Indian wars and pioneers of Texas, Vol. I, Part 36

Author: Brown, John Henry, 1820-1895
Publication date: 1890
Publisher: Austin : L.E. Daniel]
Number of Pages: 922


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and joined the Eleventh Alabama Regiment of In- fantry as a lieutenant and went with his comman 1 to Virginia ; in July of that year joined Gen. Joseph E. Johnston at Winchester; was with the army in its march across the mountains to a junction with Beauregard but arrived too late to participate in the first battle of Manassas; was with the army in its advance toward Washington in the autumn of 1861 ; went with his command to Yorktown in the spring of 1862 ; participated in the battles of Seven Pines, Gaines Mill, Sharpsburg, Fredericksburg, Chancellorsville, Gettysburg, Mine Run, the Wilder- ness, Spottsylvania, Hanover, Cold Harbor, Peters- burg, the Mine, Reams' Station and many other hot affairs around Petersburg in 1864 and was on the retreat to Appomatox in April, 1865, but did not surrender, having joined a squad of cavalry which broke through Sheridan's line on the morning of the surrender .. He was wounded at Gaines' Mill on June 27th, 1862, on the third day at Gettys. burg, in Pickett's charge, and again at Reams' Station on August 25th, 1864.


After the close of the war he returned home and began the study of law under his father; was ad- mitted to the bar in October, 1866; removed to Texas in January, 1867, and located at Weatherford, in Parker County; removed to Waco, his present home, in December, 1868; was a member of the State Democratic Committee in 1872 ; was appointed Secretary of State in January, 1874; served as Attorney-General of the State from 1874 to 1876; served as one of the commissioners appointed to revise and codify the laws of Texas from 1877 to 1879, and was one of the judges of the Court of Appeals in the years 1879 and 1880, since which time he has held no public office, but has devoted his attention to the practice of his profession at Waco.


During his term as Attorney-General, apart from any criminal cases in which he represented the State on appeal, and which may be found in the Texas Reports, vols. 40 to 45 inclusive, he represented the State successfully in many civil causes, among others in Bledsoe c. The International Railway Co. (40 Tex 537),


Keuchler c. Wright, 40 Tex. 600,


The Treasurer v. Wygall, 16 Tex. 447,


all involving great interests. Ilis opinions on the bench may be found in the 7th, 8ch and 9th Court of Appeals Reports, among the more im- portant of which are :-


Rothschild v. State, 7 Ct. of App. 519 ;


Jennings v. State, 7 Ct. of App. 350; Hull e. State, 7 Ct. of App. 593; Alford r. State, 8 Ct. of App. 545;


GEORGE CLARK.


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INDIAN WARS AND PIONEERS OF TEXAS.


Kendall v. State, S Ct. of App. 569; Guffee v. State, 8 Ct. of App. 187;


Albrecht v. State, 8 Ct. of App. 216.


As a lawyer he represents important railway and commercial interests, and in a recent controversy between the United States and the State of Texas, in the Supreme Court, involving the title to Greer County, Texas, was of counsel for the State and participated in the argument. Few lawyers in the State enjoy as large and luerative a law practice. He has long ranked among the ablest counselors in the United States. His services in connection with the codifieation of the statutes of the State were invaluable. It was the first work of the kind that was undertaken. The result of the labors of the commission were the Revised Statutes of 1879. The work was so thoroughly done, that, when the legislature provided a few years sinee for a revision of the laws of the State, the commissioners were instructed not to change the general arrangement, nor even the verbiage used by the former eodifiers, where such action was not rendered imperative by later amendments to old, or the enactment of new, laws. No greater compliment could have been


paid to Judge Clark and his colleagues. As Attorney-General and as one of the judges of the Court of Appeals he fully sustained the high repu- tation with which lie came to those positions. Before those important publie offices were con- ferred upon him he had become well known to the people of Texas. In the dark days that followed the war between the States, he was an earnest worker for the re-establishment of honest, constitu- tional government, and took a prominent part in the great popular struggle that resulted in the overthrow of the Davis regime and the restoration of the control of the State to the citizens of Texas. As a soldier, public servant, lawyer and citizen, be has come fully up to every responsibility, and has responded to every duty. As a member of an honor- able profession, he has pursued it with zeal and has devoted to it the full strength of his mind. The people of Texas fully appreciate his high charaeter and important services. They have a very warm spot in their heart of hearts for George Clark and will not forget what he has done until they grow to be grateful only for services they expect to receive.


CHARLES S. WEST,


AUSTIN.


The State of South Carolina, in proportion to her limits and population, has contributed as much, if not more, towards developing and making the State of Texas what she is to-day, as any of her sister States.


'To the judiciary she has sent James Collinsworth, the first Chief Justice of the Supreme Court under the Republic; Hon. Thomas J. Rusk, first Chief Justice of the Appellate Court under the State government and for so long a while her distin- guisbed United States Senator ; Hon. John Hemp- hill, who later filled the same position (from 1846 to 1858) and who, like his predecessor, Gen. Rusk, represented his State in the United State Senate ; then there was Hon. A. S. Lipscomb, also the venerable and esteemed O. M. Roberts and Hon. Charles S. West, the subject of this sketeh, all conspicuous examples of gallant sons of the " Palmetto State " who have adorned the bench of their adopted State of Texas.


.


The father of Judge West, John Charles West,


was a native of North Carolina, who at an early age emigrated to Camden, South Carolina, where he was teller in the old Camden Bank and for two terms sheriff of Kershaw district (now county). He was universally esteemed and respected. On his mother's side Judge West was connected with the Thorntons, Eccles, Copers, Clarks and other old South Carolina families. His mother, Naney Clark Eccles, was a woman of more than ordinary culture and education and possessed literary ability . of the higher order.


In the fall of 1846 young West left Jefferson College, Pennsylvania, and became a student of South Carolina College, then presided over by the celebrated orator, Hon. W. C. Preston. He gradu- ated therefrom in 1848. During the years 1849-50 he was in very needy circumstances and for a living taught a small school for the Boykin family at their Pleasant Hill home, near Camden; at the same time studied law under Hon. James Chestnut, afterwards a United States senator from South


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INDIAN . WARS AND PIONEERS OF TEXAS.


Carolina, who became young West's personal and valned friend. Judge West received his license to practice law in South Carolina on the law and equity sides of the docket, respectively, the former May 13th, 1851, and the latter May 12th, 1852, and began the practice at Camden, but with very inoderate success. About the last of November, 1852, he left his native State and came to Texas, reaching the State November 2, of that year, and located at Austin, which was ever after his home. He reached Austin with but $7.50 in his pocket and that was bor- rowed money, In 185! he formed a law-partner- ship with Col. HI. P. Brewster. He was in 1855, when twenty-six years of age, elected to the legislature from the Austin district, and took a prominent part in the discussion of the issues of those days. In 1856 Hon. John Hancock and Judge West formed what was afterwards the well- known law firm of . Hancock & West and did a large law business, handling heavy land litigation, railroad and other corporation cases. The firm continued up to and during the period of the late war and until 1882, when Judge West became an Associate Justice of the Supreme Court. He was comparatively little in public life, eschewed politics and confined himself closely to his profession. He was for a short while Secretary of State, under Governor F. R. Lubbock. In the constitutional convention of 1875 be represented Travis and a number of adjoining counties, comprising one dis- triet, and served on important committees. Under the act approved July 28th, 1876, Governor Coke appointed Judge West as one of the five commis- sioners to revise the laws of the State and he was chosen chairman of the body. During the late war he served with distinction in the Adjutant- General's department, with the rank of Captain on the staff of Gen. P. O. Hebert and, later, on the staff of Gen. Magruder at the battle of


Galveston and received special official mention for gallant conduct. During the latter years of the war he served on the staff of Gen. E. Kirby Smith and was with him at Jenkin's Ferry on the Sabine river in Arkansas and with Gen. Wm. R. Scurry when that commander was killed in this battle. For gallantry in this battle, Capt. West was promoted to the rank of Major and was assigned to duty in the Trans-Mississippi depart- ment as Judge Advocate-General, which position he ably filled until the downfall of the Confed- eraey. He then returned to his law practice at Austin and in 1874 was admitted to the bar of the United States Supreme Court and argued before that body some very heavy and important cases. In 1859 Judge West married Miss Florence R. Duval, daughter of Judge Thomas II. Duval, for many years United States District Judge for the Western District of Texas.


Her grandfather was Hon. W. P. Duval, first Governor of Florida and the " Ralph Ringwood " of his friend Washington Irving's tales of Brace- bridge IIall.


Mrs. West was an accomplished woman, a charming vocalist and an ornament to society. Judge West was not a member of any religious sect or order, but was a regular attendant of the Protestant Episcopal Church and filled before the late war the office of vestryman of St. David's Church at Austin, Texas. Ile was a generous and kind-hearted gentleman and a just judge. Owing to ill health he resigned his seat on the bench, September 24th, 1885. He died at his home in Austin, October 22, 1885. Mrs. West died No- vember 19th, 1881. They left three sons: Robt. G. West, an able lawyer of the Austin and Texas bar and member of the firm of Cochran & West ; Duval West, at present Assistant United States District Attorney for the Western District of Texas ; and William.


WILLARD RICHARDSON,


GALVESTON.


Willard Richardson was a native of Massachu- setts, born in that State, June 24th. 1802. Ilis father was Zacharia Richardson, a retired capitalist of Taunton, Mass. When fourteen years of age the subject of this memoir and a brother ran away from home in a spirit of boyish adventure, went


South and landed at Charleston, S. C., in the midst of a yellow fever epidemic to which his brother speedily succumbed. Young Richardson shortly thereafter left the plague-stricken city and went to Newberry district, where he taught school in the hope of earning sufficient money to complete lis


.


WILLARD RICHARDSON.


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INDIAN WARS AND PIONEERS OF TEXAS.


education. Ifis manly struggle to attain this he moved his extensive and valuable newspaper worthy end attracted the attention and won for him the friendship of Judge O'Neill, who supplied him the means to complete his course in the State college at Columbia.


He then accompanied Prof. Stafford to Tusca- loosa, Ala., ns an assistant teacher, and devoted his first carnings to the reimbursement of his friend, Judge ('Neill, for whom he ever afterward cher- ished sentiments of the warmest gratitude and esteem. Emigrating to Texas, in 1837, he pro- ceeded to the West and employed himself in locat- ing and surveying lands. He afterwards went to Houston and established a school for young men. Some time there after, Dr. Francis Moore, editor of The Telegraph, who was regarded as one of the most finished newspaper writers then in the State, wished to spend a summer in the North and induced My. Richardson to assume editorial control of the paper. The versatility, force and literary excel- lence of his writings immediately attracted atten- tion, and probably the expression of public appreciation of his efforts had much to do with indneing him to adopt journalism as a profession.


He bout every energy to the upbuilding of the paper and, prudent, cool and persevering, never lost faith in the future of the city and in the country nor in the ultimate suceess of his own efforts. He was not content to keep abreast of the times but, sought to anticipate the general march of progress and development, and move in advance of others. As a result the News almost immediately became a power in the land, a position that it has ever since maintained. He took an active part both with his pen and by liberal contri- butions from his private means, in aiding all worthy public enterprises from old times down to the era that inaugurated railroad building in Texas. He made a powerful effort through the columns of the Vers, devoting whole numbers and large extra edi- tions of the paper to that purpose to induce the adoption by the State of Texas of what was known as the " Galveston Plan," under which the State was asked to patronize a system of roads to diverge from the navigable waters of Galveston Bay into Eastern, Western and Central Texas.


The plan was simple, comprehensive and practi- cable, but was not adopted by the legislature and the State has since struggled on without a system and under many difficulties and distractions in the construction of roads by private companies with State 'aid and complications have resulted that threaten protracted and vexatious litigation and hot civil convulsions in the future. Driven from Gal- veston in the year of 1861-2 by the Federal forces


plant to Houston, where it was a short time there- after entirely destroyed by fire. The establishment was then, as now, by far the most valuable in the State. It was wholly uninsured and there was no chance to replace it in full owing to the blockade ; but he met the heavy loss - probably $50,000 in the original outlay - with entire equanimity and immediately set to work to collect such material as was available; resumed the publication of the paper and kept it up throughout the war, not returning to Galveston until 1866, after the fall of the Confederacy. During the war the News was eminently conservative and outspoken, though devoted to the Southern eause. He did not hesi- tate to denounce the establishment and enforcement of so-called martial law under pleas of military necessity, under which so many private rights were outraged and lawless acts perpetrated on both sides of the contest by those claiming to exereise military authority. It contained well-written and trenchant articles protesting against the arbitrary aets of both the Confederate congress and the military authori- ties at a time when one, whose devotion to the Southern cause was not so well established as that of Mr. Richardson, would not have dared to speak so freely. Nor did he feel bound, like so many editors of the day, to give only such news as was favorable to the South and represented her as triumphant, when in fact the clouds of adverse fortune were lowering upon her banners.


Ile did nothing, however, to discourage any just hopes of his friends. The course that he pursued was to publish the faets as he received them. When the final collapse of the Confederacy came he was prepared for it and ready to render all the aid possible toward the political and material rehabilitation of the country. He neither yielded himself nor desired to see others yield to apathy and despair ; but, both by precept and example, taught that the duty of the hour was to make a vigorous and united effort to repair the ravages of war by the development of the agricultural resources of the State, increasing transportation facilities, culti- vating commercial relations with the other States of the Union and stimulating immigration.


During his long connection with the News, com- meneing as editor in 1813, and afterwards as sole proprietor or partner, Mr. Richardson presented a model of persistent application to business. With- out any ambition to figure in politics, caring noth- ing for ordinary amusements, he found sufficient entertainment in the active pursuits of life andI the literary labors his vocation involved. He was a hard worker, but he loved his work and for the


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INDIAN WARS AND PIONEERS OF TEXAS.


most part was cheered by the successful results of his enterprise and foresight. Whenever he took a stand on any great public question he did so after mature deliberation and adhered to his views with consistency and firmness, apparently as little disturbed by adverse prospects as elated with success. His temperament and mental organ- ism were not such as characterize the partisan or popular politician. He was not capable of viewing a question wholly from one standpoint, but natur- . ally considered it in all its bearings, and if he had prejudices and prepossessions that warped his judgment and influenced his conclusions, they never appeared in anything that he said or wrote. He never indulged in the erimination and recrimina- tion so common to the press in times of political excitement, nor showed prejudice against a person or cause on personal grounds. Neither did he deal in vague generalities or exhibitions of feeling or sentiment. Palpable facts and the most direct and logical conclusions from them constituted the means which he employed to influence public opinion. Raised in the political school of Calhoun and deeply imbued with its principles, he held with constancy to the fixed political opinions of his younger years, firm in the belief that they were well founded and must be ultimately vindicated or the government lose the vital elements of lib- erty. In his manner toward and intercourse with others Mr. Richardson was singularly modest and unobtrusive. With an abiding faith in the future of Galveston and Texas, he invested the proceeds of his business in property that grew in value with the development of the country and spent his money with a liberal hand in the erection of elegant and costly buildings. The first four-story brick building put up in Galveston was erected by him before the war for the office of the News. The opera house and stores connected with it, extend- ing to and adjoining the office of the News, fol- lowed, involving investments which but few men would have ventured to make at that time, but which were all made with the cool calculation of the man of business, as well as the laudable pride of a man who had identified himself with the build- ing up of the eity and was willing to stand or fall with it. He also made other valuable improve- ments in other parts of Galveston and contributed to almost every enterprise for the improvement of the city and its connection with the commerce of the interior.


In former years he sometimes served as alderman and was once elected and served as mayor of Gal- veston, although he had not announced himself as a candidate. Ile declined to run for re-election.


He frequently expressed repugnance to office hold- ing. He had no ambition to occupy a conspicuous position in the public eye, either living or dead, and placed little value upon ostentatious display, pre- ferring the solid and useful to that which is ornate and showy. With the increase of years and the pressure of business he gradually relaxed his edi- torial labors, having for some years prior to his death retired from any active management of the News. Though he found time afterwards to con- tribute to its columns, he had ceased to do so regularly for a long time and held no position in the division of the labors of the establishment.


He took an active interest in the benevolent order of Odd Fellows, of which he was a life-long member and for which he exercised his pen even after he had ceased to labor on the columns of the News. At the session of the Grand Lodge of the United States, held in April, 1874, it was resolved that the history of the order should be written and an appeal was made to members throughout the country for aid in the work. In accordance with a resolution then adopted by the Grand Lodge, Mr. Richardson received the following appointment through the Grand Master of Texas: --


" OFFICE OF R. W. GRAND MASTER, "R. W. GRAND LODGE I. O. O. F. OF THE " STATE OF TEXAS. " WACO, TEXAS, April 24th, 1874.


" By virtue of the authority in me vested, and in compliance with the spirit and object of the on- closed copy of circular letter, I hereby nominate, constitute and appoint you Historiographier of our beloved order in the State of Texas. While you deservedly have the reputation of being the Nestor of journalism in this great and rapidly growing State, you are also esteemed properly by the brothers of this jurisdiction as the father of Odd Fellowship in Texas. No one in my knowledge is more imbued with the cardinal virtues, and has more interest in and zeal for our Order in Texas than yourself, and no one is better prepared to give accurately, thoroughly and attractively the rise, progress and rapid development of Odd Fellowship in Texas than yourself. Hoping that you will accept the appointment, and at once open correspondence with Brother Ridgeley, I am, fra- ternally yours, etc.


" M. D. HERRING, " Grand Master."


This labor of love Mr. Richardson, then seventy- two years of age, at onee set out to accomplish, and the result in a short time was a handsome book


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INDLIN WARS AND PIONEERS OF . TEXAS.


of three hundred and fifty pages, giving a complete history of the Order in Texas, from the opening of the first lodge in Houston, on the 24th of July, 1838, up to 1874, a period of thirty-six years. He held almost every office known to the Order during his long connection with it and his name appears in the list of chief officers of the Grand Encampment of the State, as M. E. G. High Priest for more than one term. For several years successively preceding his death he was Grand Representative to the National Grand Lodge, and held that position at the time of his demise and looked forward with pleasure to the period of the Grand Reunion, which he was destined to never more attend.


Time and space will not permit an examination of the printed archives of the order to trace his varied work in its behalf and he left no personal records of himself in this or in any other respect, though he spoke freely of his past life among his friends. He returned to South Carolina in 1849 and June 6th of that year was united in marriage to Miss Louisa B. Murrell, to whom he had been engaged since early manhood. Mrs. Richardson is a daughter of James and Louisa (Sumpter) Murrell, at the time of her marriage residents of Sumpter, South Carolina, where she was born iu 1819. Her father was a planter. Gen. Thomas Sumpter, of revolutionary fame, was Mrs. Richard-


son's maternal grandfather. The town of Sumpter and Fort Sumpter in Charleston Harbor were named for this distinguished military officer and citizen. He also was a planter.


Mr. and Mrs. Richardson had one child, a daughter, now the wife of Dr. Henry P. Cooke, of Galveston. Dr. and Mrs. Cooke, have one son, Willard Richardson Cooke, born in Galveston, September 6th, 1888.


Mrs. Richardson lives in retirement in the beau- tiful Oleander City by the sea surrounded by a wide circle of friends and in the enjoyment of the companionship of her daughter's family.


Mr. Richardson died at his home in Galveston, July 26th, 1875. Ile was a man who had fixed plans and aims in life and, though he lived to work most of them out to successful results, it is known to his more immediate confidants that he hoped to crown the end of his career with a work that would have inured to the benefit of the people of Texas of after times and conferred enduring benefits on the city which had been the scene of his labors. His name deserves a place among those of the many illustrious men who have in this country adorned the profession of journalism. His char- acter embraced many of the elements of true greatness. He did much for the State of Texas and deserves grateful remembrance at the hands of her people.


THE CARR FAMILY OF BRYAN,


BRYAN.


The Bryan branch of the Carr family in Texas dates back to the arrival of Allan Carr at the town of Old Washington, on the Brazos, in 1858. IIe came from Noxnbee County, Mississippi, and brought with him a family of five children, the wife and mother having died in Mississippi. He remained at Old Washington but a short time, however, when, having purchased a farm on the river in Burleson County, about twelve miles north- west of Bryan, he settled there.


He brought with him from Mississippi one hun- dred slaves, which he worked on his farm until affairs, State and national, became unsettled and then, in 1860, sold them (retaining only a few house servants) to a Mr. William Brewer, of Old Inde.




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