The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1874-08-22

? cOrding to the "code" of those DAYS
Ross became the challenger in lieu o
Sweitzer aud McCulloch accepted.
The met, attended by their seconds
near the town of Gonzales, and fought
with rifles. McCulloch was terribly
wounded i'm the right arm, the ball
passing from the wrist to and through
the elbow, tearing the nerves asunder
Soon after, Ross joined an eXpedi-
tiOa To Mexico rs captain of cOmpa-
ny in aid of the federal or liberal party,
i'll the then pending or civil war OF
that country. In November he per-
formed II gallant and conspicuous part
i'm what has since been known rs the
battle of Alier-uot that famed battle
of Mier of Christmas, 1912, where the
Texans surrendered-but twelve miles
west of NIicr, where Colonel Iapata, a
Mexican patriot, commanded his own
people, with Texas reinforcements
against the central commander, Colonel
Pabon, in which, after bloody con-
test of many hours, the patriots We're
victorious.
But the central power was too strong
and soon after the Texan volunteers
returned home. Colonel Ross reached
Gonzales in DeccmDe and took up his
abode with Il friend in that town. Ben
McCullOch was then in attendance at
the first congress ever held in the city
of Austin, his arm yet in II sling from
the wound received the previous Sep
TEN Der at the hands of Colonel Ross.
The events narrated had begotten two
local parties in Gonzales, known as the
Gross or Sweitzer party" and the "Mc-
Cullough party" Good citizens he.
longed to each side, ond the best of
citizens on each side deplored the con-
dition of things, for they had II high
respect, in some sense, for Mccullough,
Sweitzer and Ross. The great differ
ence was that Ben Mccullough never
drank liquor and was always cool,
well poised man, while Sweitzer and
Ross both INDUCED in that dangerous
cup which, when adulterated by pois-
on, makes honorable men madmen.
Thus matters stood on Christmas
day, 1899, when several couples of
young ladies' und gentlemen had pass
ed alright under tie hoSpitable roof of
Judge Bartlett ID. Mcclure, on Peach
creek, ten miles east of Gonzales. Dur
ing the day they agreed to go into
Gonzales and have II Christmas eve
dance mt the house of IL friend, in the
eastern suburbs Ofthe town. The home
stead consisted of one large log room
and log Kitchen twenty PAGES away
in the yard.
Arriving at the house, invitations
were sent out to the youth of the town
to come and join in the rural pleasan-
tries, and various ones of both sexes
repaired to the place. In due time
dancing commenced, and everything
went off pleasantly till Colonel Ross
and Captain Sweitzer, uninvited from
prudential motives, appeared in the
room, both somewhat intoxicated.
Among the young men were Henry
T.. McCulloch, c. c. Colley, James =.
Kinkennon, Osborne and Others.
The festivities We're marred 10y the
uninvitcd presence of Colonel Ross and
Captain Sweitzer, bat the better judg-
ment of these young men prevailed
over their impulses, and the party pro-
gressed until the conduct of Colonel
Ross became so gross that the young
men said /: "Ladies, if you will retire
into the kitchen we will protect you
| from further insult.h
| The ladies retired to the kitchen and
! the young men planted themselves at
the door to prevent further Intrusion.
| In few minutes Colonel Ross came to
the door and sought to enter. Henry
McCulloch said: "Colonel Ross, the
ladies have come here for refuge; YOU
cannot come in" every well, gem
tlemen," said Ross, "if bullying is
your game, am ready" at the same
| drawing a pistol in each hand, and
while presenting them in the act of fir
ing, McCullOch SAID: "Well, if il has
! to he, let il be.n with the words firing
the only shot he had from n single bar
rel pistol, the ball piercing Ross, breast,
who fell dead, his BODY across the door
sill.
Henry McCulIoch at once surrender
ed to the proper authorities. A writ of
haheas cormis was sued ont before the
district iudue. px-Goycruor lanes W.
Robinson. resident of Gonzales. Judge
Robinson, ON account of his known
| friendship for the NIcCullocbs. very
properlv made the writ returnahle TO
| The supreme court at IFS then first ses-
sion in the rpnublic CRusk. chief ius-
tirel i'm Austin
Tie writar then hoy arrived in
| GouyoIes n few dnys l,tar ON route for
the newly located capitoi nj the city
oc Austin and ihe Indians bainp thcn
much dreaded wn formed n common
nartv for the trim. Judge Robinson, of
! The district conf Major James Kerr, of
Jackson. John s. Stumns. sheriff of
Gonznles county. Henry +. Mct'ulloch,
lanes p Kinkennon. G. &. Collcv.
tho writer and nerhons ou, ar two
o,hers .nodc mn The pprty
Ar Austin. Jrdre Robinson resigned
and president Lamar appojnted the
/ Han Iohn UnnnbiIl os his successor.
! Mcc,ulloch cave bond for his nppear-
,nre ot the next term of the Gonzales
district court and when the time ar
rived he Was tried before the district
court. Judge He,nphiL presiding. The
I nroof ON the trial ei;citcG The material
facts bereinbefore set forth. The jury,
! composed of twelve of the hest men of
Gonzales comfy, promptly returned Il
verdict of not guilty, aud Henry Me-
Culloch stood forth u free man, com
mandinp the respect of every respecta-
BILE man in the land.