Denton County, Texas - Chapter 8, 1918

Chapter 8

The officers of Denton County and of the territory out of which the county was formed was a matter of small concern to the early settlers. The settlers were usually a law unto themselves. Because of their small numbers, their few misunderstandings were settled by arbitration. There was rarely the need of an officer. The officers were, as a rule, unknown to the settlers, with the exception of the almost ubiquitous tax collector, who insisted upon acquaintanceship with the people, and incidentally collected revenue.

In the days of the Republic this territory was a part of Fannin County, which was then about one hundred miles square, and the county seat was Bonham, seventy-five miles away. The Republic of Texas became the State of Texas in 1845. In 1846, Denton County was carved out of Fannin County. Few legislative dignitaries visited the sparsely settled districts at that time, with the exception of the district judge, who was required to hold two terms of court at Pinkneyville each year. The first district court held at Pinkneyville was in 1847. Judge John T. Mills, who lived at Clarksville, came on horseback. Under a large post oak tree, about one mile southeast of Denton, Judge Mills presided over this early court. His sheriff-elect, William Garvin, for some reason failed to appear. Perry Harmonson was appointed sheriff.

Because of small salaries and fees, offices were not as eagerly sought in the early days as they are at the present time. Usually the office sought the man, and under the old two-thirds rule of the convention plan for higher offices, we secured a high order of talent. The chief "reward" of the office-holder was the honor of his preferment by the people. The Hon. Richard Coke and other great constitutional lawyers served the State as governor at the rate of "$4,000 per annum and no more."

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The Ninth Judicial District was composed of Denton, Dallas, Grayson, Collin, Kaufman, Henderson, Anderson, Houston, and Van Zandt counties and was organized in 1846.

The Sixteenth Judicial District was composed of Collin, Denton, Cooke, Grayson, Wise, Parker, Tarrant, Johnson, Ellis, and Dallas Counties and was organized in 1856.

The Twentieth Judicial District was organized January 20, 1860 with Collin, Denton, Wise, Jack, Young, Throckmorton, ^rcher. Clay, Montague, Cooke, and Grayson counties.

The Twentieth Judicial District was reduced in size October ll, 1866, to Fannin, Hunt, Collin, Grayson, Cooke, Wise, Jack, Montague, Clay, Young, and Denton counties.

The Sixteenth Judicial District was reduced in 1876 to Denton, Cooke, Wise, and Montague counties, but Wise County was segregated by the Legislature in an act approved March 13, 1889.

The Fourth Senatorial District was created February 22, 1853, and was composed of Collin, Denton, Grayson, Kaufman, and Cooke counties. Collin to make returns.

The Twenty-first Senatorial District was created February 6, 1860 with Denton, Cooke, Wise, Montague, Jack, Young, Clay, Wichita, Archer, Wilbarger, Baylor, Throckmorton, Hardeman, Knox, Haskell, Buchanan, Shackleford, and Jones Counties. Wise County to make returns.

From 1869 to 1890 Denton County was in the Denton-Collin County District and from 1890 to 1916 the District was composed of Denton, Wise, and Montague Counties. S. P. Allison, C. P. Lair, John Johnson and H. A. Finch were from Collin; C. V. Terrell and J. P. Hayter from Wise County; George W. Savage and J. B. Riley from Montague County; Malachi W. Allen, Cam Warren, J. M. Blount, F. E. Piner, William Allen, E. C. Smith, and George M. Hopkins were from Denton County.

The Seventh Representative District was organized February 7, 1853, composed of Denton, Collin, and Cooke counties. On February 6, 1858 each organized county was made a representative district, and Denton County since that time has maintained a separate identity.

On January 26, 1858 each county was made a surveyor district. William H. Cochrane was from Dallas County; J. W Throckmorton fioni Collin County, and W. A. Elliott from Cool County.

The Secession Convention met at Austin January 28, 1861. Denton County was represented by J. W, Throckmorton. Tlr articles of secession wei'e passed February 2, and signed by one hundred and sixty-five delegates. Our delegate and six others voted against secession, but all went with the South and performed conspicuous service in the Confederacy.

The territory composing Denton County in the State of Texas has been under six different Hags - those of Spain, France, Mexico, the Republic of Texas, Confederate States, and the United States.

In the years 1839, '10 and '41 the president of the Republic of Texas had in Denton County Mark R. Roberts, Daniel R. Jackson,, and Joseph Sowell, captains of three companies of rangei s organized for the pi-otection of Fannin County against the Indians. These companies were paid off and disbanded by an act of the Sixth Congress.

These men were the real pioneers who marked off the territory with the langer ti'ails and the Indian trails. You could not tell one from the other. One trail crossed Big Elm at the present bridge on the McKinney road and went up the sand hill, just east of the bottom. In making the road up the hill an

From the organization of Denton County in 1846 up to eptember, 1888, a period of forty-two years, we never had any olitical divisions as to county affairs. Not even representatives :om the county to the Legislature were nominated. We had recinct conventions and county conventions, and sent delegates ) Congressional and State Conventions, and participated in ongressional, State, and National politics, but the county offijrs were left to a free, open race, every candidate standing on is merits before the whole people.

The Democracy was overwhelmingly in the ascendency in le county and it was thought best to have free, open races for )unty officers. Some Republicans were elected to county of- 36. But the spirit of unrest came over the people in the State.

The Farmers' Alliance was conceded to be a powerful factor ; that time in State politics. Evan Jones was the president, n effort was made to unify them and the Knights of Labor in 1 opposition ticket to Democracy. Politics could not be disissed in an alliance, but they organized political clubs at each liance and at the close of an alliance meeting they would open leir clubs for political purposes.

Clubs were organized at every schoolhouse in the county ' Denton, and the opposition ticket was rapidly taking shape, tie State organization was perfected as shown by the following [tracts from the Fort Worth Gazette:

"The joint meeting of the Union Labor and Non-Partisan Dmmittee took place today in the third, story of the building on le corner of Elm and Austin Streets. The object of the meetg was to consolidate upon an anti-Democratic ticket. Conary to expectations the meeting was full, that is, every mem- ber of both tht- Xuii-Pai'tisan and Union Labor committees wa present. The Non-Partisan Committee consists of one delegat from each senatorial district. The Union Labor Committee coi sists of one delegate from each congressional district.

"The meeting was presided over by J. E. Martin and tl secretary was H. C. Whitehead of Fort Worth. The gener status of the situation was discussed and Doctor H. S. Broil* was withdrawn as a candidate for lieutenant-governor. Marie Martin of Navarro County was then nominated for governor ii

The organization over the State was perfected. Previous to this time, on May 12, 1888, a convention of men held in Denton calling- themselves "The Farmers, Laborers, and Stock- Raisers of Denton County," had adopted a platform with twenty planks in it, fully setting forth their political views.

The Democratic Convention met at the city of Denton the latter part of August, passed resolutions and appointed delegates to the State and Congressional Conventions. They instructed the chairman, Dr. J. P. Blount, to call the county executive committee together if the Non-Partisans put a ticket in the field for county officers. The Non-Partisans had met previously (on June 23), and had thoroughly organized their forces, with r. Y. Seale, chairman, and J. M. Roark, secretary. On August 7, L888, they issued an address to the Non-Partisan voters of Denton County and closed it by calling a convention to meet in Denton on September 8, 1888 to nominate candidates for the Legislature and for all county offices, to send delegates to the ^Congressional Convention, should one be held, and to perform 5uch other duties as the Convention might deem proper. They "net and endorsed a ticket for county officers.

The Democratic Executive Committee met and called a convention to meet at the court house in Denton. They nomilated a ticket for county officers. A brief speaking campaign A^as conducted over the county by the partisans and at the elec- ;ion in November the Democrats polled on an average about J589 votes, and the Non-Partisans polled about 1077 votes. We lave had political nominations for county offices ever since. Prohibition or Local Option

This issue has been one upon which the people of Denton bounty have often divided and the only real county issue before )ur people. It is not proper to discuss the merits or demerits )f the subject here, but a brief recital of the history of the issue n Denton County is not improper.

tics. Whiskey was sold in many business houses and we hiid but few exclusive whiskey houses. When reconstruction came the new idea called "statutory prohibition" was introduced under the Reconstruction Constitution into Denton County. It \\ considered a Republican measure copied from Maine and forcc^ on Texas as a reconstruction measure. It therefore was very unpopular.

The called session of the Fourteenth Legislature on January 21, 1875 passed an act prohibiting the sale of intoxicating or spirituous liquors within two miles of the town of Lewis ville, Denton County, Texas, and on February 8, 1875 the same Legislature passed a law prohibiting persons, with or without licenses, to sell, barter, or give away, or in any manner dispose of any sirituous, \inous, or other intoxicating liquors within a radius of five miles of Pilot Point, in Denton County, Texas, and fixing penalties for a violation of the same. The laws were very unpopular and were not rigidly enforced.

The Constitution of Texas adopted February 11. 1876 what was called a Democratic way of controlling the liquor traffic '" the State of Texas, i. e., local option laws passed by the Leg lature but voted "on" or "off" by the people at their option, ui' petition and election, in any county or subdivision thereof. W ». have had several contests in the county.

For prohibition, 1,516 votes; against prohibition, 1,346 vates; majority for prohibition, 170; total votes, 2,862. The laws were passed, but were not well enforced.

Against statewide prohibition. 2.354 votes: for statewide rohibition, 1.3:39 votes ; majority against statewide prohibition. .015 votes: total votes. 3,693. The State went against stateride prohibition.

Just after the close of the wai-. in 1S73 to 1S75. there was I secret organization formed in Montague County called the 'Law and Order League." Doubtless no intention to drift into -rime was entertained at the beginning, but like most secret )rders of this kind it soon drifted into crime and a series of nvsterious murders occurred in the county and no one had been able to account lor them. The Krebbs family were murdeicd one night while old man Krebbs was holding family pra\ Doc McClain was killed, Robert Morrow and wife, Elizali Morrow, and Freeman Bediilar were killed on different dai , Several other mysterious murders occurred.

Finally George Brown, Jr., and others were indicted killing- Doc McClain, and Andrew Brown for the murder of Iloln ii Morrow. Several other defendants were indicted. The of Montague County were so wrought up that a change of venue to Denton County was obtained.

On March 9, 1878 in the district court of Denton Coui'^ George Brown, Jr. was tried before the following jury: Z. Harmonson, Ed Munday, G. B. Cleveland, S. T. Coleman, J. li Young, VV. C. Charlesworth, A. T. Cord, R. A. Goodnight, W. F Bradford, J. D. Cayle, J. W. Cunningham, D. A. Welbourn. 11( was convicted and his punishment was assessed at death.

On March 11. 1878 Andrew Brown was put on trial for tin murder of Robert Morrow. He was tried before the followins jury: Sol Carpenter, W. D. Cloyd, S. G. Sconce, W. L. Mattht W. H. Pinkley, William Burris, G. W. Parker, J. I. G. Cowaii E. B. Harry, M. Willis, E. Boone, J. M. Johnson. The jury alsc assessed the death penalty in this case.

Appeal were taken in both cases, but the judgments of th( lower courts (presided over by Judge J. A. Carroll) were '" firmed, and on November 21 these men men were executed shown by the sheriff's report on the writ, to-wit:

"Come to hand on the 19th day of November, A. D. 1879 and executed on the 21st day of November. A. D. 1879, betweei 11 o'clock a. m. and sundown on the said last day mentioned, bj hanging each and both of the within named defendants, Georgj and Andrew Brown by the neck until each and both of then were dead, in the city and county of Denton, outside and im^ mediately north of the jail of said county, in the presence of fiv< freeholders of said county, W. B. Brown. A. G. Stapp. S. H Skinner. L. Willis and W. P. Harmonson.

ause said jail was not so constructed that a gallows could be L-ected therein; that the bodies of said George Brown and Anrew Brown were each and both decently buried.

Many people from over the county attended the execution n the day the Brown boys were hanged. We had saloons in the 3wn then and many of the boys "tanked up" on "white mule There were about fifteen negro men from the east ide of the county in town that day. On returning home that vening a small race war was pulled off at the sand hill about even and one-half miles east of town. The negroes formed cross the road and captured two white men that were drunk nd proceeded to give them a whipping. There were many white len returning home along this road and as fast as they came p they dismounted and entered the fight. Finally some one ailed out, "Knife them, boys, knife them," and the knifing bean. The negroes retreated in disorder after six of them had eceived knife wounds. Two of them, Dillard Thompson and lurrell Campbell, were seriously wounded. This conflict was rought on by parties, both black and white, who were drunk, nd the colored brothers learned by experience not to tamper 7ith untempered mortar.

In the year 1894, J. Q. A. Crews, a tenant on the farm of iLr. Murrell in Cooke County, about half way between Gainesille and Red River, became offended at his landlord over some ainor grievances. He went to his landlord's home and killed /li: and Mrs. Murrell, then proceeded to hunt for their two sons . o kill them. Finally he started to Red River to escape out of ?'exas. On his way he met the youngest Murrell boy and killed lim. Just over in the Territory a man tried to arrest him, who lad nothing but a shotgun loaded with small shot. A fight snsued and the man shot Crews with the squirrel shot, but >ews killed him with his Winchester rifle.

Crews was arrested at Thackerville, I. T., by Charles Liddell, Deputy U. S. Marshal for the Indian Territory. (Liddell was ifterwards killed in the discharge of his duties near Marietta,

I. T.) Crews was indicted in Cooke County and secured a chan^ of venue to Denton County, where he was tried at the spring term of the district court of Denton County in 1895 before the following jury: J. M. London, W. F. Creach, J. L. Parker, A. T. Bates. F. M. Crowley, R. R. Holloway. D. W. Newton, R. M. Cochrane, A. R. McGintie, R. Ledbetter, N. B. Baker, Frank Pierce. The Hon. J. T, Bottortf, a special judge, tried the case.

"Come to hand on the 4th day of October, 1895 and waa executed by me after 11 o'clock and before sunset on Monday, the 14th day of October, A. D. 1895, in said Denton County, Texas, at a place as privately as I could conveniently find, to-wit: by erecting a gallows on the north side of the jail and near to the jail, and enclosing the same with boards and making it aa private as possible. By hanging J. Q. A. Crews, the said person named within the said warrant, by the neck until he was dead, There were present at said execution the following named five free holders of said county, to-wit: L. Willis, C. L. Floyd. A, Wane Robertson. W. Y. Barnett. and A. Collins.

"I did not execute said warrant within the walls of the countji jail because there was not sufficient room to erect a gall* therein. After said execution I turned over the body of the .^ J. Q. A. Crews to the wife and brother of the said J. Q. A, Cr* for burial.

We had one case transferred out of Denton County on petition of defendant, who alleged that he could not get justice ir Denton County. The details of the case are given below :

In January. 1897. a store was broken into at Pilot Point am some clothes stolen. Sheriff Sam Hawkins advertised offering a reward. Three negroes were arrested in Hillsboro and broughl here and jailed, charged with the theft of the goods.

)een. On the morning of February 24, 1897, Mr. Cobberly vent up to the corridor into which the cells opened, to bring ';?own the breakfast dishes, after which he locked the prisoners In their cells. All the prisoners went into their cells except one, jjcorge Henry, a negro, who said he was sick, and he was allowed ,;he privilege of staying in the corridor. When Mr. Cobberly went inside and stooped over to pick up the dishes George Henry hit liim in the back of the head with a round green stick of stovevood, which crushed his skull. Henry then to"ok Cobberly's Distol and was about to shoot him but the remainder of the prisoners prevailed on the negro not to shoot, for the jailer was Already dead. The negro threw the body of Mr. Cobberly down the stairway, unlocked all the cells, and he and his two pals armed ;hemselves and made a dash for liberty. They ran as far out as the College of Industrial Arts' present location before they were Dvertaken and captured. The other prisoners would not go, but raised an alarm which was heard on the square, and the sheriff and a posse went to the relief. Mr. Cobberly died about two lours after being stricken down.

The people of Mr. Cobberly's home community began arriving in bunches about three o'clock and as night approached it looked like a lynching was to follow, but no one had assumed to lead. As soon as darkness came Sheriff Hawkins spirited the negro to the Gainesville jail. Every few minutes while en route the negro would say, "I believe I hear them coming, don't you?"

The district court had met that morning and the grand jury was impaneled. The negro was indicted and his trial set, but tie obtained a change of venue and was sent to Decatur for trial, where he was convicted and hanged about a year later. IHE Organization of the State Militia of Denton County

In the year of 1871, in the month of May, E. J. Davis, the Reconstruction governor of Texas, ordered (by proclamation) W. F. Egan, sheriff of Denton County, to organize the State Militia of Denton County, and the day was set for all able-bodied men to appear and enroll. The town at that time had a few business houses on the north, west and south sides of the square, none on the east side except an old rock jail and Welch & Piner's law office. The square was covered with post oak trees and black jack saplings. On the north side there was a saloon, also one on the south side.

The day opened beautifully bright and clear and the people over the county came together in answer to the governor's call. The town was full of men, who began forming companies and enrolling and electing officers. They began to drink, fist fight, and bluster, declaring that we had plenty of men for frontier protection but mightily few for the protection of the Reconstruction governor. About noon when the whole town seemed to be drunk, the men began to transfer from one company to another, "Scratch my name off Company A and put it on Company C," or "off Company D and put it on Company E," and vice versa, until confusion reigned supreme, and the sheriff's list was a blotched and unintelligible piece of paper and the enrollment a perfect failure.

The sheriff soon had all he could do to take care of the "drunks." He filled the rock jail and the balance he tried to herd together as prisoners. Many of the crowd were really funny, some were "mad," and many amusing incidents happened. One small boy, dressed in his dad's old blue- jeans coat, with its sleeves rolled up and its tail hitting him below the knees, gave a whoop and said he could whip any man in town, regardless of sex, age, color or previous condition of servitude. One poor fellow was up at the old Post Oak butcher house crying, "Let me in," and shaking the lock on the door. One was lying on his back on the square, reaching up in the air, saying. "Where is it? Where is it?" "Where is what?" "The ground. Fll catch it the next time it comes around." One fellow, moderately drunk, was hauling in an ox wagon a man who was "dead drunk," and the oxen ran into the hole of water on McKinney Street just above the bridge and turned the wagon bottom side up over the man.

This is the history of Sheriff Egan's efforts to organize the State Militia of Denton County, and a memorable occasion it proved to be to all present.