Eli Roberts, Pvt.

~ IN MEMORY OF ~

Eli Roberts, 1st Sgt.


VITAL STATS

b ca 1815-30 NC d 22 Jul 1864 Hatcher's Run, near Petersburg, VA
occupation - millwright
son of Israel P. & Jane Roberts of Cherokee CO, NC

m 25 Apr 1842 Franklin, Macon CO, NC TO
Mary A. M. Eller b d

Eli Roberts first volunteered with the Confederacy, enlisting 18 Jun 1861 in Capt George W. Hayes CO A, 2nd NC CAV, at Murphy, NC. His last pay period was dated 30 Jun 1863, and he deserted the Confederates sometime afterwards.

On 29 Sep 1863, he was mustered into the Union Army in Capt Goldman Bryson's CO of volunteers at Knoxville, TN. He narrowly escaped capture by Gen John Crawford Vaughn's Confederate CAV at Evan's Mill in Beaver Dam, Cherokee CO, NC when Vaughn's CO attacked and dispersed Bryson's CO on 27 Oct 1863.

Eli's luck ran out when he was finally captured at Reem's Creek in Buncombe CO, NC by Confederates on 18 Dec 1863. He was then sent north as a prisoner to his former Confederate regiment located at the time in Petersburg, VA. There on 2 May 1864 he was tried by a General Court Martial, convicted of spying, and sentenced to be shot to death. On 22 Jul 1864, he was executed by a firing squad in the presence of Barringer's Brigade at Hatcher's Run, nine miles from Petersburg, VA. Gen Robert E. Lee, Commander of the Army of Northern VA, approved the sentence of the General Court Martial and signed General Order No. 37 to execute Eli Roberts for spying. The proceedings of the General Court Martial were located in Henry E. Huntingdon Library, San Marino, CA.

Most of the information regarding the case comes from the widow's pension application filed 9 Jul 1869 from Bone Camp Post Office, Madison CO, NC. Mary A. M. Eller Roberts, his widow, stated that she married Eli Roberts at Franklin, Macon CO, NC on 25 Apr 1842, was the mother of his children, and therefore entitled to a dependent widow's pension. In her household, she listed a minor child, Sarah J. Roberts, born 11 Dec 1853, as a dependent under age 16. However, a pension was most difficult for her to attain. Her case was investigated by Special Agent M. E. Jenks of the Pension Bureau. Within the file, is an undated affidavit from Joseph M. Davis, executed before J. I. Gudger, Clerk of Superior Cout of Madison CO, NC. Davis said that he was a former pvt , CO K, 25th NC INF, CSA and knew Eli Roberts before the Civil War. Davis stated that he was present 22 Jul 1864 near Petersburg, VA when Eli was taken from the Guard House, marched a short distance, and shot to death by a squad of soldiers. He claimed that Eli was executed because he was a Union soldier, carrying on his person papers enroute to enemy forces and signed by a Federal officer.

The file contains the following original letter received by Mrs. Eli Roberts informing her of her husband's death by execution:

Office of the Provost Marshal
Barringer's Brigade
July 30, 1864

Mrs. Mary A. M. Roberts:
Madam:

It is a painful duty to inform you that the remains of your husband are deposited near Mrs. Cummings's on Hatcher's Run some 8 miles of Petersburg.

He met death with hope and Christian fortitude, on Friday, July 22. Just before the execution he gave me some things he desired sent home. So far I have been unable to find anyone going to Asheville so that I could send them, and shall therefore attempt to send them by mail. I hope they reach you safely.

In this sad affliction let your hope and trust be in God who gives and can take away. All reliance upon his man power is in vain and in times of distress, true comfort and relief comes only from Heaven. His burial and grave, etc. were the best we could under the circumstances prepare.

I was the last person to whom he spoke and his last words were farewell and an exhortation to meet him in Heaven. Hoping that God who tempers the wind even to shorn lambs will in your sad affliciton administer comfort and consolation and have your heart so rudely torn, I am

Most respectfully,
J. Edwin Moore
Lt. & Provost Marshal

The file contains some conflicting testimony. Agent Jenks took testimony on 10 Feb 1875 from Eli Roberts' son Jacob M. F. Roberts who said his mother lived near Lebannon, Dekalb CO, AL. Furthermore, he claimed that he was in the Confederate Army with his father, deserted with him, afterwards joined Bryson's CO also, but was not with him when captured. Lt William H. Clapp, conducting investigation into fraud in the Payne-Boyd substitute muster roll for Capt Bryson's CO, said Jacob Roberts listed on this roll was "entirely unknown in the country." There were seven men named Roberts listed on the Payne-Boyd roll as follows:

Therefore, it appears that Jacob M. F. Roberts was seeking his own fraudulent claim.

On 30 Mar 1875, Agent Jenks took testimony from Eli Roberts' widow then living in Lebannon, Dekalb CO, AL. She said that she left Buncombe CO, NC in 1871 and moved to AL. Also, she said her husband had three brothers in Cherokee CO, NC who could give him more information. Their names were William Roberts, Joseph Roberts, and Reason Roberts.

On 10 Jun 1875, Agent Jenks took testimony from Reason Roberts who said that his brother Eli stayed with him at his home in Cherokee CO, NC from the time that Eli and their brother William S. P. Roberts deserted the Confederacy and until fall of that year. At that time, he went with William and Eli to Knoxville and joined the Union Army in Bryson's CO of volunteers. Eli was listed as an Orderly SGT or 1st SGT. Furthermore, he claimed that both he and Eli were captured by Rebels at Reem's Creek in Buncombe CO, NC, 18 Dec 1863, and that Eli's son Jacob Roberts was also in Bryson's CO with them but had escaped capture. He said that he and Eli had been sent to an Asheville Prison and later to Camp Vance at Asheville, NC. Later Eli was sent to Petersburg, VA and shot as a deserter. He also stated that Adam Eller was captured with Eli and himself. Reason Roberts said that he had received a letter from Petersburg, VA stating that his brother Eli had been tried for desertion and condemned to death. However, he had lost the letter. (See also Reason Roberts, Pvt, link on CO A, 1st TN National Guard, Volunteers of 1863.)

On the same day, Agent Jenks took a sworn deposition from William S. P. Roberts in Polk CO, TN. William Roberts said that he was a brother to Eli and they were sons of Israel Roberts who moved the family from Buncombe CO, NC to Cherokee CO, NC in 1841 or 1842. However, Eli had stayed behind to marry Mary Ann Eller. About 1860, Eli who was a millwright by trade, moved to Cherokee CO, NC and built two mills. William said that he and Eli joined Capt Hayes CO of CAV at Fort Hembree, Cherokee CO, NC. After about 18 months, both came home; Eli lived with their brother Reason, resident of Cherokee CO, NC. Afterwards, he and Eli lay out of service for some months. Then in Sep 1863, Eli, Reason, and he went to Knoxville to join Capt Bryson's CO in the Union Army. Later, Bryson's CO made a raid into Cherokee CO, NC; Eli and Reason were captured by Confederates. Eli was sent north to Petersburg, VA and shot. William said he was not with Bryson's CO on this raid.

From New Bern, NC on 20 Jun 1875, Agent Jenks recommended to the Pension Bureau that Mrs. Eli Roberts' claim be rejected. His rationale was that since this soldier had previously enlisted as a volunteer in the Rebel Army no pension should be granted. Her claim was officially denied 25 Jul 1875 and again on 10 Apr 1877 after her application was endorsed by Congressman Robert B. Vance of NC.

Although SGT Eli Roberts gave the ultimate sacrifice for the Union cause, his widow was denied a pension. To my knowledge, this soldier's grave lies still unmarked and unnoticed. On this day, 22 July 1999, marking 135 years since his execution by a Confederate firing squad, I place this memorial tribute to Eli Roberts on the internet. Although his contribution seemed of little apparent consequence to the officials at that time, I dedicate this space to his memory.

by
Sandra Ratledge, gr-gr-gr-gr-niece
source: military pension file and Robert Barker's research

Public Domain, but please include this site in your sources