John Birdwell
Agency patch
Constable

John Birdwell

Felonious
End of Watch December 19, 1871
Age 59
The Vigil Panel 4 ›
Gender Male

Incident

On December 14, 1871, two Texas state policemen, Columbus Hazlett and William Grayson, attended a justice of the peace court session in the Linn Flat community. Apparently in disagreement with some action by the court, they caused a disturbance and threatened to shoot one of the lawyers. Justice Dawson charged them with contempt. An arrest warrant was issued, and Dawson gave it to Constable John Birdwell to execute. Constable Birdwell summoned a man named David W. Harvell to assist him in the arrest of the two state policemen. The constable then located Hazlett nearby and arrested him. Hazlett offered no resistance, and on Birdwell’s command called to Grayson in a nearby store.

When Grayson drew near, Hazlett told him, “I am a prisoner.” Grayson said, “Die before you surrender.” Deputized Citizen Harvell then demanded Hazlett hand over his gun. Instead, Hazlett drew his weapon and shot Harvell in the chest. But Harvell did not go down. He staggered though a nearby store door, picked up a shotgun, and fired the first barrel into Hazlett’s face. Hazlett was hit by only a few pellets, but the second barrel discharged in the direction of Grayson, wounding him. Hazlett and Grayson returned fire, twice hitting Harvell, who dropped dead on the store floor. Constable Birdwell never had a chance to draw his weapon, and was looking down the barrels of the state policemen’s guns when they mounted their horses and rode off.

On December 19, 1871, Constable John Birdwell answered a knock on his door in Linn Flat and was shot dead. Arrest warrants were issued for Grayson and Hazlett.

About a week later Lt. Thomas Williams, a respected member of the state police, rode into Linn Flat with Grayson and Hazlett. Lt. Williams negotiated with Sheriff Orton for several days over the arrest and confinement of the two state policemen. No settlement was reached, and Williams rode away one night with his two prisoners. Soon after, the head of the state police returned to surrender Hazlett and Grayson to the sheriff.

Grayson was convicted and sent to prison for life. Hazlett escaped from jail before his trial, fled to Arkansas, and was killed by bounty hunters.

Constable John Birdwell, 59, was survived by his wife and 10 children. David W. Harvell, 29, was survived by his wife and 3 children. The place of burial for both men has not been located.

Survivors

Constable John Birdwell, 59, was survived by his wife and 10 children. Harvell, 29, was survived by his wife and 3 children.

In Our Keeping

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BO-US-TX-7DD740AF
Stewardship
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April 2, 2026
Last updated
July 23, 2026

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Tributes

155 years is a long time for a name to go unread. Not today.
Constable Birdwell served with the Nacogdoches County Constable's Office.
Thank you for your service to the Nacogdoches community. Gone but never to be forgotten.

— S. Vincent Anthony, U.S. Army 1985-1993

Agency

Location Nacogdoches, TX
Platform Identity ncco.nacogdoches.tx.us.gov.nw

Service Record

End of Watch December 19, 1871
Age 59
Gender Male

Incident Details

Cause Felonious
Cause Detail Gunfire
Weapon Unknown weapon
Offender one sentenced to life and one escaped

Constable John Birdwell is one of 17,623 officers killed feloniously — deliberately targeted and murdered in the line of duty across the full record of this memorial — 54.2% of all 32,508 officers honored here.

In TX, 1,463 of 2,421 officers were killed feloniously — deliberately targeted and murdered in the line of duty — 60.4% of this state's fallen. That is 6.2 percentage points above the national rate of 54.2%.

At Nacogdoches County Constable's Office, 2 of 2 officers on record were killed feloniously — deliberately targeted and murdered in the line of duty — 100% of this agency's fallen.

Nacogdoches County Constable's Office
2
of 2 officers
100% Felonious
TX — Statewide
1,463
of 2,421 officers
60.4% Felonious
Nationwide
17,623
of 32,508 officers
54.2% Felonious

National Cause Distribution

How Felonious compares to all causes of officer death in the memorial record. John Birdwell's cause is highlighted.

Felonious
17,623 (54.2%)
Accident
10,088 (31%)
Illness
2,974 (9.1%)
Cardiac
1,306 (4%)
Undetermined
260 (0.8%)
Suicide
256 (0.8%)
vehicular
1 (0%)

How John Birdwell Compares

Age at End of Watch
59
This officer
Avg for Felonious: 39.0 years

Offender Outcome

one sentenced to life and one escaped

When Felonious Deaths Occur

Monthly distribution of Felonious deaths across the full memorial record. John Birdwell is highlighted in Dec.

Jan
1,392
Feb
1,295
Mar
1,373
Apr
1,517
May
1,505
Jun
1,443
Jul
1,587
Aug
1,516
Sep
1,553
Oct
1,371
Nov
1,447
Dec
1,624

Weapons Used Against Officers

Most common weapons in felonious officer deaths. John Birdwell was killed by unknown weapon.

Gun; Unknown type
5,083
Handgun
2,077
Shotgun
922
Officer's handgun
909
Automobile; Alcohol involved
530
Rifle
518

Others Who Wore This Badge

1 officer from Nacogdoches County Constable's Office are honored on badge.nw.