Denton County, Texas - Chapter 3, 1918

Chapter 3

Peters Colony, which was composed of men mostly from Kentucky, had agents in Kentucky, Missouri, Tennessee and Arkansas. Their contract in 1841 had been entered upon in good faith and they were doing considerable advertising. The tide of immigration was turned towards the young Republic of Texas, the country was being settled from the east to the west and in those days four or five families settling close to each other would constitute a settlement and would soon have a name by which they would be known to the people of other settlements. There were no local sub-divisions or names to any particular part of this territory. The word settlement was then used extensively as an affix to the name, but in later years other names not so personal have been chosen and the old settlements and their early designations have almost lost their identity. The first settlement was in the southeast corner of the county, and was made in

1843 or '44, and was called the Bridges Settlement. In 1844 it had extended west of Elm, and when Mr. Holford had settled in the prairie, it was called the Holford Prairie Settlement. In

1844 settlement was made at Pilot Point, a high point of timber jutting out into the prairie, being visible for a long distance and a guide to the traveller. These were the first three settlements made; others were formed in rapid succession. Two years more and the Republic of Texas was merged into a State of the Union. Two hundred voters could organize a county, and two years later Denton County was organized (1846.) This rapid settling here was caused by Peters Colony establishing their land office in the Bridges Settlement on Office Branch in 1844 and in connection therewith a settlers' store of very limited supplies. The immigrant had to make application at the Land Office for his land and he did not have to go far to find land that suited him. In 1845 Texas was voted into the Union and a constitution adopted.

In 1846 the First Legislature of the State of Texas created and had organized thirty-one new counties. Among them was Denton County, the act creating which is shown below:

Section 1. Be it enacted by the State of Texas that all the territory included in the County of Fannin beginning at the southwest comer of Collin County, thence west thirty miles, thence north thirty miles, thence east thirty miles, thence south thirty miles to the place of beginning be, and the same is hereby created, a new county to be known and called by the name of Denton,

Section 2. Be it further enacted that the inhabitants residing within said limits shall be entitled to all the rights, privileges, and immunities enjoyed by inhabitants of the several counties of this State, except as to the rights of separate representation and land districts, for which purpose the inhabitants of Denton County shall be considered attached to Fannin County until entitled by numbers to separate representation.

Section 3. Be it further enacted that John W. King, Joseph W. Conner, Joseph Turner, John Ramsey, and Jesse Gibson be, and they are hereby appointed commissioners, whose duty it shall be to find the center of said county and select two places within three miles of said center, having due respect to donations that may be offered by individuals, of land or other property for a townsite, for the use of the county. The commissioners shall then proceed to hold an election, and the place receiving the majority of the legal votes shall be the county seat of said county, and the place so selected shall be known and called Pinkneyville. After which the commissioners shall proceed to lay off a town and sell the lots therein at public auction on a credit of twelve months. All the proceeds arising from the sale of lots, or other donations, shall be applied by the commissioners herein created, to the erection of public buildings for the use of the county.

The commission laid off the county and ordered an election in the latter part of 1846 for a county site and its officers. The result was Pinkneyville as the county seat, which was located about one and one-fourth miles east and a little south of the present city of Denton. The following officers were elected: Joseph Turner, chief justice; Michiel Ransom, district clerk; John W. King, county clerk ; Wm. Gavin, sheriff ; James Holf ord, Mr. Ramsey, J. Wagoner, J. Weldon, county commissioners.

The Ninth Judicial District consisted of Grayson, Collin, Denton, Dallas, Kaufman, Henderson, Anderson, Houston, and Van Zandt counties, and John T. Mills was appointed district judge. There were no improvements at Pinkneyville, so Judge Mills held court under the shade of a large post oak tree. For some cause, Wm. Gavin, the sheriff, failed to serve and Perry Harmonson was appointed sheriff by the Judge.

"Section 1'. Be it enacted by the Legislature of the State of Texas that all legal and just debts, claims, or demands, now due to, or held bycitizens that reside in the new counties of Grayson, Collin, Hunt, or Denton, against the County of Fannin, shall be audited by the County Court of Fannin County, but the same shall be paid by the new counties in which the holders thereof reside."

Pinkneyville as a woodland county seat was unsatisfactory, and as the settlers then were mostly in the southeast part of the county, the tendency was to carry it that way.

Section 1. Be it enacted by the Legislature of the State of Texas that the county seat of Denton County shall be on Section 1, Township No. 4, north, in Eange No. 3, west, in Peters Colony.

Section 2. Be it further enacted that Joseph Turner, Jesse Gibson, John Ramsey, James Dickson, and John W. King be and- they are hereby appointed commissioners, a majority of whom shall form a quorum for the transaction of business, whose duty it shall be to receive by donation or purchase so much of said Section No. 1, in Township No. 4, as will be suf- ficient for a county seat, not less than forty acres for the use of said County of Denton, and the place so selected shall be known and called "Alton."

Section 3. Be it further enacted that said commissioners shall proceed to lay off a town on said tract of land, into lots of convenient size and sell the same at public auction, on a credit of twelve months, payable to the County of Denton, and the funds arising from the sale of lots or other donations shall be applied by the commissioners herein created, to the erection of buildings for the use of said county.

Section 4. Be it further enacted that the district and county courts for Denton County shall be held at the town of Alton, and all writs heretofore issued returnable to Pikneyville shall be returned to and tried at Alton, and that all laws conflicting with this act, be, and the same are hereby repealed, and this act takes effect from and after June 1, 1848.

This location of the county seat was near the Thedford place near the present station of Coi'inth, about four miles southeast of Denton and having been located on Section 1, Township 4, of Peters Colony, in Range No. 3, it is the best evidence that the Peters Colony had sectionized Denton County preparatory to settlement.

Pinkneyville was on the waters of Pecan Creek, but the new location (and change of name to Alton) was on the high ridge between Pecan Creek and Hickory Creek. A well was dug and no water found. Therefore it was unsatisfactory. The county seat was again moved by the Third Legislature.

Section 1. Be it enacted by the Legislature of the State of Texas that the seat of justice of Denton County be permanently located at the residence of Alexander E. Cannon on Hickory Creek in said county, and that all courts which by law are to be held at the county seat, shall be held there, and that the clerks and other officers, who by law are to keep their offices at the county seat, shall remove them to said seat of justice, and said seat of justice shall be called "Alton," and that this act take effect from and after February 1, next.

were no provisions made by this act for commissioners to sell lots and receive donations to build public buildings, but the people interested in this new county seat met and built a hewed log courthouse, twenty feet by twenty, thirteen rounds high, covered it with two-foot boards held on by weighted poles; puncheon floors, board door, the judge's stand in the west end, stick-andmud chimney in the east end, and split-log benches. The judge's stand was four feet square and boarded up with burr oak boards. This building was rough, but the best they could do at that time (1851). Justice was in its crude form, without technicalities; but more swift and certain than now. At the two preceding county seats no public buildings had been erected, but here the county officers came and took up their abode, and civil government was established. The acts of the Legislature in the organization of the county had called for thirty miles square, but when surveyed it was changed as follows :

An Act Better Defining The Boundaries Of

Section 1. Be it enacted by the Legislature of the State of Texas that from and after the passage of this act the boundaries of Denton County shall be as follows: Beginning at the southwest corner of Collin Countv as now established, thence north with the west boundary line of said ".ounty of Collin to the comer of Grayson County, thence north with the boundary line of that county to the northeast comer of said Denton County as established by the county of Grayson, a distance in all of twenty-nine miles, and twenty-seven chains (four pole chains,) thence west following the line of Grayson County and passing its southwest corner, in all, thirtyone miles, thence south to a point due west of the northwest corner of Dallas County as now established by law, thence east to the said corner of Dallas County, thence with the north boundary line of said county of Dallas, eastward to the place of beginning.

Thus the county, as legally established is from north to south twenty-nine miles and twenty-seven chains wide, and from east to west thirty-one miles long.

the Indians on May 22, 1841 at the battle of Keechi Valley in Tarrant County and buried on the waters of Denton Creek (which is in Denton County). John B. Denton was a great revivalist of the Methodist Church, and had been preaching since 1826. He was also a captain of a ranger company, and a lawyer. By permission, I now copy from "The Life and Times of Captain John B. Denton," by Rev. William Allen.

Rev. Andrew Davis was a member of the company commanded by General Tarrant at the fight with the Indians in which Captain John B. Denton was killed, and an eye-witness of his death and burial. He was at the time but thirteen years of age, and in all probability the only survivor of the heroic band of pioneers. Since the discussion anent the death and burial of Captain Denton, Mr. Davis has received a great many letters urging him to write a full history of the fight and the circumstances connected with the killing and burial of Captain Denton for publication, and in compliance with those letters he today handed the Neivs correspondent the following article :

"In the spring of 1841 the campaign was made in which John B. Denton was killed. The company was made up by General Tarrant, a lawyer, who at that time lived in Bowie County. He finally moved to Ellis County, where he died. There were many of the most prominent men in North Texas in this company, some of whom were Colonel Coffey, James Bourland, William Bourland, Mack Bourland, Colonel Porter, Henry Stout, Dick Hopkins, John B. Denton, Clabe Chisum, J. L. Lovejoy, Colonel Bill Young, Captain Yeary. These are sufficient. Many of their names have faded out of my memory. It would not be proper for me to attempt a history of the whole campaign, but to fix attention directly upon the occasion of the killing of J. B. Denton and the circumstances connected with it.

On the day before the taking of the village, a lone Indian was discovered. General Tarrant divided the company, and ordered them to cut him off from the timber and capture him. This was nicely and quickly done. The capture of the Indian occurred on the high prairie some ten miles west of the village, at a point not far from where Fort Worth is located. Tarrant left the prairie and went into a secluded place on the river. There we remained all night. About sunset every preparation was made to kill our prisoner. He was placed upon an elevated spot a few paces from the company. He was then placed with his back to an elm tree, his hands were drawn around the tree and made secure, and his feet was then tied together and secured to the tree. Then twelve men with their guns were ordered to take their positions before the Indian. The scene was an awful one in its solemnity, to me and to all. The men were ordered to present arms. At this moment, the alarmed and terror-stricken Indian became greatly excited, and in great agony of spirit he cried aloud, 'Oh, man! Oh, man!' While he did not utter the above words with distinctness, yet it was more like these words than any other. General Tarrant sent Captain Yeary with an interpreter to the prisoner to see if he would reveal anything, for prior to this he had been sullen, and would not say a word. He was made to understand that if he would tell where the village was, and how to find it, he should not be hurt, and he made a full revelation of the whole matter, and closed by saying, 'We be friends.' He was untied, but kept under guard all night. After dark Tarrant sent ten men under Henry Stout, who was ordered to the village and reconnoitered the same, and selected the point of attack, to report by four o'clock in the morning. This was done, and by daylight all were in motion under the guidance of our trusty pilot, for the village, which was reached about nine p'clock in the morning.

"From our position we could see the Indians passing about in every direction. We were ordered to deposit our baggage and free ourselves of every incumbrance, and be ready for the charge in five minutes. When the time was up, General Tarrant said, 'Are you ready?' the response was in the affirmative. Then Tarrant, in a low, yet a clear, distinct voice, said, 'Now, my brave men, we will never all meet on earth again, there is great confusion and death ahead. I shall expect every man to fill his place and do his duty.' The command to charge was given. A level prairie, about three hundred yards wide, lay between the command and the first huts. The distance was measured off in less time than I am in telling it. In a moment the sound of firearms, with a voice of thunder, rang out over the alarmed and terror-stricken inhabitants of that rude city of the wilderness. Tarrant and James Bourland, with Denton, led the charge, while every other man followed with the best speed his horse could make. I was riding a mule furnished me by Aunt Gordon, (God bless her memory ! ) She was my friend in orphanage and helplessness - well, pardon the digression. That mule was a mule, and just like its kind, was slow, and made me among the last to reach the enemy. As I passed the fii'st huts I saw to my right a number of Indians, I fired into the crowd with the best aim my excited nerves would allow. In a moment our men came upon them from a different direction, and for a short time the work of death was fearful. It was here that my mule was shot from under me. I felt like I had lost my best friend. The air was full of bullets and I took to a tree. In a moment, however, I saw a number of our men on foot, some of them from choice, and othc-rs, like myself, because they could not help it. I left my tree and joined them. In less than an hour the village was cleared of Indians, and it seemed like the work of death was done.

"Covered with dust and dirt, and wet with sweat, and almost famished, both for food and water, Tarrant called the company together, at a little spring. On roll call it was found that not a man had been killed ; a dozen, perhaps, had been unhorsed. Quite a number were hatless, as many as eight or ten were slightly wounded, but none in a painful manner. Many had made narrow escapes from death as their rent clothes abundantly testified. Tarrant commended the men for their good behavior, and said, 'Thank God, we are all here. You have had water, repair to the nearest huts and get your hands full of dried buffalo meat, and in fifteen minutes be ready for further advance.' My, my, how the buffalo meat was used up by those hungry men !

"At the expiration of fifteen minutes, Tarrant called the men together and ordered John B. Denton and Henry Stout each to take a squad of twenty men and pursue the retreating Indians, as a great number of them had fled north into the Trinity bottom by two paths leading out of the village. It so happened that I fell into the squad of men commanded by Captain Henry Stout, who took the trail that led from the northeastern portion of the village. John B. Denton, with his men, took the trail which led from the northwestern part of the village. Within about sixty yards of the river the trails came together. When Captain Stout came to this point he halted and addressed his men, 'Here the trail from the west unites with ours; a great many Indians have gone out on both trails. From the large cottonwoods in view, we are near the river. I think it is imprudent for a little squad of men to enter into such a trap, for if the Indians make a stand at all it will be at the river.' Just at this point someone said, 'I hear the sound of horses' feet.' Captain Stout replied, 'That is Denton. We will wait until he comes and we will consult.'

"When Captain Denton came up he said, 'Captain, why have you stopped ?' Stout repeated to Captain Denton what he had just said to his men, but added 'I am willing to go as far as any other man.' Instantly and without a word, Captain Denton spurred his horse on in the path, Captain Stout followed, and their men dropped into line, and the little company, in death-like silence, moved on towards the river. We found no prepared ford, but merely a Well-worn buffalo trail, which led down into the river, and went out some eighty yards below. The north bank of the river was high and covered with a closely set undergrowth of brush. Here the Indians had secreted themselves.

"When the company reached the point opposite and under the Indians they opened a deadly fire upon us, it being mainly directed on our men in front. Captain Denton was instantly killed, and Captain Stout had his arm broken. In this condition of affairs no word of command was given. The scene of death and the moment of suspense was awful to endure. Captain Yeary called at the top of his voice, 'Why in the h - 1 don't you move your men out to where we can see the enemy ? We will all be killed here.'

"The men began at once a kind of irregular retreat, and Captain Stout had so far recovered from his shock as to be able to say, 'Men do the best you can for yourselves, I am wounded and powerless.' About this time some one said, 'Captain Denton is killed.' The shot was so deadly that there was no death struggle. He had balanced himself in his saddle, raised his gun and closed one eye, intending to deal death to the enemy, when the death shock struck him. When his death was discovered his muscles were gradually relaxing, and his gun yet in his hand was inclining towards the ground. The men nearest him took him from his horse and laid him on the ground, and then we returned to the command at the village. We feared that after we left that the Indians would scalp Captain Denton and otherwise mutilate his body, but this was not done. A squad of men was sent back to the river to get Denton's body, which they did.

"I am glad to this day that I was one of the number to volunteer to go back and if need be, to brave death to recover the body of Captain Denton. About 4 or 4 :30 p. m. the body of Captain Denton was securely tied upon a gentle horse, and the command moved out from the village with some eighty head of horses and fifteen or twenty head of cattle taken from the village. We moved up the river to a point not fai' from Fort Worth and there spent the night. Early next morning we crossed the river at a point where the timber was narrow. After crossing the river we traveled in the direction of Bird's Station, aiming for Bonham as our objective point. At about 11 :00 a. m. we halted on a prairie on the south side of a creek with a high bank on the north. On one of these elevations Captain Denton was buried. I have never for a moment doubted but that I could find the identical spot. The tools with which this grave was dug were brought from the village and they were ample for the pui-pose. If, therefore, any person has found a shallow grave and is of the impression that it is the grave of Captain Denton, he is mistaken. His grave was dug a good depth, a thin rock was cut so as to fitin the bottom of the grave, similar rocks were placed at the sides and also at the head and foot. Another rock was placed over the body and the grave filled up. Thus was buried one of God's noble men."

After reading the history, as given by Rev. Andrew Davis, as above, you are sufficiently acquainted with the facts to know why we have Denton County, Denton Creek, Denton City, and the John B. Denton High School. The Old Settlers' Association of Denton County, at their August session in 1900, undertook the task of having the history of John B. Denton written, and his bones buried in the court house yard, they then being buried in the back yard of Mr. J. H. Waide on Clear Creek. The Rev. William Allen was appointed the historian. He secured the evidence and published the book, "The Life and Times of Captain John B. Denton," from which we have so freely quoted. The committee, after gathering much proof as to the finding of the body by John Chisum and its disinterment, and its reinterment in 1860, in the back yard of the J. H. Waide place, concluded their report as follows :

"Much could be added to this testimony supporting the truth that the grave of Captain Denton was found, and his remains were taken up and preserved. Surely, enough has been stated to remove all doubt, should any exist. The pioneers are all convinced, agreed and satisfied. They constituted the jury that sat in the case, and unanimously have rendered their ver-

"It only remains now that the remains be exhumed, brought to Denton and be prepared for burial in the court house yard. Unto this end the Pioneer Association appointed the following named members to do this work : John W. Gober, R. H. Hopkins,

C. C. Dougherty, and R. H. Bates. The committee did its work well. All that follows now relating to the funeral and burial services is taken from the published account in the Record and Chronicle of Denton.

"The movement begun more than a year ago by the Old Settlers' Association of Denton County to locate the remains of Captain John B. Denton, pioneer and border hero, for whom this county and city are named, and, if found, to give them a public burial, culminated last Thursday afternoon when his bones were given their last interment, and with befitting ceremonies. Captain Denton surrendered his life in a public cause - the defense of the border from the ravages of the Indians, and it was singularly appropriate that his new grave is in the public soil, the southeast corner of the court house yard. Another appropriate feature of the final ceremonies was the presence of the faculty and students of the John B. Denton College, an institution named in his memory, and an enduring monument to his bravery, courage, and high-mindedness.

"The lower floor and galleries of the district court room were crowded when Rev Wm. Allen, the chairman, arose at 1 :30 and announced in a few words, the purpose for which they had gathered. Rev. Allen, himself a pioneer, and an early minister of the gospel, when the days of Texas were young, occupied the chair, and on his left sat Rev. J. W. Chalk, another old-time minister, who vividly recalled the memories of another day. In state in front of the judges' bench, lay in a handsome coffin, the remaining bones of the man in who$e honor the services were being held. In front of the bier sat three living descendants, two sons, Rev. J. F. Denton of Weatherford, and Rev. John B. Denton, Jr., of Clay County, and a grandson, Prof. William Baker of Ellis County. After a few prefatory remarks by Rev. Allen, 'America' was sung, led by President Thurmond of the John B. Denton College. A prayer by Doctor W. C. Lattimore of the First Baptist Church followed, and a quartet gave a rendition of *It is Well With My Soul.'

"The Rev. Wm. Allen delivered an address on the life and character of John B. Denton, which was followed by an address by Rev. J. W. Chalk. Rev. Allen then introduced in turn the two sons and the grandson of Captain Denton, each of whom made short, but feeling, talks of thanks and gratitude for the honor bestowed through their ancestor on them. The quartet rendered 'Some Sweet Day' and 'Rock of Ages,' during the singing of which the pall bearers, Messrs. E. B. Orr, L. Willis, J. M. Swisher, John W. Gober, J. H. Hawkins, and W. C. Wright, lifted the coffin and bore it to the grave in the court house yard, followed first by the relatives present and then the spectators. And the body of John B. Denton, preacher, lawyer, Indian-fighter, pioneer, and hero, was in its last resting place, the third since his death in 1841. The first was on the banks of Oliver Creek; the second, when his friend, John Chisum, exhumed the remains from there and gave them burial at the Chisum Ranch near Bolivar (now known as the Waide place) ; and the third burial, in the court house yard at Denton."