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Another Kaufman County Native Hung As A Criminal
Berry Banks Burrell

Submitted by Kathey Hunt

Burrell

   Berry Banks Burrell was born in Kaufman, Texas, in December 1870, the son of William Graham Burrell & Elizabeth Jane McFarland, who were married in Kaufman Co TX on 12 Feb 1852.  His mother was the daughter of early Kaufman County pioneers, James Paul McFarland and Emmaline Ernestine Pyle of Pyle's Prairie.

William G. Burrell was born 20 Sep 1830 in NY and died 3 Apr 1906.   Elizabeth Jane "Eliza" McFarland was born in AL in 1835 and died in 1922.
William served in the 15th Texas Field Artillery in the Confederate States Army from 1863-1865.  His mother drew a Confederate Pension on his service in Parker Co TX after William's death - Pension # 26286.

Berry's parents are reflected on the 1870 Kaufman Co TX census in the town of Kaufman, the year Berry Burrell was born.  HH# 1117/1135

W G Burrell39NYFarmer
Eliza J Burrell35ALKeeps House
James S Burrell8TX 
William A Burrell3TX 

On the 1880 Kaufman County Census - Precinct 5, Berry was 10 years old living with his family.


William Burrell48NYFarmer 
Eliza Burrell43AlKeeps House 
Andrew12TXWorks Farm*this is William Andrew
Berry10TXWorks farm*this is Berry Banks
A.B.7TX *this is Allen B
Thomas3TX *this Thomas J

*NOTE: the son, James S. Burrell born 12 May 1862, died 14 Aug 1873 - is buried at Pyle's Prairie Cemetery.
A B Burrell 1873 - 1956

   Berry Burrell grew up at Stubbs in the southern portion of the county.  According to records he received very little formal education, but was evidently intelligent as on the 1900 census he listed his occupation as a Bank Clerk.

   He had three brothers who lived to adulthood:  William Andrew "Andy", Allen B. "AB" and Thomas Jefferson "Tom".
A B married Amelia Hutchison in Bosque Co TX on 28 Nov 1894
Andrew married Alma Johnson in Kaufman on 27 Jun 1894
Tom married Lillie Alice McCartney in Kaufman on 19 Dec 1894

   By the end of 1894 all of Berry's brothers married, leaving him a "loner".  Like many other single, young men of the day he ventured west to Ft. Worth for adventure and to seek his fortune.  After his arrival there Berry had begun the life of a criminal and it wasn't long before Berry was in trouble with the law in Tarrant County.  He returned briefly to Kaufman to marry Georgia Berryman on 31 Aug 1898.


   Georgiana Berryman was the daughter of Newton Monroe Berryman and Marietta Green.  Newton Monroe Berryman (1841 - 1925) was the son of Maria Helena Dill Berryman an infamous person in Texas history.

Georgiana was born in Cherokee Co TX in March 1872 and she died in 1947 at Lefors, Gray Co Texas.

Georgiana Berryman and Berry B Burrell had three children:

  1. Berry Banks Burrell, Jr. born September 1899 - died 12 Jul 1908 of appendicitis
  2. Leila Burrell born 1901 IT - died 9 Sep 1969 Gray Co TX
    Married Wilber Clarence Breining - had 3 children:
          Berryman McCabe Breining
          Wilber C Breining, Jr
          Rebecca Breining
  3. Heloise Burrell born 1904 IT - died 1961

   In 1908, after divorcing Berry Burrell, Georgia moved her three children from Oklahoma to live with her father on the Berryman Ranch in Goodnight, Armstrong Co TX.  While riding on the train to Armstrong County, Berry Burrell Jr. became ill and died from a burst appendix before they arrived at their destination.

1920 Armstrong Co TX Census  - Goodnight township  HH# 26 / 26

Burrell, Georgia47 widowTXHouse Keeper
Lelia19DauSingleOKSchool Teacher
Herloise16DauSingleOKStudent
Berryman, N M78FatherwidowLAFarmer/Rancher

1930 Donley Co TX Census - Clarendon  HH# 476 /535

Burrell, Georgia57 widowTXHouse Keeper
Burrell, Herloise27DauSingleOKBookkeeper -auto dealer

Georgia and her daughters also lived in Groom, Carson Co TX after her father's death.


Click HERE to See More about Georgia Berryman's family

   Berry moved his bride to the Ft. Worth area, but his criminal activity had not stopped with his life as a married man.  It wasn't long before he relocated like other outlaws of the time, and made his way to the unsettled lands of the Indian Territory, taking his wife there in early 1899.

On the 1900 Chickasaw Nation IT, in the town of Duncan - HH# 246 / 290

Burrell, Berry 29Born Dec 1870TXBank Clerk
Burrell, Georgiawife28Born Mar 1872TXKeeps House
Burrell, Berry B JrSon8/12Born Sept 1899IT 

   In the early 1900's Berry Burrell began a lucrative career as a bank teller, land broker and livestock speculator.  By 1902 Berry had renewed his contacts in Ft. Worth, acting as a land and livestock agent for a company there, and it was at that time he became involved in a land forgery deal with a man named James B Miller - the transaction put a bounty on Burrell's head and his association with Miller would have a dire affect on his life.

   In 1906 Berry's father, William G. Burrell, by then residing at Parker Co Texas, died and was interred at City Greenwood Cemetery in Weatherford.  At the time Berry was in the Indian Territory, buying cattle and hogs for a Fort Worth Commission House. He could not return to Texas to attend his father's funeral, fearing lawmen there would arrest him.  This drove a wedge into the relationship Berry had with his brothers and his Mother, and it was also in that Berry Burrell was divorced by his wife.

   By the end of 1907 Berry had become involved in business with two men with criminal reputations named Joe Allen and Jesse West, who he had met these men through his banking and land endeavors.  West and Allen had been wealthy saloon owners in the IT and had spent their money buying land in Canadian, Texas when it was cheap.  In Texas they had been run out of the state after a bitter feud for a number of years with a cattle rancher named A. A. "Gus" Bobbitt.

   In the later part of 1908 Berry Burrell assisted West and Allen in hiring his old pal from Ft. Worth, James B. "Deacon Jim" Miller, to kill Bobbitt.  Miller, who got his nickname for wearing the black frock coat and other attire of a minister, was a known killer in Texas and Oklahoma.

   Bobbitt was murdered - ambushed and shot while riding his horse on his ranch, on Friday, Feb. 26, 1909.  He was able to ride home where he told his wife who had shot him before dying within an hour.  After the initial investigation, Berry Burrell was named as an accomplice in the hiring of the killer, being the man who actually gave $1,700.00 in cash to Miller for the murder.  Berry was arrested while at the bank where he was employed, still in his white dress shirt.  He was charged along with Allen, West, Miller and Miller's nephew named Oscar Peeler, another friend of Burrell's from Ft. Worth who had helped Miller get from Ardmore to Ada the day of the killing.  Peeler is the one who implemented Burrell in the murder when he turned State's Witness for the prosecution.

   The five men were all placed in jail at Ada, Oklahoma to await trial, all hiring lawyers to defend themselves.  However, they were never tried for the murder charge.  Before sunrise, early on the morning of April 19, 1909, a mob took control of the jail from the deputies and removed Allen, West, Miller and Burrell to a nearby horse stable.  There the vigilantes hung all four men.


Kaufman Sun - 23 Apr 1909

One of four men hung at Ada, Pontotoc Co OK was Berry B. Burrell, who was raised at Stubbs, Kaufman County, and who was living at Duncan Oklahoma.  August 31, 1898 he married Georgia Berryman in Kaufman.  Several years ago she divorced him.


   After Berry Burrell was hung one of his brothers brought his remains back to Texas, by train, to Weatherford in Parker County.  His family had him buried near his father in an unmarked grave at City Greenwood Cemetery.  According to newspaper articles, no one attended the funeral service.

Below is a photo of the men while they hung from the rafters - and below the photo is a transcription of a newspaper account of the story.

Four Hanging
The men are L-R: Allen, Miller, Burrell and West
*photo from a post card entitled "Hanging at Ada, Oklahoma - 1909"

The Daily Ardmoreite
Ardmore, Oklahoma
Monday, April 19, 1909

~ FOUR MEN PAY PRICE OF BOBBITT'S DEATH ~
MILLER, ALLEN, WEST AND BURRELL ARE
LYNCHED BY MOB AT ADA THIS MORNING

At Three o'Clock Two Hundred Determined Men Overpowered Jail Guards, Took Doomed Men From Cells and Strung Them to Rafters in Old Stable.
Work Done Thoroughly and in Order - Little Resistance was Made

Ada, Ok., April 19 - With the lynching this morning about three o'clock at this place of Jim Miller, Jesse West, Joe Allen and D. {sic} B. Burrell, charged with the murder of Gus Bobbitt, ended what was for years one of the bloodiest band of murderers in the state of Oklahoma and an organization of professional assassins, that for a record of blood crimes, probably has no equal in the annals of criminal history in the entire southwest.

The citizens of Ada were horrified but not in the least surprised this morning on arising to find in an old abandoned livery barn back of the jail the cold and dangling bodies of the four men, hanging from the rafters.  When the details of the quadruple lynching became known the entire town was in a furor of excitement and for a time it was believed that violence to other persons would be done, so frenzied had the crowd become, however the work of the lynchers had been so thorough and so systematic and so little fuss had been made that there was little left to do but to notify the relatives of the victims to come and get the bodies.

At three o'clock this morning the guards at the jail, Deputy Sheriffs Walter Goyne and Bud Nestor, were surprised and overpowered by the advance agents of the mob numbering between 150 and 200 determined men.  Nestor attempted to make resistance, but was at once made to understand that no interference would be brooked and was beaten over the head with the butt end of a revolver.

The keys to the cells were secured and the four men, Miller, West, Allen and Burrell were taken out of the jail and to an old abandoned livery stable in the rear where they were strung up one at a time to the rafters of the building.  Their hands were tightly bound behind them with bailing wire and the first man to swing was Miller, and the others were hauled up in regular order.  West was the only one of the quartette to offer any resistance and he put up a desperate fight when he learned what the mob was after.  He was beaten into submission after a fierce struggle which lasted only a short time, and later when his body was cut down he was badly cut and very bloody from the beating.

Three others charged with murder were in jail at the same time, young Peeler, nephew of Miller and two men charged with the killing of Town Marshal Zeke Putman, at Allen, were not molested.

While the mob was carrying out its bloody work two of their number were left at the jail to guard the officers and to prevent them giving an alarm until the lynchers had completed their work.  The deputies under guard were warned not to make an outcry or to stick their heads out of the window for thirty minutes, or they would be instantly shot.

Shortly before the mob appeared at the jail other members visited the electric light plant and forced the employees on duty to cut all wires controlling street light service in the city so that their work might be done without fear of detection or interruption.

Some few of the members of the mob were masked, while the others appeared with nothing to conceal their identity.  It is believed by some that the mob was organized by friends and neighbors of Bobbitt, while others are of the opinion that many residents of Ada had a hand in it.  Certain it is however that no member of the crowd has been apprehended and apparently no efforts have been made to establish any identities.  Sheriff Tom Smith, of Pontotoc county is in Roff today and nothing toward the apprehension of members of the mob has yet been done.  The justices' inquest on the bodies of the hanged men will be held today.

Young Peeler, Miller's nephew has said that he would give out a statement for publication this afternoon.

West and Allen were wealthy cattlemen of Canadian, Texas and formerly lived across the Canadian in the Seminole country.  During their residence there ill feeling arose between them and Bobbitt, caused, it is said by Bobbitt having forced them to leave the country on account of some crooked deals.  A few years ago they removed to West Texas in the Panhandle.

County officers here claim that they hired Miller to kill Bobbitt, turning the money over to Burrell, who placed it in Miller's hands.  The fear that justice would not be done in the trial of Miller is said to have been the cause of the mob's actions, and the information of the acquittal of Stephenson at Norman for the murder of City Marshal Cathey at Pauls Valley is said to have had an influence in causing the mob to act.  Shortly after dusk last night, the guards at the jail saw two men go through the old stable and look around, supposedly for a good place in which to hang the men.  The examining trial of Miller was held Friday and he was bound over without bail.  The trials of the others was to have taken place Tuesday morning, but they waived examination after Miller's trial.

R.F.  Turner of this city, principal counsel for J.B.  Miller had a telephone message from Miller's wife this morning in Fort Worth.  She said that Miller's body would be prepared for burial in Ada and it would be shipped to Fort Worth.  She made arrangements with the First National Bank in Fort Worth to have Oklahoma State Bank in Ada pay the expenses for preparing the body for burial.

Jesse West who was one of the men mobbed last night is about 38 years of age and has a wife.  He was reared in Indian Territory on a farm and his first business venture was to embark in the saloon business in Potawatomie county Oklahoma.  The saloon was known as the "Corner Saloon," and was the scene of many killings.  It was on the border of Indian and Oklahoma Territories.  It is said also that West killed a man named Picket in Duncan about ten years ago and was acquitted.  It seems that Pickett had before that time killed a brother of West.  Jesse West and Joe Allen were partners in the saloon business.  They sold out and left the country with about ten thousand dollars.  They went to West Texas and bought many acres of the cheap panhandle lands.  The land soon become valuable.  West recently attended the Stockman's convention and told a friend there that he was worth $40,000.  Allen had made similar investments to West and was said to have from fifty to seventy-five thousand dollars.

John Williamson who was arrested in connection with the killing of A.A.  Bobbitt on the 27th of February has been released on a $2,500 bond.  Oscar Peeler who lives on the McLain farm west of Ardmore is in jail charged with complicity in the affair.  He was the only man in jail charged with the killing who was spared.  Peeler is a lad about nineteen years of age.  His youth probably saved him from the noose.

John Williamson, a man about 24 years, living at Francis is the person who turned state's evidence.  In his story he said Miller came to his house and borrowed a mare.  A deal was made between the two men for the purchase of the animal.  Miller gave him $20 and promised him $80 more if he took her and if he did not keep the animal Williamson was to have the $20 for use of the animal.  Miller rode off from Francis and returned Monday before the killing on Saturday.  He told Williamson he was on a cattle deal and if he made it he would give Williamson a job in helping drive the cattle from the country.  He left the Williamson home again and returned between nine and ten o'clock on the night of the killing.  According to his testimony Miller was restless and complained of headache.  Supper was prepared for him and he retired for the night.  He coughed frequently through the night and did not rest well.  On the following morning both Miller and Williamson took mounts and rode to Sasakwa some nine miles north.  While riding together Williamson says Miller told him that the cattle deal was not made but that he had killed Gus Bobbitt and told him it would not be well for him if he ever told anything.

Berry Burrell one of the men hanged could have saved his life probably if he had been willing to tell what he knew.  The county attorney had a talk with him last Thursday and urged Burrell to confess and tell what he knew of the others.  This he positively refused to do.  Burrell has a number of acquaintances in this city.  He has been engaged in the banking business at Duncan and at Cornish and has dealt some in Indian lands.  He is a man who was presumed to act as treasurer.  In the conspiracy it is charged that Burrell was to receive the money and turn it over to Miller.  A telephone conversation between Miller at Roff and Burrell at Ada connected Burrell in a manner that the mob felt justified in the lynching of him.  Miller and Burrell were also seen together in Ada just before the killing.

The loss of the wire clippers carried by Miller and the loss of the oil cloth in which he kept his shot gun wrapped led to the clue that finally convinced the officers and the citizens of Pontotoc county that they had the right man.

The man West who was hanged is said to have been nervy.  He was afraid of nothing and had had trouble with Bobbitt.  A killing was expected for many months between the two men and it is claimed that West and Allen furnished the money to hire Jim Miller to commit the crime.  What evidence the officials had to connect these men with the crime is not known as their examining trials had not been held.  They were set for today but the mob's work last night sent their spirits to a higher court for examination.  It is said that a conversation overheard in Oklahoma City connected West and Allen with the killing.

On the streets here and in the offices this morning little else was talked of, but the lynching at Ada and many here knew well all the parties connected with the affair.

The killing of Gus Bobbitt is well remembered, having occurred only a few months ago.  That Bobbitt knew who shot him was learned from those who are in the position to know and who, since the lynching are willing to talk.  When he was shot by Miller from ambush he went home and told his wife all about it.  He kept his coat buttoned over his wound and told her not to talk to him, as he had only an hour to live and that he wanted to take up what time he had left on earth talking to her and giving directions as to the disposition of his property.  He had his will made and in it provisions for a large sum of money to be set aside be used for the officers in running down Miller, whom he said had killed him.  
Miller is said to have been careless of late and talked with many parties of the many murders and killing scrapes that he had been in and it is said that he had acknowledged to the murder of thirty one others and it seems was the master workman, whose bullets sent to death those who fell out with him and his gang in business and other crooked transactions.  Miller is said to have been received $1,700 for the murder of Bobbitt.

His last victim in this part of the county was Ben Collins, whom he killed about three years ago, the occurrence being remembered by hundreds here.  For this job he is said to have received nearly $2,000.  Miller is believed to have operated with his gang over a large territory and in Texas as far south and west as the Panhandle his record is written in blood.

He was a member of a thoroughly organized gang, that for unwarranted bloodthirstiness had the Bender's of Kansas outclassed and overshadowed many times.  So thoroughly was the work of this gang done that none arose to interfere, even the officers in this part of the state being a little shy of taking up Miller's trial.  He seemed to have little difficulty in securing bondsmen when arrested for any of his crimes, which were all the way from cattle and horse stealing to murder.

He was arrested in Texas by a well known Texas Ranger after his place of hiding had been located and the man who it is said to have found out where he was, was afraid to go with an officer to him to arrest him.  The informant went with the Ranger to where Miller was stopping, it is said and when Miller made his appearance, the man said "that is Miller," and left the officer to make the arrest as best he could.

There are dozens of men in this part of old Indian Territory, who it is declared have never gone to bed at night without being sure all the curtains in the house were down, fearing a shot from without the night from Miller or one of his gang.  
The wife of Miller's nephew told one of the witnesses in court the other day that her husband would be dead in less than ten days, but at that time no thought was had of a lynching.  Some have even gone so far to say that the friends of Miller were responsible for the lynching, believing that if justice was not done in the trial that nasty and disagreeable things would come to light that would implicate hitherto respectable citizens.

It is believed that with the lynching of these four men, Oklahoma is now rid of the worst band of outlaws and murderers that has ever infested her borders and beside whom the Starr and Dalton gangs and others of their kind were simply petty malefactors in comparison.  It will possibly never be known how many murders might be traced to Miller and his associates.


More Info on The Burrell Family

1900
William G & Eliza Burrell were living in Palo Pinto Co TX
William Andrew Burrell & family were in Kaufman Co
Thomas J Burrell & family were in Kaufman Co

1910
W A Burrell & family were living in Parker Co TX
AB Burrell & family were in Runnels Co TX

1920
A B Burrell & family were in Tarrant Co TX

1930
A B Burrell & family are in Denton Co TX


Information on the BERRYMAN Family

Georgia's father, Newton Monroe Berryman married her mother, Marietta Green Broome (a widow) in Cherokee Co TX - 21 Jun 1868.  Marietta had been married for a short time to Milton E Broome - married 2 Dec 1859 in Cherokee Co TX.

Before his marriage, Newton Berryman served with his brother H W in the Confederate States Army - Co I , 1st TX Infantry.  He enlisted as a Private and was discharged as a 2nd Lt.

The family lived initially in Cherokee Co before removing to Kaufman Co.

1870 Cherokee Co TX  Census  HH# 160 / 160

Newton Berryman29LAFarmer$600./$500.
Marietta Berryman28GAKeeps House 
Lurana L 2TX*daughter 

They were living four residences from his brother and Mother who were enumerated in
HH# 156 / 156, showing Helena Berryman as widowed, age 66, born VA & with assets worth $10,000.00

By 1880 Newton M Berryman had acquired land in Kaufman County.  When the census was taken that summer his family was living in Cherokee County and he was living in Kaufman County working at preparing a new farm and home for his family.


1880 Kaufman CO TX - Precinct 5

Newton Berryman39LAFarmingVA - TX

1880 Cherokee Co TX

Maryetta Berryman37GAKeeping House
Leila Berryman11TXAt School
Helena Berryman9TXAt School
Georgia Berryman7TXAt School
Violet Berryman6TXAt School
Robert Berryman4TX 
Henry Waters Berryman2TX 
Walton Hood Berryman1/12TX 
Edwin E Lanier25ALWorks Farm
James W Lanier23ALWorks Farm
Albert O Lanier18ALWorks Farm
Levi H Taylor19TXWorks Farm



This page was created on April 10, 2006.
Updated June 13, 2006
Copyright © 2006-2010 by Abby Balderama
Coordinator of the Kaufman County, TXGenWeb Project site
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