The Life and Death of James L. Sudduth

 On October 18, 1862, Major James Sudduth of Bath County, Kentucky, suffered a cruel death at the hands of a group of Confederates who belonged to General Humphrey Marshall's command. Sudduth was a staunch and unflinching Union supporter who did much to keep his portion of the state out of rebel hands. The town of Owingsville, however, had some strong Southern sympathizers who, in the end, contributed to Sudduth's demise.

James Sudduth was a man who wore many hats during his lifetime. He was born on March 18, 1800, in Kentucky, the son of Colonel William Millard Sudduth and Mary Eleanor Hood, daughter Major Andrew Allen Hood. She was distantly related to Confederate General John Bell Hood who was born in Owingsville in 1831. Colonel (also sometimes referred to as General) Sudduth settled in Kentucky at Hood's Station in 1785. In 1794, he led 1200 Kentucky Mounted riflemen to join the army under General "Mad" Anthony Wayne and brought on the action at Fallen Timber. In later years, he was Justice of the Peace and sheriff of Clark County and served for decades as county surveyor. When he died in 1845, he was the last surviving member of the convention that framed the second Kentucky Constitution.

Not much is known about Sudduth's childhood or education. It can be reasonably assumed that he attended Winchester Academy of which his father was one of the original trustees. The school was chartered in 1798. By 1810, a building had been erected for the use of the seminary. Once Sudduth's studies had concluded, he entered the legal profession. Research has not revealed where Sudduth received his legal training. On October 22, 1821, James Sudduth married Jenett Lane in Winchester, Clark County, Kentucky. The newly wed couple settled in Cynthiana, Harrison County by 1822 where they lived for the next 4 years. The Sudduths made their home on town lot No. 4. Their next move took them to Owingsville in Bath County. Their first child, a daughter, was born abt. 1821-1826, followed by son William Newton Sudduth in 1827. A second daughter was born ca. 1826-1830, and ca. 1830, another son was born. It appears that none of the children with the exception of William Newton Sudduth made it to adulthood. 

His legal practice seemed to flourish. Sudduth's cousin Henry S. Lane, future governor of Indiana (1861) and US senator, read law under him from 1832 to 1834. Sudduth also showed an interest in political matters and was elected state representative in 1834.  After the death of his first wife, Sudduth married Richard Stanhope's widow Mary Ellen, nee Cooper, on February 22, 1844, in Fayette County, Kentucky. Mary Ellen brought with her two children from her previous marriage, Richard H. and Francis M. Stanhope who lived in the Sudduth household in 1850. Mary Ellen's parents were Rev. Spencer Cooper, a Methodist Episcopal minister, and Mary H. Burton. Spencer Cooper preached at Lexington, Versailles and other appointments in Kentucky. He also engaged in the manufacture of gun powder. When cholera struck Lexington in 1833, Cooper was prominent in service to the sick.   

After serving as state representative, Sudduth continued in his legal profession. The 1847 Kentucky State Register listed him as an attorney in Bath County, as did the Livingston's Law Register during the 1850s. 

Sudduth was civic minded and involved in the following projects as commissioner:

Improvement of the Sandy Road, from Bath County to the mouth of Big Sandy River (1835)

Owingsville, Sharpsburg and Paris Turnpike Road Company (1836) 

Licking River Navigation Company (1846) 

Owingsville, Sharpsburg Turnpike Road Company (1849)

In 1856, Sudduth served as a judge in the category of "Agricultural Literature, Essays" at the First Annual State Fair held by the Kentucky State Agricultural Society at the fair grounds in Paris, Bourbon County, Kentucky, from September 30th to October 5th, 1856.

Sudduth was a Freemason and Past Master of the Maury Lodge No. 141 in Owingsville (now Bath Lodge No. 55, since 1854). 

Proceedings of the Grand Lodge of Kentucky (1851)

During his lifetime, Sudduth amassed a large amount of property. Over the years he owned large tracts of land not only in Bath but also in Pike, Lawrence, Greenup and Carter Counties. According to the 1847 Bath County tax list, he owned over 12,000 acres in Morgan County, as well as nearly 5,500 acres in Bath County, plus six town lots. 5156 acres of his property were acquired by land grants between 1837 and 1859. 

Sudduth was a slave holder from the time of his first marriage. In 1847, he is listed on the tax list with two slaves over 16 years of age. By 1850, this number had increased to eleven - four  adults and seven children. Despite his large land holdings, Sudduth did not engage in agricultural pursuits but was involved in the lumber business. He owned Eagles Mill, near Olympian Springs, a steam operated board mill, which processed lumber. In 1851, the mill produced $3000 worth of posts and boards which would equal about $100,000 in today's money. The mill was operated by four male and two female slaves and overseen by a man from New York and his French Canadian wife who lived in a log house nearby. 

In 1851, Sudduth hosted the German journalist Moritz Busch, a participant of the Revolution of 1848, who later became well known as the biographer of Otto von Bismarck, Prussian prime minister and first chancellor of the German Empire. The observations of his travels in the United States were published as "Travels Between the Hudson and the Mississippi: 1851–1852." Busch practically devoted a whole chapter to his visit with James Sudduth who proved to be a congenial host. He characterized Sudduth as a lover of history and a story teller. Busch found him "Worthy without being stiff, religious without being a bigot, a nature in which leniency and strength were paired in a pleasant manner which he combined with the education, the wit, the self control and the social talents of an accomplished gentleman. In addition - a rare occurrence among Americans - he had a heart for the past of his homeland and an open mind for all efficiency, purity and righteousness, as well as an excellent memory of the customs and deeds of this beloved past." 

"Travels Between the Hudson and the Mississippi: 1851–1852."
(Original German edition)

By the mid 1850s, Sudduth once again returned to politics. He ran for state senator on the American Party ticket, was elected and served from 1855 to 1859. 

Daily Louisville Democrat, July 7, 1855

By 1860, Sudduth had given up his slaves and perhaps his mill business as well. It is possible that his nephew William L. Sudduth of Sharpsburg had taken over the business as he was listed as mill owner in Isaac Straub's Mill Factory trade catalog of 1856. 

When the Civil War broke out, "party lines began to be drawn, and home guard and state guards began to drill," according to John Alexander Joyce, a Bath Countian who later served in the 24th Kentucky Infantry. "A large portion of the people of Bath county were at first inclined to stand by the armed neutrality proclamation that Gov. Magoffin issued for their considerations. 

Louisville Daily Courier, April 30, 1861

During the summer of 1861, a great number of picnics, barbeques and meetings were held in the central counties of Kentucky, ostensibly for the purpose of social enjoyment, but in fact to recruit soldiers for the Southern army. One such meeting took place in Owingsville on August 28, 1861, featuring Col. Roger Hanson who "addressed the meeting in an eloquent and mastery speech, which received the almost unanimous approval of the assembled multitude."

Sudduth, however, became an active supporter of the Union. He was addressed as Major Sudduth, a title that stemmed from his service as an officer in the Kentucky militia. Sudduth established a recruiting camp at Isles Mill, which was located on the Licking River, 11 1/2 miles east of Owingsville, while Cy Boyd's home at the mouth of Slate served as a point of rendezvous for Southern recruits. In September of 1861, when Andrew Johnson was visiting Owingsville, Sudduth's home guard company acted as his personal security detail. Subsequently, Sudduth was instrumental in aiding the organization of the 24th Kentucky Infantry and obtaining a supply of arms for the regiment. The Owingsville Home guard company eventually became Co. I of the 24th.

In October 1861, when General William "Bull" Nelson embarked on his Eastern Kentucky campaign, Sudduth accompanied Nelson as one of the gentlemen volunteers. He helped guide his forces through the mountains to Piketon, at his own expense without pay from the Government. Within a few weeks after Nelson's withdrawal from the Big Sandy Valley, the rebels returned to Eastern Kentucky and were were gaining ground once more. Entering through Pound Gap, troops were moving in two columns toward Mt. Sterling by way of Prestonsburg and Letcher County. Menifee with 400 men took possession of West Liberty. Union men from Wolfe and Morgan County fled and made their way to Mt. Sterling. In Owingsville, a self-appointed committee reportedly warned the leading Union citizens that they had better leave if they wanted to save themselves as the Confederates would have possession of the town within days.

On December 13, 1861, the Mt. Sterling Whig published an appeal "to the patriotic fighting men, to rally at once in town, and form themselves into a cavalry company." The following day, Major Sudduth passed through town with a load of arms for Bath, where he was also raising a force. On December 18, 1861, Mt. Sterling was thrown into quite a state of alarm by a company of seventy men from Bath, dashing into town a little after dark, amidst enthusiastic cheering, under command of Major Sudduth. According to the Whig, "Nobody knew of their coming, and consequently nearly every one believed, for a short time, they were seceshers. On hearing the cheers for the Union, the illusion was soon dispelled, and the gallant and patriotic fellows were received with joy. They came after their arms, leaving the next morning."

Meanwhile, General Don Carlos Buell, in command of the Army of Ohio, was forging a plan at Federal Headquarters in Louisville to deal with the renewed Confederate threat in the Big Sandy Valley. Buell selected Colonel James Abram Garfield from Ohio, commander of the 42nd OVI, to be the man to check Marshall's advance. On December 17, 1861, Garfield was placed in command of the 18th Brigade. His orders were clear. "Go first to Lexington and Paris, and place the Fortieth Ohio Regiment in such position as will best give a moral support to the people in the counties on the route to Prestonsburg and Piketon, and oppose any further advance of the enemy on that route. Then proceed with the least possible delay to the mouth of the Sandy, and move with the force in that vicinity up the river, and drive the enemy back or cut him off." 

On December 24, 1861, Sudduth went to "Auvergne," Brutus Clay's farm in Bourbon County, situated on the Winchester Road three miles from Paris, where part of Garfield's forces were encamped. He met with Colonel Cranor, commander of the 40th Ohio Infantry and Garfield's Quartermaster Captain Ralph Plum, offering the services of 180-200 men under him. Plum related details of the meeting to Colonel Garfield. 

Image from Hewitt's 1860 Map

Paris Ky Dec 24, 1861

Colonel,

I have had an interview this evening with Col. Cranor of the 40th Ohio, and Genl James Sudduth of Owingsville. The latter gentleman has under him 180 to 200 Mounted Rangers and with guns, not in the United States Service but home guards. 

Genl Sudduth proposes to turn in with his men and aid in the expedition without pay, and Col Cranor is anxious to have his aid from and after their arrival at Owingsville.

But the men and horses will need subsistence and forage, and they desire to know whether they can be supplied through the Quartermaster and Commissary of the U.S. Army.

I cannot see how it can be done, but at their request I write to lay the matter before you for an answer. 

Genl Sudduth requests me to say that he saw Genl. Buell upon the subject of aiding with his men in the contemplated expedition, but said nothing about subsistence.

Very Respectfully

Your Obedient Servant

Ralph Plumb

Capt. 1 A.Q.M. U.S.A.

Capt. Plumb to Col. Garfield, Dec. 24, 1861

Sudduth's request was endorsed by General Buell who left it up to to Garfield, "who may, if he deems their service necessary and sufficiently valuable, order forage & subsistence to be issued to them." When the detachment of the 1st Kentucky Cavalry under Lt. Colonel Letcher arrived in Paris the following day, Cranor informed Garfield that he had "ordered them on this morning via of Owensville, as Maj. Sudduth was here waiting for them, - his force of one hundred and eighty mounted men will join them at the place above named, I ordered them to proceed at once to the Gap (McCormick's Gap; MP) and hold it untill (sic) I could reach that point; also, ascertain if possible the position of the enemy in that vicinity, and to carry out your orders in regard to marauding parties that may come in the way." Sudduth's Rangers safely guided the forces under Colonels Cranor and Letcher to Middle Creek. They arrived at Paintsville on January 8, 1862. 

In late March 1862, after his campaign in Eastern Kentucky had ended, Garfield was ordered with the larger portion of his brigade from the Big Sandy Valley. What remained was a skeleton force under the command of Colonel Jonathan Cranor. It consisted of the 40th OVI and 16th Kentucky as well as McLaughlin's Squadron. Sudduth's Rangers as well as Wolford's 1st Kentucky Cavalry detachment under command of Lt. Colonel Letcher took their leave and were heading in direction of Bath County. Upon their arrival, Wolford's men were "splendidly entertained by the ladies of Owingsville." 

On March 20, 1862, Mary Ellen Sudduth noted, "Our village is quite lively. Lt Col Letcher with a Detachment of Wolfords Cavalry came here a Week ago and are going to remain some time. The secesh dont like it but they cant help themselves. He is such a nice clever Gentleman. The Col Capt Owings (Owens) Capt Hackeley and Capt Coppage board with me so you see I have my hands full. The Ladies gave them a supper as they went to the Mountains and a Dinner when they returned. There is no doubt they love this part of the Country. They are going to put a Flag on the Seminary in the morning and one on Mrs Jones' House. I have a very pretty one on ours shows at a distance."

Wolford's 1st Kentucky Cavalry detachment spent a few more days in Owingsville, doing some scouting and "catching guerrillas and renegades aiming to join the enemy" before moving on to Lexington. There was uncertainty among the general population how Cranor, the new commander in the Big Sandy Valley, would handle any incursion by Confederates or if he was up to the job, considering that his was now dramatically reduced in numbers. The general attitude among the troops was that "Humphrey (Marshall) won't stand fire and there's no chance for a fight." 

Sudduth, on the other hand, firmly believed that another Confederate invasion into Eastern Kentucky was imminent. On April 27, 1862, Sudduth addressed his concerns in a letter to John B. Temple, president of the Kentucky Military Board.

Owingsville 27th Apl 1862

J. B. Temple, P.M.B.

                    Dear Sir,

                            From personal observation and reliable information I feel satisfied that we are at a Great Crisis in this part of Kentucky and that immediate preparations should be made to meet it like men battling for the Union should do - My information & upon which I rely most confidentially is that the rebels are arming and organizing to meet Marshal, by the first of May, who has promised to invade Kentucky again with 10,000 by a route, which our Military men seemed determined not to obstruct, lying 20 miles South of any position our men occupy and which has never been exhausted as to supplies, besides this such has been our indulgence of the rebels they have been permitted to organize and prepare for action, in our midst - will you therefore send me 30 rounds of fixed ammunition for 166 muskets to Mt. Sterling to care of Hon R. Apperson Sr., - and in view of the pending danger, can you have 334 more Guns, ready with fixed ammunition at any moment they may be wanted = I am no alarmist as upon reflection you will conceed (sic), although when I last applied to you for help, my best friends thought I was mistaken including Col. Marshall who is now with his regiment trying to keep the ground gained by the Campaign under Garfield and which I caused to be made - I repeat that I am perfectly satisfied that immediate preparation for action here, is necessary and assure you that in 48 hours I can have in the field 500 effective men if we can have arms & ammunition. I have now 166 men with muskets but need ammunition, please answer immediately

                          Most Respectfully

(A Copy)                  Your friend

                          James Sudduth 

Meanwhile, Sudduth and his men patrolled the area on the outlook for rebel elements. On July 7, 1862, they crossed paths with Cyrus "Cy" Boyd and his men. The fact that Boyd was a fellow Mason did not deter Sudduth from promptly arresting him as well as two of his companions, Benjamin Cassity and Charles Baily. Sudduth's men also confiscated a number of Boyd's horses. 

Cy. Boyd — The Sandy Valley (Ky.) Advocate noted that "its readers generally will be rejoiced to learn that this notorious horse thief and guerilla chief has been fixed for "slow travelling." Boyd was formerly well known throughout that district. He had been missed for some time previous to the breaking out of our difficulties, and from the character of the man his acquaintances were not surprised to hear of his turning up as a rebel marauder and cut throat. He and his gang were captured by Major Sudduth and his Home Guards one day last week, in Bath county, and lodged in jail."

Boyd and his men as well as the confiscated horses were taken to Cynthiana and delivered to Col. Metcalfe, 7th Kentucky Cavalry, from where the prisoners were transferred to Newport Barracks and then sent off to Camp Chase, Ohio. 

In June and July of 1862, Sudduth unexpectedly made an active canvass for Circuit Judgeship in the Eleventh Judicial District. His decision caused a conflict with his opponent, Richard Apperson, Jr. from Mt. Sterling who was a strong Union man and also had accompanied Nelson's forces alongside Sudduth. Apperson stated that he "was greatly surprised, as Maj. Sudduth and myself agreed distinctly in May last, that we would remain at home and leave the selection of a Judge to the people of the District, concurring as we did, cordially on my part, and as I presumed also on his, that a canvass for the office was improper. This agreement has been held by me inviolable. I had neither design nor wish to violate it, and I am unable to conceive how Maj. Sudduth could obtain his own consent to break it; and that, too, without any intimation to me, that he desired to be no longer bound by it. This may be one of the privileged modes of conducting a canvass, but if it is, I am more than ever happy that my desire for office has never been so intense as to induce such action on my part, or to experience it in others. But under no circumstances could or would I have left my sick family to follow Maj. Sudduth through the District. I may be defeated, but I will not be dishonored." In the August elections that followed, Apperson beat Sudduth and was elected Circuit Court Judge for the 11th Judicial District.

On July 14, 1862, a large Union meeting took place in Owingsville. Dr. Joshua Barnes was nominated as candidate for the state legislature to fill out the unexpired term of Van B. Young who had resigned to accept the position of Bath County clerk. A participant noted that the "Morgan raid in Southern Kentucky inclines our people to think that "Cerro Gordo" John may take a notion to pay us a visit of the same sort before long. We hope, however, that Col. Cranor will keep him back until our gallant Madcap (Metcalfe) gets his regiment organized. And then let him come."

Colonel Cranor, however, would soon have his hands full in the Big Sandy Valley. Events in August 1862 brought difficult and challenging times for Union men like Sudduth. Bragg's and Smith's invasion of Kentucky, multiple Confederate armies under Kirby Smith invaded the state, leading to the battles of Big Hill, Richmond, Munfordville. Most of central Kentucky was occupied by the Confederates. This emboldened Southern sympathizers. Sudduth's activities had made him a thorn in the side of the Confederates and a target. Sudduth's wife noted that "there is a Man in our town who said that the Rebels would hurt no one here but Maj. Sudduth and he would have to die or be taken Prisoner." Thus Sudduth, along with other Union men such as his friend James L. Warren, was compelled to leave home on September 2, 1862. He proceeded to Indiana from where he addressed a letter to new Kentucky governor James F. Robinson on September 10. Once again he offered his services to the Union and asked for the command of the now demoralized 7th Kentucky Cavalry, which mainly consisted of men from Bourbon County. It was formerly led by Col. Leonidas Metcalfe who had resigned in disgust after his unit was shattered at the Battle of Big Hill which took place on August 23, 1862, just one week after the regiment was mustered in. 

Rushville

Indiana 10th Septer 1862

Gov J. F. Robinson

Important business called me here but I am now ready and most willing to Serve my bleeding Country in any position you may assigne me. but as a work of charity would prefer the command of the Cavalry lately under the command of Col Metcalf as I feel Great confidence that I could verry soon make them useful and as I have personal knowledge of verry many of the officers and men and know them to be Good material I am most willing to make an untiring effort to reclaim them but if I cannot have that command I would be most happy to be commissioned by you to raise One thousand men in the Counties of Fleming Lewis Bath Rowan Morgan and Carter for three months service to drive out the Robbers who have possession of my home and property and are now devastating and that Country —

Gov I pray you not to consider mine as a verry common appeal to you when I inform you that I Got up the expedition of Nelson and Garfield and as an independent volunteer went with them receiving no pay and out of Scanty means bearing my own expenses and in the same way at the head of home Guards have for twelve months been actively defending my Country — At a portion of the history of my family permit me to Say That an Uncle of mine was killed in Harrods' defeat, two near my Grandfather Herod's Station in Clarke County Ky one at Fort Megs and one at the River Razin and a Brother at Fort Megs my Father was a pioneer of Kentucky Seven years before the Indians were driven out and with 30 men brought on the engagement under Genl Wayne at the Rappids in "94 I am almost the last of the family and do not wish to survive the Government of our Fathers and therefore most earnestly ask of you some situation in which I can Serve my Country

As to myself permit me to refer you to the letter of Genl Nelson to Hon J. J. Crittenden James Guthrie George D. Prentiss Garrett Davis Genl L. Combs Henry S. Lane Senator of Indiana W. H. Wadsworth and Martin P. Marshall

I shall most anxiously await an answer at Maysville Ky —

Most Sincerely

Yours

James Sudduth

Upon the urging of Bath County citizens Sudduth and other Unionists returned home after being told that it was safe to do so. He arrived in Owingsville on October 16, 1862 and made a short speech. Then he proceeded to Isles Mill to establish a recruiting camp. However, things did not go as well as he had planned and he decided to return home late the following evening. He spent the night at the house of his friend and fellow Union supporter James L. Warren, who lived on the Owingsville Turnpike at Rose Run, about four miles from town.

 

Meanwhile, General Humphrey Marshall's forces had arrived at Ticktown on their way back to Virginia as part of the Confederates' retreat from Kentucky after the Battle of Perryville. The secession sympathizers of Owingsville sent word to Marshall that 400 Union men were in town, under command of Sudduth, and that they were well armed and he could get them all and their Arms." Accordingly, elements of the 1st Kentucky Mounted Rifles, Trigg's Rangers and Fifth Kentucky Mounted Infantry left Marshall's camp the same night in direction of Owingsville. 

According to Sudduth's wife, "having been informed before they reached there that Col. Sudduth had gone to Licking to establish a camp, they sent a party of twenty-five after him, who arrived at Warren's after early breakfast on Saturday, the 18th." Warren had gone to a blacksmith shop near by, leaving Major Sudduth talking with his family. While thus engaged, one of Warren's younger sons, presumably James Warren who was sixteen years old at the time, came into the room and announced that some soldiers were approaching the house.

Warren House near Owingsville

Thinking they were his own men, Sudduth went to the front door to meet them. He stepped out to the portico, but when the soldiers were within a few yards of the house, he discovered his mistake. As soon as Henry Ewing, a brother of George Ewing, who commanded the rebel gang, saw Sudduth, he immediately called out "there is the Major." Major Sudduth advanced and, recognizing some of the rebels, shook hands with Henry Ewing and Walter and James Lane, the latter two being his own nephews. Ewing asked him if he would surrender and Sudduth remarked that he supposed he was their prisoner but told him to wait until he could get his hat. Sudduth stepped back inside the house, went into the room where he had slept, got his hat and rifle, and stepped out of the back door for the purpose of concealing the rifle, a fine Colt, which he valued very highly, before surrendering. 

As soon as he had stepped outside, two rebel soldiers came around the west corner of the house, and were ordered by the Major to leave. They all ran but just then Anderson Bowman made his appearance and levelled his piece at him, when Col. S. reminded him that he had surrendered. Regardless, Bowman fired, breaking Sudduth's right leg from the knee down and smashing the bone to pieces. About the same time and just as Major Sudduth was falling from this wound, another shot was fired from the east corner of the house by George Ewing who shot at Sudduth's back, grazing his right hip/ grazing his thigh.

 

Then a man by the name of Carpenter shot at his head, but his cap exploded. After Sudduth was in this wounded condition, Bowman drew up his rifle to fire a second time, but Sudduth, observing it, raised himself up on his knee and elbow and shot him through the heart. The Lanes were ordered to fire, but they refused, saying he was their uncle, though they stood by and did not interfere in his behalf.

Then two more of the rebels, Peyton Miller and Edward Sanders/Edwin Saunders, rushed to the back of the house, declaring that they would kill him. According to Sudduth's wife, "Mrs. Warren, her mother, a woman of eighty years of age, and a little girl of eleven, surrounded him and tried to shield him, but his assailants pulled them away and pushed them off, and regardless of their entreaties and cries threatened to shoot them if they interfered." (The identity of the eighty year old woman remains a mystery, as Mrs. Warren's mother had died in 1830. Her mother-in-law was also dead since 1825. The little girl may have been Florence Virginia "Jennie" Warren who was eight years old in 1862.)

By this time the entire band, some twenty-five in number, were present. Major Sudduth then laid aside his rifle and called  out that he surrendered." Then one of the rebels...(and depending on what account to believe, it was either Edward Sanders, a fellow named Jardus/Jarvis or Peyton Miller) caught Sudduth by the throat and choked him. But there is no disagreement as to who dealt out the final shot. Peyton Miller exclaimed, "G-d- d-n you, I'll give you surrender," placed a pistol to the top of his head and shot him." Sanders had his foot upon Sudduth's breast, leaving the print of it upon his clothes.

The rebels left Sudduth weltering in his blood and went to Owingsville, "where they made their boasts that they had killed him and showed his gun as a trophy. They afterwards heard that he was still alive but did not credit it, though Miller said if he thought the d—d old scoundrel was not dead he would go back and shoot him with his own gun, and Sanders said he would go and cut his throat. Subsequently, Capt. Magee and another man were sent back for his shawl. Mrs. Warren told them he had none, but they insisted that they had been informed by the citizens of Owingsville that he rode out in one."

Sudduth, "the brave old man, though speechless" lingered for two more days until the night of Monday, the 20th, when he succumbed to his injuries. His final resting place is unknown. 

When word of the affair reached Marshall's command that night, Edward O. Guerrant of Marshall's staff gave a somewhat different account. "Col. Trigg returned with his command from Owingsville. No Yankees there. Maj James Sudduth shot and killed Bowman of Miller's Bath Company, & was afterwards shot by Bowman,  Hop Bickley & L't Miller, - and will die. Shot through the head. Poor Bowman! He was a good & brave soldier. Yesterday, I saw him in health & strength. Today, how cold, how lifeless!! Soldier rest, thy warfare o'er."

The Louisville Daily Journal noted on November 19, 1862, "We have detailed the circumstances connected with this cold-blooded and cowardly murder, because we are anxious to name the men and the part they took in it. They were all raised in Bath county and the Ewings within a mile of Col. Sudduth's residence, and he has protected Henry for near a year, as the latter professed that he wanted nothing to do with the Southern Confederacy, but wished to remain loyal. These fiends in human shape are now at large, returning to their homes at pleasure and then going back to Humphrey Marshall's army. The citizens of Owingsville, who put these fiends upon the track of their victim and hunted him down like a wild beast, are known and should be punished, as accessories both before and after the fact of the murder. Such an outrage upon any citizen should not pass unavenged by the sternest enforcement of the laws, but Col. Sudduth met his death because he was a patriot, and one of the noblest specimens of mankind we have ever known."

Major Sudduth's widow Mary Ellen took her husband's death hard. She noted, "I cannot yet say what I shall do for I am broken hearted  it nearly kills me to think I had been so long separated from Mr Sudduth and that he came home just to be killed, the best Man that ever lived I am very sure and then he loved me so devotedly that he would have died for me any moment  it was so hard to have him butchered in the way he was by such as set of devils. It seems to me I never shall be able to realize that he is gone forever  as to being resigned to it it is impossible although I have to give him up."

Maj. General Gordon Granger, commander of the Army of Kentucky, considered Sudduth's death an act by guerrillas. On January 12, 1863, he offered a $1000 bounty for Sudduth's killers. 

Louisville Daily Journal, January 17, 1863

Attacks against Union citizens continued. Meanwhile, Major Sudduth's family was still dealing with the aftermath of his death. His widow Mary Ellen wrote on January 27th, 1863, that his son, "Newton is so much opposed to my leaving while he is here and I begin to think he will not leave here at all. He seems to have given up entirely and is drinking harder then I ever seen him and yet he is distressed to death about his Papa  says he has not a friend left if forsake him ... There are Squads of men passing in from the Rebel Army constantly and the Union men have to have every few Days to keep out of their way  A Man they took Prisoner near Mudlick Springs got away from them and was here last Sunday says they said they intended to kill Newt if it cost them their lives  Greenwade was in the gang. I have tried every way to get him to leave but have failed, and if they come here in a gang they will be sure to get him  he is drinking so much."

The following day, January 28, 1863, a party of 150 rebels under Thomas Greenwade who was recruiting a company under Humphrey Marshall, appeared at Mudlick Springs. Hiram Jenkins, who, according to Sudduth's widow, had tried his best to earn Granger's bounty money, was killed as was  Jenkins' son. 19 year old Thomas Yarber, son of Randolph Yarber and Annie Griffin from Olympian Springs, a paroled soldier of the 2nd OVI, was the third victim. He was a member of Company E, the Lafayette Guards from Cincinnati.

Thomas Yarber Pension index card

Sudduth's Rangers, who in the past were able to offer at least some protection against these type of depredations, were no more. Many of them had joined the army and there simply were not enough men left to form a Home Guard that would be of any service.

Sudduth's widow decided to write a letter to Brig. General John Quincy Gilmore, division commander of the Army of Kentucky, imploring him to send troops and protect the Union citizens. Just days later, her greatest fears became reality when on February 1, 1863, a group of 250 rebels entered Owingsville at a late hour, "stripped two boot and shoe stores completely—even taking baby shoes—then entered a dry goods house, from which they took all the cotton cloth, women's shoes, and other articles. They then gathered all the quilts in the neighborhood and all the sacks that could be found for the purpose of carrying off their plunder. They also took about one hundred of the best horses in the vicinity." Union authorities reported that Rebels entered Owingsville Sunday night [1st]; robbed all the Union stores, stole 40 or 50 horses, and took off as prisoners several Union men." William Newton Sudduth was taken by the rebels. Fortunately, he was able to escape and return home. Other Unionists, including John Miller, the Jailer of Bath county as well as Mr. Gill, the proprietor of the Olympian Springs, fled for their lives to Mount Sterling.  

 

On February 20, 1863, Mary Ellen Sudduth noted, "I have felt so bad and so much depressed that it is a bother for me to live. Four months to Day since my happiness on Earth ceased. I am ruined and miserable every day makes my troubles more and harder to bear, it is the hardest trial I have ever had by far all put together are nothing to compare to it. it seems as if never can be able to realize that Mr Sudduth is dead. No mortal was missed so much. There is a Report here to Day that Peyton Miller was taken by a Party of Col Cochrans men a few days ago but I am so much afraid it is not true." This may have been the arrest eluded to by the Louisville Daily Journal on February 23, 1863, noting that a report from Paris had announced the capture of at least one of the murderers of Sudduth. However, there are no records confirming Peyton Miller's arrest. 

On March 18, 1863, Mary Ellen Sudduth wrote to her sister Anna, "There was two of the Villains taken Prisoner in the Winter that was there and took part in it (Sudduth's murder; MP)  they were sent to Camp Chase and I am so afraid they will be released or exchanged  I never knew until after the Mail was stopped that they were there  Mrs Daniel said they eat Breakfast at her House and was bragging about it  their names are Jesse Nelson and a Man named Hadden or Hatten. I wish you would see some one and get them to write to the Proper Authority at Camp Chase or do it your self  I feel so anxious that all that took part in it should be punished." 

Mrs. Sudduth's fears seem justified. According to arrest records, Jesse Daniel Nelson and Thomas Hadden were capture in Powell County, Kentucky near Red River on December 26, 1862. Both men were sent to Vicksburg via Cairo for exchange, on January 11, 1863.  Nelson was paroled at Camp Douglas, Ill., on March 30, 1863. There is no further record for Hadden. 

On February 26, 1863, the Kentucky legislature introduced a bill appropriating "$500 for expenses incurred by Col. Sudduth, in the service of the State, in the raising of troops for the State." The Frankfort Daily Commonwealth reported, that "Mr. PRALL addressed the Senate in a few eloquent remarks of eulogy on Col. Sudduth, and earnestly advocated the passage of the bill, only as an act of justice. On motion of Mr. RHEA, the vote rejecting the bill for the benefit of the widow of Col. James Sudduth, was reconsidered, and some discussion then ensued on the merits of the bill, in which Messrs. WRIGHT, PRALL, SPEED, and GOODLOE, advocated its passage, and Mr. WORTHINGTON opposed it, as setting a bad precedent." The bill eventually passed. 

Several months passed until additional guilty parties involved in Major Sudduth's killing were apprehended on June 16, 1863, following a raid on Maysville by Pete Everett. The Maysville Eagle reported that "Jas. A. Connor, one of them captured at Triplett's Bridge, was present at the murder of Major Sudduth last fall. He has been heavily ironed and confined in a seperate cell." Also captured was Nicholas Hadden "who helped to Murder Mr Sudduth." Mary Ellen Sudduth noted, "I am so afraid he will be turned loose  as soon as I found out that they had him I wrote to Genl Sturgiss and he answered that he had written to the Provost Marshal to retain him and Jim Connor  that he intended to make them tell all that was engaged in it.." Connor and Hadden were sent to Lexington and then to Camp Chase, Johnson's Island and finally to Pt. Lookout, Maryland. Conner died on Aug. 12, 1864, from acute dysentery. Hadden was released on oath, April 12, 1864.

Mary Ellen Sudduth soon left her home in Bath County and moved to Fayette County to be closer to her family. According to a letter written by her from Owingsville on July 5, 1863, she seemed to have suffered from dropsy. She died a month later on August 4, 1863. The following note appeared in the Louisville Daily Journal, on Friday, August 7, 1863. "Mrs. Mary E. Sudduth died on Tuesday last at the residence of her mother, near Lexington. She was the widow of Major James Sudduth, of Bath county, who was so cruelly murdered by guerillas in that county last year."

Major Sudduth's son William Newton Sudduth never overcame his father's death as well as the loss of his step mother Mary Ellen who seemed to have been his support. He died on January 24, 1864, at the Manning House in Springfield, Illinois, from "pneumonia, caused by intemperance."

Sangamon Journal - Illinois State Journal
January 25, 1864

Approximately 25 men were part of the group that were involved in Major Sudduth's killing. 13 of them are known by name, two of them are not 100% confirmed. The rest of the group have remained unknown up to this day. Some of the men belonged to Robert G. Stoner's Bath County Company of Cavalry, later Co. E, First Battalion Kentucky Mounted Rifles. 

Peyton Morris Miller

3rd Lt. /Captain, Co. E, First Battalion Kentucky Mounted Rifles

He was born in 1838 in Missouri, the son of John T. Miller, a physician and his wife Isabella. In 1850, the family lived in  Bourbon County, Kentucky. In 1860, Miller clerked in a dry goods store in Owingsville. Burial site

Anderson Bowman 

Private/Sergeant, Co. E, First Battalion Kentucky Mounted Rifles

Edward E. Sanders/Edwin E. Saunders

Ordinance Sgt./ 1st Lieutenant, Co. E, First Battalion Kentucky Mounted Rifles, mustered out Nov. 20, 1862.

Son of Oliver M. Saunders and wife Mariah Burns. Born abt. 1842. Place of residence was Sharpsburg. Died 5 Aug 1865. burial site

John "Hop" Bickley

Private, Co. E, First Battalion Kentucky Mounted Rifles

Walter W. Lane

Corporal, Co. E, First Battalion Kentucky Mounted Rifles, mustered out Nov. 20, 1862.

b. 1836, KY. Lived in Bethel, Bath County in 1880 and was a teacher.

James N. Lane

Private, Co. E, First Battalion Kentucky Mounted Rifles, mustered out Nov. 20, 1862.

b. abt. 1842.

Both Walter W. and James N. Lane were sons of William S. Lane of Sharpsburg, KY.

Gustavis S. Magee

2nd Lieutenant, Co. A, First Battalion Kentucky Mounted Rifles. Asst. Act. Quartermaster.

B. abt. 1829, farmer in Harrison Co. KY in 1860, District No. 1.

George M. Ewing 

Captain, Co. H, 5th KY Mounted. Infantry. Mustered out Oct. 22, 1862.

Henry Ewing

Co. F, First Battalion Kentucky Mounted Rifles

Both Ewings were sons of iron master Joshua Ewing, who, with Harrison Connor, built Caney Furnace abt. 1837-38. Henry Ewing served as deputy sheriff of Bath County in 1860. There are no surviving service records for Henry Ewing. His service is mentioned in his obituary. He served as a commissioner of the Confederate Home at Pee Wee Valley.

James A. Conner

Private, Co. F, 2nd Battalion Kentucky Mounted Rifles

Captured at Tripletts Bridge, June 16, 1863. Arrived from Lexington, KY at Camp Chase, June 24, 1863. Sent to Johnson's Island, June 26, 1863. Sent to Point Lookout, Nov. 30, 1863. Died Aug. 12, 1864, Pt. Lookout, Maryland, from acute dysentery. 6' 4", hazel eyes, dark hair, dark complexion, 41 years old.

Jesse Daniel Nelson

Corp./Sgt., Co. E, 1st Battalion Kentucky Mounted Rifles, enl. Oct. 12, 1861, Camp Buckner, Cumberland Ford, present at muster-out Nov. 20, 1862, Abingdon, VA.

Private Co. E, 2nd Battalion Kentucky Mounted Rifles, enl. Dec. 20, 186?, captured Dec. 25, 1862.

When captured he gave his names as Jesse Daniel Nelson and his unit as 5th Kentucky Cavalry. Captured Dec. 26, 1862, Red River, Powell Co. KY.; taken to Lexington, KY; sent by Provost Marshal to Vicksburg for exchange, Jan. 2, 1863 (date appearing on roll of prisoners); sent to Vicksburg via Cairo, Jan. 11, 1863; paroled Camp Douglas, Ill. March 30, 1863; no other service record.

Thomas Hadden

Private, Co. A, 5th Kentucky Cavalry, sent to Vicksburg via Cairo, Jan. 11, 1863; no other service record. Captured with Jesse Daniel Nelson.

Nicholas Hadden

Private, Co. B (Pete Everett's Company), 1st Battalion Kentucky Mounted Rifles

Enl. Sept. 1, 1862, Mt. Sterling; absent since Oct. 20, 1862; captured June 16, 1863, Triplett's Bridge, received at Camp Chase June 24, 1863 from Lexington, KY; 6 ft; 23 years old, blue eyes, light hair, fair complexion; Transf. to Johnson's Island June 26, 1863; sent to Point Lookout, Nov. 30, 1863; released on oath April 12, 1864. 

B. abt. 1840, from Montgomery County, Kentucky. 

Uncertain about exact identity

M. Carpenter

Private, Co. H, 5th KY Mounted Infantry, mustered out Oct. 22, 1862

OR

Willis Green Carpenter

Private, Co. D, 5th KY Mounted Infantry until mustered out October 20, 1862 at Hazel Green; captured July 22, 1863, at Mt. Sterling and went to Camp Chase until February 8, 1865 when released upon taking the oath. CSA pension. From Bath County, KY but resided in Morgan County, KY in 1865.

James L. Jarvis

5th Sgt./hospital steward, Co. E, 5th Kentucky Mounted Infantry

Links of Interest

Abraham Lincoln papers: Series 1. General Correspondence. 1833-1916: James Sudduth to John B. Temple, Sunday, April 27, 1862 (Affairs in Kentucky)

Civil War Governors of Kentucky: James Sudduth to Governor James F. Robinson

Cooper-Phillips family papers, letters from Ellen Cooper to Anna Cooper, University of Kentucky Special Collections

Civil War in Bath County from a Civilian Perspective - Mary E. Sudduth's letter to General Quincy A. Gilmore

Colonel Roy S. Cluke and the Arrests of Dr. Joshua Barnes & George W. Deatley

Researched, transcribed and written by Marlitta H. Perkins, April 2022. Updated May 1, 2022. Copyright © 2022, All Rights Reserved.

The Loyalty of James Kendall Hunter

James Kendall Hunter

James Kendall Hunter was born in Morgan County, Kentucky, about 1832. He was the son of Benjamin Franklin “Francis” Hunter, also known as “Captain Frank”, and his wife Elizabeth Drake. Both Francis Hunter and his wife were Virginians by birth and came to Kentucky via Tennessee. The family lived in Pike County, Kentucky for a few years before settling in Morgan County by 1830. Over the next 16 years, Francis Hunter amassed a wealth of property in form of land grants. Most of the 1,600 acres he was awarded was situated between and along the Open Fork and Middle Fork of Little Sandy River.

We do not have much information regarding the early years of James K. Hunter, his childhood, upbringing or education but it appears that he inherited his father’s sense of business. In 1850, he was still living with his parents, working as a laborer. Ten years later, James K. Hunter was a substantial land owner in his own right, listing $3800 real estate and $1660 personal property in the 1860 Morgan County Census. On January 20, 1859, ready to support a wife and family of his own, he married Mary “Polly Ann” Clevenger, the 14 year old daughter of Pleasant Clevenger and wife Margaret Hamilton, in Morgan County, Kentucky. This marriage lasted only a few months. In absence of records we are only able to speculate what happened to Mary but it is entirely possible that she died, perhaps from complications of pregnancy or childbirth.

James K. Hunter did not mourn the loss of Polly Ann for very long and soon was courting Edy Howard, the 17 year old daughter of Dyer Howard and Celia “Sealie” Adkins. There is no record for this marriage, but by June of 1860, James K. Hunter was living with his new wife Edy and four month old daughter Almarinda, in District One of Morgan County, near Gordon Ford in Horseshoe Bend of Licking River.

The following year, the dark clouds of war soon overshadowed Hunter’s happy home life. In early fall of 1861, James K. Hunter began raising a company of volunteers for the Confederate Army. James H. Morgan, a Morgan County resident who later had to flee from the rebels and live as a refugee in Greenup County, stated that, “about Oct 1, 1861 James Hunter, in Company with some others took affiants gun from him. Hunter was then in the Rebel service, & from the information I had was a Captain in the Rebel Army.” A good portion of Hunter’s men came from the Middle Fork District in Morgan County, KY. He was joined in his recruiting efforts by his brother-in-law Peter M. Fannin, husband of his sister Nancy.

On October 21, 1861, the company was enlisted in the Confederate service at West Liberty by Andrew Jackson May. Two days later, federal troops under General William "Bull" Nelson captured West Liberty and the Confederates were forced to beat a hasty retreat to Prestonsburg. It was here, on October 25, 1861, that James K. Hunter and his men were sworn into the service by Lt. R. B. Howard. His company became Co. B of the 5th KY Mounted Infantry, commanded by Colonel John S. Williams. Hunter was elected Captain, Henry T. Stanton, a young lawyer from Maysville , 1st Lieutenant, and both Joseph Adkins and Peter M. Fannin, 2nd Lieutenants.

The following month, after the Battle of Ivy Mountain on November 8, 1861, the Confederates retreated into Southwestern Virginia, while the 5th KY Infantry encamped at Pound Gap. After nearly a month, Confederate forces, including the 5th KY Infantry, under command of Brig. Gen. Humphrey Marshall, re-entered Eastern Kentucky and slowly proceeded down the Big Sandy Valley. By December 1861, a camp was set up at Hager Hill, in Johnson County, near Paintsville where more recruits were received and supplies were gathered. Captain James K. Hunter arranged to have 122 hogs driven to camp which he sold to the CS Government for a whopping $1,151.76 on January 4, 1862.

Receipt for $1,151.76 for 122 hogs

Less than a week later, on January 10, 1862, Marshall’s troops faced the Union forces under Colonel James A. Garfield at Middle Creek in Floyd County, Kentucky. The battle ended with a Confederate defeat. Marshall left the field and retreated with his men to Martin’s Mill in Floyd Co. KY. It was here, in camp on Beaver Creek, where Captain Hunter was paid for his hogs, on January 15, 1862. Twelve days later, on January 27, 1862, the 5th KY Infantry, including Hunter’s company, was encamped on the banks of the Kentucky River, near Whitesburg, Kentucky. Hunter requisitioned camp and garrison equipage such as tents and clothing for his men and was generally attending to his duties.

What happened next was unexpected and is truly inexplicable. Within a matter of days, Captain Hunter deserted his men and his regiment and returned home to Morgan County. Why he did not simply choose to resign instead of deserting his men is hard to explain. Was he pressed by some urgent matter, was he physically unable to withstand the rigors of campaigning and military life, or did he become disillusioned with the Southern cause? Or were his actions due to pressure by his family who were, for the most part, Union supporters? After all, during the course of the Civil War, no less than three of James K. Hunter’s brothers, four nephews and one brother-in-law enlisted in the Union Army.* His father Francis was also known to be a loyal man. Unfortunately, the records are silent and void of any reasonable explanation.

Company Muster Roll, Co. B
5th KY Infantry (CS)
Dec. 31, 1861 - Apr. 30, 1862

Regardless of Hunter’s motives, he returned home to his wife and young daughter but his stay, for the time being, was cut short. About February 7, 1862, a federal cavalry patrol, Wolford’s 1st KY Cavalry, captured James K. Hunter at his Morgan County home and brought him to Camp Buell, Garfield’s Headquarters, at Paintsville, Johnson County, KY. Surprisingly, Hunter was not sent off to Newport Barracks or Camp Chase as a prisoner of war. Undoubtedly, Garfield interviewed Hunter and must have been sufficiently convinced that Hunter was not in communication with the rebel army anymore or aiding the enemy. Yet, Garfield still did not trust him enough to release him simply on his word of honor. James K. Hunter was allowed to post bond and, upon taking the oath of allegiance, he was permitted to return home.

Head Quarters 18th Brigade
Camp Buell Feb 13 1862

James K. Hunter of Morgan county Ky having come into camp and taken an oath of allegiance to the Government of the United States and entered into bonds to remain a true and faithful citizen. (He) thereof is hereafter considered as under the protection of the Federal Army and will in no way be molested so long as he shall remain at home a peaceable citizen.

By order of
Col. J. A. Garfield
Comdg Brigade

W. H. Clapp
A. A. G.

Garfield's order dated Feb. 13, 1862

During the following months, Hunter seemed to abide by the terms and conditions of the oath and bond and remained at his home in Morgan County, attending to his own personal affairs. John T. Shepherd, postmaster at Grayson, Carter Co. KY noted that, ”when I saw him he was attending to his business as any other citizen After he gave bond as aforesaid For the Purpose of ascertaining whether he was Keeping the Condition of his Bond - at Every Chance I had - I made Enquiry of his neighbors where he was and what he was doing and always understood that he was at home and behaving himself.” James M. Gray of Morgan County noted that Hunter, “since he gave a bond to Col J A Garfield in the winter of 1862 that he has since that time he has been at home or not connected with either army Federal or confederate.”

Another child was welcomed into the family who was named Jefferson Davis Hunter. The first name is an interesting choice but in absence of an exact birth date it remains unclear if the child was named before or after his father’s desertion from the Confederate Army.

At the beginning of August 1862, the State of Kentucky was threatened by a massive Confederate invasion under Generals Bragg, Kirby Smith and Humphrey Marshall.

On September 17, 1862, Marshall’s men, including Hunter’s former regiment, the 5th KY Infantry, arrived in Morgan County, and, “marched thru West Liberty with a brass band and drum and fife in great pomp.” The soldiers received a warm welcome. James K. Hunter, however, may have looked upon this spectacle with mixed feelings. Captain Joseph Adkins, who was now commanding Hunter’s Company B, promptly stopped at Hunter’s home and arrested him, and, according to Davidson Davis, “forced him of as a prisoner much against his will.” James M. Gray, Hunter’s neighbor, stated, “that he was present at J. K. Hunters and seen him taken off under an arrest by some of Capt Adkins Company of Gen Marshals.” F. C. Walsh later saw, “a portion of the soldiers of the Confederate Army as they passed through West Liberty. James Hunter, was with a lot of soldiers I saw He was acting with them but in what Capacity, I did not hear any one say; don't know that he was captain.” Jackson B. Ward and Benjamin F. Crawford stated that Hunter was taken “away by the Rebels a prisoner”.” Jesse K. Howard noted that, “Men under Colonel May of the Rebel army arrested James K Hunter and took him off to the Rebel Army and he was then dismissed and allowed to Come back home.” Eyewitnesses such as Davidson Davis and James M. Gray added that Hunter was gone “some ten or twelve days.”

After his return to Morgan County, James K. Hunter went into the horse trading business with Jesse K. Howard. At the end of 1862, Hunter and Howard proceeded to Greenup County and lodged at Seymore Harding’s hotel in Greenupsburg, waiting to board a steamship to Cincinnati. According to Harding, “They had some horses they told me they were taking them to Cincinnati to sell them.” A similar trip was undertaken about mid-February 1863.

During a third trip at the end of March of 1863, Hunter was recognized in Greenupsburg by some Morgan County refugees, among them James H. Morgan, who notified Provost Marshall William C. Ireland of his presence. “I am informed by refugees from Morgan Co. that James Hunter was a Captain in the Rebel Army, and was commanding a Co., at the battle of Middle Creek on Big Sandy, “noted Ireland. It was also stated that Hunter had, “raised a Company, and went into the rebel service“, during the Confederate invasion of Kentucky in the summer of 1862. “Went off and was gone until a month or so ago.”

Ireland decided against an immediate arrest of Hunter and Howard and instead, addressed a letter to Enoch T. Carson, Collector of the Port of Cincinnati and the United States, on March 21, 1863. “Not being advised as to who is in military command at your city, I write you, knowing that you will place this in proper hands. There is now at this place two men waiting for a boat to go to your city. James Hunter, and Jesse K. Howard. They have 4 horses, and a gray (?), that they say they are taking down to Sell … I would have arrested them here, but have no forces at my command, and no safe place to keep them. I would arrest notwithstanding, but for the fact that they are going to your city where they can be properly cared for. If they are arrested, and if proof of the facts stated is required, I will forward testimony.” He added a physical description of Hunter and Howard. “Hunter, is about 28, or 30 years of age, dark hair, dark whiskers, about 6 feet high. He resides I understand in Morgan Co. Ky. Is a son of Frank Hunter who is said to be a Union man … Howard, who is with Hunter, is a large man - weighing say 180 lbs. dark hair, age about 30 years … Both wear soft black hats. Howard, has some hair on chin of rather (?) sandy color.”

Apparently unaware of the trouble that was brewing, Hunter and Howard boarded the next steamship at Greenupsburg with their horses and proceeded to Cincinnati. Upon their arrival on March 25, 1863, both men were promptly arrested and their horses seized, upon orders of Colonel Eastman. Hunter and Howard were then taken to the barracks on Columbia Street in Cincinnati.

Meanwhile, Provost Marshal William C. Ireland made every effort to locate witnesses for this case but believed that, “it would not be safe to go to Morgan Co.” Despite the apparent hurdles, Ireland managed within three weeks to obtain the affidavits and statements of 15 witnesses. On March 31, 1863, James K. Hunter’s father Frank stopped at Ireland’s office with two affidavits in his pocket in favor of his son while on his way to Cincinnati. Ireland did not seem to be completely satisfied, however, and continued to search for witnesses. The last affidavit in Hunter’s case was taken on April 8, 1863.

It appears that Jesse K. Howard was soon released and was allowed to return to Morgan County. Provost Marshal Ireland noted that, “They say Howard, who is with Hunter, has never been in the Rebel Army but is a sort of tool for Hunter.” James H. Morgan noted that, “I have known Jesse K. Howard for several years and so far as his Loyalty is concerned within my own knowledge I cannot say but this much I can say - I have never heard of his Taking any part whatever in this Rebellion so far as truth or veracity is concerned I have never heard him doubted.” James Walsh, a private in Co. D, 14th KY Cavalry (US), knew Howard well and characterized him as a “notorious rebel & sympathizer” but as far as he knew or believed he had never been in arms.

In regard to James K. Hunter, Greenup postmaster Joseph Pollock stated, “that a short time after the Federal forces under Genl George Morgan passed through this place, he had a talk with several men, some of whom were members of the 22nd Ky Infantry, & others Tennesseans … These men informed me that they learned as they passed through Morgan Co. Ky, that a man by the name of Hunter, was trying to get recruits for the Rebel Army. I do not remember that they gave his given name, but I learned from them (?) that he was a son of Frank Hunter of Morgan County, and that he had been before that time in the Rebel Army.”

US Brig. General George W. Morgan had entered West Liberty with his 7th Division, Army of the Ohio, on September 28, 1862, only 11 days after Hunter had been taken off as a prisoner by Captain Adkins of the 5th KY. As witnesses had stated, Hunter did not return home until some ten or twelve days later. Since Hunter was most likely still absent from Morgan County during the time Federal Morgan’s troops passed through the county, it would only be natural for people to speculate or assume that he had re-joined the Confederate Army and make statements to that effect to the Union troops. But return he did shortly thereafter and “since that time he has been attending to the ordinary avocations of life and not in the army,” as was noted his neighbor James M. Gray.

Interestingly, the initial statement by an unnamed witness to Provost Marshal Ireland that Hunter “Went off and was gone until a month or so ago”, which would fix his date of return to Morgan County to mid to late February of 1863, does not appear in any of the witnesses’ affidavits. Furthermore, it was easily discredited by Seymore Harding’s testimony who had seen Hunter and Howard in Greenup at his hotel at the end of December 1862 and again in mid- February 1863, on their way to Cincinnati to sell horses.

Seymore Harding affidavit, March 29, 1863

Harding’s testimony also raises doubt about James H. Morgan’s statement that, “Sometime in December I was in Morgan County, and heard it said that Hunter has been trying to raise a company for the Rebel service,” but Morgan himself admitted that, “of the truth of the matter, personally I know nothing.” It is possible that Morgan had personal reasons to implicate Hunter, and was trying to get even for the visit that Hunter had paid him in October 1861, when his gun was taken from him.

The overwhelming majority of the witnesses testified in Hunter’s favor, stating that, once he returned to Morgan County, after being captured by Captain Adkins and taken off as a prisoner, Hunter had remained home and attended to his own business. Davidson Davis noted that Hunter,“has since been at home or attending to his ordinary business of life and that he has frequently heard said Hunter say that he never intended to violate his bond that he had given. “Jackson B. Ward also added that “from all I have been able to See or hear of him he has been guilty of no disloyal acts or Conduct.”

Additionally, on March 31, 1863, Robert F. Prater, a soldier of Company B, 14th KY Cavalry (US) was questioned and cross-examined in Cincinnati, in reference to the loyalty of James K. Hunter to the Government of the United States.

An excerpt is given here:

Robert F. Prater first duly sworn deposeth and sayeth:

Question 1st. ~ What is your age. Where do you reside and what is your occupation.

Answer. Twenty Three years of age. I reside in Morgan County, Ky. Soldier in the United States Army.

Question 2d. ~Are you acquainted with James K. Hunter and how long have you been acquainted with him

Answer - I am acquainted with James K. Hunter and have known him for five years.

Question 3d. ~What is said James K. Hunter's reputation.

Answer - His reputation as far as I know is good.

Question 4. ~What do you know of his loyalty since February 7th 1862.

Answer. As far as I know he has been loyal ever since.

Question 5. ~Do you know of his having raised a company for the Rebel army since February 7th 1862.

Answer - He has not raised a company that I know of

Question 6. What portion of the time since February 7th 1862 have you resided in the same vicinity with defendent

Answer - About Six months

7 Question . ~Have you been in his vicinity since the 1st of september 1862

Answer - I have

8 Question ~ Do you know of defendent having raised a company for the Rebel army during the month of August 1862 or at any time since

Answer - He has not that I know of my reason for so stating is that I have frequently been through the neighborhood where he resides as a scout as a soldier during the fall and winter of 1862 and he was at home

The records do not disclose whether the charges of disloyalty against Hunter were dropped or not but in view of the testimony in favor of his case it seems unlikely that he was held by the authorities for very long. It may be noted that James K. Hunter’s name does not appear on any Confederate military records after his desertion in 1862 which lends added credibility to the statements made by witnesses who testified on his behalf.

Hunter returned home and during the remaining war years, two more children were added to the family - daughter Arvilla, born abt. 1864 and son William D., born ca. 1865. George Montgomery, born in March of 1866 and Laura B., born abt. 1868, soon followed.

After the end of the Civil war, James K. Hunter rose to prominence in local affairs. In 1869, we find James K. Hunter as a resident of the newly formed Elliott County, KY. On April 5, 1869, the county seat was laid off on a one acre plot in Martinsburg that had been generously donated by Hunter. On the same day, a committee composed of James K. Hunter, G. W. Stamper, W. H. Vansant, Travis Horton and A. Ison met at Hunter’s home for the purpose of dividing the county into five districts, or voting precincts.

On May 25, 1869, the first session of court conducted in the new county was convened Hunter’s steam mill on the bank of Little Sandy River. James K. Hunter served as the first Elliott County Judge and his mill was fixed as the permanent meeting place for both county and circuit court until a more suitable place could be found and provided.

The 1870 Elliott County Census reveals that Hunter had made it through the Civil War financially unscathed. He was a merchant in Martinsburg and owned $8000 worth of real estate and $12,200 personal property. During the same year, on July 3, his daughter Mollie Belle Barbour Hunter was born. Hunter seemed at the height of his personal and professional life and was considered an influential citizen. Two short years later, tragedy struck when James K. Hunter was killed by a fall from his horse. The exact circumstances of his death remain unknown. The 1873 Elliott County Tax List shows Judge James K. Hunter as deceased. His final resting place is in the Old Sandy Hook Cemetery. His 29 year old widow Edy Hunter, who was left to raise 7 small children, joined her husband’s side 44 years later, on August 23, 1916, one day after her death at Sandy Hook of cerebral hemorrhage.

Eda "Edy" Hunter Death Certificate

*James K. Hunter’s Family Members in the Federal service
Nephew - James M. Vansant, Co. B, 14th KY Cav (US) – son of J.K. Hunter’s sister Lavisa Susan
Nephew - Sylvester Green Hunter, Pvt., Co. B, 14 KY Cav (US) – son of J. K. Hunter’s sister Emerine

Brother - Squire Henderson Hunter, Pvt., Co. C, 40th KY Inf. (US)
Nephew - James M. Hunter also Pvt., Co. C, 40th KY Inf. (US) – son of Squire Henderson Hunter

Brother-in-law - Lewis A. Thornbury, Sgt. Maj. in Co. D, 39th KY Inf. (US)– husband of J. K. Hunter’s sister America. Lewis A. Thornbury was a brother of Captain Martin Thornsbury, Co. D, 39th KY Inf. (US)
Brother - Kenas F. Hunter, Pvt. Co. D, 39th KY Inf. (US)
Brother – William Thomas Hunter, Pvt. Co. D, 39th KY Inf. (US)
Nephew – Martin Hunter, Pvt. Co. D, 39th KY Inf. (US) – son of J. K. Hunter’s brother Sylvester D.


Source Records
Compiled Service Records, Confederate and Union
Confederate Citizens files
Union Provost Marshal Records


Article researched and written by Marlitta H. Perkins, December 2012. Unauthorized use and/or duplication without express written notice by the author is strictly prohibited. © 2012. All Rights Reserved.

The Death of Tandy F. Jones

Tandy F. Jones was born in 1840 or 1841 in Floyd County, Kentucky, the son of John Ray Jones and his first wife Satira Stanley. The Jones family migrated from Virginia, possibly Scott County, by the 1830’s and settled on Mud Creek in Floyd County, Kentucky. After the death of Satira, John Ray Jones married Phoebe Sturgill and moved to Johnson County, Kentucky around 1857 and settled in the Flat Gap area.

Flat Gap, Johnson County, Kentucky

On May 22, 1860, Tandy F. Jones married Susannah Sagraves, daughter of Joseph Sagraves, Jr. and Nancy McDowell. When the Federal Census was taken on July 12, 1860, the couple was still living in the household of Tandy’s father and step-mother, along with several siblings and his grandmother.

By the time the Civil War had begun in 1861, the newlyweds had set up housekeeping, possibly on Susannah’s father’s place. Sagraves operated a mill on Lower Laurel Fork of Big Blaine Creek and was a near neighbor of John R. and John B. Wheeler. All the couple had to their name was one milk cow. In October 1861, Tandy’s older brother Lemuel G. Jones enlisted as a private in Co. D, 14th KY Infantry (US), along with a number of other men from Jones’ neighborhood which was predominantly Union. Tandy on the other hand remained quiet on the subject. Even though his principles seemed to be leaning towards the Secessionists, he never said or did much in support of either side. This all changed in December of 1861, when Tandy, along with his brother-in-law William Sagraves, joined Co. K, 5th KY Infantry, Mtd. (CS) It is questionable whether their enlistment was entirely voluntary. William R. and John B. Wheeler testified that Jones and Sagraves, “would not Have Went if they had not been scared into it by their party we believe them to be Common moral Citizens.”

William R. and James B. Wheeler Affidavit

Events that followed seem to support testimony of the Wheelers. On January 9, 1862, one day before the Battle of Middle Creek, Tandy F. Jones and William Sagraves deserted the Confederates and were making their way toward the Union lines to give themselves up. Sagraves was still armed but Jones was not when they reached the outer picket line of the 14th KY Infantry. They were promptly arrested and taken under guard to the Union camp in Paintsville and placed into the guard house. Commander Col. James A. Garfield stated, “On Examination the(y) confessed that they were from the rebel army and from ignorance or fear did not call any witnesses to show that they had deserted & come in voluntarily.” Unaware that both men had surrendered on their own free will, Garfield sent Tandy F. Jones and William Sagraves as prisoners of war in company with fifteen others from Paintsville to Newport Barracks. After a brief stay, both men were forwarded on February 10, 1862, to Camp Chase in Ohio.

It is not entirely clear how Garfield became aware of the true nature of Jones’ and Sagraves’ arrest, perhaps through the interference by family and friends, but on February 15, 1862, he addressed a letter to Judge Advocate General Colonel Luther Day, with a recommendation that Jones and Sagraves be released on taking the oath of allegiance to the U. S. Government. Garfield enclosed an affidavit by William R. and John B. Wheeler, taken on February 14, 1862, who testified on behalf of both men before Johnson County Justice of the Peace E. Lemaster.

Garfield’s letter was received on March 5, 1862 and forwarded to Adjutant General Lester Thomas. In turn, Garfield’s recommendations were sent to Ohio Governor David Tod who respectfully returned the letter to the Secretary of War, with the recommendation, “that favorable action be had.”

Meanwhile, on March 7, 1862, Jones and Sagraves, along with 42 other Kentuckians who were prisoners at Camp Chase, addressed a letter to, “His Excellency the Governor, the Chairman and Members of the General Assembly of the Commonwealth of Kentucky ... That all constitutional measures may be resorted to by your honorable body for our restoration of our homes, families and loyalty, and for full and complete relief, we would ever pray."


Letter to the Governor of Kentucky
March 7, 1862

 On April 8, 1862, by order from General James A. Garfield, Jones and Sagraves were discharged from Camp Chase, after taking the oath of allegiance on April 7, 1862. Tandy F. Jones’ physical description was as follows – he was 21 years old, stood 5’7” tall, had a light complexion, blue eyes, dark hair and brown whiskers. William Sagraves was 27 years old, stood 5’9” tall, had a dark complexion, dark eyes, dark hair and dark whiskers.

Tandy F. Jones Oath of Allegiance

After their release from Camp Chase, both men returned to their homes in Kentucky. By all appearances, Tandy F. Jones kept the terms of his oath, which in part stated, “I fully understand if I violate this oath and am again found in arms against the Government of the United States or aiding or abetting its enemies the penalty is death.” There is no evidence to suggest that he ever served in another Confederate unit. Tandy took up farming, raised some corn and wheat and tended to one horse, two cattle and five hogs. Nevertheless, military and prison life had left him a sick man. He suffered from dysentery, also known as flux or bloody flux, an intestinal inflammation which leads to severe diarrhea with blood in the stool. This disease was one of the great killers during the Civil War. Jones thought drinking water from a sulphur spring would cure his disease.

In August of 1862, the Confederate invasion of Kentucky began and on September 13, 1862, CS General Humphrey Marshall’s troops, including the 5th KY Infantry, Mtd., arrived at Salyersville in Magoffin County, KY. At this point many who had previously deserted rejoined the 5th KY Infantry, including William Sagraves. Tandy Jones, on the other hand, remained at home.

Between September 14 and October 5, 1862, a scouting party of ten men, under the command of Lieutenant John W. Ferguson, Co. F, 5th KY Infantry, left Salyersville, with orders by their Captain Henry G. Colvin, to shoot any man who wouldn't halt. The scout proceeded to Johnson County, possibly to hunt up deserters and appeared at Tandy F. Jones’ house as he was returning from one of his trips to the sulphur spring. Upon seeing the soldiers, Jones made an attempt to escape. William Tackett, one of Ferguson’s men, testified on May 26, 1863, that “Jones was halted several times, before he was shot. I did not see him shot, he had turned round the house, and when I saw him again he was coming back. My belief is that he was running at the time he was shot. He was running very swiftly when I saw him and had only about 10 steps to go to get into the woods.” A witness by the name of Rice, possibly Sam Rice, who happened to be present when the killing took place, later reported a slightly different story to Tandy’s brother Lemuel “Lem” Jones. According to Rice, when Ferguson’s party came across Tandy Jones, he ran about 15 feet, was halted by Ferguson, and on his coming back, having surrendered, Ferguson gave the order to fire on him, which was done and Jones was killed. Local lore that has been passed down through the years tells of Jones making an effort to escape and crossing a rail fence. When he reached the top, he was shot in the back where his gallowses crossed and died instantly.

Ironically, Ferguson was not aware that Tandy Jones was a deserter when he gave orders to shoot him. Yet Tandy Jones was aware of the danger of being shot as a deserter and attempted to escape. William Tackett confirmed that Jones’ fears were not unfounded. He stated, “I believe they would have shot Jones had they known it was him.” Known members of the scouting party were 1st Lt. John W. Ferguson, 1st Corporal William “Will” Jayne, private William Tackett, and possibly 2nd Lt. Hayden Ferguson. The names of the others have not been discovered. Ferguson’s party was accompanied by former 5th KY soldiers James Patterson, Andrew J. Osborne and possibly by Patterson’s brother-in-law William W. Estep, although his name was never mentioned in any of the existing records.

Tandy Jones’ death created a disturbance among his family, friends and neighbors, the effects of which were felt for years after. This may have been in part due to the fact that Tandy’s wife Susannah was either pregnant with their daughter Alana or the child was just an infant. According to one local historian, the emotional temperature arose to such a great magnitude that a group was organized “for the purpose of safety and to execute the executor.”

Tandy Jones’ killing may have haunted 18 year old William Tackett. He deserted the 5th KY Infantry shortly thereafter and enlisted in the 14th KY Infantry (US), on October 5, 1862, at Paintsville, Johnson County, KY. Tackett was soon gone from the area.

James Patterson and his family disappeared entirely from the Johnson County tax lists in 1863 and thereafter. It appears that Patterson and his family went back to Virginia, quite possibly Rye Cove, sometime after the 1862 harvesting season was over. He may have been accompanied by his nephew William W. Estep, who, according to family stories, left Johnson County with his family about the same time. Patterson and Estep were back in Johnson County by summer of 1864. An assassination attempt nearly cost Patterson his life, which he survived by a stroke of luck. Patterson, a native Tennessean, later returned to his home state.

The fate of Andrew J. Osborne at this point is uncertain. According to local history, a few days after the assault on Patterson, three strange men passed by the house of Andrew J. Osborne and shot him while he was working in his garden. It is believed by some that his death was directly related to his involvement in the killing of Tandy Jones and was an act of revenge. Other accounts claim that Osborne died in the Battle of Paintsville on April 13, 1864. The true circumstances of his death may warrant closer examination in the future.

William W. Estep was killed by a sniper near Flemingsburg, Fleming County, KY, towards the end of the war. His body was disposed of in such a manner that subsequent attempts by the family to locate him were fruitless, despite the fact that he may have been accompanied by one of his brothers when he died.

William Jayne served in the 5th KY Infantry, which was part of the famous Orphan Brigade, until 1865. He voluntarily surrendered on May 5, 1865, at Macon, Georgia. Jayne returned to Johnson County where he lived peacefully and raised a family. About 1906 or 1907, he moved to Boyd County, KY, and lived on a small farm. William Jayne’s final move was to Lake City, Florida, in the spring of 1917, where he died the same year.

Hayden Ferguson continued to serve in the 5th KY until the end of the war. He left Kentucky and settled in Georgia by 1870.

His brother Lt. James W. Ferguson resigned his commission in the 5th KY Infantry in October of 1862. The reason were, he claimed, that, “he had become convinced that he was fighting on the wrong side and that the South was wrong.” Ferguson returned to Johnson County, settled his personal business and disposed of all his properties. He was captured by the 14th KY Infantry (US) on May 12, 1863 and charged with treason and being a rebel officer. After he was tried by a military commission, Ferguson was sent to Camp Chase and later Johnson’s Island. Two months later Ferguson applied to take the oath of allegiance in order to return to Kentucky and remain a "peaceful citizen", but refused to be sent South upon exchange. While at Johnson's Island, the doctors diagnosed him with an incurable disease for which he received treatments. Ferguson was finally released on taking the Amnesty oath on April 27, 1865 at Johnson's Island. He never returned to Johnson County, fearing, perhaps, repercussions in regard to his involvement in Tandy Jones’ death. Ferguson settled in on Briar Fork in Elliott County, KY, where he died from kidney disease on May 8, 1875, at the age of 44.

Nothing is known about the fate of Tandy F. Jones' wife Susannah who disappeared from the records after 1862. Daughter Alana was taken in and raised by her grandparents Joseph and Nancy Segraves. She married James Abraham Garfield Spradlin on Dec. 2, 1880 and moved to Lower Twin Branch, Johnson County, KY. Their marriage was short lived as James died in 1884 at the age of 23, followed by Alana in February 1887, at the age of 26. Thus closed a tragic chapter in the history of Johnson County, KY.

Sources
Provost Marshal Records
Letters to the Adjutant General
Compiled Service Records, Confederate / Union
VF Family History Folder, Johnson Co. KY library: Estep/Cantrell/Salyer Family; account by Elmond Davis.
Hanging files, Johnson Co. KY library, anonymous account.
Johnson County, Ky Tax Lists
Johnson County, KY Federal Census records

Researched and compiled by Marlitta H. Perkins, November 2012. The author would like to thank Mark Bryant for his valuable insights. Unauthorized use and/or duplication without express written notice by the author is strictly prohibited. © 2012. All Rights Reserved.