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 Pierce Genealogy SC>GA>TX
| Return to PDF Library |Return to Reuben Pierce SC 1768 Page | Return to James H Pierce Sr Page
Clem Pierce Sr Page | LD Pierce (PegLeg) Page | Rhoda Pierce Wilbanks Page  | George W Pierce Page |
Nancy Pierce Conn Page |
 Children (Main list ) of Andrew Jackson Pierce | Other (unknown) Children of Andrew Jackson Pierce | 

Welcome to my Genealogy Web Page-Pierce Surname.Descendents
of Reuben Pierce born in Edgefield Dist SC 1768
DESCENDENTS OF CLEM ABERCROMBIE PIERCE GA 1842-1908
C.A.P.(this was his brand)
OWNED LARGE RANCH AT CLEBURNE TX
GOATNECK ON BRAZOS
 
Pearce, C. Gwinn Rumsey, Wm

To his excellency Edward Clark, Governor of the State of Texas. We the undersigned 1st Sergeant of Rock Creek Guards have the honor to transmit to your excellency the above and forgoing which is a true copy of the Muster Roll of the said company and also that the officers appearing to the head of the same were duly elected on the 25th day of May A.D. 1861 by the said Company at their place of rendezvous in Precinct No.4 Johnson County, Texas.

Z.E. Coombs 1st Sergeant Rock Creek Guards
 
Jan 2010 Found Death Certificate of
Willie Pierce Moore Daughter of Clem Abercrombie Pierce
March 2012 Found Info on Mossie Pierce Cowley clems daugher


capiercecahead19001.jpg (31439 bytes)       capierce.jpg (28322 bytes)         
photo left:     Cat Head Pierce 1900       Photo Middle: CA Pierce from photo copy 
photo right:  CA Pierce from original photo Marcia Tinder AZ
|
Photo right CA Pierce and LD Pierce

		

		
C.A. Pierce (Clemeth Abercrombie)
December 16, 1842
Died April 5,1908 (Cleburne,TX) 
Buried Cleburne Memorial Cemetery

Co. F, 3 Georgia Cavalry  UCV #88)


Brother to my Great Grandfather LD "Peg-Leg" Pierce
Editors Note:  My dad J.L. Pierce gave me several boxes of my Mothers Papers
the last weekend of June 1999, and my mom had this photograph--a photocopy only.
I think it looks marvelous considering it is the only known record of this man. I think it is 
it is possible this photo's original exists in my Uncle Allen's papers the Vernon's have.  
 or one of my grandmother's aunts has it.  Hope to find the original soon, but until
then it is very nice to find even this photocopy!! (see below)

June 2008
Marcia Tinder Descended from My Great Uncle George Pierce
line sent me good scan of the photo of Clem Pierce. 
She got good copy from Uncle Allen Pierce in the early 1970s. She also
send me copies of several other unknown photos. 

Editors note: March 07, 2000 received a bunch of photographs from descendants of my 
grandmothers sister Susie Dacus Pierce.  This Photo is marked "Cat Head Pierce 1900"
In comparing the two photos I feel sure this is a photo of Clem Abercrombie Pierce. In the 
1st photo (left) he is much younger.  2nd photo taken in 1900, he died in 1907.
Of course the question is:  if this is not Clem Pierce Sr.---who is CAT HEAD PIERCE?

Editors Note Oct 2002:
I am beginning to suspect that Cat Head Pierce Might be CAP Pierce
who was Deputy Sherriff of Old Tascoca and was Killed in a Gunfight
According to Wanda Ruby Info CAP Pierce was a descendan
 of Hugh Pierce and David Pierce 
Editors Note Dec 2002: Found info on Clem George below
http://www.sagecat.com/cherokee%20legion/CL_COA_C.HTM
Company A, Cherokee Legion (Ga) Cavalry "Cherokee Rangers"
 
clem pierce land deeds johnson county tx 
Clem Abercrombie Pierce born 1842 Lumpkin CO GA died Cleburne TX
Clem Abercrombie Pierce born 1842 Lumpkin CO GA died Cleburne TX
Clem Abercrombie Pierce born 1842 Lumpkin CO GA died Cleburne TX
 
click here 
some census info about our pierces johnson county texas

WANTED: WE NEED TO CONTACT DESCENDENTS OF THIS FAMILY
WHO LIVE IN NEW YORK (WE HAVE HEARD) AND STILL OWN PART
OF THE PIERCE RANCH AT GOATNECK JOHNSON COUNTY TX. 
WE ARE ALSO  LOOKING FOR CLEM PIERCE'S BURIAL SITE.
 (DEC 1999 found that CA Pierce is buried Cleburne Cemetery, Block 28, Lot 20.)
THANKS TO INFORMATION  AND COPY OF OBITUARY RECEIVED FROM
 JOAN MARKS OF SALMON, IDAHO, RECEIVED JULY 12  1999 
WE NOW KNOW HE HE DIED IN 1908 AT HOME, ACCORDING TO OBITUARY. 
WE NOW KNOW HE WAS  BURIED IN JOHNSON COUNTY TX. 
 WE KNOW THE WIFE AND DAUGHTERS WERE WITH HIM IN 1907 . 
OUR FAMILY  HAS HEARD NOTHING
FROM THIS FAMILY FOR 80 YEARS OR MORE.
UPON FIRST READING OF THE  OBITUARY BELOW I
 HAD DETERMINED HE DIED IN COLORADO, BUT REVIEWING WHAT WAS
WRITTEN AND TITLE, HE MUST HAVE DIED AT GOATNECK PRIOR TO APRIL 5 1908.

Nov 11 2002 Photo of Clem Abercrombie Pierce Gravestone
Memorial Cemetery Cleburne Tx

click on the Small Photo To View Larger Photo
 Oct  2009
found death certificate of Clem's daughter 
Willie Pierce Moore
see link further down page

CLEM ABERCROMBIE PIERCE OUTLINE 
ELECTRONIC GENEALOGY NOTES
 BY LD PIERCE
LD'S NOTES ON CLEM ABERCROMBIE PIERCE 

Descendants of Clemeth Pierce

Clemeth3 Abercrombie Pierce (Andrew Jackson2, Reuben1)
was born Dec 16, 1842 in Lumpkin, Co., GA.
 He died
1907 and is buried in Cleburne TX, Cleburne Cemetery Block 28, Lot 20.   spouses:  (1) Altha White. He married (2) Mollie  (Mary)  L Gordon October 26, 1875 Johnson county Tx.  Mollie born Sept 1862. She was born in VA.  Clem Pierce is also listed  as one of the original land-grant holders for the County of Johnson County TX.  Death 1907 R.H. Deering and Son Funeral Home Records page 274 1900 Census Clem 57 had been married to Mollie(Mary_) 3 years. Same year LD Pierce family was in Indian territory Chickasha had children and wife with him Mossie Willie only they were 13 and 15. 1900 Census states Molly born may 1863. She was 37 in 1900/ same 1900 census lists Frank Wheat wife emma. My relative named (Frank?) Wheat was involved in a murder ca 1890's in Texas. He later changed his name to Dodson and moved to Oklahoma. There is a Frank Wheat on the 1930 Census for Hill Co., Tx. who is listed as an inmate , age 74. This information may not prove to be of help to you, but just on the chance it could, you now have it. I haven't been able to find out WHO Frank Wheat is supposed to have murdered Jean Cariglio

Notes for Clemeth Pierce: Clem (or CA) Pierce enlisted in the CSA 2 Nov 1864 at Mossy, Creek Ga. He served in Co E (Capt. Kelly's Co) 30 Battalion GA Calvary. He is described as 5'8" tall light complexion, dark hair and blue eyes.  Cherokee GA web site lists:  CAS Co. F, 2nd Regiment Infantry (Cherokee GA) Editors Note: Dec. 1999 I received Civil War information sent to me by Author W. E. "Jack" Carolton--- Leyland Museum "Civil War Veterans of Johnson County Tx" lists CA Pierce as: UCV #88, Co. F, 3rd GA Cav. Wheeler's Div. b. 16 Dec 1842. d. April 5 1908. buried Cleburne Cemetery, Block 28, Lot 20. Thanks to Jack for pointing me to this information.   This information was especially helpful since it contain the place of his burial.  I had been looking for this data for a year or two!!  This is the same author with information on the Pierce family in his book ...also see Joel J Pierce Mystery Webpage

C. Pearce Private Rock Creek Guards (Cavalry) ?
is this our Clem?  Johnson County, Texas,
 Civil War Muster Roll From the Commissioners Court Ledger Book "A"
.

"The area called Goatneck became well settled by farmers during the late 1800's and early 1900's. It was during that era that the settlers petitions the Commissioners Court of Johnson County that the area be annexed to Johnson County. The Comissioners hearing asked for a description of the area. It was described by one of the men present at the hearing. After giving all the bends in the course of the Brazos River He said, "It is just the shape of a goat's neck" So the area has been called Goatneck since. " Herbert Blackstock  Johnson County History Book.

"Dee Peterson, Goat Neck's oldest resident at 83, states that Goat Neck got its name during the legal transfer of the area from Hill to Johnson County. Clem Pierce, one of the early settlers of the area, was asked to describe the piece of land for one of the legal documents necessary to transfer. According to Legend: He said: "It's just a little ol' goat's neck out in the cedar brakes along the river." The name stuck and goat's neck eventually became Goat Neck:" Steve Bell Johnson County History Book
                                              Reprinted with permission Oct 1998.

July 12,1999:  Newspaper article sent to me by Joan Marks of Salmon ID. Her great grandfather was brother to Nancy E Abercrombie, and she found this obituary of Clem Pierce among his things. She also sent letter from Fannie James (Nancy Abercrombie Pierce's) JJJ Abercrombie (John Calvin) JJJ Abercrombie of Trinidad Co.

"Old Citizen is Dead At Home"  Article  from Johnson County TX newspaper. .
Clem Pierce Yields to Grim Reaper and is Called to Heavenly Reward April 5th, 1907
.

On Sunday night at 8:15 o'clock Mr. Clem Pierce, one is of the best known ranchers and stockmen of Johnson County, was called to his heavenly reward. Mr. Pierce had been in poor health of some time. For the past several summers he had been spending much of his time in the mountains of Colorado. These summer trips seemed to improve his health, but two weeks ago, he was attacked by la grippe and since that time slowly sank, until death claim him. The attack of la grippe was followed by an attack of heart disease. On Friday his condition became alarming, and although he had the best of attention, it was to no avail. He was born in Hall County GA Dec 16, 1842, and was 66 years old at the time of his death. (1908). He leaves a wife, and several children to mourn his death. The funeral was held from the family u residence on Monday afternoon at 4 o'clock. The friends of the deceased will join this paper in extending sympathy during this hour of bereavement.

New Home Baptist Church

The New Hope Baptist Church in Freeland community in Western Johnson County held their annual homecoming Sunday May 25, 1969 Other big ranches here were the Cameron, Willingham and Pierce Ranches. Clem Pierce owned 6,596 acres along the Brazes River. He branded every calf he could find with his initials, C.A.P. In this wild, unfenced land a calf without a brand could be claimed by anyone. Pierce�s niece, Ola Dell Pierce Jones (Clyde Jones, deceased, was a cousin of Mrs. Crook), came down from Wichita Falls for the homecoming. She was the youngest child of George W. Pierce, brother of Clem, and when George died the children were placed in different homes. Clem took little Ola Dell. She said one of the Negroes, called Snow Ball, played marbles with her. She learned to ride the wild horses and would go all over the big ranch. which she said ran clear to Bee Mountain. It joined the Mertz property on the south and east. She said she inherited 150 acres from the ranch, and it was the land her father originally homesteaded. She planned to visit the old Pierce family cemetery Sunday afternoon. The Granther Lafons were probably the earliest settlers in this community. The original loghouse on the Lafon place and the Loghouse on the Pierce Ranch are both still standing.
Editors Note:  Bertha Pierce was raised by my great grandfather LD Pierce Sr. (Pegleg) Note also: the Pierce Log Cabin was torn down in 1997. The Johnson County Historical Society wanted to save it but it was too far destroyed
by termites  

By Viola Block Johnson County History Book Page 257-258 
     reprinted with permission Oct 1998

Read the full length New Hope article located on the GoatNeck Page CLICK HERE

Clem PIERCE Household     Male    
  Other Information:    
Birth Year <1843>      Birthplace GA      Age 37      Occupation Farming      Marital Status M <Married>    RaceW <White>      Head of Household Clem PIERCE   RelationSelf   Father's BirthplaceSC   Mother's Birthplace GA   hill county census 1880
  Source Information:     Census Place Hill, Texas 

 

Child of Clemeth Pierce and Altha White is:

2 i. C.A4 White, born 1871. Notes for C.A White: Although a natural illegitimate child by Clem Pierce and Mrs. Atha White, Clem Pierce did fully adopt CA White on June 28, 1878. Altha White Consented to Adoption-

Recorded Johnson County Adoptions Book R page 176

Children of Clemeth Pierce and Mollie  L. Gordon are:

i. Jessie4 Pierce, born November 05, 1882; died Feb 10, 1884. 
 Buried in Pierce Cemetery GoatNeck Johnson County Tx.

(Photo of Headstone below)\

 

4 ii. Fannie Pierce, born Feb 1880. 
Married  Volney Robinson  04 Mar 1900 Johnson County Texas
(1900 Census) Volney Robins Birth: unknown Death: Feb. 5, 1925
buried Oakwood Cemetery no Headstone

Fanne PIERCE Household     Female    
  Other Information:     Birth Year <1880>      Birthplace TX      Age 1M      Occupation       Marital Status S <Single>    RaceW <White>      Head of Household Clem PIERCE   RelationDau <Daughter>   Father's BirthplaceGA   Mother's BirthplaceVA   1880 census hill county
  Source Information:     Census Place Hill, Texas    Family History Library Film1255311
1930 Census find them in Beaumont Texas name Valney Robinson  ame: Valney Robinson
Event: Census
Event Date: 1930
Event Place: Beaumont, Jefferson, Texas
Gender: Male
Age: 54
Marital Status: Married
Race: White
Birthplace: Texas
Estimated Birth Year: 1876
Immigration Year:
Relationship to Head of Household: Head
Father's Birthplace: Texas
Mother's Birthplace: Texas
Enumeration District Number: 39
Family Number: 203
Sheet Number and Letter: 9B
Line Number: 66
NARA Publication: T626, roll 2362
Film Number: 2342096
Digital Folder Number: 4547985
Image Number: 00407
Household Gender Age
Valney Robinson M 54
Spouse Fannie Robinson F 50

Death Volney 1953 No mention of Fannie Robinson
Name: Volney Robinson
Death Date: 26 May 1953
Death Place: Beaumont, Jefferson, Texas
Gender: Male
Race: White
Death Age: 78 years 24 days
Estimated Birth Date:
Birth Date: 02 May 1875
Birthplace: Fort Worth, Texas
Marital Status: Married
Spouse's Name:
Father's Name: Volney Robinson
Father's Birthplace: Texas
Mother's Name: Josephine Nunn
Mother's Birthplace: Texas
Occupation: Retired Steel Worker
Place of Residence: Beaumont, Jefferson, Texas
Cemetery: Forest Lawn Memorial Park
Burial Place: Beaumont, Texas
Burial Date: 27 May 1953
Additional Relatives:
Film Number: 2113924
Digital Film Number: 4165499
Image Number: 2823
Reference Number: cn 25654

5 iii.  Willie Pierce Moore born
Nov 1884 died Oct 24 1968
at age of 83 in Fort Worth Texas.
other census sheet June 7 1900 shows June 1885 as birth

(Jan 2010 Found Death Certificate death certificate states born 1886) )
Willie Pierce Moore Daughter of Clem Abercrombie Pierce
 Willie Pierce, born November 1884
She was was a client of the Fireside Manor
Nursing Home and evidently owned a home
at 3745 Bellaire Fort Worth Texas.

Willie Pierce Moore
Residence: , Tarrant, Texas 1920 Census
Estimated Birth Year: 1886
Age: 34
Birthplace: Texas
Relationship to Head of Household: Wife
Gender: Female
Race: White
Marital Status: Married
Father's Birthplace: Georgia
Mother's Birthplace: Virginia
Film Number: 1821850
Digital Folder Number: 4391978
Image Number: 00020
Sheet Number: 8
Household Gender Age
Spouse James Woodson Moore M 35y
est. birth year 1885
Father's Birthplace: Missouri
Mother's Birthplace: Missouri

wife Willie Pierce Moore F 34y

Name: Willie Moore Event: Census Event Date: 1930 Event Place: Fort Worth, Tarrant, Texas Gender: Female Age: 45 Marital Status: Married Race: White Birthplace: Texas Estimated Birth Year: 1885 Immigration Year: Relationship to Head of Household: Wife Father's Birthplace: Georgia Mother's Birthplace: Virginia Enumeration District Number: 31 Family Number: 73 Sheet Number and Letter: 4A Line Number: 35 NARA Publication: T626, roll 2393 Film Number: 2342127 Digital Folder Number: 4547372 Image Number: 00883  HouseholdGenderAge Spouse James W Moore M 46   Willie Moore F 4

James W Moore Event: Census Event Date: 1930 Event Place: Fort Worth, Tarrant, Texas Gender: Male Age: 46 Marital Status: Married Race: White Birthplace: Missouri Estimated Birth Year: 1884 Immigration Year: Relationship to Head of Household: Head Father's Birthplace: United States Mother's Birthplace: United States Enumeration District Number: 31 Family Number: 73 Sheet Number and Letter: 4A Line Number: 34 NARA Publication: T626, roll 2393 Film Number: 2342127 Digital Folder Number: 4547372 Image Number: 00883  HouseholdGenderAge   James W Moore M 46 Spouse Willie Moore F 45

IV. Moss Pierce, Daughter born November 1886.

Mossie Pierce Cowley clems daugher

Name: Ellie Mossye Cowley
Birth Date: 24 Nov 1887
Birthplace: Johnson Co Texas
Death Date: 17 Jun 1975  

Married Josiah P Cowley

1. son  Josiah Paul Jr. Cowley
Event Date: 02 Mar 1936
Event Place: Denton, Texas

 

I am looking for descendants of this
Mossie Pierce to contact me
800 398 5127

 

hillcrest cemetery  bell texas

Ellis        Moss        Cowley        No date      No date        2       7     
J            Paul        Cowley        12/21/1885   2/4/1956       2       7  

John P Cowley Prefix: Suffix: Event: Marriage Event Date: 03 Sep 1960 Event Place: Alameda, California Gender: Male Age: 24 Estimated Birth Year: 1936 Spouse: Julia A Mulholand Spouse's Prefix: Spouse's Suffix: Spouse's Age: 19 Spouse's Estimated Birth Year: 1941

LD,
 
Mossye Pierce Cowley�s son Josiah, Jr. was born in 1936.
  I was hoping that he was still alive so you could contact him.  But it appears not:
 
Social Security Death Index
Name: Josiah P. Cowley
Last Residence: 26719  Fort Ashby, Mineral, West Virginia
Born: 2 Mar 1936
Died: 12 Oct 2009
State (Year) SSN issued: Railroad Board (Issued Through) (Before 1951)
 
 
It looks like he may have moved around a lot (since he died in WV) � probably because
he worked for the railroad.  On WhitePages.com, it looks like he had a recent residence
in Antlers, Pushmataha Co., OK.  He may have some children in that area.  He also
appears to have lived in Powderly, Lamar Co., TX in the 1990s.
 
If you�re interested to find some of his family, you might try contacting Cowley�s in
Lamar Co., TX and Pushmataha Co., OK.  They are not far apart.


Josiah P. Cowley, Jr. had at least one child:
 
Texas Birth Index, 1903-1997
======================
Name: Brenda Gail Cowley
Date of Birth: 1 Dec 1961
Gender: Female
Birth County: Brazoria
Father's Name: Josiah Paul Cowley
Mother's Name: Julia Alora Stokes
Roll Number: 1961_0004
 
 
In the Texas Marriages, I found a Brenda G Cowley married to a Jonathan Pauley �
 but the age is wrong � b. 1956.  I think this one is Brenda Gwen Cowley born in Howard Co., TX.
 
So I can�t find a TX marriage for this Brenda Gail Cowley.
 
I searched WhitePages.com for Brenda Cowley and for
Josiah, Jr.�s wife Julia Cowley, but don�t see any that are obvious possibilities.
 
Dan

 

Read the full length New Hope article located on the GoatNeck Page CLICK HERE

Mollie PIERCE Household     Female    
  Other Information:    
Birth Year <1861>      Birthplace VA      Age 19      Occupation K. House      Marital Status M <Married>    RaceW <White>      Head of Household Clem PIERCE   RelationWife   Father's BirthplaceVA   Mother's BirthplaceVA   
  Source Information:     Census Place Hill, Texas    Family History Library Film1255311  NA Film NumberT9-1311  Page Number389A  
Shellingberg, John 17 Jun 1900	Pierce, Annie 10	384

 

1860 hill county tx census

Household:

 Name  Relation Marital Status Gender Race Age Birthplace Occupation Father's Birthplace Mother's Birthplace
 Clem PIERCE   Self   M   Male   W   37   GA   Farming   SC   GA 
 Mollie PIERCE   Wife   M   Female   W   19   VA   K. House   VA   VA 
 Fanne PIERCE   Dau   S   Female   W   1M   TX      GA   VA 
 Dvek LEFLER   Other   S   Male   W   22   VA   Farm Worker   VA   VA 

The Southwestern Reporter

 By West Publishing Company

(Court of Criminal Appeals of Texas. April 20, 1898.)

Criminal LawTrialContinuance Absence

Of WitnessesAccomplice�Trial�Admission

or EvidenceHarmless ErrorNkw�kiau

having the process Issued earlier, but appellant allowed about six weeks to elapse after his arrest under the indictment before

SHAW v. STATE.

re the use of any diligence to secure these witnesses. If they were In Hill county, the use of proper diligence might have secured their attendance, or, If not, the process could have been returned, and appellant would then have had time to have Informed himself as to the whereabouts of said witnesses, and procure process to such county for them. Process for the witness Ginn was not issued until the 1st of January, and the application showed that it had not been returned at the time the cause was called for trial. No excuse is shown for the failure to sue out this process earlier. It Is not shown when the process was issued for the witnesses who resided in Johnson county, nor is It shown when the same was returned. It was shown that they were served, but were absent when the case was called for trial. Appellant should have immediately sued out additional process, and by this means he might have secured their attendance at the trial. We do not believe the diligence used for any of said witnesses was sufficie

having the process Issued earlier, but appellant allowed about six weeks to elapse after his arrest under the indictment before the use of any diligence to secure these witnesses. If they were In Hill county, the use of proper diligence nilglH have secured their attendance, or, If not, the process could have been returned, and appellant would then have had time to have Informed himself as to the whereabouts of said witnesses, and procure process to such county for them. Process for the witness Ginn was not issued until the 1st of January, and the application showed that it had not been returned at the time the cause was called for trial. No excuse is shown for the failure to sue out this process earlier. It Is not shown when the process was issued for the witnesses who resided in Johnson county, nor is It shown when the same was returned. It was shown that they were served, but were absent when the case was called for trial. Appellant should have immediately sued out additional process, and by this means he might have secured their attendance at the trial. We do not believe the diligence used for any of said witnesses was sufficient.

It Is alleged that appellant expected to prove by the witnesses Gipson that they saw one A. R. Ginn riding in company with Lee Wilson in Clem Pierce's pasture, between 9 and 10 o'clock on the day of the homicide, and that appellant was not in company with said parties, and further expected to prove by them that said parties owned horses shod with a "cork shoe" on one foot, and a smooth shoe on the other. This statement Is touched in very general terms. There were several pastures belonging to Clem Pierce, and it was not stated In which pasture they were. The state's proof showed that the homicide occurred In the Jungle pasture, and the proof is beyond any question that Ginn left the ranch about 8 o'clock, In a wagon containing some beef, en route to Cleburne, some 17 or 18 miles northeast. This was not only sworn to by Ginn, but by Mrs. Grain. There is also testimony of other witnesses showing that he reached Cleburne about 12 o'clock that day, and remained there the balance of the day and night, returning to Clem Plerce's pasture the next day. The fact that said parties may have owned horses shod with a cork shoe on one foot, and a smooth shoe on the other, does not, in the light of the state's testimony, signify anything. If it be conceded that the statement here shows a horse shod similar to the tracks of the one found in the pasture, then it is entirely consistent with the state's case; for, unquestionably, Lee Wilson was in the jungle pasture on that day, and participated in the homicide, and either he or appellant rode a horse shod in that manner.

As to the testimony of George Ginn, by whom it was expected to prove the bad character of A. R. Ginn, the state's witness,

for truth, It Is sufflcienOo вау that a continuance will not ordinarily be granted for character witnesses. No evidence as to this matter was offered at all by the appellant, though the witness had lived In that neighborhood for some time. If his reputation was bad, It Is singular that but one witness existed by whom such fact could be proved, and that he lived in a distant county.

As to the testimony of Mrs. Masengale, her evidence would not have been relevant, as the state offered no testimony of bloodstains on the clothing of appellant.

Nor would the testimony of Nobles have been relevant. The fact that he saw tracks apparently made by a No. 9 or 10 shoe near where the dead body was found would harmonize with the state's testimony. Moreover, the state made no issue as to this matter. The number of the boots or shoes worn by the appellant or Wilson was not shown by any evidence.

Appellant stated that he expected to prove by Mrs. Fitzgerald that Mrs. Grain told her at some time (though the time is not stated) that, on the day of the homicide, appellant was absent from the house but a short time. This statement does not raise any issue. The length of time Is not stated. The fact Is that, when we look at the record in this case, the surprise is that he was absent from the house on that day such a short time to have committed the homicide in the manner it is shown to have been accomplished. At the most, this was merely impeaching evidence, and a continuance will not ordinarily be granted for this character of testimony.

We have carefully exfliuined the application for a continuance, and, in our opinion, it does not show diligence; nor, when taken In connection with the testimony adduced, does it appear to us to show that the absent testimony was material, and the court did not err in overruling the application for a continuance.

Appellant made a motion for a severance between himself and one Lee Wilson, who he alleged was indicted for the same offense. We quote said motion as follows: "Now, at this time, comes John B. Shaw, defendant in the above-entitled cause, and files this his affidavit in writing, and states to the court that one Lee Wilson is indicted for the crime of murder, which Is the same offense charged against this defendant, by a separate indictment In this court, and that said defendant believes that the evidence of the said Lee Wilson is material to his defense, aud that affiant verily believes that there is not sufficient evidence against the said Lee Wilson to secure his conviction," etc. The court overruled this application, and appended thereto the following explanation, to wit: "That, when the motion to place Lee Wilson on tria.1 was first made by the defendant Shaw, said Wilson's attorneys objected, and asked that they have time to file a motion to first put

 

Shaw on trial, and, while they were preparing said motion, the prosecuting attorney (Udell) stated to the court that the state would use Wilson as a witness. The court then overruled the defendant Shaw's motion to have Wilson first tried, and Wilson was used as a witness by the state, and was afterwards (at the present term) tried and convicted, and has not appealed from a verdict of murder In the first degree and life sentence. To all of this, appellant reserved his bill of exceptions, and has assigned this action of the court as error." If Wilson had prepared a counter affidavit, requesting the court to first try appellant. In order that he might avail himself of his testimony, under article 707, Code Cr. Proc. 1805, then it would have been optional with the judge to have made his selection as to whom he would first place on trial. But this was not done. Instead thereof, the motion was overruled on the assurance of the district attorney that he would place Wilson on the stand as a witness for the state. Under the statute, which has been held mandatory (see King v. State [Tex. Cr. App.] 34 S. W. 282; Willey v. State. 22 Tex. App. 408, 3 S. W. 570). appellant had the right to insist upon Wilson being tried first, he making the proper affidavit for that purpose. It was no response to his motion that Wilson would be placed on the stand as a witness. He had a right to have Wilson tried first, and, If acquitted, he might use him as a witness, unburdened by the pending prosecution against him,�a right for him to testify as any other citizen, free from the particular charge, he being acquitted thereof, and not testify under a cloud, and perhaps believing that, by testifying strongly against tbe appellant. It would go easier with him in his case. But concede that there was error in overruling the motion to sever, still, we cannot imagine, under the facts of this case, how a reversal upon that ground should be awarded appellant. The explanation to the bill shows that Lee Wilson was tried at that term of the court, convicted of murder in the first degree, and sentenced to the penitentiary for life, without any appeal. Now, if we should reverse the judgment, it Is evident that the appellant could never use Wilson as a witness. Again, if we look to the record, eliminating Wilson's own testimony, we are firmly convinced that if he had been placed on trial first, according to the request of the appellant, he would have been convicted, and appellant would never have secured his testimony in any shape. So. it occurs to us that the application here made was not made in good faith to secure the testimony of this witness, but was made for the sinister purpose of depriving the state of the use of his testimony on the trial by conviction; and we do not understand the statute to mean this. We would not be understood as holding that, when the statute is complied with, the court has any option in the matter. but it It the court's duty to grant the sever

ance; but we do hold that, whatever may have been the error of the court below in refusing the severance, a reversal of this case on that account can be of no possible benefit to the appellant, as he can never avail himself of the testimony of his co-defendant. We would further observe in this connection that, while a severance under this article le a matter of right, the statute should be strictly complied with. The statute requires appellant to state In his affidavit, as a matter of positive averment, that the testimony of his co-defendant will be material to his defense. This was not done. The affidavit merely stated that he believed the testimony of said Wilson would be material to his defense.

Appellant assigns as error the action of the court in admitting certain testimony as to the finding of a pair of boots at the barn of Clem Pierce, near his residence In Cleburne, some time after the alleged homicide. While an objection to this testimony should have been sustained, as Its relevancy nowhere appears, still we fail to see how it could possibly have affected the defendant injuriously.

Appellant also objected to certain witnesses, while on the stand, at the request of the district Attorney, going to the window, and looking out, stating that they recognized the three horses said to have been ridden by the parties at the time of the homicide. And in that connection it is stated that some of the jury could also look out of the window, and see the horses. These horses were thoroughly identified by other witnesses as being the horses ridden by the parties at the time of the homicide. It may have been somewhat Irregular for the witnesses to testify in the manner they did, that they saw certa In horses hitched in the court-house yard, which they identified as being the horses whose tracks they had previously measured and compared. But we make the same observation with reference to this matter as above,�that we fall to see how the testimony could work any Injury to the appellant. The mere fact that they saw certain horses within view, and recognized them as the horses whose tracks they had measured and compared, was harmless.

We have carefully examined the record, and it establishes the guilt of the defendant beyond any question. Lee Wilson, the accom- ! plice. testified positively and directly to the facts attending the killing, and even if we eliminate his testimony, and consider the case solely upon the circumstantial evidence, the guilt of the defendant is established with that degree of certainty required by the rules regulating that character of testimony. The circumstances inherently leave no hypothesis consistent with appellant's innocence, but show conclusively and to a moral certainty that appellant, with his companion Lee Wilson, and no other persons, committed the murder. The record before us shows a most atrocious murder, rarely equaled in the annals

of any country. The only motive assigned is that appellant coveted the wife of Grain, the deceased. He was the manager of Pierce's ranch; and the deceased, his wife and three small children, were living on the premises, the appellant boarding with them. According to his own account, he was having a liaison with Mrs. Grain, but, not content with this, sought to have her entirely to himself by putting her husband out of the way. We gather from the testimony that he had been brooding over tills matter for some time, for evidently Lee Wilson came to the ranch, stayed all night on the 1st of November, to be in readiness on the morning of the 2d, in pursuance of a conspiracy. Wilson went to the woods, and stationed himself, while appellant hied to the field, where the deceased was engaged in picking cotton, and there decoyed or forced him to mount his horse, and accompany him to the point where Wilson was in waiting. There these parties, armed, forced the deceased to go Into я thickly-wooded pasture (as significant of Its character, it is called the "Jungle Pasture"); and thence the testimony shows that they forced him along the canyon, and to a remote and thicketed portion of the same. En route, appellant cursed and abused him, anij told him that he Intended to kill him. Twice deceased attempted to escape, but they pursued and overtook him. Appellant shot him in the back. He fell from his horse. The parties got down, and put him on his horse again; and, when he had proceeded into a dense thicket, appellant again shot him twice with the Winchester. Not content with this, after he had fallen upon the ground, he broke his skull In five or six places with his gun. The parties then separated, Wilson taking a circuitous route back to Cleburne, and appellant returning to the home of the deceased, and then coolly sitting down with the family, and eating dinner. As stated above, few cases equal this in horror, and none surpass it. King David, when he sacrificed Uriah. In order to possess himself of his wife, placed him In the front of the battle. He was armed, and had some chance for his life; and, If he fell, he would at least perish honorably, In the defense of his country. But here, instigated by the same character of motive, appellant gave his victim no opportunity whatever. He forced or decoyed him from his labor in the field Into the jungle, there not to engage In equal combat, but re-enforced by another, with gun and pistol, set upon and shot him to death, unarmed and helpless, and while fleeing for his life. In our opinion, no punishment can be too severe for one who, after having claimed to have debauched the wife, decoys her husband into a jungle, and murders him In the brutal and cowardly manner disclosed in this record. The jury simply did their duty in visiting upon him the highest penalty of the law. We find no error In the record requiring a reversal of the judgment, and It Is accordingly affirmed.

AUSTIN DAM & S. RY. CO. т. GOLDSTEIN.

(Court of Civil Appeals of Texas. May 4,

1898.)

 

Map of GoatNeck on Brazos from Johnson County History Book
Goat Neck Map By Herbert Blackstock
click on the small thumbnails to see the larger photos


Pierce and Force Ranch
Johnson County Tx  no 1

Pierce and Force Ranch
Johnson County Tx  no 2



Johnson County Civil War Veterans Reunion
1890 at Hill County Court House
click on small photo to see larger one



in front of the hill county court house
my great grandfathers (LD Pierce -Peg Leg)
brother Clem A Pierce is in the front row about  
3 to the right from center he is almost bald and very light eyes
and seems kind of grim.


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