Freestone County, Texas
Reflections


Freestone Past/Present
J.R. “Sonny” Sessions


Judge H. Fountain Kirby
77th. District Judge

  When Limestone Co. created what now Freestone Co. was part of it.
Freestone Co. separated in l851, over the years these Counties been very 
involved. The 77th. District Court is shared by the two Counties, 
historically for many years the 77th. Judge was from Limestone and the 
87th. District Judge which created years later from Freestone. Today 
both Judge’s are from Freestone.
  Many today do not remember Judge Kirby a young Kosse attorney 
who served in the trenches in France during WWI. He returned to 
Limestone Co., was elected County Judge and served during the Mexia
Oil Boom with all its problems including Marital Law with the military 
and old time Rangers sent to restore law and order. Judge Kirby cast 
the deciding vote for the construction of a new Courthouse, it was 
thought the oil would pay for it, it didn’t and was many years doing so.
He made lifelong friends of his military companions and earned their 
respect, one the father of my friend Kirby Hyden named his son after 
him.
  Judge Kirby became District Judge in l929 and served the next 23 
years making many decisions that affect all of us even today. Many of 
his rulings unpopular and controversial especially at the time. Judge 
Kirby became known as a champion for the under dog, the poor and the 
uneducated. An anti-prohibitionist he supported Gov. Miriam “Ma” 
Ferguson politically. He became known as the “Injunction Judge”
And issued them locally and all over the State, the Court of Criminal 
Appeals issued an order for him to stop granting them, I am told he said 
those SOB’s couldn’t tell him what to do and couldn’t as continued.
  He released many from Jail he thought unjustified, on one occasion he 
ordered a man released jailed by a Ranger for extradition to California 
that he wasn’t satisfied with the ID, the next day he learned the man 
had been jailed again by the Ranger on orders from Texas Gov. Jimmy 
Allred.
Judge Kirby issued a Writ of Attachment and arrest warrant with 
orders to Sheriff Simmons to go to Austin and bring the Governor 
before the 77th.  District Court. Gov. Allred learned of this and hid out 
several days while the Sheriff trying to locate him, he called Judge 
Kirby, apologized and made amends.
  In l929 a whisky maker named Fagan was charged with the murder of 
Special Texas Ranger Willard in Freestone Co. convicted and sentenced 
to death, the Court of Criminal Appeals reversed this with a new trail 
ordered before Judge Kirby who ruled it be double jeopardy to try him 
again and freed him. A few years later Fagen killed at his still by 
Deputy Jim Wasson while trying to shoot my Daddy Sheriff Jim 
Sessions. This a very controversial ruling by Kirby.  More on Judge 
Kirby next week.
                               ******
       Grandpa’s Report
  May is our month for family birthdays Hammond 47, Kali 16, Kyle l9, 
Kenzie 10, Devin 9 and Anna 11. (Hope I didn’t leave anyone out). Kali, 
Cooper. Kenzie, Devin and Sara all playing baseball, all on different 
teams and many times in different locations, think that wont keep you 
running.
  JR’s High School baseball over when lost out in playoff’s with Valley 
Mills. JR’s senior year coming to an end in near future and be leaving 
for US Military Academy at West Point in late June. Performed his last 
official act as President of Wortham FFA at Awards Dinner with new 
officers sworn in. He and others received special awards. Mr. Knotts 
and Mr. Phillips have been his instructors. Grandma and I attended 
along with his Dad James.
  Fish fry Sheffield Ranch, appreciate being involved. Grandma to 
Ladies Domino Club Dinner and games. Surprise Golden Anniversary 
party at Kirven Baptist Church fellowship hall for Shirley and James 
Parkhill. Ellis Wynne and I rescued dog some low life had put in Kirven 
trash dumpster