Grass Widows And The Best Little Whorehouse In Texas

 

 

This blog post will be LONG and maybe a bit convoluted, but it is as an attempt at explaining how old newspaper articles helped me from getting the wrong story on a certain branch of my family tree.

I'll start with my 4th great grandfather, Alford Wooliver. I'm not sure if his name was actually Alford or Alfred as it is spelled both ways 50% of the time on all his records. Alford was the father of Annie Wooliver and she is half of who the title is referring to. But for the backstory I'm going to start with her father.

Using the 1850 census as a starting point I know that 'Alfred Woliver' was born about 1804 in NC. He is living in District 6, Bates County, Missouri with his second wife, 26 year old Mary (Shivers), a 19 year old David Woliver also born in NC, a 17 year old Mary who was born in TN, a 13 year old James born in MO, a 12 year old John born in MO, my 3rd great grandmother Minerva Jane who was born in MO, an 8 year old Malvina born in MO, a 2 year old Frances born in MO and a one month old Sarilda also born in MO. This family is living right next door to 53 year old Thomas Shivers who was born in SC.

Before Mary Shivers, Alford Wooliver was married to Sinai Compton. They were married 17 May 1835 in Johnson County, MO.




If we assume all the people named above were indeed children of Alford's then we can assume that Sinai is not the mother of David Woliver (b. 1831 NC) or Mary Woliver (b. 1833 TN).

Since Sinai isn't listed with the family in 1850 and 8 May 1845 in Henry County, MO there is a marriage index for Mary S. Shivers and Alfred Wolaver, I will  assume that Sinai died possibly from childbirth.

Again using the birthdates from the 1850 census and marriage dates I will say that Alford Woolever and Sinai Compton were the parents of James, John, Minerva and Malvina. And he and Mary Shivers were the parents of Frances and Sarilda.

By 1860 most of this family has moved and settled in Texas.

I'm not certain where the oldest two children, David and Mary are, but James is listed with his father, step-mother, and the following half-siblings in Burnet, Texas: Francis( from the previous census) and new additions Alford Jr, Malissa, Elvira and Susan. One month old baby Sarilda isn't listed. John isn't listed nor have I found him in any 1860 census record but in Jan 1860 at Liberty Hill he's shown as being enlisted with the Mounted Rangers and in 1862 he is shown as having enlisted to fight with the CSA at Burnet with the 21st Texas Cavalry. He later died 23 Dec 1863 at Lake Bluff, AR during the war. My ancestor Minerva is a newlywed living with her husband Killian Rich just a few houses down. Killian's parents were living right next to Alford and Mary. Malvina isn't listed in the 1860 census but there is a marriage record for her and John Thomas Scott out of Burnet, TX for 18 Feb 1860. Her full  name is Nancy Malvina Woolover. (As you can see there are a million different ways to spell this surname!)

I can't find the Alford and Mary at all in 1870. James is also unaccounted for. John has passed away, Minerva and her husband Killian are also unaccounted for. Malvina is with her husband and the following children, Ricky, Margaret, Lucy and John, living in Colorado County, TX. Francis isn't listed in the census but she did marry a Thomas Benton Gentry on 24 April 1870 also in Colorado County, TX.  Malissa, Elvira, and Susan will still be with their parents.  By 1880 Alford Sr. has passed away according the census and Mary is living in Colorado County, Texas with Alford Jr, Elvira, Susan and a new child Annie who was born in 1862. I'm not certain of Alford Sr's death date but considering that Mary Wooliver is listed on the Tax rolls in 1879 I'm going to assume that Alford passed away before then.

Here is where the story begins.

When Annie showed up on the 1880 census I recently did a little digging on her line and she is now the topic of this post.

In Colorado County, Marriage Book F, page 360, There is an Annie E. Wooliver transcribed as marrying a J. F. Flournoy on February 13, 1884, they were married by J. S. Miles, minister of the gospel. I later find that J. F. should've been J. T for John Thomas Flournoy.

I never find Annie and her husband together in a census record. In 1900 she is living with her brother Alford Jr, her mother, Mary and the following children, Edward (14), Gertrude (11), Lee (8), and Ben (5). In Justice Precinct 2, Colorado County, Texas. She lists her marital status as "Widowed" so I naturally assumed John Thomas Flournoy had died. But he hasn't and this is how I discovered the facts.

When began researching the oldest child, Edward Flournoy,  I discovered his full name to be Edward Gi bson Flournoy from his Find-A-Grave page. But then something peculiar shows up. There is an Edward G (14) and Thomas L Flournoy (7)  living with their grandparents Mordicai and Martha Flournoy in Justice Precinct 3, Colorado County, Texas. I keep this on the back burner for later.

In 1910 he is listed as the head of the household in Justice Precinct 5, Colorado County TX, living with his brother Lee and a few cousins, William Walker (45), William McCullough (28) and Curly Williams (20).

In 1917-1918 he registers for the WWI draft. Lists his occupation as "idle" (I found that funny). Later goes on to say he isn't presently employed and lists his closest relative as Mrs A E Flournoy and his address as Port Arthur, Jefferson Texas.

I then found his death certificate. He is listed as the son of J T Flournoy and Anna Wooliver. Then I and began searching Newspapers.com. for the surname 'Flournoy' in TX before and up to his death date and found several articles that tell me a little about him.

In 1931 an article from The Colorado Citizen says that Ed Flournoy along with a Mr. and Mrs. Tom Flournoy and their son Mike visited in Refugio. They were accompanied by a Mr. and Mrs. Royce Flournoy.

In 1940 an article of little genealogical significance mentions Ed Flournoy as the recipient of appreciation from a Mr. Jenkins for helping park cars for the county-wide barbecue.

In 1941 Ed Flournoy is announced as a deputy under Sheriff Harvey Lee of Weimar, TX.

In 1942 Ed Flournoy is appointed as a bailiff for the district court.

Then in The Weimar Mercury, 20 April 1945 I find his obituary.
It tells me he was the oldest son of J T and Annie Flournoy, that he never married and then it lists who survived him.

 

Wait. A stepmother? If his mother was a widow how does he have a step-mother? I know he had a sister named Gertrude. And brothers Lee and Ben. Who are Jim, Royce and Mike? The latter two were mentioned in the 1931 article too. And if Mike was the son of Mr. and Mrs. Tom Flournoy is Tom actually John Thomas Flournoy?

I go back and erase the death of John Thomas and add a spouse, first name Etta, and there in 1920, Rock Island, Colorado, Texas,  I find a JT Flournoy married to an Etta living with his father, M G Flournoy. Children in the home are Jim (17), Dixie (14) Royce (13) and Hick (3). There's the Jim and Royce from the obituary.

And then after searching Flournoy and Hendron (Gertrude's married name) I find this article from 8 June 1967 in the Weimar Mercury.





Mordicai Gibson and Martha Jane Flournoy will be the grandparents in the 1900 census that Edward Gibson and Thomas Lee were listed in. I have no idea why they were listed twice in two separate homes other than when they're listed with their mother and uncle the enumeration date was 5 June and when they're listed with their grandparents the enumeration date was the 10 June. And Mordicai Gibson is the MG that John Thomas, his wife, and children are living with in 1920. Also in the article is Lee Flournoy, Ben Flournoy, Gertude Flournoy Herndon, T. J. "Jim" Flournoy and H.R. "Mike" Flournoy.

I continued to gather evidence and piece this family together separating full and half-siblings and then I decided to vent my frustration on the Ancestry Facebook Group about Annie being listed as a widow when her husband was still very much alive.  Then came a response from a Janet Carlson (who is always full of helpful ancestry advice). She said "There is more than one type of a widow. Research the term "grass widow". I did, and here is what I found:

 Word History: Grass widow is first recorded in 1528, and originally referred to an unmarried woman who has lived with one or more men, a discarded mistress, or a woman who has borne a child out of wedlock. The grass in grass widow seems to have originally made reference to the makeshift bed of grass or hay (as opposed to a real bed with a mattress and sheets) on which a woman might lie with her lover before he rises and abandons her—leaving her a widow, so to speak, in the grass. Throughout the Middle Ages and the Renaissance, grass and the color green in general had sexual connotations, in allusion to the green stains left on clothing after rolling in the grass. (The lyrics of the 16th-century song Greensleeves, for example, give voice to the sufferings of an abandoned lover.) By the middle of the 19th century, however, grass widow had come to refer mainly to a wife whose husband is temporarily absent or one who is living apart from her husband. In colonial India, for example, it was used of British women who, during the hot season, went off to enjoy the cool of the hills while their husbands were stuck at their jobs in the heat of the plains. Although the reason for the change in meaning is not known with any certainty, people may have interpreted the grass in grass widow as equivalent to pasture, as in the expression out to pasture. Nowadays, the term grass widow can also refer to a wife who has separated from her husband and to a divorced woman.

 So Annie wasn't misrepresenting the truth. This was a common term. I love information like this!

 

While trying to piece together this puzzle and differentiate full siblings from half-siblings so I can place them with their correct mothers I did some more digging and I find the obituary of Thomas Lee Flournoy who mentions his brother 'Sheriff Jim'

 

 

This led me to search for "Sheriff Jim Flournoy" and this is what I found:

 

How about that! Now, 'Sheriff Jim' isn't related to me through blood, because his mother was Martha Etta Holbrook Flournoy. But this little nugget sure was an interesting find.




In closing, I hope you were able to keep up. And I hope you learned a few things. Like not to carve your assumptions in to stone and how helpful old newspaper articles can be.

Until next time,
Becky

And as always, be sure to check in with my sister-in-law's blog over at Days of Our Lives.

Civil War Roll Call

This won't be a blog post full of immense detail unless I come back to edit it. For now it will just be a quick reference of my Civil War Ancestors with the units they were in. If the name is highlighted that means a blog post has been written about them or they are at least mentioned. Maybe if I'm having writers block this will be a good place to come back to for writing material. Hopefully every name will eventually be highlighted.

Some of these men fought for the duration, some were imprisoned, some died from disease, some at the hands of bushwhackers, but I don't believe I had any that died from injuries sustained during battle.

• John Middleton Nall (3rd great grandfather) - Co. H 19th Texas Infantry, CSA
• Thomas Franklin Rutherford (3rd great grandfather) - Co. A 34th Mississippi Infantry, CSA
• Asa Franklin Moore (4th great grandfather) - Co. G 34th Georgia Infantry, CSA
• Malcolm 'Mack' Foster (3rd great grandfather) - Co. D Stone's Regiment, 2nd Partisan Rangers, CSA; no service records found, only pension.
• James Martin Bass (3rd great grandfather) - Co. E 1st Regiment Alabama Cavalry; no records found, only pension index.
• Francis Marion Melson (3rd great grandfather) - Co. A 2nd Arkansas Infantry, USA
• Absalom Patton Melson (4th great grandfather) - Co. A 2nd Arkansas Infantry, USA
• John Leander Martin (4th great grandfather) - Co. A 2nd Arkansas Infantry, USA
• William Henry Boyer (5th great grandfather) - Co. F 10th Reg't Arkansas Militia, CSA; Co. L Hill's 7th Reg't Arkansas Cavalry, CSA switched sides Co. A Arkansas 4th Infantry, USA transferred Co. I Arkansas 2nd Infantry, USA
• William Bynum (4th great grandfather) - Co. D 2nd Arkansas Infantry, USA
• Levi Pitts (5th great grandfather) - Co. H 2nd Arkansas Infantry, USA
• James M. Boen (4th great grandfather) - Co. H 26th Arkansas Infantry, CSA
• William Stepp (3rd great grandfather) - Co. A 60th North Carolina Infantry, CSA
• William Gordon Acord (4th great grandfather) - Co. H 10th Arkansas Militia, CSA
• Joseph Josiah Evans (3rd great grandfather) - Co. C 8th Missouri Cavalry, USA
• James Kossier (4th great grandfather) - Co. H 1st Regiment Texas Infantry; no records, only  index card
• Worley Daniel Linville (4th great grandfather) - Co. E Third Alabama Reserves (Lieutenant)

I have two ancestors that were the right age that I can't find any record for involvement in the Civil War:

• Abner Merrell/Merrill (3rd great grandfather) - North Carolina -- One researcher says Abner paid someone to fight on his behalf.
  
  
  
• Killian Rich (3rd great grandfather) - Texas -- Since found one document saying he was a Private Co. Spear's R Corps C.S.A
  
  

I suggest this film by Ken Burns to get a deeper glimpse into the war:

Death And The Civil War or these excerpts from his series The Civil War.

John Middleton Nall - Confederate POW

My recent post on Thomas Franklin Rutherford and the resources I came across while researching has prompted me to research another Confederate War ancestor. My 3rd great grandfather, John Middleton Nall.

John was the son of Thomas J Nall and Catherine Harris. He was named after Thomas' brother Middleton F Nall. John was born 24 Mar 1829 - this date comes from his headstone, but I don't believe it is correct. In the 1830 Henry, Georgia, census Thomas doesn't have any male children in his household, only a young girl under 5, more than likely John's sister Margaret. I believe John was actually born closer to 1833. Its the age given in the 1850 census as well as the age given when he enlisted into the military.

In 1840, John is listed as the only male child 5-9 living in Meriwether, Georgia, with his father. Also in the household are two male children under 5 (Nathan & Davis), Thomas is listed as being between 30-39 and cannot read or write. There is a female child 5-9 (Margaret) and Catherine is listed as being between 30-39 and also cannot read or write.

In 1850, John is listed by his initials last name Nale  still living in Meriwether, Georgia. His older sister Margaret has since married a Harris Scroggins and is living in Coweta. But still living at home with Thomas and Catherine is Nathan, Davis, and a new member to the family, 6 year old little sister D S A Nale. I never have found her in any of the other records. I don't know if she died or married extremely young. She isn't with the family in 1860.

Sometime between 1850 and 1857 when I find my next record, this Nall family traveled about 650 miles to Rusk County, TX (Nathan Harris Nall's widows pension application says that the family moved here in 1857).

On 6 Aug 1857 John Middleton Nall marries Mary Jane Garner in Rusk County, Texas. I'm uncertain of her parentage. I know she was born in 1838 in GA. I thought she may have been the daughter of Thomas W Garner and Sarah Reeves, but I'm not confident in that assumption. <---- wrong assumption. Read on to see how I find her REAL parents.

Three years later this young family is still living in Rusk, TX.  Right next door to his father. Their post office is listed as Minden. There are twin little boys listed with the family under the initials DH & S Nawls. They are six months old. I later discover D H to be David Harrison. I think S must have died as an infant because I never see him again. Also living with this family are John's sister Margaret, her husband and their children, James T, C A (female), John E and Wm F Scroggins.

The next few years would be very difficult for this family and countless others across this nation. On 10 May 1862 John  Middleton Nall enlisted into Capt. Harvey Wallace's Co., Waterhouse's Regiment at Minden, Rusk, Texas. This unit later became known as Co. H 19th Texas Infantry.

"Walker's Texas Division Battle Flag - This flag, from a...n unidentified Texas regiment, is inscribed with battle honors "Mansfield, April 8th 1864" and "Pleasant Hill, April 9, 1864." This flag is important for two reasons. First, it was carried by a Texas unit in the two desperate Louisiana battles that turned back Union General Nathaniel Bank's Red River Expedition, thus saving east Texas from conquest. Second, it is one of only two so-called Taylor battle flags still in existence. [Taylor flags are named for General Richard Taylor, son of President Zachary Taylor, and Confederate commander in western Louisiana.] The Taylor flags are unusual because they are Saint Andrews cross rebel flags with the colors reversed, i.e. a blue field instead of the famous red field, and a red rather than blue cross with white stars."

Co H 19th regiment Texas Infantry was attached to the 3rd Brigade (along with the 16th Infantry, 16th Cavalry, 17th Infantry and Captain Edgar's Battery of Light Artillery). This brigade with 3 others was placed under the command of Major Gen'l John G. Walker and was known as 'Walker's Division' until the close of the war. So the above flag is the one my ancestor would have more than likely fought under.

Right from the start (remembering he enlisted in May '62) he was a victim of the outbreak of measles, dysentery, and diarrhea that killed twenty-four men and necessitated leaving between thirty and forty sick behind. He was left in Jefferson, TX in Aug. I'm sure he had barely recovered when he had to march to Camp Nelson in AR during the Sept-Oct muster and had to be left behind at a convalescent camp in Little Rock. He registers as present in Jan & Feb at Camp Wright in AR but was once again absent from muster due to illness in May-June '63 He was in Monroe, LA while the rest of his regiment was 'in the field'. He makes muster in July-Aug at Camp Texas, LA as well as Camp Bayou in Sept & Oct but is still noted as sick. He is STILL sick but makes muster in Jan & Feb at Fort DeRussy where he is shot in the shoulder and captured March 14.

Can you imagine all those miles marching, and fightin in hot and cold, carrying your rifle (which was NOT as light as one may think) while recovering from the likes of dysentery for over a year?

In all his service records he's listed as a Private except for the records documenting his gunshot wound and capture. In those records he's listed as a Corporal. According to those records he was taken to New Orleans and on July 22 1864 he was transferred from there and exchanged at Red River Landing. At some point prior to the exchange John Middleton was taken to the USA General Hospital in Baton Rouge where his gunshot wound was treated. He was to 'Return to Duty' April 30th 1864, a little over 6 weeks after he we shot, at which he was turned over to the Provost Marshall.

Below is a picture of the hospital where he was treated. There is a medical card in his file that only gives his name, unit and rank (here it says Pvt) with the following number: 1787156

After his exchange I'm not sure what happened. Did he return to his unit? I'm not sure. The only record after that date is one for a Regiment Return April 1865 where under the heading for "Absent enlisted men accounted for" it says: Detached Service. Post Duty. Marshall. Feb 7/65 S.O. 34 Dept Hd qrs 

I have no idea what any of that means, but I'm looking into it.

I do know that in February 1865 John Middleton Nall's family makes it onto the list of Indignant Solder's Families, Rusk County, Texas with 3 dependents. By 1865 the members of John's family NOT including himself would've been his wife, Mary Jane, his son David, and then my ancestor John Thomas who was born about 7 April 1861 (according to his Death Certificate). This would mean baby 'S' had already passed away. This list was of the soldiers and families that were "without the means of comfortable support" at the close of the war. I wonder if baby S Nall died from malnourishment?

In 1870, John had survived the war and this family, reunited,  is still living in Rusk County, but this time their post office is listed in Henderson (about 12 miles North of Minden). All members listed are John, Jane, David, John T. Sarah and Ophelia.

In 1880 they had moved to Collin County, Texas. Those listed are John, Mary J, Sarah, P O (Percelley Opehlia), C A (Charles Alexander/Elexander) and J W (James Wesley).


In 1899 John files for pension from Waxahachie, Ellis County, Texas. There isn't too much new information to be gleaned from this file. It does state that he has lived in Waxahachie for 5 years. BUT I just now picked up on something! How have I missed this all these years? In his application one of his witnesses is JJ GARNER. John Middleton's wife's maiden name is GARNER!

{Sidebar: JJ Garner is Josiah J. Garner whose father was John R. Garner Jr. Guess who Josiah J. Garner is married to. Mary A. Nix. Guess who else was a witness in John Middleton's pension application. Thomas L Nix Sr! Thomas Nix Sr. is Mary A. Nix's half brother. Thomas also was a member of Co H. 19th Texas Infantry. Also in Co H 19th Texas Infantry is a J T Garner aka John Thomas Garner who is also the son of John R. Garner Jr. Folks I think I just found Mary Jane Garner's siblings/parents! So  much for nothing new being gleaned, lol.}

{{Sidebar to my Sidebar -THIS is one reason I love blogging. It makes me slow down and take in ALL the information in a more concentrated manner and I often times pick up on things I otherwise would've missed. End Sidebar(s)}}

The other witness in this pension application is Joseph Mabra who claims to have known John since 1847. Joseph shows up in the 1860 census just a few doors down from John. He mentions that John was wounded in the shoulder AND the jaw during the war. John's pension was approved, file #01233.

In 1900 John is living in Ellis County, Texas. Several children have since moved out and married and there's a new child listed. Everyone listed this time is John, Mary J, Alexander, and Lenny (daughter) who is 19 so she barely missed the last census. John can read and write and he rents his property. Occupation is listed as farmer.

In 1910 John is living with his son Charles Elexander and his family in Hall County, Texas. Mary isn't with him and she doesn't show up anywhere else. She's still alive as she shows up in the 1920 census with John, their granddaughter Alice Hester (daughter of Pervelly Ophelia and Oscar Hester) and their son James Wesley still in Hall County, Texas.

On 8 March 1922 John Middleton Nall passed away. He is buried in Lakeview Cemetery in Memphis Texas. Mary Jane went on to live another nine years before she joined him.

Memphis Democrat 16 March 1922

Until next week,
Becky

As always please take the time to check out my SIL's blog Days of Our Lives

Prohibition And The Age of Lawlessness

 

I've kind of gotten away from the 52 Ancestors blog prompts lately. This will be my second "rogue" post. The reason, you may be wondering, is because I recently came across a story that is too good to not write and I can't wait for a prompt that would fit it! The story won't be about a direct ancestor, but rather David "Dave" Williamson Rutherford, the brother of my 2nd great grandfather, James Walter Rutherford.

Dave Rutherford was the 7th child born to Thomas Franklin Rutherford and Martha Ann Wright. And the first of their children to be born in Texas. According to his WWI draft registration, Dave was born 11 April 1880 and considering his parents show up in the 1880 Ellis County Census it is probably there that he was born.

According to transcribed records, on 27 Oct 1899, David W. Rutherford married Rachel Paralee Close in Coleman County, Texas. They were married by an Elder of the Methodist Church, Mr. William Charles Hilburn.

In 1900 this newly married couple is found in the Coleman County census living in between his parents and David's sister Minnie Elizabeth who is now married to Francis Marion Close (I believe him to be Paralee's brother). He owns his home but it is mortgaged and his occupation is listed as a Farmer.



Seated are Thomas Franklin and Martha Ann. Standing is David and Paralee

In March 1906 Dave's father passes away.

In 1910 Dave and Paralee are living on their own in Coleman County. No children*. His mother Martha is living up in Childress with her daughter Minnie Elizabeth Rutherford Close.

In 1917 David registers for the draft. He is 38 years old, medium height and medium build. He has blue eyes and grey hair. Another interesting piece of information from this record his is occupation. He says he is a 'Rental Agent' and his employer? Mrs. M.A. Rutherford (his mother). His place of employment is listed as Santa Anna, Texas.

In 1920 according to the census, he is living with his wife in Buffalo School District, in Coleman County, TX. There are no children listed with the family. His mother, Martha, is now living with him.

This is where the plot thickens.

Dave was in his mid to late 30's when Prohibition was taking the country by storm. Fear that 'the drink' was causing a decline in the family dynamic as well as the social damage and individual wreckage that alcohol consumption too often seemed to cause, some Americans sought to persuade citizens to refrain from drinking liquor. In 1919, when Dave was 39, Texas voters approved a state prohibition amendment.

At some point Dave began to take up with a neighbor by the name of J L Parnell (or maybe it was the other way around). In February of 1921 it was discovered by Prohibition Agent RD Schumate, that Mr. Parnell had a 15 gallon still in the upstairs of his home. Somehow our Dave was tied to this and he and Jim Parnell were arrested and taken to the jail in San Angelo where bond was set at $1500. That is $18,155 in today's money!




Identification card of Prohibition Agent R D Shumate




Brownwood Bulletin (Brownwood, Tex.), Vol. 21, No. 106, Ed. 1 Friday, February 18, 1921



 



I guess that much money and jail time wasn't enough to convince Dave of the dangers of alcohol during the time of prohibition because almost exactly 3 years to the day Dave's life all begins to come to an end. On 16 Feb 1924 Deputy Sheriff Joe H. Griffith and Constable W. L. Connolly attempted to arrest him on the minor charge of intoxication. When the officers approached him, he shouted "Don't arrest me!" and then pulled out his .38 and began to shoot. He shot Griffith in the stomach and Connolly in the thigh but they returned fire and Griffith landed a shot to Dave's head. One article said it went through his head but missed his brain while another reported that he was shot through the jaw. At first it was thought that he wouldn't recover but Dave pulled through. Unfortunately Sheriff Griffith did not.

Taken from Tippah County Rutherford's Page

RAY STOCKARDS ACCOUNT

Dave Rutherford was well known and liked here in De Leon (Santa Anna) He had the reputation of being a fair man and of not putting up with a lot of guff from anyone. He came here about 1920 as I recall and bought a little place outside of town and built a house there.

Dave and his little wife lived there and that is where Dave ran his business from. Dave was a bootlegger and sold some real good moonshine. Understand being a bootlegger in those days was not something to be particularly ashamed of. Dave was looked up to and respected in the area because he never cheated anyone and kept out of other folks business.

It was his bootlegging that got him in trouble and it happened this way:

The local sheriff was a man name of Joe Griffeth or Griffin I don't recollect which. Everyone called him “Uncle Joe". This sheriff used to try and get a portion of all the bootlegging and other illegal activities in the town. He and Dave didn't see eye to eye on some things and had had trouble in the past. Once Joe tried to bully Dave into paying him a part of his bootlegging money and they got in a fistfight over it. Dave knocked Joe out cold and went home. When Joe came to he vowed to kill Dave the first time he got half a chance. Folks here figure if Joe had just asked nicely Dave would have given him some money. Dave was like that. He Just didn't like to be bullied and wouldn't put up with it.

The whole thing came to a head one night in February of 1924. Dave had come to town to deliver some whisky, which he put, under a sort of dock in the alley behind the store. I owned a restaurant at the end of the alley where it all took place and I went outside when I heard someone arguing out there.

Dave had come to town in his wagon and had tied up in the alley. Joe and the local constable, a fellow named Conneley, were talking to Dave who was standing in his wagon in front of the seat. Joe told Dave he was under arrest for bootlegging and Dave asked if he had a warrant. Joe said " I don't need a warrant to take the likes of you to jail. Dave said " you are going to need one real bad before you get me there".

The constable, Conneley, was standing in front of the wagon holding the horses so Dave couldn't go anywhere. Joe reached for his gun and Dave opened his coat and pulled his and the shooting started. I didn't see who fired first but Dave shot two shots that hit the sheriff in the stomach. Connely took off running down the alley and Dave gave him one in each hip pocket to hurry him along.

Dave had an old German Luger. (Probably a war trophy from WWI ) ed. He turned back partly toward Joe just as Joe fired and Dave fell off the wagon. The whole thing took maybe half a minute.

Joe come down the alley and asked if he could use the phone to get a doctor and call his wife. He said he didn't think he would survive and he didn't. Joe had a big potbelly and Dave put two bullets in it. When the doctor got there they took Joe and Connely into the store to treat them. The doctor told Joe he was in bad shape and was not going to live. Connely wasn't hurt much but I never heard a person take on so in all my life. You'd of thought it was him was killed. During all this time no one paid any attention to Dave who was still laying outside by the wagon. Finally someone decided to go see if he was alive. Turned out he was. He had been shot through the jaws just in front of his ears but he was conscious. The doctor pulled a silk handkerchief completely through the wounds and said that was all he could do there and that Dave might just make it to the hospital but probably would not live.

They got Dave to the hospital and he did live and recovered completely. The doctors at the hospital told Dave he was not going to make it. Dave couldn't talk so he reached up and pulled a pen from the doctor’s pocket and wrote on the sheet not to worry about him because he would be all right.
Dave's  mother, Martha Ann, died later that same year.







 

 

One year later Dave Rutherford received his sentence for the murder of Sheriff Joe H. Griffith. In May of 1925 after only 2 hours of deliberation he was given life in prison.















I guess when you've been sentenced to life in prison you really don't have much to lose. Dave appealed this verdict but fearing the worst decided to take matters into his own hands. In November of 1926 while awaiting the verdict on his appeal he escaped from the prison in Brownwood by sawing his way out of his cell with a shoe spring and then tying blankets together to make a rope to lower himself out of the building.

If you want to read text from the 1926 trial of Dave W. Rutherford vs. The State, with witness testimony, click here. <--This is quite a find! It sounds like Griffith and Dave had quite a history.

If you're like me you're wondering what a shoe spring is. According the link above a shoe spring or a spring plate was a piece of carbon graphite that was lighter than a feather but stronger than steel. While the link above is a rather new item, there was a patent for a spring loaded arch support as early as 1920.

 

 

 

 

Dave was able to enjoy his freedom for only a year before being recaptured. During that year he took the alias of Crude and began employment with a pipe line crew around Eldorado. In late August 1927, while enjoying his meal at a local restaurant, Deputy Sheriff Leslie Galbreath, recognized Dave Rutherford and called in for back up. He and W.E. Young the deputy for the Humble pipe crew later made the arrest. I don't know if the remark made by Dave upon arrest was sincere or some sort of arrogance. The article claims the reward for Rutherford's capture was only $100 but when Dave was captured he admitted to being the man they were looking for and claimed to be worth $1000, telling Galbreath not to hand him over until he got his thousand dollars.

In September of 1927 Dave Rutherford shows up in the Texas, Convict and Conduct Register, age 47, 5'9" and 157lbs. Is listed as a Christian and his shoe size was 8. He smoked and had attended school for 7 years. He was confined to the State Penitentiary in Huntsville, Walker, Texas. At some point he was moved to the State Sanitarium in Angleton, Texas where on the 28 of August 1928 he got into a knife  fight with another convict named J E Edwards at the kitchen on the Ramsey State Farm where they worked. He "recovered" from his wounds to the point of dying one month later on 25/6 September 1928. None of this was initially known. It seems the prison wanted to cover up their lack of medical care because in their books cause of death was listed as 'heart block' and when they sent his body back home to Santa Anna slashed all over with stab wounds and gashes they included a death certificate with a cause of death listed as 'heart failure'. Just a few days later on 3 Oct 1928, Dave's faithful widow Paralee demanded a probe into the death of her husband where the truth was finally made known.

An interview passed down from an unknown source and published on the Tippah County Rutherford Page says the following:


Paralee Close married Dave Rutherford ~ date unknown) and they had one son* who died shortly after birth. After Dave was killed she moved to Tucson AZ and worked as a cook at the county jail until her retirement. She never remarried and lived alone all the rest or her life. She was a very private person and it was very hard for her to talk about David but she bravely tried to give me all the information she could. She broke down in tears several times. Out of respect for her I have waited to record her account until after her death.

PARALEES ACCOUNT 

David was a very respected man around De Leon and didn't have a lot of trouble with anyone. He didn’t put up with a lot from people but he was not the kind to start trouble unless they started it first. He was an aviator in the war (WWI) and was a pretty good hand at whatever he tried.

He had some trouble with the City marshal ( Stockard said sheriff but he was mistaken) and the Marshal vowed to kill Dave if he ever got a chance.

In February of 1924 Dave went to town to do some business and the marshal tried to arrest him. There was a fight and the marshal got killed. The constable was also hurt but he recovered. Dave was shot and went to the hospital. He recovered and was taken to Brady to be tried for shooting the Marshal.

The trial was later moved to Brownwood after the trial at Brady was declared a mistrial. While awaiting trial at Brownwood Dave escaped and was free for about a year before being recaptured. They finally got him while he was asleep. He had been working on a pipeline gang somewhere in Texas. Dave was tried and found guilty and sentenced to 99 years. (This is also different from Stockards account and is probably more accurate).

David was in prison until 1929 when he was killed by a cook who had stolen an ice pick from the kitchen. 

When I asked her why Dave got stabbed she told me that it was a revenge killing instigated by the Masons because “ Uncle Joe Griffeth" was a Mason. This was Parolees personal opinion and I have not been able to prove or disprove it.

Exactly how Dave escaped from jail in Brownwood is still a mystery. Legend has it that he got a gun which was hidden in the false bottom of a suitcase that he received at the jail. I asked Parolee about this and she would only say “ Well he got out".






From all the records I've been able to gather, I've never found that Dave and Paralee had any children*. His father passed away long before any of this lawlessness took place and  his dear mother only endured the very beginning before she passed away. I wonder what life was like for his siblings. I know one paper out of Dublin reported on the story and made note that Dave was the brother of one of their citizens, Mrs. S.L. Price (Lillie Carl Rutherford, wife of Sterling L. Price). My ancestor, James Walter was living over 150 miles away in Knox County during all of this. Dave's sister, Minnie Elizabeth and Paralee's brother Francis Marion Close who had once lived right next door in 1900 were now living near 200 miles away in Childress. Dave's oldest brother, Thomas Nathaniel was living in Big Spring, Texas and he died in 1926. His brother Grandville is living near 200 miles away in Navarro County, and his sister Margaret who had married Nick Hosch was living in OK. I also wonder what kind of support system Dave's wife had while she endured all of this. Her parents are in Coleman County still. Her father died in 1925 and her mother in 1929.  In 1930 she is still found living in Santa Anna. She's a seamstress and works as a dress maker, she owns her home and its valued at $1100. In 1940 she's living in Pima, AZ as the head of  household. Her brother Henry Close, also widowed, is living with her. According to that census she had lived in AZ for at least 5 years and she is now a cook at the public school where she has an income of $540 for an eighteen month period. Her brother is a painter and it shows he didn't work. After that she disappears until her death in 1984. She's buried next to Dave at Santa Anna Cemetery. If her birth and death dates are correct, she lived to be over 100 years old.

Do you have any prohibition ancestors or stories? I wonder if the prohibition caused far more problems than it solved?

One article quoted a Dr. Alfred E. Stearns, [speaking of the prohibition laws in 1924] "It has bred crime and dishonesty in high places and low". He went on to say that while he wasn't a prohibitionist he did support obeying the law.

Until next week,
Becky


Click here and scroll down a little more than half-way to get a first person account from Mr. Ray Stockard who knew Dave as well as his wife Paralee's account.