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 13
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 13
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F. C. Beckett, in partnership with Mr. Clack for a time, was not here long enough to make an impression.
Amzi Bradshaw, although a resident of Waxahachie, practiced a great deal before the Johnson county bar, and also took a promi- nent part in the politics of the distriet, which included this county. Not highly educated, frontier in style and somewhat eccentric, he was yet a strong man and intellectual, having many of the elements of true manhood, and was very popular. lle was not married until late in life and he finally died of paralysis, in 1582.
D. T. Bledsoe was a very prominent law- yer here during the '70s, in partnership with
James N. English for a time. W. S. and Benjamin F. Bledsoe came to Alvarado in 1867, and to Cleburne in 1869. After the death of Benjamin F. Bledsoe, D. T. and W. S. formed a partnership, which continued for several years. W. S. died, and D. T. is now living at Abilene, Taylor county, Texas, where he is engaged in the practice of law with K. K. Leggett, a former resident of Johnson county; the firm name is Bledsoe & Leggett, and they have a large and profitable practice.
R. II. Beall practiced in Cleburne two or three years, in partnership with Plummer & Clack, and then removed to northwestern Texas, engaging in mercantile busines. lle is probably a resident of Fort Worth at preset.
James W. Brown first established himself here in 1866, at Buchanan, having read law with Judge Ferris in Waxahachie. Hle was a typical, low-country South-Carolinian, came from Charleston, that State, was regarded as a very fine lawyer, and had considerable prac- tice, although he never took much interest in criminal law. lle stood high as a man, had various business connections from time to time, being first a member of the firm of Fer- ris & Brown, then Brown & (Jack) Davis ,
Chambers & Brown (in exchange and banking business), Brown & (J. M.) Hall, Brown, HIall & Ramsey, Brown, Ramsey & Crane and Brown & Fisher. About 1885 he moved to Dallas, where he is said to be doing well. Ilere he was the first county attorney under the first county-attorney law. Ile and II. II. Hemphill were the first lawyers to locate at Cleburne, then the new county seat.
HISTORY VON IOHENNES
1. W. DeBerry, contin of Kentucky, and remained here in Cleburne in the oble to, Pinola i anty. this Site. where he , practice of the law and in various other connection, until 1955. when he moved to Sweetwater, this State, where he now lives. He is a gentleman of high character and scholarship and a good lawyer, and is now said to be prosperous.
wie le. .. . I to practio: how. wa- Secretary of State during the administration of Governor Coke, who was succeeded by R. B. Hubbard as Governor, and then DeBerry resigned and came to Cleburne to practice law in 1876; practiced here for several years, a portion of the time in partnership with Tilhnan Smith, and then went to Fort Worth, and thence to Cisco, and finally to Aransas pass, where he is supposed to be now. Ile was a gentleman of plain manners, a good lawyer and an ex- cellent man, universally respected by the beneh and bar. Ex-Governor Wheeler, who at one time time had the largest judicial dis- trict in the United States, is his son-in-law.
Tillman Smith, a North-Carolinian, just referred to in partnership with A. W. De- Berry, came to this county the same year, 1876, with his partner. He was licensed to practice law in Hillsboro, Texas, settled in Navasota, Grimes county, by which county he was elected to the lower house of the Legislature; later he was elected to the Senate, which position he resigned to come to Cleburne. In 1891 he went to Fort Worth and formed a partnership with Fields & West: the firm is now Fields, West & Smith. Mr. Smith is a good lawyer.
A. A. Clark was in Johnson county but a short time, leaving here perhaps in 1878 and going to Albany, Shackelford county, Texas, where he still resides and is doing well in his practice. He is a fine gentleman.
Frank A. Fisher, a native of Illinois, came from Ottawa, that State, to Texas, in 1878,
II. H. Hardin was a young man from east- ern Texas, practiced here a short time and moved West, where he is now teaching school.
E. F. Yeager, who was a member of the bar of Johnson county, after having tanght school a number of years, filling the chair of Greek and Latin in two or three institutions, settled at Alvarado, and afterward entered into the newspaper business at Waxahachie, in 1880, where he was quite successful until 1888, when he died.
J. S. Clayton, who was a member of the Johnson county bar about 1879, was from Tupelo, Missisisppi, and is now engaged as a merchant in Cleburne.
J. II. Cannon, another law practitioner in Cleburne, from eastern Texas, was in part- pership here with Wynne, and Griffin & Hall, and has moved away.
P. W. Wynne, just referred to, is said to be dead.
Thomas J. Wyatt and R. R. Hemphill were praetieing in partnership here in 1869. The latter returned to South Carolina, entered the newspaper business and was finally eleeted to Congress from that State. Mr. Wyatt was afterward in partnership with G. Il. Maxey, and now lives in Decatur, this State, where he has been Mayor. Ile is a good judge of law.
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llendrieks & Hendricks were practicing together in Cleburne in the early '70s. The eller Hendricks, who was regarded as the best land lawyer in the district, died here, and the younger died at Fort Worth.
J. C. Rushing, practicing here about the same time, was for a while considered the best lawyer in the county, but he neglected his studies, fell behind the times and finally went down in his profession; but he bought a large tract of land in Los Angeles county, California, on credit, and sold it out in small tracts at a great advance in price, thus acen- mulating great wealth. Ile was living there when last heard from.
James Hiner, who practiced law in Cle- burne, was county judge two or three terms; was also a local preacher in the Methodist Episcopal Church. He moved to Granbury when it was struck off from Johnson county, and was the county clerk there when he died, summe years ago. The period of his residence here was about 1870.
W. Il. Griffin was here in the early '70s, afterward went to Austin, and probably still further West.
W. F. George and B. D. Simpson have also been Cleburne lawyers.
THE PRESENT BAR OF JOHNSON COUNTY.
The attorneys at law now practicing in Johnson county are: M. M. Crane & W. F. Ramsey; W. Poindexter & S. C. Padelford; C. V. Myers & W. D. MeKoy; J. N. English & W. J. Ewing; J. A. Stanford & B. Clark; J. M. Hall, Jr., George D. Green, O. T. Phummer, L. B. Davis, A. J. Clendennen, A.
P. Taylor, W. B. Featherston, M. A. Oatis, 11. P. Brown, J. F. Henry, William II. Bled- soe, P. B. Ward and C. Y. Kouns,-all in Cleburne; I. A. Patton and Andrew King in Alvarado; and Hiram C. Gardner in Grand View. No attorney's name is intentionally omitted. Sketches of many of these are given in the biographical department of this volume.
Greenberry II. Maxey, who had the earliest law license in this county (dated February 22, 1845, at Glasgow, Kentucky), although retired from legal practice, may yet be con- sidered a member of the Johnson county bar. This most honored resident and one of the most efficient up-builders of the community during the prime of his life, was born in Tompkinsville, Monroe county, Kentucky, August 22, 1822, the son of Edward and Jane Maxey,-his father of Virginia stock and his mother a native of Tennessee, of Irish an- cestry on her mother's side. These parents were striking examples of chivalry and noble deeds.
As he grew up young Maxey was employed on a farm and in learning the cabinet-maker's trade. At the age of twenty-two he entered the law school at Glasgow, Kentucky, where he graduated at the date of his license al- ready mentioned. The same year he moved to La Fayette, Tennessee, where he lived thir- teon months, practicing law, when he volun- teered in the Mexican war, in Colonel Camp- bell's First Tennessee Regiment, which body of men acquitted themselves as nobly as any regiment in the world. At the close of the war he located at Dardanelle, Arkansas, and
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followed cabinet-making for a year and legal practice two years longer.
Then, in 1852, he went to California, where he followed mining the first winter, and after that engaged in carpentering and in selling goods. llis career in California was attended with fair success, excepting that he lost a great deal of money by bad eredits. Leaving that State at San Francisco, December 1, 1854, he returned to his old home in Ken- tucky, where he was married, in February, 1855. In September of that year he came to Johnson county, locating two and a half miles north of Buchanan, intending to follow farm- ing, but was almost immediately elected county elerk, when he moved to Buchanan, then the county seat; meanwhile he worked some at carpentering. In August, 1862, he was ro-elected county elerk and again re- elected in 1864, but the next year he was "re-constructed" out by Jack Hamilton. The very next year, however, he was restored to that office by the people for four years; and this time he continued to hold it until 1868, when General Reynolds, the military Governor, "re-constructed" him out again, causing him to be succeeded by Peter W. Wynno.
In 1573 Major Maxey was elected dis- triet elerk, which office he continued to fill until April, 1876, when the offices were di- vided by a change in the constitution of the State, and he was again elected county clerk for a two-year term. Since that time he has held no office, excepting that of notary pub- lic, but he resumed the practice of law for a. time.
llo has been initiated into the three main branches of Freemasonry.
At the date mentioned he married Eliza- beth Walker, daughter of William C. Walker, of Tennessee, and she is still living, young- looking, hale and hearty. They have no children, but brought up a nephew of Mrs. Maxey, named Greenberry M. Walker, who was killed on the railroad November 5, 1882.
ANECDOTE.
The following little anecdote may be in place here: In July, 1878, in the case of the State versus Reynolds and Quillan, the county attorney offered in evidence a postal eard to prove the ownership of certain horses alleged to have been stolen by the defendants. The owner's name being Dutch, and the letters in the name on the card being arranged dif- ferently from the same as written in the in- dietment, the counsel for the defense objected on the ground that the former name was not idem sonans with the one in the indictment. The judge remarked that he would like to know the sonans,-that these Dutch names were to him unpronounceable. The prose- euting attorney declared that they were to hini " unspellable," and the objceting attor- ney stood mute. The Chronicle romarked on this, " No tribunal outside of Fatherland ean ever adjudicate this question."
THIE PRINCIPAL CRIMES.
In giving a brief account of the most in- terosting events in the history of erime in Johnson county, no reflection is east upon the morals of the community, as they are in fact
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better than the average. Only one man com- mitting crime within the boundaries of this county has been legally convicted of murder in the first degree, and exceuted, namely, Samuel 11. Myers, an account of whom is given a little further along.
ROBBERY OF MAJORS HEATH AND CATHY.
The following eireumstanee is so noted that we must give of it at least a brief sketch. January 20, 1868, Major E. M. Heath, while sheriff and deputy assessor and collector of Johnson county, was on his way to Anstin, in company with Major Cathy, ex-collector, and they were robbed nine miles beyond Hills- boro, the former of 82,800, State money, and the latter of $1,000, private funds. Four highwaymen on horseback did the nefarious job, and safely got away. Majors Heath and Cathy at first saw several men ahead of them, seemingly cross the road. As they had noticed a herd of cattle not far away, they supposed that the horsemen ahead of them were drovers. They traveled two miles before overtaking them, and as they came up with them they observed that there were four of those mysterious men in munber, masked with black cloth. One of them shot at Major lleath when within twenty feet of him, and did not miss him very far. One of the others presented his pistol against the body of Major Cathy and ordered him to surrender. The highwaymen then blindfolded the travelers, led them off separately 300 yards, to a thicket, and robbed of them of all their State money, not toneling their individual property, ex- cepting the $1,000 of Major Cathy's money.
They were then led back to the road separ- ately, still blindfolded, and placed on their horses. Major Heath was turned toward Waco, and asked if he could " unblindfold " himself, to which he replied affirmatively; and he was ordered not to look back, at the peril of his life, and to travel slowly in the direction of Waco, -- so that he could not get back to Ilillsboro before night; and that if he attempted to return sooner he would be killed. Obeying the injunction he travelod till he came to the third house, about four miles ahead, before he found a man, when, collecting a party of four, he returned to the spot where the crime had been committed; but of course the robbers were gone.
Major Heath supposed that Major Cathy was killed and made search for him; but on reaching Hillsboro he found him there.
THE SEQUEL.
But the above is not the end of the story. From the Chronicle of April 10, 1869, we quote the following account of the sequel, which is tar more exciting:
" Ben Biekerstaff, formerly of Titus county, whose name has become familiar from one end of the State to the other as a desperado, negro and Federal slayer, and who produced terror wherever he went, and Jo Thompson, were killed at Alvarado by the citizens April 5, just past. The particulars, which we re- ceived from an eye-witness, were these: Bick- erstaff made his appearance in this county some time in December or January, making his home here and committing sundry depre- dations. It was charged upon him that he
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was guilty of the robbery of E. M. Ileath, the deputy tax assessor and collector of this county; of robbing negroes and interrupting the farming interest by running negroes off' the farms where they had been employed; of threatening the lives of some of our best citizens, such as Major Purdom, Colonel loyl and Rev. Mr. Powell, of Alvarado and its vicinity, for opposing his course and re- monstrating with him; of threatening the grand jury at the late session of the court if they attempted to find a true bill against him; and finally of so terrifying judge, solicitor and court as to cause its suspension at the end of the first week.
" The citizens of the county determined that they would not sulunit to this state of affairs and settled upon the plan of procuring from the judge a bench warrant and appre- hending him; but this the judge was afraid to grant. Being thwarted in this, the citi- zens in the vicinity of Alvarado and other sections of the county entered into an organi- zation, with the determination to kill him and Thompson at Alvarado on Monday eve- ning, at which place Biekerstaff had promised to come and get a barrel of flour From the store of Robert Moore. On that evening the streets were crowded with men who had come in and secreted their guns in the different store-houses. But little after five o'clock Biekerstaff and Thompson were soen at some distance approaching the town; the streets were immediately cleared, every man running to his arms and secreting himself in a store. house. They rode up on the square, Thomp- son eight or ten feet in advance, on a small
gray horse, and Bickerstaff riding a mule, raising their hats and making signals to each other, as they rode on slowly in the direction of the Milliken House, looking cautiously to the right and left.
" When they got opposite Rogers' shoe- shop, on a sudden the firing opened from the doors and windows of Milliken's and low- ell's store-houses, which was followed by a discharge from every business house in town. At the first discharge Thompson was killed, shot through the heart with a buckshot. Biekerstaff fell from his mule and after lying on his back for a few minutes rose on his hands and fired three or four times at Mr. Powell, who was standing in his storehouse, gun in hand, the last shot knocking the gun out of his hand. The crowd commenced firing again, with the ery, 'finish him;' .shoot him again,' ete. Several shots were fired, after which he fell on his back, apparently lifeless. The crowd approached him, but saw that he still exhibited signs of life, where- upon they disarmed him, taking from him three six-shooters and two Derringers, which were observed to be the same with which E. M. Hleath was armed when robbed. He now became sufficiently revived to talk a little, called for Robert Moore, and for water, -mor- phine and whisky, which were given to him. Before Mr. Moore came he told the crowd he had $45 and a Remington six-shooter, which he desired to be given to his wife, asking them not to abuse her and stating that she was a good woman; and he desired her to go back to her people. Ile asked why he was shot, and was told that Cathy was
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the cause. He was now suffering intensely. " On being asked if he had any confession to make, he replied, None; that whoever had killed him had killed a brave man, and one that was true to the South; what he regretted was, they gave him no chance; but he came near getting one of the ' damned rascals' any- how. His voice now grew fainter and in a few moments he expired. Ile was literally covered with wounds, having several in his ribs and in different parts of the body, back and front, in the eye, in the arms and hands,- not less than twenty-six wounds in all!
At the same time sundry events prodneed a very strong suspicion that Major Cathy, who represented himself as being robbed of $1.000 when Major Heath was robbed, was himself the leading party in the robbery, con- cocting the plan and getting Bickerstaff to execute it. He was apprehended and taken to Waco. It is rumored that Bickerstaff made this disclosure with reference to Cathy."
In the succeeding number of the Chronicle another account was published, giving also other but mostly unimportant particulars. Captain Mills asked Bickerstaff to tell him who brought this upon him, which he re- fused to do, saying, "Never; no, never." Major Cathy was believed by the citizens to be the man whose name Bickerstaff refused to give, for he was seen in his company and was known to be often at his house.
The Chronicle added: "This man Thomp- son had been a resident of Alvarado and vi- cinity for some two years or more, during which time, in dircet violation of law, he opened a whisky doggery in Alvarado and swore
he would sell whisky, law or no law. Where- upon the citizens held a meeting and passed resolutions to enforce the law, resolving to spare neither time nor money in the employ- ment of counsel to assist them in the enforce- ment of the law, there being a special aet of the Legislature prohibiting the sale of liquor in Alvarado. Hle for a time resisted, swoar- that he would sell whisky in Alvarado at all hazards, and those opposing it had better lie low or he would send them to hell, where he had sent many a man before.
"Being overpowered, he desisted from sell- ing, but still determined on his revenge; and about one week before his death he said in the presence of our best citizens, 'that Alva- rado had made him succumb, but now Alva- rado should yield to him, and, by G --- , ho would burn the town to ashes and send every man to hell !"'
ATTEMPT TO ROB A BANK.
April 21, 1875, two men made one visit to Chambers & Brown's bank and two visits to T. D. Lorance's bank, pretending to sell gold for currency. Tying their horses abont 100 yards below the first-mentioned bank they en- tered the office of that institution. The first man entering presented a ten-dollar gold piece at the desk and the other passed for- ward so as to get a range of the safe door, drawing his pistol. Mr. Hartsough, the cashier, seeing his suspicious movements, sprang for his pistol and presented it, crying out, "Get out of here! Get out of here!"
The men seemed to be taken by surprise, and after snatching his pistol commenced re-
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treating toward his accomplice, walking back- ward. Mr. Hartsough incantiously advanced around the corner of the counting desk and table, when his own pistol also missed fire. A shot was then fired by one of the robbers, which missed its aim. Mr. Ilartsough then rushed upon them, they being near the door, when he stumbled and fell against them, and all went out together, Mr. Hartsough fal-
ling. One of the robbers then ordered the other to kill him, and he then shot with better aim and gave Mr. Hartsough a danger- ous wound, the ball ontering the under lip, passing out in front of the wind-pipe and lodging against the collar-bone.
The desperadoes then retreated to their horses, and Mr. Hlartsough, as soon as he could rise, pursued, firing upon them. Un- fortunately his pistol had only three or four charges in it, and one missed fire.
It was afterward ascertained from the post- master that these robbers had asked for mail addressed to Coleman and J. II. Martin. In their endeavor to get away they lost the mare, being so hard-pressed by the citizens who had heard the firing. The robbers, as may be seen From the foregoing ciremmstan- stances, obtained no money, being frustrated by the timely efforts of Mr. Hartsough.
geon expressed himself as perfectly willing to come to Cleburne, and said that when he arrived here he could satisfy every one that he was not the man. So unconcerned was he about the matter that they were in a measure off their guard.
However, they started for Cleburne with the prisoner. At night Shannon took the first watch and Copo the second. Near morn- ing Spurgeon found that Cope was sleeping and he quietly stole out in his night-clothes, mounted a horse and made his escape. Ile rode bare-back for nine miles, when he reached the residence of a relative and ex- changed his horse for a better one, telling him to say to those sheriff's that he was the inan they wanted, and that if they came up with him they would get something they would not want. This was the last ever heard of Spurgeon.
After his escape, as above described, the sheriff's returned to his old neighborhood and found that he had sent word to a man named John II. Ferguson, who lived some distance from Spurgeon's, that he was arrested. Nei. ther of them could be found again. It was evident to all, after a little inquiry that Spur- geon and Ferguson were the men who at- tempted to rob the bank. A subsequent communication from Collin county gave the information that both these men bore a good reputation, as well as their families and con- nections, and that the community were cor- respondingly surprised at the denouement.
The rascals who attempted to rob Cham- bers & Brown's bank were found in May, 1875, in the southern part of Collin county, by deputy Sheriff George Shannon and James Cope. First they arrested a man at work in a cornfield, whose name ostensibly was Spur- geon and who bore so good a reputation there About 1874 Mr. Pidcoke was murdered that they were tempted to let him go. Spur- | by poison. Two parties were implicated,
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one of whom was arrested and tried, but finally acquitted, at the second or third term of court. The occasion ereated a great deal of excitement.
SAMUEL H. MYERS.
February 21, 1877, is the date when Mrs. Mary A. Hester, living three miles north of Alvarado, was shot and killed by Samuel II. Myers, aided by an accomplice, James M. Bowden. Myers was arrested and tried in several terms of court and finally senteneed to be hanged. The particulars of his career during this long period constituted the subject of much matter in the newspapers. After his sentence he broke jail and got away from it about 250 yards, when he was re-captured, amid great excitement of the crowd that was rapidly collecting. He was executed March 19, 1880, protesting his innocence to the last, in the presence of 6,000 or 8,000 people. This is the only legal execution by hanging that has ever taken place in Johnson county.
Bowden was arrested and on trial took a change of venue to Somervell county, where the first jury was eleven for acquittal and one l'or twenty-five years in the penitentiary; but on the final trial the jury stood ten for hanging and two for imprisonment for life. While in jail, in February, 1878, he attempted suicide by drinking a quart of whisky at one draft, which he had gradually collected by saving at one side the small quantities which the jailer had brought him from time to time. The deser- tion of his wife had made him despondent.
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