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

strange things and many curious people
whose destiny is fraught with many tribu-
lations.
At least such was the fate of Mr.. B. Mo
d srmott, whom the whirliRig of time
threw off at tsnget, landing him square
and flat in this city.
Mr.. McDermott ia genial, sunny Irish
man, who pran ,es over the country gain
ing livelihood by running Irish billiards
and manipulating the doll baby and ball
racket, both innocent amusements and
affording unbounded pleasure to fun-lov-
ing pie, old and young.
The versatile Mr.. McDermott upon
landing in town secured room under the
Avenue hotel, where he arranged his bill
lizards and dolls and balls, and where his
genial disposition end Irish wit, coupled
with his games, soon began to attract
crowd
Mr.. MoDermott was happy, but the
cloud of adversely gathered, and soon
thereafter the storm burst and sorely but-
feted Mr.. McDermott about and he was
dismal.
Somehow or another it dawned upon
the broad expanse of the mind of some of
the officers that he was one of the number
OF men against whom during the drill last
May charges were made for running gam
bling devices on the grounds.
At that time, however, Mr.. McDermott
was not asrested, and very good and
pointed reason existed therefor.
When he heard of the arrest of the
others, he expeditiously crammed his dolls
and balls into box, and, packing up his
Irish billiards, he lit out for fields new and
pastures green.
The Others were arraigned before Judge
Breckenridge, who, after an investigation,
declared the games not gambling devices,
and the prisoners were discharged to the
infinite disgust of the officers who were
knocked out of their fees.
Since then the woodpeoker and
sapsucker have reared intensely interest
ing families, the harvest has come and
been gatherd and Mr.. McDermott, after
tour of the state unmolested, again turns
| up in Austin.
| As intimated he is recognized, and the
officers, disgruntled over the drill arrests
and their outcome, determined to play for
even.
Mr.. McDermott, innocent of their in
tention, industriously got his games III
order, and when every thing was ready the
doors we're thrown open and delighted
boys and old and young men tried their
skill at throwing balls at the dolls or In
knocking the pins down in Irish billiards,
A license had been paid and permit
issued to McDermott to conduct his bust
ness and everything was moving along as
merry as marriage bell.
Then it was the minions of the law
pounced down upon him and to his very
great establishment he was promptly
yanked up before Justice Cal
houn, before whom four able
bodied complaints had been
made charging the amiable McDermott
with exhibiting gaming table for the
purpose of gambling.
BY chance he was thrown in contact
with Mr.. J. r. Hamilton, a prominent
Young attorney, and Mr.. Hamilton was re-
tanned to defend him.
In the court room an atmosphere OF
compromise seemed to be all about, and
the astute assistant county attorney, tax
ing the able attorney for the defense aside
poured into his ear pleasing compromise
whereby the prisoner would again GO
scott free, having previously, OF course
made a liberal cash donation to calm the
outraged dignity of the state and pay the
officers for their prompt performance OF
duty.
"The penalty for ext hitting gambling
game is so much fine and thirty days II
Jail, while that for betting is tiue only.
Let your man plead guilty to betting, pay
the fine, and the other cases will be dis
missed" was the subject proposed.
The attorney for the defense mildly de-
INJURED. His client was not charged witt
betting, and he could not plead guilty tC
something that mad not even been lodged
against him. Indeed, he fatty refused tC
plead guilty to anything, and waving
an examination McDermott was bounc
over to the county court In the sum Of
5000.
This Attorney Hamilton objected to, q:
his client was poor man. He also sug
: gested that heretofore in cases of gam
blers beiug arrested on more than ont
charge it had been the custom of the jus
lice court to require bond in one cast
only.
1t did 10 good, however, and the bono
remained fixed at 5000, and IN default o
which McDermott was remanded to jail.
A writ Of haebeas corpus was then sueC
ont aud Judge Breckenridge reduced th'
bond to $3.50, which was given and Nc
Dermott released from custody.
subsequently Judge Breckenridge wen
= down aud examined into Mr.. McDsrmott
t business, and satisfying himself that tn
9 games were harmless, and not gambling
devices, he rendered q decision as he hat
n done last May, and turned Mr.. McDermot
II free.
i This, it appears, riled the officers a
about Justice Cslhoun's court, and on pre-