Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-08-11

eral hours In the arms of Morpheus j
was up ut work on that case. i had
nourished 1t until had begun to cher
ish II. The hours of one, two, three
and four in the de d hours of night
had caught me at work on this case
Go ask the judge of the court IL there
was anything left undone by me.
When | stood there before the
court for hours arguing the de-
murrer In the case the judge
of the court, that good man, the Hon.
A. j. Hood, passed the highest COM
pliment have ever received at the bar
for my legal argument. Although, sirs.
| was opposed by five able lawyers, |
stood solitary and alone and fought
this case, and the court then decided
II in my favor. Yet by amendments
at the next term of the court the case
was decided against me and the plain
tiff obtained judgment for
$l,S00, when he had sued
for $1,000. Iappealed the case without
giving bond, as had a right to do I'M
der the Revised Statutes. section 400.
Other cases before IL had been done in
the same manner, and not even mo-
ton had ever been made to dismiss. The
supreme court overruled the motion
TO dismiss and the case was submitted
on my brief. After rejecting the court
determined In several months to dis
miss the case, stating in their opinion
which was lengthy that the
record did not show that
Fort Worth had accepted the general
incorporation act; that it would not
work n hardship on Fort Worth be-
cause they had in their statement of
facts, and they could take it up by
writ of error by giving bond. We are
the defendants in the case below; have
tyo years from last December in
WicbIt4 APPEAL the case ana 1.-THE
OILY advantage could be by taking
up the other way is the state
ment of facts, and we have them
In this case. 1T seems to me now that
delay does not hurt us.
Now, Mr.. Editor, / believe that /
have successfully refuted every charge
against me. Now, ] ask an impartial
public, in view Of the facts stated
above, If am not warranted In be
lleVing that some of the parties who
signed the instrument against me
were actuated by other motives than
failure OF the performance of
my duty. Especially so, when
ilve OF those members of the
city council when have pub
licly announced that gambling had
TO stop in Fort Worth inside of ten
DAYS, went to the city marshal, who
had given the gamblers until Monday
morning TO close up their business, and
told him to let them alone. The names
OF Those men are j. p. Alexander,
Julian Field Richard Flanagan, j. b.
Askew and w. III. Aldridge. To the
credit otthe balance of the BOARD be IL
saiu that they refused TO say anything
10 the marshal In reference to the dis
charge OF his official duty. To his
credit, he IL said, that he told them he
would in this matter do his dnty
Ihen one of them heaped the insult on
his head and said: "Are Won more
AFRAID OF Jim Swayne than the CITY
council" ' To which that noble otlicer
replied he was afraid of neither.
Have they the right to tell am officer
not To do his duty?
Capt. Alexander and rDlcl, FLANAGAN
We're the parties believe who made
use of this expression. Men of the
country who have respect for the laws
that govern our city, we ask your sun.
port. Ladies', who have sons being
ask from you your assistance
Fathers, who feel an interest in the
security and safety of your homes
from lawlessness, we appeal to you for
your help. My mind is made up
n ,,",n now on, as long as | hold my
once, propose to show To
the people of Fort Worth that
1 am worthy of the trust imposed In
me. Yet am charged with losing the
city money. defy them to prove
ina. 1 nave ever lost the city one cent
upon the contrary, my legal advice
has often been asked, and ne
often freely given-and yet, SO good
lawyers say, without mistake,
we have collected in sixteen months
lne term ofmy Office, S2i ,5s6 10 In zines
and as yet. so far as my Office is con.
cserned, have not paid out one cent IN
Judgments Very respectfully,
JAS. w. SwAYNE.
City Attorney.