederate government the Same as I had done. I did not want to go in the Army, it was too dangerous work for me. I know Dr. J.S. Myers, he lived at Waynesboro, Augusta Co. I do not recollect of having signed a petition at any time during the war asking that Myers be discharged from the Confederate Army. When I was detailed, I was in the Confederate Service & aiding the Confederate Cause as much as though I was in the Confederate Army. I know that. I do not recollect whether I took the Oath of Allegiance to the Confederate Government the Statement I have made to day in relation to my being in the Confederate Service is true. I do not recollect that I testified when the testimony was first taken in this case, "that I was not in any way connected with the Confederate Service" If it so appears in the papers it is a mistake. I never intend to Swear to any Such thing & did not know I had.
Subscribed & Sworn to before me Feby 27th 1878 Jno. S. Smith Speccial Commissioner
John Wine Jr.
Testimony: John Wine
John Wine. New Hope, Augusta Co.Va.
Claimant was 32 in 1861 and farmed his place of 150 situate 3 miles S.E. of New Hope on South River. Was not in any way connected with the Confederate Service. In Oct. or Nov. 1864 he went to Illinois as he was determined never to fight against the Union was absent 9 months, labored on a farm. Was threatened with damage in 1864 by persons named Kennerly. His sympathies and feelings were always in favor of the Union. Did not vote for the ratification of Secession.
John Wine of Augusta Co. signs petition asking for discharge of Dr. J.S. Myers for the military service to act as their physician. Say that "under the late call for volunteers all the physicians of their immediate neighborhood patriotically responded"
account
10 Cattle $400
Witness: John Wine, Jr., Jacob Coiner, Jr., Samson Pelter, Jacob W. Zirkle, Jacob Coffman.
Testimony taken by Harvey RiskSpl.Commr.
Testimony: United States War Department
WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE, April 22d, 1892.
Respectfully returned to the Department of Justice, by authority of the Secretary of War, inviting attention to the following report, viz:
There are on file in this office, three Vouchers signed John Wine, one sgd. John Wine Jr. and one in favor of John Wine Sr. (not signed) in Augusta Co. Va. for forage, and one signed John Wines, by his mark, at Throughfare Va. for services as laborer.
One John Wine of Augusta co. Va. petitioned for the discharge of a physician.
One John Wine of Blountville, Tenn. petitioned for the discharge of a doctor. Also, signed voucher for payment for forage. No further information found.
Wm Holkear Asst. Adjt. General
Testimony: United States Treasury Department
Treasury Department, Office of the Secretary. Washington, D.C., May 24, 1892.
The Honorable The Attorney General.
Sir: In answer to your request of the 9th ultimo, in the case of John Wine Jr., against the United States, No. 8611 Congressional, I have the honor to state that the name of John Wine Jr. appears in a copy of a list of those who voted for the ordinance of secession in Augusta County, Virginia, the original of which is presumed to be in the custody of the clerk of the court of said county.
Respectfully yours, Charles Forter Secretary
Bibliographic Information : Southern Claims Commission: Claim of John Wine, Jr., 1879, Claim No. 18728, Source copy consulted: National Archives, Washington D.C., RG 123 Congressional Jurisdiction #8611.
