The Ticktown Murders and Fiery Retribution

Map of the Ticktown and Camargo area, Montgomery Co. KY (1879)
Source: Library of Congress

In the fall of 1863, the small village of Ticktown in Montgomery County, Kentucky, was burned to the ground by Unionists. What led to this event?

Ticktown, also known as Jeffersonville, began as an important trading center for cattle in Eastern Kentucky during the mid-19th century. It was located roughly eight miles southeast of Mt. Sterling, KY. The origin of the name is obscure but it is believed that the town was either named after the tick grass grown in the area or the ticks found in the cattle stalls. During the Civil War, the town became known as a safe harbor for rebel guerrillas such as the notorious Tom Greenwade.

Several incidents preceded the burning of Ticktown. On Sept. 28, 1863, some twenty or thirty guerrillas made a raid on Sharpsburg, Kentucky and stole fifteen horses as well as other items and subsequently  escaped army scouts. Oneof the units in pursuit was Captain Simon Cockrell, 47th Ky. Mounted Inft. (US) who, with a detachment of 15 men, was searching for the guerrillas in the farmland east of Mt. Sterling. At one point, Cockerell sent five of his scouts, namely Pleasant  Martin, Asbury Nickell (son of Spaniard Nickell), Charles Little, (son of Phillip Little), Reason Grayson and Robert Nickell, off on their own search. Most of these men were friends and nearby neighbors of Captain Cockerell who lived in Morgan County, with the exception of Reason Grayson who was a resident of Bath County.

When the small group reached the vicinity of Camargo, they were surprised by a party of a dozen guerrillas and taken prisoner. After their capture, the prisoners were disarmed and stripped. The rebels then marched them a half a mile to Sycamore bridge near Ticktown. Here the men were drawn up in line and told they were going to be paroled.

Henry C. Hurst, one of the local home guards, later related, "They had  them cross their hands on their breasts, telling them they were about to administer the oath; but instead they placed their guns against them  and fired. All were killed dead except Robert Nickell who was shot near  the right nipple, the bullet came out about five inches lower in the back. He fell off into the creek and they fired three more shots at  him, one bullet struck his arm. He played off dead and they left him." As soon as the guerrillas disappeared, Nickell managed to drag himself  to the house of J. R. Shubert where he was taken in by the family who attended to his wounds.

Meanwhile, the guerrillas continued on their killing spree and reached the home of Jacob Stephens. He was robbed of his pocket book with about $30.00 and shot dead in his own home. Next, the guerrillas captured a man by the name of Jenkins. Hurst noted, "The treatment they gave him was much worse than death. They took all privileges from him that was allowed a man by nature and told him that if that did not kill him they would come back and finish the job."

The morning following the raid, Shubert managed to take Nickell to Mt. Sterling and alert Union authorities about the murders. During the pursuit that ensued, the guerrillas made their way to James Gibbs' on Dry Ridge. Here they successfully escaped the grasp of the federal troops. Lt. Col. C. C. Matson of the 6th Indiana Cavalry, post commander at Mt. Sterling, noted in his report to General Boyle, "I fear the murderers have escaped."

The brutality of the murders triggered much anger and outrage among the citizens in the area. The fact that the depredations continued just added oil to the fire. Consequently, a decision was made to inflict  severe penalties upon the rebels and those who shielded and spied for them in order to curb outrages of this nature in the future.

Accordingly, on October 6, 1863, Lt. Col. Matson ordered a company of  the 6th Indiana Cavalry under the command of Captain E. W. Peck to Olympian Springs. Here they found one of the barns destroyed by the rebels. Following their trail, and passing by the ruins of a residence  belonging to a Union man by the name of Hall, Peck pursued the rebels to Thomas Greenwade's at Old Beaver Furnace in Bath County. His home was a known resting spot and hiding place for guerrillas. Peck ordered the house burned, as well as those belonging to two other rebels, including Isaac Ingram's.

Guerrilla infested Ticktown fared no better and received the same treatment at the hands of a detachment of the 47th KY Mtd. Infantry under command of Captain Simon Cockrell. On October 12, 1863, the Frankfort Tri-Weekly Commonwealth reported that Union men of Mt. Sterling had recently burned the village to the ground and killed a resident by the name of Greenwade, who was charged with harboring  guerrillas and desperadoes. Incidentally, Thomas Greenwade survived and  remained at large until well after the Civil War, holed up in a cave with his followers, and refusing to surrender.

We have only limited information as to the identity of the guerrillas responsible for the Ticktown killings, except for one man - Jacob L. Edwards. On January 28, 1864, a Union scout pursued a group of guerrillas to the home of Big Jim Stamper on Grassy Creek in Morgan County, KY. The Union soldiers surrounded the house but the guerrillas showed fight and a fiery exchange began. When finally a door was torn  down, the guerrillas surrendered and threw their pistols into the yard. Among the captured was Jacob L. Edwards, who, according to an eye witness, was, "the man who led the squad, who killed the four men at  the Ticktown Bridge and wounded Robert Nickells. They were all tied  together and taken to our camp. We were all very happy over getting  Edwards in our custody. Many of the boys wanted to kill him on the spot; but our Captain would not permit it. He said not to worry that he would get what was coming to him when we turned him over to the proper  authorities."

Edwards was a former member of the 5th KY Mtd. Infantry (CSA) and a deserter from the 1st Battalion KY Mounted Rifles (CSA). He was taken with the other prisoners to Mt. Sterling on the charge of murder and forwarded to the  Military Prison in Louisville. On February 12, 1864, Edwards was sent  to Rock Island Prison, Illinois, but was turned over to civil authorities on March 11, 1864, to be tried for murder. He eventually escaped on October 20, 1864. Nothing further is known about him.

List of prisoners, including Jacob L. Edwards,
arrested in Morgan Co. KY, Jan. 28, 1864.

Robert Nickell, the only survivor of the Ticktown murders, eventually recovered from his wounds. He might be the same man who enlisted a  month later in the 47th KY Infantry. He lived a long and productive
life and died on May 21, 1924, in Rich Hill, Bates County, Missouri. He was 83 years old.

An Unpleasant Scene ... Vanceburg in the Fall of 1861

Vanceburg, ca. 1912

Late summer and early fall of 1861 was a time of great struggle and turmoil for Kentuckians. The Civil War left the state divided in sentiment. Although sympathetic to the South, Kentucky was traditionally loyal to the Union. Her citizens showed strong patriotism and were reluctant to abandon the old flag and the Union their grandfathers had fought and died for. On the other hand, there was resentment over coercion of the seceded States by the federal government. The issues of states' rights and slavery helped drive the wedge even deeper.

Families, friends and neighbors found themselves on opposite sides, but holding firmly to their viewpoints. Sometimes, the feeling of animosity was bitter and manifested itself in unpleasant scenes.

One such incident took place in Vanceburg, Lewis County, Kentucky. Situated on the Ohio River 20 miles above Maysville, at the junction of Salt Creek, Vanceburg was a town of roughly 200 inhabitants. It had a  post office, four hotels, several stores and a salt-works nearby. Over the past 13 years the population had quadrupled, mostly due to the influx of new settlers from Pennsylvania, New York and Massachusetts  who came down the Ohio River and settled here. Among the inhabitants  were a number of lumber merchants and sawyers, a land agent, steamboat  pilot and flatboat man, physicians, lawyers, blacksmiths, carpenters, a  saddler and miller, brick makers and layers, teamsters and seamstresses. By all appearances, Vanceburg was an up and coming town at the beginning of the Civil War.

One of the more recent arrivals was 30 year old Francis L. Shaw and his family. Francis occupied a home next to the residences of his brother William Y. Shaw and his brother-in-law Killian K. Mann. A near neighbor was Hiram T. Rowley, a merchant who operated a store on Second Street in Vanceburg. As far as current political issues were concerned, Shaw and his family strongly supported the Union cause.

On the evening of September 1, 1861, at 7 p.m., Shaw was sitting in his house with his wife Mahala, and the couple's two young children, eight year  old Oliver and four year old Mary. Also present were Shaw's younger brother Lorenzo and one of his wife's sisters. Suddenly, they heard the foot steps of men walking up the sidewalk in the direction of their  house. When in front of their house, a man by the name of Henry Pell  called to Shaw, and told him that, "Mr. Rice" wanted to see him down town immediately. Mr. Rice in this case may have been Francis H. Rice, a 42  year old land agent from Massachusetts who was boarding at police judge William S. Parker's house, six households from the Shaw residence. The men then turned and walked directly across the Street as Shaw was able to determine by the sound of their feet.

Francis L. Shaw was reluctant to leave the house as he believed from the indications that Pell and the men with him "designed some evil" toward him. An hour later a small stone was thrown against the house. For the next three hours all was quiet again until about 11 o'clock when Mahala went into the backroom where the children were sleeping and  moved the curtain at the window. She quickly stepped back and remarked that she heard men running and just at that instance, "the report of a gun and the crashing of the window and the lumbering of stones on the floor filled the house."

Shaw stated that, "My family were so much alarmed as to cry out which together with the report of the gun alarmed many of the citizens who were yet not retired to bed and within Five minutes a number of citizens were at my house, when we proceeded to examine the affect of the assault, and found two stones in the room one weighing about Four and a half lbs; the other about Three lbs. One of the stones had struck the far side of the room cutting through the ceiling; the other had struck the floor cutting quite a gash in it. The charge in the gun being shot, had taken effect in the wall and in the head board of the Bedsted near the head of one of my children who was sleeping there. Another stone had struck the meeting Rail of the Window Sash, when it broke and scattered over the room. The glass was nearly all broken out of the window."

While Shaw and some of his neighbors were examining the damage in the house, others proceeded to scout in different directions in search of  the mob, and in a few minutes one of the scouts came upon three men sitting by the road side about Two Hundred yards from Shaw's house - one of them being Henry Pell. One of the scouts asked him if he knew anything of the disturbance to which he replied he had not heard of any disturbance.

Shaw immediately procured a writ and charged Pell and his companions with assault on his home and shooting into the house with intent to kill. Consequently, Pell's two companions were arrested, as well as a  third man who had been seen running away from Shaw's house immediately after the firing was heard. Pell, however, was not taken. A court of inquiry was called immediately and proceeded to try the men arrested.

One of the men turned States evidence and testified that Pell induced him and the other two men referred to, to go with him to try and lure Shaw out of the house for the purpose of robbing him. After failing in any way to get him out they went and made the assault, thinking that Shaw was at the window, as they had seen the curtains moved by some one.

Shaw stated in regard to Pell that, "I have no knowledge of any insult of any kind that could have actuated him, only as I was told that he said I was a damned Lincolnite and a damned Abolishionist."

Soon after the incident, Francis L. Shaw moved with his family to Fleming County. He enlisted in November 1861 in the 24th KY Infantry and thus had no further chance to prosecute the case.

Pell remained at large but was eventually arrested within two months after the incident. Police judge William S. Parker investigated and tried the case "according to law" but amazingly, cleared Pell of any wrong doing. Parker reasoned that, "there was no evidence implicating  him in said charges and I found there was no course for sending him on for trial in the Circuit Court."  Clearly, Parker ignored the fact that Pell had been named as the main instigator by one of his companions.  Furthermore, Parker called none of the witnesses in the case, namely Socrates Holbrook, County Attorney of Lewis County and Dr. Robert G. Barber, one of the physicians in Vanceburg, nor Francis L. Shaw's  brother Lorenzo Dow Shaw or William Schiffbower who was rooming at one of the hotels in town at the time of the incident.

After the proceedings, police judge Parker enlisted in the 16th KY Infantry and left the docket and papers in his bureau drawer. By 1864, when called  upon, all pertinent documents had been conveniently lost or misplaced. Clearly, for unknown reasons, justice had not been served. Nevertheless, although the law failed to prosecute him for his misdeeds in the fall of 1861, Pell eventually ran into trouble a few short years later ... which will be the subject of another article.

  ~ To Be Continued ~

Henry Biggs alias Henry Holms, 100th USCI

One of the African American soldiers from Greenup County, KY who served their country during the Civil War was Henry Biggs. He was born in Greenup County between 1825 and 1827, the son of a man by the last name of Holmes. Henry was the slave of William Biggs who lived on a farm situated near the Ohio River, about three miles from the town of Greenup.

Once part of the William Biggs farm

William Biggs was a self-made business man who maintained a line of keel boats on the Ohio and Big Sandy Rivers and owned interests in iron furnaces in Ironton, Ohio as well as in Kentucky. In 1850, he bought a hotel in Portsmouth Ohio, which came to be known far and wide as the "Biggs House." He maintained a woodyard on the banks of the Ohio river in Greenup which was supplied from his heavily timbered farm. Biggs was also a substantial slave holder. In 1850, he owned 19 slaves and 24 slaves in 1860. He was characterized as a "kind and indulgent master" who, during the 1830's, allowed his slaves to cross the Ohio river, and work in the state of Ohio. It has been said that none of his slaves ever tried to escape. This may have been partially due to the fact that, beginning in 1856, slave patrols were employed for which the state legislature appropriated $1200 annually to Greenup County for wages.

As Henry grew to manhood, he was married to Rosa Philips, also a slave, about 1845/1846. She was born in Kentucky between 1820 and 1824. The ceremony was performed in Greenup County by Charles Howard, a "Colored Minister." After their marriage, the couple lived on the William Biggs farm and during the course of the years five children were born to this union:

Charlotte/Lottie, b. abt. 1846

Jackson/Jack, b. abt. 1850

Sophy/Sophia, b. March 2, 1851

Henry, b. May 15, 1853

Harrison, b. April 15, 1855

In addition to their five children, the couple also cared for a young slave girl named Maria. Despite her young age, being only between 7 to 9 years old, Maria was of great help to Rosa and assisted in nursing her "during her sickness resulting from her being confined" by giving birth to her last two children, Henry and Harrison.

When the Civil War began, African Americans were not permitted to enlist in the military service to serve their country. As the war progressed, attitudes began to change. The first official authorization to employ African Americans in federal service was the Second Confiscation and Militia Act of July 17, 1862. This act allowed President Abraham Lincoln to receive into the military service persons of African descent and gave permission to use them for any purpose "he may judge best for the public welfare." However, the President did not authorize use of African Americans in combat until issuance of the Emancipation Proclamation on January 1, 1863.

To facilitate recruiting in the states of Maryland, Missouri, Tennessee, and Kentucky, the War Department issued General Order No. 329 on October 3, 1863. Section 6 of the order stated that if any citizen should offer his or her slave for enlistment into the military service, that person would, "if such slave be accepted, receive from the recruiting officer a certificate thereof, and become entitled to compensation for the service or labor of said slave, not exceeding the sum of three hundred dollars, upon filing a valid deed of manumission and of release, and making satisfactory proof of title." Further, every owner was required to sign an oath of allegiance to the government of the United States.

Nevertheless, open enrollment did not begin in Kentucky until Burbridge issued GENERAL ORDERS No. 34, dated April 18, 1864. It directed the assistant to the provost-marshal-general of the State, the provost-marshals of districts, and the deputy provost-marshals in each county, " to receive and regularly enlist as soldiers in the service of the United States all able-bodied negro slaves and free colored persons of lawful age who may apply to them to be enlisted, and in case of slaves whose owners may request the enlistment."

A month later, on May 22, 1864, Henry Biggs appeared at Greenupsburg and signed a declaration, that he desired to volunteer as a soldier in the Army of the United States, for the term of three years, which was witnessed by J. W. Henderson. The following day, he enrolled as a private in Capt. Hamlin Rockwell's Co. H, 100th US Colored Infantry. Henry was examined by Surgeon A. Spaulding and declared "free from all bodily efects and mental infirmity" which in turn qualified him for military service. His physical description was given as follows: Age 37, occupation farmer. He was 5' 4" tall, had black eyes, black hair, and a copper complexion.

Henry Biggs Enlistment Paper

Henry Biggs was mustered into the US service on June 1, 1864, by Captain William C. Grier, Provost Marshall, 9th Congressional District of Kentucky. The absence of any type of manumission documents in his service records seem to suggest that he volunteered without permission (or blessings) by William Biggs.

According to Col. Reuben D. Mussey, 100th USCI, Commissioner, Organization U. S. Colored Troops, "the people of Kentucky did not seem to be willing there should be armed negroes in their State." Burbridge's order specified that as soon as mustered,"and squads of such recruits are collected, they will be at once forwarded to the general rendezvous at Louisville; thence forwarded by the commandant of the rendezvous to the nearest rendezvous or camp of instruction outside of the State, for the purpose of being equipped and assigned to companies and regiments." Burbridge made note that, "recruits will, in all cases, be forwarded as herein directed with all practicable dispatch."

Accordingly, within a few days of muster, Henry Biggs, along with a detachment of other recruits, boarded a steamboat for Louisville. As they departed Greenup, the recruits may have felt a sense of relief. While in camp and without weapons, the raw recruits manifested, "some alarm lest the guerrillas should come in and massacre them after the manner observed at Fort Pillow." On June 4, 1864, the Portsmouth Times (OH) reported that a "Boat-Load of negro soldiers passed down the river on the Market Boy, yesterday morning." The Market Boy was not a fancy boat by any means. It was formerly in use by the Kanawha Salt Association to transport salt. The recruits arrived at Louisville on June 6, 1864, and were quickly loaded onto a train to Nashville, Tennessee.

Ohio River at Greenup, near the steamboat landing

Henry Biggs was among the first several hundred African American recruits from Kentucky thus received at Mussey's headquarters in Nashville. Military authorities were encouraged and decided to expand their recruiting efforts in Kentucky. By mid-June, the number of recruiters were increased and eight camps were authorized to receive US Colored recruits which would include Camp Swigert in Greenup County. The Ironton Register (OH) reported that, "The negroes of Greenup and adjoining counties in Kentucky are enlisting into the United States Service very rapidly. At last accounts one hundred and fifty of them were encamped near Greenupsburg." When the 100th USCI was organized at Nashville, recruits from Greenup as well as a number from neighboring counties accounted for most of the rank and file of Cos. F and H through K, 100th USCI.

The regiment was immediately assigned to guard duty on the Nashville & Northwestern Railroad where it was involved in a skirmish on Sept. 6, 1864. The regiment saw action at Johnsonville on November 4-5, particpated in the Battle of Nashville, TN, December 15-16 and Overton Hill, December 16. Immediately therafter, the 100th USCI took part in the pursuit of Hood to the Tennessee River, from December 17-28, 1864.

Their hard service as well as a lack of tents and blankets and exposure to the elements led to widespread sickness among the soldiers in the regiment. It was during this time, that Henry Biggs contracted a severe cold which quickly turned into pneumonia. He died from the effects on Christmas Day 1864, while on a train between Huntsville and Stevenson, Alabama. Sadly, his burial site could not be ascertained by the writer and seems to be lost. Henry Biggs' name is displayed on the African American Civil War Memorial, Plaque Number C-99.

Henry's enlistment did not automatically free his family who remained in servitude until Congress passed a resolution on Mach 3, 1865, that freed the wives and children of U.S. Colored Troops. It can only be speculated how Rosa and the children were treated during their remaining days in Greenup County. By the time the Civil War was over, they had left the Biggs farm and were living in Circleville, Pickaway County, Ohio. On Sept. 6, 1865, Rosa applied for a widow's and minors' pension before Probate Court Judge John Walker.

Rosa applied under the surname Holms, rather than Biggs. In order to explain this discrepancy, two of Henry Biggs' former comrades, Corporal Harvey Kouns (listed as Karnes on the regimental rolls) and Richard Johnson, both Co. H, 100th USCI,  testified on July 13, 1866, before William Corum, Greenup County Clerk, that Henry enlisted with them and was mustered into the service, "under the name of Henry Biggs, the Surname Biggs being the surname of his master and by which he was known here, that after he became free, he assumed the surname of his Father which was Holmes and called himself Henry Holmes and that the said Henry Biggs alias Henry Holmes continued with them in the service till his death."

After producing supporting affidavits in regard to her marriage to Henry and the birth dates of her children, Rosa Holms alias Biggs was granted a pension for herself and sons Henry and Harrison at the rate of $8 per month, beginning Sept. 21, 1866 (Cert. # 83.944).

Rosa Holms' Widow's Claim for Pension

Rosa never re-married and continued to live with her children in the 3rd Ward in Circleville. According to census records, she owned  her own home. Also living with her for some time were Maria and her husband James Rollins. In 1872, she applied for an increase in pension which was not granted. Rosa died on Nov. 29, 1882. Her last known residence was 254 Canal Street, 3rd Ward, Circleville, OH, which was in close proximity of the Ohio & Erie Canal.


Links of Interest
Resolution Freeing the Families of Black Soldiers
Published by Freedmen & Southern Society Project

THE BLACK SOLDIERS OF KENTUCKY: Over Twenty Thousand Negroes Furnished to the Armies of the Union More than a Hundred Thousand Slaves Made Free.
Article by the New York Times, published August 10, 1865.

Freedom by the Sword- U.S. Colored Troops, 1862-1867, by William A. Dobak.
Free PDF download from the U.S. ARMY CENTER OF MILITARY HISTORY

African American Civil War Memorial
Photo Gallery (NPS)


Article researched and written by Marlitta H. Perkins, January 2013. Unauthorized use and/or duplication without express written notice by the author is strictly prohibited. © 2013. 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.

We Call Out the Good Loyal Women of Carter County

Logo of the Adjutant General's Office
State of Kentucky

The following letter by Elias P. Davis, Carter County Court Clerk, to Kentucky Adjutant General John Boyle, vividly illustrates the dire conditions which existed in his county for loyal Union men.

Davis, characterized as "a skilled politician, of pleasing personality and a colorful figure," was born on February 14, 1810, and moved with his parents from his native state of Virginia to Kentucky while a teenager. He settled in Carter County in 1837 and held various offices, including Carter County Sheriff in 1851. The same year he was elected Circuit Court Clerk and County Court Clerk in 1854. Davis was a prominent Whig and subsequently a member of the Republican party after its organization.

A staunch Union man, Elias P. Davis served in the Union Army in Company "D", 40th Kentucky Volunteer Mounted Infantry. He enrolled on March 28, 1864 and was mustered in as first Lieutenant on April 12, 1864, for one year. Davis was promoted to Captain and mustered out at Catlettsburg, Kentucky, on December 30, 1864.

Grayson Carter County Ky Oct. 9th 1863
John Boyle Adjutant Genl. Ky Militia

Dear Sir
I received a printed circular containing special order (No. 1) requesting a speedy organization of the Militia in this County; Now for explination (sic) I will state Carter County has a voting popilation (sic) of about 1200 and out of that no. we have or had 335 Rebel votes and that will leave us in Carter County about 865 votes of Loyal men, and out of that number we have sent to the 3 years service 5 Companies recruited at Grayson for the 22nd Rig (sic) commanded by Col Lindsey and now we have recruited at Grayson for the 40th Rig (sic) & now commanded by Col True 4 full companies. say in the whole about 900 men have Volentiered (sic) on the side of the government, consisting of men over 45 and men under 45 say from 15 years old to 45. for I am 53 years old and I have went into the 40 Regiment for the defence (sic) of Kentucky as the Rebels have ruined my office in this County. I thought it was our duty to defend our homes and we will doit (sic) if we have a half of a chance to remain in the Mountains.

Now you see from the above statement we have no men to make Militia Companies out of in Carter Co. without we call out the good Loyal women in Carter County, but they are doing a great deal now. they are sowing their wheat and plowing of it in and saveing (sic) fodder & chopping wood for their fires to keep their children warm while their husbands & children are in the war Trying drive off the rebel bands of Rogues in our County. we have been in as bad a fix in this County as any people Could be in the state but we have turned out the Last man in our county Large enough to pack a gun to try to protect our homes and we will do it if we are let a lone (sic), we have some of the best Union men in Carter County in the State and we have some of the worst Rebels in the world. the voting district we call the Cliffs in our County is aweful. it voted 300 of the Rebel vote in August 1861, the Lastest (sic) vote we have had, we have not had a circuit Court in Carter to do any business for 3 years. we had courts held one side to allow claims only but for 18 Months we have had none. Now General if we can only be sustained by the Government we will enforce the Laws in Carter County Morgan & Rowan Counties & other places if we had such I think all of the Counties ought to raise men for the years service under the 20,000 Law to protect Ky. and when they dont I trust they will be drafted and made go into the service for our home defence (sic) but Carter cannot furnish any More (sic) men in any way that is Loyal men. if she does they must be Rebels & they wont do.

Yours Truly, E. P. Davis Clerk
of the Carter County Court

John Boyle Adjt. Genl. KY
Frankfort, Ky


Transcribed and researched 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.

"Known but to God" Historical Marker Destroyed



Photograph by Forest McDermott, for HMdb.org

On KY Rt. 80, near Elkhorn City, in the Breaks Interstate Park, a historical highway sign marks the gravesite of an unknown Confederate soldier who is "Known But To God." In May of 1865, the soldier, who was on his way home after the close of the Civil War, was struck down by unknown assailants and killed. Four men of the community, namely Henry and George Potter, Zeke Counts and Lazarus Hunt, fashioned a coffin for the soldier, made of boards rived from a great oak in which he was buried at the spot where he had died. The Potter family kept the soldier's cap and watch in hopes to be able to give them to family members in search of their loved one. Sadly, nobody ever came to look for him. Years after, the keepsakes were lost in a fire. In 1900, a rose bush was planted at the gravesite by Harve Potter and in more recent years a historical highway marker was placed in order to keep the memory of this unknown soldier alive.

Photograph by Forest McDermott, for HMdb.org

Sadly,147 years later, another senseless act of violence was committed at this very site. On Saturday, November 3, 2012, unknown persons destroyed the historical marker. Park rangers had passed the site at 8 a.m. in the morning, with the marker in place. Upon their return at 9 a.m., the damaged site was discovered. Not only was the marker missing, but the four posts surrounding it had been struck down with force. A search by law enforcement later turned up the marker which is damaged beyond repair and can not be reused.

Damaged site, Nov. 3, 2012
Photograph by Nina Aragon

The incident is being investigated by Kentucky State Police. At this point, the persons responsible are still at large. Anyone with information, please contact Pikeville Post 9, Kentucky State Police.

Fund raising efforts are on the way to help pay for a replacement marker. An account with the Community Trust Bank in Elkhorn City, called the Unkown Soldiers Highway Fund, has been set up. Please consider contributing for this worthy cause.

Make checks or money orders payable to
Unkown Soldiers Highway Fund

Mail to
Community Trust Bank
P. O. Box 740, Elkhorn City, KY, 41522

Flag placed on the site by members of the Potter family.
Photograph by Bill Williams

In closing, I'd like to say that this whole situation is more than heart-wrenching. Why such an act would be committed at the grave site of a soldier, or anyone, for that matter, is beyond comprehension. The utter disrespect for a man's final resting place is shocking, especially in this day and age when we consider ourselves more "enlightened" and "educated" than those who walked before us. Seems that some of us still have a great deal to learn.


Links of Interest
Unknown Soldier's Marker Found, but Damaged
Published on Nov 5, 2012 by EastKYBroadcasting

Unknown Confederate Soldier
By David Chaltas and Richard G. Brown

Historical Marker data base (HMdb) listing of the site

Find A Grave listing