Murder most foul in Dalby Springs

In July 1865, with the body of a man who had been shot to death, and a murder suspect, but no elected judge for the county or judicial district, Dalby Springs residents appointed a trial chairman, a secretary, a guard on the defendant, 12 jurors and an attorney for the defense and prepared to try one of their own.

Attorney A.H. Latimer had asked district military judge B.W. Gray of Mount Pleasant to conduct the trial, but Gray did not respond. At that time, Texas was under military control of the U.S. Army, with all previous office holders who served under the Confederate government ousted from their positions. The Army-appointed officials ruled as they saw fit.

From U.S. Roots:

“On July 18, 1865, 60 citizens of Bowie and surrounding counties met and wrote, ‘We have only one recourse and feel that our lives, our property, and the safety of all those looking to us for protection demand our speedy action in the premises.  We will proceed to the trial of the accused according to the law and evidence, not admitting any evidence for or against the accused that would be excluded at a trial before a regular court.'

“Warren K. Dalby was required to act as chairman and William E. Estes was required to act as secretary and Luke C.Powell was required to detail a guard and take charge of the prisoners.  A. H. Latimer was appointed to act as assistant chairman and they proceeded with the trial.

“The prisoner was introduced and a jury of 12 men of lawful age selected.  The records read ‘J. M. McCowen, Harvey Daughterty, James. Easton, William Hall, T.P.Curbow, J.J. McClusky, W.H. Harrison, S.R. Proctor, K.H. Willowford, R.P. Lumpkin, Joe Hudgins and W.S. Proctor were duty empaneled.’

“The prisoner was informed that he was charged with murder to which he pleaded not guilty.

“W.E. Estes was appointed to act as attorney for the accused and G.D. Dalby was appointed secretary to fill the vacancy.

“Witnesses were F.M. Fulgham, Captain James Clark, R.S. Greenhaw, D.B. Burks, J. Thomas, William Greenhaw, L. C.Powell, Thomas Treen, James Phillips, J.L. Criner.

“The witnesses testified they saw the slain man and the accused riding off into the woods on their horses and saw a gun on the accused.

“They said they had seen the accused and slain man's wife together on many occasions.

“The case was submitted to the jury who gave a verdict, ‘Guilty of murder in the first degree.’

“The convicted man ‘was ordered to be kept in close confinement until the next day when he was to be hung by the neck until he was dead.’ Soon after the trial and conviction, a pine coffin was made by some members of the citizen's court and the coffin was placed in a two horse wagon and driven by a Negro named Ferry.  The convicted man was made to get into the wagon and they were driven to the spot where the murdered man's body was found.  The wagon was followed by the group of citizens and the convicted man was blindfolded and hung on a tree.  He was then buried in a grave which had been dug under the tree.

“The wife of the murdered man had been kept tied to a bed post since the discovery of the murder.  After the trial, she was set free and according to documents, ‘she left Dalby Springs and was never heard from again.’"

http://www.usroots.com/~jmautrey/towns/dalbysprings.htm

(The murdered man’s wife admitted she and the accused were involved in an affair and further admitted that she was aware of his intentions,)