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Notes for Henry William Conway Bittick

Henry W. C. Bittick Census Enumerations:

1850 No Township, Shelby Co, Texas, 12 & 13 October 1850, p27b:
#382/389 Johnathan Bitticks 55 m farmer $2500 NC
Jiney 45 Georgia
J. A. 15 Texas
Henry W. 13 Texas
Jas N. 8 Texas
Mary C. 5 Texas
Dixon W. 2 Texas

1860 Gabriel Mills PO, Williamson Co, Texas, 2 June1860, p262a:
#35/38 H W Bittick 23 m w stock raiser $1000 Tx
Isabel 27 f w NY
Iraminta 2 f w Tx

1870 San Marcos, Hays Co, Texas, 17 September 1870, p207:
#91/99 Biddick H W C 32 m w butcher $1200/1200 Tx
Isabella 35 f w keeping house Ms
Arminta 14 f w attending school Tx
Leatherwood M. A. 48 m w carpenter Tx
Michul Henry 30 m merchant Tx
Cochrehan Dave 21 m Clk in DG store Tx

1880 Castroville, Medina Co, Texas 3 June 1880, ed111, p77b:
#45/45 Bittick Henry w m 42 md freighting Tx US Mo [indexed as Biltick]
Isabella w f 46 wife md keeping house NY Scotland Scotland
Jones Thomas w m 27 son-in-law md telegraph opr Ky -- --
Mittie B. w f 23 dau md at home Tx Tx NY
Hill Bridget w f 35 boarder widow Ireland Ireland Ireland
Speer Mattie w f 35 servant widow Mo NC Ky
Maude w f 3 Tx Mo Mo
Ettie w f 1 Tx Mo Mo

Commissioners Precinct 1, Medina Co, Texas 23 June 1880, ed111, p91a:
omitted listings: Jones Earle Bittick w m 3/12 b Oct Tx -- --

1900 Evergreen Township, San Jacinto Co, Texas 14 June 1900, ed81, p68a & b:
#141/146 Bidick Henry head w m Nov 1857 [no age] md 6 yr stock dealer Tx Tx Tx
Bell wife w f Jan 1861 39 md 6 yr 8 born /7 living Tx Tx Tx
Fannie dau w f Mar 1885 15 single Tx Tx Tx [step-daughter, Ferguson]
Samuel son w m Feb 1889 11 single Tx Tx Tx [step-son, Ferguson]
Briney dau w f Jun 1891 8 single Tx Tx Tx [step-daughter, Ferguson]
p68b Bidick Mertie dau w f Nov 1894 5 single Tx Tx Tx
Bertie dau w f Feb 1897 3 single Tx Tx Tx

1910 Justice Precinct 2, Shelby Co, Texas, 23 April 1910, ed148, p104a:
#118/128 Bittick Henry m w 72 head md2 16 yr mill worker Tx Tn Ga
Belle f w 49 wife md 2 16 yr home maker 2 born/2 living Tx Tn Ar
Myrtie f w 15 dau single Tx Tx Tx
Bertie f w 13 dau single Tx Tx Tx

******
Military: Civil War
CSA Card, Texas State Archives:
Bittick, Henry W.C., Pvt.
Comm. Off: Frank L. Farrar; Capt. Organ
Co. in Col N.H. Darnell's Regt TV CSA
Enlisted: Mar 1-62 in Ellis County for 12 months.
Age: 25
Remarks: R&F 91; F.L. Farrar, En. Off.
J.K. P Record, Mus Off
A. Beard & A.W. Gray, appraisers.
Company stated at Dallas. Mar 1 & 15 - 62.
H: $135
HE: $40
Gun: $25
Pistol: $60
1 MR dated Mar 1 -62.
Papers in possession of Dorothy L. Miller show he was a Prisoner of War in New Orleans, in hospital.
Captured at Brashear City
Transferred to Ship Island, Mississippi then to mouth of Red River for exchange on 22 Oct 1864.
******
Henry William Conway Bittick Military Records: Timeline Summary [see Other Documents}

10 Feb 1862: Enlisted 18th Regiment Texas Volunteers, Brockville, by F. L. Farrar, for one year [Item 3: bitticks_henry_w_c_18TXCav_page 3]

In Ellis Co, Texas, enrolled by F. L. Farrar for 12 months in 18th Regiment Texas Volunteers [Item 2: bitticks_henry_w_c_18TXCav_page 2]

15 Mar 1862: Muster-in Roll Company H.(Captain Franklin L. Farrar's Company), 18th/Darnell's Regiment Texas Volunteers, Dallas, Dallas Co, Texas; horse $135, equipment $40 [Item 2: bitticks_henry_w_c_18TXCav_page 2]

10 Feb to 30 June 1862: Private Henry W. C. Bitticks listed as Present on Muster Roll for Co. H., 18th Regiment Texas Cavalry. [Item 3: bitticks_henry_w_c_18TXCav_page 3]

30 June 1862: Private Henry W. C. Bitticks paid to June 30 by Captain Cox [Item 4: bitticks_henry_w_c_18TXCav_page 4]

30 June to 4 Aug 1862: listed as Present on Muster Roll for Co. H., 18th Regiment Texas Cavalry [Item 4: bitticks_henry_w_c_18TXCav_page 4]

4 Aug 1862: discharged from Co. H, 18th Regiment Texas Cavalry [Item 4: bitticks_henry_w_c_18TXCav_page 4]

15 Nov 1862: Enrolled Baylor's Regiment Texas Cavalry/2d Regiment Arizona Brigade at Georgetown by R. N. Calhoun [Item 6: bitticks_henry_w_c_baylorscav_page 2]

29 Nov 1862: Mustered into service Baylor's Regiment Texas Cavalry/2d Regiment Arizona Brigade by Lt. Col. J. W. Mullen; horse $200 equipment $40 [Item 6: bitticks_henry_w_c_baylorscav_page 2]

29 Nov to 31 Dec 1862: Private Henry W. C. Bitticks appears on Muster Roll for Baylor's Regiment Texas Cavalry/2d Regiment Arizona Brigade [Item 6: bitticks_henry_w_c_baylorscav_page 2]

22 July 1863: captured at Brashear City, Louisiana [Item 32: bitticks_henry_w_c_baylorscav_page 9]

22 July 1863: H. W. C. Bittick gives parole not to leave the limits of Brashear City, Louisiana [Item 9: bittick_h_w_c_page 3]

22 July 1863: H. W. C. Bittick, 2d Arizona, appears on a list of men released on parole of honor not to leave the limits of Brashear City, Louisiana [Item: 10: bitticks_henry_w_c_baylorscav_page 3]

26 July 1863: Henry Bittick, Private, Co. H, 2 Regiment Texas Mounted Volunteers, appears on a list of paroled prisoners sent from Brashear City, Louisiana to Brig. Gen. Bowen, Provost Marshall General, Department of the Gulf [Item 11: bitticks_henry_w_c_baylorscav_page 4]

4 Sept to 19 Sept 1863: Henry Bittick, Private, Co H, 2 Regiment Arizona (Rebel Prisoner of War on Parole), admitted to St. Louis General Hospital, New Orleans, Louisiana; complaint: syphilis secondary [Item 13: bitticks_henry_w_c_baylorscav_page 12]

5 Sept 1863: Henry Bittick signs Parole , New Orleans, Louisiana [Items 14 & Item 15]

19 Sept 1863: Conditions of Henry Bittick's Parole extended to the house of Mrs. E. Newburger, 9 St. Andrew St. [Item 16 & Item 14: bittick_henry_page 6
& bittick_henry_page 7]

Oct 1863: Henry Bitticks, Co H, 2 Arizona Brigade, appears on a register of Prisoners of War at New Orleans, Louisiana; confined by order of Col. Killborn at Custom House Oct 1863, transferred to Barracks Hospital 21 November 1863, returned 7 March 1864 [Item 25: bitticks_henry_w_c_baylorscav_page 6]

11 Nov 1863: R. H. Alexander, Medical Director, recommends a parole of two hours each day for Henry Bittick [Item 9 & Item 18: bittick_henry_page 3 & bittick_henry_page 4]

23 Nov to 27 Nov 1863: Admitted to Barracks General Hospital, New Orleans, Louisiana, complaint: Neuralgia [Item 20: bitticks_henry_w_c_baylorscav_page 13]

21 Nov 1863 to 7 Mar 1864: Henry Bitticks, Co H, 2 Arizona Brigade, appears on a register of Prisoners of War at New Orleans, Louisiana; confined by order of Col. Killborn at Custom House Oct 1863, transferred to Barracks Hospital 21 November 1863, returned 7 March 1864 [Item 25: bitticks_henry_w_c_baylorscav_page 6]

27 Nov 1863 to 7 Mar 1864: Admitted to St. Louis General Hospital, New Orleans; complaint: secondary syphilis [Item 21: bitticks_henry_w_c_baylorscav_page 14]

10 Dec 1863: Henry Bittick requests a parole to permit his removal to a private residence until convalescent [Item 22: bittick_henry_page 5]

10 Dec 1863: R. H. Alexander, Medical Director, New Orleans, Louisiana, requests that Henry Bitticks be removed to a private home until convalescent [Item 26: bitticks_henry_page 1]

31 Dec 1863: Henry Bitticks, Private, 2 Regiment Arizona, appears on a Roll of Prisoner of War on hand at New Orleans, Louisiana [Item 24: bitticks_henry_w_c_baylorscav_page 5]

1 July to 12 Sept 1864: From prison, admitted to Barracks General Hospital, New Orleans, Louisiana; complaint: smallpox; transferred to prison 12 September 1864 [Item 26: bittick_henry_page 1]

7 July 1864: Harry Bitticks, Private, 2 Regiment Arizona, appears on a Roll of Prisoners of War at New Orleans, Louisiana [Item 28: bitticks_henry_w_c_baylorscav_page 7]

22 Sept to 17 Oct 1864: Admitted to St. Louis General Hospital, New Orleans, Louisiana; complaint: diarrhea; complaint: convalescent of smallpox [Item 30 & Item 31: bitticks_henry_w_c_baylorscav_page 15 & bitticks_henry_w_c_baylorscav_page 16]

20 Oct 1864: Harry Bitticks, name canceled on roll, appears on a Roll of Prisoners of War at New Orleans, Louisiana, transferred to Ship Island, Mississippi, by order of Maj. Gen. E. R. S. Canby [Item 31: bitticks_henry_w_c_baylorscav_page 8]

22 Oct 1864: Harvey Bittocks, Private 2 Regiment Arizona, appears on a Roll of Prisoners of War transferred from New Orleans, Louisiana, to the mouth of Red River for exchange; captured at Brashear City 22 July, 1863 [Item 32: bitticks_henry_w_c_baylorscav_page 9]

22 Oct 1864: Bitticks, Henry, Rank: Private; Regiment: 2. Arizona, Co. [blank]; Where & When Captured: [blank]; Sent for Exchange: Oct 22, 1864 Red River Landing; When Exchanged: [blank]; Remarks: [blank] [Item 33: Roll of Prisoners of War at New Orleans, La., page 20; line 25; Ancestry.com. Civil War Prisoner of War Records, 1861-1865]

******
Henry Bittick, a butcher living in San Marcos, Hayes Co, Texas in February 1872, is mentioned in this case.

http://books.google.com/books
Criminal Law Reports: Being Reports of Cases Determined in the Federal, and State Courts of the United States, and in the Courts of England, Ireland, Canada, etc. with Notes, by Nicholas St. John Green, 1876
Published by Kurd and Houghton, Cambridge: The Riverside Press 1876.

PP 347-348
HENRY JOHNSON v. THE STATE.
(36 Texas, 375. Supreme Court, 1871-2.)
Larceny. Intent.
In order to constitute the crime of larceny, the taking of the property must be with the felonious intent of permanently depriving the owner of his property. The evidence in this case held to be insufficient to establish a felonious intent.
APPEAL from Hays. Tried below before the Hon. J. P. Richardson.

The opinion of the court sufficiently states the facts of the case.

James H. Burts, for appellant.
William Alexander, Attorney General, for the State.

WALKER, J. The appellant has been twice tried upon an indictment charging him with feloniously stealing a roan gelding, the property of some unknown person. He has been twice convicted, and each time sentenced to five years in the penitentiary.
The evidence establishes the fact that the horse alleged to have been stolen had been running upon the range in Hays County for a number of years, during which time people were in the habit of catching him and riding him for temporary purposes.

About the latter part of February, 1872, the defendant, in company with three others, were hunting beeves near a place called Pitt's Pond, in Hays County, where the horse was seen grazing, when Johnson remarked that he would catch the horse and ride him awhile, that he had as much right to ride him as other people; whereupon, Jim Carson, one of the party, roped the horse for the defendant, and he mounted and rode him off.

Johnson was then in the employ of Henry Bittick; Bittick was a butcher living in San Marcos, and the beeves which they were hunting were for his use.

Some jocular remarks were made between Bittick and Johnson at the time the horse was taken up, Bittick telling Johnson that he had better take care or he might get himself into the penitentiary ; and Johnson replying, that it was a great ways to the penitentiary, and that it would take smarter men than were in Hays County to send him to the penitentiary for taking up and riding the old stray pony.

But it appears from the evidence that Johnson rode the pony to San Marcos, and there turned him into a lot; afterwards he told Bittick that he had traded the horse to Clay Ernest; Bittick again admonished him that he might get into trouble, to which he replied, we have traded in such a way that we can untrade again.

It seems further from the evidence that Ernest had the roan horse in his possession for some time, and that the defendant subsequently traded off the horse which he got from Ernest to a third party, giving six dollars boot money, and afterwards sold the horse he got on the second trade for thirty dollars, to the same man, Clay Ernest.
In a recent English case, Mr. Baron Park defined the term " felonious " to be an act where there is no color of right or excuse for it. Regina v. Holloway, 2 Carr. & K. 942. In larceny, the taking must be with a felonious intent to deprive the owner, not temporarily, but permanently of his property.

At the time of the trial the old pony was back on the range, running at large. In order to determine whether the defendant is guilty of larceny or not, we must look to the quo animo of the taking. He could not have intended to deprive the owner of his property. No owner of the horse was known to be in existence. The horse had run for years at large upon the range without an owner, and different persons had used him at pleasure. To make the case one of larceny, it must be shown that, at the time of taking, Johnson had formed the felonious intention. This the evidence does not show; if the taking the horse had been felonious, Carson, who roped the animal for the defendant, and Bittick and Baker, who were also present, were all participes criminis, but the evidence leads to no such legal conclusion.

The verdict of the jury is unsupported by and contrary to law.

The judgment of the district court is therefore reversed and the cause dismissed. Reversed and dismissed.
******
1891 San Antonio City Directory
Bittick, Henry W. C., home address 1117 Morales Street, traveling salesman for Zirkel & Company, marble works.
[courtesy of Dottie Miller, email, 06 June 2005]
******
ABOUT GRANDPA BITTICK:
From Lee Jones: "He worked a combine cutting rice in Louisiana; mowed with 17 little mules to a combine; through the fields like wheat threshers do now." Lee said that my Daddy (Harry E. Jones) told him this.

From Uncle Earle i.e. Earle Bittick Jones: "In Benton, Texas he (HWC) was called "The Squire". He was Justice of Peace and ran a store. He was head of Masons. He was constable of that precinct. Once HWC Bittick was called from San Antonio that a robber was coming toward Benton. The posse caught him. Uncle Earle saw them at the river with a bloody body across the saddle."
******
[see tombstone photo--Henry William Conway Bittick]
Buried: Short Cemetery, South of Center, Shelby Co, Texas
Henry W. C. Bittick
b. 25 Nov 1837
d. 26 May 1911
18th Texas Cav, CSA

Not found on the Texas Death Index


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