The Lynching of 1877 - Polk County Texas Submitted by: ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. ==================================================================== The Lynching of 1877 Polk County, Texas On approximately February 17, 1877, two cowboys were abducted, robbed and lynched in the woods of Polk County, Texas. Some say that they were horse thieves; others say that they were just passing through and were themselves waylaid by local criminals. In any event, four - maybe five - locals were accused of the hanging and, after several delays and continuances, were brought to trial in 1880, were convicted and sent to prison in Huntsville, Texas. In the Fall,1981, I spent an entire day in the attic of the Polk County, Texas courthouse pouring over dusty criminal dockets and jacketed file folders. I had heard a story from Lubie Nichols and Ena Miller Gatlin about a long-ago lynching that supposedly involved several of our relatives and, with very little to go on other than the name of Morgan Rye, I made an appointment with the District Clerk. Because she had known and admired my grandfather, R.E. Miller, for many years, she was more than eager to help. She took me to the attic, turned on the single light bulb that extended from the high ceiling, opened a few windows for air, and told me to help myselp. Taking her suggestion to look through the District Court Criminal Dockets, Spring Term 1877 first, imagine my surprise when, after only a few minutes, I came across a single entry on page 185, “The State of Texas vs. Morgan Rye Sr. Et al #1171/1172 Murder April 19, 1877” which called for a special venir of fifty jurors. It listed the following potential witnesses: L.P. Jordan, Ed Wiggins, Burgis Wiggins, Dock Cain, T. Cain, Russell Lilley, Geo. Hare, George Wiggins, Henry Wiggins, R.A. Sumrall, Tom Moye. Following the Clerk’s instructions further, I went to the far corner of the room where I found, built into the wall, slots for holding the case files. Each file was in a reddish brown folder, tied with at string and numbered on the end by case number. I found files 1171 and 1172 and began reading. The first documents were additional files for posting bonds and releasing the accused under writs of habeas corpus. They were as follows: 1185 Wm. Owens Habeas Corpus Bail $1000 1186 Randolph Fields “ Bail $1300 1187 M. Rye, Jr. “ Bail $1000 1188 M. Rye, Sr. “ Bail $2000 (posted 4/28/1877) 1189 M. Rye, Jr. “ Bail $1000 1190 R. Fields “ Bail $1300 1191 M. Rye, Sr. “ Bail $2000 1192 Wm. Owens “ Bail $1000 On April 19, 1877, the GrandJury, following the results of a Jury of Inquest in February, indicted Morgan Rye, Sr., Morgan Rye, Jr., Randolph Fields, Frank Snell and William Owens for murder in the first degree. The Grand Jury consisted of D.P. Taylor, Elijah Richardson, John Norris, J.W. Richardson, Jr., J.H. Johnson (foreman), and Phillip Rhodes. Asa Emanuel had been called as a prospective Grand Juror but was not selected. The District Judge was Edwin Hobby. During the proceedings, the following witnesses were called: W.W. Richardson, Wm. Claybrook, R.B. Nichols, Jas. Nichols, H.M. Sansom. The following witnesses testified to the Jury of Inquest on July 22, 1877: “No. 1. J.T. Cain sworn says that himself and Brother ware hog hunting and found sign of where horses had been tied and on examination found where some person had been hung found a peace of rope with a hangmans knot - and upon further examination found the bodies of two men unknown to witness. Said men had a peace of small rope tied round there necks. Sworn to and subscribed before me this Feby 22 1877. L.P. Jordan, JP (Signed by an X) R Cain and J.T. Cain” “Wit No.2 Frank Stutts sworn says that he saw one of the deceasts talked with him some two weeks past - and decast told witness his name but witness does not recollect his nam he told witness that he had been out west running stock and that he was going to Vicksburg his people was there decast was riding on horse and leading one and had a 16 shooting gun with him decast ast John Wiggins if he saw a man or met one and Wiggins told decast that he did and that man ast if he saw decast. Sworn to and subscribed before me this 22 day of Feby 1877. L.P. Jordan, JP Frank Stutts (Signed by an X).” “Witness No. 3 E.W. Wiggins sworn says that the decast that lies before him et breakfast at his house Friday the 16th of Feby this inst - the two decast was in the custody of Morgan Rye, Sr., Morgan Rye, Jr., Randolph Fields, Frank Snell and Wm Owens. One of said decast was locked with chains the other handcuffed. The possy left witnesses house 9 or 10 oclok and one of the decast said his name was Sam Black. Witness does not recollect what the other prisners called himself. Witness knows nothing further. The above transaction taken … Polk County Texas. Sworn and subscribed to before me this 22nd day of Feby 1877. L.P. Jordan, J.P. E.W. Wiggins (Signed by an X).” “Witness No. 4 Burges Wiggins sworn says that William Owens said that they intended to put the prisners to a line one of said …. Sworn to and subscribed before me this 22 day of Feby 1877. L.P. Jordan, J.P. Burges Wiggins (Signed by an X).” The case was then continued to October, 1877. It was later continued again to April, 1878 and to October 1878. At that time, attachments were ordered for Ed Wiggins, Burgess Wiggins, Henry Wiggins and Tuk Cain. Also, in Liberty County, attachments were issued for Jesse Lunn and Chas Staten as witnesses for the state. W.W. Hilliard was attached from Newton County. W.H. Nichols posted an attachment bond on October 21, 1879. Some of the documents were pure courthouse drivel. Others, such as this appeal from a potential witness, were more entertaining: Woodville. April 23rd 1879 Dist. Attorney Perryman, Livingston Dear Sir - I sent a Physician’s certificate of my inability to attend this term of Dist Court suffering as I do from severe Hemorrhoids - and inflation (sic) of the kidneys & bladder & general disibility - I have not been able to scarcely sit stand or walk for six weeks - I do not know vut very little in Morgan Rye case - only this and only what I can testify to - to wit - that M. Rye said to me in conversation “would you be willing to help hang them” or are you willing to help hang them” - I said I would not engage in any thing of this kind & that was all that I heard - I hope you will excuse me from this term under the above stated circumstances & not put me and my sureties to any expense or trouble. Your truly J W Busby In the Fall, 1879, the jury selection process took place with the following citizens being called. Here are the results: Incompetent Challenged by State Challenged by Deft Mid Skinner Wm Hendry W.H. McDonald B. Richardson Fred Hill Miley Peebles Jesse Rhodan J.P. Straughon R. Swilling John Chambers C for C --- Hickman Jno P Roth W.D. Hood C for C Joe Hagan T.A. Hammond Asa Emanuel C for C M.A. Jones Thos Leonard A. Norts John Morris A.G. H--- M. Myers S.E. Gressiatt A.H. Victory F. Brazzel E.T. Harding W.J. Kennedy Sam Murphy C for C J.R. Oats M.W. McNeil T.F. Hill Rich Richardson Wm Scurlock D.P. Taylor Witness Wm McDonald W.H. Mathews S.B. Jones J.A. Nelson R.H. Mills J.W. Peters W.W. Smith H. Williams H.C. Harding ` James Mathews J.-------- Hosey Gay Witness Abe Peebles G. Jennings James H. Hutto J.H. Grinnell - P. Whisenhunt D. Nichols James Oats Ralph Leggett Wm Faircloth Absent Wm Morrison B.D. Hayes Josh Abrams G.W. Hendley Robt McMichael Edgar Walker Jno B. Taylor J.M. Nicholson John Wald --- M. Dorish .G. Harding James Thomas John Hammond Pierce Mills John Towns Wm. Kerr A.J. Chandler Robt. Kerr The jury was finally selected and empanelled on December 29, 1879: Wm. Hinson, J.Y. Foster, E.T. Josey, John Ryan, G.T. Parish, John Walker, Sam Parish, F.A. Butler, B.H. Glass, J.C. Fagins, G.K. Butler, T.J. Hilton. Although my records do not indicate the date of the actual trial and the intial verdict, the Polk County District Court, on appeal dated March 3, 1880, affirmed the guilty verdict and set the sentence at “imprisonment for life.” The Presiding Judge was John P. White and the Clerk was Chas. S. Morse. The prevailing family story is that, several years after being convicted, a serious fire broke out in the prison and many of the prisoners who helped fight the fire were paroled. That group supposedly included the four from Polk County who, once released, returned to the Big Thicket. The amazing thing about all of this is that many of the families involved - on both sides of the law - were related to the defendants and are related to me! W.W. Richardson was my g.g.g.grandfather and Morgan Rye, Jr. was his stepson. Richardson’s daughter, Ada Richardson, married both William Claybrook and William Owen after the death of her first husband, William Nichols. Even some of the witnesses and prospective jurors are family: Asa Emanuel was my g.g.grandmother Miller’s brother; D.P. Taylor, my g.g.g.grandmother Miller/Musgrove’s brother.