USA > Texas > Dallas County > Memorial and biographical history of Dallas County, Texas > Part 18
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Following a four days' election, commenc- ing on the first Monday in December, 1869, this constitution, by the military commander, was deelared ratified by a majority of those permitted to vote. At the same time and by the same authority a full set of State, district and county officers were declared eleeted. But this new constitution and the officers so elected, including that rara avis in American government, the twelfth legislature assumed legal effect only on the 30th day of March, 1870. Under this regime Dallas, Collin and Tarrant constituted a senatorial district and were entitled to three representatives. Samuel Evans, of Tarrant, was the senator till 1873, when Amzi Bradshaw, of Ellis county, was elected, the district, under the census of 1870, having been changed to Dallas, Tarrant and Ellis.
In February, 1876, under the new (pres- ent) constitution, Robert S. Guy, of Lancaster, a elear-headed lawyer and an ex-captain of the Confederate army, was elected senator from Dallas, Tarrant and Ellis counties, and served for four years with marked fidelity. He was succeeded in 1880 by Anson Rainey, of Ellis county, in 1882, under a new appor- tionment, by Barnett Gibbs, of Dallas, and in 1884 by Joseph O. Terrell, of Kaufman, who was succeeded by R. S. Kimbrough, of Mesquite, Dallas county, the present incum- bent,
SENATORS FROM 1846 TO 1866.
In 1846, when Dallas county was created, Joseph L. Hogg, of Nacogdoches, represented in the senate the east half of the county, and
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HISTORY OF DALLAS COUNTY.
Henry J. Jewett, of Robertson county, the west half.
In 1849, in a new district, Albert G. Walker, of Dallas, was elected over John Il. Reagan (present United States senator), of Anderson, the senatorial term being four years. In 1851 Walker resigned and Samuel Bogart, of Collin county, was elected to fill the nnexpired term.
From 1853 to 1857 Jefferson Weatherford, of Dallas county, was senator. From 1857 to 1861 Albert G. Walker, of Tarrant, was senator. From 1861 to 1865 Jefferson Weatherford again served.
REPRESENTATIVES OF DALLAS COUNTY-1847 ro 1887.
1847-9, Wm. M. Cochran; 1849-'51, Jef. ferson Weatherford; 1851-'53, John M. Crockett; 1853-'59. three terins, Andrew Jackson Witt; 1859-'61, Nicholas H. Darnell; 1861-63, James P. Thomas, resigned in 1862 and James P. Goodnight elected ; in 1863-'65, George Wilson, resigned and John C. McCoy elected; in 1865, no election; 1866, under new constitution, Nathaniel Burford and Arehelans M. Cochran; 1869-'72, under re- construction constitution, John W. Lane; in 1872-'73, John Henry Brown, of Collin dis- triet, Tarrant and Dallas; 1873- 75, John II. Cochran, in district; 1876, under new constitu- tion, John H. Cochran and J. T. Downs ; 1878, John 11. Cochran, speaker of the house, and John W. Daniel; 1880, John W. Daniel and Thomas F. Nash; 1882, John II. Cochran and Thomas F. Nash; 1884, R. S. Kimbrough and Z. Ellis Coombes; 1886, Jesse M. Strong and
J. C. Rugel; 1888, Jesse M. Strong and - Rowland; 1890-'92, John II. Cochran and - Rowland.
OTHER OFFICERS.
In regard to State and other officers, citizens of Dallas have filled the following positions: From 1861 to 1863, during the war, John M. Crockett was Lieutenant Governor; from 1884 to 1886, Barnett Gibbs was Lieutenant Governor.
From 1880 to 1887 James Madison Hurt was judge of the Court of Appeals, and for a second term has some time yet to serve.
Sawnie Robertson was appointed in 1884 to fill a vacancy in the Supreme Court, and served till the next election, but refused to serve further.
From 1878 to 1886 Olin Welborn repre- sented this district in Congress, his last term expiring Mareh 3, 1887, soon after which he removed to and settled in San Diego, Cali- fornia.
Reuben A. Reeves, for a number of years a judge of the Supreme Court, at one time resided in Dallas, but not at the time of his election. In 1887, he was appointed by President Cleveland a judge of the Supreme Court of New Mexico, and now resides there. Being absent it is admissible to say that all Texas indorsed the appointment of Judge Reeves as eminently judicious. Ile is thoroughly qualified, and a more modest and honest gentleman does not exist.
FIRST PRECINCT BOUNDARIES.
The first division of Dallas county into preeinets was made by John Neely Bryan, the county being divided into seven precincts, with boundaries as follows:
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HISTORY OF DALLAS COUNTY.
Precinct No. 1 .- Commencing at the month of Five-Mile creek, thence up said creek to the source of North prong; thence north to west fork of Trinity; thence down said stream to month; thence up the Elm fork to mouth of Thompson's creek; thence up said creek to the source of South fork; thence east to the divide road east of White Rock; thence with said road to the mouth of White Rock; thence down Trinity river to beginning.
Precinct No. 2 .- Comunencing on the West fork at the western boundary of Pre- cinct No. 1; thence south with said boundary to the Mountain road; thence with said road to the southern boundary of the county; thence west with said boundary to corner; thence north with western boundary of the county to the West fork; thence down said stream to the beginning.
Precinct No. 3 .- Commencing at the mouth of the West fork; thence up said stream to the western boundary of the county; thence north with said boundary to corner; thence east with the northern boundary of the county to the Elm fork; thence down said stream to beginning.
Precinct No. 4 .- Commencing at the month of Thompson's creek; thence up said creek to the source of Sonth fork; thence east to the divide road cast of White Rock; thence up said road to the northern boundary of the county; thence west with said northern boundary to the Elm fork; thence down the Elm fork to the beginning.
Precinct No. 5 .- Commencing at the northeast corner of the county; thence west with the northern boundary of the county to the divide road east of White Rock; thence south with said road to where it crosses the national road; thence east with said national road to the eastern boundary of the county;
thence north with said eastern boundary to beginning.
Precinct No.6 .- Commencing at the south- east corner of the county; thence north with the eastern boundary of the county to the national road; thence west with said road to where it crosses the Divide road; thence with said road to the month of White Rock; thence down the Trinity to the southern boundary of the county; thence cast with said southern boundary to beginning.
Precinct No. 7. - Commencing at the month of Five-Mile creek; thence np said creek to the source of the North fork; thence west to the Mountain road; thence sonth with said road to the southern boundary of the county; thence east with said southern boundary to the Trinity river; thence up said river to beginning.
The above precincts were laid off in the early part of July, 1846, the description of which, as above given, being recorded on the 20th day of July, 1846. The above boundary lines of these precincts have many times been changed since they were thus located, and the county is now divided into eight pre- cincts (justices'), the boundaries of which will not here be given, as they can be dis- cerned by reference to a map of Dallas county. The towns included in the different precincts, however, are as follows: Precinct No. 1, the city of Dallas and suburbs and Calhoun; Pre- cinct No. 2, Farmers' Branch, Carrollon, Trinity Mills and Richardson; Precinct No. 3, Rose Hill, Pleasant Valley, Garland, New Hope and Reinhardt; Precinct No. 4, Scyene, Mesquite, Haught's Store, Seagoville and Kleburg; Precinct No. 5, De Soto, Hutchins, Wilmer, and Lancaster; Precinct No. 6, Duncanville and Cedar Hill; Precinct No. 7, Lisbon, Eagle Ford, Grand Prairie and Oak Cliff; Precinct No. 8, Sowers.
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HISTORY OF DALLAS COUNTY.
There are fifty-soven voting preeinets in the county, each of the above named towns and surrounding territory constituting a vot- ing precinet, except the city of Dallas, in which each ward is a voting precinet, there being twelve wards in the city. Besides these there are others which are not here named, as they are places of minor import- ance.
FIRST RECORDS.
The first marriage in the county after its organization was Crawford Treeee to Annie M. Kimmel, by Justice W. H. Hord.
The first deed, dated October 7, 1846, authenticated before William B. Ochiltree, district judge, November 12, and recorded November 20, was from John Neely Bryan and his wife, Margaret, to Henry Harter, to lots 5 and 6, block 3, in the town of Dallas.
A bill of sale from the sheriff was recorded June 19, 1847, to a " runaway " slave named Henry, who, being duly advertised according to law and unclaimed, was sold to S. G. New- ton and William J. Walker, for $350.
George W. Cox was married to Mary Car- ver, August 30, 1846, by Joseph Key.
The first marks and brands recorded were those of John Neely Bryan, John Beeman and John Young, on the 28th day of Septem- ber, 1846.
The first will was that of J. A. Simmons, and was recorded July 23, 1846.
A bill of sale dated March 17, 1844, of a negro woman, Jane, made by Edward Wel- born to John Young, and was recorded An- gust 9, 1846.
EARLY RECORDS OF THE COURTS.
The first records of a marriage in the county after its organization was Crawford Trecce to Anna Minerva Kimmel, and as the
record is one of the oldest in the county we will give it in full:
STATE OF TEXAS, { To any regularly ordained DALLAS COUNTY. S minister of the gospel, dis- triet judge or any justice of the peace for the connty :
You are hereby authorized to solemnize the rites of matrimony between Crawford Treece and Anna Minerva Kimmel and due return make to me according to law, this 20th of July, A. D. 1846.
WM. M. COCHIRAN, C. C. D. C.
I hereby certify that I solemniz ed the rite of matrimony between Crawford Trecce and Anna Minerva Kimmel on Wednesday, 23d day of July, A. D. 1846.
AARON B. WILSON, J. P.
Following the above license and certificate on the record appears this indorsement:
MR. COCHRAN, Clerk of the Court for County of Dallas:
Sir: This is to let you know that I am willing that my daughter, Anna Manervy, shall be united in matrimony to Crawford Treece.
KATHRINE KIMMEL.
July 20, 1846.
The above license was issned on Sunday; and on same day it was exceuted,-the 23d day of July, 1846,-a license was issued to J. T. Miller and Sarah Hanght, and also to Joseph Graliam and Catherine Kimmel, the inother of the lady who was one of the parties to the first marriage.
In the same old record appears the record of the marriage of William P. Overton and Martha Ann Newton. William P. Overton was one of the Dallas county pioneers, and is still living in the county, a few miles sonth- west of the city of Dallas.
The first bill of sale recorded in the county, August 9th, 1846, was from Edward Welborn to John Young, and is as follows:
I have this day sold to John Young, a negro woman named Jane, and child, aged
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HISTORY OF DALLAS COUNTY.
about twenty years, which said negro I war- rant to be sound both in body and mind, and a slave for life. The said John Young, in consideration of said property, has this day paid to me the sum $400. I bind myself to warrant and defend the title of said negro unto said Young, his heirs and assigns for- ever.
Given under my hand this 17th of March, 1844.
his
EDWARD X WELBORN. mark
Appeared before me, Charles H. Durgan, deputy clerk for Dallas county, Mary Ann Young, and after being duly sworn sayeth she saw Edward Welborn sign the within bill of sale and acknowledge the same to be his act and deed and done for the purposes therein named.
Given under my hand this 9th day of Au- gust, A. D. 1846.
The first land patent was recorded Septem- ber 1, 1846: "Anson Jones, President of the Republic of Texas, to Samuel Monroe Hyde, 640 acres of land on White Rock creek in Dallas county, near the military road from Anstin to Red river;" and on the same day was recorded a power of attorney from Samnel M. Hyde to his father, John H. Hyde, to sell the above section of land patented to him by the Republic of Texas, which power of attor- ney reads as follows:
" STATE OF TEXAS,
" COUNTY OF NACOGDOCHES.
" Know all men by these presents: That I, Samuel Monroe Hyde, do hereby nomi- nate and appoint my father, John H. Hyde, my true and lawful agent and attorney for me, and in my name to sell and iu a lawful and complete manner convey my headright of land, containing 640 acres, located, sur- veyed and patented in my name, lying in the
new county of - , upon such terms as to the said John H. may seem meet, hereby ratifying and confirming all the acts of my said attorney in the premises. Given under my hand and scroll, by way of scal, on this 25th day of May, A. D. 1846.
"S. MONROE HYDE."
SEAL.
" THE STATE OF TEXAS,
" NACOGDOCHES COUNTY. S
" Personally appeared before the under- signed authority, S. Monroe Hyde, and acknowledged that he executed the above power of attorney for the use and purposes therein expressed. Given under my hand and seal of office at Nacogdoches this 25th day of May, A. D. 1846.
"W. W. WINGFIELD,
"Chief Justice and ex officio Notary Pub- lic Nacogdoches County."
The first mark and brand recorded was that of William P. Carder, which was dated Angust 7, 1846, and recorded September 1, 1846, and reads as follows:
" STATE OF TEXAS,
" COUNTY OF DALLAS.
"This my ear mark for cattle, hogs and sheep: a smooth crop of the right ear and a swallow fork in the left ear.
" WILLIAM P. CARDER. "August 7, 1846."
The first will was that of J. A. Simmons, which was recorded September 17, 1846, and reads as follows, viz .:
" STATE OF TEXAS, July 23, 1846. " COUNTY OF DALLAS. S
"I, J. A. Simmons, considering the uncer- tainty of this life, and being weak in body yet of sound mind and memory, do make and publish this my last will and testament,
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HISTORY OF DALLAS COUNTY.
to wit: that is to say, I do give and bequeath to my son Josephi, choice of my horses, sad- dle and bridle, one head. Secondly, I do give and bequeath unto my beloved wife, Hannah S. Simmons, all the rest of iny property, both real and personal, and all money that I have on hand or may have coming to me in any way, during her natural life, and at her death it is my will that after giving to the younger children equal to what I have given the five oldest, that the rest be equally divided amongst all my children; and lastly I do hereby appoint Hannah S. Simmons my sole executor, to act without giving seenrity in any way and be at liberty to move property where she pleases.
" Witness my hand and seal.
"J. A. SIMMONS."
SEAL.
"Acknowledged, sealed and delivered in presence of
"JOHN G. GLIDEWELL, "DANIEL FREEMAN."
" STATE OF TEXAS,
" COUNTY OF DALLAS. S
" September 17, 1846, personally appeared before me, William M. Cochran, at office, Daniel Freeman, and made oath in due form of law that he seen J. A. Simmons sign the within will for the purposes therein named, and that the said J. A. Simmons was of sound mind when he signed the same day and date above written. Witness my hand and private seal, having no seal of office.
" WILLIAM M. COCHRAN, "County Clerk Dallas County."
The first deed recorded in the county was from John Neely Bryan and wife to Henry Ilorter, dated October 7, 1846, authenticated before William B. Ochiltree, district judge, November 12, 1846, conveying lots 5 and 6
in block 3, in the town of Dallas, for a con- sideration of $160. It was recorded on the 28th day of November, 1846.
Among other things of interest in the first records can be found an oddity in the form of a bill of sale to a runaway slave, recorded June 19, 1847, which reads as follows:
" STATE OF TEXAS,
" COUNTY OF DALLAS. S " Runaway Slave Henry, sold by Sheriff.
" To all whom it may concern: Know ye that by virtue of the power in me vested by law, concerning the sale of runaway slaves in this State, I, John Hewitt, sheriff of Dal- las county, State aforesaid, have this day sold at publie outery, at the courthouse in the town of Dallas, county aforesaid, a negro man named IIenry, a runaway slave, said slave having been in my custody, and due notice given of the fact according to law. Now, this is to say that for the sum of $350, cash in hand to me paid, S. G. Newton and William J. Walker became the purchasers, and they have according to law all right to keep, sell or dispose of said Henry, a slave, in any way for their own or their heirs' in- terest and benefit.
"Given under my hand this the 11th day of May, the year of our Lord 1847.
" JOHN HEWITT, "Sheriff Dallas County, Texas."
DISTRICT JUDGES OF DALLAS. 1846 To 1847.
After the creation of district courts in the State, the following district judges presided over the district courts of Dallas county, although residing elsewhere than in the county, as their district embraced a large ter- ritory from 1846 to 1856.
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HISTORY OF DALLAS COUNTY.
William B. Ochiltrec, father of the illus- trions Colonel Thomas P. Ochiltree, held the first eourt in the county, and was followed by Amos Clark, Bennett II. Martin, and John H. Reagan. N. M. Burford was elected judge in 1856, of a new district created in 1852.
John W. Ferris of Ellis county succeeded Burford, and held same until the election provided under the constitution of 1866.
Then followed John J. Good, of Dallas, who was chosen and held the same until re- moved in 1867, by the authorities during the reconstruction days, claiming that he was " an impediment to reconstruction."
D. O. Norton, of Parker connty, was ap- pointed in his stead, and, he having been removed by death, A. Banning Norton of Dallas, was appointed to the office. He served until 1870, when Governor Davis appointed C. T. Garland. Garland was fol- lowed by Hardin Hart, who resigned in 1873. Hickerson Barsdale of Dallas followed Hart. N. M. Burford was elected in 1876, and served until about July, 1877, at which time, he having resigned, Governor Hubbard ap- pointed Zimri Hunt his successor. Then George N. Aldridge, in 1878, was elected, and served until 1888.
In 1888, Robert Emmett Burke was elected, and his term of office will last until November, 1892.
Dallas county being one of the most popu- lous counties in the State, and the city of Dallas, having grown to such proportions as to be very justly denominated the " metropo- lis of the State," the vocations of her citizens, have correspondingly become numerous; and
as different men see different things in differ- ent light, litigation also kept pace with the rapid growth and numerous industries of the city and country, and the necessity for more conrts became obvious; and to that end a bill for the division of Dallas county into two judicial districts was introduced into the Twenty-first Legislature of the State, which convened at the city of Austin, January 8, 1889. The bill passed both branches of the legislature and became a law, and the result was the establishment of an additional dis- trict court known as the district court of the Forty-fourth Judicial District of Texas; and the south half of Dallas county, or that part sonth of the Texas & Pacific railroad, which is supposed to divide the county equally, passing through from east to west, is the dividing line of the two districts.
Hon. Charles Fred Tucker was appointed to the office of judge of this new court, by Governor Ross, and served out his term, and so popular was he as a district judge that he was elected, at the general election in Novem- ber, 1890, to succeed himself without oppo- sition. So the reader will see that Dallas county now has two district courts in almost continnous session, and a county court, which have both civil and criminal jurisdiction. The term of office of district judges is for four years.
Below is given the act of the legislature creating the forty-fourth judicial district of Texas, and thereby making two judicial dis- tricts of Dallas county, and giving her two district courts.
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HISTORY OF DALLAS COUNTY.
JUDICIAL DISTRICTS-FOURTEENTHI AND FORTY- FOURTII- DALLAS COUNTY.
Chap. 128 [S. B. No. 8]. An act to amend section 14 of an act to redistrict the State into judicial districts, and fix the terms for holding courts thercin, and to provide for the election of judges and district attor- neys in said districts at the next general elec- tion, to be held on the first Tuesday after the first Monday in November, 1884, approved April 9, 1883; to create the Fortieth Judicial District of the State of Texas, fix the time for holding conrt therein, and provide for the appointment of a district judge for said dis- trict, approved March 27, 1885; to create the Forty-fourth Judicial District of the State of Texas, fix the times for holding court therein, and to provide for the appoint- ment of a district judge for said district.
SECTION 1. Be it enacted by the Legisla- ture of the State of Texas, That section 14, of the above recited Act, approved March 27, 1885, be so amended as hereafter to read as follows:
SECTION 14 [1] .- All that part of Dallas connty lying north of the following line, viz .: beginning at the point on the east boundary line of said county, where the same is inter- sected by the center of the track of the Texas & Pacific railroad; thence in a western direc- tion, with the center of the track of said railroad to a point in the city of Dallas where the same is crossed by Jefferson street ; thence in a sonthern direction along the center of said street, to a point directly oppo- site to the center of the courthonse situated
in said eity; thence in a western direction, directly through the center of said court- honse to the Trinity river; thenee np said river to the point where the same is crossed by said railroad; thenee in a western direc- tion with the center of the track of said rail- road to the point where the same crosses the western boundary line of said county, shall constitute the Fourteenth Judicial District; and the district conrt shall be begun and held therein as follows: On the second Mon- days in March, May, September and Decem- ber, and may continue in session until the business is disposed of.
SEC. 2 .- All that part of said county of Dallas lying south of the line as defined in the foregoing section of this aet, shall constitute the Forty-fourth Judicial District, and the district courts shall be begun and held therein as follows: On the first Mon- days in January, April, June and October, and may continue in session until the busi- ness is disposed of.
SEC. 3. That said distriet conrts of the Four- teenth and Forty-fourth Judicial Districts, shall have concurrent jurisdiction throughont the limits of said Dallas county, of all mat- ters civil and criminal, of which jurisdiction is given to the district court by the constitu- tion and laws of the State; and the grand and petit jnries for said conrts respectively shall be selected and drawn from the body of the county:
Provided, that the judge of the Fourteenth Judicial District shall canse a grand jury to be drawn for, and organized at the March and September terms of said court, and the judge
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HISTORY OF DALLAS COUNTY.
of the Forty-fourth Judicial District shall cause a grand jury to be drawn for and organ- ized at the Jannary and June terms of said conrt;
Provided further, that either of said judges may in his discretion have a grand jury drawn for, and organized at any other time, or terms of this court.
SEC. 4 .- That the judge of the Fourteenth Judicial District as heretofore constituted shall continue as the judge of the Fourteenth Judicial District, as herein constituted, until the expiration of the term of his office, and until his successor shall be elected and quali- fied.
SEC. 5 .- Immediately after this act takes effect, the governor shall appoint a suitable person as judge of the Forty-fourth Judicial District, who shall hold said office until the next general election held for State and county offices, and until his successor shall be elected and qualified.
SEC. 6 .- If any election precinct in Dallas county or ward in any incorporated city or town therin shall be situated in part in each of the districts hereby created, then each voter thereof shall vote for the district judge only, of the district in which such voter resides.
SEC. 7 .- When this act takes effect, the clerk of the district court of Dallas county shall make up a docket for each of said courts, by placing thereon alternately the cases, civil and criminal, now pending in the district court of Dallas county; that is, said clerk shall place the first case on said docket upon the docket of the Fourteenth Judicial District,
and the next upon the docket of the Forty-fourth Judicial District, and so on to the end of said docket, so that the pending business may be as equally divided between said courts as can in this mode be accom- plished; and all cases, prosecutions and pro- ceedings thereafter filed with said clerk, shall by him be entered upon the dockets of said courts alternately, so that the business may be equally distributed between said courts: Provided, Either of said judges may in his discretion transfer any case or cases, pending in liis court, to the other district court herein provided for, by order or orders entered upon the minutes of his court; and where such transfer or transfers are made the clerk of the district court of Dallas county shall enter such case or cases upon the docket of the court to which the transfer is made.
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