Whats a little unusual is this is early in the war, In 1862 there would have been periods on no Union troops even in most of Arkansas, and certainly few guerrillas or outlaws would have had opportunity to acquire captured uniforms. Why if anything that they were Union is more likely if the whole group was uniformed.
Use of captured uniforms became more common as the war went on. which makes sense as they would have had more time and opportunity to acquire them.
Another thing that leads me to suspect that, is no date of death on headstone, If the county was Unionist, and there was a witness the date of death would be known and would assume neighbors buried the body, the lack of detail to the burial would suggest someone viewed a pro southerner killed by Union.
Union Army (my bold):
Reports of Brig. Gen. Eugene A. Carr, U. S. Army.
Headquarters Second Division,
Camp near Searcy Landing, Ark., May 27, 1862.
Major: Since writing the other dispatch I learn that the intrepid
Lieutenant-Colonel Lewis had a skirmish 10 miles above here, on the
other side, while escorting a forage train. He had 1 man so badly
wounded as to be obliged to leave him behind. Other particulars I
have not yet learned. This shows the enemy occupying with his forces
a distance of at least 17 miles on the Little Red, including the crossing
of the old military road, where I believe it is now fordable.
Men of
mine who were with the Germans today in foraging report
great excesses on their part, going into the private apartments
of ladies and opening trunks and drawers, and ransacking
everything and taking away what they wanted. If these
excesses are permitted we cannot wonder at guerrilla warfare.
Very respectfully, your obedient servant,
E. A. CARE,
Brigadier- General, Commanding.
O.R. Series I, Volume XIII, pg.86
On the other hand (my bold):
Report of Maj. Thomas W. Scudder, Fifth Kansas Cavalry.
Headquarters Fifth Kansas Regiment,
September 27, 1862.
Captain: In compliance with orders I moved, with detachments
from the Fifth Kansas, Fourth and Fifth Missouri, and Fifth Illinois
Cavalry, comprising in all about 275 men, to Jeffersonville, on the
Saint Francis River. One hundred 1 sent up by steamer and the remainder
by land. Arriving at Jeffersonville, I found that the enemy we were in
pursuit of had moved to the south side of the river, and consequently,
having no further use for the boat, I ordered her back to Helena. Moved
up the south side of the bayou that enters the Saint Francis at
Jeffersonville as far as Marianna, capturing en route 2 guerrillas belonging
to Captain Anderson's company. Following the track of the enemy from
Marianna (sometimes in the highway and sometimes in the timber)
through intricate windings in a southwesterly direction about 8 miles, I
came upon a large log house in the timber with loop-holes in the sides
for its defense. They had evidently vacated the premises several hours
before. 1 ordered the building fired, - which was done. Still following
their trail, came upon them (some 30 in number) in another body of
timber, on the Saint Francis and Helena road, but they escaped by
scattering through the dense thickets in every direction. Here too they
had another log house, like the former, where they rendezvoused,
large numbers of straw beds and old bed quilts being spread on the
floor. This building I also burned. Here we captured 1 horse, left in
their hurry.
Turning into the road again toward Helena we met
a detachment of the Fourth Iowa Cavalry, and by a sad mistake
their advance guard fired upon ours, mortally wounding a
member of the Fifth Missouri Cavalry, severely wounding 1 of
the Fifth Kansas, and killing 1 horse. The explanation given by
the captain commanding the Fourth Iowa was that only a few
moments before they had been fired upon by guerrillas dressed
in United States uniform and 2 of his men killed, and they
supposed at first sight that our men belonged to the same party.
I soon after encamped for the night, and to-day (27th) arrived in camp
about 10 o'clock. The prisoners I sent in last night by Lieutenant [H. S.]
Wait, of the Arkansas Rangers, who acted as guide for me during the scout.
I am, captain, your most obedient,
T. W. SCUDDER,
Second Major Fifth Kansas Regiment.
Capt. J. W. Paddock, A. A. G., Army of the Southwest.
O.R. Series I, Volume XIII, pp. 285-286