History of the regulators and moderators and the Shelby County war in 1841 and 1842, in the republic of Texas, Part 3

Author: Middleton, John W., 1808-
Publication date: 1883
Publisher: Fort Worth, Tex., Loving publishing company
Number of Pages: 48


USA > Texas > Shelby County > History of the regulators and moderators and the Shelby County war in 1841 and 1842, in the republic of Texas > Part 3


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A writ for the arrest of the twelve men who had executed Wills was caused to be issued by John M. Bradley and John Doyle. The writ was placed in the hands of Llewellin the sheriff and his deputy Jeff Cravens. They summoned three hundred men to their assistance and went into camp. The twelve refused to be arrested, but said they would attend the District Court and submit. The friends of the twelve men sustained them in their decision, and in two days enough men were gathered for their protection, and the sheriff was then notified that they were ready, and if a fight was desired they were prepared. An armis- tice of two days was obtained by the Sheriff, and during that time an agreement was entered into that a committee of twenty-four men should decide the matters of difference between the parties, and that the committee should be composed of men belonging equally to both parties, that is to say, twelve men from each side. They met and after deliberation rendered their decision that the Sheriff Llewellin and his deputy, together with twenty-three others of the most prominent of tha party were to leave the Republic and never become citizens again. They were given two months to wind up their business and permitted to return temporaril. on business matters, but could not become citizens. Messengers were sent to notify them. These were often attacked, some wounded and some had their horses killed. Instead of leaving the Republic, as they were directed, these men went to work to raise forces, and at the expiration of the two months they were ready to cemmence fighting. It was planned that at the same hour of the night, seven- teen citizens, who had been selected, were to be killed, and afterwards the mem- hers of the commitee were to be disposed of in the same way. To raise their


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men they had sent to Arkansas and Louisiana. A company of Arkansas men were camped six miles from me, on what was known as the Rogue's Trail. They were to kill me and Howell Hudson. A friend of Hudson named Elijah Morris gave him information two days before of what was to be done and ad- vised him to leave. Hudson then saw Stiles and talked with him on the subject. Stiles went into the camp and there learned that the information was correct. Next night Stiles, Howell, Hudson, Peter Hudson, Washington Hooper, Daniel


Wiseman and Dick Harding came to my house and took me away. I had a rising on my hip from my wounds and unable to travel without help. They placed me on the road to intercept the spy of the moderators that night, but he never came. The track of the horse belonging to this spy was seen near the house of every man who had been selected by the moderators to be killed, but the name of the spy, or who he was, was never discovered.


My family left home that night. The gang came and broke open the doors; finding no one they became alarmed and went into the Teneha swamp. They got into the edge of the cane at the flat fork of the Teneha, and as day came the order was "a little further into the cane," and they edged and pushed each other until Jonas English and John Mays fell into a deep hole of water in the creek. They kept in the swamp and nothing was heard of them for two weeks,, The night they sought me they went after others, but failed in every instance. Squads were near the house of every marked man at the same hour of the same night, in pursuance of the original design, to murder all the selected men at the same moment, but they failed in every instance. Then all got together, two hundred strong, armed and fully equipped, and charged into the town of Shelbyville making all the show and intimidation they could. They swore to kill the com- mittee first, sent Alfred Truit to Louis Watkins' to kill him; the mouth of his lane towards town was waylaid with thirty-three men. Watkins started to town and before he got throngh the lane was shot and fell from his horse. News of this went out, and next morning thirty-five or forty men had assembled at Jerry Beecham's, three miles northwest of town. With these thirty-five or forty men were E. M. and Chas. Daggett, Joe Smith, ex-sheriff of Shelby county, John and Frank Farrar, Jim Graham, Geo. Sandford and others. Those who arrived during the night had built a fire near a log left from making boards, hearing the approach of some one Capt. Joe Smith and John Farrar jumped upon the log to look out, and in endeavoring to recover their lost balance, the hammer of a gun in the hands of one of them struck the ripping machine and fired, the ball going through the hand of Smith and breaking Farrar's arm; thus was lost the services of two good men. About nine o'clock a m. of the following day they were here attacked on two sides by the two hundred men, and the fight was maintained all day. The attack was made on the east and west sides.


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CHAPTER IX.


The thirty-five or forty men were called regulators; they were protected by an unfinished house and a yard fence. Over this fence on the west side was leaning the planks to put on the house, and these supplied some protection. In this fight the casualties were, Bill Hansbury, moderator, killed; Wm. Price, shot in the mouth; Jim Graham, regulator, shot in the mouth; Geo. Sanford, arm broke; Eph M. Dagget had his pants cut, but was unhurt. The regulators sent for me, and I gathered the men around me and went next day. Richard Stiles, Howell Hudson, Peter Hudson, Washington Hooper and Jackson White went with us, and on our way we were joined by Mint Truitt and Bob McNairy. When we got near the place, the two boys, Truit and McNairy, went to the battle ground and to Beecham's house to get information. At the house they found Jas. Graham wounded and under the care of Dr. Davenport. In the yard they saw Ned and Berry Merchant, who cocked their guns, as if intending to shoot them. McNairy stepped into the house and cocked his gun, but through the advice of Dr. Davenport, he laid aside the gun and appeared not to see the two men, went whistling through the house, went into the cotton field and reaching his horse in safety, came back to me. We were eating break- fast, and some of our party going after water discovered a spy in the bed of the creek. We moved from the place at once and learned that the moderators were there, but that the regulators had gone ten miles off to C. T. Hilliard's. The Merchants, as soon as McNairy left, went to the camp of the moderators and started the spy company after me, presuming me to be in the neighborhood. When we left the place, we separated, each one taking his way through the woods, to leave as little sign as possible. Truitt could find no trail by which to follow, and was compelled to "circle" to reach us. The first house we reached was situated inside a corn field; two horses were tied to the fence, and Truitt and McNairy going in to see, discovered two men of Alfred Truitt's spy company. They returned and reported, and we went around the swamp side of the field and found our men, the regulators, without further hindrance. On the upper side of this field thirty-one men were stationed, and had we gone on that side, as some wished, we would have been captured.


During the fight at Beecham's the regulators deceived the moderators by falling at every fire, and believing they had killed many, so reported, and were enabled to procure re-inforcements until they soon numbered 230 strong.


The whole force of moderators now went into the neighborhood of my residence and searched the whole country for me. We had ladies out all the time acting as spies for us, watching the movements of the moderators. These ladies were Mrs. M. T. J. Johnson, Helen Daggett, Elizabeth White and Mrs. Nathan Matthews. The moderators then moved up to Dave Strickland's, four miles south of Hilliards. We found they were there, and being scarce of ammunition had sent for more, but concluded to go and fight them with what we had. This was in 1842. The moderators occupied a school house of logs


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on a ridge, between two small streams; their fires, cooking apparatus, &c., were south of the school house. Our forces amounting, as I facetiously called it, to one hundred and cnough, were divided into three companies, twenty-eight men under M. T. Johnson, acting as cavalry; these men formed a select body whose lives were in danger. Captain George Davidson and Lieutenant Boulware commanded a company from Harrison county and John Inman was in command of the company from Shelby county. Johnson went around on the south side to attack as cavalry and the other two companies being misled by the guide, were three-quarters of a mile distant when the attack was made by Johnson. They came up in a run, and were much heated and fatigued, as it was in the month of August or September; they formed on the north and west side. Capt. Davidson mistaking a company of moderators for Johnson's company, and demanding who they were, were fired upon and killed without receiving any reply. The two Daggett's, E. M. and Charles, were in the lead when they ran into the moderators, and discovering where they were they threw Andy Truitt, a moderator, into a whole of water, and escaped during the excitement. Johnson was to hold the ground on the south and east. The battle began after 12 m., Johnson firing the first gun, the ball from which


struck the meat in a man's hand as he was in the act of biting. Our coming up was unexpected but the firing soon became general. The action continued about four hours. It ceased and Colonel Straw was sent around to draw us off and take care of the wounded and dead. We were again fired upon, but no one was hurt, and we marched on. Johnson was ordered back to our breastworks and fortifications at Hilliard's: the balance of the command were to follow, but finding no one had molested them, and expecting to be pursued, we went back on the road and stationed ourselves in ambush We drew off the evening before to obtain more ammunition, and found that it had arrived. We camped next night, or rather took our stand at the edge of a prairie near by, and in hearing of the moderators, and until 11 o'clock p. m. we continually heard groans and lamentations, and during that night they retired four miles below. Tom Haley commanded them during the battle and his voice could be continually heard giving orders. Wm. Nail and a crowd with


him, becoming freightened, left their guns and running off, hid themselves. They did not get back to their men until 11 a. m. the next day. Of the moderators no certain information was received of the killed and wounded, although sixteen were acknowledged killed and twenty-five were known to have been wounded. The regulators had one, George Davidson, killed dead; two wounded, Howell Hudson and Kane, who died afterwards. After the battle at Hilliard's we moved five miles below Shelbyville, to the camp ground. The moderators intended going to the same place, but finding it occupied by us, made their stand in a field at the town of Shelbyville. We went before day, with one hundred men to attack them, and to cut off a new spy company they had raised and under the command of Richard Haley, then out foraging. We formed our men into three divisions; one under Boulware, on the Natchitoches


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road; another on the San Augustine road under Colonel Morman, and the other under Sandford on the Sand Hill road. Our horses were left tied in the head of a hollow, about one-half mile from Morman's, on the San Augustine road. Where Morman was placed, about one-half mile from Shelbyville, the young pines were too thick to see any distance; the orders were to wait until the foremost men reached Morman and then all to fire on the line of men who would be in ten feet of them. They came along; Morman's gun failed to fire and the next man took his place. Haley's gun was struck in the lock and fired by the shot, and Haley lost his hat. When Lieut. Boulware crossed the road he got Haley's hat. New blankets and provisions were scattered in the road. The company then fired into the line and the moderators ran. They went in the direction of Sandford's company, except Haley, who ran straight on into Shelbyville. Sanford's guns missed fire and the moderators scattered and went to their main body. The regulators retired to their horses, sent information back to the command and waited for re-inforcements, expecting an attack, but no attack was made as the moderators went into the Teneha swamp to make their escape. The number killed and wounded in this affair was never ascertained. This was in or about the month of September, 1842.


We remained at our camp, watching an opportunity to attack the moder- ators, some eight or ten days, having occasional skirmishes with small bodies of the enemy. In one instance we went with a few men near the house of Mr. Shoat, a few shots were fired and some of the enemy wounded. On the side of the regulators there were no injuries. In this camp we remained receiving information and advice from friends in San Augustine, until the day the militia arrived, when we were disbanded and all returned to their homes.


At a meeting of the regulators I made a motion that the different counties of the Republic be notified of what was going on with us and advised to organize, arm and protect themselves. The letters were written by Colonel Morman and C. T. Hilliard, and being received by the counties had a strong effect. Upon this action the moderators called upon General Houston, presi- dent of the Republic, and urged him to call out the militia, and stated that their numbers had been reduced from two hundred and thirty to sixty-five and that was their number when surrounded by the regulators in the thicket, after the battle at Hilliard's. General Houston anticipating the approach of Santa Anna, and believing the discord between the citizens would enable Santa Anna to overrun the country, called out the militia, and placing them, to the number of 1500 men, under the command of General James Smith, sent them to Shelby county, when upon their arrival, the citizens laid aside their arms and went home, and ended the war between the regulators and the moderators.


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CHAPTER X.


I had gone into Louisiana with some friends, but returned to aid in the interment of Howell Iludson. We buried him with military honors, firing a platoon over his grave. We made prepara ions to leave after filling the grave, when it was proposed trat we hunt for Henry Strickland, thinking he could be found that night. We started and soon discovered the tracks of the horse rode by the spy of the moderators. We chased him five miles but he escaped. Going on further we met Colonel Morman, who invited the men into a grocery and treated them. We took an old road, going to the Strickland settlement:, and met the old man Morman and Washington Farrich driving a yoke of oxen in full run; they told us to turn back that the militia were at Hilliard's and eighty men were coming in our direction. We did not wish to be found with arms in our hands and we turned and went back past the grocery. Nine of our men stopped, as by this time, they wanted more I.quor. We turned then to cross the river at Logansport, so as to be in Louisiana. One company of militia stopped at my house, got some provisions and inquired for me; they were coming up to uni e with the others. Colonel Morman going alone in the direction of Logansport, met this company and they took him prisoner. One of the Horton's was in this company and attempted to shoot Morman, but Morman seeing it, was ready and made an effort to fire, but they were prevented by the milit a. Colonel Morman was deprived of his weapons and his blowing horn would have been taken, but he claimed it was not a weapon and it was restored to him. While the militia were standing with Morman, we rode up, and discovering who they were, we turned and made our escape. Tom Stanford ran far ahead and we did not see him till next day. That night we crossed the Sabine river. Colonel Morman was taken to Dave Strickland's and from there scouts were sent about the country. These men, of the militia, finding every- thing so different from what had been represented, that they informed their commanding off er, General Smith, that they must be disbanded, or they would, in a body, join Colonel Morman to rid the country of counterfeiters, hieves and other lawles. men. The next day the militia was disbanded and all returned to their homes, except one company which was retained and stationed for a a short time in Shelbyville, to maintain law and order. One of the company raised a difficulty with Albert Harris, a regulator, and at empted to kill him, but finding Harris ready for the conflict he ran and concealed himself. Vardeman Duncan, a moderator, then took up the difficulty against Harris. Duncan advanced upon lim with a knife, when Harris, to ge advantage in law, retreated a few steps, then fired and missed; Duncan still pursued with his knife, when Harris fired a second time and killed Duncan. Then that company of mil tia was discharged.


John M. Bradley tried to procure the killing of Colonel Wat Morman, and he, (Bradley) left home and went to San Augustine, still continuing to threaten the life of Mi rian. Colonel Maman finding he was compelled to fight, Look


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John Reynolds and David Winborn with him and went to San Augustine. There they found Bradley in church, attending a meeting. Morman entered the church and set facing Bradley. He had been seen by Bradley and before the conclusion of the services, he (Morman) went out and stood on the gallery, at the door of the church. Bradley came out at the close surrounded by a crowd of women. Morman had dreamed that Bradley wore a steel jacket and as Bradley came out Morman cried, "Clear the track, Wat's here!" at the same moment aimed and fired at Bradley, just below where he thought the steel jacket would come. Bradley fired also. Bradley was killed; his ball struck at Morman's feet. It was found afterwards that Bradley wore a steel jacket, and he had been shot below it. Morman surrendered to the authorities of San Augustine county, was tried and acquitted. The defense being the threats made by Bradley and his offer of one thousand dollars to any one who would kill Colonel Morman.


CHAPTER XI.


The freebooters who belonged to the party of the moderators were Willis Watson, Tiger Jim Strickland, Amos Strickland, Henry Strickland, Dave Strick- land, Sam McFadgin and his three sons, William, Baily and John J. Goodbread, Jno. Smith, Sam Todd, John Applegate, Jno. M. Bradley, Bob Clifford, Baily Anderson, Jonas English, Joshua English, Emory Raines, chief counsellor.


I was so much annoyed by my enemies in Shelby county, by being waylaid, my horses poisoned, etc., and was kept so much disturbed that I left Shelby county in 1851 and settled twelve miles west of Jordan's Saline, in the county of VanZandt. I took my remaining stock with me. Here I traded my horses for a large stock of hogs, keeping only one mare. And during my absence from home Rusk McInturf, with his clan, stole my whole stock of hogs and escaped with them.


In 1854 I bought another stock of hogs, intending to move my whole stock to the Brazos, and going to collect them, found them all gone again. What I could find of my hogs, horses and cattle, I took with me to the Horse Shoe bend of Brazos river, in Parker county.


CHAPTER XII.


In 1856 I moved my stock to the head of Kickapoo creek in Erath county. Here they did well until the close of the late civil war. In 1855 I lived in Big Valley above the Horse-Shoe Bend of the Brazos river, in Parker county. There myself and family were sick. At one time I was in want of breadstuff, and learning that a wagon load of flour and whiskey had arrived at the house of a man named Sanchez, living in the neighborhood, I went to the place to procure what I required when I met a man by the name of Walker, who had waylaid me in Shelby county. I got my flour and was about to start home, when Walker stepped up, caught me in the bosom with his left hand, in his right hand, raised


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above his head, he held a dangerous knife. He accused me of going with Col. Mormon to waylay and kill him. I was unarmed and unsuspicious of a difficulty in going to the place. I knocked his hand loose from my bosom, and pressed close to him with my face to his looking him in the eye; he shut his eyes, closed his knife, put it in his pocket and walked away. He went into Sanchez's house and the crowd inside hearing the loud talk came out hurriedly. Sanchez met Walker at the fence, Walker gave him his bridle reins to hold and went into the house and came out again immediately without any more weapons. Coming to the fence he got another cup of whiskey and desired me to drink with him; I told him I would not drink with any such man, and any man who accused me of going with Col. Mormon to waylay him or any one else was a liar and no gentleman, that he (Walker) belonged to one party and I to another, but I had never taken advantage of any one. He then invited me to go home with him, but I refused. He then proposed to go home with me. I answered that he could go where he pleased that I should not go with him. About that time Phillis Stroud came up, and I went on with Stroud who lived near me. When we started Walker went with us and affecting to be very drunk fell from his horse and went no further.


CHAPTER XIII.


After this efforts were made to raise a difficulty between Walker and myself. People were afraid of him and thought him a desperado. I was urged to fight him but I was not to be decoyed into trouble.


A party was given at old man Pointers, two miles above me on Kickapoo creek. Walker, together with the basest characters, male and female, of the country, was there. I was about a mile from Pointer's at J. W. White's, getting a load of rails, when Walker with six men came to "wind me up." Mohorn came with Walker, both armed. The doors of White's house were east and west. They came up on the south side. The other men, seven in all, surrounded the house two at a side. I went out into the yard as they came in at the east door. There were only two men, White and Rightman, at the house when they saw me. I was unarmed except a derringer in my belt. As I stepped out they asked me for a drink of water. I spoke to White and said "these men want water, I am too well raised to hand such men water, you can do as you please." White brought the water. Walker was dismounting from his horse, and it was handed to Mohorn. Walker said "Mr. Middleton, I would like to have a civil chat with you." I told him to "go ahead, I'll talk to you or any one else." He answered he wanted a private chat. I said "go ahead, I will follow." White had just erected a little smoke-house and it was not quite finished. Walker started around and getting near the corner near a pile of lumber I told him to stop, righ. there we would settle it. I had my hand on my pistol and was ready for him. Walker dropped at once, and sitting down before me, said he would make any acknowledgements I wished. I told him I wanted no difficulty and feared none, I was always ready when one came up, but rather avoided it and


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acted in self defence. I said "you say you want no difficulty?" He answered, no, he did not, and would make any acknowledgements I asked. I told him he had made enough, to attend to his own business and let mine alone and never cross my path again. He promised to do so, said he was done, and never in- tended to interfere further with me. We then walked back to the yard where his six men were assembled. Mohorn took me aside and requested me not to be displeased with him for coming with Walker, as he came only to get the difficulty settled. "What!" said I. "Mohorn, did you suppose your coming strengthened the matter any? Suppose all of you, the whole clan had come, no strength would have been added, Walker could settle it alone as well." Ad- dressing all then, I said: "Gentlemen, I want you all to understand that Jno. W. is a crowd anywhere, I want no apologies from any of you, I want you to get on your horses and leave here, and leave quick. All then mounted and left without resenting anything I had said. I never saw Walker but once after. He went near Fort Belknap and remained a short time. In connection with a man named Langston he killed a man there, and after that I met him once alone. I had my shot gun. We talked a short time in a friendly manner, separated, and I have not seen him since.


CHAPTER XIV.


Walker and four others, Joe Robertson, Bob Tucker, Covington and Dordy were the men who, pretending to be Indians, murdered Cameron and his wife in Lost Prairie. Dordy was killed while resisting arrest for stealing the same horses for which Covington and Tucker were hung on Pulaxy. I have been informed that Robertson was executed, but have no personal knowledge of it. Walker is yet living.


In the fall of 1856 I moved to the head of Kickapoo creek, and the Indians were located on the reserve in Young county. For a short time they remained peaceable. Early in 1857 they commenced depredating. They came in by families and camped, pretending to hunt and were very friendly. Part of them would steal horses and when charged with it would accuse the wild Indians as the perpetrators. I was elected captain of an independent company for home protection. The Indians came in and camped on Saline creek and were accom- panied by "Choctaw Tom," an interpreter. Two Indians on one occasion came out near Buck creek in the edge of the settlement. Two of the Lavender family, one partly deranged, went out cow hunting in the direction of Saline creek. A point of a mountain came down in the valley, and on this point the two Indians were stationed, one on the south and the other on the opposite side. A long rock came down from the point and was split in the middle. One Indian ran into this opening and as the men passed shot at them but missed. These men not perceiving they were fired at, and presuming the firing to be by some neigh- bor hunting, started towards the place when they discovered the Indian, and returning at once, notified me. I raised seventeen men and early next day was




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