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Surveyor calls a Creek "Ugly" and is Shot to Death

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(@kent-mcmillan)
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So, on February 17, 1879 J.C. Eivet, District Surveyor for Starr County, Texas completed his resurvey of a long, skinny tract of land bounded by the Rio Grande River, a tract that he found to be 1300 varas (0.68 miles) wide and about 25,000 varas (13.15 miles) long. Along the East line of the tract, a Porcion granted under Spanish sovereignty, Mr. Eivet's the field notes read:

Thence on East line of this Survey and Western boundary of Porcio 58 South 54°15'West

at 1200 V line crosses Telegraph Road running NNW
at 6000 V left Prairie del Perro and entered Hills
at 10700 V entered Valley called El Sandia
at 12650 V crossed Drain for this Valley called Arroyo del Sandia
at 12850 V passed out of said Valley
at 15030 V to highest point of the 4th Ridge out from River
at 17480 V crossed deep & ugly Creek called Los Morteros
at 18990 V crossed Creek & Valley called Arroyo del Tigre
at 20650 V to highest point of 3rd Ridge from River
at 21540 V to center of inside Laredo & Roma Road
at 23600 V to base line cut across this tract
at 25400 V to point on old bank of River at high water mark for SE corner of this tract and SW corner of Porcion 58.

I guess if you're running a line 25,400 varas (about 13.4 miles) in length, you're entitled to call a creek "ugly".

Hard to say whether this habit of frankly expressing his views contributed to Mr. Eivet's death less than four years later.:

Galveston Daily News

"Oct 6, 1882 Rio Grande City Special Telegraph to the news Rio Grande City, October 5--Yesterday afternoon about 3 o'clock this town was thrown into a state of great excitement over the killing of Mr. J.C. Eivet, County Surveyor.

The facts of the case as near as can be learned are as follows: A young man by the name of Brewerton, a nephew of Mr. Eivet went into the store of a man named Lipps and became involved in a dispute with him over some disparaging remarks about the home of his Lipps friends. Brewerton made an attempt to strike Lipps, where upon Lipps reached for his six shooter and beat him terribly upon the head.

Mr. Eivet was told of it, and went to get his nephew away. Upon reaching the store he made inquiries as to who beat him. Lipps ackownledged that he did it. Eivet said he would settle with him for that.

Mr. Eivet stooped to raise his nephew when he noticed Lipps drawing his six-shooter. Eivet grappled with him. Eivet was shot nine times, any shot of which was mortal.
During the shooting an old Mexican who was passing the store was shot by a stray bullet and has since died. The jury is still investigating the case. Lips and a young brother are in jail. Mr. Eivet leaves a wife and three children."

I can't vouch for nine shots from a six shooter with one to spare to hit a bystander unless there were perhaps two pistols involved.

 
Posted : September 6, 2013 5:44 pm
(@r-michael-shepp)
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That's why is important to remember that beauty is in the eye of the beholder.

 
Posted : September 6, 2013 6:16 pm
(@alan-chavers)
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"I can't vouch for nine shots from a six shooter"
Roy and Gabby's fired way more than that.

 
Posted : September 6, 2013 6:19 pm
(@kent-mcmillan)
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> "I can't vouch for nine shots from a six shooter"
> Roy and Gabby's fired way more than that.

I know what you're thinking. "Did he fire twelve shots or only nine?" Well, to tell you the truth, in all this excitement I kind of lost track myself. But being as this is a Colt .45 6-shot revolver with a 5-1/2" barrel, the handgun favored by movie producers for nearly a century, and would blow your head clean off if Sam Peckinpah has anything to say about it, you've got to ask yourself one question: "Do I feel lucky?"

 
Posted : September 6, 2013 6:39 pm
(@rj-schneider)
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You've Got to be a Shoe-In

Here's an opportunity for maybe a West Texas surveyor to not only inform the public on surveying but maybe get some controversy going with a call-in show guaranteed to raise ratings on the public radio.

The way i'm seeing this is a natural extension of Ray Miller's "Texas our Texas" just with more original patent survey content.
When those days surveying out in West Texas sun start warming up you cut out early and fill the 4-7 slot with history lesson and call-in hour.

All you gotta' do is impart some history and create some controversy on-air.

Next poster that complains about lack of ideas for his business, i'm gonna' link this post.:-P

 
Posted : September 6, 2013 6:58 pm
(@holy-cow)
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I read somewhere long ago that the most common name for a creek in the State of Kansas is Mud Creek. That is about as encouraging to potential settlers as Ugly Creek.

I'm not too far from Big Creek which strikes me as being a more promising name to label creeks in an area being primed for rapid settlement.

One of my favorite names is Lightning Creek. That makes you wonder what was going through the mind of the person who named it.

 
Posted : September 6, 2013 7:42 pm
(@kent-mcmillan)
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> I read somewhere long ago that the most common name for a creek in the State of Kansas is Mud Creek. That is about as encouraging to potential settlers as Ugly Creek.

Well, note that the 1879 surveyor gave the creek's name as "Los Morteros". That it was "deep & ugly" was either editorial comment or what he thought to be accurate description, or both.

at 17480 V crossed deep & ugly Creek called Los Morteros

 
Posted : September 6, 2013 7:50 pm
(@frank-willis)
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You've Got to be a Shoe-In

Did the surveyor have field notes the next day?

 
Posted : September 6, 2013 8:58 pm
(@kent-mcmillan)
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You've Got to be a Shoe-In

> Did the surveyor have field notes the next day?

You mean did the County Surveyor file field notes in the GLO the day after getting killed in a saloon? I'm going to go out on a limb and guess not. Now, that doesn't mean that his successor in office might not have submitted field notes based upon work that his predecessor (in both senses) had done.

 
Posted : September 6, 2013 9:17 pm
(@rj-schneider)
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You've Got to be a Shoe-In

"Did the surveyor have field notes the next day?"

Wheww! I would imagine so. I think their pay depended on the filed notes. That's not to say they actually represented the facts on the ground as some notes filed with the GLO were simply office surveys or fabrications.

 
Posted : September 7, 2013 7:22 am
(@kent-mcmillan)
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You've Got to be a Shoe-In

> "Did the surveyor have field notes the next day?"
>
> Wheww! I would imagine so.

In that particular case, District Surveyor J.C. Eivet's field notes state that he made the survey in February, 1879 (evidently resurveying a series of porcions at that time). By June 18, 1879 he had filed field notes from his surveys in the records of Starr County. On August 13, 1879 (well within the statutory time limit of one year from the date of the survey), they were filed in the GLO and on May 11, 1880 a patent was issued.

 
Posted : September 7, 2013 8:10 am
(@holy-cow)
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Frank

He didn't get killed the same day he wrote the "ugly creek" notes. It was over 3-1/2 years later.

 
Posted : September 7, 2013 9:11 am
(@duane-frymire)
Posts: 1924
 

Frank

I think the point was he may have been killed for being an ***hole, as evidenced from the field notes. Not that that particular comment led to his demise. I think it's a good point because I've seen it happen. Arrogance is a nice trait to have in a courtroom; maybe not so productive in some other locations.

 
Posted : September 7, 2013 1:10 pm
(@kent-mcmillan)
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Frank

> I think the point was he may have been killed for being an ***hole, as evidenced from the field notes.

Yes, the fellow wielding the pistol was ultimately only convicted of manslaughter and received a relatively short sentence.

 
Posted : September 7, 2013 1:19 pm
(@deleted-user)
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duane

Well..
I don't know why the surveyor is being tarnished here as being an a**hole.
He goes to a saloon that is being run b Mr. Lips who just pistol whipped his nephew who seems to be described as a young mans. states that he is going to settle matter and then finds that Lips, the Klansman, draw his weapon and fire away. Killing the surveyor and the old Mexican walking by the scene.
I guess Lips was 'standing his ground" so to speak.
I don't know.. live life by the day folks, and don't make it cheap..
call me a n a**hole...I'll laugh it off.

It was said there was a “noticeable decay of character and ideals,” particularly among the younger citizens...

The gang had gone to Abraham's cabin. "Where is old B. J. Pridgen?" they had demanded of the faithful negro, assuming that Abraham would know Pridgen's whereabouts as he was his trusted servant. Abraham told them that he didn't know, which, in truth, he didn't.
Later, one of the gang told how they had tortured the elderly darky, trying to force this information out of him. They took him to the river. While he was still alive they slashed him open, cut out his heart and intestines, filled the body with rocks and bound it up. A heavy weight was fastened to his neck and his body thrown into the river.
Next morning the Negroes went to the river and saw where he had been butchered and fished the corpse from the water. Pridgen was deeply grieved, and through his affection for his faithful old servant, saw to it that he was given a decent burial. Some of Abraham's children still live on the old Pridgen farm. Pridgen had the murderers arrested by Federal officers. They were taken to Galveston where they appeared before the Federal Court. 7
The Galveston Daily News attempted to explain why these twenty-two men had been indicted as “Kuklux,” stating that the movement which resulted in the arrest and appearance of the men “had its birth in the enmity long existing between the Sutton and Taylor-Pridgen parties.” The Daily News thereupon provided a brief history of the feud, identifying 1868 as the starting year when allegedly Charles Taylor “stole a number of cattle” from the widow Thomas. William Sutton’s desire to avenge this act brought about the feud. The most important aspect of this lengthy history of the feud is the printing of the January 3, 1874 treaty of peace with all eighty six signers identified. The men who were identified as “Kuklux” were also listed, with their home address: Joseph Sitterle, Victoria; Addison Kilgore, Clinton; John J. Meador, Cuero; W. C. Wallace, Clinton; Joseph DeMoss, Cuero; Buck and John Powers, Mission Valley; Peter Tumlinson, Yorktown; Zan and W. W. Peavy, Clinton; Andrew Jordan, Cuero; William Cox, Clinton; Andrew Newman, Karnes County; W. D. Meador, Cuero; William Pettit, Clinton; Gus Tumlinson, Harrisburg; Addison Patterson, Karnes County; Charles Lips Goliad; James Mason, Clinton; Jeff. White, Cuero; J. W. Ferguson, Clinton;
Charles Lips

 
Posted : September 7, 2013 8:49 pm
(@deleted-user)
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Kent

I guess the old Mexican was just "collateral damage".

Sorting the seeds of Texas fascism...

 
Posted : September 7, 2013 8:51 pm
(@duane-frymire)
Posts: 1924
 

Robert

Maybe he was a hero, I don't know. But the point was not that he was killed because of the notes, only that the notes might give some window into his character. Maybe not.

But your link ultimately proves the point about being an ***hole.

"Lipps had but recently come from Texas, and it is reported that he had killed three men in that state, although he was not armed at the time he was killed, nor did he show an ugly disposition, except when under the influence of liquor. Wirt surrendered himself to the authorities, and the justice of the peace held an inquest, the jury returning a verdict that the deceased was killed by Wirt, who acted in self-defense only."

 
Posted : September 8, 2013 3:53 am