The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-03-14

cisely the same facts another complaint
was made against McDermott charging
him with running lottery.
1t was late in the evening-in fact,
McDermott was arrested while at supper,
and was remanded to Jail in default of
$500 bail.
He remained there all night, and the
next morning he was the second time re-
leased by Judge Breckenridge, who still
held to his former ruling and decision.
Then it was the officers about Judge
Calhoun's, seeing their fees fade away like
a $40 bill in keno room, got on their ears
and swore they would yet have McDer-
mott and yank from him a fine aud costs.
They even went so far as TO calmly aver
that the next time the arrest was made
they would not remand the prisoner to
Jail, but would place him in the custody
of one of their own officers.
Another omplaint late in the afternoon
was sworn out on the same facts as the
two first, but this time McDermott was
charged with betting and waving an ex
animation was remanded to the custody of
Officer Deliraisse.
Another habeas corpus was sued out,
and with it a complaint against Justice
Asslb 41ubSh
ms and Officer Delfraisse, and they we're
arrested and arraigned to show cause why
they should not be held for contempt of
court.
The court still held to its decision that
McDermott was not guilty of any crime,
and for the third time discharged him
| from custody.
Then the able justice and his officers
were arraigned to answer why they should
not be held for contempt of the honorable
court in chambers.
| McDermott, who had been discharged,
thought it was about time he was shaking
the dust of Austin off his feet, and got up
and started out of the court room.
"There goes your man." said some one
to Justice Calhoun.
II know it, but can't do anything; I'm
under arrest" groaned the justice.
Then Mr.. Hutchins was informed that
McDermott was skipping"
"Pm under arrest, too," he groaned,
Sand can do nothing"
Officer Delfraisse was told that Nc
Dermott was making tracks.
"What the d i can 1 do" he groaned;
'Tm under arrest like all the Others"
Then all three groaned in concert, glared
at Attorney Hamilton and the court, and
then looked dismal.
The trial proceeded, and lasting several
hours, McDermott made his escape from
the city.
The prisoners we're held under their OWL
recognizance, and Judge Breckenridge has
the matter under advisement.
Attorney Hamilton acted very generous
with the prisoners, and prompted by
kindly feelings, recommended them to the
mercy of the court and pleaded for ligh'
sentence, fine of 800 each and thirty
days in jail.
This exhibition of generosity visiblJ
affected the prisoners, and tears came
into their eyes and they looked more dis
NAL than ever.
During these habeas corpus proceed
ings, it seems that in one instance at leas
there was some irregularity in that thu
bondsmen of McDermott neglected tt
erase their names from the instrument
and it is maintained that the plea that
McDermott was restrained from his lib
erty was not tenable, and that the cour
} erred in its decision. There were one o
two other alleged irregularities, and it i;
said that they will be made the foundR
ton for bringing suit against Judg
Breckenridge for malfeasance IN office.