Waxahachie City Marshal John Henry Spalding deserves a Historical Marker

Yesterday driving down 342 I saw a large gathering of Lancaster police vehicles at 342 and old red oak road. I thought something had gone terribly wrong until I noticed cameras and smiling police officers. It appears the tragedy happened years ago to one of their own. City Marshal P.M. Solomon was struck down by an interurban train he was trying to flag down. There was a station called valley view at this spot on Nov 2, 1912. The City Marshal had got on the south bound train because the driver had alerted him to a drunk on the train. After they got the drunk into custody Marshall tried to flag down the north bound train back to Lancaster but was struck and killed.

 Makes me think that John Henry Spalding deserves a monument to where his death occurred in Waxahahcie, Tx. I believe the location of his murder is on Smokey Lane where Oldham's branch intersects. He was killed by the intoxicated Chas Smith while the Marshall was trying to apprehend him during a shootout. J H Spalding was an original pioneer of Waxahachie and served six years a s City Marshal until his death on December 17, 1882. Director Robert Benton is the Great Grandfather. Benton based the movie Places In The Heart loosely on the shooting death of his Great Grandfather. Dallas County Sheriff Assistant Deputy (Ret.) Terry Baker has researched and brought back respect to many forgotten fallen officers. Guys like him could probably get an historical marker put up for Marshal Spalding. Sheriff Baker actually has left his research in the Sims Library resources department.

Johnson County Takes A Slice of Ellis County

A while back I was thumbing through the Ellis County Genealogical Society's Searchers and Researcher's fall 1996 issue. Found a guy named, Dan Barker, who was researching post offices in Ellis County. He had found that a number of post offices established in 1860 located in Ellis County's far western region had disappeared. He knew something was wrong. He remembered reading a small reference to border changes in Ellis County in one of the history books. He had not given it much attention until now. His research found that a border community Auburn (later called Antioch) had changed from Ellis County to Johnson County. I know that the Auburn cemetery is in Ellis County but I think it had moved some and then changed names. It was basically just a group of houses at one time. I found a Federal Census map of Texas where you can tell the Ellis County and Johnson County border change somewhere from the 1870 map to the 1880 map. It's hard to say when people actually started figuring out when they had changed to a different county. Probably when they paid taxes, vote or had to go to court. Mr Barker did say that if you were looking for people in these communities in the 1870 census they would be in Ellis County in the 1880 census they would be in Johnson County.----------------------------------------------------------------------------------- I believe the legislative act to give Johnson County the triangular slice of prime Ellis County farmland was proposed in 1869 under the Reconstruction government. It was a section of Ellis County's western border 19 1/2 miles long north and south and 11 1/4 miles east and west. About a 100 square miles of good Ellis County soil. Now how could this be?!! And why did Ellis County put up with it? Hans Smith and his son's had gathered the 100 signatures needed to form Ellis County out of Navarro County(Which everybody knew Navarro would be divided up because it was way too large of an area in 1849 to have a government represent it's people. Just like Robertson and Milam were divided up.) Representative General E. H. Tarrant(The Indian fighter for whom Tarrant County is named) introduced the act to create Ellis County and the legislative act to create Ellis County was signed by Governor Peter Hansborough Bell on December 20, 1849.------------------------------------------------------------------------------------------------------------------------------------------------------------------I think that the Reconstruction government, like the controversial Governor Edmund J Davis, pretty much did what they wanted to do. The story goes that Johnson County was whining about being forced to give up half of its land to Hood County. In 1866 by act of 11th legislation of Texas, Hood county was formed comprising of 623 sq miles of Johnson County land. Pretty much half of Johnson County. But at least it did form another county. Later in 1875 Somervell County was cut out of Hood. Johnson County complaining they lost so much of their land they proposed to take the western section of Ellis County.  Governor Edmund J. Davis approved the act on March 25, 1871. This was a purely unnecessary land grab. It wasn't to form another county it was to appease somebody in Johnson County. So, many towns changed their county during this time from Ellis County to Johnson County. Here is a list of some. Antioch( Auburn), Barnesville,Bradley,Cahill, Caleb, Cope Cemetery, Crill Miller, Cotton Valley, Cross Timbers,Gossip, Griffith Switch, Heugh, Hines, Lillian, Myers settlement, Pleasant Point, and Truelove. -------------------------------------------------------------------------------It didn't end here. Well into the  1880's the boundary between Johnson and Ellis came in to dispute again. Apparently, when a border between counties is surveyed a surveyor representing each county must be employed to work together. Through the General Land Office I got information that on 5/29/1882 it was noted by the Johnson County surveyor that the Ellis County surveyor did not show up. The notes of the Johnson County surveyor gave my General Land Office source the impression the boundary was still in dispute. It is said that in 1887 the Johnson-Ellis County line dispute got heated and not until 52 years later in September of 1939 did it peacefully get marked and recorded into the State Land Office. Apparently three other lines had been made but were not the proper ones. The Surveyors had to go by the instructions of the act of 1869. The lines were marked with 10 foot Corner markers that were placed six and a half feet deep into the ground with the county's names on the side(I wonder if they are still around?) and then adjoining markers were set in the 19 mile line. They were five foot concrete posts set three feet deep in the ground. Bois d' arc post were placed in the ground every mile. County officials had to figure out back taxes to areas that had been paying the wrong county. What a mess! ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Today, it is interesting to think about this triangle slice of land. It was upsetting for Ellis County to unfairly loose the prime farm land. But how upset do you think old citizens of Ellis County would be if they would have known that in the 21st century the Barnett shale would be the boom of our times and this piece of disputed land is a core section of it. Midlothian sits right on the Ouachita Overthrust  west of it where the land drops is the flat land that was taken from Ellis County and is part of the Ft Worth Basin. This land is full of the Barnett Shale which is full of natural gas which makes people's pockets full of money. Border War? Glad it was finally settled before they knew that it was there. I believe wildcatters found the gas in the 1950's but didn't have the technology to get it. I got a few maps to show the border change, the section stolen form Ellis County, gas wells (pooling) and one that shows the Barnett shale.

  ----------------1850 federal census map-----------------------

-------------------------1880 federal census map-------------------------------

                                                           My outline of the stolen section

                                                        Gas wells in the stolen section..

                                              ----Barnett Shale locations---------

Capt R. D. ApRice

Read about an interesting Character, CAPT. R.D. ApRice, in the History of Telico, Tx book. A nice lady who was project director of the book let me borrow it. I was hoping to purchase a copy but don't know if there are more available.

Telico was known as Trinity City before the civil War. It was generally in the same area. Trinity city was formed in 1849 (technically in Navarro County but not for long. December 29,1849 it would be in Ellis County)with 118 blocks laid out. The Telico Manufacturing company was formed here with assests of $200,000. They manufactured wool, cotton, and lumber. Trade was back and forth with Galveston. The Trinity River was not known for being the best navigable river. Light draft steamboats would be the most common water craft for business. The largest was the "Welshman" and owned by Captain R.D. ApRice whos was originally from Wales. It was a double-decker steamboat. The Welshman was known to travel as far up as Dallas. Captain ApRice saw the Trinity as a practical transportation route for people and commerce. He surveyed the Trinity all the way to Trinity City where he made a port. When Dallas grew he made Dallas his last stop to trade with the Gulf. Then the Civil War came and ended the business with all the blockades. The Captain moved to Italy, Tx. He was involved with supplying ammunitions for the Confederates from Ellis County. ApRice also became a Justice of the Peace. He had the contract for the third Ellis County Courthouse in 1870 under the Reconstruction's Police Court. They needed offices badly during the Reconstruction. The Stone for the Courthouse was to be local and ApRice found a quarry at S.A. Clifton's place two miles east of Waxahachie, Tx. It was a hard native yellow limestone and ApRice was to be responsible for quarrying the limestone and building the foundation. If you go to the basement of the current Courthouse you can still see the third courthouse foundation. John Solon was given the duty of cutting the stones. ApRice is said to be buried north west of Italy about 4 miles. He also had the abilities of a mechanic and had written poetry.

Places In The Heart -The Real Story

Even if they didn't see the movie, folks who lived in Ellis County in the early 1980's probably remember hearing about a movie being made by a Waxahachie's own, director Robert Benton. The town of Rockett was all a buzz when such actors like Sally Fields ( won the Oscar for her performance), Danny Glover, John Malkovich(nominated for Oscar), and Ed Harris were filming down FM 813 at the old Gibbon place. It all came to being by the inspiration of Waxahachie History involving Robert Benton's great grandparents.

Robert Douglas Benton was born September 2, 1932 in Waxahachie, Texas. Mr. Benton's mother, Dorothy (Spalding) Benton, has deep family history in Ellis County. Dorothy's great grandfather William W. Parks was District Clerk of Ellis County circa 1861 and became captain of the first company of confederate soldiers to go fight. Captain William Woodruff Parks died near Little Rock Arkansas December, 1862. It is Dorothy's grandfather, J. H. Spalding, for whom Royce Spalding is based. Places In The Heart was written and directed by Mr. Benton. It is also is a shadow of his ancestry. The story Mr Benton created takes place in the 30's while his great grandfather's real story took place in the 1880's. There was no intention of hiding the connection.
The 1880 Federal Census has John H. Spalding living in Waxahachie, Texas at age 44. He is head of household, and his occupation is City Marshal. John is shown to have been born in Missouri. John's parents are recorded to be both from Kentucky. John's wife is named Laura at age 31 and is listed as a homemaker born in Tennesse as was her parents. Their son Willis is age 10, son Clint is age 9, daughter Kate is age 7 and son Frank is age 2. All children born in Texas. Also, there is a visitor named Barbay Hammond age 60 from Alabama in their home at the time of the census. Little did the family know that two years later their life would be turned upside down on a December evening. In a Ellis County History book a section about Waxahachie written by Judge A. R. Stout and Edna D. Hawkins states that the founding families of Waxahachie were "E.W. Rogers, J.D. Templeton, W.H. Getzendaner,B.F. Hawkins, Nicholas Oldham, N. B. Langsford, J. B. Meredith, C. D. Puckett, Levin Dixon, R. A. Davis, N. P. Sims, J. P. Kennedy, Peyton Nowlin, M. T. Patrick, Silas H. Kilough, and J. H. SPALDING"

It was a Sunday December 17, 1882 in Waxahachie, Texas when an intoxicated Chas Smith would resist the arrest of a deputy marshall L. K. Allen. Chas Smith was a black man from Freedman town east of downtown Waxahchie. He worked for E. A. Dubose at his drug store. (Dubose was the six Mayor of Waxahachie serving from 1882 to 1888)Chas also did odd jobs around town. But it was Sunday and Chas was not working but was able to acquire alcohol and was apparently a mean drunk. Chas apparently arguing with another blackman probably on the corner of main and College st. The Deputy tried to arrest Chas when he decided to make a run for it. Chas ran north up college street from downtown. The Deputy fired a warning shot as Chas crossed a bridge which would have been near where the present day college street pub sits. The intoxicated Smith believing he was being shot at returned fire from his .45 pistol. I don't think the deputy thought Chas was armed and figured he would have just stopped after firing the warning shot. Chas was taunting the deputy and firing back. A gun fight ensued and the deputy and another citizen pinned Chas in the cotton platforms that would have been on the north side of the tracks east of college street where the parking lot for C. A. Wilson is currently . The deputy ran out of bullets and now he was pinned.

Whether or not Marshall Spalding was eating his Sunday dinner when the shoot out started is unknown. It would have been 6:30 pm. John and Laura Spalding's house on the corner of Jefferson and Hawkins street was maybe half a mile from where the shoot out started. This made it very possible that the Spaldings could have heard the shootout start from their house. The eyewitness accounts say that Marshall Spalding came onto the scene on horseback and firing at Chas Smith. Chas Smith went on the run and headed east towards a lumber yard that was near the tracks. It's possible that Marshall Spalding wounded Chas Smith. The Marshall overtook Smith at a bridge north of the tracks. I think that the Marshall believed he had injured Chas Smith and that he would comply to surrender. At the same time the Marshall dismounted his horse he started to grab Chas Smith. In response Chas Smith unexpectedly slung his pistol into the temple of Marshall Spalding and fired the .45 caliber pistol. Marshall Spalding instantly perished. Chas ran into Freedman town heading towards his home. He passed the black folks baptist church which is still on main street today. Not sure if it is the same building but believe it is same location. A large group of citizens hunted Chas down and found him resting under a peach tree. Chas was flushed out and took refuge in an outhouse. Chas refused to come out and a black man named Charlie Woodard involved in the chase busted the door down. It is said that the posse ordered Chas to surrender but he pulled out two pistols. The posse responded by riddling Chas Smith's body with bullets and shotgun fire before he could even take aim. I was informed that abuse of Chas Smith's corpse did happen similar to character in the movie by dragging him through the streets. The difference in reality and the movie was that Chas Smith's body was dragged by horses not a car. The enraged posse dragged the body to Jefferson and Hawkins street to show Mrs Spalding that in their they way to show her they took care of the matter. Probably their way to send a message to the black community also. There seems to be no mention of race tension. I could imagine emotions ran high in the community and not having the town Marshall to calm things down were stressful on the community.

The town was in shock and papers around Texas and other states reported the story. The Waxahachie paper had an article that claimed who ever sold the alcohol to Chas Smith on Sunday was the one to blame. The devil had entered Chas Smith by letting his guard down with alcohol. There wasnt any race arguments used in the article. There were no signs that the community blammed Chas Smith's race. It was illegal to sale liquor on Sunday in this time period. This and other violent incidents spurred on the Waxahachie's temperance movement of the time.

In the movie John Malkovich plays a blind man they call Mr. Will who was wounded in WWI. Through email correspondence with Robert Benton's secretary, I was informed that Mr. Will is based on Mr. Benton's grandmother's brother who was blind from childhood named Uncle Bud. The name "Mr. Will" probably came from a relative W A Spalding who was known to be called Mr. Will.

Laura Spalding did not physically run the farm like Edna Spalding but she was a strong woman. She owned a farm near Maypearl that she did successfully manage. With her older sister she helped raise her three younger sisters after their Dad, Captain William Parks, died in the Civil War and her mother passed not long after. She was given recognition as a school teacher and much respected in the community. It appears she never remarried.
Some other interesting facts about Places In the Heart.. The were scenes not used in the movie. If you notice at the dance/party there are guys getting alcohol I believe from the back of a vehicle. Well, according to Director Robert Benton's through his assistant there was a draft of the movie with bootleggers that were to be based off the Director's father's two brothers. It's also said the Ellery Benton,Robert Benton's father, attended both Bonnie and Clyde's separate funerals. Wayne and Margaret's daughter, Rosalie, is said to have gotten the name Mr. Benton's wife. The Shooting of Royce Spalding in the movie takes place on the railroad tracks. In the background is the viaduct. The viaduct was officially opened for traffic by Mr Benton's great Uncle, W A Spalding Sr who was an engineer, on December 12, 1931. In the movie, the mean old Banker that turns down Sally Field for the loan (the Rogers Hotel was used as the bank)is W A Spalding Jr. At the end of the movie W A Spalding Jr and his wife are in the church. W A Spalding's wife is in many of the dance scenes. Other possibilities of family connections are the youngest son of John Henry Spalding was named Frank Evermont Spalding his first wife's name was Edna. Probably where those character's names came from. Also the scene references Sally Field's character had come into town to sell 5 lbs of potatoes to Mrs Parks. Parks is the real Mrs Spalding's maiden name.

Director Robert Benton's ancestry
John Henry Spalding (April 29,1835)
married Dec 30th 1868
Laura Jane Parks (December 22, 1848)

to

Clinton Thomas Spalding (Feb 8th 1871)
married June 28th 1900
Willie Strong Spalding (April 19th 1875)

to

Dorothy Spalding (July 17, 1901)
married Oct 8th 1921
Ellery Douglas Benton (Jan 3, 1895)

to

Robert Douglas Benton (Sep 29, 1932)

Strickland House

Overhead doors for front room in Strickland house

Hidden Door in the Strickland House