Estate of Elijah H. Sims' Claim


Submitted by Robin Sterling


Southern Claims Commission File

For Estate of

Elijah H. Sims, deceased (3051) Allowed

(John W. Sims, Administrator)

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

185 bushels corn

$370

$185

$185

1400 pounds fodder

$14

$14

$100

350 pounds bacon

$87.50

$50

$37.50

300 pounds pork

$30

$15

$15

30 pounds lard

$8

$4

$4

4 bushels sweet potatoes

$4

$4

80 pounds flour

$4.80

$4.80

25 pounds salt

$1

$1

Board of sick soldier &c

$50

$50

Totals

$569.30

$277.80

$291.50

 

Remarks: Claimant is the son and administrator of Elijah H. Sims who died since the war and whose loyalty is established by the testimony upon the usual facts adduced in favor of claimants in that strong Union locality. The property was taken by troop of General Wilson’s command in 1865. The item of fifty dollars for nursing medical attendance board &c of a sick solder cannot be settled at this late day by the limited authority of this commission. We allow the sum of two hundred and seventy-seven dollars and eight cents in full of claim.

To the Honorable Commissioners of Claims, Under the Act of Congress of March 3, 1871, Washington, D.C.: The petition of John W. Sims, administrator of E.H. Sims estate, deceased, Winston County, Alabama respectfully represents:

That he is a citizen of the United States and resides at present in Winston County, Alabama.

That he has a claim against the United States for corn, fodder, bacon, pork, lard, sweet potatoes, flour, salt, and for board and attendance of Doctor Huett, who belonged to the command of Colonel George E. Spencer, for two weeks as follows:

185 bushels corn ($370); 1400 pounds fodder ($14); 350 pounds bacon ($87.50); 300 pounds pork ($30); 30 pounds lard ($8); 4 bushels sweet potatoes ($4); 80 pounds flour ($4.80); 25 pounds salt ($1); for board and attendance of Doctor Huett, who belonged to the command for two weeks ($50); total: $569.30

That all the items in the above schedule were of the full value therein set forth and were taken from your petitioner for the use of and were used by the United States army by General Wilson’s command on the 25th day of March 1865 and was carried near Jonathan Barton and used by said command: corn, meat, flour, fodder, salt, potatoes, pork, lard, and for board and card of Huett and Medicine was about the 1st of November 1863 all in Winston County, Alabama.

That no voucher, receipt or other writing was given therefor by the persons taking the same as aforesaid or received or taken by your petitioner.

That your petitioner resided at the time his claim accrued in Winston County, Alabama.

That Elijah H. Sims was the original owner of said claim, and that your petitioner is the present owner of the same as administrator of Elijah H. Sims’ estate, deceased, late of Winston County, Alabama.

That your petitioner remained loyal adherent to the cause and the Government of the United States during the war, and was so loyal before and at the time of the taking of the property for which this claim is made.

That said claim has not before been presented to any department of the government or to Congress.

That Stilson, Bundy & Webster, of Washington, D.C., are hereby authorized and empowered to act as his Attorneys for the prosecution of this claim.

Wherefore your petitioner prays for such action of your Honorable Commission in the premises, as may be deemed just and proper. [signed] John W. Sims, Administrator; Witnesses: [signed] A.J. Ingle and Thomas B. Nesmith

State of Alabama, County of Winston; I, John W. Sims, Administrator, being duly sworn deposes and says, that she is the petitioner named in the foregoing petition, and who signed the same; that the matters therein stated are true, of the deponent’s own knowledge, except as to those matters which are stated on information and belief, and as to those matters she believes them to be true; and deponent further says that she did not voluntarily serve in the Confederate army or navy, either as an officer, soldier, or sailor, or in any other capacity, at any time during the late rebellion; that she never voluntarily furnished any stores, supplies, or other material aid to said Confederate army or navy, or to the Confederate government, or to any officer, department or adherent of the same in support thereof, and that she never voluntarily accepted or exercised the functions of any office whatsoever under, or yielded voluntary support to, the said Confederate government. [signed] John W. Sims, Administrator; Witnesses: [signed] A.J. Ingle and Thomas B. Nesmith

Sworn and subscribed in my presence, the 12th day of June 1871 [signed] R.W. Swinney, Clerk of Circuit Court

Names and residences of witnesses who will be relied upon to prove loyalty:

Jonathan Barton, of Larissa, Winston County, Alabama

W.P. Lowrimore, of Larissa, Winston County, Alabama

A.J. Ingle, of Larissa, Winston County, Alabama

Names and residences of witnesses who will be relied upon to prove the other facts alleged in the foregoing petition:

Jonathan Barton, of Larissa, Winston County, Alabama

William P. Lowrimore, of Larissa, Winston County, Alabama

Willis Barton, of Larissa, Winston County, Alabama

Post office address of claimant: Larissa, Winston County, Alabama

Before the Commissioner of Claims. In the matter of the Claim of John W. Sims, administrator of Elijah H. Sims, deceased, late of County of Winston and State of Alabama.

Comes now the Claimant, and represents that he has heretofore filed with the above-named Commissioners a Petition for the allowance of a claim for property taken for the use of the army of the United States.

That the said claim, stated by items, and excluding therefrom all such items as refer to the damage, destruction and loss, and not the use, of property; to unauthorized or unnecessary depredations of troops and other persons upon the property, or to rent or compensation for the occupation of buildings, grounds or other real estate, is as follows:

185 bushels corn ($370); 1400 pounds fodder ($14); 350 pounds bacon ($87.50); 300 pounds pork ($30); 30 pounds lard ($8); 4 bushels sweet potatoes ($4); 80 pounds flour ($4.80); 25 pounds salt ($1); for board and attendance of Doctor Huett, who belonged to the command for two weeks ($50); total: $569.30

That, as stated in the Petition referred to, the property in question was taken from Elijah H. Sims, late of Winston County in the State of Alabama, for the use of a portion of the army of the United States, known as General Wilson’s Cavalry and commanded by General James H. Wilson, and that the person who took or received the property, or who authorized or directed it to be taken or furnished, were the following: men of the command of General James H. Wilson, whose rank and name are unknown to petitioner.

That the property was removed to the army on the march and use for or by them in subsisting men and animals belonging to said command; all this on or about the 26th day of March in the year 1865, as appears by the Petition presented to the Commissioners.

That the Claimant is unable to produce the witnesses hereafter to be named before the Commissioners at the City of Washington for and because of the following reasons, to wit: by reason of the smallness of the claim and the poverty of the claimant.

That the following are the names of the witnesses, their respective places of residences, the points most convenient for the taking of their testimony, and separate, full and detailed statements of what each particular witness is expected to prove; all matters of time, place and circumstance being set forth as explicitly as is possible:

By Jonathan Barton of Larissa in the County of Winston and State of Alabama whose testimony should be taken at or near Larissa in the State of Alabama, the Claimant expects to prove that he well knew Elijah H. Sims during the March 1865 and knew that he had laid in a large supply of family stores consisting of corn, fodder, bacon, pork, lard, sweet potatoes, flour and salt. That on the 26th day of March 1865 he saw a detachment of men belonging to the command of General James H. Wilson go onto the premises of Elijah H. Sims (then living) and take and carry away a large quantity of said stores and that he estimated at the time that they took at least 185 bushels of corn, 1400 pounds of fodder, 350 pounds of bacon, 300 pounds of pork, 30 pounds of lard, 4 bushels of sweet potatoes, 80 pounds of flour, 25 pounds of salt. That he has examined the prices charged for said supplies by claimant and think they are fair and reasonable prices and not above the market prices at that time and place.

By Hiram Hanes and W.P. Lowrimore of the same place, he expects to prove substantially the same facts as by the last witness as above stated.

By Jonathan Barton, Jesse D. Hyde and Andrew J. Ingle, all of the same place, he expects to prove that Elijah H. Sims, deceased, was loyal to the Union and Government of the United States, both before, during, and since the war. That during the war said Sims was known in the neighborhood where he lived as an active sympathizer and friend of the Government of the United States and the trusted friend of the Union men and Union soldiers of that county where he lived.

The Claimant now prays that the testimony of the witnesses just designated be taken and recorded, at or near the places named, before such person or persons, and in such manner as the Commissioners may direct, at the reasonable cost of the said Claimant; and that the persons so directed to take and record such testimony be required to give due notice of the time and place of the taking thereof to the Claimant, or to his counsel.

Submitted to the Commissioners of Claims under the Act of Congress of March 3rd, 1871, on this 2nd day of August 1871. [signed] John W. Sims, Claimant. Stilson, Bundy, & Webster, Attorneys.

John W. Sims, Administrator of Elijah H. Sims, deceased, Claimant vs. United States, Defendant.

In pursuance of the Commission issued by the Commissioners of Claims at Washington City, D.C., to the undersigned, on the 18th day of November, A.D. 1871, I, Robert P. Baker, have called and caused to come before me at Larissa, in the County of Winston, Alabama, and State of Alabama, on the 29th day of February, A.D. 1872, John W. Sims, Administrator of Elijah H. Sims (deceased) claimant, Jonathan Barton, Andrew J. Ingle, William P. Lowrimore and Martha E. Sims witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which John W. Sims, Administrator, of Larissa, Winston County, Alabama, is claimant, and the United States is defendant.

The said John W. Sims, being first duly sworn, says, in answer to the Interrogatories propounded to him, that he is twenty-six years of age and resides near Larissa and by occupation a farmer, and was appointed administrator of the estate of Elijah H. Sims, June 1871, who died November 1865, and have known him to have resided at above named place for the last fourteen years.

3 – Never did.

4 – I never knew of his taking any oath to support or bear allegiance to the Rebel government.

5 – Never knew that he took an amnesty oath.

6 – Never knew him to be directly or indirectly interested in the Rebel cause

7 – No, sir.

8 – He never held any position in Rebel service.

9 – No, sir.

10 – No, sir.

11 – No, sir.

12 – No, sir.

13 – No, sir.

14 – No, sir.

15 – Did not.

16 – No, sir.

17 – Elijah H. Sims was arrested in March 1862 while at home attending to his own business by Captain May of General Roddy’s Command (Rebel) and detained as a prisoner for fourteen days, after which time he was discharged—do not think he took an oath—was also arrested April 1864 by Col. McCaskill (Rebel) while at home. He was taken to Rome, Georgia and detained for seventeen days and at which time on the advance of the Federal troops all prisoners were turned loose. On both occasions he was arrested on account of his Union sentiments. He was never arrested by the United States forces.

18 – Property was taken at various times during the war, such as corn, bacon, fodder, and one mare for which no compensation was paid.

19 – Mr. Sims was threatened by Captain May in 1862 to be hung and our property threatened to be burned on account of our Union sentiments, designating the family as Tories.

20 – Never was molested other than above stated.

20 – Never contributed to the United States service, other than in feeding the soldiers.

22 – No more than above stated.

23 – Claimant had two brothers in the Rebel service from Georgia but did nothing to supply them with equipments or money. Had no relatives in the Union army that he is aware of.

24 – No, sir.

25 – No, sir.

26 – No, sir.

27 – No, sir.

28 – No, sir.

29 – No, sir.

30 – No, sir.

31 – No, sir.

32 – No, sir.

33 – Our sympathies were at the outbreak of the rebellion was in favor of the Union and my father voted always against secession and was in favor of the Union all the time

34 – All during the war was in favor of the Union and done all in our means to assist the Union cause.

[signed] John W. Sims, Administrator of Estate of Elijah H. Sims

Jonathan Barton, (being called to prove loyalty), after being duly sworn doth depose and say that he is forty-one years old, and resides in Winston County, four miles from Larissa, and by occupation a merchant. I have been acquainted with Elijah W. Sims (deceased) since 1854 and was intimately acquainted with him until the fall of 1863—residing about three hundred yards distant. In the fall of 1863, I joined the First Alabama Cavalry (Union) and saw nothing more of him other than on return home, several different times during the war—had frequent conversations with him in reference to the war. His sympathies were with the Union, and to give Lincoln a trial. He was opposed to the rebellion from first to last, all the time, before and after. Conversation was public as long as safe, but when it was dangerous it was in private. His public reputation was that of a Union man. I do not think that anybody in this country would dispute it, either the loyal or Rebel. I do not know that he ever contributed to the Union Army. I don’t know generally in reference to furnishing information, but when I returned with commissioned officers, he would give all the information he knew that would be of interest. I do not know that he was molested but heard that he was arrested by the Rebels and carried to Rome, Georgia. I do not know that he ever contributed anything to aid the so-called Confederate government and that he done anything to sustain its credit. If the Rebels had succeeded in establishing a separate government, if claimant could have established his loyalty to their cause any Union soldier could have done the same thing. He died in the fall of 1865. [signed] Jonathan Barton

Andrew J. Ingle, being called to prove loyalty, after being duly sworn doth depose and says that he is fifty-two years of age, and a resident of Larissa, Winston County, Alabama and by occupation a farmer. That he has been acquainted with Elijah H. Sims, deceased, for three years prior to the war, and resided four miles distant and during the war I met him frequently and conversed in reference to the war and its causes. Affiant was a Union man and so regarded by deceased. Our conversation was held in public and private until it became dangerous to make public demonstrations, when it was altogether private. Deceased, in all the conversations we ever had was for the cause of the Union, and opposed to the rebellion and secession. He regarded the cause of the Rebels as wrong and ruinous, and in his vote for delegate to the State Convention, he voted for the Union candidate, C.C. Sheets. After the State had seceded, no change took place in his sentiments, judging from the conversation we had from time to time together. I do not know that he ever contributed anything to the United States Government or its troops, other than feeding men who were laying out in the mountains to avoid being conscripted in the Rebel service, and assisting them in reaching the Federal lines. I do not think that he was ever interested in the so-called Confederate bonds or done anything to sustain the credit of the Rebel government. If the Rebel cause had been a success, and they had succeeded in establishing a separate government, I do not think that he would ever have been or could have been regarded as loyal to their cause, as his sentiments as a Union man was too widely known in this section, as he was universally regarded as a Union man by his friends, and as a Tory by his enemies, the Rebel portion. I also know that after the decease of Elijah H. Sims, his son John W. Sims was appointed as administrator by the Probate Judge of Winston County, as I was on his bond for the faithful discharge of his trust. [signed] A.J. Ingle

Questions on property:

John W. Sims further states that he was not present when the property specified being taken by the Rebels, but was present when General Wilson’s command, in March 1865 took corn and bacon. The reasons for my not seeing the other property taken was that I was lying out to avoid the Rebels, but when I heard the Federals had come I returned home and was informed that the other property specified was taken same day. Do not know that any commissioned officer was present at the taking of the property. What I saw taken was carried off as the camp was nearby on the place. Seen them take it to camp and went into camp with them. The property was taken for subsistence—saw them eating supper and feeding stock, but could not say as the articles I saw cooked and fed was property from us, as similar property was taken from neighbors. My father made complaint to some of the officers and asked that they would not take all and they replied that what they had taken it was necessary that they should have to feed that night. No voucher was received. Wilson’s command was on a raid through the country. The property was all taken openly early in the evening. The command encamped only one night on place referred to. The corn as seasoned and in the crib shucked out. I suppose they took about one hundred and eighty bushels and valued at about two dollars per bushel. The fodder was stacked in the lot near the house—two stacks—and about seven hundred in the two stacks, averaging about two pounds to the bundle and worth about two dollars per hundred. The bacon was hanging in the smoke house and being smoked and I suppose would weigh about one thousand pounds and worth about fifteen cents per pound. They killed two hogs which would weigh about one hundred and thirty pounds each. Don’t know the price of fresh meat, but suppose about ten cents per pound. Sweet potatoes were in the garden bedded out—about four bushels worth one dollar per bushel. Lard was taken from the smoke house—don’t know the quantity—nor price at the time. Flour was taken from the kitchen and worth six cents per pound; about fifty pounds. Salt was taken from the kitchen—don’t know quantity or price. My means for knowing of specified property was that I was present when it was laid in and was present and saw some taken and saw that the rest was gone. While lying out, I generally returned home late every evening. Dr. Stewart remained at our house for one day and night and left with us a sick soldier, by the name of Jones, who belonged to Col. Spencer’s First Alabama Cavalry—who remained for us to take care of about two weeks. When able to join his command, my father took him to Charles Cagle who carried him to his command.

19 – I do. As officers stated that they were obliged to take them to subsist.

20 – The men and command were on a raid and depended on the country for supplies.

21 – I think it was necessary as they were short of supplies.

22 – I do.

23 – I believe all property specified was by the order and authority of the commissioned officer for the reason that they told my father that they were obliged to take.

There was about thirty acres in plantation and about twenty-five under cultivation—worth about four dollars per acre at the time—worth now about five dollars. Claim never before presented. [signed] John W. Sims, Administrator of Estate

William P. Lowrimore, being duly sworn, doth depose and say that he is twenty-six years old and by occupation a farmer and resides ten miles from Larissa. That he knows nothing of the property being taken, as I was in the First Alabama Cavalry, Col. Spencer’s Command, at the time it was taken—but have reason to suppose it was taken as Mr. Elijah H. Sims was industrious and truthful. I, in company of three other soldiers, was detailed by the Lieutenant (Hornback) to take a sick soldier (named Jones) of Company K, same regiment, to the house of Mr. Sims, where we left him to be cared for. When able to move, it was reported that he was captured by the Rebels and afterwards died. [signed] William P. Lowrimore.

Martha Emeline Sims, widow of Elijah H. Sims (deceased) being duly sworn doth depose and say that she is fifty-one years old and resides with about four miles of Larissa, Winston County, Alabama and by occupation a farmer. That I was present when specified property was taken in March 1865 by General Wilson’s Command. The corn was never measured but she suppose about two hundred bushels or corn was taken, worth about two dollars per bushel. About seven hundred bundles of fodder was also taken—don’t’ know value per hundred; also about three hundred pounds of bacon was taken (bacon not weighed and am not sure as to weight) worth I believe about twenty-five cents per pound. Also, I believe four hogs were killed which I think would weight one hundred pounds each worth about ten cents per pound—four bushels of sweet potatoes was taken worth about one dollar per bushel. About thirty pounds of lard worth I reckon twelve and one half cents per pound. About 80 pounds of flour worth I reckon five cents per pound. As near as I recollect about twenty pounds of salt was also taken, worth five cents in good money. I was right there present and saw above property taken. Commissioned officers were present when the property was taken, but the property was carried off by enlisted men. There was none other than my own family present when this property was taken. The property taken was carried to the camps close by, or I reckon it was, as it was carried in that direction. I did not follow. I suppose for the use of the soldiers it was taken. I seen them feed their horses with corn and fodder while others was packing it off on horseback and otherwise. My husband, Elijah H. Sims, complained to officers and they stated they would give him a voucher and he would be paid for all taken but they never gave him any voucher. The officer complained to was General Wilson. The property was taken openly between twelve noon and night. The command, or a portion of them was encamped on premises.

19 – I do.

20 – I do not know that the command was short of rations. One man said that by taking the people’s property was the only way to put down the war. I believe it was an officer who told me this.

21 – I do not know.

22 – I reckon it was as the Federal Government has a right to take what it needs and as the property was used by Federal troops, I think the Government should pay for it.

23 – I believe the property was taken by the order and authority of commissioned officers as they were present when it was taken. No part of the property taken has ever been paid for. And I know that this is the only claim that has ever been offered. In 1865, the plantation numbered one hundred and twenty acres—about forty I reckon cultivated—worth about four dollars per acre at the time—at present I think we could sell at five dollars per acre. [signed] Martha E. Sims

State of Alabama, Winston County: I, Robert P. Baker, Commissioner to take testimony in cases pending before “The Commissioners of Claims,” now pending before them against the United States, as a Notary Public in and for the County of Morgan and State of Alabama, do certify, that John W. Sims, administrator, of Winston County, Alabama, is the claimant in this cause, and as a witness, and John W. Sims, administrator (claimant), Jonathan Barton, Andrew J. Ingle, William P. Lowrimore, and Martha E. Sims of Winston County, Alabama, as witnesses, came before me at Larissa, Winston County, Alabama on the 29th day of February, A.D. 1872, the said witnesses to testify in behalf of John W. Sims, administrator, the claimant in this cause; that before said witnesses were examined they were each severally sworn by me to tell the truth, the whole truth, and nothing but the truth, relative to said claim; that the answers of each of said witnesses were taken down; that after the same were carefully read over to said witnesses, I caused each of them to subscribe their said deposition. And I further certify, that said depositions have not been out of my possession since they were so taken, nor have the same been in any way altered or changed.

Given under my hand and seal this 20th day of March, A.D. 1872. [signed] R.P. Baker, Special Commissioner

State of Alabama, Winston County: Letters of Administration on the estate of Elijah H. Sims, late of said county, deceased, are hereby granted to John W. Sims, who has duly qualified and given bond as such, and is authorized to administer such estate, dated this 12th day of June 1871. [signed] A.B. Hays, Judge of Probate

State of Alabama, Winston County: I, A.B. Hays, Judge of Probate Court in and for said County and State, hereby certify that this foregoing is a true copy of the Letters of Administration granted to John W. Sims on this day. Witness my hand and seal in office, June 12th, 1871 [signed] A.B. Hays, Judge of Probate

No. 3051: Claim of John W. Sims, administrator of E.H. Sims, Winston County, Alabama for $569.30

In the above case after a full investigation I have failed to find any evidence against the claimant, E.H. Sims. His neighbors all say he was loyal to the Federal government during the rebellion. If he did or said anything disloyal I have failed to find anyone that knows it. He had property and the heirs are said to be loyal. [signed] Enos. Richmond, Special Agent. Russellville, Alabama, May 23rd, 1874

The United States, to John W. Sims, Administrator of the estate of Elijah H. Sims, deceased, of Alabama. For the amount allowed him by Act of Congress, Private No. 71 approved March 3rd, 1875, entitled “An Act making appropriations for the payment of claims reported allowed by the Commissioners of Claims under the Act of Congress of March 3, 1871:” Two hundred and seventy-seven dollars and eighty cents ($277.80). Payable in care of Stilson, Bundy & Webster. Treasury Department, Second Comptroller’s Officer, March 20th, 1875, [signed] H. Spalding, Clerk. Treasury Department, Third Auditor’s Office, March 1875, [signed] A. Jackson, Clerk

Note: No monument was found in Winston County for Elijah H. Sims. His wife, Marthie E. Sims was born 20 Dec 1820 and died 30 Jul 1909. She was buried in the Sardis Baptist Church No. 1 Cemetery.


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