John Henry Brown.

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Ex-Governor Henry Smith and Sam Houston
were also candidates. It was soon seen that the
army, now composed of volunteers from the United
States, and the newcomers, favored Houston, and
so did many of the citizens of Eastern Texas ; they
formed a majority of the voters, and Austin's
friends saw before the election that Houston's elec-
tion was a foregone conclusion. Houston was
elected, and offered to Austin the positions of
Secretary of State or Minister to the United States.
His great desire was to attend to his health and to
his private business, which had been neglected
entirely since he left for Mexico in 1833, and to
close up his colonial land matters. But prominent
men and all classes of his old friends, especially



his colonists, urged upon him for their sakes and
for the good of Texas to take the position of Sec-
retary of State, in order that his valuable ser-
vices could be given to Texas. He permitted
himself to be persuaded, when his own judgment
told him his health required repose and building

Having passed through the dark and stormy times
of the revolution, in which he took an active part, and
which he was largely instrumental in bringing to a
successful issue, he was nowfast approaching his end.
The immediate occasion of his last sickness was
three days and nights of continuous labor in an un-
comfortable room without fire, during a norther,
where he was preparing instructions on the great
question of annexation and other subjects for the
new Minister, Hon. William H. Wharton, to the
United States.

He was attacked with a severe cold, which
assumed the form of pneumonia, and in a short
time terminated his useful, eventful and valuable
life, in the forty-fifth year of his age. His death
was regarded as a national calamity, and as such
was mourned throughout the Republic. As a tes-

timonial of respect the government issued the fol-
lowing general order: —

" Wak Depaetment, Columbia, )
" December 27, 1836. j

" The father of Texas is no more.

" The first pioneer of the wilderness has departed.
Gen. Stephen F. Austin, Secretary of State, ex-
pired this day at half-past twelve o'clock, at

" As a testimony of respect to his high standing,
undeviating moral rectitude, and as a mark of the
nation's gratitude for his untiring zeal and inval-
uable services, all oflScers, civil and military, are
requested to wear crape on the right arm for the
space of thirty days. All ofldcers commanding posts,
garrisons or detachments, will, as soon as informa-
tion is received of the melancholy event, cause
thirty-three guns to be fired, with an interval of five
minutes between each, and also have the garrison
and regimental colors hung with black during the
space of mourning for the illustrious dead.

" By order of the President.

" William S. Fisher,
" Secretary of War."



Henry William Lightfoot, now Chief Justice of the
Court of Civil Appeals for the Fifth Supreme Judi-
cial District of the State of Texas, was born on the
old family homestead plantation, in Lawrence
County, Ala., December 29th, 1846. His paternal
grandfather. Dr. Thomas Lightfoot, a native of
Virginia, was a physician, and became one of the
early settlers of North Alabama. His father was
John F. Lightfoot and mother Malena J. Lightfoot,
nee McKissack.

He attended country schools until twelve years
of age, and then the academy at Tuscumbia, Ala.,
until sixteen years of age, when he joined the
Confederate army as a volunteer in the Eleventh
Alabama Cavalry and served as a soldier until the
war closed. In the fall of 1866 he visited Texas
and returned, determined to complete his educa-
tion and then make Texas his future home. The
property of his family being almost entirely swept
away by the war, he went to work as a field hand
upon the farm and saved enough money to enable

him to again attend school. He entered Cumberland
University at Lebanon, Tenn., in the fall of 1867,
and graduated from the Law Department in June,
1869, with high honors. His graduation speech
possessed unusual merit, gave promise of a suc-
cessful career that he has since carved out for him-
self at the bar, and was favorably commented upon
in the leading Tennessee and Alabama papers. He
entered upon the practice of his profession in his
native county, in the latter part of 1869, and, after
two years and six months of successful practice at
the bar there, moved to Sherman, Texas, in January

At the spring term of the District Court at
Bonham, in 1872, he met Gen. Sam. Bell Maxey.
They occupied the same room at the hotel, became
well acquainted, formed a partnership to practice
law together, and Mr. Lightfoot moved to Paris,
Texas, Gen. Maxey's home, in June following.
The partnership continued for more than twenty
years, the firm building up one of the largest and



most lucrative practices enjoyed by any firm in

After Mr. Lightfoot's removal to Texas, in Jan-
uary, 1872, he received an unsolicited appointment
from Hon. Robert Lindsay, Governor of Alabama
(who had not heard of his removal), as one of the
Directors of the Agricultural and Mechanical Col-
lege of Alabama, which, of course, was declined,
although considered quite an honor for a young
man of twenty-five years.

Gen. Maxey having been elected to the United
States Senate, in 1874, the responsibilities of a
large and increasing law practice at the Paris bar,

St. Louis, and took a prominent part in the exciting
and memorable campaign that followed. Actively
engaged in the practice of law, he nevertheless
found time to take part as a Democratic champion
in the contests in the political arena, but sought no
office. He was nominated, however, and elected to
the State Senate without opposition in 1880, which
position he held for two years, and then voluntarily
retired to attend the pressing demands of his law
practice. In 1888 he was elected by the State
Democratic Convention a delegate to the National
Convention at St. Louis that nominated Cleveland
and Thurman, and was selected by the Texas


which was not excelled by any in the State, fell
upon Judge Lightfoot.

On November 3d, 1874, he was united in mar-
riage to Miss Dora Bell Maxey (an adopted daugh-
ter of Gen. and Mrs. S. B. Maxey), who died in
June, 1884, leaving two children : Sallie Lee, who
was born June 8th, 1878, and Thomas Chenoweth,
who was born August 12th, 1880, their eldest son,
Maxey Bell Lightfoot, having died November 15th,

Judge Lightfoot was elected by the Democratic
State Convention, which met at Galveston, January
5th, 1876, a delegate to the National Convention, at
St. Louis, which nominated Tilden and Hendricks.
Alter the adjournment of the Convention, he ad-
dressed a large and enthusiastic mass meeting in

delegation to second the nomination of Mr.
Cleveland, which he did in a short and felic-
itous address that met with favor, both in the con-
vention and at home. July 11th, 1889, he was
elected president of the State Bar Association, suc-
ceeding Hon. F. Chas. Hume, which position was
accepted as a distinguished honor at the hands of
his brother lawyers. In his annual address to the
association, delivered August 6th, 1890, which was
published in the proceedings of that body, he dis-
cussed the Railroad Commission amendment to the
State constitution to be voted upon in November
following. Subsequent adjudications under that
amendment, before the Supreme Court of the
United States, have proven the correctness of the
views then expressed by him.



December 5th, 1889, Judge Lightfoot was mar-
ried to Miss Etta I. Wooten, daughter of Dr. and
Mrs. Thos. D. Wooten, of Austin, who is now the
mother of two boys : Wooten, born on the 2d day
of October) 1890, and William Henry, born on the
23d day of August, 1892.

In 1893 Judge Lightfoot was counsel for the Hon.
W. L. McGauhey, Commissioner of the General
Land Office of Texas, in his celebrated State trial,
on impeachment before the State Senate, and was
selected by the eminent counsel engaged in the
defense to open the case on argument of the demur-
rers and present the principles of law relied upon,
a duty that he discharged in a manner that fully
sustained his high reputation as a sound lawyer and
clear logical and trenchant speaker. After one of
the most interesting and important trials ever held
in the State, his client was honorably discharged.

August 9th, 1893, Judge Lightfoot was appointed
Chief Justice of the Court of Civil Appeals for the

Fifth Supreme Judicial District of Texas, by Gov.
James Hogg, an office that had been recently
created by the Legislature. Hon. N. W. Finley
and Hon. Anson Eainey were appointed as Associate
Justices and the court was organized at Dallas,
Texas, and began its labors in September following.
At the general election of 1894 Judge Lightfoot was
nominated and elected to the position of Chief
Justice, without opposition, as were also his asso-
ciates. Justices Finley and Eainey.

Judg^' Lightfoot has been a member of the
Methodist Church for more than twenty-five years.
His high character, purity of private and public life,
eminent services, solid learning as a lawyer and
capability as a judge of a court of last resort, are
well known to the people of Texas, and they could
have given no higher testimonial of their apprecia-
tion of his worth than they have by continuing him
in the position he now holds, which they have done
without a dissenting voice.



The subject of this brief memoir lived at a time
when Texas bad greatest need for young men of
his mettle and daring, and it is to him and those
living and laboring contemporaneously with him
that the present generation owes so much : the sub-
jugation of the Indians in Texas and the establish-
ment of a splendid civilization. He seemed especi-
ally fitted for the life and duties of a pioneer on the
frontier of a new and promising country, and, as
such, few men were better known in his day
throughout Central Texas. He came to Texas in
the fall of 1837. The battle of San Jacinto had
been fought in April of the previous year and
Texas' independence secured.

The country was in an unsettled and chaotic con-
dition. He was a native of Virginia, and was born
near Culpepper Court House in 1818. His father,
a farmer, died when Thomas was a small boy, and
he therefore spent his boyhood and youth with an
uncle, Dr. Harper Glascock, an infiuential citizen,
physician and planter of Virginia. By this uncle
he was accorded the advantages of excellent school-
ing and social privileges. He possessed an inher-
ent desire and ambition to accomplish something
for himself, and to get on in the world, and he left

his Virginia home and friends to seek his fortunes
in the then new State of Alabama. There he met
and married Miss Fancy Chamles and they soon
thereafter came to Texas. Mrs. Glascock remained
here but a short time, however, returning to her
home in Alabama, where she not long thereafter
died, leaving two daughters: Sarah, who lived until
her ninth year, and Mary, who is the wife of Will-
iam Patton, a resident of Austin, Texas. In 1344
Mr. Glascock married Miss Mary Philian Brown-
ing, a daughter of Christopher Columbus Brown-
ing, a Texas veteran and pioneer, more concernino-
whom is related further on in this article.

Upon locating in Texas Mr. Glascock settled
upon and operated what has for years been known
as the Oliver farm, about five miles west of Bas-
trop. He there remained for about five years, and
then removed to Austin, which was ever after his
home. He was known throughout Texas as one of
Austin's most active and influential citizens, and
as an aggressive Indian fighter. In the latter role,
his promptitude, intrepid zeal and relentless war-
fare upon the red savages, won for him the admira-
tion and gratitude of the people of his day. By
those who knew him it is said that Thomas Glas-



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dock knew not fear. Fired by the reports of the
wonderful discoveries of gold in California in 1849
he saddled his mule and made the trip overland to
the gold diggings alone, through a trackless wilder-
ness inhabited only by savage Indians. He spent
two years in California, meeting with indifferent
success in his mining ventures.

Upon his return to Texas, he was unanimously
and almost immediately elected Tax- Assessor and
Collector for Travis County, a position for which
he was eminently qualified. He held the office
until his death, which occurred at Austin, Novem-
ber 22, 1853.

He was a man of strict integrity, fine education,
and great -personal pride, and possessed a loyal
heart and business attainments of a high order.
The days in which he lived were the most troublous
and critical of any known to Texas history, and he
interested himself vitally in all issues involving the
good of his adopted country, and in all matters
pertaining to the safety of the young and growing
seat of government he was foremost. He figured
actively in what is known in history as the ' ' Archive
War," the circumstances of which are set forth in
detail in the two-volume history of Texas by Col.
John Henry Brown, and need not be recounted
here. He, with Col. Brown, participated in the
historic Plum Creek fight in 1840, the last of the
noted Indian encounters which settled the conquest
of civilization in Texas.

Mrs. Mary Philian Browning Glascock, his de-
voted wife, still survives and is well known and
highly esteemed in the city of Austin, her life-long
home. There is much in the life and character of
this venerable and estimable lady that would grace
the pages of history. There are few living to-day
who have passed through the hazardous, trying
and exciting experiences that Mrs. Glascock has.
Her father, Capt. C. C. Browning, before men-
tioned, came to Texas as early as the fall of 1836,
his family following in the spring of 1837. He
was a native of Greene County, Ga., and was born
February 9th, 1812, on a farm.

He came to Texas with, or at the same time, as
did his father, Daniel Browning, and they rented
land and pursued farming near Old Independence,
in Washington County, for one year, and later pur-
chased land and lived for three years near Gay
Hill, in the same county. In 1840 he removed to
Austin, and cleared and improved what has for
years been known as the old Goodrich place, near
Barton Springs.

He was reared in Alabama, and there met and
married Miss Penina Gunter, of Gunter's Landing.
Capt. Browning was one of the most intrepid and

daring of Indian fighters, and for years served in the
ranger service under Capt. D. C. Cady and later
under Capt- "Hi" Smith, in which he ranked as
Lieutenant of mounted rangers, and was in his sad-
dle almost constantly for years. He owned a horse
that seemed as aggressive and as much absorbed iri
the warfare against the Indians as its owner, and
never flinched when duty demanded action. It is
said to have been the only horse in all the surround-
ing country that would allow the lifeless form of a
man to be laid across its back, and one year Capt.
Browning brought into the town of Austin on the
back of this faithful steed, from various localities,
no less than eighteen victims of the Indian's deadly
arrows or bullets. He lived an active and self-
sacrificing life and died at his home, near Austin,
March 3d, 1871. Mrs. Penina Browning, his faith-
ful and devoted spouse, survived him for several
years. A lady of most excellent traits of character,
she possessed those qualities of mind and heart that
greatly endeared her to the whole community in
which she so long lived. With Christian fortitude
she patiently endured the many hardships incident
to pioneer life at Austin, having been several times
driven by the Indians from home. On one occa-
sion she was pursued, with her girl baby in her
arms; hid out of doors over night, and barely
escaped capture, which in those days proved inevi-
tably far worse than death. Hiding, however, her
child in a vacant house, she evaded capture and
returned at break of day to find her infant girl
safe and sound. This occurred at Austin, in 1846,
when her husband was away from home on ranging

Mrs. Penina Browning led a spotless life, well
worthy of emulation. She was for many years a
devout and consistent member of the Methodist
Episcopal Church, upon which she left the impress
of her many charitable deeds.

A noble woman — she quietly passed to the life
beyond the tomb, November 13, 1882.

She had but two children, both daughters, who
survive her, viz. : Mrs. Glascock, before mentioned,
and Mrs. Sarah Elizabeth, widow of the late Eev.
J. M. Whipple, both of Austin.

It is fitting that in these memoirs some mention
be made of Capt. McLusky, the venerable step-
father of Mrs. Penina Browning. He wa,s a native
of Tennessee, and performed the part of a gallant
and efficient officer throughout the Creek War under
Gen. Jackson. After coming to Texas his advanced
age did not prevent him from incurring the dangers
and hardships of aggressive Indian warfare in de-
fense of Austin and surrounding settlements, when
the removal of the seat of government and other



causes left them daily exposed to assaults. In fact,
the best energies of his life were ever given to the
service of his country. He lived to be sixty-nine
years of age, and died the death of a hero and
patriot at Austin.

To those who knew him best, and notably his
two surviving granddaughters, Mrs. Glascock and
Mrs. Whipple, he is held in loving remembrance "as
a true friend and faithful protector.

Mrs. Whipple was born in Lowndes County, Ala.,
in 1832, and recalls with feelings of both pleasure
and regret the many scenes of her girlhood, inci-
dent to the early settlement of her (now beautiful)
" city of the hills."

June 17, 1847, she wedded Mr. Francis Dietrich,
who for many years was one of the leading mer-
chants of Austin. He was a native of Germany,
and was born at Cassel, February 2, 1815. He
was sent to America in 1831 to be educated in New
York City. He became so interested in the strug-
gle for Texas Independence that he abandoned the
dea of schooling and joined the revolutionary forces
in 1835, and bore a valiant part in the sanguinary
struggle. He participated in the battle of Eefugio,
in March, 1836, and later was captured with Fan-
nin and his men, but escaped massacre because of
his foreign birth. He engaged in business and
acquired property at Victoria, but lost it by fire
at the hands of Mexican invaders. He was
one of the first to engage in merchandising

at Austin, but left there on account of hostile In-
dians and sold goods at Washington on the Brazos
until the seat of government was located at Austin,
when he returned and was there actively engaged in
business until his death, May 31st, 1860.

Francis Dietrich was a good man and stood high
in business, political and social circles. He never
lost sight of the guiding star of right and justice.
He was an influential member of the Methodist
Episcopal Church and at times held the oflSce of
steward. He was successful in business, erected
substantial business blocks and left a handsome
estate. He was three times married. By his first
union to (Miss Bessie Eeed) he had one son, James
Dietrich, living in Travis County. His second wife,
Miss Martha Brown, lived only about one year and
died without issue. June 17, 1847, he married Miss
Sarah E. Browning, of whom mention has above
been made, and she has one son, Thomas Dietrich,
of Austin.

January 1st, 1863, Mrs. Dietrich married Rev.
Dr. J. W. Whipple, an esteemed and able member
of the Methodist clergy, well remembered for the
life-long and faithful service that he rendered to the
cause he espoused.

Dr. Whipple died May 10, 1895. Mrs. Whipple
lives in retirement on her handsome estate near and
overlooking the city of Austin. She is a lady of
refined and artistic tastes and gracious manner,
and, as such, is widely known.



Elijah B. Thomas is a native of Louisiana, born
on Johnson Bayou, in Clarke's Parish, November
2nd, 1842. His father, "Elisha Thomas, was a
stock-raiser and farmer, who came to Texas in early
times, where he followed the stock business. Serv-
ing as a boy in the transportation department, he
enrolled as one of the Texian saldiers of 1836. He
died in Victoria County. A twin brother of Mr.
Elisha Thomas, also named Elisha, located near
San Antonio, pursued stock-raising, and there died.
The mother of the subject of this notice dying, his
father was twice married thereafter, by the first of
which later unions were born seven sons and three
daughters ; by the other six children, two of whom
are living in Texas. Elijah B. Thomas, the sub-
ject of this sketch, was, like his father, a twin, and

his twin brother, named Elisha, with whom he en-
listed in the Confederate army at Houston, Septem-
ber 10th, 1861, as soldiers in Company B.
(commanded by Capt. John A. Wharton), Terry's
Eighth Texas rangers.

Elisha served during the entire confiict with the
rangers, and survived the war only to lose his
life by accident on the railroad, near Galveston.
Elijah B. Thomas served about one year. In
1865 he married Miss Mary Jane Garrett, daugh-
ter of Wilboan Garrett, a stock-raiser, and an early
Texian. The marriage took place in Houston.
The same year (1865) he located in Brazoria
County on Clear creek, and oneyear later on Choc-
olate bayou. He now lives on Mustang slough,
where his father located on the R. L. Ware head-

a -




right in 1848. His maternal grandfather, Hayes,
was one of the earliest settlers at St. Louis, Mo.,
and once owned and lived upon the ground now
covered by the famous St Louis stock-yards.

Mr. Thomas has six children living, and is a well
and favorably known citizen. He has for years
acted as Deputy Sheriff and Hide and Animal In-
spector of Brazoria County.



Charles A. Culberson, Governor of Texas, was
born at Dadeville, Tallapoosa County, Ala., and is
about thirty-eight years of age. He is a son of
Hon. D. B. Culberson, ex-Congressman from the
Fourth Texas District, and has inherited the intel-
lectual strength and forensic genius of his distin-
guished father. His mother is a lady of rare
intelligence and is a daughter of Dr. Allen Kimbal,
of Alabama. His parents removed from Alabama
to Gilmer, Texas, in 1858, and from that place, in
1861, to Jefferson, where they have since resided.
The subject of this sketch attended the common
schools in Jefferson, the high school of Prof.
Morgan H.'Looney, at Gilmer, and in 1870 entered
the Virginia Military Institute, at Lexington, Va.,
from which he graduated in the class of 1874.
Until 1876 he studied law in his father's office and
then entered the law department of the University
of Virginia, where he remained a year. He was
chosen Judge of the moot court, the highest honor
of the law class, and in 1877 was selected as the
final orator of the Jefferson Literary Society. In
1878 he was admitted to the bar and soon partici-
pated in the trial of a number of important cases,
acquitting himself in a manner that gave him a high
character at the bar. In 1882 he defended Le
Grand (charged with murder and indicted under
the ku-klux law) in the Federal District Court at
Jefferson. Le Grand was convicted and the case
was appealed to the Circuit Court. Culberson
attacked the constitutionality of the ku-klux law ;
contended that the Federal courts had no jurisdic-
tion to tryLe Grand, and supported his views with
tuch learning and logic that Justice Woods, who
presided over the Circuit Court, agreed with him,
reversed the verdict and sentence rendered below,
ordered that the defendant be discharged from
custody and declared the ku-klux law unconstitu-

The United States Supreme Court afterward, in
other cases, passed upon the ku-klux law and

followed the decision of Justice Woods, fully
concurring with him. This was quite a victory for
the young attorney, and he pushed on with

Online LibraryJohn Henry BrownIndian wars and pioneers of Texas → online text (page 130 of 135)