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Second Generation

7. ELIAS B. HAYS2,3,4,5,6,7,8,9,10 was born on 28 January 1829 in Tennessee.7,11,12,13,14 He served in the military in 1861–1863 at Co. C, 17th Arkansas Infantry, CSA in Civil War.5 He served in the military in 1864–1865 at Company I, 2nd Arkansas Infantry, USA in Civil War. ELIAS died on 5 November 1879 at the age of 50 in Crawford County, Arkansas.4,13,15,16 He was buried at Sarah's Grove Cemetery in Crawford County, Arkansas.

Married by Rev. Nabors, MG. In Martha's pension application, Parthena Haggard testified as to being present at marriage in 1846 in Tippah County MS, 8 Apr 1883.

1850 census says Elias and Martha born in Tennessee. 1860 Johnson Co AR Census says Elias born in Mississippi, Martha born in TN. 1870 Crawford Co AR Census says Elias born in Alabama, Martha born in Mississippi. 1880 Mortality Schedule says "Eli" born in Tennessee, parents born Illinois. In the 1880 Polk Co AR Census, daughter Ann (Hays) Allen gives birthplace of both her parents as Tennessee. 1900, John J. Hays says his parents were both born in Mississippi.

1850 Census Tippah Co Ms: Dwelling #1013 Elias Hays Age 22, Laborer, born TN; Martha 17, born TN, Mary E. age 1, born MS.
Dwelling #1038 is Delilah Hays, widow, age 53 born NC with Parthena age 12 born TN. Parthena (Hays) Haggard later testified she was at marriage of Elias & Martha. [Is Delilah mother of Elias and Parthena his sister?] Also 3 young girls live with Delitha - Mary and Alethe Ball, ages 11 & 9, and Elizabeth Vincent age 4.
Dwelling #1073 is Martin Hays, age 21 born NC with Margaret R. age 21 born TN.
Dwelling #1074 is John Hays age 26, born NC with Frances age 23 b. IL, Nancy J. age 6 born TN and Wiley Martin age 18, b. AL.
Other Hays families that appear in Tippah Co in 1850 are:
Dwelling #518 Thomas Hays, age 30, born SC, Nancy age 26 born TN, Alsey O. age 2 & John 4/12 both born in MS and Rebecca Robinson age 18.

Looking back in 1840 in Tippah Co, there is listed Delitha Hays with 1m 10-15 (Elias?), 1m 15-20 (Martin?), 2m 20-30 (John & ???); 2f under 5 (one of these would be Parthena), 1f 20-30, 1f 40-50 (Delitha).
Mastin/Martin Crutcher, probable father of Martha Frances Crutcher wife of Elias is found in 1840 in Tippah Co with 1m -5; 1m 5-10; 1m 40-50; 1f -5; 1f 5-10; 1f 10-15; 1f 15-20; 1f 40-50.

In 1853, April Court in Johnson Co AR Delitha Hays asked the court to appoint Elias B. Hays as guardian for her granddaughter Elizabeth Vincent under the age of 14.
On 6 Jul 1856 Mary Ann Ball was married to Richard Grantham in Johnson Co at the home of Delitha Hays. (Mary lived with Delitha in 1850 in Tippah Co MS. One would think she was another granddaughter.)

1860 Census Pittsburg Twp, Johnson Co AR, Household 252:
Elias Hays, 29, Farmer, personal property worth $200, b. MS
Martha, 24, b. Tenn
Mary, 11, b. Miss
Born in Ark: Ann, 7, Dolitha 5, John 3, William 1.
Elizabeth Vincent, age 14, b. MA [Elias's niece]

Household 251: Nathan & Sarah Grantham, parents of Richard
Household 276: Richard Grantham, age 19 b. LA; Mary age 21 b. MS; Sarah age 1.
Household 318: John Hays, age 39 b. NC, Isabella age 7 & Francis age 4 both born in AR (Is this the John from Tippah Co - age is off, no spouse, but he was born in NC)
Household 341: Delitha Hays age 58 b. NC; Margaret Hays age 28 b. TN; Parthena age 20 b. MS; Ardenia age 9 & Arkansas age 7 both b. AR. (Delitha should be about 63 by this time; Margaret could be the wife of Martin from 1850.)

It is certain Elias Hays served on both sides during the Civil War. Elias Hays appears on the Muster Roll of Co. C, 17th Arkansas Infantry in November of 1861. He was enlisted at Clarksville by O. Basham for 12 months. He was a Sergeant. On 14 Jun 1862, he was detailed on extra duty, listed as 2nd Sergt until 3 Jun 1861. By June of 1862, the regiment had become the 21st and he was listed as a Private. On 28 Jan 1862, he was detailed as a Waggoner. Captured at Vicksburg on July 4, 1863 and released after signing pledge he would not take up arms again against the U.S.
Vicksburg, Mississippi, July 7 A.D.1863
To All Whom It May Concern, Know Ye That
I Elias Hayes a Private of Regt 21st Ark Vols. CSA, being a Prisoner of War, in the hands of the United States Forces, in virtue of the capitulation of the City of Vicksburg and its garrison, by Lt. Gen. John C. Pemberton, CSA, Commanding, on the 4th day of July, 1863, do in pursuance of the terms of said capitulation, given this my solemn parole under oath ---
That I will not take up arms again against the United States, nor serve in any military, Police, or constabulary force in any Fort, Garrison or field work, held by the Confederate States of America, against the United States of America, nor as guard of prisons, depots or stores, nor discharge any duties usually performed by Officers or soldiers against the United States of America, until duly exchanged by the proper authorities.
Signed: Elias Hays
Sworn and subscribe before me at Vicksburg, Miss., this 8th day of July, 1863.
Capt S. W. Forgy, 31st Regt. Illinois Vols., Paroling Officer.

Johnson Co AR County Court Records, Book D, p.232: 21 Jan 1862 "In the matter of Elias Hays being a volunteer in the service of the confederate States and his family being unable to make a support it is here ordered by the Court that the clerk issue a warrent in favor of G. W. Collier for the sum of twenty-five dollars for the support of said family."

On Jan 20 1864 at Clarksville, Elias Hays enlisted as a Private in Company I of the 2nd Arkansas Infantry (Federal Troops) and was mustered out at Clarksville on Aug 8, 1865 as a Corporal. His widow, Martha F. (Crutcher) Hays, applied for his US Civil War pension. has his service record, including his enlistment papers. Elias enlisted as a private for the 2nd Reg't. Arkansas Infanty, 20 Jany, 1864 at Clarksville, AR. He was age 36, occupation, farmer. He enlisted for 3 years. His eyes were grey, hair light, complexion light, height 5 ft 8 in. Mustered in 18 May 1864 at Little Rock. Bounty paid $60. Due $240. Credited to the 3rd Cong. Dist. Ark. He was present 29 Feb to Jun 30, 1864. July & Aug of 1864 he was absent with leave since 24 July. In Sept & Oct, Elias was listed as absent without leave since 24 July. This may very well coincide with the burning of his home and his need to assist his family. Papers with Martha's application for his pension indicate that he returned on Nov 16th 1864 from absent sick at Fort Smith. No medical records found, but one report says he was treated in the Regimental Hospital. He was present Nov & Dec, 1864, on daily duty cooking for the commanding officer the company since 16 Nov 1864. He was present in 1865 and promoted from private to corporal, during May or June. Morning Reports with the pension file show that he was absent with leave for 10 days, 6 Jul 1865 and returned to duty, 18 Jul 1865. He was mustered out, age still given as 36, 8 Aug 1865 - he had been last paid on 24 Feb 1865. Clothing account was last settled 28 Feb 1865, and he's drawn since $34.22. Bounty paid is $180, Due $120. Private from enrollment to June 29/65, then Corpl. His signature on the enlistment papers, Declaration of Recruit, does match his surrender at Vicksburg.
2nd Regiment Infantry
Organized at Springfield, Mo., and Fort Smith, Ark., October, 1863, to March, 1864. Organization completed at Fort Smith March 13, 1864. Attached to District of the Frontier, Dept. of Missouri, to January, 1864. District of the Frontier, 7th Army Corp., Dept. of Arkansas, January, 1864. 2nd Brigade, District of the Frontier, 7th Army Corps, to March, 1864. 1st Brigade, District of the Frontier, 7th Corps, to May, 1864. 2nd Brigade, 2nd Division, 7th Corps, to December, 1864. 1st Brigade, District of the Frontier, 7th corps, to February, 1865. 1st Brigade, 3rd Division, 7th Corps, to August, 1865.
SERVICE.--Skirmish at Clarksville December 15, 1863. Affair at Jacksonport, Ark., November 21, 1863. At Fort Smith until March, 1864. Steele's Expedition to Camden March 23-May 3. Prairie D'Ann April 9-12. Moscow April 13. Limestone Valley April 17 (Detachment). Jenkins' Ferry, Saline River, April 30. Duty at Little Rock until July and at Lewisburg until September. Ordered to Little Rock September 10, and duty there until October 18. Escort train to Fort Smith October- November. Moved to Clarksville December 31, and duty there and at Fort Smith until August. Mustered out August 8, 1865.

Arkansas Abstracts re Crawford Co show that on 21 Dec 1869 Elias Hays served on a Grand Jury and 14 Jun 1870 on a Petit Jury. Serving with him on the Petit Jury was his son in law, (Henry) Clay Allen.

US Census 1870; Crawford County AR, Cedar Creek Twp, Hh 173
Elias Hays, age 41, Farmer, Real estate $1400, Pers prop $350, b. AL.
M. F., female, 37, Keeping House, b. MS
Delitha, 16. John J. 14. W. R. 12. Ben M. 9, Elias E. 6, all , b. AR
A. E. E., age 3 - listed as male but this was daughter Elizabeth, called Lizzie, b. AR
A. D. S. Hays, age 19, b. AR [There is an excellent possibility this is a niece of Elias - Ardena Frances Hays who was a nine-year-old in the household of Elias' mother Delitha in 1860. Her name seems to have been misunderstood. By 1880, Ardena was married to Michael Duggan and living in Crawford Co]

VAN BUREN PRESS, 24 Dec 1872. Loyal Claims which have been favorably reported on in the county included Elias Hays, $300.

Obituaries, Death Notices & News Items Extracted from the Van Buren Press 1873; Fran Alverson Warren, 2001
p.1 Claims against the Government. Claims against the U.S. States prosecuted by W. L. Taylor, Esq.
In the list:
Elias Hays $300

Obituaries, Death Notices & News Items Extracted from the Van Buren Press 1875; Fran Alverson Warren
p.28 Shares in Crawford Co Agricultural & Mechanical Assn.
Elias Hays - 1 share
p.51 on Petit Jury for Circuit Court of Crawford Co - Elias Hays

On 15 Jun 1877, Elias Hays patented the following tracts in Crawford County at the Land Office in Dardanelle. (I think it's neat that Rutherford B. HAYS was President at the time of the patent!) These were all on the same patent and there's no question they were all his. They were filed under the original homestead Act of 20 May 1862. Under the original Homestead Act an applicant could not have borne arms against the U.S.; this provision removed 1867.

(1) SE 1/4 of NW 1/4 of Section 25 (40 acres)
(2) SE 1/4 of NW 1/4 of Section 32 (40 acres)
both of these in Township 10N, Range 32W

(3) E 1/2 of the NE 1/4 of Section 5, Township 10N, Range 29W (80 acres)

We know about (2) - There is a deed when this land was sold to James Whitehead for $25 on 20 Apr 1875 - two years before the patent was completed. This isn't the first time I've seen this occur - perhaps the federal red tape was even worse back then. This land was almost on the Oklahoma border. It was the SE 1/4 of NW 1/4, S32, T10, R32.

(3) - no clue about what happened to this 80 acres. It's on the Eastern side of Crawford County almost to the Franklin Co line. Somewhere there must be another deed of sale. Or he mortgaged it and lost it and the record hasn't been found. Would have been extremely inconvenient to try to farm this land, I think. Looking on a present day road map, this property would be maybe 3-4 miles north and slightly to the East of Mulberry. One wonders why he bought here? If there are roads to this property, they most likely head north out of Mulberry.

(1) - This patent gets trickier. The land lay very near Figure Five. It was a 40-acre tract. Elias and Martha Hays mortgaged their property to the store Austin & Bourland for supplies, etc. to make their crop on at least two occasions. [Copies in my files.] They mortgaged the SE 1/4 of NW 1/4 of S25, T10, R32 and the NE 1/4 of the SW 1/4 of S25, T10, R32. A 1/4 of a quarter section is by definition 40 acres so this adds up to 80 acres of mortgaged property. Plotted on a section map, these two pieces of property adjoin. The first 40 acres SE 1/4 of NW 1/4 was (1) tract patented in 1877. When did Elias acquire the other 40 acres? He could have bought it from an individual since it's not in the Federal land records. There should be an earlier deed of purchase for this property unless it was lost in the Crawford Co courthouse fire. The 1st of the mortgages was for the crop for the year 1878, to be paid on 1 Jan 1879 and a note in the margin states that it was satisfied on 8 Feb 1879. On that same day, Elias & Martha signed (he with his signature; she with her mark) for the 2nd mortgage. Elias died in November of 1879; he might have had time to get in his crop. However, Martha's widow's pension application said that he died of rheumatism and consumption (likely contracted in the Civil War as so many did) so he may not have been well enough to get in the crop that last year. If Martha lost some or all of the land after Elias died, there should be a recorded deed for when Austin & Bourland sold it or a sheriff's sale deed for the debt owed by the Hays'.

I ordered the Homestead packet from the National Archives.
Affidavit #4694 filed at Clarksville 3 May 1870. Under the provision of an Act of Congress, 20 May 1862, Elias was entitled to secure a homestead. He stated he was the head of a family; he was a Citizen of the U.S.; great distance prevented his personal attendance at the District Land Office [at Dardanelle]; he had not heretofore had the benefit of the Homestead Act; the application was for his exclusive benefit and he would make actual settlement and cultivation himself.
Signed by Elias Hays [the paper not written by him based on the signature - the signature does match other examples on file] on 22 April 1870.
There is a receipt dated 3 May 1870 for $7 for the SE 1/4 of NW 1/4 of Section 25, Township 10 North, Range 32 West. under the acts of Congress 20 May 1862 and 21 Mar 1864. [I believe this 40 acres did become the site of his home.]
On 5 Apr 1875, Wm. C. Stevens and James S. Winford furnished the proof needed. They stated they had known Elias Hays for six years. He was the head of a family consisting of his wife and nine children. That he had settled on his land on 3 May 1870 and built a house thereon. It has been exclusively his residence. He has plowed, fenced and cultivated about 5 acres and built a dwelling house, smoke house, corn crib, stables, etc.
Elias signed his final Affidavit, also on 5 Apr 1875, for Homestead Certificate #745. He also made additional entry under the Act of June 8, 1872, which granted additional lands to soldiers who served in the rebellion. He applied for another 40 acres - the SE 1/4 of the NW 1/4 of S32, T10N, R32W and 80 acres, the East 1/2 of the NE 1/4 of S5, T10N, R29W. The maximum allowed was 160 acres. He signed an Affidavit that he complied with the requirements of the law in respect to the original Homestead and was in good standing. The Additional Application was #9182. The receipt for $14 is in the file.
A copy of the discharge of Elias Hay was made on 5 Apr 1875 - he must have brought it in with him:
"Know ye, that Elias Hays, a Corporal of Captain Ira D. Branson, Company I, 2nd Regiment of Arkansas Infantry Volunteers who was enrolled on the 20th day of January 1864 to serve three years or during the war, is hereby Discharged from the service of the United States, this 8th day of August 1865 at Clarksville, Arkansas by reason of Expiration of service term, under provisions of the W. D. 30 C. S. A. S. O. Said Elias Hays was born in Alabama, is 36 years of age, five feet eight inches high, light complexion, gray eyes, light hair and by occupation, when enrolled, a farmer. Given at Clarksville, Ark. this 8th day of August 1865. Julius Schlaich, Capt. 27th Wis Infty. Asst. Comm Muster 7th A.C."
A letter to the Adjutant General, U.S. Army, is dated 29 Apr 1879 and was a request for the muster in, service and discharge of Elias Hays, Company I, 2nd Regt Ark. Infantry from Jany. 10, 1864. [I'm not sure why this was in the file, the patents had long since been issued] There was a reply dated 25 Oct 1879, from the Adjutant General's Office. "It appears, from the Rolls on file in this Office that Elias Hays was enrolled on the 20th day of Jan 1864 at Clarksville, in Co. I, 2nd Regt of Arkansas Volunteers, to serve 3 years or during the war and mustered into service as a recruit from the 20th day of Jan 1864 at Little Rock in Co. I, 2nd Regiment of Ark Volunteers to serve 3 years, or during the war. On the Muster Out Roll of Co. I dated August 8th, 1864, he is reported present and mustered out as a Corporal that date with said Co. at Clarksville, Ark.
The patent for the 160 acres was issued 15 Jun 1877.

p.19; 19 Mar 1879. Petit Jurors: included Elias Hayes
p.71; 15 Nov 1879. DIED HAYES Near Figure Five on the 5th inst. [this month], Mr. Ely Hayes, aged 53 years.

The 1880 Mortality Schedule has "Eli" Hays, age 50, died in Oct 1879 in Crawford Co. This record says b. TN; father & mother b. Illinois!

1880 Census; Crawford County AR
Hays, Martha 47
Wm R. 21
Elias E. 16
Elizabeth 13
Silas N. 9
George W. 5
Ben M. 19
Sarah 18 (wife of Ben)

The 1890 Crawford Co Reconstructed Census lists an Elias Hays as living in the Figure Five school district at S25,T10,R32. This would have to be the son Elias. This land may very well be the original patent.

Old Grave Stone had death as Oct 5 as printed in "History in Headstones". New Stone has Nov. 5. Pension Application had Nov. 5. Children listed on stone as John, William "Will", Dillie, Elizabeth "Lizzy", Ben, Silas, George Wallace, Ann.
Two children were omitted - the oldest daughter Mary and son Elias.
From Freda Hays Barnett's family book: Printed on Elias' old grave marker: "Death with his cold icy fingers has taken the dearest companion from our house"

Arkansas Land Records reveal that an "Elias Hays" took deed to 120 acres in Crawford County in 1839 (he does not seem to be part of the Hays family who lived in Scott Co). Probably another Elias Hays patented 129 acres in Bradley County in 1860, and 160 acres in Polk County in 1875. An Elias Hays patented 160 acres in Crawford County in 1877 and seems to be the only one that applies to this particular Elias Hays.

"Biographical & Historical Memoirs of Western Arkansas" by Goodspeed c1891 lists Elias Hays, Hiram Hays, and Archibald Hays as early settlers of Scott County. They were all the sons of Peter Hays of Bedford Co TN. The 1850 Census Index shows an Elias Hays in Mountain Twp, Scott County and he has a son also named Archibald. [This is NOT our Elias-there were at least two Elias Hays' in Arkansas at this time of approximately the same age!] Elias Hays from Scott County served in Co. H, 19th Arkansas (Dawson's) Infantry born 1831 or 1833 was taken prisoner at Arkansas Post and imprisoned at Camp Douglas, IL. No relationship can be determined between these Hays families.

ELIAS B. HAYS and MARTHA FRANCIS CRUTCHER were married on 8 August 1847 in Tippah County, Mississippi.4,13 MARTHA FRANCIS CRUTCHER13,17 was born on 8 April 1833 in Tennessee.7,14 She died on 20 January 1896 at the age of 62 in Crawford County, Arkansas.16,18 She was buried at Sarah's Grove Cemetery in Crawford County, Arkansas.

Although Martha's parents are unknown, there was a Mastin/Martin Crutcher living in Tippah Co MS in 1840. He had 1m under 5, 1m 5-10, 1m age 40-50 and 1f under 5, 2f 5-10, 2f 10-15, 1f 15-20, 2f 20-30, and 1f 30-40. Martha would have been about age 7 in 1840.

1841 Mississippi State Census, Tippah Co. had Martin Crutcher with 3 males and 8 females in his household. A Nicholas "Hase" was noted in Mississippi in 1841, the only Hays found, any spelling.

"Death Notices of Tippah County, Mississippi", published by Old Timer Press in Ripley, MS had the following
Critcher, Martin. [Probate records, dec'd 1847] Elijah P. Mitchell, Admin.
MS State Archives does not have these probate records.

I did find a marriage record from Orange Co NC for Mastin Crutcher to Mary "Polly" Hancock on 3 July 1816. Compared to the 1840 census of Mastin Crutcher in Tippah Co, MS - this doesn't work well. This marriage probably is not the same man as the father of Martha Francis. The marriage was in 1816. In 1840, the probably spouse was age 30-40 so she would have been under age 16 if she is Mary Hancock. And a marriage in 1816 would account for the younger children but not three of the older girls in Crutcher's household who were between 15 and 30 by 1840. Mary Hancock could, of course, been a second wife. In fact by 1840, Mary Hancock could have died and she isn't the female age 30-40. But there are too many "ifs" without supporting information, that the Mastin Crutcher in North Carolina is the SAME man as the one in Tippah Co Mississippi. It is also true that his name may have been Martin, not Mastin - there simply are not enough records of this man to be sure.
It is true that Elias and Martha named their first daughter Mary, but then that was one of the most popular given names in any family.
Also in Granville District, Orange Co, Martin Crutcher was bondsman for the marriage of Rebeccah Crutcher to Joel Hays, 15 Oct 1815. (Joel is not a name used again in this Hays family)

1850 Tippah Co MS Census says Martha was born in TN. John J. Hays says his mother born Mississippi in 1900 Census.

Surname found on "new" headstone in Sarah's Grove Cemetery. The book "History in Headstones" had her name as Martha Frances Hays, but it is now Martha Crutcher - the stone replaced sometime between 1970 and 1998.

On the old grave marker was "In living Memory of Martha Francis Hays, Born April 10, 1833, Died Jan. 20 AD 1898, A Dear Mother, Loving Companion, and Friend". Stone replaced by Freda Hays Barnett, placing a double marker listing her as Martha Crutcher.

In 1880, Martha was widowed. Age 47, b. TN, father and mother born in NC. William, Elias, Elizabeth, Silas & George still at home. Benjamin and wife Sarah also live there. All children, who were born in Arkansas, state that both their father and mother were born in Tennessee.
Jasper Twp, Crawford Co AR, p.510B, Hh 3
Martha Hays, 47, Widow, Keeps House, can't read & write
Wm R., 21, son, works on farm. Elias, 16, son, works on farm.
Elizabeth, 13, dau. Silas N. 9, son. George W., 5, son.
Ben M. 19, son, married, works on farm.
Sarah E., 18, wife, keeps house

Applied for Widow's Civil War Pension 28 July 1890, Claim #303483. Martha gave her age as 57, post office as Stattler, Crawford Co, AR. She was married to Elias Hays who enlisted 20 Jan 1864, Company I, 2nd AR Infantry Vols and discharged as a Corporal, 8 Aug 1865. He died 11 Nov 1879. She was married as Martha F. Crutcher on 8 Aug 1847, by Rev. Nabors, MG at Tippa Co, Miss, neither having been previously married. Stated she had remarried to Stephen Yard in 1886 which said marriage was void because Stephen Yard had another wife or wives still living! She had a son under age sixteen, George Wallace, born 9 May 1875. Ceremony to Yard was performed by Stephen T. Matlock, JP for Crawford Co. Testimony of George & Mattie Haskett that they were present on 19 Dec 1886 when she married Stephen Yard. [I believe Mattie was her eldest daughter.] Testimony from Parthena Haggard that she was present at the marriage of Martha and Elias Hays in Mississippi and she knew Martha before the marriage, had known her for 40 years. E. A. Vansant also signed her application, stating he had known her for 15 years. [I believe this is Parthena Hays, sister to Elias, based on the 1850 Census] None of the records stated whether or not Martha ever received her pension.

ELIAS B. HAYS and MARTHA FRANCIS CRUTCHER had the following children:



Mary Ellen HAYS.



Ann Eliza HAYS.



Delitha HAYS.






William Richard HAYS.



Benjamin McClure HAYS.



Elias E. HAYS.



A. E. E. [Elizabeth] "Lizzy" HAYS.



Silas N. HAYS.



George Wallace HAYS.