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Hung by Mistake

“Hung by mistake, as a cattle rustler”
HOW COULD THIS HAPPEN to ENLISTED SOLDIER?

Tragic and heartbreaking story I just heard recently regarding my Great Grandfather x3, THOMAS CUSSENS (COUSINS), 11th Battalion, Co. E.

Does anyone have information on enlisted men hung as cattle thieves? The family story does not know the place, date of the hanging or if it was Confederate or Union.

There is a period between March 1864 and July-Aug 1864 that this hanging probably happened. Thomas Cussens was listed on the indigent list, 3 dependents February 12, 1864.

A little timeline for him:

On May 4, 1861, Thomas Cussens and enlisted as a private in Capt. Joseph Herbert's short lived unit, the "Jefferson County Mounted "Rangers", at Beaumont Texas.

In March, 1862, after his recovery from a serious case of measles, George O'Brien, mustard Company E, comprised principally of the early Beaumonters.

The new unit was soon assigned to Liken's 6th Battalion at Sabine Pass. In June, 1862, Company E, Liken’s 6th Battalion, became Col. Ashley W. Spaight’s 11th Texas battalion.

During the ensuing months, the headquarters of Spaight’s Battalion was maintained at Beaumont or Sabine Pass, except for periods duty at Galveston, Houston, Niblett's Bluff, La., (opposite Ballew's Ferry), or in Central Louisiana.

October, 1862, Union ships occupied Galveston island and bay.
After these events, Spaight's cavalry and Company E were based at "Cowpens," near Smith's Bluff, and at Camp Spindletop, south of Beaumont. Company B remained at Fort Grigsby, while the remaining infantrymen guarded the railroad bridge at Beaumont, as well as the railroad, port, and government-owned cotton at Orange.

The following two months, November and December 1862 were relatively quiet except for cavalry scouting at Sabine. Until 1863, Jefferson County's defense had been borne by Spaight's Battalion.

January 10, 1863, Capts. O'Brien's, Co. E and Marsh's Co. A came aboard the ship, Uncle Ben to serve as sharpshooters.
About February, 1863 Spaight's Battalion, all but Co. B, was ordered to Galveston.

May 1, 1863, Gen. Banks' Union army was advancing in the vicinity of Louisiana's Bayou Teche, necessitating the transfer of Col. Spaight and five of his companies to that sector, including Co. E.

Company E's most memorable experience came between June and November, 1863, during a Louisiana campaign under General Richard Taylor.

There they fought a number of offensive and defensive battles and skirmishes against an invading army advancing along the Bayou Teche.

The most important engagement being the Battle of Fordoche Bayou, was fought on September 29, 1863.

The fall and winter of 1863 was filled with sickness, famine, and freezing conditions that wreaked havoc on the unit. (Sept – Dec 1863)

About February 12, 1864, Thomas Cussens is listed on the Texas Confederate Indigent List, and 3 dependents. While the actual dependent names were not listed, they were his wife Jane Lydian and two baby sons.

Company E's last combat experience was at the Battle of Calcasieu Pass, Louisiana, on May 6, 1864, when the Union gunboats "Wave" and "Granite City" were captured in the horseshoe bend of the Calcasieu River at Cameron, Louisiana.
Thereafter, Captain O'Brien and his men were in garrison at Sabine Pass and Fort Griffin until discharged at Beaumont on May 24, 1865.

The unit left Camp Vermillion, Louisiana, and spent the spring of 1864 scattered, with units serving at Camp Walker near Beaumont and Sabine Pass, Texas, and Niblett's Bluff and Calcasieu Pass, Louisiana.

By story, Thomas was mistaken as a cattle thief and hung. Where was he during this period? How could this happen?

Thomas Cussen’s wife, Jane Lydia and her sister moved to Galveston and died from yellow fever September 30, 1864. Thankfully, a widowed woman, nursing the sisters, took in the babies and adopted them.

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