FOUTE, J.A.J. vs. George GODBY - Circuit Court - 1866
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.
FOUTE, J.A.J. vs. George GODBY - Circuit Court - 1866
Deposition of Mary CRANDALL, aged 43, witness for plaintiff, 2 Sep 1865.
Question 1: if you know any thing about the Rebels taking J.A.J. FOUTES sheep and other property state what you know about it and the time it was taken.
Answer: I was at J.A.J. FOUTS house and saw the Rebs take his sheep and ox off in the month of November 1863 as tha Drove the Stock off FOUTS family sed that thare was 29 head all that he had.
Ques. 2nd: Was not GODBY noted in the neighborhood about the time for Reporting the property of union men .
Answer: the soldgers toald me that GODBES sent them to my house for propperty.
Ques. 3th: whare was FOUTE at the time his property was taken by the Rebels.
Answer: a Rebel soalger toald your wife that he was in the guard house in Loudon.
Ques. 4th: Was not GODBY a bitter Persecuter of the Union people.
Answer: he was I heard him state on oath that my husband was a tory(?) and in kentucky.
Question 5th. Was FOUTE a union man all the time.
Answer: he bore that name.
Deposition of Jane BEARD, age 43, for plaintiff, 2 Sep 1865.
Question first: did or did you not see George GODBY with Rebbel soaldiers in my pasteur fields whare my sheep and other stock was.
Answer: I did.
Question 2: What year and what time in that year did you see him in the field.
Answer: it was in the yeare 1863 in the month of Novem at the time of Long Streets Raid.
Ques. 3: Was GODBY and the soaldiers Riding or walking
Answer: He was riding from one soalger to the other the soalgers seting on there horses.
Ques. 4: have you ever see GODBY Riding in my fields before or since that time.
Answer: not that I recolect off.
Ques. 5: do you know any thing about the amount of stock and forage the Rebels took from me about that time
Answer: I saw the soalgers take your sheep and one work ox
Ques. 6: was the flock of sheep and work ox very valuable
Answer: the sheep was good looking sheep and the ox was large and in fine order
Question 7th. Do you know whare FOUTE was at the time his stock was taken by the Rebels
Answer: your wife sed the solgers ded you was a prisner
Quest. 8th: Did not GODBY have a flock of sheep at the same time.
Answer: I always saw sheep in his field.
Quest. 9th: The Rebbels did not take GODBES sheep.
Answer: tha did not.
Quest. 10th: Was FOUTE a union man all the time.
Answer: he always pertended to bee and I did not no anything else.
Ques. 11th. Was not GODBY a bitter and unretinting Rebble Preaching and Praying for Jeff DAVIS and the confederacy.
Answer: I hard him pray once over a ded Soalger and he was.
Deposition of Susan McGEE, age 23, for the plaintiff, 2 Sep 1865.
Question 1 by Plaintiff: if you know any thing about the Rebels taking J.A.J. FOUTES Property state all you know about it.
Answer: I was thare the day tha took your sheep and ox the flock of sheep was a good flock of sheep and the ox was a fine ox in November 1863 the time of Longstreets Raid.
Ques. 2th: By same was that before or after FOUTE was imprisoned by the Rebbels
Answer: at the saim time that you was in prisen
Ques. 3th. Was not GODBY a vile opposer to the Union Army and Union People in General.
Answer: He was sed to bee
Question 4th: Was FOUTE a union man all the time.
Answer: He was always sed to bee.
Affidavit of James W. HAIRE, age about 31, witness for defendant, 8 Sep 1865
Question 1 by defendants Counsel to James W. HAIRE. If you know please State where the deft. Geo. GODBY was upon Monday about the 15th day of Nov. 1863 when Longstreets forces were passing up to the Seige of Knoxville.
Answer: He was at my house that morning I would say from between the hours 7 & 8 to between ten and Eleven and I then resided in and about one mile distant from the plaintiff.
Cross Examination by plaintiff counsel.
Quest. 1st. Could not defendant GODBY rode over plaintiffs farm between that morning daylight and the hour he came to your house.
Ansr.: I think he could.
Quest. 2d: Did not defendant GODBY that morning while at your house rejoice at the rebels being there.
This question is objected to by the defts. Counsel.
Ansr.: I met him that morning at my Gate and I remarked to him there appears to be quite a change in afairs about here, and he replied that it was what he expected or what he wanted to see (which of these remarks it was I cant say)
Quest. 3rd by Same: Where did defendant GODBY go to when he left your house.
Ansr. I do not known where he went to when he started however he went in the direction of his house.
Quest. 4th: On what day of the month was it that defendant GODBY was at your house.
Answer: I cant state the day of the month, but it was on Monday after Longstreets forces made their appearance across the river on Sunday, and was on the Same day of the fight at Campbell Station. My impression is it was about the 6th of the month and that impression rests upon my mind in consequence of a note taken by me about the time, it was in the year 1863.
Deposition of William WELLS, age about 55, witness for defendant, 8 Nov 1865
Question 1 By defts. Counsel to William WELLS. Please state all you may know material to the issue between the parties to this suit.
Answer: Some Short time after BYRD made his Raid into East Tennessee I had heard that the defendant among others (while they were passing), had went out with their Guns upon their shoulders to assist the Rebels in repelling them, and meeting with the plaintiff I remarked to him what I had heard about the matter, and he replied that he did not believe it was true as to the defendant for he did not believe he would be guilty of such a thing, giving as a reason why he did not believe it, that defendant on some two or three occasions had given him notice that his Stock was in danger of the Rebels and if he would go where it was it probably could be presented, this conversation occured some short time say two or three weeks after BYRDS Raid. BYRDS Raid was before BURNSIDES Came into East Tennessee the precise dates of either I cant say, only that it was in the year 1863.
Deposition of Wiley H. MOUNGER, aged about 36, 7 Nov 1865.
Question to Wiley H. MOUNGER by the Plaintiff: Please State how much property J.A.J. FOUTE had up to November 1863 give the character of the property and its value.
Answer: Mr. J.A.J. FOUTE at the time mentioned Owned two head of horse beasts worth at the time two hundred and seventy five dollars, he owned a valuable work oxen and according to the price of beef at that time I would consider the oxen worth Seventy five dollars and he owned twenty seven head of sheep which was taken worth five dollars each and he owned sixteen head of hogs that was taken one would have weighed one hundred and fifty pounds and the others would have weighed about fifty or sixty pounds each the fat hogs was worth 20 cents pr. pound gross, the other fifteen would be worth according to my estimate four dollars each and he owned about two hundred bushel of corn that was taken corn at the time was selling among the citizens for about two dollars pr. bushel and the Government was allowing one dollar pr. bushel, and he also owned at the time that was taken about one hundred dozen oats and oats at the time was worth fifty cents pr. dozen. He owned something like between 1000 & 1500 pounds of hay that was taken and Hay at that time was worth $1.00 pr. 100 lbs. Shortly after the property was taken and particularly in the Spring following Corn was very scarce and one had to give about $4.00 pr. bushel in that neighborhood while the rebel army was there camped around FOUTS, I observed they had burned between 1000 & 1500 rails and rails I would consider worth at the place about one dollar and twenty five cents pr. 100, put in fence at the time the plaintiff FOUT was a Prisner in the hands of the Rebels at Loudon, I never saw defendant GODBY among the rebels upon the premises near FOUTE though lived on an adjoining farm about three quarters of a mile distant from FOUTS residence Witness further answering says that he saw the Rebel Soldiers taking the above enumerated property from FOUTE in Nov. 1863. At the time of this transaction it was generally understood in the neighborhood that FOUTE the plaintiff was a prisner. There was some cut corn perhaps several or eight acres the land would produce 20 bushel corn pr. acre I mean the stalk were cut with the corn upon it and the fodder upon the same would have yielded 800 to 1000 bushels which was worth the same price above stated.
2 Question by same: Was the defendant GODBY an active rebel.
This question was objected to by defendants counsel.
Answer: He was just a rebel and that is all I know about him.
3 Question by Same: How much would you consider the plaintiff damaged in consequence of the loss of the 27 head of sheep taking into consideration their fleece and increase (this question objected to by the defendant counsel)
Answer: I would consider the loss reasonable at one hundred & fifty dollars.
Cross Examination by defts. Counsel.
1 Question by defts. counsel: If he has lost one hundred and fifty dollars in the past for the want of his sheep what will be his loss in the future.
This question was objected to by the plaintiffs counsel.
Answer: I cant answer that.
Deposition of Leland BEARD, age about 50, 7 Nov 1865.
1 Question by plaintiffs counsel to BEARD & he answering upon interrogations depose & says that he lives within about one half mile of the plaintiff FOUTE and about the same distance from deft. GODBY. About the time the Rebels were camped upon FOUTS place say Longstreets men when they advanced and besieged Knoxville. I saw defendant GODBY riding in FOUTS field where his sheep run he appeared to be riding as though he was going from FOUTS to his house and at the same time there was divers rebel soldiers riding in the same field and GODBY was below them and occasionally GODBY appeared to be halting as though he was talking to them, but cant say that he was talking to them on account of the distance between where he witness was and w[h]ere said GODBY was, it being according to estimation about three or four hundred yards. I saw FOUTS sheep in the field about the same time, it was on Monday before the hour of twelve M. GODBY appeared to be close enough to the Soldiers to talk to them, there was no road through the field and I never saw GODBY ride through the field before or since then.
Question by plaintiffs counsel: was defendant GODBY a rebel. (The defendant by his counsel objects to this question).
Answer: That was my understanding I heard him pray for Jef DAVIS & the Southern Confederacy once, while the Rebels held possession of the Country.
Deposition of William C. DAILEY, age about 47, 7 Nov 1865.
Question 1st by Deft. Mr. DAILEY if you know anything in relation to the matters in dispute between the parties to this suit you will please go and State all that you may know about it.
Answer: Some time last Spring I had a conversation with Mr. J.A.J. FOUTE in regard to the Suit which he then contemplated, and had since brought against Rev.? George GODBY, in which conversation he (FOUTE) admitted that Mr. GODBY had come to his house at one time to give him warning that some of his stock was in danger of being taken by Southern Soldiers. He also admitted, that on another occasion when rebel Soldiers had taken some of his stock (colts or young horses I think) that Mr. GODBY had refused to let them put said stock in his lot or Stable, but told them he was opposed to such work and that if they wanted FOUTES stock to go to him and buy it, and pay for it, this of course he had from hearsay, but did not call the truth of it in question, and spoke of it as tho he believed it to be so.
Cross examination By Plaintiff:
Question 1st: Did you not go to FOUTE By Request of the defendant GODBY to talk with FOUTE to effect a compromise with him.
Answer: I did not.
Quest. 2: By plaintiff did you or was you not telling FOUT that from information GODBY had refused to let the rebels put FOUTES stock in his Lot.
Answer: I spoke of that in the first instance and on my doing so he admitted that he (GODBY) had done so, or, perhaps said that he had been so informed, but expressed no doubt of the truth.
Quest. 3: Did not FOUTE reply that that might be so, that he had been so informed.
Answer: I have no recollection of his having so answered.
Quest. 4: How long was this before the federal army came in to East Tennessee.
Answer: I do not know.
Quest 5: Was George GODBY the defendant in this cause a Rebel.
Answer: He was so represented, or so regarded.