Waco, Texas, Mayor's Court Dockets, 1869-1871: True Old West 183 Pages!

Waco, Texas in the late 1860s and 1870s was a cattle town with a permanent population of around 3,000 people. However, cowboys herding cattle along the Chisholm Trail northward to railheads in Kansas crossed the Brazos River at Waco. This large transient population brought trouble with them. Waco also developed a prostitution district called the "Reservation," which the city regulated. In 1870, local citizens completed the Waco Suspension Bridge over the Brazos River. The Tap Railroad reached the city in 1872.

In contrast to the boisterous town revealed in these records, Waco also had a reputation for being the "Athens of Texas," because of its many educational institutions.

The dockets outline arrests for a variety of crimes, including public intoxication, bathing in the Brazos River, betting on card games, cussing, fighting, riding a horse too fast or on the sidewalk, and others. The charge of public intoxication was by far the most common charge, often paired with using "boisterous" or "profane" language. Republican Mayor Benjamin F. Harris tried these cases, and typical fines ranged from $1 to $5.

[WESTERN EXPANSION; LAW.] Mayor's Court Dockets, December 5, 1869–December 29, 1870, January 4, 1871–August 3, 1871. 244 pp. (183 pp. with writing), 8ʺ x 12.5ʺ, and 286 pp, 8.25ʺ x 12ʺ. Spine and corner wear; pages clean; very good.

Excerpts:
City of Waco v. Mary Fuquay: "Arrested by Policeman Lewis Jones and charged with being found in a state of intoxication and using loud vulgar and profane language in a public place in the City of Waco on the 14th December 1869.... it is the Opinion of the Court that she is guilty fined Ten Dollars and cost of suit." (p7)

City of Waco v. G. R. Foreman: "Arrested by Policeman Compton and charged with fighting with one E. A. Hicks on the 24th December 1869, in a public place in the City of Waco. Defendant in Court and pleads not guilty. Evidence being heard, it is the Opinion of the Court that he is guilty as charged but that he was justifiable in so doing. The Defendant is therefore discharged." (p16)

City of Waco v. J. H. Roberts: "Arrested by Policeman Compton and charged with discharging firearms in a public place in the City of Waco on the 12th February 1870. Defendant in Court and pleads that the discharge was purely accidental, and the Court being satisfied of the same, the Defendant is hereby discharged." (p33)

City of Waco v. William Scott: "Arrested by Policeman Compton and charged with fast riding in a public thoroughfare in the City of Waco on the 15th April 1870. Defendant in Court and pleads guilty fined two dollars and fifty cents and Cost of Suit." (p50)

City of Waco v. Wiley Jones: "Arrested by Policeman Shaffer and charged with riding on sidewalk in the City of Waco on the 5th June 1870. Defendant in Court and pleads guilty to the act but also pleads Justification and avers that the public Street was so Thronged with waggons and Teams that he Defendant being on business was necessarily forced to ride on the side walk in order to enable him to pass. The Court after hearing his statement is satisfied that he was justifiable in his Course. he is therefore discharged." (p73)

City of Waco v. Taylor Johnson, Robert Smith, C. Cato, James Guffey, Mooter Gunnell, Chares Morgan, Willie Moran, L. Morris, M. Morris, W. Boynton, Amos Anderson, R. P. Anderson, Walter Gohlson, Kib Corley: "Arrested by Policeman Compton and charged with Bathing washing or swimming in the Brazos river close to the Suspension Bridge on said river on Thursday Evening June 9th 1870 between Sun Rise and Sun Set all of them being naked at the time. Defendants in Court and plead guilty. Fined One dollar each and cost of suit." (p77)

The City of Waco v. Austin Willis: "Arrested by Policeman Jones and charged with wilfully disturbing a congregation met for religious worship at the Colored Baptist Church on the 27th January 1871, in the City of Waco, contrary to the ordinances in such cases made and provided. Defendant in Court and pleads not guilty. Evidence heard it is the Opinion of the Court that he is guilty fined Three dollars and costs of suit which may be discharged in money or labor on the Streets or in default of either to be committed to the jail of McLennan county until duly discharged." (p27)

The City of Waco v. Loyd Harper, Charles Johnson, John Cynthiana: "Arrested by City Marshall R. D. Compton and charged with a violation of the gaming laws of the City of Waco (in a House in the City of Waco owned by W. B. [Frice?]) on the 13th February 1871. The said John Cynthiana is charged with Exhibiting a gaming Table or Bank called Monte and the said Charles Johnson and Loyd Harper is charged with betting at a game dealt on said Bank betting money in the above named house on the above named day and date. Defendants in Court and Defendants Charles Johnson & John Cynthiana plead guilty. The Defendant Charles Johnson is fined Ten dollars and Defendant John Cynthiana is fined fifteen dollars, and cost of suit. There being no evidence against Loyd Harper he is hereby discharged." (p43)

The City of Waco v. Lizzie Washington: "Arrested by Policeman Jones and charged with beating striking and abusing the Infant Child of Fany Watkins in the City of Waco on the 1st March 1871. Defendant in Court and pleads guilty to whipping the Child but pleads justification. The court is of opinion that she is justifiable in exercising moderate restraint over the Child of Fanny Watkins from the Testimony as detailed by the witnesses Wilson Hargroves, Melissa Edwards & Bernice Burton The Court therefore discharges the Defendant." (p66)

The City of Waco v. Bill Browne & Jeff Center & Harry Varme Major Parham: "Arrested by and charged with betting at Chuck-a-luck, a banking game, in the City of Waco June 24th 1871 – in the presence of Marshal Compton. Defendants in Court and plead not guilty Evidence heard it is the Opinion of the Court that they are not guilty. They are therefore discharged." (p211)

Benjamin F. Harris (1824-1906) was born in Georgia but later moved to Texas. He was a devoted Unionist during the Civil War. After the war, he served as acting postmaster in Waco and was chairman of the Republican Party in McLennan County. Texas Governor Edmund J. Davis (1827-1883) appointed Harris to be mayor of Waco in September 1870, but it appears from these dockets that he had been filling that position for nine months earlier. He served as postmaster at Cleburne, north of Waco, until February 1874, when he was replaced. He later moved to Bosque County, Texas, northwest of Waco, where he was a farmer.

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