Lexington weekly intelligencer., 1881-10-08

have been a race-horse in his time, for
he dearly loved to get his run when =
crowd Of people were present to see
HIM. One fine morning concluded
to take ride, for by too close con-
finement | would break down my
health, and the same thing was caus-
ing jim to kick down his stall. On
the road Jim seemed 90 anxious to
measure the breadth as we'll as the
length of the way, and his gait was
rack-er rather q racket, for 1t was
step one, two, three and kick, and
a kick, aud SO to the end and then
da capot. ...,.,..' .,., ...-.. ....,,..
I He kept within the law in his CO.
ing forth, but in his return be broke
through all restraint and came through
the town like an. appsriti0n. i was
scarcely visible, but the old mayor,
putting on his spectacles and placing
himself III the track of our transit,
as persons sometimes watch the course
of . cannon ball, he described the
outline Of tall black hat and very
profuse coat-talls. Tho gait was not
"ordinary," in fact 1t was qaite ex-
trasrdinary.' He turned into his Of.
flee, and dispdtohing messenger for
the marshal, gave him an order for
my commitment in the city Jail for
overriding the law In Jim's case
made and provided. The marshal
came down In hot haste and approach
ed me before / had time to shake the
dust from my garments. l Thought
he came. TO congratulate me on my
narrow escape, for came very near
breaking my neck twenty times be-
fore got the animal at stand still
but no, it was an order Of arrest. I
appeared before his honor, allowed the
case to 60 against me and took an ap-
peal. gave bonds which were ac-
cepted and resigned myself to await
the meeting of the circuit court. It
soon became . universally admitted
fact that the horse had run away with
me, aud that the mayor was very
anxious to prevent that appeal.
Through ignorance he failed to sign
his name to the appeal, and he was
advised to ignore the whole proceed
iDgs. The appeal was perfect aud the
csse was out Of his jurisdiction; but
he persistently refused to certify the
papers up to the circuit court. He
went farther. He issued an execu-
tion against me, and some property
of mine was advertised for sale. l
replevined the property, making af-
fidavit that it was not held under any
legal execution. What 1 swore to was
true in law and in fact, as was de-
cided afterwards in the trial court.
This made the mayor and city fathers
exceedingly wroth. They decided
upon prompt aud aggressive meas.
ures. They had me presented to the
grand jury aud they returned an in
dlctment for perjury. One good
turn deserves another, and had the
mayor aud marshal arrested for rob-
berry. They retaliated by entering
suit against me for false arrest, claim
ing ten thousand dollars damages.
Things were getting trifie monoto.
Gus. might have pulled my hat
over my eyes aud sailed forth in the
darkness, aud storm, and snow; but
that sntidote for clerical troubles had
not yet been discovered; 80 marsh
allied my wits and planned vigorous
campaign. How could get those ap-
peal papers in the circuit court l
might mandamus the mayor, but the
circuit court was q man who had
been dismissed from the militia for
indulging his fancy for rebel horse.
flesh, and, Of course, had nothing
to expect from him. I could man
damus him, but our supreme csurt
was not using its discretionary pow
ers to protect democrats in those
days. determined to oust that mayor
and put democrat in his place. The
election soon came on. 1t was bit
ter contest. AT the closing Of the
polls the cry rang through the town :
'Phelan 10 beaten-No appeal" But
they had crowed too soon. | had
carried the day by one vote. Next
day it was discovered that two DEM
ocrstic votes were illegal. The new
mayor was served with q notice of
contest; but he had to be seated be-
fore his sect could be contested, and
he was seated. Five minutes after
my appeal papers were in the hands
of the circuit clerk duly certified.
Goodnight, gentlemen" said Major
McGOnnigle, ''you can now have the
office as have no further use for it,"
That indictment for perjury now
looked very sick. On the aay of trial
l took a change Of venue. The case
was sent to Macon, the most radical
county in the northeast. The sheriff
of Macon was radical, and radical
sheriffs had peculiar ways of selecting
juries in those days. But another
election was coming on III the coun-
ty, and by herculean efforts we elect
ed democrat for sheriff. 1t was now
plain sailing. On the trial day near
ly half of Edna was down TO Macon
City. The mayor was there the ex-
mayor aud marshal were there, aud
the witnesses were there. The case
of perjury was called up, and then
Mr.. Overall, ths states attorney, rose
J up aud asked that the case be dis