GCHC NEWSLETTER JUNE 2017

Grimes County Historical Commission

Issue 6 Volume 3 June 2017 Meetings of the Grimes County Historical Commission are held on the Second Monday of the Month at 6:30 pm in the Courthouse Annex in Anderson, Texas Contact Information Joe King Fultz joe@tpfinc.com Visit us on Facebook https://www.facebook.com/Grim esCountyHistoricalCommission

Photo of the Month

Grimes County Historical Commission Executive Board Chairman Joe King Fultz Vice Chairman Susan Boudreaux Secretary Vanessa Burzynski Treasurer Bob Goldstein

COMMITTEES Historical Markers Denise Upchurch

Grimes County Clerk’s Office Formerly the First National Bank of Anderson Established in 1904 this building was renovated In 1935 and was used until the bank built a new building on Highway 90 in 1979.

Historic Preservation Sarah Nash Newsletter & Publicity Vanessa Burzynski Volunteer Committee Susan Boudreaux

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

The Galveston Daily News (Galveston, Texas) August 2, 1893 Mortuary – F. W. Brosig Navasota, Tex., Aug. 1 – F. W. Brosig died at 11:30 last night from a paralytic shock. He was born October 31, 1842 at Neicce, Germany, and moved to Houston, Texas when he was 7 years old. He was master of the mechanical department of the TransMississippi department of the Confederate army at the age of 28. He lived in Navasota twenty-one years, was president of the First National Bank and a leader of any enterprise of any benefit to this city.

He had one of the most largely attended funerals ever witnessed in Navasota. The funeral took place at St. Paul’s Episcopal church, Rev. Dr. Dunn officiating. He was buried in the city cemetery with Masonic honors. He had not an enemy.

Frederick W. Brosig

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GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

Annie Brosig Bookman Mrs. Annie Brosig Bookman died at her home in Navasota, Texas, Dec. 22, 1903. She was born in Navasota, July 21, 1868. She was the eldest daughter of Mr. and Mrs. F. W. Brosig, one of the oldest and most respected families of this section. On April 29, 1897, she was married to P. B. Bookman, a prominent business man of this city. Her early childhood days were spent in this immediate vicinity. She was reared to womanhood surrounded by the best advantages that the loving parents could bestow.

With a mind bold, decisive, and independent, she easily became a leader among the numerous friends of her girlhood days. Being the oldest member of a large family, she readily assumed much of the responsibility entrusted to her care and acquired a fondness for home and domestic affairs. Of a quick, keen perception and a heart full of sympathy and love, she readily perceived quickly responded to the needs of her friends, and was often seen at the bedside of the sick. In disposition she was a bright, cheerful nature, fond of the society of her friends and always proving herself a good entertainer. Her home life, now sweet to those who were permitted to enjoy its blessings, was one round of thoughtful, loving surprises for those whose privilege it was to be with her. Her desire was to upbuild the home, and she was ever on the alert for some little token of love to add to the cozy little home which was so tastefully and beautifully adorned by her own thoughtful, loving hand.

Her married life was one of devotion and love. Being of a high mental order, having a judgment that seldom was in error, and a loving heart to do, she earnestly co-operated with the efforts of her husband to build them a home of love and happiness. In her desire to do this she was supremely happy, and nothing so gratified her as to receive form him loving recognition of her work. She was truly a helpmate, and at all times was ready to use her best efforts for her husband's interest.

She united with the Presbyterian Church of Navasota March 1, 1901, was a member of the Ladies' Aid Society and lived a consistent Christian life. As before stated, the beauty of her character was most manifest in her home life, where she sought the

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happiness of those around her. Hers was what the world calls an uneventful life, but it was so happy.

Thank God for a life of that kind at a time when so many are reaching out into the world after selfish and wild ideals to the detriment of the home and happiness. And she who so dignifies the position not only honors her Master, but gives to the world exalted lessons it can see illustrated nowhere else.

Those lessons of love, forbearance and Christian duty are deeply impressed on the wounded hearts left behind. She has performed her part well—her time was short—‘tis but a call to a higher heavenly existence. She is gone, and her memory is with us, but the bleeding hearts of her loved ones have this Christian comfort: In my Father's House are many mansions—I go to prepare a place for you—I will come again and receive you to myself, and so Jesus came again and received her to himself, and to the grief-stricken husband, a bereaved mother, three sisters and a brother to wait for the day when God will wipe away all tears form our eyes.

Navasota, Texas

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

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satisfactorily in spite of the then adverse conditions of the country, was attested by his remarkable success and he soon became known as a successful business man and a leader in his community and a man whose motives were of the highest order. In 1904 he moved to Navasota where he entered the hardware business under the firm name of Bookman and Craig. Later he disposed of his interest and confined his business activity more to loans and investments. He was a charter member of the First National Bank of Navasota and was a director in that bank for years. Later he sold his interest and became connected with the Citizens National Bank of Navasota in which organization he was serving a vice-president at the time of his death. He was a large owner of Navasota property and had varied interests there and elsewhere in the state.

Pickens Butler Bookman P. B. Bookman, one of Navasota's foremost citizens, prominently active in its biggest interests, a large property owner and one who had endeared himself to all with whom he came in contact, died at his home on Holland street at 11:30 a. m. Friday morning, April 29, 1927. Weakened by prolonged suffering and ill health occasioned by a fall at his home on February 3rd, he finally gave up the hard fight for his life and peacefully passed on.

Pickens Butler Bookman was the son of the late Jesse and Martha Lucinda Bookman, well known citizens of Grimes County, and was born at Prairie Plaines, Grimes County, Texas on June 18, 1857. His age at the time of his death was 69 years, 10 months and 11 days. A native of Grimes County, Texas, with the exception of three years at college and of occasional short trips for recreation, he spent entire life within the county and his life is an open book to the people living therein.

He was educated at the Cumberland Presbyterian School, Trinity University, then located at Tehuacana and now at Waxahachie. His father Jesse Bookman, was one of the incorporators of that institution. At about the age of 23, his father suddenly passed away and Pickens, as he was called, under the guidance of a wonderful mother assumed the responsibility of the management of the estate.

That he met this responsibility faithfully and

On April 29, 1897, he was married to Miss Annie Brosig, daughter of the late Mr. and Mrs. F. W. Brosig. She died December 22, 1903. On July 27, 1910, he was married to Miss Ellen Pegues Smith of Fort Worth, daughter of the late Captain Tillman Smith. By this marriage he had one child, Miss Ellen Bookman. He is survived by his wife, daughter, and one sister, Mrs. W. S. Craig, all of Navasota.

Early in life he joined the Cumberland Presbyterian Church and was ordained an elder. He assisted the church of his choice in many quiet ways and was very charitably inclined in many directions but always shunned publicity. In business, he was open and honest in all his transactions. Deception was no part of his nature. He never spoke ill of any man and while he was a man of positive convections he was willing to give every problem the benefit of any doubt offered. He had an unusually strong mentality and a keen discernment of the character of men and logically analyzed complicated business problems before him almost intuitively. He was persevering and painstaking in all his efforts and no matter how small the proposition submitted his mind would pass on it just as securitizing as if it were a large one.

He never shirked responsibilities. He always tried to live a God-fearing Christian life and valued his reputation as sincere Christian gentleman far above ant worldly success of the material things in life. To his close friends, he was a most loveable character, well balance, sympathetic and responsible. He will be missed from the business circles of Navasota, but the example he has set for the good of others will live on forever. The world has paid him his last tribute but the example set of sterling integrity and honesty of purpose is still before us.

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

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The Galveston Daily News (Galveston, Texas) February 5, 1904 MORTUARY Sudden Death of Mr. Deadrick Houston, Tex., Feb. 4 - N. V. Deadrick, a prominent citizen and former business man of Navasota died in this city last night. He had been in Houston for several days, being well known here, and yesterday morning went into Wilson’s barber shop on Main Street to get a shave. He went to sleep while in the chair and after the barber had finished shaving him he woke him up and inquired if he was sick. Mr. Deadrick replied that he was, when he was assisted to a rear room in the shop and persuaded to lie down.

In the afternoon, an attempt was made to arouse him, when it was discovered that he was seriously ill.

A physician was called in and after a brief examination pronounced the case hopeless. The sick man was then placed in Westheimer’s ambulance and removed to a private sanitarium, there he shortly afterwards died. The body was taken this morning to Navasota for burial. Deceased was well known here.

Nixon Vandyke Deaderick The Galveston Daily News, Saturday, 30 Oct 1897.

CAPTAIN DEADERICK DEAD

DEADRICK – Navasota, Grimes Co., Tex., - Feb. 4.

The remains of Mr. N. V. Deadrick, who died suddenly in Houston yesterday afternoon, were brought to Navasota this morning. A committee from the different lodges of which Mr. Deadrick was a member met the corpse at the depot. The funeral occurred this afternoon at 5 o’clock under the auspices of the Navasota Odd Fellows. Mr. Deadrick (Van, as his friends addressed him) was a native of this town, where he has been in business for years.

Several years ago he retired from business, spending his time between Navasota and Houston, where he has a host of friends. Mr. Deadrick has been in bad health for several years and while his friends and family were aware of this, the suddenness of death came as a complete surprise and severe shock. Mr. Deadrick was married about twenty years ago to Miss Belle Ward, who survives him.

One of the Pioneer Settlers of Texas Passes Away at His Home in Navasota Navasota, Tex., Oct 29. - Captain Thomas S. Deaderick, a veteran of the Mexican War, who came to this section when Texas was a republic, died early this morning, aged 71 years. The remains were buried in the city cemetery this afternoon. Captain Deaderick had a wide acquaintance among the early settlers and had done considerable writing on early Texas history. Captain Deaderick returned to Texas after the Mexican war and located in the town of Wharton, which was then just laid out, and engaged in the mercantile business. In 1853, he married and settled on a farm and went to planting. After the late war between the states he removed to Grimes county, and had lived in Navasota twenty years.

Deceased was one of the oldest subscribers of The News, having been one of its readers for over thirty years.

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

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The Galveston Daily News (Galveston, Texas) June 22, 1893

been drawn there out of curiosity to see what the swarm of buzzards had found.”

THE PETER MEGGS CASE

“The Ferry in custody bears Meggs out by saying that he worked with Meggs on the Santa Fe construction train near Navasota about the time the dead body was found, and that he left this train without notifying anyone and went to San Antonio, and still later to Red Rock, where he was captured. He knew Peter Meggs while he worked on the Santa Fe construction train, and never saw him after leaving until their meeting in the penitentiary. The fact that Meggs, the moment he met the Mike Ferry with whom he had worked, and who had disappeared, concluded that this was the Mike Ferry for whose murder he had been convicted, being an ignorant man and having heard the indictment charging him with killing Mike Ferry, shows conclusively that Mike Ferry with whom he worked is the only Mike Ferry that he knew anything about. The fact that this gave him a glimpse of freedom of which he promptly availed himself goes to show his innocence. If Meggs is guilty he never would have thought of putting up such a deep and brilliant scheme for freedom.”

A news reporter yesterday asked Mr. Walter L. Wilson how he proposed proceeding in the Meggs case, now that the matter has apparently become more complicated than ever, in view of the un questioned evidence of a dead body. Mr. Wilson thereupon went into the matter as follows: “I notice that Juror Lancaster states that Meggs was convicted mainly on his own statements made to Justice of the Peace Forrester. With regard to a confession, it is a well adjudicated rule of law that must be entirely voluntary and free from compulsion or persuasion, and not obtained by improper influence, nor drawn from the party my means of threat or promise of a character and under circumstances such as might have influenced the person making the confession. To qualify the confession as evidence, it must have been made after the defendant has been warned that he need not and cannot make a statement unless he so desires. It must be without the appliances of hope or done by any other person. As well said by Presiding Jude white in a well-considered opinion; “There must be nothing to affect the spontaneity of the confession.”

When a confession of the main fact is inadmissible, a confession of collateral facts tending to establish the main fact, is likewise inadmissible. It is frequently the case that justices of the peace do not properly warn the defendant, and the accused sometimes confesses through sheer fright and under agitation.

The only exception to the express statutory provision, requiring that the defendant be admonished that what he may say may be used against him, is when in connection with the confession, the party makes a statement of facts that afterward are found to be true, which conduct to establish his guilt.

“I notice in The News that the father of Mike Ferry, who resides in Louisiana, said that it was his son, judging from letters found on the decomposed body.

That was only a circumstance and was no proof of the corpus delicti of Mike Ferry and the body may have been that of “some youth to fortune and to fame unknown.”

“The fact that Meggs was seen in the vicinity of where the decomposed body was found cuts no material figure since anyone might have passed or

“The verdict stands upon the apparently uncorroborated confession of the accused, save the finding of letters which may have been stolen from Mike Ferry. Such corroboration does not fill the measure required by the law.”

“I do not know whether, in this case, the court charged upon circumstantial evidence of not. Where the guilt of the accused is dependent wholly upon circumstantial evidence, it is the duty of the court in its charge to apply the law applicable to such evidence, whether requested to do so or not, and a failure to do so is fundamental error and will required a reversal of the conviction, although the error be not excepted to.”

“It appears that the case was not appealed. Had it been, I hardly think that the evidence would have been held sufficient to support the verdict.”

“How do you propose to proceed in getting Meggs free? The reporter asked Mr. Wilson.

“As to how I shall proceed, I would say that a lawyer’s stock in trade is his legal knowledge; therefore, I hardly see just why I should outline my plan of freeing Meggs.”

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

The Prosecuting Attorney’s Statement Anderson, Tex., June 18- To the News: In your issue of June 19 appears an article relative to the killing of Mike Ferry by Peter Meggs. Your informant has been misinformed as to the facts. In the spring of 1892 a decomposed body was found near Navasota, having the appearance of having been violently dealt with. The officers went to work and arrested Peter Meggs in Waller county, suspecting him of the killing. He, with two others, were indicted. Meggs was convicted and the prosecution against the others dismissed.

Ferry and Meggs had been working together on the railroad, and Ferry having lately paid off, had considerable money. Ferry was known by quite a number to Navasota, and the night he was missing, had been displaying his money (chiefly $20 gold pieces) in a gambling hall. He left the hall in company with two of the parties jointly indicted with Meggs. His identity at the gambling hall was fully established, and the witnesses are still in Navasota.

When last seen he and the defendants were going in the direction of where the body was found. Meggs was proven to have gone in that direction. Ferry was never seen again.

The next day Meggs was spending $20 gold pieces in Navasota. Early the next morning Meggs was seen within a short distance of where the body was found and going toward the place.

At the body a letter was found addressed to Ferry, and this letter was identified by the father of Ferry as a letter he had written him. This letter is in the custody of the clerk here. That Ferry was in Navasota and went off with the defendant can be established by witnesses now in Navasota.

After Meggs was arrested, being fully warned by the officer, he made a statement of the killing, stating that he was there, that Mike Ferry was the party killed, and gave a detailed account of the affair. As to the manner of the killing and the attending circumstances, he was fully corroborated by the circumstances as found by the officers. He was unquestionably present or he could not have made so accurate a statement. He attempted to defend himself by saying that he did not strike the blow, and charged the parties afterward indicted with him with the death of Ferry. It was clearly proved that these parties were not in Navasota having left there on train at 9 o’clock p.m. and gone to Houston. Every

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statement made by Meggs that would criminate him was strongly corroborated and every statement he made is attempting to prove his innocence was proven false. The evidence taken at the examining trial is still here with the clerk. I prosecuted the case and am fully acquainted with the facts.

B. D. Dashiell, District Attorney

The Galveston Daily Texas) June 25, 1893

News,

(Galveston,

LAW AND THE MEGGS CASE San Antonio, Tex., June 22 – To the News: In regard to the strange case of Meggs, it seems to be the opinion of some lawyers in the state that the only way in which he can get rid of the judgment of conviction and out of the penitentiary is through a pardon by the governor. I do not believe the law is as defective as this. I claim that he can be released through the writ of habeas corpus. It is true that this writ cannot be made to take the place of an appeal, but it has always been held, both in civil and criminal cases, that a judgment which is void can be questioned and its invalidity above at any time, and by any person, whomever it is attempted to be enforced. In this case, if Meggs is confined by virtue of a judgment which is absolutely void, no lawyer will content that a writ of habeas corpus will not reach his case. Neither will any lawyer content that the judgment is not void if the court that rendered it had no jurisdiction to render it. I contend that if it be true that Meggs was tried and convicted of murder, when no murder had been committed, then the court was without jurisdiction and its judgment consequently void, and that the defendant can apply for a writ of habeas corpus and show these facts and be discharged from prison.

In this state, when a crime of this nature has been committed the district courts have jurisdiction to try any person charged by indictment with having committed such crime, but before any such jurisdiction can attach to such court there must have been a crime committed.

“In order to the validity of a judgment the court must have jurisdiction of the person, of the subject matter and of the particular question it assumes to decide.”

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

(Black on Judgments, section 215). I maintain that in this case of Meggs the court had no jurisdiction of the subject matter to wit: Who killed the man alleged to be killed, because there was no subject matter, no man having been killed. Likewise, it had no jurisdiction to decide “the particular question it assumed to decide,” because there was not and could not be any question to decide, unless there had been a man killed, as charged in the indictment.

Suppose Meggs had never been indicted at all but had been tried and convicted without any indictment, will any lawyer content that such a judgment would not have been a nullity, and be reversible from the same by habeas corpus?

It is held in civil cases that a judgment which is outside of the matter put in issue by the pleadings is a nullity, on the ground that there being no pleadings called into action the jurisdiction of the court none attaches. (3e4 N.J. law, 418, 141 US 254). If this be the law in civil cases, the reasons why it should be in the law in criminal cases are much stronger, and if an account of there not having been any indictment against a man whom he was convicted is a sufficient reason for holding the judgment of conviction void, it would seem that the fact that no crime had been committed would be a much stronger reason for holding a judgment of conviction void.

I am unwilling to believe that the law is so lame as not to furnish a remedy for a case like this, and the only legal remedy I can see for him is the writ of habeas corpus on the ground that the court that tried him had no jurisdiction to render the judgment by virtue of which he is held. J. A. Bucklew.

The Attorney for the Defense Wharton, Tex., June 22 – To the News Mr. Wilson, in an interview published in The News, June 22, gives it as his opinion that had the Meggs case been appealed it would have been held that the evidence did not support the verdict of the jury. I represented Meggs by appointment of the court, and he was found guilty under the following facts and circumstances as proved on the trial, and under them I deemed it advisable not to appeal the case.

Meggs was indicted for the murder of Albert Anderson, alias Mike Ferry. Anderson (or Ferry) was last seen alive walking out of the town of Navasota, down the railroad track. Six days later a body was found down the railroad, about a mile from

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Navasota, and this body was identified by several witnesses as Anderson’s by a hat and the clothing found on it; also by a letter found on it. Other witnesses testified that they knew Anderson; that he was a foreigner, apparently a Mexican or of Mexican extraction; that he was known also by the name of Mike Ferry, and was commonly called “Mike”. So much for the identity of the murdered man.

It was further proved that Meggs came into Navasota from Hempstead on the evening Anderson (or Ferry) disappeared and late that evening made inquiry of several witnesses as to his whereabouts. Some of these witnesses did not know Anderson or Ferry by name, whereupon Meggs described him to them as a Mexican wearing a hat and clothing of a certain description. This description of the hat and clothing answered the description of the had in evidence and a description of the clothes found upon the body.

Meggs was told by one of the witnesses that he had seen a man answering the description given by Meggs walking down the railroad track a short time before, whereupon Meggs started off down the track as if in quest of him and was seen no more until the next morning when he appeared in Navasota, freely spending money, buying articles without a question as to their price and paying for them in gold coin of the same denomination as the coin seen in the possession of Anderson or Ferry, immediately preceding his disappearance.

Meggs made no confession of the crime; has always protested his innocence, and made a statement in which he said he, with Anderson or Ferry and two others were gambling when the two others did the killing; that he had nothing whatever to do with it.

He minutely described the scene of the killing and everything was found by the officers just as Meggs stated it. The two parties Meggs claimed to have done the killing were not in Navasota after 9 p.m. and could account for their presence, which was in the gambling hall all the evening and up to the time when they took a freight train for Houston.

Consequently, Meggs statement was false, or at least they jury had not considered it.

Anderson or Ferry, when found, had the appearance, as stated by the witnesses, of having met a violent death, or rather such a conclusion was evident from the facts as testified to by them. His skull was crushed, pockets turned out and rifled of their contents.

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Meggs was arrested in Hempstead and lodged in the Anderson jail, where he remained several months before his trial. During that time, he sent for me many times. I went to see him as often as sent for, and he almost invariably told me of some witness to have summoned in his behalf, by whom he expected to prove an alibi. I had these witnesses summoned and attached, but when court convened not one of all the number could be used in his behalf, simply because they knew nothing about Meggs’ whereabouts on the evening or night Anderson or Ferry disappeared.

The above are the facts in the case as I have learned them through my connection with it. I intend to say nothing about this case and would say nothing now, but it has been intimated at least that I neglected my duty to not appealing the case and I desire to refute it with the facts. I acted conscientiously and believe yet that I acted wisely.

The case was called for trial. My only defense was to attack the case the state made out, which I did, contesting every point. The jury thought him guilty and so said in their verdict. The court charged the law on circumstantial evidence. Meggs was found guilty. The verdict stands upon a closely linked chain of circumstances, a part only of which I have given above. And not upon the uncorroborated confession of the accused, for the accused made no confession of a crime committed by him. I never appealed Megg’s case because under the circumstances in evidence I believed nothing would be gained thereby.

The Galveston Daily News (Galveston, Texas) August 1, 1893

Now as to his finding in the penitentiary the man whom it was alleged he killed. I met Colonel A. T. McKinney in Houston in February. He told me Meggs claimed to have found the man he was convicted of murdering in the penitentiary and I immediately went to Huntsville to investigate the matter. I saw Meggs and the man he pointed out as Mike Ferry. I talked with him about the case and confess I was somewhat surprised to find him unmistakably a negro and not apparently as Mexican as it was proved the Anderson or Ferry Megg’s was convicted of murdering was. He gave very unsatisfactory answers to my questions when I pressed him for details. I therefore told Meggs I could do nothing for him. A few days afterward I met Captain Smither, assistant superintendent of the penitentiary, who told me that Meggs had picked out a second man in the penitentiary, a Mexican this time, who was alive and well and claimed he was serving a life sentence for killing him. This was a little too much for me. I concluded there was nothing in what Meggs claimed so I thought no more of the case until it was brought out in the interview in The News.

THE NAVASOTA KILLING Navasota, Tex., July 31 – The examining trial of J. T. Jones for killing E. C. Allen Friday morning was begun in Justice Forrester’s court this morning.

Fifteen witnesses were summoned for the prosecution. The defense summoned seven. The witnesses were put under rule.

Geo. W. Jones, father of the defendant, and R. Harlock Jr., a newspaper reporter, were excused from the rule. The defendant’s attorney entered a plea of not guilty. The following statement was made by defendant: “On the morning of the 28th of July, 1892 Edward C. Allen and I had a quarrel in Van Deadrick’s saloon in Navasota. Upon Mr. Dick Black, who was an employee in that establishment, stating that he wanted no disturbance in the house, I left the house and left Allen in there. I then went immediately to Ball’s restaurant and asked to go to the wash-room to wash my face and hands. While I was in the wash room Allen came to the door of the wash-room and looked in. I came out of the wash-room, passing Allen at the door. I then ordered my breakfast and took my seat at a table. Allen then went to the next table to mine and took a seat facing me and ordered a cup of coffee. After sitting a while and looking at me, Allen said to me in an angry tone of voice “Have you got enough of this?” I told him I did not want to have any trouble. His reply brought on a renewal of our quarrel. Allen then arose from his table and pulled a pistol from his shirt bosom and came toward me with his pistol in his hand, flourishing it toward me, making threats. I was unarmed and left the restaurant. As I left the restaurant Allen said to me “Go get your gun, God d—n you!” I went

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

immediately to the post office and assisted my father in distributing the mail. I was there engaged about one hour. I then swept out the office and when through with that I went out of the post office the back way, through the rear alley, to Jim Lee’s. After leaving Lee’s I went across to Ladore Goodman’s drug store to get a glass of soda water. After getting the soda I left Goodman’s to return to the post office to go to work. When opposite Barry’s or Mistrot’s store I saw Allen sitting in the door of Deadrick’s saloon. I did not know he was there or where he was until I saw him sitting there, as I had left him in Ball’s restaurant. Allen was not looking in the direction I was coming from and I thought I could pass him and intended doing so. When I got in front of the Exchange hotel Allen turned his head and saw me. He immediately threw his right hand to his bosom and at the same time spring from his chair. I thought he was going to shoot me and I immediately drew my pistol. It was a single action pistol, and in drawing it I attempted to cock it as I drew it and the hammer slipped from my thumb and the pistol fired.

Allen had got his pistol out when my pistol went off.

Allen with his pistol in his hand ran behind the screen and I then took my pistol in both hands and fired until I thought I was out of danger. I had never had any previous disagreement with Allen. We had been friendly and I had nothing against him.”

The defense asked that two of the witnesses, A. F. Brigance an attorney for the prosecution, and B. B. Lowrie, an officer of the court, be placed on the stand.

A. F. Brigance sworn, said: “At the time of the shooting I was sitting in front of Van Deadrick’s saloon on a line with the wall between the saloon and Exchange hotel. Mr. Lowrie was sitting on my left and Mr. R. G. Deadrick next to him. Mr. Allen and Dick Black were sitting in the saloon door. I was talking to Lowrie and Deadrick and as I turned around Mr. Jones was near the wall. He made some remark.” (At this juncture, the counsel for the defense objected to E. A. Scott, county attorney, taking down in writing the testimony. After some legal fencing the court appointed W. H. Brown.)

“Then the pistol fired the first shot. I do not know exactly what Jones said. There was a general scattering. Mr. Black went one way, Mr. Allen ran around behind the screen. Mr. Jones fired a shot through the screen. He then moved a little to the left and fired another shot. Then he threw his pistol down like he was shooting down behind the counter.

I do not know whether that was the last shot or not.

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At that particular time, I got a glimpse of someone which put me on the line of the party inside the saloon and I decided to take myself off. Mr. Forrester came up and put his arms around him (Jones) and clinched him tight. Mr. Lowrie came up and took his (Jones’) pistol. I went on down the street and did not go into the bar room until he was taken away.”

Cross-Questioned: “I was not sitting on the sidewalk.

I was immediately in front of the door. I had not seen the defendant before he came to a standstill diagonally in front of the saloon. Mr. Black was sitting on the right hand side of the door as you go in from the street. Mr. Allen was on the left. They were facing the sidewalk. Allen was sitting ‘quartering’ the sidewalk, facing slightly southward. Mr. Black quartering northwest. They were sitting just on the inside of the door. At the time, Mr. Jones spoke the deceased started to rise and the pistol fired. Just before I turned around Allen was sitting with his arms resting on his thighs, one hand in the other.

Defendant’s back was toward the north when he stopped. He was one and a half or two feet from the wall. The defendant was three of four feet from deceased when he fired the first shot. The shooting happened, in N. V. Deadrick’s saloon in Navasota.”

Defendant did not desire to ask any questions.

R. H. Black being sworn said: “I know the defendant, Mr. Jones. I knew Mr. E. C. Allen; he is dead. My self and Mr. Ed Allen were sitting in the north door of Mr. N. V. Deadrick’s saloon. I was sitting on the south side of the door as you enter to the right. I was sitting facing so I could see up the street. I was sitting not quite on the sill. Mr. Ed Allen was sitting on the opposite of me on the left-hand side as you come in. He was facing down the street - more down the street than straight out. I don’t know where Mr. Jones came from. I did not see Mr. Jones until the pistol fired. When he fired, Mr. Jones was just to the left of the door as you come in on the sidewalk, not more than three or four feet from the wall, if that far.

Mr. Allen and I were laughing and talking at the time of the first shot. At the firing of the first Mr. Allen was sitting with his feet on the doorsill. I can’t say positively where his hands were. The first shot struck the floor under the edge of the sole of my left shoe. I don’t know what Mr. Allen did after the first shot. I jumped right out on the sidewalk. I never say Mr. Allen rise out of his chair. I did not see him after the first pistol fired until about the third or fourth shot. I did not see Mr. Allen make any move to draw his pistol at the time of the first shot not immediately

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

before it fired. If he had attempted to draw a pistol I was in a position to see it. I don’t know how many shots were fired; about three or four or five. I won’t be positive. The first and second shots were fired from outside the house. He then put on or both feet in the house. I am not positive. Mr. Jim Jones fired the shots. I heard no shots fired from inside the house. I saw Mr. Allen at the lower end of the counter about after the third shot. I then walked to the saloon and saw Mr. Allen standing four or five feet from where I had just seen him with his hands on the back of a chair bending over. One hand was on a chair, the other on a box. When he saw me coming, he turned loose his hand on the chair and box and staggered back toward the door. He had a pistol in his hand and as he staggered the pistol was swung around. He was shot through the neck. He fell up against the wall of a house in the rear of the saloon. Myself and two or three others brought him back in the saloon. He lived four or five minutes. I did not examine the pistol. Don’t know who took it out of his hands.”

Cross-examined by defendant’s counsel” “When myself and Mr. Allen were sitting talking I knew Mr. Allen had a pistol on him. He had the pistol in his bosom in front on the inside of his shirt. He had the pistol in his right hand when I saw him with it in the saloon. I did not see Mr. Jones until after the pistol fired. Just before it fired I had been looking down the street and up it, also quartering to Mr. Allen, who was on my right, and was talking to him when the pistol fired. I know that Mr. Jones and Mr. Allen had a quarrel in Mr. Deadrick’s saloon of which I was an employee, in the morning before the shooting, about 6 o’clock about one hour or on hour and a half before the shooting. I told them I did not want a racket in my house, and Mr. Jones said “Dick anything you say goes.”. They both then left the house. I think Mr. Jones left the house first. I don’t know which way Mr. Jones went, nor which way Mr. Allen went. I was behind the counter.”

Re-direct: “The first difficulty occurred in the back room, in the room in the rear of Deadrick’s saloon.

Loud cursing attracted my attention and I went back. Jim was standing up with is knife in his hand cursing Allen; don’t know what the row occurred about. Allen was sitting down. I told them to stop the racket, that they should not have any racket in there, to stop the racket and come out. Jim Jones got up and started around like he was going onto him with his knife, which was open. George Woodall told Jim to stop that; he was wrong; that he could satisfy

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him that he was wrong it he would let him explain it to him. Blake came out first, Allen next and stopped at the bar, then George Woodall and Jim Jones came together. They renewed the fuss again in the bar. I think Jim was first to open his mouth about it after they came into the saloon. I told Jim that he could not have any racket in here. Jones said “Anything you say goes.” Allen then walked to and stood in the door. There was nothing more passed between the two. Then Allen came back to the lower end of the counter and took a drink. Jim then went out a short time afterward. I think Jim left the house first.

When Jim came into the saloon he had his knife in his hand. During the fuss between the defendant and deceased in the rear room, Mr. Woodall raised up and stopped him Jones when he was advancing on the deceased with his knife open in his hand.”

Re-examined: “When I heard cursing in the room in the rear there seemed to be a quarrel going on. I could hear two voices, one low, the other loud and cursing. When I got in the room Jones was standing up on the opposite side of the table to Allen. Jones was cursing: Allen was saying very little. Allen was sitting down, but was cursing and quarreling too, but not so boisterous as Jones. The knife Jones had looked like a pocket knife. When Woodall told Jones to stop, Jones stopped. Did not see Mr. Woodall use any force to stop Jones. I don’t know what the difficulty was about. They seemed to have fallen out about a game of cards in which Jones seemed to think he had been treated wrong and Woodall told him he was wrong, and that he could explain it to him, and seemed to be trying to explain it to him.

When the parties came into the saloon in the order stated in my redirect examination, George Woodall and Jones came in together and Jones was talking to Woodall about the difficulty or disagreement in the back room, and Allen spoke up and said: “Jim you are dead wrong about that.” From this the quarrel was renewed.”

Dr. D. L. P….. being sworn said: “I am a physician and surgeon. I have practiced a little over seven years. I am a graduate of the University of George. I knew Ed. C. Allen. He is dead. I saw him last, living on July 28, standing in Deadrick’s saloon about an hour before the shooting. He was talking with Dick Black. I saw him dead in the rear of Van Deadrick’s saloon. I saw a gunshot wound in the neck; it seemed to be a 41 or 45 ball on the left side of the neck. The ball caused his death.”

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

S. P. Neblett, being sworn said: “I reside at Allen farm. I was in Navasota Friday, July 28, 1893. I ate breakfast at the Keystone restaurant on Railroad Street. There were two other gentlemen at breakfast at the time I was. I do not know Ed. C. Allen or Jas. T. Jones. I have seen one of them since. The defendant is one of them. When I went in I noticed two gentlemen sitting at different tables talking rather loud. I paid no attention to them until one told the other he had better attend to his own business. I think his answer was that he had attended to his own business. The other told him that he had very little business and had not attended to that. A few words passed that I don’t remember.

The gentleman who first spoke rose from his table and drew and opened his knife and stared onto the other, who drew a pistol. The defendant is the one who drew the knife. The one with the pistol drew it back as if to strike and told the other he would hit him if he did not go away or stop that. The one who drew the knife walked out of the restaurant and entered the street. I only heard him say one word, that was “fix”. The one who drew the pistol said: “Fix yourself I am already fixed.” He then sat down, drank a cup of coffee and left the room. I have seen the one who had the pistol since he was dead in Deadrick’s saloon the same morning. I did not hear any pistol shots fired that morning. It was about an hour after the restaurant scene that I saw the dead man in the saloon.”

Cross examined: “These gentlemen were in the restaurant sitting down when I went in. Their tables were about ten feet apart. They were facing each other. I was six or eight feet from them.”

The examination will continue tomorrow.

The Galveston Daily Texas) August 2, 1893

News,

(Galveston,

Navasota, Tex., Aug. 1 – The examining trial of J. T. Jones for killing E. C. Allen was continued in Justice Forrester’s court this morning. The crowd of spectators was considerably diminished, but the trial continues nearly the sole topic of conversation.

Morgan Shields, being sworn, says: “I know Mr. Jones when I see him. I did not know Mr. Allen. I was working at the Keystone restaurant on last Friday the 28th of July. Mr. Jones and Mr. Allen had

PAGE 12

a little racket at the restaurant last Friday morning.

The first I saw, Mr. Jones came into the restaurant and asked Mr. Ball if there was a place he could wash his face. Mr. Ball said “yes” and I showed him the place and about that time Mr. Allen came in. Mr. Allen asked if there was anybody back there. Mr. Ball told him “yes” and he then asked if Jim Jones was back there. He then went on back to where Mr. Jones was and about that time Mr. Jones came and sat down to eat his breakfast. He sat at one table and Mr. Allen at another. Mr. Allen ordered a cup of coffee and then sat down at another table. They got to quarrelling and jowering at one another. Mr. Jones pulled his knife and Mr. Allen pulled his pistol. Mr. Allen said: “If you come on to me with that knife I will beat your head off” and Mr. Jones then turned and walked off and said, “I will see you later.” Mr. Allen said: “Go get your gun.” Mr. Jones came on out and Mr. Allen sat down and drank his coffee.”

Crossed by defendant’s counsel: “When Mr. Allen asked Mr. Ball if Mr. Jones was back there Mr. Ball told him he was and Mr. Allen walked back to the wash room where Jones was. I had worked at the restaurant only three days before the difficulty. Mr. Jones had not eaten there before while I was there.

I know Mr. Jones by having been told who he was. I had not seen Mr. Allen before to know him. There was no one in the restaurant when Mr. Jones first came in except myself and Mr. Ball. Mr. Jones came in and asked for the wash room. I went and showed him and by the time I got back to the dining room Mr. Allen came in. I had never seen Mr. Allen at the restaurant before that morning. He was not boarding there. I saw Mr. Allen when he drew his pistol. He drew it out of his shirt bosom. He had on no coat. He was sitting down when he stared to draw it, but was standing up by the time it was out. Before Mr. Allen drew his pistol, I walked in and took hold of Mr. Allen. I took hold of Mr. Allen because I was nearer to him. I told Allen not to have a fuss in this restaurant. He jerked loose and I walked on by him.

He stopped still. Mr. Jones said: “I will see you later.” Mr. Allen said: “Get your pistol.” If either cursed I did not hear it. If Allen said “Go fix yourself, I am fixed for you already” I did not hear it. Mr. Allen did not follow after Jones until he got nearly opposite to where Nesbitt was sitting. Mr. Jones had a little black looking, ordinary pocket knife that appeared shut. I don’t know what kind of pistol Allen had. I only know it was a pistol. There was a difference in the size of Jones and Allen. Allen was larger and a young man.” The prosecution rested.

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

DEFENDANT’S EVIDENCE Mr. C. Ball, being sworn says: “I know the defendant, Mr. Jones and I knew the deceased Mr. Allen. I am proprietor of the Keystone restaurant in Navasota. I saw Mr. Jones and Mr. Allen in my restaurant on last Friday morning. Mr. Jones came in about 5 o’clock in the morning and asked me if I had a place to wash.

I told him to step back in the rear of the building. He ordered a half spring chicken. Mr. Jones went back into the wash room. In about five minutes Mr. Allen came in. He asked me if anybody was in the room. I told him Mr. Jones had just stepped back there to wash, and Mr. Allen went back there to the wash room. After Allen went to the wash room I sent from the dining room into the kitchen, and when I returned I found them sitting at different tables.

Allen ordered a cup of coffee. I was in the kitchen cooking, getting up an order and I heard them quarreling. I stepped to the door and they both rose from the table. Mr. Allen drew his pistol and they met one another and Mr. Allen told Mr. Jones if he was going to do anything to do it.; he was fixed for him. Mr. Jones stopped about a second, wheeled around and went out saying: “I will see you later.” I told Mr. Allen to put his pistol up; that I did not think the quarrel amounted to much; to sit down and drink his coffee. Allen got through, paid for his coffee and went out. Allen went out about three minutes after. Neither of them were boarding at my restaurant. Both of them occasionally came to my restaurant. I don’t know what kind of pistol Allen had; I saw no part of the shooting. I am not certain what it was Mr. Jones said when he went out. I took it to be “I will see you later.” When Mr. Jones started out Allen said” “Go get your pistol.”

Crossed by state: “I was about four feet from Mr. Allen when he rose. I was about sixteen feet from Mr. Jones. Jones was sitting with his face to me. Mr. Allen with his right side to me. Both of the parties arose from the table about the time I entered and made toward each other. Allen had a pistol. I was watching the pistol and did not see what Jones had.

If Jones had anything in his hand I did not see it.”

Re-direct: “When Allen got up near Mr. Jones he flourished his pistol around and said: “If you are going to do anything now do it.” Jones hesitated a second and walked out and Allen said: “Go and get your pistol.” When Allen got up and followed him I intended to grab his pistol if he attempted to shoot.”

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Recall: “I am not certain as to the time Mr. Jones came into my restaurant. I suppose the sun was up.

I did not look at the clock. It was just after I opened.

I usually try to open at 5 o’clock.

J. M. Sloan being duly sworn said: “I don’t know if I was subpoenaed by the state. I knew Ed. C. Allen. Ed C. Allen borrowed a pistol from me at about half past 6 Friday morning. It was before breakfast. I was dusting around. He walked in and spoke to me. He said: “Mat, loan me your gun.” I asked him what he wanted with it. He said he had left his under his pillow and wanted one. I asked him if he was in any trouble, what he wanted with a gun. He said he was not and I loaned him the gun. When I say gun, I mean pistol. He did not tell me what he wanted with it. He took the pistol out of the house. He had on a loose shirt and stuck it in his bosom. He walked into my door on the side next to Van Deadrick’s bar. He went out the same way he came in. I saw him after that in Deadrick’s bar, it was only a few minutes after I loaned him the pistol before I saw him in the bar.

He was leaning up against the bar talking to Dick Black or Bob McCoy. I did not see Mr. Jones in the bar. Mr. Allen boarded with me. I run the Exchange hotel next to Deadrick’s saloon. Allen did not usually take breakfast at the hotel. I don’t think he usually ate breakfast. He would sometimes eat breakfast at my house. He told me he did not get up in time for breakfast. He boarded at the hotel for two or three months and I don’t think he ate a dozen breakfasts.

Mr. Allen was not engaged in any business on July 28 that I know of. I saw the difficulty in which Mr. Allen was killed after the first shot. It was about an hour after I loaned Allen the pistol till he was killed.

I saw Allen to out of Deadrick’s saloon and go down the street. I think to Ball’s. I thin k it was about twenty minutes from the time he was in Deadrick’s till he went to Ball’s. It could not have been over half an hour from the time I loaned him the pistol. I loaned him a Colt’s 41 improved double-action. It was a six shooter, I think. “ (The court here produced a pistol said to have been taken from the deceased by Marshal Lowrie.) “I think the pistol is mine. It is the same kind as mine. Mine had no private mark.”

Cross by prosecution: “I have known Mr. Allen five or six months. He was agent of the Santa Fe Company. I got acquainted with him shortly after he came here. He boarded at my hotel about four months up to August 1. I do not know if he was engaged in any business at that time of his death. He roomed at Mrs. Driscoll’s He usually made his headquarters at my hotel since he had been out of

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

business. Even while he was with the Santa Fe he usually hung around the hotel during his leisure hours. It is N. V. Deadrick’s saloon that adjoins the Exchange hotel. I heard some pistol shots fired Friday morning, July 28. I was sitting on the sidewalk facing toward Brosig’s. I saw Mr. Jones before he fired the shots.” (Major Boone here asked Judge Neal, for the prosecution, if he expected this testimony. A legal duel took place. Judge Forrester ruled that everything should be put down.) “I was facing nearly north; it would be looking up. What we call up is toward Dallas. I saw Mr. Jones right in front of the hotel. The first think that attracted my attention was the firing if the pistol. He was close to the front wall of the Exchange hotel. He was coming down the street toward Deadrick’s saloon. I don’t think he had on a coat. He had on a vest. I thought he said something. I could not swear that he said anything, for if he did what he said was immediately preceding the shot. I would not be sure whether he said anything or not. I had not seen Mr. Allen just prior to the shooting and I did not know where Mr. Allen was. I saw Mr. Allen just after the shooting. He was running around the screen in Deadrick’s saloon.

He was trying to get the screen between him and Mr. Jones. I thought Mr. Jones fired the second shot at the time Mr. Allen turned behind the screen, but I believe Mr. Allen was in the open space at the time.

I think there were four or five shots fired. I do not know if Mr. Allen had anything in his hand at the time he was running round behind the screen.”

Re-examined by defendant’s counsel: “Mr. Allen has been out of charge of the Santa Fe depot about a month. It was a little before the 1st of July that the officers of the Santa Fe were here checking up Allen’s accounts, and after that, maybe a week, Mr. Allen went out. I do not know why he went out. I had not seen Allen any time since I saw him going in the direction of Ball’s restaurant until I saw him after the shooting commenced. I was sitting on the street, with my face turned northward. I did not see Mr. Jones until he got right in front of my hotel.

Goodman’s drug store is three stories above the hotel northward in the direction of Brosig’s hardware store. I did not see the defendant, Jones, go into Goodman’s drug store. The sidewalk is ten or twelve feet broad in front of the Exchange hotel.

When I say Mr. Jones was near the wall of the Exchange hotel, is that he was not in the middle of the sidewalk. He might have been two or three feet from the wall or he might have been closer to it. I did not see defendant move or spring out from the line he was walking on further toward the middle of

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the sidewalk. When he fired the first shot which attracted my attention, he was further out on the sidewalk than when I first saw him.”

B. B. Lowrie, sworn said: “I am city marshal of Navasota. I knew Ed. C. Allen. I know Jimmie Jones.

I was in town in Navasota, Friday morning the 28th.

I saw the difficulty which resulted in the killing of Ed. C. Allen. I had seen the defendant Jimmie Jones on that morning preceding the difficulty. H was sweeping out the post office. That was ten or fifteen minutes before the difficulty occurred. I don’t remember if there was anyone else in the post office beside Mr. Jones. I sent to get my mail and unlocked my box. I saw Mr. Allen in the front door of Deadrick’s saloon from here. Allen remained there for the present. I remained there. I got a chair and sat off the edge of the pavement on the ground. After I sat down Mr. Allen put his hand in his bosom as if arranging his pistol (illustrates it by putting his right hand in his shirt bosom) and walked in the direction of the screen door. He turned and came back to the door. He sat down in the door. His body was inside the saloon; no part of his body was outside the saloon. I think Dick Black was nearer to him than anyone else. Mr. Ben Deadrick and Mr. A. F. Brigance were sitting by me. I saw Mr. Jones near the hotel door when the shooting commenced. He was walking southward. When Mr. Jones got in front of the saloon Mr. Allen sprang to his feet and threw his hand in the direction of his bosom. Then Mr. Jones drew his pistol and fired. That was the first shot. Mr. Allen then went around the front of the screen and Mr. Jones fired the second shot. I then got out of the way. I ran from my chair in the direction of the hotel door to get out of the range of the shots. I turned and ran onto Mr. Jones. Mr. Forester had told of him and told me to take charge of him. I took his pistol away from him. There were four shots fired. After I got Mr. Jones’ pistol I ran in the saloon and took Mr. Allen’s pistol from him. I found him near the rear end of the saloon with his pistol in his hand. It was in his right hand. I then went back and took charge of Mr. Jones. I saw some blood about Mr. Allen’s neck when I took the pistol from him. Mr. Allen did not fall when I was in the saloon. When I came down that morning an old gentleman who runs the lower saloon on Railroad street, I think his name is Collard, stepped out on the sidewalk and asked me who was postmaster here. I told him George W. Jones. He asked me if he had a son and said if he did he had a row with an agent in Ball’s restaurant. He said he thought it was Allen, but he did not know either gentleman. He said if I

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

would go to Ball’s restaurant I could find out all about it. I went and called Ball to the door. He said there had been a spat between Allen and Jones, but it did not amount to anything. I had received information from parties that there had been a row or disturbance that morning between the defendant, Jones and deceased, Allen. That information caused me to investigate the matter and watch the parties.

When I got to the post office I saw Mr. Jones sweeping out and saw Mr. Allen at the saloon and concluded it did not amount to anything and paid not more attention to it. The only circumstance that caused me to notice Allen was the fact that he put his hand in his bosom as if he was arranging something and walked in the direction of the saloon screen door.”

“At the time, I took the pistol from Mr. Allen he did not say anything. He was in a tottering condition. He fell. I have not seen him since. I then went and took charge of Mr. Jones. I found him inside the hotel, Exchange hotel. We defendant and myself returned to Mr. Deadrick’s saloon. We got a drink. I think Mr. Jones said “take a drink.” I did not see Allen’s body.”

Redirect by defense: “I gave both pistols that I took from the parties to Squire Forrester. I recognize the pistols shown in court as the pistols that I took from defendant and deceased.”

Redirect by prosecution: “I examined the pistol that I took from defendant; five chambers were empty; one cartridge was loaded. I examined deceased’s pistol and found all the chambers loaded.” It was suggested that the loaded pistol should be unloaded

by Squire Forrester.

Sam T. McMillan, being sworn said: “I reside here in town. I am a tinner at Brosig’s and I knew Ed. C. Allen. I know Mr. Jones, the defendant. I saw both of them at N. V. Deadrick’s saloon on the morning of Friday, July 28 at 6:40. I walked into Mr. Deadrick’s to get a drink of water. Mr. Black and Jim Jones were talking. I walked back and got a drink of water.

At this time Mr. Allen came in. He ordered a drink and asked Mr. Woodall to take a drink with him. I walked out of the saloon, went to the door of the hotel and ordered my breakfast from the waiter. I sat down in front, talking with Mr. Sloan. Mr. Woodall walked to the door and asked if he and Mr. Allen could sleep in No. 7. He told him they could.

He asked Mr. Woodall if they had been on a spree.

Mr. Woodall told him they had been playing poker all night. Mr. Woodall walked across the street to the

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depot. Mr. Jones walked down to the restaurant.

Shortly after that Mr. Allen walked to the door, stood there a few minutes and then walked to Ball’s restaurant. Mr. Jones had hardly gotten to the restaurant when Allen started there. I did not see any part of the shooting. Mr. Jones said nothing to Allen nor did Allen say anything to Jones.”

Crossed by prosecution: “I have lived in Navasota five months. I came from Bryan; I lived there one month. I came from Houston to Bryan; I was there a week or ten days. I came from New Orleans, La. My home is Meridian, Miss. I was sitting on the edge of the sidewalk facing the building. When I was sitting there, Mr. Jones came out of the saloon. I saw him go into a door. I suppose it was Ball’s restaurant. At that time, I did not know that there had been any trouble between Mr. Jones and Mr. Allen. I did not see the shooting and know nothing of the difficulty.”

Ex-examined by defendant: “I was boarding at the Exchange hotel; I was sleeping over the post office.

The room is connected with the hotel Mr. Jones had not passed out of sight into the house which I took to be Ball’s restaurant before Allen came and stood in the door of the saloon.”

R. G. Deadrick being sworn said: “I knew Ed. C. Allen, the deceased. I know Jones the defendant. I saw the difficulty that resulted in the death of Allen.

I was sitting in front of the saloon, when the difficulty occurred. Henry Hell, Mat Sloan, Frank Brigance and Lowrie were out where I was. I saw Mr. Jones shoot Mr. Allen. Allen was sitting in the saloon door next to the hotel. He was sitting in the door of the saloon leaning over with his head on the outside.

I cannot say exactly how he was looking at the time the difficulty commenced. Dick Black was sitting by Mr. Allen on the left side of Mr. Allen. I saw Mr. Jones four or five steps before he got to where the shooting commenced. Jones was coming down the street from toward Barry’s or the jewelry store. He was on the sidewalk. I suppose he was about two feet from the wall, closer to the wall than he was to the outside of the walk. I suppose Jones was four or five feet from Mr. Allen when the first shot was fired.

The first think I knew about the difficulty Lowrie told me of them having a fuss. He had just finished felling me when I saw Mr. Jones as I stated. I saw him before he got up to Mr. Allen. When Mr. Jones go opposite Mr. Allen the shooting commenced.

Allen was sitting down when Jones walked up in four or five feet. Allen jumped up, Allen was rising about the time Jones was pulling his pistol. Allen rose with

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

his hands a little above his hips [illustrated by witness]. He had been sitting with his hands between his knees patting them together. As he rose he wheeled to run. I could not say whether he wheeled to run before or after the first shot. About that time, we were all running. I saw no more of the shooting.” An adjournment was taken until 8:30 tomorrow morning.

The Galveston Daily News (Galveston, Texas) August 3, 1893 Navasota, Tex., Aug 2 – The third day of the Jones examining trial was begun at 8:30 this morning. A. D. Alvin, being duly sworn, said: “I live in Navasota.

I have been here about eight months. I am in the barber business. My barber shop is on Washington Avenue in the front part of the Gem saloon. I know the defendant. I was in my shop early Friday morning. I saw the defendant about five of ten minutes before the shooting. I heard the shooting.

He came out of the alley leading from the rear of the post office to Washington avenue. He came across the street toward the Gem saloon. James Lee keeps the Gem saloon. I saw him (Jones) go into the saloon. I saw him go out of the saloon. He passed in front of my shop toward Brosig’s corner. I saw no more of him before the shooting.

Harry Harris sworn, said: “I live in Navasota. My business is at Jim Lee’s saloon. I have been living in Navasota six or seven years. I clerk for my brother in the fruit business. I know the defendant, Mr. Jones. I was at my place of business early Friday morning. I heard the shooting that morning which is said to have resulted in the death of Mr. Allen. I saw the defendant Jones that morning, maybe an hour, maybe two hours, maybe half an hour – I don’t recollect.

He seemed to be coming across Washington avenue from the direction of Charley Rowland’s. He was four or five feet from the sidewalk in the street when I first saw him. There is a rear or back alley leading from the back of the post office out by Charley Rowland’s into Washington avenue. Mr. Jones went into Jim Lee’s saloon. I saw him come out of the saloon and went down the sidewalk in the direction of Mr. Brosig’s corner. I did not see any more of him.

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John D. Quinn being sworn said: “I live in Navasota.

I have been living here five or six years. I was in Navasota July 28. I was working in Goodman’s drug store at that time. Isidore Goodman’s drug store is between the National Bank and E. Harris’. It is on the same street and same side of the street as Van Deadrick’s saloon and the Exchange hotel. It is between an Deadrick’s saloon and the Exchange hotel and Brosig’s corner. There is a walk and sidewalk leading from Brosig’s corner by the drug store, by the Exchange saloon and Deadrick’s saloon.

That same sidewalk leads to the front of the building in which the post office is located. The post office is in the rear of that building. I heard the shooting in which it is said Mr. Allen was killed. I saw Mr. Jones before the shooting in Mr. Goodman’s drug store.

He came in and asked for a glass of iron phosphate.

I waited on him. It is taken from the soda fountain.

He drank his soda and walked out. He started off in the direction of the Exchange hotel. I heard the shooting after Mr. Jones left the drug store. Only a few minutes after; pretty soon after. It was a very short time after I had washed the glasses, walked out from behind the counter and leaned up against the show case. I did not notice in which direction Mr. Jones came in; he came in the north door in the front of the building. There are two doors. I saw him just as he stepped into the drug store. Crossed by the state: “I know Mr. Jones; I don’t know exactly how long I have known him; about twelve months or longer. Mr. Jones was in the habit of buying soda water before last Friday. I did not notice anything unusual about his appearance when I waited on him.

If he was excited I did not notice it. Here both prosecution and defense asked for time for consultation.

The defense here closed their testimony. Judge C. L. Kettler spoke for the prosecution; Major H. H. Boone followed for the defense. The County attorney closed for the state.

Justice Forrester admitted the prisoner to $1500 bail, which was promptly given.

JEALOUSY AND MURDER Sunday night at Yarborough a negro named Jerry Little shot and killed a negress named Bettie and also shot a young negro named Calhoun, who is not dead yet. The weapon used was a pistol. The trouble was caused by jealousy.

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

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World War I Monument Dedication

Local artist Russell Cushman brought photos and other memorabilia that belonged to his grandfather who fought in World War One and put them on display.

On April 6, 2017, the ladies of the Robert Raines Chapter National Society Daughters of the American Revolution of Navasota along with the Sons of the American Revolution dedicated a spot in Anderson Park just down the street from the Grimes County Courthouse where they intend to erect a monument to the World War I soldiers from Grimes County.

The dedication ceremony included a speech by local resident and artist Russell Cushman who gave us the history of the Poppy and the symbolism it has with the Veterans of WWI. The significance of this day is that this day was the anniversary of the United States entering World War I.

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

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“Mexican Frank”

Mexican Frank’s Chili Recipe

In the early 1900’s Anderson was a thriving and bustling city and on Saturdays and holidays the streets were filled with buggies, surreys, wagons, and teams of horses and mules. Being an agricultural community much of the commerce tended to lean in that direction. However, come mid-day, the men folk of the town felt the need of some sustenance for the inner man. If you live in the town, of course, at dinner time, not lunch as we call it today, you headed for your home. Usually a friend or two was invited along to partake of the midday meal. Otherwise chances are the hungry man would head for the small restaurant, a literal hole in the wall, called after its owner, chief cook and prime server, Mexican Frank’s. Mexican Frank’s place served what may be generously described as a limited menu. There was Chili, tamales and stew. If your palate demanded something beyond those items, then you were in the wrong place, because Frank didn’t have it. It had long been the custom for the young men of the town to go out in the afternoon for an evening of baseball and similar games, and after it was over, then all would repair to Mexican Frank’s for a repast of chili and/or stew. To quote Irvin P. Bradley, a long-time Anderson resident and consumer of many a steaming bowl of the fiery concoction Frank served, “It’s a wonder it didn’t kill us all.” But of course, it didn’t, although we are told that one day a pitcher ate some chili before a game and when he tried to throw a spit ball, the salivary slider caused the stitches to melt off the ball.

4 lbs. coarse ground or chopped lean beef, some lean armadillo or possum may be used but add no more than you would of pork or venison

Where Mexican Frank came from is not clearly detailed to those of us who followed in the footsteps of the early Anderson residents. We do know however, that being mortal there came a time when his Maker summoned Frank to his Eternal Presence, and questions then arose because Frank had never worried about very many things on earth, and preparations to meet his maker by joining a church had simply never occurred to him. About a week after he had slipped this mortal coil it began to be of considerable concern to people whom he had left behind, so several good citizens of Anderson arranged that Mexican Frank be buried near the Odd Fellows Cemetery on a hill west of town. Time has erased the marker which delineated the location of his grave, but his memory remains in the form of the chili recipe detailed below.

3-medium purple)

finely

chopped

onions

(preferably

3- Medium green peppers, chopped very fine 4 pods dried red chili peppers, with all stems and seeds removed and discarded. Soak these pods in warm water to cover until soft, then scrape pulp from skins into water and save 2-cloves garlic 2 Jalapeno peppers, diced finely 2 jars cooked or stewed tomatoes, more or less as needed 8 tablespoons chili powder, more or less to suit 2 teaspoons cumin, more or less to suit 1 teaspoon salt 1 teaspoon black pepper 1 bottle beer (add about ½ to chili when needed and drink the rest. About ¼ cup tequila added both to the chili and to the cook will also produce great results.)

Flour in amount as needed to flour meat. Heat some side meat or bacon drippings in large deep skillet.

Flour meat and brown quickly in the heated drippings. Add the onions, garlic, salt, pepper, cumin, tomatoes and any other spices to the cooked ground meat mixture and let it cook for fifteen to twenty minutes. Then add the water and pulp mixture which has been scraped from the pepper pods. Stir well and let simmer for a few minutes until thoroughly mixed. Then add the beer and enough water to insure the proper consistency. If the chili thickens, add more water. Allow the entire mixture to simmer over a low heat for at least two hours before serving; the long it simmers the better.

Continue to add water if needed to keep the right body and taste. Serve with crackers or toasted tortillas, and a beverage which suits your palate. The first spoonful should be something like kissing a scorpion but after that the pungent delicacy of this dish will take over.

Source: Heritage and Progress, History of Grimes County, Texas; Compiled and edited by the Grimes County Historical Commission; original printing 1982; 2nd Edition 2007; page no. 621

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

Community Spotlight HARMONY, TEXAS (Grimes County). Harmony is a tiny community located on County Road 407 about six miles east of Navasota in south central Grimes County. This settlement began in the mid1800s, when families homesteaded along the edge of a blackjack forest. Around 1859 Grimes Prairie Baptist Church relocated to this area and changed their name to Harmony Baptist Church. Members constructed a church building in 1870. Early settlers included the McGinty, Loftin, Michie, Sloan, and Cullen families. After John Moore McGinty died in 1888, his wife Mary Loretta Brown McGinty and their son donated land for a cemetery. Services were held in the church until the 1930s, and a one-teacher school operated at Harmony from approximately 1915 until the 1940s, when it consolidated with Navasota. In 1979 Harmony Baptist Church and Cemetery received a Texas Historical Marker. The first population figures for Harmony listed twelve residents in 1990. That number remained the same in 2000.

HARMONY BAPTIST CHURCH First organized and located on the south side of Grimes Prairie one mile north of Stoneham.

Harmony was originally named Grimes Prairie Baptist Church. Grimes Prairie Church came into union association early 1857. John Moore McGinty and wife Mary Loretta (Brown) McGinty organized Grimes Prairie Church soon after they arrived in Stoneham, Texas in 1853. In 1859, it was decided to conduct a revival in the section where the greater number of members lived. At this time, it was decided to move the church to present location of Harmony Church. Harmony Church today is the same old church that was once called Grimes Prairie.

The location and present site of church is six miles southeast of Navasota in Rufus Grimes Survey on Harmony Lane, north of Highway 105.

The congregation first worshiped in a schoolhouse. In 1859 Blake Brantley and wife Peggy, sold to William T. Loftin, James B. Ashford, and John McGinty, as trustees and guardians, 2 1/3 acres to be used for the purpose of building a church and schoolhouse free for all Protestant denominations.

First house of worship was erected 1870 at Harmony. It was eighty feet long and faced towards the cemetery. The cemetery although in use was not deeded to the trustees until April 1898, 2 2/3 acres

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was given by Mary McGinty, widow of John McGinty, and son Richard. The oldest burials are in a rock enclosed pen where all members of Bell family died of yellow fever in 1872.

The present church building was erected in 1922. It is a frame one-room building with 10’6” ceilings, 10 windows and two doors facing south towards Harmony Lane. The old church was falling down and Mary (McGinty) Pierce, who was devoted to Harmony, instigated the rebuilding. The wooden benches were handmade by John Thomas McGinty who was the father of Mary Pierce, in 1869 when he was 18 years old. The present church is made partially from the wood of the old church. Church membership in the first year 1857 was 27, in 1863152, 1869-37, 1878-81, 1887-91, 1896-110, 1910-35, 1912-73, 1922-30, 1935-37. Regular services were discontinued late 1930’s as the majority of membership moved away. The church and cemetery association has for the past 45 years sponsored a homecoming first Sunday in August. Barbeque, sermonizing, reminiscing.

Donations provide money for repairs and maintenance of the building and cemetery. The cemetery has a historical marker.

GRIMES COUNTY HISTORICAL COMMISSION NEWSLETTER JUNE 2017

SHIRO ELEMENTARY SCHOOL FOR BLACKS Shiro Elementary School for Blacks was located east of Shiro on Highway 30 and had 3 teachers.

Farming was the chief occupation of the community.

About one-fourth of the people in the community were land owners. Because of the seemingly limited interest of the adults in the development of children, reading was one of the most difficult problems of the school. Teachers, parents, and supervisors put forth every effort available to improve reading and to develop good reading habits for the children. All elementary subjects were taught, with special emphasis on the 3 R’s. The children participated in all the school activities in the county such as Interscholastic League Meets, wild flower shows, 4H clubs, county graduating programs, athletics, etc.

These activities motivated the children and improved daily attendance.

After completing the grades taught in the district, the children were transferred daily to Navasota High School by bus. In earlier years parents who were interested in their children getting a high school education would board and room their children in Navasota and Huntsville.

In later years school officials realized the health condition of each child should be checked often. A county nurse was provided to visit the school and check the children often. Health problems that needed more care would be referred to the doctor.

After some of the smaller schools were closed, more children attended this school. Buses went through the rural community transferring the children to Shiro Elementary School daily. At one time in the history of this school a Hot Lunch Program existed to help keep the children healthy.

To help keep the children happy in all their school life and surroundings, the teachers would carry the children on Educational Tours yearly to help broaden their experience. The two best tours enjoyed by the children were “Six Flags Over Texas” and a visit to the Astrodome and Zoo. The tours were provided for by the trustees, teachers and parents. Boxes of food, fruits, candies, etc. were given to carry on the tours by the late Messrs. B. C. Thomas and Roy Ferguson who operated stores in Shiro.

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In spite of the disadvantages of this rural school, some of the students have become ministers, nurses, teachers and professional businessmen and women.

The foundation was gotten from the Black Shiro Elementary School which served as an educational institution for the community.

Among those who taught at Shiro Elementary School were: Mr. Sanders, Mr. George Loud, Mr. A. I. O’Neal, Mr. E. Farris, Mr. L. E. Harle, Mr. Thomas Jones, Mr. Woodrow W. Jackson, and other men.

Mrs. Nellie Stuart, Mrs. Annie Mae Kennard, Mrs. Gloridine Buster, Mrs. Sadalia Ross Jones, Mrs. Mary F. Jones, Mrs. Lloyd Hall, Mrs. Roosevelt Kingsberry Kerl, Mrs. N. L. Adam Sanders, Mrs. Aldine Mitchell, Miss Nancy Terrell, Mrs. Estelle Johnson Wiley, Mrs. Avenell Hightower Bookman, Mrs. Ella Moore Baldwin, Mrs. Maurine Parker, Goldie M. White and others.

Some of these teachers’ salaries were as low as $35 per month during the school session of 1939-1940.

Today there is no black school in Shiro. Educational opportunities are better now for all children.