Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1901-12-04
#tistellaneoas geading.
TRIAL OF CLAIB HERBERT.
A Remarkable Scene In q Texas
Court of Justice.

IA Remarkable Scene In a Texas
Court of Justice.
General George F. Afford, Of Dallas,
Texas, has told many good stories to
the press, but the following is among
his very best. He says it is not origi-
nal, but his friends who know his pc
culiar felicitous style will not believe
it. The general Is one Of the oldest
residents and best known men in Tex
asa scholar poes statesman and pa
triot.
The name Of Jones Rivers awakens
in the minds of many Of the older res
idents Of Texas, and especially Of the
older members Of the bar, memories of
the wit, orator and lawyer who played
so conspicuous a part for many years
in the courts Of Texas, and more par
the Brazos and Colorado rivers, thirty
or forty years ago. Bright, joyous and
witty, even the approach Of death
could not conquer or repress his natu-
raj exuberance Of spirit; for when, on
cold, dismal evening in November,
in the then dreary hamlet of George
town, now a prosperous city, he was
told that his hour had come, he met
the relentless messenger with a smile,
jested in his very face, and, with a
witticism upon his lips, passed into the
land Of shadows.
He was genial in manner, eloquent
in speech, forcible in argument and
strong in everything save the power to
resist the seductive influences Of the
Intoxicating cup. He possessed in an
eminent degree the divine afflatus"
that belongs as TRULY to the natural
orator as to the true poet; and when
enlisted in a cause that aroused his
sympathies, or when he felt the stimu-
lating influence Of the wine cup, he
could, with dramatic skill, touch the
hearts of his hearers, and by the mes
meric fervor Of his matchless eloquence
stir their deepest emotions. This ir-
resistible power was never more sig
nally displayed than in the defense Of
his friend, Colonel C.. C. Herbert, ia
miliarly known as "Claib Herbert" in
the district court Of Colorado county,
more than third Of a century ago.
| Claib Herbert was a superb type Of
a Southern planter under the old re-
gime. Born in Virginia, reared in the
fertile fields and genial climate of Tex
as, with a big heart in a brawny, mus
cular body, he was hospitable, liberal,
generous, brave and sympathetic. He
lived on his beautiful plantation on the
banks Of the charming Colorado, just
below the town ct Columbus. A man
Of learning and influence. he served as
representative in the Texan legisla-
ture and the Confederate congress,
and held a commission as colonel in
the southern army. The family was a
distinguished one in the annals Of Vir-
ginia, of Texas and California; his
brother Colonel Phil Herbert, having
been a member Of the national con-
gress from the last named state before
the late war between the states. and
was killed gallantly leading his regi-
ment Of Texas cavalry In desperate as
sault upon Fort Butler.
AS Claib Herbet sat one day at his
table, with a number Of guests, the
meal was interrupted by the appear
ance at the door Of a little boy, per-
haps years Of age, an orphan, who
lived with a neighbor named Howard
in the relation Of ward or appren-
tice. The child was crying bitterly,
trembling, and seemingly frightened
and suffering. Herbert questioned him
and the boy said between his sobs that
Howard had beaten him numerically
and without cause. Herbert carried
him into an adjoining room, examined
him, and found his body cruelty striped
and bearing other evidence Of severe
punishment. The kind planter sooth-
ed him, and, seating him at the table,
assured him of protection. and endeav-
ored to quiet his fear that Howard
would pursue and carry him back.
This Howard was a Yankee, of the
Mayflower type, representative Puri-
tan, pharisaical in pretentions, sancti-
monious in manner solemn in visage.
with a drawing, nasal mode Of speech,
and a countenance that was a perpetu-
al Interrogation point. Of cruel ma
ture, he was destitute Of bowels Of
compassion, having apparently but one
bowel, and this seemingly Illustrated
the maxim of geometry which affirms
that the shortest distance between two
points Is straight line.
The boys fear Of pursuit was not
without cause Hardly was the dinner
finished when Howard rode up to the
gate and called for Colonel Herbert,
who responded with promptness. How
ard inquired whether he had seen the
boy, adding that it had been necessary
to chastise him severely that morning,
and that afterward he had ran away,
and he had traced his bare feet coming
in that direction. Herbert made no re-
ply, but walked quietly out through the
open gate-seized Howard as he sat
on his horse, pulled him off, and gave
him then and there and unmerciful
fogging, saying as he released him:
THAT will teach you not to beat an
other child, you Internal scoundrel!
Howard remounted his horse and
rode away without indulging in any
| remarks.
The district court was then sitting
in Columbus, the seat of justice in
| Colorado county, Howard proceeded