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Fate Elder
Bud Elder
Jack Bailey
Daileyville
Helena
THE FRACAS AT DAILEYVILLE
William G. Butler may have believed that Fate Elder fired some of the shots in
Helena some 20 months earlier, when Fate was a Deputy. Fate had been appointed
Sheriff upon the death of Edgar Leary.
They were on opposite sides in this election, concerning whether saloons should be allowed
in Precinct 4 in the south part of the county.(15) We believe that the Butler family was "wet," and the Elder family "dry."
Throughout this writing, "WGB" means William Green Butler, Bill Butler.
WGB believed that the Sheriff was harassing the Butler family, in a case where Newton
Butler had recently assaulted a man in a restaurant. F. R. Graves testified
at the inquest:
"I went with Fate Elder to the election. I did not at any time hear him mention that
he thought there would be any trouble there. He had seen the man that Newt Butler
was accused of hitting at the restaurant, and said he wondered how Bill Butler had heard
that he had anything to do with trying to get the man to bring a civil suit against Newt,
as he had not heard about or mentioned such a suit until he heard that Bill Butler had
charged him with it. He then remarked that if Butler was at the election, he was not
going to say a word to him about it. I got him to promise
to never say anything about it."
Dr. S. G. Dailey testified at the inquest that "the Elders and the Butlers were sooner or
later going to have a difficulty, because the Elders were so abusive toward them that a fight
would be the result of it."
William H. Ammons told his daughter-in-law, and she told her son, the author, that the
Elders were "mean."
The feud had been running seriously for some time.
The deadly one-sided affair occurred on Monday September 6, 1886. This tragic
incident was a Shooting and not a Shoot-Out.
The story presented here is based on the sworn testimony given in the Justice
of the Peace Inquest.
The statements were taken under oath in the first few days after the episode.
Some of the common points among the witnesses are:
"There was a lot of gunsmoke. I couldn't see anything."
"I couldn't see whether it was a pistol or a rifle."
The ranch hands seemed to give some rehearsed and self-serving testimony:
"We all left our firearms on the ground at the ranch. I didn't see anything or
do anything."
It was a local option Election Day. Firearms were not allowed in any town on Election
Day. Seven Butlers and ten Butler cowhands gathered around a "hack" or hackney buggy which
had three empty feed sacks on the floorboards, and two blankets on the seat. The hack was
owned and driven that morning by Andrew M. Nichols, a son-in-law of WGB. The horse was tied
to a tree south of the store and voting place.(8)
Two pistolero cowboys rode up, tied their horses, pulled their long rifles from the
scabbards, and walked to the hack with guns in hand. Juan Coy and Epitacio Garza were said
to be bodyguards for WGB, and were very proficient with their extra-long Winchesters. Pulling these
rifles was illegal.
Deputy Jack Bailey walked immediately out to the hack, and began talking with his
friend and schoolmate Newton Butler. Newton was married to the Sheriff's sister Mary Elder.
Bailey was unaware of the seriousness of the situation.
Sheriff Elder, with his red hair and long red beard, was seated at the front of the
store, whittling on wood. Seeing these two with rifles, Fate Elder strode briskly from the
front of the Dailey store toward the hack, just behind Bailey, putting up his whittling knife
as he walked. (8) He pulled his pistol and held it out in his right hand, and his attention
was on the Mexicans with the long rifles. Juan said "Stop," and then he said "Stop" again.
Elder said nothing. In about one minute, in a fierce outbreak of gunfire,
Sheriff Fate Elder, Deputy Bud Elder, and Henry Pullin lay dead. Hiram Pullin died a few hours
later, and Deputy Jack Bailey died the next day.(7)
Several men testified that the Mexicans started the shooting. Juan Coy fired on
Fate Elder, and advanced while firing again. According to testimony, Fate Elder then backed
around the hack, toward two mesquite trees, to avoid Juan Coy and his Winchester. Fate
snapped his pistol twice, but the bullets misfired. Then another man "advanced to the rear
and a little to the right of Elder, and placed his pistol within about four inches of the
right side of the back part of Sheriff Elder's head, and fired."(17) Elder's hat blew up
into the air, and Elder fell forward dead.(8) At the inquest, this man was said to be
18-year-old Sykes Butler. He was wearing a new broad-brim white hat.
Deputy Bud Elder was inside the voting place when he heard the first shots. He bounded quickly
out the front door with his pistol in his hand. Four men immediately began firing at him
with Winchesters from a distance. Garza and Coy had just wounded Sheriff Fate Elder with
their Winchesters, and at a timely moment Garza and Coy, with two others, were able to direct
their long-range rifle fire at Deputy Bud Elder. They succeeded in wounding him seriously.
"There were four men with Winchesters. As soon as Fate Elder fell, they all
commenced shooting at Bud Elder, who was just coming out of the door of the election room."(8)
From The San Antonio Daily Express:
"The Mexicans and others then began firing rapidly towards the door of the store where J. J. Elder,
deputy sheriff, is said to have come out. When J. J. Elder came to the door he saw Wm. G. Butler
coming out of a gate towards the front of the
store very near him, when he (Elder) opened fire on Butler, shooting at him twice before Butler
got in any shots; after which Elder and Butler advanced close upon each other and exchanged
several shots between them. Elder was killed and Butler was shot in one ear. Both had their
faces powder burnt. Butler fired four or five shots and Elder emptied his pistol. Elder had
six or eight balls to penetrate his person, and two, which glanced his body, made deep furrows.
It is the general supposition that Elder received a fatal wound from the rifle volley fired on him
from near the hack before he encountered Butler, as he was known to be a good shot with his pistol
and in good practice; hence his bad shooting. J. J. Elder fought to his death. After he was shot
to his knees, he still tried to work his pistol, although all the loads were gone, and he died
with his pistol cocked and his finger on the trigger."
Throughout this writing, "WGB" means William Green Butler, Bill Butler.
Some have speculated that WGB was deliberately waiting in the front yard of the Dailey home
to engage Deputy Bud Elder should he come out of the store. We do know that WGB was in that
yard for a long time, behind the front door of the store, and he carried an unauthorized pistol.
When the first shots were fired out near the hack, Butler went directly to the gate and rounded
the corner of the store.
WGB and the already-wounded Bud Elder were then in a man-to-man gunfight, shooting at each
other's heads. Elder got in two shots before Butler was able to fire his first one.
Elder was shot down to his knees by both the rifle fire and the pistol fire. He fired all
his bullets, but was not shooting well because he was in a dire condition.
After Elder's "loads were gone," from the phrase above, someone then walked up to Bud Elder
and shot him in the head at close range with a pistol.
Elder was later found to be shot with more bullets than WGB's revolver would hold, showing
that some of his wounds were from the rifle fire.
WGB was wounded in the right ear. Some people thought that WGB wore an iron breastplate
under his shirt, but this has not been verified.
Some had reported that young Bud Elder had said, some days earlier, that if ever there
were trouble, "he was going to go for the old man," 52-year-old William Green Butler.
Both Fate Elder and Bud Elder were administered the
coup de grace by pistol bullet to the head.
This final and fatal shot to the head was performed more often in the Southwest in that century
than we today want to hear about or think about.
When he realized how serious the situation was, Deputy Jack Bailey hastened away from the hack
with pistol in hand, and fled to the "safety" of the yard beside the store. "Poor Jack
Bailey took no part in the shooting, for he at once saw that the officers were overpowered
and had no earthly chance, as it is said at least 15 or 20 were shooting. He therefore
retired to the yard, where some unknown person, willfully and most cruelly shot him down,
and although he called out after being shot down, 'Don't shoot me again, I don't want to
hurt anyone,' the murderer cruelly shot him again, from the effects of which wounds
he died the next day."
There was no evidence or testimony that Bailey had fired his pistol.
Bailey fell wounded to the ground in the yard, which was on the east side of the store.
While he was flat on his back on the ground, his head to the east and his feet toward the
store, he called out pleadings to the shooter. Bailey was then deliberately shot twice
more. The fabric of his pants leg moved, the weeds moved, and dust flew up as these bullets
struck his knee.
Jack Bailey called out loudly to those who fired the last two shots at him. The following
testimony was given at the inquest:
From P. B. Butler: "Don't shoot me. I don't want to hurt anybody."
From Tom Pullin: "Don't shoot me, I had not done anything to be shot for."
From Charles Coleman: "Don't shoot me, don't shoot me."
From Tom Oliphant: "Don't shoot me. I never done nothing."
From Tom Oliphant: "O Lordy, O Lordy. Don't shoot me. I never done nothing."
From Tom Oliphant: "O Lordy, O Lordy. Don't shoot me. I never done anything."
'I heard Jack Bailey holler "Oh Lordie" and I looked and he was lying down in the yard.
I then heard another shot out near the hack and Jack said: "Don't shoot me. I never done
nothing." About the time I heard that shot, I thought I saw the dust fly out of Jack's
right pants leg. Jack was then lying with his feet toward the house, his head from
the house.'
'He was down on his back. He seemed to have just falled. I saw then the weeds and the
dust fly from his pants leg and his leg jumped as if he were shot. I at the same time
heard the report of a large gun in front of the store. I heard Jack repeating "O Lordy,
O Lordy, don't shoot me. I never done anything."
About the time I heard that shot, I thought I saw the dust fly out of Jack's right
pants leg.'
Bailey was wounded in the right leg, and his left knee was shattered. His left leg
was amputated by Dr. S. G. Dailey and Dr. Amos Graves on Tuesday. Bailey died shortly
after the operation.(8)
Dr. Amos Graves had been summoned from San Antonio by a telegram, to attend to Bailey
and Pullin. He arrived on a special SAAP train at about 1:00 am Tuesday, and amputated
Bailey's leg about 9:00 am.
As Jack Bailey lay dying Tuesday, several persons asked him who shot him, and he would
not say. His wife then asked him. He asked her to bring her ear down close
to his mouth, and he did whisper something to her. She never revealed what he said.
Jack Bailey did not fire a shot, but was nevertheless gunned down deliberately. He was
shot three or four times by unidentified persons.
Was Jack Bailey shot by the four men with Winchesters?
In regard to the direction in which Bud Elder was firing, "There is the most unimpeachable
evidence that neither Jack Bailey nor Hiram Pullin were in range of Bud Elder's pistol."
Alfonso (Ildefonso) Coy's testimony at the inquest reported that Deputy Jack Bailey had
harassed members of the Coy family, when Bailey went out on the ranches to conduct investigations.
This may possibly have irritated the Butler family. And it may have sealed Bailey's fate.
The Pullin brothers had been talking together while sitting on boxes at the gate to the
Dailey yard, adjacent to the store where the voting took place.(8)
Henry Pullin died instantly, and Hiram Pullin two days later.
Henry Pullin and Hiram Pullin were likely hit by stray shots from the four men with Winchesters, who were
shooting at Bud Elder.
Besides the two deceased Pullins, County Attorney F. R. Graves and Postmaster C. P. Dailey had
been caught in the crossfire. The type of wound to Graves has never been described.
Graves, Dailey, and the mysterious Blair were said to have been slightly wounded.(8)
Some witnesses mentioned "the Sheriff and his three deputies." That would be Bud Elder,
Jack Bailey, and Vivvy Barfield. The name of "Deputy Blair" is found only in the Beeville
Picayune, San Antonio Light, and San Antonio Daily Express. He was reported
slightly wounded, but NO ONE mentioned his name at the inquest. The words of the news item make it
appear that one reporter wrote the story, and he originated the mistake, and then two other reporters
copied him, continuing the mistake. (7)
We cannot identify Deputy Blair. He remains a mystery man.
One observer testified that Deputy V. O. Vivvy Barfield "went to Daileyville" with Bailey.
Barfield was married to the Sheriff's sister Sarah Elder.
In a 2-page typed report titled "Monday 6 September 1886 The Daileyville Difficulty," it is
reported that Deputy Vivvy Barfield stayed inside the store. This was good judgment on his part,
because "Discretion is the better part of Valor," as military historians often write.
Had Barfield gone outside, he surely would have been killed.
Barfield is said to have fired a shotgun from the front door, and in so doing he wounded
storekeeper Christopher Kit Dailey in the ankle, just as Dailey ran out the front door. Dailey
hurried back inside the store and (according to local legend) he jumped into a flour
barrel. In this version, he was covered with flour, and there was blood in the barrel.
However, in his testimony in the 1888 murder trial of Sykes Butler in Cuero, DeWitt
County, Dailey said that he shoved a sugar barrel away from the wall, and crouched down behind
this sugar barrel.
The author now writes this clarification in order to redeem the honor of the brave storekeeper.
Dailey limped for the rest of his life from his wound.
The fracas at Daileyville seems to have been well-planned and well-executed.
There may have been instructions to shoot the Sheriff and his Deputies.
Murder trial witnesses were called by the State "to prove a conspiracy to kill the Elders and Bailey."
Jury instructions in DeWitt county included the words "unless there was a previous agreement between defendant and those first firing."
All the cowhands testified that they had followed Newton Butler's instructions to
leave their weapons in a grove of trees on the ranch before riding to town.(8) The words
used about the grove of trees seem to be well-rehearsed and self-serving.
A full arsenal of illegal weapons appeared in Daileyville by Immaculate Conception.
There were four to six rifles, six to eight pistols, and a double-barrel shotgun.
Ranchers and cowhands gathered around the hack, lounged at the hack, and leaned against the hack.
Testimony shows that Andrew M. Nichols, son-in-law of WGB, drove the hack to town.
WGB, three of his brothers, two of his sons, one nephew, and ten of his cowhands were all in
Daileyville that day.
A close study of the 17 pages of testimony given at the Justice of the Peace inquest could
lead one to a certain theory, which is only the speculation of the author- - - Newton
Butler and his eight ranch-hands rode to a motte of trees on the ranch, just as they testified.
They all put their pistols and guns on the ground there, just as they testified. Seven of them
rode off toward Daileyville, just as they testified. Newton Butler and Eli Harrell stayed
behind, just as Eli testified. Andy Nichols drove his hack to the motte, which has never been
said before. The three men loaded all the arms into the hack. Newton and Eli
took a swig of whiskey from a hidden bottle, just as Eli testified, then galloped off to catch up with the
others, just as Eli testified. Andy Nichols made his way to Daileyville in his hack, with
a full supply of weapons hidden under three meal sacks. - - - End of paragraph of speculation.
Andy Nichols testified that he brought no firearms in his hack.
Before any shots were fired, several men heard comments to the effect: "Here comes trouble." "Let's get
out of here." "There's going to be trouble." "There is going to be some shooting here in a
few minutes." "Look yonder, they are going to shoot."(8)
County Attorney F. R. Graves testified: "I then noticed Fate with his
pistol raised rush toward the front of the hack and someone running after him pointing a
pistol at the back of his head. Fate seemed to be trying to shoot someone that was on the
southeast side of the hack. Just as Fate walked about half way between the two traces in
front of the hack I saw this man that was running after him put his pistol to the right
back part of Fate's head and fire and the shot made Fate's hat bounce up into the air and
Fate fell forward. I distinctly noticed how it was done but as I never expected that there
would be any mystery as to who did it, I did not notice particularly who - but I was
strangely impressed that it was Newt or Sykes Butler. But I think that is because I knew
they were there. So I do not know who the party was. But the person came from toward the
hack or near the hack on the west side. I thought at least he was coming from that direction
and I saw him with a pistol in his hand and his hand pointed out toward Fate's head and I saw
him fire the pistol when it did not look like the muzzle of it was more than 4 inches from
Fate's head."
James M. Nichols testified: "I raised up about that time and looked toward where the shots were
fired. I then saw Sykes Butler make two steps toward Fate Elder with his hand up. I did not
see whether there was a pistol in his hand or not but Fate had his back to Sykes and was going
from him. He was pretty close to him, his hand was not over three feet from Fate. There had
been two other shots fired. I then went to the back room and did not come out until the
shooting ceased. I saw Eli Harrold, Louis Cooper, and Epitacio Garcia with guns
(Winchester rifles) after the shooting."
When it was all over, the feed sacks were lying on the ground beside the hack.(8)
The two Mexicans walked to the fence to look down at Bailey in the yard, and stopped
again to look down at Fate Elder before leaving. It appeared that they were checking the
finality of their work.
Andrew M. Nichols testified that he came out of the store after the shooting, and said
that he shook hands with Epitacio Garza near the hack, while Garza was still holding his
Winchester.(8) Why did Nichols extend this unexpected courtesy to a killer
who was still holding his rifle ?
Some have speculated that WGB was deliberately waiting in the yard of the Dailey home
to engage Deputy Bud Elder should he come out of the store. We do know that WGB was in that
yard for a long time, behind the front door of the store, and carried an unauthorized pistol.
The Elder group may have suspected that trouble was coming. Deputy Barfield brought
his shotgun to a mere local option election concerning saloons. Sheriff Elder and Deputy
Bailey conferred for almost half an hour, after which Bailey moved his horse, with his
Winchester in its scabbard, to a different hitching place.
Testimony centered on whether Sheriff Elder had been able to get off just one shot.
That is, whether the pistol found at his feet had been fired once, or was found merely to be
cocked, or was found to have not been fired at all. There was conflicting testimony as to
the condition of the pistol. In the "honor system" of the Old West, if the Sheriff had
fired just once, it would justify the furious defensive fusillade of 75 shots
by nine or more persons who were not allowed to have firearms in town on Election Day.(14)
According to one account, 10 to 12 men were seen shooting. In Reference 17, it was 15 to 20 men shooting.
After carefully studying the testimony, the author believes that three Butlers (WGB, Sykes, Newton), two bodyguards with rifles (Juan Coy and Epitacio Garza), and four ranch hands with rifles (Louis Cooper, Eli Harrold, Will Harrold, and Hugh Pace) did all the shooting. That makes only nine.
Employes John Trimmell, Sam Dailey, Charles Coleman, and Cebero Sanchez probably did not fire any shots.
No testimony indicated that Pleas, Fate, Ed, or Dan Butler played any part in the fracas.
Sykes Butler first used a pistol on Fate Elder, and was later seen firing a shotgun in the
direction of Bud Elder, firing it twice, dropping the hulls on the ground, and then re-loading.
Sykes was seen putting the shotgun back in the hack.(8) Jack Bailey's wounds were NOT from
a shotgun.
It is curious that Newton Butler did not testify at the inquest. Newt had
his own 10,000 acre ranch. He apparently fired some shots at
Daileyville, because he was found guilty of Aggravated Assault, for which he was fined $25.
The $25 fine is significant; it says that he DID do something in Daileyville.
Newt had a medical condition or health problem in early 1895. Dr Puckett saw him
at the ranch in February. Friends reported in a family letter that Newt again
saw a doctor March 2, but "it was too late to do him any more good."
Newt left for New Orleans on March 4 to seek further medical help. He died
in a New Orleans hospital on March 12, 1895.
This was a tragic end for a man who could have managed or even inherited his father's huge holdings.
Six murder indictments were issued against the ranchers.
Sykes Butler went into seclusion somewhere. An arrest warrant was issued for him October 21.
By an arrangement, he surrendered to the new sheriff, W. L. Rudd, on January 27, 1887.
A Habeas Corpus bail bond hearing was held in Helena ("the H.C. trial of Sykes Butler"), yielding 78 pages of testimony. He was granted bail
on February 3, 1887.
The murder trials of W. G. Butler and Sykes Butler were moved from Karnes County to Wilson County in October 1886,
and then to DeWitt County in March 1887.
After several continuances, W. G. Butler was acquitted in his murder trial in January 1888.
After several continuances, the murder trial of his son Sykes Butler was finally held in December 1888.
After a 5-day trial ending on December 19, the jury found Sykes to be Not Guilty.
The 78 pages from the Habeas Corpus hearing were used in the murder trial.
When reading the testimony at the inquest, we must remember that a pistol is a
six-shooter. A gun is a rifle or Winchester. A pistol is NOT a gun in 1886.
CAUGHT IN THE MIDDLE
The two Elders were first cousins of William Hamilton Ammons.
His mother was Martha Louise Davis Ammons.
Her sister Sarah Ann Davis Elder was the mother of the two Elder victims.
But Pleas Butler, who was in Daileyville that day, was Ammons' brother-in-law, having married Sarah Jane Ammons.
Ammons was caught in the middle of a deadly family feud. This is why, in the 1930's,
when his daughter-in-law asked him about the Daileyville affair, Ammons would only say,
"Let sleeping dogs lie."
His older brother Jeff D. Ammons had sometimes helped his Elder cousins serve legal
papers out on the ranches.
DAILEYVILLE
Judge Thomas Ruckman and Dr. Lewis Owings established Helena as the new county seat in 1854.
In the beginning, the citizens of Helena had to cross the San Antonio River at Wofford Crossing
and proceed to Goliad to get their mail.(6)
After a period of time, approval was secured for a post office in Helena, and this change was a great convenience for people of the new Karnes County.
Meanwhile, Bee County had been established to the south. The need immediately arose for a road to connect Helena and Beeville.(6)
A state road and a mail route were opened, branching off the Helena-Goliad road on the west side of the river near Wofford Crossing, and leading south to Beeville.
In 1869, soon after the Civil War, David Dailey and his brother Christopher P. Dailey opened a general store on this Helena-Goliad road
at the point where the Beeville road branched to the south.
Daileyville was located on the west side of the San Antonio River, probably only a short distance from the river and Wofford Crossing.
It would have been on Pleas Butler’s “33 Ranch.” It had a general store, a grist mill, possibly a cotton gin, and several houses.
A post office was approved, with C. P. Dailey as the first Postmaster. The post office was in service from July 5, 1870 until May 27, 1884,
when the store closed. The store was re-opened in November 1885, but it was not again a post office.
This wooden building was in the line of fire on September 6, 1886, and showed bullet holes in its walls in later photographs.
The building was dismantled in 1887 and re-assembled in Kenedy to serve as the post office.
C. P. Dailey was postmaster in both places. After all, it was his building.
Historian Henry W. Dailey, son of Christopher P. Dailey, wrote later for "The Kenedy Times" that the location of Daileyville "was
about 4 1/2 miles east of Kenedy, near Wofford Crossing," and that it had since become “only a site on a hill.”
(More accurately, it is 5 miles northeast of Kenedy.)
The author does not believe that Daileyville was located at the Dry Escondido Methodist Church Cemetery, which is 2 1/2 miles from Kenedy and
2 1/2 miles from Wofford Crossing.
Wofford Crossing Road runs on a compass-true NE-SW line, in accordance with the old Spanish grants.
HELENA
The San Antonio & Aransas Pass SAAP railroad began building a line to the coast in
1884.(6) "Karnes County at the time was supposed to have the reputation of being a
gun-toter's haven, and the railroad developer said, 'If the new line could be run around
Karnes County, it would be better for everybody.'"(1)
In the middle 1880's several events occurred which were to spell the doom for
Helena's prosperity and lead to its eventual downfall.(10) Helena was the largest city
on the proposed route of the railroad to the Gulf.(9) The SAAP Railroad was negotiating
for right-of-way to pass through Karnes County. It was the policy of the day that the
railroad demanded both right-of-way and cash to bring the line to a community.(9)
The railroad company was running out of cash. The citizens of Helena were expected
to raise either $35000(1) or $60000 (9)(10) toward construction costs, as well as to
donate the right-of-way. The town was prepared to donate the right-of-way, but not the
cash, because some overconfident citizens thought that Helena was too important to possibly
be by-passed.
No effort was made to cooperate with the railroad.(9) Many of the citizens
of Helena, convinced that they were the only town of any consequence between San Antonio
and the Gulf, were of the opinion that the railroad would be compelled to pass through
Helena. (9,10)
Other citizens, realizing the importance of having the railroad come through
Helena, made the effort to raise the money but succeeded in getting only $32000.
When this sum was offered, the railroad refused. Thomas Ruckman vainly tried to raise
the additional funds, but failed. He did his utmost to prevail upon the railroad officials
to bring the railroad into Helena, but the railroad remained adamant.(9)
William Green Butler got in touch with B. F. Yoakum (1) and offered the railroad
a full right-of-way across his lands, and the offer was accepted. Butler also paid a
lofty amount toward construction costs. When the tracks were laid seven miles to the
southwest of Helena, the Ox Cart Road was abandoned and Helena began to suffer.
Helena became a ghost town as her stores and businesses moved to Karnes City,
starting in 1891.
Butler did donate the right-of-way, but his vow to "kill the town" is only
romantic legend. Butler was a rancher, cattleman, and business man. On those cattle drives
to Kansas, he learned the economic power of the railroad in providing a market for cattle.
Trail drives to Kansas had brought "the $4 cow to the $40 market." The SAAP railroad
could bring the $40 market to South Texas. Butler's business attention was on the railroad
and not on Helena.(14)
In his twilight years, he sat in a rocking chair on the gallery
of his mansion and looked at the SAAP line two hundred yards to the east, running trains
in his own front yard. To those of you born after 1920, the "gallery" is the
front porch.
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