(Written on The Spencer Times letterhead)
Sept. 6th, 1912 No. 13552
Hon. Frank A. Moses Nashville, Tenn.

Dear Sir:-
Replying to your esteemed favor of the 9th Ult. I am frank to say that we are at sea absolutely. There is certainly an oversight some where upon the investigation of this case.

The 5th Tenn. Command was made up in Campbell, Meigs and McMinn counties. Cut of 1100 only 175 survived the Duck River fight, two miles and one half out from Shelbyville, Tenn. and the 175 left were lettered into the 8th Tennessee, or Dibrell's Regiment as Company "M" At this place Captain Gibson was killed and 1st Lieut. Patterson was promoted to Capt. Gibson's place. In addition to the foregoing and replying to the suggestion of no name of the kind being found, Mr. J. L. McCoy had five (crossed out and six handwritten in) brothers in the 5th Tennessee with him. two were killed and the another captured and put in camp Chase who got out after was closed. Also, his brother Marion whose affidavit you have went in with him and came out with him at close of war.

Please explain how all this could happen and yet not be a matter of record. Will be glad to hear from you promptly.

Yours very truly, (signed) E.N. Haston

(This is on Tennessee Board of Pension Examiners letterhead)
Sept. 10, 1912
J. L. McCoy
Mr. E. N. Haston,
Spencer, Tenn.

Dear Sir:

I have your letter of September 6th. There is no oversight in the investigation of this case. Our only opportunity of getting a record for a man is by writing to Washington where Confederate rolls which were captured at Richmond, are now on file. This I have done as I wrote you before. I cannot "explain how all this could happen and yet not be a matter of record." I am now, as always, ready and willing to do anything I can to get a worthy man a pension. Send me the names and post offices address of the officers under which he claims to have surrendered in Thomas' Legion and I will try and get proof for him. Also send the post office address of F. M. McCoy, witness.

Very truly yours, (signed) E. N. Haston Special Examiner

(typed along the right margin of this page sideways):
Dear Sir:-
I am unable to give addresses of officers under whom I served in Thos. Legion and have Also given named F. M. McCoys address in Denton, Texas. Some of the old boys are yet living. to- wit: John Keith and Callie Wallace of Texas and Tenn. respectively and I will try to get into communication with them and let you hear from me further.
Yours (signed) J. L. McCoy (and others illegible)

Affidavit claim #13552
State of Kentucky
County of Jefferson

Calvin Smith, of 513 Baxter Ave., Louisville, Ky. being first duly sworn deposed as follows.

I was born and reared in Campbell County, afterwards Scott County, East Tennessee, and was living there at the begining of the Civil War. I was personally acquainted with John L. McCoy, of Campbell County, and I saw him enlist and saw him sworn in the Confederate service at Oliver Springs, Tennessee in 1862. I was there already in the service. He was then and there sworn in as a member of my Company, commanded by Captain Henry Gibson, of the 8th Tennessee Regiment, Letter M, our Colonel being Harry (?) McGinnis of Gen. Dibrell's Division.

I then served with the said John L. McCoy until May 1864, off and on, not being with him continuously, but I know he was in the service all this time. He and I were together at the siege of Knoxville, the battles of Louson and Philadelphia and Morristown and probably others as we both saw active service. I was captured in May 1864, at which time McCoy was in the service but I do not know what he did, or anything about him, after May 1864, though I understand that he remained in the service until the last.
(signed) Calvin Smith
Subscribed and sworn to before me by Calvin Smith this December 6, 1912, at Louisville, Kentucky.
My Commission expires January 30, 1916.
L. R. Curtis Notary Public Jefferson County Ky.

State of Texas
County of Denton

THIS IS TO CERTIFY, That I, F. M. McCoy do know personally that J. L. McCoy was a confederate soldier in the Confederate army he and I being in the same company and the same mess for three years in the Fifth Tennessee Cavalry, going through the battle of the Chickamauga. Soon after the battle of Chickamauga, on a raid over in Tennessee in a battle near Shelbyville on Duck River, we lost a brother and captain, another brother wounded and taken prisoner. In reorganizing we were transfered to the Eighth Tennessee Cavalry where we remained till the latter part of '64, when we had to evac Tennessee, when we were then transferred to Col Thomas' Legion of North Carolina, where we remained until surrender, when we were discharged at Clark'sville, Georgia. J. L. McCoy and F. M. McCoy were paroled at Franklin, North Carolina.

In witness whereof, I hereunto set my hand this 15th day of March A.D. 1916 at Pilot Point Texas.

(signed) F. M. McCoy

State of Texas
County of Denton-
Before me L. C. Belew, Notary Public in and for Denton County Texas, personally appeared F. M. McCoy, known to me to be the same, and after being duly sworn makes deposes and signs the forgoing statement, as being true and correct, this the 18th day of March A.D.1916

(signed) L. C. Belew
Notary Public Denton County Texas

State of Tennessee
Van Buren County

Personally appeared before me Jas. M. Brady, Notary Public in and for said county and state, J. L. McCoy, who made oath in due form of law that he is the same J.L. McCoy that filed his application for pension on account of services rendered the Confederate Army during the Civil War. Affiant states that he was born in 1840. He states that he was married to Zera Wire in North Carolina March 2nd 1869, and that his wife was born in 1850 and they are still living together as husband and wife. At the time of the Civil War, the said Zera Wire lived on adjoining farm to that where affidant lived, in Campbell County Tenn. and she personally knows that affidant rendered services in the Southern Army. Affiant is not positive of the letter of the Company but he is positive that he was sworn in under Capt. Gibson of the 5th Tennessee Cavalry Regiment until 1863 in October. After the battle of Chickamauga this Regiment was ordered to Mufreesboro as affiant understands. At any rate, this Regiment went through Sequatchie Valley McMinnville and on to Duck River, having several skirmishes on the way. Affiant states that there was a fight near this River in Oct. 1863 in which this Regt. was surrounded by the enemy but they fought their way out about three miles to a place affiant remembers as Summerville where Wheeler joined forces with this Regiment. Then affiant was transferred to the 8th Tennessee Cavalry Regiment in Oct. 1863 as aforesaid on account of Capt. Gibson of affiant's Company being killed in these battles or skirmishes and on account of Lieut. Col. Montgomery then in charge of affiant's Regiment being seriously wounded. After affiant was transferred he joined Co. "M" of the said 8th Tennessee Cavalry Regiment. Nicholas Patterson was Capt. of said Co. "M" to which affiant was assigned. George G. Dibrell was Col. of said 8th Tenn. Cavalry Regt. Affiant states that after joining this Regiment that it was ordered to east Tennessee where he remained with it until the last of 1863 or the first of 1864. He is not positive of the axact date. He was in the siege of Knoxville awhile, affiant was transferred to Wm. Thomas' Legion North Carolina troops. All of said Co. "M" of said 8th Tenn. Regt. was transferred to said Thomas' Legion and Wm. Thomas was Col. Afiiant's recollection is that said Wm. Thomas has a good many Indians in his command and that he wanted more white men in the command hence the transfer. At any rate he remembers distinctly of being transferred to said Thomas' Legion North Carolina troops. Affiant states that he remained with said Thomas' Legion until the close

(p.2)
of the Civil War. When Col. Thomas heard the war was over, he told his command that it might be disbanded and the indians in the command scattered from there. Co. "M" to which affiant belonged and Capt. Butler's Co. decided to join E. Kerby Smith, whom they understood had not surrendered and was then either in Texas or Mexico. These two Companies accordingly went as far as Clarksville Ga., where many soldiers were gathered and where they were informed they could not reach said Smith. After getting this information, both Companies decided to return home and affiant was paroled at Franklin North Carolina either the last of April 1865 or the first of May 1865. The following named parties were paroled at the same time and place: Martin McCoy, afiant's brother, Marion McCoy, Affiant's brother now living in Texas and drawing a pension, John Keath and Ramsey Keith, Redin Smith, and affiant. All of these are dead except Marion McCoy and affiant. Said Marion McCoy has given an affidavit in support of affiant's claim. Affiant states that his parole has been misplaced and he is unable to find it after diligent search. The following are names of some parties that served with affiant: John Rich, Jake Lyle, Cal Smith, Redin Smith, Andy Shootman, Jessee Wilson, Ou (?) Smith, John Goodman, Henry Goodman, Henry May, Byrd Patterson, John Keith, Sammy Worthington and various others. Affiant states that he came to Middle Tenn. in 1866 and has lived there ever since, many miles away from east Tenn. where he served in the War. Joining there and his companions were also East Tennesseans and he has lost sight of most of them. The most of them are now dead. The following is the name and address of all the parties affiant knows to be alive and knows their Post office: Marion McCoy, Pilot Point, Texas, Andy Shootman, suppose to be at Celina, Tenn., James Gibson gave an affidavit, but he has since died.

his mark X ( J.L. McCoy)

Sworn & subscribed to before me July 5, 1916 Jas. M. Brady Notary Public

JAS. M. BRADY
ATTORNEY AT LAW

SPENCER, TENN July 6th, 1916

Hon. Frank A. Moses,
Nashville, Tenn.

Dear Sir:-
Replying to your favor of May 11th last, I wish to say that I enclose you statement from Mr. McCoy in regard to his pension claim. I am not concerned in this case, except as a Notary Public. I know nothing about the facts that he has heretofore offered, as none of the other papers were prepared by me and I never saw any of them save the last affidavit sent in and I never read this.

Mr. McCoy's sister knows that he was in the Army and his wife knows the same thing, but I take it for granted that neither of them knew the name of the Co. etc.

Mr. McCoy was placed at a disadvantage from the fact that he was born and raised in East Tennessee and served with people from that section and immediately after War he moved to middle Tennessee and has not been in close touch with the people there with whom he formerly served. Mr. McCoy's brother who served with him through all the War is now drawing a pension from the State of Texas and I would be glad if you can act upon this case the coming meeting of the Board, as I am quite sure that Mr. McCoy is honest in all his statements. I told him I did not want to record a single statement unless his memory of it was clear and distinct. This I think he kept in mind and made a clear and honest statement. He is an aged and honored, worthy and needy citizen.

Very truly yours, (signed) Jas. M. Brady