USA > Texas > Indian wars and pioneers of Texas, Vol. I > Part 69
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attributable to him, he having prepared and intro- duced the bill and followed it up to its final pas- sage. Initiatory steps, which met with his cordial approbation and support, were also taken in offer- ing large land donations to induce the early con- struction of railroads. Before the expiration of his term of office, it became necessary for him, on account of ill health, to change his residence, and get away from the malaria of swamps and bayous. Therefore, in the fall of 1854, he moved with his family west of the Trinity river to Waxahachie, then a small village, surrounded by rich undulating prairies, and beautifully situated by the crystal waters of Waxahachie creek. Recovering his health in a few months, his field of practice soon included seven counties. He was reasonably successful both in criminal and civil cases, taking position in the front rank of his profession. Among the more important criminal cases in which he took a prominent part for the defense may be men- tioned those of the State v. Calvin Guest, in Ellis County; A. J. Brinson, in Terrant County; and A. W. Denton, in Parker County, each of whom was indieted for murder, and acquitted after a closely contested and exciting trial. His bright- est laurels, however, were won in the civil prac- tice, more especially in suits involving titles to land. In 1858 he and Col. E. P. Nicholson, of Dallas, formed a copartnership which continued for over two years. They did a large law practice and, in connection with it, engaged in the business of buying and selling exchange, establishing two offices, one at Dallas and the other at Waxahachic, for that purpose. These exchange offices were a necessity at that time to emigrants, traders and merehants, and marked the beginning of banking in North Texas. In 1860 he was one of the nominees of the Ellis County Convention, assembled for the eleetion of delegates to the convention called to meet at Austin for the purpose of considering the question of the seeession of Texas from the Union, but serious domestic considerations compelled him to decline the nomination. In the following year he was elected by a vote of the people to the office of Judge of the Sixteenth Judicial District, which position he continued to fill until the close of the war, believing that by so doing he could the better serve his country, his constitution being too feeble to endure the exposure of camp life. The frontier
JUDGE FERRIS.
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INDLIN WARS AND PIONEERS OF TEXAS.
having receded, his became the border judicial dis- trict. Bands of outlawed desperadoes, here and there, roamed over the country, intimidating the people, overawing the authorities and defying the officials, Judge Ferris' moral and physical courage were often put to the test in the discharge of his official duties, but he rose equal to every occasion. He upheld the supremacy of law and order with un- yielding firmness. At one time threats were openly made against his life should he make an attempt to hold eourt, and organize the grand jury in Parker County. He, nevertheless, proceeded to the county scat under a guard sent to him, opened court on the day appointed, impaneled the grand jury, and fearlessly instructed them as to the duties they were called upon to perform. The lawless characters were indieted and tried in due course of law and the spirit of insubordination fully and effectually erushed. After the war Judge Ferris returned to the more lucrative and, to him, more agreeable business of an attorney, associating W. H. Get- zendaner with him in the practice. In 1868 the banking house of Ferris & Getzendaner was es- tablished, doing a successful and profitable busi- ness. These gentlemen continued to praetiee law and carry on a banking business until 1876, when Judge Ferris withdrew from the bank in favor of his son, Royal A. Ferris, and formed a law part- nership with Anson Rainey, under the firm name of Ferris & Rainey. When the celebrated ease of the International Railroad Co. v. A. Bledsoe, Comptroller, growing out of a peremptory manda- mus suit to eompel that officer to countersign eer- tain subsidy bonds, came before the Supreme Court, Judge Moore, having been of counsel for one of the parties litigant, was disqualified and the eourt, being equally divided, was unable to come to a decision, whereupon Judge Ferris was commis- sioned by Governor Coke to sit as special judge in the ease. After a rchearing he delivered the opin- ion of the court against the railroad company, holding that the comptroller could not be compelled by mandamus to execute the bonds. When a sub- sequent ease came up for hearing before the same court, with Justice Moore upon the bench, it was sought to reverse the ruling made as aforesaid, but such reversal was not permitted long to stand. The law as defined by Judge Ferris was restored as authority by the Supreme Court of Texas, as sub- sequently organized, and it maintains its place to this day in the reports as a correct interpretation of the law. To give even a syllabus of the im- portant cases in which Judge Ferris has appeared as counsel, would swell this sketch beyond prudent limits. It is, perhaps, sufficient to say, that, as a
lawyer and presiding, as well as special, judge, he has gained an honored and permanent position in the profession to which he has so assiduously devoted the best years of his life.
He was elected in 1875 a delegate to the con- vention ealled to frame a new constitution for the State of Texas, and was an active and influential member 'of that body, doing faithful work on several important committees. He was Chairman of the Committee on Railroads, and the article on that subjeet prepared and reported by him, was adopted without opposition. While it gave every encouragement to railroad building, it also eon- tained wise provisions designed to keep railway companies well within the control of legislative authority.
IIe was one of the five commissioners appointed by Governor Coke, in 1875, to digest, amend, and revise the statutory laws of the State. It was the first revision attempted after the annexation of Texas to the United States. The laws constituted a confused mass, being very imperfect and, in numerous instances, conflieting. The work, al- though intricate and difficult, was accomplished in a satisfactory manner, and with credit to the commission. The high appreciation plaeed upon the labors of the commission is evideneed by the fact that the commission more recently appointed to redigest the laws was enjoined by law not to ehange, or alter any word or sentenee, or even the punctuation, used in the former revision. The workmanship of Judge Ferris is more particularly exhibited in the articles on "Public Lands," " Statute of Frauds," "Trespass to Try Title," "Foreible Entry and Detainer," "Registration," and cognate titles.
He was one of the delegates from Texas to the National Democratic Convention, held in Chieago in 1884, and was an active supporter of Grover Cleveland for the presidential nomination. The triumphant success of the party afterwards under the leadership of Mr. Cleveland, attested the wisdom of his selection by the convention as the party's standard-bearer.
About this time Judge Ferris gave up all aspira- tions for office. He has sinee seemed to shun the public service, preferring the peaceful walks of a quiet domestic life. He also soon began to retire from the practice of law. The banking house of Ferris & Getzendaner was converted into the Citizens National Bank of Waxahachie, of which Judge Ferris is a large stockholder. He has been one of the board of directors ever since, was presi- dent of the bank for two years, and is now its vice- president.
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INDLIN WARS AND PIONEERS OF TEXAS.
Influenced by an early attachment, he returned to Kentucky in 1850, and married Miss Mattie J. Crow, a daughter of Mr. A. D. Crow, of Floyds- burg, in that State, - a most beautiful lady and distinguished for many lovable qualities. She voluntarily left the "old Kentucky home" with her husband to brave the hardships of a frontier life in Texas, and has ever been a faithful helpmate as well as a loving and devoted wife. They have two sons : Royal A. Ferris, born August 8th, 1851, in Jefferson, Texas, who was educated at the Ken- tucky Military Institute, near Frankfort, Ky., and is now a successful eapitalist and banker in Dallas, Texas, and Thomas A. Ferris, born February 10, 1861, in Waxahachie, Texas, who was also educa- ted at the Kentucky Military Institute, and is now cashier and one of the board of directors of the Citizens National Bank, of Waxahachie.
Judge Ferris has been a consistent member of the Methodist Episcopal Church South for many years. Though not a demonstrative church worker he has ever exerted a strong, steady influence in favor of Christianity. His daily walk and eon- versation have been exemplary and have indicated at all times with certainty his position on all moral and religious subjects. He and Mrs. Ferris by industry and economy have acquired a handsome estate and are heavy taxpayers, owning a goodly share. of eity and country realty. They have a beautiful home, in the suburbs of Waxahachie, supplied with a large library and every comfort - a home blessed with pure domestic happi- ness. Honored and beloved by all who know- them, they are in their old age deservedly enjoy- ing the fruits of a consistent and well-ordered life.
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R. S. WILLIS,
GALVESTON.
Richard Short Willis was born October 17, 1821, in Caroline County, Md., where his father, Short A. Willis, settled early in the present century. The latter was a native of Scotland and was brought by his parents to this country previous to the Revolution, in which several members of the family took part on the side of the Colonies, two uncles of the subject of this sketch yielding up their lives at the battle of Brandywine for the cause of free- dom and against the tyranny of the British Crowu.
Four of the five sons of Short A. Willis, namely, Peter J., William H., Richard S., and Thomas A., came to Texas in youth or early manhood and have spent their subsequent lives. The first to come was Peter J., who made his advent into the new Republic soon after the battle of San Jacinto, in 1836. After a brief tour of inspection he became satisfied with the country and returned to Maryland for his brothers, William Il. and Richard S., who, accompanying him, came back and settled on Buf- falo bayon near Houston. Peter J. had then just attained his twenty-first year, William H. was eighteen, and Richard S. sixteen. In the limited industries of the new country the lives of the Willis brothers was by no means an easy one, but they bravely performed all the labors that fell to their lot, emerging from the trials to which they
were subjected stronger in purpose and better pre- pared for the responsibilities of the future. By their industry and good management they saved sufficient means to purchase the property then known as the " Ringold Farm " on the road from Navasota to Washington, and there, as the reward of their good husbandry, they laid the foundation of the splendid fortune which later came into their hands. It was while living on this place that the death of William H. occurred. Early in the forties Peter J. Willis bought a stock of goods and began the mercantile business at Washington, Richard S. remaining on the farm. Later Richard S. left the farm and joined his brother and they opened an establishment at Montgomery. This proving successful they started a branch store at Anderson, in Grimes County, in partnership with E. W. Cawthon, under the firm name of Caw- thon, Willis & Bro. With increased success they were enabled to still further extend their field of operations, and just previous to the opening of the late war they formed a partnership with S. K. Mellheny, under the name of Mellhieny, Willis & Bro., and opened a house at Honston. This firm grew to be one of the most commanding in the State, and, notwithstanding the general business paralysis which followed the war, it con-
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INDIAN WARS AND PIONEERS OF TEXAS.
tinued active operations throughout the entire period of hostilities, met all its obligations and emerged from the almost chaotie condition of affairs sound and solvent. Upon the close of the great struggle Mr. Mellheny went to Laredo, Mexico, and died there while a member of the firm, after which the Willis brothers purchased his interest and continued the business under the firm name of P. J. Willis & Bro. The Montgomery store was sold out at the close of the war, at which time the Houston enterprise began to assume much larger proportions. Seeing what they be- lieved to be an excellent opening at Galveston they started a store at that place. This branch of their business soon eame to engross most of their time and capital and in 1868 they decided to consolidate their interests and aceordingly removed to Gal- veston. From that date their operations were confined to their Galveston business, and not only this business but many other enterprises of a public and private nature in that city were made to feel the strong propulsion of their sturdy common sense and sterling business ability.
To Mr. Richard S. Willis fell the inside care and management of the large and ever-increasing busi- ness of the firm, and to his labors in this connec- tion lie bent every energy, with the result of becoming a thorough master of his situation. Indeed later on when upon the death of his brother, Peter J. Willis, in 1873, the entire care and management of the business devolved on him, he could not be persuaded that the increased responsibilities resulting therefrom were too labor- ious and exacting upon him, until ill-health com- pelled him to discontinue the devotion of his personal supervision, judgment and valuable ex- perience entirely to the affairs and details of the business. He was an indefatigable worker all his life and not until physical infirmities obtained the mastery over his iron will was he able to pull against the current of his earlier days. He served in various positions of trust and his name was connected from first to last with many corporate enterprises in the city. He was president of the Galveston National Bank, having brought the affairs of its predecessor, the Texas Banking and Insurance Company, to a successful termination. He was one of the promoters of the Gulf, Colorado and Santa Fe Railway, and for some years a mem- her of its directory. He was chairman of the Deepwater Committee, a prominent member of the Cotton Exchange and of the Chamber of Com- merce ; president of the Texas Guarantee & Trust Company, and a member of the directory of the Southern Cotton Press and Manufacturing Com- pany. Mr. Willis was devoted to business and no
man ever left his affairs in better shape or knew more about the details of every enterprise with which he was connected. He was of rather reserved disposition and of marked individuality, possessing strong prejudices either for or against men and measures; but, withal, generous and confiding where such feelings were required.
On June 3d, 1847, at Montgomery, Texas, Mr. Willis married Miss Narcissa Worsham, a native of Merengo County, Ala., born August 29, 1828, and a daughter of Jeremiah and Catherine Wor- sham, who emigrated to Texas in 1835, and settled in what is now Montgomery County, three miles from the present town of Montgomery. Jeremiah Worsham was a well-to-do planter and a highly respected citizen. One of his sons, Isvod Wor- sham, represented Montgomery County in the State Legislature and was a man of stirring business ability. Mrs. Willis has a sister, Mrs. C. H. Brooks, wife of Rev. C. H. Brooks, residing at Chappel Hill, in Washington County, the remainder of the family to which she belonged having passed away. Mr. Willis died July 26, 1892.
Besides his surviving widow he left two sons and two daughters: Short A. Willis, of Galveston ; Mrs. Kate Grigsby, of Louisville and Bardstown, Ky. ; Mrs. F. A. Walthew, and Richard M. Willis, Galveston; a daughter, Laura (Mrs. James G. Moody), and a son, Lee W. Willis, preceding the father to the grave, the former dying in 1886, the latter iu 1888.
The widow of this pioneer merchant is herself one of the oldest Texians now residing in the city of Galveston, having lived on Texas soil continu- onsly for sixty years. Coming to the country while it was yet Mexican territory, she has lived to see many changes and has witnessed both the peaceful and violent revolutions which have gone on around her, having lived under five different governments - that of Mexico, Texas, the United States, the Confederate States, and again that of the United States. She has witnessed the gradual expulsion of the red man and the steady advance- ment of the white race. She saw the country change from a dependeney to an independent republic and was not an uninterested spectator when the new but vigorous republic asked for ad- mission to the American Union. She witnessed the movement that made Texas free, and the peaceable settlement by which it became one of the sister- hood of States.
Mrs. Willis has led an eminently domestic life, but since the death of her husband has given more or less of her attention to business, with the result of keeping his business in the same admirable con- dition in which he left it.
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INDIAN WARS AND PIONEERS OF TEXAS.
JUDGE WILLIAM PITT BALLINGER,
GALVESTON.
The distinguished subject of this sketch was born in Barboursville, Knox County, Ky., September 25, 1825, and died at his home in Galveston, Texas, January 20, 1888.
His grandfather, Col. Richard Ballinger, was a native of Virginia. and an Aide-de-Camp of Gen. St. Clair at the time of that officer's defeat by the Indians. Hle settled early in Kentucky; was the first clerk of Knox County ; was, later, a member of the State Senate ; lived to a great age, and sus- tained throughout the highest personal eharaeter.
His father, James Franklin Ballinger, was a native of Barboursville, Ky., and, for the greater part of his life, clerk of the courts of Knox County. A soldier of the War of 1812, at the age of seventeen years lic was taken prisoner upon Dudley's defeat, and foreed to "run the gauntlet " for his life. He was a presidential eleetor on the Whig ticket in 1837. He removed to Texas in 1868, and died at Houston in 1875, in the eighty-second year of his age.
W. I'. Ballinger's early education was derived from the schools of his native town; a two years' course in St. Mary's College, near Lebanon, Ky., and a faithful training in his father's office in the practical details of eourt business. His health re- quiring a milder climate, in 1843 he availed of the invitation of his uncle, Judge James Love, of Gal- veston, Texas, and moved thither, beginning the study of the law in that gentleman's office. Join- ing, as a private soldier, a volunteer company for the Mexican War, he was soon elected First Lieu- tenant of the company. Afterwards appointed Adjutant of Col. Albert Sidney Johnston's Texas Regiment, he participated with it in the storming of Monterey, and in other service. Returning to Gal- veston in the fall of 1846, he was admitted to the bar in the spring of 1847 and began the practice of law. His prompt admission to partnership in the firm of Jones & Butler, then enjoying the lar- gest practice in the eity, engaged him at once in the most important cases in the courts.
In 1850, upon the recommendation of the judges of the Supreme Court, and others, he was ap- pointed United States District Attorney for the District of Texas, and discharged the duties of that office with characteristic efficiency. In the same year he was married to Miss Hallie P. Jack, daughter of William II. Jack, lawyer, statesman and soldier of Texas long before "its birth as a
nation." In 1834 he entered into that long endur- ing and mutually fortunate copartnership with his brother-in-law, Col. Thos. M. Jack, which made the firm name of Ballinger & Jack so broad in its fame, and so conspicuous in the annals of the bar. The memories of lawyers and of judges, the reports of the appellate courts, the records of the trial courts, the traditions of the people - all testify to the impress made upon their times of this emi- nent assceiation of learning and eloquence. After many years these gentlemen admitted to partner- ship Hon. Marcus F. Mott, and the firm style became Ballinger, Jack & Mott. Col. Jack dying, the survivors associated with themselves Mr. J. W. Terry, under the style of Ballinger, Mott & Terry. Later, upon the assumption by Mr. Terry of the attorneyship of the Gulf, Colorado & Santa Fe Railroad Company, the new firm of Ballinger, Mott & Ballinger was formed, composed of Judge Bal- linger, Mr. Mott and Mr. Thomas Jack Ballinger, only son of the senior, and was dissolved only by the latter's death.
The subject of our sketch was tendered a justice- ship of the State Supreme Court, by Governor E. J. Davis, in 1871, but declined it; and again, in 1874, was appointed to the bench of that court by Governor Coke; but, constrained by the demands of his private engagements, he resigned the office upon the very day of his confirmation. In 1877, he was recommended by the Governor and all the judges of the higher courts, and by the Texas delegation in Congress, for appointment by the President to the vacancy on the bench of the Supreme Court of the United States, caused by the resignation of Judge Davis; but sectional spirit was too powerful at Washington to admit of his nomination to that high post. In 1879, Gov- ernor Roberts tendered him the office of Com- missioner of Appeals, but he could not be induced to accept it.
With the hope of rendering service to the State, he was prevailed upon to serve as a member of the Convention which framed the State constitution of 1876, and found his fitting sphere of labor as a member of the Judiciary Committee of that body. His views on many important questions were not in accord with those entertained by a majority of the Convention. He was opposed to an elective judi- ciary, as baneful and corrupting to the administra-
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INDIAN WARS AND PIONEERS OF TEXAS.,
tion of law ; to short terms and inadequate salaries, believing that the tenure and compensation of judges should be such as to place them above the methods of the hustings and secure them against the cruelties of poverty, and to invite the best equipped and most efficient lawyers to the service of the State. Failing to affect the Convention with these convictions, he opposed the constitution adopted by that body and voted against it at the polls.
A Whig so long as the Whig party maintained dis- tinctive organization, Judge Ballinger always ad- hered to its main political tenets. Opposed to secession, yet, when it had been accomplished, his heart turned with devotion to his own people and with them he resisted to the last the war made upon the South by the Federal government. One of a committee sent to Richmond by the people of Gal- veston to obtain tlie armament necessary to the defense of their city, he was, while on this mission, appointed Confederate States Receiver, and served as such until the war ended. With Col. Ashbel Smith, he was, after the surrender of Gen. Lee's army, sent by Governor Murrah to New Orleans to negotiate for surrender by the State and to prevent, if possible, its occupation by the Federal army. Returning to Galveston, he resumed the practice of law, devoting himself to it faithfully until his death. Although out of politics in the sense of seeking its emoluments, he maintained a hearty interest in all publie questions, and valued, as one of the dearest attaching to citizenship, his right of free suffrage. While independent in his consideration and judg- ment of political measures, he voted with the Democratic party.
Perhaps no lawyer of Texas ever gave greater labor and more distinctive devotion to the science and practice of the law than he ; or more proudly realized the power, usefelness, ends and majesty of that science; or gathered more abundantly of its rewards and honors, or deserved them more.
.Sagacious as an adviser ; laborious and exhaus- tive in preparation, taking nothing for granted and yielding not to the unproved dicta of names howso- ever imposing ; spirited and uncompromising in ad- vocacy ; learned in the reason and in the philosophy of the law, as few men are, he brought to the ser- vice of his clients and to the aid of the courts a professional equipment furnished with every weapon of forensic conflict.
To his fellows of the bar he habitually manifested that warmth of personal interest and concern so engaging and grateful between associates in the same profession, and they respected him as a lawyer not more than they admired him as a companion and prized him as a friend.
Fitted by fortune, inclination and personal ac- complishments for the gracious arts of hospitality, nothing pleased him more than the presence of friends at his lovely and typical Southern home ; and it may be doubted whether any member of the bar of Texas ever imposed upon others so many and so delightful social obligations.
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