About 1869, after spending the night with Bill Shores, who lived two miles south of the Frio River, Tom Malone started to the home of Ben Biggs, who lived about two miles south of old Waresville, and three miles south of the present town of Utopia. Ben Biggs, at the time, was preparing to move a herd of cattle to California. So Tom Malone was anxious to accompany him on the trip. But when Malone was east of the path between the Frio and Sabinal, he was ambushed and killed by Indians, who hid behind the rocks.
Joe O'Bryant Sr., found Tom Malone sixteen days after he had been killed. Capt. J.C. Ware, twice advertised for his people but they were never located.
Before Tom Malone left the home of Wm. Shores, he was told that it was unsafe to travel without arms on account of Indians. But Malone
replied that he had come all the way from California unarmed, and had seen no Indians. Therefore he did not consider it necessary to be bothered with a six-shooter or rifle. But he only went a short distance when he was killed.
Note: Author interviewed: Capt. J.C. Ware; of Waresville, about one mile south of Utopia.
The above story is from the book, The West Texas Frontier, by Joseph Carroll McConnell.