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Newspaper Abstracts 1880s

1880 Newspaper Extracts

The Bastrop Advertiser



A good man has passed from his sphere of usefulness.

On the 27th day of February 1881, John Purcell reveived mortal injuries by a fall from his

horse, from which he died in a few hours. Born in the State of Illinois in 1839, he removed

to Texas in 1854, settling in Bastrop county, making our county his residence till the hour of

his unfortunate death.

Soon after the close of the into war, whose hardships and reverence he shared with the citizens

of his adopted State, he was united in marriage with Miss Lavinia Glasscock, a most estimable

lady, who died leaving one son and a most affectionate husband to mourn her loss.

After the death of Mrs. Purcell, the bereaved father turned his whole thought to the future

welfare of his only son, now left alone to stom the tide in life's temperinces voyage.

Though everything was done in the power of medical skill to repair the injury received or to

relieve the intense pain, Mr. Purcell was informed that his injuries were necessarily fatal,

when he quitely replied that he preferred to know the actual situation, and he had always

desired to know when the hour of his dissolution might come.

Expressing an actual hope that he might survive until his aged mother, on whom this sad

aflection falls with crusing weight, might reach his dying bedside, he talked calmly with those

surrounding him, on the subject of his death, expressing his earnest prayers for their present

and sternal happiness.

His son, brought to the dyig father, was embraced with the tender affection, and was with the

fondest devotion of his affectionate and dying father, counseled to live for honor and usefulness

on earth for the glory of his Creator. This scene was truly affecting. The noble boy on

whom the blessings of the divine Father were invoked by the last fervent prayers of his dying

father, was commended for his rearing, to his devoted friend, Mr. Osborn, Bidding a final

adieu to all, the dying man soon passed from the shifting scenes of life's fitful dreams to

bask forever in the felicities of a glorious immortality. He died as he had lived, a christian

gentleman, an exemplary member of the Christian Church, conforming not only to the exterpel

forms, but to the ? spirit of christianity. D. J.


05 March 1881

The Alum Creek reporter chides the Hill's Prairie reporter for dining with "Black"berry

KILLOUGH. [Rasberry KILLOUGH was an African American from Hills Prairie, and the newspaper

was attempting to pun on his first name, "Black"berry.]

Mr. Louis EILERS is at Mardi Gras in Galveston, as are Mrs. Mattie KIRK and daughter, Miss

Georgia, and Mr. Jas. R. REDING.

Miss Susie ERHARD returned home from school in Austin last week and is quite sick with measles

and typhoid fever.

DIED - Mrs. Oscar NASH, at McDade Sunday night. Buried in the Bastrop City Cemetery on

Monday evening. Mrs. NASH was the [paper obliterated] of Mrs. PLOGER of Bastrop.

DIED - Deputy Sheriff John PERCELL [PURCELL?].

Mr. A. J. BATTS of Bastrop has three children down with the measles.

Two of Sheriff JENKINS' best deputies have been killed by their horses near Elgin in the past

two years. First, Bill SMITHSON, whose horse reared up and fell back on him, and now John

PURCELL who died Monday, March 1 at 3 p.m. from being thrown from his horse Saturday last

near J. D. [J. O.?] NEWTON's residence. He leaves one little boy and a few relatives.

[Three separate notices in this issue on PURCELL's death.]

MARRIED - At the residence of the bride's father, on the 27th ult., by Rev. W. WOOTTON,

Mr. Cornelius HEMPHILL and Miss Lelia L. COLLIER of Bastrop County.

Marriage Licenses issued by County Clerk GRIMES from 26 Feb - 01 Mar 1881:


Colored: Rufus RESTCHER [BEATCHER?] to Priscilla MATHEWS.

Chas HONEY [HANEY?] to Lemora? PINE [PANE/PONE?]

DIED - John Holmes HILL, oldest son of A. M. and S. E. HILL, born 10 Sep 1874 and died of

pneumonia 14 Feb 1881, aged 6 years and 5 months. [Long obituary.]


12 March 1881

Brother GRUNDE will erect a Baptist Church on Reid's Creek, 4 miles from Snake Prairie.

R. A. BROOKS of Alum Creek sent a letter to the Editor regarding farming in that area.

Mr. T. B. MADDOX is Post Master at Live Oaks.

DIED - Mr. Joseph SAUNDERS of Smithville on the 18th [of February?]

Col. CLAIBORNE pronounces the Twin Springs "a good egg" and says they make a fellow feel

like he was swinging in a treetop.

Jimmie GLOVER of Austin has been visiting friends in Bastrop.

Deputy Sheriff Wm. BELL arrested on Thursday the following: Primus MATTHEWS and Alsek?

ALDRIDGE, on charge of theft of cattle.

Mrs. Mattie KIRK of the CLAIBORNE House returned from Galveston on Monday bringing with

her Miss Emma JOHNSON who had been on an extended visit to the "Gulf City."

R. A. BROOKS will lecture on "The Progress of Man and His Improvements" at Hill's Prairie,

12th inst.

George FURGERSON [FERGUSON?], convicted of theft of a cow at the last term of the DCBC,

and sentenced to five years in the pen, appealed his case but is on his way to Huntsville,

the appellate court having affirmed the sentence of the lower court.

DIED - near Bastrop, 02 Feb 1881, of Typhoid Pneumonia, Nattie P. MORRIS, aged nine. His

mother died two years ago.


19 March 1881

Bastrop Knights of Honoe - C. B. GARWOOD, Dictator

Gamble Lodge No. 244 - R. GILL, W. M.; Jas. NICHOLSON, Sec'y.

Bastrop Chapter No. 95 - J. H. GOODMAN, M. E. H. P.; Jas. NICHOLSON, Sec'y.

Official Directory

Congressman 5th District - G. W. JONES, Bastrop.

State Senator, 26th District - A. W. MOORE, Bastrop.

Representative - R. A. KERR

District Judge, 15th District - L. W. MOORE

District Clerk - C. B. MAYNARD

County Judge - Dyer MOORE

County Attorney - J. P. FOWLER [later listed as W. E. MAYNARD]

County Clerk - Wm. H. GRIMES; George HANNAY, Deputy

Sheriff - Wm. E. JENKINS; Holland JENKINS, Deputy

Treasurer - John HEARN

Tax Collector - N. A. MORRIS; Geo. HANNAY, Deputy

Tax Assessor - W. C. LAWHON; John KOHLER, Deputy

County Surveyor - Wm. [W. G.] MILLER

County Commissioners:

Precinct No. 1 - John PREUSS

Precinct No. 2 - B. F. HUDGINS

Precinct No. 3 - F.W.R. THORNE

Precinct No. 4 - J. B. SCOTT


No. 1 - T. C. JOHNS

No. 2 - H. YOUNG

No. 3 - J. P. WILLIAMS

No. 4 - S. B. WHIPPLE

No. 5 - C. F. JONES

No. 6 - W. H. COULSON, Sr.

No. 7 - M. S. WARD

No. 8 - E. W. FARMER


Precinct No. 1 - W. J. BELL

Precinct No. 2 - Geo. GALLOWAY

Precinct No. 3 - John MURCHERSON

Precinct No. 4 - The. MILES

Precinct No. 5 - Bates OLIVER

Precinct No. 6 - Thos. BISHOP

Precinct No. 7 - R. S. LEE [later spelled LEA]

Precinct No. 8 - B. J. SOWELL [later listed as B. Z. SOWELL]

City Council Proceeding reported 09 Apr 1881; 16 Apr 1881; 11 Jun 1881; 25 June 1881;

09 July 1881 [two notices]; and 17 Sep 1881.

City Officers:

Mayor - Joseph GLOVER


Chas. WERTZNER, Chester ERHARD, Thos. HODGE,

Assessor & Collector - C. F. PETTY

Treasurer - Otto ELZNER

Dr. R. M. SWEARINGEN appointed St. Health Officer.

Honorable A. W. MOORE has the mumps in Austin.

The reporter from Live Oaks supports the reporter from Hill's Prairie for dining with


L. S. CHAMBLISS and T. L. CLIFTON of Live Oaks are both sick.

Charles W. BYERS, residence unknown, is summoned to appear at the next session of the

DCBC to answer petition of the plaintiff, Therina[?] G. BYERS, for divorce. Plaintiff and

defendant were married 18 Nov 1873 in BC and lived together as husband and sife until on or

about 02 Jan 1874 when defendant abandoned plaintiff. File# of suit: 3098.

Malinda WALKER vs. Clayton WALKER for divorce. Clayton now resides in KS. Malinda SUMMERS

married Clayton WALKER in 1865 in BC and lived as husband and wife until Jan 1880 when

defendant abandoned plaintiff and eloped with one Aley [Alsy?] RAFOR[?]. File # of suit: 3077.

H. S. SMITH, Esq., formerly of Fayette Co., has located in Bastrop and connected himself with

Messrs. JONES, JOHNS, & SCOTT in the law business. SMITH is a graduate of Cumberland

University Law School of Columbia, TN.

Marriage Licenses issued by Co. Clerk GRIMES from 03 Mar - 17 Mar 1881:


George NOBLE to Maggie SNEED

Robert YOUNG to Courtney FLEMING


Sansby [Sausby?] COBBINS [CABBINS?] to Bell JOHNSON

Jack THOMPSON to Easter[?] HOLLAND

Jeff DERRY to Annie MURPHY

Lon GARWOOD is now an M. D. having recently graduated at Rush Medical College, Chicago.

He has accepted a position in the Hospital and will not return home for another year.

The home of Mr. W. B. BRYANT, 8 miles north of Bastrop, was entirely destroyed by fire,

supposed to be the work of an incendiary. Mr. BRYANT and wife lost everything except the

clothes they were wearing. The house was the property of John H. WILLIAMS of Baltimore,

valued at $8,000. It was built in confederate times at a cost of $19,000. No insurance.

DIED - On 27 Feb 1881, John PURCELL, received mortal injuries by a fall from a horse. Born

in Illinois in 1839, he removed to Texas in 1854, settling in BC. He married after the close

of the war Miss Lavinia GLASSCOCK, who died leaving one son. Purcell commended the raising of

his son to his friend, Mr. OSBORN. Leaves also an aged mother.


Events in Bastrop

Occurring for the week ending Saturday, October 15th, 1882. Twenty Eight Years Ago.

The following marriage licenses were issued in the county clerk's office from Aug. 28 to Oct

4, 1882, all white:

Herman Miller and Olga Shwendsfeger

Tony Sanches and Mary Moinecke

August Brademann and Minie Westfall

Ruter Brahn and Susan Berry

Richard Probst and Celia Hanke

John Wilson and Jane Wilson

J. J. Sears and Miss Fannie M. Whisenant

Charley Preuss and S. R. Keepers

J. R. Rennie and Ella Horner

T. H. Gould and Ruthe Farris

J. M. Alexander and A. H. Alexander

E. W. Jenkins and C. Glover

S. R. Purcell and Kate Hanna

G. I. Gordon and Minerva Phillips

P. S. Parmer and Georgia R. Farmer

Louis Minke and Martha Smith

A. B. Blanton and Julia Meeks

W. C. Bellany and Julia Ann Bowers

G. H. Awalt and M. E. Scarborough

The following notice of the stock farm of Sayers and Walton was copied in the Advertiser

from the Texas Live Stock Journal of October 6, 1882.


The following account of the arrest of Tom Pearson appeared in the old Advertiser:

"Sherman, Oct. 2, 1882 - Deputy Constable John Moreys, of Van Alstyne, arrested a man named

Pearson yesterday, charged with murder in Bastrop county, in 1873. Pearson would probably

have remained undiscovered, as he has been a resident of this county for the past two

years, working as a farm laborer, and was not suspected of anything wrong until in a drunken

spree he informed a boon companion of his being indicted in Bastrop County. The authorities

there were communicated with and in answer they sent a capias for him for murder. Diligent

inquiry failed to discover the name of the party he is charged with killing.

"Tom Pearson, man referred to in the above telegram, was, in 1873, a tenant on the farm of

Judge Eastland, in the southeastern part of Bastrop county.

A negro named Wilkes Franklin, on the adjoining farm of Mrs. Ware's was waylaid and shot to

death. He was plowing in the field and was shot by someone concealed in timber, as he

approached the fence. This occurred in June 1873, and about 3 o'clock in the evening, Franklin

expiring about sundown. Before his death he made a statement in which he declared that Tom

Pearson did the shooting. Pearson was arrested and placed under a $1,000 bond, with Judge

Eastland and Mr. John Jenkins as sureties. Shortly after giving the bail he skipped the

county and has never been heard of since until the notice from the officer as above


The following grand jurors were summoned for the term of district court to convene in

Bastrop, Monday, Oct. 17, 1882.

Enoch Smith, Wade Dixon, J. I. McGinis, Thos. Paine, Cornelius Hemphill, T. C. Hallmark,

David French, Aaron Kennedy, Richard Hancke, Forry Pope, T. C. Osborne, Ed Bastian,

W. A. Oatman, Jas. Fitzwilliams, Ben Williams, T. C. Hendrix.

A. Wiseman bought seventy odd bales of cotton, of the crop of Mr. Mark Young, Monday

at 9 1-4 cents.

Mrs. M. A. Buell nee Mrs. Maggie Nicholson, who has been on a visit to Bastrop for several

weeks, left the early part of the week for Travis county, her future home.

Col. Jones, independent candidate for governor, returned home Wednesday evening. The

Colonel though fatigued from the ....

In another column will be found the card of Mr. N. A. Morris, withdrawing from the

canvass for tax collector of Bastrop county.

It was Louis C. Shilling, the eldest brother, who killed Scott at Loredo, last week.

On the examing trial he was held in the some of $10,000. The case is to be taken

up on a writ of habeas corpus, as it is generally considered the killing was justifiable.

On Friday evening lasat, the gin belonging to Mr. B. F. Jones, at Alumn Creek, was destroyed

by fire. The fire is supposed to have originated from a spark of fire falling from the

chimney into the lint room. Some ten bales of cotton inside of the gin, and thirteen

bales lying in the yard, were burned. The gin and buildings were insured for the sum of


The Bastrop and Alumn Creek clubs will play their third game, best two in three, on Piney

Creek, above town today. It is proposed to have a picnic dinner, and a party at Academy

Hall tonight. The game is to be played about one o'clock. Everybody and friends are invited

to the picnic and the party.

A Young man named Henry Scruggs, living near McDade, had his arm badly mutilated in a gin

last week, so much so as to require the amputation of the hand. The operation was performed

last Saturday by Dr. Holt, of McDade and Dr. Luckett, of Bastrop. The young man was doing

well at last accounts.

The McDade gin, the property of Mr. Neil F. Campbell, was burned on Monday last. The fire

was discovered about 2 o'clock in the morning, but too late to prevent the destruction of the

property. There is no doubt of its being set on fire. Some eight bales of cotton were

burned. The property was insured for $2,600, but the insurance will not cover the loss.



Mr. McDonald came down Friday of last week and began the work of laying the foundation for

the new court house. After looking at the different rock quaries near town, he has about

decided to take rock for the foundation from the Cemetery grounds, and has offered the

Ladies Cemetery Association $100 for the privilege guaranteeing to refill all places from

which the rock is taken and to make the roads in, to and from the Cemetery grounds smooth

and in good condition.

Home enterprises should always be patronized in preference to others, especially when they

offer equally as good work. Messrs. Underhill & Co of Austin deal in the best quality of

foreign and domestic, and their clever agent, Mr. J. C. Collins visits Bastrop once a month

to receive orders guaranteeing work and goods.

Orders left with Mr. Louis Eilers will have prompt attention.




Miss Delia Reynolds returned home from a visit to Belton Saturday, accompanied by her sister

Mrs. Mary Petty.

Mrs. J. D. Sayers returned home from Bardett's wells Monday, much improved in health.

Mrs. John Hearne returned home from the Winchester wells Monday, with her health greatly


Mrs. H. P. Luckett and family, leave Monday for a visit to Lampassas springs.

Rev. A. G. E. Jenner and wife, returned from Manor Wednesday.

Col. Charley Morgan is the happiest man in town. It's a boy and mother and baby doing well.

Miss Nettie Walker, niece of Mrs. C. B. Garwood, who has been attending the Academy school

the past session, left for her home at Lampassas, accompanied by little Miss Blanche Garwood,

Thursday. Major C. B. Garwood escorted the young ladies as far as Brenham.

Mr. A. Wiseman our clever cotton merchant, left Wednesday morning for New York, to be absent

several weeks. He will purchase a large stock of general merchandise while in New York.

Major. J. D. Sayers left Wednesday morning on a business visit to Austin.

Sam Koppel of Austin, was on a visit to Bastrop this week.

Major D. W. Jones, of Austin, who was accidently shot through the fleshy part of the leg

several weeks ago, has so far recovered as to be able to ride out, and we hope he will soon

be able to lay aside his crutches.

Miss Annie Thomson returned home from a visit to Temple, Monday.

D. M. Scott, Esq, we learn, has purchased from Major Sayers, the house and lot on Main Street,

now used by him as a law office, paying $900 for same.

Mr. Jacob Green of Waco, is visiting Bastrop a guest of his brother, Col. R. S. Green.

Hon. Robt Kerr, colored representative to the legislature from this county last term, has been

suffering with erysipe lasion sometime, and left last week for Hot Springs, Ark, to try the

medicinal qualities of the Hot Springs waters.

Mr. J. C. Collinms, the clever agent of Underhill's Marble Works, Austin, is canvassing

Bastrop for orders. He will visit Bastrop about the 15th of every month, ad persons wanting

tomb stones, family enternments, iron fencing, etc will find it to their interest to give

Mr. Collins their orders. He will repair and place i order all tombstones now on the grounds

requiring attention.

Mrs. S. J. Orgain leaves next Monday on a visit to Canada to spend the summer.

Miss Susie Erhard will leave Monday on a visit to friends in Bryan.

Mrs. Laura McKean, after a pleasant visit of several weeks in Bastrop left yesterday for Austin.

Mr. Augie Eilers returned to Austin yesterday.

Mr. J. W. Reding and sister, Mis Belle, left for Brenham Monday, to attend the burial of the

little son of Dr. and Mrs. J. P. Early, who died in Temple Sunday night.

Col. Jung has sold the brick building kown as Craft's H&H, next to the Claiborne House, to the

colored Old Fellows for $1000.

Mrs. Belle Robinson of Brenhen, Freiden, Navarro county, Texas is visiting relatives and friends

in Bastrop, and stopping with her father Dr. J. C. Duval.

Miss Mattie Glover returned from a pleasant ten days visit to Austin, Wednesday.

Mr. Max Starcke, of Dallas, is visiting Bastrop, and stopping with his father, Dr. H. Starcke.

Mr. Isaac Lewis, and wife left for a visit to Calvert, Monday, to be absent several weeks.

Mr. Wilkins Duvall, after a ten days absence, returned home Wednesday.

Gus Jung recently a clerk in the store of R. A. Gill, has gone into business in Waco.

Col. Phil Claiborne returned home from a jaunt through Travis and Williamson counties, Thursday.

The Nash and Cartwright case, it is thought, will certainly be decided by the Appellate court


Mrs. Caton Erhard wentn up to Austin, Friday last, to visit her son, Mr. Albert Erhard, who has

been quite sick but is reported much better.

Dr. D. C. Lea, left Tuesday morning for San Marcus, on a summon to the sick bed of his brother

who is reported seriously ill.

A little colored child fell in a well, 17 feet deep, on Major W. C. Powell's farm, Thursday

killing itself almost instantly.


To the members of all Lodges of A. F. & A. M. Masons in Bastrop county: You are hereby

invited to participate...



At Del Valle, yesterday afternoo about four o'clock, a most foul murder was committed.

The facts, as briefly stated by Mr. Thomas Pearson, nephew of the young man shot, are as


About a year ago William Pearson and Marsailles M. Costley had a difficulty on account of a

girl, in which the latter was severly cut. Yesterday Wm. Pearson went to the residence of

Dr. Maxwell, near Given's store, as his mother was sick. He found the doctor lying down and

Costley was standing near the bed. As Pearson stepped in he leaned up against the door and

told the doctor his errand. At the same time Costley grabbed a revolver belonging to the

doctor, which was hanging on the bedstead, and fired at Pearson without a word. The ball

took effect in his left breast and as Pearson turned to get out of the way, Costley fired two

more shots both of which took effect in Pearson's back and he fell. Then Costley shot him

in the back of the head and jumped on his horse and fled. Mr. Pearson's father offers $500

reward for the body of Costley, dead or alive. Justice Rosenburg issued a warrant last night,

and officers are in search of the murderer. - Statesman



Marcellus Costley Surrendered.

Austin Daily dispath.

This morning Marcellus Costley who several weeks ago shot and killed young Pierson; a full

account of which was given to the Dispatch, came in and surrendered to Sheriff Hornsby and

is now in the county jail.

This reporter called at the jail to interview Mr. Costley in regard to the crime with which

he stands charged. Mike Hornsby, our polite and efficiet Sheriff, introduced us into the cell

in which Costley was confined. Here we found the subject of our search calmly reposing on a

couch. Upon being introduced we were invited to make ourself at home and accept such

hospitality as he i his present quarters, could extend. In appearance Marcellus resembles

very much his father, John M. Costley, who is one of the best known and most esteemed citizens

in this county. A perfect blonde, manly in appearance, yet with an expression and voice as

gentle as that of a woman. He said he had no public statement to make in justification of the

crime with which he stands charged, but at the proper time when placed on trial before the

courts of his county, he would produce such evidence as would acquit him. He had never been

guilty of any intentional wrong in his life, thought that all the circumstance surrounding

his trouble fully justifies him in the steps that he has taken. He was willing to go to

trial upon the merits of his case. In conversation with well known and reliable citizens,

all pronounced young Marcellus Costley to be a sober, reliable and industrious young man.


Bastrop Advertisor 1/1884:

Special Telegram to the Post:

AUSTIN, TX, January 22-A few days after the recent killing at McDade, which

created such a sensation throughout Texas, Marion Beatty, brother of Jack and

Az Beaty, killed at that time, left for parts unknown, alleging as his reason

that because of his relationship to the dead men, he feared for his personal

safety. It now transpires that he had more weighty reasons for his departure

in that a charge of robbery was resting against him. His whereabouts remained

a secret until a few days ago, when he was discovered at Taylor, in

Williamson county.

Sheriff Jenkins, of Bastrop, telegraphed the Marshal of Taylor to arrest

Beatty on the charge of robbery, which was done, and Beatty was brought to

Austin this evening in charge of Marshal Olive.

LATER-The Marshal received a telegram asking him to bring Beatty to Bastrop.

This he declined to do and neither will he consent to turn him over to any

subordinate officer or committee. Sheriff Jenkins must either take him in

person or he will turn him loose.

Marshal Olive fears violence to Beatty if he should attempt to carry him to

Bastrop by way of McDade. Felix McLemore, brother to the men hanged at

McDade, is also in the city and was with Beatty when the latter was arrested

at Taylor. Milton and Bishop, concerned in the shooting at McDade, were also

at Taylor when Beatty was apprehended. The prisoner is held here subject to

Sheriff Jenkins demand in person.


The preliminary examination of Haywood Beatty, Chas. Goodman and Robert

Stevens, charged with assult with intent to murder and murder, at McDade,

Christmas day began in Justice T. C. Baird's court, at Bastrop, Monday,

January 14th, 1884, and was concluded Friday, January 18th, 1884, resulting

in placing Haywood Beatty under two bonds, aggregating $7500; Robert Stevens,

two bonds, aggregating $5000; Chas. Goodman, two bonds; aggregating $1000 in

default of which all three were remainded badk to jail. County Attorney W.

E. Maynard represented the state and Messrs. Jones, Johns & Scott the

defense. The attorneys for the defense have sued out a writ of habeus

corpus, before Hon. L. W. Moore, district judge. We give below the

statements of Haywood Beatty and Robert Stevens made in open court together

with all the important evidence for the state and the defense:


"I, in company with my two brothers, and Robert Stephens, Charley Goodman and

Byrd Hasley, went to the town of McDade on the morning of December 25, 1883.

I went to get some money I had at Mr. Milton's -thirty five dollars. I

carried my pistol with me , so as to get some cartridges to fit it. I did

not have but four cartridges in my pistol. I wanted to kill some hogs in a

few days; they were running in the woods. I went into Milton's store and was

talking to Wilson Hollman, and intended to speak to Milton in a few minutes

about the money. I heard a pistol fire out of the door on the street; and

thought it was a firecracker when I first heard it. I then stepped to the

door and Thomas Bishop and Az Beatty had hold of a pistol and Az Beatty was

shot. I says, what do you fellows mean and said stop that now. About that

time my brother, Jack Beatty, stepped up and commenced to talk to them. Mr.

Milton was coming to the door with a pistol in his hand and I thought from

the way he acted that he was going to shoot me. I said "hold up, Mr.

Milton''. and he turned around and went back into the house and I went out to

where the boys were. I said, "Tommie, what is the row about? and he said

"what are you coming out here for with your pistol out?' I then threw up my

hands and said, "I ain't got it out.' About that time Milton came to the door

with a double-barreled shot gun and said, "get away from there, everybody.' I

then started to run in the direction of Bassist's store and the shooting

comenced. Both of my brothers were shot down. I was off about thirty steps

when Milton shot me twice with a shot gun. I was running' when he shot me.

The last time I pulled out my pistol and shot at him twice. I do not

recollect seeing Griffin during the fight. If I shot Griffin I did it

accidentally. I and Griffin, and Bishop and Milton had always been good

friends and on good terms. I had always sold Milton my cotton and traded with

him. After I was shot I went below town, crossed the railroad and through

Milton's pasture home afoot.


On the 21st day of December 1883, I went down to my place on the Yegua seven

miles from where my mother-in-law (Mrs. Beatty) lives, to see Mr. Tannyhill

about renting my place to him. I left Mr. Tannyhill's about 3 o'clock in the

evening, and went to Mrs. Beatty's. Got to Mrs. Beatty's about sundown. My

family was at Mrs BEatty's. I ate my supper there and then went to the

Christmas tree, at the Knobs. I went from the Knobs to Baggetts store and

remained there about an hour. I went from there to my mother-in-law's and got

there about 10 o'clock in the night of the 24th of Dec. 1883. I remained

there until after breakfast next morning. My wife told me I had to go to

McDade to get some medicine for one of my children and to take a pair of

boots and exchange them at Mr. Billingsley's store. When I got there Mr.

Billingsley asked me if I had seen anybody hanging to a tree. I told him I

did not see anyone. I then asked him if anybody was hung. He said, yes,

either hung or killed. I asked him, who it was? He told me that it was Thad

McLemore, Wright McLemore and Henry Pfiefer. I then went to the bar where

there was a lot of men talking. I stayed there a few moments, then went and

untied the boots from my saddle and went up to Mr. Billingsley's store to get

them exchanged. While I was looking for the boots I heard a gun or pistol

fire. I stepped to the door and looked down the street and saw that somebody

was shot. I started down there and saw that it was Az Beatty shot. I then run

up to where he was, I asked if he was shot? Jack Beatty, I think, had hold of

him under the arms and was holding him up. Jack Beatty said that he (Az

Beatty) was shot in the hip. About that time he turned loose of Tom Bishop's

pistol. then Tom Bishop says to Az Beatty, "What do you mean by coming here

and jumping on me? Az Beatty never said anything. About that time Haywood

Beatty stepped up in front of Tom Bishop. Bishop said 'What did you come up

here for?' Then Tom Bishop commenced shooting. About that time Mr. Milton

came to the door with a double barrel shot gun. He said 'get away from

there?' Then I started off looking backward and then they began to shoot;

then I met Willie Griffin, close to the beef market; with a six shooter in

his hand. I then ran off below the blacksmith's shop and below Oscar Nash's

livery stable. There were two other men who ran off down there when I did. I

did not know who they were, I told them to go up there and see if the boys

were killed. I told them that I was afraid to go back up there for fear they

would kill me. They said they were afraid, too. I then went back to the north

side of Billingsleys store. I stood there a few moments and then I went up to

Mr. Westbrook's lumber yard. I saw Milt. Kennedy. I asked him if the boys

were killed. He said, 'yes and Willie Griffin, also'. Kennedy said for me to

go away from there. I then broke to run, and Bishop and Milton saw me as I

ran and shot me as I run. As well as I recollect there were three shots fired

at me. Two shots hit me, one in the left hip, and one in the right leg just

above the knee. I was unarmed and in my shirt-sleeves all the time I was in

McDade. I went from there home and left my horse in McDade; got home about 2

o'clock, in the evening; my wounds were getting very sore when I got to Mrs.

Beatty's. Haywood Beatty was at Mrs. Eatty's when I got there. I knew

nothing of any trouble until I heard the shot fired, while I was at

Billingsley's store. I thought Bishop and Milton were good friends of mine.

I did not think I had an enemy in the world.


being duly sworn for the state, says;

I am acquainted with the three defendants, Haywood Beatty, Bob Stevens, and

Charley Goodman. On the morning of the 25th of December last as I came into

my store, I noticed four men ride into town from across the railroad and stop

at the saloon. The four men were Az Beatty, Haywood Beatty, Charles Goodman,

and Bert Hasley. As they stopped and began to dismount, Az Beatty turned his

horse and loped out of town. Directly he came back and in a short time

afterwards Jack Beatty and Robert Stevens came in riding from the same

direction. Tom Bishop, Dr. Vermillion and Hollman and myself were on my

store gallery and some one made the remark, 'wonder what they are coming in

so early for.' and I said I suppose it is Christmas times and this is the

reason. I went back to my desk and began writing letters and attending to my

business. In about fifteen or twenty minutes Jack Beatty came in the store

and came right back to the safe where I was standing, he on the outside of

safe and I back behind the safe. He began to talk to me about Haywood Beatty

being accused of being accessory to the murder of Bose Heffington. He seemed

to be considerabley excited, and said some G_d d_d s-s of b-s in McDade had

been accusing Haywood Beatty of being concerned in the killing of Bose

Heffington, and it was a God damned lie. That he believed old Kige Highsmith

was one of them, but there were others that were accusing Haywood Beatty of

this. I told him that I had not beard anyone accuse Haywood of being in the

killing but that I had heard it reported ar9ound that Haywood Beatty had

carried Jeff Fitzpatrick out of town behind him on his horse the night he

killed Heffington. Jack Beatty then said that report was a damned lie too;

that Haywood had nothing to do with it. Jack BEatty then asked me if

Heffington in his dying statement had accursed Haywood with having anything

to do with the killing. I told him no. He said, well there have been three

men taken out of this town last night, and as he made this remark the firing


I heard the struggling just abut the time the shot fired. I turned my face in

that direction and I saw Haywood at the left of the door advancing toward the

inside. Charles Goodman and Bert Hasley on the other side of the door. I

advanced towards the door from behind the counter. Jack Beatty also advanced

toward the door, he being in front of the counter. As I advanced I hollowed

to them several times not to do that. When I got to the end of the counter

about the middle of the store I turned out from behind the counter, to go

towards the door. Jack Beatty was then ahead of me, and he turned on me.

Fronting me and said several times that I should not or must not go out. I

drew my pistol and told him to back. He wheeled then and run out of the front

door. I then discovered Haywood Beatty to the left of the door, and right at

the door with his pistol drawn on me. Bert Hasley and Charley Goodman were on

the other side of the door with pistols drawn had them up in their hands

ready to shoot. I backed then, with my pistol drawn towards the door pointing

first to one side of the door and then the other. to keep them from shooting

in it. I backed behind the counter to where my gun was, dropped my pistol

into my pocket, took up my gun and cocked both barrels and then advanced to

front of the store as soon as possible. I kept the gun pointed to the side

of the door where Haywood was and would point it to the other side when I

would see them poke their heads in. I fired on them at the left of the door

before I got to the front of the store. Haywood left thsat side of the door

then and ran back out into the street. I then went to the door and Charley

Goodman and Bert Hasley were backing off from the store to the left with

their pistols drawn. I noticed at this time Bob Stevens about the market

house, about fifty feet distant and near my fence. I heard a report at this

time from the right and turned my head and saw Az. Beatty fall and I then

heard another report to my left and in the direction of Stevens; I then heard

a pistol shot to my right, and looking saw smoke coming from Haywood Beatty's

pistol. I then saw Griffin down and Haywood Beatty's pistol pointing in the

direction of Griffin. He was lowering his pistol and I saw the smoke coming

from it. Haywood Beatty was running backwards and firing as he ran back.

All this time there was a stuggle going on between Tom Bishop, Jack Beatty

and Az Beatty. Bishop and Az Beatty were down on their knees. About the

time that Willie Griffin fell a report of a pistol shot came from where

Bishop and Az. and Jack Beatty were struggling, and Jack Beatty fell. During

this time Haywood Beatty was firing as he retreated backwards. I threw my

shot gun down and shot at him. I turned then and fired at the others as they

backed off. At the time, Jack Beatty came back in o my store where I was

writing I noticed Haywood Beatty, Bert Hasley and Charles Goodman about the

front of the store. While talking to me Jack Beatty seemed to be excited and

mad. Jack, while talking to me, put his righthand into his left bosom several

times. I don't know what he meant by it. The parties at the door with

pistols drawn and Jack Beatty seemed to have for their ogject to keep me from

coming out of my store. I did not notice anyone else at the place where

Robert Stevens was standing at the time I heard a shot fire about where he

was. As soon as I heard this shot fire I saw Robert Stevens run in behind the

building. If Haywood Beatty shot at me he shot immediately after he shot

Will Griffin. At the time Haywood Beatty fired I had my face turned in

another direction and when I looked toward Haywood Beatty he was facing me

and lowering his pistol, the barrel being pointed towards me and I saw the

smoke coming from it. This was before I shot at Haywood Beatty. I saw

Haywood Beatty shoot at Tom Bishop. After Haywood Beatty downed Willie

Griffin and shot at me he then shot at Tom Bishop several times. Tom Bishop

was struggling with Az and Jack Beatty at the time Haywood Beatty shot at

him. There were forty or fifty shots fired. When I started to the front

door, Haywood Beatty was standing right at the door, with his body behind the

door facing, and he would look around and point his pistol in the door, and

he then told me that I should not go out there. AT this time there was

struggling going on outside. This occurred on the 25th day of December 1883,

in Bastrop county, Texas.

Bastrop Advertisor 1/1884:


being sworn for the state, say:

'I know Haywood Beatty, Robert Stevens, Charlie Goodman and Bert Hasley. I saw Haywood

Beatty, Charley Goodman, Az Beatty, and Bert Hasley come into McDade together on the

morning of the shooting. They came from across the railroad by the hotel. They rode up to

the saloon and al got down except Az Beatty, who waited a few minutes and then rode back

in the direction from whenee he came. In about 10 or 15 minutes Az Beatty came back and

Jack Beatty and Robert Stevens came along behind him but they were not together. Robert

Stevens and Jack Beatty came up in front of the saloon and got off their horses. When Az

Beatty went back he went in a lope. While there at the saloon Jack Beatty and several were

talking about the mob the night before and Jack Beatty said there are a G-d d-n lot of s-s

of b-s around here accusing boys of doing things they are innocent of. Then Jack Beatty got

up and pushed me and took me around the corner of the house, and when he got there he said

Capt. Highsmith, d-n s-n of b-h, was who he was hitting at. Then he asked me which way that

mob went. I told him that McKinley told me that they went around by John Kennedy's and around

by the church. He then said that they went on down to Milton's house. He said that Bishop

and Milton had accused Haywood Beatty of helping Fitzpatrick to kill Hefflington and robbing

Winn, and that I, or we, intended to kill both Milton and Bishop. Then Haywood Beatty and

Oscar and some of the boys stepped up to where we were talking and Jack left. Jack BEatty

said Milton and Bishop were g-d s-s of b-s at the time he said we, or I intended to kill

them. When I walked around in front of the saloon I told the boys that if they wanted to

find out anything the way was to keep quiet and not say anything. I asked then to go and

take a drink with me and Haywood and one of the other boys went in. In about five or ten

minutes after I left the store and by the time I had gotten up by the Grange store, I heard

a pistol shot, and then shooting commenced. When I told them that I would not say anything

more about it Haywood said "I won't say a d-n thing more about it".


being sworn for the state, says:

"I was at the saloon in McDade, on the morning of the 25th of December last. All three of the

defendants were there; Jack Beatty and Az Beatty were also there. I asked them if they had

heard of the hanging the night before and some one of the crowd said they had not heard it.

I told Haywood Beatty that some one had remarked that the mob had called for him. Haywood

BEatty said that they could get him. I heard Jack Beatty say that there was one s-m of a b-h

in town, not far off, who had been talking too much, and if he did not mind he would get

killed, and he said there were others in town who would suffer, too. When I told them that

I had heard about the mob calling for Haywood Beatty, it seemed to make Stevens and all of

them mad. Stevens talked in an angry and excited manner. In about ten minutes after this

conversastion I heard the shooting. I saw Stevens again just after the row commenced, going

down towards MIlton's store. He was running pretty fast when I saw him. I saw two shots fired.

Don't know who fired one of them, but the other was fired by Haywood Beatty at Tom Bishop.

Bishop was standing at the time. Bishop's back was to me; can't say whether he was in the act

of shooting or not, I can't say whether he had a pistol.


being sworn, for the state says:

I am acquainted with the three defendants. I was sitting on the gallery of MIlton's store the

morning of the shooting and reading a medical journal. Mr. Milton was back in the store at

the desk writing. While there four men rode into town. They hitched their horses near the

saloon by putting the reigns over the horns of each other's saddle. One of them looked down

the street and around and then got on his horse and rode out of town. These parties were

Haywood BEatty,. Az Beatty, Charles Goodman and Bert Hasley. The one who rode out of town

was Az Beatty. He came back in a few minutes with Jack Beatty and Bob Stevens. Some came

down to the post where I was sitting and some remained at the saloon. I think Charles Goodman

came by and shook hands with me. He came back and went in by the beef market. Haywood and

Jack Beatty came into the store. In a few minutes Az Beatty came down the street in a hurry,

and when he got to the gallery he put his foot on the step and said "Tom Bishop, you G-d d-d

so-n of a b-h, if you don't leave town I will kill you in twenty minutes." He then threw his

hand behind him under his coat as if he was going to draw a pistol, and I asked him what right

he had to make me leave town. He rushed towards me and said he would show me, and I got up

and commenced to point my pistol. He shoved me off the gallery on the ground and I fired. He

had hold of my pistol; when I fired he let loose. Several ran up, and commenced shooting at

me, Haywood Beatty was one of them and Charley Goodman was one. I was standing up when Haywood

BEatty and Charles Goodman shot at me. I had not shot or attempted to shoot at Haywood Beatty

or Charley Goodman when they shot at me, Jack Beatty came-running up with a knife drawn on

me, and he cut at me. Just as the shooting was about to stop I saw Stevens about the corner

of the beef market and he started to run across the street. He ran in the direction of the

lumber yard. Haywood shot at me five or six times. Goodman shot at me two or three times. I

took it to be Haywood Beatty who shot in the direction of Willie Griffin. While Az Beatty was

talking to me Jack Beatty was in the store and Haywood Beatty was in the store or near the

front door. When Az Beatty came down to the store he came in a very fast walk or run. He

seemed to be angry when he first came to me. Saturday evening before the difficulty at

Milton's store, Az Beatty said that the wouldn't leave town until he got away with Tom

Bishop. I told him that was as good a time as any. Az Beatty weighed about 165 or 170

pounds. Haywood Beatty asked Az to het on his horse and go home. This was the Saturday

before and Az said he would not go until he got away with Tom Bishop.

Cross Examined: Willie Griffin ran down from the Nash Saloon while the fight was going on.

He was armed with a Colt's 45 pistol. He came up with the pistol in his hand. Can't say

whether he fired it or not. Willie Griffin fell six or seven steps south-west and to my

left, while Haywood Beatty was a little to the right and back of Willie Griffin. While the

fight was going on I saw Stevens with Charley Goodman and Bert Hasley between the store and

beef market, and Goodman shot at me.

Re-examined: Young Griffin is my wife's uncle. At the time Griffin was killed he was not

standing directly between me and Haywood Beatty. He was to the left. If Haywood Beatty had

shot at me he would have necessarily missed Griffin four feet or more. Stevens is a brother-

in-law to the Beattys.


being recalled for the state, says:

I saw part of the shooting in McDade on the morning of the 25th of December 1883. The first

shot fired and I looked around and saw Az Beatty and Bishop scuffling then another shot fired

and then they stepped off of the gallery and got out a piece from the gallery and Az BEatty

fell; both of them had hold of a pistol. Jack Beatty ran up close to where Bishop and Az were.

Jack reached out one hand as if to catch Tom Bishop and then stepped back; then Bishop got

his pistol from Az and shot Jack Beatty and he fell. The Will Griffin ran up close to where

Bishop was, and had his pistol up in his hand, then Haywood shot and Will Griffin fell.

Haywood Beatty pointed his pistol at Griffin and shot, and Griffin fell. Haywood Beatty was

about 12 or 15 feet from griffin when he shot. There were 25 or 30 shots fired.


for the state: Was in the saloon when the men rode up on the morning of December 25th; heard

Jack Beatty say that "there were some G-d d-d s-s of b-s in the town who had accused Haywood

Beatty of being concerned in the killing of Heffington and G-d D-n them some of then had to

die and they were not far off'. He saw Haywood Beatty shoot Willie Griffin, don't think

Griffin shot anyone but that his pistol went off as he fell;did not see Goodman during the



for the state; Was present when the men rode up to the saloon; they were talking about the

hanging; one of them said the man who would take old man McLemore out and hang him was a G-d

d-n rascal, and about that time Jack Beatty said, "Let Bishop and Az Beatty come off the

gallery at Milton's store and if they were struggling; saw Haywood Beatty with his pistol

on the left side of the door; saw Tom Bishop jerk the pistol from Az Beatty, and then thought

he heard the report of a pistol; then saw Goodman shoot from the butcher shop; Milton then

stepped off the gallery and said, "that won't do boys; that won't do;' hen heard two shots

from a shot gun. Haywood Beatty then gegan to back and then he shot towards Tom Bishop and

then towards Milton; the third shot that Haywood Beatty made he had his pistol pointed at

Will Griffin, and Griffin fell. Haywood Beatty and Goodman both shot at Milton and Bishop

before either of them shot at Haywood Beatty and Goodman.


for the defendants testified as follows;

'I am the wife of Jack Beatty, deceased. I last saw him at his father's on the night of the

24th of December, 1883. We went over there to stay all night. Robert Stevens and his family

were also at old man Beatty's. Jack Haywood and Az Beatty together with Robert Stevens, Chas.

Goodman and Bird Hasley left old man Beatty's about 7 o'clock to go to McDade; they would

be back by 11 o'clock. Jack Beatty had no pistol and left all the pocket knife he had at

home (The knife was here produced in court). Jack Beatty had Horace Nash's pistol borrowed

for the purpose of killing hogs. The pistol was at home in the bureau drawer. Jack Beatty

had no pistol of his own.


being sworn for the state, says:

I was standing about 80 yards from the store where the difficulty occured; saw Az shove Bishop

backwards off of Milton's gallery; shoved him about 25 feet from the gallery. Bishop falling

ratherin a squatting position; theywere scuffling over something in the hands of one or the

other; while in this position Jack Beatty ran up a few feet of them; about this time there

was another pistol shot; Az fell back in a seated position; all this time the firing became

general. Directly after Jack Beatty fell I saw Haywood pass around from the direction of the

house to opposite side of the parties mentioned at about this time I saw Griffin fall; when

Haywood Beatty moved further from the parties and a little to the left and fired in the

direction of Bishop. Bishop returned the fire immediately. About this time I saw Milton

appear and fire in the direction of Haywood, then Haywood ran in the direction of the stock

pen; the second shot seemed to be between Bishop and Az.


being sworn for the state says:

Goodman came in to Bassist's store, in which I am clerking, on the morning of the shooting in

McDade and about 15 or 20 minutes before and bought fifty 44 Winchester cartridges. I have

sold these same kind of cartridges for pistol use.


being sworn for the state, says:

I saw some of the shooting at McDade on the 25th of December 1883. I was in the back part of

Bassist's store when the shooting occured. I ran out on the front gallery and was there about

100 feet from the shooting. I saw Az down on his knees and he and Bishop seemed to be


scuffling over a pistol. Directly Haywood ran aroudn out of Milton's house, about that time

Griffin came up and about that time Jack Beatty ran out and at this time MIlton stepped out

on his gallery and he had a shot gun. During the fight, Haywood ran up on our gallery and as

he came up he was either taking the blank cartridges out of his pistol or reloading it, I

can't say which. I told him to get off the gallery and he did so; did not notice him any



being sworn for the state, says:

I saw some of the shooting at McDade, Dec 25, 1883. I saw Haywood shoot at Griffin and saw

Griffin fall. I don't remember seing Goodman shoot as I was watching Haywood Beatty.


being sworn for the state says:

I was in the depot when the shooting occurred, in McDade. I saw Haywood Beatty shoot Willie

Griffin. I saw Haywood shoot at Thomas Bishop. I did not notice Goodman Shoot. I was about

50 yards out. Griffin was standing still, with pistol in his hand, when Haywood shot him.


being sworn for the state says:

I saw the shooting at McDade. I was at Milton's store. Az came up on the gallery to where

Bishop was sitting, put his hand behind him and under his coat as if to draw a pistol, and

said "Tom Bishop, leave this place. G-d d-n you." Tom said "I won't leave here; what right

you have to order me to leave here, you d-n s-n of a b-h. Az then started towards Bishop

and I heard a shot fire. I stepped to the door as quick as I could and saw them both hold

of a pistol. Beatty backed Bishop off the gallery backwards and continued to back about 20

feet from the gallery. In the scuffle Bishop got down on his hip, in the scuffle the pistol

went off; Az fell on his right side. About this time Haywood was standing at one side of

Milton's store door with his pistol pointing in. At this time Jack Beatty came running out

to where Bishop and Az were, and drew his hand up. I did not see anything in it and Bishop

then shot him. When Jack ran out of the store then Milton came out on the gallery. Haywood

ran back towards the stock pen and raised his pistol and fired and Griffin fell. Haywood

then ran towards' Basist's store. Milton fired towards him and he turned as if he was struck.

I then saw Milton shoot up towards the lumber yard. I don't know who he shot at. When Az

started towards Bishop on the gallery he told Bishop that he would make him leave. Az came

on the gallery about 16 feet distance from Bishop who was seated on the other side.


being swore for the state, says:

I saw Haywood shoot Willie Griffin. Griffin was not doing anything when Beatty shot him.


witness for the defendants being sworn on oath says:

On the morning of December 25, 1883, I came up town where I saw Milton go into his store at

the side door with a gun. I took the gun he had to be a Winchester. I then went on up to my

store, passing the rock saloon. While I was at my store I saw Jack Beatty, Az and Bob Stevens

ride up. I met Bob and told him that three men had been taken off the night before. Stevens

seemed to be bery much surprised at the news. We went back to the crowd before the rock

saloon. I think that Oscar Nash remarked that the mob called for Haywood Beatty. Jack Beatty

at this time became very much excited at some one saying that Milton said that Haywood aided

Leff Fitzpatrick who killed Heffington, to escape. Jack Beatty was very angry and denounced

the charges as false, cursed and went on in the direction of Milton's. I, with Stevens, went

on to my store to exchange a pair of boots for Stevens. While there a gun fired. Stevens

was then looking at a pair of boots. He was then in his shirt sleeves, He had no arms about

him that I saw. He might have had a pistol in his pants pockets for all I know. We both

stepped to the door and Stevens said 'somebody is shot.' I then saw Bishop and Az shuffling

over something I taken to be a pistol; Beatty was in a sitting position. Tom Bishop succeeded

in securing the pistol and fired. Stevens ran down to where the fight was, or in that

direction, I lost sight of him during the fight. I followed and walked very slow. Milton

was on his gallery and said 'G-d d-n you, don't you touch him.' Jack Beatty was under the

cover of Milton's gun when he made the remark above. I was then past the rock saloon and

where the shooting was. As soon as Bishop got loos from Az, Bishop shot at Az and Az fell.

Bishop then whirled toward Jack Beatty and he and Milton fired simultaneously and Jack

Beatty fell. I saw Will Griffin run out of the saloon and to where the fight was with a

pistol in his hand. He did not seem to be shooting but had his pistol up in his hand.

Griffin then fell and his pistol fired in the air. Bishop, Milton and Haywood were all

firing when Griffin fell. AFter Griffin fell I met Hasley running and Bishop pursuing him.

I went then to where the parties were lying. I found two of the dead. I saw Jack Beatty's

coat burning. I went on to the body and put the fire out. I thought strange about Jack not

firing. I pulled his coat back and turned him over on his back. He was lying on his side and

I turned him over. I ded not see any arms about him. I ddid not examine AZ. His brains were

lying out on the ground. Jack Beatty was shot in the side and in the head. I was not a bit

excited. I think there were 12 or 15 shots fired. As I went down I passed the market about

the tiem the shooting ceased. I left the market about 10 feet to the right and saw no firing

from the market. I saw nothing except from Bishop, Haywood and Milton. All the reports I

heard came from about Milton's store. A? kill Milton went over ? Bishop went to the lumber

yeard. Milton and Bishop seemed like they were looking for some one. Stevens jumped from a

? and Milton shot at him. When I first went to the rock saloon in the morning, Milton was

there. The defendants lad not yet come. He was not ? minutes after the defendants came to

town before the shooting commenced.

Crossexamined: When I went down near the shooting I saw a man I looked for be Goodman going

from the shooting towards the ?. I can't say that Jack BEatty was not armed. he may have had

a pistol or knife in his pocket. I think Griffin fell about the time Haywood shot. I did not

see the commencement of the difficulty. I don't know that Goodman did not shoot before I got

there. Goodman might have shot while I was there and me not have seen ?. During all of the

shooting I was perfectly calm and quite; did not excite me in the least. Just as soon as the

gun fired Stevens and I went to the door and Stevens at once said 'somebody is shot' and he

at once ran down to the scene of the shootings. I walked very slowly.

Re examined: As we, Stevens and I, looket out Stevens remarked 'sombody is shot'


witness for defendant says:

About 11 or 12 o'clock on Christmas day Chas. Goodman came to my house and he had in his hand

a pistol. He was wounded to the left side of his back. I found a bullet ball hanging in his

shirt. I kept the bullet. Shortly afterwards I noticed him working with a pistol. I took the

pistol and found two small pieces of lead between the lower end of the clinder and the bud

of the pistol. The pistol was very bloody. I am satisfied in my own mind that Charles

Goodman's pistol was struck by a ball, judging from the appearances of the pistol. One

ball came out on the left side some two or three inches from where it entered. This was

in range with the place where I found the ball in the clothing, which I am satisfied in

my own mind struck the pistol.


being sworn for the state says:

I have had a conversation with Stevens in regard to George Milton. I heard him say that he

would like to catch Milton with about one thousand dollars. That he would kill him and take

it if there was noe one to see it and he thought he never would be found out on him. There

was no one present when he told me this.


being sworn as a witness for the state says that he saw Bob Stevens on Milton's gallery about one minute after the first shot was fired.


being sworn for the state says:

I was at Milton's store when he shooting took place, at McDade, I was standing on Milton's

gallery, talking to Bishop, Az Beatty came down and stepped on the gallery and told Bishop

to "leave there, G-d D-n him' he would make him do it, very quick.' Bishop said 'you s-s of

a b-h what right have you to tell me to leave? I saw Az put his hand under his coat, as if

he was taking hold of something. I then thought there was going to be shooting, and I walked

back into the store. I passed between Az and Bishop and Bishop fired. When I got 10 or 15

feet into the store, Milton was coming forward and asked what was up, I said they are

shooting and I crossed in behind the opposite counter. Jack BEatty came in to the store

before Az came down and called Milton back to the desk. I then heard Jack say, Geore, g-d

d-n you , don't go out there'. Tis was after the first shot was fired. Milton was moving

slowly towards the door with a pistol in his hand. This man who I afterwards found out was

Haywood, said to Milton, "stop (or stand back) or I will kill you. I then expected shooting

in the store and I went further back into the store. While going back Jack got out of the

store. When I turned around there was a shot fired right close to the door. Then the man

who was in the door turned his head. Then Milton came out from behind the counter; he then

had a shot gun. The man at the door backed behind the door facing but kept his hand and

pistol out. I then went out clear behing the store, thinking there was going to be shooting,

and did not see any more. The man at the door had his pistol pointed at mIlton at the time

he told him not to go out there and to stand back or he would kill him.

Cross examined: when beatty first spoke. though his language was very rough, I thought it

was in a jest until Bishop's reply. As Jack passed into the storek, he shook hands with me

and did not seem to be excited. He seemed to be in his usual humor so far as I know Witness

heard nothing that passed between Jack and Milton while at the desk before the first shot.

As soon as Bishop replied to Eatty I then saw both were mad. When Bishop fired he threw his

arm out so as to fire and not hit me.


being sworn for the state says:

At the day of shooting in McDade, I was in Milton's store. The first I saw was when Az came

on Milton's gallery to where Bishop was. Bishop was setting down looking at the medical

journal and talking to Dr. Vermillion. Az approached Bishop and said "Tom Bishop, you leave

heare or I'll make you do it d-n quick. Bishop got up and said something I could not

understand what. I then heard a pistol shot. Before this about 10 or 15 minutes, Haywood

came in Goodman came in and asked for Winchester cartridges. Jack came in the store not

before Az came down and Jack walked in the store and was talking to Milton at Milton's safe.

This was about 10 feet from the front door. I heard nothing that passed between Jack and

Milton. When the first shot fired Milton not Jack started to the front. Milton being behind

the counter and Jack in frount. Milton asked me as he came by what was the mattrer and I said

I don't know. Jack then said, "George, G-d d-n your, don't go out there. Milton walked on

towards the door saying "don't do it, it won't ? won't do". As Milton approached the door,

Haywood was standing in the door and drew a pistol and said "Mr Milton stand back, if you

come, I will kill you'. Then Jack ran out this door by Haywood and went to where Az and

Bishop were standing. I then saw Goodman and Bert Hasley standing near the door with pistol

in hand. Milton then walked backwards to his desk and picked up his shotgun. He then went

to the door and cocked his gun on those three boys. Haywood then ? told Milton "you to leave


or he would kill him" Milton went on towards the door and Heywood left the door and went

toward Tom Bishop and Az. Milton ehtn went out ot the door and the shooting then began

general. I saw Az push Bishop backwards off the gallery, out to the street, He pushed

Bishop about 12 feet from the gallery and then mashed Bishop down to the ground. Stevens

is a brother-in-law to the Beatty's. Felix McLemore married a sister of Jack Beatty.

Crossexamined: Witness is clerk for Milton and the Beatty's were frequently in the house

and trades a good deal with Milton. It is conceded that there was some of Haywood's money

deposited at Milton's store. When Haywood was buying the cartridges, I did not notice that

he was excited. Up to this time Jack, Az and Haywood were as far as I know, friendly with

Milton. About three or four weeks before this a deputy sheriff of 1 county was killed in

McDade. I don't know whether Heffington had any relaties in McDade.

Reexamined: The Beattys did trading at other houses in McDade. They traved with Billingsley

and Bassist.

End of article. Just for reference, the cuss words in the article are as were written. I

didn't shorten them. I've been told there is another article where the J. S. Brown mentioned

above as a witness was taken out and hung. I'll see if I can get that article.

The charges were dropped against Jack Beatty.


Bastrop Advertisor 1/26/1884

The Late Tragedies at McDade From the News

MCDADE. January 14, 1881-Now while the horrible tragedy that was enacted at this place on

Christmas eve and day is going the rounds of the press, just as correspondents see fit to

clothe, and as reporters get it, I, a widow of one of the victims, claim a hearing. Three

weeks have passed since the McLemore and Batey families received their double blow. Life

with its duties and cares are before us, while behind us lies the shadow of our murdered

dead and heart wounds that time can never heal.

The Bastrop Advertisor, containing an account of the tripple lynching in Texas, as taken

from the St. Louis Globe-Democrat, s before me; also the reported interview with F. H.

McLemore. It seems that it was proved at the inquest that Thad McLemore was under arrest,

charged with burglary; that Wright McLemore and Henry Pfeiffer were under a nominal bond

for cattle-stealing when taken from the saloon. That Jack, Azberry and Haywood Batey,

Charley Goodman, Burt Hasley and Robert Stevens came in town next day defient, trying to

learn the fate of their friends; that all were old residents, and all were under bad repute

except Jack Batey. Thad McLemore was under arrest through charges by S. E. Walker, as was

ascertained afterward. I hope that Thad died in ignorance of the latter fact, for he thought

Walker a friend. As to Wright McLemore, my husband, being under a nominal bond for cattle-

stealing, there is no truth in it. His accusers have not, nor can not, come forth! That all

were old residents, and under bad repute, is another untruth. Wright McLemore had only been

in the county six months, was almost an entire stranger. We had been living in McDade only

about two and a half months. My husband was old and badly crippled with rheumatism, an object

of pity to anyone who had a spark of that element. He felt that his life was nearly over,

and came here to spend his remaining days near his brothers. The southern and north-western

couties know W. K. McLemore; Bastrop did not. Thad McLemore and his brother Felix were

volunteers from here in the Confederate army; served their time, came back, married and

settled down in this county, where they have lived ever since in good repute; and yet one

of those brothers, while in custody, was taken by a mob from a town he had helped to build,

at an early hour, and on an evening when such a thing would be more difficult to perform

than at any other time, carried out and hanged, and McDade knew nothing of it until the next

day. And that next day! Oh, it is a deed worthy of being handed down to posterity with the


As to the Batey crowd going in armed and defianmt, that is also false. It is true they went

in together. It is a custom of old Mrs. Batey to get all of her family together on Christmas

day. They boys said they would ride into town to see what was going on; and come back for

an early dinner. They were not drinking; none were armed except Haywood Batey and Charley

Goodman; the latter never used his pistol, it being on his person all the time, and turned

the ball that wounded him. Haywood Batey had only four charges in his, so that might account

for the miraculous escape of Milton and Bishop, as there were from sixty to one hundred

shots! I saw them as they rode into town, and a few minutes later Azberry Batey rode up to

my door to see if the news he had heard was true. I think the very last rational words he

ever spoke were to me. I saw him fifteen minutes later lying in the streets dead. I see from

the Bastrop Advertisor that it is generally supposed that the lynching was the outgrowth

of a vigilant commitee organized in McDade after the shooting of Heffington, of Lee County,

and that the McLemore brothers were suspected as being implicated. My husband did not know

Heffington. Thad McLemore left town before the train came down that Fitzpatrick, the accused,

was on. We knew nothing of a man being shot until the following MOnday. The shooting was

done on Saturday night. In a special from McDade to The Galveston News, dated December 25,

it was stated that Wright McLemore happened to be present when the others were taken out.

Since them The News has come out with an editorial which should elect him for our next

governor, if such a man could be spared from the press. Texas, the empire State of the

Union, has a constitution that demands the right to say who shall and who shall not be

put to death.

The Globe-Democrat reporter, in copying from notes made during his interview with Felix

McLemore, was sadly out of time; but then he had been at the scene of carnage, and I

suppose had caught the infection so it will have to be excused. Felix is well known in

this county and wants it distinctly understood that he emphatically denies having once

said, "I can prove this and so." He told the reported from the beginning that he knew

nothing about it only what his family and friends had told him; he was not home at the

time, and only stayed a short time when he did go. He made no allusions as to his dead

brother's families being dependent on him for a support. Everyone in that mob knew Thad

McLemore was the father of six children, all under twelve years of age, and left without

a maintenance. The part referred to where Thad had a conversation with Goodman and

Fitzpatrick is all wrong. Felix has the letter now which my husband wrote him after the

death of Heffington, containing the substance of what he related to the reporter. He is

not staying from home through any fears of killing or being killed. He is a living flesh

and blood man, with perfect organization. and, it is presumble, he has the power of feeling.

I can establish all and more than is contained in this article and earnestly request that

you give it publication.

Mrs W. K. McLemore



Miss Susie Johnson, we learn, is rapidly convalescing, and much praise is due Drs. Cunningham

and J. D. Oliver for their skillful and successful treatment of the dangerous wound. The ball

has been extracted and the physicians discontinued their visits last Monday.

S. W. Givens of Cedar Creek, was in town Tuesday, called at the Avertiser office and arranged

for another year's subscription to the Advertiser. He reports a horse shot on the creek by

some unknown parties and that while every effort will and should be made to find out and

bring to punishment the perpetrators of this mischief, he requests the Advertiser to state

that while the good people of the neighborhood will be sure they are right before acting,

others should be very careful in getting solid proof before accusing innocent parties of the


MARRIED: At McDade, January 2, 1884. Mr J. W. Westbrook and Mrs. Maggie Cook, Rev. W. A.

Buchanan, officiating. The best wishes of the Advertiser attend the couple through life.

Now is your time for a box heating stove, only a few left, and they must be sold to make

room for other goods, EARHARD & CLOPTON.

Esquire J. R. Joyner, of beat No. 8, has changed his residence from near Caldwell's Mill, to

Cedar Creek, near Givens' store. Persons living in that beat should make a note of the above



As I will remain here only two weeks longer, I would advise all who want good photographs to

call at once. Photographs taken in all kinds of weather, so do not wait until the last minute. Respectfully, J. Rice, Photo Artist


James F Walton was born near Aberdeen, MS, February 6th, 1844, and died at Austin, Texas,

January 6, 1884. He came with his mother's family from Mississippi to Bastrop, and was a

short time a resident of this place, where he made many friends by his kind disposition and

genial manners. He was married 11/15/1872 and has since this time made his hoem in Bell county.

We tender our sympathy to the family of the seceased, Devoted wife, fond mother, sister,

brothers be conforted. Jesus say to his weeping disciples "Let not your hearts be troubled"

and "In my Father's house are many mansions." A place of one of those mansions has been

prepared for your loved one, and free from pain, sorrow and sickness, he awaits your coming.

Another link has been severed on earth, Another tie binds you to heaven.

Bottom part of article:

We had a small fire on the night of the 6th last, destroying every thing in the house and

furnishing line of Mr. Wm Jones. Mr. Jones was absent from home at the time of the accident,

and his wife, Mrs. Lul? S. Jones, Miss Lillia Jones and Mr. Tolbert, visiting from McDade,

bearly escaped with their lives.

The citizens of Elgin have contributed liberally of their means to the unfortunate ones and

they are again placed in comfortable condition.

Elgin is building up very rapidly and bids fair, ere long, to be a prosperous little city.

Our school failed to open Monday owing to the severe cold weather but the prospect is good

for a fine school. Prof.A. H. Carter taught the last session of our public school, giving

satisfaction to all its patrons. He will soon begin another five months session.

Right here it will do well to say that persons having children to educate would do well to

visit the point, where they will find a healthy location, cheap board and efficient


With proper enterprise on the part of the people of Elgin we can have a school, second to

no high school in the state.

Elgin though formerly infested with outlaws, has been purged and the place filled with

enterprising citizens.

Our village is well supplied with physicians, there being six residents of this place.

Dr. J. D. Oliver, recently of Red Rock, this county, building a fine residence, which

means that he has come to stay among us.

Elgin, in fact, is keeping apace with the most prosperous small town of the state, which

may be seen at a glance by those visiting us and hearing the busy clamor of the saw and


Nor is this progress confined alone, to the town, for we see many beautiful residences

going up in many points of the surrounding country. More Anon.



W. L. Pearson was killed near the residence of Mack Darnell, near Pettytown, last

Saturday night. We learn that a dancing Party was going on at Darnell's and that

Pearson was killed within two hundred yards of the house, and nothing was known

of it till next morning, when the dead body was found.



Dr. Jas. C. Stovall, a prominent physician of Travis county, while returning home Monday

night, from a professional visit, was shot from his horse. He was hit by two bullets, one

producing a slight flesh wound in the right arm and the other passing through the upper

part of the hip, penetrated the abdomen and possibly the bladder. Tom and Bob Pearson,

two brothers, have been arrested, charged with the shooting.



Dr. Jas. C. Stovall reported shot by two assassins, near Austin, an account of which we

publish elsewhere died about 7 o'clock Wednesday morning. He died at the house of Mr.

Gagnan, the man who found him. At the inquest, says the Statesman, three witnesses were

examined, the principal one being Gagman. He swore, in substance, that he heard several

shots in quick succession. His house was some 200 yards distant from the road. The firing

ceased, and not long after he heard cries as of some one i distress. Going in that

direction till within about fifty yards of the road, he came upon Dr. Stovall, who told him

what had occurred. He stated that he was riding homeward and met two men going the opposite

way. When close up to him they separated a little, leaving him between them. He recognized

the men as Tom and Bob Pearson. The first named without speaking, fired and after falling

from his horse several more shots were discharged at him. He said he did not know why they

shot him. He fell on the right of the road as one goes to Lockhart, and lay still for a few

minutes till satisfied his slayers had left; then he crawled over a ditch and through a hole

in the fence to the spot where Gognan found him.

The above embraces the main points in the testimony of this witness.

Tom Pearson was indicted in this county a number of years ago, on a charge of killing a

negro, and was tried and acquitted at the fall term, 1883, of our district court.



Dr. Stovall Seriously Wounded Near Austin

Austin, March 17, Dr. J. C. Stovall was dangerously shot last night. In a declaration made

to Justice Von Rosenburg he states that at about 9 o'clock last night, as he was returning to

his home at St. Elmo, a small place about five miles from the city, he met two men, who,

without saying a word, opened fire on him. Five shots were fired, two of which took effect.

One the most serious, entered his side and will probably cause death. He fell from his

horse, and the men rode off.

After lying there a few minutes he succeeded in crawling to a house a short distance from the

scene of the shooting, where he received medical attention and was then conveyed to his

home. He further states that by the flash of the pistols he was enabled to see his assailants

and identified Tom and Bob Pearson as the guilty parties. Both of these men live at St. Elmo.

The shooting is supposed to have been caused by a previous difficulty. Both men have been

arrested and are now in jail.




Found Guilty of Murder in the Second Degree, and Sent Up for Thirty Years.

Austin Statesman as posted in the Bastrop Advertiser

The jury retired to make up their verdict in the Robert Pearson case, about 10 o'clock pm.,

Thursday. From the length of their stay, it was the general impression that they would be

unable to come to any agreement. Contrary to this opinion, a verdict was rendered about 10

o'clock yesterday morning. It found Bob Pearson guilty of murder in the second degree, and

fixed his punishment at thirty years in the penitentiary.

An analysis of the verdict, combined with certain facts as to the way the jury stood; made

known after wards, will justify the assertion that the verdict was the result of a compromise.

It is said on the authority of one of the jurors, that the first ballot taken showed eight of

the twelve were in favor of inflicting the death penalty; the remaining four voted for

a straight out acquittal. While the majority could not by any means be brought over to this

conclusion, they were unable to get their colleagues to agree to an infliction of

the severest punishment that can be imposed by any human tribunal. Hence the thirty years


Viewed abstractly, the verdict would seem to be singularly illogical. Here is a man accused

of perpetrating a murder of the foulest kind - a cold-blooded, heartless assassination. If

guilty of this crime, the death of the perpetrator could be the only expiation. Public

sentiment and the law of the land alike demand this justice to the family of the murdered man,

and to the community at large demand it. If he did not commit it, then he should have gone

Scot free. Really there was no middle stand.

But it seems that a doubt of the perpetration of this murder by Robert Pearson found a

lodging in the minds of one-third the number of men who sat as the arbiters of his destiny.

Did not several witnesses swear that he was at home at the time Dr. Stovall met his death?

True, these witnesses were members his own family. Still it might be asked, how else could

a man's presence at home, especially in the country be established save by his wife and

children. But what will not these latter do to save the life of a husband and father where

it is in such imminent peril? Human experience will readily suggest an answer.

Besides all this, however, it will be remembered that Dr. Stovall, when making his dying

statement, charged the killing on on the defendant, but on his brother Tom. This

doubtless had its weight.

There was not much talk about the action of the jury. Some expressed surprise that

Pearson was not cleared, a few denounced the verdict on account of its being too mild.

A motion for a new trial will be made right away by the attorneys for the defense, and

if that is refused, the case will be carried to the Court of Appeals. If the sentence

is ever executed, it amounts practically to a life sentence, as Pearson is now at least

fourty years old, unless some future Governor should see fit to grant a pardon.

(Family stories say that Dr. Stovall let one of the Pearson's relatives die in childbirth

and that is why they killed him)


6/1/1886 Bastrop Advertiser

MCDADE, Tex. June 1, 1886

List of letters remaining in the post office at McDade, Texas, unclaimed for the month ending

May 31st, 1886.

Bundrant, Miss Lilly; Moudine, Mrs. Nellie.

In calling for the above letters, please say advertised. W. C. Strwart, P. M.

Eagle Branch Letter List.

EAGLE BRANCH, TEX, June 1, 1886 - List of letters remaining in the postoffice at

Eagle Branch, Texas, unclaimed for the month ending May 31st, 1886.

Bell, Mrs. E (2)

Bellamy, A. J.

Bowen, Mrs. M. C.

Cain, J. M.

Desha, Benjamin

Elder, J. W.

Ebner, Jno. S

Ervens, John

Halschmid, L. L. D.

Holloway, J. L.

Hopkins, W. H.

Johnson, Mrs. S. A.

Phillips, Mrs. Walter

Phillips, Mrs. Ida

Purviance, D. P.

Robson, Sarah Miss

Ramzy, Harrison (Ramsy?)

Ramzy, Easter (2)

Robinson, Miss Emma

Watts, John R.

Wellborne, C. H.

Yaws, Mrs. E. E.

Hayslip, J. W.

In calling for the above named letters, please say advertised. J. F. Ward, P. M.


Physician & Surgeon, Bastrop, Texas.

Office - At Erhard's Drug Store. Residence opposite the Residence of the Elzner-Bros.



...I could give you some ideas about bustles, but the proper digestion of them would fill volumes.

Charlie L Summers returned from the Add Ran College during the holidays, with a rather bad opinion of those institutions. Charlie prefers the bright sunshine, the warbling birds, the growing grass, and the sweet scented flowers, to the monotonous avocations up there.

Joe Wolf left to attend the Catholic school at Autin a few days ago. Joe met with a serious accident last summer. While riding near home after dark, his horse stumbled and fell on him, dislocating his hip, which, not being properly placed at the time, promises to give him some trouble and perhaps cause him to be lame for life.

Miss Emma Templeton expects to leave in a few days to attend the Science Hall Academy at Dupree, Texas. Miss Emma's wide circle of friends will miss her greatly during her absence.

Mrs. C. H. Buck is very ill of pheumonia.


A list of those who fell with Travis in the Alamo, at San Antonio de Bexar, March 6, 1836:

W. Barrett Travis, Lieutenant Colonel commanding; James Bowie, Lieutenant Colonel; J. Washington, Colonel, Tennessee; Captain Forsyth, New York; Captain Harrison, Tennessee; Capt. Wm. Blazely, Louisiana; Capt. Wm. C. M. Baker, Mississippi; Capt. S. B. Evans; Capt. W. R. Carey, Texas; Capt. S. C. Blair, Texas; Captain Gilmore, Tennessee; Capt. Robert White; Lieut. John Jones, Louisiana; Lieut. Almaron Dickinson George C. Kimball; Adjt. I. G. Baugh; Mast. Ord. Robert Evans, Ireland; Sergt. Major Williamson' aid to Travis, Charles Despalier; Lieut. Quartermaster, Elial Melton; Assistant Quartermaster Anderson; Assustant Quartermaster Burnell, Surgeon D. Michison, Surgeon Amos Pollard, Surgeon Thompson, Ensign Green B. Jemison, Col. Jas. B. Bonnam.

David Crockett, Tennessee; E. Nelson, South Caroling; -- Nelson, Texas; W. H. Smith, Texas; Lewis Johnson, Texas; E. T. Mitchell, Geo., F. Desangue, Pennsylvania; -- Thurston, Kentucky; -- Moore; Christopher Parker, Mississippi; C. Huskell; -- Rose, Texas; John Blair, Texas; -- Kiddeson; Wm. Wells, Tennessee; Wm. Cummings, Pennsylvania; -- Valentine; -- Cochran; R. W. Ballantine; S. Halloway; Isaac White,; -- Day; Robert Musselman, New Orleans; Robert Grossman; Richard Starr, England; I. G. Garrett, New Orleans; Robert B. Moore, New Orleans; Richard Dimkin, England; Wm. Linn, Massachusetts; - Hutchinson; Wm. Johnson, Pennsylvania; E. Nelson; George Tumlingon; Wm. Deardorf; Daniel Bourne, England; -- Ingram, England; W. T. Lewis, Wales; Charles Zanco, Denmark; James L. Ewing; Robert Cunningham; S. Burnes, Irelane; George Neggin, South Carolina; -- Robinson, Scotland; -- Harris, Kentuchy; John Flanders; Isaac Byron, Opelousas; David Wilson, Texas; John M. Hays, Tennessee; W. K. Simpson; W. D. Sutherland, Texas; D. W. Howell, New Orleans; - Butler; Charles Smith; -- Stuart; -- McGregor, Scotland; -- Ruck; -- Hawkins, Ireland; Samuel Holloway, -- Brown; T. Brown; T. Jackson, Ireland; James George, Gonzales, Dolphin Ward, Gonzales; Thomas Jackson, Gonzales; George W. Cottle, Gonzales; Andrew Kent, Gonzales; Thos. B. Miller, Gonzales; Isaac Baker, Gonzales; Wm. King, Gonzales; Jesse McCoy, Gonzales; Claiborne Wright, Gonzales; Wm. Fishback, Gonzales; Isaac Millsaps, Gonzales; Galba Fuqua, Gonzales; John Davis, Gonzales; Albert Martin, Gonzales; -- John, Clerk to Desangue; B. A. M. Thomas; Wm. Duhbaigh; John G. King; Jacob Durst; M. L. Sewell; Robert White; A. Devault; John Harris; Andrew Kent; Wm. E. Summers.