451
PAPERS OF MIRABEAU BUONAPARTE LAMAR
tenures of office as may be particularly prejudicial to the people of whom I am one. Offices of high responsibility and of ge{ieral public importance, should be filled with men of good character at least, and of some personall responsibility. With such an exordium I beg leave to inform your excellency, that the most profitable office in the nation, that of District Attorney of , the Second Judicial District, is held and from the first organization of the courts, has been held, by a man destitute of all moral principle, a spendthrift, a gambler and a debancher, or one in the habit of taking too much steam aboard--A man who has too many necessi- ties for money to be always honest in the discharge of his official duties-a man who instead of aiding to execute the laws is known oftener to violate them than probably any other man in our county. For the general character of Mr. A. 1\1. 'romkins, the gentleman alluded to, I beg to refer your Excellency to Francis l\1oore Esq. 1\1 ayor of the City of Houston, John Shea Esq. a Justice of the peace of the City, A. H. Phillips A. Wynns, ·wm. Lawrence, Thos. ·wm. "\Vard, Esqs. respectable attorneys at law of this county, all or any of whom can recite particular acts of disorderly or ungentlemanly conduct. For acts of official misconduct, I would refer your excel- lency to E. H. Winfield, Esq. deputy clerk of the District Court to show that he has entered a nolle prosequi on many indictments by the Grand Jury of this county, on the defendant's confessing Judge- ment for costs, so that he could get his fee as on a successful prose- cution: in this I hold that if the accused would confess Judgement for costs, it is strong presumption that the proof was strong enough for a conviction. I would also refer to l\Ir. John "\Voodruff, one of the Grand Jury of :March Ten 1838, to show that the grand jury directed him in many cases to prepare indictments iri which he neg- lected it and no bills were ever handed in-through-his fault. That l\Ir. Tomkins is in the constant practic~ of depositing money in faro Banks, and of dissipation and rioting, can be established by any of the gentlemen above named. I have therefore confidence in saying to your excellency that with the exception of about one hundred of his own class, the removal of Mr. Tomkins and the appointment of a respectable man to the office which he holds, would give general satisfaction to the people of this county. I could detail facts in substantiation of the charges which I have made, but being the Complainant in behalf _of the people, I prefer referring your Excellency to others for particulars. With Respect His Excellency Mirabeau B. Lamar Your Obedient Servant A. Briscoe
[Endorsed] A.•Briscoe
[Addressed] To His Excellency
Heed 27th Feb. 1839 Petition to remove the Judge 2nd. Jndl Dist.
Mirabeau B. Lamar President of the
Republic of Texas Houston
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