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Stonewall Constable Henry Clay Walker, d. 2 Oct 1942

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Re: Stonewall Constable Henry Clay Walker, d. 2 Oct 1942

Posted: 2 Dec 2010 9:08AM GMT
Classification: Query
This is the summary and sources for Constable Walker. His name is on the Texas Peace Officers Memorial at the State Capitol in Austin and National Law Enforcement Officers Memorial in Washington DC. The TPOM will hold services on May 1-2, 2011 and you are welcome to attend. Information will be posted soon at www.pomf.org. The NLEOM is held on May 15, 2011 and you can contact them at www.nleomf.org. If you need more information please email me at ron.delord@cleat.org


HENRY CLAY WALKER
CONSTABLE PRECINCT 1
STONEWALL COUNTY, TEXAS
DOD: OCTOBER 2, 1942

Summary:

Henry Clay Walker was elected Constable of Precinct 1 at Aspermont in Stonewall County on November 2, 1940. He was defeated for re-election in the primary and was completing his term of office. Walker was also employed by the City of Aspermont to direct and control the traffic. Constable Walker had arrested I. D. Daugherty earlier, and Daugherty instituted a civil action for damages and recovered a judgment in a nominal sum for an illegal arrest. The record showed that serious threats were made by the constable against Daugherty, some of which were communicated to him.

On October 2, 1942 Constable Walker made complaints against Daugherty for the offense of driving an automobile upon the public highway in excess of the speed allowed by law, and warrants for the arrest of Daugherty were issued and placed in the hands of the constable. Constable Walker found Daugherty sitting in his car on the street of Aspermont and informed him that he had warrants for his arrest and requested him to get out of his car and go with him to jail. Daugherty declined to comply with this request, whereupon the constable drew a pistol, and attempted to strike the suspect with it; then he tried to place handcuffs on him but failed to accomplish his purpose. The constable then put his pistol back into the holster and struck at the suspect with a nightstick, but the top of the automobile in which suspect was sitting prevented the free and effective use thereof; then the constable reached into the car and undertook to pull the suspect out, at the same time striking him with the nightstick, whereupon the Daugherty drew a pistol from the glove compartment of the car and shot the constable four times, who fell to the sidewalk and expired. Daugherty then drove to the courthouse and surrendered to the sheriff.

Daugherty argued self defense but the jury convicted him and sentenced him to 3 years in prison. The appeals court noted that the constable had made threats previously, but that the constable had a warrant, he was not using unnecessary force to affect the arrest, and the suspect had to comply with the arrest. The appeals court upheld the conviction.

Personal Information:

Walker’s death certificate reports that he was a married white male born on July 17, 1885 in San Saba and was 57 years, 2 months and 14 days old at the time of his death. The 1930 census for Brown County reports Henry C. Walker 44, wife Lula Walker 48, and children H. S. Walker 17 and Shelby Walker 13. His parents are listed as S. G. Walker of Florida and Ida Edwards of Texas. He was buried in the Big Valley Cemetery (death certificate hard to read but it appears to be in Hardeman County). His WWI draft registration reports his date of birth as July 16, 1885.

Sources:

• Texas Death Certificate No. 46560 – Henry Clay Walker, Stonewall County, October 2, 1942
• Tex Gen Query Stonewall County posted 13 July 2008
• I. D. Daugherty v. The State, No. 22579, Court of Criminal Appeals of Texas, 146 Tex. Crim. 488; 176 S.W.2d 571; 1943 Tex. Crim. App. LEXIS 658, November 14, 1943, Delivered
• I. D. Daugherty v. The State, No. 22579, Court of Criminal Appeals of Texas, 146 Tex. Crim. 488; 176 S.W.2d 571; 1944 Tex. Crim. App. LEXIS 777, January 5, 1944
• Source Citation: Year: 1930; Census Place: Brownwood, Brown, Texas; Roll: 2302; Page: 1B; Enumeration District: 5; Image: 732.0.
• Source Citation: Year: 1920;Census Place: Brownwood Ward 2, Brown, Texas; Roll: T625_1782; Page: 9B; Enumeration District: 4; Image: 220.
• Source Citation: Registration Location: Brown County, Texas; Roll: 1927371; Draft Board: 0
• Source Citation: Year: 1900; Census Place: Justice Precinct 6, Williamson, Texas; Roll: T623 1679; Page: 7A; Enumeration District: 131.
• Sheriff Bill Mullen, Stonewall County Sheriff's Department, PO Box 388, Aspermont, Texas 79502, Telephone: (940) 989-3333




SubjectAuthorDate Posted
RonDeLord 14 Jul 2008 3:52AM GMT 
asiawalker30 30 Nov 2010 8:23PM GMT 
RonDeLord 2 Dec 2010 4:08PM GMT 
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