The Southwestern Historical Quarterly, Volume 38, July 1934 - April, 1935 Page: 4
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Southwestern Historical Quarterly
bill was against the foreman for "Unlawfully fencing and herd-
ing on Public School Lands," and, two days later, January 9th,
six more were found against him for the same offense. A total
of seventy-six were found in all, and, after several days for the
clerk to write them out, Goodnight brought them to court in a
basket and the jury was discharged.2
Judge T. J. Brown, of Sherman, whom Goodnight summoned
in defense, came north through the Territory, to Dodge by rail,
and thence to Old Clarendon on the stage. This capable jurist
favored the retention of J. N. Browning, a member of the Leg-
islature, on account of his standing with the nesters, and Good-
night deferred to his wishes. The suits were tried before a jury
made up-of necessity, on account of the sparseness of people-
of some of the cowboys working for men being tried. Temple-
ton came out to see the job well done, staging his way from the
end of the Fort Worth and Denver through a country noted for
its gyppy water. Hie was unused to its properties, the more he
drank the more he wanted, and by the time he reached his des-
tination he was somewhat the worse for wear. Iie and Good-
night met in Clarendon, sat down on a convenient cottonwood
log, and discussed the impending litigation.
According to the cowman the Attorney Generalt- remarks soon
developed that he was there actually for the political support of
his friend Browning, and he offered to drop his fight on Good-
night if Goodnight in turn would support Browning for District
Judge. Goodnight bluntly told him that he could not do so on
account of the man's record, whereupon Templeton indicated that,
if he refused, prosecution of the enclosure cases would proceed.
As Goodnight thought of the fifty-two cowmen involved in the
fight with him, and the tender of exception by Templeton, his
blood boiled, he screwed about on the log, and faced the official
2Civil Record, District Court, Clarendon, I, 129, 138, 144-149. In the
Panhandle at this time it was claimed that the offending ranches, which
meant all that had done any fencing, were: Rocking Chair Ranch, Curtis
and Atkinson, A. H. Rowe and Bro., L. E. Coleman & Co., G. A. Brown,
J. F. Evans & Co., Clarendon Land & Investment Co., Adair and Good-
night, Suggs, Hansford Land & Cattle Co., American Pastoral Co., Tobe
Odem, Nick Eaton, G. H. White, ,S. R. E. Land & Cattle Co., Cedar
Valley Land & Cattle Co., Glidden & Sanborn, A. E. Reynolds, Lee-Scott,
the Prairie and others, totaling some three and a half million acres.
Fort Worth Gazette, December 24, 1885.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 38, July 1934 - April, 1935, periodical, 1935; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth117143/m1/12/: accessed January 16, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.