JUDGE JAMES DANIEL OLTORF

James Daniel Oltorf, b April 25, 1824 in Lunenburg County, Virginia, d January 21, 1892 in Marlin, Falls County, Texas and buried in Calvary Cemetery in Marlin - was a son of John and Sarah (Richardson) Smith - natives of Virginia, who moved to Greene County, Alabama, where they both died by 1839. In 1843, James Daniel (then "Smith") went to The Republic of Texas, locating in San Augustine County, where he taught school. In 1848, he enlisted as a Ranger in Colonel Jack Hays' Regiment to fight in the U.S.-Mexican War during the remaining weeks of that conflict.

At the end of the war, James Daniel moved to Monroe County, Louisiana, where he began the study of Law. He was admitted in 1850 to practice law in the courts of Louisiana; and while residing there, in 1850 he had his name changed from Smith to Oltorf, by act of the Louisiana Legislature. After practicing his profession a few years in Louisiana, he again moved into Texas.

In January 1854, in Henderson, Rusk County, Texas, James Daniel Oltorf was married to Mary Irene Hutchings, b February 16, 1834 in Tennessee, d August 11, 1906 in Marlin and buried in Calvary Cemetery by her husband - a daughter of Lemuel D. Hutchings, a native of Virginia who moved early to Tennessee, and subsequently to Texas, and his wife, Elizabeth (Owen) Hutchings. Mary Irene (Hutchings) Oltorfwas a granddaughter of Captain Thomas Hutchings who served in the Continental Army during the American Revolutionary War.

James Daniel and Mary Irene Oltorf settled in Marlin, Falls County, Texas in 1855, where he established his law practice, owned land on which he raised cattle, and became active in community and county affairs. In 1858, he was elected Falls County Judge; and in 1861, he was named State's Attorney for the 13th Judicial District. He served as mayor of the City of Marlin for several terms.

During the Civil War, James Daniel Oltorf was named Confederate States Receiver for the Western District of Texas, by Governor Lubbock. He was a Mason, and member of Marlin Lodge No. 152.

The height of confusion in Texas after the end of the Civil War has been described as the period of the so-called "E. J. Davis Regime." Davis became Governor of Texas in 1869, after Governor E. M. Pease, another Unionist, though more conservative, had resigned in disgust because of "irregularities" in the radical election campaign. Governor Davis appointed J. W. Oliver as District Judge, who held court in several Central Texas Counties, including Falls County in History of Falls County, Roy Eddins, Editor, recounts the following:

"In the 1870's, feelings ran high. . . two men became involved in a controversy over an article which had been published in a Marlin newspaper of that day, The Marlin Ball. . . . The two men met on the steps over the fence around the courthouse square and, after an exchange of words, one drew a gun, fired and wounded the other slightly. . . . Already, there were smouldering resentments against Judge Oliver, the Union soldiers, and the judge's high-handed lack of observance of legal procedure. The judge spoke to an agitated crowd milling about the courthouse, and threatened to call upon the soldiers to take over the situation. This was more than Falls County's calm-thinking people could stand. J. D. Oltorf snatched a shot-gun (almost from nowhere), ran to the east door of the old cedar courthouse, flourished it (the gun) meaningly, and exclaimed, 'I'll shoot the first-soldiers or anybody else, who tries to force something upon the free people of this county'." This incident was witnessed by a large number of people, and all later reported that Judge Oliver's attitude immediately changed, and the crisis of that day passed - but a number of men were later called before Judge Oliver to account for their actions that day. Judge Oltorf appeared before the Court of Judge Oliver, and responded: "Your Honor, let these other men go. I assume responsibility for what happened - and will do it again under similar circumstances."

A subsequent event, involving Judge Oliver and James Daniel Oltorf, took place during an election in Marlin, Texas when Judge Oliver and his soldiers were present. Judge Oliver was determined to have Falls County voters loyal to the E. J. Davis regime. The voting place was "protected" by the soldiers under orders of Judge Oliver "to assure a fair and impartial election. Voters were required to pass through two rows of soldiers to cast their ballots - an effort to intimidate them. Some of the county's leaders, including an attorney, James Daniel Oltorf, called upon Judge Oliver and asked him to withdraw the soldiers. Judge Oliver insisted they were necessary. The response of Oltorf has been recorded:

"All right, Judge, if you persist in keeping the soldiers there, somebody is going to get hurt, perhaps killed. It is not known who will be the first to get killed, but you'll be the second!" Oltorf's bold action produced the desired result, and the soldiers were withdrawn and the election proceeded peacefully.

The ten children of James Daniel and Mary Irene (Hutchings) Oltorf were:

Thomas Clifton Oltorf, b October, 9, 1855, d 1897 and buried in Calvary Cemetery in Marlin - married Sarah Calvert, b March 16, 1858, d October 22, 1939 and buried by her husband - a daughter of John Calvert, who died at the Battle of Chickamauga in the Confederate States Army during the Civil War and a direct descendant of Lord Baltimore, and a member of the Kentucky legislature before organizing his company to fight in the Civil War; and his wife, Martha (Vallandingham) Calvert, who came to Marlin after the death of her husband.

Lemuel Stokely Oltorf, b June 19, 1857, d December 19,1867 and buried in Calvary Cemetery.

William A. Oltorf, b February 4, 1859, d January 26, 1920 and buried in Calvary Cemetery in Marlin- never married, and owned, in partnership with his brother, Louie E. Oltorf, a large general business which was located in the Oltorf Building.

Louie E. Oltorf, b January 5, 1861, d March 21, 1917 and buried in Calvary Cemetery - never married, and was in business with his brother, William A. Oltorf.

Vernon Pettus Oltorf, b March 16, 1863, d July 1, 1864 and buried in Calvary Cemetery.

Mary Allien Oltorf, b March 2, 1865, d August 11 1872 and buried in Calvary Cemetery.

James Frank Oltorf, b June 18,1867, d September 1, 1873 and buried in Calvary Cemetery.

Infant son Oltorf, born and died 1870, and buried in Calvary Cemetery in Marlin, Texas.

John G. Oltorf, b June 27, 1872, d May 18, 1919 and buried in Calvary Cemetery - married Lula Burkhead, b July 27, 1879, d March 26, 1946. Their son, John G. Oltorf, Jr., b September 30, 1895, d February 28, 1968 and buried in Calvary Cemetery - was a Captain in the First Infantry, American Expeditionary Forces, during World War I.

Charles Archer Oltorf, b 1875, d 1930 and buried in Calvary Cemetery in Marlin - married Susan Battle, b 1881, d 1952 - a daughter of Thomas Elbridge and Susan (Green) Battle.

A sister of Judge James Daniel Oltorf, Mary Elizabeth (Smith), and her husband, Dr. J. R. Pettus, lived in Marlin, Falls County, Texas during the 1850's. Their grandson was Texas Governor, William P. Hobby.

Copyright Permission granted to Theresa Carhart for printing the biographies of these Falls County Families to this Web page.
"Families of Falls County", Compiled and Edited by the Falls County Historical Commission, page 332 column 2, page 333 column 1 and 2, and page 334 column 1 and 2.  
Member of Falls County Historical Commission.