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