Records of the Assistant Commissioner for the State of Texas
Bureau of Refugees, Freedmen and Abandoned Lands, 1865 - 1869
National Archives Microfilm Publication M821 Roll 32 
"Miscellaneous Records Relating to Murders and Other Criminal Offenses
Committed in Texas 1865 - 1868"

http://freedmensbureau.com/texas/texaffidavit2.htm
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The State of Texas
City of Austin 

Mark Walker, colored, being duly sworn testifies as follows:---- 

I used to belong to William Hines. I have been living ten years in Freestone
County. This year (1868) I rented ground and a cabin on the place of Dr. Gibbs
in said county, in the same yard with James Eaton Haynes (colored). About the
last of April I think, about seven or eight men (white) came to my house, and
called "Mark, Mark, come out"---- stating that they had a Captain in their
company and were ordered take me to Fairfield by the Bureau from Waco. They
said "We understand that you have two revolvers," and they ordered me to take
them (revolvers) with me, and get ready as quick as possible. About this time,
or a little before, I heard the voice of Eaton Haynes crying "Help, Help." I
was asleep when they first came, and the first thing I heard was the call "Mark
come out." My wife called me the same time. I did not recognize any of them
'til Cap. Davy stepped upon my gallery and said "Mr. Sheriff is this what I
ordered you to do, God damn you?" He then broke down the door and came in and
said Mark you know me don't you? I said "Yes Captain I do." He said that he was
ordered by the Bureau at Waco to take me to Fairfield. Says I, "Cap. Davy will
you let me make up a light to get my clothes," he replied, "No." I said "I am
naked and I cannot go without my clothes." My wife then said "Please let my old
man get his clothes." He said to her, "Shut up your G---d d---m mouth." He then
said "Mark I want you take them two revolvers I understand you have, and if you
want to go to shooting we are all ready for you." My wife then got my five
shooter and handed it to me. Then he gathered me in the bosom and said "Come
out of here I'll wait on you no longer." By this time quite a number of men
were in the house, I recognized three of them, Cap. Davy, Jim Oliver and Jno.
Dunn, they dragged me out of the door, threatening to shoot out my brains if I
resisted. I said I would not resist, that I did not know what I had done for
which they should carry me to Fairfield, they then said , "O no, I reckon not." 

They carried me out over the fence and made go along with them, on the road in
a trot, and one of them jerked my five shooter out of my hand. They kept saying
"let us shoot him." Cap. Davy said "men obey orders, don't shoot till I give
the word." They then asked me if I prayed. I told them I did. They asked me if
I ever preached. I said no. They asked me if I ever fished with man's bait. I
said I had not. Cap. Davy said "You went fishing Saturday didn't you?" I said I
had. This was on Monday night. They then said "You caught a right smart
string." I said I did. They said "You can go a fishing again tomorrow" and "you
can fish with your own bait." By this time we were passing by their horses
where they were hitched in a wood pasture. I said "there are some horses," they
told me to shut up my mouth and come on. They took me about 3 hundred yards off
the road into a bottom and made me sit down on the ground --- and Cap. Davy
having sat down too by me on left side, put his pistol to my left ear and
jabbed it to my temples and asked me how I would like that and then said "You
can report to your friend Culver tomorrow about us. He is in hell and we going
to send you there too G---d d---m him." He cocked his pistol and started to put
it to my temple again. I said "Mr. Davy don't shoot me, don't shoot me for
God's sake," I threw up my hand and knocked the pistol off. I then jumped and
run, got off about 5 feet and the pistol fired hitting me in the left leg. I
fell. They said "he is down." I then got up and continued to run. They firing
at me. They tried to surround and head me off but I managed to get away from
them. They shot at me about a dozen times. I returned to my own house and
called to my wife --- she was not there. I hunted her up --- she was among the
colored men trying to get them to hunt me up. I then got my gun and went to Dr.
Gibbs and showed him my wounds and told how it was done. He said to me that he
had heard men talking about killing me for reporting to Capt. Culver about the
burning the colored school house. He further said that the white people were
all mad with the colored people for letting the Yankees fool them and for
joining the Leagues, and as the troops were gone they would now have
satisfaction. 

I then left and came to Waco & from there to Austin, and went back to my home
with some soldiers, and leaving my crops and many of my things came back to
Austin with the soldiers. On our way back the prisoners were delivered up to
some armed men. I cannot stay at home. They would kill me there. 

I had no quarrell with any of these men who assaulted me. They told me that it
was because I reported the burning of the school house (colored) to Capt.
Culver and because I was head of the League. 

During the night when I was in their hands, they told me that they intended to
kill Col. Lippard and Ed Dillard and Fred Miller because they were all League
men. 

(signed) Mark (X) Walker 

Sworn to and subscribed before me this the 18th day of June 1868. 

(signed) Thad. McRae
Clerk Court on Lawlessness 

A True Copy