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After serving with distinction as a district judge, James and Jane eventually settled in San Antonio in late 1877 - where he attempted to build his local law practice back up.  An envelope addressed to Jane in San Antonio gives evidence of her residency there as well.  The years of traveling had probably been hard on both of them, but employment was still going to be a challenge in the coming years.  The security of pay with his position as a judge was no longer available, so in many ways it was like starting over again.  James stayed active in the political arena though, and in what might have been a way to augment their income, he took over as Editor-in-Chief of the San Antonio Evening Herald.  (See notice below.)    

Envelope addressed to Jane in San Antonio
property of James and Judy Ware

James continued to do his legal work whenever it was possible.  The following letter was written to Congressman Gustave Schleicher in Washington, D. C. on May 1, 1877.  In his report, he lists a lot of the counties where he traveled to as a district judge.

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James Ware – District Judge of the Western District San Antonio, Texas
May 1 1877

To Honorable Gustave Schleicher, Washington D. C., 

Having learned that your opinions upon frontier matters are respected by the present 
administration, and that your representations of occurrences are credited, I take the 
liberty to call your attention to the recent bold and disastrous raid made by a large 
body of Indians from Mexico through the counties of Kinney, Uvalde, Medina, Frio, 
Zavalla, and Maverick passing out of Texas into Mexico with their captured 
property at a point between Eagle Pass and a village on the Mexican side called 
Villa Nueva or (New Town) having succeeded in getting together between 300 and 
400 horses and having committed some murders; how many I do not know.  One man, 
however, was killed by them in the vicinity of Quihi, 9 miles from Castroville, and a 
boy, the son of a widow woman on the Hondo, 12 miles from Castroville.  We have 
not the details of the other murders.  In the pursuit by the citizens, one of the Indians 
was killed and his body captured, placing the identity of the raiders beyond 
peradventure. This is the boldest raid that has been made in some three or four 
years, and the recently acquired confidence in the safety of that portion of the 
country through which they went, in Medina County, under the influence of which it 
was rapidly being settled, is destroyed.  This band of Indians numbered from forty 
to sixty.  You will readily perceive how exceedingly difficult it would be to gather in 
our sparsely settled communities sufficient force of citizens to follow such a force, 
particularly when whole neighborhoods are left without a horse.

The only means of breaking these raids up is by breaking up their establishments 
beyond the Rio Grande.  The local authorities of Mexico in the vicinity are certainly 
not disposed to do anything in the matter; and whatever may be the disposition of 
their central government, I am afraid it is beyond their power to enforce any orders to 
restrain them and leave those Indians on that portion of the republic accessible to 
Texas.  I can speak almost with a personal interest in this last raid as, returning 
from Frio court, I barely missed them.  

James A. Ware

Congressional Series of United States Public Documents, Volume 1773

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The couple tried for almost three years to make a success of his practice in San 
Antonio, but it seemed that the majority of his legal requests still came from other 
counties he had worked in before and to which he would still have to travel.  As 
early as the first year of moving to San Antonio, Jane got a letter from her father 
expressing concern that it might be hard for them to make a ‘go’ of it there.  Jane 
had obviously been ill because her health is mentioned several times in his letter, 
and she had requested her father to sell off some of the property she owned in order 
to cover some of their new expenses.

   
Original letter owned by James & Judy Ware

Salado     Bell County, Texas
December 26, 1877

My dear Daughter Jennie,

Your letter of the 17^th inst. has just been received and we are truly sad to hear of your distressed condition, and we will do all in our power to render relief to yourself and children. 

You asked me to sell some of your Ferry Land in Bell and thus give you relief - this could be only temporary.  I have sold, through an agent, 50 acres of the Ferry Tract at $3.00 per acre, half cash and the balance in twelve months at 10 per cent.  The $75.00 will be paid at once, but will be reduced to about $40.00 by commission to land agent who affected the sale, and your taxes in this county.  What little money I could send you from time to time would be absorbed in house rent and not be of any real service to you in the end.  Unless James can guarantee the monthly rent and thus ensure a permanent establishment for some considerable time, we think that you had better break up [end the current situation temporarily] and come over and be with us until your health can be restored.  But if you continue your present uncertain business, your little property will be

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frittered away and your health entirely ruined and your future usefulness to your family destroyed.  We will have meat and bread enough for us all and would be pleased to give you an opportunity of recovering your health.

Our school will be broken up - soon I think [ended temporarily] and I have no doubt but that you could, if you desired it in the future, establish a good school here, either in music or literary branches.  In the meantime, we might see what could be done in finding a place for you in the Forks near Morton who intends going there next summer.  We also propose going there if we can sell here, as we have purchased what used to be Dora's place.  If you conclude to come over, and wish to retain a portion of your furniture, it could be shipped to Taylor or Round Rock on the International Railroad and the balance sold.  Under the circumstances of your present situation, we think it would be decidedly best for you to leave San Antonio... Consider this invitation and let us hear from you immediately.

With much love to the children and yourself, we are truly your father,

George A. Smith and Mother

There were other legal cases that came to James, but nothing that could provide the income he was earning in the western districts.

May 28, 1878 - bill submitted for the services of James Ware
to the Attorney General in Washington, DC complimenting him on his services.

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August 20, 1878

Fanny Glassell Ware
photo owned by James & Judy Ware

To add to the temptation to leave San Antonio, Fanny Glassell Ware, their oldest daughter, had fallen in love with a businessman living in Belton – Joel Francis Elliott.  On October 15, 1879, the two were married.  Fanny was twenty years old.  (For a full story of Fanny, look at Chapter 21)  In addition to that, Somerville Ware,

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their only son, had recently turned eighteen and had gone into business with his cousin, Andrew Murray, in the book trade in Belton.

Somerville Ware
photo owned by James & Judy Ware

Andrew was Jane’s nephew by her sister, Eudora.  The two young men opened ‘Murray & Ware Book Trade’ and were the best place in town to buy school supplies. (Ref. 79, 80)  (For a full story on Somerville, read Chapter 21)

It would seem that Belton was calling Jane back, and James would need to go west again in order to support them.  The year 1880 would prove to be life altering for the entire family as it became clearer and clearer that Jane needed to be closer to her family.  Her mother, Julia Somerville Smith, passed away on February 14^th (Valentine’s Day) of that year.  Her father must have been bereft and one can be sure Jane wanted to be with him. 

The 1880 census for Bell County, Belton, shows the following:                              Joel F. Elliott - male, married, age: 29,   Fanny Elliott - wife, married, age: 20

The 1880 census also shows James living in Maverick County and Jane living in 
Bell County. 

The 1880 Census

Another 1880 census shows James in Refugio County and Jane in Bell County.

1880 Census

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A more detailed record of that census informs us that Jane had taken in two boarders when she moved – not unusual at all for the times.  One boarder was Andrew Murray – her nephew who went into business with Somerville.  The other boarder was a young man of twenty-two years named William R. Houston.

Photos of William R. Houston

William R Houston was one of the younger sons of General Sam Houston and his 
wife. Margaret Lea Houston. His father had a monumental reputation in Texas and 
served as the first president of the Republic of Texas in 1836. The Houstons had a 
large family.

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Both Sam and his wife, however, had passed away by the late 1860s.  Their eldest 
daughter, Nannie Houston, married Captain J. C. S. Morrow and settled with him in 
Georgetown, Texas.  She brought her siblings into her home and raised them as her 
own.  Her oldest brother, Sam Jr., would later become a doctor and practice 
medicine in Belton and Waco.  Her second to the youngest brother, William, 
attended public school in Georgetown and later was a student at Salado College and 
the Texas University at Georgetown.  At one time, Nannie and her family lived at 905 
College Street, in Belton.  This made her neighbors with Frances Glassell Ware Elliott 
and her family, who lived at 716 N. College Street in Belton.  The families obviously 
knew each other.  It must have been enjoyable for the three young men (Andrew, 
Somerville, and William) to all stay at Jane’s house.  With her daughter only recently 
getting married and leaving the nest, it probably kept her from being lonely while 
James was working at Eagle Pass. 

The stories Jane would have heard coming out of Maverick County would have only reinforced to both James and Jane why it was better for her to stay in Bell County.  On August 5, 1880, the ‘Weekly Democratic Statesman’ newspaper printed the following article.  (Bold lettering done by Judy C. Ware)

Transcription below

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The Express gives the following account of the killing at Eagle Pass of John Zoller by Sheriff Beacom:  "John had been drinking, and Beacom was endeavoring to arrest a disorderly man when Zoller and Judge Ware appeared upon the scene in a buggy.  Beacom said something about raising a posse to assist him in making the arrest, when Zoller exclaimed, 'posse be d---d !  I'll take the man myself.'  John did so, and afterwards walked up to Beacom and charged him with cowardice.  Beacom remonstrated, the writer says, but 'John kept on crowding him until Beacom shot him in the breast.  In the meantime Beacom stumbled, and one of the crowd cried, 'now, John, give it to him,' but while getting up, Beacom shot him again in the bowels, and started to shoot him again, when one of the crowd called on him to hold up, it was enough.  John then leaned up against one of the posts in front of the court house and said, ‘Beacom; that's enough; you have shot me through the heart.' Beacom was put under arrest and afterward released on a $1500 bond.  John died about noon of the 6^th at the post hospital.  He had a decent burial, and many friends followed the remains to their long resting place.”

Eudora Murray Ware
photo owned by James & Judy Ware

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Death brought sadness to the family again in 1883, when James’ father, Josiah William Ware, died in Virginia on the 13^th of August.  (In a bizarre twist of fate, Josiah had been born on the 19^th of August in 1802 and James would later die on the 19^th of August in 1896.)  It must have been a hard blow for James to lose his father because he always had great pride in him.  He may very well have gotten his love of the law from Josiah since he also served in the courts at one time.  The following is an article appearing in the Baltimore Sun newspaper concerning Josiah’s death. 

“Colonel Ware, during the magisterial system, was for many years a member of the court of his county.  It was stated at the bar today that although hundreds of cases came before him, he was never reversed.  The court adjourned at 12 o’clock today until 10 o’clock tomorrow, as a mark of respect to the memory of the deceased.  Before the Civil War, Col. Ware was the most extensive sheep raiser in the valley of Virginia and did more than any man in his section to improve the breed of sheep by importing from England.”  Baltimore Sun

A few months after his father’s death, James attended a large meeting in McKinney to help make final arrangements for the grand reunion that his old Confederate comrades were planning.  The following is a brief excerpt from the newspaper article pertaining to this meeting, but the long article on the following page provides interesting details.  They were planning on seating accommodations for 5,000 people near the speaker’s stand!

A Meeting of the Different Committees at McKinney Yesterday – Grand Preparations are Being Made, and a Good Time is Expected.

McKinney, July 21 –

A meeting was held yesterday by the various committees to make final arrangements for the grand re-union to take place at this point on the 7^th and 8^th of August next.  The following parties were present, representing the various commands and associations:  Hon. J. W. Throckmorton, …. Oscar Skidmore, James Ware and Dick Collins from Collin County….

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The San Antonio light. (San Antonio, Tex.), 15 Nov. 1883
1883  James on Executive Com. For United American Veterans (#995)

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The new year of 1884 brought great joy as James and Jane welcomed their first grandchildren.  Both Fanny and Eudora delivered their first sons in this year.  Eudora, at age 20, gave birth to Charles Francis Dean.  Charley, as he was called, was born in Belton on February 1, 1884.  Fanny, at age 25, delivered her first son on June 11, 1884.  Robert Ray Elliott was also born in Belton.  It must have been wonderful for Jane to be so close to her new grandbabies.  Just one year later, in 1885, Eudora delivered another little boy.  James Somerville Dean arrived just after Christmas on December 27, 1885. 

Random pages from the legal docket book of Judge James Ware show that he still had to travel a great deal during these years, but you can tell how proud he was of his grandsons by the nicknames he gave them.  Grandpa James would lovingly call two of them “Charley” and “the Dude”.

Docket pages showing Valverde County 1885-1886- 1887

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Docket page showing Kinney county 1886-1887

Docket page showing Maverick County

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The last years of the 1880s found James still doing legal work all over the region of West Texas and Jane getting very involved in civic work in the local region.  On May 17, 1887, James wrote a letter of introduction and recommendation for his old commander, John (Rip) Ford who was writing a book.  It must have felt quite remarkable to have his old commander request a recommendation from him.  

In another legal case in 1889, James was involved in the large settlement for the sheriff of Maverick County.   

Department Of State, Washington, July 8, 1889.

Sir:  I herewith enclose a copy of a letter from his excellency the governor of Texas, of the 24th ultimo, and one from Mr. J. A. Ware,

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of the 20th ultimo, transmitting affidavits in favor of the claim of Shadrack White, deputy sheriff of Maverick County, Texas.  Mr. White, while in the discharge of his official duties, was fired upon and severely wounded by a party of Mexican soldiers, who under a false pretense of crossing the river to purchase horses, were in the act of kidnapping a deserter from the Mexican army named Atanacio Luis.  Mr. White claims damages in the sum of $50,000. (Ref. 2067)

Jane, meanwhile, had found a cause to fight for that was just as important.  Texans were realizing that they needed a way to take care of the ex-confederate soldiers that were now becoming elderly and in need of medical care.  Many of these men were still struggling financially and, as they all got older, the need became more and more critical to find a way to take care of them. In 1886, 16 acres of land were purchased by the Albert Sidney Johnston Chapter of the United Daughters of the Confederacy at 1600 West Sixth Street in Austin.  It was the beginning of a dream that was fulfilled by the hard work of ladies like Jane Ware who organized fundraising efforts for the home, including tours of the state to solicit donations and charity concerts.  According to author Cynthia J. Beeman, much of the previous year “had been spent on a well-publicized donation tour, brainstorming with their fellow womenfolk all over the state on ways their own communities could contribute to the Confederate home effort.”  Jane must have been very proud of her efforts when the home officially opened on November 1, 1886.

Old Confederate Home
Credit: Douglass, Neal. Confederate Home, Photograph, August 5, 1946; digital image

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Photo taken around the turn of the century with an unknown person
standing in front of the Old Confederate Home in Austin

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