Beyond our Elusive William Daniel

In 1880 he was in Erath Co. with his father John Adams Daniel. In 1920 in Somerville County, TX with his third wife. (See note for third wife.)

In the The Dublin Progress dated 9 Feb 1912, there is an article that mentions that the Gustine Pharmacy owned by Dr. J. G. Daniel had filed a petition for bankruptcy in the Federal Court in Fort Worth. The business had closed the prior Friday. The assets would probably reach $2500. He had been a resident of Gustine for many years. There was a meeting of the creditors scheduled for Saturday at 9 AM, February 17th in Fort Worth.

It appears that around 1912 there was a couple of court cases in the Criminal Court of Appeals that mentioned him. One appears to be J. H. Harrison v. State., No. 2058, Decided November 27, 1912, and the other was J. H. Harrison vs. State, No. 2063, decided November 27, 1912, rehearing denied February 5, 1913. It appears that a man a man named Harrison paid a man named Waldrip $150 to take his daughter out of the county to keep her from testifying against her seducer. The cases originated in Comanche County, and named Sam Wimberley, Sol Ingram, and J. G. Daniel in the cases. The plaintiff argued that he had not paid Mattie Waldrip and her father to give false testimony, just money to leave the county and avoid subpoena. The fact that Ingram, Wimberley, and Dr. Daniel had produced an abortion was irrelevant to the charge. That information was inadmissible. The second case addressed the seduction and abortion issues. In that case Mattie Waldrip had testified that Wimberley brought her medicine to induce an abortion on two occasions, and when that did not work, Dr. Daniel performed surgery on her to cause an abortion.

There is a record in Comanche County, Texas for a judgment record in which he was the defendant, and J. P. Karly (?) was the plaintiff (Vol. 3, p. 69 and 71). Unfortunately, we could not find the records that this source referenced.

This case may be one that I later found on fastcase. There were two appeals of the case. The first was 175 S.W. 731, Cox et al. v. Kearby (No. 8128), Court of Civil Appeals of Texas, Ft. Worth, March 13, 1915. On Motion for Rehearing, April 17, 1915. That case was an appeal from the District Court, Comanche County, J. H. Arnold, Judge. It was a suit by J. P. Kearby against L. B. Cox and others. It was filed in the district court of Comanche county by the plaintiff, J. P. Kearby, against J. G. Daniel and wife, L. B. Cox, and H. H. Stephenson, April 3, 1914. That case reversed the findings of the lower court. A later appeal, 211 S.W. 932, Kearby v Cox et al, (No. 75-2839), Commission of Appeals of Texas, Section B., May 28, 1919 again reversed the decision of the appeals court. The case involved some land, on which J. G. Daniel had had a business homestead. There were some liens against the property. There was also a transfer of property from J. G. Daniel to J. P. Pettit & Co. which was questionable. The case indicated that the plaintiffs said the transfer was not a transfer of a deed, but rather only a mortgage. The title had not been filed. Also, they claimed that it was a mortgage rather then a conveyance of property, but that since the property was a business homestead at the time of the supposed conveyance, such mortgage was void and inoperative for passing title. J. P. Petit & Co. then sold the land to L. B. Cox (Daniel's son-in-law) and H. H. Stephenson at the insistence of J. G. Daniel. The plaintiff won the case in the lower court where it was tried without a jury. Judgment was given to the plaintiff for the aggregate amount of the two judgments in the total amount of $250.93. They canceled and annulled all homestead claims of J. G. Daniel and his wife against and to the said property, from which judgment H. H. Stephenson and L. B. Cox appealed. J. G. Daniel and his wife made no appearance in the trial court. At the time of the conveyance, Daniel owed money to the bankers for around $175 or $200. He was also indebted to Comanche county for a fine amounting to $385. He also owed money to various other parties in amounts totaling to within $140 of the purchase price which Cox and Stephenson were supposed to have paid, to wit, $1,200. All the debts were assumed by Cox and Stephenson. Daniel had gone through bankruptcy proceedings, and had this property which was used as a drug store and occupied in part by Duke & Co. It was also used as Dr. Daniel's medical office. The medical license of Dr. Daniel was forfeited by a judgment of the district court of Comanche county on November 4, 1912. Stephenson later was supposed to have paid his portion of the land to Cox. That transfer was not filed prior to the trial. The first court found that the transfer to the bank was a mortgage, rather than a deed. The appeals court ruled that there had been no fraud in the transactions. The effect of the transaction was to make Cox a preferred creditor of Daniel, and to deny the plaintiff participation in the proceeds of the sale of the property in question along with Daniel's other creditors. The appeals court said that since the sale was made after Daniel had abandoned the property as a business homestead, and the bank held the title to the property, the bank acted as his agent, and the sale was legitimate although the title had not been filed. The tenant had been paying rent to Cox and Stephenson, and later to Cox alone. The plaintiff could not claim that he was not aware of the sale.

The Commission of Appeals of Texas (May 28, 1919) appeal reversed the opinion of the lower appeals court. It determined that J. G. Daniels and wife had mortgaged the property to secure certain debts due to Petit & Co. On April 30, 1913, Petit & Co. conveyed the property to L. B. Cox and H. H. Stephenson at the request of Daniels for $1,200, which was paid by Cox and Stephenson's paying certain indebtedness of Daniels to Petit & Co. and certain other persons. They also payed Daniels $140 in cash. The deed was not recorded. The court found that they were aware of the fact that it was a business homestead at the time Daniels made the conveyance, which was in reality a mortgage although it was in the form of a deed. J. P. Kearby obtained two judgments against Daniels on November 24, 1913. The court held that there was a difference between a husband's mortgaging a property, and the sale of such property without the joinder of the wife. It also held that the cases which the appeals court had cited were invalid to the case. The court ruled that the original conveyance from Daniels to Petit & Co. was void, because it was a mortgage made on a homestead. Petit & Co therefore had no right to sell the property to Stephenson and Cox, since it had no title to the property. The supposed verbal authority that Daniels gave to the bank to sell the property did not actually give them any power to do so. Cox and Stephenson knew that Petit & Co. had no title, and they knew the facts which show that the conveyance to Petit and Co. was void. It was the finding to the Commission of Appeals that the judgment of the Court of Civil Appeals should be reversed and that of the trial court affirmed.

The Dallas Morning News, 20 Jan 1886 has a notice from Gilmer, (Upshur County) Texas. It says that "Dr. J. G. Daniels has just returned from the Louisville, (KY.) Medical College and at once entered into the practice that he left to attend lectures last fall." In 1886 the judicial council of the Texas State Medical Association announced its new members. Among them was J. G. Daniels. This is not our J. G. Daniel. There is a mention of the death of Mrs. Cumi Daniels, widow of an apparently different J. G. Daniels in Gilmer in 1930. He also had a son named J. G. Daniels. (Dallas Morning News Historical Archive) There is a later obituary for Mrs. J. G. Daniels who died in Gilmore at age 81 in the 14 May 1968, apparently the wife of the son. That Dr. J. G. Daniels was called Gib Daniels. Still, the church records place Jackson Gordon's Daniel's wife in Gilmer at the 1887 - 1891 time frame. The other J. G. Daniels does not appear to be related to our family, although he does have connections with Kerens, Texas since his daughter lived there. More research is needed on this information.

Census:
1900 census, Comanche County, Justice Prec. 2, enum. dist. 29, Series: T623 Roll: 1622 Page: 141
203/204 Daniel, Gordon, head, w, m, Apr 1865, 35, m, married 8 years, AL, VA, VA, physician
----, Lucretia, wife, w, f, Sept, 1874, 25, m, 8, 2, 2, TX, AL, TX
----, Virginia, daughter, w, f, June, 1884, 15, s, TX, AL, AL, at school
----, Carl, son, w, m, July, 1888, 11, s, TX, AL, AL, at school
----, Orestus, son, w, m, Feb, 1892, 8, s, TX, AL, TX
----, Ulric, son, w, m, Oct, 1898, 1, s, TX, AL, TX

In 1910 he was living in Comanche County, Texas with apparently his second wife and three children. He was a physician in general practice. A 50 year old single woman (Margerette Crabb) was living with them listed as a companion. His wife was the mother of three children, and three children were still living. Notice the number of years listed as the number of years of their marriage. If that were true, she would have been 8 years old when they married! Incorrect information here!
183/184, Daniel, Jackson G., head, m, w, 45, m, 2, married 26 years, AL, AL, AL, physician, general practice, own account
----, Lucretia, wife, f, w, 36, 1, 26, 3 children, 3 living, TX, AL, TX
----, Orestus, son, w, m, 17, s, TX, AL, TX
----, Ulric, son, w, m, 11, s, TX, AL, TX
----, Myrtle, daughter, w, f, 7, s, TX, AL, TX
Crabb, Margarette, companion, f, w, 50, s, AR, TN, TN, none

1920, Glen Rose JP 1, Somerville, Texas
Second Avenue
235/240, Daniel, Gordon J., head, owned home, mortgaged, m, w, 54, m, AL, AL, AL, doctor, medical, own account
----, Attie, wife, f, w, 36, m, TX, TN, MO

1930, Glen Rose JP-1, Somerville, Texas
129/137, Daniel, Jackson, head, owned home, $5000, owned radio, not on a farm, m, w, 64, m, 54, no, yes, FL, Fl, FL, doctor, medical, not a veteran
----, Ettie, wife - H, f, w, 47, m, 37, no, yes, TX, AR, MO
George I. Daniel, born in GA (his parents are listed as being born in GA as well) is living next door to them. Any connection?

1940, Glen Rose, Somervell, Texas; Roll: m-t0627-04139; Page: 4B; Enumeration District: 213-1
105, owned, (value and if on farm appear to have been erased), Daniels, Jackson G., head, m, w, 75, m, did not att. school,C-4, Florida, same house, at private work, worked 70 hours, medical doctor, private practices, own account, worked 52 weeks, other income
-----, Ettie Z., wife, f, w, 56, m,did not att. school, H-4, Texas, same house, other work - H, other income
Howard, Ocie, lodger, f, w, 32, s, did not att. school, C-2, Texas, R, Erath, Texas, not on a farm, at private work, 48 hours, office girl, doctor office, paid worker, worked 9 weeks, income 45, no other income

Notice the timeline in regard to the first and second marriage. Rosalie may have left him in August when she moved her church letter. That was three months into the pregnancy of his second wife. Then Rosalie died in December. In February a son was born, and in May Jackson Gordon Daniel married his second wife who was the apparent mother of his son. The second wife was only 17 at the time.

His diploma contains the following information: Central University of Medicine and Science, Jersey City, N. J., Incorporated Under the Laws of the State of New Jersey. To all to whom these Presents Shall Come Greetings:-- Be it known unto all men that the Faculty, Officers, and Board of Examiners of the Central University of Medicine and Science having received satisfactory evidence of the Eminent Attainment, Qualifications, Experience, Knowledge, Learning and Skill of Jackson G. Daniel and deeming him well worthy of the distinction and honor herein bestowed do, by these presents, and by virtue of the authority and power vested in them by the State of New Jersey hereby confer upon him the honorary degree of Doctor of Medicine. And in witness whereof we have set the seal of the university and affixed the signature of the officers thereof at Jersey city, State of New Jersey this 14th day of Nov. 1901 (found in museum in Glen Rose, Texas, copied by hand, May 20, 2000). I recently found that this is a school listed in Polk's Medical Register and Directory of North America published in 1908 (found on Google books). However, the 1908 Journal of the American Medical Association said its charter was revoked in 1891 because it was determined that it existed solely for purpose of peddling diplomas! On page 600 of that book, it is listed as having its charter repealed, and says it was fraudulent.

In 1911 he signed a death certificate for a Pauline Daniel in Comanche County, Texas. She died in Gustine, Texas, and was three days old. Jackson Gordon Daniel's address was shown to be Gustine as well.

James Daniel provided information that he obtained from the National Genealogical Society, 4527 17th Street North, Arlington, Virginia 22207. It indicates that he was charged with murder in connection with the death in January 1914, of Mrs. Josie Maddox. He pled guilty to the charge and was sentenced to 14 years in the penitentiary. She died after an "illegal operation." A March 6, 1915 note on the AMA files indicates that although he had pled guilty, the case was still in the courts at that time to the best of knowledge of M. P. McElhannon, Secy.

The Waco Daily Times-Herald, Monday, March 2, 1914 (Reel 61, Jan-Mar., 1914, located in the Waco Public Library) contains the following account: "WACO PHYSICIAN IS ARRESTED FOR MURDER DR. J. P. DANIEL CHARGED WITH DEATH OF MRS. JOSIE MADDOX. Crawford Woman Dies as a Result of Alleged Criminal Operation--Had Been Twice Married. Dr. J. G. Daniel, 58 years of age, a physician of this city, was arrested at 1 o'clock this afternoon charged with the murder of Mrs. Josie Maddox of Crawford. Mrs. Maddox died on February 2, as a result. It is alleged, of a criminal operation. The charge of murder on which Dr. Daniel was arrested today was filed by T. J. Cosgrove, justice of the peace for the Crawford precinct, who came to Waco this morning accompanied by Alex Armstrong, city marshal of Crawford. Mr. Armstrong was instrumental in obtaining the evidence on which the complaint was based, having been at work on the case ever since Mrs. Maddox's death. It is alleged that the operation on Mrs. Maddox was performed on Friday, January 30. Mrs. Maddox died the following Monday. She was 35 years of age. She had been twice married, but separated from both her husbands. Her first marriage was to S. S. Maddox of Crawford, her second to Albert Lee of Crawford. She had four children, all of whom are living at Crawford where she owned a farm of several hundred acres. Mr. Armstrong stated this morning that Mrs. Maddox wrote to her husband almost continually from the time the operation was performed until her death. Dr. Daniel was arrested on the street by Constable Leslie Stegall and placed in the county jail where he is awaiting examining trial."

I got the following trial information from the courthouse in Waco. We found his name in the Index of Criminal Records. There were two cases:

3626 for abortion, dismissed 11/17/14 (dismissed by the state because he had been tried and convicted on another charge based on the same facts and it would not be legal to try him again)

3630 for murder, dated 11/17/1914 with a verdict of 14 years in the penitentiary. The indictment says 14th of Mar 1914 with a note at the top that says Jail)

The following is the information from the case 3630: The judge was Richie (?--couldn't read the writing), Judge 54 Judicial Dist. The lawyer was Tom M. Hamilton. The Foreman of the Grand Jury was G. F. Burr (same for both cases). It was Filed 13th day of Mar. 1914, certified 14th Mar., 1914. The writ to serve copy of Indictment was 14th Mar., 1914.

The following is the information from the case 3626: The indictment was dated 13 Mar., 1914. There was a note at the top that said Bond. It was certified 14th Mar. The foreman was the same as the above case. The Sheriff's Return was executed 13th Mar., 1914 by arresting the said J. G. Daniels and taking his bond. The attorney for the Deft. was R. Q. Murphree, 9th day of Nov., 1914. There was a motion to dismiss which was filed 11/28/1914 which was requested by the state because the earlier conviction based on the same facts barred trial.

There were some interesting things I discovered as I looked through other papers. There were witnesses subpoenaed for the defendant. Many of them were from other counties. And some of them apparently did not show up. They had to go after them. Some were fined. I did not copy all of the records, so I don't know how many. I discovered that there were apparently fines, and law officers sent for them the day before the conclusion of the trial. Strange.... If I am reading this correctly, they must not have wanted to appear in his defense. I found a Patterson among the witnesses from Coryell County.

Apparently he served time in Huntsville Prison. In the Texas, Conduct Records, 1875-1945, he is mentioned in record 36895. Apparently he was admitted to Huntsville 23 Dec 1914. He tried to escape from the Shaw farm where he was working as a trusty on 9 Nov 1917. Apparently he was recaptured 11 Nov 1917. About two months later, 28 Jan 1918, he was pardoned in full by Governor Hobby in procedure 15736.

From the Glen Rose Archives I obtained copies of his Medical license which he filed in Glen Rose. The original license was issued 18 Mar 1908 (following provisions of a law issued in 1907). He lived in Comanche Co., TX at the time it was issued. It was filed 23 Feb 1918 in Somerville Co, TX. It said the school of medicine to which he belonged was alapath (sic).

24 Sep 1936, Last Will & Testament, J. G. Daniel leaves his estate to: I give to my beloved wife, Ettie Daniel, the home in which I now reside in Glen Rose, together with all my household and kitchen furniture to have and to hold for her use and benefit so long as she shall live. At her death it is my desire that title shall pass to my son, J. C. Daniel, and my daughter, Mrs. Virginia Cox. To my son, O. U. Daniel, and my daughter Myrtle Louise Wilson, the sum of ten dollars each. To my son J. C. Daniel, and my daughter Mrs. Virginia Cox, I bequeath all of my property, both real and personal not otherwise disposed of in this instrument. (Provided by James Daniel)

The following is his obituary: Obituary, 22 Jan 1943, Obituary in the Glen Rose Reporter. Dr. J. S. (sic) Daniel Answers His Last Call. Last Friday evening Glen Rose lost one of its valued and esteemed citizens, when Dr. J. S. (sic) Daniel answered the last summons and the call to "Come Up Higher." Dr. Daniel was 77 years of age. He passed away at 6:30 PM Friday, January 22 , at his home in this city. Dr. Daniel was born in Alabama April 15, 1865. He had practiced medicine in Glen Rose for the past 26 years, and there are probably few homes in all this vicinity that have not at one time or another been very grateful to him for his faithful services. We are told of many instances where at sacrifice and discomfort to himself, he struggled over rough almost impassable roads to reach a suffering patient-knowing as he did so that he could never to get a dollar for his services. If his physicians skill and trained care was needed he lost sight of financial consideration, his uppermost thought being to be of service and to ease and relieve the suffering of mankind. With many present to pay their last respects, funeral services were conducted at 4 PM Saturday, at the Glen Rose Methodist Church, Elder J. L. Collings, a former editor and minister here for many years gave the funeral address. The remains were placed to rest in the Squaw Creek Cem. with Dillon & Son in charge. Dr. Daniel is survived by his wife, Mrs. Ettie Daniel of Glen Rose, two sons: J. C. Daniel of Brownwood, O. U. Daniel of Waco, Two daughters: Mrs. Virgil Cox of Los Angeles, and Mrs. Louise Cook, also of California, one sister, Mrs. D. J. Corley of Oak Cliff, Texas, also twelve grandchildren and six great grandchildren. (Provided by James Daniel) Research by James Daniel: Bosque Co. TX Marriage Records, 1860-1890, in Library of Historical Society of Glen Rose, Somerville Co, TX. Checked by James E. Daniel, 25 Oct 1995. 10-1-1883 J. G. Daniel to Rosalee Fox.

Death Certificate:
He was Dr. Jackson Gordon Daniel, born 15 Apr 1865 in Alabama, died 22 Jan 1943 in Glen Rose, Somerville County, Texas. He had been a resident of Glen Rose for 26 years. He was a physician. His father was John A. Daniel, born in Alabama, and his mother was Amanda Kirkpatrick. He was male, white, and married. He had no social security number. J. C. Daniel of Brownwood was the informant. The primary cause of death was partial obstruction of coronary artery, contributory causes were embolism of politerl (?) artery of the left leg. Burial was at Squaw Creek Cemetery, 23 Jan 1943.

Copy of Marriage License between J. G. Daniel & Rosalee Fox in hands of James E. Daniel. 30-31 Jan 1920 U S Census Tape T625-1847, Glen Rose Precinct #1 Somerville Co TX shows Gordon J. & Attie living alone. 24 Sep 1936 Last Will & Testament of J. G. Daniel, copy in the hands of James E. Daniel. 22 Jan 1943 Obituary in the Glen Rose Reporter. Clippings found in a loose leaf binder at Glen Rose Somerville Co. Historical Society.