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Robert Henson Hillard (4 March 1869[1] – 29 October 1895, Tyler, Texas) – a Texas-born African American and first-generation post-Civil War descendant of slaves – was, at age 27,[Note 1] accused of rape and murder, the latter to which he reportedly confessed to a formalized lynch mob committee. Hillard was lynched in Tyler October 29, 1895. A mob chained him to an iron rail atop a scaffold on the west side of the town square and brutally tortured him by burning him alive – deliberately prolonging his life, stretching it out to 50 minutes of burning in a spectacle lynching[2] of reportedly 7,000 to 12,000 onlookers that included white civic leaders, civil servants, law officers, judges, dignitaries, even African Americans, families with children, out-of-town newspaper reporters, and photographers.[3][4][5][6][7]

The dichotomy of public sentiment over lynching – more specifically, lynching that included extreme torture – was, during 1890s, well-chronicled. At one extreme, in support, there was populist-like sense of righteousness akin to those harbored by citizens of Tyler, the region, and several newspaper publishers throughout the country. At the other extreme, there were deeply-entrenched, influential anti-lynching exponents throughout the country who expressed outrage – likening lyching, especially torturous lynching, to lawless, amoral, perverse barbarianism. The

The San Francisco Examiner
encapsulated the opposing views:

Unlike most lynchings, the lynching – from a perspective of local citizens – was formalized with a sort of ad hoc speedy trial, organized by two ex judges.

Catch-22

According to a transcript of an alleged confession that Hillard made to a make-shift inquisition committee, Hillard stated, "I met the lady that was murdered right in the road when I was coming along the road. She must have been scared and she commenced screaming and hallooing. I told her, 'Lady, I am not going to do you any harm.' I knew that if she went and told that I interfered with her I would be murdered; that was the reason for the crime.'"

Hillard, when he had crossed paths with Rebecca Bell, with no witnesses, had unwittingly walked into in a black-man's catch-22 dilemma – a deadly predicament: either face the certainty of being lynched for being accused of "outraging" a White woman or kill the women and try to escape, knowing that, if caught, lynching was assured. In modern times, Hillard might have had better options if he had recorded the incident on an iPhone.

Prevalence of lynching African American men accused of raping White women

The lynching of African American men who were suspected of "outraging" (raping) white women was prevalent in the South.

Civil rights commentary

Southern Horrors: Lynch Law in All Its Phases, 1892

Civil rights activist Ida B. Wells (1862–1931) published an editorial May 21, 1892, in a Memphis newspaper, The Free Speech and Headlight, a paper that she co-owned, refuting what she called

"that old threadbare lie that Negro men rape white women. If Southern men are not careful, a conclusion might be reached which will be very damaging to the moral reputation of their women."

Four days later, on May 15, The Daily Commercial, published

"The fact that a black scoundrel [Ida B. Wells] is allowed to live and utter such loathsome and repulsive calumnies is a volume of evidence as to the wonderful patience of Southern Whites. But we've had enough of it.

The Evening Scimitar (Memphis) copied The Daily Commercial's story the same day, but added,

"Patience under such circumstances is not a virtue. If the Negroes themselves do no apply the remedy without delay it will be the duty of those whom he has attacked to tie the wretch who utters these calumnies to a stake at the intersection of Main and Madison Sts., brand him in the forehead with a hot iron and perform upon him a surgical operation with a pair of tailor's shears."

The paper was founded in 1889 by Reverend Taylor Nightingale (1844–1922), onetime pastor of the Beale Street Baptist Church.

Aftermath of Wells' editorial
James L. Fleming, half owner of The Free Speech, and business managers had to leave town. Side note: Fleming, in the 1880s, had established himself as a civil rights advocate. In one instance, he wrote a letter the Daily Arkansas Gazette, to the attention of Arthur Murray, the editor, dated October 1, published October 6, 1885, opposing an article published September 26 by Mr. Murray suggesting that "colored people should emigrate to Africa."

  • Fleming, James L.,
    Newspapers.com.{{cite news}}: CS1 maint: multiple names: authors list (link
    )
Murray, Marshall M. (ex-Member Legislature), Mars Hill,
Newspapers.com.{{cite news}}: CS1 maint: multiple names: authors list (link
)
Marshall M. Murray, representing Lafayette County, was a member of the House of Representatives during Arkansas' 24th General Assembly, from January 8 to March 28, 1883. He was African American and a teacher at Wiley University. Murray, in 1902, circulated petitions in support of pensions for ex-slaves.


After publishing that article, Wells' newspaper office was burned to the ground. Wells had been out of town, vacationing in New York; but never she returned to Memphis. For the next three years, Wells remained a guest of Timothy Thomas Fortune (1856–1928) and his wife, Carrie C. Smiley (né Caroline Charlotte Smiley; maiden; 1860–1940).[8]

A committee from the Exchange located Rev. Nightingale – who no longer was an owner – and assaulted him and forced him at gun point to sign a letter retracting the May 21 editorial.

Racist definition of rape

With the Southern white man, any mesalliance existing between a white woman and a colored man is a sufficient foundation for the charge of rape. The Southern white man says that it is impossible for a voluntary alliance to exist between a white woman and a colored man, and there fore, the fact of an alliance is a proof of force. (Record)

The "Weak Race" and the Winchester: Political Voices in the Pamphlets of Ida B. Wells- Barnett Author(s): Simone W. Davis Source: Legacy , 1995, Vol. 12, No. 2 (1995), pp. 77-97 Published by: University of Nebraska Press Stable URL: http://www.jstor.com/stable/25679164


Impetus for Well's assertions about rape

Wells, essentially, was saying, in cases where Black men were accused of raping White women, that the women were "White Delilahs" (racist femme fatales), her way of describing White women who were not innocent victims of rape, but rather, co-conspirators with male White supremacists. (re: Mrs. Underwood).

Real story, published in the
Cleveland Gazette
, January 16, 1892: "Julia Underwood," a White woman whose Black lover, William Offet, was imprisoned in 1888 for 4 years – released January 4, 1892, and given a pardon by the Ohio Governor. Underwood was the wife of a preacher and her words, against those of a Black man, were taken as absolute truth. It was Rev. Underwood who, thru Pittsburgh Attorney Thomas Harlan Baird Patterson (1844–1907) petition for Offet's release and pardon.

Wells, borrowing from

political economist, wrote that Longfellow was prophesizing that, in a long-impending
struggle for Americans following the Civil War, he could see in the Negro only an instrument of vengeance, and a cause of ruin. Wells was basically pointing out that Black men, in the presence of White women, were often automatically perceived as devious.

In 1893, Emanuel K. Love, a prominent Baptist clergyman – a minister in Savannah, Georgia, discussed lynchings, charges of rape, and mob violence against African Americans in the South. He advocated equality for all before the law and the courts but advises blacks to be especially obedient to the laws so as to dispel southern whites' suspicions of any wrongdoing.

  • In a 49-year retrospect, a White North Carolina newspaperman, W. J. Cash, in his 1941 book, The Mind of the South, bluntly wrote that a white woman had about as much chance of being struck by lightening as she did of being raped by a black man.
  • (no title), Weekly Law Bulletin and the Ohio Law Journal, Vol 14, November 17, 1890, pps. 394–395
  • Rope and Faggot: A Biography of Judge Lynch,
    Notre Dame Press
    )
  • Two: She believed that the lack of valuing a Black man's life over a White woman who expressed was outrageous.
  • Two: She believed that

A black man, crossing paths with a white woman, both alone, was gravely dangerous for both. The charge that black men raped and killed white women was a fallacy with fatal consequences.[9]

The gruesomeness of the murder seemed to eclipse or obfuscate or justify the gruesomeness of the lynching. And, except for harsh protests by the likes of Ida B. Wells[8] – over a sort of Karen effect (not to conflate Karen's overblown global response to the gravity of Hillard's murder, but to suggest that Hillard might have had better options if he had had an iPhone), postmortem sentiment was largely dismissive towards the lynching itself – or rather an attitude of "he had it coming."
The Examiner stated that its condemnation "did not spring from sympathy from the [lynching] victim."

Reported sequence of events in the 24 hours following the murder of Rebecca Bell

Hillard, who lived near Kilgore in Gregg County,[4] was accused of rape and a horrific murder of 23-year-old Rebecca Bell (née Rebecca Kinsey; 1872–1895), wife of Leonard Bell (1870–1900). Bell's body was found on a road, about 4 miles (6.44 km) east of Tyler. Bell, reportedly, had been walking home, alone, after visiting her mother, Juliette Kinsey (née Juliette Browning; 1850–1936), widow of Virgil Amos Kinsey (1850–1892) who lived a short distance away. According to reported accounts of Hillard's alleged testimony from an alleged inquisition, he allegedly denied raping Bell, but allegedly confessed to murdering her. It had been determined that Mrs. Bell was murdered around 5:00 pm, Monday, October 28, 1895, after which, within about 24 hours, Hillard had been executed by a mob in a large-scale spectator lynching. During that 24-hour period:

  1. William F. Warren, MD (1868–1944), African American, who resided in the neighborhood, was the first to discover the Rebecca Bell's body, around 5:00 pm, October 28, as he was returning from bird hunting. The body was carried to the dwelling of John Charles Smith, MD (1870–1955):
    West of the place, where the Bell's was found, was the dwelling of Bell's brother-in-law, Lewis H. Bell (1853–1959) – abouit 350 yards from the scene of the murder
  2. News of the murder reached Tyler at 7:30 pm, October 28[4]
  3. An inquest was held between 9 and 10 pm, October 28
  4. south by east
    (SbE) of Tyler.
  5. A search party captured Hillard around 4:00 am, October 29, 3 miles (4.83 km) from Paris,[10] sleeping in one of Wash Hilburn's (né Washington J. Hillburn; 1851–1917) cotton pens.[Note 2] Credit for the capture was initially given to he Gregg County Sheriff J.C. Howard (né Jackson Connor Howard; 1848–1922). But newspapers later reported that:
    1. Smith County Deputy Sheriff T.S. Tarbutton (né Theophilus Sidney Tarbutton; 1865–1915) captured him.
    2. William A. Harris (né William Asher Harris; 1876–1938) and
    3. George E. Harris (né George Edward Harris; 1872–1953), employees of the Cotton Belt Railway, assisted in the capture.[11]
    4. Cal McCane, an African American, was the bloodhound handler that led to the capture.[12]
    Others receiving congratulatory telegrams for helping in the capture included:
    1. F.S. Mansfield
    2. Jim Lavender
    3. Burr Finnell
  6. after his capture, Hillard was formally arrested by Smith County Deputy Sheriff Wig Smith (né Stuart Wiggins Smith; 1867–1930), son of Smith County Sheriff, John P. Smith (né John Pollock Smith; 1838–1906), who, in turn held Hillard in his custody.
  7. who then allegedly surrendered Hillard to a mob of 200 armed men,
  8. 6:00 am, October 29: (13 hours later): John P. Smith, Smith County Sheriff, telegrams the Governor, informing him that a mob of 1000 armed men took his prisoner.
  9. then an inquisition committee was formed. It was organized by John Martin Duncan (1851–1917), an attorney and former Smith County Judge. The committee was composed of M.A. Long (né Medicus Austin Long; 1853–1913) and others from the community where Mrs. had resided. Judge Duncan interviewed the witnesses for the committee. The committee allegedly identified and examined Hillard and determined his guilt, based partly on an alleged confession by Hillard,
    1. Witnesses alledgedly provided testimony to Judge Duncan as corroborating or circumstantial evidence that alledgedly placed Hillard in the vicinity of the crime
      Scene of the murder: about a half mile from the victim's house; the victim's mother's house was about a half mile east of where the victims body was found; the victim had been walking from her mother's house to her house.
      Note: Rebecca's mother's house was situated on a tract 146 acre tract, of which 108 were in the John D. Parchman Survey No. 755, Abstract 741 (Nacogdoches District, 3rd Class Patent No. 758) and 32 acres were in the Stillwell Box Survey No. 842, Abstract 169 (Nacogdoches District, Donation Patent No. 315 for serving in the Battle of San Jacinto). The land is near the border of the Sabine and Neches River Basins.

      Man who saw Hillard at his house the day before the murder:
      1. H.B. Collins, African American

      Man who saw Hillard the night before at the Harris Creek Bridge, about 1-1/2 miles from the scene of the murder:

      1. Tom Choice (né Thomas Choice; 1869–1945), African American

      Man who saw Hillard on the road immediately before the murder, 2 miles from the scene:

      1. Price Hicks (né James Price Hix; 1862–1951), white

      Women Hillard saw on the road immediately after the murder:

      1. Easter Jones, African American
      2. Mary Jane Jones
      3. Rubin Choice, according to testimony, said that Hillard told him that he was going to his aunt's house in Kilgore
  10. News dispatches initially identified Robert Henson Hillard under two other names, "Henry Hillard" and "Jim King," the former by newspapers that included The Fort Worth Daily Gazette,
    Galveston Daily News,[17][11] the McKinney Democrat (McKinney, Texas) the Evening Messenger (Marshall, Texas)[18][19] and the Wills Point Chronicle (Wills Point, Texas).[1]
  11. an execution scaffold had been erected in the west side of the Tyler town square, bounded by Spring, Ferguson, College, and Erwin Streets – the west side being the location of the current Smith County Courthouse, built in 1909.
  12. The mob started for the scene of the murder, where they arrived at 3 pm.
  13. The mob marched with Hillard towards Tyler, and at 4 pm, the head of the line entered Main Street where no less than 7,000 people were assembled
  14. makeshift grandstand-like accommodations had been set up,
  15. Large crowds of spectators, including ladies and children, had assembled in and around the Tyler town square – many arriving from nearby towns via special trains – congregated on the awnings surrounding the public plaza. Wagons, carriages, trees, and buildings were converted into grandstands and were thronged by 4:30 pm.
  16. combustible materials had been stockpiled[20]
  17. Hillard was dragged from the jail where he had been confined and was tied to a stake and forced to wait while his people piled wood around his legs halfway up to his waist. As the spectators watched, many insisted in adding wood to build the pile up to Hillard's limbs. While building the wood pile around Hillard, the crowd tormented him in a variety of ways, using him as a target for all kinds of missiles, and mercilessly torturing him by pinching his ear and striking him repeated blows in the face.
  18. Sometime between 4:30 and 5:00 pm October 19, Leonard Bell, widower of Mrs. Bell, ignited the pyre. When the flames grew from the shavings under the woodpile, Hillard reportedly cried for mercy, which was dreadful for the spectators to bear. He pleaded and begged for the quick death of a pistol bullet, and the crowd only guyed him. For fifteen minutes his screams were heard before death finally ended his sufferings.[21]
  19. October 29, 1895, 6 pm: The first telegram received by
    Governor Culbertson from the Smith County Sheriff was received at 6 pm[17][11]
    On the evening of October 30, Sheriff Smith received the following telegram from Governor Culbertson:
    "Your telegram stating that a prisoner had been taken from you and another athat he had been burned on the public square of the city, and asking what you should do, were received at short intervals. It was your duty to protect the prisoner at whatever cost. Why did you not do so? Having failed in this the affair is so violative of all law that nothing should now deter you from the performance of your duty to promptly present all parties engaged in the burning to the proper examination court of the Grand Jury."
    " In this you should not hesitate or falter, and if any aid is needed from me in the discharge of your duty it will be gtiven to the limit of my authority. The crime of the prisoner, if guilty is the most revolting known to us, but the law provides adequate punishment and a safe and orderly method of determining guilt."


Known lynching witnesses

Smith County maps

Aftermath

  • yet claims that telegrams from the Smith County Sheriff to Governor Culbertson seeking advice were delayed.
  • Governor Culberson ordered the Smith County Sheriff, John P. Smith (né John Pollock Smith; 1838–1906), to arrest of those involved, but no arrest were ever made. The Governor also said that the Sheriff should have protected the prisoner.[22] Tyler, at the time, was the hometown of then former U.S. Senator Horace Chilton and then former Governor Jim Hogg
    .
(Reworded) October 30, 1895: Texas Governor Culberson directed Sheriff Smith to "present all persons engaged in this homicide [the lynchers] to the proper examining court and the grand jury."[13]
  • Action reportedly commended by citizens of nearby Paris,[11] who – two 2 years, 8 months, and 4 weeks earlier – lynched Henry Smith (1876–1893)[23] The Smith lynching also involved (i) law officers surrendering the prisoner to a mob and (ii) torturous spectacle lynching by being burned at the stake in a public square with thousands of onlookers.
  • Following morning – Barnum and Baily Circus
Fix quoted material
The Barnum & Baily Circus arrived in Tyler the next day, and every participant was ushered to the dark spot on the west side of the public plaza. The circus troupe was later hard-pressed to perform anything as compelling as the slow roast of Henry Hillard the night before.
When African Americans were questioned regarding the manner of Hillard's execution, they reportedly endorsed it, but there was no other way they could safely respond. The prevailing white sentiment regarding Hillard's fate was conveyed in the November 1 edition of the Fort Worth Daily Gazette:

Legacy

  • The lynching marked the sixth of eight documented lynchings in Tyler.[24]
  • The National Memorial for Peace and Justice features a memorial with 805 hanging steel rectangles, representing each of the counties in the United States where a documented lynching took place. Smith County, Texas
    , is included.
  • Efforts to curb illegal lynching and centralize the administration of the death penalty marked the 1819-1923 period. Watershed legislation in 1923 accomplished those goals.
In 1923, Texas State Senator John William Thomas (1884–1971) – representing Bell, Bosque, Coryell, and Hamilton Counties – introduced a bill to reform Texas executions. Thomas won his seat by advocating such reform in the aftermath of an incident in which Americans accused of a crime were literally "burned at the stake." Senate Bill 63 (38th Legislature, 2nd Session), motivated by the desire for more modern, humane, set executions, abandoned the hangman's rope in favor of the electric chair and removed all executions from the "emotional atmosphere" found in local communities to the remote prison location of Huntsville. Though it aspired to make the death penalty regime more humane, the Act nevertheless provided:[25]
  • The
    Waco, May 15, 1916.[26]

Pro-lynching and pro-torture sentiment

Lynching, according to proponents, was an attempt to expedite perceived justice for a crime. Lynching advocates believed that it served as a deterrent. Lynching also was an outgrowth of distrust in lengthy procedural due process for criminal procedure. Torture, proponents believed, was the closest remedy for retribution of a crime, particularly for surviving victims and their families. However, the psychological scars to those families, for generations, endures. The psychological scares to the community also endures. The long-term duress on a community can be a demoralizing legacy the confronts future generations in search of its soul. The population of Tyler in 1895 was about 30,000; which, statistically, suggests that many current old-line Tyler families had ancestors who witnessed the event. Members of the lynch mob have remained nameless for generations.

Duncan and Beaird defend their involvement

Their views.[27]

Mixed opinions about due process and torture

Whether critical or empathetic, many newspaper editorials commenting on the Tyler lynching opined that many lynchings an outgrowth of public distrust of criminal procedure and an intolerance of slow trials (compare: speedy trial; also, see: U.S. Speedy Trial Clause), especially in cases of rape and murder, replete with perceived legal trickery built on perceived esoteric or immaterial technicalities.[28][29]

The New Orleans Times Democrat published an editorial, opposing the inhumane torture commuted in Tyler, but, aside from that, found lynching acceptable in cases where African Americans assaulted white women; to wit:

"The slow burning at the stake in Tyler was one of those inhumane acts to which a community is sometimes driven under the pressure of impassioned excitement, but which are none the less discrediting and degrading to, and unworthy of, the people who are driven to commit them. Lynching is quite sufficient in itself for negros' assaults on white women;" ... [28]

Due process disparity for blacks and whites examined

A month and 20 days after Hillard had been lynched, an editorial in the Brenham Daily Banner, reflecting partly on the lynching, pointed out that, in a case of alleged attempted rape of Emma Kess (1878–1965) of Sandy Hill (eight miles northeast of Brenham), the suspect, Julius Heinrich Schroeder (1864–1912) – who was white, married, and also from Sandy Hill – was released on $500 bond, considered a nominal bail amount. The article posited that a black suspect would most likely have been lynched.[30] In the March 1896 term of District Court, Schroeder pleaded not guilty, but was convicted of criminal assault and sentenced to 15 years of penal servitude. He was pardoned around February 4, 1898, having served only a year and a half.[31]

Plessy v. Ferguson

"From 1889 to 1899, lynchings in the South averaged 187.5 per year."

The 1896

Jim Crow
."

Murder victim, Rebecca Bell

  • Between 4:30 and 5:00 pm (about 5:30 pm per Dallas Morning News): Murder: The murder of Rebecca Bell was ascertained to have occurred between 4:30 and 5:00 pm, October 28, 1895. At the time of Bell's death, she (i) had been married to Leonard 1 year, 4 months, 2 weeks, and 4 days,[32] (ii) was reportedly three-months pregnant,[1] and (iii) had a son aged 11 months 3 days, Joel Amos Bell (1894–1992). The qualification "alleged murderer" is used, here, because Hillard was not given a trial in a Texas court of law. According to newspaper accounts, Hillard denied raping Bell; but, allegedly confessed to the murder – described as a gruesome murder. According to accounts of Hillard's confession, Bell began yelling "hysterically" that he had raped her when the two passed each other alone on a road, and he sensed that he would be lynched solely for the accusation.

Bell's maternal grandfather, Isaiah Nicholas Browning (1827–1915) was a settler for whom the unincorporated community, Browning, was named.

Leonard and Rebecca Bell lived on a farm 4 miles (6.44 km) due east of Tyler on what then was known as the Tyler Longview Road.[1]

Background

On charges of brutal assault and murder of Mrs. Rebecca Bell (née Rebecca Kinsey; 1872–1895), wife of Leonard Bell (1870–1900), Hillard was captured October 29, 1895????

Hillard was found 3 miles (4.83 km) from Paris. Soon after he was handcuffed, a mob of some 200 men, heavily armed, arrived on the scene and demanded an immediate surrender of the prisoner, which was reportedly reluctantly given. The mob started for the scene of the murder, where they arrived at 3 pm. A crowd continued to gather there until nearly 2,000 citizens from Tyler and vicinity were there. Witnesses were questioned. Then an officer appeared followed by 300 determined and well-armed men. When near the scene, the officers were overpowered and disarmed. Hillard was then brought before a committee. He reportedly made a full confession that he assaulted Mrs. Bell and then cut her throat. Then a vote was cast to determine a mode of punishment. It was unanimously agreed to burn Hillard alive and that he should suffer the penalty on Tyler's public square. The mob marched with Hillard towards Tyler, and at 4 pm, the head of the line entered Main Street where no less than 7,000 people were assembled. A scaffold was erected and Hillard was burned in the presence of thousands.[33][34]


  • See Dallas Morning News account

Unusual apparent facts

  • The event was not clandestine. It was widely chronicled and witnessed in broad daylight by thousands.
  • Two judges, by name, and members of the Texas bar, presided over the illegal proceedings.
  • Except for the black press, few newspaper accounts seemed critical of the torturous death penalty and seemed to accept the verdict, despite a complete absence attorney representation and due process
  • "In murder cases, the claim that an African American killed a white to avoid being attacked rarely proved persuasive to all-white juries."[35]

Questions

  • Due process
  • Cruel and unusual punishment
  • Violation of Texas Law
  • Racism

Federal law

  • Fourteenth Amendment to the United States Constitution, one of three Reconstruction Amendments, adopted July 9, 1868 (exactly 38 months after the end of the Civil War), among other things, extended the right of due process to all states (for all citizens).
  • Incorporation Doctrine is a Constitutional doctrine that makes the Bill of Rights applicable to the States under the due process clause of the Fourteenth Amendment. Prior to the Doctrine (and the Fourteenth Amendment, adopted July 9, 1868), the Bill of Rights applied only to the Federal Government and to Federal Court cases. After passage of the Fourteenth Amendment, the Supreme Court favored a process called "selective incorporation," under which, the Supreme Court would incorporate certain parts of Amendments One thru Ten. The Sixth Amendment was fully incorporated, except for the right to a jury. The Sixth Amendment was fully incorporated.[37]

State laws broken

State law

  • In 1923, when public lynchings receded, the Texas state legislature passed laws mandating that public executions be moved to Huntsville penitentiary; that electrocutions be carried out instead, beginning in February 1924.

"Statement of the prisoner" (excerpt)

"I met the lady that was murdered right in the road when I was coming along the road; she must have been scared, and she commenced screaming and hallooing. I told her, 'Lady, I am not going to do you any harm.' I knew that if she went and told that I interfered with her I would be murdered; that was the reason for the crime.'"
Hillard's fear that he would be murdered if a white woman accused him of assault – was a perceived entitlement harbored by many whites, including those in (i) law enforcement, (i) public policy, and (iii) news media.
  • As a law enforcement example, Smith County Sheriff John P. Smith reportedly did not follow the law when he surrendered his prisoner, Hillard, to the mob. Nor did he later attempt to arrest those who took his prisoner and carried out the lynching, even when ordered to do so by Governor Culbertson. Judge Duncan, who spearheaded the inquisition fully knew that Hillard's fate would be determined by proceedings structured by him. Duncan later, reportedly, expressed regret that Hillard was burned alive. But, Duncan was a member of the Texas bar – knowledgeable of Federal and State laws. He understood that conducting an inquisition outside a court violated U.S. and State laws. He also understood that the inquisition would establish a verdict with a sentence that would be carried out by a mob.
  • Another law enforcement example: The population of Smith County in 1895 was about 30,000, of which, more than half were black. Put another way, less than 15,000 were white. Considering that Texas county law enforcement officials and county judges in Texas are elected officials, the likelihood that Sheriff Smith had no choice but to surrender his prisoner, Hillard, to the mob, seems nefarious. And, given that the people of Tyler and Smith County were not transient, but rather, mostly long-standing residents – replete with interlinked family linage and intermarriages, the likelihood of Smith, and all other elected officials involved in the lynching, feeling threatened by upholding his duty to protect the prisoner from the mob is unlikely. The complicity of Sheriff Smith might be seen as collusion. The unwillingness to uphold the law is further exhibited when Sheriff Smith failed to arrest ringleaders of the mob when ordered to do so by the Governor.
  • As a public policy example, in 1897, when the Texas Legislature passed H.B. 30, placing more stringent laws against lynching, one of the nine nays came from
  • As a news media example, the New Orleans Times Democrat, nationally prominent in the era, published an editorial opposing the inhumane torture of Hillard, but, in the same editorial, endorsed lynching in cases of blacks assaulting white women; to wit:
"The slow burning at the stake in Tyler was one of those inhumane acts to which a community is sometimes driven under the pressure of impassioned excitement, but which are none the less discrediting and degrading to, and unworthy of, the people who are driven to commit them. Lynching is quite sufficient in itself for negros' assaults on white women;" ... [28]


Witnesses named in the press

The names of seven African American women and one white man and one African American man were given to newspapers as witnesses:

  • Easter Jones, African American
  • Mary Jane Jones, African American
  • Price Hicks (né James Price Hix; 1862–1951), white
  • Tom Choice (né Thomas Choice; 1869–1945), African American
  • H. B. Collins, African American
  • Rubin Choice
  • Harris Creek Bridge (on Thunderstruck Road?, currently Farm Road 1252), about one and a half miles from the scene of the murder

Criticism of a 1897 narrative

Quote
African American "characters" (other than the victim) that appear in the lynching narratives are relegated to incongruous bit parts, which authenticate their tacit submission to white domination. The lynching narrative's discursive project to naturalize the limitlessness of white of white supremacy and black inferiority. Moreover, because its authors decode civil behavior and black cultural politics (where it is visible to them) from an
etic
 or outsider's perspective, they cannot possibly perceive blacks' participation in civil defense as an assertion of agency or as a cultural priority – a fact the narrative, if read from an alternative perspective, inadvertently records.
The discursive strategy for establishing lynch law's racial roles and protocols is best portrayed, perhaps, in A Book of Crime and Its Consequences, What the Negro, Robert Henson Hilliard, Did, and Why He Was Burned Alive at Tyler, Texas. This nineteenth-century lynching narrative features the exploits of an interracial lynch mob. The narrative comprises a sizeable cast of cooperative colored people, who are "actors" in the drama (with speaking parts) rather than as spectators, who, in other narratives, either silently observe the ensuing carnage from the margins or are absent altogether. This anti-lynching
memes
signaling their powerlessness and submission to racial tyranny.
The narrative's
emic reading of this text suggests that she is really stating that no criminal should be burned at the stake. However, racial politics holds that any assertion she may make be ignored or opposed simply because it came from her – and old, black woman. Thus, this speech act indicates her efforts to eliminate the threat of immolation once the fugitive is captured. Ultimately, hover, the mob burns the alleged criminal at the stake in spite of the fact that an 'old darkey" has suggested it rather that because of it.[38][12]

Photos
C.A. Davis of George C. Irons (né George Charles Irons; 1864–1941) Studio, 209 North College Street, Tyler
Copies archived at the Prints and Photographs Division, Library of Congress, Call No.: Lot 11782
  • George C. Irons
Date Range: 1892- 1897(?)
Location: Tyler
Studio: Eureka Gallery (see Irons; also Edward Wellington Mims; 1873–1945)
Notes: also Eureka Gallery, about 1895-1900 known as “the Fruit Palace Photographer”
The Stereographs were a variation of
lynching postcards
.
Later, Breckinridge-Scruggs Co. made a profit selling pictures and postcards of the event. They wrote in their advertisements, “We have sixteen large views under powerful magnifying lenses now on exhibition. These views are true to life and show the Negro's attack, the scuffle, the murder, the body as found, etc. With eight views of the trial and burning. For place of exhibit see street bills. Don’t fail to see this.”
Quoted from a review
Lynchings were public, celebratory events that drew white men, women, and children and the photographs reflect this.
The re-emergence of lynching photographs as a genre, with the exhibition Without Sanctuary in 2003, brought them into the public eye again but within a changed political context. For modern audiences, they were historical documents that made visitors feel part of a spectacle of violence. The gaze, for most of these viewers, was paramount once the political imperative to end lynchings had been eradicated by earlier generations. Yet elderly people with personal connections to people who had been lynched disrupted that gaze in poignant ways and reinforced the power and importance of looking. In fact, one man entered the exhibition in Atlanta looking in a very directed way—for evidence of his own father’s death—only to be overwhelmed with emotion, unable to remain in the gallery.
Davis: daguerreotype (daguerrean) photographer??
The
Jules Pages
(1867–1946), who used photographs reportedly taken by G.C. Irons that had been sent to the Examiner by Paul J. Tustin:
  1. "Arranging the Scaffold"
  2. "Taking the Prisoner to Tyler"
  3. "The Condemmed Man, Praying While Surrounded by his Captors"
  4. "The Crowd in the Public Square at Tyler"
  5. "The Scene After Bell Applied the Match"[42]

Temp sources for photo section

 • Without Sanctuary: Photographs and Postcards of Lynching in America, edited and compiled by James E. Allen (born 1954) and John Spencer Littlefield (born 1961), forward by
Leon F. Litwack Sante Fe
: Twin Palms Publisher
(1994)
Book (1st ed.) (July 31, 1999);
OCLC 936079991
Book (10th ed.) (February 1, 2000):
ISBN 978-0-944092-69-9
Book (11th ed.) (2011):
OCLC 1075938297
;
Exhibitions:
  1. Roth Horowitz Gallery, 160A East 70th Street, Manhattan (January 14, 2000 – February 12, 2000); Andrew Roth and Glenn Horowitz, gallery co-owners, Witness: Photographs of Lynchings from the Collection of James Allen and John Littlefield, organized by Andrew Roth
  2. OCLC 809988821
    , Without Sanctuary: Lynching Photography in America, curated by James Allen and Julia Hotton
  3. Andy Warhol Museum
    (September 22, 2001 – February 21, 2002), The Without Sanctuary Project, curated by James Allen; co-directed by Jessica Arcand and Margery King
  4. OCLC 782970109, curated by Joseph F. Jordan, PhD (né Joseph Ferdinand Jordan, Jr.; born 1951); Douglas H. Quin, PhD (born 1956) exhibition designer; National Park Service
    MLK site team: Frank Catroppa, Saudia Muwwakkil, and Melissa English-Rias
 • Book review by Mary Niall Mitchell, Civil War Book Review, Vol. 18, No. 2, Spring 2016, Article 15 (article link);
OCLC 7390792067
 • "Lynching Photographs and the Politics of Public Shaming," Dora Apel (born 1952) and Shawn Michelle Smith,
ISBN 9780520253322
 • Karen moment referenced in the subhead or an Emmett Till scenario, where a mere accusation, especially with no witnesses, results in a lynching[8]
 • wow! check this – illustrations by
Jules Pages
(1867–1946)
 • "Confessed His Guilt – Story of the Texas Negro Who Was Burned at the Stake – His Victim Screamed When She Saw Him Approach, So He Cut Her Throat – Culbertson Scores the Sheriff – the Governor Wants the Lynchers Punished, but He Is Likely to Be Disappointed,"
OCLC 9518453, 21537047
 • "A Suggestion: Why Not Have a Texas Lynching Reproduced by Kinetoscope?"
Raymond Smiley Spears
(1876–1950)

Influence

Less than 30 days later, a mob near Bryan, Texas, lynched an African American for allegedly killing a little girl, only to find out later that they had hung the wrong man.

A database at the University of Missouri–Kansas City School of Law reflects that, in 1895, there were 179 known lynchings in the United States, 113 (63%) were African American.[43]

Quote source
There have been 468 documented lynchings in Texas between 1885 and 1942, which ranks the state third – following behind Mississippi and Georgia. Of those lynchings in Texas, 339 were black, 77 white, 53 Hispanic, and 1 Indian. Half of the white victims died between 1885 and 1889, and 53 percent of the Hispanics died around 1915. About 40 percent of the Texas lynchings were for accusations of murder,
26 percent were for accusations of rape or attempted rape.
African Americans, over all other ethnic groups, were more frequently lynched for rape. For African Americans, murder-related charges accounted for 40 percent of the lynchings and alleged rape accounted for 32 percent. All but 15 of the 322 lynching incidents occurred in the eastern half Texas. The highest frequency of lynchings occurred along the Brazos River – from
  • to the
  • Gulf of Mexico – where eleven counties accounted for 20 percent of all lynchings. Other high-frequency areas were
  • Waco
    )
  • Marion (31)
  • Waller (17)
  • Anderson (20)
  • Harrison County (17) and neighboring counties in Louisiana, namely
  • Caddo Parish
    (48) – one of the most lynching-prone areas in the country, and in
Contiguous to Texas counties:
Gulf Coast, Texas
East Texas
East Texas along the Brazos River
Other
Contiguous to Lamar County
Border counties:
  • Caddo Parish
    (48)
  • De Soto Parish
    (5)
  • Miller County, Arkansas (7)
  • Sabine Parish
    (3)
  • Vernon Parish
    (?)
  • Beauregard Parish
    (?)
  • Calcasieu Parish
    (?)
  • Cameron Parish
    (?)



Texans also made important contributions to the antilynching movement. Part of this was unintentional: the gruesome and widely publicized 1893 torture-burning of Henry Smith (1876–1993) before an assembly of thousands at Paris helped galvanize the infant antilynching movement into action. In a more positive vein, Texas native Jessie Daniel Ames of Georgetown founded and served as president of the Association of Southern Women for the Prevention of Lynching, the most effective antilynching group in the country. The legislature passed an antilynching law in 1897, governors called out the Texas Volunteer Guard to help defend prisoners on numerous occasions, and local officers sometimes went to great lengths to protect their prisoners.[44]

Advocacy and public policy

State level

1897 Anti-Lynching law passed

An attempt in 1892 by Texas Governor James Stephen “Big Jim” Hogg asked the State Legislature to pass anti-lynching law. His request failed. Then in 1897, a law requiring the prosecution of those involved in lynchings, as well as law enforcement personnel that permitted such action. Over the years that followed, lynchings began to decline.

At the urging of then Governor

Charles Allen Culberson
:

State of Texas, 25th Legislature, 1st Called Session, Acts 1897
House Bill 30, p. 40, Chapter 13 (link), entitled – "An act to fix the venue and regulate proceedings in prosecutions for rape, define and punish murder by mob violence, provide for the suspension and removal of sheriffs, constables, deputy sheriffs, chiefs of police, city marshals and other officers who knowingly and wilfully [sic
] permit it; and fix the venue and regulate proceedings in such cases." Of the 98 present, there were 89 yeas and 9 nays – 26 were absent and 2 were excused.
Nays:
    1. Andrews
    2. Borden
    3. Cochran
    4. Crane
    5. Crosby
    6. Dawson
    7. Ector
    8. Fisher
    9. Gaines
    10. Garza
    11. Glasscock
    12. Haskell
    13. Hockley
    14. Howard
    15. Kent
    16. Loving
    17. Lubbock
    18. Lynn
    19. Martin
    20. Midland
    21. Mitchell
    22. Nolan
    23. Reeves
    24. Scurry
    25. Stonewall
    26. Terry
    27. Upton
    28. Ward
    29. Winkler
    30. Yoakum
  • Byron Drew (1855–1932), Legislator for 2 terms (from January 8, 1895, to January 10, 1899) from Kaufman representing Kaufman and Hunt Counties
  • Frederic "Fred" Moses Gilbough (1855–1951), Legislator for 2 terms (from January 8, 1895, to January 10, 1899) from Galveston representing Galveston County
  • John Matthew "Jaybird" Moore (1862–1940), Legislator for 1 term (from January 12, 1897, to January 10, 1899) from Richmond representing Fort Bend and Waller Counties
  • Calvin Thaxton (1854–1928), Legislator for 1 term (from January 12, 1897, to January 10, 1899) from Mason representing Mason County
  • Frank Edward Wilcox (1865–1938), Legislator for 1 term (from January 12, 1897, to January 10, 1899) from McKinney representing Collin County
Senate Bill 21, p. 16, Chapter 9 (link)
Passed anti-lynching bills in both the House and the Senate one day before adjournment, which was then signed by the Governor.[45]

Irony of Augustine vs. State

One of the effects of H.B. 30 passed in 1897 was to have speedy trials related to rape. Yet, the Augustine vs. State, trial, which struck down parts of H.B. 30, lasted 22 years – initially delayed by a technicality in the filing in which the word ????? was used instead of the statutatorily required word ?????.

  • Sections 1 and 2 of the act, which relate to punishment of the mob, have been declared inoperative and void (Dave Augustine vs. The State of Texas, 52 South Western Reporter, 77; Texas Court of Criminal Appeals),[46] but the sections relating to forfeiture by the Sheriff of his office and disqualifying him from thereafter holding the office have not been passed on by the courts. Since the law went into effect no officer has permitted a prisoner to be taken from him and mobbed.[47]
On September 19, 1876, Dr. Phillip Haddox Brassell (1827–1876) and his son, George Thomas Brassell (1854–1876), were murdered in Yorktown, Texas. Seven men, allies of William E. Sutton of the Sutton–Taylor feud were implicated.
  1. William Cox (né William Webb Cox; 1854–1923)[48]
  2. Nicholas J. "Jake" Ryan
  3. Joe Sitterlee (né Joseph F. Setterlee; 1855– ), Deputy Sheriff of DeWitt County who, on December 20, 1876, in DeWitt County, married Melissa O. Cox (maiden; 1857–1933), William Cox's sister
  4. William D. Meador, Marshall of Cuero
  5. Charley Diedrichs (Charles Henry Heissig; né Carl Heinrich Heissig; 1822–1880)
  6. Frank Heister (James Hester?)
  7. Dave Augustine (né David Albert Augustine; 1838–1912), in 1899, was pardoned for the murder he committed in 1876.
A year earlier, in 1875, the Texas Rangers had established a special force under the command of Leander H. McNelly (1844–1877) with the specific task of bringing order to the Nueces Strip. Jesse Lee Hall (1849–1911), a member of that force, on December 20, 1876, showed up at the wedding of Joe Sitterlee and Mellissa O. Cox and informed all seven men that they were under arrest for the murder of the two Brassells.
The Augustine case lasted nearly 22 years. At the time, the most celebrated case in western Texas history. Cox, Ryan, and Litterlee were convicted for murder and sentenced to death. Meadows was captured in 1892 and tried in DeWitt County[49][50]
The anti-lynching bill was described by the press as stringent.
The last of forty-two black Reconstruction-era legislators, Robert Lloyd Smith (1861–1942) of Colorado County, attended his final sessions in 1897, offering an impassioned resolution on May 4, 1897, against lynching. He was the last African American to serve as a state legislator until 1966.
  • Since passage of the H.B. 30 in 1897, instances of law officers surrendering prisoners to mobs fell sharply. The ability of law officers to NOT surrender prisoners, in some quarters, became a sort of badge of honor. For example, in the case of S.H. Tittle (né Samuel Houston Tittle; 1856–1951), longtime Sheriff of Greer County, his obituary pointed out that he never lost a man.[51]


Anti-lynching bill in Texas (1949)

  • Texas House Bill 83: Fifty-First Legislature of the State of Texas, Volume 1 Page: 648; "Relating to defining mobs and lynching and defining lynching in the first degree and lynching in the second degree; prescribing penalties therefor; providing the duties of the District Attorneys with respect to the Act; providing that this Act shall not repeal existing laws relating to unlawful assemblies, rioting, and offenses against the person;" written by Representative Samuel Jackson Isaacks (1869–1956) of
    El Paso under the recommendation of Governor H. Beauford Jester who wanted to "modernize" Texas and "take the wind out of the sails of northern Democrats and Republicans." The bill never passed.[52]

National level

Costigan-Wagner and Wagoner-VanNuys anti-lynching bills (1933–1938)
Sponsored by:

Dyer anti-lynching bill (2020)

The Dyer Anti-Lynching Bill is named for Leonidas C. Dyer who introduced it in 1918. In 2020, U.S. Representative Louie Gohmert – born and raised in nearby Camp County, resident of Tyler, and who's congressional district includes Tyler – voted against the Dyer Bill, which would make lynching a federal hate crime. He cited his preference for the death penalty under Texas law. In a criticism against Gomert, former Tyler City Councilman Pastor Ralph Caraway said, "After over 400 lynchings in Texas from 1885 to 1942, we should be at the point where lynching is universally condemned in our society."[53]

  • An irony is that Gohmert's district is infamous for lynchings (including incidents where Texas law enforcement surrendered their prisoners to lynch mobs) – post Civil War
  • 11 nationally publicized lynchings in Tyler
  • 3 nationally publicized lynchings in Longview
  • 26 reported lynchings in Marshall
  • 3 in Nacogdoches County
  • 2 in Carthage
  • 4 in Henderson

Emmett Till Antilynching Act

National apology

In 2005, during Graham’s first Senate term, a unanimous Senate passed a resolution apologizing to lynching victims and their descendants for the chamber’s failure to enact anti-lynching legislation. It expressed “the deepest sympathies and most solemn regrets of the Senate to the descendants of the victims of lynching, the ancestors of whom were deprived of life, human dignity, and the constitutional protections accorded all citizens of the United States.” It also called on the Senate to “remember the history of lynching, to ensure that these tragedies will neither be forgotten nor repeated.”

Rembrance in Tyler

On July 29, 2020, Tyler community members, which included Bishop Nick McGrew of the Higher Education Ministries, honored eight lynching victims of Tyler.[54]

International prohibition against torture

  • After World War II, the Universal Declaration of Human Rights. Article 5 states: "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment"
  • International Covenant on Civil and Political Rights, ratified by the United States in 1992
  • United Nations Convention against Torture
    , ratified by the Unites States in 1994
  • U.S. government, "U.S. law contains no provision permitting otherwise prohibited acts of torture or other cruel, inhuman or degrading treatment or punishment to be employed on grounds of exigent circumstances (for example, during a "state of public emergency") or on orders from a superior officer or public authority."

Selected condemnation

An article in The Nation, November 21, 1895, by Susan Pendleton Lee (1933–1911):

"We owe an apology to our readers for printing, even with omissions, such horrible, sickening details. The collection of these examples of the unchanged spirit of slavery will, we fear, appear to Mrs. Lee to be 'harsh criticism.' But, with a new application of Helper's flout at Uncle Tom's Cabin, it is all well enough for women to give the fiction of slavery; men should give the facts." Lee was the daughter of Confederate General William Nelson Pendleton (1809–1883) and the wife of Confederate General Edwin Gray Lee (1836–1870).[55]
The book was one of the first school books published by B. F. Johnson, and became popular across the South. B. F. Johnson became one of the largest publishers of school books in the South.
  • "Godless government was illustrated in inciting the burning at the stake, with torture, of the negro Hilliard (sic), at Tyler, Texas, and the comment was: – 'We stand aghast when we read of the tortures inflicted upon missionaries in semi-civilized countries. Let us blush for our own shortcomings at home. Instead of the best men in the community forming a Government, we have permitted the lowest classes to seize the ship of state.'" – Dr. Joseph Silverman (1860–1930), Sermon: "Good Government or Godless Government," November 2, 1995, Temple Emanu-El – published in The New York Times, November 3, 1895[56]
  • The Unionville Crescent (Unionville, Michigan) averred that "the crime committed by the people of Tyler was more hideous than that of Hilliard [sic]. It was the work of savages. To that extent or at least it was paralleled by the crime of Hilliard. But it went further than this. Hilliard's crime had no influence outside of its immediate environment. The crime of the people of Tyler brutalized every one who witnessed it, prepared the way for more outrages of a similar nature, and brought the law into contempt. It was devilish in its cold-bloodedness. It was so monstrously cruel as to be almost incredible."[57]

Public reflection of lynchings

"Duluth Lynching Victims Remembered 100 Years Later," by Sarah Gannon, KTTC, June 15, 2020

"History – An Old Phenomenon: The Victim as Criminal," by Arica L. Coleman, Time, September 29, 2016


"Why is the Negro Lynched?," by

ISSN 0360-3725

Originally printed in a pamphlet from an address by Douglass delivered at the
LCCN 12-2894 (accessible via HathiTrust at catalog.hathitrust.org/Record/012239111
)
"Reprinted by permission of the
LCCN 12-11531; (accessible via Project Gutenberg at www.gutenberg.org/files/59116/59116-h/59116-h.htm
)
LOC image

Trivialization by whites of the Tyler lynching

The frightful lynching affair at Tyler Tex., afforded the sports of Dallas opportunity of some grim, satirical facetiousness. They extended an invitation to the Tylerites when they arrange another lynching bee to bring the subject to Dallas, and the entertainment can be given in the amphitheatre the good people of the State would not let Corbett and Fitzsimmons occupy.[59]

Twisted adoration of torture

Hilliard's power of endurance was the most wonderful thing on record! His lower limbs burned off before he became unconscious." The writer asked, "Was it decreed by an avenging God as well as an avenging people that his sufferings should be prolonged beyond the ordinary endurance of mortals?[60]
Book excerpt 1
Hilliard's suffering was measured against not only the grim composure of the mob but also the suffering of the white woman who had endured his alleged assault. It was her suffering, after all, that ultimately justified the excessive tortures the mob inflicted. If the sanctity of white womanhood had been violated, that sanctity could be restored only through the unbearable torment and suffering of the alleged violator.[60]
Book excerpt 2
The circumspection about publishing images stemmed not just from a desire to protect the identities of mob members. In 1895, the
Atlanta Constitution further expressed concern that such images only fueled the national perception that "the South was a land of barbarians." To publish the lynching photograph was, in this sense, a form of "pictorial libeling" against the good people of the South.[60]

Lynchings in and around Tyler

Lynchings in and around Tyler
Sheriff
1857
Tyler
 Unnamed slave lynched by a mob who took him from the Smith County Jail while awaiting trial for rape.[61]
1860
Smith County area
 The White Panic of 1860 – 80 slaves massacred[62][63][64][65]
See: History of slavery in Texas
1864
Tyler
 Unnamed slave burned at the stake
1868
Caldwell
Burleson County. He was taken from his bed during the night of June 16 by a band of white men and lynched. The body was "fearfully mangled with knives," believed to have been scalped, and thrown into the Brazos River. A few later a desperate letter from the Burleson County Judge Landay Shoemaker (born abt. 1830, Tennessee) reached Governor Pease asking for troops to protect the loyal citizens of the county. "For Godsake," pleaded the judge, "send us help immediately for impossible for union men to remain here unless we are protected, less we are willing to meet the fate of Wilson. Send them [troops] immediately as we do not know how many more may be murdered they get there[66][67]
1870~74
Tyler
 6 or more black soldiers were found, early morning, hanging from the limb of a single oak tree in Tyler
William Smith Herndon
(1835–1903) and the latter established around 1888 by Charles Leopold Caspary (1850–1927) as a subdivision of 26 lots in the Issac Lollar Survey No. 134, Abstract 574.

Note: As a marker for lawlessness amoung law officers in Tyler, A.E. Gresham, Tyler City Marshall, killed L.E. Russell, Tyler Chief of Police, on November 30, 1874, then gave himself up claiming it was justifiable.[71]

January 18, 1885
Lindale
Francis "Frank" Brownlee Clinkscales (1841–1885)
 Masked men at Lindale took Daniel Sutton, an African American, from a house and lynched him
June 8, 1888
Lansing
Solomon Ruffin Perry (1818–1895)
 Foster, alias "Tall Digar," an African American, was captured at the Lansing Switch for alledgedly committing rape. He was hung from an oak tree in the nearby woods – and left hanging as a spectacle – bloated and covered with green flies.[72] Sheriff Perry, who, on August 7, 1865, was appointed Sheriff by then Military Governor Andrew Jackson Hamilton. Perry had been elected Sheriff in 1862 and 1864. Perry, at the end of the Civil War, had been the owner of 27 slaves.[73][74]
  1. checked box  elected law enforcement officer(s) surrendered prisoner to mob
  2. checked box  black accused of raping a white woman
  3. checked box  black accused of robbing the home white family while only the wife was home
  4. checked box  no murder involved
  5. checked box  white woman witness, and alledged victim provides direct evidence
  6. checked box  no charges brought against members of the lynch mob
  7. checked box  confession extracted under duress of lynching (premediated with an alledged accomplice)
February 1, 1893
Paris
David Stone Hammond (1842–1924)
 Henry Smith was burned alive.
Main article: Henry Smith (lynching victim)
October 29, 1895
Tyler
John Pollock Smith
 Henry Hilliard burned alive on the Tyler town square in front of 7,000 to 12,000 spectators
  1. checked box  victim killed
  2. checked box  elected law enforcement officer(s) surrendered prisoner to mob
  3. checked box  black accused of raping a white woman
  4. checked box  black accused of murdering a white woman
  5. checked box  no witnesses supporting direct evidence, only collaborative
  6. checked box  no charges brought against members of the lynch mob
1896
Tyler
John Pollock Smith
 Lynching of a white man in Tyler
May 23, 1897
Tyler
John Pollock Smith
 A mob from Lindale lynched Will Jones (né Willis R. Jones; 1858–1897), a white man. Just before midnight, Saturday, May, 22, 1897, in Tyler, a mob composed of reportedly prominent citizens from Lindale – some 200 armed men – arrived at the Smith County Jail on East Erwin Street (see National Register of Historic Places in Smith County, Texas) with the intent of overtaking Sheriff Smith and and entering the jail to kill Will Jones (né Willis R. Jones; 1858–1897), a white prisoner who they accused of murdering Riley Stewart (né William Riley Stewart; 1834–1897) in Lindale on May 19, 1897. After disarming Sheriff Smith, battering down the great iron doors of the lower corridor, then battering down the double-riveted iron doors of the second floor for forty minutes, the mob found Will Jones. After refusing to accept his denial of being the murderer, the mob, at 1 am, Sunday, May 23, shot thirteen bullets into his chest, fatally wounding him.

Meanwhile, Effie Jones, an African American female prisoner in another cell on the first floor, had allegedly confessed to being the assailant who killed Riley Stewart, but for hire by Will Jones, who held a life insurance policy on Stewart.

Sheriff Smith issued warrants of arrest. One of the concerns was that a successful prosecution of the lynch mob might open the door to prosecuting many prominent citizens involved in the 1995 lynching of Hillard.[75]

Smith faced considerable opposition from community leaders, including resolutions passed by citizens of Hopewell, a small community near Lindale, four miles north of Tyler, just north of Swan off U.S. Highway 69 in central Smith County.[76] Thomas E. Perdue (1851–1939) served as secretary of the meeting that passed the Hopewell resolutions.

Will Jones, by way of his sister, Doris Cordova Jones (maiden; 1868–1940), was a brother-in-law of prominent lawyer and rancher from Weatherford (west of Fort Worth), Harry William Kuteman (1861–1925) who was a one-time law partner of Texas Governor Jim Hogg. By way of that same sister, he was an uncle-in-law of acclaimed portrait artist Douglas Granville Chandor (1897–1953).

  1. checked box  elected law enforcement officer(s) surrendered prisoner to mob
  2. checked box  white accused of killing a white man
  3. checked box  no murder involved
  4. checked box  no witnesses supporting direct evidence
  5. checked box  no charges brought against members of the lynch mob
August 7, 1898
Palestine
Hosea Monroe Cook (1855–1911)
 Dan Ogg (1877–1898), African American, in Palestine, while in the custody of Anderson County Sheriff H.M. Cook, was taken from a jail cell at about 11:00 pm August 7, 1898, hanged from a tree in the rear of the courthouse yard, and then shot 20 or 30 times by a mob of about 150 men. He was accused of having assaulted a white woman.[77]
  1. checked box  elected law enforcement officer(s) surrendered prisoner to mob
  2. checked box  black accused of raping a white woman
  3. checked box  no murder involved
  4. checked box  white woman witness, and alledged victim provides direct evidence
  5. checked box  no charges brought against members of the lynch mob
May 22, 1902
Lansing
George Washington Munden (1847–1914)
 Dudley Morgan, an African American, allegedly – on May 17, 1902, 9 am – robbed the home of
railroad rail was set. They chained Morgan to the rail and burned him alive. Lansing Switch is about 45 miles east of Tyler in Harrison County, 15 miles west of Marshall.[78]
Morgan alledgedly confessed and also alledgedly said that he planned it with Whaley Hurd, also an African American, who subsequenty was hanged.

Lansing switch was, on Jun 8, 1888, the site of the lyching of Foster, alias Tall Foster, for alledgedly raping, was hung from an oak tree in nearby woods – and left hanging as a spectacle, bloated and covered with green flies.[72]

May 1, 1909
Tyler
Joseph E. Johnson Land (1869–1953)
 May 1, 1909: Jim Hodge (1884–1909), an African American, was lynched by a mob of 1,000 men, who took him from the jail and hanged him to a scaffolding at the unfinished new courthouse, for allegedly attacking a seventeen-year-old unmarried woman, Winnie Harmon (né Dora Winifred Harmon; 1891–1915), the preceding night 3 miles south of Tyler. Harmon declared that she could not identify Hodge as the guilty party and was not sure as to his guilt; but mob lynched Hodge anyway in Tyler. On June 5, 1909, six Texas Rangers – Capt. John Harris Rogers (1863–1930), Dalp, White, Hall, Avirette, and Clifford – arrived to investigate the events. A few days later, on June 19, Harmon claimed that she had again been assaulted June 9 – by two African Americans; but many Tyler citizens doubted her.[79][80]

With respect to prosectuting the members of the lynch mob, a special grand jury ensued under District Judge for the Seventh Judicial District, Robert Walton Simpson (1869–1924) of Gilmer, against key identifiable members of the mob, but there were no convictions. Judge Simpson was the father of Gordon Simpson (1894–1987), Justice of the Supreme Court of Texas from January 1945 to September 1949.

Defendants
  1. Walter Turner (1875–1917)
  2. Ross Ford (né Ross Sullivan Ford; 1888–1961), granted bail for $5,000 (about $169,556 in 2023)
  3. Horace Turner (né Horace Marvin Turner; 1887–1981), granted bail for $5,000
  4. H.F. Lindley, held for grand jury without bail
  5. Joe Modisette, held for grand jury without bail
  6. Horace Alston (né Horace Chilton Alston; 1887–1962), held for grand jury without bail
  7. Lewis Francis, held for grand jury without bail
  8. Ed Francis (né Edward John Francis; 1867–1942)
  9. Audrey Campbell, discharged
  10. Isaac C. Hodges, MD (né Isaac Cantrell Hodges; 1863–1935)
  11. Will Griffin, Sr.
  12. Lewis Adams (né Lewis Franklin Adams; 1877–1961), granted bail for $5,000
  13. R.E. Bryan, discharged
  14. J.D. Sullivan
  15. John Wilkerson
  16. Henry L. Hoybrook (1864–1918), held for grand jury without bail
  17. Birdo Pryon (né James Pyron; 1882–1950), held for grand jury without bail
The special grand jury, after examining 16 bills of ordinary felonies, returned none against the defendants. Judge Simpson ordered the six defendants held in jail – Lindley, Hoybrook, Alston, Byron, Mattasota, and Francis – released.[81]
  1. checked box  elected law enforcement officer(s) surrendered prisoner to mob
  2. checked box  black accused of raping a white woman
  3. checked box  no murder involved
  4. checked box  white woman witness, and alledged victim provides direct evidence
  5. checked box  charges brought against members of the lynch mob, but no convictions
July 29–30, 1910
Slocum
William Hensley Black (1859–1944)
Main article: Slocum massacre
Anderson County
May 25, 1912
Tyler
Joe Land
 Daniel Davis burned alive[82] Davis had been captured by law officers, but was surrendered to a mob when delivered from Athens to the Smith County jail. 2000 people lynched Dan Davis, an African American. There was no trial. He was accused of criminally assaulting (rape) Carrie Johnson, a white girl sixteen years old who survived. Davis had been with another person, George Price (also identified as Dixon), who was captured May 25, 1912, in South Bosque (near Waco), held and protected in the custody of the McLennan County Sheriff G. W. Tilley (né George Washington Tilley; 1863–1937), and charged with complicity in the attack, which he denied. Davis was burned at the stake in Tyler, Sunday Morning, May 25, 1912.
1919
Main article: Red Summer
1919
Main article: Port Arthur riot 1919
July 10–12, 1919
Longview
David Sutton Meredith (1869–1934)
Main article: Longview race riot
July 24, 1919
Gilmer
"Wess" Bryce (né John Wesley Bryce; 1888–1973)
 Chilton Jennings (1900–1919), an African American, who was in jail for charges of assulting a white woman, Virgie Haggard (née Virginia Green; 1897–1978), on a road near Glenwood, southeast of Gilmer. Jennings was captured at 10:30 am, July 24 and put in jail. He was taken from the Upshur County jail by a mob of 500 men and hanged at 2:00 pm, July 24, in the courtyard square. Virgie Haggard had married 1 month, 2 weeks and 3 days to Alfred Dewitt Haggard (1902–1972).
Main article: Chilton Jennings
  1. checked box  elected law enforcement officer(s) surrendered prisoner to mob
  2. checked box  black accused of raping a white woman
  3. checked box  no murder involved
  4. checked box  white woman witness, and alledged victim provides direct evidence
  5. checked box  no charges brought against members of the lynch mob
  6. checked box  confession extracted under duress of lynching
July 6, 1920
Paris
"Eb" Clarkson (né William Everett Clarkson; 1875–1945)
 Herman Arthur (1892–1920), a
New York Age, members of the mob then dragged the charred remains behind an automobile through the streets of African American section of Paris while screaming, "Here are the barbecued Niggers, all you Niggers come out and see them and take warning."[83][84]

The Arthur brothers – stepsons of Scott Arthur (1836–1837), a

sharecropper tenant of the Hodges farm – killed John H. Hodges (1859–1920) and his son, William M. Hodges (1886–1920) in a shootout over a sharecropping dispute – the Arthurs refused Hodges' demand to work beyond noon on Saturdays. The Arthur brothers were captured by Lamar County officials in Valliant, Oklahoma, July 5, 1920, and brought to the Lamar County jail in Paris
. None of the mob members were masked, but, according to newspapers reports, none could be identified due to the darkness.

According to the

New York Times, Lamar County Sheriff William Everett "Eb" Clarkson (1875–1945) told McCurtain County Sheriff John William Dewitt (1872–1933) he was sure that one if not both of the lynched Arthur brothers would have been found innocent. Clarkson insisted that one of the lynched victims was not the murderer and and the other could not be identified. There was also a claim that the Arthur brothers acted in self defense following two armed provications, both by William Hodges, and finally, first gunshots fired by William Hodges. Herman Arthur, a World War I veteran, was a skilled marksman. Three years, ten months, one week, and two days ago, decendents of the Arthur brothers and the Hodges, donning face masks for protection against COVID-19, met for the first time in a Rememberance Ceremony at the Red River Valley Veterans Memorial in Paris.[85][86]

Main article: Lynching of Irving and Herman Arthur
  1. checked box  2 blacks accused of killing 2 white men
  2. checked box  both victims killed
  3. checked box  elected law enforcement officer(s) surrendered prisoners to mob
  4. checked box  no witnesses that could provide direct evidence
  5. checked box  charges of murder were brought against 5 members of the lynch mob, but no convictions
  6. checked box  victims maintained their innocence
  7. checked box  Lamar County Sheriff speculated that they would have been found innocent

People

  1. John P. Smith (né John Pollock Smith; 1838–1906) had been a Confederate soldier,
    POW exchange and rejoined his unit for the remainder of the war, rising in rank along the way. Following the War, he returned to farming in Winona and married Sallie Jeanette Wiggins (1847–1916), the daughter of his former commanding officer, John Marsh Wiggins. Smith became a member of the United Confederate Veterans, Albert Sidney Johnson Camp, covering northeast Texas region with two headquarters, one in Paris and one in Kingston
    . Smith served as Smith County Sheriff for six years, Tyler City Marshall for four years, and for several years, Justice of the Peace.
  2. John Martin Duncan (1851–1917) – From 1878 to 1882 he represented Smith,
    International-Great Northern Railroad.[88][87]
    Relationship: John Martin Duncan's second wife, Edwina L. House (maiden; 1868–1941), was a first cousin of Lillian Louisa Loftin (maiden; 1860–1931), the wife of Medicus A. Long
    Relationship: John Martin Duncan's second wife, Edwina L. House (maiden; 1868–1941), was a first cousin of Sheriff John Pollock Smith
  3. Pat H. Beaird (né Patrick Henry Beaird, Sr.; 1873–1911), Deputy District Clerk.
  4. Judge Benjamin Bryant Beaird, Sr. (1840–1915) had been a Confederate soldier,
    Fordoche Bridge, Mansfield, Pleasant Hill, Yellow Bayou, and was wounded at Mansfield.[87]
  6. Judge John Waldon Beaird (1864–1936)
    Relationship: Judge J.W. Beaird was a cousin of Pat Beaird
  7. M.A. Long (né Medicus A. Long; 1853–1913), a fruit farmer, was one of the "committee members."
    Relationship 1: Long's wife, Lillian Louise Loftin (maiden; 1860–1931), was a first cousin of Judge Duncan's second wife, Edwina L. House (maiden; 1868–1941)
    Relationship 2: Long's wife, Lillian, was a sister of James Smith Loftin (1862–1937), who was married to Mary John Wiggins (maiden 1873–1961), who was a cousin of Sally Jeanette Wiggins (maiden; 1847–1916), wife of Sheriff John Pollock Smith.
  8. Sheriff Cooke [sic] (né John Franklin Cook; 1858–1931) of Athens was the Henderson County Sheriff.[89] He succeeded Sheriff Richardson in 1894. Before that, as early at 1890, he was a Constable in Athens, Precinct 1, Henderson County. He ran for Henderson County Sheriff against J. H. Wofford 1890.
  9. Job A. Edson (né Job Adolphus Edson; 1854–1928), General Superintendent, then Vice President of the Cotton Belt Railway System until 1999
  10. Andrew Barr Liggett (1852–1909), from 1893 to 1901, was Superintendent of Transportation of the St. Louis Southwestern Railway aka the Cotton Belt Railway System for the Texas region. In 1895, he lived in Tyler.
    1. Officers Wig Smith (né Stuart Wiggins Smith; 1867–1930) – Sheriff J.P. Smith's son
    2. T.S. Tarbutton (né Theophilus Sidney Tarbutton; 1865–1915) was, beginning January 1909, special attorney in the legal department of the International–Great Northern Railroad, stationed in Palestine. As early as 1898, he was a special agent for I&GN.
    3. F.S. Mansfield (né Frederick Sherwood Mansfield; 1858–1896) – nominated by President
      Richard Bennett Hubbard, Jr. (1832–1901), was, during that same period, U.S. Minister to Japan. Hubbard had been Governor of Texas from 1876 to 1879 and from 1874 to 1876, Lieutenant Governor. Hubbard's family lived in Tyler and maintained a plantation in nearby Lindale
      .
    4. Jim Lavender (né James S. Lavender; 1863–1915), later, had been District Clerk of Smith County.
All received congratulatory telegrams for their effective work in capturing Hillard.
Hillard told Sheriff Smith, "Old man Bill Brown owned my people in slavery times."

See also

  1. "Hangings and Lynchings" (clippings), Tyler Public Library
  2. www.tylerhistory.org, website of DG Montalvo (né Jorge Uresti; born 1972), Tyler historian. DG stands for David George – "Uresti" and "Montalvo" are the first surnames of his mother and father, respectively.
  3. www.lynchingintexas.org, a project of Sam Houston State University, Jeffrey Lynn Littlejohn, PhD, Project Director
  4. lynchinginamerica.eji.org, by the Equal Justice Initiative

See also

Surrendering of prisoners by law officers to lynch mobs

Annotations, notes, and references

Editing notes

Note to Thats Just Great:
At your urging, I am 98% sold on the use of the Note/Reference style (with cite templates) that you implemented (and defended and enforced) in the Arthur story. Moreover, you purged full titles and retained selected subheads that hone-in more precisely on the germane connection, which also minimized clutter. I, however, think that some subheads tell a story. I'm not criticizing – I get it. You're good at this. And I would not change a thing.
With respect to the Note/Reference style, tho, in some cases, it seems to double (in a redundant way) inlining, particularly when there are a lot of singles. I mention this to you because you are superb at it. But, take a look at the very bottom of something in my sandbox to see my point of redundancy, to wit: Lynching of Hillard work page

Annotations

  1. ^ Hillard was described the newspapers as "colored" [sic]; but one newspaper described hims a "half-breed Mexican."(no title; re: Hillard), Cameron Herald (Cameron, Texas), November 7, 1895, p. 3, col. 3 (bottom) (accessible via Newspapers.com; subscription required)
  2. ^ Cotton Pens were small buildings used to store cotton in a field until a wagon could take the cotton to a gin. A typical cotton pen held 1500 pounds (ca. 680 kg) of cotton, enough for 1 bale. Cotton pens could be moved by pulling them on their skids. There were usually many in a field.

Inline notes

  1. ^ a b c d e Galveston Daily News, November 4, 1895.
  2. ^ Delear, Stephen Denis, May 2018.
  3. ^ Richmond Planet, November 9, 1895, p. 2.
  4. ^ a b c Austin Weekly Statesman, October 31, 1895.
  5. ^ El Paso Times, October 30, 1895.
  6. ^ Boston Journal, October 30, 1895.
  7. ^ Daily Commercial Herald, November 3, 1895.
  8. ^ a b c Wells, Ida B., 1892.
  9. ^ a b Timmons, Texas Observer, The, January 13, 2006.
  10. ^ Statesville Record & Landmark, November 1, 1895.
  11. ^ a b c d Galveston Daily News, October 31, 1895.
  12. ^ a b Barnes, Journal of African American Studies, December 2016.
  13. ^ a b c Fort Worth Gazette, October 31, 1895.
  14. ^ Daily Hesperian, October 31, 1888, p. 1.
  15. ^ El Regidor, November 2, 1895.
  16. ^ Dallas Morning News, October 31, 1895.
  17. ^ a b Galveston Daily News, October 30, 1895.
  18. ^ Evening Messenger, October 29, 1895.
  19. ^ Evening Messenger, October 30, 1895.
  20. ^ Aspen Daily Times, October 31, 1895.
  21. ^ Evening Star, October 30, 1895.
  22. ^ Cultivator & Country Gentleman, November 7, 1895.
  23. ^ New York Times, February 10, 2015.
  24. ^ Literary Digest, November 9, 1895, p. 7.
  25. ^ Valencia, Jackson, Putte, and Ellis, Spring 2005.
  26. ^ NAACP, 1918, pp. 25–36.
  27. ^ Galveston Daily News, November 11, 1895.
  28. ^ a b c Public Opinion, November 28, 1895.
  29. ^ a b Thornton, Galveston Daily News, November 24, 1895.
  30. ^ Brenham Daily Banner, December 19, 1895.
  31. ^ Brenham Daily Banner, February 6, 1898.
  32. ^ Texas Christian Advocate, January 4, 1894.
  33. ^ Colby Free Press, November 7, 1895.
  34. ^ Pittsburgh-Headlight, The, October 31, 1895.
  35. ^ Wright, 1997, p. 257.
  36. ^ Smith, Edward, 1849.
  37. ^ "Incorporation Doctrine" (defined).
  38. ^ Uncle Dan, 1897.
  39. ^ 15 Stereographs, Library of Congress, ©February 4, 1897.
  40. ^ Copyright, "15 Photographs," 1897.
  41. ^ Scott, 2015.
  42. ^ San Francisco Examiner, November 17, 1895.
  43. ^ Lynching Data, Tuskegee Institute.
  44. ^ Chapman, August 1973.
  45. ^ Trulson & Marquart, 2009.
  46. ^ Augustine v. Texas, 1899.
  47. ^ Law Notes, March 1900, p. 240.
  48. ^ Encyclopedia of Lawmen ... , 2002.
  49. ^ Dallas Morning News, January 23, 1894.
  50. ^ Texas 25th Legislature, May–June 1897.
  51. ^ Daily Oklahoman, The, April 9, 1939.
  52. ^ Byers, Orange Leader, The, February 16, 1949.
  53. ^ McCoy, Tyler Morning Telegraph, February 26, 2020.
  54. ^ Wellerman, Tyler Morning Telegraph, June 21, 2020.
  55. ^ Nation, November 21, 1895.
  56. ^ New York Times, November 3, 1895.
  57. ^ Unionville Crescent, November 22, 1895.
  58. ^ Doran, Galveston Daily News, November 24, 1895.
  59. ^ Natchez Weekly Democrat, November 6, 1895.
  60. ^ a b c Wood, Amy Louise, 2009.
  61. ^ a b Glover, 1976.
  62. ^ Barr, 1973.
  63. ^ White, Southwestern Historical Quarterly, January 1949.
  64. ^ Reynolds, Donald Eugene, PhD, 2007.
  65. ^ Reynolds, Donald Eugene, PhD, Fall 1971.
  66. ^ "Shoemaker to Gov. Pease," June 26, 1865.
  67. ^ Cantrell, Southwestern Historical Quarterly, January 1990.
  68. ^ Sitton & Conrad, 2005.
  69. ^ Fire Insurance Map: Tyler, November 1889.
  70. ^ Ward, May 1944.
  71. ^ Galveston Daily News, December 11, 1874.
  72. ^ a b Daily Hesperian, June 10, 1888, p. 1.
  73. ^ Campbell, Randolph B., 1997.
  74. ^ Texas Election Registers, 1850– 1864.
  75. ^ Fairfield Recorder, The, June 25, 1897.
  76. ^ McKinney Gazette, June 17, 1897.
  77. ^ Fairfield Recorder, The, August 12, 1898.
  78. ^ Outlook, June 28, 1902.
  79. ^ "Sensation," Palestine Daily Herald, June 10, 1909.
  80. ^ "Doubt," Palestine Daily Herald, June 10, 1909.
  81. ^ Dallas Morning News, July 2, 1909.
  82. ^ Bills, KETR, May 26, 2016.
  83. ^ New York Age, September 4, 1920.
  84. ^ Bills, Dissident Voice, July 5, 2016.
  85. ^ Madewell, Paris News, The, July 7, 2020.
  86. ^ Byrd, Paris News, The, July 7, 2020.
  87. ^ a b c d Texas Biennial Reports, 1888– 1930.
  88. ^ Outlook, June 12, 1897.
  89. ^ Dallas Morning News, June 3, 1928.
  90. ^ "U.S. Senate Proceedings," 1885– 1887.
  91. ^ Asher v. Cabell, Federal Reporter, May 30, 1892.
  92. ^ Asher v. Cabell, Harvard, May 30, 1892.
  93. ^ O'Hara v. Graham, The Forum, February 1899.

References: newspapers

  • GenealogyBank.com
    .
  • GenealogyBank.com
    .
  • GenealogyBank.com
    .
  • GenealogyBank.com
    .
  • Portal to Texas History Free access icon
    .

References: books, magazines, scholarly journals, papers, online media, other

Other links:
    3. Link – via Wikisource (transcription from a copy at Villanova University) Free access icon.
    Cited pamphlets:
    1. President Wilson
      's Lynching and Mob Violence Pronouncement (of July 26, 1918).
    2. Companion article: The Crisis (September 2018). "The Work of a Mob" (an investigation by Walter F. White, Assistant Secretary, NAACP, in Brooks and Lowndes Counties, Georgia). Vol. 16(5) (whole no. 95). pp. 221–223 – via Google Books Free access icon.
    3. East St. Louis riots
      ).
    4. Supplement to The Crisis (July 1917). "The Burning of Ell Persons at Memphis, Tennessee" (selected excerpts by Memphis daily papers of May 22, 23, 24 and June 3, 1917). Vol. 14(3). pp. 1–4 – via Brown University Free access icon. (see Lynching of Ell Persons).
    5. The Burning of Ell Persons at Memphis, Tennessee (an investigation by James Weldon Johnson for the NAACP; reprinted from The Crisis for July 1917). 8 pages.
    6. Nash, Roy, NAACP Secretary (December 11, 1916). "The Lynching of Anthony Crawford" (October 21, 1916, at Abbeville, South Carolina). Vol. 88(3549). New York: Hamilton Holt (editor). pp. 456, 458, 460–462 – via Google Books Free access icon.{{cite book}}: CS1 maint: multiple names: authors list (link
      )
Lee was the eldest daughter of Confederate General William N. Pendleton
.


  • Davis, C.A. (photographer) (June 12, 1897). "Fifteen Stereographs Relating to the Murder of a Woman in Tyler, Texas". George C. Irons Studio, 209 North College Street,
    Stereographs
    :
    1. "Waiting for His Victim" (staged)
    2. "The Assault" (aka "The Attack") (staged)
    3. "The Struggle" (staged)
    4. "Cutting Her Throat" (staged)
    5. "The Body as Found" (staged)
    6. "Washing Himself" (staged)
    8. "After the Trial" (actual)
    9. "Building the Scaffold" (actual), C.A. Davis, photographer
    10. "Praying on the Scaffold" (actual), C.A. Davis, photographer
    11. "Binding to the Stake" (staged)
    12. "The Torch Applied" (staged)
    14. "Ruins Next Morning" (staged)
    15. "Dogs Afraid of the Trail" (staged)
  • Ward, William Richard, Jr. (1907–1968) (May 1944). A History of Smith County, Texas (
    OCLC 10149028
    Note: The author did not identify a source for his claim that the naming of Confederate Avenue was an outgrowth of the lynching of African American Union Soldiers; but he was a third generation citizen of Lindale, which, one might infer that he learned of it, anecdotally
    .

References: government and genealogical archives, maps, historical society publications, law journals and reviews

  • Asher, et al., v. Cabell, et al., Vol. 50, Federal Reporter. pp. 808–829, (5th Circuit; May 30, 1892).
  • Asher, et al., v. Cabell, et al., Caselaw Access Project, Harvard Law School. (5th Circuit; May 30, 1892).
  • John B. White, Dave Augustine v. The State of Texas, 41 The Texas Criminal Reports: Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas – Part of the Austin Term, 1899; the Tyler Term, 1899; the Dallas Term, 1900; and Part of the Austin Term, 1900.
    Gammel Book Company
    59–76 (1902).
  • Resources for Texas elected officials (1888–1930). Biennial Report[s] of the Secretary of State of the State of Texas.
    Full:
    1. (1888) (via
      UC Berkeley
      )
    4. (1894) (via
      UT Austin
      )
    5. (1896) (via
      UC Berkeley
      )
    8. (1910) (via
      Illinois
      )

    Supplemental:

    1. (1912) (via
      Illinois
      )

    Full:

    Texas State Government, compiled by Edgar Henry Loughery (1861–1914)


Category:1869 births
Category:1895 deaths
Category:1895 in Texas
Category:People murdered in Texas
Category:October 1895 events
Category:Lynching deaths in Texas
Category:Racism in the United States
Category:African-American history
Category:African-American history of Texas
Category:Anti-black racism in the United States
Category:1895 murders in the United States
Category:History of Tyler, Texas
Category:Murdered African-American people
Category:Racially motivated violence against African Americans
Category:Deaths from fire in the United States
Category:African-American history between emancipation and the civil rights movement
Category:History of racism in Texas
Category:Riots and civil disorder in Texas

Further reading

  1. Violence in America: Historical and Comparative Perspectives (Vol. 1), by
    OCLC 648582574
    Chapter 5: "The American Vigilante Tradition," by Richard Maxwell Brown, pps. 121–169
  2. "An Inquiry Concerning Lynchings," by John Carlisle Kilgo (1861–1922), South Atlantic Quarterly (Duke University), Vol. 1 (1902), pps. 4–13
  3. "Lynch Law," by Alexander Brown (1843–1906), The Green Bag, Vol. 5, No. 3, March 1893, p. 116
  4. "The Lynch Law Tree" (contributed by the
    Philadelphia Times), The Green Bag
    , Vol. 4, No. 12, December 1892, pps. 561–162
  5. "The Origin and History of Lynch Law," by
    Howell Colston Featherston (1871–1958) (of the Lynchburg, Virginia Bar), The Green Bag
    , Vol. 12, No. 3, March 1900, pps. 150–158
  6. "Lynch Law in California," The Green Bag, Vol. 14, No. 6, June 1902, pps. 291–294
  7. "Correspondence – Lynch Law," by Albert Matthews, The Nation, Vol. 75, No. 1953, December 4, 1902, pps. 439–441
  8. "Correspondence – Lynch Law Once More," by Albert Matthews, The Nation, Vol. 76, No. 1961, January 29, 1903, p. 91
  9. "The Lynching of Negroes in Texas, 1900–1925" (masters thesis), by David W. Livingston,
    OCLC 25689757
  10. "Patrolling the Borders of Race, Gender and Class: The Lynching Ritual and Texas Nationalism, 1850–1994" (masters thesis), Danalynn Recer,
    OCLC 31598670
  11. "Mob Law," by William Aubrey (1853–1941), Proceedings of the Sixteenth Annual Session of the Texas Bar Association Held in the City of Galveston, July 28, 29 and 30, 1897, pps. 126–148
  12. "Lynch Law in Texas in the Sixties," by Joseph Christopher Terrell (1831–1909), The Green Bag, Vol. 14, No. 8, August 1902, pps. 382–383


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