The Civil War in Kentucky -- Emma's Affidavit
Yet another set of great-great-grandparents lived in Harrodsburg, Kentucky, the site of Old Fort Harrod and 
the old Shakertown, and located about ten miles northeast of Perryville, KY. Emma Strother Hutchison, William Bruce's second cousin, and her husband, Thomas Jefferson Hutchison lived in town, but owned a farm north of town, which was where Thomas brother, Joseph, lived. At the time of this story, Emma and Thomas had two children, Charles Early, my great-grandfather, aged three, and George, aged one. Three more children were to follow in their happy marriage.
Perryville was the site of the largest Civil War battle in Kentucky, and had the highest percentage rate of casualties of any other battle of Civil War. Over 1,400 men were killed with 5,500 wounded. The high numbers of dead and wounded completely overtook the little towns of Perryville, Harrodsburg, and Danville. The high casualty rate represented approximately 20% of the soldiers present from both sides. My great-great-grandmother was 22 years of age, and reading the law, when the battle took place.
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Harrodsburg, KY -- December, 1862
Emma smoothed her hair; made sure the thick sheaf of papers in her hand were rolled neatly, and entered the old judges chambers in the Mercer County courthouse at her husbands side. The judge greeted her politely and offered her a chair, inquiring into her familys health.
Emma sat quietly, nodded, and said, We are well, sir. I hope that your family is the same. The town was still drowning in wounded, which were slowly becoming well enough to leave for their homes or return to their armies.
How may I be of service to you, Mrs. Hutchison? the old judge asked, looking at her husband.
I would like to submit and notarize an affidavit that the wills that I have in my possession are valid and legal, sir, Emma said. I have prepared an affidavit to be entered into the court records, sir. Once they have been notarized, I can send the wills to the mens families, for probate.
An affidavit? the judge looked at her incredulously. How did such an affidavit come into your possession? He looked at her husband sharply.
I wrote it, sir, as I have written the wills of the men who passed, sir, Emma answered quietly. The judge looked nonplussed. How could this woman have written anything that could be considered to be a legal document?
Emma has been reading the law, sir, for several years, Thomas replied, noting the old judges expression. She has followed the letter of the law, Im sure. It would be a help to those who passed to have their wills sent to their families as quickly as possible.
The old judge harrumphed and looked out his window. It was true that the times were most unusual, but surely this little slip of a girl could not have written an affidavit that would be acceptable in a court of law! Yet, she appeared to be well-educated and demure. Something about the set of her husbands shoulders gave him pause. The gentleman was well educated, and they were both well-dressed. An election was coming up, and it would not do to insult this man, nor his pretty wife.
The old judge sighed, and reached a hand for the papers. Let me look at them, please.
Emma handed the sheaf of papers to the judge silently. He took them, and looked them over. The papers were written in a fine, even hand, very legible, and appeared to be in order, by date of death. He turned to the affidavit and began reading.
I, Emma Strother Hutchison, on this 18 th day of December, 1862, do hereby solemnly swear, that the documents in my possession were written by me in good faith effort, and that the following Affidavit is true, under penalty of perjury, fine, or imprisonment. I have personally appeared before the Honorable Mercer E. Combs, United States Circuit Court Judge in his offices on this date to swear that the wills included herein this document, are the final wishes of the soldiers who were wounded at the Battle of Perryville, at Perryville, Kentucky, and subsequently met their death in Harrodsburg, Kentucky, on the dates, stated below, and as attached.
I do solemnly swear that the names of the men listed herein have indeed died, and were of sound mind, and able to attest to their last will and testament, as per Kentucky Law, at the time these wills were made. Those that were able to sign have done so, and those unable to sign have made their mark with an X, and witnessed by two witnesses, as required by the State of Kentucky for validation of signature.
The old judge, surprised, looked up at Emma. She was sitting quietly, gazing out the window into the distance. He shuffled the papers, noting the name, birthplace, time of death, location of death, date of the will, and location of the disposition of property, and signatures on each one. Each will was written in the same even, legible hand.
You attended the deaths of each of these men? the old judge asked sternly.
Yes, sir, I did, Emma replied, quietly, resolve in her soft voice.
Most of these do not have a certificate of death, Mrs. Hutchison, he said.
No sir, they are the last will and testaments of the deceased, sir, not death certificates. The doctors have no death certificates left, until the printer prepares more for them. Therefore, it has been impossible to acquire death certificates for each man, sir. Some of the early wills have the death certificates attached, sir, while they were still available, she said.
We cant probate the wills without a death certificate, Mrs. Hutchison, the old judge said, and looked at her sharply.
Sir, these are not to be probated here, they will be probated in their home state, Emma replied. It is not a requirement to probate the will in the county or state of death sir, only in the state of residence. This is also why I have sworn that the men in these instances have indeed, died, sir, since death certificates are not readily available. I assume, sir, that the official death certificates that cannot be supplied at this time will be supplied by their respective governments?
Brushing her question aside, the old judge said, You do realize that most of these wills may not be valid, pertaining as they do, to property within the States of Mississippi and Alabama?
Yes, sir, I do. However, I felt that I must do my best for the men. Perhaps one day we will have regular mail service to the south, sir. Emma folded her hands and looked down to her lap. Many of these will be probated in the state of residence that is still a part of the Union, sir.
How many of them are there, Mrs. Hutchison? the old judge asked, more kindly.
One hundred fifty seven, sir, Emma replied evenly. She kept her eyes steadfastly in her lap, but they filled with tears.
After a short pause, while the judge allowed her to gather herself, he asked, And you personally attended the deaths of each of these men?
Yes, sir, Emma replied.
These were the wounded from the Battle? he asked.
Yes, sir. Emma thought of those men for whom death had been a blessing, and had an inner vision of the splashes of blood on her wallpaper of the dining room, the pools of blood in her kitchen as the doctor did his work, the screams of the wounded, and the pallets lining the dining room, hall, the porches of their small home, the crush in the bedrooms, the piles of bloody bandages. Her son, Early, only three, had carried water to the wounded through the house, day after day...
After a pause, the judge asked, How many of them were in your home, Mrs. Hutchison?
Twenty three, sir, Emma replied, tonelessly, keeping all emotion at bay. Her husband, standing beside her, touched her arm in support, and looked that judge sternly.
So, you went from door to door, offering your services to these men? he asked. Where were all the other attorneys in town, may I ask?
Emma was silent, for a moment. Thomas touched her arm again, as if to give her strength. They refused to attend the Confederate soldiers needs, sir, or they refused to attend the Union soldiers needs. I support all soldiers, sir. They were lonely, and far from home. It doesnt matter to me what color their uniform, sir. Death doesnt care what color the uniform, either, sir. Death comes when it will. If it made them rest easy to make a deposition to me, then, that, sir was my goal. Yes, sir, I attended each of these deaths.
The judge appeared taken aback. Who would not attend to the legal needs of a dying soldier, no matter which side? He shook his head, as if to say that he didnt WANT to know. He had heard rumors of some of the townsfolk, and it had made him feel ill... The old judge sat in his chair, and studied the bare trees out the window on the cold December day, finding comfort in their stark limbs, reaching toward the sky. Presently, he spoke.
You had the care of twenty three soldiers in your home, and yet, somehow, you found the time to go to your neighbors homes and attend the legal needs of their wounded, as well as attend the physical and legal needs of your own wounded, he said doubtfully.
Yes, sir, Emma replied, her head up, and her eyes fixed at some point above the judges head. Thomas Hutchison nodded gravely.
" 
Mrs. Hutchison, I must review these wills, which, on the surface, appear to be completely legal documents. The affidavit you have written appears to be in order, as well. However, I cannot allow you to sign said affidavit until I have reviewed the wills. A slight smile appeared on Emmas face. Can you return at four thirty this afternoon? Then, you may sign the affidavit, with your husband and my partner as witnesses. My partner will notarize your signature.
Emma and her husband stood. She offered her hand to the judge, who took this delicate, yet so strong hand in his own, and pressed it warmly.
Thank you, Mrs. Hutchison. You have presented a very fine argument. Would that every man of the cloth, doctor, and attorney in this town would have done as you! I will see you later this afternoon, the old judge said.
Emma and Thomas left the office, and, together walked down the street toward their home. I must get home and prepare dinner for everyone, she said, thinking of the wounded, still in her care. I must change their pallets and bandages this afternoon, as well. I am glad that only seven remain.
Thomas stopped, and looked at his young wife, fondly. She, too, paused and looked into his eyes.
Thomas said, What you did was an act of Christian charity, Emma. Even if the judge declares the wills invalid, you gave those men peace of mind, which is what they needed. This and your many prayers
Emma patted his arm, Dear Thomas, thank you for taking me to see the judge.
Epilogue
Emma Strother Hutchison reared five children, and continued to practice and study the law. She was known for her compassion for her clients, and prepared many wills and other legal documents. She appeared frequently in front of the old judge, who enjoyed their in camera discussions mightily. The old judge never tolerated the other attorneys that would denigrate Mrs. Hutchisons practice of the law, insisting that they treat her with the respect that she deserved.
Emma and her husband, Thomas, were happily married for many years. In her later years as a widow, she moved to Frankfort, Kentucky, both to be nearer her eldest son, Charles Early Hutchison, and to watch the Kentucky Government at work, where Mercer Combs' son represented the district. Emma enjoyed arranging flowers for gardens shows and gardens. She served on the committee that designed the original flower garden which preceded the famous flower clock in front of the Kentucky State House.
Many of the flowers that Emma helped to choose were included within the final design of the flower clock now in existence. Many of the flowers used in the famous clock are those that are native to Kentucky. I have Emmas pressed flower book from her home in Harrodsburg. And yes, I have recently discovered many of them to be native to the state.
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Irony upon irony, and wheels within wheels Robert Trumbo, very likely camped on William O. Bruces farm in Henry County, (and ate their beef), as they chased John Hunt Morgan across the state. Nancys husband fought at the Battle of Perryville, and Emma Hutchison may have nursed, or written wills for his comrades from the 14 th Cavalry, as their wounded were taken to Harrodsburg after the battle. Mercer E. Combs was a distant cousin of Sophronia Ann Combs Bruce, and Emma Strother Hutchison was the second cousin to William O. Bruce, whose mother was a Strother. Emma's and Williams' great-uncle Robert lived across the road from William Bruce.
If you go back far enough in Kentucky, everybody is related, somehow... And I do not say that lightly, or with irony at Kentucky's "incest" jokes. Most of us that live here, stay here. It's home.
William and Sophronias daughter, Mary Francis Bruce Hutchison married Charles Early Hutchison, against her fathers wishesslipping out the back door of their fine home, gathering the clothing that her mother, Sophronia, and her sisters had helped to hide in the bushes, and running to catch the buggy driven by Early. Miss Josie, the governess, played the piano, and all the women of the household sang loudly, helping to drown the noise of the buggy as it drove away. They drove all night to Vevay, Indiana, and were married quietly there at the courthouse. They had three children, and were happily married until Grandpa Hutch's death in 1942.
Stamper Bruce, William O. Bruces youngest brother, fought at the Battles of Nashville and Shiloh, against the men that escaped Marys poisoned apple pie. After being wounded, he returned to his fathers home, was given a nice chunk of land, and was elected judge in Henry County in the 1880s. His portrait still hangs at the courthouse, and his great-great grandson works with me. (WHAT a hoot!)
Wilhelm and Luisa Scherer sold their horses, corn, and pigs to the quartermasters of the southern Indiana cavalry units, which were also present at the Battle of Perryville. Did Emma write a will for someone who rode one of Grandpa Scherer's horses?
After the war, Thomas Hutchison, Wilhelm Scherer, and William O. Bruce, journeyed with their cattle to Louisvilles Bourbon Stock Yards to sell them, where they could get a much higher price than at home. It was very common, back in the day, to load the cattle onto the Louisville and Nashville train line to Louisville for the sale-- even down in the Purchase area, where Mary and Thomas lived on their farm after the war... Could they have met one another at a cattle auction?
The historic Stock Yards served the state for over 150 years, and was recently torn down to make way for government housing of foster children. The bank, however, remains a strong, locally-owned bank. At one time or another, it is very probable that they all did business at the Stock Yards Bank, which was built next door. Could they have seen each other and tipped a hat?
My dear grandparents, (the melding of the Scherers and Hutchisons), married in Larue County, by the Methodist preacher that baptized my grandmother, at New Castle, KY in Mt. Gilead Methodist Church. The church where they married, in Larue County, is only 10 miles or so, as the crow flies, from Nancy and Roberts farm. My grandfather never knew how close they were to his grandmothers home, nor did my great-grandmother, Nancys daughter, Louisa Trumbo Scherer. A painting that Mary Francis painted in the 1870s contains the image of a Native American-- were they a presence there in Henry County in the 1870's? If so, were they Cherokee or Shawnee?
I have found my brief study of the history of Kentucky during the Civil War to be very like a tapestry, with many threads weaving individual stories together. One never thinks of the people who were all alive at the same time, seeing the same thing from different viewpoints, reading the same newspapers-- nor does one realize that their lives were likely intertwined in seemingly very casual ways. My home is rich with their bits and pieces, (junk, for the most partbut good junk), and I am fortunate to live with their history around me. For all of its low and seemingly no value, I wouldn't take a share in the railroad for any of it.
The End
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Emma's Affidavit is the last of the series about the Civil War in Kentucky. There are many many more tales to tell, and many many more tales to discover.
I sincerely hope you have enjoyed these oral history/antidote, fictional accounts!
Again, if you don't like their politics, there's nothing I can do about it. It is of little use to argue with me-- they're my family, I still enjoy their "things", and I love them.
I absolutely adored this story. I've lived down South; NC and Virginia; and know just how intertwined the families are. The history of the South and Midwest is very different from the Northeast. They are also very different from each other in many ways. I am going to continue reading.
You mean to tell me that politics are involved in this? All I can see si the family, the people, the humans. I don't see politics in there.
Deliberately done, because, from my viewpoint, there were no politics! They were just people.
All this is just an outgrowth from a rather volatile article about the south-- My point was that the people that lived through it were just people.
Much love to you! I got a sweet note today!
It made me very very happy!
Thank you so much, dear Jo!
Those of us down here that like it, stay. A lot of the branches of the family moved to Chicago, Kansas, Ohio, and waaaaay out west, eventually. But, for the most part, we're all right here.
Your pluck comes from nowhere strange I see
Thank you!
She's always been kind of tough to live up to! She was a really good woman, too. Managed to live near her son, but didn't bug him, and was loving and kind.
Thanks, dear Brolly!
Great story Dowser, I love Civil War stories, there are hundreds of them all relating a bit of often forgotten American history.
I've recall reading about the bloody Battle of Perryville. The Confederate General Bragg had hisnemesis, Gen L.L. Polk serving under him during that campaign. Polk, a West Point graduate, often questionedBraggs' strategy and the two Generals did not get along at all. Polkeventuallyleft Bragg to command the Army of Mississippi, and was killed in action during the Atlanta campaign.
Poor Polk!
I think it was Atticus Finch that said naming people for Confederate Civil War generals was a bad idea...
Thanks, dear Jerry, for your kind comment! YOU are greatly appreciated!
Your welcome Dowser.
I think being a Confederate War general was bad idea!