Red Top Cemetery
Also known as: Seale #2 Cemetery

Cause of Death: Gunfire

Date of Incident: December 2, 1888

Weapon Used: Rifle; Winchester

Suspect Info: Earl Knox

Related Line of Duty Deaths

Deputy City Marshal
Levi Neal
Bryan, TX

Deputy City Marshal
Levin Smith
Bryan, TX

Around 8:00 p.m. Bryan City Marshal M. M. Wilcox obtained a warrant for Earl Knox, 17 or 18 years old, for burglary. Marshal Wilcox was accompanied by Brazos County Constable R. H. Smith and deputy city marshals John P. Chance, Levi Neal and Laith Lougbridge. Wilcox, Neal and Lougbridge approached the house from the front, while Smith and Chance took positions around the house to cut off any escape. Lougbridge was walking in front of the other two lawmen and called for Knox to come outside. Knox fired a Winchester rifle at Marshal Wilcox, striking him under the left nipple, above the heart. It was dark and Knox made his escape.

Marshal Wilcox fired several shots, but he was mortally wounded and his aim was wild. Wilcox died about 9: 00 p.m., having asked those present to look after his family. The newspapers reported that Wilcox was a brave, kind-hearted man, whose reluctance to use his weapon was well known, and at last, doubtless, cost him his life.

Knox was convicted of second degree murder and sentenced to 9 years in prison. He was sentenced to 8 years in prison for burglary and related charges.

Wilcox was survived by his wife and two daughters. He was buried in the Seale Family Cemetery in Brazos County.

Related information: Brazos County deputy sheriff R. H. Smith (later constable), his brother, Bryan deputy city marshal Levin P. Smith, Jr., and deputy city marshal Levi Neal were involved in a shoot-out with escaping convicts on May 15, 1885. Levin Smith, Jr., was killed. Bryan deputy city marshal Levi Neal would be killed while making an arrest on February 24, 1900.