Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-02-26
responsibilities of Vigilance
Committees for Actions
During the War.
The Memphis Vigilance Com.
mittee Of 1852 Sued for
100000 by a st. Louis
steamboat Owner.
Full History Of the Case Some
KnOtty Questions to be
Decided by the Court
and Jury.

lore Judge Harry ). Lee and jury
which involves & very large amount o
money and at the same time is most In
teresting, as it explains some Of the act
Of the Vigilance Committee in Memphi:
at the commencement Of the war. ManI
Of our leading citizens ara connected witt
the case, and an array Of the finest legal
talent IS engaged on both sides. Ishs
jury were impanneled to try the case OF
Monday, and the following synopsis 0
the facts sdduced on this (the second
trial up to the present time will not fai
to prove interesting.
In the month. of January, 1862, Capt
Ben. johnson, of st. Louis, owned the
steamer Leila, then at Little Rock. He
came down from st. Louis and went to
Little Rock for the purpose Of selling the
steamer in question, which he succeeded
in doing, the purchase money being
SO, 200 in gold. At the same time he
sold interests in other steamers to per-
sons oin little Rock, receiving about
$1,000 in Confederate money and scrip.
With the gold, Confederate money and
scrip he returned to Memphis about the
I'D of January, 1862, where he collected
some debts which were due him. He
converted the scrip and portion of the
Confederate money into gold, and on the
4th Of February in the same year he
found that he was worth and had in his
possession S14.2 2S in gold and about
$4,000 in Confederate money.
About this time he resolved to proceed
to his home in st. Louis, and in company
with a member of Col. Bowen's First
Missouri Confederate infantry he went
on board the steamer Kentucky, with
the intention of going up the river as far
as New Madrid, owing to the blockade
at Cairo, and then proceeding by land to
st. Louis. The gold and Confederate
money above referred to he had placed
in his saddle bags, and given in charge of
the first clerk, Mr.. John McFaIl, for safe
keeping.
A short time before the hour announced
for the Kentucky to leave the wharf two
persons named Morgan and Steel, who
represented themselves as being employ
ed by the Vigilance Committee Of the
city, went on board the Kentucky in
quiired for Capt. Johnson, who was point,
ed out to them by Capt. David Hukill,
Of this city. Morgan and Steel accosted
Johnson, and told him that they had
been sent by the Vigilance Committee
fSr him, as he and his plumber were
wanted" by the committee and Col. F.
Titus. They then asked him if he had
any money in his possession, and he re-
piled that the clerk Of the boat had some
gold in charge belonging to him, and they
at once went to the clerks Office, when
he ordered Mr.. John MeFall, chief clerk,
to pass him the saddle-bags containing
the gold over the counter. He complied
with the order, and Steel and Morgan
took charge of the cash. They asked
johnson to carry the saddle-bags
containing the money up town, but
he refused, saying: "If you want to take
the money, carry it yourselves" and
Steel took possession of the saddle-bags
and money, and then went up the lands
ing towards Jefferson street, followed by
Capt. johnson, the member Col. Bowers
regiment already referred to and Capt.
Hukill. .. -. ....-. --
The parties were taken to a room up
stairs in the Titus block, opposite the
Commercial Hotel, on Jefferson street,
where the Vigilance Committee were in
session. After short time, johnson was
taken to a room down stairs in the same
building, the parties taking the gold with
them. After a short interval, Capt.
johnson and his friend from the Missouri
regiment were paroled, being ordered to
report daily at the rooms ofthe Vigilance
Committee. The gold, however, was
retained. ~
On the following day when johnson
reported at the room in question, he was
taken away with the gold to the Bank of
Memphis, where the gold was deposited
in the vault for safe keeping. When the
gold was placed in the vault, Mr.. NJ. J.
Wicks, President, Mr. w. C. Mcclure,
Cashier of the bank, Col F.. Titus and
Col. F. W. Register, were present. The
committee informed him that ne could
not take the gold out of town, but must
invest it in the city.
He states that he strongly objected to
doing anything of the kind, and demanded
that his gold should be given up to him.
This, however, was refused. On the
following day he returned to the Mem,
phis bank, accompanied by Capt. Larry
Harmstad, who informed the bank offici>
ais that he knew Capt. johnson, that the
gold was his property, and he was there-
fore entitled to received the money He
intereeded strongly in Capt. Johnson's
favor, but it had no effect on the bank
officials. Next day, 7th February, Capt.
johnson reported at the Vigilance Com
mittee rooms and was taken by seme Of
the members to the Bank of Memphis
accompanied by Capt. Larry Harmstad.
On their arrival at the bank the gold was
taken from the vault, placed in the hands
of an employee Of the bank under the di.
rection of either Mr.. Wicks or Mr.. Nc
Clure, or both OF them, and taken to
Malloy's bank, corner ofFront and Maids
son streets. The gold was counted,
when it was found that the bags con-
tanned about $14,0 in gold.
johnson was again entreated to invest
his capital in the city Of Memphis, but on
refusing he was offered drafts on the
Union Bank Of Louisiana, New Orleans.
These he also refused to accept, when
Capt. Harmstad told him that unless he
took the drafts he would in all likelihood
be imprisoned and lose his gold, as the
committee seemed determined not to al
low the gold to be taken North. He acted
on this advice, and, as be states, accepted
the drafts as a receipt or voucher for
his money. These drafts were drawn by
the Bank of Memphis on the Bank of
Louisiana, and signed by Messrs. Wicks
and Mcclure. He was then released and
allowed to go to st. Louis. The drafts
were forwarded to New Orleans as soon
as possible, but this could not be done
until the year 1865, but they were all
protested, with one exception draft
for one thousand dollars. In regard to
the others, mo funds" were reported in
the Union Bank of Louisiana as belong
ing to the Bank of Memphis, the funds
in question having been removed by or
der Of Gen. Banks.
Under these circumstances, this suit
was instituted in 1866 to recover back
the gold referred to above, and also dam
ages to the amount of one hundred thous.
and dollars for being detained aud impris~
onsd in Memphis by the Bank Of Mem
phis and several members of the VIg:-
lance Committee. The case was tried IN
the Law Court in January, 1868, Judge
j. o. Pierce presiding; but the jury failed
TO sgree-eleyen it is said, being 10 favor
of giving judgment in favor Of the plain
tiff for the money taken.
The case, as hes been previously