Yatesville|38th Indiana Volunteers

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John Yates Civil War service and death.

Read how John's family handled this experience. He was a private serving with Company K of the 38th Regiment of the Indiana Infantry, First Division, Fourteenth Army Corps, Army of the Cumberland. His description shows him as "Age 36 Yrs., Height 6 feet 0 inches, Complexion Fair, Eyes Dark Blue, Hair Dark Brown, Born Crawford Co., Indiana, Occupation Cooper (COOPER or CUPER - maker of barrels) & Merchant. (Another occupation listed in other areas is Farmer) in the "special marks" section it is noted "dot in middle of forehead, extra nail in left big toe".*

While not unique, the 38th Indiana Volunteers was an authentic family and community affair. The men serving were doing so with family members and neighbors. If future ancestors are also included then the roster of the 38th could almost be a current mailing list for a family reunion:

Marion Archibald, Cyrus Benham (Sergeant),Aaron Bowman, J. M. Bowman, Samuel Bowman, (died at Chattanooga 27 March 1864), John Butt, Peter Curl, Jacob Dean, Richard Dean, Wm. R. Denbo, (died at Madison 30 April 1864), William P. Dunn, John W. Fray, Moses O. Goldman, died at Madison 30 April 1864, George Goodson, Thomas W. Goodson, Wm. Goodson, Laban Gregory, Tapley Hughes, James S. Jenkins, James G. Land, James Laswell, John R. Lynch, Talbert McCraney, Obediah McQuire, James C. Mills, Noble Mounts, (died 20 Mar 1864 at Tyner's Station, Tennessee of measles), James Pankey, Harvey Payton, William H. Purcell, (killed at Kennesaw Mountain 20 June 1864), James W. Ringer, George W. Roberson,William Greenberry Roberson, John D. Root, George W. Seaton, John A. Sheckles, William Sisson, Wm. W. Sloan, Ben Stewart, George Stewart, Thomas Stratton, James W. Sturgeon, James K. P. Summers, David F. Taylor, Isaac Taylor, James Taylor, Wm. E. Teawait, Edmund Toney, George W. Riggle, Nathan Van meter, Joseph Walker, (died at Chattanooga 28 June 1864), Elijah Weathers, Solomon Weathers, (killed at Atlanta 21 July 1864), Hardin P. Wood, Milton Woolans, (died at Chattanooga 20 March 1864), Daniel Yates and, John Yates.

John & Daniel Yates were brother-in-laws as they married sisters and Daniel and he were most likely first cousins.

His First Sergeant was William G. Roberson. Because John Yates and his wife Elizabeth Roberson were first cousins, William G. Roberson was a first cousin to both John and his wife Elizabeth.

Upon Company K formation, James G. Land enlisted with the rank of corporal. He subsequently was promoted to 2nd Lieutenant and thereafter was appointed Captain and Company Commander. James G. Land was the officiating officer for John re-enlistment in December 1863 and completed the final discharge paperwork upon John Yates's death.

George W. Riggle was John's brother-in-law and 1st cousin as he was married to Elizabeth Roberson Yates' younger sister Linney S. Roberson Riggle. It turns out that George had the sad duty on July 15, 1864 to write home of John's death in Vinings, Georgia.

Talbert McCraney married Samantha (Mattie)Yates on May 4, 1865 just after the close of action which means he is John Yates's son-in-law. Talbert and Samantha ended their marriage and she married Sidney A. Brown in 1874. This is important as Samantha apparently was the keeper of important documents and her family line preserved the John Yates Civil War Letter Collection.

SCRIBNER, BENJAMIN FRANKLIN was born in New Albany, Indiana, on September 20, 1825. As a young man Scribner fought with the 2nd Indiana Infantry in the Mexican War and after the war, published a journal of his experiences, Camp Life of a Volunteer, by One Who Saw the Elephant. After Fort Sumter was fired upon, Scribner, a New Albany druggist, organized a militia regiment from the area.

The recruits were formally mustered in August 1861 as the 38th Indiana Volunteer Infantry Regiment with Scribner in command. The 38th was assigned to routine military duty in Kentucky and Tennessee before participating in their first battle at Perryville, Kentucky, in October 1862. There, the 38th lost 27 killed and 123 wounded. Colonel Scribner led a brigade in another fiercely contested battle at Stones River (Murfreesboro), Tennessee, on December 31, 1862, and January 1,2 of 1863. The casualties of the 38th were 14 killed and 86 wounded. In the summer of 1863, the 38th pushed on to Chattanooga in William Rosencrans's Tullahoma, Tennessee, campaign. At the two-day battle of Chickamauga, Georgia, the 38th lost a total of 110 men.

In November 1863, Scribner commanded a small brigade in the Union victory at Missionary Ridge (Chattanooga). The following May 1864, William T. Sherman began his Atlanta campaign and Scribner led a brigade in most of the major battles of the campaign. In early July, Scribner became sick, or exhausted, and gave up command. On August 8, 1864, on the recommendation of General George Thomas, Scribner was brevetted brigadier general but 13 days later resigned because of health problems. He also served in a government position in Sitka, Alaska, for a short time. In 1887 he wrote and published a book entitled, How Soldiers Were Made. Benjamin Scribner died in Louisville, Kentucky, on November 29, 1900, and was buried in Fairview Cemetery in New Albany. You can read his book about the civil war and what his troops experienced on line below. He died in 1900. Read his full book on line free on-line by clicking the book link at the left.

Serving as lieutenant Colonel was Walter Gresham. In 1860 he was elected to the Indiana Legislature and served one term. In 1862 Gresham enlisted in the 38th Indiana Regiment and was elected captain by the men. The following year he was promoted to lieutenant colonel and later to colonel of the 53rd Indiana. He was soon promoted again, this time to brigadier general of the 53rd. After the war, President Grant appointed him district judge for Indiana. Gresham briefly served as Postmaster General and Secretary of the Treasury in 1883 & 84 before being name circuit judge for Illinois, Wisconsin, and Indiana. He was urged to run on the Populist Party ticket in the 1892 presidential campaign, but he declined and supported Grover Cleveland. Cleveland rewarded Gresham's support by naming him secretary of state in 1893. Gresham opposed American imperialism and the annexation of Hawaii. He died in office in 1895.

Serving as Company K Captain is John Sexton of Alton, Indiana, commissioned 18 Sep 1861, mustered in 18 Sep 1861, died 10 Nov 1862 of wounds received at Perryville.

Serving as Company K Captain after Sexton's death, George W. Windell New Amsterdam, commissioned 11 November 1862, mustered in 4 Dec 1862, resigned 29 Oct 1863.

Serving as Company K Captain after Windell's departure, James G. Land Alton, Indiana commissioned 30 October 1863, mustered in 4 December 1863, mustered out 21 October 1864. James Land completed the final discharge paperwork certifying the death of John Yates.

38th Regiment, Indiana Infantry Organization

Organized at New Albany, Ind., and mustered in September 18, 1861.| Ordered to Elizabethtown, Ky., September 21, and duty at Camp Nevin on Green River till February, 1862.| Attached to Wood's Brigade, McCook's Command, at Nolin, Ky., October-November, 1861.| 7th Brigade, Army of the Ohio, to December, 1861.| 7th Brigade, 2nd Division, Army of the Ohio, to March, 1862.| 7th Independent Brigade, Army of the Ohio, to July, 1862.| 9th Brigade, 3rd Division, Army of the Ohio, to September, 1862.| 9th Brigade, 3rd Division, 1st Corps, Army of the Ohio, to November, 1862.| 1st Brigade, 1st Division, Center 14th Army Corps, Army of the Cumberland, to January, 1863.| 1st Brigade, 1st Division, 14th Army Corps, to April, 1864.| 3rd Brigade, 1st Division, 14th Army Corps, to June, 1865.| 1st Brigade, 1st Division, 14th Army Corps, to July, 1865.

38th Regiment, Indiana Infantry Service

Ordered to Elizabethtown, Ky., September 21, and duty at Camp Nevin on Green River till February, 1862.

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November 27, 1861

From the Company Book of December 31, 1861 it records that John Yates enlisted at Grantsburg, Indiana on November 20, 1861 for a period of time extending for, "During the War". This same entry states that John Yates reported for duty seven days later on November 27, 1861 at Camp Nevin, located 76 miles from home in Munfordville, Kentucky. The Company Book also states he enlisted at Alton, Indiana which might be used interchangeably as Grantsburg.

January 28, 1862

A full page handwritten document written by Company K Captain John Sexton at Camp Wood Kentucky approved by the proper medical and command authorities grant John Yates a medical furlough until February 28, 1862. The Assistant Surgeon indicates that John Yates is convalescing from an undecipherable condition and is not fit for duty for the next 30 days.

The railroad bridge over the Green River at Munfordville made the security of the town absolutely crucial to the Union war effort, as control of the bridge meant control of the Union supply line into middle Tennessee. As a consequence, Munfordville found itself under the weight of a continuous Union military presence from late 1861 until late 1865, with the exception of only a few days in September 1862 when Bragg's army captured the garrison.

The Union commander of the Department of the Cumberland, Brig. Gen. Robert Anderson (of Fort Sumter fame) and his successor, Gen. William T. Sherman, countered Confederate movements by sending troops first to Muldraugh Hill (near Elizabethtown) and then to Camp Nevin near the Nolin River bridge in southern Hardin County. The latter camp was established on October 9 by the brigade of Brig. Gen. Lovell Rousseau. Soon an entire division under Brig. Gen. Alexander M. McCook was encamped at Camp Nevin, and held this post for two months until ordered by the new commander of the Army of the Ohio, Gen. Don Carlos Buell, to defend the Green River Bridge 23 miles to the south.

Advance on Bowling Green, Ky., and Nashville, Tenn., February 10-March 6, 1862.

The Company Book records that John Yates is present for the months of January and February, 1862. This presumes John returned timely from his leave to his duty station, likely at this point to be Nashville.

Moved to Franklin March 25, thence to Columbia and Shelbyville. Duty at Shelbyville till May 11, 1862.

The Company Book records that John Yates is present for the months of March and April, 1862. John appears to have been assigned duties as a Company Cook for the month of April. It was common practice to assign such duty to the line troops. As we shall see the record also indicates that in the beginning of the Civil War even the "sick were expected to take care of the sick" which was soon stopped as drastic Camp Illnesses mounted threatening the loss of effective troop strength.

Action at Rogersville May 13, 1862.

The Company Book records that John Yates is present for the month of May, 1862 fulfilling regular duties. This presumes John participated in this action.

Expedition to Chattanooga May 28-June 16. Chattanooga June 7, 1862.

The Company Book records that John Yates is present for the month of May and June 1862 fulfilling regular duties. This presumes John participated in this action.

Guard duty at Shelbyville and Stevenson till August 1862.

The Company Book records that John Yates is present for the month of June 1862 fulfilling regular duties. This presumes John participated in this action for June. However, starting with July it appears that John Yates suffered a relapse of the his ailments such that it required hospitalization on medical care. Only after the fact can we compare Indiana State Archive documents to the Company Book and begin to acknowledge a confusing geographic disparate record keeping system.

There is an undated Certificate of Disability for Discharge signed as "Approved" by a M. Goldsmith, MD Surgeon U.S.A. Medical Director. It states, partly form letter but mostly in the examining Doctor's handwriting the following:

I Certify that I have carefully examined the said JOHN YATES of Captain WINDELL'S Company , and find him incapable of performing the duties of a soldier because of "large scrofulous (abscess of the right side invloving all the muscles of the chest) discharging a pint of matter daily and producing extreme emaciation. Disability Total".

Thomas W. Line, MD, Surgeon, U.S.A.
In Charge of Post

Scrofula is the term used for tuberculosis of the neck. Scrofula is usually a result of an infection in the lymph nodes. About 95% of the scrofula cases in adults are caused by Mycobacterium tuberculosis, but only 8% in children. The most usual signs and symptoms are the appearance of a chronic, painless mass in the neck, which is persistent and usually grows with time. The mass is referred to as a "cold abscess", because there is no accompanying local color or warmth and the overlying skin acquires a (bluish-purple) color. Scrofula caused by tuberculosis is usually accompanied by other symptoms of the disease, such as fever, chills, malaise and weight loss in about 43% of the patients. As the lesion progresses, skin becomes adhered to the mass and may rupture, forming a sinus and an open wound.

A reasonable person could conclude from what transpired that John Yates understood he was discharged from service and was now on his own to recover his health or die at home. Considering the lack of antibiotics and other curative services, death from his condition would not be an unexpected outcome in 1862. The Yates family requested an experienced Civil War authority to review his file with this resulting summation of this time:

As for your ancestor, John Yates, I can see how his records could bring some confusion into your view of his past. Here is what I think probably happened. He enlisted in November, 1861 in the 38th Indiana, but he was furloughed barely three months later for the entire month of February, 1862. This indicates to me that he was not in good health at that time, and was probably sent back home to recuperate.

He was then present again until October 1, 1862 when he was listed as a deserter. The vastly expanded army of that time was in many cases very poorly managed. Often the volunteers, especially those in non-combat roles early in the war, like doctors, failed to see the use or purpose of completing paperwork. It was also common any time a man's absence could not be documented to list him as a deserter (AWOL was not part of the official army lexicon at the time).

It appears that John was again sick, perhaps with a severe staph infection. He did report and was present for two months at the New Albany army hospital, and as you will note, there is in the file an incomplete certificate of disability for discharge describing a pretty awful sounding abscess on his right side which was discharging enormous amounts of puss. Probably the brigade surgeons who sent him to the hospital did not do the paperwork needed by his captain, who then carried him as a deserter when he turned up missing. Under what circumstances he left the hospital is not documented in the file.

Perhaps he was sent home and they failed to complete the paperwork. Perhaps he had an aversion to hospitals (which many soldiers justifiably did) and simply went home to recover on his own, assuming he would be contacted about what to do next. Perhaps he was given the certificate of disability and failed to realize that he had to go through additional bureaucratic steps to get it completed, and returned home thinking he was out of the army.

Obviously, the army thought he was still obligated to serve, and he was "apprehended" in August, 1863. Apparently he was never convicted of deserting, so his superiors must have heard and accepted one of the above scenarios as true. Then he re-enlisted as a soldier in good standing in December, 1863, as a "veteran volunteer", and earned a $400 signing bonus for doing so, and served faithfully until the day of the accident which killed him.
George C. Bradley

Moved to Dechard August 17, 1862, thence march to Louisville, Ky., in pursuit of Bragg, August 21-September 26, 1862.