I ASSIST IN ESTABLISHING THE MASONIC INSTITUTE.
In conjunction with some members of the Masonic Lodge, we conceived the
idea of creating a Masonic Institute, a school of high grade, which was
very much needed. I was appointed chairman of the building committee. I
went to work actively, in conjunction with the committee, and raised
means by private subscription, which enabled us to go to work, building
at once. When trustees were elected I was made a member of the Board of
Trustees and on the organization of the faculty, we elected a Scotchman,
one Professor John Joss, believing that he would prove a good
disciplinarian. He had a great reputation as a teacher. There were some
bad boys in the community and in the language of Judge Guinn, who was a
member of the board, “We needed somebody to use the rod to straighten
out these bad characters.” In this, however, we were mistaken; Professor
Joss did not use the rod, but only kindness, commanding the respect of
the entire school, including these bad boys, on account of his great
knowledge and manner of imparting instruction. He was a most popular
teacher, beloved by all who came in contact with him, and he built up a
large and popular school, which turned out such men as Governor Hogg and
Governor Campbell and no less than a dozen eminent lawyers and
physicians known all over the State. I regret to have to report that, in
the course of four or five years, on account of delicate health, Joss
was forced to give up the school and move to Galveston, where he died.
The town of Rusk, being left out by the International & Great Northern
Railroad, caused us to haul freight fifteen miles, over mountains and
bad roads. I began to plan railroad connection for the town and
conceived the idea of building a tap road, though unfamiliar with
railroad business and especially the cost of a road.
In accordance with my plans, I called a meeting of the business men,
submitting the same, which was to build a narrow gauge road from
Jacksonville to Rusk, getting a charter with a State land donation of
sixteen sections to the mile, which policy had been adopted by the State
to encourage the building of railroads. In accordance therewith, we
instructed Judge James E. Dillard, who was our Senator from that
district, then attending the Legislature in session, to procure the
necessary legislation and had him draw up a charter for the Rusk tap
road. The bill covering the same he immediately introduced. I told my
Rusk friends that with the aid of sixteen sections to the mile, and a
further bonus of twenty-five thousand dollars in cash, which we believed
could be raised in the town, we could induce Ward, Dewey & Company,
lessees of the penitentiary, to accept these assets and build the road,
as they had several thousand convicts to feed and had no use for them.
While these matters were pending and the International Railroad had been
extended to Rockdale, I concluded to visit Rockdale, prospecting for a
new business location.
On this trip to Rockdale, I met Ira M. Evans, the Secretary of the
International Railroad Company, and submitted my plan of building a tap
road, suggesting that perhaps his company might be induced to take hold
of it, for the subsidy of the State land donation and the twenty-five
thousand dollars in cash. He laughed at the idea, saying that they could
not afford to run the road for its earnings, if we were able to build a
first-class connection. He said our community would not be able to raise
one-tenth of its cost and soon convinced me that it would be cheaper to
move the whole town of Rusk to Jacksonville, than it would be to build a
first-class road. I then submitted that, if we were unable to build a
railroad, why not build a tramway, which would be within the bounds of
our means and a vast improvement on the wagon road. He readily fell into
my scheme, suggested that it was feasible, even with wooden rails, and
that we had plenty of pine timber, the heart of which could be bought
cheap and would make good, durable rails, amply strong, provided we
would place ties eighteen or twenty inches apart.
I now asked him, he being a practical railroad man, to submit a
specification on the grade, ties and rails, which he was pleased to do,
and suggested that we change the charter we had had introduced, to that
of the Rusk Tramway.
Immediately on my return to Rusk, I called a meeting of the business men
and leading citizens and submitted the plan for the Rusk Tramway, having
no difficulty in convincing them that we were unable to build a
railroad. A committee, appointed by the meeting, was instructed to
communicate to Senator Dillard our desire to change the charter to that
of the Rusk Tramway, which he did, and included a clause granting eight
sections to the mile.
After having established my business and a good credit in commercial
circles, I decided that in mercantile pursuits I was too much
circumscribed on account of existing conditions.
The bottom lands in Cherokee County were then the only productive lands
for cotton and, as the uplands were light and largely worn out, and as I
had a good knowledge of the prairie country around Waxahachie, where I
had spent several years of my boyhood, I decided that this would be a
better section of the State to build up in, and arranged my matters to
make this move within the next twelve months.
When the charter for the tramway was returned, they proceeded to
organize and elected a Rev. Davis, a very influential and good business
man of the community, president of the company, after my having refused
the same, on the ground that I did not feel permanently located,
expecting to make a move to Waxahachie as soon as possible. Rev. Davis
proved a valuable man for the position and immediately went to work
canvassing the territory tributary to Rusk, for the sale of stock, which
he succeeded in doing, to a limited extent and, by my advice, they
commenced negotiations with Ward, Dewey & Company, lessees of the
penitentiary, for the construction of the road. As heretofore stated,
these people had a large force of convicts which they had to feed, and
no work for them. The country subscriptions, which Rev. Davis secured,
were paid in provisions and forage by the farmers, which enabled the
company to feed the convicts while at work. After a time, I arranged to
move to Waxahachie and soon after I left Rusk. Ward, Dewey & Company
went to work on the construction of the road and before its completion
it was decided to use a little four-ton Porter-Allen locomotive, in
place of mules.
I forgot to mention, after submitting my plan for a railroad, Judge
Dillard came home on a visit to his sick wife and while spending a few
days at Rusk, had a meeting of the business men, which numbered only
seven or eight, in Captain Barron’s office. He submitted that the
Legislature had decided to branch the penitentiary in Eastern Texas in
the iron region, which was supposed to be near Jefferson, at Kellyville;
a Mr. Kelly having demonstrated the existence of good iron ore in that
section, manufacturing plows, andirons, chimney backs, etc., the same as
Mr. Philleo had done in Cherokee County, but Dillard said, “Now, if you
all want the penitentiary located here, I believe I can secure it for
you.”
One after another of these gentlemen got up and stated their serious
objections, saying they had one of the best and most moral communities
in the State of Texas and would not give up their school prospect for
the penitentiary. I suggested to them, saying, “You know I am making my
arrangements to leave here, because I do not see any prospect for future
growth of the place, but, gentlemen, now is your time; you have been
talking unlimited iron in the ground, of the highest quality, but it
will have to be demonstrated to private capital that it is here in
unlimited amount and high quality before you can ever hope to induce
private capital to expend the amount necessary for such demonstration.
There is no question in my mind that this iron, if you are correct in
your claims as to its quality and amount, will prove the greatest
resource of wealth, far greater than your farming interests. Locate the
penitentiary here; the State will be forced to develop it and
immediately build you a railroad connection to Jacksonville.” After a
full and fair investigation by this meeting they became enthusiastic and
instructed Dillard to go for it.
To secure the location of Rusk for the penitentiary, it was necessary to
canvass its advantages with the Legislature and especially take charge
of a committee appointed by the Legislature to select a location, which
required a great deal of time and ability, and, with the assistance and
influence of friends of Dillard, who was one of the most popular men in
the State Senate, they finally succeeded in landing the decision of the
Legislature to build their branch penitentiary at Rusk.
On the withdrawal of the Federal troops and the dissolution of the
Freedmen’s Bureau, E. J. Davis was appointed Temporary Governor of
Texas, until an election could be had for his successor. The election
was held in due time, resulting in a Radical Republican Legislature,
composed of some of the meanest men in the State and a few negroes, with
E. J. Davis elected his own successor and the solid white element of the
State disfranchised. They took charge and commenced an era of plunder. I
do not believe there were more than a half dozen good men, including
Judge Dillard and Professor J. R. Cole, members of this Legislature, but
these did everything they could with the risk of being assassinated, to
stem the drift of plunder.
Davis soon organized a State Militia and a State Police Force,
stationing them in populous negro districts, formerly occupied by United
States troops and Freedmen’s Bureau, all under the leadership of
Adjutant-General Davidson, who was as unscrupulous a character on graft
as any man ever in public office. He arrested leading citizens in
different sections of the State, without charges being preferred against
them, as they had not committed any unlawful acts, and demanded large
sums of money as ransoms. One case was notable—that of a wealthy farmer
near Hillsboro, a Mr. Gathwright, whom he made pay ten thousand dollars
for his release.
We had stationed at Rusk a lieutenant-sheriff, with his police, who was
a great friend of Judge Priest and whose daughter he courted and finally
married.
A Captain McAnally, who commanded a Confederate Scout in Texas during
the war and had proven a gallant soldier in the army, was appointed by
Davis, captain of police, and his acceptance urged by his friends,
thinking it would be for the best interests to have him command a
company of police, than any of the Radical gang. He was finally induced
to accept the appointment. His home was at Brenham. He was instructed by
the Governor to proceed to Huntsville and await the orders of the
District Court, presided over by the infamous Judge Burnett. While court
was in session, three young men were arrested by McAnally for whipping a
few insolent negroes who had insulted some young ladies on the street
returning home from a shopping tour. These young men were taken before
Judge Burnett, with arms concealed about their person. The judge called
McAnally up to his bench and whispered his order to him, “Take these men
to the penitentiary, but be careful, I suspect they are armed, and hold
up the execution of this order until I can get to my hotel.” Soon after
the judge left his bench for the hotel, McAnally demanded of these young
men to throw up their hands, when they immediately drew their
six-shooters and commenced shooting at him and his gang of police,
shooting their way out of the courthouse, wounding McAnally in the arm
and he dropped between some benches, pretending he was dead. This was,
no doubt, what saved him. Judge Burnett had not quite reached his hotel
when he heard the guns fire, broke into a run and crawled under the
hotel. These young men, after shooting their way out, mounted horses and
started north for the Indian Territory, by way of Rusk and Paris, with
McAnally and his police in close pursuit.
Arriving at Rusk he commanded Lieutenant Sheriff and party to join him
in this pursuit, which they did. On parting, on this trip, with his
sweetheart, Miss Lou Priest, Sheriff told her where he was going with
McAnally and on their return, they were going to arrest Mr. Graber. The
whole Priest family being good friends of ours and Miss Lou’s sister,
the wife of my friend, Judge Wilson, she immediately went over to Judge
Wilson’s and imparted this information about my contemplated arrest.
Judge Wilson came over to town and had a meeting of a few of the leading
lawyers of the place, notably the Bonners, Judge R. H. Guinn and Judge
J. E. Dillard, who after canvassing the matter, decided that the object
of my arrest was altogether political. They were expecting to make great
capital out of it for the necessity of continuing their Radical regime.
Satisfied that they might manufacture evidence to convict me in a
Radical court, these friends advised that I had better go into exile
again, thereby probably saving my life. I told them to tell me what to
do in order to stay, for I had done all the running I ever expected to
do. I was satisfied this police had no legal authority for my arrest, as
I had never violated any civil law and I could not afford, in justice to
my family, my friends and my creditors, to again have my business
wrecked.
When these friends found that I was determined not to be arrested by
this infamous police and in order to be doubly sure, they advised me to
go down to Austin County and investigate the records and know positively
that this police had no authority for my arrest.
On leaving for this trip, armed with a letter from Colonel T. R. Bonner
to Judge J. D. Giddings, whom they suggested I call on for advice in the
matter, and leaving a message for Lieutenant Sheriff, that I had gone on
a trip for a week or ten days and promptly on my return I would report
to him, I left for Austin County.
Passing through Anderson, I conferred with Hannibal Boone, who suggested
there was no necessity for my going to Austin County, where he was
living at the time I had trouble with the soldiers. He said that there
could be no case against me, as I had violated no civil law and my
dealings were altogether with the military. Stopping at Brenham, in my
conference with Judge Giddings, he became very much exercised on the
threatened arrest of myself and said, “Mr. Graber, go back home; resist
their arrest in the most effective manner. It is time we were calling a
halt on this infamous police system; resist them, and the whole State of
Texas will be at your back.” I said, “Judge Giddings, I thank you for
the advice; it is exactly my feeling and determination not to submit,
peacefully, to this arrest.”
Being so close to the town of Bellville, I decided to finish my trip,
went there and called on Hunt & Holland, leading attorneys, who repeated
Judge Giddings’ advice. I now returned home and immediately sent word to
Lieutenant Sheriff that I could be seen at my place of business at any
time he wanted me.
I returned at night and next morning proceeded up to my store, sent word
to Mr. R. B. Reagan, a brother of Judge John H. Reagan, a man of iron
nerve, the sheriff of the county, to come up to the store at once. On
reaching there I told him that Lieutenant Sheriff, with his police, had
threatened to arrest me, that I had just returned from Austin County and
had investigated, finding that they had no authority or warrant for my
arrest and I claimed his protection. He said, “Mr. Graber, load up your
shotguns in your stock, set them behind your door and when they come to
effect your arrest, open on them and I and John and George, will be
about.” John Reagan was his deputy and a George Taylor, another deputy,
all men as fearless and resolute as any set of men ever together, with
nerve to fight a hundred police. In about an hour I noticed Lieutenant
Sheriff coming up the south side of the square, by himself, apparently
unarmed. I met him in my door, when he said, “Mr. Graber, Miss Lou
Priest told me that you had some very nice gentlemen’s hats.” I told him
I had; he told me he wanted to look at some. I got down a box of hats
from the top shelf and allowed him to select his hat out of the box, the
size he needed, treating him indifferently. He got out his number, put
it on his head and stepped up to a glass suspended on the shelf, passing
between the counters. Looking at the hat in the glass he said, “I
believe this becomes me pretty well; what is it worth?” I told him,
“Five dollars.” When he turned around to walk from behind the counter,
he espied the shotguns behind the door. I noticed it seemed to affect
him a little but he soon recovered, paid me the money and left the
store, saying, “A fine day today,” and this finally settled my trouble.
He evidently came there with the intention of spying out the situation
before attempting my arrest. When he left the house he noticed Sheriff
Reagan with his deputies near.
This ended my trouble. I felt I had conquered a peace which would be a
lasting one, as far as the military and our Radical Government were
concerned. This changed condition gave me a free hand to engage in
further enterprises and to rebuild my own fortune, as well as to work
toward the benefit of the community in which I made my home.