The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-07-13
THE MARsHAL.MAYOR MUDDDLE
Examination OF the Mayor Before the
Investigating Committee of the
City COuncii-The Testimony
Elected, Etc.


The committee on ordinances,t to whom was
referred the charges preferred by City Mar
shal Morton against Mayor Thurmond, met
yesterday morning at II o'clock at the city
hall. The committee is composed of Alder
men Hunt, Ervay and Tilman and when
they arrived they found the hall we'll filed
with an anxious crowd awaiting to hear the
testimony.
Alderman Hunt, chairman of the commit.
tee, asked the mayor if he had engaged
counsel and he answered that he had retained
Colonel Crawford, Judge Watts and Judge
Hurt, who we're at present absent from the city
or engaged in other cases. Since then he had
employed Judge Field and Colonel Stem
mons to represent him. He had designed to
cross examine the witnesses himself but felt
indsposed, having had sunstroke a few days
before, from which he WAS Just recovering,
i Marshal Morton stated that City Attorney
Gibbs and Mr.. Robert Cowsrt would prose-
cute.
The mayor said that he would object to
Mr.. Gibbs appearing for the prosecution, as
1t would appear then that he was being prose-
culed by the city instead of Marshal Morton,
and he was averse to any such false impress
sion getting out.
The city attorney stated that he appeared
in his official capacity to aid the committed in
its investigation. The committee decided
that it was right and proper.
Mr.. Cowart said that the mayor had stated
that he had retained Ju ge Watts, his part
ner but he had heard nothing of it.
The mayor replied that the gentleman mis-
understood him; he meant to say that he had
intended 10 employ him.
Judge Field and Colonel Stemmons ap-
peared and the prosecution announced
ready.
The defense asked that the committee fur
nish them with the charges preferred.
The chairman said that the charges were
made in open council and that the mayor
had had sufficient time to prepare for the in
vestigation.
The written charges were then handed to
counsel for defense and Judge Field read
them, commenting ms he proceeded, and ar
gued that there were no specific charges
made.
The city attorney said that the committee
did not sit rs II court Of impeachment but as
committee of investigation in behalf of the
council. The mayor was not on trial. The
committee was sitting merely to inquire into
the truth of the matter and report to the
council, which would pass upon the charges.
MIR. Cowart, for the prosecution, said
that Judge Field did not appear to
understand the matter--that instead of
sitting rs court the committee
WAS one more analogous to church investi-
cation in which the Judge had figured
Juuge Field replied that il the gentleman
had GiHlsef figured more in church matters
it would have been better for him
The chairman said that while the charges
were not specific and in satisfactory shape,
it was the determination to carry out the
instructions of the council in the premises. 1t
would be the aim of the committee to elm
mate all technicalities calculated TO consume
time TO no purpose. They were sitting to as
certain the truthfullnessof the charge, and
not to formulate articles of impeachment.
The city attorney suggested that certain
hours be fixed upon for hearing the investi.
cation. Much time would be consumed in
hearing the testimony.
proceed with tho investigation without inter-
mission.
The defense announced ready and, it being
near the dinner hour, the committee
adjourned until 2 o'clock p. IA. =
AFTERNOON SESSION.
The committee met pursuant to adjourn.
ment.
Mr.. Sebastian the first witness, was sworn
and introduced by the defense, and testified
as follows: remember the trial of young
man, said to be Goldsby, before Justice Ed
wards; he was charged with using vulgar
language at the Red Light; / knew Billing
ton and Mr.. Cornish, who we're on the jury &;
Mayor Thurmond was defending him; |
heard Mayor Thurmond ask Judge Hurt if
he thought there would be any harm in his
volunteering his services. Judge Hurt
replied that it was his duty
to defend the boy, and the mayor then said
he would do so and not charge any fee for his
services in his speech to the jury he APP
peared to infer, without making charges or
using names; he spoke of Arthur Cain, alias
"Frenchy," the keeper of the Red Light, a
house of ill-repute, and referred to Henry
Waller in particular, whom he said staid
there holding commission of deputy under
Sheriff Moon and that he was paid by
Frenchy; | am a farmer and was grand
juryman at the last term of the district
court; / did not hear Mayor Thurmond in
his speech say that the police or Marshal
Morton stood in with thieves; rs under
stood it, evidence was to the effect that Colds
by had been cutting up in the house and that
Frenchy knocked or pushed him out Of the
door; one of the police swore that Gcldsby
had used vulgar language some time before
he was arrested in the house, and the mayor
in his speech stated that the police ought to
have arrested him then, and stated that AS it
was not done they must have been under the
influence of Frenchy: he said that Frenchy
did exert an undue influence over some others,
and in his speech he denounced the Red
Light. In my opinion Judge Hurts speech
was more severe on the police than was May
or Thurmond's, Judge Hurt said that he
was personally responsible for what he said.
After the mayor had finished speaking he
asked me if | did not think Hurts speech
the severest OF the two, on the police, and |
answered yes. "Well," he replied, "thev will
blame me, and not Hurt; you'll see."
Cross Observation-Disclosures Thurmond was
out to see me. The charge on which Colds
by was tried in the mayors court was for
fighting.
j. w. Spencer, witness for prosecution,
was sworn and testified; was present a
part of the time at Goldsby's trial in Justice
Edwards court. heard most of the may
or's speech. He spoke of Frenchy robbing
persons who visited his house, and said,
"Gentlemen of the jury, the police force, or
portion of them, stand in or must stand in
with him."