John Henry Spalding (1835 - 1882)

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Birthdate:
Birthplace: Ralls Co., MO
Death: Died in Waxahachie, Ellis, Texas, United States
Occupation: Furniture maker, city marshal
Managed by: Beverly McCullough
Last Updated:

About John Henry Spalding

John Henry Spalding

Added by mlspalding on 17 Feb 2008

Son of Benjamin Aaron I and Matilda Hager Spalding, was born in Ralls County, MO on 4-29-1835. In young manhood he learned the cabinet makers trade under his brother William Evermont Spalding.

He was twice married, first to Mary Langsford, daughter of Nicholas B. and Margaret Langsford, at Paris, MO in the spring of 1859.  They moved to Texas the fall of the same year, settling first in San Antonio.  In the fall of 1960, they moved to Waxahachie were Mary died in August of 1865 leaving no children.

John Henry's second marriage was to Laura Jane Parks at Waxahachie on 12-30-1868. She was the daughter of Captain W.W. and Sophia Koonce Parks and was born near Fayettesville, TN on 12-22-1848. They had four children, William, Clint, Kate, and Frank.

John Henry entered the Confederate Army in Parsons Brigade, 19th Regiment of Texas Cavalry from Waxahachie, TX. He served throughout the war mostly on detail work as rifle repairer. He was an expert mechanic and locksmith as well as furniture and cabinet maker.

He returned to Waxahachie after the Civil War and engaged in the furniture and undertaking business until an uncollected loan forced him to sell to his younger brother Benjamin Aaron II and H.L. Manuel. During his later years he engaged in farming and stock raising and at the time of his death on 12-17-1882, he was City Tax Assessor and Collector and City Marshal of Waxahachie. He was killed in making the arrest of a drunken negro.

The second wife died on 12-20-1927 after a well-spent and industrious life devoted to her family, friends, and church.

Their story was immortalized by great-grandson Robert D. Benton in his Academy Award winning movie Places in the Heart.

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Death of John H. Spalding

Added by mlspalding on 30 Jul 2008

From the Waxahachie Enterprise newspaper dated Friday, Dec. 22, 1882

Fatal Tragedy

Mr. J. H. Spalding, Town Marshal, Murdered by a Drunken Negro -- The Black Villain Resists Arrest and Meets a Well Merited Punishment.

The bloody tragedy of last Sunday evening which culminated in the instant death of Mr. John H. Spalding, town marshal of Waxahachie, and in the subsequent killing of Chas. Smith, his murderer, created a feeling of intense excitement on the streets of Waxahachie on the night of the fearful deed and has cast a pall of sadness over the entire community. the origin and particulars of the deplorable event as far as we can gather them from observation and the statement of others, are as follows:

Chas. Smith, a negro about 35 years of age, who has been employed for some time at the drug store of E.A. DuBose, and was accustomed to do other small jobs around town, got into a difficulty with another negro, on or near the square, Sunday evening, while in a state of intoxication. Deputy Marshal L.K. Allen stepped up and ordered Smith ot surrender, but he broke away and ran along College Street toward the railroad, closely followed by Allen who fired one shot near the bridge to frighten the negro and cause him to halt; after crossing the railroad Smith turned to the right, running between the two cotton platforms and took refuge behind the east end of the north platform. Here he began to cure Allen and tell him to shoot, at the same time firing about three shots at him and Jim Lewis, approaching them all the time; Allen also fired several shots. Jim was unarmed, and Allen's pistol now being empty, they both retreated behind the cotton on the railroad platform.

While Smith was shooting at Allen, Mr. J. H. Spalding, the town marshal, mounted on Jim Lewis' pony, got a little beyond where Smith stood and fired at him four or five times. The negro then ran on toward the lumber yard, followed by Spalding who overtook him at the bridge just southeast of Farley's cotton yard, and dismounting, reached out for Smith, calling upon him to surrender. The negro threw his pistol into the marshal's face and fired, the ball penetrating his forehead just above the left eye and lodging on the inside of his head. He collapsed and instantly expired. The black demon, furious with anger and intoxication, and gloating over his bloody deed then yelled out, "Did you see that? I'll shoot any G--d---- man that shoots at me!" and turning away he ran on up the road toward Freedman town, bidding defiance to his pursuers, Allen and Jim Lewis, both of whom were without the means of resistance. He passed on by the colored Baptist church and remarked to some one that he was shot in the hip. Bu this time a considerable number had joined in the pursuit. He was tracked on down to the creek. It is thought that he stopped in the creek to reload his pistol. He was next seen creeping up through the weeds to is own house in the south portion of Freedman town. Charley Hull who was watching for him in the shade of a cabin near by, called out, "Who's there?" Smith replied with imprecations and raised his pistol to shoot. Each fired two shots, when the negro ordered Hull to get behind the house, Hull did and Smith turned and crossed into the orchard on the H.G. Martin place now occupied by Mr. Ingram's family. Here he lay down in the shadow of a peach tree. His pursuers now numbering a hundred or more, were scattered around in different directions and several were searching the stable for him. Finally he was discovered, and as a last resort he ran into the privy on the Martin place and shut the door. Joe and Eph Dixon, Shan Partain, J.B. Wilson and others took their station in front and ordered the desperate villain to come out and surrender. He still refused until Charlie Woodard, (colored), throew his whole weight against the door and broke it open. Smith then being called upon to throw up his hands and surrender, according to the testimony of witnesses, fired one shot and throwing up one hand reached down with the other for a pistol, there being two pistols as well as cartridges found on his person. But his doom was sealed. An innocent man and faithful officer had been hurled without cause into eternity; another had barely escaped while attempting to arrest the blood thirsty fiend, and neither law, justice, nor the instincts of humanity demanded that honest men should stand waiting to give the black devil a third chance to shed innocent blood. The only alternative was then and there to mete out to him the just reward of his heinous and dastardly crime. Almost simultaneously the contents of three or four shot guns pierced his foul carcass, and in fifteen or twenty minutes the hand that shed the blood of J. H. Spalding was itself still in death. One load of buck shot passed through his neck and another through the right side of his chin. Wounds were also found on his hip, his arms, and right side.

Justice J. E. Lancaster being sick, no inquest was held over the bodies of the deceased until Monday morning, when C.J. Harris, Esq., who had been sent for, appeared and took testimony as follows:

L.K. Allen being sworn said: On Sunday evening about half-past 6 o'clock, I, as deputy marshal, attempted to arrest one Chas. Smith, in front of Moses Levy's meat market, in Waxahachie. He resisted and ran, I fired my pistol to halt him. He continued to run, and following, he fired his pistol at me two or three times, when I fired at him again; about this time Mr. Spalding, the marshal, came up, I fired at Smith again -- the last load in my pistol. Mr. Spalding commenced firing at Smith, and Smith at Spalding, and I went for another pistol; returning I found Spalding lying dead on the bridge near the railroad, between Jackson and Kaufman streets. I am satisfied that Smith shot Spalding.

Jim Lewis testifed substantially as above, and said that he saw Chas.Smith fire a pistol at Marshal Spalding, the shot taking effect, hitting Spalding in the forehead.

The jury found that J.H. Spalding came to his death from the effects of a pistol shot fired by one Chas. Smith, etc. W.N. Griffith, J.T. Brown, S.H. Overstreet, P.T. Crisler, and John G. Williams jurors.

In the inquest over the body of Smith the negro, Eph. Dixon testified in substance that having been summoned by Sheriff Brady to assist in arresting Chas. Smith, he and several persons found Smith secreted in N.P. Neal's privy. "When the door was broken down, Smith fired a pistol I think at my brother Joe Dixon. then several guns were fired by parties unknown to me. The firing at this time was the cause of the death of said Smith."

Joe Dixon corroborated the above statement, except that he did not know that Smith fired his pistol, though he (Smith) had one in his hand. He was asked to surrender by witness, which he refused to do.

The same jury found that Chas. Smith came to his death from the effects of gunshot wounds at the hands of parties unknown, and while resisting arrest by parties summoned by the sheriff to arrest the deceased, etc.

The remains of Mr. Spalding were conveyed to the cemetery at three o'clock on Tuesday evening, preceded by a procession of Odd Fellows from the Waxahachie and Ennis lodges, and followed by a long retinue of sorrowing citizens. Business houses were closed out of respect to his memory. The deceased came to Waxahachie before the war, and served three terms as town marshal. He had just been elected for a fourth term. He was a faithful officer, a true friend, a genial companion and a kind and loving husband and father. The sympathies of the entire community are with the bereaved family in their sad affliction.

The announcement that Mr. John Spalding had been murdered by a drunk negro produced a feeling of horror and intense excitement on our streets last Sunday night. The running to and fro of armed men, the clatter or horses' hooves upon the streets and highways, and the occasional sound of firearms and yells of the infuriated populace, presented a striking contrast to the usual quietude of a Sabbath evening in Waxahachie. Many were apprehensive that other might be killed by mistake or accident in their eagerness to arrest the murderer. Mr. Claiborn and Eph. Dixon met on the railroad east of the lumber yard and exchanged two shots each at one another by mistake, as neither when challenged would give the other his name. Claiborn's horse received two loads of shot in his body, but fortunately neither of the men were hurt. The heavy firing about nine o'clock was simply to announce to pursuers that the black murderer had been captured.

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Galveston Daily News 19 Dec 1882

Added by mlspalding on 30 Jul 2008

Waxahachie

A Murderer Killed -- Details of the Fight

[Special Telegram to The News]

Waxahachie, December 18 -- The town of Waxahachie was plunged into a boiling state of excitement about 7 o'clock last evening. City Marshal J. H. Spaulding [sic], while attempting to arrest Chas. Smith, a drunken and disorderly negro, was shot and instantly killed by Smith. The pistol used was a 45-caliber bull-dog. The ball struck Mr. Spaulding just above the left eye. T.K. Allen, deputy marshal, first attempted the arrest. The negro resisted first, then ran, and Allen fired at him several times, and the negro returned the fire. Marshal Spaulding, attracted by the firing, joined in the pursuit, and fired on Smith several times, overtook him, dismounted, and in attempting to make the arrest was killed.

The news of the murder spread with lightning rapidity and in a few minutes the town was thronged with armed men and the clatter of horses hoofs resounded on every avenue leading from town, all in pursuit of the murderer. Many went on foot in search, scouring every nook and corner where it was thought he would hide. A guard was placed to watch his house. About an hour after the killing the negro approached his house; the guard ordered him to throw up his hands and surrender; the response was two shots fired at the guard, attended with curses and an order to get out of his way; the guard returned the fire and ran behind the house. The negro ran about 150 yards into a yard and concealed himself in a privy, which was soon surrounded. Charlie Woodward, another negro, forced open the door and the murderer sprang to the door with a pistol in his hand and attempted to shoot, but the posse was too quick for the fiend and the next moment he fell, riddled with bullets. An inquest was held this morning uon his body, the jury finding that he came to his death while resisting arrest from gunshot wounds at the hands of unknown parties who had been summonded by the sheriff to effect his arrest. A feeling of deep sorrow is thrown over the hearts of every citizen of our city, and though Mr. Spaulding has made his last round and died on duty in the protection of the peace and happiness of our little city, his memory will ever be cherished and kept green in the hearts of Waxhachie's citizens.


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Tribute to J. H. Spalding

Added by mlspalding on 22 Aug 2008

The Waxahachie Enterprise

Friday, December 22, 1882, Waxahachie, Texas


Tribute to J. H. Spalding

The citizens of Waxahachie met at the courthouse on Tuesday evening, Dec. 19th and unanimously adopted the following resolutions:

We, the committee delegated to draft suitable resolutions expressive of the feelings of this town and community on the death of one of our most worthy citizens and marshal, J. H. Spalding, beg leave to submit the following:

Whereas, Our exemplary fellow citizen and most efficient marshal was stricken down by the fatal bullet while in the discharge of his official duty, and in his death the town loses a faithful and good officer, and the community has sustained a great loass, and his family a still heavier loss in his death.

Resolved, That it is a just and appropriate tribute to his memory to say that in his departure from our midst he was in every way worthy of that respect which we have bestowed upon him.

Resolved, That the family and relatives of the deceased have our deepest condolence in this their hour of sore affliction, and we commend them to that Being who doeth all things for the best.

Resolved, That we, as citizens assembled, will ever fondly cherish the memory of our departed citizen and friend and his many virtues will ever shine with resplendent beauty in our hearts.

J.D. Templeton,

J.H. Husbands,

W.N. Griffith

On motion it was ordered that the above resolution be handed to our city papers with a request to publish the same, and that a copy be furnished the famliy of our deceased fellow citizen.

C.R. Gibson, President

R.G. Phillips, Secretary

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Who Did It?

Added by mlspalding on 22 Aug 2008

Waxahachie Enterprise, Friday, December 22, 1822

Who did it?

John Spalding has been murdered while in the discharge of his duty. His murderer has been slain while resisting arrest. The murderer was drunk. Mr. Spalding's wife has been in one moment made a widow and his children have been robbed of a father. The blood of two men has stained the soil of Waxahachie. Who did it? Some one answers that the negro Chas. Smith did it. Of course he did, but who helped him? It was Chas Smith drunk, and not Chas Smith sober. I am not disposed to defend him. His crime was black and damning, and he met his just reward. He shed man's blood and it was right that by man his blood should be shed. He resisted (text missing) blame rests on him. The question is, "is there any blame anywhere else?" The sad event occurred on Sunday. The law of the land forbids the sale of intoxicants on that day. Somebody in Waxahachie sold whisky to Chas. Smith on Sunday that caused him to do the terrible deed. If that man had been a law-abiding citizen, John Spalding would have been alive. Is anybody guilty besides the negro? Whisky emboldened the negro until he was willing to do the terrible deed. We hear many say that whisky did it. Yes, whisky did it; but somebody brought the whisky here, somebody offered the whisky for sale, somebody arranged a room as invitingly as could be to attract the crowd, somebody does everything he can do to lure the people into the whirlpool of sin. Somebody has set the temptation before the poor, weak creatures who are not strong enough to resist. Somebody poured the demon down the throat that made the negro do thehellish act. Is there any responsibility anywhere? Who is it? I imagine I hear some one answer, "the whisky seller." Yes, the whisky seller is responsible; but who encouraged him? Good citizens pander to the business; they patronize it, they visit the dens of infamy and thus lend them an air of respectability. Men have been and are now engaged in the traffic in Waxahachie who are ashamed of it. One who recently died in another town and who had sold whisky here, would not permit the business to be in his name for fear that the dear ones at home would know it. He was ashamed of it. I have seen christian men come out of his saloon. He would not have engaged in the traffic if good citizens nad not made it respectable. The good people of Waxahachie have, by their presence, encouraged the man who prepared Chas. Smith for his crime. the good people of Waxahchie have failed to cry aloud against the business. They have closed their eyes and ears to its terrible consequences. They in common with the other citizens of Texas have said to the (text missing) your seeds of destruction, you can lure our boys into the depths of sin, you can conduct a business that will make widows of our wives, orphans of our little ones and sots of our sons if you will pay us for it. The good people, respectable people, church-going people, christian people are responsible.

Let us lift the mantle and what do we see? A widow's weeds, a broken heart, anguish, misery, wretchedness. Little children are calling "papa" to come back. Heart-rending wails of the widow bring strong men to tears. A family broken up; brothers and sisters seeking for comfort; the blood of John Spalding speaking silent words of sorrow to weeping ones. Does the scene tell us anything? Is there any power in it to break the iron doors that shut out sympatny from the heart of the one who violated the law? Is there force enough in it to tear away the screen from the door of the saloon and reveal the corruption that lies in the whisky cup? Is there eloquence enough in theappeal to reach the good citizens and call them with their influence away from these places? Is there argument enough in broken hearts to convince public opinion that we have no right to license that which scatters sorrow, agony, and death all over the land.

Some oone may say that I am a fanatic; that my language is too strong. Were those men fanatics who hunted the murderer to his death? If they were then I am a fanatic too. I value my own life. I prize my own wife and little ones. Whisky has caused the death of one innocent man in Waxahachie, and we know not who may be next. In the name of the widow and orphan, in the name of religion and morality, in the name of our boys, our wives, and our daughters, in the name of true respectability, and in the name of the great God of Heaven who will put the blame where it belongs, I ask the voters of the state of Texas to rise in their manhood and say to the nefarious business, "you must die."

C. McPherson

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Path of the 1882 shoot out (circa 2008)

Added by mlspalding on 22 Aug 2008

This was compied by a Dr. Tuddle of Ellis County and provided to the Shannon Simpson of the Ellis County Museum


He writes:

Don't know if you have had a chance to read the account of the shootout. In the Ellis County History Blue Books and the library there is an article from a paper that tells of Mill Road being renamed Oldham Street. So they helped me get my bearings. I think I am able to follow the incident fairly well. Chas Smith shoots Marshal Spalding at the bridge between Jackson and Kaufman Street. The road that led to the bridge where Marshal Spalding is killed I believe is now called Smokey Lane. After the killing it just says that Chas ran down the road and next he is running past the black Baptist Church which I believe is still there on Main Street (maybe not the original building, though). So don't know if he stayed on the roads or cut through yards. I'm assuming it is the same location of the black Baptist Church. So he ended up on Main Street. From there it's kind of guessing. He went into a creek and came up to his home that must have been near the peach orchard. There is an orchard on the 1886 map.

So this is my guess of the modern day basic path of the shoot out.

1) The Square

2) North College Street - Bridge (Rogers Branch)

3) North College Street -- crosses railroad

4) Between N. College and Jackson Street near the Railroad (C.A. Wilson area/Cotton platforms)

5) Crosses Jackson to Smokey Lane (toward lumber yard)

6) Crosses Oldham's branch/ near Oil Company (bridge southeast of Farley's Warehouse where J.H. Spalding is killed)

7) Crosses Kaufman to McCuen Street

8) Kept left on McCuen Street

9) Right on Wyatt Street

10) To Main Street, take a left, goes past black Baptist Church

11) Behind Baptist Church goes to where Rogers Branch (creek) and Spring Branch (creek) meet

12) Chas Smith sneaks up to his house off Spring Branch Creek and East Jefferson St. off Will Street

13) Chas Smith runs to the property adjacent to Ben Street and E. Jefferson St. where peach orchard was

14) Chas Smith killed in privy in area between Will Street and Ben Street

Just some guessing but seems to be the direction. Still haven't figured out why it was daylight at 6:30 to 7 P.M. in December. Also it says by the time Chas got to his house, Charlie Hull was waiting in the shade of a house. And even when they find Chas in the orchard, he was in the shade of a peach tree. I know they didn't have daylight savings time then. Which I'm thinking that it got dark at 6:00 now that would be 7:00 P.M. then. I think. So maybe it was light for most of the chase. Dusk. Confusing.

(thing I noticed on the map is that it appears Parks Avenue was the Ft. Worth and New Orleans RR)

If you ever find a picture of E.A. DuBose's store, send it to me.

BB

view all

John Spalding's Timeline

1835
April 29, 1835
Ralls Co., MO
1858
1858
Age 22
Paris, MO.
1868
December 30, 1868
Age 33
Waxahachie, Ellis, Texas, United States
1871
February 8, 1871
Age 35
Waxahachie, Ellis Co., Texas
1872
July 16, 1872
Age 37
Waxahachie, Ellis, Texas, United States
1877
June 30, 1877
Age 42
Waxahachie, Ellis, Texas, United States
1882
December 17, 1882
Age 47
Waxahachie, Ellis, Texas, United States

From the Waxahachie Enterprise newspaper dated Friday, Dec. 22, 1882

Fatal Tragedy

Mr. J. H. Spalding, Town Marshal, Murdered by a Drunken Negro -- The Black Villain Resists Arrest and Meets a Well Merited Punishment.

The bloody tragedy of last Sunday evening which culminated in the instant death of Mr. John H. Spalding, town marshal of Waxahachie, and in the subsequent killing of Chas. Smith, his murderer, created a feeling of intense excitement on the streets of Waxahachie on the night of the fearful deed and has cast a pall of sadness over the entire community. the origin and particulars of the deplorable event as far as we can gather them from observation and the statement of others, are as follows:

Chas. Smith, a negro about 35 years of age, who has been employed for some time at the drug store of E.A. DuBose, and was accustomed to do other small jobs around town, got into a difficulty with another negro, on or near the square, Sunday evening, while in a state of intoxication. Deputy Marshal L.K. Allen stepped up and ordered Smith ot surrender, but he broke away and ran along College Street toward the railroad, closely followed by Allen who fired one shot near the bridge to frighten the negro and cause him to halt; after crossin gthe railroad Smith turned to the right, running between the two cotton platforms and took refuge behind the east end of the morth platform. Here he began to cure Allen and tell him to shoot, at the same time firing about three shots at him and Jim Lewis, approaching them all the time; Allen also fired several shots. Jim was unarmed, and Allen's pistol now being empty, they both retreated behind the cotton on the railroad platform. While Smith was shooting at Allen, Mr. J. H. Spalding, the town marshal, mounted on Jim Lewis' pony, got a little beyond where Smith stood and fired at him four or five times. The negro then ran on toward the lumber yard, followed by Spalding who overtook him at the bridge just southeast of Farley's cotton yard, and dismounting, reached out for Smith, calling upon him to surrender. The negro threw his pistol into the marshal's face and fired, the ball penetrating his forehead just above the left eye and lodging on the inside of his head. He collaped and instantly expired. The black demon, furious with anger and intoxication, and gloating over his bloody deed then yelled out, "Did you see that? I'll shoot any G--d---- man that shoots at me!" and turning away he ran on up the road toward Freedman town, biddlng defiance to his pursuers, Allen and Jim Lewis, both of whom were without the means of resistance. He passed on by the colored Baptist church and remarked to some one that he was shot in the hip. Bu this time a considerable number had joined in the pursuit. He was tracked on down to the creek. It is thought that he stopped in the creek to reload his pistol. He was next seen creeping up through the weeds to is own house in the south portion of Freedman town. Charley Hull who was watching for him in the shade of a cabin near by, called out, "Who's there?" Smith replied with imprecations and raised his pistol to shoot. Each fired two shots, when the negro ordered Hull to get behind the house, Hull did and Smith turned and crossed into the orchard on the H.G. Martin place now occupied by Mr. Ingram's family. Here he lay down in the shadow of a peach tree. His pursuers now numbering a hundred or more, were scattered around in different directions and several were searching the stable for him. Finally he was discovered, and as a last resort he ran into the privy on the Martin place and shut the door. Joe and Eph Dixon, Shan Partain, J.B. Wilson and others took their station in front and ordered the desperate villain to come out and surrender. He still refused until Charlie Woodard, (colored), throew his whole weight against the door and broke it open. Smith then being called upon to throw up his hands and surrender, according to the testimony of witnesses, fired one shot and throwing up one hand reached down with the other for a pistol, there being two pistols as well as cartridges found on his person. But his doom was sealed. An innocent man and faithful officer had been hurled without cause into eternity; another had barely escaped while attempting to arrest the blood thirsty fiend, and neither law, justice, nor the instincts of humanity demanded that honest men should stand waiting to give the black devil a third chance to shed innocent blood. The only alternative was then and there to mete out to him the just reward of his heinous and dastardly crime. Almost simultaneously the contents of three or four shot guns pierced his foul carcass, and in fifteen or twenty minutes the hand that shed the blood of J. H. Spalding was itself still in death. One load of buck shot passed through his neck and another through the right side of his chin. Wounds were also found on his hip, his arms, and right side.

Justice J. E. Lancaster being sick, no inquest was held over the bodies of the deceased until Monday morning, when C.J. Harris, Esq., who had been sent for, appeared and took testimony as follows:

L.K. Allen being sworn said: On Sunday evening about half-past 6 o'clock, I, as deputy marshal, attempted to arrest one Chas. Smith, in front of Moses Levy's meat market, in Waxahachie. He resisted and ran, I fired my pistol to halt him. He continued to run, and following, he fired his pistol at me two or three times, when I fired at him again; about this time Mr. Spalding, the marshal, came up, I fired at Smith again -- the last load in my pistol. Mr. Spalding commenced firing at Smith, and Smith at Spalding, and I went for another pistol; returning I found Spalding lying dead on the bridge near the railroad, between Jackson and Kaufman streets. I am satisfied that Smith shot Spalding.

Jim Lewis testifed substantially as above, and said that he saw Chas.Smith fire a pistol at Marshal Spalding, the shot taking effect, hitting Spalding in the forehead.

The jury found that J.H. Spalding came to his death from the effects of a pistol shot fired by one Chas. Smith, etc. W.N. Griffith, J.T. Brown, S.H. Oerstreet, P.T. Crisler, and John G. Williams jurors.

In the inquest over the body of Smith the negro, Eph. Dixon testified in substance that having been summoned by Sheriff Braly to assist in arresting Chas. Smith, he and several persons found SMith secreted in N.P. Neal's privy. "When the door was broken down, Smith fired a pistol I think at my borhter Joe Dixon. then several guns were fired by parties unknown to me. The firing at this time was the cause of the death of said Smith."

Joe Dixon corroborated the above statement, except that he did not know that Smith fired his pistol, though he (Smith) had one in his hand. He was asked to surrender by witness, which he refused to do.

The same jury found that Chas. Smith came to his death from the effects of gunshot wounds at the hands of parties unknown, and while resisting arrest by parties summoned by the sheriff to arrest the deceased, etc.

The remains of Mr. Spalding were conveyed to the cemetery at three o'clock on Tuesday evening, preceded by a procession of Odd Fellows from the Waxahachie and Ennis lodges, and follwoed by a long retinue of sorrowing citizens. Business houses were closed out of respect to his memory. The decased came to Waxahchie before the war, and served three terms as town marshal. He had just been elected for a fourth term. He was a faithful officer, a true friend, a genial companion and a kind and loving husband and father. The sympathies of the entire community are with the bereaved family in their sad affliction.

The announcement that Mr. John Spalding had been murdered by a drunk negro produced a feeling of horror and intense excitement on our streets last Sunday night. The running to and fro of armed men, the clatter or horses' hooves upon the streets and highways, and the occasional sound of firearms and yells of the infuriated populace, presented a striking contrast to the usual quietude of a Sabbbath evening in Waxahachie. Many were apprehensive that other might be killed by mistake or accident in their eagerness to arrest the murderer. Mr. Claiborn and Eph. Dixon met on the railroad east of the lumber yard and exchanged two shots each at one another by mistake, as neither when challenged would give the other his name. Claiborn's horse received two loads of shot in his body, but fortunately neiter of the men were hurt. The heavy firing about nine o'clock was simply to announce to pursuers that the black murderer had been captured.

December, 1882
Age 47
Waxahachie, Ellis, Texas, United States