Hood County Texas Historical Document Transcription Team
HOOD COUNTY HISTORY
Published in 1895 - Written by Thomas Taylor Ewell
Transcription by Jo Ann Hopper
CHAPTER LI.
Police Court and School Directors—Minor Matters—Blood Shedding Affrays—Night Salutes—Town Authorities—Marshal Page—Mayor Thrash—Mitchell-Truit Killing, Sequel.
In 1872-3, besides the presiding justice already mentioned, the members of the police court were N.A. deConnick, W.H. Barker, B.T. Tipton, probably ____ Dunnigan and J.D. McKenzie. Tipton was succeeded by H.T. Berry and Barker by J. H. Chambers in 1874. The board of school directors were B.T. Tipton, W.H. Barker, R.G. Peters and D.A. Kerr, succeeded by Walter Glenn, Jno. R. Jones, C. Russell and J.H. Chambers, presided over by A.P. Gordon, who by virtue of his office, was school examiner and superintendent for the county.
The tax levy was an ad valorum of 25¢ on the $100, one-half of the state poll and occupation tax, and road and bridge tax of
7 of one per cent. In 1873 the mails arrived and departed three times a week from Weatherford and twice from Cleburne. During this year Concord coaches were put in use for the mail service, and were usually filled with passengers. The town of Granbury was incorporated by an act of the legislature. The farmers were now turning their attention to cotton, and an estimate of 500 bales for 1872 was deemed a gratifying advance in agriculture. Grasshoppers, however, sometimes came in destructive swarms from the north with the first norther of the season and greatly damaged all growing crops. In 1872 they came and remained late enough to deposit their eggs, which produced an abundant crop in the following spring. These remained late enough to eat up the early plantings of the farmers. During 1873 the criminal docket of the district court, upon which were depending many indictments for theft, was stolen from the clerk's office at night by a thief who entered through a window. It was found in Lambert branch the next day by Dr. D.K. Turner. The thief evidently intended to steal some other record, as the loss of this docket could have affected no rights.About this period at various times there occurred in Granbury several affrays and assaults of a serious nature. An Irishman, who had been a workman on the courthouse, was shot down, and being an indigent, became a charge upon the county. One of the Martins was dangerously cut in a quarrel with James Counts. Bateman was shot down and crippled seriously for life by Dr. D.K. Turner. These and many other less serious rows kept the public mind at this period in a continual state of more or less excitement. A sharply contested law suit over property rights was often deemed a sufficient provocation to go to war personally, and the participants could usually rely upon acquittals with a deal of seeming confidence, in case of indictment, which often did not follow such acts. Sometimes a fusilade [sic] of pistol shots would arouse the peaceable citizens from their slumbers during the late hours of the night, but this soon came to be understood as of no more consequence than the farewell salute of the cowboys as they had tired of the game of ten pins, taken their last drink, mounted their ponies and were departing for camps. The Vidette, however, upon the occasion of a ball from one of these guns having entered the window of the drug store, took occasion to mention the fact, stating that the practice had continued unceasingly all the week. This editorial mention was couched in courteous enough language not to be offensive to the gentlemanly participants in this innocent amusement.
After the incorporation of the town, a mayor and council endeavored by the passage of ordinances to legislate these practices without the town limits, and a very bold and energetic man by the name of Page was made marshal to execute the ordinances. His efforts to do so were not well received by those against whom they were directed, and soon a spirit of open hostility developed to his authority. On several occasions his attempted arrests were thwarted by the agility of the pony that carried its rider beyond the limits of his bailiwick, neither heeding his demands to halt nor the cracking of his pistol as missiles went scizzing after the retreating miscreant. The belligerent spirit now developed to the extent of forces being arrayed in arms against each other on one occasion on the public square, threatening serious consequences, which were averted by conservative counsels. The cowboys, some of whom were men of good sense, now modifying their conduct, were allowed to come and go to the town unmolested; and it was not a great while after this that the town corporation was allowed to lapse for want of an election to fill its offices.
During this period of its corporate life Captain P.H. Thrash was the mayor. As such he tried the cases which came up in the city court. It is related that once the marshal arrested a man for some offense, and carrying him before his honor, that gentleman proceeded to open his court for the trial of the case, but the defendant interrupted his proceeding by demanding simply to be told what the fine was, when his honor without further formality said $5 and costs, which was promptly paid, and the offender went his way rejoicing.
The lawless spirit of these times finally culminated in the killing of Sam and Ike Truit and serious wounding of James Truit in March, 1874, by Wm. Mitchell and Mit Graves, about seven miles south of Granbury, while on their way home from attendance upon the district court as witnesses in favor of their father in a case wherein N. Mitchell was plaintiff against him. This was a vexatious litigation and much cross swearing seems to have been the occasion of the feud and its bloody sequel. To enter into its details now would not be profitable. The principal actors, Wm. Mitchell and Mit Graves, immediately made their escape and have never been arrested. Upon the information of James Truit, N. Mitchell, his son-in-law Wm. Owens, and Jas. Shaw, an old man, were arrested and jailed, charged, tried and convicted as parties to the killing. The last two named suffered life term sentences, Shaw dying in prison and Owens having been pardoned after many years imprisonment for good conduct, while the first named suffered capital punishment, this being the only instance in the history of the county to this day when such punishment, this being the only instance in the history of the county to this day when such punishment has been inflicted under legal proceedings. These cases were full of excitement from beginning to end, and not only occasioned enormous public expense, but the loss of other lives; for while the aged convict, N. Mitchell, was awaiting in jail the day of his execution, a youthful son, hoping to aid his father in some way, was seen stealthily creeping to the well guarded jail in the darkness of night and was fired upon and instantly killed, after having failed to answer the question as to who he was. Nor was this the end. Years afterwards James Truit, the sole surviving witness of the original tragedy for the state, was shot down and killed in his own home in east Texas, in the presence of his family, by an unknown stranger, who mysteriously came into his town, enquired as to his residence, and after the killing as mysteriously disappeared.
A very great gathering of people came to witness the hanging of old man Mitchell, which was done by Capt. Wright, sheriff, and was doubtless the most trying occasion to that gentleman, who had long known Mitchell as a fairly respected citizen prior to his trouble. Mitchell met his fate in bold protestation, not so much that he was not a party to the killing, but that he was honest in always paying his debts. And it is but just to him to say that he bore the reputation for honesty among all who knew him best.
2000 HOOD COUNTY TEXAS HISTORICAL DOCUMENT TRANSCRIPTION TEAM