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 27
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 27
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In the meantime Governor Davis issued writs for the arrest of Gathings and his friends, to be served by Sheriff Grace; but when the matter again came up the authorities said they wanted only an amicable adjustment, and proposed to release Gathings if he would pay the cost of the proceedings thus far, which amounted to nearly $3,000, and which was readily raised by Gathings and his friends. Afterward, when Coke was elected Governor, the State reimbursed Gathings. James T. Rateliff, of Hillsboro, was his attorney.
For a biographical sketch of Colonel Gath- ings, see another page, found by the index.
Commenting upon the foregoing trouble, S. A. Reavis, of Ilillsboro, said in 1884:
" Some two years after this tyrannical pro- ceeding, at the dawn of a return of the su- premacy of civil law in the State, this man (?) Davidson, without previous notice, aban- doned his office of adjutant general of the State, his wife (?) and the State of Texas, carrying with him an amount of money, of which he had robbed the people of the State, variously estimated at from $50,000 to $100,000, and has not as yet been heard from by the good people of the State. Governor Davis made frantic efforts (in the city of Austin) to seeure his arrest after it was publicly known that the bird had flown.
" During this memorable reign of terror throughout the State, the county was officered in the main by force and fraud. The State's
district attorney, S. C. Upshaw, a highly os- teemed citizen of the county, and a very able lawyer, was smiminarily dismissed from office for refusing to prostitute his official position to base political purposes. His appeals to the courts of the country were of no avail, as no decision could be obtained until the usurpers were overthrown and a supreme court selected by the people, some years afterwards."
IlON. Jo ABBOTT, an able statesman of Central Texas, is one of the popular eitizens of Hill county, and has made a record in the political history of the State in which his countrymen take just pride. In tracing his career it is to be found that he was born near Decatur, Alabama, January 15, 1840, and is a son of William and Mary (MeMillan) Ab- bott, natives of Virginia; his father and inother were born near Petersburg, the father in 1773 and the mother in 1794; they were married in 1810, removed to Alabama in 1836 and resided there until 1853; thence they eame to Texas and settled in Freestone county, where they remained until the mother's death in 1864; in that year the father went to live with a married daughter in Limestone county, and made his home there until his death, which occurred in 1871; he was a soldier in the war of 1812, stationed at Norfolk. William and Mary (McMillan) Abbott had born to them a family of twelve children; two died in infancy, one at the age of twelve years, and the others grew to maturity ; four of them are now liv- ing: Franklin C. resides in Callahan county, Texas; William L., at Rockport, Texas; Mrs. Margaret Adamson, in Williamson county,
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HISTORY OF JOHNSON
and Jo, the subject of this biographical sketelı.
Jo Abbott was reared in Freestone county, Texas, and was educated under the direction of the eminent scholar, Dr. Frank Yoakum, who then resided in Limestone county, and Prof. George F. Allison, who taught a classical school in Freestone county. Ile began reading law in 1859, and pursued this study until the beginning of the civil war, at
which time he joined the Confederate army, enlisting in Company B, Twelfth Texas Cav- alry; he was commissioned First Lieutenant of his Company upon its organization and served in the Trans- Mississippi Department; he was in the engagements at Searcy and Cot- ton l'lant, Arkansas and Negro Hill, in Louis- iana, and Pleasant Hill and Yellow Bayon, Louisiana. Ile was wounded at the last mentioned place and disabled for several months, but rejoined his command and was with it until the close of the war.
Ile returned home after the surrender and resumed his legal studies which had been for so long abandoned. Ile entered the office of Major L. J. Farrar, at Springfield, Limestone county, and received instructions from him and the lon. D. M. Pendergast; in 1866 he was admitted to the bar by Judge Robert S. Gould, of the Thirteenth Judicial District, who was afterwards Chief Justice of the Su- preme Court. Ile began practice with his old preceptor, Major Farrar, remaining in Limestone county one year; at that time the courts of that county were disorganized un- der reconstruction measures: so he left, going to the western counties in search of other
employment. Hle came to llill county in 1867, and taught a school here for five mouths, having made a tour of four or five other counties. The courts of Hill county were disorganized only a short time, and he was enabled to resmne the practice of his profession there in 1868. He devoted him . self to legal work in llilleboro for many years, and from the first enjoyed a lucrative practice.
Recognizing his ability and peculiar fitness for legislative labors, the people of his county elected him a member of the Assembly in 1869, and he served during 1870-'71. He was chairman of the Democratie Executive Committee of Hill county for a number of years. In February, 1879, he was appointed by Governor O. M. Roberts, Judge of the Twenty-eighth Judicial District, composed of the counties of Ilill, Johnson and Bosque; he held this position until November, 1880, at which time he was elected to the same oflice for a term of four years, which he filled very acceptably. Ilis appointment was to a newly created district. In 1886 he received the unanimous endorsement of his own bar and the bar of a number of the counties in Central and Northern Texas for a vacancy on the Supreme Bench caused by the death of one of the members of that body. Al- though he developed considerable strength and received a very flattering vote, he was unsuccessful before the Convention. A month later, however, in September, 1886, he re- ceived the nomination for Congress from his Congressional District, was elected, and has been twice re-elected. Ile received at his last
AND HILL COUNTIES.
election 29,982 votes against 5,001 for his opponents.
Judge Abbott achieved a high reputation as a lawyer as well as a judge, to which he has added in no small degree as a legislator. An a lawyer he is noted for his patient and persevering industry; he is gentle and con- eiliatory in manner, is a skillful logician and a smooth and graceful speaker. Upon the beneh he was distinguished for the same in- dustry which he showed as a lawyer; his opinions were noted for their profound legal learning; his instructions were always full, acenrato and delivered with a calmness and deliberation worthy of his high and responsi- ble position. As a legislator he has steadily grown in favor with his constituents. His career in Congress is more or less familiar to the people of Texas, and has so far been very satisfactory, as is proven by the repeated en- dorsements which he has received. He is a Democrat and stands high in the councils of his party, being an able champion of its principles on the public platformn.
December 15, 1868, Judge Abbott was united in marriage with Miss Rowena Stur- gis, a daughter of James W. L. and Martha Sturgis, and sistor to George F. and W. W. Sturgis, of Ilillsboro, sketches of whom ap- pear in this work.
THE COURTS.
It is most interesting to note the begin- nings of the history of a county by reading the record of the early transactions of the various courts, including that of the county
commissioners, which by the way, is more a legislature than a judicial tribunal.
THE COMMISSIONERS' COURT.
The records of this body are complete. The first volume opens with the following certificate of election:
State of Texas, 1 County of IFill. S
I, Presley Donaldson, Chief Justice in and for the County of Na- varro and State aforcsaid, do hereby certify that Thomas M. Steiner, Thomas Bragg and James R. Davis, elected as Commissioners for the county of Hill at an election being held on the 14th day of May, A. D., 1853, appeared before me and were duly sworn into office as required by law. I also certify that C. N. Brooks, who was elected as Clerk of the County Court of said Hill County at said election, was duly sworn into office as required by law, ho having previously executed a bond with three securities in the penalty of §2,000, conditioned as the law requires,-which Court members I now declare to be [" do- clared to "] lawfully constituted the County Court of Hill County, in accordance with the law passed at the late session of the Legisla- ture, approved the seventh day of February, A. D. 1853.
To certify which I have hereunto set my hand and affixed a large serawl by way of seal, having no connty seal at hand.
P. DONALDSON, SEAL. 8.
Chief Justice N. C.
The next entry is a minute of the opening of the first county court, thus:
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HISTORY OF JOHNSON
" Hill County Court, May 25, 1853. The County Court of Hill County met at the house of Harrison Ables in said county, on the 25th day of May, A. D., 1853. Rules of the Court. Present, Thomas M. Steiner, who was stated to preside over said Court; Thomas Bragg and James R. Davis, Com- missioners, and C. N. Brooks, Clerk.
"The Court procceded to appoint William Willson as Sheriff pro tem., who proceeded to open Court according to law.
" Ordered that an allowance of $12 be made to Presley Donaldson out of the first money that may be received into the treasury of the county; and the account is ordered to be filed.
"Ordered that the Court of [Hill County ] is adjourned until the 3d day of June, 1853, which will be held at the house of James II. Dyer. THOMAS M. STEINER,
pro tem.
" At a special session of the Honorable County Court of Hill County, begun and holden at the house of James II. Dyer, in the County of Hill and State aforesaid, on Fri. day, the 3d day of June, 1853, -- present, the Hon. James H. Dyer, Chief Justice; James M. Sanford and Thomas Bragg, Com- missioners; and C. N. Brooks, Clerk.
" The Court proceeded to appoint Haywood Weatherby, Sheriff, pro tem., who proceeded to open Court according to law.
" Ordered that a petition be sent immedi- ately to the Honorable County Court of Ellis County, begging them to have a called session for the purposeof adopting some means where- by the county line between said Ellis county
and Ilill county may be immediately run. "Ordered that the Honorable County Court of Hill County is now adjourned until the next regular term of said Court, Angust the 3d, 1853. JAMES HI. DYER,
Chief Justice."
At a special session held July 1, that year, the court ordered that the "county be laid off and divided into convenient and tem- porary preeinets for the purpose of holding the August election in August next;" but there is no record of the result of the division. The election in precinct No. 1 was ordered to be held at the residence of James McCoy, and said McCoy to be the presiding officer; in pre- einet No. 2, the election was ordered to be held at William Gipson's, and he to be the presiding officer; in precinet No. 3, at Thomas Ilaley's, Archibald Robertson to be the pre- siding officer; for No. 4, at James Woods', William 1. Cummings to be presiding officer; No. 5, at " Lenn " Williams', he to be the presiding officer; and for No. 6, at Vernoy's, with Mr. Vernoy as presiding officer.
August 15, that year, a list of talesmen was ordered to be drawn up wherefrom a jury could be summoned for the fall term of the district court. The list is recorded, which we here copy, premising that some of the names are probably misspelled, and that it was written at a day when it was fashionable to make no difference in manuscript between I and J: William 1. Cummings, Thomas Kirvin, - Bynmin, Martin Newman, Charles Duncan, Joseph Martin, James Chapman, John Crenshaw, John Scott, Russell Williams, William Kinsey, Benjamin Prior, Elins
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AND HILL COUNTIES.
MeKey, William Burns, William Carr, John McCauley, John Ford, R. Frazier, II. Weath- erby, Joel Mitchell, William Mitchell, John Randall, Joseph Smith, - Smith, F. S. (L.) Kirtley, C. Vernoy, Thomas Jackson, Jona- than Melton, James Gathings, James Trnett, Drewry Kinard (Kennard), Preston IIart- graves, - Ridlin, Anger Price, Thomas Aytes, A. I. Mitchell, S. W. Taylor, Brazile Harris, Alfred Bragg, William Langford, John Mor- ris, John Wornell, W. O. Smith, James Me- Coy, Jolin MeCoy, Thomas Hambay, G. W. Burehum, William Pace, A. G. Glenn, -- Scott, - Scott, (two Scotts without given names:) W. B. Martin, -- Martin, -- Martin (two Martins also without specifics:) G. B. Fancher, Stun Morrison, Harvey Bonard, Henry Bieden, William A. Jones, - Monroe, John Welch, I. HI. Bacey, Sam Crist, Steplien Crist, G. W. Sevier, - Baley, J. G. R. Tur- ner, Jacob Graves, Valentine Severe, - Routon, - Ward, David Cook, -- Robertson, James Casaday, -- Dulaney, Claton Williams, II. Harwick, II. L. Dyer, J. Price, John Caruthers, John Chapman, Harvey Young, - Cato, William O. Pryer, Ilenry Malery, Moses Stanley, M. C. McGilson, W. K. King, - Caruthers, - Roberts, Stephen Bright, - Mckinney, William Bragg, N. Owen, Riley De Armon, John Cauble and Benjamin Green.
The next day, at the same term, the conrt ordered 815 to be paid IJaywood Weatherby " for his services in going to Springfield on his own expenses and getting a certified map of the county of Hill and State aforesaid, which map is to be brought forward and de-
livered to the Commissioners of said county within ten days from this date. Ordered that the sum of flfty eents be paid out of the treasury of Hill County to each one of the following persons, to wit: II. P. Ford, James HI. Dyer, Thomas Bragg, J. R. Davis, A. R. Fanehier and C. N. Brooks, for money which they paid for the above named certified map of Ilill County, for the use and benefit of said county."
Only one of the foregoing-A. R. Faneher -is still npon the jury list of the county, and he is living npon the west bank of Jack's branch, about four miles from Hillsboro.
At a special session held August 25, 1853, it was ordered that " selections shall be made and nominations from the donations which have been proposed for the location of the county seat of Ilill County." The next morning they met and selected the donation offered by John A. Caruthers and Thomas M. Steiner to be one of the situations of the county seat,-the donation offered by Jona- than Newby to be attached to and from a part of said donation. These donations altogether contained 260 aeres of land. That offered by G. B. Faneher and HI. P. Ford contained 185 acres, and the one offered by Samuel Morrison was the third selection made by the court on which the people were to vote.
At the special term of September 24, 1853, it was ordered that the town of IIills- boro be surveyed and laid off into streets, alleys, ete., by Arvin Wright, who should be paid 82 a day for his services. Haywood Weatherby and Hugh MeMullen were ap-
1
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HISTORY OF JOHNSON
pointed chain-carriers, they to be paid $1.25 a day; and this day it was also ordered that future sessions of this court be held at Hills- boro. It was also ordered that the town lots be sold on November 1, following, continuing from day to day, and that the boundaries of the precinets be particularly described.
The precincts were thus described :
No. 1, beginning where the Patton road crosses the Aquilla, thence south with the Aquilla to the MeLennan line, thenec east with the directions of said line to Elias MeKey's, thence in that direction to the county line, thence to Conner's Station, thence west with the Patton (" Paton" was a sur- veyor) road to the beginning.
No. 2, beginning at the Aquilla where the l'atton road crosses said creek, thence west with said road to Fort Graham, thenee dne west to the Brazos river, including Fort Graham in precinct No. 2, thence with the said river to the MeLennan line, thence east with said line to the Aquilla, thence with said Aquilla to the place of beginning.
No. 3, beginning at the crossing of Aqnilla creek with the Patton road, thence with said Aquilla to the boundary line of Hill county, including the territory of Ilill county, thence west to the Brazos river so as to in- clude the territorial part of Ilill county, thence down said river to a point due west from Fort Graham, thence cast with the Patton road to the place of beginning.
No. 4, beginning at a point north of Elias MeKey's on the county line, thence sonth with said line to G. Hlernendo's 1,280-acre survey, thence west to the sontheast corner
of precinet No. 1, thenee north with the east boundary line of precinet No. 1, to the place of beginning.
No. 5, beginning at the north boundary of G. Hernando's (or Ilernendo's) 1,280-acre sur- vey, on the Navarro county line, thence sonth with the said line to the southeast corner of Hill county, thence west with the south boundary of Ilill county to where it corners with Limestone and MeLennan, thence north with the line of said county of Hill to the sonth boundary of precinet No. 1, thence east to the place of beginning.
No. 6, beginning at the place where the Patton road crosses the Aquilla, thence north with said Aquilla to the Ellis county line, thence east with said line to a point north of Elias MeKey's, thence west to Conner's Sta- tion, thence west with the Patton road to the place of beginning.
In precinct No. 2, an election was ordered to be held at the house of William Jones, who should be the presiding officer of said precinct, ote. Perhaps we have pursued this line far enough.
The first road laid ont by the county court was on November 22, 1853, as follows; " To the county line in a straight line from Ilills- boro to Waxahachie; said road shall be of the first-class and cut out according to law. The court appointed as reviewers of the road, John Randall, Il. Harwick, Elias MeKey, John MeCanley and William Carr.
At the same session a road was ordered leading from Hillsboro to Waeo, intersecting the Dallas and Waco road at the county line of Hill connty, to be laid out as a first-class
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AND HILL COUNTIES.
road. Also a first-class road leading in a straight line from Hillsboro to Corsicana. Reviewers of the Waco road, --- James McCoy, John Morris, Thomas Hanby, Isaac Noland and R. Frazier; and of the Corsicana road, Haywood Weatherby, William Cummins, John Scott, James Bynmm and C. S. Davis. Also a first-class road was ordered laid out to the north boundary line in a direct course to Birdville, Tarrant county, and the reviewers to be James Gathings, Alexander R. Fancher, F. L. Kirtley, C. Vernoy and William Jackson.
Ordered that an allowance of $45 be made to Il. MeMullen for building a house for a clerk's office and a courthouse.
Then a road of the second-class was ordered from Hillsboro to Fort Graham. Reviewers, II. P. Ford, Harry Young, Anger Price, Alfred Bragg and G. B. Fancher.
November 23, the court ordered that a county tax be levied of one-half the State tax on all property subject to taxation, for the use of the county.
December 27, William C. Megee was ap- pointed Clerk pro tem. of the Court, C. N. Brooks being excused because of " extreme family afllietion."
As an example of the manner in which a new road was divided into sections for con- venience of working and superintendence, we quote one paragraph of the proceedings:
" Ordored, that said road (to Birdsville) be laid off into precincts (sections) as follows: Precinet No. 1 to commence at Hugh Me- Mullen's so as to include said Me Mullen and hands; from thenee to where said road crosses
the second branch north of A. R. Faucher's; thence to Anger P'rice's, so as to include said Price in precinct No. 1; thence to the Aquilla ercek; thence down the channel of said creek opposite Alfred Bragg's so as to include said Bragg; thence to Dorothy Newby's so as to include all the hands on her premises; tlience to Richard Frazier's so as to include said Frazier; thence north to the beginning, so as to include Weatherby, Dyer, Chapman and Ilarwick and their hands; and that A. R. Fancher be appointed overseer of said road. No. 1 to begin at the courthouse, and cut and bridge and crossway the same to the south branch of the second branch, or west fork, of Hackberry.
" Precinct No. 2 to begin at Hugh Me- Mullen's so as to leave ont said McMullen and hands, and from thence north to Cham. bers' Creek, so as to include John Randall. and premises; thence northwest to Aquilla so as to include all the settlers in the cross tim- bers; thence down the Aquilla to precinct No. 1; thence to the beginning; and James J. Gathings be appointed overseer of said road included in precinct No. 2, and that he be required to cut out and crossway and bridge said road according to law, and make report at the next regular term, to be holden the third Monday in February, 1854."
The roads were " classed " (numbered) as follows: to Birdsville, No. 1; to Waxahachie, No. 2; Turner's to McLennan, No. 3; and Hillsboro to Fort Graham, No. 4.
From this time on the county court con- tinned to busy itself mainly with roads.
At present the county is divided into four
-
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HISTORY OF JOHNSON
commissioners' precinets, as follows: A road running from Brandon to Hillsboro to To- wash, and the road running from Cleburne through Hillsboro to Waco, divide the county into four parts, numbered the northwest part No. 1, the southwest No. 2, the sontheast No. 3, and the northicast No. 4.
The first license to retail spirituous liquors was granted by the county court October 22, 1857, to J. C. Goodwin, to sell in less quan- tities than one quart, " in the house on the south side of the public square in the town of Ilillsboro, for the space of six months," the date of said license to eominence from the 16th day of April, 1857. Thus it seems that the period covered by the transaction had ex- pired before the license was issued! Possi- bly a mistake in the record. Goodwin's next license was issued in advance of the time for which it was issued.
First grand jury: " Ordered, that a grand jury for Hill county be selected from among the legally qualified jurors of said county, consisting of the following named persons, to wit: Elias MeKey, James II. Dyer, Frank Weatherred, II. W. Ward, A. C. Graves, Sammel Caruthers, Joseph W. Bustian, Henry Treadwell, William Gipson, Henry Mally, S. C. Dyer, L. M. Hendon, O. T. Meadow, J. R. Davis, Benjamin Green, L. W. Cato, James Me Wright, Stephen Greenwell, Thom- as Bragg and William E. Anderson.
The first ease of naturalization was that of James Wood, a subject of Great Britain, in November, 1856.
At the May (1854) term of the county court the county was laid off into school
districts, as follows: No. 1, beginning on the Dallas road where the Waxahachie road lead- ing from Hillsboro intersects the same; thence west to where the Patton road crosses the the Hackberry creek; thence south to Doro- thy Newby's, so as to inelude A. R. Fancher and said Dorothy Newby; thence east to Cato's so as to include said Cato; thence north to the beginning. In this manner twelve districts were described. Next fol- lows a description of the boundary lines of cleven election precincts.
June 10, 1854, the court ordered that 8200 be appropriated out of the treasury for building a temporary courthouse, to be of the following dimensions: A frame 30 x 25 feet; sills not less than eight inches in diameter, square, and at least four pillars of rock under each sill; plate not less than six inches synare; eorner posts not less than six inches square; studding not less than four inches thick after being hewed on both sides so as to admit ceiling; a sufficient number of eross girders; rafters not more than two feet apart. To be neatly weather-boarded with plank and cov- ered with two-feet boards or shingles, and show not more than eight inches if covered with boards. Said house to be not less than ten feet high from the edge of the sill to the under edge of the plate; and two doors, --- one in the side and the other in the end, with good shutters to the same, made of plank not less than one inch thick; one middle sill, and sleepers 4 x 6 inches thick, placed two feet apart; plank of the floor six inches wide and one inch thick; five windows, two on each side and one in the
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end of the house, and said windows to be not less than four feet high and three feet wide; each window to have a double shutter, made of plank not less than one inch thick. A stand of sufficient size, and a convenient num- ber of seats.
The citizens agreed to assist the court in building the house, and the court reserved the right of letting the contract, and have general control of said house until they should be able to build a permanent courthouse, after which time they should relinquish their inter- est in said house to the school trustees in school district No. 1.
At the November terin the court ordered " that the courthouse by Owens be received if the ten seats are made good, with one ad- ditional brace to each seat, and that [court] be holden in said house at its next regular term."
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