DAY, Thomas A. vs. Wm. OSBORN & others - Circuit Court -
Compiled by Robert L. Bailey
After the Civil War, there are several court cases in which former Rebel sympathizers were sued for damages to property and person. These are examples of such cases. As time permits, more of these cases will be transcribed and posted.
DAY, Thomas A. vs. Wm. OSBORN & others - Circuit Court - 1866
Deposition of J.M. FARMER. aged 38, 19 Oct 1866.
Question 1st by plaintiff: Mr. FARMER Do you know anything of T.A. DAY having been arrested by rebel soldiers and if so will you please state by whom where and what time was it done.
Answer: I saw him arrested at my house in this county and dont know that I knew but two of them that was along DICKEY and UPTON first made the arrest OSBORNE rode up a little afterwards I dont recollect the time I recollect that it was cool wether.
Ques. 2nd: Mr. FARMER do you know whither T.A. DAY was a citizen or a soldier at the time you speak of seeing him arrested.
Ans: Yes sir he was a citizen.
3rd Ques.: Mr. FARMER you will please state what you heard Mr. OSBORNE say about said arrest when he rode up to the croud that day.
Ans.: the recollection I have of it at the present is that he said that he had been back there a trying to get some other fellows and That was the reason why he was behind the balance.
Ques. 4th. Mr. FARMER did he Mr. OSBORNE appear to be equiped as a soldier of the confederate Army and did he have a gun as the balance of the croud.
Ans.: I dont recollect as I was very much confused myself at that time.
Ques. 5th: Mr. FARMER did you not come over to Mr. HUFFINES next morning & if you will please state if OSBORNE UPTON & DICKEY was yet with thase that Seems to Guarding T.A. DAY.
Ans.: I went over there the next morning and he was still under arrest and whither those gentlemen were all there or not I cannot recollect I think though they they were though I am not positive for there was a good many there and a good many prisoners.
Ques. 6th: Mr. FARMER do you know whither Mr. OSBORNE was a soldier or a citizen at that time.
Ans.: I dont know as to my own personal knowledge whither he was or not.
Quest. 7th: Mr. FARMER did you not look upon him Mr. OSBORNE as being one of the croud that did the arrest judgeing from his own remark when he came up.
Ans.: I looked upon him as being one of the croud that made said arrest though not with them at the time of the arrest but as I said before he came up in a few minutes afterwards and from what he said when he came up about going(?) back to get some more I supposed he had been with them before.
Cross-examined by J.J. BLAIR Council for defendants GALYON & FORSHEE
1st. You have stated that the plaintiff was arrested by DICKEY and UPTON now give the given name of UPTON.
Answer: I can not give his name.
2nd.: Was it the UPTON who is sued in this case.
Ans.: He was called Lieutenant UPTON is all that I can say about him.
3rd: Were the soldiers who made the arrest at that time under the command of an office of the Rebel Army.
Plaintiff except to the above ques.
Ans.: I do not know whether they were or not but UPTON & DICKEY acted as such.
4th: Did they man OSBORN of whom you speak, came up to your house before the plaintiff was taken off or afterwards.
Ans.: Came up before the plaintiff was taken away.
5th: What was the cause of the plaintiff being arrested.
Ans.: The parties who made the arrest seemed to be after men who were leaving the country for Kentucky.
6th: Was the plaintiff at the time of his arrest endeavoring(?) to make his way to the lines of the Federal army in Kentucky.
Ans.: He had some provisions with him & it seemed that this was his intention.
7th: How long was it after the arrest of plaintiff before OSBORN came up.
Ans.: I would say some ten or fifteen minutes.
Deposition of Wm. A. BACON, aged 27 years, 19 Oct 1866.
Ques. 1st: Mr. BACON are you acquainted with T.A. DAY plaintiff in the above case and if so please state how
Ans.: I suppose I have been acquainted with him about 10 years.
Ques. 2nd: Mr. BACON you will please state all you may known about the arrest of plaintiff that is when where and by whom if you know he was arrested.
Ans.: I saw him after he was arrested I didnt see arrested I think it was about the 25th of February 1862 I saw him at Bill HUFFINES I dont know who arrested him but I know who had him under guard.
Ques. 3th. Mr. BACON you will please state who you saw guarding Mr. DAY at time and place you s[p]eak of give their names so fore as you may know them.
Ans.: Will UPTON was in charge of the squad & DICKEY & 2 other men were sentinals & dont know their names.
Quest. 5th(sic): Do you recollect to have seen Wm. OSBORNE that nigh with those soldiers and whither he had a gun or not.
Ans.: I think he was at the gate at HUFFINE that night & I was in the porch & whither he had a gun that night I dont know but he had a gun that Evening when I saw him or met him in the road.
Note: The rest of the document is missing.