Thursday, October 8, 2015

Alexander M. Lee Tries to Get a Substitute

In 1862, Alexander M. Lee and his mother Chloe Lee borrowed money from William C. Jackson with the intention of hiring substitutes for A. M. and his brother Tivis P. Lee. Unfortunately, the man they found, William Patterson, did not end up serving as a substitute. In fact, it appears that Patterson hid out for two years before finally being conscripted and serving in the 48th Virginia Infantry.

Eventually Alexander M. Lee and his brother Tivis enlisted in the 48th Virginia Infantry where Tivis was killed at the Battle of the Wilderness, May 5th, 1864. Alexander was wounded and eventually transferred from the Infantry to the 10th Kentucky Cavalry. The reason for the transfer was his wound and the fact that he weighed 230 pounds and was not able to keep up on the march.

In 1889 a rather tedious Chancery Case was begun which revolved around the debt of money owed by Alexander M. Lee to William C. Jackson, who subsequently sold the note of debt to Charles Gose.

Excerpts from the Case below discuss the attempted substitution by William Patterson, and some back and forth between Charles Gose and S. H. Banner on who served in the army.

From Chancery Court case 1889-052

The deposition of Ruil Ritenbery taken on the 18th day of October 1888, at Killgoer in Boyd County Kentucky.

I was working for William C. Jackson when the money in controversey was borrowed by A. M. Lee from Wm C. Jackson about July or August 1862...It was what we called Confederate money that was issued under the so called Confederate States. My recollection is that the amount of money borrowed was seven hundred or seven hundred and fifty dollars....I know that A. M. Lee borrowed the money to hire substitutes for him self and Tivis Lee, his brother. William Patterson, just after A. M. Lee got the money...went off with A. M. Lee, but in fifteen or twenty days was back and did not go in the army as a substitute for A. M. Lee.

Testimony of S. H. Banner

QUESTION: Do you know whether or not A. M. Lee & his mother Chloe Osborn hired substitutes for himself & one for Tivis P Lee to take their parts in the Army in 1862?

ANSWER: I suppose they did. Mr Lee told me they did it was always my understanding. I know of them taking substitutes off to the army & then returning. A. M. Lee & Tivis P. Lee did not return. A. M. Lee returned after he was wounded & Tivis P. Lee never returned, he was killed.

QUESTION: You say there was a war about that time?

ANSWER: Yes sir there was.

QUESTION: Was Hop Gose in it?

ANSWER: Yes sir I suppose he was.

QUESTION: Was Jim Jack [Dickenson] in it.

ANSWER: yes sir I reckon he was

QUESTION: Was Beil[?] Fields?

ANSWER: I do not know except what I hear say. He says he was in it.

QUESTION: Did any body get shot?

ANSWER: Yes sir I reckon they did.

QUESTION: Was Geo. Washington there?

ANSWER: I do not know.

QUESTION: Was Geo. C. Gose in the Army?

ANSWER: He was.

QUESTION: Did he get shot?

ANSWER: No sir I think not.

QUESTION: Was A. M. Lee in the army?

ANSWER: He was. He was in a pretty hot place, they did some pretty heavy fighting.

QUESTION: Was Tivis P. Lee in the army?

ANSWER: He was and was killed & his remains were brought back here after the war.

QUESTION: Was Fletcher Lee in the army?

ANSWER: He was.

QUESTION: Was he shot?

ANSWER: If he ever was I never heard of it.

QUESTION: Was Wm E Lee in the army?

ANSWER: He was, I do not think he was wounded.

Eventually Alexander M. Lee lost the case and was order to pay the debt owed to Charles Gose.