Thursday, August 14, 2025

52 Ancestors 2025: The Legal Troubles of Benjamin Cruiser McWIlliams

 


We’ve met my 2nd-great-grandfather, Benjamin Cruiser McWilliams, before. Through his writings on his Civil War POW experiences and life as a new settler on the Missouri prairie, we’ve had a window into our nation’s history. But I wasn’t expecting to see his name connected to the prompt “legal troubles.” Two unrelated events led me there: first, while using FamilySearch’s full-text search to check Ben’s land transactions, I stumbled across a couple of court cases. Second, my ace genealogist cousin, Cindy Cruz, sent me Ben’s complete Civil War pension file—and pointed out a rather heated dispute.


Details about the court cases were scarce, but in 1872 Ben was convicted of petit larceny and fined $5. In 1878, an appeal was filed but later withdrawn—though whether it was for that case or something else is unclear. By the 1870s, though, Ben was already a successful farmer. He had purchased land in 1866, and both the 1870 and 1880 U.S. Census agricultural schedules confirm his prosperity. This makes me suspect the case involved a minor dispute, perhaps a business deal gone wrong.


Ben was a survivor—both literally and figuratively. During his time in the notorious Andersonville prison camp, he had worked in the hospital, getting extra rations there until caught by the Raiders, and conducted shrewd deals with locals who couldn’t distinguish between worthless “old issue” Confederate money and the still-valid “new issue.” His resourcefulness, risk-taking, and business instincts no doubt served him well as a prairie farmer—but may have also landed him in conflict from time to time.


The pension dispute offers even more insight—and perhaps a glimpse into postwar Barton County, Missouri, where recently arrived “Yankee” settlers mixed uneasily with older residents whose sympathies leaned southern. Missouri had been a border slave state and a guerrilla battleground during the Civil War, with escalating violence between Union troops and Confederate bushwhackers.


From 1862, Congress provided pensions for Union veterans disabled during service. At age 37, Ben applied, providing testimony from himself, a physician, and several acquaintances. But in the file was a remarkable letter from Barton County neighbors declaring that granting him a pension “would be a fraud & swindle upon the Government and an outrage upon the feelings of every patriotic citizen and true lover of justice and right throughout this community.” Harsh words! They claimed he was well-to-do and appeared to have no disability.


Indeed, in 1880 his farm was valued at $5,000—far above the U.S. median of $600—and he was listed in the 1889 History of Barton County. Perhaps they had a point. Many successful farmers of that era claimed ailments like rheumatism or poor eyesight, and Ben’s claim of scurvy-related disability fit that pattern. Still, sworn testimony and a physical exam were required, and frontier farmers were known for working through pain.


Then I looked closer at the signatories:


J. C. Leonard, J. A. Eddlemon, T. B. Yount, Henry M. Mayfield, G. H. Dixson, J. H. Conrad, H. P. Schmalhorst, J. W. Schmalhorst, J. B. Geer, S. D. Reed, George Reed, D. H. Pierson, John J. Dixson, A. M. Comfort, G. W. Conrad, Lewis Stone, J. B. Eddlemon, Wm. Jones.


Some names were familiar—and in fact, many were in my own family tree. The Younts, originally from North Carolina, had roots in Cape Girardeau, Missouri, and had intermarried with the Mayfields, who came from Virginia. The Justice of the Peace, J. C. Krimminger, was from a family long associated with the Younts. The Reeds had Virginia roots before moving to Ohio, and according to family lore, S. D. Reed had gone into hiding to avoid Union Army service. Several others had parents or grandparents from Kentucky, North Carolina, or Virginia, while others hailed from Union states like Ohio, Indiana, and Illinois—but as we know, Union loyalty varied depending on local settlement history.


Old wartime animosities may have still been smoldering. Ben was a proud Republican, outspoken about his service. Perhaps his pension application struck some as self-serving, or as an attempt to profit while their own families had suffered in different ways.


In the end, his 1882 application was denied. He eventually received a pension in 1890, when eligibility expanded to all veterans. But whether the wounds healed is another matter—though the families certainly intertwined over time. Ben’s granddaughter, Ruby Fast, married Stephen A. Reed, grandson of S. D. Reed. Their daughter married the grandson of Henry Yount, brother of T. B. Yount, and one-time farmhand for J. H. Conrad. These were my parents.


The opening of the prairie drew settlers from all over—bringing with them their cultures, grudges, and histories. Some conflicts played out in courtrooms or in letters to authorities. Others, eventually, were resolved at weddings and family dinner tables.

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52 Ancestors 2025: The Legal Troubles of Benjamin Cruiser McWIlliams

  We’ve met my 2nd-great-grandfather, Benjamin Cruiser McWilliams , before. Through his writings on his Civil War POW experiences and life a...