Priscilla, I do not have anything on Henry Wagner, however, I am interested on any information that you may have (or other articles that you may have written) with information regarding the County Sherrif Edward West. I have the genealogical line of Edward West going through to my daughter and back to his fathers origins. My main interest is finding out any other information about him and his family in Red River County . . . I am researching the following in Red River County, West (Edward), Van Dyke (Lambert), Smith (William), and Jones. Bridget Stiverson PRISCILLA MERRIMAN wrote: >Does anybody know anything about Henry Wagner? He was a settler in RR County in the 1840s, maybe earlier. I ask because of a court case filed in 1844. I wrote a column on the case for the Paris newspaper, and rewrote it a little as below: > > On Christmas Day 1843, somebody beat the tar out of Henry Wagner. > > Not satisfied with doing bodily harm to the Red River County resident, the assailants then threw Wagner out of Texas, presumably casting him onto the north shore of the Red River. > > Those days, toward the end of the Republic, Texas was becoming a bit more civilized, so Wagner didn't take pistolero justice. > > Instead, Wagner did what many modern Texans do under less painful circumstances -- He sued. > > On Feb. 23, 1844, apparently recovered from his injuries and having returned to the Republic, Wagner filed suit for damages in Seventh District Court. > > In Wagner vs. Becknell and Guest, Wagner's attorneys, Martin and White, allege that "on the twenty-fifth day of December eighteen hundred and forty-three defendants did with force of arms commit trespass upon the person of your petitioner by beating wounding and otherwise misusing him and did then and there with force of arms to wit sticks and staves and fists beat bruise wound and greatly mistreat and abuse said petitioner and afterwards to wit on the day and year last aforesaid the said defendants did falsely imprison tie and confine and carry beyond the limits of this Republic your said petitioner with other wrongs to him then and there done whereby your petitioner was greatly injured and hindered in his business contrary to the laws of said Republic." > > So, according to the civil suit, William Becknell and William Guest beat and otherwise set upon Wagner, using sticks, staves and fists. > > Wagner considered his injuries serious, "to the damages of your petitioner five thousand dollars." That sum was a great deal of money in 1844. > > The men Wagner sued, though, were two of the most influential people in Red River County. Becknell was so well known, the State of Texas in 1936 put up a monument in his name. The monument is a few miles west of Clarksville and south of U.S. Highway 82, at the edge of a clump of trees, where Becknell is buried. > > Becknell was an adventurer, before the word took on negative connotations. An explorer of the West 15 years before Texas became a republic, Becknell made the Sante Fe Trail. Becknell was in the Rocky Mountains in 1821, when Mexico became independent from Spain and developed a tolerable attitude toward American traders. Hearing of the changed trade possibilities, Becknell took a pack train to Sante Fe, returning with a substantial profit. That trip was the first commercially successful undertaking from the United States to Sante Fe. The next year, Becknell loaded wagons with commercial goods and headed southwest from Independence, Missouri. Traveling 800 miles, Becknell proved the profitability of relations between the United States of America and the United States of Mexico. Later moving to Texas, Becknell raised a group of mounted infantry in the short war of independence. > > Guest, the other party in Williams' damage suit, was not as famous as Becknell, but was of some local reputation and later was elected county sheriff. > > Wagner might have been better off had he been beaten up by lesser known men. > > With the suit filed by Wagner's attorneys, District Clerk W.H. Vining followed proper procedure and on Feb. 26, 1844, issued summonses to be served on Becknell and Guest. > > County Sheriff Edward West received the summonses the same day, but for some reason was unable to find Becknell and Guest. Written on the back of the summonses is: "Traveled twice to Becknell and Guest residence neither found." Some might think it strange that Becknell and Guest, as well known as they were, knew nothing of Wagner's suit, nor did Sheriff West know of the whereabouts of the accused. > > The case came up for trial on March 19, 1844, but District Judge John T. Mills, ruling the accused had not received notification, ordered a continuance until the fall session. > > Sometime between March and September, District Clerk Vining received a note concerning the suit. > > "Capt. Vining," the note begins. "Sir this is to inform you that I stand no longer as security for Mr. Wagner for the (unreadable) of a suit he entered against Becknell and others. Respectfully yours H.G. Faucett." > > In the end, Wagner did not get any damage money, let alone the $5,000 he wanted. > > On Sept. 28, 1844, Judge Mills ruled: "Upon agreement it is ordered by the court that the case be dismissed." > > Wagner paid court costs. > > > > > > >==== TXREDRIV Mailing List ==== > > > >============================== >New! Family Tree Maker 2005. Build your tree and search for your ancestors at the same time. Share your tree with family and friends. Learn more: http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&targetid=5429 > > > >

FROM: Bob Merriman Bridget I really don't know anything about Edward West, except that he was sheriff for a number of years. It is always interesting to read the back of the summonses, with information writen sometimes in pencil, sometimes in ink, reading "On (date) delivered to (person)," then so many miles traveled and the amount due the sheriff. I assume the sheriff and/or deputies made a circuit before each court session, probably by horseback, since roads were limited. In a county as large as Red River, it would have taken the sheriff some days to deliver all the summonses. ----- Original Message ----- From: "stiverson" <[email protected]> To: <[email protected]> Sent: Saturday, September 17, 2005 12:56 PM Subject: Re: [TXREDRIV] Henry Wagner > Priscilla, > > I do not have anything on Henry Wagner, however, I am interested on any > information that you may have (or other articles that you may have > written) with information regarding the County Sherrif Edward West. I > have the genealogical line of Edward West going through to my daughter > and back to his fathers origins. My main interest is finding out any > other information about him and his family in Red River County . . . I > am researching the following in Red River County, West (Edward), Van > Dyke (Lambert), Smith (William), and Jones. > > Bridget Stiverson > > PRISCILLA MERRIMAN wrote: > > >Does anybody know anything about Henry Wagner? He was a settler in RR County in the 1840s, maybe earlier. I ask because of a court case filed in 1844. I wrote a column on the case for the Paris newspaper, and rewrote it a little as below: > > > > On Christmas Day 1843, somebody beat the tar out of Henry Wagner. > > > > Not satisfied with doing bodily harm to the Red River County resident, the assailants then threw Wagner out of Texas, presumably casting him onto the north shore of the Red River. > > > > Those days, toward the end of the Republic, Texas was becoming a bit more civilized, so Wagner didn't take pistolero justice. > > > > Instead, Wagner did what many modern Texans do under less painful circumstances -- He sued. > > > > On Feb. 23, 1844, apparently recovered from his injuries and having returned to the Republic, Wagner filed suit for damages in Seventh District Court. > > > > In Wagner vs. Becknell and Guest, Wagner's attorneys, Martin and White, allege that "on the twenty-fifth day of December eighteen hundred and forty-three defendants did with force of arms commit trespass upon the person of your petitioner by beating wounding and otherwise misusing him and did then and there with force of arms to wit sticks and staves and fists beat bruise wound and greatly mistreat and abuse said petitioner and afterwards to wit on the day and year last aforesaid the said defendants did falsely imprison tie and confine and carry beyond the limits of this Republic your said petitioner with other wrongs to him then and there done whereby your petitioner was greatly injured and hindered in his business contrary to the laws of said Republic." > > > > So, according to the civil suit, William Becknell and William Guest beat and otherwise set upon Wagner, using sticks, staves and fists. > > > > Wagner considered his injuries serious, "to the damages of your petitioner five thousand dollars." That sum was a great deal of money in 1844. > > > > The men Wagner sued, though, were two of the most influential people in Red River County. Becknell was so well known, the State of Texas in 1936 put up a monument in his name. The monument is a few miles west of Clarksville and south of U.S. Highway 82, at the edge of a clump of trees, where Becknell is buried. > > > > Becknell was an adventurer, before the word took on negative connotations. An explorer of the West 15 years before Texas became a republic, Becknell made the Sante Fe Trail. Becknell was in the Rocky Mountains in 1821, when Mexico became independent from Spain and developed a tolerable attitude toward American traders. Hearing of the changed trade possibilities, Becknell took a pack train to Sante Fe, returning with a substantial profit. That trip was the first commercially successful undertaking from the United States to Sante Fe. The next year, Becknell loaded wagons with commercial goods and headed southwest from Independence, Missouri. Traveling 800 miles, Becknell proved the profitability of relations between the United States of America and the United States of Mexico. Later moving to Texas, Becknell raised a group of mounted infantry in the short war of independence. > > > > Guest, the other party in Williams' damage suit, was not as famous as Becknell, but was of some local reputation and later was elected county sheriff. > > > > Wagner might have been better off had he been beaten up by lesser known men. > > > > With the suit filed by Wagner's attorneys, District Clerk W.H. Vining followed proper procedure and on Feb. 26, 1844, issued summonses to be served on Becknell and Guest. > > > > County Sheriff Edward West received the summonses the same day, but for some reason was unable to find Becknell and Guest. Written on the back of the summonses is: "Traveled twice to Becknell and Guest residence neither found." Some might think it strange that Becknell and Guest, as well known as they were, knew nothing of Wagner's suit, nor did Sheriff West know of the whereabouts of the accused. > > > > The case came up for trial on March 19, 1844, but District Judge John T. Mills, ruling the accused had not received notification, ordered a continuance until the fall session. > > > > Sometime between March and September, District Clerk Vining received a note concerning the suit. > > > > "Capt. Vining," the note begins. "Sir this is to inform you that I stand no longer as security for Mr. Wagner for the (unreadable) of a suit he entered against Becknell and others. Respectfully yours H.G. Faucett." > > > > In the end, Wagner did not get any damage money, let alone the $5,000 he wanted. > > > > On Sept. 28, 1844, Judge Mills ruled: "Upon agreement it is ordered by the court that the case be dismissed." > > > > Wagner paid court costs. > > > > > > > > > > > > > >==== TXREDRIV Mailing List ==== > > > > > > > >============================== > >New! Family Tree Maker 2005. Build your tree and search for your ancestors at the same time. Share your tree with family and friends. Learn more: http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&targetid=5429 > > > > > > > > > > > > ==== TXREDRIV Mailing List ==== > > > > ============================== > Jumpstart your genealogy with OneWorldTree. Search not only for > ancestors, but entire generations. Learn more: > http://www.ancestry.com/s13972/rd.ashx > >