USA > Texas > The bench and bar of Texas > Part 14
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At the expiration of the war, Colonel Winkler returned to Corsicana and resumed the practice of his profession. In 1866 he was prematurely declared to be elected judge of the Thirteenth Judicial District, and being properly qualified, entered upon the discharge of the duties of that office ; but having subsequently ascertained that his competitor was really elected, he immediately surrendered the office and returned to the bar, and devoted his energies exclusively to his practice until he was elected in 1873 a member of the Thirteenth Legislature, in which he was conspicuous for the fidelity with which he represented the interests of his cou- stituents and for the zeal with which he endeavored to promote the general welfare of the State.
In 1876 he was elected by the people one of the judges of the Court of Appeals, and held this office at the time of his death, which occurred after a brief illness while engaged in his judicial labors, at Austin, on the 13th of May, 1882.
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C. M. WINKLER.
While Judge Winkler was by no means a man of brilliant genius, yet, if the soul and feeling which eloquently spoke in all his acts ; if an intellectual capacity for the most use- ful and honorable attainment in every sphere of life, are elements of genius, he participated largely in that subtle quality. While he may not have had that corruscating brill - iancy of imagination which Shakespeare characterizes as a " fine frenzy," he possessed a clear and accurate perception, a sound and penetrating judgment, and an indefatigable power of application. Hence, his knowledge of law was thorough and always at his command.
As a lawyer, he was alert, patient and painstaking, and was sedulous in the preparation of his cases. These qual- ities bore him steadily upward in his profession, and, com- ·bined with a firm and unbending integrity, a vigorous com- mon sense, and a sagacity which embraced alike the grandest outlines and the minutest details, eminently qualified him for the position he occupied upon the bench.
As a judge of the Court of Appeals, he was conscientious and upright, and bent his untiring energies to the adjust- ment of every case, by the strict rule of law, and the even scale of justice. He was thoroughly familiar with the Criminal Code of Texas, and his long experience at the bar had rendered him expert in the methods of criminal pro- cedure. He was master of the science of criminal plead- ing, skillful in determining the character and force of technicalities, and his decisions are characterized by an unvarnished chain of logic, a just interpretation of fact, a firm application of law, and a thorough viudication of justice.
As a man, the character of Judge Winkler was symmetri- cal and elevated. His ruling attributes were candor, truth and charity, and while he was modest in his personal exactions he was exceedingly tender and considerate in regard to the feelings and rights of others. He was faithful to his friends, and his domestic virtues were exalted by the most devoted sentiments of love and affection. He was first married in 1848 to Miss Louisa Smith, of Navarro County, an excellent lady, who died in 1861. In January, 1864, he
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was married at Richmond, Va., to Miss Angie V. Smith, a lady of rare accomplishments who still survives him, and who by her culture and literary attainments has woven from the sable weeds of widowhood the bright robes of prosperity and distinction. She is the founder and the editress of that sparkling publication, the Corsicana Prairie Flower.
Judge Winkler was held in the highest esteem by his brethren of the bench, and the members of the bar. His uniform courtesy and kindness endeared him to all who as- sociated with him or practiced in his court; and his remains were attended to their burial at Corsicana by the judges of the high courts and a concourse of admiring friends. He was a sincere believer in the promises of Scripture, and died in the firm faith of Christianity. His name is lumin- ously inscribed in the military and judicial annals of Texas. Ibi emicat in æternum.
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BENJAMIN C. FRANKLIN. 1
BENJAMIN C. FRANRLIN.
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The subject of this memoir was born in the State of Georgia, on the 25th of April, 1805, and was educated at Franklin College, at Athens. Having graduated from this institution he studied law, was admitted to the bar and began the practice of his profession at Macon, Georgia, in copartnership with ex-Governor Charles J. McDonald, of that State.
In 1835 his sympathies were enlisted in behalf of the Texans in their struggle for independence, and he determined to identify his prospects with their efforts. In April of that year he landed at Valasco, at the mouth of the Brazos River, and soon afterward joined an expedition against the Indians, who, instigated by the Mexicans, were devastating the border settlements. He was at the first revolutionary consultation at Columbia, and when the Texan army was organized near Gonzales for the purpose of resisting the Mexican invasion under General Santa Anna, he took an active and energetic part in raising a company, of which Robert J. Colder was elected captain, and which formed a part of Colonel Burleson's regiment. Early in April, 1836, he was commissioned a captain by President Burnett and detailed to organize a company of scouts ; but was prevented from complying with his instructions by the advance of the Mexicans, which precipi- tated the battle of San Jacinto, in which he fought in the ranks under his former captain, using his Mississippi rifle with, no doubt, the same deliberation and earnestness which characterized his actions through life.
Soon after the battle of San Jacinto he was appointed judge of the District of Brazos, afterward the Second Dis- trict of the Republic, and was thus one of the first judicial functionaries of the new government. He served upon the bench for the space of three years, during which he paid a
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short visit to his old home in Georgia, and was married there on the 31st of October to Miss Eliza C. Brantley, a daughter of Rev. Wm. S. Brantley, of South Carolina, who was a noble and accomplished lady, who accompanied him in his return to Texas, and cheerfully and devotedly shared with him the dangers, hardships and deprivations neces- sarily incident to life in the new and struggling Republic until her death, which occurred in 1843.
In 1840 he retired from the bench and established his residence in Galveston, where he actively engaged in an extensive practice which embraced the whole of South- eastern Texas, directing his attention largely to the location of lands and to the important litigation which necessarily grew out of the intricate land system of the country. In conjunction with J. C. Watrous he represented Edward Hall in his contest with Dr. Levi Jones in regard to the location of land scrip upon Galveston Island. This con- test resulted in a compromise by which that part of the island west of the city league was divided into fourteen sections, each containing about twelve hundred and eighty acres - the odd numbered sections, from one to eleven, being allotted to Hall, and the even numbered sections, from two to fourteen, to Jones.
The government of the Republic had, at an early day, caused the entire island to be laid out in lots of ten acres, and provided for the sale of them for the purpose of raising money to relieve the necessitous condition of the public finances ; but, after having sold a number of these lots at what was considered an inadequate price, it abandoned the policy of disposing of them in this manner, and with the exception of the lots thus sold, the titles to the entire island, west of the city league, have their origin in the Hall-Jones compromise.
Judge Franklin was also one of the counsel employed by the city of Galveston in its litigation with the wharf company and others, which involved the title to the flats, or shallow water extending along the bay or harbor fronts of the city, and which also resulted in a compromise, by which a third interest in them was vested in the city, with a provision against alienation without the consent of four-
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fifths of its qualified voters. He represented Galveston County four terms in the Legislature, and was chairman of the judiciary committee during the whole of his legisla- tive career. This position enabled him to exercise great influence in originating and shaping the laws of the State; and many of those which were enacted during that period bear the impression of his judgment and genius. The scope and intensity of his patriotism, his penetrating perception, sound judgment, and untiring industry ren- dered him an efficient legislator, and his energies were devoted to the promotion of every interest of the State. Immersed in the requirements of his long public services and the demands of an extensive practice, he yet found time for general culture, and was a man of varied accom- plishments and a fine scholar. His aesthetic taste led him to admire the beauties of literature, and impressed his address with chastity and critical correctness.
Although he was a true Southerner he took no active part in the war between the States, being too old for mili- tary service, and a great sufferer from rheumatism during the entire period of the struggle. He had retired to a small farm near Livingston, in Polk County, and while he continued to practice law when urged by his old clients, he made no effort to re-establish his extensive practice. His sufferings from rheumatism, aggravated by a malarial attack, his losses by the war, and above all his despond- ency in regard to the political and social future of his country left but little incentive to begin the struggle of life anew. He led a retired life upon his farm until 1870, when he returned to Galveston, and seeing some chance to aid his countrymen in their efforts to throw off the dis- tasteful rule which had been fastened upon them during the military occupation of the State, he once more embarked in active life, and took part in the first decisive movement on the part of the people to regain the control of the State. This was the organization of the tax-payers of Galveston to resist by all lawful means the levies made to sustain a standing army of militia, and a cumbrous and irresponsible school system designed by means of a host of officials to perpetuate the rule of the Republican party
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in the State, which was utterly repugnant to a large majority of the people. This movement was followed throughout Texas, and he lived to see the clouds that lowered in the political heavens of his State pass away behind the horizon, and its people once more on the high- way to that prosperity which destiny and nature had shaped for them. He died unexpectedly on the 25th of December, 1873, soon after he had been elected to represent the Gal- veston District in the State Senate, and in the midst of his plans to devote the riper years of his life to the service of his country.
Judge Franklin was a lawyer of fine ability, and thoroughly acquainted with the history and character of Texas juris- prudence. He had watched and weighed every feature that entered into its composition, and there was no one more familiar with the poised effects and combined import of its blended elements. He was never at a loss for the proper methods for reaching the true issue in a controversy, and rarely erred in the selection of his legal standpoints. He was, therefore, a safe counselor, and possessed the highest respect of the bench and bar, and the implicit confidence of the people.
Although he was stern in the maintenance of that which he believed to be right, and in the pursuit of the dictates of duty, his moderation was no less marked than his integrity. While he was a man of earnest and intense convictions, his actions and expressions were always tempered with mildness and discretion. Hence he was respected and esteemed by men of all classes and politics.
The Constitution of 1869 provided that, within five years from the time of its adoption, the laws, both civil and criminal, should be revised and published in such manner as the Legislature might direct. A bill to meet this require- ment of the organic law was introduced in the Legislature in 1872, but for some reason or other failed of enactment. To properly revise and digest the laws of a State is a task requiring the highest legal and legislative skill, and in the bill which was introduced for that purpose, the name of Judge Franklin stood, by common acceptance, at the head of the list of the proposed revisors, thus testifying to the
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general appreciation of his ability and eminent qualification for the performance of the responsible and arduous duty.
Nor was this estimate of his character confined to his friends or to the Democratic party. The Republican Gov- ernor, E. J. Davis, undertook by virtue of his own authority to repair the omission of the Legislature, and proceeded to appoint a commission to revise the laws of the State. This commission he tendered to Judge Franklin, as one whose appointment he knew would be approved by the impartial and enlightened judgment of all good men of both parties in the State, and in the commission he declared, that " reposing special trust and full confidence in the loyalty, integrity and ability of Benjamin C. Franklin," he did " by virtue of the authority vested in him by the Constitution and laws of the State, constitute and appoint the said Benjamin C. Franklin, commissioner, to revise, digest and arrange the laws of the State, as required by section 35, of article 411, of the Constitution."
Judge Franklin did not believe that the Governor had the power to make the appointment, and promptly declined it ; he was not capable of thus violating the law, or of acting under such doubtful authority. But the tribute to his merits, which the selection imports, is no less conclusive of the just estimation in which he was held by all parties
Judge Franklin was a man of refined social qualities. He was tender in his sympathies, warm in his attachments, and possessed a charity responsive to every appeal of virtue. He was a man of most equable temperament, quiet and methodical in all the affairs of life, and pursued the even tenor of a philosopher. In his views and sentiments he exemplified the best type of early Texas character. He cherished in the highest degree the honor of the State, and was devoted to its institutions and its people.
He was married on the 3d of November, 1847, to Miss Estelle B. Maxwell, of Kaskaskia, Illinois, who was at that time visiting the family of her cousin, Michael B. Menard, Esq., of Galveston. This excellent lady still survives him, and is now residing in her native town, Kaskaskia.
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RICHARDSON A. SCURRY.
This eminent member of the early bar and bench of Texas was a native of Gallatin, Sumner County, Tennessee. His father, Thomas Scurry, was of Scotch descent and a lawyer of Gallatin, and is said to have been a man of brill- iant intellect, of remarkable memory, fine judgment and sparkling wit and humor, which, descending to his son, William R. Scurry, a brother of Richard, made him the brilliant and engaging "stump speaker " and humorous character, well remembered by the older citizens of Texas.
The mother of Richardson A. Scurry descended from a French Huguenot family which fled from France in conse- quence of the revocation of the Edict of Nantes, first to England and thence to America, and settled in Virginia. Her parents soon after their marriage immigrated to the unexplored regions beyond the Alleghanies, and she was born in a rude fort erected for the protection of the settlers against the Indians. She was a woman of noble character and intelligence, one fit to be " the mother of sons," and was married in 1808.
Richardson was the eldest of five children. He inherited the fine memory of his father and the reflective, philosoph- ical mind of his mother. His educational advantages were good, and while at school he developed one of those rare order of minds in which the truths of mathematics seem intuitive. He is said to have mastered the first six books of Euclid in three weeks. Having completed a thorough collegiate course, he studied law in the office of his kinsman - the brilliant and eccentrie Judge Guild. He possessed a great love for books and a thirst for knowledge, which caused him to extend at the same time his researches
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to the various fields of literature, and he acquired a useful store of general knowledge.
Soon after he had been admitted to the bar and had begun the practice of his profession at Gallatin, the struggle of Texas for her independence attracted the attention of the country, and kindled a spirit of sympathy throughout the Southern States. Fired by this sentiment and a love of romance and adventure, young Scurry determined to cast his lot with the heroic people of the young Republic, and joined a gallant band of young men organized for the Texas service. He reached the Texan army two days before the battle of San Jacinto, and was made a lieuten- ant on the field for gallantry and good conduct.
When the government of the young Republic was fairly organized he settled in San Augustine and formed a law copartnership with General Thomas H. Rusk and Colonel J. Pinckney Henderson. He soon afterward joined a company under General Rusk, organized for the protection of the colony against the depredations of the Cherokee Indians. This gallant little company, after many adven- tures and narrow escapes, succeeded in driving the Indians out of Eastern Texas and thus terminating " the Cherokee war."
He was the first district judge elected in the eastern por- tion of the Republic, and this position made him ex-officio one of the judges of the Supreme Court. At that time it was necessary that a Texas judge should be not only a clear-headed lawyer and a man of sound judgment, but that he should have the courage to form and deliver his opinions regardless of danger or threats, and sometimes to pronounce judgment with a brace of pistols lying conspicu- ously upon his desk. But Judge Scurry was equal in all these respects to the demands of his position, and his judg- ments were enforced and respected.
In 1841 he was elected to a seat in the Congress of the Republic, then held in the town of Washington, and in 1844 he was re-elected and was made Speaker of the House of Representatives.
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During this year he met in Washington Miss Evantha Foster, who was visiting her cousin, Mrs. Wm. A. Wharton, whose husband and his brother, Colonel John A. Wharton, were also members of Congress - the former being a mem- ber of the House of Representatives, and the latter of the Senate. Miss Foster was a " beauty" among the belles of the gay little capital, who danced their balls on puncheon floors with the gallant young Congressmen and officials arrayed in much-worn garments and decorated with pistols and top-boots. Judge Scurry and Miss Foster were married in 1845.
Soon after the annexation of Texas to the United States he removed to Clarksville, in Red River County, and was elected district judge. In 1853 he was elected with Volney E. Howard, of San Antonio, as his colleague, to represent Texas in the Congress of the United States, and it was in vacation during his last term in Congress that an accident occurred to him which finally terminated his life. In the hurried preparation for a hunt in the early morning, he let his gun fall, which, emptying itself, tore away the lower part of his foot. A country doctor, wholly without knowledge of surgery, amputated it, leaving a wound that never healed, and from this time to his death he was a confirmed invalid. Having to abandon the practice of his profession, he devoted himself to his books. The banking question, which was at that time in a state of much confusion and perplexity, interested him greatly, and he wrote several able articles on the subject which were copied throughout the country.
Judge Scurry was opposed to secession, but believed that a war between the States was inevitable. He was a devoted Texan and an ardent Southerner, and when the bugle blast rang out calling the South to arms he felt more keenly than ever the helplessness which forbade his response to the call. A colonel's commission was sent him by the Confederate government, with orders to raise a regiment ; but in his state of health, and being compelled to walk with crutches, this was impossible. He addressed a letter to his old friend, General Albert Sidney Johnston,
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stating his condition, and asking him if there was anything a cripple could do in the defense of his country. General Johnston requested him to repair to bis headquarters at once, and offered him the position of Adjutant-General on bis staff. A physician and friend persuaded him to have his leg amputated, assuring him that he would then soon recover his health; and in his impatience to join General Johnston, he would not wait for chloroform to be procured, which was then scarce and difficult to be obtained, but caused the amputation to be made at once, which he bore with the fortitude of a martyr. His vital powers gave way under the tremendous strain of the operation, and he died on the 3d of April, 1862.
His death was greatly lamented throughout the State, and the most impressive tokens of respect were payed to his memory which those exciting times permitted. General Houston, on bearing of his death, said : " There died one of the most wonderful minds I have ever known. It was a vast store-house of legal lore." He was truly an able lawyer and an excellent judge, and his career was elevating to the bench and bar of the Republic and State. His per- ceptions were clear, his judgment was based upon sound rea- son, and his memory was remarkable. It is said that while practicing in copartnership with General Rusk and Colonel Henderson, whenever a difficult question arose, requiring reference to numerous authorities, they would entrust the matter to his memory, and he would without hesitation cite the authors, volumes and chapters desired.
In society Judge Scurry was quiet and sedate, taking but little part in the ordinary surface play of conversation ; but when a proper subject for discussion was touched, his extensive knowledge and command of language impressed his listeners with the correctness of his judgment and the wisdom of his views. He held the wand of suasion with a masterly hand, and charmed his hearers with copious and interesting illustrations drawn from his extensive reading.
In the dawn of her history Texas had many bright minds and patriotic spirits, which gave strength to her councils,
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valor to her arms, wisdom to her laws, and grace to her character; but there are but few to whom in these respects she owes more than to the two Scurrys. Their names, with those of the two Jacks, the two Whartons and others, will always reflect much of the brightness and glory of the Republic and State along the path of history, throughout the corridors of after time.
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WILLIAM S. TODD.
WILLIAM S. TODD.
The subject of this sketch was born in Caroline County, Virginia, in the year of 1808. His father, George T. Todd, was the son of a Scotch physician, who, with several brothers, emigrated to Virginia soon after the Revolution- ary struggle, one of whom was the ancestor of Mrs. Abra- ham Lincoln. He was the wealthiest man in Caroline County, and lived to the extreme age of ninety years. William S. Todd was a young man of talent and ambition, and while young represented his county in the Legislature of Virginia. He removed to Texas in 1843, and located at Boston, in Bowie County, but soon afterward removed to Clarksville. In 1850 he was elected judge of the Eighth District, and organized the first courts held in the counties of Cooke, Hunt, Collin and Grayson. He held the position of district judge until 1862, when he retired from the bench and settled at Jefferson, where he died in 1864.
Judge Todd was a member of the convention of 1861, and signed the ordinance of secession. His whole heart was enlisted in the Southern cause, and it is well, perhaps, that he did not live to witness the destruction of his hopes and the overthrow of the principles which he had so long cher- ished and so ably advocated.
Before he left Virginia he was married to Miss Eliza A. Hudgins. She was the daughter of Thomas D. Hudgins, a planter of Mathews County, who died in Richmond in 1862. She was a highly educated and accomplished lady, and was long an interesting contributor to the Northern Standard, at that time the leading paper in Northern Texas. She was a noted teacher, and conducted a flourishing school first at Boston and then at Clarksville, to the time of her death.
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