The Papers of Mirabeau Buonaparte Lamar, Volume II

407

PAPERS OF l\fIRABEAU BUONAPARTE LAMAR

No. 998

1839 Jan. 9, JO[H]N ALEX[ANDER] NEWLAND, HOUSTON, [TEXAS], TO l\IlIRABEAU] B[UONAPARTE] LAMAR, [HOUS'l'ON, TEXAS] Application for re-appointment as notary public. A. N. S. 1 p.

No. 999

1839 J.an. 10, WILLIAM: W. FRANKLIN, HOUSTON, TEXAS,. TO MIRABEAU B[UONAPARTE] LAMAR, HOUSTON, [TEXAS] Application for appointment as prosecuting attorney of the Second Judicial District. A. L. S. 1 p.

No. 1000

1839 Jan. 10, A. SMITH TO I. W. BURTON, [HOUSTON]

Copy

City of Houston

Jan 10. 1839

To The Hon. I. W. Burton

Sir Chairman of the Select Committee of the Senate on the case of Ashbel Smith and Hon. S. H. Everitt. Ashbel Smith respectfully states, that at the time of the affray between himself and Hon. S. H. Everitt, he was in the Senate Cham- ber in obedience to the call of a Committee of the Senate-that no Committee as the Hon Chairman is aware, was then in session- that the conversation provoking the affray was not touching the official conduct of himself nor of the Hon Senator, but on a matter of which the Hon Senate can take no cognizance-that he was not armed for the purpose of attacking the Hon. Senator, being in the custom of carrying arms at all times-that he did not draw :.my weapon, until the parties, to wit himself and the Hon Senator were effectually and finally separated-that the whip which he struck the Hon Senator with, was one with which he had been driving with a lady in his buggy a half hour previous, and is in fact a riding whip of moderate dimensions-that any attack in the Senate cham- ber was unpremeditated, but then and there provoked by insult- ing words uttered at the moment by the Hon Senator-and that no person was present for the purpose of taking any part in any attack, affray or rencounter whatsoever.- In view of these points all which can be proven, Ashbel Smith be- lieves· that the Hon. Senate will discover that no obstruction was intended towards the Hon. S. H. Everitt in the discharge of his. Senatorial duties-nor any contempt of the Hon Senate premediated,.