El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-04-05
THE MAYOR
is GUILTY
Of Misdemeanor In Office
And Here Is the Proof,
A NOTORIOUS GAMBLER
Is Now Renominatcd With a WhOOp By
the Democratic Party For the
MayOralty, And He Will Swear To
Enforce the Law, Having; Once


: MayOralty, And He Will Swear T,
Enforce the Law, Having; Ono,
Sworn Falsely.
A petition filed in the district court
In opening a suit for damages is one O.
the most nOncOmmittal and colorles
documents in the world. 1t is as brie
as 1t is possible to make it. It states 6
fact, contention, and q prayer for re-
lief We print below one of these peti
tlons, which is interesting on account
OF what it does not contain:
George A. Ducey. VS. Joseph Magoffn. No.
1852.
In the District Court of Ell Paso County,
Texas October Term, A. D., 1898.
ITO the Hon. A. N. WalthalI, District
| Judge OF said court
Now comes George A. Ducey and complain
J ing of Joseph Magoffin, respectfully repre-
sents to the court that both plaintiff and de-
fendant are residents of Ell Paso county.
Texas.
THAT heretofore::to wit on the 18th day of
April, A. D. 1898. plaintiff lent to defend 4 1T
| at his request the sum OF six hundred dol
lars, which the defendant then and there
promised to repay on demand; that after
wards, to wit. on the Goth day of Aug. A. D.,
| 1898, plaintiff duly demanded payment of the
same from the defendant. but defendant re-
/
| any part thereof. to the plaintiffs damage
six hundred dollars.
| whereof. premises considered, plaintiff
| prays that defendant be cited to answer
this petition, and that upon a final hearing
| he have judgment for his debt, and for all
costs of suit and for general relief.
'RICHARD F. BURGES,
Attorney for plaintiff
But let US read little between the
Main 81
| capable OF expansion by the insertion of
additional facts until it becomes story
OF extraordinary interest. The story
is extraordinary, first, on account of
the standing of the parties involved,
! and second, on account of
the nature of the allegation and the
breezy audacity of the prayer.
Letus see what the story is, that
makes eloquent the blank spaces and
invests with new interest each formal
word and stiff legal term:
''To the honorable A. M. Walthall.
district judge of Ell Paso county:
"Now comes George A. Ducey, pro-
fessional gambler and barkeep, pro-
prietor of the Ruby saloon and gam
bling parlors, Oregon street next the
Sheldon block, and complaining of
Joseph Magofin, mayor of the city of
Ell Paso. Texas, respectfully represents
to the court that both plaintiff and
defendant are residents of Ell Paso
county, Texas"
For the rest we will drop the formal
expression OF the law court, and talk
plain English.
Mayor MagOffin, who has sworn to up-
hold the laws of the state of Texas,
which among other things prokibit
gaming in any form, has been sued in the
district courtfor. .the payment'of gamb
ling debt which'he owed.by ell the rules
OF honor, if not by rules of law, and
which he positively refused to pay.
Moreover, he threatened to use his
power to ruin the man to whom he
owed the money, unless that man would
keep quiet and refrain from stirring up
q hornets nest.
The story goes something like this:
For considerable period of time,
number OF weeks or months not exactly
known, Mayor Magoffin had been in
gam bling rooms of George A. Ducey.
He generally chose Sunday mornings
for his periods of indulgence He
would stroll into the place with the
evident intention of trying his luck at
the gambling tables, but be SEEM
es ed to These prefer simss to Hs be alone alone
watch his chanca, 1s and when as he thou~ba ~opta
his act would be comparatively incon-
spicuous he would slide up to the table
and play the wheel. If friends came
in and spoke to him about it, he would
laugh it off and say he was "only play
ing for the drinks, and he guessed be
would stop now that he had enough for
them" He seemed to dis ike, asa
general rule, to have any notice taken
Of his weakness, and he usually had
pride enough to keep in shallow water.
he frequently won from the house,
and very seldom lost heavily in the
long run. He generally went off rich
er than he came, and of course be was
not disposed to make any {. ouble for
the keeper of the house. Whv should
be? He is mayor, to be sure. and he
was sworn to close up that place and
sll others like it as soon as he came
into possession of evidence that would
prove beyond doubt that the pro.
orietor was guilty. AS for evidence, he
lad that in his pocketbook. But as
or official oatbs-bah,
On Sunday, tee 18th day of April.
1898. the mayor was again at his place
before the roulette wheel in the RUBY
!aloon. He didn't mean to get in very
ieep. He was ''playing for the drinks,
probably. But luck was against him
hat day, apparently, for he ran stead
ly behind. The man behind the wheel
vas drunk, and be kept getting drunk
r all the time. But, as he
ays, as he got drunker the
uck got better, and the
.ame went for the house right along.
The mayor was completely out of
unds, and he repeatedly asked for
more money to stake on the wheel.
The banker would not hand him chins.
Is he knew the state law in the case.