Grayson County TXGenWeb



The Galveston Daily News
Galveston, Texas
Tuesday, July 9, 1895
pg. 2

KILLED AT SHERMAN
A Family Feud Leads to a Terrible Tragedy in the Shadow of the Court House.

SISTER'S GRIEF AND TEARS.
The Slayer Makes a Statement of His case, His Wife Calls on Him in the Jail.

Sherman, Tex., July 8 - Charles Koch was shot to death in the court plaza at 2:20 p.m. by Will R. Gaines.
About three years ago Will Gaines married Miss Lou Koch, sister of the deceased, Charles Koch. Probably a year later, in a difficulty in a saloon at Van Alstyne, Koch shot Jim Gaines, a brother of  Will Gaines, from the effects of which he died. From that day to this a bitter feeling has existed between Charles Koch and Will Gaines. Koch was arraigned on the charge of murder and received acquittal at the hands of the jury.
Koch was forbidden to see his sister by Gaines. Driving up to the residence of Gaines, Koch called for his sister and Gaines opened fire on him, it is alleged, shooting five times. Koch, for some reason, did not return the fire, as he subsequently explained, for fear he might kill his sister. Gaines was arrested for this offense, indicted, and was here to-day to answer to the criminal district court for the offense. Koch left the court room only a few minutes before the shooting took place and walked out the north door of the court house. Gaines had been talking to some friends on the north side of the square and said he would go over to the court house and see if the case would be called. The two men met just as Koch was stepping to the sidewalk from the crossing. Gaines fired at Koch, who wheeled about and ran back toward the court house. Gaines fired three more shots at the fleeing man who grew weaker with every step and sank down just inside the court yard and died in a few minutes. The first shot fired
took effect, for a great spurt of
blood came from Koch's mouth after he ran a few feet. Patrolmen Patterson and Etler ran to Gaines and disarmed him. The officers rushed the prisoner off to jail at once, while a great crowd thronged about the gasping, bloodstained form in the court yard. A woman with tears streaming down her cheeks and agonizing cries came across the plaza unmindful of the mud and excitement, calling out, "On, my brother!"
The throng, which
the patrolmen could not control and which filled every space from which the body could be located, fell back, and the distracted woman came near to the body of her brother.
The body of Koch was carried to the undertakers and prepared for burial, and later on Mrs. Gaines came back
from the prison, where she had gone to see her husband. and was admitted to the undertaker's
establishment.
She knelt by the casket and kissed the silent lips, begging them to speak to her once more.

She recalled aloud all his tender brotherly love and care for her, how he had always cheered her with the assurance that he would always be by her side in trouble. The spectators gave way and wept with her. Then
they carried her away and closed the casket, but tonight the sister hovered near the box at the depot and accompanied the body home to Van Alstyne. At the prison a News reporter saw Gaines, who said: "I don't care
to say much about the case, but I will show the press the courtesy to make a brief statement of what
I think the public is entitled to know of this affair. I have been warned to-day, as I have for some time past, of threats on the part of Koch to take my life. I did what occurred to-day because I did not want to be killed myself."
He then asked the reporter to see his wife and send her down to the prison. When Sheriff Hughes and Chief of Police Blain picked Koch's body up a 45-caliber Colt's was found stuck down in the waistband of his pants. It is an exact counterpart of the one with which he was slain. All eye-witnesses say that he never attempted to use the pistol, however.
Mrs. Gaines seems determined to find surcease from her troubles in self-destruction. She made a futile attempt this afternoon to jump into a well at the Wheat house and was restrained. To-night at the union depot when The Dallas News train was pulling in she tried to jump in front of the engine, and it required the strength of a gentleman who was within arm's length of her to prevent her from meeting a horrible death under the wheels.



The Sunday Gazetteer
Sunday, July 14, 1895
pg.4


The Jaines [sic] Murder Case
The case of the State of  Texas vs. Wm. Gaines charged with the murder of Charles Koch was called in the District Court Thursday afternoon.  The defense was represented by Messrs. Standifer and Eppstein of this city and Hazelwood & Smith of Sherman.  The attorneys asked for a change of venue, which was refused by Judge Bliss.  They then asked for a continuance, which after a recess of 30 minutes, was overruled.  The work of securing a jury commenced Friday morning.



The Democrat
McKinney, Texas
November 21, 1895
pg.1

The Gaines Trial
The trial of W. R. Gaines for the killing of his brother-in-law, Chas. Kock, in Sherman last summer has elicited much attention throughout the state, especially in and around McKinney where all parties to the unfortunate affair are well known. Chas. Koch, the murdered man, and his sister, Mrs. Gaines, wife of his slayer, were orphan children who lived several years with kind friends about six miles east of McKinney where they grew to young manhood and womanhood. The devotion of the orphaned brother and sister to each other was remarked upon by every one who knew them. In this community Gaines wooed and won the heart of his bride. The inheritance of Koch's and his sister's large fortune soon after her marriage to Gaines is still a matter of occasional gossip and comment among the people who also have known of the friction existing between Koch and his brother-in-law. Charlie was a kind-hearted boy who had probably departed from his more docile traits of character after inheriting his fortune
but nevertheless his tragic death cast a pall of
sadness over the hearts of all his old-time boyhood friends in this section.
After a most exciting trial in the district court of Grayson county, Judge Bliss presiding, Gaines was declared
guilty by a jury of his peers, as reported in last issue of the The Democrat, of murder in the first degree and
punishment for life. Gaines was defended by the ablest legal talent at the bar, his council consisted of Judge B. R. Hazlewood, Hon. C. H. Smith, Judge P. B. Muse, Capt. J. D. Woods of Sherman, Col. I. M. Standifer of Denison and Hon. M. H. Garnett of McKinney. But all the efforts of his zealous attorneys availed but naught unless, mayhap,
they saved his neck. So unless the higher courts to which his case will be appealed,
sets . . . this verdict Chas. Koch's murderer will atone for his crime in . . . sacrifice during the remaining years of his life.



The Democrat
McKinney, Texas
Thursday, January 6, 1898
pg. 2

The trial of W. R. Gaines, charged with the murder of Charley Koch, in Sherman a few years ago, will begin in the district court at Sherman, Jan. 17. Gaines was formerly convicted but the supreme court reversed the decision
and remanded for a new trial.




The Democrat
McKinney, Texas
Thursday, January 27, 1898
pg. 2

Verdict in the Gaines Case
Sherman, Tex. Jan. 25 - After remaining out since 2 p.m. the jury in the case of William R. Gaines, charged with the murder of C. H. Koch in this city on July 8, 1895, returned the following verdict: "We the jury find the defendant guilty of murder in the first degree and assess the punishment at confinement in the state penitentiary for life.
J. F. DAVIS

This is the same punishment assessed by the jury in a former trial. It is understood that a motion for a new trial will be filed at once. The prisoner made no comment on the verdict.



Newspaper Unknown
February 6, 1900

Bench Warrant for Gaines
Sherman, Tex., Feb. 5 - Sheriff Shrewsbury left last evening for south Texas, but will return by the Rusk penitentiary, where he will take in charge William R. Gaines, for whom he holds a bench warrant issued by Judge Bliss of the District Court and directed to superintendent of the Rush penitentiary. Gaines is serving out a sentence for an assault to murder, C. H. Koch was afterward killed. It is charged in the indictment by Gaines, and he is to be tried for it at this term of the District Court.
 

Convict Record, Texas State Penitentiary, 1875 - 1945
at Huntsville, Walker County, Texas

Registered No.
14667
Name
William Gaines
Age
33
Height
5' 7 3/4"
Weight 150
Complexion
Lgt
Eyes
Blu
Hair
Brn
Marks on Person
Right little finger crooked.
Scar on left hand 1" long.
Cross scar over left eye
#7 shoes
Marital Relations
Yes
Use of Tobacco
No
Habits
Tem
Education
Poor
Able to Read
Yes
Able to Write
Yes
No. Years in School
X
Date of Birth
1864
Birthplace
Tenn
Birthplace of Father
Tenn
Birthplace of Mother
Tenn
Occupation
Labr
Time of Conviction
Sentenced Aug 17, 1895
Affirmed Oct 14, 1896
Offense
Assault to murder
Term of Imprisonment
4 years
County
Grayson
Residence
Van Alstyne
Plea
Not Guilty
When Received
Feb 11, 1897
Expiration of Sentence
Oct 14, 1900
Remarks
Discharged April 27, 1900



Sherman Daily Register
Sherman, Texas
Tuesday, September 25, 1900

pg.4

IMPORTANT CASES
Set for Trial in Criminal District Court

The following cases of importance have been set for in the Quirinal district court: Bill Gaines charged with murder of Charles Koch, set for Oct. 22, venire of 240 men.



Sherman Daily Register
Sherman, Texas

Sunday November 18, 1900
pg.1

Wm. R. Gaines, charged with the murder of his brother-in-law, Charles Koch, has obtained another continuance
of his case, which was set for last Monday. It goes over to the next term.



Dallas Morning News
Dallas, Texas
February 10, 1901

GAINES MURDER TRAIL

Case Was Given to the Jury at Sherman Yesterday Afternoon
Special To The News
Sherman, Tex., Feb 9 - The cause celebre of the State of Texas vs. William R. Gains, charged by indictment with
the
murder of his brother-in-law, Charles H. Koch, in this city July 8, 1895, has attracted hundreds of spectators to the District Court room today to hear the closing arguments.
At 2 p.m. the jury was charged by Judge Russell and retired. Twice before the defendant has been on trial for the same offense and each time  he has received a term of life imprisonment and both times the higher courts have set aside the verdict of the trial court at Sherman.



The Sunday Gazetteer
Denison, Texas
Sunday, February 3, 1901
pg 4

Quite Romantic

W. R. Gaines was in the city this week in consultation with one of his attorneys, Col. I. M. Standifer. His case, wherein he is charged with the murder of C. H. Koch, is set for Feb. 5th. It will be remembered that he had been tried twice and convicted and sentenced to life imprisonment each time, and each time the higher courts reversed his case. He has gone through vicissitudes, such as would test the nerve of the hardiest of men - and almost make them lose hope.
He has a wife and two children, the wife being the sister of the man whom he killed. His wife did all in her power
for him in his first trial and when he was convicted the second time, she took her children and went
to Indiana to reside, having lost hope of her husband's final release. It being necessary for her to transact her business in her own name and as before stated despairing of her husband's release, deeming his fate as settled to perpetual imprisonment, she reluctantly applied to the courts for a divorce, which was granted, but she never lost regard for her husband. The court of Texas has been stated, decided that Gaines had not been fairly convicted and reversed his case for the second time. By this time a sentence of four years, which has been imposed upon him, had expired and he applied for bond. The bond was set at twelve thousand dollars and good citizens all over the county came forward of their own accord and signed his bond. The signers of the bond are worth near a million dollars
and are men who have known Gaines from his boyhood. They are among the best
and most respected people
of the county and state. Thus after five years of constant drudgery and toil he was
again permitted to breath the fresh air.
There is no cloud but has a silver lining and though hope with Gaines once seemed to have taken its flight, it again returned and blessed this man, for on Saturday his wife and children returned from Indiana. He met them here and took them to Sherman. It was a joyous meeting and for the time all the troubles of the past were forgotten in this happy meeting. When they arrived at Sherman a preacher was called and a second marriage ceremony was performed, again uniting them in matrimony. They started again on the road of life determined to live happily in
the future.

The Gazetteer hopes they will not be disappointed - Denison Gazetteer.
The characters in the above real romance are well know to many of The Democrat's readers. The first marriage of Gaines and his wife occurred at Viney Grove, 6 miles northeast of McKinney in the 80s where Koch and his sister, who were orphans, were reared by an old friend. After her marriage, Mrs. Gaines and Koch fell heirs to a large estate by the death of a distant relative. Gaines and wife, together with Koch, then purchased valuable property near Van Alstyne where they made their home thereafter. Gaines and Koch became deadly enemies. Their feud finally resulted in the tragic death of Koch at the hands of his brother-in-law on the Sherman courthouse plaza and in the presence of a large gathering of people and witnesses assembled at a trial about to had in which Gaines was charged with a previous assault to murder the victim. Upon hearing the news that her devoted brother had been slain at the hands of her husband, Mrs. Gaines made a frantic attempt at self destruction by attempting to fling herself under the wheels of a locomotive at the depot in Sherman. Her rash intention was thwarted however by kind friends who restrained her.



The Sunday Gazetteer
Denison, Texas
Sunday, February 10, 1901
pg. 4

The celebrated Gaines case is again being tried in Sherman. Gaines killed Charley Koch formerly of this city.



The Sunday Gazetteer
Denison, Texas
Sunday, October 27, 1901
pg. 4

The celebrated Gaines murder case is set for trial at Sherman Nov. 4. Gaines shot and killed Charley Koch of this city on the court house square at Sherman about three years ago.



The Democrat
McKinney, Texas
Thursday, November 14, 1901
pg. 3

WILL BE TRIED IN McKINNEY
The Wm. R. Gaines case in which the defendant is charged with killing Chas. Koch in Sherman several years ago, will be tried at McKinney on a change of venue. It has been tried in Sherman several times and each time a new hearing was granted. The defendant and deceased were brothers-in-law. Chas. Koch, and his sister, Mrs. Gaines, many years ago lived on the Houston farm and went to school at Viney Grove, six miles east of McKinney. At that tiime they were poor but a large fortune in Pennsylvania fell into their hands. They moved away from here and lived at Van Alstyne for several years before the tragic affair in their lives. The Democrat is not advised as to the time the case will be tried here.



The Sunday Gazetteer
Denison, Texas
Sunday, December 22, 1901
pg. 1

SCRATCHED FROM THE DOCKET

W. R. Gaines Killed in a Katy Wreck Near Checotah, I.T.
W. R. Gaines was killed in a wreck near Checotoh, I.T., at 3 o'clock Wednesday morning. He was firing the engine
of the train on which he was killed, it was a north-bound freight on the Choctaw division of the M.K.&T. railway.
The train stopped at the north fork of the Canadian river just this side of  Checotah to take water. Gaines took his torch and went out on the water tank of the engine, where he was last seen alive.
The is the sequel to one of the most sensational, if not the most sensational, criminal cases in the history of the state. Speaking of the case the Sherman Democrat says:
The death of W. R. Gaines will recall in the minds of the people of  Sherman and of all Grayson county a tragedy
in which the victim of  Wednesday's accident was one of the principal actors and the scene of which was on the
north side of the public square in this city.
W. R. Gaines and Charlie Koch, brother-in-law, were at one time among the most prominent citizens of Grayson
county. They were wealthy and a little ways east of Van Alstyne stands the magnificent suburban home which
was
erected and lavishly furnished with all modern conveniences by W. R. Gaines. For years ill feelings existed
between the brother-in-law, and trouble was expected between them at all times.
Finally on a charge of assault to murder Koch, Gaines was arrested, tried and convicted, sentenced to the
penitenitary and served four and a half years there for that assault. Returning from the penitentiary, Gaines again...



The Democrat
McKinney, Texas
Thursday, December 26, 1901
pg 5

Gaines Killed
W. R. Gaines, who killed Chas. Koch in Sherman and who had been sentenced to life imprisonment, and who had
been tried three times and who was to have his fourth trial in McKinney the next term of the district court, was killed in a railroad wreck near Checotah, I.T. on the M.K.&T. This ends a tragic life. He took up his residence near Van Alstyne. The feeling between the brothers-in-law had not died out, but instead seemed to grow stronger, until the tragedy referred to in the foregoing resulted.
It was on the 8th day of July, 1895, that Charlie Koch fell at the foot of a tree near the north gate of the Grayson county court house, his life blood flowing from a bullet wound inflicted with a gun in the hands of W. R. Gaines. Koch's sister was near the scene when the tragedy was enacted, and those who witnessed the scene will
never forget the picture of anguish and despair as she knelt over the bleeding, lifeless body of a beloved
brother, realizing at the same time that her husband must answer for the deed.
Gaines was arrested shortly after the killing and on the 13th day of the following November was taken before
District Judge Don A. Bliss to stand trial on the charge of murder. After a tedious and long drawn-out trial,
Gaines was convicted, the jury assessing his punishment at life in the penitentiary. The case was reversed and on the 25th day of January, 1898, was again tried, and again the jury assessed Gaines' punishment at life in the
penitentiary.
As in the first trial of the case there was a reversal by the court of appeals, and for the third time Gaines was placed on trial on February 12, 1901. This trial of the case was before Judge J. Gordon Russell of Tyler.
This time there was a hung jury. Previous to the third trial of the case Gaines was released from jail on a $12,500 bond.
On the 5th day of last month the case was again called for trial before Judge Russell, who upon application granted a change of venue to Collin county, where the case was pending when Gaines met his death.


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