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  John B. Deitz

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Documentation of a Family History Legend

At least three Smith family members volunteered as soldiers in the Civil War -- John D. Smith Sr., his son John D. Smith Jr., and his son-in-law Edward Emhiser (husband of John D. Sr.'s daughter Mary Smith).  All initially enlisted together in Sep 1861, joining Company I, 64th Regiment, New York Volunteer Infantry (the Cattaraugus Regiment).  Many others from the Allegany Township and Cattaraugus County area enlisted at the same time.  See Cattaraugus County in the Civil War.

Family legends of their participation in the War have been carried forward from those days, and are essentially the same regardless of the family branch.  I have heard them since a young boy, although I am myself three generations from anyone who had direct knowledge -- that is, my great-grandfather John D. Smith Jr.

The Legends

John D. Smith Sr., my 2nd great-grandfather, was reported to have been killed in the "Battle of Hatchers Run," on 27 October 1864.  Some in the family believe he accepted $300 from a draftee (reported to be "Krampft family") to replace him.  John D. Sr.'s widow, Christine Becker, died on 15 February 1902 at age 83; his death left seven surviving children, ranging in age from 22 years to 8 years.  My uncle Howard Smith and cousin (once removed) Edward Baxter are reported to have found and visited his grave (at Gettysburg?).

John D. Smith Jr., my great grandfather, served in the War, was active in the Grand Army of the Republic veterans organization, died 21 June 1929 at age 86, and is buried at Allegany, NY.

Edward Emhiser is reported to have died in the War (about 1864, perhaps at the same time as his father-in-law), leaving his widow Mary with a young son, John.  Mary eventually remarries, but I find no indication that she had any other children.  Although John marries, I have found no indication that they had any children.

This page documents my research to verify the family legend information.  It is a "work in progress," and as I get additional information the page will be updated.  The following summarizes what I have been able to document, as well as some open questions and further avenues of research to be undertaken.

Go to information on:  John D. Smith, Sr.     --     John D. Smith, Jr.     --     Edward Emhiser

Comments and additional research possibilities are greatly appreciated.  You may email me at Deitz@PrometheusLI.com

John D. Smith Sr.

According to his military service records, John D. Smith Sr. enlisted on 20 Sep 1861 into Company I, 64th Regiment, New York Volunteer Infantry, under Captain Renwick. He appears to have been on active duty through September 1862.  He was discharged for disability on 14 October 1862, because of advanced age, chronic rheumatism and diarrhea, and general debility.  There appears to be no Federal Pension Application for his widow.

According to the Report of the Adjutant-General. (NY Roster), published in 1894-1906, a "John Smith" from Allegany, NY enlisted as a Private on 22 August 1863 in Allegany at age 44 in Company A, 76th Infantry Regiment New York.  This is the correct age for John D. Smith, Sr.  According to Phisterer's New York in The War of the Rebellion, this regiment fought in Oct 1864 at Hatchers Run (1 died 2 wounded 24 missing).  However, the Adjutant-General report implies that he was still alive on 28 January 1865 when he was transferred to the 147th Infantry Regiment New York^{see note}.  While at first glance it therefore may seem unlikely that this is the same person as our John D. Smith, Sr., Mike Brown's comment suggests otherwise.

This link gives a first hand report of the battle of Hatcher's Run on 27 October 1864 by Henry Didcock, a private in Company I, 187th New York Volunteer Infantry.  If the legend is true, this likely would be the battle where John D. Smith, Sr. was killed.  The 187th New York was a western New York unit, brigaded with the 188th and 189th New York.  Henry Didcock was from Salamaca, Cattaraugus County, NY, about 15 miles west of Allegany, NY.  This link is to other accounts of the battle, including official dispatches.

I have concluded that the legend of his burial at Gettysburg is false. From information obtained during visits (Sept. 2002) to both Gettysburg Battlefield and Cemetery and the Petersburg National Battlefield sites, it is extremely unlikely that he was buried at Gettysburg.  There is no record of a burial at Gettysburg that would correspond to our John D. Smith, Sr., nor are there know burials from the Petersburg Campaign at Gettysburg.  It  is most likely that he was buried at one of the national cemeteries associated with the Petersburg siege.

Further research:  Check Civil War Service Records for John D. Smith, Sr. activity in the 76th, 187th, 188th or 189th  NY Infantry Regiments.

Hypothesis:  Family tradition is firm that he was killed in the "Battle of Hatcher's Run" -- one of the many battles of the Petersburg Campaign.  According to the report by the Civil War Sites Advisory Commission, the Battle of Hatcher's Run occurred February 5-7, 1865, more than two months after his reported death date.  However, this same source indicates that the Battle of Boydton Plank Road^{see note} (aka Hatcher's Run) occurred October 27-28, 1864. Other sources indicate that there were other relevant engagements at Hatcher's Run, including one on March 25, 1864.  Several Western New York regiments fought in these engagements.  Of the "Hatcher's Run" engagements, the 64th NY Regiment appears to have fought only in the March, 1864 engagement, while the 76th NY and 188th NY Regiments appear to have fought in the October, 1864 engagement.   This suggests that he may have re-enlisted after returning to good health, possibly into the 76th NY Infantry or the 188th NY Regiment (or Company E of the 183rd NY Regiment which became Company A of the 188th NY Regiment), which mustered in September and October 1864.  Another possible regiment is the 154th New York Volunteer Infantry, the Hardtack Regiment, also from Western New York State, although I've not determined that they fought at the Battle of Boydton Plank Road.  And there may be other possibilities.

John D. Smith Jr.

According to his military service records and pension file, John D. Smith Jr. enlisted on 20 Sep 1861 into Company I, 64th Regiment, New York Volunteer Infantry, under Captain Renwick.  He appears to have been on active duty with the 64th Regiment through January 1862.  From 14 Feb 1862 onward, he was on detached duty assigned to the Western Gun Boat Flotilla.  According to a certificate issued by the GAR and his pension file, he participated as a "coal heaver," principally on the Gun Boat Benton.  After several engagements on the Mississippi River throughout 1862, he became ill (malarial poisoning and chronic diarrhea) from drinking "bad water."  He then was discharged on 17 Dec 1862 by reason of disability.

The following letter from the "commissioner" to Hon. Charles M. Hamilton, House of Representatives, 14 Jan 1915, found in his pension files, is informative:

My dear Mr. Hamilton:

          In reply to your letter of the 4th instant, relative to the pension case, Certificate No. 4626, of John Smith, jr., whose last known address is Allegany, N. Y., I have the honor to inform you that the official records show that Mr. Smith enlisted in Co. I, 64th N. Y. Inf., on September 20, 1861, and was discharged therefrom February 14, 1862, by reason of his transfer to the Western Gunboat Flotilla, and that he served as a coal heaver on the Benton and Clara Dolson, Western Gunboat Flotilla, from February 17, 1862, to December 17, 1862, when discharged.

          During the month of February, 1862, about fourteen hundred soldiers were transferred from the army to the Western Gunboat Flotilla, and the men so transferred have always been regarded by the War Department as having ceased to be soldiers in the military service of the United States on the dates when they were transferred.

          The officers and crews of the Western Gunboat Flotilla were employed and paid by the Quartermaster's Department of the Army prior to October 1, 1862, when the vessels were turned over to the Navy Department.

          After February 14, 1862, Mr. Smith was not an enlisted man in the military service of the United States, and prior to October 1, 1862, he was not an enlisted man in the naval service of the United States.  His service from February 17, to September 30, 1862, inclusive, was as a civilian employee of the Quartermaster's Department of the Army, and such service is not pensionable under the Act of May 11, 1912.

          Mr. Smith's pensionable service under the act named above was properly computed from September 20, 1861, to February 14, 1862, and from October 1, 1862, to December 17, 1862, -- a total of seven months and twelve days.

Very truly yours,
G. M. Satzgaber
Commissioner

I think John D. Jr. never suspected when he "volunteered" for the western service that a technicality of this service would affect his pension eligibility some 50 years later.  It also should be noted that the Original Invalid Navy Pension claim approved in October 1886 makes no implication that he was not enlisted in the Navy during the full period of his service with the Western Gun Boat Flotilla.  Because of the ruling, he received $19 per month instead of $21 per month if his full service of 1 year, 2 months, 27 days was used.

Edward Emhiser

Edward Emhiser was husband to Mary Smith, John D. Smith, Jr.'s sister.   According to his military service records, Edward Emhiser also enlisted on 14 Sep 1861 into Company I, 64th Regiment, New York Volunteer Infantry, under Captain Renwick.  He appears to have been on active duty with the 64th Regiment through June 1862.  He received a gunshot wound to the head at Fair Oaks, VA, 31 May or 1 June 1862, and was transferred to U.S.A. General Hospital in Philadelphia.  Sometime during Jul or Aug 1862, he apparently rejoined his Company at Harrison Landing and deserted 22 Sep 1862 at Harpers Ferry (one record suggests he deserted from hospital). 

There appears to be no Federal Pension Application for his widow.

Further research:  Did he perhaps re-enlist with another unit, say when his father-in-law re-enlisted.

Hypothesis:  Both John D. Smith, Sr. and Edward Emhiser left the 64th Regiment about the same time -- John D. Sr. discharged for medical reasons, and Edward Emhiser was also likely not in good health, having suffered from an earlier gun shoot wound.  Perhaps both returned to Allegany, NY to be nursed back to good health.  They then both re-enlisted (perhaps for the money?) and they were both subsequently killed.

It is interesting to note that all the Smith family participants in the Civil War initially served only a little over one year.