Sunday, January 30, 2011

History of the Stewart House in Louisa, Kentucky

Hidden from view by a mighty boxwood hedge and an old fashioned wrought iron fence stands the Stewart House, built between 1846 and 1847, quite possibly the oldest structure still in existence in Louisa. Situated on Main Street in the downtown area, the large two-story house has stood the test of time. Nevertheless, the house has remained empty since the death of its last occupant, and, void of the loving human touch, is beginning to show its age and falling into disrepair.

Front Gate

Looking at the original plat map of Louisa, the Stewart House is situated on lots # 71/72, as part of a city block bound by Main Street, Lock Avenue, East Perry Street and South Jefferson Street, and formed by lots # 71 - # 74.

Louisa Plat Map
Location of the Stewart House.

The first documented owner of lots #71-74 was Richard Apperson (1799-1863), a well known lawyer from Mt. Sterling, Montgomery County, KY. Born in New Kent County, VA, Apperson settled in Kentucky in 1814/15, and began teaching school for several years, while reading law at the same time. He was licensed to practice in the Court of Appeals in 1823 and admitted to the bar in Richmond, KY where he pursued his profession until 1830. He then moved to Mt. Sterling, and represented Montgomery County in the state legislature for two terms and was a member of the 1849 Kentucky Constitutional Convention. Apperson held the original patent to a 2084 acres tract, originally surveyed by George Washington for one John Fry under the Proclamation of 1763, and granted in 1792, which was located on both sides of the Big Sandy River and included the present site of Louisa.

Ownership of lots #71-74 passed from Richard Apperson to Dr. Zattu Cushing, a medical doctor with entrepreneurial aspirations. It may be noted that he was the uncle of two well known Civil War heroes - Alonzo Hereford (Lon) Cushing, commander of the famed Cushing's Battery, who died during Pickett's Charge at Gettysburg, next to the artillery guns he refused to leave, and William Barker Cushing, one of the most daring Naval commanders of the Civil War. His two most famous acts were the nighttime raid and destruction of the formidable Confederate ram CSS Albemarle and his leading of the naval brigade in the assault upon Fort Fisher, North Carolina.

Dr. Zattu Cushing was born on December 7, 1802, at Paris, N. Y., the son of Zattu and Rachel (Buckingham) Cushing. His father was a pioneer settler from Plymouth, Massachussetts, who founded the town of Fredonia, NY. Dr. Zattu Cushing came to the tri-state area at an early time, possibly before 1820. He settled in Cabell County, Virginia and began operating a mercantile store near "The Islands of The Guyandotte", which is now Logan, Logan Co. WV. Here he went into partnership with Anthony Lawson, an English man from Longhorsby, Northumberland, and began buying and transporting the local farmers' produce down the Guyandotte River in push boats to other locals. By 1828, Cushing had moved to Gallipolis, Gallia Co. OH and married Mary A. Cushing, a native of Belpre, Ohio. He returned to the area after his wife's death and in 1838, purchased 400 acres of land on the Tug Fork of Big Sandy River from David Garrett. Cushing and his brother-in-law Edward Tupper, began operating a wholesale/retail store in Lawrence County, known as "Cushing & Tupper".

On May 30, 1840, Cushing and Tupper sold a tract of land on the Tug River in Wayne County, Virginia, to William Ratcliff, for the sum of $1500. Two months later, on July 2, 1840, Dr. Zattu Cushing married Nancy Ann White Smith, a daughter of Thomas and Rachel (Moss) Smith, at Louisa, Lawrence County, Kentucky, where the couple set up housekeeping. 1840 was also the last year that Cushing and Tupper operated their store. Cushing's brother-in-law returned to Zanesville, OH and Cushing took up practice as a medical doctor. He soon became also involved in local affairs. The "Kentucky State Register" for the Year 1847 lists Dr. Zattu Cushing as one of the physicians in Louisa, as well as a Justice of the Peace.

During this time period, Cushing's family grew steadily. On July 22, 1841, his wife Ann gave birth to Edward Narrette Cushing, who later became adjutant on Major General Sherman's staff during the Civil War. The next child to be born was Madeline Lamoine Cushing, on April 4, 1843.

According to tax lists, Zattu Cushing acquired lots #71 - 74 in 1846, valued at $300. The following year, this property was valued at $1500, indicating that Cushing had made improvements on the lots, building a house and barn on the property. His daughter Romaine Vinton Cushing, was reportedly born in the house on June 22, 1847, followed by Ada Byron, on Aug. 9, 1848, who died there the following year, on June 5, 1849.


In 1849, three slaves (one over 16 years old) became part of the Cushing household. This is an interesting fact, considering that Zattu's brother Milton Buckingham Cushing, who had died in Gallipolis, OH, in 1847, was regarded as one of the pioneers in the anti-slavery movement. At his funeral an eulogist said "...He was a conscientious and active antislavery man and gave liberally of this money, and his time and thought, to assist in bringing freedom to the colored race..."
In 1850, a 13 year old male slave was the only one who remained with the family. The small structure behind the main house may have served as quarters for Cushing's slaves.

Possible Slave Quarters

In the 1850 Lawrence County, KY Census, Dr. Zattu Cushing's family lived in HH # 916 and was enumerated as follows:
CUSHING, Z., 47 years old, Male, Doctor, $3000, b. NY
Cushing, Nancy A., 29 years old, Female, b. VA
Cushing, Nary, 9 years old, Male, b. KY
Cushing, M. L., 7 years old, Female, b. KY
Cushing, Romane V., 5 years old, Female, b. KY

Perhaps motivated by the death of his daughter Ada in 1849, Dr. Zattu Cushing made the decision to leave Louisa and move to Catlettsburg with his family. A decree by the Lawrence Co. KY Circuit Court enabled Dr. Zattu Cushing to acquire lots # 71 -74 from Apperson on Nov. 7, 1850 for $300, possibly the outstanding balance owed on the property by Cushing. On the same day, in turn, Cushing sold the same to James Lawson, the son of his former business partner Anthony Lawson of Logan Co. VA, for $3,000.

Lawson retained ownership of the house for the next 13 years but there are no indications that he ever lived in the house. Lawson, a surveyor, lived with his family on Island Creek, Logan Co. VA. His wife Matilda died on April 19, 1860 of consumption and left Lawson a widower with a number of teenage children to raise. When the Civil War began, the family was decidedly pro-Southern. One of the more prominent members was James' nephew Melvin B. Lawson, who had a gained notoriety during the Civil War as captain of the 5th VA State Line and captain in the 10th Kentucky Cavalry. He was also associated with "Rebel Bill" Smith's VA Battalion as captain and participated in raids in Floyd County and Pike County, KY, during the summer of 1864 and in a raid on Peach Orchard, Lawrence County, KY, in October 1864.

Early on in the war, perhaps due to the Southern sympathies of the owner, the house was commandeered by the Union Army and used as a hospital for the soldiers as well as to retain prisoners. The choice of this particular house may also have been a matter of convenience since Dr. Yates, regimental surgeon of the newly formed 14th KY Infantry, lived next door on one of the neighboring properties (lot # 82). It was also in close proximity to another building that had been converted into a hospital - the First Methodist Church on Main Street (lot # 86).

It appears that James Lawson moved with his family from Logan to Wythe County, VA during the war. On June 2, 1863, Lawson sold lots # 71-74 to John B. Carter, specifying that the purchase price of $1,200 was to be paid in Confederate money.

James Lawson to John B. Carter Deed, June 2, 1863

John B. Carter and his wife Lucretia retained ownership of the property until 1868 when the lots were conveyed to John J. Jordan who in turn sold them to George Carter on July 20, 1868. On the same day, Carter executed a title bond to Greenville McHenry who assigned the same to James E. Stewart, a lawyer living in Paintsville, Johnson Co. KY.

Stewart was born on Oct. 1, 1832 in Lawrence Co. KY, the son of Ralph J. Stewart and Emma America Canterbury. James E. Stewart read law with Judge James M. Rice and was admitted to the Kentucky Bar Association in late 1854. He moved to Paintsville, Johnson Co. KY on December 31, 1854 and opened a law office the following year. On January 11, 1860, James E. Sewart married Cynthia F. Mayo, daughter of Lewis Mayo, who was one of the leading men of the Middle Sandy Valley. From September, 1861, to April 1865, Stewart resided part of the time near the mouth of John's Creek, and a part of the time on a farm about two miles from Paintsville.

When the Civil War began, Stewart, according to his own words, "sympathized with the southern people, but had no connection whatever with those in arms, or that was aiding the rebellion."

After the Battle of Middle Creek on January 10, 1862, Paintsville served as temporary military base for Union commander James A. Garfield. During this time disloyal citizens were arrested, among them Stewart who was charged with "giving aid and succor to rebels." According to Stewart, he was arrested "at the instance of prejudiced acquaintances, and upon false testimony." He was taken to Newport Barracks, KY and from there forwarded to Camp Chase, Ohio on March 19, 1862, where he remained a prisoner for nearly a year. On being released by exchange, he returned home and soon returned to the practice of law.

In August of 1868, one month after acquiring the Main Street property in Louisa, Stewart was elected commonwealth attorney for the sixteenth judicial district of Kentucky, composed of the counties of Pike, Floyd, Johnson, Magoffin, Lawrence, Carter, and Boyd. According to Stewart, he was, "was elected to that position by the people in August, 1868, by a majority of near a thousand majority."

It was not until 1872, that Stewart, with his wife and three children, finally moved from Johnson County to Louisa and took up abode in their new home on Main Street. Their child Neva Sharon Stewart was born here in 1875.

In the late 1870's, Eastern Kentucky was rocked by activities by groups of so-called "Regulators". Judge James E. Stewart was appointed special judge of the Criminal Court, 16th District, in an attempt to bring peace and order to the counties of Carter, Elliott and Lawrence. Despite frequent death threats, Judge James E. Stewart vowed to uphold the law against the Regulators and called on Gov. Luke P. Blackburn for state troops. Stewart's firm stand, the threat of military force, and the promise of executive clemency for Regulators who voluntarily surrendered, proved to be successful to end the violence in Lawrence County. On May 28, 1880, several hundred Lawrence and Carter County Regulators surrendered to Judge Stewart at Louisa. On February 2, 1881, Stewart recommended pardons for 390 Regulators.

In 1884, Judge James E. Stewart's son James Lewis graduated with a Bachelors of Law from the Ann Arbor Law School, University of Michigan. During the closing ceremony, he was exposed to cold which turned into pneumonia. He returned to Louisa and died at the home of his parents on July 18, 1884, at the age of 23 years.

The Stewart family continued to live in Louisa and in 1900, James E. Stewart was listed in the census as living with his wife Cynthia and son Forest Lee, also a lawyer, and daughter Neva Sharon, a music teacher. In 1902, Neva married their neighbor Albert M. Campbell, an engineer. Soon thereafter, Judge Stewart's health began to decline and, after sustaining "a stroke of paralysis", he died at his Louisa home on Jan. 18, 1903.

Judge Stewart Obituary, Morning Herald, Jan. 19, 1903

On March 10, 1904, Cynthia Stewart finally received the deed for their Main Steet home, "the entire consideration in said title bond [executed on the 20th July, 1868] having been paid in full..."

In 1905, Forest Lee Stewart married Nannie Lee Watson Hays, a widow from near Webbille. This family eventually became the next occupants of the Stewart home. After Forest Lee's death on June 9, 1930, his widow Nannie continued to reside in the house until her death. Up to the present day, the house still remains in possession of the family.

Article researched and compiled by Marlitta H. Perkins, January 2011.
Images are copyright of the author.

Monday, January 10, 2011

The Battle of Middle Creek, January 10, 1862

Middle Creek Battle Field

Today marks the 149th Anniversary of the Battle of Middle Creek. It was here that Confederate forces under Brigadier General Humphrey Marshall and the 18. Brigade, Department of the Ohio, under the command of Colonel James Abram Garfield, clashed on a cold morning near Prestonsburg in Floyd County, Kentucky.

More than a month after Confederate Col. John S. Williams had left Kentucky,following the fight at Ivy Mountain, Brig. Gen. Humphrey Marshall led yet another force into southeastern Kentucky to continue recruiting activities. From his headquarters in Paintsville, on the Big Sandy River, northwest of Prestonsburg, Marshall recruited volunteers and had a force of more than 2,000 men by early January, but could only partially equip them.

Union Brig. Gen. Don Carlos Buell directed Col. James Garfield to force Marshall to retreat back into Virginia. Leaving Louisa, Garfield took command of the 18th Brigade and began his march south on Paintsville. He compelled the Confederates to abandon Paintsville and retreat to the vicinity of Prestonsburg. Garfield slowly headed south, but swampy areas and numerous streams slowed his movements, and he arrived in the vicinity of Marshall on the 9th.

Heading out at 4:00 am on January 10, Garfield marched a mile south to the mouth of Middle Creek, fought off some Rebel cavalry and turned west to attack Marshall. Marshall had put his men in line of battle west and south of the creek near its forks. Garfield attacked shortly after noon, and the fighting continued for most of the afternoon until Union reinforcements arrived in time to dissuade the Confederates from assailing the Federal left. Instead, the Confederates retired south and were ordered back to Virginia on the 24th of January, 1862. Garfield's force moved to Prestonsburg after the fight and then retired to Paintsville. Union forces had halted the Confederate 1861 offensive in Kentucky, and Middle Creek demonstrated that their strength had not diminished. This victory, along with Mill Springs a little more than a week later, cemented Union control of Eastern Kentucky until Gen. Braxton Bragg [CSA] launched his offensive in the summer and fall. Following these two January victories in Kentucky, the Federals carried the war into Tennessee in February of 1862.

Union Headlines
The Ironton (OH) Register
February 6, 1862

Confederate Account
Richmond (VA) Daily Dispatch
January 16, 1862

Union and Confederate Reports

Louisville, January 14, 1862.

Colonel Garfield, commanding Eighteenth Brigade, reports that on the 7th instant he attacked and drove the enemy from his intrench-merits at Paintsville, killing 3 and wounding several; our loss 2 killed and 1 wounded.
On the 10th he attacked the main body of the enemy, under Humphrey Marshall, posted on the hills at the Forks of Middle Creek. Skirmishing commenced at 8 a.m.; engaged from 1 p.m. until dark. The enemy was driven from all his positions, and in the night burned most of his stores and fled precipitately. Our force was 1,800 infantry and 300 cavalry. The enemy had 2,500 infantry, three pieces of artillery, and six companies of cavalry. Our loss at Prestonburg, 2 killed, 25 wounded. The enemy's loss at Prestonburg, 27 found dead on the field. He carried off his wounded and many of his killed.
We took 25 prisoners, 10 horses, and a quantity of stores. Colonel Garfield had crossed the Big Sandy to Prestonburg on the 11th.

Brigadier-General, Commanding.

[OR SERIES I--VOLUME 7, p. 21]

Prestonburg, Ky., January 11, 1862.

I left Paintsville on Thursday noon with 1,100 men, and drove in the enemy's pickets 2 miles beyond Prestonburg. The men slept on their arms. At 4 o'clock yesterday morning we moved toward the main body of the enemy at the Forks of Middle Creek, under command of Marshall. Skirmishing with his outposts began at 8 o'clock, and at 1 o'clock p.m. we engaged his force of 2,500 men and three cannon posted on the hill. Fought them until dark. Having been re-enforced by 700 men from Paintsville, drove the enemy from all their positions. He carried off the majority of his dead and all his wounded.
This morning we found 27 of his dead on the field. His killed cannot be less than 60. We have taken 25 prisoners, 10 horses, and a quantity of stores. The enemy burned most of his stores and fled precipitately..
To-day I have crossed the river, and am now occupying Prestonburg. Our loss 2 killed and 25 wounded.

Colonel, Commanding Brigade.

[OR -- SERIES I--VOLUME 7, p. 29]

Floyd County, Kentucky, January 14, 1862.

....On the morning of the 10th I learned from my pickets that the enemy was passing in force from Abbott's Creek to Middle Creek, and were apparently pursuing me, the Fortieth Ohio having effected a junction with the rest by passing down Paint Creek. I was on my way to this place, because it is the nearest point to my camp of January 8 at which I could get meal to make bread. I permitted my transportation train to move along the road I was traveling, and I halted and formed my command for battle.

The enemy came in sight about 10 a.m. and we engaged about 12 m. He was very slow in making his advance and general dispositions. I send inclosed a sketch of the ground upon which the battle took place, from which you will see that my battery was at first placed in the gorge of the mouth of the Left Fork of Middle Creek.
Williams' regiment, Moore's regiment, and part of the mounted battalion, fighting on foot, occupied the spurs and heights upon my right; Trigg's regiment occupied the height covering the battery; Witcher's and Holladay's companies in reserve in rear of the battery; Thomas' and Clay's companies, dismounted and armed with Belgian rifles, thrown forward on the opposite side of Middle Creek to the heights commanding the plain of main Middle Creek, and resisted any advance of skirmishers from the opposite heights.

The enemy, having come through a defile to the left of main Middle Creek, first deployed a large force on the heights to his right, then advanced a regiment to the middle of the plain, covered by cavalry, and rested his left and his reserves at the base of the hills, which were manned by my right. Our lines thus rested at an acute angle to each other. He first advanced his cavalry and center, but three discharges of artillery put the cavalry to flight, and if they did anything more during the day it was done on foot. We plainly heard the command to "Force the cavalry forward," but the cavalry did not make its appearance again. The enemy charged up the points above the mouth of Spurlock's Branch three times, but were repulsed with great loss.

In the evening I shifted our smooth-bore 6-pounder, so as to bring it to the summit of the dip in the hill occupied by Trigg's regiment, and obtained a fair flank fire at the enemy, while occupying a piney point in front of Moore's regiment. This soon attracted a hot fire upon the gun, but no further damage than the shooting of one of the artillery horses through the head.

After an action which lasted about four hours the enemy withdrew his force, it then being night, and retired down Middle Creek, on the route to Prestonburg, whence, the next day, he retraced his steps to Paintsville.

I submit herewith Colonel Moore's report, and will send others as soon as the officers make them out. They have been called for, but are not yet prepared. I send Dr. Duke's report of casualties. I think our loss will amount to 11 killed and 15 wounded; not more.
I can only say to you, general, that my troops acted firmly and enthusiastically during the whole fight; and, though the enemy numbered some 5,000 to our 1,500, they were certainly well whipped. If I had had bread for my men (some of whom had had nothing to eat for thirty hours) I should have renewed the action after night; but an enemy greater than the Lincolnites (starvation) summoned me to reach a point where we might obtain food for man and horse.

I pursued next day my march to this place, distant from the scene of action some 16 miles, which I accomplished in three days. My scouts informed me the enemy was at the same time returning to the points on the Sandy whence he came to disperse the "rebel force" I have the honor to command.

This is the first mill where I could get bread. I halted here and pitched my camp, perfectly satisfied that unless the enemy shall be strongly re-enforced he will not seek to renew our acquaintance.....


[OR-- SERIES I--VOLUME 7, pp. 46 - 50]

January 13, 1862.

SIR: The present being the first opportunity which has presented itself since our engagement with the enemy at the Fork of Middle Creek, in Floyd County, Kentucky, on the evening of the 10th instant, I will now give you briefly a hasty report of the part taken and the consequences resulting therefrom to the three under my command. The Twenty-ninth Virginia Regiment was the greater part of the time--that is, during the battle, which lasted some three hours--in the head and front of the fire, and all, without a single exception, so far as my information extends, conducted themselves in the bravest and most gallant manner. The loss to my regiment was 5 killed and 7 wounded.

In this my brief and imperfect report I ought not, perhaps, to make any invidious distinctions by mentioning the names of any of my men or officers, who conducted themselves most gallantly in the battle; but I think my whole command will bear me out in giving to Lieut. Col. William Leigh, Maj. James Giles, and to Lieut. William J. March, of Captain Bryant's company, great credit for the gallant and daring part acted throughout the entire engagement.
In conclusion, I will say that all acted nobly and achieved for themselves a reputation and a name which old Virginia may and will be ever proud to honor.

Colonel, Commanding Twenty-ninth Virginia Volunteers.

[OR SERIES I--VOLUME 7, p. 61]

Middle Creek Historical Marker

Links of Interest
Prestonsburg, Floyd County, Kentucky
Mentor, Ohio
University of Richmond

Article researched and compiled by Marlitta H. Perkins, January 2011

Monday, January 3, 2011

Election dispute in 1867 reveals names of former Confederates in Greenup County, KY

The hunt for new source material sometimes takes me to unexpected areas of discovery during my Civil War research. When I located the papers of the election dispute case Samuel McKee versus John D. Young, I knew I had found an invaluable source and a veritable goldmine.

On June 9, 1867, Samuel McKee notified John D. Young that he intended to contest Young's right to a seat in Congress because he, "did not remain loyal to the government of the United States,"during the late rebellion" and awowed himself, "in favor of raising and arming troops in Kentucky to resist the federal government .."

One of the documents contained in the papers was a deposition given by Benjamin Franklin Bennett, of Greenup County, KY. Bennett, a native Ohioan from Scioto County, who had settled in Greenup County in December of 1855, after purchasing the saw and cornmills at the old Globe Furnace on Tygert Creek, then known as Darlington Mills. Bennett rebuilt the mills, installed new equipment and produced the first flour in Greenup County. His business became known as Bennett's Mill. With the help of his brother Pramley, Bennett also built a covered bridge over Tygart Creek in order to accommodate their customers.

Bennett's Mills Covered Bridge
Located on the East side of SR 7
0.9 miles north of SR 10(AA Highway)

When the Civil War began, Benjamin F. Bennett enlisted in the 56th OVI and saw action at Fort Donelson, Pittsburg Landing and Corinth, Mississippi. Bennett fell sick and was discharged on July 25, 1862, on account of disability, with the rank of sergeant. In Aug. 1863, after having regained his health to some degree, Bennett entered the U.S. Service as a Deputy Provost Marshall for the 9th Congressional District of Kentucky and served in that capacity during the war. In March of 1866, having read law during his convalescence, Bennett was admitted to the Bar as a practicing attorney and opened an office in Greenup.

On August 14 and 15, 1867, Benjamin F. Bennett was called upon to give a deposition in Greenup in the Samuel McKee - John D. Young election dispute case. The following is a transcript Bennett's statement:

Deposition taken at the office of John Seaton and before Judge McCoy, in the town of Greenupsburg, Greenup county, Kentucky, on the 14th day of August, 1867, to be read as evidence in the case wherein Hon. Samuel McKee is contesting the right of John D. Young to a seat in the fortieth Congress of the United States.

By George M. Thomas, attorney for Mr. McKee:

Q. State your age, and how long you have lived in Greenup county, Kentucky, and state your occcupation.

I will be 38 years old in October, 1867. I have lived in Greenup county twelve years next December. I am a practicing lawyer at this time.

Q. State, if you know, whether any persons voted for John D. Young for Congress, in May last, in Greenup county, who had been in the rebel army; and if so, give their names.

The following named persons, I understand, were in the rebel army, who voted at the last May election in Greenup cunty for John D. Young, as appears from the poll books which I have examined, viz: Williams S. Kawns (Kouns), David Smith, Edward Howe, Henry C. Horton, David E. Carroll, Enick Lewis, James K. Music, P. B. Byrne, Charles Wamack, William Sanford (Lanford?), Ridan Butram, William Bagby, R. W. Cooper, Robert Gibbs, Joseph C. Blenthinger (Blentlinger), Henry E. Huffman, John Cooper, B. F. Huffman, Aaron Huffman, J. C. Huffman, J. Huffman, Solomon Huffman, S. P. Felty, W. H. Clifton, William Huff, G. W. Hurst, and David Colley, making in all twenty-seven, (27) Some of the above named persons have informed me that they had been in the rebel army, and the balance were generally understood in the county to have been in the rebel army, and I never heard it disputed.

Q. State if you know of any persons who voted at the last May election, in Greenup county, for John D. Young for Congress, who had been in the Union army and deserted the same?

(Excepted to by Young)

The following named persons voted for John D. Young in May last, in Greenup county, who were reputed to be deserters from the Union army, viz: David McNeil, T. J. Soper (Loper), Nelson Traylor, and James T. Bagby, and Joseph Fisher. I think hat McNeil, Soper (Loper), Traylor, and James T. Bagby belonged to the 22d Kentucky infantry, and Fisher belonged to the 2d Kentucky cavalry. I was special agent of the provost marshal during a part of the war.

Q. Do you know of any persons who voted for John D. Young in May last, in Greenup county, who started to the rebel army and were captured on their way or returned?

Samuel Wamack, John White, Robert Stuart, Amos Thompson, and Columbus Kirtly voted for John D. Young in May last, in Greenup county. I understand that they started to the rebel army and were captured and brought back. I have heard Kirtley speak of his capture.

Q. Do you know of any persons who voted for John D. Young in May last, in Greenup county, who were arrested during the war upon charges of treason and disloyalty, and sent to Camp Chase and other prisons?

(Excepted to both questions and answer)

The following named persons, viz: J. M. Bevins, Milton Boyd, Eli Cooper, William A. Wamack, E. F. Cooper, and Thomas Warring voted for John D. Young last May. I saw all of the above-named persons, except Warring, while under arrest and charged with disloyalty, and I heard Warring say he was arrested and sent to Camp Chase. I know he had a suit pending in this court against the parties who arrested him, and Bevins has a suit pending in this court at this time against the parties whom he charges arrested him.

Q. Do you know of any persons who voted for Young in May last, in Greenup County, who had no right to vote by the laws of Kentucky?

A. G. W. Marshall voted for Young at the May election. I understand he is under twenty-one years of age. Joseph Morgan voted for Young at the election in May last, and I understand he had been here but about eight months, and he came from Ohio. I see a great many names on the poll-book that I know nothing about.

Cross-examined by Young:

Q. State, if you know, how many rebel soldiers voted for John D. Young on the 4th of May last for member of the 40th Congress of the United States, who were in the rebel army at the close of the war.

I think Lanford, David Smith, Hurst, H. C. Horton, P. B. Byrne, and Music are the only ones that remained in the army at the close of the war.

Q. State, if you please, how many of the rebel soldiers you state voted for John D. Young at last May, came home under President Lincoln's proclamation, and how many took the amnesty oath?

I do not know of any who came home under President Lincoln's proclamation; Dr. W. S. Kouns was gone only about six weeks, and then returned; the balance not named above served one year and then returned and remained at home.

Q. State how many rebel soldiers voted at the last May election in this county for Samuel McKee.

I don't know of one.

Q. State how many soldiers served in the Union army from the county of Greenup during the war.

In my judgement there were from seven to eight hundred soldiers in the Union army from Greenup county.
Q. State, if you know, at what time in the year 1861 or 1862 there was a rebel raid on Boone furnace in this county, and by whom made?

It was made in the fall of 1862; I think it was made by Colonel Trigg's command; Boone furnace was in Carter county in 1862.

Q. State whether any other raid was made in the county of Greenup, or no any other furnace during the years 1861-1862, or at any other time during the war.

I think there was a raid made on Pennsylvania furnace in the year 1863, after harvest; by whom I do not know.

Q. For whom did you vote for member of the 40th Congress of the United States on the 4th day of May last?

Samuel McKee

By McKee's attorney:

Q. At what time was the line between Carter and Greenup changed so as to include Boone furnace in Carter County?

I think it was in 1860 or 1861.

B. F. Bennett

August 15, 1867
Met in pursuance to adjournment; B. F. Bennett being recalled by Mr. Young:

Q. State whether there was any raid at any time during the war made on Racoon furnace in Greenup county; and if so, by whom?

I know of no rebel raid having been made on Racoon furnace in Greenup county; there were some arrests made at or about said furnace, but by whom I do not know; I do not think they were rebels who made the arrests.

Q. State whether or not the rebel soldiers who you spoke of having voted for John D. Young, and had served in the rebel army for twelve months and returned home, did not have to take the amnsety oath, or the oath to support the United States, &c., before they were permitted to remain.

I do not know whether they took any oath or not; some of them were arrested and taken to Camp Portsmouth, Ohio, and were released.

Q. How do you know that these men joined the rebel army?

From reputation; some of them told me so themselves. One of the above-named persons, viz: W. H. Clifton, after he returned home from the rebel army was indicted in this court under the State law for invading the State to make war on the same, which indictment was disposed of in some manner, how I do not know; he afterwards enlisted in the Union army, as I understand.

B. F. Bennett

Closer examination of Bennett's list revealed that a number of men had, indeed, served in the Confederate Army. For others, no records could be found, which does not necessarily indicate that these men did not serve, given the lack of records that may have survived or simply were not kept. This applies especially to Confederate records.

David Smith, Pvt. 5th Kentucky Mtd. Infantry
Henry C. Horton, Sgt. 5th KY Mtd. Inf./Partisan Rangers
Enick (E.M.?) Lewis, Sgt. 5th KY Mtd. Inf./Partisan Rangers
P.[Payton] B. Byrne, Pvt. 5th KY Mtd. Inf.
Charles Wamack (Womack), Pvt. 5th KY Mtd. Inf.
Ridan (Redman/Ridden) Butram, Pvt. 5th KY Mtd. Inf./Field's Partisan Rangers
Robert Gibbs, Pvt. Pvt. 5th KY Mtd. Inf./Field's Partisan Rangers
Aaron Huffman, Pvt. 5th KY Mtd. Inf.
Henry E. Huffman, Pvt. 5th KY Mtd. Inf.
Solomon Huffman, Pvt. 5th KY Mtd. Inf.
S. P. (Simon) Felty, Field's Partisan Rangers
W. H. Clifton, 1. Sgt., Ficklin's Battalion
G. W. Hurst, Pvt. 5th KY Mtd. Inf.
James M. Bevins, 2. Lt. by brevet, 10th KY Cavalry (Diamond's)

Union Deserters
James T. Bagby, 16th KY Infantry [US]
Thomas J. Loper, 22nd KY Infantry [US]
Nelson Traylor, 6th Kentucky Cavalry [US]
Joseph Fisher, 2nd KY Cavalry [US]

Deposition transcribed and researched by Marlitta H. Perkins.

Papers in the case of Samuel McKee against John D. Young. Ninth Congressional District of Kentucky. Date: 1868-01-01; Publication: Serial Set Vol. No. 1349, Session Vol. No. 1; Report: H. Misc.Doc. 13; pp. 34 - 36

Photograph of Bennett's Mills: Library of Congress, Prints and Photograph Division HAER: KY-49-1