Frio County Texas Archives News.....The Frio Tragedy July 27, 1886 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/tx/txfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Patricia Clayborn claybornp@aol.com January 4, 2008, 9:08 pm The San Antonio Daily Express July 27, 1886 THE SAN ANTONIO DAILY EXPRESS - TUESDAY MORNING, JULY 27, 1886 THE FRIO TRAGEDY FULL ACCOUNT OF THE FENCE LINE AFFRAY Two Men Slain and Two Badly Wounded-Ante Mortem- Statement by Buck Claiborne - A Bloody Ground Big Foot, Frio County, July 25,---One of the bloodiest affairs which ever took place in any country occurred in Frio County on the 19th of July. The parties engaged in this bloody conflict were John Claiborne, Buck Claiborne and Pat Claiborne on one side, and James Winters, Doc Winters, Ben Winters and Tim Winters on the other. This difficulty grew out of a contract that was said to be let by Mr. Johnson, of Pearsall, and both parties claimed said contract. The fight took place on the fence row, where both parties claimed the right of being. As to the facts I will state that, in accordance with the testimony, there was one man killed on the ground, three others badly wounded, and one has died since. Mr. Thomas, Justice of the Peace, summoned a jury and went to the place of battle. On the way we met James Winters and Tom Winters who piloted us back to the place where this bloody fight took place. They both talked plentifully. After riding about eight miles through brush, we came to the place. I asked Mr. Winters to please give me the positions of both parties. He said he would, as near as he could. He pointed to some brush that had been cut out of the fence and said: "Myself and Tom Winters were sitting down on the brush, when the Claibornes rode up and jumped down. They run up right there, (pointing to the place about six feet in front of where he was sitting) and fired at us. Then the general fight opened. As to the particulars you will learn them in due season". I asked him where did the corpse lie? He pointed to a place where you could see a pool of blood. He said: "John Claiborne fell here. Buck Claiborne fell here." Another pool of blood. Then we rode a few feet further and he pointed again. "There is where Dock Winters fell," and there was another pool of blood. There being no dead men or wounded men on the ground, I asked where were the dead men and the wounded men. He said: "As to the Claibornes I don't know where they are, but Dock Winters was carried to his home during the night." We rode down to Mr. Jerry Jones'. There we found where the body was, it being at a school house on the Lagunas creek. We proceeded to the school house. There we found the body of John Claiborne, one of the wounded men, Buck Claiborne, and a goodly crowd of friends and relatives. Dr. Earnest from Pearsall and Dr. Phabian, who were dressing the wounds of Buck Claiborne. I never saw a more heart-rending sight. It was found that Buck Claiborne was shot three or four times. You may talk about endurance fortitude and nerve, but this man was invested with more nerve than it seems possible for a man to have. He bore his sufferings without a murmur. He would call on the good Lord to have mercy on him once in a while. When asked what he thought of his condition, his reply was: "I have hopes". The jury were called by Constable Crutchwell. All responded to the call, and after being duly sworn by Esquire Thomas they proceeded with the inquest. Drs. Phabian and Earnest were called to make the necessary examination. The dead body was removed from the presence of its wounded brother, and the bloody shirt removed. It was found that the body contained four shots. Either of them would have been fatal. One ball entered the left breast, passing through and below the nipple. The place of exit was just below the left shoulder blade. The second ball entered the back on the right side of the backbone, and was cut out between the two lower ribs on the same side. Two other shots were found in the body but never made any exit. Dr. Earnest thought it unnecessary to cut for them as the other two were fatal. The hand and left arm of the dead body were also shattered to the elbow. A part of this ball was extracted by Dr. Earnest. On examination of the head it was found to have had several blows from some instrument. From the top of the forehead to the crown of the head there were one or more terrible blows. Just above the left eye was a cavity about two inches long, to the skull. There was a wound just below the left eye. It was also to the cheek bone. The whole breast from the right shoulder to the left and down to the pit of the stomach was black and from appearance, it was caused by a stick or butt of a gun. Here the investigation of the body was brought to a close. The dying declaration of Buck Claiborne was next taken by Esquire Thomas and the jury. The question being asked if he was sane, [can't read the rest of sentence] tional. The question being asked what he had to say about the matter, or if he wanted to make a statement to the jury and public. He said he was ready and willing to make a true statement. On being sworn, he said: "I took a contract from Mr. Johnson to cut out a fence row and set the posts for seven miles of fence. My brothers, Pat and John, and Mr. Ellis were working for me. We went to work in good faith and worked for several days. Hearing that Mr. Abbey, the owner of this land, was slow pay, we concluded to wait and see Mr. Johnson, as he was to be down in a few days. But Johnson failed to connect. Then I sent a man to see him, and he failed to see him. So we concluded to go to work again. On Monday the 19th I sent my brother John, Mr. Ellis and Mr. Ellis's son out to work. "Myself and brother Pat did not go till in the evening, from the fact that we went to the store to get provisions to work on. But I did go after dinner. Pat went also. When we got to where the boys were at work, young Moore was there and told the boys that James Winters had taken that contract, and setting posts on the right of way where we had a contract. I _____that they if _________________(can't read) were at work, and the boy said that they had come out there to work and he suppose they were at work. After the boy had left, we concluded to go and see the Winters and have a talk with them. I had a shot gun and my brother Pat a Winchester. I gave my gun to Mr. Ellice and told Ellice and Pat that since they had guns fire to stay behind, and that myself and brother John would go before and have a talk with them. We started along the fence rail. When we came in sight of the Winters' we did not see but two, but getting up close to them we saw there were five, young Moore being one of the party. We rode up to them and got down from our horses, brother John being the first to speak. He walked up close to Jim Winters and asked what authority he had to work on our work. The reply was: "It is none of your business, you d____n____ ____ ___." He (Winters) struck John on the head with a gun and felled him to the ground. At the time this stroke was made Dock Winters, or I took it to be him shot my brother Pat. Then I was shot, and was shot the second time. After I was shot the second time I walked about eight or ten steps and fell. Just about the time I fell I received the third shot. I turned over and they were trying to cut my brother John's throat, or I thought that was what they were doing. I made an effort to get up. James Winters seeing me trying to get up commenced shooting at me again. It seemed that there was a cartridge held fast in the gun. I begged him not to shoot me any more, for I was already shot to death. I told him I did not come here to have any trouble, but to talk and reason with him, but they did not give me time. The hull flew out of the gun and he would have shot me in the head, but he had got so close to me I reached up my hand and caught hold of the muzzle of the gun and pushed it down just as it fired and the ball took effect under my chin and came out under my last rib." On being asked if he had anything to defend himself with he said; "Myself and John had nothing, not even a pocket knife." Here he closed by saying he never thought of having any trouble. Pat Claiborne was found at his home, with one shot in the shoulder. He being sworn, said: "When the fight commenced I was about ten steps behind my brothers John and Buck, and not thinking of anything I did not hear what was said. I was the first man that got shot. After being shot I turned around about twice before I got over my shock. By this time my two brothers were shot down. I then shot the man that shot me. This one shot was all I had. I started to get away the best I could, and they halloed: "Shoot the d__n ___ ___ ___." "I asked them not to shoot me any more as were all killed. I kept on and they followed me and shot at me three times. One ball took effect in my leg." He then closed by saying that John nor Buck had anything with them. Here the examination closed and the jury rendered their verdict that John Claiborne came to his death from gun shot wounds, the guns being in the hands of James Winters, Ben Winters and Tom Winters. The bond was fixed at $1500 each. The bond was soon filed and the men liberated. Since writing the above Buck Claiborne has died and Dock Winters is very low. _____________________________________________________________________ THE SAN ANTONIO DAILY EXPRESS - TUESDAY MORNING, JULY 27, 1886 THE FRIO TRAGEDY: FULL ACCOUNT OF THE FENCE LINE AFFRAY File at: http://files.usgwarchives.net/tx/frio/newspapers/thefriot122gnw.txt This file has been created by a form at http://www.genrecords.org/txfiles/ File size: 10.2 Kb