Discover Your Family History with Witcher Family Genealogy
Benjamin Madison Witcher, son of James and Tempy
Benjamin M. Witcher -b- April 29, 1812 / Died November 15, 1867
Candis Adeline Brooks -b- June 24, 1824 / Died after 1895
As I researched Benjamin M. Witcher, and his wife Candis, I couldn’t help but feel a great deal of empathy for the plight of this family. At the end of this generation, it was obvious that the good fortunes of this branch of the Witcher family were in decline.
Born to relatively prosperous parents (James and Tempy), like most male children in that region did, Benjamin left his family home to make it on his own in the rugged wilderness of Northern Georgia.
In 1832 Benjamin M. Witcher won land in the 1832 Cherokee Land Lottery. His portion was in the 23rd district, 3rd section, lot 116. This land was just north of Rome, Georgia, in what was eventually to become Floyd County. I suspect Benjamin never settled this parcel of land. This assumption is based on census records. The land lottery rules stated that to be eligible you had to be at least eighteen years of age and had to have resided in the state for at least three years prior to the drawing. Ben was around 19-20 years of age when he won the lottery, and his parents James and Tempy had resided in the state of Georgia since at least 1819. Click here for that evidence. I have located the deed records for this property and through that information was able to locate the land. Part of the land is now a developed neighborhood in Rome. I have visited the property and have included images of this property as it looks in the early 21st century.
On January 6, 1841, Benjamin Madison Witcher married Candis Adeline Brooks. This event occurred in Campbell County, Georgia; Samual H. Hartsfield signing the marriage certificate.
Based on applications for Civil War widow pensions, we know this Benjamin M. Witcher was married to a “C.A. Witcher,” and this certain lady is the same one listed in a marriage certificate record dated January 6, 1841, in Campbell County, Georgia.
C.A. are the initials for various spellings of Candis. On her marriage certificate she is listed as C.A. Brooks. Census records list her as “Candar” and “C. Witcher.” Tax records from Haralson County, Georgia, alternately list her as “C.A.” and “Candis Witcher.”
On her son Noble’s Texas death certificate, she is listed as “Candase,” while on her son Francis’s Georgia death certificate she is called “Adeline,” thus fortunately identifying her middle name. Finally, on the Oklahoma death certificate for her son Benjamin M. Witcher, she is erroneously listed as “Kansas” by her grandson Henry Witcher, or maybe the clerk who filled out the death certificate in 1951 just phonetically misspelled Candis.
Looking at all the evidence, I will archive her name as “Candis Adeline Witcher.”
From the Civil War widow pension applications, I know Candis was born in Georgia on June 24, 1824. She was between 17 and 18 years of age when she married a much older Benjamin M. Witcher, who was 29 years of age at the time. I assume Candis died in 1895, because no further requests for a confederate widow’s pension have been located beyond that year.
The newly married couple settled down in Carroll County, Georgia. I assume this because there is an 1842, Carroll County tax record which lists B.M. Witcher, along with Ben's younger brother D.H. Witcher, and his first cousin, A.J. Witcher (son of John and Polly Witcher).
A few years later, the 1850 federal census records show Benjamin M Witcher and "Candar" A Witcher was living in nearby Paulding County, Georgia, with sons Noble D Witcher and Isaac Witcher.
There is a Production of Agriculture tax list which gives details about the small farm which Benjamin and Candis lived on. Eighty acres are listed, forty in production and forty unimproved. The total value of the farm is listed at $500. However, Ben didn't stay long on the farm because a deed record(s) shows BM Witcher had sold his land holdings just after the 1850 federal census was taken.
There are deed records in the Paulding County Superior Court which list a BM Witcher and a B(W?) Witcher. One deed is dated December 25th, 1850; the other is dated December 1st, 1851. Each deed is for forty acres. One tract sold for $175 dollars, the other for $8 dollars. It would seem this is the sum of the eighty acres listed in the 1850 Paulding County tax list for BM Witcher. The $8 price of one tract would reflect the value of scrubby, undeveloped land, while the $175 price of the other forty acre tract would be more in line with what could be expected for tillable land. Plus, the proximity of the two tracts, both being in the 19th district, the 3rd section, lots 634 and 702 respectively, would indicate a single tract of land.
However, while the facts add up, the names on the two deed records at first glance indicate two different people, one being BM Witcher, while the other is B(Benjamin)W Witcher. I believe what looks like BW is actually BM. This is due to the very heavy and scribbled cursive on the deed for "BW" Witcher. On one deed, the BM Witcher name is plain and well written, while on the other deed, the BW Witcher name is scribbled.
The 1850 Paulding County, Georgia, tax records definitely spell out "Benjamin M Witcher" owned eighty acres in 1850, in Paulding County, Georgia, and there is definitely at least one deed record which lists the sale of forty of those eighty acres in 1851.
In the early 1850s, it appears Benjamin and Candic had moved back to Carroll County, Georgia. On August 23rd, 1852, according to Carroll County deed records, B.M. Witcher witnessed the sale of forty acres by Seaborn J Reaves to Disken H Witcher. This record places Benjamin in Carroll County with his younger brother Diskin Witcher.
We know both Benjamin and Diskin were members of the Villa Rica Masonic Lodge in Carroll County, because lodge records place them there in 1854. In this membership record, B.M. Witcher is listed as a Junior Deacon and Diskin listed as a Senior Warden. This record of course places Benjamin and Candis in Carroll County in 1854. I am of the belief Benjamin farmed on a relatives land, maybe his brother Diskin's land. I arrived at this conclusion as no land deed has been found for Benjamin in Carroll County, Georgia.
Six years later, the 1860 federal census records place the family of Benjamin and Candis in nearby Troup County, Georgia. To date, I have located no deed records of land being bought or sold by Benjamin in Troup County, so I assume he either rented or sharecropped, as that census lists him a farmer by occupation.
In 1862 the records for Benjamin M. Witcher then resume with his enlistment into the 35th Regiment, Georgia Infantry; a confederate regiment which participated in many famous battles. Being wounded in battle, Ben convalesced at Camp Winder and Camp Chimborazo. These camps were infamous for their bad treatment of the wounded Confederate soldier. Benjamin wrote a critical letter to Governor Brown about the horrible conditions found at Camp Winder. I have transcribed this letter and included an image of the original record at the bottom of this page.
The 35th Infantry Regiment was organized at Atlanta, Georgia, and mustered into confederate service at Richmond, Virginia, in October, 1861. The men were recruited from the Georgian counties of Troup, Haralson, Bartow, Walton, Chattooga, Harris, and Gwinnett. This regiment fought in numerous battles from Seven Pines to Cold Harbor to Gettysburg, and more than twenty-five percent were killed or wounded. It finally surrendered with 15 officers and 121 men.
For a fascinating read about this regiment, I recommend, “Red Clay to Richmond: Trail of the 35th Georgia Infantry Regiment, C.S.A.,” by John J. Fox III. Benjamin M. Witcher is listed in this book, in the roster of soldiers in the Georgia 35th.
Records indicate Benjamin M. Witcher enlisted into this regiment on February 28, 1862 and was discharged due to disabilities on August 27, 1863, only weeks after his regiment fought in the Battle of Gettysburg.
An affidavit dated April 28, 1891, made by the then widowed Candis Witcher, indicates Benjamin M. Witcher was disabled from a, “Shock by a bomb shell while in the line of duty as a soldier.” In an affidavit dated January 18, 1895, it is stated Ben fought in the “Seven Day Fight” and took sick while engaging in this battle. This famous battle was fought from June 25th to July 1st, 1862, just to the east of Richmond, Virginia, and cost both sides 36,000 casualties out of the nearly 200,000 combatants.
Records between 1891 and 1895 indicate Benjamin was “strong and able-bodied” when he enlisted, was injured, became sick, was sent to Camp Winder in Richmond, Virginia, after his injury, and the eventual cause of Ben’s death shortly after the war was disease contracted while in the service of the Confederacy.
I conclude (after studying all the documents, including two 1868, Troup County, GA deed records) that the bombshell blast injury resulted in a weakened immune system and sickness, which later resulted in his death at his home in Troup County, Georgia on November 15, 1868.
According to Candis' application for a Civil War Widow's Pension, Benjamin Madison Witcher died in Troup County, Georgia, on November 15, 1867. However two things cause me to believe the date of Benjamin's death are off by one year.
Firstly, two deed records from Troup County, Georgia, dated May 21 and June 19, 1868, show BM Witcher, his son Noble D, and a certain JB Witcher pledging their crop as collateral, a crop which was being grown on the McLeudon, Bride, and Redding Plantation. Secondly, the youngest daughter, Julia (Katie) was born on March 15, 1869, so says her death certificate. This would certainly indicate her conception was around June of 1868, the same date as the deed record. This evidence causes me to believe Benjamin died November 15, 1868, not 1867. Remember, twenty-three years passed before Candis applied for her pension, and memories do fade.
Speaking of memories, I will share what my grandfather told me as a child about his grandfather’s death. His grandfather was Benjamin Madison Witcher. I was told he died of a heatstroke, the result of working in the hot fields. Years later, after the discovery of the 1868 deed records, I suspect Ben must have succumbed to the hot Georgia heat and humidity, while working as a sharecropper on the Redding plantation.
Benjamin’s Civil War medical papers issued on July 19, 1863, indicate he was fifty-one years old, was born in North Carolina, was 5'11" tall, of fair complexion, had blue eyes and white hair, and that he was a farmer by occupation at the time of his enlistment. The certificate also lists general disability, old age, and an "intermittent fever which so far proved incurable," for reasons of his discharge.
Benjamin returned home to a war-ravaged Georgia. The economy was wrecked, families destroyed, communities burned, and the hopes and dreams of a generation were lost. I can only imagine the emergency situation which must have existed in the household of Benjamin and Candis, with the breadwinner and provider disabled, and children’s mouths to feed.
These are the children of Benjamin Madison and Candis Adeline Witcher: Noble D. Witcher -b- June 29, 1846 – died January 26, 1937, Isaac Witcher -b- 1848, Francis A Witcher -b- January 7,1851—died November 18, 1926 , Mary Witcher -b- 1854, Morcus [Martha] Witcher -b- 1859, Benjamin M. Witcher -b- December 18,1861—died June 15, 1951, Ira W. Witcher -b- 1865, and young Julia [Katie] Witcher -b- 1868. These are the children of Benjamin Madison and Candis Adeline Witcher.
Ben’s son Benjamin Madison would have never really known his father as his father enlisted only months after he was born and died while he was only five years old.
Of a sadder note is the baby Julia Witcher which must have been conceived only days before Ben passed away. Ben and Julia never laid eyes on one another.
Candis remained unmarried, and for at least the next twenty eight years lived as a widow in the general area of Haralson County, Georgia. From the records I have reviewed, I believe it was her son Francis Asbury Witcher who cared for his elderly mother. However, there were other friends and family in the area who probably assisted in the task.
I have placed images of his Civil War pension applications and war records in the gallery below.
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Researched and written by Wayne Witcher, gg grandson of Ben and Candus Witcher.
6.15.16/3.21.24
Benjamin Madison Witcher's letter, dated December 14, 1862,
Benjamin's letter to Governor Brown
Benjamin M. Witcher spent time in Camp Winder and Camp Chimborazo recovering from sickness and wounds received when he was fighting in the Civil War as a Confederate Soldier, and was specifically wounded at the "Seven Days Battle" in Virginia.
As a member of the the Georgia 35th Infantry, he could have been at the Battle of Gettysburg, as he was discharged due to war inflicted disabilities three weeks after that battle. Unfortunately, we may never know if he was actually at Gettysburg or in Camp Winder during that fateful battle.
However, we do know that the time Ben spent at Camp Winder Hospital was horrible enough to motivate him to go around his superiors and write the then Governor Brown of Georgia about the appalling conditions the common soldier endured while being treated at that hospital camp.
I have provided a transcript of the letter, and below that, the letter itself. When you read the actual letter, attention must be taken to place the four pages in proper order, as they are images of an unfolded packet.
Camp Winder
December 14, 1862
To His Excellency J. E. Brown, Governor of Georgia Honored Sir The undersigned memorialist most respectfully invite the attention of your Excellency to the following statements hoping that your interpositions may remedy the evils and impositions complained of.
When we took up arms in defense of our just cause and rights, it was with the firmest resolution of sacred and devoted patriotism not to lay them down until our cause was gained and our rights triumphantly vindicated: and in the prosecution of our resolutions we cheerfully encountered whatever of provocations, sufferings, and dangers might befall the soldier, on the march, the camp, or the battlefield. But we had no expectation of meeting the imposters, extortioners, and extractors we have to endure and suffer; nor can we as free born men, fighting for a just cause submit to them.
Patriotism must be fed and clothed; it must have shoes, shirts and coats and many other articles to sustain, strengthen and warm it, to make it efficient in the hour of trial.
But how far will eleven dollars per month go in furnishing these needful articles when the price of common shoes is 20 dollars a pair, and sometimes more – a coarse pair of pants from 18 to 20 dollars? and all other articles of clothing in the same proportion.
A host of speculators and extortionist have sprung up all over the land, who not only have separated and cast off all honor, and conscience, but seem to think they have a commission to rob and plunder the soldier to the extent of their power and means while he, the poor solider has no protection, nor even redress.
Such a state of things of continued will do the confederacy infinitely more injury than can our enemies.
Added to these evils and oppositions is another great cause of complaint of the treatment of our soldiers in the hospitals; there a certain sum, one dollar per day is allowed by authority to feed the sick and convalescent; but it is well known and can be testified to by hundreds in the hospitals that in many cases the men do not receive one half of the aforesaid allowance: and this to while many of the officials are away from their posts and are faring sumptuously every day. And yet the soldier is not allowed to complain or murmur but endure hunger, cold and nakedness and be satisfied with his eleven dollars per month – much of which he is obligated to spend in the purchase of food.
We the undersigned, therefore having full confidence in the wisdom, justice and patriotism of your Excellency – and honoring what I have done and are laboring to do for our good cause, have submitted these firm statements to your consideration, respectfully regarding their publication if you think proper – we have the honor to be with the highest Excellency.
Your obedient servants
J. E. Brown BM Witcher.
Transcribed by great, great-grandson, Wayne Witcher.
7.16.17/3.25.24
