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 Grayson
County TXGenWeb
The Death of
Charles Bigbee - Bigby
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Charles Bigbee(Bigby) is buried in his
family cemetery, He was 18rs old and died 16 Aug 1889. He was the son
of Henry & Mary O'Dell Bigby (Bigbee)
The last article below explains what happened.
Sherman Siftings, Dallas Morning News, 27 Sep 1889 page 6
The Judge After the Jury....
Sherman, Tex, Sep 26- It having appeared in Denison papers that
the grand jury had indicted Henry Hockney
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.
Dallas Morning News, 21 Nov 1889 page 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 defence state that the deceased had
a pistol drawn at the time he, Hockney, fired the shot.
Dallas Morning News - Sherman, Shavings, 23 Nov 1889 page 2
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 defence takes the position that the crown 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 defence 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 stuggle 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 thay could not agree, but were sent back.
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Susan
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Grayson County CC
©2008
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