Killing The Sheriffs

The Spicer family holds an annual reunion at Fort Belknap Texas, which is a restored US Army Fort 100 miles northwest of Fort Worth. Fort Belknap was established in 1851 as one of the line of Forts protecting settlers from the Comanche, Kiowa and other Indian tribes. The Fort became unused after the Civil War, and the small farming community of Belknap grew around it.

The brothers Gustavus and Edwin Graham came from Kentucky to Texas, and established the town of Graham in 1871, 6 miles southeast of Belknap. The Graham Post Office opened in 1873, Graham became the seat of Young County in 1874, and The Graham Leader newspaper began in 1876 (it’s still going in 2023).

After our 2022 reunion, I wandered through the Graham Cemetery, and found two graves which led to this story.

The Post Brothers

In October 1879, Jack Post was helping Green McDermot on his cotton farm southwest of Graham, while their wives were away in Parker County. Mrs McDermot returned three weeks later, and Jack told her that her husband had sold all of his property to him (Jack) and his brother Nelson, and left.

DIABOLICAL CRIME Knocked in the Head With an Axe

It becomes our duty to chronicle a cold-blooded and hellish murder which is to be put down in the history of crime as having been committed in Young county.

On the 19th of October, G. B. McDermot disappeared, during the absence of his wife, who was visiting in Parker county. His property, consisting of a wagon, two horses, 23 bushels of corn, 600 pounds of cotton, and the household furniture, was found in the possession of Jack Post, Nelson Post and L. W. Smith, who told the neighbors that McDermot had sold them the property and had left the country.

On Thursday November 6th, immediately after the return of Mrs. McDermot, our officials were notified that her husband had been foully dealt with. Jack and Nelson Post were promptly arrested by Sheriff Melton and lodged in jail, while L. W. Smith was arrested by Mr. M. D. Wallace, and now, also, languishes in durance vile.

The neighbors were aroused and search was immediately instituted for McDermot’s body, which, after a long and careful search was found just back of his (McDermot’s) field, in a ravine, partly covered with dirt and brush. He had been dead just three weeks at the time his body was found, which was decomposed, but was readily identified by the clothing, etc.

Graham Leader November 15 1879

Justice Jones held the inquest at McDermot’s property.

We left town on Monday to visit the scene – following the wire road [the telegraph line] some ten miles we came to the Brazos, which was crossed dry-shod [the Brazos sometimes ran dry at this spot]. Five miles more brought us to where Justice Jones was holding the inquest. The remains were in a box, and upon the skull was the imprint of an axe, in three places, which evidently caused the death. The Coroner and Jury worked most commendably to place the crime upon the perpetrators, and after remaining in session for a few hours they returned the following verdict:

An inquisition held this day on the dead body of Green B. McDermot, near his residence on Fish Creek, by W. P. Jones, Justice of the Peace of Precinct No. 2, Young county, on the oaths of Wm. Akers, Benj. Reid, J. C. Townsend, J. W. Burnett, J. C. Cothran and Stephen Hart, all good and lawful jurors; who being sworn diligently to inquire into the cause, manner, time and circumstances of the death of the said McDermot, and having heard all the evidence, upon their oaths do say, that they find that the said McDermot came to his death on the 19th day of October 1879, and was caused by a blow or blows inflicted on the head of him, the said McDermot, and the Jury aforesaid further present that from the evidence they believe that Jack Post, Nelson Post, L. W. Smith and _____ did inflict said blows, and that they, the said Jack Post, Nelson Post, L. W. Smith and _____ did kill and murder him, the said Green B. McDermot.

Graham Leader November 15 1879

After the preliminary examination the following week, the Post brothers were committed to jail without bail pending trial, and Smith was discharged due to lack of evidence against him.

Nelson was tried, convicted and sentenced to 99 years on September 24 1880; his brother Jack was tried, convicted and sentenced to death the next day.

The Posts sat in the Graham jail while their appeals slowly moved along. The Texas Court of Appeals finally affirmed the convictions and sentences in June 1881.

The McDonald Brothers

While the Post brothers continued to languish in durance vile, Belknap merchant and postmaster James Martin was called from his home by three travelers on the night of June 9 1881; they needed to buy supplies from his store. Martin did not return home that night, but his wife was not concerned because he often spent the night at the store. At breakfast the next day he was missing; a search party followed tracks northwest, where his body was found half a mile from the store, shot through the head and chest. Sheriff Melton led a posse after the suspects, but the trail vanished after 35 miles.

Mr Martin, the victim of these depraved devils in human form, was one of the oldest and best citizens of the community in which he lived, having been engaged in merchandising during the past six years. About two years ago he married Miss Johnson, of Denison, an accomplished lady, whom he leaves disconsolate. Very many friends and acquaintances, who in times past have tried and found true, a man loyal to every impulse -whose genial and accommodating nature endeared him to all who knew him, now mourn, and will ever cherish the memory of J. E. Martin.

Graham Leader June 17 1881

On June 17 Sheriff Melton started the manhunt again, after getting a description of one of the men and their horses. He traveled southwest, adding deputies from Shackleford, Brown and Coleman counties as he rode, and learned that the killers were named McDonald. On June 24, they caught up with them at the McDonald home, 120 miles from Graham, and surprised them while they were sleeping.

Sheriff Melton has just arrived with the three murderers of Martin, and has safely lodged them in jail. Their names are Pete McDonald, Dee McDonald and Nick McDonald. They were caught while asleep at the house of Mr. McDonald, the father of two of them, some twenty miles west of Coleman City. Pete and Nick are brothers, the other is a cousin. Leggings, boots, hats, slippers and other property were also captured, all of which can be proved to be goods that were taken from Martin’s store at Belknap. Seven horses were taken. No attempts have thus far been made toward lynching them. A large number of citizens are here from Belknap, and it is not known what may happen. Intense excitement prevails.

Dallas Herald June 28 1881

Our Sheriff is proud of his success, and well he may be, for everybody rejoices with him, and should give him the credit he so richly deserves. He has shown his pluck upon former occasions, and this is considered a crowning triumph for him.

Graham Leader July 1 1881

The two sets of murderers were now sharing cells in the Graham jail, guarded by Deputies Jefferson Davis Melton (brother of the Sheriff) and Sam Murphee. Deputy Murphee was rumored to be engaged.

On August 28 1880, John Waddington had been killed by two men in Baylor County. Rufus Keutch and Paul Dozier were suspected and brought before the County Judge, who released them for lack of evidence. In July 1881, Paul Dozier was arrested again in Baylor County for horse theft, and quickly escaped. He was recaptured and taken to the more secure Graham jail by the Baylor County Sheriff. The steel cage was already full with the Posts and McDonalds, so he was put in the oak cell.

On the evening of August 4, Dozier decided to leave without permission. He used a file to make a saw from a bucket hoop, sawed through the oak wall, climbed through the garret to an upper window, and used a blanket as a rope to lower himself to the ground. As he was walking away silently with his boots in hand, a Deputy saw him and sounded the alarm. Shots were fired, the bloodhound was released, and Sheriff Melton started in pursuit on his horse. The town was alarmed, and others joined in the chase, not knowing which inmate had escaped. When Dozier’s body was found near the schoolhouse, it had ten bullet holes.

One the day of Dozier’s escape, William McDonald was in town to see his jailed sons, and the following letter from Pete McDonald was found on Dozier’s body.

Graham, Tex. Aug. 2, 1881

Deare Father, Sir

I want out of this place, I written Amanda [his sister] a letter to send out by a prisoner but got afraid of him and got a chance to slip the letter to Mary Post and she mailed it for me and I know that she did not give it away for she has got a brother in this place and she wants him out on the ground and you kneed not be afraid to trust her.

I want you to get me some pure Acafortice [Aquafortis, an old term for nitric acid] if you can, and some fine spring steel saws, that will cut this hard chilled iron or chilled steel cage, and I want you to try the saws and acid on a hard steel file or horseshoe rasp, and if it will cut them it will cut this cage.

And I want you to get me some small pocket pistols that will go through a hole that is 2 by 2 1/2 inches square, and I want you to bring them or send them here to the east end of the jail and at the southeast corner at the window and you will find a string hanging out at the upper window and take hold of the string and jerk it and we will be up ready to pull the string in when you tie the things on the string, and I want you to send me a goose quill pen to work the Acafortice with.

We have got a hole open to the ground from one cell and a prisoner is going to make a brake tonight and says he will carry this letter to your camp, and if you get this letter, the first time you see me scratch your head with one hand, and if Amanda got her letter scratch your head with both hands, and if you are going to do anything when you come rub your eyes with one hand so I will no what to depend on.

If not I expect to make a brake for life and liberty if I get killed before I strike the ground, for I am tired of this yawning hell. And send me a dose or two [poison] for the Dog.

If you work this thing there will be no trouble about us getting out when you get away they are not half so Watchful.

P McDonald

J S Post, writer

Fort Griffin Echo Aug 13 1881

With the letter intercepted, William McDonald never got the chance to scratch his head or rub his eyes. The guards stayed alert at the jail, and on October 28 1881, Jack Post was hanged twice before a large crowd on the Graham town square.

Jack Post has been losing flesh during his confinement in our jail, and presented a pitiable appearance, being apparently hardly able to walk from excessive weakness. When sentence was pronounced against him in September last, he had to be carried to the courtroom by four men, and held in a sitting position while the court read the sentence. He had all the appearance of an insane person, gesticulated wildly, and when being carried back to jail attempted to escape, but was forcibly prevented. He has been silent and gloomy during his term of confinement. Even his mother or sister could get no word from him until after his attempt to overpower his keeper. After that time he became more talkative and confessed that he had been playing the insanity dodge.

Fort Worth Democrat October 29 1881

The prisoner ate his breakfast as usual and appeared calm and collected. At 10 o’clock he was taken to the barber shop to be shaved. He walked quietly along with the guard, and made no attempt to escape. Religious services were held in his cell; his mother and sister were present, and almost frantic with grief, clung to him, wringing their hands, crying and praying by turn. At 1 o’clock a wagon conveyed him from the jailyard to the gallows. As he stepped on the wagon, he saw his coffin there; and remarked, “I guess this is my box,” and set down upon it.

When the trap was sprung the rope slipped around his neck, throwing the knot in front.

He was hoisted up again, the rope adjusted, and he dropped a second time. A few convulsive movements, and it was over. The body hung sixty minutes, and was then cut down. It is estimated that nine-tenths of the people of Young, and many from adjoining counties, were present at the hanging. His mother and sister were not present at the gallows, but bid him farewell at the jail.

Fort Worth Democrat October 29 1881

The McDonalds, who were between 16 and 24 years old, watched Jack leave the jail, and did not intend to follow him to the gallows. On Sunday morning January 1 1882, as he did each morning, Deputy Melton moved the McDonalds from their steel cage to an adjacent room for breakfast, and kept them covered with a revolver in each hand. Deputy Murphee remained in the cage to clean it. As Melton transferred both pistols to one hand so that he could get a match out of his pocket, the McDonalds jumped him. They quickly overpowered him and had the guns; he yelled for help, and Sam Murphee was shot through the heart when he ran into the room.

The McDonalds knocked a hole through the wooden floor and dropped down to the ground floor with their hostage. They went out the back door with Melton, as armed citizens gathered at the front after hearing gunshots. The McDonalds were all still wearing shackles, and walked slowly away with their hostage; one of them walked backwards facing the crowd, threatening to murder Melton if they were fired upon.

A dead-eye citizen made a single shot, and one of the McDonalds dropped dead. Melton broke loose and ran, and was shot in the face as a gun battle began; he grabbed a gun and joined the battle. The two remaining McDonalds fell wounded, took cover behind stumps and kept shooting. After a while, their shots stopped. Waiting a while longer, one of the citizens walked up cautiously and found the McDonalds dying. After they died on the street, they were propped up for a photograph (sadly lost), then put into pine boxes and buried without ceremony in unmarked graves at the Boot Hill section of the Graham Cemetery.

Deputy Sam Murphee was buried the next day at the age of 27, with a large crowd of mourners.

In October 1884 James Melton withdrew from the race, and Marion Dekalb Wallace (who had captured L. W. Smith in 1879) was elected Sheriff. In the same election, Sam Houston’s son Temple was elected State Senator representing Graham and the surrounding counties.

Graham had multiple saloons. In the 1880s, temperance movements grew throughout the West, and in August 1885 Graham residents voted 415 to 410 to prohibit alchohol, putting the saloons out of business.

The Green Brothers

The brothers Amer (b 1852) and William (b 1854) “Bill” Green were raised in Deer Creek, Cass County Indiana. In July 1881, Bill was at a local festival being obnoxious, when Enos Brumbaugh told him to behave. Bill went home to get his gun, came back and killed Enos in his seat. Bill then ran away, and was not heard from.

In August 1886, Amer was courting Luella Mabbitt. He took her out in his buggy one evening, and returned without her. Amer then ran away, and was not heard from. In February 1887, a decomposed body was found in a nearby creek, and the clothes were Luella’s.

In 1887, Cass County Deputy Sheriff James “Buck” Stanley broke open Amer’s trunk and found a 6-year old receipt from Bill Green for a $26 train ticket to someplace named Sherman. Checking a map, he found Sherman Texas, bought a ticket and headed that way. Bill Green was easily recognizable: a 5’1″ hunchback with a dark complexion and big eyes. Deputy Stanley told his tale to the local newspaper:

Pursuing this clue [the receipt in the trunk] I left here three weeks ago, and went to Denison Texas, and from there to Greenville Texas, where I got the Sheriff of Hunt County to go with me to Grayson County, to a place called Whitewright.

We made inquiry of the postmaster if there had been a “hunchbacked” man in that county in the last few years. After studying awhile, he said he believed there was such a man there about two years ago, calling himself Charles Hartman. The postmaster said he didn’t know where he came from or where he had gone. But he directed us to a man named Robinson. Robinson come to the postoffice and informed us that Charles Hartman had gone to New Mexico, with some man who came here last fall. I concluded from this statement that the man was Amer Green who had come. On the road back to Whitewright we stopped at the house of a man whose son had gone to New Mexico with Charles Hartman. He said he had received several letters from his son, and had heard from him about two months ago. He said his son was building a house for L. E. ranch. The old man told us that his son and Charles and Frank Hartman had gone down to Tascosa [20 miles northwest of Amarillo in the Texas panhandle], about 400 miles from there, so we drove to Graham. On Monday morning Sheriff Wallace, of Young County, whom I employed, and myself started for Weatherford. On Wednesday evening we got to Quanah, that is the end of the Fort Worth & Denver City railroad. From there we took stage to Clarendon. I got an introduction to Judge Wallace of Tascosa. I asked him about Charles and Frank Hartman. Said he knew them well and that they had been in the town there the Friday before. The next morning we started for Tascosa. We had a hundred and ten miles to travel by stage, We got there one week ago today. We passed some one on the road who I knew was Amer Green, but let him go. We called on the Sheriff of Oldham County and the City Marshal of Tuscosa, and told them our business; showed them the photographs of Amer and Bill Green, and they said: “Those are the men.”

We inquired where they were. The Sheriff, Robinson, informed me that Frank Hartman (Amer Green) left them that morning with a party of surveyors, going to a place called “Frying Pan” ranch. The Sheriff said Charley Hartman (Bill Green) left there last Tuesday and went out to the L. S. ranch, 56 miles from Tascosa, and both in opposite directions. I, therefore, employed Sheriff Wallace and the Marshall who was along with us from Young County, to arrest Amer and I took Sheriff Robinson with me to find Bill.

We drove that night to the L. S. ranch and got there at three o’clock in the morning, turned our horses loose and slept in a hay stack. We went over to the house of a man named Russell and got our breakfast and a fresh team of horses and took the track of the wagon, and we got to the ranch where Bill was Sunday evening. We were fifty-six miles from Tascosa. We called up the head man of the ranch and told him what we wanted. Sheriff Robinson knew him and was aware that he was a square man. After counseling together we concluded that we would not make the arrest that night. I was confident Bill Green would not know me, so Mr. Russell saddled a horse for me and we rode through the ranch. I assumed the role of a cattle buyer. After looking at the cattle I said to Mr. Russell, “You haven’t any cattle here I want. They are not the right kind.” Mr. Russell said, “Well, I can fix you out tomorrow if you will stay over night,” I said, “Alright, I’ll stay.” I then asked the Sheriff if he would wait on me and he said he would.

We ate our supper together. Bill Green cooked the supper for us. We stayed over night and on Monday morning after we got our breakfast, Mr. Russell selected two men to remain with him. Bill Green remained at the camp to clean up. I then went up to the wagon to get a drink of water. The Sheriff then called to Charles Hartman (Bill Green) and said, “Charley, I want to see you a minute.” Bill Green came up to the Sheriff and the latter said, “I have a warrant for your arrest for the murder of Enos Brombaugh. What does that mean?” Bill said “I don’t know what it means.” He then turned around to me and said “Who are you?”

“Well,” I says, “Billy, my name is Stanley, Deputy Sheriff of Cass County, Indiana.” He looked at me and said “You are mistaken in the man.” “‘Well,”‘ I says, “I guess not,” and then slipped the handcuffs on him. The cowboys had rode on and were across the river by this time. We then put Green in a wagon and drove off across the Canadian river on the plains.

We arrived in Tuscosa at half past seven Monday evening. Sheriff Wallace and the Marshal had arrived at Tascosa at 2 o’clock Sunday afternoon with Amer and were waiting for us when we arrived. We all left Tascosa that Monday night at 12 o’clock for Ft Worth. At Quanah we first took a passenger train for Ft. Worth, where we arrived at 4:16 Thursday evening. I there found my requisition papers and telegraphed home to father that I had the Green boys. The remainder of the journey was without incidents. We tied the boys to the seat of the car and had them both handcuffed and heavily shackled. We went directly to St. Louis and from there home. So that is the whole story.

Logansport (Indiana) Journal July 17 1887

[Sheriff Wallace] is the first real live Texan that has swooped down on Logansport for a long time, and his presence here caused quite a sensation. He gave the following account of the capture of the Green boys:

I met Mr. Stanley of your city, at Graham, Texas, one week ago Iast Friday and have traveled around with him considerable since that time. I have known Charley Hartman (Bill Green) for the past four years; he has been engaged in herding sheep, cattle and working at whatever work he could get to do. He has behaved himself like a perfect gentleman ever since I first became acquainted with him; if he got drunk and did any mean act I was not aware of the fact; Charley never married while in Texas to my knowledge.

When Mr. Stanley informed me that he was after Hartman (Bill Green), I skirmished round pretty lively and in a short time learned that he was in Oldham County, Texas, 400 miles from where I live and about fifty miles from the New Mexico line: he was cooking at a cattle ranch. I informed Mr. Stanley of this fact and he laid his plans to arrest Bill while I kept a sharp lookout for his brother Amer who was known by the name of Frank Hartman. I arrested Amer fifty miles from where his brother Bill was located; Amer was working for the surveyor of Oldham County. When I arrested him he appeared greatly surprised and claimed that he never lived in lndiana; he acted so rude several times that I would have killed him had he been a cowboy. I met Mr. Stanley at Tascosa, and we had no trouble in coming here.

Logansport (Indiana) Pharos Tribune July 18 1887

On his way back to Texas, Sheriff Wallace gave an interview to the Leavenworth [Kansas] Standard:

I told Stanley that I would go to Indiana with him for $150 and expenses. I had never been north and thought it was a good time to go. He accepted my offer, and I made the trip. When we arrived at Logansport I was fearful of trouble, and my fears came near being realized.

The moment we alighted from the train a yell went up from the crowd, Hang the devils! We pitched the prisoners into a hack and drove to the jail, where about 1,000 people had congregated. I was in charge of the party, and when the mob again demanded the surrender of the Green boys, I drew my pistols, stood up in the carriage and made a little talk. I told them the prisoners were in my keeping, and by God no man could take possession of them while I lived. The crowd fell back and we run them into the jail.

The feeling against them was very bitter, and the people seemed determined to hang the fellows without trial. At the request of the Sheriff of Cass County I remained with the guard until Monday night when Gov. Gray telegraphed him to protect the prisoners at any cost.

I would not give a cent for the lives of the Greens, as the people are determined to wipe them out.

Leavenworth Standard July 23 1887

In this interview, Sheriff Wallace gave his opinion of a recent event in Fort Worth which had received nationwide coverage. On February 8, gambler Luke Short was in Hell’s Half Acre at the White Elephant Saloon. City Marshal “Longhaired” Jim Courtright called Luke out, there was a dispute in the street, and guns were drawn. Luke was faster, and Courtright fell dead.

Courtright was a murderer of the deepest dye. He killed two Frenchmen at Socorro, New Mexico to steal their land for Dorsey and his gang. He was not a bad man, but was a murderous one, and when Luke Short killed him there were no tears shed in Texas.

Sheriff Wallace, Leavenworth Standard July 23 1887

Sheriff Wallace fills one’s idea of a Texas Sheriff. In a belt around his waist he carried two ugly revolvers of the Colt pattern. He has been Sheriff of Young county for a number of years, and says that in his neck of the woods men of the Amer and Bill Green stamp are considered lambs. While in Logansport he slept in one corner of the jail, and said he wouldn’t mind meeting a lynching party before his return home. He spoke of passing a graveyard on his journey after the murderers, in which ninety-three people were buried, and only three of them died natural deaths.

Taylor County News August 12 1887

In addition to the train ticket, Amer Green’s diary was found in his trunk, and added to the community wrath.

Recent developments in regard to the career of Amer Green have again worked the feeling against him up to fever beat. Prior to the Mabbitt sensation, Amer Green had the reputation of being a shameless libertine. He had blighted the life of a young girl and taken refuge in cowardly flight. His victim afterward died and the child never received any assistance from him. He had also taken another young girl from that neighborhood and kept her imprisoned from her parents for weeks before he allowed her to return to her home in ruin and disgrace. But no one would ever have been able to form even a fair conception of his infamy were it not for a record, written by his own hand, which was found in his trunk after he disappeared last August. This is nothing more nor less than a diary, in which is carefully kept a record of the licentious dog’s conquests. It covers a period of fifteen years, and shows, according to his own careful computation, that in this time he has deliberately accomplished the ruin of sixty-five girls and married woman. Carefully he notes the names of his victims, the circumstances attending his conquests, and other incidents that will recall to his polluted mind the days when he was permitted to roam at will and blacken, and poison, and kill. Were this diary made public it would produce a social earthquake.

Indianapolis Journal July 30 1887

Amer was moved to the Delphi Indiana jail for his trial. On October 21 1887, he was pulled from the Delphi jail by a mob of nearly 180 and lynched. A Grand Jury the next week found no one to blame.

They came in wagons and on horseback and were armed to the teeth. They made no demand of the Sheriff until after breaking in the wooden door leading to his apartments. They then asked for the keys to the jail and were denied.

With a sledge hammer the iron doors were broken open and the prisoner secured. He resisted, but was overpowered and hurried into a covered wagon held in waiting. The horses were driven at full speed to Walnut Grove, about seven miles distant, where Green was lynched.

Superior Times October 29 1887

Bill Green was convicted of Enos Brumbaugh’s murder on November 10 and sentenced to life. He was pardoned 23 years later in December 1910; mercy was shown because he was broken both in health and spirit.

Meanwhile, back in Graham in 1888, Sheriff Wallace met the final set of brothers.

The Marlow Brothers

The 5 Marlow brothers Boone, George, Charley, Alfred and Epp (Lewellyn) were farmers and stockmen, herding cattle and horses in New Mexico, Colorado and the Indian Nation (now Oklahoma), living with their families and widowed mother.

In May 1886, Boone Marlow was working on Berry Thompson’s sheep ranch in Wilbarger County, Texas. On May 17, James “Shorty” Holston came to the ranch and got into a dispute with Boone. Shorty drew and fired, but missed; Boone fired back with his Winchester and killed Shorty. He fled to Colorado, and then the Marlow families moved to the Indian Nation.

On September 2 1888, US Deputy Marshalls Lon Burson and Ed Johnson went to the Nation and arrested four of the brothers; Boone for the killing of Holston, and all for stealing horses from Ba-Sin-Da-Ba, a Caddo Indian. They were lodged in the Graham jail on the 3rd.

George had been in Colorado. He came back to the Nation, heard the news, and brought all of the family to Young County to support his brothers. They rented a cabin at Oscar Denson’s farm southeast of Graham. George went to visit his brothers in jail on October 6, and was arrested and joined them in the jail.

They were all released on bail on December 15, and went to stay at the Denson farm pending their trials. On the 16th, Sheriff Wallace received a warrant from the District Court of Wilbarger County, charging Boone Marlow with the murder of Holston. On the 17th, he went with his cousin Deputy Tom Collier to make the arrest.

While Wallace handled the horses, Collier walked to the door and told Boone he was under arrest. Collier drew his revolver, and Boone grabbed a Winchester. Collier fired and missed, Boone fired and grazed Collier’s temple, staggering him. Collier ran outside, then Boone ran to the door and fired a second shot, which went completely through Wallace from side to side.

Charley yelled to Collier to drop his gun and tend to the Sheriff. As Collier did, Boone got on his horse and fled. Epp rode to town to get assistance for the Sheriff; he was locked in the jail and a posse headed to the Denson farm.

Our town was thrown into a state of feverish excitement over the report that our Sheriff, Marion D. Wallace, had been shot, perhaps fatally, by a man named Boone Marlow. It was reported that the shooting occurred on the place of O. G. Denson, in the southeastern part of the county. Every man who could procure a horse and a six-shooter or a Winchester rifle, immediately repaired to the scene, where it was found that the report was only too true.

Graham Leader December 20 1888

George and Alf were miles away from the cabin at the time of the shooting, but were arrested along with Charley and Epp. Oscar Denson was also arrested as a suspect, but was soon released. A posse began the hunt for Boone, but he had gotten away to the Nation.

Sheriff Wallace was taken to his home to be cared for by the doctor, but he died of his wounds on December 24 and was buried on Christmas in the Graham Cemetery, with a huge crowd of mourners.

Deputy Collier was appointed as the new Sheriff. He lived at the jail, and on the evening of January 14 returned from his day’s work to go to bed, where he discovered that the Marlow’s and one other prisoner had escaped. He roused a posse and headed back to the Denson farm, where the Marlow’s were recaptured.

On Monday evening, about dark, the four Marlow brothers and Cummings, confined in our jail, succeeded in making their escape by sawing a hole in the iron cage.

Some person on the outside certainly furnished the prisoners with tools to work with. The cage is the best of chilled iron, and it takes the very finest tools to have any effect on it.

Graham Leader January 17 1889

After the escape, the brothers were chained together in pairs, and more guards were added at the jail, with someone always awake. At 3AM on Friday January 18, while only one guard was awake, a mob of about forty masked men surrounded the jail. The mob leaders walked through the unlocked front door and held all the guards at gunpoint, then took the keys and went upstairs to the iron cage.

They then attempted to get [the Marlows] out of the cage, but met with a bold stand-off. One of the Marlows wrenched off a piece of the iron waterpipe, with which he defended the door, and after a parley of a few minutes the mob beat a retreat in good order. As they retired they took the guards with them down to the graveyard, where they released them and silently stole away. The party were all masked and well armed, and it is a matter of wonder that they did not shoot the prisoners in the cage.

Graham Leader January 24 1889

The hometown paper didn’t mention that Bob Hill, son of a Deputy Sheriff, was part of the jail raid mob. When he rushed first into the cell, Charley punched him and knocked him back out, where he hit his head on the wall. Bob died of his head injury the next day at the age of 21. At later trials, the Marlows testified that the mob included guards Eugene Logan and Dick Cook, jailer John Leavell, County Attorney Phlete Martin, Sam Creswell and Frank Harmonson.

William Cabell (1827-1911) was the US Marshall for the Northern District of Texas, residing in Dallas. He was a former Confederate General who had served three terms as Dallas Mayor; he was always called General Cabell. His right-hand man was William Morton (1838-1910), who had been a Confederate Captain under Cabell, had been Chief of Police of Dallas, and was now a Deputy Marshall; he was always called Captain Morton.

The Marlows were Federal prisoners, because horse theft in the Indian Nation was a Federal offense. Generall Cabell was irate that a mob would dare attack Federal prisoners; he telephoned Deputy Marshall Johnson in Graham on Friday, ordering him to take all of the Federal prisoners to Weatherford. Saturday evening, Johnson set out with six guards and six prisoners, in two hacks and a buggy. The guards included two of the jail mob (Phlete Martin and Sam Creswell), Constable Sam Waggoner, John Girard, William Hollis, and “Little Marion” Wallace, nephew of the dead Sheriff.

The Marlow brothers remained shackled together in pairs with leg-irons, and were not confident that they would reach Weatherford alive. William Burkhart and Lewis Cliff were the other prisoners, also shackled together. Phlete Martin drove the lead hack holding the prisoners, and the other guards followed.

Two miles out of town as they crossed Dry Creek, they were stopped by a masked mob that began firing at them from both sides of the road. Deputy Marshall Johnson was shot in his one and only hand and disabled, so he ran for cover. The Marlows jumped out of the hack, wrested guns from the mob, and began firing back. The mob soon flinched from the return fire and ran.

When the gunfire ended, Alf and Epp Marlow, and guard Sam Creswell were dead. In the mob, Bruce Wheeler and Frank Harmonson were dead, and Eugene Logan was seriously wounded.

The wound sustained by Johnson will doubtless result in making him altogether armless, he having lost an arm some time ago at the hands of a desperado at Wichita Falls.

Fort Worth Daily Gazette January 21 1889

George and Charley Marlow were wounded, and each was now shackled to a dead brother. George had been shot in his right hand, while Charley took a shotgun blast to his chest and head. George found a knife on Sam Creswell’s body, and used it to cut off their dead brothers’ feet to get free. They took one of the hacks and drove to the nearby hamlet of Finis, where they found an axe to break off their shackles, and then drove to the Denson cabin to barricade themselves. Lewis Cliff went with them, while Burkhart fled on his own at Finis.

Sunday morning Sheriff Collier and a large posse surrounded the Marlows’ cabin, while Alf and Epp’s bodies were put on display at the courthouse. George and Charley sent to Graham for Dr Price to dress their wounds, and swore they would only surrender to General Cabell or Captain Morton. Cabell was telephoned, and sent Morton. The Marlows and Lewis Cliff surrendered to him on Tuesday January 22, and were safely taken to Dallas.

Captain Morton was interviewed at the Dallas jail:

I left Dallas early Monday morning and reached Weatherford about 11 o’clock. After dinner I secured a conveyance and proceeded on my way to Denson’s farm, where I understood the prisoners were cornered. I traveled all night and reached a house a short distance from my destination about 6 o’clock Tuesday morning. After resting awhile I went to Denson’s farm, where I found a little box house surrounded by Sheriff Collier and his posse. Immediately upon my arrival there George and Charlie Marlow and Lewis Cliff surrendered to me without offering the least resistance. They were badly wounded and in almost a helpless condition. I made them as comfortable as possible in the hack, and started on my return. As a precautionary measure I came by way of Gordon instead of Weatherford. I reached Palo Pinto Tuesday night, spent the night there and left that place early this morning, reaching Gordon about 2 o’clock this afternoon, a distance of over sixty miles from Denson’s.

The boys talked freely with me about the fight Saturday night. From their account of it, as soon as the mob made the attack, they leaped from the hack and got into the midst of their assailants. They wrested Winchesters and six-shooters from the mob and defended themselves with all their might and, they claim, drove them away. The guard, or at least a part of it, took to their heels at the first fire. After the mob had been repulsed, the guard scattered and Johnson wounded, they found a knife in Cresswell’s pocket and unjointed their dead brothers’ ankles and unshackled themselves, They got into the hack and released Burkhart, who was to drive the hack for them, but as soon as Burkhart was freed he took to his heels and left the country and his comrades to mourn his loss.

They manipulated the hack as best they could and made about eight miles that night, found a vacant house and made down their beds and went to sleep. Early Sunday morning they went to Denson’s farm, where the Marlow families lived, and prepared to resist attack. Sheriff Collier and his posse found them there later in the day and demanded their surrender, but they firmly refused to be taken alive by any except General Cabell or myself. Collier thought it best to hold them there untll General Cabell or myself could arrive; first, because he thought enough blood had been shed, and second, because an attack upon the house would necessarily have resulted in the killing of some of the women and children.

The story told by the prisoners as to the part they took in the fight is doubtless true, for when they surrendered to me they had two Winchesters and a six-shooter, that were identified as belonging to the attacking party. As to the number of the mob, no one knows, but it was variously estimated from fifteen to forty-five. The prisoners have plenty of grit. They bore their wounds in silence throughout the whole journey, and they were glad to get here, so they could rest.

All three of the men are wounded, but Charley Marlow and Lewis Cliff are in a pitiable condition. The former has buckshot in all parts of his body. A shot is imbedded in his head above the left eye and several are in the left jaw. His lungs also contain several shot. The fact that he coughed up a buckshot yesterday will convey an idea as to the serious nature of his wounds. Lewis Cliff is severely wounded in the right thigh, and his entire right leg is paralyzed and totally devold of feeling. While in route to Gordon, Cliff thought it was numbness that caused the trouble, but when he reached a fire he held the wounded member to the flame in an effort to thaw it until the skin was scorched off without experiencing the slightest feeling. George Marlow’s injuries consist of a broken right hand, the work of a Winchester ball.

Galveston Daily News January 25 1889

On January 28, Martin Beavers and John Derickson brought the bloated body of Boone Marlow into Graham on their wagon,. They claimed that they had shot him at Little Hell Creek in the Nation when he resisted arrest.

The physicians who examined the body thought that the bullet holes came after death. An investigation found that Boone had been hiding out near his sweetheart’s farm in the Nation, and that her brother George Harbolt was in cahoots with Beavers and Derickson. George snuck poison into the food that his sister took to Boone, and then they filled his corpse with bullets. General Cabell sent Captain Morton after them.

General Cabell received a dispatch from Capt. Morton this afternoon, stating he had arrested Derrickson, Beavers and Harbolt at Henrietta. These men it will be remembered, killed Boone Marlow in the Territory to secure the $1500 reward offered by the citizens of Graham for his apprehension and arrest. Capt. Morton arrived with his prisoners tonight at 9 o’clock on the eastbound Texas and Pacific. The accused were indicted for murder at the recent sitting of the Federal grand jury, and the chances are that the lawyers will get that $1500. The United States government evidently does not countenance the unauthorized killing of men for money.

Fort Worth Daily Gazette February 17 1889

In the spring of 1879, Congress had created the Northern Texas Judicial District. Federal Courts were established in Dallas, Waco and Graham, and President Hayes appointed Texas native Andrew McCormick the District Judge. McCormick moved his family to Graham, moved his Masonic membership to the local Lodge, and became a prominent member of society.

The Grand Jury in Graham was reluctant to indict prominent and respected local citizens for their part in the mob, so the Grand Jury in Dallas took over.

Eugene Marshall, the US Attorney for North Texas, sent a letter to US Attorney General William Miller in November 1889, arguing that the Federal Court should be removed from Graham.

The municipal government of Young County [and] its officers are in violent antagonism to the United States Court. They aid in escapes and they are charged with assaulting and murdering United States prisoners. If the processes of the courts of the State are prostituted to shield from prosecution those who defy the laws of the United States, who, with deadly weapons, prowl in the night time on the highways and murder and maim its manacled prisoners, our respect for such process ceases.

The atmosphere of shotguns and six-shooters is not a proper one for any court to be held in a civilized country, much less one of the dignity of the court of the United States. It is to be hoped, therefore, that Congress will do something for the relief of this district by removing the branch of the Federal Court at Graham [to somewhere else], where the public business will not be embarrassed and obstructed by a lawless element.

Eugene Marshall

With Ed Johnson disabled after the attack, General Cabell hired former Sheriff James Melton as his new Deputy Marshall. On February 16 1889, Melton acted on the first Dallas indictments and arrested Eugene Logan, “Little Marion” Wallace, Sam Waggoner, Phlete Martin, William Benedict, John Leavell, Richard Cook and Pink Brooks. They all posted $2500 bond pending trial.

On March 26 1889, George and Charles Marlow were brought back from Dallas to the Graham Federal Court for their horse-theft trial. The District Attorney said that he had no evidence against them, and the jury was directed to return a verdict of Not Guilty. They returned to Dallas after giving bond to appear as witnesses at the mob trial, and took work as day laborers on a railroad line.

On April 1 1889, General Cabell retired and George Knight became US Marshall. To protect his witnesses, Knight made George and Charley Deputy Marshalls, and put them in the custody of each other.

In January 1890, the Dallas Grand Jury returned more indictments against Eugene Logan, William “Bee” Williams, Vernon Wilkinson (his name was often misreported as Wilkerson) and his brother-in-law Clint Rutherford. Only Rutherford was allowed out this time, on $10,000 bond.

By August 1890 George and Charley Marlow had moved with their families to Colorado to herd cattle. They were reluctant to return to Texas as witnesses, so soldiers of the Pueblo Militia accompanied them for protection.

In October 1890, under the orders of Judge McCormick, the Federal Grand Jury in Graham finally indicted 10 Graham residents for conspiring to kill the Marlows.

GRAHAM, Tex., Oct. 28 – After being in session nine days the United States grand jury was discharged today. The following persons were indicted for conspiring with the Marlow mob: Marion Wallace [nephew of the dead Sheriff], Tom Collier [current Sheriff], Dick Brooks, John Leavell [jailer], Sam Waggoner [constable], Dink Allen, William Benedict, Ed Johnson [Deputy Marshall] , P. C. Hollis and Robert Holman [local attorney]. They are all under arrest. The Marlow brothers are expected here tomorrow.

Fort Worth Daily Gazette October 30 1890

The indictments were for violation of Sections 5508 and 5509 of the United States Statutes, which were Reconstruction-era civil rights laws commonly known as the KuKluxKlan act. The laws prohibited two or more persons conspiring to deprive a citizen of their civil rights, and were originally directed against voter suppression and lynching. In this case, the Marlows were deprived of their right to protection while in the custody of a US Marshall.

At the first trial on November 2, the jury in Graham found Clint Rutherford not guilty, and deadlocked on Eugene Logan and Vernon Wilkinson. The only juror who voted for acquittal of Logan and Wilkerson was John Bennett, who had sworn during jury selection that he did not know the defendants. He was arrested for perjury in September 1891.

Defendant William “Bee” Williams, son of Young County Judge Henry Williams, was released from Federal custody on $10,000 bond in September 1890, due to illness. On January 12 1891, he died at 37 of consumption (tuberculosis) at his home in Belknap, and was buried at Graham.

Tom Collier, former Young County Sheriff and cousin of Marion Wallace, was denied bail. On February 12 1891, he died at 32 of typhoid fever in the Fort Worth jail, and was taken to Alabama for burial.

All of the indictments were combined, and the surviving defendants plead not guilty in Graham on March 16 1891.

The trial finally took place in Graham in April 1891, with a jury of 12 men from other counties. Judge McCormick gave closing instructions to the jury on April 16, and they returned their verdict the next day. Wallace, Logan and Waggoner were convicted of conspiracy, but not murder; the others were found not guilty and set free. McCormick sentenced the three to the maximum of 10 years, and stated:

This is the first time in the annals of history where unarmed prisoners, shackled together, ever repelled a mob. Such cool courage that preferred to fight against such great odds and die, if at all, in glorious battle rather than die ignominiously by a frenzied mob, deserves to be commemorated in song and story.

Judge Andrew McCormick

Buckner Collier of Alabama, an attorney and uncle of the late Tom Collier, sent a letter to the US Senate, casting the deepest aspersions on Judge McCormick’s character and fitness to judge the case.

An Alabama lawyer, B. Collier of Birmingham, has forwarded to Senator Hoar, chairman of the Judiciary Committee, and to the Alabama and Texas Senators, grave charges against the moral character and legal standing of Judge Andrew McCormick.

Brenham Daily Banner January 12 1892

McCormick wrote a rebuttal to the Judiciary Committee.

From all the information that came to me l was satisfied that the county officers, charged with the conservation of the peace, were implicated in this mob and continued to be combined with a number of other citizens of Young county to prevent the punishment of the perpetrators of that bloody and cruel tragedy, and both as a public officer and as a prominent citizen I did what I could to have the matter fully investigated.

An attempt was made to influence me by the use of Masonic symbols, but this I repelled as a prostitution and abuse of mystic obligations. Shortly after this, baseless charges were preferred against me in Young County lodge, and so completely had this combination paralyzed the moral sense and moral courage of that local community that this attack on me was sustained in the subordinate lodge, but I rejoice to know and say that it was grandly rebuked by the action of the grand lodge at appeal.

Judge Andrew McCormick

The Senate ignored Collier, and McCormick was promoted to the Federal Appeals Court. He became a social pariah in Graham, and moved his family back to Dallas.

Graham would not relent in its pursuit of the Marlows. In May 1891, Governor James “Big Jim” Hogg (1851-1906) issued an arrest warrant for Charley, accusing him of complicity in the murder of Sheriff Wallace. Hogg is most famous for the name of his socialite and philanthropist daughter, Ima Hogg (1882-1975).

Texas Ranger Bill McDonald was sent to Ridgway Colorado to arrest the Marlows. They met at the office of Ouray County Sheriff Bradley, who was a friend of the Marlows. Both sides were fully armed, and shook hands with their left hands in case they needed to draw. The Marlows declined to go with the Ranger, because they were still Deputy Marshalls holding each other in custody, and their Federal authority trumped the Texas arrest warrant.

After telegraphs between Governor Hogg and Colorado Governor John Routt, McDonald gave up and went back to Texas. For once, a Ranger did not get his man.

After their convictions, Logan, Wallace and Waggoner were held in the Fort Worth jail until the marvelously named Supreme Court Justice Lucius Quintus Cincinnatus Lamar granted bail in August 1891. They then traveled to Washington in October to attend the appeal of their conviction.

GRAHAM, Tex., Oct. 5 – Eugene Logan, Marion Wallace and Sam Wagoner, defendants in the Marlow mob cases, left here today for Washington, D. C., to appear before the Supreme Court, as required by their appearance bond in their appeal from the judgement of the United States Circuit Court here.

Galveston Daily News October 6 1891

Logan et al vs the United States was argued January 26-27 1892, and in April the Supreme Court overturned the guilty verdicts on the procedural grounds that a list of witnesses had not been given to the defense in a timely manner, and suggested that the case should be retried. It was never retried, and everyone went free. So ends the tale of the Graham Sheriffs.

Epilogue

George and Charley Marlow continued to live peacefully as ranchers in Colorado, and served many years as Deputy Sheriffs. Charley died in 1941, George in 1945.

On November 20 1891, after the Marlows had left his farm, Oscar Denson was shot and killed by his nephew William Smith during a dispute about a barrel of corn. One claimed it weighed 102 pounds, the other claimed 107. Both drew, and Oscar fell dead with two gunshots. William was tried on August 13 1892, and acquitted on a plea of self-defense.

It was the quickest trial on record for a murder case. The verdict was very generally approved by the spectators, and at the adjournment of court the defendant and his friends had a regular Methodist handshaking over the acquittal.

Graham Leader August 17 1892

In 1897, Vernon Wilkinson moved his family to what was now the Oklahoma Territory and filed a claim on 160 acres of land to farm. He fenced it, which rancher A. J. Chapman did not like. Chapman confronted him, they both drew, and Vernon was killed on October 24 1897. Chapman was acquitted In March 1898 on a plea of self-defense.

The other participants in the Marlow affair lived out their lives in peace.

In 1965, John Wayne and Dean Martin starred in The Sons of Katie Elder. The original screenplay was based on the 1892 book Life of the Marlows, but by the time the script was rewritten there was not much resemblance to the actual events.

Sources

Newspapers.com, NewspaperArchive.com, Genealogybank.com

The Portal To Texas History

Findagrave.com

MURDER, MOBS AND THE MARLOW BROTHERS by Jim Pettengill, published at Historynet.com in 2013

Logan vs United States, 144 US 263