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Henry Butler

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Henry Butler

Birth
Gonzales County, Texas, USA
Death
5 Oct 1892 (aged 18)
Lavaca County, Texas, USA
Burial
Hallettsville, Lavaca County, Texas, USA Add to Map
Plot
Left - Row 5 - 14
Memorial ID
View Source
Henry's mother was his dad's second wife, Catherine Kate Buckley dau of Ellen Buckley and she mrd Jefferson June 6 1871 b 1855 Tx she died 1880 TX.
They had 2 children.
Willie Mae Butler b May 29 1872 Lavaca Co TX d May 2 1952 Lavaca Co TX 9 kids
+ William McElroy Jan 12 1893 Lavaca Co TX b May 1869 TX
son of John Davis McElroy and Sarah Franks
Henry Butler b May 31 1874 KILLED Oct 5 1892 by the .41 Colt in the hands of Oliver B. Haynes
+Sarah Woldridge

One of the shadows was Henry Butler, son of Jefferson Butler and Kate Buckley, then about eighteen years of age, who had expressed deep resentment at the killing of his father. As his actions became intolerable, he was, according to the anti-Smothers faction, set up for a summary disposal. He was attending a dance on Rocky Creek about six miles south of town on October 5, 1892, by special invitation extended him by one friendly with the Smothers, when a difficulty developed and he was cut down by the .41 Colt in the hands of Oliver B. Haynes in the presence of a slew of witnesses. Haynes' justification for the killing, as it appears in the court's records, was that Butler was making an assault on Jim Haynes, Oliver's brother; "that the killing of Butler was solely for the purpose of keeping Butler from shooting [Jim] through the head with a pistol which he had aimed at [Jim] when he was shot." Instead, it was Butler who was shot through the head. [State of Texas vs. Oliver Haynes, No. 3191, Criminal Docket, District Court of Lavaca County]
The case was called for trial during the February term of 1894, but it was continued on the absence of two key State's witnesses: Charles McElroy, who was ill, and Robert Bradley, who, according to the sheriff of Karnes County, was "dodging" the subpoena. The witnesses were cowed, intimidated by the threat of death. The case was eventually dismissed on motion of the State's attorney. The .41 Colt came into play again in late November, 1898, on the Smothers ranch in Lavaca County about four miles below the Smothers place. Here again the anti-Smothers faction cried "frame-up." According to their version, Bird Kelly and Haynes were sent by John Smothers, the patriarch, to secure a calf running loose, which they found and tied. Then a man identified as Combs told Jim Love to get the calf or turn it loose. Kelly and Haynes waited until Love got to the calf, then shot and killed him.
Love lived with his family in a shack in the neighborhood of the ranch. He was poor and in a bad way financially, but not so poor, his friends claimed, that he would rustle his neighbor's cattle. But in a statement to the press, the Gonzales Inquirer, December 1, 1898, the patriarch stated Haynes had been assisting him and Bird Kelly in rounding up and branding calves; that they had frequently missed a few animals but could never locate the thief; that acting on the tip of an unidentified man-"reliable man" as described by Smothers-that several of their yearlings had been driven into a field nearby, roped and tied to the bushes, Smothers sent Kelly and Haynes to go and see about it. Sure enough, they found a calf tied to a little shrub. As nobody was near, the two decided to hide in the brush and await results. This was a little past noon. About sundown, according to this version, Love rode up with a double-barrel shotgun in his hand, dismounted, and was about to take the calf away when Haynes called to him to "hold up." Love, as they told it, grabbed his gun and walked toward the brush where they were. When within a short distance, he leveled the gun at Haynes. Haynes, as related by Smothers, "drew his pistol and fired just in time to save his life. Love fell and died instantly, but the rumors have not abated to this day.
[Gonzales Inquirer, Dec. 1, 1895]

The State of Texas County of Panola 1903-Henry Butler
Inquest held by t.L. Anderson, J.P. Panola County Texas on the dead body of T.N James on the 22nd and 23rd days of July 1903. On the evening of July 22, 1903, I was notified by J.P. Forsyth, Sheriff of Panola County Texas that there had been a man killed at Murvaul Texas to which place I went immediately in company with Constable Walter Anderson, Arriving at Murvaul, I learned that the dead man was at J.K. Butler's house and upon arriving at the said J.K Butler's was conducted to a point on J.K. Butler's farm about one hundred yards from said Butler's residence, where I found the dead body of T.N. James and after examining the ground and other surroundings the dead body was carried to the house of J.K. Butler's where a thorough examination of the body was had. I found that there was a wound on the upper lip of the said T.N. James, near the edge of same said wound was round and had the appearance of a gun shot wound, said wound seemed to go straight through the roof of the mouth of the deceased ranging a little up from where it entered and from statements made by J.K. Butler and Buss Smith, the Court is of the opinion that
the deceased T.N. James came to his death from a pistol or gun shot wound, said pistol or gun being in the hands of Henry Butler. T.L. Anderson, J.P.
Henry's mother was his dad's second wife, Catherine Kate Buckley dau of Ellen Buckley and she mrd Jefferson June 6 1871 b 1855 Tx she died 1880 TX.
They had 2 children.
Willie Mae Butler b May 29 1872 Lavaca Co TX d May 2 1952 Lavaca Co TX 9 kids
+ William McElroy Jan 12 1893 Lavaca Co TX b May 1869 TX
son of John Davis McElroy and Sarah Franks
Henry Butler b May 31 1874 KILLED Oct 5 1892 by the .41 Colt in the hands of Oliver B. Haynes
+Sarah Woldridge

One of the shadows was Henry Butler, son of Jefferson Butler and Kate Buckley, then about eighteen years of age, who had expressed deep resentment at the killing of his father. As his actions became intolerable, he was, according to the anti-Smothers faction, set up for a summary disposal. He was attending a dance on Rocky Creek about six miles south of town on October 5, 1892, by special invitation extended him by one friendly with the Smothers, when a difficulty developed and he was cut down by the .41 Colt in the hands of Oliver B. Haynes in the presence of a slew of witnesses. Haynes' justification for the killing, as it appears in the court's records, was that Butler was making an assault on Jim Haynes, Oliver's brother; "that the killing of Butler was solely for the purpose of keeping Butler from shooting [Jim] through the head with a pistol which he had aimed at [Jim] when he was shot." Instead, it was Butler who was shot through the head. [State of Texas vs. Oliver Haynes, No. 3191, Criminal Docket, District Court of Lavaca County]
The case was called for trial during the February term of 1894, but it was continued on the absence of two key State's witnesses: Charles McElroy, who was ill, and Robert Bradley, who, according to the sheriff of Karnes County, was "dodging" the subpoena. The witnesses were cowed, intimidated by the threat of death. The case was eventually dismissed on motion of the State's attorney. The .41 Colt came into play again in late November, 1898, on the Smothers ranch in Lavaca County about four miles below the Smothers place. Here again the anti-Smothers faction cried "frame-up." According to their version, Bird Kelly and Haynes were sent by John Smothers, the patriarch, to secure a calf running loose, which they found and tied. Then a man identified as Combs told Jim Love to get the calf or turn it loose. Kelly and Haynes waited until Love got to the calf, then shot and killed him.
Love lived with his family in a shack in the neighborhood of the ranch. He was poor and in a bad way financially, but not so poor, his friends claimed, that he would rustle his neighbor's cattle. But in a statement to the press, the Gonzales Inquirer, December 1, 1898, the patriarch stated Haynes had been assisting him and Bird Kelly in rounding up and branding calves; that they had frequently missed a few animals but could never locate the thief; that acting on the tip of an unidentified man-"reliable man" as described by Smothers-that several of their yearlings had been driven into a field nearby, roped and tied to the bushes, Smothers sent Kelly and Haynes to go and see about it. Sure enough, they found a calf tied to a little shrub. As nobody was near, the two decided to hide in the brush and await results. This was a little past noon. About sundown, according to this version, Love rode up with a double-barrel shotgun in his hand, dismounted, and was about to take the calf away when Haynes called to him to "hold up." Love, as they told it, grabbed his gun and walked toward the brush where they were. When within a short distance, he leveled the gun at Haynes. Haynes, as related by Smothers, "drew his pistol and fired just in time to save his life. Love fell and died instantly, but the rumors have not abated to this day.
[Gonzales Inquirer, Dec. 1, 1895]

The State of Texas County of Panola 1903-Henry Butler
Inquest held by t.L. Anderson, J.P. Panola County Texas on the dead body of T.N James on the 22nd and 23rd days of July 1903. On the evening of July 22, 1903, I was notified by J.P. Forsyth, Sheriff of Panola County Texas that there had been a man killed at Murvaul Texas to which place I went immediately in company with Constable Walter Anderson, Arriving at Murvaul, I learned that the dead man was at J.K. Butler's house and upon arriving at the said J.K Butler's was conducted to a point on J.K. Butler's farm about one hundred yards from said Butler's residence, where I found the dead body of T.N. James and after examining the ground and other surroundings the dead body was carried to the house of J.K. Butler's where a thorough examination of the body was had. I found that there was a wound on the upper lip of the said T.N. James, near the edge of same said wound was round and had the appearance of a gun shot wound, said wound seemed to go straight through the roof of the mouth of the deceased ranging a little up from where it entered and from statements made by J.K. Butler and Buss Smith, the Court is of the opinion that
the deceased T.N. James came to his death from a pistol or gun shot wound, said pistol or gun being in the hands of Henry Butler. T.L. Anderson, J.P.


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