Richard Barnett Foley, a native of Patrick County, Virginia, was not killed at the Clark House battle in May 1862. Severely wounded in the shoulder, Foley later served as Clerk of the Circuit Court in Mercer County, West Virginia and was enumerated on the 1880 Census of that county.

The report of Foley's death is just one of the dozens of falsehoods and inaccuracies that have plagued written accounts regarding the Flat Top Copperheads. For example, on the often published roster that you quote, Samuel J. Leedy and Francis M. Peterson are actually Samuel J. Snead and Francis M. "Frank" Kesterson.....

Rutherford B. Hayes of the 23rd Ohio Infantry claimed that this list was taken from the "pocket of a dead guerrilla". In a primary source account, Sergeant Francis M. Kelly of Company C, 23rd Ohio Infantry, stated that this list was found in Foley's residence when he and his men entered the house in search of food. At the time, the dwelling was occupied by 6 women.