A history of Texas and Texans, Part 71

Author: Johnson, Francis White, 1799-1884; Barker, Eugene Campbell, 1874-1956, ed; Winkler, Ernest William, 1875-1960
Publication date: 1914
Publisher: Chicago, American Historical Society
Number of Pages: 906

USA > Texas > A history of Texas and Texans > Part 71

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

His judicial career began in 1885, when a vacancy occurred in the office of county judge of Williamson county. Without any solicitation on his own part, he re- ceived appointment to fill the vacancy, and later was elected without opposition. He administered the office until September, 1888, and then once more the ap- pointive call was exercised to place him in the office of judge of the District court of Williamson and Travis counties. In November, 1888, he was regularly elected to the District bench for the term of four years, begin- ning January 1, 1889. In 1892, when the Court of Civil Appeals, in the Third Supreme Judicial District, was or- ganized, he was elected an associate justice of the court, and remained an associate until February, 1910, when, on the death of Chief Justice Fisher, he succeeded him as chief of the court and has presided over its sessions with a dignity and ability which have done much to uphold the fine record of that branch of Texas judiciary.

While Judge Key is a Democrat in politics, he has never been active in what is called practical polities. His appointments and elections to the various positions above enumerated have come practically without op- position. There were eight candidates for the Court of Civil Appeals when it was organized, and from the first there was no thought that he would not be one of those chosen to constitute the court. Judge Key served two terms as master of San Gabriel Lodge No. 89, A. F. & A. M., and also belongs to the Royal Arch Chapter. He has membership in the Methodist Episcopal church, South.

In December, 1876, Judge Key married Miss Izora Scott, a daughter of Samuel A. and Mary Seott, of Georgetown, Texas. The Scott family came to Texas in 1835, S. A. Scott finally settling on the western frontier in Williamson county, where he became a stock raiser and planter. Some years later he entered the ranks of the Confederate army, made a record as a soldier, and in his community was always looked up to and respected. He died in 1908 and his wife had passed away about 1867. Mrs. Key has twice been president of the American History Club of Austin. Their four children are as follows: Mary, who married Thomas P. Whitis and lives at Plain View, Texas; Scott W. Key,

who has gained a successful position as a lawyer at Haskell, is married and has four children; Howard W. Key, an electrical engineer at Atlanta, Georgia, and connected with the General Electric Company; Samuel N. Key, who graduated from the medical department of the University of Texas and is now a specialist on the eye, ear, nose and throat in Austin, Texas. Each of the sons has won success in his distinct vocation, and Mr. and Mrs. Key have cause to congratulate themselves upon their fine family. The Key home at Austin is at 212 West Twenty-seventh street.

HON. W. R. PERKINS. It would seem an anachronism to designate the Hon. W. R. Perkins, "the father of Jim Wells county," for his life span includes little more than a score and a half of years, but to him the county must give credit for its existence, his faithful labors in the State Legislature and among the citizens of this section having brought about the movement which cul- minated May 9, 1911, in the forming of this new county. At that time his fellow citizens gave evidence of their appreciation of his efforts by electing him the first county judge, a position he has continued to fill with dignity and efficiency, and in addition thereto be is ex- officio county superintendent of schools. His career since coming to Alice, in 1905, has been one of great activity and high achievement, and in public, professional and social life he is recognized as one of the leaders of the younger generation. Mr. Perkins was born in 1881, in Holmes county, Mississippi, and is a son of the Rev. C. W. Perkins. His father, also a native of that county, was for many years a minister of the Methodist church there, but in 1893 came to Texas and took charge of a church of the Methodist denomination in Sau Antonio, but has now retired.

W. R. Perkins received his early education in the public schools of his native county, and was twelve years of age when he accompanied his parents to Texas, where he resumed his studies in Southwestern Uni- versity, Georgetown. Followinig his graduation from that institution, he entered Sam Houston Normal School, at Huntsville, and on leaving that school in 1901 en- tered upon the study of law. After two years spent in the law department of the University of Texas, at Aus- tin, he was admitted to the bar in that city in 1905, and at once came to Alice, which city has since been his field of activity. Immediately upon locating here, Mr. Perkins identified himself with matters of a publie na- ture, enterinig actively into political affairs, with the result that in 1909 he was sent to the Thirty-first Legis- lature. He had organized the voters of this section for the purpose of forming the new county of Jim Wells from the western portion of Nueces county, and the greater part of his attention while in the Legislature was devoted to having his bill passed. Mr. Perkins was elected the first county judge of Jim Wells county, May 9, 1911, and in November, 1912, was re-elected to succeed himself for the regular term. In the administration of the affairs of his office he has shown the highest de- gree of impartiality and executive ability. He has com- manded the respect of his co-workers and fellow citizens, creating the impression that he is a man of convic- tions and judgment, one who can voice his sentiments before a body politic when the occasion arises. Perhaps the greatest factor in his success is his reliability. The people always know that he is one of them, and is with them on all questions pertaining to their welfare, and they have long since become convinced that his policy is safe and sure as it is broad, generous and progressive. It is to such citizens that the county must look for its future greatness, and a community is indeed fortunate which possesses men of this caliber.

Mr. Perkins was married to Miss Edith Williams, who was born and reared at San Marcos, Texas, and to this union there have been born three daughters, namely: Dorothy, Lucile and Eulalie.

John Dun Com Lubgroup.

1823

TEXAS AND TEXANS

ARTHUR G. BROOKE is an able and distinguished mem- ber of the bar of Panola county and a member of the firm of Brooke & Woolworth, of Carthage, whose great success in the winning of criminal cases has won them wide distinction throughout the Southwest. He comes of a distinguished family, being a great-grandson of the Rev. Francis Brooke, an Episcopal clergyman of the diocese of Chesterfield, Virginia, and of English birth, who married Lady Mary Cobb. Their son, Dudley Brooke, was the father of Judge John C. Brooke, a prominent citizen and jurist of pioneer days in Texas.

Judge John C. Brooke was born in Virginia, in 1798, and moved with his parents to Robertson county, Ten- nessee, as a youth. He was given excellent educational advantages, and was admitted to the bar in Tennessee, but did not immediately enter upon the practice of his profession. When he decided to come to the Southwest, he stopped in Sabine Parish, Louisiana, where he spent some time in the cultivation of his three large planta- tious before continuing on his way to the Lone Star state. He owned a large number of negroes, having about one hundred at the outbreak of the Civil war, these being subsequently freed. Upon the question of the disruption of the Union he agreed with Gen. Sam Houston in opposing secession, although he was too old at that time to take any active part in the war between the North and the South. During the days of the Re- public, Judge Brooke occupied the bench at San Au- gustine, and subsequently became chief justice of San Augustine county. A man of scholarly tastes, in finish- ing his education he did a great deal of travel, and visited various foreign capitals. His literary turn made him acquainted with the poets and authors, and he could quote "the lines" of favorite authors for hours. Judge Brooke was dignified and proud, was always well dressed-the best dressed man in Texas during his day, it was said-aud was a genial, polished, courtly and knightly gentleman. In Texas politics he was a colleague of Colonel Blount, of Nacogdoches, and John H. Brooks, wheel-horses here in public affairs. His career was one of constant activity and exciting experiences from the time when he ran away prior to attaining his majority, riding a horse with a slave boy behind him, and is said to have never again made his father's house his home. He married his first wife in Columbia, Tennessee, and had a son, Albert, who died in San Augustine, Texas, without issue. His second wife was Catherine Norvell, a daughter of Lipscomb Norvell, who was born in New York state, but came to Texas from Kentucky. Mrs. Brooke was born in Kentucky in 1821, and her father was an old hunter who wandered out to Texas and lo- cated at the confluence of three rivers in Sabine county and lived out his life there. He died in 1882, at the age of eighty-four years. Mrs. Brooke died at Center, Texas, in 1896, Judge Brooke having passed away in 1879, in Jasper county. He spent his last years in farming and moved from his Sabine county plantation to Jasper county just a short time prior to his death. The children born to Judge Brooke and his wife were: Wil- liam Dudley, who died leaving a family of children; Oc- tavine, who married Judge W. H. Ford and died at Beaumont, Texas, and Arthur G.

Arthur G. Brooke, of this review, was born in Sabine county, Texas, June 20, 1863. He prepared himself for life as a student in Southeastern College, at Jasper, Texas; attended the Agricultural and Mechanical Col- lege, Texas, and graduated in law at Cumberland Uni- versity, Lebanon, Texas, in 1885. He located first in Orange, subsequently moved to Jasper, and then to Center and Carthage, coming to his present locality in 1896. He was a candidate for district attorney early in his career as a lawyer, but was defeated and never became a candidate for another office. However, he has been a leader among his county people in politics, is a stalwart Democrat, and was chairman of the Panola County Central Committee for several years. Mr. Brooke tried his first lawsuit in Jasper county before Justice of

the Peace Ralls, the suit involving the possession of personal property, a bull. The justice told Mr. Brooke that he (the justice) knew all about the case and that it would not be necessary for him to have a jury, as he could render a verdict in his client's favor. When the case was tried, however, the justice promptly ren- dered a verdict for the other man. Mr. Brooke brought suit in the district court against the justice and his official bondsmen for $5,000, which frightened them to such an extent that they lost no time in compromising the matter to the entire satisfaction of Mr. Brooke's client.

Among the many cases of the legal firm of Brooke & Woolworth which have attracted attention, one of the most interesting is that of Dulaney vs. Brooke. This suit grew out of the refusal of Mr. Brooke as chairman of the Democratic County Committee to certify Du- laney's name as a candidate for district clerk of Panola county. Mr. Brooke took the ground that under the law the population of the county did not justify the election of both a county clerk and a district clerk. The case went to the Supreme Court and resulted in a finding against the contention of Mr. Brooke, and this case has served as a precedent in several subsequent cases. The fame of the firm of Brooke & Woolworth has spread, not alone over Panola county, but into adjoining communi- ties. On a number of occasions this firm has taken what have been considered "forlorn hopes" and brought them to a successful issue. Mr. Brooke's management of evidence before a jury, his taet, and his unusual powers of pleading have frequently come to notice, and have contributed to an unusually high standing in the Texas har. He is a stockholder in the Timpson & Henderson Railway Company, of which his firm is the legal repre- sentative in all suits. He has taken an interest in fra- ternal work, belonging to the Woodmen of the World, the Independent Order of Odd Fellows, the Improved Order of Red Men and the Knights of Pythias, and in all of these is highly esteemed, and in the last named has heen a representative to the Grand Lodge of the State.

On August 6, 1884, while a resident of Jasper county, Texas, Mr. Brooke was united in marriage with Miss Alice Cheatham, daughter of Col. James Cheatham, a pioneer Texan and a cousin of the Confederate General Cheatham. The children born to this union are: John C., who took law in the University of Texas, had his dis- abilities removed so as to enter the practice before he came of age, and is now county attorney of Brewster county, Texas; Kate, Sybil, Beulah and Hazel.

JOHN T. DUNCAN. Recently president of the Texas State Bar Association, John T. Duncan has practiced law in Texas for more than thirty-five years, and is one of the distinguished men in his profession. His home throughout his practice has been at LaGrange and he has identified himself with numerous public activities outside the immediate limits of his work as a lawyer.

Mr. Duncan represents two of the old American fam- ilies in Texas, and the Duncan family, of Scotch descent, was founded in Virginia before the war of the American Revolution. The great-grandfather of John T. Duncan, Coleman Duncan, moved from Loudon county, Virginia, to Nelson county, Kentucky, in 1792, and was the an- cestor of the branch of the family now found in Texas. John T. Duncan was born in Washington county, Texas, one of the oldest seats of American colonization, in 1854. His parents were George J. and Elizabeth (Dal- las) Duncan. The father, who was born in 1810 near Louisville, Kentucky, came to Texas in 1839, during the era of the Republic, settling in Washington county, where he was a farmer. In 1851 he was married and con- tinued to make his home in Washington county until 1880, when he moved to Milam county and lived there until his death in 1893. Soon after coming to Texas he enlisted for service in one of the campaigns against

1824

TEXAS AND TEXANS

Mexico following the winning of independence in 1836, and in 1840 was a member of the Summervelle expedi- tion and went as far as Laredo, suffering many hard- ships in that campaign. Elizabeth Dallas, mother of Mr. Duncan, was born in Kentucky in 1829 and died in 1906. Her parents were natives of Pennsylvania, moved from that state to Kentucky, and came to Texas in 1833, three years before the winning of independence from Mexico. They settled near the old town of Inde- pendence, in Washington county, and her father died in 1834, leaving the children to the care of the widowed mother, and a short time later the entire family had to flee before the advance of Santa Anna in the famous "Runaway Scrape" preceding the battle of San Jacinto.

John T. Duncan was educated at the Baylor Uni- versity when that institution was located at Independ- ence, graduating in 1877. Immediately following his graduation he moved to LaGrange and entered the law office of Timmons & Brown, completed his law studies with that well-known firm of lawyers, and was admitted to the bar in June, 1878. His first practice was in part- nership with R. J. Andrews, which continued until the death of Mr. Andrews in 1881. In about 1882 he formed a partnership with Paul Meerscheidt, and the firm was then known as Duncan & Meerscheidt. On January 1, 1885, L. W. Moore became a member of the firm, the name then becoming Moore, Duncan & Meerscheidt, but the latter withdrew in 1889, after which the firm con- tinued as Moore & Duncan until June, 1897, when it was succeeded by the firm of Robson & Duncan, his partner being W. S. Robson. In 1903 their relations were dis- solved, and on June Ist of that year Jake Wolters became his partner under the name Duncan & Wolters. Since June 1, 1905, Mr. Duncan has continued his practice alone. While he has looked after the interests of a large number of individual elients, and has practiced in all the courts, a considerable share of his business for a number of years has come as local attorney for the San Antonio & Aransas Pass Railroad Company.

Mr. Duncan in 1878 was appointed mayor of LaGrange, later elected to the office, and since the conclusion of his last term in 1882 has never sought any other public honor. He became one of the charter members of the Inter- coastal Canal Company, organized at Victoria, Texas, in 1906, with the object of completing the Coastal Canal which has long been a project and a successful completion of which will undoubtedly bring about a great benefit to all the commercial interests of the state. At the Gal- veston meeting in July, 1912, Mr. Duncan was elected president of the Texas State Bar Association, and held that important honor one year, and until July 1, 1913.

On January 11, 1881, Mr. Duncan married Miss Genelle Harris, daughter of Ben T. Harris, of Belle- ville, Texas. Her father was a lawyer by profession, came from Mississippi to Texas during the early '50s, was a member of a Texas regiment during the war, and died in 1882 in his fifty-second year. Mr. Duncan and wife have three children: Josephine, who married Leon- ard H. Dyer, a lawyer of New York City; Frankie, who lives at home, and Douglas Duncan, a lawyer at Belle- ville, and married. Mr. Duncan and family reside in a fine residence in LaGrange. Whether as a lawyer or a private gentleman, Mr. Duncan has long been es- teemed for his broadmindedness, his affability, and a kindly and helpful intercourse with his fellow-men which has enabled him to perform much service not classified as professional work, but none the less useful in any community.

CHARLES MULHERN. Around Fort Davis probably lingers more of the old memories and associations of the frontier than about any of the former centers of mili- tary activity. Among the prosperous citizenship of the town and surrounding country will be found men whose character and activities serve to keep alive these asso- ciations, and of these the best beloved and most con-

spicuous is the venerable banker and business man of Fort Davis, Charles Mulhern. His career has been a noteworthy one in many particulars and especially from the fact that he was for thirty years connected with the regular army of the United States.

Charles Mulhern was born in Ireland, September 14, 1832, and spent the first twenty years of his life in his native land, where he attained his education in the na- tional schools, his real battle with the world beginning when he left Ireland and came to the United States. He first located in Atlanta, Georgia, where he remained for about three years, and during that time attended school. From Atlanta he went to Montgomery, Ala- bama, where he began an apprenticeship with John G. Winter's Iron Works, but after four months in this oc- cupation started back to Atlanta. On his way thither he stopped at Columbus, Georgia, and while there fol- lowed some inclination or inducement and enlisted in the First United States Cavalry. In this same regiment and company he saw service for eighteen years throughout the Civil war period and through the many Indian cam- paigns both before and after the war. The regiment was stationed in many parts of the United States, but particularly in the West, and Mr. Mulhern's own record may be read in the official account of this regiment dur- ing the eighteen years of his service therewith. In 1873 he was promoted to ordnance sergeant in the army, and continued to occupy that office until July 5, 1885, at which time he retired after a long and honorable service of thirty years. When he retired from the army his family was living at Fort Davis, at which post he had himself been stationed during a portion of his army career. He returned to Fort Davis and has made it his home ever since. During many years he followed the general live stock and cattle business, but in 1910 sold out his cattle, though he still retains his old ranch in this vicinity. On October 31, 1911, Mr. Mulhern or- ganized the Fort Davis State Bank and has been its president to this time. The Fort Davis State Bank is one of the strong younger institutions of West Texas, does a general banking business, and deals in foreign and domestic exchange and the other branches of bank- ing. The bank has recently been moved into new and larger quarters, a building designed and erected for its exclusive use.

In its varied service and in its material acquisitions, the career of Mr. Mulhern has been one of unusual ac- complishments. Equally noteworthy was his long and happy married life. It is given to few men to enjoy so rarely felicitous a companionship as that which existed between Mr. and Mrs. Mulhern for a period of more than half a century. At St. Louis, Missouri, on September 20, 1860, he married Mis Eva Phifer, who was formerly from Switzerland. In 1910 they celebrated their golden wedding anniversary, and their companion- ship continued on until March 27, 1912, when Mrs. Mul- hern passed away at the age of seventy-seven. Her re- mains now rest in the cemetery at Fort Davis. She was long connected with the Presbyterian church. Of their eight children, three daughters and five sons, five are now deceased, and the three others are as follows: John L., who is married and lives in Arizona; Robert D., now married and a resident of New Mexico, and Louisa Eve- lina, the wife of James I. Edward of Fort Davis. Mr. Mulhern favors and supports all churches, but has affil- iated with no particular denomination. He is a prominent Mason, having taken thirty-two degrees of the Scottish Rite, and belongs to the Blue Lodge and the Knights Templar Commandery of the York Rite, and also the Mystic Shrine. He has taken all the degrees in Odd Fellowship. Mr. Mulhern is a member of the Grand Army of the Republic, belongs to the Fort Davis Commercial Club and is a Republican, though not ac- tive in party affairs. For several years be served as county commissioner of Jeff Davis county. Mr. Mul- hern finds much of his recreation in driving about the

1825

TEXAS AND TEXANS

hills and valleys in this section of the state, and by reason of his long residence is probably as familiar with the resources of Jeff Davis county as any other resident. He is an active advocate of every movement and enter- prise for the improvement and advancement of his home community, and by reason of this public spirit, as also for his long and eventful career, no citizen of the county enjoys more respect and more true admiration than Charles Mulhern.

JUDGE JACOB P. WEATHERBY. For more than twenty years a resident of Fort Davis, Judge Weatherby early became identified with the public life of this section and his recognized ability as a business man and his fidelity to the public welfare won him election to the office of county judge. As county judge he is also ex-officio superintendent of the public schools of Jeff Davis county. The responsibilities of these two offices are sufficiently great to require the best abilities possessed by any man, and it has been true of Judge Weatherby, as his long continuance in office will testify, that he has administered his trust with excellent efficiency and for the welfare of the county and its citizens. In addition to his official career, Judge Weatherby is prominent in local business affairs, and is executive head of the Union Trading Company, and has various other holdings and interests in this vicinity.

Jacob P. Weatherby was born in Bexar county, Texas, April 17, 1859. His father was William A. Weatherby, a native of New York state, who came to Texas as a young man and followed the stock business in this state, and was also active in political affairs. He died in 1893 at the age of sixty-four. The maiden name of his wife was Emily Huffstutler, who was born in Louisiana, and they were married in Texas. She was a devout member of the Christian church, and her death occurred in 1896 at the age of sixty-one. Of the nine children in the family, Jacob was the third.

His early education was attained in the public schools of this state, and as his father was in the stock busi- ness in central Texas, he had his occupation cut out for him from the beginning, and from boyhood was trained in the various activities of stock raising. He remained with his father until he was thirty-three years of age, and then came out to Fort Davis, where he spent a year or so in the stock industry. In 1894 he was elected to his first term as county judge, and by repeated elec- tions has held this office without a break from that time to the present. In 1908 Judge Weatherby took a prominent part in the organization of the Union Trading Company, and has been its active head ever since, being secretary treasurer and general manager of this con- cern, which is one of the largest mercantile organiza- tions in Jeff Davis county. The company have a large store in Fort Davis and carries a full line of general merchandise, divided into several departments, and does both a wholesale and a retail business. The business furnishes employment to a number of persons.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

A history of Texas and Texans, Part 71

Author: Johnson, Francis White, 1799-1884; Barker, Eugene Campbell, 1874-1956, ed; Winkler, Ernest William, 1875-1960 Publication date: 1914 Publisher: Chicago, American Historical Society Number of Pages: 906

Author: Johnson, Francis White, 1799-1884; Barker, Eugene Campbell, 1874-1956, ed; Winkler, Ernest William, 1875-1960
Publication date: 1914
Publisher: Chicago, American Historical Society
Number of Pages: 906