The Baytown Sun (Baytown, Tex.), Vol. 64, No. 187, Ed. 1 Sunday, June 8, 1986 Page: 25 of 37
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THE HAY TOWN SUN
Sunday, June 8, 1986
8-C
I
Murder in 1836
Burnet served as defense?
lawyer for John M. Smith
STORY
tCHIJCHTS
||
mine. I told him he knew the pay for the expenses of the trial,
bargain that was between him Expenses seemed to run a little
and my father could be proved high. Bills of board to John S.
by my Uncle Henry, William H. Brown, John P. Bryan and
Smith, and I wanted him (Car- William Hardin for a few months
roll) to go before the Alcalde and totaled $1,180; amount paid to1
make a record of that agree- guards was $1,277.50; fees to.
ment,” William said. clerks, sheriff and Judges was
William pled self-defense, say- $843.26; while the jurors receiv-
ing that Carroll had grabbed up ed $126.60. Twelve of the 24
slaves of the Smiths were sold
The John M. Smith family, not
welcome in the Anahuac area,
apparently resettled at the
uninhabited Porter’s Point 18
miles to the south in the latter
part of 1832 or early 1833.
The point subsequently
became known as Smith’s Point,
which name it retains today.
Smith erected a home on the
south side of the peninsula on a
wooded bluff overlooking East
Bay and near the tip of the point,
for his large family.
Smith’s ward and later son-in-
law, Moses Alfred Carroll, built
a home on the north side of the
peninsula facing Trinity Bay and
a little north of the Smith
homestead. Carroll married
Mary Eleanor A. Smith
sometime in 1833 and a league of
land was applied for, in his
property (slaves) and was name, at the mouth of Turtle Heartfieldplace. j
Madero, having been commis-. .literate. Many of his neighbors Bayou. —_ John M. Smith was not
sioned by the Mexican Govern- were not so well endowed. The Smiths planted cotton and cd in the killing and the existent Smith rode horseback posthaste
ment to found a town, wrote to A meeting had been called by corn at Smith’s point and all records do not indicate that he to deliver a clemency petition
his superior: . Madero to select a county seat seemed to go well at the planta- was even present but the jury for the Smiths to Washington-on-
"No place being more ap- with Smith’s plantation and tion for a few years, then on Oct. found William M. Smith guilty of the-Brazos, where the ProVi-
William . Smith had im- propriate for the founding of the Moss’s Bluff being put into 7, 1835, during a quarrel, murder and John M. Smith gull- sional Government was'
migrated with his elder brother, town that must be formed in the nomination. A majority of votes William M. Smith, the son of ty as an accessory. Judge meeting. The petition had been
David Smith, from North District, in order to be the most were given in favor of Smith’s John M. Smith, shot and killed William Hardin sentenced the signed by 26 residents of Liberty
Carolina — first to Natchez and central place is that occupied by place and it was proclaimed the his brother-in-law, Moses Alfred two Smiths to be hanged by the County,
then toLouisiana. They were ac- John M. Smith, and notwithstan- seat pf justice and named Carroll. William testified that at neck until dead on March 24, Burnet’s appearance at,this
companied by members of the ding also that he has shown he “Libertad.” breakfast his father had said 1836, ' time piace(i him in the position.
Janies Taylor White family and has planted in it one field.____________Smith was disposed and did that they would go hog hunting--News traveled fast and twelve
other famines from North “Smith is not of the genteels not even acquire a town lot in the and ordered the Negro boy, Levi, days after the shooting, a letter
Carolina. by the Supreme Government new municipality as laid out by to saddle the horses. William was sent from Peter J. Menard
The Smiths were settled by and by the same he is not in a Madero, though many of his and Levi carried a rifle and a and Joseph Bryan to James W.
1810 th the LouislanS’district condition to claim particular neighbor£dId. Neither he nor shotgun to the corn crib. Robinson, governor, and the
Matilda Wilburn ever received a Alfred Carroll came from the Council of Texas. Their letter
land grant in Texas. cotton field and William began to stated that John M. Smith had
Smith, rebuffed by MadefoBut complain to Carroll about his always been opposed to the
undaunted in his desire to claim treatment of the slaves. Carroll Cause of Freedom and had in-
land, moved to the mouth of Tur- had whipped a pregnant Negro jured the Cause of Liberty by
tie Bayou in present day woman the day before to such an giving all the informiation possi-
John M. Smith was believed to medical practice and his part- Chambers County and began his extent that she was expected to ble to enemies. They accused
be the leader of the so-called nership in a mercantile business support of Col. John Davis Brad- lose her baby. “I told him I did Smith of aiding Captain Thomas
Tory, or conservative, faction of at Anahuac with Charles burn who was commander of the not want him to put her out to M. Thompson, commander of
Mexican garrison at Anahuac. work until she was able to work Jhe Mexican schooner of war,
On Feb 23 1833 John M When a Mexican general, Mier and requested him not to be so C°reo, when the schooner lay in
Smith bough? a Sirapio”: E. Toran, vistfed Anahuac in No- aevcra »n the Negroes," stated the Bay of Galveston In the sum-
burn’s Mexican forces and the peb 25 Dr Labadie credited the vember 1891, Smith hosted a William. meroii»S5. ...
settlers. Benedict^ Hayden^acS$32 38 gathering and a dinner at his The next thing discussed was He was also accused of at-
FrankW. Johnson, the elected paidby JohnMsiTKK home for the general. the Turtle Bayou place. Carroll tempting to take the life of
captain of the colonists forces ™e Rev. Michael Muldoon “Sf^tSd 2
opposingBradburn, stated: on Feb. 25, 1833. It referred to a Cathollc Pnfl and self-styled mouth of Turtle Bayou Oct. 3 ^on, SjjMtoMwaid I3e
“We continued our march to visit the doctor had made con- vicar general of Texas, arrived 835’ pf°uar?ra5or Thev smd that
Turtle Bayou, where we en- cerning Mrs John M (Ann) in Anahuac in October 1831 and told him he was taking an undue trait°i\ They said that a Mr.
camped. While detailing and SmS on June 23 1832 at the be8an conducting services, course about that place, that my Hardin alsoconcurral
posting our guards a miscreant mouth of Turtle Bavou eight especially much sought after father had got the survey out of opinions. If the Mr.4ia
by the name of Hayden who had miies and for consulting with baptisms and marriages. He at- his, A. Carroll’s name. I told him red to in the letter was Judge
joined us at Minchey’s, without Dr Shaw about her § tended the dinner for Teran and he knew the bargain that was William Hardin, then certainly
cause or provacation, shot and Th Smith famiiv was «aiH in said: “On Monday (13th) we din- between my father and him.
instantly killed one of our men. have beeTl largTone but the on at the country'home of John Father had given him an im- pathetic judge.
“ So sudden and startling have been a large one but the on- M. Smith, five miles by land or provement and the balance of Smith’s property was con-
was his act that the assassin werfwmmm^^" a^'Ey water from here (Anahuac).’’ the land and improvement was fiscated and most of it sold to
Eleanor A.
Others may have been John
M., Peter, Adeline Louisa and
Harriet Elizabeth. Known Smith
relatives living in Chambers
County were a brother, William
The notorious Tory
By JEAN L. EPPERSON
described as between the right of possession in the place
John M. “Moses” Smith was Atacapas Church down to Ber- that he has illegally occupied;
destined to become the most wick’s Bay. In 1811 William for which the petition to you may
notorious Tory in the Atascosito Smith died leaving a sizable you have the goodness to give
district, convicted of a murder estate and a wife and five me your opinion in the par-
he did not commit and sentenced children; John Moses, Adolphus ticular.
to be hung by a judge that did not Frederick, William Henry, God and Liberty.
Elizabeth and Augusta Matilda. Atascosito, March 30,1831.
Smith, his family and his In early 1831, with the arrival J. Francisco Madero.
slaves arrived in Texas in 1827, a^ Atascosito of Francisco Chief of the Department
with relatives and friends from Madero, the Mexican land com- of Bexar,
Louisiana. They settled near the missioner, John M. Smith made Citizen Ramon Musquiz.”
west bank of the Trinity River, application for a land grant for It seems strange that Madero
cleared and planted a cane himself and for Matilda Wilburn, described Smith as “not of the
break, at what is now the town of who may have been his widowed genteels” as Smith was a man of
sister.
li
the rifle and fired first after say-
ing, ‘If its more land you want along with four yoke of oxen, ope,
I’ll damned soon give you all the ox>a wagon and a cart. After the
land you want in Texas.” sale of the property, $454.76 Wa* t
William then returned the fire still owing to the court. ,,
with the shotgun and for good David G. Burnet, the Smiths;,<
measure hit Carroll over the defense attorney, was disturbed
head with a frow, a knife with a because an eyewitness to the
blade at a 90 degree angle to the killing, probably the Negro boy I
handle for making shingles. The Levi, had not been allowed to
slaves took Carroll’s body and testify, John M. Smith had been
buried it in a grove of blackjack denied a separate trial and
oaks, back of what is now the because the death sentences
were to be carried out so quick-
involv- ly. Burnet and Mrs. John M.
like his politics
Liberty.
Smith was the son of William
Smith and Prudence Bonner of
Attakapas Parish, later St. Mar-
tin Parish, La.
ai
an
Or
the
as ad interim president of the ' .
new Republic of Texas. The
Smiths were granted a 30-day
stay of execution and Burnet’
assumed the duties and respon- •
sibilities of the executive of a.
government in deep trouble. As
ad interim president, Burnet
was vested with full powers.of
clemency and pardon and he lost,
no time in getting the Smiths
transferred to Harrisburg and
hiscontrol.
Judge William Hardin at-,’
Liberty was ordered to have the "
Smiths sent to Harrisburg under
guard on March 30, 1836. A
postscript to this order read; ;
“The President requires that the *
prisoners should be treated with
every humanity consistent with
their safekeeping."
On the way to Harrisburg,
John M. Smith took sick and was
left on the Trinity. He escaped”
across the Sabine River and1
thereafter remained in Loi$>
siana. Attempts were made later
to secure a pardon for him but.'
they were never successful.
boc
Jei
Mi)
Mexican garrison left
Anahuac in June 1832
ipi-
Lai
Duj
Lill
nfai
settlers, when the Anahuac Willcox
disturbances began in 1832 bet-
ween Col. John Davis Brad-
R
.'B
■I)’
with their
rdin refer-
ghQi
Skej
am,
the Smiths did not have a sym-
Ac
spir»
one
knoi
made his escape before those
nearby recovered from the
shock. He was subsequently cap-
tured. however, and executed.
On enquiry (*ic) it was ascer-
tained that Hayden was an
employe (sic) of John M. Smith, . „
a personal friend of Bradburn’s, Henry ^Smith and a nephew,
James Smith, a natural son of
Elizabeth Smith.
quer
1812
towr
DON'T
FORGET!!!
li
hi
sqpa
tcrre
and it was suspected that he had
hired Hayden to kill some one of
the officers or a prominent man.
Smith was arrested and held a left Anahuac in June of 1832 after
prisoner for several days; but as the clashes with the anglo set-
there was no evidence, except tiers, the Tories were treated
surmise against him, and as he rudely by ,their fellow colonists,
denied any complicity in the Tories were taken into the bay
case, he was released.’’
Dr. Nicholas D. Labadie. who to scrub their BradbUrn sins off
lived at Lake Charlotte, kept a them,” while others were tarred
detailed account book of his and feathered.
rrtorl
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When the Mexican garrison
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*2.00 if you would like us to mail
the section for you — anywhere
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' JOHN SMITH’S home was
located On a bluff overlooking
East Bay and beach at Smith’s
I Point. Early Anglo ceramics and
artifacts at the site were col-
lected in 1983 during an ar-
cheology project sponsored by
the Wallisville Heritage Park.
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• 30 FULL PAGES OF AREA HISTORY HIGHLIGHTS! ’
• ONE GREAT WAY TO REMEMBER THIS SPECIAL YEARI
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These photos were provided by
the Wallisville Heritage Part
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Brown, Leon. The Baytown Sun (Baytown, Tex.), Vol. 64, No. 187, Ed. 1 Sunday, June 8, 1986, newspaper, June 8, 1986; Baytown, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1154465/m1/25/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Sterling Municipal Library.