Starting Sept. 30, 2014, Genealogy.com will be making a big change. GenForum message boards, Family Tree Maker homepages, and the most popular articles will be preserved in a read-only format, while several other features will no longer be available, including member subscriptions and the Shop.
 
Learn more


Home Page |Surname List |Index of Individuals |InterneTree |Sources


View Tree for Charles Walter McFaddinCharles Walter McFaddin (b. November 19, 1859, d. September 15, 1938)

Charles Walter McFaddin (son of William M. McFaddin and Rachael Williams) was born November 19, 1859 in Beaumont, Texas, and died September 15, 1938 in Casa Grande Arizona. He married (1) Mary Mildred Ellis in Texas, daughter of Jerry J. (Judge) Ellis and Sarah Elizabeth Barksdale. He married (2) Mabel Maurine Dugger.

 Includes NotesNotes for Charles Walter McFaddin:
Well here's the answer to some of our questions from the able Mr. Block. You should check out his web site, www.wtblock.com and read some of his history of Beaumont and East Texas. I just sent him my e-mail late this afternoon and he responded this evening.
How's that for a prompt response?
Have a great weekend,
Frank
From: "W. T. Block"
Subject: Patridge
Date: Fri, 8 Feb 2002
Frank: Yes, I have known of the Cyrus Patridge killing all of my life. The story was first told to me in 1932 by my father, who was 60 when I was born. Dad and Uncle Martin rode range fence briefly for Beaumont Pasture Co. one winter between plowing about 1888. The killing took place not far from where I live in Nederland. I also knew the Charles Hemmingway mentioned who was a friend of my father and I attended Hemmingways funeral in 1928
I cite the following from page 341 of my 576-page typescript "Emerald of the Neches: The Chronicles of Beaumont etc" copies in Tyrrell and Lamar libraries.
"Galveston Dailly News, Feb. 22, 1886) State press. The Bmt Enterprise says: Intelligence was received her tonite of the killing of Cyrus Patridge by Charlie McFaddin and O. D. Baker in the Beaumont Pasture Co.'s pasture, about 12 miles south of this place. As far as could be learned, McFaddin and Baker, who are employed in the pasture, came upon Patridge while in the act of skinning one of the company's beeves, and when ordered to stop, he opened fire on them, firing 3 shots without effect, when McFaddin and Baker opened fire, killing Patridge. Further particulars could not be obtained...."
Sounds like Patridge died of "Winchester lead poison" to me. Ha! Ha!
"Galveston Daily News, March 5, 1886--Beaumont, Mar 4--The examining trial of Charles McFaddin and O. D. Baker, charged with killing Cyrus Patridge, has been progressing all week, and has not yet been concluded. The evidence so far corraborates their story in every particular, which shows they were not only acting in defense of their property, but their persons also. The defendants are represented by 2 of Beaumont's leading law firms, and the prosecution by 2 able attorneys employed by the deceased's relatives...."
The killing did bring on quite a feud between the McFaddin family and the Patridge and Stockholm families. Patridge was married to a Stockholm daugher (P. D. Sr.), but I don't know of any further shootings that took place Bill
*************************************
Frank M. Reilly

P. D. Stockholm, Jr., v. The State.


No. 2340


COURT OF APPEALS OF TEXAS


24 Tex. Ct. App. 598; 7 S.W. 338; 1888 Tex. Crim. App. LEXIS 16



February 1, 1888, Opinion Delivered


PRIOR HISTORY: [**1] Appeal from the District Court of Orange. Tried below before the Hon. W. H. Ford.

The indictment in this case, which charged the appellant with the theft of a cow, the property of William McFaden [sic], in Jefferson county, Texas, was presented in the district court of Jefferson county, but upon the defendant's application the venue was changed to Orange county. The trial in the latter county resulted in the conviction of the appellant and the assessment against him of a term of two years in the penitentiary.

George White testified, for the State, that he lived in Beaumont, Jefferson county, Texas, and in January, 1885, was in the employ of the Beaumont Pasture Company. On the twenty-sixth day of that month, the witness discovered the defendant and one Cyrus H. Patridge, both of whom he knew well, in the act of butchering the carcass of a heifer that had been recently killed. They had the animal skinned, and two quarters of the meat secured to a horse. Witness came upon them suddenly in a small island of timber into which he went to answer a call of nature. When witness came up on the parties, defendant remarked: "You have caught us." The animal was the property of William McFaden. [**2] It was a red heifer, branded M6, connected, the 6 being formed by a right hand curve to the last stroke of the M. This all occurred in Jefferson county, Texas. On his cross examination the witness said that he discovered the parties butchering the carcass of the heifer between nine and ten o'clock a. m., on or about January 26, 1885. He testified on a former trial of this case, and may have testified on that trial that the offense was committed on January 26, 1885, or a day or two before or after that date. He did not recollect that he testified on that trial that it was between nine and eleven o'clock a. m. Witness had a conversation with Cave Rowley, in Rowley's grocery, about this matter, in February or March, 1885, and, in the presence of C. H. Patridge and others, he told Rowley that he knew nothing damaging to defendant and Patridge. Witness was then under oath administered by the grand jury, and did not feel that he was at liberty to tell any one the truth about the matter. He told J. O. Leonard about the same thing he told Rowley.

James Stewart testified, for the State, that he was the step-son of the witness White, and lived in Beaumont. On or about January 26, 1885, [**3] witness went to the prairie to see his said step-father. In his search for his step-father, the witness went into a small island of timber, in which he surprised the defendant and Patridge butchering a heifer. They had it skinned and two of the quarters were on a horse. They ordered witness to "skip out," and witness did so, crossing the bridge over the gully at the island.

William McFaden testified, for the State, that he individually owned the M6 (connected) brand of cattle. He never gave his consent to the defendant, nor to Patridge or anybody else to take or kill the animal described in the indictment. Witness, Kyle and Weiss, composed the Beaumont Pasture Company. The entire business of that concern was under the witness's management and control. George White was in witness's employ.

William Holland testified, for the State, that he had never been offered money or other consideration by William McFaden to swear on this or any other trial that he saw defendant, Patridge or anybody else butchering the carcass of one of his, McFaden's, or anybody else's animal. He never told Bolen nor anybody else that McFaden had ever made him such an offer.

The State rested.

J. [**4] O. Leonard was the first witness for the defense. He testified that C. H. Patridge, deceased, was his uncle-in-law -- that is, witness's father and Patridge were brothers-in-law. On or about February 26, 1886, George White told witness that he knew nothing damaging to either defendant or Patridge in connection with this case; that all he knew about it was that he saw Patridge skinning a beef, and that Lawson Gray held Patridge's horse while Patridge did the skinning. Witness knew the location of the island of timber in which White claimed to have seen defendant and Patridge skinning the heifer. It was in plain view of quite a number of occupied houses. Patridge was brought to Beaumont, by his wife, in an ambulance on January 27, 1885. He had been poisoned and was in a dangerous condition. Mrs. Patridge took him home -- about fifteen miles from Beaumont -- on January 29. Witness knew the reputation of George White for truth and veracity. It was bad, and from witness's knowledge of that reputation, it was such as to render the said White unworthy of belief on oath.

Charles Hemingway testified, for the defense, that he lived in the pasture of the Beaumont Pasture Company. Witness [**5] was familiar with the island of timber mentioned by the State's witness. He knew the gully referred to by the witness Stewart, and knew that there was no bridge across it on January 26, 1885. It was washed away by a freshet at least three weeks before that date. The water in the gully where the bridge had been was at least seven feet deep on January 26, 1885. Witness knew also that the defendant worked all day on his house during the twenty-sixth, twenty-seventh and twenty-eighth days of January, 1885. Defendant was at home throughout Saturday and Sunday, January 24 and 25, 1885.

Lawson Gray testified, for the defense, that he lived about a mile from the island of timber referred to by the State's witnesses. On the morning of January 26, 1885, witness went with defendant and Patridge as far as the said island, on their way to a small marsh where they had some timber they wanted to see to. Patridge and defendant crossed the gully in a boat, and witness went to the place where the bridge had been, to get across. He found the water so high that he had to seek another and remote way around. Witness returned to his home about ten o'clock. Soon after that, witness saw defendant at work, [**6] taking down a house which witness had sold him.

Nat Smith testified, for the defense, that he lived near the island of timber described by the State's witnesses. He saw defendant at work on his house nearly all day on January 26, 1885, and all day on the next two days.

N. Smith testified, for the defense, that he worked all day on defendant's house on January 26, 27 and 28, 1885. Defendant worked with witness on that house during that time, except for a short while on the morning of the twenty-sixth, when he went with Lawson Gray to the marsh to see about some timber. He got back to his house about ten o'clock and resumed work.

A number of witnesses called by the defense, testified that George White's reputation for truth and veracity was so bad that he was not entitled to belief on oath. An equally large number of State's witnesses supported the reputation of George White for truth and veracity, and declared it to be irreproachable.

The motion for new trial raised the questions discussed in the opinion.


DISPOSITION: Reversed and remanded.


CORE TERMS: general reputation, attacked, reputation, veracity, new trial, continuance, confined, co-defendant, particular individual, refuse to credit, moral character, credibility, convicted, acquitted


HEADNOTES: Practice -- Continuance. -- Absence of one of defendant's attorneys from the court when the case is called for trial will not entitle him to a continuance, when it appears that he is represented by other counsel and that no one of his rights is jeopardized.

Practice -- Evidence -- Case Stated. -- At a former term of the trial court the defendant was tried and convicted of theft, but upon the affidavit of his co-defendant, who was separately tried and acquitted, he was awarded a new trial. Upon this trial, his co-defendant having departed this life, the defendant offered in evidence the affidavit of his co-defendant upon which he secured the new trial. Held, that the proposed evidence was properly excluded.

Practice -- Impeaching Testimony -- Charge of the Court. -- The trial court charged the jury as follows: "When the general reputation of a witness for truth and veracity in the community in which he lives has been attacked, the inquiry must be confined to his general reputation, and not what a particular individual or a few individuals may believe concerning him; and the investigation is to be confined to his general reputation for truth and veracity, and should not extend to his general moral character; and the jury is authorized to refuse to credit and believe any witness whose reputation has been so attacked, or you may credit and believe him as you see fit and proper and believe to be proper to do so, just as though his reputation had not been so attacked; for, as before told you, you are the sole and exclusive judges of the credibility of each and all of the witnesses who have testified before you in the case." Held, in view of the evidence in this case, materially erroneous.


COUNSEL: H. W. Greer, for the appellant.

W. L Davidson, Assistant Attorney General, for the State.


JUDGES: Hurt, Judge.


OPINIONBY: HURT


OPINION: [*601] [**7] Hurt, Judge. The defense asked a continuance of the case on account of the absence of the leading counsel, Hal W. Greer, which was denied, and this was urged as error. It is not made to appear in the motion for a new trial, or otherwise, that any injury resulted to appellant, he having had the services of two attorneys. This being so, the refusal of the continuance was not error. (Boothe v. The State, 4 Tex. Ct. App. 202.)


The appellant and one Patridge were jointly indicted and at a former term, a severance being granted, appellant was convicted and Patridge acquitted. The motion for a new trial in appellant's case was supported by the affidavit of Patridge, and was granted. [*602] Upon this trial the defense offered in evidence this supporting affidavit of Patridge, it having been shown that he was dead. This evidence the court rejected, and this is urged as error. The ruling of the court was correct. We know no rule of evidence holding such a document competent evidence bearing upon any issue in the case.


The court charged the jury as follows: "When the general reputation of a witness for truth and veracity in the community in which he lives has been attacked, the inquiry [**8] must be confined to his general reputation, and not what a particular individual or a few individuals may believe concerning him, and the investigation is to be confined to his general reputation for truth and veracity, and should not extend to his general moral character; and the jury is authorized to refuse to credit and believe any witness whose reputation has been so attacked, or you may credit and believe him as you see fit and proper, and believe to be proper to do so, just as though his reputation had not been so attacked; for, as before told you, you are the sole and exclusive judges of the credibility of each and all of the witnesses who have testified before you in the case." Several witnesses having testified, for the defense, in effect, that the reputation of the State's witness, George White, for truth and veracity was bad, it is urged that the charge is objectionable as being on the weight of evidence.


This charge was wrong, and under the peculiar facts of this case it was evidently injurious to appellant. See such a charge discussed in Bishop v. The State, 43 Tex. 390; 1 Texas Court of Appeals, 440; Leverett v. The State, 3 Tex. Ct. App. 213.


This error [**9] in the charge of the court, under the facts of this case, though not excepted to, requires a reversal of the judgment. There are no other errors assigned.


Reversed and remanded.
Opinion delivered February 1, 1888.

Notes from Frank
Charles Walter McFaddin was born on 11-19-1859 in Beaumont, and died on
9-15-1938 in Casa Grande, AZ. His first wife, Mary Mildred Ellis, was born
on March 5, 1866 (I'm not sure where), and died on March 1, 1909 in Corpus
Christi, Texas, and is buried in the New Bayview Cemetary there. They had,
I believe, 8 children. Lelia, born August 1884 in Edwards County, Texas
(near Rocksprings), James Ellis, born in March 1891 in Idaho, William Roy
(like James Ellis, was known by his middle name "Roy"), born June 1893 in
Idaho and died Jan. 23, 1968 in Victoria, TX (he was the first postmaster at
McFaddin, Texas, near Victoria), Ethel born in July 1894 in Idaho, died
12-26-1980 in Rocksprings, Texas, Nellie, born May 1896 in Texas, Ruth, born
August 1898 in Texas, and Nannie, born May 1900 in Sterling County, Texas.
All of this generation, as you can imagine, are no longer with us. Ruth was
the last of the generation, and I think she died around 1991 or 1992 and is
buried in Rocksprings. I had the pleasure of meeting all of that generation
except for your grandfather, James Ellis, and Nannie, whom I believe died as
a child.

Lelia married A.L. Fawcett, Roy married a lady named Nellie, Ethel married
James Little Epperson on July 5, 1920, Nellie married John Dissler, Sr., and
Ruth married several times, the last of whom was John Schwartz. I don't
have too much information on offspring, except that Lelia had one daugher,
Mary Mildred; Roy did not have children; Nellie had one son, John Dissler,
Jr., who had 2 sons, one named Clay; and Ethel had one daughter, Mary Jane,
who married Thomas Glasscock and herself had 3 kids, Thomas Franklin,
Abigail and Jim; and Ruth did not have any children. You can fill us in on
James Ellis's offspring.

My mother can tell you even more about Charles Walter, known sometimes just
as "C.W." to friends and family, and she also has some great stories to
tell. She also has stories about your great grandfather, so we'll need to
somehow get y'all in touch. I'm copying her with this e-mail.

This weekend, we're making a trek over to Beaumont with some of our family
to visit the McFaddin-Ward home (located on the old McFaddin homestead, and
built by C.W.'s older sister Di, and later by Wm. Perry Herring McFaddin,
C.W.'s older brother, and some of the gravesites), now a museum. The story
that is told, but unconfirmed (and certainly not told by the W.P.H. progeny)
about Spindletop is that C.W. owned part of the land on which Spindletop,
the huge oil gusher and field, but sold it to his brother W.P.H. (known in
the family as "Perry") after Perry told him that the land was worthless and
he'd be happy to take it off his hands for some change. The land had
previously been in their father's estate. Shortly thereafter, the story
goes, Perry leased the land to the folks that brought in the gusher. I'm
not sure whether it's totally true, but C.W.'s kids (including my mother)
believe it to be, and who am I to doubt my mother? It makes for an
interesting story, and certainly explains the distance between those
branches of the family. C.W. had a strong dislike for his brother Perry.

As to our side of the family, C.W. remarried on February 2, 1915 to my
grandmother Mabel Maurine Dugger (b. 2-20-1888 near Seguin, TX, died
5-5-1977 in Ellicott City, MD), and they had four children, Charles W., Jr.,
born 1-13-1918 in Edwards County, TX, who married Marie, and had one son,
Charles, known as Chuck, who is still in Casa Grande, AZ; Sylvia, who was
married to Robert Palmer, then later Ronald Pottebaum and had one son
Ronald, Jr., and later married to Joseph Cicora; Allen Minor, born
10-13-1923 in Beaumont, who married Constance (Connie) DeRouhlac, who had 2
kids, Michael and Marilyn; and my mother Julia Alice, born 11-24-1924 in
Beaumont, who married Eugene Reilly, and they have 3 children, Amy, born
2-23-1954, Susan, born 3-25-1958 and Frank, born 4-10-1960. Amy is married
to Dan McMurrough, and they have one daughter, Erin Leigh, born 6-4-1985.
Susan is married to Steve Gibbs, and I am unmarried. Julia is the last of
her generation as well.

As I said, mother will have more details on stories, background and history.
C.W. moved his family around a lot during his lifetime, especially for
someone who lived during his times. Born in Beaumont, he lived variously in
the Texas towns of Corpus Christi, San Antonio, Rocksprings, Sterling City,
and Colorado City --- and probably more. He also lived for a while in
Idaho, where a lot of his children were born. For a time, up to the Mexican
revolution, he lived in Mexico, where he owned a very large ranching
operation that was ultimately nationalized, and had to flee the country by
train under gunfire -- James Ellis was along for that trip. Last, he
settled in Casa Grande, where he was a farmer and also bought a silver mine
that apparently didn't have much silver.
Mother has clarified the Spindletop story a bit for me. Her recollection is that after the Spindletop field was discovered, W.P.H. (Perry) contacted C.W. about some land that C.W. owned near Beaumont. Perry said that his men had checked out the land and determined that there was little likelihood of oil being on the land, so C.W. sold it to him at a low price. Shortly thereafter Perry drilled and found oil on the land. I am working on getting together with my (I guess our) cousin Franklin Glasscock of Rocksprings, Texas, who has collected a fair amount of history on the family. Franklin (Thomas Franklin Glasscock, Jr.), is the son of Mary Jane Epperson Glasscock, who was Ethel McFaddin Epperson's only daughter. Ethel would have been your great aunt, I believe (she was my aunt). Franklin spent a great deal of time with Aunt Ethel and her two sisters, Ruth and Nellie, so I'm hoping that he will have even more information to share.

We obtained a copy of the family tree that the McFaddin-Ward house had -- did they send you a copy? It was a bit incomplete (and inaccurate) for C.W. and his progeny; Mother is working on some corrections. I'd be happy to mail you a copy if you'll forward me your snail mail address.

Mother remembers your grandfather very well. She said she even recalls the day that he first came to Casa Grande. She said that his sons were wearing knickers and that was the first time she'd ever seen clothes of that sort. Ellis had come to Casa Grande at his father's request (all his kids called C.W. "Papa") to help him with the farm. Ellis' brother Roy had also come out, but did not stay long, and returned to the Victoria area where he ranched until he died. Apparently C.W. didn't pay Ellis very well. Mother says that after a while, she recalls Ellis coming to her father and telling him that he had to do something else for funds to support his family. Apparently that was when he became sheriff, then later justice of the peace. She also remembers your grandmother, Rowena. Mother said that she was a very beautiful woman.

In addition to the language barrier, Rowena also had some speech impediments, and my mother recalls that it was difficult to understand her. Ellis and my grandmother (and your step great-grandmother) Mabel McFaddin could understand her.

After their escape from Mexico (it was Mexico, correct? I have also heard Nicaragua), Rowena apparently lived in constant fear that her father's family would track her down, and either kill all of them, or kidnap them. Mother recalls that Rowena frequently hid behind the curtains in her home. The fears never came true, of course, but they haunted her for the rest of her life. In her later years, she was apparently placed in an institution -- Mother believes in San Antonio, Texas. The diagnosis was that she was not insane, but that she had difficulties with speaking and social interaction.

On the Mexico issue, Mother says that they had travelled there sometime after Mary Mildred Ellis McFaddin died in 1909, and that all of C.W.'s children from that generation were in Mexico with him. After hearing that trouble was on its way, C.W. packed up the kids and left town, and left a reluctant and stubborn Ellis behind. Ellis was apparently in love with Rowena and didn't want to leave, and was ultimately jailed. Rowena somehow either pleaded for his life, or smuggled him out of the country -- it's a bit unclear. Does any of this sound familiar to you?
also meant to add that Mother believes that C.W. owned a very large portion of the state of Oaxaca, Mexico, which is where she thinks Rowena was from, and that her family (the Samozas?) was very prominent there and had descended from Spanish nobility. It is also thought that her family is also the same ones that were prominent in Nicaragua



More About Charles Walter McFaddin and Mary Mildred Ellis:
Marriage: Texas.

Children of Charles Walter McFaddin and Mary Mildred Ellis are:
  1. +James Ellis McFaddin, b. March 04, 1887, Lewiston, Idaho, d. August 25, 1958, Casa Grande, Pinal Co. Arizona.
  2. William Roy McFaddin, b. January 25, 1893, Mason, Idaho, d. January 23, 1968, Texas.
  3. Ruth McFaddin, b. August 1898, d. date unknown, El Paso, Tx.
  4. +Ethel McFaddin, b. July 02, 1894, Idaho, d. December 26, 1979, Rock Springs, Edwards, Co., Tx.
  5. +Leila Rachel McFaddin, b. Abt. 1884, d. January 03, 1969, Lampasas, Tx.
  6. +Nellie McFaddin, b. May 27, 1896, d. February 09, 1990, Del Rio Texas.
  7. Nannie McFaddin, b. May 1900, Sterling County Tx., d. date unknown.

Children of Charles Walter McFaddin and Mabel Maurine Dugger are:
  1. +Allen M. McFaddin, b. October 13, 1923, Jefferson County Texas, d. date unknown, Casa Grande Arizona.
  2. +Charlie McFaddin, b. January 13, 1918, d. October 1967, Beaumont, Tx.
  3. Sylvia McFaddin, d. date unknown, Casa Grande Arizona.
  4. +Julia Alice McFaddin.
Created with Family Tree Maker


Search for Family - Learn About Genealogy - Helpful Web Sites - Message Boards - Guest Book - Home
© Copyright 1996-99, The Learning Company, Inc., and its subsidiaries. All rights reserved.
© Copyright 1995-97 by Matthew L. Helm. All Rights Reserved.