~ IN MEMORY OF ~

James M. Davis, Cpl.

~ GONE BUT NOT FORGOTTEN ~

Thanks to Dockery Family Association for photo!

VITAL STATS
b 26 Apr 1841 Haywood CO, NC d 12 Apr 1923 per tombstone Hanging Dog Bapt Church Cem, Cherokee CO, NC
b 21 Apr 1842 Haywood CO, NC per pension file claim
son of Reason & Sevilla Davis of Hanging Dog, Cherokee CO, NC
m 22 Oct 1860 Cherokee CO, NC by Harmon Lovingood, JP to
Elizabeth Lourena "Lou" McDonald b 1 May 1843 Cherokee CO, NC d 1 Aug 1927 per tombstone Hanging Dog Bapt Church Cem, Cherokee CO, NC
dau of James Lewis McDonald & Jemima "Mima" Lavina Deaton of Hanging Dog, NC

Pension claim was filed 24 Jul 1890. Residence was Hanging Dog PO, later Grand View PO. He first claimed service only in Voyles' CO G of 3rd TN MTD INF REGT giving less than 90 days service required for a pension. Adjutant General of the Army later changed the muster-out date of the company to 22 Dec 1864, thus giving him 90 days service. During the intervening period, he claimed service in Capt Goldman Bryson's CO of Union Volunteers of 1863. The Pensions Bureau had previously received a claim from Tennessee Davis, widow of a James Davis in Capt Goldman Bryson's CO. She claimed her husband had died 3 May 1892. Commissioner of Pensions ordered an investigation upon discovery of dual applications, both filed from Cherokee CO, NC and based on service of supposedly one man.

Special Pension Examiner Thomas H. Goethe of Greensboro, NC began inquiries in Cherokee CO, NC with William Marion Morrow of Violet Community. Morrow said he was well-acquainted with two James Davises living in Cherokee CO, NC during the Civil War. One James Davis lived at Nina PO in Cherokee CO and died about 20 yrs before, leaving widow Tennessee Davis. Furthermore, Morrow was in Capt Bryson's CO in 1863 along with this James Davis, knew him personally, and knew that James had no other subsequent service with the Union Army. This James Davis was from Fannin CO, GA and was part Cherokee Indian and about 10 yrs older than James Davis of Hanging Dog. Also, the part-Indian James Davis was like a member of Morrow's own family because they had been raised together in Fannin CO, GA. Census records of Fannin CO, Ga in 1860 disclose that these two families were near neighbors. Morrow said he was in 3rd TN MTD INF REGT himself and knew that James Davis from GA did not join that regiment.

In addition, Morrow said James Davis of Hanging Dog served with him in 3rd TN MTD INF REGT, but he was absolutely positive that Davis never was in Bryson's CO. Morrow then recited from memory many of the names of soldiers who did serve in Bryson's CO, including John Lafayette Hickey and his brother Britton Hickey, both captured by CSA Capt George Gailor Bristol and hanged at Old Murphy, 24 Oct 1863.

Other witnesses examined by Goethe included Samuel S. Beaver, A. B. Panther, G. W. Davis, M. P. Snead, and John L. "Black Fox" Stiles. The latter said James Davis of Hanging Dog served in Capt Goldman Bryson's CO with him and also in Voyles' CO G of 3rd TN MTD INF REGT. The other witnesses agreed with Stiles. G. W. Davis, brother of James Davis of Hanging Dog, said he knew his brother was in the Union Army but did not recall the company saying, "I sorter think it was Bob Lovingood's." Robert Lovingood ran a kind of Home Guard of Union men in Cherokee CO in 1864. Lovingood and Benjamin Franklin Davis, brother of Hanging Dog Jim, were killed by Indians, 21 Oct 1864. Relatives said they were bushwhacked by Rebel Indians from Thomas' Legion. Another brother of Hanging Dog Jim Davis was Clem Davis, pvt in 3rd TN MTD INF REGT, resident of Coker Creek, TN, but no testimony was taken from him.

When confronted with Morrow's testimony, Jim Davis denied it and insisted he was the James Davis in Bryson's Co. He said he knew the part-Indian James Davis, was older than the other James, and was no relation to him. Both Stiles and Beaver testified that they never heard of a James Davis living at Nina, Beaver Dam Township, or his widow Tennessee Davis. Sherman Crain, postmaster of Nina, said that James and wife Tennessee Davis did live in Beaver Dam Township. The 1870 census of Cherokee CO, NC further established that fact. Marriage records in Murphy, NC Courthouse showed James Davis, son of Isaac Davis, married Tennessee Taylor, dau of Bolden Taylor 13 Oct 1867 by F. A. Higdon, MG.

After Morrow's testimony, Goethe was convinced that James Davis was trying to defraud the government in his pension claim. However, after three more days of additional testimony, Goethe concluded that James Davis served in 3rd TN MTD INF REGT and in Bryson's CO and was the James Davis referred to by Special Investigator for the War Department, 1st Lt William H. Clapp in 1871 as serving in Bryson's CO.

Pension was granted to Hanging Dog James Davis at $18 per month from 19 Apr 1913, increased to $21 per month on 26 Apr 1917, and to $72 per month on 8 Jul 1921. His widow received $30 per month and was increased to $50 per month before her death.

CSA service record reveals that Hanging Dog James Davis enlisted 18 Jul 1862 at Beaver Dam, Cherokee CO, NC in Capt C.C. Berry's CO A, Lt Col William C. Walker's Battalion, Thomas' NC Legion. He was listed as 21, 6 ft tall, born Buncombe CO, NC, and current resident of Cherokee CO, NC. Davis was promoted to Cpl 31 Aug 1862. He was listed as AWOL by Dec 1862. Later he was present for duty period ending 22 Feb 1863 but was listed as deserted 9 Apr 1863 at Winter's Gap, TN.

by
Sandra Ratledge, gr-gr-gr-gr-niece of soldier & gr-gr-gr-niece of Lou McDonald Davis
some data from Robert A. Barker's research

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