Grayson County TXGenWeb



Fort Worth Daily Gazette
Fort Worth, Texas
Tuesday, August 27, 1889
pg. 2

DENISON KILLING
Charley Bixby [sic] and Two Others Come to the City for Whiskey.
They Get Into a Row with the Officers and Deputy Marshal Hackney Kills Bixby [sic] at the First Fire.

Special to the Gazette
Denison, Tex. Aug. 26 - At 10:20 to-night Charley Bixby [sic}, alias Bob Turnbull, was shot through the head and
instantly killed by Deputy Marshal Henry Hackney. Turnbull, in company with Will Blagg, Will Shakleford and Will Bryant, came to Denison to buy some whiskey. They came galloping down Main street and three of the boys dismounted at Hirche's barrel house. The Gazette man spoke to Bixby and passed out and went down the street. Hearing a noise behind him he turned and saw three men down in the street. One of the men jumped on his horse and tried to pull his pistol from his belt, spurring his horse forward at the same time. Hackney had his pistol out in
a flash, and seeing Bixby trying to get out his gun fired at him, the ball striking Bixby in the left side of his head
and coming out the top of the cranium, scattering blood and brains all around. Bixby fell from the horse a corpse. Officers James and Lawrence were tussling with Shackleford and finally arrested the fellows and put them in jail. But for Hackney's quickness one or two of the officers might possibly have been killed.

Fort Worth Daily Gazette
Fort Worth, Texas
Wednesday, August 28, 1889
pg. 6

Held To Answer

Special to the Gazette
Denison, Tex. Aug. 27 - Deputy Marshal Henry Hackney had a preliminary examination to-day before Judge Cooke for the shooting and killing of Charles Bigbee on Main street last night. Hackney was bound over in the sum of $500 to await the action of the grand jury. Two of the important witnesses were out of town and their testimony could
not be heard.

Fort Worth Daily Gazette
Fort Worth, Texas
Friday, August 30, 1889
pg.5

Sherman, Tex. Aug. 29 - County Attorney Smith was in Denison yesterday looking into the Hackney-Bigbee killing. He reports that public opinion is divided on the subject of the killing.


Sunday Gazetteer
September 1, 1889

The Fatal Six-Shooter
Deputy Marshal Hackney Shoots and Instantly Kills Charles Bigbee While in the Discharge of his Duty 
 
A tragedy unusually sad in its results and attendant circumstances occurred in this city Monday night about 10:30 o'clock.  About this hour four young men named George Shackleford, William Bryant, William Blagg, and Charley Bigbee, residing east of the city, rode into town at an unusual and unlawful rate of speed and thus attracted the attention of the police.  They entered the city through the Crawford street tunnel and making their way to Main street by Austin avenue drove up as far as Dollarhide's gun store and one of them, George Shackleford, dismounted, went inside and asked for some cartridges.  It seems he could not get the kind he wanted, and remounting he rode rapidly, accompanied by the others, down to the Texas Barrel House.  Here, Shackleford, Bigbee and Bryant dismounted, leaving Bigbee in charge of the horses, and entering the saloon, asked for a quart of whiskey.  While they were trading with the clerk in the saloon Marshal James and officers Hackney and Lawrence appeared outside and put Blagg under arrest.  Then James and Lawrence went inside leaving Hackney in the street with the  prisoner and the horses.  "Boys, consider yourselves under arrest," said the marshal, addressing the three men at the counter.  They turned and one of them threw his hand back as if to pull a pistol.  Lawrence threw his gun down on him as he put up his hands.  The other two made a break for the door and ran
into the arms of the marshal.  One of them (Bigbee) broke loose and ran for his horse but the marshal clung to the other and went rolling and scuffling across the sidewalk into the street.  Bigbee sprang upon his horse (which Hackney was holding along with two more by the bridle) and tried to spur it to break loose.  At this juncture Hackney states, he (Bigbee) drew a large pistol and threw it down on James, who was struggling with Bryant a few feet distance, and to save the life of a brother officer he raised his own pistol and fired.  Bigbee instantly fell from his horse and died in a few minutes, the ball from Hackney's pistol having entered his brain.  James' assailant was overpowered and the three prisoners were marched off to jail.  While the corpse of the unfortunate young Bigbee was taken to the undertaker to be prepared for burial.
At the coroner's inquest, which took place before Coroner J.N. Cook Tuesday, the evidence, in so far as it bore upon the justification of the officer in shooting as he did, was contradictory.  Haney and James testified positively to the young man drawing and pointing a pistol at the latter, while Blagg, who sat upon horse in full view of the men, swore quite as positively that he never had a pistol in his hand at any time.  In apparent confirmation of his statement is the fact that no pistol was found upon the ground near the scene of the tragedy, though the official claim that one was picked up by a man named Henry Bowie but who at this writing has not been found.  A small pistol was found in the hip pocket of the deceased but it was not loaded and no one claims that he could have put
it back there after being shot.  The tragedy has provoked a great deal of conflicting comments.  No one seems to think that Hackney knew Bigbee had no gun in his hand.  Most people agree that the officer thought he had a pistol in his hand but that in the excitement and uncertain light he was mistaken.  A few declare that, acting as he did upon a mere impression, it was an unwarrantable rashness; others urged that inasmuch as he could have nothing but his senses to guide him, and the moment was a critical one he was perfectly justifiable, while still another few believe that the man actually had a pistol as stated by the officers, and that it was a mere question of which life should be sacrificed, that of James or the unfortunate young man.  Concerning the latter, the Gazetteer has failed to hear anything but favorable reports.  He was 19 years of age and though occasionally given to having a little fun, as it is the nature of boys of any spirit to be, he is generally commended for his excellent qualities of mind and heart.  His tragic death is a sad blow to his parents and friends who have the sincere sympathy of the entire community.  His remains were interred Wednesday in the country church yard east of the city near his parents' residence.  Mr. Hackney was put under a bond of 500 dollars to await an investigation by the grand jury.
Later, Mr. C.H. Scholl, editor of the Evening Dispatch, states that in company with Charlie Dickenson he was coming down Main street, when at the Austin avenue corner a quick word of command given by an officer drew
his attention to what was going on in front of the Barrel House.  He saw a man run out of  the saloon and jump upon a horse, heard Hackney cry, "Look out, Ed," and distinctly heard two pistol shots, the one following the other so closely as to almost be covered up by the first.  He ran to the scene of the difficulty and found a man lying upon
the ground, and, wishing to see how badly he was hurt he bent over him.  As he did so he saw distinctly in the light of the electric lamp a pistol lying upon the ground several feet from the body.  Later he visited the dead man's friends in jail and one of them admitted to him that Bigbee had been armed with two pistols.  The next morning he went to Dallas which accounts for his evidence not being taken at the coroner's inquest.  This is the substance of  Mr. Scholl's statement and should put a very different aspect upon the case.  If Bigbee actually had a pistol in his hand at the time Hackney's shot was fired there can be no blame whatever attaching to the action of that officer. 

(Ted's note: Shackleford, Blagg and Bigbee are cousins.  George Shackleford is the son of  Phoebe Bigbee who married William Shackleford; William Blagg is the son of Susan Bigbee who married Joseph Blagg; and Charles Bigbee is the son of  Henry Clay
Bigbee and Mary O'Dell.  They are also my cousins since my gr-gr-grandparents were Susan Bigbee and Joseph Blagg.)


The Fort Worth Gazette
Fort Worth, Texas
Thursday, September 26, 1889
pg. 8


Sherman, Tex. Sept 24 - The grand jury is in session this week and is creating great commotion among the evil doers. They have been investigating the case of Henry Hackney, deputy marshal of the city of Denison, who is charged with the killing  of Charles Bigbee, a few weeks since but have so far failed to find a true bill against him.



Dallas Morning News
September 27, 1889
pg.6


Sherman Siftings,
The Judge After the Jury....

Sherman, Tex, Sept 26 - It having appeared in Denison papers that the grand jury had indicted Henry Hackney for the murder of young Bigbee, the district judge called the grand jury in this morning, and after reading what the Denison Herald said, turned to the grand jury and in substance said: "Gentlemen, this item may be based upon reliable information or it may be just based upon rumor and given as facts. You as members of the jury, know whether the statement of the paper is correct or not. I do not.  If it is true it would be well to see who it is that is divulging secrets which you alone or possibly me or two officers have a right to know, and I hereby instruct you to investigate this matter closely and locate the man who has divulged a matter which should be held in secrecy until
the proper time for publicity, that is if the statement of the paper is correct."
The grand jury retired to their room.   Further than that the reporter does not have "reliable information".
The matter has created some comment, and especially in newspaper circles in both the cities of Sherman and Denison.



The Sunday Gazetteer
Sunday October 6, 1889
pg.4


In the list of bills returned by the grand jury, Tuesday, was one against Henry Hackney, deputy marshal of Denison, for the murder
of Charles Bigbee, in August. Mr. Hackney states that he is quite satisfied with the action of the grand jury, as it will give him a fuller opportunity to clear himself in the eyes of the public. Of the ultimate outcome of the trial he entertains no fears.


Dallas Morning News
November 21, 1889
pg. 1
 

Sherman, Tex., Nov 20  - The case of the state vs Henry Hockney, charged with the murder of Charles Bigbee, is on trial in the district court at this hour. The theory of the prosecution is that the defendant unwarrantedly shot the deceased, and that he was not forced to do so in the discharge of his duty as a peace officer. The witnesses for the defense state that the deceased had a pistol drawn at the time he, Hockney, fired the shot.


Dallas Morning News
November 23, 1889
pg. 2

Sherman, Shavings
The Hackney-Bigbee Killing Case Near to Close

Sherman, Tex., Nov 22.  -  Argument pro and con in the case of the state of Texas vs. Henry Hackney, charged with the murder of Charles Bigbee in Denison in August last, was finished about noon to-day. The state summed its case up in about this light - A crowd of county boys rode into Denison and in doing so rode by some officers who formed an idea that they should be arrested on the charge of fast riding, of which the state alleges they were not guilty. The officers followed, and in endeavoring to make an arrest met with some resistance, which put the officers in a bad humor, and when (Charles) Bigbee mounted his horse to get away (Henry) Hackney shot him for no other ground than that Bigbee's animal moved upon him. In substantiation of this they quote the words of a witness who testified that after the killing Hackney said he had killed Bigbee because he had tried to ride over him. The state denies on that the deceased had a pistol drawn on Marshal James at the time he, Hackney fired the fatal shot.

The defense takes the position that the crowd who came to Denison started out to a dance and on the way became intoxicated, or at least under the influence of wine, and they armed themselves with pistols. Subsequently they came to Denison to have a whiz, and one of the first things they did was try to buy cartridges. it is further claimed by the defense they rode into town at a very rapid rate that being against a city law of Denison. The officers followed them to a saloon and attempted to put them under arrest when they resisted. Officer Hackney was on the outside holding the horses when he saw the struggle going on on the sidewalk, and that when he saw Bigbee dashing out of the saloon he called for help. 
Bigbee mounted his horse and proceeded to present a pistol, as if to shoot Marshal James, who was struggling with Bryant on the sidewalk. Hackney called on him to hold but he still seemed determined to shoot James, and Hackney, to save James' life, fired the fatal shot. The charge consumed fully a half hour in being read to the jury. The charge dwelt upon the right of one officer to protect the life of another in making an arrest and said the jury must look at it as it reasonably appeared to the defendant. The charge also called attention to the penalty for the failure of an officer to make an arrest of a person for carrying a deadly weapon.
At 5 pm the jury reported they could not agree, but were sent back.



The Sunday Gazetteer
Sunday, April 27, 1890
pg. 3

The case of Deputy Marshal Henry Hackney for the killing of Charles Bigbee in this city 8 months ago, was called in the district court at Sherman Monday, but at  the instance of the state was continued till the September term.



The Sunday Gazetteer
Sunday, November 16, 1890
pg. 4

LOCAL CONDENSATIONS
Thursday
Officer Hackney is on the sick list . . .



The Fort Worth Gazette
Fort Worth, Texas
Tuesday, November 25, 1890
pg. 1

Sherman, Tex., Nov. 24 - The murder case of Henry Hackney, which was set for to-day, was postponed on account of the serious illness of the defendant.



The Sunday Gazetteer
Sunday, December 7, 1890
pg. 4

LOCAL CONDENSATIONS
Tuesday - Officer Hackney is so far recovered as to be on duty again.



The Sunday Gazetteer
Sunday, November 13, 1892
pg. 4

Henry Hackney Discharged
In the case of the state against Henry Hackney, charged with killing the young man O'Dell in Denison 2 years ago, was thrown out of
court at Sherman Wednesday.   Messrs. Standifer & Person represented the defense, and Mr. Hackney's vindication by law is due to their tireless efforts in his behalf.



FELONY
Susan Hawkins
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