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.