USA > Texas > Johnson County > A memorial and biographical history of Johnson and Hill counties, Texas : containing the early history of this important section of the great state of Texas together with glimpses of its future prospects; also biographical mention of many of the pioneers and prominent citizens of the present time, and full-page portraits of some of the most eminent men of this section > Part 11
USA > Texas > Hill County > A memorial and biographical history of Johnson and Hill counties, Texas : containing the early history of this important section of the great state of Texas together with glimpses of its future prospects; also biographical mention of many of the pioneers and prominent citizens of the present time, and full-page portraits of some of the most eminent men of this section > Part 11
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44
Colonel Chambers has been married three times: first, in Limestone county, Texas, in 1852, he was united to Miss Susan Wood, a daughter of J. B. Wood, a native of Missis- sippi; she was born in that State, and died in Springfield, Limestone county, within a year
of her marriage, leaving no child. In 1854 the Colonel married Miss Emma Montgomery, a native of Tennessee, whose parents emigrated to Texas in 1818; this lady also died shortly after marriage, leaving one child, which died soon, in infancy. In Johnson county in 1861, Colonel Chambers married Harriet A. Kil- longh, a daughter of Isaac Killough, who was a native of Tennessee; the mother was born in the same State; by this marriage there have been three children: Mary, the wife of William Poindexter, attorney at law, of Cle- burne, of whom an extended notice will be found elsewhere in this volume; Pat Cle- burne, assistant cashier of the First National Bank of Cleburne; and Isabella, residing with her parents. The Colonel is a member of the Masonie fraternity, belonging to the blue lodge, the chapter and commandry; he is also a member of the Christian Church.
THE PUBLIC RECORDS.
Johnson county has been fortunate in pre- serving all her public records from loss by fire or otherwise, for most counties have in some way, especially by fire, lost more or less of their records.
Decembor 17, 1857, the Legislature au- thorized and required the elerk of the county eonrt of Johnson county to transcribe into a well-bound book, to be provided by said county court for that purpose, " Record Book A," and " Records of Deeds, Bonds," etc., etc., of Johnson county; and enacted that when said records shall have been so transcribed, and examined and approved by said county court, they shall have all the
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force and effect in law and equity that the originals might or could have, and all copies taken from them shall be as valid and have the same grade of evidence as if taken from the originals.
PROBATE COURT.
The first minutes of the probate record will be interesting, and we therefore quote the first page or two, with a substantial report of succeeding pages. The record opens thus: " At a Probate Court began and held at Alvarado this 28th day of August, 1854, at John Waddell's counting-room (there being no courthouse), present the presiding, the Honorable David Mitchell, Chief Justice; J. Easterwood, Clerk of the Court. Called by A. Il. Oustott, Sheriff.
" Now, on this day F. L. Kirtley and Elizabeth Robinson filed their petition pray- ing for letters of administration on the es- tate of James M. Robinson, deceased. Or- dered by the court that the Clerk put up the advertisements required by law, notifying all persons interested in said estate to show cause, if any, why letters should not be granted.
" Ordered that the Court adjourn until court in course. David Mitchell, Chief Jus- tice J. C."
September 25, after a paragraph like the above, opening the session, the record pro- ceeds;
" Now, on this day, came F. L. Kirtley and Elizabeth A. Robertson [. Robinson' of the preceding session ] and applied for letters of administration on the estate of James M. Robertson, deceased, who, after making the
necessary affidavit, giving bond for $2,500, were appointed, and letters granted.
"Ordered by the Court that John Fox, Radford Ellis and Simpson Oadham [else- where spelled Odom, Odem, ete. ] be and they are hereby appointed appraisers to appraise the estate of James M. Robinson, deceased, and that they proceed to appraise said estate on Thursday, the 5th day of October next, at the late residence of the deceased.
"Ordered that Court adjourn until court in course. David Mitchell, Chief Justice Ct."
October 30, 1854: " On this day person- ally appeared George Parsons before David Mitchell, Chief Justice of Johnson county, praying for an inquiry to be had over Nancy Murry, reported incapable of taking [ charge of] or maintaining herself; wherenpon the following named persons were summoned by the Sheriff, to wit: F. L. Kirtley, as foreman; C. Billingsley, R. M. Billingsley, James Bil- lingsley, J. R. Billingsley, William Balch, Joseph Farber, J. D. James, John Roberson, William Roberson, W. J. Wright and E. B. Ray,-whereupon, being sworn and hearing the evidence, after retiring they returned, giving the following verdiet: . That she was not of sound mind.' It was then ordered by the Court that George Parsons advertise that Naney Murry be let to the lowest bidder for the maintenance at the next regular term of the Probate Court.
" It was ordered also by the Court that Frances E. Murry appear at the next regular of the Probate Court and choose her own guardian: ordered also that a guardian be ap-
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pointed at the next regular term of Probate Conrt for Jeremiah T. Murry, and that the County Clerk give the legal notices.
" Verdict of the above named jury: . We, the jury, find from the testimony given, that Nancy Murry is not competent to support herself, and attend to her own business, or to choose her own guardian. F. L. Kirtley, Foreman.' Ordered by the Court that George Parsons be and he is hereby appointed guar- dian of Naney Murry; whereupon he took and subscribed the following oath." The oath is of record.
July 30, 1855, the Court " ordered that John W. O'Neal be fined 810 for contempt of the Court, in depriving the Court the privilege of holding its regular term by es- tablishing a grocery in the courthouse!" During the next month Mr. O'Neal peti- tioned the Court to omit the fine, but in vain. The records do not show whether John ever paid that little bill; and indeed, it is not known whether or not the word " courthouse" was inserted in the above record for the pur- pose of amusement.
COUNTY COURT.
From Book A of the record of the County Court we glean the following facts:
Angust 21, 1854, the County Court was called for the second time, at the house of one Edward Cox, there being no county seat, when the following officers answered to their names: David Mitchell, presiding Justice; C. Billingsley, W. O'Neal, A. D. Kennard, county Commissioners; J. Easterwood, county Clerk, and A. H. Onstott, Sheriff. This
meeting was held under a post-oak tree, on the premises of Mr. Cox, in the southern edge of what is now Cleburne. It was or- dered that the credentials of E. M. Heath, appointed special Commissioner by the Chief Justice of Ellis county to open elections for Johnson county and to receive and open, give a certificate [ to] and qualify the Chief Justice eleet, [which shall be] recorded and filed, the samo being approved by the court. This duty he immediately proceeded to execute.
In addition to the officers above named, there were F. L. Kirtley, Assessor; J. II. Waddle [spelled "Waddell" elsewhere], Dis- trict Clerk; E. M. Heath, Justice of the Peace for Precinct No. 1; F. L. Kirtley, Jus- tiee of P'recinet No. 2; and W. O. Menifee, or Menefee, Justice of Precinct No. 3; and W. L. Combes, Constable of Precinet No. 1.
The boundaries of each precinct were de- fined and presiding officers of the same were appointed as follows: W. Balch, No. 1; F. L. Kirtley, No. 2; W. O'Neal, No. 3; S. B. Kirkham, No. 4; and Charles Barnard, No. 5. Subsequently it was ordered that Pre- cinct No. 5 be discontinued and attached to Precincts No. 3 and 4; and the county was also divided into school districts, numbering ten in all.
Court adjourned Tuesday, August 22, and met again in special term at Alvarado, An- gust 28, 1854, " at John Waddle's countir g- 100in." At this term the Chief Justice was allowed fifty cents for all bonds taken and in- eluding oaths extra of certificates; and the county Clerk was allowed fifty eents each for recording the same, and fifty cents for record-
AND HILL COUNTIES.
ing each certificate and oath. Court then adjourned until " court in course." Signed, David Mitchell, C. J.
The next term of the court, November 20, 1954, was held at Alvarado, in Waddle's counting-room, when a contract was anthor- izel with the lowest bidder for the mainten- ance of Nancy Marry, non compos mentis. At this term also the court made allowance to .A. II. Oustott, Sheriff of Johnson county, of $10 for the preceding quarter, and J. Esterwood 85 for his services during the same time.
In February, 1855, the next term of the county court was held at the house of F. J. Blythe, " there being no courthouse." The election returns were examined and the fol- lowing gentlemen were declared duly elected school trustees: David Mitchell, A. Futhey, Henry Jones, A. M. Wilson, Smith J. Per- Kins, E. L. Mitchell and George Mitchell. A public road was ordered to be viewed ont be- tween Wardville and Milford in Ellis county ; also roads to Fort Graham and Alvarado. It was ordered that B. F. Hawkins, County Clerk of Ellis county, be allowed 82 for his wer, iers in making out a certified copy of the tax list for this (Johnson) county. It was also ordered that a levy of half the amount of State tax be made on all taxable property for county purposes, and a poll tax of twenty- five cents, also for county purposes. The case of Nancy Murry was again let to the low- est bidder. The Chief Justice was allowed at this term 87.50 for his services the past quarter. It seems that this ease had some features recognizable by this court, and some
by the probate court. The court also " made arrangements" to build a temporary court- honse, sixteen feet square. It is said that by the word " arrangements" it was understood that a contract or trade was made on a eredit basis, almost any product being receivable in payment instead of cash, which was searee in those days. William O'Neal was awarded a contract for the building of this courthouse, and he agreed to receive pay therefor in town lots situated in Wardville. It was a log cabin, fourteen feet square, covered with elap- boards, which were weighted down with poles. It had no floor, only one door and a window. The logs were so crooked that as Major Heath says, one could easily throw a horse-collar be- tween them and never strike top or bottom.
The next term of court was held March 26, 1855, but it is not stated where. At this term the bond of David Pierce, Sheriff, was received and filed, and he was installed in office; and E. M. Heath was appointed by the court Assessor and Collector to fill the vacancy caused by the resignation of F. L. Kirtley; and Nancy Murry was again " let ont to the lowest bidder, and David Mitchell "took her up" at the rate of $2 per week, until further " arrangements" eonld be made; afterward, at the same term of court, her case came up again, and William Balch was allowed $25 for keeping her. A Mr. Evans was allowed $15 for her benefit, and a Mrs. Parsons 82.
The first sale of town lots in Wardville oe- curred April 26, 1855, and they brought from $10 to $100 each, the sales ag- gregating $2,340. The county of Johnson
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HISTORY OF JOHNSON
was the seller of this property. Among the purchasers were A. D. Kennard, J. M. EI- liott, James L. Blythe, John W. O'Neal, W. II. S. Verstille, W. S. Suggs, W. R. Shan- non, T. D. Lorance and several others.
At the August (1855) term David Myers was allowed $55 for keeping of Naney Murry; E. M. Heath, 85 for writing ont thirty certiffeates of the sale of town lots for Wardville; Charles O'Neal, 85 for crying off the lots.
At the May (1856) term it was ordered that a suitable desk and table be purchased for the use of the county clerk's office. James Torbett's name appears in the minutes of this session as deputy clerk.
The first term of the county court hell at the new town of Buchanan was begun on February 16, 1857. Present, Henry Trim- ble, Chief Justice, and Commissioners, C. Billingsley, J. R. MeKinsey, and James Plemmons. Court was called by C. Coulson, Sheriff. James Il. Torbett was appointed especial commissioner to make titles to town lots situated in Buchanan; and C. C. Alex- ander was appointed to transcribe the rec- ords necessary to entitle Johnson county to a separate land distriet.
May 30, 1857, we find that Nancy Murry was bid off by Sarah Parsons, who agreed to keep her twelve months for $150, good and lawful money,-not "arrangements." At this date G. R. Shannon was Chief Justice of the connty.
At the February (1858) term it was ordered that a box house sixteen feet square be erected for the use of the district clerk's
office. J. K. Haggerty was the first person adjudged a lunatie in the county.
The first county jail was erected in the town of Buchanan, in 1858, at a cost of $795. This and the "box house" just referred to may be considered the first two county build- ings in Johnson.
At the February (1859) term Robert Wif- fin, a foreigner, came before the court and upon oath declared his intention to be a nat- uralized citizen of the United States, being the first ease of the kind on record in John- son county.
In September, 1859, the county court or- dered distributed for public school purposes the smin of $678.97, each scholar being al- lowed the benefit of seven and a half cents per day while attending school.
At this term Naney Murry was finally set adrift to forage for herself, the county court having revoked all former orders for her. maintenance! Concerning Ler history in connection with the county Mr. A. J. Byrd humorously remarked: "Now, if the said Nancy was a proper subject for county con- sideration, why in that case the money ex- pended upon her was a wise investment; but if Naney was playing off on the county, then in that event she had a royal good time for five years at the expense of the county!"
In 1860 the county court ordered that a courthouse be ereeted, two stories in height, and be built of wood. Also, that an artesian well be bored in the town of Buchanan. J. J. Ligon, Chief Justice, dissenting from this view of the commissioners, told them that they had no authority to expend the county
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funds for any such purpose, etc., and the pro- posed enterprise was never executed.
At a called term of the county court in the month of June, 1861, Ilon. J. J. Ligon, Presid- ing Justice, was present, and also the Commis- sioners, II. G. Bruce, Matthew Graham, A. J. Frizzell and Moses Barnes. This meeting was a slim one, as grim-visaged war began to appear like a terrible thunder-cloud in the horizon. Accordingly the county court or- dered that a special election be held in order to determine whether to submit to a tax levy for providing arms and ammunition for the common defense. It does not appear from the record whether the tax was ordered by the popular vote or not; but it probably was, as soon afterward a company of troops was organized as the "Johnson County Cavalry," with W. J. O'Neal as Captain; Thomas laley, First Lieutenant; Silas A. Carpenter, Second Lieutenant; and James Ileiner, Third Lieutenant. The non-commissioned officers were E. M. Heath, Thomas L. Wren, George S. Hall, William L. Siegler, James Il. Kil- lough, William O. Menefee, A. D. Anderson and George W. Ilouse. Dr. T. D. Lorance was employed as Surgeon. The privates were John W. Berry, W. P. Austin, James B. Dunn, Lewis B. Trezevant, Jacob II. Rey- nolds, Ben Barnes, William R. Shannon, Matthew Graham, William E. Kennard, George M. Pierce, Sam B., William A., A. W., J. Il., and Alexander Killough, George W. Stephens, M. W. Clark, William Jones, W. T. De Jarnette, Burwell Cox, J. B. Marchbanks, John Haley, Thomas J. Nivison, John Stephens, Jr., William E. His, Alonzo
W. King, James M. Howell, Daniel MeAnier and Isaac Blanton.
The Rock Creek Guards was the next com- pany organized, which was under the com- mand of Captain W. R. Shannon, followed in quick succession by the Alvarado Cavalry, with J. 11. Dunn as Captain; the Stoel:ton Cavalry, commanded by Captain John A. Formwalt; and the Grand View Cavalry, commanded by Captain J. S. Morrow.
These troops were organized into a battal- ion of "home guards," but active hostilities between the North and the South soon put an end to the "home" features of the organiza- tion, and most of the brave men soon found their way to the front in advance of the whole South, as valorous as any company of soldiers in the army. Of course many of these never again saw the scenes of their be- loved homes.
DISTRICT COURT.
From Book A of the District Court record the following interesting items are taken:
The first term was held at old Wardville, which town was the capital of the county at the time, and was appointed by proclamation in accordance with the act of the Legislature which perscribed the time when the semi-an- nual term should be held. On the 9th day of June, 1856, court was declared open for business by Stephen S. Edney, Sheriff. The presiding Judge was Hon. Nat. M. Burford, of the Sixteenth Judicial Distriet. John C. MeCoy of Dallas was at the time District At- torney, and C. C. Alexander the District Clerk.
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HISTORY OF JOHNSON
At this term of the court the following named persons were July sworn, and served on the lirst grand jury ever impaneled in Johnson county: James D. Jones, foreman, James N. Evans, Absalom Lott, Elijah Gra- ham, William Boatright, Isham II. Harris, John M. McMillan, Keelin Williams, Moses Barnes, George Chandler, Levi Boatright, David R. Jackson, William S. O'Neal, O. P. Ilutcheson and John C. Barnes.
Petit jury No. 1 comprised Ilenry Sikes, J. R. Watson, Calvert Jones, Jolm Ilunter. John F. Lavare, Samuel Myers, Ilenry Boatright, D. D. Dyer, Z. Combes, A. C. Iloyle and Joseph Farbnr.
The first civil eanse considered at this term was the case of W. T. Wise versus W. L. Combes and D. Mitchell, a suit for damages of some sort not stated. The case was eon- tinued.
The first ease tried was an action for debt, in which E. Baxter and brother were plain- tiffs, and James II. Torbett defendant. The ease was decided in favor of the plaintiffs.
The sittings of the grand jury were brief but exceedingly active, for the record shows that they were discharged June 11, having been on duty only two days. Their findings were as follows: Abram Kell, indieted for murder; Seott Kell, murder; C. W. Sansom, murder; F. L. Kirtley and Parmelia Robin- son, adultery; James Farris, assault and bat- tery; Andrew J. Miller, assault and battery; Abram Kell, assault and battery; Scott Kell, assault and battery; C. W. Sansom, as- sault and battery; Robert Henry Dyer, as- sanlt and battery; William Balch, perjury;
David Myers, perjury; Henry Dyer and Sam Goodloe, gaming.
The grand jurors were paid for their ser- viees at the rate of $2.25 per diem, and the petit jurors were allowed $1.50 per day.
This conrt was in session only three days. The legal men in attendance were Captain J. E. Hawkins of Ellis county and Colonel Amzi Bradshaw, both eminent lawyers and both of infinitely good humor, as Judge Nat. M. Bur- ford says. They often would perpetrate a little practical joke on some unsuspecting wight. Mr. Byrd, in his History of John- son County, relates the following anecdotes concerning these gentlemen:
When they were on their way from Ellis county to Wardville, then the county seat of Johnson county, they came, just before ar- riving at their destination, to the east bank of Noland's river late at night, which was pitch dark. Hawkins had never been in this section before, and Bradshaw told him that he must make preparation for swimming the stream, as possibly it would be too deep somewhere in the channel for fording. With- ont taking the trouble necessary to investi- gate the situation, Captain Hawkins dis- mounted and stripped himself for the passage of the "deep and rapid stream." Tying his bundle of clothing about his neck and shoul- ders, he remounted his steed bold and upright in his saddle. In the meantime Colonel Brad- shaw was taking the lead down into the dark- ness below the river bank, and lustily ealling to Hawkins to come along. The latter fol- lowed cautiously down the bank and aeross the bed of the river, which was as dry as a
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bone, to find "Brad" rolling on the grass ex- ploding with langhter.
On another occasion, when the district court was in session, and when the weather was very cold, it is told that Judge Burford had a difficulty in keeping himself warm while occupying the bench. The court was being held in an old rickety, box house, and the "bluo norther" that was blowing at the time entered the building unrestrained at every hole and erevice. Thus situated, Judge Burford sent out Keelin Williams, who was waiting on the court as bailiff, to ent some fuel and renew the fire. The in- tensity of the cold put a temporary stop to all proceedings at the bar and the Judge had fallen into a doze, when uncle Keelin re-en- tered the temple of justice hurriedly, calling to the Judge to "wake up and get out of this old barn, for it is all ablaze and will soon burn to the ground." The Judge drowsily opened his eyes at this sound and taking in the situation and his own feelings told uncle Keelin to "let her burn, and may be we will all be warmed up." Old Keelin responded promptly with, "as good as wheat, Judge; she burns."
At the first district court held at Cleburne llon. A. B. Norton was the presiding judge, and E. M. Ileath sheriff. The court was held in a one-story frame building that had been moved from Buchanan, and afterward used as a grocery store by Poole & Brother.
COURTHOUSES.
The first courthouses for Johnson conuty have just been described. The first in Cle-
burne is noticed in our account of the be- ginnings of this city. The second here was a brick structure where the present court- house now is, and this served until 1883. The present beautiful and magnificent struet- ure was built in 1881-'82, the contraet price being 838,685; the furniture, etc., including bell, cost about $4,000; other improvements, about $7,000 more. The arrangement, the architecture, the finish, ete., of this imposing structure are all of the most modern style. The county clerk's office is fire-proof.
The bell, connected with clock work, an- nounees the hours. It is said that some of the lads don't like it, as the following inci- dent will illustrate: Johnny comes home late at night and endeavors to slip quietly to bed without awakening any one; but his sis- ter in a distant room is awakened, and speaks ont, "Jolinny, is that you?" " Ya-as." " Well, what time o' night is it?" "O, I dunno; a little past ten, I reckon." But before he is fairly in bed that courthouse bell goes, "Whang! whang! whang-ng!" and stops at that, announcing it to be three o'clock !
THE PRESENT JAIL
was erected in 1875. It is 24 x 32 feet in dimensions, and two stories high. The first story, brick and stone, is thirteen feet high, and the second story ten feet high.
THE COUNTY POOR FARM,
six miles southwest of Cleburne, consists of 144 acres of the finest valley and timber land in the famous Noland valley. On it are 100 aeres of timber,-pecan, oak and chin trees,
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and the river traver-ing the premises afford opportunity for good fishing and boating. The buildings are all good, consisting of a commodious residenee for the overseer, two houses for poor persons, a well-arranged hos- pital, a cook-house and dining-room, a small jail, an implement house, barn, etc. Rather more than half of the place is under enltiva- tion, and there are grapevines and other small fruits, all in good condition. The premises about the house are beantifully laid out in walks, ete.
Persons convicted of minor offenses against the law are sent here to serve ont their term. The farm is said to net the county a neat sum each year after all expenses have been paid. C. C. Barnes is the present efficient overseer.
POLITICAL ..
The best method of showing the sentiment of the people on the publie issues of the day as presented from time to time, is a tabular exhibition of the election returns; but in doing this it is not necessary to include every minor office. However, for the purpose of loeal reference it is well to present the names of the candidates for all the elective county offices and the vote they respectively drew.
As to political parties, we may note that the Republican party has never been numeri- eally strong enough to make it an object to place a full local ticket in the field, except perhaps during the reconstruction period after the war, when all the Confederates and their sympathizers were disfranchised by the government in power. During that period E. J. Davis was appointed by the Federal
Government provisional Governor. The Re- publican party has always had in the field a Presidential electoral ticket and a State ticket.
The Greenback element has been much stronger, but have not run a full county ticket in Johnson county. The Prohibition- ists have from time to time ehosen some ean- didates from the tickets of the other parties; and the late Alliance and sub-treasury par- ties have undoubtedly influenced nominations and elections to some extent, although their power at present seems not so great as a few years ago.
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