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Feb 6, 2023
Researching my husband's family, I discovered his 3x great grandfather served first in Smith's Legion (Union County, Georgia) then the legion merged into the Georgia 6th cavalry CSA. We know he died between 1863 and 1865 because his wife remarried in 1865. I found in the National Archives, William P. Ownby "deserted September 11, 1863." Someone from the family says the story told was William returned home and died in March, 1864.

I recently found a notice in the Rome Georgia Tri-Weekley-Courier dated October 1, 1863 that there was a soldier from the 6th cavalry who died on September 12, 1863. The name recorded was "Wm. Overly." What a coincidence that William P. Ownby was recorded as deserted September 11th and Wm. Overly died on Sept. 12th!

I consulted a book about the Georgia 6th Cavalry CSA and there was no soldier with the surname Overly. I also searched Ancestry and there was no Overly from Georgia at that time.

On September 12, 1863, there was a encounter between the two armies at a place called Leet's Tanyard in Catoosa County, GA. Fifty confederate soldiers were killed. General John Pegram didn't report the causalities until September 24, 1963. I believe Overly was really my husband's great grandfather William Ownby.

Any thoughts? Anyway to prove?
 
Thanks for sharing. Can I ask what was your great grandfather's surname? Was your family originally from North Carolina? I have spent 3 years immersed in 19th century Union County Georgia. My husband's great grandfather was with 10 of his cousins in the Georgia 6th.
 
OK, a few of my thoughts. Accuracy is most important in unit research. The unit we are searching was the 6th Georgia Cavalry Regiment CSA; there was also a 6th Georgia Cavalry Battalion state unit, there was no 6th Georgia Cavalry US.

I looked in the NPS archives at the roster and found only two OWNBY, James N. and William. However, there are also nine OWNBEY. I have seen this so often in records, the company clerk had limited education, or spelled phonetically. My bet is the 11 are all OWNBY, possibly relatives from different parts of the state. Most closely related individuals served in the same company. James N. and William OWNBY served Co.F, as did George W. and Porter A. OWNBEY. The other OWNBEY that served Company B were Jeptha, J.M., H.P., Thomas, and W.J. The ones in Company I; J.B. and Arthur. So, are Jeptha, J.M. and/or J.B. one and the same? Are William and W.J. one and the same?

To confound the puzzle a bit more, I looked at the soldiers of Smith's Legion, Georgia in my copy of Sifakis' "Compendium of the Confederate Armies; South Carolina and Georgia". The legion was formed in 1862, and was comprized of 6 companies of cavalry, two of infantry. There are three OWNBEY listed in Company D; John, Russel and William. Back to the 6th, is John either J.B. or J.M.? is William the same William, or W.J.? What happened to Russel?

Your input as to relationships between this group of rowdies might help to sort the tangle!
 
William Rhadamanthus Wyatt. He had two brothers and also two first cousins in the unit. He was born in Chattooga Co. GA, but his father was born in North Carolina.
I have researched families within Union County trying learn about my husband's family. His family lived in Buncombe Co. NC before part of the family moved to Tennessee and the other part to Georgia. You may already know the history - gold was found in NE Georgia plus there were land lotteries in Georgia. Why there was migration to Georgia.
 
OK, a few of my thoughts. Accuracy is most important in unit research. The unit we are searching was the 6th Georgia Cavalry Regiment CSA; there was also a 6th Georgia Cavalry Battalion state unit, there was no 6th Georgia Cavalry US.

I looked in the NPS archives at the roster and found only two OWNBY, James N. and William. However, there are also nine OWNBEY. I have seen this so often in records, the company clerk had limited education, or spelled phonetically. My bet is the 11 are all OWNBY, possibly relatives from different parts of the state. Most closely related individuals served in the same company. James N. and William OWNBY served Co.F, as did George W. and Porter A. OWNBEY. The other OWNBEY that served Company B were Jeptha, J.M., H.P., Thomas, and W.J. The ones in Company I; J.B. and Arthur. So, are Jeptha, J.M. and/or J.B. one and the same? Are William and W.J. one and the same?

To confound the puzzle a bit more, I looked at the soldiers of Smith's Legion, Georgia in my copy of Sifakis' "Compendium of the Confederate Armies; South Carolina and Georgia". The legion was formed in 1862, and was comprized of 6 companies of cavalry, two of infantry. There are three OWNBEY listed in Company D; John, Russel and William. Back to the 6th, is John either J.B. or J.M.? is William the same William, or W.J.? What happened to Russel?

Your input as to relationships between this group of rowdies might help to sort the tangle!
Thank you for responding to my query. Yes, the 6th Georgia Cavalry Regiment CSA. Ownby is spelled different ways (Ownbey, Ownby, Owenby) but all the Ownby's listed above were cousins from Union County, Georgia. They shared a common ancestor who immigrated from England to Virginia around 1700.

The William noted in the Smith Legion was my husband's 3X great grandfather based on the records with the National Park Service. He was William Powell Owenby/Ownby. I thought researching my husband's family would be easy but around the time of the Civil War, it has become a challenge. William P. Ownby's daughter is my husband's 2x great grandmother. Who she was married to when she had her two son's - I am still exploring. The thought is she married one of her distant cousins. After the 1860 census, she disappears until the 1900 where she was living with one of her son's and her last name was Ballew.

William Powell disappears from the records in 1863. I found where is wife remarried in 1865. On Wiki-tree, it is reported that he "went home and died in March of 1864" according to what a family member was told. In the National Archives, I found a document that says he deserted September 11, 1863. I assumed he was ill and chose to leave since he was about 2 hour from home. It is weird - he isn't my family but I feel bad that he is labeled a "deserter" when he died at age 32 serving or after serving in the Civil War.

There is a family member named Humphrey Posey Ownbey. He had two sons who died serving in Civil War. Russell died while serving in Smith's legion December 1862. He died of an infection, probably meningitis. There is a "tear jerker" story that Humphrey drove his wagon two days to where Russell was buried to bring him home. He is buried at a church in Union County, Ga.

WJ is William J. Ownbey, another son of Humphrey Posey. He died September 19, 1863 during the battle of Chichamauga. "On 8 May 1862, at the age of 21, he enlisted as a private in Company D, Smith's Legion, 1st Georgia Regiment Volunteer Calvary, CSA, along with his brother, Russell, and several of his cousins. After serving for just over a year, he was shot from his horse by a sniper. William Ledford of Union County, Georgia, buried him the next morning behind a garden. His remains were later removed to the Confederate Cemetery in Marietta."

I have a copy of John C. Rigdon's book about the 6th cavalry regiment. He has William P. Owenby in company F, D. WJ Ownbey in company I, B. It appears the men moved around within the regiment.

So back to the information I discovered. According to the newspaper, Wm. Overly Co. B died on September 12, 1863. There was an fight at Leet's Tanyard. The records say 50 confederate soldiers were killed. General John Pegram didn't report until September 24th. The fact that William Powell is reported as deserted on September 11 makes me think he was killed and with the delay in reporting plus we know what happened between the 12th and 24th, information reported was not 100% accurate. According to Rigdon's book, there was no Overly in the regiment. I found one William Overly during this time - he was in his 50's and lived in Virginia.

I realize I may never know if this is William Powell. It just seems so coincidental that it is documented he deserted the day before a man named Wm. Overly was killed.

On a side note - my husband's 2x great grandmother was a widow when she reappears in records and as mentioned her last name was "Ballew." She was an enigma to me for quite a while. I found her death certificate where it is noted William Powell is her father. Her two son's have the last name Ownby. So still trying to figure out who their father was. There was an older man from Union Co. named John C Ballew. He was married and was the school teacher in the county. After looking at the census records dozens of times, it struck me Mary Ann Ballew had her own income. My thought was at that time in history, it had to be a pension and where would she get a pension - a spouse who served in a war. So going back to John C Ballew - he served in the 52nd infantry regiment Georgia CSA. He was captured either in Atlanta or Vicksburg. Records are not clear. After the war when released, he joined the Union army and worked in Illinois as a clerk - why I mentioned he was a school teacher. After a few years, he returned to Union County. His wife died and he married Mary Ann Ownby. They were married around 7 years.

Thank you for allowing me to share. I love genealogy. I think all families can find their ancestors lived interesting lives. I have learned about my own family and their service in the Union Army. In fact, my 2X great grandfather fought in the battle of Chickamauga. Strange to think he was near my husband's great grandfather 170 years earlier.

K. Ownby
 
It is not at all uncommon to find a record that says deserter and is in error. Men were listed as deserters when they were absent without permission. That covered anyone who didn't show up for any reason - they could have been sick, captured, or wounded without the officer knowing it.

Were they living in Georgia after the War? If so you can check Georgia pension records.
 
It is not at all uncommon to find a record that says deserter and is in error. Men were listed as deserters when they were absent without permission. That covered anyone who didn't show up for any reason - they could have been sick, captured, or wounded without the officer knowing it.

Were they living in Georgia after the War? If so you can check Georgia pension records.
Thanks. I looked at the pension records and didn't find anything. As I mentioned above, my husband's 2X great grandmother married a man who was in the Union army after the war and she did receive a pension from him.
 
William Rhadamanthus Wyatt. He had two brothers and also two first cousins in the unit. He was born in Chattooga Co. GA, but his father was born in North Carolina.
You may already have this other info on William R. Wyatt. He enlisted as a private on 3-4-1862, and was assigned into Company H, Georgia 39th Infantry. He transferred out of that unit in 1862, but I did not find a mention into what unit. I see later he went into the Georgia 6th Cavalry Regiment CSA Company E. I suspect his earlier transfer was into Smith's Legion, Georgia, yet the NPS roster for that unit does not list him. Smith's Legion was formed in the Spring of 1862, so that could fit. It wasn't until March 16, 1863 that Smith's was disbanded and the GA 6th Cavalry CSA formed.
 
You may already have this other info on William R. Wyatt. He enlisted as a private on 3-4-1862, and was assigned into Company H, Georgia 39th Infantry. He transferred out of that unit in 1862, but I did not find a mention into what unit. I see later he went into the Georgia 6th Cavalry Regiment CSA Company E. I suspect his earlier transfer was into Smith's Legion, Georgia, yet the NPS roster for that unit does not list him. Smith's Legion was formed in the Spring of 1862, so that could fit. It wasn't until March 16, 1863 that Smith's was disbanded and the GA 6th Cavalry CSA formed.
Thanks, we do have some missing information. Ga 39th Co. H was also a Chattooga Co. unit. Interesting, I have a couple of distant cousins who stayed in that unit, but were captured in early July 1854 near the Chattahoochee River around Atlanta. Both succumbed to disease in early 1865 at Camp Douglas, IL before the War ended.
 
I didn't have a lot of time to look at this before but I sat down to revisit it today. The records for William Ownby/Owenby in Company F 6th Georgia Cavalry state that he enlisted 20 June, 1862 at Blairsville. He was paid December 31st. Then in the Dec. 1862 - March 1863 muster roll he is listed as AWOL. A second muster roll for that period, labelled as January 1, 1863 through April 30, 1863 states "deserted on or about 6 April '63 on the March to Jonesborough Tenn."

I did find a William Overly. He served in the 1st Georgia Cavalry and he did die in Rome, Georgia - but in 1910, not 1863.
 
I didn't have a lot of time to look at this before but I sat down to revisit it today. The records for William Ownby/Owenby in Company F 6th Georgia Cavalry state that he enlisted 20 June, 1862 at Blairsville. He was paid December 31st. Then in the Dec. 1862 - March 1863 muster roll he is listed as AWOL. A second muster roll for that period, labelled as January 1, 1863 through April 30, 1863 states "deserted on or about 6 April '63 on the March to Jonesborough Tenn."

I did find a William Overly. He served in the 1st Georgia Cavalry and he did die in Rome, Georgia - but in 1910, not 1863.
Thank you for looking into the records. I found this document in the National Archives, which is why I wondered if he was the same man who died on September 12, 1863. I have read where soldiers left and returned through out the war, usually going home because of farming and family needs.

How unusual was it for a soldier to return home and die within a year? I realize chronic infectious illnesses were common. I read some infectious diseases were worse for those who came from rural areas than those from urban areas (i.e., measles outbreaks).

K. Ownby

1543.jpg
 
Without seeing the original card I can't be 100 percent positive but I'm reasonably sure the September date given above is for the end of the muster roll period which contained the information, not for the date your ancestor left his unit. That would be a very common timeframe for the next roll and would fit the way the card above is worded. It also fits with the information I found.

The muster roll for William in the period before his desertion shows he had been out sick. Many, many men contracted illnesses during the War - more soldiers died from disease than from wounds - and he likely was one of those. You mention that rural soldiers were afflicted more than urban ones. That's true because they had less immunity having not been exposed to as many diseases.

It's not hard to imagine that William contracted something early in his service - TB, diphtheria, etc. - that he recovered from once but got again. He knew he could not keep up with his unit and he left to go home. Even there he was not able to recover and he died. We see records of men who died not long after their service a lot. It's a sad story, but at least we can hope he was able to see his family and they had that comfort, along with knowing what happened to him and where he was buried.
 
Without seeing the original card I can't be 100 percent positive but I'm reasonably sure the September date given above is for the end of the muster roll period which contained the information, not for the date your ancestor left his unit. That would be a very common timeframe for the next roll and would fit the way the card above is worded. It also fits with the information I found.

The muster roll for William in the period before his desertion shows he had been out sick. Many, many men contracted illnesses during the War - more soldiers died from disease than from wounds - and he likely was one of those. You mention that rural soldiers were afflicted more than urban ones. That's true because they had less immunity having not been exposed to as many diseases.

It's not hard to imagine that William contracted something early in his service - TB, diphtheria, etc. - that he recovered from once but got again. He knew he could not keep up with his unit and he left to go home. Even there he was not able to recover and he died. We see records of men who died not long after their service a lot. It's a sad story, but at least we can hope he was able to see his family and they had that comfort, along with knowing what happened to him and where he was buried.
Thank you. I appreciate the help. You have shed light on what probably happened to William Owenby.
K. Ownby
 
Without seeing the original card I can't be 100 percent positive but I'm reasonably sure the September date given above is for the end of the muster roll period which contained the information, not for the date your ancestor left his unit. That would be a very common timeframe for the next roll and would fit the way the card above is worded. It also fits with the information I found.

The muster roll for William in the period before his desertion shows he had been out sick. Many, many men contracted illnesses during the War - more soldiers died from disease than from wounds - and he likely was one of those. You mention that rural soldiers were afflicted more than urban ones. That's true because they had less immunity having not been exposed to as many diseases.

It's not hard to imagine that William contracted something early in his service - TB, diphtheria, etc. - that he recovered from once but got again. He knew he could not keep up with his unit and he left to go home. Even there he was not able to recover and he died. We see records of men who died not long after their service a lot. It's a sad story, but at least we can hope he was able to see his family and they had that comfort, along with knowing what happened to him and where he was buried.
I have one more question. Where did you find the muster roll saying William was sick. I can't find the record.
Thank you again for clarifying the record and verifying that he was sick.
 
I use Fold3, which is a subscription site linked to Ancestry. You may be able to see their records trough your local library or you could try a free trial.
 
You need to file an application to NARA for the Manuscript 3257. That will tell the story, if any. As has been noted by others, a man missing in action or KIA might get listed as a deserter after a certain lapse of time. All because no one saw what happened to him when he went missing or got killed.
 
You need to file an application to NARA for the Manuscript 3257. That will tell the story, if any. As has been noted by others, a man missing in action or KIA might get listed as a deserter after a certain lapse of time. All because no one saw what happened to him when he went missing or got killed.
Thank you. I will reach out to NARA.
I use Fold3, which is a subscription site linked to Ancestry. You may be able to see their records trough your local library or you could try a free trial.
Thank you. I have a subscription to Fold3. I am having trouble reading the second page in the document.
 
So pulling the records up today I don't see anything about illness. The note just reads "Absent. Absent without leave." I must have misremembered.
 

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