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Vol 12 No. 12 - September 1935

Texas Courts

By Max Coleman, Lubbock, Texas

From the earliest days, magistrates or a justice of the peace had functioned all over the sparsely settled country of Texas. These men were often not even officially elected, but by agreement of the settlers, power would be delegated to them to try and hear cases. By agreement, often important law suits involving values far exceeding their jurisdiction would be tried before them by agreement. They knew little law; they had no books; their main guide was their own sense of right and justice. Some of them wrote history, independent of any law book.

On April 21st., 1836, Sam Houston, leader of the Texans, defeated the Mexican forces under Santa Anna, and a new republic, that of Texas, was born. One of the first necessities was for an administration of law. This was for the protection of the weak and those who did not wish to take things into their own hands and by the use of six-guns, maintain their rights. And because local courts are subject to occasionally being swayed by prejudice, passion and the personal antagonism of parties concerned, it was necessary to establish a Court of Appeals. There the losing litigant in the first, court became the plaintiff in the higher court, and the proceedings could be brought before this higher tribunal for review. This established the Supreme Court.

Further Mentions: In the year 1840 the first law case was appealed to the Supreme Court, being styled the "Republic of Texas vs. McCullough, et al." * Chief Justice Rush. Associate Justices were Wm. J. Jones, John T. Mills and A. B. Shelby * "Thouia, G. Western vs Zadoc Woods." * Honorable John Hemphill, Abner S. Lipscomb and Royal T. Wheeler * Roy Bean * Honorable C. C. Garrett was Chief Justice and F. A. Williams and H. Clay Pleasants were Associate Justices * Honorable B. P. Tarlton was Chief Justice, and H. O. Head and I. W. Stephens Associate Justices * Judge Willis who opened one of the earliest courts in the Panhandle in 1879* Sam Madden, L. S. Kinder, W. F. Herrdricks and Jo. A. P. Dickson. Judge Wm. R. McGill * was Will Boyce, Lorenzo Dow Miller, Temple Houston * the last Courts of Civil Appeals organized at Eastland, Texas in 1925. The Hon. Wm. Pannill is Chief Justice, and T. B. Redgell and John B. Littler, Associate Justices * Mr. Jackson * H. L. Clamp of Austin, Texas * The Hon. James A. Graham was Chief Justice and J. M. Presley and R. W. Hall were Associate Justices. This Court filled a long felt need in the Western part of Texas, and at, present, is comprised of the Hon. R. W. Hall, Chief Justice and M. J. R. Jackson and A. B. Martin, Associate Justices. * Mr. J. M. Oakes

"Tall Men With Long Rifles"

Mentions: James T. DeShields' book, "Tall Men With Long Rifles," from the Naylor Printing Co., San Antonio * Captain Creed Taylor * Ben Hey * J. J. Starkey, editor of the Kerrville Times * the "Runaway Scrape," * Mr. and Mrs. Lane Langford of Bandera *

A CORRECTION – article: "Burnet County" sent in by the Burnet Bulletin

Mentions: S. E. Holland and Miss Mary Scott are said to have been the first persons married in the county * Captain Wm. Banta * a man by the name of Gilbreath * L. G. Park *

The Opening Campaign Of The Texas Revolution

By J. Marvin Hunter, Bandera Texas

Mentions: Dr. N. D. Labadie * Col. Bradburn * the Alcalde (Hugh B. Johnson) * the Ayuntamiento * were William B. Travis, Patrick C. Jack, Monroe Edwards, and Samuel T. Allen * William H. Jack of San Felipe de Austin * his brother, Patric C. * Colonel William Pettus and William H. Jack * Fort Bend, Brazoria, etc * Robert M. Williamson * Mill Creek, Coles on the Goliad road * Benjamin Tennell and Francis W. Johnson * Spring Creek, Buffalo Bayou, San Jacinto and Trinity * Horatio Chrisman, Esq * Minchey's, a few miles below Liberty * Francis W. Johnson * Warren D. C. Hall * Thomas H. Bradley * Sergeant Blackman * Turtle Sayon-White's crossing * John M. Smith * Haden * G. B. McKinstry, H. K. Lewis * Colonel Souverin * Wyly Martin * Colonel William Pettus * Dunman's * Captain Abner Kuykendall * Bevil's Settlement * Captain Randal Jones * James Lindsay * Col. George Orr * William Hardin * Captain Peyton R. Splane * Duncan's Ferry

Early Spanish Missions In Texas

These were established by Franciscan monks, under the auspices of the Spanish government, and were called presidios. These missions (los Misiones) consisted of the chapel for worship, the cells for the monks, the dwellings for the inhabitants, and a fort for defense. The mission was under the control of the ecclesiastical power, and the military force was under an officer of the army, who, in most matters, was under the control of the priest. Here is the story.

Mentions: Captain Alonzo de Leon * San Juan Batista * Captain Don Ramon * the mission of Adaes * the mission of San Bernard * the mission of Dolores west of the Sabine, among the Orquisaco Indians * The mission and fortress of San Antonio de Valero * "Our Lady of Loretta." * the mission of La Bahia * the mission of La Purissima Concepcion de Acuna * The mission of San Jose * Father Jose de Soto * San Antonio de Valero * San Jose del Alamo

A Camel Experiment In Texas

By J. Marvin Hunter, Bandera Texas

Account of an experiment tried out by the United States government -that of using camels to transport dispatches and supplies across the then wild frontier. In 1853, Jefferson Davis, then Secretary of War in the Cabinet of President Franklin Pierce, conceived the idea that camels would solve the problem of carrying dispatches and freight between the frontier posts of Texas, New Mexico, and through to California, and he accordingly secured the passage of a bill through the National Congress, which carried an appropriation of $30,000 for the purchase of the camels, which were to be located on banks of Camp Verde Creek.

Mentions: General Zachary Taylor * Senator Shields of Illinois * Major Henry C. Wayne * the estate of the Grand Duke of Tuscany near Pisa * Lieutenant David Porter * Major Wayne * the Levant * Tunis, Salonica, Constantinople, the Crimea, Alexandria and Smyrna * Lieutenant Edward F. Beala * Lieut. Edward L. Hartz

Story Of Mackenzie's Indian Campaign

By Dr. Robert T. Hill

Mentions: Capt. R. A. Carter's book entitled, "On the Border With Mackenzie," * General Greely * out the Northwest Highway to Jacksboro * old Camp Cooper * old Supply Camp at Spur * Professor Nathaniel Southgate Shaler * the Crutchfield house in Dallas

Happenings In Texas Sixty Years Ago

By F. M McCaleb

Mentions: The first railroad town that was ever layed off in Atascosa County was layed off by the I.-G. N. Railroad Company in 1882, about three miles east of the present town of Lytle * B..G. Andrews, an Englishmen * John. T. Lytle, a wealthy, well-known ranchman * W. H. Grimes * R. J. Lauderdale, an old trail driver, at Pleasanton * Mr. C. B. Rivers * J. C. Loving's ranch * Charlie Rivers * Dr. Milliken and Dr. Simons * Sgt. Harrington * Col. Lawrence of the Cambridge Manufacturing Company * Senator Pridgen * Jack Helm * W. C. Daugherty (later sheriff of Frio County) sells 12,000 head of cattle to L. B. Harris * Samuel Smith from Menardville * the Fitzgerald ranch on Home Creek in Coleman County * The Widow Barton * Cousin's ranch * Clear Creek * Judge Beasley's store * the Gonzales Manufacturing Company * George B. Dutton, one of the oldest I. O. O. F. in Texas * J. J. Callan from Menardville * Mr. Hamilton * Kickapoo Creek * Mr. Polk * Jack Helms * the Sandes * a man named Hardin * Mr. Massey * Cal Woodward * J. W. Creth * the First Baptist Church at San Antonio. * Mr. Shane * the Fitzgerald ranch below the forks of the Llano * E. R. Beeson from Llano county * terrible Packsaddle Mountain fight * the Moss ranch * Schleicher's ranch in San Saba county * The following are the names of men engaged in this fight: J. R. Moss, S. B. Moss, William B. Moss Ely Lloyd, Rob Brown, Archer Martin, Pinkey Ayres and E. D. Harrington * W. B. Moss * Ely Lloyd * Pinkney Ayres * J. B. Duncan's ranch * Mayor Rosell * The Victoria Advocate * Diamond Hill * Major Phillips * Captain Wheeler * James, Montell and company * the Bandera Mills * Geo. M. Martin of San Antonio * James B. Shaw, Comptroller, and Thomas H. Raymond, State Treasurer. * F. Paschal * Vance Brothers, J. Ulrich and company, France and Groesbeck, F. Gilbean. H. Mayer and company * Hewitt and Newton, L. A. Paschal, General T. N. Wall, W. Tunstall, all of San Antonio * Otto Wupperman of Twin Sisters in Blanco County * C. L. Pyron * the Plaza Hotel * O. J. Noyes * R. N. Allen * Tabot's steam mill in Bastrop county * H. L. Nichols * Captain Whithers * William Windham and Jasper Willis of Brown county * B. S. Whitaker, a notary public * Pecan Bayou in Brown county * Joshua Jackson

Battle Of Velasco In 1832

Written by a participant of the great battle. Mentions: old forts at Bexar and La Bahia * W. B. Travis, Patric C. Jack, and Munroe Edwards * Colonel Bradburn * John Austin, W. D. C. Hall, William S. Hall, Thomas Chadowin, and William J. Russell. * Wyley Martin, F. W. Johnson and R. M. Williamson * F. W. Johnson * W. D. C. Hall * William J. Russell * Ugartichea * Captain Rowland * Calvert's Labor * Captain Henry Brown * Edward Robinson

Early Explorations In Texas

Mentions: Alanzo Alvarez de Pineda * Cabeza de Vaca. Francis de Garay, * Governor de Garay * Pamfilo de Narvaez * the A. H. Belo Corporation of Dallas * Dr. Robert T. Hill * Hernando de Soto *

A Pioneer Wheelwright Shop, At Fredericksburg

By Esther Mueller

Account of William Arhelger, Fredericksburg, who in 1865 erected his wheelwright shop. At first his home was in rooms above the shop, but a few years later he built a rock house next to the shop. When he died in 1918, at the age of almost 81, he was not only the last living member of the Johann Jacob Arhelger family, but also one of the last of the original settlers of Fredericksburg. This is his story. IT IS EXCELLENT EARLY GILLESPIE COUNTY HISTORY

Mentions: The Arhelger family came to Fredericksburg on the sail boat, the "Herschel," under the command of Captain Gamke * Mr. and Mrs. Johann Jacob Arhelger and their seven children, Jacob, Daniel, Elizabeth, Catherine, Heinrich, William and August * Ritterhausen, amt. Dillenberg, Herzogtum Nassau * Pastor Ninek * Kirchspiel Ebersbach * Adelsverein * Mrs. Alfred Riley * New Braunfels * Daniel Arhelger * Director Bene * the Verein's building * Mr. Jordan * Baron's Creek * The oldest daughter, Elizabeth, married Louis Martin, and her baby daughter, who later became Mrs. Julius Kordzik * The eldest son, Jacob Johann * the original Verein's Kirche * Heinrich Arhelger * the Crabapple road * Arhelger's courageous battle with the Indians * his brother, William, was in Boerne * Henry Wendler * Katherine Gruen * Altendietz in Germany * Johann Gruen * Dr. Nette * Helotes * Weihmuller, the blacksmith' * Fassel * His son, F. W. Arhelger

The Name Texas

How and when Texas received its present name has been subject of controversy and speculations. This story unties the mystery.

Mentions: John Qnincy Adams, Secretary of State, and Don Onis, the Spanish minister * Jean de Girjalva * Iztac Mixtecatl * Mixtecas * Cuitlahuaca, Cuitlachtecas * Tlaxcalla * Torquemada's Monarquie Indians * Teja * Tejas

Some San Saba County History

Doc McNeill, Mifflin who came to Texas as a child in 1872, gives account of some early San Saba County history and genealogy in this excellent article.

Mentions: Jim Brown, the father of Guy Brown * Dr. Rogan * the San Saba river, one mile north of the Beveridge bridge, embracing China Creek at the mouth * Wiley Williams * Harkeyville * China Knob * the field of Mrs. U. M. Sanderson, near the old T. Y. Elton farm * James Turner, a very progressive citizen hauled the first load of lumber from Lampasas for the new house, the land being donated by uncle Riley Harkey * China Creek * . C. W. Lindsey * Miss Mat McGuire, Miss Laura McGuire, who afterwards became the wife of Mr. Sam Smith, Miss Alis Turner, who married uncle Riley Roberds, Miss Lu Turner, who married Lee Eubanks, Miss Lumie Turner, Bud Turner, Ellen Till, wife of Tom McNeill, Victoria Till, the wife of Doc McNeill, Alice Till, who became the wife of A. J. McNeill, Katy and John Hughes, Bob Smith, Tom Roberds, Gordon Roberds, Neal Brown, Maymee Brown, who later became the wife of Ruf Hinyard, Henry Harkey, Ella Harkey, the wife of Joe Taylor * school at Live Oak and Harkeyville * the old Brownwood road, four miles north of San Saba * Mrs. T. J. Till * Richland Springs * The first preachers to preach at the new house was Old Brother Biggs the father of Charley Biggs, Elder J. A. Prichard, Church of Christ, Elder Munlinn, Methodist Protestant. In the year 1887, Elder W. P. Smith of Richland Springs, organized the first Baptist church, of which this scribe had membership for many year, Charter members were Dick Sullivan and wife, S. G. Roberds and wife, uncle F. Riley Roberds * Elder Polk Burk * Elder B. Carroll, a Baptist minister * Mr. M. R. Brown * . Some of the old time members were E. S. Brown and wife, Clint Brown and wife, John W. Smith and wife, R. H. Hinyard and wife, Calvin Rainey and wife, S. C. McCarley and wife and several daughters, George, Neal and Maymee Brown, Mrs. Betty Hendricks, Tom Hendricks. S. H. Smith, Mrs. A. R. Brown, G. T. Monk. * F. M. Maxwell, Waco attorney, George W. Fisher

A Typical Buffalo Hunt

By John R. Hutto

The story herein related was told the writer by Rev. Benjamin Franklin Tatum, a pioneer Baptist preacher, who spent his last days in the Abilene country. Rev. Tatum was born in Dade county Missouri, Sept. 20, 1853, and moved with his father's family to Grayson county, Texas, in 1861, when that country was young-when panthers, deer, wild turkeys, and other game animals and birds were plentiful In early young manhood he moved to Waco where there was much talk of the country farther west, especially of the buffaloes. Young Tatum needed the novelty of a buffalo hunt to round out his experience as a hunter. The party that left Waco for the then distant west were young Tatum, his brother Louis, and "Old Brother Harris," driving two well equipped wagons drawn by good teams. Here is the story.

Further Mentions: Gosqueville, Breckenridge, and on to Pt. Griffin * a man named Weaver * Dead Man creek near Ft. Phantom Hill * Merkel * the present towns of Roscoe and Sweetwater * Champion creek about fifteen miles south of the present Colorado City * a man named Underwood * used a Sharp and Creedmore rifle * Buffalo Gap * W. R. Kellum * the firm of Kellum & Rotan * Mrs. Sarah Riddle Eager

Reliable Information Of Custer Massacre Disclosed

Account relates an important contribution to the all too meager supply of reliable information regarding the Custer massacre on the Little Big Horn. The document is the telegraphic report sent by Gen. Alfred H. Terry, who was in command of the Department of Dakota, but was in the field marching from the Yellowstone River to effect a union with Custer. It was written immediately after he had come to the scene of the massacre, two days after Custer and his immediate command of five troops of the 7th Cav. had been annihilated. It is headed "Headquarters, Department of Dakota, Camp on Little Big Horn, June 27, 1876," and is addressed to "Adjutant General of Military Division of Missouri at Chicago, Ill." The account includes Gen. Terry's telegram in full.

Mentions: the mouth of the Rosebud * Maj. Reno with three companies, A, G, and M * Capt. McDougall with his company, B. The officers known to have been killed are Gen. Custer, Capts. Keogh, Yates, and Custer; Lieut. Cooks, Smith, McIntosh, Calhoun, Porter, Hodgson, Sturgis, and Reilly, of the cavalry; Lieut. Crittenden, of the 20th Inf., and Acting Assistant Snrg. Dewolf, Lieut. Harrington, of the cavalry, and Assistant Surg. Lord are missing. Capt. Benteen and Lieut. Varnum, of the cavalry, are slightly wounded. Mr. Bostol Custer, a brother, and Mr. Reed, a nephew of Gen. Custer, were with him and were killed * Gen. Gibbon's troops * Qullock's Creek * Capt. Benteen

A Pioneer Shot In The Moonlight

By T. U. Taylor, Austin, Texas

Account of a Comanche Indian raid that occurred in the west part of Travis county in 1859 and the night when the trusty shot gun of Mrs. Hudson killed a big Indian and broke up an Indian raid in the settlements near Hudson's Bend.

Mentions: Sandy Creek * P. S. McGeeney * Rocksprings and the Devil's Sink Hole in Edwards county * Mrs. W. R. Potter * Jonnie R. Morgan * Hon. Harry Hertzberg of San Antonio * Pompeo Coppini * Charles Noyes * Ballinger. Texas. * Camp Idlewilde, near Comfort, * Alex Brinkman

Some names mentioned in this volume:

Capt Francis Adams; John Quincy; A. N. Allen; Samuel T. Allen; Gov James V. Allred; B. G. Andrews; August Arhelger; Catherine Arhelger; Daniel Arhelger; Arhelger; Elizabeth Arhelger; Arhelger; F. W. Arhelger; Heinrich Arhelger; Heinrich Jr Arhelger; Jacob Arhelger; Jacob Johann Arhelger; Johann Jacob Arhelger; William Arhelger; F. W. Arhleger; William Arhleger; Capt John Austin; Pinkey Ayres; Capt Banta; Capt Wm B Banta; (Widow) Barton; Lt Edward F. Beale; Bean; Judge Beasley; E. R. Beeson; A. H. Belo; Capt Benteen; Charley Biggs; Sgt; Blackman; Will Boyce; Bracht; Col Bradburn; Thomas H. Bradley; Brewer; Brinkmann; Vance Brothers; Mrs A. R. Brown; E. S. Brown; George Brown; Guy Brown; Capt Henry Brown; M. R. Brown; Mat Brown; Maymee Brown; Neal Brown; Rob Brown; Polk Elder Burk; Lt Calhoun; J. J. Callan; B. Elder Carroll; Nicholas Carroll; Capt R. A. Carroll; R. G. Carroll; Castaneda; Chabot; Thomas Chadowin; Horatio Christman; H. L. Clamp; Clark; Coleman; Lt Cooks; Bethel Coopwood; Pompeo Coppini; Francisco Vasquez de Cap Coronado; J. W. Creth; Lt Crittenden; Bostol Custer; W. C. Daugherty; Davis; James T. DeShields; (Surg) Dewolf; Jo. A. P. Dickson; Dobie; J. B. Duncan; George B. Dutton; Mrs Sarah Riddle Eager; Monroe Edwards; Munroe Edwards; Emmett; Antonio de Espejo; Lee Eubanks; Charles L. Fagan; George W. Fisher; Francis; Capt Gamke; Gov de Garay; C. C. Garrett; Gen Gibbon; F. Gilbean; Jean de Girjalva; Jovita Gonzalez; James A. Graham; Grant; Gen A. W. Greely; Gen Greely; Thomas Green; W. H. Grimes; Johann Gruen; John Gruen; Katherine Gruen; Haley Gruen; R. W. Hall; W. D. C. Hall; Warren D. C. Hall; William S. Hall; Hardin Hall; Wm William Hall; Ella Harkey; Henry Harkey; Riley Harkey; E. D. Harrington; Lt Harrington; Sgt Harrington; L. B. Harris; Lt Edward L. Hartz; H. O. Head; Lt Heap; Jack Helm; Jack Helms; John Hemphill; Mrs Betty Hendricks; Tom Hendricks; W. F. Hendricks; Harry Hon Hertzberg; Ben Hey; R. H. Hinyard; Ruf Hinyard; Lt Hodgson; S. E. Holland; John Hughes; Katy Hughes; Hutto; Patric C. Jack Hutto; William H. Hutto; Joshua Jackson; M. J. R. Jackson; Old Hickory; F. W. Johnson; Francis W. Johnson; Hugh B. Johnson; Capt Hugh B. Johnson; Capt Randal Jones; Wm J. Jones; W. R. Elder Kellum; Capt Keogh; L. S. Kinder; Mrs Julius Kordzik; Capt Abner Kuykendall; Dr N. D. Labadie; Lane Langford; Mrs Lane Langford; S. T. Gov Lanham; R. J. Lauderdale; Col Lawrence; Capt Alonzo de Leon; H. K. Lewis; James Lindsay; C. W. Lindsey; Abner S. Lipscomb; John B. Littler; Ely Lloyd; (Asst Surg) Lord; J. C. Loving; John T. Lytle; Mackenzie; Sam Madden; A. B. Martin; Archer Martin; Geo Martin; James Martin; Justice Martin; Louis Martin; Wyley Martin; Capt Wyly Martin; F. M. Maxwell; H. Mayer; Brown Maymee; McCaleb; S. C. McCarley; Capt McDougall; P. S. McGeeney; Wm R. McGill; Miss Laura McGuire; Miss Mat McGuire; Lt McIntosh; G. B. McKinstry; Geo B. McKinstry; A. J. McNeill; Doc McNeill; McNeill; McNeill; Tom McNeill; Lorenzo Dow Miller; Dr Milliken; John T. Mills; Iztac Mixtecatl; G. T. Monk; Jonnie R. Morgan; J. R. Moss; S. B. Moss; William B. Moss; Mueller; Elder Munlinn; Pamfilo de Narvaez; Dr Nette; H. L. Nichols; Pastor Ninek; Charles Noyes; O. J. Noyes; J. M. Oakes; Don Onis; Col George Orr; Wm Pannill; Capt Parilla; Park; Parks; F. Paschal; L. A. Paschal; Peak; Col William Pettus; Maj Phillips; Newt Phillips; Col Piedras; Franklin Pres Pierce; Alanzo Alvarez de Pineda; H. Clay Pleasants; Lt David Porter; Mrs W. R. Potter; J. M. Presley; J. A. Elder Prichard; Sen Pridgen; C. L. Pyron; Calvin Rainey; Capt Ramon; Thomas H. Raymond; T. B. Redgell; Lt Reilly; Maj Reno; Alfred Riley; Mrs Alfred Riley; C. B. Rivers; Gordon Roberds; Riley Roberds; S. G. Roberds; Tom Roberds; Roberts; Edward Robinson; Dr Rogan; Rose; Mayor Rosell; Capt Rowland; Capt John G. Rowland; Chief Justice Rush; Capt Russell; William J. Russell; Mrs W. M. Sanderson; Schmidt; Mary Miss Scott; Prof Nathaniel Southgate Shaler; James B. Shaw; A. B. Shelby; Sherman; Sen Shields; Dr Simons; Bob Smith; Dr Smith; John M. Smith; S. H. Smith; Sam Smith; Samuel Smith; W. P. Elder Smith; Hernando de Soto; Father Jose de Soto; Col Souverin; Souverin; Capt Peyton R. Splane; J. J. Starkey; I. W. Stephens; Lt Sturgis; Dick Sullivan; B. D. Tarlton; Rev Benjamin Franklin Tatum; Louis Tatum; Rev Tatum; Joe Taylor; Benjamin Tennell; Gen Alfred H. Terry; Alice Till; Ellen Till; Mrs T. J. Till; Victoria Till; Travis; W. Tunstall; Miss Alis Turner; Bud Turner; James Turner; Miss Lu Turner; Miss Lumie Turner; J. Ulrich; Vaca; Vaca; Lt Varnum; Gen T. N. Wall; Walters; Warren; Henry C. Wayne; Maj Wayne; Henry Wendler; Thomas G. Western; Wharton; Capt Wheeler; Royal T. Wheeler; B. S. Whitaker; Taylor White; Capt Whithers; F. A. Williams; John A. Williams; Wiley; R. M. Williamson; Robert M. Williamson; William Windham; Woodhull; Zadoc Woods; Cal Woodward; Otto Wupperman; Capt Yates

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