The Palace Saloon - Murder & Suicide

Palace Saloon on North Oak Avenue circa 1907

Ad, Sept 29, 1905

The Palace Saloon was built around September 1905 by T J "Jeff" Pearson.  Although the saloon does not appear on the 1904 Sanborn Insurance map, it does appear on the 1907 Sanborn map.  However, Pearson paid for the first of several large advertisements for the saloon in the Palo Pinto County Star on September 29, 1905.  As it was common to place ads at the time of opening, September 1905 is likely when the Palace Saloon first opened its doors.

Pearson was born in 1859, date and place unknown. He was the son of Wesley Pearson, a farmer & pioneer settler of Bryan, Texas.  Pearson was still living in Bryan, Texas in 1890 when he ran for the office of Constable.   The Bryan newspaper, The Eagle, described him as a "popular and well-known citizen".  One month after making his announcement to run for office, Pearson withdrew from the race "owing to continued ill health of his family".  Ill health may have been the reason he moved to Mineral Wells. For by 1900, he was living in Mineral Wells and had opened a meat market at 105 E Hubbard. His meat market was called The Palace Cold Storage Market.

Pearson's Palace Cold Storage Market on E Hubbard (1907 ad)

Sanborn map, 1900 105 E Hubbard (meat market)

Sanborn map, 1907 Saloon on Oak, Meat Market on E Hubbard

                            

105 E Hubbard today

Palace Saloon on North Oak Ave, 2017

T J Pearson

In Mineral Wells, as in Bryan, Pearson was a well-known and popular citizen.    Newspaper articles show him as a member of the Merchant's Association in 1902 and part of a committee to bring the Chautauqua to Mineral Wells, and in 1907, as a member of the city council (first ward).  They described him as a pioneer of Mineral Wells and a well-to-do man. In addition to the Palace Saloon and the Palace Cold Storage and Market, Pearson also owned the Cattle Exchange Bar (or according to other sources, the "Stock Exchange Saloon"). Judging by outward appearances, Pearson had everything going his way. But whether he was aware of it or not, events were unfolding in 1903 that would lead him into disaster and tragedy.  For in that year of 1903, his wife, Jennie Pearson was meeting with a lawyer regarding a divorce; a separation that would be granted in 1907.  And the same lawyer would conspire with her in 1908 to drive Pearson into bankruptcy.

Palo Pinto County Star, Feb 8, 1907

In 1907, Mr. and Mrs. Pearson separated and divided the property between them. Likely as a result of the divorce, Pearson sold the Palace Saloon in February to Littleton Brewster, another local saloon man. Although some divorces have been amiable, the Pearson divorce was not one of them.  True or not, Mrs. Pearson felt that Pearson had held back a considerable amount of cash from the division of property.  On March 3, 1908 she employed the same lawyer, William Eldridge McConnell of Palo Pinto as her counsel to help her recover what she considered her fair share.  Her daughter, Jessie Marie Pearson, testified in a court of law that Mrs. Pearson's intent was to "throw Pearson into bankruptcy and secure a new division of their property."

Mrs. Pearson's lawyer, W E McConnell

W E McConnell was the son-in-law of Hon. Ham G Taylor of Palo Pinto.  He was also a member of the 30th legislature of Texas, a staunch supporter of Senator Bailey, one of the best-known lawyers in the state and a judge. He had lived in Palo Pinto for 19 years, had a wife, a teenager and three small children. He was certainly well-known and held in high regard by most citizens of Palo Pinto County. He, like Pearson, appeared to have everything going in his favor. Things would soon go very wrong for both. 

On the morning of May 26, 1908, Edgar Holloway was tending bar in Pearson's saloon (i.e. the Cattle Exchange Bar; the Palace Saloon having been sold to Brewster).  W E McConnell came into the bar at 10 o'clock and joined Pearson in an office for a conference.  What was said is unknown, but it's evident that the topic of the conversation was the division of the property.

At 11 o'clock, Pearson's friend C M Harris walked into the bar.  C M Harris had been the City Marshal of Mineral Wells for 16 years and had been named as trustee for the Pearson's property when they had decided to separate. On this morning, Pearson complained to Harris that McConnell was "after him" again. Harris advised Pearson to give up, turn over all of his property to his wife and "leave the country".  Pearson agreed to do this and planned to meet with his wife that afternoon.  

Austin American-Statesman May 27, 1908

Later that day, around 3:00 o'clock, Pearson went to Mrs. Pearson's home at 601 E Throckmorton (now SE First St).  His son Frank Pearson joined him.  The Pearson's daughter, Jessie Pearson was also present.  Mrs. Pearson called McConnell's office and asked that he come to her residence as Pearson and the children were there and she wanted him to draw up some papers in the pending case.  Around 3:30 o'clock, McConnell also arrived and seated himself in the parlor.  The earliest news reports state that when Pearson learned that McConnell was in the other room, he approached McConnell and asked if he had made "certain statements to Mrs. Pearson".  McConnell confirmed that he had.  Pearson then cursed the judge and when McConnell stood up and made a motion towards his hip, Pearson drew a .38 caliber gun and shot McConnell multiple times.  The first shot hit McConnell in the chest.  The Judge threw up his hand at the second shot and received the shot through it.  He then sank back into his chair.  Pearson continued firing, striking McConnell twice more in the chest.  McConnell was dead.

Following the shooting, reports say that Pearson went directly to the police and turned himself in.  However, during Pearson's murder trial, Edgar Holloway testified that Pearson returned to the bar and placed a gun in his desk drawer.  Pearson then told Holloway that he was sorry he had to kill McConnell.  Following that, he proceeded to turn himself in.  Other than to state that he had acted in self-defense, Pearson made no other public statement regarding the shooting. 

At Mrs. Pearson's residence, a crowd had gathered.  Will Wylie, the deputy marshal arrived after being summoned by Jessie Pearson.  He fetched Dr. J H McCracken, who was the first physician on the scene.  McCracken removed the clothing from McConnell in order to examine the wounds.  He later testified that there were six bullet wounds, three of which could have been the fatal shot.  Dr. H P Whatley also arrived to examine the body.  Judge Cook was also there and took a statement from Frank Pearson, who signed it.  Cook also received the reports from McCracken and Whatley.  McConnell's clothing was searched and no weapon was found.  His body was then taken to Beatham's undertaking parlor. 

The story spread and was not limited to Texas newspapers. It made the front page in Vicksburg, MS; Fort Smith, AR; Ardmore, OK; Lancaster, PA and doubtless many others.  The headlines in the intervening days focused on the unrevealed 'statements' McConnell made to Mrs. Pearson.  The headline of the Intelligencer Journal (Lancaster, PA) read "Murdered for Insulting Wife".  The Daily Ardmoreite (Ardmore, OK) read "Tragedy at Fort Worth" "Judge McConnell of Palo Pinto Instantly Killed" "Woman Causes Fatal Deed".  The Lampasas Reader (Lampasas, TX) stated that the "cause of the shooting was a disagreement over some statements which had been made by McConnell."

What was said to Mrs. Pearson by McConnell was not revealed until the trial. And it hardly seemed enough to set off the chain of events that it did.

Due to the prominence of McConnell in Palo Pinto County and his political position within the state, the case drew a great deal of attention.  His burial in Palo Pinto brought out "the entire citizenship of Palo Pinto as well as by many from all parts of Palo Pinto County."  There were rumors that Senator Bailey had offered his services to the prosecution.  Hon. R L Allen of Dallas and former Senator D W Odell also offered their time and talent.  In the end, the prosecution team consisted of District Attorney Ben Palmer, Hon. Collin George and F H Chandler, all of Stephenville.

Pearson, fearing for his life in McConnell's home town, was taken from the Palo Pinto County jail to Parker County. His bail was set at $10,000.

Jury selection began in late September.  It proved to be a challenging process.  The first panel of potential jurors included 100 men, out of which only seven men were selected.  An additional 60 men were ordered for a second panel.  By days end, no additional jurors had been selected.  

The trial began October 1.  Pearson's defense team included Stevenson & Brown of Mineral Wells and Hon. W L Crawford of Dallas.  Owing to the absence of Mrs. Pearson, R H Beatham, the undertaker and Charles Harris, the former chief of police, Pearson's team made a motion for a continuance but was over-ruled by Judge W J Oxford.  The absence of Harris would become significant at a later date.

The point of contention in the case centered around whether or not McConnell was seated when Pearson began firing his weapon or if he had been standing and reaching for his hip.  Which action, Pearson said, caused him to believe that McConnell was reaching for a weapon.  The statement which Judge Cook had taken from Frank Pearson at the scene of the crime declared that McConnell had risen from his chair and reached to his right hip with his right hand.  And yet, a sworn statement obtained from Jessie Pearson two days after the shooting, contradicted this. 

Evidence showed that one bullet had gone thru McConnell's body and pierced a window screen.  The prosecution attempted to use this to prove that McConnell was sitting. However, Frank Pearson's statement, obtained by Judge Cook, had noted that after the initial shots, McConnell had sunk back into his chair while Pearson continued to fire his weapon.  This latter, would explain how bullets could have gone thru McConnell and pierced the screen.

Jessie Pearson's sworn statement was more problematic.  She and her mother, Jennie Pearson were staying in the Piedmont Hotel when Ben Palmer, district attorney, Sheriff R A Peak and F H Chandler met with her to obtain her sworn statement, two days after the killing.  In that statement, she said that "her father fired the first shot while McConnell was seated in his chair and before he had opportunity to say a word."  She said that she had gone to the bedroom to tell her father than McConnell was in the parlor waiting.  She had to tell him three times before he responded.  Then, she said, her father "immediately went into the parlor and had only called McConnell's name when he began firing." Her statement further said that McConnell had thrown up his right hand to his left breast and exclaimed, 'My God, Jeff'.

Jessie Pearson's testimony provided details regarding her mother's hopes to bankrupt her father.  She told of her mother's first visit with McConnell back in 1903 for a consultation regarding a divorce and that her mother later employed McConnell again on March 3, 1908 to "throw Pearson into bankruptcy and secure a new division of their property".  Jessie Pearson also testified that she had heard McConnell tell her mother that Pearson had told him that his wife "was so low down that no lawyer in Mineral Wells except him (i.e. McConnell) would represent her".  Mrs. Pearson told her husband this on the afternoon of the killing and he had denied it.  She also said that Pearson had called McConnell that afternoon to deny the allegation but was unable to reach him.

It was apparently this statement regarding his wife being "low down" that Pearson brought up at the scene of the crime.

On Wednesday, Oct 7, the jury filed into the courtroom and read the verdict.  They found Pearson guilty of murder in the first degree.  He was sentenced to 99 years in the penitentiary.  The Stephenville Empire wrote that "the most celebrated case in the history of that county was at an end."

Abilene Semi-Weekly Farm Reporter Oct 7 1908

The case, however, was not at an end. There was more to come.  Much more. It wouldn't be at an end for a good while longer.

Pearson's defense team appealed the case to the Court of Appeals, which reversed it June 23, 1909 on the ground that "improper testimony was given".  A retrial date was set for December 27, 1909.  Pearson's defense team for the retrial once again included Col. W L Crawford of Dallas and Lindsey M Brown and Judge Stevenson of Mineral Wells.  Pearson also retained Judges J T McDaniel and W T Carlton of Stephenville. State's attorneys again included District Attorney Ben Palmer, Hon. Collin George and F H Chandler, all of Stephenville.

The Bryan Daily Eagle June 24, 1909

For the second trial, Judge Oxford changed the venue from Palo Pinto to Stephenville.  The change of venue was the first item hotly debated by the defense team.  It occupied the attention of the court for most of the first day in court. Pearson's team introduced an application to have the venue changed.  They charged that the court had erred in changing the venue to Erath County.  Their arguments were that the venue put Pearson at a disadvantage because of the prevalence of prohibition in Erath County which would prejudice jurors against Pearson, who was a saloon man; all of the prosecution counsel were members of Stephenville; and that McConnell's first marriage was in Erath County, further prejudicing the jury.  Judge Oxford overruled the application and the trial commenced.  
Pearson's defense team made it known that they would make a "wholesale attack on the moral character of McConnell"; that he was in the habit of 'drinking freely" and that he had made improper approaches toward members of Pearson's family and that not only was his killing a "justifiable homicide but an act of self-defense by Pearson".  

Over two hundred witnesses were called; 128 by the state and 90 by the defendant. The defense cross examined the state's witnesses vigorously but were unable to shake their testimony.  Dr J H McCracken and Will Kyle were again called upon to testify.   Ed Blackburn and Dr H P Whatley also testified, as did Wayne Lassiter.  

Mrs. Mary A Birge of Mineral Wells, a neighbor a block from the Pearson's home testified to having heard shots.  And soon afterwards, saw Pearson exit the yard of his house and pass by her house.  She described him as "pale and excited".

Frank Pearson was also called as a witness and repeated his previous testimony, with new details being added to the newspaper reports. He said that after his father arrived at the house, his parents had a heated discussion with both growing quite angry.  And that his mother threw a shovel at his father.  He said he met McConnell at the door when he arrived and escorted him into the parlor where McConnell and he took seats.  A little later, he heard his sister telling his father three times that McConnell had arrived and was waiting in the parlor. He testified that when his father entered the parlor, he walked to the center table and asked McConnell if he had made the remark about Mrs. Pearson's inability to get a lawyer.  And when McConnell replied with an oath that he had, Pearson rejoined fiercely "Any man who will tell another man's wife that for the sake of a fee is a damned rascal".  McConnell then exclaimed with another oath that he would not take that and rose from his chair.  Frank said that when rising, McConnell extended his left hand toward Pearson and with his right hand, reached toward his hip.  That is when Pearson began firing his gun.

Jessie Pearson gave testimony that threw shades of doubt on her sworn statement obtained by Peak, Palmer and Chandler in the Piedmont Hotel two days after the crime.  She identified her signature on the statement and confirmed that she remembered the occasion of the lawyers talking to her in the Piedmont but she could now neither "positively confirm or deny the statements accredited to her there".  She now claimed that "her answer to questions about all of these today being that she could not remember."  She now testified that both her father and McConnell "were angry and passed hot words before the shooting".  And that she was behind her father and saw McConnell rise up; that she could see him over her father's shoulder before her father began shooting.  This testimony now seemed to confirm Frank's recounting of the scene.

As to the forewarned attack on McConnell's character, a number of character witnesses were called to give testimony to show that McConnell had an ugly reputation of being "quarralsome, overbearing and lewd" when under the influence of alcohol and that he drank freely.  Among the character witnesses were Dick Cook, C B Raines, William Waine and J H Moxey of Mineral Wells and C H Bowen of Fort Worth.

An additional character witness was Pearson's nephew Mitchell.  He testified that he had overheard a conversation in which Pearson had warned McConnell to do his consultation with Mrs. Pearson in McConnell's office instead of meeting her in the Pearson's home.  McConnell, Mitchell said, retorted that if Pearson interfered with his business, he would "beat his head into a pulp".

But it was the star witness for the defense that delivered all that Pearson's team had promised; proof of McConnell's immorality; that he drank too much; had made improper approaches to Pearson's wife and daughter; and also provided their reason for claiming "justifiable homicide".

Their star witness was C M Harris, the former City Marshal of Mineral Wells who had been absent from the first trial due to illness.  His testimony on the stand took the state's attorneys off guard as it was fresh information not heard until that moment.  Harris testified that on the morning of the killing, when he had visited Pearson at the saloon, that he had told Pearson something shocking that he was afraid may have spurred Pearson to do what he had done.  It was information that he had known for several months but had not shared with Pearson until that fateful morning.  The only reason he had shared it at that time is that McConnell was drunk that morning and was talking "too freely" and had told at least one other man that he had "intimate relations with one member of Pearson's family and [had] intentions to establish such relations with another member of that family."  Harris also revealed that McConnell's intimacy with Pearson's family had existed since 1903, when Mrs. Pearson had first approached McConnell for assistance in her divorce case.  He was concerned, because of McConnell's bragging, that Pearson was sure to hear of it.  He said that he had pled with Pearson not to take any rash action because of the information.

The next morning, the headlines in the Fort Worth Record and Register read: "Pearson Trial Becomes Racy" "Defense Springs Sensational Attack on McConnell's Moral Character" "Talked to Freely" "Said to Have Boasted of Invading Pearson's Home". 

Pearson's team's strategy worked.  On January 2, 1910 at 9:20 o'clock, T J Pearson was acquitted.  The jury had debated the matter from 6 o'clock the previous evening.  When the verdict was read, the crowd of twenty-five in the court room broke into applause.  Judge W J Oxford fined them each $25.  The Fort Worth Record & Register (January 3, 1910) reported that "Mr. Pearson, showing a depth of feeling but very little outward emotion thanked each member of the jury for the decision in his favor" and declared Pearson a free man.

But like the Stephenville Empire's proclamation that the case was at an end at the conclusion of the first trial, the Fort Worth Record & Register was also wrong that Pearson was a "free man".  In the two trials, he was forced to sell what was left of his properties.  His meat market ended up in the hands of T J Green and F J Macatee.  He was never successful in business again.  His friends said that he was "never the same man after he killed McConnell" and "was absolutely without spirit thereafter".  In 1912, he moved to Fort Worth.

On the afternoon of Saturday, May 16, 1914, Pearson was at the home of his daughter, Mrs. Claude Fox (Jessie) at 902 Macon Avenue in Fort Worth.  Alone in a room at 1 o'clock, Pearson drank two bottles of carbolic acid.  Alerted by his groaning, Jessie rushed into the room. She called for a doctor immediately, but Pearson died thirty minutes later.

Fort Worth Star Telegram May 16, 1914

T J Pearson is buried in an unmarked grave at Greenwood Memorial Park & Mausoleum in Fort Worth.

And there... is where the "most celebrated case in the history of that county" ends...and Pearson becomes a "free man" at last.

This story doesn't end with his death, however.  His daughter Jessie, who married Claude Fox, had two daughters: Valerie Fox, born in 1911 and Sarah Jeanette Fox, born in 1915.  Valerie Fox married golf champion Ben Hogan in April 1935.  

Pearson's wife, Mrs. Jennie Pearson died November 24, 1937 at age 72 in Mineral Wells. Her burial place is unknown but can likely be found at Woodland Park Cemetery where her son Walter C Pearson is buried.

Published 26 Nov 2021 (c) K K R North