CIVIL WAR question..Ballard .44 rimfire single shot

[Jim McDougall]

This is a Ballard (patent 1861) .44 rimfire rifle acquired MANY years ago. In my youthful exuberance, I had learned that my great grandfather had served through the Civil War in the U.S. Sharpshooters. As a novice collector I saw this gun and envisioned (by the slide sight) that this must be a rifle as they night have used.

The U.S. Sharpshooters, just two regiments of forward action troops formed by Hiram Berdan, thus known as 'Berdans Sharpshooters'. My notions of this gun being one used by them were extinguished when I learned that the term 'sharpshooter' was actually an eponym for the Sharps rifles they largely used. While other guns such as the Colt revolving rifle were tried, these were much despised by the men, so saw little use.

In recent research I found that my particular gun, had the distinguishing markings that placed it within the years of the Civil War.
One line reads, Ballard Patent 1861; another Ball & Williams, Worcester;
another Merwin & Bray, New York.
The serial # 4823.

Charles Ballard had the tool making firm of Ball & Williams take up the manufacture in 1862. They had production until the war ended in 1865.
The firm Merwin & Bray in New York were the marketing and distribution firm.

Apparently Ball & Williams received an order for 5000 rifles in 1862 from the State of Kentucky. It is unclear how many of these guns were produced but by 1864 part of the contract was forfeited as pricing wars with other rifles probably Sharps conflicted.

We know that a good number of these were indeed used by Kentucky volunteers as they are marked KENTUCKY. However while government contracts were of course a matter of record and protocols, the militias functioned through private channels.

So here is the catch:

The octagonal barrel on this gun suggests it was a sporting rifle, as these barrels invariably seem to be used in that field. HOWEVER, this is chambered .44 rimfire, the preferred bore for military use.

It does not have sling swivels, which seemed a feature for a good number of the military destined examples.
The barrel is 26.5" which seems a bit longer that many of the military carbines.
The serial # is 4823.....within range of the 5000 ordered to Ball & Williams, which ceased effectively in 1865 as the firm itself ended, restructuring to new name & firm.

Apparently Ball & Williams interspersed serial numbers between the military and civilian guns.

So my question is, could this gun have found use independent of formal orders and contracts and seen action with either a militia unit or other.?

Could numbers of these Ball & Williams guns have been acquired privately when this firm defaulted on contract and many guns sold. Even a sporting gun with the favored .44 rimfire would have been likely for independent use.

These were highly favored for efficiency, and later even found use for hunting, notably as I found, buffalo hunting in Montana.