Hood County Texas Historical Document Transcription Team
HOOD COUNTY HISTORY
Published in 1895 - Written by Thomas Taylor Ewell
Transcription by Virginia Lisa Wells
CHAPTER XLIX.
Barnard's Mill-McCamant Spring-"Pulltight"-Lipan-Some Novel Trials in Justice's Courts, etc.
Returning to the notice of some of the villages of the county, from which we have diverted, we observe that Barnard's Mill had up to this period [1872-3] become the most noted and thrifty outside of Acton, Granbury and Thorp Spring. This was the site of the justice court of that very extensive precinct, at that time embracing a large part of the Paluxy valley and the territory to the south as far as Bosque county. In the courts held here many scenes peculiar to the administration of justice on the frontier were common. N.A. deConnick, a little blustery, business-like man, who wrote smoothly and possessed a fair knowledge of forms and just sufficiently tinctured with legal lore to spoil him, held the office of J.P. about this period for several years, and was ex-officio county commissioner. Illustrative of the character of trials in this court, one novel case will serve the purpose: Wm. Martin sued a man for two colts of the value of $10 each. The case was tried some two or three times, each time resulting against Martin; but deConnick assured him that if he would pay up the costs a new trial would be awarded him in each instance. Finally Martin got tired of paying costs in this way, which, owing to the great number of witnesses, amounted to a considerable sum, and concluded he would consult a lawyer, the parties having managed their own case prior to this. So when the case came to trial for the third time, both sides had attorneys, and after the evidence had all been put before the jury and while plaintiff's attorney was making his remarks to them, a war broke out in the adjoining room, which was occupied as a saloon, and where litigants and witnesses attending the court, had imbibed. This disturbance soon got too serious to be carried on in the small room and the participants rushed outside and began to draw pistols, and array their allies; this being in full view of the jury, that body felt called upon to take a hand, so they deserted the court and the lawyer addressing them to participate in or allay the fight. It was soon stopped without much bloodshed, and the trial proceeded, resulting as usual, against Martin, who had the same favorable overtures as before, for a new trial, offered him, but under the advice of his attorney, he this time declined and took his case to the district court on appeal, where, after several years' hot litigation, which piled up the costs to more than $500, he finally obtained a judgment for the value of his $20 colts. Meantime the colts had grown up and died or otherwise disappeared, and Martin found himself with an empty judgment against an insolvent defendant, he having in the meantime paid the costs. This case, and that more noted one, known as "the trial of old Bet," W.C. Walters' pet sow, which originated at Granbury over eight pigs of the value of $20, and which, in its passage through the courts of Hood and Somervell counties, accumulated costs to the amount of $500 or $600, ought to serve as a warning against lawing over trivial matters. The "Old Bet" case was commenced in the Justice court at Granbury about 1877, and the aged old sow attended court as a witness several terms, in order that the jury and expert witnesses might see and examine her controverted ear marks.
Barnard's Mill, from the time of the building of that prominent structure, had continued to enjoy considerable trade as a mercantile center. About 1873, a new town of short life, however, sprang up about a mile below Barnard's mill, at the sulphur spring on the opposite side of Paluxy. This was fostered by the McCamant brothers, and was called McCamant Springs. One store was opened here for trade. It lasted but a few years.
Early in 1871, T.B. Chalmers came from Cleburne and attempted to make a town of Squaw creek, upon the Hernandez survey, which he owned and was selling out. He secured a saw mill firm to go to work here. This was operated by Messrs. King & Sloan and sawed up such of the heavy timber as was convenient to their mill into lumber, for which they found a ready market; but as their mill was portable, they soon found occasion to transfer it to some other place, and Chalmers' town, which he had duly laid out into lots, never materialized further.
Poloxeyville, known in the past by the various titles of Goather's, Himmins & Haley's Mill, "Pulltight (a name probably given by Ben Earp), and its present most stable and authoritative name, Paluxy, has as before shown, been a place of traffic and resort and a postoffice for a long while. Its first merchants were probably Alex Young, now of Strawn, and W.S. Ethridge, still doing business here. This place, too, has been the site of justice court, where many novel trials have occurred, especially under the jurisdictional guidance of Esq. Jesse Walton, an aged J.P., who flourished here some fifteen years ago.
In the northwest corner of the county, after the Kickapoo valley had begun to be transformed into farms, a postoffice and store were no sooner needed than supplied, and the gentlemanly and reliable Irishman, bearing the name of Thos. A. Burns presided, aided by the advice and suggestions of John H. Traylor, who as a land agent and owner, began to be much interested in this section of the county. Mr. Burns, about 1873, laid out a town and called it Lipan, which place, though its founder has long since removed to the west, still flourishes as one of our most prosperous villages. This place, situated upoe [sic] the road from Weatherford to Stephenville at the crossing of the Granbury and Palo Pinto road, and in the midst of a fine farming country, some 20 miles distant from any competitive places, has gradually grown in trade and importance till it now possesses some five or six mercantile establishments, two blacksmith shops, two gins, an academy of good repute, and is a town of inviting appearance and hopeful future. It has not been without its trials in the past (justice court trials, such as have transpired in the other places). N.J. Gardner, one of its prominent merchants, long held the office of J.P., and the good repute and prosperity of the place is largely due to the good sense and ability shown by him in the administration of justice in his court.
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