CHAPTER XXVIII

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.

The life record of H. W. Graber A Terry Texas Ranger, 1861-1865; sixty-two years in Texas · 第 28 / 40 章