The Fence Cutting War of the 1880's was destined to bring no great credit to the State of Texas. Rather, it was later to be frowned upon as the most serious epoch of civil conflict in Texas history.
When it struck, it spread like chain lightning all along the Texas frontier where barbed wire had found a new home. And like an earthquake it shook the entire state, reaping untold destruction of personal property. Its reverberations were felt on Wall Street and other financial centers of the nation. But, while fence cutting occurred in over half the state's organized counties, the bitterest feelings were expressed with nippers and Winchesters on or near the Texas frontier.
The cattle boom of the early eighties, the offering for sale of the public school lands, and the inflow of capital following on the heels of an aggressive railroad building program touched off a tremendous speculation in Texas lands.
Prior to this time large and small fortunes were made on the free grass of the open range. Senator Terrell made a forceful example of this in a speech before the Texas Senate in January, 1884. He said, "Bud Driskill of Austin, owner of eight hundred cattle in 1873, but no land, estimated his wealth in 1884 at $800,000 all produced on free grass of the state for which he paid no taxes. And Mr. J. L. Driskill is only one of many who made such remarkable fortunes on free range grass."
The introduction of barbed wire and its growing acceptance in the early eighties marked the beginning of an economic change that the Texas frontiersman found hard to digest. There was a resentment against fencing the open range from the beginning. And numerous attempts were made to have the state legislature declare the erection of the barbed wire fence illegal.
But it was the drought in the summer of 1883 that jolted him into reality. During that extended period of no rainfall, in which the nomadic cow and sheep man saw his overstocked range wither and die and found his stock slowly starving around soupy bog holes, the free grass man slowly awoke to the realization he was being crowded out by the far-sighted stockman who had bought and was fencing his land.
With the absence of any laws governing building or cutting fences, the leathery frontiersman, long accustomed to taking the law into his own hands, struck and ripped the barbed wire fence out by the roots.
When it started, fence cutting spread like an epidemic. It grew quickly into such proportions that fences were being destroyed for countless reasons, quite often influenced by personal animosity. Fences were suffering all over Texas, but the three principal centers of destruction were in Jack, Wise, and Clay Counties in the north, Coleman County in the center, and Frio in the south.
On September 13, three days before heavy rains broke the extreme drought, the Austin Weekly Statesman reported, "Wire fence cutting has at last commenced in Coleman County. Several pasture fences were cut last night, one among them was the pasture fence of R. S. Bowen, which was utterly ruined."
This paper deals with fence cutting on the ranch of Mrs. Mabel Day, a courageous widow of Coleman County. It was a goodly ranch that her husband (killed in an accident) had left her but involved in debt. The plucky young woman determined to refinance the debts and carry on the ranch operations after the style of her late husband. To do this she sought capital in the East just at the time the fence cutting mania got under way in her area.
On September 27, 1883, Mabel Day wrote to her friend and adviser J. M. Booth:
From April until late in the fall hundreds of steer and mixed herds slowly drifted north through Coleman to find a market at Dodge. During the height of the season, Coleman merchants, with eyes cut for business, kept full-time riders hired to go out and welcome incoming trail outfits. They were ambassadors of good will with saddle bags well stocked with sample refreshments and a come-on that made every trail hand feel the urge to check in with Madge Barker and her girls over the Blue Front.
During the excitement over the fences, the Blue Front became wire cutting headquarters and did a good business. During the day the town was full. Around the salons everyone whiled away his time drinking and gambling. But along towards sundown the town would gradually become empty and stay that way until just before sunup when small parties of men would ride in on lathered horses to fall in their rolls at the wagon yard for a few hours' sleep.
Mahoney was visited every night, because those opposed to fences just naturally liked cutting the Yankee's fence. Besides, Mahoney was a man with a personality no one seemed to appreciate. And, unfortunately, his fence was conveniently close to town. When they got tired of working on Mahoney, the night riders would pay Lee Shield a visit or drop down to whack on R. H. Overall's wire. Then they would be out several days at a time when down on the river to see after the Vaughn, Starkweather and Day pastures.
When the news that Mabel Day had formed a two hundred thousand dollar cattle corporation with Kentucky capitalists reached the fence cutters, they seemed to lose interest in everything but Day wire.
One morning before the town was awake cutters posted the following notice on the streets of Coleman:
The statute books contained no law on fence cutting. Destruction of private property was looked upon as merely a misdemeanor. He pointed out that his hands were full hunting down outlaws and felons in the strictest sense of the word, but made it plain that he would be more than willing to discharge the duties of his office by serving papers on anyone wantonly destroying private property if any one would swear out a complaint against a specifically known fence cutter.
But everyone was like John Jones. When Colonel J. E. McCord, head of the local law and order league, asked him to go and find the exact parties cutting wire and report back, Jones replied, "I love to live too well to do that."
And the sheriff was right. His hands were full. He was on constant call dealing with rustlers. Only a week after Coleman's fence cutting war started the sheriffs of Coleman, Runnels, McCulloch and Concho counties and all their deputies were called to southwestern Coleman County where the corners of the four counties met to investigate the wholesale brand burning of cattle, which was reported in progress at that point by an organized body of lawless men. Although the cattle having their brands burned could be identified, it was reported the owners were afraid to claim them.
No sooner had the sheriff returned to Coleman than he had to double back to investigate a shooting. The Austin Weekly Statesman carrying a Coleman date line reported:
"I shore did hate it, Miss Mabel," said Abe soberly, "but it was forced on me."
She looked into the young man's clean face and said, "Well, I've got something forced on me—this fence cutting. And it's going to mean my ruin if I don't do something about it. I'm short handed while delivering my cattle, I can't spare a man to ride my fences."
"There're shore wreckin Vaughn's at Trickam," said Abe. Mabel studied Abe carefully as she asked, "Did you really shoot that man twice before he hit the ground?"
Abe grinned.
"I can use a man who can handle a gun. I've sent into Coleman for new six-shooters and Winchesters for everybody. I'll tell you what I'll do. I'll go your bond if you'll stay and help me through this emergency. And I'll see you get a good lawyer when your case comes up."
"It's a deal. You and Colonel Day have been mighty good to me."
"I want you to stay on that fence day and night. I know it's asking a lot of one man to ride a hundred miles of fence, but maybe I can hire some hands to help."
Winchesters and riders was not the only thing Mabel did to try to protect her property. It was quite apparent she could no longer look to the local law enforcement agencies, but there were the Rangers. Colonel Booth had Governor Ireland's ear and she wrote to her friend for help.
Unfortunately she soon had to leave the ranch for Austin, but shortly after her arrival there she heard from Booth, who was at Decatur:
After her return from Austin where details of the Cattle Company were agreed upon Mabel Day came back to Coleman and met her sheepman neighbor, H. R. Starkweather, who looked worried. It was after supper at the Florence Hotel before she had a chance to speak to him privately.
"How's fence cutting?" asked Mabel.
"It's ruined me," answered Starkweather, a small man who wore a shortly clipped mustache and had one bad eye. "Before this fence cutting started I had nine thousand as good a ewes as you ever saw in this country. But one of those free grass sheepmen drove a herd of scabbies onto my range and nearly every ewe I owned died of the sheep scab. That was last summer. I went to Chicago to borrow money with which to restock my range. The morning I walked into the bank my banker showed me the morning paper."
Starkweather pulled a worn newspaper clipping from his bill fold and handed it to Mabel.
She accepted the paper, but only read the headlines—she knew the rest.
"Hell Breaks Loose In Texas! Wire cutters destroy 500 miles of fence in Coleman County." Mabel looked up at her friend.
He said, "I left Chicago empty handed and now I'm broke. I doubt if I'll be able to save fifteen hundred acres of my ranch."
"Why Mr. Starkweather, there's ten thousand acres in your pasture," exclaimed Mabel rather shocked. "Has the fence cutting let up any?"
Starkweather shook his head.
The next day when Mabel arrived at the Rock House she was sick. She found that they had cut the wire between every post in her New Pasture and now there was an opening in the Old Pasture. She sat down and wrote a letter to the Coleman Voice:
She opened one from Johnny Doss, now married and running a cross-roads store near Bermuda, Alabama and read:
But after a month of hard work the Legislature passed a common sense law which assessed a penalty of from one to five years imprisonment for cutting fence. And when the lawless fence cutter realized he had something more than a few individual ranchmen to contend with, the Fence Cutting War of 1883 came to an end quickly.
[Mr. Padgitt is a grandson of Mrs. Day's and has written this paper chiefly from her correspondence in his possession.—The Editor.]
James T. Padgitt, West Texas Historical Association Year Book, October, 1950
When it struck, it spread like chain lightning all along the Texas frontier where barbed wire had found a new home. And like an earthquake it shook the entire state, reaping untold destruction of personal property. Its reverberations were felt on Wall Street and other financial centers of the nation. But, while fence cutting occurred in over half the state's organized counties, the bitterest feelings were expressed with nippers and Winchesters on or near the Texas frontier.
The cattle boom of the early eighties, the offering for sale of the public school lands, and the inflow of capital following on the heels of an aggressive railroad building program touched off a tremendous speculation in Texas lands.
Prior to this time large and small fortunes were made on the free grass of the open range. Senator Terrell made a forceful example of this in a speech before the Texas Senate in January, 1884. He said, "Bud Driskill of Austin, owner of eight hundred cattle in 1873, but no land, estimated his wealth in 1884 at $800,000 all produced on free grass of the state for which he paid no taxes. And Mr. J. L. Driskill is only one of many who made such remarkable fortunes on free range grass."
The introduction of barbed wire and its growing acceptance in the early eighties marked the beginning of an economic change that the Texas frontiersman found hard to digest. There was a resentment against fencing the open range from the beginning. And numerous attempts were made to have the state legislature declare the erection of the barbed wire fence illegal.
But it was the drought in the summer of 1883 that jolted him into reality. During that extended period of no rainfall, in which the nomadic cow and sheep man saw his overstocked range wither and die and found his stock slowly starving around soupy bog holes, the free grass man slowly awoke to the realization he was being crowded out by the far-sighted stockman who had bought and was fencing his land.
With the absence of any laws governing building or cutting fences, the leathery frontiersman, long accustomed to taking the law into his own hands, struck and ripped the barbed wire fence out by the roots.
When it started, fence cutting spread like an epidemic. It grew quickly into such proportions that fences were being destroyed for countless reasons, quite often influenced by personal animosity. Fences were suffering all over Texas, but the three principal centers of destruction were in Jack, Wise, and Clay Counties in the north, Coleman County in the center, and Frio in the south.
On September 13, three days before heavy rains broke the extreme drought, the Austin Weekly Statesman reported, "Wire fence cutting has at last commenced in Coleman County. Several pasture fences were cut last night, one among them was the pasture fence of R. S. Bowen, which was utterly ruined."
This paper deals with fence cutting on the ranch of Mrs. Mabel Day, a courageous widow of Coleman County. It was a goodly ranch that her husband (killed in an accident) had left her but involved in debt. The plucky young woman determined to refinance the debts and carry on the ranch operations after the style of her late husband. To do this she sought capital in the East just at the time the fence cutting mania got under way in her area.
On September 27, 1883, Mabel Day wrote to her friend and adviser J. M. Booth:
I have, however, a new trouble. My fence is being cut all to pieces in the south side. Over five miles already destroyed and still Governor Ireland (your friend) publicly encourages fence cutting. I'd sooner the friends would come and burn my house down than cut my fence. I own all the lands within its enclosure and if I want to let 'Northern Capitalists' come and make fortunes in a few months or years, it is my affair—not Governor Irelands.When Colonel J. M. Booth returned home on October 7th and learned that Mabel's fence was being cut to pieces he lost no time in writing her:
It does not matter to me whether these men to whom I have sold live in Texas or not, just so I am satisfied with the price they pay me. But I think it a shame the property cannot be protected. My fence cost $240 per mile ($24,000). But the cost of the fence is nothing. My grass is excellent. The cattle from the outside are taking possession.
I have not enough hands for this emergency and cannot get them. Am so busy delivering cattle on the contract, which makes it hard on me just now.
I start Saturday for Austin. Wish you were going down also. You might convince the Governor for me that he has acted unwisely in publishing his letter just at this time. This fence cutting may be my ruin, as those Kentucky men are trembling anyway. And I fear they will back out sure enough now.
I know that you will be grateful that our little crowd arrived home safely without accident or incident of note. We never saw a train robber, rustler or fence cutter during the trip.Coleman City was a trail town, the county seat, and barely had four hundred citizens. Up and down both sides of its hundred-foot-wide street were its business houses of rawhide lumber sandwiched between its half-dozen saloons and gambling halls. Upstairs over the Blue Front Saloon was a dance hall, from which could be heard fiddle music and coarse laughter of women at any hour of the day or night when trail outfits were passing through.
I found your letter awaiting me on my return. I hope our friend the Governor does not entertain the view you in your letter seem to attribute to him. While it may appear that he has manifested a 'masterly inactivity' in this matter, yet I am fully convinced that he is not only anxious on the subject, but will do all in his power to suppress wire cutting. I enclose copy of resolutions adopted at Post Oak last Thursday by a committee of pasture men and wire cutters which I hope will end the trouble in this section.
If possible I will have to be in Austin after some depositions to be used in a law suit in Denton. I hope you will still be there if it does not conflict with your business affairs. I hope also that the parties with whom you are trading will not fly the track. The energy and management manifested by you in this affair deserves success. Very few women and I might add the fewest number of men could have overcome the obstacles and difficulties you have been forced to combat. The character of individuality which outstrips the persistent partisan opposition of wealthy, influential, as well as unscrupulous, opponents will always succeed sooner or later.
And should your Kentucky trade be broken up by the wire cutters, I am sure your inventive genius will be able to cope with the new difficulty. The fence trouble will certainly be of brief duration. As Secretary of the House of Representatives, I have information of a semi-official character that the legislature will be convened about the 20th of November, when it is to be hoped the difficult problem will be solved. After which I confidently hope to see another boom inaugurated, in which event the price of cattle will again appreciate.
I have been opposed to the convening of the legislature in an extra session, thinking it unnecessary, until your fence was destroyed. I now think when people will descend so low in the scale of humanity as to wantonly destroy property under such circumstances, nothing but legislation of a very positive character and a rigid enforcement of the law will avail in the suppression of such lawlessness. I am hopeful, law and order once restored, that you will again witness the same prosperity which prevailed for a year or two before fence cutting was inaugurated. In which event, you will hardly be much damaged if your Kentucky trade does fail, provided they will permit you to keep the money advanced you until you can bridge over your present exigencies—which they evidently will do under all the circumstances.
From April until late in the fall hundreds of steer and mixed herds slowly drifted north through Coleman to find a market at Dodge. During the height of the season, Coleman merchants, with eyes cut for business, kept full-time riders hired to go out and welcome incoming trail outfits. They were ambassadors of good will with saddle bags well stocked with sample refreshments and a come-on that made every trail hand feel the urge to check in with Madge Barker and her girls over the Blue Front.
During the excitement over the fences, the Blue Front became wire cutting headquarters and did a good business. During the day the town was full. Around the salons everyone whiled away his time drinking and gambling. But along towards sundown the town would gradually become empty and stay that way until just before sunup when small parties of men would ride in on lathered horses to fall in their rolls at the wagon yard for a few hours' sleep.
Mahoney was visited every night, because those opposed to fences just naturally liked cutting the Yankee's fence. Besides, Mahoney was a man with a personality no one seemed to appreciate. And, unfortunately, his fence was conveniently close to town. When they got tired of working on Mahoney, the night riders would pay Lee Shield a visit or drop down to whack on R. H. Overall's wire. Then they would be out several days at a time when down on the river to see after the Vaughn, Starkweather and Day pastures.
When the news that Mabel Day had formed a two hundred thousand dollar cattle corporation with Kentucky capitalists reached the fence cutters, they seemed to lose interest in everything but Day wire.
One morning before the town was awake cutters posted the following notice on the streets of Coleman:
Down with monopolies. They can't exist in Texas and especially in Coleman County. Away with your foreign capitalists. The range and soil of Texas belongs to the heroes of the South. No monopolies, and don't tax us to school the nigger. Give us homes as God intended and not gates to churches and towns and schools. Above all, give us water for our stock.Mabel Day answered this paper attack—that ammunition fit her own guns. She sent her reply to the Coleman Voice and it was later published in the Tom Green Times with an editor's preface:
And a clipping from an unknown paper also speaks of Mabel's new trouble:FENCE CUTTING
Speaking of fence-cutting the Tom Green Times says:
It is more to the interest of the workingman to keep up the good name of his section even than the large land owner. Take our town, for example. Skilled workmen in some trades are commanding $5 per day; shepherds $20 and $25 a month; cowboys $30 and $35. Supposed a spirit of lawlessness was to come over this section and property became insecure, how long would this state of things last? No norther ever brought down the thermometer so suddenly as prices would fall off, and trade would decline. We doubtless need a fence law, and most assuredly the next legislature will enact one, but until then it is policy to compromise in every instance or seek a legal remedy. This article is written in no spirit of self laudation, but the people of Tom Green have set an example that may be followed to advantage. The free range men have been fair and just; the large land holders, with few exceptions, kind and accommodating. Gentlemen, is not our way the best?
Upon this same engrossing subject of complaint, fence-cutting, Mrs. Mabel Day, who, on account of her very large interests involved in the cattle business, may be regarded as a "Cattle Queen," addresses the following interesting letter to the Coleman Voice:
Mr. Editor: Dear Sir—Having heard from several that Governor Ireland encouraged fence cutting by a recent letter, I felt quite anxious to read that letter, which I have had the pleasure of doing, and find it to my satisfaction that our Governor does not encourage any such outlawry, but aims to denounce certain sensational letters that are being sent from Texas to other states.
It is true he shows in some instances where the wire cutters have had plausible excuses, as was the case in Northern Texas, where foreign capitalists had enclosed large bodies of land which they had bought or leased, and to which others had as much right as they; but this does not argue that Governor Ireland approves of fence cutting, as has been indulged in this county. Here we own the lands enclosed. I can speak at least for myself. Within my pasture there are only two tracts of land owned by other parties—Messrs. Gann and Cleveland, and I have these gentlemen to say whether I have cut off any of their legal rights or privileges.
For my part I think the men (?) who destroyed five miles of my fence last week could have with as much justice burnt my house. I do not want to be understood as complaining as 'law not enforced.' I cannot expect lawful protection until I can designate the guilty parties. This cannot be done as they prefer the dead hours of the night for the accomplishment of their dark deeds. It is my pleasure to show that none of those 'plausible excuses' which Governor Ireland presents are applicable in the case of my pasture. Those men, who found it to their interest to cut my fence, cannot quiet their guilty conscience with any of these excuses.
1. Although my fence is a nuisance, according to Governor Ireland, it was not the business of those men to remove it, but of the civil authorities to cause me to do so.
2. As before mentioned, I have bought or leased all lands within my enclosure except those previously mentioned. Hence no one has any right to grass or water except by my consent.
3. I have not to my knowledge annoyed either of the parties who own land in my pasture; but they enjoy their full privilege, and are on amicable terms with me.
4. I have gates on all main roads through my pasture; and have not complained of parties tying down the wire so that they could pass over any portion of my fence—only request such parties to untie the wires so that stock could not pass out or in until my fence rider could get around to repair it. Have not even complained of certain 'gaps' which have proved quite a nuisance to me. Here I request to add that I intend as soon as possible to put in gates for the convenience of those who have recently requested them.
It is true that I have recently sold a half interest in my cattle to gentlemen who do not live in the state of Texas. I regard their engaging in this business as great an accommodation to me as a benefit to them, and don't begrudge them the money I believe and hope they will make here in the next five years.
It was my intention two weeks ago on my return to my ranch to immediately prepare me a permanent home in this country; but, since I have seen my property destroyed without a cause, I defer my action in this manner.
I would like to address a question to the stockmen of this section. Is there no recourse for us in this matter? Should you, as business and law abiding men, adopt any plan to protect your property I would beg to be considered as one among you.
Yours respectfully,
Mrs. Mabel Day.
With shootings, stealing and cattle rustling, Ben Pittman, Sheriff of Coleman County, had his hands full. For once he was glad that the hunting down of "legitimate outlaws", such as horse thieves, took up his entire time. Public opinion was so widely divided on the fence issue that he felt it was a matter the sheriff's department would do well to give a wide berth.FENCE CUTTING
The Coleman County fence cutters might have had gallantry enough to have let Mrs. Day's wire fence alone. She may be rich, but she is a woman and that ought to go a long ways with true men.—Gazette.
The average fence cutter has very little respect for anybody or anything; and so far as gallantry is concerned he never heard of such a word. He who wantonly destroys the property of his neighbor, be he man or woman, is not a 'true man'.
Those men who destroyed Mrs. Day's fence were outlaws in the fullest sense of the word. They first cut ten miles of her fence, and posted a notice to her on the gate post, that if she put that fence up, there would be the largest coroners inquest in that pasture ever held in Texas. She attempted to rebuild the fence; thinking she had the right to do so, since all the land in the pasture belonged to her; when seventy armed men, with their faces blackened, went in open broadlight and destroyed all the balance of her pasture.
Talk about such men possessing gallantry, or talk about them being 'true men'. A true man could hardly live and breathe the same atmosphere that such fiends in human shape breathe.
The Coleman County fence cutters, we suppose, are about on a par with the great majority of fence cutters.
The chief fence cutter in this country was considered as the 'boss' and seemed to be running everything pretty well his own way until he stole McCreight's cotton and skipped the country. He was said to have been the leader and since his flight from the country, we have heard of no more fence cutting in that section. His conduct caused those thoughtless boys, who were following his leadership, to stop and think about what they were doing—and there could be but little doubt but what much fence cutting has been done by thoughtless boys, who have followed the leadership of older heads.
The statute books contained no law on fence cutting. Destruction of private property was looked upon as merely a misdemeanor. He pointed out that his hands were full hunting down outlaws and felons in the strictest sense of the word, but made it plain that he would be more than willing to discharge the duties of his office by serving papers on anyone wantonly destroying private property if any one would swear out a complaint against a specifically known fence cutter.
But everyone was like John Jones. When Colonel J. E. McCord, head of the local law and order league, asked him to go and find the exact parties cutting wire and report back, Jones replied, "I love to live too well to do that."
And the sheriff was right. His hands were full. He was on constant call dealing with rustlers. Only a week after Coleman's fence cutting war started the sheriffs of Coleman, Runnels, McCulloch and Concho counties and all their deputies were called to southwestern Coleman County where the corners of the four counties met to investigate the wholesale brand burning of cattle, which was reported in progress at that point by an organized body of lawless men. Although the cattle having their brands burned could be identified, it was reported the owners were afraid to claim them.
No sooner had the sheriff returned to Coleman than he had to double back to investigate a shooting. The Austin Weekly Statesman carrying a Coleman date line reported:
A shooting affray occurred at Trickam, in this county, last night, between a saloon keeper who formerly worked on the Day Ranch, named Abe Pendleton and a Cattle King by the name of Tom Hayes. It seems that ill feelings have existed between the parties for some months. Last night Hayes walked into Pendleton's saloon and ordered drinks for him and Pendleton. While in the act of drinking, he drew his six shooter and commenced firing at Pendleton. It appears Pendleton was looking for foul play. He had a pistol at hand with which he returned the fire, shooting Hayes in the head the first shot, the second shot taking effect in the right breast. Hayes fired only one shot and missed. As soon as Hayes fell, Pendleton left and has not since been heard from.A few days after the news of the shooting reached Mabel, she heard that Abe was hiding out in one of her cow camps. She sent Will Doss over to get Abe. After listening to his account of the shooting, Mabel said, "Abe, there's no law against a man shooting in self defense. From what you've told it was either kill or get killed and that's not illegal in this country."
"I shore did hate it, Miss Mabel," said Abe soberly, "but it was forced on me."
She looked into the young man's clean face and said, "Well, I've got something forced on me—this fence cutting. And it's going to mean my ruin if I don't do something about it. I'm short handed while delivering my cattle, I can't spare a man to ride my fences."
"There're shore wreckin Vaughn's at Trickam," said Abe. Mabel studied Abe carefully as she asked, "Did you really shoot that man twice before he hit the ground?"
Abe grinned.
"I can use a man who can handle a gun. I've sent into Coleman for new six-shooters and Winchesters for everybody. I'll tell you what I'll do. I'll go your bond if you'll stay and help me through this emergency. And I'll see you get a good lawyer when your case comes up."
"It's a deal. You and Colonel Day have been mighty good to me."
"I want you to stay on that fence day and night. I know it's asking a lot of one man to ride a hundred miles of fence, but maybe I can hire some hands to help."
Winchesters and riders was not the only thing Mabel did to try to protect her property. It was quite apparent she could no longer look to the local law enforcement agencies, but there were the Rangers. Colonel Booth had Governor Ireland's ear and she wrote to her friend for help.
Unfortunately she soon had to leave the ranch for Austin, but shortly after her arrival there she heard from Booth, who was at Decatur:
I wrote your brother as promised to confer fully with General King, our Adjutant General, who I suppose is in Coleman. However, I have seen no published account of his arrival there.After General King left Coleman he made a detailed written report to Governor Ireland:
I wrote General King as a special favor to render what aid in his power in the protection needed, which he would render I am satisfied without the request.
I think it would be a good plan for you to tell the Governor about the threats made on you and who you think the cutters are. When he learns the facts he may give General King some definite instructions in the matter.
The cutting has taken fresh impetus in this section [Decatur], and even the calf pastures are not allowed to escape. The officers here are bending every effort to ferret them out. The grand jury, which meets here next week, will investigate the matter in this county fully.
The military force, the only visible potential force the Governor has directly at his command, is wisely made subservient to the civil authorities; and the Rangers, although an active force, constantly in the field, cannot be beyond the law in the performance of duty, and must act in conjunction with local officers and under authority, in any particular case, derived from the local courts.Mabel, of course, never saw the Adjutant General's report to Governor Ireland, but shortly after the Rangers left Coleman she wrote to Colonel Booth:
A detachment was sent to Hamilton County for special service in breaking up the unlawful killing of sheep, and others to Clay, Jack and Coleman Counties to assist in keeping the peace and preventing bloodshed between owners of fences and those suspected of cutting said fences.
While in North Texas on this business (Clay, Hunt, Wise and Tarrant counties) a telegram from your office reached me directing that I go at once to Coleman County and take Rangers with me to prevent a threatened outbreak in that county.
Wherever I went I found public sentiment in favor of the fence cutting.
On receipt of the order heretofore mentioned, I started at once to Coleman County and directed Captain McMurray, Co. B Frontier Battalion, to join me at the county seat with a part of his company. I reached Coleman several days ahead of Captain McMurray and found District Court in session, many people in town, some excitement among them on this fence question, and various rumors and reports of fence cutting and sheep killing, and threats of bloodshed, burnings and etc. I mingled freely among all classes of the people, and, while I found a strong, deep-seated, and openly expressed hostility among the larger portion to big pastures and wire fences, I soon discovered that there was no real foundation for apprehending any organized outbreak or contest with arms between pasture men and fence cutters, and that, personally, the most friendly feeling existed between many of the owners of pastures and those who openly opposed large pastures, and who thus gave encouragement to those who were lawlessly and secretly cutting down and destroying these enclosures.
Individual cases there were in which ill feelings had been engendered, and from which feuds might arise, but were confined to the persons immediately concerned, and the great body of the people in town and from the country were as good-natured, frank and friendly, and manifested as little sympathy with or encouragement of a blood-thirsty disposition on this all absorbing question as could be looked for in the most orderly community.
The same real or assumed causes for opposition to big pastures and wire fences were as active and potent here as in other sections I have visited, and some that were local had served to give increased vigor to the lawless fence cutters, and to create the impression abroad that immediate and wholesale bloodshed was impending in this county between armed and organized pasture men and their supporters on one side, and desperate law defying bands of fence cutters on the other. This proved to be untrue, and I was assured by the sheriff of the county that he needed no assistance outside of his own subordinates and the willing citizens, to arrest any violator of the law that could be found; and it was the opinion of the district judge and attorney, the county officials and citizens generally, including many of the owners of big pastures, that there was not the slightest danger of a resort to arms over this matter in any organized form.
A good reason for this belief existed in the fact that to the public, or to the officials, there was not a known fence cutter in the county. When I proposed to get the people together in a public meeting, and obtain their views on this question, most of the pasture men, while freely admitting that public sentiment was against their system of pasturage, and this giving encouragement to fence cutting, yet they did not believe that any responsible man could be found who would stand up in public meeting and voice the sentiments of the absent and unknown fence cutter.
I succeeded in getting a large meeting of the citizens during the day at the court house, but owing to the pressure of court business, no one but myself found opportunity to speak at this meeting. It was therefore adjourned until night, when a number of speeches were made, and both sides of the question had zealous and earnest advocates.
These objections are to large bodies of land being owned, or owned and fenced by individuals or corporations, as opposed to the true spirit of our government, and as directly and necessarily in the way of progress, settlement and lasting prosperity of any county or community, and subversive of the best interests, social, pecuniary, educational, moral and political of the poorer classes of citizens, who make the bulk of the population. Next, that this system serves to produce the two undesirable extremes of social and political life—a small number of rich and a large number of very poor people, with the constant increase of the class and cast distinction between them; ease, luxury, idleness, indifference and haughty disdain on the part of the wealthy few; and ignorance, poverty and practical enslavement and loss of self respect on the part of the great body of poor people, accompanied by a crying spirit of obsequious humility, or a secret nursing of an angry discontent.
I suppose I ought to thank you for your efficient efforts in getting General King to Coleman. But I am sorry to know his going did not help me any. I have been informed that his going (that is the result of his being there) was worse than if he had not gone.Booth replied:
He had about ten Rangers with him. But that made no difference, since he refused to do anything, because the civil authorities could not say they had been unable to arrest these cutters.
I cannot make complaint against an unknown party. General King said some one reported to the Governor that they were fighting and robbing out there and that he must say he found it perfectly quiet and peaceful.
The cutters had just cut ten more miles of my fence, as well as many miles elsewhere in the county. My fence rider rode up on them. There were about seventy of them and all had blacked their faces. They retained him 'till they got through. This was in open day. They say no fence will remain.
This matter probably hurts me more than anyone else in the State, since my trade may be affected by it. I wish you had business in Austin from the 4th to the 10th of next month. These Kentucky men will be here then. I have no one to talk to them for me, while there are several here who will do all they can against me. I believe you have enough sympathy for me to do a kindness if you could. I look for them on the 4th.
Your favor of October twenty-eighth received this morning and in reply will say that creeks never get too high, the nights too dark, or the distance too great to keep me from aiding a friend when needed—especially a friend I value so highly as I do you.The Kentucky capitalists were sufficiently impressed with the "Cattle Queen" and her ranch and cattle to invest their money in the Day Cattle Company. This venture only brought a temporary respite to Mabel Day, however.
I will be in Austin if possible next Monday evening. Our District Court is in session and I have some old chronic cases, which I am anxious to have tried. I may get them tried this week. If not, I will try to get them set for some time two weeks off, which will leave me free next week.
Mr. Greathouse, the President of our Decatur National Bank, who is also largely interested in cattle and land, and who lived in Kentucky, will likely be with me. He may be able to put in some good word, since he believes the fence cutting is only transitory and can't last long.
Our grand jury (Wise County) will investigate the wire cutting in this county this week. We hope to have the whole batch indicted. We have great hope of breaking up the gang in this county. In Jack County quite a number have been arrested and will be tried in a few days.
I am sorry General King did so little while in Coleman. In my dispatch to him, I used this language, "There is trouble anticipated with the wire cutters at the pasture of Mrs. Day in Coleman County, and the Governor desires you go there at once with troops."
I saw Capt. McMurray of the Rangers the other day. He said the Rangers could do but little good there. He thinks that it is the result, in a measure, of personal animosity toward you, or how they can reconcile it to their conscience to destroy your property because they dislike someone else. It is hard to imagine how anyone can hold personal animosity. If the man who saw and was detained by the seventy disguised fence cutters could distinguish any of them, he should at once file complaint and have them arrested. I do hope there will be a cessation of this character of lawlessness until after the legislature meets. If you can only close your trade, I feel confident that the prevailing pastime will not be indulged in much longer. Such things always end in a row among the perpetrators, which will be the case among the wire cutters.
If possible I will be on hand Monday evening and will be at your command to serve your interest to the best of my ability any way you may desire.
After her return from Austin where details of the Cattle Company were agreed upon Mabel Day came back to Coleman and met her sheepman neighbor, H. R. Starkweather, who looked worried. It was after supper at the Florence Hotel before she had a chance to speak to him privately.
"How's fence cutting?" asked Mabel.
"It's ruined me," answered Starkweather, a small man who wore a shortly clipped mustache and had one bad eye. "Before this fence cutting started I had nine thousand as good a ewes as you ever saw in this country. But one of those free grass sheepmen drove a herd of scabbies onto my range and nearly every ewe I owned died of the sheep scab. That was last summer. I went to Chicago to borrow money with which to restock my range. The morning I walked into the bank my banker showed me the morning paper."
Starkweather pulled a worn newspaper clipping from his bill fold and handed it to Mabel.
She accepted the paper, but only read the headlines—she knew the rest.
"Hell Breaks Loose In Texas! Wire cutters destroy 500 miles of fence in Coleman County." Mabel looked up at her friend.
He said, "I left Chicago empty handed and now I'm broke. I doubt if I'll be able to save fifteen hundred acres of my ranch."
"Why Mr. Starkweather, there's ten thousand acres in your pasture," exclaimed Mabel rather shocked. "Has the fence cutting let up any?"
Starkweather shook his head.
The next day when Mabel arrived at the Rock House she was sick. She found that they had cut the wire between every post in her New Pasture and now there was an opening in the Old Pasture. She sat down and wrote a letter to the Coleman Voice:
A few days later she wrote to Colonel Booth:Day's Ranch
November 19, 1883
To Whom It May Concern:
I wish to submit to your consideration the following request. It would oblige me more than you can realize if you will not cut any more of the fence around my 'old' pasture 'till after the legislature when I will abide by its regulation of this trouble between your interests and mine.
I am not a man who can go with my cattle as they drift this winter, and hence as a woman I ask that you leave me at least my 'old' pasture. I wish also to inform you of the exact extent of my ownership in this ranch. Everyone knows that my husband's estate was greatly in debt, and I was obliged to sell one half of the cattle for cash to pay this indebtedness off.
Now the men who bought this did not buy any of the land—only leased one half of it. Myself and little child owns the land and one half of the cattle. These men will not come here. I am to live here and run it myself.
Thinking you may find it to your pleasure and convenience to oblige me, I am,
Yours respectfully,
Mrs. Mabel Day.
I am so discouraged I don't know what to do. I have about made up my mind to sell my interests and that of my child and brother in this country and move away.Late in January, while Mabel and Will Doss were on hand in Austin, Johnnie Glenn returned from the Trap with the mail. While Willie Day, Mabel's daughter, now three, played with her bottle dolls in the front yard, Grandma Doss sat in the Rock House reading her mail of the Day Ranch.
They are still chopping on my fence. Have cut six miles since my return. Made my fence rider help them all night at the point of a Winchester. This last cutting ruined all my pastures as they had already destroyed my New and Little pastures. Now the Old has a six mile outlet. I am so sorry of this as it will be impossible to hold the cattle now. I do hope you will use your influence in the Legislature to do away with fence cutters. Brother is just starting to town, hence I am in great haste. See you in Austin in January.
She opened one from Johnny Doss, now married and running a cross-roads store near Bermuda, Alabama and read:
Well, Ma, [Mabel's mother], I guess you are worrying over the trouble the fence cutters have caused as much or more than anyone. Me thinks I see you tonight reading the daily papers, and ever anxious to know what the leather head legislators at Austin are going to do. I see from the papers, the famous Terrell Bill was defeated. I am fearful that they will pass off their time complimenting and indorsing Governor Ireland and do nothing to prevent the fence cutters from their midnight work.Enclosed in the same envelope was a note from Johnnie's wife:
I am fearful that Sister is having her fence repaired too soon. I think it best to have waited 'till she could get protection. I would not live out west under the present state of affairs for all the grass in the country. Unless I was alone (single footed), then I might be induced to join a club of one and my motto would be 'Dead Men Tell No Tales.' Ha! Ha!
Well, Ma, I know you are worried almost to death by the fence cutters. Please do not let it worry you. Just remember the old saying, 'Them that has must lose, and them that hasn't can't lose.' I know it is hard to have one's property destroyed, but under the circumstances 'tis better to linger along for awhile and let the law rule. I glory in Mabel, only I think I would have used a little more discretion than to have said I will do so and so the next time the fence is cut. Tell Sister Mabel, while I would love to be with her, I am really glad I am not under the circumstances.
We receive many papers from you stating what is going on in the Capitol City. I trust the present legislature will pass necessary laws to give you all protection, both in life and property. Mr. Doss says should fence cutting be made a felony, it will avail nothing, unless more Rangers and detectives are put on the frontier. He says the detectives should have the power to decoy the fence cutters, into cutting the fence, and then and there use the shot gun warrant. I tell Mr. Doss 'tis very nice to express himself in such language when out of shot gun distance.Down in Austin many recommendations were made to the Legislature in how to put an end to the fence cutting troubles, some of which were rather extreme, such as shooting the fence cutter on sight. One legislator thought seriously of presenting a bill in the Legislature to build a Chinese Wall around Coleman County, put all the fence cutters inside it, and furnish them with wire fences and nippers, and tell them to wade in. As the fence cutters preferred to do their work at night, the plan was to propose stretching a great awning over the county, paint it black to represent night, and cut holes in it to represent stars. They would then be able to cut all the time and they would all die of sheer exhaustion from the lack of sleep.
But after a month of hard work the Legislature passed a common sense law which assessed a penalty of from one to five years imprisonment for cutting fence. And when the lawless fence cutter realized he had something more than a few individual ranchmen to contend with, the Fence Cutting War of 1883 came to an end quickly.
[Mr. Padgitt is a grandson of Mrs. Day's and has written this paper chiefly from her correspondence in his possession.—The Editor.]
James T. Padgitt, West Texas Historical Association Year Book, October, 1950
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