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| a Generation of Kansas Pioneers in Atchison, Brown & Doniphan Counties | ||
28 Dec 2009
Rutherford Selected Documents
Dower
Davis County Iowa Probate Records, Davis County, Iowa, District Court.
Vol. B, p.262
Estate of John Rutherford, deceased
Assignment of Personal Dower.
Judge assigns personal dower to Cloa A. Rutherford, widow of John Rutherford. Wearing apparel not exceeding $100, spinning wheels, weaving looms, kept for the use of the family, and bed + bedding for every two persons in family, one cow, ten head of sheep, and their fleeces, and the yarn and cloth manuf. from same, three hogs, three tons of hay, and provisions for the family six months, and one horse.
14 July 1849.
Civil War Pension
Civil War Pension Files, NARA, Washington, DC.
Certificate No. 148271, Cloah Ann Deavers
Camp Peoria
Sep 6 1862
Letter from Captain Thomas
1862
This is to certify Andrew J. Rutherford is a private in Company 'C' 86 Regiment of Ills Volunteers & has a widowed mother dependent upon him for support.
Jos. F Thomas Capt
Co "C" 86 Reg Ill vols
[The name "J E Prescott" overwritten in center of page perpendicular to other writing]
[Aug 26, 1864]
State of Illinois
Peoria County
Declaration by Cloa
1864
On this 26 day of August A.D. 1864 personally appeared before me, the Clerk of the County Court of the County of Peoria in the State of Illinois, Cloa Ann Deavers a resident of Chillicothe in the County of Peoria and State of Illinois, aged 54 years, who being by me first duly sworn according to law, doth, upon her oath, make the following declaration, in order to obtain the benefits of the provisions made by act of Congress, and approved July 14th, 1862: That she is the widow of John Rutherford, and mother of Andrew J. Rutherford who was a Private in Company C, commanded by Captain Joseph Thomas in the 86 Reg't of Ills. Inft volunteers in the war of 1861 and 1862, to suppress the rebellion of the so called Confederate States; that her said late son (the soldier aforesaid) enlisted or volunteered at Chillicothe Ills on or about the 5 day of August, A.D. 1862 That her son Andrew J. Rutherford died at Kenesaw Mountain on or about the 27 day of June, A.D. 1864 the cause of his death being a shot received in battle, and being at the time of his death in the Service of the United States, and in the line of his duty. She also declares that she has not in any way been engaged in or aided or abetted the rebellion in the United States; that she has ever been, and will ever remain true and loyal to the United States; that she is not in receipt of a pension under the 2d Section of the Act above mentioned, or under any other Act, nor has she again married since the death of her late son deceased, the said Andrew J. Rutherford.
That her late son, Andrew J Rutherford died unmarried, leaving no wife, widow, child or children surviving him. That she was dependent in part for support upon the said son, having no settled income or permanent means of support, and that her said son, deceased, did, in his lifetime aid her, (this declarant) with his labor, wages, pay and earnings regularly, as he could earn and to the amount of one hundred dollars during the last year of his life, and as much as he could spare, and that said aid was, and is necessary to her support.
That her Post Office address is at Chillicothe Illinois
And she hereby constitutes and appoints Richard Ames, of Bloomington, Illinois, her attorney to prosecute this claim and to receive her Pension Certificate therefor. that her late husband John Rutherford the father of said soldier died at Portsmouth Ohio on the 15 day of Nov 1848 and that she has no income or property. the words "and to the amount of one hundred dollars during the last year of his life" were interlined before execution.
Cloaann Rutherford x her mark
[Oct 1, 1870]
State of Kansas
Doniphan County
Declaration by neighbor
1870
On this 1st day of October AD 1870. - before me a Notary Public in & for said County & State, formally came Nancy L. Sumner a Resident of Doniphan County, Kansas aged 28 years. and Sarah Ann Hampton also a resident of Doniphan County, Kansas, aged 32 years. - persons whom I certify be respectable and entitled to credit, and who by me being duly sworn according to law - say that they lived near neighbors to Mrs. Cloa Ann Rutherford in Chillicothe, Peoria County, Illinois. - that they were frequently in the house of Mrs. Rutherford and that almost daily she was in our houses, that after the death of her son Andrew J. Rutherford, they rendered some what to the support of Widow Rutherford. That they know that she was dependent on her son Andrew J. Rutherford for two or three years before he went into the army, and up to the time [unclear] Andrew J. was killed in the battle of Kennesaw Mountain, That they think that Andrew J. Rutherford rendered to the support of his mother before he went into the army at least ten dollars, per month & that they know of his sending home money to pay his mothers house rent, Six dollars per month, & about four or five dollars more for her...
[Oct 1, 1870]
... in said battle, he sent home to her money to pay the rent and money for her support about Ten or eleven ($11) dollars per month, That before he went into the army he contributed to her support about eleven ($11) dollars per month. That she had no money or means of support for two years before he joined the army, except as rendered her by her said son, and she looked to him for support up to the time he was killed and that now she has no means of support only as furnished her by her friends. That she is 60 years of age & in frail & feeble health. That her Post office address is Highland Doniphan County, Kansas, and that in future she wishes all matters appertaining to her Pension directed to this place. The interlineation on 4th line of 1st page made before signing
Cloa Ann Rutherford x her mark
Witness
William H. Fenley
George S. Hampton
Roster of Soldiers
Roster of Officers and Enlisted Men. 9 vols., Adjutant General (Illinois), 1900.
Andrew J. Rutherford
Residence: Chillicothe, Illinois
Service Record: Enlisted as a Private on 05 August 1862; Enlisted in Company C, 86th Infantry Regiment Illinois on 27 August 1862; Killed Company C, 86th Infantry Regiment Illinois on 27 June 1864 in Kenesaw Mountain, GA.
Jacob J. Rutherford
Residence: Chillicothe, Illinois
Service Record: Enlisted as a Private on 05 August 1862; Enlisted in Company C, 86th Infantry Regiment Illinois on 27 August 1862; Discharged Company C, 86th Infantry Regiment Illinois on 12 January 1863.
Joseph F Thomas [Wrote letter for Andrew J. Rutherford stating he had a widowed mother to support]
Residence: Chillicothe, Illinois
Service Record: Enlisted as a Captain on 27 August 1862; Commission in Company C, 86th Infantry Regiment Illinois on 27 August 1862; Transfered on 25 March 1864 from company C to company S; Promoted to Full Major on 25 March 1864 effective 13 April 1864; Mustered out Company C, 86th Infantry Regiment Illinois on 06 June 1865 in Washington, DC.
James E Prescott [Name appears on letter that Capt. Thomas wrote.]
Residence: Peoria, Illinois
Occupation:
Service Record: Enlisted as a Adjutant on 27 August 186; Commission in Company S, 86th Infantry Regiment Illinois on 27 August 1862; Resigned Company S, 86th Infantry Regiment Illinois on 26 December 1862.
Battle of Kennesaw Mountain (Georgia)
[Andrew J. Rutherford was killed during the following battle.]
Kennesaw Mountain, Ga., June 27, 1864. Armies of the Cumberland, Tennessee and Ohio. When Gen. Sherman transferred his line of operations from Pumpkin Vine creek to Allatoona and Acworth on June 4th, he rebuilt the railroad bridge over the Etowah river, established a base of supplies at Allatoona, and on the 9th occupied Big Shanty, the next railroad station south of Acworth. By that time Gen. Johnston, commanding the Confederate forces, had formed a new line along Brush, Pine and Lost Mountains, across the railroad in front of Marietta near Kennesaw mountain. Sherman began the investment of this position on the 1Oth with McPherson's Army of the Tennessee on the left, moving toward Brush mountain and Marietta Thomas, with the Army of the Cumberland occupied the center, moving against Pine and Kennesaw mountains; and Schofield, with the Army of the Ohio was on the right, operating against Lost mountain. Stoneman's cavalry covered the right flank and Garrard's the left, while McCook's cavalry division guarded the communications in the rear and the base at Allatoona. After two weeks of almost constant skirmishing, in which Johnston was forced to abandon Pine and Lost mountains and contract his lines about Kennesaw, Sherman determined to assault the Confederate position. In his report he says: "Upon studying the ground I had no alternative in my turn but to assault his lines or turn his position. Either course had its difficulties and dangers, and I perceived that the enemy and our own officers had settled down to a conviction that I would not assault fortified lines. All looked to me to outflank. An army to be efficient must not settle down to a single mode of offense, but must be prepared to execute any plan which promises success. I wanted, therefore, for the moral effect to make a successful assault against the enemy behind his breastworks, and resolved to attempt it at the point where success would give the largest fruits of victory. The general point selected was the left center, because if I could thrust a strong head of column through that point by pushing it boldly and rapidly two and one-half miles, it would reach the railroad below Marietta, cut off the enemy's right and center from its line of retreat, and then by turning on either part it could be overwhelmed and destroyed. Therefore, on the 24th of June, I ordered that an assault should be made at two points south of Kennesaw on the 27th, giving three days, notice for preparation and reconnaissance, one to be made near Little Kennesaw by General McPherson's troops, and the other about a mile farther south by General Thomas' troops."
The plan of assault was for Schofield on the right to threaten the enemy's extreme flank and at the same time make an attack at some point near the Powder Springs road. McPherson was to make a demonstration on his extreme left, then attack on the south and west of Kennesaw, while strong skirmish lines were to be ready to push forward and seize the crest if opportunity offered. In the center Thomas was to choose some point for his assault and mask his purpose by suitable demonstrations. The real points of attack, where Sherman hoped to break through the lines, were in front of Thomas and McPherson, Schofield movements being more for the purpose of inducing Johnston to weaken his right and center by sending troops to his left, as the action of Reilly's and Byrd's brigades along Olley's creek (q. v.) the day before had caused Johnston much concern, and it was believed that a vigorous demonstration on that part of his line would cause him to reinforce it at the expense of other portions. Accordingly at daybreak on the 27th Schofield sent Cameron's brigade of Cox's division across the bridge built by Byrd the preceding day, while Reilly deployed a portion of his brigade as skirmishers along the Sandtown road, planted a battery on the Confederate flank and under its fire forded the stream. Just as he pushed up the bank on one flank of the Confederate intrenchments Cameron came up on the other and after a brief skirmish the enemy broke and fled.
While these movements were in progress on the right Thomas and McPherson were perfecting their arrangements for the general assault. McPherson's batteries opened a rapid fire on the works at the south end of the ridge known as Little Kennesaw, and Thomas' artillery along the Burnt Hickory and Marietta road began sending in a storm of shot and shell against the intrenchments on Kennesaw. About 9 a.m. M. L. Smith's division of Logan's corps moved forward from McPherson's lines to the attack. Almost at the same instant Newton's division of Howard's corps and Davis' division of Palmer's also advanced on the Confederate works. Smith was met by a galling fire from three batteries and a line of infantry, but his men moved steadily forward and carried two lines of rifle-pits in the face of all opposition. The main line of works was found to be located along the crest of a rocky declivity that it was impossible to scale and the division fell back to the first line of rifle-pits taken, which position was strengthened and held.
Newton's division was formed in two columns, Harker's brigade on the right, Wagner's and Kimball's on the left, and preceded by a strong line of skirmishers advanced, driving in the enemy's pickets, through a tangled mass of undergrowth and fallen trees up to the very foot of the Confederate works, but were unable to carry them. Harker rallied his men and made a second assault, but fell mortally wounded. Wagner's brigade met with no better success and Kimball was then ordered to assault. His command moved forward gallantly to the foot of the works, but was met with such a stubborn resistance that it was compelled to fall back with heavy loss. Newton's pickets continued to hold the captured rifle-pits, where they were afterward relieved by Stanley's division.
Davis massed his troops in an open field in the rear of the Federal breastworks and about 600 yards from the line of works to be assaulted. The intervening ground was exceedingly rough, a good portion of it being covered with a dense undergrowth. Morgan's brigade was held in the Union trenches as a reserve and at the given signal the brigades of McCook and Mitchell sprang forward over their own works and dashed across the rough ground in the face of the enemy's fire. They reached the enemy's works, but, owing to the intense heat and the strenuous exertions in crossing the broken ground, were too much exhausted to mount the parapet to which their impetuous valor had carried them. McCook fell, dangerously wounded, and Col. Harmon of the 125th Ill assumed command of the brigade, but fell almost immediately. Col. Dilworth, of the 85th Ill., then took command and heroically led the brigade against the enemy, many of the men falling in the trenches on the threshold of victory. Mitchell's brigade moved in column parallel with McCook's and in its front a similar drama was being enacted. A problem now presented itself. To withdraw the troops was to receive the full effect of the enemy's unrestrained fire; to attempt a renewal of the assault was equally hazardous. Under the circumstances Davis recommended to Thomas that the position be held and the troops intrenched where they were. Thomas ordered this to be done and tools were immediately sent forward to the men. That night stronger works were thrown up and the division occupied a line of trenches only a few yards from those of the enemy. The Union losses in the attacks on Kennesaw mountain numbered about 2,500 in killed and wounded. Johnston admitted a loss of "over 500." The assault had failed of its purpose, but at every point of attack the Federal lines had been advanced and made permanent, proving a constant menace to the Confederate position. On the night of the 29th an attempt was made to drive Davis from his position, which was the closest to the enemy's lines, but it was repulsed. Under the circumstances Johnston had his engineer prepare a new line along the north side of the Chattahoochee river, crossing the railroad near Smyrna. On the night of the 28th he began the removal of his trains and on the night of July 2 the entire Confederate army evacuated Kennesaw mountain.
Civil War Payroll
Kansas Militia in the Civil War, Adjutant General's Office, 1908.
Vol.4, p.4
Co. A, 9th Regiment
Name: William Rutherford, Private
Joined and sworn in 27 Sept 1862 at Highland by I. P. Johnson.
Ordered into active service 12 Oct 1864 to Atchison by Gov. Carney.
Relieved from duty 27 Oct 1864 Gov. Carney.
Name not on Pay Roll but record taken from Muster Roll
Last Will and Testament
Brown County Kansas Wills, Brown County, Kansas, Probate Court.
Vol.C, p.556-562
2 Nov 1900 [20 days before his death]
This is the last Will and Testament of myself, W.H. Rutherford, made this second day of November 1900, Mission Township, County of Brown, State of Kans. as follows. I bequeath all my lands One Hundred and ten acres, located in the N.E. 1/4 Sec 23-Town 3-Range 17, Brown Co. Ks.
All my household furniture, ready money and all other parts of my Real and Personal Property, Estate and effects, subject only to the payment of my just debts unto my wife Mary Ann Rutherford for her absolute use and benefit for the remainder of her natural life time and that she shall not sell mortgage or transfer the above described Real Estate after her death it shall be equally divided among the following heirs, David H. Rutherford son, Sarah J. Filburn, Ellen A. Roberts, Rosetta Martin Dora Roberts daughters and W.H. Hamby, Cloa A. Hamby grandchildren.
I appoint my wife Mary Ann Rutherford Executrix of this my Will.
In Witness whereof I hereunto set my hand and Seal the day and year above mentioned.
W.H. Ruthford X (his mark)
Signed, Sealed, Published and acknowledged by the said W.H. Rutherford as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names hereunto as witnesses thereoff.
J.J. Comer
H.P. Shafer
I hereby certify that the above Will is agreeable to me and I agree to abide by the conditions set forth in the same.
Mary A. Rutherford X (her mark)
J.J. Comer
H.P. Shafer
Obituaries
Horton Headlight-Commercial, Horton, KS, [newspaper].
7 Sep 1922
RUTHERFORD
David H. Rutherford, son of Wm. Harrison and Mary Springer Rutherford, was born Dec. 7, 1853, in Stark county, Ill., and came to near Highland, Kans., with his parents in 1869. He was educated at Highland college and the religious influences received there were a strong influnce(sic) in his character all his life.
He was married to Sadie Estella Dawson on Jan. 4, 1875. To this union was born one son who died at the age of 23 years. He moved to Willis in 1902 and died at his home on Sept. 3, aged 68 years, 8 months and 26 days. Besides his wife he leaves to mourn his loss three sisters - Mrs. Charles Wilson, Mrs. Fred Martin and Mrs. Rosetta Stotler, all of Horton.
Funeral services were held in the Methodist church of Willis, Rev. Geo. M. W. Fulcomer, pastor of the First Presbyterian church of Horton, officiating. Rev. Eugene Kramer, pastor of the Horton M. E. church, offered prayer.
Horton Lodge No. 326, A.F. & A.M., attended the service and conducted the impressive ceremony at the grave in Highland cemetery, where interment was made. Mr. Rutherford was highly esteemed by many friends in Willis, where he had lived for 20 years.
1 Nov 1923, p.5
DEATHS.
HAMPTON-Mrs. G.S. Hampton, for many years a resident of Horton and of this community, died at her home, 326 East Eighth street, on Monday, Oct. 29, aged 74 years, 7 months and 25 days. Mrs. Hampton, whose maiden name was Miss Sarah A. Rutherford, was born in Davis county, Iowa, on March 4, 1849. She later moved with her parents to Petoria [Peoria] county, Illinois, and on Sept. 2, 1867, was married to G.S. Hampton. To this union seven children were born, five of whom, with their father, survive Mrs. Hampton. They are: Mrs. Adella A. Smith, of Horton; Rollie E. Hampton, Powhattan; Harvey A. Hampton, Wetmore; Lewis E. Hampton, Hiawatha, and W.T. Hampton, Atchison. The funeral of Mrs. Hampton was held Wednesday afternoon from the Methodist church, of which denomination she had been a member since 19 years of age, and was conducted by Rev. C.E. Holman. Interment was made in Horton cemetery.