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Mary "Polly" Dyches (D6/1.5), daughter of Josiah Dyches and Lucinda Dyches, was born in 1805 in South Carolina.  She was brought to St. Tammany Parish, Louisiana by her parents the following year.  She was married in Washington Parish about 1823, husband's name Kyle.  He died about 1845, and she was remarried in 1849 to Joseph Strong.

 

They appeared in the 1850 census of Washington Parish in Household 402-402:

 

          "Strong,     J.                           41, born in Louisiana, farmer, $300

                                                                             real estate, illiterate, married

                                                                             within the year

                                       Mary            45, born in South Carolina, illiterate,

                                                                             married within the year.

          Caile,           George        12, born in Louisiana, attending

                                                                             school

                                       Jacob           11, born in Louisiana, attending

                                                                             school

                                       Wesley          6, born in Louisiana, attending

                                                                             school

          Caile,           George        57, born in Germany, laborer"

 

By 1860 they had joined her brothers and sisters in Williamson County.  They appeared there in the 1860 census as Household 367-377:

 

          "Strong,          Joseph        52, born in Louisiana, common

                                                                             laborer

                                       Mary            55, born in South Carolina

          Kile,             Jacob           20, born in Louisiana

                                       Wesley        16, born in Louisiana

          Harris,          George          7, born in Texas"

 

The family reappeared in the 1870 census of Williamson County, page 447:

 

        "Strong, Jacob          60, born in Louisiana

                 Mary           64, born in South Carolina"

 

Children born to Mary "Polly" Dyches Kyle (D6/1.5) include:

 

        George Kyle             (K5/1.1)        born in 1838

        Jacob Kyle              (K5/1.2)        born in 1839

        John Wesley Kile        (K5/1.3)        born June 5, 1844

 

George Kyle (K5/1.1), son of Mary "Polly" Dyches Kyle (D6/1.5), was born in 1838 in Washington Parish.  He appeared there as a 12-year-old in the 1850 census.  Of this individual nothing more is known.

 

Jacob Kyle (K5/1.2), son of Mary "Polly" Dyches Kyle (D6/1.5), was born in 1839 in Washington Parish.  He appeared there as an 11-year-old in the 1850 census.  He reap­peared in the 1860 census of Williamson County.

 

He was married December 6, 1860 to his first cousin, Nancy Fish (F5/1.10), by Stephen Strickland, minister of the Church of Christ, according to Williamson County Marriage Book 2, page 74.  She, the daughter of Joseph Martin Fish (F6/1.1) and Nancy "Ann" Dy­ches Fish (D6/1.4), was born in Jasper County, Texas in 1842.

 

He was killed, at age 25, in a Civil War massacre in Bandera County July 25, 1863, along with a cousin, Jack Whitmire (W4/7.2), son of Henry Whitmire (W5/3.7) and Amanda M. Fish Whitmire (F5/1.2), according to "One Hundred Years in Bandera."  [For details, see page 218.]

 

The Kyle children appeared in the 1870 census enumeration living in the home of Nancy "Ann" Dyches Fish (D6/1.4).  Nancy Fish Kyle (F5/1.10) was remarried about 1873 to Evan Short (E5/1.1), believed to be a son of E[van?] Short (E6/1.1) and Delaney Short who appeared in the 1850 census of San Augustine County, Texas:

 

        "Short, E.              30, born in Louisiana, blacksmith

                Delaney         30, born in Louisiana

                Hardy           12, born in Louisiana

                Feliciana       10, born in Texas

                Evan             7, born in Texas

                Abner            5, born in Mississippi

                Elizabeth        3, born in Mississippi

                Maria            1, born in Mississippi

                Jackson         17, born in Louisiana"

 

Evan Short (E5/1.1) was "first married to a Dyches," according to the research of Mary Alnora "Nora" Cox Drennan (C2/10.4).  He and Nancy Fish Kyle Short (F5/1.10) joined her sisters and their husbands about 1873 in an unsuccessful lawsuit to recover prop­erty from their father's estate.

 

Children born to Jacob Kyle (K5/1.2) and Nancy Fish Kyle (F5/1.10) are believed to in­clude:

 

        John Kyle               (K4/2.1)        born in 1862

        Necia Kyle              (K4/2.2)        born in 1864

 

Children born to Evan Short (E5/1.1) and Nancy Fish Kyle Short (F5/1.10) include:

 

        Sarah Short             (S4/1.1)        born about 1867

        Lucinda Short           (S4/1.2)        born about 1869

        Tom Short               (S4/1.3)        born about 1871

        Davis Ulysses Short     (S4/1.4)        born about 1874

 

Jeptha Cornelius Moore (M3/1.1) wrote in 1935, "Our Aunt Nancy Short had two children I know of, Annie and Eugene.  Annie married John Parker, Uncle George Parker's bro­ther.  He passed on, and she married Wade Parker, another of Uncle George's brothers.  They had a large family.  The last I knew of Annie she lived at Healdton, Oklahoma."

 

John Kyle (K4/2.1), son of Jacob Kyle (K5/1.2) and Nancy Fish Kyle (F5/1.10), was born in 1862.  He appeared in his grandmother's household in the 1870 census of Williamson County as an eight-year-old.

 

Necia Kyle (K4/2.2), daughter of Jacob Kyle (K5/1.2) and Nancy Fish Kyle (F5/1.10), was born in 1864.  She appeared in her grandmother's household in the 1870 census of Williamson County as a six-year-old.

 

Sarah Short (S4/1.1), daughter of Evan Short (E5/1.1) and Nancy Fish Kyle Short (F5/1.10), was born about 1867 probably in Williamson County, Texas.

 

Lucinda Short (S4/1.2), daughter of Evan Short (E5/1.1) and Nancy Fish Kyle Short (F5/1.10), was born about 1869 probably in Williamson County.

 

Tom Short (S4/1.3), son of Evan Short (E5/1.1) and Nancy Fish Kyle Short (F5/1.10), was born about 1871 probably in Williamson County.

 

Davis Ulysses Short (S4/1.4), son of Evan Short (E5/1.1) and Nancy Fish Kyle Short (F5/1.10), was born about 1874 probably in Williamson County.

 

John Wesley Kile (K5/1.3), son of Mary "Polly" Dyches Kyle (K6/1.5), was born June 5, 1844 in Washington Parish.  He appeared there as a six-year-old in the 1850 census and reappeared as a 16-year-old in the 1860 census of Williamson County, living in his step-father's household.  Apparently he changed the spelling of his name while in school.

 

He was married May 31, 1866 in Williamson County to Nancy Mary Ann Fish (F4/1.2), daughter of John N. Fish (F5/1.1) and Martha Harriet Whitmire Fish (W5/3.9).  She, his first cousin, once-removed, was born in 1848, probably in Jasper County. 

 

John Wesley Kile (K5/1.3) was enumerated as the head of a household in the 1880 census of Williamson County, Enumeration District 5, page 10:

 

          "Kyle,          John             35, born in Louisiana, father born in Germany, mother born in Louisiana

 

             born in Louisiana

                                       Nancy    34, born in Texas, father born in Louisiana, mother

             born in Mississippi

                                       Matilda        13, born in TX, father born in LA, mother born in MS

Mary     10, born in Texas, father born in Louisiana, mother

             born in Mississippi

John      8, born in Texas, father born in Louisiana, mother

             born in Mississippi

Joseph    6, born in Texas, father born in Louisiana, mother

             born in Mississippi

James     4, born in Texas, father born in Louisiana, mother

             born in Mississippi

Elias     2, born in Texas, father born in Louisiana, mother

             born in Mississippi."

 

Nancy Mary Ann Fish Kile (F4/1.2) died in 1881 in Williamson County.  John Wesley Kile (K5/1.3) was remarried November 28, 1882 to Fanny Westbrook (W5/1.1), according to McGinty research.  He was married for the third time Octo­ber 19, 1890 to Elizabeth Jane Bass Duggins (B5/1.1), widow of J. B. Duggins.  In 1897 they removed to Coleman County, Texas.  He died there in Precinct 3 of cardiac hyper­trophy February 21, 1930, a widower at age 85, and was buried at Santa Ana, Texas, ac­cording to Texas VBS File 6958.  Luther A. Kile (K4/3.7), Coleman, Texas, was the in­formant.

 

Children born to John Wesley Kile (K5/1.3) and Nancy Mary Ann Fish Kile (F4/1.2) in­clude:

 

        Matilda Arizona "Zonie" Kile  born December 22, 1867

        Mary Kile                     born about 1870

        John Houston Kile             born about 1872

        Joseph Kile                   born November 9, 1874

        James Franklin Kile           born March 9, 1877

        Elias Jacob Kyle              born March 4, 1880

 

Children born to John Wesley Kile (K5/1.3) and Elizabeth Jane Bass Duggins Kile (B5/1.1) include:

 

        Luther A. Kile                born in 1891

 

Matilda Arizona "Zonie" Kile (K4/3.1), daughter of John Wesley Kile (K5/1.3) and Nancy Mary Ann Fish Kile (F4/1.2), was born December 22, 1867 in Taylor, Texas.  She was married November 2, 1882 to Alexander Smith (S4/1.1).  She was remarried December 6, 1893 to her step-brother Samuel Houston Duggins (D4/1.1), according to Bell County marriage records.  He was born in September 1873 to J. B. Duggins (D5/1.1) and Eliza­beth Jane Bass Duggins (B5/1.1).  She died June 5, 1948.

 

Children born to Alexander Smith (S4/1.1) and Matilda Arizona "Zonie" Kile Smith (K4/3.1) include:

 

        Rom Smith               (S3/1.1)        born in October 1886

        John Alexander Smith    (S3/1.2)        born in December 1892

 

Children born to Samuel Houston Duggins (D4/1.1) and Matilda Arizona "Zonie" Kile Smith Duggins (K4/3.1) include:

 

        James Marshall Duggins  (D3/1.1)        born in July 1895

        Ida Pearl Duggins       (D3/1.2)        born in January 1896

        Lucinda Jane Duggins    (D3/1.3)        born in February 1897

        Defrier Duggins         (D3/1.4)        born in 1901

        Rainey Duggins          (D3/1.5)        born in 1904

        Carter Duggins          (D3/1.6)        born in 1906

        Samuel Duggins          (D3/1.7)        born in October 1909

 

John Alexander Smith (S3/1.2), son of Alexander Smith (S3/1.2) and Matilda Arizona "Zonie" Kile Smith (K4/3.1), was born in December 1892.  He became a criminal, accord­ing to McGinty research, and when he died in Coleman County he was buried under the alias of "John Alexander."

 

Mary Kile (K4/3.2), daughter of John Wesley Kile (K5/1.3) and Nancy Mary Ann Fish Kile (F4/1.2), was born about 1870 in Williamson County.  She was married February 16, 1880 to Owen Dooley (D4/1.1), according to Williamson County marriage records.

 

John Houston Kile (K4/3.3), son of John Wesley Kile (K5/1.3) and Nancy Mary Ann Fish Kile (F4/1.2), was born about 1872 in Williamson County.

 

Joseph Kile (K4/3.4), son of John Wesley Kile (K5/1.3) and Nancy Mary Ann Fish Kile (F4/1.2), was born November 9, 1874 in Williamson County.  He was married about 1897 to Della Slack (S3/1.1).  He died August 16, 1907.

 

James Franklin Kile (K4/3.5), son of John Wesley Kile (K5/1.3) and Nancy Mary Ann Fish Kile (F4/1.2), was born March 9, 1877 in Williamson County.  He was married about 1900 to Mattie Calhoun (C3/1.1).  He died March 26, 1951.

 

Elias Jacob Kyle (K4/3.6), son of John Wesley Kile (K5/1.3) and Nancy Mary Ann Fish Kile (F4/1.2), was born March 4, 1878 in Williamson County.  He was married January 6, 1909 in Billings, Montana to Susan Rosa Sauber (S4/1.1), daughter of Nicholas Sauber (S5/1.1) and Catherine Wagner Sauber (W5/1.1), who was born June 14, 1883 in Lake­ville, Minnesota.  He died March 31, 1945 in Los Angeles, California and was buried at Bakersfield.  She died January 1, 1980 and was buried beside her husband.

 

Children born to Elias Jacob Kyle (K4/3.6) and Susan Rosa Sauber Kyle (S4/1.1), in­clude:

 

        Norman Elias Kyle       (K3/6.1)        born August 8, 1917

        Raymond Kyle            (K3/6.2)        born May 5, 1919

 

Norman Elias Kyle (K3/6.1), son of Elias Jacob Kyle (K4/3.6) and Susan Rosa Sauber Kyle (S4/1.1), was born August 8, 1917 at Billings.  He was married April 8, 1944 at Reno, Nevada to Virginia Marion Nay (N3/1.1), daughter of Glenn Okie Nay (N4/1.1) and Gertrude Edna Harris Nay (H4/1.1).  In 1945 they lived in Bakersfield.

 

Children born to Norman Elias Kyle (K3/6.1) and Virginia Marion Nay Kyle (N3/1.1) in­clude:

 

          Cheryl Ann Kyle                                          born March 17, 1945

          Eichard Norman Kyle                      born February 25, 1950

 

Cheryl Ann Kyle, daughter of Norman Elias Kyle and Virginia Marion Nay Kyle, was born March 17, 1945 in Bakersfield.  She was married there Oc­tober 5, 1968 to Noel Foy Smith.

 

Richard Norman Kyle, son of Norman Elias Kyle and Virginia Marion Nay Kyle, was born February 25, 1950 in Bakersfield.  In 1968 he lived in Ventura, California.  He, an engineer, was married in Los Angeles July 6, 1974 to Mar­cia Jeanne Stickler (S2/1.1) who was born December 15, 1947 in Oxnard, California. In 1976 they lived in Sierra Madre, California and in 1979 in Sacramento.  They were di­vorced in August 1986.  He was remarried June 26, 1987 to Mrs. Marlayne Elizabeth Perry Mineard (P2/1.1).  In August 1987 they lived in Yakima, Washington.

 

Richard Norman Kyle (K2/1.2), an accomplished genealogist, has made a detailed study of the Fish, Kyle, Dyches, Durden and Whitmire families.  It is through his courtesy that the account of the descendants of John Wesley Kile (K5/1.3) and Nancy Mary Ann Fish Kile (F4/1.2) appears in this manuscript.

 

Children born to Richard Norman Kyle (K2/1.2) and Marcia Jeanne Stickler Kyle (S2/1.1) include:

 

        Laura Marie Kyle        (K1/2.1)       born May 29, 1968

        Michelle Therese Kyle   (K1/2.2)       born July 21, 1971

        Wendy Jeanne Kyle       (K1/2.3)       born December 15, 1976

        David Glenn Kyle        (K1/2.4)       born April 5, 1979

 

Raymond Kyle (K3/6.2), son of Elias Jacob Kyle (K4/3.6) and Susan Rosa Sauber Kyle (S4/1.1), was born May 5, 1919 at Absorkie, Montana.  He was married December 27, 1949 to Betty Lewis (L3/1.1).

 

Luther A. Kile (K4/3.7), son of John Wesley Kile (K5/1.3) and Elizabeth Jane Bass Dug­gins Kile (B5/1.1), was born in 1891.  He was married about 1910 in Coleman County, wife's name Lila.

 

Harriett Dyches, daughter of Josiah Dyches and Lucinda Dy­ches, was born in St. Tammany Parish in 1811.  She was mar­ried about 1832, probably in St. Tam­many Parish, to a cousin, Wesley Burgoyne Dyches.  They accompanied her moth­er and siblings in a move to Jefferson County in that year.  He had been admitted as a colonist in de Zavala's colony March 12, 1829, according to McGinty research. In an early Mexican census he was enumerated in Bevil District. He was shown as "age 24, single, farmer, no slaves."

 

Wesley Burgoyne Dyches appeared as the head of a house­hold in the 1835 census of the Bevil District:

 

          "Dykes,          Wesley        25

          Dykes,                   Harriett        24

                                       Mary L.        1

                                       Charles         1/12"

 

In the following month he made application for a Mexican land grant, according to Jef­ferson County Deed Book A, page 167 and Book L, page 541-546 :

 

"Third Seal          Two Reales

For the Biennium 1834 & 1835

Petition No. 493:

 

To the Special Commissioner of S. E. Lorenzo de Zavala Co:

 

I, Wesley Dykes, a citizen of the United States of America, present myself before you with all re­spect and state that attracted by the generous disposition of the colonization laws of this state, I have come with my family consisting of three persons to locate here, if you in view of the hereunto attached certificate would grant to admit me under the class of colonizers, con­ceding me a place of settlement on the grounds of the referred to Company.  Therefore I beg of you to kindly ac­cede to my request, awaiting your well known justice in this matter.

 

Nacogdoches                                                         Wesley Dykes"

June 18, 1835

 

Acknowledgement:  Be it provided that the interested with a certificate be pre­sented to the respective man­ager in order to obtain information in regard to the petition heretofore mentioned.

 

Nacogdoches                                                         George Antonio Nixon

July 4, 1835                                                 Commissioner

 

To the Land Commissioner:

 

I certify that the interested is one of the colonists which I have brought here in accordance with a con­tract made with the Supreme Government of the State on the 12th day of March, 1829.  You may issue order to measure the land for which he applies.

 

Nacogdoches                                      Lorenzo de Zavala

August 1, 1835                      by his attorney Arthur Henrie

 

Decree: Being presented and admitted, with the here­unto attached documents the land surveyor, citizen Arthur Henrie shall take the measure of the grounds which the interested will indicate, provided that the same be in virgin state, at the same time examining the notes and the translation to be made in this of­fice and that the proceedings be carried on in the most convenient manner, in accordance with the law.

 

Nacogdoches                                                         Joseph Carriere

August 1, 1835                                         Commissioner

Witnesses:         Juan M. Dor, George Antonio Nixon

 

To the Land Commissioner:

 

The site of land measured to the colonist Wesley Dykes is situated on the South bank of Pine Island Bayou where a post was driven and thus the first cor­ner formed.  From this survey South 21 degrees west and at a distance of 5 varas [vara = 33.3 inches] there is a red oak of 12 inches diameter.  From there 7472 varas were measured and the second corner put on the survey line.  From that direction towards the West 2405 varas were measured and the third corner was formed by staking a post and forming a mound around it.  From there 8520 varas were measured and the 4th corner set on the N.E. survey line of Daniel Easley League on the North bank of Pine Island Bayou.  From there following the mean­ders of the bayou to a point where the survey begun, this com­prising a total superficial measurement of 21436315 varas and also for the following survey in order to complete the site of land which corresponds to the same interested.  It was begun at the S.E. corner of this survey and was set thus: Extending to the mouth of the Bayou Aderman; then South 1 degree West 990 varas were mea­sured; from there North 70 degrees West 1222 varas were measured; then North 40 de­grees West 406 varas; thence North 70 degrees West 110 varas were measured to the S.W. corner of the survey of the neighbor Jett.  From that point East 3888 varas were measured to the crossing point of the corner where begun.  This last survey comprising a quantity of 3,463,685 square varas,[5,645.4 square varas = one acre] which added to the 21,536,315 com­plete a site of land which you or­dered me to measure [250,000 varas = one league = 4,428.4 acres].  Of the a­foresaid land 6 labores [1,063.2 acres] are temporal and the remaining 19 labo­res [3,366.8 acres] are ara­ble, being distributed as indicated on the maps which I hereunto attached in duplicate.

 

Nacogdoches                  Joseph Carriere          Arthur Henrie

October 16, 18--          Translator              Surveyor

 

The survey of the grounds of the colonist, Wesley Dykes having been concluded the corresponding title to the same shall be extended to him and of the two maps which the surveyor presented, one shall be at­tached to this instrument, and one to the correspond­ing testimonial each being properly countersigned by me.  Thus determined and signed by me in presence of two witnesses in accor­dance with the law.

 

Nacogdoches                                                         Joseph Carriere

                                                                                      Commissioner

Witnesses: Juan M. Dor, George Antonio Nixon

 

Title of Possession:

 

The citizen George Antonio Nixon, Special Commis­sioner of the State of Coahuila and Texas, for the dis­tribution and issuance of titles to colonists of the Com­pany of S. E. Lorenzo de Zavala:

 

Whereas Wesley Dykes has been admitted as colonist in the colonization Company contracted by the illus­trious citizen Lorenzo de Zavala and the Supreme Govern­ment of the State of Texas, on the 12th day of March, 1829, and the said Wesley Dykes having fully proven that he is married and that his family consists of three persons and he himself filling properly all the requisites provided by the colonization laws of the 24th day of March, 1825, according to the law and in­structions given to me, I in the name of the State, con­cede, confer and place in real and personal possession of the aforesaid Wesley Dykes a site of land on the banks of Pine Island Bayou, border lines of which are outlined in the maps and notes and measure notes submitted by the surveyor citizen Arthur Henrie as seen in this instrument; of the aforesaid land 6 labores are temporal and the remaining are arable of the re­ferred to law, conceding him the privileges des­ignated under the penalties established in it, being notified that within one year he must construct firm and per­manent corner on each angle of land, and that he must live on it and cultivate it according to the provisions made by the aforesaid law, complying scrupulously with all provided by it, and others which might be passed, and that he never shall pass it into other hands mean­while.

 

Therefore, making use of the authority which is given me by the same law, and corresponding instructions, I issue this present title and order that testimo­nial to it be taken so that it may be handed to the interested that he, his sons, heirs, and successors or whosoever by right might be entitled, may pos­sess and use it.

 

Given in the town of Nacogdoches on the 16th day of October, 1835, under my hand in the presence of two witnesses as provided by law.

 

Witnesses:                                                   George Antonio Nixon

Bennet Blake                                                  Commissioner

Joseph Carriere

 

In accordance with the original deposited in the archives of the referred to Company in my charge property compared and corrected this was copied in two sheets and provided with seals and with stamps as ordered by law.  Signed by me with two witnesses as provided by law.

 

City of Nacogdoches

October 16, 1835"

Witnesses:          Joseph Carriere, George Antonio Nixon

 

 

One month before the Battle of San Jacinto, Wesley Bur­goyne Dyches on March 25, 1836 gave power of attorney, tantamount to a deed to George W. Glasscock to sell 2,391 acres on Pine Island Bayou, according to Jefferson County Deed Book H, page 78.  Consideration was $1,000.  Wit­nesses were Joseph P. Pulsifer, Joseph Josiah Dyches, William C. Dyches, J. B. Brown and John C. Read.  Fourteen years later George W. Glasscock "of Williamson County, Texas" sold the land to Thomas B. Huling "of Jasper County, Texas" for the same price, according to Jefferson County Deed Book H, page 80.  Glasscock specified in the deed dated May 21, 1850 that the land was located "on Pine Island Bayou, headright of Wesley B. Dyches granted to him as a colonist in Zavala's Colony, containing 2,391 acres, conveyed to me by him March 25, 1836."

 

Following the revolution the new Republic of Texas gener­ally honored the Spanish and Mexican land grants and main­tained the continuity of private land ownership.  It retained the Spanish land measures and surveying methods and deed recording procedures:

 

"Republic of Texas

County of San Augustine

 

Personally appeared before me at my office David Brown and Wyatte Chambres who after being duly sworn say on oath that they have seen George Anto­nio Nixon write and are acquainted with his hand­writing, and believe the above signature to be genuine.  Given under my hand and seal of office May the 8th A.D. 1838.

 

                                                                             E. O. Legrand, C.J.C.C.

                                                                             ex officio Notary Public

 

Republic of Texas

County of Jefferson

 

I certify the foregoing to be a true copy of the original title as received in this office for record.  Given under my hand and Private seal (there being no seal of of­fice) this 7th day of November, 1838.

 

                                                                                      John D. Swain

                                                                                      Dept. C.R.

 

The State of Texas

Municipality of Liberty

 

Know all men by these presents, that we Wesley Burogan Dykes and Harriet Dykes have this day bar­gained, sold and delivered and by these presents do bargain, sell and deliver to John Allen Veatch a cer­tain tract or parcel of land lying and being situated in part on Pine Island Bayou and in part on Bayou Adams, be­ing part and parcel of the sitio of land which the said Wesley Berogan Dykes obtained as a colonist in Zavalas Grant as appears by the title issued by Jorge Antonio Nixon on the 16th day of October 1835 and the said Wesley Burogan Dykes and Harriet Dykes his wife further declare that they have sold the above named tract of land to the said Veatch for and in consideration of $500 cash in hand paid the receipt whereof is hereby acknowledged and that they do hereby forever renounce for themselves and their heirs all right, title and interest in and to the said land unto the said Veatch and his heirs and assigns and the said W. B. Dykes and Harriet Dykes, his wife fur­thermore declare that should said tract of land as aforesaid be worth more than the aforesaid sum of $500 they hereby make a full and complete and per­fect donation of the overplus hereby renouncing all and every law in favor of vendors and particularly to those which relate to the sale of real estate for less than half its real value, in faith of which we have hereunto set our hands in presence of the witnesses whose names are af­fixed.

 

Witnesses:                                                             Wesley B. Dykes

Benj. I. Harper, George W. Tevis,          Harriet Dykes

John C. Read, Bartlett Eaves,                   [undated]

B. R. Rogers

                            

Republic of Texas

County of Jefferson

 

Personally came and appeared before me John D. Swain, Deputy County Clerk, John C. Read and after being duly sworn declareth and say that he saw the parties assign the foregoing deed for the use and pur­poses therein expressed and that he assigned his name as a witness together with Benj. I. Harper, B. R. Rodgers, Bartlett Eaves and George W. Tevis.  Sworn to and subscribed before me this 7th November, 1838.

                                                                                      John D. Swain

                                                                                      Deputy County Clerk"

 

The deed to the land which lay a few miles northwest of Beaumont was also recorded in recorded in Jefferson County Deed Book A, page 173.  Recorded in Jefferson County shortly afterwards was "A list of Lands Belonging to Hul­ing & Co, January 1839, also name of Headrights, how much of each belongs to the firm and the total up to this time:"  In­cluded in the list was "J. C. Eaves, Burrel Eaves, John Dykes [John N. Dy­ches], A. L. Eaves, W. C. Dykes [William C. Dy­ches], Bart[lett?] Eaves, Lucinda Dykes, William Hick­man, A. J. Eaves, James Eaves, L. P. Dyches, Isaac Eaves, W. B. Dykes [Wesley Burgoyne Dyches], Joseph Dykes and Henry Millard Estate."

 

On December 26, 1838 Wesley Burgoyne Dyches deeded 4,428 acres of land in the "Wesley Dykes Survey" to W. L. Herring, according to Jefferson County Deed Book L, page 544:

 

"Republic of Texas

County of Jasper

 

Know all men by these presents, that I Wesley Dykes, a citizen of said Repub­lic, for and in consideration of $150 cash to me in hand paid by W. L. Herring of said Republic and County of Jasper have this day sold the league of land granted to me as a colonist in Lorenzo de Zavala's Colony situated on Pine Is­land Bayou De­cember 26, 1838.

 

Witnesses:                                                   Wesley Dikes

Cody Rabun, Isaac Tevis"

 

On June 28, 1856 John Buchanan "translator and recorder of Spanish deeds" in the Gen­eral Land Office certified his En­glish version of the document to be a "correct trans­lation of the original title on file in said office."  On May 25, 1859 Cody Rabun "of Milam County, Texas" attested to the valid­ity of the document as one of the subscrib­ing witnesses.  Shortly afterward W. L. Herring "of Leon County, Texas" sold to James Ferguson of Cherokee County, Texas "4,428 acres of land that was granted to Wesley Dykes in Zavala's Colony" for $1,000.

 

Harriett Dyches Dyches received the gift of a labor of land "out of the Josiah Dyches Headright" from her brother, Joseph Josiah Dyches March 8, 1843, according to Jefferson County Deed Book A, page 67.

 

Harriet Dyches Dyches was referred to as "de­ceased" Octo­ber 29, 1854 in a deed prepared by her mother, according to Williamson County Deed Book 5, page 523.  The deed left a portion of her headright to the heirs [unnamed] of "Harriet Dyckes."

 

Wesley Burgoyne Dyches "of Bastrop County" gave power of attorney December 2, 1857 to Phil Claiborne "of Bastrop County" in an effort "to recover two labores of land in Or­ange County, Texas on Cow Bayou now occupied by C. C. Burch," according to Orange County Deed Book C, page 47.  Orange County had been formed in 1852 with land from Jef­ferson County which lay east of the Neches River.  Phil Clai­borne "of Travis County, Texas" was successful in re­covering the land from C. C. Burch, evidently a squatter.  As "attorney-in-fact for Wesley Dykes of Bastrop County" he sold 600 acres which "adjoins Stephen Jett's survey on Adams Bayou and Cow Bayou" on December 2, 1857 to William Smith for $300, according to Orange County Deed Book C, page 48.

 

"Wesley B. Dikes" was married October 10, 1867 to "Mary Sul­lock", according to Cherokee County Marriage Book C2, page 132. 

 

Wesley Burgoyne Dyches "of Bastrop County" received a re­lease of warranty on the title to the land on Cow Bayou from William Smith October 28, 1868, according to Orange County Deed Book E, page 42.  This release probably came in exchange for a favor; "testimony of Wesly B. Dyches is now required in a suit now pending in the District Court of Orange County involving title to the said lands.  John M. Smith is plaintiff and I [William Smith] defendant."

 

Children born to Wesley Burgoyne Dyches and Mary Sullock Dyches are unknown.  Children born to Wesley Burgoyne Dyches and Harriet Dyches Dyches include:

 

          Mary L. Dyches                                 born in 1834

          Charles Dyches                                  born in 1835

          Frances "Fannie" Dyches          born in 1841

          Annie Dyches                                     born in 1843 [daughter]

          Evelyn Dyches                                  born in 1845 [daughter]

          R. Dyches                                                        born in 1846 [daughter]

          E. Dyches                                                        born in 1847 [son]

          Z. Dyches                                                        born in October 1849 [son]

 

Martha Pittman [Pulman?, Pielman?, Pidman?] sold her un­divided interest in the Lucinda Dyches Survey in Haskell County, Texas for $35.  She stated in a deed recorded in Haskell County Deed Book 8, page 378, "I am a daughter of Harriett Dyches who was a daughter and one of eight child­ren of Lucinda Dyches who married her cousin Wesley Dy­ches.  Said Harriett had six children:

 

          1. Martha Pittman who married Henry A. Pittman, both                      of Austin City, Texas.

          2. Fannie Cooper who is dead and died childless and her                         husband is also dead.

          3. Evelyn Norton

          4. Annie O'Neal, thought dead

          5. Adaline Goins

          6. Mary Bedir, thought dead"

 

Jerusha D. Dyches, daughter of Josiah Dyches and Lucinda Dyches, was born in 1812 in St. Tammany Parish.  She was brought to Jefferson County in 1834 by her mother.  Ac­cording to family tradition she was married in November 1836 to David Hutcheson McFadin who had served as a pri­vate at the Battle of San Jacinto in the Second Regiment, Third Company with her brother Joseph Josiah Dy­ches.

 

For some reason David Hutcheson McFadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/­1.7) elected to remarry two years later.  It was probably because her brother Joseph Josiah Dyches (D6/1.3) and his wife Elizabeth Lewis Dyches (L6/1.1) were plan­ning to repeat their marriage vows.  It is possible that their earlier marriage cere­mony had been per­formed by a Catholic priest as required by Mexican law.  In any event both couples were married, perhaps in a double ceremony, March 19, 1838.

 

Col. Henry B. Millard, their former commanding of­ficer at San Jacinto, performed the ceremonies, according to Jeffer­son County Marriage Book A, page 13:

 

"Marriage License

Republic of Texas

County of Jefferson

 

To any legally qualified officer whereas David McFadin has this day applied to me, a qualified deputy clerk of the county court of Jefferson County for li­cense to marry Jarusha Dykes of said county, you are therefore authorized to celebrate the rites of matrimony between said David McFadin and Jarusha Dykes.  According to law, you will return this to my office within 60 days after said celebration.

 

Hereunto I have set my hand the 19th day of March, 1838.

 

                                                John C. Read, Deputy Clerk"

 

The estate of Henry B. Millard was probated March 7, 1845 in Jefferson County, accord­ing to Probate Book B, page 51.  His son, Henry B. Millard, Jr. later removed to Wil­liamson County, arriving there in December 1853, according to the record of county pi­oneers in the Williamson County court­house.

 

David Hutcheson McFadin (M6/2.1), the only child of William McFadin (M7/1.2) and Sarah Jett McFadin (J7/1.4), was born in Montgomery County, Tennessee May 22, 1816, accord­ing to "History of Texas," 1893.  William McFadin (M7/1.2) was the son of David Mc­Fad­in (M8/1.1), native of Ireland who emigrated to Tennessee.  William McFadin (M7/1.2) had arrived in the colony of Lorenzo de Zavala in 1830 and settled in what is now pre­sent-day Liberty County.  A William McFadin "who arrived in Shelby County, Texas in 1832"  was entitled to 1/3 league of land, according to records of that county.  He was influenced to Texas by his in-laws James Jett (J7/1.1), Absalom Jett (J7/1.2) and John Jett (J7/1.3) who had arrived in 1824.  James McFadin (M7/1.1) and William Mc­Fadin, Jr. had established themselves there in 1825 and had received Mexican land grants.  James McFadin (M7/1.1), oldest son of David McFadin (M8/1.1) and Mary Elliot McFadin (E8/1.1), was born in Clarksville, Tennessee.  He was graduated from the Uni­versity of South Carolina and participated in the Battle of New Orleans January 8, 1815.  He was married in 1818 to Elizabeth McCoy (M7/1.1), accord­ing to "More Early Southeast Texas Families."  Another source shows her name as Eliza­beth Lackey (L7/­1.1).  Their third child Eliza McFadin (M6/1.3) was born in 1823.  James McFadin (M7/­1.1) received a military land grant of 320 acres in Williamson County.  A William Mc­Faddin gave a deed July 15, 1874 to Jacob Beaumont to an "undivided half interest in 640 acres in the Breeze Survey lo­cated on the east bank of the Neches River, 25 feet below the Collier Ferry landing," according to Orange County Deed Book F, page 113.

 

Members of the McFaddin family remained in Beaumont and became very prominent landown­ers in the area during the 160 years they have lived there.  The ancestral home of the fam­ily situated on a block at 1900 McFaddin Street in Beaumont, now called McFaddin-Ward House, is open to visitors.  The property is owned by Caldwell McFaddin, at­torney, son of William Perry Herring McFaddin.

 

David Hutcheson McFadin (M6/2.1) had enlisted in Second Company, Third Regiment of the Texas Army March 2, 1836 and was discharged September 2 of that year.  He was a ranch­er in Jefferson County following the revolution.  He appeared in the 1840 tax list of the county as the owner of a slave and seven head of cattle. 

 

He received a deed January 21, 1841 from James Drake to "land in the Josiah Dyches Survey on the West bank of the Neches River, adjoining William M. McFadin and James McFadin," for $500, according to Jefferson County Deed Book E, pages 68 and 129.

 

He was elected sheriff of the county in 1842.  On March 2, 1842 he gave a sheriff's deed involving slaves and land in the Richard Balew league and in the Stephenson Jett league to Milberry Balew, according to Jefferson County Deed Book A, page 395.  Alex­ander Calder, county clerk, certified the transaction.  David Hutcheson McFadin, "Sheriff of Jeffer­son County, Texas" gave a sheriff's deed to Simon Wiess June 7, 1842, according to deed records of Haskell County, Texas.

 

Bounty Land Certificate No. 9512 issued to William McFadin and bargained to David Hutcheson McFadin was later lo­cated in Haskell County.  The certificate called for 320 acres, according to Haskell County Deed Book 17, page 298.

 

It is recorded in the Williamson County Courthouse that he first came to Williamson County in 1842 [perhaps on a scouting trip.]

 

On May 27, 1845 David Hutcheson McFadin (M6/1.2) par­ticipated in a partition agreement with "William McFadin, Sarah Herring, wife of W. P. Herring and Elisa Chesson, wife of McGuire Chesson, heirs of James McFadin, dcsd, to avoid litigation and make a speedy settlement," according to Jefferson County deed records.  The agreement provided that "McGuire Chesson to have land they live on, 52 acres at $1 per acre; David McFadin to take remainder of said labor at $1 per acre and one pair of oxen at $49; W. P. Her­ring and wife to take female slave Caroline and her child Hannah, seven months old at $500 and claim of $186 against estate of deceased father in Tennessee at appraisement of $50, also 1 pair of oxen at $20; William McFadin to take Military Claim of 320 ac­res granted to deceased at a price of $20; cattle ap­praised at $5 per head to be di­vided; land on Trinity River to be divided into four parts; household stuff, guns and horses to be divided; and David McFadin to get hogs."  The agree­ment was later record­ed in Williamson County Deed Book 1, page 311.

 

"William McFadin et al" gave a deed to the "Military Claim" for 320 acres in William­son County to Joseph Josiah Dyches (D6/1.3) March 25, 1850, according to Williamson County Deed Book 1, page 314.

 

In 1846 he "traded with a cousin" [William M. McFadin] and acquired a league of land in Milam County [later Williamson], according to "History of Texas."  He moved there with members of the Dyches family in December 1846 when only four other settlers lived in the county.  On the San Gabriel River at McFadin's Bend a log cabin was constructed to accommodate the family.  Later a second cabin was built, separated from the first by a breezeway. 

 

In 1847 his property was rendered in the Milam County tax list as "2,214 acres, $1,107; one negro, $400; 4 horses $135 and 100 cattle, $400."  On the to­tal rendition of $2,042.00 he paid a tax of $5.08.  His settlement was at Circleville, Texas, a town which was "laid out in a circle, according to "History of Central Texas."

 

David Hutcheson McFadin (M6/1.2) was elected to the first county commission when Wil­liamson County was organized in 1848 with land from Milam County.  He gave a bill of sale to his brother-in-law Joseph Jo­siah Dyches (D6/1.3) Febru­ary 19, 1849, accord­ing to Williamson County Deed Book 1, page 55.

 

He appeared as the head of a household in the 1850 census of Williamson County, House­hold 89-98:

 

          "McFaddin, David H.     34, born in Tennessee, farmer,

                                                          $3,000 real estate

                             Jerusha      38, born in Louisiana

John N.      11, born in Texas

William D.    9, born in Texas

         Dyches, Lucinda      75, born in South Carolina

                 Lydia C.     12, born in Louisiana

      St. Clair, Duncan       66, born in North Carolina, farmer, $2,500 r. e.

                 Stephen      15, born in Texas

                 Duncun       13, born in Texas"

 

Jerusha D. Dyches McFadin (D6/1.7) received a bill of sale from Columbus Gillet recit­ing that he had sold to her hus­band "a male slave about 30 years old, black and about 6' 2" tall for $900 and 50 cows and calves," July 16, 1852, according to Williamson County Deed Book 4, page 26.

 

David Hutcheson McFadin (M6/1.1) gave a gift deed to "James and Caroline B. Armstrong" May 17, 1854 to 320 acres on the San Gabriel River, "part of the headright granted to William McFadin," according to Williamson County Deed Book l5, page 308.  He conveyed an additional 640 acres on the San Gabriel, "land surveyed for D. H. Mc­Fadin and war­rant issued to him by War Department, Re­public of Texas," to James Armstrong August 21, 1854 "for the kind regard I have for him," according to Williamson County Deed Book 5, page 429.

 

Jerusha D. Dyches McFadin received a deed from her mother October 29, 1854 which conveyed her league and la­bor to her children.  The land was later located in Haskell County, Texas, and the deed was recorded there March 13, 1919 in Haskell County Deed Book 77, page 388, as well as in Williamson County deed records.

 

A partnership was established between Columbus Gillet and David Hutcheson McFadin (M6/1.2) July 3, 1857, according to Williamson County Deed Book 7, page 170.  They agreed to build a mill to be known as "Gillet's & McFadin's Mills" on 25 acres of land on the San Gabriel.  They were equal part­ners in the business valued at $1,000, and the contract in­cluded a buy-or-sell agreement.

 

For $200, David Hutcheson McFadin (M6/1.1) received a deed December 14, 1858 from Lucinda Dyches "in obtaining my land certificate for my own headright in selecting, locat­ing and surveying said headright [in Haskell County, Tex­as] 1/3 of my headright, 1/3 league and a labor, the other 2/3 having been by me previously given to my children and de­scendants," accord­ing to Williamson County Deed Book 7, page 467.  Witnesses were Isaac B. Low and Joel Low.

 

In 1859 he contracted with William Durgan to construct a stone residence for them.  Another source identifies the contractor as "Hughes from Austin."  Stone was quarried from the creekbed behind the building site, and lumber was freighted in from Galve­ston, Texas.  The house, with 27-inch interior and exterior stone walls was still un­der construction when the Civil War began.  William Durgan, who was being assisted in the quarrying and construction by the McFadin sons, elected to join the Confederate army before the house was finished.  William D. McFadin (M5/1.2) accompanied Durgan when he left.  Neither returned, and no military record has been found for either.  Consequently the house was never finished and never paid for, according to Judge Kirby Vance of Taylor who purchased the property from the McFadin heirs in 1950.

 

Judge and Mrs. Vance spent several years in restoring the McFadin home and obtained Texas State Historical Commis­sion registration for it.  The Vances maintained the home as a weekend retreat and to entertain guests.  They have been very considerate of the descendants of the McFadin family, allowing them access to the home, the ranch and the ceme­tery upon every request.  When an interview was requested in October 1987 by Arlee Claud Gowen (G1/6.2) the Vances graciously offered a tour of the property and the cemetery, and Margaret Vance presented her guest with a square nail from the original construction site and a bouquet of native Kansas City Gay Fea­thers from the cemetery. 

 

Jerusha D. Dyches McFadin (D6/1.8) lit a lamp in an up­stairs window every night until she died 18 years later "to guide her son home from the Civil War," according to Von­veree McFadin (M4/1.10), a granddaughter. 

 

David Hutcheson McFadin (M6/1.1) served one day of jury duty March 31, 1860 at $1.50, according to Williamson County court records.

 

He was enumerated as the head of household 370-380 in Williamson County July 20, 1860:

 

     "McFaddin, D. W.        44, born in Tennessee, farmer  stock, $1,000 r.e.

                J. D.        44, born in Louisiana,

                I. A.        22, born in Texas, Christian preacher

                William      20, born in Texas, stocktender

                Irwin        18, born in Texas, stocktender

         Dikes, Mary         10, born in Texas, orphan

   Love [Low?], William       6, born in Texas

         Dikes, Lucinda      86, born in North Carolina"

 

Two households away was recorded that of James Arm­strong, No. 368-378:

 

        "Armstrong, James    48, born in Kentucky, attorney-at-law,

                    Ann      38, born in Kentucky

                    Jane     17, born in Texas

                    George   16, born in Texas"

 

For $1,450 he received a deed December 21, 1862 to 289.4 acres on the San Gabriel, probably the mill site, from Columbus Gillet, according to Williamson County Deed Book 9, page 20.

 

David Hutcheson McFadin (M6/1.2) received a deed July 26, 1866 from Margaret Stanley, according to Williamson County Deed Book 10, page 400.  He was a county commis­sioner November 1, 1869 when he signed a deed following a sheriff's sale, according to Wil­liamson County Deed Book 11, page 450.

 

He sold the land he received from Columbus Gillet to J. S. McGuire for $1,500 February 1, 1871, according to Williamson County Deed Book 12, page 550.

 

He received a deed October 10, 1872 from William M. Mc­Fadin "of Jefferson County, Texas for all my interest in my Headright League Certificate located in Williamson County issued to me August 30, 1838" for $1,660.50 in notes, accord­ing to Williamson County Deed Book 14, page 137.  Part of this land he sold July 13, 1874 to L. L. Hat­cher for $47.50, ac­cording to Williamson County Deed Book 15, page 351.  He sold an additional 246.9 acres, "part of the East half of the William McFaddin League," to J. W. Nalley for $246.90 Oc­tober 19, 1875, according to Williamson County Deed Book 16, page 562.

 

He received a deed February 19, 1873 from Isaac B. Low, Jr. to 10 acres located "at the southwest corner of the William McFaddin League," for $50, according to Williamson County Deed Book 14, page 197. 

 

Jerusha D. Dyches McFadin (D6/1.8) died July 7, 1880 and was buried in McFadin Ceme­tery on Comanche Bluff, ac­cording to "History of Texas."  "She was an active member of the Christian Church and prominent in all good works, and her death was a signal for universal sor­row."

 

David Hutcheson McFadin (M6/2.1) deeded "all of the William McFadin League I now own on the San Gabriel 15 miles below Georgetown" to his sons Irvin Arnet McFadin (M5/1.3) and John Newin McFadin (M5/1.1) October 8, 1880 "because they remained near me," ac­cording to Williamson County Deed Book 29, page 114.  However the grantor retained the use and control of the land during his lifetime.

 

"In 1881 Mr. McFadin was married to Mrs. Armstrong, widow of the late Col. James Arm­strong, an attorney of more than ordinary prominence," according to "History of Tex­as."  "She was born in Kentucky, but was reared in Mis­souri.  Her life was spared for eleven years after marriage, her death occurring June 9, 1892, many friends re­maining to mourn her loss."

 

David Hutcheson McFadin (M6/2.1) received a deed from John Newin McFadin (M5/1.1) Ap­ril 20, 1883 to Lot 2, Block 28 in Taylor, according to Wil­liamson County Deed Book 28, page 532.

 

On August 1, 1883 he conveyed to John Newin McFadin (M5/1.1) for $1,000 "my interest in undivided 2/3 interest in 903 acres in Eastland County, Texas on Savanna Creek pat­ented to me by the State of Texas May 4, 1871; also all of 640 acres in Haskle County, Texas patented to me by State of Texas, Abstract No. 331; and also 103 acres in Wil­liamson County bought in sheriff's sale June 7, 1883, according to Williamson County Deed Book 50, page 318.

 

On November 17, 1885, David Hutcheson McFadin, joined by his two sons, John Newin McFadin and Irvin Arnett Mc­Fadin, conveyed for $1,000 to John D. Hughes of Haskell County their undivided interest in one third of the league and labor of Lucinda Dyches, according to Haskell County Deed Book M8, page 376.  Involved was 1,151.25 acres known as the Lucinda Dyches Survey.  The deed mentioned a suit pending between "the heirs of Lucinda Dyches, plaintiffs and Thomas P. Hughes et al, defendants" over the property.b

 

"Cordelia K. McFaddin, formerly Armstrong, and husband D. H. McFaddin of Williamson County," deeded 503« acres in the M. J. Drake Survey to William D. Guy May 19, 1887 for $125, according to Orange County Deed Book J, page 310.  On June 4, 1887 "Cordelia K. McFaddin, surviving wife of James Armstrong et vir D. H. McFaddin of Williamson County" deeded 320 acres in the Peterson Loyd Survey "on the east bank of the Neches River in the northwest corner of Orange County in the partition of the estate of James Arm­strong" to John W. Keith for $80, according to Orange County Deed Book J, page 326.

 

David Hutcheson McFadin (M6/2.1) gave a deed to Wom­ack & Sturgis April 9, 1892 to 45 acres for $10, according to Williamson County Deed Book 61, page 72. 

 

"He has been highly successful in his undertakings and has accumulated a large and valuable amount of property and means which he uses to the best advantage in surround­ing himself and family with all the comforts and many luxuries of life, as well as contributing liberally to all worthy enterprises tending to advance the welfare of the community in which he lives," read a passage in "History of Texas" which was pub­lished in 1893.  "He served with his usual ability as Commis­sioner of his county for twelve years.  He is a member of the Grange and Farmers Alliance, to both of which he has de­voted his best endeav­ors.  He enjoys the distinction of being the oldest living set­tler of William­son County where he is well and favorably known. No one is more deserv­ing of uni­versal veneration than this veteran and hero of San Jacinto."

 

He died October 7, 1896 and was buried in McFadin Ceme­tery.

 

Children born to David Hutcheson McFadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/1.7) include:

 

          John Newin McFadin          born August 11, 1838

          William D. McFadin                born in 1840

          Irvin Arnet McFadin          born January 6, 1842

          Sidney McFadin                       born about 1845

          George McFadin                       born about 1847

          Sarah McFadin                          born about 1851

            [child]                                                 born about 1854

            [child]                                                 born about 1857

 

John Newin McFadin (M5/1.1), son of David Hutcheson McFadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/1.7), was born August 11, 1838 in Jefferson County.  He appeared as an 11-year-old in the 1850 census of his father's household and reappeared as a 22-year-old "Christian preacher" in the 1860 census.  He became an attorney.  He was mar­ried October 20, 1861 to Mollie L. Sherman (S5/1.1), daughter of William P. Sherman (S6/1.1) and Elizabeth Ann Teague Sherman (T6/1.1) who were married in 1832.  She was born in Houston April 11, 1843.

 

He was elected District Attorney of Williamson County and in 1866 was its chief jus­tice.  He also preached regularly for the First Christian Church.  His portrait pub­lished in "Williamson County, Texas, Its History and Its People" showed him with dark complexion, dark eyes and whiskers.

 

John Newin McFadin (M5/1.1) received a deed March 11, 1866 from J. A. Smith to "land between the North and South San Gabriel Rivers, adjoining the town of Georgetown on the north," for $400, according to Williamson County Deed Book 10, page 169.  He sold the land August 15, 1869 to Dr. David F. Knight for $400, according to Williamson County Deed Book 11, page 238.

 

He received a deed January 7, 1878 from John Thomas Cof­fee to Lot 2, Block 28 in Tay­lor for $25, according to Williamson County Deed Book 19, page 244.  He purchased the property back at a sheriff's sale for $50, according to Williamson County Deed Book 21, page 394.

 

He and A. S. Fisher sold 95 acres in Milton Hicks Headright to Amanda Talbot for $25 February 13, 1878, according to Williamson County Deed Book 19, page 386.

 

John Newin McFadin (M5/1.1) sold 89.5 acres in the "John Dyches Headright which had been received from [his first cousins] J. I. Dyches and Lydia C. Bilbo February 1, 1877" for $400 January 29, 1878, according to Williamson County Deed Book 21, page 74.

 

"J. A. McFaddin and I. A. McFaddin" gave a partition deed to "W. T. Saul et al" Sep­tember 28, 1881 to Lots 17, 18 and 19, Block 4 in Taylor, according to Williamson County Deed Book 27, page 284.

 

He gave a deed to a 100-foot right of way across the William McFadin Survey to MKT Railroad Company October 29, 1881 for $500, according to Williamson County Deed Book 26, page 444.

 

He gave a deed to W. T. Saul March 14, 1882, according to Williamson County Deed Book 27, page 284.  John Newin McFadin (M5/1.1) gave a deed to J. E. Cooper to Lot 6, Block 40, Georgetown, "on the public square," January 31, 1883 for $1,200, according to Wil­liamson County Deed Book 30, page 160.

 

He gave a deed to his brother Irvin Arnet McFadin (M5/1.3) March 19, 1883 to Lots 17, 18, and 19, Block 4, Taylor for $1,100, according to Williamson County Deed Book 28, page 488.  He gave a deed to his father April 20, 1883 to Lot 2, Block 38, Taylor, ac­cording to Williamson County Deed Book 28, page 532.

 

"J. A. McFadin" was listed as a grandjuror July 7, 1884, ac­cording to Williamson Coun­ty District Court records.

 

John Newin McFadin (M5/1.1) deeded to "each child 100 acres from the western portion of the William McFadin League" June 1, 1891, according to Williamson County Deed Book 57, page 522.  Children named included "Alice McAn­ulty, Zuma Jenkins, William A. Mc­Fadin, Ora J. McFadin, Ella McFadin, Tiban D. McFadin, Anna J. McFadin, Nina D. Mc­Fadin, and Vonvere McFadin."

 

He died November 4, 1891, and she died July 30, 1892.

 

Children born to John Newin McFadin (M5/1.1) and Mollie L. Sherman McFadin (S5/1.1) include:

 

          Mary Alice McFadin          born about 1863

          Zuma McFadin                          born about 1865

          William A. McFadin                born September 19, 1866

          Ora J. McFadin                          born about 1870

          Ella McFadin                                   born about 1872

          Zevan McFadin                          born about 1875

          Tevan David McFadin          born about 1877

          Anna J. McFadin            born about 1880

          Nina D. McFadin           born about 1882

          Vonveree McFadin                born about 1885

 

Mary Alice McFadin (M4/1.1), daughter of John Newin McFadin (M5/1.1) and Mollie L. Sherman McFadin (S5/1.1), was born about 1863 in Williamson County.  She was married in 1887 to Charles W. McAnulty (M4/1.1).  She was mentioned in a deed of her father dated June 1, 1891.  She received a deed March 11, 1897 from her brother William A. McFadin (M4/1.3) and Irma Rosa Cavanaugh McFadin (C4/1.1) for $3,500 to their inher­ited property, ac­cording to Williamson County Deed Book 81, page 623.  At the same time she and her husband deeded 100 acres "from the northwest corner of the William McFadin League" to William A. McFadin (M4/1.1) for $3,300, according to Williamson County Deed Book 76, page 160.

 

Mary Alice McFadin McAnulty was named administratrix of the estate of her parents.  On September 10, 1901 she deeded to D. H. Voss "640 acres patented to D. H. McFaden September 19, 1859" for $1,600, according to Haskell County, Texas Deed Book 24, page 597.  The deed was notarized in New York City.

 

Zuma McFadin (M4/1.2), daughter of John Newin McFadin (M5/1.1) and Mollie L. Sherman McFadin (S5/1.1), was born about 1865 in Williamson County.  She was married in 1886 to Howard H. Jenkins (J4/1.1).  She was mentioned in a deed of her father dated June 1, 1891.

 

William A. McFadin (M4/1.3), son of John Newin McFadin (M5/1.1) and Mollie L. Sherman McFadin (S5/1.1), was born September 19, 1866 in Williamson County.  He was mentioned in a deed of his father dated June 1, 1891.  He was married in 1893 to Irma Rosa Ca­vanaugh (C4/1.1) who was born August 31, 1874.

 

On March 11, 1897 he received a deed from Charles W. McAnulty (M4/1.1) and Mary Alice McFadin McAnulty (M4/1.1) to 100 acres in the northwest corner of the William McFadin League for $3,300, according to Williamson County Deed Book 76, page 160.  At the same time William A. Mc­Fadin (M4/1.3) and Irma Rosa Cavanaugh McFadin (C4/1.1) deeded to "Mrs. Alice R. McAnulty an undivided 1/9 of the east half inherited by me thru my fa­ther John N. McFadin from my grandfather D. H. McFadin and 1/9 (20 acres) deeded to his children," for $3,500, according to Williamson County Deed Book 81, page 623.

 

William A. McFadin (M4/1.3) and Irma Rosa Cavanaugh McFadin (C4/1.1) gave a deed to 152 acres to his siblings Tevan David McFadin (M4/1.7) and Zuma McFadin Jenkins (M4/­1.2) for $5,000, according to Williamson County Deed Book 90, page 311.

 

He was a partner in McFadin Lumber Company with his cousin David Guy McFadin (M4/3.1) in 1902 when they deeded property in Granger, Texas, according to Williamson County Deed Book 107, page 23. 

 

Irma Rosa Cavanaugh McFadin (C4/1.1) died June 19, 1903 after 10 years of marriage and was buried in McFadin Cemetery on Comanche Bluff. 

 

In 1907 he, "an unmarried man," sold some lots in Granger to David Guy McFadin (M4/­3.1), according to Williamson County Deed Book 125, page 149.  He lived another 51 years to die April 30, 1954.  He was buried beside his wife.

 

One daughter was born to them:

 

        Merle McFadin         (M3/3.1)        born about 1896

 

Merle McFadin (M3/3.1), daughter of William A. McFadin (M4/1.3) and Irma Rosa Ca­va­naugh McFadin (C4/1.1), was born about 1896.  She was married about 1910, husband's name Frazer.

 

Ora J. McFadin (M4/1.4), daughter of John Newin McFadin (M5/1.1) and Mollie L. Sherman McFadin (S5/1.1), was born about 1870 in Williamson County.  She was mentioned in a deed of her father dated June 1, 1891.  Ora J. McFadin (M4/1.4), "a feme sole," deeded "my undivided 1/9 interest in 1/2 of the east half of McFadin League" to her sister Mary Alice McFadin McAnulty (M4/1.1) and her husband for $2,000 in 1901, according to Williamson County Deed Book 76, page 362.

 

Ella McFadin (M4/1.5), daughter of John Newin McFadin (M5/1.1) and Mollie L. Sherman McFadin (S5/1.1), was born about 1872 in Williamson County.  She was mentioned in a deed of her father dated June 1, 1891.  She was married in 1893 to A. M. Ingraham (I4/1.1).

 

Zevan McFadin (M4/1.6), son of John Newin McFadin (M5/1.1) and Mollie L. Sherman Mc­Fadin (S5/1.1), was born about 1875 in Williamson County.  He was not men­tioned in a deed of his father dated June 1, 1891, suggesting that he was deceased at that time.

 

Tevan David McFadin (M4/1.7), son of John Newin Mc­Fadin (M5/1.1) and Mollie L. Sherman McFadin (S5/1.1), was born about 1877 in Williamson County.  He was men­tioned as the recipient of 100 acres in a deed from his father June 1, 1891.  He and his sister Zuma McFadin Jenkins (M4/1.2) received a deed to 152 acres from their brother William A. McFadin (M4/1.3), according to Williamson County Deed Book 90, page 311.

 

Anna J. McFadin (M4/1.8), daughter of John Newin Mc­Fadin (M5/1.1) and Mollie L. Sher­man McFadin (S5/1.1), was born about 1880 in Williamson County.  She was men­tioned in a deed of her father dated June 1, 1891.

 

Nina D. McFadin (M4/1.9), daughter of John Newin Mc­Fadin (M5/1.1) and Mollie L. Sher­man McFadin (S5/1.1), was born about 1882 in Williamson County.  She was men­tioned in a deed of her father dated June 1, 1891.  Nina D. McFadin (M4/1.9), "feme sole," deed­ed her inherited part of the William McFadin League to Rudolph Rozacky January 1, 1903 for $3,915, according to Williamson County Deed Book 105, page 78.  She was mar­ried about 1910 to Joseph A. Mur­phy (M4/1.1).

 

Vonveree McFadin (M4/1.10), daughter of John Newin Mc­Fadin (M5/1.1) and Mollie L. Sherman McFadin (S5/1.1), was born about 1885 in Williamson County.  She was men­tioned in a deed of her father dated June 1, 1891.  Vonveree McFadin (M4/1.10), "a feme sole, her minority disabilities removed by Williamson County District Court," gave a deed to her sister Mary Alice McFadin McAnulty (M4/1.1) Au­gust 27, 1901 to "100 acres conveyed to me by my father June 1, 1891 and 23.5 acres received in partition suit," for $4,000, according to Williamson County Deed Book 102, page 210.  Vonveree McFadin (M4/1.10) traveled extensively.  She wrote that she and a sister went to Mexico City in 1909 and to Europe in 1910 on the liner Luisitania which was sunk by a German sub­marine in May 1915.  She was married about 1915 to J. B. Godfrey (G4/1.1) and lived in Austin, Texas.

 

William D. McFadin (M5/1.2), son of David Hutcheson Mc­Fadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/1.7), was born in 1840 in Jasper County, Texas.  He was brought to Williamson County at age six.  He appeared in the 1850 cen­sus of his father's house­hold at "age 9."  In 1859 he worked as a mason-apprentice to William Durgan in the construction of the family home.  He reappeared as a 20-year-old "stocktender" in the 1860 census.  He "entered the army dur­ing the Civil War in 1862 and has not been heard from since," ac­cording to "History of Texas."  He accompanied William Durgan when he left to fight for the Confederacy, but no military record has been located for either of them.

 

Irvin Arnet McFadin (M5/1.3), son of David Hutcheson McFadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/1.7), was born in Jefferson County in January 1842.  He appeared as an 18-year-old "stocktender" in the 1860 census of his father's household.  He was mar­ried in 1863 to Nancy Elizabeth Moore (M5/1.1) who was born November 11, 1846 in Mis­sissippi.

 

Irvin Arnet McFadin (M5/1.3) and C. P. Vance received a deed June 23, 1873 to 1/2 acre in Circleville for $300, ac­cording to Williamson County Deed Book 14, page 466. At the same time they purchased a "lot in Circleville where the storehouse now stands" for $200.

 

Irvin Arnet McFadin (M5/1.3) and John Newin McFadin (M5/1.1) received a deed from Wolf Max and Edward Am­brose to Lots 18 and 19, Block 4, Taylor May 1, 1877 for $500, ac­cording to Williamson County Deed Book 18, page 418.  Irvin Arnet McFadin (M5/1.3) re­ceived a sheriff's deed April 3, 1888 from George T. Darbison to 10.92 acres for $300, according to Williamson County Deed Book 46, page 131.  He died in 1887, according to "History of Texas."  McGinty research shows his death as June 11, 1888. Nancy Eliza­beth Moore McFadin (M5/1.1) died March 23, 1920.

 

Children born to Irvin Arnet McFadin (M5/1.3) and Nancy Elizabeth Moore McFadin (M5/­1.1) include:

 

          David Guy McFadin           born about 1864

          Mary Ellen McFadin          born August 15, 1866

          W. Dean McFadin                born March 12, 1873

          Ira I. McFadin                          born about 1876

 

David Guy McFadin (M4/3.1), son of Irvin Arnet McFadin (M5/1.3) and Nancy Elizabeth Moore McFadin (M5/1.1), was born about 1864 in Williamson County. 

 

He and his brothers and sister and their spouses did a com­plicated partition of 1,420.5 acres, "part of the land conveyed to J. N. McFadin and I. A. McFadin by D. H. McFadin Octo­ber 8, 1880 recorded in Williamson County Deed Book 29, page 114."  The partition was recorded in Williamson County Deed Book 87, page 82.  He was married about 1884, wife's name Carrie.

 

He was a partner in McFadin Lumber Company with his cousin William A. McFadin (M4/1.3) in 1902.  They deeded Lot 5, Block 47, Granger to S. D. Davis for $200 November 13, 1902, according to Williamson County Deed Book 107, page 23.

 

He purchased from "N. E. McFadin" six acres in the Lee Ro­den Pre-emption Survey for $300 July 30, 1907, according to Williamson County Deed Book 123, page 559.  He re­ceived a deed from William A. McFadin (M4/1.3), his cousin, "an unmarried man," September 2, 1907 for $250.  The deed cov­ered Lots 1, 2, 3, 4, 5, 9 and 10, Block 41, Granger, according to Williamson County Deed Book 125, page 149.

 

Children born to David Guy McFadin (M4/3.1) and Carrie McFadin are unknown.

 

Mary Ellen McFadin (M4/3.2), daughter of Irvin Arnet Mc­Fadin (M5/1.3) and Nancy Eliza­beth Moore McFadin (M5/1.1), was born August 15, 1866 in Williamson County.  She was married about 1884 to Owen M. Breeden (B4/1.1).  They were mentioned in the partition deed to receive one-fourth of the inherited land.  Mary Ellen McFadin Breeden (M4/3.2) died October 31, 1924 and was buried in McFadin Cemetery.

 

W. Dean McFadin (M4/3.3), son of Irvin Arnet McFadin (M5/1.3) and Nancy Elizabeth Moore McFadin (M5/1.1), was born March 12, 1873 in Williamson County.  He was married about 1893, wife's name Maggie.  She was born Au­gust 11, 1874.  They participated in the partition deed to re­ceive one-fourth of the property.  He died May 8, 1915 and was buried in McFadin Cemetery.  Maggie McFadin died April 14, 1942 and was buried beside her husband.

 

Ira I. McFadin (M4/3.4), son of Irvin Arnet McFadin (M5/1.3) and Nancy Elizabeth Moore McFadin (M5/1.1), was born about 1872 in Williamson County.  He was men­tioned in the partition deed, according to Williamson County Deed Book 87, page 82.  In 1904 he was married to Mattie Lauden (L4/1.1).  In 1906 they were living in the rock house of his grandfather, David Hutcheson McFadin (M6/2.1).  In 1914 he moved to Granger to facilitate school attendance by his daughter.  In 1932 the property was owned by Rev. Irvin B. McFadin (M3/4.1), believed to be a son.  In 1950 he sold the McFadin home and 324 acres to Judge Kirby Vance and his wife, Margaret Alexander Vance, M.D.  

 

Children born to Ira I. McFadin (M4/3.4) and Mattie Lau­den McFadin (L4/1.1) are be­lieved to include:

 

        Irvin B. McFadin          (M3/4.1)        born about 1905

        Elizabeth McFadin         (M3/4.2)        born about 1906

 

Elizabeth McFadin (M3/4.2), daughter of Ira I. McFadin (M4/3.4), was born about 1900.  She was married at Thanks­giving in 1931 to Guthrie Taylor (T3/1.1), and the ceremony was performed by Rev. Irvin B. McFadin.  They lived in Bertram, Texas.

 

Sidney McFadin (M5/1.4), son of David Hutcheson McFadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/1.7), was born about 1845.  He died at age two, according to "History of Texas."

 

George McFadin (M5/1.5), son of David Hutcheson Mc­Fadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/1.7), was born about 1847 in Williamson County.  He died at age two, ac­cording to "History of Texas."

 

Sarah McFadin (M6/1.6), daughter of David Hutcheson McFadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/1.7), was born about 1851 in Williamson County and died in infancy.

 

Two other children of David Hutcheson McFadin (M6/2.1) and Jerusha D. Dyches McFadin (D6/1.7) were born about 1854 and 1857 and died in infancy.

 

Rebecca Dyches (D6/1.8), daughter of Josiah Dyches (D7/1.1) and Lucinda Dyches, was born in St. Tammany Parish April 11, 1815, according to her tombstone. She was married about 1835 probably in Louisiana to James Clark Eaves (E6/1.1),  He is believed to be a son of Benjamin Eaves (E7/1.1) and Elizabeth Clark Eaves (C7/1.1)  He had appeared in Jefferson County in 1833 as the recipient of a league and a labor of land, accord­ing to McGinty research.  He re­ceived an additional grant of 1/3 league in 1834.  "James Eaves" appeared as the owner of a headright in Jef­ferson County in January 1839 along with six other men named Eaves.

 

Regarding the Eaves family Linda Sue Betts Essary, a descendant of Floyd, New Mexico, wrote July 9, 1986:

 

"I don't think that Bartlett Yancy Eaves and Charity Berry­man Lewis were the parents of James Clark Eaves.  He was born in 1765, and she in 1759--too old to be James' mother.  Their son, Graves Perry Eaves was married in 1809, and I have a list of his children which doesn't include James C.  Their son Abel Lewis Eaves married in 1811 and had a son named James Bartlett Eaves.  Their son, Burwell Eaves was married in 1815, the year that James Clark Eaves is sup­posed to have been born.  Bartlett Yancy Eaves was the son of Graves Eaves II and Martha Yancy.  Bartlett Yancy Eaves had a brother named William Eaves who married Susannah Hampton.  He had a son Benjamin Eaves who was born in North Carolina in 1780 and died in Illinois in 1841, but prob­ably went through Geor­gia with the rest of the family and was known to have been in Alabama.  He mar­ried Elizabeth Clark who was born in 1781 in Pennsylvania and died in 1832 in Illinois.  William also had a son named Noah.  I know it is 'reaching,' but could 'H. N." be 'Hampton Noah Eaves?'  I know of one Noah Hampton Eaves."

 

The Eaves family appeared in the early records of several Louisiana and Texas communi­ties.  William Johnson Eaves of Rapides Parish, Louisiana received a deed January 12, 1853 to 1,107 acres in the Bartlett Eaves Survey in San Au­gustine [later Denton] County from Thomas B. Huling of Jasper County, according to San Augustine County Deed Book H, page 424.  The payment of $1,575 was witnessed by Thomas Criswell and Andrew Jackson Eaves.  William John­son Eaves sold 1,107 acres, "the lower quarter of a league of land in Chaplin's Headright land received May 18, 1835 as a citizen in Zava­la's Colony" to Samuel G. Lucius of Sabine Parish, Louisiana for $1,000, according to San Augustine County Deed Book H, page 469.  Andrew Jackson Eaves and Thomas C. Natt wit­nessed the transaction dated March 1, 1853.  Andrew Jackson Eaves received a deed Jan­uary 12, 1853 from Thomas B. Huling of Jasper County to 1,107 acres in the Daniel Donahue Survey on Pine Island Bayou, ac­cording to Jefferson County Deed Book J, page 78.  Payment of $500 was witnessed by William I. Eaves and Thomas Criswell.  Eight days later Andrew Jackson Eaves "of the State of Louisiana" resold the land to Reuben D. Wood for $1,107, according to Jefferson County Deed Book J, page 81.  The deed which recited that Huling had received the land November 11, 1850 from Donahue and that Donahue had re­ceived it from "the Spanish government" was witnessed by Wil­liam U. Eaves and James Ellison. 

 

It is believed that James Clark Eaves (E6/1.1) removed to Jefferson County about 1844 and moved west in the early part of 1850.  On September 12, 1850 the Jefferson County Tax Collector declared James Clark Eaves (E6/1.1) to be in arrears on ad valorem taxes on a section of land.  He ordered the land to be sold to satisfy unpaid taxes of $2.22 due the state and $1.11 due the county, according to Jefferson County Deed Book H, page 282.  It is possible that James Clark Eaves (E6/1.1) had requested the General Land Of­fice to locate his survey in another county and thus escaped forfeiture.

 

On October 1, 1850 he purchased one-fourth league, 1,107 acres, "in Bell County" from D. W. Glasscock for $1,000.  The land was later discovered to lie in Williamson Coun­ty, ac­cording to Williamson County Deed Book 2, page 294.

 

On October 19, 1850 they appeared in the 1850 census of Montgomery County, Texas as Household 146-157:

 

        "Evese, James C.        35, born in Georgia, farmer, $200 real estate

                Rebecca         35, born in Louisiana

                Margaret        13, born in Louisiana

                H. N.           11, born in Louisiana

                Marvel           8, born in Louisiana

                Lydia C.         5, born in Louisiana

                Jane             2, born in Texas"

 

On November 4, 1853 he purchased an additional 1,107 acres from Glasscock for $800, according to Williamson County Deed Book 5, page 15.

 

"Rebecca Eaves" was mentioned by Lucinda Dyches as the recipient of an equal share of her headright in a deed to her eight children October 29, 1854, according to William­son County, Texas Deed Book 5, page 523.

 

They sold the land they originally purchased "in Bell County" to John Cashey for $1,000 June 19, 1856, according to Williamson County Deed Book 6, page 40.  The deed recited that the land consisted of "1,107 acres except 200 acres sold by J. C. Eaves to Campbell and 100 acres sold to Chapman."

 

On Christmas day in 1856 James Clark Eaves shot and killed John Hays, according to William B. McKaugham, an eye wit­ness.  Albert T. Smith gave an account of the killing to M. W. Northington, Williamson County Justice of the Peace:

 

"State of Texas

County of Williamson

 

On this 25th day of December, 1856 personally appeared Al­bert T. Smith before me the undersigned justice of the peace and makes oath in writing in due form of law that one certain James Clark Eaves did on this date in the town of Brooksville about 20 miles from Georgetown make an attack with force of arms and did with deadly weapon shoot down one certain John Hays with intent to kill and has probably died since from said wound inflicted upon the body of said John Hays by the said James Clark Eaves, which was done willfully and felo­niously with intent to kill the said John Hays, which is contrary to the law and against the dignity and peace of the State of Texas this December 25, AD 1856.

 

                                        M. W. Northington, J.P."

 

The justice immediately issued a warrant to Deputy Z. G. Johnson for the arrest of the accused.  The warrant specified that "one certain James Clark Eaves did attack and shoot with force and arms did willfully and feloniously shoot down one certain John Hays and did then and there try to shoot the second time at the said John Hays.  These are therefore to command you to apprehend and bring the body of the said James Clark Eaves before me forthwith, then and there to answer said charges."  The deputy made the arrest and placed the accused in the Williamson County jail.

 

On December 31 Joseph Josiah Dyches (D6/1.3), Joseph Martin Fish (F6/1.1.), brothers-in-law of the accused and Thomas B. Huling appeared in court and posted bond of $1,800.  The grand jury met and Reuben Hornsby, foreman assisted by the clerk drafted a charge of murder:

 

"That James Clark Eaves, late of Williamson County, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil . . . did of his malice aforethought make an assault: and that the said James C. Eaves [with] a certain pistol of the value of ten dollars then and there loaded and charged with gun powder and two leaden bullets (which pistol he the said James C. Eaves in his right hand had and held) to, against, and upon the said John Hays then and there feloniously, will­fully did shoot the said John Hays in the left breast a little above the left pap of him . . . one mortal wound of the depth of six inches . . . and the said John Hays did languish and languish­ing did live until the twenty-seventh of December, 1856 when he died of the said mortal wound."

 

While free on bond the accused "skipped the country," and after he missed three court calls, District Attorney R. T. Posey moved that the court declare the bond forfeited, and the court complied, calling upon the bondsmen to show cause why the judgment should not be made final against them.

 

Writs of Scire Facias were prepared by District Clerk DeWitt C. Booth and delivered to the three bondsmen requiring them to appear in court March 1, 1858.  Joseph Josiah Dy­ches (D6/1.3) and Thomas B. Huling employed the lawfirm of Armstrong, Witegar & Hughes to represent them.  They attacked the legality of the bonding process and stretched out the trial for a few days, but on March 22 Judge Edward H. Vontress of the 17th Ju­dicial District ruled against them and ordered them to pay the $1,800 forfeiture.

 

Joseph Josiah Dyches (D6/1.3) and Thomas B. Huling filed a motion for a new trial on the following day.  On March 25 the court overruled the motion and reiterated the for­feiture.  On April 10, 1858 Dyches and Huling posted an appeal bond of $3,600 with Thomas P. Hughes, John J. Stubblefield, Stephen A. Boyce and William C. Dalrymple as sureties and announced plans to appeal the case to the Texas Supreme Court.  In those days there were no appellate courts between the district courts and the Supreme Court, according to Judge Kirby Vance of Williamson County.

 

The district clerk prepared a complete transcript of the court case running from September 14, 1857 through October 16, 1858, attached itemization of court costs of $41.36 and for­warded the entire package to the Supreme Court.  Hancock & Hughes repre­sented the appellants, and George W. Paschal and George Flournoy represented the state when the case was called in the 1859 session of the court.  Justice Bell wrote the opinion for the court which decided in favor of the state.

 

Clara Bow Blair Bates (B1/1.1), Dyches researcher of Longview, Texas wrote May 11, 1986 that a cousin, Lloyd Wayne Hawley of Arkansas, had advised her that "James had been involved in a killing and had gone to Mexico and was never heard from again."  Re­becca Dyches Eaves (D6/1.8) removed about that time to Ft. Belknap which had been es­tablished in 1851 on the frontier in Young County, Texas.  Clara Bow Blair Bates (B1/1.1) wrote, "Maybe James had gone out there instead of Mexico, but he never shows up in any records there."

 

On June 30, 1860 Rebecca Dyches Eaves (D6/1.8) was enu­merated as the head of Household 72-72 in Young County near Ft. Belknap:

 

       "Eaves, Rebecca   45, born in Louisiana, laborer, $400 personal property

               H. N.     20, born in Louisiana, laborer

               M. R.     17, born in Louisiana, laborer

               Lydy      14, born in Texas,

               Jane      11, born in Texas

               Charlottee 8, born in Texas"

 

Linda Sue Betts Essary (B2/1.1) wrote that "James C. Eaves" was married February 20, 1869 to Nancy Scott in Rusk County, Texas.  "I read the 1870 census of Rusk County, family by family, but he wasn't there." 

 

In 1870 Rebecca Dyches Eaves (D6/1.8) appeared as the head of Household 484-487 with three of her married chil­dren in adjoining households in the census of Johnson County, Texas:

 

        "Eaves, R.          55, born in Louisiana, white, female, keeping house

                                $300 real estate, $250 personal property

                M. R.       27, born in Louisiana, stock driver

                Lida C.     24, born in Texas

                Charlottee, 18, born in Texas"

 

In 1875 Rebecca Dyches Eaves (D6/1.8) removed to Co­manche County, Texas along with the families of her chil­dren.  She registered her brand there February 26, 1875.

 

On June 4, 1880 Rebecca Dyches Eaves (D6/1.8) appeared in Comanche County, precinct 3 in Household 82-83 headed by her son Marvel Ransom "Rad" Eaves (E5/1.2):

 

        "Eaves, M. Ransom       36, born in Louisiana, father born in Georgia,

                                    mother born in Louisiana, farmer, single

                Rebecca         65, born in Louisiana, father born in North

                                    Carolina, mother born in South Carolina

                Lydia           33, born in Texas, father born in Geor­gia, mo-

                                    ther born in Louisiana, keeping house

         Tally, W. Charles      13, born in Texas, father born in Missouri, mo-

                                    ther born in Missouri, hired hand, illiter-

                                    ate, farm laborer."

 

Rebecca Dyches Eaves (D6/1.8) died July 21, 1883 near Carlton, Texas in Comanche County and was buried there in Midway Cemetery.  In 1986 Clara Bow Blair Bates (B1/1.1) wrote that although the cemetery is located in a pasture and difficult to find, it is fenced and well maintained.

 

Children born to James Clark Eaves (E6/1.1) and Rebecca Dyches Eaves (D6/1.8) include:

 

        Margaret Eaves            (E5/1.1)        born in 1837

        H. N. Eaves               (E5/1.2)        born in 1839

        Marvel Ransom "Rad" Eaves (E5/1.3)        born in 1842

          Lydia C. Eaves                                             born March 1846

          Jane S. Eaves                                                      born in 1848

          Charlottee Cherby Eaves           born in Novem­ber 1852

 

Margaret Eaves (E5/1.1), daughter of James Clark Eaves (E6/1.1) and Rebecca Dyches Eaves (D6/1.8), was born in 1837 in Louisiana, according to her census enumerations. She appeared as a 13-year-old in the 1850 enumeration of her father's household in Montgomery County.  She was married October 21, 1855 to James W. Anderson (A5/1.1), according to Williamson County Marriage Book 1, page 119.

 

H. N. Eaves (E5/1.2), son of James Clark Eaves (E6/1.1) and Rebecca Dyches Eaves (D6/­1.8), was born in 1839 in Louisiana, according to his census enumerations.  He ap­pear­ed as an 11-year-old in the 1850 census of Montgomery County.  He was enumerated in the 1860 census of Young County as a 20-year-old laborer.  He may have become blind by 1863 since he did not serve in the Young County Frontier Regiment raised during the Civil War to protect the settlers from Indian attack, according to Clara Bow Blair Bates (B1/1.1).

 

He was married May 7, 1865, to Mrs. Matilda Tompkins, a widow, according to Johnson County marriage records.  They appeared adjacent to his mother in the 1870 census of John­son County as Household 485-488:

 

        "Eaves, H. N.           30, born in Louisiana, farmer, $200 real es-

                                    tate, $250 personal property

                Matilda         31, born in Texas, keeping house

                Eliza Jane      14, born in Texas

                Mary E.         10, born in Texas

                Allice O.        6, born in Texas"

 

The family removed along with his mother's family to Co­manche County.  They were enu­merated there in the 1880 census in precinct 3 as Household 39-39:

 

39-39   "Eaves, W. H.           40, born in Louisiana, father born in Georgia,

                                    mother born in Mississippi, farmer

                Matilda         42, born in Tennessee, father born in Tennes-

                                    see, mother born in Tennessee, wife,

  Brucemay [?], J. Eliza        20, born in Texas, father born in Texas, mo-

  [Broadway?]                        ther born in Texas, widow, step-daughter

                J. Mary          6, born in Texas, father born in Texas, mother

                                    born in Tennessee, step-grandson [sic]

 39-40    Tally, Thomas          20, born in Texas, father born in Tennessee,

                                    mother born in Tennessee, farm laborer

                C. Alice        16, born in Texas, father born in Ten­nessee,

                                    mother born in Tennessee, wife"

 

H. N. Eaves (E5/1.2) died November 12, 1905 in Comanche County and was buried near his mother in Midway Ceme­tery.  Children born to him are unknown.

 

Marvel Ransom "Rad" Eaves (E5/1.3) son of James Clark Eaves (E6/1.1) and Rebecca Dy­ches Eaves (D5/1.8), was born in Louisiana in 1842.  He appeared as an eight-year-old in the 1850 census of Montgomery County and in the 1860 census of Young County as a 17-year-old.  He served in the Young County Frontier Regiment during the Civil War off and on until the regiment was transferred to the Confederate army as the Forty-Sixth Texas Cavalry Regiment.  He ap­peared in the 1870 census of Johnson County as a 27-year-old stockdriver living in his mother's household.  He was enu­merated a second time July 18, 1870 as a 24-year old stock-herder living the in household of Henry D. Williams in the census of Young County, Household 4-4.

 

He appeared as the head of his mother's household in the 1880 census of Comanche Coun­ty.  He was shown as a farmer, single, age 36.  He was married March 12, 1891, at age 49, to Mrs. T. B. Critz, ac­cording to Comanche County marriage records.  He died under "mysterious circum­stances," according to Linda Sue Betts Essary.

 

Children born to them include:

 

        Winnie Eaves            (E4/3.1)        born in 1895

 

Winnie Eaves (E4/3.1), daughter of Marvel Ransom Eaves (E5/1.3) and T. B. Critz Eaves, was born about 1895.  She was married about 1920, husband's name Daniels.  In 1983 she was a resident of a nursing home in Comanche.

 

Lydia C. Eaves (E5/1.4), daughter of James Clark Eaves (E6/1.1) and Rebecca Dyches Eaves (D5/1.8), was born in March 1846, probably in Jefferson County.  She appeared as a five-year-old in the 1850 census of her father's household in Montgomery County.  She was listed at age 14 in the 1860 census of Young County and at age 24 in the 1870 cen­sus of Johnson County.  She accompanied her mother in a move to Comanche County and was enumerated there in the 1880 census at age 33.  She did not marry.  She lived with her brother Marvel Ransom "Rad" Eaves (E5/1.3) until he mar­ried.  After that she lived with her sister Charlottee Cherby Eaves Essary (E5/1.6).  She was listed as a home­steader in the 1904 tax records of Quay County, New Mexico.  She ap­peared in the 1910 census of Frio County, Texas, Enumera­tion District 50, page 53 at age 64 living in her sister's house­hold.  Later she lived in the home of Oscar Clinton "Tinker" Essary (E4/1.4), a nephew in Roswell, New Mexico.

 

Jane S. Eaves (E5/1.5), daughter of James Clark Eaves (E6/1.1) and Rebecca Dyches Eaves (D5/1.8), was born in 1848, probably in Jefferson County.  She was listed as a two-year-old in the 1850 census of Montgomery County.  In the 1860 census of Young County she appeared as an 11-year-old.  She was married there about 1863 to William Daniel "Tom" Stewart (S5/1.1), believed to be a son of Preston Stewart (S6/1.1) and Nancy Stewart of Lincoln County, Ten­nessee, according to Clara Bow Blair Bates (B1/­1.1).  William Daniel "Tom" Stewart (S5/1.1) had served in a com­pany of Texas Rangers in Young County in 1858.  He was a taxpayer, a county commissioner and a mili­tiaman in the county as late as 1864.

 

About 1868 they removed to Johnson County along with her mother's family.  He bought a farm and was enumerated there near Grandview, Texas in Precinct 3 in the 1870 census as Household 486-490:

 

        "Steward, W. D.         36, born in Tennessee, farmer, $250 real es-

                                    tate, $2,000 personal property

                  Jane          21, born in Texas, keeping house

                  M. E.          6, born in Texas

                  John W.        4, born in Texas

                  James P.    1/12, born in Texas"

 

In 1875 he bought land near Carlton in Comanche County and removed to the new loca­tion.  On June 12, 1880 they were enumerated in Shackelford County, Texas, Precinct 4 as Household 121-126:

 

        "Steward, Daniel        46, born in Tennessee, father born in Virginia,

                                    mother born in Virginia, cattle raiser

                  Jane          30, born in Texas, father born in Ten­nessee,

                                    mother born in Texas, wife

                  Mary E.       16, born in Texas, father born in Ten­nessee,

                                    mother born in Texas, daughter

                  John W.       12, born in Texas, father born in Ten­nessee,

                                    mother born in Texas, son, cattle herder

                  James P.      10, born in Texas, father born in Ten­nessee,

                                    mother born in Texas, son

                  Luticia [?]    5, born in Texas, father born in Ten­nessee,

                                    mother born in Texas, daughter

                  Nancy A.       8, born in Texas, father born in Ten­nessee,

                                    mother born in Texas, daughter"

 

In 1881 they were land owners in Stephens County, Texas.  "This was where a spelling change occurred," wrote Clara Bow Blair Bates (B1/1.1):

 

"W. D. Stewart's name had been spelled interchangeably with a "d" or a "t," and he would make an "X" for his signa­ture.  In Stephens County apparently the clerk didn't spell too well either, and the name was recorded as 'Stouard.'  The only people I have ever seen use this spelling are descended from the two sons of W. D. Stouard.

 

On April 8, 1887 tragedy strikes.  W. D. 'Tom' Stouard is shot to death in his horse­lot 200 yards from his house.  His wife, Jane and their second son, James Preston Stouard were ar­rested and tried for murder.  Jane was acquitted, but James Preston was convicted at least twice.  The first sentence was appealed and thrown out.  At the third trial in Callahan County the case was dismissed for lack of evidence.  The state could not corroborate the testimony of the chief wit­ness.  After reading much of the transcript I felt he was very guilty.  Apparently the family spent most of the wealth W. D. had amassed in keeping James out of jail."

 

William Daniel "Tom" Stouard (S5/1.1) was buried in Pio­neer Cemetery in Stephens Coun­ty.

 

The April 13, 1887 edition of the "Ft. Worth Daily Gazette" gave an account of the murder:

 

                     T H E  S T E W A R T  M U R D E R

                     The Nephew Says the Son Did the Shooting

Special to the Gazette.

 

CISCO, TEX., April 12.--Mr. T. A. Robb of Breckenridge came in on the stage this evening and gave the following news in regard to the Stewart killing in Stephens County, a report of which is in the Gazette to-day.  Stewart's wife, daughter, son and nephew are on trial for the offense.  Mrs. Stewart, it seems, employed a lawyer to defend herself and family, leaving her nephew out.  Mr. Crow, the nephew, then turned state's evidence and made the following state­ment: That he (Crow) had been sent to the creek to water an ani­mal, and on re­turning, when in about 100 yards of the house, heard a gun fire, and on a lit­tle nearer approach he saw a man lying on the ground and saw a man walk up and put the muzzle of a gun at his head and fire again.  Crow recognized the man killed as old man Stewart [age 53], and the party who did the killing was his son, Jim Stewart.  Jim's mother, and wife of the man killed, then offered Mr. Crow two ponies, a fine saddle and a nice farm that had been recently pur­chased by the slain man to say nothing about the affair.  The cause of the trouble has not yet been developed, though Jim, the boy who did the killing, has always been an incorrigible boy, and stole a lot of his father's horses once which caused his father to disinherit him.  Mr. Stewart was worth about $25,000, and was well liked by his neighbors."

 

Jane S. Eaves Stouard (E5/1.5) died in Wichita Falls, Texas August 14, 1918 while on a visit to the home of her second son.  She was buried there in Riverside Cemetery.

 

Children born to William Daniel "Tom" Stouard (S5/1.1) and Jane S. Eaves Stouard (E5/­1.5) include:

 

        Mary Ellen Stouard           (S4/1.1)       born in 1864

        John William Stouard         (S4/1.2)       born about 1868

        James Preston Stouard        (S4/1.3)       born in 1870

        Nancy Ann "Pink" Stouard     (S4/1.4)       born in 1872

        Luticia "Scrap" Stouard      (S4/1.5)       born in 1875

        Rebecca "Toad" Stouard       (S4/1.6)       born April 10, 1880

        Mary Belle Catherine Stouard (S4/1.7)       born in 1883

        Martha Ann Stouard           (S4/1.8)       born in 1885

 

Mary Ellen Stouard (S4/1.1), daughter of William Daniel "Tom" Stouard (S5/1.1) and Jane S. Eaves Stouard (E5/1.5), was born in Young County in 1864.  She appeared in the 1870 census of Johnson County as a six-year-old.  In the 1880 cen­sus of Shackelford County she was recorded in her parents' household at age 16.  She was married Septem­ber 22, 1887 in Stephens County to Dennis Childress (C4/1.1).  She died in 1943.

 

John William Stouard (S4/1.2), son of William Daniel "Tom" Stouard (S5/1.1) and Jane S. Eaves Stouard (E5/1.5), was born about 1868.  He appeared in the 1870 census of Johnson County as a four-year-old.  In the 1880 census of Shackelford County he was identified as a 12-year-old cattle herder.  Following the death of his father in 1887 he took over the management of the family ranch.  He was married January 20, 1889 to Lavinia Ellen Cook (C4/1.1), daughter of William Austin Cook (C5/1.1).  She died Au­gust 13, 1897, date of the birth of her fifth child, and was buried in Pioneer Ceme­tery in Stephens County.  John William Stouard (4/1.2) died Jan­uary 2, 1929 and was buried beside her.

 

Children born to John William Stouard (S4/1.2) and Lavinia Ellen Cook Stouard (C4/1.1) include:

 

        John Robert Stouard       (S3/2.1)      born November 11, 1889

        Jessie Lee "Jet" Stouard  (S3/2.2)      born July 10, 1891

        Sue Stouard               (S3/2.3)      born June 20, 1893

        Lela Mae Stouard          (S3/2.4)      born November 16, 1895

        Lee Roy Stouard           (S3/2.5)      born August 13, 1897

 

John Robert Stouard (S3/2.1), son of John William Stouard (S3/2.1) and Lavinia Ellen Cook Stouard (C4/1.1), was born in Stephens County November 11, 1889.  He was married about 1930, wife's name Nina.  No children were born to them.

 

Jessie Lee "Jet" Stouard (S3/2.2), son of John William Stouard (S4/1.2) and Lavinia Ellen Cook Stouard (C4/1.1), was born July 10, 1891 in Stephens County.  He was mar­ried December 21, 1913 to Etta Francis McLearen (M3/1.1).  In 1929 he took over man­agement of the family ranch, buying out some of the other heirs.  He continued as a rancher until his death.  He died June 18, 1964 and was buried in Pioneer Cemetery, Stephens County.

 

Clara Bow Blair Bates (B1/1.1) wrote,

 

"Unfortunately because of the scandal of W. D.'s death and the following trials my family never talked about the past.  My mother was nearly grown before she ever knew about the death of her great grandfather W. D.  She heard only some sketchy and not altogether factual stories from people out­side of the family.  Her father would never allow the subject to be discussed in his presence.  Her Grandfather Will who was not at home at the time of the murder, but who proba­bly bore so much of the grief and responsibility for the family, was dead by the time my mother had ever heard a whisper about this.  Only through some old newspaper files and court records have we been able to piece together a portion of the story."

 

Children born to them include:

 

        Jessie Mae Stouard      (S2/1.1)        born December 10, 1915

        Ulala Stouard           (S2/1.2)        born about 1918

 

Jessie Mae Stouard (S2/1.1), daughter of Jessie Lee "Jet" Stouard (S3/2.2) and Etta Francis McLearen Stouard (M3/1.1), was born December 10, 1915 in Stephens County. She was married on her 20th birthday to Robert Lois Blair (B2/1.1), son of John Houston Blair (B3/1.1) and Texanna Walker Blair (W3/1.1), who was born July 9, 1914 in Coman­che County.  In 1937 they lived in Overton, Texas.

 

Children born to them include:

 

        Clara Bow Blair         (B1/1.1)        born December 6, 1937

        Robert Wayne Blair      (B1/1.2)        born November 14, 1940

 

Clara Bow Blair (B1/1.1), daughter of Robert Lois Blair (B2/1.1) and Jessie Mae Stou­ard Blair (S2/1.1), was born December 6, 1937 in Rusk County, Texas.  She was married December 18, 1957 to Leon Travis Bates, Jr. (B1/1.1) who was born May 12, 1935 in Wa­co, Texas.  In June 1986 Clara Bow Blair Bates (B1/1.1) lived in Longview.  An accom­plished genealogist, she has for many years been researching the history of the des­cendants of James Clark Eaves (E6/1.1) and Rebecca Dyches Eaves (D6/1.8).  It is through her courtesy that this material appears in this manuscript.

 

Robert Wayne Blair (B1/1.2), son of Robert Lois Blair (B2/1.1) and Jessie Mae Stouard Blair (S2/1.1), was born November 14, 1940.

 

Ulala Stouard (S2/1.2), daughter of Jesse Lee "Jet" Stouard (S3/2.2) and Etta Francis McLearen Stouard (M3/1.1), was born about 1918 in Stephens County.

 

Sue Stouard (S3/2.3), daughter of John William Stouard (S4/1.2) and Lavinia Ellen Cook Stouard (C4/1.1), was born June 20, 1893 in Stephens County.  She was married Decem­ber 22, 1911 to John Franklin Hawley (H3/1.1).  She died June 18, 1964 and was buried in Wedington Cemetery, Lin­coln County, Arkansas.

 

Lela Mae Stouard (S3/2.4), daughter of John William Stouard (S4/1.2) and Lavinia Ellen Cook Stouard (C4/1.1), was born November 16, 1895 in Stephens County.  She was married August 4, 1918 to Neil L. Ham (H3/1.1).  She died February 28, 1985 and was buried in Pioneer Cemetery.

 

Lee Roy Stouard (S3/2.5), son of John William Stouard (S4/1.2) and Lavinia Ellen Cook Stouard (C4/1.1), was born August 13, 1897 in Stephens County.  He was married about 1920 to Molly McPherson (M3/1.1).  He died June 26, 1958 and was buried in Pioneer Cemetery.

 

James Preston Stouard (S4/1.3), son of William Daniel "Tom" Stouard (S5/1.1) and Jane S. Eaves Stouard (E5/1.5), was born in 1870 in Johnson County.  He was reported as "age 1/12" in the census of that year.  In the 1880 census he was listed as a 10-year-old.  He was described as an "incorrigible, disinherited" son at age 17 when he killed his father.  When he was released after his third murder trial he left the area, going to Oklahoma, according to Clara Bow Blair Bates (B1/1.1).  He was married May 20, 1891 to Nancy Hensley (H4/1.1) and lived in Wichita Falls where he died.

 

Nancy Ann "Pink" Stouard (S4/1.4), daughter of William Daniel "Tom" Stouard (S5/1.1) and Jane S. Eaves Stouard (E5/1.5), was born in 1872.  She appeared in the 1880 census of Shackelford County as a eight-year-old.  She was married December 10, 1889 to James Mitch George (G4/1.1).

 

Luticia "Scrap" Stouard (S4/1.5), daughter of William Daniel "Tom" Stouard (S5/1.1) and Jane S. Eaves Stouard (E5/1.5), was born in 1875.  She was recorded as a five-year-old in the 1880 census of her father's household.  She was married Jan­uary 7, 1889 to James W. Anderson (A4/1.1).

 

Rebecca "Toad" Stouard (S4/1.6), daughter of William Daniel "Tom" Stouard (S5/1.1) and Jane S. Eaves Stouard (E5/1.5), was born April 10, 1880 in Oklahoma while her parents were delivering "a string of horses to the govern­ment."  She was married March 2, 1908 to Monroe S. Black­wood (B4/1.1).  She died February 23, 1956 at Decatur, Texas.

 

Mary Belle Catherine Stouard (S4/1.7), daughter of William Daniel "Tom" Stouard (S5/­1.1) and Jane S. Eaves Stouard (E5/1.5), was born in 1883.  She was married January 4, 1897 to Charles Melton Rector (R4/1.1).  She died June 22, 1971 in Breckenridge.

 

Martha Ann Stouard (S4/1.8), daughter of William Daniel "Tom" Stouard (S5/1.1) and Jane S. Eaves Stouard (E5/1.5), was born in 1885.  She was married December 18, 1904 to Hosea F. Pointer (P4/1.1).  She died April 10, 1936 and was buried in Pioneer Ceme­tery, Stephens County.

 

Charlottee Cherby Eaves (E5/1.6), daughter of James Clark Eaves (E6/1.1) and Rebecca Dyches Eaves (E6/1.8), was born in November 1852, probably in Montgomery County.  In 1858 her family lived in Williamson County.  She was enumerated as an eight-year-old in the 1860 cen­sus of Young County and at 18 in the 1870 census of Johnson County.  She was married about 1874 to Joseph Dowe Essary (E5/1.1), who was born April 19, 1855 to Joseph Lorenzo Essary (E6/1.1) and Mary Essary.  They apparently removed to Co­manche County along with the other members of her family.  In 1877 they lived in East­land County.

 

They appeared in the 1880 census of Comanche County as Household 64-65:

 

        "Essary, D. Joseph      26, born in Texas, father born in Tennessee,

                                    mother born in Tennessee, farmer

                 Charlotty      25, born in Texas, father born in Al­abama,

                                    mother born in Louisiana, wife,

                 E. Mary         5, born in Texas, father born in Texas, mo-

                                    ther born in Texas, daughter

                 H. John         3, born in Texas, father born in Texas, mo-

                                    ther born in Texas, son

                 L. William   2/12, born in Texas, father born in Texas, mo-

                                    ther born in Texas, son"

 

They were divorced later that year.  Clara Bow Blair Bates (B1/1.1) wrote, "From some of the testimony in James Stouard's trial, it seems Joseph Essary was in jail in Shelby County, Texas for stealing horses at the time James and Jane were arrested.  Apparently he and Charlotte separated, and Charlotte and Lydia lived together in their later years."

 

Charlottee Cherby Eaves Essary (E5/1.6) appeared as the head of a household June 28, 1900 in the census of Stonewall County, Texas, Enumeration District 146, page 5, precinct 3:

 

        "Essary, Charlty    47, born November 1852, widow, 10 children, six liv-

                                ing, born in Texas, stockfarmer, father born in

                                Alabama, mother born in Louisiana

                 Willie     20, born in Texas in April 1880, cowboy, illiterate

                 Oscar      18, born in Texas in February 1882, cow­boy

                 Robert     10, born in March 1890, in school

                 Grover      8, born in April 1892

          Eaves, Lydia      54, born in March 1846 in Texas, father born in Ala-

                                bama, mother born in Louisiana"

 

In 1892 they lived in Kent County, Texas.  He was remarried about 1893 to Mrs. Anna Louisa Wood Batson.  He was enumerated as the head of a household in the 1900 census of Motley County, Texas, Enumeration District 42, page 13, precinct 4.  Five children were born to them.  In 1903 he was homesteading in Quay County, New Mexico, according to Linda Sue Betts Essary (B2/1.1) who reported that "his taxes remained un­paid."  In 1910 he was in Denton County.  He died in Bee County, Texas July 7, 1937.

 

Charlottee Cherby Eaves Essary (E5/1.6) appeared as the head of a household in the 1910 census of Frio County, Enumeration District 50, page 55:

 

       "Essary, Lottie C.    58,

                Willie E.    30, son

                Robert       19, son

                Grover       18, son

        Thrash, Rosa         15, granddaughter

       Maxwell, Ross          9, grandson

         Eaves, Lydia        64, sister"

 

Joseph Dowe Essary (E5/1.1) was enumerated with his sec­ond family in Denton County, Texas in 1910.  Charlottee Cherby Eaves Essary (E5/1.6) died in Roswell September 12, 1934 of senility and myocarditis at age 82.  She was living in the home of a son, Os­car Clinton "Tinker" Essary (E4/1.4).

 

Linda Sue Betts Essary (B2/1.1) gleaned some information in a taped interview with Nellie May Leach Essary Barnett (L4/1.1) and Jewel Evelyn Nell Essary Rich (E3/4.8).  From the interview she wrote:

 

"The maiden name of Charlotta Eaves Essary's grandmother [Lucinda Dyches] was Tolliver, Talliferro or something like that.  Char­lotta had two brothers, Rad and H. N. who were Texas Rangers.  Charlotta's father left them when they were just girls, and they nev­er heard from him again.  He had been a soldier in the Texas Revolution.  For this service he was granted a league-and-labor which he had when he left the family.  When Oscar Clinton was grown he and Pete investi­gated and found that the land located near Clarksville, Texas had been deeded away without his wife's consent.  They talked to lawyers who stated that it could never be re­covered.

 

Charlotta said there was a large rock, a big table rock, right close to the house where they lived in Eastland County.  'I went down there many a time and just danced a jig on top of that rock.'  One day they found it pried up and turned over and a lot of buried money, a chest of buried treasure, re­moved from it. 

 

Auntie Lydia felt bad about dancing under Indian scalps in Ft. Belknap in East­land County.  In later years she was afraid God would never forgive her for that.  When the rangers and soldiers would come in they would have dances.  She and other women would go to Ft. Belknap to the dances.  The rangers and the soldiers would kill and scalp Indians and tie their scalps all over the ceil­ing, and they would dance under them.

 

When Aunt Lydia was a girl she had a sweetheart and was engaged to be married.  One day he came to visit.  Lydia was sitting beside him, and Charlotta was sit­ting on his knee.  Someone shot him through the window.  They never knew who did it.  She never cared for another man and did not marry.  Lydia was in her late 80s or early 90s when she died.  She was buried at Carlsbad and then brought back to Roswell. 

 

Charlotta knew worlds about medicine.  She went far and wide mid-wiving and doctoring people.  She was near-sighted all her life.  Gradually her sight left.  The last eight to ten years of her life she had to be led around.  She had three or four children to die as infants.  She had a little girl after Grover who died.  J. D. Essary had a child 'going' by both 'wives' at the same time.

 

George Washington was a cousin to Charlotta's grand­mother.  Charlotta had seen many times the satchel made out of white carpet that held the letters written by George Washington.  They had them for many years, but they were destroyed when the house burned up."

 

Children born to Joseph Dowe Essary (E5/1.1) and Char­lottee Cherby Eaves Essary (E5/1.6) in­clude:

 

    Mary Etta Essary                   (E4/1.1)  born in September 1874

    John Henry Augustus "Jack" Essary  (E4/1.2)  born in September 1877

    William A. "Pete" Essary           (E4/1.3)  born April 16, 1880

    Oscar Clinton "Tinker" Essary      (E4/1.4)  born February 6, 1882

    Joseph Robert "Bob" Essary         (E4/1.5)  born March 6, 1890

    Grover C. "Rad" Essary             (E4/1.6)  born April 22, 1892

 

"There were four other children, names unknown, who died in infancy, according to Es­sary research.

 

Mary Etta Essary (E4/1.1), daughter of Joseph Dowe Essary (E5/1.1) and Charlotee Cherby Eaves Essary (E5/1.6), was born in September 1874.  She was married about 1893 to Walter Thrash (T4/1.1).  Following a divorce she was remar­ried about 1897 to James Thomas Maxwell (M4/1.1).

 

They were enumerated June 16, 1900 in Stonewall County, Enumeration District, page 3:

 

        "Maxwell, James Thomas 24, born in Texas June 1875, father born in

                                   Tennessee, mother born in Tennessee, farm

                                   laborer

                  Mary E.      25, born in Texas September 1874, married 1 year,

                                   2 children, 2 living, father born in Ten­nessee,

                                   mother born in Tennessee

          Thrash, Rosie V.      5, born in Texas January 1895, step-daughter

         Maxwell, Ryburn R.  7/12, born in Texas October 1899, son"

 

The children were enumerated in the home of their grand­mother Charlottee Cherby Eaves Essary (E5/1.6) in the 1910 census of Frio County.

 

Children born to the first marriage include:

 

        Rosie V. Thrash          (T3/1.1)           born in January 1895

 

Children born to the second marriage include:

 

        Ryburn Ross Maxwell      (M3/1.1)           born in Octo­ber 1899

 

John Henry Augustus "Jack" Essary (E4/1.2), son of Joseph Dowe Essary (E5/1.1) and Charlottee Cherby Eaves Essary (E5/1.6), was born in September 1877 in Eastland Coun­ty.  He appeared as a 22-year-old in the census of his father's household taken July 3, 1900 in Motley County.  He was mar­ried about 1910, wife's name and place of mar­riage unknown.  He was remarried about 1915 to Annie Jo Adams (A4/1.1).  He was mar­ried for the third time February 23, 1931 to Mrs. Minnie Elizabeth Wilson Smart (W4/1.1), according to Chaves County, New Mexico Marriage Book J, page 80.  He was a resident of Artesia on May 23, 1944 when he was or­dained as an "Exhorter" by the Pen­tecostal Assembly of God for one year.  He was blind in his old age, according to Es­sary research.  He died February 21, 1968 in Carlsbad, and was buried in South Park Cemetery, Roswell.

 

William A. "Pete" Essary (E4/1.3), son of Joseph Dowe Es­sary (E5/1.1) and Charlottee Cherby Eaves Essary (E5/1.6), was born April 16, 1880 in Comanche County.  In 1904 he was homesteading in Quay County.  He killed a man in self-defense in Tucumcari, New Mexico.  After being jailed for 18 months and after going through a lengthy, expensive trial he was finally exonerated.  All of the Essary families re­moved back to Texas af­terward.  He was married about 1905 to Mrs. Maude Thrash, his divorced sister-in-law.  He died after 1948 in Roswell and was buried in South Park Ceme­tery.

 

Oscar Clinton "Tinker" Essary (E4/1.4), son of Joseph Dowe Essary (E5/1.1) and Char­lotee Cherby Eaves Essary (E5/1.6), was born February 6, 1882 in Eastland County.  He was employed as a cowboy by Gaither Cattle Company about 1900 and rose to a position of responsibility, handling cattle sales and receiving cash for his employer.

 

Linda Sue Betts Essary (B2/1.1) wrote of an occasion when he received a large cash payment in a cattle sale:

 

"It made Tinker a little apprehensive when other people knew he had a lot of money on him, and he was concerned that he might be robbed.  One day after a big sale he met a man in town who invited him to spend the night at his ranch on his way home.  He told Tinker that some additional busi­ness would delay his return home, but for him to go on out to the ranch and tell his wife that he had sent him.

 

Tinker arrived at the ranch and told the wife that her hus­band had sent him.  He attended to the horses, came into the house and she fed him some supper.  At bedtime she gave him a lamp and directed him to the bedroom where he was to sleep.  It was an upstairs bedroom which was directly over the main part of the house, but was reached by a staircase on the outside of the house.  He went to bed, but was awakened about midnight when the husband came home.  Tinker could barely hear the couple talking, but understood something about $400-$500 and a killing.

 

Then Tinker heard someone coming up the stairs.  Someone came into the room wearing a bonnet with a butcher knife in hand.  It looked like a woman, but Tinker thought it was the man in disguise who planned to kill him and take the money.  He silently pulled his pistol from beneath the pillow and pulled the hammer back, while pretending to be asleep.

 

The intruder set a lamp on the table and raised the butcher knife over the bed--and over Tinker's head.  At that instant he pulled the trigger.  The hammer caught in the covers, and the gun did not fire.  Then Tinker recognized the in­truder.

 

It was the woman!

 

She had come to slice some ham from the hindquarter that hung over the bed in the unheated room so that she could prepare some supper for her husband.  Tin­ker said nothing, and she left, but he was so unnerved that he could no longer sleep.

 

He dressed, went downstairs and told the couple what had almost happened.  When they learned that she had escaped death only by the thickness of a blanket, no one slept for the remainder of that night.  The rancher told Tinker that the robbery and killing he had overheard them discussing had taken place in town after he left."

 

He was married July 7, 1903 to 15-year-old Nellie May Leach (L4/1.1), according to Roosevelt County, New Mexico Mar­riage Book A, page 2.  She was born August 10, 1887 in Denton County, Texas, according to their marriage license application.  She was the daughter of Har­per Leach (L5/1.1) and Salita Catherine Glendenning Leach (G5/1.1).  His first job after their marriage was deputy U.S. Marshall at Logan, New Mexico, and they moved there in a wagon.  A year later they were still living in the wagon.  Their first child, born in the wagon, was "delivered by Tinker's mother who was a midwife," according to Essary research.

 

About 1905 Oscar Clinton "Tinker" Essary (E4/1.4) returned to Texas and settled at Turkey, Texas. 

 

They were enumerated April 15, 1910 at Fluvanna, Texas in the census of Scurry County, Enumeration District 231, page 1, precinct 2:

 

        "Essary, O. C.         28, born in Texas, married 7 years, farmer

                 Nellie        23, born in Texas, 3 children, 3 living

                 Della May      5, born in New Mexico

                 Joseph C.      4, born in Texas

                 Mary Edith 14/12, born in Texas"

 

About 1915 they returned to Turkey, and he began selling real estate out of the office of E. W. Miller, Realtor in Amarillo, Texas.  In 1919 he sold 18,000 acres of land and re­ceived $1-per-acre commission.  With the money he bought the Turkey Hotel, according to Linda Sue Betts Essary (B2/1.1):

 

"Nellie cooked and served the meals.  Tinker ordered Schlitz beer by the bar­rel.  Tinker had a broom factory in the back with two broom-making machines.  He bleached the broom­corn and made the brooms.

 

They lost the hotel in the recession of 1920, sold it for a frac­tion of its cost and went to work picking cotton 'by the hun­dred.'"

 

In September 1922 Oscar Clinton "Tinker" Essary (E4/1.4) went to Ft. Worth, Texas to work as a carpenter for Rock Is­land Railway, leaving his family in Memphis.  He ex­pected to earn $200 per month which was about five times the earnings of a carpenter in Memphis.  The job was uncertain, however, as he wrote in a letter to his family:

 

"We will loose our Jobs about [the] first or make good.  if I stay I Will send for you after the first of next mounth.  That seams like a year off and the strike is over so i was a week late in my Job and cant tell What i Will do . . . you boys make all you can for i may loose my Job the first of next Mounth.  I cant tell and my Boss dont know.  You Boys mind your mother and Work good for her and maby We want haft to live this Way allway.  i sure dont like to hafto Work away from home."

 

He soon returned home and resumed his real estate activity.  He collected $1,084 com­mission and invested it as down payment on a half section of land at $11 per acre in Bailey County, Texas about 1923.  He and a son built a two-room house on the property in eight days, and the family arrived at the farmstead near Baileyboro, Texas in two covered wagons pulled by eight mules.  The four teams of mules allowed them to field four plows, and 150 acres were put into cultiva­tion the first year.

 

Crops flourished on the virgin land.  Cotton turned out a bale to the acre, and milo produced a ton to the acre.  In a couple of years they were able to build a larger home.  He brought Mexicans in to build an eight-room adobe house with a livin­groom 20x20 feet.

 

In 1927 Joseph Dowe Essary (E5/1.1) came for a visit.  Linda Sue Betts Essary (B2/1.1) described the event:

 

"Joseph was driving a little covered wagon pulled by two mules.  It had a stove and a bed in it, similar to our modern-day RVs.  He stayed over a month.  This was the only time any of Tinker's children saw their Grandpa Essary and the first time Tinker had seen him for many years, and probably it was the last time he saw him.  He also visited his son Bob Essary at Lake Arthur before re­turning to his at Pettus, Texas."

 

In early 1930 the family removed to Hagerman, New Mexico followed a move a year later to Roswell. 

 

They lived two miles south of Roswell at the time of his death September 27, 1935 at age 53.  He was buried there in South Park Cemetery.  Nellie May Leach Essary (L4/1.1) was remarried July 20, 1936 to Alick P. Barnett (B4/1.1) who farmed near Baileyboro.  He was the father of Beulah Gladys Barnett (B3/1.1).  He died January 4, 1965.  Nellie May Leach Es­sary Barnett (L4/1.1) died May 25, 1977 in Ar­royo Grande, California.

 

Children born to Oscar Clinton "Tinker" Essary (E4/1.4) and Nellie May Leach Essary (L4/1.1) include:

 

    Della May Essary                 (E3/4.1)  born September 4, 1904

    Joseph Clinton Essary            (E3/4.2)  born April 19, 1906

    Mary Edith Essary                (E3/4.3)  born February 10, 1909

    Harper Leach Essary              (E3/4.4)  born June 8, 1911

    Carl Robert Essary               (E3/4.5)  born June 20, 1913

    Winnie Gladys Essary             (E3/4.6)  born February 27, 1915

    Oscar Clinton "Dink" Essary, Jr. (E3/4.7)  born June 13, 1917

    Jewel Evelyn Nell Essary         (E3/4.8)  born September 24, 1919

    Willie Newton "Bud" Essary       (E3/4.9)  born June 16, 1924

 

Della May Essary (E3/4.1), daughter of Oscar Clinton "Tinker" Essary (E4/1.4) and Nel­lie May Leach Essary (L3/1.1), was born September 4, 1904 at Logan.  She was married February 28, 1925 at Sudan, Texas to William Sher­man White (W3/1.1).  About 1958 she was remarried to Robert E. Chapman (C3/1.1) at Las Ve­gas, Nevada.  They lived in Arroyo Grande.

 

Joseph Clinton Essary (E3/4.2) son of Oscar Clinton "Tinker" Essary (E4/1.4) and Nel­lie May Leach Essary (L3/1.1), was born April 19, 1906 at Turkey.  He was mar­ried February 28, 1925 at Muleshoe, Texas to Beulah Gladys Bar­nett. (B3/1.1).

 

Mary Edith Essary (E3/4.3), daughter of Oscar Clinton "Tinker" Essary (E4/1.4) and Nellie May Leach Essary (L3/1.1), was born February 10, 1909 at Snyder.  She was mar­ried December 19, 1924 at Sudan to Farris Henry Mc­Carty (M3/1.1).  She died March 16, 1940.

 

Harper Leach Essary (E3/4.4), son of Oscar Clinton "Tinker" Essary (E4/1.4) and Nellie May Leach Essary (L3/1.1), was born June 8, 1911 at Snyder.  He was married January 1, 1936 to Matymae Johnson (J3/1.1) at Roswell.

 

Carl Robert Essary (E3/4.5), son of Oscar Clinton "Tinker" Essary (E4/1.4) and Nellie May Leach Essary (L3/1.1), was born June 20, 1913 at Snyder.  He was married December 26, 1931 at Roswell to Clara Opal McCarty (M3/1.2), believed to be a sister to Farris Henry McCarty (M3/1.1).  She was a daughter of Hugh Jackson McCarty (M4/1.1) and Nora Maureen Clay McCarty (C4/1.1).  She was born February 16, 1915 at Afton, Texas.  She died December 24, 1973 at Por­tales.  On October 22, 1974 he was remarried to Mrs. Mary Ethel Foster Ferguson (F3/1.1).  He died October 20, 1977 in Roosevelt County.

 

Children born to Carl Robert Essary (E3/4.5) and Clara Opal McCarty Essary (M3/1.2) include:

 

        Nora Carlene Essary   (E2/5.1)   born June 9, 1934

        Shirley Vonne Essary  (E2/5.2)   born June 29, 1939

        Bobby Wayne Essary    (E2/5.3)   born March 21, 1941

        Harold Don Essary     (E2/5.4)   born June 30, 1943

        Hershel Dale Essary   (E2/5.5)   born September 9, 1946

        Billy Joe Essary      (E2/5.6)   born June 9, 1948

 

Nora Carlene Essary (E2/5.1), daughter of Carl Robert Es­sary (E3/4.5) and Clara Opal McCarty Essary (M3/1.2), was born June 9, 1934 at Baileyboro.  She was married Septem­ber 16, 1950 to Elmer James Feland (F2/1.1).  Two sons and two daughters were born to them.  They were divorced in April 1982 in Andrews, Texas, and she was remarried at Lovington, New Mexico April 6, 1982 to Joe Pascal Zant (Z2/1.1).

 

Shirley Vonne Essary (E2/5.2), daughter of Carl Robert Es­sary (E3/4.5) and Clara Opal McCarty Essary (M3/1.2), was born June 29, 1939 at Baileyboro.  She was married in Roo­sevelt County June 23, 1956 to Donald William Kryder (K2/1.1).  Two daughters and a son were born to them be­fore they were divorced.

 

Bobby Wayne Essary (E2/5.3), son of Carl Robert Essary (E3/4.5) and Clara Opal McCarty Essary (M3/1.2), was born March 21, 1941 in Baileyboro.  He was married July 15, 1961 in Valencia County, New Mexico to Lois Geraldine Santo (S2/1.1).  Two sons and three daughters were born to them.

 

Harold Don Essary (E2/5.4), son of Carl Robert Essary (E3/4.5) and Clara Opal McCarty Essary (M3/1.2), was born June 30, 1943 at Baileyboro.  He was married June 23, 1968 at Portales to Linda Sue Betts (B2/1.1).  She was born there February 14, 1946 to James Arthur Betts (B3/1.1) and Mamie Lou Easter Betts (E3/1.1).  In November 1987 he was a farmer, and she a teacher at Floyd.

 

Linda Sue Betts Essary (B2/1.1) has made a detailed re­search of the Dyches, Eaves and Essary family histories, and it is through her courtesy that much of the material in this section appears in this manuscript.

 

Children born to them include:

 

        Jeffrey Harper Essary      (E1/4.1)       born February 27, 1973

        Amanda Kate Essary         (E1/4.2)       born November 10, 1977

 

Hershel Dale Essary (E2/5.5), son of Carl Robert Essary (E3/4.5) and Clara Opal Mc­Carty Essary (M3/1.2), was born September 9, 1946 in Roosevelt County.  He was mar­ried June 29, 1968 at Santa Cruz, New Mexico to Lyda Ann Peabody (P2/1.1).  Two sons and a daughter were born to them.

 

Billy Joe Essary (E2/5.6), son of Carl Robert Essary (E3/4.5) and Clara Opal McCarty Essary (M3/1.2), was born at Portales June 9, 1948.  He was married at Belen, New Mex­ico July 6, 1968 to Ester Lorene Clark (C2/1.1).  They were divorced in November 1979, but were remarried September 27, 1980.  Four sons were born to them.

 

Winnie Gladys Essary (E3/4.6), daughter of Oscar Clinton "Tinker" Essary (E4/1.4) and Nellie May Leach Essary (L3/1.1), was born February 27, 1915 at Turkey.  She was mar­ried July 6, 1931 at Roswell to William Lester "Tom" Monk (M3/1.1).  On December 4, 1948 she was remarried to Charles Edward O'Connor (O3/1.1).

 

Oscar Clinton "Dink" Essary, Jr. son of Oscar Clinton "Tinker" Essary (E4/1.4) and Nellie May Leach Essary (L3/1.1), was born June 13, 1917 at Turkey.  He was married December 1, 1935 at Muleshoe to Nelwyn Louise Lane (L3/1.1).

 

Jewel Evelyn Nell Essary (E3/4.8), daughter of Oscar Clin­ton "Tinker" Essary (E4/1.4) and Nellie May Leach Essary (L3/1.1), was born September 24, 1919 at Turkey.  She was married September 20, 1936 at Roswell to Leslie Davis Rich (R3/1.1).

 

Willie Newton "Bud" Essary (E3/4.9), son of Oscar Clinton "Tinker" Essary (E4/1.4) and Nellie May Leach Essary (L3/1.1), was born June 16, 1924 at Baileyboro.  He was married March 14, 1947 to Evelyn Blair (B3/1.1) at Roswell.  On January 7, 1977 he was remarried to Delores Darlene Replogle (R3/1.1) in Las Vegas, according to Essary re­search.

 

Joseph Robert "Bob" Essary (E4/1.5), son of Joseph Dowe Essary (E5/1.1) and Charlottee Cherby Eaves Essary (E5/1.6), was born March 6, 1890 in Stonewall County.  He was mar­ried in 1914 in Scurry County, to Alice Emily Adams (A4/1.2), sister to Annie Jo Adams (A4/1.1).  In 1927 they lived at Lake Arthur.  He died in 1942 in Roswell and was buried in South Park Cemetery.

 

Grover C. "Rad" Essary (E4/1.6), son of Joseph Dowe Es­sary (E5/1.1) and Charlottee Cherby Eaves Essary (E5/1.6), was born April 22, 1892 in Kent County.  "Grover was con­victed on a murder charge and did time in Huntsville State Prison, but it was his brother Bob 'who done it,'" Linda Sue Betts Essary (B2/1.1) wrote July 9, 1986.  He was married in Portales July 7, 1930 to Hattie Pearl Brown (B4/1.1).  He died February 22, 1968 in Roswell and was buried in South Park Cemetery.

 

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Arlee Gowen          806/795-8758 or 806/795-9694

5708 Gary Avenue

Lubbock, Texas, 79413          DYCHESMS.024, 12/29/90

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