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Community and Conflict - the Impact of the Civil War in the Ozarks

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Community and Conflict - the Impact of the Civil War in the Ozarks

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Samuel A. Harshbarger vs. David Wills, et al - 1865

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Title	Samuel A. Harshbarger vs. David Wills, et al - 1865
Source	Samuel A. Harshbarger vs. David Wills, et al. 1865. CW 19. Greene County Archives and Records Center, Springfield, Missouri.
Description	The civil case of Samuel A. Harshbarger vs. David Wills (Sr.) and six other people began with Harshbarger filing a petition in Dade County, Missouri Circuit Court on October 31, 1865. In this petition Harshbarger stated that the defendants assaulted, robbed, kidnapped and threatened to kill him on October 6, 1863 in Dade County, Missouri. He asked for damages of $10,000. An attachment bond of $20,000 was put in effect on October 31, 1865. On December 6, 1865 a writ of attachment was issued for all the goods, chattels, money, and other credits of all of the defendants up to the value of $10,000. On April 23, 1866 trial was held in the Greenfield Courthouse in Dade County, Missouri. Three of the defendants, James Taylor, Archibald Herrill and Robert Williams denied the accusations made in the petition, and William Scroggs, the administrator of the deceased David Wills Sr.s estate was given a dismissal. An order of publication was made for five of the defendants who were not residents of Missouri. On October 22, 1866 David Wills (Sr." Franklin Wills, John Fine, Marshall Fine and John H. Taylor were dismissed from the case. On August 15, 1866 the defense took John T. Hardins deposition. On October 6, 1866, a witness for the prosecution, William Davault, gave his deposition and on November 21, 1866 Thomas Williams was questioned by the prosecution and cross-examined by the defense. He said that David Wills (Jr.) a Confederate soldier (in the 6th Missouri Cavalry) came to Thomass fathers house on October 6, 1863, and asked to see his wife, who had been sick and was staying there. He refered to a mare of Harshbargers taken when Harshbarger, a Federal soldier in the 6th Provisional Enrolled Missouri Militia, was taken prisoner at 8:00 or 9:00 a.m. of that day. William Davault was questioned by the defense and cross-examined by the prosecution. The questions mostly involved a beef Davault, Robert Williams, and Thomas Williams were butchering. Next a witness for the defense, Archibald Stogsdill, was questioned. He saw three men, David Wills, John Fine and John Duggan, whom he took to be Federal soldiers (they were actually Confederate soldiers), arrest Harshbarger on the day in question. Next, Elizabeth Stogsdill was questioned by the defense. She said that Robert Williams, a defendant in the case, came to the house where she was staying (Thomas Williamss house) early on the morning of the arrest to help butcher a beef and that Samuel H. and John Westley Harshbarger had gone to Springfield. She said Robert Williams never fed or harbored any bushwhackers or Rebel soldiers. John Brewer was questioned by the defense. He said that David Wills, John Fine and John Duggan took Samuel Harshbarger prisoner on or about October 5, 1863, and that Harshbarger told him he had joined the Confederate army. The defense asked for a change of venue and was awarded one to Greene County, Missouri on April 24, 1867. This entire document is the transcript created to provide the Greene County Circuit Clerk with the proceedings of the case. Two more depositions were taken after the case was placed with the Greene County, Missouri Circuit Court. On October 10, 1867 a deposition was taken from David S. Wills (Jr." He stated that he, John Fine and John Duggan, while in the 6th Missouri Cavalry, were ordered by General Joseph Shelby to capture any men they encountered in Federal uniform. They saw Samuel Harshbarger while on their way to visit friends and arrested him on October 6, 1863 in Dade County, Missouri. They disarmed him and freed him the following day. Wills swears that no one else was involved in the arrest besides himself, Fine and Duggan. The deposition of Henry F. Howard was taken on Dec. 8, 1869 in Dade County, Missouri. He stated that Robert Williams told him that David Wills, John Dugan and John Fine said they did not hurt Samuel Harshbarger when they took him prisoner. There is no indication how the case was finally decided.
Theme	United States -- History -- Guerrilla warfare United States -- History -- 19th century -- Economics United States -- Social conditions -- 19th century United States -- History -- 19th century -- Agriculture
Subject	6th Missouri Cavalry; Assault and battery; Threats; Arrest; False imprisonment; Kidnapping; Theft; Diseases and disorders; Money; Soldiers; Newspapers; 6th Provisional Enrolled Missouri Militia; Scouts (Reconnaissance); Horses; Rebels & Yankees; Cattle; Stables; Shoemakers; Slaughtering and slaughter-houses; Food; Family; Bushwhackers; Prisoner of war; Travel; Firearms and artillery; Jayhawkers; Shelby, Joseph O.; Confederate States of America; Clothing and dress
Relation	Samuel A. Harshbarger vs. David Wills, et al - 1865
Site Accession Number	CW 19
Contributing Institution	Greene County Archives and Records Center (Springfield, Mo.)
Copy Request	Contact the Greene County Archives and Records Center at: (417)-868-4021, 1126 Boonville St., Springfield, MO 65802 http://www.greenecountymo.org/archives/
Rights	Permission is granted for duplication of the materials from the Greene County Archives and Records Center with no restrictions. Materials may be quoted with proper citation.
Coverage	Dade County, Missouri; Nodaway County, Missouri; Lawrence County, Missouri; Oregon County, Missouri; Greene County, Missouri; Barry County, Missouri; Cooper County, Missouri; Cedar County, Missouri; Grayson County, Texas; Polk County, Missouri
Volume	1 court case, 63 pages
Date.Original	1865; 1866; 1867; 1868; 1869
Date.Digital	2010-04-21
Format.Original	Court Case
Publisher.Digital	Springfield-Greene County Library District
Language	English
CONTENTdm file name	4943.cpd

Title	Page 1
Creator	Harshbarger, Samuel A.
Source	Harshbarger, Samuel A. Petition. 31 Oct. 1865. Samuel A. Harshbarger vs. David Wills, et al. CW 19. Greene County Archives and Records Center, Springfield, Missouri.
Description	A petition and affidavit in the Harshbarger vs. David Wills et al case was filed on Oct. 31, 1865. The petition listed all the defendants involved in the alleged crime, and stated that on Oct. 6, 1863, David Wills, Franklin Wills, John H. Fine, James Taylor, Marshall Fine, John H. Taylor, Archibald Harrell, and Robert Williams robbed, kidnapped, falsely imprisoned, and threatened to kill Samuel A. Harshbarger, causing him damages of $10,000, for which he asked judgment. Most of the defendants were in the 6th Regiment Missouri Cavalry.
Theme	United States -- History -- Guerrilla warfare
Subject	6th Missouri Cavalry; Assault and battery; Threats; False imprisonment; Arrest; Kidnapping; Money; Theft
Relation	Samuel A. Harshbarger vs. David Wills, et al - 1866
Site Accession Number	CW 19
Copy Request	Contact the Greene County Archives and Records Center at: (417)-868-4021, 1126 Boonville St., Springfield, MO 65802 http://www.greenecountymo.org/archives/
Rights	Permission is granted for duplication of the materials from the Greene County Archives and Records Center with no restrictions. Materials may be quoted with proper citation.
Coverage	Dade County, Missouri
Date.Original	1865-10-31
Date.Digital	2010-04-21
Transcription	[written in margin] Filing Petition [MS continues as normal] Be it remembered that on the 31st day of October 1865. there was filed in the office of the clerk of the Circuit Court within and for the County of Dade and State of Missouri a certain petition and affidavit, which said petition and affidavit are in words and figures following. [written in margin] Plffs Petition [MS continues as normal] Samuel A Harshbarger vs x David Wills x Franklin Wills x John Fine James Taylor x Marshall Fine John H Taylor Archibald Harrell and Robert Williams in their own proper persons. and William L Scroggs as adms of the Estate of David Wills senr decd } In Circuit Court Dade County Oct term AD 1865 Plaintiff States that the Defendants sued in proper person and the said David Wills senr now deceasd of whose Estate the Defendant William L Scroggs is administrator, together with divers other evil disposed persons on the 6t day of October AD 1863 in Dade County Missouri did unlawfully, feloniously, wilfully, and maliciously, and without any worrant or other authority therefor with force and arms in a violent and tumultuous manner then and there being armed with divers
CONTENTdm file name	4882.jp2

Samuel A. Harshbarger vs. David Wills, et al - 1865

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Samuel A. Harshbarger vs. David Wills, et al - 1865

Samuel A. Harshbarger vs. David Wills, et al - 1865