New encyclopedia of Texas, volume 1, Part 116

Author: Davis, Ellis A.
Publication date: 1926
Publisher: Dallas, Tex. : Texas development bureau, [1926?]
Number of Pages: 1416


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UDGE DAVID E. SIMMONS. In the history of the Bench and Bar of the Lone Star State few names are accorded higher honor, or a greater degree of respect, than that of the late Judge David E. Simmons, one of Houston's outstanding attorneys and public men and a man who, throughout lifetime of service, stood staunchly to his ideals of citizenship, and had the courage to back his convictions in his every action. In his public life, as in private life, he held fast to these ideals, doing his duty as he saw it, and his record as a Federal official bespeaks work effi- ciently handled, in a spirit of co-operation which at all times was a delight to his associates.


Judge Simmons was born in Burlington, Iowa, the fourteenth of June, 1868. His parents, Dr. D. A. Simmons, and Kate (Bruce) Simmons, were natives of South Carolina, later removing to Iowa, and in the real pioneer days, when Judge Simmons was an infant, coming to Texas. Dr. Simmons located at Sherman, practicing medicine there until his retire- ment in 1918, at which time he went to California, where he now makes his home. Dr. Simmons is an octogenarian, having practiced his profession


until near his eightieth year. Mrs. Simmons is deceased.


Judge Simmons began his education in the public schools of Texas, later attending Savoy College, at Savoy, Texas, and later went to Austin College, at Sherman. He graduated with the degree B from the University of Texas in 1891, and took his law degree from this came institution in 1892. Judge Simmons began his legal career in 1898, as assistant attorney general of the State of Texas, serving in that office until 1904, when he took up the private practice of law in Houston. In 1918 he was ap- pointed United States attorney for the southern district of Texas, in which office he served until his resignation in 1922, when he again resumed private practice. During his term of office as United States attorney, Judge Simmons handled an increasing amount of business for the government, winning a number of important decisions, while in his work in the prohibition department he handled some of the biggest cases in this district.


Judge Simmons was married at Galveston, Texas, the twenty-sixth of February, 1895, to Miss Virgilia Finlay, a native of Lavaca, Texas, and the daughter of the late Col. George P. Finlay. Col. Finlay, a native of Mississippi, and a Civil War veteran, came to Galveston in the early days, and was an attorney of that city for many years, and also head of the public schools of that city for years. Under President Cleveland he served as collector of cus- toms at Galveston. He was the real type of city builder, taking a deep interest in all civic work, and in his death, which occurred the twenty-fourth of March, 1911, Galveston lost a truly great man. Mrs. Simmons' mother was before her marriage Miss Carrie Rae, a native of Missouri, who was brought to Texas by her father, Horsly Rae, when she was a small child, and reared at Lavaca, where she married Col. Finlay, and with him removed to Galveston in 1873. Judge and Mrs. Simmons had an ideal home life and were the parents of two chil- dren, George Finlay Simmons, who led a scientific expedition for the Cleveland Museum of Natural History in the South Seas, where he spent two years, being on this expedition at the time of his father's death. Mr. Simmons is a graduate of the University of Texas, with the degrees B. A. and M. A. He was married to Miss Armede Hatcher of Fort Worth. The other son, David Andrew Sim- mons, also a graduate of Texas University, was for some years before his father's death his first assistant, and is one of the most promising young lawyers of Houston, being a member of the law firm of Campbell, Myer and Simmons.


Judge Simmons died at Houston the sixth of January, 1924, the death of few men in Houston bringing forth more expressions of sorrow. The resolutions passed by the Harris County Bar Asso- ciation said in part: "No man within our acquaint- ance excelled him in living a well rounded life, measuring up in all spheres of human activities to the obligations encumbent upon him. He not only professed the gospel of the meek and lowly Nazarene, but he lived it, and in all matters affect- ing public welfare he was constantly identified upon the side that most nearly squared with the Golden Rule." This tribute of his associates admirably expresses the general feeling in regard to Judge Simmons, and with the following tribute paid at


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his bier, eloquently sums up his life: "He was a good man, a clean man, an honest man, a good neighbor. His devotion to his family was a proverb, and in every relation of life he bore himself as a gentleman." He held official positions of great re- sponsibility and discharged his duty faithfully, justly, efficiently, and laid down the trusts with clean hands."


AMES LOVE BATES-Among those pioneer Texans who contributed to the early devel- opment of the state, the name of James Love Bates stands out as that of one of the real pioneers of Brazoria County, who, while growing up with this section and prospering as it prospered, took an important part in developing and cultivating the lands of the county, and who did his share of public duties as a public official. Mr. Bates lived through a vital time in the life of his community, and was for years closely asso- ciated with the men of his time who were directing and shaping public opinion and paving the way for the greatness of today. A man of sterling qualities, indefatigable in the performance of his duty as he saw it, Mr. Bates took his place among the leaders of his time, and his influence would be hard to estimate. A man of the type of which builders are made, he was active in the encouragement of every progressive movement.


James Love Bates was born in Brazoria County, the second day of May, 1852, the son of General Joseph Bates, a native of Alabama, who came to Texas in 1847, going first to Galveston, and later to Brazoria County, where he settled on a large plantation, now known as the Bates plantation. Dur- ing the Civil War General Bates served as a gen- eral in the Confederate army, in charge of the Coast Guards, serving with distinction throughout that conflict. He then returned to Brazoria County, where his death occurred in 1886. James Love Bates' mother, who before her marriage was Miss Mary Love, was General Bates' third wife. Her death occurred in Galveston. As a boy James Love Bates attended the public schools of Galveston and Huntsville, and after his father's death returned to Brazoria County, where he took charge of the Bates Plantation, and was one of the leading stockmen and cattlemen of his day. Later he was elected tax assessor, moving to Angleton, Texas, when the county seat was moved there. In 1899 he retired from active life and came to Houston, making this city his home for the two years just prior to his death, which occurred in 1901. A resident of Hous- ton but a short time, Mr. Bates formed many friendships here, and was actively interested in all early work for the development of the city.


James Love Bates was married at Houston, the seventh of October, 1874, to Miss Mary Russell Fitz- gerald, a native of Independence, Washington County, Texas, and the daughter of Benjamin Sims Fitzgerald, a native of North Carolina, and Harriet Louise (Davis) Fitzgerald, a native of New York state. Mr. Fitzgerald moved from his native state of North Carolina to Mississippi during his boy- hood and was educated in that state. Later, in 1852, he came to Texas and began the practice of law in this state, practicing first in Anderson, Grimes County, and later coming to Independence, Washington County, where he held the chair of professor in mathematics at Baylor Female College


until the Civil War. He then entered the army, on the side of the Confederacy, with Hood's Fifth Texas Regiment, and was with General Lee at the time of his surrender, and was made a prisoner in West Virginia. After the close of hostilities he returned to Texas, and in 1865 was elected presi- dent of Baylor Female College, holding that office until 1867. He then removed to Houston, opening a private school here, which he conducted until 1875. He then engaged in the lumber business with his son, later retiring. His death occurred the twenty- seventh day of January, 1904, just a few days after he had celebrated his golden wedding anniversary, on the nineteenth of January, 1904. Mrs. Fitzgerald died in 1917.


Mr. and Mrs. Bates had one child, Gerald Bates, who was married to Miss Clara Adams, at Jasper, Texas. Of this union there were two children, James Love Bates and Miss Gerald Bates. James Love Bates married Miss Neppie Newton and of this union there is one child, Mary Jane. Mr. Gerald Bates' death occurred the thirtieth of April, 1904. James Love Bates died at his home in Houston the third of September, 1901.


APTAIN W. C. TYRRELL. Among the most prominent names of Texas history is to be found that of Captain W. C. Tyrrell. Kind, great hearted and generous, his life stands out as an inspiration to the coming generations. In gaining great wealth, he lost none of the finer things of life. He was noted for his charities, many of which were never recorded, but among the most im- portant were the purchase of the First Baptist Church building, which he donated to the city of Beaumont for a library, and the gift of Tyrrell Park, consisting of five hundred acres on Fannett Road, which he also gave to the city.


W. C. Tyrrell came to Beaumont twenty-five years ago, and during the years spent here was a dynamic force in the growth and progress of the city. He was prominently identified in real estate, being the promoter of Portacres, one of the largest real estate projects ever attempted in the city, and at the time of his death he was interested in pro- moting West Calder Addition.


On September 7th, 1924, Captain Tyrrell was called to his reward, and upon his passing, Beaumont lost one of its most beloved men. While he was amassing a great fortune, he never lost an oppor- tunity of making a friend, and not until his death was it realized how thoroughly beloved he was, and enshrined in the hearts of hundreds of men, whom he had helped on life's pathway, and will remain the image of Captain W. C. Tyrrell.


He was interested in many of the leading enter- prises of the city, being president of the Beaumont Box Manufacturing Company, Tyrrell Rice Milling Company, Tyrrell Hardware Comapny, Tyrrell-Com- best Realty Company, Tyrrell-Wilson Investment Company, Jefferson County Investment and Building Association, and vice president of the American Na- tional Bank.


Captain W. C. Tyrrell was born in Pennsylvania in 1847 and went with his parents to Iowa in 1854. He was the son of Mallory and Polly (Titus) Tyrrell.


Mr. Tyrrell was married in 1867 to Helen F. Rorick. Mr. and Mrs. Tyrrell had a family of four children, Harvey C. Tyrrell, W. C. Tyrrell, Jr., Vin- nie T. Rorick and Esther L. Garth.


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MEN OF TEXAS


D R. JOHN LEWIS BRYAN. A history of the early days of Houston would be incom- plete without a sketch of the life of Dr. John Lewis Bryan, pioneer dentist of the Lone Star State, whose success and prestige in the dental profession were in proportion to his years of service, and who until his death was looked upon as the head of the local fraternity. Dr. Bryan came to Texas during the frontier days and from that time until his death was a factor in the development of his community and for many years was one of the most beloved of Houston's citizens.


Dr. Bryan was born at Newberne, North Carolina, son of Lewis Bryan, an educator of that state who took a prominent place among educators of his day. Dr. Bryan began his education in his native city, attending the local schools, and received his instruc- tion under his father. Later he went to Baltimore, Maryland and entered the Baltimore Dental College, graduating with the first class to be graduated from that institution.


After taking his degree in dentistry he went to Nashville, Tennessee, where he began the practice of his profession. After accumulating a small fortune at Nashville, Dr. Bryan came to Texas, in 1836, locating at Richmond. He had not intended to fol- low his profession, but on his arrival found that there were no dentists in Texas and his duty to hu- manity demanded that he should open his office. The conditions of his first practice in the Lone Star State were crude and Dr. Bryan was forced to use many makeshift. He had to make his own instru- ments, using a local blacksmith shop at Richmond in which to fashion them. Nor was cash available to repay him for his services in the majority of cases, and his fees consisted of plots of land. While Rich- mond was the city of his early residence, he trav- eled throughout the state, for as the only dentist his services were needed in all the towns. In 1842 he moved to Houston, opening an office in this city and continued his practice for many years before retiring.


When he retired from active practice, Dr. Bryan built his fine old country home on the land that is now known as the Goose Creek oil field, but which was then a colony of fine country homes where fam- ilies of historical character resided. At the begin- ning of the Civil War, Dr. Bryan was a man of means, one of the wealthy citizens of his day, but its close found him with little of his fortune left, and he returned to Houston, resuming his practice and following his vocation until his death. His fine old home had been turned over to the Confederate soldiers' orphans but in the reconstruction period carpetbaggers sought to convert it into a negro orphanage, failing in the attempt, however, as Dr. Bryan still retained his deed in his name. At the time of his death he owned many large tracts of land throughout the state, paying taxes on more differ- ent tracts than any other man in Texas. His Goose Creek home tract has since turned out to be one of the richest of Texas' oil fields and his daughters still hold the land there that has been in the family for more than seventy years.


Dr. Bryan was twice married, his first wife being Miss Martha Woodson, a native of Tennessee, and by whom he had four sons, all of whom were killed or died during the Civil War in which they all ren-


dered service to the Confederacy. He was married for the second time at Mill Creek, Texas, in 1847, to Miss Mary Ann Fitchett, a native of Alabama, who came to Texas in 1833 as a child with her parents, Daniel T. and Mary Bostick Fitchett. They came to this state with Stephen F. Austin. There were six children born to this union, two of whom, Mrs. Caro Chapman, widow of L. B. Chapman who died seven months following her marriage to him, and Miss Johnelle Bryan, still survive. Mrs. Chap- man and Miss Bryan are members of the Daughters of the Republic of Texas and active in the social and civic affairs of the city.


Dr. Bryan died at Houston in 1867, his death being mourned throughout the city. He was one of the real builders of Houston and one of the outstanding men of his time. Dr. Bryan was also a great church worker, helping to organize the first church at Hous- ton, meeting first in upstairs quarters under his leadership. Later, with the help of Alexander Mc- Gowen and Charles Shearne, the first church was built on a plot of ground given by A. C. Allen and where the Majestic Theater now stands. This church, a brick building, later fell down and was replaced with a frame building. This church, of the Methodist denomination, was actively supported and attended by Dr. Bryan until his death. He was also active in Masonry of the early days and served as Master of Holland Lodge No. 1. Dr. Bryan gave as generously as he received and many were the pioneers of that day who owed to him the courage, and the assistance, that made it possible for them to continue in the new land they had come to conquer. The whole state, in those early days when he was its only dentist, came to know and love him for the service he rendered so cheerfully, and there were few men of his time who were so widely known and beloved.


R. JOHN CLEMILLE SELLERS-In re- counting the history of Harris County, the name of Dr. John Clemille Sellers stands out as that of a man who was especially interested in all work for the growth and prosperity of this section, and who, as one of the medical "Old Guard" filled an especially vital place in the life of his times. As a physician Dr. Sellers was ever faithful to his responsibilities as the custodian of his patients' welfare, and through the years of an arduous practice was unfailing in his devotion to his profession. As a citizen Dr. Sellers stood ready to aid in every worthy cause, whether for civic ad- vancement or public welfare and few men con- tributed so unselfishly to the betterment of the times.


Dr. John Clemille Sellers was born in Harris County, on Willow Creek, the first day of Febru- ary, 1865, the son of John Clemille Sellers, a native of Louisiana, who came to Harris County in the pioneer days and was a farmer, saw mill owner, merchant and banker of this county until his death. Mr. Sellers was one of the most prominent. men of his day, and had many friends throughout Harris County. His mother was Julia Pillot Sellers, who lives at Spring, Texas, and is eighty years of age. She is a sister of C. G. Pillot of Henke and Pillot, T. Pillot of Teolin Pillot Company, N. Pillot, retired lumberman; Mrs. Zeolide E. Hornzerger, widow of Jacob Hornberger; and Celestine Saigling of Plano.


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Eugene Pillot, the father of the foregoing, came to Houston from France in early days and became one of the prominent and wealthy citizens here, own- ing a great deal of valuable business and other prop- erty. He lived at Spring, Texas, where General Sam Houston often changed stages, and often re- mained as a guest at the Pillot home.


Dr. Sellers attended school at San Antonio, as the schools in Harris County at that time offered few advantages, and after finishing his work there went to Louisville, Kentucky, where he entered Louisville College, in the medical department, taking his med- ical degree there. He then returned to Harris Coun- ty, beginning his practice at Spring. Dr. Sellers also had ranching interests, both at Spring, and near Batesville, to which place he later went to practice medicine. After several years at Bates- ville, Dr. Sellers returned to Spring, spending the balance of his life there. He practiced general med- icine, with all that term implies, specializing in mud and hard work, and no night was too dark and stormy, no distance too far, for him to go to aid the suffering. He had a particularly altruistic atti- tude toward his profession, and with him it was not a matter of dollars and cents, but a deep love for humanity, and a desire to devote his life to the alleviation of suffering that was responsible for his choice of a vocation. In those days, long before the advent of the automobile and the good roads of today, Dr. Sellers' horse and buggy were a famil- iar sight along the country roads. He always car- ried a saddle in his buggy, and often during the rainy season, he found it necessary to leave his buggy along the road, saddle his horse, and thus go to the aid of some sufferer ,on an outlying farm. His reward, and to him it meant far more than any monetary consideration, was the love and regard of the whole county.


Dr. Sellers was twice married, first to Miss Lula Woodward, a native of Pearsall, Frio County, and whose death occurred in 1895. Three children were born to this union, Fred Sellers, of Houston, a mem- ber of the firm of Stewart and Sellers, operators of a cafe and cold drink business, at the corner of Congress and Fannin Streets, who married Miss Mary Annie Bammell and who has one child, Mary Carolyn Sellers; Mont Sellers, a young business man of Houston, who married Miss Vennie E. Ben- field, and has three children, Julia May, C. F. and Montfred Sellers; and Lula May, now Mrs. J. I. Heard, of Spring, Texas. Dr. Sellers was married the second time to Miss Lissie Thurmann. The surviving children of this union are Misses Helen and Nadeline Sellers. Mr. Fred Sellers is a popular young business man, widely known in Houston and Harris County. In his cafe he serves on an average of a thousand people per day. The building in which the business is located is owned by his grand- mother. In addition to his cafe he devotes con- siderable time in looking after the estates of his grandmother and father. From 1912 to 1920 he was employed in the county assessor's office and this experience has been valuable in taking care of his many affairs. In 1918 he organized his present business. He is a 32nd degree Mason and a mem- ber of Arabia Temple Shrine.


Dr. Sellers was a member of Spring Lodge of the Woodmen of the World. Dr. Sellers died at his home in Spring, the thirteenth of November, 1923, following a long illness. His death was the


cause of a deep sorrow among his hundreds of friends and patients, and it will be long before his place in the life of his community will be filled.


ORACE G. MILLER, erecting superintend- ent for the Graver Corporation, of East Chicago, Indiana, now located at Houston, where he is superintending the construc- tion of a large job for the Sinclair Refineries near Harrisburg, has been especially well trained for his position and has a record with the Graver Corpora- tion of many successful erection jobs. A great many of these have been especially difficult pieces of work and not one has failed to be completed within the time limit specified in the contracts.


The Graver Corporation, with its plant and gen- eral offices at East Chicago, is one of the largest builders of steel tanks and fabricated steel con- struction of various kinds in America. Besides oil storage tanks for refineries and pipe line compa- nies, the concern builds steel water towers for in- dustrial companies and municipal corporations, stills, condenser boxes, etc., for refineries and, in fact, any piece of construction that calls for the use of fabricated steel.


At Houston the company is engaged in the erec- tion of thirteen mammoth fifty-five thousand-barrel tanks, eight of eighty thousand-barrel capacity and eight condenser boxes ten by twelve by ninety-six feet for the Sinclair interests. This job gives em- ployment to approximately one hundred men.


Mr. Miller is a native of Missouri and was born in Pulaski County on December 5, 1890. He is a son of J. M. and Mary E. Miller, who have been resi- dents of Pulaski County for a great many years. His father is a well known farmer and land owner of that section.


After attending the public schools of Pulaski County and completing a high school course, Mr. Miller engaged in oil field work and in this manner secured a splendid working knowledge of the equip- ment he now erects for oil companies. He was connected with the Sinclair interests for a number of years and spent five years for this company in Central America, Cuba and other foreign countries. He has been in most of the oil fields of America and many of those located in foreign countries and has worked in every branch of the industry, includ- ing drilling, producing, construction and operating.


At the outbreak of the war he enlisted in the United States Navy and was in service for two years. He spent one year on the U. S. S. Kearsarge and made eight trips across the Atlantic during the war.


After receiving his discharge he became connected with the Graver Corporation and during the past few years has been in charge of many important construction jobs for this company in the oil fields of Texas, Oklahoma, Louisiana and Arkansas.


In 1922 Mr. Miller was married at Saint Louis to Miss Lela L. McGee. They are residing tempo- rarily at Harrisburg during the completion of the big local job for the Sinclair Refineries.


Mr. Miller is a man singularly equipped for the duties of an erecting superintendent. A tireless worker himself, he has the knack of procuring the undivided loyalty of his men and this with the co- operation and confidence given him by company officials has aided in establishing the splendid record of the past few years.


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MEN OF TEXAS


ENRY F. MACGREGOR. The name of Henry F. MacGregor is closely interwoven with the history of Houston. Chronicles of events show his outstanding influence upon the public life of city and State.


Born in Londonderry, New Hampshire, on April 25, 1855, son of Lewis A. and Augusta Blodgett MacGregor, Henry F. MacGregor received his edu- cation in the common schools and at Pinkerton Academy at Derry; subsequently taking a business course at Manchester. As a boy working on his father's farm and keeping books for a hardware store in Haverhill, Massachusetts, he dreamed of a future in the Southwest. At the age of eighteen he took passage by boat from New York to Gal- veston, landing in Texas without funds. He was sturdy, industrious and frugal, and determined to succeed. From a clerkship with the Direct Navi- gation Company operating on Buffalo Bayou (later to become the ship channel) he became secretary of the Galveston City Railroad Company. A few years later he interested Colonel Wm. H. Sinclair of Galveston in the purchase of the Houston Street Railway System, at that time operating with mule cars and five miles of track. The two purchased controlling stock of that company in 1883 when he moved to Houston, as vice president and general manager.




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