William & Elizabeth (West) Boyles Family

William Boyles was born about 1826 in Kentucky. William Boyles and his father, Joseph Boyles, came to Texas prior to 1848 and both received land as a part of Peter's Colony that settled North Central Texas. William died about 1863 in Collinsville, Grayson, Texas. It is believed that he died from a gunshot wound and exposure as he hid from the same group responsible for the hangings. Diamond stated that Boyles was "later killed at Collinsville." We have added him to the list of the victims of the Gainesville Hanging, since his death was a result of his participation in the Peace Party and resulting arrests, trials & Hangings. (See biography on previous post.)

• THE FAMILY LEGEND OF WILLIAM BOYLES, March 2000 By Sammy Harrison: According to family legend, William Boyles did not want to fight in the Civil War. He hid out in the hills, contracted pneumonia, and died. Mother said the way she had heard it, he was a very kind hearted person and could not stand the thoughts of taking the life of another individual. At the time, I wondered what a person like that was doing on the Texas frontier where he was forced to defend his home and family.
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• From another descendant: My Great Great Great grandfather William boyles married an Elizabeth West May,19,1849. In the 1860 census it shows that an Ann West was living with William and Elizabeth. She was 18 at the time. I also know of a Susan Emeline. She married David Miller Leffel and moved from Ohio to Grayson Texas in the late 1850's. They may have traveled and settled there as a family because that is where William and Elizabeth (Boyles) and Ann West were also during the same time. David was hung during the great hanging in texas 1862 and William is believed to have been shot in the back when he tried to run and later died a month later from his wounds.

William married Elizabeth T. West daughter of Michael West and Susannah McKee West on 19 May 1849 in , Grayson, Texas. Elizabeth was born on 5 Dec 1831 in Champaign, Ohio. She died on 14 Mar 1898 in Erath, Texas. She was buried in Mar 1898 in Alexander Cemetery, Erath, Texas.
They had the following children:
1. Joseph McKee Boyles was born on 6 Dec 1852 in Sherman, Grayson, Texas. He died on 19 Mar 1933 in Portales, Curry, New Mexico. He was buried in Portales, Curry, New Mexico.
Joseph married (1) Mary Rose Auvenshire "Polly" on 5 Jul 1877 in Jonesboro, Coryell, Texas. Mary was born on 1 Jan 1860 in , Carroll, Tennessee. She died on 3 Apr 1879 in Aurora, Wise, Texas. She was buried in Old Bethel Cemetery, Rhome, Wise, Texas.
Joseph married (2) Sara Elizabeth Pennington in 1880 in . Sara was born on 14 Jun 1861.
2. Sarah L. Boyles was born about 1855 in , , Texas.
? IGI possible spouse: Sarah L Boyles; Female; Birth: 1855 , Texas married spouse: Thomas Grimes; Marriage: 14 APR 1872 , Coryell, TX
3. Martha S. Boyles was born on 2 Jun 1857 in , Crawford, Arkansas.
Your information on the Boyles is the same family as mine. My husbands Great Grandmother Martha Jane Boyles was born June,2 1857. She had 4 brothers, one who was Joseph McKee Boyles born 1853 according to our information. Elizabeth married a Issac Lee April 30, 1865 and Elizabeth died March 14, 1898 in Earth Co
Texas. We have been told that Martha Jane is part Cherokee Indian. I have a picture of her and Andrew Jackson Roberts her husband, and she looks Indian. But, so far I haven't been where I can check out the Indian information. My husband's niece has a Dawls Book and she showed a Martha Jane Bowles. But, her Dad's last name was Boyles. But, I need to study the book better if I ever get back to Abilene Texas where she lives. My husband's Dad always said his Grandmother was a Cherokee Indian.
4. William Tomes Nelson Boyles was born in 8 Nov 1859 in , Cooke, Texas.
William preferred to spell his name as Boils. There was much discussion over the fact that he felt Boils was the proper spelling.
Marriage 1 Martha J. Pennington, 2 MAY 1881 in Coryell Co., TX

Sources
1. 1850 U.S. Census, Texas, Grayson, pg 674, 9 Dec 1950."Boils, William, 24, m, Kentucky, cannot read or write " , Elizabeth, 20, f, Ohio, cannot read or write, Boils, Jos, 64, 400, Virginia, cannot read or write (Next door to Father-in-law, Michael West)."
2. 1860 U.S. Census, Texas, Grayson, Sherman P.O., hh 148, pg 23/145. "Name: Wm B Boyl Age in 1860: 34 Birth Year: abt 1826 Birthplace: Kentucky Home in 1860: Grayson, Texas Post Office: Sherman Value of real estate: Household Members: Name Age Wm B Boyl, 34, m, farmer, 1600/900, Kentucky E S Boyl, 27, f, domestic, IllinoisJos Boyl, 7, m, TexasLouisa E Boyl, 5, TexasMartha S Boyl, 3, ArkansasWm F N Boyl, 5.12, TexasAnne West, 23, domestic, OhioSource Citation: Year: 1860; Census Place: , Grayson, Texas; Roll: M653_1295; Page: 145; Image: 290 (**Note: Also listed in 1860 Cooke County Census)."
3. 1860 U.S. Census, Texas, Cooke County, Gainesville, pg 232-233, hh 178/184."Boyles, William, 34, m farmer, no real estate, $750 personal estate, Kentucky " , Elizabeth, 30, f, Ohio
" , Joseph, 7, m, Texas " , Sarah L., 5, f, Texas " , Martha S., 3, f, Arkansas " , Wm. T., 7/12, m, TexasWest, Ann, 18, f, Ohio (note: Not sure where Ann West fits into the family. She is most likely one of Elizabeth's nieces.) Source Citation: Year: 1860; Census Place: , Cooke, Texas; Roll: M653_1291; Page: 232; Image: 473.(**Note: Also listed in 1860 Grayson County Census)."
4. McCaslin, Richard B., Tainted Breeze, The Great Hanging at Gainesville, Texas, 1862 , Baton Rouge, Louisiana: Louisiana State University Press, 1993. xvi, 234 pp. Intro. App. Illus. Map. Index
"William Boyles came to Peters Colony as a single man before July 1, 1848. He served in ranger companies during 1846 and 1848, then married in May, 1849. The 1850 Grayson County census (F.N. 14) lists him as a farmer, age twenty-four, from Kentucky, and his wife, Elizabeth, as being from Ohio.The census taker in 1860 found him in Cooke County (F.N. 184) with $730 in personal property. He had three children -- ages seven years, five years, and seven months -- born in Texas, and a three-year-old born in Arkansas. His father died in October, 1857, and William, then in Crawford County, Arkansas, inherited his land in Cooke County. He paid taxes in Cooke County in 1861 on 311 acres of the "James" Boyles grant on the Red River, but in 1862 he was assessed for only a third of this grant, 4 horses, 20 cattle, and 4 sheep."
5. Land/Deed Records."William Boyles and his father came to Texas as a part of Peter's Colony that settled North Central Texas. He received from Thomas Wm Ward, commissioner for the colony agent, a single persons share as part of Peter's Colony, of 320 acres of land in Grayson County near the town of Dorchester. Today the survey is still known as the Wm Boyles Survey. 21 Oct 1854 -- William Boyles to Thomas A. Mounts -- bond for the sale of the Joseph Boyles land lying in Collin County, TX which was sold on the steps of the Grayson Co., TX courthouse. Grayson Co., TX Deed Records Vol G pg 80.26 Mar 1855 William Boyles sold his title and interest in his Head Right Certificate to John H. Wilson for $650.00. Grayson Co., TX Deed Records, Vol G pg 167."
6. George Washington Diamond's Account of the Great Hanging at Gainesville, 1862, ManuscripteEdited by Sam Acheson and Julie, The Southwestern Historical Quarterly, Vol. LXVI, January, 1963, No. 3, pages 331-414. George W. Diamond was a brother of secessionists, John R. Diamond and James J. Diamond, who was a principal in the Great Hanging. After the hangings and the adjournment of the court, Diamond was given the records for the purpose of "preserving them and so disposing of them that the history of its (Citizen's Court) transactions might be perpetuated and justice done to those who participated in its deliberations. Diamond's compilation of "memoranda" was to be offered to the public as a just vindicaton of the conduct of those whose judgements were under national criticism. The members of the court examined Diamond's account and gave their unanimous and unqualified approval."
page 83 "Boyles was later killed at Collinsville."
7. Connor, Seymour V. , Peters Colony of Texas, A History and Biographical Sketches of the Early Settlers, Texas State Historical Association; Austin; 1959. "William Boyles migrated as a single man prior to July 1, 1848. He was issued a land certificate by Thomas William Ward in 1850, which was sold unlocated and was later patented in Grayson County (Fannin Third Class No. 1569). He is listed on the census of 1850 (Grayson County, family No. 14) as a 24-year-old farmer, born in Kentucky."
8. 1870 U.S. Census, Texas, Coryell, Prec. 2, pg 275."Lee, Isaac, 60, m, farmer, 500/500, NC " , Elizabeth, 40, f, keeping house, Ohio " , William, 18, m, Louisana " , David, 15, m, Texas " , Virginia, 14, f, TexasBoyles, Jos. M., 17, m, Texas " , Sarah L., 16, f, Texas " , Martha L., 13, f, Arkansas " , William F, 11, m, Texas."
9. 1880 U.S. Census, Texas, Coryell, Texas, pg 503A.Lee, Isaac A., self, m, marr, 69, NC, farmer " , Elizabeth, wife, f, marr, 49, keeping house, OH Boil, William, stepson, m, single, 20, farmer, Texas4 others in household.
10. Marriage Record, Grayson County, Texas Marriage Book A, pg 39.
11. Marriage Record, Grayson County, TX Marriage Book A, pg 39. "Name: Elizabeth West Marriage Date: 19 May 1849 Spouse: William Boyles Marriage County: Grayson Marriage State: Texas Source: County Court Records - FHL microfilm # 1290410 item 2."FHL # 1290410 item #2.

The Willam Boyles Story

It is believed that William Boyles died from a gunshot wound and exposure as he hid from the same group responsible for the hangings. Diamond stated that Boyles was "later killed at Collinsville." We have added him to the list of the victims of the Gainesville Hanging, since his death was a result of his participation in the Peace Party and the resulting arrests, trials & hangings that took place. Below is William's story by one of his descendants.

William Boyles

by S. H. Harrison 1997 Fort Worth, TX

William Boyles was the son of Joseph Boyles, his mother is still unknown. Joseph Boyles came to Texas from Illinois, I found him in Green County in 1830 and 1840 census records. According to these records he had other sons and a daughter (or perhaps extended family living with them), however, we only know the names of William and Sarah. According to the 1850 census records, Joseph was born in Virginia, William was born in Kentucky and Sarah in Illinois. Joseph Boyles arrived in Texas a widower and obtained land from Peters Colony in Collin and Cooke Counties. William served in ranger companies during 1846 and 1848. He obtained a Headright in Grayson County as a single man and married Elizabeth West in Grayson County, 19 May 1849. When his father, Joseph, died 19 May 1853, William was appointed the executor of the estate. It is unclear on what date he and Elizabeth went to Arkansas, however there are probate records indicating that the court had not heard from William Boyles. The court cost by the October 1857 term, amounted to over $500.00 and the decision was made to sell the property in Cooke County to cover court costs. It was at this time that William, from Crawford County, Arkansas, sold all of his interest in his father’s estate to his sister Sarah Gibson. He apparently thought he had taken care of his obligations of Joseph’s estate, or thought they would take care of themselves. They could have been in Arkansas the entire four years, census records show the birth of a daughter in Arkansas. At any rate, they were back in Texas in time for the 1860 census. (His family is listed in both Cooke & Grayson Counties in the 1860 Census.)

Sister, Sarah Boiles, age 19 was living with William Fitzhugh in Collin County in the 1850 census. I have wondered if there is a relationship with them since Fitzhugh’s wife, Mary, was also born in Illinois, however, nothing has been proven one way or the other. Sarah married Nelson Gibson from Pettis County, Missouri (Nelson’s name is recorded in deed records as her husband). In the 1860 census Sarah and Nelson Gibson are listed on the same census page as O.T. Mallow with other Mallows on the other census pages. For those who don’t recognize the name, Mother’s youngest sister, Dovie, married J.T. Mallow. I checked with their daughter, Jeanie, their Mallows were in Collin County at that time.

Back to William Boyles. Family tradition stated that "he did not want to fight in the Civil War, hid out in the hills, contracted pneumonia and died." Let’s take a look at the time period. Both the Boyles and West families moved to Texas from Illinois in the middle 1840's. They had both been subjected to "Texas Justice." William had served with the home rangers protecting the frontier families from Indian attacks, so he was not afraid of fighting. By the time they arrived, slave owners from the south manned most of the political offices. In 1862, Texas became embroiled in the question of secession and called for a vote. The vote in Cooke and Grayson Counties was overwhelmingly against secession. However, as a state, the vote was for secession. A large number of men in the Red River border counties joined a secret society that was loyal to the government of their fathers (Old Constitution and the Union).

This sets the stage for what later became known as "The Great Hangings of Gainesville." The West (Elizabeth West Boyles) sister, Susan and her husband David M. Leffel arrived in Texas in time to become embroiled in it too. September 1862 Union forces had advanced into the Oklahoma Territory and there was a good deal of unrest in the Red River area. The Confederate army in the area learned of the secret society and suspected treason. What ensued was mass hysteria and mass arrests. David Leffel was among them and William Boyles’ name came up during the so-called trial. David was one of the 42 men who were hanged in Gainesville the middle of October and William was one of the wanted. One report says that William was killed near Collinsville. The family tradition said pneumonia. Could they both have been right? It was October and he was hiding out in the Timbers. He could have suffered a gunshot wound and contracted pneumonia, too.

Elizabeth Boyles moved her family to Coryell County and Susan Leffel continued to live in the area until problems erupted after the return of the confederate veterans at the end of the Civil War.   A neighbor, Joel F. DeLemeron, tried to help Elizabeth and her children by giving her a horse and was charged with treason for aiding the families of suspected Unionists.

To read an updated version of this biography (Nov 2012) by Sammy Hynds Harrison, click here.

William R. Rhodes

William R. Rhodes was born about 1818 in Tennessee. He married Amanda Lindsey (daughter of Charles Lindsey and Mary Polly Bennett) about 1840 in Tennessee. Amanda was born about 1820 in Alabama.
McCaslin: "William R. Rhodes ... preempted 320 acres in Cooke County. He doubled his property on December 24, 1856, by purchasing 320 acres, on which he paid his first taxes in Cooke County in 1857. . . He joined the Frontier Regiment on March 11, 1862."
Richard B. McCaslin, "Tainted Breeze, The Great Hanging at Gainesville, Texas, 1862" (Baton Rouge, Louisiana: Louisiana State University Press, 1994).

"He had a nice family"
 James L. Clark wrote this information about Rhodes:
"One of our near neighbors was William Rhodes. He (came) from North Carolina here (Note: Census records indicate that William Rhodes was born in Tennessee not North Carolina.), an got 320 acres of land as a homestead from the state. He had a nice familey an his oaldest boy belong to the same company that I belonged to. Now Rhodes sold land to a man by the name of Eli Scott a bout the time the war started. An Scott moved to the land an was murderd while he lived on the land. He Scott (came) from California here, an had a big famley, and was nice foalks. Him an Rhodes were hung the same day. Tha are boath buried on the Rhodes survey, now owned by Sam McClerran."
page 113, From a letter James Lemuel wrote to his parents: "Pe Rodes has the measels. With this exception the Cooke County Boys are all well... tell Pe Rodeses folks he sends his best love and respects to them."
Clark, James Lemuel; Edited by L.D. Clark, Civil War Recollections of James Lemuel Clark, Texas A&M University Press, College Station, Texas 77843, Page 109, 113

William Rhodes appears to have had a son fighting in the Confederate Army when he was hanged by the Confederates.
Question?? Which of Rhodes' sons joined the Confederate Army Company that Clark referred to in the above statement and had the nickname of "Pe"??

According to Diamond's account of the trial, Rhodes was tried in a group trial with eleven other men: The State vs. C. A. Jones("HumpBack"), James Powers ("Carpenter"), Eli M. Scott, Thomas Baker ("Old Man"), Geo W Anderson, Abraham McNeese, Henry Cochran ("30"), C.F. Anderson, Wm Wernell, B.F. Barnes ("35 or 40"), Wm Rodes, and N. M. Clark ("25"). Disloyalty & Treason. The testimony against the above mentioned conspirators corresponds with the testimony herein before produced on the trial of Childs, Fields, Harper, Lock, and others. They all acknowledged their connection with the organization, and made full confession of their guilt at the gallows."
George Washington Diamond's Account of the Great Hanging at Gainesville, 1862, Manuscripte Edited by Sam Acheson and Julie, The Southwestern Historical Quarterly, Vol. LXVI, January, 1963, No. 3, pages 331-414, pg .397.

Amanda and William R. Rhodes began having children in Shelby County, Republic of Texas in about 1842.  In 1850, they are in Shelby County, and in the 1860 Census, they are in Cooke County, Texas. William lists his occupation as a farmer.

Amanda was left with nine (9) children to raise after the death of her husband. The youngest child was only six months old. Sometime after the hanging of her husband, Amanda moved to Stephens County, Texas with her children.  It may be that Amanda felt her family would be in a safer environment by moving them away from Cooke County.  Many of the widows who stayed in Cooke County were threatened and harassed by confederates.
William and Amanda had the following children:
1. Charity Armitta Rhodes was born on 28 Jun 1842 in Texas. She died on 26 Oct 1928 in Eastland, Texas. She was buried in Oakland Cemetery, Eastland, Texas.
From the 1870 United States Federal Census for Stephens County, Texas, page 2, household number 8, lines 15 through 24: Charity Boggs is listed as 28 years of age, and a seamstress, living in the household of her mother, Amanda Rhoade, age 45. In the same household is David Rhoade, age 19. Daniel Rhoade, age 14. Delia
Lane Rhoade, age 12. Martha Ann Rhoade, age 8. William Boggs, age 11. Thomas Boggs,age 8. James Boggs, age 6. And Pennington Boggs, age 1. This shows that after Charity's husband died, she indeed went to live with her mother, near Pickettville in Stephens County. She married two more times, first to a man named Lafayette Deweese, and later to a man named John Quincy Adams Funderburgh.
Charity married Thomas Boone Boggs on 7 Jun 1858 in , Cooke, Texas. Thomas was born on 14 Mar 1832 in Winchester, Clark, Kentucky. He died on 3 Mar 1868 in Fort Muggainsville, Moran, Shackleford, Texas.
2. Charles Rhodes was born about 1844 in Texas. (?Served in the Confederate Army with James Clark -- If so, did he die while serving for the Confederate army?)
3. Sary A. Rhodes was born about 1847 in Texas.
4. James Rhodes was born about 1849 in Texas.
5. Daniel G. Rhodes was born in Apr 1851 in Texas.
6. William Rhodes "Willie" was born about 1852 in Texas.
7. Samuel Rhodes was born about 1854 in Texas.
8. Delia Jane Rhodes was born about 1858 in Texas.
9. Martha Ann Rhodes was born on 26 Mar 1862 in Texas. She died in 27 Jul 1946 in Stephens County, Texas.  Martha married William Rogers.

1850 U.S. Census, Texas, Shelby County hh 292/292, pg 21/42

Name: Wm R Rhoades
Age: 35 Estimated Birth Year: abt 1815 Birth Place: Texas
Value of Real Estate: $300
Home in 1850(City,County,State): Shelby, Texas
Household Members:
Name Age
Wm R Rhoades, 35, farmer, $300, born Tennessee
Amanda Rhoades, 30, Alabama
Charity A Rhoades, 8, Texas
Charles Rhoades, 6, Texas
James Rhoades, 1, Texas
Sary A Rhoades, 3, Texas
Saml Lindsey, 35, South Carolina
Source Citation: Year: 1850; Census Place: , Shelby, Texas; Roll: M432_915; Page: 21

1860 U.S. Census, Texas, Cooke, Gainesville, hh 171/177

Name: Wm Rhodes
Age in 1860: 46 Birth Year: abt 1814 Birthplace: Tennessee
Home in 1860: Cooke, Texas; Post Office: Gainesville
Value of real estate: $700; Value of personal estate: $184
Occupation: farmer
Household Members:
Name Age
Wm Rhodes, 46, m, farmer, 700/184, Tennessee
Amanda Rhodes, 39, f, Alabama
Charles Rhodes, 16, Texas
Daniel Rhodes, 9, Texas
Willie Rhodes, 7, Texas
Samuel Rhodes, 5, Texas
Delia Rhodes, 1, Texas
Source Citation: Year: 1860; Census Place: , Cooke, Texas; Roll: M653_1291; Page: 232;
(**note: on same page of census as John Miller & William Boyles)

Richard N. Martin Trial

Below is George W. Diamond's account of the Citizen's Court trial of Richard N. Martin. We question the accuracy of Diamond's full account of the Richard N. Martin trial and what he testified.

In all our research, we cannot find where Richard N. Martin was the brother-in-law to William Boyles.

*Richard Martin's wife was Cynthia Jane Neely.
*William Boyles married Elizabeth West and his only known sister married a Nelson Gibson.
*Richard Martin's only sister married Charles Whatley in 1858. Then after he died, she married a Leffel in 1869.
(Note: Boyles was the brother-in-law to David M. Leffel, who was also hanged. The common link to between the Martin and Boyles family was the Leffel family, but that link was NOT there until years after Martin died.)

Did Diamond combine two people to come up with this testimony, did he mix-up names or did he embellish the truth a little??
If anyone can shed any light on the Martin-Boyles relationship, please let us know.
(All three families (Martin, Boyles & Neely) came into Texas from Illinois.)

Martin's speech at the end seems very angry and vindictive. Of course, who wouldn't be, knowing they were soon to be hanged. Perhaps Richard Martin thought that by confessing to what the court wanted to hear and laying real or exaggerated blame on others, he would be pardoned at the last minute.

Here is Diamond's account of the trial:

The State vs. Richard N. Martin
Disloyalty & Treason
I.L. Ozment sworn: (witness)
R. N. Martin told me that there existed a secret organization in the Country; and if I would go with him, he could take me in an hour where I could learn all about it. I consented to go. He took me to the residence of Wm. Boyles; and after going a short distance from the house Boyles initiated me. He swore me to support the old Constitution and Union. He gave me the signs, grip and password.
Martin was found guilty and after being sentenced confessed his crimes.
Upon the scaffold, in the presence of citizens and soldiers, he delivered the following address:
Gentlemen: When I first joined this secret organization, I did not fully understand its objects and intentions. But afterwards I received a document containing its plans. Although I am to die upon this tree, before I am hung I want to tell all I know concerning this order; and desire it made known to the world.
You commenced the work to break up this secret order in good time. By this time it would have been too late for you. It was our intention to rise up and kill all southern men, women and children and take possession of their property. To the very best of my understanding this was the purpose.
Now, I pray that you will go on with this work, until every member of this order is brought to justice. I can refer you to one whom I desire shall be punished as I am punished; I want him hung to the same limb to which I am hung -- my brother-in-law, Wm. Boyles. He is the author of my ruin. I took his counsel, and being a bad man, he gave me bad advice. (Here, he informed the people, where Boyles might be found.) Hunt him to the end of the world, or finish him, for his crimes. I hope I may be forgiven. Although I have injured the people so much I die with the consolation that in the end I done my duty to them.
Here his time expired and he was launched into eternity.
Boyles was later killed at Collinsville.

George W. Diamond, "Account of the Great Hanging at Gainesville, 1862" SOUTHWESTERN HISTORICAL QUARTERLY, Vol. 66, no. 3, January, 1963, p. 331-414, edited by Sam Acheson and Julie Ann Hudson O'Connell.

Richard N. Martin

The following is from the book, Neely-Martin Descendants, by Louise Neely, Privately published in Dallas, Texas; 1982.
pg 55-56

"Of the men listed in the Clark Manuscript (it can be read in the Library of Cooke Co. Junior College at Gainesville), three of them were related to the Neely-Martin families, either directly or by marriage.
Richard N. Martin was the son of Charles N. and Euphamy Martin. He had married his cousin Cynthia Ann Neely, the daughter of Charles Neely, Jr., and Sarah (Martin) Neely who had settled in Dallas County. Richard left two young sons. His younger brother, Thomas, came to Cooke Co. from Hood Co., Texas and took Richard's body back to Hood Co. by oxcart for burial."
"Another was Barnibus Burch who was an old man in his seventies and almost 'bed ridden with rhymatiz'; what we now call arthritis. He was one of the two or three men who were hauled to Gainesville in a wagon because he could not mount a horse. His daughter, Elizabeth Ann was the second wife of James Martin Neeley, Jr. ..."
"The third man (connected to the Martin-Neely family) hanged was D.M. Leffel. He was the father of James Perry Leffel, who first married Malinda Jane Martin, the daughter of Charles N. and Euphamy Martin. Malinda Jane was the only sister of Richard N. Martin, who was hanged. After the death of Malinda Jane, Perry Leffel married her widowed mother, Euphamy Martin, who was 29 years his senior. He later married the oldest daughter of James Martin Neely, Jr. She was Laura Ann (Neely) Martin, the widow of Jim Martin, a son of Charles N. and Euphamy Martin and another brother of Richard N. Martin (who was hanged.)"
"Soon after the hanging in Gainesville, the wife of Richard N. Martin, Cynthina (Neely) Martin, took her two young sons west to Dallas Co., Texas to the home of her mother - Sarah (Martin) Neely."

Richard N. Martin Family

Richard N. Martin was born in 1838 in Illinois. He died on 19 Oct 1862 in Gainesville, Cooke, Texas. He was buried in Hood, Texas. According to family tradition Richard's younger brother, Thomas, came to Gainesville from Hood County and took Richard's body back to Hood County by oxcart for burial. No actual burial site is known.
Richard married Cynthia Jane Neely (daughter of Charles Neely Jr. and Sarah I. Martin) on 28 May 1856. Cynthia was born in 1838 in Illinois. She died about 1870 in Texas.

Question: Does anyone know the cause of Cynthia's early death?

Richard and Cynthia had the following children who were left orphans as a result of their parents early deaths:
1. Charles Francis Martin was born in 1858 in Texas.
(He is not listed in the 1860 census with parents who are living in Grandmother's household.)
2. James B. Martin was born about 1860 in Texas.
After his mother's death, James lived with her brother, F. M. Neely in 1880 Census.

F. M. NEELY Self M Male W 40 Illinois Farmer KentuckyKentucky
Loucretia NEELY Wife M Female W 38 AL Keeping House AL---
John C. NEELY Son S Male W 10 Texas At Home IllinoisAL
Mary E. NEELY Dau S Female W 3 Texas Illinois AL
James MARTIN Other S Male W 20 Texas Laborer IllinoisIllinois
Source Information: Census Place Precinct 5, Dallas, Texas; Family History Library Film 1255299
NA Film Number T9-1299; Page Number 284B

Sources

1.1860 U.S. Census, Texas, Cooke County.
Name: Rich N Martin
Age in 1860: 22 Birth Year: abt 1838 Birthplace: Illinois
Home in 1860: Cooke, Texas Post Office: Gainesville
Value of real estate: $280; Value of personal estate: $137
Household Members:
Fama (Euphamia) Martin, 39, farming, 870/341, Illinois, cannot read or write
James W Martin, 10, Illinois
Samuel F Martin, 5, Texas
Orrange Martin, 3, Texas
Rich N. Martin, 22, m, farmer, 280/137, Illinois
Syntha J. Martin, 22, f, Illinios
Source Citation: Year: 1860; Census Place: , Cooke, Texas; Roll: M653_1291; Page: 228."

2. Book." Neely, Louise Y., Neely-Martin Descendants, Privately published in Dallas, Texas; 1982.pg 55

Gainesville's 'Great Hanging' Memorial Service, October 2007

Last October (2007), an amazing man by the name of Leon Russell, organized a memorial service for all the men who were hanged in the Great Hanging. The memorial took place in the Georgia Davis Bass Park in Gainesville, Texas. Below is the newspaper article describing the memorial service.

Gainesville Register
October 22, 2007

Will there be future memorial services for the Great Hanging?? 
Perhaps this should be a yearly event.

Gainesville Register
October 22, 2007 12:31 pm
Descendants commemorate 'Great Hanging'
By ANDY HOGUE, Register Staff Writer
“To hear a Northern man crying out ‘Union, Union,
’Methinks I hear the bugle blast of the robber chief.
To hear a Southern man cry out ‘Union, Union,
’Methinks I snuff Treason on the tainted breeze.”
—Austin Southern-Intelligencer, July 13, 1859.

The first public commemoration of the Great Hanging of 1862 in modern Gainesville was organized within a matter of days. Then again, so was the Great Hanging.
In a ceremony at Georgia Davis Bass Park Friday afternoon, about 50 people from various walks of life came to remember the 42 men who were killed for suspected or actual support of the Union during the time when Texas was a part of the breakaway Confederate States of America.
Far from a celebration, the mood was somber and grateful — somber because of the generations of heartache inflicted on Gainesville families since the War Between the States and grateful because a man from Keller and a Denton college professor took the time to help remember one of the darkest chapters in local history.
“This is a memorial day — not a day of celebration,” said Leon Russell, the primary organizer of the event. “I’m very pleased with the interest — I don’t know how you got the word out we were even doing this.”
Sheila Cox, a member of the Cooke County Heritage Society, said after Russell, a Keller resident with a fascination for the Great Hanging, requested permission from the city of Gainesville early this week, organizers called together Morton Museum staff, author and University of North Texas Professor Richard B. McCaslin, veteran local newspaper reporter Kit Chase, local bookstore Dicho’s “and just plain ol’ citizens here who said we should have a reception at the museum.”
Russell approached the city of Gainesville Parks and Recreation Board Monday hoping to obtain permission to place 42 white crosses temporarily at a granite marker denoting the site of the Great Hanging in Bass Park, which is located between Main and California streets on the banks of Pecan Creek. The parks board did not make quorum, so the decision rested on the City Council. The Council voted unanimously to allow Russell to place the crosses and say a few words.
Those few words evolved into a full-afternoon event, beginning with a book signing at the Morton Museum at noon. McCaslin signed copies of his book “Tainted Breeze: The Great Hanging of 1862” of which there were a few copies obtained by Dicho’s bookstore, and also signed cards to be pasted later into books on order.
A program took place at 3 p.m. at the site of the crosses, which each featured the name of one of the men executed above a red-white-and-blue ribbon. Russell’s wife Jean said she was up until late Thursday night painting and assembling the crosses with friend Andy Turek.
In opening comments, Russell, who was born in Woodbine, shared a bit about his connection to Gainesville and his failed attempt at joining the Texas Home Guard (a branch of the U.S. military) in 1942 at age 15. He noted the office was located above the Register.
A Friday Register article called the Great Hanging a day “many would prefer to forget,” and Russell said he agreed with the sentiment. But there is an important story to be learned from the hanging — primarily how a small frontier town such as Gainesville dealt with the stigma of being associated with lawlessness and violence and became a modern city, he said.“Time does not wait for a town to catch up, anymore,” he said, noting that progress was essential to Gainesville’s survival following the hanging. “Communities are like families — you can’t just walk away ... and if we can talk about this like a family, we can finally learn a lot from it.”
Russell said many miscalculations and mistakes were made in the hanging, and the rushed mock trial which took place to convict the 42 men of treason against the Confederacy — errors he believes the study of history may avoid in the future.He explained Texas was under a state of martial law in 1862, just three years before the end of what was then called the Great War and is now mostly referred to as the American Civil War. Military forces and citizen militias were in force and came to North Texas following reports of societal breakdown and conspiracy from pro-Union groups.
In fact, there was a pro-Union group known as the “Peace Party” active in Cooke County. Opposition to the Confederacy in Cooke County began with military drafts in April 1862, according to McCaslin’s article on the Great Hanging in the “Handbook of Texas.” Thirty men signed a petition protesting the exemption of major slaveholders from the draft and sent it to the Congress at Richmond, Va. Brigadier Gen. William Hudson, commander of the militia district around Gainesville, exiled the leader of the petition drive, but others who remained used the petition to enlist a nucleus for a Union League in Cooke and nearby counties. The members were not highly unified, and their purposes differed with each clique, McCaslin wrote. Most joined to resist the draft and provide common defense against roving bands of Indians and scattered renegades. Rumors began to circulate of a membership of more than 1,700 and of plans for an assault when the group had recruited enough men, the article read. Fearing that the stories of Unionist plots to storm the militia arsenals at Gainesville and Sherman might prove to be true, Gen. Hudson activated the state troops in North Texas in late September 1862 and ordered the arrest of all able-bodied men who did not report for duty.
Reports of the lynching of a northern Methodist Episcopal Church minister and the call from a Sherman newspaper editor for North Texas to secede from the Confederacy — not to mention fear of alliances with Kansas abolitionists along the Red River — contributed to a response from Southern military leaders. Tempers flared, and the state militia began to search for anyone whom they considered to be traitors.
More than 150 men were arrested on the morning of Oct. 1, and a “citizens court” of 12 jurors was quickly comprised — seven of whom were slaveholders. An angry mob lynched 14 alleged Union sympathizers during the proceedings of the kangaroo court, and the violence in Gainesville and surrounding communities peaked the next week when unknown assassins killed two other men. “Turned out that Texas military authority was more of the problem than the cure,” Russell said. “And I hate to say that — I’m a tried and true Texan.”
After recognizing city and county officials present, including Parks Director Patrick McCage, 235th District Attorney Cindy Stormer and Chamber of Commerce executive John Broyles, Russell, with the help of his wife and his nurse, introduced Frank Lorne, pastor of Corinth Baptist Church in Gainesville.Lorne gave a few words before offering a prayer.
“No matter where you are in the nation, there is good and there is bad,” Lorne said. “But whether or not there is good or bad, there is history. And there’s nothing we can do about what’s gone by.”
Following the prayer, McCaslin said he was surprised by the turnout.“I never imagined this many people would come,” he said. McCaslin said some of his colleagues feared he would be met with skepticism and opposition for invoking the memory of the Great Hanging. Quite the contrary: McCaslin said he and Russell were greeted with courtesy and curiosity.
He defended the historicity of the event, and why it was included in the “Handbook of Texas.”He said in history there are two overarching themes — consensus and conflict. During times of consensus, he said, “we have our finest moments.”
Invoking wartime President Abraham Lincoln, “the better angels of our nature” did not prevail during the Great Hanging trials. By studying the dark periods of history, “we learn more about ourselves and who we are, and where we’re going into the future.”
Cox, speaking next, said 145 years ago at the park a different mindset was at work. But, she said, embracing all of history is crucial as “it is a mirror that reflects the image of who we are.”
Ron Melugin, North Central Texas College history professor, read the list of those tried and executed in October 1862, as Crystal Wright, also a history professor at NCTC, rang a low-pitched handbell after each name was recited.
Russell then had descendants of Great Hanging victims and participants stand and be recognized. Wright said her husband’s descendant was Col. William C. Young, who supervised the collection of jurors for the Citizens Court.
Richard Burch said his great-grandfather was a cousin to Barnibus Burch, who was hanged at age 70. “They just wanted to protect their homes — that’s all they were after,” Burch said.Colleen Clark Carey and Vicky Clark said they are descendants of Nathaniel Clark, a father of seven who was killed during the incident for little known reason, despite his prior opposition to Texas joining the South.
Carey said if there were more advance notice of the ceremony, more of her family would have attended. Clark said the Great Hanging is a story passed down by her family’s strong oral tradition. Melugin said he hopes the memorial will become an annual tradition for the community. Russell reiterated his surprise at the hospitality of the community and interest in the remembrance event — noting that the Great Hanging was a taboo topic for many generations.
“Honestly, I expected a lot of resentment and suspicion. I didn’t hear a bit of that,” he said. “After 150 years, it’s about time.”
Reporter Andy Hogue may be contacted at andyhoguegdr@ntin.net

WHERE ARE THEY BURIED???

One of the most disturbing aspects of the Hangings was the total disregard for the bodies of the victims following the executions.
After the men were hanged, their bodies were thrown into an empty warehouse building on the west side of the town square. A few of the families claimed the body of their loved one, but most were left for the court officials to bury. Some of the executed men were buried in hurriedly made coffins, but when the scrap lumber from the torn-down house was used up, the rest of the men were wrapped in old blankets and buried in shallow graves along the banks of Pecan Creek, not far from where they were hanged. It has been said that rains washed away the dirt covering some of the graves and that wild pigs dug up some graves.

Known grave sites or suggested burial sites:

Barnibus Burch: The day after the hanging, Burch's wife and daughter, Elizabeth Ann (Burch) Neely went to Gainesville and brought his body back to his farm. The two women dug the deepest grave they could and buried him in a fence row, near Wade Lake. It is now the Marvin Cason Place.

Nathaniel Clark: Buried in the Clark Family Cemetery. His headstone reads: "Nathaniel M. Clark, 26 June 1816 -13 October 1862 - Murdered By A Mob 'His lasts words were: Prepare yourself to live and to die. I hope to meet you all in a future world. God bless you all.'"

Rama Dye: From the Ben Dye and County Line Community Article
"Rama Dye was summoned to Gainesville, October 1862, charged with being a member of "the Clan", and was hanged for his political views. Ben R. Dye, oldest son of Jacob Dye, heard what had happened, so he hitched a yoke of oxen to the wagon and went to Gainesville, drove the wagon under the body of his uncle, cut the rope and the body fell into the wagon. Burial of Rama Dye was made on his farm. No men could be found to assist with the digging the grave, so some women brought a blanket and helped Ben bury his uncle. All of the men had "hid out" for fear of the infuriated hanging mob. No mention has been made that any sort of a coffin was made, only a blanket for a shroud."

Richard Martin: According to the Neely-Martin Family History, "Thomas Martin, younger brother to Richard, came to Cooke county from Hood County and took Richard's body back to Hood County by oxcart for burial." No actual burial site has been located.

James Alexander Powers: Buried in the Jim Ware Farm Cemetery one mile west of FM 678 on the south side of county road 144 in a grove of oak trees. No dates are on the tombstone.

William Wornell: Buried on the old James Lemuel CLARK farm, east of Road 223 & south of Road 220. A Metal frame with the name and date is welded on a post, and rocks are piled on the grave. The name is given as William WERNELL and date of death as 16 Oct. 1862. (note: Date is wrong.)

William Rhodes & Eli Scott: According to James L. Clark, William Rhodes and Eli Scott were both "buried on the Rhodes survey, now owned by Sam ScClerran." Clark, James L., "Civil War Recollections of James Lemuel Clark, Including Previously Unpublished Material On The Great Hanging at Gainesville, Texas In October, 1862" (College Station, Texas: Texas A&M University Press, 1984) page 109-112
No actual burial site has been found for either of these men on the Rhodes Survey.

Henry Chiles: Diamond's account of the Hanging, mentions the following about Henry Chiles,
"After life became extinct the body was taken down and placed in possession of the weeping family and friends, who with appropriate ceremonies gave it decent sepulchre."
No actual burial site has been found for Henry Chiles.

M. D. Harper Update

We have received the following new information from a Harper descendant. Thanks for sharing this information!!

M. D. Harper's full name is Manadier D. Harper, as suggested in an earlier posting in this blog (May 2008).

Manadier D. Harper

"We are quite sure our Manadier is the same as the Manadier who was hanged. This due to census records, marriage and land records. My husband's direct line goes back thru Manadier's dau Elizabeth.

After the hanging, Manadier's wife Eliza and her children moved to Fulton Co IL and then Peoria, IL. She remained in Peoria until her death. We know nothing about Eliza's parentage yet, only that she had a possible brother James who resided in Peoria IL in 1844. Eliza was born ca 1829 and died Apr 30, 1886 in Peoria IL. She is buried at Springdale Cem in her dau Sarah's Harper Hitz' plot of graves. There is no stone. She never remarried and took in washings to earn money.

Eliza Dougherty Harper and Manadier Harper were married in Tazewell Co, IL on June 22, 1845. Manadier purchased several parcels of public domain land in Tazewell Co IL about 1836 and sold them about 1845 (when he probably moved to AR- 1850 census). His brother Isaac also bought and sold land about the same time period and moved to AR.

POSSIBLE PARENTS: From the 1850 census the prospective mother of Manadier is Elizabeth Harper who is living with Manadier. From the Tazewell County land records, there is a John M. Harper who purchased about the same time as Manadier and brother Isaac. John and Elizabeth Harper sold their land in 1839 to Manadier Harper. We presume John is a possible father to Manadier and Isaac.

Children:
Thomas George Harper (1848 - Apr 6, 1893) served in the Civil War from IL. He is buried in Springdale Cem, Peoria. Oftentimes in the Peoria City Directory, his name is listed as George. He lived with his mother most of his life in Peoria. We have found no marriages for him. He has a military tomstone.

Elizabeth Harper (Apr 3, 1851 - Dec 29, 1926) m. Sampson Bush at Fulton Co IL on Feb 9, 1867. After he was killed in an argument, she moved to Peoria IL and ultimately married Samuel Tincher. Elizabeth and Sampson had 3 children - William, Sarah, and Franklin. She had one son with Samuel Tincher - Samuel Tincher Jr. Elizabeth and her son Samuel were very poor are both buried at the County Farm (Poor Farm) Cem. Brothers Thomas, William and John lived with Elizabeth and Sampson at various times before Samson's death.

William L. Harper (ca 1853 - Apr 13, 1893) - buried at Springdale Cem, Peoria next to his sister Anna (no stone). We have not been able to prove any marriages for him as of yet. He lived with his mother or brother John most of the time in Peoria IL.

Sarah J. Harper (Feb 7, 1855 - Sep 30, 1914) - buried at Springdale Cem, Peoria. She married Oswald Joseph Hitz They had 5 children.

John C. Harper (May 1857 - Nov 4, 1920) - buried at Springdale Cem, Peoria (no stone). He married Jane/Effie/Alice . They had 5 children.

Anna Nancy Harper (Perlina) - ca 1860 - May 9, 1893) - buried at Springdale Cem, Peoria (no stone). She married Frank Rodaski on Apr 26, 1880 in Peoria. They had no children that we know of."


Additional posts on the Harper Family:
Harper - 1850 Census
M. D. Harper
Eliza Harper - Wash Woman

New Information on Henry Cockrum

New information has been sent by a Cockrum descendant.

A big thanks for sharing!!

Also included in this post is a copy of the 1860 census for Henry Cockrum, the 1870 Census & 1900 Census for Elizabeth Cockrum.
According to a family descendant, Henry's full name was: William Henry Cockrum

Family Story sent by descendant: "My husband grew up hearing the story from his Grandmother of this hanging. She had been raised by her grandmother, Amanda, who had witnessed her father being hung... William Henry Cockrum (called by Henry) was my husband's 3rd great grandfather. His wife, Elizabeth, is buried in Oklahoma.

My husband's family descends through Amanda Cockrum Meler's daughter, Alice. Alice was quite a person in her younger years. As a result Amanda raised Novva Cockran (one of Alice's marriages was to William Cockran-no relation). This is my husband's grandmother. She lived to be 100 years old.

Amanda had told her that she watched her father hang and Novva passed this story down to the family. I have corresponded with a few Meler relatives and a few Elliot relatives so I know there are many descendants out there.

The information on Preston, Isom and some on William Henry comes from "A History of the Cockrum Family in America" by Emmett Cockrum. There is a family that is posted on Ancestry that has a different ancestry for William Henry. I have not done enough research on this family to know which I think is correct.

I have a copy of the marriage certificate for William and Elizabeth Jones. Given that there were children in the census named Peters and Jones, it is possible that Elizabeth was married before. The certificate does not identify her as Mrs. Jones. They could have been taking care of others children also.

Elizabeth is buried in Box X Cemetery, Pontotoc County, OK. Amanda and Frank Meler are buried in El Reno, OK. I have copies of the records from the Cooke County Courthouse regarding the property left by William Henry. William Henry filed for land in Fannin County. William Henry, Elizabeth and family are in the Fannin County census in 1850 and Jacks Fork, Indian Territory census in 1860."

Census Records for the Cockrum Family:

The 1850 Census for the Henry Cockrum family in Fannin County, Texas is in an earlier post on this blog.

1860 Census, Choctaw Nation, Indian Lands, Arkansas
(note by gengals: There seems to be several families combined on this census, perhaps Henry & Elizabeth are caring for other children also. The Malinda listed in 1860 may be the Malinda Petell listed in the 1870 census.)


1870 Census, Mt Pleasant Township, Lawrence, Missouri. (Note by gengals: Petell children are living with Elizabeth -- the 1850 census also had Petel children in the household. Who is the Petell/Petel family and how are they related to the Cockrums?)



1900 Census, Township 4, Chickasaw Nation, Indian Territory, page 40, hh 734
Elizabeth (Lizzy) is living with her grand-daughter, Annie McCurry, the daughter of Lucinda Cockrum Jones. Elizabeth states that she gave birth to 6 children and 4 were still living.

Henry Cockrum Probate

Probate Record for Henry Cockrum
Cooke County Probate Book 1, page 380-381, 5 September 1863 (bottom of page 380 and continuing on top of page 381)
Appraisement Bill of the Community property of Henry Cockrum, Decd
70 head of sheep @ $4 280.00
35 head of stock cattle @$9 315.00
1 Yoke of Oxen $100 & 19 head of horses @ $80 1620.00
1 span mules $400 & 1 bay horse $200 600.00
2 head of hogs @ $10
160 acres of land @$2 340.00
160 acres of land & improvements 250.00
2 setts of harnes & one wagon 175.00
Farming tools $25 2 log chains $14 39.00
1 corss but saw $10 1 box of tools $15 35.00
1 note $80 Debt on Doct Martin $350 430.00
1 block $25 Household furniture $150 175.00
2 steers @ $40 80.00Total $4,329.00
Page 381The State of TexasCounty of Cooke This is to certify that I have made a true and correct exhibit of all the property belonging to the estate of Henry Cockrum Decd, that has come to my knowledge. (signed)Elizabeth Cockrum Sworn to subscribed before me this 28th day of September AD 1863 Saml Gooding, Clerk.

page 380


page 381

Henry Cockrum

This is what we have on Henry Cockrum. Any additional information would be appreciated, especially children, parents and wife's maiden name.

Henry Cockrum 1,2,3,4,5,6 was born about 1831 in , , Missouri. He died on 13 Oct 1862 in Gainesville, Cooke, Texas as a victim of "The Great Hanging at Gainesville, Texas, 1862".

Research notes for Henry Cockrum
Possible 1850 census entry for Henry Cockrum?? According to the probate record in the Cooke County records, Henry's wife was Elizabeth. In the marriage records for Cooke Co. in 1866, Amandy Cockrum married Wm. Elliott. Could Amandy (Amanda) who married in 1866 be the "A. Cochran" in the census record below??
=====
In the 1850 Fannin County, Texas census, household #1
Henry (Harry) Cockran, age 19, farmer, born Missouri
Elizabeth Cockran, age 26, born Kentucky
A. Cockran, age 2/12 months, female, born Texas
Jno. W. Petell, age 6, born Illinois
M. Petell age 10, female, born Illinois
A. Jones, age 2, female, born Texas





Henry married Elizabeth (?) . Elizabeth was born in , , Kentucky.
What was Elizabeth's maiden name? Who are the Petell children in the home? Was Elizabeth married before Henry Cockrum to a Petell?

Sources
1. Gainesville Great Hanging Sources."One of forty-two Union sympathizing citizens of North Texas who were charged with treason against the Confederacy by a Citizens Court in Gainesville, Cooke County in October 1862 and then executed in the Great Hanging at Gainesville.References:1. Richard B. McCaslin, "Tainted Breeze, The Great Hanging at Gainesville, Texas, 1862" (Baton Rouge, Louisiana: Louisiana State University Press, 1994).2. George W. Diamond, "Account of the Great Hanging at Gainesville, 1862" SOUTHWESTERN HISTORICAL QUARTERLY, Vol. 66, no. 3, January, 1963, p. 331-414, edited by Sam Acheson and Julie Ann Hudson O'Connell.3. James L. Clark, "Civil War Recollections of James Lemuel Clark, Including Previously Unpublished Material On The Great Hanging at Gainesville, Texas In October, 1862" (College Station, Texas: Texas A&M University Press, 1984).".

2. George Washington Diamond's Account of the Great Hanging at Gainesville, 1862, ManuscripteEdited by Sam Acheson and Julie, The Southwestern Historical Quarterly, pg .397, Vol. LXVI, January, 1963, No. 3.George W. Diamond was a brother of secessionists, John R. Diamond and James J. Diamond, who was a principal in the Great Hanging. After the hangings and the adjournment of the court, Diamond was given the records for the purpose of "preserving them and so disposing of them that the history of its (Citizen's Court) transactions might be perpetuated and justice done to those who participated in its deliberations. Diamond's compilation of "memoranda" was to be offered to the public as a just vindicaton of the conduct of those whose judgements were under national criticism. The members of the court examined Diamond's account and gave their unanimous and unqualified approval.
"pg 397The State vs. C. A. Jones("HumpBack"), James Powers ("Carpenter"), Eli M. Scott, Thomas Baker ("Old Man"), Geo W Anderson, Abraham McNeese, Henry Cochran ("30"), C.F. Anderson, Wm Wernell, B.F. Barnes ("35 or 40"), Wm Rodes, and N. M. Clark ("25").Disloyalty & Treason.The testimony against the above mentioned conspirators corresponds with the testimony herein before produced on the trial of Childs, Fields, Harper, Lock, and others. They all acknowledged their connection with the organization, and made full confession of their guilt at the gallows.===pg 398 Witness in trial against Ramey DayBen F. Barnes sworn.(Witness)I was at the meeting at Richie's Mill. Dr. Foster said the object of the meeting was to resue Harper; and he wanted us to take our guns and go -- myself and Ramey Dye. The reason we did not go to rescue Harper was because a messenger (Essman) told us that there were a great many soldiers in Gainesville and we were then afraid."

3. Connor, Seymour V. , Peters Colony of Texas, A History and Biographical Sketches of the Early Settlers, Texas State Historical Association; Austin; 1959."page 222
"Henry Cockrum was issued a certificate by the county court of Cooke County for 640 acres. Since his claim was later disallowed, it is doubtful that he was a bona fide colonist."
(**note: There is also a Edward Cockrum listed as receiving a certificate for 320 acres in Cooke County and in 1857 having his claim also disallowed.)."

4.Probate Record, Cooke County Probate Book 1, page 380-381, Sep 1863.
"Cooke County Probate Book 1, page 380-381, 5 September 1863
(bottom of page 380 and continuing on top of page 381)
Appraisement Bill of the Community property of Henry Cockrum, Decd
70 head of sheep @ $4 280.0035 head of stock cattle @$9 315.001
Yoke of Oxen $100 & 19 head of horses @ $80 1620.00
1span mules $400 & 1 bay horse $200 600.00
2 head of hogs @ $10 160 acres of land @$2 340.00
160 acres of land & improvements 250.00
2 setts of harnes & one wagon 175.00
Farming tools $25 2 log chains $14 39.00
1 corss but saw $10 1 box of tools $15 35.00
1 note $80 Debt on Doct Martin $350 430.00
1 block $25 Household furniture $150 175.00
2 steers @ $40 80.00
Total $4,329.00
Page 381The State of TexasCounty of Cooke
This is to certify that I have made a true and correct exhibit of all the property belonging
to the estate of Henry Cockrum Decd, that has come to my knowledge.
(signed)Elizabeth Cockrum
Sworn to subscribed before me this 28th day of September AD 1863
Saml Gooding, Clerk."

5. 1850 U.S. Census, Texas, Fannin County, Household #1, pg 142."In the 1850 Fannin County, Texas census, household #1
Henry (Harry) Cockran, age 19, farmer, born MissouriElizabeth Cockran, age 26, born KentuckyA. Cockran, age 2/12 months, female, born TexasJno. W. Petell, age 6, born IllinoisM. Petell age 10, female, born IllinoisA. Jones, age 2, female, born Texas."

6. Land/Deed Records."Cooke County Deed Records
3 July 1858Purchased 160 acres
8 July 1858Purchased 100 acres."

Orphan Daughters of John Miller

One of the most tragic stories of the Gainesville Hanging is that of Nancy L. Miller and Mary Elizabeth Miller, the orphan daughters of John M. Miller. (A third younger daughter, Luella, had been sent back to Missouri to live with grandparents prior to the start of the Civil War.)

Not only did Nancy and Mary Elizabeth lose their only living parent in the Hanging, but they were mistreated and their father's estate stolen and mishandled by the person who was suppose to provide them care and be the administrator of the estate.

When John M. Miller died in the Hangings, William Mitchell was made administrator of his estate. Just before John Miller died, he requested that Mitchell take or send his daughters to their relatives in Missouri and administer his estate.

Within a few years, Mitchell had sold most of the land and personal estate and had taken the money which was quite substantial. He then made a bill to cover the cost of caring for the girls to match what he had taken from the estate. Mitchell never sent the girls to school, did not keep them in a "lady like" style, and required that they labor to pay for their keep. Plus, he never took them to their relatives in Missouri.

The court finally put the girls under the guardianship of John H. Harrison in 1867.  Finally, Nancy and Mary Elizabeth were taken to live with their maternal grandparents, James and Margaret Sandusky in Carroll County, Missouri.  The grandparents were already caring for the youngest daughter, Luella.  The Miller daughters can be found living with their grandparents in the 1870 census.

Source Citation: Year: 1870; Census Place: Wakenda, Carroll, Missouri; Roll M593_766; Page: 398B; Family History Library Film: 552265

The "rest of the story" can be found on the John M. Miller Biography post.

  
Below are several pages of the John M. Miller probate with a transcription below the copies of the actual pages. There are additional probate papers concerning the John M. Miller in Probate Box 21 in the Cooke County Court House.

Probate Records, Cooke County, Texas, Vol. 1, January 1, 1867; Page 531 - 532

(Transcription of above court document)

Probate Records, Cooke County, Texas, Vol. 1, January 1, 1867; Page 531 - 532
The opinion of the court in the case of Mitchell administrator of the estate of J. M. Miller, died in the fall of the year 1862. John Miller departed this life, leaving some property and two children both girls, one about 8 and one about 10 years old, and requested that Wm. M. Mitchell take his property and children and when times got better to take or send them to their relatives in Missouri, in December 1862 Mitchell procured the appointment himself to the administration of the said Millers estate and petitioned the court for leave to sell the property to pay debts and in February 1863 sold a portion of the property for $280.50 in confederate money, in hand, and on the 8th day of February 1864 sold the balance of the property for $764 dollars in confederate money in hand, during the time he took possession of the children, he returns his sale bills in conformity with law to the court but made no further exhibits with regard to said estate until he was cited to do so by an order of the court made at the August term 1866 when he made what he called an exhibit showing the whole amount of sales to be $1044.50 in confederate money and his account for keeping the children cloth, horse feed, hunting horses, fee & etc to the amount of $442 dollars and 25 cents (specie charged); he introduced no proof to establish any item of his account, except five dollars for hunting horses and the keeping of the children, the proof introduced with regard to the manner of keeping the children was conflicting, but there was proof to satisfy the court, that they were not kept in lady like stile, or in idleness, and that they were never sent to school and that he kept them for nearly four years until the youngest was about 12 and the oldest was about 14 years old, and that if there was any lack of ability on their part to pay for their board and clothing, where his first took them, that before they left, they were well able to make up the deficiency, the court is not willing to sanction a practice of taking orphan children and requiring their labor, without ever sending them to school, and after keeping them until the estate is consumed, turn them off upon the cold charities of the world, and then make a bill to cover the whole amount of the estate as a final close and settlement of the same. The whole course of the administrator since the exhibit of the sale bills has been unsurable and contrary to law, and when at one time there was an application made to him for the youngest girl, he refused to let her go although he was not her guardian, nor has he any more right to the possession of her person than any other person, nor was there any proof of his ever trying to send them to their relatives in Missouri. The proof before the court showed that the property sold at the first sale was worth 66 dollars in specie and that the property sold at the second sale was worth 60 dollars in specie, the two sales make 126 dollars specie there were diverse small items in the first sale bill that Mitchells could not identify and therefore not prove enough not priced it is presumed by the court to pay the five dollars for horse hunting, all other claims forfeits in the absence of proof are presumed by the court to have been paid at the proper time in the confederate money received by the said Mitchell, from the sales of the property of said estate, as that was the currency and custom of the times.
It is therefore considered by the court that the claim presented by the administrator Mitchell for the sum of 442 dollars & 25 cts in specie be disallowed and it is further ordered and adjudged by the court that the said administrator Wm. M. Mitchell pay to John H. Harrison the sum of one hundred & twenty six dollars specie with interest on the same from the 1st day of June 1864 up to the first day of January 1869, making the sum total of one hundred & fifty one dollars & 20 cts together with all cost in this behalf expended.
Ordered by the court that court adjourn until court in ____
J. E. Wheeler, County Judge

Will the real John Miller please come forward!

Two John Millers in Cooke County in 1860.There were two John Millers in the 1860 Census in Cooke County. So, which John Miller was killed in the Great Hanging?

Diamond refers to a "John Miller" who was tried and hanged. Miller was also mentioned in Diamond's account of the DeLemeron (DeLamirande) case. Clark does not have a Miller on his list. McCaslin states that the Miller who was hanged was "John B. Miller". (We believe this to be in error and feel that his middle initial was "M" – John M. Miller.)

There are two John Millers in the 1860 Cooke County Census:
1. John Miller #1: On page 232, household 183, there is a John Miller who is a 39-year old carpenter, born in Kentucky, $960 in real property and $1200 in personal property. He is a single head of household with three young girls who were all born in Missouri: Nancy L., age7; Mary E., age 5; Luella A., age 3. (This family does NOT show up in the 1870 census Cooke County Census.) This John Miller was listed next to William Boyles on the census page and was also on the same page as William Rhodes. William Boyles was instrumental in bringing several other men into the Peace Party -- Martin & Leffel.

Three Victims of the Gainesville Hanging are on this census page. 1860 Cooke County, Texas page 232, household 183



William R. Rhodes
His wife, Amanda
His children:
Charles
Daniel
Willie
Samuel
Delia

John Miller with daughters:
Nancy L.
Mary Elizabeth
Luella A.



William Boyles
Wife, Elizabeth, and children on next page.







2. John Miller #2: On page 242, household 335, there is a John B. Miller, single, age 25, born South Carolina and appears to be a son in the household of Elisha & Mary Miller, who were also born in South Carolina.



More on John B. Miller #2
The 1860 census was taken the 6th of July, 1860. Several months later, on the 27th of September 1860, a John B. Miller, marries Mary Eubanks in Gainesville. This is probably the above John Miller #2 who in the census listed his middle initial as "B". We don't believe him to be the John Miller who died in the Hangings. (Mary Miller marries James Hooper in April of 1863. McCaslin feels this Mary Miller is the widow of his John Miller. Was this the Mary Eubanks Miller who was married to John B. Miller?? -- We don't know. John B. Miller also had a younger sister listed in the census by the name of Mary, who this 1863 Mary Miller marriage could be for.) John B. Miller & wife, Mary, cannot be found in the 1870 Census for Cooke County. So either he died or moved. Was this John B. Miller the one who died in the Hangings? Probably NOT. The other John Miller listed in the census is a better candidate because we know he died in the fall of 1862 prior to November 24th.

John Miller #1
According to probate records, John M. Miller died in the fall of 1862, sometime prior to Nov. 24, 1862, when the Cooke County Court appointed an administrator & appraisers for the estate of John M. Miller. (Cooke County, Texas Probate Book 1, page 327) Also on that same day and same page of the probate Book, the probates and wills of the following Gainesville Hanging Victims were entered: Alexander D. Scott, A. R. Dawson, Curd Goss, John M. Crisp, John M. Miller, Rama Dye, and Samuel Carmichael. It's as if the court listed all the Hanging Victims together on the same page.

Cooke County, Texas Probate Book 1, page 327




The Hanging Victims were entered in the following order:


Alexander D. Scott
A. R. Dawson
Curd Goss
John M. Crisp
John M. Miller
Rama Dye
Samuel Carmichael
John M. Miller










The Court records show that this John M. Miller died leaving two heirs: Nancy L. Miller and Mary Elizabeth Miller. The girls ages at the time of the probate were 10 years & 8 years old, respectively. The names and ages fit two older girls in the John Miller #1 census record. The youngest daughter, Luella, is not mentioned in the probate. Sometime previous to this time, Luella was sent back to Missouri to live with her grandparents.  This John M. Miller was not married at the time of his death because no surviving wife is ever mentioned in the probate records and the girls are called orphans by the judge.

In Diamond's account of the DeLemeron (DeLamirande) trial; Bradley (confederate spy) said that he had gone to DeLemeron and telling him he was a brother to the John Miller who was killed in the Hanging. The family (parents, brothers & sisters) of the 25 year old John B. Miller #2 lived in Cooke County and would have been known by county residents. So, it seems that there would have been some risk posing as someone who lived in the county and would have been known or familiar to other residents of the county. But John M. Miller #1 was from Missouri and did not have brothers who lived in the area.

In summary, we feel that the John Miller who was a victim of the Great Hanging, is the John M. Miller (#1) listed in the Cooke County Probate Book and in the 1860 census records as the single head of household with the three young daughters. In 1860, he lived next to William Boyles and William Rhodes, who also became members of the Peace Pary, so this John Miller would have had the opporunity to know about the Peace Party from his neighbors. Finally, we know from his probate that this John Miller died in the fall of 1862. He left two daughters living in Cooke County, Texas, who then became orphans.  A third daughter was with grandparents in Carroll County, Missouri.

UPDATES on John M. Miller:
Orphan Daughters of John Miller
John M. Miller Biography

Bringing in Union Men

The illustration above is from the Frank Leslie's Illustrated Newspaper, 20 Feb 1864 and is entitled "Bringing in Union Men."

On the night of 30 September 1862, men surrounded the homes of suspected unionists and at daybreak on October 1st the unionists were arrested.  Susan Leffel, in a letter dated June 1869, stated that the "leader of their families were taken off by those nocturnal visitors and destroyed by the hanging."  The 1941 obituary for the daughter of John Miller, Nannie Miller Brand, states: "The tragedy occured at night, and the terror-stricken little girl [Nancy] took her little sister by the hand and found her way through the forest at night by a blazed trail to the home of a neighbor." 

According to Barrett, "the heaviest rains I ever saw" started and the arrests took place in the pouring rain.

I was able to purchase a copy of the orginial 1864 Frank Leslie's Illustrated Newspaper through an antique dealer and placed a very high quality scan on Fold3. To look at the full doublepage centerfold of the above 1864 newspaper illustration, go to www.fold3.com  and to view the image: http://www.fold3.com/image/#52160008.   Personal and family use granted to all.  If you wish to use this photo or the one placed on fold3.com to post online, on blogs or commercial sites such as Ancestry.com, please use a text link back to this site or use the following wording placed nearby the information used:  Information and/or image courtesy of http://www.gainesvilletx1862.blogspot.com/