Submitted by Clay Riley – One of the most famous trials of the 1870s in Texas was the trial in Comanche of John Wesley Hardin for the murder of Brown County Deputy Sheriff Charles M. Webb.
Charles Webb, despite his young age, had been a Texas Ranger Sargent prior to being hired as a Deputy Sheriff, by Brown County Sheriff James H. Gideon.
Webb had previously served as 1st Sargent in Lieutenant James G. Connell’s Company C, Frontier Battalion of the Texas Rangers, stationed in central Brown County. While serving in that capacity, the newly appointed Ranger Captain of the Frontier Battalion John B. Hughes, on an inspection tour of the Ranger Camps under his command, came through the Connell Camp, and found it “absent of command and not in order.” He subsequently relieved Connell of his command and Webb of his commission.
Securing a job as Deputy Sheriff of Brown County, Webb had not been in the job long when the tragic events in May of 1874 took place, in which John Wesley Hardin and others, killed Charles Webb in Comanche.
Contemporary newspaper reports of the time gave details of the trial, from reporters being sent from cities all over the state. This account from is from newspaper reporter “W. A. F.”, of the Galveston Weekly.
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SPECIAL CORRESPONDENCE
TRIAL OF J. WESLEY HARDIN
The Noted Desperado Convicted of the Murder of Webb at Comanche and Given Twenty-Five Years in the Penitentiary.
Comanche, Texas, October 2, 1877.
The trial of John Wesley Hardin, the champion desperado and one of the most noted personages in Texas, is over, and the intense excitement which prevailed throughout this county during the last week is subsiding. The trial occupied two days – Friday and Saturday – and a good portion of each night, and was attended by the largest body of spectators, perhaps, that has ever been assembled in this county upon a similar occasion.
Friday morning, immediately after court was opened, the case against John Wesley Hardin was called, and the State’s attorney announced ready for trial, and somewhat to the surprise of everybody but themselves and their client, Hardin’s counsel made the same announcement. The prisoner was then arraigned, and in response to the reading of the indictment responded “Not guilty.” The indictment charged John Wesley Hardin and James Taylor with having murdered Charles Webb, in Comanche County, on the 26th day of May 1874.
More than half of the day was occupied in obtaining a jury, but it is a remarkable fact that but eight peremptory challenges were made by the prisoner’s counsel and four by the prosecuting attorneys, and yet it is doubtful if a fairer or more impartial jury could be found in any county in the State to try John Wesley Hardin.
The substance of the testimony was that Hardin and others of his party had been heard to utter threats against the deceased – his brother having remarked when a party of them were together, that “We’ll get away with them (Webb and others) at the proper time and place.” On the day of Webb’s death Hardin, Taylor and others of the party had been holding private conversations, and that Hardin accused Taylor of having “gone back upon him” in failing to be present at a place where, as Hardin remarked, “You know I expected a difficulty.” A few moments before the killing of Webb, Hardin, and Taylor were standing near a saloon, with other parties, and looking down the street, saw Webb approaching them. He turned to Taylor and remarked, “Did you ever see anything working up finer in your life!” Webb came on and started to go into the saloon, passing near Hardin. The latter detained him, asking him if he was not the Sheriff of Brown County, Webb replied: “No, I am the Deputy Sheriff.” Hardin then said, “I understand you have papers for me.” Webb responded that he did not know him. Hardin then said, “I am that d___d desperado, John Wesley Hardin. Now you know me.” Webb then informed him that he had no papers for him. Hardin then demanded to know what Webb had in his hand, in which he held nothing but a cigar. Hardin then said, “I have heard that you said that John Carnes, the Sheriff of this county, is no man and no sheriff.” This Webb also denied.
At this time Judge Thurmond, of Brownwood, who was standing in the street, called to Webb, saying, “come here Charlie,” at which Hardin turned to Thurmond, saying, “you go on; we are attending to Charlie now.” Webb started to go to Thurmond, but was again detained by Hardin, who remarked, “No, G__d__ you, I am not afraid of you.” And drawing his pistol at the same time. The pistol fired accidentally as he drew it from his scabbard, and Hardin, Taylor, and Dixon fired at the same time, their shots taking effect, Webb falling to the ground. Webb fired one shot after he fell, when Taylor advanced upon him again, killing him instantly.
Hardin presented an indifferent, fearless countenance while the above testified, and when one important witness was on the stand, turned to him and gazed steadily in his face, with the evident purpose of looking him out of countenance.
The evidence was closed Friday night, and when court opened the next morning, N.R. Lindsey, Esq., County Attorney, arose and made the opening argument for the State. His statement was a masterly effort and was commented on generally as reflecting the highest credit upon one so young in the profession. He was followed by other counsel representing the State and the defense. Eminent counsel appeared on both sides, the State is represented by the County Attorney, Mr. Lindsey, S.E. Buck, Esq., District Attorney, Hon. J.D. Stephens, of Comanche, and Col. S.P. Burns, of Brownwood, and the defendant by Hon. W.S.J. Adams, of Comanche, Judge S.H. Renick, of Waco, and Mr. Lipscomb, of Brenham.
The argument of counsel closed about eight o’clock Saturday night, and after the Judge had delivered his fair and able charge, the jury retired. They remained out about an hour and a half when it was announced that they had agreed upon a verdict, and shortly afterward they returned the following verdict;
We the jury find the defendant guilty of murder in the second degree, and access his punishment at confinement in the penitentiary at hard labor for twenty-five years.
D.L. DODDS, Foreman
Hardin was greatly disappointed in the verdict, but manifested no feeling in the courtroom, having been warned by an officer that such an action on his part might have an influence on the crowd present dangerous to his safety. He wept bitterly after he was returned to jail, and complained that the jury had been too hard on him.
Great fears were entertained by the officers that a mob would undertake to lynch the prisoner, and the fact has since developed that such an organization had really been formed in some of the western counties, for the purpose of hanging the prisoner if the jury acquitted him. The jury knew nothing of this, however, and was uninfluenced by public sentiment in deciding upon their verdict.
In conversation with your correspondent, Hardin stated that his trial had been fair as he could expect, considering the fact that they were not trying a man charged with a crime, but John Wesley Hardin, He seemed very grateful for the treatment he received here, and stated that he had no fear of a mob from this county, but feared the people of Brown and Coleman counties. He indulged in several fits of weeping and evidently felt the punishment of death could not have have been much worse than he is to receive.
His counsel filed a motion for a new trial, which was argued Sunday but overruled. An appeal has been taken, and so the punishment of John Wesley Hardin for the many crimes with which he is charged is not yet certain.
He was taken Monday by Sheriff Wilson, aided by twenty Rangers under command of Lieut. Reynolds, back to the Travis County jail, where he was ordered for safe keeping. His removal has restored our village to its usual order and quiet. – W.A.F.
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Hardin after appeals were denied, was delivered to the State Penitentiary at Huntsville to begin his sentence. His prisoner record from the Huntsville archives shows a troubled and troublesome prisoner. He was punished, usually by lashes, for offenses such as gambling, inciting other prisoners, refusal to work, etc. He was pardoned February 17, 1894, after serving almost 17 years.
Hardin took up residence in El Paso, Texas after his release. He had several run-ins with the local police over a “no gun ordinance”. Having heard that Hardin was again wearing a gun in the city, Constable John Selman of the El Paso Police, went looking for Hardin. He found the famous gunman throwing dice at the bar of the Acme Saloon. Without a word, Selman walked up behind Hardin and killed him with a shot in the head., August 19, 1895, aged 42 years. He had been out of prison for 18 months when he met his end.
The Brownwood Masonic Lodge retrieved the body of Deputy Sheriff Charles M. Webb from Comanche and took charge of his burial in Greenleaf Cemetery in the old Masonic Section. He is the second recorded burial in the cemetery.
Source; Hardin photo-Portal of Texas History.
The Galveston Weekly – October 2, 1877.
Frontier Times Magazine – July 1927
Prison Record – Texas State Library
This and many other stories are available at the Brownwood Public Library – Genealogy & Local History Branch at 213 S. Broadway. Volunteers from the Pecan Valley Genealogical Society are there to assist you with your family or local history research.
Clay Riley is a local historian and retired Aerospace Engineer that has been involved in the Historical and Genealogical Community of Brown County for over 20 years.
Should you have a comment, or a question that he may be able to answer in future columns, he can be reached at; pvgsbwd@gmail.com.
