Grandma Fannie Testifies!
A little known fact about my great-great-grandmother involved in an old 1921 court case which originated in Van Zandt County, Texas. Statement of Facts, Cause No. 7698, The State of Texas vs. F. M. Richardson, 86th Judicial District Court of Texas, April Term, A. D., 1921.
Grandma Fannie was subpoenaed to appear as a state's witness in a local trial. The charge was murder. The defendant resided in the Owlet Green community and Fannie was well-acquainted with the family. She received a subpoena from the court by virtue of having encountered and observed the defendant, Frank Richardson, late in the afternoon on the day of the alleged offense. This observation was quite by accident.
The case concerned the family of one of Grandma Fannie's neighbors, the Richardsons. One brother allegedly shot and killed his own brother at their mother's residence, in her presence. The brothers' disagreement stemmed from ownership of the homestead.
The trial was held during the April 1921 Term of the 86th Judicial District Court of Texas in Van Zandt County at Canton. One of Grandma Fannie's sons and a grandson-in-law were also called to testify. When the docket was called and the trial began, the State's "lead-off" witness was her son, John Morgan Martin; she was the second witness.
Here is our opportunity to hear Grandma speak! Indeed, to hear her own words, her own language, spoken in response to questioning by the Honorable D. M. Maynor, State's attorney as follows:
My name is Mrs. Fannie Martin. I live in the Watts Community, three miles beyond Owlet Green on the Tyler and Canton road. That road passes my house. I remember the night Jones Richardson was killed. I saw Frank Richardson pass my house that afternoon. I really don't know exactly what time it was, but it was nearly night; the sun may be been three-quarters or maybe not so high, or may a little higher; I did not notice particularly.
There were two or three wagons in the party. I can't say for sure, but I know there were two; I don't remember whether there were any saddled horses or not. I saw Frank Richardson in the party and spoke to him. They were going mighty fast; the team was mighty worried. They looked like they were being mighty worried.
Yes, it seems to me that I saw Frank Richardson making gestures with his hands as he was talking to the men; they were talking this way (indicating gestures with hands). They were making suggestions, but I didn't hear anything; they were very interestedly talking. They were going at good speed in the direction of the old Richardson homestead. I did not hear of the killing until the next morning. (Emphasis by court reporter.)
They call it three miles from my house to where the killing occurred, and it was right on the hill on the other side of my house that I met them. I was going to my daughter's. I said the team was trotting mighty fast - as fast as they could trot; it seemed that they were mighty worried; they were going straight toward the old Richardson homestead.
(Mr. Maynor passed the witness and Grandma Fannie was then cross-examined by the Honorable N. A. Gentry, defendant's attorney.)
Her testimony continues:
Mrs. Martin; Of course they were going toward Owlet Green - I did not see them make the turn. They passed up that road a half or three-quarters of an hour before sundown and were talking. To tell you the truth I cannot see good, and I couldn't see who was driving the other wagon, and I don't know who it was; it was ________(name withheld) sitting in the wagon with Frank, I think; I took him to be _______(name withheld). That is all I know of the matter.
I never did tell anybody that Frank Richardson was making threats; I was as innocent as could be and never thought of anything. J. M. Martin is my son; he and John Goode are brothers-in-law. No, I can't see well and I did not particularly notice the hindmost wagon to see who was in it. I particularly noticed the gestures - I knew they were mighty interested, it seemed like; I don't know what they were talking about, as I didn't understand anything.
My daughter was with me and we gave them the road.
We can only imagine how uncomfortable and out of her element Fannie must have felt in this situation. One thing we do know from this testimony - she certainly liked to use the word "mighty". The 19th Amendment to the Constitution, allowing women the right to vote, had only been ratified in August 1920. Women were not usually involved in public actions and their primary activities were limited to caring for children and maintaining a home.
However, just looking at her picture, I can only imagine that she knew how to stand her ground!
Fannie and John Thomas "Tom" Martin married 20 June 1874 in Rusk County and moved to Van Zandt
County, Texas sometime between 1881 and 1884. They had eleven children, seven were born in Van Zandt County. All of her children remained in Van Zandt County or nearby Smith County and raised their families.
Background Story of Frank Richardson
Upon trial of the case the defendant was found guilty of the offense of murder, and punishment was assessed by verdict of the jury at twenty-five years in the state penitentiary. The defendant appealed the case; the Court of Criminal Appeals affirmed the District Court's judgment, and the defendant was committed to the Texas Department of Corrections in Huntsville for a period of twenty-five years.
The rest of the story regarding Frank Richardson, the man convicted of the murder of his brother, JonesRichardson. Frank Richardson was 46 years old at the time of the murder and resided in Van Zandt County. Below is an excerpt from the Texas Court of Criminal Appeals stating the facts regarding the disagreement between the brothers that led to the homicide:
"Jones Richardson was shot and killed by the appellant [Frank Richardson]. They were brothers, both being of mature years. They were, at the time, in the house upon the farm known as the "old Richardson home place." It had been owned by the appellant's father and mother; had been their home prior to his death and her home thereafter. Appellant also resided there for 12 years immediately preceding the homicide. His mother, for a short time, had been away, leaving her personal belongings. The daughter and son-in-law of appellant also resided on the farm. They, however, were moving away from it, and appellant was in the act of moving to the city of Tyler, where he was in business. The deceased resided with his family in the state of Oklahoma and had done so for about 12 years.
The appellant had purchased the interest in the farm of all the children, save the deceased, and his mother had made to him a deed to her interest. Shortly preceding the homicide, the deceased came to the vicinity, and, acting on behalf of his mother and in her name, brought against the appellant a forcible entry and detainer suit for the possession on the farm, and upon the trial the judgment was in her favor, and from it appellant appealed.
Evidence of threats against the deceased and conduct indicating ill feeling and expressions of such sentiments was introduced.
Appellant's mother testified that she made the deed to the appellant without understanding the nature of the document that she executed.
Appellant denied the threats and expressions of bad feeling, though he did not think the deceased had treated him right. He explained his possession of the pistol on the occasion of the homicide by stating that he had had difficulty with another person and was expecting trouble with him; that he had no knowledge of his brother being in the place when he went there."
That is a small part of the testimony during the appeal. If you are interested in reading more go to Richardson v. State.
Frank Richardson was sent to the prison in Huntsville, Texas on June 25, 1923. He was paroled less than three years later on February 20 1926 and pardoned on December 20, 1926. Frank's convict number is 49616 and his conduct record is available online from Ancestry.com and Ancestry.com Texas in the database "Texas, Convict and Conduct Registers, 1875-1954". Free access to Ancestry.com is available to Texas residents. If you are not a Texas resident and do not have a subscription to Ancestry, ask your local library if they have access to Ancestry Library Edition.
