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Pierce Genealogy SC>GA>TX
| Return
to PDF Library |Return to Reuben Pierce SC 1768 Page | Return
to James H Pierce Sr Page
Clem
Pierce Sr Page | LD
Pierce (PegLeg) Page | Rhoda
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Pierce Conn Page | Children
(Main list ) of
Andrew Jackson Pierce | Other
(unknown) Children of
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Welcome to my Genealogy Web Page-Pierce Surname.Descendents
of Reuben Pierce born in Edgefield Dist SC 1768
DESCENDENTS OF CLEM ABERCROMBIE PIERCE GA 1842-1908
C.A.P.(this was his brand)
OWNED LARGE RANCH AT CLEBURNE TX
GOATNECK ON BRAZOS
| Pearce, C. | | Gwinn | | Rumsey, Wm |
To his excellency Edward Clark, Governor of the State of Texas.
We the undersigned 1st Sergeant of Rock Creek Guards have the honor to transmit to your excellency the above and forgoing which is a true copy of the Muster Roll of the said company and also that the officers appearing to the head of the same were duly elected on the 25th day of May A.D. 1861 by the said Company at their place of rendezvous in Precinct No.4 Johnson County, Texas. | Z.E. Coombs 1st Sergeant
Rock Creek Guards
click here
some census info about our pierces johnson county texas
WANTED: WE NEED TO CONTACT DESCENDENTS OF THIS FAMILY
WHO LIVE IN NEW YORK (WE HAVE HEARD) AND STILL OWN PART
OF THE PIERCE RANCH AT GOATNECK JOHNSON COUNTY TX.
WE ARE ALSO LOOKING FOR CLEM PIERCE'S BURIAL SITE.
(DEC 1999 found that CA Pierce is buried Cleburne Cemetery, Block 28, Lot 20.)
THANKS TO INFORMATION AND COPY OF OBITUARY RECEIVED FROM
JOAN MARKS OF SALMON, IDAHO, RECEIVED JULY 12 1999
WE NOW KNOW HE HE DIED IN 1908 AT HOME, ACCORDING TO OBITUARY.
WE NOW KNOW HE WAS BURIED IN JOHNSON COUNTY TX.
WE KNOW THE WIFE AND DAUGHTERS WERE WITH HIM IN 1907 .
OUR FAMILY HAS HEARD NOTHING
FROM THIS FAMILY FOR 80 YEARS OR MORE.
UPON FIRST READING OF THE OBITUARY BELOW I
HAD DETERMINED HE DIED IN COLORADO, BUT REVIEWING WHAT WAS
WRITTEN AND TITLE, HE MUST HAVE DIED AT GOATNECK PRIOR TO APRIL 5 1908.
Nov
11 2002 Photo of Clem Abercrombie Pierce Gravestone
Memorial Cemetery Cleburne Tx
click on the Small Photo To View Larger Photo
Oct 2009
found death certificate of Clem's daughter
Willie Pierce Moore
see link further down page
CLEM ABERCROMBIE PIERCE OUTLINE
ELECTRONIC GENEALOGY NOTES
BY LD PIERCE
LD'S NOTES ON CLEM ABERCROMBIE PIERCE
Descendants of Clemeth Pierce
Clemeth3
Abercrombie Pierce (Andrew Jackson2, Reuben1)
was born Dec 16, 1842 in Lumpkin, Co., GA. He died
1907 and is buried in
Cleburne TX, Cleburne Cemetery Block 28, Lot 20.
spouses: (1) Altha White. He married (2) Mollie (Mary)
L Gordon October 26,
1875 Johnson county Tx. Mollie born Sept 1862. She was born in VA. Clem Pierce is also listed
as one of the original land-grant holders for the County of Johnson County
TX. Death 1907 R.H. Deering and Son Funeral
Home Records page 274 1900 Census Clem 57 had been married to
Mollie(Mary_) 3 years. Same year LD Pierce family was in Indian territory
Chickasha had children and wife with him Mossie
Willie only they were 13 and 15. 1900 Census states Molly born may 1863.
She was 37 in 1900/ same 1900 census lists Frank Wheat wife emma. My
relative named (Frank?) Wheat was involved in a murder ca 1890's in Texas.
He later changed his name to Dodson and moved to Oklahoma. There is a
Frank Wheat on the 1930 Census for Hill Co., Tx. who is listed as an
inmate , age 74. This information may not prove to be of help to you, but
just on the chance it could, you now have it. I haven't been able to find
out WHO Frank Wheat is supposed to have murdered Jean Cariglio
Notes for Clemeth
Pierce: Clem (or CA) Pierce enlisted in the CSA 2 Nov 1864 at Mossy, Creek
Ga. He served in Co E (Capt. Kelly's Co) 30 Battalion GA Calvary. He is
described as 5'8" tall light complexion, dark hair and blue eyes.
Cherokee GA web site lists: CAS Co. F, 2nd Regiment Infantry
(Cherokee GA) Editors Note: Dec. 1999 I received Civil War information
sent to me by Author W. E. "Jack" Carolton--- Leyland Museum "Civil War
Veterans of Johnson County Tx" lists CA Pierce as: UCV #88, Co. F, 3rd GA
Cav. Wheeler's Div. b. 16 Dec 1842. d. April 5 1908. buried Cleburne
Cemetery, Block 28, Lot 20. Thanks to Jack for pointing me to this
information. This information was especially helpful since it
contain the place of his burial. I had been looking for this data
for a year or two!! This is the same author with information on the
Pierce family in his book ...also see Joel J
Pierce Mystery Webpage
C. Pearce Private Rock Creek Guards (Cavalry)
? is this our Clem? Johnson County, Texas, Civil War
Muster Roll From the Commissioners Court Ledger Book "A".
"The area called
Goatneck became well settled by farmers during the late 1800's and early
1900's. It was during that era that the settlers petitions the
Commissioners Court of Johnson County that the area be annexed to Johnson
County. The Comissioners hearing asked for a description of the area. It
was described by one of the men present at the hearing. After giving all
the bends in the course of the Brazos River He said, "It is just the shape
of a goat's neck" So the area has been called Goatneck since. " Herbert
Blackstock Johnson County History Book.
"Dee Peterson, Goat
Neck's oldest resident at 83, states that Goat Neck got its name during
the legal transfer of the area from Hill to Johnson County. Clem Pierce,
one of the early settlers of the area, was asked to describe the piece of
land for one of the legal documents necessary to transfer. According to
Legend: He said: "It's just a little ol' goat's neck out in the cedar
brakes along the river." The name stuck and goat's neck eventually became
Goat Neck:" Steve Bell Johnson County History Book
Reprinted with permission Oct 1998.
July 12,1999:
Newspaper article sent to me by Joan Marks of Salmon ID. Her great
grandfather was brother to Nancy E Abercrombie, and she found this
obituary of Clem Pierce among his things. She also sent letter from Fannie
James (Nancy Abercrombie Pierce's) JJJ Abercrombie (John Calvin) JJJ
Abercrombie of Trinidad Co.
"Old Citizen is Dead At
Home" Article from
Johnson County TX newspaper. .
Clem Pierce Yields to Grim Reaper and is Called to Heavenly Reward April 5th,
1907.
On Sunday night at 8:15 o'clock Mr.
Clem Pierce, one is of the best known ranchers and stockmen of Johnson
County, was called to his heavenly reward. Mr. Pierce had been in poor
health of some time. For the past several summers he had been spending
much of his time in the mountains of Colorado. These summer trips seemed
to improve his health, but two weeks ago, he was attacked by la grippe and
since that time slowly sank, until death claim him. The attack of la
grippe was followed by an attack of heart disease. On Friday his condition
became alarming, and although he had the best of attention, it was to no
avail. He was born in Hall County GA Dec 16, 1842, and was 66 years old at
the time of his death. (1908). He leaves a wife, and several children to
mourn his death. The funeral was held from the family u residence on
Monday afternoon at 4 o'clock. The friends of the deceased will join this
paper in extending sympathy during this hour of bereavement.
New Home Baptist Church
The New Hope
Baptist Church in Freeland community in Western Johnson County held their
annual homecoming Sunday May 25, 1969 Other big ranches here were the
Cameron, Willingham and Pierce Ranches.
Clem Pierce owned 6,596 acres
along the Brazes River. He branded every calf he could find with his
initials, C.A.P. In this wild, unfenced land a calf without a brand could
be claimed by anyone. Pierce�s niece,
Ola Dell Pierce Jones (Clyde
Jones, deceased, was a cousin of Mrs. Crook), came down from Wichita Falls
for the homecoming.
She was the youngest child of George W. Pierce, brother of Clem, and when
George died the children were placed in different homes. Clem took little
Ola Dell. She said one of the
Negroes, called Snow Ball, played marbles with her. She learned to ride
the wild horses and would go all over the big ranch. which she said ran
clear to Bee Mountain. It joined the Mertz property on the south and east.
She said she inherited 150 acres from the ranch, and it was the land her
father originally homesteaded. She planned to visit the old Pierce family
cemetery Sunday afternoon. The Granther Lafons were probably the earliest
settlers in this community. The original loghouse on the Lafon place and
the Loghouse on the Pierce Ranch are both still standing.
Editors Note: Bertha Pierce was raised by my great grandfather LD
Pierce Sr. (Pegleg) Note also: the Pierce Log Cabin was torn down in 1997.
The Johnson County Historical Society wanted to save it but it was too far
destroyed by termites
By Viola Block
Johnson County History Book Page 257-258
reprinted with permission Oct 1998
Read the
full length New Hope article located on the GoatNeck Page
CLICK HERE
Clem PIERCE Household Male
Other Information:
Birth Year <1843>
Birthplace GA
Age 37
Occupation Farming
Marital Status M <Married> RaceW
<White> Head of Household Clem PIERCE RelationSelf Father's
BirthplaceSC Mother's Birthplace
GA hill county census
1880
Source Information:
Census Place Hill,
Texas
Child of Clemeth Pierce and Altha White is:
2 i. C.A4 White, born 1871. Notes for C.A
White: Although a natural illegitimate child by Clem Pierce and Mrs. Atha
White, Clem Pierce did fully adopt CA White on June 28, 1878. Altha White
Consented to Adoption-
Recorded Johnson County Adoptions Book R page 176
Children of Clemeth Pierce and Mollie L. Gordon
are:
i. Jessie4 Pierce, born November
05, 1882; died Feb 10, 1884. Buried in Pierce Cemetery GoatNeck Johnson County Tx.
(Photo of Headstone below)\
4 ii. Fannie Pierce, born Feb 1880.
Married Volney Robinson 04 Mar 1900 Johnson County
Texas (1900 Census) Volney Robins Birth: unknown Death: Feb.
5, 1925 buried Oakwood Cemetery no Headstone
Fanne PIERCE
Household Female
Other Information: Birth Year <1880> Birthplace
TX Age 1M Occupation Marital Status
S <Single> RaceW <White> Head of Household Clem
PIERCE RelationDau <Daughter> Father's BirthplaceGA Mother's
BirthplaceVA 1880 census hill county
Source Information: Census Place Hill,
Texas Family History Library Film1255311
1930 Census find them in Beaumont Texas name Valney Robinson
ame: Valney Robinson Event: Census Event Date: 1930 Event
Place: Beaumont, Jefferson, Texas Gender: Male Age: 54
Marital Status: Married Race: White Birthplace: Texas
Estimated Birth Year: 1876 Immigration Year: Relationship to
Head of Household: Head Father's Birthplace: Texas Mother's
Birthplace: Texas Enumeration District Number: 39 Family
Number: 203 Sheet Number and Letter: 9B Line Number: 66
NARA Publication: T626, roll 2362 Film Number: 2342096 Digital
Folder Number: 4547985 Image Number: 00407 Household Gender
Age Valney Robinson M 54 Spouse Fannie Robinson F 50
Death Volney 1953 No mention of Fannie Robinson Name: Volney
Robinson Death Date: 26 May 1953 Death Place: Beaumont,
Jefferson, Texas Gender: Male Race: White Death Age: 78
years 24 days Estimated Birth Date: Birth Date: 02 May 1875
Birthplace: Fort Worth, Texas Marital Status: Married Spouse's
Name: Father's Name: Volney Robinson Father's Birthplace:
Texas Mother's Name: Josephine Nunn Mother's Birthplace: Texas
Occupation: Retired Steel Worker Place of Residence: Beaumont,
Jefferson, Texas Cemetery: Forest Lawn Memorial Park Burial
Place: Beaumont, Texas Burial Date: 27 May 1953 Additional
Relatives: Film Number: 2113924 Digital Film Number: 4165499
Image Number: 2823 Reference Number: cn 25654
5 iii.
Willie Pierce Moore born Nov 1884 died Oct 24 1968 at age of 83
in Fort Worth Texas.
other census sheet June 7 1900 shows
June 1885 as birth
(Jan 2010 Found Death Certificate death
certificate states born 1886) ) Willie
Pierce Moore Daughter of Clem Abercrombie Pierce Willie Pierce, born November 1884
She was was a client of the Fireside Manor Nursing Home and
evidently owned a home at 3745 Bellaire Fort Worth Texas.
Willie Pierce Moore Residence: , Tarrant,
Texas 1920 Census Estimated Birth Year: 1886 Age: 34 Birthplace: Texas
Relationship to Head of Household: Wife Gender: Female Race: White
Marital Status: Married Father's Birthplace: Georgia Mother's
Birthplace: Virginia Film Number: 1821850 Digital Folder Number:
4391978 Image Number: 00020 Sheet Number: 8 Household Gender
Age Spouse James Woodson Moore M 35y est. birth year 1885
Father's Birthplace:
Missouri Mother's
Birthplace: Missouri wife Willie Pierce Moore F 34y
Name: Willie Moore Event: Census Event Date: 1930
Event Place: Fort Worth, Tarrant, Texas Gender: Female Age: 45 Marital
Status: Married Race: White Birthplace: Texas Estimated Birth Year: 1885
Immigration Year: Relationship to Head of Household: Wife Father's
Birthplace: Georgia Mother's Birthplace: Virginia Enumeration District
Number: 31 Family Number: 73 Sheet Number and Letter: 4A Line Number: 35
NARA Publication: T626, roll 2393 Film Number: 2342127 Digital Folder
Number: 4547372 Image Number: 00883 HouseholdGenderAge Spouse
James W Moore M 46 Willie Moore F 4
James W Moore Event: Census Event Date: 1930 Event
Place: Fort Worth, Tarrant, Texas Gender: Male Age: 46 Marital Status:
Married Race: White Birthplace: Missouri Estimated Birth Year: 1884
Immigration Year: Relationship to Head of Household: Head Father's
Birthplace: United States Mother's Birthplace: United States Enumeration
District Number: 31 Family Number: 73 Sheet Number and Letter: 4A Line
Number: 34 NARA Publication: T626, roll 2393 Film Number: 2342127
Digital Folder Number: 4547372 Image Number: 00883 HouseholdGenderAge
James W Moore M 46 Spouse
Willie Moore F 45
IV. Moss Pierce, Daughter born November 1886.
Mossie Pierce Cowley clems daugher
Name: Ellie Mossye Cowley
Birth Date: 24 Nov 1887 Birthplace: Johnson Co Texas Death Date:
17 Jun 1975
Married Josiah P Cowley
1. son Josiah Paul Jr.
Cowley Event Date: 02 Mar 1936 Event Place: Denton, Texas
I am looking for descendants
of this Mossie Pierce to contact me 800 398 5127
hillcrest cemetery bell
texas
Ellis Moss Cowley No date No date 2 7
J Paul Cowley 12/21/1885 2/4/1956 2 7
John P Cowley Prefix: Suffix: Event:
Marriage Event Date: 03 Sep 1960 Event Place: Alameda, California
Gender: Male Age: 24 Estimated Birth Year: 1936 Spouse: Julia A
Mulholand Spouse's Prefix: Spouse's Suffix: Spouse's Age: 19 Spouse's
Estimated Birth Year: 1941
LD,
Mossye Pierce Cowley�s son Josiah,
Jr. was born in 1936.
I was hoping that he
was still alive so you could contact him. But it appears not:
Social Security Death Index
Name: Josiah P. Cowley
Last Residence: 26719 Fort Ashby, Mineral, West
Virginia
Born: 2 Mar 1936
Died: 12 Oct 2009
State (Year) SSN issued: Railroad Board (Issued Through)
(Before 1951)
It looks like he may have moved
around a lot (since he died in WV) � probably because
he worked for the railroad. On
WhitePages.com, it looks like he had a recent residence
in Antlers, Pushmataha Co., OK.
He may have some children in that area. He also
appears to have lived in Powderly,
Lamar Co., TX in the 1990s.
If you�re interested to find some
of his family, you might try contacting Cowley�s in
Lamar Co., TX and Pushmataha Co.,
OK. They are not far apart.
Josiah P. Cowley, Jr. had at least one
child:
Texas Birth Index, 1903-1997
======================
Name: Brenda Gail Cowley
Date of Birth: 1 Dec 1961
Gender: Female
Birth County: Brazoria
Father's Name: Josiah Paul Cowley
Mother's Name: Julia Alora Stokes
Roll Number: 1961_0004
In the Texas Marriages, I found a
Brenda G Cowley married to a Jonathan Pauley �
but the age is wrong �
b. 1956. I think this one is Brenda Gwen Cowley born in Howard Co.,
TX.
So I can�t find a TX marriage for this Brenda Gail Cowley.
I searched WhitePages.com for Brenda
Cowley and for
Josiah, Jr.�s wife Julia Cowley, but
don�t see any that are obvious possibilities.
Dan
Read the
full length New Hope article located on the GoatNeck Page
CLICK HERE
Mollie PIERCE Household Female
Other Information:
Birth Year <1861>
Birthplace VA
Age 19
Occupation K. House
Marital Status M <Married> RaceW
<White> Head of Household Clem PIERCE RelationWife Father's
BirthplaceVA Mother's BirthplaceVA
Source Information:
Census Place Hill,
Texas Family History Library Film1255311 NA Film NumberT9-1311 Page
Number389A Shellingberg, John 17 Jun 1900 Pierce, Annie 10 384
1860 hill county tx census
Household:
Name |
Relation |
Marital Status |
Gender |
Race |
Age |
Birthplace |
Occupation |
Father's Birthplace |
Mother's Birthplace |
Clem PIERCE |
Self |
M |
Male |
W |
37 |
GA |
Farming |
SC |
GA |
Mollie PIERCE |
Wife |
M |
Female |
W |
19 |
VA |
K. House |
VA |
VA |
Fanne PIERCE |
Dau |
S |
Female |
W |
1M |
TX |
|
GA |
VA |
Dvek LEFLER |
Other |
S |
Male |
W |
22 |
VA |
Farm Worker |
VA |
VA
|
The Southwestern Reporter
By West Publishing Company
(Court of Criminal Appeals of Texas. April
20, 1898.)
Criminal Law�Trial�Continuance
� Absence
Of Witnesses�Accomplice�Trial�Admission
or
Evidence�Harmless
Error�Nkw�kiau
having the process Issued
earlier, but appellant allowed about six weeks
to elapse after his arrest under the indictment
before
SHAW v. STATE.
re the
use of any diligence to secure these witnesses.
If they were In Hill county, the use of proper
diligence might have secured their attendance,
or, If not, the process could have been
returned, and appellant would then have had time
to have Informed himself as to the whereabouts
of said witnesses, and procure process to such
county for them. Process for the witness Ginn
was not issued until the 1st of January, and the
application showed that it had not been returned
at the time the cause was called for trial. No
excuse is shown for the failure to sue out this
process earlier. It Is not shown when the
process was issued for the witnesses who resided
in Johnson county, nor is It shown when the same
was returned. It was shown that they were
served, but were absent when the case was called
for trial. Appellant should have immediately
sued out additional process, and by this means
he might have secured their attendance at the
trial. We do not believe the diligence used for
any of said witnesses was sufficie
having the process Issued earlier, but appellant
allowed about six weeks to elapse after his
arrest under the indictment before the use of
any diligence to secure these witnesses. If they
were In Hill county, the use of proper diligence
nilglH have secured their attendance, or, If
not, the process could have been returned, and
appellant would then have had time to have
Informed himself as to the whereabouts of said
witnesses, and procure process to such county
for them. Process for the witness Ginn was not
issued until the 1st of January, and the
application showed that it had not been returned
at the time the cause was called for trial. No
excuse is shown for the failure to sue out this
process earlier. It Is not shown when the
process was issued for the witnesses who resided
in Johnson county, nor is It shown when the same
was returned. It was shown that they were
served, but were absent when the case was called
for trial. Appellant should have immediately
sued out additional process, and by this means
he might have secured their attendance at the
trial. We do not believe the diligence used for
any of said witnesses was sufficient.
It Is alleged that appellant expected to prove
by the witnesses Gipson that they saw one A. R.
Ginn riding in company with Lee Wilson in
Clem Pierce's pasture, between 9 and 10
o'clock on the day of the homicide, and that
appellant was not in company with said parties,
and further expected to prove by them that said
parties owned horses shod with a "cork shoe" on
one foot, and a smooth shoe on the other. This
statement Is touched in very general terms.
There were several pastures belonging to
Clem Pierce, and it was not stated In
which pasture they were. The state's proof
showed that the homicide occurred In the Jungle
pasture, and the proof is beyond any question
that Ginn left the ranch about 8 o'clock, In a
wagon containing some beef, en route to
Cleburne, some 17 or 18 miles northeast. This
was not only sworn to by Ginn, but by Mrs.
Grain. There is also testimony of other
witnesses showing that he reached Cleburne about
12 o'clock that day, and remained there the
balance of the day and night, returning to
Clem Plerce's pasture the next day. The
fact that said parties may have owned horses
shod with a cork shoe on one foot, and a smooth
shoe on the other, does not, in the light of the
state's testimony, signify anything. If it be
conceded that the statement here shows a horse
shod similar to the tracks of the one found in
the pasture, then it is entirely consistent with
the state's case; for, unquestionably, Lee
Wilson was in the jungle pasture on that day,
and participated in the homicide, and either he
or appellant rode a horse shod in that manner.
As to the testimony of George Ginn, by whom it
was expected to prove the bad character of A. R.
Ginn, the state's witness,
for truth, It Is sufflcienOo вау that a
continuance will not ordinarily be granted for
character witnesses. No evidence as to this
matter was offered at all by the appellant,
though the witness had lived In that
neighborhood for some time. If his reputation
was bad, It Is singular that but one witness
existed by whom such fact could be proved, and
that he lived in a distant county.
As to the testimony of Mrs. Masengale, her
evidence would not have been relevant, as the
state offered no testimony of bloodstains on the
clothing of appellant.
Nor would the testimony of Nobles have been
relevant. The fact that he saw tracks apparently
made by a No. 9 or 10 shoe near where the dead
body was found would harmonize with the state's
testimony. Moreover, the state made no issue as
to this matter. The number of the boots or shoes
worn by the appellant or Wilson was not shown by
any evidence.
Appellant stated that he expected to prove by
Mrs. Fitzgerald that Mrs. Grain told her at some
time (though the time is not stated) that, on
the day of the homicide, appellant was absent
from the house but a short time. This statement
does not raise any issue. The length of time Is
not stated. The fact Is that, when we look at
the record in this case, the surprise is that he
was absent from the house on that day such a
short time to have committed the homicide in the
manner it is shown to have been accomplished. At
the most, this was merely impeaching evidence,
and a continuance will not ordinarily be granted
for this character of testimony.
We have carefully exfliuined the application for
a continuance, and, in our opinion, it does not
show diligence; nor, when taken In connection
with the testimony adduced, does it appear to us
to show that the absent testimony was material,
and the court did not err in overruling the
application for a continuance.
Appellant made a motion for a severance between
himself and one Lee Wilson, who he alleged was
indicted for the same offense. We quote said
motion as follows: "Now, at this time, comes
John B. Shaw, defendant in the above-entitled
cause, and files this his affidavit in writing,
and states to the court that one Lee Wilson is
indicted for the crime of murder, which Is the
same offense charged against this defendant, by
a separate indictment In this court, and that
said defendant believes that the evidence of the
said Lee Wilson is material to his defense, aud
that affiant verily believes that there is not
sufficient evidence against the said Lee Wilson
to secure his conviction," etc. The court
overruled this application, and appended thereto
the following explanation, to wit: "That, when
the motion to place Lee Wilson on tria.1 was
first made by the defendant Shaw, said Wilson's
attorneys objected, and asked that they have
time to file a motion to first put
Shaw on trial, and, while they
were preparing said motion, the
prosecuting attorney (Udell)
stated to the court that the
state would use Wilson as a
witness. The court then
overruled the defendant Shaw's
motion to have Wilson first
tried, and Wilson was used as a
witness by the state, and was
afterwards (at the present term)
tried and convicted, and has not
appealed from a verdict of
murder In the first degree and
life sentence. To all of this,
appellant reserved his bill of
exceptions, and has assigned
this action of the court as
error." If Wilson had prepared a
counter affidavit, requesting
the court to first try
appellant. In order that he
might avail himself of his
testimony, under article 707,
Code Cr. Proc. 1805, then it
would have been optional with
the judge to have made his
selection as to whom he would
first place on trial. But this
was not done. Instead thereof,
the motion was overruled on the
assurance of the district
attorney that he would place
Wilson on the stand as a witness
for the state. Under the
statute, which has been held
mandatory (see King v. State
[Tex. Cr. App.] 34 S. W. 282;
Willey v. State. 22 Tex. App.
408, 3 S. W. 570). appellant had
the right to insist upon Wilson
being tried first, he making the
proper affidavit for that
purpose. It was no response to
his motion that Wilson would be
placed on the stand as a
witness. He had a right to have
Wilson tried first, and, If
acquitted, he might use him as a
witness, unburdened by the
pending prosecution against
him,�a right for him to testify
as any other citizen, free from
the particular charge, he being
acquitted thereof, and not
testify under a cloud, and
perhaps believing that, by
testifying strongly against tbe
appellant. It would go easier
with him in his case. But
concede that there was error in
overruling the motion to sever,
still, we cannot imagine, under
the facts of this case, how a
reversal upon that ground should
be awarded appellant. The
explanation to the bill shows
that Lee Wilson was tried at
that term of the court,
convicted of murder in the first
degree, and sentenced to the
penitentiary for life, without
any appeal. Now, if we should
reverse the judgment, it Is
evident that the appellant could
never use Wilson as a witness.
Again, if we look to the record,
eliminating Wilson's own
testimony, we are firmly
convinced that if he had been
placed on trial first, according
to the request of the appellant,
he would have been convicted,
and appellant would never have
secured his testimony in any
shape. So. it occurs to us that
the application here made was
not made in good faith to secure
the testimony of this witness,
but was made for the sinister
purpose of depriving the state
of the use of his testimony on
the trial by conviction; and we
do not understand the statute to
mean this. We would not be
understood as holding that, when
the statute is complied with,
the court has any option in the
matter. but it It the court's
duty to grant the sever
ance; but we do hold that,
whatever may have been the error
of the court below in refusing
the severance, a reversal of
this case on that account can be
of no possible benefit to the
appellant, as he can never avail
himself of the testimony of his
co-defendant. We would further
observe in this connection that,
while a severance under this
article le a matter of right,
the statute should be strictly
complied with. The statute
requires appellant to state In
his affidavit, as a matter of
positive averment, that the
testimony of his co-defendant
will be material to his defense.
This was not done. The affidavit
merely stated that he believed
the testimony of said Wilson
would be material to his
defense.
Appellant assigns as error the
action of the court in admitting
certain testimony as to the
finding of a pair of boots at
the barn of Clem Pierce,
near his residence In
Cleburne, some time after the
alleged homicide. While an
objection to this testimony
should have been sustained, as
Its relevancy nowhere appears,
still we fail to see how it
could possibly have affected the
defendant injuriously.
Appellant also objected to
certain witnesses, while on the
stand, at the request of the
district Attorney, going to the
window, and looking out, stating
that they recognized the three
horses said to have been ridden
by the parties at the time of
the homicide. And in that
connection it is stated that
some of the jury could also look
out of the window, and see the
horses. These horses were
thoroughly identified by other
witnesses as being the horses
ridden by the parties at the
time of the homicide. It may
have been somewhat Irregular for
the witnesses to testify in the
manner they did, that they saw
certa In horses hitched in the
court-house yard, which they
identified as being the horses
whose tracks they had previously
measured and compared. But we
make the same observation with
reference to this matter as
above,�that we fall to see how
the testimony could work any
Injury to the appellant. The
mere fact that they saw certain
horses within view, and
recognized them as the horses
whose tracks they had measured
and compared, was harmless.
We have carefully examined the
record, and it establishes the
guilt of the defendant beyond
any question. Lee Wilson, the
accom- ! plice. testified
positively and directly to the
facts attending the killing, and
even if we eliminate his
testimony, and consider the case
solely upon the circumstantial
evidence, the guilt of the
defendant is established with
that degree of certainty
required by the rules regulating
that character of testimony. The
circumstances inherently leave
no hypothesis consistent with
appellant's innocence, but show
conclusively and to a moral
certainty that appellant, with
his companion Lee Wilson, and no
other persons, committed the
murder. The record before us
shows a most atrocious murder,
rarely equaled in the annals
of any country. The only motive assigned is that
appellant coveted the wife of Grain, the
deceased. He was the manager of Pierce's ranch;
and the deceased, his wife and three small
children, were living on the premises, the
appellant boarding with them. According to his
own account, he was having a liaison with Mrs.
Grain, but, not content with this, sought to
have her entirely to himself by putting her
husband out of the way. We gather from the
testimony that he had been brooding over tills
matter for some time, for evidently Lee Wilson
came to the ranch, stayed all night on the 1st
of November, to be in readiness on the morning
of the 2d, in pursuance of a conspiracy. Wilson
went to the woods, and stationed himself, while
appellant hied to the field, where the deceased
was engaged in picking cotton, and there decoyed
or forced him to mount his horse, and accompany
him to the point where Wilson was in waiting.
There these parties, armed, forced the deceased
to go Into я thickly-wooded pasture (as
significant of Its character, it is called the
"Jungle Pasture"); and thence the testimony
shows that they forced him along the canyon, and
to a remote and thicketed portion of the same.
En route, appellant cursed and abused him, anij
told him that he Intended to kill him. Twice
deceased attempted to escape, but they pursued
and overtook him. Appellant shot him in the
back. He fell from his horse. The parties got
down, and put him on his horse again; and, when
he had proceeded into a dense thicket, appellant
again shot him twice with the Winchester. Not
content with this, after he had fallen upon the
ground, he broke his skull In five or six places
with his gun. The parties then separated, Wilson
taking a circuitous route back to Cleburne, and
appellant returning to the home of the deceased,
and then coolly sitting down with the family,
and eating dinner. As stated above, few cases
equal this in horror, and none surpass it. King
David, when he sacrificed Uriah. In order to
possess himself of his wife, placed him In the
front of the battle. He was armed, and had some
chance for his life; and, If he fell, he would
at least perish honorably, In the defense of his
country. But here, instigated by the same
character of motive, appellant gave his victim
no opportunity whatever. He forced or decoyed
him from his labor in the field Into the jungle,
there not to engage In equal combat, but
re-enforced by another, with gun and pistol, set
upon and shot him to death, unarmed and
helpless, and while fleeing for his life. In our
opinion, no punishment can be too severe for one
who, after having claimed to have debauched the
wife, decoys her husband into a jungle, and
murders him In the brutal and cowardly manner
disclosed in this record. The jury simply did
their duty in visiting upon him the highest
penalty of the law. We find no error In the
record requiring a reversal of the judgment, and
It Is accordingly affirmed.
AUSTIN DAM & S. RY. CO. т. GOLDSTEIN.
(Court of Civil Appeals of Texas. May 4,
1898.)
Goat Neck Map By Herbert Blackstock
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