The Case of Dick Duncan The Players Part VI

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Leigh Burleson - Attorney for Richard Duncan

He was one of the pioneer citizens of San Saba, and he is a member of the Burleson family of Texas, whose name has added luster to the history of the commonwealth. General Ed. Burleson, his grandfather's cousin, commanded a regiment at the battle of San Jacinto in 1836, and it was in his honor that Burleson County was named. Richard and Sallie (Leigh) Burleson, the parents of Leigh Burleson, were born in northern Alabama, came to Texas in its early history and settled first in Washington county, but later moved from there to McLennan County. It was at the latter place that they reared their son Leigh, and his educational training was received in the old Waco University which was later merged into Baylor University.

He was born in Washington county, Texas, in 1847. He studied law and was admitted to the bar in 1873. In 1876, he came to San Saba on account of impaired health, and for several years was engaged successfully in cattle ranching in San Saba County, owning a fine ranch at the mouth of Brady Creek. After selling his ranch he devoted his efforts principally to the practice of law and has achieved success in his profession. He is prominently identified as a public-spirited citizen in the commercial and agricultural development of this county, being associated with such enterprises as the building of the new railroad and the promotion of the great irrigation project (San Saba River Irrigation Company), for which Mr. Burleson served as attorney. Burleson married Bee Moore, a daughter of Woods Moore, a noted pioneer of Bastrop County. The Burleson’s had five children: Russell Burleson, Lieutenant Richard Burleson, a graduate of West Point, Worth Burleson, manager of the San Saba Oil Mill; and Wade Burleson and Mrs. Mary Leigh Price.

Theodore J. McMinn 1845-1907 - Attorney for Duncan

Was Formerly Deputy Clerk of Cass County—A Brother of Mrs. Charles Knauss and Miss Sallie McMinn. T. J, McMinn, formerly deputy clerk of Cass County, a, brother of Mrs. Charles Knauss and Miss Sallie McMinn, of this city, has been nominated.by the Populists for judge of the Supreme court. Mr. McMinn resides at San Antonio, Texas, and the Daily Express of that city has the following to say of him: "T. J. McMinn, nominated for a seat on the supreme bench, is a young man and a hard worker.

He was born in Indiana in 1850, and when he got old enough to work, he went into a blacksmith shop and there earned a living and an education sufficient to make him eligible to a clerkship, which he held three years, reading law in the meantime. He graduated from the law school at Bloomington, Ind., where he practiced law. He went west and got into the business office of a newspaper, where he stayed eight years, until 1887, when he came to Texas, settling in San Antonio and engaging in newspaper work as an editorial writer, being dropped for political reasons.

He then began the practice of law in Texas, the first case to bring him into prominence being the Dick Duncan case, in which the validity of the criminal code of the State was attacked and which was taken to the US Supreme court. He was a Democrat until 1891, when he joined the Populist party. In 1892, he was a candidate for congress in the Twelfth District and made a “very good race.”

A multitalented but mercurial reformer, Theodore J. McMinn was a founder of the Texas People’s party and a Populist party nominee for Congress in 1892, the Texas Supreme Court in 1896, and for governor in 1900.

Winchester Kelso – (1858-1925) - Judge of the Duncan Murder Trial

Born in Dewitt County, Texas and came to San Antonio as a young man and took up the practice of law. He was educated in the state, admitted to the bar in 1873; was elected county attorney of Maverick County 1884 and again in 1886; was appointed district judge of the Forty-first Judicial district Governor Ross in March 1887, and elected by the people to the same office in November 1888, but resigned In February 1892 to resume the practice of law. He was a candidate for congress in 1896 of the 12th District, a member of the Masonic fraternity and particularly active in the Scottish Rite.

Ira Aten, Texas Ranger (1862 – 1953)

Ira Aten was born on 3 September 1862 in Illinois. Aten's father, Austin Aten, a Methodist minister circuit rider, moved the family to Texas in 1876, settling near Round Rock. In 1878, Ira witnessed the death of outlaw Sam Bass. Listening to the Texas Rangers present, young Aten decided to become a lawman.

Aten joined the Rangers in March 1883. He became a member of Company D under Capt. L. P Seiker and later served as Sergeant under Frank Jones. He served as a Regular Ranger for over six years and then as a Special Ranger (volunteering without pay) until 1891. Most of his work was in the counties bordering the Rio Grande, roughly from Pecos to Rio Grande City.

While Aten was involved in many cases, he is probably best known for his involvement in what has become known as the "Fence-Cutting Wars." When barbed wire was first introduced on the range, many people took exception to the fact that what was once free-range was now fenced, and began cutting fences, especially on the larger ranches. In some cases, these fence cutters resorted to violence and sometimes murder. Beginning in 1886 Aten was assigned to help track down and capture fence cutters. Often working undercover as ranch hands, Aten and his partners would investigate the fence cutting and had a great effect on reducing the amount of damage being done. In 1888, Aten placed dynamite bombs along some of the fences that had been cut several times. According to his memoirs: "I fixed the bombs so that when the fence was cut between the posts it would jerk a small wire laid under the grass to the cap and explode the bombs."

The Adjutant General did not approve of this method and ordered Aten to remove the bombs. Instead, Aten exploded several. Even though no more bombs were present, word spread that the bombs were planted on all the fences in Navarro County, effectively stopping the fence cutters in that area. His Ranger activity in Fort Bend County during the Jaybird-Woodpecker War caught the attention of the leading citizens of the area and he was appointed sheriff of Fort Bend County.

By December of 1890, he was living in Castro County. In 1893, he was appointed sheriff in Castro County. In 1895, Aten was hired by the Capitol Syndicate Company to help stop cattle rustlers on the XIT Ranch. He created a ranch police force of twenty cowboys, enlisting the aid of two other former Rangers, Ed Connell, and Wood Saunders.

In 1904, Aten moved his family to the Imperial Valley of California. In 1923, Ira Aten was elected to the Imperial Valley District board, a body that helped push through the legislation which authorized the building of Boulder Dam and the All-American Canal to bring water to southern California. He remained active in community organizations all his life. In 1945, Aten's Memoirs were published by J. Marvin Hunter in his magazine, Frontier Times. Ira Aten died of pneumonia at the age of 91 on 5 August 1953. He is buried in the Evergreen Cemetery in El Centro, California.

John R. Hughes - Texas Ranger (1855 – 1947)

John Reynolds Hughes was born 11 February 1855 in Illinois. The family later moved to Kansas. At the age of fourteen Hughes left home and eventually made his way into Indian Territory. He lived among the Choctaw and Osage Indians for about four years and then lived with the Comanche in the Fort Sill area. There he worked as a trader and for a short time as a trail driver. Hughes' right arm was partially disabled during a fight, but he quickly learned to shoot with his left hand. Hughes moved to Texas, buying a farm near Liberty Hill where he raised horses.

In 1886, several horses were stolen from his and neighboring ranches. Hughes trailed the men for several months, killing some of them and capturing the rest. He returned the stolen horses to their owners. His feat gained the attention of not only the outlaws but also the Texas Rangers.

In July 1887, Hughes helped Texas Ranger Ira Aten track down and kill escaped murderer Judd Roberts. In August 1887, Hughes was persuaded to join the Texas Rangers. He had risen to the rank of sergeant in Company D Frontier Battalion by 1893. When their Captain, Frank Jones, was killed in June 1893, Hughes was promoted to captain of Company D. For most of his career, Hughes served along the border of southwest Texas.

In 1901, when the Frontier Battalion was abolished and the State Rangers created, John Hughes was selected as one of the four Captains of the new companies. He served until his retirement in 1915. During the 28 years he was a Ranger, Hughes dealt with a wide variety of cases including thefts at the Shafter silver mines, cattle rustlers, horse thieves, murders and even the Maher-Fitzsimmons prize fight. He was known as "the border boss."

In his book Trails and Trials of a Texas Ranger, W. W. Sterling described Captain Hughes in this way: "John R. Hughes had every requisite of a great captain: initiative, courage, intelligence and judgment. He loved the Service. One of the axioms he used in enlisting his men. . . was 'Nerve without judgment is dangerous and has no place in the Ranger Service.' "

John Hughes never married. He spent his retirement years prospecting and traveling by automobile. He was also involved in the banking industry, becoming chairman of the board and largest stockholder of the Citizens Industrial Bank of Austin, but he continued to live in El Paso.

In 1940, John R. Hughes received the Certificate of Valor, an award commemorating the bravery of peace officers. He moved to Austin to live with a niece, and on 3 June 1947, after living through the end of the frontier and two world wars he committed suicide at the age of 92. He was buried in the State Cemetery in Austin, Texas.