The Hanging Judge

Isaac Parker 001This fellow has been portrayed in a number of Hollywood films, two of the best by actors John McIntyre and Pat Hingle—although the character played by Hingle was entirely fictionalized in the film Hang ‘Em High.  But Judge Isaac C. Parker was a real man, a real judge, in the real Fort Smith, Arkansas, in the real American old west.  True, folks back then did call him “the hanging judge” and he did in fact hang a few people, but of the 13,490 cases heard in Judge Parker’s court, only 344 were capital offenses.  Of the 160 defendants sentenced to death by hanging (156 men, 4 women), only 79 were in fact hanged.  The rest either died while incarcerated, or had their sentences commuted on appeal, or were pardoned.  What is also true is that Judge Parker preferred hanging people six at a time —to get the most effect from those who might consider going astray.  It was a different time; it was a dangerous time.

In April 1861, Parker ran as a Democrat for the position St. Joseph, Missouri part-time city attorney. He served three one-year terms from April 1861 to 1863.  The Civil War began four days after he assumed his post in 1861 and, motivated by a sense of duty, Parker enlisted in a home guard unit.  By the end of the war, Parker was advanced to the rank of corporal in the 61stMissouri Emergency Regiment.  He meanwhile continued both his legal and political careers.  In 1864, Parker ran for election as a Republican for county prosecutor in the 9thMissouri Judicial District.  His split from the Democratic Party came from conflicting opinions over the issue of slavery.  In the fall of that year, he served in the Missouri electoral college, which overwhelmingly supported the re-election of Abraham Lincoln.  In 1868, Parker won a six-year term as judge of the 12thMissouri Circuit.

In 1870, Judge Parker was nominated to run for Missouri’s 7thCongressional District, backed by the radical faction of the Republican Party.  He resigned his judgeship to devote his energy to this campaign.  He won that election after his opponent withdrew from the race two weeks before the election.  During his tenure in Congress, Parker helped to secure pensions for Civil War veterans in his district, campaigned for a new federal building to be built in St. Joseph, sponsored a failed bill designed to enfranchise women and allow them to hold public office in United States territories, and he sponsored legislation to organize the so-called Indian territories under a territorial government. Throughout his term in congress, Parker was highly regarded as both trustworthy and influential.

In 1874, Parker considered running for the United States Senate, but by this time, the political winds had shifted, and it seemed unlikely that he could be elected.  He instead sought a presidential appointment as a federal judge in the Western District of Arkansas.  In May 1874, President Ulysses S. Grant nominated Parker to serve as Chief Justice of the Utah Territory.  Parker instead asked to serve in the Western District of Arkansas, which President Grant granted.

Parker arrived in Fort Smith, Arkansas a year later.  His first session began on 10 May 1875 with William H. H. Clayton serving as federal prosecutor.  Standing before the court were 18 men accused of murder —15 of whom were convicted by jury trials.  Judge Parker sentenced eight of these men to death.  Of these, six were ordered hanged on 3 September 1875.  One of the eight was killed while trying to escape from custody and another received a commutation to life imprisonment due to his minority.

In 1875, tribes within the so-called Indian Territories exercised jurisdiction over their own citizens, while all non-Indian U. S. Citizens fell under the auspices of federal territorial authority.  Between 1875 and 1889, Judge Parker exercised appellate jurisdiction over Indian tribunals.

The federal court for the Western District of Arkansas was required to meet four terms each year, but the caseload was so large that the terms in Parker Court’s ran together.  To ensure that they tried as many cases as possible during each term, the Parker court sat six days a week; courtroom sessions often involved ten-hour days.  In 1883, Congress reduced the jurisdiction of the court, reassigning parts of the Indian Territory to federal courts in Texas and Kansas.  Increasing numbers of settlers moving into the Indian Territories, however, increased the court’s workload.  It was a grueling schedule for all concerned.

In his time on the court, Parker presided over several high-profile cases, including the trial of Crawford Goldsby, who was known as Cherokee Bill. Crawford was a rotten to the core murdering thug, but you can’t be a genuine bad ass with a name like Crawford, so somewhere along the way, he adopted the moniker Cherokee Bill.  Crawford was born on 8 February 1876; he was just a little past his 20thbirthday when he took his step into the bowels of hell.

Now, as it happens, Cherokee Bill’s father was a man named George Goldsby, a Buffalo Soldier[1]who married a half-Cherokee mulatto woman named Ellen Beck.  Their relationship ended when George became involved in a shootout in the Morris Saloon at San Angelo, Texas.  The scrape came from too many people drinking too much fire water.  At some point in the initial fray, cowboys held down a Buffalo soldier from Fort Concho, ripped off his rank insignia, and tossed him into the street[2].  The soldier later returned with several soldiers from Company D, including Sergeant Goldsby.  In the melee that followed, one cowboy was killed, two others received gunshot wounds, one soldier was killed and another wounded.

A few days later, Texas Rangers showed up to take custody of the Buffalo Soldiers.  The officer in command of the post was Colonel Benjamin Grierson.  He refused to turn the soldiers over to the Rangers, arguing that they had no jurisdiction on his post.  George Goldsby was smart enough to see what might next happen, and so he deserted his post and fled to unknown parts.  Ellen soon left Fort Concho for Fort Gibson in the Indian Territory.  She took with her a daughter and two other sons, but placed Crawford into the care of an elderly black woman named Amanda Foster. “Auntie Amanda” cared for Crawford until he was seven years old and then sent him off to an Indian school in Cherokee, Kansas.  Three years later, Crawford was sent to an Indian School at Carlisle Barracks, Pennsylvania.  From the time he was 12 years old until he reached his 18thbirthday, Crawford floated back and forth between Fort Gibson (where his mother remarried a man named William Lynch), and his sister’s home near Nowata, Oklahoma (she had married a man named Mose Brown).  Crawford apparently had problems getting along with others.

Beginning after his 18thbirthday, Cherokee Bill was involved in the following incidents:

  • Train robbery at Red Fork on 18 July 1894
  • Bank robbery in Chandler, Oklahoma —murdering J. B. Mitchell on 31 July 1894
  • The murder of railroad agent Dick Richards in August 1894
  • The murder of trainman Samuel Collins at or near Fort Gibson in August 1894
  • The murder of brother-in-law Mose Brown in September 1894
  • Post Office robbery at Donaldson’s Store at Watova, October 1894
  • The murder of Ernest Melton during the robbery of Shufeldt & Son’s General Store, 8 November 1894
  • Armed robbery of Nowata, Oklahoma Station Agent Bristow on 23 December 1894.

Cherokee BillAfter the last episode, authorities stepped up their pursuit of Bill Goldsby (shown right) and cohorts who were collectively known at the Cook Gang.  Realizing the law was after them, the gang split up.  Most of these hombres were captured or killed, but Cherokee Bill managed his escape until authorities offered up a reward of $1,300 for his capture.  At this time, his so-called friends stepped forward to aid in his capture.  On 30 January 1895, Constables James McBride and Henry Connelly captured Cherokee Bill and transported him to Fort Smith, Arkansas to stand trial.  Convicted of the murder of Ernest Melton, Crawford was sentenced to death on 13 April 1895.  His lawyer managed to postpone the date of execution, however.

Meanwhile, Cherokee Bill became fast friends with Sherman Vann, a trustee at the jail.  Sherman managed to smuggle a six-shooter into Goldsby’s cell.  On 26 July 1895, night guard Lawrence Keating was securing prisoners into their cells when Cherokee Bill jumped him.  Keating was shot in the stomach; then, as Keating staggered down the passageway, Bill shot him again in the back.  Other guards soon arrived, preventing Goldsby’s escape but the man was armed, and the incident resulted in a standoff that lasted a few hours.  Finally, fellow prisoner Henry Starr offered to help get Goldsby to surrender.  This he was able to do and Goldsby surrendered his weapon.

A second trial lasted three days.  Convicted again of murder, Judge Parker ordered Cherokee Bill to be hanged on 10 September 1895.  Goldsby’s lawyer appealed the conviction, but the Supreme Court affirmed the sentence on 2 December 1895.  His new execution date was 17 March 1896.  On that morning, Cherokee Bill awoke, ate a light breakfast, and was reported to have been in a good mood.  Shortly after 2 p.m., Crawford was led to the gallows where he was asked if he had anything to say for himself.  He answered, “I came here to die, not to make a speech.”

After twelve minutes of hanging from his neck, Cherokee Bill was pronounced dead.  We don’t know if anyone was disappointed by his lack of speechifying, but we do know that Judge Isaac Parker served honorably on the federal bench for twenty-one years.  We also know that he suffered from Bright’s disease (a kidney ailment) and that he passed away while in office on 17 November 1896 —eight months after he sent Cherokee Bill to hell.

Although several great actors played the part of Judge Parker, no one comes close to the real man.  We cannot say for certain that the hanging judge ever deterred murder, but we can say that no one became a victim of Cherokee Bill after 17 March 1896.

Parker’s tenure as a judge in the Western District of Arkansas wasn’t without some controversy, however.  Because the U. S. Supreme Court overturned nearly two-thirds of Parker’s judgments, Parker had several clashes with the high court.  In 1894, Judge Parker gained national attention in a dispute with the Supreme Court over the case of Lafayette Hudson[3], who was convicted of assault with intent to kill.  Parker sentenced him to four years confinement. Hudson appealed his case to the Supreme Court, who granted him bail.  Judge Parker refused to release Hudson claiming the Supreme Court did not have the authority to demand Hudson’s release.

Judge Isaac Parker lived during a dangerous time in American history.  During those times, and at that place, he may have been one of the old west’s greatest of men.

Notes:

[1]Buffalo soldier is a term assigned by Native Americans to black soldiers.  At this time, black soldiers served in units segregated from their white counterparts. All-black units consisted of the 9thand 10thCavalry Regiments, and the 24thand 25thInfantry Regiments.

[2]In the old west, tossing someone into the street was particularly insulting, since the streets were covered in filth from animal excrement.

[3]Hudson v. Parker, 156 US 277 (1895)

Posted in History, Justice | 4 Comments

A soldier died today …

A fitting tribute to the greatest of men on Memorial Day

Hat tip: Koji Kanemoto

Posted in History | 5 Comments

Lee McNelly

The post-Civil War period in America was a dangerous time to be alive; this is especially true in the American Southwest, where a massive increase in human migration triggered conflict and profane behavior among those who were disenfranchised by the destruction of a bloody war.  Settlers heading to the American west could not have known what awaited them there. They only knew what they’d been told … and what they heard sounded much better than what they had back east.

The settlers did know that it would take hard work and many years to carve out a small place where they could sustain their families; they probably also realized that if anyone were to achieve success on these small plots of land, it would more than likely be their heirs rather than themselves.  What they may not have expected were threats imposed against their safety by native tribes, villainous behavior of renegade whites, and/or terrorism imposed by bandits from Mexico.

Banditry existed on both sides of the US-Mexico border.  In the minds of the American outlaws who routinely raided Mexican ranches murdering vaqueros and their families, and rustle their cattle and horses, border raids were simply a matter of “easy pickings.”  In the minds of Mexican bandits, Texas and other border states and territories were lands wrongfully taken from Mexico; border raids were vendettas against intruders.  The men who perpetrated these crimes were of the worst sort; they were killers, rapists, and thieves … it would take men who were equally capable of violence to reign them in.

One such man was Leander (Lee) H. McNelly (1844-1877).

Lee was born in Follansbee, Brooke County, Virginia (now, West Virginia) the son of P. J. McNelly and Mary Downey.  In 1860, the McNelly’s left their home in Virginia and headed for Texas which was popularly regarded as a land of opportunity.  In Texas, the McNelly’s engaged in raising and herding sheep. With the outbreak of the Civil War, on September 13, 1861, Lee enlisted as a private in Company F of the Fifth Texas Cavalry.

In 1863, McNelly participated in the Battle of Galveston[1]under Captain George Campbell and Colonel Thomas Green.  After Green’s promotion to brigadier general and his assumption of command over the Texas Cavalry Brigade, McNelly was assigned as Green’s aide-de-camp.  Then, in recognition of McNelly’s daring gallantry during the Battle of Valverde, Arizona Territory[2], Green commissioned McNelly a captain in the Texas Cavalry and appointed him to command the brigade scouts.  During Green’s southern Louisiana campaign of 1864, Captain McNelly fulfilled a major role in the Battle of Brashear City[3]and Lafourche Crossing.  During the Battle of Mansfield in April 1864, McNelly received serious wounds and was relieved of his duties.

After recovering from his wounds, McNelly returned to his command in May 1864 where he took part in the battle of Yellow Bayou.  He was then ordered into the Bayou Lafourche country of southern Louisiana to scout and harass the enemy.  On July 1, 1864, after Green’s death at the battle of Blair’s Landing, Louisiana, McNelly was transferred to General John A. Wharton’s[4]cavalry corps.

On July 6, 1864, Captain McNelly was ordered to employ his company east of the Atchafalaya River to gather information about enemy movements.  McNelly continued to harass his enemy throughout the swamps and canebrakes of Louisiana.  It was typical of his exploits to overwhelm superior enemy forces with a strength of only one-hundred scouts[5].  After a period of tracking down Jayhawkers[6]on the Calcasieu, Captain McNelly was transferred to the command of Major General John G. Walker where he was detailed to ferret out and arrest deserters near Hempstead, Texas.

At the end of the war, McNelly returned to his Texas home and resumed farming near Brenham, Texas.  It was there that he met and married Miss Carey Cheek.

In July, 1870 Texas Republican Governor Edmund J. Davis organized the Texas State Police (TSP), its purpose to combat crime during the Reconstruction Era.  Despite its initial success, the TSP remained unpopular among some Texans, particularly the former slave-owners, because the police force included black police officers. In September 1870, citizens of Hill County, Texas blocked the TSP from arresting members of the Kinch West gang. Later that year, Hill County citizens refused to allow the arrest of those accused of murdering former slaves.

Nevertheless, Leander McNelly was one of four men commissioned as captains of the Texas State Police (which included John Jackson Helm, murdered by John Wesley Hardin in 1873).  McNelly was assigned command of the TSP in Walker County.  Not long after his assignment there, McNelly investigated the murder of a Negro named Sam Jenkins.  Four men were arrested, one being at once released from pre-trial confinement.  The remaining three men received smuggled guns while attending a hearing the courthouse and at a time when McNelly was returning them to jail, opened fire. McNelly was wounded.

In a later newspaper interview, McNelly chastised the local sheriff for not knowing these men were armed.  Captain McNelly was also unhappy with Governor Davis, who had promptly declared martial law in Hill County.

The Texas Legislature abolished the Texas State Police on April 22, 1873, about 9 months before the Democratic Party regained control of Texas.  In 1874, lawlessness was rampant in Texas so newly elected governor Richard Coke created the Texas Rangers divided into two branches: A Frontier Battalion under command of Major John B. Jones, and a Special Force commanded by Leander McNelly (largely funded by South Texas cattle ranchers).

Captain McNelly’s first assignment was to travel to DeWitt County to resolve the Sutton-Taylor Feud[7].  In 1874, a member of the Taylor family killed a member of the Sutton family; McNelly and 40 Texas Rangers arrived in Clinton, Texas to ensure that Taylor and the witnesses against him lived through the trial.  During this assignment, McNelly became ill and returned home to recuperate. In his absence from duty, members of the Texas Rangers engaged in a gunfight with unknown parties outside of Clinton.  Of the Texas Rangers, one man was wounded, one was missing in action, and two horses were killed.

After his return to duty in April 1875, Governor Coke ordered McNelly to take his special force into the Nueces Strip; the governor assigned him the specific task of bringing order to this region of Texas[8], a hotbed of cattle rustling and banditry organized and directed by General Juan Cortina[9].  Cortina commanded the Mexican military region of the Rio Grande frontier and orchestrated guerrilla operations against Texas ranchers.

Within two days, Captain McNelly recruited 40 men to serve as Texas Rangers.  He rejected most native Texan applicants so that they would not have to face the possibility of confronting their own relatives and friends.  McNelly’s rangers became very loyal to him; they called themselves “Little McNellys.”

Captain McNelly was an aggressive leader who, in the performance of his duty, reminds me somewhat of the modern U. S. Marine: one does not hand a mission to an American Marine and then moan about how he went about achieving that assignment.  In our present day, scholars who have never placed themselves in harm’s way for any reason question McNelly’s methods, but at a dangerously violent period in American history, when faced with armed and ruthless men, individuals who would have killed McNelly without hesitation, Captain McNelly did carry out his mission —which was solving the problem of lawlessness on the Mexican-American border. Any bandit who drew his weapon against a Texas Ranger was dealt with severely, permanently, and at once.  McNelly also did not hesitate to extract information from captured outlaws —information that was vital to the completion of his mission and the safety of his men.

There was another aspect of Lee McNelly that has made him famous: he willfully disobeyed orders about pursuing outlaws across the Mexican border.  Captain McNelly reasoned that if an outlaw realized that crossing into Mexico was no guarantee for his personal safety, the outlaw might decide that thievery, murder, and mayhem may not be worth the risk.

In 1875, McNelly was faced with how to eliminate several Mexican bandit gangs. The first and worst of these was Juan Cortina. For years Cortina had raided settlements in the area of Brownsville, Texas, always retreating across the Rio Grande to avoid Texas law enforcement.  Cortina was from a wealthy family that owned more than 260,000 acres (about 680 square miles) of land in South Texas, which had once included the location of the town of Brownsville.  Cortina commanded a force of more than 2,000 armed Mexican outlaws and gunmen.

The first major gunfight between the Rangers and Mexican bandits occurred in June 1875.  McNelly’s Rangers surprised a group of sixteen Mexican cattle thieves and one American man, driving about 300 head of cattle toward the Rio Grande River (and toward Juan Cortina and a steamer headed for Cuba).  These were Cortina’s hand-picked men, who had boasted they could cope with any Rangers or vigilantes. Captain McNelly issued his orders. “Don’t shoot to the left or the right.  Shoot straight ahead.  And don’t shoot till you’ve got your target good in your sights.  Don’t walk up on a wounded man.  Pay no attention to a white flag. That’s a mean trick that bandits use on green-hands.  Don’t touch a dead man, except to identify him.”

Sighting the approach of the Rangers, the Mexican bandits took flight, driving the herd before them at a frenzied pace until they reached a spit of land inside a salt marsh.  The Mexicans then turned and waited for the Rangers, who were right on their heels, to cross the shallow, muddy lagoon.  Lee McNelly anticipated an ambush and stopped to issue his pep talk, “Boys, across this Resaca[10] are some outlaws that claim they’re bigger than the law — bigger than Washington law, bigger than Texas law. This won’t be a standoff or a dog fall.  We’ll either win completely, or we’ll lose completely.”

The battle is often referred to as either the Red Raid or the Second Battle of Palo Alto.  It was waged nearly all day in a succession of single hand-fights, which left dead Mexicans and horses covering a swath through the prairie about two miles wide and six miles long.  All the Mexican drovers were killed, as well as the gringo named Jack Ellis, who had beaten and mistreated a shopkeeper’s wife at Nueces.  Two hundred and sixty-five head of stolen livestock were rounded up and eventually returned to their rightful owners near the King Ranch.  Nine of the fourteen saddles recovered turned out to be Dick Heyes’ saddles stolen in the raid at Nueces town three months earlier.

One Ranger, seventeen-year-old L. Berry Smith, who wanted to be in on the action, also died in the fighting.  He was the son of camp cook, D. R. Smith and the youngest Texas Ranger ever to die in the line of duty.  Smith was apparently too inexperienced to fully appreciate McNelly’s terse orders because he got too close to a wounded Mexican bandit; the bandit killed the boy before Smith even knew what was happening.  Berry Smith was buried in the northwest corner of the Brownsville cemetery on June 16, 1875 with full military honors.

Further north and west along the Rio Grande River, McNelly was confronted by a band of outlaws led by General Juan Flores Salinas. This gang did not have the manpower of the Cortina’s gang, but was every bit as ruthless. The Salinas gang was headquartered at Camargo, Mexico, directly across the border from the US Army outpost of Ringgold Barracks, near Rio Grande City.  This confrontation is known as the Las Cuevas War, which occurred in November 1875.

McNelly and his rangers entered Mexico on November 20.  Under cover of brush and scrub oak, they made their way on foot to the Salinas stronghold at the Rincon de Cucharras outpost of the Las Cuevas ranch. Confronting the outlaws, McNelly demanded the return of stolen cattle and horses.  The ensuing gunfight pitted rangers against an estimated four hundred of Salinas’ men.  Fearing that mounted Mexicans would surround his men, McNelly ordered his men to pull back to the river to make a stand. At the river, about half the US Army’s 24thInfantry Regiment and 8thCavalry detachment, under the command of Lieutenant Colonel James F. Randlett, formed a defensive perimeter at the bank of the river on the Texas side.  In the fight that followed, with the aid of the US Army firing a Gatling gun on the Mexicans, General Juan Salinas (who also served as the Alcalde (mayor) of Camargo) and eighty of his outlaws died on the riverbank.  There then ensued a so-called Mexican standoff, with the Mexican militia retreating to regroup after their leader’s death, and Captain McNelly refusing to back down from his demands on the return of the stolen cattle. Later that afternoon, Major A. J. Alexander from Fort Ringgold arrived with a message from Colonel Potter, who commanded at Fort Brown (today, Brownsville, Texas).  His message, directed to Captain McNelly, was:

“Advise Captain McNelly to return at once to this side of the river.  Inform him that you are directed not to support him in any way while he remains in Mexican territory.  If McNelly is attacked by Mexican forces on Mexican soil, do not render him any assistance.  Let me know if McNelly acts on this advice.”

Captain McNelly responded:

“The answer is no.”

At sundown, another message arrived:

“Major Alexander, commanding: Secretary of War [William W.] Belknap orders you to demand McNelly return at once to Texas. Do not support him in any manner. Inform the Secretary if McNelly acts on these orders and returns to Texas. Signed, Colonel Potter.

In response to this second message, Captain McNelly penned this reply:

“Near Las Cuevas, Mexico, Nov. 20 1875.  I shall remain in Mexico with my rangers and cross back at my discretion.  Give my compliments to the Secretary of War and tell him and his United States soldiers to go to hell.  Signed, Lee H. McNelly, commanding.

After a night’s sleep, Captain McNelly moved his men directly opposite Camargo on the Texas side of the river. It was now Sunday, and the stolen cattle had been moved and penned in a corral, but still on the Mexican side of the border and under guard by plenty of armed horsemen riding herd.  Diego Garcia, a Camargo official next in charge to the dead alcalde, promised to move the cattle across by 3:00 pm. McNelly, however, was suspicious and pulled his men to Rio Grande City to relax while he made his plans.

At 3:00 pm, McNelly returned to the ferry landing, selected sixteen rangers to accompany him, and re-crossed the river in a rowboat.  He also took along five horses.  The squad of rangers included Captain McNelly, Lieutenants Tom Robinson and Jesse Lee Hall (alias Frank Bones), Sergeants George A. Hall, John Barclay Armstrong[11], R. P. Orrell, and Corporal William L. Rudd, and Rangers Lincoln Rogers Dunnison, Randolph D. Scipio, Robert H. Pitts, William Crump Callicott, Thomas McGovern, Horace G. Mabin, James R. Wofford, and interpreters Thomas Sullivan, George Durham, and Jesus Sandoval.  The five mounted men included Robinson, Sandoval, Hall, Armstrong, and Orrell.

The squad of Texas Rangers marched up the riverbank to the customs house and demanded the return of stolen cattle.  When a Mexican captain replied that they didn’t do business on Sunday, the Texans promptly took him prisoner.  McNelly then hauled the prisoner to the Texas side and informed him that if he did not return the stolen animals within the hour or he would die.  McNelly was surprised to learn that rather than the 250 head being returned as expected, more than 400 stolen cattle were crossed back into Texas.  Nearly every brand in the Nueces Strip was in the herd, from the King Ranch’s “Running W” up near Corpus Christi to Hale and Parker’s “Half-moon” brand over near Brownsville.

From among the American outlaws, Lee McNelly’s greatest rival was Texas gunman by the name of John King Fisher[12](referred to as King Fisher) and his band of outlaws.  Although most notable as livestock rustlers, Fisher’s gang rarely raided against Texas civilian populations; they concentrated more on rustling their neighbors of the border.  This added to tensions among the Mexicans living in northeast Mexico and gave an excuse for Mexican bandits to raid inside the United States.

Within one year’s time, McNelly had destroyed both the Cortina and Salinas gangs; he did this by disregarding orders not to cross the Rio Grande River, and by employing stern measures against outlaws, whether from Mexico or the United States.  Following a raid on his ranch by the Texas Rangers, and the arrest of King Fisher, this gang too dispersed and Fisher retired from raiding inside Mexico. McNelly apparently convinced Fisher that continuing raids inside Mexico would not be good for his health.  Fisher later became the Sheriff of Uvalde County, Texas.

Lee McNelly suffered the effects of tuberculosis (called consumption in those days) and because of his ill health, he retired from the Texas Rangers in 1876.  He passed away on September 4, 1877 at his home in Burton, Texas.  He was survived by his wife Carey Cheek McNelly and two children. He is remembered as a tallish, thin man with a quiet manner and a soft voice.  Apparently, his bite was much worse than his bark … and despite modern-day criticism of the techniques he employed to restore law and order to South Texas, he did get the job done.  In my view, Leander Harvey McNelly was one of America’s greatest men.

Notes:

[1]The battle involved land and naval forces. As described by the Confederate Congress, “The bold, intrepid, and gallant conduct of Major General J. Bankhead Magruder and other officers and men of the Texan Rangers on January 1, 1863 entitle them to the thanks of the Congress and the Country.”  Galveston, Texas remained in the hands of the Confederate forces throughout the balance of the war.

[2]Now, Valverde, New Mexico

[3]Now, Morgan City, Louisiana.

[4]In April 1865, an unarmed Major General Wharton was killed by Major General George W. Baylor over a personal quarrel, a so-called an unpleasant misunderstanding of military matters.  Baylor was acquitted of murder in 1868.

[5]McNelly captured 380 Union troops at Brashear City, Louisiana.

[6]The origin of the term Jayhawker may extend back to the American Revolution when it was used to describe a group of men associated with patriot John Jay.  During the Civil War, the term applied to militant bands affiliated with anti-Slavery free-soilers.  During the war, a Jayhawker was a guerrilla fighter.  Today, Jayhawk is a nickname for native-born Kansans.

[7]The Sutton–Taylor feud arose from a growing animosity between the Texas Taylor family —headed by Pitkin Taylor, the brother of Creed Taylor (a Texas Ranger)— and local lawman, William E. Sutton —a former Confederate soldier, who had moved with his family to DeWitt County intending to raise cattle.  Sutton had been elected deputy sheriff in Clinton, Texas prior to the feud’s inception in 1862.  The feud lasted almost a decade and has been called the longest and bloodiest in Texas history.

[8]The Nueces Strip or Wild Horse Desert is the area of south Texas between the Nueces and Rio Grande Rivers.  The Republic of Texas claimed the Rio Grande River as its southern border, while Mexico claimed the Nueces River (150 miles north of the Rio Grande) as its northern border.  Both countries invaded it, but neither controlled it nor settled it. The Nueces Strip was the scene of the first fighting in the Mexican-American War of 1846.  In the Treaty of Guadalupe Hidalgo, signed in 1848, Mexico ceded the Nueces Strip to the United States.  Ever since then, the Nueces Strip has had a reputation for lawlessness and smuggling; it was the primary zone of operations of the Texas Rangers.

[9]General Cortina was a Mexican rancher, politician, military leader, outlaw, and folk hero in Mexico.  He was an important caudillo, military officer, and regional governor who effectively controlled the Mexican state of Tamaulipas.  In borderlands history he is known for leading a paramilitary mounted Mexican militia during the so-called Cortina Wars. These wars were raids targeting Anglo-American civilians whose settlement Cortina opposed near the several leagues of land granted to his wealthy family on both sides of the Rio Grande.

[10]A type of oxbow lake that can be found in the southern half of Cameron County, Texas.  Resaca’s constitute former channels of the Rio Grande River, are naturally cut off from the river, and having no inlet or outlet.

[11]Armstrong was later instrumental in the capture of famed outlaw John Wesley Hardin and the killing of outlaw Sam Bass near Round Rock, Texas.

[12]By the late 1870s, Fisher had earned the reputation of a fast gun.  In 1878, an argument between Fisher and four Mexican vaqueros erupted. Fisher is alleged to have clubbed the nearest one to him with a branding iron, then as a second drew a pistol Fisher drew his own pistol and shot and killed the man. He then spun around and shot the other two fellows, who merely sat on the fence during the altercation and had not produced any weapons.  Fisher was arrested several times for disputes in public by local lawmen and had been charged at least once with “intent to kill”.  Quite often, chargers were dropped against Fisher when no witnesses came forward to offer testimony.  Although well known as a trouble maker, Fisher was well liked in south Texas.

 

Posted in History, Justice | 7 Comments

Evaluating the Apple

A good friend recently sent me a book review by Mark Bowden, which I can only assume appeared in The Atlantic.  Bowden is best known for writing Black Hawk Down: A story of Modern War.  The subject of Bowden’s review is a book titled Eat the Apple: A memoir, by Matt Young.

Bowden begins,

“The trouble with writing the unvarnished truth in a memoir is that it requires you to be hard not only on others, but also on yourself.  Matt Young’s inventive, unsparing, irreverent and consistently entertaining [book] is that, but it is also a useful corrective to the current idealization of the American soldier —or in this case a Marine.  Patriotism and respect for the military is so high in this country that we have lately held a national debate over whether professional athletes should be required to stand for the national anthem.  Men and women in uniform are given preference in boarding airplanes and are so routinely thanked for their service that the expression has become rote.  Each new season brings a crop of movies and glossy TV serials dramatizing the heroics of our Special Operations.”

“[Matt] Young see’s hollowness and potential harm in this.”

“Enforcing the idea that every service member is a hero is dangerous; like creating of generation of veterans who believe everything they did was good,” wrote Young.

Bowden tells us that Matt Young wants to warn us of the dangers in creating an army of fanatics.  “[Military] service deserves respect, of course, but it does not in itself guarantee stirring and selfless acts of bravery.”

24th Marine Expeditionary Unit table 3 rifle range shootI’m quite sure that I won’t read Matt Young’s book.  I already know about military service and I might even suggest that I completed my career long before Mr. Young enlisted.  Still, some things go without saying.  Given the nature of our Armed Forces, and the fact that the military services host hundreds of occupational specialties —all of which support the efforts of front-line forces— only  about one-third of our 1.4 million military service members serve in the combat arms … which is the place where we’ll find most heroes if we happened to be looking for them.  Nevertheless, courageous acts aside, very few of these selfless individuals are without sin.  A split second of bravery doesn’t make a soldier a good husband, a good father, or even a trustworthy friend.

Now about those fanatics Mr. Young is worried about.  I am unable to speak about the other services, but I can say that it is the purpose of Marine Corps training to turn every Marine into a lethal killing machine.  This is how battles are won.  If it is fanaticism, it is necessary to the success of combat units (and their combat/service support attachments).  If at some future time, as a matter of national policy, we intend to arm milquetoast youngsters with weapons and send them into harm’s way, then our nation will no longer deserve an elite combat force.

Nevertheless, the Marine Corps isn’t everyone’s cup of tea.  Roughly 40% of Marines reenlist after their first enlistment, which means that around 60% of everyone who joins the Marine Corps end up leaving at the end of their term of service.  Of those who end up getting out of the Corps, probably less than 20% later whine about their service as American Marines.  Once a first term Marine decides to leave the Corps, it almost isn’t relevant what it was that he or she did while wearing the uniform.  One thing does remain, however: this individual became a United States Marine —and he or she will always be a United States Marine— even if a chronic complainer.  If there is one thing that every Marine has in common, whether an officer or an enlisted man, it is the amount of complaining they do.  If you find a Marine who isn’t complaining about something, keep an eye on him —he’s probably stealing from the supply section.

Still, no matter what Matt Young says in his book, it isn’t enough to join the Corps.  Almost anyone can do that.  Moreover, almost anyone can end up in a combat unit.  What matters to me is an honest answer to these questions: Have you served honorably and faithfully in an extremely chaotic environment over an extended period of time?  During your service as a Marine, did you keep faith with your fellow Marines, past and present?

One will note that I didn’t say it was necessary that the Corps keep faith with us … only that we Marines keep faith with each other because this is the foundation of our brotherhood; this is what the Marine Corps has always been about.

0311-002I do have a bother, however —it is this: young Marines returning from combat, where they formed intense bonds with their fellow Marines, who suddenly find themselves isolated in a completely different environment.  Many of these young men are soon released from active duty and find themselves in the midst of a society that does not understand what they’ve just been through or the things they did for their country.  They are at a place where there is no safety net, and where no one is watching their six —a place where many young men and women struggle to maintain a sense of who they once were only a short time before.  We seem to have plenty of time for classes on gender and civility, but there appears to be no time at all for combat decompression.  Ours is not (and never has been) a good transition.  We (the Marines) could do a lot better in this regard.  Personally, I see this as a monumental failure of senior leadership.

Note:  The photograph that appears within my last paragraph is that of the iconic James Blake Miller, a Marine who fought in the Second Battle of Fallujah.  The photograph was widely published in the American press; he was tagged “Marlboro Marine.”  Jim Miller suffers from PTSD and is now in recovery.  In my opinion, senior leaders in the Marine Corps deserted this young Marine when what he needed from them was the kind of leadership espoused by Lieutenant General John A. Lejeune, our 13th Commandant.  We talk about this leadership annually as part of our celebration of the Marine Corps Birthday.  Apparently, modern leaders of the Corps would rather talk about it than to act on it.  In my opinion, Jim Miller is one of our greatest of men.

 

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