H.C. Banks had resided for few months in Stringtown, and had been in the employment of the Hays County Sheriff Zachariah P. Bugg during the week preceding the day of his death. Deputy Banks was on his way to San Marcos when he passed the house of L. M. Dugger. A former slave named Mathew Burnham was employed by Dugger during the preceding twelve months, and had returned to the premises after an absence of about four days. Burnham packed his clothes in a blanket and complained to Mrs. Dugger as he left the house that he had not been treated well. Angry words ensued. Mr. Dugger was speaking to Deputy Banks and asked for assistance.
As Burnham reached the gate he was met by Mr. Dugger and they exchanged words. Deputy Banks dismounted and told Burnham, "Old man, you are drinking; you had better put down your bundle and wait until tomorrow before you go." Burnham replied, "And who are you?" To which Deputy Banks responded, by saying, "I will show you who I am." Banks drew his revolver and Burnham sprang forward and grasped the pistol. As they struggled for the revolver, Deputy Banks called on Mr. Dugger for assistance. The revolver discharged and the ball passed through Deputy Banks near the base of the neck. Mr. Dugger fired at Burnham as he stooped down and shot Banks in the side of the head as he lay on the ground. Mr. Dugger fired twice more as Burnham fled.
Burnham was caught, brought before a Grand Jury and indicted on 18 November 1873. He was convicted of First Degree Murder and sentenced to death. The Texas Supreme Court overturned his conviction in 1875. Burnham was shot and killed by an unknown person in Austin in December 1875.
Virtually nothing is known about Deputy Banks expect he was approximately 22 years of age. His mother and other family resided in Alabama. His place of burial is unknown.
∼Henry C. Banks (1852 – November 16, 1873) was a Deputy Sheriff for Hays County under Sheriff Zachariah P. Bugg. Deputy Banks had resided a few months in Hays County in Stringtown (the area of San Marcos currently located on Hunter Road to Centerpoint Road), and had been in the employment of the Sheriff during the week preceding the day of his death.
Deputy Banks was on his way to San Marcos on the 16th of November, 1873, when he lost his life. On passing the house of L. M. Dugger, a few miles from San Marcos, he stopped, being spoken to by Mr. Dugger, a few minutes before Deputy Banks reached Mr. Dugger's premises. Mr. Dugger had employed a former slave named Mathew Burnham during the preceding twelve months, and had discovered that Burnham had returned to the premises after an absence of about four days, went to "the smoke-house" and commenced packing up his clothes in his blanket preparatory to leaving; he complained to Mrs. Dugger that he had not been treated well, and was going to leave; insulting epithets, angry and bitter words were applied and used by the Burnham and Mrs. Dugger to each other. Mr. Dugger also believed Burnham to be drunk or pretending to be so, and asked deputy Banks for protection.
On his passing from the house to the gate, his bundle on his back, he met the L. M. Dugger who was returning from his conversation at the gate with the Deputy Banks. Burnham remarked to Dugger, "I think you all have been running over me, and I am going to leave." Mr. Dugger commanded him "to shut up his mouth." Burnham made no reply and passed on to the gate; as he approached it he was met by the Deputy Banks, who had dismounted from his horse, tied him to the right of the gate and stood in front of it. As Burnham approached within a few steps of the gate he said to Burnham, "Old man, you are drinking; you had better put down your budget and wait until tomorrow before you go." Burnham replied, "And who are you?" To which Deputy Banks responded, by saying, "I will show you who I am," drawing his revolver at the same time, stepping back a pace and presenting it at Burnham, who instantly dropped his bundle, sprang forward and grasped the pistol; they struggled, Deputy Banks tried to retain his weapon and Burnham tried to take it from Banks.
During the struggle Deputy Banks was heard twice to call out, "Mr. Dugger, get your pistol and come on." In the struggle Deputy Banks was forced back from the gate about eighteen feet into the road, when the pistol over which they were struggling was discharged, the ball passing through Deputy Banks' near the base of the neck and he fell. Instantly, Burnham, with pistol in hand, took two or four steps, at an angle of forty-five degrees, from the body towards the right, turned to the left, and stepping up to Deputy Banks stooped down and shot him in the side of the head. Mr. Dugger, who had run into the house for his pistol, on hearing Banks call to him to come on ran out and, as he states, "bursted a cap" at Burnham before he shot deceased in the head; he shot twice after that at Burnham before he fled.
Burnham was caught, brought before a Grand Jury and indicted on November 18, 1873. Burnham was convicted of First Degree Murder and sentenced to death. Burnham was granted an appeal all the way to the Texas Supreme Court which overturned his conviction in 1874. Mathew Burnham was shot and killed by an unknown person in Austin, Texas in December 1875.
Deputy Banks was killed in the line of duty on November 16, 1873. It is unknown where his remains were interred. Deputy Banks was approximately 22 years old. Deputy Banks had no next of kin in Hays County, but his mother and other family resided in Alabama.
As Burnham reached the gate he was met by Mr. Dugger and they exchanged words. Deputy Banks dismounted and told Burnham, "Old man, you are drinking; you had better put down your bundle and wait until tomorrow before you go." Burnham replied, "And who are you?" To which Deputy Banks responded, by saying, "I will show you who I am." Banks drew his revolver and Burnham sprang forward and grasped the pistol. As they struggled for the revolver, Deputy Banks called on Mr. Dugger for assistance. The revolver discharged and the ball passed through Deputy Banks near the base of the neck. Mr. Dugger fired at Burnham as he stooped down and shot Banks in the side of the head as he lay on the ground. Mr. Dugger fired twice more as Burnham fled.
Burnham was caught, brought before a Grand Jury and indicted on 18 November 1873. He was convicted of First Degree Murder and sentenced to death. The Texas Supreme Court overturned his conviction in 1875. Burnham was shot and killed by an unknown person in Austin in December 1875.
Virtually nothing is known about Deputy Banks expect he was approximately 22 years of age. His mother and other family resided in Alabama. His place of burial is unknown.
∼Henry C. Banks (1852 – November 16, 1873) was a Deputy Sheriff for Hays County under Sheriff Zachariah P. Bugg. Deputy Banks had resided a few months in Hays County in Stringtown (the area of San Marcos currently located on Hunter Road to Centerpoint Road), and had been in the employment of the Sheriff during the week preceding the day of his death.
Deputy Banks was on his way to San Marcos on the 16th of November, 1873, when he lost his life. On passing the house of L. M. Dugger, a few miles from San Marcos, he stopped, being spoken to by Mr. Dugger, a few minutes before Deputy Banks reached Mr. Dugger's premises. Mr. Dugger had employed a former slave named Mathew Burnham during the preceding twelve months, and had discovered that Burnham had returned to the premises after an absence of about four days, went to "the smoke-house" and commenced packing up his clothes in his blanket preparatory to leaving; he complained to Mrs. Dugger that he had not been treated well, and was going to leave; insulting epithets, angry and bitter words were applied and used by the Burnham and Mrs. Dugger to each other. Mr. Dugger also believed Burnham to be drunk or pretending to be so, and asked deputy Banks for protection.
On his passing from the house to the gate, his bundle on his back, he met the L. M. Dugger who was returning from his conversation at the gate with the Deputy Banks. Burnham remarked to Dugger, "I think you all have been running over me, and I am going to leave." Mr. Dugger commanded him "to shut up his mouth." Burnham made no reply and passed on to the gate; as he approached it he was met by the Deputy Banks, who had dismounted from his horse, tied him to the right of the gate and stood in front of it. As Burnham approached within a few steps of the gate he said to Burnham, "Old man, you are drinking; you had better put down your budget and wait until tomorrow before you go." Burnham replied, "And who are you?" To which Deputy Banks responded, by saying, "I will show you who I am," drawing his revolver at the same time, stepping back a pace and presenting it at Burnham, who instantly dropped his bundle, sprang forward and grasped the pistol; they struggled, Deputy Banks tried to retain his weapon and Burnham tried to take it from Banks.
During the struggle Deputy Banks was heard twice to call out, "Mr. Dugger, get your pistol and come on." In the struggle Deputy Banks was forced back from the gate about eighteen feet into the road, when the pistol over which they were struggling was discharged, the ball passing through Deputy Banks' near the base of the neck and he fell. Instantly, Burnham, with pistol in hand, took two or four steps, at an angle of forty-five degrees, from the body towards the right, turned to the left, and stepping up to Deputy Banks stooped down and shot him in the side of the head. Mr. Dugger, who had run into the house for his pistol, on hearing Banks call to him to come on ran out and, as he states, "bursted a cap" at Burnham before he shot deceased in the head; he shot twice after that at Burnham before he fled.
Burnham was caught, brought before a Grand Jury and indicted on November 18, 1873. Burnham was convicted of First Degree Murder and sentenced to death. Burnham was granted an appeal all the way to the Texas Supreme Court which overturned his conviction in 1874. Mathew Burnham was shot and killed by an unknown person in Austin, Texas in December 1875.
Deputy Banks was killed in the line of duty on November 16, 1873. It is unknown where his remains were interred. Deputy Banks was approximately 22 years old. Deputy Banks had no next of kin in Hays County, but his mother and other family resided in Alabama.
H.C. Banks had resided for few months in Stringtown, and had been in the employment of the Hays County Sheriff Zachariah P. Bugg during the week preceding the day of his death. Deputy Banks was on his way to San Marcos when he passed the house of L. M. Dugger. A former slave named Mathew Burnham was employed by Dugger during the preceding twelve months, and had returned to the premises after an absence of about four days. Burnham packed his clothes in a blanket and complained to Mrs. Dugger as he left the house that he had not been treated well. Angry words ensued. Mr. Dugger was speaking to Deputy Banks and asked for assistance.
As Burnham reached the gate he was met by Mr. Dugger and they exchanged words. Deputy Banks dismounted and told Burnham, "Old man, you are drinking; you had better put down your bundle and wait until tomorrow before you go." Burnham replied, "And who are you?" To which Deputy Banks responded, by saying, "I will show you who I am." Banks drew his revolver and Burnham sprang forward and grasped the pistol. As they struggled for the revolver, Deputy Banks called on Mr. Dugger for assistance. The revolver discharged and the ball passed through Deputy Banks near the base of the neck. Mr. Dugger fired at Burnham as he stooped down and shot Banks in the side of the head as he lay on the ground. Mr. Dugger fired twice more as Burnham fled.
Burnham was caught, brought before a Grand Jury and indicted on 18 November 1873. He was convicted of First Degree Murder and sentenced to death. The Texas Supreme Court overturned his conviction in 1875. Burnham was shot and killed by an unknown person in Austin in December 1875.
Virtually nothing is known about Deputy Banks expect he was approximately 22 years of age. His mother and other family resided in Alabama. His place of burial is unknown.
∼Henry C. Banks (1852 – November 16, 1873) was a Deputy Sheriff for Hays County under Sheriff Zachariah P. Bugg. Deputy Banks had resided a few months in Hays County in Stringtown (the area of San Marcos currently located on Hunter Road to Centerpoint Road), and had been in the employment of the Sheriff during the week preceding the day of his death.
Deputy Banks was on his way to San Marcos on the 16th of November, 1873, when he lost his life. On passing the house of L. M. Dugger, a few miles from San Marcos, he stopped, being spoken to by Mr. Dugger, a few minutes before Deputy Banks reached Mr. Dugger's premises. Mr. Dugger had employed a former slave named Mathew Burnham during the preceding twelve months, and had discovered that Burnham had returned to the premises after an absence of about four days, went to "the smoke-house" and commenced packing up his clothes in his blanket preparatory to leaving; he complained to Mrs. Dugger that he had not been treated well, and was going to leave; insulting epithets, angry and bitter words were applied and used by the Burnham and Mrs. Dugger to each other. Mr. Dugger also believed Burnham to be drunk or pretending to be so, and asked deputy Banks for protection.
On his passing from the house to the gate, his bundle on his back, he met the L. M. Dugger who was returning from his conversation at the gate with the Deputy Banks. Burnham remarked to Dugger, "I think you all have been running over me, and I am going to leave." Mr. Dugger commanded him "to shut up his mouth." Burnham made no reply and passed on to the gate; as he approached it he was met by the Deputy Banks, who had dismounted from his horse, tied him to the right of the gate and stood in front of it. As Burnham approached within a few steps of the gate he said to Burnham, "Old man, you are drinking; you had better put down your budget and wait until tomorrow before you go." Burnham replied, "And who are you?" To which Deputy Banks responded, by saying, "I will show you who I am," drawing his revolver at the same time, stepping back a pace and presenting it at Burnham, who instantly dropped his bundle, sprang forward and grasped the pistol; they struggled, Deputy Banks tried to retain his weapon and Burnham tried to take it from Banks.
During the struggle Deputy Banks was heard twice to call out, "Mr. Dugger, get your pistol and come on." In the struggle Deputy Banks was forced back from the gate about eighteen feet into the road, when the pistol over which they were struggling was discharged, the ball passing through Deputy Banks' near the base of the neck and he fell. Instantly, Burnham, with pistol in hand, took two or four steps, at an angle of forty-five degrees, from the body towards the right, turned to the left, and stepping up to Deputy Banks stooped down and shot him in the side of the head. Mr. Dugger, who had run into the house for his pistol, on hearing Banks call to him to come on ran out and, as he states, "bursted a cap" at Burnham before he shot deceased in the head; he shot twice after that at Burnham before he fled.
Burnham was caught, brought before a Grand Jury and indicted on November 18, 1873. Burnham was convicted of First Degree Murder and sentenced to death. Burnham was granted an appeal all the way to the Texas Supreme Court which overturned his conviction in 1874. Mathew Burnham was shot and killed by an unknown person in Austin, Texas in December 1875.
Deputy Banks was killed in the line of duty on November 16, 1873. It is unknown where his remains were interred. Deputy Banks was approximately 22 years old. Deputy Banks had no next of kin in Hays County, but his mother and other family resided in Alabama.
As Burnham reached the gate he was met by Mr. Dugger and they exchanged words. Deputy Banks dismounted and told Burnham, "Old man, you are drinking; you had better put down your bundle and wait until tomorrow before you go." Burnham replied, "And who are you?" To which Deputy Banks responded, by saying, "I will show you who I am." Banks drew his revolver and Burnham sprang forward and grasped the pistol. As they struggled for the revolver, Deputy Banks called on Mr. Dugger for assistance. The revolver discharged and the ball passed through Deputy Banks near the base of the neck. Mr. Dugger fired at Burnham as he stooped down and shot Banks in the side of the head as he lay on the ground. Mr. Dugger fired twice more as Burnham fled.
Burnham was caught, brought before a Grand Jury and indicted on 18 November 1873. He was convicted of First Degree Murder and sentenced to death. The Texas Supreme Court overturned his conviction in 1875. Burnham was shot and killed by an unknown person in Austin in December 1875.
Virtually nothing is known about Deputy Banks expect he was approximately 22 years of age. His mother and other family resided in Alabama. His place of burial is unknown.
∼Henry C. Banks (1852 – November 16, 1873) was a Deputy Sheriff for Hays County under Sheriff Zachariah P. Bugg. Deputy Banks had resided a few months in Hays County in Stringtown (the area of San Marcos currently located on Hunter Road to Centerpoint Road), and had been in the employment of the Sheriff during the week preceding the day of his death.
Deputy Banks was on his way to San Marcos on the 16th of November, 1873, when he lost his life. On passing the house of L. M. Dugger, a few miles from San Marcos, he stopped, being spoken to by Mr. Dugger, a few minutes before Deputy Banks reached Mr. Dugger's premises. Mr. Dugger had employed a former slave named Mathew Burnham during the preceding twelve months, and had discovered that Burnham had returned to the premises after an absence of about four days, went to "the smoke-house" and commenced packing up his clothes in his blanket preparatory to leaving; he complained to Mrs. Dugger that he had not been treated well, and was going to leave; insulting epithets, angry and bitter words were applied and used by the Burnham and Mrs. Dugger to each other. Mr. Dugger also believed Burnham to be drunk or pretending to be so, and asked deputy Banks for protection.
On his passing from the house to the gate, his bundle on his back, he met the L. M. Dugger who was returning from his conversation at the gate with the Deputy Banks. Burnham remarked to Dugger, "I think you all have been running over me, and I am going to leave." Mr. Dugger commanded him "to shut up his mouth." Burnham made no reply and passed on to the gate; as he approached it he was met by the Deputy Banks, who had dismounted from his horse, tied him to the right of the gate and stood in front of it. As Burnham approached within a few steps of the gate he said to Burnham, "Old man, you are drinking; you had better put down your budget and wait until tomorrow before you go." Burnham replied, "And who are you?" To which Deputy Banks responded, by saying, "I will show you who I am," drawing his revolver at the same time, stepping back a pace and presenting it at Burnham, who instantly dropped his bundle, sprang forward and grasped the pistol; they struggled, Deputy Banks tried to retain his weapon and Burnham tried to take it from Banks.
During the struggle Deputy Banks was heard twice to call out, "Mr. Dugger, get your pistol and come on." In the struggle Deputy Banks was forced back from the gate about eighteen feet into the road, when the pistol over which they were struggling was discharged, the ball passing through Deputy Banks' near the base of the neck and he fell. Instantly, Burnham, with pistol in hand, took two or four steps, at an angle of forty-five degrees, from the body towards the right, turned to the left, and stepping up to Deputy Banks stooped down and shot him in the side of the head. Mr. Dugger, who had run into the house for his pistol, on hearing Banks call to him to come on ran out and, as he states, "bursted a cap" at Burnham before he shot deceased in the head; he shot twice after that at Burnham before he fled.
Burnham was caught, brought before a Grand Jury and indicted on November 18, 1873. Burnham was convicted of First Degree Murder and sentenced to death. Burnham was granted an appeal all the way to the Texas Supreme Court which overturned his conviction in 1874. Mathew Burnham was shot and killed by an unknown person in Austin, Texas in December 1875.
Deputy Banks was killed in the line of duty on November 16, 1873. It is unknown where his remains were interred. Deputy Banks was approximately 22 years old. Deputy Banks had no next of kin in Hays County, but his mother and other family resided in Alabama.
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