Colorado County Constable's Office - Precinct 8, Texas
End of Watch: Monday, February 19, 1894
Age: 27
Tour of Duty: Not available
Badge Number: Not available
Cause of Death: Gunfire
Date of Incident: February 19, 1894
Weapon Used: Handgun; .45 caliber
Suspect Info: Killed in another dispute
James R. Mitchell was from one of the oldest and most prominent families in Fort Bend County. He married a shop girl and months later they separated and she moved into Melton Sparks’ boarding house in Eagle Lake and started supporting herself. Mitchell occasionally visited his wife at the boarding house, but in December 1893 Sparks told him to stay away. Mitchell left the boarding house and ran into Constable Sutton and tried to buy him a drink. Sutton and Mitchell had words over Mitchell’s alleged mistreatment of his wife.
Two months later Constable Sutton transported a number of local residents, including Melton Sparks, to Houston on the train as attached witnesses for a murder trial. As the train pulled into Grand Central Depot in Houston several people spotted Mitchell waiting in the station. Constable Sutton said he was an officer and armed so he would lead with them through the depot to a carriage. He remarked that he expected trouble. Mitchell approached Sutton with a .45 caliber pistol in his hand and his first round struck Constable Sutton in the heart, and he died instantly. The second round hit Melton Sparks in the side and the bullet exited the other side, mortally wounding him. Dan Gleason, an old bus driver, not involved in the incident, was shot in the heart and killed. The wounded included James Sparks, Mrs. Melton Sparks, her 2-year old daughter, and Mrs. Dow, one of the attached witnesses for the trial. Mitchell surrendered to Houston police.
Constable Sutton had recently married and was survived by his young widow. He is buried at the Eagle Lake Masonic Cemetery. He was just 27 years of age at the time of his death.
The trial of Mitchell for murdering Sutton, Sparks and Gleason was continued numerous times. On October 21, 1895, Mitchell got into a difficulty with Cain Neal at a restaurant in Richmond. The difficulty grew out of the recent trial of Armistead Mitchell, James’ brother, for a homicide he committed six months earlier. Neal and Armistead were jointly indicted in the homicide but a severance was granted. Neal’s case was dismissed but Armistead was convicted based upon Neal’s testimony. Both Neal and Mitchell drew their pistols but Neal was faster and shot Mitchell three times, one in the neck, one in the breast and one in the temple. Mitchell died with his unfired pistol in his hand.